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HomeMy WebLinkAboutCC 2020-07-09 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 9, 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 9th 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 9:04 a.m., and adjourned at 1:04 p.m. Note for the Record: Commissioner Diaz de la Portilla joined the virtual meeting at 9:13 a.m., Commissioner Reyes joined the virtual meeting at 9:13 a.m., and Commissioner Carollo joined the virtual meeting at 11:38 a.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: 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 any specific location, utilizing communication media technology, such as telephonic or video-conferencing, as provided by Section 120-545(b)(2) Florida Statutes. Procedures for the public comment will be explained by the City Attorney shortly. 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 Art Noriega, City Manager; Victoria Méndez, City Attorney; and Todd Hannon, the City Clerk. Madam City Attorney, please state the procedures to be followed during this meeting. Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. Any person who is a lobbyist, pursuant to Chapter 2, Article 6 of the City Code, must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy s office, or online at municode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of the City Code section is available at the Office of the City Clerk or online at municode.com. Pursuant to Section 2-33(f) and (g) of the City Code, the agenda and the material for each item on the agenda for this virtual meeting was published and made available to the Mayor, members of the City Commission, and to the public at least five full business days in advance of the meeting. The material for each item on the agenda is available during business hours at the City Clerk's Office, and online 24 hours a day at miamigov.com. Any person may be heard by the City Commission through the Chair and upon registering pursuant to the published notice for not more than two minutes on any proposition before the City Commission unless modified by the Chair. Since this is a virtual meeting as authorized by the Governor of the State of Florida, members of the public wishing to address the body may do so City of Miami Page 1 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 by visiting miamigov.com\\virtualmeeting to upload their video comments or to 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 archive for the virtual meeting and will be considered by the City Commission prior to any action taken. The City will accommodate any speaker 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 symptoms of COVID-19. Any persons exhibiting any symptoms of COVID-19 will not be permitted to enter City Hall. All interested parties are required to abide by all State, County, and local emergency orders and are urged to remain at home and practice social distancing. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. Before 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. 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. Any person with a disability requiring assistance, auxiliary aids, and services for this meeting may notify the City Clerk. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. The City of Miami is using Zoom to hold its July 9, 2020 virtual regular City Commission meeting. Zoom is a cloud platform for video and audio-conferencing, 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 the usual channels and avenues that are provided when a City Commission meeting is held fully in Commission chambers at City Hall. The meeting can be viewed online at miamigov.com\\tv, through the City's Facebook page, on the City's Periscope channel, on the City's YouTube channel and on Channel 77 on Comcast. The broadcast will 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 the participants will be appearing remotely, the public will have no discernable difference in their ability to watch the meeting. The City has developed several new methods of ensuring public comment for a virtual meeting. The first option allows the public to provide public comments via the dedicated City of Miami public comment voicemail by calling 305-250-5353, where individuals will be able to leave a two-minute message that will be played during the virtual Commission meeting. The second option allows for the public to submit a two-minute video to be played during the virtual Commission meeting. The third option allows the public to submit comments via the City's online comment forum. The comments submitted through the comment forum have been distributed to the elected officials and City Administration throughout the day so that the elected officials can consider the comments prior to taking any action. Additionally, the online comment forum will remain open during the meeting to accept comments and distribute to the elected officials up until the Chairman closes the public comment period. The fourth option allows the public to pre-register to provide live public comment by phone during the virtual Commission meeting. For all of the aforementioned options, all the comments received will be included in the public record of the meeting. The City also created a simple set of instructions explaining how the public may submit their comments with either option. Those instructions were provided in a notice to the public via the City's social media channels and published online at miamigov.com. Additionally, like any other City Commission meeting, the public may provide public comment at City Hall. The City has set up a terminal in the event members of the public travel to City Hall to provide public comment. Due to COVID-19, all speakers desiring to appear in person at City Hall will be subject to all applicable emergency measures in place to prevent the further spread of COVID-19. Speakers who appear in person City of Miami Page 2 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 will be subject to screening for symptoms of COVID-19. Any persons exhibiting any symptoms of COVID-19 will not be permitted to enter City Hall but will be able to participate through the other remote options. These public comment options established and provided for, for the regular City Commission meeting, comply with Section 286.014 and Section 120.54 of 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 voicemail, online public comment forum, public comment video upload, and the live public comment by phone. Section 286.0114(4)(c) of Florida Statutes specifically authorizes 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, through its public comment options, has provided five different methods to indicate among other things public support, opposition or neutrality on the items and topics to be discussed at today's virtual City Commission meeting. Commissioners, please confirm you are comfortable with the notice provisions as set forth in these uniform rules and procedures for today's meeting. Vice Chair Russell: Yes. Mr. Min: Thank you. \[Later\] Chair Hardemon: Are there any continuances that we need to be aware of? Mr. Manager, do you have any continuances or withdrawals, or deferrals? Arthur Noriega (City Manager): Good morning, Mr. Chairman, Mr. Vice Chair, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration does not wish to defer or withdraw any item. Chair Hardemon: And Commissioners, do we -- Victoria Méndez (City Attorney): Mr. Chairman. Chair Hardemon: -- have any items? Madam City Attorney. Ms. Méndez: Yes, Chairman. I wish to defer RE.1, the settlement on Day Avenue, until the next scheduled meeting, please. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized, Vice Chairman. Vice Chair Russell: Thank you, Madam City Attorney. I, too, would like to discuss this one a little further. I've asked the Administration to do a deep dive on all of the City's actions and all of the developer's actions that led up to this lawsuit. I believe we have a strong case, and I think we need a chance to make that discussion amongst the Commissioners. So Madam City Attorney, if appropriate to schedule a shade meeting, let me know if you can arrange that today. Ms. Méndez: Unfortunately, due to -- I mean, unless you want it in person, logistically, we cannot have a shade meeting at this time via Zoom just because of the -- you know, the State statute doesn't allow that. With regard to resetting it, we could reset it to discuss potential settlements and further briefings. But for a shade meeting at this time, it would have to be in person. Vice Chair Russell: Can you walk me through why we cannot do a shade meeting under the Gov-- have through Zoom? City of Miami Page 3 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Ms. Méndez: It does not quality based on the technical aspects of it. We would basically have to have the whole IT (Innovation and Technology) Department in with us, and they're not allowed in a shade meeting. So we just can't logistically do it. Vice Chair Russell: Okay, so we're allowed by statute to do it. We could have a Zoom -- there's nothing that says our shade meetings have to be in person, is there? Ms. Méndez: No. Vice Chair Russell: Because we don't vote on anything. Ms. Méndez: Logistically -- right -- we cannot have it. Vice Chair Russell: So is there a reason we need IT involved if it's just a Zoom meeting amongst the five Commissioners, the City Attorney's Office, the City Manager's Office? Ms. Méndez: I do not feel comfortable having a shade meeting through Zoom. Vice Chair Russell: Because the other -- the alternative is for us to have the strategic discussion on the dais, which has its disadvantages from a legal perspective, but maybe there's no disadvantage to it. So I'd like to do one or the other. If we can't do a shade meeting, I'd like to have the discussion on the dais so that the Administration could present to the Commissioners all of their findings with regard -- now, obviously -- and that is up to you. I think we could figure out a shade meeting, given some time, and I understand your discomfort with it right now, so I respect that completely. But I don't -- if we're not legally prohibited from doing it, there should be a way logistically for us to figure it out. Otherwise, isn't there a time frame from the judge during which we have to come to some sort of decision? Ms. Méndez: We have a hearing tomorrow. Vice Chair Russell: Right. So then what deferral -- what length of deferral are you requesting? Ms. Méndez: I'm requesting a deferral until next meeting, because I -- honestly, I understand how you feel about this case, but I don't share your sentiment. We've talked about this. With that said, I'm willing to reset it until next Commission meeting in order to discuss with each Commissioner what you're comfortable with in another type of settlement, if it's not the settlement that I am suggesting, which is one that costs the City no money. So with that said, that's why I'm requesting a reset in order for you to listen to whatever additional deep dive situations you think could give you more information that's any different than what -- Vice Chair Russell: Right. Ms. Méndez: -- I've suggested (INAUDIBLE). Vice Chair Russell: So herein is exactly why I would prefer a shade meeting because, for lack of that, we're going to wait two more weeks for another Commission meeting where this comes up. And in between that time, you will make your case to the other Commissioners as to why you believe we should settle, because, from a fiduciary perspective, it's easy to walk away from this. There's no financial harm to the City, and the developer gets to continue what they're doing with small changes. But from a policy perspective, I believe it's completely the wrong thing. And I believe we do have a legal case that we could make, but you're not going to make that case to the other Commissioners if we're not in a shade meeting, and I'm not able to help make that case with them, along with the Administration and all the information that we've been bringing about. And so, that's really the purpose of a shade meeting; for us to sort of just hash it out amongst Commissioners, the pros and cons. You know, if we have a weak case, we can really talk it through, and then we can talk about settlement. But yet on this case. None of the Commissioners have been able to hear each other out in front of City of Miami Page 4 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 the Administration and our legal team to really decide how strong our case is or not. I'm beginning to believe from the discovery that I've seen that we have a case, and I believe we could convince a judge if you believe in the case. It's harder when our own City Attorney doesn't believe in the case, but I think we need to really study it and discuss it. So I definitely agree with the deferral of two weeks, but I think we need to figure out some way to get together and talk about this. That's all. Ms. Méndez: At this time, my marching orders have been to try and figure another solution out, because I know that you and some members of the Commission are not comfortable with just the settlement that I have suggested. So I wanted the additional time in order to propose -- if fiscally advisable, also, by our Administration -- another suggested settlement. Chair Hardemon: Mr. Manager. Vice Chair Russell: Could you -- just a moment -- also work on a strategy through which we could win the case? Ms. Méndez: I can always work on that strategy, Commissioner. Vice Chair Russell: Thank you, because I know you can do it, Vicky. You're a fighter. Chair Hardemon: Mr. Manager. Arthur Noriega (City Manager): Yeah. I would concur with the Commissioner that I feel we need to have a shade meeting, as well. I think we need to work towards trying to come up with a mechanism for that, because I think it would be more beneficial to have this discussion with all five Commissioners at once rather than individually, way more productive. And I think there are nuances to this that need to be talked through, so I would really try to, in any way, shape or form we can, figure out a way to do a shade meeting by Zoom if we can. I would concur. Chair Hardemon: Commissioner Reyes. Commissioner Reyes: Yes. I agree with the City Manager and also with Commissioner Russell. I had a lot of questions when -- during agenda prep about this case. And I think that we should investigate what really happened there, so we avoid any future mistakes like this one. I don't know if we can have a shade meeting in a real large room that we can be six feet apart and wearing our masks. I'm willing to, I mean, be part of any shade meeting, any shape or form, as long as it is not in August. August is our month to be away from here. But I do agree with Commissioner Russell and City Manager Noriega that we should really investigate what happened, and every one of us, we have to be aware that all the -- I mean, and analyze any -- all the steps that were taken and why are we in this predicament right now, so we can avoid it in future dates. Vice Chair Russell: Mr. Chairman. Chair Hardemon: I will tell you this, before you make another comment, Mr. Vice Chairman: I believe a shade meeting is also appropriate. I think we can do it via Zoom, record it, or in person with appropriate distancing and masks. Commissioner Reyes: Yes. Chair Hardemon: I think it's important, because at the end of the day, this will come down to a policy decision, and we have to make a decision about whether or not we do come to a settlement or we bite the bullet and we face the financial punishment of our decision making. And when I say "our," I mean the City of Miami -- Commissioner Reyes: The City. City of Miami Page 5 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Chair Hardemon: -- Zoning, Planning Department, whoever was responsible for the error, because at the end of the day, we have to understand that maybe those individuals who live near that property will not always live there, but the property will always be there and those people who view it will always be reminded of the error that was there. So I think that's a discussion that we have to have amongst each other regarding strategy and if it's appropriate to continue to fight it, to attempt to win it, to settle it, how should we settle it; all those things that we should discuss. So this is an important thing, and you know, this is the type of error that, you know, it seems so unbelievable, but, you know, unbelievable things happen all the time because who would have thought that we'd be in July? Commissioner Reyes: That's right. Chair Hardemon: All right, so Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman, and thank you, Commissioner Reyes. I fully respect the City Attorney's position from a fiduciary perspective. But the case I'm going to make to you as fellow Commissioners is, one, that our exposure isn't as grave as what the worst-case scenario that the City Attorney's Office is proposing if we were to, let's say, lose the case. It's not as bad. But I also want to make the case, especially putting on the record right now as this is going before a judge tomorrow, that I believe this developer has been incredibly deceptive from day one until now, and the fact that one person in one department made an error through their efforts to deceive caused a cascading domino effect. That doesn't say that the City was allowing this or complicit in this, or that multiple inspectors failed in their duties. That's not the case actually is what I'm learning more and more. This is the case of a developer acting in bad faith. This is the game that they play and the money that they risk when they try to press and bend our Code. So I believe that in the end, a judge will see that this isn't about just everyone splitting the baby and going home. This is about setting the proper example for developers who try to violate our Code. And I believe we can prevail. We're going to find all sorts of information that'll be presented to you about the existing structure and the original struct -- the new structure and the original structure that may render both of them actually currently illegal. So we're going to learn a lot and I look forward to that. So I agree with the City Attorney for the two-week deferral as part of the Order of the Day. Ms. Méndez: We're going to request a deferral then for two weeks, and maybe before the end of the meeting, we'll announce some sort of shade meeting before the end of the meeting. I have to read the script. I just need to figure out if we can figure out how to logistically do it virtually, or if it would be in person at City Hall, spaced out. So we'll figure that out before the end of the meeting. Vice Chair Russell: Thank you, Madam City Attorney. Chair Hardemon: Are there any other continuances, withdrawals or deferrals? Vice Chair Russell: Mr. Chairman, would you like to know about pockets at this point or no? Chair Hardemon: Yes, I would like to know about pockets as well, but let me have the motion on the Order of the Day first, the continuance. Commissioner Reyes: Move it. Vice Chair Russell: So moved. I'll second it. Chair Hardemon: It's been properly moved and seconded to defer RE.1. Is there any discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 6 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Chair Hardemon: That motion carries. Let me now have -- Commissioner Díaz de la Portilla: Let me be -- I want to be recorded as an "aye" also, Mr. Chair. Sorry, my (INAUDIBLE). Chair Hardemon: No, no problem. Chair Hardemon: You're recorded. Commissioner Díaz de la Portilla: Thank you. PUBLIC COMMENTS FOR ALL ITEM(S) 7636 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR THE JULY 9, 2020 VIRTUAL CITY COMMISSION MEETING. Chair Hardemon: I'd like to move on to the public comments that are pre-re -- well, I'm sorry -- public comments for anyone that's at City Hall. Is there anyone at City Hall? Manuel Otero (Web Administrator, Innovation and Technology): There's no one at City Hall. We have two callers on hold. Chair Hardemon: Okay. Let's have the two callers first. Mr. Otero: Okay. Call Taker 1, you're live. Unidentified Speaker: Sir, go ahead. You're live with the Commission. Alexis Logan: Alexis Logan, 131 Northwest 15th Street. Unidentified Speaker: Go ahead, sir. You're live with the Commission. Mr. Logan: The question I have is, when are the scooters returning? I'm a veteran and an essential worker at the Veterans Hospital. Not quite sure the City understands how people who don't drive and depend on Miami- Dade Transit services and rideshare services to get around the City. At this point, I called in last month and nothing's been done. I've seen the beaches reopen. I've seen restaurants reopen. I'm just wondering what's going on with rideshare services as far as Lyft. Furthermore, Lyft even gave a service for essential workers to get to work free of charge, but the City of Miami has taken those privileges away. So I'm just -- again, I called last month, and the Mr. Otero: Okay, Call Taker 2, you're live. Unidentified Speaker: Okay, ma'am, you're live now with the Commission. Go ahead. Ms. Iverson: Hello, Commissioners. My name is Elsa Iverson. I live in 1515 Northwest 7th Avenue (INAUDIBLE) but it was (INAUDIBLE). And I think it's very important that law enforcement has the support of the community, and they are reviewed on their behavior against our citizens. It is important to note that they have many City of Miami Page 7 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 responsibilities that are beyond law enforcement, and some assistance with some crisis will be very important for them. I understand that they are overworked and sometimes when you're in a stressful situation, you can react a certain ways that goes against our civil liberties. So please make sure that this pass, because it's important that they get reviewed by our citizens, and I think it will improve the relationship between the community and law enforcement. Thank you for your time. Mr. Otero: Okay. Now we're going to go to recorded public comments. Rachel Silverstein: Hello. Thank you for the opportunity to give this public comment. My name is Rachel Silverstein, and I am the Executive Director and Waterkeeper of Miami Waterkeeper, a local nonprofit dedicated to defending and protecting South Florida's watershed. Our address is 2103 Coral Way. I want to speak today about the Back Bay Coastal Storm Risk Management Feasibility Study by the Army Corps. The study represents a really significant and important occasion to address the really big investments that we need as a community to become more resilient to sea level rise, and of course, to storm surge. However, we have several concerns about what the Army Corps has proposed, which include a 20-foot-high wall in Biscayne Bay, along the Brickell waterfront that would be one mile long and potentially 50-foot-wide that would block the water view. It would create environmental damage. There's other walls also being proposed in the study that would interrupt neighborhoods and literally create areas of neighborhoods across the street from one another and one is in a mandatory -- it would be a mandatory evacuation zone. There are serious environmental, as well as equity concerns raised by the proposal, which seeks to protect the highest amount of property value for the lowest cost, and therefore, ends up putting most of the stormwater infrastructure investments into higher property value areas, which means that socially vulnerable areas are left without the proper investments. We want to correct that by using nature and nature-based features, like living shorelines and coral restoration projects that we feel would create multiple lines of benefits for the community, for the environment, and, of course, for our resilience future. We also would like to see the fortification of critical infrastructure. Some of this is proposed in the study, but they leave out major vulnerable features, like our sewage treatment plants that often have catastrophic spills during storms. Nathan Kurland: Nathan Kurland, 3132 Day Avenue, Coconut Grove. Commissioners, RE.1 has left me as confused as a chameleon in a bag of Skittles. What has happened at 3374-84 Day Avenue is an egregious violation of our City Zoning Codes. Everyone knows that developers, architects, engineers, and surveyors are familiar with setback laws. And make no mistake about it, there was no mistake here. Misrepresentations were made and the setback -- building within the setback was a deliberate act and against the law. And remember, no one is above the law. The logical conclusion for this issue is that the offending building must be demolished. There's no legal -- there is actually legal precedent in the state of Florida for this. In the case of Pinecrest Lakes versus Shidel, brand-new buildings -- which were built in violation of the zoning law -- were ordered by the court to be demolished. The settlement agreement here is a bunch of mystical gobbledygook that offers nothing to the City. Send the message that the City of Miami enforces its zoning laws and will not be manipulated, tricked, or controlled by developers. If these buildings are allowed to stand, you will have set a terrible precedent and shown that Miami places a greater value on pleasing developers than on protecting the public interest. And remember, Commissioners, you were elected to Marlene Erven: Hello. My name is Marlene Erven; address is 3066 Washington Street, in Coconut Grove, City of Miami. I'm calling to give my public comment on Day Avenue settlement. As a lifelong resident and homeowner of the City of Miami, I am outraged at the lack of code enforcement on this project. Correct me if I'm wrong, but aren't my taxes contributing to the salaries of the City of Miami employees who are City of Miami Page 8 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 required to abide by the code enforcement laws because they are the laws? I want to reside in a city that abides by the law and supports residents and not developers. If this project is allowed to remain standing, then it sets a dangerous precedent for future residential buildings such as this. I advocate for the building to be torn down and not lowering our standards to benefit developers. Only this will stand as a deterrent against the ingress of developers seeking to push the envelope to increase the square footage on a residential lot for a profit against our zoning laws. If necessary, the City should pay for this -- demolishing this building atrocity in our neighborhood. I implore all of the City of Miami Commissioners to uphold the law and the will of the people. Figure out a way to get this building torn down. The building is against the law and you are here to represent us, and uphold the law. Thank you very much for your consideration on this matter. It is of huge importance to Coconut Grove and the City of Miami residents. Thank you. Christine Rupp: Greetings, Commissioners. It's Christine Rupp, Executive Director, Dade Heritage Trust, 190 Southeast 12th Terrace, Miami 33131. I'm calling regarding item RE.1, Resolution 7404, and urging the Commission to reject the proposed settlement agreement. The development, which is the subject of the settlement agreement, is illegal. It also is in violation of the language and spirit of the Neighborhood Conservation District legislation which reads that the intent of the NCD (Neighborhood Conservation District) is to preserve unique and distinctive neighborhoods that exhibit a certain defined character worthy of protection, such as the physical features, design characteristics, and recognized cultural or historical identity. The West Grove possesses meaningful architectural and cultural heritage, a beautiful tree canopy that is being erased due to insensitive redevelopment, such as the project that's the subject of the proposed settlement. It is clear that stringent design review and enforcement of the language of the NCD is lacking. Please make the best decision for the residents and voters who are counting on you to mandate that the intent of the NCD and basic building codes are followed to assure a better Coconut Grove for all. Thank you. Lynn Fecteau: Hi. My name is Lynn Fecteau. I live at 2542 Swanson Avenue, Miami, Florida 33133. To the Honorable Mayor and City Commissioners, I'm aware that the Item 7404 in the West Grove over illegal setback is going to be allowed to continue. I and my neighbors and friends are very angry about this. Please don't allow this developer to get away with this. Please prove I have voted for you for the right reason. Thank you. (Audiovisual presentation was made by The Motivational Edge.) John Dolson: My name is John Dolson. I reside at 4205 Lennox Drive, in Coconut Grove. I'm a long-time resident. I'm calling about RE.1, which is, in my opinion, the most egregious and flagrant violation of the City Code I've seen in my lifetime in any city or country I've lived in. That zoning on that house -- which was under a terrible lie to begin with -- doesn't even have room for Fire Department people to get between the houses in the case of a fire or accident. The house that has been built on that property that close should be torn down. There should be no compromise with the City. It's a Rose Pujol: Hello, Commissioners. My name is Rose Pujol. I live at 2455 South Bayshore Drive. I am calling regarding the property located at 3374 and 3384 Day Avenue. This is a situation that must be addressed without a settlement that you have on the table that does not take into account the noncompliance, and permits other developers to come in and do the same thing. This is the reason you have a Building and Zoning Department. And if Paul -- if your inspector made a mistake, then the agreement that is on the table does not address all the issues. Whatever agreement is City of Miami Page 9 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 made, all parties involved should be taken into account. And this agreement leaves the neighbors out. Thank you very much for your time. Rose Pujol. Ms. Christine Rupp: Greetings, Commissioners. Christine Rupp, Executive Director of Dade Heritage Trust; 190 Southeast 12th Terrace, Miami 33131. I am calling today to comment about DI.1, the discussion item regarding the Army Corps of Engineers Miami-Dade Back Bay Coastal Storm Feasibility Study. Dade Heritage Trust urges the Corps to prioritize natural and nature-based features over gray infrastructure. The South Florida coastline was originally made up of mangrove forests and coastal wetlands and significant (INAUDIBLE). And those elements, as you know, have been lost due to insensitive development, urbanization, dredging. Restoring these natural elements will provide an effective and inexpensive way, as opposed to gray infrastructure; a way to protect South Florida's coastal areas from storm risks. Natural infrastructure is being used across the globe as a way to mitigate storm surge and sea level rise. And it must be first -- put first to ensure a healthy marine and coastal environment and to aid in the ongoing and much-needed environmental preservation efforts in South Florida. Thank you. Karl Muench: My name is Karl, K-A-R-L, Muench, M-U-E-N-C-H. My address is 1699 South Bayshore Lane, Miami 33133. I urge you to support the letter by Attorney David Winker and reject the settlement on the Day Avenue item on the agenda. Rachel Cardello: My name is Rachel Cardello, and I live at 2175 Tigertail Avenue. And I'm speaking regarding Resolution 17404, in reference to 3384 Day Avenue. I attended the February 28, 2019 Commission hearing when the NCD proposed changes were heard, and I recently watched the video on the City's website. Commissioner Carollo referenced to the quote made famous by Ronal Reagan by saying, "We have to trust, but verify," and continued to say the Administration today cannot verify. And when you catch someone, they throw out all kinds of accusations and falsehoods, so you can never verify what has happened. We heard a lot during those discussions to just enforce the code we have. There's nothing wrong with it. It doesn't need strengthening, just enforcement. And there was the other rally cry, "Don't take away property rights." So, here we are, nearly a year and a half later, with numerous examples of failed structures throughout Coconut Grove in violation of the current -- on the books today -- NCD Code. We cannot allow it to continue. We cannot just keep accepting the structure kind of meets the Code that the Administration is reviewing for compliance can't quite verify. We have to enforce the Code we have. And if a mistake is made by the City, a builder, or an owner, it must be corrected fully. No project that violates the Code can be allowed to remain, and as a result, depreciate the basic property rights of light, air, and safety entitled to that property's neighbor. Please enforce the Code we have. Do what is right. Reject the settlement before you regarding 3384 Day Avenue. Thank you. Debbie Dolson: Debbie Dolson, 4205 Lennox Drive, Coconut Grove. I would like to comment on RE.1, the settlement of 3384 Day Avenue. At the Commission meeting on May 14, 2020, this agenda item was discussed. I would like to remind the Commissioners of their statements on the record, and urge them to stand by their convictions. Commissioner Russell, you stated, "The problem with the settlement is that we are caving. We are telling our community that we are not following our Zoning Code. We approve things that are illegal, and when we get sued, we are going to let them off the hook. The value of the community and our neighborhood has to do with us respecting our Zoning Code and following our own rules, and we are not." Commissioner Reyes, you stated, "Our system has been played. This is a monstrosity. I will support your arguments, Commissioner Russell, and you are absolutely right. We have to stop this." Commissioner Carollo, you added, "Is there any accountability? No one in the City ever has to pay any price for so-called mistakes. This can't go on any longer in any of our districts." Commissioner Hardemon, you recently posted the City of Miami Page 10 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 following sentiment online, which says it all: "Our community, our city, our home." Commissioners, this is your opportunity to put your words into action. Do not accept Nicholy Huyer: Hi. This is Dr. Nicholy Huyer. I live 244 Biscayne Boulevard, Suite 4908, in Miami. And I'm commenting on the wall that you're -- or someone is suggesting be built down along the bayfront. And I would suggest that maybe the (INAUDIBLE) have other ways to consider water and how to deal with any -- improving the water situation coming into Miami. I would also suggest that a 17-foot wall would inhibit the beautification of our city. Thanks. Casey Dresbach: My name is Casey Dresbach, Community Engagement Coordinator for Miami Waterkeeper. We are a Miami-based nonprofit dedicated to defending and protecting South Florida's watershed through community engagement and advocacy rooted in sound science. Our address is 2103 Coral Way, Miami, Florida 33145. I'm cal Item DI.1. This study represents a significant and important opportunity for our community to leverage billions of dollars in Federal investments. However, I believe in its current state, the study does not appropriately consider routine flooding, environmental justice, or nature-based solutions, like mangrove or coral restoration. As a Miami-Dade citizen living in Brickell, I'm not in favor of implementing a 35-foot seawall, either. As an advocate for our environment and our watershed, I support a plan benefiting our community as a whole, while reducing storm surge risk. Some examples of such plan might include septic to sewer conversion for Little River and Arch Creek, stormwater retention and filtration and living shoreline. I encourage you to please leverage existing community-based resilience plans, such as Resiliency 305 and others. In sum, I believe this proposal includes plans that will not be acceptable for the community, are too harmful to our coastal environment, create equity problems, and do not address routine flooding from sea level rise. Thank you for your time and consideration. Kelly Cox: Good morning, Commissioners. Thank you for the opportunity to comment today. My name is Kelly Cox, and my address is 2103 Coral Way, Miami, Florida 33145. I'm the general counsel for a local nonprofit organization called Miami Waterkeeper, and I'd like to comment today on Discussion Item Number 1. This Commission is going to be discussing the Army Corps of Engineers Back Bay Coastal Storm Risk Management Feasibility Study, and this study represents a more than $4 billion potential investment to address storm surge and related impacts in this County. This influx of Federal funds could really change the face of resiliency projects in our community. However, this proposal is largely lacking in a number of areas, and we're at a critical inflection point to rethink this opportunity into something that would be desirable and equitable for our community. We encourage this Commission to support a locally preferred alternative plan, which should include nature and nature-based features, such as living shorelines, and coral restoration, as well as blended gray-green infrastructure. Many potential project locations exist within City limits, including Virginia Key and Maurice Ferre Park. Such an alternative should include measures to improve stormwater retention, flow infiltration in an effort to mitigate flooding impacts while protecting Biscayne Boulevard water quality. It should also include fortification of our waste water treatment plans, including the central district plant, which is located within city limits. The plan should include septic to sewer conversion, and particularly, in places like Little River or Coconut Grove, both within the City's limits. And finally, a locally preferred plan should include existing recommendations from stakeholder-built plans, such as the Southeast Florida Regional Climate Change Compact and the Resilience 305 initiative, both of which the City has already been involved with. I encourage this Commission to champion a locally preferred alternative for the Back Bay study so that this community may leverage much-needed federal funding to fortify City of Miami Page 11 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 our shorelines, protect our communities, and safeguard our environment and way of life. Thank you. Lauren Paulette: Honorable Commissioners, good morning. My name is Lauren Paulette, and I am a resident at 8976 Northwest 169th Street. I'd like to leave a comment on Item D1.1 \[sic\]. I'm also a BA candidate for Environmental Studies at Johns Hopkins University. I'm worried about the prospects of my future as a Miami resident. In an ideal world, I will have the option to settle down in this magical city and continue residing here with my family for the foreseeable future. However, our city needs to come up with a resilience plan in order to satisfy this need I have. I appreciate your consideration of a plan that will invest billions of dollars into flooding solutions for our community. How our city proceeds with resiliency planning is of the utmost importance to me. However, I am concerned that this proposal does not adequately consider environmental justice or nature-based solutions, like mangrove or coral reef restoration. I'm a firm believer in ecological design principles which try to integrate urban planning with natural processes instead of imposing man-made structures on a complex, natural system. There are several locations in Miami where living shorelines of gray-green infrastructure can be implemented, including Jose Marti Park, Virginia Key and Greynolds Park, to name a few. I encourage you to ask yourself if USACE (United States Army Corps of Engineers) really needs to develop a plan that caters specifically to the short-term interests of real estate investments on the coast. I believe that we need to consider an environmentally friendly solution that meets the long-term needs of an average resident of the city. Our resiliency planning should always recognize how sea level rise affects economically and socially vulnerable communities in Miami. Commissioners, I hope that you will recommend a more equitable distribution of this $4.6 billion investment to support and protect under-resourced communities. Please seek the expertise of environmental groups united with our City for this cause, like the Miami Waterkeeper and The CLEO Institute. Thank you for your time. Melissa Meyer: Hi. This is Melissa Meyer, 3161 Ohio Street, in the Coconut Grove Village West. I'm standing approximately 400 feet from my home in front of 3374 Day Avenue to ask the City Commission today to please do not settle with the developer of this project that is clearly not in compliance with our Building Code, and a serious safety hazard. But we have a couple of other serious violations to point out to you today, because this project that sits on the corner of Perricone Drive and Day Avenue is also not following the Building Code on the side setback. This street, in comparison to Day Avenue, which is 22 feet wide, is only 12 feet wide. So over the course of construction, the street has gotten narrower and narrower. And the size of the project is supposed to have a five-foot side -- room for the five-foot sidewalk in the public right-of- way, plus an additional ten feet before the construction actually begins. So the setback right there is where the (INAUDIBLE) two other projects behind this building (INAUDIBLE) there's two more duplexes that appear to adhere to the building setback from the edge of the road, which is room for a five-foot set -- so I'm going to take a measurement right here to see exactly how far the building is setback from the edge of the 12-foot road, and I see it's only two and a half feet from the edge of the road. So I'm here to ask you today to please insist that this project be brought into full compliance with our laws so we can set a new precedent for the City of Miami. Thank you. John Nordt: Good morning. This is Dr. John Nordt. I am recording this two-minute message for the City Commission on the 9th of July, on 7404 resolution. And I am recommending completely reject any settlement. This is breaking the law. This is setting a lousy precedent for the City to allow developers to control what they want to do. This is clearly bad for neighborhoods. It goes against everything that the City and our neighborhood stands for. And unfortunately, to let it go would just open the door, the nose of the camel under the tent. Cejas -- just because he's not there -- he did work for the City. The City is responsible, and the City should tear the building down. That City of Miami Page 12 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 would set -- send an excellent message to all the other people out there that are doing such scurrilous things as skirti down. Dr. John Nordt, 3580 Royal Palm Avenue, Coconut Grove. I've lived here my entire life. I'm very active in the Grove, and I feel very certain that this should never ever happen again. Abigail Aubrey: Greetings. My name is Abigail Aubrey. I'm a resident at 244 Biscayne Boulevard, in downtown Miami. My comment is in regards to the Army Corps wall study that is happening. Although we do need resiliency measures, what's being proposed is most definitely not green enough. We need to enhance our waterfront, to protect our environment, and to improve the residents' quality of life. So I would encourage the Army Corps to go back to the drawing board and see how they could create a wall that's going to enhance our waterfront, protect our environment, and improve the quality of life for the residents of Miami. Andy Parrish: Dear Commissioners. My name is Andy Parrish, president of Wind and Rain Homebuilders; offices at 3678 Grand Avenue. I am calling regarding Item RE.1/Resolution 7404. I beg you not to enter any settlement regarding 3374 Day Avenue that will leave this blatantly illegal structure standing for decades to come. If you do, then the citizens of Village West Coconut Grove will know that you don't give a hoot about them or their neighborhood. As Commissioners, you do not want to have your names forever associated with a structure that literally anyone driving down Day Avenue will say, "How in the world did that ever get approved?" It is not enough to say it was a series of unintentional mistakes. Your own eyes tell you otherwise. This was no unintentional mistake. It was, at best, the result of a series of grossly negligent actions by one or more City officials. You have the power to order this structure demolished. Please, in the name of justice, see that this monument to greed comes down. Thank you. David Villano: Yes. This is David Villano, and I live at 2453 Inagua Avenue, in Miami 33133. I'm speaking regarding Item RE.1, the Day Avenue settlement. I'd like to encourage the Commission to reject the approved settlement agreement for the Day Avenue property in Coconut Grove. As you may know, the City recently posted a video on its website in which the Planning Department -- Planning and Zoning Department described itself as a, quote, "well-again, quote, "pro development." Well, if that is indeed the case, I would encourage the City Commission to do everything within its power to ensure that this pro-development impulse is expressed by Planning and Zoning in a manner that is both fully legal and consistent with all applicable Zoning and Building Codes. To do anything else would invite plenty more of what the Commission is sadly addressing today; both an outraged community of residents, along with the ever-mounting legal bills being footed by our taxpayers. Please reject this settlement. Glorianna Calhoun: My name is Glorianna M. Calhoun. I reside at 3665 Park Lane, Miami 33133. And I reject the settlement agreement, Resolution 7404, regarding the hideous situation at 3374 and 3384 Day Avenue. This should not be allowed. It's a clear violation of laws. And we're not a rowhouse area. This is -- and it sets a very bad precedent for more development like this to come. This must be stopped and stopped now. It's a clear violation of the law, no matter what anybody says. Thank you very much. Amal Kabanni: Amal Solh Kabanni, President, Downtown Neighbors Alliance; Vice President, 50 Biscayne; resident of 50 Biscayne, speaking on DI.1. Dear City Commissioners, I hope you are all staying safe in these very trying times. Thank you for everything you're doing for your residents. I kindly urge you please to request that the Army Corps goes back to the drawing board in reference to the Back Bay Coastal Storm Risk Management study and come up with solutions that are greener and more aesthetic City of Miami Page 13 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 to the waterfront bay, please. This has a direct impact on the property values, and thus the tax that are being collected by the City of Miami. I appreciate that and God bless. David Winker: I'm David Winker, and I live at 2222 Southwest 17th Street. Behind me is the project at 3374 and 3384 Day Avenue. As you can see, there is a six-inch gap between the roofs of these structures. This project is a safety hazard and an eyesore in the West Grove. We are asking that the Commission not approve the settlement of the lawsuit by the developer who is seeking to complete this project based upon the fact that the project was approved by the City Planning Department and the City Attorney's Office. This settlement would allow the developer to complete the project despite the settlement agreement finding that this is the result of, quote, "misrepresentations contained in the developer's application," close quote. Allowing the completion of this project would set a terrible precedent that could be used in the future by developers. Remember that in the Puerto Rican flag mural case, the Commission allowed the noncompliant mural to remain, because other noncompliant murals were not forced to be taken down in the neighborhood. The approval of the settlement would provide the blueprint for developers that don't want to comply with the Code, who will be able to argue that the law needs to apply uniformly to everyone, and the City is not enforcing the setback rules uniformly on other developers, so why should it apply to them? This was not a mistake. It is not an accident. It was an intentional and unlawful effort by the developer to build an obviously illegal structure. The City should not be settling anything the City enforcing its laws and protecting its neighborhoods. Joyce Nelson: This is Joyce Nelson, 2535 Inagua Avenue, Coconut Grove. I'm calling about RE.1. What has happened at 3384 Day Avenue and other locations in Coconut Grove is a violation of our City zoning laws. Everyone knows that the developers, architects, structural engineers, surveyors and construction companies are familiar with the setback laws. Make no mistake about it, there was no mistake here. Building these houses within the setback was a deliberate act. But it is even done on -- but even if it was done out of ignorance, we all know that ignorance of the law is no excuse. No one is above the law. The logical conclusion of this issue is that the offending buildings must be demolished. There is a legal precedent in the State of Florida in the case of Pinecrest Lakes and Shidel, brand-new buildings which were built in violation of the law were ordered by the court to be demolished, and they were indeed. You need to send a message that the City of Miami enforces its zoning laws and will not be manipulated, tricked, or bullied. This is a golden opportunity to do the right thing and to show the City of Miami is not controlled by developers or money. On the other hand, if those buildings are allowed to stand, you will have set a terrible precedent and shown that Miami places a greater value on pleasing developers than protecting the public interest. You were elected to protect the public interest. This is your time to show everyone that you believe in that. Zelalem Adefris: Hello, Commissioners. My name is Zelalem Adefris. I'm the VP (vice president) of Policy and Advocacy at Catalyst Miami. And we're located at 3000 Biscayne Boulevard, Suite 210, in Miami. So I am calling in regards to the US Army Corps of Engineers Back Bay study. I believe they're giving you a presentation today. I'd like to speak in opposition of this study. They're proposing a lot of gray, you know, cement infrastructure, where the community has asked time after time after time to invest in green infrastructure. In addition, these solutions will not be sufficient to address sea level rise or heavy rainstorms. And so, we sacrifice a lot to invest billions of dollars in something the community has never expressed interest in. I highly suggest that the US Army Corps of Engineers and yourselves push them to go back to the drawing board and to listen to the many plans, the many proposals, and the many meetings that community members have expressed their interest in regards to climate solutions in Miami. All right. Thank you so much. Bye. City of Miami Page 14 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Mr. Otero: That was the end of recorded public comments. We do have one caller left. Unidentified Speaker: Okay, sir. You're live with the Commission. Go ahead. Jonathan Lovitz: Good morning, Commissioners. My name is Jonathan Lovitz with the National LGBT (Lesbian, Gay, Bisexual, Transgender) Chamber of Commerce, 1331 F Street, in Washington, D.C., and also speaking on behalf of the Miami-Dade Gay and Lesbian Chamber of Commerce, at 1130 Washington Avenue. I'm calling in regards to Resolution 8, including recognizing LGBT on businesses and City economic development opportunities. And I wish to thank Mayor Suarez for introducing this important resolution, which mirrors identical policies already in place in Orlando, Tampa and Orange County, Florida, as well as nearly 25 cities and states across the country. This is not about any kind of special treatment or providing an opportunity that is out of order with any other existing policy. It's about fairness and opportunity. Miami is one of the most inclusive and LGBT celebratory places in America, and all we are asking for is a recognition of the business community there as already exists for other diverse communities. LGBT businesses in the United States add $1.7 trillion to the US economy every year and create hundreds of thousands of new jobs. That's what we want to see happen right here in Miami. I want to be clear that this resolution, as I said, does not offer any kind of special treatment or set aside -- and doesn't cost the City a nickel, as this program is entirely revenue-neutral and free of red tape, as has been demonstrated throughout the State of Florida and around the country. What it does is declare Miami as open for business with the LGBT community, which is going to result in a new pipeline of small business owners creating jobs throughout the City. I heard the City Attorney mention earlier that you'll be seeking an external counsel, for example, and that is something that can be sourced directly from an LGBT or other minority-certified business in the region. So this is simply about fairness, economic opportunity, and doing what's right, especially as we're celebrating the wins for workplace equality that were just changed at the Supreme Court, which unfortunately, do not protect small business owners. Florida is one of thirty -- Todd B. Hannon (City Clerk): Sir, your two minutes have expired. Mr. Lovitz: (INAUDIBLE) do not give money to your kind. Well, Miami can -- Mr. Otero: That's the end of public comment. Chair Hardemon: Thank you very much. Public comment has ended. RESULT: PRESENTED City of Miami Page 15 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 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 today? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. END OF MAYORAL VETO(ES) City of Miami Page 16 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 PA - PERSONAL APPEARANCE PA.1 PERSONAL APPEARANCE 7585 A PERSONAL APPEARANCE BY ELVIS CRUZ REGARDING MORNINGSIDE POOL. RESULT: PRESENTED Chair Hardemon: Okay. Now let's move to our personal appearance. Elvis Cruz, PA.1. Elvis Cruz: Can you hear me? Chair Hardemon: Yes, we can. Mr. Cruz: Okay, thank you. Elvis Cruz, 631 -- hang on, hang on. I think you want to see me as well, right? There I am. Commissioner Reyes: Not necessarily. Mr. Cruz: Oh, thank you. Sorry about that. Elvis Cruz, 631 Northeast 57th Street. Good morning. This month marks my 40th anniversary as a civic activist. I've appeared before this body hundreds of times, usually to point out something the City of Miami is doing wrong. Today, I'm here to point out something the City is doing right. Your new City Manager, Art Noriega, looked at the Morningside Pool issue. He read the $35,000 engineering study that recommends fixing the pool instead of demolishing it. He has been pursuing that goal, that logical, common sense, financially responsible goal. Mr. Noriega and Zerry have told me that they're going to repair the existing pool. Hallelujah. Thank you, Art Noriega, for being a force of reason and a breath of fresh air. Commissioners, I appeared before you on January 23 of this year and you voted unanimously to keep Morningside Pool in its current location. Thank you again for that. The Administration had decided to fix the pool two years ago, but then someone came along and said, "No, the pool should be demolished," contrary to that $35,000 engineering study. Unfortunately, that person was the Director of Capital Improvements. But then, fortunately, shortly after Art Noriega became City Manager, that person was no longer working for the City of Miami. I have a dream that one day, the City of Miami will change its long practiced horrible habit of neglecting the maintenance of its facilities. Legion Park's boat ramp has been closed for 11 years. Morningside Park's picnic area restrooms were closed for 10 years. Kennedy Park's restrooms have been closed for 10 years. Morningside Pool has been closed for five years. But now, there's a new sheriff in town. His name is Art Noriega. And so far, it looks like he's going to change the City's awful maintenance habits. That would be wonderful. Now let's talk about money. Zerry said fixing the pool would cost 3.5 million. Steve Williamson said building a new pool would cost 8 million. It's a no-brainer. If you give Mr. Noriega the resources to act quickly, construction to fix Morningside Pool can begin within a year. I'm here today to ask you to support Mr. Noriega and Zerry in their efforts to fix Morningside Pool. A petition with 2,100 signatures and 65 percent of the Morningside survey asked for the pool to be fixed. That's what the public wants. Also, permitting and construction to fix the pool would be much faster than building a new pool and cheaper by half. It would be an economic stimulus for our city sooner rather than later, and the money saved can be used for other projects in City of Miami Page 17 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Morningside Park. Public pools bring communities together, something we need in these politically turbulent times. Learning to swim is a life safety skill that all children should have. Gentlemen, please approve the money needed to get this repair started and completed. It's the right thing to do. If you do that, I am promising you here today on the public record that I will provide the barbecue for the grand reopening. We'll have kosher hot dogs, corn on the cob, baked beans, coleslaw, potato chips, sauerkraut, dessert, the works. Bring the kids and bring your appetite. It will be my pleasure to provide this gift to this wonderful effort. In closing, again, a big "thank you" to Mr. Art Noriega. And please help him fix Morningside Pool. Thank you. Commissioner Reyes: You're going to bring pastelitos de guayaba too? Mr. Cruz: If you want pastelitos de guayaba, Commissioner Reyes, we will have pastelitos de guayaba. Commissioner Reyes: Okay. Thank you. Mr. Cruz: Commissioner Hardemon -- Chairman Hardemon, do you have any specific dessert requests? Chair Hardemon: Pound cake. Mr. Cruz: I'm writing it down now. Commissioner Russell, what would you like? Vice Chair Russell: For dessert? Mr. Cruz: Sure. Vice Chair Russell: I'm an angel food cake kind of guy myself. Mr. Cruz: All right, you got it. Commissioner Reyes: You have the whole spectrum there, right? Mr. Cruz: Yeah. Anybody else? Don't be bashful. Speak now. Chair Hardemon: Consider -- and also, considering the type of event that this would be celebrating, your arguments that you've been making, red Kool-Aid would go well, as well. Mr. Cruz: Cherry Kool-Aid, it is. Chair Hardemon: No, no, it's not cherry. It's red. Mr. Cruz: Red? Chair Hardemon: Red Kool-Aid. Commissioner Díaz de la Portilla: But not blue, but not blue. Commissioner Reyes: Not blue, not blue. Chair Hardemon: Right. It's cherry in the market, but we refer to it as red. Commissioner Reyes: Red Kool-Aid. City of Miami Page 18 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Mr. Cruz: Cherry is red. Chair Hardemon: Exactly, cultural (INAUDIBLE). Mr. Cruz: Okay. Commissioner Reyes: We also refer to it as the red one or the blue one. Chair Hardemon: Exactly. All right, sir. Thank you very much for your comments. Mr. Cruz: Thank you, gentlemen. END OF PERSONAL APPEARANCE City of Miami Page 19 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 RE - RESOLUTIONS RE.1 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. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item RE.1 was deferred to the July 23, 2020, City Commission Meeting. For minutes referencing Item RE.1, please see "Order of the Day" and "Public Comments for All Item(s)." City of Miami Page 20 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 RE.2 RESOLUTION 7487 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT AN Department of ANTICIPATED GR Police FLORIDA, OFFICE OF THE ATTORNEY GENERAL, DIVISION OF VICTIM SERVICES AND ESTABLISHING A NEW SPECIAL -2021 VICTIMS OF CRIME ACT T IN AN APPROXIMATE AMOUNT OF $547,285.00, INCLUDING OPERATIONAL EXPENSES AND TRAINING COSTS, WITH MATCHING FUNDS IN AN APPROXIMATE AMOUNT OF $136,821.39, TO CONTINUE FUNDING EIGHT (8) FULL-TIME ADVOCATE POSITIONS; ALLOCATING MATCHING FUNDS FROM THE MIAMI POLICE DEPARTMENT'S OPERATING BUDGET, ACCOUNT CODE NO. 00001.191002.512000-524000; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. ENACTMENT NUMBER: R-20-0191 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Chair Hardemon: So now we're going to continue on with the agenda. We have an RE (Resolution) agenda. Is there a motion to approve the RE agenda? Commissioner Díaz de la Portilla: So moved. Chair Hardemon: It's been properly moved; seconded by the Chair to approve RE agenda. Is there any discussion whatsoever? Vice Chair Russell: Yes, Mr. Chairman. Chair Hardemon: You're recognized, Mr. Vice Chair. Vice Chair Russell: On RE.3, I just had a couple questions for the Police Chief before we vote on the item, if he's available. And then on RE.7, I have some concerns regarding the in-person meeting for September. And on RE.8, I would like to be listed as a cosponsor, if I'm not already. Jorge Colina (Police Chief): I am available, Commissioner, to answer any questions. And good morning, Mr. Manager, Mr. Mayor, and all our electeds. Vice Chair Russell: Thank you. Chair Hardemon: Good morning. City of Miami Page 21 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Vice Chair Russell: Mr. Chairman, if I may? Chair Hardemon: You're recognized. Vice Chair Russell: Thank you. Good morning, Chief. I understand this is with regard to the receiving of funds from the Wynwood BID (Business Improvement District) to implement the security system with regard to the cameras. Can you help put on the record your philosophy and policy of how these cameras will or will not be used with regard to the protection and privacy of our residents and visitors? Mr. Colina: Sure. So like we use with all our technology, Commissioner, our approach here is one that is passive in nature. We're not tracking where people go. We're not interested in following patterns, for example, of where people dine. This is solely for the prevention of crime, number one, because that's what we'd like, is the absence of crime. And so, we like to tell people we have cameras here. You should know that, so follow the law. And then number two, if a crime did occur, then that's when we use our technology to help us identify who committed the crime and try to arrest that person, obviously, as efficiently as possible, so they don't go out and victimize more people. We have solved murders and many crimes because of the technology that we use. And just to give you an example, Commissioner, yesterday in the West Grove, there was a shooting where a person was shot. That person returned fire and grazed a 3-year-old child in a vehicle. We were able to pick up that vehicle with our cameras and our technology, identify the shooter. We have since recovered that vehicle, critical evidence, and are now in the process of finding the shooter, who we know who the shooter is. It's just an example of how powerful and how important it is for us to have this technology. Vice Chair Russell: Thank you, Chief. Will there be any sort of facial recognition utilized with the system or anything like that? Mr. Colina: No. So the only time that we use facial recognition -- we do use that technology, and I know that this has been controversial in other cities. What we did, Commissioner, is that we looked at those other cities that had issues, learned from their mistakes, adjusted our policy to make sure that we have every safeguard in place so that this technology isn't misused or abused. We only use facial recognition technology as a lead to be able to help us identify who might have committed a crime. We don't use that for any other purpose. As a matter of fact, we own the data that we store, Commissioners. So we've shifted from companies that do both private and public business to companies that only do government business. And we own our images. We own everything that we record here, and we don't share that or sell that information, obviously, to anybody. And these are some of the things that we've put in place. We've met with the ACLU (American Civil Liberties Union). We've met with many different groups that have had concerns and have actually implemented a lot of the safeguards. So there needs to be a lead. It'll only be used as a lead. It needs to be documented why we used the technology; what is the case number, what's the reference, who used it, very limited in how many people use it. We're very careful, because we recognize how our residents and our citizens are weary of these types of intrusion. And so, we take that very serious. Vice Chair Russell: Thank you, Chief. Mr. Chairman, on the other item, RE.7, could we have a little discussion regarding the public meeting proposed at Artime Theater? Chair Hardemon: Yes, you may. You're recognized. Vice Chair Russell: I have a couple of legal questions with regard to that meeting. Let's say, for example, our infection rate increases, our hospitalization numbers City of Miami Page 22 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 increase, we start -- we see the crisis worsening, let's say, hypothetically in September. Can we shift at that time and have a virtual meeting considering that the Governor extends his order? Or are we bound to an in-person meeting based on this resolution? I want to make sure we have that flexibility. And if that involves a floor amendment now, I would ask for that so that any Commissioners who aren't comfortable being in an enclosed space with a public meeting could attend virtually and any residents would still be allowed to propose comments virtually, if allowed by the Governor at that time. Victoria Méndez (City Attorney): Chairman, if I may? Chair Hardemon: Please. Ms. Méndez: We would need to amend this resolution in order to allow for that flexibility if you wish to have a virtual meeting. We would have to amend this. Vice Chair Russell: Madam City Attorney, do you have any language prepared that would allow, not a complete binary all or nothing virtual or in person, but potential for anyone who wishes to attend, including Commissioners, to do so virtually? Ms. Méndez: Give me one moment and we'll get you that language. Vice Chair Russell: Thank you. Ms. Méndez: Was there another issue that you wanted to discuss? Commissioner Díaz de la Portilla: I have a question. I have a question. Chair Hardemon: You're recognized, Senator. Commissioner Díaz de la Portilla: City Attorney, can we do that if the Governor has not extended the ability to hold these virtual meetings -- our ability to hold these virtual meetings? Can we now do something today before he does that? Ms. Méndez: We would obviously make it contingent on that extension. Otherwise, you need to have -- Commissioner Díaz de la Portilla: I thought you didn't like anything being contingent on anything else. Ms. Méndez: I don't, but unfortunately, you all don't listen to me. But we would have to -- Commissioner Díaz de la Portilla: So sometimes it's good -- sometimes it's good, sometimes it's not good, right? Ms. Méndez: No. We would -- I mean -- Unidentified Speaker: It's legal. Ms. Méndez: We would have to make it contingent; that's the only way, because you're absolutely right. If they are not extended, you have to have quorum. So you have to have quorum at least of three. I think that we would be able to have a quasi- virtual meeting with just a quorum of three and then everything else being virtual, because of the extenuating circumstances and some people cannot come because of COVID. But it would -- so those are all the things that you would take into play. You could do a quasi-virtual. We don't have to change that, because you would still have quorum. So that, we woul City of Miami Page 23 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 potential for a virtual meeting, we just have to make it contingent on, obviously, the Governor still extending his order, and we need to make this amendment to this particular item (INAUDIBLE) to do it. Chair Hardemon: So help me understand. I just want to be clear. Typically, everyone would need to be in the place. You would need to have quorum in a place, especially on decision-making items, if you were to take someone's vote, you know, remotely. You would -- Ms. Méndez: Correct. Chair Hardemon: -- everyone for quorum had to be in place, so the deciding vote could not be someone who was -- let me not put it that way. Let me not complicate it any further than what I just said. Ms. Méndez: You need quorum. You need quorum. You need three. Chair Hardemon: So right now with the way that it's set up, you don't have to be in any particular place. Ms. Méndez: Correct. Chair Hardemon: (INAUDIBLE) quorum can be set up virtually. Ms. Méndez: Right. Chair Hardemon: But then the question would be, in relation to this meeting that we've set, where we intend to have persons in person, can we still just have the virtual requirements apply, which is if one or two Commissioners decide to be in that space, that's the space that they are in, and then the other Commissioners appear virtually? Because even if the Commissioners are in a space -- for instance, right now, I'm in my office. But if I were at that space, if I were at the Manuel Artime Theater right? -- and I was still virtual, you have people who are speaking that are present. But then I' Ms. Méndez: So there's -- I think we're talking two different things. And I just want to clarify. The Governor's order allows for no quorum, okay? If the Governor's order does not exist, we have to have quorum, so that's one issue. Vice Chair Russell: Physical. Ms. Méndez: Physical quorum somewhere that we have to designate. Then the other issue is, without the Governor's order, we just need the physical quorum at a location. That's -- if we want to have a virtual meeting -- assuming that the Governor's order exists, not taking into account any quorum -- we need to amend this resolution to state that; just that we will have either a meeting at Manuel Artime, or a virtual meeting via City Commission, based on the Governor's order. So those are your two options; other than having physical quorum of three, and then you could do whatever you want for the rest. Depend -- whether there is a Governor's order or not, and that's just based on the Attorney General's opinion that says, you know, absent this Governor's order, you cannot have virtual meetings, period. So that's where all this is coming from. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Yes. City of Miami Page 24 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Vice Chair Russell: Madam City Attorney, what is our time frame for making this decision? Do we need to do it this early leading up to the September meeting? Because there's so many variables we don't know between now and then which would -- I mean, may deem it unsafe for us to get together. I miss my fellow Commissioners, but I do not want to be in a room together with all of us at this time. I just think it's not safe for us, nor the public, and I don't think we want to set a bad example. Ms. Méndez: The only time frame we have is that we don't have any August meetings, so we would have to discuss this or at least by the next meeting so you could have that first September meeting, because we have to set the resolution with the location, and that's what we're doing. Vice Chair Russell: Could we defer this item until the second meeting of July, just to -- Ms. Méndez: Yes. Vice Chair Russell: -- study a little further and be careful? Ms. Méndez: Yes, we can. Vice Chair Russell: And I know this isn't my item, so I'd like to defer to the Commissioners who are proposing the meeting. Ms. Méndez: We have to do it at least 30 days before that meeting. Then that would be the next one, because we don't have an August meeting. That's the issue; to set the location. Chair Hardemon: Senator, you're recognized. Commissioner Díaz de la Portilla: I would just concur with Commissioner Russell. We defer till the next meeting, and we'll have a better lay of the land by that time -- right? -- what the Governor has done or not done, whether he's extended it, and we'll have a better idea what to do at that point, and where we are with the current crisis. Ms. Méndez: The only other issue -- Commissioner Díaz de la Portilla: So I move that we defer. Vice Chair Russell: I'll second that. Ms. Méndez: -- is that budget item -- if Chris Rose can advise if that budget item can also be reset. Commissioner Díaz de la Portilla: Well, I don't know if I can move, because I think we have a motion on the floor; right, Mr. Chair? Your motion to accept the whole RE items, right? Chair Hardemon: Well, the -- I would consider it a superseding motion so you can - - \[Later\] Mr. Colina: Mr. Chairman. Chair Hardemon: You're recognized, sir. City of Miami Page 25 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Mr. Colina: Sir, just in passing the Wynwood BID (Business Improvement District) item, I want to publicly thank the Wynwood BID and these two donations that they've made last year and this year. That's $300,000 in taxpayer money that isn't needed to help keep the City safe and keep its residents safe, and its visitors. And I think it's important to recognize that there's private entities that are willing to assist us in our function and in our charge. And so, I want to publicly thank them for the contribution that they've made, and I'd like to publicly thank you and the rest of the electeds for supporting this, and supporting us in the Police Department in really many different ways. I was notified probably an hour ago unofficially -- we expect the official letter to come soon -- but I was notified by Corey Sanders, civil rights attorney for the Department of Justice -- that we are no longer under a monitor; that the City of Miami has been lifted. As you recall, the City of Miami Police Department came under investigation by the Department of Justice in 2012 after a string of controversial shootings back in 2010 and '11. We're no longer under that investigation. Department of Justice has determined that our practices and the way that we function, and our policies are now models for many other agencies. I think it's important to note that there are many departments across this country that have been under monitors for many years, well before us and continue to be. And we were able to achieve this with the help of many people, including our electeds, who have supported us and all the different reforms and the changes and the technology, and the things that we've been able to do here to be a better police department. So thank you, Mr. Chair, our City Manager, our Mayor, and all our Commissioners. I think this is a proud day in the City of Miami, and I want to thank you all. Commissioner Reyes: Mr. Chair. Chair Hardemon: You're recognized, sir. Thank you, Chief. Commissioner Reyes: Yes. I have a couple of questions on RE.8 that I wanted to be clarified, and I will add some language to it, if it is accepted, because my main concern is that every time that we legislate and there is any legislation that we pass, it could have future consequences. And I don't -- what I don't want to do is I don't want to open up a Pandora's box over here. And although I want to make clear that I fully support the decision of the Supreme Court -- the recent decision of the Supreme Court that -- I mean, it forbids any kind of discrimination based on sexual preference, and I think that I share the victory that the LGBT population -- I mean, they obtained, because I think it's real -- it is fair and justice has been done. Having said that, I have always been in favor that our procurement process be sexless and colorless, and we shouldn't have any type of discrimination based on any sex orientation, sex, and color, prejudice of origin, ethnic, or religion. I do agree with that, and I totally support it. But in this resolution, I see some things that -- I mean, not that I am against the resolution that we recognize that everybody should be treated equally, but I think that we are making some differences here. I -- one thing that I would like to ask is that the reference to minority and women-owned business program be removed, because that was repealed in 2008. It was repealed. I mean, you cannot use -- that is not used anymore. Also, I have a little problem with the tracking system, because if we are tracking a segment of the population, why don't we track another segment of the population? And right there -- then and there, we are differentiating between different people in the population. Why don't you track the Afro-Americans that have been - or the women, or the Hispanics? Or how about somebody that is from another -- I mean, or from a religion, somebody that has a certain religion that says, "Well, I feel discriminated." So I think that by having a tracking system, we are opening ourselves -- I mean, the City is going to open up to other people demanding that they want to be tracked, also. That's one thing, okay? And I will ask that we add a sentence that says that -- is clearly stated, because I don't believe in preference or set aside -- that does not create a preference or set aside, because what I don't want to do is to open ourselves to further -- I mean, City of Miami Page 26 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 requests from other groups to be also -- request set-asides, also. And then, the whole purpose of making our procurement process totally colorless and sexless, it will be totally defeated. I mean, we are violating our own policies. And also, the scholarships shouldn't -- also should be a line that says that scholarships are not to only concern about it, and I respectfully request from the Mayor that those minor changes be made in order for me to be comfortable and not afraid that, in the future, this will create a problem for the City of Miami. When we do something or when we create laws and we make a decision, we should look ahead all the time, because I have seen many, many a times that the past decisions are creating future problems. And that is the only thing that I want to do is to avoid future problems. And this doesn't change at all that we, at the City of Miami, we are demanding that our procurement process be fair for every single person, regardless where they come from, sexual orientation, the color of their skin or any other thing. Vice Chair Russell: Mr. Chairman. Commissioner Reyes: That is my (INAUDIBLE). Chair Hardemon: Vice Chairman. Vice Chair Russell: Thank you very much. Commissioner Reyes, this is actually a really healthy discussion for us to have so we understand what the repercussion of this resolution would be. I'm of the understanding that we would track these, much like finding minority or female-owned businesses in order to power them through the procurement system. And I believe there's precedent for this where you may receive additional points if you are within a certain tracked population who is a business owner applying to the City, because if that's the intention of this, it may actually be the opposite of what you're saying. And I just want to make sure and clear that we're all voting on the same thing here. And if your amendment would reverse the spirit of the resolution itself, we could have an issue. So maybe the Procurement Department could help us clarify this. Commissioner Reyes: Yes. Vice Chair Russell: Or the Mayor, who originally introduced it. But my reading of it, my intention sponsoring it is to identify populations who have been traditionally disadvantaged in the application process, either because they are smaller businesses or of a minority community, or of a community that has had less inclusivity in our programs and less inclusion in our programs that we're giving them some help to make sure they're in the process and at the table. And so, that's my intention in sponsoring this legislation, and I just want to make sure that that's not undermined by the amendment. Commissioner Reyes: Sir, my question is, are we tracking any other type of population or are we tracking -- now actually? We're not doing -- I don't think so. I don't think so. And that is my point. We are not tracking anybody. And what we want to do is to -- and is there --? I mean, if there is proof that anybody -- not all LGBT -- or any type -- any population, any part of any group in Miami that has been discriminated, I totally disagree with it. And then I will propose very strict measures to it. But as of now, I would like to ask Procurement if we have -- or the Legal Department -- have we had any complaints of people that have been -- I mean, denied any contracts, because they have been part of the LGBT population or that they are Cubans or they are blacks, or they are from other countries? If we have that, if that is the case, then I think we should track everybody, you see. But if we are not -- we don't have that -- I mean, we don't have proof that that is taking place, that action is taking place, I don't think that we should start tracking, because then why don't we track everybody? And that also has a financial impact, you see. I mean, City of Miami Page 27 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 believe me, I agree with this. I agree with our whole support of the LGBT population, I mean, in our procurement process and everybody else. I agree with it. I approve and I applaud the Supreme Court for that decision, you see. But what I don't want is to create further problems for the City of Miami, you see. I think it is our responsibility to take care of all our population, but to look ahead what kind of problems we could create. And that's it. The spirit of this resolution is not violated just by saying -- I mean, we are -- as a matter of fact, we cannot create any set aside now, you see. We are not creating -- we cannot create set asides. We cannot create quotas, you see. We cannot create quotas. And what I want is to make sure that we are not opening up a Pandora's box. That's all. I mean, I have nothing against this resolution. I totally support it. But those items are the ones that really, I mean, make me think that it could be a future problem for our City. And I think it is my duty as an elected official, not to look at the present, but to look at the future. What's going to happen in the future, you see? I mean, what could other groups demand if we provide some preferences to one group? It doesn't matter if they came from Cuba, Santa Domingo, or they are Afro-Americans, they are women; it doesn't matter -- or they are from different religions. I don't care. The thing is that we have to be fair. We have to be colorless and we have to be sexless, and the dealings of the City of Miami should be like that. And by making a distinction, then I think that we are violating the principle of being totally inclusive. That is my problem. And it doesn't -- I mean, I don't think that it's going to create any -- I will say, effect, a negative effect of this resolution. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized, sir. Vice Chair Russell: Is Director Perez available? Annie Perez (Director, Procurement): I'm here. Can you hear me? Vice Chair Russell: Good morning. How are you? Ms. Perez: Good morning, Commissioners, Chair, Vice Chair. Vice Chair Russell: Have we tracked in the past any particular group and have we ever offered additional points on a procurement for a minority-owned business or anything like that? Ms. Perez: So, in the past, before my time at the -- my tenure at the City, there was a minority program. And as Commissioner Reyes alluded, in 2008, there was a Federal court case against Miami-Dade County. And what the results of the case -- and Victoria can jump in -- were that in order for you to have a minority program, you would have to do a disparity study, a very extensive disparity study, and you would have to show unequivocally that there is disparity. The School Board, for example, has done that successfully. When that Federal ruling came down, my understanding is the City did end its program, because, you know, obviously, if the County was found -- our program mirrored the County's program. So after that, we have not had any programs as -- that tracks or has any special points for minority businesses. Vice Chair Russell: Through the Chair. And did we do any disparity study? And so you're saying, we did not do a disparity study following that, and we have disbanded any preferential treatment on procurement for minority applicants? Ms. Perez: To my knowledge, yes. City of Miami Page 28 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Vice Chair Russell: So from your understanding -- Ms. Perez: A disparity study is a very -- Vice Chair Russell: -- of that -- then this could actually be a legal question as well. Would this resolution fall under that same category where it would need a disparity study? And the reason -- here's where I'm going with this. I agree with Commissioner Reyes that we should be colorblind to things. We shouldn't have to create preferences or additional points for any particular community. But we can't be blind to the fact that there are groups that have had a disadvantage in applying. And so, helping them would be the right thing to do. Now, the only way to quantify that would be through that disparity study. And I'm confident that that disparity study would show that the majority of applicants that are winning RFPs (Requests for Proposals) with the City are not owned by minorities, and certainly not LGBT- owned or female-owned businesses. So, I would -- you know, if that study's necessary before passing a reso like this, I want to make sure we do it in the right way and order so that it would survive any challenge and it's done in the right way, not just on a whim, and not from a political urge; that we are recognizing there is a disparity, and we're trying to address that disparity. Commissioner Reyes: I could support that. Vice Chair Russell: Because I believe that there is and we would see that. Commissioner Reyes: I could support that. I could support that. And what I want to do it, I want to do it the right way. And I don't want this to be challenged in court or anything. What I want to do it is, do it the way that it should be done. If a disparity analysis -- I mean, study should be done in order for us to be within the frame of the law, let's do it. Chair Hardemon: So -- Commissioner Reyes: Let's do it. Chair Hardemon: -- -- -- what it says is that the Miami City Commission directs the City Administration to provide LGBTQ (Lesbian, Gay, Bisexual, Transgender, Queer/Questioning)-owned businesses with training programs and services consistent with those offered to minority women and veteran- owned businesses in the City to ensure such businesses are familiar with how to do business with the City, and are informed about the procurement opportunities. That language, I don't believe, touches anything that, say for instance, a disparity study would be consistent with. That language is more so saying that include these people so that they understand how the procurement process works, that they are brought into the fold when it comes to training, how to apply, things of that nature. That's what that says. \[Later\] Chair Hardemon: But I want to make clear that this resolution, Commissioner Reyes, is not equal to what you stated on the record earlier. So it's not -- this resolution is not something that gives LGBTQ people a greater opportunity than anyone else. That's not what this -- Commissioner Reyes: No, no, no, no, no, no, no. That's not what I'm saying. Chair Hardemon: Hold on. What I'm -- City of Miami Page 29 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Commissioner Reyes: That's not what -- Chair Hardemon: Okay, but let me be -- Commissioner Reyes: Sure, sure, finish. Chair Hardemon: All right. So what this resolution does, it does develop a database and registry of LGBTQ-owned businesses that are 51 percent or more owned by LGBTQ individuals, which I think is a -- you know, is somewhat of a challenge anyway, because not everyone identifies with LGBTQ all of their life or maybe all of their business life. They may come into that understanding later on in their life. But nonetheless, that's what it does. And it really puts the onus on the NGLCC (National LGBT Chamber of Commerce) to provide -- to create the scholarship. It's not the City of Miami dollars or anything of that nature. So the City is not, I mean, making funds or any funds in doing that. So, go ahead, Commissioner Reyes, and then I'll call on -- Commissioner Reyes: Yes. I'm not saying that we are -- I mean, what I'm stating here is that by tracking and by keeping -- having a difference on what -- I mean, how the -- Chair Hardemon: How they identify. It may cost us money. Commissioner Reyes: No, no, no. It's not going to cost us money. The thing is, once we start tracking a certain group, why don't we track another group? That's my problem. And if this type of study have to be done, and we have to prove that there has been discrimination or there has been -- some group has been left out of obtaining some projects and Procurement is using some type of system that favors one over the other, I think that we should analyze that before we go into this. And not only Afro-Americans, also Hispanics and every other kind of population -- part of our population in the City of Miami, you see. If projects are not awarded according to the qualifications of the applicant, and it is based on different -- I mean, I would say favoritism, you see, that should be stopped, whoever is getting that, those projects. What I'm saying is that we shouldn't start at this time creating a system that is going to -- I mean, particularly is going to be for a certain population instead of a system that will benefit the whole population. That's all -- the only thing that I'm saying. I'm saying, let's not be -- and let's create a different category now, you see? If we are creating a different category, why don't we create all the categories? And anybody from any other -- I mean, maybe different religions, a different faith will Chair Hardemon: Right. -- Chair Hardemon: And I -- your argument, you know, kind of is like an "All Lives Matter" argument in a way. It's like all businesses matters, so I understand what you're saying. The one thing I will say in regards to this is that this -- the tracking, however they choose to do it -- say for instance it's a box that they check when they you know Bisexual Transgender, Queer/Questioning, Intersex, Asexual) majority-owned business?" I mean, that -- it could be as simple as that. The one thing I will say regarding this is that -- Commissioner Reyes: But that creates a difference, sir. That creates a difference. Why do we have -- then why don't we have another box that says, "Are you from the Bahamas?" And another one, "Are you from Latin America?" Another one that says, "Are you Afro-American? Are you Haitian? City of Miami Page 30 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Chair Hardemon: Typically -- right. Typically, I mean, black-owned businesses kind of fall into all those different categories, with like Bahamian, Jamaican, things of that nature. Commissioner Reyes: Yes, I know. But what I'm saying and some people (INAUDIBLE) -- Chair Hardemon: The one (INAUDIBLE) I'll say that -- Commissioner Reyes: We are creating a classification. We are creating a different classification now (INAUDIBLE) -- Chair Hardemon: Right, but the one thing I'll -- Commissioner Reyes: -- group of human beings. Chair Hardemon: -- the one thing that I will say regarding it is that I've seen in other areas, in other municipalities, such as Miami Beach, for instance, that they use statistics about LGBTQ businesses to actually -- to promote their city, and to promote the areas, and to encourage tourism for those areas. So I think it could directly relate to a benefit to our city by encouraging people to visit the City of Miami, by encouraging people to see the different type of -- I'm just saying that it's a real thing. Tourism regarding LGBTQIA statistics is very real, and I've seen it. I've sat on the GMCVB (Greater Miami Convention and Visitors Bureau) now -- well, (INAUDIBLE) sits on it now, and he'll see that on Miami Beach that is one thing that they actually promote, and it helps bring in additional dollars. Commissioner Reyes: What happens if there is a company that is owned by a member of the LGBTQ group and they don't want to disclose that they are part of that community? Chair Hardemon: They don't have to. Commissioner Reyes: And then they -- They will be in a disadvantage by not checking on that box. And if you're checking on that box what? -- it's going to give you an additional benefit? That is the problem. That is the problem that I don't want to create, you see. Chair Hardemon: No, I fully understand, but this legislation doesn't give them an additional benefit. Annie Perez and then the Vice Chairman. Commissioner Reyes: That's why my -- what I was proposing, it is a line that says that this not -- doesn't create any preference or -- I had it around here. I don't know where I placed it -- but it doesn't create any benefits or -- you see, this reso does not create a preference or set aside. That's all. Ms. Perez: If I may, Commissioners. So I've given -- so I believe the spirit of the legislation is to track and see how many LGBTQ businesses are out there. So I've given it a lot of thought the last 24 hours, and there is a way that we could track it without having to be intrusive, and ask them to check a box. What we could do is work with the National Chamber. They also have a Miami chapter, work with the Miami chapter. And perhaps, every three months, we can get the list of certified businesses and see if any of our awardees are on that list. The other thing I would proffer is to work with the two chambers, both the national and the local, to be able to get a list and contact information, invite these firms to our -- we do a lot of how to do business with the City of Miami seminars and things like that. I would love to invite them to be part of that. Invite them n the BidSync forum -- invite City of Miami Page 31 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 them to register for free on BidSync so they're aware of all of our opportunities. And we're also working with Amazon on a local seller program for those businesses here, how to become sellers on Amazon. We can invite them to that, as well. So that's what I proffer, thinking that, you know, the spirit of the legislation is to track and to see. Commissioner Reyes: Okay. But that's the problem, because that is what when I see, I know. And I have a lot of friends that they are members of LGBT and they have companies, and they go to all those seminars. And if you're going to make a special seminar for members of that community, then why don't we include everybody? I mean, when you are offering a seminar, it should be inclusive and I believe that being inclusive is, as I say, colorless, colorblind, and sexless. That's what I am we are trying to achieve with all parts of our community, and that's what I'm saying. You are going to have Ms. Perez: Commissioner, if I may? Commissioner Reyes: -- you're going to have a different seminar for this part of our community instead of having a seminar for everybody. And you invite everybody Ms. Perez: No, Commissioner, that's not what I'm sorry, Commissioner. That was not my intent. We hold these vendor workshops all the time. Commissioner Reyes: Okay, good. Ms. Perez: We invite the small we have a relationship with the Federal Small Business Administration. We invite everybody on their minority list. We also have a relationship with the Miami-Dade County School Board. Everybody on their minority list is invited. We don't exclude anybody. It's just that this would be another group that now we would be inviting Commissioner Reyes: Okay. Ms. Perez: -- like we would any other group. We're very inclusive. Commissioner Reyes: Put it that way. That's what o do I that's what you will invite everybody and you Ms. Perez: Everybody; we don't exclude anybody. Commissioner Reyes: -- with all of the Chambers of Commerces that Ms. Perez: Yes. Commissioner Reyes: -- that exist in the City of I mean, in Dade County. Ms. Perez: And we do have relationships. Commissioner Reyes: Okay. I mean, that is fine, but I don't want and I want to make sure. And I don't care, you see, that I mean, I would act the same way if it is for any other group, particular group. You see, I don't want to create set asides, and I don't want to create differences, okay, and a different category, you see. I am all I mean, I'm behind the decision of the Supreme Court that nobody can and I applaud it, you see nobody can be discriminated based on sexual orientation, and I think that it was long overdue, long overdue. Okay? But what I don't want is to create open a Pandora's Box that then some other I mean, some other people that consider their self or they have different religions or different or they come from City of Miami Page 32 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 different places. I mean, in Asia, you see? I mean the yeah. The Asian Chamber of Commerce, the Latin Americans, or whatever, you see? And we want to be tracked also and all that. I want to avoid that. That is the only thing. It's nothing I mean, I'm not asking for much. The only thing that I'm saying, let's recognize that everybody has to be included. Let's recognize that the procurement process, it is colorblind, colorless, whatever you might call it, and that it is also sexless. Your sexual orientation, it is your problem; it is not the problem of the City of Miami. And you are going to be I mean, you are going to be evaluated according to your I mean, if you are at this moment and we have a bid and you have all the qualifications, and you are offering the best deal for the City of Miami. It really doesn't matter who you are or where you come from. Chair Hardemon: Right. Commissioner Reyes: You're going to be awarded that. That's the only thing that I wanted to Chair Hardemon: And this measure is in alignment with what you're saying. It does not give any additional benefits to people of the LGBT community. Now, the resolution that we're going to have that the City Attorney is going to draft for me regarding potential set asides for (INAUDIBLE) for instance that would actually, the resolution will probably just be about a disparity study. Commissioner Reyes: Yes. That's what I would like to see. Chair Hardemon: Possibly lead to those things. Vice Chairman? Vice Chair Russell: Thank you, Mr. Chairman. And I appreciate you clarifying the language in Section 4, because you're absolutely right; this doesn't expressly confer any advantage to any group. It just makes sure that we're supplying them with the training and availability to participate at the table at this point. Commissioner Reyes: As we do to everybody else. Vice Chair Russell: So I don't think -- so I'm -- I do believe it addresses Commissioner Reyes' concerns, and I don't think it needs any amendment and I'm ready to vote on it. For your other item, Mr. Chairman, I wanted to ask if you are also including in the -- you're seeking a disparity study, and are you also including the LGBT group? Because you mentioned minority and women-owned businesses. Commissioner Reyes: I think that we should be included everybody. Everybody should be -- the question, it is, has anybody left be I mean, is being left out because of sexual orientation and I mean, and place of origin and race, whatever, okay? Chair Hardemon: I'll talk to the -- Commissioner Reyes: It have to be everybody. Chair Hardemon: -- City Attorney regarding the language necessary for the next item. Let's not necessarily talk about it right now, because it's really about a direction. But, of course and this is about ensuring that people who have been disadvantaged have an opportunity to participate. So I don't know exactly who that is. I am very aware that it is minority, black men and women -- I mean, minority, women, black-owned businesses, things of that nature. But I'm not sure if it is to be expanded to other folk because the one thing that I've learned through all of this, you City of Miami Page 33 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 can hide whether or not you are gay, you are tran -- or whatever letter you identify w been able to hide -- Commissioner Reyes: Is your color. Chair Hardemon: -- is that I'm a black person. Right. But that's typically the reason that a lot of these businesses were disadvantaged in the first place. And so, you know, I don't want to get to that just yet because that's crossing the river without a bridge. Commissioner Reyes: Crossing the bridge before getting to the river. But I do agree with you. We might need that type of analysis and type of study. But the only way that I will vote in favor of this is if it is specifically -- I mean, I am assured that this is not going to create this tracking system. I will not vote for it, you see, as long as it's there. I don't think that we should be tracking anybody. And if we start tracking one group, we should be tracking everybody else. Because I know if right now if there had been discrimination -- and I'm not wanting to be agreeable to you, Mr. Chair. If it is a group that had been heavily discriminated through history, it has been the Afro Americans or the blacks. Okay? And if we are going to be tracking, they should be included also in that tracking and that's what I don't want to do. I mean, what I want to do is create a very inclusive system that we don't need all this tracking. And people and companies are going to be judged according to their qualifications. It's just like when you're getting a job; you should be qualified. And according to the qualification and meeting all the requirements of the -- that are being stated by the recruiting department. That's what I want. If we're going to be tracking, why don't we include the Afro Americans because if it is -- and I -- listen, I'm not trying to be agreeable with you and anything but Chair Hardemon: No, I realize that you're not, Commissioner. I mean, I don't have an issue. Commissioner Reyes: And I'm stating a fact. I'm stating a fact. Chair Hardemon: I don't have an issue. With the type of (INAUDIBLE) that we have here, I don't have an issue tracking other Commissioner Reyes: Okay. Let's track all everybody then. If we're going to track one, we track all of them. Chair Hardemon: Well, that's I mean, that's something for the City Administration to do. It doesn't necessarily -- Commissioner Reyes: Okay. Chair Hardemon: -- require a resolution. Commissioner Reyes: But if we're in a resolution, we are giving an order. Well, that's what we're doing. We are telling giving a directive. You are going to track this group. Well, how about the other groups that have been traditionally discriminated? Chair Hardemon: Right. So I would accept the reso I mean, I would accept an amendment to include tracking other groups, as well. Commissioner Reyes: Absolutely. Then I will and also that also, I want to make sure that this does not create any set-aside -- City of Miami Page 34 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Chair Hardemon: It does not. Commissioner Reyes: -- or any preference. Chair Hardemon: No, it does not. Commissioner Reyes: Okay. So you include that we're all going to be tracked. Chair Hardemon: Right. So I want the record to reflect that where I believe in Section 2, where it says to develop a database of registered LGBTQ-owned businesses as those owned by 51 percent or more, blah, blah, blah -- Commissioner Reyes: By minority. Chair Hardemon: -- that it also includes other groups, and I'll allow the Administration to kind of define what those other groups are. Commissioner Reyes: Define the other groups. You see, it be women, would be blacks, will be Hispanics, will be Asians, will be Chair Hardemon: I mean, all of that is good information, because of what it could do is show you the true disadvantages that many groups have, so. Commissioner Reyes: Okay. Todd B. Hannon (City Clerk): Mr. Chair, my apologies. So that's an amendment to RE.8; correct, sir? Chair Hardemon: That is an amendment to RE.8, yes. Mr. Hannon: Yes, sir. Chair Hardemon: Is there any further discussion? Ms. Méndez: To track other minority groups, correct? Chair Hardemon: Track other groups. Ms. Méndez: All other minority groups? Chair Hardemon: Yeah. Ms. Méndez: Just to have -- ? ight? Commissioner Reyes: Yes, that's right, it is. Specify the groups. Chair Hardemon: Hispanics are a majority minority; that's why I said if you put other groups, then you further define it. Commissioner Reyes: And in the United States, sir, we are the majority now, majority group. We have (UNINTELLIGIBLE) over 20 million. Ms. Méndez: All right. So we'll let the Administration define those groups then. Commissioner Reyes: Okay, absolutely. City of Miami Page 35 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Chair Hardemon: Thank you very much. Any further discussion on the motion on the floor? What's left is RE.2, RE.3, RE.4, RE.6, and RE.8. Commissioner Díaz de la Portilla: Mr. Chair? Chair Hardemon: RE.5 and RE.7 were deferred. You're recognized. Art Noriega (City Manager): Mr. Chair, may I ask that we revisit RE.5? Chris has something he wants to further explain on that item relative to timing. Chair Hardemon: What is it you have to say about it, Chris? Okay, but first -- Commissioner Díaz de la Portilla: I think we need to reconsider Chair Hardemon: Yeah, yeah, yeah. I'm right -- you're right, Senator. Let's handle our motion first. So that's the motion that's on the floor right now. All in favor, say The Commission (Collectively): Aye. Mr. Hannon: Mr. Chair, my apologies. Chair Hardemon: All against? Mr. Hannon: For RE.2, 3, 4, 6, and 8, the mover was Commissioner Díaz de la Portilla; seconded by Commissioner Hardemon. Commissioner Díaz de la Portilla, you're okay with the amendment to RE.8, correct, sir? Commissioner Díaz de la Portilla: I am. Yes, sir. Mr. Hannon: Okay. And one last thing: Commissioner Russell, Commissioner Carollo, and Commissioner Hardemon will be shown as co-sponsors for RE.8. Commissioner Díaz de la Portilla: And Commissioner Díaz de la Portilla, too. Mr. Hannon: Understood, sir. Chair Hardemon: Alright. City of Miami Page 36 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 RE.3 RESOLUTION 7421 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A SECOND Department of DONATION FROM THE WYNWOOD BUSINESS IMPROVEMENT Police F ONE HUNDRED SEVENTEEN THOUSAND, NINE HUNDRED NINETY- NINE DOLLARS AND EIGHTY-ONE CENTS ($117,999.81) TO CATING SAID FUNDS TO THE MIAMI POLIC SPECIAL REVENUE FUND ACCOUNT NUMBER 12000.191501.466000.0.0 FOR THE PROVISION OF THIRTY- THREE (33) CAMERAS AND ONE (1) LICENSE PLATE READER AS A SECOND PHASE EXPANSION PROJECT WITHIN THE WYNWOOD BID AREA AND INTEGRAAL TIME CRIME CENTER; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO APPROVE THE EXPENDITURE OF FUNDS ALLOCATED TO THE PROJECT AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE DISPERSAL OF PROJECT FUNDS. ENACTMENT NUMBER: R-20-0192 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item RE.3, please see Item RE.2. City of Miami Page 37 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 RE.4 RESOLUTION 7581 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PROVIDING FOR THE ISSUANCE OF NOT TO Department of EXCEED TWENTY-EIGHT MILLION FIVE HUNDRED THOUSAND Finance DOLLARS ($28,500,000.00) IN AGGREGATE PRINCIPAL AMOUNT OF A CITY OF MIAMI (ION NON-AD VALOREM REVENUE REFUNDING NOTE, TAXABLE SERIES 2020 (PORT OF MIAMI TUNNEL PROJECT) SSUANCE OF THE 2020 NOTE; FURTHER PROVIDING FOR A SPECIAL OBLIGATION NON-AD VALOREM REVENUE REFUNDING NOTE, SERIES 2023 (PORT OF MIAMI TUNNEL PROJECT) IN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED THE THEN OUTSTANDING PRINCIPAL AMOUNT OF THE 2020 NOTE HE COSTS OF ISSUANCE OF THE FUTURE NOTE AND COSTS OF DEFEASANCE AND REDEMPTION OF A PORTION OF THE SERIES 2012 BONDS TO BE REFUNDED AT THAT TIME; APPROVING THE SELECTION OF THE PROPOSAL FROM JPMOR PROVIDING FOR THE DIRECT PLACEMENT WITH AND NEGOTIATED SALE OF SAID NOTES TO THE LENDER; SETTING CERTAIN BASIC PARAMETERS OF THE TERMS AND CONDITIONS OF THE LOAN AGREEMENTS AND THE NOTES AND AUTHORIZING THE NEGOTIATION, EXECUTION, AND DELIVERY, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, OF THE LOAN AGREEMENTS, THE NOTES, THE FORWARD DELIVERY, AND THE DIRECT PURCHASE AGREEMENT AND ANY AND ALL OTHER NECESSARY AGREEMENTS, DOCUMENTS, INSTRUMENTS, CHANGES, MODIFICATIONS, SUPPLEMENTS, AND AMENDMENTS THERETO AND IN CONNECTION THEREWITH; MAKING CERTAIN FINDINGS AND DETERMINATIONS; AUTHORIZING ALL REQUIRED ACTIONS BY THE CITY MANAGER, CITY CLERK, CITY ATTORNEY, BOND COUNSEL, FINANCIAL ADVISOR, AND ALL OTHER CITY OFFICIALS IN CONNECTION THEREWITH; FURTHER AUTHORIZING THE CITY MANAGER, CITY CLERK, CITY ATTORNEY, FINANCIAL ADVISOR, BOND COUNSEL, NOTE REGISTRARS, PAYING AGENTS, AND ALL OTHER NECESSARY CITY OFFICIALS TO UNDERTAKE THE NECESSARY STEPS AND TO NEGOTIATE, EXECUTE, AND DELIVER, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, AN ESCROW DEPOSIT AGREEMENT, ANY NOTICES, DOCUMENTS, INSTRUMENTS, CHANGES, MODIFICATIONS, SUPPLEMENTS, AND AMENDMENTS THERETO IN CONNECTION WITH THE REFUNDING, DEFEASANCE, AND SPECIAL OBLIGATION NON-AD VALOREM REVENUE REFUNDING BONDS, SERIES 2012 (PORT OF MIAMI TUNNEL THE 2020 NOTE; DELEGATION OF AUTHORITY TO THE CITY MANAGER TO SELECT AN ESCROW AGENT AND A VERIFICATION AGENT; FURTHER AUTHORIZING THE ISSUANCE OF THE NOTES AND THE REFUNDING, DEFEASANCE, AND REDEMPTION OF THE SERIES 2012 City of Miami Page 38 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 BONDS TO BE REFUNDED AND THE PREPAYMENT OF THE 2020 NOTE; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH; PROVIDING FOR A REPEALER PROVISION; PROVIDING FOR APPLICABLE EFFECTIVE DATES. ENACTMENT NUMBER: R-20-0193 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item RE.4, please see Item RE.2. RE.5 RESOLUTION 7466 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RELATING TO THE PROVISION OF SOLID Office of WASTE SERVICES, FACILITIES, AND PROGRAMS IN THE CITY Management and OF MIAMI ("CITY"); DESCRIBING THE METHOD OF ASSESSING Budget SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN THE CITY; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 10, 2020, OR ANY OTHER DATE BEFORE SEPTEMBER 13, 2020 WHICH IS SET BY THE CITY COMMISSION AND PUBLICLY NOTICED; DIRECTING THE PROVISION OF NOTICE THEREOF; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO DETERMINE THE APPLICABLE NUMBER OF HOUSEHOLDS FOR THE ASSESSMENT ROLL ON OR BEFORE THE LATEST POSSIBLE DATE BEFORE SUBMISSION OF SUCH REQUIRED INFORMATION TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER FOR THE ESTIMATED SOLID WASTE ASSESSMENT RATE SCHEDULE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-20-0194 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 July 23, 2020, City Commission Meeting. City of Miami Page 39 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 RE.5 RESOLUTION 7466 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RELATING TO THE PROVISION OF SOLID Office of WASTE SERVICES, FACILITIES, AND PROGRAMS IN THE CITY Management and OF MIAMI ("CITY"); DESCRIBING THE METHOD OF ASSESSING Budget SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN THE CITY; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 10, 2020, OR ANY OTHER DATE BEFORE SEPTEMBER 13, 2020 WHICH IS SET BY THE CITY COMMISSION AND PUBLICLY NOTICED; DIRECTING THE PROVISION OF NOTICE THEREOF; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO DETERMINE THE APPLICABLE NUMBER OF HOUSEHOLDS FOR THE ASSESSMENT ROLL ON OR BEFORE THE LATEST POSSIBLE DATE BEFORE SUBMISSION OF SUCH REQUIRED INFORMATION TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER FOR THE ESTIMATED SOLID WASTE ASSESSMENT RATE SCHEDULE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-20-0194 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo RE.5 RESOLUTION 7466 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RELATING TO THE PROVISION OF SOLID Office of WASTE SERVICES, FACILITIES, AND PROGRAMS IN THE CITY Management and OF MIAMI ("CITY"); DESCRIBING THE METHOD OF ASSESSING Budget SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN THE CITY; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 10, 2020, OR ANY OTHER DATE BEFORE SEPTEMBER 13, 2020 WHICH IS SET BY THE CITY COMMISSION AND PUBLICLY NOTICED; DIRECTING THE PROVISION OF NOTICE THEREOF; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO DETERMINE THE APPLICABLE NUMBER OF HOUSEHOLDS FOR THE ASSESSMENT ROLL ON OR BEFORE THE LATEST POSSIBLE DATE BEFORE SUBMISSION OF SUCH REQUIRED INFORMATION TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER FOR THE ESTIMATED SOLID WASTE ASSESSMENT RATE SCHEDULE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-20-0194 City of Miami Page 40 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Chair Hardemon: Okay. So I want to move that we defer this particular item. Commissioner Reyes: I'll second. Chair Hardemon: It's been properly moved and seconded to defer, as stated on the record, Item RE.7. Any discussion? Victoria Méndez (City Attorney): Commissioners. Commissioner Reyes: Yes, Vicky. Ms. Méndez: Can Chris Rose say whether that other item --? Because, remember, we listed a location for the September 10 meeting. So can that be also reset? Commissioner Díaz de la Portilla: Well, let's dispose of this motion first and then we'll do the other one, right? So let's just vote on this one. We'll take a vote on this one, and then we defer the other one, too, right? Christopher Rose (Director, Management and Budget): Or you can amend the motion. Commissioner Reyes: That's right. Commissioner Díaz de la Portilla: We'll amend the motion then to defer the -- what's the other item? What's --? Ms. Méndez: RE.5. Commissioner Díaz de la Portilla: RE.5. So I move that we defer RE.5 and RE.7. Chair Hardemon: All right. The mover and seconder agree. Seeing no objection, also seeing no further discussion, all in favor say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. \[Later\] Commissioner Díaz de la Portilla: Mr. Chair, I move that reconsider RE.5. Chair Hardemon: It's been moved to re well, I want to announce for the record that the motion carries for that was on the rec been properly moved; seconded by the Chair that we re I was going to say The Commission (Collectively): Aye. City of Miami Page 41 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Mr. Rose: Through the Chair, Chris Rose, Office of Management and Budget. The item before you for the solid waste fee does need to be considered at this meeting. There in. So I would offer that we change any next meeting. And so, we can get the dollar amounts into the Property Appraiser with this meeting, and we can get the location set at the next meeting. Commissioner Díaz de la Portilla: Well, Mr. Chair, I move that we amend RE.5 to include wherever the next budget meeting is to be held. Chair Hardemon: Been properly moved. And do you want to make the amendment, or do you also want to pass the item? Commissioner Díaz de la Portilla: First we amend it, and then we and then I move that we pass the item -- Chair Hardemon: Okay. So Mr. Rose: Can we do it the same --? Commissioner Díaz de la Portilla: -- as amended. I move that we pass the item as amended -- Chair Hardemon: Okay. Commissioner Díaz de la Portilla: -- and changing the I move that we pass the item as amended, changing the language to wherever that meeting may be held. Chair Hardemon: I understand. Unidentified Speaker: Chair Chair Hardemon: So any further discussion on that? Hearing none, all in favor, say The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Mr. Rose: Thank you, Commissioners. Chair Hardemon: To be clear for the record Chair Hardemon: You're muted, sir. technology nowadays. But I want to vote "aye." I wanted to because I have a po Chair Hardemon: Positive vote? Yeah, we have it listed as a positive vote, yes. The -- Chair Hardemon: On RE.5. On RE.5. City of Miami Page 42 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Commissioner Reyes: On RE.5. Chair Hardemon: On RE.5. We amended it and we passed it. Mr. Hannon: Yes. Chair Hardemon: Was it passed for deferral, or does it pass for the --? Mr. Hannon: No, it passed. Chair Hardemon: Passed, as in we accepted the solid waste fee. Mr. Hannon: Yes. Chair Hardemon: Okay, understood. Mr. Hannon: Yes. City Attorney, can you read SR.1 into the record, please? Victoria Méndez (City Attorney): I just wanted to clarify for RE.5 we'll set a separate resolution with the location referring back to this resolution next meeting. about. Ms. Méndez: Yeah. Chair Hardemon: So it was interesting, because what happened was on the record, it was the amendment was to set it to whatever space, whatever place the meeting was going to be held. ing to be for this piece of n we figure resolution and what the location will be. Chair Hardemon: Which means that this item is still deferred. Ms. Méndez: No, no, no. You took a vote today to pass, as amended, with the wherever the location will be Chair Hardemon: Got it. Ms. Méndez: -- back to this Commissioner Díaz de la Portilla: And the location. Ms. Méndez: -- and say what that location is. Chair Hardemon: Got it. Ms. Méndez: And so, whoever is li City of Miami Page 43 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Chair Hardemon: Got it. Ms. Méndez: Thank you. Todd B. Hannon (City Clerk): And Chair, just for the record, RE.5 passed, 4-0. Commissioner Reyes, did you vote in favor of RE.5? Commissioner Reyes: Yes, yes. My microphone was muted, and I made it clear to the Chair that I had a positive vote on it. Reyes, RE.2, 3, 4, 6, and 8, I had you in favor of the block vote; is that correct, sir? Commissioner Reyes: Yes, yes; that is correct. Mr. Hannon: My apologies, Chair. Chair Hardemon: No problem. RE.6 RESOLUTION 7600 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Department of ENTER INTO A MEMORANDUM OF AGREEMENT, IN Planning SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI, RUDG, LLC, AND THE STATE OF FLORIDA HISTORIC PRESERVATION OFFICE PROVIDING MEASURES TO MITIGATE THE ADVERSE VISUAL EFFECTS OF PROPOSED NEW CONSTRUCTION AT 2926 NORTHWEST 18 AVENUE, KNOWN AS THE THREE ROUND TOWERS, A NATIONAL REGISTER OF HISTORIC PLACES ELIGIBLE SITE. ENACTMENT NUMBER: R-20-0195 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item RE.6, please see Item RE.2. City of Miami Page 44 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 RE.7 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 -C PURSUANT TO SECTION 2-32 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. 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.7 was deferred to the July 23, 2020, City Commission Meeting. For minutes referencing Item RE.7, please see Item RE.2 and RE.5. RE.8 RESOLUTION 7599 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING Commissioners PROCUREMENT POLICIES AND PRACTICES TO SPECIFICALLY and Mayor RECOGNIZE AND IDENTIFY CERTIFIED LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUESTIONING/QUEER OWNED FOR THE PURPOSES OF TRACKING AND PROMOTING INCLUSIVITY IN OUR PROCUREMENT PROGRAMS; RECOGNIZING THE NATIONAL LGBT CHAMBER OF COMMERCE (NGLCC) AS A CERTIFYING ORGANIZATION; PROVIDING AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-20-0196 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For directive referencing Item RE.8, please see Item NA.4. For minutes referencing Item RE.8, please see "Public Comments for All Item(s)" and Item RE.2. END OF RESOLUTIONS City of Miami Page 45 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 SR - SECOND READING ORDINANCE SR.1 ORDINANCE Second Reading 7485 AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING THE SUNSETTED PROVISIONS IN CHAPTER 56/ARTICLE V OF Office of the City THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, Attorney NING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13911 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo SR.1. Ms. Méndez: SR.1. The Ordinance was read by title into the public record by the City Attorney. Ms. Méndez: This item is simply taking out the sunsetted language that is in our Code. This section no longer exists; however, it is still in the books, and we are removing this language so that there is no confusion. Thank you to Commissioner -up legislation, and why Chair Hardemon: Any discussion on the item? Hearing none, is there a motion? Commissioner Reyes: Move it. Chair Hardemon: Been properly moved; seconded by the Chair. All in favor, say The Commission (Collectively): Aye. Chair Hardemon: All against? The motion carries. END OF SECOND READING ORDINANCE City of Miami Page 46 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 7553 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE X/SECTION 2-829 OF THE CODE OF THE Commissioners CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED and Mayor ADMINISTRATION/CODE ENFORCEMENT/SCHEDULE OF CIVIL FURTHER AMENDING CHAPTER 10 OF THE CITY CODE, TITLED NG A NEW ARTICLE XI TO EXTEND THE PROVISIONS OF SECTION 8C-3 OF THE CODE OF MIAMI- APPLICABLE WITHIN MUNICIPALITIES AND RELATED TO PROVIDING LIGHTING OF OPEN PARKING LOTS, AREAS UNDERNEATH BUILDINGS, AND ALLEYS TO PUBLIC RIGHTS- OF-WAY IN THE CITY AS DEFINED HEREIN; PROVIDING FOR AS REQUIRED BY THE COUNTY CODE TO BE ACCOMPLISHED BY THE BUILDING OFFICIAL'S DESIGNEE, INCLUDING BUT NOT LIMITED TO CODE COMPLIANCE INSPECTORS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED 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: Item FR.1 was continued to the September 10, 2020, City Commission Meeting. Chair Hardemon: Madam City Attorney, can you read FR.1 into the record? Victoria Méndez (City Attorney): FR.1. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Any discussion? Vice Chair Russell: Yes. Commissioner Reyes: I move it. Vice Chair Russell: Thank you very much. I believe I understand the spirit of this legislation to improve lighting on our streets for a safety perspective, but I have some City of Miami Page 47 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 a of an awning or something like that, but putting that burden on them. Furthermore, this is mandating a certain level of illumination, which is quite bright, actually, for all rights-of-way. And this could include longer rights-of-way; it could include adjacent to parks, quiet residential streets. So that could create a light pollution situation for especially for our parks that could be made that would be less burdensome on the private property owners and if there are unintended consequences concerned about unintended consequences now. I know that -- I was expecting that that you were going to say something about it, but this is mostly, this is geared towards downtown Miami, you see. This is geared towards downtown Miami. When you drive around downtown Miami, all those canopies there, all those I mean, they are extremely dark. And what I want to create in particular in downtown Miami is a place that it is illuminated in a way that people feel safe. And right now, downtown Miami is a neighborhood. We have a population I think it is over a hundred thousand. And I had a lot of complaints that some of the residents of downtown Miami, they don't walk in downtown at night. If they're going to come from Biscayne Boulevard to a restaurant I mean, they are -- some of them are afraid because of the lack of illumination. And the darkness, I mean, the poor lighting our main concern is to provide a safe environment to people that live in downtown Miami. trying to do is create a safe environment, safe feeling for people that comes at night to places like downtown Miami. And also, they are our City, we are now, Mr. Chair changing the lighting of the streets to LEDs (light-emitting diodes), which is the same streets, because FPL (Florida Power and Light) is changing it. So you are concerned about the light, lighting pollution, but it is I don't think -- I mean, you should take that to FPL, because now they are installing all those LED lights in every single pole in the City of Miami. Vice Chair Russell: Mr. Chair? Thank you, Commissioner Reyes. My concern extends, though, beyond that, because we have a program in place that makes, for example, shutters downtown i sidewalk and the street from the retail. And even though there have been many programs to help those business spend on upgrading and improving, and getting rid of those shutters, I believe we already have an ordinance that disallows them; yet, we do not enforce that. Commissioner Reyes: No, no, no, no, no, no, no. You have it all wrong. I mean, we are not talki take 3rd Street for example. Take 3rd Street, 1st Street and between Flagler I mean, between Miami Avenue and 1st Avenue. When you walk that area, you have certain behind Ma shutter that it is that it is blocking the light. It is the lack of lights in that area; the lack of lights. And that is an open space that people walk around it. And also, I think it will benefit the owners, because if somebody trips and fall because of lack of lighting, they are going to be sued, because that belongs to the owners of the building. City of Miami Page 48 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 know. But since they have it, they should have it illuminated, because either they block it or they illuminate it. And by ilto walk under it at night, and also, it is safer. That is the intent of the law. That is the I mean, if you have a space that people you have people walking under it, you should have enough light that without tripping or falling and getting hurt. Vice Chair Russell: Mr. Chair. Commissioner Reyes: And let me also add, all of these technicalities, the technical, the amount of lumens and all of that, that has been run through our departments, and if you want any additional information, please call, Zerry. And this was reviewed and accepted by all departments. And once again, it is this is to illuminate those overhangs; those overhangs that we have so many in downtown Miami. And if you They are completely dark. Vice Chair Russell: Mr. Chairman? Vice Chair Russell: Thank you so much. Vice Chair Russell: Thank you. I you know, what you say, Commissioner Reyes, is the lack of light, and so, I think we should be addressing that, not punishing the businessowners, because this ordinance creates a penalty, an enforcement schedule for civil penalties against the businesses that happen to be in these darker areas if we can show that they have an awning or something like that, and they I just just creating more light or doing a program to address light and measure where we can improve. S to be putting a burden on the businesses and make a problem in every Code. Mr. Unidentified Speaker: Are you now the savior of the people? Commissioner Reyes: Let me ask you something. Let me ask you something. Vice Chair Russell: I couldn't hear who was speaking. I apologize. Commissioner Reyes: It's me, Manolo, hey. Vice Chair Russell: Who asked something about the savior of the people? What was that? Commissioner Reyes: I said -- No, no, no. That was something else. Let me ask you this. This is the whole City of Miami. Okay? But I know every time that I bring something, you have some sort of complaints about it, but that is fine. Listen, that is fine. You have your objections and you have I mean, that is fine. You can keep on doing it. Bsay I think that we should have. And besides that, if you have an overhang that people walk under it, I think that it is your responsibility as an owner to have it illuminated, to City of Miami Page 49 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 mean, and you allow people to walk under, we have to protect our people, okay? If you have an overhang or you have an awning that is totally, totally is an obstruction of lighting, of lights, and it keeps that area in the dark, and people in those because and they are not ours, because most of those properties that have those overhangs, that area on the overhang belongs to the owner, and I think it is the responsibility of the owner to keep it illuminated, or just close it. Vice Chair Russell: So couldn't we have a permitting system that when someone applies for an awning or an overhang that it actually creates the need for that illumination versus punishing those who have had these in for now, for a long time, getting more light downtown. I like that. Commissioner Reyes: Okay. Vice Chair Russell: I just am asking for a deferral so we can study it a little more Commissioner Díaz de la Portilla: Mr. Chair, I have just a couple of questions of the sponsor. Commissioner Reyes, this applies to the entire C for downtown, right? Miami. But I used downtown, because it is the most obvious, because in the City of Miami, very seldom you find a property that has an overhang that people walk under it, you see. For example lot of places in Miami where we (INAUDIBLE) -- Commissioner Reyes: Yeah, but they are not as dark as it is there. Any place that it is dark, I think that it should be, because most of all Commissioner Díaz de la Portilla: So this applies to citywide. Is this a mandate on small businesses that they now have to pay the whole cost of this? Commissioner Reyes: No, it is not small businesses; it Commissioner Díaz de la Portilla: So a mandate small business. I mean Commissioner Reyes: Well, yes. Commissioner Díaz de la Portilla: -- the property owner has to pay additional dollars and just charge the business owner additional dollars for providing something think. I want to be that. Commissioner Reyes: No, you are not savior and Commissioner Díaz de la Portilla: I think I Commissioner Reyes: -- I mean, you have not been crucified yet. I mean -- City of Miami Page 50 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Commissioner Díaz de la Portilla: But I do believe that but I am a protector. I am a protector of (INAUDIBLE) Commissioner Reyes: So am I, sir. Commissioner Díaz de la Portilla: I know you are. But I think that this is a little bit there with some conversation about it; perhaps -- Commissioner Reyes: Okay, let's -- Commissioner Díaz de la Portilla: -- have some shared burden from government and the small businesses, but perhaps the property owners. Maybe the government can be partially responsible. but I may be there we defer it and we vote for it -- vote on it next Commission meeting. Commissioner Reyes: Okay. I tell you very quickly. Number one is citywide, so it would only impact your district or only impact a particular -- the Downtown Development Authority area, for example, that you now chair. I you know, that would be your prerogative, I would guess. But it impacts the entire community, including people that I represent, so I have a concern about m just a big lican in shared burden between the private sector and the public sector, because I do agree, e are afraid to walk from, for example, Biscayne Boulevard over to the interior of downtown Miami where a lot of new restaurants are opening up, and we have to create safety for our people. So I agree ood intention. I think it makes sense to have some additional lighting in the downtown area for the safety of our defer this, so everybody can analyze it. And maybe we need to stream it into certain areas that n traffic. But I will defer it, and any questions that you have, at least you can send it, and anybody else, and any suggestions, also. And as a matter of fact, we were discussing that to have some assistance in downtown Miami through DDA (Downtown Development Authority) to property owners; that we can contribute to the cost of illuminating those areas. I mean, initial cost of placing the bulbs there, you see. Wynwood that have the same issue that we have to so we have to look for areas in Wynwood. People go from one street to the other. too. Commissioner Reyes: That is correct. City of Miami Page 51 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 opening up those smaller restaurants. Commissioner Reyes: Maybe we can identify those areas that they are very dark and they have we identify those areas and we streamline this ordinance to those areas. I agree with that, but my main Commissioner Díaz de la Portill when you cross over from Wynwood into Allapattah and areas like that that we can actually be an create an incentive for people to feel comfortable crossing from one area to another along the way. Commissioner Reyes: Yes. Commissioner Díaz de la Portilla: So I like the idea. I like the notion. I think always believed that lighting is one of the biggest problems that we have in the district that I represent becaimes are committed. People do all -- that happens in the dark. And so, I think the more lighting we give to our communities the better it is for everyone to feel safer, and just the perception of safety, the feeling of safety. Commissioner Reyes: So I move to defer this and and I would like that everybody will feel comfortable with it. And also, I would like understand what is the this ordinance, it was thought up because there is a need. And it was stated, you see, that people, they feel afraid because they have I mean, I mean, or visit those for business. It is even bad for business in particular the this. So I Commissioner Díaz de la Portilla: Second that. Commissioner Reyes: And I think that, probably, it will be the first meeting after I think, you know, in order to give people time to digest this, or to come with a different I would say suggestions. Why break? The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. City of Miami Page 52 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 FR.2 ORDINANCE First Reading 7566 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE Commissioners 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 SOUTHWEST 28TH AVENUE FROM SOUTHWEST 10TH TERRACE TO SOUTHWEST 10TH STREET, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: A motion was made by Commissioner Reyes, seconded by Chair Hardemon, and was passed unanimously, with Commissioner Diaz de la Portilla absent, directing the City Manager to schedule item FR.2 (File 7566) for second reading on the July 23, 2020, City Commission agenda. For additional minutes referencing Item FR.2, please see Item NA.5. Chair Hardemon: Would you read FR.2 into the record, please. Victoria. Méndez (City At: FR.2. The Ordinance was read by title into the public record by the City Attorney. st contain Northeast 1 Avenue thth between Northeast 11 Street and Northeast 12 Street. So you received a substitute on that, but I wanted to say it for the record, as well. Chair Hardemon: The Chair moved. Seconded -- Vice Chair Russell: Thank you, Mr. Chairman. I have a minor concern on this one and it can be allayed if maybe Administration can help through C with regard to the bicycle lanes. I know Commissioner Reyes through the DDA (Downtown Development Authority) has been working on a complete bicycle safety master plan for bicycle infrastructure through downtown, and I know that Paramount or complete some separated bike lanes in that area. And geometry is our enemy in creating new bike lanes. W the space. So here we are narrowing a major avenue. And when I was originally briefed on this, I had heard it would convert one of the lanes to a sharrow, meaning bikes would ride with cars in one lane. And so, I just wanted to ask the City of Miami Page 53 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Administration if this is part of our bicycle master plan, because I believe it is, that lanes. And if this creating this narrower right-of-way will still allow us to have a separated bike lane, because I really think that should be the priority here; that it sharrow, and then back to separated bike lane. Is there anyone in the Administration who could help me with that? Nzeribe Ihekwaba (Chief of Operations/Assistant City Manager): Good afternoon. Good morning, Commissioners. This is Zerry Ihekwaba. The current concept zoned st right-of-ways \[sic\] for Northeast 1 Avenue is 95 feet wide. So this ordinance is actually going to reduce it to be consistent with what the remainder of the corridor is. to do is make it uniform and consistent to the 70 feet wide. Regarding the concern about the bike lane, there is a proposal in place that -- making it a uniform corridor would allow for a dedicated bike lane on the east side of the corridor to be incorporated in any future design. Having said that, I want to make sure that we understand that this is a Miami-Dade County-maintained jurisdictional public street. This is and -Dade Department of Transportatio ordinance moving forward. It is their corridor. It is their roadway that they uniform and consistent, and 70 feet wide. The State Department of Transportation, in the design of the I-395 on ramp and off ramp has already done some preliminary design work incorporating a 70-foot wide corridor, as well. So I think that there's a consensus for this item to move forward. Vice Chair Russell: Thank you. So there will be there will remain space for a dedicated bike lane. Mr. Ihekwaba: Yes. ry. Chair Hardemon: And I want the record to reflect the presence of our dear Commissioner from the Third Districtlling this vote. properly about it. I expected on. The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. END OF FIRST READING ORDINANCES City of Miami Page 54 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 DI - DISCUSSION ITEM DI.1 DISCUSSION ITEM 7569 A DISCUSSION REGARDING THE US ARMY CORPS OF ENGINE-DADE BACK BAY COASTAL STORM RISK Department of FEASIBILITY STUDY. Resilience and Public Works RESULT: DISCUSSED Note for the Record: For minutes referencing Item DI.1, please see "Public Comments for All Item(s)." C Engineers Back Bay Coastal Storm Risk Feasibility Study. How is the Corps of Engineers? a very specific presentation to be made. Chair Hardemon: Please go ahead. Vice Chair Russell: So this is the Army Corps of Engineers proposing a 4-million- dollar improvement to the City of Miami investment in our community to shore us up against storm surge and sea level rise, and if done well, it could reduce insurance rates; it could, of course, mitigate flooding. And, of course, their goal is to mitigate applications to claims to FEMA (Federal Emergency Management Agency) so that less people are flooded throughout the City. However, I really want to make sure to make their public comments, because, as you heard in some of the public comments earlier, this is a very l American Vertical Datum), which is very tall, above the waterline. And in some this sees passage at the Army Corps level and then goes to Congress, and either has trouble there, or trouble with the local sponsor, which is the County, because it n either property values, quality of life, views of the bay. Those aren't necessarily things that I understand that the Army Corps is taking into account, because their mission is securing us from storm surge, and that this plan would accomplish that. So rather than seeing it go through as is and maybe getting a thumbs down way down the road when this comes before influence on the plan to see that it really accomplishes the goals of the Army Corps without having the negative effects on the downtown area, Brickell area, the environment, et cetera. And I believe that can be accomplished, because I really believe that this is important for us to shore up for the future. I just want to make today to answer questions with us. But more than anything, I really want to use this at, and how intense this actually could be. Nzeribe Ihekwaba (Chief of Operations/Assistant City Manager): Mr. Chair, we have the Army Corps of Engineers rep to make a presentation. City of Miami Page 55 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Mr. Ihekwaba: Susan, Holly Carpenter: Hi. This is Holly Carpenter. Can you hear me? Mr. Ihekwaba: Yes. Ms. Carpenter: Okay. I do have a ten-minute presentation I can start with this Chair Hardemon: Yes. Please move forward. Ms. Carpenter: Okay. Good morning. Can you see the presentation? Unidentified Speaker: Yes. Ms. Carpenter: So good morning. My name is Holly Carpenter, and I serve as the North District Army Corps of Engineers Project Manager for the study, the Miami- Dade Back Bay Coastal Storm Risk Management Study. I want to thank you for the invitation to speak today about our draft report. I am also joined by Faraz Ahmed, the planning lead for the study, and Susan Layton, who is our North District Chief of Planning and Policy that can help with the discussion. So I have a brief overview this morning of the study, which is an excerpt from the longer public meeting presentations we conducted last month following the release of the draft report on t overview of the tentatively selected plan or draft plan presented in the draft report. The draft report is an integrated feasibility report and programmatic environmental impact statement. So but please note that discussion held today will not be recorded as formal comments towards the study under the National Environmental Policy Act process, but at the end of the presentation, I will review ways to submit formal comments, and those are now due the 19th of August. The Miami-Dade Back Bay Coastal Storm Risk Management or CSRM Study investigates solutions that will reduce damages and risk from impacts of sea level rise and coastal storms. The study does not address federally owned land, such as Everglades National Park, but focus primarily on the urban and coastal areas of the County. The beachfront is addressed by a separate Corps study. This study is scoped to be completed within three years, and for no more than $3 million, in accordance with the Army Corps of and complexity of coastal flooding risks of the study area, a countywide comprehensive study is not possible. Therefore, the study focuses on critical infrastructure on a countywide basis and the areas most vulnerable to storm surge flooding. It should be noted, however, that this study does not result in holistic recommendations for dealing with coastal storm risk in Miami-Dade Count roughly 50 percent complete with the study and the draft report identifies a draft plan or tentatively selected plan, which is the alternative that the Corps proposes to move forward with further analysis before developing a final recommendation at the conclusion of the study. This tentatively selected plan will be optimized as we move forward to include additional analysis, technical reviews, and public input prior to the reduction of final report documents concluding the study with the Chief of Engineers report in the fall of 2021. If the study results in a plan for construction and is approved, designs can be completed under the existing authority after the execution of a design agreement and allocation of both federal and non-federal funding. In order for the project to be constructed, the project must be authorized by Congress, appropriated or funded by Congress, and a project partnership agreement with an eligible non-federal sponsor must be executed. The cost share for construction of the Coastal Storm Risk Management Project is 65 percent federal to 35 percent non-federal. Because the study area was too large to holistically analyze, City of Miami Page 56 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 and in order to narrow down those areas that are most vulnerable to coastal storms, the team decided to complete a geospatial analysis of Miami-Dade County using the CDC Social Vulnerability Index overlaid with the image data and the Federal utilized to estimate damages from different types of natural hazards, and in this place, reflects where flooding is most likely to occur. This analysis resulted in seven focus areas to be included in the scope of the study. Those focus areas are shown in red circles on the map, and are generally the neighborhoods of Arch Creek, Aventura, Cutler Bay, Little River, Miami River, North Beach and South Beach. After the identification of focus areas, management measures to include structural, nonstructural, critical infrastructure, and natural nature-based features were examined. Critical infrastructure is included on a countywide basis; however, the remaining management measures were only applied within the seven focus areas. This examination led to the formulation of alternative plans for economic modeling to compare the benefits to the cost. Benefits included in the quantitative analysis are a reduction to damage to property over the 50-year period of analysis, while costs included generally include construction, operation, and maintenance, environmental mitigation, and real estate cost. A new active plan alternative was tested along with combinations of each type of the management measures for a total of eight alternatives. Critical infrastructure was analyzed as a separate alternative in combination with all other action alternatives. The plan resulting from the economic tentatively selected plan included in the draft report includes surge barriers at Biscayne Canal, Little River, and Miami River, with associated pump stations and flood walls; non-structural mitigation, such as elevating homes or flood proofing commercial businesses at seven socially vulnerable economic damage centers outside of the structural measures at Arch Creek, Little River, Miami River Edgewater areas and in Aventura, Cutler Bay, North Beach and South Beach. Critical infrastructure mitigation on priority asset categories throughout all of Miami-Dade County and areas without structural measures, and finally, natural and nature-based features are being considered at one site in Cutler Bay, primarily to include mangrove or wetland restoration. This plan is estimated to cost in excess of four and a half billion dollars but could produce annual net benefits of over $1.6 billion annually. This leads to approximate benefit to cost ratio of over 9 to 1. The following slides will provide descriptions or examples of the type of measures in the draft plan; however, please note the existing designs for the draft plan are focused on developing the economic justification based on preliminary desktop information and analysis. Field surveys and detailed designs, as well as additional environmental analysis and documentation will be needed to be conducted in the next phases of the design phase. Further optimization of this draft plan and detailed design is expected to continue to change the recommended alignment and height of structural measures and the number of structures proposed for non-structural mitigation. I have a few more slides to describe the measures. This slide shows an example of a federal flood wall constructed in downtown Norfolk, Virginia, and a larger floodwall during construction in New Orleans. As you can see, the floodwall height in Norfolk varies based on existing ground elevation and terminates at one to two feet high, where it is not recognized as a floodwall by many local residents. There are also areas where the floodwall is taller than most pedestrians, and pedestrian gates allow access to the waterfront. Additionally, a cross-section from the engineering appendix of the draft report provides a typical floodwall design anticipated for this project, which is a T-wall. The tentatively selected plan includes a conceptual design where floodwalls on land are proposed generally as an average elevation of one to 13 feet above ground level. Here we display an application of a sector type gate surge barrier in the New Orleans area in open position and a miter gate in Richmond, Virginia, in a closed position. The sector gate is the same type of gate as proposed for crossing the Miami River, but larger in the example shown, and the miter gate is the same type of gate proposed for Biscayne Canal and Little River, City of Miami Page 57 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 but the example is smaller than the proposed gates for those waterways. It should be noted that surge barriers are only planned for closure for major storm surge events. Examples of an elevated home and a flood-proof building are shown on this slide. These are the primary non-structural mitigation measures included in the current tentatively selected plan. Non-structural measures in the seven-focus area and critical infrastructure together include elevation of approximately 2,300 structures and flood-proofing of approximately 3,800 structures. Within the City of Miami, the non-structural plan and critical infrastructure together account for elevation of approximately 390 structures, and flood-proofing of just over 290 structures. Critical infrastructures included in every alternative, due to its criticality to the resiliency in the County, and it is in the tentatively selected plan. The asset categories presented on this slide are proposed for inclusion in the analysis. The actual number of each type of facility included in the plan is based on the risk to flooding and benefit from the non-structural protection. Generally, flood-proofing is recommended to reduce risk to critical infrastructure. This is the final slide. The release of the draft report was issued on the 5th of June, 2020, originally for a 45- day public comment period, which has now been extended by the request of the County to the 8th of August excuse me; it should be the 19th of August. Public comments must be received by the 19th of August to be included in the analysis. Comments can be provided via e- tool, a web-based map tool where participants can provide formal comments linked on the public comment web page. Comments received by the members of the public, as well as private and public agencies will be considered by the study team to determine if any alterations are needed to the tentatively selected plan. Again, the comment deadline should be reflected as the 19th of August. That concludes the presentation. We are available to answer any questions. Vice Chair Russell: Mr. Chairman? Thank you very much for the presentation. I have a few questions. Although I represent District 2, I believe that this sector gate is really meant to protect the internal part of the City further inland up the river. Do in place, and a large storm event would create a large surge up the river, what that would flood or affect? Do you Ms. Carpenter: I do not have a graphic prepared this morning that I can pull up for the no-action plan, but I believe those are available in the draft report, and we could provide those after the meeting. really want to show people the consequence of inaction, and I do believe something needs to be done. I fully agree with that perspective of the plan; that we are at risk. Ms. Carpenter: I will bring up the slide again with the map. and please help me the sector gate is the are really meant to keep water from getting around the sector gate and flooding inland; is that correct? Vice Chair Russell: And is the risk of flooding greater inland, or at the coast where the walls will be? I mean, we have a bit of a ridge, and we have a lot of high-rises along the water, but where is the risk the greatest? Is it what we would normally City of Miami Page 58 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 think in terms of storm surge just hitting the coastline, or is it that upriver flooding that could be caused? Faraz Ahmed: The only thing I would add is that green cut area is what our model shows, which is where the surge would eventually go to, so that whole green area is the risk management area protected by that surge barrier at the Miami River. Vice Chair Russell: Thank you. And so the what would be the exact location of the sector gate that I which has the sort of hinging pie-shape that closes off the mouth of the Miami River? Can you show us where that is proposed? Ms. Carpenter: So currently, in the draft design, that is proposed for really the mouth of the river, where it meets the bay. But we do expect that design to continue to evolve. We are looking generally at trying to locate that gate as near the mouth of the river as possible. Vice Chair Russell: Got it. Because it broadens out east of the Brickell Avenue bridge. And so, I assume you need some space within the water for the and the entire mouth, so you possible, which would put it right around the Miami Circle, which is that right in the very bottom of Biscayne Boulevard in that point. Is it are you familiar is that gate at that location. area, as you mentioned, with social resources and it being highly developed. So it is definitely something that we need to look at in further detail, both during the study and certainly into the design phase to figure out how it could best fit into those areas. Vice Chair Russell: How does the pump system work on that sector gate? Is that closed? And where does that go? Ms. Carpenter: Yeah. So the pump stations are generally for interior drainage, and the flood wall and surge barrier -based site, just south of the Miami River, but we have considerations for if the pump station could be located over water or in different areas. As I mentioned, that area is highly developed, so there are a lot of logistical challenges with designing this major infrastructure there with the available information that we have. Vice Chair Russell: Right. So the Miami River that was proposed for pump stations would either be our park there in Brickell, or the behind the Presbyterian church where we were working on a section of the bay walk and a seawall mitigation, or a flood mitigation plan there. Is it possible to contain that pump with the sector the wall closer, rather than taking up either public or private land further south; that it could be contained where the sector wall would go the sector gate would go? City of Miami Page 59 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Ms. Carpenter: So generally, for pumping capacity, of what the capacity of that pump station is, so what the capacity requires determines the d yet to answer that question. Vice Chair Russell: Understood. Obviously, our preference would not to would be not to take up public park space with it, and to hopefully, save funding on purchasing private land to do, so if we could do it with the sector gate would be better. You had mentioned a $1.6 billion annual benefit for having put this in place. Could you sort financial perspective? Ms. Carpenter: So the $1.6 billion is annual net benefits, which is estimated benefits after the costs have been removed to both the benefits and cost over the length of the project are analyzed. So again, those benefits are mostly from a quantitative analysis from the prevention to damage to structures from the coastal storm risk, and for the draft plan to look at coastal storms of the magnitude of 1 percent annual chance event or a hundred-year storm, plus considerations for sea level rise over the 50-year period of analysis. Does that answer your question or are you looking for additional feedback? Vice Chair Russell: I think it doe that w a year in terms of damages in the event of a storm event like this; is that correct? to add. Mr. Ahmed: structural measure was not built. Vice Chair Russell: Thank you. Now, the one graph that you showed different examples of an upland floodwall, where the most innocuous case was one to two feet, obviously, no one would even notice that, and it would be like a minor bench within a you know if I understand correctly, north of the Miami River, the proposal is to have the flood wall upland, inland, along Biscayne Boulevard at some point, so leaving the City parks to the east and the museums and Bayside Marketplace all to the east, outside of the flood wall. And so, I wanted people to understand what that would look like on Biscayne Boulevard, because if I understand correctly, the flood wall has to reach 15 feet NAVD, and that Biscayne Boulevard is around currently 6 feet NAVD. Am I mistaken? So that would be about anywhere from a 9- to 11-foot wall on Biscayne Boulevard. Does that sound correct? Is my math correct? right in the areas most near the storm surge barrier. Obviously, as you approach the river, the ground elevation is the lowest, with the highest expected storm surge elevation. Vice Chair Russell: Mm-hmm. Ms. Carpenter: So the walls of areas are likely to be fairly high, but they will vary based on what the storm surge is for a particular area and what the existing ground is. And, yes; for the areas north of the Miami River, currently, we are looking at trying to fit the alignment within the right-of-way of Biscayne Boulevard. City of Miami Page 60 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Vice Chair Russell: Why would it be there instead of, consistent with your plan for the Brickell area, why wouldn't you keep it at the coastal edge, where the bay walk and the curr go out about 50 feet into the bay to create this and that we would infill behind that to create the buffer. Why wouldn't you consider the same thing for the part north of the Miami River? Ms. Carpenter: So we looked at a lot of different factors on the preliminary design, development. Another major factor to consider is the placement of the wall within the bay footprint, and what those environmental impacts look like. So we were o be on Biscayne Boulevard or along the bayfront, ill a lot of work that would need to be done before that could be finalized. Vice Chair Russell: That is still flexible? Ms. Carpenter: Yeah. I would like to turn it to Susan, in case she has anything to add on those different factors. Susan Layton: Chief of Planning. So, yeah, I would just say the one of the reasons we did a programmatic environmental impact statement on this was because we did recognize that we need a lot more survey and analysis before we can really nail down those details, because we were sticking within our scope and schedule originally proposed at the three year and $3 million. So we know a lot of work is needed in the future, particularly for the alignment as we move forward. So that programmatic environmental impact statement does allow us to acknowledge that additional coordination and consultation will be needed; to look at all of those factors, what the impacts are to the community and environment and cultural, and all of those as we move forward into future phases. So right now, it really is at that conceptual level, and as we move forward, there will be additional opportunities for input from the community and agencies, and everyone as we move into those future stages. Vice Chair Russell: Thank you. Now, when edge or 50 feet out into the water, what does that buffer look like between the current seawall and where that buffer is out there? What is done with that space? And the detriment to the environmental impact, but certainly, we are at a shortage for public the Brickell coast, and potentially the downtown coast, there could be posits, but I ow what that buffer looks like. Is it just a wall on its own? Is it filled in? Is it concrete? Is it planned to be landscaped or programmed? What is the concept there? Ms. Carpenter: So I believe the 50 feet is an approximate impact of the temporary construction, so we are again talking about a T-wall. So w really going to be split between the landside and the waterside. And the temporary construction impacts on the waterside could then be restored after the construction is completed. So the base of the T-wall itself will be a lot less than 50 feet if you look at the example cross- on our current preliminary design, that it would be 50 feet out that would be created. There may be some space on the the cross-section as a protected side. That could be filled in, or perhaps could be restored. But that level of design has not yet been determined. City of Miami Page 61 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 in a little bit on the T-wall drawing there just so we can understand a little better. In that drawing, in the bottom right of your screen, that T-wall shows the upland on the right side and the water on the left side of that T-wall; is that correct? Ms. ainst the existing bulkhead. Vice Chair Russell: Okay. And the base of the T-wall, it says, is about 30 to 35 feet, I think, something like that. So in the best- or worst-case scenario, that wall could be about 15 to 20 feet out from the existing bulkhead; is that correct? Ms. Carpenter: That would be a more accurate estimate. Again, these designs are very preliminary in nature. trying to get a sense or draw a picture in the mind of the residents of what this would look like, and what it would leave behind at the end. So in that area between the T-wall and the existing bulkhead, how does that gets filled in, obviously. And so, what would go there? What would that be? Ms. Carpenter: So, again, that level of design has not yet been determined, and conceptual or 10 percent level of design; and so, those details really have not been worke Vice Chair Russell: And the reason I bring it up is to ask the question of what the Army Corps is willing or able to invest in when they bring an infrastructure project like this. For example, Florida Department of Transportation is creating an $800 million new I-395 overpass, which connects I-95 out to the bay and the Beach, and they were willing to invest in a public space underneath that, whi lly FDOT (Florida Department of Transportation), not just building a bridge or a road, but actually investing in a public space. We would be responsible for activating it, maintaining it, programming it, et cetera, but at the of the human side of the infrastructure. Is that something that the Army Corps has done, or would be willing to do in this case? Ms. Carpenter: So the primary purpose of this project is coastal storm risk management; however, as we work through the design phase, we would certainly work with the non-federal sponsor. There are opportunities for things that are not directly related to coastal storm risk management, aesthetic type or recreational features that could be included, perhaps, as a betterment. But generally, the Authority only covers the coastal storm risk management as part of the cost-shared project. only looked at in the silo of that protective result, we may not be able to do this ublic, is how this what are the negative i or down on the whole project; whereas, if the project were looked at holistically, from the environment, the human aspect, the social aspect, the green space aspect, a plan could be put together that gets the buy-in from start to finish. And so, I just everyone or disagrees with it, Army Corps side within the comments that we propose to make it a workable plan City of Miami Page 62 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 that has a foreseeable successful future. And so, my goal in understanding and I appreciate your time today is to illustrate for the public what this could be, to raise their interest and/or concerns, and then at our next Commission meeting, which is still before the public period deadline, to pass a resolution of the City of Miami with recommendations and comments for our part. And so, I just wanted to make sure all the Commissioners know what this entails, what the impact could be on the entire City, and not just the coast, and all the potential pluses and minuses, both financial e hopeful that we can bring a resolution later this month with our commentary. Ms. Layton: Could I address just a few of your comments, just on that? Again, this is Susan Layton. And I just did want to emphasize and Holly is correct that we are under a specific authority for coastal storm risk. But we are also definitely wanting to hear ideas. And to the degree that we can be flexible within our authority, and we do have some things that let us look at those betterments, and even recreation to som certainly something that we would want to discuss. You know, our goal is to construct projects that are most feasible and realistic, and optimum within a community. We do that within th a high level of design in this phase for us to commit to exactly what we could do within the design, but I think we could listen to concepts and say, you know, whether that would be something that would fit into our policies and design and that, you know, we could be looking at in the future. So I do want to make it clear th do something that is most you know does the best that it can to work within the community and the community goals for a resilient city moving forward. So I think you make very good comments, and it would be our intent to work in that direction, too. We just have to stay within our policy lanes. Vice Chair Russell: Thank you. And I have one final question, and maybe the , but I wanted to address it. If south of the Miami River on the Brickell side, the wall is on the west side of Brickell Key, and I believe within of the wall. And obvious for sense. But what happens if that wall is there, 15 feet NAVD, right at the Brickell Bridge? I assume you would have a gate on the Brickell Bridge that would open and/or close. But what does that look like, and how do you mitigate where the wall bifurcates a bridge that is a key access point for thousands of residents? Ms. Carpenter: So the in order to implement this, the floodwall will have roadway here would be gates. mplemented, a detailed operation and maintenance manual would need to be prepared that considers evacuation routes and evacuation sign. Vice Chair Russell: If the bridge is at its life but if the bridge would require a redesign to make sure that the public still had access even once the gates were closed, would that be part of the project, or would that be on the landowners of that bridge to address independently? take back and do a little bit of research on. Vice Chair Russell: Yeah. I think that interesting one. All right. Thank you very much. I really appreciate you making City of Miami Page 63 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 ly appreciate the ability for us to comment on this and ask questions, so thank you for your time. Ms. Layton: Thank you. Chair Hardemon: Also, Commissioner, thank you very much for spearheading this ke to ensure that all of our communities are safe within the City of Miami in fighting sea level rise and storm building the bay walk, and I y walk, it is higher than the in some areas than the wall. And can we are you incorporating the bay walk into the barriers that you are going to building along Biscayne Boulevard; Biscayne Boulevard, along the coast? Ms. Carpenter: So Commissioner Reyes: Are you taking into consideration the bay walk? Ms. Carpenter: Right. So in siting the draft alignment, we looked at recent topography data from LiDAR (Light Detection and Ranging). And so, if the bay walk was higher and it was in the area that we were looking at (INAUDIBLE) that should have been captured. and in order to go be or referencing the height of the wall depends on the existing ground elevation, whether ne provided through roadway or pedestrian gates generally in our draft designs. But again, that level of design is still going to be determined, and likely depend on the fin frequency, the hundred-year storm. And as we look at additionally frequencies, the height of the wall will change, which would then change our conceptual design for some of those features that would then also get additional detailed design with physical surveys in the design phase. what I want to know is if we can incorporate the bay walk into the design of the wall that you are proposing building, and that could be a substantial savings for us. Or if the since the wall how tall are going to be the wall in those areas around? Ms. Carpenter: So the wall varies based on the existing ground elevation and the storm surge elevations proposed for different areas, so it really will vary. Commissioner Reyes: Along Bayfront Park, for example; Bayfront Park and let's say from Flagler no from 1st Street all the way to 36th Street, how tall going to be? have to determine the final elevation, because we still need to do some additional analysis at different storm surge frequencies. City of Miami Page 64 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Commissioner -- going to be like 10 feet or lower than I mean, higher than what the actual bay walk should be, so I mean, or are you going to incorporate the bay walk to your design? And I would like to see more trying to incorporate what we have into your design, for example, I just not at that level of design yet. both in the conceptual Commissioner Reyes: Absolutely. Ms. Carpenter: -- (UNINTELLIGIBLE) draft report, and also as we move forward in partnership for the design phase, whether or not that could be directly included in the project based on our authority and limitations. Commissioner Reyes: building a a bay walk is a wall, you see. Basically, it is a wall. So might as well incorporate both of them, you see? Ms. Layton: So I if I could jump in as well. So I think that makes sense to ward is the uncertainty ur end, but I know on still in the study phase now, which is about a year and a half from the end -- Commissioner Reyes: Okay. Ms. Layton: -- and (UNINTELLIGIBLE) takes a few years, and appropriations takes a few yea just have to continue to coordinate closely to see if the timing would work out with the technical details to be able to incorporate that, because, I mean, I think we all agree, if we can make if we can have complementary projects and get a win/win Commissioner Reyes: Yes. Ms. Layton: -- timing makes it very difficult. eld back. We are not going to not going to happen. But in case that when you start building, try to incorporate walk, you see, by having a bay walk and then a wall, or vice-versa, a wall and then a bay walk, you see, because if you have the wall in front of the bay walk, you are the view is going to be obstructed by the wall? See what I mean? Ms. Carpenter: So I definitely agree, a lot more coordination and looking at that as we move forward. Even before little bit more fidelity and kind of what is being proposed. So I would say continue to coordinate on that, and hopefully, it will work out so that we can work together on Commissioner Reyes: Sure. City of Miami Page 65 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Ms. Carpenter: -- Commissioner Reyes: Okay. Thank you. Chair Hardemon: Are there any other questions or concerns? Hearing none, thank you very much. END OF DISCUSSION ITEM City of Miami Page 66 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 BC - BOARDS AND COMMITTEES BC.1 RESOLUTION 7003 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AFFORDABLE HOMEOWNERSHIP LOAN Office of the City PROGRAM TASK FORCE FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Keon Hardemon RESULT: NO ACTION TAKEN City of Miami Page 67 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 BC.2 RESOLUTION 7361 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ART IN PUBLIC PLACES BOARD FOR TERMS Office of the City AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commission-At-Large Commission-At-Large Commission-At-Large Commission-At-Large Commission-At-Large (Alternate At-Large) RESULT: NO ACTION TAKEN City of Miami Page 68 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 BC.3 RESOLUTION 5544 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR Office of the City TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon RESULT: NO ACTION TAKEN City of Miami Page 69 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 BC.4 RESOLUTION 6672 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS Office of the City AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes RESULT: NO ACTION TAKEN BC.5 RESOLUTION 7596 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR Office of the City TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Keon Hardemon RESULT: NO ACTION TAKEN City of Miami Page 70 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 BC.6 RESOLUTION 7513 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVIL SERVICE BOARD FOR TERMS AS Office of the City DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Rafael Cabrera Commission-At-Large Mary Lugo Commission-At-Large Troy Sutton Commission-At-Large ENACTMENT NUMBER: R-20-0197 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes f the last I don't know if it was the last or the meeting before I had a request regarding Civil Service Board, so I want to review that request when we get to that ar Commissioner Reyes: Oh, no, that I was I am nominating for the -- Mr. Ralph Cabrera to the Civil Service Board. I just wanted to make that nomination. Chair Hardemon: Right. I know that -- and the two names that I well, one name that I proffered was Mr. Richard Wade, Jr., and then I know Mr. Troy Sutton. How many positions do we have available? Nicole N. Ewan (Assistant City Clerk): There are three at-large seats on the board, Chair. Commissioner Reyes: Yes. Chair Hardemon: Okay. Commissioner Carollo, I recognize you. Commissioner Carollo: I proffer the name of Mary Lugo. Commissioner Reyes: Okay. Victoria Méndez (City Attorney): Commissioners, are these for Civil Service? Commissioner Reyes: Yes. Chair Hardemon: Civil Service Board. City of Miami Page 71 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Ms. Méndez: Any lawyers maybe being appointed to this board by any chance, just to reel everybody in? Commissioner Reyes: No. Ms. Ewan: No, Madam City Attorney. Ms. Méndez: All right. Commissioner Reyes: Would you like to have a lawyer in this board? Chair Hardemon: Commissioner Mr. Vice Chairman, you had something you wanted to add? Vice Chair Russell: Yeah. Thank you. Just so that we I believe that we have three I mean, five no, there maybe have been five that have been proffered, five names that have been proffered on this agenda; is that correct? Ms. Ewan: Vice Chair, what I heard is Chair Hardemon proffered Richard Wade, Jr., and Troy Sutton. Commissioner Carollo proffered Mary Lugo, and Commissioner Reyes proffered Rafael Cabrera. And I believe t Jimenez, so that would be a total of five names from what I heard. Commissioner Reyes: I am -- Vice Chair Russell: Correct. in other boards, think he would be a and I would any second to that? Vice Chair Russell: That was the point I was trying to make; that maybe we should vote on them as a slate, try to figure it out amongst ourselves here which three we all agree on, and then just push it forward as one slate, because if we do them one at a time Commissioner Reyes: Mr. Chair, can you pick one of the two that you have? all about. To be honest with you, Troy Sutton has served on the board. As I ght. Chair Hardemon: And then, Mr. Richard Wade is a long-term -- I think he's the electrical chief or something to that nature within our -- and so, as I understand, he had an interest in serving on the board, as well. If I were Commissioner Díaz de la Portilla: Where are we, the appointments? you know, continuity makes sense, so I would go with Mr. Sutton, and then could apply again sometime in the future, if I had to choose to City of Miami Page 72 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Commissioner Reyes: Can I make a motion? Vice Chair Russell: Yeah. Commissioner Reyes: Motion then that we -- I mean, I propose Mr. Sutton, Ms. Mary Lugo, and Mr. Ralph Cabrera to fill those positions that -- those three positions. Ms. Méndez: Commissioner Commissioner Reyes: Motion is to appoint Mary Lugo, Rafael Cabrera, and Mr. Sutton. Commissioner Carollo: Second the motion. seconded. Further discussion? a second. Hold on. who could get their motion in first so that we could just discuss on it, horse trade a little bit, and come out with a slate that all of us compromise on. Commissioner Reyes: Yeah, I know, I know. I know you, and what you were trying to do. Commissioner Díaz de la Portilla: Thank you. Commissioner Reyes: Thank you, sir. Sir, like always, very sneaky. in versus having a discussion. Commissioner Reyes: Yeah. Everybody knows everybody here. All of those. Chair Hardemon: Yes, Mr. Senator. Commissioner Díaz de la Portilla: Well, let's take a step back because I agree with Commissioner Russell. I t board and bac about it. I think Commissioner Carollo seconded it for the discussion purposes, and then we can have a conversation. Commissioner Reyes: Absolutely. And I made the motion for discussion. Commissioner Díaz de la Portilla: I have my own names, and we can go back and forth. And I'm sure that Commissioner Russell has different names, and everybody has their own names. I think there has to be some sort of balance here on this -- find that balance, so. what names do you have that you want to proffer, sir? thing, right? I was I thought we were having a debate instead of people trying to up City of Miami Page 73 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 each other; and so, we had a list of there are a number of interviews that I wanted to do in a more methodical way. But I also know a little bit about parliamentary maneuvering and all that. I know a little bit about that. I could have done the same thing, but I decided not to. I kind of wanted to have a conversation about it, you know. And I had no problems with the names that have been proffered, but I want to have a conversation who are the best qualified people to sit on this board. Commissioner Díaz de l thought you were seconding it, Commissioner. Were you the sponsor or the --? Commissioner Reyes: Say it again. Commissioner ars for the conversation. Commissioner Reyes: Me, too. Go right ahead. Commissioner Díaz de la Portilla: No. The conversation is that people that are offering the names and have offered the names, those are the ones that need to explain to the rest o particular individuals are being nominated, and what the reason is behind it, what their credentia at the time when I proffered Mr. Ralph Cabrera, and Mr. Ralph Cabrera has been a member of previous boards Commissioner Díaz de la Portilla: No, I was present. I was present, I was. I was Commissioner Reyes: Oh, okay Commissioner Reyes: Okay. But everybody knows Mr. Cabrera. Cabrera has been around and have been served in other boards and has been very effective in Civil Service Board. And right now he has doing his work. And but do you have any names? I know we can consider it. And been a member of union, and also, she has worked in the Zoning Department I mean Planning Department, I think it is. Commissioner Díaz Unidentified Speaker: Sure. This other person is I mean nomination. Chair Hardemon: The third person is Troy Sutton. Mr. Clerk, has Mr. Sutton ever served as chairman of the -- of that board? City of Miami Page 74 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Commissioner Reyes: I think so. Chair Hardemon: I believe so. Nicole Ewan (Assistant City Clerk): (INAUDIBLE) I believe so, Chair, yes. Commissioner Reyes: He has been a faithful servant of that board for a long time, you see. ever been a chair of anything knows that it's, you know -- Chair Hardemon: -- takes a bit of dedication Commissioner Reyes: You talking for yourself? Chair Hardemon: No, no, no, (UNINTELLIGIBLE) chair of the Joy Luck Club, so it's served me the Civil Service Board, I think, is probably one of the most important boards for the City of Miami, because it gives opportunities for people who are our civil servants to have their issues addr love to have people who are middle of the road; people who will listen to both sides, the administrative side and also Commissioner Reyes: Absolutely. Chair Hardemon: -- by the employee because you want to come up with a solution that is typically fair. No one likes it when it goes all one way or the other way. Commissioner Reyes: Oh, absolutely. Chair Hardemon: Ca always been cautious of that line and been fair to everyone; not rubber-stamping whatever, you know, believes. And so, you know, my mother, I remember, was one person that had was a beneficiary of the Civil Service Board, so I know how important it is when someone is faced with troubles within the Human Resources Department, especially to come to these boards. And so, you with that. Commissioner Carollo, I saw your hand. Commissioner Carollo: Well, I think that the suggestions of Commissioner Díaz de la -year City of Miamian, double; started with the City of Miami in 1991 in the Finance Department. From there, she moved to the Risk Management Department. From the Risk Management Department, she moved up to the Code Enforcement Department and then went to the Zoning Department, where her position is still being held in the Zoning Department also a graduate of Florida Memorial University, with a Bachelor of Science degree in business administration; a City of Miami resident. Chair Hardemon: Any further discussion? Vice Chair Russell: Yes. City of Miami Page 75 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Commissioner Díaz de la Portilla: I have Commissioner Russell? Vice Chair Russell: Either way. My I just wanted to make the case for my proffer, Rodrigo Jimenez, 17 years with the City in the IT (Information Technology) Department. So a humble, general employee servant, so I think it would be a good ld be his last term, Troy Sutton, I think Chair Hardemon: Yes. Vice Chair Russell: -- been fair but tough in case having the general employees represented here in this way was my intent here with my proffer. So I leave it to the board but that is my hope. C Commissioner Díaz de la Portilla: -- so we have three at-large appointments -- correct? -- Commissioner Reyes: Yes, sir. Commissioner Díaz de la Portilla: -- to make the day. And so, Commissioner Carollo has proffered Mary Lugo and Commissioner Reyes has proffered Ralph Cabrera, and Chairman Hardemon has proffered Mr. Sutton. Commissioner Reyes: Yes, sir. Commissioner Díaz de la Portilla: Correct? Vice Chair Russell: And I proffered Mr. Jimenez. Commissioner Díaz de la Portilla: You proffered Mr. Jimenez. And I have not right? and we already have four people being proffered. So what I would support and just remind my colleagues and the majority here or what I think is going to be a majority is that you guys owe me one Commissioner Reyes: He learned that in Tallahassee. Commissioner Díaz de la Portilla: This is the old Tallahassee way. You guys owe me one down the line, so I think I can be supportive today of Commissioner Hardemon that we name Mr. Ralph Cabrera. I will support that particular motion. Commissioner Carollo: Thank you. that nice? I will second that motion. Commissioner Carollo: I thought you were going to suggest the Tallahassee way of doing it: Throw the names in a paper bag and you know. City of Miami Page 76 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 board to do it that way. Commissioner Reyes: Yeah. Commissioner Díaz de la Portilla: So I agree all three are very talented, as is Mr. Jimenez. But, you know, I guess the other three have more experience, I think. I read all the resumés. There were many pe Commissioner Reyes: Yes. Commissioner Díaz de la Portilla: I think these are three all four are very good applicants, and I think the three that I would support are very, very qualified, and have a long history of serving this City very well, so I would be supportive of that particular motion, Mr. Chair. The Commission (Collectively): Aye. Chair Hardemon: Against? That motion carries. BC.7 RESOLUTION 6956 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVILIAN Office of the City INVESTIGATIVE PANEL FOR A TERM AS DESIGNATED HEREIN. Clerk APPOINTEE: NOMINATED BY: Gabriel Paez Civilian Investigative Panel RESULT: NO ACTION TAKEN City of Miami Page 77 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 BC.8 RESOLUTION 6957 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR Office of the City TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commission-At-Large RESULT: NO ACTION TAKEN BC.9 RESOLUTION 6958 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE COMPLIANCE TASK FORCE FOR Office of the City TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Keon Hardemon RESULT: NO ACTION TAKEN City of Miami Page 78 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 BC.10 RESOLUTION 6330 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS Office of the City AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commission-At-Large Commission-At-Large (Alternate Member) RESULT: NO ACTION TAKEN City of Miami Page 79 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 BC.11 RESOLUTION 5547 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS Office of the City AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon RESULT: NO ACTION TAKEN City of Miami Page 80 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 BC.12 RESOLUTION 6734 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN Office of the City AND QUALITY OF LIFE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon Commission-At-Large Commission-At-Large City Manager Arthur Noriega, V RESULT: NO ACTION TAKEN City of Miami Page 81 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 BC.13 RESOLUTION 5976 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD Office of the City FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon IAFF FOP AFSCME 1907 AFSCME 871 RESULT: NO ACTION TAKEN City of Miami Page 82 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 BC.14 RESOLUTION 6959 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS Office of the City DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Manolo Reyes Commissioner Keon Hardemon City Manager Arthur Noriega, V RESULT: NO ACTION TAKEN BC.15 RESOLUTION 1599 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR Office of the City TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes RESULT: NO ACTION TAKEN City of Miami Page 83 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 BC.16 RESOLUTION 7506 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL Office of the City PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES/CATEGORIES: NOMINATED BY: Commissioner Alex Diaz de la Portilla (Architect/Architectural Historian - Category 4) Commissioner Ken Russell (Real Estate Broker Category 5) Commissioner Ken Russell (Citizen Category 7) Commissioner Joe Carollo (Historian/Architectural Historian - Category 3) Commissioner Joe Carollo (Business and Finance or Law Category 6) Commissioner Manolo Reyes (Architect Category 1) Commissioner Manolo Reyes (Alternate in Business and Finance or Law Category 8) Commissioner Keon Hardemon (Citizen Category 7) Commissioner Keon Hardemon (Landscape Architect Category 2) RESULT: NO ACTION TAKEN City of Miami Page 84 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 BC.17 RESOLUTION 7597 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, Office of the City FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Manolo Reyes Commissioner Keon Hardemon RESULT: NO ACTION TAKEN BC.18 RESOLUTION 7595 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE LIBERTY CITY COMMUNITY REVITALIZATION Office of the City TRUST FOR A TERM AS DESIGNATED HEREIN. Clerk APPOINTEE: NOMINATED BY: Keon Lewis City Manager Arthur Noriega, V ENACTMENT NUMBER: R-20-0198 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: A motion was made by Commissioner Reyes, seconded by Chair Hardemon, and was passed unanimously, to appoint Keon Lewis as a member of the Liberty City Community Revitalization Trust; further waiving the employment prohibition contained in Section 2-884(e) of the Code of the City of Miami, as amended, by a four fifths (4/5ths) vote of the members of the City Commission, as said requirement relates to the appointment of Keon Lewis as a member of the Liberty City Community Revitalization Trust. Chair Hardemon: Are there any other board appointments that we need to be aware of? City of Miami Page 85 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Nicole N. Ewan (Assistant City Clerk): Yes, Chair and Commissioners. BC.18, Liberty City Community Revitalization Trust: City Manager Noriega will be reappointing Keon Lewis, who is an employee of Miami-Dade County Public Schools, so he requires a 4/5ths employment waiver. Commissioner Reyes: Move it. Chair Hardemon: The Chair seconds that. Seeing no discussion, all in favor, say The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. BC.19 RESOLUTION 5451 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S COUNCIL ON GLOBAL Office of the City COMPETITIVENESS FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Keon Hardemon Commission-At-Large Commission-At-Large RESULT: NO ACTION TAKEN City of Miami Page 86 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 BC.20 RESOLUTION 6960 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI COMPLETE COUNT COMMITTEE FOR Office of the City TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo RESULT: NO ACTION TAKEN BC.21 RESOLUTION 5199 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND Office of the City OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Keon Hardemon Commissioner Keon Hardemon RESULT: NO ACTION TAKEN City of Miami Page 87 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 BC.22 RESOLUTION 7261 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI RIVER COMMISSION FOR A TERM AS Office of the City DESIGNATED HEREIN. Clerk APPOINTEE: NOMINATED BY: Commission-At-Large RESULT: NO ACTION TAKEN BC.23 RESOLUTION 5039 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE OVERTOWN ADVISORY BOARD/OVERTOWN Office of the City COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Keon Hardemon Commissioner Keon Hardemon Commissioner Keon Hardemon Commissioner Keon Hardemon Commissioner Keon Hardemon (Youth Member) RESULT: NO ACTION TAKEN City of Miami Page 88 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 BC.24 RESOLUTION 7598 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD Office of the City FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes RESULT: NO ACTION TAKEN BC.25 RESOLUTION 3693 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME Office of the City COMMITTEE FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission-At-Large Commission-At-Large Commission-At-Large City of Miami Page 89 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 RESULT: NO ACTION TAKEN BC.26 RESOLUTION 5453 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD Office of the City (UDRB) FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon RESULT: NO ACTION TAKEN City of Miami Page 90 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 BC.27 RESOLUTION 5844 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AND CONFIRMING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY ADVISORY BOARD Office of the City FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Ken Russell Commission-At-Large Lynn Lewis National Trust for Historic Preservation MOTION TO: Continue RESULT: CONTINUED 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 BC.27 was continued to the September 10, 2020, City Commission Meeting. Nicole N. Ewan (Assistant City Clerk): And the last board appointment, BC.27, Virginia Key Advisory Board: The National Trust for Historic Preservation has recommended the reappointment of confirmation of that reappointment. Commissioner Díaz de la Portilla: And I have an issue. I have an issue with this particular appointment. And maybe you can explain to me, Madam Attorney, what the process is. This is an at-large Commission appointment, but why is the board e Stadium thing has not and I really want to have a board board members there that are cognizant of the need to move that issue forward, and to maybe take a second look at some of the plans that have been proffered over the years that have not worked and have been delayed and construction costs and overru completely happy watching from afar before I was elected with what this particular what the Virginia Key Advisory Board had been doing in referencing addressing these issues. tell me how that process works. Why? What particular expertise does Ms. Louis bring to move these projects forward to this board? And but before you tell me that, does the Board appoint, or we coese boards, so I need a little bit of Victoria Méndez (City Attorney): So all those different boards have different Clerk, based on this particular board; if not, we may need to reset it so that we can properly brief you on all the criteria for the board appointments. City of Miami Page 91 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Commissioner Díaz de la Portilla: Well, I would ask my colleagues then if they could defer this matter until we have that opportunity for maybe the next Commission meeting. Chair Hardemon: Opportunity. The motion is seconded by the Chair. Seeing no discussion, all in favor, s The Commission (Collectively): Aye. Commissioner Díaz de la Portilla: Thank you. Chair Hardemon: Motion carries. Ms. Ewan: And Commissioner Reyes: And if I may also include, and not only in this board. I know there are other boards that they are the nomination comes from within the board, and we Civil \[sic\] Investigative Board. I mean, they are reappoint and they are the ones that pick the people that are going to be serving there. And I have in my and my objection to Mr. Díaz de la Portilla, that you brought this up, because I think that we have to review the how we are selecting people that are going to be serving on the boards, because some people have been perpetuating them self, in those boards, moving forward in the problems that are affecting those boards that they represent. Commissioner Díaz de la Portilla: And I agree with that. And I think a lesson mandated by ordinance or by statute, Florida Statute I think that we should really, really, really look at how these boards are appointed. Ultimately, this Commission should be the entity that appoints all board members, as many as we can, legally. So I ---on, Commissioner Reyes, maybe do an Commissioner Reyes: Sure. Commissioner Díaz de la Portilla: -- ordinance that we deal with how we name all th, you know, patting each other on the back thing going on, because they get to know each other, and they say, the board is going to name our people and then the duly elected officials of the City of Miami lose control -- Commissioner Reyes: Absolutely. Commissioner Díaz de la Portilla: -- of who the board members are and how the to kind of fuse the system. But I agree that ultimately, this Board of County Commissioners and the Mayor, we get to name these board members. Commissioner Reyes: Of course, sure. Commissioner Díaz de la Portilla: I agree with you. Commissioner Reyes: Okay. Thank you, sir. Chair Hardemon: Okay. Boards and Committees are complete, right? City of Miami Page 92 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Ms. Ewan: Yes, Chair. Thank you. BC.28 RESOLUTION 7246 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR Office of the City TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES City of Miami Page 93 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 NA - NON-AGENDA ITEM(S) NA.1 RESOLUTION 7614 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RON DESANTIS TO EXTEND EXECUTIVE ORDER Commissioners and 20-69 BEYOND THE 12:01 A.M., AUGUST 1, 2020 DEADLINE Mayor THROUGH AT LEAST SEPTEMBER 30, 2020; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-20-0199 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla Chair Hardemon: So let me have the reading of the headings for the pocket items, please. Victoria Méndez (City Attorney): Vice Chairman Russell, would you like me to read yours or would you like to do it? Vice Chair Russell: I'll do it, thanks. I have two pocket items, please. One is urging the Governor to extend the executive order that allows us to have virtual meetings. As you may know, this is expiring. And he may have the intention already of extending this -- and I know League of Cities is pressing for this -- but so far, nothing official has happened. And with the state of the pandemic currently, I think we should preserve our ability to meet in this fashion, both for our safety and that of our residents. The Resolution was read by title into the public record by Vice Chair Russell. \[Later\] Chair Hardemon: Commissioners, is there a motion to approve PI.1, PI.2, and PI.3; the pocket items? Chair Hardemon: Been properly moved; seconded by the Chair to approve the pocket items, PI.1, 2, and 3. Commissioner Carollo: When can I bring a couple of simple pocket items back on? Chair Hardemon: Can you sp the microphone? Commissioner Carollo: Thank you. When can I bring some pocket items on? City of Miami Page 94 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 on the record already? because go on those. Commissi ack to you. Commissioner Carollo: Okay. Thank you. Chair Hardemon: All right. Any further discussion on the motion on the floor? Commissioner Reyes: No. The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. NA.2 RESOLUTION 7637 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE City Commission THE CONCERNS OF THE RESIDENTS OF THE CITY OF MIAMI, ASSESSMENT FOR THE SOUTH-CENTRAL FLORIDA METRO PLEX PROJECT REGARDING AS IT RELATES TO FLIGHT PATHS TO AND FROM THE MIAMI CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-20-0200 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For additional minutes referencing Item NA.2, please see Item NA.1. Vice Chair Russell: My other pocket item is with regard to the Federal Aviation Administration. And this is something that many residents are not aware of yet, although the FAA (Federal Aviation Administration) has done a public comment period. They are altering their patterns of takeoff and landing for the Miami City of Miami Page 95 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 International Airport. And the public comment period, which is about to expire, doesn't really have a comment from (INAUDIBLE) -- Chair Hardemon: Did we lose Ken? I think we lost Ken. Madam City Attorney, can you read the heading of his Pocket Item Number 2? Ms. Méndez: Yes. The Resolution was read by title into the public record by the City Attorney. Chair Hardemon: Thank you very much. So pocket number -- for reference, Pocket Item Number 1 will be urging the Governor to extend the virtual meetings, and Pocket Item Number 2, PI.2, will be the Federal Aviation Administration item. And so, we will be including these in public hearing portion for comment. If anyone wants to comment on those items, they will be allowed to. NA.3 RESOLUTION 7640 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO ENGAGE OUTSIDE City Commission COUNSEL FOR THE REPRESENTATION OF THE CITY OF MIAMI EFFORTS SEEKING TO REQUIRE THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS TO DESIGNATE THE HISPANIC BRANCH LIBRARY AND THE WEST FLAGLER BRANCH LIBRARY AS EARLY VOTING SITES FOR THE PRIMARY ELECTION SCHEDULED FOR AUGUST 18, 2020, PURSUANT TO RESOLUTION NO. 20-0188, ADOPTED ON JUNE 25, 2020; FURTHER AUTHORIZING THE CITY ATTORNEY TO PURSUE THE SHENANDOAH BRANCH LIBRARY AS AN ADDITIONAL EARLY VOTING SITE FOR THE PRIMARY ELECTION SCHEDULED FOR AUGUST 18, 2020; FURTHER AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES AND COSTS ASSOCIATED WITH SAID ENGAGEMENT, WITH FUNDS ALLOCATED FROM NON-DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-20-0201 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For additional minutes referencing Item NA.3, please see Item NA.1. Chair Hardemon: So now what we will do is we will move now to our personal appearances, so we have a personal appearance from Mr. Elvis Cruz. Victoria Méndez (City Attorney): Chairman. Chair Hardemon: Yes. Ms. Méndez: I believe Commissioner Díaz de la Portilla -- City of Miami Page 96 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Chair Hardemon: Oh, he has an item? Ms. Méndez: He had his -- Chair Hardemon: Senator, you're recognized. Commissioner Díaz de la Portilla: Thank you. I'm having -- Ms. Méndez: He has (INAUDIBLE). Commissioner Díaz de la Portilla: Sorry, I'm having some technical difficulties, also here, so I apologize. I have a pocket item, also that I think has now been distributed, because I spoke to the City Attorney a little while ago and I want to make sure that it's distributed. But it's basically to hire outside counsel for a lawsuit that we're going to pursue against Miami-Dade County for opening the polling sites, the early voting sites that we had discussed at the last Commission meeting that we passed the resolution urging Miami-Dade County to open additional voting sites in Little Havana, in particular, to make sure that we don't disenfranchise those voters in a very critical election time and during difficult times for everyone, particularly for older people that need to have access to polling sites and the ability to exercise their right to vote. So we're going to pursue a lawsuit. I've asked the City Attorney, based on the resolution that this Commission passed, to pursue a lawsuit against Miami- Dade County and the Supervisor of Elections, and Mayor Gimenez to make sure that we are able to open up those additional voting sites. The pocket item is to hire outside counsel to assist us in that ability to form -- you know, have a good legal case. And we have complete confidence in our Legal Department and their ability to do the job they're going to do, but I think it's always better to have an expert in election law come onboard and help us -- guide us through this process. Chair Hardemon: Commissioner Reyes. Commissioner Reyes: Yes. I totally agree with and I will support Commissioner -- I don't know if you're including specific polling places. And I have two polling places that I think is very important that they will be included. It is the library in Shenandoah and the library on Flagler Street; 30 -- I mean, 5050 West Flagler, which is a place that most of those elders from the area, they just walk into the -- I mean, that library and they will vote. And those two libraries, they have always been polling places. And for the -- I mean, since I remember, I don't know why they have been left out. Commissioner Díaz de la Portilla: Well, the -- Chair Hardemon: You're recognized, Senator. Commissioner Díaz de la Portilla: Yeah. The lawsuit would -- I mean, obviously, there's also the additional one at -- I believe it's 1398 Southwest 1st Street, Hispanic Branch Library, that we had discussed at our last meeting. Commissioner Reyes: That's right. Commissioner Díaz de la Portilla: And that's kind of the center of Little Havana. So I think the specific early voting sites will be determined through the judicial process, but I have no problem; the more, the merrier. I think they're going to -- legally, they're going to argue that they can't open that many more. But, yes, having the people that we represent have the ability to go vote, elderly people, especially at these times that they're afraid to go out of their homes, to actually further impede City of Miami Page 97 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 It's something that we should be -- we should not be fighting always for, making sure that they have the right to vote. So I have no problem with Shenandoah being included in the list as we move forward. I have no problem with 5050 West Flagler. 5050 West Flagler was one of the ones that we included in the resolution. But of course, 1398 Southwest 1st Street is critical -- Commissioner Reyes: Absolutely. Commissioner Díaz de la Portilla: -- because that's right there at the center of one of the poorest areas of Little Havana. And to me, it's shocking, Commissioners, that Miami-Dade County would decide to leave no early voting site open, no early voting site in Little Havana, and no early voting site in Allapattah. Commissioner Reyes: Flagami. n, or why the obviously was made. It seems political in nature to me, but I think the courts will help us resolve and remedy this matter in a way that's fair to all the residents that we do not want to disenfranchise so that they have the right to vote like any other citizen. They should not be treated as second-class citizens by any governmental entity or any governmental leader in this community. So, yes, Commissioner Reyes, I agree with you. We can open all of them. It would be fantastic; the more, the merrier. The main concern across the board is about having, you know, early voting sites because of the pandemic that we're suffering of people interacting and going to public places. But if we're going to open them, let's open them to everybody and not just -- Commissioner Reyes: Absolutely. Commissioner Díaz de la Portilla: -- for a select few people. So I think, yes, thank you for supporting the pocket item, and I agree with you. Chair Hardemon: Okay. So can we have that heading read into the record, please? Ms. Méndez: I just wanted to clarify something. Commissioner Reyes, the last meeting, we just talked about two sites, which was the Hispanic Branch Library and the West Flagler Branch Library. So this request for retaining outside counsel with an expertise in election law then will also include a third site, which is the Shenandoah Library. Commissioner Reyes: Yes. I do understand that, and last meeting, I also mentioned Shenandoah Library. And the -- you know, what really irks me -- and I understand Commissioner Díaz de la Portilla being so upset about it and making all those questions -- is it political in nature? What's going on? Because those two sites that we are mentioning, traditionally, they have been early voting sites all the time, I mean, since I can remember. And why are they taken -- they're left out now? And those are -- I mean, the majority of the voters there, they are Hispanics, and the majority, they are elders. And most of the elders, they are kind of conservative. And I don't know -- and if you try to make by logical deduction what's going on and you might start thinking the same line that Commissioner Alex Díaz de la Portilla is thinking, you see. I mean, why were they left out when they are so important, and they are heavy voting precincts? I mean, the participation there is extremely high in those two sites. So I -- that's why I wanted to include that. Commissioner Díaz de la Portilla: And I want to remind -- if I may, Mr. Chair. City of Miami Page 98 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Chair Hardemon: Please. Commissioner Díaz de la Portilla: I wanted to remind my fellow Commissioners we had a similar issue two years ago when there was an attempt -- when Miami Dade College students wanted to open up an early voting site at Miami Dade College. And Miami- to have the right to vote and have easy access to a voting place -- Commissioner Reyes: That's right. Commissioner Díaz de la Portilla: -- and the County reversed its decision and decided to open a site at FIU (Florida International University) and at Miami Dade College, because you can't disenfranchise young people. The same way you cannot disenfranchise young people, you should not disenfranchise seniors that have a right to vote. You should never disenfranchise any voter, particularly a minority group. We have to remember that a lot of these single-member districts were created to empower minorities and minority participation in government, and the ability of minorities to get elected. In fact, I think it was Congressman Carrie Meek that led the effort to have single-member districts in -- along with Maurice Ferre and other leaders in this community back then to allow these special member districts for the courts to decide in favor of special -- of single-member districts. So to deny the people that were -- that have the right to vote the accessibility to those voting places is unconscionable, in my opinion. So I think that we move forward, we sue the County, and we see what a judge will say about this. And by the way, I think -- I would have preferred to have been able to have a reasonable conversation with our County Mayor. I believe our County Manager tried to have that conversation. I believe our City Attorney's Office tried to have that conversation with the County Attorney's Office. You exhausted all avenues, all reasonable avenues, of course, to have the ability to have a conversation about doing what's right. So, unfortunately, we're only left with one remedy, and that is the judicial system. Chair Hardemon: Madam City Attorney, can you read the title into the record, please? Ms. Méndez: The title is -- The Resolution was read by title into the public record by the City Attorney. Commissioner Díaz de la Portilla: It's the Hispanic Branch Library on 13 -- Hispanic Branch Library. Commissioner Reyes: That's right. Ms. Méndez: Hispanic Branch Library. Chair Hardemon: Then I will address it as PI.3 for references. Ms. Méndez: Thank you. City of Miami Page 99 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 NA.4 DISCUSSION ITEM 7642 DIRECTION BY CHAIR HARDEMON TO THE CITY ATTORNEY TO DRAFT A RESOLUTION REGARDING DISPARITY STUDIES FOR City Commission AFRICAN AMERICAN MINORITY WOMEN-OWNED BUSINESSES. RESULT: DISCUSSED Chair Hardemon: Now, this whole 2008 disparity study -- obviously, that's just a bit before my time in the City of Miami -- quite a bit before my time actually. And, you know, and the disparity study is something completely different necessarily than the LGBTQ clause that we just put -- that I just read into the record. And so, Madam City Attorney, what I would like for you to do is draft a resolution -- or it's just a direction to the City Attorney to draft a resolution regarding disparity studies for African- American, minority and women-owned businesses so that we can have an opportunity to discuss that on the dais separately and provide the tools necessary to help underrepresented historically businesses within our community so that they have a better opportunity to compete. NA.5 DISCUSSION ITEM 7643 A MOTION BY THE CITY COMMISSION DIRECTING THE CITY MANAGER TO SCHEDULE ITEM FR.2 (FILE 7566) FOR SECOND City Commission READING ON THE JULY 23, 2020, CITY COMMISSION AGENDA. MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla Chair Hardemon: Madam City Attorney, also, we passed earlier on the record FR.2. The Chair would like a motion so that it comes back for second reading at our next scheduled meeting. Victoria Méndez (City Attorney): Okay. Chair Hardemon: Okay? Is there a motion? Can someone Ms. Méndez: Clerk. Commissioner Reyes: I move it. Ms. Méndez: Madam Clerk -- Commissioner Reyes: It's been properly -- Ms. Méndez: -- you heard that? Chair Hardemon: -- moved by Commissioner Reyes; seconded by the Chair to have The Commission (Collectively): Aye. Chair Hardemon: Motion carries. City of Miami Page 100 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 NA.6 RESOLUTION 7644 A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING THE WEEK OF JULY 12, 2020, THROUGH JULY 18, 2020, AS City Commission POLICE DFICERS THE MERIT, DIGNITY, BRAVERY, AND RELIABILITY THEY EXHIBIT EACH AND EVERY DAY; FURTHER DIRECTING THE CITY MANAGER TO OBSE OFFICERS APPRECIATION ENACTMENT NUMBER: R-20-0202 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: Okay. Now, Commissioner Carollo has some items that he would like for as pocket items. Madam City Attorney, how are we going to do the public comment regarding those items? Victoria Méndez (City Attorney): I believe then the way that we would do it is that he can state what the pocket is. Since we still have the BCs (Boards and Committees) and we have my script for the attorney/client session to leave, we can allow for public comment to be opened. People could call in for a few minutes and deal with it that way, and then come back to voting on the pockets. Chair Hardemon: Okay. Can we do this? Commissioner Carollo, can you read the heading of your pocket item into the record, please? a resolution declaring, beginning this Sunday, July 12, to Saturday, July 18, Miami Police Law Enforcement one. Chair Hardemon: Okay. \[Later\] Chair Hardemon: Has anyone called in for public comment on the PI (Pocket Item) Number 4 and PI.5? Mr. Manuel Otero (Web Administrator, Innovation and Technology): No. Chair Hardemon: All right. Seeing none, is there a motion to approve PI Number 4? Ms. Méndez: Chairman, I just wanted to confirm that all the Commissioners have received also all the public comments that has been emailed and submitted through the online public comment forms for this meeting. City of Miami Page 101 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Commissioner Reyes: Yes. Before we adjourn, I would like to make a comment for I request from the City Manager. Chair Hardemon: Okay, we will. But it has been properly moved and seconded for PI (Pocket Item) Commissioner Reyes: Yes, sir. Yes, sir. Chair Hardemon: Any further discussion? Commissioner Carollo: What item is that again, please? your pocket item. Commissioner Reyes: Your pocket item, sir. Commissioner Carollo: Okay, the -- Victoria Méndez (City Attorney): And the zero tolerance one. ght. Chair Hardemon: Well, we moved them before right now. Commissioner Reyes: They are separate. The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. NA.7 RESOLUTION 7645 A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING ZERO TOLERANCE AND IMPLEMENTATION OF AN IMMEDIATE City Commission ACTION PROGRAM AGAINST ANY TYPE OF VANDALISM OR DESTRUCTION OF CITY OF MIAMI OR PRIVATE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE USE OF CIVIL CITATIONS, ARRESTS, FINES, AND THE RAPID REMOVAL OF GRAFFITTI. ENACTMENT NUMBER: R-20-0203 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Commissioner Carollo: The second one is a resolution requesting through the City Manager to the Police Chief zero tolerance and immediate action on any vandalism or destruction of City or private property. City of Miami Page 102 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Commissioner Reyes: Mr. Chair? Chair Hardemon: Yes. Commissioner Reyes: I want to cosponsor those two resolutions. Chair Hardemon: Noted for the record. Is there anything else, Commissioner Carollo, just those two? Commissioner Carollo: Those are the items. Chair Hardemon: All Enforcement Appreciation Week as PI.4, and the zero-tolerance item as PI.5. And appear via Zoom, or any other way. Vice Chair Russell: Mr. Chairman? ommissioner. Vice Chair Russell: I two questions. One I didn't hear the full description of the second pocket item from Commissioner Carollo. And I also wanted to ask the City Attorney if I forgot to ask earlier we needed to add any emergency language to any of the pocket items; if anything is missing for 233(f) language in the previous pocket items that we passed. Victoria Méndez (City Attorney): There was language in one of them and there was not in the other one, so we will add that, because it was of an emergency nature for language on them; the same for oh. And the outside counsel one, we will also add that emergency language, and for these that are coming up for Mr. Commissioner Carollo. Vice Chair Russell: And then thank you. And I apologize, Commissioner. I couldn't hear very well on the second pocket item; if you could restate it? Commissioner Carollo: Surely. The second pocket item is requesting of the Police Chief zero tolerance and immediate action on the destruction of City or private property. Chair Hardemon: Did you hear him, Mr. Vice Chairman? . Chair Hardemon: Okay. \[Later\] Chair Hardemon: PI.5. Was there a motion? Commissioner Reyes: Move it. Chair Hardemon: Been properly moved; seconded by Commissioner Carollo. Any discussion of that item? Seeing no further discussion, all in fav The Commission (Collectively): Aye. City of Miami Page 103 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Chair Hardemon: All against? That motion carries, as well. NA.8 DISCUSSION ITEM 7646 DISCUSSION BY CHAIR HARDEMON DIRECTING THE CITY MANAGER TO EXPLORE THE UNDERUTILIZED VACANT LOT City Commission LOCATED AT APPROXIMATELY 3RD AVENUE AND 9TH STREET UNDERNEATH THE EXPRESSWAY FOR PARKING FOR THE BUSINESSES IN THE AREA. RESULT: DISCUSSED Chair Hardemon: Mr. Noriega, whenever you come on, I want to say something to you. In the meantime, Madam City Attorney, you have a okay. Well, Mr. Noriega, there is a in Overtown business owner in the Overtown area. He owns a coffee shop there. And we there is a vacant lot that was next to that building, which is off of 3rd Avenue and about I approved parking space or area. However, underneath the expressway, there was available parking that was there that, under the last City Manager, they were in a discussion about utilizing that space for parking for the businesses that were on 2nd Avenue that were just near 9th Street, because there's a lack of parking. And the City was not really using that space particularly. They were storing things there or we were or it was just locked up. So can you look into that issue? Because I know al space at the bottom of it, as well. So -95, so it would be important to kind of have some space there available for parking for the businesses. nto it. Chair Hardemon: Thank you, sir. City of Miami Page 104 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 NA.9 DISCUSSION ITEM 7647 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA -69 City Commission AND 20-150, A VIRTUAL PRIVATE ATTORNEY-CLIENT SESSION 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 Chair Hardemon: Madam City Attorney, can you read into the record your statement for the meeting? Victoria Méndez (City Attorney): Yes, Chairman. Mr. Chairman and members of the Commission, pursuant to provisions of Section 286.0118 of Florida Statutes and meeting of July 23, 2020, a virtual attorney/client session closed to the public be held for purposes of discussing pending litigation in the matter of 3384 Day Avenue Investments, Inc. versus City of Miami; Case Number 2019-23993-CA-11, pending in the Circuit Court for the Eleventh Judicial Circuit, in Miami-Dade County, Florida, to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations or strategy discussions related to litigation expenditures. This private meeting will begin at approximately 10 a.m., or as soon thereafter as the Commissioners schedules permit, and conclude approximately one hour later. The session will be attended by members of the City Commission, which include City of Miami Page 105 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Chairman Keon Hardemon; Vice Chairman Ken Russell; and Commissioners Alex Díaz de la Portilla, Joe Carollo, Manolo Reyes; City Manager Art Noriega; City Attorney Victoria Méndez; Deputy City Attorneys John Greco, Barnaby Min, and Senior Assistant City Attorneys Keri McNulty and Rachel Dooley; Assistant City Attorney Daniel Goldberg. A certified court reporter will be present virtually to ensure that this session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney/client session, the regular virtual Commission meeting will be reopened, and the person chairing the meeting will announce the termination of the attorney/client session. Thank you. Chair Hardemon: Thank you very much. NA.10 DISCUSSION ITEM 7648 DISCUSSION BY COMMISSIONER REYES REGARDING COVID- 19 TESTING FOR EMPLOYEES WHO REPORT TO WORK. City Commission RESULT: DISCUSSED Commissioner Reyes: Yes. Mr. Manager, I have we have a substantial number of employees, particularly those that are on that work the Parks, NET (Neighborhood Enhancement Team) and Public Works, that they have been they are testing positive for COVID-19. And what I'm requesting I'm requesting that all of those employees, that they are not safe and working from home, that they are out there on the field, like those also Sanitation that they should be tested. I think that the City should test them in order because they -- For example, in Public Works, when five people in the same truck. So we have to make sure that nobody is contaminating we test all those employees in order to avoid further contamination and protect their health. Art Noriega (City Manager): So we issued a bulletin, Commissioner Reyes, offering testing available to any City employee that felt they needed to, and we've created a already in progress. Commissioner Reyes: But can you make an effort that will make it as easy for them as possible? And as a matter of fact, try to get them into being tested, and request that they be tested. Mr. Noriega: It's voluntary. Commissioner Reyes: I think that we have the authority as an employer. Mr. Noriega: No, we do not have the authority to mandate a test. Commissioner Reyes: But Mr. Noriega: We can elf-isolate for 14 days, but we cannot require that they be tested. well, Madam City Attorney, can we require it? City of Miami Page 106 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Unidentified Speaker: No. Going in the other direction. Ms. Méndez: As in force someone to take the test? come to work, you have to b I mean, we are in an emergency now. If you are not tested, if you are not I mean, if you are a carrier and this past wave of tests have shown that there is a great percentage of people that they And what t Ms. Méndez: We can so the remember that these tests are a bit intrusive. We can definitely take the temperature and ask certain questions. I need to get back to you on the actual Commissioner Reyes: Yeah. And try to encourage them and make them responsible, that everybody protection. And I have talked to many, many employees and of from those departments, and they are very and I am very concerned, because we have and be victims of COVID-19, you see? Ms. Méndez: We remember that whenever we do the initial questions, inspections, exposure, and we take the temperature? You know that we can send them home Commissioner Reyes: Yeah, well send them Ms. Méndez: -- if they are suspected of having anything. Commissioner Reyes: Well, you can send them home and that is fine. But what we want to do is we want to curtail this virus, you see. And I think that we should try to encourage them to take the test as much as we can. Mr. Noriega: So in addition to encouraging them to take the test, we also require that they wear PPE (personal protective equipment) Commissioner Reyes: Yes. Mr. Noriega: -- t measure of we are requiring that as an absolute requirement, and part of their every-day responsibility in terms of their uniform. Commissioner Reyes: And it have to be very enforced. Mr. Noriega: Yes, sir. Commissioner Reyes: It have to be enforced, strictly enforced. Mr. Noriega: And we are working on measures, as well, to limit the amount of travel-related exposure relative to -- even the number of people in vehicles, as well, and working on a plan on that as well. Commissioner Reyes: Yes. And the people that work in parks, for example, they work side by side. I mean, there is no other way around it. Okay. Thank you, sir. And do whatever is possible to get as many people tested as possible. City of Miami Page 107 Printed on 9/02/2021 City Commission Meeting Minutes July 9, 2020 Mr. Noriega: Will do. Chair Hardemon: All hearts and all minds clear? Commissioner Reyes: Yes, sir. Chair Hardemon: Wonderful. This meeting is adjourned. Vice Chair Russell: Take care, everyone. Mr. Noriega: Thank you. Commissioner Reyes: Thank you. Ms. Méndez: Thank you. Commissioner Reyes: Thank you very much. END OF NON-AGENDA ITEM(S) ADJOURNMENT The meeting adjourned at 1:04 p.m. City of Miami Page 108 Printed on 9/02/2021