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HomeMy WebLinkAboutCC 2023-04-13 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, April 13, 2023 9:00 AM City Commission Meeting City Hall City Commission Francis X. Suarez, Mayor Christine King, Chair, District Five Joe Carollo, Vice Chair, District Three Alex Diaz de la Portilla, Commissioner, District One Sabina Covo, Commissioner, District Two Manolo Reyes, Commissioner, District Four Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes April 13, 2023 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo, Commissioner Diaz de la Portilla, Commissioner Covo and Commissioner Reyes On the l3th day of April 2023, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chairwoman King at 9:25 a.m., recessed at 11:54 a.m., reconvened at 3:42 p.m., and adjourned at 4:54 p.m. Note for the Record: Vice Chair Carollo entered the Commission chambers at 9:35 a.m., and Commissioner Diaz de la Portilla entered the Commission chambers at 9:41 a.m. ORDER OF THE DAY Chair King: At this time, we are going to have our invocation by Pastor Terrell Matthews of 54th Street Ministries. Good morning, Pastor. Thank you for being here with us. Terrell Matthews: Thank you so much. It's an honor. I think -- first of all, I'd like to introduce myself. I'm Pastor Terrell Matthews, 54th Street Ministries, in the heart of Liberty City. I was born in Alabama, but I've lived in Miami for 64 of my 70 years. I grew up in this community. And all of my friends are leaving sometimes for economic reasons, but they're trying to convince me to leave Miami, but I can't. You know why? I love Miami. I love Miami. Applause. Mr. Matthews: So, I'm going to -- I have this imaginary prayer box. Commissioner King, I'm going to put your name right in there and all the other dignitaries and everybody in their respective places. And also, if I didn't call your name, I don't know if went to the concert last week with Tasha Cobb, and she said, "He knows my name, " so your name is going in there also. Let us bow our heads. Invocation delivered. Chair King: Thank you. Commissioner Reyes, would you honor us in the pledge of allegiance? Commissioner Reyes: My pleasure. Pledge of allegiance delivered. Chair King: Thank you. Chair King: At this time, I believe our City Attorney has a statement to read for the record. Victoria Mendez (City Attorney): Thank you, Madam Chair. Detailed information about processes, order of business, rules of procedure, the scheduling and rescheduling of City Commission meetings can be found in Chapter 2, Article 2 of the City Code, a copy is available online at wwwmunicode.com [sic]. 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 the related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City Commissioner, board member, staff member or City official until registering. A copy of the Code section City of Miami Page 1 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 about lobbyists is available in the City Clerk's Office or online at wwwmunicode.com [sic]. Any person making a presentation, formal request, or petition to the City Commission concerning real property may make the disclosures required by the City Code in writing. A copy of this code section is available at the Office of the City Clerk or online at wwwmunicode.com [sic]. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing any consideration provided or committed to anyone for agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. In accordance with Section 2-330 and (g) of the City Code, the agenda and 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 wwwmiamigov. com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. Public comment will begin at approximately 9 a.m. and remain open until public comment is closed by the Chair. Members of the public wishing to address the body may do so by submitting written comments via the online comment form. Please visit wwwmiamigov.com/meetinginstructions [sic] for detailed instructions on how to provide public comment using the public comment form. The comments submitted through the comment form have been and will be distributed to elected officials, their staff, and City Administration throughout the day so the elected officials may consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept all comments and distribute to the elected officials, their staff and the City Administration up until the Chair closes public comment. Public comment may also be provided live here at City Hall, located at 3500 Pan American Drive, Miami, Florida, subject to any and all City rules as they may be amended. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. When addressing the City Commission, the member of the public must first state their name, address, and what item will be spoken about. Any person requiring disability -- assistance, auxiliary aids, and services for this meeting may not fy the City Clerk. The City has provided different public comment methods to indicate, among other things, the public's support, opposition, or neutrality on items and topics to be discussed at the City Commission meeting in compliance with Section 286.0114 (4)(c), 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. Please note Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. Anyone wishing a verbatim record of an item considered at the meeting may request it at the Office of Communications or view it online at wwwmiamigov. com [sic]. PZ (Planning and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance. Parties for any PZ items, including the applicant, appellant, appellee, City staff, and any member recognized by the decision -making body as a qualified intervenor, as well as the applicants, representatives, and any experts testing on behalf of the applicant, appellant, or appellee, may either be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk and make arrangements to be sworn in by oath or affirmation in person. The members of the City Commission shall disclose any communications pursuant to Florida Statute 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Ordinance. The order of presentation shall be as set forth in Miami 21 and the City Code. Staff will briefly present each item to be heard. The applicant will present its application or request to the City Commission. If the applicant agrees with staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be City of Miami Page 2 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 allowed to make any recommendation they may have. Please silence all cellphones and other noisemaking devices at this time. This meeting can be viewed live on Miami TV, the City's Facebook page, the City's Twitter page, the City's YouTube channel, and Comcast Channel 77. The broadcast will also have closed captioning. Thank you. Chair King: Thank you. Mr. City Clerk. Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony to be sworn in for the Planning and Zoning items and any quasi judicial items on today's Commission agenda will be as follows: The members of City staff or any other individuals required to be sworn in who are currently present at City Hall will be sworn in by me, the City Clerk, immediately after I finish these procedures. Commissioners, are you comfortable with the notice provisions set forth in these uniform rules and procedures we have established for this meeting? Chair, is it okay if I now administer the oath for the Planning and Zoning items? Chair King: Please. Mr. Hannon: Thank you, Chair. Good morning, ladies and gentlemen. Good morning, ladies and gentlemen. If you'll be speaking on any of today's Planning and Zoning items, may I please have you stand and raise your right hand? And that's just for the Planning and Zoning items. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair King: At this time, Mr. City Manager, do you need --? Are there any items that will be deferred or withdrawn? Arthur Noriega (City Manager): Good morning, Madam Chair, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: PH.1, to be deferred to April 27th; RE.8, to be indefinitely deferred; FR.2, to be indefinitely deferred; on the PZ (Planning and Zoning) agenda, PZ.1, to be deferred to May 11 th; PZ.2, to be deferred to May 11 th; PZ.3, to be deferred to May 11 th; and PZ.6, to be deferred to May 11 th. Also, on the PZ agenda, the chairwoman has requested that she be added as a sponsor for PZs 9 and 10. That concludes the plasma. Chair King: Vice Chair, are there any items that you would like to defer or withdraw? Vice Chair Carollo: Not at this point in time, Chair. Thank you. Chair King: Commissioner? Commissioner Diaz de la Portilla: Not at this point. Commissioner Covo: I would like to add a pocket item -- Chair King: Okay. Commissioner Covo: -- to discuss the flooding. I would want a report from the Administration regarding what we've been going through for the past three days and a possibility of a plan before hurricane season starts on June lst. City of Miami Page 3 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Chair King: So, that would be Pocket Item 1. Commissioner Covo: Whenever, Madam Chair, you feel it's appropriate for us to discuss it. Chair King: Pocket Item 1. Vice Chair Carollo: That will be good. And Commissioner Covo, if I could give you a friendly amendment if you don't have it in your pocket item already that you request from the Administration all the different sewers that have been pumped by our trucks so far and how many more in each of our districts they are to finish pumping out. Because, as you know, what happens is, throughout the year, stuff that is thrown in the streets and then just regular dirt amasses and goes down into the sewers. And if we don 't clean them, they get clogged up right away. Commissioner Covo: Okay. Vice Chair Carollo: So, that's important. Commissioner Covo: Good, thank you. Vice Chair Carollo: Thank you. Chair King: May I have a motion to set the agenda? Vice Chair Carollo: Move. Ms. Mendez: Madam Chair, I believe there 's a second pocket item. Commissioner Reyes: Yes. Chair King: Okay. Commissioner Reyes: I have a resolution. Could you please read it? Yes, I have a pocket item and -- which is very favorable to us. It's authorizing us to receive some funds. Chair King: That's right. Commissioner Reyes: And could you please read it, Madam --? The Resolution was read by title into the public record by the City Attorney. Chair King: At this time, may I have a motion to accept the agenda? Vice Chair Carollo: Move. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 4 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Mr. Hannon: And Chair, just for the record, PZ.10 incorrectly shows District 4 as a sponsor. District 4 needs to be shown as a sponsor for PZ.9. Commissioner Reyes: That 's right. That was incorrect. Chair King: Okay. PR - PRESENTATIONS AND PROCLAMATIONS PR.1 13874 PROTOCOL ITEM Honoree Presenter Protocol Item Earth Day Mayor and Commissioners Proclamation Liliam M. Lopez Mayor and Commissioners Certificate of Merit Miami Today Newspaper Mayor and Commissioners Proclamation RESULT: PRESENTED 1) Mayor Suarez and Commissioners presented a Proclamation to commemorate Earth Day. Earth Day, first adopted in 1970 by Senator Gaylord Nelson of Wisconsin, is now an international event that aims to protect the natural environment by individuals, organizations, and governments. In the quest to overcome extraordinary environmental challenges the City of Miami, in partnership with local communities and its constituency, encourage stewardship towards the mounting environmental and climate crisis, over pollution and waste diversion obstacles, and rising sea levels. Earth Day helps demonstrate the support for the practice of conserving natural resources and the existing environment and, where possible, mitigate damage and reverse trends, and create environmental awareness within our communities. In honor of Earth Day, the City of Miami, has implemented various programs that encourage communities to take a step forward and create a green economy and society that reduces waste materials, beautifies communities, improves recycling practices and efforts, and ends littering within neighborhoods. The Elected Leadership of the City of Miami, on behalf of its citizens, and the work with partnerships with local organizations to promote and celebrate the protection of our environment, encourage the transition to a green economy and call attention to the importance of a sustainable, resilient city, and thereby proclaim April 22, 2023, as "Earth Day" in the City of Miami. 2) Mayor Suarez and Commissioners presented a Certificate of Merit to Ms. Liliam M. Lopez. Liliam M. Lopez is the President/CEO and founder of the South Florida Hispanic Chamber of Commerce (SFLHCC) and the South Florida Hispanic Chamber of Commerce Foundation since their establishment on July 21, 1994, and December 1996. The SFLHCC Foundation has granted over $850, 000 in scholarships to disadvantaged students. Ms. Lopez serves on the Board of Directors of the Adrienne Arsht Center of the Performing Arts and was recently appointed to the Board of Directors of the GMCVB. She served for two years on Miami -Dade County's Economic Recovery Task Force; she was appointed by Miami -Dade County Mayor Daniella Levine Cava to serve on the Building Blocks Advisory Board. She is a Governing Board Member of Larkin Charter School for Health Sciences; serves on City of Miami Page 5 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 the Board of Directors of the Beacon Council, Board Member of the Miami -Dade Area Health Education Center (AHEC), Board Member of the Small/Micro and Minority/Women Business Owned Enterprise of Miami -Dade County Public Schools, the Advisory Council of the Hispanic Scholarship Fund, the City of Miami Beach Commission on Women, the Advisory Board of Precision Medicine and Health Disparities Collaborative of Vanderbilt University Medical Center, Meharry Medical College and the University of Miami and on the President's Council for Florida International University (FIU). She served on the Entrepreneurial Advisory Council of the Federal Reserve Bank of Atlanta's Regional Economic Information Network (REIN) as the only Hispanic woman on that board; and for 10 years Ms. Lopez was the producer and host of a weekly television show, "Panorama con Liliam Lopez" that aired on WLRN Cable -Tap. The SFLHCC has also been engaged in international affairs, with emphasis on Latin America and Spain. Elected Officials paused in their deliberations to pay tribute and recognize her efforts and leadership while thanking her for elevating the quality of life in the City of Miami. 3) Mayor Suarez and Commissioners saluted the Miami Today Newspaper, Publisher Michael Lewis and Vice President Carmen Betancourt-Lewis. Miami Today, was founded in the City of Miami in 1983 to chronicle a growing and glowing metropolis heading into an even better future. Miami Today has served 40 years of long-time businesses and residents while welcoming and educating newcomers on how Miami functions. Miami Today and its team have received more than 100 national and state awards for reporting, opinion writing, commentary, and community service. Founder, Publisher, and Editor Michael Lewis, a native of Chicago, is a career newspaper editor in major publications who 45 years ago came to Miami and found a city hungry for serious and significant news that would be used by readers and help make a difference in the community. He saw the opportunities of a rapidly changing city and 40 years ago Miami Today was born. Mr. Lewis today operates the publication jointly with his wife of 39 years, Vice President Carmen Betancourt-Lewis, a native of Havana who came to Miami in 1960 and, after sojourns elsewhere, returned to Miami just as Miami Today was born. Elected Officials paused in their deliberations to pay tribute and recognize efforts and leadership while thanking Miami Today for elevating the quality of life with information and community outreach to its residents in the City of Miami. Chair King: April 13th, 2023. At this time, we are going to do our proclamation/presentations. Commissioner Covo, I believe you have some. Commissioner Covo: Yes. Presentations made. Chair King: This concludes our proclamations portion of the presentations. PUBLIC COMMENT PERIOD FOR ALL ITEM(S) 13855 Office of the City Clerk DISCUSSION ITEM PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE APRIL 13, 2023, CITY COMMISSION MEETING. RESULT: PRESENTED City of Miami Page 6 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Chair King: And at this time, I'm going to open the public comment for our agenda items being heard today to include Pocket Item 1 and Pocket Item 2. Rachel Furst: Hi. My name is Rachel Furst. I live in -- Chair King: Good morning. Ms. Furst: -- 570 Northeast 57th Street, and I'm here to speak in favor of RE.3, which is the Morningside Park funding resolution -- grant resolution. I am the immediate past president of the civic association for three years, and I've been on the board for many years. And so, I just want to take a little bit of my time to note that although -- the reason we had such a low turnout in the last election is because it was unopposed. We have a really strong, active board. We have hundreds of members, and there wasn't a lot of opposition in that election, so not a lot of people showed up. But I've been coming down here for about five years to lob -- to speak in favor of Morningside Park and to get funding. It is an incredible City asset. It is beloved not only by residents but people from all over the city. And we would just really like to see the City invest in this park, invest in its future, make sure that it's sustainable, that it's protected from the rising tides and flooding and not to derail the train that City staff has been working so hard on. So, please support this park, support the families who use and love the park, and let's just make it better and save it for the future. Thank you. Chair King: Good morning. Jacqueline Krigger Degwitz: Good morning. My name is Jacqueline Krigger Degwitz. I live on 690 Northeast 50th Terrace, and I'm also here to support the plan of RE.3. And I want to already thank you that you are going to approve that we finally get to do it. I am -- it's a wonderful project. I personally -- like I think it's a great thing. And so I am very grateful to all of you that this is going to go through and that we can finally go and improve our beautiful park and it's such a beautiful park. Thank you. Chair King: Thank you. Good morning. Zachary Freedman: My name is Zach Freedman. I live at 430 Northeast 51st Street. I've lived in Morningside since 2018. I have two young kids. We take them to the park all the time. We have this beautiful resource in the neighborhood that we're unable to use far too often because the flooding is such an issue after it rains. So, I'm in support of RE.3, anything that can be done to mitigate the flooding to continue, you know, to provide access to the shoreline through the living shore plan, you know, I 'm in support of. And we really appreciate, you know, your attention to this issue, and hopefully, we can get this done and supported, so appreciate it. Chair King: Thank you. Good morning. Alejandro Uribe: Good morning, Madam Chair, Commissioners. Alex Uribe, 4131 Barbarosa Avenue. I'm not here representing anybody today, just myself. I want to speak in support of PI.1. The flooding is a major problem. It affects so many people across the city, and it's -- I hope to see the City take more aggressive action to combat it and I would fully support Commissioner Covo 's pocket item. Thank you. Chair King: Thank you. Good morning. Marisa Capna: Good morning. Marisa Capna. I'm here on RE.3. I'm a Morningside resident, living at 5500 Northeast 7th Avenue. And I'm here to support the grant for the improvement to Morningside Park. We live -- my husband and I and City of Miami Page 7 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 our two children live directly in front of the park, so we're directly impacted by the current condition. We'd love to see it improved, and we'd love to see the usability of it enhanced and improved. I'm also a native ofMiami -- I have to throw that in -- and so, I'm very sensitive to changes that are happening in Miami. And this one, I really see as a great improvement. It'll enhance the bay view, the usability of the park for not just Morningside residents but for the City of Miami. And so, again, I'm here to fully support that project. Thank you. Chair King: Thank you. Good morning. Victor Hernandez: Good morning, Madam Chairwoman, Commissioners. Victor Hernandez, 5500 Northeast 7th Avenue -- my wife, Marisa. We're strongly in support of RE.3. The park has gone through issues of change slowly over the years, but it has not kept up with the seawater issues. It has not kept up with the drainage issues which dovetails with other parts and other City improvement programs that are coming along. We've watched this park go through many applications for change. They've all been derailed and slowed down over time with a lot of misinformation that's gone out between different factions within the neighbors. But I could tell you this, the neighborhood overwhelmingly supports this going through -- this funding going through and the seawall and natural restoration of the park. Whether we lose some parts of the loop road and move facilities around isn't as material as protecting the neighborhood in the long run and creating a place where we can enjoy this with our families and so can all the other City member -- City residents come in and enjoy this park for year to come. So, we strongly support you guys approving the funding and moving this forward. We thank you for your help with this. Chair King: Good morning. Marlo Courtney: Good morning, Madam Chair and the members of the City Commission. My name is Marlo Courtney, with Goldman Properties, 310 Northwest 26th Street, in Wynwood And I'm here to request your support for Item RE.7, the recertification of the Wynwood Business Improvement District. I have been with Goldman Properties for over four decades, worked side by side with Tony Goldman as we discovered the Wynwood neighborhood in 2004, which at that time was a warehouse district. I participated in the formation of the Wynwood BID (Business Improvement District) many years ago, along with my neighbors and esteemed colleagues, David Lombardi, Albert Garcia, our former chairman, Irving Lerner, David Polinsky, and so many others over the years. And I previously served as vice chairman for the Wynwood Business Improvement District. In July 2013, the Wynwood BID was established as an agency of the City of Miami by an overwhelming majority of the property owners and with City Commission approval. Here we are, ten years later, and Wynwood is on the global map as one of the most creative, interesting, and successful neighborhoods in the world. We are in a neighborhood where adaptive repurposing of single -story buildings and midscale residential and commercial development is embraced by street art along with unique retail and creative food and beverage establishments. For example, Zak the Baker, Panther Coffee, Walt Grace Cars & Guitars, Oasis, and DOYA, and of course, the Wynwood Walls, which is one of the major visitor attractions in all of South Florida. Much of the success is due to our partnership and constant interaction with the City of Miami Commission, City Administration, and the numerous City departments. Our board of directors and BID office, led by our executive -- Chair King: Thank you. Mr. Courtney: -- director, Manny -- Chair King: Thank -- City of Miami Page 8 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Mr. Courtney: -- Gonzalez -- Chair King: Thank you. Mr. Courtney: -- works constantly -- please support the BID recertification. Thank you. Chair King: Thank you. Good morning. Barbara Lange: Good morning. My name is Barbara Lange. I live at 3901 Braganza Avenue, in Coconut Grove. Vice Chair Carollo: Hi, Barbara. It's been a long time. Ms. Lange: I know. Vice Chair Carollo: It's good to see you here. Ms. Lange: You too. Vice Chair Carollo: You look well. Ms. Lange: Thank you. You're probably wondering why I'm here from Coconut Grove on the Morningside issue, but I -- Elvis was here one time, and I said, "This sounds like a nice plan. Why the heck are -- why are you against it?" And he said, "Well, why don't you go look at the park?" And I did, and I took a friend of mine who used to live in the area, and there -- she said, "Oh, I learned how to swim in the swimming pool, and it was beautiful." There were people by the -- on the seawall. There was a grandfather and a father fishing. There were people on the picnic tables, under a palm tree picnicking. And I honestly don't know why you want to spend the money to change this park. I think it should be left alone, and that's why I'm here. So, thank you for your time. Chair King: Thank you. Good morning. Diego Ojeda: Good morning, Madam Chair and City Commission. My name is Diego Ojeda, 1200 Brickell Avenue, Suite 1200. My family, via our company, the Rilea Group, have been investing and developing in South Florida for over 40 years. We own a city block -- nearly a city block in Wynwood, and I'm here to recommend that you please lend your support to RE. 7 for the reaffirmation of the Wynwood BID. I am part of the Wynwood BID, and it is because of that entity and what it is doing for the neighborhood that we have decided to invest in the neighborhood. We're going to be building hundreds of apartments, creating hundreds of and thousands of jobs, and a lot of it is next to the Wynwood BID. And under the guidance of Manny Gonzalez, the City is planning how it should and it's now the most visited neighborhood in Miami, and I believe it's thanks to the Wynwood BID. So, just asking for your recommendation. Thank you very much. Chair King: Thank you. Vice Chair Carollo: Is that a big block or a small block? Mr. Ojeda: I'm sorry? Vice Chair Carollo: Is it a big block that you own or a small block? City of Miami Page 9 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Mr. Ojeda: We own -- it's between North Miami Ave and train tracks, the 2928, yeah, yeah. Vice Chair Carollo: Good luck to you. Mr. Ojeda: Thank you very much. Chair King: Thank you. Good morning. David Lerner: Good morning, Chair, Commissioners. My name is David Lerner. I'm in support ofRE.7. I'm a Wynwood BID board member. I'm a third generation property owner in the neighborhood. My family has been in Wynwood for more than 60 years and we own about 100,000 square feet of commercial space. We've seen our best years over the last 10 years in the neighborhood with support of the BID in partnership with local government, our property owners and local businesses. With it, Wynwood has become one of the most trafficked, safest, and enjoyed neighborhoods in the city, the country, and maybe even the world. I'm in support to recertify the BID 's work in Wynwood for another 10 years. Thank you. Chair King: Thank you. Good morning. Paul Christian Namphy: Good morning, esteemed Commissioners. Great to be here. 100 Northeast 84th Street, Family Action Network Movement, and we're speaking -- raising certain objections to RE.3. So, the Family Action Network Movement lends its support -- voices its support of local civic leaders and concerned citizens in recommending sensible policies regarding the Morningside Park shoreline. I think we can all agree about the imperatives of sea level rise and storm surge. However, as proposed, it's likely to result in the opposite effect in terms of the current City's plan of protecting the shoreline. So, the proposed action, in our view, is counter to the entire purpose of initiating the project. A solution that we are proposing matches what has successfully been implemented at Alice Wainwright, Bayfront, Baywood, Albert Pallot, and other waterfront parks. The seawall should be installed along the shoreline with the inclusion of some kayak ramps. A new pool should be built where the original pool was. The concession building needs to be protected by the seawall, which will not interfere with construction of the pool in the location that we are proposing it to be built. The seawall should be erected in a way that does not demolish any existing facilities or structures, such as the loop road or the pool parking lot. Let us use our taxpayer dollars optimally. So, the two specific recommendations that we are formulating here, first of all, as part of the motion to approve the funding, please require the seawall be along the shoreline, not set back inland, except for some kayak ramps. Please keep the loop road and the pool parking area intact so the new pool can go in the same place as the old pool, and the walkway does not need to be 15 feet wide. It should only be six feet wide as it is now. This is a low traffic area surrounded by single-family homes not downtown high-rises. We should not lose all the waterfront green space to hard pavement. Thank you very much for your consideration. Vice Chair Carollo: Thank you. Chair King: Good morning. Patrick Range: Good morning, Madam Chair, members of the Commission. Patrick Range, with offices at 5727 Northwest 17th Avenue, in the City of Miami. Good morning, Commissioners. I'm here this morning to speak on Item RE.12. I was also here to speak on Item PH.1, which I understand has been withdrawn by the Administration. Just wanted to again encourage this Commission, this body, to consider the restoration of the Virginia Key Beach Park Trust, a group of citizens for City of Miami Page 10 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 which the Trust was created to have citizen input, citizen stewardship over this park, which has such historic significance, such ecological and environmental significance. I come before you today to again say that we are here. We've been awaiting a meeting of the Trust to happen so that we can provide input. To my understanding and belief I don't believe that there 's been a meeting that has taken place as yet of the Virginia Key Beach Trust -- new Virginia Key Beach Trust board. Difficult to do, I can imagine. I encourage you -- the community is here to work in this regard. Again, we 'd ask that you reconsider us to continue to work on this city's behalf. You all, as the Commission, have oversight -- had oversight over the Trust. You would continue to have this oversight, have the opportunity for your input and to help move this project along, which is what is needed, the political will to move this project along. So, we see Item RE.12 here on the agenda to begin to engage in an interlocal agreement between the City and the County, which is exactly what we need in terms of receiving the monies from the County GOB (General Obligation Bond). However, the cart is coming before the horse. There was to be a plan put forth to the County for what would take place as far as the museum is concerned. My understanding also, Madam Chair, is there was to be a community meeting to take place to discuss this plan, to give the opportunity for the community to have input. These things, to my knowledge, have yet to take place. And so, we just ask again -- this is a community project. This is a community park. The community wants and needs to be involved. Please consider restoring the Trust for these purposes. Thank you. Chair King: Thank you. At this time, we're going to suspend the public comments. [Later... J Chair King: At this time, we're going to resume public comment. Good morning. David Lombardi: Good morning. Morning, Commissioners. My name is David Lombardi, 160 Northwest 26th Street. I'm speaking on the Wynwood BID renewal. I was one of the seven founding BID board members ten years ago. I'm very proud to tell you that the progress we've seen over these 10 years in the neighborhood. We want to continue that pace. We always envisioned the neighborhood as a place to live, work, and play. In 2005, I built the first live/work units in the neighborhood ground up called Wynwood Lofts. And my vision was that it should be a place where, you know, you could have office, living, restaurants, dining, and entertainment, and it's really coming into fruition based on what we 've accomplished these past 10 years. And I ask that you please vote for the renewal. Thank you. Chair King: Thank you. Good morning. Brigitte Grosjeax: Hello, good morning, Commissioners and City officials. My name is Brigitte Grosjeax. I live on East 61 st Street by the bay for eight years, and I'm now a dog walker -- well, take care of dogs. Anyway, (UNINTELLIGIBLE), who's a Morningside neighbor wrote this, and I thought it was better than mine. "Dear Commissioners, regarding Item RE.3, the Morningside Park shoreline, the park does flood from time to time due to it doing its job, draining the City streets west of the park, not due to storm surge nor sea level rise. Building a seawall will obstruct this natural drainage and create worse flooding. In mitigation of the side effects, you plan to spend millions in building a 43-acre drainage system. The City Parks Department and Public Works have already demonstrated that they are incapable of maintaining even a swimming pool, let alone this complex multimillion dollar pump and drain system. It will take, by estimates, three to four years to build while completely destroying the park and cost tens of millions. Why? We need public shoreline access to the bay for humans and for wildlife. No seawall, keep loop road, keep parking as it is, keep direct access to and ingress from the bay for people and animals via a proper shoreline, not more concrete. The walkway does not need to be 15 feet wide. It need City of Miami Page 11 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 be only the six feet wide as it is now. This is a low traffic area surrounded by single- family homes, not downtown high-rises. We should not lose all that waterfront green space to hard pavement approximately 80,000 square feet on nearly two acres of prime bayfront owned by the citizens of Miami. Monetary value at current rate is $18 million; utility value, incalculable." That's it. Chair King: Thank you. Ms. Grosjeax: Okay, and I love the park. I go in the park every day with my dogs. Thank you. Chair King: Thank you. Good morning. Kim Ryan: Good morning, hi. I'm Kim Ryan. I live at 650 Northeast -- 651 Northeast 60th Street, in the -- one of the few -- one of the two condominiums in the -- in Morningside. I'm here as the secretary of the Association of Morningside Palms Condo to represent my friends in the building who also agree to support RE.3 in order to keep the park the way it is but to mitigate flooding. I thank you for all the work you do, and that's all I have to say. Thank you. Chair King: Thank you. Todd B. Hannon (City Clerk): Chair, ifI could have the speaker's name. I'm sorry, ma 'am. Chair King: Ma'am -- Mr. Hannon: Ma'am. Chair King: -- your name. Ms. Ryan: Oh, I'm sorry. Kim Ryan. Mr. Hannon: Thankyou. Thankyou, ma'am. Chair King: Good morning. Lyle Muhammad: Yes, good morning, Chair and to the Commission. Lyle Muhammad, executive director of Circle of Brotherhood, 5120 Northwest 24th Avenue. Item RE. 12, some concerns, starting with a lot of people don't understand that, as an organization, we're watchmen for the community. And `Restore the Trust" is not just a slogan. It's an attempt to restore things that have been broken. And there's three perplexing things on the issue to me, one dealing with the tongue. There have been two promised community meetings that have never taken place. That's a forked tongue. The other's the ears. There seems to be cotton in the ears in reference to having input from the community. And the third is the mind. There are some great minds that have been aligned, and God knows, as we open up in prayer here all the time, if there was an invitation for those minds to work together what could be created. We're not going anywhere when it comes to the public's interest and having input. Would love to see those two promised meetings take place and would love to see the public meeting of the trust that is now in place. Thank you. Chair King: Thank you. Leroy Jones: Good morning, Madam Chair, Commission. Leroy Jones, Circle of Brotherhood, 5120 Northwest 21st Street. Everybody know where I stand as relates to the Trust. My whole concern is restoring the Trust, the wrong that was done. We City of Miami Page 12 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 can't move forward until we correct it. That's all I been talking about, about day one. What went down here as relates to remove the Trust members, the way it played out, the way it went, it was unfair. It was not right. Let's restore the Trust so we can move forward. Let's have the community meeting so we can move forward. We can all work together. We can disagree to disagree, but we have to restore the Trust. We have to correct the wrong that was done. And look, everybody make mistakes. Everybody do [sic] things that they wish they can change. And if you [sic] alive, you can change it. It 's nothing wrong with that. We [sic] all human. We [sic] all subject to human error. Let's wrong the right by restoring the Trust. And also, in my closing comment, Mr. Cruz, I'm down with you. I support you, support that seawall. So, whatever Mr. Cruz support, I commend you for working hard on this, brother. Continue to fight. Thank you. Thank you, Madam Chair. Chair King: Thank you. Lorena Ramos: Good morning. Chair King: Good morning. Ms. Ramos: Good morning, Madam Chair. Welcome, Commissioner Covo, first time that I get -- have the pleasure to meet you. And good morning, Commissioner Carollo. Commissioner Covo: Thank you. Ms. Ramos: My name is Lorena Ramos at 20 Northwest 45th Street. And I am the president/chairperson of the Buena Vista stakeholders. I am here in reference to Item PZ.4, Item PZ.5, in regards to the applicant's request to -- for rezoning. From the very beginning, the two relevant homeowner associations in our neighborhood worked together from beginning all the way to the PZ (Planning and Zoning), including doing a research of our community as far as the T3-Os are concerned. And we did find several, including on Northwest 39 -- there were three of them -- which is something that we were seeking as a ceiling in our neighborhood as opposed to having to fight all the time for the T4-L because we, obviously, are against anything commercial. We want to keep it residential. T3-O would allow us to do that. We did have a community meeting on October 11 th, 2022. It was very well attended. The abutting homeowner was very gracious. She and her husband allowed us to have the meeting on her front lawn so we could be right where the vacant lots were. Very, very, very few, I would say, only two of the maybe thirty-five people that were present were against it. One was for the T4-L, and that's what I mean against it, and one was the other abutting neighbor, and he wants to keep it single-family home. And I asked him why is he against the T3-O if it's the same setback and all of that and the same footprint. He says he just doesn't want it two floors. Well, the single-family also allows you a single -- allows you the two floors. We then went on to PZ, and everybody was in agreement, the neighbors as well as the neighborhood associations. But of course, not Mr. Elvis Smith [sic]. Thank you so much for allowing me to speak. Chair King: Thank you. Good morning. Carmen Ramos -Watson: Good morning. Good morning to you all. Welcome on board, Ms. Covo. Commissioner Covo: Thank you. Ms. Ramos -Watson: Pleasure, Chairwoman. My name is Carmen Ramos -Watson. And I am -- I live in 54 Northwest 40th Street, and I'm here representing my parents, William and Rosalina Ramos, of 43 Northwest 39th Street. And I don't remember the City of Miami Page 13 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 exact name of the item, but it's the same one that Lorena Ramos just spoke on. And what I'd like to say is I grew up in this home that my parents currently live in, and it's a neighborhood that I've been very proud of my entire life. I grew up there, and I've come back home, and I'm happy to support my parents and see the changes that are occurring in our neighborhood. I mean, the truth of the matter is that I'm here to support what is occurring particularly because we want to see those kind of changes in our neighborhood. As Lorena mentioned, we did have a community meeting that involved both community organizations and members from all over the community, but specifically, those on 39th Street. And there were some things very clear. Number one was that no one wants any commercial -- any commercial activity that relates to that block into our neighborhood. So, certainly, it was a no to T4-L. However, in looking at what exists already two blocks down, we saw that there were already T3-O designated properties that would allow for there to be residential exclusive development. And so we appreciate and support that. Some things have occurred thereafter. I think that our neighbors -- what I was very particularly proud is that we came together and we all agreed of what we wanted. There has been some dissension thereafter, but I propose that there are 26 houses left only in the space on 39th Street that are not designated T3-O. My position is that they should all be and that the neighbors that have stayed when nobody thought that that was a good neighborhood and back then when it was a crime -infested neighborhood -- I grew up there since I was 10 years old and that was not my experience ever. And so, I feel that those houses should get T3-O as well, those 26 houses from Northwest -- between North Miami Avenue and Northwest 2nd Avenue. That's what I propose. Chair King: Thank you. Ms. Ramos -Watson: Thank you very much. Chair King: Thank you. Ulysee Kemp: Good morning, Commissioners. I appreciate the service that you guys provide, and I've listened to some of the things that's going on. And as they stated, we all started out trying to work together on this endeavor. And the properties that they were mentioning that were T3-O on 39th Street are actually in Buena Vista West side of the neighborhood. It's west of Northwest 2nd Avenue. There's nothing on Buena Vista Heights side of the neighborhood that is T3-O. And the abutting neighbor, the Smith family that they mentioned, they're in opposition of any zoning changes in that neighborhood. And they didn't want the multifamily units adjacent to their homes. There's also no justification as far as the current zoning not being suitable or correct for the neighborhood. So, there's really like no reason, other than greed, to rezone the neighborhood. There also were some things that were passed out that was proposed that the two abutting houses would be able to get storm windows and doors as a concession, as well as parking. These are things that were proposed for the neighborhood. I'm not certain if they're going to bring it up, but the opponents may bring those things up. But if you look at the signed document, the property that they're proposing to put those windows and doors in, they signed this morning and stated that they were in opposition to any of this even though they have a concession to get storm windows and doors. Sorry, but I'm not really feeling that good this morning because of medical conditions and stuff going on. But there 's just so many other things, but there -- this is something that tried to work together with and I've got people that are coming to me and you got signatures, and mostly all those signatures are from 39th Street and they're in opposition of changing the code zoning. I don't know -- I know you guys know who I am, but I'm going to state my name and address because I don't think I did at the beginning. My name's Ulysee Kemp, 76 Northwest 39th Street, Miami. Chair King: Thank you. City of Miami Page 14 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Elvis Cruz: Commissioner King -- Elvis Cruz, 631 Northeast 57th Street. Commissioner King, please put on your lawyer hat. Under Miami -- I'm speaking on Items 4 and 5, in support of Ulysee Kemp. Under Miami 21, Section 7.1.2.8 (c)(2)(g), the applicant is required to submit an analysis that explains why the zoning is inappropriate, as I've highlighted on a handout. But their application does not include that required explanation. It does not even include the word "inappropriate" because they can't explain why the existing zoning is inappropriate for the simple reason that single-family zoning in this neighborhood has (INAUDIBLE) -- Chair King: Do you mean to use the word "inappropriate" or "appropriate"? Mr. Cruz: They have to show why the existing zoning is inappropriate. Chair King: Oh, I got you. Mr. Cruz: And single-family zoning in this neighborhood and throughout the City of Miami is appropriate. In fact, Assistant Planning Director David Snow was asked by the chair at the January 18th PZAB (Planning, Zoning and Appeals Board) if this existing single-family zoning is appropriate, and he said it is appropriate. Therefore, according to Miami 21, this zoning change should not be allowed, period. This is a departure from an essential requirement of law. That's grounds for a successful writ of certiorari. Please don 't make these neighbors go to court to get the City to enforce its own zoning laws. Moreover, the applicant's analysis was for an upzoning to T4-L. No analysis was done on upzoning to duplex, T3-O, and yet, that's what they want you to give them. That fact alone should be grounds to reject the application. Some property owners are putting their own personal profit motivation above the importance of preserving the zoning integrity of the neighborhood. Money can do funny things to people, but we, the people, expect our city government to protect and preserve our neighborhoods. This proposed upzoning to duplex would never happen in south Grove, Coral Gate, the Roads, Morningside, or Belle Meade. Buena Vista Heights deserves the same respect and protection as those other neighborhoods. There is no hardship here, no valid reason to approve this upzoning. Chair King: Thank you. Mr. Cruz: Thank you. Chair King: Thank you. Is there anyone else who would like to speak for public comment that hasn't spoken already? Seeing none, the public comment period is closed and we will move forward. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - City Commission Meeting - Feb 9, 2023 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes City of Miami Page 15 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Chair King: Now, may I have a motion to approve the minutes for February 9th and February -- Vice Chair Carollo: Move. Chair King: -- 23rd? Commissioner Reyes: Second. Commissioner Diaz de la Portilla: Seconded. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Okay. AM.2 City Commission - City Commission Meeting - Feb 23, 2023 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number A.2, please see Item Number AM.1. MV - MAYORAL VETO(ES) There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. END OF MAYORAL VETO(ES) City of Miami Page 16 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 PA - PERSONAL APPEARANCES PA.1 PERSONAL APPEARANCE 13034 A PERSONAL APPEARANCE BY ELVIS CRUZ REGARDING MORNINGSIDE PARK SHORELINE DESIGN. RESULT: PRESENTED Chair King: At this time, we will have our public appearances. There's two personal appearances. Elvis Cruz. Good morning, Mr. Cruz. Elvis Cruz: Good morning. How are you? IfI could get the control people to put up my PowerPoint. Okay, here we go. May I begin? Thank you. Chair King: Please. Mr. Cruz: Good morning. The baywalk ordinance passed a year ago with 13 pictures of possible designs, every one placing the seawall at the shoreline as it should be. But the plan for Morningside Park puts the seawall 23 to 77 feet inland. That conflict was supposed to be on your April 28th, 2022 agenda, 12 months ago. Instead, the City dragged its feet for a year. Morningside shoreline is eroding, but the plan won't fix that. Here's the plan. Here 's the shoreline. Here's ground level. This line is the king tide causing flooding and erosion. That area floods, and with no seawall, it would only get worse as sea level rises. Here 's the planned seawall set back 23 feet. In other areas of the park, it would be set back 77 feet, three times farther. So, instead of protecting the waterfront, this plan surrenders 80,000 square feet of precious public waterfront to sea level rise, storm surge, flooding, and erosion. Seawalls exist to protect the waterfront, but here the City wants to use the waterfront to protect the seawall. Yes, it's backwards. The plan has other problems. Here 's where the old pool was, where a majority wants the new pool to be built, but this plan blocks that. Here 's the concession building. It's by the bay, but because the plan puts the seawall inland, it would not be protected from sea level rise. The plan wastefully demolishes, moves, and rebuilds only half the loop road. It does not respect the historic design of an elegant, scenic divided driveway with a central landscaped median. It also needlessly demolishes, moves, and rebuilds the pool area parking lot. These trees are next to the loop road, some 40 feet tall, planted in 1953. These four would be cut down. The seawall has 18-foot-ling steel pilings that would be hammered into the ground. These large trees would stay, but the pilings would be like a guillotine, cutting 30 to 35 percent of their roots. If they survive, they could be blown over by high winds. The six -foot -wide walkway has worked fine for 69 years. This is a low -traffic area surrounded by single-family homes, yet the plan calls for a 15-foot-wide walkway. That's a lot of bayfront grass turned into hot pavement. We now have a wonderful grassy open waterfront where the public can walk, lay a picnic blanket and play. Instead, the plan calls for many high maintenance plants that would obstruct the waterfront. Those plants were tried before in Morningside Park. Weeds took over, but the City staff does not pull weeds. They use weed eaters and lawnmowers. Soon, the plants were all gone, a total waste of money. Here is what makes sense and what the public wants: A seawall along the shoreline, like you've done at other parks. This would protect the entire park, like you did in 2020 at Pallot Park, like you did in 2022 at Wainwright Park. During planning meetings, the City showed us seawalls at the sea and this slide promoting the seawall ordinance with City of Miami Page 17 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 seawalls at the sea. What do your constituents want? This petition has 2,100 signatures asking for the parks facilities to be preserved, including the loop road. A survey of all 420 households in Morningside had a response of 58 percent keeping the loop road as is. The City's PowerPoint shows the public asked to keep the park's character, keep the loop road, and keep the park as is with repairs as needed. No one asked for the seawall to be set back into the park. Commissioner Russell hosted a meeting and asked if we wanted to keep the loop road, and 90 percent voted to keep it as is. A second petition has 491 signatures so far specifically asking for a seawall at the shoreline and keeping the loop road as is. The association did a poll last year that did approve the plan, but that poll only went to paid members. Out of 420 houses in Morningside, only 35 voted in the last election. These were the official results, 35 out of 420. A small minority wants the current plan, but Morningside Park belongs to the entire city. Any shoreline mangroves can be mitigated, like this document shows you did at the Marine Stadium and you did at Pallot Park. Besides, Morningside already has two and a half acres of mangrove swamp in the middle of the park. I met with Daniel Maland and Jonathan Raiffe, who you'll hear from next. We agreed marsh grass can be a problem, and they want more access to the water. So, a good compromise: Have the seawall curve inward in three or four spots to create access areas and kayak ramps. They also don't want construction delay and nor do I, but it's the City that dragged its feet for a year, the City who planned things the public did not ask for and does not want, a wasteful plan that goes against the City's own design concepts, would not protect its shoreline or the concession building, prevents the new pool from being built in the same place, removes full-grown trees, and would be more expensive with higher maintenance. Getting it right is much more important than getting it done right away. Item RE.3 is funding for the shoreline, even though the City told us they'd have another public meeting before moving forward with a plan. Please pass RE.3 with requirements to put the seawall along the shoreline with three or four access areas, keep the loop road and pool location as is because that's what your constituents want, and make the walkway six feet five -- six feet wide to maximize green space. Thank you very much. Chair King: Thank you, Elvis. Mr. Cruz: Thank you, Commissioner. PA.2 PERSONAL APPEARANCE 13544 A PERSONAL APPEARANCE BY DANIEL MALAND AND JONATHAN RAIFFE REGARDING MORNINGSIDE PARK. RESULT: PRESENTED Chair King: And at this time, we will have a personal appearance by Daniel Maland. Daniel Maland: Good morning. Chair King: Good morning. Mr. Maland: My -- there we go. My name is Daniel Maland, and Jonathan Raie is with me as well. We 're going to fry and make this efficient and go jointly together for the sake of time. So, Daniel Maland, 478 Northeast 56th Street. I am a volunteer elected member of the MCA (Morningside Civic Association) Board, and I'm the volunteer head of our parks committee. City of Miami Page 18 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Jonathan Raiffe: Hello, everyone. I'm Jonathan Raiffe. I'm also an MCA elected board member and the current treasurer of the MCA. I live at 499 Northeast 55th Terrace. Sure, so first off we just wanted to thank the Chairwoman, the Vice Chair, and all the Commissioners, Mayor, Manager, and staff for your ongoing support of Morningside Park and the community. As you discussed on many occasions, the park is in desperate need of repair. There's constant flooding, stormwater issues, and we really appreciate all the previous resolutions that you've passed to support the park, and we're here today asking for your support for RE.3, funding for the Morningside Park shoreline plan and to continue to support the park. We have a letter we want to read into the record from the MCA Board. We write, on behalf of the Morningside Civic Association (MCA) and the hundreds of families that are members, to thank the City Commission for its continued investment and plans for improvement for Morningside Park, and in particular, its shoreline. On April 11 th, 2023, the MCA Board passed a vote supporting the City Commission's consideration and approval of RE.3 as set on today's City Commission agenda. As a reminder, in March 2022, the MCA conducted a survey of the Morningside neighborhood and learned that 75 percent of respondents supported the proposed general improvement plan for the park, 86 percent asked for increased drainage and flooding alleviation measures to be implemented, and 65 percent encouraged the updating and improvements of a living shoreline. A copy of the survey results were provided to the City Commission. On March loth, 2022, the City Commission approved agenda Item RE.7, which became Resolution 22-0116, greenlighting the improvement of Morningside Park shoreline and the removal of its old, dilapidated pool structure. Over the course of the last year, the MCA has had numerous discussions with the City regarding its plans for improving the shoreline of Morningside Park. The MCA has been encouraged by the City's engagement of talented experts to formulate a plan to both maintain the original living shoreline in keeping with the original design intention of the park while adding flooding protection and drainage measures to not only protect the park but the neighborhood at large. The plan trifecta of one, improving the living shoreline, while, two, adding increased drainage, and three, adding flooding protection will allow the park to resume normal operations and permit general enjoyment faster after a flooding event for years and generations to come. We strongly support the City's plan to increase ADA (Americans with Disabilities Act) accessibility to the shoreline via new trailways and walkways. In the words of one of our members, "We are so lucky to have this wonderful waterfront park with its bay views and open waterfront green space. And we deeply value the City and the City Commission's hard work and investment in preserving and improving this incredible resource for generations to come." Thank you for your attention to Morningside Park and for your consideration and hopeful approval of RE.3 today. Thank you. Mr. Maland: Very quickly, on behalf of the parks committee of the MCA, we wouldn't be here today were it not for years of hard work between the City and this Commission in getting to this point. This is something that we were here before you a year ago and people -- I have a stack of letters dating back to 2016 that have been submitted with regards to the park. And during a week like this, where we've seen such tremendous rain, it really speaks to the need for remediation and improvement. And this financing step in RE.3 is a big step in that direction and a sign of the tremendous work that's been accomplished by you all. And we thank you very much for that and ask for your continued support. Thank you again for your attention to the park. We really appreciate it. Chair King: Thank you. END OF PERSONAL APPEARANCES City of Miami Page 19 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla CA.1 RESOLUTION 13640 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT ("WASD") FOR THE PURPOSE OF REMOVING AND RELOCATING WATER FACILITIES WITHIN PROPERTIES OWNED BY THE CITY OF MIAMI, WITHOUT CONNECTING ANY NEW DEVELOPMENTS TO WASD'S WATER MAINS, AS PART OF THE FAIRLAWN COMMUNITY PARK PROJECT, OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B193521. ENACTMENT NUMBER: R-23-0158 This matter was ADOPTED on the Consent Agenda. Chair King: May I have a motion for the consent agenda? Motion -- Vice Chair Carollo: Move. Commissioner Reyes: Move. Commissioner Covo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Consent agenda passes. Victoria Mendez (City Attorney): Madam Chair, for -- did -- did you have a motion for Pocket Item 1 already? Chair King: That's a -- I thought that was a discussion item, so I'm going to leave that for a while. City of Miami Page 20 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 CA.2 13423 Department of Fire - Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A FEDERALLY -FUNDED SUB -AWARD AND GRANT ("GRANT") FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY'S FEDERAL EMERGENCY MANAGEMENT AGENCY PASSED THROUGH THE STATE OF FLORIDA'S DIVISION OF EMERGENCY MANAGEMENT TO THE CITY OF MIAMI ("CITY") FOR THE REIMBURSEMENT OF EXPENSES ATTRIBUTABLE TO HURRICANE IAN; ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "IAN CAT-B PROTECTIVE MEASURES" CONSISTING OF SAID GRANT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, INCLUDING ANY AND ALL NECESSARY DOCUMENTS, AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE AND ADMINISTRATION OF THE GRANT AND COMPLIANCE WITH THE TERMS AND CONDITIONS THEREOF. ENACTMENT NUMBER: R-23-0159 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see Item Number CA.1. CA.3 RESOLUTION 13601 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED, "SAFETY AND TECHNOLOGY EQUIPMENT", ACCEPTING AND APPROPRIATING A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT ("FDLE"), IN THE AMOUNT OF $34,749.00, WITH NO MATCHING FUNDS REQUIRED, FOR THE PROVISION OF SAFETY AND TECHNOLOGY EQUIPMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AWARD AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FDLE; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE OR ANY OTHER DESIGNEE TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF THE FUNDS AND COMPLIANCE WITH REQUIREMENTS OF THE AWARD AGREEMENT. ENACTMENT NUMBER: R-23-0160 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.3, please see Item Number CA.1. City of Miami Page 21 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 CA.4 13603 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE PARTICIPATING MEMBER AGENCIES OF THE CHILD ABDUCTION RESPONSE TEAM AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR AN ADDITIONAL PERIOD THROUGH DECEMBER 31, 2025, TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ADEQUATELY RESPOND TO CONTINUING MULTI -JURISDICTIONAL INVESTIGATIONS OF INCIDENTS INVOLVING CHILD ENDANGERMENT AND MISSING OR ABDUCTED CHILDREN, TO PROTECT THE PUBLIC PEACE AND SAFETY, AND TO PRESERVE THE LIVES AND PROPERTY OF THE CITY OF MIAMI'S RESIDENTS PURSUANT TO PART 1, CHAPTER 23, FLORIDA STATUTES. ENACTMENT NUMBER: R-23-0161 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.4, please see Item Number CA.1. CA.5 RESOLUTION 13574 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING FOUR (4) RIGHT-OF-WAY DEEDS OF DEDICATION ("DEEDS"), AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR RIGHT-OF-WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN A COPY OF THE DEEDS. ENACTMENT NUMBER: R-23-0162 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.5, please see Item Number CA.1. City of Miami Page 22 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 CA.6 RESOLUTION 13768 Department of Risk Management CA.7 13700 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF SERGIO M. MARTINEZ, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $200,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $199,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-23-0163 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA. 6, please see Item Number CA.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY RYAN WILLIAMS FORTY-NINE THOUSAND AND FIVE HUNDRED DOLLARS ($49,500.00) AND THE PAYMENT FOR THE COST OF MEDIATION ($2,250.00), IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS BY HIM, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE OF RYAN WILLIAMS VS. CITY OF MIAMI, CASE NO. 20-014927-CA-01, PENDING IN THE ELEVENTH JUDICIAL CIRCUIT IN MIAMI-DADE COUNTY, UPON THE EXECUTION OF A GENERAL RELEASE OF HIS CLAIMS AND DEMANDS, AND A DISMISSAL OF HIS CLAIMS AGAINST THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM GENERAL LIABILITY ACCOUNT NO. 50001.301001.545013.0000.00000. ENACTMENT NUMBER: R-23-0164 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.7, please see Item Number CA.1. City of Miami Page 23 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 CA.8 13701 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ANDRES PALOMO AND MARLENE PALOMO, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $120,000.00, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, "CITY"), IN THE CASE STYLED ANDRES PALOMO AND MARLENE PALOMO VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 21-019976CA01, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545011.0000.00000. ENACTMENT NUMBER: R-23-0165 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.8, please see Item Number CA.1. END OF CONSENT AGENDA City of Miami Page 24 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 PH - PUBLIC HEARINGS PH.1 RESOLUTION 12566 Office of Capital Improvements & HVKBPT A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S WRITTEN FINDING AND RECOMMENDATION, ATTACHED HERETO AS "EXHIBIT A", PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") TO ESTABLISH A CONTRACT FOR MUSEUM CONSULTANT SERVICES FOR THE HISTORIC VIRGINIA KEY BEACH PARK MUSEUM WITH LORD CULTURAL RESOURCES PLANNING & MANAGEMENT INC., A FLORIDA PROFIT CORPORATION ("LORD CULTURAL RESOURCES"), FOR THE CITY'S OFFICE OF CAPITAL IMPROVEMENTS ("OCI") AND THE VIRGINIA KEY BEACH PARK TRUST ("VKBPT"); ALLOCATING FUNDS FROM GENERAL ACCOUNT NO. 00001.150009.883000.0.0 AND SUCH OTHER FUNDING SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH LORD CULTURAL RESOURCES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING, THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item PH.1 was deferred to the April 27, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PH.1, please see "Order of the day." City of Miami Page 25 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 PH.2 RESOLUTION 13747 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, PURSUANT TO SECTION 18-85(A) OF THE CODE OF ORDINANCES OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; BY A FOUR -FIFTHS AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-176(B) OF THE CITY CODE, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A REVOCABLE LICENSE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ALLAPATTAH- WYNWOOD COMMUNITY & DEVELOPMENT, INC. FOR THE PURPOSE OF PROVIDING LOW-COST DAYCARE SERVICE TO AREA RESIDENTS ON THE CITY -OWNED PROPERTY LOCATED AT 1500 NORTHWEST 16 AVENUE, MIAMI, FLORIDA, FOR A MONTHLY USE FEE EQUAL TO ONE DOLLAR ($1.00) PLUS TAXES, IF APPLICABLE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND ALL IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0166 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Chair King: One, two, three -- it's four of us. May I have a motion for PH.2 through 6? Vice Chair Carollo: There's a motion with the additional correction. PH.6, which I'm sponsoring, is listed as all in one year. This should be -- Victoria Mendez (City Attorney): So, we need to -- we need to make a couple of adjustments. I believe we have to -- for PH.6, that item is, instead of $50, 000 in one year, it's supposed to be divided in a -- Vice Chair Carollo: Two years. Ms. Mendez: -- distribution of $25, 000 would be done in the current fiscal year, and the second and final distribution of $25, 000 would be done in the next fiscal year -- City of Miami Page 26 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Vice Chair Carollo: Correct. Ms. Mendez: -- for the purposes identified. Vice Chair Carollo: Correct. Chair King: But I need to -- Commissioner Reyes: I second, as amended. Chair King: Well, hold a second. I need to take something out of order before we can pass PH.6. So, can we -- can I have a motion for -- Ms. Mendez: Well, we're just going to take that one item out, and then you could do the block -- Chair King: Okay. Ms. Mendez: -- voting. Chair King: Okay, so let's take PH 6 out. And may I have a motion to pass PH 2 -- Commissioner Reyes: So move. Chair King: -- through 5? Vice Chair Carollo: Yes, move. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 27 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 PH.3 RESOLUTION 13606 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", PURSUANT TO SECTION 18- 85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE PROVISION OF A COVID-19 MENTAL HEALTH & WELLNESS PROGRAM FROM RER CONSULTING ENTERPRISE LLC, A FLORIDA LIMITED LIABILITY COMPANY ("RER"), FOR THE CITY'S RISK MANAGEMENT DEPARTMENT ("RISK"), FOR A PERIOD OF THREE (3) YEARS WITH NO OPTION TO RENEW, IN THE AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00); ALLOCATING FUNDS FROM THE VARIOUS RISK SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CITY'S PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, MODIFICATIONS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0167 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PH.3, please see Item Number PH.2. City of Miami Page 28 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 PH.4 RESOLUTION 13762 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING(S) AND RECOMMENDATION(S), ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AND APPROPRIATING AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS, ON A LUMP SUM BASIS, IN A TOTAL AMOUNT NOT TO EXCEED TWO HUNDRED THREE THOUSAND, FIVE HUNDRED AND 00/100 DOLLARS ($203,500.00) ("GRANT") TO ALLAPATTAH COMMUNITY ACTION, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("ALLAPATTAH COMMUNITY ACTION"), IN ORDER TO IMPLEMENT ITS CONGREGATE MEALS PROGRAM, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ALLAPATTAH COMMUNITY ACTION AND ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0168 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PH.4, please see Item Number PH.2. City of Miami Page 29 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 PH.5 RESOLUTION 13761 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING(S) AND RECOMMENDATION(S), ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AND APPROPRIATING AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS, ON A LUMP SUM BASIS, IN A TOTAL AMOUNT NOT TO EXCEED THREE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($350,000.00) ("GRANT") TO ASSISTANCE TO THE ELDERLY, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("ATTE"), IN ORDER TO IMPLEMENT ITS FIRST FLOOR REHABILITATION OF THE RESIDENTIAL PLAZA, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ATTE AND ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0169 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PH.5, please see Item Number PH.2. City of Miami Page 30 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 PH.6 RESOLUTION 13778 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY A FOUR FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF FUNDS FROM THE DISTRICT 3 SHARE OF THE CITY OF MIAMI'S: MIAMI FOR EVERYONE PROGRAM, IN A TOTAL AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS ($50,000.00) TO PRESIDIO POLITICO HISTORICO CUBANO, INC., A FLORIDA NOT FOR PROFIT CORPORATION, TO PROVIDE FINANCIAL ASSISTANCE SUCH AS RENTAL ASSISTANCE, MEDICAL ASSISTANCE, AND MORTGAGE PAYMENTS ASSISTANCE TO ITS MEMBERS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0170 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For additional minutes referencing Item Number PH.6, please see Item Number PH.2. Victoria Mendez (City Attorney): And then you could pass PH.6. Thank you. Chair King: Now may I have a motion to pass PH.6? Vice Chair Carollo: Moved with the amendments as described by the City Attorney. Commissioner Diaz de la Portilla: I'll second it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. END OF PUBLIC HEARINGS City of Miami Page 31 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 RE.1 13692 Office of the City Clerk RE - RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PROVIDING FOR A GENERAL MUNICIPAL ELECTION ON NOVEMBER 7, 2023, FOR THE PURPOSE OF ELECTING THREE COMMISSIONERS; FURTHER PROVIDING FOR A RUN-OFF ELECTION, IF REQUIRED, ON NOVEMBER 21, 2023; PROVIDING FOR THE REGISTRATION OF PERSONS QUALIFIED TO VOTE IN BOTH ELECTIONS; DESCRIBING PERSONS QUALIFIED TO VOTE IN BOTH ELECTIONS; DESCRIBING THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF FLORIDA AND CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH THE CITY OF MIAMI HAS ADOPTED FOR USE IN GENERAL MUNICIPAL AND RUN-OFF ELECTIONS; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; DIRECTING THE CITY CLERK TO GIVE NOTICE BY PUBLICATION OF THE ADOPTION OF THIS RESOLUTION AND THE PROVISIONS HEREOF; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0171 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Chair King: May I have a motion, or our RE (Resolutions) items? RE.1, 2, 4, 5, 6, 7, as amended, 9, 10, 11 and 12. Vice Chair Carollo: Move. Victoria Mendez (City Attorney): Madam Chair, we have to -- Commissioner Diaz de la Portilla: I'll second it. Ms. Mendez: -- we have to do a couple things on the REs. We need to pull RE.9 from the block voting. That's a mitigation. Chair King: Oh, that's right. Ms. Mendez: RE.7, you received a link with regard to additional information on the Wvnwood BID, and we're also providing a hard copy to the Clerk's Office. It's just backup materials. And then I believe that we need to pull RE.5 and 11 from your block voting. City of Miami Page 32 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Chair King: 5 and 11? Ms. Mendez: Yes. Chair King: Well, I took out RE.3 because I thought -- Commissioner Diaz de la Portilla: But why? Chair King: -- maybe there -- Commissioner Covo: RE.3 is -- Chair King: Right. Commissioner Covo: -- controversial. Chair King: Right, that's the Morningside -- Commissioner Diaz de la Portilla: Well -- Chair King: -- issue. I thought maybe you might want to have some discussion. So, may I have a motion to pass RE.1 -- Vice Chair Carollo: Move. Chair King: -- 2, 4 -- Vice Chair Carollo: Move. Chair King: Not 5, right? Commissioner Diaz de la Portilla: Yeah, not 5. Chair King: 4, 6 -- Commissioner Reyes: 7. Commissioner Diaz de la Portilla: 7. Chair King: -- 7, as amended. Commissioner Diaz de la Portilla: 9. Chair King: No, not 9. Vice Chair Carollo: No, not 9 because -- Chair King: 10 and 12. Commissioner Reyes: Move it. Commissioner Covo: Second. Commissioner Diaz de la Portilla: I'll second. Chair King: All in favor? City of Miami Page 33 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 RE.2 13691 Office of the City Clerk The Commission (Collectively): Aye. Chair King: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING PROVISIONS FOR EARLY VOTING IN THE CITY OF MIAMI, FLORIDA PURSUANT TO SECTION 100.3605, FLORIDA STATUTES, FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2023, AND A RUN-OFF ELECTION, IF REQUIRED, ON NOVEMBER 21, 2023; DESIGNATING CERTAIN SITES AND A SCHEDULE FOR EARLY VOTING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0172 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number RE.2, please see Item Number RE.1 City of Miami Page 34 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 RE.3 RESOLUTION 13352 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, FOR AN AMOUNT NOT TO EXCEED FOUR MILLION THREE HUNDRED FIFTY TWO THOUSAND SIX HUNDRED SEVENTY DOLLARS AND ZERO CENTS ($4,352,670.00) ("GRANT FUNDS") FOR THE CONSTRUCTION OF THE BULKHEAD AND BAYWALK, AND IMPROVEMENTS TO THE BOAT RAMP AND TRAILER PARKING AREA AT MORNINGSIDE PARK - PART 1 OF PHASE 2 ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF THE GRANT APPLICATION; FURTHER, IN THE EVENT OF AN AWARD, AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT FUNDS FOR FISCAL YEAR 2023-2024 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO ALLOCATE THE REQUIRED MATCHING FUNDS IN AN AMOUNT NOT TO EXCEED FIVE MILLION FIFTY TWO THOUSAND SIX HUNDRED SEVENTY DOLLARS AND ZERO CENTS ($5,052,670.00) TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED FROM CAPITAL PROJECT NUMBER 40-B40532 OR OTHER LEGALLY AVAILABLE FUNDING SOURCES AND TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO. MOTION TO: Continue RESULT: CONTINUED MOVER: Sabina Covo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item RE.3 was continued to the May 11, 2023, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number RE.3, please see Item Number PA.1, PA.2, and "Public comment for all item(s) in the agenda." Commissioner Covo: RE.3? Chair King: Yes. Vice Chair Carollo: PH (Public Hearing) -- Victoria Mendez (City Attorney): Madam Chair I believe that Commissioner Covo wanted a presentation from staff. Chair King: For the Morningside -- City of Miami Page 35 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Commissioner Covo: For RE.3, for the Morningside -- Chair King: Okay. Commissioner Covo: -- because I have to ask some questions regarding the City plan. Commissioner Diaz de la Portilla: Is that ready today or you want to defer it? Commissioner Covo: No, today. Commissioner Diaz de la Portilla: Okay. Todd B. Hannon (City Clerk): Chair, and just for the record, the districts impacted reference in the agenda mistakenly shows District 5. The district 's impacted referencing -- Commissioner Diaz de la Portilla: It's two. Mr. Hannon: -- District 2. Commissioner Diaz de la Portilla: Yes. Chair King: Is staff here? Commissioner Covo: Yeah, they're here. Chair King: Okay. Commissioner Covo: Just on the shoreline, not the complete City plan, please. Chair King: And that's the last RE (Resolution) item we have. Commissioner Reyes: Which one? Chair King: RE.3. Commissioner Reyes: RE.3? Chair King: RE.3, Morningside. Okay, go ahead. Lillian Blondet: Good morning, Lillian Blondet, director of Grants Administration. I just wanted to talk a little bit about RE.3 because what this resolution does is a couple of things that are required by FIND (Florida Inland Navigation District). With the applications, we have to submit a resolution that does several things. One, we're authorized to apply for the grant, another one, we 're authorized to accept the funding, and more importantly, it tells FIND that we're going to have the funding for the match if we're recommended for funding and the project. This application for FIND was due March 28th. We submitted an application and it was incomplete because we didn't have a resolution. So, now that will fix that deficiency. We're also waiting to hear from FIND to see if they want to hear more information on this project. And the application that was submitted is for a project that is a bulkhead and baywalk and improvements to the boat ramp and the trailer park. And I think now Mr. Badia is going to give a little more detail on the project per se. Commissioner Covo: Madam Chair, may I ask a question? City of Miami Page 36 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Ms. Blondet: Madam Chair. Commissioner Covo: I'll ask her. Chair King: Yes, yes. Commissioner Covo: Is the funding tied completely to the current plan of the City? Because here's what's happening -- and to my fellow Commissioners, to see what I've inherited technically from the past 30 something days in office. I've visited Morningside. I did a mobile office already there. I've seen Mr. Cruz presentation several times. And I've also met with the new leaders of the MCA (Morningside Civic Association). We saw what happened these past days with the flooding. We're coming into hurricane season. There's a lot of help that Morningside needs for mitigation of climate change situations. But this week only, I got 40 emails in opposition and 30 of support. So, I'm split on what the community really wants, but what worries me is that they do need the funding because we cannot wait three or four more years for Morningside to get the help. So, that's my concern right now. If -- you know, if the fund -- if we could keep the funding but then socialize what could be done on the park, I don't know if at this point we can do that. Arthur Noriega (City Manager): So, let -- there's a lot more history to this project in terms of public meetings. There were -- how many did we do, four? -- at least four public meetings that presented the plan and got feedback. So, this plan is based off a number of public meetings. So, this -- the responses you're getting -- and you know, this is kind of the problem we run into sometimes when we get feedback item by item. This particular project has a significant amount of history to it and as a result, the plan that was generated was based on all of that feedback we got from the community and people that were present at the various public meetings. So, this clearly wasn't done, you know, in a bubble. It wasn't in a sterile environment. It was really done based on a lot of public input. So, you know, I -- staff fully supports the plan as presented. We've worked hard on it. The FIND grant is an exceptional opportunity for us to have, you know, a source of funding to be able to fund it. So, you know, we will respectfully request we have the ability to move forward with it. It's kind of been delayed. A lot of the elements of Morningside Park have taken a really long time to come to fruition because we get a lot offeedback and a lot of back and forth. But you know, I'd hate for us to delay it even further. I think it might put our -- the grant in jeopardy, correct, Lillian? So -- Commissioner Covo: So, it would put the grant in jeopardy? So, technically, the question was, is it -- is the funding tied to the current plan only. Ms. Blondet: It's tied to an application and a project scope. First, we're applying, so we're pretty sure or we're hoping we get the money from FIND because we're -- Commissioner Covo: We cannot amend the plan if afterwards we 've -- Ms. Blondet: The plans could be amended if it's -- Commissioner Reyes: Okay. Ms. Blondet: -- a minor change. The staff -- FIND staff could approve it. If it's a major change or changes the scope of the project that was approved, they may just ask us to go back to the FIND board and reassess the project and see if they want to move forward. City of Miami Page 37 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Chair King: I'd ask -- I have one question on the -- when you have -- why can 't the seawall mirror the seawalls in the other parks? Why -- why is -- why is the proposal setting the seawall back so far versus other parks like Wainwright Park and --? I don't understand that. Commissioner Covo: And ifI may add to that, Madam Chair, I -- and this is a second question just to make sure. I know that numerous studies have been done by the Administration that we hired experts for it. Is this the first time that we 're doing this type of seawall element in the City? Ms. Blondet: I'd let Hector -- Commissioner Covo: Because they don't -- Madam Chair is right. They don't mirror the other ones. So, Ijust want to make sure that we do something that works. Ms. Blondet: I'll let Hector go over -- Commissioner Covo: Okay. Ms. Blondet: -- over the design. Hector Badia (Interim Director, Office of Capital Improvements): Alrighty, if we can go through the presentation, I think it will answer a lot of the questions you may have. So, ifI may take the opportunity. Commissioner Covo: Sure. Mr. Badia: Hector Badia, Interim Director, Office of Capital Improvements. I'm here today -- Aida Curtis, from Curtis + Rogers Design Studio, and she is our -- her firm is contracted to do the design on Morningside. Aida Curtis: Good morning, Commissioners. Aida Curtis. And I guess to go to your point, Commissioner Covo, it is a different situation what we have at Morningside Park. Our firm was also involved in Alice Wainwright Park and the condition is completely different there. What we have in Morningside Park is we have a condition which is already natural. We have mangroves all along the edge. There are areas that are open with no mangroves, and we are maintaining those open with no mangroves. To put a seawall at the edge of the water would imply significant impacts to the natural systems, significant removals not only of mangroves but also of seagrasses that are already existing in that area. Not to say the least that the agencies, the permitting agencies would not look at that in a favorable position, which means that it would take years and extra funding for us to try to get that approved. It is not to say that we would get it approved. It may not even be permittable to do that. So, that is one of the situations. The other situation -- Commissioner Covo: So, I guess that answers one of the questions, Madam Chair. That's actually answering why the seawall is inland. Ms. Curtis: Why it's a different situation than what we have in other areas. I think there was also some, I think, misunderstandings in the presentation, in the comments made. The loop road is intact. We are not doing anything to the loop road. The first image that you saw -- Hector, if you go back to that one, the first one -- you see the loop road goes all the way around the park and that is still remaining. There is -- we are not doing any work to the loop road, so the loop road is remaining. Also, we have a situation where you have approved design guidelines and you adopted them in July of 2021. And while most of the City has a hard edge and a seawall along the water, there are situations where you don't. There are areas where you don't. Morningside City of Miami Page 38 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 is one of those. And for those areas, the ordinance says that they allow and encourage the exploration of more natural areas where possible. And a waterfront -- where possible, they encourage the exploration of these waterfront edges, softer edges that will absorb and dissipate wave energy through sloped and terrace embankments and a combination of horizontal and vertical surfaces. So, your ordinance allows and encourages the exploration of alternative bulkheads when the conditions present themselves such as the situation in Morningside Park. Commissioner Covo: Thank you. Commissioner Diaz de la Portilla: Who sponsored that ordinance? Ms. Curtis: I don't know who sponsored that ordinance. I don't have that information. Commissioner Diaz de la Portilla: No, you cited it. You don't have that information. Ms. Curtis: Excuse me? Commissioner Diaz de la Portilla: You cited it. That's why I'm wondering if you're familiar with it. Ms. Curtis: I cited it because it was approved by the City of Miami Commission in July 2021 and it's the ordinance with the baywalk design guidelines. Commissioner Diaz de la Portilla: Okay. Ms. Curtis: That is in there. Commissioner Diaz de la Portilla: Do you know who sponsored that ordinance? Mr. Badia: I don't know who the sponsor was. Commissioner Diaz de la Portilla: Well, I would probably guess -- so, the question -- the logical question is, is this driven by any previous Commissioner from District 2? Was he involved in this planning during all these years of planning? Mr. Badia: Yeah, our department was involved in the development of the baywalk ordinance, sir. Ms. Curtis: It's part of your Miami 21 Code. I'm not sure what -- Commissioner Diaz de la Portilla: Is this plan that you're presenting, Mr. Manager, was it driven in any way, shape, or form by the former Commissioner from this district? Mr. Noriega: I would suspect he had involvement in it because it's -- Commissioner Diaz de la Portilla: Yeah, did you have --? Mr. Noriega: -- it was the baywalk and it was his district, so I assume he had -- Commissioner Diaz de la Portilla: But did you have any conversations with him about that? City of Miami Page 39 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Mr. Noriega: I didn't personally, but I mean, he more than likely was involved. I mean, I'm sure the Clerk's Office is looking up who sponsored the item and they'll be able to probably tell you in a minute. Commissioner Diaz de la Portilla: I just want to make sure we don't get trapped by a past bad decision, right? Commissioner Covo: That's what I'm frying to say. Commissioner Diaz de la Portilla: And I agree with you -- Commissioner Covo: Like I -- Commissioner Diaz de la Portilla: -- yeah. Commissioner Covo: -- I'm not an expert on flooding. Commissioner Diaz de la Portilla: Right. Commissioner Covo: I just see what's happening. Commissioner Diaz de la Portilla: None of us are, that's why. Commissioner Covo: But I do believe that we need to do something and I would hate to not, you know, get the funding to help Morningside Park. I just don't know what's the right equation because it's a plan that it was there before me. Mr. Badia: Could we walk through the presentation? I think -- Commissioner Reyes: Madam Chair. Commissioner Diaz de la Portilla: Well, I have -- Madam Chair. Commissioner Reyes: May I ask a question? Commissioner Diaz de la Portilla: Sure. Commissioner Reyes: Because we are -- this is for the grant writer. What we are discussing here is accepting the FIND grant, right? Commissioner Diaz de la Portilla: No. Ms. Blondet: We're requesting authorization to submit the application on the project. Commissioner Reyes: To submit the application. Ms. Blondet: We still have to go for -- Commissioner Reyes: But it is -- it is -- that application tied to -- I mean, it is -- Ms. Blondet: To a scope of work. Commissioner Reyes: -- to a scope of work that is to the plan, that plan or the other plan, whatever it is. Ms. Blondet: It's this plan that -- City of Miami Page 40 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Commissioner Reyes: Is that cast in stone, cannot be changed? Ms. Blondet: The project could be changed. If there are a lot of changes that FIND - - if approved and funded, FIND board may request and require a meeting. Also, we have to have the permits for the project we're requesting funding for. Mr. Noriega: Can I clam something because I --? There 's a little bit of nuance to what he's asking and I want to make sure -- Commissioner Reyes: Yes. Mr. Noriega: -- we answer it correctly. If you change the scope of work now, we cannot apply for the FIND grant because if you apply for it -- Commissioner Reyes: Okay. Mr. Noriega: -- and then change it afterwards, you put it at risk. We need to have a set scope -- Commissioner Reyes: Okay. Mr. Noriega: -- before we submit the application. Commissioner Reyes: Set scope of work -- Mr. Noriega: Yes. Commissioner Reyes: -- and if the grant is going to be granted, I mean, based on the scope of work that it is presented. And that cannot be changed. Ms. Blondet: No. Commissioner Reyes: If we change it, then we have to reapply again, right? Mr. Noriega: Correct. Ms. Blondet: Next year, yes. Commissioner Reyes: Okay. Ms. Blondet: And it requires -- Commissioner Reyes: That is clear. Ms. Blondet: -- that the permits are available -- Commissioner Reyes: I want to have that -- I want to -- Ms. Blondet: -- or issued for the project that we applied funding for in mid - September. Otherwise, the grants don't get funded. Chair King: Well, may I? Ms. Blondet: Yeah. Chair King: Because I was in a similar situation. If you don't do the scope pursuant to the FIND grant, you can give it back because that's what I did for Legion Park. City of Miami Page 41 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 The proposal didn't make sense for our community, and instead of being held hostage by the grant, I gave the grant back and we did for Legion Park what made most sense for its constituents. So, I wouldn 't -- I wouldn 't personally make my decision based on receiving a grant if it doesn't make sense for the community. I just want to give you that information. Commissioner Covo: So, I have a question regarding that. If that's the case and we give the grant back, how long -- how much of a delay we 're going to be getting for the -- again -- Mr. Noriega: Well -- Commissioner Covo: -- again, I think the City -- I -- you know, I saw the City plan. I've seen the presentation three times and it's very environmentally friendly, like you mentioned. Ms. Curtis: And it is -- has a lot of benefits for the community that we haven't gone through yet but we can -- Commissioner Covo: I'm concerned about the nature. I'm concerned about the mangroves. I like mangroves myself. I come from a city in the Caribbean. But this is what concerns me, it's -- you know, I'm getting divided emails into my office -- Commissioner Diaz de la Portilla: Well -- Commissioner Covo: -- so that really concerns me. That's my only question. Commissioner Diaz de la Portilla: I recommend -- Madam Chairwoman, I recommend that we give the Commissioner some time to look at it and to -- Commissioner Covo: I mean -- Commissioner Diaz de la Portilla: -- and maybe `til June because you said September, I believe. Somebody said September here. Mr. Noriega: What's the deadline? Commissioner Covo: No, September is -- Commissioner Diaz de la Portilla: No, I mean, that's the deadline, right? Commissioner Covo: When's the deadline? Commissioner Diaz de la Portilla: She said September. Ms. Blondet: FIND will give us until May 15th to submit any -- what they call technical sufficiencies, and this is one of those. If not, then we'll apply next year and the cycle is in March for the following October funding. Commissioner Diaz de la Portilla: Did you not say September? I heard September coming out of your mouth. Ms. Blondet: September is when they make the decision -- Commissioner Diaz de la Portilla: Okay. City of Miami Page 42 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Ms. Blondet: -- for the funding. The park is already going to be funded, and by then we have to have all the permits -- Commissioner Diaz de la Portilla: And what's due -- Ms. Blondet: -- and the contracts start October 1st. Commissioner Diaz de la Portilla: By September, okay. What is due on May 15th, this actual plan or -- Ms. Blondet: What is called -- Commissioner Diaz de la Portilla: Oh, let me finish, please. What is due on May 15, the actual plan and complete -- Commissioner Covo: The application. Commissioner Diaz de la Portilla: -- the plan complete or is it subject to addendums and amendments moving forward as they go through that decision -making process? Ms. Blondet: What they call technical sufficiency -- Commissioner Diaz de la Portilla: Yes. Ms. Blondet: -- which is any information that was missing from the application -- Commissioner Diaz de la Portilla: Okay. Ms. Blondet: -- or additional information -- Commissioner Diaz de la Portilla: So, in essence, the plan -- Ms. Blondet: -- that they may want. Commissioner Diaz de la Portilla: -- in essence, the plan could be altered beyond May 15th, before they make their decision, correct? Ms. Blondet: Yes, we go and present to FIND in June. Commissioner Diaz de la Portilla: In June, okay, so now we're getting the dates correct. So, you present to FIND in June. My only issue is that the Commissioner from -- the newly elected Commissioner from District 2, it's in her district, although, it is a park that serves the entire community, but it is her district, and it's been contentious for the past four, five years. She's inheriting something and a plan that's not her doing that she should have the right to at least take a look at, analyze it, like or dislike it, and recommend to the rest of us what she thinks should happen based on all available information, not on what the Administration may want to pull to do today. Give her the time is what I would recommend to -- Commissioner Covo: I have a question. Commissioner Diaz de la Portilla: -- not too much, I mean, maybe June. Commissioner Covo: I have a question. I think it's very fair. If this had been in the works under Commissioner Russell for so long, why are we voting on this now? I mean, the community should be very concerned, very concerned. City of Miami Page 43 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Commissioner Diaz de la Portilla: Probably because the plan stinks and probably because the people in this Commission did not like the plan from the beginning. I haven 't liked it. I got here in 2019. He's been working on this for five years, as far as I know. I don't know how long he's been thinking about it. So, to me, to adopt something just because you're going down the wrong path to begin with and because it's there, it's finished, and you got to the wrong place and now we have to adopt it today because -- just simply because you've been working on it for five years doesn't make sense. Mr. Badia: Well, the -- Commissioner Diaz de la Portilla: It's what's good for that community, what's good for the park, what the people in the district want. See, the Commissioner has received 41 -- I think she said -- against and 30 -- I mean, 4 and 31 against. Commissioner Covo: Almost (UNINTELLIGIBLE) because ifI -- because I -- it's not only the emails. I mean, I have been at the MCA meetings -- Commissioner Diaz de la Portilla: Sure. Commissioner Covo: -- and I've seen that a lot of people want it. I've also spoken to Mr. Cruz that a lot of people don 't want it. So, at the end of the day -- Commissioner Diaz de la Portilla: So, what's wrong -- Commissioner Covo: -- I just -- Commissioner Diaz de la Portilla: -- what's wrong with time? What's wrong with this getting --? Commissioner Covo: The grant. Commissioner Diaz de la Portilla: Yeah. Mr. Noriega: If there -- Commissioner Diaz de la Portilla: Well, the grant, we already established -- Commissioner Covo: That they get a delay of one more year. Ms. Blondet: Well, can I --? Commissioner Diaz de la Portilla: No, that's not true. Ms. Blondet: If I can offer a clarification on the grant, please. Commissioner Reyes: Yes. Ms. Blondet: The grant is also requiring all permits to be done by September 15th. Commissioner Diaz de la Portilla: September, correct. Ms. Blondet: Okay, if we move the seawall to the water as it has been requested, permits would have to be acquired by many, many other agencies, which they are not being acquired at the moment because we are not touching the main highwater line. So, once we start touching state waters, we end up having permits from the Florida Department of Environmental Protection -- City of Miami Page 44 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Commissioner Reyes: They won 't -- they won 't grant that. They won 't grant it. Ms. Blondet: -- and all other permits. And that is a -- it's a lengthy and costly process. I'm not saying it can't be done, but it certainly would not be able to be accomplished by September. Mr. Noriega: Okay. Commissioner Diaz de la Portilla: I'm going to -- Madam Chair, just one last comment. I'm going to defer to what the Commissioner from the second district wants. It's your district; you represent it. I think you made bed all of you -- made a bed and you want us to lay in it. I don 't think the plan is a good plan. I think we have better alternatives. I do agree with Mr. Cruz on many of his points. The 77 feet setback is a mistake in my opinion. The pool placement is a mistake in my opinion. I know the park very well. I played in the park when I was growing up. My parents lived by there, not in Morningside, but near there. And so, to me, I think it's a mistake just because you start something and something is not working and something doesn 't make sense so you have to vote it out because some last minute -- in two months, we have a deadline, and you know, we can't -- we have to pass something that's not a good idea. I think this is a bad idea as is and at least we should have the opportunity to correct it and make it a better idea. That 's just my opinion. Ms. Blondet: With all due respect, Commissioner De La Portilla, the 77 street setback, there is also a walkway that is much closer to the water, and we are preserving all of the existing views and the pool can still happen. It is not part of this program, but it can still be accommodated within the area where it is -- Commissioner Reyes: Madam Chair. Ms. Blondet: -- where it was, so that is still possible. That is not -- Commissioner Reyes: If I may. I have a question. How much longer do we have before do we have to present this or pass this resolution? How much? Mr. Badia: With the current scope? Commissioner Reyes: Yes, with the current scope, how long do we have? Because what I'm frying to do now is let's provide the Commissioner additional time -- not until September or something. Ifyou need some additional time to -- Commissioner Covo: I mean, 30 -- Commissioner Reyes: -- and you make up your mind. Commissioner Covo: -- 30 more days, but my question again is, if we just pass -- Commissioner Reyes: Does --? Commissioner Covo: -- the grant or if we return it -- like I need more information on that. Mr. Noriega: So, let's -- Commissioner Covo: Can we just make amendments to a plan or no? Commissioner Reyes: Okay. City of Miami Page 45 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Mr. Noriega: No, let me clam something because we did it for -- at the Chairwoman's request, we did give back the funding and changed the scope, right, on that FIND project. But that was not -- that didn't reflect well on the City, by the way. And if that becomes a pattern, it will impact our ability to get future FIND money. So, you can't start creating a -- an expectation that we can just pull the money back because then FIND 's going to go, "Well, are these projects for real or are you all on the same page?" I mean, you understand, it's a board. They vote on it and we get feedback from them. So, I don't want us to get in the habit of accept -- Commissioner Reyes: Madam Chair. Mr. Noriega: -- applying, accepting, and then giving the money back. That can be the exception every once in a while, but it can't be -- we can't consistently do that because if we do, it will impact our ability to get future money. It will -- Commissioner Covo: However, however, the exception was done because it happened to Madam Chair when she just got here and she inherited a plan. So, what I'm frying to tell you, Mr. Manager, is that I'm interested in getting the funding to help the park, and it's not that I dislike the City plan. I think it looks amazing and it looks better than the seawall on the shore. I just want to make sure that it's a hundred percent effective and I need a little bit more of the time. That's all that I'm requesting. Commissioner Reyes: That's right. My question -- excuse me, my question is how much time do we have before we have to apply? If -- do we have a period of time that we can give the Commissioner for her to analyze and make up your mind? Let's grant her with that time and let's bring this back within, within the application -- Mr. Badia: The technical sufficiency has to be finished May 15th. Chair King: You know what I was -- Mr. Noriega: So -- so -- Chair King: -- always curious about? We never had an alternative plan. Like we never had an -- Mr. Noriega: No. Chair King: -- alternative plan where we would see what the other half of the residents were asking for. This is what was proposed, but the plan to show -- this is what the other side wanted and why this worked or why it didn't work. That always troubled me why we didn'thave -- Vice Chair Carollo: Yeah. Chair King: -- an alternative plan. Vice Chair Carollo: Through the Chair -- Mr. Badia: So, we had multiple meetings with alternatives -- Commissioner Reyes: Yes. Mr. Badia: -- for the park itself so it was -- City of Miami Page 46 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Vice Chair Carollo: Chair, if I may suggest this, Commissioner Covo. If we have to call a special meeting for this -- Commissioner Reyes: We would. Vice Chair Carollo: -- I have no problem in doing it. Commissioner Reyes: So, give her time. Vice Chair Carollo: So, we'll give you all the leeway that you need. Commissioner Reyes: That's right. Mr. Noriega: Can I make a recommendation just for a timing purpose? Why don't we defer this to the May 11 th meeting. Commissioner Reyes: Absolutely. Mr. Noriega: It still gives us a little bit of time to submit everything if we need to. It'll give you an opportunity -- Commissioner Covo: Four days. Mr. Noriega: -- to process what you need to process. Commissioner Covo: Four days. It gives us four days, right? Mr. Noriega: No -- yeah, but -- Commissioner Covo: So, it's May 15th. Mr. Noriega: -- but four days is not a problem if you'll -- because it's a yes or no. It's either we 're going to submit the grant or we 're not on May 11th. You're just -- you're not extend -- it's either yes we're going to make this cycle or we 're not, and then we 'll just kick it to next year. Commissioner Covo: Okay, so let's do that. I'm going to go ahead and I'm going to re -- is there a record of those meetings that were socialized with the community? Were those recorded? Mr. Badia: I don't recall if they are recorded. I think that one of them was, but we have records of those meetings. Commissioner Covo: Exactly, so let's defer to the May 11th. I'm going to review those town hall meetings, and then we make the decision. Commissioner Diaz de la Portilla: I'll second that. Commissioner Reyes: Okay, I'll sec -- Commissioner Diaz de la Portilla: That's a motion, right? Chair King: We have a motion and a second to defer RE.3. All in favor? The Commission (Collectively): Aye. Chair King: I'm going to call a recess now and we will return at 2 o 'clock. City of Miami Page 47 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Commissioner Diaz de la Portilla: Okay. I have ribs for you, Commissioner Carollo, for you too, Commissioner Reyes. Commissioner Reyes: Thank you. Commissioner Diaz de la Portilla: I don't know if you eat ribs or not, but 1 know you don't, so we have Flannigan ribs in the office. Commissioner Reyes: Flannigan -- RE.4 RESOLUTION 13648 Department of Innovation and Technology A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE STATE OF FLORIDA'S DEPARTMENT OF MANAGEMENT SERVICES FOR THE LOCAL GOVERNMENT CYBERSECURITY GRANT PROGRAM FOR CYBERSECURITY TECHNICAL ASSISTANCE SERVICES AND COMMODITIES, WITH NO REQUIRED CITY OF MIAMI ("CITY") MATCH, FOR THE VALUE OF THE SERVICES, LICENSES, OR COMMODITIES TO BE DETERMINED, IN THE EVENT OF AN AWARD; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE OF THE GRANT AWARD. ENACTMENT NUMBER: R-23-0173 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number RE.4, please see Item Number RE.1. City of Miami Page 48 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 RE.5 RESOLUTION 13486 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RECOGNIZING FISCAL YEAR ("FY") 2019-2020 AND FY 2020-2021 REVENUE LOSS CALCULATIONS AND ALLOCATING AND APPROPRIATING AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") FUNDS IN A TOTAL AMOUNT NOT TO EXCEED $72,740,742.84, IN ACCORDANCE WITH EXHIBIT "D," ATTACHED AND INCORPORATED, SUBJECT TO ANY AND ALL APPLICABLE FEDERAL, STATE OF FLORIDA ("STATE"), AND LOCAL LAWS, RULES AND REGULATIONS; AUTHORIZING THE CITY MANAGER TO ALLOCATE AND APPROPRIATE FUNDS AS IDENTIFIED IN EXHIBIT "D," ATTACHED AND INCORPORATED, SUBJECT TO ANY AND ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES AND REGULATIONS; AUTHORIZING THE CITY MANAGER TO MAKE ANY CHANGES TO ADJUST, AMEND, AND APPROPRIATE THE CITY OF MIAMI'S OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI -YEAR CAPITAL PLAN, AS NECESSARY AND APPLICABLE, PURSUANT TO THE PROVISIONS OF THIS RESOLUTION, RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND THE DESIGNATED CITY DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION HEREWITH. ENACTMENT NUMBER: R-23-0174 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Chair King: Now can we go back and revisit PH. 6? Victoria Mendez (City Attorney): Then Madam Chair, if you can pass RE. 5 and 11 before you do PH. 6. Chair King: May I have a motion for RE. 5 and 11 ? Commissioner Reyes: Move it. Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. City of Miami Page 49 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 RE.6 RESOLUTION 13698 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO OBJECTION AND SUPPORTING THE CO -DESIGNATION BY THE 2010 FLORIDA LEGISLATURE, PURSUANT TO HOUSE BILL 1033, CODIFIED AS CHAPTER 2010-233, LAWS OF FLORIDA, DESIGNATING THAT PORTION WITHIN THE CITY OF MIAMI LIMITS OF NORTHWEST 32 STREET BETWEEN NORTHWEST 6 AVENUE AND MIDTOWN BOULEVARD, MIAMI, FLORIDA, IN MIAMI-DADE COUNTY AS "EUFAULA FRAZIER STREET" AND THE PORTION OF NORTHEAST 82 TERRACE BETWEEN NORTHEAST 2 AVENUE AND NORTH MIAMI AVENUE, MIAMI, FLORIDA, IN MIAMI-DADE COUNTY AS "CENTER FOR HAITIAN STUDIES STREET"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SIX, FOR SIGN INSTALLATION WITHIN THE NEWLY DESIGNATED ROADWAY. ENACTMENT NUMBER: R-23-0175 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number RE.6, please see Item Number RE.1. RE.7 RESOLUTION 13696 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RE-ESTABLISHING A SPECIAL ASSESSMENT DISTRICT AREA TO BE KNOWN AS THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID") AND AUTHORIZING THE LEVY AND COLLECTION OF A SPECIAL ASSESSMENT FOR A PERIOD OF TEN (10) YEARS, SUBJECT TO THE APPROVAL OF A MAJORITY OF AFFECTED PROPERTY OWNERS FOR THE CONTINUED EXISTENCE OF THE BID; PROVIDING FOR THE NATURE AND ESTIMATE OF BENEFITS TO BE PROVIDED; PROVIDING DETAILS OF ASSESSMENT PROCEDURES, PAYMENTS, AND STATUTORY LIENS; PROVIDING FOR PUBLICATION OF LEGAL NOTICE; AUTHORIZING AND DIRECTING THE CITY MANAGER, THE CITY CLERK, THE FINANCE DIRECTOR, THE BID EXECUTIVE DIRECTOR, BID BOARD MEMBERS, AND ALL OTHER NECESSARY CITY OFFICIALS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO UNDERTAKE ALL NECESSARY ACTIONS AND PROCEDURES TO ACCOMPLISH THE PURPOSE AND INTENT SET FORTH IN THIS RESOLUTION IN ACCORDANCE WITH CHAPTER 170, FLORIDA STATUTES. ENACTMENT NUMBER: R-23-0157 City of Miami Page 50 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 RE.8 12685 Commissioners and Mayor MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For additional minutes referencing Item Number RE. 7, please see Item Number RE.1 and `Public comments for all item(s) in the agenda." Chair King: We have a mitigation, RE.9. Let's hear that now. Todd B. Hannon (City Clerk): Madam Chair, just before RE.9, my apologies, just for the record for RE. 7, which was amended, the amendment includes a clarification for a resolution number in the legislation. Exhibit B-2 is being substituted. Exhibit C is being substituted and some backup documents are being substituted, just for the record. Chair King: Okay. RESOLUTION MAY BE DEFERRED A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-176 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A REVOCABLE LICENSE AGREEMENT ("RLA") FOR THE OCCUPANCY OF OFFICE SPACE WITHIN THE MANUEL ARTIME THEATER LOCATED AT 900 SOUTHWEST 1 STREET, ROOM 200, MIAMI, FLORIDA. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number RE.8, please see "Order of the day." City of Miami Page 51 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 RE.9 13715 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN FOR CASE NUMBER CE2021009618 ON PROPERTY ADDRESS 212 NORTHWEST 11 STREET, MIAMI, FLORIDA, AFTER A HEARING AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIEN; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. ENACTMENT NUMBER: R-23-0176 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Chair King: We 'll hear RE.9 now. Is there an attorney that's going to --? Victoria Mendez (City Attorney): Mr. Nemons is presenting it. He should be here shortly. Chair King: Good morning. Eric Nemons (Assistant Director): Good morning, Honorable Commission. Eric Nemons, Code Compliance. This is a resolution for the Commission to hear on a mitigation for address 212 Northwest I1 th Street. The property had several code compliance -- it's a commercial multiunit business property. The property was cited in 2011 for no certificate of use and no business tax -- valid business tax receipt. The case was complied, all the tenants were removed. The lien ran for 123 days, with a lien total of $105, 750. The owner is not a repeat violator, and the owner is offering a mitigation of $5, 000. Chair King: For how much? How much is the total? Mr. Nemons: The total lien is $105,750, ma'am, and the owner is offering a mitigation of $5, 000. The assessed property value is $404, 472. Chair King: Is the property for sale? Mr. Nemons: I believe the property is for sale. Chair King: And what is the sale price? Commissioner Reyes: That's right, 10 percent. Mr. Nemons: I believe it's $1.4 million. Commissioner Reyes: Madam Chair, if I may. City of Miami Page 52 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Chair King: Go ahead. Commissioner Reyes: We have established -- I think it's a rule, almost a rule -- that we ask also for 10 percent -- Mr. Nemons: Yes, sir. Commissioner Reyes: -- minimum. I mean -- Mr. Nemons: That is correct, sir. Commissioner Reyes: -- we will mitigate but -- Chair King: But this is a commercial property though, so for me, I've established a policy where if it's a commercial property, we're asking for 25 percent. Commissioner Reyes: 25 percent? Chair King: Yes. Commissioner Reyes: Well, that's -- Chair King: So, we can -- Commissioner Reyes: -- a little bit high -- I mean, it's higher than -- Commissioner Diaz de la Portilla: Well -- Commissioner Reyes: -- more power to it. Commissioner Diaz de la Portilla: -- this concern is probably more of a question for our City Attorney than for you, Madam Chair, if I may. It seems arbitrary to me, right, some meetings where you do 7 percent, other meetings we do 10 percent. Now, it's 25 percent. And on a case by case basis, this arbitrariness may lead us to some legal issues moving forward. Is that the case? Victoria Mendez (City Attorney): Okay, so I know that the Commission has sometimes looked at a 10 percent or a 25 percent, but at the end of the day, it is always based on the case at hand. Vice Chair Carollo: Yeah. Ms. Mendez: We have to hear the applicant for the mitigation and see what factors would lead this Commission to make a decision. Commissioner Diaz de la Portilla: But besides the applicant, I haven't heard a case yet why this one should be 25 vis-a-vis one being 10 and one being 7. And the Commissioner said -- the Chairwoman said that she wanted this for this particular case. Maybe they can make the case -- Chair King: No, I'm waiting for them to make the case. Commissioner Diaz de la Portilla: Yeah, that's what I want to hear. Chair King: Yes. City of Miami Page 53 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Commissioner Diaz de la Portilla: But you said you recommended 25 percent in this case -- Chair King: For commercial property. Commissioner Diaz de la Portilla: -- and Commissioner -- and Commissioner -- Chair King: Not this case, not this case, but for commercial properties -- Commissioner Reyes: For commercial -- Commissioner Diaz de la Portilla: For commercial. Commissioner Reyes: -- property. Chair King: -- in my district. Commissioner Diaz de la Portilla: In your district, but that's a problem because one district is this, one district is that. This case is this, that case is that. Commissioner Reyes: Well, Madam Chair -- Commissioner Diaz de la Portilla: You have to have a policy with certain parameters or certain guidelines. You have to have a policy in place that says -- otherwise, it could be, you know, whatever number we come up with. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: It's got to be -- well -- Commissioner Reyes: Madam Chair. Commissioner Diaz de la Portilla: -- but let me finish. Let me finish. Commissioner Reyes: Okay. Go right ahead and finish. You 've been repeating -- Commissioner Diaz de la Portilla: No, no, I haven 't (UNINTELLIGIBLE). I'm making a point and points require some time. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: The -- and I'm actually following up on your point. You were the one that brought up the fact that it's 25 percent vis-a-vis another case being 10 and 10 and 10, then 7. So, to me, I want to know what the reasoning is, and maybe they can give us that reasoning -- Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: -- so that we 're consistent in what we're doing here, apart from the three factors that we take into place, you know, constant violators, repeat offenders, those kind of things that we -- life safety issues -- that are taken into account besides those points. Commissioner Reyes: Madam Chair, just to answer the question of Commissioner Diaz de la Portilla why -- the only thing that I brought up is that we are being consistent. And correct me if I'm wrong, Madam City Attorney, through -- out of the - City of Miami Page 54 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 - every -- all the mitigations, we have been consistent asking a minimum of 10 percent as a minimum, as a minimum. Ms. Mendez: Yes -- Commissioner Reyes: And that 's the only thing thatl -- Ms. Mendez: -- depending on the factors. Commissioner Reyes: -- was reminding everybody that we have been consistent on that. If we want to change that, that it is -- I mean, it is the will of the Commission to change it up or down, I agree -- I mean, it's fine with me as long as we are taking into considerations if it has been a constant violator or what the -- this is going to be sold for a million dollars, you see. And that -- all those different, I would say, conditions that have been explained have to be taken in consideration, but we have been consistent on 10 percent, and that's the only thing. Now, if we want to change it from one way or the other, we change it. But I -- Ms. Mendez: I think, based on the facts that have been presented at each hearing -- Commissioner Reyes: That's right. Ms. Mendez: -- it has been more or less that amount, but each case is pretty much on a case by case basis depending on the facts, as shown in each item, whether it's a repeat violator, what happened with each property and those things. So, right now, I think we need to hear from the applicant to see what his proposition is and the facts in addition to what we heard from Mr. Nemons so that the Commission can make a decision. And I also wanted to list for the record that a Jennings disclosure that you were briefed by staff and the City Attorney on this item to give you the background of the money that -- of the liens that were owed, the value of the property and that type of information. But if the applicant can speak now, it would be great. Vice Chair Carollo: Before you do, Chair, can I ask a brief question? Is this property residential or commercial? Commissioner Reyes: Commercial. Chair King: Commercial. Mr. Nemons: It's a commercial property, sir. Vice Chair Carollo: It's a commercial property. Mr. Nemons: Yeah. (INAUDIBLE). Chair King: So, we need to now let them -- Vice Chair Carollo: Okay. Chair King: -- have -- Vice Chair Carollo: The -- Chair King: -- let them -- let them make their statement so we don 't -- Vice Chair Carollo: Yeah, I just wanted to know if it was residential or commercial, okay. City of Miami Page 55 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Chair King: Yeah, it's a commercial property. Go right ahead, Mr. Urolland. Thank you. Frank Urolland: Thank you. Good morning, Madam Chairwoman, Mayor, members of the Commission. My name is Frank Urolland. I'm an attorney, and I represent Complex Transactions. Stand up, Mr. Fogel. This is Mr. Fogel. He's the owner. He's a long-time resident. Mr. Mayor, to answer your question, the property is commercial and residential. The first floor is laid out with three commercial spaces. The second floor is residential. There are actually two apartments, but for the last five years, Mr. Fogel personally has been living there on the second floor. It's his residence, you know, there at Overtown. It's the only way he could keep his business and his property safe. Vice Chair Carollo: Okay. Mr. Urolland: And so, to also touch very briefly and, you know, confirm what the City Attorney just said -- and my understanding as an attorney for 44 years -- there are no standards for mitigation and for resolution of this kind of matter. It's completely in the discretion of the Commission and you base it on the circumstances in each case. And you may have a history of doing it one way or another, but there's really no rule. It's totally in your discretion. I want to try to give you the history of this. And I apologize, it'll take about two or three minutes, but I think it's necessary to have you all understand exactly what happened because Mr. Fogel does have a hardship. And he's had this property for -- since 1997, that's 25 years. And unfortunately, in August of 2020, he leased two of the three spaces on the first floor to a gentleman named Mr. Martin Johnson who was going to open up a takeout deli. And Mr. Johnson moved in, he began operating, he refused to get a license, or a certificate of use, or to pay the BTU [sic]. And Mr. Fogel could not do this in spite of him. Because it's not his business, he couldn't sign for it. And Code Enforcement came and they cited -- Mr. Fogel, he asked them to cite the tenant. They said, "No, we 're going to cite you, " which that is their right and I understand why they would do that. But as the owner, he was cited in January of '22. And counsel said that he was cited in 2011. I think -- no. Mr. Nemons: It was 2021, sir. Mr. Urolland: Okay, I'm sorry. Mr. Nemons: It was 2021. Mr. Urolland: I just wanted to say it hasn't been 10 years. It was one year. And within two months after getting cited, he was in the court trying to evict the tenant, and the tenant was well represented. The matter is still going on now. There are more than 50 docket entries. It's not easy to evict someone in the courts, especially in 2022, when we were at the height of COVID. And so, he did his best and we were successful in February of this year in getting the tenant to move. He moved one day before a hearing where the judge was going to throw him out. So, right after that, we asked Code to come back. They said, "Yes, you don't need a BTU. You don't need a C -- you need nothing because your tenant is gone. You are in compliance." And meanwhile, Mr. -- not only did he lose -- because the tenant didn't pay rent for about a year, but the tenant didn't pay -- he didn 't pay the utilities. Mr. Fogel could not pay his mortgage. He hasn't paid his mortgage for more than a year. He owes two years of taxes, and he's in financial distress. And he's forced to sell the building, which he's had for 25 years. He would like to keep it, but he can't. He -- the financial reality is otherwise. City of Miami Page 56 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Vice Chair Carollo: Excuse me for one second. Mr. Urolland: Sir. Vice Chair Carollo: Have we verified that he 's two years in arrears in taxes? Mr. Nemons: The attorney asserted that he hasn 't paid his -- I didn't -- he didn't pay -- he has a mortgage or taxes? Vice Chair Carollo: No, no. Commissioner Reyes: No, no. Mr. Urolland: Mayor -- Vice Chair Carollo: I'm trying to verify if you have verified or anyone in the City has verified that in fact what the attorney said is accurate -- Mr. Nemons: Oh, I wanted to clam -- Vice Chair Carollo: -- that he's two years in arrears in the taxes. Mr. Nemons: So, I'm not sure about the taxes, sir, but I wanted to clan fy something that the attorney said. He stated that his tenants did not have certificate of uses and BTRs (Business Tax Receipts); they could not get it. That is correct, but part of the reason why they could not get a certificate of use or BTR is because he did not get a BTR or certificate of use for his multiuse building. So, when you have a multiuse building and you are a landlord, you have to have a certificate of use and a business tax receipt to conduct business and have lessees in your building. And the owner, he did not. Mr. Urolland: Mr. Mayor, my understanding, first of all, is that -- and I'm privy and can furnish you in 60 seconds a copy of the title commitment which reflects -- and Mr. Fogel has corrected me that the taxes are three years in arrears. And Mr. Fogel's understanding in terms of the violation -- because the only use -- commercial use in the building was that of Mr. Johnson and the deli takeout. He was living in the building. So, you know, he was residing in it and that may be another issue, but he was not cited for that. And to his knowledge, I mean, he is a good citizen. He got his 50-year, you know, compliance three years ago. He spent money when he could on the building. It's well maintained. He cleans up the properties around him. He doesn't have a history of code enforcement problems. He 's a good citizen and a good history, and he 's an asset to the Overtown neighborhood. And it's unfortunate that he's forced now, because of these circumstances, to sell his property. So, we would respectfully ask that you consider the mitigation. He does have a pending sale, but he can't proceed, you know, without it. Vice Chair Carollo: Okay, if I may ask through the Chair. The violations they were there before were the ones and only the ones that you cited, that he hadn't gotten his CU (Certificate of Use) for the building. Mr. Nemons: Well, there're multiple, sir. There were -- Vice Chair Carollo: Okay. Mr. Nemons: -- there was the one for the building, commercial building not having a certificate of use and BTR, and then we cited several of his tenants. He had -- as he City of Miami Page 57 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 said, he had the 1lth Street Takeout that didn't have a BTR or CU. There was a Fresh -- Vice Chair Carollo: Was that -- the 11 th Street Takeout, was that part of the people that he leased to that they're in court in? Mr. Nemons: Yes, sir. Commissioner Reyes: They couldn't get it. Vice Chair Carollo: Okay. Mr. Nemons: Yeah, these are all his lessees. Vice Chair Carollo: Yeah. Mr. Nemons: There was the Fresh and Nice Caribbean Restaurant. They could not get a certificate of use and a BTR either. And then there was Healthy Island, Inc. I don 't know what that one was. And they attempted to get a CU and a BTR on three different occasions. Vice Chair Carollo: Okay. So, the -- Mr. Urolland: The same tenant. They changed their name. Vice Chair Carollo: Yeah, well, it's the same tenant, but I understand there 's different leases. But what I'm hearing is, is that this is not that this man was out there like some that we 've had before us before or others that we haven't had before us doing all kinds of work for hundreds of thousands of dollars and illegal construction. He got caught and then that's the problem why they couldn't get it. Mr. Nemons: Yes, sir. You 're correct. Vice Chair Carollo: And I want to make sure we're laying the groundwork because there are numerous others out there that are going to come crying with alligator tears, but it's not going to be the same reason that they're presenting to us here today. It's going to be for reasons that no way in the world am I going to be looking to give them any kind of a break. Here's the case. Look, your building -- and I was trying to find out on the taxes myself here, but your building is how many square feet? Arthur Fogel: A total -- Vice Chair Carollo: Approximately. Mr. Fogel: It's -- Todd B. Hannon (City Clerk): Sir, sir, if you could speak on the -- in the microphone, please. Mr. Fogel: It's approximately 2,000 square feet, a thousand bottom, a thousand top. Vice Chair Carollo: Okay, it's a small building. Mr. Nemons: Yes, sir. Vice Chair Carollo: It's a small lot, I would imagine. City of Miami Page 58 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Mr. Fogel: Yes, sir. Vice Chair Carollo: Do you own any other properties in the City now? Do you own any other properties? Mr. Fogel: Yes, sir. Vice Chair Carollo: What properties do you own? Mr. Fogel: 7318 Northwest 7th Ave and 700 Northwest 74th Street. Vice Chair Carollo: Okay, and what are those properties? Chair King: Please speak into the mic. He cannot hear you. Vice Chair Carollo: What -- Mr. Fogel: You want me to repeat the address? Chair King: Yes, please. Mr. Fogel: 7318 Northwest 7th Avenue, Miami, 33150, 700 Northwest 74th Street, Miami, 33150. They're adjoining, they're assembled. Vice Chair Carollo: Right, and what are those properties? Mr. Fogel: A pawn shop and a duplex. Vice Chair Carollo: Okay. Does he have any problems in those? Mr. Nemons: I don't -- I don't -- I'm not aware of his other properties, sir. I would have to do some research and get back to you, but I can -- Vice Chair Carollo: Okay, well, he -- Mr. Nemons: -- get those properties for you. Vice Chair Carollo: Have you had any problems in those? Mr. Fogel: I've owned that property for 33 years, so over the time, I've had some issues, but nothing ever real serious. As of right now, no problems, Chairman Carollo. Vice Chair Carollo: And look, it's obvious to me that this is not a rich man. This is not a guy that's out there trying to constantly spin properties. He's living there himself. And I will give him the benefit of the doubt that he might not have known that he had to get that CUfor the building -- Chair King: Chair. Vice Chair Carollo: -- on top and -- yes? Chair King: This property is in my district. Vice Chair Carollo: Yeah. City of Miami Page 59 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Chair King: I'm quite familiar with the issues of this property. Sir, did you say you had a restaurant in your property, Healthy Island? Mr. Fogel: Yes. It has your picture in the window. Mr. Hannon: Sir, make your comments on the mic. Mr. Fogel. Chairwoman King, yes. It's the one with -- I know you visited there, and I know you know Mr. Johnson and it has your big picture in the window. Chair King: Right. Mr. Fogel: Yes. Chair King: That business owner, his business was disrupted. He is now out of business because he could not get a CU or a BTR as stated in his lease, and then he was sued to get out of the property because he couldn't get a CU or a BTR, but he never could have gotten a CU or a BTR because the property owner didn't do what he was supposed to so that the tenants could get -- Vice Chair Carollo: That's clear to me, and that's where I was going next. The reason -- Chair King: So, it is my position -- Vice Chair Carollo: Yeah. Chair King: -- because this is a situation where I consider the owner to be a bad actor. Two businesses were put out of business because they had to get out of the property. They were one -- the cellphone operator that fixed cellphones, he was just evicted and left. And Mr. Martin has lost his business, which we can't afford to have and of no fault of their own could they not obtain the necessary paperwork to operate their businesses legitimate, although they were -- entered into a lease, said that they would have a lease for "X" amount of years to operate their business. Vice Chair Carollo: Well, it's very clear to me, Chair, that he is at fault for whatever happened to those tenants. There's no way they could have gotten a CU or BTR if he didn't have that. Now, what makes me wonder is, obviously, maybe in the beginning, I'll give him the benefit of the doubt that he didn't know. But obviously, the tenants had to let him know, "Hey, listen, we can't get this for these reasons. You are the one that has to clear this first so we could get our BTU, our CU and BTR. " And that didn't happen, apparently. So, he's at fault, and then what I'm hearing is that he's selling the property. Now, obviously, I don't know what he owes on it now, but he's going to sell it for a decent amount. Ms. Mendez: Commissioner, the -- based on your question, the taxes owed are $28,935.35. Vice Chair Carollo: For how many years? Ms. Mendez: It seems -- and I'm not an expert at reading this -- but it seems the 2016, 2015, 2014 -- Vice Chair Carollo: Well, it'll say paid or not if you go on the website. Ms. Mendez: -- 2013 -- right. City of Miami Page 60 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Vice Chair Carollo: That's what I was trying to do before. Ms. Mendez: Right, so it looks -- if -- it says 2022 annual bill, 2021 annual bill, and 2020 annual bill. And when you add that up, it says $28, 935.35. Vice Chair Carollo: Okay. Ms. Mendez: And then it says -- Commissioner Reyes: Just a question. Ms. Mendez: -- add to cart to pay so -- Commissioner Reyes: Just a simple -- Ms. Mendez: -- that's the amount. Commissioner Reyes: -- simple question. How long -- I mean, how many years you have to be in arrears for your taxes to be sold and the --? Vice Chair Carollo: Three years. Commissioner Reyes: Three years? Vice Chair Carollo: Yeah. Ms. Mendez: It's three years normally, but normally what happens is people have to buy the tax certificates -- Vice Chair Carollo: Yeah. Ms. Mendez: -- and it doesn't look like anyone's purchased them yet -- Vice Chair Carollo: Chair -- Ms. Mendez: -- to force the sale. Vice Chair Carollo: -- what is the will of the Chair? Chair King: It is my recommendation to request 25 percent of the total amount of liens. I would -- Vice Chair Carollo: I think it's a fair amount. Commissioner Diaz de la Portilla: I move it. Chair King: -- I would -- my instinct says to ask for it all because businesses were hurt, businesses were put out of business and they -- Commissioner Diaz de la Portilla: I will -- Chair King: -- invested in the community, they put their hard-earned work -- the restaurant established a following in that -- and they just had to shutter -- Commissioner Reyes: Is that your --? Chair King: -- with no consideration. So, I -- City of Miami Page 61 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Commissioner Reyes: Is that your motion? Chair King: -- my motion is for -- Commissioner Diaz de la Portilla: Well, you can't make a motion but I'll make it for you, 25 percent, what you recommend. Chair King: 25 percent. Mr. Urolland: Madam Chair. Vice Chair Carollo: I second that. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: So you have a motion. Chair King: We got a motion and a second. Mr. Urolland: Madam Chair. Chair King: (UNINTELLIGIBLE). Mr. Urolland: I -- we would like an opportunity to address your remarks, please, factually speaking. Commissioner Diaz de la Portilla: I think -- Chair King: Go right ahead. Commissioner Diaz de la Portilla: -- I think you would -- you should quit. I think 25 percent is fair. Mr. Urolland: Sir, no 25 percent, his sale fails, he stays, the property's empty. Commissioner Diaz de la Portilla: Okay. Mr. Urolland: And he'll suffer, but -- and the lawsuit continues. However, I do want you all to have the benefit of the true and accurate facts, please. Vice Chair Carollo: He has the right to -- Commissioner Diaz de la Portilla: Yeah, I understand. Vice Chair Carollo: -- to answer. Go ahead, sir. Mr. Urolland: First of all, the fact that he complies with the law and has always tried to comply with the law is obvious from his record. And he -- you know, he got his 50- year in 2021. He's invested a lot of money in his property, roof electric, everything. Now, why he would want to have a tenant who's not paying rent, who's not paying utilities, and why he would want to have a $250 a day fine running on him when he's not having a tenant, he's paying lawyers to try to get rid of the tenant. If this was a property he could have solved -- problem he could have solved, he would have solved it. I would have helped him solve it. He -- there was no way, as long as the tenant City of Miami Page 62 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 was there, no CU -- that -- and that's what he was cited for. That's what this fine is about if you look at the citation. So, I mean, it defies logic and we, respectfully, again, ask that you -- I mean, the person who's invested in the neighborhood is this gentleman, Mr. Fogel. And he -- for 25 years, and he -- it's a good building. He works hard for it. he lives there himself and his tenant, obviously, a supporter of Ms. King -- they've got her picture in the window -- not paying the rent, not paying the utilities -- Commissioner Reyes: But that's not what we're asking. We're asking -- that's right. Mr. Urolland: It's all a matter of record. Commissioner Diaz de la Portilla: That 's irrelevant. Mr. Urolland: I have the whole court file. Vice Chair Carollo: But did he take care -- look, I'll be very frank with you. if I would have rented a place from him and I'm told, after I invest money in fixing it up, I go to the City to get my CU and BTR, and I'm told, we can't issue it to you because your landlord in the building needs this and he hasn't gotten it. You know what, I wouldn't pay rent either until he would resolve that. Mr. Fogel: Please. Mr. Urolland: Mr. Vice Chairman, that is exactly not what happened. And I'd ask him to testes -- Vice Chair Carollo: Okay. Mr. Urolland: -- under oath here today and put the facts on the record. Chair King: Be careful. Mr. Urolland: That's okay. Chair King: Be careful. Mr. Fogel: Okay. Well, first, I'd like to say I've had two, the 40-year, and most recently, the 50-year recertification. Upon the 50-year recertification, I had to redo the whole electric, everything from the pole and -- everything. So, no -- Mr. Urolland: Talk about the BTU. Talk about the certificate of use. Mr. Fogel: Oh, the -- well, the certificate of use is on the tenant for whatever business they're going to put in there. My business -- my building was legit. I received a certificate of occupancy and my 50-year recertification. Electric could get hooked up. I could go back into the building. When they did my 50-year recertification, it was for upstairs as well as downstairs. I was a hundred percent legit and on time, and then I put it for rent. The cellphone, which moved in and -- the cellphone company and Mr. Johnson both -- they got their -- Mr. Johnson got a state license. He got his County license but refused to get the City license because he didn't want to go through and get permits to do what he had to do on the inside. He said it was my responsibility. That's exactly what happened. It is zoned -- it's zoned for -- it's very liberal zoning over there. And he just refused to apply for his certificate of use and his business tax license because he didn't want to get permits for the work that he was starting on the inside of the place. City of Miami Page 63 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Chair King: Mr. City Attorney, is that property zoned for restaurant use? Ms. Mendez: I wanted to clam -- I'm sorry, I wanted to clarify for the record Mr. Nemons is the assistant director of Code Enforcement. Chair King: Oh. Ms. Mendez: He's not an assistant city attorney, though we would love to have him. Chair King: Okay. Mr. Nemons: I thought Madam Chairwoman was addressing you, Madam City Attorney. Ms. Mendez: Thank you. Mr. Nemons: Yes, ma'am. Chair King: Is the property zoned for restaurant use? Mr. Nemons: The property is in a multiuse area, so I'd have to -- I'd have to -- Chair King: But is it -- Mr. Nemons: -- look and see exactly what it's zoned for, but it -- there can be commercial use there. Vice Chair Carollo: Chair. Chair King: I am quite familiar with the facts of this case and I stand with my recommendation of 25 percent. Vice Chair Carollo: I hear that and -- Ms. Mendez: Madam Chair, if we could just ask is there an offer that the applicant was willing to offer the board? Chair King: They've -- they made an offer of 5 percent. Ms. Mendez: Okay, thank you. Mr. Urolland: And we would be certainly satisfied with the 10 percent that, you know, that, as a matter of practice, the Commission has levied in the past. I do believe -- Commissioner Diaz de la Portilla: I think that's been clarified, and I think there's a motion on the table and a second -- Vice Chair Carollo: There is a motion. Commissioner Diaz de la Portilla: -- for 25 percent. Vice Chair Carollo: Yeah. My last -- Commissioner Diaz de la Portilla: So, I call the question. City of Miami Page 64 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Vice Chair Carollo: -- my last question to leave it for staff on the record, he 's talking about the 40, 50 years, but the bottom line is, did he have a CU, BTR? Mr. Nemons: No, sir, he did not have a CU or BTR. Vice Chair Carollo: And that's the reason that those establishments could not get theirs. Mr. Nemons: That is correct, sir. Vice Chair Carollo: Okay. Mr. Nemons: That's one of the main reasons. Vice Chair Carollo: Okay. Chair King: Motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Mr. Hannon: As amended. Vice Chair Carollo: As amend -- well, as amended, $25, 000 -- 25 percent, rather. Chair King: 25 percent. Ms. Mendez: Just to clam 25 percent of the -- Vice Chair Carollo: Hundred -- Ms. Mendez: -- $105, 750 amount? Vice Chair Carollo: Correct. Ms. Mendez: Okay, thank you. Commissioner Diaz de la Portilla: That 's the total -- that's the total amount? Ms. Mendez: $105, 750 is the total lien amount so the -- Commissioner Diaz de la Portilla: Yes. Ms. Mendez: -- payment will be 25 percent of that. Commissioner Diaz de la Portilla: Okay, yes. Ms. Mendez: Thank you. Chair King: We have -- Commissioner Covo, would you like to take up --? Mr. Urolland: Thank you very much. Chair King: Thank you. City of Miami Page 65 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 RE.10 13782 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING THE OFFICIAL INTENT OF THE CITY OF MIAMI ("CITY") TO ISSUE BOTH TAXABLE AND TAX- EXEMPT GENERAL OBLIGATION BONDS, IN ONE OR MORE SERIES, PAYABLE FROM AD VALOREM TAXES PROVIDED THAT THE CAPITAL PROJECTS DEBT MILLAGE NOT EXCEED THE RATE OF 0.5935 MILLS IN ACCORDANCE WITH THE NOVEMBER 7, 2017 BOND REFERENDUM APPROVED BY THE VOTERS, IN AN EXPECTED NOT TO EXCEED TOTAL MAXIMUM PRINCIPAL AMOUNT OF ONE MILLION, FOUR HUNDRED SIXTEEN THOUSAND, EIGHT HUNDRED EIGHTY AND 00/100 DOLLARS ($1,416,880.00) (COLLECTIVELY, "LIMITED AD VALOREM BONDS") IN ORDER TO, AMONG OTHER THINGS, REIMBURSE THE CITY FOR FUNDS ADVANCED BY THE CITY FOR CERTAIN EXPENSES INCURRED WITH RESPECT TO CAPITAL PROJECTS TO BE UNDERTAKEN BY THE CITY TO REDUCE FLOODING RISKS AND IMPROVE, PARKS, CULTURAL FACILITIES, STREETS, AND INFRASTRUCTURE, ALL AS INDICATED IN THE ATTACHED PROJECT LIST IN EXHIBIT "A," ATTACHED AND INCORPORATED; ESTABLISHING CERTAIN RELATED DEFINITIONS OF TERMS; AUTHORIZING CERTAIN FURTHER AND INCIDENTAL ACTIONS BY THE CITY MANAGER IN CONSULTATION WITH THE CITY ATTORNEY, BOND COUNSEL, DISCLOSURE COUNSEL, FINANCIAL ADVISOR, CHIEF FINANCIAL OFFICER, FINANCE DIRECTOR, BUDGET DIRECTOR, AND SUCH OTHER APPROPRIATE OFFICERS, EMPLOYEES, AND AGENTS OF THE CITY AS THE CITY MANAGER DEEMS NECESSARY, ALL AS REQUIRED FOR PURPOSES OF SECTIONS 103 AND 141-150 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND FOR COMPLIANCE THEREWITH; FURTHER AUTHORIZING RELATED AMENDMENTS TO THE CITY'S MULTI -YEAR CAPITAL PLAN AS NECESSARY. ENACTMENT NUMBER: R-23-0177 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number RE.10, please see Item Number 1. City of Miami Page 66 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 RE.11 13788 Commissioners and Mayor RE.12 13508 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE MIAMI FOR EVERYONE ("MFE") PROGRAM, APPROPRIATING FUNDS IN AN AMOUNT NOT TO EXCEED FORTY-SIX MILLION AND 00/100 DOLLARS ($46,000,000.00), AND APPROVING MFE PROGRAM GUIDELINES, FUNDING REQUEST FORM, TEMPLATE AGREEMENT, AND EXHIBITS, IN SUBSTANTIALLY THE FORMS ATTACHED AS COMPOSITE EXHIBIT "A"; CREATING THE MIAMI FOR EVERYONE SPECIAL REVENUE FUND; AUTHORIZING THE CITY MANAGER TO UPDATE, FROM TIME TO TIME, SAID FORMS, PROCESSES, AND AGREEMENT(S), TO ENSURE THE PROPER UTILIZATION OF PUBLIC FUNDS, WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0178 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number RE.11, please see Item Number RE. _S. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN INTERLOCAL AGREEMENT ("AGREEMENT") WITH MIAMI-DADE COUNTY, FOR THE REIMBURSEMENT OF COUNTY FUNDING TO THE CITY OF MIAMI, FROM A COMBINATION OF FUNDING FROM THE COUNTY DEVELOPMENT TAX FUNDS IN AN AMOUNT NOT TO EXCEED FIVE MILLION DOLLARS ($5,000,000.00) AND CULTURE AND EDUCATION FUND PROJECT 291 OF THE BUILDING BETTER COMMUNITIES BOND PROGRAM, IN AN AMOUNT NOT TO EXCEED FIFTEEN MILLION, FIVE HUNDRED THOUSAND DOLLARS (15,500,000.00), FOR A TOTAL AMOUNT NOT TO EXCEED TWENTY MILLION FIVE HUNDRED THOUSAND DOLLARS ($20,500,000.00), FOR THE CONSTRUCTION OF THE HISTORIC VIRGINIA KEY BEACH PARK TRUST MUSEUM PROJECT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL RENEWALS, EXTENSIONS, MODIFICATIONS, AND AMENDMENTS TO THE AGREEMENT, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0179 City of Miami Page 67 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number RE.12, please see Item Number RE.1 and "Public comments for all item(s) in the agenda." END OF RESOLUTIONS City of Miami Page 68 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 SR - SECOND READING ORDINANCE SR.1 ORDINANCE Second Reading 13392 AN ORDINANCE OF THE MIAMI CITY COMMISSION, PURSUANT RESOLUTION NO. R-22-0340, ADOPTED ON SEPTEMBER 13, City Manager's Office 2022, AND RESOLUTION NO. R-22-0423, ADOPTED ON OCTOBER 27, 2022, AMENDING CHAPTER 40/ARTICLE IV/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEE'S AND SANITATION EMPLOYEES' RETIREMENT TRUST," MORE PARTICULARLY BY AMENDING SECTIONS 40- 255, TITLED "BENEFITS," INCREASING THE DROP PARTICIPATION TO (84) MONTHS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14161 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Carollo, Diaz de la Portilla, Covo, Reyes ABSENT: King Vice Chair Carollo: The -- let's go to the first item that we have for the afternoon. SR.1 is the Chapter 40, seven-year DROP (Deferred Retirement Option Plan). Commissioner Reyes: Move it. Vice Chair Carollo: It's moved by Commissioner Reyes. Commissioner Diaz de la Portilla: I'll second it. Vice Chair Carollo: Second by Commissioner Diaz de la Portilla. Victoria Mendez (City Attorney): Vice Chairman, I need to read the title into the record. Vice Chair Carollo: Yes, you do. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Carollo: Okay, all in favor, signify by saying "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Commissioner, SR.1, aye? Commissioner Reyes: Aye. City of Miami Page 69 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Vice Chair Carollo: Okay, it passes unanimously. END OF SECOND READING ORDINANCE City of Miami Page 70 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 13784 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of the City CHAPTER 39/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, Attorney FLORIDA, AS AMENDED, TITLED "PEDDLERS AND ITINERANT VENDORS/SIDEWALK AND STREET VENDORS," TO PROVIDE FOR THE ALLOWANCE OF STATIONARY VENDORS ONLY IN APPROVED VENDING DISTRICTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Carollo, Diaz de la Portilla, Reyes ABSENT: King, Covo Commissioner Reyes: (INAUDIBLE) for us to take -- I mean, you seen this framed picture. Vice Chair Carollo: Absolutely. Can we do it right after these two, before we go to the PZ (Planning and Zoning) ? Commissioner Reyes: Yes, okay, just to take a picture with you guys and -- Vice Chair Carollo: Well, that is something beautiful that you did, and I'll talk about it in a minute when we get to it, but it's beautiful. Commissioner Reyes: Well, let me tell you, I did -- thank you all for your support and the -- everybody that was there was very happy and it was very emotional, very emotional, okay. Vice Chair Carollo: Okay, so we now go to the FR (First Reading) items that were left from the morning agenda, FR.1 and FR.3. Commissioner Reyes: Mr. Chair. Vice Chair Carollo: Yes. Commissioner Reyes: If I can get clarification on FR.1. Vice Chair Carollo: Yes, on FR.1, the Commissioner wants clarification and the -- Commissioner Reyes: One thing that, as I stated during our agenda prep, my only concern is that we have sometimes people that, for many years, they had had their little stand or in a -- in the neighborhoods. You have it a lot in your -- and I have them also in Flagami and other areas, that they just stop -- for example, on 49th Avenue, there is a man that have been there on 52nd Avenue -- 52nd Court, that he goes and he has the -- I mean, he sells just -- he sells avocados. City of Miami Page 71 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Vice Chair Carollo: But what we're talking about here, Commissioner, is -- Commissioner Reyes: Yes. Vice Chair Carollo: -- stationary vendors, not moving vendors. The -- Commissioner Reyes: But they are stationary. They are either sitting on a -- on their cars or -- Vice Chair Carollo: Well, the problem here is that we've always had and welcome moving vendors, so they got to keep moving. But stationary is if they're going to have maybe a car that's just parked and they're going to be sitting in the car, they're going to be coming and picking their corner out and be doing that, I will tell you that I have seen in the last few weeks -- and I don't know why -- in five plus years since I've been back, I never seen it before -- out of the blue, scores of vendors from selling shoes to what have you -- Commissioner Reyes: No, that is different. That's different. Vice Chair Carollo: -- that are becoming stationary and taking over even areas of a sidewalk where people can 't even go. And this is what this is about. Commissioner Reyes: And that's on 8th Street. Vice Chair Carollo: Yeah, on 8th Street. Commissioner Reyes: Okay, but that will be -- Vice Chair Carollo: And in other parts. Commissioner Reyes: -- that will be not in the neighborhoods. That will be in commercial districts, commercial areas, you see, for example, because that is unfair competition for those (UNINTELLIGIBLE). Vice Chair Carollo: Well, it's more than unfair competition, and you're right, it is unfair competition for people that are paying a tremendous -- Commissioner Reyes: Amount of money. Vice Chair Carollo: -- amount on a lease -- Commissioner Reyes: Okay. Vice Chair Carollo: -- like you know that they have to pay there. But it's also a quality of life issue, how our city is looking. There have to be rules and regulations for people to follow. You just can't decide that, hey, I got shoes. I got avocados. I got jewelry that I want to sell, and I want to pick this corner or that corner and -- Commissioner Reyes: You know the danger is also because, I mean, if we do it -- a blanket prohibition, you see, sometimes you find and you see a person that has an avocado tree in his backyard, and they bring a little -- because what I don't want is those people to be fined. Vice Chair Carollo: Yeah, but we 're -- yeah. Commissioner Reyes: And brings a little table and he sits and he 's selling avocado. City of Miami Page 72 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Vice Chair Carollo: We're not talking about that here. We're talking about the main thoroughfares. We 're talking about -- Commissioner Reyes: Okay, that's what I want to know. Vice Chair Carollo: -- stationary -- Commissioner Reyes: If it is main thoroughfares, that is fine, okay. Vice Chair Carollo: I don't mind if we include and make it clear that this is for the main thorough -- commercial -- fares in the city. Could that be done that way, Madam City Attorney? Victoria Mendez (City Attorney): So, the reason for the clarification is that vending -- stationary vending is only allowed in vending districts. That was the clarification. That's how it always should have been. That's how it was originally written, and we only have right now two vending districts. Vice Chair Carollo: Okay. Ms. Mendez: I think the best solution would be to create additional vending districts if that is something that would be -- Vice Chair Carollo: We could always come back if you ever want to do that, so is that clarified it's for the two -- Commissioner Reyes: It's for the two vending districts only. Vice Chair Carollo: Well, it's that we're clarifying that it's -- we only have two vending districts -- Commissioner Reyes: Yes. Vice Chair Carollo: -- where this -- Commissioner Reyes: Yes, and -- Commissioner Covo: No, Vice Chair. They're going to be -- after the -- they're going to be more requests for more vending districts for sure. Like the issue with mine is that we have the markets, like some other cities have, but there's a little bit of controversy at who can be on the markets, if it's public land or private land. We know private land we cannot do anything about it, but we do -- we did get this week complaints about a market that is on private property, but that according to our constituents was actually blocking the sidewalk. So, it's something to just take into consideration for the future. Vice Chair Carollo: Yeah. Commissioner Reyes: Yeah, but I still -- I'm still a little confused. We have only two vendors -- Ms. Mendez: Right, so we only have two vending districts in the city. Commissioner Reyes: Then everybody is out of -- I mean, is breaking the law. Ms. Mendez: When they stand in the middle of a public right-of-way with a table, yes. City of Miami Page 73 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Commissioner Reyes: And that means that the middle or on the swale? Ms. Mendez: They're not supposed to be in the Swale. They're not supposed to be on the sidewalk. They can only be in those -- Commissioner Reyes: The sidewalk, et cetera. Ms. Mendez: -- locations in a vending district in a -- Commissioner Reyes: What I -- I know that we going to affect some people that they are honestly making a living, you see, and I -- they've been doing that for a long time. Ms. Mendez: They can be on private property, though. Commissioner Reyes: No, it's not on private property when they -- they are doing it on the swale. And I can tell you -- name three or four. I know what Commissioner Carollo's going through, and I am totally opposed to that. I'm totally opposed to that, but we have to have -- what I want is a little bit of -- I don 't know how we can change this in a way that we don't get our police to be after everybody that is -- people that have been doing it. Vice Chair Carollo: Commissioner -- Commissioner Reyes: And I don't want anybody in my district selling shoes, you see, or anything. I want -- I don't want anybody in my district be selling anything but what they been selling all along, which is bananas and lemons and just fruits, you see. And I don't want anybody that owns a free in the backyard that if they bring out a little table and they start selling it like is done all over the county, that they are going to be fined for that. Ms. Mendez: Right, so normally you can do that with just a special permit that you get from the old NET (Neighborhood Enhancement Team). I don 't know now -- I believe it's through the Manager's Office that if you want to sell your (Comment made in Spanish not translated), your lemons, your mamay from your backyard, you get a little permit. I don't even think we charge for it and -- Vice Chair Carollo: No. Ms. Mendez: -- and then they -- Commissioner Reyes: No, we don 't charge them. Ms. Mendez: -- you're able to do that when you do those seasonal things. This is just a use of the right-of-way for these stationary things. Commissioner Reyes: But stationary, that also could be if a person has a van and it is on 4th Street, you see, on 4th Street and 15th Avenue for example, and it is selling there, and it spends two hours there and then moves to 5th Street. That's not stationary anymore because it moved. Ms. Mendez: Right, so what you're explaining there is normally what a normal peddler's license is and Police would be the best ones to explain this. But normally what happens is they sell -- they sell their items and then they keep on moving when Police tells them to. And the other thing is that you can maybe think of a process where Police just gives a notice. Listen, you've been here too long, this or that, move to another location to sell, and then that could resolve the issue. City of Miami Page 74 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Commissioner Reyes: I'm torn between two ideas here. I agree that we cannot allow people, for example, in 8th Street where there 's a lot of stores and a lot of businesses or 17th Avenue or Flagler Street, I mean, a peddler or the people selling the same -- even if it is not the same product but people that are using the sidewalk to -- as vendors, you see. I don't agree with that. But at the same time, I do understand and that -- it has been -- the philosophy has been from years past is that you look the other way when you see all those -- an old man that is trying to subsidize his minute Social Security check by selling oranges and by selling -- Vice Chair Carollo: By selling clothes, by selling shoes. Commissioner Reyes: No, selling shoes -- I'm saying no. Vice Chair Carollo: By selling used furniture. Commissioner Reyes: No, no, no, no, no. You got the worst of the kind, man. I don't know. You're selling -- those I am against, those I'm against. Vice Chair Carollo: Look, I don't know of a single case in 40 plus years -- and I'm hitting 50 -- since I've been active in the City that anyone has gotten cited in the City for selling in front of their home, mangoes, avocado, back when -- before they cut down all our oranges and our Persian limes when we saw the whole murder. Commissioner Reyes: If you are going to enforce this to the fullest, you will be able to do it. That's what I'm afraid of. Vice Chair Carollo: But even today, what is the process if someone wants to sell their -- from their home? They still have to do a process. Ms. Mendez: Right, we have -- through NET -- it was -- Vice Chair Carollo: And we're not changing anything. Ms. Mendez: -- through NET. I don 't know who does it now. Vice Chair Carollo: Yeah. Ms. Mendez: It's very similar to like the garage sale permits that we get. You could have them a couple times a year. It's for free. Vice Chair Carollo: And so, we're not changing anything by this changing this ordinance from what we have now. It's still going to have the same process now. What we're going to make sure that -- and tell all our major business in commercial areas -- Commissioner Reyes: I agree with you a hundred percent, but I mean, we have to make a distinction from some way that if it is possible -- I know the City Attorney doesn't want to do it like that, but I think it's very doable to have a little exception that i'it is not -- Vice Chair Carollo: Right now, all that I could tell you is that I've had what I think is a coordinated invasion -- Commissioner Reyes: Yes. City of Miami Page 75 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Vice Chair Carollo: -- into 8th Street. And when you get about 15 different vendors that all of a sudden are coming all at one time, that's never happened before, I have to call it coordinated. Commissioner Reyes: Can --? Vice Chair Carollo: And I've had merchants that the City Administration has spoken to, numerous of them complaining on how they're taking over their sidewalk, the amount of money they're paying for rent and this is happening, and this needs to be resolved. Commissioner Reyes: Absolutely. Vice Chair Carollo: Because it's going to spill more and more into other areas. I don't see any changes that this is making right now from what we have established. For years, we've been looking, like you said, the other way and the guy selling the mango, selling the avocado even though if they had the slightest code problem in their home, those are the people that get hit, not others that have commercial property. So, I need to bring this up and down so we could see if we could have changes. If there's anything else that you want to fry to bring in that can more define what you're frying to do, if it could be done beyond of what the law says, we have already -- then we do it. Commissioner Reyes: We have (UNINTELLIGIBLE) you cannot sell when you're competing with established businesses. I mean -- Ms. Mendez: So, if this -- Commissioner Reyes: That you can't get a license because those people -- listen, those people that now -- that now they are -- and you know them because you've seen them and you've bought from them when you used to live in -- before you became rich and moved out of my neighborhood, you see. Yes, she used to go -- she was one of the -- I saw you. I saw you buying from the old man, okay. Now, before -- you know who I'm talking about. You know the people that I'm talking about, you see. They have the license. You know they have license? Ms. Mendez: Yeah, because it's legal for them -- it is legal for them to sell the (Comment in Spanish not translated) and the stuff. After they make the sale, they keep on moving. And we can ask the chief -- Commissioner Reyes: Hey, you didn't tell this man -- old man ever, "You got to move." Ms. Mendez: Well because -- Commissioner Reyes: You went there and you know where he was every day. Ms. Mendez: Understood, but he actually can move. He can get out of the area. Commissioner Reyes: Yeah, and now you're creating a big problem to a big chief over there because now his police have to come after these other people and they will have to cite them because I have seen it, you see. Ms. Mendez: So, the chief can explain that normally when there's a peddler -- Commissioner Reyes: Normally, normally. City of Miami Page 76 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Ms. Mendez: -- selling things, they're told, "Listen, you got to move. You can't stay," whatever. So, they're given the opportunity to move before they're ever -- Commissioner Reyes: Okay, they can move. Ms. Mendez: -- arrested. Commissioner Reyes: They can move a block on that side. They moving. Ms. Mendez: They're moving, exactly. Commissioner Reyes: I don't know, man. It scares me, but okay, let's -- Ms. Mendez: How about this? Can we fry it and if it doesn 't work, we amend it? Commissioner Reyes: Okay, I'll go for -- as far as that because let me tell you something and I want to make this perfectly clear. I understand what is going on on District 3 and in other areas, not only District 3, you see. It is -- particularly, it is in District 3 but it's also in your district, in your disfrict. I don't have that on Flagler Sfreet or 8th Sfreet, but in your disfrict, I've seen it, and I've seen it in your district. So, I'm going to go along now, but if it is -- I mean, if I see that it goes beyond what we was intended and it's hurting people that they are honestly making a living and subsidizing the minute, as I said before, Social Security check that they have and they cannot do anything else, you see, I think that it is a little bit egotistical on our side since we don't have to do that, you see, because we have a different revenue source, okay? Ms. Mendez: Okay, and then if we can work with your office also to maybe create -- Commissioner Reyes: Yes. Ms. Mendez: -- a vending disfrict in that area or even a farmer's market ability in one of your parks -- Commissioner Reyes: Well, if the farmer's market is going to be the whole district? Ms. Mendez: No, no, in a particular area close to that. Commissioner Reyes: Okay, okay, okay, okay, okay, okay, let's do it. Vice Chair Carollo: Is there a motion? Moved by Commissioner Diaz de la Portilla. Commissioner Reyes: I second. Vice Chair Carollo: Second by Commissioner Reyes. Commissioner Reyes: With that covenant that we 're going to look at -- Vice Chair Carollo: Well, with the statement that you made. Commissioner Reyes: That's right. Vice Chair Carollo: All in favor, signify by saying "aye." Todd B. Hannon (City Clerk): Vice Chair -- my apologies, Vice Chair. Madam City Attorney -- City of Miami Page 77 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Vice Chair Carollo: You know what, hold on, hold on, hold on. Commissioner Reyes: What do you mean, Madam Chair? Vice Chair Carollo: No, hold on. Let me take that back. You made the motion, right? Commissioner Diaz de la Portilla: Yes, sir. Vice Chair Carollo: Okay, here. I second it with no statements that he made. I call the question. Mr. Hannon: Oh, no, no. We just need the title -- Vice Chair Carollo: Yeah, she needs to read it. Mr. Hannon: -- into the record before the vote. Vice Chair Carollo: Go ahead and read it. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Carollo: Just with that, his statement. All in favor, signer by saying "aye." The Commission (Collectively): Aye. Commissioner Reyes: Let me -- Vice Chair Carollo: It passed without his statement. Commissioner Reyes: -- let me tell you this. Vice Chair Carollo: I understand it. Commissioner Reyes: You were called Madam Chair. Vice Chair Carollo: That's okay. I've been called worse before. Commissioner Reyes: I mean, I -- Vice Chair Carollo: If not, I asked Luke Campbell when they went to him to offer him $5, 000 if he would call me worse this and that in an article. Commissioner Reyes: Well, you know, you know, okay, let's try -- Vice Chair Carollo: But I understand, Commissioner -- Commissioner Reyes: No, I'm going to try -- Vice Chair Carollo: -- your concerns. They're mine too -- Commissioner Reyes: Yeah. Vice Chair Carollo: -- because this is done then for the kind of people that you're describing -- City of Miami Page 78 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Commissioner Reyes: Yes. Vice Chair Carollo: -- that we all try to help. Commissioner Reyes: Yeah. Vice Chair Carollo: This is meant for individuals that are being organized by others - Commissioner Reyes: Yes. Vice Chair Carollo: -- they're putting them out there in different places. Commissioner Reyes: You heard that -- you heard that, Mr. Police Chief? Vice Chair Carollo: He understands. Commissioner Reyes: You understand that? Vice Chair Carollo: We haven't had a problem with that in -- Commissioner Reyes: Okay. Vice Chair Carollo: -- at least 50 years in the City of Miami. Commissioner Reyes: Okay. Vice Chair Carollo: I can 't talk for the rest of that. Commissioner Reyes: No, (UNINTELLIGIBLE). I mean, I got you. Vice Chair Carollo: Okay. Commissioner Reyes: I got you, okay. FR.2 ORDINANCE First Reading 13645 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING City Manager's CHAPTER 31/ARTICLE II/SECTION 31-51 OF THE CODE OF THE Office CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX (BTR)/FOOD TRUCKS OPERATING ON PRIVATE LAND," TO PROVIDE FOR PERMANENT FOOD TRUCK ORDINANCE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes City of Miami Page 79 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Note for the Record: For minutes referencing Item Number FR.2, please see "Order of the day." FR.3 ORDINANCE First Reading 13789 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III/SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE/APPLICATION AND EXCLUSIONS," BY AMENDING SECTION 18-72(B) TO EXCLUDE FROM THE REQUIREMENTS OF THE CITY OF MIAMI PROCUREMENT ORDINANCE THE MIAMI FOR EVERYONE PROGRAM AND RELATED ADVERTISING, PROVIDING FOR CERTAIN CONTRACTUAL AND LEGAL LIMITATIONS FOR THIS EXEMPTION AS ARE PROVIDED HEREIN; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Carollo, Diaz de la Portilla, Covo, Reyes ABSENT: King Vice Chair Carollo: Let's go then to FR.3 since we took them separately. Commissioner Diaz de la Portilla: I'll move it. Vice Chair Carollo: Moved by Commissioner Diaz de la Portilla. Commissioner Reyes: Second. Vice Chair Carollo: Second by Commissioner Reyes. Madam City Attorney, can you read the title? Victoria Mendez (City Attorney): This is FR.3. Vice Chair Carollo: FR.3, yes. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Carollo: Okay, all in favor, signify by saying "aye." The Commission (Collectively): Aye. Vice Chair Carollo: It passed unanimously. If I may ask for the -- all the boards and committees possible names that we 're going to make for it to be deferred for a full Commission. Commissioner Reyes: Okay. Vice Chair Carollo: So, ifI could get a motion to defer this. City of Miami Page 80 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Commissioner Diaz de la Portilla: I'll move it. Todd B. Hannon (City Clerk): No motion necessary. We're good. Vice Chair Carollo: Okay, alright, good. Commissioner Covo: So, it's deferred? Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: Yes. Vice Chair Carollo: Yes, for the next meeting for a full Commission. Commissioner Covo: Okay. END OF FIRST READING ORDINANCES City of Miami Page 81 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 BC.1 8938 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AFFORDABLE HOMEOWNERSHIP LOAN PROGRAM TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 82 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 BC.2 13495 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ART IN PUBLIC PLACES BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate At -Large) (Alternate At -Large) NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Christine King Commission -At -Large Commission -At -Large Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN City of Miami Page 83 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 BC.3 11553 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 84 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 BC.4 6672 Office of the City Clerk BC.5 13708 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes RESULT: NO ACTION TAKEN City of Miami Page 85 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 BC.6 13122 Office of the City Clerk BC.7 13408 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Gabriel Paez Civilian Investigative Panel RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commission -At -Large City of Miami Page 86 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 BC.8 6958 Office of the City Clerk BC.9 13711 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE COMPLIANCE TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Sabina Covo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large RESULT: NO ACTION TAKEN City of Miami Page 87 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 BC.10 8804 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN AND QUALITY OF LIFE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN City of Miami Page 88 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 BC.11 12423 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. 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 Sabina Covo Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 89 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 BC.12 5976 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King IAFF FOP AFSCME 1907 AFSCME 871 RESULT: NO ACTION TAKEN City of Miami Page 90 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 BC.13 13125 Office of the City Clerk BC.14 7963 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 91 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 BC.15 13126 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Commissioner Alex Diaz de la Portilla (Citizen — Category 7) Commissioner Alex Diaz de la Portilla (Architect/Architectural Historian - Category 4) Commissioner Sabina Covo (Real Estate Broker — Category 5) Commissioner Sabina Covo (Citizen — Category 7) Commissioner Joe Carollo (Business and Finance or Law — Category 6) Commissioner Manolo Reyes (Architect — Category 1) Commissioner Christine King (Landscape Architect — Category 2) RESULT: NO ACTION TAKEN City of Miami Page 92 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 BC.16 13714 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER ("LGBTQ") ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Christine King Commission -At -Large RESULT: NO ACTION TAKEN City of Miami Page 93 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 BC.17 8269 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S COUNCIL ON GLOBAL COMPETITIVENESS FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN City of Miami Page 94 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 BC.18 8805 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 95 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 BC.19 9270 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI TECHNOLOGY COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN City of Miami Page 96 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 BC.20 13416 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Commissioner Sabina Covo Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 97 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 BC.21 3693 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN City of Miami Page 98 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 BC.22 11273 Office of the City Clerk BC.23 13716 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Sabina Covo RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES City of Miami Page 99 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE First Reading 6608 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE Planning FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, AS AMENDED, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "PUBLIC PARKS AND RECREATION" OF APPROXIMATELY 1.87 ACRES OF A PORTION OF REAL PROPERTY LOCATED AT 5175 AND 5035 NORTHEAST 2 AVENUE AND FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF APPROXIMATELY 24.10 ACRES OF A PORTION OF REAL PROPERTY LOCATED AT 5175 AND 5035 NORTHEAST 2 AVENUE AND ALL OF 5125 NORTHEAST 2 COURT, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item PZ.1 was continued to the May 11, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.1, please see "Order of the day." City of Miami Page 100 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 PZ.2 ORDINANCE First Reading 6117 AN ORDINANCE OF THE MIAMI CITY COMMISSION PURSUANT TO Department of ARTICLES 3 AND 7 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED Planning ("MIAMI 21 CODE"), BY REZONING CERTAIN PARCELS FROM "T5- 0", URBAN CENTER -OPEN, AND "T5-R", URBAN CENTER - RESTRICTED, TO "CS", CIVIC SPACE, AND "T6-8A-O", "T6-8B-O", AND "T6-12-0", URBAN CORE -OPEN, FOR THE DEVELOPMENT OF APPROXIMATELY 25.97 ACRES (1,131,253 SQUARE FEET) FOR THE "SABAL PALM VILLAGE SPECIAL AREA PLAN" ("SAP") GENERALLY LOCATED AT 5175 NORTHEAST 2 AVENUE, 5035 NORTHEAST 2 AVENUE, AND 5125 NORTHEAST 2 COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", CONSISTING OF A PHASED PROJECT DIVIDED INTO A MAXIMUM OF FOUR (4) PHASES WHICH INCLUDE APPROXIMATELY 2,929 RESIDENTIAL DWELLING UNITS, 400 LODGING UNITS, 168,011 SQUARE FEET OF OFFICE SPACE, 296,297 SQUARE FEET OF COMMERCIAL SPACE, 43,760 SQUARE FEET OF SPECIAL TRAINING/VOCATIONAL SCHOOL, AND 4,782 PARKING SPACES; MODIFYING THE TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PARCELS AND WHERE A REGULATION IS NOT SPECIFICALLY MODIFIED BY THE SAP, THE REGULATIONS AND RESTRICTIONS OF THE MIAMI 21 CODE APPLY; THE SQUARE FOOTAGE NUMBERS ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT BUT SHALL NOT EXCEED 5,899,658 SQUARE FEET OF TOTAL DEVELOPMENT AND SHALL CONTAIN A MINIMUM OF 195,272 SQUARE FEET OF CIVIC SPACE AND A MINIMUM OF 248,923 SQUARE FEET OF OPEN SPACE; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item PZ.2 was continued to the May 11, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.2, please see "Order of the day." City of Miami Page 101 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 PZ.3 ORDINANCE First Reading 6118 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163, FLORIDA STATUES, BETWEEN SPV Planning REALTY LC AND THE CITY OF MIAMI ("CITY") RELATING TO THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF NET 22.47 ± ACRES FOR THE SABAL PALM VILLAGE SPECIAL AREA PLAN ("SPV SAP") COMPRISED OF AN ASSEMBLAGE OF PARCELS LOCATED AT APPROXIMATELY 5175 NORTHEAST 2 AVENUE, 5035 NORTHEAST 2 AVENUE, AND 5125 NORTHEAST 2 COURT, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF REDEVELOPMENT OF LAND FOR MIXED USES; AUTHORIZING USES INCLUDING, BUT NOT LIMITED TO, RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, PARKING, AND ANY OTHER USES AUTHORIZED BY THE SPV SAP AND PERMITTED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN — FUTURE LAND USE MAP DESIGNATION AND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item PZ.3 was continued to the May 11, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.3, please see "Order of the day." City of Miami Page 102 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 PZ.4 ORDINANCE First Reading 13319 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "SINGLE-FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE PROPERTY(IES) LOCATED AT 39 NORTHWEST 39 STREET, 40 NORTHWEST 39 STREET, AND 48 NORTHWEST 39 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; 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: Carollo, Diaz de la Portilla, Covo, Reyes ABSENT: King Note for the Record: Item PZ.4 was continued to the May 11, 2023, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number PZ.4, please see "Public comment for all item(s) in the agenda." Vice Chair Carollo: Good afternoon. The afternoon session of the Miami City Commission meeting for today will now begin. We 're sorry we took a little longer, but we were hoping that our chairwoman could be back, but she had a slight procedure that took longer than she thought and we wanted to have a full board for the people that are going to be wanting to have their PZ (Planning and Zoning) items heard. Now, on those individuals that have PZ items, you are entitled to have a full board to hear your items, so if anyone that has a PZ item today would like to have it deferred to a full board, you're entitled to that. Is there anybody that's here for a PZ item that would like it deferred to a full board? Again, anybody that's here today for a PZ item that would like it deferred for a full board. Carlos. Javier Avifio: Good afternoon. Javier Avifio, with law offices at 1450 Brickell Avenue, here on PZ.4 and 5. They are in the chairwoman's district, and so, out of deference to the chairwoman -- Vice Chair Carollo: Okay. Mr. Avifio: -- I will defer. If we can defer to the next -- Vice Chair Carollo: To the next meeting. Mr. Avifio: -- meeting. Vice Chair Carollo: So, PZ.4 -- City of Miami Page 103 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Victoria Mendez (City Attorney): I don't think we can. It would have to be the like meeting because we have to do the new state statutes for notice, sorry. Mr. Avino: There's a requirement for -- Ms. Mendez: For it to be re -noticed. Mr. Avino: For it to be re -noticed even though it's a --? Vice Chair Carollo: Yeah. Ms. Mendez: Yes, unfortunately. Vice Chair Carollo: It's a requirement. Commissioner Reyes: So move. Vice Chair Carollo: Well -- Mr. Avino: Okay, so the first meeting -- the next available agenda -- Vice Chair Carollo: Okay, the next available -- Mr. Avino: -- which is the first meeting in May. Vice Chair Carollo: -- agenda meeting. Before you do, the chairwoman has advised that she also would like PZ.7 to be deferred for the next like meeting, so it'll be PZ.4, PZ.5, and PZ. 7 that will be deferred. It's moved by Commissioner Reyes. Commissioner Diaz de la Portilla: I'll second it. Vice Chair Carollo: Second by Commissioner Diaz de la Portilla. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Vice Chair Carollo: It passes unanimously. Todd B. Hannon (City Clerk): And Chair, just for the record, that'll be the May 11 th City Commission meeting. Vice Chair Carollo: Correct, May 11 th. PZ.8, 9, 10, and 11, whoever's here for those items, there 's no objections that you hear with four members of the Commission, I gather, okay. City of Miami Page 104 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 PZ.5 ORDINANCE First Reading 13320 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3-L" SUB -URBAN TRANSECT ZONE — LIMITED TO "T4-L" GENERAL URBAN TRANSECT ZONE - LIMITED OF THE PROPERTY GENERALLY LOCATED AT 39 NORTHWEST 39 STREET, 40 NORTHWEST 39 STREET, AND 48 NORTHWEST 39 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. PZ.6 13249 Department of Planning MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Carollo, Diaz de la Portilla, Covo, Reyes ABSENT: King Note for the Record: Item PZ.5 was continued to the May 11, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.5, please see Item Number PZ.4 and "Public comment for all item(s) in the agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY PENNY TANNENBAUM OF INTENDED DECISION PW022-247 ISSUED ON NOVEMBER 29, 2022, FOR THE MEDIAN LOCATED ACROSS FROM 1750 SOUTH BAYSHORE LANE, MIAMI, FLORIDA. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item PZ.6 was continued to the May 11, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.6, please see "Order of the day." City of Miami Page 105 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 PZ.7 ORDINANCE First Reading 13541 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 1, SECTION 1.1 TITLED "DEFINITIONS/DEFINITIONS OF BUILDING FUNCTION: USES"; SECTION 1.2 TITLED "DEFINITIONS OF TERMS"; ARTICLE 3, SECTION 3.4 TITLED "GENERAL TO ZONES/DENSITY AND INTENSITY CALCULATIONS"; ARTICLE 4, TABLE 3 TITLED "STANDARDS AND TABLES/BUILDING FUNCTION: USES"; TABLE 4, TITLED "DENSITY, INTENSITY AND PARKING"; ARTICLE 6, TABLE 13 TITLED "SUPPLEMENTAL REGULATIONS"; AND ARTICLE 7, SECTION 7.2, TITLED "PROCEDURES AND NONCONFORMITIES/NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS," TO ALLOW AND ESTABLISH DEFINITIONS AND REGULATIONS FOR CO -LIVING RESIDENTIAL USES; 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: Carollo, Diaz de la Portilla, Covo, Reyes ABSENT: King Note for the Record: Item PZ.7 was continued to the May 11, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.7, please see Item Number PZ.4. PZ.8 ORDINANCE Second Reading 13453 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA ("MIAMI 21 CODE"), AS AMENDED, BY AMENDING ARTICLE 5, SECTION 5.4.2 OF THE MIAMI 21 CODE, TITLED "BUILDING CONFIGURATION (T4)," ARTICLE 5, SECTION 5.5.2 OF THE MIAMI 21 CODE, TITLED "BUILDING CONFIGURATION (T5)," AND SECTION 5.6.2 OF THE MIAMI 21 CODE, TITLED "BUILDING CONFIGURATION (T6)," TO MODIFY THE REGULATIONS FOR ACCESS POINTS ALONG FRONTAGES IN "T4" GENERAL URBAN TRANSECT ZONES, "T5" URBAN CENTER TRANSECT ZONES, AND "T6" URBAN CORE TRANSECT ZONES, CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14162 City of Miami Page 106 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Carollo, Diaz de la Portilla, Covo, Reyes ABSENT: King Vice Chair Carollo: And we are now, I believe, in PZ.8. Todd B. Hannon (City Clerk): PZs (Planning and Zoning), yes, sir. Vice Chair Carollo: Okay. We're in the PZ items, PZ.8. Zoning -- okay. Is this --? Commissioner Covo: PZ.8 was deferred, Vice Chair. Vice Chair Carollo: Excuse me? Commissioner Covo: PZ.8 -- wasn't PZ.8 deferred? Vice Chair Carollo: Was PZ.8 deferred? Commissioner Covo: No? Vice Chair Carollo: No? No. Commissioner Covo: But it was sponsored by Commissioner King, right? Vice Chair Carollo: If someone would like to defer it, I'll gladly entertain the motion. Victoria Mendez (City Attorney): PZ.8 has to do with modfing the access points so that you can come in through a main thoroughfare versus the neighborhoods. Commissioner Reyes: Yes. Commissioner Covo: Oh, okay. Commissioner Reyes: Yes. This is -- Vice Chair Carollo: Okay. Commissioner Reyes: -- this is mine. Commissioner Diaz de la Portilla: I'll move it. Vice Chair Carollo: Okay. Commissioner Reyes: Second. Vice Chair Carollo: Moved, second. Commissioner Covo: Aye. Vice Chair Carollo: Hearing no further discussion, all in favor, signer by saying "aye." City of Miami Page 107 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Mr. Hannon: And Vice Chair, it is an ordinance. The title may -- sorry. Vice Chair Carollo: Yeah, she got to read it, yeah. Commissioner Diaz de la Portilla: Read the title. Vice Chair Carollo: Go ahead and read it. Madam CityAttorney's slow today. Victoria Mendez (City Attorney): PZ 8. Commissioner Reyes: It was her birthday yesterday. You know it was her birthday yesterday? She went celebrating. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Carollo: Okay, all in favor, signify by saying "aye." The Commission (Collectively): Aye. Vice Chair Carollo: It passed unanimously. PZ.9 ORDINANCE First Reading 12838 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of Zoning ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 7 OF THE MIAMI 21 CODE, TITLED "PROCEDURES AND NONCONFORMITIES," TO PROVIDE FOR THE ISSUANCE OF CERTIFICATES OF USE IN CERTAIN LIMITED INSTANCES WHERE A PROPERTY OR BUILDING ON A PROPERTY IS SUBJECT TO PENDING CODE COMPLIANCE OR BUILDING VIOLATIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Carollo, Diaz de la Portilla, Covo, Reyes ABSENT: King Note for the Record: For additional minutes referencing Item Number PZ.9, please see "Order of the day." Vice Chair Carollo: PZ.9, if you could read the text. Victoria Mendez (City Attorney): PZ.9. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Carollo: Is there a motion? Commissioner Diaz de la Portilla: I'll move it. Vice Chair Carollo: Moved by Commissioner -- City of Miami Page 108 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Commissioner Reyes: Second. Vice Chair Carollo: -- Diaz de la Portilla, second by Commissioner Reyes. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Passed unanimously. PZ.10 ORDINANCE First Reading 13539 Commissioners and Mayor- PZ AN ORDINANCE AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 7, SECTION 7.1.3.7, TITLED "NO APPROVAL AVAILABLE IF CODE ENFORCEMENT VIOLATIONS," TO PROVIDE CLARIFICATION ON THE CIRCUMSTANCES IN WHICH AN APPLICATION SHALL NOT BE SCHEDULED FOR A PUBLIC HEARING NOR ANY APPROVALS BE ISSUED BY THE CITY OF MIAMI ("CITY") IF THE PROPERTY SUBJECT TO THE HEARING OR REQUEST HAS OPEN VIOLATION(S) AND/OR OWES MONIES TO THE CITY AND TO PROVIDE CONSISTENCY WITH SECTION 2-208 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Sabina Covo, Commissioner AYES: Carollo, Diaz de la Portilla, Covo, Reyes ABSENT: King Note for the Record: For additional minutes referencing Item Number PZ.10, please see "Order of the day." Vice Chair Carollo: If you could read the text to PZ. 10. Victoria Mendez (City Attorney): PZ.10. The Ordinance was read by title into the public record by the City Attorney. Commissioner Diaz de la Portilla: I'll move it, Commissioner. Vice Chair Carollo: Moved by Commissioner Diaz de la Portilla, second by Commissioner Covo. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Passes unanimously. City of Miami Page 109 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 PZ.11 ORDINANCE First Reading 12861 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY Planning AMENDING ARTICLE 5, TITLED "SPECIFIC TO ZONES," MORE SPECIFICALLY BY AMENDING SECTIONS 5.5.1 AND 5.6.1, TITLED "BUILDING DISPOSITION," TO CLARIFY THE LOCATION AND DESIGN OF CROSS -BLOCK PASSAGES AND, IN SPECIFIED CIRCUMSTANCES, ALLOW FOR ENHANCED DESIGN ELEMENTS TO BE PROVIDED IN LIEU OF A CROSS -BLOCK PASSAGE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Sabina Covo, Commissioner AYES: Carollo, Diaz de la Portilla, Covo, Reyes ABSENT: King Vice Chair Carollo: If you could read the text for PZ.11. Victoria Mendez (City Attorney): PZ.11. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Carollo: Is there a motion? Commissioner Diaz de la Portilla: I'll move it. Vice Chair Carollo: Moved by Commissioner -- Commissioner Covo: Second. Vice Chair Carollo: -- Diaz de la Portilla, second by Commissioner Covo. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Passes unanimously. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 110 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 NA.1 13860 City Commission NA - NON -AGENDA ITEM(S) DISCUSSION ITEM DISCUSSION BY COMMISSIONER COVO REGARDING FLOODING THAT RECENTLY OCCURRED IN THE CITY OF MIAMI AND THE EFFORTS BEING UNDERTAKEN BY THE ADMINISTRATION TO PREPARE FOR THE UPCOMING HURRICANE SEASON. CRESULT: DISCUSSED Note for the Record: For additional minutes referencing Item Number NA.1, please see "Order of the day," and "Public comment for all item(s) in the agenda." Vice Chair Carollo: Commissioner Covo, I think you had a pocket item that you wanted to discuss. Commissioner Covo: Yes, I wanted to discuss the flooding situation -- Vice Chair Carollo: Right. Commissioner Covo: -- that we experimented [sic] in the past three days. Vice Chair Carollo: Okay, Mr. Manager, do you have staff that's ready to address it? Thank you. Juvenal Santana (Director, Public Works): Good afternoon, good afternoon, Commissioners. I'm going to give IT (Information Technology) a second to come in and get me plugged in. Commissioner Covo: So, if I may say before -- Vice Chair, if I may say -- Vice Chair Carollo: Yes. Commissioner Covo: -- before we begun -- we begin the presentations of the staff we've been getting at my district office a lot of emails as well -- I had my folder here, but you know, it's all public record -- of people, you know, they're suffering -- it's a loss of property that has been lost, cars. We know that it's a difficult situation. We've been experimenting [sic] this for a long time. I think that because in the coastal district as well -- I don't know if you've gotten emails and complaints. I'm sure you've had as well. Vice Chair Carollo: We all get them, but you have the biggest problem because, as you said, you're the coastal district. You're right by the water. In Brickell -- Commissioner Covo: And downtown. Vice Chair Carollo: Yeah, Brickell and downtown and even a little further by the Omni area. Commissioner Covo: So, last night I toured -- and I would love to call it a tour, but it wasn't a tour. It was a disaster. I was extremely shaken by the situation in every sense. I was there out like with my boots at 11:00 p.m. You know I've been a City of Miami Page 111 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 reporter for a long time, so I've seen it, but I -- what I sense is that it's gotten worse and worse. We 're coming into hurricane season. I had the possibility to go and see what happened in Fort Myers during Spring Break for two days. Actually, I took my children. When I saw that, I know that we have a better infrastructure after Hurricane Andrew, but we also know what happened with Irma, and I'm extremely concerned about what could happen this summer. That's why I think that it's important for the City as a whole to get not only what we 're doing, explain it to the public, but also see how we can make things better. Mr. Santana: Alright, absolutely. Good afternoon again. Juvenal Santana, director of Resilience and Public Works. So, I'm going to go through a presentation and just highlight some of the things that had been going on, what we've seen in the last few days and what we do on a regular basis. Alright, so over the last few days -- and more rain is on the way -- we received over seven and a half inches of rainfall with some areas with higher intensity. And we saw what just happened with our neighbors to the north in Fort Lauderdale yesterday with 20 inches of rain. So, more rain is expected, and we did get an unseasonal amount of rain for this time of the year. Last year, we were having a similar discussion, but it was -- we were just starting hurricane season. This year, we 're a couple months -- six weeks early. So, quickly, as far as what we saw and to the point that we saw the -- some of these locations throughout the City, this is just a quick list. We have a larger one of over 50 locations, but this is just to highlight some of the locations that are either recurring hotspots -- the first one on the list, for instance, we have a temporary pump there set up -- and other locations through the City and even locations that are outside of our jurisdiction. So, just for a couple examples, Northeast 23rd Street, we do have a temporary pump set up, and we have that pump -- once it starts raining, it is manned 24 hours around the clock. So long as that road's got water in it, we've got that pump running with folks out there. Obviously, something else that's gotten a lot of attention is Biscayne Boulevard with the I-395 Corridor. A few years ago, there was a massive elicit discharge, there was a lot of erosion that occurred into the bay. So, one of the things I think the DOT (Department of Transportation) went back is that they've restricted the amount of water that they allow to go out into the bay, and at the same time, they're doing some repairs and they have additional stormwater infrastructure that they have planned for the area, one of them being a new pump station. But some of those things will not be in the ground for several years. So, what we -- Commissioner Covo: Can I ask you a question on that one? Mr. Santana: Um-hmm. Commissioner Covo: When we say the project includes a future pump station, is there a way to get a date? Like I've been seeing thatl don't get dates. Mr. Santana: Okay, so -- Commissioner Covo: Like I ask -- I'm like on a timeline. I ask for the timeline and we don't have the timeline. Vice Chair Carollo: It's a valid question that the Commissioner's asking and -- Mr. Santana: So, as far as a timeline -- Commissioner Covo: Approximate, like fall, spring, summer, something. Arthur Noriega (City Manager): Well, but you got to be clear that this is an FDOT (Florida Department of Transportation) project, not -- City of Miami Page 112 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Mr. Santana: Right. Commissioner Covo: No, I know, but -- Mr. Noriega: -- a City project. Commissioner Covo: -- do they give you --? Mr. Noriega: No. So, understand that the original completion date for the -- Mr. Santana: Project. Mr. Noriega: -- for the signature bridge was the end of this calendar year. Mr. Santana: Right. Mr. Noriega: It's now 2027, so they pushed it all the way back, yes. So, there's a lot of infrastructure built into that project that's going to fortunately, hopefully address some of the water issues, obviously. But they don't give us a solid timeline unless you've heard different because -- Mr. Santana: No, what they told us is that it will be completed in a future phase and that the project's scheduled to be completed in its entirety by 2027, so some time between now and 2027 is when that pump station will be constructed. And just -- so that pump that you see there at the bottom, that is a pump that the City installed this week to help deal with that area and keep North Bayshore Drive as dry as possible so that folks that are coming off of 395 have an alternate route to go north if Biscayne Boulevard's closed once they come off of 395 westbound. Just again, currently, we have seven temporary pumps deployed. This is -- these are actual pictures of those pumps at those locations, and we have a few more that are not pictured but are obviously listed. And we have additional inventory of pumps that if we get those complaints, we will mobilize them and bring them out. Commissioner Diaz de la Portilla: How many pumps do you have? Mr. Santana: We have 12 large diameter pumps plus another 3 from the Fire Department and 6 small portable ones. Commissioner Diaz de la Portilla: How many do you need? Mr. Santana: We acquired an additional four last year, so right now with what we have with our inventory and the Fire Department, we have more than enough to cover what we know as our hotspots. Commissioner Diaz de la Portilla: Okay. With the additional ones or the ones you have now? Mr. Santana: With the ones that we 've just acquired. Commissioner Diaz de la Portilla: Just acquired. Mr. Santana: Last year when we were here in June, we were in -- we were in the process of ordering additional pumps, and we did get those. Commissioner Diaz de la Portilla: Why weren't they deployed now? Mr. Santana: I'm sorry? City of Miami Page 113 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Commissioner Diaz de la Portilla: Why weren't they not used now? They were not needed? Mr. Santana: Right now, we haven 't had to deploy all 12 pumps. Commissioner Covo: They're all out, they're all out. Mr. Santana: They are all -- Commissioner Covo: We're using them all. Mr. Santana: No, right now we have -- Commissioner Diaz de la Portilla: No, we 're not. Mr. Santana: -- seven pumps set up. Commissioner Diaz de la Portilla: But why are we not using them? In your estimation, it was not needed? Mr. Santana: Yeah, once -- when we -- many times what's happened is when we go out to a location -- we get the report. Once we get out there, the water's starting to dissipate. So, we will address it. It doesn't necessarily mean that we need to have a pump out there. We can send a Vactor. Maybe it's a maintenance issue, so not every location that has an immediate flood do we need to deploy a pump to. Commissioner Diaz de la Portilla: And what's your response time? Mr. Santana: We are usually visiting anywhere within 24 hours -- Commissioner Diaz de la Portilla: Okay. Mr. Santana: -- so by the next day we 're getting there. Commissioner Covo: Why are you laughing? Commissioner Diaz de la Portilla: Yeah. Vice Chair Carollo: That was going to be my question. Commissioner Diaz de la Portilla: Yeah. Vice Chair Carollo: The water disappeared because you got there two days later. Commissioner Diaz de la Portilla: Yeah, of course. Mr. Santana: No, so just as a rule of thumb, what we consider having extended flooding is a 24 hour period. Like I said, if we have an urgent matter and we have our pumps running, we will send crews out there at any time of the day. Vice Chair Carollo: Look -- Commissioner Diaz de la Portilla: But in seriousness, if there's -- there are more sites than these that you're listing these seven places, right? Because in my district alone, I had seven places. So, I mean, I'm sure citywide you have more than seven locations where you had this flooding, correct? City of Miami Page 114 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Mr. Santana: Correct. Commissioner Diaz de la Portilla: So, what was the delay in deploying all pumps? I mean, why not send it out -- send them all out immediately? Mr. Santana: So, we -- so, some of the locations, once you get there, it's not a matter of resolving it with a pump. We do also have 10 vacuum trucks, so we may sending -- we may send out a vacuum truck and deal with the drainage that does not require us to -- Commissioner Diaz de la Portilla: And how many of those vacuum trucks have you used during this last week? Mr. Santana: We've had 10 vacuum trucks out. Commissioner Diaz de la Portilla: Operating full-time? Mr. Santana: Operating, yes. Commissioner Diaz de la Portilla: They operate 24 hours a day? Mr. Santana: No, they've been operating during daylight hours so -- Commissioner Diaz de la Portilla: Daylight hours. Mr. Santana: Yes. Commissioner Diaz de la Portilla: Okay. Mr. Santana: So, we've had some that are through our contractor and some through our City forces. Commissioner Diaz de la Portilla: Have you done an analysis of -- across the board of a better, more efficient system that maybe has the pumps operating 24 hours or with different shifts or something of that nature, not only daylight hours? Mr. Santana: So, if we have flooding, our pumps do not turn off. We will run those pumps 24 hours a day. Commissioner Covo: So, this morning, Commissioner -- Commissioner Diaz de la Portilla: And the vacuum -- I'm sorry, just one more thing because this is your issue, I know. The vacuum trucks, why do they operate in daylight hours only? Mr. Santana: We got to give our folks some rest. So, we do not -- our operators -- Commissioner Diaz de la Portilla: Right. Mr. Santana: -- we can 't have them working 24 hours and not all -- Commissioner Diaz de la Portilla: Do you have a shortage of operators then? Is that Mr. Santana: We do have a shortage of operators. City of Miami Page 115 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Commissioner Diaz de la Portilla: How short are you? Mr. Santana: We've -- we have an enhancement request for next year for three more that will allow us to have three additional crews. Commissioner Diaz de la Portilla: Okay. Vice Chair Carollo: Well, can --? Commissioner Diaz de la Portilla: Thank you. [Later... f Vice Chair Carollo: Commissioner Reyes. Commissioner Reyes: Yes, let me ask you something. What is the rotation that we have for the vacuum trucks? We have it every two years? Mr. Santana: Right now, we have an average of getting through the entire city every three years. Commissioner Reyes: Every three years. Mr. Santana: Yes. Commissioner Reyes: That -- since day one, I been advocating that we -- maybe we can expand the contract we have with our outside sources so we can do it on a yearly basis. I think that is -- that will keep most of the drainage clean because, as you -- as I know by experience, that sometimes we got areas that they get flooded because the drains are clogged. And another problem that we have and this -- many of my constituents, they have complained, and I know because I have seen it and we all have seen it. It is that every time, every time that the gardeners come to mow the lawn in a neighborhood, what they do, they blow all the leaves and all the -- everything, even the dirt in the street to the drains. And I was asking today the City Attorney if we can do some sort of legislation against those blowers that it be used only to -- I mean, to gather the leaves and to pick them up. But I am very much in favor of a rotation to be -- I mean, make every year, every year and a half instead of every three years. Because in three years, you have a (UNINTELLIGIBLE) a drain, and you clean it today, three years from now, it's going to be clogged, you see. And I -- you have done a great job -- I mean, my district, we have -- we've been working very hard and with your assistance and -- but I still believe that it will make your job easier. And if we need to increase our budget for -- I mean, to -- in order to expand the program, I'm all for it. Vice Chair Carollo: Commissioner Covo. Commissioner Covo: My district needs help. Commissioner Reyes: Yeah. Commissioner Covo: A lot of help. Because what I've identified -- and I'm not an expert. That's why I think that we can work on a plan -- is that, for instance, in Coconut Grove, a lot of the issues are the leaves. That's why it gets clogged. Commissioner Reyes: Yes. City of Miami Page 116 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Commissioner Covo: Downtown, we know that we have the FDOT situation which is complex. Brickell, we don't have seawalls. Morningside -- we experienced it this morning -- there's no seawall. So, at the end of the day, we know how much taxes my district pays. Commissioner Reyes: Yes, we already know. Commissioner Covo: And you know, I'm getting the questioning. Vice Chair Carollo: Well -- Commissioner Covo: To your point, I guess because you're the expert, there are different solutions for each of the neighborhoods, right, of the coastal district. It 's not uniform. Mr. Santana: Yeah, one size does not fit all for sure. Commissioner Covo: So, I would say that I would love to just request some type of plan like what you 're presenting to see what would be ideal before hurricane season, like do you think you can come up with a plan like in 45 days just to be more --? I mean, we know we 're not going to have a seawall in 45 days because we already knew the -- we saw the process this morning. But maybe something that could mitigate it. I'm just extremely concerned for what could come. Commissioner Reyes: Yeah. Vice Chair Carollo: Well -- Commissioner Reyes: We all are. Mr. Santana: We understand that. So, just as we move forward through trying to find solutions, so just one thing that we've discovered in one of the areas that you mentioned, like the Brickell area, and specifically, Mary Brickell Village, we have found that a lot of those buildings, their private stormwater systems are no longer working. So, you can see two pictures right there where they are discharging and pumping water from their buildings onto the public right-of-way. We have found that two main buildings on Mary Brickell Village, all of their wells are free flowing and discharging when it rains and it dumps all the water, so they are not taking care of what they need. So, one of the things that we're looking at is to get these folks to come in and verb with the City that their systems are probably -- because there's no way we can ever build the infrastructure to handle the discharge on private property and ours. Our challenges are big enough as they are. And these were just, again, found within -- the top one has already come to Code Enforcement Board and they're dealing with their wells, but these were -- again, we discovered these and found this to be happening in the last couple days so -- Vice Chair Carollo: Well, we appreciate you moving on those. Two of those pictures were provided to you by my staff out on the streets. Mr. Santana: The two on the left-hand side, yes, sir. Vice Chair Carollo: Yeah, right. But here's what I'd like to see if we have a consensus in doing. I don't want to wait 45 days. I'd like to get something back in 30 days. Commissioner Reyes: Yes. City of Miami Page 117 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Vice Chair Carollo: And what I'd like to get back is a report which you should know already the key areas in each of our districts that have the worst flooding problems constantly. Address those areas in each of the districts and address whatever resources we have now how you intend to put out those resources. For instance, in Commissioner Covo's district, I could tell you she's got problems in the south side of the Grove. It's a low area, very close to the water. But the biggest problem that you're going to have in the Grove area is going to be right in the area of Kennedy Park, all through there. That gets flooded really bad. Mr. Santana: So, that area there -- Commissioner Covo: To your point, Commissioner -- Mr. Santana: -- just to be clear, is a County road -- Vice Chair Carollo: Yeah. Mr. Santana: -- and we will have to -- Vice Chair Carollo: From there -- Commissioner Covo: But the park -- Vice Chair Carollo: Yeah. Commissioner Covo: -- but our park, our Kennedy Park, has not been able to open because FEMA (Federal Emergency Management Agency) doesn 't give us some type of permit for the bathroom. Mr. Santana: Yeah. Commissioner Covo: I'm talking about the bathroom because -- Vice Chair Carollo: Yeah. Commissioner Covo: -- we are in a flood zone -- Vice Chair Carollo: Sure. Commissioner Covo: -- and people go to a park -- Vice Chair Carollo: Yeah. Commissioner Covo: -- where there 's no bathroom. Vice Chair Carollo: Especially a big park like that. That's a very big park. It's very used. You need bathrooms. But from there, you go to Brickell. Commissioner Reyes: Yeah. Vice Chair Carollo: Guys, look -- Commissioner Reyes: Embarrassing, embarrassing. Vice Chair Carollo: -- there's no reason why the minute we hear there's going to be rain, we don't have resources put out into Brickell so we don't see time and time again what she's talking about, those pictures of our main financial center being City of Miami Page 118 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 flooded like it is, even with a little bit of rain. We're not even talking about a major storm. Commissioner Reyes: Exactly. Vice Chair Carollo: So, you need -- out of all the areas in the City, concentrate on that because this is hurting our image, and it's an area that we know already we have serious problems with. From then on, going through the coastal area, the area between Bayfront Park and Maurice Ferre Park is not bad, but then the minute you cross over and you get into the Omni area, that area has been horrible for years. I mean, you get a little bit of rain, and you got a couple of feet of water, and I'm not exaggerating. And I'm sure that Commissioner Covo can tell you that. Then you go further down into her district and you get another batch further down. In Commissioner Reyes district, he's got a street that maybe is unknown to most people in our City government and our residents, but he's got a street that's below sea level, below sea level. He's got a street over there in his district that's below sea level. That one, of course, it's going to get flooded, so you got to pay attention to that. In my area, I got spots in 8th Street that are really horrendous. And I know that it's the State that has to come in and that's a lot of the problem too, but we can't wait for whenever the State decides they're going to come in and do something. We got to have pumps there already pre-set before the rain really comes in. I got other areas in my district, obviously, by Jose Marti Park inside and the pass by 8th Avenue, Francisco Morazan Park also. And we got some areas in the Roads and in scattered areas. But we obviously don't have enough resources for every single area, so we need to concentrate on the areas that have the worst impact from rain and the ones that most traffic is going to go through. And I know you 're doing all you can -- Commissioner Reyes: Yeah. Vice Chair Carollo: -- without them. That's why I want to give you the resources. I - - you know, I think you need to start finding those three extra people that you need. We'll approve it at the next meeting, Mr. Manager, if you could put it in the agenda. And then I think we need to find the resources so that every year we're cleaning all the sewers. Commissioner Reyes: Yes. Vice Chair Carollo: And this I think we should start planning in the budget so that for the next fiscal year we include that in the budget. It's not something that we're going to be able to accomplish now because I believe if you go to the firms we have, they'll tell you that they haven't planned for that, so they're not going to be able to do it anyway, I would imagine, unless, you know -- if I'm wrong, please let me know. Mr. Santana: Well, we haven't had that discussion. And one thing we did do since last year to now is that we onboarded another contractor, so now we have two contactors. Vice Chair Carollo: Okay, well, if you could get other contractors to -- Commissioner Reyes: Yeah. Mr. Santana: We're working on that. Vice Chair Carollo: -- to facilitate that, that's another one that we could -- Commissioner Reyes: Expand the service. City of Miami Page 119 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Vice Chair Carollo: -- look at the amounts and start working at it right now in our midyear, you know, budget. But the bottom line is that we want to be able to clean all the storm sewers in the City on a yearly basis. Commissioner Reyes: That's right. Vice Chair Carollo: So, that's part of what needs to be put in the next fiscal year's budget. Commissioner Reyes: Yes. Vice Chair Carollo: If you could accomplish to get more vendors now, I think you should bring that at the next Commission meeting with your other three positions that we 're offering to get for you so that we could include as much as we can now also and make, you know, your life easier and certainly for the residents of Miami. Commissioner Reyes: Sir, just -- Vice Chair Carollo: Commissioner. Commissioner Reyes: Thank you very much because I've been asking for that for a long time that we (UNINTELLIGIBLE) -- I mean, that the rotation be -- Vice Chair Carollo: Yeah. Commissioner Reyes: -- yearly, on a yearly basis. And he 's doing the best he can with whatever -- the resources that you have, you 're doing a great job. But I have a question that it been asked to me many, many times and it has to do with Brickell. According to information that we had -- and I had the information even before I was elected -- that there were pumps installed in Brickell in order to avoid flooding and also, we don't need to have drain -- rain. We have king tide. We have king tide, it also gets flooded. Do we still have those pumps, or they are not working, or we need new pumps? Mr. Santana: So, there was a new stormwater pump station constructed at Southwest 8th Street and Southwest 1st Avenue that is connected to the Mary Brickell Village area. That project that's supposed to convey that water from that Mary Brickell Village area to the pump station, it's finalizing construction now. So, we are currently televising and inspecting that entire system. Commissioner Reyes: Okay. Mr. Santana: And we expect that we 're going to need -- Commissioner Covo: To his point -- Mr. Santana: -- additional -- some additional repairs there to come -- Commissioner Covo: To his point, I was there last night as well. Vice Chair Carollo: Yeah. Commissioner Reyes: Okay, but I want -- Commissioner Covo: It -- 98 percent completed, you mentioned, the project? City of Miami Page 120 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Mr. Santana: Yeah, the project's basically complete. We're just inspecting it now, but we do anticipate that additional work's going to be required in that area. Commissioner Reyes: Is that going to help Brickell and 13th -- Brickell and 14th? Is that also going to take care of the flooding on Brickell and 13th, 14th, and that area? Mr. Santana: So, the area of Brickell Avenue has its own pump station. Vice Chair Carollo: Yeah. Mr. Santana: It 's located at -- Commissioner Reyes: Those are the one referring to. Mr. Santana: So, that pump station, we developed the wells that are connected to that one. I did see some pictures of some flooding this week there. We are -- we 're going in to figure out what's going on. Our pump station was working and did not stop working, and maybe some additional maintenance needs to happen there. We have -- Commissioner Reyes: Okay. Mr. Santana: -- a lot of con -- and what happens -- and we may need to go in there and do some additional cleaning, but we have had construction in the area. Commissioner Reyes: Yeah. Mr. Santana: We have found plenty of elicit discharges, the concrete trucks washing out. Commissioner Reyes: Yes, that's another problem. Mr. Santana: So, it isn't always just necessarily -- it's that we have impacts that we cannot foresee and we have to deal with them -- Commissioner Reyes: And -- Mr. Santana: -- after the fact. Commissioner Reyes: -- you mentioned something about that it is horrible is the concrete trucks, you see. Those, I mean -- Mr. Santana: It's a big problem for us. Commissioner Reyes: They clean -- they clean, I mean, the tumbler and everything and everything goes into the drain. That cement gets hard and obviously it will clog all our sewers. Mr. Santana: That's correct. Commissioner Reyes: You see, we have to do something about it. Get the police on their trail. City of Miami Page 121 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 NA.2 13856 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT, BUDGET, ALLOCATE, AND APPROPRIATE A TOTAL OF FOUR MILLION AND 00/100 DOLLARS ($4,000,000.00) IN FUNDS APPROPRIATED BY THE UNITED STATES OF AMERICA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FROM THE COMMUNITY DEVELOPMENT FUND, TO THE CITY OF MIAMI ("CITY") PURSUANT TO H.R. 2617, PUBLIC LAW 117- 328: CONSOLIDATED APPROPRIATIONS ACT, 2023, AND AS MORE PARTICULARLY IDENTIFIED HEREIN ("FEDERAL APPROPRIATED FUNDS"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AGREEMENTS WITH THE FEDERAL GOVERNMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE, ADMINISTRATION, AND USE OF THE FEDERAL APPROPRIATED FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE, IMPLEMENTATION OF, AND COMPLIANCE WITH THE AGREEMENTS FOR THE FEDERAL APPROPRIATED FUNDS; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE OPERATING BUDGET, CAPITAL PLAN, RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH, FOR PROJECT CLOSE-OUTS, AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS IN CONNECTION HEREWITH. ENACTMENT NUMBER: R-23-0180 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Chair King: We have a time certain item. I'd like to call up our Congresswoman Frederica Wilson. She's going to make a presentation. Applause. Congresswoman Frederica Wilson: Let me say this is a pleasure to be here today. And I want to say good morning to our Commissioners and to our Chairwoman King. And I want to give a special congratulations and welcome to our newest Commissioner, Commissioner Covo. We had several conversations, and I'm looking forward to working with her. For the past 30 years, I've been proudly representing the City of Miami. And let me tell you, it never gets old fighting for this community. Throughout my years on the School Board, the State Legislature, the State Senate -- (UNINTELLIGIBLE). He was there with me -- and now in Congress, it's a true privilege to have delivered for our community which has given me everything. And City of Miami Page 122 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 I'm so proud to be your representative. I dedicated my career to fighting for my constituents. I've fought so hard that my mantra -- and I became known as "Fight Freddy Fight." If you want something done, tell Freddy, and she will get it done because she will never stop fighting. And it's been the honor of my lifetime to give back to the City of Miami and fight for you every day, the children, the seniors, the sick, the prisoners, the lost, the left out, every one of you. These last two years, they brought back earmarks. You know, President Obama got rid of earmarks, and so, my first years in Congress, I was just relegated to the regular appropriations process. So, President Biden and my Congress brought back earmarks, and we have been able to really boost funding to our communities. I've had the opportunity to secure millions of dollars in community project funding that's earmarked for the City. So, today I stand committed as ever to making this city and our neighborhood -- and now I represent even the whole Miami Beach, the coastal area. I represent from Aventura all the way down to Fisher Island, so they're getting money too. That's why today I'm delivering yet again on my commitment to the City of Miami and I'm presenting a $4.7 million check. These funds will be dedicated to two projects in the City of Miami. The first is for the construction of a permanent COVID-19 memorial right in the heart of Liberty City and Simonoff Floral Park. And let me tell you this, my district and the City of Miami was the hardest hit area during the COVID-19 debacle. We lost thousands and thousands of people. And while everyone else was sheltering at home and working from home, my district, my district staff was working to find the appropriate people to convince my district to be vaccinated, to take advantage of what was happening to cure this terrible, terrible disease, this novel coronavirus that none of us knew about that just came from nowhere and was just killing. Our funeral directors were calling us asking us to help bury people. They had so many bodies they had to rent refrigerated trucks to store the bodies. There were people who lost their grandparents. They could not go to the funeral. There were people who died in hospitals and nursing homes and couldn't even receive a visitor to come and visit with them or hold their hand. So, we were working so hard. So, I decided to bring comfort to my district. I set up a marked cemetery right on that park. It's on 54th Street, across the street from the Church of the Incarnation. And I started with 100 placards for the cemetery, like marked headstones. And the people kept dying, and the people kept dying. And we started -- we ended with 2,000 placards across that whole, whole park. And it just so happens I see the gentleman here, Leroy, the Circle of Brotherhood, who was out there helping me put these placards in place. And people would stop and go to those placards and write the names of their loved ones with markers and write messages. These were families who didn't have the opportunity to say goodbye to their loved one, so they -- it was just wonderful. It was on the front page of the New York Times. The President even remarked -- talked about it in his remarks. So, we're going to set up, Christine, right in the heart of your district, this memorial, and it's going to be beautiful with marble and glass and a torch, and people will never forget. And let me tell you this, City of Miami, this little part about it. Some of the guys in Congress from New York, I saw them trying to pass a resolution, and the resolution was to get Congress to establish the very first COVID memorial in New York. And I said, "Ah-ha, we 're one step ahead of you." We don't need Congress's permission. We already have permission and we already have the design. We already have the money. And so, they won't have the first COVID memorial. They might have the second, but we're going to have the first right here in the City of Miami. And so, we also -- let me see -- you know, I can talk forever. And so -- let me see what -- additionally, we're presenting to Commissioner Reyes an earmark of $1 million, and it's going to help fund park improvements, including the construction of a new community center at Douglas Park in Coconut Grove. Douglas Park is a focal point for the Grove, for that community and an active community park, which has trails -- we're going to put trails, bike paths, and shelters for our families to enjoy. Making sure this green space stays up to date for children and families is crucial. So, we 're going to get to work on keeping the Magic City magical. Now, I look forward to working with you. I just saw Ms. Range's son, Mr. Patrick, speaking City of Miami Page 123 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 here. And I want you to know that I'm having conversations with Christine right now to upgrade the new -- the Range Park, the Range -- right in the heart of Liberty City. It's time for that. And also, right in the heart of Liberty City, we have a campus of Miami -Dade College that was named after Congresswoman Carrie Meek. And some little children met me in the street, and they said, `Ms. Wilson, Ms. Wilson, you know the computers don't work." I say, "The computers don't work?" They say, "No, they don't work. We can't use the computers." So, we have an earmark going to that particular branch of Miami -Dade College, too. Those are two women whose shoulders we stand. Athalie Range -- M. Athalie Range, who I named part of Biscayne Boulevard after, and Carrie Meek. So, Ms. Christine right here, that's in your district, and I've been working already. We put -- oh, poor -- I know she 's gonna kill us. We have been working so hard already for Coconut Grove and for our new little designation of Little Bahamas. And we look forward to continuing that, and there are some real, real permitting issues that we 're going to -- I'm going to have to get my buddy here to help me get all of this through to make sure -- because I know how politics works around here. You know, I've been in politics a long time. So, thank you so much for inviting me here today. It's such a pleasure. And I look forward to working with you over and over again until -- so we can leave a true legacy for our children and for children yet unborn. Thank you so much. Thank you. Applause. Congresswoman Wilson: Commissioner Reyes, you need your money now. Commissioner Reyes: Absolutely. We 're going to bring this down because -- (UNINTELLIGIBLE). Congresswoman Wilson: No. Commissioner Reyes: Okay. Vice Chair Carollo: Yeah, we can say a few words. Commissioner Reyes: We can say a few -- I want to thank my -- okay. (COMMENTS MADE OFF THE RECORD) Commissioner Reyes: Madam -- Madam Chair, can I say -- Chair King: Please. Commissioner Reyes: -- a couple of words? You see, this is -- this is extremely important. This is a great example how can we work together, you see. Even we are receiving this, it's not even in your district, but you took care. And as you said, you ask Freddy and Freddy delivers. I asked and you did. And it is -- it is -- this is a testament that Miami is one city, one people, you see. We got to work together. We are in the same boat. It doesn't matter if you're from this district, the other district, if you are -- whatever you are, if you're Afro American, Cuban, whatever you are, we got to all work together because we are in the same boat. Either we row together, or we go nowhere. And I congratulate you for being such a leader, and I'm real proud to call you my friend. Thank you very much. Congresswoman Wilson: Thank you. Vice Chair Carollo: If there's ever been an example of a true public servant, it's right here in Congresswoman Frederica Wilson. She has been a public servant since day one. I don't want to remember so far back, but since I was a real young City of Miami Page 124 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Commissioner, not an old one like now, I've known the Congresswoman. We've worked together. Then when I got elected mayor, reelected mayor, we worked very closely together, and here we are again. The only problem that I have is that -- and I'm jealous -- how come she still looks so good, and I look like this? You got to give me the secret. She's like a fine bottle of wine. She just keeps getting better in age. But I have witnessed what she has done, not just for the African American community, but for all of Miami as a whole. What she has done for so many young men to make sure that they have mentors, that they are going to go down the right path. The angels praise her every day and so many mothers do also. But for that and so much more and for the latest that you're doing for our city, we say thank you. May God bless you and keep you here for a long, long, long time, Frederica. God bless you. Congresswoman Wilson: Thank you. Applause. Commissioner Diaz de la Portilla: So, I spent over a decade in the Florida House of Representatives and the Florida Senate working side by side with you. And I always remembered that you would always fight for every constituent in Florida. It wasn't only about your district. I remember when the 500 Role Models became the 5,000 Role Models, and now it's like 50,000 Role Models, and how many children you have mentored, girls and boys, and how you taught them how you -- taught them to be leaders and to give back to their community by example, and by organizations that you formed, and by finding funding throughout Tallahassee and throughout Washington now. So, your record speaks for itself. I'm very, very proud to have been your colleague. Every time I see you, like Commissioner Carollo said, you seem to get younger and we seem to get older. But your energy, your efforts, your intelligence, your grit, and your relentless, tireless fight for people that don't have a voice is something that's to be commended. So, Congresswoman, thank you for coming here for this and for so much more you do that we don 't have the time to talk about. But congratulations and thank you for helping our city and your city. Congresswoman Wilson: Thank you, thank you so much. Applause. Chair King: As one of the newest members and the only woman of color, I have to say thank you for your mentorship. Because from the moment I got elected and before, you were giving me advice and letting me know that I'm going to be alright. And providing this for my district, these funds to honor our families that we lost during COVID, means so much to the families. But what you do -- I was watching you on the news yesterday with the club at the school, and you were addressing me and my brother because we were latchkey kids, and we had to go home and lock ourselves up until our mom got home, single parent. So, the things that you think about, the generosity, the empathy that you have for your constituents, for families, for children, that is something to be mirrored, to mimic, to piggyback on because you really do set the example for us, for us woman. And I so appreciate you and appreciate you taking the time to set me right and give me advice. Congresswoman Wilson: Thank you, thank you, thank you, thank you, thank you, thank you. Applause. Commissioner Covo: Congresswoman, I've known you and I followed you first as a reporter for a very long time, always admired you, covered many stories where I went to interview you, then followed you as a candidate. You're an inspiration. I said one City of Miami Page 125 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 NA.3 13857 City Commission time when I was writing a column for the Miami Herald, when I used to write for the paper, I said, "We need more women in office." And you were a role model towards this moment. I am also very thankful regarding your support for the Little Bahamas. It's going to be extremely important. We all know that our neighborhood deserves it. We need beautification. We need more community engagement. We need a better community center, so we have a lot of things -- and I don't want to be here doing all the petitions. We've been in conversation already. But thank you, thank you so much. Applause. [Later... J Chair King: May I have a motion -- Commissioner Reyes: Move. Chair King: -- for Pocket Item Number 2, the resolution to accept the funds that were given to us by Congresswoman Frederica Wilson? Motion. Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO RETURN TO THE CITY COMMISSION, WITHIN 30 DAYS, WITH A REPORT ANALYSING THE AREAS IN EACH CITY COMMISSION DISTRICT THAT EXPERIENCE THE WORST FLOODING AND ADDRESSING HOW THE CITY ADMINISTRATION INTENDS TO DEPLOY EXISTING RESOURCES TO REDUCE FLOODING IN THOSE AREAS; FURTHER DIRECTING THE CITY MANAGER TO IDENTY FUNDING AT THE APRIL 27, 2023 CITY COMMISSION MEETING TO FUND THREE (3) POSITIONS; FURTHER DIRECTING AND AUTHORIZING THE CITY MANAGER TO USE THE EXISTING STORM DRAIN CLEANING PROGRAM TO CLEAN THE DRAINS THAT HAVE NOT BEEN CLEANED TO DATE; FURTHER DIRECTING THE CITY MANAGER TO BUDGET FOR CITY-WIDE STORM DRAIN CLEANING ON A YEARLY BASIS. ENACTMENT NUMBER: R-23-0181 MOTION TO: Adopt RESULT: ADOPTED MOVER: Sabina Covo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Carollo, Covo, Reyes ABSENT: King, Diaz de la Portilla City of Miami Page 126 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Vice Chair Carollo: Before I give it back to Commissioner Covo, can -- Mr. Manager, can you bring us, at the next Commission meeting for approval, but start hiring the people right away, the three people that he 's short? We'll make a budget amendment in the next Commission meeting so he could have those three -- Commissioner Diaz de la Portilla: Of course. Vice Chair Carollo: -- crew members that he needs now before we really get into the rainy season that -- Commissioner Covo: Which has already started. Vice Chair Carollo: -- it started early this year, yeah. Commissioner Diaz de la Portilla: Right. Vice Chair Carollo: Last year, it started late. This year it started, I guess, on time. Commissioner Diaz de la Portilla: Yeah, we don't have to wait `til -- Vice Chair Carollo: April usually. Commissioner Diaz de la Portilla: -- we have the problem. Vice Chair Carollo: Yeah. Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: Let's try to solve it before. Vice Chair Carollo: Commissioner Covo, go ahead. Commissioner Covo: I certainly agree. I was going to come -- it was going to actually become my question. I was asking do we have the money. Like what has been the budget for resiliency and climate change impact for the past --? Juvenal Santana (Director, Public Works): So, right now -- Commissioner Covo: I mean, I saw something in 2017, like $1.7 million sort of from there. I mean, budget wise -- Mr. Santana: So, I could tell you that under -- Commissioner Covo: Because I'm going to tell you something very embarrassing. I've been getting requests from TV stations internationally, radio stations internationally asking me why in Miami it takes four years to build a luxury building but we are flooded. Like this morning, we were compared to Cartagena, Colombia, and again, where I'm from, and we look like Venetia in Cartagena. The difference is that they have probably 0.1 of the budget that we think we should have for this situation. And we don't look good -- Commissioner Reyes: Mr. Chair. Commissioner Covo: -- at all. Property values -- if we are caring about property values, has a lot to do with not getting flooded. And what about the insurance for the property owners? It 's -- you know, I think that we need to have like a stronger action plan in general as a city or no? City of Miami Page 127 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Vice Chair Carollo: Absolutely, absolutely. [Later...] Vice Chair Carollo: Commissioner Covo. Commissioner Covo: Finally, and that's why I brought this pocket item today. I think that you've done a great job identifying locations that didn't flood before as much. They are new. I think that we have come to a point where we need to be proactive, not reactive to the situation, and that will be my goal. I agree with the 30-day report to see what we could do, and then you know, I'll second the Vice Chair in making this happen. But it's going to be a very rainy summer, I can assure you. And it's not only about people losing their cars. It's -- you know, we're going through a bad economical situation overall. And the other situation that I've seen is that we need to make sure that when we have new developments, that they don't build at zero. I mean, they need to make sure that they build like they should for this not to happen. That would be just my last and final comment and question. Vice Chair Carollo: Well, Commissioner Covo is going to make a motion for a complete analysis report to be given to this Commission in the next 30 days, and that at the next Commission meeting, we -- the Manager identifies the funding for the three positions that Director Santana says we're short in. And lastly, to look at whatever possibilities are there with additional companies or the ones we 're using now to clean out the sewers in the parts that they haven't been touched yet and for the Administration to see what other available funding we might have for now. And lastly, that on the -- on next fiscal year budget, we try to budget storm cleaning on a yearly basis -- Commissioner Reyes: Instead of three years. Vice Chair Carollo: -- instead of every three years. Commissioner Reyes: Good. Vice Chair Carollo: Is that okay, Commissioner? Commissioner Reyes: That is fantastic. Commissioner Covo: That's excellent. Commissioner Reyes: I will second that motion. Commissioner Covo: I mean, we do nothing with the budget if we don't use it. Vice Chair Carollo: Okay, and -- Commissioner Reyes: Okay. Vice Chair Carollo: -- second by Commissioner Reyes. If I could just put one other item, that we also have a trip in August, which is our monthly -- month off to Cartagena, Colombia so we could see how they do it over there. Commissioner Reyes: Yes. Vice Chair Carollo: No, I'm teasing on that one. City of Miami Page 128 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 NA.4 13858 City Commission Commissioner Covo: You have to go in May because May is when it's -- it floods. They're actually not doing much though. That's the unfortunate part. Vice Chair Carollo: Don't tell them that, don't tell them that. Commissioner Reyes: Okay, call the question. Vice Chair Carollo: Question's called. All in favor? Todd B. Hannon (City Clerk): Chair, I'm sorry, Vice Chair. Vice Chair Carollo: Yes. Mr. Hannon: Just in the abundance of caution, public comment. Vice Chair Carollo: Is there any public comments? On this one, come on. It's just giving the Manager -- go ahead, Brenda. Brenda Betancourt: Good afternoon. Brenda Betancourt, 1436 Southwest 6th Street. Just a little more than anything else, I want to give a little information of the Mary Brickell Village, that we actually heard the case in the Code Enforcement Board. But about the -- if they're actually giving the information about the permits that they supposedly pulled to fix those pumps. And I know that you guys into it, but we haven 't heard anything about it. So, if it's possible to know if they're actually working on those permits for the backflow pumps that they were not working. And about the setback, fact for the Commissioner, sometimes setback for the buildings, it might impact the amount of units. That's the reason they -- normally developers ask for minimal setback that way they have more units. Thank you. Vice Chair Carollo: Thank you. Hearing no further comments from the public, all in favor, signify by saying "aye." The Commission (Collectively): Aye. Vice Chair Carollo: It passed unanimously. DISCUSSION ITEM CITY MANAGER ART NORIEGA AND MEMBERS OF THE CITY COMMISSION PRESENTED A SALUTE TO NIKOLAS PASCUAL FOR HIS EXEMPLARY SERVICE TO THE CITY OF MIAMI AND WISHED HIM ALL THE BEST IN HIS FUTURE ENDEAVORS. RESULT: PRESENTED Vice Chair Carollo: I believe that's the last item in the regular agenda, but we left the best presentation of the day to the end. Arthur Noriega (City Manager): Can I take a point of personal privilege, Mr. Chairman, for a minute? Vice Chair Carollo: Go ahead, please. Mr. Noriega: Hello. Okay, there we go. Vice Chair Carollo: Okay. City of Miami Page 129 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 NA.5 13859 City Commission Mr. Noriega: So, you know, I don't know if -- most of you should know by now, but tomorrow 's Nik's last day as chief of staff for the Mayor. And as a result, I wanted to just kind of recognize him for his work. You know, it's a pleasure -- he worked for me before he went over to the Mayor, so it was a pleasure in the short time I had him. But it's been even better having him upstairs in the Mayor's Office. He's been a great conduit for the Mayor, certainly been a great asset to all of us from a departmental perspective in working with the Mayor's Office. And we wish him nothing but luck. He's going to be on the dark side now, fransitioning over as a lobbyist. So, we're not going to see him for a couple of years, but I'm pretty certain he'll be hanging out at the City after that. And you know, he has a lot of good relationships here at the City and I speak for everyone here, particularly my staff, and we do want to wish you good luck, Nik. You know, you've put a lot of good work here, and you've been -- and I can't say it even -- I don't know how to express it any better than just say it's really been a pleasure working with you. You have -- you do an exceptional job. You're going to be missed. Applause. Vice Chair Carollo: Nik, now I get to say to you publicly what I said to you a little while ago when you informed me that you were leaving. He truly is going to be missed. He has been a true professional. He's been a tremendous asset, not just to the Mayor, but to all of us, to the City of Miami. Because the most important aspect of a chief of staff for a mayor is someone that's going to be a professional, is going to be evenhanded, is going to care, and he showed all those qualities. He wanted to make sure that we could all get along, and he strived to that. He wasn't the kind of chief of staff that wanted to throw wood or more wood into a fire. And if you noticed, the last few years, we've all had had a really good work relationship because we had a guy like Nik as chief of staff, among others that have joined our city that had put Miami first instead of putting themselves first, and that's the big difference. So, Nik, we're really going to miss you, and I say that from the heart. I'm very, very sorry when I heard today that you were leaving, but I wish you all the, you know, very best, and I'm sure you 're going to do great wherever you go. Applause. Commissioner Reyes: I agree. I agree a hundred percent what Commissioner Carollo said, but I have to add. Since you became the chief of staff, everything run smoother and we had a great relationship with the Mayor's Office. Thank you. I have to -- we're going to miss you. Applause. DISCUSSION ITEM COMMISSIONER REYES PRESENTED A FRAMED PHOTOGRAPH OF THE BAY OF PIGS MEMORIAL PARK MONUMENT AND A HANDMADE MEDALLION SYMBOLIZING THE SPIRIT OF THE BAY OF PIGS MEMORIAL PARK MONUMENT TO THE CITY COMMISSIONERS, CITY ATTORNEY, CITY MANAGER AND CITY CLERK. RESULT: PRESENTED City of Miami Page 130 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 Vice Chair Carollo: Now, we have one more presentation, and as I said, the best was for last today. Commissioner Reyes wants to give all of us that are left here a presentation that is beautiful. I congratulate you. Commissioner Reyes: Thank you. Vice Chair Carollo: I know that it had to be Chacha that put her hand into this because this is classy, it's unique, it's so beautifully different, and it has to do with something that's going to be a legacy left for the City so the future generations can remember and not forget. Commissioner Reyes: Thank you, Commissioner. And thank all of you for your assistance and your help making this possible. And what I am giving all of you is -- it is this copy of a monument that we erected in Bay of Pigs Memorial Park, a park that didn't have anything before. And now, we, with assistance from all of you, we were able to make this a reality. And yesterday, under the weather, under the rain, it was raining cats and dogs, and the veterans from Bay of Pigs, they came to the unveiling of this monument which they are very proud of. And I just want to, as a token of gratitude, give you -- all of you this copy of the poster that has been framed for you to hang wherever you want to hang it, okay. Vice Chair Carollo: But you forgot there's something else that you're giving us, a medallion. Commissioner Reyes: Oh, the medallion also. Vice Chair Carollo: Yes. Commissioner Reyes: And this medallion -- Vice Chair Carollo: I don't want him to take it back. Commissioner Reyes: -- this medallion was also -- it was made by the artist. And we were so lucky that we picked this lady. She is Nilda Comas. She is a Puerto Rican sculptor, and she took -- she undertook this -- I mean, this sculpture, as you see, were from her own country. And she make this her own project. She went to the Brigade Museum. She stayed there for long time. She learned everything about Bay of Pigs, and she was so proud with this -- with this job that she gave us -- and this is a donation from her. She donated these medallions so we can give it to you guys -- Vice Chair Carollo: Thank you. Commissioner Reyes: -- and you can keep it also. Commissioner Covo: (UNINTELLIGIBLE). Vice Chair Carollo: Thank you. Commissioner Reyes: So, thank you. Thank you very much. Applause. Commissioner Covo: (INAUDIBLE). Thank you. It is beautiful. Thank you. I think that it's important that we preserve our history and that, to your point, Commissioner Reyes, that we keep reminding our children that they cannot forget, that we are proud to live in a free country and that, unfortunately, Cuba is still not one. And this is the best reminder for our children to not make mistakes. That's why we are part of this beautiful democracy. Thank you. City of Miami Page 131 Printed on 05/23/2023 City Commission Meeting Minutes April 13, 2023 ADJOURNMENT Applause. Vice Chair Carollo: Thank you. If we could get a picture. Commissioner Reyes: Yeah. Todd, come here. Vice Chair Carollo: And with this last fantastic presentation, this meeting is now adjourned. Thank you all. Commissioner Reyes: Thank you. Thank you very much. Applause. The meeting adjourned at 4: 54 p.m. City of Miami Page 132 Printed on 05/23/2023