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Home My WebLink AboutCC 2024-01-11 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, January 11, 2024 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 Miguel Angel Gabela, Commissioner, District One Damian Pardo, 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 January 11, 2024 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo, Commissioner Gabela, Commissioner Pardo and Commissioner Reyes On the llth day of January 2024, 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 9:07 a.m., recessed at 1:04 p.m., reconvened at 3:30 p.m., and adjourned at 8:01 p.m. Note for the Record: Commissioner Pardo entered the Commission chambers at 9:09 a.m., Commissioner Gabela entered the Commission chambers at 9:13 a.m., and Commissioner Reyes entered the Commission chambers at 9:39 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: And at this time, as I do every meeting, we're going to begin the meeting with prayer. We got to get the pastor. While we're waiting for the pastor to attend, I would like to welcome everyone to the annual MLK (Martin Luther King) community breakfast. It will be on Monday, January 15th, at the MLK Business Center, located on 62nd Street, Northwest 7th Avenue. We have done this breakfast for years as a welcoming fellowship prior to attending the MLK parade, which is located in Liberty City. It is free to the community. I hope all of you will attend. And I have gotten this for all of my colleagues because I hope that all of you will attend. Oh, and we have now, without further ado, Pastor Goodwin, who will lead us in prayer today. Invocation delivered. Chair King: Thank you, Pastor. And at this time, Commissioner, would you lead us in the pledge of allegiance? Pledge of allegiance delivered. City of Miami Page 1 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 15389 Honoree Presenter Protocol Item Coconut Grove Cowboys Football Team Mayor and Commissioners Salute Miami Police Department SIS Team Mayor and Commissioners Proclamation RESULT: PRESENTED Chair King: Good morning, everyone. (COMMENTS MADE OFF THE RECORD) Chair King: Welcome to the City of Miami Commission meeting for December -- for January 11, 2024, our first meeting of the new year. Happy New Year. (FOREIGN LANGUAGE). We are going to start our proclamation portion, our recognition portion of the meeting. Presentations made. Chair King: This shall conclude the presentation/proclamation portion of our meeting. We're going to get started with the Commission meeting. I want to make an announcement that there shall be no disruptive behavior today in the chambers. Clapping is only allowed during our proclamation/recognition portion of the meeting. There shall be no disruptive behavior, including clapping, screaming, and anything else. If there is disruptive behavior, you will be removed from chambers without exception. 1) Mayor Suarez and Commissioners presented a Salute to the Coconut Grove Cowboys Greater Miami Pop Warner League in recognition of winning the Pop Warner National Division 2 9U Championship. Pop Warner was founded in 1929 and continues to grow and serves as the only youth football, cheerleading & dance organization that requires its participants to maintain academic standards in order to participate. Elected Officials paused in their deliberations to celebrate the Team's victory and recognize the efforts of each player, coach and parent who dedicated their time and effort during the season. Furthermore, Elected Officials thanked the Team for representing the City of Miami with distinction and wished them continued success. 2) Mayor Suarez and Commissioners presented a Proclamation to the Miami Police Department's Special Investigations Section ("SIS) in recognition of National Eliminate Human Trafficking Day. Members of the SIS Unit work tirelessly to find and rescue victims of human trafficking who are exploited and subject to demeaning forms of abuse by traffickers. Elected Officials paused in their deliberations to raise awareness about human trafficking and remind the community of the vital role they play in combating the issue. City of Miami Page 2 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 ORDER OF THE DAY Chair King: I'm missing two of my colleagues, one I know for sure is here, Commissioner Pardo and Commissioner Reyes. I'll give them a few minutes. In the meantime, I'll have our City Attorney read her statement into the record. Victoria Mendez (City Attorney): Thank you, Madam Chair. Detailed information about the process, order of business, rules of procedure, and 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 the related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the code section about lobbyists is available in the City Clerk's Office or online at 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 section is available at the Office of the City Clerk or online at www.municode.com. 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 and materials will be entered into the record at the City Commission's discretion. In accordance with Section 2-33 0) 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 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 9:00 a.m. and remain open until public comment is closed by the Chair. Members of the public wishing to address a body may 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 during the online 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 that elected officials may consider the items and 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, their staff and City Administration 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 subject to any and all City rules as 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, 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's Office on items on the agenda today. Anyone wishing a verbatim record of the item considered at this meeting may request it at the Office of Communications or view it online at www. miamigov. com. City of Miami Page 3 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 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 an applicant, appellant, appellee, City staff, and any recognized member by the decision -making body as a qualified intervenor, as well as applicants, representatives, and any experts testing on behalf of the applicant, appellant, or appellee may be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk. The members of the City Commission shall disclose any ex parte communications pursuant to Florida Statutes Section 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 the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have. Please silence all cell phones and other noise -making devices at this time. This meeting can be viewed on Miami TV, the City's Facebook page, the City's Twitter page, and the City's YouTube channel, and Comcast Channel 77. The broadcast will also have closed captioning. Thank you. Chair King: Thank you, Madam City Attorney. Mr. City Clerk, would you please read your statement in for the record? Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony to be sworn in for Planning and Zoning items and any quasi- judicial items on today's City 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 explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for Planning and Zoning items and/or quasi-judicial items. Commissioners, are you comfortable with all the notice provisions set forth in these uniform rules and procedures we have established for this meeting? Chair King: Yes. Mr. Hannon: Chair, may I administer the oath? Chair King: Please. Mr. Hannon: Thank you. Good morning ladies and gentlemen. If you will be speaking on any of today's Planning and Zoning items, the PZ items, may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair King: Thank you. Mr. City Manager, are there any items on the agenda 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: RE. 12, to be withdrawn, and PZ.2, to be withdrawn. And that concludes the items. City of Miami Page 4 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: Mr. Vice Chair, do you have any items that you would like to defer or withdraw? Vice Chair Carollo: Not at this moment. Chair King: Commissioner Gabela, do you have any items that you wish to defer or withdraw? Commissioner Gabela: I'd like to defer two items, the -- I'm sorry. The veto, MV.1, to defer, meaning later on in this -- in this meeting today. Chair King: You mean, I think procedurally, and I'll look to Todd, procedurally we have to take the mayoral veto up first unless we take other items? Mr. Hannon: You simply just need to reference mayoral -- MV.1 before proceeding with other business for the day. You could certainly, after referencing MV.1, table it if you want to hear another item before it or at the same time. Chair King: Okay. All right. Mr. Hannon: But you cannot defer it to another meeting. Commissioner Gabela: No, I don't want to defer it to another meeting. Chair King: No, he just said later, to later. Commissioner Gabela: And then also the other resolution -- I'm trying to find it here. Chair King: Take your time. Commissioner Gabela: RE.17. Chair King: RE.17? Withdraw? Commissioner Gabela: Withdraw. Mayor Suarez: Madam Chair, if I may. Chair King: Commissioner Gabela -- I mean, I'm sorry, Commissioner Pardo. Commissioner Pardo: I'd like to defer items PH.3 and companion item PZ.1 -- Chair King: PZ. 1, got it. Commissioner Pardo: -- to January 25th. Chair King: Okay. Commissioner Pardo: And I'd like to add -- I don't know if this is the right moment -- to the discussion items, the billboard in front of the Frost Museum. Chair King: You would like to add that -- Commissioner Pardo: Yes. Chair King: -- as a discussion item? City of Miami Page 5 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Pardo: Yes, please. Vice Chair Carollo: PH -- Chair King: Okay. PH.3 and PZ.1. Mr. Noriega: And just for clarity, you -- Commissioner, you want those deferred to the next meeting, January 25th? Commissioner Pardo: Yes. Mr. Noriega: PH.3 and -- Commissioner Pardo: Yes, I mentioned January 25th. Mr. Noriega: Yeah, yeah. Commissioner Pardo: Yes. Mr. Noriega: I didn't quite get it. Commissioner Pardo: No worries. Commissioner Gabela: And Madam Chair, I've got one more that I forgot. Chair King: Okay. Commissioner Gabela: I'd like to defer, if possible, for the first meeting of February, PZ.6. Chair King: PZ.6. Mr. Hannon: That would be to the February 8, 2024 City Commission meeting. Is that okay, sir? Commissioner Gabela: That's fine. Ms. Mendez: Would that be PZ.6 and the accompanying PZ. 7? Chair King: PZ.6 and 7, it's a companion item? Commissioner Gabela: Yes, I'm sorry. Ms. Mendez: One 's the land use. Commissioner Gabela: PZ.6 and 7, that is correct. Chair King: Okay. Commissioner Gabela: Thank you for pointing that out. Chair King: Mr. City Clerk, can you read back all of the items that are proposed to be withdrawn and/or deferred to make sure that we all have it? Mr. Hannon: Yes, ma'am. RE.12, for it to be withdrawn; RE,12, to be withdrawn. PZ.2, to be withdrawn. RE.17, to be deferred to January 25th, 2024. PH.3 and PZ.1 -- City of Miami Page 6 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: Hold on, Todd. Slow down, slow down. RE.12, to be withdrawn. RE (Resolution) -- Mr. Hannon: PZ.2, Papa Zulu Dot Two, PZ.2 to be withdrawn. RE.17, to be withdrawn. Chair King: Hold on because we have to go back and forth. I was hoping that you would do it in order. Commissioner Gabela: Did you say RE.11 or RE.12? Chair King: RE.12. Commissioner Gabela: RE.12. Chair King: And RE. 17 is withdrawn? Mr. Hannon: Yes. Chair King: Okay. Go ahead. Mr. Hannon: PH.3 and PZ.1 are to be deferred to January 5th, 2024. PZ.6 and PZ.7 are to be continued to the February 8th, 2024 City Commission meeting. And Commissioner Pardo has a pocket item, a pocket discussion item, which, Chair, should be labeled as PI.1. Vice Chair Carollo: Which is that? Mr. Hannon: I believe it has to do -- it's a discussion item regarding a billboard. Commissioner Pardo: You could put outdoor advertising. Mr. Hannon: Outdoor advertising. Commissioner Pardo: But it's the billboard in front of the Frost. Mr. Hannon: And Chair, should we ident fy that as PI.1 ? Chair King: PI.1, thank you. Do I have a motion? Vice Chair Carollo: Move. Chair King: I've got a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: The agenda has now been set. [Later...] Chair King: Good afternoon, everyone. Welcome back to the City of Miami Commission meeting for January 11 th, 2024. We are going to begin. Mr. City Manager, Mr. City Clerk, I have a request by one of my colleagues. He would like to withdraw and/or defer some items from the agenda. Commissioner Gabela? Commissioner Gabela: Yes, I would like to withdraw RE. 18. Chair King: They can 't -- pull your mics closer. City of Miami Page 7 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Gabela: I didn't have -- sorry. Chair King: Oh, he didn't have it on. Commissioner Gabela: I didn't have them on. Chair King: And pull them closer as well. Commissioner Gabela: So, Madam Chair, I would like to withdraw Item RE.18 and DL8 and then defer RE.19, if that's okay with you -- Chair King: Okay. Commissioner Gabela: -- and the rest of the commissioners? Chair King: Defer -- withdraw RE.18. Commissioner Gabela: Correct. Chair King: Defer RE.19. Commissioner Gabela: Withdraw RE.18, withdraw DL8, and then defer RE.19. Chair King: Until? Second meeting in February? Commissioner Gabela: For RE.19? I believe that's in your district. Commissioner Pardo: Yes, February. Chair King: Second meeting? Commissioner Pardo: First. Chair King: First meeting in February. Todd B. Hannon (City Clerk): That will be February 8th. Chair King: Do I have a motion? Commissioner Reyes: I move it. Commissioner Pardo: I'll make the motion. Chair King: I have a first and second. Commissioner Gabela: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Commissioner Reyes: Okay. City of Miami Page 8 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 PUBLIC COMMENTS FOR ALL ITEM(S) 15374 DISCUSSION ITEM Office of the City Clerk PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE JANUARY 11 , 2024, CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: Mr. Mayor, do you have it? Mayor Suarez: No, I mean, I know you're going to open up the public comment. Chair King: I am. Mayor Suarez: I think we should take the mayoral veto item first as it's required by our State statute, I'm sorry, by our ordinance. And, you know, I would -- and of course, the Commission has every right to do whatever the Commission feels. Commissioner Gabela: Okay, I was waiting for Manolo Reyes to get here. Mayor Suarez: He's right there. Commissioner Gabela: Oh, there he is. Mayor Suarez: Yeah. So -- Chair King: (FOREIGN LANGUAGE), Commissioner. Commissioner Reyes: How you doing? Good morning. Chair King: Happy New Year. Mayor Suarez: So I -- Chair King: Good to see you. Commissioner Reyes: (UNINTELLIGIBLE). Chair King: So, we're going to have public comment first. Mayor Suarez: Sure. Chair King: And -- Commissioner Gabela: You know what, I withdraw. Mayor Suarez: That's fine. Commissioner Gabela: Okay. So I withdraw the veto. City of Miami Page 9 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: Oh, okay, okay. At this time, if there's anyone that would like to speak on any item that is before us today, please come to the podiums. Good morning, Elvis. Elvis Cruz: Good morning, Commissioners. Elvis Cruz, 631 Northeast 57th Street. I would like to speak to all the items on the agenda, or more specifically, the way public comment has changed in the past few years. As some of the more long-standing Commissioners will remember, the public used to be able to speak to an individual item when it would come up on the agenda. That made a lot of sense. We have an attorney as our chairwoman. Imagine, if you will, going into court and you have to present your case on the entire docket for that day before the prosecution makes their opening statement. That makes no sense. What I would highly recommend is a hybrid system where you have morning comment as we see here so that all these nice folks that need to go to work, they can come in, say their piece, and go. But for those who wish to speak to a specific item, especially PZ (Planning and Zoning) items that are now being bundled, you should -- the public should be able to speak to each individual PZ item because quite often we have an interest in more than one. Again, that's the way it was done for many years. That is fair, that is logical, that is equitable. I would ask you to please bring that back in a hybrid system as I've just mentioned. Thank you so much for listening. Chair King: Thank you. Good morning. Andy Parrish: Good morning, Commissioners. Andy Parrish, 3940 Main Highway. I certainly agree with Elvis on that. I hope everybody does. PZ.10, which is coming up today, is a very bad idea. It will create an entirely new zoning category, enhanced T5, out of thin air. T5 is the zoning category that now allows five -story mixed -use buildings, max height 75 feet. Enhanced T5, which you're going to be asked to do today, would allow eight -story buildings up to 122 feet tall as of right. They don't have to come back to you at all again, so long as they're not abutting single-family homes and duplexes. That means, not abutting means as little as one lot away. So, imagine getting up in the morning, looking out your bedroom window at a 120-foot high building 50 feet away. Planning staff has recommended, unbelievably, Planning staff has recommended enhanced T5 and Opportunity Zones close to Metrorail, provided the developer offers 10 percent attainable housing and other public benefits, like landscape enhancements and mobility connections. While such public benefits are good to have, they must be openly negotiated in public hearings to avoid the unintended consequence of accelerating the gentrification of our neighborhoods, of our poor neighborhoods in particular. Miami 21 requires successional zoning. That's what it's based on, meaning each zoning category must gradually step down to the next so that you don't have high- rise buildings next to two-story buildings without no buffer between them. This proposed enhanced T5 ordinance is an end run around Miami 's zoning requirements by developers who want to upzone without public hearings and they put tremendous pressure on our Planning staff to recommend this terrible legislation. I hope you will defeat it today. Thank you very much. This is really bad legislation. [Later...] Chair King: Good morning. Wendi Walsh: Good morning, Mayor, Commissioners. My name is Wendi Walsh. I am the principal officer for UNITE HERE! Local 355. We are the hospitality workers union here in South Florida. My address is 152 Northeast 89th Street. I'm here to speak on PH5 funding for the MLK (Martin Luther King) EDC (Economic Development Corporation), in particular for the Wheels to Work Program. Back in 2017, the Miami Herald ran a four page spread with a front page cover highlighting one of our hotel housekeepers who lives here in the City of Miami but works at the Fontainebleau Hotel in Miami Beach. She took three buses to get to work. It took her two hours each way, turning her eight -hour day into a 12-hour day, taking away time from her family, from City of Miami Page 10 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 her time to rest, and from having just any kind of quality of life. Since then, we have had two hospitality workers who have been recipients of the Wheels to Work Program. One is Eli Philippe, a worker at the Marlins Stadium, a concessions worker who walked to work two hours each way. And as you can imagine, the work at Marlins Stadium is intermittent and only six months of the year, depending on the success of the Marlins. And so he had to put together other work, taking many other gigs, and it made it incredibly difficult without a car and access to good transportation. While I appreciate the efforts that the County is making to try and improve public transportation, we are far from adequate here in South Florida. Studies show that 84 percent of low -wage workers turn down a good job because they don't have access to adequate transportation. The Wheels to Work Program gives a leg up for some workers to be able to get a good job and to have a decent quality of life. It has made a difference for our members and for hospitality workers and other low -wage workers here in South Florida and I would encourage you to support the funding. Thank you. Chair King: Thank you. Good morning. David Centner: Good morning, Madam Chair, fellow Commissioners, members of the professional staff Mr. Mayor, how are you? Thank you for the opportunity to speak today. My name is David Centner. My address is 3050 Biscayne Boulevard and I'm speaking against RE.19. I am a native of Miami, having grown up somewhat underprivileged in the Westchester area of South Miami. Through hard work, I achieved success and desired to share the success with the residents of Miami through philanthropic contributions, focusing our efforts on women and children primarily. Today we give to countless organizations, including a multi -million dollar grant to Lotus Village as one example of many. We also started a school, Centner Academy. Today we provide more than a million dollars a year personally in scholarships, as well as subsidized housing for almost 50 teachers so that they too can live and work in the City of Miami. Our middle school on 19th Street happens to be directly across from Biscayne Park, which forever has been no more than a rocky field, locked up, available to no one every evening and weekends. On August 19th, 2019, four and a half years ago, we approached then District 2 Commissioner Ken Russell with a pledge to donate $10 million for a state-of-the-art climate -controlled indoor park, which will be built and then donated to the City, while also funding all of the ongoing costs. In other words, a full donation in every sense of the word. Our donation was considered at public hearings no less than seven or eight times, won unanimously every time other than one, and ultimately led to a license agreement executed by all members of the professional staff. Since then, at great time and expense, we've been working aggressively on the park's design and civil engineering. The media has been painfully unkind and unfair to my wife and me with much insinuation of wrongdoing. Chair King: Thank you. Thank you. 2 minutes. Mr. Centner: Oh, that's it? I didn't see the clock. Where's the clock? Chair King: It beeped twice. Mr. Centner: Oh, that 's what the beep is. Chair King: Good morning. Stanley Young: Good morning on a rainy birthday day for myself. I thank you, Commissioner, for hearing us today. My name is Chaplain Stanley Young of Freedom Prison and Jail Ministry, located at 500 Northwest 2nd Avenue here in the City of Miami where most of your homeless shelters are located, most of the homeless people are located here in the City of Miami. I have spoken with a couple of Commissioners about starting a panel to actually address this issue that is in your city. I walk the streets City of Miami Page 11 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 of Miami on a weekly basis, talking to the people that live inside of these tents, that live on your streets, to try to get them into the shelters, try to get them into treatment centers, try to get them into mental health, try to help them better their life. And one of the most frustrating thing is is the shelters are full, they have no room. They're very competitive. Then mental health hospital is still not open. And the reason why there's such a backlog is because there's no affordable housing. That's why I'm supporting PH2 for the City of Miami to help this backlog to get people off the streets is to develop more affordable housing in the City of Miami that will help the homeless that are living on the streets. Florida is number three in the nation coming to homelessness. There's California, there's New York, and there's the State of Florida. Miami -Dade County is number one in the State of Florida when it comes to homelessness. We have a homeless problem in your city that needs to be addressed on an ongoing basis. And I thank you for your time and for your effort -- Chair King: Thank you. Mr. Young: -- for what you're doing. God bless you and Happy New Year. Chair King: Thank you. Good morning. Jaime Mandel: Good morning. I'm submitting these handouts for the public record and would ask the Clerk to please distribute them accordingly. Good morning, everybody. My name is Jaime Mandel, 3050 Biscayne Boulevard. I am -- Unidentified Speaker: Put the mic closer. Ms. Mandel: Closer here? Okay. My name is Jaime Mandel, 3050 Biscayne Boulevard, and I am David and Leila Centner's personal attorney, and I'm here to speak out against RE.19. I just passed out a handout which illustrates what Biscayne Park looks like today, which is a grassy and muddy field, and also includes a rendering of what would be built there if their donation is permitted to stand. There's been a lot of non- factual, unfair, and mean -spirited portrayals in the media about this donation, which are simply not true. The park is not being privatized, and in fact, some of the benefits that would be granted to the donor are actually less under the license agreement than what exists today. The donor is required to spend a minimum of $10 million to improve and enhance a public park. This includes a climate -controlled indoor park with 140,000 square feet of fields for things like soccer and lacrosse, and -- as well as tennis courts and basketball courts, an outdoor passive park, a 2,000-square foot building for park office space, a weight room, storage and concession stand, and new on -site parking. The donor is not only required to build all of this at the donor's own expense with no cost to the City, but then to gift it once fully completed to the City, reserving no ownership or lease rights over the property. This puts the complete onus of this project on the donor and gives the City a fully built out beautiful athletic complex with no risk. It includes putting in services like drainage and sewers and also an obligation to both maintain the park and security for the park once this is completed. The park will remain a public park at all times. Please make the right call and reaffirm the City's acceptance of the donation by voting against RE. 19. Thank you for your time. Chair King: Thank you. Good morning. Debbie Dolson: Good morning. Good morning. Debbie Dolson, 4205 Lenox Drive, Coconut Grove. There are a lot of wonderful items on the agenda today, and I hope that some of them will pave a path to honesty and integrity away from the corruption and personal gain that we've been experiencing in Miami. First of all, I would like to support overturning the Mayor's veto, MV..1. RE.14 and 15, adding an independent inspector general and retaining an independent auditor are both badly needed. DI.7, establishing a City Charter Committee to examine our City's needs for now and the City of Miami Page 12 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 future is critical. And mostly I was going to comment on RE.17, which has been withdrawn and I'm disappointed to see that that has happened. I hope that in the future, either a court decision or action taken by this Commission will do what RE.17 was stating to amend the jurisdictional boundaries of District 1 and 2 and restoring the District 2 portion of Coconut Grove that was removed from it and moved to District 3. It's time to respect the residents who live in District 2 and restore Coconut Grove to One Grove. Thank you. Chair King: Thank you. Good morning. Raymond Fernandez: Good morning. My name is Raymond Fernandez. I'm at 4920 Southwest 73rd. And I'm a native, local, born in Mercy Hospital, and I have a seven- year -old. And one of my concerns growing up, watching what's been happening is that the development is really too much, and it's lacking parks. And this park means a lot to me, and a lot of my friends and families, because we always look for parks to go to, so we have to go almost out of the City to look for parks. And that's very hard (UNINTELLIGIBLE) growing up here. The -- an example is the Coconut Grove Cowboys. They can have a facility. They're number one in the nation now. Imagine if they can have a facility and the other schools in the City of Miami. They can continue practicing throughout the year. That's a phenomenal opportunity for our city and for the nation to see how wonderful the City of Miami has and a special location that the kids can practice indoor, no matter what the situation is outdoors in the climate, what's happening. I'm opposing the resolution and thank you for listening to me. Chair King: Thank you. Good morning. John Dolson: Hi, John Dolson, 4205 Lenox Drive, Coconut Grove, Florida. This is an important day. Many items are proposed here that may begin to repair the reputational -- the reputation that Miami has as a corrupt City Commission, City employees. And whether it's true or not, let's put some oversight on this. We have one of the worst reputations in the country, let's face it. First, RE.11, remove City Attorney Victoria Mendez. Enough is enough. That's one step. RE.15, support retaining an independent auditor to look into the honeypot that has become the CRA (Community Redevelopment Agency) and look into other boards and City trusts. That's one ofManolo Reyes' thing, long overdue. Third, commenting on item -- Discussion Item 4, restore oversight of the Bayfront Park Management Trust, the Omni CRA, and Downtown Development Authority to District 2. They should never have been removed out of District 2 for oversight by commissioners from other districts. And like my wife, I'm distressed that RE.17 has been removed temporarily here. Restore the Grove. When it was broken up, let's face it, it was done for personal gerrymandering gain. One, to move Commissioner Carollo's house into his district. And the second one, to disallow Commissioner Gabela from running. Let's get it back. And lastly, stop hassling Commissioner Gabela. He got elected. He belongs to be up on the dais. Thank you very much. Commissioner Gabela: Thank you, sir. Chair King: Thank you. Good morning. Adrian Sanchez: Good morning. Adrian Sanchez, 50 Southwest 30th Road. I own a real estate brokerage, Wire Miami, Brickell Downtown, and Edgewater. As a broker, I've worked closely with some of the biggest names in real estate development, including some you're quite familiar with, Michael Stern of JDS. I mention them here because I helped them put together a deal with the City for a new fire station in Brickell. But unlike the Centners, who care about their community, JDS just wants to maximize profits. So, the public benefit of building a new fire station and improving adjacent parks was in their eyes a necessary evil so they could build their monstrous 62-story, 1,400-unit high-rise. Of course, that was approved, no RFP (Request for Proposals) City of Miami Page 13 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 needed. This is just one instance of questionable Commission approvals that only serve to benefit developers. Yet here, the Centners are not huge luxury condo developers trying to squeeze the most out of public property to make a buck. Instead, they're donating $10 million to convert an eyesore of a park that has been sitting there dilapidated for decades into something beautiful and usable by schoolchildren and the public. Some of you have been here and some of you are new. I remember a time when the commissioners worked hard to protect parks. You ran your campaigns on promises to improve the community but now you want to cancel a project that does not cost us anything, creates a huge benefit to the community, and is being funded by a philanthropic family who I assure you have better things to do with their money and time. Is this the precedent you want to set? A lot of wealthy people coming to Miami, you want to show them what a headache it is to give their money to you, so they stop doing that, that's not what's going to happen. I mean, that's what's going to happen if this is canceled. Damian, as you told me on the phone the other day, nobody wants to touch this with a 10 foot pole right now because of the allegations of potential impropriety. But the Centners have nothing to do with yet another Miami Commission taking campaign funds that are donated in good faith by people with good intentions and misappropriating them for personal gain. That's a problem with the culture within the Miami Commission. So, what it sounds like to me when you say nobody wants to get near this thing is that you're putting political optics ahead of the public's best interest. So, fix your house, worry about the people you represent, and don't take this great thing away from the community and their children who are the ones who stand to benefit the most. Thank you. Applause. Chair King: I said when the meeting started, no clapping. If it happens again, I will remove everyone from these chambers. Vice Chair Carollo: Madam Chair, if I may have a point. Since your policy has been to allow people from the public to make -- Unidentified Speaker: Can't hear you. Vice Chair Carollo: Since the Chair's policy in the last few meetings has been to allow activists from the public to make statements on members of the Commission here that are untrue, I would like to be able to clam those statements and ask the Chair, respectfully, if you would like for me to clarify the statements that this activist man came before to make when people are done speaking or when public -- Chair King: After public comment. Vice Chair Carollo: Okay, so I would like to have my time to answer those statements, because I'm fed up with the lies, the defamation, the slander, the corruptness, yes, that is coming from derent angles here. And those powers to be want to block the sun with their finger and claim that the corrupt are the ones with the white hats. And I'm ready to take on anybody any way they want to. I'm not going to be shut up. They could put me in the street if they want to, just bring my tent, but they're not going to shut me up or put me down. And we want to go into history of what people have done, then I'm ready to say it. I'm ready to say what deals have truly been done in the city, who's been getting them, and how this rag sheet that we call a newspaper, that's nothing more than a tabloid, through their reporters and their editorial board, covers it all up. And only when it's not convenient for them, years after, do they go after people and say, look what they've done. But I remember years back when this Commissioner was pointing out facts, what would be said about me? I'm a troublemaker. I'm a troublemaker. Shut him up. Get him out of there. So, I do want my two minutes so I could explain this whole little brouhaha on a home that I own. And now I'm back living in it. City of Miami Page 14 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: Okay. Vice Chair Carollo: And they got the dates all wrong. Chair King: Okay. Good morning. Derek DeGrazio: Good morning. Derek DeGrazio, 3131 Northeast 7th Ave. I'm here to oppose RE.19. I'm a local business owner. I just wanted to piggyback off what Raymond had to say. Vice Chairman, the moment this morning was awesome with the, excuse me, Coconut Cowboys -- the Coconut Grove Cowboys. You know, the documentary, yeah, yeah, that's where my head is right now. We are in Miami. But it was a special moment. I didn't expect that to happen. But these kids are nine years old. They're national state champion. You made a comment that you can't wait to watch them play college football, and more specifically, UM (University of Miami). Vice Chair Carollo: UM. Mr. DeGrazio: UM yeah. So, what UM has and what every Division I school has is a state of the art indoor sports complex so their kids continue to hone their skills, so they can be better players, play together as a team. I mean, play -- not just play together as a team, but be better people. I mean, I own a business, and some of -- what I'm noticing, the commonality between a lot of my employees, my better employees, the ones that show up on time, the most punctual, the ones that are the hardest working, they grew up playing sports. It instills discipline, it instills this behavior of hard work, and it makes you resilient. It makes you just continue to work and to work and to understand the ebbs and flows of good decisions and bad decisions. And it just, it helps you -- it's not just throwing a baseball or catching a football, it helps you navigate through life, it helps you be a good person. The Centners are providing that here for our Cowboys to play at nine years old, at ten years old. They can be national champions every year because they have 365 days to hone their skills, to be better people. This is something that college campuses have, that the Centners are providing for us locally, that our kids, our community, can start at nine years old. They can repeat next year as ten years old. And it's just something I think is invaluable to this community, having two kids of my own, being in this community, being a local business owner for ten years. This means a lot to me and it means a lot to us. And I think -- I think it's something special for us and I hope you consider it. Thank you. Chair King: Thank you. Good morning. Malena Iglesias Raggio: Good morning, Milena Iglesias Raggio, 51 Northeast 51st Street, Miami, Florida, 33137, and I'm here to support the indoor gym that they want to do in Biscayne Park. Sorry, I'm like not used to public speaking, but this was a really good presentation that we -- it was given to us. It was approved -- last year, this was approved, it was ready to go. And I feel like this is not only something that it's going to benefit just their school, it's something that is going to benefit the whole community. I really wish I could come to another speaking, like one day, and have another group of kids saying that they won something else. I was amazed, I never knew these things were happening. I was almost in tears seeing those little kids receiving their award and being recognized here. I wish we could recognize them all for whatever they do, tennis, basketball, soccer, whatever you want to call it, and have them here more often. This is a great opportunity they are giving us, and I feel like for the City ofMiami, it's free. So, it's like a win -win. I don't see why not. So, I would appreciate if we can continue with the idea that we had at the beginning. Thank you. Todd B. Hannon (City Clerk): Chair, I'm sorry, can I have the speaker's name again? Ma'am, if you could just state your name again for the record. City of Miami Page 15 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: (FOREIGN LANGUAGE). Mr. Hannon: If you could state your name again for the record. Ms. Iglesias Raggio: Malena Iglesias Raggio. Chair King: Good morning. Bianca Erickson: Good morning. My name is Bianca Erickson. I live at 117 Northeast 49th Street, and I'm here to speak out against RE.19. I live in Upper Buena Vista, and I work in Edgewater. Biscayne Park is in my neighborhood. Thank you all for all that you do for the City of Miami and thank you for hearing everybody's comments today. It's really meaningful and important. I appreciate it. I am kind of mind boggled that you are actually reconsidering your unanimous decision to accept a $10 million donation to create a state-of-the-art indoor park at the location where Biscayne Park currently is. This will be climate controlled, allowing for young people in our community to be active and athletic and healthy throughout every single day of the year. Have you ever tried to play baseball or soccer in July in Miami? Have you? It is really, really, really, really, super-duper hot. It does not lend itself to like optimal athletic priming, conditioning, and functioning. So, as Derek previously said before me, this state-of-the-art facility is giving us, our community, our children, an opportunity to have, really, the highest quality experience as athletes. I personally and professionally have known Leila and David Centner for over four years. I can speak to their integrity and their true desire to make the world a better place. Please vote against RE. 19. Thank you. Chair King: Thank you. Good morning. Ananda Mattei: Hi, good morning. My name is Ananda Mattei and I live on 425 Ferre Drive, Miami Beach, Florida and today I'll be talking about Biscayne Park. So, as you might have realized, I don't live in the City of Miami, but 1100 percent consider myself part of the community since I spend most of my time there and my school is there. And as a part of the community, I feel like I can genuinely speak as there's a lack of connection in the community. I feel like since the lockdown, everyone has been separated, and there's something there that needs to make that connection. I believe that Biscayne Park can do exactly that. Biscayne Park is an excellent athletic facility that can bring a lot of great things to especially children like myself that need an athletic center to use. You live in Miami, you know how crazy the weather is, and over the summer, it's 100 degree weather where you literally can't do anything outside. This athletic center that David Centner and Leila Centner are trying to provide will do exactly that. They'll provide a space where people can get together and gather and form connections there, and also incentivize people to perform physical activity even no matter the weather they have. If you look at Biscayne Park right now, it's literally just a piece of rock and grass begging to be used, you know. David Centner is literally giving you $10 million to build an athletic program. I mean, there's no reason why to say no. And as a Centner Academy student, you might think I'm advocating here for myself. But let's put our egos aside and let's think of everything that this center can bring us. Think about the coming generations and everyone that outside this school and in the city can use it for. I mean, you just got to think for the good of the city. Thank you. Chair King: Thank you. Good morning. Leonie Casanova: Good morning. My name is Leonie Casanova. I live at 600 Northeast 27th Street and I'm here to speak on Biscayne Park. The item for discussion today is basically in my backyard. To be very clear, I'm a resident of Edgewater. This is my hood. I can walk to the project in question. I moved here to Miami six years ago with my husband and then baby from New York, primarily for more space, for a more active and City of Miami Page 16 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 healthier lifestyle, and for a different sense of community. A few weeks after getting here, I started to think we had made a mistake. Why, you might ask. One, I didn't feel entirely safe in Edgewater. I was harassed a number of times while walking my baby. Two, the neighborhood didn't give me the sense of community I was seeking, and it did not feel family -oriented in the way I had expected. Three, there just wasn't much to do within walking distance for a young family, and at the time, Greater Miami wasn't yet familiar to me. We were looking for parks. There's been a lot of development and progress in the area. Needless to say, there's still a way to go, but strides have been made, and for that, we are very grateful. Three points I'd like to make. One, this park would convert a sad, underutilized, largely neglected plot of land into a gem, not just for my kid who is now seven and getting into sports but for my family, the neighborhood, and the community, including seniors and children from nearby schools. Number two, it would elevate the area in general. Nothing like this exists in Miami. Number three, I'm yet to hear a compelling reason for which we would say no to this state-of-the-art facility that would be open to all and that is being paid for. I say no to efforts to block Biscayne Park project. Thank you. Chair King: Thank you. Good morning. Danielle Rivera: Good morning. My name is Danielle Rivera and I still technically reside at 2300 Southwest 3rd Avenue, Apartment 11, Miami, Florida 33129. I'm here to support removing the City Attorney, and again, to speak as most of the speakers have on the corruption in this city. And to our new Commissioners, this does not apply to you, but we are watching. Quite frankly, my own city commissioner is joking about being homeless and living in a tent because he lost a lawsuit that alleged he used the Code Enforcement Department to harass local businesses. I am being evicted. I have -- waiting for the thing to be posted on my door because I called Code Enforcement on my building that was already declared unsafe. I am probably one of the most knowledgeable persons in this city about each of your political contributions and they are disgusting. I do not trust any of you. I have stated this on multiple occasions. My own commissioner is leaving me to die along with the rest of the people in District 3. And the other current commissioners, new ones, not, and their predecessors have left all of this city to die. They will consistently, consistently put their donors and those that can help them personally over each and every member of this city. All those children you guys took pictures with? Yeah, if you thought it was profitable for you, you 'd leave them all to die on the street and joke about it, just like you're doing to my son. Thank you. Chair King: Thank you. Good morning. Flavia Giardinella: Good morning. My name is Flavia Giardinella. I live at 825 Northeast 75th Street, Miami, Florida, 33138. I come today as a mother and as a part of the community ofMiami. I've been a part ofMiami for over 20 years. I'm very proud to be part of Miami. I don't see myself living anywhere else, honestly, and I am here because I am in support of this game park. This facility that the Centners are donating is going to help our children, not only the ones in the school, but also the community at large, and other schools, and other public schools of the area and of the City of Miami. It's going to help our children be active all year round. It's going to give a name to our city. I haven't seen another private school in Miami trying to do something for the community, only for their school. So, I don't understand why this is being held back. This is very important for everyone that's involved, not only the children of the school, but as I said, as the community. And I really, really beg you to reconsider and say no to -- against RE.15 [sic]. Thank you. Chair King: Thank you. Good morning. Marica Morelli: Good morning. My name is Marica Morelli. I'm here to speak on Biscayne Park. I live in Edgewater. I -- at 2020 North Bayshore Drive, 32137, Miami. City of Miami Page 17 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 My family and I, we live just two, three blocks from the one that should be this amazing indoor park. We moved here 10 years ago. We left behind everything that we had to give a better future to our kids. I'm here, I'm a little nervous. English is not my language, but I'm here as a mom. I want to speak for my kids. My son needs sport, but sometimes we don 't know where we have to go. We live in front of Margaret Pace Park, and we never had the chance to play basketball there because it's always overcrowded with adults, no space for kids. The heat is killing the kids, and I truly hope they can have soon a chance to practice a sport. We saw before the smiles on those kids' faces. They were so happy and proud of themselves. And we need to reconsider sports, not only like motion skills, but as a psychological, very important element of every kid's life. I personally struggled a lot with my son to get him to be there. He needed to feel more confident. We got there thanks to sports, but we need more and more. We moved to Miami just to have a better life and more space, but all that I see walking my kids around is just new buildings. And this is not helping not only my family, but all the other families and also yours. So, thank you for listening today. Bye. Chair King: Thank you. Vice Chair Carollo: Your English is wonderful, ma'am. Thank you for coming to Miami. Welcome. Chair King: Good morning. Merry Lopez: Good morning. Hello. My name is Merry Lopez. He is my husband. Hugo 011e Sese: Huge 011e. Ms. Lopez: And we live in 5524 Northeast 7th Avenue, very near to the project. We are here to speak on Biscayne Boulevard -- oh, Biscayne Boulevard, sorry, Biscayne Park. And well, we live in the area. We have been here in Miami for 10 years. Our daughter goes to this school, to Centner Academy. She's super happy in there. And she was always complaining about -- to do sports outside. So, with this, we had a solution not only for the school, but for all the kids that lives in the area. My husband and I, we always make a sport for our life. We play many different things in sports. And we know many things about that. Sports, for me, unify people and put you away for hard things like drugs and bad behaviors. It unify community. So, for me, it's an amazing opportunity. This gift that Centners are giving to the City of Miami that it has been growing for years, to have the opportunity for other kids to use this space. As I know, there's not exist any space like this in Miami that is not for professionals. And I've seen our kids, not only the ones that are in the school, you know. They need to have this opportunity. So, well, as neighborhoods of the area and as citizens of Miami, we ask you friendly to reconsider, you know, this resolution because I think the first thing is to have unity for everyone. Thank you. Unidentified Speaker: Thank you. Chair King: Thank you. Good morning. Fernando Paredes: Good morning. My name is Fernando Paredes and I live in 3 Grove Isle Drive, Apartment 201, Miami, Florida. I've been a resident ofMiami District 2 for close to 30 years. I'm here in support of Item RE.11, regarding the City Attorney's Office signing off on illegal permits in defiance of a previous judicial ruling, current city codes and regulations, written advice from the Building Department, Planning and Zoning officials, and just as importantly, a landmark 1977 settlement agreement to run with the land in perpetuity. These permits were issued to a developer which had already demolished existing structures, including a 50-room hotel, a restaurant, a tiki bar, a pool, a conference room, a ballroom, a marina, a spa, a beauty salon, a pro shop, and City of Miami Page 18 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 12 tennis courts. The developer demolished, prepared the grounds, and began construction while the final permits were still under revision. As we speak, part of the 65-unit condominium on the northeast portion of the island is already over four stories high. By the way, this monolithic structure stands as close as 18 feet from 40-year-old structures on man-made landfill. My fellow residents and I, in light of the Champlain Tower catastrophe in Surfside, are under constant fear of the possibility of a similar situation happening to our homes. Grove Isles' three buildings sit on a single plat. We ask the City Commission to open an investigation and put a stop to any further development and construction work until proper ownership, permit irregularities, and possible corruption are thoroughly examined. Thank you. Chair King: Good morning. William Rodriguez: Good morning. My name is William Rodriguez. I reside at 455 Northeast 39th Street, and I am here today to speak in favor of the Biscayne Park project. I want to start by noting that the area between Edgewater and Wynwood is undergoing an incredible amount of redevelopment. The amount of new residential office buildings being constructed not only will bring positive benefits for the area, but also it will have a huge impact on population density as we all know. I also want to highlight that because of this transformation, the few spaces that could be used for recreational purposes are, in my opinion, not sufficient for the growth. So, I believe that the creation of a state-of-the-art facility dedicated to sports and recreation will greatly benefit the surrounding communities and will improve the -- and will provide a climate - controlled and, more importantly, save and clean environment for all the neighbors to enjoy year-round. So, as a neighbor of the community, I thank you for considering the decision to move forward with the project, and I thank you for your time. Chair King: Thank you. Good morning. Good morning. David Schaecter: Good morning. My name is David Schaecter. I'm here to speak about RE.11, in favor ofRE.11. I reside at Grove Isle Drive, Apartment 310. I'm here with my wife Sydney and our friend Jane Marquart (phonetic), who lives on Bayshore Lane. I am a 94-year-old Holocaust survivor and a founder of the Miami Beach Holocaust Memorial. I purchased my apartment pre -construction in 1980 and have been privileged to live on the island for more than 40 years. But now in my golden years, the value of my apartment, the enjoyment of it, and even the safety has been adversarially [sic] affected. I know what abuse of power is. I have seen the worst of humanity and was able to overcome the loss of everything near and dear to me. I was successful in building a business and in relationships. I've also been involved in construction projects, but always followed the letter of the law, and I didn't fry to sidestep the system. With my understanding of code enforcements and permitting processes, I cannot perceive how this developer was able to demolish the 50-room hotel and its amenities in order to start construction of a massive 65-unit project that seems to be three times the foot frontage of the former buildings. I'm concerned this has happened because the project was never platted. The new structure is very close to the Building 3 and currently affects the entrance and exit of our building. I'm hopeful that you Commissioners pause this project in order to investigate how this massive project was permitted without a new plat. I'm concerned for my safety and feel as though my rights have been tampered upon. Dear Commissioners, it is in your power to do the right thing, to pause this project in order to scrutinize the process and limit this project that appears to have been permitted in spite of omission and misrepresentation. I hope to be able to spend the rest of my days, whatever time I have left, in my apartment, in sunlight, and not in a dark shadow cast by ten -story building. I thank you for allowing me to speak and I think goodness will prevail. Thank you. Chair King: Thank you. I want to say something before anyone else speaks. It is clear to everyone that I've allowed him more than two minutes to speak. I have done that since I City of Miami Page 19 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 began as chair of this Commission. Anyone that comes to speak before this Commission that's 90 plus years old, I allow them to say whatever it is they need to say. God bless them. Applause. Chair King: God bless them and they took the time to come and I will never be disrespectful to my elders. Those of you who are not 90, I am going to say "Thank you" at the two -minute mark. But just so you understand, that is a rule that I've implemented. I know those who have come to the Commission meeting have seen it. I never interrupt them, and I let them speak for as long as they care to speak, because they have earned the right to do so. And who does not like that? I'm sorry, thank you. Good morning. Albert Gomez: Chairwoman King, respect where respect is due. Albert Gomez, 3566 Vista Court, Miami, Florida. Speaking on "VV.], I'm against the veto. Let the citizens' vote stand and let Commissioner Gabela do his duty. CA.4, CA.5, and CA.6 are liabilities as of the direct action of bad actions by the City staff department, which is sadly, we are also addressing various discussion items, DI.5, DL 6, DI.7, DL 8, RE.8, and RE.11. We always foot the bill. The City stopped publishing the liability reporting in late '22. Please reenact this reporting so the public can fully understand the scope of liabilities perpetrated by City staff departments, and electeds. I have sat on a board. I had to give up working with the City when I was on the board because I understood the ethics workshop and followed the rules and laws clearly. Emoluments, corruptions, and lack of oversight are wrong and illegal. Fix this by rooting out the rot for accountability and setting standards where they are none. The CA.1, Miami Forever Bond update, which equates to moving on approvals on new capital improvements and projects, this all has a price tag attached to it. What is sadly missing in most cases is continuing maintenance, and this can easily be addressed by using this Miami Forever Bond to help catalyze applying money towards enforcement shortfalls. The rookery resolution in its original form highlighted that. We can move money towards enforcement dollars and more Marine Patrol to solve the issue. Now we're getting all sorts of things happening with FIND (Florida Inland Navigation District), threatening to take money away, and things of that nature. I would stand up to that. That's just more corruption. So, effectively, I would just stand true. I paddleboard and kayak off Morningside Park. I don 't want to be run over by a 60 mile an hour boat, okay? I think that our health and human security should be your priority. Thank you so much. Chair King: Thank you. Good morning. Bob Denholtz: Good morning. My name is Bob Denholtz. I live at 3 Grove Isle, Coconut Grove. I've been a resident there for 25 years. And I just want to speak about what's taking place now. When I purchased 25 years ago, reviewed by my attorney, the documents that were given to me included the 1977 settlement agreement, which was an agreement between the City of Miami, the developer, and the community of Coconut Grove. It identified what could be built on the island in perpetuity, 525 condo units, 50- room hotel, which totaled 575 units. Specific density was called out. There was a restaurant, a club, a pool, and so forth, tennis courts and so forth. The City Attorney writes a letter saying that the property must be separated, had to be replatted, that development. And months later, she changed her decision for reasons unknown with no explanation. There was a ruling by Judge Miller that there must be a hotel on the island with a minimum of 26 hotel rooms, which left 24 condo units to build, equaling 575 units, if the new development went through proper approvals. Also, density, how do you take 24 hotel rooms and replace -- excuse me, yeah, how do you take 24 hotel rooms that would be available at roughly 500 square feet and build 3 to 4,000 square foot condos? The density doesn't add up. This -- that hasn't been platted. There's no -- the density doesn't add up. Under City Code, permits should be issued if not platted -- permits should not be issued if not platted, not subdivided. We would like the City to City of Miami Page 20 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 review. We would ask the Commissioners to please pause and review immediately as construction is underway and safety is our concern. Thank you. Chair King: Thank you. Good morning. Ms. Mendez: Madam Chair, Madam Chair, I just wanted to bring up that these matters already went to litigation. The court and the -- bless the settlement agreement -- I know that they're coming on my item to discuss issues of Grove Isle, but the condo association settled. The City has given ample, ample meetings on all the requests that they have asked for and found nothing that was inappropriate. So, I just want this -- to know that there were settlements on the Grove Isle. That's why this is building. It's gone to court. It's gone up all the way to the Third, so thank you. Chair King: Thank you. Good morning. Birkleigh Walters: Hello. How is everyone? Good to see you. What a wonderful opportunity we all have to share our opinion on Biscayne Park. I'm in complete support of it. I have a four -year -old son. He's extremely active, as we all know if you have sons, the amount of energy that they have. And we are located on 4421 North Miami Avenue, so we're in the area. And there's definitely a void in terms of parks. And I just would be overjoyed if you would approve this Biscayne Park construction, and we would be able to experience that with our kids and see the community really thrive and grow. I see up there it says "In God We Trust," and I can't avoid just the simple fact that we need to look deep inside as to why we're making the decisions that we're making and know that we can impact not only generations but we can impact our own hearts if we make the right decision. Thank you so much. Have a great day. Mr. Hannon: I'm sorry, Chair. Ma'am, can I have your name for the record? Ms. Walters: Birkleigh Walters. Mr. Hannon: Thank you. Elizabeth Tamayo: Good morning. My name is Elizabeth Tamayo. I am a resident of Grove Isle, Building 3, Apartment 809, for the past 17 years. I speak in support of the RE.11. Thank you, Commissioners, for this opportunity. I don't know how we got to this point where we are now. I look like the -- it looks like the city rules and laws established for a reason, to protect and ensure the well-being of residents, has failed. I look outside my balcony and can't figure out how a project with amenities open to the public were destroyed and substituted by an enormous structure that is rising 20 feet away from my balcony and that will no longer be the amenities of Grove Isle, but on the contrary, it is a residential building with 65 units, altering the covenant's density and bringing many other problems. The fact is that a developer's application to build used their portion on this single platted island and he was denied by Public Works the possibility of using that as a subject property because there was no division of land and he had to replat to get the permits. Somehow he decided to apply again using as his subject property the whole entire island even though it is a condominium, and the response from the City was that he lacked ownership. But anyways, the City overturned and overlooked rules and regulations and made it possible that even not complying, the permits were issued. This is why I come before you today to ask to stop and investigate thoroughly the replatting issue. Thank you. Chair King: Thank you. Good morning. Melissa Hounshell: Good morning. My name is Melissa Hounshell. I come to you today as a parent and resident ofMiami. Just to share, I'm natively from New York. And New York, my family kind of took the, I guess, unplanned trip down to Miami to plant roots City of Miami Page 21 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 here and that's for many different reasons. And one of the things I've really discovered in the past three years of living here and through this community and just in the room today is really the sense of importance of community from our 94-year-old residents here to our future, which is our children. And weather is a huge factor I think behind any successful city or place is enrichment of community. Community is the source of everything and I think that the Centners have really done a wonderful job in their philanthropy efforts I think throughout the City really, and I think that's -- should be almost a ripple effect as to I think, going forward with plans for Biscayne Park. I know that I've been outdoors with my son in sports and I've watched some children literally have heat stroke in the middle of a game. I know that it's deterred certain children from joining in during the, you know, height of summer here. And I think it would be just beneficial and enriching to our community to have such a thing available for everyone, everyone from our 94-year-old residents to our young children, our future. So, thank you for your time and consideration. Chair King: Thank you. Good morning. Anika Djordjic: Good morning. My name is Anika Djordjic, and I live at 3000 Northeast 2nd Avenue in Midtown Miami. Addressing Biscayne Park, I personally have been impacted by the challenges faced by families like mine with two small children in the Midtown/Edgewater area, where outdoor recreational options are severely limited, especially during the hot summer months. Drawing from my past in Chicago, I've witnessed the positive impact of climate -controlled sports facilities, creating opportunities for league games that would otherwise be impractical. From my balcony, the skyline is dominated by luxury high-rise mixed -use buildings alongside the constant presence of these development cranes. Unfortunately, the City's recent development seems to solely -- seems to stem solely from developers' speculative motivation driven by the 41 percent rent increases over 2021 and 2022, resulting in the displacement of numerous Miami natives in a disregard for the well-being of local consumers, yet these developments persistently receive approval. This project stands in absolute contrast to those greed -driven developments, offering significant benefits to building our community. It provides a much -needed climate -controlled option for adverse weather conditions, benefiting youth leagues and individuals with limited access to exercise equipment. Beyond physical and mental well-being, the initiative promotes community bonding through sports and exercise, diversfing neighborhood activities, the selfless contribution of time, resources, and finances by David and Leila without burdening taxpayers is a gift and blessing. Since our initial encounter, all I have known about them is their unwavering generosity and ongoing dedication to sharing knowledge and resources. This project is truly a heartfelt gift. Thank you. Chair King: Thank you. Good morning. Natasha Kern: Good morning. My name is Natasha Kern. I live at 900 Biscayne Bay. Can you hear me okay? Better? Okay. Natasha Kern, live at 900 Biscayne Bay. Good morning. I'd like to speak on Agenda Item 4, sorry, Discussion Item 4, in regard to who will be the chairperson of the Bayfront Parks Management Trust. My husband and I moved to Miami in 2019 for a better life and more access to the outdoors. A big reason for our move to 900 Biscayne was the green space provided by the marquee park across the street at Maurice Ferre Park. I take walks there multiple times a day so I can assure you that I do have a vested interest in what happens. The Trust charter states that each member of the Trust shall be an individual of outstanding reputation for integrity, responsibility, and community to serving -- and commitment to serving the community. I do not believe that the current chairperson currently meets that criteria based on the recent federal judgments against him that he weaponized our government against the citizens. Moreover, it's time for the Bayfront Parks -- that the Bayfront Parks were administered by a commissioner overseeing the district in which they are located. I'm tired of the Trust stance towards concerned citizens, dismissing us as elitists. I would City of Miami Page 22 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 like our District 2 Commissioner, Damian Pardo, to chair the Bayfront Parks Management Trust. Congratulations again on winning the recent election. Thank you. Chair King: Thank you. Good morning. Fiona Constain: Good morning. Thank you for the opportunity to speak. My name is Fiona Constain, and I am a resident of Edgewater. So, I'm here to oppose RE.19 and support Biscayne Park. I believe this is a beautiful neighborhood that is bustling with construction. It's growing, there's a positive side to it, but there's also a bad side to it, which is there aren't enough resources for children to play in the area. There aren't enough parks. And the ones that are there have -- are completely packed. So, there's a tiny little soccer field on 26th Street, the size of half of this room, and what we're proposing is a large soccer field that all the community can benefit from. And I see children there playing on weekends. There's, again, a small basketball court on Margaret Pace Park, but it's always super exfra crowded. So, we need more space, we need more space for our children. This opportunity cannot be missed. I live on 22nd Street, this park is planned on 19th Street and I can see the benefits for the community as well as creating a space for people to meet and interact. This can also be used as a shelter in case of need, if there's an emergency, a weather -related emergency, as it is sheltered. So, I see innumerable benefits and absolutely no reason to oppose this construction. Thank you very much. Chair King: Thank you. Good morning. Jan Schwegmann: Good morning. Jan Schwegmann, 900 Biscayne Bay. I'm here -- I wanted to speak about PZ.2 and PZ.3. Since PZ.2 has been withdrawn, my speech is half as long, so you're in luck. I'm going to make this very quick. I think if today tells us one thing, it's that public outreach is key when it comes to our public parks, to our recreational facilities. And this is also why I'm here today. On November 15th, the Planning, Zoning, and Appeals Board approved an appeal that revoked a warrant by the Planning Department. The City had issued the warrant to build an outdoor gym in Maurice Ferre Park. The warrant was revoked because the installation was in sharp contrast to the master plan, a plan that many residents trusted in, and the park management and City completely failed to include the public into the whole process. Now, during that meeting, the park management argued with a really beautiful PR (Public Relations) marketing video where they interviewed people in the park if they liked the park, if they like the gym, the dog park, or whatnot. But please bear in mind, this is never or was never about if people like an installation, if they like a dog park, a gym, or whatnot. This is about following the right process. Just because I like something that is being done doesn't mean I'm going to close my eyes to a wrong process. So, I'm here today to ask you to stick to a master plan that was designed with great detail, that involved the public, and not change it anymore. And if there are changes, please do involve the public. Uphold the decision by the Planning, Zoning, and Appeals Board that was made on November 15th. Thank you. Chair King: Thank you. Good morning. Emmanuel Osmann: Good morning, Madam Chair, elected officials. My name is Emmanuel Osmann. I reside at 1641 Northwest 29th Court and I'm here to speak on RE.19. I truly believe that this indoor sports pavilion would be a great addition to the benefit not only to the surrounding community but the City ofMiami at large. I'm a part of Miami Tennis Club, and we oftentimes have to cancel or reschedule because of the weather, whether it be rain or too much shine. And I believe that as someone who was born and raised in some of the rough neighborhoods in Miami, I know the importance of sports within the communities, as well as benefiting from it firsthand. We just applauded the great effect that the sports could have on our youth, not only athletically, but also in City ofMiami Page 23 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 building character. So, I believe that this donation could only bring good to the City of Miami. I'm asking that you reconsider your previous decision on RE.19. Thank you. Chair King: Thank you. Good morning. Kiana Lowrance: Good morning. I'm Kiana Lowrance. I live at 480 Northeast 31st Street, here in Miami, Edgewater. I'm here to speak in support about the Biscayne Park hearing. I think he was agreeing. I'm an active member in the City ofMiami and I'm a mother raising my two fair -skinned children, my daughter who's six and my son who's one. I am the voice of my children and I hope to be speaking for those who cannot speak in support of the park today. This indoor park is a necessity for the City of Miami. This park is going to be helping and be a safe environment for children of the City. I've grown up in diverse climates between Maui and Denver. One common denominator that every location has in common is the outdoor elements. And now we have -- I have resided in Miami for six years. I have had the opportunity to live in Miami Beach, Coconut Grove, and Edgewater. My husband and I decided to make the City our permanent home in 2017. We quickly found that there weren't many indoor options, close to none. If you have been or visited any other states, you'll find that each city has an indoor space to participate and play in activities too. Not only allow for year-round physical participation, but also protection against the outdoor elements. Skin cancer is on the rise every year and this is a matter of health and protection for our children and community. For example, today it's raining. There are no locations to go for anyone who wants to participate in sports or play. Children need a physical education to connect and flourish and it's unbearably hot at least five or six months out of the year. Lastly, it is a matter of safety. Sex tracking is at an all-time high and I want to feel safe when I take my kids out to play. This park is a safe haven and security for our children's community and future generations. The Centners are here doing this out of the goodness of their hearts and I can vouch for their loyalty and integrity. Thank you for being here and listening to all our voices about this project and thank you for allowing me to speak today. God bless. Chair King: Thank you. Good morning. Thais Thiesen: Good morning, everyone. My name is Thais Thiesen, and I work in the City of Miami at 3050 Biscayne Boulevard. I'm here today to speak about Biscayne Park. I have worked in the City ofMiami. I've been here for 12 years. I worked with the Omni CRA and Commissioner Russell on several community garden projects in that area. It's always been very, very difficult to find funding to do great things. Even with the best of intentions, the City has so many things to attend to that community projects tend to take a back seat. So, here you're given this opportunity to accept a large donation for a public space that's really going to impact everyone in the city. My daughter plays soccer. She's at the Miami Beach -- Miami Shores Soccer Club. She's really serious about it. She wants to play soccer in high school and in college. They're, you know, often competing in the leagues to find some indoor spaces. There's only a few private gyms or soccer stadiums where they can play. So, sometimes, many times in the season that there's been a lot of rain, their, you know, practice is canceled. I now manage a farm in Homestead called Regenerate Farm, and we've been talking to the Centners about the possibility of having a farmers market at that same space that is being proposed. So, that would be another benefit to the community. We would have this weekly farmers market, bringing local farms to the Edgewater neighborhood, which currently does not have a farmers market. The closest one is on 63rd Street in a park there. So, for all of these reasons, I ask you to consider and, you know, accept this great donation and really benefit all of us in the city. So, thank you so much for your time. Chair King: Thank you. Good morning. City of Miami Page 24 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Diliana Alexander: Good morning and happy new year, Madam Chairman -- Chairwoman, excuse me. My name is Diliana Alexander and my mom and I own in the historical Huntington Building, which is on the fourth floor, 168 Southeast 1st Street. We are proud constituents of yours. This is my first time at a commissioner meeting, so excuse me and bear with me as I tell you the facts quickly. I'm speaking on item DI8. FilmGate Miami, our nonprofit organization, along with 70 businesses, was evacuated in three days in March 2023. We don't know why we were evacuated. We're still waiting to find out from the fire department of the City why -- when we can come back. We have suffered enormous losses, close to $400, 000 on our floor. We have had disruption in our programs. We are one of the only cultural organizations that does what we do in the state, but also in your district. For months, we have not been able to get any answers. And then in October, I received an offer from a real estate agency called ISG World. They asked me to sign an NDA (Nondisclosure Agreement) agreement. I found that very unusual because why would you be asked to sign an NDA agreement in order to get an offer to sell your property and you have been out for now eight months at the time. I started researching the real estate company. It turned out, I was very surprised to find out that our Mayor Suarez is sitting on that board. And I -- it appears to us, because we haven't been able to get any answers, the management of the building and also the manager are working out of the building. They're throwing parties, it was on the news, while we are not allowed to move back. So, it appears to us that city agencies are being weaponized and they are not allowing us to exercise our property rights. My mom and I left communism, suffered enormous losses while we left communism in order to have property rights -- Chair King: Thank you. Ms. Alexander: -- in the United States. Chair King: Thank you. Ms. Alexander: You're welcome. Commissioner Gabela: Excuse me, can I just ask, what item was it again that she's speaking on? What is it? Chair King: Good morning. Oleksandr Kovalov: Good morning. My name is Oleksandr Kovalov, 2301 Laguna Circle. I would like to oppose Resolution 19 that is going to cancel renovation of the Biscayne Park. I came to this country several months ago with my wife and my daughter, and our first destination was Miami. My daughter is four years old. We were worried about how our daughter will deal with this big move. But when we first came here, my daughter asked me, "Daddy, what is this place?"And l said, "This is heaven." We lived in a lot of cities and countries before. There is not so many cities in the world that are growing and developing with such a pace. Most people think about Miami as a touristy place, but everybody sees how it's growing and evolving. And it's not only a city for the tourists, but also a city for the citizens. Sport facility at Biscayne Park is a great opportunity to make our city better, specifically for our kids, and my daughter is definitely one of them. I clearly do not understand how somebody can be against building of the athletic park which will actually do not cost a penny to the City. You have a power in your hands to make a huge favor for the citizens by supporting a beautiful state-of-the-art park. Also, we should be very thankful to the Centner family who took leadership to care about this project on their own cost. I think that everybody win having a nice and organized sport facility for the benefits of the community and our citizens. Let's make Miami the best place on the earth together. Thank you. Chair King: Thank you. Good morning. City of Miami Page 25 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Jeffrey Berlowitz: Good morning, Commissioners. My name is Jeff Berlowitz and I'm an attorney. I represent Ms. Alexander, who just spoke, and others, concerned unit owners at the Huntington Building, which as you all may know is a historic building. It's a century -old building. It's been there forever in Downtown Miami. I'm based right across the street on Flagler Street. The concern is this, in addition to what Ms. Alexander stated. We've initiated litigation and there will be more litigation to come with respect to the building manager, the property manager, the board of directors, the homeowners' association we believe to be in collusion together with City officials who are seeking to devalue the building, maintain the building unsafe, improperly, in order to pave the way for a developer to come in and purchase units on the cheap. We've seen this in other matters. I've been involved in litigation with other matters in Miami Beach with older buildings. Unfortunately, I heard somebody earlier talk about the tragedy at Champlain Towers. What we're seeing is a cottage industry of developers come in and seek to buy buildings and keep buildings in a depraved state so they can buy the units for cheap and make millions of dollars in profits. Our concern is that ISG World, in which Mayor Suarez sits on the advisory board, is involved in terms of issuing NDAs to some unit owners and other unit owners aren't aware, but the broad scope of the concern is grave. We urge that the Commission take a look at this. We are going to initiate litigation. We are going to ask other governmental entities that have jurisdiction to review this, but we urge the board to look at this closely. Thank you. Chair King: Thank you. Good morning. Lori Ferrell: Good morning. My name is Lori Ferrell. I live at 1425 Brickell Avenue, District 2. Congratulations on your election results. You're in a very important district. Each district is important. I'll be real quick on the facts. I'm here today to address Planning and Zoning 2 and 3. I served as president of the board of the Perez Art Museum, the Miami Art Museum, and was involved as far back as Center for Fine Arts. I was appointed by the City of Miami mayor at the time, Manny Diaz, to the City of Miami Task Force for the master planning selection for Bicentennial Park. I went to Mayor Carollo, the Honorable Mayor Carollo at the time, we evaluated 19 sites to get this multi -generational site. I met with Mayor Suarez's father, Javier Suarez [sic], was mayor. So, I've been through a lot of mayors, Mayor Diaz, Mayor Carollo, Mayor Suarez, and I stand here today to stress the importance of keeping the Cooper Robertson plan, not changing it. I commend the man who spoke earlier. This was a community - wide charrette with thousands of citizens in the City of Miami, a joint effort between the county and city government to plan the museum footprint to enable 16 acres of green space on the site. Cooper Robertson is a world-renowned master planner. It was a process through the City of Miami Task Force. It would be a great betrayal to the citizens of Miami who came to these charrettes. Thousands of people came to share a multi -generational desire to have a beautiful park. We looked at Central Park, Millennium Park in Chicago, museums, anchor parks. That was basically the bullet points of this site selection, which took seven years. Chair King: Thank you. Ms. Ferrell: Thank you. Chair King: Thank you. Good morning. Leila Centner: Good morning. My name is Leila Centner, residing at 3050 Biscayne. I'm an opponent of RE.19, the Biscayne Park. Unfortunately, politics have become a nasty battle and sometimes innocent people are caught in the crossfire of people's ill intentions. I want to reiterate that we started this process over four years ago with Commissioner Ken Russell who spent years leading this project. Former Commissioner Ken Russell saw this beautiful vision of us leading the way for many other City of Miami Page 26 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 philanthropists to step up and give back to our amazing city. He was a wonderful supporter of our project and not once referenced by our corrupt media. This park could be a model that helps beauty our city with other successful, committed, wealthy Miami residents step up -- stepping up to help make our city a more beautiful place. We have spent a tremendous amount of time and money getting the park ready for proper permits so we can start building. If you cancel all the hard work that has been done, other philanthropists like us will never ever trust the City again. This will be a grave loss to the City. Biscayne Park was voted unanimously because our commissioners all saw the benefits and were very wise in their decision making. It was not easy to do and they really dissected every single thing about this initiative. To now overturn it is to say that all five commissioners and all their professional staff did not do their due diligence over four years and that is just wrong and a false accusation of our hard working commissioners who did all the work to try and make this world a better place. Thank you all for all your support. And I want to add one thing, the corrupt media is outside this door right now, Miami Herald, and they are trying to coerce our people to say that they have been bribed to be here and that is absolutely untrue and continues to be part of their corrupt practices to make good people look bad. I wish that you would escort them to leave because they do not -- their presence is not warranted here. And I ask that you kindly reject RE.19. Chair King: Thank you. Ms. Centner: Thank you. Chair King: Thank you. Lisette Garcia: Hi, good morning. Chair King: Good morning. Ms. Garcia: Good morning. Thank you for listening to us. My name is Lisette Garcia. My address is 3 Island Avenue, Miami Beach. It's not a coincidence that today we all acknowledged a beautiful group of boys. This is a life testament of what a good sports facility can do and how important it is for our future generations. I stand before you today with a heart full of gratitude to support the incredible vision of Leila and David, two remarkable individuals who are -- who envisioned the creation of an indoor climate control park for our community, for our children, and for all of us. Imagine an extremely hot summer day or a torrential pour down and we don't have outdoor options to go. So, thanks to this park, our little ones can have and can enjoy a space. They can play and they can thrive and they can make memories with their parents or their friends. This climate control park is not just a convenience, it's a sanctuary for families. This indoor park will not only benefit our children, it will serve as a communal space. It will be a shelter when we're in danger. And it will foster connections among families and friends. This is a testament of their generosity and the commitment to creating a vibrant and connected community. This indoor park is not just a solution, it's an investment for their future and the community will be eternally grateful to all of you if you approve this project. Let's put the citizens first and our children first and please approve this. Thank you. Chair King: Thank you. Good morning. Joshua Hills: Good morning. My name is Joshua Hills, 501 Northwest 31st Street. I am the son of a 28-year United States of America Air Force veteran. I am very proud of his service and I am grateful for your service. Currently, I am in favor of greenlighting Biscayne Park. Biscayne Park right now is a safe haven for homeless people. It's a safe haven for those who want to use drugs without consequence and not to be bothered by law enforcement. I know this as a fact because I have no less than two or three City of Miami Page 27 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 employees every morning going out to that park and removing the drug paraphernalia from that park. So, therefore, I implore you to green light the construction of the climate -controlled multi -sports complex at Biscayne Park, a visionary project that transcends traditional park amenities. This complex is being generously donated to the City. It goes beyond profit motives, stands as a testament to the Centner's commitment to the community and its welfare. Imagine a space where our residents can, irrespective of age, can engage in various sports around the year, shielded from the weather conditions. This facility isn't just about recreation. It's an investment in the physical and mental well-being of our community. By providing a climate -controlled haven, it will encourage year-round physical activity, promoting a healthier and more active lifestyle. This complex, designed to accommodate a range of sports, will serve as a unfing force within our community to not only address the need for recreational spaces, but also position our city as a forward -thinking hub that values health, happiness of its residents. Crucially, this multi -sport complex will also provide a safe haven for our children, offering them a safe gathering space and keeping them off the streets. By channeling their energy into positive activities, we can cultivate a sense of community, reduce potential risk, and install a foundation for their personal growth. So, let us seize this opportunity to create a state-of-the-art facility enhancing our city's appeal while fostering a healthier, more connected community. Your approval of this project will contribute to the legacy that prioritizes our citizens' well-being and ensures a brighter, more active future for our city. Thank you guys once again for hearing me. Chair King: Thank you. Good morning. David Kassir: Good morning, Commissioner -- Commissioners, Chairwoman. My name is David Kassir. I'm originally from Washington, D.C. We moved our family here in 2014. I'm a father of three boys and living in Miami has always been a dream come true. It's always been known for -- as a vibrant city, but more known for its beautiful beaches, lovely nightlife, and diverse culture. And now it's making waves in the world of potentially athletics with the development of a state-of-the-art climate -controlled facility in Biscayne Park. This cutting -edge facility is not just another building. It's a symbol of progress, innovation for the City and its people. With its advanced technology, top- notch amenities, this facility will attract kids aspiring to become athletes from potentially all over the world, putting Miami on the map as a leader in sports. But it's more than just an impressive structure. This facility represents a new era of possibilities. From amateur athletes to seasoned professionals, this facility will provide a perfect environment for achieving peak performance. No more struggling with unpredictable weather conditions and uncomfortable training spaces. With this facility, aspiring athletes can focus solely on their craft without any distractions. But let's not forget about the residents of Miami. This is a state-of-the-art facility which will be open to the public, providing access to training equipment, programs previously only available for professional athletes. Imagine being able to work alongside some of your favorite sports icons and seeing local talent thrive in a competitive environment. However, what truly sets this place apart really is the impact on the community. As more people flock to Miami for potentially training and competitions, local businesses will see an increase in tourists and revenue. This means more job opportunities for residents, boost to the City economy. But above all else, this development showcases Miami as a forward -thinking city that really invests in its future. Thank you. Chair King: Thank you. Good morning. Zachariah Cosner: Thank you very much. Good morning. My name is Zach Cosner. I reside at 7180 Southwest 114th Terrace. I'm representing Friends of Biscayne Bay. Now today, we've heard a lot of people, a lot of your constituents mention their desire for a safe place to recreate with their children. We've also heard a lot of people express their admiration for the beauty of Miami that brought them here in the first place. I'd urge you to extend that understanding of your constituents' desires for safety in the City of Miami Page 28 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 places they recreate towards the beautiful, critical resource of Biscayne Bay. I have so much appreciation for the Marine patrols, the police officers that patrol Biscayne Bay and the areas within the City of Miami on the water where, you know, we need that enforcement, but there's a lot of support that they need, and a lot of support that they can get from you. They are overburdened. They need more clarity in the laws out there. There's still an epidemic of speeding, illegal fishing, illegal dumping, you name it. It's destroying rookeries. It's making the bay less safe to recreate upon. And we need to give these officers more support and more clarity. We can achieve greater clarity by making certain slow wake zones year-round. Why not? People are -- just this last week, we have multiple members of ours catch footage of illegal fishing right next to posted signage, pictures of huge boats speeding right next to kayakers, extremely dangerous. We can make things more simple by establishing no motorized vehicle zones. Things like that, more support, more clarity. Thank you very much. Chair King: Thank you. Good morning. Pamela Tabares: Good morning. My name is Pamela Tabares. I want to say good morning to the City of Miami and to address this to Commissioner Gabela and to every other leader, women or men, that finds itself in this room watching right now. And the question that I have for you is, what kind of leader do you want to be? And what is the legacy that you want to leave for the rest of the generations to come? We are in a world where technology is overwhelming our lives and it is invite in our space every second of our day. And what we need to foster in our kids is relationship and human connection. And this space that the Centners are providing provides that, a space for us to entertain ourselves with sports, with healthy competition, with challenges, with connection with our body and connection with other people. And not only this should be allowed, but this should be the first park for more to come. Thank you. Chair King: Thank you. Good morning. Peter Boutan: Good morning. Thank you, Madam Chairman, fellow Commissioners. My name is Peter Boutan. My address is 8000 West Drive, North Bay Village, Florida. I have an office in Midtown and my daughter goes to school near my office in Midtown where Biscayne Park is. I'm speaking in opposition to RE.19. I think we've heard a significant volume today about the quality of the park, the intention of the park. I would like to speak to the intention and results of decisions we make in our goals to improve our city, improve our community, our environment, and overall humanity. During -- just a little background, I'm an Iraq combat war veteran. I spent several years over there, and I can -- we all know that very often we hear things on the news that don't really reflect fruth and reality. And oftentimes over there I've watched the news and I'm like, where are they getting this from? That's not what's happening over here. And results similar to -- we had a program called the Commander's Emergency Relief Funds that were mapped to improve communities, improve construction, roads, and bridges. And very often the results weren't met. And I would say results have to do with radius to the actual activity. And here we have a greater close proximity to the radius of activity than we ever would in another country. And I would ask you to appeal to the compassion and empathy in your hearts, that you look at the intention and the results of what the Centners have already done and created, and the intention of results that are probably going to come from this park for generations to come, that should, I hope, give you pause to reconsider your decision. We heard the pain in the Vice Chairman Carollo's voice as a result of the press and what they can do to an individual in their life. And we know that the press doesn't represent the people, you represent the people. So, I hope during your time here and during your time in office that you could consider this for the benefit of humanity and the benefit of our potential in Miami. Thank you. Chair King: Thank you. Good morning. City of Miami Page 29 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Sabrina Clerie: Good morning. My name is Sabrina Clerie. I live at 1750 North Bayshore Drive. I live in Edgewater, three blocks from where this park is -- was going to be built -- is going to be built. My daughters and I benefit directly not only from the park but also from the generosity and the unmeasured giving of the Centners. My daughters have experienced programs that they had dreamed about. Okay, my daughter wanted to do speech and debate. They created that for them. They wanted to learn about business. My 11-year-old is now on her third business because of a program that they created. What they can't do is control the weather. And I know in the last three years that we've gotten rained out of so many events that took months to plan. The kids were devastated, the parents were devastated, the Centners rescheduled it all at a later date. They cannot control the weather. And that's the one thing, people have spoken so much about the heat. We have also what my kids call Flood Fridays, but they happen on Tuesdays, they happen on Sundays, we don't know when they're going to happen, but we live three blocks from the school. We don't walk to school for weather related, but also because sometimes we don't feel so safe. I'm a single mom. I am sometimes not -- don't even look fully grown, right, and I have to protect two little girls. This would change the lives of not only my children, my family, but children all over the neighborhood. You know, the park, the Margaret Pace Park, a couple people mentioned, it's packed. There are two dog parks, right? But people get mad at my kids for rollerblading because they're in the way, you know? This is a place that is for our kids. I grew up in Miami, I lived here 32 years. Chair King: Thank you. Ms. Clerie: Thank you. Chair King: Good morning. Nancy Mindez: Hi, good morning. My name is Nancy Mindez. I reside at 888 Biscayne Boulevard, and I've had the pleasure to interact with each of the commissioners here today, and I'm here to speak on behalf of PZ.3 and the importance of adhering to the master plan. I believe we had a representative from PAW (Perez Art Museum Miami) earlier. Growing up in New York City and being of European descent, every great city has a green space and a beautiful park to attract and to provide not only a benefit to the environment but to the community itself. There's been tremendous improvement made in ensuring safety of the residents. We've had a shooting. We also had a lot of homeless -- homelessness in the area and the park and I would find hypodermic needles. So, I want to thank the work that has been done, but also to be very mindful of what the plans for this park will be and the impact that will have to retain that natural beauty and provide the respite we all need in a large city. So, I ask that you take that into consideration and to also have the residents be very involved in making decisions if there are changes and to vote on those and possibly have Commissioner Pardo overseeing the park in the future. Thank you. Chair King: Thank you. Good morning. Luis DeRosa: Good morning, Commissioner. My name is Luis DeRosa. I'm with the, excuse me, I represent the Puerto Rican Chamber of Commerce. And I do value parks and their services to the community. I volunteer at Roberto Clemente Park, as you know, and I thank you for your support. And that park was named after the late great mayor for us, as Puerto Ricans, Maurice Ferre in 1974. But I'm here on another occasion to ask that the City Commission and the City Administration continue to support the MLK Wheels to Work program. I have seen firsthand the value of this program, how it's helped working people, women, men, on fixed incomes, unable to afford transportation to get around to provide for their family. So, I ask you to please continue supporting this program. It's a great program. I know I have sponsored a number of individuals, Dominicans, Puerto Ricans, you know, and the like, and Cubans also. And I can tell you City of Miami Page 30 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 it is a value to the community because it helps people with a hand up, not a hand down, as they say in Washington. So, thank you, and God bless you, and continue your good work. Congratulations to the new commissioners as well. Thank you. Chair King: Thank you. Good morning. Eric Hayes: Hi, good morning. My name is Eric Hayes. I live at 888 Biscayne Boulevard in Marina Blue. And I'm here to speak about the PZ.3, the warrant for the gym that was built. Commissioner Carollo, I think you did a bang-up job with the dog and cats walkway. Beautiful. It's used every day. I'm in the park every day with my fiance and my dog, and we love it. I think the gym, you know, maybe was not as thought out as maybe the dog and parks walkway. I think to be able to create a really good park that's inclusive for everybody. And I'm a school teacher. I'm not -- definitely not an elitist. I'm definitely not somebody who's here from New York to speak my ways, right? I'm an elementary school teacher. So, what I'd like to say is that if you're going to be doing a park or designing a park, inclusiveness of the community is important. And maybe somebody dropped the ball on that in the last few years. We'd love to be a part of your planning. We know -- I think Park Designing 101 would be understanding the market and the community. You know, I think the gym maybe was a miss, but everything else that's been going on has been very productive and positive. So, you know, I'm here to support our residents in downtown and I'm here to support the community. We have a lot of kids that could use a playground, you know, that live in the buildings where they have nowhere to play. All of our buildings have gyms already. So, it would be good for public, I guess, but for us and for the people that live directly in the community, we were kind of kept out of the decision -making process. And I know that emails were sent. Thank you. Chair King: Thank you. Good morning. Andreas Schreiner: Good morning. My name is Andre Schreiner, and I currently reside at 1800 Purdy Avenue, in Miami Beach. I'm a proud resident of Miami since 1997, a graduate of FIU, and a local hospitality entrepreneur and restaurateur. I developed several restaurant and hospitality projects over the last 14 years in Miami. But here today, supporting the Biscayne project -- Biscayne Park project as a concerned father of two little girls who are growing up in a digital era that's really destroying our children. I find it so hard to find safe places for my children to teach them sports and exercise, especially during the increment [sic] weather, the summer and the weekends. I grew up in Puerto Rico where we spent most of our time playing outdoors, but mainly in dilapidated, very unsafe parks or on the beach, and most of the time, you know, afraid of being robbed or worse. You know, the thought of having something like this was not even a dream for me growing up, and the fact that it can be a reality for my children I think is every parent's dream. The fact that something like this is frying to be, you know, shot down is unfathomable. This is a no-brainer for us. You know, not a single taxpayer dollar has to be placed into play in this. It's completely funded, and the benefits will be immeasurable for our community. I know Leila and David Centner personally, and I can vouch not only for their character, but for their integrity. Let's please do the right thing and move this project forward, for our children and for our community. Thank you for your time. Chair King: Thank you. Good morning. Nancy Lee: Hi, my name is Nancy Lee. I reside in Coconut Grove. My pet peeve is not answering your phones, Commissioners. And on Thursday, 2 o'clock last week, I called all ofyour offices and Commissioner Reyes doesn't even have a phone number. The only Commissioner who answered his phone, but not him, but his staff, was Joe Carollo. And I want to thank you for having people answer the phone, which is important to all of us constituents. Some of you don't even have machines. Mr. Pardo, Commissioner Pardo City of Miami Page 31 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 does have a machine. But I do want to thank you for answering your phone. I'm here today to ask you to terminate the City Attorney. The City Attorney has cost us a lot of money. She has also lost the public trust. So, I'm asking you to please terminate the City Attorney. Thank you. Chair King: Thank you. Good morning. Commissioner Gabela: By the way, can I just say one thing? Ma'am, I'm going to fix my phone. I promise. Ms. Lee: Thank you. Chair King: Good morning. Nikola Adamkova: Good morning. My name is Nikola Adamkova. I live on 6445 Biscayne Boulevard. And I have moved here from, after living in Tokyo and Sydney, Miami is the choice town for us and my son. I'm a single mother. And to say the least, I do not feel safe walking around with him by myself to public parks. We often find needles lying around, very, very disappointing state of the children's parks. The opportunity I think that, you know, the Centner family is giving to our children here is amazing to keep them away from the streets, to give them the sports life that we want, regardless of the weather. It is so hot here. We pass out when we have to do some sports activities. My son is an elite athlete. He's only nine years old, but he's, you know, very athletic. So, to me personally, this is a big deal and I'm here to support the cause if you would reconsider your position on this. Also, I think the Centners have a proven track record of moving fast on things. So, my nine -year -old could actually use that facility. He's not going to be 20 years old by the time this project is finished. As a mother and as somebody that, you know, moved here from Eastern Europe, Sydney, Tokyo, all of these places have facilities like that. Up in Greenwich, Connecticut, in New York, all of these multiplex, sportsplex, you know, places are available to children. Why not here? We've seen, you know, a beautiful group of young boys. Thank you. Oh. Chair King: There's two buzzers. You have 30 seconds, 25 seconds left. Ms. Adamkova: But we've also heard, you know, stories of sex trafficking and the dangers that this city is known for and I am afraid to go to a park with my child early in the morning or in the afternoon to even walk my dog that we are not going to be safe here and that place would just provide that for us. Thank you. Chair King: Thank you. Good morning. Susana Baker: Good morning, Commissioner and Chairwoman, and all the Commissioners of Miami -Dade and the City of Miami residents. My name is Susana Baker, and I'm here to talk about the Wheels to Work program. I came in 1988 from New York City to begin a new chapter in my life. I ended up in doing tourism, and in 2008, I was caught up with the economic challenges and foreclosure and so on. They say necessity is the mother of invention, and I started the first tour into Miami with the Wynwood Art Tour, and as well as Design District. In 2008, I was -- 2009, I started that, and in 2015, the only city in the country and in the world got Zika virus. Once again, I was faced with economic challenges as a single mom, losing almost everything again. I then decided to do something called the Wynwood Map, because I remember everybody would follow me around as I was talking about the cultural iconic murals or the places like in Design District. So, quickly I designed a map, but I had to do transportation with the map to deliver it. I had no car. It was already -- it was taken in 2009. So, it was really hard as a single mom to be able to do a business and to start my American dream. If it wasn 't for the Wheels to Work program that gave me, and luckily I was able to have a car by this program through the Commission and the program back City of Miami Page 32 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 in 2016. So, a year after Zika virus and the year that I created the Wynwood Map with the challenges of how to distribute and how to put food in my table, luckily, I was able to get a Nissan, brand new, and even get Progressive insurance that would never even take me in a million years. So, I thank you and I hope that the program continues because my success story starts from that. Chair King: Thank you. Good morning. Inga Beckman: Good morning. My name is Inga Beckman. I live at 655 Northeast 50th Terrace, Miami. I'm here to discuss significance of Biscayne Park. A free indoor sport park offers numerous benefits to the community. It provides accessible and free recreational opportunities for people of all ages, promoting physical health and well- being. Additionally, it serves as a gathering place for individuals to connect in social cohesion and sense of community. It offers safe environment for youth to engage in positive activities and sports in all weather. Biscayne Park is a climate -controlled environment ensuring year-round usability. The indoor park can also be used as a hurricane shelter for the public, and we all know that this is very important when we have emergency and very often we have hurricanes. Currently, the park is underused like -- and it will just -- it would be greatly beneficial if the City could accept the donation for this project so everyone can enjoy. And I want to say something that my -- I am a mother for two kids and for sports. He's a soccer -- my son is a soccer player. And for sports, every weekend we have to drive to a different, sometimes to Doral, sometimes to Kendall for games. And sometimes it's 30, 40 minutes. When we get there, it's rain, the game cancels, everybody needs to go back. And the kids are so upset. So, this is a great opportunity, and it's a great donation that can serve everybody, the school parents, the other neighbors that live in the area, and people that also can drive 50 and even 20 minutes to enjoy this amazing place. So, please reconsider it. Thank you so much. Chair King: Thank you. Good morning. Pamela Ndah: Good morning. My name is Pamela Ndah, and I am in District 5. I am here to speak on the MLK Wheels to Work program. I am a recipient. I was a recipient back in 2017. I had to walk pretty much two miles and take two buses to get to work in Margate, living on 79th Street. And I was fortunate enough to receive a call that I was going to be a recipient of something of what I didn't know until Martin Luther King Day. I was invited to breakfast and upon us having discussions on, you know, what's going on in our area and the parade. At that time, Commissioner Hardemon invited me outside and I was presented with a brand-new car, 14 miles. The only catch to that was to donate eight hours of my time monthly for a year and pay $125 towards that car. Now, let me ask each and every one of you in here as a single mother with three children, how many of us can ever ask for something better? And so just to let you know, that is still my primary car today. You can go outside and I can show you my car. And I'm so thankful for this program because I now work for the Broward Schools, and when I'm going into work, I see children walking into the schools in the rain or in the heat, and I will stop and pick these children up with this car that MLAK Work for Wheels program provided me. So, it doesn't only was bene -- it wasn't only beneficial to my family, but it also extended into my work family. I want to thank each and every one of you. Commissioner, I also want to thank you for allowing me to be a part of this program and I support it a hundred percent. And I ask that each and every one of you on this panel, please continue to support this program. I thank you. Chair King: Thank you. Good morning. Erica Peloskie: Good morning. My name is Erica Peloskie. My address is 3175 Elizabeth Street, here in Coconut Grove. I'd like to address the resolution to cancel the construction of a beautiful new rec center in Biscayne Park. I think that would be a City of Miami Page 33 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 missed opportunity. I'm a mother and professionally spent years transforming cultural capital into museum and community projects internationally. So, my point of view is as a beneficiary and parent and also as a former urban strategist. Flourishing cities intentionally have a constellation of spaces that contribute to the livability of a city, promoting well-being, mental and physical health, encouraging social skills, development, and cohesion, and fostering a sense of belonging. We know we need to make an effort to extend opportunities for all of this and for all ages across homes, neighborhoods, and wider urban systems. This site is a derelict stretch of green space that is being squandered. It is undesirable to a developer. Public private partnerships in this city are common and enhancing. But importantly, this opportunity would come at no cost to the user. It is the best -case scenario for those of us who need this kind ofplace to be the most. Thank you so much. Chair King: Thank you. Good morning. Maji Ramos: Good morning. Thank you for listening to me. Oh, is this better? Okay. A little short. I'm here about the Morningside rookery. Actually, it's Mangrove Island and there is a rookery on it. Specifically, we want funding from CA.1. And I just wanted to -- we have some new content on this. Okay, I apologize, I'm not seeing my video. We found last weekend that there are chicks on the island. I have a video that I will be emailing to you that actually has the sounds of the birds. You can actually hear them. We believe they're brown pelicans. There are magnificent frigatebirds, as you can see here in this -- you know, in the slide. And those are birds that are extremely rare. They only nest in the Dry Tortugas and apparently this rookery. What we are asking for is enforcement. Last weekend, I was out at the park and I -- you know, at the park, and I saw a school of dolphin, several manatees, turtles, all sorts of seabirds and many, many fish. I did also see an FWC (Florida Fish and Wildlife Conservation Commission) patrol, so that was great, but you know they need help. That's not -- we need enforcement. Maybe some patrols on jet skis. I'm not really sure what the solutions are, but we need help. We also need help with the pollution and fishing. There's a great problem with fishing. Oh, here we are, you can't hear it. Oh, that's a shame, this doesn't have volume. I'm going to have to email this to you. We saw a boat right next to the rookery last weekend that had about five different people on board with fishing poles. Everybody had a fishing pole. After they were done, they just dumped everything in the water. I'm not sure what they threw in there. I did witness this. And we have birds that are dying. You guys know this. We've had like six birds that have died in the last three months, which is alarming. This slide is even more alarming. This is a speeding boat that almost hit a kayak and this has happened multiple times. Chair King: Thank you. Ms. Ramos: Thank you. Chair King: Good morning. Melina Toffalo: Good morning. My name is Melina Toffalo. I live in 10 Southwest South River Drive. I'm nervous. Thank you for this opportunity. I've never been in a place like this. Can you hear me? I didn't prepare any speech. I will talk from my heart, because in God we trust. I'm here to support, of course, Leila and David Centner. They are like my family here. I am a single mom. I have two beautiful girls and they gave me a scholarship, a big scholarship, and as my friends too, there are so many people in the school with the scholarship because they are very generous. I hope you understand me. And of course, my girls played tennis for the last 10 years, so I'm the one taking them and always because of the weather, mosquitoes, heat, and everything is kind of terrible, but they are great. And now they are at the team, at the (FOREIGN LANGUAGE), you know, from the school. And they will be 10 times better, 100 times better, if they can play in a place, and also me, myself because I'm the one that's taking them and we can City of Miami Page 34 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 be more refreshed and we have people that they are helping us with this, that when I saw it, I said, this is not even real because did you see somebody can pull and everybody can see that? Because I think it's amazing what they are doing. And I hope they -- you will allow it to the city for the community to have this. I hope, because I say, ten years I have taken my girls and this will be amazing for everybody. And thank you. Chair King: Thank you. Ms. Toffalo: Thank you. Chair King: Thank you. Mr. Hannon: I'm sorry, Chair. Ma'am, can I have your name again for the record, my apologies. Chair King: (FOREIGN LANGUAGE). Ms. Toffalo: Melina Toffalo. Chair King: (FOREIGN LANGUAGE). Mr. Hannon: Thank you. Chair King: Thank you. Ms. Toffalo: You're welcome. Chair King: Good morning. Silvio Pupo: Good morning. Hi, Silvio Pupo, 1291 Northwest 37th Street. Chairwoman King, Commissioner Gabela, Commissioner Pardo, Carollo. Thank you. At first, thank you so much for having me in Constituent Tuesdays and working with us side by side to not just bark up the right tree, but help us make sure we bark up the right herbs and learn more about how we can really solve some of our local challenges. Talking about the challenges, there's many agenda items today. There's 99 pages in the docket. So, I'm going to be talking about and addressing different points. One of them is just acknowledging the support and the thanks for what we've been able to advance in terms of thinking of solutions for the rookery and protecting the bay. The second thing is in regards to some of the parks, which I've -- we've seen a huge turnout, which I'm very excited about, in regards to the parks. And I want to work more with the Parks Department and we're exploring other ways to also support Marine Patrol and the Police Department. And in regards to parks and our public right-of-way and the swales, we're actually out of compliance. We're out of compliance with the UM goals, we're out of compliance with executive orders from the White House, we're out of compliance with the County saying that we need to plant some, you know, native plants in different rights -of -ways. And I think that it would be my goal to help us build a smart, sustainable city. I'd like to ask for your support to help me help the City. And a big way to do this is not just Silvio, but an army of citizen scientists that want to contribute. One thousand eyes is going to be a lot easier than a hundred eyes. And 1,000 hands or 10,000 hands would much -- be much easier than the limited resources of the staffs that we have. In order to do this, I think we could also work with Miami -Dade County Public Schools, which we're in the middle of collaborating with and unlocking grants to help us plant more frees and create more parks, not just with the schools, but then training these students to maybe help us go into the parks to help us meet the shortcomings and address tree equity and address urban heat and a lot of these health issues. I also ask you to consider my appointment to the Resilience Committee by Gabela -- City of Miami Page 35 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: Thank you. Mr. Pupo: -- and I want to thank you so much again. Now, thanks again for your support and if anybody's interested in collaborating, I'd love to -- Chair King: Thank you. Mr. Pupo: -- be in touch. Chair King: Thank you. Mr. Pupo: Have a good one. Chair King: Good morning. Catharina Bernabei: Good morning and thanks for having us. My name is Catharina Bernabei. I live at 1713 Southwest 103 Place, Miami, Florida, 33165. I am a retired teacher of 42 years. I taught students with special needs. I am a mother and a grandmother. I am here to speak on behalf of the rookeries, of the bird rookeries of Biscayne Bay. My heart warmed with my speeches to human race, with the mothers and fathers who are concerned who want a safe place to raise our babies, our children. I hear, I am with you. Now be with me that the birds want a safe place for their babies. They are endangered. We all know and can't deny this global warming. And we have five years left to do something and if all these seats were taken in by dolphins, bats, birds, whales, manatees and they could speak, line up and speak for themselves. They can't be here but they are species of this planet. And it is a sign, if the birds are there, our planet is still livable. And if 100 years from now, my grandchildren, great- grandchildren, your children, your grandchildren, your great-grandchildren, have a planet that is ruined by greed because that's what's ruining the planet, greed. If it's ruined and they know that we knew that their planet would be like that, what will they say about us? What have we done? Chair King: Thank you. Ms. Bernabei: Thank you. Chair King: Thank you. Good morning. Valerie Slone: Good morning. Do I have permission to put up the -- some pictures? I hope you'll reset my timer for that. No, I'm just kidding. My name is Valerie Slone. I am a resident of Miami Beach. The pictures I did put up are renderings of the Biscayne Park before and after what the Centners are proposing. I do not feel it necessary to repeat all of the benefits that Biscayne Park will bring to the community. I feel like that was well -- really well represented today. I do find it necessary to remind you all of the generosity of David and Leila Centner to provide this facility to the City of Miami and to its residents. I do find it a privilege to be able to speak today and attest to their genuinity [sic] and wholehearted intentions and to support Biscayne Park, of course. As a mother of two small children, in today's world, I feel I'm always hiding from kidnappers and sex traffickers. Homelessness, drug users, scorching temperatures, rainy days, as well as screen time. A facility like this will give us a safe place to allow our kids to be kids, to engage in athletic activities. It's so necessary for emotional and physical well-being, especially today. Thank you. Chair King: Thank you. Good morning. Frank Pichel: Good morning, Ms. King. Good morning, Mr. Gabela and Mr. Prado [sic]. I don't respect anybody else on this board. Frank Pichel, the City of Miami has City of Miami Page 36 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 falsely arrested me on three occasions. I've never been convicted of anything. Every time I run for office, they find a way to falsely arrest me and discredit me and defame me, like it did a couple months ago. Never been convicted because all the charges were lies. Because they don't want me on this panel because I would expose all the fraud, lies, abuse of power that these idiots do. Four years ago, I was recruited by the FBI (Federal Bureau of Investigations) and they gave me this recording device. And they told me, record everything on Carollo, on De La Portilla, and on the punk, Francissy, who has spent between -- you and Francissy, has spent over $25 million of our taxpayers' money, embezzlement, to protect Joe from all the lawsuits, and Francissy, so he can travel the world to make himself presidential, to run for president, that idiot that I've known since he was eight years old. I know that he was institutionalized in a mental hospital because he was wacko, he still is, and why do we have to pay for this? Now, I'm suing everybody. Vicky, I'm running three, three bar complaints against you. And I'm not going to stop until you're disbarred. Same with Mr. Noriega. Art, don't you have a business with De La Portilla, a company? (COMMENTS MADE OFF THE RECORD) Mr. Pichel: Okay, but you are friends, right? You are friends, right? Chair King: Thank you. Mr. Pichel: You are friends, right? Chair King: Thank you. Mr. Pichel: Yeah, you're a liar and a thief too. Chair King: Thank you. (COMMENTS MADE OFF THE RECORD) Mr. Pichel: No, you're the (INAUDIBLE). Chair King: Thank you. Mr. City Manager -- Vice Chair Carollo: Madam -- Madam Chair. Chair King: -- Mr. City Manager, and for all of my colleagues on the dais, we do not have to attend every party that we 're invited to. I understand. We do not. Good morning. Vice Chair Carollo: That's correct, Madam Chair, but -- Chair King: You 're going to -- Vice Chair Carollo: Point of order, point of order. Chair King: -- you 're going to have your -- Vice Chair Carollo: I'm not going to talk on anything he said. Chair King: Okay. Vice Chair Carollo: I just want to establish a point of order. Is it going to be the new trend of the Chair and this body to, first of all, allow anybody to come and speak out on anything that's not in the agenda? City of Miami Page 37 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: Well, let -- Vice Chair Carollo: We have always had the policy that people come -- Chair King: Yes, we do. Vice Chair Carollo: -- to speak on what's the agenda. If they want to speak on something else that's not in the agenda, they could go through the proper channels and get time to come in and address this body. Commissioner Gabela: Sir, we're in the United States ofAmerica. Chair King: I under -- hold -- Commissioner Gabela: We're in the United States ofAmerica. Chair King: Commissioner -- Applause. Commissioner Gabela: Last time I checked, and they're citizens -- Chair King: Out, out. Commissioner Gabela: -- and on that one -- Chair King: Sergeant at arms. Commissioner Gabela: -- I don't agree. Chair King: Commissioner Gabela, please. Commissioner Gabela: He might be not talking the truth -- Chair King: As I was -- Commissioner Gabela. Commissioner Gabela: --or anything else, but this is not correct. Chair King: Commissioner Gabela, please. Commissioner Gabela: Okay. Chair King: One -- Commissioner Gabela: Oh, I can speak. Vice Chair Carollo: Chair -- Commissioner Gabela: He's speaking. Chair King: Yes, I'm -- Commissioner Gabela: I have a right to speak. Chair King: -- I'm stopping him from speaking as well, and you don't have to over speak me. City of Miami Page 38 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Gabela: I don't over -- but Madam Chair, we had this conversation before. Chair King: Commissioner Gabela, Commissioner Gabela. Commissioner Gabela: I'm not over speaking, this is my tone of voice, I can't help myself ma'am. Chair King: I understand. Commissioner Gabela: I'm not disrespecting you, please. Chair King: I understand, I understand. Commissioner Gabela: I'm just -- Chair King: Commissioner Carollo, please let me make my statement. You will be -- have an opportunity to address, after public comment, you will, and let me say why I allowed him to speak, because I'm sure he was speaking on the item for our City Attorney. I'm sure he was speaking on what the Manager said. Someone, anyone, because he didn't call it out, and it's easier to allow him to say his two minutes than to go back and forth and deny anyone their First Amendment right to speak. And let me say this also. Sticks and stones. Sticks and stones. (COMMENTS MADE OFF THE RECORD) Chair King: If someone got up here and said something about me, "Oh, Commissioner King, you're purple," I will not be offended because I'm not purple. I don't take this stuff that anyone says personal. I do not get any validation from any media article that writes anything good about me or anything bad about me because I'm a public servant and I serve my community. I know everyone doesn 't feel the same way I feel and that's why you're going to be able to say what you have to say and that's why you can say whatever you have to say. I do not try to stifle anyone. That's it. He has a right to say whatever he wants to say because there are several items on this agenda that address whatever he said. Do I agree with him? Do I agree with everyone that comes up and speak? I'm just allowing the community to speak and I'm not trying to take a side with anybody. I'm not frying to give anybody any special rights. I know people can be hurtful and say awful things. Vice Chair Carollo: Chair. Chair King: He would just come -- next time he'll be more prepared to -- oh, I'm speaking on this item, this item, and this item. Vice Chair Carollo: Chair, I had the floor when I was interrupted. This is the second meeting that this has happened and I'm trying to keep decorum, even though I know that if I fry to ask for the floor back, I'm immediately going to get the yellow press saying Carollo is arguing. It's all his fault. Chair King: I'm going to do a better job of letting all of you be heard. Vice Chair Carollo: Now I -- Chair King: I'm going to do a better job of that. Vice Chair Carollo: Yeah, but I do not want to be interrupted and shut down like I'm -- it's happening only because I'm trying to keep decorum here. If this is a free-for-all, I City of Miami Page 39 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 know how to play that also. You know, but I'm not going to beat Tony Soprano down. I am not going to allow that to happen anymore. So, I'm letting you know either we deal with decorum, or if it's a free-for-all, then we deal with a free-for-all. But I don't interrupt people when they're speaking up here. And I only ask for that same respect that I give order -- others when they're speaking to be given to me, whether we agree or not. Chair King: Thank you. I won 't interrupt anymore. To any of you, to any of you. Good morning. Grant Stern: Good morning. Commissioner King, may I have one minute to provide some factual information to this body about the discussion offorum? Chair King: Within your two minutes, within your two minutes. Mr. Stern: I'll skip it then, thank you. Chair King: Okay. Mr. Stern: My name is Grant Stern. I reside at 425 Northeast 22nd Street. I'm here today to ask this Commission to vote yes on the item that would strike down Biscayne Park as a multi -decade resident of the neighborhood, and I'll tell you why. Also, I'm here to ask the Commission not to renew the contract of the City Attorney and to vote yes on the termination of the City Attorney. Let's start with the real reason that almost all of us are here today. It is public corruption. The people in the green shirts, appropriately green because green is what makes the decisions in this city, are here to support an act of so-called philanthropy. Miami has a false claims act and calling giving money to a park across the street from your private venture philanthropy stretches the boundaries of the word to the breaking point. I live very close to Margaret Pace Park, which has not seen a dime of investment in the last decade, or really for the last 20 years it's been there. Okay, so the new Margaret Pace Park, 20 years old. Dorsey Park is in Overtown. It is less than 1, 000 feet from the Centner's Academy, but I do not see them here trying to do that. They do not want to fix Dorsey Park. They want Biscayne Park. Biscayne Park was designated by our past commissioner for an affordable housing swap with the Miami -Dade School Board, which would alleviate a traffic problem that we all experience on 15th Street and give the School Board space to have their school in a school district. So, here we are with a group of people asking to uphold the literal fruit of the poison tree, bribery. And as to the City Commissioner [sic], I can just tell you this. I have seen her do very similar things, whether it's hiring lobbyists to the City without disclosing it or bullying City officials into giving out illegal approvals and then lying when she is caught. So, I think that this City needs to consider corruption and consider that its first priority, fighting it. Thank you. Chair King: Thank you. Good morning. Daniel Lee: Good morning. My name is Daniel Lee and I live with my wife and my son at 13 Northwest 44th Street within the City of Miami. I come to speak about the proposed park, the proposed change at Biscayne Park. I've been a resident of Miami for over 20 years in the downtown area and I've seen the great work that the City has done. We're very thankful for everything you do. There might be different opinions, but in essence, our life is better every single day thanks to all the hard work that you guys do. As a resident, I believe that I and my neighbors would greatly benefit from this park, basically because it would be an indoor climate -controlled facility. And that means a lot to a city that is right on the beach and suffers all the climate things that we suffer. I do not believe the City or County offers a similar space anywhere else. And I believe that the quality of our lives could be greatly impacted by this. Neighborhoods such as Biscayne Corridor and Edgewater need much more public space. We have parks. City of Miami Page 40 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Obviously, the gentleman was speaking about other parks. But we need better parks. We need parks that are modernized, that offer better facilities. There are so many high-rises that have so much space within their communities for the residents, but other people like myself who live in single-family homes many times do not have that public space to enjoy. Such an addition would be very valuable to local residents and would probably become a destination within the city. I thank you for your consideration. I thank you for your time and thank you for listening to me. Thank you. Chair King: Thank you. Good morning. Nicole Desiderio: Good morning. My name is Nicole Desiderio, 900 Biscayne Bay. I have lived in South Florida practically all my life, in Miami for 18 years, and at 900 Biscayne Bay directly across from Maurice A. Ferre Park for the last 13 years. I'm here to speak on Item PZ.3. On November 15th, the Planning, Zoning, and Appeals Board voted to remove the gym equipment that was placed in the park. They concluded that the warrant was obtained illegally and there was no public input for this. I believe that due to the fact that this park is located in District 2, Joe Carollo should be removed as chair of that trust and Damian Pardo should be appointed chair. Thank you. Chair King: Thank you. Good morning. Amina McNeil: Good morning, Madam Chair and Commissioners. Oh, sorry. My name is Amina McNeil. I'm the president and CEO of the Martin Luther King Economic Development Corporation, and I'm here today to ask for the Commission's support on Item Number PH 5. We are asking for $300,000 so that we could continue the Wheels to Work Program. Since the inception of this program in 2016, we have had over 30 -- well, 35, I would call them success stories. These are low to moderate income families that either live and work in District 5, and with the opportunities provided by having a new car, they've been able to seek better employment and better job opportunities, some of which you have heard today. We've had participants that have started as hourly workers and because of having reliable transportation, they've been able to go to the police academy, become a member of law enforcement, and they're now even actively in the process of becoming a property owner in District 5. The reason that we're asking for more money than we have in previous years is because since the program has started, the cost of cars has doubled. When we first started the program, the cars were about $13, 000. They're now approximately $25, 000, and we also cover insurance for the first year, which would be at least 47, on average, $4, 700 a year. So, we 're asking for this support. This isn't just a handout. Our participants, they attend financial literacy courses, and they also have to do community service. So, while we're sowing into them, they are sowing back into the community. So, I ask that we have the four - fifths vote necessary and continue the program with partnership with the City. Thank you. Chair King: Thank you. Good morning. George Pacinelli: Good morning. My name is George Pacinelli and I live at 900 Biscayne Bay, and I'm here to read a letter from the president of our HOA (Homeowners Association) board, Stephen Smith, who's unable to make it today. It's addressed and it was sent to the City of Miami Mayor and City Commission. It's referencing PZ.3, the resolution of the City of Miami City Commission granting or denying the appeal filed in reference to Maurice Ferre Park. Dear Mayor and City Commissioners, I want to first thank the Planning and Zoning and Appeals Board for their time and attention to reviewing this important matter. Our first PZAB (Planning, Zoning and Appeals Board) hearing began at 6: 00 p.m. We were seen at 11: 30 p.m. and it ended at 1:30 a.m. We were all subsequently granted a continuance for a meeting a few weeks later. The number of citizens in attendance, the amount of time dedicated to debate, and their insightful questions over those two hearings are indicative of how City of Miami Page 41 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 important they took this issue. We can all be proud of these public servants who labored over this issue. Humbly we ask that you honor their decision and support our community's appeal. There are three primary arguments that we wish you to consider when ruling on this matter. First, if change is necessary and appropriate, are you comfortable delegating the design elements and park planning to untrained and unqualified individuals when those highly paid consultants previously hired to develop the master plan are right here in the Magic City? Second, do you consider input from the residents a necessity and/or important when significant transformation of a crown jewel like Maurice Ferre Park is to be considered? Lastly, this jewel on the bay is incredibly special to the downtown -- to downtown and District 2. Is it appropriate to radically change its destined DNA when acres of alternative active recreational park space are just a few hundred feet away in Parcel B as designated in the master plan and the new underdeck which is far more suitable for pickleball courts, gyms and anything else the City Commission deems needed? Chair King: Thank you. Thank you. Good morning. Denise Galves Turros: Good morning. My name is Denise Galves Turros. I live in 2130 Southwest 20th Street in District 4, and I have my offices and my business and my heart in Little Havana, D3 (District 3). I'm here to speak to two items and because I'm sick of talking about the problems of the city, I'm going to keep it positive. I want to commend Commissioner Manolo Reyes. I know he's watching from his office. Thank you so much for finally listening to me after five years of proposing that we open an Office of an Inspector General. I'm so happy that he's had the courage to put it on the docket today. I ask you all to please support him. And I only ask for one other thing. In the interim, while we're waiting to establish that Office of the IG (Inspector General), please ask the County and sign a memorandum of understanding so that they can provide oversight until that office is established and until it's put on the ballot. That is a huge step for this city. It's something that no other commissioner has ever had the courage to propose, and I know he's doing it because he has your support. Number two, really quickly, please end the experiment with Tower Theater. I've been working to preserve Little Havana for years. It should be in the property of the public. It should be opened up to a public RFP (Request for Proposals). Why he's asking for more money now when that thing operated itself under Miami Dade College for over 25 years at no cost to the City. Please end the experiment. Take that asset away from him and give it back to the public. Let an organization or a nonprofit bid on it to run it and see what's the best option. Thank you. Chair King: Thank you. Good morning. Gaston Smith: Good morning. Good morning and happy new year, Madam Chairwoman, and to Mr. Carollo, good to see you. Mr. Gabela, congratulations. And Mr. Pardo, congratulations, to my friend, Mr. Mayor and Mr. Manager, Madam Attorney, and to each and every one of you. Let me first of all tell you, for those of you that do not know, I'm Pastor Gaston Smith, pastor of the Friendship Baptist Church in Liberty City, where we've been in the community for 95 years. I've been coming this way 21 years. Let me commend you, first of all, Chairwoman, for implementing prayer before these meetings, because God knows we need prayer. And so thank you so much for that. I'm here in support of PH5. Every one of you that are on the dais today are successful. And you are successful because somewhere down the line, somebody gave you a hand or a hand up, not a handout, but a hand or a hand up. But if we were to be honest and transparent and candid, we would say, yes, somebody helped us along the way. For the last few years, I have witnessed families being blessed, excited about being presented with these wheels to work. These cars have allowed these families, many of them are single parents, to get to work and to get even better employment. It's pocket change in comparison with the budget of the City of Miami, that we could invest in these hard-working people that are spending their money in Uber and Lyft and public City of Miami Page 42 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 transportation, taking hours away from their family, catching three and four buses to get to work. Some of them are working two jobs. To invest in them so that they can become more productive in our community. I've watched it work. I'm not telling you anything out of theory. I'm telling you out of experience. I've watched people become more productive. I've got two beeps, so I've got to get out of here. I've watched people become more productive, do the right thing, and please support PH.5. God bless all of you. Chair King: Thank you. That's my pastor. Good morning. Mel Meinhardt: Good morning, Madam Chair. Many allege the personal failures of elected officials or City officials and call for their removal or replacement. Not L However, I fear the City is at risk of structural failure. Let me point three short examples. Willful blindness. The independent auditor general reports directly to this Commission, not the Mayor, not the Manager. In the three years before any of the current Commissioners took their seat, the LAG (Independent Auditor General) conducted 17 internal audits of the City's departments, two-thirds of their audits. In the past three years, the number of internal audits is zero. Internal audits have been replaced by 27 audits of garbage collection contracts. Two, accountability is separated from authority. High profile City trusts and CRAs are now led by Commissioners from districts outside their borders. Trusts and CRAs are best served by the Commissioners within those geographic districts. For example, Bayfront Park, Omni areas of District 2, are challenged with the care of homelessness and management of parks in urban environments along the bay. Inexplicably, those organizations are led by commissioners outside District 2. Three, failed representation. The federal courts have ruled repeatedly now that the City's system of commission district representation is not legal. Yet this Commission and the Mayor continue to support the failed system. Madam Chair, we are well past the point of trying to fix a failed system by tinkering around at the edges of it. It's time to admit structural failure is eminent and scrap the City Charter, organize a new government worthy of the fine citizens of this city of the future. My name is Mel Meinhart. I live at 3075 Virginia Street. Thank you, Madam Chair. Chair King: Thank you. Good morning. Mario Alvarez: Good morning. Mario Alvarez, District 2. Sorry, Mario Alvarez, District 2. I'm here just to say that I'm not for the park right now, and the reason is because I'm not confident in our City Attorney to go over through the details, which we all know the devil lives in the details of the confracts, and that's the only reason I'm not for the park. I think the park's a good idea, I just think we need somebody else to represent the confracts and all that stuff. Also on PZ.3, I think, it's been mismanaged by Carollo, and I think it's time for him to get off the board. And that's all I have to say. Thank you and have a great day. Chair King: Thank you. Good morning. Daniel Figuerero: Good morning. My name is Daniel Figuerero, and I'm a resident of Silver Bluff. I'm also the owner of Sanguich de Miami, and I own property in your district, Mrs. King. And I'm here, an interesting turn of events. I wasn't going to speak. I was actually on my way out, but Steven Miro did something pretty admirable. He apologized, and he apologized for the pain that he had caused our business at the hands of Joe Carollo. And on my way out, I wasn't really going to say much, but you know, that was very big of you, so you're forgiven, brother. That was very admirable. Joe, you once called me a coward on national television, and I'm here in front of you, wearing my shirt. I'm still standing. Karma is cold, and it creeps in the bed at night, and I hope you sleep well knowing what you've done to the community of Little Havana and someone like me. Thank you very much. Congratulations, Commissioner Pardo. Congratulations, Commissioner Gabela. City of Miami Page 43 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: Thank you. Good morning. James Torres: Good morning, Chairwoman. James Torres, President of the DNA (Downtown Neighbors Alliance). First and foremost, I'd like to speak on one item that was brought up this morning, the PI.1, as it relates to the murals and the billboards throughout the downtown core once again. As you know, the DNA has been actively on this item because we do not feel that the billboards are adequate in terms of quality of life. The DNA has had extensive conversations with District 2 Commissioner Pardo as it relates to those items, and this kind of fringes on an issue where this particular billboard is at Maurice Ferre Park, based on the longitude and latitudes that are set forth. So, we're asking to continue to explore that conversation and please share with the DNA as to what the outcome may or may not be on that particular item because, as you know, several months ago during the election campaign and prior to that, the DNA was actively going against those items that were brought before. That's item number one that I'd like to address. The next item is PZ.3. As you know, we've been on this item for several months. PZ.3 is about the warrant issue. We're asking that this Commission here today, with the exclusion of District 3, revoke the warrant as it relates to what is going on at Maurice Ferre Park. The reason for that is we do have a hearing that is set before us on a PZ item that we have to address sometime here today. I'm sure it'll be this afternoon instead of this morning right now. I'm not 90 years old so I know I'm short on time. So, I appreciate the time and effort in addressing this item so if we can look forward on these two things, thank you. Chair King: Thank you. Good morning. Felipe Solano: Good morning, my name is Felipe Solano. I live in 851 Northeast 1st Avenue, Miami, Florida, 33132. I'm speaking here on behalf of my family, my son, who is part of the Centner Academy, in support of the Biscayne Park. What I am here to tell you is like you have to take into account that this park is for the benefit of the kids. It's for the benefit of the community. It's an investment that you all can just put in and see how it grows. I have seen it for two and a half years. My kid has been enrolled in and been part of the Centner Academy community and school. Me, a doctor, physician, pathologist, my wife who works for UM (University of Miami) and Jackson, also physician, pathologist, we are dedicated to human beings, our entire life. This is an investment on kids. So, don't pass this opportunity. It's in your hands. Chair King: Thank you. Good morning. Brian Kern: Morning, Madam Chair -- Chairwoman. I'm the co -appellant for PZ.3. I've got a presentation that's going to be certainly longer than two minutes. I want to be respectful of your time but would you like to hear that now or should it carry over until the afternoon when that's heard? Chair King: You would have an opportunity to present your -- your video during our PZs -- Mr. Kern: Okay. Chair King: -- when that item comes up. Mr. Kern: Thank you. Mr. Hannon: Sir, if I could just have your name again for the record, just -- Mr. Kern: Brian Kern. City of Miami Page 44 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: Good morning. Carolina Arashiro: Hi, good morning. We are Carolina and Guilherme Arashiro. We live in 3131 Northeast 7th Avenue, Miami, Florida. So, we are here. I listened to all our friends speaking and I wanted to speak on another point of view. We are both architects. I graduated from OF (University of Florida) 20 years ago almost and I am a lover of growth, of City of Miami in particular. So, I think we are very fortunate to see and be participate on the growth of Miami. And I've been working real estate, architecture, development since I graduated, and I think it would be a loss for the City to lose a project like this. I have a seven year old, of course, on the weekends, you're going to see me playing soccer, see him playing soccer with my son at the Midtown Park, because we really don't have a lot of soccer fields for him. But besides this, I -- it just makes me happy to see all the growth and all the investments in Miami. It's very hard to find investors, developers, philanthropists who are willing to spend that amount of money without having a very, very net profit. And that's what they are looking into doing. I think we cannot pass -- Miami cannot afford to lose this project. And I would request that everybody come together to find a way to make this project work. I think it would be amazing not only for the kids, for the City, and to make Miami even greater. I think these projects are the type of projects that make Miami great and put us on another level, national level. Thank you. Chair King: Thank you. Mr. Hannon: My apologies, Chair. Ma'am, if I could just have you state your name again for the record. I missed it. My apologies. Ms. Arashiro: My name? Mr. Hannon: Yes, ma'am. Ms. Arashiro: Carolina Arashiro. Mr. Hannon: Thank you. Ms. Arashiro: Thank you. Chair King: Good morning. Pedro Da Silva: Good morning. My name is Pedro Da Silva. I live in Morningside at 570 Northeast 53rd Street. I'm here to speak in favor of the sports complex project. I really hope it doesn't get canceled. You know, Miami is growing. We need more parks. We need more places where we -- our kids can do sports. So, I think this project is a step in that direction. And you know, children are such an important part of our community and they need your support and I hope you can support them. So, I'm here to hope you vote no on that resolution and thank you very much for your consideration. Chair King: Thank you. Good morning. Tiago Da Silva: Hello, my name is Tiago Da Silva. I live in Morningside on 53rd Street, Northeast, 770. Okay, so my name is Tiago Da Silva. I live in Morningside. That's my dad, Pedro Da Silva. I live on 53rd Street, Northeast, 570. I'm here to talk about my opinion about the park or the project being made. I, myself am a student of Centner. I'm in fifth grade. I've played on the -- that same park with my soccer coach. And sometimes you have to escape on the rain because -- or wait for the rain to pass or sometimes it's -- the rain or the ground is really like wet and if you play with it on cleats you can damage the ground and we really don't want to do that so sometimes we skip out and play inside. So, the idea that we can have a park being made so we can play City of Miami Page 45 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 indoors and so we can always play no matter -- even if it's raining, would be a really good idea, and that 's why I'm supporting it. Thank you. Chair King: Thank you. Good morning. Luimar Zibetti Garza: Good morning, grand rising. A couple of things regarding the -- first of all, welcome to 2024, the year of retribution. To those who are here, Katt Williams sends his regards. And regarding the cars and wheels to work, can we somehow bridge that over into the tiny homes for work? I am the token homeless, Luimar Zibetti Garza, the token homeless of Coconut Grove. I've got here, and I would like a lot of you to look at RE.19, which seems to be the subject du jour. If you will look at sunbiz.org, please note that it is a foreign limited liability company, sub to DLC Capital Management, and Jamie Mandel is the ultimate purveyor of this property. So, I would hope that some of you would research that and if you want to tie in with Beckham, please do not, as their loyalty to the US is questionable and they have their particular handlers. Mr. Gabela, please be careful with certain white suits and their greasy Saturday Night Fever style. I have dealt with this particular one before and you need to reevaluate that a little bit more. And finally, to the Francis Suarez, you are a traitor. You have demonstrated yourself to weaponize your power against American citizens and a lot of that will come out. And to the City of Miami Police, as I told the City of Doral Police, you need to separate the wheat from the chaff from the Freemasons who are within your departments. The blue will soon run red ifyou do not go in and get rid of it because I personally can smell the Freemason decay. Thank you. Chair King: Thank you. Good morning. Fernand Amandi: Good morning. Happy New Year. Fernand Amandi, resident from the South Grove, speaking on Items 11 and 9. The appearance of impropriety. The appearance of impropriety is a phrase referring to a situation which to a layperson without knowledge of the specific circumstances might seem to raise ethics questions. That phrase was also curiously used in the most ironic of manners by our mayor, Francis Suarez, here today, in a recent and recently rare veto issued on Christmas Eve. The sad truth is that, yes, a near permanent appearance of impropriety hangs like an impenetrable cloud stuck over our city government. We all see it with the predatory actions of the City Attorney and her husband over the disturbing and highly irregular use of Code Enforcement decisions at the expense of vulnerable seniors and their housing to commit what appears to be clear-cut real estate fraud. We see it with a tainted land deal, led and negotiated in bad faith by a former Commissioner involving the transfer of a public land use in Biscayne Park to a bizarre private for profit industry and business operating under the euphemism of educational providers. This deal, by the way, led to the Commissioner's indictment on corruption charges on that very deal. We also see it with the indefensible actions of our City Manager in having his wife's company pay tens of thousands of dollars to remodel his office, something that even the Manager himself admits arouses suspicions of impropriety. There's that word again, impropriety. To sincerely and truly avoid the further appearance of impropriety, I urge all of the Commissioners here today to vote to fire our ethically compromised City Attorney, to overturn that tainted land deal that Commissioner Diaz de la Portilla negotiated in bad faith at Biscayne Park that led to his arrest on corruption charges, and to propose a motion of censure and no confidence in our City Manager for his improper actions of his words, arousing suspicions of impropriety involving his wifee's furniture company. Thank you very much. Chair King: Thank you. Good morning. Cecilia Tavera: Good morning. Cecilia Tavera, 2 Grove Isle Drive, Apartment 1405, Coconut Grove, 33133. I yield my two minutes to Billy Corben. City of Miami Page 46 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Billy Corben: Good morning. Happy New Year. Billy Corben, PO Box 403004, 33139. My comments pertain to RE.7, 11, 15, 19, 20, PZ.3, and DI8. Miami is a predator city. With a few exceptions, most of the people in charge are not public servants. You exploit the public to serve yourselves. You ask not what you can do for the city, but what the city can do for you, for your cronies, for your spouses. We have a City Manager who doesn 't even live in the City, who writes checks with taxpayer money and hands them to his wife for overpriced office furniture. We have a City Attorney, who also doesn't live in the City, who is being sued for a house flipping scheme with her husband that allegedly exploits and deceives elderly homeowners. We have Francis Suarez -- nice of you to show up -- who works as a private concierge mayor for millionaire and billionaire clients, a mayor who will sell his public office to anyone, anywhere, for any price, even for imaginary coins. We have one city commissioner who was arrested and another who uses the budgets of Bayfront Park and the Tower Theater as slush funds and allegedly uses vendors for kickbacks to him and his wife. Fortunately, the U.S. Marshals will be taking that money off your hands soon. The City is drowning in a sea of scandals, unethical and possibly illegal conduct. I can't imagine what this must be like for our new commissioners, Gabela and Pardo. Some of your colleagues in this Administration are already weaponizing your own government against you. It's in the agenda. But you all have a chance to prove me wrong, your critics, the press, all of us wrong today. There's two items on the agenda that are litmus tests for the Miami Mafia, RE.11 and RE.19. RE. 11, please end the humiliating tenure of mob lawyer Vicky Mendez, the enabler and co-conspirator in much of this misconduct that has embarrassed the City all over the world for so many years. And RE.19, without casting aspersions on the project itself, we all know that this real estate deal was the subject of an indictment in which one of your colleagues that you served with up here for years, some of you, was arrested for bribery, money laundering, and campaign finance crimes. Are you a corrupt cabal or are you capable of doing the right thing? Vote yes to terminate the revocable lease -- revocable license. In the meantime, Commissioners Gabela and Pardo, and the good City employees out there, stand strong. We have your backs. We support you and the hundreds of decent, hard-working City employees who are being held hostage in this toxic free-for-all of fear, intimidation, and revenge. The bullies will not win. We will fight their lies with the truth. Thank you, Madam Chair. Chair King: Thank you. Victoria Mendez (City Attorney): Madam Chair -- Chair King: Good morning. Ms. Mendez: -- we would like to ask Mr. Corben if he can represent, pursuant to the City Code, how he's been paid to be here and the things that he is alleging, the things that he is alleging with regard to my husband that he is involved in personally and Ms. Denise Galves back there who went and found a guy to sue me and my husband in order for you to have a reason to come before the Commission and ask for my job. The reason why I've lasted over ten and a half years is because of my integrity. The reason why people like you get to bully me every day and I don't lose sleep over you is because you are a vile little man. Unidentified Speaker: You sure? Chair King: Good morning. Brenda Betancourt: Happy New Year -- Commissioner Gabela: Happy New Year. City of Miami Page 47 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Ms. Betancourt: -- and let's hope the civility can be back to normal. Brenda Betancourt, 1436 Southwest 6th Street. I just want to give a little brief message to all of us, and I'm including myself in it. The City has plenty, plenty problems to resolve. We have the streets that need to be resolved. We have the businesses that need to be helped to get certificate of use. We have mitigations in place. We have so many things that we have to focus ourselves on. And to be honest, I am a citizen of Miami. I work, live in the City of Miami. And when we involve people who work for us or its students because we give them something to come and speak on behalf of something, that's wrong. I am in favor of PZ.10 and the reason that I am in favor is because we need to figure out how we're going to do more units for all our residents to live in the City and not to go somewhere else. Sometimes when we live in a house, we want to be protected. Well, we have the champion, Commissioner Manolo Reyes has championed to protect your single family home at T3. Sometimes we do not agree, but he's protecting you, T3. If you are a single- family home, you are protected. It's not -- let progress to move because we have 30,000 affordable housing vouchers waiting for units to be built. And Miami 21 does not work. It was a mistake a lot of things that was approved. And if you are not smart enough to even see it, then sorry for that. But we need to change to do more units for everybody else. Thank you. Chair King: Thank you. Good afternoon. Miguel Soliman: Good afternoon to all. Happy New Year. First of all, Chairman King, I would like to congratulate you for your actions with a senior we had earlier. It is very admirable and very respectful. Thank you very much. That's a great example of our true hearts here in the City of Miami. We have a lot of very difficult, very difficult times we're living through in our city, and there's a lot of situations that have aroused. I think and I beg each of you to please consider that we have to -- we have to -- we have to change this image that has come of late and I think we should start by doing a wrong that our previous Commissioner Diaz de la Portilla did when he changed the district line. I think that was a huge error for whatever reason. It was a mistake and obviously the State recognized it as such. And I think it's time we change that line back to the way it was originally all the time. And we put this issue with Commissioner Miguel Angel Gabela to rest and let the Commissioner serve as he was elected by the people that voted for him in his district. So, I beg for you to please change that line back and let's put that item to rest and just mend our city. Thank you very much. Chair King: Thank you. Seeing no other persons wishing to speak for public comment, the public comment period is now closed. Commissioner Carollo. Vice Chair Carollo: Thank you, Madam Chair. And I hope you would make sure that I will not be interrupted. Let me get the mics closer so I can speak. I have seen a trend here today that frankly has been overboard and we haven't seen here in years. Individuals, some that don't even live in the City, all connected to individuals in one way or another that are trying to take tens of millions of dollars from the City come up here, insult, defame, accuse, and we can't even respond to them at that moment. But this is something that this Commission, nor any commission that I know of allows for people just to come defame and accuse, because otherwise, you turn democracy, civility, upside down. Let me see where I can begin with. With the little guy with -- they're all smiles, Mr. Cohen. Oh, boy, he's just all smiles. This guy, if you've ever seen or heard a voice representing corruption, that's him. He 's paid to attack many of us here. Yes, paid. He was put on the payroll way early on, years back, to go into all the TV newscasts from when, since I was 24, go through newspapers, see anything he could find to come at me. For those of you that haven't heard this before, Luke Campbell. You know Luke Campbell, right, Mr. Mayor? And please correct me if I say something that's wrong. Luke Campbell told me that Mr. The Voice of Corruption, Billy Cohen, known to some of you as Billy Corben, that doesn't live in the City of Miami, that he brought in a guy named Zac Bush, partners with a guy that came on the phone, Bill Fuller, to speak to City of Miami Page 48 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 him. At the time, he wrote for the Miami New Times, and they made him an offer of $5,000 for his optimist Liberty City football club. They would give them $5,000 if he would write an article to call me a racist. Well, Mr. Campbell did not accept doing that because he knows me, he knows I'm not a racist. He didn't get the $5, 000. Now, Luke Campbell was the one that told me the story. And then, to my surprise, sometime later, the Mayor told me basically the same story that Luke Campbell told him of what had happened. If I'm wrong, please interrupt me, Mr. Mayor. So -- Mayor Suarez: He told me that story. Vice Chair Carollo: Yeah. This guy goes around pretending that he 's the do-gooder. He's against corruption. He wants transparency. But he's protecting corruption. What his masters want, they want to take from the City over $100 million. Over $100 million. But even if you put all their properties in the City of Miami together, they're not worth even half of that. And they're upset because the City of Miami, in order to defend itself from numerous lawsuits that they filed, including lawsuits to try to intimidate every employee of the City so that no one would be there to stop whatever they want to do, and they could get away with anything they would do. And I'm talking about personal lawsuits that they file, especially against practically every person that testified during the latest trial. They want to get from the City tens of millions of dollars. And this is why this guy and others are coming up here pretending they're independent people. This other lady that came in, this Denise Galves, I'm surprised with her background she even has the face to come up here, but she 's a direct employee through a so-called non-profit of these same individuals. She went ambulance chasing out to Central/North Florida to find an individual so then they could file a suit against the City Attorney, a false, frivolous suit, with the same attorney of the group. Now the individual, they wanted people to think that it's a poor old man that didn 't know what he was doing, that he was taken advantage of. And the facts show that he was a realtor for years. And he was very savvy in real estate, much more than the average person, by being a realtor. And the evidence that the media in this town doesn't want to show is that it was, in fact, this man, through his representative, as I understand, that contacted the City Attorney's husband because he wanted, he needed, to sell a house that he had, not his homestead, even though that house was getting homesteaded at the time illegally. Now, it's difficult when you're getting one lie thrown at you after another, and you're not allowed to respond. I'm even starting to wonder if I could even respond through the dais. The media doesn 't want to know the truth. They want to keep the false narrative going. What media in this town has bothered to look at all the violations against our residents that these people have committed would prove what media in this town has bothered to look when a previous mayor was here, Mr. Tomas Regalado, that's part of this whole corps, of all the emails that were found of how one of his employees, key employee, was providing information and protection to these characters. And other emails from employees in the City that were here, they were in fact providing protection. Like, Mr. Manager, you remember an email from a former employee in Code Enforcement that wrote off that they had cure all Code violations on a certain property? When you went there, did you see anything that was cure? Another email that was found, talked about a property that the -- Mr. Fuller sent to another City employee. And it showed a Code violation that he had gotten from a Code officer. And he asked him to look into it. Well, we've looked everywhere to find the file, to find if anything was ever done, any Code violation put in that property. Nothing was found. The only proof that we have was the email that Mr. Fuller sent that he had a copy of the Code violations that were posted, but that disappeared. Letters from former Mayor Regalado 's main guy in the community that was letting these people know that Code had found out that they were doing illegal work in commercial buildings. Here 's the number you've got to call and speak to the Code Director, speak to this one. You guys in the media don't care about any of that. Not one of you, beginning with our tabloid, the Miami Herald, has ever bothered to look at anything except just go with whatever narrative these people want. And the bottom line is, they want over $100 million from the City. That's why they want the City City of Miami Page 49 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Attorney's head, so that the next one that these guys put in will just roll over and say, we have to settle for all these millions of dollars. Let's give him the money. And that's what this is really all about. Now, little Billy, made a statement here. Yeah, he 's little in size, but I'm not saying it because size. I'm saying it because what he's got up here. Little Billy made an accusation about me getting kickbacks. Well, like that old famous commercial, where's the beef? Show the proof. Show proof that I've taken one penny from anything. It's all lies, creations, so that they could try to get investigations on me. The State Attorney's Office, for years, have received dozens upon dozens of emails and anonymous complaints alleging all kinds of stuff of lies against me. And that's why you never heard of anything happening to me because I have been a public servant. I haven't come here to fill my pockets. Even the great tabloid, the Miami Herald, has had to admit that, even though they don't like the pants that I wear, they don't like the way I walk, they don't like the way I dance, they don't like the way I talk. And after writing an article like that, where they had to admit, I don't do this for money to fill my pockets, two weeks after they wrote that article, trying to sandwich me between all the other ones that they did to see how I could get muddied up, on December 31st, they included the whole front page of the Herald from top to bottom. I made history on my own because I've never had a front page of any paper, not even the tabloid, the Herald, dedicated that to me. And we made history also because there's not a newspaper in the free world that on the 31st, the last day of the year, would dedicate a front page that they had printed two weeks before in attacking a City official because they don't like the way he dresses, he dances, he talks, he walks, et cetera. But they had to admit, I don't take money. I wonder who encouraged them, or maybe in that area that it says, you know, to help with money, to write stories, maybe somebody helped them with enough money to get the front page for them. But it was clear that it was done with malice, thinking that on the night of the 31st, when we had the biggest New Year's Eve celebration, not only in the State of Florida, but the second largest in the country after New York, they thought that that was going to get the masses excited. And if I dare go up on stage, they were going to boo me down. Well, I purposely went upstage to give the masses the opportunity to boo me down. And unfortunately for the Herald and their plan, they did just the opposite. They applauded me for the work that we had done because nobody can imagine the amount of work that many of us put together to put such an event like this for New Year's Eve. It's a thankless job, but we do it out of love. The -- Billy, bring the proof. Yeah, with your big smile. Bring the proof. The other gentleman that came before and talked about how I included my home in the district in June of this year. One Coconut Grove, all together. Well, that's great. But why is the rest of the city all divided in districts? Why is one area the only one that is not? In fact, in the plans that they want to include for those that are suing the City, associated with all of them, Little Havana is going to be split even worse than it ever was. District 3 will be left with only a street, I think 8th Street. And District 1 will get the bulk of Little Havana. District 4 will get the other part, but every other part of the city could be divided, but not Coconut Grove. Now, let me go into the history because it's been so many lies. When we first did districts, it's not June of this year, we voted upon new districts in March of last year. March of last year. In March of last year, the first lies that were thrown was that we were doing something against the black area of Coconut Grove, when nothing that had been cut from the Grove had anything to do with the black area of Coconut Grove. In fact, they fried to make it believe that because of what we 've done, that a second African American could not get elected to the City Commission. The truth is that the only time that you had an African American in the City Commission from Coconut Grove was when Joe Carollo was mayor and we had an opening, and like she herself stated here, in thanking me again after all these years, Mrs. Gibson, I went, I spoke to and I convinced the Commission to appoint her to this body right here. Now, that was the first lie that they threw, trying to make this into a racial issue when it wasn't. The Commission approved districts like we were bound to do by law in March of 2022, and there were major changes that were made, but they had to be made according to law because one district in particular, District 2 along the bay, so many new people had moved here, in particular after COVID. And that's where all the developers want to build because they City of Miami Page 50 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 don't care about housing for the middle class or the poor. They only want to make as much as they can and build for the rich and famous. So, by federal law, this Commission was forced to redo districts, and there were tens of thousands of people moved from one disfrict to another in this city. That's why District 3 added a part of the Grove where my old home, a property that I own, and had not been living there since 2016, was put back into the district. Some nine months follow, we had the special election in Coconut Grove. Then we get another lawsuit after we had a special election. Now the story is that we gerrymandered the districts, that the three districts that had Hispanics, that they were gerrymandered on purpose to get Hispanics. But I submit to you, how can you gerrymander to get a Hispanic three districts that each has over 90 percent of Hispanics? Any way you cut that, it seems to me you're going to get a Hispanic elected. But that was the excuse to go into court with the lawsuit. Now, since March of 2022, the home that I used to live in since 2016 was in the new district for the reasons that I explained. We are forced now because of the lawsuit to redo the districts again. And citywide, there were tens of thousands of people that were moved again. In my district alone, there was somewhere, maybe as many as somewhere between 13, 15,000 people that were taken out or put in into my district. That's a lot of people. And that's only in my district that that happened. Citywide, it was tens of thousands. So, in many, if not most, of the changes that were made were people that had lived in one district for decades and decades and were moved into another disfrict. It wasn't just Mr. Gabela that had that problem. There were tens of thousands of other people that went through that because of this additional lawsuit that happened. And by the way, while one of the individuals that spoke here said that the federal courts ruled against us and so on, what they didn't say was that the appellate court that's not political, said that the City was right, that they couldn't force us to do what the lower court wanted just before an election. And they even appealed it to the Supreme Court. And something that the Supreme Court never gets involved in, surprise, surprise, they did. In the whole Supreme Court, all nine justices ruled in favor of the City of Miami. I don't think Billy and Armani [sic] were laughing as much then as they are now and grinning. Bottom line is that the City of Miami is under attack. I remember when I was mayor, within a few months, that I got elected back in '96, the first time. I was informed that we were going to have election, because a guy named Gene Stearns, that's one of the plaintiffs' attorneys that's got three suits against the City, had collected signatures to dissolve the City of Miami. And I was surprised to have heard that. I just gotten elected mayor, and I did what a mayor should do. I went and raised the dollars for a campaign and went and spoke against it. The election was won by over 85 percent of the vote. Mr. Stearns accused me that that was the reason why they failed, because I had raised all this money, and I had gone out publicly campaigning against it. That's what a mayor should do. So, this idea that I'm saying that people want to destroy this city, it's not something that's made up. It's something that they fried before, and now they're coming back to it. If -- it's late, this is why it's very difficult not to address each individual attack and having to wait towards the end, especially the way this has been. But I thank the Chair for giving me the opportunity. It's 12:50 and I'm super late in something personal that I have to do, thinking that we were going to break at 12. Thank you. City of Miami Page 51 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - City Commission Meeting - Oct 12, 2023 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Chair King: And at this time, may I have a motion to approve the City of Miami Commission meetings for October 12, 2023? Commissioner Reyes: Move it. Commissioner Pardo: Second. Commissioner Gabela: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. MV - MAYORAL VETO(ES) MV.1 RESOLUTION 15172 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING RESOLUTION NO. R-23-0271, PROVIDING AN AMENDMENT TO THE NEW JURISDICTIONAL BOUNDARIES OF THE CITY COMMISSION DISTRICTS FOLLOWING THE RESULTS OF THE 2020 UNITED STATES CENSUS; OFFICIALLY DELINEATING THE BOUNDARIES OF EACH DISTRICT AS SET FORTH IN "COMPOSITE EXHIBIT 1," ATTACHED AND INCORPORATED, TO BE EFFECTIVE UPON ADOPTION. RESULT: NO ACTION TAKEN ON THE VETOED ITEM Note for the Record: The City Commission discussed Mayor Suarez's veto of Resolution R-23-0525 and decided to take no action on the mayoral veto. As a result, the veto was sustained. Note for the Record: For additional minutes referencing Item MV.1, please see "Order of the Day" and "Public Comments for All Item(s)." Vice Chair Carollo: So, the Chair is not here. What time does everybody want to come back for lunch? 2:30? Commissioner Gabela: Pardo? City of Miami Page 52 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 (COMMENTS MADE OFF THE RECORD) Commissioner Gabela: Whatever you guys want. I don't care. Vice Chair Carollo: Can we take a two-hour lunch at least? Commissioner Reyes: No. Vice Chair Carollo: Three? Yes. (COMMENTS MADE OFF THE RECORD) Vice Chair Carollo: That's going to take a long time, Commissioner King. Commissioner Reyes: I don 't think so. Vice Chair Carollo: It will be. Can we deal with this right afterwards? Commissioner Gabela: No, no, no. Commissioner Reyes: I don 't think -- I don't think -- Commissioner Gabela: Carollo, respectfully, can we finish what -- I mean, I -- was I good? I respected you, right? I didn't -- I didn't -- Vice Chair Carollo: Yes, yes, fine. Commissioner Reyes: Let's -- let's hear from the Mayor. Let's hear from -- Vice Chair Carollo: Can this be the last item, then, that we deal with before we go to lunch? Commissioner Reyes: And then we -- that's right. Commissioner Gabela: Manolo has something to say. Commissioner Reyes: That's right. I think that they are -- yeah. Chair King: I'm sorry, I'm sorry. I had to -- Commissioner Reyes: Yeah, the Mayor -- Chair King: -- step out. Commissioner Reyes: -- wants to address the veto. Mayor Suarez: Yeah, thank you. Thank you, Mr. -- Madam Chair and Mr. Clerk. So, as required by our ordinance, I believe it's Section 2-36, the first item properly on the agenda is the mayoral veto. I vetoed Resolution 23-0525, File Number 15172, principally for two reasons -- or exclusively for two reasons, the first of which -- I'm going to talk about is the second reason. And you know, it's up to the Commissioner to decide what the Commissioner wants to do. But it's my view that him taking a vote on his district or on that particular item and on this particular veto would inure to his specific benefit, personal and financial. The executive director of the Miami -Dade Commission on Ethics also opined, so this is not something that I alone have concluded, also opined that voting on this item would inure to his personal and/or City of Miami Page 53 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 financial benefit. So, my personal recommendation and part of the veto was that that was improper and my suggestion would be that the Commissioner not sit on this item. Commissioner Gabela: So, can I respond? Mayor Suarez: Yes, of course. Commissioner Gabela: So, I am going to take the advice, okay, and not sit on that item on the veto. And as a matter of fact, I think I said I was going to withdraw it. Mayor Suarez: Yeah. Commissioner Gabela: You guys heard me in the beginning, so that's fine. Now, and I understand there's going to be another vote that Manolo's going to present in a motion and on that I will be recusing myself of that vote. Commissioner Reyes: Please leave. Commissioner Gabela: I am going to adhere to what is. However, I just want to state for the record, okay, how this came about, okay, very briefly, I'm not going to take up Carollo's 20 minutes and this is why sometimes I interrupt you because then I forget of all the things that you mentioned, how to respond back to you, in all due respect. But this is what I'm -- Mayor Suarez: Madam Chair, may I? Commissioner Gabela: -- what I'm going to say. Mayor Suarez: May I interrupt you for a second, Commissioner? Commissioner Gabela: Yeah, go ahead. Mayor Suarez: Can I make a suggestion? Commissioner Gabela: Yeah. Mayor Suarez: Don 't do what you're going to do. Commissioner Reyes: Yeah. Mayor Suarez: Don't do what you're going to do, and I'll tell you why. You don't want to establish a different record. Commissioner Reyes: Absolutely. Mayor Suarez: The record is what it is on this item and on this veto. Ifyou 're going to recuse yourself from it, just recuse yourself from it. Walk away. And you'll have other moments where you can discuss it ifyou want. Commissioner Gabela: Yeah, but look, he was talking about the redistricting, okay? And I feel I have a mission. Mayor Suarez: I think you'll have other moments. You'll have other moments where you can talk about it. Commissioner Reyes: Yeah, we have time for that. City of Miami Page 54 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Mayor Suarez: You '11 have other moments where you '11 be able to talk about it. Commissioner Gabela: Alright, so I'm going to step away for the vote, okay? Mayor Suarez: Okay, thank you. The second reason -- thank you, Commissioner -- the second reason why I vetoed the item was because I felt it violated the Florida Statute. The Florida Statute 166.0321 is very clear. It's three sentences, the last of which says that any ordinance enacted or adopted by a municipality on or after June 1st, which is in conflict with the section is void, which was my determination. The reason why is there are two preceding sentences. The first says each municipality shall from time to time fix the boundaries of its districts so as to keep them as nearly equal in proportion to their respective populations as practicable, provided that such changes, meaning the changes of the boundaries, may not be made in the 270 days before a regular general election for the governing body of a municipality. That phrase modifies the prior phrase by a comma, then there is a different and distinct sentence that begins with, districts -- and this is a distinct and different requirement of the law -- may not be drawn with the intent to favor or disfavor a candidate or member of the governing body or an incumbent member of the governing body, based on the candidate or incumbent's residential address. I felt that the Commissioner's statements on the record clearly stated his intention and clearly violated this section. So, that's why I put forth the veto. The Commission is not required to take any action on the veto. I understand that Commissioner Reyes has on the agenda a different item. Commissioner Reyes: Yes. Mayor Suarez: If we want to take up your item, I just want the record to reflect for the Clerk's clarity that no action is taken on the veto, which means the veto is sustained. Commissioner Reyes: Absolutely. Absolutely. Mayor Suarez: Is everyone okay with that? Commissioner Reyes: Yes, I'm okay with that -- Mayor Suarez: Thank you. Commissioner Reyes: -- because I had also information from the -- Mayor Suarez: Thank you, Madam Chair. Thank you, Mr. Clerk. Commissioner Reyes: -- about the ethics department state that your decision was right. END OF MAYORAL VETO(ES) City of Miami Page 55 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo CA.1 RESOLUTION 15203 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI ("CITY") LIST OF EXPEDITED PROJECTS, PURSUANT TO SECTION 18-117 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ECONOMIC STIMULUS AWARDS AND AGREEMENTS," BY REPLACING THE CURRENT "ATTACHMENT A - 6/17/20 REVISED MIAMI RECOVERY INITIATIVE" WITH "ATTACHMENT A - 11/27/23 REVISED," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF INCLUDING NEW AND ONGOING CAPITAL IMPROVEMENT SOLICITATIONS AND PROJECTS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS INCLUDING, BUT NOT LIMITED TO, THE MIAMI FOREVER BONDS, AS WELL AS SUCH OTHER FEDERAL, STATE, AND LOCAL STIMULUS FUNDING, IF AND WHEN AVAILABLE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AGREEMENTS, AMENDMENTS, MODIFICATIONS, 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. ENACTMENT NUMBER: R-24-0002 This matter was ADOPTED WITH MODIFICATION(S) on the Consent Agenda. Note for the Record: For minutes referencing Item CA.1, please see "Public Comments for All Item(s)." City of Miami Page 56 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 CA.2 RESOLUTION 15144 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR BEAUTIFICATION IMPROVEMENTS ON STATE ROAD 934, NORTHEAST 79TH STREET FROM NORTHEAST 1ST AVENUE TO NORTHEAST 2ND AVENUE. ENACTMENT NUMBER: R-24-0003 This matter was ADOPTED on the Consent Agenda. CA.3 RESOLUTION 15095 Department of Resilience and Public Works CA.4 15309 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING TWO (2) 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-24-0004 This matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TYLER PARISH, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $100,000.00 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 TYLER PARISH VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 2023-7994-CA 01, 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-24-0005 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.4, please see "Public Comments for All Item(s)." City of Miami Page 57 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 CA.5 14975 Office of the City Attorney CA.6 14964 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THOMAS VISNEY, JESUS GUTIERREZ, ELADIO PADRON AND FERNANDO E. QUINTANA, SIXTY -THOUSAND DOLLARS ($60,000.00) EACH, WITHOUT ADMISSION OF LIABILITY, CELESTINO F. PERRERA, FIFTY -TWO -THOUSAND -DOLLARS ($52,000.00), WITHOUT ADMISSION OF LIABILITY, CARLOS J. VALDES, FIFTY -FIVE - THOUSAND DOLLARS ($55,000.00), WITHOUT ADMISSION OF LIABILITY, JORGE A. MARTIN, THIRTY -SEVEN -FIVE -HUNDRED - DOLLARS ($37,500.00), WITHOUT ADMISSION OF LIABILITY, AND MANUEL GONZALEZ, FORTY -SEVEN -FIVE -HUNDRED -AND - FIFTY -SIX -DOLLARS AND SIX-SENTS ($57,556.06), WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS BY THEM, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE OF FRATERNAL ORDER OF POLICE, MIAMI LODGE NO. 20, AND ALFREDO VEGA, ET AL. V. CITY OF MIAMI, CASE NO. 98-7760-CA-01, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, UPON THE EXECUTION OF A GENERAL RELEASE OF THEIR CLAIMS AND DEMANDS, AND A DISMISSAL OF THEIR CLAIMS AGAINST THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM GENERAL LIABILITY ACCOUNT NO. 50001.301001.545013.0000.00000. ENACTMENT NUMBER: R-24-0006 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.5, please see "Public Comments for All Item(s)." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY LYNDA F. BREWER, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $40,000.00 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 LYNDA F. BREWER VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 20-025737 CA 01, 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. 50001.301001.545013.0000.00000. ENACTMENT NUMBER: R-24-0007 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.6, please see "Public Comments for All Item(s)." City of Miami Page 58 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 END OF CONSENT AGENDA Chair King: Now, I'm going to ask my colleagues, would any of you like to pull any of the consent agenda items for discussion? That would be CA.1, 2, 3, 4, 5, or 6. Commissioner Reyes: No. Chair King: Oh, wait. Yeah. Todd B. Hannon (City Clerk): CA.1 will be as amended. Chair King: CA.1, as amended. Would anyone like to pull any of these items for discussion? Commissioner Reyes: No. Chair King: May I have a motion -- Commissioner Reyes: Move it. Chair King: -- to pass CA.1, 2, 3, 4, 5, 6? I have a motion. Chair King: Second? Commissioner Gabela: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: The consent agenda items have passed unanimously. City of Miami Page 59 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 PH - PUBLIC HEARINGS PH.1 RESOLUTION 14973 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CITY OF MIAMI DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT'S AFFORDABLE HOUSING INCENTIVE STRATEGIES ("STRATEGIES") AS RECOMMENDED BY THE AFFORDABLE HOUSING ADVISORY COMMITTEE ("AHAC") AND AS REQUIRED BY SECTION 420.9076, FLORIDA STATUTES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT SAID STRATEGIES. ENACTMENT NUMBER: R-24-0008 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Chair King: For the PH (Public Hearing) items, are there any items that my colleagues would like to pull for discussion? Commissioner Reyes: No. Commissioner Pardo: No. Larry Spring (Chief Financial Officer): Madam Chair. Chair King: Okay, so -- Mr. Spring: Madam Chair. Chair King: Mr. City -- Commissioner Reyes: Oh, my God. Look who 's here. Chair King: -- CFO, I'm trying to figure -- CFO -- Mr. CFO. Chief Financial Officer, there we go. Mr. Spring: Thank you. On PH.1, we 'd like to put on the record that we are removing the parking strategy as a -- one of our incentive strategies -- Commissioner Reyes: That's right. Mr. Spring: -- from the recommendation. Chair King: Okay. Commissioner Reyes: Okay, thank you. Chair King: So, that would be PH.1, as amended. City of Miami Page 60 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Reyes: As amended. Mr. Spring: Correct. Chair King: Do I have a motion to pass PH.1 -- Commissioner Gabela: Motion. Chair King: -- 2, 4, and 5? Commissioner Reyes: Move it. Chair King: Second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously, and PH.4 and 5 were required four -fifths votes, which both passed unanimously. Commissioner Gabela: Did we do PH.1 and 2 and 3 or no? Chair King: 3 is deferred. Commissioner Gabela: Okay. Chair King: 3 has been deferred. We just did PH 1, 2, 4 and 5. Commissioner Gabela: Okay. Commissioner Reyes: Okay. Vice Chair Carollo: Can you tell me which you did again? Chair King: The CA (Consent Agenda) items passed. Vice Chair Carollo: The -- the which ones, CAs? Chair King: The minutes from the October 12th meeting -- Vice Chair Carollo: Right. Chair King: -- the CA items, 1 through 6, and the PH items, PH.1, 2, 4, and 5. Vice Chair Carollo: PH.1, 2 -- Chair King: 4 and 5. Vice Chair Carollo: -- 4 and 5. And all the CAs passed? Commissioner Reyes: Yes. Chair King: And all the CAs. PH.3 was deferred. Victoria Mendez (City Attorney): Madam Chair, you wanted to be a co-sponsor for PH.4. City of Miami Page 61 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 PH.2 15137 Department of Housing and Community Development Chair King: Correct. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING ONE MILLION AND 00/100 DOLLARS ($1,000,000.00) IN AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") FUNDS FROM THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT'S NEW CONSTRUCTION HOMEOWNERSHIP FUNDING ("FUNDS") APPROVED AND ADOPTED ON SEPTEMBER 13, 2021, PURSUANT TO RESOLUTION NO. R-21-0352, IN ORDER TO DEVELOP THE SINGLE FAMILY AND TWIN HOMES SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, PROVIDED THAT THIS ALLOCATION IS APPROVED IN WRITING BY THE CITY OF MIAMI'S ARPA CONSULTANT ("ARPA CONSULTANT APPROVAL"), AND SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0009 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item PH.2, please see "Public Comments for All Item(s)" and Item PH.1. City of Miami Page 62 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 PH.3 RESOLUTION 13971 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AERIAL EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ROSA 55 MORNINGSIDE LLC, FOR A PEDESTRIAN BRIDGE OVER AND ACROSS THE CITY OF MIAMI'S RIGHT-OF-WAY KNOWN AS NORTHEAST 55 STREET BETWEEN 5445 BISCAYNE BOULEVARD AND 5501 BISCAYNE BOULEVARD MIAMI, FLORIDA, PURSUANT TO SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH CERTAIN USER FEES REQUIRED; MAKING FINDINGS; REQUIRING A COVENANT RUNNING WITH THE LAND; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH THE GRANTING OF THE EASEMENT; APPROVING AND AUTHORIZING THE RECORDATION OF THE EASEMENT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: Item PH.3 was deferred to the January 25, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item PH.3, please see "Order of the Day." PH.4 RESOLUTION 15258 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 ("CITY CODE"), 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 ADDITIONAL GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED FIFTY-FIVE THOUSAND DOLLARS ($55,000.00) TO B. WRIGHT LEADERSHIP ACADEMY, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("GRANTEE"), IN SUPPORT OF THE GRANTEE'S BWLA ALLSTARS PROGRAM; 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-24-0010 City of Miami Page 63 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item PH.2, please see Item PH.1. PH.5 RESOLUTION 15261 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 ("CITY CODE"), 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 "B," 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 GRANT FUNDS FROM THE DISTRICT 5 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE ("API"), IN A TOTAL AMOUNT NOT TO EXCEED THREE HUNDRED THOUSAND DOLLARS ($300,000.00) TO MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION ("GRANTEE"), IN SUPPORT OF GRANTEE'S MLK WHEELS TO WORK PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, FOR A TERM OF THREE (3) YEARS, INCLUDING ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0011 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item PH.5, please see "Public Comments for All ltem(s)" and Item PH.1. END OF PUBLIC HEARINGS City of Miami Page 64 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 RE.1 15123 Department of Building RE - RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BIDS RECEIVED ON OCTOBER 13, 2023, PURSUANT TO INVITATION FOR BIDS ("IFB") NO. 1664387, FROM THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, PMM CONSULTING ENGINEERS, CORP., A FLORIDA PROFIT CORPORATION ("PMM CONSULTING"), THE PRIMARY VENDOR, AND C.A.P. GOVERNMENT, INC., A FLORIDA PROFIT CORPORATION ("C.A.P. GOVERNMENT"), THE SECONDARY VENDOR, FOR THE PROVISION OF PLANS REVIEW, INSPECTION, AND PROFESSIONAL SERVICES, ON AN AS NEEDED BASIS, FOR THE CITY OF MIAMI ("CITY") BUILDING DEPARTMENT ("BUILDING") AND THE DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("RPW'), FOR AN INITIAL TERM OF TWO (2) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM VARIOUS SOURCES OF FUNDS FROM THE END USER DEPARTMENTS AND SUCH SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN 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-24-0012 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Vice Chair Carollo: IfI could just take another minute, Chair. Commissioner Reyes: No, no, no. Chair King: No, take your time. Vice Chair Carollo: I didn't take my smart pill today, so Commissioner Reyes took it from me. We got some in the R's that -- City of Miami Page 65 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: Mitigations. Vice Chair Carollo: Yeah, mitigations. Chair King: Right, I'm going to take those. Vice Chair Carollo: Okay, you got the mitigations out. Chair King: Uh-huh. Commissioner Reyes: And we got to take them one by one? Chair King: Yes, we have to for the mitigations. Commissioner Reyes: We have to take them one by one. Chair King: Yes. Commissioner Reyes: Yes. Chair King: I'll dispose of the ones that you don 't. Commissioner Pardo: Madam Chair? Chair King: Yes. Commissioner Pardo: On RE.13 and 14, I'd like to be added as co-sponsor. Chair King: RE.13 and 14? 13 and 14, Todd. Vice Chair Carollo: RE.12 was withdrawn, Commissioner? Chair King: Yes. Commissioner Reyes: RE.12 was withdrawn. Vice Chair Carollo: There 's no way that we could go around that or --? Commissioner Reyes: RE.12? Vice Chair Carollo: Yeah. I'll be happy to donate some of my dollars to help with that if need be, together with you. That would be the way to solve it. Unidentified Speaker: Which one are you talking about? Unidentified Speaker: RE.12. Commissioner Gabela: Sorry, what are we doing on RE.12? Vice Chair Carollo: Well, I want to see if he wants to -- Commissioner Gabela: Oh, sorry. Commissioner Reyes: Yes, yes. Then -- Todd B. Hannon (City Clerk): Yes, RE.12 was withdrawn during the order of the day. City of Miami Page 66 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Reyes: It was withdrawn because they need to comply with financial audits and a lot of paperwork that is required by the City of Miami, and they have not been able to comply with it. I want to give them time so they can comply with it and we will donate funds for it, okay. Commissioner Gabela: So I move to -- Commissioner Reyes: (INAUDIBLE) that's why it is withdrawn and we can wait until -- and I am going to call them and see what -- Chair King: Are there --? Vice Chair Carollo: Ifyou need help -- ifyou need help, feel free to -- Commissioner Reyes: (INAUDIBLE) $70, 000 (UNINTELLIGIBLE). Vice Chair Carollo: Okay. Commissioner Reyes: So, maybe we can work with it or -- Vice Chair Carollo: I'm willing to help, just so you know. Commissioner Reyes: I really appreciate that, sir. Chair King: Okay, so are there any other items that my colleagues would like to pull from the RE items for discussion? Vice Chair Carollo: Let's see. RE.16 was done already, correct? Unidentified Speaker: Yes. Commissioner Reyes: Yes. Chair King: Yes. Vice Chair Carollo: And RE.15, that's the auditor, right? Commissioner Reyes: Yes, that is to audit. Vice Chair Carollo: IfI may ask, Commissioner, and you know, I have no problem in leaving it -- Commissioner Reyes: Sure, sure. Vice Chair Carollo: -- ifyou guys want to take it, but my only concern here is on the 60 days, 45 to 60 days. You cannot limit it so short because there are audits that, and for the most part, it's impossible to make it that short. Commissioner Reyes: I -- I had this conversation with -- I had it with my friend here. and I said, if it is -- if it is -- an addition of time is needed, we can also extend it. But we got to use daylight, you see, let's say, not all open-ended (UNINTELLIGIBLE). Vice Chair Carollo: That you're right, we've had problems with that. Commissioner Reyes: We have problems with that. So, we have to be -- we have to have -- set a time so that all those audits are completed. If by any chance, and let me City of Miami Page 67 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 tell you, by any chance it is not completed because there are too much that they have to be investigated, not because any one of us, because I -- I am included in those audits, because DDA (Downtown Development Authority) is included -- Vice Chair Carollo: Yes, we will (UNINTELLIGIBLE). Commissioner Reyes: -- but not because we are trying to slow it down or we are not providing the necessary documentation that it is required for an audit. You see, we are -- we are obliged to comply with this. Vice Chair Carollo: And can I get something because you and I were the ones who sponsored this not that long ago. Commissioner Reyes: Sure. Vice Chair Carollo: Time passes, so I forget the time frame. Commissioner Reyes: Well, that's -- that happens with age. Vice Chair Carollo: If I -- yeah, if I could get the auditor that we have so he could tell us when he last did all of the different agencies, just so we know. Commissioner Reyes: Okay. Vice Chair Carollo: It's not going to change anything here. Commissioner Reyes: No, no, no, no. Vice Chair Carollo: Just so we know. Commissioner Reyes: I mean -- Vice Chair Carollo: Can -- can he come up? Commissioner Reyes: Yes. Vice Chair Carollo: You remember back when Mr. Diaz de la Portilla was chairman of the Omni CRA (Community Redevelopment Agency), that we took -- Theodore Guba (Auditor General): I can't hear. Vice Chair Carollo: When Commissioner Diaz de la Portilla was chairman of the Omni CRA, that the Commission took him out, and he started pointing certain fingers at the time, and both Commissioner Reyes and I asked for every agency to have an audit, and I requested that it begin with Bayfront Park Trust. I know that you did an audit of Bayfront Park Trust. I don 't know Omni CRA or any of the others Mr. Guba: Yeah, they're listed in that -- Vice Chair Carollo: -- when they were done. But can you tell us which you did and when they were finished? Mr. Guba: The completion dates are in the resolution. City of Miami Page 68 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Vice Chair Carollo: Okay, yeah, but do you have -- I don 't see the completion dates in the resolution. I'm talking about the audits that you did with the recommendations. Mr. Guba: The recommendations? Vice Chair Carollo: Yeah, the ones that you did that we had asked you before. Maybe you could help me, he's not understanding me. Commissioner Reyes: Listen -- Vice Chair Carollo: I just want to get the dates when you -- when they were done. Commissioner Reyes: We have -- I have not received any final -- any audits. Mr. Guba: The last audit -- Commissioner Reyes: And that is -- Vice Chair Carollo: That's the problem. Commissioner Reyes: -- that is why I -- Larry Spring (Chief Financial Officer): They're in the whereases. Mr. Guba: They're in the second -- they're in the resolution. Victoria Mendez (City Attorney): In the whereas clauses of the resolution, there should be some dates there. Mr. Spring: Yeah, they're there. Mr. Guba: Bayfront Park was done September 27, 2019. Vice Chair Carollo: Okay, September? Mr. Guba: September 27, 2019. Vice Chair Carollo: 2019. Mr. Guba: The Virginia Key, October 1st, 2022. Vice Chair Carollo: 2022. Mr. Guba: Omni CRA, May 19th, 2023. Vice Chair Carollo: What's the date again of that? Mr. Guba: May 19th. Vice Chair Carollo: May 19th, Omni CRA. Mr. Guba: 2023. Vice Chair Carollo: Yeah. City of Miami Page 69 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Mr. Guba: The Midtown was August 25th, 2023, and we 're in the process of auditing the Southeast Overtown/Park West CRA. We're currently in the process. Vice Chair Carollo: Okay. Commissioner Reyes: Okay. Mr. Guba: And that's a big audit. That's $100 million in monies that they get. Vice Chair Carollo: How long did the ones that you finished take you to do? Mr. Guba: Let me see here. I'm not sure I have -- I don't have the times. I can -- I'll provide them, but they were probably well in excess of five to seven hundred hours, some going up to a thousand. Midtown went several thousand hours, a couple of thousand hours. It was a four-year audit, and we recovered over $9 million in that audit because of incorrect calculations of the bond payments. But it was a four-year audit. We had a lot of difficulties getting information from the other party. There were constant delays. One of the Commissioners was asking why it was taking so long, and we provided a timeline of all our communications with the auditee. And like I said, in the end, the attorneys were involved, you know, it took over four, eight years. I think seven or eight attorneys were involved in this. So, you can't really put a deadline on an audit. You don't know what you're going to encounter when you walk in there. You can put a budget on it, and maybe we only had 800 to 1,000 hours budgeted for these, but some come in less time, some come in at a later time. And it's -- you just don't know where you're going to get your delays. In some cases, the people in the production of records, they might be in storage or they just might be giving you a lot of pushback, thinking you might go away. You know, sometimes the LSRs that we -- take a long time. So, you know, you can budget for them, but not to put a time frame as to when you're going to get done. I mean, it can be done in other environments. Let's say you've got a McDonald's restaurant; you've got a chain of them. They all run the same way and they can all be audited in the same way and you'll know how long it takes to do each one. Unidentified Speaker: So, Commissioner -- Mr. Guba: But in something like this, where you're dealing with different outside parties and production of records, and you can get pushback, you've got to get responses on your audit findings. Vice Chair Carollo: Alright, look, Commissioner Reyes, I think we 're both in agreement on the timing. Commissioner Reyes: Yes. Vice Chair Carollo: The only thing that I would ask you if you would be willing to change this is just make it 90 days, give it a little more leeway, and if they can't do it by then, then they've got to come back. Commissioner Reyes: Want to come back? Fine with me. Vice Chair Carollo: Okay, 90 days. Mr. Guba: One other -- Commissioner Reyes: 90 days? Vice Chair Carollo: 90 days. City of Miami Page 70 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Reyes: Okay, okay. Unidentified Speaker: Commissioner? Mr. Guba: There 's one other thing about outsourcing this to other parties. Like, for instance, the hauler audits that we do, if we recover more than $20,000, we can bill back our time. Our time, our composite time, my time and the auditor's time, is generally in the range of $60 per hour. If we outsource these, you're going to be paying, I don't know, what's the composite rate for the -- a few hundred bucks an hour? Commissioner Pardo: I have a question. Commissioner Reyes: Let me address that. Let me address that, you see. Mr. Guba: It's not cost effective. Commissioner Reyes: You see, let me address it. I'm sick and tired of every time I open the paper it is corruption in DDA, corruption here, corruption there. There is -- either you like it or not, there is a lack of trust of the public on us policing ourselves the way that it should be. What I want to know, I want to -- all this cloud that we have about corruption, I want to do away with it with an external audit of everybody, including my office if you want to, you see? So, we can clear the air, or if we find something wrong, take action, you see? And that is why I am proposing this. Doesn 't matter what it costs. Public trust has no value, no price. Vice Chair Carollo: But Commissioner it -- Commissioner Reyes: We have to do it. Vice Chair Carollo: -- it will be cost effective because the monies that they're going to find -- Commissioner Reyes: That's right. Vice Chair Carollo: -- and we could save it will be cost effective. Commissioner Reyes: That's right. It's going to be cost effective, okay. Vice Chair Carollo: And if it's not, then we can reconsider. Commissioner Reyes: Absolutely. Vice Chair Carollo: In my opinion, it will be cost effective. Commissioner Reyes: I think so, too. Mr. Spring: Through the Chair, Madam Chair? Chair King: Go ahead. Mr. Spring: I'm not here to ask those questions. What need to know, based on the resolution, is I need to have an individual conversation with you guys to get a consensus on the scope that you would like for us to pursue, whether that's one year, two years, three years back on these audits? City of Miami Page 71 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Reyes: This is a forensic audit. Mr. Spring: Well, you still, you still define, you would -- Commissioner Reyes: Okay, let's vote. (UNINTELLIGIBLE). I don't know. We have to, we have to decide. Mr. Spring: You would still -- Commissioner Reyes: Is it one year or two years back? Vice Chair Carollo: Well, in some cases, you'll want to go back more than -- Mr. Spring: Well, we can start... Vice Chair Carollo: -- two years. Commissioner Reyes: Yes. Vice Chair Carollo: We can start with a time frame, and if we find stuff we can then give -- I just need to know kind of -- Commissioner Reyes: Okay. Vice Chair Carollo: -- a general consensus of what you'd like to start with. Commissioner Reyes: Okay. Commissioner Pardo: Chair? Mr. Spring: That's it. Chair King: Commissioner Pardo. Commissioner Pardo: Have we ever done forensic audits of these entities? Mr. Guba: Well, we don't go -- we don't do audits looking for fraud. If we get complaints then -- Commissioner Pardo: But that -- you understand that's what we're asking for? Commissioner Reyes: That's right. Mr. Guba: If we get complaints, then we'll do an investigation and we will follow through on the fraud aspect, of course. Commissioner Pardo: Right. Since there are different levels of audits, we're asking for the kind of audit that is forensic, where you 're looking for fraud. Mr. Spring: Again, even with that, you still need to give the auditors Commissioner Pardo: Sure. Chair King: Parameters. Mr. Spring: -- a box, the parameters -- City of Miami Page 72 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Pardo: Sure. Mr. Spring: -- to audit. Commissioner Pardo: Naturally. Chair King: Also, where we are asking for an audit of the CRAs, the CRAs are not a creation of the City of Miami. So, we would need to go during our CRA meeting, meeting of the Southeast Overtown/Park West CRA, and request that we have an external audit and we -- Commissioner Reyes: Yes. Chair King: -- vote for it there. And for the Omni CRA, we want an external audit and we ask for it properly in those meetings because these CRAs are a creation of the State -- Commissioner Reyes: Yes, ma'am. Chair King: -- not of the City of Miami Commission. Commissioner Reyes: And I was going to add to what you're saying. You're absolutely right that we should contact the State -- contact the State and ask for the legality of having a forensic audit and starting a forensic audit on it because it is a State -- the one that approve or disapprove of the -- of the CRAs, okay. I agree with you. Chair King: So, having said that, I don't believe that it is proper for this item to be before this Commission. We can take this -- these items before the respective CRAs because they're a creature of the State of Florida and not of this City of Miami Commission. Mr. Guba: And you also realize that all CRAs and these component units and so forth, they have their own external audits done every year -- Chair King: Yes. Mr. Guba: -- their own financial audits. Chair King: Correct. So, all I'm saying, we can -- if that is the will of the body of the entity, we'll bring it up at that time. So, I would ask for a motion to withdraw the item and then bring it back properly before the entities in question. Commissioner Reyes: Ma'am. Chair King: Or amend your item for the jurisdiction that the Commission has because you don't have jurisdiction to request an external audit for an entity that's not the City of Miami Commission creation. Commissioner Reyes: But if it is not a creation of the Commission, with all due respect, Madam Chair, how come our auditor is auditing? Chair King: That's a pretty good question. It can be audited, but that's internal. Well, perhaps that was some legislation that was created prior to me getting here. I'm just telling you that the CRAs are a creation of the State of Florida. And they're governed by the CRA laws that's created by the State of Florida, not the City of Miami Commission. City of Miami Page 73 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Pardo: Madam Chair, so for the entities -- Commissioner Reyes: Okay. Commissioner Pardo: -- like the Bayfront Park Trust, the DDA, those are governed - -? Commissioner Reyes: Those are governed by the City. Chair King: That was created by the City of Miami. Commissioner Reyes: Okay, let 's amend -- let's amend this. Commissioner Pardo: Yeah, amend it. Commissioner Reyes: Let's amend it that the CRAs are subject to, subject to approval from the State for an external audit. Chair King: No, again, you're not understanding me. We can accomplish what you would like in the CRA meeting. Commissioner Reyes: Okay. Chair King: We can put it on the agenda for the CRA, each CRA respective. So, we can vote on the item for these audits for the entities that were created by the City Commission. Commissioner Reyes: The City Commission. Chair King: And then when we have our CRA meetings, you can also request in the CRA -- Commissioner Reyes: Okay. Chair King: -- direct -- Commissioner Reyes: I agree with you and I accept that. Chair King: Okay. Commissioner Reyes: You see? Chair King: Thank you. Commissioner Reyes: So, this -- this is -- we vote for this, except for the CRAs, that we will bring the question -- Chair King: Yes. Commissioner Reyes: -- to the CRAs -- Chair King: Yes. Commissioner Reyes: -- and the CRAs will vote, the board, on a -- Chair King: We'll put it on the agenda. At leastl will put it on the agenda -- City of Miami Page 74 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Reyes: Fantastic, fantastic. Chair King: -- for the Southeast Overtown/Park West CRA. Commissioner Reyes: Okay, okay, fantastic. Chair King: Okay. Commissioner Reyes: I understand you. Chair King: Commissioner Carollo? Vice Chair Carollo: And that we're putting -- taking the 45 to 60 and putting 90 days. Commissioner Reyes: Yeah. Chair King: Correct. Commissioner Reyes: Okay. Chair King: And I would also like to -- for discussion, I would like to pull RE.20. And with respect to RE.13 and 14, there 's a discussion item to establish a City Charter Review Committee. Commissioner Reyes: Yes. Chair King: I think instead of us piecemealing that we should consider the discussion item. So, I'd like to pull RE.13 and 14 and take them up with the Discussion Item Number 7 because I think that's -- Commissioner Reyes: Ma'am -- Vice Chair Carollo: Okay. Commissioner Reyes: -- that will not include my -- the Inspector General. That is not -- because the Inspector General has -- Chair King: Okay, okay. Commissioner Reyes: -- have to go before the voters and -- Chair King: Okay. Oh, okay. Commissioner Reyes: -- we wouldn't have that before August. I agree with you. I agree with you that we need a committee to revise the -- I mean, the statutes, everything, okay. Chair King: And I understand that happens every ten years or so. Commissioner Reyes: That's right. Chair King: So, that would be smart and that's -- Commissioner Reyes: And we need to do that. I agree with -- City of Miami Page 75 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: Okay. Commissioner Reyes: -- Mr. Pardo on that and I would co-sponsor that. But I don 't want to do away with a proposal to have -- create Inspector General, which is going to be a scope of work, it is tremendously larger than the scope of work of our current auditor, and we'll have more independence than we -- what we have now, and we will get politics away from it. Chair King: Okay, so let me go over the RE items that we don't have an issue with. May I have a motion to pass RE.1? Commissioner Gabela: A motion. Chair King: Wait, let me run them -- let me run them down. Commissioner Gabela: Oh, sorry. Chair King: For RE.1 -- Commissioner Reyes: Move it. Chair King: -- RE.2 -- Commissioner Reyes: Move it, oh, R.1 [sic]. Chair King: -- RE.1, 2, RE.7. Vice Chair Carollo: I thought RE.7 (INAUDIBLE). Commissioner Pardo: No, RE.7 was -- Chair King: RE.7 is pulled? Sorry, sorry, sorry. 1, 2, 9, RE.9 -- Commissioner Reyes: 9, 13 and 14. Chair King: -- 13, 14. RE.9 was -- 19 was deferred. Commissioner Reyes: 15. Chair King: Okay, that's it. RE -- Vice Chair Carollo: It was pulled, right? Commissioner Reyes: No. Chair King: Okay, so we have RE. 1, 2 -- Vice Chair Carollo: (INAUDIBLE). Chair King: Right, RE.1, 2, 7. Commissioner Gabela: No, 7 is pulled, right? Arthur Noriega (City Manager): 7 was pulled. Chair King: I'm sorry. City of Miami Page 76 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Pardo: 7 is pulled. Commissioner Gabela: 7 is pulled. Chair King: Sorry, sorry, sorry. Commissioner Gabela: 7 and 8 is pulled. Chair King: 1, 2 -- Vice Chair Carollo: Was 18 pulled? Chair King: 18 was withdrawn. Commissioner Reyes: Withdrawn. Chair King: 1, 2 -- Mr. Noriega: 1, 2 -- 1, 2, 9, 13, 14. Chair King: 1, 2 -- Mr. Noriega: I think that's what's in play. Chair King: -- 9 -- Mr. Noriega: I think that's what's in play. Chair King: No. Commissioner Gabela: 13, 14? Chair King: Yes, 9. 1, 2, 9, 13, 14? Mr. Noriega: Yeah, those are the ones in play that we're not -- Mr. Hannon: And I have 15 with the amendment. Commissioner Reyes: 15, 14. Chair King: And 15 with the amendment. Do I have a motion? Mr. Noriega: But wait, wait, wait, wait. Chair King: Wait, wait, wait. Mr. Noriega: On 15, I think it needs a little more discussion. I -- we -- there 's a couple of things still left. But I don't necessarily want to deal with 15 right now. I think it should be pulled as well. Commissioner Gabela: Okay. Commissioner Reyes: What do you have against an external auditor? Mr. Noriega: No, no, I have nothing against the item. I think it's a great item. I just want to talk timing a little more. I want to flesh that out a little more because there's City of Miami Page 77 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 things that we haven't discussed relative to the timing. Ninety days, it's doomed to fail. We 're never going to get it done. Commissioner Reyes: Okay. Mr. Noriega: And we don't even have audit functions in terms of professionals procured yet. Commissioner Reyes: Okay. Mr. Noriega: So, that alone would take almost 90 days. So, that's why I'm saying to create a -- Commissioner Reyes: Okay. Mr. Noriega: -- 90-day window, we 're going to fail. We're going to have to be forced to come back for an extension. Commissioner Reyes: That's right. Chair King: Okay. Commissioner Reyes: But the item says that you come back in the next meeting, you address the need for time because I know for a fact that different entities that have been audit require different time. And if the auditor, they need derent, I mean additional time, they should come back and we will decide on the time. Chair King: Okay, so do I have a motion for RE. 1, 2, and 9? Commissioner Reyes: Move it. Commissioner Gabela: So, what do you got, 1, 2, 9? Chair King: 1, 2, and 9. Commissioner Gabela: 13 and 14, no? Chair King: I'm just doing 1, 2, and 9 right now. Commissioner Gabela: 1, 2, and 9. Chair King: 1, 2, and 9. Commissioner Gabela: Alright. I motion. Chair King: I have a motion. I have a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion passes unanimously. Congratulations, Mr. City Clerk, on your reappointment. Commissioner Reyes: Okay. City of Miami Page 78 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 RE.2 RESOLUTION 15103 Department of Human Resources A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE MIAMI GENERAL EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES LOCAL 871, AFL-CIO, FOR THE PERIOD OF OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2026. ENACTMENT NUMBER: R-24-0013 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.2, please see Item RE.1. RE.3 RESOLUTION 15228 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 1600 NORTHWEST 20 STREET, MIAMI, FLORIDA, CASE NUMBER CE2021011435, 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-24-0014 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: At this time we will take up -- Robert Santos-Alborna (Director, Code Compliance): RE.3? Chair King: RE.3, 4, and 5? Commissioner Reyes: Yes. Chair King: No, I'm sorry -- Mr. Santos-Alborna: And Chair -- City of Miami Page 79 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King:-- RE.3 -- Mr. Santos-Alborna: 3, RE.5 and 6. Chair King: -- 5 and 6. RE.3, 5, and 6. Mr. Santos-Alborna: Okay. So, good afternoon again. RE.3 is the mitigation of 1600 Northwest 20th Street. The violations for this respondent is construction work without permits, obstruction of public right-of-way, and working on the public right- of-way without a permit. NOV, notice of violation, was issued on June 9th, 2021. Adjudicated by Code Enforcement Board on September 8, 2021. Violation ran for 398 days, accruing a total of $199,000. I am going to -- well, counsel is here and will present additional information. As far as I understand, and I don't know if Legal Division Dooley -- Chief Dooley, you want to offer more information, but the respondent is offering $500, or the equivalent of.003 percent. Go ahead. Vice Chair Carollo: (INAUDIBLE). Rachel Dooley (Assistant City Attorney): It's $199, 000. Rachel Dooley -- Rachel Dooley, on behalf of the Office of the City Attorney. Good afternoon again. This particular case, yes, it ran for 398 days. Counsel is here for the property owner. It's -- and for the next two after this, they do own the properties. This, again -- this is a -- the work without a permit was for the enclosure for a solid waste container that was placed on the right-of-way in an alley, which it's not allowed to be in that place, so it had to be moved. In the end, and I did verb it was in fact the owner is the one that got rid of that thing and legalized the structure itself and cured the violation, not the tenants. So, they did take care of the issue with the tenants. But -- Commissioner Reyes: I'm sorry, when was it first cited? Ms. Dooley: The violation went to hearing in September of 2021. Commissioner Reyes: 2021, and now they cured when, last year? Ms. Dooley: They cured it in October of 2023. Commissioner Reyes: Two years. Commissioner Gabela: I think they got to come up a little bit in the money situation. Ms. Dooley: So -- Commissioner Reyes: That's right. Ms. Dooley: -- counsel is here for the owner. It does have an affidavit, which I sent to the various chiefs of stafffor -- for all of you. I received them yesterday, and there are paper copies if you want them. But I think he can explain the situation as it occurred with this particular tenant. Alejandro Jordan: Thank you so much. Alejandro Jordan, attorney for the property owner. Just by way of a little bit of a background, this enclosure of the garbage area was already existing when my client purchased the property. He wasn't aware that it was, you know, illegal or it affected the right-of-way or anything of that nature. Then apparently, let's call it miscommunication with a City employee notified them that, hey, this is -- I guess the City has plans, I guess they're going to do a bike path or things of that nature, this needs to be removed. Client removed it. Unfortunately, he removed it without permits, so he was cited for that. Once he was cited for that, you City of Miami Page 80 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 know, immediately, he was extremely proactive. He had to, you know, coordinate with the tenants in terms of where to move the garbage, for that matter, with Solid Waste and things of that nature. And he had to file a demolition permit, which the demolition permit was initially filed in August before -- before the hearing of September 8th. It was actually -- the process was started on August 11 th of 2021. There were issues with processing that demolition permit. They were using the 2019 survey that they had when they acquired the property. Unfortunately, that needed to be updated. There was delays with the surveyors, things of that nature. To make a long story short, you know, yes, the property owner was the one that spent thousands of dollars, you know, repairing or removing this garbage enclosure and learned a valuable lesson. You know, immediately what they've -- you know -- you know, they're not working with this surveyor that delayed things, you know, whenever, you know, a City official were to approach them, they're not going to do things on their own. They're going to reach out to counsel. Luckily, I am their counsel now going forward for the last 18 months going forward. Unfortunately, the time that it took from demolition permit for after the fact to affidavit of compliance is the per diem of violations that we're talking about. So, in an effort of good faith, and understanding, and you know, trying to be as compliant as possible, even though it wasn't, quote unquote, an enclosure that we created, but at the end of the day, I guess we -- the after -the fact permit that was required was the reason for the violation. Vice Chair Carollo: Can I ask a question of him, Madam Chair? You stated, sir, that this is the property that was bought by your client. He found that this is there illegally. Is that correct? Mr. Jordan: Correct. In 2019. Vice Chair Carollo: Okay. Mr. Jordan: Can you repeat? I'm sorry, Commissioner. Vice Chair Carollo: You had stated that your client had bought the property and found that this particular issue was there, that it had not been permitted. In other words, your client didn't do it. Mr. Jordan: Correct. Vice Chair Carollo: Didn't do the work, it was somebody else. Mr. Jordan: That is correct. Vice Chair Carollo: And he bought the property that way. And secondly, how big of an area was it that was blocked out? Mr. Jordan: Believe it or not, it wasn't -- it was a couple posts, you know. There 's about six tenants in there, so enough to hold the garbage for six commercial tenants. Commissioner Gabela: Sorry, sorry -- I'm sorry, Carollo, to interrupt you. Is this on the south side of 20th Street that is miniature warehouses adjacent to the battery place? Mr. Jordan: This is 1600 -- Commissioner Gabela: In front of Popeyes? Yes? Right? Yes? Mr. Jordan: This is 1600 Northwest 20th Street. City of Miami Page 81 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Gabela: Okay, thank you. Vice Chair Carollo: It's fine. How much is it that you have been cited for as of today? Mr. Jordan: $199,000. Vice Chair Carollo: You know, guys, I could understand if someone 's out there doing a lot of stuff, and those that we really have been doing hundreds of thousands of dollars of illegal work, they keep doing it, repeat offenders, we don't even hit them with -- Mr. Santos-Alborna: Well -- Vice Chair Carollo: -- anything like this for the most part. But, yeah, they're wrong, but, you know, this is something that -- and I think what we try to do up here is be fair to people the best we can. But this, to me, it's almost ridiculous, the amount of money. Now, granted, the owner had an obligation to take care of it the minute he found out, but $199,000 for maybe what could be at most 12 feet, maybe. Do you have the measurements of it? Mr. Santos-Alborna: I understand, Commissioner, but number one, we go through a due process, we provide the notice, they provide the summons, we give them time to comply, and after a reasonable time, then they get a daily accruals. I don't know if the client was looking or relying on the tenant. I can't answer those. So, that's why you got the accruals that you got. Vice Chair Carollo: And -- and you're right in what you're saying, and I understand that. But I -- $500 is too little. Commissioner Reyes: It doesn't even cover the costs. Vice Chair Carollo: You 've got to cover our costs at least. Commissioner Gabela: Go a little bit higher. Vice Chair Carollo: Yeah, we'll cover our costs, yeah. Commissioner Gabela: Not $199, not nowhere near that, but $5,000, I mean. Chair King: Commissioner -- Vice Chair Carollo: Well, whatever our cost is. Commissioner Reyes: What is the cost? Vice Chair Carollo: But I don't want to, you know, kill someone with a huge amount, because usually, for the two new commissioners, we try to go dependent on how bad it is, maybe around 10 percent. We 've gone with some a lot higher because they've been pretty outrageous. Commissioner Reyes: Yeah. Vice Chair Carollo: Some, slightly lower. The one that we did before him today is the lowest that I can recall that we've done here. But, you know, this one here, we need to cover our costs. That would be my position. I have no idea what that is. But beyond that, this is not one of those that I'm looking to stick it to someone because I City of Miami Page 82 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 don't see that they purposely have been trying to get away with something. They didn't cause the problem, and yeah, they did took some time to fix it, but sometimes you don 't know what happens in between. But $199, 000, I don 't know. It's just -- you know me. Chair King: Commissioner Gabela? Oh, I thought you wanted to speak next. Commissioner Gabela: No, I'm in agreement actually. I'm in agreement. 199 is excessive. We know we're not going to get that. You know -- so you know to be fair to the gentlemen and in light of what Carollo just said and what we're seeing, you know, what would be, in your estimation, something fair for them so that this can go away. Mr. Santos-Alborna: Well I would say -- Commissioner Gabela: Because look, if you tell me -- I'm sorry to interrupt you, but you know I look at this thing and everybody she said he says, you know I mean, it's kind of hard to put the story together and this is the problem that I think you're -- you know but at the end I think you got to give them the benefit of the doubt, you know, and so I'm willing to do that but give us some guidance on what you think might be -- Chair King: Commissioner Pardo. Commissioner Pardo: I did have a question on the settlement amounts. Can you go over the settlement amount for each property and why they're so different? Mr. Jordan: Sure. Sure, every case is a little bit different. Commissioner Pardo: But one is $500, right? Mr. Jordan: Right. So the reason for $500, my client's approach was, hey, we did, you know -- we started the process, we submitted the demolition permit before the violation started accruing, you know, in good faith. You know, I don't want to blame -- I did not want to come here and start blaming everything on COVID and things of that nature, okay? I wanted to be sure of that. However, my client's offices started working remote right in March of 2020, all the way until 2022. As a matter of fact, a lot of mail was lost from their Brickell address, you know, but I didn't want the, you know, the story to be hey, you know, this is another person blaming it on COVID, which was -- Commissioner Pardo: And the amounts on the other two? Mr. Jordan: The amounts on the other two are 300 -- the amounts of the settlement. Commissioner Pardo: Settlement. Proposed settlement. Mr. Jordan: Sure. Sure. Ms. Dooley: If I could on for RE (Resolution) -- Chair King: We're only doing the one item right now, right? Vice Chair Carollo: Yeah, let's stick to -- to one at a time. Ms. Dooley: One of them is -- City of Miami Page 83 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: RE.3. Ms. Dooley: One of them is of a similar amount. Commissioner Pardo: These are related, correct? Ms. Dooley: They're different properties. It's different corporations -- Commissioner Pardo: The same owner. Ms. Dooley: -- but it 's the same ownership. Yes. Commissioner Pardo: Well, then I think we also need to consider it. Ms. Dooley: So -- Commissioner Reyes: Which is -- Chair King: But they need to be able to -- for our record, they need to be able to speak on each one so that the Commission is in compliance, because this is a quasi- judicial item. Commissioner Pardo: And are we deciding this one right now or we 're waiting? Chair King: Each -- yes, we 'll do each one separately. Commissioner Pardo: So, to help me in this decision, can I know what the amounts were on the other two? (COMMENTS MADE OFF THE RECORD) Ms. Dooley: The -- the issue -- the issue for RE -- I'm going to say -- 5 -- Unidentified Speaker: 5 and 6. Ms. Dooley: -- 5 is one wherein I believe -- and I think we even looked at overhead shots from like Google Earth or whatever. They were in compliance actually prior to the hearing date, but never contacted Code or the City or anybody else, and so they'd offered $500 on that one. The next one, they've offered -- it's a certificate of use and a BTR (Business Tax Receipt). In that one in particular, they're offering $10,000 on each of those violations. And in those in particular, they actually got their certificate of use three months after the hearing. They just -- the tenants never did the BTR. And I don't know if they can speak to any confusion as to that, but so those are the different amounts. Commissioner Pardo: Thank you. Very helpful. Commissioner Reyes: So, through the Chair -- Madam Chair. Chair King: Commissioner Manolo Reyes. Commissioner Reyes: Thank you, ma'am. One thing that I -- question that I have, all these three properties were owned -- is owned by the same corporation, it's an LLC (Limited Liability Company), isn't that true? Ms. Dooley: They are. They are separate corporations. City of Miami Page 84 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Reyes: Separate corporations. Ms. Dooley: Different names. Two of the three have all the same owners, one of them has an additional owner to it. They were not prosecuted as repeat offenders. You know, theoretically -- Commissioner Reyes: Okay. Ms. Dooley: -- maybe the one where there's the $10,000 each offer on it may have qualified as that, but it wasn't -- it's very hard to pick that up at times when they're doing it, but they were not for that -- those other two with the with the CU (Certificate of Use) and the BTR issue. Commissioner Reyes: Okay, did they have -- Ms. Dooley: To be candid, just to be candid. Commissioner Reyes: Did they have the same address that they will receive the notifications? Ms. Dooley: I would have to look, but yes, they have the same corporate registered agents and the same ownership. Commissioner Reyes: That's right. Ms. Dooley: Yes, yes. Commissioner Reyes: And they will receive the same -- Ms. Dooley: Yes. Commissioner Reyes: -- notification at the same address? Ms. Dooley: Yes. Commissioner Reyes: And since they were receiving all this notifications of those violations, they didn't take any action. And that is the problem. In my book, that's a problem. They were receiving -- they were notified. Ms. Dooley: Right. Well, and I think on the RE.5, they did have the tenant removed. And it actually was prior to the hearing, but the phone call, the report wasn't made to Code to go out there. Commissioner Reyes: Okay. Ms. Dooley: Code had checked it like two days before, they were still there, the people leave two days later, that kind of thing. So, with that one, that might be a little different. And on the other ones, obviously, the certificates of use were obtained. They did not obtain the BTRs, and so that's why a lien kicked in and started running. If they -- Commissioner Reyes: But they were notified that they needed a BTR. Ms. Dooley: Yes, yes. Commissioner Reyes: I said it before, we need at least cover. If you are in violation and you've been fined and you want mitigate, you see, the fine that -- maybe because City of Miami Page 85 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 you didn't see it, maybe because you didn't pay too much attention to it, or maybe because you knew that you could come here and get mediation. I mean, I don't know. But $500, I think, is an insult because that does not cover -- that does not cover the -- I mean, the work that has been done, all the -- all -- doesn 't cover anything. Mr. Santos-Alborna: So, Commissioner, I'll say this. A $5,000, not $500, $5,000, the equivalent of 2.5 percent, 97.5 percent reduction. And I would recommend that amount, no less than that. Vice Chair Carollo: How much? Mr. Santos-Alborna: Not 500, 5,000. Commissioner Gabela: And in the briefing -- Vice Chair Carollo: Does that cover our costs? Mr. Santos-Alborna: I'm sorry? Vice Chair Carollo: Does that cover our costs? Mr. Santos-Alborna: Yes, it does. Vice Chair Carollo: Okay. Commissioner Reyes: Okay. Chair King: Commissioner Gabela? Commissioner Gabela: I move to -- Commissioner Reyes: What do you say? Vice Chair Carollo: It's your district. Commissioner Reyes: It is your district, Commissioner Gabela. Commissioner Gabela: Okay, so if it's agreeable to you gentlemen, you're offering, you think you're not offering -- Mr. Santos-Alborna: I recommend. Chair King: What's fair? Commissioner Gabela: Yeah, 5,000. Mr. Santos-Alborna: Yes, sir. Commissioner Gabela: Okay, so how about we make it 5,500? Commissioner Reyes: That's fine. Chair King: I mean, he doesn't really have a choice. Mr. Santos-Alborna: Yeah, it's whatever you (INAUDIBLE). Chair King: If you make a motion for 5,500. City of Miami Page 86 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Gabela: I motion 5,500. Commissioner Pardo: Second. Commissioner Reyes: I second. I second. Vice Chair Carollo: Second. Chair King: Do we have a second? All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): As amended. Chair King: As amended. RE.3 passes as amended. RE.4 RESOLUTION 15225 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2085 NORTHWEST 2 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2020006794, 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-24-0015 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Miguel Angel Gabela, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Commissioner Reyes: Now, we have -- Chair King: So, now let's get into the mitigations. RE.3? (COMMENTS MADE OFF THE RECORD). Victoria Mendez (City Attorney): Madam Chair, can we call 4 first so that then we can hear the three items that are related after? Chair King: Okay. Ms. Mendez: Thank you so much. Chair King: Sure. RE.4, mitigation, 2085 Northwest 2nd Avenue. I have a Jennings disclosure on this one only because they introduced themselves to me during the break. They didn 't tell me anything, but just to err on the side of caution. City of Miami Page 87 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Robert Santos-Alborna: Good afternoon, Commissioners, Madam Chairwoman, Robert Santos-Alborna, Code Compliance Director. RE.4 is the mitigation of a property located at 2085 Northwest 2nd Avenue. I'm going to provide a brief synopsis, as I have during our reviews. The violations are for operating without a certificate of use and operating without a business tax receipt. This is an art gallery that was conducting outside sales and outside displays. Notice of violation issued on March 27, 2020, adjudicated at Code Enforcement Board on February 3, 2022. Violations ran for 383 days, accruing a total of $191,500. Legal Division Chief Rachel Dooley will provide additional details, but I understand from the last -- from the last input from counsel, the offer was $7,500. It may have been increased. I'm going to yield to Rachel Dooley to elaborate. Chair King: Thank you. Rachel Dooley (Assistant City Attorney, Supervisor): Good afternoon, Commissioners. Rachel Dooley, City Attorney's Office. In this particular case, a suit was filed in order to come for mitigation. As you're aware, and as the director has explained, the violation was heard on February 3rd of 2022. The compliance date was a year later, in this particular case, and counsel is present, so he can probably explain it to you better than I, but the situation that occurred with a tenant who had told the owner that they were taking care of their certificate of -- and BTR (Bustiness Tax Receipt) issue, and unfortunately suffered a massive medical issue, although continually reassured the owner that things were going well. The owner eventually took care of the problems. They are currently -- their offer is $7,500, but I'll let counsel for the owner explain the rest to you. David Haber: Madam Chair, Commissioners, David Haber from Haber Law, on behalf of 170 Northeast 40th Street, which is the owner of the property. We have some unfortunate issue that occurred, which is the Art Fusion Gallery, which has been -- first it was in Midtown for almost 20 years, then it moved to Wynwood, then it moved to the subject property. When it moved to the subject property, the tenant got a business license from Dade County and did a change of address but failed to get a new certificate of use and the business tax receipt. It was a mistake by the tenant. And when the notice was given, it was in the beginning of COVID in -- right at the beginning of COVID, and for whatever reason, his gallery -- well, for an obvious reason, his gallery was closed for three months. That was when it was issued. When it came time for the notice of the hearing for February 3rd, 2022, which was done in absentia, the tenant was in the midst of a terrible bout with a quadruple bypass and was in no position to do anything and was also closed for multiple months. The owner found out that the matter had not been resolved. Now I do want to point out that when it was resolved, all of the inspections reflected not one problem with the gallery. There were never any modifications, there were no improvements, there was no construction, and there was no intent to have any issue with the City. It's just the tenant failed to fill out the form to change the certificate of use from one place to another. It is a technical violation. We proposed $7,500 for this because that would cover the cost of all of these hearings, there was one hearing. And the owner, in a regular search of the property, found out that the matter had not been resolved, immediately went to hire a permit expediter in order to get the inspections done and get this closed, which the owner did. Thank you. Chair King: Yes, and I'm familiar with -- I got extensive briefing on there. There was no bad actors here. There's a series of unfortunate incidents, you know, health and COVID. So, I'm inclined to accept the offer of $7,500. Do I have a motion? Commissioner Gabela: Second. City of Miami Page 88 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: Got a motion? Got a motion and a second? Todd is confused. Commissioner Gabela did the motion. Commissioner Carollo did the second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Mr. Haber: Thank you so much for your time. Chair King: Thank you. Todd B. Hannon (City Clerk): As amended? Chair King: As amended. Mr. Haber: Oh, there was one amendment to change the name of my client from Northwest to Northeast in the resolution. Thank you. RE.5 RESOLUTION 15226 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2110 NORTHWEST 13 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2021010072, 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-24-0016 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: RE.5. Robert Santos-Alborna (Director, Code Compliance): 5. Commissioners, RE.5 is the mitigation of a property located at 2110 Northwest 13th Avenue. The violations are for operating without a certificate of use, operating without a business tax receipt, outside sales, displays not permitted. Notice of violation issued on May 2021, adjudicated on September 2021. The violation ran for 705 days, accruals at $352,000. As I understand it, the offer is $500, that's less than 1 percent; Code's recommendation is 5,000. Vice Chair Carollo: Can you go over again the violation, please? Mr. Santos Alborna: Yes, sir. So, is this the one that --? No, this is not the one they were operating without the -- City of Miami Page 89 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Rachel Dooley (Assistant City Attorney: No, it's just the CU/BTR (Certificate of Use/Business Tax Receipt). Mr. Santos-Alborna: Yeah, so operating without a certificate of use, operating without a business tax receipt, and I will say this again, we take that very seriously. And they -- Vice Chair Carollo: Public -- Mr. Santos-Alborna: I'm sorry? Vice Chair Carollo: What did you say besides? Mr. Santos-Alborna: Business tax receipt, BTR. Vice Chair Carollo: Yeah, and what else? Mr. Santos-Alborna: And outside sales displays that are not permitted. Okay, so notice of violation in 2021, adjudicated on September 2021, and violation ran for 705 days. Vice Chair Carollo: What district is this in? Commissioner Gabela: It's my district also. Chair King: DI (District 1). Mr. Santos-Alborna: D1. District 1. Chair King: D1, and they're offering how much? Mr. Santos-Alborna: They were offering $500. Chair King: Oh, I see. Commissioner Gabela. Commissioner Gabela: So -- so -- so, what do you think? What's your offer? Chair King: $500. Commissioner Gabela: $500 ain't going to fly. What do you think? Alejandro Jordan: Yeah, it's too low. It doesn't even cover your costs, that's pretty obvious. Commissioner Gabela: What do you --? Mr. Jordan: You know, I think what -- you know, it's fair, especially with the costs associated with things of that nature, something very similar to case R3 [sic], or RE.3 with the $5,500. Vice Chair Carollo: What is the amount, the total amount here? Ms. Dooley: The total amount of the lien is $352, 000. This is the case where the facts are that the City went out a few weeks before the hearing. The violation was still there. They were still operating without the license. Just prior to the hearing, though, they did remove the tenant. Nobody came to the hearing. Nobody contacted Code. City of Miami Page 90 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 The case gets heard in absentia, and the lien begins to run. And so it ran for all of that time, but the tenants were gone. Vice Chair Carollo: How much longer did it run by after the tenants were taken out? Ms. Dooley: So it -- so, it started to run immediately. The tenants left, actually, I don't know, the day before the hearing, something, I mean, it was right before the hearing. But nobody was notified. And of course, in their notices, they receive notice, please, when people leave, contact us when you 've complied, contact your inspector. Counsel and I have discussed it at length about that, which I'm -- which these owners have been made well aware of of their responsibility to do that. They can't just assume somebody's going to appear out of thin air and go ahead and recheck, you know, they need to know ifpeople are gone. Vice Chair Carollo: Well, again, while we have to be serious about all these violations, this is not one that they're building hundreds of thousands of dollars without permits. It's not a life safety issue on construction without permits. You're giving them good fire sales. Commissioner Gabela: You know what, on this one, Carollo, I think you guys should pay a little bit more because this is the second one. How about 10 grand? And also because your fines are $352, 000. Vice Chair Carollo: Well, this is almost double what the other one was. Commissioner Gabela: Yeah, that's why. Vice Chair Carollo: And it's a little more serious, I would say, than the other one. Commissioner Gabela: If it's amenable. Chair King: No, you make the recommendation, Commissioner. It's your district. Vice Chair Carollo: It's a little more serious than the other one. Commissioner Reyes: Make a motion. Chair King: You make the recommendation. Make a motion. You make the recommendation. Commissioner Gabela: So, I motion on the RE (Resolution) -- Chair King: 5. Commissioner Gabela: -- 5 as 10 grand, $10,000. Commissioner Reyes: I second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries as amended. City of Miami Page 91 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 RE.6 RESOLUTION 15229 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2302/2304 NORTHWEST 7 PLACE, MIAMI, FLORIDA, CASE NUMBERS CE2018021610 AND CE2018021624, 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-24-0017 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: RE.6, mitigation. Robert Santos-Alborna (Director, Code Compliance): Commissioners, RE.6 is violations -- there are actually two cases and two addresses at one folio. The property addresses are 2302 and 2304 Northwest 7th Place. The violations go back to 2018, operating without a certificate of use, operating without a business tax receipt, and erecting/posting signs without finalized permit. The notice of violation was issued in October 2018. It was adjudicated before the Code Enforcement Board on January 2019. The violations ran for 1,592 days, accruing $398, 000 at the 2302 property and the 2304 has mirror violations, operating without CU (Certificate of Use), operating without BTR (Business Tax Receipt), erecting signs without permits. That violation ran for 1,242 days and accrued $310,500. The respondent is offering $10,000 on each, which I -- 2.5 percent and 3.22 percent, and I think that offer is fair. Chair King: Sir. Rachel Dooley (Assistant City Attorney): If I could just say, good afternoon, Commissioners, Rachel Dooley, on behalf of the Office of the City Attorney, just in terms of City housekeeping records. Both of the tenants in this case, after the hearing in January of 2019, they received their BTR -- their certificate of use permits in March of 2019. So, a few months later they did do that. They did not, however, obtain their BTRs and that 's why the lien continued to run. Alejandro Jordan: Can I give a little background? Chair King: Commissioner Gabela? Go ahead. I'm sorry. Mr. Jordan: Sure. (COMMENTS MADE OFF THE RECORD) Commissioner Pardo: No problem. City of Miami Page 92 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 (COMMENTS MADE OFF THE RECORD) Commissioner Pardo: I agreed. Commissioner Reyes: That's right. Chair King: Sir? (COMMENTS MADE OFF THE RECORD) Chair King: Sir? Mr. Jordan: Yeah, just a little background on the BTR issue. So, this owner, this tenant, had two bays with my client to store his, you know, luxury vehicles. The issue is that he -- so the issue is that he lived in -- lives still in Brazil, meaning the tenant. So, we were assisting them once we got the violations, assisting them. We 'd give them contact information for an expediter and things of that nature. You know, we weren't aware that when we acquired this property also, we acquired it with this tenant in place, with CUs already in place as part of the due diligence materials that we received. So, it was news to us that they, you know, I guess they didn't pay the renewals. So, once the expediter got involved, the reason why the BTR didn't go through, as the way I've explained, is that the tenant entity with the Secretary of State had lapsed. They didn't pay their annual administrative fees or annual reports. So, because of that, they weren't able to pay for the BTR and get the BTR resolved during that time. Needless to say, you know, it took us a while to get rid of this tenant, but that -- this tenant is no longer at the property. Chair King: Commissioner Gabela. Commissioner Gabela: So, you're recommending the $10, 000? Mr. Santos Alborna: I think the $10, 000 for each is fair. Commissioner Gabela: Alright, so nobody has a problem with that. I motion for the 10, does anybody -- Chair King: Second. Ms. Dooley: For each. Commissioner Pardo: Second. Mr. Santos Alborna: For each. Commissioner Pardo: That's for each. So it's total -- Chair King: For each. Commissioner Pardo: -- of $20, 000. Chair King: $20, 000. Commissioner Gabela: Total of 20, correct. Chair King: So I have a motion and a second. All in favor? City of Miami Page 93 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 The Commissioner (Collectively): Aye. Chair King: As amended. Commissioner Reyes: As amended. Chair King: RE. 6 passes. Mr. Jordan: Thank you, Commissioners. Chair King: Thank: you. RE.7 RESOLUTION 14960 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-90 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 SELECTION OF ORLY PROSOUND PRODUCTION CORPORATION, A FLORIDA PROFIT CORPORATION ("ORLY PROSOUND"), FOR THE PURCHASE AND INSTALLATION OF CINEMA LIGHTING AND AUDIO/VISUAL EQUIPMENT AT THE TOWER THEATER, FOR THE GRAND OPENING OF THE CELIA CRUZ EXHIBIT ON JULY 14, 2023, FOR THE APPROXIMATE AMOUNT OF ONE HUNDRED THIRTEEN THOUSAND SIX HUNDRED DOLLARS ($113,600.00); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS OR MODIFICATIONS, 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: Adopt RESULT: FAILED MOVER: Joe Carollo, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes NAYS: Gabela, Pardo Note for the Record: For additional minutes referencing Item RE.7, please see "Public Comments for All Item(s)." Chair King: Now we 're on the RE (Resolution) items. Are there any of the RE items that my colleagues would like to pull for discussion? City of Miami Page 94 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Gabela: So, can I just speak? And my idea was to do everything and then leave the contentious items for the last. Chair King: So, that's -- so you can tell me which items you want to pull. That's exactly -- Commissioner Gabela: So, I think I'd like to -- RE.11. Chair King: Okay. Vice Chair Carollo: Hold on for a minute. Let me just go through this. Commissioner Pardo: I'd like to pull RE.7. Chair King: RE. 7. Vice Chair Carollo: Okay, 11, 7 -- Chair King: Uh-huh. Vice Chair Carollo: -- are going to be -- Commissioner Reyes: 8. Vice Chair Carollo: -- taken at the end. 8. Chair King: You want to pull RE.8? Vice Chair Carollo: Okay. [Later... J Commissioner Reyes: Okay. Now, let's -- Chair King: The will of this Commission, we have in play now RE. 7 that was pulled for discussion. Do you want to take that up now? Commissioner Pardo: Yeah, I requested to pull it for discussion only because it says emergency purchase and I think the purchase happened sometime around June, or at least the RFPs (Requests for Proposals), but this was well known since January. I mean it was covered in a Herald article. Miguel Ferro was quoted in that article. So, I don't see how we can say that this is an emergency purchase with no bid. Chair King: Mr. City Manager. Arthur Noriega (City Manager): Annie will walk you through the timeline with regards to the process by which we engaged potential vendors and the lack of responses and all that. Annie Perez: Yes. Good afternoon, Commissioners. Annie Perez, Director of Procurement. Chair King: Good afternoon. Ms. Perez: So, Commissioner Pardo is correct. On June, we issued two invitations for quotations for the lighting equipment. One on June 15th, we didn't get any City of Miami Page 95 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 responses because we didn't get any responses. Then we issued the second one June 23rd. This is off of our specialty trades pool. And when we asked the vendors why they didn't respond, they said that it was because the timeline, the Celia Cruz and the Tower Theater were going to open on July 14th, so we needed to have that, you know, that lighting done in place for that. So, I do want to mention that, if my recollection is correct, that one of the issues was that when the Celia Cruz exhibit folks came to start, you know, and they started setting up the exhibit, that's when they realized that the lighting that was currently there at the theater wasn't adequate, so that was one of the issues. Chair King: Commissioner Pardo, is that okay? Commissioner Pardo: No. Chair King: Okay, I mean do you need more information, because -- Commissioner Pardo: Not really. The only other information I had was does that money all come out of the same budget? So, it would be the Tower Theater budget so we're looking at those purchases coming out of the same place. Ms. Perez: I will defer to -- DREAM (Department of Real Estate and Asset Management) is not here. It does, right? Commissioner Reyes: That's a good question. Mr. Noriega: I mean, Larry can answer it or I can answer it. Yeah, it all comes out of the same budget. Commissioner Pardo: All right, so I'm just explaining why I'm voting against it. Commissioner Gabela: So, this is money that was spent that now they're asking the permission to be spent? Ms. Perez: No. So, Commissioner, so the Procurement Code has, under Section 18- 90, which is the emergency procurement, it talks about -- so an emergency up to $25,000, I have the authority to approve. Anything over $25,000 the City Manager has to approve -- Commissioner Gabela: Yeah, what is this for by the way? Ms. Perez: And then we -- Commissioner Gabela: I'm sorry, I'm sorry. Ms. Perez: Oh, I'm sorry, sure. Commissioner Gabela: What's the dollar amount? Ms. Perez: It is -- Commissioner Gabela: I know it's in the (UNINTELLIGIBLE). Ms. Perez: So it's the purchase of cinema lighting and audio-visual equipment. Commissioner Gabela: No, I know, but how much? Ms. Perez: $113, 600. City of Miami Page 96 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Gabela: 113k. Ms. Perez: Yeah. So, under the Code, the Manager approves it, the purchase is done, and then it comes before the Commission for a four -fifths ratification. Commissioner Reyes: Did we get any bid on this? Do we, I mean, get any other prices? Did we bid this out? Ms. Perez: We did, twice. We did June 15th. We issued an invitation for quotation under our specialty trades pool which has lighting and audio. Commissioner Reyes: Commissioner Pardo had a good question. This is coming out of the Tower Theater budget or it's coming out of general fund? That is a great question. Larry Spring (Chief Financial Officer/Assistant City Manager): Commissioners, when you guys approved the budget, you -- we appropriated this money for this use. So, the money was properly appropriated. It was in the account for expenditure. The issue is a procurement process issue. Simple as that. But the money is not new money or unappropriated money, it was appropriated money. Commissioner Pardo: And because we had a short window of time, we just didn't get any bids, so it became effectively a no bid. Ms. Perez: Correct, correct. Mr. Spring: No. Ms. Perez: Well, it -- Mr. Spring: Effectively an emergency. Ms. Perez: An emergency. Commissioner Pardo: An emergency. Ms. Perez: Because of the timeline to open the Celia Cruz exhibit and the Tower Theater opening at the same time. Commissioner Pardo: Even though there was a record of it being known in January. Vice Chair Carollo: No. Mr. Noriega: No. The transition occurred in January, but the significance of the impact and the condition of the lighting wasn't known until Celia Cruz -- Ms. Perez: Until Celia Cruz, yeah. Mr. Noriega: -- started to do their build out. And then -- and then it was discovered, hey, we have some deficiencies here with regards to the lighting. We need to make repairs and improvements, and that's where this came from. Commissioner Pardo: But it was actually -- Mr. Noriega: It was late. City of Miami Page 97 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Pardo: But it was actually covered in the article, these two systems, lighting and sound. And it was known, it was said, these systems need to be replaced. Mr. Noriega: No. Vice Chair Carollo: But -- Chair King: What -- Vice Chair Carollo: -- the confusion might be is that when Miami -Dade left, sorry, when Miami -Dade left, they took a lot of equipment that the City does not believe was theirs to take. For instance, when we gave them the lease in the theater, there were the projectors that were there. At the same time, they might have bought some additional, newer projectors, but we have taken the position that it was with our money, because the lease was that we wouldn't have to pay them a penny, but in fact, in at least two d fferent times they came before this body, the Commission gave them a million plus dollars for different repairs there. In addition, beginning, I forgot what year it was, we did something for them that to my knowledge we haven't done for anyone else, the surcharge that they are supposed to give the City for tickets, we said, okay, you could keep the surcharge so that you could do repairs and maintenance and so on. So, when they left, they took the two projectors, they took all kinds of equipment, lightings that were there were missing. One of the most critical areas was that the Tower Theater is computerized. So, to get the air condition, to get the lighting system going, it was in a computer. They took the main hardware of the computer, so we had no control over it. There were things that were broken. The floors were all scratched up. You can go see that today, it's still there. The City has a list of all the things that we found that were taken out, that were broken, missing, what have you. So, this may be where the confusion might be for you. I don't know what article you're referring to, Mr. Pardo, but that's where the confusion might be. The Celia Cruz didn't come into effect until some time later after that day, to the best of my recollection. I don't manage it day to day. I don't have the time, least of all these days. But it's -- only thing I can tell you is not just the Celia Cruz exhibit, but the Tower Theater as a whole has had a success that it's never had since it's opened. Between theater and activities that we have there, whether documentaries that are plays, different activities for the public, the place is usually packed on weekends. So, that's the best of what I can say to you. The records that I'm talking about, the City has them. And you're free to look at them if you so wish. Chair King: Do I have a motion to pass this item? Do I have a motion for the item? Vice Chair Carollo: There's a motion. Chair King: Do I have a second? Okay. So, I see that I may not achieve this four - fifth vote that we need. Ms. Perez, can you come back to the podium, please? Ms. Perez: Yes, Madam Chair. Chair King: Okay, so the issue with the lighting, you went out to bid twice, you didn't get any bidders. Then when we were installing the Celia Cruz exhibit, it was identified that there was an issue and we needed to correct it. Correct? Ms. Perez: Right. Well, I believe that it -- the Celia Cruz exhibit, when they started installing it, because they installed it before -- Chair King: Yes, that's what I'm saying. Ms. Perez: -- that 's when they determined that -- City of Miami Page 98 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: (UNINTELLIGIBLE). Ms. Perez: -- it was inadequate, the lighting -- Chair King: And the money -- Ms. Perez: -- and then we issued the -- Chair King: Right. The money that was spent was allocated in the budget for this project? Mr. Spring: Yes. Chair King: Okay, so it was an emergency, it was budgeted funds, and the people have provided the service, but have not yet gotten paid? Mr. Spring: No. So, we -- we have -- this transaction has been consummated. It's done. The equipment has been purchased, installed,. It's appropriated funds. So, from a procurement standpoint, procedurally we have to obtain this approval because it's a ratification. Chair King: And if we don't obtain the approval because it's a ratification, because the vendor has already been paid, what happens? Mr. Spring: What happens? I just denote it as an unauthorized transaction in our financial statements, which for the record has never happened. Vice Chair Carollo: For the record? Mr. Spring: Has not happened in my 20 years in. Chair King: So, for my colleagues who have hesitancy or will not approve this, can you explain your -- your issue? Because I don't -- just explain your issue. Victoria Mendez (City Attorney): And before, I just wanted you to know that this is perfectly legitimate pursuant to our Procurement Code. This is allowed to do this process based on what occurred and then bring it to the Commission. This happens with hurricanes, it happens with any -- when the AC breaks and you can't get somebody there on time, this is a -- it's a tool, a procurement tool which is codified. I just -- just in case you have any concerns with -- that it's a process that is not codified. This is codified exactly this way. Commissioner Pardo: My issue -- Chair King: Commissioner Pardo. Commissioner Pardo: Sure. My issue is that obviously I'm familiar with the theater so I read when articles come out about it and I'm familiar with the systems that we're talking about here. And when Miami Dade College left and if they stripped out all the equipment and the person running it says that they're missing lighting and sound in January, I don't understand how this is an emergency item in June. So, in good conscience I can't condone that kind of behavior. So, in my case I'm not willing to support the item and I believe it should be an audit finding. Commissioner Reyes: Madam Chair. City of Miami Page 99 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: Commissioner Reyes. Commissioner Reyes: In order to rates this, this line, and -- it is needed for the theater to operate. Yes or no? Mr. Spring: Yes. Commissioner Reyes: It is -- it is imminent that we get this. Mr. Spring: It's already there. Commissioner Reyes: It's already there. Okay. We already purchased this. Mr. Spring: Yes. Commissioner Reyes: Okay. Now, if we don't -- I mean, if we don't vote in favor of this, then what happened to the items that they are already there? Mr. Spring: They 're -- they 've been -- I just said it, we'll just denote it as an unauthorized purchase. That's it. Commissioner Reyes: An unauthorized purchase. Mr. Spring: Yes. Commissioner Reyes: What happens when there is an unauthorized purchase? Mr. Spring: I have -- we have a requirement to disclose it to the City Commission. We're doing so right now. Commissioner Reyes: After the fact. Mr. Spring: Yes. Commissioner Reyes: After the fact. But now we are in a predicament that if we don 't pay for it -- Mr. Spring: We've paid for it. Chair King: It's already been paid for. Commissioner Reyes: No, we already paid for it. Mr. Spring: Yes. Commissioner Reyes: Yeah, and if we don't, we don't vote in favor of that payment, what happens? Chair King: It -- Mr. Spring: My real answer is nothing. I have to disclose it to the Commission, which we 've done. Commissioner Reyes: That's what I'm saying. You know, that's what I'm saying. It shouldn 't happen. And I hope that never happens again. City of Miami Page 100 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Mr. Spring: Well, Commissioner, and the City Attorney just said it, this happens from time to time -- Commissioner Reyes: Okay. Mr. Spring: -- where we have to, you know, the City Manager is here to operate the business. Commissioner Reyes: Yes. Mr. Spring: And we can't always bring an item to Commission, you know, in a timely manner. So, we have this tool, this emergency purchase, when we need it. In my 20- something years, every single Commissioner's office, every department has had some moment where we 've had to exercise this. And I hate to say it this way, still an approval, but it's perfunctory in nature, in my opinion, at the end of the day. We're not going to be unjustly enriched with a free set of lighting. We paid for it. We did our best to procure it in a certain way, and then we had to go and find a vendor who could supply it. That's it. We -- I mean, we exercised every step, we took every measure, we followed procedure. Mr. Noriega: And I think critical to this, through the Chair, is that it was budgeted. So, it's not like we 're taking on an expense that was not budgeted, wasn't included in the budget. The issue ultimately is timing and process. I understand why the Commissioner has -- is uncomfortable, but what I think we need to kind of put into perspective is from mid to end January to when this, we uncovered it was necessary to do this, wasn't a lot of time. And so in terms of the actual show, right, because the show brought a lot of additional needs that I think weren't anticipated. That's the only way I can -- I mean time for us is unfortunately from a procurement standpoint, you can blink and you've snapped off six months in procurement just because process is process. I think everybody that -- and Commissioner Reyes can certainly attest to that because we run into all kinds of issues from procurement from a timing perspective, right? So look, I understand the heartburn. We're frying to explain it as best we can. There wasn't anything nefarious to this other than timing was bad, and quite frankly, you know, from a financial impact, it has none because we budgeted for it. Commissioner Pardo: I think -- Vice Chair Carollo: Commissioner King? Commissioner Pardo: I think -- Chair King: Commissioner -- Vice Chair Carollo: Whenever he's done. Chair King: Commissioner Gabela asked to speak next. Commissioner Gabela: No. So my thoughts are this is why we get into trouble here. Chair King: Commissioner Gabela, pull your mic. Pull your mic. Commissioner Gabela: Sorry. Okay, so not to get into, you know, protracted debate, you know. I already heard what happened. But this is the problem why there exists a problem. Because if you have, you know, something on the books that says anything over $25, 000, for example, must be approved by this Commission, then why can 't we simply follow the rules, people, you know? And I already heard it was an emergency, City of Miami Page 101 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 it was an emergency. I got an emergency on December the 28th, the 27th, I asked the City Attorney, through my chief of staff, that I wanted outside counsel, okay? And she, I believe you said that I didn't need outside counsel, and therefore I was not provided outside counsel. And I wanted outside counsel because, with all due respect, I don't trust the City Attorney when it has to do with me and serve me as the Commissioner as she does other commissioners. But I'm making this and I don't want to get into an argument here. The point is I stayed without city counsel. Because I didn't go and then say, you know, I spent the money and then here we 're -- you know, and I know this is different, we're comparing apples to oranges, but this thing has to stop. You know what I mean? Either we follow the rules or we don't follow the rules. Either we follow the rules across the board or we don't, but it can't be this thing where, you know, that this happened and you know, and -- so I'm going to be voting no, just for the record, on my part, and I respect everybody else's -- Chair King: Commissioner Carollo, and then back to Commissioner Pardo. Vice Chair Carollo: Thank you. Chair King: Did you want to say something, Commissioner Reyes? Vice Chair Carollo: Yes, I do -- Chair King: No, I'm frying to not -- yes. Vice Chair Carollo: I was trying to recollect to put some of this more in perspective. To the best of my recollection, I don't think we had staff until much after January. But the records could be checked in the City when we hire staff there. So, I think that was also part of the problem, that we hadn't had the staff that was hired yet as we were trying to put this together. But look, I will take full responsibility for whatever staff did there in the best interest of this city. The lighting has helped tremendously in bringing not just the Celia Cruz exhibit, but many activities that we have had there. If you like, the lady that's laughing in the audience, that would like to take it over, she could send another request to the State Attorney's Office to find out how many relatives of mine were given a contract, or any of this other crap that's been going on for years, but what's going on there is that we 're frying to do things as quickly as possible with a reason to have gotten the entire theater moving so it could be opened up to the public in many, many ways. And the facts of what we have speak for themselves. The place is getting more used than ever, ever before. In fact, I dare to say easily that in the short time that the Tower Theater has been opening, and we 've had more people there probably than the whole four years before -- before the City took it over again. Commissioner Reyes: Madam Chair. Vice Chair Carollo: But I, you know, it's more work for me guys, so whatever this Commission would like to do. Chair King: Commissioner Reyes, I think Commissioner Pardo wanted to say something and then I'll recognize you. Commissioner Pardo: I just wanted to say the discomfort here is with the idea that an emergency purchase is perfunctory. So I think what we're trying to say is if it's an emergency purchase, let's really solidify that it's an emergency. Chair King: He didn't say that the emergency purchase was perfunctory. What they are doing now is perfunctory because the vendor was hired, the lighting was installed, and the vendor was paid. What is perfunctory is that they're coming before City of Miami Page 102 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 us to get our retroactive approval for what was done. It's clear that that's not going to happen, so I'd like to call the question. Todd B. Hannon (City Clerk): Chair, I have a motion. Is there a second? Chair King: I have a motion. There's a second. All in favor? Mr. Hannon: Chair, who's the second? Chair King: I'm the second. Mr. Hannon: Okay. Chair King: All in -- Commissioner Reyes: Before I vote, I'm going to tell you -- I'm going to give you my opinion on this. Chair King: Okay. Commissioner Reyes: I believe that if we have -- there is a process, and we have not -- we have not found any other vendors, that we should be informed that this expenditure is going to take place. Now, we were not -- we were not and I don't agree with it. The problem is that our vote, yes or no, it is moot. This has been paid. This has been paid. The equipment is going to stay there, you see. But if I vote for this, I mean, I cannot, I cannot condone that we make purchases of that magnitude, and then we are informed after the fact, you see. I believe that we have to go through the process, and since this does not have any bearing on the equipment, that equipment is going to remain there anyways, is that right? Mr. Spring: Well, I want to make two points. Yes, there is no bearing on the equipment, and two, we followed the procedure that's codified. Commissioner Reyes: Okay, fine, but what I'm saying is it is codified, but -- Mr. Spring: No, we follow the procedure. Commissioner Reyes: You follow the procedure, but we were not informed. Chair King: That was not the procedure. Mr. Spring: That's not the procedure. Commissioner Reyes: The procedure -- Chair King: If we want to change the procedure, we can do that. Commissioner Reyes: I would like to change the procedure. Chair King: We can do that, but let's take this -- Commissioner Reyes: That's right. Chair King: Let's take this up now, because -- Mr. Spring: Actually, we are following the procedure because it calls for -- City of Miami Page 103 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: In bringing it -- Mr. Spring: -- ratification. Yes. Chair King: Right. Commissioner Reyes: Yes, but Larry, what I'm saying is -- is we shouldn't be informed after the fact. We should be informed that the action is going to taking -- you're going to take action. Mr. Spring: I can appreciate that, and I'm going to say one thing to that. These things happen. Commissioner Reyes: I know. Mr. Spring: Sometimes it's a -- it's a water leak or something else. Commissioner Reyes: Yes. Mr. Spring: If you're telling me you want to be informed simultaneous to GSA (General Services Administration), you know, that's the Manager's call, how we -- we deal with that but -- Commissioner Reyes: Yes, I -- I know that -- Mr. Spring: I just want to give you context -- Commissioner Reyes: -- I know that we can make this very cumbersome -- Mr. Spring: Right. Commissioner Reyes: -- and it's going to take a lot of time. I have, in my jobs that I have, in -- in drainage projects in the street and all that, that we have to spend money, I mean, immediately in order to fix or cure the problem that we have that is -- Mr. Spring: We've gone through it. Commissioner Reyes: That's right. I know, I know that. But what I want to know, and what I want to tell you this, this -- an effort has to be made. An effort has to be made that we are informed as fast as we can. Mr. Spring: Okay. Commissioner Reyes: Okay? As fast as we can, you see. Now, voting yes or no, it is moot, you see. Chair King: It's not moot because then they would be in further compliance once we have -- Commissioner Reyes: Yes, yes, what I'm saying -- Chair King: -- we 've been told it. Right, it won't -- Commissioner Reyes: -- does nothing. Chair King: -- it won 't have any -- City of Miami Page 104 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Reyes: Any bearing on -- Chair King: The vendor is paid. Commissioner Reyes: The vendor is paid. Chair King: And that would have been my concern. Commissioner Reyes: The equipment is there. Chair King: Yes, yes. Commissioner Reyes: Okay, but -- Chair King: So, but let's -- let's, for the record, address this -- Commissioner Reyes: Okay. Chair King: -- this item as we are supposed to. I have a motion and a second, all in favor? Commissioner Gabela: Nay. I'm no. Vice Chair Carollo: Aye. Chair King: Aye. Commissioner Reyes: Aye. Chair King: No. No. Commissioner Reyes: Okay. Mr. Spring: Thank you. Chair King: 3-2. The item fails for lack of a four -fifths vote. Commissioner Reyes: Yes. RE.8 RESOLUTION 15120 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION REAPPOINTING VICTORIA MENDEZ AS THE CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA TO HOLD OFFICE AS PROVIDED FOR IN THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH COMPENSATION AND EMOLUMENTS TO REMAIN THE SAME. ENACTMENT NUMBER: R-24-0018 City of Miami Page 105 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Reyes NAYS: Gabela, Pardo Note for the Record: For additional minutes referencing Item RE.8, please see "Public Comments for Allltem(s)" and Item RE. 7. Todd B. Hannon (City Clerk): So, we're switching now to RE.8 -- Commissioner Gabela: What are we doing, switching to what -- Chair King: Switching. Commissioner Gabela: -- to RE.8? Mr. Hannon: RE.8. Commissioner Gabela: RE.8. Mr. Hannon: -- is now under discussion. Vice Chair Carollo: Alright. Commissioner Gabela: Okay. Commissioner Reyes: (INAUDIBLE). Commissioner Gabela: It's the same thing, isn't it? Commissioner Reyes: Okay. Chair King: Well, essentially it's the same thing. Vice Chair Carollo: Okay. You got a copy of it and then you guys could read it. Commissioner Reyes: This will give us time to form a committee and have -- Chair King: George? George, can you read the amendment so the public -- George Wysong (Deputy City Attorney): Yes, ma'am. The Resolution was read by title into the public record by Deputy City Attorney George Wysong. Commissioner Reyes: Okay. Vice Chair Carollo: Commissioner Reyes, would you be willing to --? Chair King: The mic. Vice Chair Carollo: Would you be willing to extend this to six months instead of the four months to give us ample time to make the right decision? And I will tell you from my experience as mayor, when we hired our city manager, the first time, that we went to an outside firm, that's what I don 't -- haven 't read the rest, but I would City of Miami Page 106 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 imagine that's what you want, the head hunting firm, so that we could get the most professional -- Commissioner Reyes: Absolutely. Vice Chair Carollo: -- qualified person, that -- Commissioner Reyes: And a committee has to be formed. Vice Chair Carollo: -- that -- Commissioner Reyes: A selection committee. Vice Chair Carollo: -- is going to take time. So, if you put six months, this would give us plenty of time to be able to accomplish it. Commissioner Reyes: I believe -- I believe the -- the consensus is that no more than five months. Commissioner Gabela: I thought it was April. Commissioner Reyes: Huh? Commissioner Gabela: I thought it was April. Vice Chair Carollo: No, five months he's saying. Commissioner Gabela: No, I thought it was April. Commissioner Reyes: It is -- it is -- Commissioner Gabela: The timeline. Commissioner Pardo: Four months, right? Is that what it says? Commissioner Gabela: Wysong is a person -- Chair King: This says four months. Commissioner Gabela: -- that a person has been here for 30 years, why can 't we just transition to him? Chair King: This says four months, and then -- Commissioner Gabela: And then look at the -- Chair King: -- Commissioner Carollo offered 6 months, so that's -- Commissioner Gabela: No, no, I heard that. Chair King: So -- Commissioner Pardo: I'd like to stay with four, personally. Chair King: No, he said -- City of Miami Page 107 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Vice Chair Carollo: Commissioner Reyes stated five months. Is that correct, Commissioner, five months? Commissioner Reyes: No, we can -- we can extend it to five months. Vice Chair Carollo: Okay. Commissioner Reyes: I mean, I want to us to have ample time to make a selection committee and be able to have a -- I mean, select a person that is going to replace the city attorney, and have a very orderly transition. You see, that's what I'm looking for. Commissioner Gabela: But we can have an orderly transition with Mr. Wysong. He's been here for 30 years. Commissioner Reyes: Sir, sir, sir. That is your opinion. My opinion is totally different. Commissioner Gabela: Okay. Well, I'm -- Commissioner Reyes: You see, my opinion is totally different. Commissioner Gabela: I get -- and I respect it. I respect your opinion. Commissioner Reyes: I believe that we have -- we -- I mean, people that have been in the City for 20 years (UNINTELLIGIBLE). I believe that. It is given in the private sector, it's given every place, you see. It's not that we are extending the contract, or anything, it is it's going to be extended until we find the -- Commissioner Gabela: But until we find or for four months, until April? Commissioner Reyes: For four months that we have to find it within April. Commissioner Gabela: But is that going to be stipulated in the contract that her termination or her contract ends in April? Commissioner Reyes: It would be -- Commissioner Gabela: Or is that pending whether we find somebody or not? Commissioner Reyes: No, sir. Don 't put words in my mouth. Commissioner Gabela: No, no. Manolo, I'm not putting words in your mouth. I'm asking so I know what I'm voting on. Commissioner Reyes: No, no. What I'm telling you is at the end ofApril. Commissioner Gabela: I'm not putting words in your mouth. Commissioner Reyes: At the end of April then it will be determined. Commissioner Gabela: Okay. That's what I'm asking. Commissioner Reyes: And the contract will be in April. We have to find somebody before April, and that's it, okay? City of Miami Page 108 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Vice Chair Carollo: Commissioner Reyes, what part of this resolution, since you're more familiar than me, I'm only halfway reading it, do you have on how -- what firm is going to be -- how we 're going to choose a firm? Commissioner Reyes: No, the thing is -- the thing is this. What I believe -- what we're going to do is we're going to open the applications, open for everybody -- Vice Chair Carollo: Sure. Commissioner Reyes: -- and each one of us will name a person for the appointment, I mean -- the selection committee. I already have my candidate, you see. It has to be an attorney. Commissioner Gabela: I'm sorry, you what? You're already? Commissioner Reyes: I read -- I read. Commissioner Gabela: I didn't hear you, I'm sorry. Chair King: He already has a candidate. Commissioner Reyes: I have -- I mean. Commissioner Gabela: Oh, okay, you already have a candidate. Okay. Commissioner Reyes: That's right, and I believe that a person that is going to be appointed must be a person that has knowledge of governmental law, so they could vet and interview all the applicants. I mean, the time for application could be open any time. I mean, only a month, you see? We are -- and then allow the -- the committee to do their due diligence, and then come to us with a -- I mean, a suggestion or two candidates, two candidates that we can take from that, okay? Chair King: So just -- just for clarification, four months from today would be May, not April. I just want to make that clear. Commissioner Reyes: Yes, it could be May. Vice Chair Carollo: We're talking five months, is what he said. Chair King: But this says four months. Commissioner Reyes: Four months. Commissioner Gabela: Yeah, that's what I was reading. That's why I asked you the question. I didn't mean no disrespect. Chair King: Right. This says four months, and he said April. Four months from today would be May. Commissioner Reyes: It would be May, or the beginning of May. Chair King: Beginning of May. Commissioner Gabela: Beginning ofMay, okay, that's perfect. Vice Chair Carollo: But you had said you would go with the 5 months. City of Miami Page 109 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Reyes: If it is the will of the Commission. Vice Chair Carollo: Okay. Commissioner Reyes: I am very flexible on it. The thing is that we have to have a date that it is going to be a substitution. Vice Chair Carollo: Well, that's why I'm saying that if you go with five months, at the very least, and not the six that I requested, you would have, I would think, sufficient time then to finalize this the proper and right way. Commissioner Reyes: Well, I'm going to be very honest with you, I don't have any expertise in having a selection committee and how long will it take. Vice Chair Carollo: Well, that's -- Commissioner Reyes: What I want to know, what I want to do, and I'm going to ask from all my colleagues if we pass -- this passes, to immediately start thinking about who are they going to appoint in that selection committee, and bring their names next -- next meeting so we can form the selection committee. You have to talk to the person, form the selection committee and open up the application period, and that's it. Application period could be by a month or so, and then the rest of the time will be for them to vet and interview the applicants. Chair King: So, do you accept the amend -- the friendly amendment to move it from four to five months? Commissioner Reyes: I accept it. I mean, I don't have any quarrel with it. The thing is that this has to be -- have an end date. That's it. Okay. Vice Chair Carollo: Okay. Commissioner Gabela: I'll do four months. Vice Chair Carollo: Can you make the motion for the five months? I'll second the motion for the five months. Commissioner Reyes: Okay. I make the motion for the four -- I mean, the amendment offive months. Vice Chair Carollo: Five months. Okay. Commissioner Reyes: And I think that as much as you want or everybody wants to do away with the City Attorney or whatever, we have to do this the proper way. The way that is -- the way that should be done. Vice Chair Carollo: I second the motion for the five months. Commissioner Reyes: Okay. Now we have -- we have a motion. Commissioner Gabela: I second the motion for four months. Vice Chair Carollo: There is no motion in place, just the one for five months. Commissioner Reyes: Okay. Vice Chair Carollo: Madam City -- Chair? City of Miami Page 110 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: So, there's a motion on the floor to -- for this resolution for a period of five months. We have a motion and a second. All in favor? Commissioner Reyes: Aye. Vice Chair Carollo: Aye. Commissioner Pardo: No. Commissioner Gabela: No. Mr. Hannon: So, RE.8, as amended, 3-2? Commissioner Reyes: Madam Chair? (COMMENTS MADE OFF THE RECORD) Chair King: Yes. Commissioner Reyes: Okay. Chair King: Well, I wasn't voting to terminate our city attorney. And what if -- what if -- yes, so we'll keep for the five. Commissioner Reyes: Madam Chair, it hurts me a lot, too. Chair King: I wasn't voting to terminate our city attorney, and this seems to accomplish that in five months. Vice Chair Carollo: Let me -- Chair King: And that was not -- Vice Chair Carollo: Yeah, let me say this for the record. Chair King: -- but I'll vote to -- Vice Chair Carollo: And I don't want to extend this anymore. I've had enough for one day. So, I'm not going to answer all the statements that Mr. Gabela made about me, my house, and this and the other. Commissioner Gabela: It's the truth. Vice Chair Carollo: There'll be plenty of time for that. Yeah, plenty of time, and I'm not going anywhere. I can't be fired or bullied out. Madam City Attorney, I am sorry for this that has happened to you now. You don't deserve this at all, but God has a mysterious way of working sometimes. And I still firmly believe in Psalm 91. They were the numbers that I received when I first ran in the primary and then in the run- offAnd sometimes you've got to give time, time, and things would fall in place. So, I thank you for -- Commissioner Reyes: Yes. Vice Chair Carollo: -- the jobs that you've done for this city. You've given it all your heart, all that you can, against a lot of nasty, hateful people, that all they know how City of Miami Page 111 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 to do is hate, and let's not kid ourselves. The reason that she had to go is so that the 8th Street Boys, those that Mr. Gabela -- Commissioner Reyes: Wait, wait, wait. Commissioner Gabela: No, no, no. You're wrong. And I'm going to put in -- because you are a liar. Vice Chair Carollo: Listen, listen. Commissioner Gabela: You are a liar. Vice Chair Carollo: You shut your mouth. Commissioner Gabela: You are a liar. Vice Chair Carollo: You've done enough already. Commissioner Gabela: You are a liar. Vice Chair Carollo: You're not going to intimidate me. Commissioner Gabela: You are a liar. You are a liar. Vice Chair Carollo: Ifyou want to play Tony Soprano -- Commissioner Gabela: You are a liar. Vice Chair Carollo: -- play it, but I'll play it right back to you. Commissioner Gabela: You're a liar. You're a liar. Vice Chair Carollo: You're a small little man. Commissioner Gabela: You're a liar. Chair King: We have one -- Vice Chair Carollo: That lies like crap. Chair King: -- item. We have -- oh. Commissioner Gabela: (INAUDIBLE). Vice Chair Carollo: Yeah, you are a little man. (COMMENTS MADE OFF THE RECORD) Chair King: We have one item. Vice Chair Carollo: You wouldn't last two seconds with me, punk. Commissioner Reyes: We have to have some decorum, please. Vice Chair Carollo: You can't have decorum with a guy that thinks he's a gangster. Commissioner Gabela: Yeah, the only gangster is you. The only gangster is you. City of Miami Page 112 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: Thank you for participating in the City of Miami Commission for January 11 th, 2024, the Commission meeting is now adjourned. Thank you. RE.9 RESOLUTION 15119 Commissioners and Mayor RE.10 15205 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION REAPPOINTING TODD B. HANNON AS THE CITY CLERK OF THE CITY OF MIAMI, FLORIDA WITH COMPENSATION AND EMOLUMENTS TO REMAIN THE SAME. ENACTMENT NUMBER: R-24-0019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.9, please see "Public Comments for All Item(s)" and Item RE.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO ABANDON ALL APPEALS IN THE MATTER OF MIGUEL ANGEL GABELA V. CITY OF MIAMI, ET AL., MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO. 2023-20926- CA-01, INCLUDING CITY OF MIAMI, ET AL. V. MIGUEL ANGEL GABELA, ET AL., THIRD DISTRICT COURT OF APPEAL, CASE NO. 3D23-1776; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For additional minutes referencing Item RE.10, please see "Public Comments for All Item(s)." Chair King: 10 has been withdrawn. Commissioner Reyes: Okay. Chair King: RE.10 was withdrawn, correct? Commissioner Reyes: Okay, I'm sorry. I wasn't here. Chair King: Correct? Commissioner Reyes: Okay. Chair King: RE.10 was not withdrawn? City of Miami Page 113 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 RE.11 15173 Commissioners and Mayor Commissioner Reyes: No. Chair King: Okay. Vice Chair Carollo: RE.10 is not withdrawn, right? Commissioner Gabela: No, RE.10 was -- wasn 't it withdrawn? Chair King: Yes. Commissioner Gabela: I believe it was withdrawn. Chair King: Commissioner Gabela withdrew it. Vice Chair Carollo: Well, that's null and void. Commissioner Gabela: Right, so okay. Chair King: Right, so in effect it is, but it was withdrawn earlier. Vice Chair Carollo: Okay, but it's null and void anyway. Chair King: Okay, so let's have a motion to withdraw RE -- to withdraw RE.10. Commissioner Pardo: I'll make that motion. Commissioner Gabela: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: It's withdrawn unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION TERMINATING VICTORIA MENDEZ AS THE CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item RE.11, please see "Public Comments for Allltem(s)" and Item RE.7. Chair King: Now what do we have left, Mr. City Clerk? Todd B. Hannon (City Clerk): RE.8 and RE.11. Chair King: RE.8 and RE.11. Vice Chair Carollo: RE.8 and 11. Chair King: I think we should take RE.11 first. City of Miami Page 114 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Vice Chair Carollo: And you got RE.8 also. Chair King: RE.8. Vice Chair Carollo: Are those the only two items that are left? Chair King: Yes. Commissioner Gabela: That's it on the whole roster? Chair King: That's it. Commissioner Gabela: RE.8 and RE.11 ? Chair King: That's it, and I am not, in any way, frying to thwart anyone's comments. Ifeel like I have heard the comments enough for RE.11, but if you would like to have more discussion, it is, you know, whatever the will of the body is. Do I have a motion for discussion? Commissioner Gabela: Can -- Chair King: Just a motion for discussion and then we can -- Commissioner Gabela: Well, what -- Chair King: -- ifyou want. Commissioner Gabela: What I was going to say, can we take it up in the order that it's in? Chair King: Well then one -- one will negate the other. Commissioner Gabela: I'm just asking. Yeah, one will negate the other one, okay. Well, first one -- okay. Chair King: Well, yes, it's the same thing, I thought that one first. So, do I have a motion for -- do I have a motion? Commissioner Gabela: Yeah, they're telling me, in my ear, that the Charter goes first. Is this correct? Todd B. Hannon (City Clerk): Commissioner -- Chair King: He couldn 't hear -- he couldn 't hear you. Commissioner Gabela: They're telling me that the Charter goes first -- Chair King: So, we can take up -- Commissioner Gabela: -- is this correct? Chair King: Okay we -- Commissioner Gabela: That the Charter goes first? Chair King: We -- City of Miami Page 115 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Gabela: I'm asking the question. Chair King: I don 't know. No, it doesn 't matter. It doesn 't matter. Vice Chair Carollo: It does matter because you can't be having a motion trying to hire somebody and then immediately -- Chair King: Have a motion to -- Vice Chair Carollo: -- could be hearing the motion to fire them. Chair King: Right, that's why wanted to take -- Vice Chair Carollo: So, I think you're correct, Chair. Commissioner Gabela: It's got to go in order, right? Chair King: No. Commissioner Gabela: It does not. Okay. Chair King: No, it doesn't. Commissioner Gabela: Alright. Chair King: So -- Commissioner Gabela: I stand corrected. Chair King: Or if we take -- one will cancel the other one out, irrespective of which one we take, so we can take RE.8 first. Vice Chair Carollo: Or do you prefer to hear 8, Commissioner Reyes? Chair King: Which one do you want -- it 's -- Commissioner Reyes: I don 't have any (INAUDIBLE). Chair King: He can 't hear you. Commissioner Reyes: (INAUDIBLE) I know how I'm going to vote and -- Chair King: That's -- that's how I feel, like everybody here already knows how they are going to vote -- Commissioner Reyes: That's right. Chair King: -- so there 's no reason for us to belabor this. So -- Commissioner Gabela: Well, I was in the -- Chair King: But -- but you can. I'm not saying that you can't have -- if that is what you want, I'm going --I'm not saying you can't, but know how you feel. Commissioner Gabela: Look, for me, it's a question of Vicky said to me one time, you know, she represents the five commissioners, okay? But I must tell you, I don't City of Miami Page 116 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 feel that I'm represented in equal fashion, on this board, as others on this board. And I don't want to start, like I said, I don't want to get into a protracted -- you know, you won't believe it but when I'm up here and I have to say certain things that are unpleasant, they are unpleasant for me to say, but at the end of the day, you know, you have to say them. It is not my wish to come here and, you know, insult anybody. You know, that's not my nature, but you know one sometimes is put into a position that you -- you have to defend yourself and you have to defend your ideas, and -- and make it known out there as to why you're doing what you're doing, you know. And why I'm calling not to renew the City Attorney's job is because one, I don't feel that I'm presented -- being represented by the City Attorney, like I said, fairly. And I'll give you -- I'll give you an example. For example, I believe it was December the 27th that was -- the City of Miami has put three lawsuits against my person, okay? Since June 14th of last year, of which those lawsuits, we have won those three lawsuits. The City of Miami has lost those three lawsuits. And maybe it was one lawsuit, because it was the original lawsuit and then the appeal and then the re -trial on the appeal. And Vicky, you lost that three times. When I had a meeting with you, you know, you said we can meet, this and that, and we had a meeting in the office and you said, "You're a commissioner now, I represent you." And I think I said to you at the time, you had that third lawsuit going on, and I said, "Why do you have this third lawsuit going on when I'm a sitting commissioner right now, and you're saying that you're representing me." And, you know, I don't understand. On the one hand, you can't be a City Attorney, that you say that you represent me as a commissioner, and at the same time, you're suing me in court and you're trying to take me out as a commissioner because of my residency, okay. And -- and I believe what happened was -- and you said, "You need a resolution to take that off. " And then I asked you, "Well, let me ask you a question. To file the original lawsuit, did you need a resolution to feel -- to file the appeal? Did you need a resolution for that?" No, you did it on your own. And I even asked you, "Did you need the authority of this body?" and I believe you said no, that you did not. On the other hand, to take the last lawsuit that you knew you were probably going to lose, like you did, okay, you refused to take it off even though I was already a sitting commissioner, and am a sitting commissioner, duly elected by the people, like yourselves, the other four commissioners here that sit on this dais, on this body. It took -- on December 27th, one day before the court finally said, "No, you know, we're not going to do the embankment." Okay? And then you lost. But on the 27th, we didn't have no idea that that was going to be -- the decision was made on the 28th, and I believe Frank Castafieda wrote you an email, my chief of staff, asking you, Vicky, "We'd like outside counsel." Okay, because we no longer feel -- okay, to fight this lawsuit or anything else, that you represent us fairly, okay? And you made a big fuss about it. You never said yes, and I was not provided outside counsel. Now, we got lucky that on the 28th, the -- the court ruled unanimously against you for the third time now, and you lost. So, I didn't -- at that point, I didn't need outside counsel, but here's the contrast. I know that Carollo has many lawsuits, okay, and I don't want to get into that specifically, but I'm only mentioning it because I want to make like that when Carollo asked you for outside counsel, you provide outside counsel. I don't even know how much outside counsel Carollo has now, and I don't want to even get into that, you know, ball of wax right now, but I'm only using this as an illustrative reason, for example, one illustrative reason that, you know, I -- I don 't trust you to be fair with me, you know. And I am a member of -- of this body, and I thank you, those of you who have accepted me, into this, you know, dais, okay. And therefore, I ask that -- examine yourselves and examine what's been going on. You know, the City ofMiami right now is mired in legal troubles left and right. We're in a quagmire, that we've been now for several months. I've expressed in the past, without going into, you know, detail and detail, I don't want to speak here for one hour, okay, the shenanigans of the budget meeting, the shenanigans of the, you know, the Carollo lawsuits. We've got, like I said, lawsuits going left and right. We could be spending that money, I think, in more constructive things for our districts, for our City of Miami Page 117 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 areas. Right now, I spent part of my time, yesterday, on writing briefs, and the day before, to go up in front of the -- the Ethics Board, and then I spent some time thinking of what I'm going to address with you. And instead of taking that time and energy and doing positive things for our districts, this is what some of my time is spent on now, okay? And the other things is, there 's clearly, again, a double standard here. On June 14th of 2023, last year, I was running for office. I had been knocking on doors and running for office for four months. I had been a registered official candidate since February 9th, I believe, and I was knocking on doors, gentlemen, and ladies -- ladies and gentlemen. And all of a sudden, there's a map redraw on June 14th, and it takes my house out of the district. A Martian came down from heaven that day and told DeGrandy just to take -- carve out my house, magically carve out my house, which back then, I was the only candidate running against Mr. Diaz de la Portilla, that got arrested on corruption charges and is now pending trial on indictment. That started in June 14th, okay? That was, you know, many obstacles to come. At the same time, I was in front of this dais, I was sitting right there, and I said, "Hey, in case you didn't know it, that's my house, I'm a candidate and what you 're doing is not right." I asked that when you take a recess and you come back, please make it right. Well, that didn't happen. My house was taken out. The same day, June 14th, Mr. Carollo, his house was placed in the Coconut Grove -- Coconut Grove, the north part. You're right about that, it wasn't the south part, it was the north part of the Grove, was carved out, and his house, that he 's always had for a while now, I understand, his house was never part of District 3. And yet, it was accommodated to accommodate him, and that day, he gained three benefits: homestead, shielding from creditors and lawsuits, and not having to pay rent in Little Havana, like he was. Carollo's house was never in District 3. My house, on the other hand, that they took out was always in District 1 since the beginning, I can say, of time. When the City of Miami redrew districts, that house was always in District 1, where I ran three campaigns from that house. And why am I saying that story? Because if I remember correctly, you were sitting right there, Vicky, and I was over there, and Carollo, I think you were there, and others were here. And I didn't hear you say to Mr. Carollo or to Mr. Portilla, which was sitting here, "Hey, stop what you 're doing because you clearly have a, you know, conflict of interest and we need a legal or we need an ethical opinion." That was not done by anybody here, okay, on that day. So, therefore, we continued and -- and ever since, okay, I -- I say that you've been frying to hamper my candidacy, and then when I'm here, I have to fight for my rights, you know. Just today, this morning, what happened? You know, I was put into that position. I never gained a benefit from anybody, okay? My house was always in District 1. They took that house away from me. They took the privilege of running from that house. I did not gain a benefit like Mr. Carollo did, back in June 14th, because I was already in that condition. What happened this morning is they did put me back in the condition that I was before. They made me whole, you would call it in legal terms. They remedied my situation that not by my doing, but by cheating and political connivery, was done to me. That's another reason why I can 't trust you as -- as a sitting commissioner here because you say you work for us butl don't get equal treatment, I feel. And you know, I can -- I can go on and on and on, and -- yes, I got it, and at the end of the day, you know, there 's a bad image in the City of Miami, and I think we need to start somewhere. I met with you and I asked you, in a positive way, I said, "Vicky, can you retire? I'm not out for blood, I'm not interested in messing your pension up, that's not what I'm about, but I just don't trust you because all these things that have happened. " I said it to you, do you remember that conversation? I think we had that conversation, you know, and I was very forthright and forward with you of what my intentions were. I - - I never tried to lie to you or, you know, tried to lead you on, and you said to me, "No, you know, I have the three votes to stay and that won't be happening. " And I said to you, you can't even tender your resignation and stay until April, until you want to, you know, but step down as lead attorney and just to fulfill your thing, and you said nope, you weren't going to do that. And then I think I said, okay, so you City of Miami Page 118 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 want to go to battle, I guess. I mean, if that's what you want, to try to resolve this in a good way, to waste -- to not waste all this time that we're doing here. Because let me tell you, I am not comfortable when I have to do these things, believe me. You know, this is not my nature, but I've been put in this situation, okay, just because I decided to run for commissioner in 2023. That's what happened to me, and because you had a corrupt individual sitting here, okay, that thought he was going to take advantage of me, and didn't realize that had another house, another property that own, that me and my wife have owned for 18 years, at 1780 Northwest 21st Terrace, and for many, many months, I had to stay at that house, counter to what you have said on America TV, you don't know what you're talking about, Carollo, with all due respect. Vice Chair Carollo: I know more than you might think. Commissioner Gabela: No, you don't. No, you don't, and I'm going to prove that you don't And by the way, you're surveilling me. You should stop surveilling people, man. Waste time on other stuff, constructive stuff, stop surveilling me and other people, okay? Because look, you're not going to find anything else on me. I don't have skeletons in the closet. I'm here to tell you. So, you're wasting your time. And on the -- and then on the one hand, you go out and you say that you don't have money and that they can't money from you because you've got to maintain your family, yet, somebody is paying for an investigation, okay, or somebody's telling you, that's investigating me, or maybe, the City of Miami Police Department is being used, which I'm going to get to the bottom of okay? I'm going to get to the bottom of that when I have my time here, okay? But this is all, where I'm leading, why I cannot trust, with all due respect, Victoria Mendez to be city attorney. I think we need to start from a fresh slate, okay, and I'm not interested in blood. I'm not interested in any of these things, Vicky, I'm just interested in start healing the City. I am a sitting commissioner, as everybody is here, okay. I've had to endure of going through an election where they took out my house and I jumped through hoops, left and right, like nobody can imagine. Okay, I got here by a miracle of God and many -- and help from many friends, my wife, that worked very hard, and that's how we got here. Okay, I guess God wants me to be here, okay, and here's the thing, I think we should start fresh. I am going to be voting for your termination. I respect the body here, Pardo, you, King, Commissioner King, Chairwoman King, what you say, Carollo, and what you say, Manolo, because we are all equals here, you know, and we get one vote, you know. And I realize I might not have the votes to make this happen tonight. Here's what I'm proposing, and it might not happen. What l -- what l would propose is that Vicky, you step down, George Wysong steps in, I nominate him, you still stick around until April, if you want to, but you're not lead attorney anymore, and that's what propose tonight. And with that, I end it. I'm not going to waste any more time. Thank you. Victoria Mendez: Do I get to respond to any of that? Chair King: No. Is there anyone else that would like to speak on this issue? Vice Chair Carollo: I would like to let Commissioner Reyes go and then I'll respond. Commissioner Reyes: I have an amendment to RE.8, and I think that Wysong or Greco, you have a copy of it, and could you please come up and read the amendment, that I think it would be a solution for this, if we agree on it, and it will give us time to have a transition, that it is needed, because I -- I agree that there is bad blood in the streets, it's bad blood, and we have to start fresh and new. So, who is going to read my amendment? Commissioner Gabela: I'm sorry? City of Miami Page 119 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: Todd? I'm sorry, wait a minute, the City Clerk looks like we 're doing something wrong. Commissioner Reyes: Okay, okay. Vice Chair Carollo: Can we get a copy of the amendment? Commissioner Reyes: Sure. Todd B. Hannon (City Clerk): Chair, we 're currently discussing RE.11, correct? Commissioner Reyes: Yes, RE.8. Chair King: Yes. Vice Chair Carollo: Can we get a copy of the amendment -- Commissioner Reyes: Sure. Vice Chair Carollo: -- from Wysong, or whoever has it? Chair, I respectfully request that we wait until we all get a copy of the amendment so we could read it. Commissioner Reyes: Okay. Mr. Hannon: So then you 're telling me that we 're now discussing RE. 8? Vice Chair Carollo: We could go back to 8 if (INAUDIBLE) -- Chair King: What 's in play? Commissioner Reyes: I just -- (INAUDIBLE) -- Vice Chair Carollo: We could go back to 8 if you 'd like. Mr. Hannon: Yes. Chair, what I have is that we are currently discussing RE.11, but Commissioner Carollo is correct, if we want to switch to RE.8, we can certainly do so. City of Miami Page 120 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 RE.12 12685 Commissioners and Mayor RE.13 15299 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR - FIFTHS (4/STHS) 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: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item RE.12, please see "Order of the Day" and "Public Comments for All Item(s)." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), FOR CONSIDERATION AT THE SPECIAL ELECTION TO BE HELD ON AUGUST 20, 2024, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO REPEAL SECTION 48 OF THE CHARTER, TITLED "OFFICE OF INDEPENDENT AUDITOR GENERAL," TO ELIMINATE THE OFFICE OF INDEPENDENT AUDITOR GENERAL ("OIAG") AND REMOVE REFERENCES TO SAID OIAG THROUGHOUT THE CHARTER. ENACTMENT NUMBER: R-24-0020 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.13, please see "Public Comments for All Item(s)." Chair King: And we were back to -- Commissioner Reyes: 13 and 14. Chair King: -- 13 and 14 and you were saying? Because this is a charter amendment. Commissioner Reyes: Yes, and we need to -- we need to bring it to the voters. And the faster we place this, the faster that we can implement this. It is quite important, you see, just the news -- just the news came out that the Inspector General that City of Miami Page 121 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 RE.14 15300 Commissioners and Mayor discovered a board member that was misusing funds, and that's what we want to have, that's what we (UNINTELLIGIBLE) and we want to have a department that has the power. Chair King: And this has to go to the voters? Commissioner Reyes: It has to go to the voters. Chair King: Okay. Commissioner Reyes: What I'm asking is to bring this to the voters. Chair King: Okay. Commissioner Reyes: And -- Commissioner Gabela: So, do we have a motion? Commissioner Reyes: -- yes, that's what -- Commissioner Gabela: I'll second. Chair King: So, I have a motion and a second, all in favor? The Commission (Collectively): Aye. Chair King: So, we're finished. Now we're on RE.20. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), FOR CONSIDERATION AT THE SPECIAL ELECTION TO BE HELD ON AUGUST 20, 2024, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO ADD SECTION 52 OF THE CHARTER, TITLED "OFFICE OF INDEPENDENT INSPECTOR GENERAL," TO CREATE THE OFFICE OF INDEPENDENT INSPECTOR GENERAL ("OIIG") AND TO PROVIDE THE PURPOSE, POWERS, AND DUTIES, INCLUDING SUBPOENA POWERS, IN THE CHARTER. ENACTMENT NUMBER: R-24-0021 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.14, please see "Public Comments for All Item(s)" and Item RE.13. City of Miami Page 122 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 RE.15 15307 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO SECTION 48(C) OF THE CITY CHARTER, DIRECTING THE CITY OF MIAMI ("CITY") INDEPENDENT AUDITOR GENERAL ("IAG"), WITH THE ASSISTANCE OF THE CITY MANAGER, TO RETAIN AN EXTERNAL INDEPENDENT AUDITOR(S), TO CONDUCT COMPREHENSIVE AND DETAILED AUDITS, INCLUDING, BUT NOT LIMITED TO COMPLIANCE AND OPERATIONAL AUDITS (COLLECTIVELY, "AUDITS"), OF THE BOARDS, AGENCIES, AND TRUSTS WHERE THE CITY COMMISSION OR A MEMBER(S) THEREOF SERVE AS MEMBERS OF SAID BOARD, AGENCY, OR TRUST AND OF THE CITY'S COMMUNITY REDEVELOPMENT AGENCIES, INCLUDING, BUT NOT LIMITED TO THE: A) COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT; B) VIRGINIA KEY BEACH PARK TRUST; C) BAYFRONT PARK MANAGEMENT TRUST; D) DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI; E) MIDTOWN COMMUNITY REDEVELOPMENT AGENCY; F) OMNI COMMUNITY REDEVELOPMENT AGENCY; AND G) SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY; FURTHER DIRECTING THE IAG AND CITY MANAGER TO APPEAR BEFORE THE CITY COMMISSION AT ITS JANUARY 25, 2024 REGULAR CITY COMMISSION MEETING TO PROVIDE AN UPDATE AS TO THE STATUS OF THE ENGAGEMENT OF EXTERNAL INDEPENDENT AUDITOR(S) AND THE COMMENCEMENT OF THE AUDITS; FURTHER DIRECTING THE IAG TO RENDER ASSISTANCE TO SAID EXTERNAL INDEPENDENT AUDITOR(S), AS NECESSARY, TO ENSURE THE TIMELY AND THOROUGH COMPLETION OF THE AUDITS; FURTHER DIRECTING THE EXTERNAL INDEPENDENT AUDITOR(S) TO COMPLETE THE AUDITS WITHIN FORTY-FIVE (45) TO SIXTY (60) CALENDAR DAYS FROM THE DATE OF ENGAGEMENT AND TO PROVIDE THE WRITTEN RESULTS OF THE AUDITS TO THE CITY COMMISSION AND THEN PRESENT SAID RESULTS AT THE NEXT AVAILABLE CITY COMMISSION MEETING. ENACTMENT NUMBER: R-24-0022 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.15, please see "Public Comments for All Item(s)" and Item RE.1. Chair King: We are -- let's take up RE.20, the direction to propose amendment campaign finance reform, exactly what the reform is. Commissioner Reyes: Madam, why don't we take RE.13 and 14? I think that there was an agreement with the City Manager. Chair King: Okay. City of Miami Page 123 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Reyes: Art. Chair King: Mr. City Manager, RE.13 and 14. Commissioner Reyes: There is -- there is -- Chair King: Is there an agreement? Arthur Noriega (City Manager): Well, no. We're in agreement that we're going to come back -- Commissioner Reyes: I mean, we 're going to go -- Mr. Noriega: -- in two weeks and present a plan. Commissioner Reyes: 13, 14, and 15. Mr. Noriega: And present a plan. Commissioner Reyes: Okay. Chair King: So, does that mean -- Mr. Noriega: On 15. That's 15, that's what we're talking about 15, yeah. Commissioner Reyes: That's 15 -- 15 -- I mean, RE.15, there is an agreement on a time. Mr. Noriega: No, we're going to come back on the 25th -- Chair King: Come back and -- Mr. Noriega: -- and present an actual full plan to execute -- Commissioner Reyes: Oh, you're going to present -- Mr. Noriega: -- to execute the -- Chair King: So, are we ask -- Commissioner Reyes: -- today? When are -- when is that going to take place, today? Mr. Noriega: No, what the item says. Larry Spring (Chief Financial Officer/Assistant City Manager): Repeat that, Commissioner, I'm sorry. Commissioner Reyes: Is that going to take place today? Chair King: No, he said in two weeks, so -- Mr. Spring: We'll bring it back at the next -- Chair King: So -- Mr. Spring: -- at the next meeting. City of Miami Page 124 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Reyes: At the next meeting. Chair King: -- so are we going to defer -- Commissioner Reyes: Oh, okay. Chair King: -- RE.15 then, for two weeks? Mr. Spring: Well, you -- Commissioner Reyes: Then we have to -- then we have to defer it. Chair King: So, we -- so, do I have a -- Commissioner Reyes: I'm not too happy with deferring it, but -- but -- Chair King: So -- Commissioner Reyes: -- if it is the will of the Commission, we will defer it. Chair King: So, do I have a motion to defer RE.15 to the first meeting in February? Commissioner Gabela: Motion. Vice Chair Carollo: Okay. Chair King: I have a motion, do I have a second? Mr. Noriega: No, guys, hold on a second. Read the -- read the resolution. It says -- Mr. Spring: To come back. Mr. Noriega: -- come back to the 25th, right, to provide an update to the status of the engagement. That's what I just said, we're going to come back -- Chair King: Okay, so do I have a motion -- Mr. Noriega: -- the 25th. You can approve it. Commissioner Gabela: So, we 're not going to -- Chair King: Okay, so do I have a motion -- Commissioner Reyes: Yes. Chair King: -- to pass RE.15? Commissioner Reyes: That's right, I moved to pass -- Commissioner Pardo: I'll second. Chair King: I got a motion and a second -- I had a motion and a second. All in favor? The Commission (Collectively): Aye. City of Miami Page 125 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Todd B. Hannon (City Clerk): So, then that's as is. Chair King: As is. Mr. Hannon: RE.15 as is. Commissioner Reyes: Okay. Chair King: As is. Commissioner Reyes: Now -- Chair King: As is. Commissioner Reyes: -- I would like to move into 13 and 14. Chair King: So, we talked about taking up 13 and 14 with Discussion Item 7, because I believe Discussion Item 7 will accomplish what 13 and 14 is trying to -- Commissioner Reyes: No, no. Commissioner Pardo: Madam Chair. Commissioner Reyes: No, ma'am. Chair King: No? Commissioner Pardo: I think -- I think the discussion item is a long term -- longer term item -- Commissioner Reyes: That's right. Commissioner Pardo: -- and I think Commissioner Reyes is trying to get this on the ballot for 2024, so -- Commissioner Reyes: Absolutely: Commissioner Pardo: -- this would need to go now. Commissioner Reyes: It has to go now. Victoria Mendez (City Attorney): Okay, so -- just quickly, Madam Chair, I'm sorry. On RE.15, and we're having a little slight disagreement on this. For RE.15, I think it's going to have to be as amended, because -- Chair King: As amended. Ms. Mendez: -- because -- Chair King: Because we took the CRAs (Community Redevelopment Agencies) out and we will take the CRAs -- Ms. Mendez: Right. Chair King: -- up -- Commissioner Reyes: That's right, as amended. City of Miami Page 126 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: Okay, as amended. Commissioner Reyes: CRAs are out. Chair King: So, I need to do it again? Ms. Mendez: Wait -- Mr. Hannon: Reconsider. Ms. Mendez: Right. Mr. Hannon: Motion to reconsider. Ms. Mendez: But just, quickly, it would have to be amending the CRAs and amending the timelines, because basically, there 's timelines in there that we're not going to be able to meet, so what the Manager is proposing is to bring it back with the appropriate timeline. So, we 're going to have to edit the legislation to reflect that, the bringing back with the new timelines and all that. Mr. Noriega: And what I'm saying, for clarity on my end, because I -- I know what my intent was -- Chair King: What you just said was that all this did was that you were going to come back in two weeks, which is why I didn't go through all of the -- Mr. Noriega: Agreed, and the intent was when we come back in two weeks, we'll update the timeline. Commissioner Reyes: That's right. Chair King: And -- Mr. Noriega: We'll do it then. Chair King: -- in two weeks, it will not include the CRAs. Mr. Noriega: Correct. Commissioner Reyes: That's right. Chair King: Okay, so that's all we voted on. Commissioner Reyes: That's right, that's all we voted on. Chair King: Okay, so -- Ms. Mendez: That's not how it's drafted -- Commissioner Gabela: So, what are we doing? Ms. Mendez: -- so that's why -- Chair King: No. So -- but all we're doing is bringing it back in two weeks. Mr. Hannon: As is. City of Miami Page 127 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 RE.16 15308 Commissioners and Mayor Chair King: As is. And then, I guess, in two weeks we have to exclude the CRAs. Commissioner Reyes: Yes. Chair King: Okay. So, we don't have to bother with that. Commissioner Reyes: Okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE JURISDICTIONAL BOUNDARIES OF THE CITY COMMISSION DISTRICTS ADOPTED PURSUANT TO RESOLUTION NO. R-23-0271; OFFICIALLY DELINEATING THE BOUNDARIES OF EACH DISTRICT AS SET FORTH IN "COMPOSITE EXHIBIT 1," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0001 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Pardo, Reyes NAYS: Carollo ABSTAIN: Gabela Note for the Record: For additional minutes referencing Item RE.16, please see "Public Comments for All Item(s)." Commissioner Reyes: But Madam City Attorney -- I mean, Madam Chair, I'm sorry. Madam Chair, I would like to bring out of order Resolution RE.16. To -- what that resolution is going to do, it is going to bring the boundaries of Dl (District 1), as those boundaries have traditionally been before for many years, those have been the boundaries of District 1. I'll move it. Do I get a second? Commissioner Pardo: I'll second it. Vice Chair Carollo: Can --? Chair King: Open for discussion. Vice Chair Carollo: Yeah, just I'll make it quick. I don't think we need to get into a drag -down discussion of this. We could all respect each other's opinion. Commissioner Reyes: Sure. Vice Chair Carollo: Commissioner, let me be clear why I cannot vote for this. We're not following the law still, and we're not doing it in an orderly process. There can be a way of doing it, but it has to be in an orderly process that includes everything. Not, I don't believe you're going to cure this at all by putting 12 more houses, besides the 4 that were put before, and make it 16. City of Miami Page 128 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Reyes: Sir, we are not doing this for any specific person. We were doing it to correct the boundaries as they were before. Vice Chair Carollo: I understand what you're saying -- Commissioner Reyes: You see. Vice Chair Carollo: But regardless, what can't be changed is the previous records. And let me just read what the Mayor only read a small part. And this became law July 1st, 2023. The new State Statute 166.0321, to the ones that pushed it, knew it as the Joe Carollo statute, but they didn't know that it was going to come back and boomerang and hit one of their own and then further protect Joe Carollo instead of hurting him. And it's very simple. And I'll read it all so thatl'm not accused thatl'm hiding parts or only reading parts if I can. It says, each municipality shall from time to time fix the boundaries of its districts so as to keep them as nearly equal in proportion to their respective population as practical, provided that such changes may not be made in the 270 days before a regular general election for the governing body of the municipality. This is what the Supreme Court ruled and the Appellate Court ruled in the City's favor for these last elections. Then it says, districts may not be drawn with the intent to favor or disfavor a candidate for member of the governing body or an incumbent member of the governing body based on the candidate's or incumbents' residential address. Any ordinance enacted or adopted by a municipality on or after July 1, 2023, which is in conflict with this section, is void. Look, we can fry to put lipstick on a pig and claim it's not a pig, but like the old saying goes, it, you know, it is what it is. Commissioner Reyes: Okay. Vice Chair Carollo: And I'm just putting this on the record -- Commissioner Reyes: Sure. Vice Chair Carollo: -- why I'm voting against this. I don't think that this statute could be read in any other way, and the limited action that's being made is not going to cure this. And that's all have to say. Commissioner Reyes: Okay. Chair King: Commissioner Pardo? Commissioner Pardo: I just wanted to add here for a second, let's not forget that originally when Commissioner Diaz de la Portilla voted, he was in the same situation as Commissioner Gabela, and no ethics opinion was ever sought. Commissioner Reyes: That's right. Commissioner Pardo: This legislation, due to a timing difference is inconvenient in this moment. So, I suggest we leave the past to the past and we move forward and correct the situation for Commissioner Gabela. Commissioner Reyes: It's not for Commissioner Gabela, it's to bring back the -- we are not benefiting anybody. We are just -- Commissioner Pardo: No, no, that's correct. It is not benefiting Commissioner Gabela, but it indirectly solves -- City of Miami Page 129 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Reyes: It is bring back -- bring back the boundaries as it is. Can we call the roll? Chair King: I'm sorry, Manolo, did you say something? I didn't hear the last thing you said. Vice Chair Carollo: Call the roll. Chair King: Call -- Commissioner Reyes: Yeah, yeah. Todd B. Hannon (City Clerk): Chair, briefly, RE.16 is to be amended, give me one second, to remove the word amalgamated located on page 2 of the resolution. Vice Chair Carollo: What was that? Mr. Hannon: So, RE.16 is to be amended to remove the word amalgamated that is located on Page 2 of the resolution. Commissioner Reyes: Yes. Mr. Hannon: Does the mover and seconder accept that amendment? Commissioner Reyes: Yes. Chair King: Do you accept the amendment? Now, I have a question. We have a trial with respect to redistricting starting January 29th. How does this action affect the trial? Victoria Mendez (City Attorney): Madam Chair, obviously, changing the district before trial is going to be problematic. We would have to submit new maps and deal with that. Obviously, it'll probably affect our posture in the frial as well. And it is -- still suffers from the same infirmities as the 1660321. We do have a request to the Attorney General, which maybe we need to modem now because it was more related to the actual mayoral veto, but this is a new law and it is to be interpreted as such. So, those are the issues with passing this now. This should probably be deferred in order to see the outcome of the litigation and address it that way to see if we get clarification from the Attorney General's office on this law and its application in this instance. Chair King: But what we are doing now is, Commissioner Reyes, we 're reinstating the natural boundaries. Commissioner Reyes: The natural boundaries, that's what we're doing. The natural - Chair King: Reinstating the natural boundaries. Commissioner Reyes: Reinstating -- that have been like that for -- since the beginning. Vice Chair Carollo: But what is the natural boundaries? The way that it was now was to the river. So, many would say the natural boundaries is to the river, not on the other side of the expressway. But that could be interpreted by, you know, different people in derent ways. City of Miami Page 130 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Reyes: You can interpret it any way you want. Vice Chair Carollo: Yeah, yeah. Chair King: All in favor? Commissioner Reyes: Aye. Commissioner Pardo: Aye. Chair King: Aye. Vice Chair Carollo: No. Chair King: Motion carries. Mr. Hannon: As amended? Chair King: As amended. At this time, would my colleagues like to take a recess -- Commissioner Reyes: Yes. Chair King: -- for lunch and prior to the lunch recess, there's the Virginia Key Beach Park Trust Advisory. Vice Chair Carollo: Can we bring that back, please? Maybe that'll be the first item that we deal with. Chair King: Okay, so we can -- Vice Chair Carollo: I really -- I really do have to go. Chair King: Let me check. Is it a --? It's not a long agenda and we are approving the annual report, so it'll take two minutes. As fast as Todd can flip the -- Commissioner Reyes: Let's do it. Let's do it (INAUDIBLE). Chair King: Yes, and we have the board members here as well. City of Miami Page 131 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 RE.17 15321 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE JURISDICTIONAL BOUNDARIES OF THE CITY COMMISSION DISTRICTS ADOPTED PURSUANT TO RESOLUTION NO. R-23-0271; OFFICIALLY DELINEATING THE BOUNDARIES OF EACH DISTRICT AS SET FORTH IN "COMPOSITE EXHIBIT 1," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item RE.17, please see "Order of the Day" and "Public Comments for All Item(s)." City of Miami Page 132 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 RE.18 15322 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION FINDING THAT IT IS IN THE BEST INTEREST OF THE CITY OF MIAMI AND ITS RESIDENTS FOR THE MAYOR TO BE PHYSICALLY PRESENT WHEN THE CITY COMMISSION CONSIDERS ANY RESOLUTION, ORDINANCE, OR OTHER ITEM PLACED OR SPONSORED BY THE MAYOR ON A CITY COMMISSION AGENDA (COLLECTIVELY, "AGENDA ITEM"), DEFINING "PHYSICAL PRESENCE," AND INAPPLICABILITY TO CO- SPONSORED AGENDA ITEMS; THE CITY COMMISSION MAY DEFER TO AN ITEM PLACED OR SPONSORED BY THE MAYOR ON A REGULAR CITY COMMISSION AGENDA UNTIL THE NEXT REGULAR CITY COMMISSION MEETING IF THE MAYOR IS NOT PHYSICALLY PRESENT WHEN THE ITEM IS CONSIDERED BY THE CITY COMMISSION; THE CITY COMMISSION MAY WAIVE THE REQUIREMENTS OF THIS RESOLUTION BY AN AFFIRMATIVE VOTE OF THREE (3) MEMBERS OF THE CITY COMMISSION; THIS RESOLUTION SHALL NOT APPLY TO THE ADOPTION OF AN EMERGENCY ORDINANCE IN ACCORDANCE WITH SECTION 166.041(3)(B) OF THE FLORIDA STATUTES OR ANY OTHER AGENDA ITEM DEEMED TO BE IN THE BEST INTEREST OF AND TO PROTECT THE HEALTH, WELFARE, OR SAFETY OF THE PUBLIC. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item RE.18, please see "Public Comments for All Item(s)." City of Miami Page 133 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 RE.19 15329 Commissioners and Mayor RE.20 15330 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/STHS) AFFIRMATIVE VOTE, TERMINATING FOR CONVENIENCE AND WITHOUT CAUSE THE REVOCABLE LICENSE AGREEMENT ("RLA") WITH PERPETUAL LOVE L TRUST, LLC. ("LICENSEE"), DATED NOVEMBER 10, 2022, FOR THE DEVELOPMENT OF A RECREATIONAL FACILITY TO BE CONSTRUCTED ON CITY OWNED PROPERTY LOCATED AT BISCAYNE PARK (150 NORTHEAST 19TH STREET) AND THE RELATED CONCESSION LICENSE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: Item RE.19 was continued to the February 8, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item RE.19, please see "Public Comments for All Item(s)" and "Order of the Day." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER, THE CITY ATTORNEY, AND THE CITY CLERK TO PROPOSE AN AMENDMENT TO CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, TITLED "ELECTIONS," PROVIDING FOR ADDITIONAL FINANCIAL DISCLOSURES FROM CANDIDATES TO ELECTED OFFICE IN THE CITY OF MIAMI; FURTHER DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO RETURN TO THE CITY COMMISSION AT ITS FEBRUARY 8, 2024, MEETING WITH PROPOSED AMENDMENT. ENACTMENT NUMBER: R-24-0023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes NAYS: Gabela, Pardo Todd B. Hannon (City Clerk): Chair, just for the record, Commissioner Reyes would like to be a co-sponsor for RE.20. Chair King: Okay. Commissioner Reyes: Yes. Chair King: So, can someone explain to me exactly what this -- City of Miami Page 134 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 Vice Chair Carollo: Yes. Chair King: -- proposed amendment is? Vice Chair Carollo: Yes, Madam Chair. It's a very simple amendment to our charter, where any candidate running for office that is giving any of his personal funds to his campaign, that he would have to show that he had that money in a personal bank account from four months back. Commissioner Gabela: I'm all for that. Vice Chair Carollo: And this will prevent -- Commissioner Reyes: Yes. Vice Chair Carollo: -- anybody trying to circumvent the system by finding derent ways of putting, into a candidate 's personal account, monies so it could be said that it came from the candidate and not from another individual or entity. Commissioner Reyes: But does not preclude, and I want to be clear. Does not preclude that you take a loan, on your house, like as many people have done. Vice Chair Carollo: Well then that will show that there is a loan. Commissioner Reyes: That -- that will show that that is a loan. Vice Chair Carollo: Yeah, that would show and -- Commissioner Gabela: Yeah, butt got a better idea. Why don't we do it to the PACs (Political Action Committees), too? Commissioner Reyes: Well, we cannot touch the PACs. That is federal. Commissioner Gabela: No, the PACs that run through the City. Why don't we do that? If we're going to be, you know -- Commissioner Reyes: We -- do we have PACs in the City? Vice Chair Carollo: But this -- this is -- but this is something that's different. Chair King: So, what's the -- Vice Chair Carollo: PACs, they could give whatever they want. Commissioner Reyes: That's a federal -- Vice Chair Carollo: So, it's -- Commissioner Gabela: Yeah, but they'd have to show where it came from. We're worried about where it came from. But you once made an accusation of me that when I lent my money, I -- and, by the way, I can prove where my money came from, Mr. Carollo, but -- but you made that accusation. Vice Chair Carollo: Mr. Gabela, I'm not saying any -- anything about your money. City of Miami Page 135 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Gabela: But let's just do it for the PACs, and it's going to be better that way, because that way, the guy that gets to the PAC, okay, we can see where that money came from. So, you know, I'd be willing if you don't want to do it for the PAC, I'm all for it. If you only wanted to do it for this, I want to know. Vice Chair Carollo: I don't see how you -- Commissioner Reyes: The PACs doesn't have loans. Vice Chair Carollo: Yeah, exactly. The PACs are -- you can give whatever amount of money you want for the PAC. That's what PACs are from. Commissioner Gabela: Right, but you can see where it's coming from. Vice Chair Carollo: Well, you do. You put down who gave it. Commissioner Reyes: But this is -- this is not retroactive. Vice Chair Carollo: No. It's not retroactive. Commissioner Pardo: Madam Chair? Vice Chair Carollo: You cannot have anything like this retroactive. This is going forward. Commissioner Reyes: No, no, what I'm -- what I'm frying to explain some -- it is not retroactive. It's not (UNINTELLIGIBLE) anything. You see, you have to disclose even -- Commissioner Gabela: No, no, make it retroactive. I have nothing to hide. Commissioner Reyes: -- even -- you have to disclose even when you place a bond, you see, that was a state law that -- you place -- well, federal. You place a bond, you are arrested, and you -- that you are bonded out, you have to prove where the money come from, you see, because of (UNINTELLIGIBLE). Chair King: Commissioner Pardo? Commissioner Pardo: Yeah, I'm just really frying to understand this because from my perspective, there 's the thousand dollar limit. If you go above a thousand, it goes to a PAC, correct? Vice Chair Carollo: No, no, no. Commissioner Pardo: Well, let me just finish. Vice Chair Carollo: Okay. Commissioner Pardo: To give a large amount of money to a person makes absolutely no sense. Number one, the person can take your money and not use it for the campaign. Number two, it could count as taxable income to that person if given by a company. Number three, it could change the gift tax implications for the person giving that money. So, I don't really understand. Is there -- is there a precedent? Have we found this to be a problem? Because I agree with Commissioner Gabela in that the PACs, where you don't really know to the same degree and monies are used, present more of a problem. City of Miami Page 136 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Vice Chair Carollo: The PACs -- Commissioner Pardo: And I'm all for, you know, full disclosure, absolutely. Vice Chair Carollo: The -- Commissioner Gabela: Ms. City Attorney -- I'm sorry, Ms. City Attorney. Is this legal here? What we 're -- Victoria Mendez (City Attorney): Yes, it's legal. It's just added paperwork. You're just filing a paperwork with Todd, our City Clerk, and advising where the money came from. Chair King: With respect to loans? Ms. Mendez: Yes. Commissioner Pardo: But it also requires an aging offour months prior to the loan, which means that if you got a bonus, if you got a at from a family member, if for whatever reason you received a lump sum -- Vice Chair Carollo: Then you will disclose that. Commissioner Reyes: You will disclose it -- Vice Chair Carollo: It will be disclosed. Commissioner Reyes: -- and say I got (UNINTELLIGIBLE). Commissioner Pardo: But the aging requirement just requires disclosure. Commissioner Reyes The only thing that requires is disclosure where the money comes from. Vice Chair Carollo: Yeah. Commissioner Reyes: That's it. Commissioner Gabela: I'll tell you -- Vice Chair Carollo: Four months back, where the money came from. Commissioner Gabela: But (UNINTELLIGIBLE) -- was this rule in place when you ran? Vice Chair Carollo: Excuse me? Commissioner Gabela: Was this rule in place when you ran? Chair King: Of course -- of -- Vice Chair Carollo: I don 't think I've ever given myself money. Commissioner Gabela: How come you want to make it now? Chair King: Of course, it was -- City of Miami Page 137 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Vice Chair Carollo: I don 't think -- I don 't think given myself -- Commissioner Gabela: Oh, I've given myself money, I'll tell you that. But I can prove where my money comes from. Vice Chair Carollo: I don't know what you've given yourself or not, Mr. Gabela -- Commissioner Gabela: Yeah. Chair King: So -- Vice Chair Carollo: -- and this doesn't apply to your elections. Commissioner Gabela: I don't think so. Chair King: Okay. Vice Chair Carollo: It doesn 't apply to any past elections, it applies -- Chair King: Moving forward. Vice Chair Carollo: -- if it's approved, to future elections. Commissioner Gabela: (FOREIGN LANGUAGE). Of course it doesn't apply to any past elections. Chair King: Okay. Commissioner Reyes: The federal government -- the federal candidates, they have a separate (UNINTELLIGIBLE). Chair King: So, so, so, so, we have RE. 20 before us. I would think all of us would be excited about this because politicians and corruption. Do I have a motion? Vice Chair Carollo: Motion. Chair King: Do I have a second? Commissioner Reyes: Move it. Chair King: All in favor? Commissioner Aye. Commissioner Gabela: No. Vice Chair Carollo: Aye. Commissioner Pardo: I'll vote against. I don't understand it unless we defer it. Chair King: I don 't understand a lot of stuff that happens up here. Vice Chair Carollo: Well -- Chair King: Aye. Motion carries, 3-2. We are on -- Vice Chair Carollo: People wanted transparency, I'm frying to help. City of Miami Page 138 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: We are on -- Commissioner Gabela: That was RE.20, right? Chair King: That was RE. 20. Vice Chair Carollo: RE.20. Commissioner Gabela: RE.20. END OF RESOLUTIONS City of Miami Page 139 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 14828 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of Fire- CHAPTER 40/ARTICLE I, SECTION 40-1 OF THE CODE OF THE Rescue CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PERSONNEL/IN GENERAL/REGISTRATION AND FINGERPRINTING — GENERALLY," BY CREATING NEW SUBSECTION 40-1(E) PROVIDING AUTHORIZATION FOR STATE AND NATIONAL CRIMINAL HISTORY RECORD CHECKS TO BE CONDUCTED BY THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT AND THE FEDERAL BUREAU OF INVESTIGATIONS FOR ALL PERSONS APPLYING FOR, OR CONTINUING EMPLOYMENT OR APPOINTMENT IN THE CITY OF MIAMI FOR THE POSITION OF FIREFIGHTER PURSUANT TO SECTION 166.0442, FLORIDA STATUTES; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14248 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Okay, do we want to take the second reading items up now? Vice Chair Carollo: Which ones? Chair King: Does anyone have -- we only have two second reading items. Does any of my colleagues want to pull any of the second reading items? Anybody? Vice Chair Carollo: Second reading, okay. SR.1 -- Chair King: SR.1 or SR.2. Vice Chair Carollo: -- 2. I don 't believe so, but -- Chair King: Commissioner? Commissioner Gabela: I'd just like discussion on SR.1, that's all. Chair King: You'd like to have some discussion on -- Commissioner Gabela: Just a little bit -- Chair King: That's fine. Commissioner Gabela: --just to know what's -- Chair King: That's fine. City of Miami Page 140 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Gabela: -- what 's -- Vice Chair Carollo: SR.2, Mr. Pardo might want to put his name there or not, I don't know, because it 's got your predecessor 's name. Commissioner Pardo: That's fine. Chair King: Okay, so anyone here from staff that can answer Commissioner Gabela's questions? Commissioner Gabela: By the way, was this the one with the firemen -- having to do with the firemen? Never mind. Victoria Mendez (City Attorney): It's just -- Commissioner Gabela: Is it the same one? Okay, never mind. I got it. Chair King: Got it? Okay. Commissioner Gabela: I remember the explanation, okay. Ms. Mendez: And then for SR.2, this item had to do with the ghost kitchens. Chair King: Right. Ms. Mendez: But did -- Commissioner Pardo: Yeah, Reef. Ms. Mendez: -- we want to go forward? Commissioner Pardo: Yes, we do. Ms. Mendez: Okay. Commissioner Pardo: We do want to go forward. Chair King: So, for -- is -- is there any staff here to discuss SR.2? Commissioner Reyes: Madam Chair? Chair King: Commissioner Reyes? Commissioner Reyes: I -- this is the pilot kitchens? Chair King: Yes, and it's to -- Commissioner Reyes: You know how I always been -- Chair King: Yes. Commissioner Reyes: -- against it because I considered it to be unfair competition. It goes totally against the brick and mortar, and other restaurants, because you can have a restaurant from wherever it is, Timbuktu, that provide the recipe, you see, and they can duplicate it and be competing with the restaurants that are established in the area. So, I always voted no. I just wanted to tell you that I'm voting no -- City of Miami Page 141 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: Okay, so what I'd like to do is take one at a time. Commissioner Reyes: Sure. Chair King: Because we 're not going to have unanimous on the second one. So, all in favor of SR.1? Do I have a motion? Commissioner Pardo: Motion. Commissioner Gabela: Second. Ms. Mendez: An ordinance of -- Chair King: Oh, I'm sorry. I'm sorry. Madam City Attorney, would you please read both of the titles into the record? Ms. Mendez: Thank you, Madam Chair. The Ordinance was read by title into the public record by the City Attorney. Chair King: Did you read SR.2? Ms. Mendez: SR.2. The Ordinance was read by title into the public record by the City Attorney. Commissioner Gabela: So, there was a motion and I second it. Chair King: For SR.1, but did she finish SR.2? Did she read both titles? Arthur Noriega (City Manager): She just read SR.2. [Later...] Chair King: Okay, so I have a motion and a second for SR.1. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. SR.2 ORDINANCE Second Reading 13645 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Manager's CHAPTER 31/ARTICLE II/SECTION 31-51 OF THE CODE OF THE Cityfi C 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 A PERMANENT FOOD TRUCK ORDINANCE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14249 City of Miami Page 142 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo NAYS: Carollo, Reyes Note for the Record: For additional minutes referencing Item SR.2, please see Item SR.1. Chair King: With SR.2, are there any of these --? Commissioner Gabela: No, she read SR.2, didn't she? Chair King: No, no, no, I have a question on it. Commissioner Gabela: Oh, sorry. Chair King: Have -- are any of these Reef Kitchens in District 5? I understand that -- Arthur Noriega (City Manager): We're trying to get confirmation on how many there are actually in existence today. There may be only one or two. You know, this was initiated really kind of as a program -related sort of need. I'm not sure how much demand there is for now, but before we -- so you can intelligently vote on this, I want to make sure we have an answer here. Chair King: Commissioner Pardo? Commissioner Pardo: Yes, I think I can add some color. I went and I toured the facilities, and really this is a complementary to the traditional brick and mortar. The folks that go to this, you're talking about a heavily urban area, younger folks, that are in vertical communities that are just dropping by to pick up food, like from a Sergio's, an extension of a Sergio, or an extension of these other restaurants, which are literally operating in almost the size of a, you know, a standard trailer truck type of thing. And they 've done extremely well. This was originally a pilot program. And now we're moving it from pilot to permanent so that we can actually grow it where it makes sense. So, it kind of filled the niche originally during COVID, but that niche has panned out. And our staff went, we toured the properties, we were very excited to see what they were doing, and we think they have a really good idea. Commissioner Reyes: Well, I respectfully defer from you. I believe that it is unfair competition because it is -- it's a food truck, that's what it is. A food truck that is cooking -- they are cooking same products that one of those brick and mortar restaurants are cooking, but from a different -- let's say that it is Italian, any Italian restaurant will come and provide them with a recipe and they can offer the same product that a brick and mortar restaurant is -- is offering from a food truck. That is -- that is my objection and that's why I've always been against it. Commissioner Pardo: But the actual brick and mortars are supporting this. Because they -- Commissioner Reyes: Some are, some are not. Commissioner Pardo: Well, at least the ones that are in this program. And just another brief point, a point of clarification, it's really not a truck. It can't move anywhere, they 're -- City of Miami Page 143 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Reyes: I know, but -- Commissioner Pardo: Okay. They're permanently -- Commissioner Reyes: Basically -- basically, it's a stationary food truck, you see. Basically, that 's what it is. And -- Chair King: So -- Commissioner Reyes: -- and I'm sorry, but I am very consistent. This has been my objection all along, before even you thought about running, you and your predecessor. Commissioner Pardo: Totally respect it. Commissioner Reyes: Okay, and I keep on -- I'm going to keep my vote, which is going to be negative. Chair King: So, for clarification, staff the -- the Reef Kitchens are actually an extension of a brick and mortar -- Commissioner Gabela: Right. Chair King: -- operation. For example, Cheesecake Factory. So, if we order online, Cheesecake Factory, and it's Cheesecake Factory in Aventura and I'm here in Upper Eastside, Reef Kitchen could satisfy that order and it would come to me faster. Mr. Noriega: So, the intent is that the ghost kitchen contracts with a brick and mortar restaurant in a limited menu, because obviously they don't have the capacity. Chair King: Right. Mr. Noriega: I mean, you used Cheesecake Factory, which has the biggest menu on the planet, right? So, it's very limited in terms of what they could actually deliver. But the idea was, you know, you being -- it would be impossible for you to have a delivery from Cheesecake Factory near me, right? Because it 's too far. But because they have a limited menu and option, you could order Cheesecake Factory, it would be delivered to you. Chair King: So, these are not like new establishments trying to sell food from this? Mr. Noriega: No, they are in (UNINTELLIGIBLE) -- Victoria Mendez (City Attorney): A Homestead operation could, which was a question that Commissioner Reyes had in the past, a Homestead ou f t can contract with the Reef Kitchen and -- and -- Commissioner Gabela: But they can't -- Ms. Mendez: -- and prepare stuff there. Commissioner Gabela: But they can't -- Commissioner Reyes: And compete with -- Commissioner Gabela: Oh, sorry. City of Miami Page 144 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Reyes: -- established brick and mortar that is in the area. That is -- Commissioner Gabela: No, they can't retail. That's the thing, they can't retail. They can -- Chair King: They're only taking orders. Commissioner Gabela: My understanding was that they can 't retail from there. In other words, I can't go there and -- and say I want, you know, a Cheesecake Factory, you know, whatever. Ms. Mendez: No, no, they 're mobile app based -- Commissioner Gabela: They're a mobile app, but I -- Ms. Mendez: -- but ifike a Homestead mom and pop restaurant can contract with them and sell -- Chair King: But it has to be an existing -- Ms. Mendez: -- out of there. Chair King: -- restaurant. Commissioner Pardo: That's not who 's in there. They don't have mom and pop restaurants from Homestead. These are only in D2 (District 2), there're none in D5 (District 5) or anywhere else in this pilot program. So, I mean I think -- Chair King: But the program can -- can expand, and what I'm -- Commissioner Pardo: Of course. Chair King: -- trying to get out is that it is existing restaurants that can contract with -- and they're selling from the existing menu, it's not a -- it's not a restaurant that's not in existence right now that can just come up and say I want to have this Reef 'Ghost,' Kitchen, whatever we 're calling it. Commissioner Gabela: I can't go -- Chair King: Okay. Commissioner Gabela: -- and order from that kitchen. Chair King: No. Commissioner Gabela: That's the point. I cannot walk up -- Chair King: You have to go the mobile app. Commissioner Gabela: -- to that kitchen and say, "Give me a Number 1." Okay, I can 't do that. Mr. Noriega: No, no -- Commissioner Gabela: Yes, on the app. City of Miami Page 145 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Mr. Noriega: Yeah, you order from it, but yeah, I know -- you don 't walk up -- Commissioner Gabela: No, on the app you can order -- Mr. Noriega: -- there 's no walk up service. Commissioner Gabela: -- butl can 't walk up -- Chair King: Right. Commissioner Gabela: -- to it. Mr. Noriega: There 's no walk up service. Commissioner Gabela: That's my point, okay. Chair King: Okay. Commissioner Reyes: But you can order the same type offood -- Commissioner Gabela: Oh yeah, you can order from the app. Commissioner Reyes: -- the same kind offood that someone is producing -- Commissioner Pardo: More limited. Commissioner Reyes: -- at a restaurant, you see. I mean, you can -- and that's what the competition comes from, you see. Chair King: Okay. Commissioner Reyes: You can order the same Italian or whatever, Mexican, Cuban, whatever it is, Japanese, they can -- a Japanese restaurant that is in Hollywood can contract with that kitchen and sell that -- their recipe, or their food, and could compete with another Japanese restaurant that is there, and that is -- that is my objection. Chair King: Do I have a motion? Commissioner Gabela: Motion. Commissioner Pardo: I'll second. Chair King: All in favor? Commissioner Gabela: Aye. Commissioner Pardo: Aye. Chair King: Aye. Commissioner Reyes: No. Vice Chair Carollo: No. Chair King: Okay. City of Miami Page 146 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Todd B. Hannon: Sorry, so for the record, is that 3-2? Chair King: 3-2. Mr. Hannon: 3-2. END OF SECOND READING ORDINANCES City of Miami Page 147 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 FR - FIRST READING ORDINANCE FR.1 ORDINANCE First Reading 14903 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ALCOHOLIC BEVERAGES," AND CHAPTER 36 OF THE CITY CODE, TITLED "NOISE," TO PROVIDE FOR CITY COMMISSION AUTHORITY TO WAIVE CERTAIN RESTRICTIONS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Do we have -- Mr. City -- oh, first reading items. Madam City Attorney, could you please read in for the record FR.1? Victoria Mendez (City Attorney): Yes, Madam Chair. The Ordinance was read by title into the public record by the City Attorney. Chair King: Do I have a motion for discussion? Commissioner Pardo: I have a motion for discussion. Commissioner Reyes: Yes. Chari King: Do I have a second? Commissioner Gabela: Second. Chair King: And would you -- Commissioner Reyes: I would like a little more clarification on this. Chair King: You'd like -- Commissioner Reyes: I would like to clam this -- Chair King: Okay. Commissioner Reyes: -- somebody to come and clam it and see how this could affect my district and the rest of the districts to that effect. Chair King: So, this item -- do we have anybody from staff here? Where is staff? Commissioner Reyes: This is about noise. Chair King: It's -- it's actually about giving the Commission the authority to have exceptions. City of Miami Page 148 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Reyes: Exceptions. Ms. Mendez: So, this used to -- I'll help until someone comes out -- Chair King: Where is staff? Arthur Noriega (City Manager): Robert will be down. Robert Santos-Alborna (Director, Code Compliance): Good afternoon, Commissioner, Madam Chairwoman. Chair King: Good afternoon. Mr. Santos-Alborna: FR.1. Chair King: Sorry, I might need a Snickers. Mr. Santos-Alborna: Apologies because I -- Chair King: No, sorry, sorry, that's me. Mr. Santos-Alborna: Okay. Chair King: I might need a Snickers. It was me. Mr. Santos-Alborna: So, I apologize, what -- what -- is there a question? Chair King: Just some information on this item, if you can give us information on the item. Mr. Santos-Alborna: Alright. Apologies, since I am clearly not as prepared as I was on the other items. Mr. Noriega: Well, the reason that you 're not as prepared -- it came from the District 5 Office. So, is there a question you have that you wanted to -- Chair King: No, I want for my colleagues to get the information -- Commissioner Gabela: Commissioner Reyes -- Commissioner Pardo: I have questions. Commissioner Gabela: Commissioner Reyes had questions. Chair King: -- all -- and maybe some more of my colleagues might have some, you know, have some questions. I don't want to do it. Mr. Noriega: I got it. Can you get somebody from Law? Because we didn't draft this. Ms. Mendez: So, basically, in the Code, before it was previously amended, it allowed for noise waivers and alcohol extensions to come before the Commission on special occasions. So, these would normally pop up during our season, right, which is the Art Basel and the ULTRA -- ULTRA and the Winter music festivals and all that, where venues wanted to have extended hours for alcohol sales and noise waivers for the noise ordinance. This used to be in our Code. We removed it and now we're putting back the flexibility. City of Miami Page 149 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: But it has to come before the Commission. The Commission has to approve it, Commissioner Reyes. Ms. Mendez: Yes. Chair King: Commissioner Pardo? Commissioner Pardo: But I believe that's only after midnight, right? Ms. Mendez: It 's for extended -- right, for extended hours. Chair King: Yes. Yes. Ms. Mendez: For alcohol sales and -- Commissioner Reyes: Could you define extended hours? Is it going to be until 4 o'clock in the morning, 2 o'clock, 3 o'clock? Mr. Noriega: That would be part of the request. Chair King: Right, it would be up to whoever's requesting it. Mr. Noriega: (UNINTELLIGIBLE) ordinance, it has to come back to the Commission to make as specific request for a time, whatever that extension of time is, so -- Commissioner Reyes: I mean, I know that there are areas that they are more prone to have parties and all of that, and I'm concerned about the neighbors. How is that going to affect the neighborhood? Chair King: It is -- Commissioner Reyes: Or this is only -- Chair King: It gives you -- Commissioner Reyes: -- only for areas that they are entertainment? Mr. Noriega: No. No. Chair King: No, it gives the Commission the authority to make an exception for a particular event. Ms. Mendez: So, you could take that into account. Commissioner Gabela: It 's case by case. Chair King: It's a case by case -- right. Commissioner Gabela: Case by case basis, not the whole thing. Chair King: If -- if an event is requesting to go beyond what is allowable, it has to come before us. Commissioner Reyes: Has to come before us. City of Miami Page 150 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: Yes, that is what this is doing. Commissioner Reyes: Okay. Mr. Noriega: Currently -- Commissioner Gabela: So, I motion -- I motion to -- Mr. Noriega: Yeah, currently that option doesn't even exist. Chair King: The option doesn't exist. Mr. Noriega: Yeah. Chair King: So, it gives us the option, but it would require the support of the Commission. Commissioner Reyes: Yes, I do understand now. Commissioner Pardo: I'm asking because obviously in District 2, and with the water and amplification of sound, there's a lot of issues with noise and I was wondering if there is a mechanism where the City Manager can approve on his own these waivers under this? Chair King: No. Commissioner Reyes: No. Chair King: No. Ms. Mendez: Not this -- Commissioner Pardo: Everything comes -- perfect. Commissioner Reyes: Before us. Chair King: Before us. Everything would come before us. Commissioner Gabela: So, I motion -- Vice Chair Carollo: My question is, this can't be open-ended, that this could be approved for a whole year at a time? Chair King: No. Vice Chair Carollo: Two years? Chair King: No. Vice Chair Carollo: How many times a year and for how long? Commissioner Reyes: That's a good question. Chair King: Well, I didn't contemplate -- my position is that it 's on a case -by -case for an event. I don 't know that we have events that go, I guess Art Basel would be the one that's the longest event that the city has. City of Miami Page 151 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Vice Chair Carollo: How long is that for, a week? Ms. Mendez: Right, so -- Chair King: Art Basel is a week -- Vice Chair Carollo: Okay. Chair King: -- but on typically case -by -case basis, you might an event that's a day, two days. Vice Chair Carollo: Well -- Commissioner Reyes: Yeah, but -- but Commissioner Carollo asked a good question. Also, it could be personal, an institution, and said okay, come before the Commission and said I'm going to have -- I want to extend the hours until 1 o'clock, 2 o'clock, and then two commissions later, they come and ask for the same thing, and they keep on asking, asking, asking. Chair King: Then the Commission would say no. Commissioner Reyes: That's -- that's what -- Chair King: You have the authority to say no, but at this time, you don't have the authority to do any such thing. Commissioner Reyes: No, we don't have authority -- Chair King: Right, you don't. So -- Vice Chair Carollo: Can -- can we -- Commissioner Gabela: Motion. Commissioner Pardo: Second. Vice Chair Carollo: -- limit this to no more than one week at a time? Chair King: Absolutely, an event that cannot go beyond a week -- Vice Chair Carollo: Can't be more than one week at a time and limit it to two, three times a year, max. Would that work with what you're trying to accomplish? Mr. Noriega: I think the -- Chair King: The -- Mr. Noriega: Alright, let me help a little bit, Madam Chair. Commissioner Carollo, I think the issue that needs to be, I think better understood here is that that question you have about limiting the number of times and the time period, you're going to get to do that every time one of these requests is made so the request is going to come to you and you 're going to go, yeah, I don 't -- I don 't really like the idea of giving you a week, I want to give you three days. And -- or they may come to you the second or third time, as Commissioner Reyes asked, and you're going to go, haven't you already done two events here in the last two months? You're -- City of Miami Page 152 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Vice Chair Carollo: Well, what I've learned is that you might not be around, some of us might not be around, maybe all of us might not be around in the future. And people -- Commissioner Reyes: (UNINTELLIGIBLE). Vice Chair Carollo: -- seem to forget, well I got Shangri-La waiting, so I'm sorry. I can 't join you here forever. But -- so I don't want to see a situation then it becomes a free for all. That's why if we -- Mr. Noriega: So -- Vice Chair Carollo: -- included in the ordinance, we're protecting this city much more and our residents. Mr. Noriega: So -- so -- Chair King: Maybe one entity cannot request this -- Mr. Noriega: No, what I would -- Commissioner Gabela: But we set the rules -- Mr. Noriega: No, no, but -- Commissioner Gabela: -- we have interpret -- we set the rules, right? Chair King: Yes. Mr. Noriega: No, no, what I would propose is for second -- pass it on first reading. For second reading, we'll come back with actual recommendations on what has to be presented to the Commission in terms of disclosure. So, in other words, when an item -- a request comes, we have to give a full accounting of how many events has this property done in the past year -- Vice Chair Carollo: Yeah, but why can't we include in here already the limits per years? Mr. Noriega: Because you may -- Chair King: Because it's first reading. Mr. Noriega: -- have an event that you don't want to be limited by. Vice Chair Carollo: Well, yeah, but we could decide that in this Commission, that we don't want to decide to do that event. What I'm frying to do is protect the residents of the areas that could be affected the most in this by already setting some ground rules. And that's why I asked her, what's the longest event? How many times a year? So we could be more liberal in what we approve, but still have some rules and guidelines that we have to abide by. We can make it less than that if we think we should. Chair King: So I like the idea of staff coming back, because this is first reading, so it's a comeback for second reading. Commissioner Reyes: Second reading, staff come back with -- City of Miami Page 153 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: So I like the idea to put some parameters on it -- Commissioner Reyes: -- with some parameters. Chair King: -- without us -- because I'd like to give that some thought, and I don't want to do it right now, and I'd like to be thoughtful about it. Commissioner Gabela: So, what you're saying is -- what Carollo is saying is that he wants to make it like it would be a temporary thing, always. Chair King: Well, no, not -- no. Commissioner Gabela: It would never be a permanent thing. Chair King: Right, right, so we won't -- Commissioner Gabela: I followed what -- Chair King: -- right, we won 't do anything -- Commissioner Gabela: I understand what you're saying. Chair King: -- it would be on a case -by -case basis, but I would like in between -- Commissioner Gabela: No, no, no, I know. Chair King: -- first reading and second reading, to come up with some -- think about what you said and come up with some -- some recommendations to bring back on second reading. So, I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Ms. Mendez: Madam Chair, could we please bring it back, the first meeting in February then? Because if not, we have to make all these changes by Monday. Chair King: Yes, first -- first -- Ms. Mendez: For January 25th. Chair King: Yes, first meeting in February is fine. Ms. Mendez: Thank you so much. Chair King: Okay. END OF FIRST READING ORDINANCES City of Miami Page 154 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 BC.1 8938 Office of the City Clerk BC.2 14754 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: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King 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: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 155 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 BC.3 6672 Office of the City Clerk BC.4 14454 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 Miguel Angel Gabela Commissioner Damian Pardo 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 Miguel Angel Gabela Commissioner Damian Pardo Commissioner Manolo Reyes RESULT: NO ACTION TAKEN City of Miami Page 156 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 BC.5 13122 Office of the City Clerk BC.6 15096 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 A CERTAIN INDIVIDUAL AS A MEMBER OF THE CLIMATE RESILIENCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Silvio Pupo Commissioner Miguel Angel Gabela ENACTMENT NUMBER: R-24-0024 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Mr. City Clerk, do we have any board appointments? Todd B. Hannon (City Clerk): Yes, thank you, Chair. BC.6, Climate Resilience Committee, Commissioner Gabela will be appointing Silvio Pupo to his seat on the CRC (Climate Resilience Committee), which is the economics category seat. Commissioner Reyes: Madam -- Chair King: Do I have -- Commissioner Gabela: Yes. Commissioner Reyes: Madam Chair, I want to nominate Commissioner Pardo for the Omni CRA (Community Redevelopment Agency). Chair King: Wait, we're not on that. Commissioner Reyes: We're not on that? We're not on the boards? City of Miami Page 157 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 BC.7 6958 Office of the City Clerk Chair King: No, we're on boards and committees. Commissioner Reyes: Oh, committees. I'm sorry. Chair King: Okay. So do I have to -- Commissioner Reyes: I surprised you man, I'm sorry. It was supposed to be a surprise. Commissioner Pardo: I'm grateful. Chair King: Do I have a motion for -- what did you say, BC. 6? Mr. Hannon: BC.6. Chair King: BC. 6. Commissioner Reyes: Okay. Chair King: Do I have a motion for BC. 6? Commissioner Gabela: Motion. Commissioner Pardo: Second. Chair King: All in favor? The Commission (Collectively): Aye. 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 Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 158 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 BC.8 14887 Office of the City Clerk BC.9 15122 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) (Alternate Member) NOMINATED BY: Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commission -At -Large Commission -At -Large Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMERCIAL SOLID WASTE MANAGEMENT ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commission -At -Large RESULT: NO ACTION TAKEN City of Miami Page 159 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 BC.10 14041 Office of the City Clerk BC.11 14760 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: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large 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: Verania "Betty" Hermida Commissioner Miguel Angel Gabela Miguel Soliman Commissioner Miguel Angel Gabela ENACTMENT NUMBER: R-24-0025 City of Miami Page 160 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Do we have any more board appointments? Todd B. Hannon (City Clerk): Yes. BC.11, Community Relations Board. Commissioner Gabela will be appointing Miguel Soliman and Verania `Betty" M. Hermida to his seats on the CRB (Community Relations Board). Chair King: Do I have a motion? Commissioner Gabela: Motion. Chair King: Second? Commissioner Pardo: Second. Commissioner Reyes: Second. Commissioner Pardo: Second. Chair King: All in favor? The Commission (Collectively): Aye. City of Miami Page 161 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 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 Miguel Angel Gabela Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Damian Pardo 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 162 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 BC.13 15097 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 Miguel Angel Gabela Commissioner Damian Pardo 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 HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 163 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 BC.15 14459 Office of the City Clerk BC.16 8269 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 Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commission -At -Large RESULT: NO ACTION TAKEN 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: Silvio Pupo Commissioner Miguel Angel Gabela Verania "Betty" Hermida Commission -At -Large ENACTMENT NUMBER: R-24-0026 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item BC.16, please see "Public Comments for All Item(s)." Todd B. Hannon (City Clerk): BC.16, Mayor's Council on Global Competitiveness. Commissioner Gabela will be appointing Silvio Pupo to his seat and will also be appointing Verania `Betty" Al Hermida to the at -large seat. Chair King: Do I have a motion? City of Miami Page 164 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 BC.17 8805 Office of the City Clerk Commissioner Gabela: Motion. Commissioner Pardo: Second. Chair King: All in favor? The Commission (Collectively): Ave. 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: LRESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Note for the Record: For minutes referencing Item BC.17, please see "Public Comments for All Item(s)." City of Miami Page 165 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 BC.18 9270 Office of the City Clerk BC.19 14043 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 Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item BG16, please see "Public Comments for All Item(s)." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE PLANNING, ZONING AND APPEALS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Andres Lopez ENACTMENT NUMBER: R-24-0027 NOMINATED BY: Commissioner Miguel Angel Gabela City of Miami Page 166 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Todd B. Hannon (City Clerk): BC.19, Planning, Zoning and Appeals Board. Commissioner Gabela will be reappointing Andres Lopez. Commissioner Gabela: Reappointing? Mr. Hannon: Oh, I'm sorry, appointing. Commissioner Gabela: Okay. Chair King: Do I have a motion? Commissioner Gabela: Motion. Commissioner Reyes: Second. Commissioner Pardo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Mr. Hannon: That concludes the boards and committees. Thank you, Chair. Chair King: Thank you, Mr. City Attorney [sic]. Commissioner Gabela: Oh, I'm sorry, may I? Chair King: No, go ahead. Commissioner Gabela: I think -- did -- I think you're missing one, Guillermo Revuelta, for the Planning and Zoning? No? You don't have him there? Okay then, I'll do it next time. I apologize, I thought he was on the list. Chair King: Okay. Commissioner Reyes: Good choice. Commissioner Gabela: Thank you. Commissioner Reyes: Great man. City of Miami Page 167 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 BC.20 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 168 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 BC.21 11273 Office of the City Clerk BC.22 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: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Miguel Angel Gabela Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King 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: RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES NOMINATED BY: Mayor Francis Suarez Commissioner Damian Pardo City of Miami Page 169 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 14831 A DISCUSSION ITEM REGARDING IMPROVEMENTS TO PARKS City Manager's IN DISTRICT 3. Office MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item DLI was deferred to the January 25, 2024, City Commission Meeting. Chair King: We have now covered all of our Planning and Zoning items. Thank you. And we are going to -- it's my colleagues ' discretion, would you like to go back to our RE (Resolution) items or do you want to go to the discussion items? Commissioner Reyes: Go to the RE -- Chair King: Discussion items. Commissioner Reyes: I will vote to the RE, you know that I need to (UNINTELLIGIBLE) so I want to finish the REs. Chair King: You want to finish the REs? Commissioner Reyes: That's right. Commissioner Gabela: The RE.12 was withdrawn, right? RE.12? Was that withdrawn? Chair King: Which -- what was it? Vice Chair Carollo: The -- the REs -- Commissioner Gabela: RE.12, authorize City Manager - RLA (Revocable License Agreement), I think that was withdrawn, right? Okay. Chair King: Okay, would you guys like to take up the -- the -- Commissioner Reyes: RE.8. Vice Chair Carollo: What was left in the REs? Commissioner Reyes: City Attorney. Vice Chair Carollo: Well, that might take a little longer, so Chair King: Right, so let's -- Vice Chair Carollo: -- why don't you jump to the DIs (Discussion Items) right quick? City of Miami Page 170 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: -- take the Commissioners as board members. Let's get that out of the way. Commissioner Gabela: Okay. Vice Chair Carollo: Yeah, let's get that out -- Chair King: Wait, wait, let's -- Vice Chair Carollo: Let's jump to that. Chair King: Yes, let's get that out of the way. The boards that are in play. Todd B. Hannon (City Clerk): Chair? Chair King: Yes? Mr. Hannon: The Assistant City Clerk is handing out a list of the boards. Chair King: I was going to pull it up. Vice Chair Carollo: Okay. Chair, if I may, I don't want to delay this meeting more. It's been a long day already. So, I would defer DI.1, DL2, and DL3 for the next meeting. Chair King: Do I have a motion? Commissioner Reyes: Sec -- motion. Chair King: I have a motion. Do I have a second? Commissioner Gabela: I'm sorry, DJ [sic], 2, and 3? 1 -- Chair King: 2 and 3 -- Vice Chair Carollo: Yeah. Chair King: -- to defer. Commissioner Gabela: Alright. Chair King: To the next meeting. Commissioner Gabela: Yep. Vice Chair Carollo: Okay. Chair King: have a motion and a second. All in favor? The Commission (Collectively): Aye. City of Miami Page 171 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 DI.2 14834 City Manager's Office DISCUSSION ITEM A DISCUSSION ITEM REGARDING AN UPDATE ON HOMELESS. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item DL2 was deferred to the January 25, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item DI.2, please see Item DI.1. DI.3 DISCUSSION ITEM 15297 A DISCUSSION ITEM REGARDING A STATE OF ISRAEL BOND City Manager's PRESENTATION. Office DI.4 15098 Office of the City Clerk MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item DI.3 was deferred to the January 25, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item DI.2, please see Item DL1. DISCUSSION ITEM A DISCUSSION REGARDING THE ANNUAL REVIEW OF THE TERMS OF ELECTED OFFICIALS AS MEMBERS OF VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES, AND AGENCIES PURSUANT TO CITY OF MIAMI CODE SECTION 2-35. RESULT: DISCUSSED Note for the Record: For minutes referencing Item DI.4, please see "Public Comments for All Item(s)." Chair King: Okay. Vice Chair Carollo: And we go right into DI.4. Chair King: D. 4 [sic]. Commissioner Gabela: Okay. City of Miami Page 172 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: Okay. So we have -- Vice Chair Carollo: You wanted to make a motion? Commissioner Reyes: What? Vice Chair Carollo: These are the appointments in DI.4. Commissioner Reyes: 4. The -- DI.4? DI.5 DISCUSSION ITEM 15314 Commissioners and Mayor A DISCUSSION ITEM REGARDING OUTSIDE EMPLOYMENT AND DISCLOSURE FOR ELECTED OFFICIALS. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item DLS was deferred to the January 25, 2024, City Commission Meeting. Chair King: Okay, so that takes care of 1, 2, 3, 4. Do we do -- do we want to handle 5, 6, and 8, discussion items, or do we want to move over to the REs (Resolutions)? We could make a motion to -- Commissioner Pardo: I'm happy to defer. I'll make the motion to defer those items. Chair King: 5, 6, and 8? Todd B. Hannon (City Clerk): 5, 6, and 7. Chair King: 5 -- Commissioner Pardo: You might as well include 7 in there. Vice Chair Carollo: Motion 5, 6, and 7. Commissioner Pardo: There's nothing urgent -- Mr. Hannon: 8 was withdrawn. Chair King: Discussion items. Commissioner Pardo: -- for today. Chair King: The discussion items. Mr. Hannon: Yeah, 8 was withdrawn. Vice Chair Carollo: Hold on. 5 -- Chair King: 5, 6. City of Miami Page 173 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 DI.6 15315 Commissioners and Mayor Commissioner Pardo: The DI (Discussion Item). Vice Chair Carollo: 5, 6. Chair King: 7 and 8. Mr. Hannon: No, 8 was withdrawn, so -- Chair King: Oh -- Commissioner Pardo: It's withdrawn. Chair King: -- 8 was withdrawn. Commissioner Pardo: Right. Chair King: Okay, 5, 6, and 7, defer. Vice Chair Carollo: I was hoping I could hear 5. I thought maybe you had employment opportunities for all of us. Commissioner Pardo: No, I wish. So -- Chair King: Do I have a motion to defer? Commissioner Reyes: Move, move. Chair King: I have a motion, I have a second. All in favor? The Commission (Collectively): Aye. Mr. Hannon: To what date? Chair King: To defer it to what date? Commissioner Pardo: Next meeting. Chair King: The next meeting? Commissioner Pardo: I think the 25th. Chair King: 25th. January 25th. DISCUSSION ITEM A DISCUSSION ITEM REGARDING CAMPAIGN FINANCE REFORM. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item DL6 was deferred to the January 25, 2024, City Commission Meeting. City of Miami Page 174 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Note for the Record: For minutes referencing Item DI 6, please see Item DI 5. DI.7 DISCUSSION ITEM 15316 Commissioners and Mayor A DISCUSSION ITEM REGARDING THE ESTABLISHMENT OF A CITY CHARTER COMMITTEE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item DI.7 was deferred to the January 25, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item DI.7, please see "Public Comments for All Item(s)" and Item DI 5. DI.8 DISCUSSION ITEM 15319 Commissioners and Mayor A DISCUSSION ITEM REGARDING THE OUTSIDE EMPLOYMENT OF MAYOR FRANCIS SUAREZ. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item DI.8, please see "Public Comments for All Item(s)" and "Order of the Day." END OF DISCUSSION ITEMS City of Miami Page 175 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 PZ.1 13953 Department of Planning PART B: PZ - PLANNING AND ZONING ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN AMENDMENT OF A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5445 BISCAYNE BOULEVARD AND 5501 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: Item PZ.1 was deferred to the January 25, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item PZ.1, please see "Order of the Day." PZ.2 ORDINANCE First Reading 15109 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") SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 3 OF THE MIAMI 21 CODE, TITLED "STANDARDS AND TABLES"/"BUILDING FUNCTION: USES," TO PERMIT RECREATIONAL FACILITY USES IN "CS" CIVIC SPACE TRANSECT ZONES BY RIGHT; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: For minutes referencing Item PZ.2, please see "Order of the Day" and "Public Comments for All Item(s)." City of Miami Page 176 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 PZ.3 15113 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY ARTHUR NORIEGA, V, CITY OF MIAMI CITY MANAGER AND MIGUEL FERRO, EXECUTIVE DIRECTOR OF BAYFRONT PARK ("APPELLANT"), OF THE DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD THEREBY AFFIRMING/REVERSING THE CITY OF MIAMI PLANNING DEPARTMENT'S ISSUANCE OF WARRANT NO. PZ-23-16544 ISSUED PURSUANT TO ARTICLE 4, TABLE 12, AND ARTICLE 7, SECTIONS 7.1.1.2 AND 7.1.2.4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TO ALLOW FOR THE RECREATIONAL FACILITY USE ON A PARCEL ZONED "CS," CIVIC SPACE TRANSECT ZONE, LOCATED AT 1095 BISCAYNE BOULEVARD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes NAYS: Carollo Note for the Record: Item PZ.3 was continued to the February 8, 2024, City Commission Meeting. Note for the Record: For additional minutes referencing Item PZ.3, please see "Public Comments for All Item(s)." Chair King: Okay. PZ.3, do I have a motion? Vice Chair Carollo: PZ (Planning and Zoning) -- Commissioner Pardo: Motion for discussion? Chair King: Yes. Commissioner Pardo: I'll make it. Chair King: I have a motion for discussion for PZ.3. Is there anyone here that wish to be heard on behalf of PZ.3? Good afternoon. Amanda Quirk Hand: Good afternoon. Amanda Quirk Hand, with offices at 1395 Brickell Avenue, Suite 800, outside counsel on behalf of the City of Miami. Do you want me to proceed or --? Chair King: Please, go ahead. Ms. Quirk Hand: Okay. I have a very short PowerPoint presentation, but it is instructive. If we can watch it quickly. I hope he puts it up. This is an appeal of the placement of recreational equipment in Maurice Ferre Park. It is approximately 3,200 square feet of exercise equipment. City of Miami Page 177 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: Your video 's not coming up. Commissioner Gabela: Yep. Ms. Quirk Hand: Yeah. Can you put the video up, please, Communications? Okay. The procedural history is that Planning and Zoning did issue the warrant for the placement of the exercise equipment -- (COMMENTS MADE OFF THE RECORD) Ms. Quirk Hand: Okay, the procedural history here is that this is placement of recreational equipment in a CS (Civic Space) Zone, it does require a warrant under the current version of Miami 21. Bayfront Park Management Trust applied for the warrant. The warrant is evaluated specifically with regard to the criteria set forth in 7.1.2.4 (d). It is -- you can -- you have to look just at the compliance with Miami 21, the intent of Miami 21, and the compliance with the Miami Comprehensive Neighborhood Plan. This is a graphic that was shown at the PZAB, which outlines the footprint of the exercise equipment. And you can see it's a very small footprint. I want to show you a very quick video that puts this into perspective for you. Is it on? It's not going. Well, the video is not coming on, but the -- Chair King: Hold on, IT (Information Technology) is coming. IT is coming. Ms. Quirk Hand: Okay. This video was made by the Bayfront Park Management Trust and it just shows you that this is a very small footprint in the open spaces in Maurice Ferre. The blue is the little graphic showing where the exercise equipment is on the site plan. This is a graphic of the proposed exercise equipment. It's actually been installed at this time. There is a fence around it. It has not been opened. When a warrant was appealed, the fence was put up. So, if this appeal is granted, the exercise equipment will be available for public use beginning as early as tomorrow. Whoever - Chair King: It will be available if the appeal is granted -- Ms. Quirk Hand: If the appeal is granted. Chair King: -- the exercise equipment will be available. Ms. Quirk Hand: It will be available. Chair King: Okay. Ms. Quirk Hand: The warrant review criteria set forth in Miami 21, like I said, in compliance with Miami 21, the intent of the transect, the guiding principles of Miami 21, and Miami Comprehensive Neighborhood Plan. We're also looking at Article 4, Table 12. I won't go through all this criteria in detail unless you have questions, but Planning and Zoning staff has submitted a thorough staff report finding that the criteria of Miami 21 has been complied with. All the information required for the issuance of the warrant has been submitted. The guiding principles of Miami 21 require recreational facilities and open space to be located within close proximity and walking distance to a number of residents. A range of open space, including parks, squares, and playgrounds, should be distributed within neighborhoods and urban centers. A diversity of land use should be -- should be provided in close proximity to the residents. Article 4, Table 12, pertinent criteria are ensuring transitions of density, intensity and height in the neighborhood context and calibrating density, intensity and uses. The Miami Comprehensive Neighborhood Plan has specific goals in the parks -- in the parks element based on access to parks, recreation and open City of Miami Page 178 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 space, making -- making facilities accessible to handicapped persons. The warrant was issued with conditions regarding two trees that no ground disturbing activity would be done within 20 feet of one tree and 16 feet of another, otherwise the warrant was granted. The 900 Biscayne did appeal. Their basis for appeal was that the development will not increase the appeal or enhance Ferre Park, which is a subjective standard. The second appeal basis was related to the park's master plans. However, the park's master plans do suggest exercise equipment as an amenity for community parks. They pro-- and they also provide -- proposed to provide active recreation in the downtown area. So, this is -- if you look at the site plan on the left, the blue area is where the recreational equipment is. It's -- if you take out the museums out of Maurice Ferre Park, it works out to be about 0.4 percent of the open space. So, the proposed exercise equipment limits the footprint to the necessary amount to fulfill the purpose and adds recreational use. It does not obstruct the waterfront views. It is not on the water. It is under trees. When you look at the -- when you look at the aerial, you can barely even see it. The notice was provided. So, there is no -- there is no allegation that the notice provisions of the warrant were not complied with. In Miami 21, you issue a warrant, and you cannot -- you issue the notice for the warrant to the neighborhood associations and the abutting property owners, and then you can't issue the warrant for 30 days. So, the notice was complied with because it was -- the warrant was issued about 99 days after the notice was issued -- the warrant was issued 99 days after the notice. So, we 're respectfully requesting this as an appeal on behalf of the City Manager, Mr. Art Noriega, and also the Bayfront Park Trust manager, Miguel Ferro. We're requesting a motion to approve the appeal and uphold the warrant. If you have any questions, please let me know. Chair King: Okay. I'm sorry. Let me -- do any of my colleagues have a question for Ms. Hand, or would we like to see the next presentation first? Commissioner Reyes: Let 's -- let's hear what -- Chair King: Okay. Vice Chair Carollo: Can I -- can I ask just one -- Chair King: Yes. Vice Chair Carollo: -- just one quick question of her? And I want to get this on the record and be very clear. Did the Bayfront Park Trust comply with all that it needed to comply with in going forward? Ms. Quirk Hand: That is correct. Vice Chair Carollo: Okay, thank you. Chair King: Also, I want to put for the record, you said it, the exercise equipment does comply with the master -- the parks master plan? Ms. Quirk Hand: Yeah, the 2023 parks master plan contemplates this type of recreational equipment in the parks. Yes. Chair King: Okay. Sir? Brian Kern: Thank you. I'm Brian Kern, vice president of the 900 Biscayne Bay Homeowners Association, co -appellant with Steve Smith, who can't be here today. I guess to kick things off we had a lot of online comments. I don 't know if we 're able to City of Miami Page 179 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 read those into the record or if you guys have had a chance to review them but I think it's important that we consider them. Are we able to do that first? Chair King: We have, yes. Mr. Kern: Great. Then let's kick it off. We're here today asking the City to give its residents a say as to what goes on in -- on its parks. This isn't just about an outdoor gym, this is about the numerous projects that Bayfront Park Management Trust, under the direction of Commissioner Carollo, have planned for MAF (Maurice A. Ferre) Park. These plans stand to change the very nature of the park as one of Miami's few green spaces. The rendering you guys see on the screen there illustrates just a few of the already built and future projects in the park's budget. A soccer field, pickleball courts, water park feature, expanded parking area, the dog park. To the best of my knowledge, no one has asked for the things he has planned. There's been no public outreach whatsoever. The Trust really hasn't reached out to the community to engage them. The Trust meetings themselves are held in such a way that it's impractical for the public to attend. Oops. Sorry. I can point to the last two meetings as examples. No agenda was posted prior to the December 13th meeting. It still remains absent from the website. Despite repeated calls to the Trust Office ahead of that meeting, no agenda was furnished until well after the posted start time. I'll also note those meetings tend to start at least an hour late. So, last meeting they had earlier this week, the agenda wasn't posted until after the meeting took place. Seems like the Sunshine laws don't really apply to the Bayfront Park Trust. So, we're asking the council to uphold the decision of the PZAB (Planning, Zoning and Appeals Board), reversing the decision of the Planning Director and denying the approval of a warrant for the construction of a gym in MAF Park. We have two distinct and independent arguments for why the decision of the Planning Director should be reversed. Either of these arguments should be sufficient on their own to uphold the denial of this warrant. I'm going to give you guys a little background on the property. As you've probably seen across various news outlets, the park's been mired in negative press due to mismanagement by the Trust that operates it. Here's the list of a few examples of recent mismanagement. The first picture on the left is from last week in the dog park. I received a similar photo the next day. Still hadn 't been attended to -- Ms. Quirk Hand: Madam Chairwoman, may I make an objection, please? Chair King: You may. Ms. Quirk Hand: I'd like to put an objection on the record that the appeal that we're here today on is for a warrant for the approval of exercise equipment in Maurice Ferre Park. It has nothing to do with any of these items. Chair King: Sir, please stick to the issue at hand. Mr. Kern: Sure. Let me skip ahead here. All right, so we've got MAF Park, often described as the crown jewel of the Miami park system. In 2007 and 2008, at great expense to the city taxpayers, an award -winning master plan for a future park was created, led by the design firm of Cooper Robertson in New York. This Commission approved that master plan on March 13th, 2008. This is a rendering of what that master plan looks like. The park closed for construction in '10, reopened in '13 and '14. While budget cutbacks meant that the full master plan was not implemented at the time the park reopened, a slimmed down version of that design was delivered based on the idea that the master plan vision would be finished in the future when funding was available. That master plan, approved in 2008, is still the legally guiding principle that governs development in MAF Park. Here are just a few more renderings of what that park should look like. This is from the east. So, in the documents that were presented to the Commission and approved in 2008, it's worth City of Miami Page 180 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 noting that the area where the outdoor gym at issue in this warrant is being proposed was clearly marked as a marquee element named Las Colinas. This -- an alternative design foresaw this area as a hilly area of open fields. The red star on the screen there is what we're talking about. A little more detail. Here's an early rendering. So, an alternative value engineering proposal foresaw this area as a hilly open space that would transition into the gardens at the south of the park. Vision boards in the approved final documents show an area designed for passive recreation and unstructured play. And that's a key point, this is a passive park, it has been since it reopened. Nothing in the master plan suggests that an outdoor gym would fit the character of this area. Here's a rendering of the alternative design. So, these planning documents are not just aspirational. Ferre Park is special, not just because it holds a special place in our hearts, but because the Commission has a legally approved -- legally approved plans for what it should look like. And while it's not reasonable to expect every single blade of grass to match the drawings, the City can't just blatantly deviate from that master plan. And at the very least, the Planning Director cannot approve plans that conflict with the master plan or make its ultimate execution impossible. So, here's our first argument. The conditional approval of the warrant was issued improperly, in part due to the Planning Director's incomplete interpretation of the goals set forth in the Miami Comprehensive Neighborhood Master Plan, as well as other guiding documents. Here's what the Code says: the review shall consider the guiding principles of the Miami 21 Code. Not one or two principles, not the Planning Department's favorite principles, the principles, which implies all of them. In practice, the analysis from the City staff in this case follow these parameters but only very superficially and in an incomplete manner that looked at certain standards of the MCNP (Miami Comprehensive Neighborhood Plan) but not others. This is their analysis on the screen now. So, we argue that the Planning Department conducted its analysis in a way that was incomplete. Specifically, we argue that the Planning Department only verified that the application met three of the standards in the MCNP and ignored the fact that the warrant application violated at least two provisions of the 2023 Parks Master Plan, 12 provisions of the MCNP, blatantly violated the Museum Park Master Plan. I've got the full list here and I can enter that into the record if you guys want to review it carefully. These next four slides provide an overview of the 15 violations we found in these documents. Some are blatant, some are a little more subjective, but I think taken in whole, they really illustrate the Planning Department's error. Out of respect for your time, I'll highlight just a few. I don't need to read all of them. You guys can do that. Many of the violations center around an obligation of the City and Bayfront Park Trust to conduct surveys and solicit public feedback before making material changes to the park. I can't say this more clearly. The Trust has conducted zero public outreach. So, these four, the last is particularly noteworthy, PR 5.1.2 states that priority in park development must be given to meeting existing deficiencies before constructing new facilities. Ferre Park is deficient in terms of facilities when compared with the master plan. The proposed development would construct new and unwanted facilities before addressing that glaring deficiency. Again, any updates to the park should be in accordance with the master plan, which was approved by this Commission, not unplanned development that inhibits future ability to deliver on that master plan. Here's another set of these violations. The first pertains to the requirement for community outreach. We covered that already. Number three on this list, and probably the most glaring of the MMCP [sic] policies, PR 6.1.2 plainly states that the City should work to implement the Museum Park Master Plan. Can't be any more clear than that. And finally, the 2023 Parks Master Plan, Page 96, states that when developing program plans and strategies, community input should be a factor that determines -- should be a factor that leads to program decision making. This goes against the current leadership style employed by the park. That wraps up the first argument. The second one, the conditional approval was approved in error due to the fact that the Trust failed to provide their complete and factual information as to their compliance with the various city code provisions when applying for the warrant. As City of Miami Page 181 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 part of its application process, the Bayfront Park Management Trust submitted to the City a survey of its property. We argue that the survey submitted presented false information, which misled the city plan reviewers. City Code requires the survey to be less than 12 months old and reflect the current condition of the property. In addition, the City's regulations state that if any work is planned on that property that could potentially disturb trees, the Trust needs to submit plans on how those trees are going to be protected or removed. Because of the aforementioned faulty survey, this provision was also violated. This is the survey that was submitted to the Planning Department. Note the date on that survey highlighted in yellow, March 2019. It was signed off by Michael Carozza five years later, bottom right there, May 2023. So, unfortunately, the Trust's assurance to the City that the survey represented the state of the property at the time of the application is false. In mid -March and in early April, before the submittal of the relevant application to the City, the trust entered into an argument -- into an agreement with a theater company and began building a temporary event space within the boundaries of Ferre Park. This new construction is not found in the survey submitted to the City. It was done without permits, so it would also not have been obvious to a city reviewer looking at the building database. However, the feeder group that the Trust partnered with on this endeavor made several posts on social media that showed the work being done in mid -March and early April. This proves that the survey submitted to the City did not reflect the current condition of the property, as Code mandates. Here's their Instagram post from April 7th. So, beyond the fact that it shows the Trust violated the City Code, the faulty survey is significant for other reasons. It's clear from the notes in the Planning Department's analysis that the City staff believed the Trust was not engaged in any construction that would harm any trees on the property. In fact, the Planning Director makes it clear that the recommendation for the approval of the warrant is conditioned on tree protection measures being a key component of any work done on the site. By submitting a faulty survey, the Trust was able to obscure the fact that it was indeed engaged in unpermitted work that was harming trees. Beyond the creation of the unpermitted performance phase, the Trust was also engaged in other work to illegally remove trees within the property, as has been documented by the Miami Herald. Without obtaining a permit, the Trust mowed down a large tree by the entrance to the park in late June. While this warrant application was being -- Ms. Quirk Hand: Again, Chairwoman, objection. Chair King: I'm sorry. Ms. Quirk Hand: Objection. This has nothing to do with the warrant. Chair King: Please stick to the issue of the appeal for the warrant. Mr. Kern: Sure. Alright. Well, in summary for argument two, as this application for a warrant was being considered, the Trust conducted an illegal, unpermitted tree removal on the property and lied to neighbors about it, built a performance space and parking area illegally without permits, submitted a survey that hid the work being done on the performance space in violation of City Code, and misled City staff about its tree protection efforts on the property. Regardless of whether these events were done on purpose or are just a series of human errors, the end result is that the Trust failed to submit material and factual information in its application and misled City staff during the approvals process. By doing so, the Trust violated the very conditions specified by the Planning Director in the conditional approval recommendation. If any other property owner in the City did this, the City would in all likelihood sue them for fraud and would certainly not approve any warrants or permits. I'd also like to enter into the record. I've got letters from all of the buildings adjacent to the park. City of Miami Page 182 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Ms. Quirk Hand: Objection. The letters can't be submitted. In order to be considered as competent substantial evidence the people have to be here and subject to cross- examination. Chair King: I can 't accept your letters. Mr. Kern: Well, know they exist. Chair King: I knew that, but I've got to have somebody else say that. Rules of evidence. Mr. Kern: Well, that's all I got. Chair King: Thank you. Do you have a rebuttal? Ms. Quirk Hand: Very quickly, a couple of just highlight points. Number one, the survey was submitted on May 13, 2023, in compliance with the City Code. Number two, the trees that were brought up were not the -- were not near the warrant. There are two conditions in the warrant regarding the trees that are in close proximity to the exercise equipment, there's been no allegation that those conditions were not complied with and the park's master plan that is adopted into the Miami Comprehensive Neighborhood Plan is a master plan. It's a guiding document. As I stated before, this is about 3,200 square feet, which is 0.4 percent of the open space portion, not including the museums. So, the master plan is meant to be a living document. This is a minor improvement, a recreational facility in a park, and therefore consistent with the 2023 Parks Master Plan as well. I'd like to submit into the record just a couple of things to make sure that the record is shored up. One is a timeline on the issuance of the warrant and the second is the presentation that was given at the PZAB. Chair King: Thank you. Mr. Kern: I've got a brief response to that. And we went over this in the last PZAB meeting. But ordinance clearly says that the guiding principles of the Miami 21 Code must be considered when analyzing whether it is appropriate to issue a warrant. Image there is a little bit confusing. It's the red, not the yellow. The Miami 21 Code are both explicit that the MCNP is one of the guiding principles of the Miami 21 Code. From the Miami 21 Code, the primary purpose of this Code is to implement the comprehensive plan. State law is even more clear, stating that the principles of the comprehensive plan shall guide future decisions. State law says that documents incorporated into the comprehensive plan, such as the Museum Park Master Plan, are part of the comprehensive plan itself with the same power of law. So, the City staff at the PZAB meeting seemed to indicate that the only guiding principles that applied to the analysis of the warrant are those in Section 2.1.3 of Miami 21. We found that to be a puzzling position since the staff explicitly included the principles of the MCNP in its analysis of its decision to recommend a warrant approval and did not include the principles in Section 2.1.3 of the Code. Chair King: Thank you. Ms. Quirk Hand: I think that in sum, the request is to approve the appeal. What you're faced with right here is an appeal. This is a quasi-judicial proceeding. You have to rely only on the competent and substantial evidence. The competent and substantial evidence in the record is your staff report, your professional planning staff the recommendation of your professional planning staff, and citizen testimony on opinions regarding the applicability of the Code or inapplicability of the Code is City of Miami Page 183 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 just not competent substantial evidence. So, with that, we respectfully request that you approve the appeal. Chair King: Approve the appeal. Do I have a motion? Commissioner Pardo: Motion for discussion. Chair King: We had a motion for discussion. Commissioner Gabela: Second. Chair King: I'm going to go in the order that 1 -- Vice Chair, and then it will go to D1 (District 1), D2 (District 2), D4 (District 4). Vice Chair Carollo: Let me -- let me ask the attorneys that we have here for the City. Since this is a hearing that is not a usual one that we are used to. I know, certainly, our two new colleagues, it's their first one. I frankly don't recall having been one of this type like this in the past, certainly not any time recently. So what is the guidelines of what we can present? For instance, if we have videos of people speaking that live in that area, is that as presentable or not? Ms. Quirk Hand: There are videos that are people speaking in the area, but for competent substantial evidence they have to be here. Vice Chair Carollo: Excuse me? Ms. Quirk Hand: For competent substantial evidence they should be here. Vice Chair Carollo: Okay. So, they can't be presented and I will submit to you we've got dozens upon dozens of people that live across the street, that live in his building, in the whole area. But the main point that I want to make is that Maurice Ferre Park, just like Bayfront Park, just like Virginia Key, just like the new large park in your area, in District 1, or the Jorge Mas Canosa Park. These are regional parks by their size, by their locations, by their use and how many people and where the people come to them. I wish that we could have brought in statements that you could see how many thousands of people that are tourists, that are visitors, come to Maurice Ferre Park in particular. Look, can the court jester who wants to smile go to the restroom, stick your head in the toilet, you know, and have a good time. You know, I don't need you smiling, grinning, the whole time, while I'm speaking. Have a little decency, Billy, decorum. I know that you like to be the court jester. You're being paid for it, to be a clown and an idiot. But, you know, this is not really the place to do it with others. So, let me go back to what -- what I was saying. This is a park, this is a regional park, and that's why you have two museums there. There's a small group of people across the street that feel that this is their park. The reason they don 't want anything there is because, it's been made clear to me by one of them, they don't want any outsiders coming in. They want to keep it just for a handful of them. I mean, that is not right. I have worked in that park long before any of them ever moved there. In fact, the first person that brought me to that park when I had just been elected for a couple of weeks was Maurice Ferre. And I still remember the speech that Congressman Claude Pepper was given. It was raining, and his toupee started coming down, and the more rain it came, the more down. Finally, he was a good sport. He just took it off and kept reading. I don't remember too many things that far back, but, you know, that was memorable because of what happened. So, I know that park from way back, all the different changes that it had. When it was changed to Museum Park and it was approved for museums to go there, I was the mayor of the City at that time. So I do have a lot of care and love for that particular park. And this was long before any of this handful of people ever bought there because there hadn't been any buildings built City of Miami Page 184 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 there. The guy that owned all those buildings was Hank Sopher, when -- that owned all the land, rather, before the buildings were built. So, we're starting from the point that it's totally wrong, that the only people that have a say-so in that park are a handful of four buildings across the street from the park and that the rest of the city doesn't have a say-so or a voice in what happens to that park. Parks that are community parks, are Margaret Pace Park, that's one for them. And then in the other part of downtown, towards the back, we have Lummus Park. Those are parks for the neighborhood in the area. This is a regional park. Now, they have stated that this is one that even though it really shouldn't come to the point, they did bring this up several times, so I do have to answer this. They started talking about and showing pictures of how dirty the park is and what have you. Well, look, right after an event was finished, and we had one recently, it was for the Perez Museum, that's when they got those pictures that they showed. Before you could get the cleaning companies to take the bags out, sure, you're going to have them put next to the side. And those pictures were taken during that time, most likely. The app that's the biggest app that brings people to different places in Miami -Dade just recently wrote -- it's called Local Gems, Florida, and this is what they said about Ferre Park. And they placed it as the number one ranking park in Miami -Dade. The number one ranking park in Miami -Dade. And it says, about Ferre Park -- let me get it over here. Nestled in the heart of Downtown Miami, where the City's stunning architect meets the vibrant bay, this park offers an impressive blend of natural beauty and cultural intrigue. The park, formerly known as Bicentennial Park, is teeming with lush green spaces, colorful sculptures, and a variety of flora, making it a paradise for nature lovers and art enthusiasts alike. Visitors can enjoy a leisurely stroll -- a leisurely stroll along the bay, observe cruise ships or engage in outdoor events. The park also features a dog section, loved by both locals and tourists. See Miami Herald, surprise, surprise, they said it's loved by locals and tourists. In fact, there were over 350,000 people that visit the sculpture gardens in its first year, along with the dogs and cats walkway. And it says, and is home to a science museum and planetarium. He finishes by saying that despite its vastness, the park maintains impeccable cleanliness. This is why so many people come there and are so satisfied, because in a short time that we have been there, we 're in so many of the key apps, and particularly this one, this ETF, that's sending tourism visitors that come to Miami to Ferre Park, and people are going there and leaving satisfied and happy. The couple of statements have been made that no information had been given to the public about the exercise equipment going there, that the public was being kept blind about it. Well, if we may go to the following. Can you put this up? A text that was sent to me on July 6, 2022. You see up there it says James. That's James Torres, your president of your DNA, Downtown Neighborhood Association [sic]. And he was sending me an article that he was very happy with that had been printed the day before in Miami Today, the newspaper that is particularly in Downtown Miami, in Brickell, put in every building. It's a fine newspaper. It gives you information that certainly the local tabloid of the Herald doesn't give you. And let me read -- and you can put it up so the parts should be read. On page 207, it says, art is not the only thing coming to the park. Outdoor facilities are coming for those who live an active life. A soccer field, a playground for kids, and an area for outdoor exercise equipment. Then it goes, the following page, the exercise equipment is expected to arrive sooner, though that is also still in its development phase. Probably the nextphase, and it's quoting me, probably the nextphase we'll have sooner will be the outdoor exercise equipment area, said Mr. Carollo. We 're looking at that now. What we would end up putting there is 20 new exercise equipments, which have been shown by the City staff. So, I went to a couple of neighborhood meetings there, and I spoke to this, to the board of directors, the heads of the board of directors of the buildings on your side, including the former head of the 900 building at the time. In fact, they were so pleased with what was happening that they contributed dollars on the first year security, even though there was a handful of you that were screaming about it, not to have it. But Mr. Torres and I, think it was very helpful in making sure that we had the opportunity to speak before them, and he was in favor of us receiving City of Miami Page 185 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 those dollars. Even one individual that was extremely helpful, Mr. Shorts, gave a security car, one of those little golf carts for the security people that we have. And we jumped across the street a couple of times a night, I don't know how many exactly, so that we could go back and forth also in exchange for what we had gotten. So you were getting something out of it, it was just not given to the park. This is not only back from July 6, 2022, but on the other side, I was invited to speak to all the different residents in the other buildings in front of Bayfront Park. And I also touched upon the exercise gym that was coming to Maurice Ferre Park and other ideas that we were discussing. Here 's another one from even before November 14, 2021, from Mr. Torres, who texted me. "Happy Sunday. Wanted to say thank you. Thank you for a great vision on the City of Miami. I can tell you it's a shared vision to really take Miami Downtown into the 21st century and catch up with many other cities on the infrastructure. And I hope to be part of that vision in the very near future and to support some of the initiatives. Once again, thank you, and also hope we can meet before Commission meeting. James." I mean, I could be here for an hour going over the texts that he would send to me back -- some people that have seen this, they've gotten the wrong impression that he's kind of had one of those men likes towards me because he couldn't travel anywhere without sending me pictures where he was at, seeing how I'm doing, and he loved to constantly be inviting me to get some food. Here 's another one from James, "Commissioner Carollo, on behalf of my family to yours, happy Thanksgiving. I am thankful that we have been able to work in addressing issues for the Downtown community via the Bayfront Park Trust and your support. Thank you." So, for you and others to come here to say that nobody knew about this, your president from the DNA (Downtown Neighbors Alliance), talked and knew about this with me for well in excess of two years. He was informed about it, he became a cheerleader for it, he clapped for it, until he decided to run for office and he thought that I was going to be a main financial supporter and I wasn't. I stayed out of the whole race. And that's where the problem came in. And then he joined the original guy that started all this in one of your buildings that he, I guess, thinks he's the mayor of Maurice Ferre Park. So, the story that nobody knew about this, it's not true. The meetings that we have in Bayfront Park Trust, they're public. The ones that we had on the equipment that was going to be put there, they were public, it was posted. Any one of you could have been there. But this opposition didn't start until way at the end. And then Mr. Torres jumped in the bandwagon when Carollo -- and this is the problem that I have with many people. They're all big supporters of mine because they want something out of me. And if they don 't get it, my God, what a bad guy. And Mr. Torres is one of those. So, I am not going to sit here and hear that we kept this a secret, that nobody knew about it. Miami Today is more widely read in Downtown community than the Miami Herald because they put the newspaper in every building. They're very informative. informative, they go into stories that, frankly, newspapers should go into. Not the gossip, not the pay -for -play, like little Billy over there with the big smile. Right, Billy? Now, let me go into a couple of other areas that were touched upon. This master plan with these hills, beautiful hills. Mr. Kern: Gorgeous. Vice Chair Carollo: Yeah, beautiful. If (UNINTELLIGIBLE) would have been here, he would be rolling. Because what do the hills do? Well, the most popular thing that people talk about in Miami is the waterfront. The waterfront. And what are those hills going to do? They're going to block the waterfront. What a wonderful idea, you know, that we have a waterfront that is the envy of the world, and we want to put hills so we can block that view. I do not know of a single city in the free world, certainly not in America, that because a handful of people have come out against the park, that it is going to be destroyed. Throughout the City of Miami, in all of our districts, we have outdoor park equipment. This is nothing that I've invented. Yes, I've heard what you and some of your associates -- can we leave this here for a second, this beautiful picture? City of Miami Page 186 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Unidentified Speaker: Yes. Vice Chair Carollo: This is not in Europe, by the way. This is in Miami. Below that is where that tree with all the roots that people couldn't walk through and we couldn't plant anything was at. And by the way, that tree was about 14, 15 years, approximately. It wasn't one of the oldest or the oldest tree in the park. It was an invasive tree, according to Miami -Dade County, the City of Miami, that cannot be planted anywhere. And how it probably got there is that these are trees that are killer trees. They fly from other trees that have been planted like them in years past. The wind takes them, and when they grab another tree, usually, or they hit the ground, that's when they start going up. And if they grab another tree, whether it's an oak or any other hardwood tree, they're going to kill it, and they take its place. So, this is one of the outrageous things that the Trust did. Instead of having those ugly roots that were there in the front, now you have a beautiful garden unlike you've ever had. And you also have a sculpture from one of the world-renowned artists in Europe. Can you show the other wonder that they wanted back? The wonderful tree with the roots. Do we have that or --? I don't know if we have that there or not. He showed it before, but I'm wondering if we have it, just so we can show it again. The tree with the roots, the invasive tree. Okay, you don 't have that one. Okay, well, he showed it before. Mr. Kern: I could put it back up if you'd like to see it. Vice Chair Carollo: Can you? Yeah, can you do that? Yeah, let's see. Mr. Kern: You want to see the tree? Vice Chair Carollo: I appreciate it. Thank you. Mr. Kern: Absolutely. Vice Chair Carollo: Very kind of you. Mr. Kern: And I just want to be clear, what does this have to do with the warrant itself? Are we -- Chair King: This -- Vice Chair Carollo: Well, you 're the one that brought that up, so I'm just trying to -- Chair King: This isn't about -- Commissioner, this isn't about the warrant issue now, this is the time where my colleagues get to make comments about the item. Mr. Kern: Okay. Chair King: This is where my colleagues -- Commissioner Gabela: Let's go. Vice Chair Carollo: Yeah. Chair King: -- get to make comments about the item. Our -- Vice Chair Carollo: And -- Chair King: -- Vice Chair is still speaking, and then we'll move on to -- City of Miami Page 187 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Vice Chair Carollo: -- look -- Chair King: -- Commissioner Gabela -- Vice Chair Carollo: Yeah. Chair King: -- Commissioner Pardo -- Vice Chair Carollo: Sure. Chair King: -- Commissioner Reyes -- Vice Chair Carollo: I -- I -- Chair King: -- and then myself. Vice Chair Carollo: I won't take much longer. I justhave, you know -- Mr. Kern: Madam Chairwoman, respectfully, if I may, if we are entering letters read into the record, can I not submit? Chair King: We are not. Mr. Kern: Okay. Chair King: The entering into the record was between our attorney representing the City. You cannot because the persons have to be here. Mr. Kern: Got it. Well, without entering -- Chair King: He 's not entering into the record for purposes of your arguments with respect to upholding or denying the appeal. Mr. Kern: Understood, and without entering anything into the record, I would like to point out that I have letters from all the adjacent buildings to the park -- Chair King: It's a different -- Mr. Kern: -- condemning -- Chair King: -- process -- Mr. Kern: Two separate processes. Chair King: It's two separate -- right, so -- Mr. Kern: Under -- okay. Chair King: So, they are commenting on the items. Mr. Kern: Got it. Well, if you want to read them, they're -- they're here. Chair King: You can give them to the City Clerk. Vice Chair Carollo: You -- Mr. Kern: (INAUDIBLE). City of Miami Page 188 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Vice Chair Carollo: Yeah, you want to put that tree back again or did you change your mind? Ms. Quirk Hand: Yeah, can I object to that? I don 't want it to be on the record. Chair King: Object to what? Ms. Quirk Hand: The letters. Chair King: Yes, you can object to that. So, the -- so you can't take the letters. Vice Chair Carollo: Well, can we give him all our videos from all his neighbors and the others -- Chair King: No, we can 't -- Vice Chair Carollo: -- wanting the exercise equipment to Todd for the record? Chair King: No, because they aren 't here. Vice Chair Carollo: Okay. Well, they 're actually speaking. They 're not letters. They're people speaking. It's a big difference, butl understand. Chair King: No, the attorney said no, they aren't present. Vice Chair Carollo: The bottom line is that this is not about exercise equipment because even though the argument that some of them made, we have expensive buildings, we have the state-of-the-art equipment, I know that's not elitist, but you know what? There are many, many in downtown and other buildings, there are many, many in the City of Miami that don't have exercise equipment. In fact, there are quite a few in your buildings that have access to those state-of-the-art fancy exercise equipment that prefer to go in the outdoors where they can breathe some fresh air, enjoy nature, look at the trees, especially a hundred plus new trees that we planted, and more that are coming, and they prefer that. Now, as was shown here, this is a minute, a minute area of a huge, huge park. The last thing that I'd like to state is that the -- this map that he showed of the park that alleges to have all the things that we want to put in the park, that's more false information. And this is a map that they created out of their own ideas. But there's so many of those areas that you've got stuff on, but just plain areas, that we have. Mr. Kern: That was just based on the budget items that were in the Park Trust's -- Vice Chair Carollo: No, it's based on what you guys wanted to draw into it. Mr. Kern: Sorry? Vice Chair Carollo: It's based upon what you guys wanted to draw into the map. Mr. Kern: Oh, I just read the budget from the Park Trust. That's it. Vice Chair Carollo: So, those pictures that you showed, they're your pictures. Mr. Kern: Oh, for sure. Vice Chair Carollo: Nowhere in the Trust has anyone even contemplated filling as much as what you're putting in there, nowhere. So having said that, I'll tell you, and City of Miami Page 189 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 I'll leave it at this, how outrageous this is. The champion, the mayor ofMaurice Ferre Park, that led the charge until Mr. Torres picked up the torch, maybe I should have raised him $50,000 or more so he could have been happy and not bother me, but that's not me. He -- when Jimenez de Aida came with his sculptures, this guy is one of the top five sculptors in the world. He's probably the next Botero. He's put some 15 sculptures, at his cost, in the park that he's going to be donating one, one they're taking out soon, this month. When they started putting the sculptures, your mayor of Maurice Ferre, came in, insulted his wife, made the woman cry, scared her, and then came back a few days later after he found out who this guy was and how famous he was, what he had to say to her was why did you go to Joe Carollo instead of going to Jorge Perez? So it's not about the good that we do to the park. It's about me. It's about me. And that's a shame because there's a lot of people that have worked hard at that park, on the board, and many outside the board, and that park is for all of Miamians. It's for all Miamians. That park, I'm sorry, doesn't belong to a handful of you -- Mr. Kern: So, on one hand, you '11 take money from our HOA (Homeowners Association). Vice Chair Carollo: -- because you're across the street -- Chair King: Sir. Sir. Vice Chair Carollo: Excuse me? Mr. Kern: Okay. Chair King: Please. Please. Vice Chair Carollo: And last, the park is maintained without a penny of any of the taxpayers across the street. Not one cent comes from them, or is taken, or used from the general fund to pay for the maintenance of that park. Having said that, Madam Chairwoman, look, what I've done here is spend a lot, a lot of hours that frankly I shouldn't have, that I've taken from my family, from my life, to try to give something beautiful and wonderful for this City to enjoy. Certainly, the fact that we have more people visiting two whole blocks of sculpture gardens that includes the Dogs and Cats Walkway, that were painted, all statues, 57 of them, by local artists that we have here. And numerous articles have been written about it all over the place. The last one that I saw was from Germany. That, along with all that we've done there, has been, from those of us that have jumped in, something out of love that we've done for this community. No matter what any of you want to say, you could do what you want with the local tabloid, with the pay -for -pay Billys, but the people that are coming there, seeing this, enjoying it, speaking about it all over the world, all over the country, that speaks for itself. The dog park that we have in Ferre, you go there in the afternoons, early evenings, and weekends. It's packed. Packed. And why is it packed? Because it's the largest dog park in the State of Florida, divided into for big dogs and smaller dogs. That park and the people across the street and many others never had that. In fact, many come from other parts of the city because it's so good. And I understand that they don't enjoy that. So whatever this board wants to do, if it wants to bring a bulldozer and tear all this down and be the first city in America, in the free world, that has said no to outdoor exercise equipment, and that's the -- what we want to give of our legacy, bring the bulldozer, tear it down. If little Billy wants to convince you not to stop there and to take the two whole blocks of sculpture gardens and tear it apart and tear the dogs and cats sculptures, feel free. It's not going to hurt me. It's going to hurt so many of our locals, tourists and visitors that come and enjoy it, especially a lot of the little kids that enjoy it the most. Any one of you that think that I'm not saying the truth on that, just go there any time of the day, especially in the evenings. Go there City of Miami Page 190 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 on weekends anytime, and you're going to see how packed it is, what people are saying. And, you know, this is not for me. I didn't need this. Just -- even ifyou take the dogs and cat sculptures out, just two whole blocks of the sculpture gardens. There 's nothing like it in South Florida, and I dare say, in the State of Florida. But this is what you try to degrade by putting a garbage can that had next to it three black plastic bags after an event had just been finished. Mr. Kern: Those were from the other side of the park, sir. Vice Chair Carollo: But -- Chair King: Sir, please don't. Vice Chair Carollo: -- again, this is here, this is what we have been about, bringing culture, bringing something that this park never had, something that everyone is proud of except a handful of haters that have their own agenda. Chair King: One point of clarification. Mr. City Attorney, the hearing with our city attorney -- the attorney representing the City -- George Wysong (Deputy City Attorney): Special counsel. Chair King: -- special counsel and the person that -- Mr. Wysong: The original appellant. Chair King: -- the original appellant, that portion of this meeting is over, correct? Mr. Wysong: That was closed. Chair King: That was closed. Mr. Wysong: Both sides rested. Chair King: Both sides rested. Mr. Wysong: There's no further evidence -- Chair King: Okay. Mr. Wysong: -- being presented. Chair King: So, now we 're only having discussion amongst ourselves. Mr. Wysong: Correct. Chair King: Commissioner Gabela, please. Commissioner Gabela: Thank you very much. So, I got one question, and can somebody enlighten me? I'm looking at the map. I Googled it, you know, 1095 Biscayne Boulevard. Is this -- is this District 3 or District (INAUDIBLE)? Chair King: District 2. Commissioner Gabela: Oh, okay, so there 's a mistake there. It says it's in District 3; districts impacted, District 3. Question number two. I understand that it's exercise City of Miami Page 191 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 equipment that we're talking about and that it was done without a permit. Is this correct? And that 's why we 're here? Ms. Quirk Hand: The exercise equipment was not done without a permit. Commissioner Gabela: Was not done without a permit? Ms. Quirk Hand: No. I submitted a timeline into the record. The Bayfront Park Management Trust submitted an application for a building permit. Commissioner Gabela: So, let me ask you a question, to -- I'm sorry -- Ms. Quirk Hand: The procedure is -- the procedure is an applicant submits an application for a building permit. Commissioner Gabela: Right. Ms. Quirk Hand: It goes through the reviews of the City departments. Once it gets to Planning and Zoning, they refer it for a warrant. Commissioner Gabela: So, can I ask you a question? Ms. Quirk Hand: Yes. Commissioner Gabela: Why are we here? If everything came out the way it was supposed to, perfect, why are we here? Ms. Quirk Hand: Because after the warrant was issued, they have 15 days to appeal. The 900 Biscayne filed an appeal to the Planning, Zoning and Appeals Board. The Planning, Zoning and Appeals Board heard the appeal, they granted the appeal. The City Manager, Art Noriega and the Bayfront Park Management Trust Executive Director Miguel Ferro, decided to file an appeal to bring it to this Commission for -- to decide, you know, to uphold the warrant. That is why we're here. Commissioner Gabela: That's why we're here. Okay, so we're not here as an emergency thing with a lighting situation that happened that it was done prematurely Ms. Quirk Hand: No. Commissioner Gabela: -- and then we'll settle it later. Ms. Quirk Hand: No, this is a regular appeal. Commissioner Gabela: So we got a permit, everything was okay -- Ms. Quirk Hand: Yes. Commissioner Gabela: -- but we 're here because of an appeal. Ms. Quirk Hand: That's right. It's a regular appeal procedure in Miami 21, Article 7. Commissioner Gabela: Thank you very much for enlightening me. Chair King: Commissioner Pardo. City of Miami Page 192 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Pardo: Thank you. I think there's a basic difference here that's going on in perspective. I know my colleague Commissioner Carollo has said that this is a regional park, but I think times have changed in Downtown Miami, and downtowners recognize this park as their park. This is a park and a community, largely vertical, they've mentioned the number of buildings, but those are thousands of people who are reaching out to our office, reaching out to me, reaching out -- even if you look at the public comments for today's meetings, it's filled, and they're angry. They're angry because they feel they've been disenfranchised from the very process that gives them input into a park. And yes, tourists go and lots of other folks go, but they're taxpayers and they feel like they have a -- an obligation given their commitment to the City to be heard. My understanding is this went before PZAB and there was a very large crowd and it was heard in its entirety and it lost by 7-2. That's not a close vote. Okay, 7-1. That's not a close vote, and I tend to always err on the side of listening to people and the people that are writing and calling and asking. And if they feel that the warrant helps them preserve a right to be heard, then I'm inclined to deny this appeal. Chair King: Commissioner Reyes? Commissioner Reyes: Well -- this is, to me, it's a -- I'm torn between two (UNINTELLIGIBLE). You see, I am in favor of -- of outside gyms. All my parks, parks that I have redone, and the new parks, they all have an outside gym. And it is used -- I mean, it is used a lot by the residents. They use it a lot. Granted, they don't have buildings that they have a gym, and their homes, or the place that they live. But it is -- it is very popular among my people, and I consider that a great idea and it is a very healthy idea, particularly for the elders that they can do exercise, but what I don't want -- I mean, really what I want to know is, if this was built without a warrant, it was built legally? Vice Chair Carollo: Yes. Commissioner Reyes: Because that's not the information that I have. The information that I have is that it was built without a warrant, and the -- a hold harmless commitment was made to the City of Miami that if the warrant was not given, that they would pay for the removal. Is that true or not? Mr. Wysong: Do you want the City to answer or special counsel? Because I could tell you -- Commissioner Reyes: I want the City to answer. Mr. Wysong: The evidence that was presented, and you just heard, was that the City and/or the Trust applied for a permit, got a warrant. The warrant was issued. The Miami 21 Code says that after a warrant is issued, there's a 15-day appeal period. Within that 15-day appeal period, a -- an appeal was filed. But because -- well, I don't want to go off the record. So, there was a permit, there was a warrant, and then there was an appeal. So, in order to continue progressing with the work, during the pendency of the appeal, the applicant filled out a hold harmless agreement that says essentially that in the event that we -- we want to proceed with the work, and in the event that the warrant is ultimately denied, the work that has been performed will have to be removed. So, that's essentially what -- Commissioner Reyes: Was the warrant denied? Ms. Quirk Hand: No. No. Mr. Wysong: No, the warrant was approved. City of Miami Page 193 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: We're doing right now. Mr. Wysong: So the warrant was approved, then it was appealed to the Planning, Zoning, and Appeals Board. The Planning, Zoning, and Appeals Board granted the appeal, which would have reversed the decision to grant the warrant. That was appealed here, so right now the warrant stands as reversed but the City is asking you to overturn the decision of the Planning, Zoning and Appeals Board and grant the warrant. Commissioner Gabela: So, right now, you don't have a warrant. Chair King: Yes, they (INAUDIBLE) -- Mr. Wysong: Well, it's in -- it's in flux right now. Commissioner Gabela: Either yes or no, yes or no, because I mean, we've got to stop this thing, maybe -- yes or no, and by the way, is a warrant equal to a permit? Mr. Wysong: A warrant is part of the permitting process. Commissioner Reyes: Yes, it is. Yes. Mr. Wysong: It's a conditional permit, I would say. Commissioner Reyes: So everything was done legal because if it -- Ms. Quirk Hand: Yes. Commissioner Reyes: -- were not done -- I mean, I don't want to set precedent that we can just go and build whatever we want to build and -- and then, after the fact, we go and we get the permits and we get the warrants. I don't want to do that. I will never vote in favor of that because every time that I have done a park or whatever, we go through the process, and the process calls for us to have a permit, to have a warrant, and to have community input. Now we have a controversy here that says there is community input and there is -- another people say there is no community input. Honestly, I don't know who to believe. Chair King: Well -- Commissioner Reyes: Really, really, I wasn't there. You see, I don't -- I don't know who to believe. Vice Chair Carollo: Commissioner. Commissioner Reyes: If -- hold on a second, Joe. It is quite confusing. If it was done without a permit, I would vote no, you see. I mean, if there was any violation, violation, I would vote no. And because to me, it's very important that the community has an input. It is quite important, quite important, you see, that we have community input in whatever we do. And particularly parks. Parks are, in my opinion, the heart of the community, you see. And if that is the case, you see, I -- I don't know, I'm torn between two lovers. Commissioner Pardo: The -- the issue is that the equipment was installed before the warrant expired, right? Mr. Wysong: Right, the equipment -- City of Miami Page 194 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Pardo: So -- Mr. Wysong: -- was installed before the warrant could be heard, basically. Commissioner Pardo: Could be heard. Commissioner Reyes: Okay, okay. Commissioner Pardo: So -- which is basically a -- Commissioner Reyes: It's a violation. Commissioner Pardo: -- had they allowed it to just -- Commissioner Reyes: (INAUDIBLE) and I cannot -- I cannot condone that. Commissioner Gabela: I motion to deny. I motion to take this off. Chair King: Hold on, I didn't get any -- Commissioner Gabela: If anybody wants to go along. Chair King: Hold on. Hold on. Commissioner Gabela: Or Mr. Pardo, would you like to motion and I'll second it? Chair King: Hold on. One, this park is more than just a local park. Thousands of tourists, hundreds of thousands of tourists visit this park. This is in the heart of Downtown, so it's not just a local park. Two, I agree with my colleague, Commissioner Reyes, I have never heard pushback for exercise equipment -- Commissioner Reyes: No. Chair King: -- in a park, unheard of #BecauseMiami. Exercise equipment is healthy for our residents. It's riding your bike. It's taking a walk. And for those people who can't afford to go to gyms that have memberships of upwards of $200 a month, you can go to your local park and exercise. Exercise -- we are -- are we really arguing about exercise equipment in a park? Procedurally, I understand, because the community does have a right to have input into what happens in our parks, in our neighborhoods, in our communities. That is what the Parks Master Plan accomplishes, because the master plan was put together from community input. Is that correct? Is that correct? Can somebody say it out loud? Mr. Kern: Yes. Ms. Quirk Hand: Yes. Chair King: Correct. The Parks Master Plan says that exercise equipment is good for our parks. So -- Commissioner Reyes: Yeah. Commissioner Gabela: You know, I'd like to speak. Chair King: -- here we are. And particularly in your district, Commissioner -- Commissioner Gabela: Yes, ma'am. City of Miami Page 195 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: -- exercise equipment would be much appreciated. Commissioner Gabela: I agree. Chair King: So -- Commissioner Gabela: And I agree with everything you said, but this is the problem. I've been told -- I've been told that we must follow the rules, okay. We must follow the rules. I think I was told that, if somebody can correct me, at about 11 o'clock that a vote took here, that I had to leave because we have to follow the rules. So, if we're going to follow the rules, we 're going to follow the rules, okay. So, me, for one, I don't know what you ladies and gentlemen are going to do, but I'm going to follow the rules from now on, okay? And I'm putting forward, unless you want to do it because I respect it's in your district. Commissioner Pardo: No, please, go ahead. Commissioner Gabela: And I'm putting forward -- Chair King: Hold on. Commissioner Reyes: Let's -- Commissioner Gabela: If nobody's finished, if we haven't finished, let me step back and -- Chair King: The -- the City Attorney, the attorney. The motion, you'd have to deny the motion. Ms. Quirk Hand: I think it's important to clarify for the record that the competent substantial evidence in this record is that the City and the Trust did follow the rules. This happens all the time for regular private applicants. You apply for a building permit. It goes through the system. It gets referred to Planning and Zoning. Planning and Zoning looks at it and says, this is on the list for a warrant. We're going to kick it over to Planning. Planning is going to review the warrant. That's what happened here. They reviewed the warrant. They actually issued the warrant on September 7th. The building permit was issued on September 13th. The appeal period -- the appeal was submitted on the very last day that you could submit an appeal. So, during that time, this exercise equipment is like a 48- to 72-hour build, okay. Commissioner Gabela: You guys should have waited. You guys should have waited. Ms. Quirk Hand: This is -- Commissioner Gabela: And you didn't wait. And that's why we 're here today. Because had you done it right, we wouldn't be here today, would we, at the end of the day? Ms. Quirk Hand: This is common. Even with private applicants, you don't assume that your warrant for exercise equipment in a public park is going to be appealed. Commissioner Gabela: I understand. (COMMENTS MADE OFF THE RECORD) Chair King: Sir. Sir. City of Miami Page 196 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Ms. Quirk Hand: The criteria -- Chair King: No outbursts. Ms. Quirk Hand: -- in the Code is 7.1.2.4 (d). Chair King: Sir, no outbursts. No -- no outbursts. Arthur Noriega (City Manager): Amanda, can I add something? Chair King: I'm going to remove you. Mr. Noriega: Can I add something, Madam Chair, just for purposes of clarification so that everybody understands? I think, procedurally, Commissioner Gabela, you would have been here anyway. You just wouldn't have been deciding -- because the decision is to whether to grant an appeal or not -- Commissioner Gabela: No, no, I get it. Mr. Noriega: -- relative to the warrant. The impact of that means that equipment has to come out. The warrant still would have been -- you still would have been here. Commissioner Gabela: You know what the impact of what they did to me was, okay, you know what that was? Tried to take me out on an election, and yet I withstood it. So you know what? I think they can withstand taking out the equipment because if they did it wrong, they did it wrong. And that's the end of the story. And listen, respectfully, Art, I understand what you're going to say. If there was a mistake two days, I got it. But we got to do things by the book. I've been told, so, I'm going to do things by the book. Chair King: So, the item is to -- Vice Chair Carollo: Excuse me, Mr. Torres, if you want to swear at me, go up here and do it, okay? (COMMENTS MADE OFF THE RECORD) Vice Chair Carollo: Ifyou want to swear at me quietly -- (COMMENTS MADE OFF THE RECORD) Chair King: That's it, that's it. Vice Chair Carollo: What did you say? (COMMENTS MADE OFF THE RECORD) Vice Chair Carollo: Very good. Listen, you can call me and visit me like you used to, anytime you want. (COMMENTS MADE OFF THE RECORD) Vice Chair Carollo: Just you and me. You can visit me, okay? (COMMENTS MADE OFF THE RECORD) City of Miami Page 197 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Vice Chair Carollo: Yeah, that's what you are. (COMMENTS MADE OFF THE RECORD) Vice Chair Carollo: A liar? Then you know what? Next meeting -- (COMMENTS MADE OFF THE RECORD) Vice Chair Carollo: --I'm showing all the other texts -- (COMMENTS MADE OFF THE RECORD) Vice Chair Carollo: -- that you send me -- (COMMENTS MADE OFF THE RECORD) Vice Chair Carollo: -- including your great -- give me tickets to the Trump. Commissioner Reyes: Listen guys, let's move ahead. Commissioner Gabela: I've never seen anything like this. Chair King: So, let's -- Commissioner Reyes: Let's show some decorum. Commissioner Gabela: (FOREIGN LANGUAGE). Commissioner Reyes: I mean, we don't need this. Chair King: The -- Vice Chair Carollo: No, we -- this -- this is the guy that's -- Commissioner Reyes: We don't -- we don't -- Vice Chair Carollo: -- the president representing this handful of people, swearing like this in a public meeting because he's been outed. And I didn't even begin to show -- Commissioner Gabela: Can we take a break? Chair King: I'm frying. Vice Chair Carollo: -- a fraction of the texts that he had sent me. Mr. Kern: Sir, I'm here representing myself. I'm not being paid to be here. Chair King: The item requires us to vote -- Commissioner Gabela: So, so -- Chair King: -- on whether we're going to -- Ms. Quirk Hand: Grant or deny the appeal. Chair King: -- grant or deny the appeal. City of Miami Page 198 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Gabela: Respectfully, I deny the appeal. I'm making the motion -- Chair King: You got -- there 's a motion to deny the appeal. Is there a second? Commissioner Pardo: I'll second it. Chair King: There's a motion and a second to deny the appeal. All in favor? Commissioner Gabela: Aye. Commissioner Pardo: Aye. Commissioner Reyes: Aye. Chair King: All opposed? Vice Chair Carollo: Nay. Chair King: Nay. It -- the motion carries 3-1. Commissioner Reyes: Yes. Todd B. Hannon (City Clerk): Wait, so 3-2. Chair King: I'm sorry, 3-2. I'm -- Mr. Hannon: Three in favor -- Chair King: -- an attorney, not a mathematician. Mr. Hannon: So, three in favor, two against -- Chair King: Three in favor. Mr. Hannon: -- with Commissioner Carollo and Commissioner King voting no. Chair King: No. Mr. Hannon: 3-2. Vice Chair Carollo: Done legally. Chair King: 3-2. 3-2. Commissioner Reyes: According to them. According to what I heard. Chair King: Next item. Vice Chair Carollo: Excuse me, was this done legally or not? Mr. Wysong: So, there was a vote. I'm not sure if you know if there was -- what the vote was, but if the motion was to deny the appeal, and as I understood it, there were three votes to deny the appeal, two votes against. Vice Chair Carollo: No, I don't think -- Mr. Wysong: So, the appeal is not -- City of Miami Page 199 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Vice Chair Carollo: -- the motion was clear. That's why I'm asking for clarification from you. I didn't hear Commissioner Reyes speak out. Mr. Wysong: Yeah, so let me clar fy. Vice Chair Carollo: Is the process that was followed by the Trust, was it legal or not? Did we do anything illegal in the Trust? Mr. Wysong: There -- okay, so you're asking whether or not the permit was issued improperly or -- no, the permit was issued, there was an appeal, and the equipment was put in prior to the appeal being heard. But there was a hold harmless. Vice Chair Carollo: But it was done legally. Mr. Wysong: Yes, that was done legally. Ms. Quirk Hand: Yes. Vice Chair Carollo: It was all done legally. Ms. Quirk Hand: Yes. Mr. Wysong: Just following the process, yes. Commissioner Gabela: Okay, that's not the question here. The question here is very simple. If the equipment is going to go, then you deny the appeal. Is that correct? Is that correct? Mr. Wysong: If you deny the appeal, the warrant is reversed, and the equipment must be removed. Commissioner Gabela: Okay. That's what I did. That's what I motioned. Is that what you did? Vice Chair Carollo: Is this what you wanted? Commissioner Gabela: Manolo, how about you? Did you do that? Vice Chair Carollo: It was legal. Commissioner Gabela: Did you vote for that? Commissioner Reyes: Listen, listen, listen, listen, listen. Commissioner Gabela: Let's clear that up and move on. Commissioner Reyes: My argument and my whole argument was that it must have been done legal. Commissioner Gabela: Yes. Commissioner Reyes: And if it was done legally, you see, I am voting for the equipment to remain, although -- although there have been questions, people that there was public input or was no public input. So, we have a division. I mean, the whole opinion of the whole area is totally divided. Some people are in favor, some people are against. My question is, was it done legally or was it done illegal? Because City of Miami Page 200 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 if it was done illegal, you see, I would vote for getting the -- the exercise machines -- I mean equipment, out of the park, which I don't believe should be done because I am in favor of having exercise equipment in all parks. Commissioner Gabela: Me too. Commissioner Reyes: But if it was done illegal, I vote to get rid of those -- those equipment. If it was done legally, I will vote for them to remain, and that's it. Mr. Wysong: So, to answer that, the evidence that you've heard was that the permit was requested, which is legally done. The warrant was issued legally. There was an appeal which was filed legally. Commissioner Reyes: Okay. Mr. Wysong: And they issued -- they followed the procedures which required, under those circumstances, a hold harmless agreement. That's all procedurally accurate. Vice Chair Carollo: Legally. Mr. Wysong: And then the appeal was filed. The problem, as counsel indicated, was that because it's gym equipment, it went in in 48 to 72 hours. It was -- it was in place before the appeal could be heard, and that's why you're here today. But everything was done following Miami 21 and the procedures therein. Commissioner Gabela: But George, you can't tell me that was done legally and then we 're here tonight because if there wouldn't have been a problem, we wouldn't have been here tonight. Chair King: That's not why -- Commissioner Gabela: And I asked the question -- Vice Chair Carollo: Of course, of course. Commissioner Gabela: -- does a warrant equal a permit? Mr. Noriega: George, you're not ex -- Commissioner Gabela: Yes or no. If it does not, then it wasn't done legally, and that's why we're here tonight. Let's not confuse the issue. Chair King: It is done -- it was done procedurally, which was legal. Ms. Quirk Hand: Yes. Chair King: So we 're mincing words here. Mr. Noriega: Where he -- Chair King: Staff and the City -- Commissioner Gabela: But they installed the equipment -- Chair King: -- illegal -- Commissioner Gabela: -- but they installed the equipment -- City of Miami Page 201 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: But they did not install the equipment illegally. Mr. Noriega: They just took the risk -- Commissioner Gabela: So then why are we here tonight? Why are we here tonight then? Chair King: They had the right to install the equipment. Commissioner Gabela: Why are we here tonight then, that's my question? Chair King: Because everyone -- because there is a right to appeal. There 's no illegality here. We are following procedure. Commissioner Pardo: Just improperly. Chair King: We are following procedure. There's no illegality here. We are following procedure. He has a right to appeal. The City has a right to appeal. That is being done. Commissioner Gabela: I'm not addressing that right. Of course they have a right to appeal. What I'm addressing is everybody knows full well that if we 're here tonight, there must have been a problem, and that's what we're talking about. Chair King: No, there was no problem. Vice Chair Carollo: No, no. Commissioner Gabela: Alright, I got -- Chair King: This is the procedure. Commissioner Gabela: No, it's procedure. Chair King: This is the procedure. Commissioner Gabela: I understand the procedure, and the procedure was that 72 or 48 hours, before they -- they got to the finish line -- Chair King: But they didn't have to -- Commissioner Gabela: -- where hey, you know what, if there 's no appeal -- Chair King: -- they didn't have to wait. Ms. Quirk Hand: Right. Commissioner Gabela: If there's no appeal `til this date, then you know what, we're safe, we can go ahead. But they didn't do that. They did it 48 hours, and this is why we 're here today. Commissioner Pardo: I mean, they -- Chair King: No, that is not -- that is -- Vice Chair Carollo: No. City of Miami Page 202 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Gabela: That's the way I heard it. Chair King: -- not why we are here today. The process follows. The process follows. And again, I'm the only person sitting up here with a legal degree. This is procedural. Just like everybody up here, except me and Commissioner Pardo, have been in some kind of legal issue with respect to the City of Miami. You file a complaint, a complaint is answered, you get discovery, you have mediation, there's a process. The process is what they've just explained. Nothing about the process was illegal. It was the process. Commissioner Gabela: Okay, let's call it that -- Chair King: Now we can decide -- Commissioner Gabela: So I stand -- Chair King: -- whether you want to either uphold the appeal or deny the appeal. Commissioner Gabela: Alright, fair enough. Then you know what? Let's pretend that the process went as it should. At the end of the day -- okay, and by the way, I can read English. I'm not an attorney. My daughter is an attorney. You know, but I'm not an attorney. Chair King: Good job. Commissioner Gabela: But I can read English, okay? I can read English, okay? And when I asked, does a warrant equal a permit, I think you said yes. Is that correct? Does a warrant issue a permit? Yes or no? Ms. Quirk Hand: Mr. Wysong said it is part of the permit. Commissioner Gabela: Okay. It's part. So, in other words, it's part of the permit, right? Ms. Quirk Hand: That's right. Commissioner Gabela: And the problem was that the equipment, okay, was installed 48 hours prior 'til the end game where then nobody could appeal, right? Am I right so far? Chair King: No. Ms. Quirk Hand: Yes, but the warrant was issued and it was legal at the time the equipment was -- Commissioner Gabela: I'm not saying it was legal. Ms. Quirk Hand: It was. Commissioner Gabela: Okay, it was. So -- so -- but the problem that happened was, okay, that you kind of figured that nobody was going to appeal, that everything was okay. So you did it 48 hours before you got to that point where then, hey, we got to this point, January 31 st, let's say, okay, when you get to that point, that's it. Nobody can appeal the time for appeal. Ms. Quirk Hand: The -- the appeal -- City of Miami Page 203 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Victoria Mendez (City Attorney): Commissioner, I think -- I understand what you're saying, but I need you to know, even if the equipment would not have been installed -- Commissioner Gabela: Right. Ms. Mendez: -- there could still be an appeal for the warrant. It would still be here. Commissioner Gabela: But that's not the point. That's not the point why we 're here. Ms. Mendez: It would still be here before you. Chair King : And also -- Ms. Mendez: That's -- Chair King: And also -- Commissioner Gabela: There's got to be something wrong when you guys are here in front of us and this is being discussed. Chair King: Also -- Commissioner Gabela: If everything would've been done great, we wouldn 't be having this discussion. Chair King: No. No. Also -- Commissioner Gabela: But at the end of the day, I'm stepping down. Chair King: -- there was a hold harmless. Ms. Quirk Hand: Yes. Chair King: There was a hold harmless which allowed the equipment to be installed and if, with the hold harmless, this appeal went one way or the other, the equipment would either stay or the equipment would be removed, because of the hold harmless, and that's why -- Commissioner Gabela: Simply put. Chair King: -- that's -- that 's why. Commissioner Gabela: No, I follow you. Ms. Quirk Hand: And for the record -- Chair King: So, now it's -- Commissioner Gabela: So simply put, the cart was placed in front of the horse is what happened, simply put, that's really what happened. Chair King: No, not with the hold -- the hold harmless allowed the cart to be put before the horse. Commissioner Gabela: But something happened. Something happened that we 're here -- City of Miami Page 204 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: The hold harmless -- Commissioner Gabela: -- because if nothing would've happened, we wouldn't have been here. Chair King: No, we would still -- we could still be here because it's part of the procedure -- Ms. Quirk Hand: That's right. Commissioner Gabela: Okay, guys, I understand it's part of the procedure -- Ms. Quirk Hand: The appeal -- the appeal was filed at 3:16 p.m. on the very last day that it could be filed so -- Mr. Noriega: Look, I think there's one critical issue here. Take the equipment installation out of it. Just remove the fact that the equipment was installed. Let's say it was never installed. Commissioner Gabela: Okay. Mr. Noriega: We would still be exactly where we are right now -- Ms. Mendez: Correct, because -- Mr. Noriega: -- because they appealed the warrant that allowed for the equipment to be installed. The only issue here at hand is whether you're going to allow the equipment, right, or you would have allowed the equipment to be installed or not, whether it had been installed or not. So, whether the equipment's there or not, procedurally they did what they had to do because they filed -- you know, they filed the affidavit. We would have been here either way, right? Ms. Mendez: Regardless. Mr. Noriega: If they had waited and been prudent and said, hey, we're not going to install any equipment, that appeal still would have happened. He still would have appealed it because ultimately -- Mr. Kern: I've demonstrated that the warrant application had false information. Chair King: So, really, the issue is whether or not you think the equipment should be in the park. Commissioner Gabela: You know what I see here, and I'll be honest with you guys, what I see here is, okay, when we take a vote and there's certain commissioners that don't want that vote to go that way, then we figure out a way how to massage it and how to turn it into another way. Chair King: Absolutely not. Commissioner Gabela: Okay, and at the end of the day, I still -- I mean no disrespect. And by the way, this is what I'm saying. At the end of the day, okay, I'm not stupid, okay, I'm a businessperson, okay, I built V12s for a living, Jaguars, okay, and transmissions and every other thing, I'm not a stupid person. You can't tell me that we're here today because had this been done right, no matter what you tell me, we wouldn't have been standing here today, okay, at the end of the day. And this continues to be your pattern. Over there, you, Ms. City Attorney, why I want you fired. City of Miami Page 205 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Ms. Mendez: Right, but -- you want me fired because I was doing my job. Commissioner Gabela: Because it's on -- yes, I want you fired. Chair King: Victoria. Ms. Mendez: Because I was doing my job -- Commissioner Reyes: Hey, hey, hey, hey, hey. Commissioner Gabela: Because it's on and on and on. Ms. Mendez: -- and because you -- there was a residency issue. Chair King: Victoria. Commissioner Gabela: One set of rules for certain people and we 've got another set of rules for other people. Ms. Mendez: That's the only reason you want me fired so let's be very clear. Commissioner Gabela: I rest my case. I rest my case. Chair King: Madam City Attorney. Madam City Attorney, please, please do not argue with us. Do not argue with us. Commissioner Reyes: No, but -- Ms. Mendez: I will not, however -- Chair King: I understand. Ms. Mendez: -- he continues -- Chair King: I understand. Ms. Mendez: -- to say that I'm not doing my job -- Chair King: I understand. Ms. Mendez: -- and that is the issue. Commissioner Gabela: Yeah, and I'll say it again. Chair King: Purple. Purple. Commissioner Gabela: And I'll explain it to you why -- Chair King: Purple. Purple. Commissioner Gabela: -- ifyou want to hear it. Commissioner Reyes: Let me -- let me get one point real clear, Mr. Gabela. Commissioner Gabela: Yes sir. City of Miami Page 206 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Reyes: I'm not massaging anything or I've been very consistent. I said it from the beginning -- Commissioner Gabela: I'm not saying you personally, sir. I'm not saying you personally, but what I'm saying is -- Commissioner Reyes: And I said this from the beginning, if it was done legally -- Commissioner Gabela: Right. Commissioner Reyes: -- if it was done legally, I would vote no on the appeal. I would vote -- I mean, to maintain -- I mean, no on the appeal. If it was done illegal, then I will -- I mean, vote for the appeal. Commissioner Gabela: I understand. Commissioner Reyes: And I do this because I know that there are -- there 's part of the residents that they are against this, but there are part of the residents that they are in favor and that's what happens in every single neighborhood. Commissioner Gabela: Now listen, Manolo -- Reyes, listen, Commissioner, listen. Let me reiterate. You know what, maybe it's how we define, you know, my perspective -- our perspective, his perspective, yours, how we define what's legal and what's not, and maybe it's a matter of interpretation. Commissioner Reyes: It's a matter of interpretation. Commissioner Gabela: As for me, I'm going to rest my case. That's where I stand. I respect every -- I'm not going to -- Commissioner Reyes: Okay. Commissioner Gabela: -- talk anymore. I think I've made my point. Thank you very much. Commissioner Reyes: And now let me tell you this, I will vote for the equipment to stay. Commissioner Gabela: Okay. Commissioner Reyes: Okay? Commissioner Gabela: And I respect that. Commissioner Reyes: Because -- because it was done legally, and I -- and I know by experience, being here, that it is true, it is true, even if it hadn't been installed, those people that didn't want any equipment there, that if a warrant is issued, they would appeal that warrant before it is installed, and we have a hold harmless that allow -- that's the way it works, that hold harmless allows an action to be taken with the proviso that if it goes against it, they would pay for whatever it is, you see, that's -- that's the problem. Commissioner Pardo: The thing is something can be -- something can be completely legal and still improper, and that's what we're looking at in this case. The equipment was installed before the end of the appeal. Before community input was heard. There's a reason we have a PZAB board. They heard this issue with their expertise and their background and the decision was 7-1 to deny. And that's the reason that City of Miami Page 207 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 we 're here today because we're appealing that decision and that community input that resides in my district. Commissioner Reyes: Yes, I do understand that. And let me tell you, I don't take the decision of PZAB lightly. I don't take it lightly. But I know that I don't agree every time the PZAB makes the decision, because they have made some decisions that doesn 't make sense at all, you see. But I don 't take it lightly. Commissioner Gabela: Look, would it make sense -- Chair King: I have a -- Ms. Quirk Hand: Before -- Commissioner Gabela: -- would it make sense to defer this or am I out of line? Commissioner Reyes: Let's defer it. Ms. Quirk Hand: Before you move to the next item. Chair King: I can 't move to the next item because we haven 't finished taking up this. Commissioner Reyes: (UNINTELLIGIBLE) defer it. Vice Chair Carollo: The vote before was not -- the vote before was not finalized because Commissioner Reyes did not end up voting on that. Ms. Quirk Hand: I would respectfully -- Vice Chair Carollo: He kept silence, is that correct? So, I'd like to, at this point in time, make a substitute motion that would take precedent over the motion that was there to approve the outdoor gym set to stay there. Chair King: Todd says we can't, we have to -- we have to finish -- Mr. Hannon: What you're -- what you're saying is a main motion. There's already a main motion on the floor to deny. There was a sense of unreadiness by Commissioner Reyes, which is why we still have the motion to deny on the floor. Chair King: So, we have -- Mr. Hannon: So, we need to address the motion that's currently on the floor -- Chair King: -- we need to have Commissioner Reyes vote. Vice Chair Carollo: But if you have a substitute motion, that would take precedent over it. Mr. Hannon: A substitute motion is more of a deferral, continuance, a substitute motion doesn't result in a final action. So, there's a difference between a main motion Commissioner Reyes: How much will it take to remove those --? Mr. Hannon: -- than what I would call a subsidiary motion. So, right now there 's a main motion on the floor to deny -- City of Miami Page 208 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Reyes: Question. Mr. Hannon: -- there was a sense of unreadiness by -- Commissioner Reyes: Question. How much will it take to remove those exercise equipment from there? Yes, I'm asking the -- you are the ones that are experts. David Snow (Interim Director, Planning): The cost of installation was 40 -- roughly $40, 000. Commissioner Reyes: And who would pay for that? Vice Chair Carollo: It was more than $40,000, because -- I don't have the exact amount, but it was expensive. A lot more than $40, 000 because -- Commissioner Reyes: Well, who would pay for that? Vice Chair Carollo: -- that was the cost of -- of what now? Chair King: The City would pay for it. Commissioner Reyes: If we are -- if we vote to remove them. Vice Chair Carollo: Well, it would have to be -- Ms. Quirk Hand: The Trust would have to pay for it. Vice Chair Carollo: -- the Bayfront Park Trust. The cost of the equipment, I don't have it before me here, but it was in excess of $100,000 plus, plus all the mats, ifyou know that -- Commissioner Reyes: Yes. Vice Chair Carollo: -- the rubber mats, it was probably in excess of a couple hundred thousand or so. I'm guessing. Commissioner Reyes: Let me tell you this, I -- Mr. Kern: Reinstall it in Parcel B. Commissioner Reyes: -- I agree with Madam Chair, this is the first time, first time that I have heard any argument, or discrepancy, for outside equipment -- exercise equipment. First time, and I have installed about one, two, three, five exercise equipment in my parks. Never had a problem. Never had a problem because the residents are using it. Maybe we have a problem now because the residents don't need to use it, you see, that is my problem, that is my question. Vice Chair Carollo: Well, if we open it up, you're going to see how many residents are going to use it. I would be glad to show you the dozens of residents that live there across the street that support this. In fact, one of them that just gave us a tape, someone you know well, Arturo Sandoval, in the 900 building, he 's got an apartment now. And that place is going to be full of people doing their exercise equipment, using the exercise equipment. And I submit to you, Commissioner, if that's not so, if nobody's going to use it, I'll gladly be the first one to say, tear it down, take it out. But that's going to be used by a lot of people. You'd be surprised how many people have come up to me, to all our maintenance guys in the park, why is this not open? What are you going to open? We want to use it. City of Miami Page 209 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Mr. Kern: Commissioner, why not install it in Parcel B? Commissioner Pardo: Was there a competitive bid for this job? And did we follow competitive bid rules? Vice Chair Carollo: We followed whatever rules the law says we had to follow. Chair King: May we -- may we -- may we get back -- Commissioner Reyes, could you please cast your vote? Commissioner Reyes: Cast my vote? Chair King: Yes. Mr. Hannon: So, again, there's a motion by Commissioner Gabela, seconded by Commissioner Pardo, to deny. So, the idea would be for everyone to vote again because there was a sense of unreadiness by Commissioner Reyes, which is why we 're still continuing to talk about -- Chair King: So we all need to cast our vote again? Mr. Hannon: Yes. Chair King: Okay. Commissioner Gabela: Can't -- does anybody want to defer this? You guys instruct me. Commissioner Reyes: I would love -- I would love to defer this -- Commissioner Gabela: You guys instruct me. Is that worth doing, or should I just shut up and -- Commissioner Reyes: -- and get more information from the residents. And I need more information from the residents, see how I feel. Commissioner Pardo: I would defer. Vice Chair Carollo: But what residents? You 've got a handful of people -- Commissioner Pardo: I would defer -- Vice Chair Carollo: -- claiming that they're representing everybody. Commissioner Reyes: But I -- Mr. Kern: We have boards representing over 2, 000 people. Commissioner Gabela: So, I take back my -- can I take that back and move to defer and see if we got support? Commissioner Reyes: I second that. Commissioner Pardo: And I'll second that. City of Miami Page 210 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: So, there 's a motion on the floor to defer. It was seconded by Commissioner Reyes. All in favor? Commissioner Pardo: Aye. Commissioner Gabela: Aye. Commissioner Reyes: Aye. Chair King: The motion carries to defer the item. To when? Mr. Hannon: What date? Chair King: What date? Commissioner Gabela: Manolo, Carollo, what date? Commissioner Reyes: Any date? Vice Chair Carollo: Whatever date you guys want. Commissioner Reyes: February or March. Commissioner Pardo: February 8th. Chair King: The February 8th meeting. Commissioner Reyes: Okay. Mr. Hannon: And the vote on that, is that 5-0? Commissioner Reyes: To defer. Chair King: To defer? Mr. Hannon: Yes. Unanimous? Chair King: Yes. Vice Chair Carollo: No. Chair King: No. Mr. Hannon: No. Vice Chair Carollo: 4-1. Mr. Hannon: 4-1. Chair King: 4-1. Vice Chair Carollo: Frankly, I just assumed, have you guys voted if you want to tear it down already. And like I said, it's no skin off my back. You're going to be hurting a lot of people that are going to be using that. And I guess we could donate that equipment to somebody in another country, another city in America, that would appreciate that. City of Miami Page 211 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Mr. Kern: How about Parcel B a couple hundred feet away? Commissioner Reyes: Well, you can donate it to me. Vice Chair Carollo: I've used all the ones that we need to. But the reason is because a handful of people, especially the great president of the DNA, that left here saying <expletive> you, <expletive> you, these are the people that we're going to listen to. Commissioner Reyes: Well, let me tell you this -- Commissioner Pardo: Is it possible to reinstall the equipment after there's community input? I mean, I think -- it may not be the equipment, it's the process. It may not be the location. Commissioner Reyes: We are -- we are, with all due respect, we are deferring this and let's hear from the community, and that's it. That's the only thing that I want. Hear from the community, and if you want to -- I'm going to prove my point. It's a division. There are some people that say yes, like in anything. You're never going to have 100 percent. You 're never going to have 80 percent. You always have half and half. And if it is half and half by not having the -- the equipment, then we're hurting the other part of the community, you see. But if the majority wants it, fine. The majority doesn 't want it, then we '11 make a decision then. Vice Chair Carollo: And who -- Commissioner Reyes: And Commissioner Carollo -- Vice Chair Carollo: Yeah. Commissioner Reyes: -- I respectfully request that if you're going to donate it, I am building a new park, you see, you can donate it to me and I will install it in my park. If my community will be very happy to have equipment where they can exercise. They're going to be very happy. Chair King: May we move on to the next item? Vice Chair Carollo: And who is the community that we're hearing from? Are we going to hear from your community -- Commissioner Reyes: no. Vice Chair Carollo: -- my community, the other community and what they want there too, or is this park now a park for four buildings? Commissioner Reyes: We 're going to hear -- you see -- Vice Chair Carollo: Is it a park for four buildings only now? Commissioner Reyes: Let me tell you, Downtown -- Chair King: Commissioner Reyes, may we move -- Commissioner Reyes: -- (INAUDIBLE) now. Chair King: -- may we move on to the next item? Commissioner Reyes: Yes. City of Miami Page 212 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 PZ.4 15243 Department of Planning Chair King: We still have several items to accomplish. Mr. Kern: Thank you for your time. Chair King: Thank you. Thank you. Thank you always for coming. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A WAIVER OF THE LIMITATIONS UNDER SECTION 7.1.2.8(g) OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 40 AND 50 NORTHEAST 54 STREET AND 43 NORTHEAST 53 STREET, MIAMI, FLORIDA. ENACTMENT NUMBER: R-24-0028 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Chair King: Mr. City Clerk, what's the next item? PZ (Planning and Zoning) -- Todd B. Hannon (City Clerk): 4. Chair King: PZ.4. Commissioner Reyes: I have no problem with it. Chair King: Special appearance, 53rd Street Apartments. Commissioner Reyes: Sir? Sir? Are you -- you came here to create problems? Alfredo Gonzalez: I beg your pardon? Commissioner Reyes: You came here to create problems? Mr. Gonzalez: No, not to create problems. Chair King: PZ.4. Sir, please. Mr. Gonzalez: My name is Alfredo Gonzalez, I'm an attorney with offices at 600 Brickell Avenue, Suite 3500. It's my pleasure to be here tonight representing 53rd Street Apartments, the owners of the property that's before you. We're here requesting the waiver of the 18-month wait period to refile a zoning application on the same property. Why are we here? Because the City Code allows you, by a three - member vote, to waive that 18-month period if it's to rectify an injustice, or two, to facilitate development. This is an area that has laid vacant for years. This is an opportunity to create workforce housing, affordably priced housing, and a wait of 18 months is only going to add to the cost of this project. Now this property is particularly suited for this type of development. On 53rd Street, right behind our City of Miami Page 213 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 PZ.5 13965 Commissioners and Mayor - PZ property, is the Jewish Hospital Complex, an institutional use that can be built up to 150 units to the gross acre. In front of us is a four -lane arterial road and it's a connector between I-95 and US 1. So, I don't want to make a big argument as to -- as to the merits of this potential application, but all you're doing today is waiving that 18-month period. If you do, we get to present to PZAB (Planning, Zoning and Appeals Board), to your staff, to you all, the merits of our -- our proposal. We hope you would support us. Certainly, a wait of 18 months means more interest, more cost, less ability to provide the type of housing that we need in the City of Miami. I appreciate your support. Chair King: Commissioner Gabela? Because Vice Chair -- Commissioner Gabela: No, I know. It's your area. Chair King: Yes. Now, what this does, it only waives the 18-month period. It does not approve anything. The community will have an opportunity to be heard. I've already heard from some of the members of the community who are not going to be in favor of this, but this 18-month waiver allows the process to move quickly because we desperately need affordable housing, workforce housing. So that -- that's all it is doing. We're not approving their project. We're just waiving the 18-month requirement so that they can continue to move forward and present the project to PZAB and the community and all of that. So, do I have a motion? Commissioner Reyes: Move it. Commissioner Gabela: Second. Chair King: All in favor? The Commission (Collectively): Aye. Mr. Gonzalez: Promise kept, no problem. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, PURSUANT TO EXPEDITED STATE REVIEW PROCEDURES UNDER SECTION 163.3184(3), FLORIDA STATUTES, BY AMENDING THE "INTERPRETATION OF THE 2020 FUTURE LAND USE MAP" FOR "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO CLARIFY RESIDENTIAL USES WITHIN THIS FUTURE LAND USE DESIGNATION; MAKING FINDINGS; CONTAINING SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14218 City of Miami Page 214 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Gentlemen, would you like to take the PZ (Planning and Zoning) items up next? And then we go back to the discussion items and the RE (Resolution) items that we haven 't taken. Vice Chair Carollo: I'm sorry, we're going where? Chair King: Would you like to take up the PZ items now? Vice Chair Carollo: No, let's finish up with the appointments for boards, appointments for anywhere else that we have to. Chair King: Well, okay, because we have all of the discussion items and then that, so. Vice Chair Carollo: This should be pretty quick. Chair King: Well, the -- so that we can get the PZ items out of the way, because I think we can get the PZ items done quickly and then -- Commissioner Reyes: Okay. Okay, let's go to PZ. We don't have that many, right? Chair King: No, we don't have that many. Madam City Attorney, would you please read the titles into the record for the PZ items that are in play that require you to read them? Victoria Mendez: Thank you, Madam Chair. PZ -- checking my list, one second. Chair King: PZ. 3. Ms. Mendez: That -- that one's in appeal. PZ.4 is a special appearance. PZ.5 is the first ordinance I can read. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: The next one is PZ.8. PZ.8. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.9. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: There was a substitution memo and there was a little typo on the date of the transmission document that we'll amend. And then PZ.10. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And Madam Chair, ifI could just look one second to see if there's any other amendments. Do you have any, Todd? City of Miami Page 215 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Todd B. Hannon (City Clerk): For PZ.9, it also needs to be amended to include additional linkage recommended by PZAB (Planning, Zoning and Appeals Board) pursuant to the substitution memo? Ms. Mendez: Perfect. And then was there something that needed to be modified between first and second reading for PZ.10 that we wanted to mention? The -- apparently, the attachment of noticing for January 11, 2024, needs to be corrected to proof of noticing for January 11, 2024. So we'll amend that between first and second. I think we got everything. Thank you. [Later... Chair King: Okay. PZ.5. Do I have a motion for PZ.5? Commissioner Reyes: Move it. Chair King: Do I have a second? Commissioner Pardo: Second. Chair King: Do we need any discussion? Commissioner Pardo: No. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Commissioner Reyes? Motion carries unanimously. Todd B. Hannon: I'm sorry, that was for PZ (Planning and Zoning) -- Chair King: 5. Commissioner Gabela: 5. Mr. Hannon: So, yes, I already have Commissioner Reyes, seconded by Commissioner Pardo, 5-0. City of Miami Page 216 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 PZ.6 ORDINANCE First Reading 13726 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 "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 1250 NORTHWEST 22 AVENUE MIAMI, FLORIDA ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: Item PZ.6 was continued to the February 8, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item PZ.6, please see "Order of the Day." City ofMiami Page 217 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 PZ.7 ORDINANCE First Reading 13728 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 "T5-L" URBAN CENTER TRANSECT ZONE - LIMITED, TO "T6-8-L" URBAN CORE TRANSECT ZONE -LIMITED, FOR THE PROPERTY GENERALLY LOCATED AT 1250 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN COMPOSITE 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. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo ABSENT: Reyes Note for the Record: Item PZ.7 was continued to the February 8, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item PZ.7, please see "Order of the Day." PZ.8 ORDINANCE Second Reading 14192 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") SPECIFICALLY BY AMENDING ARTICLE 1, TITLED "DEFINITIONS," TO ADD NEW DEFINITIONS; AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," AND ARTICLE 5, TITLED " SPECIFIC TO ZONES," TO CLARIFY AND AMEND THE WAIVER PROCESSES AND ASSOCIATED STANDARDS RELATING TO SETBACKS FOR IRREGULAR LOTS, DOMINANT SETBACKS, PRESERVATION OF NATURAL FEATURES, EXTENSIONS ABOVE MAXIMUM HEIGHTS, ENCROACHMENT OF MECHANICAL EQUIPMENT, ADJUSTMENTS TO BUILDING SPACING AND TO SETBACKS ABOVE THE EIGHTH FLOOR, ADJUSTMENTS TO BUILDING DISPOSITION IN CIVIC INSTITUTIONAL (CI) TRANSECT ZONES, INDUSTRIAL USES REQUIRING ADDITIONAL HEIGHT, AND BUILDING FLOORPLATE DIMENSIONAL STANDARDS; AND AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES," TO UPDATE THE WAIVERS SUMMARY LIST; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14250 City of Miami Page 218 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 MOTION TO: Adopt RESULT: ADOPTED MOVER: Damian Pardo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For additional minutes referencing Item PZ.8, please see Item PZ.5. Chair King: PZ.8. Do I have a motion for PZ.8? Commissioner Pardo: I'll make the motion. Commissioner Reyes: I'll second. Chair King: Got a motion and a second. Is there anyone that would like to have discussion on this item? All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Aye, aye. Aye? PZ.8. Commissioner Reyes: Aye. Chair King: Okay. Vice Chair Carollo: PZ.8. PZ.9 ORDINANCE Second Reading 15125 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"), SPECIFICALLY BY AMENDING ARTICLE 5, SECTION 5.5.2.K., TITLED "SPECIFICS TO ZONES/URBAN CENTER TRANSECT ZONES (T5)/BUILDING CONFIGURATION (T5)," TO ALLOW FOR FENCES AND WALLS IN THE FIRST LAYER FOR USES THAT SOLELY SERVE NEEDS OF NEIGHBORHOOD CHILDREN AND ARE AFFILIATED WITH AN ABUTTING APPROVED RESCUE MISSION; AND AMENDING ARTICLE 10, SECTION 10.3.7, TITLED "SPECIAL SIGN PACKAGE," TO PROVIDE FOR A SPECIAL SIGN PACKAGE FOR BUILDINGS THAT SOLELY SERVE THE NEEDS OF NEIGHBORHOOD CHILDREN AND ARE AFFILIATED WITH AN ABUTTING APPROVED RESCUE MISSION; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14251 City ofMiami Page 219 Printed or/ 02/21/2024 City Commission Meeting Minutes January 11, 2024 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For additional minutes referencing Item PZ.9, please see Item PZ. 5. Chair King: PZ.9. May I have a motion for PZ.9. Commissioner Pardo: I'll make the motion. Commissioner Gabela: Second. Chair King: Commissioner Reyes made the motion. Commissioner Pardo made the second. Todd B. Hannon (City Clerk): And remember, needs to be amended. Chair King: As amended. Commissioner Reyes: As amended. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. PZ.10 ORDINANCE First Reading 15047 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, BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," SECTION 3.14, TITLED "PUBLIC BENEFITS PROGRAM," AND ARTICLE 5, TITLED "SPECIFIC TO ZONES," AND ILLUSTRATION 5.5, TITLED "GENERAL URBAN TRANSECT ZONES," TO ALLOW BONUS BUILDING HEIGHT IN CERTAIN OPPORTUNITY ZONES WITHIN THE "T5," URBAN CENTER TRANSECT ZONE IN EXCHANGE FOR CERTAIN PUBLIC BENEFITS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item PZ.10 was deferred to the February 22, 2024, City Commission Meeting. Note for the Record: For additional minutes referencing Item PZ.10, please see "Public Comments for All Item(s)" and Item PZ.5. City of Miami Page 220 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Pardo: Commissioner, on PZ.10, I would like -- Chair King: I'd like to defer it. Commissioner Pardo: Perfect. Chair King: I'd like to defer it. Commissioner Pardo: Took the word out of my mouth. Vice Chair Carollo: Move to be deferred. Chair King: Yeah, I'd like to defer it. So, I have a motion and a second. All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): And Chair -- Arthur Noriega (City Manager): Defer to when? Chair King: I'd like to defer it to the last meeting in February. Commissioner Reyes: Sure. Mr. Hannon: February 22nd. Chair King: Okay. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 221 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 NA.1 15378 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO RESEARCH AND REPORT BACK ON FINDINGS AS IT RELATES TO A FREESTANDING DIGITAL SIGN BEING CONSTRUCTED AT THE PEREZ ART MUSEUM MIAMI ("PAMM"). ENACTMENT NUMBER: R-24-0030 MOTION TO: Adopt RESULT: ADOPTED MOVER: Damian Pardo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For additional minutes referencing Item NA.1, please see "Order of the Day" and "Public Comments for All Item(s). " Chair King: Okay, what remains? What's remaining? Todd B. Hannon (City Clerk): So, Chair, the City Manager reminded -- a friendly reminder from the City Manager, PI. 1, Commissioner Pardo's discussion item -- Commissioner Pardo: Yeah. Mr. Hannon: -- regarding outdoor advertising. Chair King: Okay. Commissioner Pardo: And there, I just really wanted to address the advertising that's currently -- the structure that's outside the PAMM (Perez Arts Museum Miami) and what I'd like is to direct the City Manager to investigate the validity -- the validity of that permit as soon as possible, and then to direct his office to -- or the Administration to work with my office as far as Code 277, in our City Code, and I'd like to bring that back to the next commission meeting, on January 25th. Vice Chair Carollo: Okay, can you go over that so I can understand what you're asking for? Commissioner Pardo: I'm asking for the City Manager -- Vice Chair Carollo: Yes. Commissioner Pardo: -- to check into the validity of the permit for the structure that's outside of PAMM, currently, being constructed. It's in construction. And then I want -- Vice Chair Carollo: There 's a construction? Commissioner Pardo: Correct. Vice Chair Carollo: Something being constructed? City of Miami Page 222 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 NA.2 15379 Office of the City Clerk Commissioner Pardo: Yeah, they've even sent me a video at 11 o'clock at night of somebody welding on the -- (COMMENTS MADE OFF THE RECORD) Commissioner Pardo: Yeah, that's the huge -- (COMMENTS MADE OFF THE RECORD) Commissioner Pardo: Yeah, that I'm getting calls about, constantly. Vice Chair Carollo: Okay, so you're talking about a billboard then? Commissioner Pardo: Yes. Vice Chair Carollo: Okay. That's outside ofPAMM.? Commissioner Pardo: Right. Vice Chair Carollo: Alright. Commissioner Pardo: Yeah. Vice Chair Carollo: Okay. Chair King: Do I have a motion? Vice Chair Carollo: And what else are you asking for on that? Commissioner Pardo: Asking the Administration to work with me and to look at Section 277 in our City Code so that we can work that section and come back to the next meeting on January 25th. Commissioner Reyes: I move it. Todd B. Hannon (City Clerk): Chair, it's a direction, so -- Chair King: It's a direction, so I'm getting a motion and a second. Commissioner Gabela: Second. Chair King: All in favor? The Commission (Collectively): Aye. DISCUSSION ITEM CITY MANAGER NORIEGA ADDRESSED THE CITY COMMISSION REGARDING HIS SPOUSE'S PLACE OF EMPLOYMENT AND THEIR RELATIONSHIP WITH THE CITY; FURTHER ADVISING THE CITY COMMISSION THAT A FULL REPORT AND ETHICS OPINION WILL BE REQUESTED. RESULT: DISCUSSED City of Miami Page 223 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: And at this time, we are going to have public comment. Do you have --? I have -- the Manager is going to make a statement. Arthur Noriega (City Manager): Good morning, Madam Chair, Commissioners, Mr. Mayor. In light of -- I wanted to -- and I appreciate the opportunity, Madam Chair, for you to give me just a quick minute here. In light of all of the public discussion, both in the media and on social media referenced the company that my wife works for and the work they do with the City, and in spite of the fact that most of the information that's been put in the public realm is either inaccurate or incomplete, I wanted to just put forth to you, I have -- my intent to come back ahead of the next City Commission meeting with a full reporting and accounting of exactly the vendor relationship, the procurement process, the disclosures, everything we did roughly almost four years ago to create transparency around that. That way you 're very well informed with the facts, not just, you know, what's sort of out there in the ether. And on a parallel track, I'm also going to request an ethics opinion with regards to that vendor relationship as well. So, just wanted to put it on the record so that all of you are acutely aware that I'm going to address it and I'm going to address it head on. Chair King: Thank you. [Later... J Chair King: And at this time, I will take up the two pocket items. Do I have a motion for Pocket Item 1 and Pocket Item 2? Vice Chair Carollo: What are those pocket items again, please? Chair King: Hold on a second, hold on a second. Vice Chair Carollo: They could be read. Chair King: Todd. Todd B. Hannon (City Clerk): Pocket Item 1 is just a discussion item. Chair King: Oh, okay. Wait. Okay, so never mind. Commissioner Gabela: Sorry, Pocket Item 1 is what again? Chair King: Is a discussion item. Commissioner Gabela: Oh. Chair King: Pocket Item 2. Then may I have a motion for Pocket Item 2? That is to direct the City staff to engage with the federal legislature, correct? So that they could go after funding for the Underdeck. Commissioner Gabela: Motion. Commissioner Pardo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 224 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 NA.3 15375 City Commission NA.4 15380 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RONALD D. DESANTIS, THE FLORIDA LEGISLATURE, FEDERAL, AND LOCAL GOVERNMENT OFFICIALS, ENTITIES AND INSTRUMENTALITIES, TO MAKE FUNDING AVAILABLE TO SUPPORT THE INTERSTATE 395 (I- 395) HERITAGE TRAIL/SIGNATURE BRIDGE UNDERDECK PROJECT; DIRECTING THE CITY MANAGER TO MAKE THE FINDING OF AVAILABLE FEDERAL STATE AND LOCAL FUNDING A LEGISLATIVE PRIORITY; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-24-0029 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Good morning. Victoria Mendez (City Attorney): Madam Chair? Wendi Walsh: Good morning. Ms. Mendez: I'm sorry, one second. Ms. Walsh: Yeah, sure. Ms. Mendez: Madam Chair, there is another pocket -- if we could label it PI.2 -- that I wanted to make sure that the public is aware if they wish to comment. A resolution of the Miami City Commission urging Governor Ronald DeSantis and the Florida Legislature, federal and local government officials, entities, instrumentalities to make funding available to support the 1-395 Heritage Trail Signature Bridge Underdeck Project; directing the City Manager to make the finding of available federal and state and local funding a legislative priority; further directing the City Clerk to transmit a copy of this resolution to the officials named herein. Thank you. Chair King: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER MANOLO REYES AS CHAIRPERSON OF THE DOWNTOWN DEVELOPMENT AUTHORITY. ENACTMENT NUMBER: R-24-0031 City of Miami Page 225 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 MOTION TO: Adopt RESULT: ADOPTED MOVER: Christine King, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: I nominate Commissioner Reyes to the -- can I do that because I'm the Chair? I can't, huh? Vice Chair Carollo: Yes, you pass the gavel to me. I'll pass it back to you. Chair King: Okay. Here. Commissioner Reyes: I'll (UNINTELLIGIBLE). Chair King: I'm going to make a motion to, because I think this is the easiest one, nominate Commissioner Reyes to the Downtown Development Authority. Commissioner Reyes: I second. Commissioner Gabela: Second. Todd B. Hannon (City Clerk): No, no, no. Who's the mover? Chair King: I'm --I'm the mover. Mr. Hannon: Oh, the gavel is passed? Chair King: Commissioner -- Vice Chair Carollo: I have the gavel. Chair King: Yes. Mr. Hannon: I apologize. Commissioner Reyes: Although -- although -- let me -- let me tell you this. I -- I am not too much in favor of voting now on the boards until we get the -- Chair King: No, we're here. Let's get it done. It's -- Commissioner Reyes: Okay, I want to -- Chair King: -- I have a motion and a -- Commissioner Reyes: -- to nominate Commissioner Pardo -- Chair King: Wait, Commissioner Reyes -- Vice Chair Carollo: Hold on. Hold on. Chair King: -- we have one on -- Commissioner Reyes: Okay, that's -- Vice Chair Carollo: All in favor, signify by saying "aye." City of Miami Page 226 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 NA.5 15382 Office of the City Clerk NA.6 15383 Office of the City Clerk The Commission (Collectively): Aye. Vice Chair Carollo: It passes unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER DAMIAN PARDO AS CHAIRPERSON OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY. ENACTMENT NUMBER: R-24-0032 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Commissioner Reyes: I want to nominate Mr. Pardo to the Omni CRA (Community Redevelopment Agency). Chair King: Do I have a second? I have a motion to nominate -- Commissioner Gabela: Second. Chair King: I have a motion and a second, all in favor? The Commission (Collectively): Aye. Commissioner Reyes: Okay, and -- Chair King: Motion carries unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER MIGUEL ANGEL GABELA AS A MEMBER OF THE MIAMI RIVER COMMISSION. ENACTMENT NUMBER: R-24-0033 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Commissioner Reyes: And I want to nominate Mr. Gabela to the Miami River Commission, since you -- Commissioner Pardo: I'll second. Commissioner Reyes: -- live on the river. You keep an eye on it. Commissioner Gabela: Yes, but, you know, I would like to sit on one of the boards. If you have the Omni -- City of Miami Page 227 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 NA.7 15384 Office of the City Clerk Chair King: Wait, we'll get back -- Commissioner Gabela: -- I'd like to sit on maybe the Bayfront? Chair King: We're going to get back -- we're going to get back to that. Commissioner Gabela: Okay. Chair King: So, right now in play is the Miami River Commission. I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER CHRISTINE KING AS CHAIRPERSON OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY. ENACTMENT NUMBER: R-24-0034 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Let's do Overtown CRA (Community Redevelopment Agency), guys. Commissioner Reyes? Overtown? Commissioner Reyes: Overtown CRA? Chair King: Yeah. Make a motion. Vice Chair Carollo: Move. Chair King: I can't make that motion. Make the motion. Commissioner Reyes: I nominate you, Madam Chair, but I -- I'm still -- I'm going to repeat, I'm not ready to vote on any of the boards, I'm voting because -- Chair King: I understand. Commissioner Reyes: -- until we have the -- Chair King: Can't hear you. Commissioner Reyes: Until we have the -- the audits that we are -- Chair King: Right, right, right. We're going to address that in a -- Commissioner Reyes: -- I mean, that is -- that is my point, you see. Chair King: Right, we're going to address that in our -- City of Miami Page 228 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Commissioner Reyes: You see. Chair King: Right. Commissioner Reyes: I'm not going to vote for any changes or anything, just going to -- Chair King: Right. Okay. We 're going to address that in the next -- Commissioner Reyes: -- do like that, the one that are vacant, and after that, I will not vote for anything -- Chair King: Okay. Commissioner Reyes: -- after we have the -- the -- Chair King: I have -- we have a motion and a second for the Overtown CRA. All in favor? Todd B. Hannon (City Clerk): I'm sorry, who's the seconder? Commissioner Reyes: Aye. Commissioner Carollo: Aye. Chair King: Commissioner Carollo. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. That leaves Bayfront Park Trust. Todd B. Hannon (City Clerk): Midtown CRA. Commissioner Reyes: Midtown. I would like, in my opinion, I would like to leave everything like it is until there -- when we get the -- the audits, and then we see how the performance have been and then we have a reason for -- or reason or not reason, but I would like to have the results. Chair King: There hasn 't -- Commissioner Pardo: I agree. Chair King: There hasn't been a chair for the Midtown CRA since I got elected two years ago, correct? Commissioner Reyes: Yes. Mr. Hannon: But there is a vice chair in case you need a fall back. Chair King: Okay. Okay, and the work of the Midtown CRA, in large part, completed. The mission of that CRA is completed. Mr. Hannon: I would defer to the Manager or the CFO (Chief Financial Officer). Chair King: Just to put it on the record. City of Miami Page 229 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 NA.8 15385 Office of the City Clerk Larry Spring: Larry Spring, Chief Financial Officer, through the Chair. The Midtown CRA was a single purpose CRA to focus on the development of the specific area. The only thing it is doing is paying debt on the infrastructure, which was refinanced, and I think it maybe have -- maybe another five or six years left, just to pay down the debt. So, yes, it's almost done. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER DAMIAN PARDO AS A MEMBER OF THE FLORIDA LEAGUE OF CITIES. ENACTMENT NUMBER: R-24-0035 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Okay, so are we going to take up the Bayfront Park Management Trust? Commissioner Reyes: As I said before, I am not going to vote on anything -- Chair King: Anymore -- anything else? Commissioner Pardo: And I -- Chair King: What about -- Commissioner Pardo: I agree. Commissioner Reyes: -- anything that is filled now until we get the -- the audits. Commissioner Pardo: I agree, I'd also like an opportunity to meet with each commissioner, individually -- Commissioner Reyes: That's right. Commissioner Pardo: -- on that specific, which resides in D2 (District 2), but also, our office is servicing a lot of the issues in -- Commissioner Reyes: That's right. That's right. Chair King: Okay, how about -- how about Florida League of Cities, Miami -Dade -- MDC (Miami -Dade County) League of Cities, you want to hold those off too? Commissioner Reyes: Yes. Chair King: Okay. Commissioner Reyes: (UNINTELLIGIBLE) Pardo, yes -- Chair King: Alright, so we're -- are we deferring the rest to another commission meeting or --? Commissioner Reyes: Well, I'm -- I'm not going to vote for -- until we get the audits. City of Miami Page 230 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 Chair King: For -- but wait a minute, until you get the audit, what about the Greater Miami Convention and Visitor 's Bureau? Commissioner Reyes: Well -- that 's right, you 're talking about -- you 're talking about the Florida League of Cities. Chair King: Right, those. Those -- we 're not auditing those. Commissioner Reyes: Okay, we're not auditing them. Is anybody here wants to be part of that? Chair King: So -- Commissioner Gabela: If the Omni CRA (Community Redevelopment Agency) is talking, can anybody nominate me for the Bayfront Park? Chair King: I keep asking. Commissioner Pardo: We 're going to wait. We're going to hold off on that one. Chair King: We're going to hold -- okay. Commissioner Reyes: We're going to hold off on that. Chair King: Okay. Commissioner Gabela: Okay. Chair King: Alright, so -- Commissioner Pardo: I want to talk to you. Chair King: -- do we want to take up -- Commissioner Pardo: With noticed meetings. Chair King: -- with the Greater Miami Convention and Visitor 's Bureau, Florida League of Cities, MDC League of Cities, and/or the Miami -Dade County Tourist Development Council. Do we want to take these up? Those are -- Commissioner Reyes: Well, it has to be one of us, right? Chair King: Yes, so there -- Commissioner Reyes: I mean, who -- who volunteers to be part of the Florida League of Cities? Chair King: I volunteer Commissioner Pardo. Commissioner Pardo: There you go. Commissioner Reyes: Volunteer Commissioner Pardo, okay. Chair King: I have a -- Do I have a motion? Commissioner Reyes: I move it. City of Miami Page 231 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 NA.9 15386 Office of the City Clerk NA.10 15387 Office of the City Clerk Chair King: So, I have a motion and a second. Commissioner Gabela: Second. Chair King: All in favor? The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER MIGUEL ANGEL GABELA AS A MEMBER OF THE MIAMI-DADE COUNTY LEAGUE OF CITIES. ENACTMENT NUMBER: R-24-0036 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Commissioner Reyes: Now, let's volunteer somebody for the MDC (Miami -Dade County) League of Cities. Commissioner Pardo: Next one in line. Chair King: Commissioner Gabela? Commissioner Reyes: We're going to volunteer Commissioner Gabela. He volunteer for it. Chair King: We have a motion? Commissioner Reyes: I move it. Chair King: A second? Commissioner Pardo: Second. Chair King: All in favor? The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER CHRISTINE KING AS A MEMBER OF THE MIAMI-DADE COUNTY TOURIST DEVELOPMENT COUNCIL. ENACTMENT NUMBER: R-24-0037 City of Miami Page 232 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 NA.11 15388 Office of the City Clerk MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Commissioner Reyes: Okay, that's it. Chair King: No, I'm on the Miami Dade Tourist Development Council. Commissioner Reyes: That 's you. Chair King: Do I have a motion? Commissioner Reyes: I move it. Commissioner Gabela: Motion. Commissioner Pardo: Second. Commissioner Gabela: Second. Chair King: Okay, and I'm also on the Greater Miami Convention and Visitor's -- Todd B. Hannon (City Clerk): Can you call the vote on that? Chair King: I'm sorry, do -- I have a motion and a second. All in favor? The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER CHRISTINE KING AS A MEMBER OF THE GREATER MIAMI CONVENTION AND VISITORS BUREAU. ENACTMENT NUMBER: R-24-0038 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Motion carries. Now, with the Greater Miami Convention and Visitor's Bureau, it's a two-year term. My term is still going. Commissioner Reyes: But you can -- you can serve again. Chair King: Yeah, so I'm saying -- Commissioner Reyes: Okay, well then I'm volunteering you. Chair King: Okay. I have a motion. Do I have a second? Commissioner Gabela: Second. City of Miami Page 233 Printed on 02/21/2024 City Commission Meeting Minutes January 11, 2024 AJOURNMENT Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Okay, that takes care of all of that. Vice Chair Carollo: Now, Commissioner Reyes had another motion that he wanted anything that was not going to be voted upon today to be deferred until an audit would be done. Commissioner Reyes: Yes. Yes. Vice Chair Carollo: So, if you make a motion I'll second it. Victoria Mendez (City Attorney): Commissioner Carollo? Commissioner Reyes: Okay, I'm making a motion that we are -- we are going to defer until we get all the -- all the audits -- Todd B. Hannon (City Clerk): No, no, no. Commissioner Reyes: -- and then we can get our heads together and see who should be where, including DDA (Downtown Development Authority), okay? Mr. Hannon: So, once the audit is completed, then just direct me. There's nothing to defer, just direct me whenever the Commission -- Commissioner Reyes: That's right. Mr. Hannon: -- whenever the Commission is ready for me to bring any of the other items back. Commissioner Reyes: Absolutely. Mr. Hannon: So, once the audit is completed -- Commissioner Reyes: Okay, that -- Mr. Hannon: -- then you can direct me at some time in the future. Commissioner Reyes: -- that is clear, let's move on. The meeting adjourned at 8:01 p. m. City of Miami Page 234 Printed on 02/21/2024