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HomeMy WebLinkAboutCC 2023-09-28 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, September 28, 2023 5:05 PM Second Budget Hearing City Hall City Commission Francis X. Suarez, Mayor Christine King, Chair, District Five Joe Carollo, Vice Chair, District Three 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 September 28, 2023 5:05 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER ORDER OF THE DAY Chair King: Good evening, everyone. Welcome to the City of Miami's second budget hearing, September 28, 2023. I am Christine King, your Chairwoman and Commissioner for District 5. Today we are going to open the meeting with prayer. I have Pastor Goodwin here with us from United House of Prayer to kick us off in prayer, start it the right way, under God's leadership. Invocation delivered. Chair King: Thank you, Pastor. Commissioner Carollo. Pledge of Allegiance delivered. Chair King: Thank you. Present: Chairwoman King, Vice Chair Carollo, Commissioner Covo and Commissioner Reyes On the 28th day of September 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, for its second budget hearing session. The Meeting was called to order by Chairwoman King at 5:20 p.m., and adjourned at 5:48 p.m. Note for the Record: Commissioner Reyes participated in the meeting via Zoom video conferencing from 5:20 p.m. to 5:38 p.m. and entered the Commission chambers at 5:39 p.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: Madam City Attorney, do you have a statement that must be read into the record? Victoria Mendez (City Attorney): Thank you. Yes, Madam Chair. This evening, the City is holding its second budget meeting and related second budget public hearing for the purposes of fixing the final millage rate, adopting a budget, and approving various agency budgets. This meeting was set pursuant to Resolution R-23-0319, adopted on July 27, 2023, properly and duly advertised, and in compliance with Chapter 200 and Section 166.241 Florida Statutes and all other applicable codes, rules, and regulations. Detailed information about the process, order of business, rules of procedure, scheduling or rescheduling of City Commission meetings can be found in Chapter 2, Article 2 of the City Code, a copy of which is available online at www.municode.com. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person City of Miami Page 1 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 may not lobby a City official, board member, or staff member until registered. A copy of the Chapter 2, Article 6 of the City Code entitled Lobbyists" is available in the City Clerk's Office or online at www.municode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this City Code section is available at the Office of the City Clerk or online at www.municode.com. The City of Miami requires that anyone requesting approval, relief or other action from the City Commission must disclose before the public hearing any consideration provided or committed directly or on its behalf to anyone for agreement or support to withhold objection to a requested approval, relief or other action pursuant to City Code Section 2-8. Any documents offered to the City Commission that have not been provided seven days before the agenda will be at the City Commission's discretion. In accordance with 2-33 (fl and (g) of the City Code, the agenda material for each item on the agenda is available during business hours at the City Clerk's Office or online, 24 hours a day, at www.miamigov.com. 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 5:05 p.m. and remain open until public comment is closed by the Chair. Members of the public wishing to address the body may also do so by submitting written comments via the online comment form. Please visit www.miamigov.com/meetinginstructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the form have been and will be distributed to elected officials and City administration and their staff throughout the day so that the elected officials and their staff may consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to elected officials, City administration, and their staff up until the Chair closes public comment. Public comment may also be provided live at City Hall, located at 3500 Pan American Drive, Miami, Florida 33133, subject to all City rules that may be amended from time to time. 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, their address, and what item will be spoken about. Any person with a disability requiring assistance, auxiliary aids, and services for this meeting may notify the City Clerk. 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 the items considered at this meeting may request at the Once of Communications review it online at www.miamigov.com. Notwithstanding the foregoing, pursuant to Florida Statute Sections 200.0653 and 286.0105 and in Florida Administrative Code 12D-17.005-(2)(c)(22), no verbatim record is required for the appeal of any decision made during the hearings required by Chapter 200. 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 also has closed captioning. Pursuant to Advisory Legal Opinion 2020- 03 issued on March 19, 2020, the Attorney General opines that consistent with prior Attorney General opinions, a member of the local governing body who is physically unable to attend part of the meeting or the whole meeting because of medical treatment or due to medical reasons could participate and vote in meetings where a quorum is present of the other members are physically present. Thank you. Chair King: Thank you, Madam City Attorney. Mr. City Manager, do you have anything? City of Miami Page 2 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 Arthur Noriega (City Manager): No, Madam Chair, I do not. Chair King: Colleagues, do you have anything? (COMMENTS MADE OFF THE RECORD) Chair King: Okay. PUBLIC COMMENT FOR BUDGET ITEM(S) Chair King: And at this time, I will open the floor for public comment. Anyone wishing to speak on our budget, please come forward. Good evening. Stanley Young: Hi, Chairwoman. My name is Chaplain Stanley Young. I'm a chaplain here in your City of Miami. 1 have been for a couple of years now. I'm here to speak on the budget, what my passion is on the budget, and that is the homeless, that you guys have here in your city. The homeless -- you know there's a homeless crisis in the nation, and there is a homeless crisis here in the City of Miami. Miami houses 60 to 70 percent of the homeless people that are in your county. Florida is the third highest of the homeless that are living on the streets and living on unhomed [sic]. I'm here with a suggestion. What I know you have been working on, you have been brainstorming, I'm here to give and help with an idea of what you could do to help the homeless that are encamped in your city. You need a homeless trust. You have one for the county, now it's time for the City of Miami to rise up and establish a board, a trust, the auxiliary, whatever you want to call it that would address the homeless issue that is in your city that people are living on the streets. I had a mother who was keeping 21 children who was homeless last Monday. I tried and tried and tried to find some place to put this single mother and her children. This is coming from the streets that I walk on day in and day out. But that's my suggestion, that you establish an ongoing board that will look at your homeless situation and bring you some good answers to what you need to do in your city. Chair King: Thank you. Mr. Young: Thank you very much. Chair King: Thank you. Good evening. Bart Mervil: Good evening. Good evening to everyone. My name is Bart Mervil, address 246 Northeast -- I'm sorry, Northwest 54th Street, resident of Little Haiti. I'm here to speak on BH 1. I'm also here on behalf of the residents of Little Haiti and the City of Miami to ask the City Commission to reconsider the allocation of $500,000 to Carnival in Little Haiti, but instead to split the difference with Haitian Heritage Month because for more than a decade, we've had more than a dozen CBOs (Community Based Organizations) working to -- diligently to promote cultural events in Little Haiti with no support. I applaud the fact that $200, 000 has been allocated in this year's budget, but I feel that allocating $500,000 to Carnival, which hasn't been proven, but instead with Haitian Heritage Month, we've got a considerable economic impact in Little Haiti and throughout Miami. So, before we go investing $500, 000 to Carnival, I think that money should be split between these two orgs (organizations) to at least balance that out. So, that's my suggestion. Thank you. Chair King: Thank you. City of Miami Page 3 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 Mr. Mervil: Alright. Chair King: Good afternoon. Sharon Frazier -Stephens: Good afternoon, Madam Chair, Commissioners. My name is Sharon Frazier -Stevens. I live in District 5. I come to support you on the budget, BH.9. You're my commissioner and you're the chairwoman and I love what you're doing for my community. I live in Little Haiti. Seven years ago, I moved to Little Haiti and I'll tell you, it was one of the dirtiest area that I ever lived in in my life, coming back to Miami from Syracuse, New York. I support you with the Virginia Key Trust with the event that's happened on Saturday. I support you with the Carnival, but most of all, I support you for Juneteenth. I never knew about Juneteenth until I got to New York. In Syracuse, New York, we celebrated Juneteenth, and I moved to Syracuse, New York in 1985. When I came back home in 1997, there was no such thing as a Juneteenth celebration. Juneteenth is more important than July 4th. I would never pop a firework in my life because in 1876 -- I mean, 1776, the slaves was not free from Africa. July 4, 1776, we were still in shangles. I found out after my mom died. My mom was born in 1936, my grandmother was born in 1909, my great-grandmother was born in 1863. And when I found out that my grandmother, Elizabeth Floyd, she was indigenous. She was indigenous. And I just happened to find out my mom 's death certificate and my grandmother's birth certificate and found out that my family in Dublin, Georgia have a little town called Wrightsville, W-R-I-G-H-T. That's the name behind my grandmother's, on my mother's side, my great-grandmother. Okay, so we don't have to worry about nobody taking no books and taking the history away from me. My grandmother and my mother taught me my history in my elementary school in Overtown called Frederick Douglass Elementary. I thank you. You keep doing the work you do. Thank you, Commissioners, and the Mayor. I'm sorry he's not here, but please listen to the will of the people. Chair King: Thank you. Good evening. Ijamyn Gray: Great rising. Great rising, King and Queen. How you doing? My name is Brother Ijamyn Gray. Once again, I'm here representing all the troubled youth living in Miami -Dade County, the City of Miami, all that. I'm just here to speak on the budget. I congratulate you all on the budget. I just hope that throughout that budget that we have some opportunities for our youth, not just talking to them, but being creative by creating opportunities to help them to put money in their pocket. So, with that being said, I'd just like to say thank you all, and you all have a blessed day. Chair King: Thank you. M. Lee Kinsler: Greetings, everyone. How are you? I'm (INAUDIBLE) Lee Kinsler, and I'm here to say thank you for what we're doing, but we definitely can do more. Thank you so much, Commissioner, for everything you definitely took a leap of faith on. However, I want to employ the homeless. I don't want to keep praying on keeping the homeless homeless, so I do want to propose that we have buildings where we can house the people who are working for us and we are able to pay them living wages. Then we don't have to worry about them asking for food stamps, Section 8 housing, and all of that. Let's pay the people what they are, let my people work. Chair King: Thank you. Seeing no one else here for public comment, public comment period is now closed. BH - BUDGET HEARING City of Miami Page 4 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 BH.1 DISCUSSION ITEM 14644 Office of Management and Budget BH.2 14431 Downtown Development Authority A DISCUSSION TO ALLOW DISCUSSION AND PUBLIC COMMENT ON THE FINAL FY 2023-24 MILLAGE RATE, TENTATIVE BUDGET, AND ALL OTHER BUDGET ITEMS ON THE AGENDA. RESULT: DISCUSSED Chair King: At this time, I am going to have the Budget Director come and make her statement. Good afternoon. Marie Gouin (Director, Management and Budget): Good afternoon, Chair, Vice Chair, Commissioner. This is for the millage for the FY (Fiscal Year) 22-23 budget. The operating millage is 7.4843 mills. The rollback rate is 6.6055 mills. The operating millage of 7.4843 is 13.30 percent higher than the State -defined rollback rate of 6.055. And the rollback rate is the millage which will provide the same property tax revenues that was levied during the previous fiscal year, exclusive of new constructions and additions, anything that might change. Do we have any questions on that? Chair King: I do not. Ms. Gouin: Okay. It should be 23-24. I'm sorry, I said 22-23. Chair King: 23-24, understood. Ms. Gouin: Thank you. Chair King: Thank you. Ms. Gouin: Okay. DISCUSSION ITEM A DISCUSSION OF FINAL MILLAGE RATE AND FINAL BUDGET FOR THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI ("MIAMI DDA"). RESULT: DISCUSSED Chair King: May I have the director of the DDA (Downtown Development Authority) come forward? Good afternoon. Christina Crespi: Good afternoon, Commissioners. Thank you. I'm Christina Crespi. I'm the CEO (Chief Executive Officer) and executive director of the Miami Downtown Development Authority. The Miami DDA is proposing a reduced millage rate of 0.4673. The final millage rate and budget for the Miami Downtown Development Authority is 0.4673, which is a 13.12 percent increase over the rollback rate of 0.4131. This is the final proposal. Thank you. Chair King: Thank you. City of Miami Page 5 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 BH.3 ORDINANCE 14477 Office of Management and Budget AN ORDINANCE OF THE MIAMI CITY COMMISSION RELATED TO TAXATION, DEFINING AND DESIGNATING THE TERRITORIAL LIMITS FOR THE CITY OF MIAMI ("CITY"); LEVYING AN AD VALOREM TAX ON ALL REAL AND PERSONAL PROPERTY IN THE CITY AT A TOTAL TENTATIVE RATE OF 7.8078 MILLS ON THE DOLLAR OF THE TAXABLE VALUE OF SUCH PROPERTY, FOR THE PURPOSES OF FUNDING THE GENERAL OPERATING BUDGET AND PAYMENT OF DEBT SERVICE, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023, AND ENDING SEPTEMBER 30, 2024; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14214 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes Chair King: We have taken care of BH.1 and BH.2. We are now going to take up the vote for BH.3, the millage. I'm going to ask that Commissioner Reyes, who has been watching from his office, public comments, join us. Victoria, while we wait for Commissioner Reyes, would you please read the title into the record for BH.3 and BH. 10? Victoria Mendez (City Attorney): Yes, Madam Chair. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: That's BH.3. Chair King: May I have a motion for BH.3? Commissioner Reyes: Move it. Chair King: Second? All in favor? Todd B. Hannon (City Clerk): Sorry, Chair. The seconder is? Chair King: Sabina. Mr. Hannon: Commissioner Covo? Chair King: She's the second, yes. Commissioner Covo: Yes. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 6 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 BH.4 14432 Downtown Development Authority RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PROPOSING AN ADDITIONAL FINAL MILLAGE RATE FOR AD VALOREM TAXATION PURSUANT TO SECTION 200.065, FLORIDA STATUTES; DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT ("DISTRICT") OF THE CITY OF MIAMI, FLORIDA ("CITY"); LEVYING AN ADDITIONAL AD VALOREM TAX ON ALL REAL AND PERSONAL PROPERTY IN THE DISTRICT AT THE RATE OF 0.4681 MILLS ON THE DOLLAR OF TAXABLE VALUE OF SUCH PROPERTY IN SAID DISTRICT FOR THE PURPOSE OF FINANCING THE OPERATION OF THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023, AND ENDING SEPTEMBER 30, 2024; PROVIDING THAT SAID FINAL MILLAGE SHALL BE IN ADDITION TO THE MILLAGE ADOPTED BY THE CITY COMMISSION PURSUANT TO ARTICLE VII, SECTION 9 OF THE FLORIDA CONSTITUTION AND SECTION 166.211, FLORIDA STATUTES, AS WELL AS ANY SPECIAL ASSESSMENTS IMPOSED BY THE SAME; PROVIDING THAT THIS RESOLUTION SHALL NOT BE DEEMED AS REPEALING OR AMENDING ANY OTHER RESOLUTION OR ANY ORDINANCE FIXING MILLAGE OR LEVYING TAXES, BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION THERETO; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0443 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes Chair King: May I have a motion for BH.4 separately? BH.4. Vice Chair Carollo: Move. Chair King: Second? It's a move -- Commissioner Reyes is the mover. Commissioner Carollo is the second. All in favor? The Commission (Collectively): Aye. Chair King: Now, may I --? Victoria Mendez (City Attorney): As amended. Chair King: As amended. Commissioner Reyes: As amended. Chair King: Yes. City of Miami Page 7 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 BH.5 14433 Downtown Development Authority RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE FINAL ANNUAL BUDGET OF THE DOWNTOWN DEVELOPMENT AUTHORITY ("MIAMI DDA") OF THE CITY OF MIAMI, FLORIDA ("CITY"), ATTACHED AND INCORPORATED IN COMPOSITE EXHIBIT "A," IN THE TOTAL AMOUNT OF $17,346,000.00, AND MAKING APPROPRIATIONS FROM THE DOWNTOWN DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER MISCELLANEOUS INCOME FOR THE MIAMI DDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023, AND ENDING SEPTEMBER 30, 2024; AUTHORIZING THE MIAMI DDA TO MAKE TRANSFERS BETWEEN ACCOUNTS FOR NECESSARY AND PROPER PURPOSES; AUTHORIZING THE MIAMI DDA TO INVITE AND ADVERTISE REQUIRED BIDS; PROVIDING THAT THIS RESOLUTION BE DEEMED SUPPLEMENTAL AND IN ADDITION TO THE RESOLUTION MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023, AND ENDING SEPTEMBER 30, 2024, FOR THE OPERATIONS OF THE CITY OF MIAMI. ENACTMENT NUMBER: R-23-0444 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Chair King: Now, may I have a motion, for BH.5, 6, 7, 8, as amended -- Vice Chair Carollo: Move. Chair King: -- 9, and 10. Vice Chair Carollo: Move. Chair King: Got a mover. Commissioner Reyes: Second. Chair King: Second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Thank you all for being present. Commissioner Reyes: Madam Chair, before we close this budget session, I would like to ask the City Manager to try to find some, I might call it, economic relieffor certain part of our population which are the ones that are most affected by the rate of inflation that we have, and that is our retirees, persons that are living on that fixed income. And what I am requesting is that you see if you can find some funds, some money, so we can return or send there a check, particularly to those persons that are over 65, retired, and they are homeowners, and they are homesteaded. The -- Vice Chair Carollo: I qualify for that. City of Miami Page 8 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 Commissioner Reyes: Yes, sir. Because 1 was thinking about you when 1 said it. I was thinking about you. But could you please, before the mid -year, see if we can mail them some relief funds, economic relief monies so they can -- we can -- as little as we can help them, every little bit helps. Arthur Noriega (City Manager): Commissioner, I know we obviously had discussed that in the budget briefing. We intend to bring back to the Commission, during the end of year budget amendment, a plan for that, specifically to address that. Commissioner Reyes: Thank you, sir. Thank you very much. Chair King: Thank you, everyone. Victoria Mendez (City Attorney): Madam Chair, and we did the pocket? I'm sorry. Commissioner Reyes: No, we don't need a pocket. Chair King: Which was the pocket? Yes, we did. Ms. Mendez: Allowing me to sue? Chair King: Yes. Ms. Mendez: Yes? Okay. Chair King: Yes, we did. Ms. Mendez: Thanks, sorry. Chair King: This concludes our budget hearing. Thank you everyone for attending. I look fonvard to seeing you again. Commissioner Reyes: Thank you very much. Chair King: Thank you. Commissioner Reyes: It's nice to be here. I miss you guys. BH.6 RESOLUTION 14519 Southeast Overtown/Park West CRA A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND APPROVING THE 2024 ANNUAL BUDGET OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), ATTACHED AND INCORPORATED AS EXHIBIT "A", IN THE TOTAL AMOUNT OF $106,689,040.00 FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2023, AND ENDING SEPTEMBER 30, 2024. ENACTMENT NUMBER: R-23-0445 City of Miami Page 9 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number BH.7, please see Item Number BH.5. BH.7 RESOLUTION 14510 Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE MIAMI ARTS AND ENTERTAINMENT COUNCIL ("MAEC"), ATTACHED AND INCORPORATED AS EXHIBIT "A", IN THE AMOUNT OF $49,223.37 TO PROVIDE FOR THE MANAGEMENT, OPERATION, MAINTENANCE, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2023, AND ENDING SEPTEMBER 30, 2024. ENACTMENT NUMBER: R-23-0446 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number BH. 7, please see Item Number BH.5. BH.8 RESOLUTION 14652 OMNI Community Redevelopment Agency A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND APPROVING THE ANNUAL GENERAL OPERATING AND TAX INCREMENT FUND BUDGET OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA"), ATTACHED AND INCORPORATED AS EXHIBIT "A," IN THE TOTAL AMOUNT OF $62,699,229.00 FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2023, AND ENDING SEPTEMBER 30, 2024. ENACTMENT NUMBER: R-23-0447 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number BH.8, please see Item Number BH.5. City of Miami Page 10 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 BH.9 RESOLUTION 14645 Office of Management and Budget BH.10 14562 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADOPTING A FINAL BUDGET AND MAKING APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023 AND ENDING SEPTEMBER 30, 2024; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED CITY OFFICIALS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND FOR GRANTS IN PROGRESS AND OTHER FUNDING SOURCES IN PROGRESS AND FOR NECESSARY RELATED DOCUMENT NEGOTIATIONS AND EXECUTIONS; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0448 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number BH.9, please see Item Number BH.5 and "Public Comments for all Item(s)." ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION MODIFYING THE NUMBER OF ATTORNEYS IN THE OFFICE OF THE CITY ATTORNEY ("OCA") WITH FUNDING, IF NEEDED, TO BE APPROVED BY SEPARATE RESOLUTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14215 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For additional minutes referencing Item Number BH.10, please see Item Number BH.5. Victoria Mendez (City Attorney): I'm sorry, Madam Chair. BH.4, that one was as amended, as Ms. Crespi -- Commissioner Reyes: Yes. Ms. Mendez: -- had advised. City of Miami Page 11 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 Chair King: I said as amended, yes. Ms. Mendez: Sorry, 1 heard BH.8. I'm sorry. Chair King: Now, could you please read the title into the record for BH.10 so we may consider it? Ms. Mendez: BH.10. The Ordinance was read by title into the public record by the City Attorney. Chair King: Oh, okay. NA - NON -AGENDA ITEM(S) NA.1 RESOLUTION 14794 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City Commission ATTACHMENT(S), AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY, IN LAW OR EQUITY, AGAINST THE FLORIDA DEPARTMENT OF REVENUE ("DEPARTMENT") REGARDING THE DEPARTMENT'S POSITION THAT THE CITY'S ADOPTION OF A MILLAGE RATE FOR UPCOMING FISCAL YEAR IS NOT IN COMPLIANCE WITH STATE LAW. ENACTMENT NUMBER: R-23-0449 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Victoria Mendez (City Attorney): Now, Madam Chair, I just briefly wanted to thank Commissioner Reyes for corning here because even though he's ill, for this particular item because the State is giving us a hard time about what a unanimous vote is. We have advised them that the unanimous vote of this Commission is four, and you have just voted as four. They are saying that it is five, which is a legal impossibility right now, as you all know. We are going to potentially, if you allow us, have to sue the State in order for them to accept this vote as a unanimous vote of this Commission with four votes. So, we really thank Commissioner Reyes for helping us with this. Chair King: Do you need a motion for that? Ms. Mendez: Yes, we need a motion to allow us to sue the State in addition. Vice Chair Carollo: So move. Commissioner Reyes: Hold on a second. Hold on because I don't understand. Chair King: They're saying we're not unanimous. We need -- Commissioner Reyes: We need -- most of these is fourrft1 Ms. City of Miami Page 12 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 Chair King: No -- yes, but the State is saying that we need five. Ms. Mendez: Five. Chair King: And it's impossible for us to have five. Commissioner Reyes: Well, it's physically impossible. Ms. Mendez.: Correct. Commissioner Reyes: Okay. Ms. Mendez: Correct. And then we didn't want to overcomplicate the lawsuit by saying, oh, and we had one remote and thank you for helping us with this by coming here today. Commissioner Reyes: You know, Vicky, I'm so tired of being suing, suing, and suing, suing, suing. Ms. Mendez: I'm sorry. Commissioner Reyes: I mean, we spent so much money in -- Ms. Mendez: I know. Chair King: Right. Now, because this is a pocket item, is there anyone that would wish to speak on this item, the issue of the City of Miami suing the State of Florida to accept unanimous consent as the four of us. Arthur Noriega (City Manager): So, for purposes of just one minor clarification, that litigation or potential challenge to the State will only come about should they cite us for noncompliance. Commissioner Reyes: Okay. Mr. Noriega: Right? So, that only happens if they do find us in violation. Chair King: In the event of noncompliance. Mr. Noriega: If they do not, then this will be a non -issue. Chair King: Okay. Is there anyone that would like to speak on behalf of this issue? Good evening. Brenda Betancourt: Good evening. Brenda Betancourt, 1436 Southwest 6th Street. I believe that the City has the right to do four votes. I think it would be correct at a certain point if they decide to not accept the budget, you are in the boundary since the Governor's decision of removing one of the Commissioners should be enough jro them to understand that it's not the willing of this board not to have five. And it's not feasible, and it was actually requested by us, the residents of the City of Miami, for you guys not to appoint a person. So, I think it's only fair for you as our representative to let the State understand as well if they do decide to not accept the budget, that we, the people, asked you, our representative, to not appoint a person. And if that is the reason that you guys are going to have to go and sue the state, I think it's only fair for you to decide and do a sue. It doesn't make sense that they would do something like that because they actually removed a commissioner. So, it's City of Miami Page 13 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 not on your hands. It's something that you have to decide to accept the willing of the people to go into election in November. So, I think it's only fair for you to defend our point of view, the budget to move forward so you guys can actually do the business of the people. Thank you. Chair King: Thank you. Ms. Mendez: And I wanted to point out briefly, Ms. Betancourt, thank you for that as well. The -- we had reached out -- in an abundance of caution, the City had reached out prior to our hearing on the appointment and they said that 4-4 was fine. They changed their mind on Tuesday night, just two days ago. So, if we would have had this information, maybe the Commission could have made another decision, but obviously, we did not have this information either, so we're kind of stuck right now. Commissioner Reyes: Okay. Chair King: Thank you. Commissioner Reyes: Okay, thank you. Chair King: Moving along, may I have a motion? Todd B. Hannon (City Clerk): Chair, my apologies. Just for the record, you're closing the public comment period. Chair King: Public comment period has been closed. May I have a motion for BH.4, 5, 6, 7, 8, and 9? Vice Chair Carollo: Move. Commissioner Reyes: Second. Chair King: 8, as amendment -- as amended. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Mr. Hannon: Chair, my apologies, for NA.1, there was a moves, but I didn't have a second. Commissioner Reyes: Second. Chair King: Second, Commissioner Reyes. Mr. Hannon: And the vote? Chair King: Unanimous. Commissioner Reyes: Unanimous. Ms. Mendez: BH.4 -- Chair King: Madam -- yeah. END OF SECOND BUDGET HEARING City of Miami Page 14 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 ADJOURNMENT The meeting adjourned at 5: 48 p.m. City of Miami Page 15 Printed on 11/03/2023