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HomeMy WebLinkAboutCC 2020-07-23 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting ,,20 :00AM City Hall CityCommission FrancisX.Suarez,Mayor Ken Russell, Chair, District Two Diazde la Portilla,Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four ,CityManager VictoriaMéndez, City Attorney Todd B. Hannon,CityClerk City Commission Meeting Minutes July 23, 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 23rd day of July, 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 9:36 a.m., recessed at 1:00 p.m., reconvened at 3:13 p.m., recessed at 8:06 p.m., reconvened at 9:24 p.m., recessed at 10:35 p.m., reconvened at 10:56 p.m., and adjourned on Friday, July 24, 2020, at 1:50 a.m. Note for the Record: Commissioner Diaz de la Portilla joined the virtual meeting at 9:56 a.m., and Commissioner Carollo joined the virtual meeting at 3:45 p.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Méndez, City Attorney Todd B. Hannon, City Clerk PART A - NON-PLANNING AND ZONING ITEM(S) ORDER OF THE DAY Chair Hardemon: Hello. Welcome to the July 23, 2020 meeting of the Miami City Commission. Pursuant to Executive Order Number 20-150, issued by the Office of Governor Ron DeSantis on June 23, 2020, municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at a specific location, and utilizing communications media technology, such as telephonic or videoconferencing, as provided by Section 120.545(b)(2) Florida Statutes. Procedures for the public comment will be explained by the City Attorney shortly. Procedures for swearing in of parties for the Planning and Zoning and/or quasi-judicial items will be explained by the City Clerk. The members of the City Commission appearing remotely for this meeting are Alex Díaz de la Portilla, Joe Carollo, Manolo Reyes; Ken Russell, the Vice Chair; and me, Keon Hardemon, the Chair. Also appearing remotely are City Manager Art Noriega; City Attorney Victoria Méndez; City Clerk Todd Hannon. And the meeting will be -- will actually begin at this moment. So 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 all lobbying requirements. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is r 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 today 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 City of Miami Page 1 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 more than two minutes on any proposition before the City Commission, unless modified by the Chair. Since this is a virtual meeting, as authorized by the Governor of the State of Florida, members of the public wishing to address the body may do so by visiting miamigov.com\\virtualmeeting to upload their comments -- video comments -- or submit their written comments via the online comment forum. 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 phone by calling 305-250-5350, or online at miamigov.com\\government\\live-public-comment. 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. Speakers who appear in person will be subject to screening for COVID- 19 and will not be permit -- and 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 Commission takes final action on such proposition. When addressing the City Commission, members of the public must first state his or her name, his or her address, and what item will be spoken about. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. Please note, Commissioners are generally briefed by City staff and the City Attorney on items on the agenda today. PZ (Planning and Zoning) items will proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance. It's temporarily modified by Emergency Ordinance Numbers 13902 and 13903. Pursuant to Emergency Ordinance Number 13903, parties for any PZ items, including any applicant, appellant, appellee, City staff and any person recognized by the decision-making body as qualified intervenor, as well as the applicant's representative and any experts testifying on behalf of the applicant, appellant, or appellee may either appear by physically being present at City Hall to be sworn in by oath or affirmation by the City Clerk, or may appear virtually and make arrangements to be sworn in by oath or affirmation in person at their location by an individual qualified to perform such duty. Pursuant to Emergency Ordinance Number 13903, members of the general public who are not parties to an action pending before the City Commission are not required to be sworn in by oath or affirmation. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice pursuant to Florida Statute Section 286.015 and Section 7.1.4.5 of the Miami 21 Zoning Ordinance. Staff will briefly present each item to be heard. For applications requiring City Commission approval, the applicant will then present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentation shall be as set forth in Miami 21 and in the City Code providing that the applicant shall present first. For appeals, the applicant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have. The City of Miami requires anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action pursuant to Section 2-8 of the City Code. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. If any Commissioner thinks the documents supplied to the Commission less than seven days before a merited continuance, the item may be deferred by the City Commission. When the City Commission takes action or votes on any proposition before it, it shall do so by a roll call vote, which will 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 noise-making devices. The City of Miami is using Zoom to hold its July 23, 2020 virtual City Commission meeting. Zoom is a cloud platform for video and audio conferencing, City of Miami Page 2 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 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 the meeting through all usual 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.com\\tv, through the City's Facebook page, on the City's Periscope page, 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 any participants will be appearing willingly, the public will have no discernable difference in their ability to watch the meeting. The City has developed several new methods of ensuring the public comment for a virtual meeting. The option allows the public comments via the dedicated City of Miami public comment voice mail by calling 305-250-5353, where individuals will be able to leave a two-minute message to be played during the virtual Commission meeting. The second option allows the public to submit a two-minute video to be played during the virtual Commission meeting. The third option allows the public to make comments through the City's online comment forum. The comments submitted through the comment forum have been distributed to elected officials and City Administration throughout the day so that the elected officials can consider the comments prior to action taken. Additionally, the online comment forum will remain open during the meeting to accept comments and distribute them to the elected officials up until the time the Chairman closes public comment period. The fourth option allows the public to pre-register to provide live public comment by phone given virtual Commission meeting \[sic\]. Follow all these options. The comments received will be included in the public record of the meeting. The City has created a simple set of instructions to explain how the public may submit their comments with either option. These instructions were provided in the notice to the public, via the City's social media channels, and published online at miamigov.com\\virtual meeting. Like any other City Commission meeting, the public may provide public comment at City Hall, as well. The City has set up a terminal in the event members of the public travel to City Hall to provide public comment. Again, due to COVID- 19, all speakers desiring to appear in person will be screened to ensure no violate -- no one is positive with COVID-19. Any speakers who appear in person who demonstrate positive symptoms of COVID-19 will not be permitted to enter City Hall, but will be allowed to participate through the remote options described earlier. These public comment options established are provided for the virtual City Commission meeting comply with Section 286.014 and Section 120.54 of the Florida Statutes. 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 voice mail, online public comment forum, the public comment video upload, the live public comment by phone, and the City Hall terminal. Section 286.014(4)(c) Florida Statutes authorize the City to prescribe procedures or forums 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 has provided five different methods to indicate, among other things, the public's support, opposition, or neutrality on the items and topics to be discussed at the virtual City Commission meeting. Commissioners, please confirm you are comfortable with these notice provisions and the uniform procedures we have established for this virtual meeting. Chair Hardemon: Yes. Mr. Min: Thank you, sir. I believe the Clerk needs to read the procedures before swearing in now. Chair Hardemon: Mr. City Clerk, please state the swearing in procedures to be followed during this meeting. Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony to be sworn in for Planning and Zoning items and any quasi-judicial items agenda will be as follows: The members of the City staff or any City of Miami Page 3 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 other individuals required to be sworn in who are currently present at City Hall will be sworn in by me, the City Clerk, immediately after I finish explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for Planning and Zoning items, and/or quasi-judicial items. Pursuant to Emergency Ordinance Number 13903, those individuals appearing remotely may be sworn in at their location by an individual qualified to administer the oath. After you are sworn in, please be sure to complete, sign, and notarize the affidavit provided to you by the City Attorney's Office. Each individual who will provide testimony must be sworn in and execute an affidavit. Please email a scanned version of the signed affidavit to the City Clerk at thannon@miamigov.com prior to providing testimony on the Planning and Zoning item and/or quasi-judicial item. The affidavit shall be included in the record for the relevant item for which you will be providing testimony. Chair, if I may, with your permission, I'd like to administer the oath to those physically present in the chambers. Chair Hardemon: Please. Mr. Hannon: Thank you, sir. Bear with me for just a moment. May I please have you raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you. Thank you, Chair. Chair Hardemon: Thank you very much. \[Later\] Chair Hardemon: And Madam City Attorney, are there any pocket items that we need to consider? Victoria Méndez (City Attorney): Good morning. Yes, Chair; there are several pocket items. Chair Hardemon: Can we read the headings of them, one by one, please? Ms. Méndez: Yes. First, this is the Manager's pocket item. The Resolution was read by title into the public record by the City Attorney. Chair Hardemon: I'll list that as PI.1 for references. Can you read the next one? Ms. Méndez: The next one is also -- this one's an emergency ordinance from the Manager's Office, as well. It's by a four-fifths affirmative vote. The Emergency Ordinance was read by title into the public record by the City Attorney. Ms. Méndez: When we vote on this one later, I'll read it two times for the votes, but at least so anybody can provide public comments since it's a pocket emergency. Chair Hardemon: Okay. I'll list that one as PI.2 for references. Ms. Méndez: Thank you. The next one is a pocket item from Commissioner Russell. The Resolution was read by title into the public record by the City Attorney. Chair Hardemon: I'll list that one as PI.3 for references, for identification. City of Miami Page 4 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Ms. Méndez: Thank you. The next one is also from Commissioner Russell. The Resolution was read by title into the public record by the City Attorney. Chair Hardemon: List that one as PI.4 for identification purposes. Ms. Méndez: Thank you, Chairman. The next one is a pocket from my office, and it has to do with a waiver to enable my office to advise and counsel the City Clerk in the matter of Carrollo v. Piper. Chair Hardemon: Is that the heading of it, Madam City Attorney? Ms. Méndez: Yes. Chair Hardemon: Okay. I'll list that one for identification purposes as PI Number 5. Ms. Méndez: And then another pocket from my office having to do with waiving any conflicts of interest to allow Ben Kuehne to advise and counsel the City in the matter of Miami-Dade County versus -- in the matter of City of Miami versus Miami-Dade County, Case Number 2020-14640 CA 01. Chair Hardemon: Okay. I'll list that one as PI.6 for identification purposes. Ms. Méndez: And then finally, I believe that Commissioner Russell has a discussion item having to do with COVID in general, coming -- that is coming up. Chair Hardemon: Okay. Then we don't have to list that as a pocket item, though, correct? Ms. Méndez: No, unless there's something specific you wanted us to do, or we could just have discussions. Chair Hardemon: Okay. Commissioners, are -- is there any other person that wants to add any additional pocket items or is that everything? Vice Chair Russell: Mr. Chairman, yes. I just wanted to make sure that we get that discussion item listed specifically as COVID -- what it has to do with is during the break, we're going to be -- the Commissioners won't be meeting again for the next month. And so, I really want to deep dive on what the Administration's going to be doing here for -- to study the metrics of the virus, and what actions and steps they're going to be taking based on where they see those metrics going. Chair Hardemon: Okay. Then we'll ensure that that is included on the DI (Discussion) list. At this time, Mr. Manager, are there any continuances, withdrawals, or deferrals that we need to be aware of? Arthur Noriega (City Manager): Good morning, Mr. Chairman, Mr. Vice Chair, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: To be deferred: PH.10, which is a bid waiver for the Dade Heritage Trust; to be deferred to October 8 meeting, RE.4, the acceptance of the recommendation for Virginia Key Marina; to be deferred to the October 8 meeting, RE.5, which is a referendum question on the Virginia Key Marina; to be indefinitely deferred, SR.1, which is amending the Code for Chapter 20, 29 and 54. And to be withdrawn, SR.2, amend the Code, Chapter 2, order of business rules and procedures. That concludes the items. Mr. Hannon: Mr. Manager, my apologies. PH.10 is being deferred to what date? City of Miami Page 5 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Mr. Hannon: Indefinitely deferred? You can bring it back any time within six months. Mr. Min: Mr. Manager, I would suggest it may be ready in September. Mr. Noriega: Yeah. I would try for -- so maybe the second meeting in September. Mr. Hannon: Understood. September 24. Thank you, sir. Commissioner Díaz de la Portilla: Mr. Chair. Chair Hardemon: You're recognized, Senator. Commissioner Díaz de la Portilla: Thank you, Mr. Chair. Mr. Manager, RE.5, the Virginia Key Marina, you're deferring it to October 8? What's the timeframe for --? That's a ballot question that we have to put on a particular election cycle, right? What's the --? Can you walk me through what the timeframe is? Because this is one of those issues that's been pending and pending for many years before I got here, and it's something we probably need to address one way or the other at some point, so we can get this economy moving. Mr. Noriega: Sure. Commissioner Díaz de la Portilla: One of those issues that we talked about, big-ticket issues that we need to move forward to try to get some dollars flowing in this economy that really, really needs it right now. What's the timeframe for --? It'll be deferred to October 8. Why October 8? Why not the September meeting or --? Mr. Noriega: Well, the reason for September is because we have a pretty full September docket, and particularly, with the budget hearings. Commissioner Díaz de la Portilla: Yeah, but that never stopped us before. Mr. Noriega: No, I know. I just didause this will be -- this is obviously a much discussed item, so I wanted it to have its own sort of platform for that, and I thought the first meeting in October would be probably the most appropriate time to do it. As for the timeliness of -- from a referendum perspective, I know to get it on this November's agenda -- and I'm certain the City Attorney and/or the Clerk can add to this -- the deadline was July 31. I don't know that there's an ability to make some sort of concession to that. That's the information I was given; otherwise, it will have to be during our special election next June, or it would float to the following November. Commissioner Díaz de la Portilla: Madam Attorney, is that a statutory date, that July 31 date; statutorily mandated, or by ordinance that we have to have something in by that date for it to be in the November ballot, or is that just the way it's been done before? Ms. Méndez: The -- Commissioner, that's a very good question. Based on the Florida Statute, it gives that right to the Elections Department, so that is -- it's their prerogative. It's under them to make those determinations. So it's not a timeframe. Commissioner Díaz de la Portilla: So does the Miami-Dade County Supervisor of Elections -- Is there any Miami-Dade County ordinance that forces this to be by July 31, or just a matter of internal policy that they've taken and they could change overnight if they choose to? Ms. Méndez: Changing overnight -- Commissioner Díaz de la Portilla: That's an expression, that's an expression. Ms. Méndez: Right. City of Miami Page 6 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Díaz de la Portilla: That they get up one morning and decide, you know what, July 31 is just an internal memo that we issued last year, you know. We're going to make it now October 15. Ms. Méndez: Right. It just basically -- maybe you do have a point with regard to that, that they could make some sort of different determination. I don't think that there is a County code that speaks to that. I do know that what we're following is Section 100.151 of the Florida Statutes that says that the Supervisor of Elections has to approve like the special elections by municipalities and those types of dates. We can inquire as to any flexibility. I also defer to the Clerk on these things, because he is our Elections Supervisor. But you are correct that there isn't -- we have not found that there is a -- you need 30 days; you need, you know, 50 days. It's not something like that. It's something that they can set pursuant to the State Statute 100.151. Commissioner Díaz de la Portilla: Right, so Mr. Chair, through you, please, if -- let me ask the Clerk then. So let's assume that we have -- hypothetically we have a Mayor -- a Miami- Dade County Mayor who acts on a whim every once in a while and he decides that he wants to have this election, and put it on the November ballot. Is that possible? Can he direct the Supervisor of Elections to do that if he chooses to have this matter heard in November, or voted on in November? Mr. Hannon: Well, there are many considerations when -- it's my understanding -- when it comes to the deadline that's established by the Supervisor of Elections. We're talking about a number of municipalities who are probably requesting to piggyback off of the November ballot. So logistically, especially when it comes to translation, there's a tremendous amount of work that goes on behind the scenes, so that's why the deadline is established in the way that it is. The Supervisor of Elections does answer to the Miami-Dade County Mayor, but I would imagine they would take into consideration the logistics of what it takes to get an item on the ballot when it comes to this deadline that has been established. Commissioner Díaz de la Portilla: Okay. Chair Hardemon: I want to make a remark. And that kind of -- if then the majority of our cities have followed this deadline, it is possible that one additional question could be added, because then the work will be only limited to that one individual question, as opposed to 20 questions from, you know, 15 different municipalities. Commissioner Díaz de la Portilla: And that's my concern; that's a concern. Is it possible? Not that it's likely. I'm asking, is it possible that if they decide to put it on, they could put it on and we take action in October? Mr. Hannon: No; no, sir. October would definitely be too late. I was -- we could maybe get a -- I could request the potential of maybe a week extension, but I think that would be pushing it. Commissioner Díaz de la Portilla: Okay. Thank you. Mr. Hannon: Again, it's a presidential election. This is a big one. Commissioner Díaz de la Portilla: Okay. Thank you, Mr. Chair. Chair Hardemon: No problem. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized, Mr. Vice Chair. Vice Chair Russell: On that same subject, I completely agree with Commissioner Díaz de la Portilla, and I would recommend that we defer that one to September, our next meeting, so that City of Miami Page 7 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 in case the Supervisor of Election is able to accommodate the question and we do come to a decision based on a recommendation by the Manager, we're able to take action at that time. If it's not ready or it's physically impossible, or the Supervisor's (INAUDIBLE) at least this will give it a chance. Commissioner Díaz de la Portilla: Well, Mr. Chair? Vice Chair Russell: Did we freeze? Commissioner Díaz de la Portilla: Mr. Chair. Chair Hardemon: Yes, Senator. Commissioner Díaz de la Portilla: I wasn't arguing for putting it on the November ballot or putting it on an earlier ballot. My argument was that we -- I agree with the Manager that this issue demands that we have a complete debate and have -- pay attention to this particular issue. I was also going to ask him later on in the meeting if we were going to add any other issues that are also what I call big-ticket items to that October meeting, perhaps, so we can deal with other issues along the way that need to be dealt with; things that will spur our economy, because we are dealing with serious economic times, as everyone knows, and we need to have things -- and move things forward, especially after we deal with our budget in September. We'll have a better idea of where we are fiscally in the City at that point. So in October, the first meeting in October, I think that we need to begin to move some of these big- ticket items forward, one way or the other. If we -- you know, there's not agreement on this Commission, there's not agreement on this Commission. But it does -- this is an issue that does deserve complete debate. My argument, Commissioner Russell, was that we didn't want to be surprised. And the same right -- the same desire that we have to have a debate about this, I think the people of Miami should have an opportunity to understand the issue before they vote on it. But I wouldn't want a quick election where they don't have that opportunity; that's why I was asking that the Mayor maybe decides -- the Mayor of Miami-Dade County decides to -- "Hey, I want to put this on the ballot in November," after we take action in October. I want to make sure that that doesn't happen; that it does not happen. Because then the people won't have an opportunity to adequately, you know -- and maybe special interests will prevail one way or the other. As you know, many times these referendums are controlled by special interests. So we want to make sure the people have ample debate -- ample opportunity to have that debate and to hear both sides of that argument, whatever the proposal we put forward. That's my argument. So I think October 8th is fine for me. I just wanted to make sure that it wasn't -- and I agree with the Manager. This is something that demands a lot of attention. It's a big issue. It's in your district, I understand that, as are most of the things we're going to be talking about today I think, Commissioner Russell. I think we're going to be talking about a lot of budget allocations in your district, but that's a different debate we're having a little bit later on. But, yes, this is something I think that you -- it's important to you and to your district, to your constituents, so I think it deserves a lot of attention. Vice Chair Russell: Thank you. Through the Chair? I agree with you. I did misunderstand in the way you were going. What I agree with you on is about understanding the deadlines and so that we don't miss the deadlines. For my part, I would love to see the Manager come to a decision on this in terms of his recommendation, sooner than later. But I did receive a message from the Supervisor of Elections just now that it's a drop-dead July 31st, at least from her part, for everything that she has to organize. So October 8th is absolutely fine with me. Commissioner Díaz de la Portilla: Okay. When Mayor Gimenez sends you that email or that text, then I'll believe it. Vice Chair Russell: Understood. Chair Hardemon: Are there any other items? Seeing none, is there a motion --? City of Miami Page 8 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Reyes: I was muted, Mr. Chair. Are we deleting also the -- I mean, deferring or withdrawing the PZ (Planning and Zoning) items? Are we going to take care of it or we're going to wait until the afternoon? Chair Hardemon: No. They can be stated on the record, as well. Commissioner Reyes: Well, I was told that PZ.6, PZ.7 is going to be -- was going to be deferred. And I want to defer also PZ.8, that I want to give more time. And I was requested for more time for the Commissioners and everybody to analyze it and come with suggestions and I'd rather have everybody on the same boat, everybody on board, and I want to hear everybody's opinion. Chair Hardemon: Okay. So to clarify for the record, when do you want PZ.6, 7 and 8 to be deferred to? Commissioner Reyes: Well, PZ.6, this is going to be deferred -- how about October, meeting in October, and just as well as PZ.7. And also, on PZ.8, we can defer to October. Chair Hardemon: Senator, you're recognized. Commissioner Díaz de la Portilla: I'm going to oppose deferring PZ.6 and PZ.7. What district is that in? I believe it's -- I think you may have been talking about PZ.8, Commissioner Reyes. Commissioner Reyes: Yeah. I was -- PZ.8, what I said that I heard -- I was told that PZ.6 and PZ.7 was going to be -- Commissioner Díaz de la Portilla: Oh, okay. Commissioner Reyes: But I am deferring PZ.8. Commissioner Díaz de la Portilla: Oh, okay. Commissioner Reyes: Okay, that's the one that I -- Commissioner Díaz de la Portilla: Oh, okay. Commissioner Reyes: My question was, "Is this going to be deferred?" because during the meeting, it was -- and it is written also on the heading. It says, "may be deferred." I just wanted to know just for my record to know that it was going to be deferred. Now, my request is to defer PZ.8. Okay? Commissioner Díaz de la Portilla: Okay, okay. Chair Hardemon: Okay. Is there -- from the Administration, is there a continuance being requested for PZ.6 and PZ.7? Mr. Noriega: We are not. We didn't ask for it, no. Chair Hardemon: Okay. Commissioner Reyes: Okay, just want to make sure. Ms. Méndez: It was discussed at briefing, though, that it could happen. So -- Commissioner Reyes: That's right. Ms. Méndez: -- Commissioner Reyes has the correct recollection, but it was going to be discussed today as to whether it would actually happen. City of Miami Page 9 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Reyes: Just wanted to make it clear, mark it here and then forget about it. But if it's not, then we'll discuss it, okay? But PZ.8, which is my item, I want to defer it and, I mean, in order for everybody to analyze it, and since there was some sort of pushback on it, and maybe people don't understood what was going on, and I want them to come with any type of suggestions. And if they want to provide betterment of the ordinance, I will accept it. Chair Hardemon: Understood. Is there a motion in accordance with what's been stated on the record? Commissioner Díaz de la Portilla: So moved. Chair Hardemon: It's been properly moved -- Commissioner Reyes: Second. Chair Hardemon: and seconded. Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Mr. Hannon: PZ.8 (INAUDIBLE) PZ.8 again. Chair Hardemon: Motion carries. Commissioner Reyes: PZ.8 is going to be deferred to October. That's what I'm saying. Mr. Hannon: October -- either October 8th or the 22nd? Commissioner Reyes: I would say October 8th. Mr. Hannon: And then, Chair, my apologies, but I would just like to quickly state the co- sponsor requests. Mayor Suarez would like to co-sponsor RE.13, FR.1, FR.2 and FR.3. Commissioner Carollo would like to co-sponsor RE.15. Thank you, Chair. Chair Hardemon: Thank you very much. Now -- Commissioner Díaz de la Portilla: Is this the time that we ask to co-sponsor some of the pocket items, also? Chair Hardemon: I mean, that's perfectly fine. You can do that. Commissioner Díaz de la Portilla: I want to co-sponsor the pocket item -- I forget the number now. I don't have it in front of me -- for the rentals and mortgage assistance program that we're getting from the Florida Housing Finance Corporation, sponsored by Commissioner Russell. Commissioner Reyes: I would like to co-sponsor that, too. Chair Hardemon: And the Chair would, as well. That's PI Number 4, Pocket Item Number 4. Commissioner Díaz de la Portilla: 4, okay. Commissioner Reyes: And what happened with RE.15? What I heard? What was it? What was it? Somebody mentioned RE.15? Chair Hardemon: No. We haven't talked about RE.15 yet. City of Miami Page 10 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Reyes: Oh, okay, okay. I thought that -- today, I'm -- I don't know. Chair Hardemon: That happens sometimes. Commissioner Reyes: Yeah. PUBLIC COMMENTS FOR ALL ITEM(S) 7681 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR THE JULY 23, 2020 VIRTUAL CITY COMMISSION MEETING. RESULT: PRESENTED Chair Hardemon: Okay. So now I'm going to open the floor for public comment. Members of the public have two minutes to address this body. They may state -- they should state their name, first name and last name; they may state their address, and then what item it is that they're here to speak about. Are there any persons at the lectern in City Hall that would like to speak? Manuel Otero (Web Administrator, Innovation and Technology): Yes; there's about eight. Chair Hardemon: Okay. Can we have them first, please? Mr. Otero: Yes. And they're going to need -- some of them are going to need a translator. Jose Montero: (Comments made in Spanish). Chair Hardemon: (Comments made in Spanish). Are they going to provide the translator for him now? Victoria Méndez (City Attorney): Yes. Unidentified Speaker: Yeah, they -- Chair Hardemon: Okay. Ms. Méndez: Apparently, he's going to speak, and the translator will translate right after. She's taking notes. Chair Hardemon: Understood, thank you so much. You can continue, sir. (Comments made in Spanish). Ms. Méndez: (Comments made in Spanish). Commissioner Díaz de la Portilla: (Comments made in Spanish). Mariana Campos: Good morning. I'm the Spanish interpreter. City of Miami Page 11 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Mr. Montero (as translated by Mariana Campos, official Spanish interpreter): My name is Jose Montero. I just want to know about the change of zone where I live, if it's going to be a benefit for me or it's going to harm me in any way. My address is 1165 Northwest 8th Avenue, Miami, Florida 33136. Chair Hardemon: Thank you very much. Gracias. Commissioner Díaz de la Portilla: I think he wanted an answer at that moment. Chair Hardemon: Yeah. Next speaker, please. Marta de Leon (as translated by Mariana Campos, official Spanish interpreter): Good morning, Commissioners and Mayor. My name is Marta de Leon. My address is 843 Northwest 12th Street, Miami, Florida 33136. We wanted to know what's going to happen in the area where we live. Are they going to build buildings or houses or offices, and if that's going to benefit us? Chair Hardemon: Thank you very much. Gracias. Next speaker, please. Ms. De Leon: Okay. Gracias. Chair Hardemon: Is there anyone else that needs to speak at the lectern in person? Unidentified Speaker: Yes; one second, sir. Scott Silver: Good morning. Scott Silver, 2980 McFarlane Road. I'm here to speak on the Villa Woodbine matter that comes up at 2 o'clock. I know that this is public comment right now, but there's one important item I think procedurally before the 2 o'clock. I would like you all to be able to address the request for an intervenor status for the directly adjoining neighbors. We have multiple witnesses. We have an entire case to put on. We have evidence, historic preservation architects and other experts. Not knowing whether we can just do this at two minutes at a shot, we'd like to be able to know in advance of the hearing at 2 o'clock whether we're going to be able to put on a full case. You can't really -- for due process concerns, you can't really have a true hearing on an appeal without the appeal being tested, without the ability to cross-examine their witnesses, the ability to present our witnesses and present our evidence; otherwise, if that happens, we'll wind up coming back here again. You know, the courts will determine that we didn't have the opportunity to present evidence. On the merits of the matter, though, the issue is whether they meet the standards for Certificate of Appropriateness. They do not meet either the City standards under Chapter 23, which require minimizing the impact on the neighboring structure and landscaping, and they clearly don't meet the requirements on the Silver Bluff. The deck that they've constructed to completely cover the bluff, a five-foot deck, they deliberately left out of their presentation any view of the Silver Bluff from Bayshore Drive. If you look at that, they are completely blocking the Silver Bluff. They're putting a deck over it. Your staff indicated that that was not acceptable, only changing it when they agreed to cut a hole in the top. That would be like putting a shroud around the Freedom Tower and saying that you can peek under it to look at it. So I would urge you first that if you can, prior to 2 o'clock, make that determination, because we have approximately 12 witnesses who we'd like to present. We have significant evidence. Some of it has been submitted of record before hand, but in order to have a true due process consideration for the neighbors -- and there are well over a thousand neighbors who have signed on to petitions and this is a significant matter, and I would urge you to allow us to fully present that at the 2 o'clock hearing. Chair Hardemon: So, counselor, I'll be sure to let you know this: We will not be able to decide the intervenor status before 2 o'clock. We will decide that status when that case is -- when we're deciding that particular case, when we call that item. Mr. Silver: Okay. City of Miami Page 12 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Chair Hardemon: For instance, if there's a need -- if there is a granting of intervenor status and either party needs a continuance in order to be prepared for the hearing, we will allow that. If you want to move forward with the hearing, we may allow that today. You'll be able to call your witnesses. You'll be able to present your evidence and test the other evidence. And so, you will have due process in this matter. It's just that we -- the discussion about intervenor status is a -- most of the time is as considerable one. Many times you can call witnesses -- people call witnesses to determine that. And so, we just want to make sure that we don't break everything up in a way that is not conducive to having a fair hearing, and everyone understands. So we will discuss the matter. If you are granted intervenor status today, for instance, we -- it is not problematic for us to give additional time for both parties to be prepared for the new party that just entered into the fray. Mr. Silver: Thank you. We do appreciate that. Thank you very much. Ms. Méndez: Chairman? Chair Hardemon: Go ahead, Madam City Attorney. Ms. Méndez: Chairman, excuse me. Before the gentleman leaves, one, I don't think this is time certain for 2 p.m. If we get to it earlier, we can get to it earlier. I just want to make sure that everybody understands that. Chair Hardemon: Most likely we won't, because I think we have two hours of public comment. Ms. Méndez: Okay. And then second, I thought the gentleman and his team were appearing remotely and were able -- were going to do public comment before, and then bring on their case for intervenor status. Or are they going to do it there from City Hall? I'm confused. I just want to know logistically, because last time they -- I think last time, you all appeared virtually, and you brought everybody in for public comment. So are you still doing that? Mr. Silver: We would like that clarified, as well, because we were all over at the Coral Reef Yacht Club. We had the video set up there, but we were told that we were not being given the Zoom link so -- and we were to come over to City Hall. So I'd like that clarified as to whether we can do it remotely, or whether we all have to be here. We would like to know that. Ms. Méndez: Right. Mr. Chairman, can we please have the same set up that we did last time? I don't know why (INAUDIBLE) -- Chair Hardemon: Yeah. I'm not sure why it was not allowed, but if they want to utilize that for public comment, that's perfectly fine. You know, we guarantee public comment. Everyone has a reasonable opportunity to be heard, so that's something that we guarantee. In this case, I mean, public comment and the case in chief is two completely different things. And I'm sure you're aware that public comment is not considered evidence in the case. And so, I say that to you just to say that if they choose to speak for public comment, because they're residents and they want to express themselves, that's perfectly fine. It will have no bearing, whatsoever, on the facts of the case, though. Mr. Silver: So for the case in chief, will we be allowed to present remotely, then, to argue the intervenor? Chair Hardemon: Yeah, if it's necessary. Absolutely, yes. Ms. Méndez: Yes. So since we have two hours of public comment that's coming on, then I believe, Mr. Chairman, they can go set up and then right after that, we'll let them do their public comment within two hours from now, so they could go set up. Mr. Silver: We have our public comment folks here. They came here when we were -- City of Miami Page 13 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Ms. Méndez: Oh, okay. Mr. Silver: (INAUDIBLE). Chair Hardemon: That's fine. Okay, thank you, sir. Ms. Méndez: Thank you, Chairman. Commissioner Díaz de la Portilla: Mr. Chairman, I believe two hours from now, we're going to be having lunch. Chair Hardemon: That is correct. Commissioner Díaz de la Portilla: Okay. Thank you. Rachel Cardello: Good morning. My name is Rachel Cardello. I live at 2175 Tigertail Avenue. And I'm speaking on behalf of the Carrollton project that's before you today. So clearly, the first item is requesting that you uphold the HEP (Historic and Environmental Preservation) Board decision from December 3rd, denying the Special Certificate of Approval and Appropriateness; but secondly, to also request the intervenor status that was just spoken about a few moments ago. So I'm clearly within about 70 feet of the property and one of your fellow board members -- Commissioners felt that he could recuse himself, because of his proximity to the project. So I think it certainly grants us status due to the fact that we're even closer than his property, as well. So I'd like to talk quickly about the Certificate of Approval and that the Villa Woodbine site was designated part of Historic Preservation District 60. And the reason is for the environmental and ecological importance, which is supposed to be for the welfare of the general public and the City of Miami. And they provide environmental functions for the welfare of our community. So, clearly, the project is not in compliance with any of the environmental protections that I think are due to the overall community and welfare of our neighbors, and especially our coastal community. I'm going to take this off. It's hard to breathe. The second part is just regarding that loss of natural resources, you know, the destabilized soil, the runoff, the water retention, or lack thereof. I actually have water coming up through my slab that I've recently had to put a sump pump out in my garden in order to mitigate, which never happened before. So, clearly, the water levels are being impacted daily as we continue through the climate crisis that the City has, you know, declared an emergency of recently. So all of these natural resources I don't think are being protected by the project. The second item that I want to talk about is the appropriateness. And for me, the criteria for discussing the appropriateness of the scale of the project is primarily with the context of the neighborhood. It's a key criteria for any review that you should be doing, which is about compatibility. So Tigertail Avenue, which is what I front on, for all other properties on that street, it's a 30-foot setback. That's standard on Tigertail Avenue. But the project itself has two fronts; Bayshore and Tigertail. So the school that's being proposed -- about 30,000 square feet of a building -- is about 18-foot-six from that setback. Todd B. Hannon (City Clerk): Excuse me, ma'am. Ms. Cardello: Yes. Mr. Hannon: Ma'am, my apologies. The two minutes have -- your two minutes have expired. Ms. Cardello: Thank you. Jon Ewing: Am I on? Chair Hardemon: Yes, you are, sir. Mr. Ewing: Good morning. My name is Jon Ewing. I'm here representing my family, myself, Carol Ewing, and my son, Scott. We reside at 2121 Tigertail Avenue, which is inside the 500- City of Miami Page 14 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 foot circle of the project. I want to be clear that myself and all the folks here are not against a school. We're only against the location of the school. The location is improper for the area and the neighborhood that they're trying to build in. There is a loss of green space, and with the buildings and pavement will adversely affect water drainage and runoff, contributing to flooding, as well as increased local temperatures. The traffic is already gridlocked from 7 to 8:30 in the morning, and at 3 to 4 in the afternoon due to the Ransom School on Tigertail Avenue. I cannot even get to my house during those hours. The trees -- the tree canopy of the property is being decimated. The trees remaining will die from root structure damage from the buildings being constructed. The taxes -- there are four homes on that property currently paying property taxes, including the Woodbine mansion. They will no longer contribute to our tax rolls. The school is way outsized to our neighborhood, with a building with a 38-foot side facing Tigertail within about 15 feet of the street. This will reduce our property values. A large percentage of the students from outside the local area. There are already 13 private schools in Coconut Grove. More traffic, more gridlock, we do not need it. Please deny this project. Thank you. Fabian Garcia Diaz: Good morning. I'm Fabian Garcia Diaz. My house is located at 3121 Southwest 22nd Avenue. I live really next door to Villa Woodbine, and I've been residing in that location for the past seven years. When I was aware of this intent for Carrollton to build a new school in Villa Woodbine, I was really, really shocked. Since then, I start a grassroots organization, along with other neighbors in the area, and I want to let you know you probably saw our organization online. It's called Bayshoreandgrove.org. And right now, we have 1,366 members, and there are plenty of comments, about 350 comments. I please beg you to take a look of what the feeling, not of us, but the rest of the community. I would say the rest of Miami -- the City of Miami are about all the issues that we talking about. Today, we're going to be watching carefully this vote. I think it's a decision for the residents, a decision for the City, and we come with your support. Thank you, Commissioners. Isabel Meister: Good morning. My name is Isabel Meister. I reside at 1740 Espinosa Drive, along with my husband. In addition to the three concerns that I refer to as the 3 T's -- taxes, trees and traffic -- and some of the other concerns that my neighbors have already mentioned, including the appropriateness of the scale of this project, I wanted to talk about the idea that this is a project that will be benefiting only a few people, only a few; many of whom are not actually either Coconut Grove or City of Miami residents. At the cost of what could be potentially -- if we use our imagination and come together as a community, it could be a wonderful property and community-based center for -- that could be enjoyed by the community as a whole. Again, I don't like this idea. In addition to the concerns of the environment, traffic, I don't like this idea at all of selling off a piece of our neighborhood to an entity that does not belong to Coconut Grov,e that will benefit people that do not live in Coconut Grove for the most part. Thank you. Isaac Kodsi: Hello. My name is Isaac Kodsi. I reside at 2131 South Bayshore Drive. First of all, I am requesting intervenor status. I live one inch away from this property. I share 475 feet with this property. You know, the first thing I would like to request, obviously -- again, I did request intervenor status. Secondly, what I am requesting from the Commissioners is really to protect us as a community, and really represent us as citizens and residents of Miami. Perhaps the most important thing that I would like to bring up is that, again, over 20 years ago, Villa Woodbine received a Special Use Permit or conditions to proceed as a private club. But most importantly, what happened in the last 20 years is exactly nothing. Everything was preserved, as is, over 20 years ago. The trees have remained. The parking -- the land has remained open for rain purposes. All the environmental issues have not changed. There was no impact on the community in the last 20 or so years. The only thing that was allowed were private parties. So not only did it not change, it also benefitted the City of Miami and all its residents by the last 20 years; all the memories that people have had, having weddings there or parties or any personal events. Today what they're requesting -- and it was a trade. The City made a really simple trade. And the trade was, you know what? You preserve the historical property, you preserve the history of Miami, and we'll grant you private club permission to go ahead and City of Miami Page 15 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 have these parties, which will create some revenue to preserve and maintain the property. But nothing ever changed to the property. If you look at pictures over 20 years ago, it's the same thing that it looks today. However, today, they're asking you for a whole different kind of trade. And it really reminds me of an old saying, an old southern saying, and that is, "They're peeing on your shoe and they're telling you that it's raining." And that's the part that really bothers me. They want to come in here today and they want to go ahead and cover all of the ground, remove all the trees, and put up a humongous building which is not serving the community. I am the community. We are the community, and we are telling you this is no benefit for us, nothing, not for the City of Miami and for no residents. They will remove the property from the City of Miami. Mr. Hannon: My apologies, but your two minutes have expired, sir. Mr. Kodsi: Oh, thank you very much. Again, I do want intervenor status. Do not forget me. Lowell Kuvin: Yes, good morning. My name is Lowell Kuvin, 1861 Northwest South River Drive, as well as my office location is 17 East Flagler Street. I'm a long-time resident of Miami, Florida. I represent the intervenors. First off, I think that because Commissioner Carollo has recused himself from this, basically, the issue of intervenor status has been decided on that particular fort. If he has to recuse himself, then I believe since he lives within 500 feet of the property, I believe that people that live adjacent to the property should be granted intervenor status. Secondly, being a land use attorney, I think that it's very important to note that private property rights are very important. And I think that because of the -- first come to the situation, which is Villa Woodbine, Carrollton has purchased this property, knowing full well that the property has not been set up for a school, and asking for an exception while the people who bought their properties surrounding this particular park, this particular piece of property in Coconut Grove bought it with the notion that this is going to remain an open piece of property, or remain exactly what it was zoned for, which is single- family housing. So these particular ideas have been espoused since -- probably since the Magna Carta was signed in 1215, and have traveled through the decades, hundreds of years of property law. So Carrollton is coming to a piece of property that they know that they cannot build a school on without an exception, while all the property owners that surround it that live within 500 yards -- 500 feet -- bought their properties knowing that this was zoned for single- family housing. I think that's exactly how this Commission should rule today being that there's an overwhelming opposition to building a boys' school on this property. The last thing I would like to say is, it's a good idea. The project is a good idea; it's just the wrong location. There are many places in the City of Miami that would really benefit from having such a school put in that particular neighborhood, not only socially, but economically. Tell Carrollton, "Fine, you can build the school, but build it somewhere else," please. Thank you very much. Ms. Méndez: Mr. Kuvin? Mr. Kuvin: Yes, ma'am. Ms. Méndez: Please stick around for a second. Someone's going to give you the panelist Zoom link or send it to you. Just -- Mr. Kuvin: Okay, they can (INAUDIBLE) -- Ms. Méndez: -- stay there for -- Mr. Kuvin: -- that will probably be the most efficient. Ms. Méndez: Okay. Thank you. And you're with the other counsel? You're with the other counsel, as well, that spoke first, right? Mr. Kuvin: Correct, yes. City of Miami Page 16 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Ms. Méndez: Okay. Thank you so much. Mr. Kuvin: Thank you. Ms. Méndez: Thank you, Chairman. Bill Harvey: Ready to go? Hi. My name is Bill Harvey. I live at 3566 Rockerman Road, which is several hundred yards from the proposed site. I also own 3580 Rockerman Road. I've lived in this neighborhood for -- since 1991. This proposal is just -- it's the wrong place to put it. We've already got lots of schools in Coconut Grove. The majority of these people come into Coconut Grove. My kids went to Ransom, so I know how important it is, but this is just the wrong site and the wrong place. Traffic is already awful in this area. Adding another 1,200 or so drop-offs and pickups to the neighborhood is just -- it's an inappropriate thing to do. This site was not zoned for this. They're asking for an exception, and it's just the wrong place. They've got poor parking scenarios, poor traffic scenarios, awful environmental issues with cutting down the canopy that's already existing. Again, it's just the wrong site at the wrong place and the wrong time, and it doesn't belong here. Thank you very much. Senen Garcia: Good -- I guess it's good morning, right? Good morning. I'm here regarding the Army Corps of Engineers city wall matter that's going to be going before the Commission today. I would like the Commission to vote either against it or at least to delay it indefinitely. We still don't know the impact that the seawall is going to have on our environment, on our coral reef systeMs. There are multiple other ways that we can do this from an environmentally sound standpoint that does not affect our environment, does not affect what we can do to actually prevent sea rise. It is an issue. It is something that we need to consider. And there are multiple alternatives, and unfortunately, the US (United States) Corps -- Army Corps of Engineers have yet to actually take into consideration that can be done environmentally sound and that can still protect our coastal line. So if the Commission could please -- when this matter comes before them -- either vote against it or vote to delay it indefinitely until more studies and more research can be conducted. Thank you. Mr. Hannon: Sir, if I could just get your name for the record, sir? Mr. Garcia: Oh, my apologies. Senen Garcia, 3240 Mary Street. Mr. Hannon: Thank you. Rose Pujol: Good morning, Mr. Chairman, Commissioners. My name is Rose Pujol. I live at 2455 South Bayshore Drive. I've had that property since 1984. I'd like to mention a few things right from the beginning. I believe that each and every one of you has the best interest of the City of Miami. And so, I ask you to be courageous. Be courageous, because it takes courage to make a decision that may not please your lobbyists. Be courageous, because you -- every one of you -- I believe every one of you agrees that although the NCD (Neighborhood Conservation District)-3 may have many mistakes, the one thing that it has that all of us highly agree on is that it protects the historical character of Coconut Grove and the tree canopy. I urge the public that may be listening to get onto the City of Miami website, to look at Miami Forever Climate Ready, to look at who they acknowledge, to see that the City of Miami has worked with Dade County, the City of Boston; Miami Beach; that the City of Miami has spent tremendous resources in putting together that strategy, and that that strategy is exactly what you now have today at Villa Woodbine; that what you're talking about doing to Villa Woodbine -- and I am saying this to the public. I know the Commissioners know what the right call is, okay? I am saying to the City of Miami who's listening, look at Villa Woodbine. It has the tree canopy. It has the bluff. It has all the factors that we need for climate resilience. We have experts. We have an arborist. We have an environmental -- historical preservation architect that's an expert that's going to be speaking. We have -- you heard Rachel Cardello, okay? And we have a traffic study, which Carrollton has yet to produce. So I urge you, City of Miami Page 17 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioners, to be courageous. It's not easy to make this call. I would never run for public office, because you're on the hot seat every day of your lives. Thank you very much. Unidentified Speaker: Chair, good morning. As of right now, there's no one else left for public comment. Chair Hardemon: Thank you very much. Is there anyone on the telephone that's live that would like to speak for public comment? Unidentified Speaker: Yes, we have a caller. Phone Operator 3, you're live. Michael March: Yes, good morning. My name is Michael March. I'm calling from 3543 Plaza Street, in West Coconut Grove. I'm here to speak in favor of two agenda items today. First one is SR.3. That's Manolo Reyes' item regarding historical designations and homeowners' rights to appeal those designations. He's changing that appeal period from 15 days to 60 days. I'm very grateful for that as someone who has gone through that. Second item I'm in favor of is Resolution 19 that regards waving conflict of interest regarding the Miami 21 special -- the taskforce. I find the fact that David Winker is moaning about potential conflicts of interest from fellow attorneys to be very hypocritical. He's interfered with me as a homeowner in the West Grove on many instances regarding my historical designation, which I appealed, and also the NCDs, which he (INAUDIBLE) regulations on a historically black neighborhood and not the rest of Coconut Grove. So he needs to follow his own advice, and let the person who is without sin be the first one to cast a stone. Thank you. Mr. Otero: Phone Operator 1, you're live. Unidentified Speaker: Okay, sir, you're live with the Commission. Go ahead. Daniel H. Brown: Yes. My name is Daniel H. Brown. My address is 2 Grove Isle Drive, in Coconut Grove. I live on Grove Isle, which is located off of South Bayshore Road. At any given time, there are at least 500 residents on Grove Isle. The residents of Grove Isle have only two ways to go and return from Coconut Grove to shop, eat, and pray -- and Tigertail. Pre-COVID-19, from 2 p.m. until at least 7 p.m., there's gridlock on South Bayshore (INAUDIBLE). Tigertail is not much better. During the Ransom school year, there's a backup of students arriving in the morning by bus and caught leaving the same way onto Tigertail. Traffic is stopped by the police in either direction when this occurs. You can wait about 15 minutes to get around the stopped traffic. After being caught in this mess enough times, I avoid Tigertail like the plague from 8 a.m. to 9:15 a.m. in the morning and 2:45 to after 4:15 in the afternoon during the school year. Carrollton has applied for approval to build a school for -- in the beginning at least 500 boys "K" through 5. However, do not be fooled by this. In the future, the school could and probably will request to increase the grades to 12th grade, and in all probability, add girls. This could result in thousands of boys and girls going to school. Initially adding buses and cars to transport the 500 boys, the "K" to 5 on Tigertail would again dramatically add to the mess. Even if the hours of Carrollton school is earlier or later than Ransom, there will still be probleMs. Also, in the future, the school probably could be able to reconfigure the property to allow egress on -- ingress on Tigertail and egress on South Bayshore or vice-versa. The residents of Grove Isle have the most to lose of any residents in Coconut Grove based on our number and our problems of how to get into Coconut Grove. (INAUDIBLE) issue of Carrollton to build a school on the Villa Woodbine property. Mr. Otero: Okay, we're now going to go to recorded public comments. Chair Hardemon: Before we go to recorded public comments, I think we have one more person who just walked in to the lectern at City Hall. So I want to give them -- Unidentified Speaker: Okay. City of Miami Page 18 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Mike Segren: Hi. My name is Mike Segren. I live at the property -- our backyard is adjacent to the new proposed Carrollton property. I have a number of issues with this new property, my main one being safety. With the proximity to Mercy Hospital and emergency vehicles trying to get through the traffic at peak times is really going to be an issue. And my second problem is with the increased traffic. With crowd-sourcing apps directing vehicles through these residential areas it's going to take the traffic off of Bayshore and Tigertail and it's going to take it onto the secondary streets of Lincoln, Trapp. You already see cars speeding through there at obscene speeds. I think that's only going to get worse (INAUDIBLE) property. And then we're also already having issues with flood water -- not flood water, but runoff and I think that's only going to be exacerbated with this new property, and then as well as the trees. I think it's almost demeaning what they've come up with as a second proposal for the tree and the historic preservation; that it's just such a small change to the plans that it's really an embarrassment to the neighborhood if they think that that's something that we're going to find appealing, as opposed to the previous plan. Thank you for your time. Chair Hardemon: Thank you, sir. Mr. Segren: No problem. Chair Hardemon: And now we can move to the recorded statements. Patricia Weisen: Hi. My name is Patricia Weisen. I've lived in the Grove for 37 years. And for most of that time, I've been very concerned about development. A lot of times it didn't go well. And I understand the concern or reticence or trepidation with another project. But I wanted to say that for me, what's different -- what the difference is, is that Carrollton approaches any project that they do with the utmost care for the environment and for historic buildings. Also, they have an incredible understanding of the importance of the ridge. We live on a ridge in Coconut Grove, and I know that they would do whatever they can to take care to make sure that the bay view is not obstructed, the ridge of rocks are protected, the trees are planted that need to be planted, the invasive species are taken out. I think, after living here for so long, and passing Carrollton on my walks, and going by Woodbine on my bicycle rides, I think that I have a good sense of what would be appropriate, what would help our community. And one of my sons was very upset when he could not attend Carrollton, because it was an all- girls school. Now, we have this opportunity to not only raise young women to be compassionate and global citizens, but also to do the same for our sons of this community. So I stand behind this project and I hope you give it some serious thought. Thanks. Hank Sanchez Resnik: I'm Hank Sanchez Resnik, co-chair of Friends of the Commodore Trail. I live at 3259 Gifford Lane, in Coconut Grove. I'm speaking in support of Resolution RE.13, which would provide us over $1.7 million of Peoples Transportation Plan funding to improve and plan the Commodore Trail. The Commodore Trail has been on the County's planning books since 1969 -- that's more than 50 years -- but hardly anything has been done to really improve it. Many parts of it are dangerous and unsafe, yet it's one of the most popular trails in the County for cyclists, runners, and for pedestrians. The time has come to improve the trail now. We really hope you'll pass this resolution and make a commitment to improving the Commodore Trail in the City of Miami. Thank you very much. Melanie Torres: Hello. My name is Melanie Torres. I work in Coconut Grove, and I'm making this video to give my full support for the plan to establish the Woodbine School of the Sacred Heart on Bayshore Drive. An all-boys independent primary school will be very beneficial to our community as it will be an excellent educational option. As well, Carrollton School of the Sacred Heart has been committed for over 60 years to preserve both environmental and historic resources. For all these reasons, I think it will be an excellent addition to our community. Thank you. Marlene Erven: My name is Marlene Erven. I live at 3066 Washington Street, Miami, Florida 33133. I'm calling regarding the proposed Resolution 19, waiving conflicts of interest of members of the Miami 21 Report Ad Hoc Taskforce. To recommend a waiver and conflict of City of Miami Page 19 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 interest of the Miami 21 Report Ad Hoc Taskforce is unconscionable. It is equally unconscionable for our Commissioners to approve this resolution. I am urging our City of Miami Commissioners to please vote against this resolution. Do not set a precedent that will go down in our City's history as both an embarrassment, and an illegal one at that. Passing a resolution to override an ethics violation is a disgrace. Miami and its citizens deserve better. I would like to remind our City Attorney Victoria Méndez that she is bound to professional ethics. Where do those reflect in this resolution? Where are her ethics? What is really behind this? I encourage our Commissioners to not approve Resolution 19. Thank you. Debbie Dolson: My name is Debbie Dolson, 4205 Lennox Drive, Coconut Grove. I would like to comment on RE.19. Members of the Miami 21 Report Ad Hoc Taskforce will submit recommendations that affect the future character, canopy, and development of Miami. The Florida Commission on Ethics opinion has made it clear that at least two of the appointments to the Miami 21 Taskforce violate the Florida Code of Ethics. Rather than appointing two individuals with no conflicts of interest, the City Attorney recommends passing a resolution to override these conflicts. This solution is a maneuver that bypasses common sense and panders to developers. I do not support members with a conflict of interest sitting on this taskforce, and passing a resolution to override an ethics violation is a disgrace. Miami deserves better. Please vote "no" on RE.19. Thank you. Jeanette Gonzalez: Yes. My name is Jeanette Gonzalez. I'm at 2550 Tigertail Avenue. I am very, very concerned about this project. And I join my fellow neighbors in regards to the concern over the trees, the traffic, the noise, and quite frankly, the overbuilding in our beautiful Coconut Grove area. I've been living here for 20-some odd years and I cannot believe the changes in this area, and not all for good. I really would like to see that this project is shelved, and that's my message. So since I won't be able to make the meeting, I'd like to be able to have this message considered as a vote for "no". Thank you. Nadia Earl: Hi. My name is Nadia Earl. I live at 927 Northwest 10th Court, in Spring Garden. And I am saying "no" to the changes for Item Number 7 at the City Commission meeting; "no" to changes for changing a T6-8 to T6-80. This is absolutely going to be detrimental to our neighborhood. It's going to increase the amount of traffic, and it's going to increase the amount of congestion throughout the whole neighborhood in that area. Thank you. Ligia Crystal: My name is Ligia Crystal. I reside at 4160 Crawford Avenue, Miami, 33133. My phone number is 305-776-1868. And I am commenting on Agenda Items PZ.1 and 2, 6981, 6982, decision appeal. I feel very strongly that you, as elected officials, that it is your moral responsibility to listen to the people that elected you and to do what is right for our community and its residents. I am asking you to say "no." Please vote "no" to Carrollton School for Boys at Villa Woodbine. Villa Woodbine's historical parcel -- not just the structure -- must be protected. The canopy must be protected. Our streets need protection from the overwhelming amount of drivers that use our narrow, devoid of walkways, residential streets to avoid traffic congestion on US-1 and major highways without any regard for the safety of our children, our families, and our pets. They speed past our homes, run stop signs. They show no regard or respect for even our own ability to pull in or out of our own driveways. Please vote "no". Please don't allow Carrollton to build another school in our community. Please take the time to view pictures on Google Maps, if you haven't already. Main Highway through the years, in front of the existing school, is a -- you probably can get about a 20-year history of what the street looks like. And if you've ever driven down past Main Highway during school hours, why would you consider doing the same thing to Tigertail? It's already bad. Why make it worse? It is time to accept that enough is enough. Please vote "no." Thank you. Javier Abaloah: My name is Javier Abaloah. I'm a resident at Brickell Bay Drive. I respectfully ask the Commission to reject Resolution Number 19, Item 7654, appointing Ms. Tapanes and Mr. Fort-Brescia for the Miami 21 Taskforce. That clearly represents a conflict of interest. They are lobbyists who have been actively representing developers against the City of Miami Page 20 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 residents. It also represents a violation of the Florida Code of Ethics. The City Attorney should not override those objections. This, again, represents a violation of Code of Ethics, and that's against the best interest of the neighbors. Thank you, everybody. Bye. Priscilla Greenfield Manning: My name is Priscilla Greenfield Manning. I am a long-time resident at 901 Northwest North River Drive, in the Spring Garden Historic District. And I am referencing and commenting on Item Number 7, under Planning and Zoning. This is calling -- asking for a change of Miami 21 zoning, and I am totally against that. If anyone comes to our small neighborhood, we don't have an exit to the south to get out, because of the Miami River. To the west is the 12th Avenue bridge. That only leaves us 11th Street and Northwest 7th Avenue to exit our neighborhood. During regular non-pandemic times in the afternoon and morning, we literally take our lives into our hands now trying to get out of this neighborhood, because from the 12th Avenue Bridge traffic light all the way to Culmer Metrorail Station is one solid lane of traffic. You can't even get to Winn-Dixie without taking your life into your hand. On the 7th Avenue exit plan, the same conditions exist. There's a small bridge, there's a traffic light, and then the bridge. When that bridge goes up, the traffic backs up two miles. And even though there is a sign that says, "Do not block the bridge," I've seen it blocked by policemen, by buses, and cars. And you are -- if this goes through, we are going to have no way to get out of our neighborhood. You should leave Miami 21 alone. It was put there for a reason, and we are not going to be able to exist if you compound it with more traffic. And I'm not even counting yet about the development that's near the 17th Avenue Bridge that is not open yet. We need to have a way to get in and out of our neighborhood safely and this is just going to make it impossible. Thank you. Please vote against -- Beatrice Castillo: Hello. My name is Beatrice Castillo, and I just retired this past June from teaching 30 years at Carrollton. I think my personal record speaks for itself. I believe with all my heart in the goals and criteria which define a Sacred Heart education. Why should boys not be privy to the same opportunity as our girl students? I support with all my heart the Villa Woodbine Project. And I pray that the Commission realizes all the pluses that this would bring to our local community. Thank you so much. Brad Poore: Hello. My name is Brad Poore. My address is 4415 Southwest 16th Street, Miami, Florida 33134. I am making this video to express my support for the Woodbine Project. I think it's a great project. One of the reasons I think that is that single-sex schools have been proven to produce great results. And another reason is that education itself is a benefit for everyone; not only the students who attend a particular school, but there's an overflow into all of society. So I think this Woodbine School will be also a benefit for the City of Miami and something worth the time and energy and planning that, of course, is required for such a project. But I think when you think about that it's for education and for a really good school that's going to benefit again not only the students and the families that invest in the school directly, but it's going to benefit a lot of other people in the City of Miami. Thank you. Elizabeth Newell: Hello. My name is Elizabeth Newell, and I am a Coconut Grove resident. And I am in support of Woodbine School of the Sacred Heart. I'm a neighbor of Carrollton's. My children actually go to Carrollton and we love the school. We support them fully. They're wonderful neighbors. They're beautiful stewards of the property. It is one of the most beautiful properties in Miami. And we would love to see a property for -- a school for boys in Coconut Grove, as well. I have a son who is six months old, and we would love for him to grow up with the Sacred Heart tradition in our neighborhood, as well. Please pass Woodbine School of the Sacred Heart for Boys. Enrique Lopez: My name is Enrique Lopez. I'm calling to urge you to vote in favor of Items PZ.4 and 5. I own the properties at 1210, 1222, 1234 and 1250 Northwest 7th Avenue, which are directly abutting the subject property across Northwest 7th Avenue. I fully support the proposed comprehensive plan amendment and the rezoning from industrial to T6-12-O. The proposed change is what our neighborhood needs, especially for such a significant property on City of Miami Page 21 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 the principal thoroughfare. It is the logical place to put residential and commercial mixed uses which can serve both the nearby hospital district and the urban central business district. Residential use will also encourage the increased ridership of the Metrorail, which is easily accessed from Culmer Station. As the immediate neighbor, I strongly support these applications, and I ask you to do, as well. I also support Item PZ.7, in support of my neighbors to the west of my properties going from T6-8-L to T6-8-O. Thank you. Berta Montalvo: Hello. My name is Dr. Berta Montalvo. I live at 1740 South Bayshore Drive, in Coconut Grove. I'm calling regarding the Carrollton Woodbine proposed school at Villa Woodbine. I would really like to record my strong opposition to the project, which will severely decrease the canopy over that property, which I think is a crime, because it's a beautiful canopy. And in addition to that, to have another school adjacent to Ransom Everglades will significantly increase the traffic on South Bayshore Drive, which is already excessive, and it will decrease the quality of life of the neighbors who live adjacent to that area. So as I am one of those neighbors, I would like you to consider my strong opposition to this school, which will not benefit Coconut Grove. Thank you so much for your attention. Alexandria Pantera: This is Alexandria Pantera of 1740 South Bayshore Drive. And I'm calling about the proposed Carrollton Woodbine school, of which I am totally and completely opposed to. I think that you're going to be murdering trees, and I don't think that's an appropriate thing to do. Do not murder trees and do not add to the congestion of traffic. Ms. Montalvo: You're ruining -- that would ruin Coco -- Ms. Pantera: That would ruin Coconut Grove. Robert Powers: My name is Bob, Robert Powers. I live at 565 Northeast 66th Street, in Miami, Florida 33138. I'm calling on behalf of PZ.1, 6981; PZ.2, 6982, the Villa Woodbine School. I'm not in favor of that school going at that location only because we deal with it up here in the Upper East Side, where they put an over-scaled project into an underserved area. In other words, they don't have enough street or road there to accommodate the traffic that's going to occur from this project; that's number one. Number two, what they're going to do to that property is nothing less than criminal, to build that massive building and destroy the tree canopy, and everything else that is there. And number three, why would you want a school next to a variety of single-family homes? I just don't understand that. It doesn't really matter what the underlying land use is. It just doesn't make sense. And in this case, you need to follow the sense; not the money, but the sense. And it just makes no sense. I would vote "no" on this. And I will also be supporting them if they have to bring a lawsuit against the City. So I'm going to be putting my money where my mouth is. Have a pleasant day, gentlemen, and vote accordingly. Charles Greenfield: Charles Greenfield, 901 Northwest North River Drive, Spring Garden Historic District. Item Number 7, Planning and Zoning. I've been a homeowner and my family has been in Spring Garden for decades; in fact, going back to the 1930s. Spring Garden, as you probably know, is a unique neighborhood in downtown Miami, with a gorgeous canopy on the river, and with the canal on the other side of the neighborhood. It's a precious ecosystem in that respect. And it also is a group of homeowners that are very proud of the way they have maintained their homes in different designs and different styles over the years. The development that's taking place now in Miami is a major threat to the Spring Garden ecosystem, especially the Item Number 7, in which very large buildings are being planned next to the Metrorail at the Culmer Station. If there is development, it has to take into consideration the low-scale quality of our neighborhood in Spring Garden, single-family homes, and the fact that any development that takes place should be done in such a way that it concentrates towards the north the actual height, the larger heights of the building, and those parts of the zone that are close to Spring Garden or abut Spring Garden should be a much lower size compared to the larger buildings that are already there in that zone. Thank you for your -- City of Miami Page 22 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Laurie Weiss Nuell: Hello. My name is Laurie Weiss Nuell. I live at 6201 Riviera Drive, Coral Gables, Florida 33146. I am here in support of the Villa Woodbine Project. I have been involved with Carrollton my entire life as a student, a parent, a grandparent, a trustee, and I have been the board chair before, so I am intimately familiar with Carrollton and the ability and care, love and concern we give to the environment, and the restoration of historical property. We painstakingly restored El Jardin at our own expense, using experts from around the country. Our properties are beautiful. The buildings are very well thought out and designed. And the landscaping is beautiful, as well. I have no reason to think that Villa Woodbine would be any different. It will be an asset; it will be beautiful. And I know that we are very good neighbors, and we want to be. We invite people on our campus. We hold the Honey Shine Organization program during the year and in the summer, as well as Breakthrough at our campus during the year and in the summer. And we have invited many people to enjoy our beautiful property, as well. I think having Sacred Heart education for young boys would be an asset to this community, to the City of Miami. And I strongly, strongly support the Woodbine project. It's very exciting. And I think everyone would be very happy to have Carrollton as their neighbor. And the buildings and the site plan will be beautified, and I ask for your support. Please vote "yes." Thank you. Debbie Rollheiser: Hello. My name is Debbie Rollheiser and I work at Carrollton School of the Sacred Heart. I have had the pleasure of being the assistant to three different heads of school over my 22 years employed here. Prior to being hired in January of 1998, I knew very little of this gem in Coconut Grove. I can only say that it was the Holy Spirit which inspired me to respond to a newspaper ad by Carrollton. On my first interview, the beauty of the grounds and the kindness of the staff I met further increased my desire to want to be a part of this community. Upon hire and learning of the school's mission through their goals and criteria, I knew I had made the right choice. Back in 1998, the school grounds looked much different than what you see today. Since then, I have had the opportunity to witness firsthand the care, concern, value and respect each of our school heads over the years have had for preserving the grounds, maintaining the integrity of our historical buildings, being a respectful neighbor and making a positive impact as part of the community in Coconut Grove and Miami- Dade County while providing an excellent, well-rounded education to countless young women. I can honestly tell you that there is not a single decision made at Carrollton without weighing the impact their decision will make on everything I just mentioned, and more. Allowing Carrollton the opportunity to provide this same foundation to young boys at Woodbine is a benefit that will sow many seeds well into the future of this community, as well as create more jobs giving others, like myself, the wonderful experience of working for this amazing network of Sacred Heart educators. If given the chance to work together on this project, I'm positive you will see that while some of the concerns expressed by others may be legitimate, they will not be realized. I sincerely hope you join me in my wholehearted support for Woodbine. Thank you so much. Wendy Stephan: Hello. My name is Wendy Stephan. I live at 101 Northeast 43rd Street, Miami, Florida. I'm leaving my message about the Miami 21 Revision Taskforce. I feel that it's inappropriate for people with financial interest, particularly big development interests, to be stacked on that taskforce considering that the City spends a lot of money and time getting public comment for the initial development of Miami 21. As an active participant in that process, we brought a lot of really good information to bear that helps improve the quality of life of people who live in Miami, where, frankly, developers do not have to consider the quality of life for your average resident and in fact are required really and obligated to look out for the financial interests of their companies. It's the City's responsibility to balance that with the concerns of everyday residents. I would ask that you reconsider and do the ethical thing by making sure that that taskforce represents citizens and residents, rather than financial interests. Thank you. Marcelo Fernandez: This is Marcelo Fernandez; address, 3936 Main Highway, Coconut Grove, regarding the Miami 21 Taskforce. It should definitely be reconstituted with community members. Absolutely no way should any attorney, architect, lobbyist be part of the City of Miami Page 23 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 taskforce to benefit any of their professional or business endeavors. This is exactly what the City needs to stay away from. Why put yourself in this position? The taskforce can be easily created by people that don't have any common interest on the results of where this money goes and which items get built. Please do not allow this to go through and waive these conflicts and reconstitute the Commission -- the taskforce. Thank you. Anthony Parrish, Jr.: This is Anthony R. Parrish, Jr., 3678 Grand Avenue, in Coconut Grove, regarding PZ.1 and PZ.2. Commissioners, I was going to say looking at today's agenda that I don't envy you, but in fact, I do. I do envy you. You have not one, but three great opportunities to do the right thing for the citizens of Miami that you represent. First, support the Historic and Environmental Preservation Board's "no" vote on the conversion of historic Villa Woodbine into a large, new, private school. While Carrollton School is a respected member of our community, it is wrong to force such a major, unwanted intrusion into an established neighborhood that cherishes its trees, history, scenic bluffs, and just being left in peace and quiet. The vast majority of neighbors have asked you to support them and say, "no" on converting historic Villa Woodbine into a large, private school. Second, vote "no" as to any legal settlement of Day Avenue's blatantly illegal construction. That eyesore must be demolished, not papered over. Third, do not waive the conflict of interest presented by at least two of your employees to the Miami 21 Taskforce Review Committee. While their undoubted expertise would give you cover, the fact that they require this waiver is proof of what everyone and you know already. Their participation will harm the public's trust and the work of this taskforce. These appointees would not be human if they were not biased, consciously or unconsciously, in favor of those who pay them to lobby for development projects that impact all of our and your neighborhoods. Thank you for listening. Adriana Salazar: Hello. My name is Adriana Salazar. I'm a resident in Spring Garden; address, 955 Northwest 10th Avenue, 33136 zip code. I'm calling to leave a comment for the meeting on July 23 in terms of rezoning. Specifically, I'm referring to Agenda Number 6, amending Ordinance 13114 and amendment on Ordinance 13114, change of zoning T6-8-L to T6-8-O. I live in a historic district and I think this change will significantly impact traffic in our neighborhood and through some way threaten the historic ordinances in our area. So, therefore, I strongly, strongly oppose any changes to this Code. Thank you. Tom Jones: Hi. Tom Jones; address, 2120 South Bayshore Drive. I absolutely oppose the school there where the Woodbine estate was. Just the traffic will be horrendous. People parked on the shoulder of the road on both sides of South Bayshore, in Kennedy Park. Anybody trying to leave their house or driveway or even the park is going to have to pull out into Bayshore Drive to try to look around the cars, and probably get in an accident. The same happens there on Tiffany Street where the school is. When you can get down that road, which is rare, you have to pull so far out onto Tigertail that you're hanging out in the road before you have any visibility. And I've almost gotten in an accident on two different occasions. I mean, this is just ludicrous. And the situation isn't going to change. How many times can the school's lawyers appeal this? Isn't there a limit? I mean, sooner or later, they're going to wear you down. But, you know, it's just a bad idea. I don't like it. I don't want it. And you know, Christ, it just -- you know, this is just going on way too long and wasting taxpayer money, all these ridiculous appeals. Nothing's going to change. People are going to use cars and people are going to drop their kids off and pick them up, and people are going to impair traffic. That is going to not change unless somebody figures another way of -- a different mode of transportation. Thank you. Eileen Broton: My name is Eileen Broton, B-R-O-T-O-N. I reside at 951 North (INAUDIBLE) Court, Miami 33136, in the historic Spring Garden neighborhood, calling in reference to Agenda Items 6 and 7, to which I am opposed. And I do believe that if you continue to give support for 6, you continue to send a message that bonuses are okay, and it just sets precedence for everyone else to buy up more land and do things that were clearly not in the plan. More specifically for 7, the "no parking" is -- becomes a major issue for us. We know that in my area, even the other buildings that have guest parking, all charge for their guest City of Miami Page 24 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 parking. Therefore, the apartments have people who are their guests parking all over our neighborhoods rather than pay the fees associated with parking in garages. Thank you for listening. Carolina Rodriguez Azqueta: Hi. My name is Carolina Rodriguez Azqueta. I live 8130 Erwin Road, Miami, Florida. Dear Commissioners, my name is Carolina Rodriguez Azqueta, and I am an alumni, as well as a current parent of Carrollton School of the Sacred Heart. I am filming this video and sending it to you in order to show my support for the establishment of the Woodbine School of the Sacred Heart on Bayshore Drive. As voting quickly approaches on July 23, I urge you to approve the use of the Villa Woodbine property for a school that has a limited cap number of young students and will keep the historic property together without the threat of subdivision and further development. There are numerous benefits to supporting this project; one being the preservation of the historical location conducted by an experienced team. The natural beauty will remain and the landscaping and the canopy will be a point of pride. Unlike all the other major cities in the country, Miami does not have an all-boys, independent primary school and this will fill an important void and contribute to Miami's excellent educational opportunities. Carrollton School of the Sacred Heart commitment to the stewardship of resources, both the environment and historic, has been evident in Miami for over 60 years. As an extension of the Sacred Heart network, Woodbine School would be an asset to community. I urge you to join me in supporting this project by voting "yes." Thank you. Jason Johnson: Hello and good day. My name is Jason Johnson. I am a father of a current student at Carrollton, and a proud resident of Miami-Dade for over 15 years. I wish to express my support and wish that you extend your support to the Woodbine School as I believe it is a tremendous additional asset to the community of Coconut Grove. As both a civil engineer and as someone who has appreciated the unique environmental dynamics of the community of Coconut Grove, I think the addition of this school has the capability to preserve the environmental uniqueness of the community, preserve the concerns, and address adequately the concerns associated with transportation impacts to the community, while also in heightening the reputation as a center of academic excellence within the City of Miami and broadly throughout the entire State of Florida. So I wish to extend these words to you in your deliberations, and wish that you provide the support necessary to advance the consideration of the Woodbine School. Thank you. Dana: Hi. My name is Dana. I live at 145 Southwest 13th Street, in Miami, Florida 33130. And I am leaving a public comment in support of Agenda Item RE.18, a resolution to allocate funds for the City's contribution to a downtown protected bike network. I'm very much in support of this item. I'm very much in support of the protected bicycle network. We really desperately need protected bicycle facilities and protected -- just mobility facilities in the City of Miami. And this network is a very crucial part of establishing a citywide network of protected mobility lanes. Thank you very much. Adrienne Peters: Hello. My name is Adrienne Peters, 3803 Irvington Avenue, Coconut Grove, Florida 33133. I'm calling regarding the Carrollton School at Villa Woodbine. I am totally against the expansion of the private schools in Coconut Grove, and I'm against Carrollton's plan to expand. As we already have terrible traffic when we have school, and we don't need any more schools, any more school traffic in our little area of Coconut Grove. It's really not fair to the people who live here to have all these very wealthy people, you know, bringing their kids over here and the pickups and the drop-offs making it impossible for us to leave our homes in the morning and in the afternoon. So I totally vote against -- or I want my Commissioner to vote against this expansion at this hearing today, July 23. Okay, thank you very much. Oh, my number is 305-458-7555, if you need to speak with me. Thank you. Amal Kabbani: Amal Solh Kabbani, President, Downtown Neighbors Alliance; resident, 50 Biscayne; speaking on RE.16, Army Corps Miami-Dade Back Bay Coastal Storm Initiative. I'm hereby listing the DNA (Downtown Neighbors Alliance) members for the record: Epic, City of Miami Page 25 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 River Front Master, Central, Paramount, Museum Park, 50 Biscayne, 900 Biscayne, Flagler First, The Loft, Marina Blue, Marquis, Met 1, One Miami, Vizcayne. I would like to reemphasize the public comment I made on the last Commission meeting to ensure that the City makes every effort to not only convey the importance of the environmental concerns with a concrete wall and its aesthetics and accessibility to our bay and our parks, but have a seat on the table and demands to be a decision-maker throughout the process of the coastal initiative of analyses, and keep the public informed, as this has a direct impact on our real estate values and subsequently on the City taxes collection. Thank you. Jill Kaplan: My name is Jill Kaplan. I'm a Grove resident. I reside at 3275 McDonald Street, in Coconut Grove. I was trying to leave a comment virtually. It wasn't working, but I wanted to make sure that (INAUDIBLE) completely am opposed to building another school in Coconut Grove. We already have public schools. We have already several private schools. There's no need to destroy a beautiful piece of property and to inconvenience all of the Grove residents, to tie up traffic, to subject us to that noise only so that Carrollton can grab money in competition with the other public schools here. If they wanted to do something nice, they could make it a public school. We have problems in our public school. But absolutely (INAUDIBLE) for another private school in Miami, let alone in Coconut Grove on a very treasured and cherished and beautiful piece of (INAUDIBLE) property. And I will vote this down every chance I have. Thank you. John Snyder: Dr. John Snyder, 3980 Hardie Avenue. I've been a resident of Coconut Grove since 1985. During that time, there have been many changes in the neighborhood, some positive, some not. Change is inevitable. I'm speaking in regards (INAUDIBLE) 1 and PZ.2 on today's agenda, conversion of Villa Woodbine into a school for boys. I am opposed to granting the appeal. At its most fundamental level, there's a major zoning issue which should prohibit this project. The project would allow a commercial activity to be placed in the midst of a single-family-zoned area, which is on a historically and environmentally important corridor and site. The private school is a commercial enterprise, a prohibited use in a single- family neighborhood. I say it is a commercial use as it would generate annually approximately $10 million in tuition revenue. The gross margin of the operation after faculty's salary, benefits and operating costs would likely exceed $5 million. At the same time, it would remove this property from the tax rolls. The project would adversely affect the quality of life for those residents and property owners in the vicinity. They purchased their property and decided to live in this area partly because it was zoned the way it is and had every reason to expect zoning only to be changed very gradually, as specified in Miami 21. The City should not default on this commitment as it would adversely affect property values throughout the City. People and businesses do not want to locate to a corrupt jurisdiction. The adverse effects on traffic, environment, property values and quality of life for residents demand the denial of these appeals. Thank you. Frances Sacasa: Hello, City officials and thank you very much for the opportunity to address you on behalf of Carrollton School of the Sacred Heart for the Woodbine project. My name is Francis Sevilla Sacasa. I'm a native of Miami. I was born in 1956, and I have seen Miami flourish and grow, and become the exciting city it is today. Two of our children, our two daughters, attended Carrollton School of the Sacred Heart. They are alumnae who have been very successful and doing great things for others and for society. We strongly support the Woodbine project. We would have loved for our older son to have had the opportunity of attending a school like Woodbine with the goals and criteria of the Sacred Heart embedded in everything that the children learn and do. As you all probably know, Carrollton has done a great job of preserving the properties, the buildings that they have, of preserving all the historic attributes of those buildings and probably is -- the Carrollton property today is probably one of the most beautiful properties in Coconut Grove. So not only do I feel comfortable that Carrollton will be able to do the same for the Woodbine Project. And this hearing is all about, you know, historic, environmental and preservation. And I have no doubt that Carrollton is the best suited out there to do that. I have also witnessed Coconut Grove grow. My office is in Coconut Grove. We own property in Coconut Grove. We love Coconut City of Miami Page 26 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Grove. And I know that there's been a lot of construction in the Grove, not always in keeping with the historical preservation attributes. But I'm confident that the Woodbine property will be enhanced by Carrollton. Thank you very much for your support and please vote "yes." Thank you. Father Willie Garcia-Tunon: My name is Father Willie Garcia-Tunon and I am the President of Belen Jesuit Preparatory School. I would like to take this opportunity to express my support for the initiatives of Carrollton School of the Sacred Heart to turn Woodbine into an all-boy elementary school. Now more than ever our local community and nation is in need of education, and we are called to fully support this initiative. For many years, Carrollton has been dedicated to the education of girls, forming them into the professional and compassionate women that have helped lead our world in so many different fields. Working at Belen, an all- boy environment, it is clear to me that any contribution that can be made to do the same for our young men is equally important. For centuries, the religious and academic formation provided by the Sacred Heart schools around the globe have been key in helping progress the welfare of our societies. Belen Jesuit fully supports this initiative and looks forward to partner with Carrollton in order to keep the education of Catholic Christian values an integral part of South Florida. I encourage the members of the council to vote in favor of education and in favor of the young men and their families who can benefit from this initiative. Thank you. Nathan Kurland: Nathan Kurland, 3132 Day Avenue. Commissioners, my wife told me I have no sense of direction, so I packed up my things and right direction and doing the right thing is what I wish to speak to you about today. Number one, 3074 Day Avenue, a six-inch setback is dangerous, against the law, and sends a horrible message to developers. Come to Miami and build what you want. We do not enforce our own laws. Commissioners, do the right thing, the only thing, reject the settlement and remove the offending structure. PZ.1 and 2, the Carrollton school. Week after week, the community has fic, safety, resiliency, flooding, canopy removal, tax free status. The list is endless. This discussion should be about designating this property as an Environmental Protection District, not another massive, overbuilt structure. Do the right thing. Go in the right direction. Reject the appeal. And finally, RE.19, number three. There should be absolutely no waiver of any kind applied to the Miami 21 Task Force. Lobbyists represents special interests, not the residents of Miami. The present makeup of the task force is at best an ethically challenged Thank you. Grace Solares: Grace Solares, Miami Neighborhoods United, calling on RE.19. MNU (Miami Neighborhoods United) opposes the waiving of conflict of the attorney and architect that have been appointed to the Miami 21 Taskforce. Furthermore, you're not able to vote on the waivers today, because those members have not filed Form 4A, as required, pursuant to the opinion rendered by the Commission of Ethics, and pursuant to the memorandum of your City Attorney Vicky Méndez to each of you, wherein she specifically tells you that you may grant the waiver, quote, "provided that taskforce members comply with disclosure requirements," close quotes, which they have not as of yet. I specifically requested a copy of those forms from your City Attorney yesterday, and she responded that they had not been filed. Therefore, this matter must be deferred, because you do not have the necessary documents to be able to waive the conflicts. Next is the AC-1. MNU opposes any settlement between the City and the owners of 3384 Day Avenue. We request that this structure be ordered demolished pursuant to the findings of Pinecrest Lakes versus Shidel. And PZ.1 and 2, MNU respectfully requests this Commission rejects the appeal filed by Carrollton School with respect to the property located at 2167 South Bayshore Drive. Thank you so much. Claudia Anderson: Hello. My name is Claudia Anderson. I live at 50 Southwest 10th Street, Miami, Florida 33130. And I'm calling to voice my support for Item Number 18 on the City Commission meeting agenda for the downtown bike network. I think that not only is this super imperative for our citizens, you know, future visitors to the area to have a dedicated protected space for cycling -- that's the keyword I think is the protected space -- because myself -- I City of Miami Page 27 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 normally -- I don't have a car and I normally don't feel very safe on bike, because, as we all know, motorists in the city are not the most respectful to cyclists, so having this infrastructure that accommodates both bicycles and scooters is super imperative for mobility access, and also to reach more jobs in the downtown and financial district. So I thank the Commissioners for hearing my comment today and I urge you all to pass this forward to have our first downtown bike network. Thank you very much. Barry Burak: Hi. My name is Dr. Barry Burak. I live at the corner of Kirk and South Bayshore; 22nd goes into Kirk. My address is 2195 South Bayshore. I've been living there 20 years, and the traffic has gotten so bad. Well, now with the Villa Woodbine being converted to another school, it will destroy the traffic pattern, and it will be impossible for us to go anything and to do anything. The traffic is bad now because we have Ransom getting out and other schools within miles of a radius. But it is imperative we -- Down the street, we've got the catholic schools by Mercy. So there's enough room for private schools in our area, but we cannot afford to have any more traffic. The morning gets horrendous; the afternoon is even worse, because that's when people are getting out, too. But between the both of them, we must restrain them from opening a school at that location. Thank you for your help and your consideration. This is concerning the Villa Woodbine, and I appreciate your help. Thank you and bye now. Jean Anne Davis: This is Jean Anne Davis. I live at 3013 Kirk Street. I've been a resident of the City of Miami since 1954. I am speaking in opposition to the school that is proposed at the site of Villa Woodbine. This will only decrease our tree canopy, increase our traffic, lower our property values, and severely distress our current quality of life. I see no reason and I've heard no reason why this school needs to be built in this location as the owners of the property, the Covenant of the Sacred Heart, knew well before they purchased and before they closed. So thank you for hearing my opinion. Please consider it, and remember that I'm a very active voter. Thank you. Bye. Lourdes Wood: My name is Lourdes Wood and I have the honor to serve as junior high school head at Carrollton School of the Sacred Heart for the past 16 years. I've been at Carrollton for a total of 28, and there's nothing more gratifying than to see our alumnae, our girls come back as women of the Sacred Heart and giving back to the community and the professionals that they have become. Saint Madeleine Sophie once said -- our founders -- for the sake of one child, I would have started this society. Well, that one child so far has been the girls. Now we'd like to extend that same Sacred Heart opportunity to the boys. Please help us in support of Woodbine so that we can also provide that Sacred Heart education to the young men of South Florida. Thank you so much for your consideration. Mary Rogers: Good afternoon, City of Miami Commissioners. My name is Mary Rogers. I'm the Vice President and General Manager here at the Fontainebleau in Miami Beach. I am also the very proud parent of two young daughters that currently attend the Carrollton School of the Sacred Heart. My husband and I and our family enjoy the Coconut Grove community very much and spend many long days in the beautiful parks, and dining in the restaurants. The reason for my video message today is to voice my support for the Woodbine School of the Sacred Heart, all boys school, proposed to be built on the Villa Woodbine estate on Bayshore Drive. I truly believe that this school will be an amazing asset to the community. And I know, based on my experience at Carrollton, that the Woodbine School of the Sacred Heart will be amazing stewards, not only of the history of Villa Woodbine but also all the environmental components of the estate. The school -- the all-boys school in Coconut Grove will be an amazing addition to the community. They will establish fundamentals for these young men to go on to make a big difference in the world. I urge you Commissioners to please vote "yes," and give your support to this amazing school that will truly make a difference for our community. I know that this will be an amazing, amazing addition to our community, and will give the families of Coconut Grove a much closer option for an all-boys education. Please support us and please vote "yes." Thank you, Commissioners, for your time and thank you for your service to our community. City of Miami Page 28 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Steve Mason: My name is Steve Mason. I live at 3626 Bayview Road, in Coconut Grove. I'm speaking to Resolution 19, Item 764, which is regarding waiving of the conflict of interest for the members of the Miami 21 Ad Hoc Taskforce. As a resident of Coconut Grove who has been before the Commission on matters related to Miami 21, I have had a front row seat to how badly the cards are stacked against the normal resident. One of the primary goals of Miami 21 is to preserve neighborhoods. I can tell you that going through the process, that from the perspective of the homeowner, I felt like it did nothing of the sort. I didn't think that when I first read Miami 21. Naively, I thought the clear language and intent mattered. Then I went through the actual process and witnessed first-hand why the system that has evolved and is controlled by developers is so obscenely stacked against the average resident. When I saw the nominees to the taskforce, I almost fell out of my chair. The inclusion of certain members and the outright stacking of the deck of developer interest over homeowners couldn't be more concerning. Where is the homeowner representative that is actually not conflicted in some manner? There isn't one, not one homeowner that doesn't have some formal business interest directly related to Miami 21. Worse, instead of filling the two slots for land use attorneys, it is being proposed to put one of the most prominent and controversial land use attorneys as an elector. Actions like these are why Commissioners are criticized for being cozy with developers and don't care about residents. It is beyond blatant. It is offensive and it completely undermines the credibility of this taskforce. I urge you not to waive the conflict of interest for the proposed members. Please do the right and credible thing by proposing for the elector members actual homeowner representatives that are not inherently and irreparably conflicted. Let's not kill the credibility of this task force before -- Judith Kramer: This is Judy Kramer calling; 2669 South Bayshore Drive, number 401 North; telephone number, 305-297-0872. I wish to express my feelings and my thoughts on the school on Villa Woodbine. We do not approve of adding more traffic unnecessarily to the Grove or an additional school on property that is residential. We also do not support the removal of all of the native trees. Thank you. María Cristina Chicuén: Good morning, Commissioners, City Manager Noriega, and Mayor Suarez. My name is María Cristina Chicuén, and I'm the Public Affairs Manager with Transit Alliance Miami, at 169 East Flagler Street, Miami, Florida 33131. I'm calling to support Item RE.18 regarding the JPA (Joint Participation Agreement) for the downtown bike network. Thank you, Commissioner Reyes and Commissioner Russell for your leadership on this critical mobility initiative. We appreciate how invested your offices have been in pushing forward the downtown bike network. Additionally, we are grateful for the DDA (Downtown Development Authority) Board for passing a resolution in support of this item last week. Miami's urban core is in desperate need of a protected bicycle network. And this would be the first of its kind in downtown Miami since the adoption of the Miami Bicycle Master Plan over a decade ago. There is no better time to demonstrate to residents how this Commission and Administration prioritizes mobility than by moving this item along. The benefits this protected mobility network will bring to our urban core are clear. From a jobs perspective, reports have shown that cyclists are able to reach 75 percent more jobs on safe, dedicated bike facilities in cities with protected cycling infrastructure. We need the downtown bike network to lay the foundation for an integrated protected urban core mobility network so that Miami can join other global cities in reaping this economic reward. From a safety perspective, this network is crucial. Cyclists and those riding scooters need protected facilities so that mobility devices can occupy the street without being subjugated to the sidewalk. We fully encourage this Commission and the City Manager to support this item and move quickly to build these protected facilities. Thank you so much for your time. Have a good day. Lanier Brannon: Yes. I'm calling about Carrollton's proposed Woodbine school. My name is Lanier Brannon. I have lived in Coconut Grove for over 30 years. My husband and I, our children, all went to school in Coconut Grove. I live at 3 Grove Isle Drive, 33133. And we are vehemently opposed to more congestion in the Grove and on Bayshore and Tigertail, which this school would surely bring. We pay an enormous amount of tax for our home in the Grove, and yes, because we enjoy the lifestyle of the Grove, we have continued to live here, just buying City of Miami Page 29 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 a new home in the Grove two years ago. We will not continue to live in the City of Miami if the congestion in the Grove continues at the rate or even accelerates, which this school would certainly do. Thank you. Joyce Nelson: This is Joyce Nelson, 2535 Inagua Avenue. I'm calling on Resolution 19. Please reject this, waiving conflicts of interest on the Miami 21 Taskforce. The individuals with conflicts of interest should not be voting on the state of Miami 21. The Miami 21 Taskforce should represent the tax-paying residents of the City of Miami and not developers and special interests. Stop wasting our time and tax revenues trying to skirt the law by violating the Florida Code of Ethics. Focus on representing us, the tax-paying residents who elected you by rejecting Resolution 19. Thank you. Izabel E. T. De Vasconcelos Souza: Hi. My name is Isabel (INAUDIBLE) De Vasconcelos Souza. I live here in Coconut Grove, on 28 -- 2928A Louise Street, 33133. I'm calling for you to support Resolution 13. The Commodore Trail is a very important trail here in the area and will benefit all residents and value the community. I actually had a bike accident, because of lack of biking trails. So I particularly would benefit, and others who may have had accidents, as well. So please support Resolution 13 on tomorrow's agenda. Thank you. Bye-bye. Pauline Stanham: Hello, everyone. I'm calling -- I'm in the Class of 2023. Unidentified Speaker: And I'm (INAUDIBLE), Class of 2021, and we're part of Carrollton's upper school congress. And today we're going to be talking about the Woodbine School for Boys and why we think that it's a good idea. So first of all, after discussing, we thought that it would be a good idea because, like for us, we're put in an environment separate from the outside world where we can grow and learn, and become active individuals in our society. So just like it does from a young age at Carrollton, it could do the same with the Woodbine School for Boys. Ms. Stanham: Exactly. And we want to have an environment where boys can instill their brotherhood from an early age and flourish in a comfortable community. Unidentified Speaker: And values from the Sacred Heart, like service and personal freedom, which is something that we've -- as young girls we've learned can make us better individuals in our society, and they could do the same for boys in the Woodbine School. Ebony Rhodes: Good evening. My name is Ebony Rhodes, and I'm a resident of Coconut Grove in the Village West. And I am happy to send this video of support for Carrollton School of the Sacred Heart, where I actually -- where I also work as the Director of Social Awareness and Community Relations. As an owner of an historic home in the Grove, I value the way that spaces are used and the culture and history in our community. And I can advocate for the great stewards that Carrollton School of the Sacred Heart have been to the historic property on the Barat campus, El Jardin, and the way that we have opened -- not the history -- not only to our own students and parents, but also to the community and to the public, and shared that rich history with others. It is from this experience that helped me value and understand the value of historic designation with my own property. And therefore, I believe and know that Carrollton School of the Sacred Heart is absolutely qualified to do the same with the Woodbine property. In addition, I know that Sacred Heart education has served to help our community and continues to, and I'm proud to be a part of that work. Thank you. Ms. Nelson: This is Joyce Nelson, 2535 Inagua Avenue. I'm calling about RE.13, the Commodore Trail. This item authorizes the City Manager to enter into an agreement with the County to accept $1.778 million for the development of a master plan and construction of the portion of the Commodore Trail within the City limits. Passing this resolution will help to create much needed improvements to the trail and make it safer for all users. Please approve RE.13. City of Miami Page 30 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Martin Blaya: Good morning, Commissioners. My name is Martin Blaya. I live at 3158 Day Avenue, in Coconut Grove. I'd like to comment on PZ.1, PZ.2, RE.19 and AC.1. As far as PZ.1 and PZ.2, which is the Villa Woodbine, Carrollton School item, I'm wholeheartedly against both the destruction of Villa Woodbine and the canopy and the addition of yet another school in that area of Coconut Grove. We need to keep the canopy. We need to keep the history of Coconut Grove. Villa Woodbine is a historic property. Destroying that property by adding parking lots and a swimming pool and the surrounding buildings does not keep in line with Coconut Grove history. And destroying the canopy and adding more traffic by way of a school when there's yet one school -- I think 100 feet north of that -- I think is disruptive to the neighborhood. As far as RE.19, I don't believe in a waiver of a conflict of interest for the Miami 21 Ad Hoc Task Force. Conflict of interest rules are there for a reason, and I believe waiving a conflict of interest is only going to lead to future probleMs. And lastly, as far as AC.1, the pending litigation on the matter of 3384 Day Avenue, that -- those two properties -- or the property violation is about two blocks west of my house on Day Avenue. When I walk or drive by there, I can't believe what those neighbors must be going through, having that property within the ceilings -- or the roofs within one foot of each other. We can't settle that case. The developer must be made to comply with the Code. The Code is there for a reason. I believe he misinterpreted or mischaracterized certain items on the application. The developer should not get away with settling this claim and being allowed to build -- Ms. Nelson: This is Joyce Nelson, 2535 Inagua Avenue. I'm calling on RE.11, 3374-3384 Day Avenue. What has happened on Day Avenue is a violation of our City zoning laws. Everyone knows that developers, architects, structural engineers, surveyors, and construction companies are very familiar with setback laws. Make no mistake about it, there was no mistake made here. Building these houses within the setback was a deliberate act. The logical conclusion of this issue is that offending buildings be demolished. It leaves -- if left there, it sets a precedent for other developers. Please protect our City zoning laws. This is Joyce Nelson, 2535 Inagua Avenue. I'm calling on RE.11, 3374 and 3384 Day Avenue. What has happened on Day Avenue is a violation of City zoning laws. Everyone knows that developers, architects, structural engineers, surveyors, and construction companies are very familiar with setback laws. Make no mistake about it, there was no mistake made here. Building these houses within the setback was a deliberate act. The logical conclusion of this issue is that offending buildings must be demolished. If left there, it sets a precedent for other developers to do the same. Protect our City's zoning laws. Mr. Brown: My name is Daniel Brown. I am the owner of an apartment on Grove Isle. My address is 2 Grove Isle Drive, Apartment 1406, Coconut Grove, Florida. Condominium complex is located off of South Bayshore Road. Any given time, there are at least 500 residents on Grove Isle. The residents of Grove Isle have only two ways to go to and return from Coconut Grove to shop, eat and pray; South Bayshore Road and Tigertail. Pre-COVID- 19 from 2 p.m. to at least 7 p.m., there is gridlock on South Bayshore. Tigertail is not much better. During the Ransom school year, there is a backup from students arriving in the morning by bus and car and leaving the same way onto Tigertail. Traffic is stopped by the police in either direction. When this occurs, you can wait 15 minutes to get around the stopped traffic. After being caught in this mess enough times, I avoid Tigertail like the plague from 8 am to 9:15 am in the morning and 2:45 to after 4:15 in the evening -- in the afternoon during school hours and opening. Now Carrollton has applied for approval to build a school initially for at least 500 boys, grades "K" through 5. However, do not be fooled by this. In the future, the school could request to increase the grades to 12th grade and -- for boys and also add girls "K" to 12. Initially, adding buses and cars to transport 500 boys on Tigertail would dramatically add to the mess that we now have. Even if the hours of Carrollton school is earlier or later than Ransom, there will still be a mess. Also, in the future, the school can reconfigure the property to allow ingress on Tigertail and egress on South Bayshore Road or vice-versa. The residents of Grove Isle have the most to lose if you permit Carrollton to build a school on the Villa Woodbine property. City of Miami Page 31 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Ms. Nelson: This is Joyce Nelson, 2535 Inagua Avenue. I'm calling about RE.11, the Carrollton School. This project threatens our way of life and the safety of our community and the resilience to climate change. Thirteen private schools in Coconut Grove pay no real estate taxes; the combined assessed property value totaling over $229 million. When completed, the school will have an estimated value of 50 million and will shift the tax burden from public services onto the County, City and residents. Vote "no" to approve Carrollton's elementary school for boys at Villa Woodbine. Say "yes" to a better quality of life for our residents, to a greater sense of community, to conservation areas and environmental education and to smart growth and sustainable management practices. Thank you. Isabel Singletary: My name is Isabel Junco Singletary. My office is in Coconut Grove, where I have worked for 20 years. I support the proposed school at Villa Woodbine, because it is important to me that the plans that have been shown do not overdevelop the property and safeguard against the threat of the kind of development that can swallow up the Villa and destroy the natural bluff where it sits. The enhanced tree canopy, which the plans outline, will be mature in no time, and they are all native, noninvasive no-prohibited trees. The historic villa is deteriorating, but yet, it -- the proposed plans I've seen is to preserve it and restore it by people with a 60-year track record in Coconut Grove. I ask you to please approve this appeal in favor of the Woodbine school with a tie vote from the HEP (Historic and Environmental Preservation) Board that is in front of you. Thank you. Maria Padron: Good afternoon. This is Maria Padron. I live on 255 Solano Prado, Coral Gables, Florida. We have two girls in Carrollton and one that has graduated. We are a family from Miami that's been in Miami for the last 49 years. I am sending this video in regarding the agenda on PZ.1 and PZ.2, which is about the Woodbine. We are in complete support of the school. The Padron Family is a family that's been around here for many years and has supported many different communities on different levels, and we truly believe that this would be an asset to the community. If you guys have any questions or would like to talk to us in person or hear us in person, we would love it. Just due to the COVID, we are in lockdown and wearing our masks. I'm here in my office, so I'm by myself, so no mask. (INAUDIBLE) the Padron family is in complete support of the Woodbine school. It think it would be a great asset to the community. Thank you. Charles Greenfield: Yes. My name is Charles Greenfield. I live at 901 Northwest North River Drive in Spring Garden Historic District. This is in reference to item 7 for Planning and Zoning. I just want to emphasize the fact that the traffic on Northwest 11th Street between 12th Avenue and Culmer Station is, during normal times, practically impossible to get through from approximately 3 in the afternoon until about 5, sometimes 6 o'clock. With the addition of this new construction and the attempt to change the Miami 21 designation, it will become catastrophic. The traffic right now is extremely bad for the residents of Spring Garden who only have access to 7th Avenue over the little yellow humpback bridge, which during -- anytime the 5th Street Bridge goes up, the traffic there is jammed, and it's very difficult to even get out over that bridge. And then 11th Street is the only other exit, with the streets that go onto 11th Street from Spring Garden to Winn-Dixie, et cetera. It's an intolerable situation, and what you're proposing will double, triple, and god knows what it will do to the traffic situation, which, as I said, is already bad enough, including the new Modera Apartments across from the Winn-Dixie, which have put a real strain on our neighborhood. So please consider this and this is something that really impacts our neighborhood, which is a rare, rare ecosystem that's the only one really left in downtown Miami. Thank you. Terrell Fritz: Good morning Mr. Chair, Vice Chair, and City Commissioners. This is Terrell Fritz, 111 East Flagler Street, the Executive Director for the Flagler District BID (Business Improvement District). On behalf of the BID's Board of Directors, I would like to express support for two items on today's agenda. First, RE.15, Number 7658. The outdoor dining and restaurant recovery program has proven essential to Flagler District restaurants struggling to survive the COVID-19 crisis. This program should be extended through January 2021, as well as expanded to include additional dining and public space uses and parking lane, and roadway disclosures throughout the district. Second, RE.18, Number 7663, the proposed network of City of Miami Page 32 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 protected micro mobility bike lanes along Miami and East 1st Avenues and along North 5th and 6th Streets in the downtown Central Business District will provide significant connectivity and economic benefit to our neighborhood, and ensure the safety of the growing community of downtown cyclists. We encourage you to support both RE.15 and RE.18. Thank you. Cindy Snyder: Good afternoon. This is Cindy Snyder, 3980 Hardy Road. My remarks are about Resolution 19, waiver of conflict of interest. I urge the Commission to reject Resolution 19, Item 7664, on tomorrow's agenda. The makeup of the special task force inherently presents conflicts of interest. These improprieties are neither necessary, nor desirable for the public interest, and so, should be avoided. Appointing lobbyists or others to the taskforce who have direct pecuniary interest in making changes to the code, violates the principle of honest government. For example, when a Commissioner is prohibited from having input on a project affecting property they own, it is to avoid the actual or even the appearance of corruption. Waiving conflicts of interest should only be done in extreme circumstances which do not exist in regard to the makeup of this taskforce. To do otherwise casts a huge dark shadow of corruption over the City's planning and zoning activities; certainly not a good tone with which to attempt positive changes to zoning laws. The state-mandated planning authority designated by the City of Miami is the PZAB (Planning, Zoning and Appeals Board). They they should be tasked with including representatives for the Miami 21 review group who do not have direct or indirect material conflicts of interest. Such a taskforce must correctly include significant representation by long-standing owner residents who have stakes in the continuing livability of communities in Miami. Livability changes should not be instituted at the behest of those whose primary interests are to make quick huge profits here. There are many well-informed citizens who could and would provide useful input into how Miami 21 could actually be improved. Further, a two-thirds super majority of the PZAB should be required in approving any proposed changes to the existing Code. Thank you for your conscientious consideration of this matter. David Winker: Good morning. This is David Winker, at 2222 Southwest 17th Street. I'm calling to urge the Commission to reject to Resolution 19, Item 7664, waiving conflicts of interest. I've been raising this conflict issue with the City since February. And after the Florida Commission on Ethics became involved, the City Attorney has finally accepted the fact that filling the Miami 21 Taskforce with lobbyists that represent clients before the City presents real ethical and legal issues. And now the City Attorney is suggesting that the Commission vote to waive these ethical issues. The Commission should not be waiving any conflicts. It is not good governance and it doesn't eliminate the prohibition on voting on items affecting these lobbyist clients. These lobbyists represent hundreds of clients before the City, and everything they will be voting on affects their clients in some way. Now is the time to restructure the Miami 21 Taskforce so that it works for all residents of Miami, not just special interests. A taskforce traditionally works best when decision-makers are independent, community thought leaders whose role is to gather relevant information from all constituencies to draw conclusions and make recommendations. The Miami 21 Taskforce should be reconstituted with community members who do not represent clients with a direct financial interest in the taskforce's recommendations. The taskforce should then solicit input from all interested parties, residents, developers, architects, engineers, lawyers, and synthesize what they hear from these diverse sources to make recommendations on how to revise and improve Miami 21. Picking independent and unbiased decisionmakers is not only a critical part of an effective taskforce, public confidence in the integrity and impartiality of the Miami 21 Taskforce and the acceptance of its recommended changes hinges on ensuring that this happens. Melissa Meyer: Hello. Melissa Meyer here of 3161 Ohio street in Coconut Grove Village West, in the City of Miami. I'm standing here in front of 3374-3384 Day Avenue. But this time I'm wearing my hard hat because it's become increasingly clear to me that the architects, owners, developers, Zoning officials, and even our own City Attorney Victoria Méndez, do not care about the health, safety, and welfare of the citizens of Miami. A Band-Aid between these two buildings is not going to solve the problem. Let me tell you why. Here on the corner of Perry Frow Drive and Day Avenue, this public road, the construction project is built up right City of Miami Page 33 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 to the edge of Perry Frow Drive, a public street in Coconut Grove. So I took my tape measure and I measured from that wall right there to the edge of this street, and that is 50 feet. That's where the project is supposed to begin; not here at the edge of this public road. So the reason why this matters is because it sets a terrible precedent for other developers to commit the same zoning violations, and break the law in the City of Miami. Case in point, 3374-3376 Perry Frow Drive, these two duplexes that are being built behind the Day Avenue Project. I just took my tape measure and I measured in between the two duplexes, and guess what? Seven feet. They're not the required 10 feet. So, you see, if we let this slide today by asking the developer to just put a Band-Aid on the project and carry on, then we're just going to send the message to developers that it's okay to break the law in the City of Miami. But instead, we should take the opportunity to make a change today by not settling and asking the developer to bring the Day Avenue project into full compliance with the law, and we should do this, because we want to set an example for the next generation in the City of Miami. We want to let them know that, you know what? You can be proud of the City of Miami, the city where you live, because we follow the law here, and we're in favor of responsible development. Thank you. Mel Meinhardt: Hello. My name is Mel Meinhardt. I live on Virginia Street in Miami. I ask the City of Miami Commission to support Resolution RE.13 on today's agenda, and accept the $1.7 million from the County's People Transportation Plan to improve the Commodore Trail. The Commodore Trail is Miami's front porch to Biscayne Bay. It's a heavily used pathway for families, commuters, pedestrians, and bicyclists, and it connects several of our area's oldest, most diverse, and most environmentally significant neighborhoods. Since the start of the coronavirus, people from throughout the City heavily used it to safely enjoy the City's waterfronts and parks. We need to join the County and Coral Gables in using money from the half-cent transportation tax to maintain and improve the Commodore Trail. It's a crown jewel of Miami's shared heritage. Thank you, Commissioners, for supporting RE.13. Claudia De Gaulle: Hi. My name is Claudia De Gaulle. I live it 240 Northwest 25th Street in Wynwood. I am calling to express strong support for Resolution 18 to create a micro mobility network in Miami, and to thank Commissioners Russell and Reyes for their leadership on this matter. In studying this issue, I am convinced that installation of protected and separated facilities for people on bicycles and scooters will be a great benefit for the City of Miami in terms of economics, livability, and safety. Other cities across the US have installed protected bicycle lanes, and report that they have paid off in multiple ways. Protected micro mobility lanes make riding much safer and more inviting for people of a wide range of ages and abilities. Bicycles and scooters also reduce wear and tear on streets and reduce pollution contributing to the health and sustainability of our community. Thank you. Ms. Meyer: Hello. My name is Melissa Meyer of 3161 Ohio Street in Coconut Grove Village West, in the City of Miami. I am calling to urge the City of Miami Commissioners to please reject Resolution 19, waiving conflicts of interest on the Miami 21 Taskforce. Individuals -- who shall remain nameless -- with conflicts of interest should not be voting on the fate of Miami 21. The Miami 21 Taskforce should represent the tax-paying residents of the City of Miami and not developers and special interests. Please stop wasting our time and tax revenues trying to skirt the law again by violating the Florida Code of Ethics. Focus on representing us, the tax-paying residents who will elected you, by rejecting Resolution 19 today. Thank you. Denise Castro: Hi. My name is Denise Castro. I live at 1818 South Bayshore Lane. I'm calling to speak about my opposition for the Woodbine school, which is -- they're proposing to build it at the Villa Woodbine location right now. And first and foremost, we wanted to express, you know, the traffic concerns we have. It takes 20 minutes to get to Coconut Grove Elementary from Bayshore. We live off of Bayshore Lane on Fair Isle Drive. That is our biggest concern. It is impossible to get to Mercy Hospital during traffic times in the event of an emergency. Ambulances can barely get by. This school does not serve our community. This school is for people that do not reside in our community, bringing in over 1,400 vehicles per day to our area, which we do not need, and we cannot have on Bayshore, because it's impossible already for people to get by. Bayshore is a street that many people use to come City of Miami Page 34 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 from Pinecrest to work in downtown Miami. And we already have -- Bayshore is already very backed up. It backs up all the way onto Main Highway and -- already because of the schools. You know, we have police officers there in the morning stopping traffic for the parents to get by for Carrollton already, and we don't need that on Bayshore. We really don't need that on Bayshore. In addition, this will bring cars for the construction. There will be construction workers coming to Coconut Grove every day for two years probably to get this project done. They will have nowhere to park. They will park at Kennedy Park; guaranteed this will happen. It's happening now with the existing projects. We have -- there's parking -- there's construction workers parking there. There's construction workers parking all over the Coconut Grove, and we already have a problem with parking in the area. We really don't need this project. The property is fine the way it is. If they can't use it the way it is, then they don't need to build a school there. And that's just how we feel. And we hope we -- Judith Paul: My name is Judith Paul. I live at 1000 Northwest North River Drive in Miami, 33136. This is the Spring Garden Historic District. And my comment has to do with Items 6 and 7 on the Planning and Zoning agenda for tomorrow's Commission meeting -- virtual Commission meeting. I want to say that I'm very much opposed to changing the density along these narrow roadways in the Hospital District. At commuter times, people trying to -- the workforce from the hospital who are -- who commute by car, these are people that we're calling heroes right now. They can't even -- it takes them an hour to get home, to clear this district. It also, needless to say, makes our exit from Spring Garden, where we only have two exiting roads, it's almost impossible to get in or out of this district. I'm a former hospital worker, and I've experienced such great changes in this area since I worked at Jackson Memorial and University of Miami Hospital. I think that the changes proposed simply allow developers to build more dense, higher buildings with less parking for people, and just create such a bottleneck in this zone. It's almost unlivable. And I would appreciate -- I wanted to speak to this, because I strongly oppose these changes in the zoning. Thank you. Jenny Vargas: Good afternoon. My name is Jenny Vargas. I live at 4171 Pamona Avenue in Coconut Grove. And I'm calling to voice my objection to the appeal for the Woodbine school being proposed for Bayshore Drive. I don't think that we need additional traffic cutting through our residential neighborhoods to get to and from, you know, yet another private school every morning and every afternoon. Thank you for your consideration. Bye-bye. Karl Muench: My name is Dr. Karl, K-A-R-L, Muench, M-U-E-N-C-H. I live at 1699 South Bayshore Lane. I'm in agreement with the letter of Attorney David Winker urging the City Commission to reconstitute the Miami 21 Taskforce to represent clients and the interests of the recommendations of everyone. I'm in. Aaron Demayo: Hello. My name is Aaron Demayo. I live at 133 Northeast 2nd Avenue in downtown Miami. Thank you all for your hard work. I'm calling today to confirm my support for Item RE.18, as well as the consideration for additional pedestrian-protected bike lane improvements throughout the City. I was very pleased to see the DDA pass a resolution in support of the downtown bike network last week. Mobility lanes support a healthier downtown with fewer carbon emissions, less noise, less traffic, and allows for more density and more options for healthy transportation. Our City's in critical need of safe, separated protected mobility infrastructure that accommodates all types of micro mobility. The success of the scooter pilot program and amount of people biking for transportation and leisure during the last four months is a testament to the enjoyment and desire for these safe mobility options. I'm an architectural designer and urban planner. I've reviewed the plans for the downtown network, and the design appears well conceived. The currently designed portion will be a great foundation for completing a network of protected lanes throughout the urban core, from Brickell to Design District. We have zoning in downtown that allows for significant relaxation of parking requirements, and developers are utilizing this and they have some great success. Additional mobility options that complement bus, trolley, and Metro mover networks for safe movement in downtown Miami will incentivize and provide confidence to additional developers to build bus parking. Parking garages are expensive. Building more appropriate parking City of Miami Page 35 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 ratios will allow the financial proforma to work for more projects, which brings so many benefits, including more affordable housing. It's great to see this initiative gain traction. And I request you all do everything in your power to build this important infrastructure. Thank you very much. Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street. Regarding SR.3, changes to historic preservation, please vote "no." The historic preservation program has been beneficial to the City for 39 years. I've participated in the formation of four historic districts: Art Deco, Morningside. MiMo (Miami Modern) and Palm Grove. Many studies have proven the benefits of historic districts to stabilize neighborhoods, protect the aesthetic integrity, and preserve their character and scale. For those interested in money, historic districts also increase property values at a rate higher than non-historic areas, as was proven by this recent study by Miami-Dade County. I left a copy of this at each of your offices. This proposal would harm historic preservation in Miami. Rather than harm it, we should be helping it by adding more staff and programs to assist historic properties. I would love to meet with any and all of you about this. Again, please vote "no," or at least defer it until we can meet with the public. Regarding RE.11, Day Avenue, demolish it or forever regret it. RE.19, conflicts of interest should never be waived. That board should be restructured. Right now it's a farce. SR.1, seawalls, you've heard my proposal to increase seawall height in parks incrementally if and when sea level rises. CA.8, that amicus brief is a bad idea. It would enable carte blanche selective Code enforcement. Lastly, Commissioner Hardemon, Legion Park is in your district. The boat ramp there has been closed for 11 years. It's now being rebuilt. For several years, neighborhood activists asked for a kayak launch to be included in those plans on the south side of the boat ramp. It was somehow left out of the current plans, but it can be added. I would love to meet with you on location, so you can see the situation for yourself. If you can get a kayak ramp added to the south side of the design before you leave, that would be a great thing. Thank you, gentlemen. Allyson Carmona: My name is Allyson Carmona. I'm Class of 2022. I've been at Carrollton since the sixth grade. And every day, I've encountered the values and goals of Sacred Heart, especially Goal 3, social awareness, which involved action. This helps me observe our resources and also protect and preserve them for future Sacred Heart generations, and spread the message of protecting "tera modern," to which we dedicated the year to the preservation of our Mother Earth. Also, this impels me to be aware of our world today and work together as the Sacred Heart community to erase and fight against social injustices, making not only our community but the world a better place. The creation of Woodbine would lay a foundation for the boys to -- of the values and goals of the Sacred Heart to further our impact beyond our community and change the world for better. Thank you. Shaina Fieldstone: Hello. My name is Shaina Fieldstone. My husband's name is Brian Clavelle, and we are homeowners in Coconut Grove, North Coconut Grove, 2485 Swanson Avenue. We're calling regarding the Villa Woodbine Boys School to express concern regarding traffic pattern and congestion in the area, especially given COVID right now that, you know, the spacing of our streets is kind of at its limit now, and we wouldn't like it to be further disrupted. Thank you very much. Bye. Suzanne Fry: This is Suzanne Fry. I live at 3551 Vista Court in Coconut Grove. I'm calling about Carrollton wanting to build a school on the Woodbine site. I think that would be a horrible travesty. The traffic and the congestion would just be so much worse than it already is. We already have a school on South Bayshore. It's already difficult to leave and return to our property. It just would be a horrible, horrible thing to have that big a footprint and reduce all of the greenery that the Grove is known for. Thank you. Mr. Winker: David Winker, 2222 Southwest 17th Street. I'm calling to urge you to reject the settlement agreement being proposed in Item RE.11, 7404, on 3374 Day Avenue. The City should not be settling anything with this developer who has built a project that is in obvious noncompliance with law, and is a danger and an eyesore. In the proposed settlement City of Miami Page 36 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 agreement, the City described that what happened was based, quote, "Based in large part on misrepresentations contained in the developer's application," close quote. This is legalese for what really happened, which is that then Zoning Director Devin Cejas purportedly in consultation with the City Attorney's Office, approved this project, despite its obvious and glaring noncompliance. And the developer would have gotten away with it if it wasn't for my client, Melissa Meyer, and the other neighbors who saw the setback problem and didn't give up until we got the City to finally admit that there was a violation. Devin Cejas has moved on to become the City of Coral Gables Development Services Director and we are left to clean up the mess. And I think that you will agree after you read the proposed settlement terms that rather than pull off the Band-Aid to thoroughly clean up the wound, the City wants to follow Mr. Cejas' lead and move on to the next thing. In summary, the developer gets to finish his illegal project. This is a huge win for the developer and a devastating loss for the neighbors and the rule of law. Remember that the illegal mural in the Morningside District was allowed to remain, despite its violation of the Code, because there were other murals in the same neighborhood allowed by the City. The same thing will happen here as other developers will be able to argue, "Why does the Code apply to me when it didn't apply at Day Avenue?" And the City Code will quickly become unenforceable. Please vote "no" on the settlement. Genia Mauriello: Yes, hi. This is Genia Mauriello. I would like to -- 2353 Southwest 21 Terrace, Miami, 33145. I want to pretty much vote against the Carrollton plan to move into Villa Woodbine. It would increase the traffic tremendously and affect movement around the park area at Kennedy, and access to Coconut Grove. So if anything can be done to please stop the gridlock, we would really appreciate it. Thank you so much. Bye-bye. Allen Knoll: My name is Allen Knoll. I live at 2132 Tigertail Avenue. I am against this project. It is completely inappropriate and will destroy the natural canopy that's been there for decades, while removing hundreds of trees. The Historical Preservation Board already denied this project appropriately. Also, we have to consider Mercy Hospital is just a few blocks away, and this presents a great danger in terms of increased traffic. When people need to be rushed to the hospital or in an emergency, every second counts. South Florida has plenty of land where this school might be appropriate, but the Grove, and especially this lot, is certainly not. Thank you. Ms. Erven: Hello. My name is Marlene Erven. I live at 3066 Washington Street, Miami, Florida 33133. I am calling to make public comment on Item PZ.1, 6981 and PZ.2, 6982, Carrollton's Woodbine School at Villa Woodbine. I urge our Commissioners to say "no" to this resolution and uphold its Historic and Environmental Preservation Board's recommendation and those of the thousands of residents who are opposed to this project. We want our voices to be heard. This property has historic designation. How many of our historic sites have we decimated? Will this be another one? The site has a historical designation district overlay and it's within an archaeological conservation area. There's a high probability of it containing significant archaeological objects on the site. The plan removes over 60 percent of the trees on almost four acres. Can we afford to lose almost a hundred mature trees in Coconut Grove? How can this even be remotely considered? Coconut Grove has its appeal and sustains its property values in large part to our trees. This lush tree canopy absorbs traffic, carbon emissions, and slows the rate of water reaching the ground, and reduces soil areas to accommodate drainage. This plan is inconsistent with the City's resilience policy. This property plays a critical role in resilience to climate change, and will heighten the impact of environmental disasters such as storm surges and flooding. This plan overwhelms the neighborhood and scale, massing, and proximity to Tigertail and much smaller homes. Nothing about this project is acceptable. Please say "no" to this project. Thank you. Shakeh Grady: Good afternoon. My name is Shakeh Grady. I live at 2300 Southwest 3rd Avenue. Will the Woodbine School be an asset to this community? Unequivocally, yes. I want to live near a values-driven institution of learning like Sacred Heart Schools, because my own experience and history shows the positive impact that a school has on the surrounding community. It's a dynamic nexus of the following things: Exploration of ideas, cultivation of the intellect and talents of young people, service to the community as an extension of the City of Miami Page 37 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 classroom, and investing in responsible stewardship of the physical landscape where all of this learning is taking place. I became a member of the Carrollton community through my work with an organization called Breakthrough Miami. Breakthrough has partnered with Carrollton for the last 10 years to support its own vibrant learning community of highly motivated and traditionally underrepresented 5th through 12th grade kids to be successful when they leave high school, and to develop leadership skills. This partnership is a concrete example of Carrollton Sacred Heart values and what a school like it and what its presence in the community can do. Thank you so much. I'm firmly in support of the Woodbine Boys School. Thank you. Victoria Estavani: Hi, everyone. My name is Victoria Estavani, and I'm going into my junior year at Carrollton. I've been at Carrollton since my freshman year, and I am a proud member of the Class of 2022. The past two years I've spent at Carrollton have honestly been some of the greatest years of my life. The community that I have found at Carrollton has been so incredibly welcoming. Everyone at Carrollton is extremely kind and outgoing. Everyone is so willing to put other people's needs before their own. Being in the heart of Coconut Grove definitely has its perks. One thing that me and my friends love to do to take advantage of Carrollton's unique location is walk to Starbucks. This is something we love to do, especially during midterms and finals week or PSAT (Pre-Scholastic Aptitude Test) weeks. Another thing we love to do is walk to the ocean during our free period. While at the ocean we listen to music, talk with friends and just relax. Whenever we've had a particularly difficult day or even week, a quick trip to the ocean instantly makes us feel better. This is just one amenity that Carrollton has to offer, not to mention challenging but rewarding academics, a passionately Catholic atmosphere and an incredible community. When I found out that there was a potential for a boys' Sacred Heart school called Woodbine, I got extremely excited. I was so happy that young boys would get to experience a form of all the amazing things I had experienced at Carrollton. At Carrollton, we talk a lot about the word, "sisterhood." Before I came to Carrollton, I didn't really understand what the meaning of that word was. Upon attending Carrollton for a couple years now, I now understand that "sisterhood" is the relationship you develop with the people around you. It's an immeasurable sense of community. I'm so excited that hopefully the future students of Woodbine can experience this - - in their case brotherhood -- so that one day they may all proudly recite the Sacred Heart prayer with pride. Thank you. Truly Burton: Good morning, Mr. Chairman and City Commissioners. My name is Truly Burton. I represent the Builders Association of South Florida. I'm commenting today on two items: FR.3, First Reading Item Number 3, which is Item Number 7633, about sidewalks and construction excavation; and also, FR.4, Item Number 7634, that relates to resilience in Public Works about green initiatives and soil erosion. These are the first time I'm seeing these items, and I would surely appreciate it if BASF (Builders Association of South Florida) has the opportunity to review and discuss both of these items with City staff so they can review them and understand them. At first review, they don't really read off the page. We'd appreciate having a more in-depth discussion with staff in a meeting with staff so we can discuss them. Thank you very much for the opportunity to make comments. We look forward to working with staff to discuss them. Thanks so much. Bye-bye. Michael Vastine: Michael Vastine, 3211 Southwest 22nd Avenue. Number 6981, 6982. My family and I live adjacent to the property planned to be developed at this private school. I'm also a parent of a Carrollton student. We are adamantly opposed to the development. All of the neighbors adjacent to the property are opposed. The historic nature of the neighborhood is one of single-family residential homes. Each owner purchased their property with a historic norm of this being a single-family historic neighborhood. There's no reason to modify the historic nature of this community and permit a large development in and around the historic Villa Woodbine structure. They want to place a school where we already live. They want radical change. They have deep pockets, but they have no argument this is appropriate. It's just that they want to do i and beautify some other place in the City that might actually be improved by or receptive to City of Miami Page 38 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 their efforts? Go out west, like Belen. Find some other spot already zoned for this use. They have no answer. Why not use one of its two existing campuses for boys or go co-ed? They have no answer. They've circulated a form letter for the Carrollton community to support this. I assure you the writers don't live here. They haven't invested in and lived in the adjacent properties. Carrollton claims to have worked with us, but that means if they showed us their plans, they asked if we were happy. We all said "no," and they are trying to proceed anyway. This is just what they want to do. Our backyard will be adjacent to the back wall of a 35 -- or more -- foot auditorium. This will not be historic; it's not residential. It's an offense to my and all the other property owners' expectations when we invested in this historic lovely residential neighborhood. The traffic problem is self-evident. The test case is their current situation on Main Highway where they already have a campus adjacent to a Ransom campus. It's a daily nightmare, 25 minutes to go the two miles. This is going to be total gridlock here, too. So we ask you just to say, "no." Building this complex around the Villa doesn't make it historic or compatible when it's uniformly opposed by the residents who are already there. Thank you. Adele Tallman: My name is Adele Tallman. I live at 1906 Tigertail Avenue. And I have a statement for the Villa Woodbine Carrollton School issue, meeting on the 23rd. I think that the destruction of Woodbine will do nothing positive for Coconut Grove and it should be denied. Thank you very much. Lori Blandon: Hello. My name is Lori Brandon. I live on Tequesta Lane in Coconut Grove, and I'm calling about the school being proposed to be built on the Villa Woodbine property. And I would like to voice my absolute opposition to that proposal. I think building a school on that property is completely unnecessary and is going to greatly and negatively impact the quality of life of the local residents. Everyone that I know, all of my neighbors, everyone in the area is strongly opposed to this. I don't even know why it's continuing to be considered. This needs to be shut down immediately, and not up for reconsideration. Thank you. Cecilia Kurland: My name is Cecilia Kurland, 3132 Day Avenue, PZ.1, PZ.2, Woodbine. As you're aware, the zoning of the subject property is a T3-R, single-family residential, probably just like your home, and it is in an NCD-3, a Neighborhood Conservation District; a district that should protect your home and the neighbors. How would you like if your neighbor decides to build a massive school right next to you; even worse, your own Commissioner allow it to happen? The historic house is located within Environmental Preservation District, and on the scenic transportation corridor. The City Commission identified this parcel as natural significant and has the obligation to maintain, preserve, enhance, and restore the quality of this natural resource. A change of zoning and use will adversely impact on the adjacent area of the single-family neighborhood. I must remind you Commissioners about your vote on Miami climate resilience in protecting our coastal areas and flood-prone areas, which include South Bayshore Drive. As the project does not comply with Chapter 17, environmental preservation, and it is against the goals for smart growth and sea level rise, it does not -- it is not in accordance with the comprehensive plan. Please deny the appeal. Thank you. Maria Teresa Valle: Hi. My name is Maria Teresa Valle. And I'm a faculty member at Carrollton School of the Sacred Heart. I also graduated in 1979; went to school there for 12 years in the Sacred Heart school, and I wanted to speak on behalf of the school. The first is the great education, the single-sex education I received. And I feel it's very important for boys. I also visited the Princeton School that's just for boys, and it was a great experience to watch how boys thrive in single-sex environment when they're younger. I also wanted to speak on how well we've taken care of the property, all the great transformation, how we are environmentally correct; also, how we always try not to add traffic to Coconut Grove. We're very sensitive to our neighbors. We're good stewards of the earth. So I just hope that you can find it in your heart to vote "yes." I realize that there's a lot of issues about the traffic. But I know that Mr. Kalkus and the people at the school will do everything in their power to have all the traffic inside the school, a little bit like what we do in El Jardin and then the other property. So good luck, and I hope the vote is "yes," in favor of Carrollton. City of Miami Page 39 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 J. B. Diederich: This is J. B. Diederich, here in the Grove at 3758-60 Frow Avenue. I want to thank Commissioner Manolo Reyes for pushing for Chapter 23, Miami 21 historic designation to give us 60 days rather than 50 days. As you know, we had to really scramble the last time we were designated historic against our will. So I wanted to thank you very much for making the effort. I think the next thing that I would suggest is getting rid of the thematic designation and perhaps making a bigger effort to get rid of all the fees that we must pay you guys. The Mayor was kind enough to grant us a break from the fees, but it would be wonderful if that worked for everyone, because it's not cheap. Anyway, as you can see, the house is beautiful, still working on it, still will and always will. Thank you. Barry Feldman: This is Barry Feldman, 3 Grove Isle Drive, Miami, Florida. On Agenda Item RE.11, related to the buildings at 3374 and 3384 Day Avenue, due to the extremely negative impact on the neighborhood, I urge the Commission to insist that any settlement you agree to that you require that these buildings be brought into full compliance with the City Code and the zoning laws. Anything less is an affront to the community that has called West Grove home for over 100 years. My second comment is on Agenda Item PZ.2, Villa Woodbine. Turning the historic Villa Woodbine property into a school would cause serious hardship for the neighborhood and would eviscerate the protections our government and laws afford residents. I urge the Commission to affirm the Historic and Environmental Preservation Board's denial of the project in order to maintain the integrity of the neighborhood. At a third Coconut Grove development -- the one at Grove Isle -- we are facing similar issues where our neighborhood and rights are being assaulted by an unlawful project. In this case, the project violates many terms of the 1997 restrictive covenant that was put in place at the time of the original development by the neighbors and by the City. Even worse, the developer has not met the City's permit requirements, yet the City is allowing work to proceed. There are numerous permit processing irregularities involving lack of departmental approvals, missing signatures, and noncompliance with written comments, among others. Even worse, notice of the development was not made to neighbors and the neighborhood homeowner associations. I urge the Commission to put a halt to this project until all violations are corrected, and their permits are reviewed for correctness. I will be sending an email today with more details about these issues to the Clerk. Thank you for this opportunity to make this presentation to you. Anyltha Muench: Hi. My name is Anyltha Muench. I live at 1699 South Bayshore Lane, North Coconut Grove. And I am calling about the Villa Woodbine Carrollton issue, that there is just too much concrete and fewer trees if that happens. And it reduces the water absorption and aggravates our flooding at Kennedy Park and at our home neighborhood between Bayshore Drive and the bay. Please, Commissioners, vote "no" to stop this project. It is just outrageous the amount of construction and the density that would occupy and reduce our -- just the water absorption and the trees. And this is a historic piece of property, so please buy it as a -- and make it a park or something, but not any construction there, please, please, please. Thank you. Again, Any Muench, at 305-322-7731, in 1699 South Bayshore Lane, between Bayshore Drive and the bay, where we get a lot of flooding. Thank you. Hello. My name is Anyltha Muench. I live at 1699 South Bayshore Lane for 43 years. And I am calling again for a different issue. And I want to say that I support David Winker's letter to not replace the City personnel on the committees for Miami 21. We should not allow the big developers who have a totally different agenda than we, the residents, and our government to not allow them -- especially like Arquitectonica, or Bernardo Fort, or anyone to go into these decisions, which are going to be bad results and damage our neighborhoods. Thank you. Eli Stiers: Hello. My name is Eli Stiers. I live at 509 Northeast 57th Street in Miami, Florida. I'm calling in to support items RE.13 and RE.18 on the City Commission agenda today, which are the downtown bike network and Commodore Trail iteMs. Regarding item RE.13, I'm an attorney and an avid cyclist who often bikes to work at my office in downtown Miami, and sees the need for this plan from the County to build out 2.4 miles of protected bike lanes in downtown. This project fills a really vital and necessary piece that is currently missing from our downtown transportation infrastructure, and that is protected micro mobility lanes in our urban core. As you all know, bike and scooter share is already present and very popular in City of Miami Page 40 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 downtown. More and more, Miamians are opting to use bikes and scooters for short trips and for first and last mile connections to transit, including the Metromover and Metrorail. And so, this will really fill that necessary void, that necessary part of our transportation framework, because, as we have all learned, we cannot rely on cars for mobility and transport for every trip, especially in our urban core, which grows more populated by the day. If the Commission supports this, the project can proceed with the County beginning procurement and possibly construction in September. And so, I hope and I urge the Commission to support this resolution so that that project can proceed. Regarding Item RE.18, the Commodore Trail is, without question, one of the most popular trails in all of Miami-Dade County, and a vital part of the Miami Loop Network which is a network of bicycle and pedestrian trail that will eventually connect all of Miami-Dade County and provide cyclists, pedestrians, and scooter users, and any micro mobility user a network of safe connected off-road trails. Passing this resolution would help create much needed improvements to the Commodore Trail, which currently has fallen into disrepair in parts, and is simply just not safe for all users right now. This resolution would allow the City of Miami to accept over $1.7 million in surtax funds from the People's Transportation Plan, the PTP plan, for (INAUDIBLE) as a member of the -- Unidentified Speaker: Mr. Mayor, Chairman, and distinguished Commissioners, Miami is one of the few major metropolitan areas without an all-boys elementary school, and Carrollton's community and the Archdiocese of Miami have been wanting to fill that gap. Woodbine School of the Sacred Heart will offer young boys the educational excellence that Carrollton has offered young girls over 60 years. During these 60 years, Carrollton has preserved our campus, the environment, the historical buildings, 100-year-old building on our campus, and we will do the same thing, what is right at Villa Woodbine. Thank you for your time. Elena Carpenter: Elena Carpenter, 1660 South Bayshore Court, Coconut Grove. The HEP Board is charged with the preservation of the City's heritage and environment, and so is our City Commission. This proposed school threatens our environment, our history, our trees, our quality of life, and our property values. A new school in the middle of a single-family neighborhood denies any property rights that the neighbors counted on when they opted to move there, relying on you, our community leaders, to protect those rights. I'm really sorry Commissioner Carollo is not participating in this debate as for decades he has consistently protected our communities and been extremely vocal about it. I trust the remaining four Commissioners will see through this. Over 20 years ago, the City Commission granted Villa Woodbine historic designation and allowed its current use. They were specific in their reasoning. It conformed to the Miami Comprehensive Plan. It was not out of scale with the needs of the neighborhood; it would not alter the population density, or overtax streets; it would not adversely influence the living conditions in the neighborhood, nor create a drainage problem, or reduce light and air to the neighborhood. It also said it would not constitute a special privilege. I trust that this Commission still continues to care about these values. What Carrollton proposes for Villa Woodbine flies in the face of the Commission's reason to approve this designation in the '90s. It was meant to establish the groundwork for it to be preserved in the same fashion in the future. Please save our neighborhood, its character, and its livability. If this project goes through, it will destroy our community. And it is in your hands to protect us. Please save us from this and allow them to place their fine school elsewhere, where they will not destroy everything we stand for. Thank you. Unidentified Speaker: That is the end of public comments. Chair Hardemon: Wonderful. Is there any other person that has called in or walking to the -- or walked into the lobby that we need to be aware of? Mr. Otero: Not that we're aware of. Chair Hardemon: Okay. Then at this time, I'm going to close the public comment period. City of Miami Page 41 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 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? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Hardemon: Okay. END OF MAYORAL VETO(ES) City of Miami Page 42 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo CA.1 RESOLUTION 7527 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Office PLEDGES TO COLLABORATE WITH OTHER SFAA MEMBER SOUTH FLORIDA INSTITUTIONS TOWARDS THE IMPLEMENTATION OF THE SISSION TO FOSTER THE INDIVIDUAL AND COLLECTIVE ACTIONS THAT ADDRESS ECONOMIC AND SOCIAL CONDITIONS TO STRENGTHEN THE HEALTH AND WELFARE OF SOUTH FLORIDA RESIDENTS. ENACTMENT NUMBER: R-20-0205 This matter was ADOPTED on the Consent Agenda. City of Miami Page 43 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 CA.2 RESOLUTION 7522 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED ON MARCH Department of Real 18, 2020 FROM POSEIDON DREDGE & MARINE, INC., A Estate and Asset FLORIDA P Management RESPONSIVE AND RESPONSIBLE BIDDER, PURSUANT TO NO. 19-20-013 TO PROVIDE CONSTRUCTION SERVICES FOR THE VIRGINIA KEY BOAT LAUNCH AND TRAILER PARKING D2 DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT ) PROJECT NO. B-70046, IN THE AMOUNT OF EIGHT HUNDRED EIGHTY EIGHT THOUSAND SEVEN HUNDRED THREE DOLLARS AND FORTY FIVE CENTS ($888,703.45) FOR THE SCOPE OF WORK PLUS EIGHTY EIGHT THOUSAND EIGHT HUNDRED SEVENTY DOLLARS AND THIRTY FIVE CENTS ($88,870.35) FOR THE OWNER'S CONTINGENCY ALLOWANCE, FOR A TOTAL NOT-TO-EXCEED CONTRACT AWARD VALUE OF NINE HUNDRED SEVENTY SEVEN THOUSAND FIVE HUNDRED SEVENTY THREE DOLLARS AND EIGHTY CENTS ($977,573.80); ALLOCATING FUNDS FROM DREAM PROJECT NO. B-70046; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH POSEIDON, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI-DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE, PROVIDED, HOWEVER, THAT ANY BOND FUNDING FOR ANY PHASE SHALL REQUIRE FURTHER CITY COMMISSION APPROVAL. ENACTMENT NUMBER: R-20-0206 This matter was ADOPTED on the Consent Agenda. City of Miami Page 44 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 CA.3 RESOLUTION 7523 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED ON APRIL 2, Department of Real 2020, FROM DOCK AND MARINE CONSTRUCTION CORP, A Estate and Asset Management LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, PURSUANT TO INVITATION TO BID ("ITB") NO. 19-20-017, TO PROVIDE CONSTRUCTION SERVICES FOR THE WATSON ISLAND MOORING FIELD PROJECT IN THE AMOUNT OF FIVE HUNDRED SEVENTY THREE THOUSAND FOUR HUNDRED SIXTY DOLLARS ($573,460.00) FOR THE SCOPE OF WORK, PLUS A TEN PERCONTINGENCY ALLOWANCE IN THE AMOUNT OF FIFTY SEVEN THOUSAND THREE HUNDRED FORTY SIX DOLLARS ($57,346.00), FOR A TOTAL NOT TO EXCEED AWARD VALUE OF SIX HUNDRED THIRTY THOUSAND EIGHT HUNDRED SIX DOLLARS ($630,806.00); ALLOCATING FUNDS FROM THE DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT ("DREAM") PROJECT NO. B-70047; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH DOCK AND MARINE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, PROCUREMENT ORDINANCE, ANTI-DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE, PROVIDED, HOWEVER, THAT ANY BOND FUNDING FOR ANY PHASE SHALL REQUIRE FURTHER CITY COMMISSION APPROVAL. ENACTMENT NUMBER: R-20-0207 This matter was ADOPTED on the Consent Agenda. City of Miami Page 45 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 CA.4 RESOLUTION 7521 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSAL RECEIVED Department of NOVEMBER 4, 2019 PURSUANT TO REQUEST FOR Procurement PROPOSA KENT SECURITY SERVICES, INC., A FLORIDA PROFIT CORPORATION ("KENT"), FOR THE PROVISION OF SECURITY GUARD SERVICES CITYWIDE FOR AN INITIAL PERIOD OF FIVE (5) YEARS WITH AN OPTION TO RENEW FOR ONE (1) ADDITIONAL THREE (3) YEAR PERIOD ON AN AS-NEEDED CONTRACTUAL BASIS; AUTHORIZING THE CITY MANAGER TO EXECUTE A NEGOTIATED PROFESSIONAL SERVICES AG WITH KENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO THE RFP, ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI- DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0208 This matter was ADOPTED on the Consent Agenda. City of Miami Page 46 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 CA.5 RESOLUTION 7573 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY O Office of Capital LIST OF EXPEDITED PROJECTS PURSUANT TO SECTION 18- Improvements 117 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS REPLACING THE CURRENT A - ATTACHMENT A - 6/17 AND INCORPORATED, FOR THE PURPOSE OF INCLUDING UPCOMING OFFICE OF CAPITAL IMPROVEMENTS' SOLICITATIONS AND PROJECTS WITH FUNDING ALLOCATED FROM VARIOUS SOURCES INCLUDING, BUT NOT LIMITED TO, THE MIAMI FOREVER BOND AS WELL AS OTHER LOCAL, STATE, AND FEDERAL STIMULUS FUNDING, IF AND WHEN AVAILABLE; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR, RECEIVE, REVIEW, REJECT, EVALUATE, AWARD, NEGOTIATE, AND EXECUTE CONTRACTS, INCLUDING PROFESSIONAL SERVICES AGREEMENTS AND CONSTRUCTION CONTRACTS, FOR THE PROJECTS A - 6/17/20 REVISED MIAMI CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AGREEMENTS, AMENDMENTS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING, THE CITY'S PROCUREMENT ORDINANCE, ANTI-DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0209 This matter was ADOPTED on the Consent Agenda. City of Miami Page 47 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 CA.6 RESOLUTION 7554 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND Department of Risk ON BEHALF OF MICHELLE WILLIAMS, SUBJECT TO THE Management CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $60,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIA AGENTS, AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $59,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-20-0210 This matter was ADOPTED on the Consent Agenda. CA.7 RESOLUTION 7555 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND Department of Risk ON BEHALF OF TERRENCE DAVIS, SUBJECT TO THE Management CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $400,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MI AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $399,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-20-0211 This matter was ADOPTED on the Consent Agenda. City of Miami Page 48 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 CA.8 RESOLUTION - Item Pulled from Consent 7665 A RESOLUTION OF THE MIAMI CITY COMMISSION AFFIRMING THE DESIRE OF THE CITY OF MIAMI TO FILE AN AMICUS Office of the City CURIAE BRIEF IN THE MATTER OF PETER M. HAVER, ET AL. V. Attorney THE CITY OF WEST PALM BEACH, ET AL., CASE NO. 4D19-1537, PENDING BEFORE THE FOURTH DISTRICT COURT OF APPEAL. ENACTMENT NUMBER: R-20-0220 h MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Diaz de la Portilla, Reyes NAYS: Russell ABSENT: Carollo Note for the Record: For additional minutes referencing Item CA.8, please see "Public Comments for All Item(s)." Chair Hardemon: Welcome back to the July 23, 2020 meeting of the Miami City Commission. As you can see, present on the screen right now is Commissioner Ken Russell, Commissioner Manolo Reyes; and myself, Commissioner Keon Hardemon. Right now, Madam City Attorney, I want to recognize you for Item CA.8. Did we lose her? Barnaby Min (Deputy City Attorney): We may have lost her, Mr. Chairman. CA.8 needs to be modified. The Fourth DCA (District Court of Appeals) has denied the City's ability to file an amicus. So instead, we're asking for permission to file before the Supreme Court of Florida should they accept jurisdiction. Chair Hardemon: Can you tell me why they denied the amicus? Mr. Min: I don't think they gave a written order explaining the reasoning. I can attempt to find out if you want to pass it. But there is no written order that I'm aware of. Chair Hardemon: Commissioner Russell, I know you want to be vocal on this issue. Vice Chair Russell: Thank you very much. I have not seen why the Fourth DCA would deny our amicus, but I don't feel that we should be involved anyway, especially not taking up to the Supreme Court. You know, this is a situation where, if a City does not follow its Code and that has a negative impact on the residents, it could be financial damage to loss of property value, quality of life, or whatever, that that resident does not have any ability to gain standing against that city. And so, there have been countering -- there are conflicting DCA opinions on this. I just -- I don't think we should jump into it. I do think that we take our cases as they come to us. But at some point, from a policy perspective, we should be fighting for our citizens to at least be able to get -- address their grievance with us, as a City, if we are not following our Code. And so, I'm happy to see this -- let this play out in the courts, however it ends up. If it ends up -- if they resolve the conflict between the DCAs and residents don't have that standing under any circumstance, it is what it is. But I don't think we should get involved against the residents of another city. Chair Hardemon: Madam City Attorney, you want to explain what the case, Peter Haver v. City of West Palm Beach is about? City of Miami Page 49 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Victoria Méndez (City Attorney): Basically, we would not get involved in -- we would get involved with regard to legal points. We would argue that the case in the Third District Court of Appeal, which is the Detourney case, should be the case law that is followed and not the Fourth DCA's case that came out with a different result. So it would be the City Attorney joining in -- the City of Miami joining in, in order to maintain the status quo in the Third District Court of Appeal. We're not doing anything else and getting involved in their case. We're not doing anything with regard to the facts of the case. We're just pointing out the law. It would be strictly legal issues. That's what amicus briefs are for. "Amicus" means friend of the court. It's just a type of brief that we would say, "Listen, the Third got it right; the Fourth got it wrong. We would like you to follow the law of the Third," and that's it. Chair Hardemon: Can you explain what law the Third DCA has come to over the past --? Ms. Méndez: Yes. So the Detourney case, which is the law that we followed in the Third District Court of Appeal basically says that the cities have -- that the courts should not get involved in whether or not a City enforces its code based on a separation of powers issue which is just constitutional, basic constitutional law. So what they have said is the City obviously should enforce its laws, but a court should not tell them to do so. The court should not get involved in those types of situations when the City may not enforce their laws. Chair Hardemon: So what harm do you see in the courts actually requiring the cities to enforce their laws? Ms. Méndez: The thing is that the harm that could come about is that sometimes there are reasons for when a City chooses not to enforce something. However, the harm is just people getting involved in situations that should probably be private matters, and not necessarily hauling in the cities to -- it's a financial -- it could be a huge financial detriment to cities. So if we don't maintain our present case law with regard to Detourney, simple mistakes in not enforcing something could be then detrimental to the City financially, as well. Chair Hardemon: So then what's -- what are the facts of Haver v. City of West Palm Beach? Ms. Méndez: The facts are Haver -- Give me one second. Okay. In that Haver -- the plaintiffs sued to require the City of West Palm Beach to enforce its single-family zoning classification. And the Fourth DCA reversed the dismissal of the claim, and the Fourth District then certified the conflict. The conflict is with our case law, which is the Detourney case. And in that one, it's actually -- the City of Coral Gables was involved in this case. The City of Coral Gables is also going to do an amicus brief. And in Detourney, the plaintiffs sued to require the City of Coral Gables to enforce its building and zoning code with regard to boat slips and boats that were -- a boat that was docked in one person's yard, and it was slightly going into another person's yard. And in that case, it technically should have been a civil matter (UNINTELLIGIBLE), but they were hauling in the City to be a part of the case. And that's when -- you know, those are situations when the City does not have to be involved. It is, obviously, in the best interest of the City. I understand Vice Chairman Russell and I - - this has been a fundamental debate between the two of us since he took office. I understand that he is always looking out for the residents. But, you know, sometimes, unfortunately, if mistakes are made or something is overlooked, we also have a financial duty and a fiduciary duty to the City and to the City's coffers, and to all the residents; not just a select group of residents. And sometimes, we have to make those hard decisions in order to resolve matters. Right now, the Detourney case in the Third District Court of Appeal is a very favorable case to municipalities. Remember City of Miami Page 50 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 that municipalities have limited resources when it comes to paying out lawsuits when it becomes involved in cases. And we also have a duty to try and keep good case law when we are able to do so, and that is why we wanted to join as an amicus brief. Again, we're not getting involved in a neighboring city's problems. All we're trying to do is maintain the status quo with regard to the Third District Court of Appeal and Detourney. Chair Hardemon: Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman. And thank you, Victoria. It's a perfect characterization. We have had philosophical differences on this issue. And here's where I'd make the case that, you know, if it's a situation of a dock where it should really be a civil matter and they shouldn't be able to drag the City in, I absolutely agree. And this body, as an elected body, has the ability to change our Code and change our ordinances, even change our zoning classifications and that goes through a public hearing process and a vote, and they hold us accountable. Beyond that, however, our Administration should be administering the Code. They should be enforcing the Code. And I really believe that our residents in a sense are in a contract with us when they buy their home in a neighborhood under certain zoning. And for lack of us changing that zoning through an official methodology that has a public hearing process and everything, we should be enforcing our Code. And if we don't, we are breaking that contract with those residents, and it could have a detrimental effect on their home values, on their quality of life. And it may change the reason of why they bought that property in the first place. So I'm on the side of a resident who wants to address that with a municipality and have standing to be able to do so, because cities should enforcing the code. I think we should spend less time trying to figure out how we keep them out of court when we violate the code and instead, we should be concentrating on not violating the code. We should really, really do everything we can to show our residents that we are setting the example that our Code is sacred, we mean business with whoever it is that's violating it, and obviously, that carries into an item that we have before us today that we'll be in a shade meeting on later. And how do we get out of these when a mistake is made? What do we do at that point? But there is in effect -- if we do get involved in an amicus either at this level or at the Supreme Court, we are in a sense asking for that status quo, which will change the way that case in Palm Beach is handled and for those residents there. And to me, that's none of our business. I don't think it sets a bad precedent for us. Even if the courts resolved in the opposite direction, I don't think it would be a bad thing for the people, either. I just don't think we should get involved. Chair Hardemon: Commissioner Reyes. Commissioner Reyes: Yes. After hearing both arguments, I tend to agree with Commissioner Russell. Our City has laws, and there are codes. And the codes are in the book to be enforced. And by experience, I can tell you that if you go around any of our districts, there is a bunch of our codes that are being violated. And if there is a complaint that we have here, is that we are not enforcing our codes. And although this does not mean a thing, this amicus curiae -- however you say it, excuse my Latin - - I think that enforce the laws that are in the books at all time. Ms. Méndez: Yes. The only thing that this case would do is -- it's one thing if the courts tells you to enforce laws. You can always choose to enforce your laws. And what this is doing is not telling a court of law to tell you what to do. You, as the Commissioners, can always do what you want. You can always make sure that there is an agenda to enforce certain things, not enforce certain (INAUDIBLE) -- City of Miami Page 51 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Chair Hardemon: I see, she froze. Commissioner Reyes: Yes. Mr. Min: I can -- Mr. Chair, if you want me to complete her sentence or I think the Commission may understand what her statement is that -- Ms. Méndez: Certain things take priority over (UNINTELLIGIBLE). something that I am totally against is what has been going on for a while, you see. That there are a lot of judges that are legislating from the bench, and that is a fact. That is a fact. I do officials what to do or legislate and create laws from the bench. But in the case of enforce our codes, that it is -- I think the residents they should have some sort of avenue that they can use to make us enforce our code, and that will be the courts. That is my point. So -- but this does not mean a thing, right? Ms. Méndez: It does. An amicus curiae briefs are always very important. They listen to other participants that have the same need to maintain the status quo, and in this case, we want to maintain our case law in the Third DCA that has been very favorable to the city. So that's why we really f one thing. Out of respect for the -- that please I want to know your opinion, you see, because I am turning to saying, "Yes, I want us to do it, but then the courts would have too much power." And I want to know, you see, if it is a happy medium. Mr. Chairman, please enlighten me. Commissioner Diaz de la Portilla: Counsel, you have the floor. Counsel, you have the floor. Chair Hardemo ami reason. And typically, you know, when she says that -- well -- instance, in the Third DCA has been -- has had favor towards the cities for resolving issues, I would say -- issues come up, if the city has favor in the issue it could be very important for the city. You ity to be dismissed. Some should be dismissed sooner than others. And some should actually, created. I think the best example of that -- remember -- I think it was earlier in this term when our Mayor -- you know, we were having issues about whether or not he had the right to veto certain actions of the Miami City Commission. And from that -- from the very beginning, I was like these are issues that we should litigate. We should know, right? And there's a reason why you don't want to know and there's a reason why you do want to know. And so it's who's willing to take that risk. And so I say that to you to say that what this does is just -- it's almost like scholarly writing to assist the finder in fact in making a decision. And it could have bearing on his decision and it could not. But moreover, what you should understand is that if the Fourth DCA, if their opinion prevails, then that becomes the law of the land, which means that the law that's been favorable to us in the Third DCA, which will be -- which is binding case law, wouldn't be binding anymore. It would be the new case law from another DCA that we would have to follow. And so, it -- you're basically, once again, tying City of Miami Page 52 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 the hands of our Legal Department in finding a solution that's beneficial to the City. And remember now, we wear more than one hat, right? We wear a hat that we advocate on the behalf of our residents. We do what's best to put them in the best condition that we can and improve their quality of life. But then we wear another hat, as well, right? We represent our cities. Commissioner Reyes: Yeah. Chair Hardemon: And the question is, you know, when a lawsuit happens, who are you representing? Are you on the behalf of the people that filed the lawsuit, or are you on the behalf of the City? I guess the answer is, it depends. It depends on what the issue is. And I think we all agree that our laws should be enforced, because I live in a single-family zoned area, and I want them to enforce all the restrictions that a single-family zoned area has. You know, it's not fair to me if someone builds another living quarter on their lot in a T3 area. That's not fair to me -- right? -- because I can't do it. It's against the law. It increases the density and all these things. And so, we should enforce those things. So I don't know what the facts are particularly in this case, but just from the argument that the City Attorney is making as far as the spirit of what the DCA has said in the Third DCA or the ruling of the DCA -- the Third DCA and it's favorable to the cities, you know, I would -- I'd lean towards taking the word of our City Attorney that this is something that you don't want to not participate in. It doesn't -- we will have no way of knowing whether or not -- that our argument is what won or lost their case. It doesn't really work like that. But what she said is that this is the type of issue that you want to be involved in, and you don't want someone else to make a decision without you (INAUDIBLE). Commissioner Reyes: Thank you. I take that as a motion, right? Commissioner Díaz de la Portilla: I'll second that. Chair Hardemon: The motion will come from Commissioner Reyes then, and a second from Commissioner -- from the Senator. Any further discussion? And it includes the -- well, you stated on the record what the motion was, which is to approve CA.8 -- Commissioner Reyes: CA.8. Commissioner Díaz de la Portilla: Correct. Chair Hardemon: -- (INAUDIBLE). Commissioner Reyes: That's right. Commissioner Díaz de la Portilla: Correct. Chair Hardemon: (INAUDIBLE). Vice Chair Russell: Mr. Chairman. Ms. Méndez: Since we were denied the -- Fourth -- since we've been told that we cannot actually participate in this, it would be amended to say we're going to -- we're willing to be an amicus all the way up to the Supreme Court if it goes that far. Chair Hardemon: Correct. They may not hear it. City of Miami Page 53 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Vice Chair Russell: It's a little higher than what's on -- what's written in the agenda right now. Ms. Méndez: Yes. Thank you, Vice Chairman, for articulating that when I froze. Chair Hardemon: Any further discussion? Hearing none, all in favor, say "aye." Commissioner Díaz de la Portilla: Aye. Commissioner Reyes: Aye. Chair Hardemon: All against? Vice Chair Russell: No. Chair Hardemon: Motion carries. END OF CONSENT AGENDA Chair Hardemon: Commissioners, are you ready? Okay, we have one. Let's see if I can get four. Okay, we have three. Let's see if I can get one more; one more, just one more. What I'll do, Commissioners, is I'll just take one motion so we can have some business done before we break for lunch. So I'll take the CA (Consent Agenda) agenda and the PH (Public Hearing) agenda. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Yes, you're recognized. Vice Chair Russell: There's a few items I'd like to pull on the CA agenda. Chair Hardemon: Okay. Vice Chair Russell: If we're going to have further discussion -- Chair Hardemon: To be discussed or --? Vice Chair Russell: -- you might want to break for lunch all together. Chair Hardemon: Okay, all right. So let's pull the one that you want to discuss. Vice Chair Russell: CA.4 is just a comment and a clarification. CA.5, I'd like to have a little discussion on there. And CA.8, I'm just going to vote "no" on. So it may not -- it actually may not be that long at all. So I'm -- if no one else wants -- Chair Hardemon: Yeah, how about now? Just try it now. Vice Chair Russell: Fair enough. Chair Hardemon: Because there's only three of us so go ahead. Vice Chair Russell: Fair enough. CA.4, I just want to make sure that the new RFP (Request for Proposals) includes the $15 an hour living wage things that you and I fought for years ago. I just want to make sure that this contract reflects that. I know we have a couple of Kent security officers here in our building here and one of them even has COVID, and I want to make sure that we're taking care of them from a City of Miami Page 54 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 financial perspective and wishing her the best from a health perspective. CA.5, unless the other Commissioners have an issue -- actually, I think CA.5's okay. CA.8 is -- I'm just intending to be a "no" vote. I don't believe that we should be getting involved in another city's issue with regard to their zoning fight with their residents. If a judge has given a resident standing on a code violation issue of that city, you know, I'm all about our residents having their voices being heard, and I don't want to be on the side of another city that's fighting its residents from having standing on an issue of them violating their code. We actually have some issues on our agenda today with that regard, so I'll just be a "no" vote on CA.8. That's it. Commissioner Reyes: Mr. Chair. Chair Hardemon: Yes, you're recognized. Commissioner Reyes: Okay. I just want to add to what Commissioner Russell said. We have Rosa who is -- was found with -- be positive with the coronavirus. And I will -- I want to know that anybody that it is -- has been found positive is -- even if they work with one of our contractors, if they are being taken care while they are sick, and if they are receiving their salaries. And I think we should demand on this new contract that any -- that that benefit be offered to them. Arthur Noriega (City Manager): All right. Mr. Chair, can I address those two? Chair Hardemon: Please, yes. Mr. Noriega: So on the living wage issue, yes, the current agreement proposal does include the living wage. And both to Commissioner Russell's and Commissioner Reyes, we have followed up with Kent relative to Rosa, and in particular, any employee and she is being paid while -- Commissioner Reyes: Good. Mr. Noriega: -- she's forced to quarantine. Commissioner Reyes: Good. Okay, thank you. Chair Hardemon: Okay. So then what I'll do is I'll ask for this body to have a -- to make a motion to approve the CA agenda, except for CA.8, and the PH agenda, except for PH.10, which was deferred. Commissioner Díaz de la Portilla: So move. Commissioner Reyes: I move it. Chair Hardemon: It's been properly moved. Commissioner Díaz de la Portilla: Second. Victoria Méndez (City Attorney): Mr. Chairman. Chair Hardemon: And second. Any further discussion? Todd B. Hannon (City Clerk): Chair. Ms. Méndez: Chairman? Chair Hardemon: First, City Clerk and then our City Attorney. City of Miami Page 55 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Mr. Hannon: Chair, PH.2 will need to be amended briefly. PH.2 will need to be amended to include Resolution R-20-0204. Chair Hardemon: Do the movers and seconders accept that -- Commissioner Reyes: Move it. Chair Hardemon: -- modification? Okay, seeing no objection -- well, Madam City Attorney. Ms. Méndez: Yes. On Item CA.8, we would need to amend it just to allow us -- Chair Hardemon: We're not voting on CA.8. CA.8 is not in this motion. Ms. Méndez: Okay. Chair Hardemon: Okay. Any further discussion? Commissioner Reyes: No. Chair Hardemon: All right. All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? The motion carries. Okay, so what we'll do now, gentlemen, we'll break for lunch. How about 3:30? I know I took you over your -- well, the public comment time took you over, so either we can go the two hours that we would normally do or add an additional 30 minutes to it. Commissioner Reyes: Fine with me, man. Vice Chair Russell: 3 o'clock. Chair Hardemon: 3 o'clock? Commissioner Díaz de la Portilla: 3:30 or 3 o'clock? How about 3 o'clock, unless you want to -- unless somebody needs two and a half hours. Vice Chair Russell: I think we're going to have a long day after this so -- Chair Hardemon: 3 o'clock. Because you know -- for people who don't realize, they think that we take all these extra-long breaks, but in all actuality -- Commissioner Díaz de la Portilla: We do work. Chair Hardemon: -- we do not. Commissioner Reyes: Yeah, we work. Chair Hardemon: Yeah. Commissioner Reyes: That's for sure. Chair Hardemon: All right. So I guess we'll be back at 3 o'clock. Commissioner Reyes: Okay, see you at 3 o'clock. City of Miami Page 56 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 PH - PUBLIC HEARINGS PH.1 RESOLUTION 7516 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING UNITED STATES DEPARTMENT OF HOUSING AND URBAN Department of DEVELOPMENT ("HUD") ENTITLEMENT GRANT FUNDS IN THE Housing and TOTAL AMOUNT OF $21,169,683.00 FOR THE FOLLOWING Community PROGRAMS IN THE FOLLOWING AMOUNTS: (1) $5,578,293.00 Development FOR THE COMMUNITY DEVELOPMENT BLOCK GRAN PROGRAM, (2) $3,545,756.00 FOR THE HOME INVESTMENT (3) $11,572,054.00 FOR THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS 3,580.00 FOR THE EMERGENCY SOLUTIONS GR PROGRAM YEAR 2020-2021; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0204 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item PH.1, please see "End of Consent Agenda. PH.2 RESOLUTION 7518 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING PROGRAM YEAR 2020-2021 Department of Housing and THE AMOUNT OF $5,578,293.00 IN THE PUBLIC SERVICE Community CATEGORY TO THE ACTIVITIES/DEPARTMENTS SPECIFIED IN Development EXHED AND INCORPORATED, BEGINNING OCTOBER 1, 2020; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0212 City of Miami Page 57 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item PH.2, please see "End of Consent Agenda. PH.3 RESOLUTION 7519 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING HOME INVESTMENT Department of PARTNERSHIP PROGRAM ("HOME") FUNDS IN THE AMOUNT OF Housing and $3,545,756.00 FOR HOUSING PROGRAMS FOR PROGRAM YEAR Community 2020-2021 AS MORE PARTICU Development ATTACHED AND INCORPORATED, FOR THE DEVELOPMENT OF AFFORDABLE HOUSING; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0213 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item PH.3, please see "End of Consent Agenda. PH.4 RESOLUTION 7520 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE ALLOCATION OF HOUSING Department of OPPORTUNITIES FOR PERSONS WITH Housing and PROGRAM FUNDS IN THE AMOUNT OF $11,572,054.00 FOR Community PROGRAM YEAR 2020-2021 AND THE AMOUNT OF $2,000,000.00 Development FROM THE PREVIOUS YEAR'S UNALLOCATED FUNDING, AS MORE PARTICULARLY SPECIF ATTACHED AND INCORPORATED, TO PROVIDE HOUSING ASSISTANCE AND HOUSING RELATED SERVICES TO LOW-INCOME INDIVIDUALS LIVING WITH HIV/AIDS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0214 City of Miami Page 58 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item PH.4, please see "End of Consent Agenda. PH.5 RESOLUTION 7528 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING THE CITY OF MIAMI'S ("CITY") Department of ANNUAL ACTION PLAN FOR FISCAL YEAR 2020-2021, Housing and ATTACHED AND INCORPORATED AS EXHIBIT "B"; FURTHER Community APPROVING THE ANALYSIS OF IMPEDIMENTS TO FAIR Development HOUSING CHOICE FOR FISCAL YEARS 2020-2024, ATTACHED AND INCORPORATED AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO SUBMIT THE ANNUAL ACTION PLAN FOR FISCAL YEAR 2020-2021 AND THE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020-2024 TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR REVIEW AND APPROVAL; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0215 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item PH.5, please see "End of Consent Agenda. City of Miami Page 59 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 PH.6 RESOLUTION 7529 A RESOLUTION OF MIAMI CITY COMMISSION ACCEPTING SECTION 8 HOUSING PROGRAM FUNDS IN THE PROJECTED Department of AMOUNT OF $5,276,000.00 FOR RENTAL ASSISTANCE Housing and PAYMENTS AND THE AMOUNT OF $448,000.00 FOR PROGRAM Community ADMINISTRATION, FOR A TOTAL PROJECTED AMOUNT OF Development $5,724,000.00, FOR PROGRAM YEAR 2020-2021 ANNUAL CONTRIBUTIONS FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0216 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item PH.6, please see "End of Consent Agenda. PH.7 RESOLUTION 7532 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING EMERGENCY SOLUTIONS Department of GRANT ("ESG") FUNDS FOR PROGRAM YEAR 2020-2021 IN THE Housing and AMOUNT OF $473,580.00, Community ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE Development CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0217 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item PH.7, please see "End of Consent Agenda. City of Miami Page 60 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 PH.8 RESOLUTION 7535 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY OF MI Department of ENTER INTO A MEMORANDUM OF Housing and WITH THE MIAMI- Community FOR NON-ELDERLY PERSONS WITH DISABILITIES WHO ARE Development HOMELESS, ARE AT RISK OF HOMELESSNESS, OR ARE PREVIOUSLY HOMELESS AND ARE CURRENTLY IN PERMANENT SUPPORTIVE HOUSING OR IN A RAPID REHOUSING PROJECT TO BE REFERRED TO THE CITY'S MAINSTREAM VOUCHER PROGRAM GUIDELINES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MOU, ATTACHED AND INCORPORATED AS EXHIBIT "A," IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0218 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item PH.8, please see "End of Consent Agenda. City of Miami Page 61 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 PH.9 RESOLUTION 7526 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Department of VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, Police CONFIRMING, A RECOMMENDATION AND WRITTEN FINDINGS PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS EXTENDED LENGTH SPORT UTILITY ROYAL RENT-A-CAR SYSTEMS OF FLORIDA, INC., A FLORIDA PROFIT CORPORATION ("ROYAL"), FOR SIX (6) CITY OF MIAMI POLICE DEPARTMENT ("POLICE") SERGEANT AT ARMS TO PERFORM THEIR DUTIES; ALLOCATING FUNDS FROM THE POLICE GENERAL ACCOUNT AND SUCH OTHER FUNDING SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AGREEMENTS, AMENDMENTS, RENEWALS, EXTENSIONS, AND REPLACEMENTS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI-DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0219 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item PH.9, please see "End of Consent Agenda. City of Miami Page 62 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 PH.10 RESOLUTION 7611 MAY BE DEFERRED Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Management VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY M RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND ANT TO SECTION 29- B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS ING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BASED UPON RESOLUTION NOS. R-16-0347 AND R- 16-0348 ADOPTED JULY 29, 2016 AND SUBSEQUENT SPECIAL ELECTION RESULTS OF TUESDAY, NOVEMBER 8, 2016 WHICH AUTHORIZED THE RELATED AMENDMENT OF THE CITY CHARTER AS CERTIFIED BY RESOLUTION NO. R-16-0618 ADOPTED DECEMBER 8, 2016 (COLLEC AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY AND DADE HERITAGE TRUST, INC., A NOT-FOR-PROFIT CORPORATION ORGANIZED UNDER STATE OF FLORIDA LAWS, FOR THE CITY-OWNED BUILDING LOCATED AT 190 SOUTHEAST 12TH TERRACE, MIAMI, FLORIDA 33131 FOR A TERM OF THIRTY (30) YEARS WITH TWO (2) THIRTY (30) YEAR RENEWALS, FOR MINIMUM ANNUAL RENT OF SIX HUNDRED DOLLARS ($600.00) IN MONTHLY INSTALLMENTS OF FIFTY DOLLARS ($50.00), WITH CONSUMER PRICE INDEX ADJUSTMENTS, AND WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS TO THE PROPERTY, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY TO BE SET FORTH IN SAID AGREEMENT IN ACCORDANCE WITH THE APPROVALS. MOTION TO: Continue RESULT: CONTINUED 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 PH.10 was continued to the September 24, 2020, City Commission Meeting. For minutes referencing Item PH.10, please see "Order of the Day." END OF PUBLIC HEARINGS City of Miami Page 63 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 RE - RESOLUTIONS RE.1 RESOLUTION 7467 A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI ("CITY") Office of FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020 AND Management and ENDING SEPTEMBER 30, 2021; AUTHORIZING AND DIRECTING Budget THE CITY MANAGER TO SUBMIT BOTH SAID PROPOSED MILLAGE RATE AND THE STATUTORILY DEFINED ROLLED BACK MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE MIAMI-DADE COUNTY TAX COLLECTOR TOGETHER WITH THE DATE, TIME, LOCATION, OR VIRTUAL MEETING FORMABLIC BUDGET HEARING AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE CITY'S TENTATIVE BUDGET FOR SAID FISCAL YEAR AND THE DATE, TIME, LOCATION, OR VIRTUAL MEETING FORMAT OF THE CI HEARING. ENACTMENT NUMBER: R-20-0221 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Chair Hardemon: Okay. Gentlemen, we are -- we have -- we can move on with the RE (Resolution) agenda if you'd like. Are there some that you think you want to take that maybe we can dispose of? Let me see. Well, I guess we'll just go in order. Let's just -- RE.1. Vice Chair Russell: I'll move it. Chair Hardemon: RE.1, setting the -- Vice Chair Russell: Can I create a motion, Mr. Chairman? Chair Hardemon: Yeah, you can create a motion if you'd like. Vice Chair Russell: Yeah. So I'll be happy to move both RE.1 and RE.2. Commissioner Reyes: I second it. Chair Hardemon: Moved and second to approve RE.1 and RE.2. Todd B. Hannon (City Clerk): Chair? Chair Hardemon: Is there any discussion? You're recognized, Madam City Attorney. Victoria Méndez (City Attorney): Thank you, Chairman. Remember that we also have RE.12, which talks about the location of the budget meeting. I believe that City of Miami Page 64 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 there may be some concern about having finally an in-person, so I wanted to see if you could take all of them together; RE.1, RE.2 and RE.12 so that we can modify the location as to RE.1 and 2. Commissioner Reyes: If Commissioner Russell includes that, I will second it, also. Vice Chair Russell: Yes, of course. We can take up -- Mr. Hannon: I'm sorry, Chair. Vice Chair Russell: -- RE.1, 2 and -- Mr. Hannon: -- Madam City Attorney, my apologies. Chair Hardemon: Yes. Mr. Hannon: It's my understanding or at least -- Commissioner Díaz de la Portilla: You need to put your volume up. Chair Hardemon: Yeah, I don't know. Something -- you have a mike problem today. Mr. Hannon: Is that any better? No? Chair Hardemon: No. Commissioner Díaz de la Portilla: Just scream, Todd. Ms. Méndez: Todd, it sounds like you have an air-conditioning next to your microphone -- Chair Hardemon: Yeah, it sounds like some air coming in. Ms. Méndez: -- like a little fan or something. Mr. Hannon: Understood. Is that any better? Ms. Méndez: That is 50 times better. Was there a little fan? Mr. Hannon: Yes. Thank you, Madam City Attorney. So it's my understanding that RE.12 may be withdrawn and that RE.1 and RE.2 would be admitted to just use Miami City Hall as the location for these hearings. Ms. Méndez: That's what we're trying to figure out, but thank you for saying it better than I did. Commissioner Reyes: Okay. Chair Hardemon: Well, then I want to clarify what the motion is then. Is the motion --? Commissioner Díaz de la Portilla: So the motion will be to withdraw RE.12? Commissioner Reyes: Well, we have -- Commissioner Díaz de la Portilla: Can we just split it up in two motions? That way it's less confusing. Just -- City of Miami Page 65 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Reyes: That's right. Ms. Méndez: Right, but the only thing -- Commissioner Díaz de la Portilla: Move to withdraw RE.12. Commissioner Reyes: I'll second. Chair Hardemon: Well, there's a motion on the floor right now. The first motion -- Commissioner Reyes: No, there's a motion for 1 and 2. Chair Hardemon: Right, the motion is to approve -- Commissioner Reyes: That's right. Chair Hardemon: -- 1 and 2. That's the motion on the floor. Commissioner Reyes: Let's vote on it. Commissioner Díaz de la Portilla: Okay. Ms. Méndez: So -- but that's why I brought up RE.12; that if you are planning to have a City Hall meeting and not an Artime meeting, we need to amend RE.1 and -- Commissioner Díaz de la Portilla: The problem, Mr. Chair, if I may, is that I think RE.1 and RE.2 include language that mentions Manuel Artime Theater. Ms. Méndez: Yes. Commissioner Díaz de la Portilla: So that's why -- that's what the issue is, right? Vice Chair Russell: So, as the mover, I'd accept an amendment on RE.1 and RE.2 to revert it back to City Hall for those meetings, or virtual, as allowed by the Governor. Ms. Méndez: Thank you. Commissioner Reyes: I will second that. Chair Hardemon: Okay. So the mover and the seconder agree to that. So that amends the motion -- well, actually modifies Resolutions RE.1 and RE.2. Commissioner Reyes: Okay. Chair Hardemon: Okay. Any further unreadiness on that issue? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Commissioner Reyes: Okay. City of Miami Page 66 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 RE.2 RESOLUTION 7556 A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A PROPOSED MILLAGE RATE FOR THE MIAMI DOWNTOWN Downtown DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA Development OR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020 Authority AND ENDING SEPTEMBER 30, 2021; AUTHORIZING THE EXECUTIVE DIRECTOR TO SUBMIT SAID PROPOSED MILLAGE RATE AND STATUTORILY DEFINED ROLLED-BACK RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND TAX COLLECTOR TOGETHER WITH THE DATES, TIMES, LOCATIONS, OR VIRTUAL MEETINGS FORMAT OF THE PUBLIC HEARINGS AT WHICH THE CITY COMMISSION WILL CONSIDER BUDGET, THE TENTATIVE MILLAGE, FINAL MILLAGE, AND FINAL BUDGET FOR SAID FISCAL YEAR. ENACTMENT NUMBER: R-20-0222 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item RE.2, please see Item RE.1. RE.3 RESOLUTION 7586 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING AND ADOPTING THE Liberty City SUPPLEMENTAL BUDGET OF THE LIBERTY CITY COMMUNITY Community REVITALIZATION TRUST, ATTACHED AND INCORPORATED AS Revitalization Trust EXHIBNT OF NINE HUNDRED EIGHTY-FIVE THOUSAND, FIVE HUNDRED TWENTY-FIVE DOLLARS ($985,525.00) FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2019 AND ENDING SEPTEMBER 30, 2020. ENACTMENT NUMBER: R-20-0223 MOTION TO: Adopt RESULT: ADOPTED 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: For additional minutes referencing Item RE.3, please see "Public Comments for All Item(s)." Chair Hardemon: The Chair would accept a motion to approve RE.3. Vice Chair Russell: So moved. Commissioner Díaz de la Portilla: So moved. Commissioner Reyes: Second. City of Miami Page 67 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Chair Hardemon: Thank you. Any discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. RE.4 RESOLUTION 2525 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE CITY MANAGER'S Department of Real RECOMMENDATION APPROVING THE FINDINGS OF THE Estate and Asset SELECTION COMMITTEE THAT VIRGINIA KEY, LLC, Management ("PROPOSER") IS THE TOP RANKED PROPOSER FOR REQUEST FOR PROPOSALS NO. 16-17-011, LEASE OF CITY OF MIAMI-OWNED WATERFRONT PROPERTY FOR MARINAS/RESTAURANT/STORE USES LOCATED AT APPROXIMATELY 3301, 3605, 3501, 3311, & 3511 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE ("LEASE"), SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY ATTORNEY AS TO FORM AND CORRECTNESS, FOR AN INITIAL TERM OF FORTY-FIVE (45) YEARS, WITH TWO FIFTEEN (15) YEAR RENEWAL TERMS AND PAYMENT OF A MINIMUM GUARANTEED ANNUAL RENT EQUAL TO TWO MILLION TWO HUNDRED THOUSAND DOLLARS ($2,200,000) INCREASED ANNUALLY BY THE GREATER OF 3% MATELY TWO HUNDRED THREE MILLION NINE HUNDRED EIGHTY FOUR THOUSAND SIXTY DOLLARS ($203,984,060.00) OVER THE INITIAL TERM; SIX PERCENT (6%) OF GROSS REVENUES; APPROXIMATELY EIGHTY MILLION DOLLARS ($80,000,000.00) PRIVATELY FUNDED INVESTMENT TO REDEVELOP THE MARINA IN AN ENVIRONMENTALLY SENSITIVE MANNER, INCLUDING BOAT STORAGE, RESTAURANTS, RETAIL, AND PUBLIC PARKING; FURTHER PROVIDING THAT THE EXECUTION OF THE LEASE IS SUBJECT TO THE APPROVAL OF A MAJORITY OF THE VOTES CAST BY THE ELECTORATE AT A REFERENDUM SPECIAL ELECTION; FURTHER CLARIFYING THAT SUCH AWARD OF THE RFP DOES NOT CONFER ANY CONTRACTUAL RIGHTS UPON PROPOSER UNTIL SAID FAVORABLE REFERENDUM HAS OCCURRED AND A CONTRACT IS ENTERED INTO, AS REQUIRED BY THE CITY CHARTER. MOTION TO: 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.4 was deferred to the October 8, 2020, City Commission Meeting. For minutes referencing Item RE.4, please see "Order of the Day." City of Miami Page 68 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 RE.5 RESOLUTION 2526 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING PROVISIONS FOR A REFERENDUM Department of Real SPECIAL ELECTION TO BE HELD CONCURRENTLY Estate and Asset ________________ ON _____________ FOR THE PURPOSES OF Management SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF THE CITY BE AUTHORIZED TO LEASE APPROXIMATELY 27.5 ACRES OF LAND ON VIRGINIA KEY TO VIRGINIA KEY, LLC FOR A 45-YEAR INITIAL TERM WITH TWO 15 YEAR RENEWALS; MINIMUM ANNUAL GUARANTEED RENT OF $2,200,000.00 (WITH ESCALATIONS) TOTALING APPROXIMATELY $203,984,060 OVER THE INITIAL TERM; 6% OF GROSS REVENUES; APPROXIMATELY $80,000,000.00 PRIVATELY FUNDED INVESTMENT TO REDEVELOP THE MARINAS IN AN ENVIRONMENTALLY SENSITIVE MANNER, INCLUDING BOAT DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; AUTHORIZING AND DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY PURSUANT TO APPLICABLE LAW. MOTION TO: 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.5 was deferred to the October 8, 2020, City Commission Meeting. For minutes referencing Item RE.5, please see "Order of the Day." City of Miami Page 69 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 RE.6 RESOLUTION 7641 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Department of Real NEGOTIATE AND EXECUTE A SECOND MEMORANDUM OF Estate and Asset UN, IN A FORM ACCEPTABLE Management TO THE CITY ATTORNEY, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE CITY OF MIAMI TO COLLABORATE IN THE DEVELOPMENT AND COORDINATION OF THE I-395 HERITAGE TRAIL/SIGNATURE BRIDGE UNDERDECK PROJECT LOCATED ALONG I-395/STATE ROAD 836 BETWEEN NORTHWEST 3RD AVENUE AND BISCAYNE BAY, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS AS MAY BE NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN FURTHERANCE OF THE TERMS AND CONDITIONS OF THE SECOND MOU. ENACTMENT NUMBER: R-20-0224 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Chair Hardemon: RE.6 Vice Chair Russell: I'll move it. Chair Hardemon: Properly moved. Commissioner Díaz de la Portilla: Second. Commissioner Reyes: I have -- okay, it's been moved and seconded. I have a question on it. Chair Hardemon: You're recognized. Commissioner Reyes: And we have entered in a MOU (Memorandum of Understanding) with FDOT (Florida Department of Transportation) for the Underdeck Project. But I have a question that deals with maintenance of that area. I want to know who's going to maintain that, because this is for construction only. If I -- the way that I understand it. Mr. Noriega, this is only construction? Arthur Noriega (City Manager): Yes, sir. This has to do with the design. Commissioner Reyes: Design? Mr. Noriega: Correct. Commissioner Reyes: And -- but it's not -- design, construction, and (INAUDIBLE), right? Mr. Noriega: Ultimately, the idea is that there would be under some form -- whether it be us directly as the City under a conservancy of some shape or form, but there City of Miami Page 70 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 would be a maintenance agreement or operating agreement with DOT (Department of Transportation) to operate and maintain that right-of-way. Commissioner Reyes: Okay. Mr. Noriega: That would fall to the City. Commissioner Reyes: Without any expense to the City, right? Or the City will be responsible for maintaining the -- Mr. Noriega: That's always been the plan, correct. But the idea would be to create - - Commissioner Reyes: A conservancy. Mr. Noriega: -- a conservancy or some sort of entity, or the City do it themselves. We haven't worked through those logistics yet. Hopefully, that maintenance plan most of it will actually be self-supported -- Commissioner Reyes: That's -- Mr. Noriega: -- by revenues. Commissioner Reyes: -- that is the hope, that there's going to be so many businesses over there and all of that. But that is a forecast that we don't have no assurance that's going to happen. Mr. Noriega: Correct, not -- as of right now, we don't. Commissioner Reyes: We don't have it. Mr. Noriega: All this is, is an MOU, anyway. It's not binding. Commissioner Reyes: Okay. Mr. Noriega: So we're not making any commitments as of right now. Commissioner Reyes: Okay. Let's vote. Mr. Noriega: It doesn't have any financial implications. Commissioner Reyes: Okay, that's it. Chair Hardemon: Any further unreadiness? Vice Chair Russell: Yes, Mr. Chairman. Chair Hardemon: You're recognized. Vice Chair Russell: I thought Commissioner Reyes was going to offer that they cover the maintenance of the underdeck once it's complete. Commissioner Reyes: No way. No, sir. Vice Chair Russell: No. My question -- my comment has to do with the Biscayne Boulevard crossing. In the briefings that I've had and the designs that I've seen, I don't believe that it is the safest potential crossing where the majority of people that City of Miami Page 71 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 will be arriving from either the museums or for a park or the bay walk, or most importantly, the Metromover station, which is the only connection to the underline from free public transit -- if I'm not mistaken -- there is not a very good, well thought out safe crossing that -- I think it could be done better. And if it hasn't already -- I just haven't seen that briefing. I just want to make sure that as we enter this MOU, we prioritize that crossing in the design phase and make sure it is a safe, inviting, well-lit, well-marked, you know, speed controlled crossing of Biscayne Boulevard, because it could be dangerous; that's all. Commissioner Reyes: Okay. Mr. Noriega: Yes, sir. We are definitely sensitive to that. Vice Chair Russell: Thank you. Commissioner Díaz de la Portilla: And Mr. Chair. Chair Hardemon: Senator. Commissioner Díaz de la Portilla: I agree with Commissioner Russell that that's a concern that I have, as well. But my understanding that what we're doing here today is only meeting an FDOT deadline for the MOU -- Commissioner Reyes: That's right. Commissioner Díaz de la Portilla: -- that we're not doing -- that we still have ample time to have the conversation about some of the changes. I'm not pleased with the design of the underdeck, not only in the Biscayne Boulevard crossing, but in other parts, in the western part of the park that I have some concerns about. But I think we're going to have an opportunity to have that conversation as we move forward. All we're doing today -- and correct me if I'm wrong, Manager -- is approving the MOU that's not binding, and to meet an FDOT deadline, I think September 1; is that correct? Mr. Noriega: Correct. Commissioner Reyes: Okay. Commissioner Díaz de la Portilla: Okay. Chair Hardemon: Any further unreadiness? Commissioner Díaz de la Portilla: And before -- and something else I think that perhaps Commissioner Reyes and I, the Omni CRA (Community Redevelopment Agency), and the Downtown Development Authority can share some of that cost, or perhaps, you could find a public/private partnership to do the maintenance down the line; just food for thought as we move forward. Commissioner Reyes: That is a good suggestion. And I know that we -- I'm looking forward to working together with your CRA and see what we can do. Commissioner Díaz de la Portilla: Me, too. And I'm looking forward to you working with my younger brother, too there at the Downtown Development Authority pretty soon. Commissioner Reyes: That's a possibility. City of Miami Page 72 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Díaz de la Portilla: It's a real possibility. I think Commissioner Russell will stay silent on that one. I think (INAUDIBLE) item. Vice Chair Russell: I'm not touching that one. Commissioner Díaz de la Portilla: You're not touching that one? I know. Commissioner Reyes: Okay. Chair Hardemon: Any further discussion? Commissioner Reyes: No. Chair Hardemon: Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Commissioner Reyes: Yes. RE.7 RESOLUTION 7517 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Department of ACCEPT A GRANT AWARD FROM THE UNITED STATES Police DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSIS $914,031.00 TO SUPPORT A BROAD RANGE OF ACTIVITIES TO PREVENT, PREPARE FOR, AND RESPOND TO THE NOVEL - SPECIAL REVENUE PROJECT TI CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING EXECUTE THE GRANT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE BJA FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE, ADMINISTRATION OF, AND COMPLIANCE WITH SAID GRANT AWARD. ENACTMENT NUMBER: R-20-0225 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Chair Hardemon: RE.7. Is there a motion? Commissioner Reyes: Move it. Commissioner Díaz de la Portilla: Moved -- second. City of Miami Page 73 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Chair Hardemon: Properly moved and seconded. Any discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. RE.8 RESOLUTION 7511 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A SUBAWARD FROM MIAMI- Department of DADE COUN Police LAW ENFORCEMENT GRANT TO FUND OPERATION BLUE AND BROWN IN THE AMOUNT OF $165,000.00; ESTABLISHING A TION BLUE AND BROWN $165,000, FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO RETROACTIVELY ENTER INTO AN SUBAWARD AGREEMENT FOR MIAMI-DADE COUNTY OPERATION BLUE AND BROWN ATTACHED FORM, WITH THE COUNTY FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL ADDITIONAL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE, ADMINISTRATION OF, AND COMPLIANCE WITH SAID SUBAWARD. ENACTMENT NUMBER: R-20-0226 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Chair Hardemon: Now we have RE.8. Commissioner Díaz de la Portilla: Moved. Commissioner Reyes: Second. Chair Hardemon: Been properly moved and seconded. Any discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. City of Miami Page 74 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 RE.9 RESOLUTION 7571 A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO OBJECTION AND SUPPORTING THE PLACEMENT OF A Department of FLORIDA HISTORICAL MARKER DESIGNATING THE PORTION Resilience and OF THE PUBLIC RIGHT-OF-WAY LOCATED AT APPROXIMATELY Public Works 3749-3701 PLAZA STREET, MIAMI, FLORIDA, AT THE SOUTHWEST CORNER OF PLAZA STREET AND PALMETTO THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. ENACTMENT NUMBER: R-20-0227 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Commissioner Reyes: Move RE.9. Chair Hardemon: It's been properly moved. Commissioner Díaz de la Portilla: Second. Chair Hardemon: Been seconded. Any discussion? Vice Chair Russell: Yes; questions, please. Chair Hardemon: You're recognized. Vice Chair Russell: I had asked during my briefing if we could get some further information as what would be written on the historical marker, because the backup doesn't actually state any of the actual verbiage or the historical significance of that intersection or that area. So I just wanted to make sure we knew what we were voting on. Did the Administration have anything on that? Arthur Noriega (City Manager): Zerry should pop up in a minute here. Maybe he has some additional information on that. There he is. Right in front of the -- Chair Hardemon: The signature bridge. Mr. Noriega: Yeah, he's right there. He's working on the crossing at Biscayne Boulevard. Commissioner Díaz de la Portilla: Yeah, that's the underdeck. Mr. Noriega: He might get hit, because the crossing is so unsafe right now. Chair Hardemon: Dr. Ihekwaba, you're recognized. Nzeribe Ihekwaba (Assistant City Manager): Good afternoon, Commissioners. The applicants for this item have not yet provided the City with the appropriate language as approved by the State for placement at that location. My recommendation will pass -- will be to pass this legislation subject to the City receiving the language and the approval by the City Attorney's Office. City of Miami Page 75 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Vice Chair Russell: I would agree if the -- I'll offer that friendly amendment if the mover accepts. Commissioner Reyes: I do accept that. Victoria Méndez (City Attorney): Can it not be the City Attorney's Office and maybe the Manager's office? Because I believe you had a concern on the naming. I think that's a little more administrative than legal. Commissioner Reyes: Yes. Mr. Ihekwaba: We don't have any problem reviewing and approving the language, but I just want to make for legal sufficiency that the City Attorney's Office opines on it. Ms. Méndez: Okay, then you could say both of us, but not just me, because it's -- I don't get to pick names. Mr. Ihekwaba: Okay. We can call it -- Vice Chair Russell: We would vote on it, once again, once that verbiage comes about. Chair Hardemon: No. Mr. Ihekwaba: No, no, just subject to. Ms. Méndez: Right. They were saying, "subject to"; that's why I didn't want to make that decision. It's a -- you know -- an administrative duty in that regard. Vice Chair Russell: All right. I'd like to be involved, as well, if you could just circle back with my office, because I just simply haven't seen what the historic significance of that sign is implying. I know exactly where it is and what it's trying to do, and I'm supportive of that. I just want to make sure we get the wording right. And it does state that it's a park, where it's not technically a park. So there's a few things to work on there, so we'll get there. Commissioner Reyes: Okay. Vice Chair Russell: I'm fine with it as written with the amendment. Chair Hardemon: All right. Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. City of Miami Page 76 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 RE.10 RESOLUTION 7638 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A FEDERALLY-FUNDED Department of Fire- SUBAWARD AND GRANT AGREEMENT ("GRANT") FROM THE Rescue UNITED STATES DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY PASSED THROUGH THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT TO THE CITY OF MIAMI FOR REIMBURSEMENT OF EXPENSES ATTRIBUTABLE TO THE NOVEL CORONAVIRUS PANDEMIC; ESTABLISHING A NEW SPECIAL REVENUE CONSISTING OF SAID GRANT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE, ADMINISTRATION OF, AND COMPLIANCE WITH SAID GRANT. ENACTMENT NUMBER: R-20-0228 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: RE.10. Commissioner Reyes: RE.10. Commissioner Díaz de la Portilla: Move. Commissioner Reyes: Second. Chair Hardemon: It's been properly moved and seconded. Any discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. RE.11 RESOLUTION 7404 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL Office of the City SETTLEMENT DOCUMENTS, ALL IN A FORM ACCEPTABLE TO Attorney THE CITY ATTORNEY, WITHOUT ADMISSION OF LIABILITY, IN SETTLEMENT OF THE CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AS MORE SPECIFICALLY DETAILED IN THE SETTLEMENT AGREEMENT, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED 3384 DAY AVENUE INVESTMENTS, INC. VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 2019-23993-CA-11. ENACTMENT NUMBER: R-20-0240 City of Miami Page 77 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Diaz de la Portilla, Carollo, Reyes NAYS: Russell Note for the Record: For directive referencing RE.11, please see Item NA.10. For additional minutes referencing Item RE.11, please see "Public Comments for All Item(s) and Item NA.10." Chair Hardemon: And we are now addressing RE.11; the settlement of 3384 Day Avenue Investments. Is there any Commissioner who would like to be recognized? Commissioner Carollo: I would like to make a motion that we instruct the City Attorney to settle this at zero cost to the City. Todd B. Hannon (City Clerk): My apologies, Mr. Chair. Madam City Attorney, is this a motion to deny RE.11, or is RE.11 -- Commissioner Díaz de la Portilla: To settle. Mr. Hannon: -- Victoria Méndez (City Athe settlement. Mr. Hannon: Okay; as is, no amendments? Commissioner Reyes: Yes, I -- and one amendment: That we start an investigation of what went on in this -- I mean, historic investigation, what was going on with Building and Code and Planning, and all of that. Commissioner Reyes: And Zoning. You know, we -- what we want to do is investigate what went wrong. Commissioner Carollo: Yeah. Commissioner Reyes: What went wrong? -- and if, while we are in the process of investigating what went wrong, we can find other instances in which was -- -- -- that is my amendment. Ms. Méndez: Understood. Commissioner Reyes: Okay. Chair Hardemon: Any further discussion? City of Miami Page 78 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Reyes: No. \[Later\] Chair Hardemon: I'll take th Commissioner Díaz de la Portilla: Aye. Chair Hardemon: All against? Vice Chair Russell: No. Chair Hardemon: Motion carries. Ms. Méndez: Thank you. Commissioner, now you could go. Commissioner Carollo: Thank you. Good night, all. Commissioner Díaz de la Portilla: Good night, Commissioner. Commissioner Reyes: And you go straight home. Commissioner Díaz de la Portilla: Commissioner Reyes: You know that -- what? Are you reminiscing with that background? Commissioner Díaz de la Portilla: You like that? Commissioner Reyes: I love it. I love it. Commissio Commissioner Reyes: Remember that I worked in Tallahassee. Commissioner Díaz de la Portilla: I got so much de ja vu -- Commissioner Díaz de la Portilla: -- from those budget conversations today that I a Senate, the shell game -- right? -- with the budget. Commissioner Reyes: Yeah. I remember when I went there, too, and I watched you in action. Commissioner Díaz de la Portilla: Remember that? We had a good time up there. s right. Commissioner Díaz de la Portilla: It was a long time; long time, Commissioner. Chair Hardemon: Was there anyone who called in for public comment on the last two items that we announced; the pocket items? City of Miami Page 79 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Manuel Otero (Web Administrator, Innovation and Technology): No. -- Ms. Méndez: Chairman? Chair Hardemon: Yes. Ms. Méndez: I just wanted to remind everyone that you've been receiving public comment all along in the forms that are part of the record. Everything is a part of the record. Thank you. Chair Hardemon: Okay. RE.12 RESOLUTION 7601 A RESOLUTION OF THE MIAMI CITY COMMISSION CHANGING THE LOCATION OF THE SEPTEMBER 10, 2020 REGULAR CITY Commissioners COMMISSION MEETING TO THE MANUEL ARTIME THEATER and Mayor LOCATED AT 900 SOUTHWEST 1ST STREET, MIAMI, FLORIDA BEGINNING AT 9:00 A.M. DUE TO RESTRICTIONS RELATED TO - PURSUANT TO SECTION 2-32 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Chair Hardemon: Now, there was a motion to withdraw RE.12? Commissioner Reyes: Move it. Commissioner Díaz de la Portilla: So moved. Commissioner Reyes: Second. Chair Hardemon: It's properly moved and seconded. Any discussion regarding that issue? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion carries. City of Miami Page 80 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 RE.13 RESOLUTION 7639 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND Commissioners EXECUTE AN INTERLOCAL AGREEMENT, ANY AMENDMENTS, and Mayor MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI-DADE COUNTY ("COUNTY") AND, IF NECESSARY, THE CITY OF CORAL GABLES FOR THE DEVELOPMENT OF THE COMMODORE TRAIL MASTER PLAN AND THE CONSTRUCTION OF THE PORTION OF THE COMMODORE TRAIL WITHIN THE LIMITS OF THE CITY OF MIAMI ("CITY"); FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT, ALLOCATE, AND APPROPRIATE FUNDS FROM THE COUNTY THROUGH AMOUNT NOT TO EXCEED ONE MILLION, SEVEN HUNDRED SEVENTY-EIGHT THOUSAND DOLLARS ($1,778,000.00) FOR THE DEVELOPMENT OF THE COMMODORE TRAIL MASTER PLAN AND THE CONSTRUCTION OF THE PORTION OF THE COMMODORE TRAIL WITHIN THE CITY'S LIMITS. ENACTMENT NUMBER: R-20-0229 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item RE.13, please see "Order of the Day." For additional minutes referencing Item RE.13, please see "Public Comments for All Item(s)." Chair Hardemon: Let's go to RE.13. Commissioner Díaz de la Portilla: Moved. Commissioner Reyes: Second. Chair Hardemon: Properly moved and seconded. Any discussion? Commissioner Díaz de la Portilla: Let's have -- I moved it just for discussion purposes. Can you -- can our Manager explain in detail what the interlocal does? Commissioner Reyes: That's what I wanted to know, so I'm sure that -- Commissioner Díaz de la Portilla: I just moved it for discussion purposes. Commissioner Reyes: -- and -- Commissioner Díaz de la Portilla: If I'm not happy with the explanation, I'll withdraw my motion. City of Miami Page 81 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Reyes: -- I just want to be informed what goes from where to where and what is it, you see. What's the significance of this? Because I don't quite understand this. Nzeribe Ihekwaba (Assistant City Manager): Again, Zerry Ihekwaba. The interlocal agreement is between the City of Miami and the City of Coral Gables, and Miami- Dade County. The terms of the interlocal is for the City to receive the total of $1.778 million from the Office of the County Commissioner Xavier Suarez for the development of a master plan for the Commodore Trail, starting from the boundary of the City of Miami and City of Coral Gables, at an approximate location of Main Highway and Douglas, and also coming about four and a half miles within the City limits. And Coral Gables would be responsible for the remainder of one half of a mile. The total corridor is about five miles. The City will be the lead entity for the master-planning as well as for the design, development, and construction of the Commodore Trail. We have structured the agreement to mean that if there are any costs overrun, the County would be responsible for that. Remember that this is a County corridor -- County-maintained and jurisdictionally-controlled public street. It's not a City of Miami roadway. So our responsibility is simply to warehouse the funds and take the lead in the development of the master plan, as well as for the construction. Commissioner Reyes: But it's not going to cost anything, right? Mr. Ihekwaba: Advisably, our position is it's not going to cost the City of Miami money. Commissioner Reyes: And where that goes; from where to where, and where does it run? Excuse my ignorance, but I have never traveled on this knowingly. Maybe I have. Mr. Ihekwaba: The City limit is approximately at the location of Main Highway where it intersects with Douglas, which is the Southwest 37th Avenue, where it makes that curve. Commissioner Reyes: But is this a street or it's a -- Mr. Ihekwaba: Main Highway. It's Main Highway. Commissioner Reyes: Oh, Main Highway. Oh, come on. You should've said that before. Okay. Chair Hardemon: Vice Chairman and then Senator. Commissioner Díaz de la Portilla: This is -- I have a question -- Vice Chair Russell: Thank you, Zerry. Commissioner Díaz de la Portilla: -- to Zerry. Vice Chair Russell: Certainly would like to thank Commissioner Xavier Suarez for, you know, investing in the Commodore Trail. It is -- if you picture right where Rickenbacker Causeway meets Bayshore Drive there and it runs all the way past Mercy, all the way right in front of City Hall -- Commissioner Reyes: Yes. Vice Chair Russell: -- in front of all the parks. That's that jogging/cycling trail. City of Miami Page 82 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Reyes: Okay. Vice Chair Russell: And you'll see once or twice a year all the boy scouts walking it. It has a lot of missing points. It has a lot of dangerous points. And so, this would help shore that up, and this can also be in conjunction with the County money that's being used to update Bayshore Drive as a whole, from Aviation down to Mercy Hospital, where we'll be widening, adding lanes, jogging and things like that. So this is found money for a street that goes through our City which is pretty important. And it's great that we'll have the control of design, but we get to spend someone else's money. Commissioner Díaz de la Portilla: But I have a question. Commissioner Reyes: We're not going to touch the street. The street's not going to be touched. Chair Hardemon: Commissioner Reyes, let me allow the Senator to speak. Commissioner Reyes: Yes, I'm sorry. Chair Hardemon: Senator. Commissioner Díaz de la Portilla: So it goes all the way to -- this 1.7 million allocation or gift, 1.778 million from Commissioner Suarez, it's to -- for that -- is it that part that goes to 37th Avenue and turns, or is it for the eastern part? Is it for the western part or the eastern part, or does it not designate any particular section? Mr. Ihekwaba: It's not designated. And I think the proposal is to simply, you know, adopt the current location of the trail, which is on the eastern corridor of the roadway. The Coral Gables -- Commissioner Díaz de la Portilla: Yeah. But the way Commissioner Russell explained it, it starts all the way from Key Biscayne -- the outside of Key Biscayne or the entrance of Key Biscayne all the way to 37th Avenue. And that's what the Commodore Trail is -- right? -- the whole trail. Mr. Ihekwaba: Yeah, that's what it is. But however, we are responsible for the segment that is only within the City of Miami. Commissioner Díaz de la Portilla: Correct. That's what I asked. So what -- sorry, let me finish the question and then you can answer and then -- so we don't talk over each other. The -- Commissioner Suarez is leaving office, so he's allocating these remaining dollars that he has for this. Mr. Ihekwaba: Yes. Commissioner Díaz de la Portilla: Commissioner, I think you had explained that it was where -- Zerry, you said where it made that turn on 37th Avenue, which by the way is a very dangerous turn. Mr. Ihekwaba: Yes, it is. Commissioner Díaz de la Portilla: So my concern -- even though it's County maintained and it's County money and it's found money and all that -- is that a lot of City residents traverse that road, right? And does this create any --? So I would like to have some more knowledge of what the County plan is for that corridor, for that trail. Are they creating more bike lanes? Which I'm not a big fan of putting bike City of Miami Page 83 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 lanes everywhere. I think they sometimes create more danger and make the road somewhat dangerous. I believe we need to have bike lanes, but not everywhere. In that part of that road that I'm very familiar with -- I used to travel it all the time -- that's a little bit dangerous. Is there any reduction in the width of the road and any section along this --? -- because I don't want the City to be a participant in that kind of a plan. Mr. Ihekwaba: My understanding is that there's no reduction in the width of the roadway. The trail exists -- like we said, there are sections of that trail that are unsafe, has blind spots. However, the actual travel lane needs additional improvements. Our position is that during the master-planning, we would have to advise the County they're not just improving the trail. The actual travel lane needs to be improved. There are some visibility triangle challenges. Some of the intersections with the adjoining streets are very unsafe. If you are driving out to join Main Highway, you will not be able to see an approaching vehicle; an oncoming vehicle could be on a blind spot. So there are additional improvements that would need to be considered when this master plan is going to be done. I will hope to make recommendations to the County. Commissioner Díaz de la Portilla: Okay, so -- Mr. Ihekwaba: In addition to improving the trail, that roadway needs to be reconstructed, as well. Commissioner Díaz de la Portilla: So that's -- Mr. Chair, if I may through you. So, see, that's my concern. There is no master plan, right? So the same way that you can't -- you may not be able to see a car coming, you may not be able to see in that turning lane -- you not be able to see a bike coming. And my concern is, if we don't have a master plan of what the County is proposing, we don't have that available to us. I haven't seen anything at least; maybe you have it and we haven't seen it or maybe they haven't finished it. I just don't want to -- I want to make sure the City is not a willing participant in something that may be -- make the road more dangerous without us having the full knowledge before we accept dollars. I think this may -- could create a more chaotic situation. You're right. There are blind spots along that road when you turn. The same thing that a car has those blind spots, a bicycle rider would have the same blind spots or similar blind spots. That's the only concern that I have. I want to make sure that -- Is there a master plan for what the County plans? Mr. Ihekwaba: No. Like I said earlier, these funds is for both the development of a master plan -- Commissioner Díaz de la Portilla: Okay. Mr. Ihekwaba: -- and actual construction, so both of them goes together. Commissioner Díaz de la Portilla: Okay. And there is no reduction -- or since there is no master plan, we don't know if there's a reduction in the width, right? We only assume that there will be none, right? Mr. Ihekwaba: This will be all part of this body. This will -- all be part of the master- planning. Commissioner Díaz de la Portilla: So it potentially could be that they come back and say, "Hey, let's reduce the size of the road to create a wider trail." Is that a possibility? Mr. Ihekwaba: I don't see that happening. City of Miami Page 84 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Díaz de la Portilla: Well, you're guessing, right? Mr. Ihekwaba: No. I travel through that corridor all the time. Commissioner Díaz de la Portilla: I know, so do I, but how do you know what the master plan's going to look like? Mr. Ihekwaba: That's why we're preparing one. Commissioner Díaz de la Portilla: That's what? Mr. Ihekwaba: That's why we're -- the intention is to prepare a master plan. Commissioner Díaz de la Portilla: Okay. Arthur Noriega (City Manager): So the devil's in the details of the MOU, Commissioner. Commissioner Díaz de la Portilla: Yes, of course; that's why I'm asking; that's why I'm asking about those details. I'm asking about those details. Mr. Noriega: Correct. So -- Commissioner Díaz de la Portilla: Sometimes I like to know details before I vote on things. So, to me, it's important that we have an understanding of what we're voting for before we vote for it. So if there's some draft of an MOU or there's some draft of a potential -- or some ideas that have been discussed that I'm unaware of that have been discussed on how that's going to look like -- is it going to make that trail broader, widen it? Is it going to take -- get closer to the street, make it closer to the street? What safety precautions are going to be taken? All those things that are discussed before master plans or ideas that have been discussed. For example, what -- maybe what Commissioner Suarez' vision is for that particular corridor. Is there any --? That's the kind of information I'd like to have before I make decisions of this nature, even if it's free money, because it could be free money, but it could have -- it could be -- you know, it could be things that are not good for the City. Maybe somebody's idea or some engineer's idea what should happen there, but not necessarily public policy makers' idea, you know? Those are my only thoughts. Commissioner Reyes: Mr. Chair? Zerry, if -- when the master chart -- plan is finished, is it going to come back to us? Do we have the last word on how it is going to look? And if all the concerns that Commissioner Díaz de la Portilla is expressing that (UNINTELLIGIBLE) taken into consideration. Do we have any input on development of a decision what is going to be built there, you see? Mr. Ihekwaba: I will assume. So if the City is accepting funds and this is the legislative body of the City of Miami, this body sets policy. We're obligated to bring the master plan upon completion for your blessing before we move forward. Commissioner Reyes: Okay. Commissioner Díaz de la Portilla: That's good enough for me. Commissioner Reyes: That suffice for me, too. And that concern is already taken care of, because without knowing what we going to -- what the end product is going to be, I mean, it's very difficult to vote on it. Okay? All right. Chair Hardemon: So the motion's still on the floor though. City of Miami Page 85 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Díaz de la Portilla: Well, I made the motion, so I think somebody -- Commissioner Reyes: I second it and -- Commissioner Díaz de la Portilla: Let's vote on it. Chair Hardemon: Okay. Commissioner Reyes: That's right. What are we waiting for? Chair Hardemon: All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. Welcome, Commissioner Carollo. Let's see. Are any of the -- let me see. RE.14, 15, 16, 17, and 18; do any of those need any discussion? Commissioner Carollo: Yes; 18. Chair Hardemon: 18? Vice Chair Russell: And 16. Commissioner Díaz de la Portilla: And 17. RE.14 RESOLUTION 7656 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL STEPS Commissioners NECESSARY, INCLUDING THE IDENTIFICATION OF AVAILABLE and Mayor FUNDING SOURCES, TO ADVANCE THE PROCESS FOR SELECTION OF A CONSULTANT TO CONDUCT A DISPARITY STUDY AS DESCRIBED HEREIN REGARDING CONTRACTS WITH CITY OF MIAMI VENDORS FOR BLACK, HISPANIC, WOMEN, LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER OR QUESTIONING, INTERSEX, AND ASEXUAL OR ALLIED Y OWNED BUSINESSES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL AGREEMENTS AS NECESSARY, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0230 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: Okay, then, RE.14. Go to RE.14. Commissioner Reyes: One by one then. Chair Hardemon: Commissioner Reyes, the language that's in RE.14, are you fine with it right now, as it is? City of Miami Page 86 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Reyes: Let me see. Chair Hardemon: It's the -- Commissioner Reyes: Let me check it again. Chair Hardemon: -- disparity study information. Is there someone from Administration that would like to present it, that item? Arthur Noriega (City Manager): I (INAUDIBLE) -- Commissioner Díaz de la Portilla: I think there's some concern about the cost of the disparity study and how broad it's going to be. Can the Manager and the Administration kind of walk us through it? Mr. Noriega: Yeah. So we've done some internal analysis on -- based on some other studies that have been done. Chris Rose did the due diligence on it. And the range of the study could be anywhere from 350 to $500,000. That's the information we're getting based off really just general references. What I'd like to do, Commissioner, if you're open to this idea, is because of that and because of the uncertainty around the cost, would you be open to the idea of developing a scope of work, actually RFPing (Request for Proposals) it out for a consultant to come in and do the study, and then we'd come back to the Commission with not only the scope, as well as the cost for approval? Chair Hardemon: I'm fine with that. Mr. Noriega: So we could better budget for it. Commissioner Reyes: I'm fine with that. Mr. Noriega: So we could better budget for it, because at this point it's unknown. It's too open-ended. Commissioner Reyes: That's right. Chair Hardemon: I'm fine with that. Mr. Noriega: Okay. Chair Hardemon: So then, Madam City Attorney, how will we --? Will we dispose of this item, or will we just indefinitely defer it? How would you do it? Or withdraw it? I would rather indefinitely defer it and then come up with a substitute item, that way we know the language is still present in some place if you need it. So the Chairman will accept a motion to -- Mr. Noriega: Well, couldn't we just -- Commissioner Díaz de la Portilla: Move that you defer it. Mr. Noriega: -- modify it? Chair Hardemon: Huh? Commissioner Díaz de la Portilla: I move that we -- oh. City of Miami Page 87 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Mr. Noriega: Couldn't we just modify the language instructing us or me to go out and get a proposal to conduct the study, and come back with the proposal for approval? Couldn't we just do that? Commissioner Reyes: You say do an amendment to this? Mr. Noriega: Yeah; that way it's recorded, because that's what the Commissioner really wants. He wants us to move forward with this. I'm just asking that we create an interim step that brings back the actual proposal and the cost so the Commission can approve it. Commissioner Carollo: My question is, why can't we do this whole study in-house? We're going to be having a tremendous budget crisis for our next budget coming up right around the corner. And while in the past maybe having to spend another three, four, $500,000 wasn't that great, nor would it have that much of an impact, every dollar now really, really counts. So I'd like to see what can the City do to do an internal study done. Because, I mean, this is a city that is basically all minority. So I have to believe that the vast majority of the work we're putting out is minority work. At the same time, I want to make sure that we're not going to do anything that in the midst of this whole financial crisis that we're going to be facing because of COVID- 19, we're going to do anything that's going to increase our cost in anything across the board. Chair Hardemon: We can get a response for the Commissioner, and then I'll call on the Vice Chairman, and then Commissioner Reyes. Mr. Noriega: We certainly could do it in-house. It would still come at a cost. I mean, we'd have to allocate a position for that or a couple of positions to work on it, so it would come with a cost. I'll -- if you'd like, I can do that analysis as a comparison to what hiring an outside consultant would be, and that's what I can present when I represent this to the Commission if you'd like. Commissioner Carollo: Okay. I think that would be good, if you could do both of those, and bring it back to us. Mr. Noriega: Absolutely. Commissioner Reyes: That is what I was going to -- I mean, I was going to propose -- Chair Hardemon: Vice Chairman. Commissioner Reyes: -- that we get both an outside consultant and an estimate how much it's going to cost us to do it in-house. Chair Hardemon: Vice Chairman. Vice Chair Russell: Thank you. I was going to chime in that I completely agree with Commissioner Carollo. I -- when I heard the cost of this, it seems to me that a (INAUDIBLE) industry of disparity study consultants has popped up and they're not being -- it doesn't seem to be competitive enough. It seems very expensive. And I don't know what's involved with doing it, but it would be great if we were able to accomplish a comprehensive study in-house and -- Commissioner Reyes: That's right. Vice Chair Russell: -- at a lesser cost. So I'm with you, Commissioner. I'll look forward to the proposals. City of Miami Page 88 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Reyes: Now, what do we do with this? Do we defer it with --? Victoria Méndez (City Attorney): May I suggest that we just modify it to say that the Manager is going to, you know, do the cost evaluation and bring it back? And, you know, based on everything you've discussed, trying to do it in-house, trying to get a consultant, so we can modify it that way. Chair Hardemon: The Chair would -- Vice Chair Russell: Mr. Chairman, would you -- I'm sorry. Chair Hardemon: Go ahead. You're recognized. Vice Chair Russell: Mr. Chairman, would you like something on the record that we have an intention to move forward in one way or another so that it's captured from our agenda in a vote? Chair Hardemon: Yes. Vice Chair Russell: That we plan to do this one way or the other, or would you -- are you happy with just a simple deferral or allowing the Manager to come back? Chair Hardemon: I like the fact that the language the City Attorney proposed where she's saying it gives us the option, where the Manager comes back with both pieces of information so that we can make an informed decision. So that way, we have definitely a direction that's been passed by this body, and then we come back with the information and decide how we want to use it. Commissioner Díaz de la Portilla: But Mr. Chair -- Chair Hardemon: You're recognized, Senator. Commissioner Díaz de la Portilla: -- but we wouldn't spend a dime until he -- Chair Hardemon: We would not spend a -- Commissioner Díaz de la Portilla: -- comes back to us with -- Chair Hardemon: -- right, we would not spend -- Commissioner Díaz de la Portilla: -- the different options available to us, correct? Chair Hardemon: That is correct. Commissioner Díaz de la Portilla: We wouldn't be committing right now to having - - doing it if it's too expensive, right? Chair Hardemon: That is correct. Commissioner Díaz de la Portilla: Okay. Chair Hardemon: All right, so -- and I'll take that, Commissioner Díaz de la Portilla, as a motion in accordance -- Commissioner Díaz de la Portilla: Yes, sir. City of Miami Page 89 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Chair Hardemon: -- to the record. And seconded by Commissioner Reyes. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? That motion passes, as modified. RE.15 RESOLUTION 7658 A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE TEMPORARY OUTDOOR DINING PROGRAM ESTABLISHED Commissioners PURSUANT TO RESOLUTION NO. R-20-0156 ADOPTED ON MAY and Mayor 14, 2020 FROM AUGUST 20, 2020 THROUGH JANUARY 31, 2021 IN ORDER TO CONTINUE TO ASSIST STRUGGLING BUSINESSES AFFECTED BY THE NOVEL CORONAVIRUS PANDEMIC; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-20-0231 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 Note for the Record: For additional minutes referencing Item RE.15, please see "Order of the Day" and "Public Comments on All Item(s)." Chair Hardemon: RE.15. Commissioner Reyes: I would move it. Commissioner Carollo: Second. Chair Hardemon: This is properly moved and seconded. Any discussion on the item? Vice Chair Russell: Sorry, I froze up. Which item? Chair Hardemon: RE.15 -- Commissioner Reyes: 15. Chair Hardemon: -- outdoor dining. Any discussion? Commissioner Reyes, are you still frozen? You look very still. Commissioner Reyes: No, no. Well -- Chair Hardemon: Not Reyes. I mean the Vice Chairman. Okay, he's not. Okay, now he's just playing with us. Commissioner Díaz de la Portilla: Mr. Chair, all this does is extend the outdoor dining program for a couple months, until -- I'm sorry, to the beginning of next year. Is that what it does? City of Miami Page 90 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Reyes: That's right. The only thing that it does is the outdoor program that we started, it's going to be extended, because if not, it will sunset this -- I think next month or something like that. Commissioner Díaz de la Portilla: But how long is it extended? The emergency order -- Commissioner Reyes: I think it goes all the way I think to -- it's January of 2021. Arthur Noriega (City Manager): The end of January of next year. Commissioner Reyes: The end of January 2021. Commissioner Díaz de la Portilla: So -- if I may, Mr. Chairman. So if the emergency order ends and we get out of this pandemic at the end of the year, does this program remain in effect or does this program go away? We have to come back and vote to make the program go away? Commissioner Reyes: Well, that's a good question. That is a good question. If we go back to normal -- and that's a good thing if we go back to normal -- and the restaurants, if they can be full capacity without social distancing and a limit of the amount of the capacity that they can have, there's no need for this and we can just get rid of it. But if we are still on this -- I mean, if it state that we are requiring them to be 50 percent or 75 percent or whatever, then I would like to have this extended. Commissioner Díaz de la Portilla: Okay. Commissioner Reyes: Okay. Chair Hardemon: Mr. Manager. Mr. Noriega: The date that's proposed as part of this resolution actually is probably perfectly timed. I think, given the expected timeliness of a vaccine -- I think up until we get a vaccine, I think we're going to be at some limitation to capacity to the end of the calendar year, for sure. So this -- we'll get a better sense of it in maybe sometime in November. We'll revisit this, Commissioner, if you'd like and make a presentation based on where we are. And then you can reassess it at that point to see if maybe we take it out or we extend it even further, but let's -- we'll make a commitment that in November we'll come back and have this discussion a little further. Commissioner Reyes: Absolutely. And what I wish is that we don't need it anymore. I hope that we be back to normal. But if we are not, we have to assist the restaurants. Commissioner Díaz de la Portilla: Well, Mr. Chairman, if I may? Chair Hardemon: Yes. Commissioner Díaz de la Portilla: This is for the City Manager. I'm kind of a -- I'm a believer that we should've had more outdoor seating anyway to begin with. This is my pre-pandemic thinking. Is your thinking, Mr. Manager, that we're going to have some sort of permanent program where we're giving these restaurants -- because it's going to take them a time to recover because they're going to have losses -- right? -- that they've incurred, post pandemic, post vaccine, however you want to define it, that we actually maybe begin to incorporate or start thinking along the lines of perhaps creating more outdoor seating and more outdoor spacing availability to our City of Miami Page 91 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 restaurants. It's something I think the City of Miami should have done a long time ago to keep up with the times and keep up with the kind of, you know, people that are moving to the City and how our City is changing. So, Mr. Manager, is it your -- are you thinking in those lines or are you not? Along those lines? Mr. Noriega: I think that's really a neighborhood by neighborhood proposition more particularly because of the limitations to the right-of-way. I think that in -- Commissioner Díaz de la Portilla: Of course. Mr. Noriega: -- certain circumstances, we can certainly evaluate whether or not it makes sense in certain neighborhoods to readdress or revisit our sidewalk cafe permit and its availability as part of the Code. So I'm open to the idea of re- exploring it given the current business climate adjustments and transition that we're in now. We can certainly look into it. Commissioner Díaz de la Portilla: So if I understand the program correctly, you would need the neighboring merchants to agree to this, because even when we provide this -- when we do the street closures that we're allowed to do, I would predict that there may be some attempts to do street closures in conjunction with FDOT (Florida Department of Transportation), as Miami Beach has done. As we do these things, we are also hurting, you know, neighboring businesses that require either traffic, you know, to be able to park or to pass by or to be able to park to visit the adjoining businesses, right? Because you're taking up parking spaces. Then the restaurant will be okay because you're putting -- they're profiting or they're making their money back that they lost, but the neighboring business doesn't have a parking spot. That's a little bit of a concern, because all these things are balanced. It's all a balance, right? And if we -- it will be extended all the way to December or January - - I think it's January 31, you know, you'll begin to feel some of those tensions that will arise from competing and neighboring business -- not competing -- from neighboring businesses that will say, "Wait a minute, you know. Yeah, this is over now. It's getting better. Why?" So that balance has always been the argument -- right? -- that we've had when -- pre-pandemic days. So all those things have to be taken into consideration. I feel the -- you know, I feel the pain that restaurants are going through, but I feel the pain of what everyone's going through -- right? -- what all businesses are going through, not only restaurants. But it's important to keep all business in mind as we formulate a policy of how we're going to be dealing with this in a post vaccine or a post pandemic world, you know. Chair Hardemon: Commissioner Reyes. Commissioner Díaz de la Portilla: That's my only -- my two cents on this one. Commissioner Reyes: Mr. Chair. Chair Hardemon: You're recognized, Commissioner. Commissioner Reyes: May I? Yes, and this is a question that I have that come before. And I remember that we had some -- I mean, I think that Commissioner Russell that he proposed some what's called "parklets" in downtown Miami where you could use the parking spaces outside of the streets and in order to increase -- I mean, to have outdoor cafes. But what we have -- what we can do is now that we are in this situation and that we are allowing restaurants to use sometimes the parking spaces across the street -- I mean, in front of them -- or the sidewalks where the width of the sidewalk permits it, that we should revisit our outdoor cafe ordinance and try to see if we can adapt it to certain areas that now they are not included in -- City of Miami Page 92 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 and there's no permit for them to have any type of seating in the -- outside of the main building. Vice Chair Russell: That's a great idea. Commissioner Reyes: Can you do that, Mr. Manager? Mr. Noriega: Certainly. Commissioner Reyes: Huh? Mr. Noriega: Yes, sir. Commissioner Reyes: Okay, I think that would be a good idea, because that way we will have an idea on areas that this could be implemented. And also, we'd have to take into consideration, because I do agree with Commissioner Díaz de la Portilla, there is lack of parking in many places in the City of Miami. And as -- that was my argument against those parklets; that we were taking parking spaces that they could be from potential patrons for other businesses, you see. But it is -- I think it would be convenient for us to analyze the possibility of modifying some of the restrictions that we have. Chair Hardemon: And seeing no further discussion, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. RE.16 RESOLUTION 7661 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO PROVIDE THE CIT Commissioners ( and Mayor JULY 9, 2020 AND JULY 23, 2020 CITY COMMISSION MEETINGS AS COMMENTS TO THE UNITED STATES ARMY CORPS OF MIAMI-DADE BACK BAY COASTAL STORM RISK MANAGEMENT DRAFT INTEGRATED FEASIBILITY REPORT AND PROGRAMMATIC ENVIRONMENTAL - DADE BACK BAY COASTAL STORM RISK MANAGEMENT FEASIBILITY STUDY, AS WELL AS ANY RECOMMENDATIONS, COMMENTS, OR CONCERNS FORMULATED BY THE CITY ADMINISTRATION. ENACTMENT NUMBER: R-20-0232 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For additional minutes referencing Item RE.16, please see "Public Comments for All Item(s)." Chair Hardemon: RE.16. City of Miami Page 93 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Reyes: RE.16. Vice Chair Russell: Yes. I'll make the motion and I have some amendments. Chair Hardemon: It's been properly moved, seconded by the Chair. Commissioner Reyes: Mr. Chair? Chair Hardemon: You're recognized, Commissioner. Commissioner Reyes: Yes. I want to include in the comments that are going to be sent to the Army Corps of Engineers those that comes from DDA (Downtown Development Authority). As a matter of fact, we are giving -- we are going to be working with Alan Dodd in developing even some renderings and some ideas, because I am very concerned about this and how that is going to affect our bay walk, if there's a need still for bay walk. And there's a lot of concern about this, and I think that our -- we need to be part of the design of this wall -- I mean, part of -- and the Army Corps of Engineers should be -- I mean, we should provide them with all the feedback that we have received from the neighbors and from professionals that they have commented all the comments on this. And as a matter of fact, I think - - and correct me if I'm wrong, Mr. Russell -- we have a deadline for them to receive these comments. But what I want to do is I want to include all the comments that comes from Downtown Development Authority, also. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized. Vice Chair Russell: Do we have those comments, the specific DDA recommendations? Because if so, we can look through them quickly, and if it lines up with everything that we have, it just adds to it versus -- just want to make sure we don't contradict ourselves on anything, and I doubt we will. Commissioner Reyes: No. We -- they're already incorporated in here, then we're fine. I think we may have already incorporated them here. Commissioner Reyes: We are -- last meeting, we decided that we going to hire an architect and finalize this, and provide with some comments and suggestions. You don't have it yet. What I'm saying is that we will -- Vice Chair Russell: Oh, okay. Commissioner Reyes: -- and we are going to be working directly with -- hand in hand with Alan Dodd, so we know we're not going to contradict each other. What we're going to do is provide ours and you provide yours, and see if we can find some happy medium, okay? Chair Hardemon: Madam City Attorney. Victoria Méndez (City Attorney): Chairman, I just wanted to remind Commissioner Reyes that if any of the DDA comments are coming in that it has to be before the deadline. Commissioner Reyes: Yes. City of Miami Page 94 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Ms. Méndez: Remember it's in August. Okay. Commissioner Reyes: Absolutely. Ms. Méndez: And then -- thank you. And then Vice Chairman, I just wanted to confirm that you were fine with your concern, or you wanted to address it? Vice Chair Russell: I'm going into that in a moment. I wanted to address the DDA situation first and make sure they're taken care of, and then I'll go into some of the wording that might be a little bit crossed on a couple of the items. So if we don't have the specific wording -- doesn't the DDA also have the same ability to submit their comments that we do? We're not the local sponsor. We're just commenting officially. Ms. Méndez: Yes. Vice Chair Russell: Go ahead. Ms. Méndez: Yes, they can. They can submit it on their own. Commissioner Reyes: Absolutely. What I wanted to do -- excuse me, Mr. Vice Chair. What I tried to do is to -- I tried to get both authority -- I mean, the City of Miami and DDA working together so we're not going to be contradicting each other. Vice Chair Russell: Yeah. Commissioner Reyes: That we work together, and we are further assisting the City of Miami into all the comments that they have and have an additional professional that will also be analyzing and studying the project. That's what we wanted to do and work together. And we are not going to be working one against each other. I mean, we're not going to be competing for or see who is the one that has the best comments. I mean, we're in the same boat, man. Vice Chair Russell: Yeah, of course. But if I could, Mr. Chairman. Chair Hardemon: Please. Vice Chair Russell: So as long as we're on the basic same track, which is not saying completely, "No, don't do this over our dead body," because it's a very easy knee-jerk reaction to say that when you see the renderings and really see what the potential of their current plan is. I would like to add enough comments and hopefully be at the table in a way to sort of jujitsu their existing plan into a better plan versus scaring them off and it just doesn't happen. So it sounds like at this point the DDA is on board with improving it versus trying to kill it. And if that's -- Commissioner Reyes: Absolutely. Vice Chair Russell: -- the case, I think we a lot of people in their right mind, in the -- Commissioner Reyes: Well, let me tell you, I'm happy with It, because I think that it's a horrendous thing that they're going to do, and, I mean, a 10, 15 feet wall that is going to surround all Biscayne Boulevard and is going to surround -- I mean, and there are a lot of questions that we've been asking when we were discussing this at DDA. What's going to happen to our marinas, you see? What's going to happen to Bayside Marina? What is going to happen to all the -- Dinner Key Marina? What's going to happen to our marinas if we have a wall? What's going to happen to the City of Miami Page 95 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 bay view? I mean, people that have bought condominiums and -- they're going to kill one of the most appealing sites that there are in the City of Miami. That's when you get to Biscayne Boulevard and you watch the bay. You see, you see all the bay, I mean, and all the boats. That is going to be totally blocked by this monstrosity, you see. I think we are in the same boat on that, okay? Vice Chair Russell: In that respect, yes. So at that point, do we say, "No, thank you," or do we say, "Here's how you make it better. Let's go forward together"? Commissioner Reyes: Well, you know, sir, I'm not the person that is going to make the final decision. I think that the decision has to be between all of us and everybody that has, I mean, stake -- all the stakeholders should have an input in that, because I am not going to say -- DDA, we are just going to say, "Hey, we don't want this." I mean, that's why I'm saying that we want to work together. And anybody that it is -- I mean, is going to be affected by this should be at the table, you see? Vice Chair Russell: So, Mr. Chairman, I'll gladly accept an amendment as the mover that incorporates the DDA's comments after this vote, if submitted before the deadline. If we can receive those comments in full -- Commissioner Reyes: Absolutely. Vice Chair Russell: -- the renderings, whatever is being generated by the DDA, that we have the Manager incorporate them in our comments as they get sent out to the Army Corps. Commissioner Reyes: And Mr. Chair, if I may. We had already been in contact with Alan Dodd, and he's willing to work together and he's looking forward to work together on this. Chair Hardemon: Okay. The mover and the seconder will agree to that friendly amendment. Vice Chair Russell: Thank you. So some further amendments if I could really quickly, Mr. Chair. So there's a substitution sheet that sort of enumerates some of the changes that are being made. And I believe that affects the actual list of comments, and one of them actually is incorrect. In the substitution memo, it's Number 4, but on the actual list of items, it's Number 2. And the way it's written currently, it says that we have a preference for using private land over state sovereign submerged land for any pumps associated with storm surge barriers. It's actually the opposite. Our preference is that they do not take over Icon Brickell or our park to put in a pump station for the river; that they incorporate that pump with their gate and barrier over the submerged lands of the State -- I mean, of the Army Corps or the State. So it's just a swap there. It just got a mix up where it says we have a preference for using private land over State sovereign. We have a preference for using State sovereign submerged land over private land or City parks for any pumps associated. On the next item, Number 5 on the list of our comments, it says, "Fully mitigate negative impacts to environmental resources, including silting of underwater corals and grasses during construction." When you dredge to the extent that they would be dredging to create this, it's similar to when the port was dredged. And the silting that's created covers the grasses and it covers corals for a large area, and it can kill those grasses and corals. When we use the verbiage, "mitigate," they could simply pay to plant other grasses or establish other corals in other places to make up for what has been killed. I would like to include, as well, preemptive efforts to protect those corals and grasses during the construction to minimize the silting in addition to whatever mitigating of negative effects that are happening. So it's not just that they pay for the damage done; it's that they actually really take strong steps City of Miami Page 96 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 to not incur the damage. On another item, Number 9, we say, "To avoid impacting stormwater outfalls and associated infrastructure." I think the spirit of that is correct, but it's physically impossible. This wall will be built outside of our stormwater seawall. And so, it would need an -- it would involve an entire redesign of our stormwater outfall system. So rather than saying, "avoid impacting," it would say including -- "include a complete redesign of our stormwater outfalls for maximum water shedding in an environmental way." One of the largest pollutants in our bay is the actual items that come through our stormwater system from the streets -- plastics, microplastics, garbage, chemicals. Sorry, I think I cut off there for a second. So it would be asking them -- as they build the seawall, it would obviously have stormwater outfalls in it -- that they address the environmental concerns for maximum water flow in an environmental way. And that's Number 9. Let me just make sure there's not one other. That's it. Other than that, the comments are comprehensive, I believe. You're on mute, Commissioner. Commissioner Reyes: Yes, Mr. Chair. Chair Hardemon: Commissioner Reyes. Commissioner Reyes: Yes. I want to know if we have gotten any comments from the Miami River Commission, because they're going to be impacted by this. And see what are their comments on it and how do they feel. I don't know if the director has - - Mr. Dodd has been in touch with them. And I think we should take into consideration also their comments or their input, you see, since this is going to affect all of us. Alan Dodd (Director, Resilience and Public Works): Commissioner, Alan Dodd. Commissioner Reyes: Yes. Mr. Dodd: Department of Resilience and Public Works. We've been receiving a lot of feedback from the DDA, from HOAs (Homeowners Associations), and other entities. That will all go into the recommendations. There's a lot of very central themes that are coming from everybody within the City. And so, the staff will be meeting to go over a draft letter, and we will share that with all of your staffs as we finalize it. But we are trying to incorporate all of these concerns, knowing that at this point, it's a study, and there will be a lot of work over the next 10 years to go from study, planning, and design. Commissioner Reyes: Yep, yep, okay. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized. Vice Chair Russell: I apologize. I realized one other potential change. On the change memo it says -- the substitution memo on Number 8, it says, "Eliminate the request that the Army Corps of Engineers provide that any filled land between current seawalls and any new flood walls provide for the ability to plant native plant species to mitigate storm surge." The worry is that it may impact the City's ability to elevate land and build a bay walk at a future date. I don't want to tie our hands in not being able to put in those plantings on the bay walk. In fact, I think our bay walk ordinance and the design standards need updating, because if you go along the bay walk, there is very little shade or natural planting within the bay walk, and I think it can be articulated a lot better to include that, and this is a really good opportunity. So while, yes, we don't want the space between the current seawall and the new flood wall completely filled with only plants, we would want the ability as we incorporate City of Miami Page 97 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 the bay walk to include natural planting moments throughout, where necessary, so I'd like to make sure that doesn't get eliminated. And that's the only remaining comment I had. Mr. Dodd: Roger, Commissioner. We'll make sure that we include that in the description of the bay walk features and the desire to make sure that we have natural vegetation as we're incorporating the bay walk into the -- that space in between. Vice Chair Russell: Thank you. And for the record, our comments do request that the Biscayne Boulevard wall be moved east of the parks so that, "A," the parks are protected, the museums are protected, and we don't have a wall on Biscayne Boulevard. So thank you, Commissioner Reyes, for engaging the DDA on this. Thank you, Director Dodd, for really leading on this and helping me understand everything about it, and I appreciate the support. I'm ready to vote on the item. Chair Hardemon: Seeing no further unreadiness, all in favor of the motion? The Commission (Collectively): Aye. Chair Hardemon: All against? The motion carries. RE.17. Ms. Méndez: And as amended; right, Chairman? Chair Hardemon: That's correct. RE.17 RESOLUTION 7662 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS TO THE CITY Office of -20 MULTI-YEAR Management and CAPITAL PLAN ADOPTED ON SEPTEMBER 26, 2019 PURSUANT Budget TO RESOLUTION NO. 19-0374 AND AS SUBSEQUENTLY AMENDED ON DECEMBER 12, 2019 PURSUANT TO RESOLUTION NO. 19-0506, ON FEBRUARY 13, 2020 PURSUANT TO RESOLUTION NO. 20-0044, AND ON JUNE 11, 2020 PURSUANT TO RESOLUTION NO. 20-0167; REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER DE-APPROPRIATING, APPROPRIATING, AND RE- APPROPRIATING FUNDING ADJUSTMENTS 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, FOR PROJECT CLOSE-OUTS, AND FOR GRANTS IN PROGRESS. ENACTMENT NUMBER: R-20-0233 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Vice Chair Russell: I'll move it, RE.17. City of Miami Page 98 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Chair Hardemon: It's been properly moved; seconded by the Chair. You're recognized. Commissioner Díaz de la Portilla: Is Mr. Rose going to walk us through the allocation as he did with me yesterday on the -- in my briefing? Chair Hardemon: If you'd like him to. Commissioner Díaz de la Portilla: I would. Chair Hardemon: Mr. Rose. Christopher Rose (Director, Budget): Through the Chair. Good afternoon, Commissioners. So this is a capital reappropriation. It is not appropriating any new funds. It is -- Chair Hardemon: Mr. Rose? Mr. Rose: Yes, sir. Chair Hardemon: Do you have a television on? Mr. Rose: I believe there may be one in the background. Forgive me. Let me ask them to turn that down. They're doing it for me. Thank you, Mr. Chair. All right. It should be a little quieter now. So this is a capital re-appropriation. It is not appropriating new funds, but it is moving funds around inside the existing capital plan. In particular, it moves funds from one park, the North Point Park on Virginia Key and instead reallocates $747,000 to the Arthur Lamb Bike Path -- the Arthur Lamb Road Bike Path -- to fund a bike path off of the road. The second thing it does is it goes through a number of closed projects and we scraped the funds off of those projects that are closed -- the funds that remain -- and we moved them into Fire Station 8 roof replacement and structural repairs. That's $304,000. And we do the same exercise for Lemon City Daycare roof replacement, and that is just short of $80,000. After that, we're moving money around inside of the Department of Real Estate and Asset Management, just projects they have that they're just reallocating from one project to another. And we have about $464,000 that we are moving around inside of District 4 at the request of Commissioner Reyes; just some projects inside of District 4 to other projects inside of District 4. Finally, there are three projects -- one is Brickell Avenue Southeast 15th Road to Southeast 8th Street. That is $540,000 that we are moving around from citywide funds to that project. It is a shovel-ready project that was on the expedite list earlier today that we looked at. And we have then Curtis Park Community Center design, 450,000, and Armbrister Park Community Center design, 380,000, that we are moving money from Sewell Park to those two parks, because the Sewell Park seawall project has enough funding in it without this money and we're moving it to those two projects, because they are ready to go on design. And that's everything that the item does. Commissioner Díaz de la Portilla: Are you moving anything specific from one district -- one Commission district to another? Mr. Rose: Yes, sir. There is one instance of that, and it is funding from the Sewell Park Community -- the Sewell Park seawall project to the Armbrister Park Community Center designs, $380,000. Commissioner Díaz de la Portilla: Okay. So that goes from Sewell Park, District 1, my district, the one I represent, to District 5 or to District 2? City of Miami Page 99 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Mr. Rose: That's from -- Sewell Park is in District 1 and -- Commissioner Díaz de la Portilla: Yes. Mr. Rose: -- Armbrister Park is in District 2. Yes, sir. Commissioner Díaz de la Portilla: In District 2. And these are one of the things that I expressed concern about yesterday, this moving money around. And in particular, when you move money around from poor areas of the City to wealthier areas in the City, that's a big concern. As Commissioner Reyes rightly pointed out -- and I think Commissioner Russell did too at this morning's press conference that we held this morning here at City Hall -- Miami is a very poor city. And we need to begin to pay attention to the poor parts of Miami. We have a beautiful, beautiful skyline and a beautiful downtown. All the world enjoys it and sees it, and says what a great place Miami is, but Miami has a lot of poverty. And when the Administration -- any Administration, not this particular Administration -- reallocates funds from -- not necessarily from one district to another district, but without meeting and talking to the City Commissioner, the duly elected representatives of this City, that's a concern. But a bigger concern is when dollars are shifted from poor areas to wealthier areas. I think that we went yesterday through the entire budget reallocations that you were doing, and there was a substantial amount of dollars being spent inside District 2 that I remember. We also had a broader conversation about what's going to happen next year and some of the discussions that we're going to have in September about the next year's budget. And there seems to be some decisions that are made without the proper input from different Commissioners about how it impacts their districts and how they could perhaps find a more equitable solution to the reallocation of these dollars for the people that really need it in the City of Miami. There has to be a better way to do this. We can avoid the parochialism that exists. People want -- I want more for my district. It's logical you're going to want more for your district because you represent it, and everybody wants more for their district. There's a question of equity and there's a question of fairness here. And to take money from Sewell Park, which is a park that's in complete disrepair, and put it into a community center in a wealthier district, it bothers me; it really does. The whole process bothers me, but this is a specific example of why it bothers me. I think we have to have a broader discussion of these reallocations before they actually happen, before they come to this Commission, where the Administration meets with the individual Commission and says well -- because I think every Commissioner here wants to do what's fair and what's equitable and what's right for the entire City. And besides the fact that there is some parochialism in all of us, everyone that's familiar with the City of Miami knows that District 1 is a very poor district that needs a lot of work and a lot of help. And it's really hard for me to justify not only because I'm from District 1 and because I represent District 1; for anyone that's a City of Miami to justify taking money away from Sewell Park or any park which we have -- we don't have a pool in our district other than the private pool that people go to in Grapeland Park or can go to if they can afford it. You know, to take away from District 1 from a park that needs a lot of work and take it to District 2, that's a concern. So I'm not going to blow the whole thing up. I just wanted to express a concern. I don't like the way it's done. I was telling the Administration yesterday that -- I've said many times since I got here from Tallahassee, from years in Tallahassee that every time I get Tallahassee flashbacks, it always happens during the budget process; last-minute amendments, last-minute reallocations, new dollars are found here and taken away from this and sent over there. It's sort of a shell game that happens in Tallahassee all the time. And I would have to be very vigilant all the time, sometimes to 2, 3 in the morning. Sometimes you will go to bed with $2 million in your district and wake up in the morning and it was gone. And that kind of shell game and that kind of moving money around -- and I have some great stories that I won't bore you with about some of those situations that people went to have dinner and, you know, and City of Miami Page 100 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 we have a joke that one guy said, "Well, you just had $100 million lobster," because you went to have a lobster dinner, but they took $100 million away from your project, you know, from your budget, your overall budget. So these are the things that concern me. and every time this happens and now in this new government that I'm serving in, I still see the same kind of thing happening. It's just -- I guess it's a bureaucratically efficient way of doing things, but a lot of people are hurt in that process. And I think it really requires that the debate take place in a public forum where all Commissioners are involved and included before these dollars are reallocated. I'll tell you what's happened to me with this reallocation. I didn't have a meeting with Mr. Rose, nor was a meeting offered about, "Hey, we're going to take this money away from Sewell Park." I found out about this yesterday in the briefing. And that's only what -- you know, I think you -- Did you cover everything that was moved around, Mr. Rose, in your presentation to us? Mr. Rose: Yes, sir, I did. Commissioner Díaz de la Portilla: You covered every specific project? Mr. Rose: We did talk yesterday about the expedite list as, well -- Commissioner Díaz de la Portilla: Right. Mr. Rose: -- and there may be some other projects that you're thinking about that's not getting new appropriations or moving things around. But that was already -- that was the expedite list from a different item today. Commissioner Díaz de la Portilla: Right. And when's that item? Did that item come up already? Mr. Rose: Forgive me. I don't remember the name of the -- or the number on the item, but I'll find it momentarily. Arthur Noriega (City Manager): It passed already, Commissioner. Commissioner Díaz de la Portilla: Yeah. I knew it had passed already. And at the time, you know, I didn't want to have the debate, because we talked about future allocations, what we're going to do with the Miami Forever money, that item. I didn't -- and we had the discussion yesterday with the Administration at length. We had a pretty -- I think, Mr. Noriega, you will agree. It was a pretty lengthy briefing yesterday. I think it was like three and a half hours. Mr. Noriega: Record-breaking three. Commissioner Díaz de la Portilla: Was it record-breaking, really? Wow, then I finally broke a record in the City of Miami. That's good to know. But you know -- and so that was a concern. I didn't want to have that same discussion that we had yesterday earlier, because I think we have a lengthy agenda and there are other issues that are -- because I saw how long the public comments took. It took the whole morning and into the afternoon. I didn't want to have a lengthy discussion, but I wanted to make the point. I wanted to wait until we got to the point of the moving money around debate or conversation, even though it's not a heck of a lot of money. When we have the budget shortfall that we already know we have -- and it's going to get worse, I think -- that we need to be careful of how we spend our dollars, and we need to be careful that if we're going to have limited dollars to spend that we spend it with the people that need it the most. This kind of, you know, foresees the discussion we're going to have about the -- Mr. Russell's proposal or what he sponsored from the Florida Housing Finance Corporation of how all of these things that we do in a tight economic climate need to be means tested. It needs to be based City of Miami Page 101 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 on merit, on who needs it the most. And we really have to be careful and take a second look at all these things, especially in the economic times that we're going through right now that are only going to get worse. So keep that in mind as we move forward. I don't know if any of the Commission has any opinion on this or wants to express it, but those are my thoughts on this matter. Chair Hardemon: Vice Chairman, Commissioner Reyes, and then Commissioner Carollo. You're muted. Mr. Noriega: Commissioner Russell, you're muted. Vice Chair Russell: Thank you. Commissioner Díaz de la Portilla, your point is very well taken. And nobody wants to wake up and see suddenly monies have been shifted out of their district. I think that we have enough things to push and pull about with the projects we fight for, our districts we fight for that we certainly don't need the Administration adding to that when things get shuffled that we didn't actually steer. I certainly did not request a movement from District 1 Sewell Park seawall reconstruction into the Armbrister Park Community Center design. But I know that they are trying to find the easiest way to move things, and maybe there's a whole story behind that seawall for why it's not moving forward. But that money should've been brought to you first before going out of the district, because maybe you have another initiative from a capital perspective that it's there for. So I absolutely empathize with that, and I know what that feels like. That being said, this Armbrister Park is also in a very -- it's in the West Grove, so it's in a community of need for sure, so it's not going to a wealthy park. But I would like to make this good, especially in this moment. So if there is a different sort of shift that would make more sense for these funds, I am very much open to it. I recognize what you're talking about. Commissioner Díaz de la Portilla: Well, I would think that -- if I may, Mr. Chair? Chair Hardemon: Yes. Commissioner Díaz de la Portilla: Is that the only shift from one district to another? Mr. Rose: There are several. A lot of them are shifted to create the Lemon City Daycare roof repair. It came from various districts, I believe. Commissioner Díaz de la Portilla: But Lemon City -- Mr. Noriega: Explain the -- Chris, if you can, re-explain the reason why, because you explained it at the beginning, why those projects were -- the money was shifted from those projects to the Lemon City roof repair, because those projects were basically dead in the water. Mr. Rose: Be happy to. So again, that is the only one that is specifically from one district to another. The Lemon City and the Fire Station 8, those were both projects that we went through the whole list, all districts, citywide, everything, and found projects that were complete, but still had funding available, and that's why you can see so many different line items that are used to fund those two projects. So those were projects that were done, and we swept it and we put it into the need at Fire Station 8 and the need at Lemon City Daycare. But the only one that is specifically picked up and moved from one district to another is that one from Sewell. Commissioner Díaz de la Portilla: So I would like to offer an amendment to keep the District 1's money inside District 1, and not to shift those dollars out of Sewell Park, if that's okay with you, Commissioner Russell. I think you expressed that it is okay City of Miami Page 102 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 with you. And then we'll have plenty of opportunities to have conversations about, you know, how we allocate dollars or reallocate dollars, or move dollars around moving forward. But I would like to keep the money in the -- the little amount of money that District 1 has in District 1. So I have to -- I want to offer an amendment to that effect. Commissioner Carollo: Second that motion at the appropriate time. Chair Hardemon: Allow Commissioner Russell to finish his statement, then Commissioner Reyes, and then, like I said, Commissioner Carollo. Vice Chair Russell: Thank you. So -- Chair Hardemon: Commissioner Russell. Vice Chair Russell: Thank you. So absolutely agree, Commissioner. I believe it should stay in your district, and if you have another project that it should go to, that's absolutely fine. So that creates a hole on the Armbrister Park within this budget. I'd like to see that -- a further amendment to fill that hole using the Arthur Lamb -- it's parks impact fees District 2. There's a cycle track being designed for Arthur Lamb Road. We -- as you know, there was a fatality at an intersection on Arthur Lamb Road in this past month. And over a year ago, there was another injury on that road. And at that time, just about a year and a half ago, we implemented yield signs on the road. And I wrote to the Administration at that time that I did not think the yield signs were sufficient in order to make that intersection safe. They at that time had put forward the design idea for the cycle track. But it -- with such a funding shortfall for it and getting County approval for it, it wasn't going into fruition. At that time what I wanted was just a more robust traffic calming around that intersection. And since this fatality, the Administration has now done that. They've done it very quickly. Not only were speed bumps put in, but stop signs were put in. And I believe that at this point sufficiently makes that intersection safe. We can always make the place more amenable to cyclists, but I think we've addressed the safety issue on that. So I'd like to take the 380,000 out of the 747 that was allocated to the Arthur Lamb Road Bike Path and move that into that Armbrister Park Community Center design. And so that'll create -- I think the Armbrister -- the Arthur Lamb, even still at 747, is not fully funded, so it'll still have a shortfall. We'll just have to find that short -- that gap -- fill that gap over the coming time. But I am satisfied that that intersection at least should be safe at this point. But I don't want to see the Armbrister Park and the West Grove community not go further on their design for a community center. Does that amendment take care of -- Commissioner Díaz de la Portilla: Absolutely, yes. Vice Chair Russell: -- Commissioner Díaz de la Portilla's situation? Commissioner Díaz de la Portilla: I will accept the amendment to the amendment. Vice Chair Russell: Thank you. Mr. Rose: Through the Chair. Chair Hardemon: Yes. Mr. Rose: Just so we're clear, the 747 that was going to be appropriated -- reappropriated for Arthur Lamb Road Bike Path was going to fully fund, design and construction of the bike path, so we will not have that fully funded at this time, but City of Miami Page 103 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 that is a choice that we can prioritize, so we can absolutely make the amendments that are on the floor. Vice Chair Russell: Just for a clarification, I was told that was a one million-dollar bike path. Mr. Rose: There was a project originally that was about $1.4 million that was milling and resurfacing of the road and a bike path. This has pulled the bike path out only, and so the bike path itself was the $747,000 that is proffered before you today. Vice Chair Russell: Got it. Yeah, so I would like to pull the 380 out so that Armbrister Park Community Center is funded, and we'll work on prioritizing the Arthur Lamb Bike Path down the road. Mr. Rose: Yes, sir. Commissioner Carollo: Chris, how much is going to be left of that money? Mr. Rose: Let's see. $367,000, sir. Commissioner Carollo: And what I'd like to do is place a third amendment into the original amendment with the amendment that Commissioner Russell placed in the original one, that the remaining dollars there go into either one of four projects for parks that are ready to go in District 3. District 3 is the district that has the least parks of the whole city. As you all know, Commissioner Diaz wasn't here then when the last amount was given out from the bond issue. We were under army rule, so I got cut out in District 3. And since we're not under army command anymore, I -- Chair Hardemon: I just got that. Commissioner Reyes: You're getting slow, Mr. Chair. Commissioner Carollo: The amount that is left there, it's minimal to make up for what District 3 was not given before. And there's four parks that are ready to go right now. So I make that amendment that the remaining money goes into District 3 for any one of those parks of the choosing of the Parks Department on the first one they could start putting the shovels in. Commissioner Reyes: Do you need a second on it, or it have to be accepted by --? Chair Hardemon: Commissioner Russell. Vice Chair Russell: Yes. I believe we just had a really good discussion about not taking monies from one district to another as much as possible as we can, so I made a very significant concession to make sure District 1's money remained solid, potentially at the expense of a park in the West Grove. So now I've tried to fill that hole, but we certainly do have parks issues and needs. So for this one to get completely emptied out from the Arthur Lamb Road Bike Path, that was originally intended for Virginia Key North Point Park design enhancements and improvements. So it would be taking it out of Virginia Key completely, out of District 2 completely, and so it would create more than a quarter -- a three hundred and -- what did you say, Chris? -- $350,000 gap. So I'd like to analyze that more carefully to see where it's going. If you don't have specifics for where it's going, I want to hold onto it, because I certainly would. City of Miami Page 104 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Carollo: I have specifics, but I understand what you said. My understanding was that that money was not original District 2 money. Was it original or not? Vice Chair Russell: It is, it is. Commissioner Carollo: It is original, Chris? Mr. Rose: Yes, sir. It was originally District 2 money; yes, sir. Commissioner Carollo: Well, then I will take back my motion, because it's not my intent to do that, even though District 2, because it's the richest district, is the one with the most parks, the best parks, and therefore, it usually gets the lion's share of the City's dollars. That has to be balanced into the future of how we allocate. But I - - Vice Chair Russell: I appreciate that, Commissioner. Commissioner Carollo: It was not my intention to take monies from one district, so I will withdraw that resolution. I was under the impression that that was money that had been placed into that park. But do let me say this: That the problem that I have with Virginia Key, and especially that amount for those fast bikes and so on, is that the vast, vast majority of the people that go there are not City of Miami residents. Many come from Key Biscayne; others come from other well-to-do areas outside of the City of Miami. But we're putting all this money into Virginia Key for them. So this is something that we're going to have to have another discussion to the future also. Last but not least, Commissioner Díaz de la Portilla, you began your discussion with the words, "There's got to be a better way." You know who said those words? It is the movie called "The Candidate"; Robert Redford, and he won the election. Commissioner Díaz de la Portilla: So that may be a very good sign for us, right, Commissioner Carollo? There has to be a better way. Commissioner Reyes: Got to be a better way. Commissioner Carollo: That's all he said, and he won the election. Vice Chair Russell: Thank you, Commissioner. Commissioner Díaz de la Portilla: I think we have an amended motion. Chair Hardemon: I thought I -- it was not muted. Chris, you had something? Mr. Rose: Yes. Commissioners. I have one amendment the Mayor has asked me to make, as well, but I've taken good notes on what Commissioner Díaz de la Portilla and Commissioner Russell have noted, and we will make those amendments if it passes as such. The Mayor has asked me to make an amendment also on Exhibit "A" of Item RE.17, by adding another line with funding coming from the Mayor's general roadway projects and from the general project of Mayor's parks, streets, and lighting improvements, 250,000 from each. This is the funding that the Mayor's Office received in the midyear budget amendment, similar to what each of the Commission offices received, as well. And it would go to a project with B Number 408203610, which is Southwest 5th Street, from 29th Avenue to 32nd Avenue, and it's a reconstruction of a road there. And the Mayor asked me, and I believe it was at the concurrence of Commissioner Reyes, as well. But that would be an amendment that the Mayor asked me to place on the floor, as well. City of Miami Page 105 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Reyes: May I explain what it is? This is a project that was started by the Mayor when he was the district Commissioner in District 4, and it has to do with enhancement of a little park there that is called Coral Park and the streets that comes -- goes from Coral Park to 32nd Avenue. It was a project -- that was one of his old projects. He started it and I'm finishing it. Chair Hardemon: Okay. So let's clarify then what the changes are on the record so that we're all clear, because we do have -- Do we have a motion and a second, Mr. Clerk? I'm not sure there was a motion and a second. I know there have been some friendly amendments, but I'm not sure. Commissioner Carollo: Yeah, I think -- Todd B. Hannon (City Clerk): Yes, Mr. Chair. There was a motion -- Vice Chair Russell: I was the mover. Mr. Hannon: -- made by Commissioner Russell; seconded by Chair Hardemon at 4:30. Chair Hardemon: Right. Mr. Hannon: And the amendments that have been proffered are friendly amendments, and they have been accepted by the mover and seconder. Chair Hardemon: Wonderful. Commissioner Reyes: That's right. Chair Hardemon: Then you captured it then. Mr. Hannon: Yes, sir. Chair Hardemon: Okay, wonderful. Is there any further discussion? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Mr. Rose: Thank you, Commissioners. City of Miami Page 106 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 RE.18 RESOLUTION 7663 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Commissioners NEGOTIATE AND EXECUTE A JOINT PARTICIPATION and Mayor AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY FOR THE DEVELOPMENT OF A MICROMOBILITY NETWORK; ALLOCATING FUNDS FOR THE CITY'S CONTRIBUTION IN AN AMOUNT NOT TO EXCEED ONE MILLION DOLLARS ($1,000,000.00) FROM MICROMOBILITY FEES IN ACCOUNT NO. 13000.201000.549000, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: Item RE.18 was deferred to the September 10, 2020, City Commission Meeting. For additional minutes referencing Item RE.18, please see "Public Comments for All Item(s)." Commissioner Carollo: Okay, RE.18. I have some questions on this. Can the Administration explain what is this money going to be used for and exactly what areas it's going to be used in? And what is the amount that we have sitting in the bank right now? Alan Dodd (Director): Commissioner, Alan Dodd, from the Department of Resilience and Public Works. The project is for doing roadway milling and resurfacing, pavement markings, high emphasis crosswalks, and then most importantly, the green pavement and bicycle boxes to create the bicycle lanes. The boundaries will be on Miami Avenue and Southeast -- Northeast 1st Avenue from Southeast 2nd Street to Northwest 11th Terrace, and then on 6th Street and the 5th Street from Northeast 2nd Ave to Northwest 3rd Ave. Commissioner Carollo: Okay. The bulk of what we're doing has to be because of the bike path, I would assume, correct? Mr. Dodd: Yes, sir. Commissioner Carollo: Here's the problem that I have: If we would be under normal times, pre-COVID-19, while I don't necessarily see the need for a lot of this, I wouldn't have questioned anything and would've gotten along with it. But knowing that we're facing a tremendous hole in our budget for next fiscal year -- and we're going to have to make some real tough decisions very, very soon -- I need to have this money, this sizable -- I believe it's close to a million dollars we have in the pot -- go to the general fund to plug up that deficit that we have. There is one small problem, and that is that when the ordinance was made from where this money is coming from, from the scooters, I believe -- and someone's going to have to confirm that to me, City Attorney -- that we had to use it for some of these type of projects. So I would ask the Administration -- if there's a majority that will support it -- to bring up a new ordinance; that we could change it, so we could use this money for the general fund. City of Miami Page 107 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 And this will be a quick way to plug that deficit by almost another million dollars. And I will do this across the board with anything that I find. And Chris and I have been having conversations; the Manager, too. And I've been pointing out to a lot of dollars, including from our own offices, that we need to start using to plug the deficit that we're having; otherwise, it's going to be real painful. And I don't want to go into hurting the employees that all have been affected, like every one of our residents, too, by this pandemic. Chair Hardemon: Is there an --? Vice Chair Russell: Yes, Mr. Chairman. Chair Hardemon: You're recognized. Vice Chair Russell: Thank you very much. And Commissioner Carollo, I'm with you on our horizon. Our financial horizon right now is -- it can be grim. And I know that the Administration is doing everything they can with what has been handed to them, the pie that we have right now. But I know what you're doing in terms of trying to make more pie, and I'm doing the same thing. And I know all of us are trying to find new sources of funding wherever we can, including the Federal Government. And that's something that I know each of us in our own way are trying to encourage; that the Federal Government help us, as any -- as we try to help our community. We need the help from our Federal Government. And so, we're left in that short time to try to plug those holes. The scooter program, even though on pause right now, has shown itself to be a lucrative program for the City if we manage it correctly. And it can continue to be that golden goose if it continues to happen. But the hardship I've had keeping the program alive, even with my own constituents, because the folks that ride the scooters aren't necessarily the folks I hear from or that vote for me or us. So many of the HOAs (Homeowners Associations) have had a lot of problems with the scooters. And for this whole time, this entire year we've generated this million dollars through the scooter program, our promise to them was that it will fund the lanes that get those scooters off the sidewalks. It'll make it safer, so the program continues without being dangerous for the elderly, for the people walking a baby or a dog, and pedestrians in general. So here we are, we've generated the money, and now it's been matched with another million dollars from the County to improve both City and County streets in downtown and Brickell, to make them safer for cyclists, scooters, and pedestrians, as a whole. I really feel that we would be betraying the entire program and the way the funding source was created if we don't do this, and we'll be losing that -- the other million dollars that the County is bringing to the program. And so, I get it that this is not the moment to be worried about bike lanes when we're facing an economic crisis within the City. But I think there's a timeliness to this, as the County is ready to go with their project. And by us bringing our portion, it completes the gap, and we can have these bike lanes all fixed and safe by the end of the year is my understanding. So I'll be glad to work with you on further funding sources. But I'm going to ask the Commission to please, for this moment and until that scooter program expands or the RFP (Request for Proposals) issues, the money that's been generated was codified to be spent for this purpose in this location, and I don't think we should go back on that. Commissioner Reyes: Mr. Chair. Chair Hardemon: You're recognized, Commissioner Reyes, and then the Senator. Commissioner Reyes: I do understand what Commissioner Carollo's doing, and he's absolutely right that we have to find every single penny that we have and send it back to the -- and try to reduce the deficit that we are facing now. But I am -- I supported this at the DDA (Downtown Development Authority), because -- not because of the City of Miami Page 108 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 scooters. You know how I feel about the scooters. I think that they are very dangerous, and I will vote always against them. But this money, which is $900,000, which is not a million dollars, as it states here, that it will enhance and will fix the bike path. In downtown Miami now, there's a lot of people that -- particularly now that we have this topic, and people that are going to work in downtown Miami and live in downtown Miami, they are constantly -- they're increasing the use of bicycles. And besides that, in these bikeways which we have now, this is the -- I mean, these bikeways is what are used by the e-motorcycles, electric motorcycles that now they are using in order -- that it was an ordinance that we passed here -- or a resolution to allow, you see, the delivery of Federal Express and -- but we want to get all of them into it, you see. And instead of using those trucks that they will, I mean, will block traffic and then reduce the amount of road available for people that are going to their work, because they park in the middle. And if we are going to increase these e-bike deliveries, instead of using the trucks, the delivery trucks, we need these roads, I mean, to be enhanced and to be, I would say, rebuilt. And that's why we at DDA, we supported this. Commissioner Carollo: I'm sorry. I think I -- Chair Hardemon: Commissioner Carollo. Commissioner Carollo: -- (INAUDIBLE) that downtown Miami was becoming more like China or Cuba with the bikes. But -- Commissioner Reyes: No, no, no. Commissioner Carollo: -- maybe that's (UNINTELLIGIBLE), I don't know. Commissioner Reyes: No, no, no, no, no; never like downtown in Cuba or India. But to that effect, we don't have the rickshaws. Commissioner Carollo: That's for a handful of people in the streets (UNINTELLIGIBLE). Commissioner Reyes: No, no. What I am more concerned, Commissioner Carollo, is in having the way -- I mean, the pathway for those delivery electric bikes that has been used in lieu of the trucks that go and they deliver, you see. I mean -- Commissioner Carollo: Well, I hope someone is going to take it into consideration and look out for those that drive cars in downtown Miami, because that's the biggest need that I see, a lack of lanes. You have one lane dedicated to buses only. Now we're going to be putting more space for bicycles that, frankly, every time I'm in downtown Miami -- I'll admit I'm not there as much as some of you are -- but I just don't see that usage on bicycles in downtown Miami. Commissioner Reyes: But this is going to repair, I mean, more than build, you see. It's going to be repairing more than existing ones; the ones that are existing. And as a matter of fact, this pilot program that we have with the e-bikes has been very -- I think that it's been very successful and there are other companies, you see, there are other companies that they want to also use the same system. That system has been used even by Amazon and (INAUDIBLE) you see. And what it does is ease the traffic in downtown Miami by taking out of downtown Miami the delivery trucks, you see. That is the main concern that I have about this, and it's not because of the skateboards. I don't feel -- I'm not too fond -- as you well know, Commissioner -- of skateboards. I consider them to be dangerous. But this is -- my support is based on that. City of Miami Page 109 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Chair Hardemon: Senator. Commissioner Díaz de la Portilla: Thank you, Mr. Chair. The irony is not lost on me, Commissioner Russell, that I was the one that gave you the third vote to pass to continue to keep your scooter program alive, and that now those dollars are -- everybody wants those dollars to be used. The problem that I have -- and I concur with Commissioner Carollo -- is that we are in very, very difficult economic times. And in the previous item that we discussed, we had the -- you know, I talked about the amount of poverty that we have in our City, the disparity in income that exists here. And as we enter these difficult economic times, we can all see what's going to happen. We can all see the future is not a bright one economically for our City. And to spend 900,000 plus, almost a million dollars on a bike lane -- and I think what it -- that concerns me. I think it's the wrong priorities. We need to save everywhere we can. We need to find ways, as Commissioner Carollo said, to -- you know -- to fill that $25 million hole that we have. And this would not be the right time to give a million dollars -- or close to a million dollars -- in my opinion for a bike path. We've had a lot of discussion about bike paths today. And that -- I think bike paths are valuable. I think they're important. Exercise is good. But I don't think it's a priority that the City of Miami should be -- the things the City of Miami should have as a first priority, but that concerns me. Now the other concern I have that's perhaps a question first -- and then I'll express a concern if I get the answer I expect -- are these County roads or City roads that we're fixing? What percentage are County? What percentage are City? Mr. Noriega. Arthur Noriega (City Manager): The ratio -- and Alan can back me up on this -- I believe it's 55 percent County, 45 percent City. Mr. Dodd: Correct. Commissioner Díaz de la Portilla: Okay. So, we're giving the County -- the same County that's not giving us our fair share or anywhere near that of the $474 million of CARES (Coronavirus Aid, Relief, and Economic Security) Act dollars -- we're giving them a million dollars for -- to help them build -- when we're in dire economic straits here in the City of Miami -- to help them build a bike lane or bike path? To me, that's just the wrong priority to be honest with you. I supported the scooter program and I supported the scooter program and its extension. Its extension, at the end, I think I voted for it twice, even though I have major concerns about the safety issues. And I know we're working through the Administration -- or with the Administration to sort of figure out how that RFP is going to look like. But I supported the program, so -- because we needed additional revenues for the City of Miami. And the only reason I supported it, really, to be honest with you, was because we were entering the pandemic. We already were forecasting the budgetary shortfalls we were going to have. And I'm thinking of things that can generate at the time, and now more than ever, of course, how we can generate additional dollars for our City. And I'm looking at revamping our mural ordinance, for example. Our murals, a number of things that can generate additional dollars for our City. We're looking for all those kind of revenue streams, right? The reason why I supported that scooter program was for that reason. But to be used for a bike lane, had you told me back then, "Hey, you know, do a program that you don't totally believe in, support a program, be the sway vote on a program you don't totally believe in so that we can generate dollars. Oh, and now we're going to use those dollars to build a bike path for the County," that's not -- I would have voted "no." I would have said, "no," absolutely not. Perhaps, in the future, I'll say, "Well, with the dollars that are going to be generated by the scooter program, I want to know where those dollars, those revenues are going to be spent." And if it's not going to be spent in the areas that really need it and it's going to be spent on bike lanes, I'm going to vote "no." And that's -- so that's a concern. We have to get our priorities straight. We are in dire economic times. We are going City of Miami Page 110 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 to see a lot of people hurting in the City, and we should not be building -- spending our dollars, our precious dollars on bike lanes. Obviously, I'm voting "no." Chair Hardemon: Commissioner Reyes. You're on mute, sir. Mr. Noriega: You're muted, Commissioner. Commissioner Reyes: Okay. I do understand your point, Commissioner. But we have -- what I'm defending here, it is a pilot program that we have that is going to generate funds because this pilot program after the first year, they're going to -- we're going to have licensing and that licensing is going to generate, at a guess, a little bit more than the scooters. And right now, DHL (Dalsey, Hillblom and Lynn) is using the e-cargo bikes, you know, in order to move real fast and real quick in downtown Miami using those bike lanes. And they are in -- I mean, they -- through the company, which is Reeve, now they are talking with Federal Express. They're talking with other companies that they're going to use it. And once this pilot program we find -- because this has been very successful, we are going to be charging license fees to those companies in order to be able to move in downtown Miami, you see. And the benefit of that is not only the economics that in the future it could bring; it's also the accessibility of downtown Miami, without those delivery trucks right in the middle of the traffic lane. They're blocking traffic and holding the people that are going to work, and people that are going to go to do business there, holding them back, you see. To navigate downtown Miami, because of those delivery trucks becomes very difficult, you see, sometimes in the morning and the afternoon. And that is why I've been -- I am in favor of this, because I know that we are going to need the path for those e-cargo bikes to move around, you see. It is not that we are going to be like China or like any other place, because if there is a person that has always argued that Miami will never be a pedestrian or bike city, it has been me since day one, because there are a couple of -- there is, I mean, a big constraint for that, that is called weather, you see. If you think that you can come from Southwest 8th Street and 27th Avenue and bike your way into Biscayne Boulevard and 36th Street, because you work there and you think the people are going to do that, I mean, you will find one or two persons that will do it, but I mean, massive bicycles -- I mean, people bicycling and go back and forth from work, no. This is not Amsterdam. This is not Rotterdam; no, this is not. If it is not raining, the sun is real hot, you see. But this -- the type of delivery that we are, I mean, that we're implementing now in downtown Miami is beneficial, not only for businesses in downtown Miami; it's also for patrons of those businesses that it will reach their destination, it would be easier when you don't have those traffic congestions that is caused by most of the delivery trucks that we have there. And that is the only way that -- with all respect. And also, there are some people that live in downtown Miami that they use the bike lanes. Commissioner Díaz de la Portilla: I'm sorry, because I had closed -- sort of closed my comments, but he raised a question. Commissioner Reyes raised a question that maybe the Manager can answer for me. You talked about FedEx trucks and the e- cargo bikes. My understanding -- and maybe I'm wrong -- but my understanding at least these bike lanes have nothing to do with the FedEx trucks, because FedEx trucks can't drive in these bike lanes. Commissioner Reyes: May I explain? Commissioner Díaz de la Portilla: And the e-cargo -- well, hold on, hold on. I'm talking about these specific lanes. I'm not talking about the assess ability issue and the rest of the program. That I understand. Actually, I at I giving the County a million dollars to do has nothing to do with the FedEx trucks or City of Miami Page 111 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 the e-t think that these bike lanes are just for bikes and drive and drive the scooters, right? So the question is to Mr. Noriega is that these bike lanes are for the e-cargo bikes and the trucks, or are these for people riding scooters or people riding the regular bike? Because it makes a difference in my decision here. Commissioner Reyes: They all use it. Commissioner Díaz de la Portilla: -- Mr. Noriega: Well, I mean, we have a pilot in place now for the e-cargo bikes. They're functioning without the modified bike lanes now, so they're operating. I'm not sure one really has a correlation with the other. The bike lane proposal that's on this as part of this reso is for dedicated bike lanes, intended for bikes; bikes and/or scooters, obviously. Scooters could certainly use them, as well. But the e-cargo pilot is functioning as a stand-alone project. It's not really -- Commissioner Reyes: But they are using -- Commissioner Díaz de la Portilla: That's a big difference. Commissioner Reyes: -- the bike lanes. They are using the bike lanes. Commissioner Díaz de la Portilla: Yes, but this program -- if I -- Commissioner Reyes: No, no. I do understand, but what I'm saying is, this could enhance that project, you see. Commissioner Díaz de la Portilla: But I think -- and if I may, Mr. Chair? I think that king about -- discussing in this item -- because I e e-cargo bikes for downtown. I think that that was a great, great proposal. And -- the trucks that are parked in th e e-cargo program that supporting that program. This is different. This particular item is for bike lanes for people to ride their bike in a particular sector during -- in North Miami Avenue, whatever the roads are. And this is to give a million dollars to Miami-Dade County. -- because there's a clear distinction here between the e-cargo bikes and the scooters and regular bikes. This is to give Miami-Dade County a little over $900,000 to do a bike lane for regular bikers and for scooters. Is that what this is? Mr. Noriega: Yes, sir. Yes, Commissioner. Commissioner Díaz de la Portilla: So then I will vote against it. Because I do not believe that we should be spending close to a million dollars so bikers -- and I said it, repeating. That we cannot be spending, in the kind of budget shortfall that we have close to a million dollars so people can -- to create a bike lane in Miami, anywhere in Miami. My district or any other district. And for scooters that are not even running right now. I think there are more immediate needs that we need to deal with. If this would impact the e-cargo program that's a different conversation. Commissioner Reyes: That was what I was saying. City of Miami Page 112 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Díaz de la Portilla: But if it doet lanes over parks or bikes lanes over the things that I think are the real necessities that we have in the City of Miami during these economic times. Commissioner Reyes: What I was trying to say -- to tell you -- and Commissioner is that all these bike lanes could very well, I mean, benefit the expansion of the e-cargo bikes. And now that there are other companies that are coming in, that if we have the infrastructure, you see, it would be more attractive to them. That is my opinion. I mean, I might be wrong but that is my opinion. I think that -- because I believe that the final objective of this pilot program is not only to implement this in Downtown Miami. Do it along, in other areas that are -- just for example, in Coral Way, Coral Way is a mess with all those delivery trucks over there. And -- my argument. My argument is that we can enhance or increase this pilot program and use the infrastr Chair Hardemon: Mr. Vice Chairman. Vice Chair Russell: Mr. Chairman, thank you very much. It is a robust debate and thank you. Mr. Chairman, I think you're going to end up being the swing vote on this -2. And here's the case that I'd like to make: We're not giving money to the County for County roads. This is a bicycle master plan, which is ten years delinquent. And many people have been injured and died on cycles -- bicycles in the City of Miami for lack of having that infrastructure. And so, the whole premise on which I was willing to support the scooter program was that it solves this problem, and the problem that's created by the scooters. And so, we will have betrayed everyone who supported the concept of this scooter when we passed that ordinance saying that money would be spent on this, and that was codified in the pilot program. We're going to kill that golden goose, because this program can actually continue to generate a million dollars a year for the City of Miami that we don't have to pull from other places to help fix our sidewalks, roads, our cycle infrastructure. We can't ignore the cycle infrastructure or people will continue to die. And we're very, very fortunate that no one in the full time of the pilot program died on a scooter under our program that I know of. And so, I believe it should be spent in this way in this moment. As we go to the RFP and look beyond, we can broaden where the scooters can ride, how the monies can be used. But this pilot program as it now has come to an end, we should honor where that money was meant to be spent. And if we don't, I know I can never find the support to restart the scooter program, nor would I want to restart the scooter program if we're not going to spend the money the way we said we would, and how it should be spent. So I'm asking for your support, Commissioner Hardemon, on the swing here so that in this particular case, this full circle, the entire battle of scooters over this last couple years, and at least even for those who don't like the scooters, there's a silver lining that the money was spent correctly in mitigating those issues. Commissioner Reyes: Mr. Chair. Chair Hardemon: Commissioner Reyes, then Commissioner Díaz de la Portilla. Commissioner Reyes: What I'm saying is this project, I mean, this project, we are not giving $900,000 to the County. The County is placing -- what? -- $1.4 million, and also, the roads -- half of those roads are ours, you see. We're doing it in our roads. Those roads are ours, too. I think that I am -- as I said before, I'm not fond of the scooters. I don't like them. I think that they are extremely dangerous. That is an accident waiting to happen. Since we have this money here, I think that, just as bicycles, we need to have some lanes that people that ride bicycles, that they be safe. And I also think that we can enhance this project with this pilot program and to other City of Miami Page 113 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 areas of downtown Miami, not only that have been constrained now to -- around 1st Street and Flagler, and Biscayne Boulevard. We can enhance, and that is my point. Chair Hardemon: Commissioner Díaz de la Portilla. Commissioner Díaz de la Portilla: No, Mr. Chair. I'll let you make your comments, and maybe if I like your comments, I won't say anything else. If I don't like your comments, I may add something at the end. I got to see where you're going. But I know since you represent the -- Chair Hardemon: That is the benefit of the Chair. Commissioner Díaz de la Portilla: -- since you represent another poor district, as I do that you understand our priorities are different in District 5 and in District 1 than they are perhaps in some of the other districts, and that a million dollars is a heck of a lot of money to spend on something that probably should not be a priority. I think you also understand that I never would've voted for the scooter program when we were entering the pandemic had I known that these monies were going to be misspent this way or spent on bike lanes, on things that should not be priorities for the City of Miami right now. And I'd probably -- if it comes back before us -- probably if I know that that's going to happen again, I'll probably vote against it and the funding will be gone, because the fact of the matter is that that's not where I want the money spent. And I don't think that anybody that knows the communities are hurting in this City should be spending those dollars on bike lanes. Commissioner Reyes: Well, let me -- Commissioner Díaz de la Portilla: That's not to try to influence your opinion, Mr. Chairman, in any way. (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Díaz de la Portilla: A little -- you know, a little prodding is important. I am allowed to lobby publicly here, so I'm lobbying it here. I think it's important that -- Commissioner Reyes: Well, yeah. Commissioner Díaz de la Portilla: I know you've always known your priorities, and I know you'll know them now too. Commissioner Reyes: Let me just have a final word, you know. I know you as well as I -- that we understand that we are a very poor city. And if we could instead of -- I mean, use this money instead of for the bike lanes, then let's use it to help those people that are suffering now. I might go for it, you see. I will say, "Okay. Let's direct these funds with the commitment that as soon as everything start going" -- I mean, "we go back to normal and we get some additional funds and we replenish our general funds, then we will take" -- I mean, "we will take action on these bike lanes." I mean, I know that we are in a moment of crisis, you see, and people should realize that we're in a moment of crisis. But if we are going to move this into parks and things like that, I don't agree with it. Chair Hardemon: Commissioner Carollo. Commissioner Carollo: My statement stands. I believe we should put this in the general fund. I mean, I could be very politically correct and say that we could use it for stuff that we're all going to love and that will definitely be helpful to our City of Miami Page 114 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 community, but it'll be gone. And what I'm trying to do is find the dollars from places that it's not going to hurt our people, our residents, our employees, so we could plug that hole. And this is one of them. I'm going to tell you all now, there is not that many places we could go to. So the more that we brush aside different pots that we might be able to go from, the more painful it's going to be for us to balance our budget. Now, you mentioned something, Commissioner Reyes, that I think makes sense; that you'll vote for this if we will then, once the economy gets better, our budget gets better down the road, that we come back and find the funds to be able to do this project. I would be in favor of that, and I will say that I am sure that whoever the Commissioner's going to be in District 5 from the County will still be bringing forth the County side of the dollars. Maybe they'll bring even more, where we might not have to put as much, or anything at all. So, if you'll be willing to go along with that motion, I can certainly support it; and if not, I have another motion that I'll make. Commissioner Reyes: Well, I will go along with it if these funds -- the $900,000 are used to, I mean, help people that are -- we might increase the amount of money that people that are being evicted could, I mean, use these funds for those -- as an assistance, people that will be evicted or people that are losing their jobs, or businesses in areas that now they are hurting because of lack of -- I mean, due to the constraints that we have, particularly in small restaurants, that they cannot -- there are some restaurants that they don't have spaces that -- I mean they don't have enough capacity. I mean, they don't -- they cannot serve inside, and they don't have a sidewalk or any place that they can serve any food. I'm willing to divert these funds for them. Some of them are in downtown Miami. Yes, I'm willing to divert this with a covenant that once we go back to normal et cetera, they -- and let me tell you, I agree with Commissioner Díaz de la Portilla. I know that economic recovery is going to be a long process, and it's going to be a painful process, and that is due to the fact of the structure of our economy, you see. We have a service economy that it will take a long time in order for us to start getting people back in Miami, back in Miami Beach, and all of that. I know that. But if we have that covenant that we -- then we go and we take care of this, I'm willing to go along and use those funds and, I mean, to help those people that are hurt. And I will suggest it could be those small restaurants and within downtown Miami, you see, and other areas. Commissioner Carollo: We're getting closer now, I think. Can I suggest, Commissioner, that we use the wording that will bridge the wording that -- of what I said, general fund, and what you're saying to some extent, that we will put this money in the general fund, instructing the Manager to be used in the general fund in ways that we will be spending dollars to further alleviate the pain that COVID-19 has caused. Chair Hardemon: Let me say this, gentleman: I think we kind of have an issue -- and I know Madam City Attorney may want to touch on this. But I believe in the Section 8-12, motorized scooter fee, that it speaks directly to the issue of where that money should be spent during the pilot program time. And I believe it says that it should be spent on the sidewalk/sidewalk area and/or street improvements within the pilot program area. And so, that's an ordinance that's already on the books about where that money is supposed to be spent. Another thing I want to say is that, you know, I'm fairly confident that we're going to get additional dollars from Miami-Dade County through the CARES Act to be able to spend to further expand our programs that we want to have for housing, for businesses, et cetera. Right now, on the table, the City is looking at around -- well, the last draft that was passed to us. We should have a response now back from our County Mayor about what they -- what he's going to be proposing to the County Commission. But our fight is for between 40 and 60 or so million dollars that will come to the City of Miami that we can use to help combat the issues that we face because of the COVID-19 virus. I'll tell you this: I'm a motorcycle rider. I have a 1977 Schwinn, and I hate scooters. The scooters -- the problem that I City of Miami Page 115 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 have with scooters -- and the Vice Chairman know this -- but the problem that I have with scooters is that the riders tend to be less skilled than motorcycle riders. They don't have training, and they don't follow the same -- generally, they don't follow the same levels of safety that motorcycle riders do. Now, I know everyone sees motorcycle riders do some crazy things, but those are to the outliers. Generally, motorcycle riders tend to know the danger that they're in when they're on that two- wheeled machine. And so, because of that, I've seen a lot of accidents that are really safety-related accidents, because someone is riding a scooter who just doesn't understand basic safety. They do a lot of silly things that get them hurt. And you know, in my district, I -- we improved the alleyways throughout my entire district. And what it gave us is a way to traverse the City safely. It was kind of like my little -- what do you call it? -- underlying project, where we improved the alleyways. We striped bike lanes. We put lighting, and it made a difference in safety. People walk through those alleyways. People exercise in those alleyways. They do a lot of different things in those alleyways. And so in this -- and I completely understand the necessity of having the ability to traverse our streets on a bicycle. I think that the only way that we solve our issues is by giving people an opportunity to travel through our City by different means, comfortably. I do not think that bikes and scooters should be on the same, lane of traffic. I think that is problematic. But I certainly believe that bikes should have their own lane, that people should feel safe riding those bikes to go from place to place, because the last time that I rode my bike, when I started -- I rode my bike on the street -- you know, I feel safer on a motorcycle than I do on a bicycle, because the helmet that I'm wearing on the bicycle, the way that I'm impeding traffic, if you will, on a bicycle -- because no motorcycle's really not -- I'm sorry -- no car driver really understands the law when it comes to -- it seems to be -- bicyclists and how bicyclists should use the lane. And so, I think there's just a lot of issues that makes it very difficult for bicycles and cars to be sharing the same lane. Now, I also understand the issues that we're facing with our deficit, but this money seems to be designated for a certain use, right? The question is, do we go -- is it -- are we in a position right now that we need to make an amendment to the motorized scooter ordinance to create an opportunity to use that money elsewhere? Or do we follow through on our initial promise to use the money as we've defined it and use it for this instance, and then moving forward, decide how we want to do it, you know, another way? I think this is a tough issue. And I completely see Commissioner Carollo's point, I completely see the Senator's point, but I also see the Chairman's point in this. And so, I'm torn on it, because I certainly believe that we should do what we can to make our streets more safe for those who want to travel on foot or on bicycle, and even on scooters. But at the same time, we do have a responsibility to make sure that our budgets are balanced. So maybe a -- in between -- well, I mean, this is not -- I'll hold that part back just to hear the comments of Commissioner Carollo, because right now, you know, it seems like Commissioner Carollo is against this idea, as well. Maybe this is an item that could be tabled until we come to a better grasp about where we're going with this whole thing regarding COVID-19 and CARES Act dollars, and things like that, because it could be additional -- some additional funds that we could use later, because I would hate to see this die. I would hate to see this die, because we are nervous about our financial position. I would love to see it pass. I would love to see the improvements. I mean, has the County -- this is a question maybe for the staff. Has the County designated their dollars already? Commissioner Reyes: I don't know. From what I heard yesterday, they have the funds; that's what I heard. You see, and I want to clear something. I'm not confusing the e-cargo bikes and the bicycles. What I'm saying is by improving the bike lanes, we can get all the e-cargo bikes that they would ride on the -- that was the idea -- on the bike lanes. And by increasing the territory, they will be able to use it extensively. That's what I'm saying. And I also think that also that we need some -- in those areas around -- given the traffic. And I agree with you. I would never ride a bike in traffic. I would never do that, you see, because, I mean, I don't feel safe. As a matter fact, City of Miami Page 116 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 most people ride bicycles on the sidewalks, you see, because they don't feel safe on the streets. But if we can do it, I do understand what Commissioner Carollo and Commissioner Díaz de la Portilla, I understand their concern, and the concern with people that are suffering, particularly, small restaurants, and all that. And I'm willing -- I mean, if we can switch the funds with a covenant that we will do it later on, if we can switch the funds in order to help those people that are in need, I'm all for it. Commissioner Díaz de la Portilla: Mr. Chairman, if you would be -- Chair Hardemon: Senator, and then Commissioner Carollo, and then the Vice Chairman. Commissioner Díaz de la Portilla: Thank you. Thank you, Mr. Chair. Mr. Chairman, if you would be amenable to tabling the issue -- we're going to be doing a budget in September, and there we'll have a clearer picture of where we are economically, what our shortfall's going to be, what our hole looks like. Some of the things that are now mandated in the scooter ordinance is for sidewalk repair. It's not only for bike lanes, and maybe some of those sidewalk repairs -- they have to be within District 2 -- that's what -- the only place we have scooters. But it could be, for example, for the West Grove, areas like that. They could be for parks, where the sidewalks can be repaired, and maybe have a restaurant program that you can use those sidewalks for additional seating. They're repaired in a good state. So there's a lot of options available to us when we see where we're at in September, and we have a better idea of how big the hole is and how we can get out of it. And maybe a million dollars here and a million dollars there, it's going to add up as we move forward. And then we can have a better sense of how to -- what our priorities will look like. So if you would help us table it and maybe come back in September and have a conversation about it, I think it would be a more informed conversation with more facts on the table. Chair Hardemon: Commissioner Carollo, and then the Vice Chairman. Commissioner Carollo: I would accept tabling it. I still think we're going to be in the same situation; that we're going to need that million dollars for the general fund. But, Chairman, if you remember, when I started this conversation, the first thing that I said was that we were going to have to make an amendment to the ordinance that we have. So I was aware we had to make an amendment to the ordinance in order to be able to shift that money to the general fund. But keep in mind that these are ordinances that we created ourselves. It's not that this is a Charter amendment; that would be quite different. These are the works that we could do within the structure of our government. But I would be willing to table this until September and see, you know, just how much more we're going to need to balance this budget. Chair Hardemon: So I'll allow Ken to speak, and then, Senator, if you have a motion, then I'll second your motion to move forward however you feel. Mr. Russell, go ahead. Vice Chair Russell: Thank you, Mr. Chairman. If I'm not mistaken, we have a motion on this item actually on the floor to be passed. And my goal to pass it today is that the County has committed already and they've already finished their design, and they're working on permitting. They have to go through us for that. The DDA passed a reso that Commissioner Reyes signed just the other day, not only in support of this project, but committing DDA funds to helping with the separators, to make sure that these bike lanes are safe and for finding additional funding there. And the project can get done by the end of the year and it is important. This program -- to undo the funding that was created by this program betrays everyone who supported this program when it first passed, because if it -- the money wasn't going to be spent on this, I wouldn't City of Miami Page 117 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 have been a champion for it in the same way. And I really appreciate that you all have gone out on the limb with me who have supported the scooter program, even when you weren't necessarily in support of it. You've been patient with it, and you've taken a risk on it, because someone could've gotten seriously hurt. But no one's taken that risk greater than the residents of my district, who've been dealing with the scooter program and counting on the promise that with it would come sidewalk improvements, bike lanes where the impact of the scooter program was happening. And now that promise is before them, and it can be fulfilled by the end of this year. And we can continue to make money on the scooter program, but we should pass this now so that the program -- so that the -- I don't know that the County money will be there later on. So we would have to completely change an ordinance and undo a promise of how this money would be spent when those who came in support of that ordinance believed that's how we were going to spend the money. I think we fulfill this promise. We're spending plenty of money on many, many things that are not COVID related. In fact, today nearly everything we've done is non-COVID related. We are also plugging those COVID holes, as well, and finding the ways we can save money and make money. But I think we can walk and chew gum. We don't have to stop every City project in order to address the crisis that we face with COVID. I think we all fight together and work on that, but we should pass this today. So that's my ask of you, Commissioner Reyes, Commissioner Hardemon; that we please fulfill the promise that this pilot program has written into the ordinance. Chair Hardemon: Commissioner Russell, I look forward to seeing this program come to fruition. I know that these approvals will be made. I do think that the position, though, that the Senator and our good former Mayor made are important ones, and I don't have a problem with getting the bigger picture. And I don't think that this short delay is going to really cause the demise of it. So if Commissioner Díaz de la Portilla wants to continue the item to budget time, I will second that motion. Commissioner Díaz de la Portilla: I will make the motion to continue the item until the September -- you want the 8th? -- I'm sorry, the October 8 meeting or the September -- the first meeting in September or the second meeting in September? Commissioner Reyes: I have a question before I vote on this. Commissioner Díaz de la Portilla: Well, I'm making a motion. Let me just make my motion and then -- Commissioner Reyes: Okay. I'm sorry. I thought you did already. Commissioner Díaz de la Portilla: All right. So my motion will be to defer the -- defer until the first week of September -- first Commission meeting in September. Victoria Méndez (City Attorney): That's the budget meeting actually, so -- Commissioner Díaz de la Portilla: So when do you -- when would you like to defer the item? We're going to talk within the context of the budget meeting. Chair Hardemon: That's fine. Ms. Méndez: Yeah, yeah, that's perfect. Commissioner Díaz de la Portilla: Yeah, that's fine. So we'll defer it to the first meeting in September, to the budget meeting, so we could talk about this million dollars and the context of that over our budget discussion. That's my motion. Chair Hardemon: All right. I'll second that. Any further discussion on the motion? City of Miami Page 118 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Reyes: I just want to -- just a simple question. Is there -- on the funds committed from -- County funds committed to this project, do they have a deadline that we have to accept it? Ms. Méndez: Chris, or Mr. Manager, do you know; or Mr. Dodd? Commissioner Carollo: There shouldn't be any. Commissioner Reyes: Shouldn't be any. Well, in that case, I don't think that -- Mr. Noriega: I don't have any -- Commissioner Reyes: -- a little delay will hurt. Okay. Mr. Noriega: -- hesitation. Commissioner Reyes: Okay. Chair Hardemon: Okay. All right. Seeing no further questions or concerns, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? The motion for continuance is granted. Ms. Méndez: Chairman? Chair Hardemon: Yes. Ms. Méndez: Because we got enthralled in discussion, I just want to let you know that for RE.18, we have to make a slight modification by just saying the word "resolved" versus "ordained." It could be a scrivener's memo, also, but I just wanted you to know it'll be changed with that minor word. Thank you. Chair Hardemon: All right. Let's -- Commissioner Carollo: Okay. Todd B. Hannon (City Clerk): And Chair, I have the vote on that deferral as 5-0? Chair Hardemon: Yes. City of Miami Page 119 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 RE.19 RESOLUTION 7664 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), WAIVING BY A TWO-THIRDS (2/3) MAJORITY Office of the City VOTE, ANY CONFLICT OF INTEREST THE MEMBERS OF THE Attorney MIAMI 21 REPORT AD HOC TASK FORCE ("TASK FORCE") MAY HAVE, IF ANY, IN ACCORDANCE WITH SECTION 112.313(12), FLORIDA STATUTES, SUBJECT TO THE TASK FORCE MEMBERS PROVIDING PROOF OF SUBMITTAL TO THE STATE OF FLORIDA OF A FORM 4A, "DISCLOSURE OF BUSINESS TRANSACTION, RELATIONSHIP OR INTEREST FORM", ATTACHED AND INCORPORATED. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: Item RE.19 was continued to the September 24, 2020, City Commission Meeting. For additional minutes referencing Item RE.19, please see "Public Comments for All Item(s)." Chair Hardemon: Okay. Now let's go back to RE.11. Let's get there. 3384 Day Avenue Investments. Vice Chair Russell: That comes after the shade meeting, Mr. Chairman. Chair Hardemon: Oh, that comes -- that's that. You're right. You're absolutely correct. Victoria Méndez (City Attorney): That's if you still want the shade meeting. Chair Hardemon: So then RE.19. Commissioner Reyes: RE.19. Let me -- Mr. Chair, if I may? Chair Hardemon: You're recognized. Commissioner Reyes: If I may. Chair Hardemon: Please. Commissioner Reyes: Okay. You see, Ms. Men -- and City Attorney, is there a conflict of interest in -- I mean, if there's any conflict of interest with people that have been appointed according to the Dade County -- I mean, the -- Did you --? You have an opinion, you see, that says that there is no conflict of interest, right? Ms. Méndez: I will let Mr. Wysong explain. We got two opinions, so you are correct. We have one from the County and one from the State. And I'll have Mr. Wysong explain it in more detail. George Wysong (Assistant City Attorney): Yes. Thank you, Mr. Commissioner, and members of the Commission. We had sought two opinions actually; one from the Miami-Dade County Commission of Ethics and the Public Trust, and the Florida City of Miami Page 120 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commission on Ethics because City boards and City employees and all of us are subject to both of their jurisdictions. So the first one -- we sought them simultaneously. The first one we got though was from the Miami-Dade County Commission on Ethics. And they have a long-standing opinion that if an advisory board is constituted such that it will not work beyond 365 days that the County Commission on Ethics, the County ethics code will not apply. What makes this particular item challenging, though, as far as determining the actual date is we have two resolutions. We had the one resolution that created the question or the assignment, as I call it, for the City Administration to come back with its review of Miami 21. That resolution was adopted December 12, 2019. Then there was a resolution January 23, 2020, this year, that created the Miami 21 Taskforce. So the Commission on Ethics is viewing that 365 days as starting from the earlier resolution, which is December 12, 2019. So -- and by the way, the Commission on Ethics -- the County Commission on Ethics Code is not subject to our ordinance that -- our emergency ordinance tolling certain provisions. So it's looking like this ad hoc committee, as far as the County Commission on Ethics, must complete its business before December 12. Commissioner Reyes: Okay. Mr. Wysong: Much of their time has been wasted, because they haven't been able to - - as you know, sir, because of COVID. But they have a very short time. Commissioner Reyes: Before I ask for this to be deferred so we can start again, and I -- because we don't have time, because I really want all the members -- not only that they meet and they discuss the issues that they should discuss about Miami 21, I want to have public meetings so that there is public participation into those meetings. And I also would like to include that whatever decision is made, it should be -- should go to PZAB (Planning, Zoning and Appeals Board), and PZAB should approve it. But I'm going to make a couple of comments in regard to the accusations that have been made to those people that were appointed. You see, and they are assuming some of those people that are accusing the appointees, they are assuming that because they have a line of work that they are hired by developers, that they are going to be partial with the developers. That is like assuming that a defense attorney cannot be a judge because you would always be in favor of that defendant. Also, I think it is some sort -- I mean, it is insulting, because we have in -- I myself -- people that I appointed. I have a resident of the City of Miami, which is very much interested and very much in favor of seeing some modifications in Miami 21 that will fulfill the intention -- I mean, what drove me to ask for this committee, which is the protection of single-family homes; protections of the neighbors and the neighborhood that abut some of the developments that are going -- taking, place and how we can protect the neighborhoods, you see. That's the intention. I vetted my -- the two people that I appointed, and we discussed at length how this can be protected, and what was the intention -- what was the intent of this committee, you see. I just want people -- and I'm just going to say this. Because you are a criminal attorney doesn't mean you are a criminal, you see. And most people that has been appointed to those -- I mean, to this committee, they have the best intention and they're professionals. And they have intention -- and I know that my fellow Commissioners, they also vetted the people that they appointed, and they have all the trust. And they know what they want, also, and what they asked of this. And what we want is to protect our neighborhoods. And who knows better where all the loopholes, who knows better, I mean, what different tactics are used than those people that are doing it daily, you see? I'm not going to -- I mean, if you have a problem with your car, you go to a mechanic. But we have a problem with the legislation, which is called Miami 21, which is very, very difficult. And the people that have been working with them and people that have been using it and people that have been benefiting from it, they are ones that know the best. But that's why I picked those people that I thought they knew it the best, that they knew it City of Miami Page 121 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 by heart, and they know how to close those loopholes, how can we modify it, then we will help protect our neighborhoods. So having said that, I am moving to defer this to September, the first meeting or the second meeting in September. And then we will strategize how we can extend the life of this committee, which is -- I think is extremely important. It's extremely important, because we have to extend the life. According to Mr. Wysong, this is going to sunset in December, and it has not accomplished what we intend to accomplish, which is to identify those areas that could be reformed and protect our neighborhoods. And I'm moving it to be -- I mean, defer this to, I would say, the first -- the second meeting in September. Mr. Wysong: Mr. Chair, could I just comment real quick? So the effect of this deferral will be that this board -- this taskforce will not be able to meet. They are scheduled to meet, I think, next week and then perhaps once in August. So due to the deferral, I will advise the Planning staff that they cannot meet, with your instruction that in September we will come back, with perhaps renewing the board, reconstituting the board. Commissioner Reyes: That's right. Mr. Wysong: Okay. Commissioner Reyes: Renewing the board and placing some constraints in it, and making it clear what our intention is, and how this -- I mean, how it's going to work. I mean, what are we going to do with the recommendations from them? Whatever they recommend has to go and will go through PZAB, you see, and making it very clear that the intent of this -- the objective of this board is to protect the neighborhoods, protect the T3s and the T4s. Okay? Do I get a second? Chair Hardemon: Is there a second to his motion to defer the item? Vice Chair Russell: Second. Commissioner Díaz de la Portilla: I'll second it. Chair Hardemon: It's been properly moved and seconded. Any further discussion on that motion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. END OF RESOLUTIONS City of Miami Page 122 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 7338 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Commissioners AS AMENDED and Mayor SECTIONS 20--3, TITLED IAL FLOOD HAZARD AREAS, OR NONSPECIAL FLOOD HAZARD ARE- 4LOPMENT WITHIN SPECIAL FLOOD HAZARD DATUM FOR THE PURPOSE OF ADMINISTERING THE CITY OF PREVENTION REGULATIONS; FURTHER AMENDING CHAPTER 29 OF THE SECTION 29--82, TITLED -83, TITLED RMITS FOR WATERFRONT IMPROVEMENTSREQUIRED, SECTION 29-- -91, TITLED - SECTION 29-93, TANS; DUTY TO N 29-9FOR INSPECTIONS,- TO ESTABLISH NEW STANDARDS FOR THE CONSTRUCTION, RECONSTRUCTION, AND REPAIR OF SEAWALLS AND BULKHEADS; ESTABLISHING A NEW MINIMUM HEIGHT OF SIX 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 City of Miami Page 123 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 THRESHOLD THAT PROVIDES FOR SEAWALLS AND BULKHEADS TO BE RECONSTRUCTED TO PRESENT SPECIFICATIONS PROMULGATED BY THE DEPARTMENT OFRESILIENCE AND PUBLIC WORKS UNDER CERTAINQUALIFYING 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 /AGREEMENT AND BOND AS TO PAVING AND OTHER IMPROVEMENTS BY PERSONS 88 FOR NEW AND RECONSTRUCTED SEAWALLS AND BULKHEADS FOR APPLICABLE PROPERTIES SUBMITTED TO ATTING PROCESS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY 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: For minutes referencing Item SR.1, please see "Order of the Day" and "Public Comments on All Item(s)." SR.2 ORDINANCE Second Reading 7096 MAY BE WITHDRAWN Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING and Mayor CHAPTER 2/ARTICLE II/SECTION 2-33 OF THE CODE OF THE "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE," TO PROVIDE THAT ANY LEGISLATION INVOLVING THE ESTABLISHMENT OR CESSATION OF A POLICY SPONSORED BY THE CITY MANAGER SHALL ADDITIONALLY REQUIRE SPONSORSHIP FROM AN ELECTED OFFICIAL; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN 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: For minutes referencing Item SR.2, please see "Order of the Day." City of Miami Page 124 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 SR.3 ORDINANCE Second Reading 7185 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, Commissioners and Mayor SPECIFICALLY, BY AMENDING SECTION 23-4, TITLED RIC RESOURCES, HISTORIC DISTRICTS, MULTIPLE PROPERTY DESIGNATIONS, AND ARCHAEOLOGICAL SI-6, TITLED "TRANSFER OF DEVELOPMENT RIGHTS AND DENSITY FOR HISTORIC RESOURCES; PROVISION FOR A DETERMINATION OF ELIGIBILITY PROCESS, AND SPECIAL PROVISIONS FOR RESOURCES WITHIN THE MIAMI MODERN (MIMO)/BISCAYNE BOULEVARD HISTORIC DISTRICT; PROHIBITING CERTAIN USES; AND ESTABLISHING A 35-FOOT HEIGHT LIMIT", AND SECTION 23- APPROPRIATENESS", TO PROVIDE THAT PROPOSALS FOR DESIGNATION MADE BY THE MIAMI-DADE COUNTY HISTORIC PRESERVATION BOARD, THE CITY COMMISSION, THE CITY OF ZONING, AND APP, AND ANY ORGANIZATION THAT HAS BEEN A REGISTERED NON-PROFIT CORPORATION IN THE STATE OF FLORIDA FOR AT LEAST FIVE (5) YEARS WITH A RECOGNIZED INTEREST IN HISTORIC PRESERVATION WILL REQUIRE A SUPERMAJORITY VOTE; TO MODIFY THE TIME TO APPEAL DECISIONS REGARDING HISTORIC DESIGNATIONS TO THE CITY COMMISSION TO SIXTY (60) DAYS; TO MODIFY THE TIMING OF NOTICE; TO PROVIDE THAT THE NOTIFICATION TO OWNERS OF PROPERTIES DESIGNATED AS HISTORIC WILL CLEARLY ADVISE THE OWNERS OF THEIR RIGHT TO APPEAL TO THE CITY COMMISSION; TO PROVIDE TIMING FOR SCHEDULING APPEALS; TO REQUIRE ADDITIONAL NOTICE OF PUBLIC HEARINGS FOR SPECIAL CERTIFICATES OF APPROPRIATENESS; TO PROVIDE UPDATES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13912 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Diaz de la Portilla, Carollo, Reyes NAYS: Russell Note for the Record: For additional minutes referencing Item SR.3, please see "Public Comments for All Item(s)." Chair Hardemon: Madam City Attorney, can you read into the record SR.3? Victoria Méndez (City Attorney): Yes. It's very long so -- an ordinance of the Miami -- oh, wait, SR.3? City of Miami Page 125 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Chair Hardemon: Correct, 3. Ms. Méndez: Oh, okay, great. SR.3. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Okay. Is there a motion for SR.3? Commissioner Reyes: I move it. Chair Hardemon: It's been properly moved. Is there a second? Seconded by the Chair. Any further discussion? Vice Chair Russell: Yes, Mr. Chairman. Ms. Méndez: Chairman? Chair Hardemon: You're recognized, Vice Chairman. Vice Chair Russell: Thank you. I believe this would weaken our historic preservation -- the historic preservation portion of our Code, making it more difficult to designate properties and to protect them. I also believe that it has some inconsistencies in how it holds other boards over which we do not have jurisdiction to certain barriers that they need to pass, which could make our later judgments susceptible to challenge. If we're holding another board to a certain standard of a super majority, for example, where we don't have jurisdiction over that board, so we then don't accept their recommendation, they may have a cause of action to say that they're not being heard. So I'm against this ordinance. Commissioner Reyes: I just -- and Mr. Chair, I just want to remember -- I mean, remind everybody that this is supported by all the Planning Department and it's not going to create anything to the sort. Chair Hardemon: Any further discussion? Commissioner Reyes: No. Todd B. Hannon (City Clerk): Chair. Ms. Méndez: Chair. Chair Hardemon: Yes. Mr. Hannon: Please, Madam City Attorney. Ms. Méndez: I just wanted to point out there was a substitution, sir. Commissioner Reyes: Yes. No, go right ahead and read it. Ms. Méndez: It was just the -- it had to do just with the majority, four-fifths majority of those present. That was -- Commissioner Reyes: That's right. Ms. Méndez: -- in the ordinance. And I just wanted to advise Vice Chairman Russell -- he had brought up that -- his concern. And I believe we sent him a little section of City of Miami Page 126 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 the Code that allowed for this. We just -- it would be the criteria on which we consider other organizations telling us to please designate something. Chair Hardemon: Okay. Any further discussion? All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Vice Chair Russell: Against. Chair Hardemon: Motion carries. SR.4 ORDINANCE Second Reading 7566 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE V/SECTION 54-190 OF THE CODE OF Commissioners THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "STREETS and Mayor AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS", BY MODIFYING THE WIDTH OF NORTHEAST 1ST AVENUE FROM NORTHEAST 5TH STREET TO NORTHEAST 6TH STREET AND NORTHEAST 10TH STREET TO NORTHEAST 12TH STREET AND MODIFYING THE WIDTH OF SOUTHWEST 28TH AVENUE FROM SOUTHWEST 10TH TERRACE TO SOUTHWEST 10TH STREET, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13913 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: Madam City Attorney, read SR.4 into the record, please. The Ordinance was read by title into the public record by the City Attorney. Victoria Méndez (City Attorney): I believe you all received a substitution, as well, for this item. Commissioner Reyes: Okay, move it. Chair Hardemon: It's been properly moved; seconded by the Chair. Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Nzeribe Ihekwaba (Assistant City Manager): Mr. Chair? Chair Hardemon: Yes. City of Miami Page 127 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Mr. Ihekwaba: I'm not sure if I understood correctly. The limit of the change of Northeast 1st Avenue is 10th Street to 12th. Chair Hardemon: That's what the substitution says. Mr. Ihekwaba: Okay. Chair Hardemon: Okay. Correct, Madam City Attorney? That's what I read. Ms. Méndez: In the substitution -- is the title -- did the title not change then in our -- in the reading of the ordinance? Did I misstate that? Can --? Chair Hardemon: In the title, it reads, "By modifying the width of Northeast 1st Avenue from Northeast 5th Street to Northeast 6th Street and Northeast 10th Street to Northeast 12th Street, and modifying the width of Southeast 28th Avenue from Southwest 10th Terrace to Southwest 10th Street." So it says, "12th Street," on the heading, as well as in the interoffice memorandum. Ms. Méndez: Okay, so it's -- I just wanted to confirm that it is correct. Dr. Ihekwaba, what you're -- Mr. Ihekwaba: Yeah, that's correct. That's correct. Chair Hardemon: Okay. Ms. Méndez: All right. Thank you. Chair Hardemon: Did we carry the motion? We did? Mr. Hannon: Yes, sir. Chair Hardemon: We carried the motion, yeah. Commissioner Reyes: It was a motion and a -- Chair Hardemon: Correct. Commissioner Reyes: -- second. END OF SECOND READING ORDINANCES City of Miami Page 128 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 7629 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 49 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Commissioners AS AM and Mayor TO THE CITY OF MIAMI'S ("CITY") FORMER SANITARY SEWER SYSTEM AND UPDATE REFERENCES TO THE CITY'S CURRENT STORMWATER MANAGEMENT SYSTEM; PROVIDING FOR A LIMITATION ON DISCHARGING SILTED WASTEWATER TO THE CITY'S STORMWATER MANAGEMENT SYSTEM; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE 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 ABSENT: Russell Note for the Record: For additional minutes referencing Item FR.1, please see "Order of the Day." Chair Hardemon: Madam City Attorney, can you read into the record FR.1, please? The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: Move it. Commissioner Díaz de la Portilla: Second. Chair Hardemon: It's been properly moved and seconded. Any discussion? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. City of Miami Page 129 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 FR.2 ORDINANCE First Reading 7630 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Commissioners AS AMENDED ("CITY CODE"), TITLED TREETS AND and Mayor ATE AND CODIFY INDEMNITY, INSURANCE, AND SURETY REQUIREMENTS IN CONNECTION WITH SIDEWALK CAFE PERMITS, RIGHT-OF-WAY PERMITS FOR TELECOMMUNICATION FACILITIES, NEWSRACKS, AND PAY TELEPHONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Diaz de la Portilla, Carollo, Reyes ABSENT: Russell Note for the Record: For additional minutes referencing Item FR.2, please see "Order of the Day." Chair Hardemon: FR.2. Please read it into the record. The Ordinance was read by title into the public record by the City Attorney. Victoria Méndez (City Attorney): I believe you also received a substitution on FR.2. Mr. Clerk, could you confirm that? Todd B. Hannon (City Clerk): Yes. You are correct, Madam City Attorney. Ms. Méndez: Thank you. Chair Hardemon: Is there a motion? Commissioner Díaz de la Portilla: So move. Commissioner Reyes: Second. Chair Hardemon: It's been moved and seconded. Any discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. City of Miami Page 130 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 FR.3 ORDINANCE First Reading 7633 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE II/SECTION 54-46 OF THE CODE OF THE Commissioners CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED and Mayor EXCAVATION AND REPAIR/AGREEMENT AND BOND AS TO PAVING AND OTHER IMPROVEMENTS BY PERSONS SUBMITTING PLATS, REPLATS, ETC., TO COMMIAPTER 55 OF THE CITY CODE, TI CERTAIN SUBDIVISION REQUIREMENTS, PROCESSES, AND STANDARDS INCLUDING CERTAIN DESIGN STANDARDS AND REQUIREMENTS FOR SUBDIVISION AND RIGHT-OF-WAY IMPROVEMENTS; PROVIDING FOR MINIMUM STANDARDS FOR CONSTRUCTION PLANS FOR REQUIRED IMPROVEMENTS, INCLUDING ENHANCED SEAWALL AND BRIDGE CONSTRUCTION STANDARDS; REQUIRING STREET LIGHTING IN CONNECTION WITH AND AS A REQUIRED IMPROVEMENT FOR PLATTING; CLARIFYING SURVEYOR REQUIREMENTS TO SUBMIT AND PROCESS PLATS; MODIFYING SECTION 55-10(C) OF THE CITY CODE RELATED TO A PLATTING EXCEPTION FOR SINGLE-FAMILY HOMES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Diaz de la Portilla, Carollo, Reyes ABSENT: Russell Note for the Record: For additional minutes referencing Item FR.3, please see "Order of the Day" and "Public Comments on All Item(s)." Chair Hardemon: FR.3. Please read it into the record. Victoria Méndez (City Attorney): FR.3. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Is there a motion? Commissioner Carollo: Motion. Commissioner Reyes: Second. Chair Hardemon: Properly moved and seconded. Any discussion? Commissioner Reyes: This is to clean up. Okay. Chair Hardemon: Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. City of Miami Page 131 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 FR.4 ORDINANCE First Reading 7634 AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A 4/5THS AFFIRMATIVE VOTE, AMENDING CHAPTER 2/ARTICLE Commissioners IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, and Mayor AS AMENDED ("CITY CODE"), TITLED TRATION/DEPARTMENTS/ RESILIENCE AND PUBLIC WORKS DEPARTMENT", CHAPTER 2/ARTICLE X/SECTION 2- 289 OF INITIATIVES/SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST GENERATION OF THE CITY CO CHAPTER 62/ARTICLE II/SECTION 62-12 OF THE CITY CODE, IDING FOR RESILIENCE AND PUBLIC WORKS DEPM FEES FOR INSPECTIONS AND EXAMINATIONS OF PLANS FOR COMPLIANCE WITH THE PROVISIONS OF ORDINANCE NO. 13114, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA; BY PROVIDING FOR BOTH NEW AND ADJUSTED DEPARTMENT FEES RELATED TO THE PROCESSING AND RECORDATION OF PLATS, STORMWATER POLLUTION PREVENTION PLANS, RIGHT-OF-WAY PERMITS, DEVELOPMENTAL REVIEWS, PROCESSING OF DEEDS OF DEDICATION AND QUITCLAIM DEEDS, AND FOR THE PROCESSING AND REVIEW OF OTHER DOCUMENTS CONDUCTED BY THE DEPARTMENT; PROVIDING FOR STANDARDS FOR INSURANCE COVERAGE AND INDEMNITY BY APPLICANTS IN CONNECTION WITH SUCH PERMITS; FURTHER PROVIDING FOR ENHANCED PENALTIES PURSUANT TO SECTION 162.09(2)(D), FLORIDA STATUTES, FOR CERTAIN CIVIL VIOLATIONS RELATED TO THE PUBLIC RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Diaz de la Portilla, Carollo, Reyes ABSENT: Russell Note for the Record: For additional minutes referencing Item FR.4, please see "Public Comments for All Item(s)." Chair Hardemon: FR.4. Please read it into the record. Victoria Méndez (City Attorney): For FR.4. The Ordinance was read by title into the public record by the City Attorney. Ms. Méndez: And I believe you received a substitution on this item, as well. Commissioner Reyes: That's right. City of Miami Page 132 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Chair Hardemon: Correct. Is there a motion in accordance with the substitution? Commissioner Díaz de la Portilla: Moved. Commissioner Reyes: Second. Chair Hardemon: Properly moved and seconded. Any discussion? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. FR.5 ORDINANCE First Reading 7635 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Commissioners AS AMENDED ("CITY CODE")ND and Mayor SIDEWALKS", TO UPDATE REQUIREMENTS FOR IMPROVEMENTS AND FACILITIES IN THE PUBLIC RIGHT-OF- WAY AND PERMITTING AND REGISTRATION REQUIREMENTS; REQUIRING SEAWALLS AND BULKHEADS AS PART OF THE LIST OF REQUIRED STREET IMPROVEMENTS IN CONNECTION WITH OBTAINING BUILDING PERMITS OVER A CERTAIN VALUE OR SQUARE FOOTAGE; UPDATING REGISTRATION REQUIREMENTS FOR TELECOMMUNICATIONS PROVIDERS WORKING IN THE CITY'S RIGHTS-OF-WAY TO BE CONSISTENT WITH STATE LAW; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: FR.5. Victoria Méndez (City Attorney): FR.5. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: Move it. Commissioner Carollo: Second. Chair Hardemon: It's been properly moved and seconded. Any discussion? Commissioner Díaz de la Portilla: Give me one second, Mr. Chair, to read along. Is this the item that -- is this the one that deals with seawalls, that it raises the -- that it tries to incorporate some language that we had previously debated and we have deferred a number of times that's still being worked out? Is this the item that does that; that raises the standard for seawalls to a higher level, to more feet? City of Miami Page 133 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Ms. Méndez: This one -- the one that you're talking about, I believe, is SR.1, but this one does address seawalls in connection to building permits. Dr. Ihekwaba, if you want to be more specific. Nzeribe Ihekwaba (Assistant City Manager): The item is SR.1, and that has been deferred indefinitely, I believe. Commissioner Díaz de la Portilla: Yes. I know, but I want to make sure this one doesn't incorporate it because, again, Tallahassee flashback. When it doesn't pass on one vehicle, they put it in a different vehicle, and then they put it in a different vehicle until it passes. So those are called riders -- right? -- they ride along with the rest of the stuff. So I want to make sure that there's no change here. And as the day gets later and later, you'll find more of these riders on these trains, right? They become trains and they jump -- they call them riders. So I want to make sure that doesn't pass. Chair Hardemon: I like how you explained that. (UNINTELLIGIBLE) Sunshine Law. There's no sunshine in Tallahassee. Commissioner Reyes: No, there is not. Commissioner Díaz de la Portilla: Those were the good old days for me, you know. Commissioner Reyes: Flashbacks, flashbacks. Commissioner Díaz de la Portilla: Exactly. Commissioner Reyes: No, I had the same question. I had the same -- Commissioner Díaz de la Portilla: Yes, yeah, so it doesn't include any of this language that alters the standards and all that, right? Commissioner Reyes: No. Commissioner Díaz de la Portilla: Okay. Okay, I'm good to go. I can vote. Chair Hardemon: Okay. Seeing no further unreadiness, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. END OF FIRST READING ORDINANCES City of Miami Page 134 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 AC - ATTORNEY-CLIENT SESSION AC.1 ATTORNEY-CLIENT SESSION 7657 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA ORDERS 20-69 Office of the City AND 20-150, A VIRTUAL PRIVATE ATTORNEY-CLIENT SESSION Attorney WILL BE CONDUCTED AT THE JULY 23, 2020 MIAMI VIRTUAL CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF A VIRTUAL ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTER OF 3384 DAY AVENUE INVESTMENTS, INC. VS CITY OF MIAMI, CASE NO. 2019-23993-CA-11, PENDING IN THE CIRCUIT COURT FOR THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS ALEX DIAZ DE LA PORTILLA, JOE CAROLLO, AND MANOLO REYES; CITY MANAGER ART NORIEGA, V; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; SENIOR ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY AND RACHEL S. GLORIOSO DOOLEY; AND ASSISTANT CITY ATTORNEY DANIEL S. GOLDBERG. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. RESULT: DISCUSSED Todd B. Hannon (City Clerk): Chair? Chair Hardemon: Yes. Mr. Hannon: I believe the City Attorney needs to read a brief statement before we recess for the attorney-client session. Chair Hardemon: We had to, because I saw the way Barnaby just jumped up. waiting now for you. Go ahead, Barnaby. City of Miami Page 135 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 ng - - -- you know -- just put your name. Close -- and then mute everything in Zoom, and then w Chair Hardemon: All right. Ms. Méndez: All right. On July 9, 2020, under the provisions of Section 286.011(8) -69 and 20-150, I requested the City Commission meet in private to discuss pending litigation in the matter of 3384 Day Avenue Investments versus the City of Miami, Case Number 2019-23993-CA 11, pending in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami-Dade County, to which the City is presently a party. The subject of this meeting will be confined to settlement negotiations and strategy sessions related to litigation expenditures. The City Commission approved my request, and now, at approximately 8:04 p.m., will commence a virtual private attorney-client session under the parameters of Section 286.0 Executive Orders 20-69 and 20-150. The virtual private meeting or session will conclude approximately one hour later. The session will be attended by members of the City Commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell and Commissioner Alex Díaz de la Portilla, Joe Carollo, and Manolo Reyes; City Manager Art Noriega; City Attorney Victoria Méndez; Deputy City Attorneys John Greco and Barnaby Min; Senior Assistant City Attorneys Kerri McNulty and Rachel Dooley, and Assistant City Attorney Daniel Goldberg. A certified court reporter will be present to ensure that the session is fully transcribed and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the virtual client-attorney session, the virtual regular Commission meeting will be reopened, and the person chairing the meeting will announce the termination of the attorney-client session. Thank you. Chair Hardemon: Okay. Everyone, please, make sure you mute it and you take your image off. \[Later\] Ms. Méndez: Chairman? Chair Hardemon: Yes? come back from the shade meeting. So we ended our shade meeting, and we started Chair Hardemon: And you want to say it now? Ms. Méndez: I just did. Chair Hardemon: You just did? Okay. Ms. Méndez: Thank you. Chair Hardemon: I think I said it on the record, too, so. Ms. Méndez: Oh, perfect. Thank you so much. END OF ATTORNEY-CLIENT SESSION City of Miami Page 136 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 BU - BUDGET BU.1 DISCUSSION ITEM 6744 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: BU.1. Christopher Rose (Director, Office of Management and Budget): Good afternoon, cal year, and each of your offices net end-of- deficit of approximately 30.2 million, and gentlemen, mitigated a bit by a surplus of 6.8 million in the internal service fund. And when it all comes down, the restricted f the projection holds true. That is going to be significantly below the 73.9 million amount that we are estimating for a 10 percent threshold of unrestricted funds in the Financial Integrity Principles that the City has set for itself. So that will trigger a plan to re-achieve the threshold within two fiscal years, and you can see all of the be happy to take any questions you might have at this time. Chair Hardemon: All right. Are there any questions at this time? END OF BUDGET City of Miami Page 137 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 DI - DISCUSSION ITEM DI.1 DISCUSSION ITEM 7659 A DISCUSSION ITEM REGARDING MIAMI FOREVER BOND TRANCHE 1 STATUS UPDATE AND TIMELINE. Office of Capital Improvements RESULT: DISCUSSED -- DI.1. Is there --? DI.1. I guess we can address that one now. Hector Badia Moro: Mr. Chair, Hector Badia with the Office of Capital Improvements. recognized, sir. Mr. Moro: Thank you. The Miami Forever Bond was approved for $400 million to address the most vulnerable challenges that the City faces in the areas of sea level rise, flood prevention, affordable housing, arts and cultural facilities, roadways, and public safety. The Commission also approved the first 33 projects totaling 58 million under Tranche 1. We are presenting to you today a brief update on current spend down. We are also presenting the process and timeline for the project identification for the remaining $342 million of the Miami Forever Bond with the objective to provide and evaluate, and prioritize project list for consideration in front of this Commission. Mr. Chairman, with your acknowledgement, Mr. Sylejman Ujkani, our Bond Manager will be giving the presentation. Sylejman Ujkani: Can you guys see? Chair Hardemon: Not yet. Mr. Ujkani: Is it up now? Commissioner Reyes: No. Chair Hardemon: No. Are you trying to share your screen? Mr. Ujkani: Yes. Chair Hardemon: No. Mr. Ujkani: Trying one more time. How about now? Chair Hardemon: Yes. Mr. Ujkani: Good evening, honorable Commissioners. My name is Sylejman Ujkani. I am the Bond Manager with the Office of Capital Improvements. And today put in place, and the timeline for selection and approval of the next Miami Forever Bond projects. Since the approval of the Miami Forever Bond Tranche 1 project on December 13, 2018, we have made significant progress on the 33 projects that they allocated funds of $58.6 million. Of that $58.6 million, 43.6 was towards infrastructure, and 15 million was towards the affordable housing. Currently, the City of Miami Page 138 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 status is that we have four projects in planning. We have seven projects in bidding; 13 in design, and 70 in construction, and we have completed two. We have completed the committed 50 back flow valves installation, which, in fact, we have completed 66 Miami Forever Bond funds. We have also been awarded $1.5 million by the Florida FDEP (Florida Department of Environmental Protection) to install additional 35, and we have completed to date (UNINTELLIGIBLE). And as you can see here, we have 20 -- of the 33 projects, we have 29 projects that are infrastructure projects. And of those projects, as you can see, there are six that are citywide projects. In fact, we have actually complete thus far about 141 projects. I can show you the breakdown. 66 of that were back flow valves; an additional 21 for FDEP. We have completed the 20 -- 12 spot drainages throughout the City. We have completed three park groups, and we have installed four playgrounds. We have also improved the access and mobility into 24 projects -- 24 parks. We have also passed and moved projects from design phase of 11 projects. Unidentified Speaker: (UNINTELLIGIBLE). Mr. Ujkani: Pardon? Unidentified Speaker: (UNINTELLIGIBLE) pocket items. (UNINTELLIGIBLE COMMENTS MADE BY MULTIPLE PARTIES) Mr. Ujkani: On the next three months, we have six projects that are going to be -- Unidentified Speaker: (UNINTELLIGIBLE.) Chair Hardemon: Can everyone please -- (INAUDIBLE) mute the speaker. Chair Hardemon: No, no, I understand, but the host can mute everyone. Ms. Méndez: Oh. Chair Hardemon: And let the speaker unmute himself. Mr. Noriega: We took care of it. Mr. Ujkani: So the -- as you know, the Miami Forever Bond Tranche 1 funding was split in two, infrastructure and affordable housing, and here is a snapshot of what we have spent to date. Of that infrastructure funding, there was $43.6 million and we have spent -- actual spent is 6.3, and we have committed 6.5. Of that percentagewise, 15 percent -- we have 14 percent spent on the spending actuals, but if you factor, thre up there around 30 percent. On the affordable housing, we are still going through the legal and also negotiating yet. If you factor -- on Number 3 over here, if you factor the affordable housing, $15 million to the Tranche 1, we actually -- percentwise, we only spent 11 percent. And if you factor the committed ones, we are at 20 percent. Of the overall Miami Forever Bond, the $400 million, as you can see, we are 1.5 million spent only and if you factor the committed, we are at 3.2 percent. So the project selection process. So the Miami Forever Bond is -- the task force that was established for the Miami Forever Bond was at -- has committed these guiding themes that are there to create a stronger and more resilient, and innovative future for Miami. And all the projects that come through, they have to go be vetted and put through the guiding themes. And as you can see here, you have the funding categories, sea level rise, flood prevention, parks and cultural facilities, public safety, roadways, and affordable City of Miami Page 139 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 housing. And you can see the funding that was allocated to each one of those overall. And currently, we are at the remaining -- after we allocated the $58.6 million in Tranche 1, this is what remains for each of the respective categories. Project sources of -- for the Miami Forever Bond for each of the respective categories or master plans identified to select projects for each bond category. Master plans provide a vision for capital projects investments and are used as -term solutions and long-term strategy. And as you can see, throughout all the -- improvements plan would be the major source of the projects. On the sea level rise and flood prevention, we are currently updating the stormwater master plan which is going to recommend improvements to the challenges that we face when it comes down to flooding. Parks and cultural facilities. As you know, Parks has done a also on a public safety portion of the bond, we have -- the funding was dedicated only to build Fire Station 10, and that -- we have done a programming for it, and right now in the cone of silence, because we are in the process of selecting a design criteria professional. On the roadways portion of it, the Public Works have just updated and completed their payment index assessment that is going to provide us projects for very poor roads and how we address roads throughout the City and improve them throughout the City. As far as the affordable housing goes, most of the projects come from the affordable housing pipeline applications that the department has in place. And here is the project selections. As you can see here to the right, you have the project sources that come in, that they go and align through the guiding themes of the bond, which have those objectives and criteria that is set for that. And once they meet the guiding themes, then they go through the categories. In this case, I got an -- I took an example of the roadways. They go and meet -- that project needs to meet the goals and the criteria that were set for improving our roads -- they are prioritized and allocated process, we do have a plan to do engagement -- stakeholders participation and engagement, and that is the citizens of Miami through the Commission and the office of Commissioners so that we can align and understand like when we select projects, and which projects are being selected for the bond. And here is the -- slide, but this is to summarize what are set in terms of project selection now. And I would like you to pay attention to the Number 1 here that comes for the sources, which they go up through the input, on to the implementation phase. through that process that I just explained in the selection process, guiding themes, categories, and prioritize, and then they go through the implementation portion of it, which is design -- planning, design, building, construction, and complete. And then output is very important, because, you know, whatever -- we do set conditions so that we can learn -- lessons to learn. We can improve infrastructure and we can create benefits for the City of Miami and for all the residents. And here is the timeline for the next projects that we have put in place. We started sometime in December of 2019 to January of this year. We have completed the selection model, defined the guiding themes, identified criteria, defined category goals and objectives, and we have developed a quantitative selection model. From -- at the same time, we have also initiated and started to identify project sources that I explained to you earlier. Now we need -- we are in the process of trying to screen and evaluate these projects that are suggested from the master plans. We are also aligning those projects to see how we can match those, and align them so that we can capture matching funding that is available through the Federal Government, through the State of Florida, through the County, so we have leveraging funding to do the projects. We also at the same time, we are addressing the -- we are assessing the enterprise, which means City of Miami and also the OCI (Oracle Cloud Infrastructure) capacity that we have the resources to carry these projects forward. Excuse me. And as you can see here on the bottom, this is the procurement capacity that we are aligning to all of this timeline. We just completed (UNINTELLIGIBLE) April of this year. We are City of Miami Page 140 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 evaluating the pools -- excuse me -- we are also like working on the -- Procurement place by end of this year, and then currently, we are in the cone of silence for the contract mechanism we're putting in place, which is a citywide program management support services contract. All of this is going to help us, whatever the projects we select for future in that Miami Forever Bond. We are aiming to have a recommended list to -- in front of this body sometime from October to December. -- a submitted list to Agenda for your consideration and approval. If there is any notification needed, then we will address that in December or in January agenda, and then after it is finally approved move that into the execution sometime in February or March of next year. And that concludes my presentation. Chair Hardemon: Okay. Is there any other -- is there any questions from any other Commissioners? I see Chris Rose is here. Christopher Rose (Director, Office of Management and Budget): Good afternoon, Commissioners. Thank you, Mr. Chair. A couple of other thoughts. I know Hector and his team have breathed new life into getting the projects done. In the proposed budget, you will see that Sylejman and some other folks are going to come over to offices based on the scoring that comes out of the process that Sylejman just relayed to you. Ak with you on not just Tranche 2, but the rest of the said that we had not spent anything on the affordable housing, but I want to make majority of it has been allocated. 8 million of it went through the RFP (Request for Proposals) process that Mr. Mensah and his team put out there. 2 million of it was in for MLK (Martin Luther King) residents; a million for Liberty Renaissance; and preservation and single-family home rehab. So that 4 million is the piece that as yet has not been allocated in any way, except for generally the single-family homes. So I with you over the fall. Chair Hardemon: Right. And listen, when it comes to the single-family home rehabilitation things, I know we all in our districts have the ability to do that, but this bond e still talking about this issue today. Time is of the essence. And I ally spent. And so, if we have to go through George Mensah -- I mean, we talked about this before -- mirroring the programs that we already have, but creating a fund that n, we shouldn't be -- we should not come back in September not having a plan already in the works to start spending this money when it comes to the single-family home rehabilitation box. And Madam City Attorney, you know, we know this is part of the whole - ready things that are ready to go. We need to -- government needs to move out of the way and help these private entities produce products that we need in our neighborhoods. Ms. Méndez: Understood. END OF DISCUSSION ITEM City of Miami Page 141 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 RESOLUTION 6981 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY THE CONVENT OF Department of THE SACRED HEART OF MIAMI, INC. AND Planning REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI DENIAL PURSUANT TO CHAPTER 17, ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF APPROVAL FOR DEVELOPMENTAL IMPACT TO SIGNIFICANT ENVIRONMENTAL FEATURES ON A PROPERTY LOCATED AT APPROXIMATELY 2167 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, WITHIN THE ENVIRONMENTAL PRESERVATION DISTRICT 60 AND THE SOUTH BAYSHORE DRIVE SCENIC TRANSPORTATION CORRIDOR. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSTAIN: Carollo Note for the Record: A motion was made by Vice Chair Russell to deny the appeal, however, motion died for a lack of second. Note for the Record: A motion was made by Commissioner Diaz de la Portilla to grant the appeal, however, motion died for a lack of second. Note for the Record: A motion was made by Commissioner Diaz de la Portilla, seconded by Commissioner Reyes, to deny individuals represented by Lowell Kuvin intervenor status, for Item PZ.1, which PASSED by the following vote: AYES: Commissioner Diaz de la Portilla, Commissioner Reyes and Chair Hardemon; NOES: Vice Chair Russell. Note for the Record: Commissioner Carollo abstained from voting on item PZ.1 and submitted a FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS with the Office of the City Clerk on July 24, 2020, in accordance with Section 112.3143, Florida Statutes. Note for the Record: Item PZ.1 was deferred to the September 10, 2020, City Commission Meeting. For additional minutes referencing Item PZ.1, please see "Public Comments for All Item(s)." items, except for PZ.1 and 2. So I know that -- Victoria Méndez (City Attorney): For PZ.1 and 2, Commissioner Carollo? City of Miami Page 142 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 -- Commissioner Carollo: We have anything left in the meeting? Chair Hardemon: Yeah. We have the settlement for the 3384 Day Avenue Investments. The only thing -- Ms. Méndez: The shade meeting. Chair Hardemon: Yeah, the shading meeting. The only thing we can do is if we break now, we can handle that. And that way, if we do that, we would have used all of your services, and then the rest of us can finish on with the rest of the meeting. Commissioner Díaz de la Portilla: That works. Commissioner Carollo: That's very nice of you. he best thing for us to do. request or there are two requests? I know that I saw two people, but -- oh, is it one lawyer and two individuals? Ms. Mén-- like, are have Commissioner Ca item. -- going to have -- argument being made for the intervenor status. We will decide upon the intervenor public comment as to all comments regarding PZ.1 and PZ.2. We received significant so, if we do this hearing, it may not all finish today; meaning that, you know, we -- all the Court takes a break, right? And you come back the next day and -- or the next time, and you complete your hearing. So I want to also introduce that in this setting statements, and then they could prepare for their case in chief. Understood? So now, \[Later\] Chair Hardemon: All right. Now let's move on to PZ.1 and PZ.2. Commissioner Reyes: Oh, here we go. Here we go. Chair Hardemon: So we have to -- those who are seeking intervenor status. City of Miami Page 143 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Manuel Otero (Web Administrator, Innovation and Technology their names, or they need to raise their hands so panelists. Chair Hardemon: Okay. So the first thing I want to do is tackle this intervenor status oing to be requesting intervenor status? Ms. Méndezling that is Mr. Kuvin. I could have sworn I saw him a second ago. Did he fall off? Ms. Méndez: Oh. There is Mr. Kuvin. Chair Hardemon: And do we have the applicant here? Ms. Méndez: I believe the applicant is being represented by Ethan Wasserman. Ethan Wasserman: Yes. Ethan and Ryan Bailine are on. -- Mr. Wasserman: Can you hear me? Chair Hardemon: -- the telephone. Ryan Bailine: I'm here as well. This is Ryan. Mr. Wasserman: Yes. I have both Zoom and audio. The reception is better through my phone. Chair Hardemon: Okay, understood. Is there -- does he have an image, or is it just what we can see is the --? Mr. Wasserman: Sorry about that. There we go. Sorry. -- Mr. Bailine: I'm going to show video as well. Chair Hardemon: Okay. Mr. Bailine: Hi, everybody; good to see you. Chair Hardemon: You may want to. All right. So here we are. So this is what to have the requester, Mr. Kuvin, to m the applicant to make an argument of why they believe that they, you know, shouldn't. decision from there, with some deliberation from the Commissioners. Ms. Méndez: Chairman, if I may? Chair Hardemon: Go ahead, yes. City of Miami Page 144 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Ms. Méndez: I just -- out intervenor status hearing, I wanted to find out if by any chance from Mr. Bailine and Mr. Wasserman, if by any chance there is no objection to the intervenor status, and we can move forward to the hearing, if by any chance there is an option. Mr. Kuvin: We do object. I appreciate the question, but we do object to intervenor status. Ms. Méndez: Okay. All right. Mr. Bailine: I echo what Ethan said, and Ethan and I have said this and will -- r him. Mr. Bailine: -- be explaining our reasons why. Ms. Méndez: All right. Thank you. Thank you, Chairman. I tried. Chair Hardemon: Okay. Mr. Kuvin, how much time do you need to make your request for yo-- you, sir. Ms. Méndez: Mr. Wasserman -- Mr. Wasserman: Yes. Ms. Méndez: --I think you -- like muted. Are you the 786-512 number? Chair Hardemon: I still Ms. Méndez: Mr. Kuvin, you may want to do the same thing that Mr. Wasserman is doing and call in on your cell phone, and we get to see you, but hear you through your cell phone. Mr. Bailine: Vicky, this is Ryan. Can you hear me? I just want to make sure I'm available to be heard. -spoken today, so try and speak louder. Okay? that. Ms. Méndez: I know. Mr. Otero: Mr. Kuvin, could you disconnect and reconnect again to Zoom? It might fix your audio issue. 1-301-715-8592. 1-301-715-8592. Mr. Bailine: Vicky, can you hear me now, or is it still soft-spoken? Ms. Méndez: It City of Miami Page 145 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Mr. Bailine: Thank you. Ms. Méndez: I think Mr. Kuvin is in a bunker. Commissioner Reyes: You feel better, Vicky? before. Commissioner Reyes: d. Commissioner Díaz de la Portilla: Hold on a second, hold on a second. A little? Really? Ms. Méndez: No, but now -- Commissioner Reyes: Look at her. Mr. Kuvin: Can you hear me now? Ms. Méndez: Yes, we could hear you now. Mr. Kuvin: Okay, thank you. Yes, there was a problem with the -- with something uick. And I guess -- Madam Attorney, I guess the first question that I have is, is this for PZ.1 and for PZ.2, or are we doing these separately? -- to -- your argument -- Mr. Kuvin: Because we did ask you -- because we asked to intervene on both. Ms. Méndez: Yes. Mr. Kuvin: So I represent Alex Moskcovitz, Rachel Cardello, Isaac Kotsi, as well as Bayshore in the Grove. Bayshore in the Grove has 24 members that have owned real property within 500 feet of the Villa Woodbine project. And so, basically, there are the close proximity. Mr. Moskcovitz lives -- or owns property adjacent to the Villa Woodbine project. Rachel Cardello lives across the street on the Tigertail side, and Isaac Kotsi lives adjacent to the property, as well. And as I stated before, Bayshore in the Grove has 24 members that live within 500 feet, or own real property within 500 feet of the project. That would give us intervenor status. If we would not get intervenor status, other than -- and in your -- they live within 500 feet, and they live adjacent to the property. So that right there, I believe, would grant them. The second reason would be is that Mr. Carollo -- Commissioner Carollo has recused himself from this particular consideration of these two items, and the reason he did so was t he owns property within 500 feet. If he feels that it would be an ethical problem for him to participate in this, then I think that the same argument basically goes that the people who live within 500 feet or adjacent to the property would have intervenor status. Obviously, they are going to suffer ills that are far different than what someone else would suffer. So if we look at the latest decision from the Circuit -- Appellate Court, they found that two of my clients who lived a mile away from the particular playhouse project did not City of Miami Page 146 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 basically live within 500 feet of the project. So there is no case directly on point for the City of Miami that talks about that you would not get intervenor status if you live was within 500 feet and then houses that were without -- outside of the 500-foot radius. So in this particular case, as I said before, all of my clients live either adjacent to or within 500 feet, and therefore, this Commission should grant intervenor status, because they will be affected differently than people that live outside of the 500 feet or into the mile area. Thank you. Chair Hardemon: Mr. Kuvin, a conflict of interest between Commissioner Carollo and the status as an intervenor, I mean, those two are very different issues. I mean, those -- the standar So can you tell me -- I want you to describe that argument better for me so I can have an understanding of why you believe tha treat them differently. And then, also, the request that you made for intervenor status, speaks to just simply proximity. There has to be more than that. So can you kind of describe that for me, as well? Mr. Kuvin: So this is a picture of the project and the location of the people who live either adjacent, and these are the intervenors. And so, we have the 500-foot radius. We have Mr. Kotsi that lives right here, adjacent to it; Ms. Cardello that lives catty- corner to it. And then we have Mr. Moskcovitz that lives also adjacent to it here. Bayshore in the Grove -- persons that own properties that are members of Bayshore in the Grove, we have Mr. Ferano; we have Mr. Mailer, the Knowles, Ewings, Lazarus Garcia-Diaz, Ms. Chung and (UNINTELLIGIBLE) that live all within -- and these are members -- these persons are all members of Bayshore in the Grove and live within the 500-mile -- -- the 500-foot circumference surrounding the project. feet. The exit for the school is directly next to his front entry, so it impacts -- it actually enters -- if you take -- -- solely a right turn onto Bayshore Drive, and that would directly cross his driveway. The massing of the auditorium and pool structures are immediately adjacent to his property, and because they cover most of the property, could create a not only erosion, but also runoff and water intrusion into his property. The main building has 30,000 square feet, which also, because itction of the water there. So as opposed to the impact to the general public, this one particular party, Mr. Moskcovitz and his ownership would suffer a special impact and special damage as a result of it. Additionally, Mr. Kotsi on the north side has hundreds of -- from his property. The view plane is being directly impacted. If you go from the back of his property looking forward, it would actually block views along that side, along his south side of his property out towards Bayshore Drive. So those two parties who -- on either side -- Moskcovitz and Kotsi have direct impacts that are different from those of the general public to suffer, and I think that should be the standard that would be applied for intervenor status. They are not just the general public. They have specific identifiable items that would be different than what would be different than what the general public would suffer. Rachel Cardello: Good evening, Commissioners. My name is Rachel Cardello. I live at 2175 Tigertail. So I just want to quickly touch base on a few bullet points to help sort of reiterate why we think the intervenor status is applicable to us. The first one is being a resident on Tigertail Avenue and having recently done a renovation to my City of Miami Page 147 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 own house, I was required to have a setback on Tigertail at 30 feet, which is standard for that street. And you can see from the property and project being propos about under 20 feet on Tigertail. So my limitations of the property rights of what I s potentially happening due to the lack of open space and green space, the canopy change will greatly deter from the amount of protection I get from the bay winds onto my house. And then further problems is the utility cost of lack of shading, the increaser property damage to my home as a result of both the drainage issues and the loss of canopy. property, and we have -- o an adjacent neighbor, 475 feet here from an environmental standpoint, tree mitigation, construction, and the impact of the school. So I will be completely different than most people, all citizens of Miami. Rose Pujol: Good evening. My name is Rose Pujol. I live at 2455 South Bayshore Drive. I have -- I am the co-ke the title of President, but I can tell you that I have definitely helped put this group together. And one of the things that we originally did is, we realized that the school, that first six months, through -- Tucker Gibbs is their community activist -- had been reaching out to some neighbors. So when we said from the very beginning that this was a stealth operation since it had gone through the HEP (Historic and Environmental Preservation) Board and did not require the notice procedures that -- having gone through PZAB (Planning, Zoning ocked on, we have 24 that are on the list that Greenberg Traurig used. We used the same company for the notices that Greenberg Traurig was using, and 24 of those owners filed. We helped them file for intervenor status, so they are members of our group. Now, when you ask us -- maybe the people are not here tonight -- we filed on behalf of the three -- Chair Hardemo Ms. Pujol: -- who were the most affected by this situation. Chair Hardemon: Okay. Mr. Kuvin: There you see that the -- property owners -- well, two of the property owners -- and Mr. Silver, who has spoken spoken to the director of Bayshore in the Grove. And so, she has also elaborated the distance that they live from the project, and that they should be granted intervenor status. Chair Hardemon: Okay. Now I want you to be very specific with me, because you I wa t asking for anyone else to speak. I want the attorney to tell me. City of Miami Page 148 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 -- so we have Rachel Cordello. Chair Hardemon: Okay. Mr. Kuvin: We have Isaac Kotsi, and then we have Scott Silver, who is an attorney, represents Mr. Moskcovitz, as well as myself, who has spoken. And -- Unidentified Speaker: We have Alex Moskcovitz. Mr. Kuvin: -- Mr. Moskcovitz is on the phone. Chair Hardemon: Right. -- Chair Hardemon: You don't -- because he couldn't be sworn in, so. Mr. Kuvin: Okay. You want me to swear them in? e to swear them in. Mr. Kuvin: Mr. Moskcovitz is -- Mr. Moskcovitz -- I have forwarded Mr. -- his two affidavits. I am a notary public, and I can swear these m re- like. Chair Hardemon: No. We -- I think we took the testi -- we took a sworn -- we swore -- whoever was on the phone with -- -- nonetheless, are you finished with your presentation? Mr. Kuv-- -- -- provided with a link. I believe Mr. Moskcovitz has -- actually has a copy of my link that -- and he may have -- captured on the record. Mr. Kuvin: If someone would activate his link and bring him into the meeting -- already been sworn. H I just think that nobody has let him into the meeting. Unidentified Speaker: He filed an affidavit. Mr. Kuvin: Yes. He filed both -- two affidavits. I sent both affidavits to the City Attorney -- to Ms. Ketterer, I believe it was, as well as -- Chair Hardemon: Are you speaking of -- on his behalf? Are you representing him? Unidentified Speaker: Yes. Mr. Kuvin: Yes. City of Miami Page 149 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Chair Mr. Wasserman: (INAUDIBLE). Thank you. May I proceed? Can you hear me? Chair Hardemon: Yes. Mr. Kuvin: Yes, we can hear you, Alex. Mr. Wasserman: Okay. Thank you. For the record, Ethan Wasserman, with Greenberg Traurig; 333 Southeast 2nd Avenue; here on behalf of the applicant and the appellant in this case. We object to the request for intervenor status in this matte or Chapter 17. The City Attorney has stated this in prior hearings. I believe she wrote -- she mentioned it again this evening. This is not a new issue. The intervenor status requested in writing by the opposition references Miami 21 Code provisions, which, again, is not the correct citations as they do not cover HEP applications. Miami 21 is very explicit as to what hearings authorize intervenor status, including exceptions, variances, special area plans, or rezonings. Even though intervenor status is clearly not appropriate for this application, I do want to at least mention that i 21 as a person whose interests are adversely affected in a matter greater than the general public. As a HEP application without any variances or other relief from the Code. We are proceeding with what would otherwise be considered an as-of-right development, and actuality, we are not maxing out our development potential. Therefore, there is no harm to anyone from this preservation application. We are preserving the historic ng with a design that is com the property today. There is no harm suffered by an individual neighbor, and certainly no harm different from the general public. Neighbors, by virtue of proximity alone does not grant party status. The neighbors have an opportunity to be heard in public comments, and that is what Florida law allows. To the extent this Commission wants to grant opposing counsel a few extra minutes for a presentation, I would not object to that. But full case that I think is very helpful to help guide this discussion. Carillon Community Residential versus Seminole County is a great case decided that explains the distinction between a party and a participant. A party is granted full rights to present, cross-examine, et cetera, et cetera. A participant has rights to a lesser degree, including presenting before the board, providing their testimony, and lodging their position. Florida law has no requirement to allow cross-examination, for example, to every participant in a hearing. On policy reasons alone, we can understand that. It would lead to an impractical procedure allowing every participant the right to cross-examine, or to make significant or lengthy presentations. -judicial hearings are attended by more than just the parties. They are open to the public. In the case of rezoning hearings, neighboring landowners may attend and want to be heard on a proposed zoning change to a nearby property. Our Court has previously stated that a participant in a quasi- judicial proceeding is clearly entitled to some measure of due process. The issue of what process is due depends on the function of the proceeding as well as the nature of rrectly assert that Florida law requires that all participants in quasi-judicial proceedings be allowed to cross- quote. So, for the record, we must lodge our objection as we do not believe there is any basis to grant these individuals party status. My client is the appellant in this City of Miami Page 150 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 counsel had filed an appeal based on not being granted intervenor status at the HEP hearing. That appeal was rejected by the City Attorney's Office. In the rejection, the City stated on January 10, 2020 in a letter that Chapter 17 does not contain intervenor status and that intervenor status is not an appealable decision to the City parties, and we will submit that letter into the record. We are asking you to stick to your Code. There is no intervenor option in Chapter 23 or a Chapter 17 hearing. Turning to the specifics that were just raised before me, the opponents have raised the right to a view corridor. A view corridor is not protected by Florida law. Drainage onto a neighboring property owner -- in our plans or the application gives rise to that effect. The scope of our application is important here to understand the nature of the potential impacts to neighbors. This is not a variance. This is not a special area plan. This is not a rezoning. This is not a waiver; no special exceptions or any other granting of relief from the Code requirements. To the contrary, this is essentially an as-of-right site plan approval meeting all Code requirements. But we go before -- we are subject to Chapter 17 and subject to Chapter 23. No individual neighbor is affected, as in the case where there is a request for setback relief or a change of use. We fully concede that there is a companion exception application for school use, and that will certainly cover activities on-site, including traffic, but that is not before you today, notwithstanding the many, many comments in the record this morning. We are seeking an as-of-right design, with no impact on these specific neighbors, and certainly no impact different than the general public. Any other conclusion would grant every neighbor in the City party status to every development application, building permit, or home renovation in the City. That concludes my presentation. Mr. Bailine: Picking up on what Ethan said -- and I know that my audio is not the best this evening, which is rare for me, but we would ask that the City follow their own law, and not grant intervenor st exist. Thank you very much. -- position that the City Administration has, or are you not involved in this debate? Francisco Garcia (Director, Planning): No, sir. Thank you. Glad to defer to the City Attorney's Office. Chair Hardemon: Okay. Well, before we go to the City Attorney's Office, I want to hear -- allow Mr. Kuvin to deal with the comment on what you reply, as well. Ms. Méndez: Chairman, basically, I think that a court of law would potentially have wever, the arguments that Mr. Bailine and Mr. Wasserman state are correct. HEP -- our HEP rules does not have intervenor status per Code. This could be something that is looked via case law and not for Code. In the Zoning exception -- because we do have cases -- the cases that we have had intervenor status in the past have been zoning matters, and through the exception process or what have you, and the cases that of Broward, it talked about an individual having standing to challenge zoning actions when they have an interest exceeding the general interest of the community. So, obviously, in a zoning context, that is the case law. However -- the applicants about their willingness something that a court may -- when they are the next-door neighbors, they abut all sides of the property, and it is something -- based on the -- ut the Code itself, the HEP portion of our Code, City of Miami Page 151 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Chapters 17 and 23, they do not provide automatic intervenor status. They would have to show a special injury. They did state some of the things that they felt it would be, cause an injury. But again, this is something that you can determine. If this were a zoning matter, it would be very clear cut. However, I do think that a court may look at it, just based on their proximity. Mr. Kuvin, did they all receive notice, all the people that are with you today? Mr. Bailine: But can I just pick up on something that the City Attorney said because I agree with her. And that is, you know, suggesting -- Mr. Bailine: -- an intervenor or suggesting some special -- -- Chair Hardemon: Lean forward. Mr. Bailine: -- suggesting an industry -- or an injury, or suggesting -- Commissioner Díaz de la Portilla: Mr. Bailine: Okay. Give me one moment; no problem. Is that better? Just -- I agree with something Ms. Méndez just said, and that is under the Code, suggesting an industry -- an injury -- Miami is objecting -- Mr. Bailine: -- to their intervenor status. Chair Hardemon: What he said on the record was, suggesting an injury is still not having one. Is that what you said? Mr. Ba Chair Hardemon: Okay. Chair Hardemon: No, I understand. He said just suggesting an injury is still not having one, because, remember, there was supposed to be a special injury in the -- how you decipher. Commissioner Díaz de la Portilla: Got it. Mr. Bailine: May I speak? Chair Hardemon: Not at the moment, sir. Mr. Bailine: Okay. Chair Hardemon: Madam City Attorney? City of Miami Page 152 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Ms. Méndez: Yes, Chairman. Chair Hardemon: Are you finished? Ms. Méndez: Yes. Chair Hardemon: Okay. it, if all of his clients and that of his co-counsel, if they all received notice within 500 feet. Chair Hardemon: Okay. Mr. Kuvin, this is your opportunity for a brief rebuttal. If you have any information that you want to pull from Mr. Moskcovitz, you can -- you know -- Mr. Kuvin: I do. I just -- like to say to Mr. Wasserman is that his argument that we were not granted intervenor status in the HEP Board, and therefore, we should not be granted intervenor status now, really has his feeling or his thought. If you look at the Code specifically, it says that -- are adversely affected in a manner greater than the gener plicant, the City staff, or any person recognized by the decision- that decision relies upon you, the Commissioners for the City o think of a circumstance where someone abutted the property and that they have stated clearly that they will be affected differently. Of course, Mr. Wasserman started to re -- you know -- that the sky is falling. He said they will not be adverse -- you know -- adversely affected o intervene? This is live adjacent to the property. They live within the 500-foot boundary of the property. And to be honest with you, if this particular intervenor status is not granted, then this particular matter will go to the Circuit Court, and which I believe that the Circuit Court will grant them intervenor status, and then we can come and do this all over again. They are entitled to intervenor status. They are entitled to cross-examine witnesses. They are entitled to present evidence, as well as their own experts. word for it. Again, this is by the government and for the people. And so, the people that live adjacent to the property are the people who are being affected the most, and differently than the general public should be able to intervene. Mr. Silver would like to say something. Mr. Silver: And further, specifically, as to Mr. Moskcovitz, through the submission of evidence as to his special injury. The applicant has only presented t special damage, and they have done nothing to rebut it. So as a matter of law, I would say that we presented sufficient evidence for his intervenor status. Mr. Kuvin: And if I could just relinquish two minutes of my time to Mr. Moskcovitz, I Chair Hardemon: Mr. Clerk, has Mr. Moskcovitz been sworn in? Ms. Méndez: Remember, Chairman, that we did the special -- City of Miami Page 153 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Chair Hardemon: part of those. Ms. Méndez: Right. But we did the changes so that the intervenors or appellate counsel can swear in their own witnesses. Chair Hardemon: Okay. Ms. Méndez: And if Mr. Kuvin said that he had the affidavit from Mr. Moskcovitz and swore him in earlier -- Chair Hardemon: Okay. Ms. Méndez: -- Mr. Kuvin, can you confirm? Mr. Kuvin: I can confirm that I received two affidavits from Mr. Moskcovitz, and I have forwarded them to the City. Ms. Méndez: Thank you so much. Chair Hardemon: All right. You want to direct your ordinance? Alexander Moskcovitz: Mr. Chair, will I have an opportunity to respond? Is this rebuttal or new testimony being presented? Chair Hardemon: Well, this is -- Mr. Moskcovitz: Moskcovitz. He said it right. Sorry. My speaker cut out for a little bit, so I apologize. Mr. Moskcovitz: Thank you. I appreciate that, Mr. Chair, Commissioners. Mr. Kuvin, I think, summed up essentially my points. I did want to just make it clear that Commission to grant us intervenor status, as Section 7.1.4.3 (G) states that within Miami 21 that you guys are, in fact, the decision-making body authorized to grant me Adams, the Preservation Officer for the HEP Board, you know, more than half a year ago when I first requested intervenor status be granted, h to appeal it, the City Commission is, in fact, the right authority to grant intervenor ng to hear one government entity say it should be a different government entity, and then, you know, potentially face this who could be injured more than other parties. -- is, in fact, the property adjacent to the Villa Woodbine property that sits next to my ho-- -- I have 144 feet of adjacency with them. This is directly relevant to me more than just general people in the community. You look at their plans. Everything is relevant to me. You tal stuff, on the archeological ground digging Board. I have a different perspective and have people who will suggest otherwise. City of Miami Page 154 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Buuld like this board -- this Commission to give me the opportunity to be able to provide appropriate responses. Thank you. Chair Hardemon: You know, the -- Mr. Kuvin: May I quickly respond? going to allow you to respond. And Madam -- well -- Ms. Méndez: The sections of the Code -- Chair Hardemon: Go ahead. Ms. Méndez: -- and this is why I tried to -- and I apologize if I was not articulate. I tried to describe the HEP Code, pursuant to Chapter 23, and our Miami 21 Code, which has to do with zoning. The sections that they are describing have to do with the Miami 21 Code, and intervenor status with regard to the Miami 21 Code. So I just wanted to make sure that we were clear on that, that HEP does not provide -- the HEP portions of our Code do not provide any intervenor status. So you have to show injury, you know, according to our case law and what have you. The Zoning portion under Miami 21 does. However, as I said when we were talking about this, the Courts may still -- because these individuals are so close to the property and have alleged injury, Courts may have a different take on that. But still, the Commission is the one that makes that determination based on everything that they have heard thus far. Chair Hardemon: Mr. Bailine. Chair Hardemon: Yeah, you- Mr. Bailine: Is this audio better, everyone? I apologize. Chair Hardemon: Yes, yes. Mr. Bailine: I agree with this. Finally, I'm as loud as I usually am. So thank you, everyone. I agree with what the City Attorney and Ethan agrees with what the City Attorney is saying. The folks this evening are quoting from a Code that is not -- they are correctly citing to Miami 21, which is not applicable this evening. So we would respectfully ask that you would not grant them intervenor status and to the extent -- -- to the extent in the future a court of law was to say that or were to rule that they may, based on standing or based on some other s them -- and the Vice Chairman respect everything We'd like to give them a few extra minutes to make a presentation or to speak further, I have no problem with that, and, you know, all good. But from a legal perspective, we just want to make sure that if the issues before the board this evening, from a legal perspective or when they -- ot using Miami 21, which is not before the board -- the Commission this evening -- to grant folks rights that may or may not happen, respectfully. Chair Hardemon: Thank you, sir. City of Miami Page 155 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Mr. Kuvin: And if I just may point out one thing, please, just very quickly, is that if you look at the playhouse 1 case, the Circuit Court rejected intervenor status based on the distance that the intervenor lived from the property. They did not reject it based on what Mr. Wasserman are saying or any of the other legal arguments, that thing else. If the Court had rejected it because of that, they would have said so. They rejected it specifically the 500-foot property limit. Chair Hardemon: But, counsel, I mean, you're saying that -- they may not have gotten into that argument. So, for instance, the Court denied it because they were a mile away. Then they -- there's -- could it be possible, I'm asking you? If they're saying, "We don't even have to look at special injury, because they're so far away that there could not have been a special injury." I mean, so just because you're close, you still have to allege special injury. Mr. Kuvin: And I believe they have, Mr. Chair. Chair Hardemon: All right. Thank you. Is there anyone from the Commission that'd like to make a comment about any of this? Mr. Vice -- Vice Chair Russell: Yes, Mr. Chair. I want -- excuse me. Thank you. Mr. Chairman, I want to fully understand what our City Attorney was expressing with regard to the difference between Chapter 23 and Miami 21, when it comes to appeals. Whatever we decide in this body, we need it to be bulletproof to a higher court of law. And if we are delinquent in procedure in some way, then our overall decision will be found faulty. So I just want to make sure we're getting this part correct. We've got to lay the right foundation so we can build this case and listen appropriately, and make the right decision. So, Madam City Attorney, are you saying that under Chapter 23, there is not necessarily intervenor status, but in Miami 21, there is, under an appeal situation, even though that appeal is of an issue in Miami -- in Chapter 23? So which standard should we be following for intervenor status; the Chapter 23, because it's a Chapter 23 issue, or Miami 21, because it is an appeal under Miami 21? Ms. Méndez: So I wanted to point out Chapter 23 does not have anything with regard to intervenor status; Miami 21 does. However, Miami 21 is not here before you today, because this is not a zoning matter. What I started off by saying was that under common law, if you -- you know -- the cases of Reynard, Southwest Ranches, those type of cases say that people that are aggrieved parties need to show a special injury. They need to show that they're -- it's greater -- their interest is greater than that of the general public. So these types of reasons are the ones that a common law would give these individuals standing to deal with this case on an intervenor status. What I wanted to let you know is that there is nothing in our HEP Code that allows that. Now I will tell you that I believe in the playhouse appeal, which was also a HEP situation, we did allow intervenors; "we," being -- I'm sorry -- you allowed intervenors. The Commission allowed intervenors at that time, because they had demonstrated some sort of special injury and that -- so I just -- I want you to know that you can make that decision based on everything that you've heard here today. And as you rightly pointed out, a court of law will potentially want to give this opportunity to intervenors. And, yes, we may be back here again as Mr. Kugal said -- Kuvin said. Even though the Court in the playhouse reversed, they -- you, as the Commission, did allow the intervenors. But the Court in the playhouse said, "These guys were too far away. They're a mile away." These individuals that you've spoken - - heard speak today are hugging the property; a little different. Vice Chair Russell: Thank you. City of Miami Page 156 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Díaz de la Portilla: So in your opinion -- if I may, Mr. Chair? Chair Hardemon: You're recognized, sir. Commissioner Díaz de la Portilla: Thank you. Madam Attorney, in your opinion, a court will allow -- or if we decide not to give them intervenor status, in your opinion, your legal opinion, a court will give them intervenor status? Ms. Méndez: Based on -- a court would, yes, give them intervenor -- Commissioner Díaz de la Portilla: In your opinion? Ms. Méndez: Yes. Vice Chair Russell: But just to clarify, a court cannot give them intervenor status. A court can just throw out our decision based on making that decision without having -- Ms. Méndez: Right, right, right. Commissioner Díaz de la Portilla: Throw out our decision because we did not give them intervenor status? Ms. Méndez: Correct. Vice Chair Russell: Right. That's right. We're saying the same thing. Okay. Commissioner Díaz de la Portilla: Yeah; six of one, half a dozen of the other. Mr. Bailine: Can I have some clarification, Ms. City Attorney? The cases, the Reynard Case, the playhouse, that was an issue of intervenor, or that was an issue of stan -- those are standing cases to appeal -- Ms. Méndez: Right. So -- Mr. Bailine: -- if someone has standing to appeal. Ms. Méndez: -- yes. But those are the cases in a zoning context. And I -- unfortunately -- Mr. Bailine: Right. Ms. Méndez: -- this is a HEP context. The zoning context is in order to give some sort of -- something for the Commission -- Commissioner Díaz de la Portilla: But that's different. But that's different, right? I mean you give a legal opinion -- Mr. Bailine: Vastly, vastly different. Commissioner Díaz de la Portilla: Yeah, of course it is. You give a legal opinion based on -- this is not a zoning issue we're dealing with today, so your opinion is based on what a court would do had we been dealing with a zoning matter. Ms. Méndez: So what I said is that a zo -- these are zoning issues versus HEP issues. Today we're dealing with a HEP issue. Commissioner Díaz de la Portilla: I know. City of Miami Page 157 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Ms. Méndez: There is nothing on point that allows for them to automatically come in. They have to prove some sort of injury. Commissioner Díaz de la Portilla: That part I understand. That's not what I asked you. That part I understand. What I asked you was what your legal opinion was as to what a court would do if we deny them intervenor status. You cited a case or an example that deals with a zoning matter. This is not a zoning is what I -- Ms. Méndez: No, no, I didn't -- so I didn't cite the case for the proposition that it would be allowed in a HEP case. I cited it for the proposition for you to know what it -- what happens in zoning matters. Commissioner Díaz de la Portilla: Correct. So what happens in -- whoa, whoa, whoa. Do you have an example of what happens in a HEP matter or matter --? Ms. Méndez: I don't. Commissioner Díaz de la Portilla: You don't have any example like that? Ms. Méndez: There is no cases on point in the HEP context. Commissioner Díaz de la Portilla: So -- Ms. Méndez: And that's where everybody started discussing this. Commissioner Díaz de la Portilla: Right. So the fact of the matter is that you don't know what a court will do? Ms. Méndez: It's just based on the things that they take into account with regard to proximity, special injury; the fact that, you know, they will be affected more than the general public. Those are the things that a court would take into account if these people are not given the opportunity -- and that's why I started this whole process with what they agreed to at least allow them to participate. With that said, it's still your factual decision to make. I just suggest that it -- Commissioner Díaz de la Portilla: But we like to make factual decisions based on facts; that's why I'm asking the questions. Right? Ms. Méndez: Right. So the best example that I could give you is the HEP case that we just won on appeal with regard to playhouse, or at least the other playhouse case that had to do with the Court did not think they were proper intervenors, because they were too far away; not because it was a HEP case. Commissioner Díaz de la Portilla: I understand. Okay. Ms. Méndez: So if I -- I'm just -- you know, it's all we have right now. Commissioner Reyes: Question, question. And just -- I mean, it's very simple. From what I understand, and what I understand from all the things that you have said, it is that in this case, what we have in front of us, what we are deciding to, now, does not - - intervenor status does not apply. If we were changing the Code, it was a Code change, I mean, if we were changing the Code to build this school, then it will apply, and that by us granting intervenor status, it doesn't -- I mean, it's not because it applies to a HEP case, which is what we are hearing here today. So I want to question -- I mean, I want you to answer, "yes" or "no." Does -- is this just a HEP decision on what we're doing here? According to this, what I'm reading here, it is reversing or affirming or finding a decision on Miami Historic Environmental City of Miami Page 158 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Preservation Board, you see. What we are dealing today is if we are going to affirm or deny the decision of the Historic Preservation Board. Ms. Méndez: Right. Commissioner Reyes: And I don't think how that intervenor status, I mean, you can tie that in this case. In other cases, you don't do it, you see? And because I do understand when you have a zoning change that there are people that could be affected by that positively or negatively from that zoning change, and a building that is -- but that should be the next step on this application, you see? Not today; the next step in this application is the one that we should be considering if they have intervenor status or -- that is my take on this. Commissioner Díaz de la Portilla: I agree with that. Ms. Méndez: That is also -- Commissioner Díaz de la Portilla: And Mr. Chair -- I'm sorry. Mr. Chair, through you? Chair Hardemon: Yes. Commissioner Díaz de la Portilla: I'd like Mr. Bailine to take a shot at this. Your thoughts? Mr. Bailine: Commissioners, I have to tell you I agree with both Commissioner Reyes, I agree with you, Commissioner Díaz de la Portilla that if this was a zoning matter, for us to object to intervenor status, I think would be a bit -- dare I say "laughable"? But under Chapter 23 and Chapter 17, I agree with both you and Commissioner Reyes that if the -- and again, I don't pretend to be your attorney. I understand that you have -- you know -- more than competent counsel. But my take on this on behalf of Carrollton, if the City was to grant intervenor status this evening under Chapter 23 and Chapter 17, I think that you would be almost rewriting your Code, kind of, as Commissioner Reyes said, and I agree with the two of you on this topic. If we were here on a zoning application, which, very candidly, I hope we are before this Commission, in several months from now, on a zoning application. You could laugh me off the screen, if we're on a screen, or laugh me out of City Hall for saying, "no intervenor." But under these two chapters of the Code -- Commissioner Díaz de la Portilla: So you're -- Mr. Bailine: -- I agree with you. I agree with you. Commissioner Díaz de la Portilla: So you would agree that when we come back for the zoning application that -- we're not there yet, but when we do come back that they will be granted intervenor status? You would not object to that? Mr. Kuvin: I think it would be very difficult for us to object to that -- Commissioner Reyes: Absolutely. Mr. Kuvin: -- given the facts that I'm assuming at the time, yes. Commissioner Díaz de la Portilla: That's fair enough. Okay. Ms. Méndez: And if -- at that time, it's a zoning matter, and -- but I think that -- City of Miami Page 159 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Díaz de la Portilla: I got that, but I would like to hear Mr. Kuvin, maybe, Mr. Chairman, if I may? Chair Hardemon: Yes. Commissioner Díaz de la Portilla: I would like to get Mr. Kuvin's response to Mr. Bailine just to get kind of a different perspective. Chair Hardemon: Please. Mr. Kuvin: So just like Mr. Bailine said, it's that this is -- the change of use is exactly what they are seeking here. And, you know, I don't have to get off the turnpike to be on my way to Disney World. So once I get on the turnpike here in Miami or once I leave the front of my house and I'm on my way to Disney World, I don't have to get off at the exit there in Orlando to say, "Okay, now I'm on my way to Disney World," no. He's -- he has admitted that he is looking for a change of use; that this will all lead exactly to -- exactly what he wants, which is a zoning change of the property; and so, that's why he had to go to the HEP Board. His application was for a zoning change. While they may examine different things at the HEP Board and they may examine different things at the Zoning Board, it's still all the same. They're all on the road to Disney World. They're all looking for -- Commissioner Díaz de la Portilla: But we do agree -- but you do agree that there's a process -- right? -- in place and there's certain steps. There's step one and step two, and step three. You're on the road to Disneyworld, but there's some exits along the way, right? So it's a process. You don't apply the same standard. It's not an express, right? It's kind of -- you can exit whenever you want, right? So it's -- I don't think it's a fair analogy you're trying to make here. Is it, in fact, a process in your mind, Mr. Kuvin, and that they have a strong legal argument that there's -- you should not be granted intervenor status at this juncture in this way along the road, this point along the road? Mr. Kuvin: Well, actually, if I cite back to the Code again and I read it, the first thing -- and this is one of the arguments that I did make to the City -- was that there is nothing here that prohibits this Commission from granting intervenor status -- Commissioner Díaz de la Portilla: Of course not. Commissioner Reyes: That's not what we argued to the point. Commissioner Díaz de la Portilla: That's not the point. That's not the point. Commissioner Reyes: That's not the point. Commissioner Díaz de la Portilla: Well, why would -- Commissioner Reyes: The point is if we should be considering -- Commissioner Díaz de la Portilla: That's not the point. Commissioner Reyes: -- intervenor status or not. That's the point. Commissioner Díaz de la Portilla: We can do whatever we want. And we're saying what should be the correct thing to do, right? Commissioner Reyes: Absolutely. City of Miami Page 160 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Díaz de la Portilla: At the end of the day, what's the legal process and is there any case law to support it one way or the other? Are we operating in a zoning situation, or operating in an appeals situation to the HEP Board? And we know what part of the road we're in right now, right? So give me your legal argument why you should be granted legal -- intervenor status right now at this juncture, at this stage. Mr. Kuvin: My legal argument would be is that the Code allows you to do it and I believe -- Commissioner Díaz de la Portilla: Of course. Mr. Kuvin: -- that this Commission would want to know all the facts and to hear contrasting opinions from different experts regarding the property and the -- Commissioner Díaz de la Portilla: But do you -- but you do understand that we will eventually, when we get to that point of the road, that we will eventually hear all the facts, because -- Mr. Kuvin: You won't be able to go back and revisit this ever again once we get past the appeal, so if you grant the appeal, and we will not be able to go back and to talk about trees. We will not be able to go back and talk about -- Commissioner Díaz de la Portilla: No, but you'll be able to talk about zoning. So you'll be able to talk about zoning and -- Mr. Kuvin: Right. But -- Commissioner Díaz de la Portilla: -- the fact of the matter is that it can't be built, whatever the end game is for them -- right? -- to build something. It cannot be built unless they go through the zoning changes, right? So you will have an opportunity to eventually be able to make your arguments and have intervenor status and -- granted intervenor status and make all the arguments that you are trying to make now. I think you're a little bit premature. Commissioner Reyes: Excuse me a minute, but you are assuming; you are assuming that this is going to pass, I mean, and you're going to have -- that the appellant is going to have the votes in order to -- I mean, to approve the appeal, and that might not be the case, I mean. And that I'm not -- and that, I mean, states here, what I'm deciding is the intervenor status, if it is -- does it apply now or not? Now, the appeal is something else. The appeal is on a different vote, you see? And you are assuming that if you are not granted intervenor status, I mean, that the appeal is lost, and that is not the case. And besides, even if you lose the -- I mean, we vote against the appeal, they can come back again with a different proposal and take different steps than they did now. I mean, this is not -- what you're saying, sir, is not what we are dealing with now. We are dealing with the intervenor status. Is it proper or not? And that's it. I mean, in my opinion. That's my opinion. But the appeal -- the vote on the appeal in favor or against is not under discussion now, you see? Just the intervenor status. Mr. Silver: One other legal argument on behalf of -- Chair Hardemon: One second, one second. Mr. Silver: The appeal -- an appeal of a HEP Board decision -- Chair Hardemon: Mr. Vice Chairman. City of Miami Page 161 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Vice Chair Russell: Thank you, Mr. Chairman. I see where the Commissioners are coming from on this one, but I want to really paint the big -- the broader picture. If we have -- it is within our jurisdiction to grant intervenor status, and by precedent, we have done so before on appeals of a HEP Board decision. Unidentified Speaker: What I think is one of the most chilling -- Vice Chair Russell: I don't think it's right for us to selectively say not to grant intervenor status just on the basis that this is a HEP Board decision that we're appealing -- that's being appealed at this point. Clearly, we've set the precedent that we can and have granted intervenor status in the past. Commissioner Reyes: When was that? When was that; a long time ago or --? Vice Chair Russell: The playhouse. Commissioner Reyes: The playhouse? Vice Chair Russell: On the playhouse. Commissioner Díaz de la Portilla: I wasn't here, so. Vice Chair Russell: Sure. But there were two residents that were intervene -- that requested intervenor status. Commissioner Díaz de la Portilla: I know what happened, but I'm saying that I wasn't here. I don't -- Commissioner Reyes: But they were not granted intervenor status. Vice Chair Russell: They were granted -- Chair Hardemon: Mr. Vice Chairman -- Vice Chair Russell: -- by our body. Commissioner Reyes: Yeah, but that's -- Chair Hardemon: -- Vice Chairman and Madam City Attorney, but the argument made in that hearing, though, that intervenor status should not be granted, because it was a different part of the section, or is this a new argument that we had today? Ms. Méndez: Okay. I'm trying to pull the case, because, unfortunately, we don't -- you know, it's not reported on Westlaw, I believe, so we're trying to pull the case. I'm trying to see if they were appellants or intervenors, so just give me -- Commissioner Reyes: I think it was appellant. Ms. Méndez: -- a moment. This was not a -- Vice Chair Russell: You could be right. Mr. Bailine: But didn't the Court overrule the granting of the status? Ms. Méndez: I believe so but -- Mr. Bailine: -- as Mr. Kuvin pointed out? City of Miami Page 162 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Ms. Méndez: -- I am trying to check if it is appellant or intervenor. Mr. Bailine: No problem. Commissioner Díaz de la Portilla: We'll wait. Ms. Méndez: The point is -- Commissioner Díaz de la Portilla: We'll wait. Ms. Méndez: -- right. The point is if you want to hear it, you can; if you don't, you can leave it to -- Commissioner Díaz de la Portilla: We know that. Ms. Méndez: -- Zoning. You can leave it to Zoning. Chair Hardemon: No, we understand that. Commissioner Díaz de la Portilla: We understand that. We just want your -- we wanted to look at -- give us what you're researching right now. I'd like to make decisions based on information. So -- Mr. Kuvin: Yeah. Commissioner Díaz de la Portilla: -- fellows, I'm willing to wait for you to give us an answer. Vice Chair Russell: Yes, but I wasn't finished on my point. Ms. Méndez: If I can, then we need like a five-minute break. I think my blood pressure is like high from -- Commissioner Reyes: No, I can see it. I can see it. Ms. Méndez: -- so I just need five minutes if we can, and research it. I'll research it and get right back to you. Chair Hardemon: All right. And Madam City Attorney, I don't know if you are able to tell us from that hearing if anyone made a similar argument as Mr. Bailine and Mr. Wasserman are making right now, which is that this section of the rules that we should -- we're considering right now through the HEP Board does not allow for intervenor status, or is silent to that of intervenor status, as compared to the Miami 21. Ms. Méndez: The HEP -- right. So Miami 21 -- Chair Hardemon: I understand. I understand that. Ms. Méndez: -- has it. HEP does not have a section at all. Chair Hardemon: You're not listening. You're not listening. What I'm saying to you is, I don't remember this argument being made at the last hearing when this was an issue with the playhouse. And so, my point in that is that this is the first time I've heard this argument, which things like this is what leads to different decisions from the same body. City of Miami Page 163 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Díaz de la Portilla: Body, of course. Chair Hardemon: So what we'll do is, we'll do this five-minute break to allow you to kind of get your bearings, and then -- Ms. Méndez: Okay. Chair Hardemon: -- we'll con -- Ms. Méndez: Thanks. I appreciate it. Commissioner Díaz de la Portilla: Thank you. Commissioner Reyes: 10 o'clock. Vice Chair Russell: Curfew. Commissioner Reyes: Curfew. Commissioner Díaz de la Portilla: That's a Miami-Dade curfew. Ms. Méndez: We're going to be on in a moment, as well. Chair Hardemon: They've called on the Commission to come back so we can establish quorum. Wonderful; we're back. Right now, we have -- I know I heard the Senator's voice, but I see that we have the Vice Chairman here, and myself. If we have one more Commissioner to come on and then of course, we can take action when we have that. So -- Commissioner Díaz de la Portilla: Here. Chair Hardemon: You're back here? So -- Commissioner Díaz de la Portilla: Yes, sir. Chair Hardemon: -- as well as Mr. Greco. John Greco (Deputy City Attorney): Thank you, Mr. Chair. So to sort of jump in here into the discussion, with respect to the playhouse decision that was alluded to, in that case, the inter -- the punitive inter -- there were no intervenors. There were appellants. The homeowners appealed, and under our -- under Chapter 23, the -- in order to appeal, you have to be an aggrieved party. And what the Appellate Division did on appeal is say, "If you have an appellant that's permitted to appeal as an aggrieved party, but you don't define what 'aggrieved' means, then you have to apply this special interest standard." So what does that mean for this case? In this case, it's different, because we have intervenors. And under Chapter 23, the chapter of the Code that governs historic preservation, there is no provision for intervention. So legally speaking, there is no Code authority for intervention in this case. Now, with respect to whether the Commission wants to make a policy decision to allow punitive intervenors to speak or to address issues, that's a policy decision; it is not required. There is no authority for it, but again, the Commission, you know, can exercise its discretionary authority, and allow them to do that. And what I would say is, for Mr. Kuvin, if -- you know, I'm not aware of any case that gives someone -- a homeowner the right to intervene in an administrative proceeding absent authority in the Code. And again, there's no authority in the Code for that, so. Commissioner Reyes: Okay. Having said that -- City of Miami Page 164 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Vice Chair Russell: Thank you. So -- Chair Hardemon: Mr. Vice Chairman -- Vice Chair Russell: -- I'm sorry. Am I recognized? Chair Hardemon: -- and then Commissioner Reyes. Yes. Mr. Vice Chairman. Vice Chair Russell: Thank you. So now, I just need clarity, because my original question to the City Attorney had to do with whether or not there was precedent of the City Commission granting intervenor status, hearing the appeal of a Historic Preservation Board decision, and I was incorrectly told that we did on the playhouse. I'd like to know if there are other examples where the City Commission has granted intervenor status on a HEP Board decision appeal. Mr. Greco: I believe we are not aware of any. The playhouse was not a precedent, but as far as any other ones, I am not aware of any. I do not believe any of us here on the Attorney's side of the dais are aware of any. Vice Chair Russell: Thank you. So if I could just finish my thought from before the recess, there -- it's not expressly allowed, but it's not prohibited, either. Commissioner Reyes: Oh, my god. Vice Chair Russell: And so, the Commission has some flexibility here it sounds like. For me, as I said before, I want -- "A," I want to get the best information to make our decision. And "B," I want our decision to be binding when it gets to a higher court. I think if we don't grant intervenor status to someone who perhaps can just demonstrate an injury above and beyond what the general public receives, then our decision could be overturned. However, if we incorrectly, let's say, grant intervenor status where we not necessarily should or have to, it shouldn't hurt our decision. But what it does allow us to do is hear all sides of everything. And even though they may be mandatorily granted intervenor status on the zoning issue if and when that comes to us, at that point, they'll never be able to bring up the issues they have on historic preservation, trees, the scenic corridor, et cetera, on which it seems like they've built a case here to be heard. So I -- based on what I've heard, I would err, if it's an error, on the side of granting intervenor status, which should help make our decision more bulletproof as it goes to a higher court, if it does. That's just my thought. Chair Hardemon: Commissioner Reyes. Commissioner Reyes: Well, I -- if the Charter doesn't allow them and doesn't allow them to intervenor status on a HEP Board decision, I don't think we should start having a precedent, making a precedent here, because we thought that we did it before; although I disagree with Commissioner Russell, when they come for the zoning change, they can state the loss of trees, the loss of canopy, the physical -- I mean economic damages that they are going to cause because of -- whatever -- the proximity or anything that -- and also the loss of -- I mean, even the historic, they can bring it up. And what you are -- what -- you see, what you are assuming is that the appeal is going to pass; that's what you're assuming. And, I mean, you're talking about it in an assumption. And I'm going to be very honest with you. I'm not going to vote for the appeal, you see? I mean, because I think that they should come back again. I mean that -- voting against the appeal doesn't preclude them from coming back with a better plan and with more -- I mean, do -- having done a better PR (public relations) with the neighbors, and see if they can come up with a plan that will be compatible with the neighbors, and that's it, you see? And I just want you to know that, you see? City of Miami Page 165 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Vice Chair Russell: So you're stating that you're going to vote against the appeal at this point? Commissioner Reyes: Yes, I'm going to vote against the appeal, and I'm going to vote against an intervenor status. How do you like that? Vice Chair Russell: Well, we haven't heard any of the facts yet on the case. Commissioner Reyes: Listen, I think -- I mean, that is what I heard. I have met with everybody, okay? I have met with everybody. I have heard the facts with everybody, and that is my -- was my position from day one, okay? It was my position from day one. And what we're doing here -- and I know you like to do that -- you like to go around and around and around, and around. I mean, I am more pragmatic. I'm more straightforward, okay? And what I'm saying is, the way that I feel, what I informed everybody that came to talk to me -- those people against and those people in favor of it -- and I had big concerns with traffic, big concerns with what could happen to the neighbors, okay? But what we're discussing now, you keep on going around it and assuming something that was going to happen, and you were basing everything on assumption. And I know you love to do that. But, I mean, I don't agree with you. I think that in this case -- and now, that what we are discussing here, doesn't -- I mean, I cannot grant -- I mean, in a clear conscience, I cannot vote for granting an intervenor status. That's it, okay? And I think that I -- let's -- Ms. Méndez: Commissioner Reyes, Commissioner Reyes, I think since we were talking appeal, intervenor, I confused you with the whole intervenor appellant thing. I just want to clarify for the record what you're talking about right now is that you're not granting intervenor status. You're going to listen to everything with regard to the appeal and -- Vice Chair Russell: Oh, and he said he's going to vote against the appeal. Ms. Méndez: Right. I'm sorry. I know I confused you. You're talking about intervenor status right now. Commissioner Reyes: Well, now, okay. Ms. Méndez: Wait. Press the button. Commissioner Reyes: Now that you made that clear, now that it's clear, I mean, I just want everybody to know I'm going to vote against it -- Ms. Méndez: But -- Commissioner Reyes: -- granting intervenor status. That's it. Ms. Méndez: Okay. Commissioner Reyes: Okay? That's it. Ms. Méndez: And then for the appeal, we still have to listen to everyone. I know that -- Commissioner Reyes: No, let's listen to the appeal. I already know how I'm going to vote, I mean. I -- Commissioner Díaz de la Portilla: So does everybody else know how they're going to vote on the intervenor status, or do we still have to have more going in a circle debate here? City of Miami Page 166 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Chair Hardemon: We just need a motion. Commissioner Díaz de la Portilla: I'll make a motion to deny intervenor status. Commissioner Reyes: And I second it. Chair Hardemon: Been properly moved and seconded that we deny intervenor status. Vice Chair Russell: What do you think, Mr. Chairman? Chair Hardemon: There's four of us. That means that if you vote for it and I vote for it, it dies. If I -- Vice Chair Russell: That's true. Chair Hardemon: So the motion dies -- so we're just stuck in limbo. So I think you know how that's going to go. Vice Chair Russell: Yeah. All right. Chair Hardemon: Any further discussion? Commissioner Reyes: No. Chair Hardemon: Hearing none, all in favor, say "aye." Aye. Commissioner Reyes: Aye. Commissioner Díaz de la Portilla: Aye. Chair Hardemon: All against? Vice Chair Russell: No. Commissioner Reyes: Next. Chair Hardemon: Motion carries. Commissioner Reyes: Okay. Chair Hardemon: So intervenor status is denied. Ms. Méndez: I wanted to ask one more question. Has anybody met with any of the applicants? Do we want to talk about that? Vice Chair Russell: Plenty. Commissioner Reyes: Plenty. I mean, I -- you name it. You name it. Ms. Méndez: Okay. Commissioner Reyes: And the only person that I have not met is the Pope, okay? Ms. Méndez: All right. So then I just wanted -- Commissioner Reyes: Okay? They have brought everybody. I mean, I lost track of the people that are in favor or against that have come to my office. I mean, I'd have to go back to it. I mean, but the Pope, everybody, you see. I mean, Cardinal Wesley, City of Miami Page 167 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 they offered me to bring it up, and we don't get along too well, so I said, "No. Please, I don't want to talk to Cardinal Wesley." Ms. Méndez: Okay. So then -- Commissioner Díaz de la Portilla: Well, besides the Cardinal and the Pope, Mr. Chairman, how do we proceed now? What's the next step? Do you want to go ahead and hear the argument? Chair Hardemon: Well, first, you know, in an abundance of caution -- Commissioner Díaz de la Portilla: What's your preference, sir? Chair Hardemon: Jennings disclosures first. So in an abundance of caution, because I'm not -- you know. I mean this thing has been around for so long. I understand exactly what Commissioner Reyes is saying. I have had to -- I've met with individuals from both sides regarding this issue, and so, I want to make sure I disclose it on the record. Commissioner Díaz de la Portilla: Hey, and I will do the same thing. I've met with individuals on both sides of the issue, so I want to do the Jennings disclosure, also. Ms. Méndez: Okay. Vice Chair Russell: You know, I've been confronted in grocery stores, in my office, on text, on Zoom. So, yes, both sides of this issue have given their opinions to me, but it, of course, does not sway my ability to listen to the facts before me now. Ms. Méndez: Okay, perfect. And Mr. -- Commissioner Díaz de la Portilla: But the people involved in this debate don't go to my grocery stores, but I've been out fishing -- Commissioner Reyes: They don't go to Sedano's. Commissioner Díaz de la Portilla: My people go to Presidente and Sedano's. Commissioner Reyes: That's right. They don't know Sedano's. Commissioner Díaz de la Portilla: There's no Whole Foods in Allapattah. Commissioner Reyes: Absolutely. Commissioner Díaz de la Portilla: Now we get it. Commissioner Reyes: Whole Food and everything like that. (UNINTELLIGIBLE) because, you know, because my restaurants are (UNINTELLIGIBLE). Commissioner Díaz de la Portilla: Dos toston, those places. Commissioner Reyes: Dos toston and -- Commissioner Díaz de la Portilla: They don't hang there. They don't hang there. They don't hang there; right, Commissioner? Commissioner Reyes: No, no, no, they don't. They don't. City of Miami Page 168 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Ms. Méndez: Mr. -- if I can -- Chairman, one more thing. Mr. Bailine and Mr. Wasserman, you're fine. You don't have any issues with Jennings disclosures at this time? I just want to make sure that's there for the record. Mr. Kuvin: No, we've -- I've met with Commissioner Russell. I've met with Commissioner Reyes. Obviously, I've met with the Planning Director, you know, so those are the folks I've met with in person. Ms. Méndez: No, no; not you. I mean, what Commissioner -- you're fine with -- Chair Hardemon: Stop snitching. Commissioner Reyes: (INAUDIBLE) disclosing -- Ms. Méndez: They're fine with the Jennings disclosures made by -- Mr. Bailine: Yes. They don't -- I was just trying to -- Vicky, as always, I'm just trying to be transparent as Ethan. No, we have no issue with the Jen -- with their Jennings disclosures. Thank you. Ms. Méndez: Thank you so much. Mr. Bailine: At least that joke was a little bit funny this evening -- Ms. Méndez: Yes. Mr. Bailine: -- at 11 o'clock at night. Ms. Méndez: No, it was great, it was great. Thank you. Chair Hardemon: Okay. So I must admit, you know, I thought that there probably would have been a granting of the intervenor status, not having heard any of the argument. That's what I anticipated. And so, with that being said, now that we don't have -- because I think it was described on the record they had about 12 witnesses that they wanted to put forth. And so, I was anticipating that we would be moving forward with the case in chief at a different date. But now, seeing that we do not have that case in chief, Mr. Wasserman, how much time do you think you'll need to actually provide an opening statement and kind of present what it is that you're asking of us to do? Ms. Méndez: We cannot hear you, Mr. Wasserman. Chair Hardemon: You might have your phone muted. Mr. Wasserman: Is it better now? I need my cell phone released. Chair Hardemon: Yes, yes, we hear you now. Mr. Wasserman: You can hear me? Chair Hardemon: Yes. Mr. Wasserman: Okay. We need about 25 minutes to work through our presentation. Chair Hardemon: All right. Let's go. Mr. Wasserman: I'm sorry? City of Miami Page 169 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Chair Hardemon: Let's go. Mr. Wasserman: Okay. Bear with me one second. And do we have access to share a screen at this time? Chair Hardemon: Yes. Mr. Wasserman: Okay. Good evening, Commission. Again, for the record, Ethan Wasserman and Ryan Bailine with Greenberg Traurig, 333 Southeast 2nd Avenue, here on behalf of the appellant. There's a large group with us tonight. We have Richard Heisenbottle, our project architect; Elizabeth Van Dillewijn, and Andy Witkin, our landscape consultant; Bob Carr, our archeologist; Olen Kalkus, our head of school, and my colleague, Ryan Bailine and Marissa Newfield. We are here today on appeal of two HEP decisions relating to our application for historic and environmental approval of our development plans for Villa Woodbine and the surrounding properties. We will present evidence to you all today which confirms that the HEP did not base their decision on substantial competent evidence, and we are seeking your approval today. By way of quick background, we went to HEP in September of 2019. At that hearing, we made a substantial presentation explaining how our application preserving the historic structure and the new construction did not only not have an adverse effect on the historic components of the property, but was completely in line with the special guidelines imposed by the property's Historic Designation Report. We also provided significant testimony -- excuse me -- showing how the plans preserve the natural environmental features, such as the rock bluff; continued the scenic transportation corridor on Bayshore; kept the major trees on-site while installing significantly more native and healthy trees than exist on-site today. All in attendance had an opportunity to be heard. There was a significant amount of dialogue and requests for information from our team. The item was ultimately directed for a continuance to address what the board felt were a narrow three to four issues that they wanted additionally clarity on, and specifically, those items were the landscape drawings -- landscape section drawings; preservation efforts, what we did to preserve tree 460, which we'll talk about; the rock bluff platform details, and the rock wall section details scattered throughout the site. We did just that. We supplemented our application to provide additional data at the board's request and re-presented in December of 2019. At the end of the hearing in December the board seemed very comfortable with our application, and proceeded to a vote. Unfortunately, both applications obtained a split decision, 4-4, which, by Code, is deemed a denial, unique to the HEP decisions. To this day, we do not know -- and quite frankly, I don't believe your professional staff understands -- why specifically the board denied the application, and there was no indication as to how our project did not comply with the clear Code criteria for approval. I will mention that there was significant discussion of whether the exception application governing the school use and the associated traffic issues governing that use could be a factor in the decision, as well as the procedure of whether the exception should come before the HEP decision. The City made it explicitly clear to the HEP Board that those issues are not part of this application, and should not be a factor in their decision-making process, that those issues are clearly outside the bounds of this application, and do not speak to the merits or criteria of the application. To be clear the HEP and this Commission is bound by the Code and must limit its review to the application before it; the Code requirements contained in Chapter 23 and Chapter 17. We believe that decision was made in error and not based on substantial competent evidence. The transcript of the hearing is, of course, part of the record before you, and I believe everybody is familiar with this project at this point given the amount of outreach, but I will try to give some background before I turn it over to the rest of my team. Specifically, our application covers a few distinct areas that are worth mentioning individually. First and foremost, the critical piece of all of this is the crown jewel of Villa Woodbine. That's gotten lost in almost all of the discussions, and quite frankly, City of Miami Page 170 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 was very much ignored at the HEP level. And the reason for that is simple. It's because we're doing such a good job preserving it that no one wants to talk about it. Villa Woodbine is the true reason we're here. There are other incredibly important issues, but the centerpiece of this entire discussion is the Woodbine structure. And you'll hear about a restoration and improvement efforts in a minute. Nobody had no objections to the renovations and improvements to the structure. To the contrary, there was positive discussion about the design and compatibility of the two new structures located in the rear and side of the property, located exactly where the designation report states new development shall occur, and I'll mention that a little bit later. You will hear about our efforts to preserve the rock wall formation throughout the site, and how the formation of those walls on the property dictates the shape and form of the various improvements located on the property. You will hear from our archeologist about the rock bluff formation on a specific portion of the property; how the exposed bluff in front of the existing home to our north and the exist -- excuse me - - the existing bluff in front of the home to our north, and the bluff in front of Villa Woodbine will remain exactly as they exist today; whereas the bluff that's currently invisible is not a significant formation, and it's not even a part of the historic property, will be exposed by my client and opened up as part of a viewing platform for our use going forward. You will hear today how we are removing prohibited species, prohibited tree species. This is a requirement by the City's Code, and our landscape consultants can address that for you in more detail. When it comes to trees and tree canopy, we provided evidence and testimony that there will be more trees than exist today; more of the non-prohibitive trees; more native species than exist today, and more canopy than exists today, assuming natural and maintained growth. It is important to understand the tree dialogue in the context of native healthy trees versus prohibited, damaged, dead, and non-native plant species. So that's a high-level review of the application and what we're going to cover. It's a frame of discussion, but for the record, I want to provide some technical guidance. There are two separate applications that are before you with two different Code sections governing these applications. There's Chapter 23-6.2(h). That relates to historic preservation. There's 17-36, which relates to the environmental preservation and the scenic corridor. These citations are, of course, part of the record analysis, but we have also submitted into the record copies of these Code sections. Now, all of these issues are really intertwined, and so, we're happy to make a unified presentation to all of you as we did at the lower level at HEP, but I do want to take the time to explain for your benefit what it is we're talking about, and where on the property we're talking about it. So if I can, bear with me. I would like to share my screen for a second. I hope you all will be able to see my PDF (Portable Document Format) of three different outlines of the property. So you have the historic property here, and this is taken from the City's Miami 21 website, and you can see it's a little bit off, but that's just how it's copied from the City's GIS (Geographic Information System) map. The historic property is basically this narrow strip going down to the property. It does not include these two single-family homes on this side of the property, it does not include the outer bounds, and it certainly does not include this area right here, which just has a single-tree cluster right in this location, and this is where one of the rock bluffs that we will be talking about. The second image that you have is the Environmental Preservation District. This is EP-60. This relates to trees and relates to the rock bluff formation. You can see that it doesn't extend to the rear of the property, but it basically covers our neighbors in this area. The scenic transportation corridor is, of course, right here on Bayshore Drive. So you can see there are a lot of things to consider, and the shape and form of the application that are before you are very specific, and I want to explain why. According to Chapter 23 in the City Code; the bible, so to speak, of this application is the property's historic designation report. In the Historic Designation Report, it addresses what is historic and what is not, and where future development should occur. This guidance was not created because of our application. This guidance was created several decades ago. So this box that I just put up identifies very explicitly and succinctly what the designation of this City of Miami Page 171 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 property was meant to do, and I will read it directly from the conservation objectives. Every attempt should be made to preserve Villa Woodbine -- that's exactly what we're doing -- its unobstructed views to South Bayshore Drive -- that is exactly what we're doing; its limestone bluff. That is what we are doing, because, again, remember, the Designation Report covers the center piece of property. The major trees on-site -- it doesn't say "all trees on-site"; it says, "major trees on-site," and that's what we're doing -- while allowing sensitive development at the rear of the property and on adjoining lots. That is exactly what we're doing. We took this very literally and applied it to our site planning. So before I close or turn it over to my design team, I would like to quickly mention this application has done some very unique things. Let me take you off shared screen. I apologize. When we originally designed the project, one of our neighbors asked us to move the building over. We did that in our submittal. But when we moved the building over, City environmental staff became concerned with the impact that would have on one of the trees; Tree 460, specifically. So we went out and did a 3D laser scan. I'm not aware of anybody else doing such tests. I don't think staff is aware of anybody taking the time or money to do that. Once we understood the root system of the tree and we were able to superimpose that onto our plan, which I think you'll see later in the presentation, it made staff comfortable with the location of our building. Staff was supportive of the design, and its impact on this tree. I tell you this so you're aware of the length my client went to design this property. I will close with an acknowledgement that staff is fully in support of both applications as evidenced in their staff reports, and we agree with all staff conditions as originally proposed to the HEP Board. We appreciate the time staff took to work with us on these applications over many months to make sure they were the correct shape and form. And again, what I mean by that is you have major trees on-site, you've got a rock bluff, you've got a scenic transportation corridor, and you've got rock walls scattered throughout the site. Our two buildings, which are nowhere near as large as they could be -- they're not as large as the Code allows -- takes all of this into account while keeping a historically sensitive design. That is what you have before you. Staff review and this Commission is, of course, limited to the application before you and the Code for these applications. I'm happy to talk further about community outreach that we did very early on in the process -- Carrollton's strong stewardship of historic and environmentally formed properties -- but in the interest of time, I'll turn it over to our design professionals. Rich. Richard Heisenbottle: Thank you, Ethan. A pleasure, Commissioners, to be with you this evening. For the record, my name is Richard Heisenbottle, FAIA (Fellow of the American Institute of Architects), and I'm president of RJ Heisenbottle Architects, with offices at 2199 Ponce de Leon Boulevard in Coral Gables. And I must say that I am very honored to be the architect and preservation architect for Villa Woodbine. Just as in the past, RJ Heisenbottle Architects has received national acclaim for the restoration and design of historic schools. We should also recognize that the Carrollton School has proven to be an extremely excellent steward of historic schools -- El Jardin. You know, in fact, I would venture to say that no one takes better care of their historic buildings, of their historic landscapes, and their environmentally- sensitive property than Carrollton. The gloom and doom predictions that we've heard about this property and what it will do to the surrounding properties are simply false. Contrary to what you have heard, the property is not in very good condition today. So let me take you on a walk through what we propose to and bring you up to speed as to what the existing conditions really are. What you're looking at on my screen right now -- and I excuse the fact that it's not a full screen at the moment -- is the original Villa Woodbine, designed by the famous Walter De Garmo, one of the fathers of Mediterranean architecture in South Florida, along with Kiehnel and Elliott. The building was built in 1931. We all know where the site is. We've all driven past it hundreds of times. It's across the street from Kennedy Park. And in the scope of work, what are we really doing here? We're doing selective non-historic demolition. We're doing new sitework, including site grading and new parking. We're restoring City of Miami Page 172 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 and rehabilitating Villa Woodbine. That's the center of the attractions here, and that's the reason for this Certificate of Appropriateness. We're doing miscellaneous repairs to the adjacent residence, and we're constructing three new buildings and a pool. One of those buildings is an extremely small storage building. So what do we have to work with? How do we begin this project? How do we make the design decisions that needed to be made to do this project? Mr. Wasserman: Rich, I apologize. I just wanted to let you know. Maybe it's me. I don't think you're sharing your screen. I can't see it. Commissioner Díaz de la Portilla: No. Mr. Wasserman: Maybe it's my tech. Commissioner Reyes: We can't see. Commissioner Díaz de la Portilla: Yeah. We can't see it, either. Mr. Heisenbottle: Thanks for telling me, guys, before we finish. Bear with me one second. I'll take care of that. Mr. Wasserman: Guys, I thought it was my technological ignorance, but thank you. Sorry to interrupt, Rich. Mr. Heisenbottle: No, no, please, I'm really glad you did. I'm just -- hard to imagine that -- yeah, we were -- Commissioner Díaz de la Portilla: So go back if you can. If you can, go back. Mr. Heisenbottle: I apologize, Commissioners. That should get us a good laugh at this hour. Commissioner Díaz de la Portilla: Can you go back to where you started; just do it quicker? Mr. Heisenbottle: I'll do it quicker, yes, sir. Commissioner Díaz de la Portilla: Okay. Mr. Heisenbottle: Got to press those buttons, Richard. Okay. So apart from the preamble to this, I do want to show you. I want to make sure that everyone really understands that this is one of Walter De Garmo's many Mediterranean masterpieces, built in 1931. And as I said a moment ago, Walter De Garmo, along with folks like Kiehnel and Elliott, who we all know, the fathers of Mediterranean architecture in Miami. Let's skip along here just a little bit to show you the kind of things that we have to remove from this site. Now, this site is actually very sloppy. It's sloppily taken care of today. We have at the rear of the site -- and I think you can see my cursor over here -- we have two existing residences at the rear that are in varying states of disrepair. So we're going to remove those existing residences. We have a parking lot that is not really a parking lot at all. It's not striped, it's not lit, it does everything illegally, but we're going to be tearing that all up and removing that existing parking lot. We're going to remove an old storage building over here, as well; all to make way for the new in this particular case. And in case anyone has missed it, where is that historic building? Well, it is -- Villa Woodbine itself is right here, with its central courtyard in the middle. So we're -- so we have, in fact, three new buildings on-site; Building Number 1, Building Number 2, and behind the caretaker's house, a small Building Number 3. So with -- let's take a moment and enter the site through Tigertail. There's a turn lane along Tigertail, and one goes in, City of Miami Page 173 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 and driving past Building Number 1. What does Tigertail -- the Tigertail entrance to this property look like today? Well, it's got a wonderful coral rock wall. But other than that, the property is actually in an interesting state of disrepair. And so, one of the things that we tried to do is to make sure that along Tigertail, we maintain the tree canopy that you see outlined in -- on this existing-condition photograph, and that we develop a new entrance along Tigertail, a new, enhanced entrance along Tigertail that will enhance the value of the adjoining property, that will in fact clean up the sloppiness and level of disrepair that is there today. So this rendering that you're seeing is a rendering of our proposed new entrance along Tigertail with additions to the coral rock wall and maintenance of the tree canopy. In fact, from this rendering, I've actually removed some of the tree canopy, so you can begin to see the building. The building along Tigertail is, in fact, two sections of building that are actually one story, so the areas closest to the street on Tigertail are one story high, with outdoor teaching facilities on the second floor. And this is how we propose to enhance the entrance to Woodbine from Tigertail, in much the same way as we have those wonderful entrances at El Jardin. The building itself -- the Building Number 1 itself is actually a takeoff on Mediterranean design. It is done in the Mediterranean style. The next slide that you're going to see shows a building that is very, very similar. There it is. It's very, very similar to the kind of thing that you would have seen by Kiehnel and Elliott. Buildings are broken down into pieces. There are lots of use of the same sort of ornamentation or archways. And one of the things that we've kind of added to this -- because we have so many coral rock walls on the site -- we maintain nearly every coral rock wall that is out there. And I'll show you more of that later on. But if you look carefully at the base of this building, it's -- there's a wonderful coral rock wall there. Let's move now from that building as we've driven into the property and driven by it. At about 40 feet away from that building -- actually, a little more than 40 feet away from that building -- and across an entry drive is, in fact, the landmark, Villa Woodbine and what it -- and this is exactly what it looks like today with this Mediterranean revival architecture. As I'm sure you've attended events there over the years, but this is, in fact, that main entrance. Usually, it's obscured by someone's tent, but this is looking into its central courtyard. We'll be in the central courtyard in just a second. This is that central courtyard and fountain, with its quality detailing and craftsmanship, the iron grillwork, the decorative floor tiles, the arched openings, all of which makes it so very, very special. And it is our job, of course, to restore the building, because, in fact, it is not in quite the kind of condition that we would expect a building of this nature to be in today. So as we looked at this, we got into the details of all the things that needed to be restored there. And this is one of those very special trees in the motor court that is -- that we will be taking extra good care of here and assuring a good long life. I mentioned -- before we get into some of the detailed drawings of the COA for the restoration of Woodbine, we mentioned coral rock walls and coral rock steps and the bluff. Well, this is what the bluff in front of Villa Woodbine actually looks like, with -- along with coral rock walls that have been -- and stairs that have been carved into it over the years. This is the kind of condition of the coral rock walls that you would see around the rest of the property. This, we think, will make a wonderful fountain once again, as we restore it, and it looks like it would make a perfect place for a piece of statuary of the Blessed Virgin. And so, now we need to move on to, what will Villa -- what are we actually doing to Villa Woodbine as part of this Certificate of Appropriateness? So this is what it will look like when it is restored, but I wanted you to get a better feel for the kinds of things that we're doing. First of all, this is the plan for Villa Woodbine. It's a modest courtyard structure. And our reuse of the structure is done in a very, very sensitive way. You know, rather than finding uses that are inappropriate to the building, we have come up with uses that are very appropriate to the building. And a chapel goes where the living room was, conference room, a teachers' lounge. You know, those are all perfect adaptive reuses for a facility such as this; executive offices, administrative offices. And in fact, we also go so far as to make this rather interesting two-story building handicapped accessible without ever poking our heads City of Miami Page 174 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 through the roof of the building. What you're looking at now are the detailed drawings for our COA. If you look closely, you see the existing conditions, and I want to just give you an idea of the kind of things that we have to fix. So I'm going to blow this up a little bit more than we might normally do. What you'd find if we walked out there together, we'd find that there's conduits all over this building. There are exhaust fans from kitchens, you know, from more industrial kitchens that don't belong on a building like this. There are air conditioning units being poked through windows. There are wood windows that are -- there were wood windows that are missing, and all those sorts of things, all of that -- those elements that don't belong in a mansion of this nature are here to be restored and accurately replicated to the originals, and replaced going forward. Literally, from the roof down to the electrical systems and the mechanical systems, all of which will be hidden, we expect nothing short of a sterling restoration, in complete compliance with the Secretary of the Interior's standards. So as we move from Villa Woodbine itself, I think you can all see where that is at the center of the property here with that central courtyard. We want to show you building number -- what we call Building Number 2, which is again set some 35 feet away from Villa Woodbine and across the road. And as Ethan was quoting from the original Historic Designation Report, one of the things that I like to point out about why we chose to build in these locations is exactly what I was alluding to earlier when we got kind of confused up there with the site plan. This is the perfect location for Building Number 2 because there's nothing in its way. There are no trees to take down. This is a great location for siting a building. This is that other adjoining piece of property that Ethan referred to earlier. And I forgot to mention -- which I should not have -- why did we put Building Number 1 where it is over here. Because that's where we're tearing down these two dilapidated single-family homes. That's where we have parking areas today, and that's where we have the least impact on the physical site. And from the very, very beginning, it has been our goal and the school's goal to do the least -- to have the least impact on the site. So back to Building Number 2 for a moment and that kind of vacant parcel of land, that grass -- and I'm not so sure that you can this evening -- you'd see that our coral rock bluff runs across the site and that we have an outdoor deck that bridges over top of this coral rock bluff. Now I'm going to show you in a couple minutes what that coral rock bluff looks like. It's just a meandering little line, but it also has a specimen tree growing out of it. So rather than damage that tree or rather than damage that bluff, it has been our position that we need to bridge that bluff. We need to go ahead and cantilever over the bluff. We need to create a nice façade with arched entryways here to receive folks in Building Number 2. And we need to celebrate the bluff by creating an area, an observation area, which is this area that you actually see in white. This is an outdoor deck that bridges over the bluff, and is -- becomes a viewing deck -- a play deck and a viewing deck for the pool, which is just down a set of stairways. Just to clarify a few things that will be of interest, every one of these little red lines that we put on here, these dashed lines that I do hope you can see, every one of those is a coral rock wall that is to be preserved. We're going to let our landscape architect talk about our trees and tree canopy in a few minutes, but the new trees are the ones that you see over here in the light-colored green, and the existing major tree canopy is what's in the dark-colored green. And in addition, we're doing -- nothing is -- Chair Hardemon: I want to interrupt you one second. I just want everyone to realize that the 25 minutes have expired, so we'll provide you an additional ten minutes. I just want to make you all clear of the limitations that you put upon yourselves. Mr. Heisenbottle: Thank you, Mr. Chairman. We'll wrap this up pretty quickly. Unidentified Speaker: Yeah. (UNINTELLIGIBLE) to Bob right now. Yeah. City of Miami Page 175 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Mr. Wasserman: Mr. Chairman, thank you so much. I appreciate your time and your leniency. We just have a couple other folks that want to jump in, only because of the technicalities of the application with the landscaping and DBH (Diameter Breast Height), and what have you. Rich, please, just -- Mr. Heisenbottle: I would like to -- Mr. Wasserman: -- you know, you wrap up as you see fit, and we'll go from there. Mr. Heisenbottle: Yeah. I'm going to -- what we're going to do right now is, one, to put this photograph of the bluff up on the screen. It is more like a grassy knoll, but we would like our archeologist, Bob Carr, who has been with us in the very, very beginning of this project, to talk about the bluff and talk about how he has recommended we deal with the bluff. And quite frankly, that's exactly how we dealt with it. Bob, can you step in here? Are you ready to speak? Did I lose you, Bob? Mr. Wasserman: I know that Bob was on the list of the folks that were going to be promoted. Mr. Heisenbottle: Bob, would you raise your hand to -- for staff to see you, and unmute your line. Mr. Wasserman: Robert Carr. Was he promoted? Mr. Heisenbottle: It comes up under "field notebook." You could see him -- he raised his hand. And if we could stop the clock for a minute, I apologize. Robert Carr: Can you hear me? Mr. Heisenbottle: Yes. There you go, Bob. Mr. Carr: All right. Good. Mr. Heisenbottle: There you go. I'm going to mute, which I assume everyone will be thankful for. Mr. Carr: The Silver Bluff formation, the limestone formation transverses the parcel as Richard indicated, but what's important to note is that on the southern portion of the property, it's very much obscured by soils and sediment that actually had been pushed over the bluff at a previous clearing and development activities. But nonetheless, the ridge, the bluff is in -- a very important natural and cultural feature, so it's our objective and goal to protect it and to actually -- at least in one location, uncover it so it can be exposed and become an educational opportunity in terms of being able to see and experience the bluff. And as Richard explained, crossing over the bluff without impacting it is in line and consistent with the City of Miami's historic preservation guidelines, which is to maintain and protect the bluff wherever possible. And though this is not the best example of a bluff, this is certainly one that is worthy of preservation, and that's our intent. I'll further be involved with this project in terms of monitoring all construction that is anywhere near the bluff, and also being -- conducting an archeological assessment of the property as part of the overall protection of the property. Mr. Heisenbottle: Every time we dig, Bob will have checked out that area beforehand to make sure that we're not uncovering or damaging anything of historical significance. And to just move a little bit further towards the road before I turn this over to our landscape architect, this is the west lot. The bluff is up at the top of this photograph that you see. And this -- it became an excellent area to place the pool. Why? Because, once again, it's an area where we can do no damage. It's an area City of Miami Page 176 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 where we're not tearing out any significant trees -- any trees, whatsoever, in that particular case -- so it became the perfect third location for one of the major building elements. And as we talked about -- Mr. Bailine: And Rich, I think -- Rich, I think this is a good transition since you said - - you just mentioned, you know, we're moving no trees, whatsoever -- for Andy and Elizabeth to jump in on the landscaping aspects of this, because, as you know, we're here, you know, about the preservation that you are promoting and that you are quarterbacking, and the trees and the DBH, and the scenic corridors that they're handling this evening. So I think the Witkin folks have been promoted, if that's the right word, and I'd love for them to jump in and explain exactly what we're doing, and then to turn it back over to you, Rich. Elizabeth Van Dillewijn: Thank you, Ryan. Thank you, Rich. I'm going to share my screen now if that's okay. Mr. Heisenbottle: Please do. Ms. Van Dillewijn: Can you please stop sharing? Yeah. Good evening, everyone. For the record, my name is Elizabeth Van Dillewijn. I'm a project manager and master designer at Witkin Hults Design Group, 307 South 21st Avenue, Hollywood, Florida 33020. I know that everyone is tired, and we just ask for five minutes of your time for this very delicate and important matter, which is the trees of Villa Woodbine. We would like to start our presentation, me and my principal, Andy Witkin, by highlighting the three most important responsibilities and goals that we have in this project, and that is in regards to the trees. Our goals are to preserve as many trees as possible, like the one you're seeing on your screen, which is a picture we took on the site. We want to enhance all the natural landscape features within the site, and we need to make sure that we integrate any new proposed canopy with new, healthy native trees that will thrive and will complement the surrounding community. With the three goals in sight, we would like to share with you a tree disposition plan. We began this process by quickly doing an analyzed study of the -- a survey of the property, showing all of the trees that are involved, including neighboring trees. We have highlighted everything in color so that it's easy for everybody to understand. Trees that are highlighted in green are trees that are going to be protected, and they're going to remain as part of the final project. Trees that you see here in orange are all invasive and prohibited. And as you see, they're spreading quickly through the site, and they need to be removed, per Code. Trees that are in purple are fruit trees. And we would like to mention that out of all the 26 trees that are on-site that are fruit trees, only two of them are in good condition. Every single one of them is in bad and poor condition; therefore, request it to be removed. There's also trees that are going to be relocated on-site, and these are marked in the blue circles that you see around the site. They're going to be kept, but placed in a different location within the site. And trees in red are trees that are going to be removed because they are in poor or bad condition, and some of them are in conflict with the proposed structure. As you can see, we have developed a preservation canopy diagram to better understand and to show you, and for us to understand as landscape architects what we're doing with the site. In terms of canopy preservation, we are keeping every single specimen tree that is along Bayshore Drive. We're removing every prohibitive species on -- that is close to Tigertail, and some of the trees that are in really bad condition, which gives us our second diagram showing what it would look like once we removed. Our third diagram show us what we need to do to make sure that we're integrating, enhancing, and making the property what it needs to be, and where it could be, so all the trees that are highlighted in dark green are proposed, and trees that are in the light green are remaining, and to be protected. We're just going to run very quickly through the - - some items that have been mentioned before, but I think it's important to understand that we have gone above and beyond to preserve large specimen trees with the help of City of Miami Page 177 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 staff, with the help of the design team, with the help of the client. This tree is a picture of the Tree Number 460, which is the strangler fig, a specimen tree near the Tigertail area, which has a -- almost 50 to 60-foot diameter in canopy, which is going to be kept, and a lot of design elements were implemented to make sure that that tree would stay on-site. The same thing for specimen tree, native also, Number 415. It's a mahogany tree. There's going to be a special treatment for drivers to make sure that this stays at the center of the property without any complications for their thriving -- for its thriving. Also, live oak specimen tree, Native Tree Number 296 is a live oak that's not in the best condition, but we're doing everything that we can to bring it back up to its natural condition and its thriving condition, and working with the architects to make sure that its part of the project, inclusive of educational purposes, and that it's included into the overall design. Some of the other trees that we'd like to mention are specimen trees, like this Tree Number 223. It's a huge tree, but it's not in the greatest condition. Our goal is to make sure that we help it by removing all the coverage, all the vine coverage, and make sure that it thrives, and I believe that with the team that we have put together, we can do so. Other pictures close to Bayshore Drive show us these beautiful specimen trees that are in need of our attention to make sure that they are what everybody thinks it is. They need to be taken care of. They're not in the best condition. But we're not removing these. We are keeping these and we are helping them come back to this natural environment. This is an elevation through Bayshore Drive. We wanted to make sure that people understand that all of the canopy highlighted in this diagram is being kept. The streetscape along Bayshore Drive is going to be enhanced. It's going to add street trees per the street tree requirements. It's going to completely beautify and add to the scenic route of Bayshore Drive. None of this is going to be removed. It's going to make sure that our project is going to preserve and enhance. The same thing as Rich was mentioning in the beginning, along Tigertail. The only thing we're removing from Tigertail is -- by Code all of the invasive trees that are running along the coral wall and preventing new growth and preventing natural and native species to be thriving in this area. We're keeping -- this is the canopy of that large oak -- that large Specimen Tree 460 that we were talking about earlier. It's important for everybody to understand that not all trees are created equal, and they are invasive, and they spread very quickly, and we would like to, as landscape architects and designers, make sure that we are doing the right thing for this project; the best thing that we can do with the trees that are existing, and the trees that are being proposed. A lot of the trees that are on-site that are being documented may seem really big on numbers on paper, but this is the reality of what a lot of those trees are looking like in this property, and it is our job and our duty to make sure that we save these trees and we bring them back up to what they need to be. So how do we do that? We do that by introducing native species to the area. These are some of the pictures of the trees that we are bringing back; trees that are very scarce around the City, slash pines, thimble nimbles, which are great for this type of environment; pigeon plums which are desirable, they're beautiful to look at, and they enhance the natural environment; same thing with understory trees, such as the ones you are seeing on the screen right now. This is a proposed landscape plan. It is very detailed. It clearly shows all the trees that we're preserving, especially on that historic preservation area along Bayshore Drive. The heavy buffer that we're doing all around the site for -- to prevent any -- to integrate with the neighboring properties, to integrate with both Tigertail Avenue and Bayshore Drive, there's around 212 species that are going to be introduced to integrate and enhance this property. And we would like to end with a rendering of what this is -- of what the final product would look like. I'd just like to mention also that for the existing trees, there's going to be 46 trees that are going to be preserved; the majority of them being specimen trees. There's going to be 197 trees put in this site, when we started with 164. This truly tells the story of how we worked together as a team with staff to keep the majority of the specimen trees on-site. We designed a landscape that adds more native trees and healthy trees into the property, and we know that with the proper City of Miami Page 178 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 maintenance and proper care, this site will continue to grow and thrive for many years to come. I know this was short. Thank you so much for your time. Mr. Wasserman: Thank you, Elizabeth. Mr. Bailine: Elizabeth, Elizabeth, Elizabeth, thank you. Thank you so much for your thorough, detailed plan; and Rich, as well. And if I could, Chairman Hardemon, just for about -- you know -- 90 seconds more; is that okay, or am I done for this evening? Chair Hardemon: No. I'll give you the 90 minutes that you requested, but I will let you know another ten minutes expired. Mr. Bailine: No, no; 90 seconds, 90 seconds. Chair Hardemon: No, I understand, I understand. I heard you. It's before midnight though. If we push it a little longer, the City Clerk will need a little break to make some adjustments. But you're recognized, Mr. Bailine. Mr. Bailine: Thank you so much. So 90 seconds and you can time me and cut me off, just like my wife and children do. So we know you've had a very long day. We've had a couple HEP Board hearings. We've been before you, and we requested a deferral, and then we requested a deferral last month. And I was up at 6:15 this morning and drinking coffee and watching TV and reading the recommendations of your professional staff, and wasn't really focused on the fact we'd be here till midnight tonight, but we're certainly prepared, because this is important. And what's important is the preservation of these assets; the trees, what Rich has done, what Witkin has done, what Andy and Elizabeth have done. And we've heard a lot today. We've heard a lot of comments in favor. We've heard a lot of comments about other issues in the future. And, you know, I hate to go a little bit off topic for a few minutes, but, you know, my grandparents grew up in Boston, and I go up and see the baseball games, and the Red Sox were always losers for many, many years. And I feel that, you know, from your staff's perspective, from Francisco's perspective, Warren's perspective, we have a strong recommendation this evening -- two recommendations this evening of your support. I know, Commissioner Reyes, you earlier -- you know, you voiced your concerns on our appeal. Commissioner Díaz de la Portilla, I have no idea what you're thinking. You and I have met once or twice, but I'm not sure. Commissioner Russell I've spoken to a bunch of times. Commissioner Hardemon, I respect you and I've spoken to you. You know, your staff is supporting us this evening, you know. And to go back to my Boston Red Sox, you know, we didn't win the World Series for a bunch of years. And this is the first step. I'm on home plate tonight. Carrollton's on home plate tonight, and we have a runner on first, and we're down by two runs. And we're just trying to get to the next step. We know that we have a lot of stuff to do to collaborate with our neighbors, to figure out what's the right thing to do for the community, even though we have approved traffic studies and what have you, and Planning's behind us. I'm hoping we can get your support this evening for the preservation and the trees. There's a lot of noise about traffic and other stuff. I believe in my heart of hearts -- I've worked with the Carrollton folks for over 15 years. We've built buildings on other campuses. We've encountered opposition from neighbors and adjacent property owners, and it's always worked out well. And if I can go back -- I think today is Thursday. So the last time I spoke to Commissioner Russell was on Tuesday, and I told him, "Commissioner, I can think of 15 to 20" -- and Commissioner, quote me if I'm wrong. "I can think of a bunch of things we can do to work with the community in the future on this project to get it to where it's a collaborative and a truly harmonious situation." But tonight we're here about the preservation that Rich Heisenbottle and that Andy Witkin and our team has done. And all that I can ask is that you do two things; just two. Number one: It's Thursday night, almost Friday morning. So get me to Monday morning where I can start that City of Miami Page 179 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 dialogue again with the community. And number two, if Commissioner Reyes and Commissioner Russell and Commissioner Díaz de la Portilla, and Commissioner Hardemon, if we're trying to figure out something in the future on our next application and you all are being reasonable, and Carrollton, who has a long track record of not -- of being tremendous, if they're pushing back, guess what? I'll step aside. I'll resign. Let someone else represent them. I'm just asking you to help us get to second base tonight. We have a lot of work to do, and in my heart of hearts -- and I have never, ever gone this distance for a client, but I know these people, I believe in them. And by the way, I happen to be a pretty observant Jewish guy. I'm not Catholic. I respect them. I love them. All I'm asking you to do is to vote on the merits of the application tonight. It may be appealed; it may not be. But guess what? Starting Monday morning, I will be the guy that calls Lowell Kuvin and the attorneys for all of the folks in the Grove to try and work out some type of cooperative agreement. But tonight, we're here on preservation, which Rich is amazing, and his team, and trees. And I'll answer, and we'll answer any questions you have. But all we're asking tonight is to get us to the next step. Chair Hardemon: Thank you very much, Mr. Bailine. Mr. Bailine: Thank you very much. Chair Hardemon: You know, you need to -- you need your minute or so. Todd B. Hannon (City Clerk): Yes, sir, Chair. Give us about two minutes, sir. Chair Hardemon: Yes, sir. Alright, everyone. We're back on the record. Okay. So does that conclude your presentation? Mr. Bailine: It does. It does. And we are -- we'll be happy to answer any questions you have, you know, regarding the staff recommendations and anything that you -- you know -- for example, that you may have heard earlier today that we're asking for 500 students. We're not. That we're asking in the future to increase grade levels. We're not. But again, we're here this evening. I know it's a very, very late night. I appreciate you've indulged us. We're here on the preservation that Rich and his team have done, and the trees that the Witkin Hults folks have done. So I -- you know, the answer -- I guess that's a lawyerly long-winded way of answering, Commissioner -- Chairman. No, we don't have anything else. Chair Hardemon: Okay. Just a response from Preservation, Mr. Adams. I had an opportunity to read the recommendation from the Preservation Office, but can you explain it to us on the record, please? Warren Adams: Good afternoon. I'm Warren Adams, Preservation Officer. The proposed development follows the requirements of the Historic Designation Report. And the Designation Report recommends that any new development be to the rear of the existing historic building (UNINTELLIGIBLE) of the historic building, and that is what we've done. And they have not asked for any waivers for any requirements. The proposed development is within the zoning requirements, and the architectural style is appropriate for the existing building. I do not believe that the new school to the rear of the building is going to dominate the historic structure. And really, the new auditorium and the swimming pool on the lot to the left really falls outside Chapter 23, because that is not part of the historically designated site. The whole site, however, does fall under the purview of Chapter 17, and Chapter 17 basically holds the requirements for protection of the bluff, protection of the coral rock walls, protection of the tree canopy. And we followed the advice from Environmental Resources regarding the proposal for the trees, and we follow then the proposal to actually build the viewing deck over the bluff actually does protect the bluff. So from City of Miami Page 180 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 our point of view, the proposed development did meet the requirements of the Designation Report, the historically designated idea, the archeological requirements, and the requirements of Chapter 17. And as was mentioned, there are certain conditions with the -- akin with the recommendations of staff and -- but they were not read into the record at the time, because the vote was -- the request was actually denied. But there are a list of conditions that we would want to see mentioned if it would be granted. Chair Hardemon: And that -- the list of conditions that you would want granted if this appeal was granted, is that included in the record? Mr. Adams: They are included in the staff analysis which are part of the record. Chair Hardemon: Thank you, sir. Vice Chair Russell: Ready for discussion, questions? Chair Hardemon: Discussion. Vice Chair Russell: Yes, Mr. Chairman. Chair Hardemon: You're recognized, Mr. Vice Chairman. Vice Chair Russell: Thank you very much. And while we have Warren, I guess I'll start with the bluff, if Warren is still on, please. My question is with regard to Chapter 17, protection of the scenic corridor. If we're to be protecting the bluff and visual access to the bluff, does not a pool covering that bluff affect its visibility from the scenic corridor, as if you're driving down Bayshore looking at the bluff? Is it enough for them to place a deck covering over that bluff with a viewing angle from above so that only the people that are on the property -- the students, for example -- are able to look down into a hole and see the bluff; or is the protection of the bluff and the visibility of the bluff meant to be from the scenic corridor? I'm looking for some interpretation here, because it seems like a pretty narrow definition of protecting the bluff and viewing the bluff by covering it with a deck and putting a hole down into it. Could I get a little help there? Mr. Adams: I believe that the Designation Report states that the bluff should be protected. And certainly, in front of the historic building, the bluff will still be viewable. And I think you have Bob Carr, the archeologist, suggest that the bluff at -- where the pool is proposed is actually being covered up with debris from possibly prior buildings on the site. So the bluff is still going to be visible in front of the historic building; although I do concede it will not be visible where the proposed pool and deck is meant to be going. It will not be visible from the right-of-way at that point. Vice Chair Russell: My other question on the bluff is with regard to whether or not -- let's say it has been covered over by debris. Is there a responsibility to clear that debris so the bluff is visible? And does it matter whether or not the rock of the bluff is visible, or if the mound itself, the geographic structure of the bluff is what's visible? Because right now, in the area where the pool is, I don't believe we see the exposed rock bluff, but we see the grassy knoll, as Mr. Heisenbottle called it, that is the bluff. So is that meant to be protected? And I guess your interpretation of "protected" is that it's not being demolished; it's being encased by the deck and the pool, but you can see it from above. Can you --? Mr. Adams: My interpretation is that it does not appear to be being damaged by the proposed new development, so it technically is being protected. One possibility would City of Miami Page 181 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 be to remove the debris from it. But obviously, the swimming pool and the deck would still obscure its view from Bayshore at that point. Vice Chair Russell: Got it. So I think it's just about an interpretation of the words, "protection of the bluff" and "viewing of the viewing corridor." So I understand. Thank you. I appreciate that, Warren. Regarding the preservation of the actual Woodbine Villa structure, itself, I have a lot of respect for what Mr. Heisenbottle has done, and I do recognize that it is not in the greatest of conditions. I've never been in there, but the photos I've seen and the condition I've read express that. So, you know, I certainly have a lot of respect for what Carrollton has done with El Jardin, and certainly what Mr. Heisenbottle has proposed here for the historic structure itself. I do recognize also that we are not working with Chapter 23 outside of that centerline corridor of the property. Those two lanes of the property actually are not in the Historic Preservation Section, but are protected by Chapter 17, and that's why I had those questions about the bluff. The other main issue we're dealing with today is trees; and so, I have some questions about trees, because the question is -- the first question is, who will speak for the trees, I mean, if not us? And obviously, the neighbors don't have intervenor status. I'm sure they would have challenged a lot of that based on what they lobbied me on. I've done my own analysis of just looking at the chart of tree mitigation; more so that than the chart of landscaping plan. That plan is a -- it looks very lush and very green, the landscaping plan, but there are trees on there right now, and I heard -- it was very rapid-paced, but I heard all of the statistics of how the -- what's going to happen with the existing trees that are there now. So I could use a little help either from Quatisha in our department, or from the presenter from the appellant's side with regard to the tree mitigation plan to answer a couple questions here. The first is that -- Mr. Bailine: Elizabeth, Elizabeth, can you jump in just because you're so close, and to the extent Quatisha has some questions, let her? But since we're the ones that are proposing this, if you could like take the lead with Commissioner Russell, that would be great. And if he has further questions, then Quatisha can jump in. Ms. Van Dillewijn: Absolutely. Vice Chair Russell: Thank you. So I understand with regard to prohibited trees, they don't present a concern to me. I know that over 50 of them are being removed, and that's to be expected with any development that would happen there. But the trees that are being removed -- not relocated or replaced -- I mean relocated or preserved, but actually just being removed -- is 64 trees is my understanding, and that's a lot. That is a lot. So we need to go into it and look at what those trees are. You made a statement that none -- if I heard you correctly -- of the specimen trees along Tigertail are being removed; is that correct? Ms. Van Dillewijn: That is correct. The specimen trees along Bayshore Drive are being protected. Vice Chair Russell: Oh, Bayshore Drive. Okay. So I -- what about Tigertail? Ms. Van Dillewijn: On Tigertail, we are -- the majority of the ones on Tigertail are invasive species and fruit trees. There are -- Vice Chair Russell: I'd like to challenge that for a second, because if you look at the chart, there's a lot of red circles. And the purple circles are the fruit trees and the prohibited circles are the orange trees. But there are a lot of red trees being removed on Tigertail, and if I look at some of the sizes of those, they're pretty significant. And you had mentioned also that only -- I think you said two specimen trees in good or fair condition are being removed in the entire project; is that correct? City of Miami Page 182 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Ms. Van Dillewijn: Fruit trees. Out of the 26 fruit trees that are there, two of them are in good condition; all the rest of them are in poor and fair condition. Therefore, we're proposing to remove and mitigate for them. Mr. Bailine: And, Commissioner -- Vice Chair Russell: Yeah. Mr. Bailine: -- I'm not trying to confuse the conversation, but we also have Lisa Hammer as our arborist who really did the evaluations on a lot of the trees -- or all of the trees in poor condition -- and if the -- if you were okay with it and the City Clerk could promote her, she could answer possibly some questions that Elizabeth may not be able to answer, only because Lisa did the initial evaluations of a number of those trees that are being removed/replaced. And I -- so I'm not trying to play arborist. Vice Chair Russell: I'm don't need a full explanation for each tree. Mr. Bailine: But I'm just trying to offer another resource for you. Vice Chair Russell: Thank you. I have the chart, and the chart says which trees are good and which trees are poor. Mr. Bailine: Okay. Vice Chair Russell: And just -- Mr. Bailine: Just offering another resource. Vice Chair Russell: -- I'll just pull out three trees alone so that it's 695, 06 and 461. Those are three mango trees. All would be considered specimens over 18 inches. One's 42 inches, but the two mangos are 25 feet and 28 feet, and all of them are listed in the "good" category if I'm not mistaken. Ms. Van Dillewijn: Commissioner, if I may say -- and Quatisha, please correct me if I'm wrong -- but fruit trees, even if they are over 18 inches, they're not considered specimen trees. Vice Chair Russell: I just said that. Yeah, I agree with you. Ms. Van Dillewijn: Mm-hmm. Vice Chair Russell: A fruit tree is not necessarily a specimen tree. And a specimen tree doesn't mean you're not allowed to remove it. Ms. Van Dillewijn: Right. Vice Chair Russell: A specimen tree simply means it gets a higher level of scrutiny and more attention is given to trying to preserve the tree -- Ms. Van Dillewijn: Right. Vice Chair Russell: -- rather than remove it. Can you build around it or do you need to move it? And, yes, it's true, fruit trees don't fall into that category. But Tree Number 690, for example, is a 42-inch mango tree. If you can picture what a 42-inch tree is, and it's -- that's just the diameter, not the circumference -- the diameter. That is a tree that size -- the age of a tree like that, I can't even imagine. And most of those mango trees are being removed for the parking lot, it seems, because that -- most of City of Miami Page 183 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 those purple that are pictured are -- and what was explained to me in my briefing on this issue is that they're being removed because kids may have an allergy to mangos, and I just hadn't seen that, definitely not in our Code, but I didn't know if that was a school policy or if there's an actual danger or risk to kids, but we're removing, you know, 25 mango trees, and many of very significant size, to make this a school so that kids who might be allergic to mango aren't exposed to a mango tree. I really didn't know that was an issue, but -- Mr. Bailine: Commissioner -- Ms. Van Dillewijn: Well, the -- Mr. Bailine: -- before Elizabeth jumps in, Commissioner, I'm -- you know, this is a little bit off topic, and I'll just take 30 seconds. I've been working with both as a parent and a legal representative on a couple other -- you know -- school expansions. And believe it or not, what you just mentioned -- you know -- arborists have suggested, because of whether it's a peanut allergy or food allergy of children, we have gone that route in other school expansions, and I'm happy to give you examples of it, because of that same exact issue. But I -- but Elizabeth here is the expert, so I'll be quiet. Chair Hardemon: I have a quick question. I want you to help me understand this, the whole fruit tree thing. So fruit trees can be removed without any issue? I don't want to over -- Ms. Van Dillewijn: You have to mitigate for them. You have to -- you remove, but you have to mitigate. Even though they're not counted as specimen trees, you have to mitigate. Chair Hardemon: And by "mitigate," do you mean replace it with a tree that is similar? Ms. Van Dillewijn: So in this case, what we're doing -- and part of the whole concept of the design of this, and really focusing on the preservation and enhancement of Coconut Grove, the idea that we came in with very strongly was, if we're going to remove a tree of that size, and we need to make sure that we're replacing for something that we know is going to be enhancing the natural community in this, and there's -- all of our trees that we're proposing for this project are native to the area, and that's the main goal. And, Commissioner Russell, just to go back to you, when we walked the site, I mean, we went -- I want to say like weeks to the site to see what was there, and to do our jobs as landscape architects. And for us, the best thing to do is to keep as many trees as possible, because it just makes sense, right? And we -- from the beginning, we talked about how we were going to preserve and fill in the gaps where it needed to be so that this could look like a project that had thought into it. Along Tigertail, the issue with it is that, yes, they're really big trees, but all of them are intertwined, and they're growing out of the wall, and they are almost -- you know, some of them are really leaning onto the street. And so, we went one by one with Lisa, and we photographed and we looked at the arborist's report, and we went back and forth, back and forth on how we can remove some of those that were in bad condition and keep the really healthy ones, the native ones, like the gumbos that -- even though they're on the wall, we know they're strong enough to stay there -- and how can we complement with new plantings in the right place at the right distance. So a lot of thinking went into replacing what is not supposed to be in there with the right plant material. Vice Chair Russell: Understood, but when you -- City of Miami Page 184 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Mr. Bailine: And Commissioner -- Vice Chair Russell: -- did the initial survey -- Mr. Bailine: -- I think -- you know, as far as I know -- and Elizabeth, correct me if I'm wrong -- Quatisha has been involved in this process for quite some time, and to the extent she can be -- you know -- a voice of -- you know -- understanding why some of the decisions were made, perhaps it's helpful to hear her perspective on behalf of the City. Vice Chair Russell: Well, and she's here. And I'll ask her some questions, because I - - but first, for Elizabeth. When you do that initial survey and it takes you all that time, you're not -- if I understand correctly, you're not simply walking the property, seeing what's healthy, what's not, what can be preserved, what's not; you're doing it in the context of a building plan and design to see what fits with that, as well, right? So there is an effort if a building is to go in this area to either relocate or remove trees that'll interfere with that building; same thing with a parking lot or an entrance, or the flow. So I understand what you've done. You've tried to preserve what you can that is in context with what you're trying to build, and then mitigate by planting new. And I think you all have done as good an effort as you can with what you're trying to do here. If you're trying to remove all the mango trees, because you don't want kids to have them -- you know -- you've done that. There's 25 mango trees going away. But, you know, a mitigation tree is a four-inch tree. So this is something to think about. Non-fruit trees that are specimens -- that's anything over 18 inch -- that's meant to have additional protection from our department and from your development side, there are 11 specimen trees being removed; not relocated, but removed, that are not fruit trees, that are meant to have additional protection. And so, that's a lot. These are big old trees. And so, the question then before is, then is despite your very responsible efforts to mitigate and make it aesthetically pleasing, is this the right project for this property if it causes that much removal of that much specimen? You know, a four-inch tree, no matter how many you plant, will never create -- recreate within our lifetimes the character of what's lost from 11 specimen trees on the property. So that's just -- I have some concerns on the trees. I -- it seems that the -- by the Code and the letter, and the number -- you meet -- actually, you're insufficient to the on-site mitigation using the four-inch trees; and so, you're having to pay an additional amount into the Tree Trust Fund, which is also legal by the Code; is that correct? Ms. Van Dillewijn: Correct, yes. Vice Chair Russell: Okay. Ms. Van Dillewijn: We will -- the idea with -- for the Tree Trust Fund is so that the money gets put in so that the City -- and as we decide where these trees can be planted within the community, where they could very well -- thrive. And one of the things I would like to mention, if I may, is when we first started doing this project and we started to hear the opposition -- and we clearly understand that -- why wouldn't you, if you're taking out 100 DBH, why aren't you putting back 100 DBH? And it's very easy for us to get a plan and put in, and jam in there 180 trees, because we could potentially do that, and that's not responsible. One of the things that we really looked into was the specimen trees that we've seen and that we actually went and looked at each one, and took pictures of, and they're huge. And you're right; they're probably 100, 90 years old. But the condition that they're in is terrible. It's -- you know -- Vice Chair Russell: Well, let me stop you there, because -- Ms. Van Dillewijn: Uh-huh. City of Miami Page 185 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Vice Chair Russell: -- the ones I want to concentrate on is 430, 50-foot tamarind tree that's in fair to good condition. Ms. Van Dillewijn: Yes. Vice Chair Russell: 450 is a 50-foot tamarind tree in good condition. These are very big trees. And that gives me some pause, because I see that they're in the way of the building footprint that you want to do. And so, they've just got to go. So that's -- it's concerning that those weren't built around and the plan wasn't altered to go around them. So I -- Mr. Bailine: And, Commissioner, there were so many specimen trees -- and I don't mean to speak for Rich, because he's right there and ready to go -- there were so many trees -- particularly, Tree 460 -- that we designed the entire campus, if you will -- Rich, I don't mean to take credit -- Rich designed the entire campus around trees that there were, yes, some specimen trees that we weren't able to responsibly relocate on-site. We followed the City's rules and regulations. If you're asking us to, you know, take a look at one or two more as like a condition of approval or whatever, or relocate them in a specific area, i.e., Kennedy Park or something close by, listen, I'm happy to have Elizabeth or Rich -- and we haven't even talked about this, but I'm just going to throw it on the floor tonight -- yeah, we can take a look at putting them in a close-by area, because they are big trees. But, you know, I can speak for Rich, but, of course, Rich could speak for himself. He did his darndest -- if that's a word -- to design the campus with minimal impact to these. So, Rich, please, I'd -- or Commissioner, you know -- Vice Chair Russell: It's not necessary. It's -- I get what you're saying. Ms. Van Dillewijn: So let me jump in. Just because she really truly is the arborist, and she just wants us -- a couple of things to say, that I think it's important that we give her a voice on this. Is there any way that she can jump in really quickly? Vice Chair Russell: Of course. But I just want to say, the reason I brought this up and shined a light on this is that when you made your presentation -- Ms. Van Dillewijn: Yes. Vice Chair Russell: -- it's almost like a marketing brochure for the good side of what you're doing. But we really need to see the good, bad, and the ugly. And there's no opposing side here that's shining a light on the down side of this, and there is one, and it may be still worthy of accepting the appeal, but nobody's showing us that side; that those 11 specimen trees are not being relocated and they're not being built around; they're being simply killed. Commissioner Díaz de la Portilla: Well, Commissioner -- Mr. Bailine: You need to listen to -- Commissioner Díaz de la Portilla: Commissioner -- I'm sorry. I'm sorry. Mr. Chair, don't we have staff that could serve as a counterpoint? If Commissioner Russell has a concern about an opposing side, if staff is recommending it, then why don't we get our tree expert to come on and give us her perspective? Vice Chair Russell: This is where I've gotten all of these details. Mr. Heisenbottle: And we did work (INAUDIBLE) with staff. City of Miami Page 186 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Vice Chair Russell: I've got them from staff. Commissioner Díaz de la Portilla: Well, but I want to hear them. Maybe you've got them, but I haven't. So if it's a different point of view, I want to hear it from our staff. If our staff is recommending this, that we vote a certain way, then I want to hear staff's reasoning for that; not the appellant. Mr. Bailine: And if we could -- and I apologize, Commissioner Díaz de la Portilla -- and if there's a nearby location that makes sense that, you know, Elizabeth and Lisa Hammer, that we can, you know, take those trees and keep them alive, we're certainly willing to do that. In the grand scheme of things -- Commissioner Díaz de la Portilla: Oh, no. I mean -- Mr. Chair? Mr. Bailine: -- that is -- Commissioner Díaz de la Portilla: Mr. Chair, if I may? Because I think we need to stick to -- go point by point -- right? -- till we get there at the end of -- we need to get there. If Commissioner Russell is alleging some things, I think I want -- and I don't want to hear from the appellant. I want to hear from our staff; what their perspective is to what Commissioner Russell is saying so I get the right information. I think information is important to make informed decisions, right? So, Mr. Chair, is our City Manager on? Is Quatisha on? I guess that's the person that we need to hear from. Unidentified Speaker: She's right here. Ms. Van Dillewijn: Quatisha's there. Commissioner Díaz de la Portilla: Yes. Let me hear from her to what Commissioner Russell is saying; through you, Mr. Chair, of course. Quatisha Oguntoyinbo-Rashad: Good evening -- good morning, Commissioners, everyone. Commissioner Díaz de la Portilla: Good morning. Ms. Oguntoyinbo-Rashad: Quatisha Oguntoyinbo-Rashad, City of Miami Planning Department, Chief of Environmental Resources. So I have had the pleasure of working with the applicants on this project, and it's a very ambitious project, and we, of course, were very concerned about the impacts to existing tree canopy, as we are when we are reviewing all projects when it comes to preserving our natural resources. What we see here, what was presented today does show a number of trees being impacted. However, the trees that are being impacted, we feel -- I feel, especially from a professional standpoint that these are trees that, based on their condition of being in fair to poor condition, their location; their location, where they would be upon development, is not the most favorable location for them to be. The landscape plan that you see before you, we have worked with the applicants, and we feel it is almost the best outcome, the most favorable and practical landscape plan; a sustainable plan that you would want for the type of -- the scope of work or the type of structure and activity that would take place on a Carrollton site; meaning that you do not want to over-plant. You do want to provide enough space, green space, for those trees to thrive. There are trees that are in buildable areas that we worked hard with the applicants to try to have them re-design to the best extent possible. Some of those efforts were explored and they were successful; some not so successful. When it comes to the fruit trees, there are significant-sized trees. I believe there's even one mango tree in good condition. We tried our best again to transplant and preserve as much as we possibly can, definitely, depending on the species. When it comes to fruit City of Miami Page 187 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 trees, it's not the most favorable or ideal situation to transplant fruit trees, especially if they are in fair or poor condition. The risks start to outweigh the benefits, so we look at what the canopy replacement will be. And if it is a better course to replace them with native, viable, sustainable trees, and would offer more of a benefit to the City of Miami, then that is the route that we would take, and that is what was done here. Commissioner Díaz de la Portilla: So you think they're offering -- the appellant is offering a better course? Ms. Oguntoyinbo-Rashad: Than to preserve trees that are in fair or poor -- Commissioner Díaz de la Portilla: That are in fair or poor condition. And so, the better course is to do what the appellant is doing, rather than try to preserve trees that are in fair to poor condition that would probably not survive? Ms. Oguntoyinbo-Rashad: Correct. Commissioner Díaz de la Portilla: I'm sorry I interrupted you. Continue. Ms. Oguntoyinbo-Rashad: That was the premise, and the majority of -- not the majority, but almost a significant amount of trees are prohibited species, while they may seem large, and provide and extensive canopy, we do want to encourage the removal of those and replace them with native trees, as well. Commissioner Díaz de la Portilla: So Commissioner Russell spoke -- how many did you say, Commissioner Russell, of trees that were being removed? What was the number you gave? Vice Chair Russell: So there's 11 specimens that are being removed. Commissioner Díaz de la Portilla: How many total trees, though, are you -- ? Vice Chair Russell: Total trees is 60, I believe. Commissioner Díaz de la Portilla: You gave us a number. Vice Chair Russell: 64 trees, excluding the 54 prohibited ones, there's 64 trees being removed. Commissioner Díaz de la Portilla: Talk to me about those 64 trees, Quatisha, please. Ms. Oguntoyinbo-Rashad: So the 64 trees is a mixture of fruit trees, a mixture of -- you have some natives. All of the -- there aren't any native trees that are in good condition that are being removed. Commissioner Díaz de la Portilla: Okay. Ms. Oguntoyinbo-Rashad: They are -- they range from a size two inches in diameter up until 30 or 40 inches. Commissioner Díaz de la Portilla: Two inches; two inches in diameter? Ms. Oguntoyinbo-Rashad: Yeah, two inches in diameter up to 30 or 40 inches in diameter. And if they are in good condition, the best effort is made to relocate those. If it's impractical to relocate them, then we would remove them and replace them, but none of those are specimen trees. None of those are of significant size or we would feel -- in our professional opinion is of significant value worth preserving. So that City of Miami Page 188 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 means they're pretty much in poor condition and on a decline where there aren't mitigation efforts that can be done to bring them to more of a viable state. Commissioner Díaz de la Portilla: Talk to me about the 11 specimen trees that Commissioner Russell referred to. Ms. Oguntoyinbo-Rashad: Yes. So those 11 specimen trees -- I want to get the exact for you. So the -- there are -- again, as I said, there aren't any in good condition. Commissioner Díaz de la Portilla: There aren't any. Ms. Oguntoyinbo-Rashad: There are -- Commissioner Díaz de la Portilla: There are no 11 specimen trees, right? Ms. Oguntoyinbo-Rashad: -- no specimen trees that are in good condition being proposed for removal. Commissioner Díaz de la Portilla: So the 11 that Commissioner Russell referred to are in fair to poor condition? Ms. Oguntoyinbo-Rashad: They are in fair to poor condition. They are of significant size, but they are in poor to fair -- I'm sorry, fair to poor condition. So you have -- mm-hmm. Commissioner Díaz de la Portilla: Continue. I'm sorry. Ms. Oguntoyinbo-Rashad: Okay. So of those 11, about seven of those are specifically in poor condition. You have live oaks, two fichus trees and two other hardwood trees, and royal Poinciana that are in poor condition. You do have two live oaks that are in fair to poor condition, but they're grafted together along -- close to the wall where it's not favorable to preserve those trees, based on its condition and its location. And then you have one in fair condition, which is a fichus, a native fichus, which is like 38 inches in diameter. This one is in the building footprint. So it was a challenge or not practical to redesign around that particular fichus. And when it comes to relocating those, it's even more of a challenge to relocate fichus trees. So the last resort was removal and replacement. Commissioner Díaz de la Portilla: So tell me -- Vice Chair Russell: Quatisha, if there were a -- Commissioner Díaz de la Portilla: -- well, if I may finish, Commissioner Russell. Vice Chair Russell: I believe I was actually the one that was originally talking. Commissioner Díaz de la Portilla: But I was recognized, I believe, by Chairman Hardemon, if you want to ask him. I called her -- Vice Chair Russell: That's fine. That's fine. Commissioner Díaz de la Portilla: -- I called Quatisha to come to ask some questions to rebut some of the arguments you were making, or at least to get the other side of the story. If you'd like to go ahead, I can come back. Vice Chair Russell: I have a very specific question on what she just said, so before we get beyond that, I wanted to make sure we don't get lost. So go ahead, please. City of Miami Page 189 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Díaz de la Portilla: So explain to me, Quatisha, in laymen's terms what it means for a tree's life span when you say it's "fair to poor condition." What does that mean for people that don't understand the world you live in. Ms. Oguntoyinbo-Rashad: So when we say a tree is in fair to poor condition, that typically meant that it's on decline, it's on -- it's an older age, and it's in decline. There are most likely defects. There's decay, there's no canopy, there's very scarce canopy, there's been some damage to it. And so, there's a risk that it either may fail soon, or there are some mitigation or some corrective efforts that should be made to bring it back to life, or bring it back to a healthier state; if not, it's just on a decline. It's almost -- it's at its mature rate, it's at its mature age, and it's in decline. Commissioner Díaz de la Portilla: Okay. Ms. Oguntoyinbo-Rashad: That's fair to poor. Commissioner Díaz de la Portilla: Okay. Commissioner Russell, do you want to go ahead? Mr. Chair, I would like to come back if we can to -- Vice Chair Russell: Thank you. Commissioner Díaz de la Portilla: -- Quatisha and maybe ask her some other questions. Vice Chair Russell: So Quatisha, if there were a fair 22-inch oak tree next to a wall on a single-family property -- let's say a 5,000-square-foot lot in the Grove -- and a developer wanted to come in and build a large building there, but that 22-inch, fair condition oak tree -- not in the building footprint, but in the -- next to a wall -- would - - the canopy would be interrupted by their second floor. Would you allow them to remove that tree? Ms. Oguntoyinbo-Rashad: If the canopy is going to be removed by that second floor, if the structure cannot be redesigned, of course, our first effort is going to have it to be with -- to remain in its location. Vice Chair Russell: Even if it affects their building design or whatever? Ms. Oguntoyinbo-Rashad: Right. So by virtue of exploring the effort -- or making the effort to preserve the tree, that means we will consider and see how the building or the proposed development can be redesigned to adequately preserve that tree; meaning there wouldn't be any canopy loss. That's the first effort we would explore. So if that -- Vice Chair Russell: The reason I'm bringing it up is, I'm wondering if we're looking at this property in the same way we would, just because that tree in the picture of the totality of this entire landscaping plan isn't as crucial, is it -- are we willing to give up some of these specimen trees that we would otherwise force the developer to keep, because the totality of this plan, this design does have so much other additional plantings and tree preservation, and things like that, because I see we're doing a bit of a balancing act. There's a lot of good in what they're planting, but I don't want to lose sight of what we're allowing that we might not otherwise allow on a single-family lot, for example, if it was just that one tree, one lot kind of thing. Is that a fair assessment? Ms. Oguntoyinbo-Rashad: Yes. Yes, that's fair, and we also want to take into consideration, you know, the use of that space, and the frequency of the space to City of Miami Page 190 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 ensure that not only were we preserving the tree, but we would make sure that there is a safety component there, and that it remains safe. Vice Chair Russell: Thank you very much. That's all I had on the trees. And before we move on to the other Commissioners' questions, I'd just like to wrap up, and I'll be done asking questions or speaking if that's okay, Mr. Chairman. Thank you very much, Quatisha. And thank you, Elizabeth. I appreciate that. The -- we were told, both by staff and by the appellants that nothing within this HEP Board appeal can have to do with traffic, and I just wanted to put on the record some questions I have about that, because there was an interpretation given by our Legal Department about two ordinances passed by this City Commission -- one in 1988 and one in 1999 -- on this property, the actual designations of this property. And Ordinance Number 11870 -- no, I'm sorry -- 10494, in 1988, specifically says in Section 2, "It is hereby found that this zoning classification change" -- and it gives a list. And Item "G" says, "Will not create or excessively increase traffic congestion." And the interpretation I received from the Law Department is that, yes, these ordinances stand, but they do not apply to this appeal or a prospective application for a new use on the structure, or historic preservation certificates, because this was a snapshot of a moment in time of when this ordinance was passed that the designation at that time would not create or excessively increase traffic. But the verb in the Section 2, Letter "G" is, "Will not create traffic." It didn't say, "This zoning classification's found that it does not create in this moment." It says, "will not create"; meaning that if we designate this, this -- what happens on this property will not create excessively increased traffic. So to me, that implies that it's been preserved based on the fact that it will not create excessively increased traffic. So it seems that maybe we should be able to say that the Certificate of Appropriateness, the Certificate of Approval could have to do with these original designations, because in 1999, Ordinance 11876 says, in Section 2(H) the exact same thing; "Hereby found that this zoning classification change will not create or excessively increase traffic." But we're not going into that at all in this presentation or in the staff recommendation. And so, that concerns me a little, because I -- it feels to me that we should be considering these original ordinances. And then finally, it's -- I know that staff does recommend this, and it says that in our agenda. It says, "Findings: Planning Department recommended approval." But then when it has the finding for the HEP Board, there's some verbiage here that I'm -- I just don't think we should write it this way when we create our agendas, because it doesn't say that there was a denial. It says, "Motion to approve resulted in a tie vote of 4 to 4. I don't think we have ties in our City Commission votes or in our lower boards. A tie is a denial. And so, what it should say on our agenda is that the finding of the Historic Preservation Board was a denial. It can show us the vote. And I like to always go back and look, and sometimes, even call a board member to say, "Hey, why did you vote this way? What were you thinking about?" Mr. Bailine: But Ken -- Chair Hardemon: Wait, wait. Hold on, Ryan. Mr. Bailine: -- Commissioner Russell, with all due respect, the -- and I was hoping you were going to bring this up. The HEP Board at the first hearing requested some additional information, two or three items, maybe -- Unidentified Speaker: (UNINTELLIGIBLE). Mr. Bailine: -- Ethan remembers the exact ones; I don't. And we came back the next month -- and they closed the hearing, by the way. And we came back the next month with a board member that had not been there the previous. That board member -- we furnished the additional information. That board member said, "I don't really care. I'm opening this whole thing back up." City of Miami Page 191 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Vice Chair Russell: Ryan, please -- Mr. Bailine: We had a whole -- wait, wait, wat. Vice Chair Russell: -- what you're saying is relevant to what -- the point that I'm making. Mr. Bailine: No, no, it's not. Vice Chair Russell: I know what you're saying, and there's a story that got to that vote and why it was a tie. Chair Hardemon: Gentlemen, please -- Vice Chair Russell: The simple point that I'm making is very important. Chair Hardemon: Gentlemen, let me say -- Mr. Bailine: Just give me 10 more seconds; 10 more seconds. Vice Chair Russell: But what you're going off of, you're going off on an explanation of the tie. I don't need that. I'm simply asking my staff if there is such a thing as a tie vote, or if our agenda should reflect a denial of the HEP Board, because a tie vote -- just tell me if I'm wrong. Is a tie vote a denial or a tie? Do we have a tie in our -- Chair Hardemon: Francisco? Mr. Garcia: Sir, thank you. Chair Hardemon: Go ahead, Francisco. Mr. Garcia: Thank you, sir. I believe in the very next sentence, Commissioner Russell says -- if I can read the whole sentence in context. "Tie vote of 4 to 4," and then in parentheses, numeral 4-4, "constituting a denial." So, yes, we're clear that 4 - - Vice Chair Russell: It does not say that, Francisco. I'm sorry. Mr. Garcia: I'm sorry. I am reading from my summary sheet. I apologize. Vice Chair Russell: Neither PZ.1 nor 2 say, "constituting a denial." And it's just a matter of record, and it feels like by claiming it as a tie, you know, it's almost like a neutral ruling. But the ruling is a denial. And I just think it should say what it is so that we can -- we don't have to -- Chair Hardemon: But I don't know if that's true. Like, for instance -- Commissioner Díaz de la Portilla: Yeah, I don't think it's true either. Chair Hardemon: -- like we had a vote earlier today, and the vote was about the -- should we grant or deny the intervenor status? Right? And we -- I said to you, "If I vote with you, Commissioner Russell, it'll be a tie, 2 to 2, which means that the motion that was made to deny failed. Vice Chair Russell: Failed. Chair Hardemon: -- that motion fails. Right? That was a motion. City of Miami Page 192 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Vice Chair Russell: Yes. Chair Hardemon: But moreover, if you made a motion, if you did it in -- Commissioner Díaz de la Portilla: Reverse. Chair Hardemon: -- the reverse, and you said, "I move to approve it," and I voted with you, that motion would also fail. Commissioner Díaz de la Portilla: Of course. Mr. Bailine: Yeah. Chair Hardemon: Right. So that's -- and that's why I said -- and we were in this -- we would be in this position where it's kind of like limbo. Commissioner Díaz de la Portilla: Stalemate. Chair Hardemon: Yeah. You haven't made a decision. Vice Chair Russell: Right. But the end result is a fail. Right? And so, you have to call it -- in history call it a fail. Chair Hardemon: Well, if the end result is not a recommendation -- the end result to me -- it's like not a recommendation, I would imagine, from there, and it's also -- and so, the Planning Department is saying that they constitute that as a denial, and they don't recommend it. Is that what you're saying --? Mr. Bailine: Can I --? Vice Chair Russell: Right. They simple don't say the word, "denial," anywhere in -- Mr. Bailine: -- can I --? Commissioner Díaz de la Portilla: Well, but the fact of the matter is that it's 4 and 4. And I think -- Vice Chair Russell: Yeah. Mr. Bailine: -- can I say something? Commissioner Díaz de la Portilla: I'm sorry, Mr. Bailine. Mr. Chair, can I be recognized? Chair Hardemon: Please, you're recognized, sir. Commissioner Díaz de la Portilla: Thank you, sir. The fact of the matter is that it's 4 to 4. And where the -- maybe the reason why it's 4 to 4 may not matter to you, because it doesn't serve your purpose, Commissioner Russell, to -- for your argument. I would like to know the reason of why it happened, and what happened at -- in the HEP -- at the HEP Board, because I want to make an informed decision. So I have no problem with Mr. Bailine explaining to us. Vice Chair Russell: Oh, no, no, I agree with you, Commissioner. I agree with you on it. Commissioner Díaz de la Portilla: Not in a long, convoluted way, but in a short, succinct way what happened. So if you could do that, Mr. Bailine, and -- by the way, I'll stay here till 6 in the morning. I'm used to Tallahassee. I go by the Tallahassee -- City of Miami Page 193 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 I love to go by the Tallahassee, especially, at this time. I tell you, we used to go till 4 or 5 in the morning. Mr. Bailine: It's -- Commissioner Díaz de la Portilla: But I would like to know what -- Vice Chair Russell: I'm just closing, and I won't say another word. Commissioner Díaz de la Portilla: Mr. Bailine, I would like to know what happened. Mr. Bailine: It's 30 -- Vice Chair Russell: Yes. Commissioner Díaz de la Portilla: Hold on. I would like to know -- Mr. Bailine: -- seconds. Commissioner Díaz de la Portilla: Let me just finish quickly. I would like to know what happened. I want to know the history, the trajectory of how we got here. I don't want to have a debate about traffic because we're not here to have a debate about traffic. It's not intellectually honest to have a debate about traffic now. That debate can come when we have the other conversation down the line, but not now. We're here to have a different kind of debate. So talk to me about that debate, and stay on task about that. What happened at the HEP Board? Mr. Bailine: It's 30 seconds, and then I will defer to Francisco and Warren. We went back for the second hearing. They opened up the public hearing when they said they wouldn't. We did our whole presentation again. And then there was a vote, Commissioner Díaz de la Portilla. And there were no conditions suggested. There were no things suggested. There was nothing on the record. I would pose it to you, if you ask Francisco or Warren why the vote was 4 to 4. There's nothing on the record. It was 4 to 4. There was nothing negative said. There was -- we did everything we were asked. There was nothing, "Could you do this? Could you do that? Could you let --?" There was -- I think if you ask Warren, he would say to you, "There was no discussion as to why the vote was 4-4, but based on HEP Board procedure, a 4-4 vote was a denial." Commissioner Díaz de la Portilla: Okay. Vice Chair Russell: Thank you. So my only point in that, it wasn't to disparage why it was a tie or that it was a tie, but simply that a tie is a denial, and that our agendas should reflect when the HEP Board denies something. For whatever reason, we can do that discovery, and that's fair enough, but I would prefer some consistency, because I know in the past, when the HEP Board -- it says you were approved or denied. We don't really talk about ties. But it does say the score, which is fine. We always say the score, 4 to 4, and that's fine. So that just concludes my -- the questions that I had. I really appreciate all the time you spent on this, Ryan, and you're helping me understand what you all are trying to achieve with the school, because I certainly see that a lot of effort has been done here to create a thoughtful landscaping plan, a thoughtful preservation plan for the structure, and a thoughtful plan for the corridor, so thank you. Chair Hardemon: You know, and I -- City of Miami Page 194 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Mr. Bailine: And, Commissioner, without cutting off the Chairman, which I think I just did -- I apologize -- I appreciate all the time you've spent with us over the last few weeks, and I just hope we have the opportunity to continue this conversation over the next several months. I'm done. Chair Hardemon: One of things I want us all to remember, too, especially when it comes to boards and motions and such is that a motion can be changed ever so slightly, and it changes the result of whatever you're considering. So, for instance, of the -- that mention that went 4 to 4 might have been a tie, which they constitute as a denial, but someone could have very easily on that board modified this motion, and it could have been a tree or two difference, and it's a different motion, and that could pass, you know. So whether or not someone actually goes and makes that attempt is another thing. But essentially, that's why I kind of don't look at it as a 4 to 4 essentially, as just a denial. I mean, it's just -- the fact that you just finished the agenda, and we're not going to hold you on that, you know, that lower board. But motions are funny creatures of our imagination. Mr. Bailine: Thank you. Chair Hardemon: So here we are. Is there any further discussion on this issue? Commissioner. Ms. Méndez: If I may, on the legal opinion that the Vice Chairman brought up, if I just could clarify. These items that occurred under 11000 and also 9500, they were both zoning issues; they weren't HEP issues. So I did tell the Vice Chairman, though, that I was going to have a frank conversation with the Planning and Zoning Departments to see if there were -- if there are any of those zoning requirements that may still be part of our Miami 21 Ordinance when the exception comes around, but for purposes of this item, they don't have any significance. So I just wanted to place that for the record. Then with regards to traffic, I did want to clarify that traffic, again, is something that's super important to discuss at the exception portion of this hearing when this comes -- if it comes back for an exception, that's when that would be discussed, as well. So I just wanted to clarify those things for the record. And Vice Chairman, I have not forgotten about that discussion, but it's at the zoning portion, and we'll follow up again, all right. Vice Chair Russell: I appreciate that. And question -- Mr. Garcia: Through the Chair, if I may. Vice Chair Russell: -- Before we vote on this, is this contingent -- if this were passed today, is it contingent on being passed with the zoning, or when we vote on the appeal for the HEP issues that they stand alone, regardless of what happens with the zoning, or is that up to us? Ms. Méndez: I believe Francisco can answer that. It could be a condition, but Francisco can elaborate further. Chair Hardemon: You're recognized. Mr. Bailine: I could answer if it helps. That's one of the draft conditions; that if you accept staff's recommendation, recommended conditions, it has a condition tying it to the other application. Vice Chair Russell: Got it. So it was a staff recommendation on the department approval that this be tied to the zoning. So if this passes today, but the zoning doesn't pass, this reverts; is that correct? City of Miami Page 195 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Mr. Bailine: That's my understanding. I'll defer to Warren, but that's my understanding; that's correct. Commissioner Reyes: In other words -- Mr. Chair? Chair Hardemon: You're recognized, sir. Commissioner Reyes: In other words, if we don't pass this today, they could come back with -- meaning requirements that, for example, that I still am not satisfied with what I've seen -- that they could come back and we can pass both of them, or deny both of them; the zoning change, and the reversal of the HEP Board? Mr. Bailine: I'm not sure I understand that. Commissioner Reyes: Well, let's say that we vote against granting the reversing of the decision, I mean, we vote against reversing the decision. You still -- that doesn't close the doors for you. You can come back and you can come back with a proposal or with the information, for example, that I want to know -- I mean, this was a beautiful, beautiful presentation. But I want -- there's certain things that I -- even I stated to you and to everybody else that concerns me. But if you come back, you come back and present also a request for modifying the decision of the HEP Board, or rejecting their decision, and at the same time, changing the zoning to what -- I mean, allowing you to build whatever you want to build. I mean, this -- Mr. Bailine: Maybe have -- Commissioner Reyes: in other words -- Mr. Bailine: Sorry. Go ahead. Commissioner Reyes: -- by voting against this doesn't close your doors from coming back again. Mr. Bailine: Well, I guess my understanding is if our appeals this evening are voted down, Commissioner Reyes, that the only way we would be able to come back to you would be to pursue this in a court of law, as opposed to refining our plan, so to speak, and that if the court of law were to vote in our favor, then we could come back and ask for, you know, something further. Instead, what we would prefer is we would -- again, we would love your support; although I understand we may not have your support this evening on this particular application, which is just about the preservation that Rich Heisenbottle and our landscape architects have done, and that we know we have work to do on our next application, which is the exception, where we have zoning issues and potential intervenors, and things like that. So I'm not sure if I -- Commissioner Reyes: Victoria, Victoria, could you clarify that for me? Ms. Méndez: I think -- Commissioner Reyes: Because as I -- I was informed, I mean, and this is -- we can -- they can come back again with a request, and then satisfying some of the concerns that we have. Ms. Méndez: Right. So I think there are a couple questions, couple different questions floating around. So what I think I'm understanding is if right now, the appeal -- if the appeal is denied, they have either the option to appeal to the Circuit Court, or they have the option to regroup and go back to HEP with a new application. Those are like the two options, I think. City of Miami Page 196 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Reyes: Okay. Ms. Méndez: Then the other thing that was asked and I think it was confusing everything is the tying in of some of this item; the tying in of this item; that nothing would happen -- like that these items could be approved with conditions. However, nothing would happen until you find out what would happen with the exception. It would be tied in. And I believe Francisco said that there are draft conditions to that effect. So there were a lot of different questions. So I hope that clarifies everything. Commissioner Díaz de la Portilla: So they're not stand-alone items? Ms. Méndez: They are stand-alone items, unless -- in this particular case, unless the applicants agree, or the draft conditions that have been proposed, or you, as the Commission, can tie it into the exception, like saying, "Okay, we're granting the appeal. We're reversing," but you're not going to do anything until you get your determination on the exception. You can tie it in as the Commission. You can do that condition, as well. Commissioner Díaz de la Portilla: Okay. And if I may, Mr. Chair. What about the -- Vicky, this is for you -- what about the argument that Mr. Bailine is making that while he lives to fight on Monday or fight another day, I guess, do we -- do -- if we move forward, we'll still be able to have debate on all these issues -- right? -- when we have the zoning debate. Ms. Méndez: Right. Mr. Bailine: Yes. Ms. Méndez: I think what he's saying is that if you grant the appeal, then he can go back and talk to the community, and try and work out some of these issues, but it comes back for the exception. Commissioner Díaz de la Portilla: So -- Commissioner Reyes: That's what I'm saying. Commissioner Díaz de la Portilla: -- then my question would be to Mr. Bailine. Realistically, I -- we've seen that, as we all have, all the emails, and there's been a lot of back and forth in this debate. Realistically, is there a midpoint here? Is there some middle ground? Are you going to get there? Mr. Bailine: Commissioner, let me -- so let me say two things. Without the benefit of speaking with my clients right now, but I think I can speak at liberty in front of all of you, I have -- you know, Olen Kalkus, who is the chair of -- the headmaster at Carrollton is on with us right now, and I will repeat to you some of the things that I said to Commissioner Russell earlier this week. I have worked with Carrollton for the last 12 to 15 years. I have helped Carrollton build buildings on their campus. I have helped them overcome issues with their neighbors. I will do -- excuse my language -- my damndest to go to the community and come up with 10 to 12 to 15 things that we can do to help be collaborative and community building, whether it's doing something at Kennedy Park, whether it's extra police officers, whether it's something I can't even think of right now. So my answer to you is, I will do whatever I can. And if I think that if you, Commissioner Díaz de la Portilla, or Commissioner Russell, or anyone in the world who is suggesting something reasonable that Carrollton do and that they say, "no," I'll resign, and they can find other counsel. Commissioner Reyes: Sir, with all due -- City of Miami Page 197 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Mr. Bailine: I know them. They -- wait, wait, wait. They are going to do -- try and do the right thing for the community. So the answer to your -- the short answer to your question is, I want that opportunity to do the right thing for the community. I think in my heart of hearts, having done what I've done in Miami for 20-plus years, I think we can get there. There may be some people that I can't get that we can't to support us, but I think I can get 98 percent of them. Just give me that shot. That's all I'm asking for. That's all the school is asking for. Commissioner Díaz de la Portilla: You have -- okay, I'm sorry, Commissioner Reyes. Commissioner Reyes: Okay, go right ahead, and then I will answer that. Commissioner Díaz de la Portilla: We had a number of neighbors that, when they tried to become intervenors in this debate that they showed maps of how, you know, they were -- they abut -- the property was abutting the Villa, and more than 500 feet and all that. But I'm sure -- Mr. Bailine: Yep. Commissioner Díaz de la Portilla: -- there's a whole bunch of other neighbors -- right? -- I'm sure that those four or five neighbors -- Mr. Bailine: Sure. Commissioner Díaz de la Portilla: -- are not the only neighbors. Mr. Bailine: Of course not. Commissioner Díaz de la Portilla: Have you made any attempt to talk to all these other neighbors to see if there's -- Mr. Bailine: We -- we -- Commissioner Díaz de la Portilla: -- other neighbors that -- perhaps there's more of those than these neighbors? Mr. Bailine: -- I will tell you we did make attempts back in 2018 when we first signed the contract to buy the property to meet with all the adjacent neighbors, and we met with all of them. It wasn't me. It was Olen Kalkus, who is the headmaster, and Tucker Gibbs. Some of those meetings went very well; some of them, they asked us to move the building; some others, they said, "No matter what you do, we're not going to be in support of this." All I'm asking tonight , give me a shot to go do it again. Commissioner Reyes: Sir -- Mr. Bailine: That's all I'm asking. And I may not be able to get there, but give me a shot to get there, and we'll do whatever we can to do it. And some of them, I think we will get there. I don't know if we'll get 100 percent of the people who spoke in opposition to the school to say, "We love the school," but I know that we can make -- I know that we can figure out -- Commissioner Díaz de la Portilla and Commissioner Russell, and Commissioner Reyes, we may not get your support, but I'm telling you, I know. And Olen -- I would love for him to speak. I know that we can figure out ways -- Commissioner Reyes: Would it help? Mr. Bailine: -- to make -- tell me. Go ahead. City of Miami Page 198 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Díaz de la Portilla: I'll do one more, Commissioner Reyes. And I promise, I'll end it right here -- Mr. Bailine: Go ahead. Commissioner Díaz de la Portilla: -- at least with this statement: I promise, I promise, I promise it'll be the last one. Commissioner Reyes: Okay. Commissioner Díaz de la Portilla: Why didn't -- even though it's not a debate about traffic, it's not a debate about zoning, why didn't you bring some of those people today? Why weren't those neighbors that may like this project not come before us today to strengthen your case or make a stronger argument on your behalf? Why is that the case? Commissioner Reyes: Can I --? Mr. Bailine: So I -- I'm sorry. Go ahead before I answer that. Commissioner Reyes: No. Can -- I'm going to add that, and you're going to have a chance to answer. We have met -- and I have met with many people from Carrollton. I stated my concerns. And my concerns are the residents. My concern is traffic. My concern is a plan of when -- I mean, when the children and -- are coming to school and leaving school. My concern was how the community was going to be affected. And I stated it, not only to you, to everyone that came to my office. And I said it once and -- I mean, it was months ago. It was months ago. And I was expecting that when you were making that presentation that you were going to bring at least a blueprint of a plan that how you were going to avoid having the community being so -- I mean, being -- Mr. Bailine: Polarized. Commissioner Reyes: -- affected. No, no, being affected. Mr. Bailine: Correct. Commissioner Reyes: That you have talked to the community, to the people, and you said, "Okay, what does bother you?" I mean, it is the -- can we do alternative hours of dismissal and entrance? I mean, something. But I didn't see anything. The only thing that I -- with all due respect you, I mean, and you're a man of your word, and I'm not putting that in doubt. But it's -- give me a chance, and I told you to your face, and -- remember? I said, "This is my concern. This is my concern. My concern is traffic, how that is going to be a traffic in a road that is already congested, how that is going to affect it. Have you talked to the residents? Go and get the residents to understand that you have a plan -- if you have a plan -- that they are -- that all those concerns that they have, they are going to be -- I mean, you're going to work towards getting into -- and trying to help them." But you didn't do it, you see? That presentation is beautiful. That is a beautiful presentation and all of that. But what concerns me, I didn't see it. What I expressed to you, right face to face, everybody that came -- Mr. Bailine: You did. Commissioner Reyes: -- to my office -- you see, that was not addressed. Not even was an intention of addressing that. And not only did you didn't bring anybody that, if you have some people that they were in favor of the project, they didn't -- I mean, you City of Miami Page 199 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 didn't bring anyone. And the only thing that we have heard is, "Let me talk to them. Give me this, and then we talk." And I told you and I told everybody, "Listen, bring me a plan." I mean, this is not the first time that I have dealt with schools, and the other schools -- Mr. Bailine: Sure. Commissioner Reyes: -- that I have dealt with, they have come to my office and they have come before the Commission and said, "Listen, this is the plan that we have. We are going to" -- I mean, the entrance is going to be -- "We are going to alternate," or "We're going to do this" -- Mr. Bailine: Sure. Commissioner Reyes: -- or "We're going to have police officers," or something. Mr. Bailine: Sure. Commissioner Reyes: "We're going to" -- you say, "Sure, sure, sure," now, because I mentioned it. I cannot vote like this. I mean -- Mr. Bailine: No, no, no -- Commissioner Reyes: -- that's my only concern. And believe me, sir, I don't have anything against Carrollton. As I told you, my sister, my oldest sister, she -- in Cuba, she went to (UNINTELLIGIBLE) Corazon, and she graduated from (UNINTELLIGIBLE) Corazon, and still, she meets with her old classmates, see. I don't have anything against that. And you are Jewish. I'm a devout Catholic, and I was educated by nuns and priests. So, I mean, it's nothing to do that, but we have a neighborhood; we have a neighborhood that we have to protect them. We have a -- Mr. Bailine: I agree with you. Commissioner Reyes: -- traffic, traffic -- Mr. Bailine: I couldn't agree with you more. Commissioner Reyes: -- jams, traffic jams from -- Mr. Bailine: Yeah. Commissioner Reyes: -- 3:30 in the afternoon, you see. We have traffic jams -- Mr. Bailine: I -- Commissioner Reyes: -- in that area. And I wanted to know what were the measures that you were going to take in order to ameliorate the traffic jams or avoid it, but I didn't hear anything in that; that's why I cannot vote for it. Mr. Bailine: Can I respond? Can I respond just quickly? Commissioner Reyes: Yes. Mr. Bailine: So, Commissioner Reyes, Commissioner Díaz de la Portilla, I hear everything you're saying. We met after our HEP -- our applications were denied at the HEP Board. We had applications pending, the two that are being appealed tonight -- this evening or this morning -- and we had staff recommendations. We met with a few of the residents who voiced concerns. And then after we did not receive a City of Miami Page 200 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 positive vote, we reached out again, and we met with two of the three people that were trying to intervene. Tucker Gibbs and I and Ethan and I met with them, and they discussed what we could do. And we said, "Here's what we could do," and they never got back to us. Commissioner Díaz de la Portilla: Did you meet with me? Mr. Bailine: And -- I'm sorry? Commissioner Díaz de la Portilla: Did you meet with me? Mr. Bailine: I did not meet with you personally, no. I did not. Commissioner Díaz de la Portilla: Okay. I don't remember meeting with you, so. Mr. Bailine: And -- no. And from a strict application perspective, we decided that our head of school, who I think has met with a couple of you, that he was the best person to communicate our message. I've said to Commissioner Russell -- and Commissioner Russell, please jump in if I've misrepresented what I'm about to say. But we're really here about preservation of buildings and trees. And we think we have a strong application. We know we have hay to rake -- or hay to make -- whatever the phrase is at 1 o'clock in the morning. And all we're asking is for a chance -- Commissioner Díaz de la Portilla: That is -- look, look -- Mr. Bailine: -- to hold -- Commissioner Díaz de la Portilla: -- Mr. Bailine -- Mr. Bailine: -- you all to task -- Commissioner Díaz de la Portilla: Mr. Chair? Mr. Bailine: Right. Commissioner Díaz de la Portilla: Mr. Bailine, and that's really, I think, your strongest argument. I think you probably should have tried to meet with all Commissioners, because, really, it's only five of us. It's not that hard to meet with all five. But that's probably your strongest argument. We're here to discuss the environmental and the trees. We're not here to discuss the zoning, the school, the traffic, you have a traffic study, and there's obviously ample -- we have another opportunity -- you have another opportunity. It may not happen, but if we have another opportunity, at least you'll be able to go through that traffic study. I've heard all sides of this debate from different people, what I've read in the papers, what I've read from -- I met with Mr. Arguis (phonetic) and a couple of other -- and some neighbors, also, that are concerned. So I've heard both sides of the story -- Mr. Bailine: Sure. Commissioner Díaz de la Portilla: -- and I'm (UNINTELLIGIBLE). So, to me, it's pretty easy, the way my thought process works. I can separate the debate we're having tonight with the debate we can have on Monday about the zoning and a debate about the school and the traffic. To me, it's two separate things. Mr. Bailine: Okay. City of Miami Page 201 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Díaz de la Portilla: It's a HEP Board and a 4-4 tie. It's a 4-4 tie. There's a lot of things that I heard that happened at that HEP meeting that -- you know -- were somewhat questionable from my perspective. So, to me, that's not something that's going to bind me as a Commissioner what a particular board does because of some kind of bias that exists among it -- or one particular member of that board. And so, to me -- Mr. Bailine: Sure. Commissioner Díaz de la Portilla: -- that's important, but it's not binding. It's not something that's going to drive my decision-making process. Mr. Bailine: Okay. Commissioner Díaz de la Portilla: So today's debate is about trees and the environment, and all the different issues that we're talking about -- right? -- that are relative today. Mr. Bailine: Agreed. Commissioner Díaz de la Portilla: I have no problem from my perspective of giving you the opportunity to fight -- you know -- to live to fight another day, to come back at another debate, from my perspective. If you -- Mr. Bailine: Thank you. Commissioner Díaz de la Portilla: -- number one, number one, if you tell me that you have a realistic opinion that you're going to get there, you're going to make some progress, if you're going to bring us other neighbors, if you're going to show us a lot of other neighbors that agree with your position, and you're going to make some strong arguments down the line about why it's not really a major traffic problem, because it's the same kids or the same families that are going to Carrollton; it's a brother or the sister that goes to Carrollton. I've heard those arguments, too. You know, if it's not really -- you know, if you can make a lot of solid arguments -- I'm sure it could be made if you have a good traffic study and if you can bring family members of girls that go to Carrollton that could say, "No, my son is going to go to the new school," and the headmaster come in and say, "By the way, of the 350 kids" -- is that what it is, 350 kids; is that what we're talking about? Mr. Bailine: 335. Commissioner Díaz de la Portilla: 335, 335 kids -- Mr. Bailine: 335. Commissioner Díaz de la Portilla: -- well, you know, the 335 or, you know, 180, or 200 of the brothers are likely to be the brothers of the girls that go to the girls' school. There's a lot of arguments to be made, and we've heard them, and I've heard a whole bunch of them. And we could have those arguments if you live to fight another day. Intellectually, to be intellectually honest, I think the debate tonight and the vote tonight should be about the issues that are before us; not about zoning, not about traffic, and not about how many kids, and what you're going to build, and if you're going to build it. That's a different argument. So, from my perspective, I would likely and probably -- and we may be a tie vote here tonight, maybe not. But I'm going to vote to give you the opportunity to -- you know -- fight to live another day; that's what I'm going to -- the way I'm going to vote -- City of Miami Page 202 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Mr. Bailine: And Commissioner -- Commissioner Díaz de la Portilla: -- because I believe that they have an opportunity to make -- I think you should be given the opportunity to make that argument. You should also keep in mind that it's really tied into a lot of things. In my thinking, in my thought process, it's really tied that -- I want you to go out there and find neighbors. I don't care if it's -- Mr. Bailine: We will. Commissioner Díaz de la Portilla: -- 100 -- if 100 people or 200 people send, you know, emails that are prewritten, and, you know, that doesn't intimidate me or change my vote, or maybe vote one way or the other; same way that we have people read from scripts all the time, because I want to know what the general neighborhood thinks, right? So if you have the opportunity -- Mr. Bailine: Yeah. Commissioner Díaz de la Portilla: -- perhaps you could come back and bring -- say, "Well, you know what? Here are 20 neighbors, 25 neighbors that want the school or like the school, and these are the parents or the kids that are going to go to the school, and they happen to live in the neighborhood," right? All of these things -- I'm sure, I think you didn't do a good enough job. You should have anticipated this argument today, because you know that, unfortunately, these arguments all get mixed into one debate when it should be two or three different debates. So -- but I think that you probably could have done a better job in getting some neighbors to come today and testify, and say, "Look, we are" -- "those are not the only neighbors." I only heard from three or four people. How many were there, Commissioner Russell, that came today to testify before us? What was the public comments --? Ms. Méndez: As intervenors? As intervenors? Commissioner Reyes: Yes. Commissioner Díaz de la Portilla: As intervenors, how many were there? Ms. Méndez: Apparently, it was -- 24 was one group -- Commissioner Díaz de la Portilla: Right. Ms. Méndez: -- and then two -- three separate ones, so a total of 25, I guess -- 27. Commissioner Díaz de la Portilla: 25. So, Mr. Bailine, if you couldn't find 25 people in Coconut Grove that agree with your position, I think you have a problem, right? So I would think that you would, you know, go try to find them, and maybe they come in and say, "You know, we disagree with these other 25 people." That happens in neighborhoods all the time. And some people may want the school, and I'm sure some do. So from my perspective, that's where you failed in making your presentation. As everything is, at the end of the day, unfortunately, in politics and the decision-making process, no matter what time it is, even if it's 1 o'clock in the morning, 1 o'clock in the afternoon. Everything gets mixed, and the public pressure is, hey, it's about the traffic, hey, it's -- you know, the neighbors don't want it. And a picture is painted that may not be the completely accurate picture, but it's been painted. So you have a lot of work to do. If it gets passed today and you get to live -- to fight another day -- Monday, as you say -- you get to Monday, then, you know, I hope that you would make a concerted effort to make sure that you have neighbors come over and testify before us, and tell us why it's a good idea to have the school. So that -- those are my thoughts. I'm going to vote with you today to help you, to give you the opportunity to City of Miami Page 203 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 come back to us; you and the school and the headmaster, and the whole Carrollton family; which, by the way, it's -- as Commissioner Reyes said, it's -- it goes back to Cuba where my parents come from. It's a school that a lot of Cuban families send their girls to. Commissioner Reyes: That's right. Commissioner Díaz de la Portilla: You know, I went to Belen and -- Commissioner Reyes: I don't have the -- Commissioner Díaz de la Portilla: -- almost -- I dated some Lourdes girls, but I dated some Carrollton girls, too. So, you know, so it was kind of like it's a tradition in the Cuban cultural for -- to go to Carrollton or to go to Lourdes, or to go to Belen. And I ended up at Gulliver, you know. But it happens. And -- but the idea is that -- you know, I'm probably better off for it. But anyway, that's a different conversation. But the idea that Carrollton has a boys' school for the brothers of the girls that go to the school, I think it's a nice concept. It's a beautiful thing. It's a tradition in our City of Miami. It's a Cuban American thing from my perspective, in many ways. So for that and many other reasons, I'm giving you -- and to give you a fair shot, a second shot. Mr. Bailine: Thank you. Commissioner Díaz de la Portilla: Give you a second shot -- Mr. Bailine: Thank you. Commissioner Díaz de la Portilla: -- at coming back with a -- Mr. Bailine: Thank you. Commissioner Díaz de la Portilla: -- stronger argument of why we should do this. I'm going to vote with you today, okay? Mr. Bailine: Thank you. I appreciate it, Commissioner. Ms. Méndez: I just wanted to propose then a motion, wording, based on everything that you've said if you want to tie in the items. Chair Hardemon: I have a quick question. Commissioner Díaz de la Portilla: I think, Commissioner, I think Chairman Russell -- Chairman Hardemon still hasn't given us his opinion. Chair Hardemon: Yeah. I have a quick question. There's one conclusion that says that the application has not demonstrated compliance with Chapter 17, entitled, "Environmental Preservation of the City of Miami Code of Ordinances." Staff finds that this request does not comply with all applicable criteria and has found that the proposed site improvements do adversely affect the natural environment in accordance of the subject property. Now, that's in -- that's different from the historic preservation of the Chapter 23, entitled, "Historic Preservation of the City of Miami Code of Ordinances," that says that the Secretary of the Interior standards -- staff finds that this request complies with the applicable criteria and finds that there is -- that the request for Special Certificate of Appropriateness for demolition, restoration, alteration, new construction does not adversely affect the historic, architectural or aesthetic character of the structure. So basically, the structural part says that it is in City of Miami Page 204 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 compliance. But then the environmental preservation part says that it is not in compliance. Am I reading that correctly, Mr. Adams? Mr. Adams: There was actually an updated report prepared. I believe that was done after the applicants came back to us with some changes to the design. I believe both of them are (UNINTELLIGIBLE) and into the (UNINTELLIGIBLE) agenda. Chair Hardemon: Okay. So then both were found to be consistent with what your testimony is saying? Mr. Adams: Ultimately, yes. Chair Hardemon: Okay. You know, this is one of those things where I try to follow the law as best as I can, and from the information that was put on the record today, this was about preserving, one, a building; and two, the protection of an environment. And it seems to be that from what was presented and from -- not only from the applicant, but also from our staff is that this does just that. And so, you know, I will tread lightly. I'm not going to try to go further than that in my analysis of this. And so, I'm going to base my decision from there. I don't know how we're going to move forward. I mean, right now, you have -- you know, what Commissioner Russell wants to do as far as a motion, so I think we should find some motion and then go from there. Vice Chair Russell: Thank you, Mr. Chairman. So if it's about the structure, the trees, the bluff, I think the structure itself is well preserved in this plan, but the surrounding buildings that they're proposing are imposing on the environment, imposing on the bluff, and imposing on the trees more than they would be if they were just left alone, or if they were developed around. So I think it fails in that respect from historic preservation. The bluff is the most obvious one to me that is in violation of Chapter 17. I really feel that that bluff is not being preserved or left visible to this - - to the transit corridor. And so, I would move to deny the appeal. Chair Hardemon: Okay. So it's been properly moved to deny the appeal. Is there a second? Motion fails for lack of a second. Commissioner Díaz de la Portilla: I will move to adopt the appeal. Ms. Méndez: It would be to grant the appeal. Commissioner Díaz de la Portilla: I'm sorry; to grant the appeal, to grant the appeal; that's what I meant. Sorry. Ms. Méndez: And do you want to do any tie-ins -- Commissioner Díaz de la Portilla: No. Ms. Méndez: -- that were discussed? Commissioner Díaz de la Portilla: No, no tie-in; to grant the appeal. We'll do the tie-ins later. Mr. Garcia: If I may, though the Chair? Chair Hardemon: You're recognized. Mr. Garcia: I'd like to suggest, if the body were to move to grant the appeal -- and I think this is amenable to the appellants that there also be a proviso included that allows only work that is remedial or curatorial in nature be done in the site in City of Miami Page 205 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 furtherance of this application, that there's no construction or other destruction at the site pending the issuance of the exception, if that should happen. Commissioner Díaz de la Portilla: I'll amend my motion to include whatever Francisco said right now. Ms. Méndez: Can I --? If I could word what I think he's trying to say, and you could tell me otherwise, Francisco -- Commissioner Díaz de la Portilla: Okay. Ms. Méndez: -- or Commissioner. Grant the appeal, reversing the HEP approval of the COA, with conditions recommended in the staff analysis, and no building permits for the Certificate of Approval shall be granted unless the school use is approved by the Commission. Commissioner Díaz de la Portilla: No. The last part is not what we're doing now. That conversation is a later conversation; the first half of what you said. Ms. Méndez: The problem is that -- just so you know, then, they could go forward with permitting, and they could take down trees and do all that. I'm just -- I want you to know, like what would happen if you don't tie into -- Commissioner Reyes: I can't vote for that. Commissioner Díaz de la Portilla: All right. So let's tie it in. Read it again. Ms. Méndez: Okay. Commissioner Díaz de la Portilla: Say it again. Ms. Méndez: Grant the appeal and reverse the HEP decision to approve the COA with conditions recommended in the staff analysis, and no building permits for the Certificate of Approval shall be -- Commissioner Díaz de la Portilla: Okay. Ms. Méndez: -- granted unless the school use is approved in the exception; you know, by the Commission, the next time. Commissioner Díaz de la Portilla: I understand. Okay. That'll be the motion, verbatim. Mr. Garcia: If I may? I'm sorry. I'm terribly sorry, but they should be allowed to undertake curatorial or remedial work; meaning if they have to prune the trees, if they have to repair windows, they should be allowed to do that. We would want them to be able to do that; just not in furtherance of the school use; no new construction, no -- Commissioner Díaz de la Portilla: So improvements; not any destruction. Mr. Garcia: Thank you. Commissioner Díaz de la Portilla: Right? Improvements and not any destruction; additions, not subtractions. Right? Okay. We'll add that to it. Is that okay for you? Okay. We'll do it that way. Chair Hardemon: Okay. City of Miami Page 206 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Díaz de la Portilla: That's the motion. Chair Hardemon: That is the motion. Is there a second? Is there a second to the motion? Okay. So that motion dies for lack of a second. Commissioner Díaz de la Portilla: So we go home. Mr. Bailine: Chairman, we -- the last time we were here at 1:30 a.m. on a historic preservation appeal, I think you, me, Victoria, and Todd were the only ones on this dais again was St. Jude. I'm having flashbacks. 1:30 in the morning, historic preservation. Commissioner Díaz de la Portilla: You have flashbacks, too. I'm not the only one, you see? Commissioner Reyes: Can they come back again, you see, with -- they can -- since we haven't made a decision, can I propose that they come back and then -- Commissioner Díaz de la Portilla: I move to defer. I will then move to defer the item. Commissioner Reyes: Okay. Come back and bring all the requirements that we have. Commissioner Díaz de la Portilla: And bring neighbors and bring -- so I will move to defer the item. Commissioner Reyes: I'll second that. Mr. Hannon: Commissioner Díaz de la Portilla, to what date? Commissioner Díaz de la Portilla: To the first meeting in September. Mr. Hannon: September 10, sir? Commissioner Díaz de la Portilla: Yes, sir. Mr. Hannon: Understood. Chair Hardemon: It's been properly -- Mr. Bailine: Is there -- Commissioner Díaz de la Portilla: With the condition they come back with some neighbors. Commissioner Reyes: Come back with -- Mr. Bailine: -- is there -- Commissioner Reyes: -- a plan. Commissioner Díaz de la Portilla: With a plan, a better plan, so that's my motion. Commissioner Reyes: A better plan and take -- Mr. Bailine: If I may -- Commissioner Reyes: Excuse me, sir. You see, in baseball terms -- you like baseball? You see, a plan that you have touched all the bases. Okay? You touched City of Miami Page 207 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 all the bases of every -- all the concerns that we have here. Just think that you are at Fenway and you're going to touch all the bases. You're going to go around the homerun. Okay? Mr. Bailine: Well, if I can have just a minute, I'm not sure I'm going to be able to do that in this environment. I don't want to suggest that I'm going to be able to do that and -- or -- and not live up to your expectations or your -- I'd rather have a vote tonight that -- frankly, that is still in my favor. Commissioner Díaz de la Portilla: Well, that's not going to happen, Mr. Bailine. Commissioner Reyes: That's not going to happen. Commissioner Díaz de la Portilla: Mr. Bailine, there's a stalemate, so this is what's going to happen: We're going have an -- what's going to happen is we're going to -- I moved to defer. Commissioner Reyes has seconded that motion. We'll vote on that. And you come back, and then we'll have another conversation -- Commissioner Reyes: Absolutely. Commissioner Díaz de la Portilla: -- on a different date. Mr. Bailine: Could we perhaps -- I mean, again, I don't mean to be argumentative, but -- Commissioner Díaz de la Portilla: You're not. Mr. Bailine: -- we -- you know, when -- okay. When I came before you at the end of February and asked to defer our appeal, I got pushback. And then when we came back for another deferral last month, given the world we're living in, which I totally understand, it's difficult to do these types of situations. So we're in a -- Commissioner Díaz de la Portilla: Mr. Bailine, Mr. Bailine, Mr. Bailine, you need to have situational awareness. Mr. Bailine: Yeah. I understand. Commissioner Díaz de la Portilla: It is 1:29 in the morning. It is a 2-2 tie. You're not going to get anywhere. Mr. Bailine: Mm-hmm. Commissioner Díaz de la Portilla: The best place you're going to get is a deferral, so you can live to fight another day, and have a different debate. So you need to know where you are right now. Mr. Bailine: Can I ask one more question? Commissioner Díaz de la Portilla: No. Mr. Bailine: Can I ask one more? Commissioner Díaz de la Portilla: No, you can't. You can't. I mean, we're done. It - - you're just -- you know, you're going in circles. It's a 2-2 tie. The Commissioners don't -- cannot -- Chair Hardemon: I mean, it's like if we had -- we didn't -- you couldn't get a second. We don't get a second. We couldn't -- City of Miami Page 208 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Díaz de la Portilla: One side couldn't get a second, the other one couldn't get a second, so it's a tie. We're done for the evening. Commissioner Reyes: That's right. Commissioner Díaz de la Portilla: There's a motion on the floor to defer. And Commissioner -- Mr. Chairman, you called -- call the question. Chair Hardemon: Been properly moved and seconded. Mr. Bailine: Could we just do the early September meeting to try and save us --? Chair Hardemon: That's what he said. Commissioner Díaz de la Portilla: That's what I said. That's the motion; September 10. We already made -- that's part of the motion, so September 10. You'll be back. It's only a month. It's only a month and a half, so we'll see you soon. Ms. Méndez: You have -- Commissioner Reyes: You have a lot of work to do, sir. Commissioner Díaz de la Portilla: You have a lot of work to do. Ms. Méndez: -- another school appeal on September 10, plus the budget; just reminding everybody. Commissioner Díaz de la Portilla: That's fine. That's fine. It'll be another late meeting. Maybe we'll make it time certain in the morning. We'll figure it out. The Chairman will decide that. Commissioner Reyes: You know, you're accustomed to these late meetings, man. Commissioner Díaz de la Portilla: But -- I love the late meetings. But before we go, you know, when we come back in September, we may very well have a County Commissioner -- Commissioner Reyes: Yes. Commissioner Díaz de la Portilla: -- presiding over this body, and not a City Commissioner. Commissioner Reyes: That's right. Commissioner Díaz de la Portilla: So, you know, I don't know. He'll look down on us. He'll hook up with Gimenez and pass mandates, and tell us what to do. I don't know. Plus he'll be a City Commissioner. Chair Hardemon: Let them eat cake. Commissioner Díaz de la Portilla: All right. I don't know. We'll see if he changes. We'll see if he changes September 10. But I know we all wish you luck, Commissioner -- Chairman Hardemon. Commissioner Reyes: Yes. Commissioner Díaz de la Portilla: You're going to win. You're going to make a great County Commissioner, and my brother looks forward to serving with you, and a great City of Miami Page 209 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 future together. I've enjoyed the time I've had with you. We'll do another farewell before you leave us. I know you're not leaving until November. Commissioner Reyes: Oh, yes. Commissioner Díaz de la Portilla: But I wish you luck in your election on August 18. Chair Hardemon: Thank you, sir. Thank you. Commissioner Reyes: Same here, Commissioner. I mean, it's been such a pleasure to work with you. And remember what I told you outside of City Hall. That stands. Chair Hardemon: I remember. Understood. Thank you. Commissioner Díaz de la Portilla: And by the way, I represent Allapattah, and that's in your new district. So let me know whenever you want me to go knock on doors or do a Robocall for you -- Commissioner Reyes: Absolutely. Commissioner Díaz de la Portilla: -- or whatever you need. I'm here to help you. I think the County would gain a lot from having you as a Commissioner. Commissioner Reyes: It would benefit a lot, yes. Commissioner Díaz de la Portilla: Absolutely. Chair Hardemon: Thank you. I really appreciate it, I really do. All right, everyone. It's been -- there's a motion and there's a second to defer this item. Seeing no further discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. Mr. Hannon: And Chair, just for the record that was for PZ.1 and 2. Chair Hardemon: That is correct. Commissioner Reyes: That's right. Mr. Bailine: Mr. Chairman, to September 10? Commissioner Reyes: September 10. Listen, guys. Be safe. Vice Chair Russell: Mr. Chairman? Commissioner Reyes: Be safe, and enjoy your vacation. Right? Vice Chair Russell: Mr. Chairman? Commissioner Reyes: Be very safe. Vice Chair Russell: Mr. Chairman? City of Miami Page 210 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 PZ.2 RESOLUTION 6982 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY THE CONVENT OF Department of THE SACRED HEART OF MIAMI, INC. ("APPELLANT") AND Planning REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATIO DENIAL, PURSUANT TO SECTION 23-6.2(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPELLANT'S APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE DEMOLITION, RESTORATION, ALTERATION, AND NEW CONSTRUCTION OF A PROPERTY LOCATED AT APPROXIMATELY 2167 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, A LOCALLY DESIGNATED HISTORIC SITE KNOWN AS VILLA WOODBINE WITH FOLIO NUMBER 01-4115-010- 0111. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSTAIN: Carollo Note for the Record: A motion was made by Vice Chair Russell to deny the appeal, however, motion died for a lack of second. Note for the Record: A motion was made by Commissioner Diaz de la Portilla to grant the appeal, however, motion died for a lack of second. Note for the Record: A motion was made by Commissioner Diaz de la Portilla, seconded by Commissioner Reyes, to deny individuals represented by Lowell Kuvin intervenor status, for Item PZ.2, which PASSED by the following vote: AYES: Commissioner Diaz de la Portilla, Commissioner Reyes and Chair Hardemon; NOES: Vice Chair Russell. Note for the Record: Commissioner Carollo abstained from voting on item PZ.2 and submitted a FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS with the Office of the City Clerk on July 24, 2020, in accordance with Section 112.3143, Florida Statutes. Note for the Record: Item PZ.2 was deferred to the September 10, 2020, City Commission Meeting. For minutes referencing Item PZ.2, please see "Public Comments for All Item(s) and Item PZ.1." City of Miami Page 211 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 PZ.3 RESOLUTION 7575 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 55-15 OF THE CODE Department of OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING Planning THE CLOSURE, VACATION, ABANDONMENT, AND DISCONTINUATION FOR USE OF MULTIPLE PLATTED PRIVATE ALLEYS GENERALLY LOCATED SOUTH OF NORTHEAST 30 STREET, WEST OF BISCAYNE BOULEVARD, NORTH OF NORTHEAST 29 STREET, AND EAST OF NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-20-0234 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes PZ (Planning and Zoning) items, right? Okay. PZ.1, PZ.2. Madam City Attorney, on -- is PZ.3 an ordinance? I took a look at it. -- losure. Chair Hardemon: Right. The Chair would entertain a motion to approve PZ.3. Vice Chair Russell: So moved. Chair Hardemon: Seconded by the Chair. Is there any discussion? Chair Hardemon: Seeing no further discussion. Commissioner Reyes: Just a simple question, Mr. Chair. Chair Hardemon: Yes. Commissioner Reyes: Are these alleys that are going to be closed? -- the way that -- not actually -- Commissioner Reyes: Private alleys. Chair Hardemon: -- property owners in the area -- well, in those plats -- where they will still have the ability to access their all proposed in this case. Ms. Méndez: Chairman? City of Miami Page 212 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Chair Hardemon: Yes. Ms. Méndez: Chairman, I forgot. Commissioner Carollo, I -- now that this item is being called up for PZ.3, did you have a Jennings disclosure? You met with the applicant? Commissioner Díaz de la Portilla: Was it Woodbine? Commissioner Carollo: Staff did. Ms. Méndez: Okay. Commissioner Reyes: No, no. Ms. Méndez: No, no, PZ.3. PZ.3. Commissioner Reyes: PZ.3. Commi Ms. Méndez: Okay. Thank you so much. that. Ms. Méndez: Oh, okay. Chair Hardemon: Yeah. Commissioner Dí Chair Hardemon: I met -- Commissioner Reyes: Mr. Chair? Chair Hardemon: Yes. Commissioner Reyes: My staff met with -- Commissioner Díaz de la Portilla: Did you meet with anybody? Commissioner Reyes: Yes; my staff did meet. Okay? Chair Hardemon: Say that again Commissioner Reyes. Commissioner Reyes: That my staff, he met with the people from PZ.3. Chair Hardemon: Right. So -- Commissioner Reyes: Okay? Chair Hardemon: Correct so far. As a matter of Jennings disclosure, I had a chance to meet with -- through Zoom or some other program -- Commissioner Reyes: Yeah. City of Miami Page 213 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Chair Hardemon: -- with the applicant and discussed with me the application and what it was, in fact, doing. Unidentified Speaker: Wanting to do. Chair Hardemon: So -- -- this happened maybe with a week or so. properties, and how it was going to affect surrounding properties. All right. Seeing no further discussion The Commission (Collectively): Aye. Chair Hardemon: Motion carries. PZ.4 ORDINANCE First Reading 7576 AN ORDINANCE TO THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Department of AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI Planning COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND COMMERCIAL" OF THE 2.805 ± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 690 NORTHWEST 13 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EX SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Diaz de la Portilla, Carollo, Reyes NAYS: Russell Chair Hardemon: Madam City Attorney, can you read into the record PZ (Planning and Zoning) -- Commissioner Díaz de la Portilla: I voted yes. I was muted. I'm sorry. Make sure the record reflects that, please. Chair Hardemon: Okay. Victoria Méndez (City Attorney): Chairman, you want me to read PZ.4 and PZ.5 --? t. Right. Ms. Méndez: Okay. PZ.4. The Ordinance was read by title into the public record by the City Attorney. Ms. Méndez The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 214 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Ms. Méndez: Chairman, I believe the applicants are on somewhere. Chair Hardemon: Madam City Attorney, you know, I forget. Give me a reminder. The Jennings disclosure are for Ms. Méndez: Zoning. Chair Hardemon: So -- but, like, for instance, PZ.3 was a resolution. Ms. Méndez: Well, anything that could be considered quasi-judicial or the Zoning ones, which are quasi-judicial. Chair Hardemon: All right. So both, the resolutions and the ordinances? Ms. Méndez: Yes. Chair Hardemon: Right. Is there anyone that needs to make a Jennings disclosure? Commissioner Reyes: Yes, I do. I do, PZ.4 and PZ.5. Through Zoom, I met with Ms. Marrero Esquire, for both. Okay? eflect a Jennings disclosure for me, as well. I had an opportunity to meet with the representative of the -- wait, wait. No. PZ.4 or PZ.5? Let me just check. Let me be correct on this. Let me see the exhibit. 690 Northwest 13th Street. Yeah. So I met with the representative of this application to describe to me what they were requesting and why it was needed. Okay. Is there any -- opportunity to read it, so the Chair will entertain a motion to approve the item. Commissioner Carollo: Second. Chair Hardemon: Wait. Ms. Méndez: Chairman? Chair Hardemon: Wait. The item is to -- What is the recommendation here? Is the recommendation to go to the next height, or is it to go one just above it? Francisco Garcia: Through the Chair. Mr. Chair, Commissioners, Francisco Garcia, Planning Department Director. Our recommendation for this particular site is that the change from the D1 zoning designation they presently have be to T6-8-O. The reason for that, sir, is that the predominant zoning designation in the area is T6- 8-O, and in that regard, this property would then have the same zoning designation as those in the immediate vicinity. Chair Hardemon: Right. But there are issues with the T6-8-O designation -- is that correct? -- as compared to the T6-12 for this particular site, because as I -- -developed ar been dere it, whatsoever. And so, the T6-12, as I understand it, gentlemen, would allow this property to be able to create additional revenue to not only mitigate those brownfields, but they can also fulfill their responsibility of -- what they want to do is build more housing, I believe, in that area. So it has a beautifying effect on the also within the Southeast Overtown/ -- that you all probably may see. I may not be able to City of Miami Page 215 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 see, so you should be aware. But -- es, Madam City Attorney. Ms. Méndez: Chairman, I just want to make sure that the applicant is promoted so that they can give a brief presentation, because there has to be something on the record. Chair Hardemon: Okay. Mr. Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman. Is the property officially designated as a brownfield site, or is that just a description of it as a contaminated area? the record. Barnaby Min (Deputy City Attorney): IT (Innovation Technology), it should be Ines Marrero and Michael Goldstein, please. Chair Hardemon: I know we have some contaminated areas in -- on 62nd Street and I want to say 12th Avenue on -- I think -- is that correct, Francisco; 12th Avenue and 62nd Street, on the northeast corner? Mr. Garcia: Yes, sir. been vacant for a very long time; very, very long time. Mr. Garcia: I believe the applicants have been promoted, sir. Chair Hardemon: Okay. Hello, everyone. Ines Marr lost connection; the beauty of technology -- Chair Hardemon: That's no problem. Ms. Marrero Priegues: -- and other things we do remotely. Chair Hardemon: Can you identify yourself for the record, please? Ms. Marrero Priegues: Yes, of course. My name is Ines M with offices at 701 Brickell Avenue with the law firm of Holland and Knight. I am here this evening representing the applicant for this land use and rezoning change. in the ownership just very briefly listen to your arguments for our request for the T6-12, and our intent is to be able to build housing, as you mentioned. The reason why we feel strongly that T6-12 is warranted is because we want to build real housing units. We want to move away from studios and micro-units, and one-bedroom units. What this area really needs is real housing opportunity for families, two- and three-bedroom units. And so, the difference between T6-8 and T6-12 is the same number of units, but we can build more unit -- more height. And we feel that the environmental remediation cost associated with the site justifies the bump, and also, all the public benefits that a company developing the TOD (Transit-Oriented Development), because we're next to Culmer, ur staff reports, is the fifth least utilized Metro station. And also, as you very well know, this is -- this sort of big vacuum of nothingness in Overtown. industrial. And we need to provide opportunities. We need to provide community, so - City of Miami Page 216 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 community, to create a streetscape, to create livable streets, to have options for housing, and also ground floor retail, and also moves to Booker T. Washington, which is also a under-utiliz -- Vice Chair Russell: Mr. Chair? Chair Hardemon: Vice Chairman, I know you have a question for Mr. Goldstein. Vice Chair Russell: Yes. So I just wanted to understand if it is an official brownfield designation for that site, and if so, what incentives are available from other levels of government to help incentivize the development there? Mr. Goldstein: Thank you, Mr. Chair. Thank you, Mr. Vice Chair. Michael pleased to be here to respond to any questions that the Commission may have. Commissioner Russell, in response to your question, this is in -- the site is located in a designated brownfield area. The City of Miami in its wisdom predesignated this site and a much broader expanse of land many years ago to prequalify the economic incentives that the State of Florida makes available provided that a developer or rehabilitation agreement with Miami-Dade County DERM (Department of Environmental Resources Management), the environmental regulatory agency overseeing the cleanup. Our group, the applicant, KTLC Biscayne, LLC (Limited Liability Company) entered into the brownfield site rehabilitation agreement almost simultaneously with taking ownership of the site. We have initiated a very lengthy, complex, and expensi up the challenge and to collaborate with the City of Miami and other stakeholders to address these issues of blight and public health risk. With respect to your second question about the available incentives, there are a number of incentives that will be available on this site to lower our cost and our risk. There is a tax -- State corporate income tax credit costs that have a remediation function. To the extent that the site is re-utilized for -- Vice Chair Russell: Mr. Goldstein, on that first one, how much is that tax credit? eligible dollars that are incurred. On an annual basis, any party incurring eligible cost has the ability to apply for a 50 percent tax credit up to a million dollars in a given year. That annual tax credit is available every single year that eligible costs are incurred. When the cleanup is completed, as certified by Miami-Dade County DERM, the -- as a reward for successfully completing or graduating from the cleanup program, the State makes available a 25 percent look-back bonus up to $2 million in cleanup costs, which would be another half a million dollars, to go into the stack. And finally, the State of Florida has a preference for certain end uses that are deemed to be beneficial to the public. One is affordable housing, which provides for another 25 percent bonus, and the other is healthcare. And there are dozens of qualified healthcare providers and facilities that would trigger that final bonus. However, you can only incur up to 100 percent of the eligible cost of tax credits -- eligible cost of cleanup and tax credits; notwithstanding the fact that, in theory, there are 125 percent in tax credit bonuses available. Those tax credits are State corporate income tax monetized at 90 cents on the d housing and/or providing healthcare -- we hope to do both -- the effective City of Miami Page 217 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 monetization rate is 67.5 percent, which means for every hundred thousand dollars spent on cleanup, the developer would get back $67,500. And if the developer is putting in place either one or two of those proposed end uses, then the cash-on-cash return would be 90 cents on the dollar, or $90,000, using our hundred-thousand- dollar incremental example. By the way, local governments can benefit from this, as millions of dollars in tax credits, so they get both the benefit of the cleanup and money back into the General Revenue Fund for other public p Commissioner, I can go on to the second major incentive that would be avail -- economic incentive that we hope to be available here. Vice Chair Russell: Yes. A Mr. Goldstein: No, sir. So within -- -- Vice Chair Russell: Okay. Mr. Goldstein: -- realm, if you will. For projects that build affordable housing, a certain minimum level of affordable housing, no less than 20 percent, there is a 100 percent sales tax refund on construction materials. For a project like this one, which we expect to be spectacular, we are going to activate and mobilize this site in a way that we feel the City Commission and City staff will be very proud of. That sales tax refund on construction materials is likely to be exceedingly significant. That, of a transitional group. Our job is to take this site and put it in strong environmental hands and strong land use hands so we can clear the way for developers concerned, committed, community-oriented developers to take the baton from us, absent the environmental issues, which have left this site marginalized and on the sidelines for way too long. Again, that sales tax refund would be available to the ultimate developer who builds the project and incurs the construction materials cost. Vice Chair Russell: Thank you very much. Mr. Chairman, if I could continue? Chair Hardemon: Yes, sir, and then the Senator will be after you. Chair Hardemon: No, no. I -- Commissioner Díaz de la Portilla: No, you go ahead. You go ahead. Vice Chair Russell: All right. Thank you. bathroom break, so you -- Vice Chair Russell: Thank you. Thank you. So the reason that I bring this up, I think the brownfield program is a really great way to incentivize redevelopment in really to address the brownfield situation or that agreement. Our job in this moment is the potential up-zoning, not only from an industrial site, but into housing and additional density and intensity, which all has a value when we vote on that change in zoning, and it adds a value to that property. So the recommendation is at T6-8, to get higher and higher, you know, by contributing to affordability within the City and within the project. But what you are asking for is T6-12, which lets you go up to the 20 stories, and you wouldn't have to City of Miami Page 218 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 activate those bonuses to get to that -- to the much higher intensities and densities that you would want. But the argument is, well, we need that additional zoning bump to get -- ahead of the game within the cost of cleanup -- 90 cents on the dollar through the actual activation of the brownfield agreement -- and it sounds like an additional 6 and something percent of all of your construction materials and actual material cost. So I wouldn't say that the zoning is needed just to like to look at the zoning just on its own merits, and the affordability crisis that we s being made, how deep of affordability is being offered, what significant quantity of affordability is being something incredible, and it has the potential to really serve this community. But if love to hear about, again, why we need to go to 12 instead of eight, and what sort of recognize Commissioner Díaz de la Portilla so that I guess so we can put all the questions or comments on the record, and then let the applicant respond. Commissioner Díaz de la Portilla: Well, my questions were kind of the same thing program, so in essence, the -- 10 cents -zoning from 8 to 12 as one of the reasons, because of the amount of dollars they would be spending on the remediation, money back -- or most of that money back -- -- on top those things, a significant amount of money. So I want to know the reason -- and my units, instead of this late wave that we've seen of micro-units coming into the affordable world. Is it a hundred percent affordable? I think I heard Mr. Goldstein say that it was up to 20 percent is all they really have to do. Are any of them market rate? I also would like to know the make-up of the retail space. You said healthcare provider. Are you going to put a clinic in that retail space, or what do you have envisioned there? And are you guys the ones that are going to build it? Are you working in comparison with -- are you working in conjunction with a developer? address all the questions that have been presented so far. Ms. Marrero? Ms. Marrero-Priegues: Yes. So in terms of the bonus -- let me start with that -- what we can do right now is 120 units by right. Without any of the affordable housing bonuses, that could essentially double that. With a T6-8, we can go up to 12 stories. But to get those additional four stories, we would need to pay -- need to provide into the bonuses. With T6-12, we can do the 12 stories and get the FAR on the T6-12 and build -- maximize the floor plate, maximize the units, and build affordable housing without having to work through all of the affordable to defer to Michael, but it would have to be affordable housing. I would like to do -- he report. Your Planning Department did a fantastic analysis of staggering. For this census area right now, the median household income is $24,750. 93 percent of the households rent their homes. And the median rent is -and-a-half-year wait for Martin Place, which is the City of Miami Page 219 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 existing affordable housing apartment building across the street. Market rate at this location would be affordable. -- hear you at this moment. Ms. Marrero? Mr. Goldstein: Commissioner? Mr. Goldstein: Michael Goldstein. Vice Chair Russell: Yes. Would you like to address it? Mr. Goldstein: I would, please. Vice Chair Russell: to address the economic incentive issue. What I failed to mention is that the tax credits are capped at a certain level. Beyond the $2 million e currently projecting the environmental cost of cleanup at between 2 and $4 million. In the he ount of risk here that needs to be underwritten in some point -- in some manner -- and by having the additional development value, that makes a more valuable project that then goes into the cost of the cleanup. Keep in mind that this contamination, which relates to the discharge of old dry-cleaning chemicals, chlorinated solvents, is a very significant contaminate to clean up. It quickly, which it has; not towards the school; towards the street and then down south towards the Culmer Metrorail Station. But we are looking at an uncertain length of cleanup and an uncertain cost in a manner that will likely far outpace the amount of incentives that are available to us. Tha important to us. We are not going to be made whole by the voluntary cleanup tax credit. It primes the pump. It allowed us to put our shoulder to the wheel even before we came before you to ask for the T6-12 zoning. And if you look at the State statute, the brownfield statute, which is at 376.80 Florida Statute, a legislature encourages local governments to utilize their Zoning Code as a non-revenue impacting incentive to encourage investment. And although I know that if we were to go with T6-8, the developer -- the ultimate developer would be required to pay incentives otherwise available as of right under T6-12. I would respectfully suggest that that is a little penny wise and pound foolish; that the City is enjoying a tremendous benefit immediately and in the short term by our willingness to spend as much money as we have to take on all of this uncertain risk and to ensure that we stay the course, and that we produce a project that everyone can be proud of where we feel that we need as T6-12 zoning. Vice Chair Russell: Mr. Goldstein, is it possible you and I met about seven years ago, when I was doing research on brownfield sites for a little park in front of my house? Mr. Goldstein: Absolutely, yes, sir. City of Miami Page 220 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Vice Chair Russell: Okay. And I knew your name and face was very familiar, and then when you started talking brownfield, it all clicked again. So you are certainly the ex addressing a contaminated site. You may have argued against yourself a little bit on all the incentives that are there, but I do undSo -8 and possibly the T6-12, knowing what can go here and wanting to try to help you get there. But we really want to make sure that the affordability is intense enough and deep enough that we get there. I also have questions perhaps for the Zoning Director about T6- T6-8-O and T6-8-L, and CI. Are we able to justify legally a T6-12 -- Commissioner Díaz de la Portilla: Commissioner -- Vice Chair Russell: -- in a -- Vice Chair Russell: -- potential island of a -- would it not be a spot-zoning situation for T6-12 on that one site, Mr. -- Commissioner Díaz de la Portilla: Commissioner, if I may interrupt you, can you allow Mr. Goldstein to answer because I asked about four different questions. He Vice Chair Russell: I apologize, Commissioner. Commissioner Díaz de la Portilla: Or do you want to wait for --? or are you going to --? Vice Chair Russell: Yes. Commissioner Díaz de la Portilla: I just want him to answer my questions, and then -- -- Francisco, if you could hold onto that other question about spot-zoning. I got distracted, because I realized I recognized Mr. Goldstein there, so -- Commissioner Díaz de la Portilla: Yeah, you got really excited there, like you guys were best friends there for a moment. Vice Chair Russell: No. It really flashed, and we had such deep conversations I apologize; I got distracted. Please continue. intended to. It gets developers interested in sites that otherwise stay on the sidelines, because they can attract equity, they can attract debt, and a lot of very sophisticated folks are much more likely to go on to easier projects. Commissioner de la Portilla, could you remind me of your questions, please. I went down the brownfields rabbit hole. Commissioner Díaz de la brownfield legislation. I was very involved in it when I was in Tallahassee, I think. that are full of blight and City of Miami Page 221 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 advantage of it. My question had to do with development itself. You talked about how -- I asked you how many of the units are going to be affordable, and you talked about 60 -- AMI (area median income), 60 percent AMI? Mr. Goldstein: Yes, sir. I want to be -- Commissioner Díaz de la Portilla: How many? Mr. Goldstein: -- very clear and transparent. We are not the ultimate developer. Commissioner Díaz de la Portilla: I know. I asked you that question, too. I said, -- you spoke about this vision that you have of what is going to happen with the ultimate developer, what you have talked to the ultimate developer what you think it should look like. So affordable housing developers in the City of Miami, who are space-constrained, and are forced to build on brownfield sites. And it used to be when they called me, if they we tools and options. So we work with companies like Housing Trust Group, like the Richmond Group, like Pinnacle, like Cornerstone. I could go on. We actually -- I actually repr designated brownfield area, with a brownfield site rehabilitation agreement. This is the class and the quality of developer that we will be reaching out to, to take this site vertical. These are folks who have long worked with you, Commissioner, and the other Commissioners much affordable housing bu percent, 40 percent, 60 percent, 70 percent? I would like to see -- -- if the market bears it, I would like to see 100 percent of this site be built out with our vision here; to find the right developer. cart before the horse thing he -- right? -- what your vision is and a vacuum here. and because this site is so special, because it has this environmental stigma -- beyond stigma, the actuality of real environmental risk, significant concentrations of before the environmental issues are resolved. So the environmental issues are the horse, not the cart. And I can say that, not just aspirationally \[sic\] or because I want to make it so, but this site was actually on the market. I know this, because I represented the seller, who tried to sell -- our seller, who tried to sell this to other developers in town, but couldn't -- Vice Chair Russell: Right. Mr. Goldstein: -- because no developer wanted to close on the site with a risk. And ou crazy enough to put together a group City of Miami Page 222 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 nderstood the value of this site to the community. Vice Chair Russell: And so -- Commissioner Díaz de la Portilla: And so you spoke -- so we -- much sense to talk to you about what the retail space is going to look like or the health component that you talked about, the (UNINTELLIGIBLE) -- Commissioner Díaz de la Portilla: -- e developer -- right? -- Mr. Goldstein: Well, I work with developers all of the time. This is not my first brownfields rodeo, and we have (UNINTELLIGIBLE) -- Commissioner Díaz de la Portilla: Right. Mr. Goldstein: -- for what the market needs, what the community needs, and what the market will bear. Would we love to put a healthcare facility, an urgent healthcare clinic, for example, on this site? Commissioner Díaz de la Portilla: Of course. M food desert. Would we love to put in a fresh fruit grocer? Absolutely, yes. Commissioner Díaz de la Portilla: So the idea, you would have -- sort of a clinic or an urgent care center, you would have a restaurant, maybe, or a food market or -- right? Mr. Goldstein: Yes, sir. Commissioner Díaz de la Portilla: One floor of that -- Mr. Goldstein: Yes, sir. Commissioner Díaz de la Portilla: -- and the rest of it would be the multi-unit -- the multi-bedroom units -- right? -- two bedrooms or more? Mr. Goldstein: Yes, Commissioner. Commissioner Díaz de la Portilla: Okay. And you argue that you need a T6-12, and not the cart; sort of like -- Mr. Goldstein: Yes, sir. Commissioner Díaz de la Portilla: -- or feasible for somebody to come in and actually build on it? work, Commissioner, for 28 years, helping private parties and public parties, like the City of Miami. I represented the City of Miami on a number of projects. So we understand the real costs associated with cleaning up contamination to make a site safe for development, and not just any kind of development, but development for City of Miami Page 223 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 seniors here. We need to make sure a very conservative cleanup is implemented and without a reliable and sufficient revenue stream. And we get that by combining the limited but important incentives that are available at the State level to prime the pump, and finishing it off with the extra value created by the T6-12 -- Commissioner Díaz de la Portilla: The additional zoning. Okay. Vice Chair Russell: Commissioner, this is possibly the most honest way someone plan, because once we grant that zoning, anyone can change all those plans and they have an open slate, you know, a clean canvas on which to build. But we can protect what we care about offer for affordability, and I tion. There is a certain base level -- Commissioner Díaz de la Portilla: Which is 20 percent, right? Vice Chair Russell: Right, at 60 percent of AMI; is that right? Commissioner Díaz de la Portilla: Yeah, at 60 percent of -- that was my understanding. Vice Chair Russell: So they have -- ree and clear in its current zoning designation -- well, not through industrial, but for whatever they can develop without an up-zoning. So I would like to say anything to matter who develops it down the road honors that affordability promise that comes with this up-zon covenant t - 8 right now, th homewor-- they that would come along and take it from them, so they need to figure out what value they'd get affordability that will still make it a buildable site. Being in a CRA (Community Redevelopment Agency) also adds them a whole other element that can make them whole. So they should be promising the sky and the moon in terms of affordability, I think. Commissioner Reyes: Mr. Chair? Commissioner Reyes: Yes. I -- people to define, affordability, you see. You say -- going to -- percent AMI. That is for people that make around $33,000, and you get -- multiply about 30 percent of the -- area from what I hear. But the other 80 percent, how are you going to divide that? City of Miami Page 224 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 This is goin I mean, you have 60 percent AMI, which is going to be 20 percent of the number of apartments. How many apartments are you going to be building there -- I mean that you foresee-- you foresee that are going to be built there? Hello? Vice Chair Russell: Either Mr. Goldstein or Ms. Marrero, if you could address the question? Ms. Marrero-Priegues: Okay. The property right now, without any of the affordable housing bonuses, would support 420 units. Commissioner Reyes: Okay. Ms. Marrero- trying to determine the desirability and the appropriateness of the base request, which is to change this property from its current industrial designation. So I think we can at least agree that that is a foregone conclusion; that continue to have this corridor of industrial properties is not only anachronistic, that it is out of character with the neigh needs to be rezoned. Commissioner Reyes: I agree with you. Ms. Marrero-Priegues: In fact, the Planning Department, in our discussions with confirm, has indicated to us that they intend to bring forth an application where they are going to rezone all of these properties along 7th Avenue to -- from D1 to some T6 for-- ahead of what the City has determined needs to happ the staff evaluation, their thorough review of the policies of the future land use plan, as well as the rezoning criteria is met by our request to rezone the property. I want to go -- at least make it clear that we all agree that this needs to be rezoned, and the discussion is the -- our request for it to be to T6- ones in; that we are undertaking a significant environmental remediation of a significant property next to a public high school; that we are -- we have been in discussions with Miami public schools, because we are going to have to undertake some remediation efforts on their property; that we are in discussions with them to come to an agreement to provide housing for teachers, to provide students that will attend -- fill the student stations at Booker T. Washington, which is an under-utilized school. This needs it. Commissioner Reyes: But excuse me, Miss. What I was asking is a simple question. How many apartments are you going to build? How many --? As it is now, without any increase in density -- I mean in the floor ratio, you claim that you can build 420. o be the same 420 when you go to 12 feet -- 12 stories? Ms. Marrero--- Commissioner Reyes: Okay. Ms. Marrero-Priegues: -- T6-8 or T6-12. Commissioner Reyes: Okay. Ms. Marrero- dwelling units per acre. City of Miami Page 225 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 -- Ms. Marrero-Priegues: What increases is the FAR and the height -- FLR (floor/lot ratio). Commissioner Reyes: So out of those, 84 are going to be 60 AMI, 60 percent of AMI? Because -- of -- you cannot have that if you Ms. Marrero-Prieg-- whatever your adopted definition Chair Hardemon: And what it -- what we should understand is that the FAR and the FLR would basically signify that -- because the den units would be larger. Chair Hardemon: For larger families. And then, it changes the height. In this area, it abuts the playing fields and some -- It really is like -- n to be there, whatsoever. On the west side of 7th Avenue, you have some apartments that were built. If you come further south on 7th Avenue, it would be where you have the beginning of the river, which of course, you know, is going through an awesome transition. So this space has a lot of potential, but I would agree that the light industrial is problematic for that space because what you see as you drive down 7th Avenue there, especially on the west side of the avenue is a lot of sort of businesses or lack thereof -- or I'd say buildings that do not coincide well with what is west -- Commissioner Reyes: Housing. Chair Hardemon: -- of it, and many times, just east of it. And so, you know, this is a -- this -- I can see why this space would have gone vacant for so long. And then learning that it has some environmental issues, which I did not know until I was informed of it, further complicates the thing. But I will say, Mr. Vice Chairman, I to know that, you know, as I transition out of the City of Miami that you still have those people who are here -- now, because this is -- before I moved to where I am now, I lived on 14th Street and 8th Avenue, so I was just around the corner from there, and I lived in market rate. And at the time that I moved in, it was market rate for -- a flat was like $900. I think I moved out when it was probably like 1300, $1400. And so there's still lots of market affordability there as well. So the -- I think the space where they are by having some affordability guidelines and then also having the ability to do some market or workforce, this is going to fit in very well with that area. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Yes, you're recognized. Vice Chair Russell: I had a question for the director of the Planning Department regarding the potential issue of spot zoning if the City hasn't taken on -- and certainly, this Commission hasn't weighed in on any change to the entire area, to the City of Miami Page 226 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 T6 level. There is not one single piece of T6-12 around or abutting or anywhere near that at this moment. Are we creating a spot zoning issue, and do we have a legal complication, Mr. Director? Mr. Garcia: Thank you for the question, Commissioner. The answer is no. The short answer is no. The site on its own is certainly large enough to meet the standards to apply for rezoning. It is approximately 2.6 acres, so it's of the appropriate size to hold a district on its own. And I would say to you that I have to agree with everything the applicants have put forward, and that but for the fact in the following PZ items we have -- we are proposing to you an alternative solution to the very set of problems that the applicants are setting forth, certainly our recommendation would have been to go to T6-12 O. Let me share with you a bit of information that I think will highlight the reasons why. T6-8, which is the zoning designation that abounds in the area, has an FLR by right of 5. And with the bonus structure, it would go -- that is actually 25 percent, so it would go to a total of 6.5 FLR. Now that's not quite enough -- right? -- for the kind of redevelopment that they're thinking about and that we envision for the area as a whole. However, T6-12 is a significantly higher amount of development capacity. T6-12 begins at 8 FLR. Compare that to the 6.25 FLR that you would get -- including bonuses -- in T6-8 and goes all the way up to 10.4 FLR by the time you aggregate all the public benefits. I'll insert a -- Commissioner Díaz de la Portilla: So Mr. Garcia, repeat that. What's the total amount of FAR they can get? Repeat that. Mr. Garcia: Sure. Commissioner Díaz de la Portilla: The maximum. I'm sorry, Mr. Chair, through you. Chair Hardemon: No. I want you to get to the Senator's question, but I also want you to make it very plain for those people who are watching to kind of walk them through how FAR, FLR and those bonuses make the difference between how you go from one height to the next by right and also by incentive. Commissioner Díaz de la Portilla: Right, and also give me the total number of FAR you can get and what they're asking for. Mr. Garcia: Of course. Now, I'm happy to -- Commissioner Díaz de la Portilla: With the bonuses. Mr. Garcia: So two questions. I'll first set forth the most factual one and provide you the numbers, Commissioner Díaz de la Portilla. Two zoning designations, T6-8 and T6-12. T6-8, the lower zoning designation, has a base FLR -- FLR is -- stands for floor/lot ratio. Commissioner Díaz de la Portilla: I know. Mr. Garcia: Of 5 - for the audience. Chair Hardemon: For the general public, yeah. Mr. Garcia: For the audience. City of Miami Page 227 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Díaz de la Portilla: I have an older brother that kind of explained all this to me a long time ago and he has dinner conversations and Christmas conversations about FLR and FAR, and all these things so -- Chair Hardemon: But that guy is smart. I'm not so smart. Commissioner Díaz de la Portilla: (INAUDIBLE), right? Mr. Garcia: And so again, I just don't want to bore anyone with acronyms, but the FLR for T6-8 is 5, and that is the multiplier times the net lot area that gives you the square feet of development capacity on any given site. So T6-8 begins with 5, and with the bonus structure, which is for an additional 25 percent, that would give you 6.25 total. Now -- and so first, apples and apples; T6-8, 5 to 6.25 with bonuses. T6- 12 begins at 8 by right and goes all the way to 10.4 because it has a bonus structure of 30 percent -- not 25 percent, but 30 percent -- goes all the way to 10.4. So five versus eight, and 6.25, with bonuses in T6-8 versus 10.4, with bonuses in T6-12. In terms of the bonus structure -- and I did want to make this point to slightly correct a statement that Mr. Goldstein had made earlier -- the Public Benefits Program does not go to the General Fund in any way, whatsoev purposes, and one of those specific purposes happens to be affordable housing; not the onl the bonus structure affordable housing on-site. An affordable housing that is provided on-site, if it is at 100 percent AMI or under gives you a multiplier of one-to-one; meaning one square foot of affordable housing on- site gives you an additional one square foot of bonus. But if it is under 80 percent AMI, then the multiplier is three. One square foot of affordable housing gives you three add in a later Planning and Zoning item. But what I did want to say to you is the only reason we are recommending T6-8 for this application is -- other than the fact that it's what abounds in the area, what it is surrounded by, and what we hope to retain in most of -- T6-8 really does not provide a significant amount of development capacity for the sort of redevelopment we anticipate. However, we have created a proposal that we will present to you in a little while which compensates for that. Within TOD (transit-oriented development) areas, it allows for T6-8-zoned land to go higher and get more development capacity through bonuses, but it attaches to those bonuses strings which are very much along the lines of the affordability issues that all of you have mentioned previously and that we wish to have in the Code going forward. Vice Chair Russell: Mr. Chairman? chase with a recommendation. And by the way, when Francisco taught be about FLR, he stacked croquetas to show how it increased. I remember that. So my recommendation, if they want -- without any proffer of any covenant for affordability, beyond what the -8 as is toda- to defer this item to September, and let them sharpen their pencil on a proffer for a covenant that guarantees a certain level of affordability, no matter who develops this down the road, with the additional FLR a through the T6-12, and at that point, I would be fully supportive of a T6-12 with a covenant Commissioner Díaz de la Portilla: Mr. Chair, I have a question for you. This is your district, Mr. Chairman? City of Miami Page 228 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Díaz de la Portilla: Yeah. This is your district? Is this your district? Chair Hardemon: This is, yes. Commissioner Díaz de la Po-12, because I think this area -- his part of my district when we re- ll square out -- sort of like it will square out my district. It will be perfect to have it irational thing that I have going on in my head. But I think that the future of this area is probably more in line with T6-12, and some up- zoning, significant up--oriented things that are happening here that are very exciting tative for that area, on what your thoughts would be about what we do here today. Chair Hardemon: Right. So I mean -- C this, you know, kick it down the line thing. We really need to get things going here in Miami, and -- especially after I keep on saying, you know -- I know I sound like a broken record, but we really need to get jobs created, and we need to move things e line and burying it, but I want to hear your thoughts on the T6-12. Chair Hardemon: Well, the first thing is that I would applaud the Vice Chairman for his efforts in -- to try to guarantee through some sort of covenant affordability, but as we stated mprovement in that space. And I will tell you that this area is very unique, because just north of this site is the playing field with a football field, the track and field for Booker T. Washington. North of that track and field is a jail. West of that jail is a site that I fought long and hard, because there were several encampments that were there, because just west of that is where I lived -- probably the worst area. Commissioner Gort and I see this area time and time -- this area is where I would begin to say that our dear friends at Camillus House were not good neighbors, because all of their guests would -- instead of being on their site, they would be in that corridor there on 7th Avenue. Commissioner -- Commissioner Díaz de la Portilla: And they would come over to District 1, the district I represent. Chair Hardemon: That -- my next point is that; is that you and I shared this space. know that Miami-Dade County -- we had to fight tooth and nail with them to clean up that lot. There was illegal dumping happening on that lot, just northwest of this, right on here has been -- significant development in it, whatsoever. And honestly, when I -- I saw that this building was purchased, but I thought they were going to reuse it for what it was, you know. But to see someone actually trying to devel just north of a railway, so there is a stop there. And I email -- and we speak in codes -- City of Miami Page 229 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 no -- fifth -- How did you put it? That it was the -- that stop is the fifth highest non- used stop, or something like that? Right. And -- Ms. Marrero-Priegues: -- Mr. Goldstein: Lowest. Ms. Marrero-Priegues: -- least utilized. Chair Hardemon: Right. Ms. Marrero-Priegues: The lowest utilized. Yeah. Chair Hardemon: Right, which is -- Commissioner Reyes: The lowest utilized. Chair Hardemon: -- -- you know, part of that reason is Commissioner Reyes: Yeah. Yeah. Chair Hardemon: No one (INAUDIBLE), not going to spend a to just east, in the Omni area, where now you just had significant development of housing there, and now that stop that used to be under-utilized is very much so utilized at nighttime, daytime, and I believe Mr. Russell knows what I'm talking about there. And so, I said all that to say that what I would not want to do is strap this plications, because of our -- because the City is going to be making its recommendation going towards T6- of this particular site, it -- And then south - owned housing. And so, someone would have to buy all of that housing in order to r town with the improvements in that area. I mean, this is a tough space. And so, to see someone come in with the willingness to make improvements in that area and then see gov way that we sa-- -- We bring in the T6-12 more difficult for it to be developed. This is a -- they're first, and I think we should award people who come first, and not necessarily punish them. I remember when we did the Miami World Center deal. I had a conversation with this developer, and I -- just world- class Avenue, and as you drive down t not in the condition that we should be proud of. And so, once you cross over 36th Street and going to 46th, things get a lot better, but it shouldn't be that way. Right? We should try to make improvements to our spaces. Just south of coming south on 7th Avenue, there are new apartment buildings that were built there that would be more likened to what this could possibly be, and that area is also affordable. And so, - occurring affordabl City of Miami Page 230 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 there, because I guarantee, in that space right now and probably over the next 15 years, 20 years -- Commissioner Reyes: Nothing is going to happen. Chair Hardemon: -- -- Commissioner Díaz de la Portilla: Nothing will happen. Nothing will happen until we act forcibly and forcefully and -- you know -- and do something different than doing in the past. Commissioner Reyes: Absolutely. Chair Hardemon: Ms. Marrero-Priegues: Yes. Mr. Chairman, I just had -- there was one other point that I had made at the Planning and Zoning Board, which is incredibly compelling. s where big projects that promote affordable housing come before you at a cost of displacing existing residents, and you had to deal with the politics and the pain of knowing that to build more housing, you have to put people out of housing. Commissioner Russell has that within the Grove. Commissioner Hardemon has dealt with that within the -- Commissioner Reyes: Overtown. Ms. Marrero-Priegues: -- Little Haiti; all those projects. Nobody is getting Commissioner Reyes: Absolutely. Ms. Marrero-Priegues: You have a noncommitted industrial site, and we have an opportunity to create housing opportunities at zero displacement; creating neighborhood; creating a new place of community, where there is nothing. And so, I think I would be remiss if I completed my presentation and forgot to mention that, ments of this proposal. And when I first met with Michael an-brainer. This is a no- Chair Hardemon: And speaking to that point, I tell this to my board members today. a lot of public housing in that space where they are considering redeveloping that housing, et cetera, and, you know, I just have a belief that those who are in rental housing today, especially who have been living in public housing, should have an opportunity to buy and to live and own those sites when you increase the density and opportunity to have an ownership stake in the area, to have pride in their space. y have a place they can with you all today and tomorrow from the County perspective to make this a viable space. ith T6-12 and without any new burdens on the development site. Commissioner Reyes: And I will second it. And if I may add, it is a fact that those of us that know the area, nothing is going to go -- I mean, nothing is going to happen City of Miami Page 231 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 there unless a group like this comes and they take -- I mean, they just jump in and they take the chance. And we are going to -- I mean to 84, 85 affordable, real affordable units. And the best thing about those affordable units is that those are large units, are units for families, you see. It goes away, I mean, from these micro-icizing for so long, because people think that everybody is g no place for them to live, you see? And I -- I mean, Mr. Goldstein: Mr. Chairman? the concept of sparking the neighborhood and moving it along. But I believe that we should always recognize development f favor here for this community. They see a profit-driven play on an opportunity. Because they have found the specialist and have the ability to decontaminate it, find the incentives to do so, and get the zoning they need, they now set the table for the next person to come along and make a profit, as well, and they will do so, as well. against them improving the neighborhood. But I believe our job as the steward of this zoning is to d a promise going to be near what market rate can bear in that neighborhood, anyway, at this -- the next developer that comes along will have no requirement, unless they activate bonuses, to actually give us any truer significant pencil and then proffer something so that it holds whatever next development comes along. So as it is, if it were T6- -12, for where they want to go, I would love to see a covenant, Commissioner Reyes: A-8, going to be smaller. You see? nits. And another thing that we have to take into taking the risk, you see; jumping and taking the risk, because it is a risk, anyways, you see? And as Commissioner Hardemon so clearly stated, that area around -- that Build it over there in that area. Whatever was going to go -- it went to that area. And if we are going to revitalize the area and we are going to get people that are willing to come in and build, and at the same time, offer -- I mean, offer incentives to people to move there in a way of lower rents, that affordability, I welcome them. I welcome them. And I respect that. I respect people that the plunge and take risk, because there is not -- excuse me, Mr. Chair. There is not -- I mean it is not sure -- d at the place where they are. You see? What do they have a have a jailhouse, see? I mean, it is that -- risk. Chair Hardemon: Yeah. Commissioner Reyes: Okay? City of Miami Page 232 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Chair Hardemon: Mr. Goldstein? Commissioner Díaz de la Portilla: I have a motion, right? Commissioner Reyes: And I second. at math. And we know that we have to count to four. We appreciate that the g from, from a policy perspective, and is willing to utilize the tool that it has available to ensure that our project is a success. I also hear Commissioner Russell loud and clear and appreciate the observation that the applicant should be able to put its money where its mouth is and make a more tangible and enforceable -- a representation regarding the minimum level of project would develop no less than 84 units of affordable housing at 80 percent AMI. Commissioner Reyes: 80 percent you said? I thought you said 60. 80 percent AMI is -- Commissioner Díaz de la Portilla: Well -- Commissioner Reyes: Hold on a second. Let me do my numbers here. 80 percent AMI -- the County AMI is 56 percent. rry. I thought they went with 80 percent AMI. Goldstein. I think that what the Chairman and the District Commissioner has said is He wants to have that flexibility that he said he could support of T6-12. So 84 units at 60 percent AMI -- -- Commissioner Díaz de la Portilla: -- is what the math that Commissioner Reyes made for the 420 units Commissioner Commissioner Díaz de la Portilla: -- that you were talking about. Commissioner Reyes: And then -- Commissioner Díaz de la Portilla: Is that what you meant, Mr. Goldstein? Mr. Goldstein: Yes, sir. Commissioner Díaz de la Portilla: Okay. So we move the item. I think we just vote on it, and we have a very long a major discussion coming up, a couple of them. So I think, Mr. Chair, we just move the item forward. ay, no, thanks. City of Miami Page 233 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Díaz de la Portilla: (INAUDIBLE). We had discussion, Commissioner. We -- -- you know, you have to -- well, at the moment you have to count your votes in politics. I think that a jury of the people here present today know that the Chairman of the Commission and the district Commissioner favors it at T6-12. He -- County Commission, and that he -- en in very bad shape for Commissioners on this dais that want to see the same thing for that area. So we don't want to, you know -- Commissioner Carollo: (UNINTELLIGIBLE) on this item? Commissioner Carollo: Did you hear a motion? Chair Hardemon: There is -- -- Commi question then. Commissioner Díaz de la Portilla: Yes, sir. Commissioner Reyes: And I want to -- 60 percent AMI. Commissioner Díaz de la Portilla: Yeah; 60 percent AMI. Commissioner Reyes: Okay. Tha Commissioner Díaz de la Portilla: Aye. Commissioner Carollo: Aye. Commissioner Reyes: Aye. Chair Hardemon: All against? Vice Chair Russell: No. Chair Hardemon: Motion carries. City of Miami Page 234 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 PZ.5 ORDINANCE First Reading 7577 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Department of NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, Planning FLORIDA, AS AMENDED, BY CHANGING THE ZONING -12- TRANSECT ZONE - OPEN, FOR THE PROPERTY LOCATED AT 690 NORTHWEST 13 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Diaz de la Portilla, Carollo, Reyes NAYS: Russell Note for the Record: For minutes referencing Item PZ.5, please see Item PZ.4. PZ.6 ORDINANCE First Reading 7579 MAY BE DEFERRED Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Planning ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY, BY AMENDING ARTICLE 3, SECTION 3.14, TITLED APPROPRIATE A-8- TRANSECT ZONE - OPEN, AND "CS", CIVIC SPACE TRANSECT ZONE, ZONED PROPERTIES AND TO INCORPORATE ADDITIONAL BONUS AND BY-RIGHT FLOOR LOT RATIO ("FLR") AND FLEXIBILITY IN STOR-8- URBAN CORE TRANSECT ZONE - OPEN, IN TRANSIT ORIENTED DEVELOPMENT ("TOD") AREAS ONLY IN EXCHANGE FOR THE PROVISION OF AFFORDABLE/WORKFORCE HOUSING AT OR BELOW ONE HUNDRED PERCENT (100%) AREA MEDIAN INCOME ("AMI"); MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For additional minutes referencing Item PZ.6, please see "Order of the Day" and "Public Comments for All Item(s)." -- well, Commissioner - - Victoria Méndez (City Attorney): Chairman? City of Miami Page 235 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Chair Hardemon: Yeah. Yes? Ms. Méndez: I just wanted to clarify. That was for -- the vote was for 4 and 5 together, or --? Chair Hardemon: Yes. Ms. Méndez: Thank you. Chair Hardemon: Those were 4 and 5, yes. Commissioner Reyes: 4 and 5. Commissioner Carollo -- on PZ.1 and 2, I think you've conflicted yourself? stated in the last meeting after I asked her to make inquiring phone calls that I should abstain in voting. Chair Hardemon: Okay. Thank you very much, sir. So -- going to -- What do you guys want to do? You want to do PZ.6 and 7 first and then come back to PZ.1 and 2 so we can --? of two evils here or what? Chair Hardemon: Yeah. I just wanted -- because -- Commissioner Díaz de la Portilla: I mean, what kind of choice is that? Chair Hardemon: Let us go to PZ.6. Madam City Attorney, could you read it into the record? Ms. Méndez: PZ.6. The Ordinance was read by title into the public record by the City Attorney. Commissioner Carollo: Move. Commissioner Díaz de la Portilla: Second. Chair Hardemon: Been properly moved and seconded. Mr. Garcia, I have a quick question for you. The 500 feet between T3 and this new area, what is -- is that -- what made you come up with the 500 feet? Becau block on a residential street; how many feet is that? Francisco Garcia (Director, Planning): That varies broadly, but the 500 feet is a well- have any direct impact on the property. Chai three, four, five -- nded. Is there any discussion on this item? City of Miami Page 236 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. PZ.7 ORDINANCE First Reading 7578 MAY BE DEFERRED Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Planning ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED CLASSIFICATION -8-- LIMITED, TO - 8-E TRANSECT ZONE - OPEN, FOR THE PROPERTIES GENERALLY LOCATED AT 1139, 1146, 1148, 1155, 1157, 1160, 1161, 1164, 1166, 1169, 1177, 1208, 1212, 1216, 1223, 1230, 1233, 1238, 1241, 1244, 1245, 1300, 1305, 1312, 1316, 1318, 1338, 1342, 1344, 1352, 1358, 1360, 1363, 1400, AND 1414 NORTHWEST 7 COURT, 1136, 1145, 1146, 1147, 1156, 1158, 1159, 1163, 1165, 1190, 1192, 1194, 1196, 1201, 1216, 1227, 1228, 1230, 1233, 1241, 1243, 1251, 1303, 1313, 1319, 1320, 1321, 1325, 1337, 1345, 1345, 1351, AND 1361 NORTHWEST 8 AVENUE, 1171, 1173, 1217, 1219, 1222, 1224, 1226, 1230, 1232, 1234, 1248, 1310, 1312, 1320, 1321, 1322, 1326, 1330, AND 1350 NORTHWEST 8 COURT, 1133, 1150, 1177, 1180, 1181, AND 1191 NORTHWEST 8 STREET ROAD, 1220, 1223, 1230, 1231, 1234, 1235, 1236, 1238, 1246, 1247, 1302, 1310, 1311, 1313, 1318, 1320, 1328, 1331, 1333, 1335, 1336, 1337, 1342, 1345, 1349, AND 1361 NORTHWEST 9 AVENUE, 1200, 1231, 1311, 1321, 1331, AND 1347 NORTHWEST 10 AVENUE, 1145, 1157, 1158, 1180, 1204, 1226, 1244, AND 1249 NORTHWEST 11 STREET ROAD, 720, 724, 726, 727, 737, 745, 747, 756, 758, 759, 760, 762, 771, 777, 803, 806, 808, 810, 813, 816, 826, 828, 836, 843, 845, 847, 849, 914, AND 933 NORTHWEST 12 STREET, 732, 735, 763, 766, 770, 771, 808, 833, 851, 853, AND 919 NORTHWEST 13 STREET, 724, 783, 784, 786, AND 800 NORTHWEST 14 STREET, 1000, 1005, 1008, AND 1010 SPRING GARDEN ROAD, AND 1000 SUNNYBROOK ROAD, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIB SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Diaz de la Portilla, Carollo, Reyes ABSENT: Russell Note for the Record: For additional minutes referencing Item PZ.7, please see "Order of the Day" and "Public Comments for All Item(s). Chair Hardemon: PZ.7. Victoria Méndez (City Attorney): PZ.7. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 237 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Díaz de la Portilla: As Ms. Méndez catches her breath, I will move the item. Commissioner Carollo: Second. But Madam City Attorney, I might have missed a couple of addresses there. Commissioner Díaz de la Portilla: Can you read it again? That was horrible. Chair Hardemon: Francisco, can you do me a favor and explain to us why this is a good idea for this area? Francisco Garcia (Director, Planning): Absolutely, sir. Thank you for asking, and to be exactly on the west side of Northwest 7th Avenue from the property we previously discussed. These happen to be zoned T6-8-L. The other property was zoned D1. And on the other side of things, it actually has the -- oh, this is probably the previous property -- -8-L limits the development on the property to essentially mostly predominantly and we thought that in order to sort of unbridle the revitalization or redevelopment possibilities in this area, we would change the setting from L to O, which is essentially the same zoning designation they had originally applied for over on the east side of Northwest 7th, so as to get a healthy mix of this commercial residential immediately in the area around Culmer Station to support a transportation-oriented development area. That, coupled with the previous ordinance that you've approved on first reading, we think will put these in parity with the property that we just dealt with on the other side of 7th Avenue, and we do expect that there will be a significant amount of revitalization we could offer to this area. The area has already gone through a significant amount of -- sort of aggregation of land. There are really about 10, maybe 15 property owners that are well situated to be able to develop. And this new zoning designation with a little more flexibility will allow them to kick off a number of projects that are right now in the pipeline. Chair Hardemon: Okay. I know there were some concerns by some residents that live in the Spring Garden community, and other surrounding areas in that space. How do you believe that this will affect --? I mean, Spring Garden is a very secluded space in the community; actually, a very nice gem. I live in Highland Park, which is just north of it, but, you know, essentially walking distance. So what do you see as far as this, how this affects their quality of life and the space where they are? Mr. Garcia: So the closest properties within the area as part of this item are at least four to 500 feet apart. But just in case we missed any and any got too close, we introduced that 500-foot buffer that you read in the previous ordinance and you highlighted and asked about. And we feel that that is a sufficient distance to prevent any adverse impact, any significant adverse impact that they might suffer. The warning, however, is this: As I think you know very well, Commissioner, the land in this particular area is largely vacant, and to the extent that it has been developed, successful, it certainly would expect to see 12-story buildings as a regular occurrence. But again, th have that great an impact, but we certainly want to enhance it and make it possible for that redevelopment to take place. City of Miami Page 238 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 -- I know there was a project that was -- nn- D -- -- literally, that project abuts single-family housing. And, I mean, the building is very, very tall, and you can literally see into the backyard of the next-door neighbor. This -- -- with these coordinates? Chair Hardemon: Yes, sir. Commission too, I think. -foot -- Commissioner Díaz de la Portilla: Right. Chair Hardemon: -- buffer is -- you know -- gives you the distance away from that sort of development, correct? -- a whole series of properties that are actually zoned T5, at five stories, capped at five stories which would serve it as -- The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. City of Miami Page 239 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 PZ.8 ORDINANCE Second Reading 6796 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; MORE SPECIFICALLY BY AMENDING ARTICLE 6, TABLE ADD A SUPPLEMENTAL REGULATION FOR -SITE BULK WASTE DISPOSAL, PROVIDING FOR ALLOWANCE BY WARRANT, DESIGN REVIEW, SEPARATION/DISTANCE REQUIREMENTS, AND REGULATIONS WITHIN CERTAIN TRANSECT ZONES, AND PROVIDING AN EXCEPTION IN LIMITED INSTANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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 PZ.8 was deferred to the October 8, 2020, City Commission Meeting. For minutes referencing Item PZ.8, please see "Order of the Day." END OF PLANNING AND ZONING ITEM(S) City of Miami Page 240 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 FL - FUTURE LEGISLATION FL.1 ORDINANCE 7568 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, Department of FLORIDA, AS AMENDED, ENTITLED "FINANCE/CITY OF MIAMI Procurement PROCUREMENT ORDINANCE," MORE PARTICULARLY BY AMENDING SECTION 18-72, TITLED "APPLICATION AND EXCLUSIONS SECTION; SECTION 18- DEFINITIONS; AMENDING SECTIONS 18-85 TITLED LED BI-86 E NEGOTIATIONS/COMPETITIVE SEALED PROPOSALS-118. -PRIVATE PARTNER-119 TITLED ELECTRONIC SUBMISSION OF BIDS AND REMOVAL OF THE ADVERTISING REQUIREMENT IN THREE (3) NEWSPAPERS AS PROVIDED HEREIN; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. RESULT: NO ACTION TAKEN FL.2 RESOLUTION 7582 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10, ARTICLE V OF THE CODE OF THE CITY OF MIAMI, Department of FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/CODE RELIEF Building RTICULARLY BY AMENDING SECTION 10- 70 TO EXTEND THE DEADLINE FOR THE CODE RELIEF PROGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN City of Miami Page 241 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 FL.3 ORDINANCE 7632 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ITINE OF Resilience and THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED Public Works ("CITY CODE"), BY DELETING REQUIREMENTS AND DEFINITIONS RELATED TO THE OBSOLETE COCONUT GROVE, MIAMI ARENA, BISCAYNE BOULEVARD AND RESTAURANT ARCADE SPECIAL VENDING DISTRICTS; PROVIDING FOR PROHIBITIONS AGAINST VENDING IN THE WYNWOOD AND COCONUT GROVE BUSINESS IMPROVEMENT DISTRICTS AND ON ANY RIGHT-OF-WAY ABUTTING A T3 TRANSECT ZONE; FURTHER PROVIDING FOR A MODIFIED MAXIMUM WIDTH FOR VENDING STANDS IN THE RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN FL.4 ORDINANCE 7655 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Department of AS AMENDED, TITLED "STREETS AND SIDEWALKS", MORE Resilience and PARTICULARLY BY ESTABLISHING NEW SECTION 54-59, Public Works HANCED RIGHT-OF-WAY IMPROVEMENT TRUST FUN MAY INCLUDE NONSTANDARD STREETSCAPE IMPROVEMENTS ASSOCIATED WITH AN ADOPTED STREETSCAPE MASTER PLANNED AREAS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 242 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 NA - NON-AGENDA ITEM(S) NA.1 RESOLUTION 7692 A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING OPPOSITION TO THE PROPOSED MIAMI-DADE City Commission COUNTY ORDINANCE (MIAMI-DADE COUNTY LEGISLATIVE FILE NO. 200973) RELATING TO COUNTY RIGHTS-OF-WAY AND EASEMENTS WITHIN MUNICIPALITIES WHICH PROHIBITS MUNICIPALITIES FROM CHARGING FEES, IMPOSING REQUIREMENTS, OR REQUIRING PERMITS FOR WORK ON COUNTY-OWNED OR COUNTY-MAINTAINED RIGHTS-OF-WAY OR EASEMENTS WITHIN MUNICIPALITIES. ENACTMENT NUMBER: R-20-0235 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo ABSENT: Reyes Note for the Record: For additional minutes referencing Item NA.1, please see "Order of the Day." Chair Hardemon: that, is there a motion to approve PI Number 1, 3, 4, 5, and 6? Vice Chair Russell: Could you just clarify the brief title of each? Chair Hardemon: Right. PI Number 1 is the opposition to the ordinance -- against the County ordinance. Number 3 is the reallocation of the approximately $300,000 that you have for D2 (District 2). PI Number 4 is the acceptance of the COVID relief funds and allocation of funds -- reallocation of those funds. The PI Number 5 is the waiver of the conflict regarding the case of our dear brethren. PI Number 6 is the waiver of conflict for representation by an attorney. Commissioner Díaz de la Portilla: Second. Chair Hardemon: Been properly moved and seconded. Any discussion? Hearing The Commission (Collectively): Aye. Chair Hardemon: All against? The motion carries. City of Miami Page 243 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 NA.2 ORDINANCE 7693 (4/5TH VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE City Commission VOTE, TEMPORARILY PROVIDING FOR AN ADDITIONAL OPTION FOR THE SWEARING-IN REQUIREMENT OF CITY STAFF FOR ANY PLANNING AND ZONING ITEMS AND QUASI- JUDICIAL HEARINGSDURING THE DECLARED LOCAL STATE OF - PANDEMIC; MAKING NECESSARY FINDINGS; PROVIDING FOR AN EXPIRATION DATE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13914 MOTION TO: Adopt as an Emergency Measure RESULT: ADOPTED AS AN EMERGENCY MEASURE MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: Item NA.2 passed as an Emergency Ordinance with two roll calls. For the first roll call, a motion was made by Vice Chair Russell, seconded by Chair Hardemon, and was passed unanimously, to pass NA.2 as an Emergency Ordinance. The second roll call to pass NA.2 as an Emergency Ordinance is reflected above in the vote result box located underneath the enactment number. For additional minutes referencing Item NA.2, please see "Order of the Day." Chair Hardemon: Madam City Attorney, can you read into the record the ordinances ket Items)? Just read all of them straight into the record. give me one second. Ms. Méndez: You scared me for a second. Okay. Chair Hardemon: Yeah, because one is the opposition to a County ordinance. Todd B. Hannon (City Clerk): And Chair, a friendly reminder. This is an emergency ordinance. Ms. Ménd-- second. tion problem. Are we on Pocket Item Number 2; is that where we are? Chair Hardemon: Well, I asked her to read into the record the heading for Pocket Item Number 2. City of Miami Page 244 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 \[Later\] Chair Hardemon: Madam City Attorney, you ready for me now? Barnaby Min (Deputy City Attorney): I can read it. Ms. Méndez: Mr. Min will read it since I couldn't find it. Chair Hardemon: Okay. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. One moment. Mr. Hannon: Not yet, sir. Chair Hardemon: Not yet. Okay. approve PI (Pocket Item) Number 2? rry, I couldn't hear it very well, the title. Mr. Min: Would you like me to read it again, Mr. Chair? Chair Hardemon: Please. Thank you. -- could you name the ones we passed, wh Vice Chair Russell: Got it. Chair Hardemon: The Manager wants something. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Chair Hardemon: Properly moved; seconded by the Chair. Any further discussion The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. Mr. Min: I do need to read it a second time, Mr. Chairman. Chair Hardemon: Yes, I do. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. City of Miami Page 245 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Vice Chair Russell: So moved. Chair Hardemon: Seconded by the Chair. Any discussion? Hearing none, all in The Commission (Collectively): Aye. Chair Hardemon: Motion carries. NA.3 RESOLUTION 7694 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF FUNDS City Commission IN THE TOTAL AMOUNT OF $306,000.00 FROM THE EMERGENCY HOUSING RELOCATION PROGRAM TO THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE CREATION AND FUNDING OF THE EVICTION PREVENTION PROGRAM, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0236 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo ABSENT: Reyes Note for the Record: For minutes referencing Item NA.3, please see "Order of the Day" and NA.1. City of Miami Page 246 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 NA.4 RESOLUTION 7695 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF City Commission CORONAVIRUS RELIEF F STATES TREASURY DEPARTMENT THROUGH FLORIDA THE TOTAL AMOUNT OF $1,312,500.00 AND AUTHORIZING THE ALLOCATION OF SAID FUNDS FOR MORTGAGE PAYMENT ASSISTANCE BY CREATING AND FUNDING THE CITY OF MIAMI MORTGAGE ASSISTANCE PROGRAM, AS MORE INCORPORATED (E CITY IS ALLOCATING AN AMOUNT OF $131,250.00 FOR PROGRAM ADMINISTRATION AND ALLOCATING AN AMOUNT OF $1,181,250.00 TO CREATE AND FUND THE PROGRAM, IN COMFORMITY WITH THE LOCAL HOUSING ASSISTANCE PLAN CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0237 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo ABSENT: Reyes Note for the Record: For minutes referencing Item NA.4, please see "Order of the Day" and NA.1. NA.5 RESOLUTION 7696 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY CONFLICTS OF INTEREST THE OFFICE OF THE CITY Office of the City ATTORNEY ("OCA") MAY HAVE TO ALLOW THE OCA TO ADVISE Attorney AND COUNSEL THE CITY CLERK IN THE MATTER OF JOE CAROLLO V. ROBERT F. PIPER, III, ET AL., PENDING IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 2020-14475 CA 01 (10). ENACTMENT NUMBER: R-20-0238 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo ABSENT: Reyes Note for the Record: For minutes referencing Item NA.5, please see "Order of the Day" and NA.1. City of Miami Page 247 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 NA.6 RESOLUTION 7697 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY CONFLICTS OF INTEREST BENEDICT P. KUEHNE Office of the City Attorney MAY HAVE TO ALLOW KUEHNE TO ADVISE AND COUNSEL THE CITY IN THE MATTER OF CITY OF MIAMI V. MIAMI-DADE COUNTY, ET AL., CASE NO. 2020-14640 CA 01. ENACTMENT NUMBER: R-20-0239 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo ABSENT: Reyes Note for the Record: For minutes referencing Item NA.6, please see "Order of the Day" and NA.1. NA.7 DISCUSSION ITEM 7701 DISCUSSION BY VICE CHAIR RUSSELL REGARDING AN UPDATE FROM THE CITY MANAGER ON THE CORONAVIRUS City Commission ("COVID-19") PANDEMIC. RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item NA.7, please see "Order of the Day." Chair Hardemon: You're recognized, Mr. Vice Chairman. Vice Chair Russell: Mr. Chairman? Chair Hardemon: Yes, yes. Vice Chair Russell: There was a pocket discussion item on COVID-related response in the break while we're going, and I'm very, very concerned as we don't have items on what metrics we're going to be using and where the City Manager is taking the City with regard to potential for a shutdown or not, what metrics we're studying or not, and I know it's 1:30 in the morning. We've been here for 14 hours, but I'm very concerned about where we're going from here forward, and I'd just like to be able to communicate to our public what that plan is. And so, I just had a few questions for the Manager, and I wanted them on the record. Chair Hardemon: Okay. Mr. Manager, is he -- Commissioner Díaz de la Portilla: I think the Manager just left my office on the way over to his office; should be there in about two minutes. Commissioner Reyes: Yes, sir. I thought that he went home. Commissioner Díaz de la Portilla: No, no. He's here. He was sitting in front of me here. City of Miami Page 248 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Reyes: Oh, my god. Commissioner Díaz de la Portilla: He'll be there in about two minutes. Vice Chair Russell: Thanks. I really appreciate that. And it means a lot that everybody is here. I have a lot of respect for this body for really putting in the time, and it's clear that everybody cares very much about their job here. So I'll just wait for the Manager. Commissioner Díaz de la Portilla: As we wait, Commissioner Russell, I don't want to do any Carollo thing on you, but are you going to cut your hair in August when you come back September 10? Commissioner Reyes: Don't get him -- Commissioner Díaz de la Portilla: I'm just saying, are you going to cut your hair? Commissioner Reyes: Listen, you might get an ethics complaint, you know that? Commissioner Díaz de la Portilla: No, no, no, no. He knows I'm playing. He knows I'm playing. But I think it's time. I think it makes you -- it does make you look younger, by the way. It does make you look younger. Vice Chair Russell: It's like -- I've been doing this all night. And you know, Carollo's wife may cut his hair, but my wife's a veterinarian, so the only thing she shears is poodles, and I don't want to look like that. Commissioner Díaz de la Portilla: You got to be careful with that. Commissioner Reyes: Be careful. Chair Hardemon: The only person who needs a break is Barnaby, because even when I grew my hair out, you guys beat up on me, so. Commissioner Díaz de la Portilla: Well, Barnaby has the best hair. Chair Hardemon: Yeah. Barnaby does all kind of things with his hair. Commissioner Díaz de la Portilla: Is he sleeping, or is he around? Victoria Méndez (City Attorney): No. He's there. He's there. When Chairman Hardemon let his hair grow out, he looked like a 12-year-old on the dais. Commissioner Díaz de la Portilla: Well, he looks very young. Ms. Méndez: Who was that little kid on the dais? Commissioner Díaz de la Portilla: He still looks very young. Ms. Méndez: Who was that little kid on the dais? Commissioner Díaz de la Portilla: And Vicky, I'm very happy you're looking better, because you were a little bit -- Ms. Méndez: So I have a fan. Apparently, it was like 76 degrees. I had the jacket. Commissioner Díaz de la Portilla: Yeah. You turned red. City of Miami Page 249 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Ms. Méndez: I turned red. My husband brought me a fan, so I'm much better now. Commissioner Díaz de la Portilla: Good, good. Ms. Méndez: I was going to pass out. Chair Hardemon: Mr. Noriega, you're recognized. Commissioner Díaz de la Portilla: He's back. Art Noriega (City Manager): I'm back. Vice Chair Russell: Mr. Manager, thank you. Mr. Noriega: Sure. Vice Chair Russell: We understand the numbers right now, and we understand where we're getting stronger on mask enforcement, and I think that's great. We're trying to avoid a shutdown, but what will be the trigger that makes you decide so that we can forecast to our businesses and our residents a week out what number they should be looking at, and if we hit that number, whether it's hospitalization and beds, ventilators, ICU (Intensive Care Unit), a combination, so they can -- they -- so that if a dire decision is made, it's because we have to, and people can understand it and back it, and it won't be a 24-hour notice turnaround? Mr. Noriega: So just for point of reference, we're having -- we'll call them meetings -- three times a week, Mondays, Wednesdays, and Fridays. We have a morning meeting with the Department of Health. In that meeting we have the biostatisticians from FIU (Florida International University), as well as University of Florida. We have epidemiologists from Baptist and from the County, and we basically run through all the key statistics. Migoya from Jackson leads the sort of conversation off with regards to his internal network, because he has those same three meetings, as well, Monday, Wednesdays, and Fridays in the afternoons with all of the CEOs (Chief Executive Officers) from the various hospital networks in Dade, Broward, and Palm Beach Counties. And what they're doing is, they're taking and analyzing all of the numbers that relates to occupancy, ICU numbers in terms of the increase or decrease, what they call R-nought stats, which are the ones that balance the ratio between the input and output in a hospital, you know, discharge rates; also, looking, obviously, at ventilation utilization and the percent positives. Those are all the statistical data that we're evaluating in terms of the metrics that we're using to evaluate at what point things become critical. Also embedded in that -- and it's a process that's been engineered through the contact tracing process the Department of Health is engaged in, and they have roughly -- I think they're up to about 600 contact tracers now, but they're doing -- they have a survey that they initiate as they engineer that -- Commissioner Díaz de la Portilla: In the County? In the County? Mr. Noriega: Department of Health, correct. The Department of Health. Commissioner Díaz de la Portilla: They have 600 tracers? Mr. Noriega: They -- yes, yes, working in Miami. Commissioner Díaz de la Portilla: In the County? City of Miami Page 250 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Mr. Noriega: Correct. And they're basically contact tracing, and as part of that contact tracing process, they engine -- they've engineered a survey by which they're actually tracing back the assumptions made on how somebody -- where they think they might get sick; what industries are specifically the most that are sort of the -- we'll call them the hot spots, and then they're getting survey results. We review some of that data, as well on Mondays, Wednesdays, and Fridays, in our morning calls. So one of the things we've realized, I think, from a contact tracing point of view is that for the most part, I think because people are so mobile now that the contact tracing part is becoming very difficult, because people really don't have any sense of how they're getting it. So that's become a little bit of an issue for us in terms of analyzing that, as well. But we are getting really good numbers in terms of the hospital data. I think that's the thing we've really kind of focused on. I also left out the death rate and the percentages related to death versus ICU occupancy numbers. And so, one of the things we're sort of focused in on is, what's the hospital capacity? At what point does the hospital situation become -- we'll call -- critical? And using that as a principal gauge by which we either continue to roll back or take the advice to roll back, or whether we just maintain the status quo. In our last couple of meetings, what were noticed is all of the key trajectories are starting to get to a point where they're starting to level off. In other words, we're not having those dramatic increases like we did before. The percent positive rate has sort of hovered around 20 percent. At one point, it was as high as almost 30. And so, we've watched it, especially in the last few days, the last -- we'll call it six- to seven-day period. It's starting to kind of traject back towards a leveling off period. Obviously, we have another call in about seven hours, and at that call, we'll have, obviously, updated numbers relative to the last few days. I think a lot of us are starting to at least feel some optimism as it relates to the mask order, and obviously, the additional order that impacted occupancy utilization in dining and restaurants, that they're starting to have an impact. I think us ramping up enforcement, as I've referenced before, significantly, is also going to help a lot. And honestly, our hope is that that trajectory continues to move forward. We've also had a representative from the School Board and so the district on our last call to kind of give us some input as it relates to what our Miami-Dade County School District is thinking in terms of its reopening plan. And when you map out the numbers, at the rate we're starting to see things level off and maybe, you know, start to work their way back in terms of the percent positive, we kind of project that for us to get to a level that brings us back below 10 percent, which was where we were, sort of the key threshold that was really issued by the CDC (Center for Disease Control), and to get us back below 10 percent in terms of percent positive. Based on the slope, the way it's progressing now, we're probably a good 30 days out; somewhere between 28, 29 days out if we continue the current trajectory. That being the case, that would put us almost spot on to the opening of schools -- right? -- because the tentative school opening date is August 24. So I'm -- you know, there's going to be a lot of hard decisions that have to get made relative to school openings. They -- we also have, by the way, the FIU biostatisticians are doing projections based on school openings, as well, and how -- what that impact may have. We didn't have -- they weren't ready for -- to present that data at our last meeting, as well, but that data is coming, also. So that kind of gives you sort of a snapshot of what we're looking at in terms of the kind of information we're reviewing and analyzing. We have yet to really get to the one single matrix that is sort of the be-all, tell-all in terms of us making a decision. We're sort of going to have to evaluate all of them as a whole, and kind of see where we end up in terms of -- you know -- the deci -- we've kind of made -- you know, the hope is that we're -- we, as -- you know, we have a number of cities on those calls, so it's not just the City of Miami; it's Coral Gables, it's Hialeah, it's the City of Miami Beach. Key Biscayne is also on that call, as well, so -- Miami Gardens -- so there's a number of cities that are all involved in those calls. We -- we're -- our hope is that we end up analyzing and making recommendations when the time is right and we feel is relative whether it be to close something back up if things continue to maybe City of Miami Page 251 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 progress to be worse; or if they get better, to open things back up. Our hope is that we're making a recommendation to the County and that the County is ultimately going to be the key entity that drives the decision-making process with the cities sort of all in, you know, concurrence. Vice Chair Russell: Mr. Manager, I have an issue with that, because you're saying we'll make that decision when we see those numbers and when we decide but there is no specific matrix. I feel like if I threw a few numbers out to you as a hypothetical, you'd know in your gut what you'd have to do in that moment. If I said, "We are at 40 percent infection rate, and we had, you know, zero percent ICU, and the death rate was up to this," you'd go, "Okay, we have to do this." Why -- sorry, my battery is low -- why can't we forecast that right now? Because this virus is going to go one of three ways: Up, level, or down. And you got to handle it. If levels are down, we're fine. But on the up is where I want to worry about, and I want to be able to forecast, because the County failed in their rollback. They failed, because they communicated it poorly, they didn't forecast it well, and they didn't show why; how -- why they were targeting what areas. They didn't have data behind it, and that worries me. So -- Commissioner Díaz de la Portilla: In their rollback or their reopening? Vice Chair Russell: No. The reopening was fine. When they tried to roll back the restaurants and they had to change their rules three times in one day was because nobody accepted their rollback. The gyms didn't accept it; the restaurants didn't accept it; the people didn't accept it. I want us -- if we have to take a dire move that our public buys into what our -- your decisions are. And I believe the only way to do that is through proper communication and forecasting, and data. And so, I believe in you, and I'd like you to work on that over this next week to say in the worst-case scenario, here's what we would do so that we can start to think of that worst-case scenario. And the last thing I'll leave you with -- and I'd love to hear the opinion of the other Commissioners -- if you feel that there is a vector that is more of a transmission risk than others -- and let's look at house parties, for example, gatherings in -- mass gatherings in houses, because people are trying to find ways to have fun and together, and they're getting together in their houses. If that is a true potential vector in your mind -- I've asked for a legal interpretation from our City Attorney if we could enforce against that, and I believe the answer I've received is, "yes." I know Fort Lauderdale has implemented something like that. And so, I'd love for you to have that tool if you feel it's appropriate during this coming month, if that's a vector that's a risk to us, and our numbers are still going up that you take enforcement in that area. Mr. Noriega: I'd be interested to see what the City Attorney had to say about that. Ms. Méndez: It is a "yes." We can enforce. It is legal to enforce. The problem is that it's hard to enforce, because, as you know, if they don't open the door, you're not getting in. You're not knowing who's in there. You're not knowing if -- you know -- if it's family, is it 10 -- you know, is it 10 Cubanos, a party? But at the end of the day, obviously, if you're able to get in and you're able to talk to somebody, and they say, "Yeah, I'm having a getty and" -- whatever. You can, obviously, tell people, "Okay, you need to go home." Your curfew you can enforce if you get the -- enough information. But it's hard. I don't want to mislead you that it's easy-peasy. But it's - - Mr. Noriega: The information I had been given when we first looked into it based on the Broward order was that, yeah, you can enforce it. The issue is always going to be how you gain entry into the house. Ms. Méndez: Exactly. City of Miami Page 252 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Mr. Noriega: Because they have to allow you to enter into the house. Commissioner Reyes: Vicky -- Vice Chair Russell: If they're violating the noise ordinance. Mr. Noriega: Yeah. Ms. Méndez: Right; noise ordinance. Mr. Noriega: Yeah. Ms. Méndez: Of course, you could close down a party, of course. Commissioner Reyes: Absolutely, but -- Ms. Méndez: But informally, they're not violating anything. But, yes, you can enforce. The Manager is saying it correctly. As I just said, you -- you know, it's hard sometimes to get all the information, but it is a tool that you can use in the citation process if you wanted to. Commissioner Reyes: Vicky, one thing that I have learned about neighbors and all of that, there's still some Airbnb's are that being rented for parties. And I don't know if we are keeping track of them, because that is probably that's -- it's one of the -- I mean, the places that -- it is rented by young people, and they -- as a matter of fact, I had one about a couple of blocks from my house, and it was checked. And, I mean, I was -- I reported it and it was checked. But I don't know if we are keeping tracks of Airbnb's, and particularly, the ones that are single-family homes. Ms. Méndez: Yes. There's actually been an uptick in the reports. I feel really bad for Adele. There's been an uptick in the reports of Airbnb parties and events, and just because people are home, so they notice people coming in and out, people renting, people with their suitcases, more so than before when you were at work. You wouldn't know what was happening sometimes. So, yes, I'm sure Adele would be able to run that report, but I do know and remember we have -- we just filed a lawsuit on one in Belle Meade. We've got a clerk's default in one in your district. So we are enforcing -- except for the seven named plaintiffs in our Airbnb case, we are enforcing when we are told about violations, and when we're able to prove, you know, get all the -- get the people, get witnesses, get the Airbnb, Vrbo information. We're able to take them, obviously, to Code Enforcement or court, depending on the situation. So, yeah, we -- there's been a little uptick. Commissioner Díaz de la Portilla: Okay. I have -- Mr. Chair, if I may. I have a question for our Manager. Tomorrow you have a phone call with the League of Cities, and is Mayor Gimenez on that call? Mr. Noriega: He's doing those calls along with the Chairman. I'm not on those League of Cities calls. Commissioner Díaz de la Portilla: So the Chairman is the President of the League of Cities, and I'm a member, so I'll probably be on the call, also. But, Mr. President, Mr. Chairman, what's on that agenda? Are we going to have -- besides a conversation about getting us our fair share of the half a billion dollars that he got; besides that conversation, is there any other conversation about any additional measures that he plans to take in August while we're on our break? And they're on their break, too. City of Miami Page 253 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Chair Hardemon: Well, that's what the meeting is about. The meeting is our regular meeting when he gives us updates about what he's planning for COVID-19 related issues. We were supposed to hear back from him today at 5 o'clock about what -- well, yesterday at 5 o'clock about whether or not -- or what plan he was going to submit to the Miami-Dade County Commission, regarding the COVID-19 relief dollars. I don't think he got back to us. And so, the League of Cities is going to do what it believes is in its best interest of its membership, so that includes the City of Miami, to garner support to have those dollars distributed to the cities so that we can use it to combat COVID-19 and really supplement our budgets to fight what we're doing -- I'm sorry, it's late -- but to fight the COVID-19 issue. So tomorrow, we should hear more about it. I don't know if he's going to -- he may or may not pose a question about the relief act dollars, but usually, the 3 o'clock meeting -- well, the meeting is about just the virus itself and government, and how we're acting. Commissioner Díaz de la Portilla: Right. Commissioner Reyes: Okay, guys. Goodnight. Commissioner Díaz de la Portilla: So you'll have a better idea tomorrow as to what the County thinking is, right? Chair Hardemon: Yeah, yeah, tomorrow. Commissioner Díaz de la Portilla: Okay. Okay, thank you. Chair Hardemon: All right. Vice Chair Russell: Thank you very much. Chair Hardemon: Gentlemen, all hearts and all minds clear? Vice Chair Russell: Yes. Commissioner Díaz de la Portilla: Yes, sir. Chair Hardemon: All right. This meeting is adjourned. Vice Chair Russell: Good night, everyone. Thank you. Commissioner Díaz de la Portilla: Good night, everyone. Vice Chair Russell: Take care. NA.8 RESOLUTION 7698 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE LESBIAN, GAY, BISEXUAL, Office of the City RD FOR A TERM AS Clerk DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Antonio Lima Commissioner Alex Diaz de la Portilla ENACTMENT NUMBER: R-20-0241 City of Miami Page 254 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: A motion was made by Vice Chair Russell, seconded by Commissioner Diaz de la Portilla, and was passed unanimously with Commissioner Carollo absent, to appoint Antonio Lima as a member of the Lesbian, Gay, Bisexual, Transgender, Queer ("LGBTQ") Advisory Board, further waiving the residency requirements of Section 2-1351(b) by a two-thirds (2/3) vote of the members of the City Commission, as it relates to Antonio Lima as a member of the Lesbian, Gay, Bisexual, Transgender, Queer ("LGBTQ") Advisory Board. Todd B. Hannon (City Clerk): Chair, I have one pocket item from Commissioner nt. Commissioner Díaz de la Portilla would like to appoint Antonio Lima to the LGBTQ (Lesbian, Gay, Bisexual, Transgender, Questioning/Queer) Advisory Board. Mr. Lima will require a residency waiver. C public comment on that item. address the item. \[Later\] Chair Hardemon: So we had two pocket items that I wanted to be considered; one by Commissioner Díaz de la Portilla. Can you --? It was an appointment to a committee. Mr. Hannon: Yes, sir. Commissioner Díaz de la Portilla would like to appoint Antonio Lima to the LGBTQ (Lesbian, Gay, Bisexual, Transgender, Queer/Questioning) Advisory Board, and Mr. Lima will require a two-thirds residency waiver. Vice Chair Russell: So moved. Chair Hardemon: Seconded. Commissioner Díaz de la Portilla: Seconded. The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. City of Miami Page 255 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 NA.9 RESOLUTION 7699 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVIL SERVICE BOARD FOR A TERM AS Office of the City DESIGNATED HEREIN. Clerk APPOINTEE: NOMINATED BY: Rodrigo Jiménez Commission-At-Large ENACTMENT NUMBER: R-20-0242 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Vice Chair Russell: Mr. Chairman? Vice Chair Russell: In the same thread, I was looking to proffer a pocket appointment for the Civil Service Board. I -- if I understand correctly, the Civil Service Board appointee that we had approved before that was representing the general employees is no longer available for that spot, so I was going to re-propose the general serve -- the potential for that appointment before. Todd B. Hannon (City Clerk): Chair and Commissioners, I have not received a written co-- received anything in writing from the person who is declining the appointment to the Civil Service Board. Mr. Hannon: Not through any kind of written correspondence; no, sir. t see if it works or not. Chair Hardemon: Okay. \[Later\] Vice Chair Russell: Mr. Chairman? Chair Hardemon: Yes? Vice Chair Russell: Sorry, I lost my connection there for a little bit. I just wanted to let you know and anyone who wanted to comment that I will be proffering that pocket for the Civil Service Board as we did get a written commitment that Mary Lugo is City of Miami Page 256 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 not forward now so that when we come back for the regular meeting -- Unidentified Speaker: Barnaby, can you hear me? Mr. Hannon: Chair, we do have Commissioner Díaz de la Portil appointment to the LGBTQ (Lesbian, Gay, Bisexual, Transgender, Queer/Questioning), as well, to address. Chair Hardemon: Right. I remember. I remember. Mr. Hannon: Okay. Chair Hardemon: Okay. Commissioner Díaz de la Portilla: Can we take that up quickly, or -- just get that out of the way, or --? Victoria Méndez (City Attorney): Can we just go into -- I made my announcement and -- Commissioner Díaz de la Portilla: Okay, okay. Ms. Méndez: -- Commis Ms. Méndez: Thank you. you. Mr. Manuel Otero (Web Administrator, Innovation and Technology): Yo ing of the Miami City Commission. We just left our shade meeting. \[Later\] Chair Hardemon: Commissioner Russell. Rodrigo Gimenez to the Civil Service Board. Chair Hardemon: Is there a second? Commissioner Díaz de la Portilla: I second it. Chair Hardemon: The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. City of Miami Page 257 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 NA.10 DIRECTIVE 7700 DIRECTIVE BY COMMISSIONER REYES TO THE CITY ATTORNEY TO INITIATE AN INVESTIGATION REGARDING 3384 City Commission DAY AVENUE INVESTMENTS, INC. PROJECT. RESULT: DISCUSSED For additional minutes referencing Item NA.10, please see "Items RE.11 and AC.1." Mr. Hannon: Madam City Attorney, are we actually amending the legislation, or passing it as is? Unidentified Speaker: As is. Ms. Méndez: This one, this is -- -- Commissioner Reyes: Directive. Ms. Méndez: -- to do an investigation and figure out what occurred in this case. Mr. Hannon: Understood. Thank you. -- Commissioner Reyes: Discussed. Ms. Méndez: Understood. Commissioner Reyes: Okay. Chair Hardemon: Seeing no further discussion, all in favor of this motion, say Commissioner Reyes: Aye. Commissioner Díaz de la Portilla: Aye. Vice Chair Russell: Sorry, I was on mute. I was waving. Chair Hardemon: Right. Go ahead. my fellow Commissioners and the majority of that group in the shade, but I do hold to our better. But I hear. In our current situation, from a fiduciary perspective, the -- just on principle direction for the investigation, so thank you, Commissioner Reyes, for bringing that up, and Commissioner Carollo earlier. Chair Hardemon: Okay. Any further discussion? City of Miami Page 258 Printed on 9/02/2021 City Commission Meeting Minutes July 23, 2020 Commissioner Carollo: This is where I step out for --? Commissioner Reyes: Yes, sir. ADJOURNMENT The meeting adjourned on Friday, July 24, 2020, at 1:50 a.m. City of Miami Page 259 Printed on 9/02/2021