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HomeMy WebLinkAboutCC 2024-04-11 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, April 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 April 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 11th day of April, 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 9:14 a.nz., recessed at 12:16 p.m., reconvened at 2:48 p.m., recessed at 5:36 p.m., reconvened at 7:11 p.m., and adjourned at 7:59 p.m. Note for the Record: Commissioner Carollo entered the Commission chambers at 9:52 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Mayor Suarez: I would also like to incorporate into the prayer a special petition for Commissioner Reyes, who has officially been declared in remission. Applause. Mayor Suarez: So, our prayer is that that always be the case. Right? So, I'll now hand the mic. Chair King: And at this time we are going to welcome Pastor Eric Doss of the Liberty City Church of Christ to lead us in prayer today. Eric Doss: Thank you so much. As Elizabeth Taylor said to her first six husbands, I 'm not going to hold you long. But let us bow and go to God in prayer. Invocation delivered. Chair King: Thank you, pastor. And at this time, Commissioner Reyes, would you please lead us in the Pledge of Allegiance? Pledge of Allegiance delivered. Chair King: Thank you. City of Miami Page 1 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 15883 PROTOCOL ITEM Honoree Presenter Protocol Item Earth Day Mayor and Commissioners Proclamation Arbor Day Mayor and Commissioners Proclamation Miami Police Training Center Mayor and Commissioners Salute Miami Police K-9 Unit Mayor and Commissioners Salute Allapattah Problem Solving Team Mayor and Commissioners Commendation Police and Fire Telecommunications Week Mayor and Commissioners Proclamation Police Benevolent Association Mayor and Commissioners Commendation Mr. George Mensah Mayor and Commissioners Proclamation Chief Joseph F. Zahralban Mayor and Commissioners Proclamation RESULT: PRESENTED 1) Mayor Suarez and Commissioners presented a Proclamation in honor of National Arbor Day. Arbor Day, the 1872 brainchild of Nebraskan J. Sterling Morton, is now an international event that envisions the creation of a green society and fosters environmentally friendly initiatives that ensure livable communities for generations to come. Arbor Day calls attention to the importance of the tree as a renewable energy, resource for wood, fuel, as a foil for erosion, a habitat for wildlife, and a natural canopy to moderate the temperature, enhance the vitality of our business areas, and beautify our community. The City of Miami has implemented the Miami Green Commission that encourages neighborhood groups and individuals to plant trees and, in so doing, improve the urban canopy, and supports the planting of trees by hosting tree giveaways throughout the city in April, distributing five hundred trees to residents of the City of Miami. Elected Officials paused in their deliberations to call attention to the importance of the tree as a renewable resource, therefore proclaiming Friday, April 26th, 2024, as `Arbor Day" in the City of Miami. 2) Mayor Suarez and Commissioners presented a Proclamation in honor of Earth Day. Earth Day was first adopted in 1970 by Senator Gaylord Nelson of Wisconsin, is City of Miami Page 2 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 now an international event that aims to protect the natural environment by individuals, organizations, and governments. Earth Day helps demonstrate the support .for conserving natural resources, appreciating the beauty of the natural world, acknowledging the impacts of human life on the planet, and creating environmental stewardship within our communities. The City of Miami, in partnership with local communities and its constituency, acknowledges the urgent need to address the escalating climate crisis, including the pressing issues of pollution, waste accumulation, increased frequency and severity of heat waves and storms, and the imminent threat of rising sea levels, all of which can have significant impacts on quality of life. The City of Miami continues to pursue its goal of achieving net zero carbon emissions by 2050, acknowledging that the costs of addressing the climate crisis are far less than the costs of not addressing the climate crisis and solving the crisis will take significant public investment, education, and commitment. Elected Officials paused in their deliberations to proclaim Monday, April22'd 2024, as "Earth Day" in the City ofMiami. 3) Mayor Suarez and Commissioners presented a Salute to the City of Miami Police Training Unit. The City of Miami Police Training Unit with its collective expertise and guidance resulted in an outstanding pass rate of 93% in 2023. In the final quarter of 2023, efforts reached new heights as they achieved a perfect pass rate of 100%. This accomplishment is a testament of hard work, professionalism, and dedication to preparing future law enforcement officers for the challenges they will face in the line of duty. Furthermore, this remarkable achievement reflects the relentless pursuit of excellence and commitment to ensuring the City of Miami is served by the most competent and well -prepared law enforcement officers. Elected Officials paused in their deliberations of governance to commend the dedication to continuous improvement and unwavering commitment to the safety and security of the community and for the exemplary performance which sets high standards for excellence in law enforcement training in the City ofMiami. 4) Mayor Suarez and Commissioners presented a Salute to the City of Miami Police K9 Unit. The City of Miami K9 Unit has earned the prestigious Top Team Award at the USPCA Region 1 K9 Trials. This historic achievement not only reflects their exceptional skills but also emphasizes their unwavering commitment to excellence. The Elected Leadership paused in their deliberations of governance to salute and honor their dedication, bravery, professionalism, and the valor they bring to the City of Miami. 5) Mayor Suarez and Commissioners presented a Commendation to the Allapattah Problem Solving Team (PST). The PST received the Unit Citation Award for your outstanding dedication to the constituents of the City of Miami. Their dedication demonstrated exceptional commitment and valor in safeguarding the community. Through their unwavering dedication and teamwork, they have successfully removed a substantial number of illegal firearms from our streets, leading to a safer environment for our citizens. The team has diligently prioritized the reduction of violent crimes to improve the quality of life in the Allapattah neighborhood. Their outstanding efforts led to the following accomplishments in March 2024. Elected Officials paused in their deliberations of governance to commend and honor the Allapattah Problem Solving Team for their relentless efforts which have directly contributed to a reduction in violent crimes, enhancing public safety, and instilling a sense of security in the Allapattah Community and the City of Miami. 6) Mayor Suarez and Commissioners presented a Proclamation to the City of Miami Police and Fire Department's 911 Communications Unit. The City of Miami Police and Fire Department's 911 Communications Unit 911 Public Safety Telecommunicators play a critical role in public safety, homeland security, and City of Miami Page 3 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 emergency response alongside police officers, .firefighters, and emergency medical services who are all considered essential workers. Every day the City of Miami Police and Fire Department's 911 Communications Unit receives more than 2,500 emergency and non -emergency calls for police service. The Emergency Dispatchers and call takers are the calm voices on the other side of the line, the .first to respond and the ones who remain on the line until help arrives. The 911 Public Safety Telecommunicator requires specialized training and skills to gather vital information and make split-second decisions to .form the foundation of an effective emergency response, prevent the worsening of a situation, provide situational awareness to responders, and/or provide life-saving direction. With the advent of Next Generation 911 Public Safety Telecommunicators are now subjected to graphic photographs, audio, and live video streaming from emergency scenes of and 911 Public Safety Telecommunicators must handle the stress of answering thousands of calls each year being the voice on the other end of the call as citizens experience the worst day of their lives. They hear the cries of devastation, listen to the screams for help, and are the support as citizens cope with the loss of a loved one. Public Safety Telecommunicators manage all of this and at the very same time they keep their fellow emergency responders in the field safe. Elected Officials paused in their deliberations of governance to honor both Police and Fire Telecommunicators therefore, proclaiming the week of April 151h through 191h, 2024 as "National Public Safety Telecommunicators Week" in the City of Miami. 7) Mayor Suarez and Commissioners presented a Commendation to the South Florida Police Benevolent Association (SFLPBA). The South Florida Police Benevolent Association (SFLPBA) has stood as a pillar of strength and support for law enforcement personnel and community officials throughout South Florida since its inception in 1963 and has tirelessly championed the rights of its members, promoting professionalism and positive identity among law enforcement officers, thereby fostering a strong relationship between the community and its 6,500+ members. The PBA Hall, through its unwavering dedication and support, has played an integral role in organizing quality events .for seniors in the City of Miami, providing them with memorable experiences during Christmas, Valentine's Day, and Thanksgiving. The Elected Leadership paused in their deliberations of governance to commend the dedicated staff of the PBA Hall for consistently demonstrating a spirit of excellence in their service to the community. Their commitment to providing exceptional customer service during every event held at the facility reflects their unwavering dedication to ensuring the satisfaction of the City of Miami's senior constituents. 8) Mayor Suarez and Commissioners presented a Proclamation to Mr. George Mensah. Mr. Mensah has served with distinction in the Department of Housing and Community Development since January 2004, demonstrating exemplary leadership and dedication to the City of Miami's housing programs. Mr. Mensah's innovative contributions include the design and implementation of the Single -Family Rehabilitation, Homeownership, and Lead Hazard Control programs highlighting his commitment to improving housing conditions for Miami residents. Mr. Mensah's expertise and leadership led to his progression within the department, serving as Property Manager, Contract Manager, and as Director for the past 15 years, where he oversaw all Housing -related matters with diligence, and proficiency. Before his tenure with the City of Miami Mr. Mensah's experience at the Florida Housing Finance Corporation and Neighborhood Housing Services of New York City further equipped him with invaluable knowledge and skills in housing administration and program management. George Mensah's dedication to the field of community development extended beyond his role in Miami, as evidenced by his involvement with the National Community Development Association and his presidency during the 2018-2019 program year and his educational background, including a Bachelor of Science Degree in Civil Engineering from the University of Science and Technology in Ghana and an MBA from the New York Institute of Technology, City of' Miami Page 4 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 ORDER OF THE DAY reflects his commitment to professional growth and excellence. Elected Officials commended and honored Mr. George Mensah and with heartfelt gratitude and appreciation wished him well in his retirement and thanked him for his remarkable career dedicated to enhancing housing opportunities and community development in the City of Miami. 9) Mayor Suarez and Commissioners presented a Proclamation to Fire Chief Joseph F. Zahralban. Chief Zahralban was sworn in as the City of Miami's 19th Fire Chief since the department's inception in 1898, overseeing a Class 1 Fire Department consisting of 802 uniformed personnel and ninety-eight civilian employees. During his thirty-three year tenure with the Fire -Rescue Department, he ascended through various ranks, demonstrating exceptional leadership skills and dedication to the department's mission. In 2011, he was promoted to Assistant Fire Chief/Emergency Manager, taking charge of coordinating citywide emergency operations and directing public information and education efforts; and in 2013, he was further promoted to the rank of Deputy Fire Chief of Administration, where he effectively managed the department's budget and oversaw several key divisions. Chief Zahralban has led the Urban Search and Rescue Team on numerous national and international deployments, showcasing his commitment to serving beyond city borders during times of crisis during his tenure as Fire Chief, he initiated the Comprehensive Cancer Prevention Program (CCPP) and advocated for the establishment of a Wellness Center to prioritize the physical, emotional, and mental well-being of Miami .firefighters. His dedication to community involvement resulted in the expansion of programs targeting inner-city youth, such as the MLK EMS Cadet Program, Community Emergency Response Team (CERT), and the Miami Fire Junior Cadet Program. Chief Zahralban's unwavering commitment to mentoring, encouraging, and training the next generation of firefighters has left a lasting impact on the department and the community it serves. Elected Officials paused in their deliberations of governance to express deepest gratitude to Chief Joseph F. Zahralban for his exemplary service, leadership, and dedication throughout his illustrious career, and wished him a well -deserved and fulfilling retirement. Chair King: Welcome to the City of Miami Commission meeting for April 11 th, 2024. We have this portion of our meeting will be recognizing outstanding individuals for their accomplishments. And I am waiting for my colleagues to join me. So a few minutes and they should all be here. Thank you again for showing up. [Later...] Chair King: Good morning again and welcome again to the City of Miami Commission meeting for April 11, 2024. We're going to begin our proclamation ceremony. I'm going to turn the mic over to the Mayor. Presentations made. Chair King: Madam City Attorney, would you please read your statement for the record? Victoria Mendez (City Attorney): Thank you, Madam Chair. Detailed information about the process, order of business, rules of procedure, scheduling or rescheduling of City Commission meetings can be found in Chapter 2, Article 2 of the City Code, a copy of which is available online at www.municode.com. Any person who is a City of Miami Page 5 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with the City Commission, with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the code section about lobbyists is available at the City Clerk's Office or online at www.municode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this City code section is available at the office of the City Clerk or online at www.municode.com. The City of Miami requires that anyone requesting 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 are part -- as part of the agenda materials will be entered into the record at the City Commission's discretion. In accordance with Section 2-33(f) 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 shall begin at approximately 10:10 and remain open until public comment is closed by the Chair. Members of the publish wishing to address the 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 using 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 the elected officials may consider the comments before taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to elected officials and their staff and the 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 they 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 a 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 support, opposition, and 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 been generally briefed by City staff and the City Attornev's Office on items on the agenda today. Anyone wishing a verbatim record of an item considered at this meeting may request it at the Office of Communications' or view it online at www.miamigov.com. PZ (Planning and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance. This meeting can be viewed live on Miami TV, the City's Facebook page, the City s Twitter page, the City s YouTube channel, and Comcast Channel 77. The broadcast will also have closed captioning. Thank you. Chair King: Thank you, Madam City Attorney. Mr. City Clerk, would you please read your statement for the record? Todd B. Hannon (City Clerk): Thank you, Chair. The procedures jroindividuals 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: members City of Miami Page 6 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 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 1 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? Thank you, Chair. And ill may, I'm going to administer the oath for the Planning and Zoning item. If you '11 be speaking on today's Planning and Zoning item, that is PZ.1, if you're here to speak on agenda item PZ.1, may I please have you stand and raise your right hand? Chair, I do not see anyone standing to have the oath administered for PZ.1, so we may proceed with the remainder of the agenda. Chair King: Thank you, Mr. City Clerk. Mr. City Manager, are there any items that will be deferred or withdrawn from this agenda? 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.9, to be deferred to May 23rd; SR.4, to be deferred to May 9th; SR.5, to be deferred to June 13th; and PZ.1, to be deferred to July 25th. That concludes the items. Chair King: Thank you Mr. City Manager. Mr. Vice Chair, do you have any items that you would like to defer or withdraw? Vice Chair Carollo: 1 do not at this time, however, when we bring up certain discussions later today, I -- after I get questions answered by staff,, I might bring up a pocket item at the time. Chair King: Okay. Let me check with my -- Commissioner Gabela, do you have any items that you would like to defer or withdraw? Commissioner Gabela: No, not at this time. Chair King: Commissioner Pardo? Commissioner Pardo: No. Chair King: Commissioner Reyes? Commissioner Reyes: Yes. I just received this morning, you see, the package for the union contracts. I haven't been able to read them. So I would like to defer RE.4 and RE.5 until next meeting. You see, I believe that every time there is negotiations, we should be informed. We should be part of that negotiation because we are the ruling body. And as of today, I have not received any information whatsoever on the conditions and the terms of the contract. Doesn't mean that I'm against it. I don't know, I haven 't read it. But that I had any previous ideas how that was going to -- I mean, how much or whatever. It is that I think its part of the respect that I -- us, city commissioners, that we receive the package with the conditions and terms of the contract, union contracts, just like if there were fait accompli before. I mean, just place it in the agenda, and then we have to ratify it. I don't think that's the way to work. That's not the way to work. I think that we all should be informed and briefed in what it is in this package, which will take me more than 10 minutes to read it, and I'm not a slow reader. Vice Chair Carollo: 10 minutes for that? You're a real good reader. City of Miami Page 7 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Reyes: No, no, no, 1 said more than 10 minutes. Vice Chair Carollo: Okay. Commissioner Reyes: And I am not a slow reader. So I would like to defer them because I think it's a total lack of respect to me. Vice Chair Carollo: Is that a motion? Commissioner Reyes: It's a motion. Vice Chair Carollo: Second. Mr. Hannon: Chair. Chair. Chair King: Hold on a second. Mr. Hannon: My apologies, I just want to make sure that -- Chair King: Well, let's -- let's take up the other items. Let's set the other items and hold the request to defer RE.4 and RE.5. May I have a motion fbr the items that were identified through the City Manager? Commissioner Pardo: So moved. Chair King: Do 1 have a second? Vice Chair Carollo: Second. Chair King: I have a motion and a second, all in favor? The Commission (Collectively): Aye. Chair King: Motion carries. [Later...) Todd B. Hannon (City Clerk): And then, Chair, my apologies, briefly. For the Order of the Day, I have some sponsor and co-sponsor requests. Commissioner Reyes would like to co-sponsor RE.14. Mayor Suarez and Commissioner King would like to be shown as co-sponsors for RE.22. Commissioner King would like to be shown as a sponsor for FR.1 and Commissioner King would like to be shown as a sponsor for FR.2. Thank you, Chair. Chair King: Okay. I would also like to defer FR.3, until the first meeting in May. Mr. Hannon: That will be May 9th. Chair King: May I have a motion to defer FR.3? Commissioner Reyes: Move it. Chair King: I have a notion and a second. Commissioner Pardo: Second. Chair King: All in favor? City of Miami Page 8 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of' Miami Page 9 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 PUBLIC COMMENT FOR ALL ITEM(S) ON THE AGENDA 15891 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR THE APRIL 11, 2024, CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: And at this time, we are going to open the floor for public comment Please step to each lectern, five at a time so we don't create a fire hazard. And when you speak, please identify the item for which you are speaking. Vice Chair Carollo: Madam Chair. Chair King: Yes? Vice Chair Carollo: Could you please clarify; for the public, what our rules are in public speaking? Chair King: I believe our City Attorney said that. You have two minutes to speak. Give your name, address, and the item for which you will be speaking on. And you can speak on any item before this body on the agenda today. Good morning. Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street. Just in support of both in the PH.1 and PH.2, even though I'm not 100 percent sure if they're already in -- for today's agenda. In the same time I just want to thank you all because my board has six members that are showing up at every meeting, so that means code enforcement is moving forward. And I just want a little request for the five of you. We have seniors that show up in our board, unfortunately, that doesn't have the way or meanings how to clean up the properties for extra garbage they might have accumulate, and I hope that every single one of you are able to give us a hand for those who volunteer to clean up those houses for those seniors. If it's possible, if you have a little bit of room in -- for your employees that have -- to help us with the cleanup, I really appreciate it. The City always has been there, and our board members are very active, and we're trying to help those that doesn't have no more family members and they need help. So I hope that you guys can have that open door, as always, for us to be able to reach out to you guys and give us a hand and we get volunteers. But maybe if it's too much trash and they need an extra maybe pickup, that you guys can be able to provide us that system. And I think I really appreciate it. We're really active in District 5 and District 4 are the ones that were more lately have show up. So we hope that you guys and your own district be able to give us a hand for the seniors that doesn 't have anybody to help them. So thank you so much and have a nice weekend. Chair King: Thank you. Good morning. Valerie Riles: Good morning, Madam Chairwoman, Commissioners, Valerie Riles, Adrienne Arsht Center, 1300 Biscayne Boulevard. And I'd like to yield my time to the Chairman of our Board, Richard Milstein. Richard Milstein: Thank you. Good morning -- Chair King: Good morning. City of Miami Page 10 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Mr. Milstein: -- Madam Chairwoman, Commissioners. Thank you very much. I'm here today on SR.2 and SR.3. I'm Richard Milstein. I'm chair of the Adrienne Arsht Center Trust at 1300 Biscayne Boulevard. We 've been here through several meetings, so today I'm not going to repeat what's been said. I'm going to talk from my heart. I'm a product of the Miami -Dade public schools. I graduated from Miami -Dade Junior College. I went to University of Miami undergraduate and University of Miami Law School. After graduating law school, I had the opportunity to leave this community, but I didn't, as many of my friends did, and create a brain drain. I chose to stay because 1 saw an opportunity in this vibrant, futuristic city, and that 's why I'm here today. 1 remain, so now as you can see, now Fin the chair of the Arsht Center Board after over 40 years of having attended the first meeting to determine whether or not we could have a performing arts center. They said it might not be done. You build it and they will come and people have come. Today 1 speak on behalf of our residents who deeply feel about the community and the needs of the arts. Some of our residents are here today. You do not hear from the residents that love this community and its growth. It's a natural phenomena that we hear from the people that are not happy with something and they're more vocal than we are. But today and our previous meetings, we've shown that our community is interested in the arts and interested in culture. So let me speak on behalf of some statistics on what the Arsht Center has done for this community. The Arsht Center annually serves over 400,000 residential and visiting patrons, generating an annual economic impact of $52.5 million, creating 1,600 local jobs. In a typical year, the center employs over 600 people, as well as additional subcontractors, and presents over 4,000 artists. More than 50 percent are local. The Arsht Center is the first performing arts center to have paid interns. We have an apprentice program, which, upon conclusion, gives the apprentices a union card to work on the all-important behind -the -scenes needs. Since opening in 2006, the center has driven more than $1 billion in new public and private investments in downtown Miami, including two major museums, forming a cultural dynamic. While the Arsht Center seeks to serve all members of Miami -Dade County, we do target specific communities and the groups with programming to encourage participation in untapped constituencies by eliminating geographical and financial limitations. We also do more than 100 performances off campus across the county. The Arsht Center also provides hundreds of complimentary tickets to local nonprofits and youth organizations to eliminate financial stress. In addition, we have 80,000 students come through our doors between K and 12 every year. We have access to the arts for youth and adults of all abilities, free gospel Sunday, the Heritage Program, the Juneteenth Program -- celebration, AileyCamp, Jazz Roots, Sound Check, Family Fest, and Arsht on the Road. The center is downtown Miami, and within a county of about 2.7 million people, we typically attract 20 million residents, I mean tourists and visitors to our country -- to our county I should say. Many are drawn because of our cultural community. The importance of the exposure and the revenue from the signage we're talking about is instrumental for the Arsht Center and the cultural community to continue to thrive and educate. Today I'm asking you to please approve the signage by permitting the installation of the Arsht Center campus with the signage as accepted. Thank you very much. Chair King: Thank you. Good morning. Spencer Crowley: Good morning, Madam Chair, Commissioners. My name is Spencer Crowley, 98 Southeast 7th Street. I'm here today in my capacity as the Miami -Dade County Commissioner to the Florida Inland Navigation District, where I also serve as chair. We want to express our support for two items today on the City Commission Agenda. SR.7, which is a second reading, an ordinance that basically harmonizes the due process period for removal of derelict vessels with the state time periods. That should help make this process run smoother. And we're also here supporting RE.15, which is an item that authorizes the City to apply for $200,000 City of Miami Page 11 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 from FIND (Florida Inland Navigation District) for derelict vessel removal. This is an increase over a previous item that you heard last month. We were able to work with the City staff to increase that amount of money. So we're here supporting those two items. While I'm here, I also want to mention that we have two other small-scale grant programs that I want to make sure you all are aware of. One is a small-scale derelict vessel removal. It's $75,000. It could be used in a shorter time period and for emergency purposes. That grant is expiring later this summer, so I hope the City will come and apply for that. There 's certainly a need. The other is a small-scale spoil island restoration grant, $60,000, that can be used to clean up trash and maintain the spoil islands of Biscayne Bay. So, thank you for your support and 1 look forward to working with you all. Chair King: Thankyou. Good morning. Monique McCartney: Good morning, Chairwoman King, Commissioners. My name is Monique McCartney and my Adrienne Arsht Center address is 1300 Biscavne Boulevard. I respectfully yield my time to our President and CEO, Johann Zietsman, to speak on items SR.2 and SR.3. Thank you. Johann Zietsman: Good morning, Chairwoman and good morning, Commissioners. My name is Johann Zietsman. I'm the president and CEO of the Adrienne Arsht Center, 1300 Biscayne Boulevard. Thank you for the opportunity to speak, and I urge you to vote against SR.2 and SR.3. Okay. During our previous presentations, we stated very clearly that our proposed digital signs were in full compliance with all the current requirements of FDOT (Florida Department of Transportation), the County, and the City of Miami. We were also clear about our commitment to ensure the signs do not shine into residential units, which are more than 500 feet away and on the opposite side of the new signature bridge, which will emit far more light than our signs can. Compared to the vehicle lights, the surrounding murals and lit buildings, our signs are insignificant in terms of lighting, as you can see in the image. However, we heard the concerns, and in response to some of the comments we heard, we submitted a compromise proposal to the Chair that reduces the size of the signs from the allowable 1,500 square feet to 1,300 square feet. It would limit the hours of operations. At night, we offered it would go dark at 2:00 a.m., but after some discussions with some commissioners, we agreed to go dark at midnight. We also will control the light emission. We will also guarantee that the Arsht will have more content on it and limit the types of content on the signs to ensure that there is no controversial or potentially unsavory content. These are all clear requirements in our compromise proposal. We submitted these compromises in good faith, hoping that members of the Commission would consider it in the same spirit. The Arsht Center has been a good neighbor and a community builder for 18 years, as you heard from our chair, and we are committed to continue being worthy of our position as a prime cultural destination. Our application is in pursuit of that commitment. The additional exposure from these signs will attract attention to our world -class work. Feedback from a recent survey shows that a majority of those surveyed are not aware of all the excellent, diverse, and cornrnunity focused work we do. We are proud of that work, and these signs will bring much needed exposure. The additional revenue generated from these signs will go directly to support the sustainability and the expansion of our education and community engagement work for which the Arsht Center is known nationally. In this post-COVID era, it is challenging to develop new and sustainable revenue streams for community work. Revenue from these signs is a creative way to address that need. Agreeing to SR.2 and SR.3 would stop unwanted signs in sensitive areas such as parks and residential areas, but it would also cause the unintended and destructive termination of our ability to gain more exposure and revenue. Our proposal brings many positive results and none of the negative concerns applies to our sign. We ask you respectfully to allow us to complete this worthy project by voting against SR.2 and SR.3. Thank you very much. City of Miami Page 12 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Chair King: Thank you. Good morning. Marvin Dunn: Good morning, Madam Chairman and members of the board. I'm Dr. Marvin Dunn. My address is 8541 Southwest 181 Street, Palmetto Bay, Florida. I am here to ask your support for the Overtown Community Garden that we established on a vacant lot on Northwest 3rd Avenue to grow food to give away to members of the community and also to give away history books and literature to the community as well. I did send the members of the board some photographs of our site and I request that the board support our work in Overtown. We're trying to hire three people full time and expand our garden to a two acre site that's been offered to us by a developer. So we'd appreciate your support and any direction as to how we should proceed to make this a formal request. I would appreciate that. Chair King: Thank you. Mr. Dunn: Thank you. Chair King: Good morning. Jay Solowsky: Good morning, Madam Chairwoman, members of the Commission. My name is Jay Solowsky. I reside at 2127 Brickell Avenue here in Miami, where I've been a resident since 1976. I am here individually and in my capacity as Vice President of Brickell Homeowners Association, and I stand before you in opposition to SR.2 and SR.3. The original meeting for the first reading, I read to you and filed in the record a letter from BHA (Brickell Homeowners Association), which I will read into the record once again. I write this letter on behalf of the Brickell Homeowners Association to communicate our support for the media installations at the Perez Art Museum and Adrienne Arsht Center. As passionate members of downtown, we are eager for projects that enhance the neighborhood, amplify the impact of public art, promote the programming within the arts institutions, and generate revenue to fund arts and culture. Further, the renderings that we have received of the projects were creative, aesthetically appealing, and fit well with the ethos of each organization. We also appreciate that the proposed projects meet the illumination requirements in the Code and will not create light impact on the neighboring buildings. Please allow this letter to serve as our endorsement of both the PAMM (Perez Art Museum Miami) and the Arsht. We oppose SR.2 and SR.3. And individually, I tell you, as someone who has litigated for 45 years, you don't have the facts, you don't have the law. As Abraham Lincoln said, a settlement is the adversary resolution of an adverse conflict. We ask that you engage in that process and not cost the citizens of Miami what could amount to $100 million or more in damages suffered not only by the PAMM and Arsht, but by the vendor before you. It's a little late in the game to change the rules. These are just about out there. They're vested. We urge you to do this. Thank you. Chair King: Thank you. Good morning. Jesus Villarreal: Good morning. My name is Jesus Emmanuel Villarreal. I'm a Miami resident at 5261 Southwest 3rd Street here in Miami. I'm here to speak in opposition to SR.2 and SR.3 and to communicate my support for the media installation at Perez Art Museum. Being both a resident and an artist of Miami, Fin deeply entrenched in the Miami's cultural scene. I'm enthusiastic about initiatives that enrich our community, elevate the presence of public art, bolster the activities within artistic institutions, and contribute to the financial backing of the arts and culture. I kindly urge you to cast your votes against SR.2 and SR.3. Thank you. Chair King: Thank you. Good morning. City of Miami Page 13 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Jeff Dorfman: Good morning. My name is Dr. Jeff Dorfman. 1 live at 2020 North Bayshore Drive. 1 am treasurer and board member of Biscayne Neighborhoods Association. Downtown Miami is a residential neighborhood that has a waterfront park with museums. It is not Times Square. Biscayne Neighborhoods Association and Downtown Neighborhoods Alliance collectively representing over 12,000 local apartments, the Downtown Development Authority and the Frost Museum of Science oppose these oversized outdoor advertising signs. They are not necessary. The City of Miami has been consistently plagued by undue influence of money. This ordinance was introduced in 2023 by Alex Diaz de la Portilla when there was no District 2 Commissioner. He received significant contributions from outdoor advertising special interests. He was later arrested on charges of money laundering, bribery, criminal conspiracy, and illegal compensation for official acts. There is an opportunity to further compromise on this oversized outdoor sign issue. BNA (Biscayne Neighborhoods Association) and DNA (Downtown Neighbors Alliance) and others must be part of this discussion. Otherwise, we are prepared to undertake all legal and forensic accounting means to stop it. Thankyou. Chair King: Thank you. Good morning. Beatrice Gonzalez: Good morning. My name is Beatrice Gonzalez, Director of Lotus House, located at 217 Northwest 15th Street. Commissioner Reyes, congratulations on the progress to your health. We're happy to hear. I'm speaking on Item RE.7, obviously in support of the consideration for funding for Lotus House. Today we 're sheltering approximately 520 women and children, and we operate at that capacity on a nightly basis, with more than half being children and more than 35 percent under the age of 4 years old. We are so grateful to the City of Miami for the ongoing support and funding. We urge you to please vote yes on item RE. 7 so that we can continue our life -changing work. As Commissioner Carollo mentioned, the pandemic has changed a lot in our landscape and it has deeply impacted families in our community and will continue to impact them until they can recover financially. We have to unfortunately turn away women and children every day due to an overwhelming need and this funding is critical so that we can continue to uplift the lives of the most vulnerable. Thankyou so much. Chair King: Thank you. Good morning. Mark Rosenblum: Good morning. My name is Mark Rosenblum, Chief Operating Officer, Perez Art Museum Miami, PAMM, 1103 Biscayne Boulevard, Miami, 33132. I'm here today in opposition of SR.2 and SR.3. The theme of my previous visits was to remind this commission of how much we at the art museum appreciate our 40-year relationship with this city, how valuable it is to have a partner like PAMM in District 2, how material our impact has been on the growth of this community. I thank you for working with us and understanding our needs as we recently delivered a plan to members of this commission and hope for consensus around a compromised outcome. We are obviously very concerned about the impact these items would have on our fully approved and near completed sign. We urge the Commission to reject the current versions and amend the language to allow us to finish the project. PAMM and its partner, OBM (Orange Barrel Media), have been in good faith from the start following the requirements of the City and the State. The City ordinance allowing us a clear path was approved more than a year ago, January 2023. The building permit was issued in October and tremendous efforts have been made to deliver an outcome that will accomplish the following: connect PAMM to the many communities it serves, amplify the tremendous work and success of our institution, and most importantly, sustainability, allowing the museum a dedicated source to fund present and future capital expenses. In summary, thank you all in advance for finding a way to move forward together and for your continued support of the arts and Miami's flagship museum. City of Miami Page 14 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Chair King: Thank you. Good morning. Patrick Jackson: Great morning, Chairwoman Christine King, to the entire Commission and to all those that are present and to all those that are not present, salute you and give great honor unto each of you. My name is Mr. Patrick C. Jackson. I am a proud resident, new resident, at 1501 Northwest 62nd Avenue, Apartment 104, and I live in a property that is known as the residence at Martin Luther King. Today, I'm speaking on behalf of myself, and I'm speaking on behalf of when I come to this city hall building, the lack of customer service that 1 receive. So nay words are not pleasant words, but they are words of my experiences. When -- I'm a U.S. Marine veteran. Chair King: Pastor, what item are you speaking on? Mr. Jackson: I'm speaking on customer service. I was informed that I could have two minutes to speak. Chair King: On any item before us, before the Commission. Mr. Jackson: So, Chairwoman -- Chair King: Go right ahead. Mr. Jackson: Understood. Thank you. 1 want to give an example of the community that I live in, which is in Liberty City or in Overtown. My community, these are just about eight different police cards that I've had to call, and because my car has been broken in and the list goes on, I'm not going to spend all my time discussing all of that. And my community is underserved because it's in Liberty City, Overtown, et cetera. And when I come here to conduct professional business, I'm greeted very rudely by a security guard. I'm greeted very rudely because the first thing they begin to do is speak Spanish and I don 't speak Spanish. I'm treated very rudely because they say I have to have a meeting and I'm able to prove that I have a meeting. Then I asked to speak to the City Manager, three weeks later, and they feel as if -- that I don't deserve the right to speak to the City Manager. Well, I believe in the City of Miami -- I'm from St. Louis, Missouri, and Missouri, we're from the Show Me state. And I'm not here to prove anything, but Miami is extremely, rude. Chair King: Thank you. Mr. Jackson: And it begins with the -- it begins at the top. Chair King: Thank you. Mr. Jackson: And I am here to express that, and thank you, Madam Chairwoman. I am a man under authority. I served 10 years in the United States Marine Corps. Two combat tours. I suffer from no mental illness and I'm grateful to serve and it's an honor to be here today. Chair King: Thank you. Good morning. Therese Vento: Good morning. My name is Therese Vento, general counsel of the Perez Art Museum Miami, 1103 Biscayne Boulevard. I'm here today in opposition to Agenda Items SR.2 and 3, as they are currently worded. I am also quoting Abraham Lincoln, who was a renowned trial lawyer as well as a revered President of the United States, a good settlement is better than a good lawsuit. Those seem to be good words for this Commission to live by when it comes to the digital sign that PAMM has City of' Miami Page 15 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 erected in reliance on this Commission's signed ordinance of more than a year ago. In the past several Commission meetings, PAMM and Arsht have highlighted the significant financial harm they will suffer if the existing signed ordinance is repealed without grandfathering them, and the legal exposure of the City is obvious. When parties are looking for a compromise that avoids litigation, each side gives in a little to find that sweet spot that allows them to live with the result and wisely allows them to preserve a healthy relationship for the long run. PAMM believes that what several members of the Commission have asked of PAMM, to work together with the Commission to find that sweet spot, and in good faith, PAMM has done so. PAMM has suggested compromises on the issue of content of its sign, its brightness, and hours of operation. It is now this Commission's turn to act in good faith by accepting those compromises and carving out PAMM and Arsht from the proposed digital sign ordinance and the moratorium regarding signs. The moratorium is just a sly backdoor way of doing what the sign ordinance does from the front door, preventing PAMM from getting the authorization necessary to activate its existing sign. PAMM respectfully requests that the wisdom of Abraham Lincoln be followed and both PAMM and Arsht digital signs be specifically excepted out of both of the moratorium and the sign ordinance because a good settlement between these parties is better for the City than defending against a good lawsuit. Thank you. Chair King: Thank you. Good morning. Richard Dunn: Good morning, Madam Chairwoman, to all of the Honorable Commissioners. My name is Richard P. Dunn 11. 1 live at 1895 Northwest 57th Street, right in the city of Miami. I'm here to speak on Item RE.14. And I want to commend you, Madam Chairwoman, for your insight and your vision for recognizing a former citizen and former commissioner of this august body to be recognized and having an area renamed after him in the late great Reverend Dr. Edward T. Graham. I'm here on many fronts. I actually grew up with his grandsons who are here, my father, and his son-in-law, Dr. Graham's son-in-law and my father were very close friends, and now we all share the camaraderie of being part of the greatest fraternity in the world, the Omega Psi Phi Fraternity, Inc. So I'm honored to be here. And also, he served in many capacities, not just in the City, but also as a Miami -Dade County Commissioner, and he was responsible for bringing Florida Memorial University, which was then college, from St. Augustine, Florida, to Miami, Florida, when he served as the Chairman of the Board of Trustees for them. I want to salute and congratulate Commissioner Manolo Reyes. God is good, and he still does hear and answer his prayer. And also to all of my friends, Commissioner Pardo, all of you, God bless you, and I hope that you will follow our Chairwoman's lead on supporting this very, very well -deserving honor in recognition of the late, great Reverend Dr. Edward T. Graham. Chair King: Good morning. Robert Tofolo: Good morning. My name is Robert Tofolo. I'm the Chief Financial Officer at the Perez Art Museum, 1103 Biscayne Boulevard, Miami, 33132. Today, I'm speaking in opposition to Agenda Items SR.2 and SR.3, unless we can reach a compromise that preserves the digital sign currently under construction on PAMM's campus. PAMM has made the strategic decision to diversify our revenue streams, and this project will contribute to the sustainability of the museum and allow us to continue our mission into the future. We firmly believe that PAMM is an integral part of the downtown community, enriching the city's cultural landscape through our diverse programming and events. The initiatives we offer contribute to making the arts accessible to all residents of Miami. The digital sign gives us great enthusiasm and anticipation. Its design reflects our commitment to innovation and creativity serving as a beacon for arts and culture in our city. I ask you to stand with us in City of' Miami Page 16 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 support of the arts and culture by opposing SR.2 and SR.3 as written. Thank you again for your time. Thank you. Chair King: Thank you. Good morning. Stanley Young: Good morning, Commissioners, Madam Attorney, City Manager, and staff I'm here today for R -- My address is 500 Northwest 2nd Avenue, Miami, Florida. I enjoy living in the city of Miami. And what I'm here today is to talk about RE.6, RE.7, the talks about getting unsheltered families and children into a shelter, getting them into a place of safety. My name is Chaplain Young. I'm one of the chaplains that walk the streets of Miami, and I talk to the homeless, 1 talk to the mentally ill, I talk to those who are suffering from substance abuse, to try to get them into the shelters, try to get them into treatment centers, trying to get them into mental health. 1 do this on a weekly basis. So I'm excited that the city of Miami is now stepping up to shelter these unsheltered individuals because they need your help. They may not be able to come down here and tell you their story. That's why I'm here, to let you know that they need your help. They need your assistance in helping them get off the streets. There are a lot that want to get off the streets, but you know and I know that the shelters are full. So we need to step up to develop more affordable housing, more shelters to get them off the streets so we don't have to bury or have any one of these men and women. I spoke to a mother just yesterday -- Chair King: Thank- you. Thank you. Mr. Young: Thank you. Chair King: Good morning. Anthony Parrish: Good morning, Commissioners. Thank you for having us here. I was glad to be here today to hear the outgoing police chief. That was a memorable speech. I've heard a lot of them. I've been coming down here a long time. So it was great to hear. And if he runs for commissioner, whatever district he's in, we should vote for him. Anyway, I was going to speak about other issues. But I'm going to speak on SR.2 and SR.3. I'm in support of them. And here's why I was -- when one of the speakers stood up and said, we're willing to compromise to go to 1,350 feet, I was looking at the wall behind you, Commissioner King, Chairwoman King, that 's about 20 feet wide between those two sconces. From where you're sitting up to the roof is about 30 feet. So that's 600 square feet. So their compromise would be twice the size of the wall behind you going up twice as high between those two sconces. That's the size of their compromise that they're proposing for their signs. I don't think anybody in their right mind wants signs in our city that are twice the size of that wall behind you, between those two sconces. I mean, turn around and look at it. It's incredible that that is the compromise that's being proposed. In the future, though, what the Chief was really saying is, even if something isn't illegal, doesn't make it right. We rely on our commission to do what's right. Your staff is in charge of making sure you don 't vote on anything that isn't legal, but your duty is much more than that. And thank you very much for having us today. Thank you. Chair King: Thank you. Good morning. Christine Rupp: Good morning, Chairwoman King, Commissioners, City Attorney and City Manager. Christine Rupp, Executive Director of Dade Heritage Trust. I'm here speaking in support of RE.13, which recommends further oversight when it conies to the City's historically designated buildings. I'm certain this is in response to the historic DuPuis building in Little Haiti that suffered demolition by neglect. I can tell you that the City's historic preservation ordinance is quite strong and the City does have tools in its toolbox already to assist in assuring that these conditions don't City of' Miami Page 17 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 happen again. Certainly staffing is an issue in assuring that the Preservation Office is staffed properly to be able to provide oversight and ensure compliance with agreements that already exist. And 1 want to let you know that Dade Heritage Trust, within its expertise and connectivity in the preservation community, will be happy to work with staff when it comes to policies and procedures that would assist in this policy recommendation. Thank you. Chair King: Thank you. Good morning. John Dolson: John Dolson, 4205 Lennox Drive, Coconut Grove, Florida. I'm here in support of RE.20, SR.3, and D1.l. First place, Andy Parrish said it really well on the size of those billboards. That's insane. We don't need things that big around here, and 1'd prefer not to have this city look like Times Square. This -- everybody you see talking in favor of those oversized billboards have a vested interest. It's not the citizens of Miami. I'll move on from that. In terms of RE.20, we have something to celebrate yesterday. Yesterday, a federal judge struck down the gerrymandering that was done by prior commissioners that benefited, personally, two of our commissioners. And our city attorney, through that whole process over a period of three years, continued to aid and abet that process, which has been struck down. And thankfully, we're going to get a new boundary for boundaries in this commission. So I think it's time for the City Commissioner to just move on, okay? And Mr. Noriega, when you get a chance today, I'm hoping you'll shed light on some of the things that look a little shady going on with this Commission. Thank you very much for your time. Chair King: Thank you. Good morning. Terrell Fritz: Good morning, Madam Chair and City Commissioners. My name is Terrell Fritz, the Executive Director of the Flagler Business Improvement District, and I'm at -- I live at 111 East Flagler Street in downtown Miami. On behalf of the Flagler District BID, I would like to support, strongly support, the repeal of the outdoor signage provisions and especially to thank you for, at first reading, striking the Olympia Theater from the list of approved locations. The Olympia Theater is a historic treasure in downtown Miami and any and all future signage on that building needs to understand the architectural, incorporate that as part of that, and help us celebrate that fine historical and cultural institution in downtown Miami. So I thank you for your support. Chair King: Thank you. Good morning. Deborah Dolson: Good morning, Debbie Dolson, 4205 Lennox Drive, Coconut Grove. I'd like to speak on RE.20, SR.3, and DI1. First of all, I support the appointment of John A. Greco as city attorney. Eight years ago, I was in this very room with probably a few other people who are here today, but none of you were commissioners at that time, and Ken Russell brought an agenda item to the floor documenting his desire to remove our city attorney, Victoria Mendez. That was eight years ago. And at that time, that did not pass at that particular meeting. But in the eight ensuing years, we still have questions, there are swirling accusations, and issues that have never gone away. So I think it's time to replace Victoria Mendez, and I would like you to support RE.20. Similarly, Mr. Noriega is also surrounded by, excuse me, a swirl of questions that affect the trust of the residents. And I think that's something very, very important when you discuss that. And in both of these situations, sorry, character counts. Billboards, how many times do residents have to come up and talk about quality of life? We have codes for a reason, and the gentleman that got up earlier talking about how the billboard would attract attention, that 's not a good thing. I was down there driving yesterday. We don't need a billboard bigger than my house, probably twice as big as my house, attracting the attention of drivers. That is not safe. We have safety concerns, and that is a huge one. So please -- City of Miami Page 18 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Chair King: Thank you. Ms. Dolson: -- please take that into consideration. Thank you. Chair King: Thank you. Good morning. Peter Ehrlich: Good morning, Chairman King, Commissioners. My name is Peter Ehrlich, 243 Northeast 59 Terrace in Lemon City and I'm here to speak on SR.2 and SR.3. I'm a board member of the Urban Environment League and a co-founder of Scenic Miami and I'm also on the Virginia Key Advisory Board, although I'm not here in that capacity. I'm here as a citizen asking you to do everything you can to oppose billboards. Billboards are visual pollution. LED (Light -Emitting Diode) billboards are the absolute worst form of visual pollution. Tourists and residents do not come to South Florida to be distracted by ads and signs, particularly LED ads that change every six or eight seconds. We hope you'll do everything you can to stop the proposed billboard that's going up at the moment on the Ferre Park, adjacent to the Perez Art Museum. It's absolutely horrendous. Its massive, massive size is clearly illegal or should be found illegal if the Florida Department of Transportation weighs in on the matter, and we think they will. We hope they will. In the meantime, please do everything you can to pass the legislation, SR.2 and SR.3, and everything you can to oppose billboards, particularly the absolutely disgusting LED billboards. Thank you very much. Chair King: Thank you. Good morning. Aaron Demayo: Good morning. Thank you for having me. My name is Aaron Demayo, residence at 133 Northeast 2nd Avenue. I'm here in my capacity from the City's Climate Resilience Committee, of which I'm the chair, and we passed a resolution discussing the transition to electric leaf blowers, which also came before you at the last meeting and was deferred pretty late into the evening. I won't be able to stay all day, but my responsibility in that capacity is to be here for the item. If you could move it earlier in the morning, I'd greatly appreciate it. We've had 27 public comments at our committee, all in favor of this resolution, and there were also public comments at the last commission in favor of it. It's because there's a lot of benefits toward a transition to electric leaf blowers. There's greenhouse gas emissions reductions. Despite the small size, they actually emit quite a bit. There's also fine particulate that comes out in that exhaust, which is so small that when we breathe it in, it can go into our bloodstream and negatively affect us. There's also the loud noise. Higher decibel ratings can affect human health. And then there's already numerous examples of options that you can buy off the shelf right now. Our city operations already utilizes them. When I was walking in today, the restaurant next door was utilizing an electric leaf blower to clean their facility. It's pretty simple to transition. There is a preemption that may pass from the state -- Commissioner Reyes: That's right. Mr. Demayo: -- but that shouldn't stop us from still making other options. So fbr instance, our city operations already utilizes a lot of electric leaf blowers, and what I'd request today is a little bit amended from this, is perhaps looking into how city operations can continue to transition, should they see fit. Maybe also ask staff to look into what other municipalities have already done and prepare that if that preemption does not occur, or when it expires, that we're prepared to move forward on that. And then lastly, maybe there could also be a small program where you select a couple local private sector lawn care companies and let them utilize some electric ones and see how they like it. Thank you all for your time today. City of Miami Page 19 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Chair King: Thank you. Good morning. Michael Llorente: Good morning Madam Chair, Commissioners. Mike Llorente, LSN (Local State National) Law, 3800 Northeast 1st Avenue, representing Outfront. Madam Chair, Commissioners, it's not easy to fix mistakes in public view and I commend this body for having the courage to fix a mistake by approving Item SR.2. The conversation on signs has been messy. There have been requests for carve -outs and threats of litigation, but there's something important that I think has been lost in the conversation, and that is that a lot of the conversation has focused on two signs that are illusory. They can't be built. They are far outside the City's zoning regulation and authority. Two of the three proposed signs are at the Arsht Center. The Arsht Center is zoned RTZ (Rapid Transit Zone). And what that means is that the City does not control what is built or what is permitted at that site, the County does. So there can be no carve out. There can be no sign at the Arsht Center. There's another problem with the Arsht Center, which is that the owner of the Arsht Center, Miami - Dade County, owns the land and the improvements, has not authorized anybody to build anything at that site. Under the Arsht Management Agreement, Board of County Commission approval is required for a project like the one being discussed here in this chamber. The Arsht signs, Commissioners, and the litigation threats tied to them are illusory. 1 want to give one final note on the PAMM sign, which, as we all know, is being constructed as we speak, also without the landowner's consent and also in violation of a lease agreement. Orange Barrel can't turn on that sign without getting a City sign permit. And that City sign permit includes an affirmation from Orange Barrel and PAMM that they have no vested rights and that the City is indemnified. So in conclusion, Commissioners, we ask you to adopt item SR.3 and right the wrong, fix the mistake. Thank you. Chair King: Thank you. Good morning. Aric Kurzman: Good morning, Madam Commissioner, Commissioners. My name is Aric Kurzman. I'm a long-time resident of the City of Miami, District 5. I'm in here -- I'm appearing in my capacity as general counsel of the Adrienne Arsht Center, address is 1300 Biscayne Boulevard, Miami, 33132. I'd like to address certain inaccuracies raised during today's public comment session. Recently, the County sought clarification on a few matters through a letter to the Arsht Center, to which we promptly responded. First, Arsht Center has the explicit authority under its operating agreement with the County to enter into license agreements for advertisement services with third party vendors. Second, County approval is not a prerequisite for entering into the license agreement for two digital signs on our campus, given that no capital expenditure will be necessary from the Arsht Center. Third, the procurement of these signs adhered strictly to and actually exceeded the Arsht Center's procurement policy, a policy duly approved by the County Commission. And last, the County issued a zoning verification letter explicitly stating that the approvals and regulation of the two digital signs on our campus would fall under the jurisdiction of City of Miami and its code of ordinances, irrespective of the Arsht Center's RTZ zoning designation. In conclusion, I want to clarify that the County did not inform us of any violations of County Code, our operating agreement, or our procurement policy. We were only asked to provide clarifying information. I also want to reaffirm that the Arsht Center is in full compliance with all pertinent regulations and agreements. As such, this should not be a point of concern for you as you deliberate on the proposed amendment to 2-779 of the City Code today. So I'm in opposition to SR.2 and SR.3. Thank you all for your time. Chair King: Thank you. Good morning. Cecilia Tavera: Good morning. Cecilia Tavera, 2 Grove Isle Drive, Apartment 1405, Coconut Grove, 33133. I'm speaking against the billboards. And you know, we live in City of Miami Page 20 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 a beautiful place. We live in a gorgeous place. Why do we want to ruin it like that? That's number one. Then I want to be -- I want to tell Mr. Pardo, thank you, Commissioner Pardo, for at last 1 feel represented in the City of Miami after living here for so many years. And I support the removal of the City Attorney as soon as possible, and I would love clarification on all the accusations on the City Manager. Thank you so much. Chair King: Thank you. Good morning. Jose Felix Diaz: Good morning. My name is Jose Felix Diaz, and my address is 2 Alhambra Plaza, Coral Gables, Florida, and 1 represent the Adrienne Arsht Center. Today 1 speak in reference to the famous SR.2, the 270-day moratorium for signs under Section 2-779 of the City Code. I have read the proposed ordinance and am concerned the language as constructed would present major issues Jrosigns which are vested like the Arsht and the PAMM. While it was always my understanding that the moratorium was meant to be forward -looking, the current language specifically states that certificates of use may not be issued. This could be interpreted by some to mean the City may not issue post -construction certificates of use for signs that are permitted or in the process of being permitted like PAMM and Arsht. I do not think it was the Commission's intent to stop those signs from getting their certificates of use and request that on the moratorium, the Commission strike the term certificate of use. As you will hear today from many people, as you have heard, the Arsht and the PAMM have agreed to several concessions concerning the signage on their campus, including a significant reduction of the signs at the Arsht from 1,800 square feet to 1,500 square feet, restricting operating hours, adherence to brightness standards, and content regulation at both facilities. We are hopeful and optimistic that should the Commission proceed with an amended version of Section 2-779, then the need for the moratorium will become moot. While it falls within the body's authority to amend the Code and restrict the installation of new signs in Bayfront Park or any areas within the City, I ask that this Commission please refrain from infringing upon the rights of PAMM and Arsht. Thank you. Chair King: Thank you. Thank you. Good morning. Denise Galvez: Good morning. Denise Galvez. I reside at 2130 Southwest 20th Street in Miami, Florida. I want to speak on RE.13 first and foremost. Thank you so much for finally bringing to the attention of our commissioners historic preservation. I serve on the Historic Preservation Board and I can tell you that one of the things that we could do immediately is all the commissioners could support a resolution requiring that if they're going to overturn a decision of the Historic Preservation Board, that it require a super majority instead of a simple majority because we all serve, there's experts on our board, we all volunteer our time, and it's really disrespectful that our Commission many times overturns our decisions. So that's something that you could do very quickly. Crying after the fact about buildings that haven 't been, you know, preserved that's happening all over the city, that requires additional staff on the HEP (Historic Environmental Preservation) Board. If you can do that I would greatly appreciate that as well. I do not think that our City Manager should oversee anything that has to do with historic preservation considering he's the reason why Viernes Culturales, the organization that's been around for 24 years in Little Havana, historic -- you know, who's been preserving the area, he cut them off at the leg, he himself, with one fell swoop. So I don't think Mr. Noriega should be overseeing anything that has to do with historic preservation. Obviously, his ethics and his integrity are in question, and therefore we should look at possibly removing him. I also support the removal of our City Attorney. She's also in question. For years she's been providing legal advice to our city that only benefits Mr. Carollo. Thank you. Chair King: Thank you. Good morning. City of Miami Page 21 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Evan Neustater: Good morning. My name is Evan Neustater. I live at 2150 North Bayshore Drive in Miami, very close to the Arsht Center. 1 go past it every single day. I don 't have a prepared statement or anything like that. I just want to speak in opposition to SR.2 and 3. The billboards are artistic designs. They are not in the way of any particular residential buildings. The lights are 500 feet minimum from any other residential area. Plus the bridge that it's going to be next to is going to be significantly brighter and way more of a distraction than any billboard, which by the way, brings money to a crucial art part of our city. Igo to the Arsht Center for shows all the time. They're great. It's one of my favorite parts of living in the Edgewater neighborhood. I go down there see world -class performances that make this city so special. Same goes for the PAMM. We have world -class art, we have world -class performances, and to restrict a source of fimding that is really not going to cause any other significant issues 1 think is a mistake. The PAMM and Arsht already have vested rights in this. To remove it now is just a mistake. So please vote against SR.2 and SR.3. Thank you. Chair King: Thank you. Good morning. James Torres: Good morning. You can still go there. You just don 't need the big billboard sign telling you to go there. I just want to point that out. A couple of things here. Good morning. James Torres, President of the Downtown Neighbors Alliance. And I'm going to kind of point out very factual information. Downtown Neighbors Alliance is against. Biscayne Neighbors Association is against. The Downtown Development Authority, which is a quasi -agency in which you're the chair, is against. The Frost Museum, which are here today and have been coming to this meeting is against. The interesting piece of the Frost, they're neighbors to the PAMM. Less than 500 feet away. Just want clarity. Everybody has been talking about that these signs are not going to impact the residents. I asked the board, do you guys live downtown? Probably not. That's the reality. The DNA has actively been asking all of these folks to sit down at the table to address these items, exactly what you have always done since I've known you. Come to the table, show me. There's been one billboard company that has done that. The rest have not. They're selling you smoke and mirrors. The other thing, with all due respect, Chairwoman, in the last meeting you made a comment that the Kaseya Center, the Miami Heat, that no one is upset about that. I can tell you and stand here before you and tell you that the DNA took a proactive approach with the Kaseya Center and we addressed that. How did we address it? The luminance are turned down at night. They actually turn off the mesh billboard at night as well, so it doesn't impact the quality of life for individuals that live in downtown. We have a living, breathing population. I encourage you and invite you, come down and see this. A lot of you folks talk about being there, you're not there. And those are facts. Along with that, 1,800 square feet. Andy Parrish pointed out it's bigger than the wall that's right behind you. So I have to, when I say I as a downtowner, have to live with this? The answer should be no. Thank you. Chair King: Thank you. Good morning. Kearey Wan: Good morning. My name is Kearey Wan. I live at 3001 Southwest 4th Avenue in Miami, and I'm here to speak in opposition to SR.2 and SR.3. I want to encourage the Commission not to follow some very, vocal people in the community into what I think will be trouble for the City and for the rest of us who do also live in the community, who do have voices that matter. People talk about the number -- the number and the size of the sign is something that people use a lot. We're sitting underneath this wall and people are talking about this wall. The signs are in context of where they're placed. They're going to be overwhelmed by the colors on that bridge. They are aimed at traffic on a bridge on a highway. There are no tourists who come to Miami to hang out on that highway or under that bridge. They're not City of' Miami Page 22 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 detracting from anything. They're supporting valuable pieces of our community and they have -- the moment has passed to prevent these signs from existing. They've gotten their permissions. There's nothing but legal trouble for the City and for the citizens if you follow the folks who probably oppose almost anything that gets built anywhere when they oppose this as well. So I encourage you to please not support SR.2 and SR.3. Thank you. Chair King: Thank you. Good morning. Grant Stern: Good morning. My name is Grant Stern, 425 Northeast 22nd Street. And I'm here to thank Art Noriega, our City Manager, for his wonderful ethics and for giving me the personal meeting that he promised. Actually, that's an April Fool's joke, guys. Not only are his ethics extremely questionable, but Mr. Noriega did not hold the meeting that he promised, despite multiple emails, phone calls, public records requests. He's nodding his head, he knows. Mr. Noriega is here earning $180 an hour laughing at every single person inside of this room, because he is getting paid for us to beg our city to hire a reasonable manager, not someone who will participate in the retaliatory schemes of their puppet master, the commissioner who is not here to listen to this public comment. Well, Geppetto isn't here, but Pinocchio is certainly happy to get his $180 an hour. And he's not alone on this dais in being overpaid for doing a terrible, terrible job. And Victoria Mendez is smiling at me as I say that. I wonder why. Well, our City Attorney has done a terrifically horrible job and should be removed at the end of this meeting. For a decade now, she overrides the decisions of our City Administration. No matter what our City Manager may try, they don't put up a fight that we know of. And that's how we get some of the worst decisions in the city of Miami. This city is run backwards. It's time for a clean house and I'd like to also say in conclusion that I support SR.2 and 3, it's very important to preserve Miami for the residents and not to sell out to these billboard companies. If our cultural institutions need more money, then I'm sure Mrs. Arsht or Mr. Perez would be very glad to provide it. Thank you. Chair King: Thank you. Good morning. Branden Jones: Good morning, Chairwoman Ms. King and to everyone else. Good to see everyone. My name is Branden Jones, and for the record, I'll place the address 5120 Northwest 24th Avenue, Miami, Florida, 33142. I stand today in support of SR.2 and SR.3. To make it very plain, Churchill says it best, that we make a living by what we get, but we make a life by what we give. I think that today we need to give the community that resides in that area what they've been asking for, and that is to support SR.2 and support SR.3. Thank you. Chair King: Thank you. Good morning. Mayra Joli: Good morning. My name is Mayra Joli. My address is 978 North River Drive. I'rn here today to support -- in support of RE.12 and RE.20. But we're not going to discuss what -- in those two items in the agenda, because those two items are based on transparency. And more than transparency, its accountability. Here we have a commissioner, Diaz de la Portilla, who was kicked out by the governor for wrongdoing. But think about it, people. It takes more than only one commissioner to accomplish all the wrongdoings and malfeasance that he accomplished. It wasn 't by himself. So it took -- it takes more than one person, and it has to be in the -- in the communication, direct communication with City Attorney and also with the City Manager. Anybody remember when Diaz de la Portilla had in the payroll in the city of Miami a ghost employee that all the people, the residents of Miami, only knew about it because she lied to (UNINTELLIGIBLE), and she was found driving under the influence, driving a car that was paid by us. So tell me, how come there is a check that is being cut in the payroll to somebody who doesn't work here and these people City of' Miami Page 23 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 didn't know about it? If they knew about it, they have to be kicked out of here. And if they didn't know, they have to be kicked out of here because they are not doing their job. And they don't have to be asked to leave. They have to be demand that they leave immediately. And we are not going to spend more money and people who are dilapidating our funds just to enrich their family. How many times are we going to say that? Enrich their family. A chair in El Dorado costs $300 -- Chair King: Thank you. Ms. Joli: -- but his wife is for $3,000. Chair King: Thank you. Good morning. Marlie Schatz: Good morning. Thank you Jrothe opportunity to speak today. My name is Marlie Schatz and I live at 488 Northeast 18th Street. I urge you to champion the arts in our city by voting against SR.2 and SR.3 today unless a mutually beneficial compromise can be reached. Thank you. Chair King: Thank you. Good morning. Dolores Garcia Gutierrez: Good morning. Good morning. My name is Dolores Garcia Gutierrez. I live at 150 Southeast 25th Road, Miami, Florida, 33129. I'm here to support Commissioner Pardo and Commissioner Gabela, Commissioner King, Carollo, and Reyes, please do not put up these huge billboards. It is not good for our community. It is terrible lighting. 1 live in the area. I can see those signs from the Miami -Dade billboard on 27th Avenue from my balcony. Also, as to Mr. Noriega, he needs to be accountable and he needs to put forth all that he needs to do to secure his problems. As to Ms. Menendez [sic], it's time for her to go. Thank you very much. Chair King: Thank you. Fernand Amandi: Good morning. Fernand Amandi, Grove resident on DI.1. When credible independent reporting established that the City Manager oversaw the expenditure of City funds to acquire city furniture from his wife's family furniture company, Pradere, the obvious conflict of interest was so clear that the Manager himself acknowledged that it aroused suspicions of impropriety. His words. Does it really matter if it's only $1, $1,000, $100,000, or in fact the $1 million that was actually spent on Pradere furniture that the Manager tries to justify the expenditure of a single penny, a single penny, on his wife's furniture company in the city he runs as the leading administrator is both disheartening and disqualifying. Now, three months later, in his continuing attempt to defend the indefensible, the manager insults the intelligence of every resident and every City professional by stating that he has not personally benefited financially from the over $1 million spent on his wife's family furniture company, sir. It is also disqualifying and insulting for the lead steward of our City tax dollars, the Manager, to rationalize the acquisition of wildly overpriced Pradere furniture when the open market provides much more affordable alternatives. To the commissioners assembled today, if you vote to reward this disqualifying behavior by the Manager, you send a very clear message to us, the residents, and that message is, unethical, unprofessional conflict of interest behavior in Miami is tolerated and rewarded. We the residents will remember how you vote today, especially those that seek future citywide office. (FOREIGN LANGUAGE). Thank you for your time. Please vote the correct way. Chair King: Thank you. Good morning. Marvin Tapia: Morning Commissioners, morning Chairwomen, morning residents of Miami. I want to start by saying, Chairwoman, that I support RE.13. I think that every City of' Miami Page 24 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 historic building in our city needs to be protected. You know, it's the fabric of our community and we really need to make sure that those are protected at all costs. 1 am in support of SR.2 and SR.3 because that's what the people of downtown are asking for. And I want to end by saying that I ran for office. I'm extremely proud to say that I ran for office because the City of Miami and its residents need to regain confidence in our local elected officials. If any allegations are brought up towards our elected officials, the right thing to do is to really face it head on, speak about it, and let the residents know that we're here for them and whatever actions we took were right. Or there is a decision behind that and why they made that decision. That's why we're elected officials. You're elected by your residents. And you should, at the very least, face them head on. Give them the face and let them know why you did that. That 's why you're there. That's why I wanted to be there. And 1 will -- I will continue to do it because we want to represent our people in the best way. That's why we are -- you are where you are. Thank you. Chair King: Thank you. Good morning. David Cypkein: Good morning, Madam Chair, Commissioners. I'm David Cypkein. I'm a resident of Spring Garden, constituent, proud constituent of Commissioner Gabela, District 1. And I respectfully yield my time to Billy Corben, who does not live in the city. Billy Corben: Good morning, Madam Chair. Billy Corben to speak on DLI and RE.20. On January 11 th, City Manager Art Noriega, who also doesn 't live in this city, promised an immediate full accounting of the scandal involving his wife's overpriced furniture company, Pradere. Instead, two months later, we got a temper tantrum, and when three of his bosses kindly asked to defer his presentation until this meeting, he told you to pound sand. He whined about having this hang over his head for months, but he was solely responsible for that delay. Days later, he released a PowerPoint hilariously named Final Presentation. It was, to borrow his description of media coverage of the scandal, inaccurate, incomplete, lies, made up, and fabricated. He was immediately forced to retract it after we caught him using numbers far lower than the City's own records. Noriega's ongoing deception and insubordination prove he cannot be trusted. Look at his new report. It basically says, okay, you caught me. I won't do it again. Which begs the question, if you did nothing wrong, why stop now? I don't expect an answer. He promised to do a sit down interview with me. I'm still waiting. I got lots of questions. WLRN says that since Noriega became city manager, taxpayers spent $440,000 at Pradere. So, why is the figure in his report almost $100,000 lower? We don't know because he didn 't release the supporting documentation to prove his fuzzy math. What about his so-called recusal letter? Is it really a recusal if your own executive assistant, your direct report, signs off on contracts for your wife's company? And did the City get the best deal from Pradere? Doral didn't think so. They had a $100,000 contract with Pradere, but opened it up to public bidding, and taxpayers saved $50,000 with another company. How did the City Manager's Office, which had never purchased directly from Pradere before, suddenly become one of their best customers in the city. City Hall itself rarely if ever ordered from Pradere, and now the mayor and all the commissioners are getting their offices remodeled. Let's look at one contract with Pradere, a May 2022 remodel of Chairwoman King's Office, totaling $57,000. That's $10,000 more than Miami's median household income and includes $10,678 just for chairs and chair fabric. We don't call you Madam Chair for nothing, am I right? But City Code requires contracts over $25,000 to be open to bidding. There was no bidding. City Code also says contracts over $50,000 must be approved by the City Commission. There was no vote of the City Commission. Now, the most believable part of his report, Art Noriega blames the City Attorney. He says that she told him, this is okay. I think we all know by now what a legal opinion from this lawyer is worth. And if you don 't, I suggest you read Judge Aloore's decision from yesterday. It's a stunning rebuke of the entire City City of' Miami Page 25 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 government and its attorney. But you've got to love Noriega throwing the City Attorney under the bus on the same day this commission once again considers her termination, which I urge you to support. And you should immediately terminate Art Noriega for cause. He's an overpriced furniture hustler disguised as a professional executive. And I respectfully suggest to avoid the appearance of self -dealing, a breach of fiduciary duty, and exploitation of tax dollars, you should compel Pradere to provide an accounting of the actual costs of the products, labor, and associated expenses, and disgorge the profits back to the taxpayers. Please do the right thing so we can turn the page on this whole embarrassing era. Thank you, Madam Chair. Chair King: Thank you. Dean Lewis: Good morning. I'm Dean Lewis, resident and architect on the Upper East Side at residency at 5910 North Bayshore Drive, offices at 335 Northeast 59 Terrace, and I'm here to thank you all during a very sensitive level of subjects today. I want to thank the City Commission in particular as well as City stafffor supporting SR.5 which is the right legislation for the Upper East Side. It will continue to promote smart developments including the integrated public benefits component with terms that make sense and will ensure its appropriate measures for the neighborhood. And if you have any questions I'll be glad to answer. And I thank you again. I've served for over seven years on the Urban Design and Development Review Board and this is the right legislature at the right time. So thank you again. Chair King: Thank you. Good morning. Mel Meinhardt: Good morning, Madam Chair. My name is Mel Meinhardt. 1 live in Center Grove, and it's a pleasure and an honor again to speak to our elected representatives about a really hard topic. I think the most difficult things I've ever done in my life, and there have been many times where I've made grievous mistakes and had the inability, either through dedication or loyalty to a subject, loyalty to a concept, to let them go and to say, look, I am not competent. I have made mistakes. And it's time to get folks who really know what's going on to get involved in that. That is such a difficult thing. It's been shameful to me when I've had to do that because I recognize my own inadequacies or weaknesses. Doggone it. I think it's time now for our elected representatives, our appointed representatives, and the good professionals here to recognize that in some areas of civic management, we are simply past our capacity. We've made mistakes. We have -- everybody in this room has made mistakes. I would ask for a show of hands, please, how many people in the room are completely, satisfied with the performance of the City of Miami over the last any number of years? Show of hands, please. Seeing none, Madam Chairman, I leave it to you, to these representatives, to take decisive action as I have before to make the hard calls, the emotionally difficult calls, and bring in the talent that is required to make this city what your residents, what you, your families deserve. Thank you. My name is Mel Meinhardt and I appreciate your (UNINTELLIGIBLE). Bye. Chair King: Thank you. Seeing no one else for public comment, the public comment period is now closed. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: City of' Miami Page 26 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 AM.1 City Commission - City Commission Meeting - Jan 25, 2024 9:00 AM AM.2 MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Approve APPROVED Manolo Reyes, Commissioner Miguel Angel Gabela, Commissioner King, Gabela, Pardo, Reyes Carollo Chair King: I would ask my colleagues ifI may have a motion to approve the City of Miami Commission meeting minutes for January 25th and February 8th. I have a motion. Do 1 have a second? Commissioner Gabela: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City Commission - City Commission Meeting - Feb 8, 2024 9:00 AM MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Approve APPROVED Manolo Reyes, Commissioner Miguel Angel Gabela, Commissioner King, Gabela, Pardo, Reyes Carollo Note for the Record: For minutes referencing Item Number Am.2, please see Item Number AM.1. MV - MAYORAL VETO(ES) There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. END OF MAYORAL VETO(ES) City of Miami Page 27 Printed on 05/23/2024 City Commission Meeting Minutes April 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: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo CA.1 RESOLUTION 15643 Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROPRIATE FUNDS IN AN AMOUNT NOT TO EXCEED OF THIRTY SEVEN THOUSAND ONE HUNDRED SIXTY SIX DOLLARS ($37,166.00) ("GRANT"), FROM THE MIAMI-DADE COUNTY HOMELESS TRUST ("COUNTY") WITH NO MATCH FUNDS REQUIRED, TO ASSIST HOMELESS INDIVIDUALS WITH THE REPLACEMENT OF LOST IDENTIFICATION CARDS AND FOR THE PROVISION OF STAFFING FOR THE HOMELESS MANAGEMENT INFORMATION SYSTEM ("HMIS") TO BE PROVIDED BY THE CITY OF MIAMI'S ("CITY") DEPARTMENT OF HUMAN SERVICES; ESTABLISHING A SPECIAL REVENUE PROJECT TITLED "HMIS STAFFING PROGRAM PC-2324-STAFF- 1 AND IDENTIFICATION ASSISTANCE PROGRAM PC-2324-ID-1" AND APPROPRIATING GRANT FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AMENDMENT #2 OF THE GRANT AGREEMENT WITH THE COUNTY FOR SAID PURPOSE, IN SUBSTANTIALLY THE ATTACHED FORM, CONDITIONED UPON THE AVAILABILITY OF THE CITY RESOURCES THAT MAY BE REQUIRED TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE UP TO ONE ADDITIONAL ONE-YEAR EXTENSION TO THE AGREEMENT AND OTHER DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN FURTHERANCE OF THE GRANT. ENACTMENT NUMBER: R-24-0120 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.1, please see "End of Consent Agenda." City of Mianai Page 28 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 CA.2 RESOLUTION 15744 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF RANJEL RODRIGUEZ, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $175,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $174,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-24-0121 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see "End of Consent Agenda." CA.3 RESOLUTION 15669 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING TWO (2) RIGHT-OF-WAY DEEDS OF DEDICATION AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("DEEDS"), 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-24-0122 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.3, please see "End of Consent Agenda." City of Mianai Page 29 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 CA.4 15720 Office of the City Attorney CA.5 15750 Office of the City Attorney RESOLUTION - Item Pulled from Conseil" A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY JULIUS NELSON AND DWAYNE PRATT FIFTY -THOUSAND -DOLLARS ($50,000.00) EACH, FOR A TOTAL AMOUNT OF ONE -HUNDRED - THOUSAND -DOLLARS ($100,000), WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS BY PRATT AND NELSON, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES AND COSTS, 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-24-0142 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number CA.4, please see "End of Consent Agenda." RESOLUTION - Item Pulled from Consen A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE SETTLEMENT AGREEMENT WITH CHALKS AIRLINE, INC., A FLORIDA CORPORATION, AND NAUTILUS ENTERPRISES, LLC A FLORIDA LIMITED LIABILITY COMPANY (COLLECTIVELY "CHALKS"), IN CASE NUMBER 18-30887 CA 23, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS TO EFFECTUATE SAID SETTLEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT CHALKS' EXECUTION OF A GENERAL RELEASE OF THEIR CLAIMS AND DEMANDS, AND A DISMISSAL OF THEIR CLAIMS AGAINST THE CITY OF MIAMI WITH PREJUDICE, UPON THE CITY OF MIAMI'S COMPLETION OF CERTAIN SPECIFIC TERMS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; AUTHORIZING THE CITY MANAGER TO AMEND THE CAPITAL PLAN TO APPROPRIATE, ALLOCATE, RE -APPROPRIATE OR RE- ALLOCATE FUNDS FOR THE COMPLETION OF CAPITAL IMPROVEMENTS AS MAY BE SPECIFIED IN SAID AGREEMENT AT THE TIME OF NEED. ENACTMENT NUMBER: R-24-0143 City of Mianii Page 30 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number CA.5, please see "End of Consent Agenda." END OF CONSENT AGENDA Chair King: Up on our Consent Agenda, we have CA.1, 2, 3, 4 and 5. Do any of my colleagues wish to pull any of those items for discussion? Commissioner Gabela: Yes, I do, Madam Chair. Chair King: Which one? Commissioner Gabela: CA.4. Chair King: You would like to pull CA.4? Okay. Commissioner Pardo: And I'd like to pull CA.5. Chair King: You want to pull CA.5? Commissioner Reyes, do you want to pull any of the CA (Consent Agenda) items? Commissioner Reyes: No, no, no they've been pulled already. Chair King.: Okay. So may I have a motion to pass CA.1, 2, and 3? Commissioner Gabela: CA.1 -- Commissioner Reyes: Move it. Commissioner Gabela: -- 2 and 3. Chair King: I have a motion. Commissioner Pardo: Second. Chair King: I have a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. [Later...] Chair King: Commissioner Gabela, we held Won CA.4 and 5. Would you like --? Commissioner Gabela: My mistake, okay, so I did -- very brief On CA.4, I made a mistake. Okay, so that is -- City of' Miami Page 31 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Chair King: You ready with that? You don't have any --? Commissioner Gabela: I'm ready, ready with that. Chair King: What about CA.5? Commissioner Gabela: CA.5 is the one I just wanted to read, put it on the record real quick and that's it. Chair King: Okay, so -- Commissioner Pardo: On CA.5, it has an undisclosed amount. I was wondering if we could -- Commissioner Reyes: Yes. Commissioner Pardo: -- speak to that? Commissioner Gabela: Yeah, I just wanted to get some light on -- Commissioner Reyes: Yeah, I would like -- Chair King: Can we have --? Commissioner Reyes: -- more clarification on it also. Chair King: Madam City Attorney, Mr. City Attorney, CA.5 -- Victoria Mendez (City Attorney): CA.5? Chair King: -- Chalk settlement. Ms. Mendez: The amounts. Kevin Jones (Deputy City Attorney): Good afternoon, Commissioners. Kevin Jones, Office of the City Attorney. The amounts in the settlement agreement, I didn't -- I missed part of your question. What was your question? What was the question? Commissioner Pardo: There is no amount in the settlement agreement in CA.5. Mr. Jones: Right, we're talking about Chalks. Commissioner Pardo: Right. Mr. Jones: Okay, so there are costs associated with the settlement, not traditionally damages, right? So you're going to have rent abatements and you have to make some capital improvements to the site. Capital improvements to the site, there is a cost. I guess we expect it to be in the neighborhood offbur or five million dollars. And then the rent abatements come online as the property is CO 'd (Certificate of Occupancy). Once the property is CO 'd, obviously you understand how a rent abatement works, that's spread out over a 15-year term. Commissioner Pardo: And the present value of the rent abatement is? Arthur Noriega (City Manager): We haven't actually calculated it. I can get that for you if you want just so you can see it. That rent abatement is over a 15 year period. City of Miami Page 32 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Reyes: That's right. Mr. Noriega: So the monetary value of it is $6.5 million, but it's spread out over 15 years. On to the utility relocation, we've been working with a couple of our JOC (Job Order Contract) contractors to pin down a number, but in consultation with Public Works, we feel the conservative number, like -- and we think the number is probably in that $5 million range, but we're using $6 million as a conservative number. Commissioner Pardo: Thank you. Commissioner Gabela: So Madam Chair, what I wanted to do was put it on the record, just so the people, you know, the taxpayer knows what we're doing. I got your briefing, I'm aware of the whole thing, I'm not going to ask all the questions. The only thing 1 want to put on the record, and I want to be clear, we did promise them that we were going to attempt to do a zone change, which we are not guaranteed. And which says that if we're not successful, then the settlement goes back to court. Is that correct? I just want to put it on the record so the -- Mr. Jones: That is correct. The case remains sort of in limbo. If the zoning change does not occur, which is very important to them, then we will go back to the lawsuit. Commissioner Gabela: Okay, thank you. It's all for me. Chair King: Do 1 have a motion for CA.4 and 5? Vice Chair Carollo: Move. Commissioner Gabela: Motion. Chair King: I have a motion -- Commissioner Reyes: Second. Chair King: -- and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 33 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 PH - PUBLIC HEARINGS PH.1 RESOLUTION 15640 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") UNALLOCATED DISTRICT 2 FUNDS IN THE ECONOMIC DEVELOPMENT CATEGORY FROM FISCAL YEAR 2023-2024 IN THE AMOUNT OF $443,802.00 TO THE DEPARTMENT OF RESILIENCE AND PUBLIC WORKS TO BE UTILIZED FOR STREET, DRAINAGE, AND/OR ANY OTHER CDBG ELIGIBLE IMPROVEMENTS, AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0123 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 additional minutes referencing Item Number PH.1, please see "Public Comments for all Item(s)." Chair King: Commissioner Gabela, you wanted to pull CA.4. I will allow you to lead the discussion. (COMMENTS MADE OFF THE RECORD) Chair King: You want to -- okay. May I have -- we have our Public Hearing items PH.1 and PH.2. Do any of my colleagues wish to pull PH.1 or 2? Do any of you want to pull for discussion PH.1 or PH.2? Commissioner Reyes: I have a little conflict. I will move out. Chair King: For which one? For PH.2? Todd B. Hannon (City Clerk): Commissioner Reyes, we can 't hear you, sir. Commissioner Reyes? Commissioner Reyes: Yeah? Mr. Hannon: We couldn't hear you on the record. Commissioner Reyes: I am stepping out for PH.2. (COMMENTS MADE OFF THE RECORD) City of Miami Page 34 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Chair King: PH.1 and PH.2, do you have a -- would you like to pull either one those items for discussion? Commissioner Gabela: No, I'm ready to go on those. of Chair King: Okay, Commissioner Pardo, would you like to pull PH.1 or 2 for discussion? Commissioner Pardo: No. Chair King: Okay. Commissioner Reyes: (INAUDIBLE). Okay? Chair King: Okay. So may I have a motion to pass PH.1? Commissioner Gabela: Motion. Chair King: So I have a motion. Commissioner Gabela: Second. Vice Chair Carollo: Make sure 1 understand what is being asked for. And I don 't care what the district is, 1 don't play that game. It's community -- to transfer community development block grant funds from District 2 to the economic development category from fiscal year 23-24, $444, 000 almost. Okay, so this is transferring, if 1 understand it, from one area to another within the district. That's fine. Chair King: Ready? All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of' Miami Page 35 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 PH.2 RESOLUTION 15756 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING(S) AND RECOMMENDATION(S), ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING, APPROPRIATING AND AUTHORIZING THE ALLOCATION OF FUNDS FROM THE DISTRICT 1 SHARE OF THE CITY OF MIAMI'S MIAMI FOR EVERYONE ("MFE") PROGRAM, ON REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO EXCEED TWO -HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($250,000.00) ("GRANT") TO CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CAMACOL"), IN ORDER TO IMPLEMENT ITS YOUTH AND MINORITY EMPLOYMENT AND JOB TRAINING PROGRAMS IN THE TECH AND DIGITAL MEDIA SECTORS, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH CAMACOL AND ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0124 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo ABSTAIN: Reyes Note for the Record: For additional minutes referencing Item Number PH.2, please see "Public Comments for all Item(s)." Chair King • For PH.2, may I have a motion? Commissioner Gabela: I'll move. Chair King: I have a motion and a second. Vice Chair Carollo: Hold on, hold on, hold on. Commissioner Pardo: Madam Chair, on PH.2, I was trying to understand why it was pulled or what the problem -- Chair King: It's not pulled. Commissioner Pardo: Oh, okay. City of' Miami Page 36 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Chair King: Commissioner Reyes has to -- Commissioner Gabela: So, PH.1 we just passed. Chair King: We just passed PH.1. Commissioner Gabela: We're on PH.2. Commissioner Pardo: Okay. Chair King: PH.2, Commissioner Reyes has a conflict. He stepped out. Commissioner Pardo: Okay. Todd B. Hannon (City Clerk): I have a mover, butt didn't get the second. My apologies. Commissioner Pardo: Second. Vice Chair Carollo: Can --? This is Commissioner Gabela. Commissioner Gabela -- Commissioner Gabela: Yes, sir. Vice Chair Carollo: -- could you briefly just explain to me what this is? Commissioner Gabela: So this is money that was granted by my predecessor, mind you, and it was promised to them, and they have nothing to do with what happened with my predecessor. I've been told that this is what's going on. Vice Chair Carollo: So, what are you trying to do? Are you trying to award it to them or take it to them? Commissioner Gabela: No, it's been awarded to them, so they tell me, by my predecessor. Vice Chair Carollo: Right. Commissioner Gabela: And they talked to us and came to the office to tell us that the promise was made to keep it because it was for a good cause. Vice Chair Carollo: Okay, so you're going to keep it then? Commissioner Gabela: We're giving them the 250k. Vice Chair Carollo: I see. Commissioner Gabela: Because my predecessor had promised it to them. Vice Chair Carollo: Look, I don't care if it's you or him -- Commissioner Gabela: No, no, I know. Vice Chair Carollo: -- or what. If this is what you're presenting, that's fine. Commissioner Gabela: Yes. City of' Miami Page 37 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Vice Chair Carollo: You're the commissioner in the district. Commissioner Gabela: That's what I'm presenting, yes. Vice Chair Carollo: And this is what I've always have done in things of this sort, unless it's something that's outrageous. And I certainly don't think this is, you know -- Commissioner Gabela: Trust me, if it was outrageous, I wouldn't -- Vice Chair Carollo: I don't care if it's you or whoever it is, 1 vote for it, and that's the way we should do it here. Chair King: So 1 have a motion and a second, all in favor? The Commission (Collectively): Ave. Chair King: Motion carries unanimously. END OF PUBLIC HEARINGS City of Miami Page 38 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 RE - RESOLUTIONS RE.1 RESOLUTION 15611 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 127 NORTHWEST 11 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2013011194, 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-24-0125 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: We were on RE.1, the mitigation, 127 Northwest 11 th Avenue. I believe the parties are present. Robert Santos-Alborna (Director, Code Compliance): Good morning, Chairwoman, Commissioners, Robert Santos-Alborna, Code Compliance Director. RE.1 is the mitigation of a property located at 127 Northwest 11 th Avenue. The violations were for illegal units, work without permits, maintaining structures in the setback. The notice of violation was issued on June 19th, 2013, adjudicated on November 13th, 2013. The violation ran for 617 days, and it was corrected via demolition. The total accrued fines is $154,250, and the respondent is offering 10 percent. which is $15,425. Now -- Vice Chair Carollo: How many -- how many illegal units were there? Mr. Santos-Alborna: I don't have the exact amount. I am going to give it to you in a second, sir. Vice Chair Carollo: And you said that it was for, or at least it sounded to me, a longer period of time than the dates you gave it. You said that the violations were found when and what date? Mr. Santos-Alborna: The violations were -- the NOV (Notice of Violation) was issued on June 2013 -- Vice Chair Carollo: Yeah. Mr. Santos-Alborna: -- adjudicated on November 2013, and it ran for less than 2 years, 617 days. Vice Chair Carollo: Until we demolished or they demolished? City of' Miami Page 39 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Mr. Santos-Alborna: They demolished. They demolished. Vice Chair Carollo: Based on us demanding that, right? Mr. Santos-Alborna: Correct. Now, I'm going to say this, because when I met with each of you, I reflected that this case came before the Code Enforcement Board because it is a -- was a duplex and a -- and when it came before the board, it was a vacant lot, whose immediate previous use is a single-family or a duplex, therefore eligible to be heard. And the board chose not to. This was in a -- during a transition period. Vice Chair Carollo: They chose not to hear it. Mr. Santos-Alborna: Right. They thought that it was not eligible, right. And the record will reflect that I was very -- I thought I was very clear, trying to -- Vice Chair Carollo: I understand. Mr. Santos-Alborna: -- but they didn't. Vice Chair Carollo: But it was a duplex. Mr. Santos-Alborna: Yes, sir. Vice Chair Carollo: And to how many units did they break it up into? Mr. Santos-Alborna: So -- Vice Chair Carollo: Three? Mr. Santos-Alborna: Three. That's what I'm hearing from counsel. Vice Chair Carollo: Alright. Mr. Santos-Alborna: So, I had reflected, you know, that I would -- they're offering the amount of $15,425, which is 10 percent, for your consideration, because they had to incur extra expenses in hiring counsel. So I'm going to yield to counsel now. Vice Chair Carollo: Okay. Miriam Soler Ramos: Good morning, Madam Chair, members of the Commission. Miriam Soler Ramos, with offices at 701 Brickell Avenue on behalf of JJRC Investments, who owns the property at this time. I do want to let the Commission know that my client was not the owner of the property when these violations occurred. They purchased the property in October of 2022 and learned an affidavit of compliance had not been obtained and so they came to try to mitigate the matter because it did in fact qualify for mitigation. Unfortunately, the Code Enforcement Board did not understand that and did not offer the mitigation. That has caused them to have to hire legal counsel and file a quiet title action, which of course has led to additional expenses. So while we did offer the traditional 10 percent for a residential property, I am asking if you would consider even a smaller amount than that because they have had to occur -- or incur additional fees due to the fact that the Code Enforcement Board would not hear the matter. And technically, that was legally improper. Vice Chair Carollo: So what are the additional fees that they incurred? City of Miami Page 40 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Ms. Soler Ramos: So they -- they came to the Code Enforcement Board. After that was not even denied but just really not heard, they had to hire me and incur additional legal fees period, or incur legal fees period, as well as the fling of the lawsuit, the quiet title action, which is what has me before you today. Vice Chair Carollo: Okay, well anything more you would like to proffer? Mr. Santos-Alborna: I'm sorry, sir? Vice Chair Carollo: Anything more that you would like to proffer? Mr. Santos-Alborna: Yes. So during my discussion with the individual commissioners, 1 had reflected that Code would have no objection to accepting $12,000 in mitigation payment. Vice Chair Carollo: What is the 10 percent of their offering? What does that come to? Mr. Santos-Alborna: $15,425. Vice Chair Carollo: We try to keep -- Commissioner Gabela: It's 9%. Vice Chair Carollo: Yeah. No less than that. But we judge each one, depending on -- Mr. Santos-Alborna: On their merits. Vice Chair Carollo: -- the merits of what it was. In this case, it's an investment firm that owns this, correct? Ms. Soler Ramos: It's a holding company. Vice Chair Carollo: An investment company. It's being rented out now, correct? Ms. Soler Ramos: It's a vacant property. Mr. Santos-Alborna: It's vacant. Vice Chair Carollo: It's vacant now, okay. So either they're going to build there, or they're going to flip the property down the road. When they bought it, they were aware of the problems that it had because it would have shown in the deed, correct? Ms. Soler Ramos.. Yes, they bought it knowing that there had been issues with the property. Vice Chair Carollo: Okay. What we don't know, and I'm not going to get into it because I think probably know the answer on that, that and they probably got it at a better deal because of the problems that it had. This is not a lot of your typical cases of someone didn't cut the lawn, you know, minor stuff: While it's not something that's super huge, it's one more unit, but they bought it knowing that people they were buying it from owed that money and had those problems. And I have to assume, without going to the public records now and finding out who they bought it for and giving an estimate of what I think it's probably worth, that they, because of that, got a better deal than they normally would have. I'm assuming that. Nevertheless, even if that's not the case at all, going to the Code Enforcement Board, they chose to have an attorney. They don't need an attorney. We're not talking about a huge amount of dollars. And even here, they could have come here, like many people do, and City of Miami Page 41 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 represent themselves, but unless she's charging way more, it shouldn't be that expensive either. Mr. Santos-Alborna: I can 't say. Vice Chair Carollo: I think that when you have cases like this, that you're putting more people into the place that are supposed to be living, you have to go a little higher. So, I'm going to proffer 15 percent, would be acceptable, which I think is fairly fair. Ms. Soler -Ramos: Commissioner, would you allow me to address one additional point you made? Vice Chair Carollo: Certainly. Ms. Soler -Ramos: Thank you. So there was no legal representation at the Code Enforcement Board. I was hired after the fact. And while many people do come here and represent themselves, the only way that we get to this posture is by having a quiet title action filed. And I would venture to say that most people would not be able to do that without legal counsel. So I agree with you that normally at the Code Enforcement Board, an amount of 10 or 15 percent would be perfectly appropriate. But because of the mistake made by the board, they had to hire counsel to file this quiet title action to get me to come here. So I just wanted to make that clear so you would consider that. Vice Chair Carollo: Well, I don't know if a mistake that the board made or not, the board had the option of doing it or not, I feel. 1 would proffer a 15 percent. It's not that huge of a difference, especially for an investment property. You're looking around $7,212.50 and an additional 5 percent. Go on. Chair King: Is that a motion? Vice Chair Carollo: It's a motion that we accept 15 percent. (COMMENTS MADE OFF THE RECORD) Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Mr. Santos-Alborna: So for the record, 15 percent is $23,137.50. Vice Chair Carollo: Yeah, alright. Todd B. Hannon (City Clerk): As amended. Chair King: As amended. Thank you. City of Miami Page 42 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 RE.2 RESOLUTION 15598 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 1115 NORTHWEST 54 STREET, MIAMI, FLORIDA, CASE NUMBER CE2017012101, 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-24-0126 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: RE.2. Robert Santos-Alborna (Director, Code Compliance): RE.2, Madam Chairwoman, Commissioners, RE.2 is a mitigation of a property located at 1115 Northwest 54th Street. This is a commercial lot. The violation is for failure to maintain the lot. NOV (Notice of Violation) was issued on July 12, 2017, adjudicated on December 2017. The violation ran for 2,210 days. However, of importance, and I explained each of you -- to each of you when I met, is that the property owner of record passed away, and the owners now, I believe, is the grandchildren. They did not know about the running fines. There is support evidence that the violation was corrected approximately a year later, and the total amount accrued for the -- all those days is $552,000. However, if we do the one year, which is approximately $100,000, the respondent is offering $20,000, which is about 20 percent. So I'm going to yield to counsel to explain in greater detail. Chair King: May I have a motion to accept 20 percent of the -- Commissioner Reyes: Move it. Commissioner Gabela: Motion. Chair King: But let me -- let me put it on the record for the time not beyond. Say that again. Mr. Santos-Alborna: So the support documentation is that it lasted approximately a year -- Chair King: A year. Mr. Santos-Alborna: -- (UNINTELLIGIBLE) $100,000. Chair King: Which would be $100,000. Mr. Santos-Alborna: Yeah. City of' Miami Page 43 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Chair King: Which is 20 percent of the $100,000. I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Thank you. Todd B. Hannon (City Clerk): As amended. Miriam Soler Ramos: Thank you, Madam Chair. Chair King: As amended. RE.3 OORESOLUTION 15719 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 1640 WEST FLAGLER STREET, MIAMI, FLORIDA, CASE NUMBER CE2016009162, 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-24-0127 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: RE.3. Robert Santos-Alborna (Director, Code Compliance): RE.3. Chairwoman, Commissioners, Robert Santos-Alborna, Code Compliance Director. RE.3 is a mitigation of a property located at 1640 West Flagler Street. The violations are for work without permits, illegal units, and setback violations. Commissioner Reyes: Oh, my god. Mr. Santos-Alborna: The violations were complied on February 1st, 2019. It ran for 584 days, accruing a total of $146,000 per day. The offer from counsel, who I'm just meeting right now, is, I believe, $11,000, which is 7.5 percent. As I explained to each of you, I believe it's rather low. Vice Chair Carollo: (INAUDIBLE), but Counsel? Nicholas Rodriguez: Good morning, Madam Chair and members of the Commission, Mr. Vice Chair, this is in your district. Nicholas Rodriguez on behalf of Maria Handal, the property owner. This is a property that's individually owned, not by an investment firm. And what happened here is the citation was both an unsafe structure City of' Miami Page 44 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 violation and a simultaneous code violation. She actually addressed the unsafe structure violation and it was closed on January, 29th of 2018, with a building permit to demolish the offending structure. At that point, she asked the inspector whether there was any additional things that she needed to do. By no fault of the unsafe structure inspector, she informed that the violation was closed; there was nothing more for her to do. She had no idea there was a code enforcement violation also running. She only found out when the property was being sold and the deal fell through. And this is an individual property owner. This property is being sold to And her retirement. And it really -- the violation should have been closed when the permit was issued and the work was completed. And this would -- the offer would be 20 percent of what the lien would have been if the violation would have been closed in January of 2018 when the permit was finalized. So the offer is quite low in looking at the overall lien, but the lien would have only been $54,000 had she called for the compliance inspection when she got her demolition permit and the permit was finalized. So that's why we came in with this offer. Vice Chair Carollo: What kind of structure do you have here? Mr. Rodriguez: It's a commercial structure. Vice Chair Carollo: How many stories? Mr. Rodriguez: 1 believe it's two stories. Vice Chair Carollo: Two stories. You know the square feet, approximately? Mr. Rodriguez: No, I don't. I could get it from the property appraiser. Vice Chair Carollo: Mr. Code Director? Mr. Santos-Alborna: I don't have that on my fingertips, but I will provide it to you shortly if you require it. Mr. Rodriguez: It's about a little less than 3,000 square feet per the property appraiser. Vice Chair Carollo: How long have your -- has your client owned the property? Mr. Rodriguez: Since 2009. Vice Chair Carollo: 2009. Okay, and the -- it was an unsafe structure. When did it get cited for unsafe structure? Mr. Santos-Alborna: So I'm going to get that information for you shortly. I don't have my laptop with me. So, for the record, it happens often that sometimes respondents do get confused the unsafe structure process with Code. And they run parallel and simultaneously. And it's really up to the respondent to follow the process. But let me - - let me get that computer and I'll be happy to tell you. Vice Chair Carollo: But outside of unsafe structure -- Mr. Santos-Alborna: Yes. Vice Chair Carollo: And what was the unsafe structure for? So we can see the seriousness of it or not. City of Miami Page 45 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Mr. Santos-Alborna: So, I do not have that information with me as -- it's cited for Code, it's cited for operating without CU (Certificate of Use), BTR (Business Tax Receipt), work without permits, illegal units, and setback. So that's what the violations are for. Vice Chair Carollo: Okay. Mr. Santos-Alborna: The unsafe structure violation travels separately through Building. Vice Chair Carollo: Illegal units? Mr. Santos-Alborna: Yes, sir. CU, BTR, illegal units because the apartment, and a setback violation. So you had a structure, clearly a structure in the setback without permits. Vice Chair Carollo: And then you said work without permit. Mr. Santos-Alborna: Yes, sir. Vice Chair Carollo: Do you know if the work without permit was there prior to when she bought it or did she do it herself? Mr. Santos-Alborna: The violation is issued by Code in 2017. It may have happened before. Legal is providing you -- they're going to provide you the information on the illegal structure. Rachel Dooley (Assistant City Attorney, Supervisor): Good morning again. Rachel Dooley, on behalf of the office of the City Attorney, and speaking with the assistant city manager. The unsafe structure looks like there may have been some improper interior remodeling that they did an interior demolition, took out whatever wasn't supposed to be there and then did finalize that in January of 2018 as stated by counsel. And then they've subsequently done their recertifications and everything else. Vice Chair Carollo: Do we know if they did it or previous owner? Ms. Dooley: It would be the same owner. It was 2000 and -- she -- it was purchased in 2009. Vice Chair Carollo: Yeah. Mr. Rodriguez: Right. Ms. Dooley: It's not a large -- it's less than 10,000 square feet I think. Mr. Rodriguez: Yeah, it's like a 3,000 square foot building. Vice Chair Carollo: Yeah. Ms. Dooley: Yeah, it's not a large building. Vice Chair Carollo: Okay. Now where did the unsafe structure come from? Ms. Dooley: It looks like it was work without a permit in the interior that they had to fix and get permits for. So they did an interior demolition and then pulled permits to City of Miami Page 46 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 fix whatever the issue was inside, and it was complied. And then after that, they did their recertifications and everything else. They've stayed in compliance. Vice Chair Carollo: How quickly did they cure the illegal work, work without a permit? By the time they got cited. Ms. Dooley: So it would look like it was 2017 to the beginning of 2018. So that would be less than a year. Vice Chair Carollo: Okay, it's a fair amount of time then going forward. Mr. Rodriguez: Through the Chair, ifl may. Vice Chair Carollo: Sure. Mr. Rodriguez: Curing an unsafe structure violation, the process to get permits, complete the work and then finalize the permit. A year is pretty speedy for resolving that. She did it completely on her own. Vice Chair Carollo: That's what I said. It was fair. Mr. Rodriguez: Thank you. Vice Chair Carollo: I've got no problem with that timing. I understand. You're correct. Mr. Rodriguez: Thank you. Vice Chair Carollo: Now, the rest of the violation that the counselor is saying that they were confused, they thought that it had been settled, how long did it go for? Mr. Santos-Alborna: So, based on the information on the unsafe structure demolition, that in 2018, and their compliance is in 2019, so I support -- I agree with counsel's statement that probably instead of the total amount of days that ran, let me find the date, the time, significantly lower, maybe -- maybe cut in half. Vice Chair Carollo: How long? Mr. Santos-Alborna: So let me -- let me tell you. Mr. Rodriguez: So the code violation ran for an additional year after. Mr. Santos-Alborna: Correct. Mr. Rodriguez: Yeah. Vice Chair Carollo: What's the total amount today that you're bringing? Mr. Santos-Alborna: $146,000 exactly. It ran for 584 days total. So -- Vice Chair Carollo: And you're proposing only seven and a half. Mr. Rodriguez: Of the total amount, it's 20 percent of what it would have been if it was closed on the day that she obtained her permit. Vice Chair Carollo: If it would have been, but we really, even if she would have known -- City of Miami Page 47 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Mr. Rodriguez: Right. Vice Chair Carollo: -- have no way to measure if she would have closed then or not. Mr. Rodriguez: I believe the permit would have resolved the violation. Vice Chair Carollo: Look, any time you have illegal units, things of the sort like this, you know, we just gave 15 percent before. So, we have to keep a standard that we don't go below that. So 1 would proffer 15 percent. I think the director agreed that the seven and a half was way too low. And I proffer seven and a half -- excuse me, 1'd proffer 15 percent instead of the seven and a half that they offered. Chair King: Is that a motion? Vice Chair Carollo: It's a motion. Commissioner Gabela: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Mr. Santos-Alborna: And for the record, Commissioners, the 15 percent totals $21, 900. Commissioner Reyes: Okay. Chair King: As amended. Commissioner Reyes: As amended. Mr. Santos-Alborna: Thank you, sir. Vice Chair Carollo: Thank you. Chair King: Thank you. City of Miami Page 48 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 RE.4 RESOLUTION 15721 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 1907, AFL-CIO, FOR THE PERIOD OF OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2026. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item RE.4 was deferred to the April 25, 2024, City Commission Meeting. Chair King: Now with respect to RE.4 and RE.5, I can tell you, Commissioner, that I was fully briefed. 1 don't know about my colleagues, and it would be the will of my colleagues always. I have spoken to both parties, and they are ready to move forward. They are in agreement with this contract negotiations and what they have with the general service employees as well as FOP (Fraternal Order of Police) and so 1 will, whatever the will of this body is. Commissioner Reyes: Ma'am, if I may, I'm glad you were full briefed. I wasn't. Yesterday we received, on April IOth, at 11:36 p.m., we received this e-mail. I mean, maybe they thought that I was so sick that I wouldn't realize, I mean, I don't know what they thought, okay? But I believe that the same respect that was placed to you, it should be placed to all of us, you see. And we are all very much involved in the -- what the contracts, not only with our employees, but any contracts that the City is extending, that we should be aware of those contracts. And we should be briefed on them, and that is my opinion. If my colleagues want to vote on it, I mean I am telling you that I'm not going to vote for it because I have to be briefed before. And I might have some, I mean, maybe I don't like some of the -- or some questions about it, and I don't like some of the items that have been included in the contract. I might love all of them. I don't know. I haven't read it. Chair King: So, do I have -- do we have a motion? Commissioner Pardo: I'll make the motion. Vice Chair Carollo: There was a motion by Commissioner Reyes, second by myself. Chair King: Okay, so I have a motion and a second. Vice Chair Carollo: I'd just like to add, Chair, that union contracts, no matter how long or how short they are, they take a major part of our budget. And each member of this body should feel comfortable enough that they have been able to read everything on the contract, that they have been able to be briefed fully and ask whatever questions they might have or not before they vote on it. It's the responsibility of each member of this body to do that. And this is why I very much have seconded the motion by Commissioner Reyes. He's being responsible in doing that. City of Miami Page 49 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Reyes: Thank you. Chair King: So I think the City Clerk has a question. Todd B. Hannon (City Clerk): And just for clarification, that is deferral until April 25th, is that correct? Commissioner Reyes: Yes, sir. Vice Chair Carollo: Yeah. Mr. Hannon: Understood. Chair King: 1 have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. RE.5 RESOLUTION 15722 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 FRATERNAL ORDER OF POLICE, WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20, FOR THE PERIOD OF OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2026. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item RE.5 was deferred to the April 25, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.5, please see Item Number RE.4. City of' Miami Page 50 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 RE.6 RESOLUTION 15654 Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT TITLED "EMERGENCY HOTEL/MOTEL PROGRAM, PC- 2324-HTMT-1" APPROPRIATING FUNDS IN AN AMOUNT NOT TO EXCEED TWO MILLION, SEVEN HUNDRED NINE THOUSAND, THREE HUNDRED FORTY NINE DOLLARS ($2,709,349.00) CONSISTING OF A GRANT AWARD FROM MIAMI-DADE COUNTY THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST ("COUNTY") FOR A TWELVE (12) MONTH PERIOD, WITH NO CITY OF MIAMI ("CITY") MATCHING FUNDS REQUIRED, FOR THE PROVISION OF TEMPORARY EMERGENCY HOTEL/MOTEL ACCOMMODATIONS FOR HOMELESS FAMILIES ("GRANT"); AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT #2 OF THE GRANT AGREEMENT WITH THE COUNTY FOR SAID PURPOSES IN SUBSTANTIALLY THE ATTACHED FORM TO ACCEPT AND APPROPRIATE GRANT FUNDS CONDITIONED UPON THE AVAILABILITY OF THE CITY RESOURCES THAT MAY BE REQUIRED TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE UP TO ONE ADDITIONAL ONE- YEAR EXTENSION TO THE AGREEMENT AND ANY OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN FURTHERANCE OF THE GRANT. ENACTMENT NUMBER: R-24-0128 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For additional minutes referencing Item Number RE.6, please see "Public Comments for all Item(s)." Victoria Mendez (City Attorney): On RE.11, since that one is in play about the legal audits, since -- Commissioner Gabela: And oh, and RE.19, that's it. So mines are RE.11. I'm sorry to interrupt you. RE.11, 16, and 19. Chair King: You want to pull RE.11, 16, and 19? Commissioner Gabela: That is correct. Chair King: Okay. Commissioner Reyes: Okay. Chair King: Are there any of the --? Commissioner Reyes: Yes, I would like to pull RE.20. Chair King: RE.20? City of Miami Page 51 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Reyes: Yes, I am, just for discussion. Chair King: Okay. Anything else? Vice Chair Carollo: RE.20 has been pulled. Chair King: Um-hmm. Vice Chair Carollo: Hold on. Okay. Chair King: Okay, so may 1 have a motion for RE.6, 7, 8, 10, 13, 14, 15, 17 --1 want to pull 18 -- Vice Chair Carollo: Okay. Chair King: -- 17, 21, and 22. May I have a motion? Vice Chair Carollo: Move. Chair King: I have a motion. May I have a second? Commissioner Gabela: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries for RE.6, 7, 8, 10, 13, 14 -- 13, 14, 15, 17, 21, and 22. Vice Chair Carollo: Okay. Chair King: Thank you. Vice Chair Carollo: Okay, Commissioner, it's now almost a quarter after noon. Can we break and come back for the remaining agenda? Chair King: Yes, we have -- if that's the will of the body, we have the Southeast Overtown/Park West CRA (Community Redevelopment Agency), as well as the Virginia Key Beach Park Trust meeting to follow. And then the break, if that's fine with everybody. Vice Chair Carollo: That would be fine. Commissioner Gabela: Thank you. City of Miami Page 52 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 RE.7 RESOLUTION 15685 Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SUNDARI FOUNDATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION, TO ESTABLISH THE CITY OF MIAMI SHELTER AND TRANSITIONAL HOUSING PROGRAM, INCLUDING THE PROVISION OF BEDS AND SERVICES FOR WOMEN AND FAMILIES EXPERIENCING HOMELESSNESS IN THE CITY OF MIAMI, AT A TOTAL COST NOT TO EXCEED $175,000.00 FOR FISCAL YEAR 2023-2024, WITH CONDITIONS AS STATED IN THE AGREEMENT. ENACTMENT NUMBER: R-24-0129 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number RE.7, please see "Public Comments for allltem(s)" and Item Number RE.6. RE.8 RESOLUTION 15770 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 ("MMOA") BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("DEPARTMENT") FOR BEAUTIFICATION IMPROVEMENTS ON STATE ROAD 5/BISCAYNE BOULEVARD FROM NE 20 STREET TO NORTHEAST 21 STREET. ENACTMENT NUMBER: R-24-0130 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number RE.8, please see "Public Comments for allltem(s)." City of Mianai Page 53 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 RE.9 RESOLUTION 15706 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. R-20-0296, ADOPTED SEPTEMBER 24, 2020; FURTHER, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT NO. 2 TO THE INTERGOVERNMENTAL AGENCY AGREEMENT EXECUTED ON JULY 21, 2015 BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY ("COUNTY"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WHICH ALLOWS THE CITY TO PERFORM CERTAIN ADDITIONAL TRAFFIC ENGINEERING FUNCTIONS WITHIN LOCAL MUNICIPAL STREETS MAINTAINED BY THE CITY, AND ALLOWS THE CITY TO INSTALL CERTAIN TRAFFIC CALMING DEVICES WITH A DESIGN PRE -APPROVED BY THE COUNTY WITHOUT REQUIRING PRIOR COUNTY APPROVAL, INCLUDING TRAFFIC CIRCLES, SPEED HUMPS, HISTORIC WAYFINDING SIGNS, RAISED INTERSECTIONS, SPEED TABLES, SPEED CUSHIONS AND CHICANES, AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED. MOTION TO: Defer RESULT: DEFERRED MOVER: Damian Pardo, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item RE.9 was deferred to the May 23, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.9, please see "Order of the Day." City of Mianii Page 54 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 RE.10 15612 Department of Fire - Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A HAZARD MITIGATION REIMBURSEMENT GRANT AWARD IN THE AMOUNT OF ONE HUNDRED EIGHTY SIX THOUSAND SEVEN HUNDRED FORTY- TWO DOLLARS AND EIGHTY CENTS ($186,742.80) FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THROUGH THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT ("FDEM"), WITH A REQUIRED MATCH FROM THE CITY OF MIAMI ("CITY") IN AN AMOUNT NOT TO EXCEED TWENTY THOUSAND SEVEN HUNDRED FORTY-NINE DOLLARS AND TWENTY CENTS ($20,749.20), FOR A TOTAL AMOUNT OF $207,492.00, TO BE UTILIZED FOR THE HARDENING OF FIRE STATION #8 THROUGH THE PURCHASE AND INSTALLATION OF IMPACT RESISTANT WINDOWS AND DOORS AND OTHER PROTECTIVE MEASURES; ESTABLISHING A NEW CAPITAL FUND PROJECT TITLED "FIRE -RESCUE — HMGP 2024 — FIRE STATION #8" AND APPROPRIATING GRANT FUNDS FOR THE OPERATION OF THE SAME; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT WITH FDEM, IN SUBSTANTIALLY THE ATTACHED FORM; ALLOCATING THE CITY'S MATCHING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 40-B173210 FOR THE PERIOD WHICH BEGINS UPON EXECUTION OF THE GRANT AGREEMENT AND ENDS ON JANUARY 31, 2026; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE, IMPLEMENTATION OF, AND COMPLIANCE WITH THE GRANT AWARD. ENACTMENT NUMBER: R-24-0131 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number RE.10, please see Item Number RE. 6. City of Mianii Page 55 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 RE.11 15626 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER, PURSUANT TO SECTION 18-72(B)(14) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO SELECT UP TO FIVE (5) PROSPECTIVE INDEPENDENT EXPERTS IN LEGAL AUDITING AND REVIEW TO REVIEW PENDING LITIGATION CASES INVOLVING THE CITY WHERE THE AMOUNT IN CONTROVERSY IS FIVE MILLION DOLLARS ($5,000,000.00) OR MORE AND PROVIDE RECOMMENDATIONS FOR OPTIMIZING THE MANAGEMENT OF THOSE PENDING LITIGATION CASES AND PROVIDE A REPORT TO THE CITY COMMISSION; DIRECTING THE CITY MANAGER TO OVERSEE THE PROCESS OF HIRING THE EXPERT AND TO ENSURE THAT THE SELECTION IS MADE BASED ON THE EXPERT'S QUALIFICATIONS, EXPERIENCE, AND REPUTATION IN THE FIELD OF LEGAL AUDITING AND REVIEW; FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE THE NECESSARY FUNDS TO COVER THE EXPENSES ASSOCIATED WITH HIRING THE EXPERT AND CONDUCTING THE REVIEW AND AUDIT OF THOSE PENDING LITIGATION CASES; FURTHER DIRECTING THE CITY MANAGER TO SELECT THE EXPERTS AND PRESENT THEM TO THE CITY COMMISSION FOR FINAL SELECTION AND APPROVAL BY APRIL 25, 2024. MOTION TO: Defer RESULT: DEFERRED MOVER: Damian Pardo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item RE.11 was deferred to the April 25, 2024, City Commission Meeting. Chair King: -- 11 th, 2024. I am your Commission Chair, Christine King, and I'm joined here with my colleagues, Vice Chair Joe Carollo, Commissioner for District 1, Miguel Gabela, Commissioner for District 2, Damian Pardo, and Commissioner for District 4, Manolo Reyes, who I'm proud to say is in remission from his cancer scare. Applause. Chair King • We are going to begin. I believe Commissioner Gabela would like to withdraw an item. (COMMENTS MADE OFF THE RECORD) Todd B. Hannon (City Clerk): My apologies, sir. Commissioner Gabela: RE.11. Chair King: RE.11. Commissioner Gabela: I'd like to defer that to the 11 th. Chair King: Oh, to defer it. City of Miami Page 56 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 RE.12 15625 Commissioners and Mayor Commissioner Gabela: Yes. Chair King: Do I have a motion? Commissioner Reyes: To withdraw? Chair King: To defer RE.11 to the next commission meeting? Commissioner Pardo: I'll make a motion. Chair King: So 1 have a -- Commissioner Reyes: RE.11 is authorizing the financial legal audits, yes? Okay. Chair King: `Til -- Commissioner Gabela: Yes, until the next commission meeting. If it's okay with you guys. Commissioner Reyes: Okay, okay. Chair King: I have a motion. Do 1 have a second? Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. RE.11 is deferred. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION PROHIBITING ANY FUTURE PAYMENT OF ANY ATTORNEY FEES OR COMPENSATION TO THE LAW FIRM OF KUEHNE DAVIS LAW, PA AND BENEDICT P. KUEHNE FOR LEGAL SERVICES RENDERED IN ANY MATTERS INVOLVING THE CITY OR CITY OFFICIALS. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For additional minutes referencing Item Number RE.12, please see "Public Comments for all Item(s). " Chair King: For the remainder of the RE (Resolution) items, we have RE.6, 7, 8, 10, 11, 12, 13, 15 -- 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22. Do any of my colleagues -- would any of my colleagues like to pull any of the remaining for discussion? Commissioner Gabela: Yeah. Okay, so 6, 7, 8, 9. City of Miami Page 57 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Chair King: 9 has been deferred. Commissioner Gabela: Okay, so 1'd like to pull 11, RE.11, RE.12. Chair King: Okay. You want to pull those. Commissioner Gabela: Hang on a minute, please. RE.16. Chair King: I'm going to pull RE.16. Vice Chair Carollo: So you're pulling RE.11, Commissioner? Chair King: 11 and 12. Vice Chair Carollo: 11 and 12. Okay. Commissioner Gabela: Yeah, 11 and 12 is what I said. Chair King: 11, 12 and 16. Commissioner Gabela: And 16. Okay. Commissioner Reyes: Okay. Commissioner Gabela: And then that's it for me. Chair King: Okay. Commissioner Gabela, do you have any remaining RE items that you would like to pull for discussion? RE.9 has been deferred until May 23rd. Commissioner Gabela: That's been deferred? Vice Chair Carollo: You've got RE.11, 12, right? Commissioner Gabela: 11 and 12, right. Chair King: Yes, RE.11, 12, and -- Commissioner Gabela: 16. Chair King: -- 16. Vice Chair Carollo: That's yours, 16, Commissioner. Victoria Mendez (City Attorney): On RE.12 -- Commissioner Reyes: Yeah, 16 is mine. Ms. Mendez: -- Commissioner Gabela. Commissioner Gabela: Yes, ma'am. Ms. Mendez: Yesterday I had sent you information. I don't know if that changes whether you're withdrawing this item, for RE.12, which is the pending -- Commissioner Gabela: Yes, you're right. So that item is actually -- it's moot because of what happened. City of Miami Page 58 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 RE.13 15682 Commissioners and Mayor Ms. Mendez: Okay. You're fine then? Commissioner Gabela: 1 thinkl am, yes. You just reminded me. Ms. Mendez: So, then -- Chair King: Do we want to withdraw that? Ms. Mendez: Yes. Commissioner -- Chair King: Commissioner Gabela, do you want to withdraw it? Vice Chair Carollo: Which one is that? Chair King: RE.12. Commissioner Gabela: RE.12. Because the gentleman took himself out of the case. Chair King: So you want to withdraw it? Commissioner Gabela: So let me withdraw that one. Ms. Mendez: Thank you. Chair King: Okay, may 1 have a motion to withdraw RE.12? Commissioner Gabela: Motion. Commissioner Reyes: Move it. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: RE.12 has been withdrawn. Okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE CITY MANAGER TO CREATE A PROGRAM TO MONITOR AND TRACK THE STATUS AND BUILDING INTEGRITY OF STRUCTURES DESIGNATED HISTORIC IN THE CITY OF MIAMI. ENACTMENT NUMBER: R-24-0132 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number RE.13, please see "Public Comments for all Item(s)" and Item Number RE. 6. City of' Miami Page 59 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 RE.14 15764 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION PROPOSING THE NAMING OF THE UNDERDECK PROJECT AS THE "REVEREND EDWARD T. GRAHAM GREENWAY" IN HONOR OF HIS EXTRAORDINARY LEGACY AND ENDURING IMPACT ON THE CITY OF MIAMI; DIRECTING THE CITY MANAGER TO INITIATE NEGOTIATIONS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") TO ENTER INTO AN AMENDMENT TO THE THIRD MEMORANDUM OF UNDERSTANDING, EXECUTED ON OCTOBER 20, 2023, TO PROVIDE FOR THE NAMING; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0133 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number RE.14, please see "Order of the Day" and "Public Comments for allItem(s)" and Item Number RE.6. City of Mianii Page 60 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 RE.15 15814 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. R-24-0089, ADOPTED ON MARCH 14, 2024, AND REPLACING IN LIEU THEREOF, WITH A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($200,000.00) ("GRANT FUNDS") FOR THE REMOVAL OF DERELICT VESSELS FROM THE CITY OF MIAMI'S ("CITY'S") JURISDICTIONAL WATERWAYS ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF THE GRANT APPLICATION; FURTHER, IN THE EVENT OF THE AWARD, AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT FUNDS FOR FISCAL YEAR 2024-2025 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO ALLOCATE THE REQUIRED MATCHING FUNDS AND OTHER PROJECT FUNDS IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($200,000.00) TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED FROM CAPITAL PROJECT NUMBER 40 - B25TBD OR OTHER LEGALLY AVAILABLE FUNDING SOURCES AND TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO. ENACTMENT NUMBER: R-24-0134 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number RE.15, please see "Public Comments for allltem(s)" and Item Number RE.6. City of Miami Page 61 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 RE.16 15816 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY ("COUNTY") FOR THE COUNTY OFFICE OF THE INSPECTOR GENERAL ("COUNTY OIG") TO EXERCISE ITS POWERS AND DUTIES, AS OUTLINED IN SECTION 9.11 OF THE COUNTY'S CHARTER AND SECTION 2- 1076 OF THE COUNTY CODE OF ORDINANCES, AS AMENDED, OVER THE CITY AND ITS OFFICERS, OFFICIALS, EMPLOYEES, BOARDS, AGENCIES, AND INSTRUMENTALITIES, UNTIL SUCH TIME AS THE CITY CREATES AND ESTABLISHES ITS OFFICE OF THE INDEPENDENT INSPECTOR GENERAL, SUBJECT TO ALL NECESSARY BUDGETARY APPROVAL AT THE TIME OF NEED; DIRECTING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE INTERLOCAL AGREEMENT WITH THE COUNTY FOR SAID PURPOSE WITHIN THIRTY (30) TO SIXTY (60) CALENDAR DAYS FROM THE DATE OF ADOPTION OF THIS RESOLUTION; FURTHER PROVIDING AND REQUIRING THAT ANY REQUESTS FOR ADDITIONAL TIME TO NEGOTIATE AND EXECUTE THE INTERLOCAL AGREEMENT WITH THE COUNTY SHALL REQUIRE CITY COMMISSION APPROVAL; FURTHER PROVIDING AND REQUIRING THAT ANY FUTURE PROPOSED AMENDMENTS TO THE INTERLOCAL AGREEMENT SHALL REQUIRE CITY COMMISSION APPROVAL; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0135 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Okay, now we are -- Commissioner Pardo: Madam Chair, for RE.20 -- Chair King: RE.20, uh-huh. Vice Chair Carollo: Can we do these others first and then go to RE.20? Commissioner Pardo: Well, it impacts the others, so I was hoping we could get this one -- Chair King: So -- okay. Vice Chair Carollo: How can -- how can it --? Hold on, hold on, hold on, hold on. You say it impacts. It seems like, you know, if there's a reason why you want to remove the City Attorney where she can't serve the rest of the day, then be out in the open. Be frank with it. Commissioner Pardo: I am being -- I think -- City of' Miami Page 62 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Vice Chair Carollo: But what is it that it's going to impact? I mean, she's the city attorney. She's been here through all this time, knowledgeable. How is it going to impact the others in what we're going to discuss and make a decision here? Commissioner Pardo: Because I'd like afresh look at this from another source. Vice Chair Carollo: Well, when you say afresh look, are you looking for afresh look, or are you looking at a way to save face with this -- Commissioner Pardo: No. Vice Chair Carollo: -- in what you're doing? Because any source, unless it's someone that's going to tell you to go against your fiduciary responsibilities and put the City at risk, is going to tell you the same thing that she has. So, I don't understand what you're getting to, but let's take SR.2. You didn't have any problem in this with her -- Commissioner Pardo: Commissioner, my request -- Vice Chair Carollo: -- the last time that it was here. Commissioner Pardo: Madam Chair, my request is to do RE.20 first so that we can move on to the others after, in that order. Chair King: So, what I'd like to do is take up the REs (Resolutions) that we have remaining, RE.11. Does any --? Todd B. Hannon (City Clerk): RE.11 was deferred to April 25th. Commissioner Gabela: That was deferred. Chair King: Oh, I'm sorry, I'm sorry. Okay, wait. Commissioner Reyes: RE.16. Chair King: RE.16. Commissioner Reyes: That it was pulled by -- Commissioner Gabela: That was moved -- yeah. Chair King: Right. Commissioner Reyes: -- Vice Chair. Chair King: Right, so that was pulled. So I'd like to go in -- RE.16. Commissioner Gabela: No, that was -- Vice Chair Carollo: That was pulled, right? Commissioner Gabela: That was pulled. Vice Chair Carollo: Okay. Chair King: For discussion, right? Do we --? City of' Miami Page 63 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Gabela: No, not for discussion. For -- Commissioner Reyes: No, no -- Vice Chair Carollo: It was pulled. Commissioner Gabela: -- the next time, right? Commissioner Reyes: Huh? Commissioner Gabela: For the next time. Didn't we agree to defer this? Commissioner Reyes: No. Todd B. Hannon (City Clerk): RE.16's in play. Commissioner Gabela: Yes. Commissioner Reyes: Is in play, is in play. Mr. Hannon: It was just pulled from a block vote. Chair King: It was for discussion. Do you want to defer it? What -- is that what you wanted to do, defer it? Commissioner Gabela: 1'd like to defer it in light that I'm seeing that the agenda of what we have ahead is -- Commissioner Reyes: Wait, wait, wait, wait, wait. Chair King: Okay. Commissioner Reyes: May I? Chair King: Um-hmm. Commissioner Gabela: Absolutely. Commissioner Reyes: This is -- RE. 16, it is an interlocal agreement. You see, we are talking all the time talking about corruption, and corruption here, corruption there. This is an interlocal agreement with the Inspector General of Miami -Dade County. So, I mean, they have to agree, but the Administration will enter into an interlocal agreement. Commissioner Gabela: No, no, I know what it is. Commissioner Reyes: So they will have somebody that all of these contracts, all of this, I mean, every time that we talk about corruption and all of that, well, we have somebody that is going to be auditing whatever and all the decisions that we make. And that's why I propose the independent auditor. I mean, it's a -- an inspector general that it is totally, totally independent, totally, independent. And that's the only way, if we are serious about correcting and getting rid of the so-called corruption that we have. First of all, we have to find out where the corruption is, and then we have to root it out, okay? And the only way that we're going to do that is with an inspector general, which is totally, totally -- City of' Miami Page 64 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Gabela: Yeah, but the thing is that we were discussing in the briefing with the City Manager and others, and the thing is that we're not even sure they want to do this, and they're going to want to do it, and then we've got to pay them to do it. Commissioner Reyes: What? Commissioner Gabela: The 16, isn't this what we were talking about, Art? That -- Arthur Noriega (City Manager): So the question came up in the briefing with Commissioner Gabela as to whether or not we had spoken to the IG (Inspector General) yet, and I said, no, we haven't. Commissioner Reyes: Well, this -- Mr. Noriega: We haven't, we can't until this item is either approved -- Commissioner Reyes: Absolutely. This item -- Mr. Noriega: So one of the suggestions I had was if there were to be proffered a -- an amendment to this was give us direction to go talk to them first. Commissioner Reyes: Absolutely. I mean -- Mr. Noriega: Right? Because in the end, they could come back and go, look, we don't have the capacity for it, or to onboard personnel for six months doesn 't make sense. They've got a lot of variables to this, right? Commissioner Reyes: Listen, what I'm trying to do, you see, we know that we have a question in the next election about establishing an inspector general. We have that, and I'm very hopeful that the voters are going to vote in favor. I mean, if -- I mean, meanwhile, in order not for us to wait until we appoint someone, and have an interlocal agreement with the actual inspector general from Dade County, just like Dade County Schools has it, you see? So any problems, they can come in and they can do the investigation as they have done to all the governmental agencies. And it is an independent, an independent analysis and that which will -- I mean, it will be free of any political, I mean, intervention or of any political pressure, you see? That's what I'm trying to do, see? And that's what it is. Commissioner Gabela: No, no, nobody's questioning -- nobody -- Commissioner Reyes: And yes, I agree. They might not -- they might say, hey, listen, I mean, we cannot do everything, but let's at least give it a chance that we approach them and try to, maybe this is written wrong, but it's a directive to the Manager, you see, to go and try, to get into an interlocal agreement with the inspector, the county inspector general, so it overlooks the business of the City of Miami. Because I'm sick and tired of everybody, wherever I turn it, it is corruption, corruption, corruption, we all corrupt. No, no, we're not. We're not. There are some, maybe, I don't know. But not this guy here, okay? So, if we want to stamp out corruption and the -- the narrative, hut we have to take action. Commissioner Gabela: No, no, but listen, if I can interject for a minute, what 1 meant was that it's not clear what his -- he needs clarification on and direction on what exactly you want to do. But then the other question is we also have the question of Mr. Guba and his department, which if you're successful, if that is successful in August, the primary, right, for the -- Commissioner Reyes: Yes, it is -- City of Miami Page 65 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Gabela: Then Mr. Guba's department, he's going to be gone at some point. And by the way, his contract is coming up. Commissioner Reyes: Well, I -- Mr. Guba, his contract is going to come in -- coming up, and I'd rather have the independent, an MOU (Memorandum of Understanding) with the Dade County Inspector General than to extend Guba's -- because anyways, he is welcome to apply for the position, you see. And the independent committee will select from the best of them. But he is welcome to (UNINTELLIGIBLE), but I don't want to -- I mean, we're not firing him or anything. It is -- the contract will not be extended. We have an independent inspector general that is going to be looking into the business of the city. Chair King: So it seems as if what I'm hearing is that we want to direct the City Manager -- Commissioner Reyes: That's right. Chair King: -- to speak with the County about this and get back to us. Is that what I'm understanding? So do I have a motion? Vice Chair Carollo: Move. Chair King: And a second as amended? Commissioner Reyes: This authorize a direction to the City Manager. That's what this (INAUDIBLE). Mr. Hannon: Mr. City Attorney, so the course of action to be taken by the Commission, number one, RE.16 is currently being discussed, but it sounds as though they may be moving in the direction -- well, maybe would rather just direct the City Manager to reach out to the office of the Inspector General. So are you going to --? Do you want to amend RE.16 or is that a separate item? Commissioner Gabela: Can I ask a question before we --? Manolo, can I ask this question? We're now -- we now have Guba, his department, right, and his contract is going to be up. What I was trying to do is, number one, get confirmation that they're going to want to do it, because first of all, they might not want to do it. But let's pretend they do want to do it, then we've got to pay them. But then we're also paying Guba at the same time, and then the referendum thing is coming up in August. So, now we've got three things going on, or possibly three. Commissioner Reyes: We would meet, we would meet. By the time that we enter into an agreement and all that, the time that Guba's contract is going to come up, I mean, the only thing that we have to do is not extend it and direct him to apply for this, you see? Vice Chair Carollo: When is his contract over? Commissioner Reyes: It is about next month or something like that. Commissioner Gabela: I think it's in May is when it comes. Commissioner Reyes: May, yes, in May, you see? That's what it is. I mean, by May, we will -- the interlocal agreement, we will not be ready for it. Commissioner Gabela: Alright, let's take a -- City of Miami Page 66 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 RE.17 15822 Commissioners and Mayor Commissioner Reyes: And this, what we're saying is -- Commissioner Gabela: Let's take a vote then. Commissioner Reyes: -- what we are doing, what I'm trying to do here is direct and authorize the City Manager to enter into interlocal agreement. If we don't succeed, well then, we will extend it for the time of the election and all of that. But that's what I want. I mean, I want as soon as possible to get an independent auditor to take, I mean, to look into our actions. You see, we spend the whole time going on the radio, they're just, we're going to stamp out corruption. Well, let's start working on it. Commissioner Gabela: All right, so motion -- Commissioner Pardo: I agree. Commissioner Gabela: -- to do it. Commissioner Pardo: I'll second it. Commissioner Reyes: Okay. Chair King: So, I have a motion and a second. All in favor? The Commission (Collectively): Aye. Mr. Hannon: As is. Chair King: As is. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO OBJECTION AND SUPPORTING THE CO -DESIGNATION BY MIAMI-DADE COUNTY ("COUNTY"), PURSUANT TO RESOLUTION NO. R-729-23, THAT PORTION WITHIN THE CITY OF MIAMI'S LIMITS OF TAMIAMI CANAL ROAD AT ITS INTERSECTION WITH NORTHWEST 63RD AVENUE AS "SOR HILDA ALONSO"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. ENACTMENT NUMBER: R-24-0136 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number RE.17, please see Item Number RE. 6. City of Miami Page 67 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 RE.18 15824 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ADMINISTRATION TO INVESTIGATE AND ENFORCE BOTH THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND THE LAWS OF THE STATE OF FLORIDA AS IT PERTAINS TO "SMOKE SHOPS" LOCATED WITHIN THE CITY OF MIAMI WHICH SELL SYNTHETIC CANNABIS WHICH IS EITHER ILLEGAL OR NOT ALLOWED PURSUANT TO THEIR CERTIFICATES OF USE AND/OR BUSINESS TAX RECEIPT. ENACTMENT NUMBER: R-24-0137 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: RE.18. Can someone -- Mr. City Attorney, can you go over this? George Wysong (Deputy City Attorney): Okay, actually, we probably need the Chief of Police. Commissioner Reyes: Yes. Mr. Wysong: RE.18. The Resolution was read by title into the public record by Deputy City Attorney George Wysong. Chair King.: Okay. Do I have a motion? Vice Chair Carollo: Move. Chair King: Second? Commissioner Reyes: Second. Commissioner Gabela: Second. Chair King: All in favor? The Commission (Collectively): Ave. City of Miami Page 68 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 RE.19 15844 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REQUIRING THAT FOR ALL RESOLUTIONS OBLIGATING CITY FUNDS TO CITY CAPITAL PROJECTS MUST IDENTIFY THE SPECIFIC FUNDING SOURCE AT THE TIME OF THE ADOPTION OF THE RESOLUTION; PROVIDING THAT THE PROVISIONS OF THIS RESOLUTION SHALL NOT APPLY TO AN OFFICIAL ACT THAT MUST BE TAKEN TO DEAL WITH AN EMERGENCY SITUATION AFFECTING THE PUBLIC HEALTH, WELFARE, OR SAFETY OF THE PUBLIC; PROVIDING THAT THE CITY COMMISSION MAY WAIVE THE REQUIREMENTS OF THIS RESOLUTION BY AN AFFIRMATIVE VOTE OF THREE (3) MEMBERS OF THE CITY COMMISSION; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0138 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: RE.19, that was pulled for discussion. Commissioner Gabela: Yeah, 1 think it was me. I'm not sure. I think it was me. Chair King: Do you have any questions still, or have you resolved it? Commissioner Gabela: Okay, so -- so, alright, so on this one, we wanted clarification because we came upon some things that have been done in the past. Okay, that a resolution was passed, let's say, to buy a couple of properties, and then there had to be a second resolution to identify where the funding was coming from and disperse the money before the money was dispersed. We asked for that second document, okay, and it's not been clear to me, been made clear to me whether that was followed or it was not. If it was not, then there's a problem, okay. And I also want to speak, I should bring this up, you know, I'm not a hypocrite, I just, you know, I hate petty stuff, you know, but this is the thing. I read the Miami Herald piece, okay, regarding Mr. Carollo's District 3, okay, and the impact fees and what happened with the developer, that that developer was supposed to give those impact fees and spread those impact fees within the five districts. And then, according to the Herald, that money was somehow directed to Mr. Carollo's district, okay. And this kind of plays in with this. You know, I didn't know about the Herald thing until I read it this morning. But in actual fact, when we do a resolution, and you know the DREAM (Department of Real Estate and Asset Management) Department is going to buy a property, we direct them to buy a property, okay and we buy -- before that money's dispersed, I think that there's something in the books that says you must do a second resolution. And to inc it's not clear whether that's, you know, being done. And also, I'm concerned about this problem and I'm not accusing anybody. I just read the article. I am a commissioner. I have to take notes just like everybody else. You know, I'm not saying anything, Carollo, that you did this. You know, I'm just saying what I read. If that's the case, you know, I don't think that's fair. If that money was allocated to the five districts, I want my piece for my people. That's all I'm saying. So I would like clarification on this, on these two issues. Can somebody enlighten me here? Chair King: Staff is anyone -- City of Miami Page 69 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Gabela: Am 1 wrong? Am 1 --? Chair King: -- here to speak on this issue? Larry Spring: Through the Chair, Larry Spring, Chief Financial Officer. Commissioner Gabela: Sir. Mr. Spring: 1 met with the Commissioner's staff yesterday. They provided me with more -- Commissioner Gabela: Yeah, my concerns. Mr. Spring: -- yeah, more of the details and concerns. I've been doing the research on the legislative steps. Commissioner Gabela: By the way, this was before Larry 's time. Mr. Spring: Yeah, yeah, it was. Commissioner Gabela: I know that. Let me just put that on the record. Mr. Spring: But I've been researching the legislative steps. We're now trying to reconcile to the budget appropriations. So if you give me a day or two, we will get it out. Commissioner Gabela: Alright. Mr. Spring: And if you want a formal report, we'll push one out. Commissioner Gabela: Granted. Mr. Spring: But we are working on it. Vice Chair Carollo: Chairwoman. Thank you for bringing that up, Commissioner Gabela. Commissioner Gabela: You're welcome. Vice Chair Carollo: Even though we're off track on the item I figure that will be corning up in 20, not 19. We'll deal with it in 19 and then if you like, or others would like, we could keep dealing with it in 20, RE.20. Let me say first and foremost that this commission is the only body that can approve any buying of properties, any upgrades on parks, any new parks to be created, any affordable housing to be built. None of our districts can do any of this, no matter where the money's from, unless it comes to this body and this body approves it. Now, I've been around too long not to understand, especially how things have been in the last years here, how the local tabloid plays with each new hero that they find until they can't use them anymore, then they trash them and look for a new one. And this story was perfectly piarmed to come out this morning for the sole reason of giving something so that the guillotine could be pulled on the city attorney because there is nothing else to do -- Commissioner Gabela: But Carollo, I never mentioned the city attorney. City of Miami Page 70 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Vice Chair Carollo: Hold on. I'm not talking about that. I'll address that in a second. Let's do what we -- what you said that we all should do. When we all finish talking, then -- Commissioner Gabela: Yes. Vice Chair Carollo: -- others can talk. Commissioner Gabela: Absolutely. Vice Chair Carollo: And I think I've done that with you, and 1 appreciate that you're going to do it with me. Commissioner Gabela: I'm just having a conversation. Vice Chair Carollo: Yeah, I understand. Now, having said that, why this story came out today in the fashion that it did, I'm going to give you some examples. And your district is one that needs to be fighting, because you're one of the three poorest districts in the city. You have some parts that are not that poor, like I do, but Allapattah is one of the poorest districts, and I understand that. Having said that, the Freedom Park project, that's huge. You're going to get way over the lion's share of what's coming from there. It's not going to be divided 20-20-20-20-20. I understand that. Even though 1 consider that more of a regional project or park, it's in your district, it's going to have the impact there. That district needs that money too because of what we all know. And it's correct that you take the lion shares of the monies there. It's not going to be the other districts that get the impact of traffic and all the other things that go along with it. This is the same thing in Little Havana, the same thing in Little Haiti and in some of our other poor areas. When Commissioner Hardemon was here, not that long ago, he fought, rightly so, and in Little Haiti, it's rare, like in Allapattah or your district or my district, to get major projects that come forward. They're not District 2, that you have them all the time, one after another, because they're in the water and everybody wants to build for the rich and famous there, so it brings a lot of money. Little Haiti, the Magic City Casino project for the future, that money and all those impact fees are staying there. Before I got to District 3, the commissioner that was there before me, Frank Carollo, nay brother, he did the same thing with the only other project, besides this one, that has come to District 3 of a sizable amount that was going to leave sufficient dollars. So all those dollars would be left in District 3. Sadly, it took so long for that project to get up and going. He's out of office already and been out of office now for over six years, and now is when a little bit is going to trickle down that that project is going to be paying down dollars. The same thing with this project. The bulk of the money is going to come in when I'm gone, it'll be for the future. And that's how I've looked at it, for the future of that district. District 3 is the district by far with the least amount of park space in all the districts in the city of Miami. I know that we have extreme poor areas, Little Haiti, Liberty City, and Overtown, and Allapattah. Little Havana, it's right there in the midst with those others that I mentioned, where you need major affordable housing. And I'm not talking about just workforce housing. I'm talking about affordable housing. Now, the agreement that had been done before contemplated for those dollars to stay there. That had basically become the norm, if I want to say the tradition, that this commission was doing. In District 2, it's the richest district in the city. Their affordable housing, the countertops, they're made out of granite, sometimes even marble. I don't think we have to upgrade them to gold-plated. And they have project after project after project. Commissioner Reyes' District, while it doesn't have the impact of major projects either, it's rare, you're going to get some now, along 37th and 7th Street and so on. The difference there is that, unlike Allapattah, unlike Little Havana and in District 5, the bulk of the housing that he has are middle -income housing owned by the people that live in them. And they've kept it City of Miami Page 71 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 in the family for years. So it has that difference also. What was done during the worst time that this city had experienced, especially in the beginning, when you're talking about March, April, that the pandemic was just kicking in. Everybody was in a panic because we really didn't know how much of an effect it was going to have. People were dying everywhere. People were getting sick. Everything was shut down. Construction stopped to nothing. Every developer was petrified to make any decisions into the future because no one knew what kind of future we were going to be facing. But the City Administration, other City departments, and yes, the Law Department that always has to guide the Administration, we were able to negotiate a much, much better deal than the one that the Commission approved, whereas we were able to negotiate for an additional $10 million, either in direct cash or in benefits that had the equivalent of that cash. For instance, besides impact fees, they were going to be guaranteed, even if they would build less, which they're going to now, but they can go lower than four million, we made them increase and giving us 90 parking spaces, that they had to construct in the building for the people that would come to that park that would be individuals from the whole city. Because none of our parks have a sign that said only for residents that live in District 2 or 4 or 3 or 1 or 5. They're parks for all city residents. This park, Southside Park, has no parking. And what off-street parking you have, you might have, if you're lucky, you might count 12 spaces, but with all the huge buildings, you never find any. So whoever comes to the park either has to come walking or they're going to have to pay a hefty parking fee in some of the parking lots there to be able to use it. So we were able to get 90 spaces for free that are going to be controlled by off-street parking for any city resident that comes. They could get free parking to use the park. In addition to the $1 million that was going to be spent in refurbishing, redoing the park, that was brought up to $3 million. The original 5 million that they were given for the rights to build there, we brought it up by another $4 million, et cetera. So, I don't think the Commission expected any of that to come back. What the Commission expected was that if we were going to be receiving substantially less money than had been contemplated in February on this project, then yeah, you want to see it. But for ten more million that you're getting, I don't think anybody needed to see that whatsoever. Now, the Commission approved for the Manager to have the rights to sign that contract and to do everything else that he needed to in that contract. And as I said, this is not something new that I've created. My predecessor in District 3 did it. District 5 has done it. I don 't know if with Commissioner King, there's been some that have happened there in addition to Magic City Casino or not. With you, your predecessor worked some of that out. You still have an opportunity, I think, to work some more of it, because there 's still more meat in the bone in that one. With Freedom Park, which is huge, that's the crown of all the projects that we have, and the size. And that's going to help Allapattah and your poorer areas tremendously. And you will have my support 100 percent. Commissioner Gabela: Thank you, but -- Vice Chair Carollo: Other districts here, proportionally during that time, have received from impact fees, from other fees, a lot more than District 3 had. I didn 't complain. So, it's great that the Miami Herald wanted to come today with this story to push the story that they're trying to against this city. But no one here has done anything wrong whatsoever unless you think that by negotiating $10 million in a contract that the City negotiated during a time that you got to wonder how we even had a contract left was wrong. And that was accomplished by your City Manager, your City Attorney, and other staff members of the City, and a little bit of me giving my input as the district commissioner. Commissioner Gabela: Well, here's what I'm saying. So what I'm saying is, you know, the -- at the end of the day, I realize, you know, all the time, you know, this goes on the press, somewhat is accurate, but you want the press because we don 't want to be Cuba or Nicaragua or Venezuela that we don't have no press, and you know what I City of Miami Page 72 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 mean? So, you know, at the end of the day, you've got to balance things out and you don't want the pendulum to swing too wide one way or the other. But here's my point. The reason I'm stating that is because the article is about your area and it does mention your name. Now, if there -- if the point is, if there was a contract with a developer to split that money when it came in, and I realize and I heard everything you had to say. But if that was the contract, that is the contract. Okay, and whoever is the one that deviated, if it is true, if the story is true, because you're questioning the story. Vice Chair Carollo: It's the contract that was signed. Commissioner Gabela: Yeah, I'm talking about the contract of the impact fees that was negotiated with the developer, but then the developer -- what the Herald says, that then that money was diverted, didn't go to all the districts. That's what I'm saying. I'm not saving -- I don't know who's in charge, but somebody's got to be in charge at the end of the day, okay? And if that's the deal, that was the deal, and that's simply what I'm saying. Okay, I realize, you know, you turned it around, then you talked about, you know, the Freedom Stadium, which you're correct. But -- and like you properly said, remember, a lot of those people are going to be impacted on 37th Ave. Vice Chair Carollo: But you don't think that in this project, which is a big project -- Commissioner Gabela: No, no, no. Vice Chair Carollo: -- there's not going to be a major impact. Commissioner Gabela: Of course. Vice Chair Carollo: In fact, I'll offer you this. Take all the money from this project and give me 50 percent of what you're going to get over there in Freedom Park. Commissioner Gabela: No, I don't think I want to make that deal. Commissioner Reyes: Madam Chair, Madam Chair, may I? May I, please? That article was mentioned and I was quoted. And I stand for what I said. I mean, the difference is that I do remember that there was, I mean, you made a great argument for the -- I mean, they offer the amount of money that they did, and they stayed in District 3, but also the contract stated that if there was going to be any substantial change, that it had to come to the commission. Vice Chair Carollo: But it (UNINTELLIGIBLE) -- that substantial change was -- Commissioner Reyes:. Well, hold on a second. Let me finish. Let me finish, okay. And in my -- when they asked me, and I said, I would have liked, you see, if it is a substantial change, I would have liked to at least argue it, because I would have, I mean, I would have liked to get my, hands on it. But if you would have made a strong argument about it, I might have voted for you, you see? And besides that, I got to remind you of something. When you say that Melreese, that there's going to be, I mean, that all the districts are going to benefit, well, they were $20 million, right? It was going to be divided on the people that voted for it. I voted against it, I'm not receiving anything. Vice Chair Carollo: I'm not talking about that $20 million. I'm talking about all the other monies -- Commissioner Reyes: Okay. City of Miami Page 73 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Vice Chair Carollo: -- that are coming. Commissioner Gabela: That ain't going to fly. Vice Chair Carollo: That's -- Commissioner Reyes: I'm not receiving anything from it. Vice Chair Carollo: -- the $20 million is peanuts compared to all the other monies. Commissioner Reyes: Okay, then now that you are so generous, what you should do is rescind that, that it must be divided among the guys that voted against it and make it even, you see? And so 1 could get at least four million dollars out of that and 1 would more than glad to spend that in my district. Vice Chair Carollo: I've been thinking about some of the things you have outstanding that I might be able to help you even more than the four million. Commissioner Reyes: Oh, thank you very much, sir. It's always welcome. Vice Chair Carollo: Well, we might have to have a meeting, you know, an open meeting -- Commissioner Reyes: Sure. Vice Chair Carollo: -- so that we can discuss that. Commissioner Reyes: That's right, a Sunshine meeting. Commissioner Pardo: Madam Chair, I just wanted to add, District 2 is a very diverse district. It has many challenges. And we're also a donor district, generating 70 percent of the revenue of the city. So balance our comments. Chair King: You don't have to apologize for having -- Vice Chair Carollo: If we would truly divide the city in districts the way it should be, instead of from north to south, you know, we would go up from the bay across in five slices, all five districts would also be wealthy, because each district would then get a big piece of oceanfront, where the money comes from. So if, you know, you would like that, I would be fine with that. Let's just cut it straight down across, where everybody gets a piece of the ocean. And this way, you don't have to be a donor district anymore. Commissioner Pardo: Well, you're -- I mean, I think you're overlooking the fact that it also has climate resilience and infrastructure issues like no other district and they go unfunded largely. Chair King: Okay. I -- Vice Chair Carollo: I think you get more than the lion's share of dollars. Commissioner Reyes: Then let me just add one thing and I want to be honest with you. You see, there are certain developments that are taking place in certain areas that are in more need, and the effect of that development is going to directly be felt by the area that is. And I think it is fair, it is fair that sometimes, in certain instances, that all the impact fees and whatever the people are proffering, I mean the developers are City of Miami Page 74 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 proffering, remains within the area in order, if they are earmarked, to improve the surroundings of the area. I do agree with that and I believe in that. That will benefit you, will benefit Mr. Gabela, and will benefit all of us, okay? So we don 't have to just -- it all depends. It all depends, okay. Vice Chair Carollo: Miguel, look into what I said to you, because you have a lot of dollars there for the future. It's not immediate, who knows how many years down the line, but there's a lot of dollars there that you will be able to use in your district in the future. Commissioner Gabela: I will look into it. Chair King: So, do 1 have a motion for RE.19? Vice Chair Carollo: (UNINTELLIGIBLE) approved it? Commissioner Gabela: Motion. Vice Chair Carollo: Second. Chair King: Do I have a second? Commissioner Pardo: Second. Vice Chair Carollo: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: RE.19 passes unanimously. Victoria Mendez (City Attorney): Madam Chair? Chair King: Yes. Ms. Mendez: I just wanted to state for the record that the item that was brought up by Commissioner Gabela, having been on the hit piece in the Miami Herald, it clearly stated for the Manager to negotiate. It did not have to come back. So I need to be very clear about that. Thank you. Commissioner Gabela: Well, no, let me be clear. What I said was that what I read in the Herald was that the contract of the impact fees when they started paying was to be divided. That's what I read in the Herald. Correct me if I'm wrong, if I'm getting my information incorrect, but that's what I read. Whether later on, the Manager, you know, that happened, but I'm -- I was reading -- Ms. Mendez: I just -- right, I just want to be clear that not all that the Herald writes is correct. So it -- Commissioner Gabela: But wait -- but -- Ms. Mendez: -- nothing was done inappropriately. When the Commission wants something to come back, it says bring it back. Commissioner Gabela: But what -- City of Miami Page 75 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Ms. Mendez: This was for the Manager to negotiate and that's how it was negotiated to the betterment of the city. Also, whatever goes to District 3, obviously, then that leaves a pool of other things available for the commissioners and other types of money. So this isn 't something -- I understand that everybody works in silos sometimes of what goes into District 3, what goes into District 1, but at the end of the day, if there's monies available for something in District 3 or in District 1 or in District 2, then that frees up other monies in the general fund. So -- Commissioner Gabela: Okay, but -- Ms. Mendez: -- I just wanted to clam that. Commissioner Gabela: Okay, thank you for the clarification. What I wanted to ask you now that you're talking about that, on the resolution that we just passed, 1 was under the impression, okay, and what 1 read, you know, and 1 can read English, okay, is that when you instruct, when we instruct somebody to buy a property, the DREAM department buys a property, we instruct them to buy them, and just before the disbursement of the money, we must identify where the funding is coming from, if it's a bank, what bank, okay? And we need a second resolution on that. Am I mistaken on that? Did I read that wrong? Because I think I read that right, and that's -- in other words, it's not only the first resolution to go buy the property. It's a second resolution, okay, we're going to close on the property, we made a deal, now we have to identi, and that needs to come in front of this body is what 1 interpreted. Vice Chair Carollo: This is why -- Arthur Noriega (City Manager): No. Vice Chair Carollo: This is why I voted for it because I think that's good government. Commissioner Gabela: Okay, that's what -- so that was -- Vice Chair Carollo: You should always be able -- you should always identify -- Commissioner Reyes: That's right. Vice Chair Carollo: -- where the money is coming from that you're going to spend. That's good government. Commissioner Gabela: And that's what -- that's all I'm saying. Vice Chair Carollo: You know, that's why I voted on it. Chair King: Okay. Commissioner Gabela: Alright. City of Miami Page 76 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 RE.20 15846 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. R-24-0018, ADOPTED JANUARY 11, 2024, IN ITS ENTIRETY, AND SUBSTITUTING IN LIEU THEREOF A NEW RESOLUTION APPOINTING JOHN A. GRECO AS INTERIM CITY ATTORNEY UNTIL A PERMANENT CITY ATTORNEY IS APPOINTED BY THE CITY COMMISSION PURSUANT TO THE SELECTION AND APPOINTMENT PROCESS PROVIDED HEREIN; SETTING FORTH COMPENSATION AND EMOLUMENTS; FURTHER RE-ESTABLISHING A SELECTION COMMITTEE TASKED WITH THE COMPREHENSIVE EVALUATION AND INTERVIEW OF PROSPECTIVE CANDIDATES FOR THE POSITION OF CITY ATTORNEY; PROVIDING THE SELECTION COMMITTEE'S PURPOSE, POWERS, DUTIES, COMPOSITION, MEMBERSHIP APPOINTMENT QUALIFICATIONS, AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, MEETINGS, QUORUM, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, PUBLIC NOTICE, AND SUNSET; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0139 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Gabela, Pardo, Reyes NAYS: Carollo Note for the Record: For additional minutes referencing Item Number RE.20 please see "Public Comments for all ltem(s). " Chair King: RE.20. Commissioner Reyes: RE.20. Here we go. Commissioner Pardo: RE.20. Vice Chair Carollo: Madam City Attorney, before we begin in full with RE.20, I'd like to read something into the record and be able to give it because I believe, whether others do or not, it's my belief that this has to do with Item 20. And if I may, this is a public records request to Commissioner Damian Pardo. This is a public records request in the Florida Statutes, Chapter 119, reference any and all information inside the folder that you held up on the commission meeting of March 14th, 2024, whereas you implied that you had information in it reference to the $165,000 plus that you gave to your campaign for Miami City Commission last year. To he clear, I would like copies of any and all the documents that you had inside that )older, you proffered, whether it pertains to the monies you gave your campaign or not. If he could be given a copy, please, and another to the Clerk. So, it's an official public records request, even though a public verbal one should be more than suffice. Okay, we're ready for item number 20. Commissioner Pardo: I'll take that under advisement. RE.20. RE.20 seeks to remove the City Attorney from her current role in terms of running the City Attorney's Office City of Miami Page 77 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 and move her to a transitionary role. It seeks to name its interim City Attorney, John Greco, who returns on 4/22. In the interim, Deputy City Attorney George Wysong would serve in that capacity. She would continue through that period. We would ask that for the April 25th agenda, we have a new appointee for approval to this board and we would ask HR (Human Resources) to make sure the selection committee understands that we would expect them by April 19th to wrap up their process so that we could have a firm name on the April 25th agenda. Commissioner Reyes: Madam Chair, let me ask a couple of questions. Because this has become so, 1 mean, it's a total distraction all the time. I mean, we've got to nip it in the bud, and 1 hope they never hear about this, I mean. But what you're proposing is that City Attorney would cease to be the City Attorney, and then we'll have one of the attorneys, be acting City Attorney. She will still remain until the date that we all agree, which is May 3rd, and will help in the transition that Greco is -- will be --1 mean, we will name him acting City Attorney. I mean, acting, no, interim. We're going to have an acting and interim, and then we will have -- okay, and the City Attorney would remain until the date of May 3rd, which was what we voted unanimously. Okay, I'm good with that. Vice Chair Carollo: Alright. Can --? Victoria Mendez (City Attorney): June 11 -- I just wanted to clarify. June 11 was the date that I was supposed to be in a transitionary role until. The original resolution which Commissioner Pardo seeks to rescind was on January 11 th and you gave the committee -- Commissioner Reyes: Five months. Ms. Mendez: Right. Vice Chair Carollo: Five months. Ms. Mendez: So June 11 th was the transition. Commissioner Reyes: Okay, okay, okay, that's fine. Vice Chair Carollo: If I may, Chairwoman, let me make sure I understand this. Commissioner Pardo, you're proposing that we name an interim City Attorney today so that when another city attorney arrives, we then have him be the interim, and then somehow the committee that we name is supposed to finalize everything by April 19th? Commissioner Reyes: I don't think they're going to -- but the interim, Commissioner, will be in place until we finalize. Commissioner Pardo: Correct, correct. Vice Chair Carollo: But we got -- yeah, but I could -- that could even make some sense to me, Commissioner -- Commissioner Reyes: That's right. Vice Chair Carollo: -- if we name one interim. But we're naming one so that we wait for another interim to arrive. Commissioner Reyes: No, this one -- this one is not interim, it's acting. City of Miami Page 78 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Pardo: Right. Vice Chair Carollo: It's the same thing, whether acting or -- they're all acting. Commissioner Reyes: Listen, we -- I mean, we're going on through all this -- Commissioner Pardo: Only because of a vacation schedule. Commissioner Reyes: Let's get it over with. Commissioner Pardo: That's the only reason. Vice Chair Carollo: Only because of vacation. What does it matter? You're still putting two interims together where one doesn't even warm the chair up before you get another one in. I mean, I've never; never in my life, in government, even in, you know, where Andy in Mayberry used to be the sheriff -- Commissioner Reyes: That's right. Vice Chair Carollo: -- have I heard such a thing before. Commissioner Reyes: Mayberry. Vice Chair Carollo: Yeah. Commissioner Reyes: Okay. Vice Chair Carollo: Never. Now, let's go through the process of what we had done. Commissioner Pardo: Madam Chair, can we call the question? Vice Chair Carollo: We -- Mr. Pardo, you, you know, you talk about being a champion of transparency and democracy and people having their First Amendment rights, but you sure don't like people expressing and using their First Amendment rights. Now, you know, I hate to disappoint you, but you're not going to shut me up. You can throw as many motions to censor me. You could ask me as many times as you want to resign. It's not going to happen. It's not going to happen. You know, I'm not a punching bag, and I've been around too long, too long to let someone like you think they're going to come in here and push me around. I know that your buddies, they're squeezing you tight to, you know, do all this. But I want to go through the process so we could all understand just how unusual -- so I could use a politically correct word, phrase -- this is. Three months ago, to this date, we went ahead and approved a five - month transition period, how it's normally done in democracies to bring in a new city attorney. Now, we're two months away. We've only gone through three. Commissioner Reyes: Yeah. Vice Chair Carollo: Can I bring Angela, Mr. Manager, through you, if we could get the Director of' HR (Human Resources) up here to answer a question, because I think I'm missing something and I want to put the pieces of the puzzle together. Angela, how are you? Angela Roberts (Director, Human Resources): Hi, how you doing? Vice Chair Carollo: Good. Ms. Roberts: Angela Roberts, HR Director. City of Miami Page 79 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Vice Chair Carollo: Thank you. How many people have applied that have qualified to be city attorney of the City of Miami? Ms. Roberts: As of March 29th at 5 o'clock, there were three eligible applicants. Vice Chair Carollo: So, for a city this size, the biggest city in Florida, because Jacksonville is a county/city, so they really, don 't count. Because if you're going to count the size of what is really their city, they're much smaller than we are. So for the flagship city of Florida, only three people want to be city attorney in the city? 1 find that difficult to comprehend.) think that we need to go out and advertise more, even if it's just for a short period. After all, we had given until June 11 th, Commissioner Reyes. Commissioner Reyes: Yes, but -- Vice Chair Carollo: Now, let me -- let me go further. The board that we named, what is it called, to select the -- advise -- the advisory board? Commissioner Reyes: The advisory board. Xavier Alban (Assistant City Attorney, Supervisor): The City Attorney Selection Committee. Vice Chair Carollo: For the attorney selection. They themselves wanted more time for more people to apply. And that was denied, correct? Ms. Roberts: Yes, sir. Vice Chair Carollo: Why was it denied? Commissioner Gabela: Wait a minute. We gave them -- sorry to interrupt you, we gave them a month, didn't we? We were supposed to close on -- and then we gave them one extra month. Commissioner Reyes: May I --? Madam, let me clarify this, point of clarification. Point of clarification. The selection committee wanted to change the requirements and all that. Isn 't that right? Ms. Roberts: Yes, sir. Commissioner Reyes: Okay. They wanted to change the -- and I for one, I said no. We are the employer. And the qualifications that were placed, you see, when the announcement were made, people that applied must meet this qualification. How many people applied that were not qualified? Ms. Roberts: There were a total of 14 people -- Commissioner Reyes: You see? Ms. Roberts: -- that applied. We found out that one application was submitted twice. So, there were actually 10 applications that were ineligible. Commissioner Reyes: Ineligible. That is why we have -- because the qualifications required that you have expertise in municipal law. Vice Chair Carollo: I agree with that. City of' Miami Page 80 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Reyes: You see? Vice Chair Carollo: That 1 agree with, yeah. Commissioner Reyes: No, no, but I'm clarifying why we didn't have so many applicants and why they wanted more time, but they didn 't want more time, it came to me, the information, that they wanted to change the qualification. And I said that is not acceptable. Vice Chair Carollo: Well, that I had not heard. Commissioner Reyes: Yes. Vice Chair Carollo: I'm glad that you brought that up and that's clarified because I would agree with you on that. Commissioner Reyes: Yes. Vice Chair Carollo: We should never lower the qualifications. Most of the times, we have them low enough. If anything, it should go up. Commissioner Gabela: Well, I think the reason -- Vice Chair Carollo: Hold on a minute. Give me a break. 1 know we both forget at times. It's normal. Chairwoman and gentlemen, look, to choose from only three, it's just, you know, you talk about transparency and perception, it gives a real bad perception. We need to at least open this up for two or three more weeks, do something different that we haven't done so more people can apply that maybe will qualib). Commissioner Reyes: What do you propose doing something different? Lower the standards? Vice Chair Carollo: No, no, no. You heard what I said on lowering the standards. No way am I in favor of that. Commissioner Reyes: No, no, no. Vice Chair Carollo: What I'm talking about doing different is that we advertise in different publications that we haven't before that are national, that will reach a lot more people. We have plenty of time between now June 11 th -- Commissioner Gabela: You can't do it national because they have to have the Florida bar. It ain't going to be national. Chair King: Commissioner -- Commissioner -- Commissioner Gabela. Commissioner Gabela: It's got to be here in Florida because we don 't reciprocate. Vice Chair Carollo: No, no. No, you're wrong. Commissioner Gabela: We don't reciprocate. Vice Chair Carollo: You're wrong, Commissioner, because there are many attorneys out there. City of Miami Page 81 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Gabela: No, but they're talking. Chair King: 1 know, 1-- but -- Commissioner Gabela: Everybody's allowed to jump in. I'm going to jump in. Vice Chair Carollo: There are many attorneys -- Chair King: I'm trying to not have everybody just jump in. Vice Chair Carollo: There are many attorneys that they might not live in Florida in another state, but they also took the bar here and are qualified in Florida, just like -- Commissioner Gabela: But that's harder to find. Vice Chair Carollo: -- we have a lot of attorneys that are qualified in other states, too so -- Commissioner Gabela: I don't doubt it. But they -- some of them don't have the Florida Bar. Vice Chair Carollo: But look, I think that we need a few more weeks of advertising. I don't think it's going to change anything whatsoever. And advertise it wider than we have. Where have we advertised so far in? Ms. Roberts: So, currently, we advertise with Linkedln. We advertise through NeoGov, which has 144 -- I'm sorry might even be more than that -- search engines that they advertise through. We advertise through the Florida Bar. So, all in all we probably, if you talk about funds also, we probably spent about $1,800 in advertising. Vice Chair Carollo: Okay. Chair King: Commissioner Gabela -- Commissioner Pardo? Commissioner Pardo: Can we call the question on the resolution? Chair King: When everybody -- our City Clerk came to tell me that I have to let everybody speak. Commissioner Gabela? Todd B. Hannon (City Clerk): First of all -- Commissioner Gabela: Well -- Mr. Hannon: -- Chair, I do not have a motion or a second. And second of all, Mason's does allow for a right to debate. Vice Chair Carollo: Yeah. Commissioner Pardo: Thank you. Commissioner Gabela: So -- Vice Chair Carollo: So does the Constitution of the United States. Commissioner Gabela: Okay, so number one, look, I didn't know this was going to take place until I learned in the thing. I thought we were set fbr May or June, what we agreed in January. You know, now, did anybody ever think that maybe part of the City of Miami Page 82 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 reason why we don't have a lot of applicants is what's going on in our city and the reputation that we now have. And I 'in not blaming anybody, I'm just saying that we've got to be truthful with each other. This is a problem to deal with this atmosphere here, that, you know, that's been in the city and talk of corruption, this and that, you know, not a lot of people want to get into that, you know. And then you have -- what I was trying to say, Carollo, is that also if you do a national search, our state does not reciprocate with other states. Some states do, but our state does not. So, therefore, there are highly, a smaller number of people that you can get as applicants in a national search that would also have the Florida Bar. I know this because my daughter is an attorney. She has the Florida Bar, and you know, we talk on time to time. You're also an attorney, you know this. Vice Chair Carollo: Good for you. Good for you -- Commissioner Gabela: You know, so -- Vice Chair Carollo: -- that you have a daughter, Iguess. Commissioner Gabela: No, no. I'm telling you where I got the, you know, the information, why. Vice Chair Carollo: Yeah, well, I'm complimenting you. Commissioner Gabela: Because when she took the Florida Bar, she had to take the exam. The mom, my wife went with her, you know, to help with this and that. But besides that, what I'm truing to say is we've been at this for a long time. I did not expect that this was going to come up, honestly speaking. I mean, this is Pardo's motion. I respect that. I've had my differences with the City Attorney. I thought we were on track for May or June, which is a thing. I asked myself, why now? I don't understand. It's a couple of weeks away, like what you were thinking. But you know what? Thinking of this whole thing, I think we should just get this done and over with, honestly speaking, and move on. And I understand where you're coming from. I understand where you're coming from. I also don 't understand the idea of putting Greco as an interim when Greco's out of the country. I agree with you on that, you know. Vice Chair Carollo: Has anyone spoken to Greco? I don't even know if he's been talked to or not. Commissioner Pardo: Yes, he's been spoken with and he will accept that upon his return. Vice Chair Carollo: Okay, who spoke to Mr. Greco? When you say he's been spoken to, who spoke to him? Commissioner Pardo: The Attorney's Office. Vice Chair Carollo: What attorney's office? Commissioner Gabela: Well, I was notified -- Commissioner Pardo: I believe George Wysong -- Vice Chair Carollo: No. Commissioner Pardo: -- Deputy Attorney. City of Miami Page 83 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Vice Chair Carollo: George, come on up. Jain the fun. Commissioner Reyes: Join the (UNINTELLIGIBLE). Vice Chair Carollo: He says the City Attorney's Office spoke to Greco. George Wysong (Deputy City Attorney): That is correct. Vice Chair Carollo: Excuse me? Mr. Wysong: When this legislation was being drafted -- Vice Chair Carollo: Yeah. Mr. Wysong: -- there was an issue of who was going to be the interim City Attorney. And there was a notion that because my name is in -- Commissioner Reyes: That's right. Mr. Wvsong: -- as far as an applicant, it would appear to sort of put a thumb on the scale. So, there was a decision to not make me the interim City Attorney during the pendency of this time. Vice Chair Carollo: Who made that decision not to make you the interim City Attorney? Mr. Wysong: Well, nobody's made the decision because the decision is yours. But in drafting the legislation that you're considering now, that was the consideration in the promulgation of the legislation. Vice Chair Carollo: In other words, Commissioner Pardo made that decision? Mr. Wysong: Right, it's his legislation. Vice Chair Carollo: And who called Mr. Greco? Mr. Wysong: So, I don't know who called him first, but as he was leaving, getting ready to leave the country, I had a conversation with him where he indicated that he had indeed agreed to fill the spot during the interim period. Vice Chair Carollo: Yeah, but then if you won't take it because of whatever you said how it would look and the thumb or something or other, then why are we going to be naming you now until he gets back? I don't understand. Mr. Wysong: I had nothing to do with that, sir. Vice Chair Carollo: See, this is the problem that we have where maybe people don't want to apply. When they see something like this that's going on, they say, hey, I don 't want to be no part of this. We agreed five months and Ms. Mendez would be out. We agreed that we were going to have a process. Now we've changed everything upside down. And what we're saying here doesn 't make sense for anybody. Commissioner Gabela: All right. I got an idea. Why don't we go straight and name Wysong, okay, attorney, to take Vicky's place. And that's it. And we're done, gentlemen. Commissioner Reyes: No, no, no, no, no, no, no, no. City of Miami Page 84 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Gabela: No? Okay. Commissioner Reyes: Listen, let me tell you why. Commissioner Gabela: No, no (UNINTELLIGIBLE). Commissioner Reyes: No, no, let me tell you why. Let me tell you why. We've been -- we went through this before, you see, when we had a committee to select the fire -- I mean, the chief of police. And then, after all the applicants came in and they went and they did the due diligence, then out of the blue sky, out of the blue sky -- Vice Chair Carollo: The anointed one came. Commissioner Reyes: -- the anointed one. And I believe in process. The process that we determined and we voted for was that we have a selection committee. Commissioner Gabela: Right. Commissioner Reyes: Everybody, one of us, named it. And if Mr. Wysong is the person that that committee selects, he be the city attorney or anybody else. Commissioner Gabela: Well, let me just tell you, Manolo, that in that process, I was left out because when the time frame was extended to extend that application, my office was never notified. Commissioner Reyes: Of what? Commissioner Gabela: Of the extension. The opening of the position was named by us. We said we're going to open it up. We opened it up, and then a month later, you said yourself it was determined that we were going to give others another month. Nobody was ever contacted. Commissioner Reyes: No, no, no, no. Commissioner Gabela: Yes, yes. Chair King: Gentlemen, gentlemen. Commissioner Gabela: No, no, yes, yes. Chair King: Gentlemen. Commissioner Gabela: I know that because I'm not crazy. Chair King: Gentlemen, if may, ifI may. Commissioner Gabela: My office -- my office -- Chair King: If -- Commissioner Gabela: -- my office was never notified. Chair King: Gentlemen, ifI may. Commissioner Gabela: Just for the record. City of' Miami Page 85 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Chair King: Commissioner Reyes, based on the logic that you just said -- Commissioner Gabela: You said it. Chair King: -- we -- and what Commissioner Gabela said -- we had a process. We voted. Commissioner Reyes: That's right. Chair King: We gave our city attorney until June. I'm not clear why this has come back up. Commissioner Gabela: But I'm not talking about that process. Commissioner Pardo: Can I -- Commissioner Gabela: I'm talking about you guys talk about a process, but then some members are left out of that process. I was left out of that process. Now everybody's holy and everybody wants a process. Vice Chair Carollo: No, no, hold on. Commissioner Gabela: Okay, let's have the process, but let me just put it on the record. Vice Chair Carollo: Miguel. Chair King: Hold on, hold on. Commissioner Gabela: But wait a minute. Wait a minute. I'm talking. Chair King: I'm trying -- Commissioner Gabela: I am a city commissioner like everybody here -- Chair King: -- I'm trying to say -- Commissioner Gabela: -- and people have to respect me -- Chair King: -- I'm trying to let them -- to say -- Commissioner Gabela: -- like I've been respecting other people. Let me -- Chair King: I'm trying to let them -- Commissioner Gabela: I know you are, but please -- Chair King: No, I'm trying to let them say let you finish. Commissioner Gabela: Okay. Are you done? Chair King: Yeah. Commissioner Reyes: Madam Chair. Mr. Wysong: Madam Chair. City of Miami Page 86 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Gabela: Wait a minute, wait a minute. Chair King: Let -- Commissioner Gabela: Let me -- Chair King: Let him finish. Commissioner Gabela: -- let me say it very clearly. But let me say it very clearly so there's no misconceptions, okay? We agreed that we were going to have a process to look for a city attorney, right? We were all part -- all of us were part of it, right? And we said we were going to open it up. We opened the process up, okay? And then somehow, when the process was supposed to close, it got closed and then it got opened again. When it got opened again, my office, my office, sir, was never contacted -- Commissioner Reyes: Okay. Commissioner Gabela: -- and never included me as part of the process. Commissioner Reyes: Okay, Madam -- Commissioner Gabela: Hey, Gabela, what do you think? Commissioner Reyes: Hold a second. Commissioner Gabela: But now, all of a sudden, we're talking about processes. Commissioner Reyes: Okay, let me, let me -- Commissioner Gabela: I'm not saying -- Commissioner Reyes: Hold on a second, please. You said your piece, now it's mine. Commissioner Gabela: Go ahead. Commissioner Reyes: Madam -- come here, Ms. Roberts. Who opened up, who extended it? Ms. Roberts: If I may, can I clear something up? It was never reopened. It was extended. Commissioner Reyes: Extended. Commissioner Gabela: Okay, extended, same thing, same thing. Commissioner Reyes: Hold on a second, sir. I have the floor now. Commissioner Gabela: Yes, sir. Commissioner Reyes: Did you notify everybody that it was extended? Ms. Roberts: Yes, we did because -- Commissioner Reyes: I learned by a email that you sent. Did you send that same email to all the commissioners? City of Miami Page 87 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Ms. Roberts: Every last one. Commissioner Reyes: Okay, thank you. Commissioner Gabela: Ma'am, can I ask a question? Okay, now it's my turn. I've got the floor. Ma 'am, can I ask you a question? Ms. Roberts: Yes, sir. Commissioner Gabela: Who directed you to extend the opening? Ms. Roberts: All of you all. Commissioner Gabela: No, not me. Not me. That's what I'm trying to say. My office, and I'm putting it on the record, my, office -- Commissioner Reyes: It was our decision. Commissioner Gabela: -- Angel Gabela, representing District 1, was never made aware that we were doing that. That's why I asked you, because Manolo says, okay, no problem. I'm just saying that me, this gentleman here, this commissioner here, was never notified. The process wasn't carried through. But now we're talking about processes, okay, I'm going to participate like I've always wanted to. But 1 just want to put on the record, my office was never contacted or consulted whether I was in agreement with this, okay. Chair King: Go ahead, Ms. Roberts. Ms. Roberts: So just for clarification purposes, at the time that we met with the commissioners individually, it was during the beginning of February. At that point in time, it was only one eligible applicant. Commissioner Reyes: That's right. Ms. Roberts: And it was agreed upon that we would keep it open until March the 29th because we only had one eligible applicant, and if I remember correctly, we only had maybe seven or eight applications at that point in time. That's when the extension was agreed upon. Commissioner Gabela: When was I there? Chair King: I think, Commissioner -- Commissioner Gabela: When was I there, Miguel Angel Gabela? When was I there that I agreed to that? Can you tell me when? Ms. Roberts: We -- it was myself, the City Manager, we went to your office. Commissioner Gabela: No, ma'am, no, ma'am, never did I -- I'm sorry, but we have a problem here with memory, you know what I mean? Never was I consulted to extend the opening, and that I'm putting on the record. Never was I consulted, my office was consulted, okay, on the extension of the opening for the city attorney. Never. And I'm putting that now on the record. I say again, I'm not crazy, okay. I know who I talk to and who I don't talk to. And I, this gentleman here, I repeat, was never consulted on whether I agreed that you should extend the opening or not. Which, by the way, had you come to me, I would have probably said, yeah, let's extend it since you only got one person, okay? City of' Miami Page 88 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Chair King: Commissioner Pardo. Commissioner Pardo: I just wanted to address your question of why now. For the last couple of Commission meetings, the City Attorney has been at times insubordinate and at times disrespectful. I don 't believe that's conduct becoming of that position. I think all of us as electeds are called to express or demonstrate civility and temperance. Furthermore, I personally do not have confidence in the information that I receive. And I think that's a big enough issue when we are tackling major, like the settlement of the redistricting verdicts case. I believe we have these major goals right here and now that require us to make that change and also show the residents that change has happened in this position. Commissioner Gabela: Let's call the question. Ms. Mendez: I -- because of these accusations, I need to be heard. Chair King: Go ahead. Ms. Mendez: Okay. When have I been insubordinate? Commissioner Pardo: When you were yelling at -- Ms. Mendez: Please speak, please speak into the record. Commissioner Pardo: Did you ask me? Ms. Mendez: I can't hear you. Commissioner Pardo: Okay. When you were pointing your finger at Commissioner Gabela and telling him not to point his finger at you. Ms. Mendez: He pointed at me first. Commissioner Pardo: I mean -- Commissioner Gabela: I pointed at you because you're the city attorney and then I'm saying you. Chair King: Okay. Commissioner Gabela: But I'm not doing it out of disrespect. Commissioner Pardo: Or when you called -- Ms. Mendez: For pointing and for what else? Commissioner Pardo: -- or when you called one of the residents a little vile man. Ms. Mendez: You mean the January 11 th meeting? Commissioner Pardo: Whenever that happened. Ms. Mendez: When you already -- when you already removed me as of June 11 th? Okay, next. Commissioner Pardo: Those are the two that come to mind right now. City of Miami Page 89 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Ms. Mendez: So, those two reasons. So, it's -- you're bringing it up now. Isn't it because you don't like nay opinions with regard to all these LED (Light Emitting Diode) issues? Isn 't that why you're trying to remove me right now? Commissioner Pardo: No. Ms. Mendez: No? Commissioner Pardo: No. Commissioner Gabela: Vicky, as for me, I'm sorry to butt in, but listen, as for me, I don't have -- the LED thing, I don't have a problem either way. But 1 just think that we need to move on, honestly. And listen -- Commissioner Pardo: That's the main point. Commissioner Gabela: -- I said to you a long time ago when I met you, this is nothing personal. I don't mean ill for your family. I don't like doing this kind of stuff. It's not in my blood, okay. But I think for the city to move on, you know what I mean? And listen, nobody is saying to you, you're not going to get your -- you know, nobody is trying to get you out of your retirement or stuff like that. You know what I mean? You know, and 1 was concerned about that, by the way, because this came to me all of a sudden. I was asking the question, why now? You know what I mean? But 1 think at the end of the day, we need to conclude this. We need to -- you know, we need to get this cloud, you know, out of the city of Miami's head, okay, for the bond rating, for this, for et cetera, et cetera. We could have a problem. And I think, you know, now that Commissioner Pardo is doing this, I think we need to move on, you know. And I think we just need to put a close to this and move on. And I think now, you know, that we're all discussing this, why prolong what we already know is going to happen is my question. And also, you, that constantly you're in the hot seat, you know, taking, you know, these things, you know. Ms. Mendez: Right. So I'm in the hot seat because, unfortunately, unfortunately, though you say that these matters aren't personal, you're upset at me for doing my job. Commissioner Gabela: No, I was upset at you -- Ms. Mendez: Right, you're upset at me -- Commissioner Gabela: -- because you interfered in an election. Ms. Mendez: You 're upset at me for doing my job -- Commissioner Gabela: You interfered in an elec -- Ms. Mendez: -- pursuant to the Charter -- Commissioner Gabela: In my opinion, you interfered -- Ms. Mendez: -- which was to make sure -- Commissioner Gabela: You were hiding -- you hid -- Ms. Mendez: -- that hollowed the Charter. City of' Miami Page 90 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Gabela: -- you hid behind the Charter. Ms. Mendez: That is why -- so it is personal. Commissioner Gabela: We're in the United States of America. We 're in the United States of America. And you guys know full well, when I came here, if you didn't know, now you know it on June 14th, at my house, I'm a candidate, and this is all documented. And then you know what you did? You filed a lawsuit with the City's money, with the taxpayer money -- Ms. Mendez: Pursuant to the Charter. Commissioner Gabela: -- against me. And then you -- and then 1 won that lawsuit. 1 won that lawsuit, and then you doubled down again for a second time. And then you doubled down for a third -- Ms. Mendez: Pursuant to the Charter. Commissioner Gabela: Pursuant -- and then you know what you did? Now you got us into a position of interpretation of what the Charter is actually. Do you have to live the year prior, or can you live any year prior to that? You've got us into that position. Ms. Mendez: Pursuant to the Charter. Commissioner Gabela: Yes. Ms. Mendez: But I was only doing my job. Whether you were a candidate or not, I was doing my job. And that's why -- Commissioner Gabela: You know -- Ms. Mendez: -- that's why you're upset at me. Commissioner Gabela: No, I'm not upset at you because of that. Ms. Mendez: So, I just wanted to put that on the record. Commissioner Gabela: No, I think you've been doing a bad job and advising ill because every time we ask you a question, I don't trust you. Okay, because here's an example. Let me give you the perfect example. The Carollo lawsuit, with all due respect to Carollo, those of you that are implied should never have participated in any of the shade meetings because you were a benefit. When you come to me now and you say to me, you know what, we have a settlement offer, we should settle on this matter, how do I know that you're not doing it for your benefit because you 're named in the lawsuit, or how do I -- or maybe you're telling me because it's the right thing to do? But if you're in his shoes and you're in my shoes -- by the way, you came to my office. Ms. Mendez: What -- Commissioner Gabela: Wait, let me finish. Ms. Mendez: -- settlement have I told you to settle? Commissioner Gabela: No, in the future. Ms. Mendez: You're -- you're very -- City of Miami Page 91 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Gabela: In the future. Ms. Mendez: -- you're treading -- Commissioner Gabela: Vicky, listen to what I'm saying. Ms. Mendez: Okay, because I have not told you -- Commissioner Gabela: Listen to what I'm saying. Ms. Mendez: -- to settle any lawsuit that had to do -- Commissioner Gabela: You came to my office one day. You came to my office in the very beginning. You said that now you work for me. And 1 said, if 1 work for you, 1 'in just curious, how come you keep a lawsuit going on against me to try to de -seat me against Diaz de la Portilla? Ms. Mendez: So then you're upset -- Commissioner Gabela: No, I'm not. Ms. Mendez: -- that I did not -- Commissioner Gabela: No, because 1 can't trust you. Ms. Mendez: -- because 1 did not -- Commissioner Gabela: No, because -- because you're -- Ms. Mendez: -- get rid of a lawsuit that -- Commissioner Gabela: -- participating -- Ms. Mendez: -- inured to yourpecuniary lawsuit? Commissioner Gabela: -- you've been participating in the Carollo -- Ms. Mendez: Because I was following the Charter. Commissioner Gabela: You've been participating -- Ms. Mendez: That's why you're upset? Commissioner Gabela: Ma'am, you've been participating in the Carollo shade meetings on the settlement of the Carollo issue with Pinilla and Fuller, okay, and I always said since the beginning you guys have a vested interest, a benefit to get this over and done with and you should not participate because you're conflicted. Ms. Mendez: We have outside counsel. Commissioner Gabela: You're conflicted. Ms. Mendez: We have outside counsel -- Commissioner Gabela: No, but you participated in the meeting. Ms. Mendez: -- who would -- City of Miami Page 92 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Gabela: You participated -- Ms. Mendez: -- be the one -- Commissioner Gabela: If you come to me tomorrow -- Ms. Mendez: -- to advise me. Commissioner Gabela: If you come -- Ms. Mendez: And because you said that, I did not participate -- Commissioner Gabela: If tomorrow -- Ms. Mendez: -- in anything, even though -- Commissioner Gabela: -- if tomorrow -- Ms. Mendez: -- we had outside counsel. Commissioner Gabela: -- if tomorrow you come to me, Vicky, and you say, Mike, I think that we should settle, how do I know that you're not telling me because of your own personal benefit or the City's benefit? And so, therefore, I cannot trust you as the city attorney. Nothing personal. Nothing personal. That's all. I'm done. Let's call the vote. Let's call the question. Vice Chair Carollo: (INAUDIBLE). Commissioner Gabela: No, your name was mentioned because it's -- Vice Chair Carollo: (INAUDIBLE). Commissioner Gabela: -- because you're in the lawsuit. What do you want me to do? Do I mention somebody else? Vice Chair Carollo: (INAUDIBLE). Commissioner Gabela: Okay. Go ahead. Vice Chair Carollo: (INAUDIBLE). Commissioner Gabela: Yes, let's continue that way. Let's continue that way. Vice Chair Carollo: (INAUDIBLE). Commissioner Gabela: Yes, let's keep it that way. Vice Chair Carollo: (INAUDIBLE). Let me be as clear as I can. Thank you. Commissioner Gabela -- Commissioner Gabela: Yes, sir. Vice Chair Carollo: When you say Carollo lawsuit to come to an agreement to settle my lawsuit with an agreement, I don't need any agreements in the lawsuit against me. Because all this stuff is temporary. I could withstand the rockets' barrages. I could withstand the missiles coming. I could take on Hamas until we're ready to go to the City of' Miami Page 93 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 appellate court. And my brief is going to he done either the end of this month, in the first week or so of May. Once that brief is done, it's sent up to the appellate court. They have X amount of days to reply, and then we get to reply again. But once that brief is done, any attorney that's got two cents that will read it is going to know that there's no way, no way that what was done to me is going to stand. It is either going to be thrown out totally, or at best, it's going to be sent back with a new retrial, but with a caveat that this goes for the rest of our cases in the city, because just like there are multiple code violators, there are multiple people who like to sue, and sue, they think they're going to get their way, intimidated by suing. There's a case that's called DiMartino, that's the premier case by the appellate court of this Southern District of Florida. In that case, and there's been more appellate decisions after the case, it's crystal clear. What they had to do in my case that they haven't, what Judge Moreno is making them do. That's why he's thrown out and they're very unhappy on the second lawsuit that they filed in that case. And they're getting one more bite of the apple. And what they still haven't done in the other suit that they have, the so-called Madroom, is that by law, by law they have to allege in their motions that there was no probable cause by this city to have taken those actions. Commissioner Gabela: But yet we're in a lawsuit. Vice Chair Carollo: Well, listen, that's the whole problem, the good with the bad you've got to take of America. Anybody could sue. And if you've got money, like these guys have money from somewhere, you could sue and sue and sue. And of course, then they'll try to use that. Look at all the money that's being spent. But what are we supposed to do? What they want us to do? To not defend any of these lawsuits that we then turn over tens of millions of dollars to them? No. Commissioner Gabela: Then why are we even talking settlement? Why are we having settlement --? Vice Chair Carollo: What I'm saying -- well -- Commissioner Gabela: If we got such a good case, why are we having shade meetings on settlement matters? Because if I've got a good case -- Vice Chair Carollo: But Mr. -- Commissioner Gabela: -- Igo to court. Vice Chair Carollo: Well, look, number one, I'm not going to talk about anything in the shade meeting. I don't think you should either. But I'm only addressing the fact of what you said, that the City was trying to settle for me. Because then all their allies -- Commissioner Gabela: No. Vice Chair Carollo: -- in the media are going out saying that the City is trying to settle for the 63 and a half million that they got from me in that Broward County court. So, I don't need the City to settle for me or anything because we are going to win this hands down. Commissioner Gabela: Okay, good, but it's not about that. What I was referring to, that in the future, Vicky comes to us and gives us an opinion, a trust issue. That's what we were talking about. Now, you know what? Let's call the question. Let's call the question. Chair King: If -- before we call the question, the dialogue that has gone back and forth is outside of the rules of decorum for this commission, and this is the last time City of Miami Page 94 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 that Fin going to allow that. I would ask that the City Clerk give us all training because each one of you have the right to debate, but it has to come through the Chair. And you have to wait until 1 recognize you. Commissioner Gabela: Okay, can I speak for one minute to that issue, Madam Chair? Chair King: Hold on a second. Commissioner Gabela: I've noticed that when -- Chair King: Hold on a second. Commissioner Gabela: Okay. Chair King: Hold on a second. I want all of you to be heard, but not in the manner that you're talking over each other and this one and this one. The proper way to be heard is through the Chair and then you waitfor me to respond. Not you're speaking, then you answer, then you answer•, then the only person here that respects the rules is Commissioner Pardo. He always waits for me to say Commissioner Pardo. So, if the City Clerk could give us all a training on commission decorum and when it is appropriate and not appropriate to speak. I let everyone speak today because I know this is pressure points, but we just can 't conduct business like this, and it just goes on and on and on, and it becomes a whole video reel. So I don't have a motion on the floor. May I have a motion for RE.20? Commissioner Gabela: Motion. Chair King: Do I have a second? Vice Chair Carollo: What is RE.20 actually -- Commissioner Pardo: Second. Vice Chair Carollo: -- says? Chair King: To rescind Resolution R-24-0018. Mr. City Clerk? Mr. Hannon: And -- Vice Chair Carollo: What -- Chair King: Mr. City Clerk. Mr. Hannon: Commissioner Gabela, you accept Commissioner Pardo's amendment that was made at 4: 45 p.m.? Commissioner Gabela: By the way, if it's Commissioner Pardo, I'm sorry, you can make the motion. Mr. -- no, you make the motion, Commissioner Pardo. Chair King: So there's an amendment. Commissioner Gabela: It's your motion, go ahead and make the -- I'm sorry. Commissioner Reyes: There's an amendment. Commissioner Pardo: Yeah. City of Miami Page 95 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Mr. Hannon: So, Commissioner Gabela, we do have you as the mover. 1 just want to make sure that you're accepting Commissioner Pardo's amendment that was made at 4: 45 p.m. Commissioner Gabela: I'm going to second it. Mr. Hannon: Okay. So, now you've removed your motion. So, now Commissioner Pardo has made the motion, the amended motion. Now, Commissioner Gabela, you're seconding that amended motion. Commissioner Reyes: Could you read the --? Through the Chair, could you read the amendment, the amended motion? Mr. Hannon: I'm sorry, I'll need to defer to Commissioner Pardo. 1 don't have that language. Commissioner Reyes: Okay. Commissioner Pardo: To appoint John -- John Greco -- I believe this is the complete one -- appoint John Greco until new a city attorney is appointed, effective upon his return from vacation on Monday, 4/22. A directive to have George Wysong sit as acting city attorney until John Greco returns on 4/22. If there's an extension of time until April 21, the city attorney's duties should be limited solely to the assistance in the transition process to a new city attorney. And then we would also give a directive that the new city attorney shall be appointed, instead of May 3rd, April 25th. And we'll give a directive to Human Resources to make all efforts to select a final candidate by Friday, 4/19, in preparation of the meeting on 4/25. Chair King: And in -- and during that period, Madam City Attorney remains until the date that we agreed upon in January, which is June 11 th. Commissioner Pardo: Um-hmm. Chair King: Is that correct? There's a motion. Commissioner Reyes: Madam Chair. Commissioner Gabela: Second. Commissioner Reyes: May I -- I -- I -- (INAUDIBLE). Chair King: You turned your mic off. Commissioner Reyes: I agree that we should do it as fast as we can, but are we not limiting ourselves until, I mean, by the 25th of this month? Ms. Roberts, you think that will -- that would be possible because the committee has to meet and has to agree. If they don't agree within that meeting that's going to have, then we will be on a vine. I think that we are limiting ourselves, you see? Commissioner Pardo: Well, we set best efforts and we haven't -- Chair King: Commissioner Pardo. Commissioner Pardo: Thank you. We have said best efforts so that if there is a gap, it's covered by the interim. Commissioner Reyes: So, it's a target -- City of Miami Page 96 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Pardo: Yes. Commissioner Reyes: -- date that could be extended if we don 't have the -- the -- I mean, the recommendation of the -- extend it until we get the recommendation from the selection committee. Commissioner Pardo: Yes. Commissioner Reyes: Okay. Commissioner Gabela: That's not a hard date. Commissioner Reyes: Huh? Commissioner Gabela: It's not a hard date. Commissioner Reyes: Okay. Arthur Noriega (City Manager): May I offer -- Vice Chair Carollo: Madam -- Mr. Noriega: -- just another bit of information? Angela, will you do them the favor of walking them through the current schedule with the selection committee -- Commissioner Reyes: That's right. Mr. Noriega: -- just so they're aware of when they're meeting next, whether they've done any interviews at all, what their planned schedule is, so just so they're aware of where we're at. Ms. Roberts: So the current schedule for the selection committee is to meet at the Miami Riverside building, that was their choosing, on the 15th of April at 2:30. Commissioner Reyes: Okay. Ms. Roberts: At that time, we were going to show them the applications of the people that are eligible and discuss the actual interview process. They do have a tentative date of the 19th, but we have not noticed it because I didn't know what was going to go on here today. One of the questions I was going to ask the selection committee on the 15th, is it their intent to keep the date of the 19th based on everybody's availability? At that time, we were also going to -- I was going to discuss with them attempting to have a structured interview process. Commissioner Reyes: Through the Chair, Madam? Chair King: Commissioner Reyes. Commissioner Reyes: Yes, what you mean is that on the, you said the 19th, they're going to, you're going to instruct them about the, I mean, the interviews? Ms. Roberts: On the 15th of April, we're going to talk about -- Commissioner Reyes: You're going to talk about it. Ms. Roberts: -- the appli -- the three eligihle -- City of' Miami Page 97 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Reyes: Okay. Ms. Roberts: -- applicants and then the actual structured interview process. Commissioner Reyes: Okay, fine. Ms. Roberts: And they have a tentative date of the 19th based on their availability. I'm going to -- Commissioner Reyes: For the interview? I'm sorry to interrupt you. Ms. Roberts: Yes, sir, for the inter -- that's what they put. Commissioner Reyes: Okay. Ms. Roberts: They wanted that for the interview process. Commissioner Reyes: And our next meeting is? Ms. Roberts: The 15th at 2:30 at the MRC. Commissioner Reyes: No, no, our next meeting. Do you understand? Ms. Roberts: Oh, I'm sorry. Commissioner Reyes: The 28th? Unidentified Speaker: 25th. Commissioner Pardo: 25th. Commissioner Reyes: The 25th. Okay. We're saying it's a target date that could be extended if needed, okay. Vice Chair Carollo: And Chair? Chair King: Mr. Vice Chair. Vice Chair Carollo: Everyone is satisfied that we have sufficient people to pick from with three. Commissioner Reyes: Hmm? Vice Chair Carollo: Everybody here is satisfied that we have sufficient people to pick from from these three candidates? Commissioner Reyes: Well, that's a question -- I'm going to tell you -- Chair King: Commissioner Reyes. Commissioner Reyes: Through the Chair, through the Chair. Chair King: You are recognized. Commissioner Reyes: Through the Chair. You ask the question, I'm going to give you my answer. It has been open for a long time. It has been advertised, properly City of Miami Page 98 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 advertised. We had 13 people that applied and 10 of them didn't meet the qualification. If maybe Mr. Gabela is right that because of this toxic, I mean, atmosphere that we have here, and 1 want to get rid of it as soon as possible, you see, that other people would not like to apply, and for other positions also we have lack of application because people don't want to come and apply because of the way that sometimes we behave with our employees. So I am quite satisfied because the opportunity was there. The opportunity was there. There are a lot of people that at this time, they're assistant city attorneys in all the municipalities in Dade County that didn 't apply, you see? If that was one of the requirements that people didn 't meet, that is knowledge of municipal law, they didn't apply. And 1 wonder why. Well, we have to create the conditions that people that want to work with the City of Miami has environment, an employment environment that they are not ashamed in front of everybody, they are not yell at, and there is no (UNINTELLIGIBLE) from us on their jobs. And I'm satisfied because there's nothing 1 can do about it. Commissioner Gabela: I just want to say -- Chair King: Commissioner Gabela. Commissioner Gabela: -- Madam -- with your permission, Madam Chair, can I just say something? Chair King: Let me recognize you. Commissioner Gabela. Commissioner Gabela: Thank you for recognizing me, Madam Chair. So I just want to state on the record that my vote will be based basically upon my judgment, my opinion on the City Attorney's performance, Mrs. Mendez, and nothing else. I hold no ill will toward her or her family or anybody here. This is purely what we were elected to do for the people and I just wanted to put that for the record. Let it be noted. Thank you. Vice Chair Carollo: Madam Chair, one last question. Chair King: Commissioner. Vice Chair Carollo: What in this resolution is there that addresses if the City Attorney is going to be kept in any other advisory position? Commissioner Reyes: Yes, it is. Vice Chair Carollo: Well, what is in this resolution? Commissioner Reyes: I'm going to -- Chair King: Let -- wait. Let the staff respond. Commissioner Reyes: That's right. Chair King: Let the staff respond. Vice Chair Carollo: Well, it's us that makes the vote, Commissioner. Chair King: I know, but let the staff answer your question. Commissioner Reyes: Madam -- Mr. Alban: Madam Chair, if I may. City of Miami Page 99 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Vice Chair Carollo: They can't answer. Chair King: Go ahead. Mr. Alban: I would just like to clarify what the motion was, just so we can be clear for staff to also answer. My understand -- Chair King: And you are? Mr. Alban: Excuse me. Division Chief Javier Alban with the City Attorney's Office. So my understanding is the resolution as amended is the City Attorney will be removed but kept on staff until June 11. The -- then George Wysong will be appointed until April 22nd when then John Greco returns and John Greco will then be appointed as city attorney or as interim city attorney as stated in the -- with the same emoluments and compensation package as stated in the resolution until such time as the City Attorney Selection Committee makes a recommendation as requested. And then on April 25th, this board will make a determination of the city attorney, the permanent city attorney -- Commissioner Reyes: Madam Chair? Mr. Alban: -- based on three qualified candidates. Chair King: Vice Chair, did that answer your question? Vice Chair Carollo: Yes. Commissioner Reyes: No, I don 't think it does, Madam Chair. Through the Chair, I -- he asked what -- I mean, what was the current city attorney was going to do. And what I'm proposing that she assist Greco in the transition from one -- of whoever is picked to -- and I know that she will do it, you see. Assist and be part of the transitional process, okay? Chair King: Is that an amendment? Commissioner Reyes: Yes. Chair King: Is that an amendment that -- Commissioner Reyes: That's an amendment. You accept that? Chair King: -- the mover is willing to accept? Commissioner Pardo: Absolutely. Chair King: Okay. Vice Chair Carollo: Til -- Chair, 'til June 11 th. Commissioner Reyes: Til June 11 th. Chair King: Correct. Vice Chair Carollo: And that means if there's a new city attorney chosen before that, she will stay in that -- City of Miami Page 100 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Reyes: Yeah. Vice Chair Carollo: -- position doing the same with the new city attorney -- Commissioner Reyes: That's right. Vice Chair Carollo: -- until the 11 th. Commissioner Reyes: Advising. Chair King: Correct. Vice Chair Carollo: Okay. Chair King: Correct? I have a motion and a second for RE.20 as amended. All in favor? Commissioner Reyes: Aye. Commissioner Pardo: Aye. Chair King: Aye. Vice Chair Carollo: Nay. Mr. Hannon: So, that's 4-1, with Commissioner Carollo voting no. Chair King: Correct. Mr. Hannon: Understood. Ms. Mendez: Madam Chair, may I just briefly state something since I'll be turning over the chair? Chair King: Yes, please. Ms. Mendez: I want to thank God, my family, and the City of Miami, my interdepartmental colleagues, and especially my City Attorney family for the 20 plus years that have been allowed to me to serve this wonderful city where I was born in Allapattah, raised in Flagami, and lived in Flagami for 44 years. My office has accomplished great things and we've produced legacy projects, had incredible litigation wins, and preserved the quality of life for the residents of the City of Miami for many years. From taking on FPL (Florida Power & Light) to making sure water quality is safe for the residents and throughout Florida to saving the City millions of dollars in potential catastrophic litigation because we don't create the facts. Taking the City out of multiple consent decrees, just to name a few things, my office has been a leader in the state and nationally. As the longest serving full-time city attorney, the longest serving female city attorney, the longest serving Hispanic city attorney for the City of Miami, nothing of what the two new commissioners and their serial litigant backers have done to me and my, family today and since March of 2023 with the media and bogus litigation will ever take that away from me. Thank you. Chair King: Thank you, Madam City Attorney. City of' Miami Page 101 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 RE.21 15847 Commissioners and Mayor RE.22 15848 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DIRECTING AND AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS AGAINST RECREATIONAL DESIGN & CONSTRUCTION, INC., A FLORIDA PROFIT CORPORATION REGISTERED TO CONDUCT BUSINESS IN FLORIDA ("RDC"), INCLUDING, BUT NOT LIMITED TO, ISSUANCE OF A NOTICE OF DEFAULT, TERMINATION, LITIGATION, AND ANY OTHER ADMINISTRATIVE ACTIONS UNDER THE CITY OF MIAMI'S PROCUREMENT ORDINANCE AVAILABLE AGAINST CONTRACTORS WHICH ARE IN DEROGATION OF THEIR CONTRACT DOCUMENTS AND APPLICABLE LAWS, AS MAY BE DEEMED NECESSARY, REGARDING THE CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS' INVITATION TO BID CONTRACT NO. 20-21-001 FOR THE PROVISION OF CONSTRUCTION SERVICES ("SERVICES") FOR SHENANDOAH SWIMMING POOL RENOVATION PROJECT NO. B-40563 ("PROJECT") DUE TO RDC'S REPEATED FAILURE TO TIMELY COMPLETE THE SERVICES FOR SAID PROJECT. ENACTMENT NUMBER: R-24-0140 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number RE.21, please see Item Number RE. 6. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO (1) DEVELOP AN "OCCUPANT WITH AUTISM" DECAL PROGRAM FOR THE MIAMI POLICE DEPARTMENT ("MPD"), (2) CREATE A WEBSITE FOR RESIDENTS TO PROVIDE INFORMATION TO THE MPD ABOUT INDIVIDUALS WITH AUTISM IN THEIR HOUSEHOLDS, AND (3) IDENTIFY LEGALLY AVAILABLE FUNDS FROM WITHIN THE FISCAL YEAR 2023-2024 BUDGET FOR THE DECAL PROGRAM. ENACTMENT NUMBER: R-24-0141 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number RE.22, please see "Order of the Day" and Item Number RE.6. City of' Miami Page 102 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 END OF RESOLUTIONS City of' Miami Page 103 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 15556 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of the City CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Attorney AS AMENDED, TITLED "OFFENSE MISCELLANEOUS," TO REPEAL SECTION 37-8, TITLED "PANHANDLING PROHIBITED IN CERTAIN AREAS," IN ITS ENTIRETY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14264 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: We are on SR.1. (COMMENTS MADE OFF THE RECORD) Victoria Mendez (City Attorney): Madam Chair, would you like me to read the title? Chair King: Please. Could you read --? Yes. Ms. Mendez: SR.1. The Ordinance was read by title into the public record by the City Attorney. Chair King: Do I have a motion for SR. 1? Vice Chair Carollo: Hold on. This one in panhandling, Madam City Attorney, can you explain it again? Ms. Mendez: Commissioner, this is the one that we had a settlement in the case of Willie White versus the City of Miami a couple meetings ago, and part of the settlement was to rescind this code section that we had arrested on, though the section was declared unconstitutional. So, this is part of the settlement that we brought to you and was approved a couple meetings ago. Vice Chair Carollo: Yeah, I see it is approved. But refresh my memory. Was this a state court ruling or a federal court ruling? Ms. Mendez: It was a state court ruling in a criminal case that a judge declared this section of our code unconstitutional. Vice Chair Carollo: Okay. Was this ever -- did this ever reach the Third DCA (District Court ofAppeal)? Ms. Mendez: I would have to double check. It was a couple of years ago. City of Miami Page 104 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Vice Chair Carollo: Okay. Well, it's second reading now, so if it's approved. Ms. Mendez: Right. The thing is that these sections have been declared unconstitutional in other places so -- Vice Chair Carollo: Okay. Ms. Mendez: -- right now it would be the prudent thing to do. Vice Chair Carollo: All right. Chair King: Do 1 have a motion? Vice Chair Carollo: Motion. Chair King: I have a second. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: SR.1 passes. SR.2 ORDINANCE Second Reading 15500 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A TEMPORARY 270 DAY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR ANY BUILDING PERMITS OR ZONING ENTITLEMENTS FOR SIGNAGE ON GOVERNMENT OWNED PROPERTY AND OFF-STREET PARKING FACILITIES PURSUANT TO CHAPTER 2/ARTICLE IX/SECTION 2-779 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/CITY-OWNED PROPERTY/OUTDOOR ADVERTISING SIGNS AND ON -SITE SIGNAGE ON GOVERNMENT -OWNED PROPERTY;" PROVIDING FOR EXTENSION OF SAID MORATORIUM BY RESOLUTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14265 MOTION TO: RESULT: MOVER: SECONDER: AYES: Adopt ADOPTED Damian Pardo, Commissioner Miguel Angel Gabela, Commissioner King, Carollo, Gabela, Pardo, Reyes Note for the Record: For additional minutes referencing Item see "Public Comments for allItem(s)." Chair King: Can -- may I have a motion --? Oh, I'm sorry. Mr. you please read in to the record the remaining second reading be SR.2, SR.3, 6, and 7. Number SR.2, please City Attorney, would ordinances? It would City of Miami Page 105 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 George Wysong (Deputy City Attorney): Yes, Madam Chair. SR.2. The Ordinance was read by title into the public record by Deputy City Attorney George Wysong. Mr. Wysong: SR.3. The Ordinance was read by title into the public record by Deputy City Attorney George Wysong. Mr. Wysong: SR.6. The Ordinance was read by title into the public record by Deputy City Attorney George Wysong. Mr. Wysong: SR.7. The Ordinance was read by title into the public record by Deputy City Attorney George Wysong. Mr. Wysong: That's the end of the second reading items. Chair King: May 1 have a motion for SR. 6 and 7? Commissioner Gabela: Motion. Commissioner Pardo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. [Later...] Chair King: SR.2, the moratorium. Commissioner Pardo? Commissioner Pardo: Thank you, Madam Chair. So I'm going to start with SR.3 because I would actually withdraw SR.2 if we pass SR.3, and let me explain it as best as I can. For the folks here from PAMM (Perez Art Museum Miami) and Adrienne Arsht Centers, you have permits in our system that are legal and will just continue. This is not meant to stop your permit. It's not meant to stop your signs. We argue that we have no jurisdiction in that matter. You have legal permits that are vesting in process. So that is not our intent at all. Our intent with SR.3 is to stop any new signs outright from happening. And as far as liability, because I know that was something that came up, as far as liability goes, there is only liability if we stop these processes or we tear down a sign, which we are not going to do, because there is no standing unless we intervene in that manner. So I'm making it very clear we are not intervening. These permits continue to go through. In fact, I'm not even going to change or add any amendment to it. I'm just going to call the motion as is, the way we already voted on it before, and after discussion we can move. Commissioner Reyes: Through the Chair, I want to ask a question. Mr. Wysong -- George Wysong (Deputy City Attorney): Yes. City of' Miami Page 106 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Reyes: -- you are excluding the Arsht Center in this, right? Commissioner Pardo: There's no need to exclude anyone because they're already in process and they are -- Commissioner Reyes: The Arsht Center is in process. Commissioner Pardo: Yes. Commissioner Reyes: But 1 think that we can have -- I mean, don 't we have -- Madam Chair, you were saying? Chair King: Yeah. So are you saying that you're okay with the signage for all of the Arsht, the PAMM (Perez Art Museum Miami), the size, the content, you're okay with all of that? Commissioner Pardo: What I'rn saying is, obviously, I'm not okay with it. District 2, the district I represent, this has been a constant source of frustration for our office. This comes up everywhere, comes up in our forums, in our emails, in our phone calls. So this is a very big issue for my district. And in the spirit of compromise here, I'm not going to fight the permits or even -- nor is staff,any of the ones that are already in process. They're going to continue down their path. We're not -- Commissioner Reyes: Madam Chair, through the Chair, 1 would like to say, I mean, 1 know that, okay, I voted against this from the get -go, but now that we are living it, I would like to make an amendment that the Arsht Center have only, instead of two signs, be only, one with reducing them in size as was proposed in the letter that I received, and I want to know if they are willing to just have one sign (UNINTELLIGIBLE) -- I mean looking east only, okay? Chair King: Commissioner Pardo? Commissioner Reyes: If I -- Commissioner Pardo: Yeah. Chair King: But if I hear Commissioner Pardo correctly, let me make sure I understand this now, you are not trying to take anyone's permit away from them, so what is in play can move forward. Commissioner Pardo: To be perfectly clear, I mean, we've gone through many attorney opinions, municipal attorney opinions. We've gone through a lot of homework since we introduced this. And if we were to, let 's say, provide an amendment specifically to something that we negotiated with Arsht in this case, the County has RTZ (Rapid Transit Zone) zoning, which impacts their sign. The County, is the owner of the property in that case. So I'm just saying that's between them and the County. Commissioner Reyes: Okay. Commissioner Pardo: That's between PAMM and the State. What we're responsible for, we're changing it so that in the future, none of these signs can happen. And that's why I'm -- Commissioner Reyes: Madam Chair, I do understand, and I have here a letter from the County, that from what I understand, the County is saving that it is a responsibility of the City. And I have a letter, both letters that they have. But I do City of' Miami Page 107 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 understand that this, the way that you're doing it, you 're passing the ball to the County. But what I'm saying is that even if they go to the County that goes one sign instead of two signs, and one sign reducing the size, it also -- it has to also be equal to the agreement that was reached with the neighbors on the two Flagler, I mean, Flagler Street signs. That is, that they're going to be on until 11 o 'clock, and that's it, you see? I mean, if you are willing to do that, I mean, you 're going to go to the County anyways, but I am requesting that if you go to the County, you go to the County for one sign. I mean, if they do it, it's because you're already asking for permits. You have permits in the city of Miami, right? Okay? You understand what I'm saying? Commissioner Pardo: Yeah. That'll be between them and the County. We are not putting in any of the signs. Our amendment, we are not proffering it at this time. We're sticking to our original SR.3 item. That's -- Commissioner Reyes: If it is, I believe it much better, because even if the County said yes, we have that commitment. And I know they're going to say they're going to come back and throw the ball at us according to that letter. And what I'm saying is let's control it. Let 's do it in a way that it is controlled now because the County saying no, no, it is the City of Miami 's responsibility, you see? And I said, okay, fine, you want them to go -- you're going to go to the County, and the County is going to throw it back to us. Commissioner Pardo: So, would you rather that we defer this item and 1 get more information? Commissioner Reyes: Okay, please. Commissioner Pardo: And that way -- Commissioner Reyes: Please (UNINTELLIGIBLE). Commissioner Pardo: But then let's go ahead and move with SR.2 so that we're clear. Chair King: So, I have -- I have someone that would like to speak, so I'm going to recognize -- (COMMENTS MADE OFF THE RECORD) Chair King: Sit down. Jose Felix Diaz: Hello, Jose Felix Diaz. Chair King: Wait, wait, Jose, because I'm not opening it up to everyone that -- I'm not opening it -- I'm not opening it back up to everyone. Commissioner Pardo offered to defer the item, which I -- because this is a new twist. Commissioner Reyes: Yes. Chair King: And I think we need time to digest -- Commissioner Reyes: Absolutely. Chair King: -- what he's saying. Commissioner Pardo: I agree. City of Miami Page 108 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Reyes: You see, and Madam Chair, what I'm based on is an April 7, 2023 letter to Jose Pepe Diaz and Jose Felix Diaz, and also it is an answer to a letter that was written to Mr. -- I don't want this to sound bad in Spanish, but it's Nathan Kogon (phonetic), you see, that's the name of the person. And he explicitly, he says that in here, that ultimately outdoor advertising signs shall be governed by Section 2.779 of the City of Miami, and it is Article 6 does not apply to properties located in the city -- urban core of the City of Miami has by illumination and murals including but not limited to blah, blah, blah. I mean, I want to clarify -- Vice Chair Carollo: (INAUDIBLE). Commissioner Reyes: Yeah, and -- Vice Chair Carollo: (INAUDIBLE). Commissioner Reyes: -- K-O-G-O. If it would have been an A, it would have been -- Vice Chair Carollo: (INAUDIBLE). Commissioner Reyes: (INAUDIBLE). Commissioner Pardo: And Madam Chair? Vice Chair Carollo: Where did he put the accent? Commissioner Reyes: Well -- Commissioner Pardo: If he speaks, I'd like Mr. Llorente to speak on the other side, just so we have the full information. Commissioner Reyes: Okay. Chair King: And that's just for clarification. I'm not opening it up for public comment. Commissioner Reyes: Okay. Chair King: I'm just having him answer questions. Commissioner Reyes: Okay, let's hear it and -- Chair King: Okay. Commissioner Reyes: -- we can clam. Chair King: Go ahead. Go ahead. Vice Chair Carollo: (INAUDIBLE). Chair King: The question. No, go ahead. Mr. Diaz: Yeah, I was just going to say, so the thought is to defer SR.3 and move on SR.2. And the clarification I wanted to put in is that the language is still in there in SR.2, on certificate of uses, which would freeze these signs because they need a certificate of use to continue in the process. So. they've applied for permits, but the certificate of use is what allows them to get through fruition. So -- City of' Miami Page 109 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Gabela: But he's going to withdraw. Mr. Diaz: No, he's not withdrawing SR.2. Commissioner Pardo: Well, not -- Commissioner Gabela: Are you deferring or withdrawing? Mr. Diaz: I understand what he wants to do. Commissioner Pardo: Yeah. Mr. Diaz: He wants to defer SR.3, but he wants to move on SR.2 while SR.3 is being considered. But SR.2 is for 270 days, so SR.2 will actually be a moratorium longer than the one month extension for this meeting. So, that's why I'm raising a concern. Commissioner Pardo: Can we have staff comment a moment on that -- Commissioner Reyes: Sure, sure. Commissioner Pardo: -- and its application? Commissioner Reyes: Sure, we have to clarify that. (COMMENTS MADE OFF THE RECORD) Commissioner Pardo: No, on whether that would impact their process on their permits. (COMMENTS MADE OFF THE RECORD) Ace Marrero (Assistant City Manager): So, you don't get a certificate of use on the sign, but you get a certificate of completion, not a certificate of use. So let's make that crystal clear. Commissioner Pardo: It does not impact the moratorium. Commissioner Reyes: It won't impact the moratorium. Chair King: With the moratorium, we're not looking backwards. Commissioner Pardo: No, we're looking forward. Chair King: We're looking forward. Commissioner Pardo: Right. Commissioner Reyes: That's -- it is -- it is not retroactive. I mean, we cannot legislate Chair King: It -- well, it can't be retroactive. Commissioner Reyes: -- retroactive. Commissioner Pardo: Right, right. Mr. Marrero: No, they do not need a CU (Certificate of Use) for the sign. City of' Miami Page 110 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Pardo: And if 1 get two seconds, can Mr. Llorente just address the issue? Vice Chair Carollo: (INAUDIBLE) if we're getting more people to talk, then the residents should have a say-so too. Commissioner Pardo: He's an expert in this area -- Vice Chair Carollo: (INAUDIBLE). Commissioner Pardo: -- and I just wanted for the record, for our benefit, to listen. Vice Chair Carollo: (INAUDIBLE). Commissioner Reyes: Can you make peace with it? Chair King: So, it's -- we're not -- Vice Chair Carollo: (INAUDIBLE). Chair King: No, so we are -- we are just getting clarification. We're not opening it lbr public comments because we're just getting clarification on this. Commissioner Reyes: Just clarification. Unidentified Speaker: You're still impacting the residents. Vice Chair Carollo: (INAUDIBLE). Commissioner Pardo: This is fine. We can -- we can do this another way if you object. This is fine. Commissioner Reyes: Okay. Okay. Chair King: Okay. Commissioner Pardo: So can we vote on SR.2 then? Commissioner Reyes: Yes, if it is -- I mean -- Chair King: So, hold on. Todd B. Hannon (City Clerk): We're currently discussing SR.3, so if there is a motion Commissioner Pardo: Oh, sorry. Mr. Hannon: -- it's my understanding that you're going to defer this item? Commissioner Pardo: Make a motion -- Chair King: So, I want to make -- I want to make -- I want to make sure from the City Attorney that any moratorium is forward. It doesn't look backward. So -- and for example, someone has a permit now. They will be able to complete the process. Commissioner Reyes: The process, yes. City of' Miami Page 111 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Mr. Wysong: That is the intention, and I can understand where the gentleman was concerned because a certificate of use comes at the end of the process. So, the concern was that while they had their application in, they did all their stuff, we'd hold them up at the CU phase. But Ace has clearly identified that these type of projects don't need a CU anyway. They need a certificate of completion. That 's not in the code, so therefore they shouldn't be affected by the language in the moratorium. Chair King: And what about someone that has an application in but hasn 't received -- Commissioner Reyes: That's right. Chair King: -- a permit as yet? They would still be able to go through the process because they have an application? Commissioner Reyes: Yes. Mr. Wysong: That is correct. Chair King: That is correct. Commissioner Reyes: That is correct. Mr. Wysong: We just can't accept new applications. Chair King: So, we can't accept new applications. Vice Chair? Vice Chair Carollo: I want to hear directly from the people -- I want to hear directly from the representatives of the people that have put their money into this because I don't want to see another lawsuit and something of this type because this was not explained clear to us. Jose; can you come back here? I want to make sure -- you're an attorney, you're representing your client. I want to make sure that what is being proposed here, you fully understand it, and you have no problems with it. Mr. Diaz: I think that on the moratorium, the clarification is very, very impactful, and instructive. On the deferral of the revisions to 2-779, you know, they're right there, so I don't want to speak for them, but you know, I was hoping to have some finality just because this has been around for a very long time. I think that that's where the rubber meets the road on 2-779. Vice Chair Carollo: Okay, so in SR.2, you're -- Mr. Diaz: Yeah, I think so. Vice Chair Carollo: -- clear with that? Mr. Diaz: I think that was very good clarity. Vice Chair Carollo: Yeah, I want to get you on the record on that. Mr. Diaz: Yes. Vice Chair Carollo: And the other one -- Mr. Diaz: Yeah. Vice Chair Carollo: -- is it still the will of this commission to defer it? City of Miami Page 112 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Pardo: Yes. Vice Chair Carollo: Okay. Mr. Diaz: And just to repeat -- Commissioner Reyes: Okay. Mr. Diaz: -- because I'm being told to repeat it, on SR.2, there's no certificate of use needed, just a certificate of completion, and this moratorium would not impact the City's process that it's currently going through on both PAMM and Arsht? Mr. Marrero: That is correct. Mr. Diaz: Thank you. Commissioner Reyes: (FOREIGN LANGUAGE). Commissioner Pardo: Thank you. Vice Chair Carollo: Alright. Commissioner Gabela: Call the question. Vice Chair Carollo: Alright. Commissioner Gabela: Let's get this done. Commissioner Pardo: Yeah, let's go ahead and call the question. So I move -- Chair King: I need a motion. Vice Chair Carollo: On SR.2. Commissioner Reyes: Motion. Chair King: I need a motion for -- Commissioner Reyes: Deferment. Mr. Hannon: SR.3. Chair King: -- SR.3 -- Mr. Hannon: Let's address SR.3 first. Commissioner Reyes: I move it. Chair King: -- which is the moratorium. Commissioner Gabela: No, SR.2's the moratorium. Vice Chair Carollo: SR.2 is -- Commissioner Reyes: The moratorium. City of' Miami Page 113 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Gabela: Moratorium. Vice Chair Carollo: -- the moratorium. SR.3 is the deferment. Mr. Hannon: So we've been discussing SR.3, so if this is the item, we should go ahead and just defer. Is there a motion? Commissioner Pardo: So I make a motion -- Commissioner Reyes: I move -- Commissioner Pardo: -- SR.3. Mr. Hannon: To what date? Commissioner Reyes: Second. Commissioner Pardo: To the next commission meeting -- Commissioner Reyes: I second it. Commissioner Pardo: -- on April 25th. Mr. Hannon: April 25th. Vice Chair Carollo: Okay. Commissioner Reyes: Second. Commissioner Gabela: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. [Later...] Vice Chair Carollo: How about SR.2 then? Chair King: SR.2? Commissioner Gabela: No, that was SR.2. We're doing SR.3. Chair King: That was -- that was SR.3. Commissioner Pardo: That was SR.3. That was SR.3? Mr. Hannon: Correct. So, now SR.2 is in play. Commissioner Pardo: So we deferred SR.3 to the next meeting? Vice Chair Carollo: Yeah. Commissioner Pardo: So now it's SR.2. City of' Miami Page 114 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Gabela: Oh, 1 thought we were going to do it. Chair King: So, now SR.2. Commissioner Pardo: No, we're going to -- Commissioner Gabela: Okay. Vice Chair Carollo: Who's in first? Who's in second? Commissioner Reyes: Who's in third? Chair King: So SR.2 is the moratorium -- Commissioner Reyes: Yes. Chair King: -- which is not looking backwards, it's moving forward. Commissioner Reyes: Forward. Chair King: It doesn't -- it doesn't impact any applications that we currently have, permits, everything will move forward that is in the hopper as of today. Ace Marrero (Assistant City Manager): And just to clam, any applications that have been completed through our pre-screen process. Chair King: Completed through your pre-screen process. Mr. Marrero: Correct. Vice Chair Carollo: Okay. Commissioner Reyes: Okay. Commissioner Gabela: But can I just ask a question before -- Chair King: Please. Commissioner Gabela: -- we take this vote? The gentleman is asking for expediency, right? And are we ready to go? Are we all in agreement to do this today? Commissioner Pardo: No, because there were some other opinions out there and some negotiation that -- Commissioner Reyes: That's right. Commissioner Gabela: And you want to make sure -- Commissioner Pardo: -- that -- well, I think we should allow for it because two of the commissioners had -- Commissioner Gabela: (INAUDIBLE). Commissioner Pardo: -- you know, other ideas they wanted to kind of work -- Commissioner Reyes: Let vote on it. City of' Miami Page 115 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Pardo: Yeah. Commissioner Gabela: You ready to go or not? You want to defer? Commissioner Reyes: No, I'm ready to vote. Commissioner Gabela: He's ready to vote. Commissioner Reyes: On SR.2? Chair King: On SR.2. Commissioner Pardo: No. Right, on SR.2. Commissioner Reyes: On SR.2, yeah. Chair King: For the moratorium. Commissioner Pardo: For the moratorium. Commissioner Gabela: I was talking about getting the whole thing done -- Chair King: Are you trying to say go back -- Commissioner Gabela: -- tonight. Chair King: -- to SR.3? Commissioner Gabela: Yeah, the x'hole thing. Commissioner Reyes: No, no, no. Chair King: Okay, because I do have -- Commissioner Gabela: But if you guys don't want to do it -- Chair King: -- I do have -- if we want to go forward with it, I can propose some amendments -- Commissioner Reyes: Okay. Chair King: -- that I think would be palatable. Vice Chair Carollo: Good. Chair King: Butfrom what I understand -- Commissioner Pardo: It's -- it's -- Commissioner Reyes: Okay, then -- Vice Chair Carollo: Let's -- let's hear them. Commissioner Pardo: -- it's more complicated than that. That's why I suggest we defer. Chair King: Okay, which we've just done. City of' Miami Page 116 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Pardo: Yeah. Commissioner Gabela: Okay. Chair King: So now for the moratorium. Vice Chair Carollo: Well, it might not be as complicated. Maybe we could hear your amendments. Commissioner Pardo: But we already deferred it. So let's go ahead and move to SR.2. Commissioner Reyes: We already deferred it. Vice Chair Carollo: Yeah, we can bring it back. Commissioner Reyes: Let him come in with whatever agreement he 's going to come in, whatever information he's going to come in. Commissioner Pardo: Right. Commissioner Reyes: If we want to add an amendment, then we will discuss it and then we vote on it. Commissioner Pardo: Yep. Commissioner Reyes: Through the Chair. Commissioner Pardo: SR.2. Commissioner Gabela: So, motion, second. Commissioner Pardo: I'll make a motion -- Commissioner Gabela: Second. Commissioner Pardo: -- to move SR.2 and second. Commissioner Reyes: For SR.2. Vice Chair Carollo: Chair -- Chair King: Mr. Vice Chair. Vice Chair Carollo: -- before we vote, since there's been a lot of promises made to residents, a lot of stuff that has been said, can you just give one quick minute to the head of the DNA (Downtown Neighbors Alliance), so that on SR.2, in particularly, he could give his point of view? Commissioner Reyes: Okay. Vice Chair Carollo: Chair? Commissioner Pardo: Call the question. Commissioner Reyes: Call the question first. City of Miami Page 117 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Chair King: I'm sorry. I'm sorry. I'm sorry. I didn't hear what you said. Vice Chair Carollo: If we could give one minute to the representative of the residents in that area, the president of DNA. Commissioner Reyes: (UNINTELLIGIBLE). Vice Chair Carollo: No, but SR.2 has been changed a lot from what was said and I think it's becoming of us to give them one more say from all the changes that were made and here. Because the residents were promised one thing, I'm hearing another now and 1 just want to give everybody a chance on the record so that we can't be accused of not letting people speak on this issue that have a say-so. We're talking about one person. Commissioner Reyes: Okay, I don't mind. Commissioner Gabela: Who is that person? Are they going to speak or what? Chair King: Is it the will of the body to allow Mr. Torres to speak? Commissioner Reyes: Yeah. Vice Chair Carollo: It's one minute. Chair King: Come on, Mr. Torres. James Torres: Thank you, appreciate it. Good evening, thank you for having me again. So the issue here is we've had several town hall meetings with one of the sign companies. Chair King: Which one are you talking about? Mr. Torres: New Traditions. Chair King: No, no, no, are you speaking on SR.2? Mr. Torres: SR.3. Chair King: You're speaking on SR.3. Commissioner Reyes: That's right, and we are voting on SR.2. Mr. Torres: But the issue here is that they have a permit that's moving up to 5. They've agreed with the residents that they're only limiting to two. Commissioner Reyes: That it. Mr. Torres: Right? But that's not in there and they were going to enter that in the record. And you guys are moving this along without taking the considerations of the neighborhood because they were slated for five. Again, they've agreed on principle up to two. And that's the clarity that we need to enter here today as far as the conversation. Commissioner Reyes: Through the Chair, you said in principle. Mr. Torres: They have the written statement. City of' Miami Page 118 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Reyes: In principle, it doesn't work. 1 mean, 1 agree because I'm totally opposed to any -- any -- any type of illumination, 1 mean, of those signs on Biscayne Boulevard on the park, particularly on the park. Mr. Torres: Correct. Commissioner Reyes: I'm totally opposed. But since they have two already built, okay? Mr. Torres: They only have one built right now. Commissioner Reyes: One built. Vice Chair Carollo: They've got permits on more. Mr. Torres: They do. Commissioner Reyes: And they have -- if they have the permits and another one, okay fine. Only two, but not in principle. Mr. Torres: Correct. Commissioner Reyes: Not in principle. Mr. Torres: Correct. Commissioner Reyes: It is definite. Two. Yes, sir. Commissioner Pardo: So there is an amendment from D2 (District 2) that speaks to those signs. So it is included and it's going to follow as well as Commissioner King's amendment that was also submitted this morning. Mr. Torres: And then would you allow the representative from New Traditions to read that into this? Because that's the issue that -- Commissioner Pardo: It's there already from this morning. Mr. Torres: But it's not based on what was requested. What was requested was -- and he can't read it because you guys deferred it. What it clearly identifies is that they are not going to build more than two. Commissioner Reyes: (FOREIGN LANGUAGE). Commissioner Pardo: Yeah. Chair King: So is it --? Okay, hold -- Vice Chair Carollo: But it conies back again, they could do that. [Later...) Commissioner Gabela: So, should we call the question? Chair King: On the moratorium. Vice Chair Carollo: Now, before I forget, isn't this one of the reasons, excuse me, through the Chair. City of Miami Page 119 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Pardo: We might he here a while. Vice Chair Carollo: Through the chair, isn't this one of the reasons why you wanted to get rid of the City Attorney and the LEDs (Light Emitting Diodes) and stuff and you were all set with SR.2 and just -- Commissioner Pardo: Madam Chair, can we call the question? Chair King: Do 1 have a motion? I have a motion and a second -- Commissioner Reyes: Yes. Chair King: -- for the moratorium. All in favor? The Commission (Collectively): Ave. Vice Chair Carollo: Yeah. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Commissioner Reyes: Okay. Vice Chair Carollo: Okay. SR.3 ORDINANCE Second Reading 15416 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IX/SECTION 2-779 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/CITY-OWNED PROPERTY/OUTDOOR ADVERTISING SIGNS AND ON -SITE SIGNAGE ON GOVERNMENT -OWNED PROPERTY," TO AMEND ORDINANCE 14140 TO BRING IT MORE INTO CONFORMITY WITH PRIOR ORDINANCE 13536 SO AS TO DISALLOW LED SIGNAGE AND OTHER RECENT CHANGES; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item SR.3 was deferred to the April 25, 2024, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number SR.3, please see "Public Comments for all Item(s) " and Item Number SR.2. City of Miami Page 120 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Chair King: Hold on a second. Is it -- is it the will of this commission to open SR.3 up again? Commissioner Pardo: No. Commissioner Reyes: No. Vice Chair Carollo: Unless we're going to hear from your proposal and they don't want to hear it now, at least he doesn't. Commissioner Reyes: That's not water under -- by the -- through the Chair, that's water under the bridge. I mean, we already voted, you need more time. Chair King: We allowed Mr. Torres -- Commissioner Reyes: We need -- Chair King: -- to speak in this. Commissioner Reyes: That's right. Chair King: It's touching on what he's talking about. Mr. Torres: That's all we're asking. As the DNA (Downtown Neighbors Alliance), we're asking for the clarity, even though Commissioner Damian Pardo is stating that, they were ready to read that into the record to clarify what the DNA and the community has agreed upon. Commissioner Pardo: Todd, can you read the D2 (District 2) amendment into the record? Todd B. Hannon (City Clerk): So, from what I can see from the email that was sent out on April 11 th at 9:00 a.m., the underlined section -- okay, I'm just going to read from what I see here in red and underlined. Bayfront Park, 401 Biscayne Boulevard, Miami, Florida, limited to two outdoor signs at this site. Mr. Torres: With the clarity, right? The hours of operation and all these other components. Commissioner Pardo: That's all separate and that's why we're deferring the item to get more of that information. Commissioner Reyes: That's right. Mr. Torres: Okay, so I just want to be clear because as you said, this has been a very touchy subject for the district, especially in downtown -- Commissioner Pardo: Understood. Mr. Torres: -- where a lot of individuals seem to believe that there's not a living, breathing population there. So I appreciate the time and effort on that. Thank you. Commissioner Pardo: Thank you. Commissioner Reyes: (FOREIGN LANGUAGE). Commissioner Gabela: So, we're calling the question? City of' Miami Page 121 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Vice Chair Carollo: He still loves you. Commissioner Reyes: No, I love you. But you're a friend now. Chair King: Oh, gosh, okay. Commissioner Reyes: Kiss and make up. Chair King: So, for clarity, SR.3, is there an appetite for this body to open this back up again? Commissioner Pardo: No. Vice Chair Carollo: I have no problems with it. Commissioner Gabela: I have no problem, but I'm going to defer it because it's his area that's impacted so I'm going to -- Commissioner Pardo: Thank you. Commissioner Reyes: The proponent doesn't want it. I mean, he wants -- he needs more time and he wants to -- I mean, I'm going to -- Commissioner Gabela: Yeah, 1 wanted to put this to bed today to finish this. Vice Chair Carollo: Yeah, it would have been good. Commissioner Gabela: Up and down, you know, butt mean -- Commissioner Reyes: Okay. Commissioner Pardo: Thank you. Commissioner Gabela: Oh, you're welcome. City of' Miami Page 122 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 SR.4 ORDINANCE Second Reading 15687 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS/REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES, AND OF DEFAULTED MORTGAGE PROPERTIES" PROVIDING FOR AN AMENDED REGISTRY FEE FOR CERTAIN STRUCTURES THAT ARE VACANT, BLIGHTED, UNSECURED OR ABANDONED AND ARE THREE STORIES AND HIGHER; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Damian Pardo, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item SR.4 was continued to the May 5, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number SR.4, please see "Order of the Day." SR.5 ORDINANCE Second Reading 15353 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23 / ARTICLE I SECTION 23-6 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") TITLED "TRANSFER OF DEVELOPMENT RIGHTS AND DENSITY FOR HISTORIC RESOURCES," TO ALLOW HEIGHT INCREASE FOR PROJECTS PROVIDING A PUBLIC BENEFIT BY A PUBLIC AGENCY, TO THE MIAMI MODERN (MIMO)/BISCAYNE BOULEVARD HISTORIC DISTRICT COMMUNITY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE MOTION TO: Defer RESULT: DEFERRED MOVER: Damian Pardo, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item SR.5 was deferred to the June 13, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item. Number SR.5, please see "Public Comments for all ltem(s)"and "Order of the Day." City of Mianai Page 123 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 SR.6 ORDINANCE Second Reading 15406 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PERSONNEL/CIVIL SERVICE RULES AND REGULATIONS," BY AMENDING SECTION 40-108 OF THE CITY CODE, TITLED "PERSONAL LEAVE," ADDING REFERENCE TO INDIGENOUS PEOPLES' DAY; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14266 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 Number SR.6, please see Item Number SR.2. SR.7 ORDINANCE Second Reading 15583 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 50/ARTICLE VII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "SHIPS, VESSELS, AND WATERWAYS/DERELICT VESSELS," TO UPDATE THE NOTICE REQUIREMENTS AND PROCEDURES FOR THE REMOVAL OR RELOCATION OF DERELICT VESSELS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14267 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 Number SR.7, please see "Public Comments for allltem(s)" and Item Number SR.2. END OF SECOND READING ORDINANCES City of Mianai Page 124 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 15659 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 10/ARTICLE I/SECTION 4 OF THE CODE OF THE CITY Building OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS/IN GENERAL," TO CREATE DIVISION 1 TITLED "BUILDING CODE", ADDING THE FLORIDA BUILDING CODE AND CERTAIN AMENDMENTS THERETO AND CREATING DIVISION 2, TITLED "BUILDING ADMINISTRATION, FEES, WAIVERS, CONTRACTOR AND EMERGENCY REQUIREMENTS," AND RENUMBERING CURRENT SECTIONS 10-1 THROUGH 10-9 TO SECTIONS 10-10 THROUGH 10-20; REPLACING ARTICLE IX, TITLED "FENCE REQUIREMENTS FOR MIAMI CITY COMMISSION DISTRICT 5," AS THAT ARTICLE HAS SUNSETTED WITH A NEW ARTICLE IX TITLED, "CONTRACTOR CODE OF ETHICS; EMERGENCY PLANS FOR CERTAIN BUILDINGS; CERTAIN PERMIT REQUIREMENTS, ENVIRONMENTAL VIOLATIONS; SECURING OF SITES IN EMERGENCIES", FOR THOSE SECTIONS THAT HAVE TO BE RENUMBERED DUE TO THE ADDITION OF NEW DIVISION 1 OF THIS CHAPTER; AND REMOVING ARTICLE XIII, TITLED "FENCE REQUIREMENTS FOR MIAMI CITY COMMISSION DISTRICT 4", AS THAT ARTICLE HAS SUNSETTED; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For additional minutes referencing Item Number FR.1, please see "Order of the Day." Chair King: Mr. City Attorney, would you please read in -- read the titles into the record for first reading items? George Wysong (Deputy City Attorney): Yes, Madam Chair. FR.1. The Ordinance was read by title into the public record by Deputy City Attorney George Wysong. Mr. Wysong: FR.2. The Ordinance was read by title into the public record by Deputy City Attorney George Wysong. Mr. Wysong: FR.3, an ordinance of the Miami City Commission amending Chapter -- Todd B. Hannon (City Clerk): Mr. City Attorney? Commissioner Gabela: That was deferred, I think. City of Miami Page 125 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Mr. Hannon: FR.3 was deferred to May 9th. Commissioner Reyes: It was -- Mr. Wysong: Oh, thank you. Commissioner Reyes: Yes, sir. It was deferred. Mr. Wysong: Alright, FR.4. The Ordinance was read by title into the public record by Deputy City Attorney George Wysong. Mr. Wysong: That's the end of the first reading items. Chair King: May I have a motion for FR.1, 2, and 4? Commissioner Reyes: Move it. Commissioner Gabela: Motion -- second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. FR.2 ORDINANCE First Reading 15331 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE IV, DIVISION 2, SECTION 2-207 OF THE Office of Zoning CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT/ZONING CERTIFICATE OF USE REQUIRED; ANNUAL REINSPECTION OF BUILDINGS AND PREMISES; FEES FOR INSPECTIONS AND ISSUANCE OF CERTIFICATES," MORE PARTICULARLY BY AMENDING SECTION 2-207(A) TO PROVIDE FOR A CERTIFICATE OF USE APPLICATION FEE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number FR.2, please see "Order of the Day" and Item Number FR.1. City of Miami Page 126 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 FR.3 ORDINANCE First Reading 15680 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37/SECTION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "OFFENSES — MISCELLANEOUS/MALICIOUS DEFACEMENT, MARKING, ETC., OF REAL PROPERTY," TO PROVIDE FOR AUTHORITY OF CODE COMPLIANCE DEPARTMENT TO MANAGE THE GRAFFITI MITIGATION PROGRAM AND ADD OTHER REQUIREMENTS FOR PARTICIPATION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item FR.3 was deferred to the May 9, 2024, City Commission Meeting. FR.4 ORDINANCE First Reading 15763 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 39/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PEDDLERS AND ITINERANT VENDORS/SIDEWALK AND STREET VENDORS", BY CLARIFYING THE DEFINITIONS FOR RIGHT-OF-WAY AND VENDING; PROVIDING FOR PROHIBITIONS AGAINST VENDING IN THE MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN, EXCEPT AS EXPRESSLY APPROVED IN APPENDIX F OF THE MIAMI 21 CODE, AND FOLLOWING THE ISSUANCE OF ANY REQUIRED PERMITS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number FR.4, please see Item Number FR.1. END OF FIRST READING ORDINANCES City of Mianai Page 127 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 AC.1 15758 Office of the City Attorney AC - ATTORNEY -CLIENT SESSIONS ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE APRIL 11, 2024, MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTERS OF GRACE, INC.; ENGAGE MIAMI, INC.; SOUTH DADE BRANCH OF THE NAACP; MIAMI-DADE BRANCH OF THE NAACP; CLARICE COOPER; JARED JOHNSON; YANELIS VALDES; ALEXANDRA CONTRERAS; AND STEVEN MIRO V. CITY OF MIAMI, CASE NO. 1:22-CV-24066-KMM, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CITY OF MIAMI V. GRACE, INC.; ENGAGE MIAMI, INC.; SOUTH DADE BRANCH OF THE NAACP; MIAMI-DADE BRANCH OF THE NAACP; CLARICE COOPER; JARED JOHNSON; YANELIS VALDES; AND ALEXANDRA CONTRERAS, CASE NO. 23-12472, PENDING IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, AND AMERICAN CIVIL LIBERTIES UNION OF FLORIDA, INC. V. CITY OF MIAMI, CASE NO. 2023-023038-CA-01, CURRENTLY PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIR CHRISTINE KING, VICE-CHAIRMAN JOE CAROLLO, COMMISSIONERS MIGUEL ANGEL GABELA, DAMIAN PARDO, AND MANOLO REYES; THE CITY MANAGER, ARTHUR NORIEGA, V, THE CITY ATTORNEY, VICTORIA MENDEZ; CHIEF DEPUTY CITY ATTORNEY JOHN A. GRECO; DEPUTY CITY ATTORNEYS GEORGE K. WYSONG AND KEVIN R. JONES; OUTSIDE COUNSEL CHRISTOPHER N. JOHNSON AND GEORGE T. LEVESQUE. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THIS SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. RESULT: DISCUSSED Chair King: And at this time, I would ask my, colleagues if they are ready to go to the attorney client -- City of' Miami Page 128 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Reyes: Sure. Commissioner Gabela: Yep. Chair King: At this time, the City of Miami Commission meeting is in recess. Todd B. Hannon (City Clerk): Chair? Victoria Mendez (City Attorney): Madam Chair, we have to read the -- Chair King: Oh, read the -- Ms. Mendez: Wait, one second. Vice Chair Carollo: Madam City Attorney, thank you. Thank you so much on behalf of all the residents of Miami for your service to this city, your caring to this city for so many years. Thank you. Xavier Alban (Assistant City Attorney, Supervisor): Thank you, Madam Chair. On March 14, 2024, under the provisions of Section 286.011(8), Florida Statutes, the City Attorney requested that this City Commission meet in private to discuss pending litigation in the case of GRACE (Grove Rights and Community Equity), Inc., Engage Miami, Inc., South Dade Branch of the NAACP (National Association for the Advancement of Colored People), Miami -Dade Branch of the NAACP, Clarice Cooper, Jared Johnson, Yanelis Valdes, Alexandra Contreras, and Steven Miro versus City of Miami, Case Number 120 -- 1:22-CV-24066-KMM, pending in the United States District Court for the Southern District of Florida, City of Miami versus GRACE, Inc., Engage Miami, South Dade Branch of the NAACP, Miami -Dade Branch of the NAACP, Clarice Cooper, Jared Johnson, Yanelis Valdes, and Alexandra Contreras, Case Number 23-12472, pending in the United States Court of Appeals for the 11th Circuit and American Civil Liberties Union of Florida, Inc. versus City of Miami, Case Number 2023-023038-CA-01, currently pending in the City -- in the Circuit Court of the 11 th Judicial Circuit in and for Miami -Dade County, Florida, to which the City is presently a party. The City Commission approved my request and will now approximately at 5:36 p.m. commence a private attorney -client session under the parameters of Section 286.011(8), Florida Statutes. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. This private meeting will conclude approximately one hour later. The session will be attended by the members of the City Commission, which include Chair Christine King, Vice Chairman Joe Carollo, Commissioner Miguel Angel Gabela, Damian Pardo, and Manolo Reyes, the City Manager, Arthur Noriega, V, acting -- Chief Deputy City Attorney John Greco, Deputy City Attorneys George K. Wysong and Kevin R. Jones, outside counsel Christopher N. Johnson and George T. Levesque and Victoria Mendez. A city -- a certified court reporter will be present to ensure that the session is fully transcribed and the transcript will be made public upon the conclusion of the above cited ongoing litigation. At the conclusion of the attorney -client session, the regular commission meeting will he reopened and the person chairing the commission meeting will announce the termination of the attorney -client session. Chair King: Thank you. The City of Miami Commission meeting for April 11, 2024 is now in recess. [Later...] City of Miami Page 129 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Chair King: Good evening. Welcome to the City of Miami Commission meeting for April 11 th, 2024. The attorney -client session has concluded and we are now resuming the City of Miami Commission meeting. END OF ATTORNEY -CLIENT SESSIONS City of Miami Page 130 Printed on 05/23/2024 City Commission Meeting Minutes April 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: 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 131 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 BC.3 6672 Office of the City Clerk BC.4 15790 Office of the City Clerk RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE 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 A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Alex Cardenas Commission -At -Large ENACTMENT NUMBER: R-24-0144 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: A motion was made by Vice Chair Carollo, seconded by Commissioner Pardo, and was passed unanimously to appoint Alex Cardenas as a member of the Bayfront Park Management Trust, further waiving the term limits City of' Miami Page 132 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 BC.5 15417 Office of the City Clerk contained in Section 2-885(b) of the Code of the City of Miami, as amended, by a unanimous (5/5) vote of the members of the City Commission, as said requirement relates to the appointment of Alex Cardenas as a member of the Bayfront Park Management Trust. Vice Chair Carollo: We are back in SR.2? Chair King: We are back with the -- can we do the boards? Do we have any board appointments? Todd B. Hannon (City Clerk): Yes, ma'am. BC.4, Bayfront Park Management Trust. Commissioner Carollo will be reappointing Alex Cardenas to the at -large seat. Additionally, Mr. Cardenas requires a 5-5 term waiver. Chair King: Do I have a motion? Vice Chair Carollo: Move. Chair King: Second? I have a motion and a second. All in favor? The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commission -At -Large City of' Miami Page 133 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 BC.6 6958 Office of the City Clerk BC.7 15791 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE COMPLIANCE TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 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 CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) (Alternate Member) RESULT: NO ACTION TAKEN NOMINATED BY: Commission -At -Large Commission -At -Large Commission -At -Large City of' Miami Page 134 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 BC.8 15122 Office of the City Clerk BC.9 14041 Office of the City Clerk 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: RESULT: NO ACTION TAKEN Commission -At -Large 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 City of' Miami Page 135 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 BC.10 15420 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Damian Pardo Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King City of Mianii Page 136 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 BC.11 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: 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 Manolo Reyes Commissioner Christine King Commissioner Christine King IAFF FOP AFSCME 1907 AFSCME 871 City of' Miami Page 137 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 BC.12 15097 Office of the City Clerk BC.13 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: 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 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: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of' Miami Page 138 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 BC.14 15794 Office of the City Clerk BC.15 15743 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: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Damian Pardo Commissioner Joe Carollo Commission -At -Large RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING CERTAIN INDIVIDUALS AS MEMBERS OF THE LITTLE HAITI REVITALIZATION TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Lesline Anglade-Dorleans Robert Holland ENACTMENT NUMBER: R-24-0145 MOTION TO: RESULT: MOVER: SECONDER: AYES: Adopt ADOPTED Joe Carollo, Commissioner Manolo Reyes, Commissioner King, Carollo, Gabela, Pardo, Reyes NOMINATED BY: Commissioner Christine King Commissioner Christine King Todd B. Hannon (City Clerk): BC.15, Little Haiti Revitalization Trust. Chair King will be reappointing Lesline Anglade-Dorleans and Robert Holland. Vice Chair Carollo: Move. Commissioner Reyes: Second. Chair King: Second? I have a motion and a second. All in favor? City of Miami Page 139 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 BC.16 15421 Office of the City Clerk The Commission (Collectively): Aye. 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: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large City of' Miami Page 140 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 BC.17 15795 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Christine King City of Mianii Page 141 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 BC.18 9270 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI TECHNOLOGY COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN 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 City of' Miami Page 142 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 BC.19 15422 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King City of' Miami Page 143 Printed on 05/23/2024 City Commission Meeting Minutes April 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: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large City of Mianii Page 144 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 BC.21 15796 Office of the City Clerk BC.22 15797 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 CONFIRMING A CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Cary Johnson ENACTMENT NUMBER: R-24-0146 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes NOMINATED BY: Virginia Key Beach Park Trust Todd B. Hannon (City Clerk): BC.22, Virginia Key Advisory Board. Virginia Key Beach Park Trust is seeking confirmation of Cary Johnson as its designee. City of Miami Page 145 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Vice Chair Carollo: Move. Commissioner Reyes: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Mr. Hannon: That concludes the boards and committees. Thank you, Chair. END OF BOARDS AND COMMITTEES DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 15675 A DISCUSSION ITEM REGARDING MANAGER'S PRESENTATION / City Manager's FURNITURE VENDORS. Office RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item Number DI.1, please see "Public Comments for all Item(s)." Chair King: Okay. For my colleagues, what are we taking up first? We left -- Vice Chair Carollo: The Manager. Commissioner Reyes: The Manager. Chair King: The Manager, okay. So I will give the mic to the Manager to provide his presentation. Arthur Noriega (City Manager): Good -- good afternoon, Madam Chair, Commissioners, Mayor. This presentation and review obviously has been quite a while coming. You know, I sat through the public comment earlier. I listened to the very colorful language, some of the insults, name calling, some of the quite, you know, honestly fabricated numbers. I mean, it's an interesting sort of development that has occurred over the last few months, specifically as it relates to this issue that, you know, this issue of the company my wife works for and its relationship with the City and the scrutiny around it, and a lot of what's been put into social media that has been selective, obviously information that's been left out. So, this opportunity to sort of go through a summary of the history involved in this, really what transpired from the very beginning, is an important thing. And I applaud the Commission for wanting to have this presentation. In the end, I really look forward to it. Whatever reaction from me at the last minute -- the last meeting, and whatever was interpreted from that, in the end what I was really trying to get to was an opportunity to present it and get through it and get past it. I've been in public service for well over 27 years now, through two iterations at the parking authority and as my tenure as city manager. Never, ever taken a penny outside of my salary as it relates to my job. I've never had outside employment, never done consulting work. What I've earned, I've earned the hard way, right? And I've never taken that for granted. No one's ever questioned my ethics before relative to compensation and the job. It's -- the jobs I've had have all required to be full-time jobs. That's what they are, right? So, I've never had any reason to work an outside job, never had the opportunity, never had the time. So, you City of' Miami Page 146 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 know, this narrative that was created and has been created over the last several months, and a lot of what was discussed as part of the public comment, really has not entirely been about truth per se, right? It's about creating that narrative to tarnish me as an individual and as a professional, and in some ways, that translates to tarnishing the City to some extent. So this is my opportunity to sort of set the record straight a little bit, right, and create clarity about what happened, what transpired. And so let 's transition directly into the presentation. Can we queue it up? Okay. So the first thing we're going to do is kind of review the timeline a little bit. So, late February 2020, I was appointed city manager. At this point, Pradere Manufacturing had been a vendor for the City or of the City for over 10 years. So they have a long history as a vendor and as a really qualified and well regarded vendor in the City. In April of that same year, also taking into consideration, we were at the very beginning in early stages of the pandemic. So, at that point I'm literally working out of an emergency operations center. In consultation with both the Law Department and Procurement, we discussed, hey, there needs to be, in some form or way, the need to address, right, the relationship between this vendor and the fact that your wife works for this company, and you needed to do a disclosure. So we went through a number of different drafts of it, the disclosure was -- was drafted, signed, and then distributed to the Commission and the Mayor in June of 2020. That gives you a historical context in terms of when it was distributed. This slide is the actual document that was distributed, right, early June 2020, basically disclosed the relationship and outlined the parameters by which my limited involvement or lack of involvement in any way, in any of the processing or any furniture vending that Pradere did with the City going forward. Next slide. So one of the interesting, 1 think, media reports that's been pretty consistent, also referenced today in the public comment, was this issue of overpriced furniture, right, it's exorbitantly priced furniture. Some of it was taken, obviously, really kind of through misinformation in terms of how certain line items were referenced in whatever public records request they made. But to put things and frame things in, you know, absolute context, right, every bit of furniture the City buys is as a result of a State contract. Every bit of furniture is fixed. It's actually a -- state of Florida negotiates a discounted pricing on all the furniture. You can 't deviate from the furniture price, you can't add to the pricing in any way, shape, or form, and this is all mandated by a State contract and a State procurement process. So you can't deviate from that, right? So this idea that somehow we're, you know, overpaying for certain types of furniture or certain furniture pieces is incorrect, and we have a process that abides by that and aligns to that. So let's look at the actual purchasing analysis. And this I included as part of this presentation because I want to put things into context, too. There was a reference made to a million dollars' worth offurniture that was bought. I don't know where that million dollars comes from. I don't even know what the reference to it comes from. But we're going to get to the meat of the details. And there's a reason why I framed the data in this way, because as I mentioned before in the earlier slide, I'm taking the 10 years prior to my tenure as city manager as a frame of reference, because Pradere had been a vendor during that period of time. And a little further back, but 10 is a nice even number and a nice frame to -- a way to frame it in terms of the purchase numbers. So the overall furniture purchases from 2010 to 2019, which is a 10 year period, is $3.455 million. That includes the vendors that sell furniture. It does not include Amazon and Office Depot because those are retail purchases. And for the most part, most of the Amazon and Office Depot purchases, the lion 's share of what's purchased through them is not furniture. So those invoices are of a high order of magnitude in terms of drawing information for the data set of what's actual furniture. It wasn 't really worth the analysis. So we kept it apples to apples in terms of furniture vendors. During that period of time, Pradere Manufacturing accounted for roughly $767,000 in terms of total purchases during the 10-year period which amounted to about 22.2 percent of the total furniture purchase. The top furniture vendor was Kruger at $1.8 million and they amounted -- they accounted for about 54.7 percent of the purchases during that same period. From January 2020 through December 2023, which accounts for the period that I've been city manager, it's an City of Miami Page 147 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 even four years the total ven -- furniture purchase -- purchases by -- by furniture vendors has been $2.2 million. During that same period, Pradere's portion is $354,000 which amounts to 16.1 percent of the purchases which is a reduction in terms of the percentage of the overall purchase amount. And the top vendor during that period is Compass, which 1 -- a little -- is ahnost $1.5 million and it's 66.5 percent. This is a bar graph that details the same information, taking it a little further in terms of the overall -- the top "bur vendors during that decade that is represented in the first slide, the prior slide. And then this is the top vendors, really the top three in terms of volume. And as you can see, it's Compass, one; Kruger, number two; and Pradere is the third highest selling vendor in the City during those four years. In roughly --1 started this process, and this came, honestly, through feedback 1 received from the Commission, both Commissioner Reyes, Commissioner Pardo. When 1 met with them individually to kind of discuss the presentations, as I did with all of you, they gave me some valuable feedback that, hey, where are there ways to improve the process going forward? Because obviously when I did the disclosure back in 2020, the purpose of that was to be transparent. The issue has since arisen whether or not we should have maybe asked for an ethics opinion at the time, right? As a result, we thought through, hey, what are some of the ways we can improve this going forward in case there is any issue relative to a conflict or a perceived conflict? And this APM (Administrative Policy Manual) addresses that in two ways. It requires that any potential conflict be brought to the Commission as a discussion item and then immediately forward to the Ethics Commission for an opinion. Why that's relevant now in particular is that Ethics will not go back and issue an opinion on something that has already transpired. Also in reference to Ethics, we have been in contact with them because we did from the very beginning when we got that answer of hey, we don't go back and issue opinions retroactively. That doesn't work. But we are reviewing the set of circumstances involved here. I am currently in the process of scheduling an interview with them. So they are reviewing the process, and I welcome that. Okay, so this will obviously be a proactive approach going forward should this issue ever arise. It's an APM, it was issued a few weeks ago, and it's now currently an obligation of any employee at the City. This goes back to, I wanted to kind of highlight this because, you know, part of the issue when we issued the report earlier on the 18th of March, and the extrapolation of the information from that in contrast to the public records requests. There were line items that I think were misinterpreted, more or less, and there wasn't a lot of research and due diligence done on those items in particular, and they made a reference to the $7,500 for a chair, which was incorrect. That $7,500 line item incorporated more than just one chair. I think the chairs individually were like $600 each. There's a detailed explanation there in terms of what the line item entailed, but it was a number of chairs, not just one. And so, yeah, if you take it at face value, $7,500 for a chair is absolutely absurd. But it wasn't the case. The case really was that the chairs really were valued at $600 and change, and there were a number of chairs involved in that. Sort of in conclusion, and there were three things I really wanted to highlight as part of this process, and I think it 's kind of important to do it in the sense that it creates sort of a framework of what the intent was, right? There was never any malfeasance here. There was never any intent to make money for an outside vendor, of which my wife works for. That's not who I am. It's not who I've ever been. I've kept an arm's length relationship from the furniture that has been purchased at the City. I've never advocated on behalf of Pradere to anyone, by the way, and it's represented in the numbers that there wasn 't suddenly this explosion of purchases from Pradere because I became city manager. But one of the things you can't discuss, right, or you can't disprove, right, is this issue of well, somebody gets up there and goes, yeah, but furniture was bought for the City Manager's Office upstairs. Yeah? So you must have had an involvement in it. No, I didn't. But how do I prove that? Right? It's impossible to prove that. Right? There's no tangible way to prove that. I know what I did and didn't do, but ultimately I can't prove that I didn't do it because there's nothing in writing. So the only way to resolve that is really that first paragraph, right, which is to address the issue of hey, I didn't City of Miami Page 148 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 do anything wrong. I did things the way I thought were the guidelines by which 1 had to adhere to. But in the end, is there a way to do it better? Yes, there is, right? And so as city manager, I recognize the opportunity for improved transparency and clear boundaries regarding any business conducted within the Office of the City Manager. As such, I will preclude any future dealings with Pradere Manufacturing by my office for the remaining of my tenure as city manager. Partly because there's no way that somebody could just in general accuse me of, hey, of course you have some involvement. And again, I can't disprove it. The last item that I really wanted to kind of focus on too was this issue of personal gain. My wife's salary direct deposit hits my bank account every two weeks. It's a salary. She doesn't profit share. She's not a principal of the company. There is nothing gained whether she sells 100 pieces of firniture to the City or 1,000 pieces of furniture to the City. There are times 1 wish that were different. And if she was a principal of the company, it would have absolutely been a conflict, by the way. If she was profit sharing, and hey, they sold a million dollars' worth of furniture, she got a -- she got a 15 percent cut. Amen. By the way, that is a direct conflict. Because I would have benefited financially from it, but 1 don 't. I wish it were different. I've been trying to get her to be a principal of the company and pushing for that and hopefully one day that happens for her, but it's not the way it is now. It's not the current situation. So, there has been no personal financial gain with any of the transactions that have occurred with the City. And as a result, look, I don 't believe there's a conflict. I believe that we followed what was expected of me in terms of disclosure and transparency from the very beginning. And in the end, Ethics is going to get a chance to weigh in on it. And as a result, whatever the results of that inquiry are, I'll live with those consequences. But my intentions were always sincere and within the ethical boundaries. I never deviated from that. I never deviated from that my entire professional life. That concludes my presentation. Commissioner Reyes: I have a question. Chair King: I'm going to go in order. Commissioner Reyes: Okay, sure. Chair King: Mr. Vice Chair? Vice Chair Carollo: Thank you, Madam Chairwoman. Let me address the most important of all the issues here for me. And this is the letter addressed to the Honorable Mayor and members of the Miami City Commission, from Arthur Noriega, City Manager. Subject, disclosure of relationship with City vendor and recusal, dated June 8th, 2020. This really is the bottom line. In a full and open transparency, I am disclosing that my wife, Michelle Pradere-Noriega, is the Chief Operating Officer, COC [sic], of Pradere's Office Products, a company that currently conducts business with the City of Miami and has been a vendor for the City since 2008, a whole eight years before Mr. Noriega was named city manager in early 2020. It adds, please be advised that I shall recuse myself from any and all involvement, decision -making, and/or approvals between the City and the company. Please feel free to contact my office if you have any questions regarding this matter. That I know of none of the past members of this Commission had any problems. The remaining members of this Commission, when they received this, that I know of there weren't any problems. The media that had access to this, bloggers and others, no one expressed any problems. Only four years later, when a small group with strong allies in the media are trying to do a coup d'etat on the City government is there a problem with this. But this is clear. The City Manager was transparent. He let the Commission, the Mayor, and the world know by this memorandum, this letter, what the situation was. Furthermore, as an example of the kind of campaign that's been launched, you have the famous $7,500 chair. Frankly, I have to be frank with you, Mr. Manager, I even thought that there was a chair that was bought for $7,500. I figured that maybe somebody had a real City of' Miami Page 149 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 had back or something and that's why it cost so much. I wasn't aware at all, like the local tabloid that wrote this, the so-called Miami Herald, that the $7,500 was not for one chair. It was for 12 chairs. Quite a difference. Quite a difference. And it's been the same people with this onslaught of trying to defame, slash and burn. There was a tremendous campaign by this group of bringing people to Ciiy. Hall today to ask for the firing of the Manager, ask for the firing of the City Attorney. Even one of our colleagues up there, Commissioner Pardo, in his Instagram, he was asking people to come in so they could discuss this. Well, maybe some thought that there would be no room today to get a seat. Maybe that's why they didn't come. Maybe the Police Chief was thinking that he had to bring more officers because there was going to be such a crowd here, such an overflow. And I kept adequate count. There was only a total, a total, a total of only eight people that came to talk against the Manager, the City Attorney, for their heads to be put into a platter in the guillotine to move on to the next one. And frankly, the same ones that either, in some cases, worked for, or being paid by, or associated by the main group that wants to turn this government upside down. And why? Because they got no less than five losses against this City. Things have not been going well with them in the courts with new judges. And they won from you, the taxpayers, tens of millions of dollars. They're asking, I think, between all of them, if I add them up, maybe $150 million or more. They don 't want people that have stood up in protecting the City's financial interest. Now, the letter that I read from, this wasn't given a month ago or two months ago. This was within a very short time after the City Manager was named. He disclosed everything. Granted, he hasn 't been in the political arena. He's a bureaucrat, an administrator. IfI would have been in his shoes, I probably would have done differently, knowing that sometime into the future, when it would be convenient for someone, and time would pass, they would try to pull something like this. But what can't be hidden is the disclosure that he made. And you could try to color this any way you wanted, but he made the disclosures and if there was any problems with the disclosures that he made, then the responsibility would have fallen on us, the Commissioners up here, the Mayor, or the so-called media that we have in town, to then have acted and have such sentiments. Not four years later, after the man disclosed it, and you're trying to have a hanging, for what? He disclosed it. He wasn't hiding anything. If this memo didn 't exist and he never disclosed it, well, you've got a different story. But that's not the case whatsoever. So Madam Chairman, for the meantime, I think I would leave it at that. But you know what? Since I've been short and I've got a couple more minutes, let me put something up that is equally as good for this one and even more so for the next one we're going to be dealing with so all of those who are at home and the few people that are here today can see exactly what I'm talking about and the hypocrisy that we're dealing with. Karen, can we get this up, please? Put the one that came out at 5:33 p.m. on April 9th, first. This is an article that appeared in the local tabloid, called The Miami Herald, on April 24th, two days ago, with the heading, this little Havana bar was a favorite hangout spot for Miami locals. Now it's closing. It took my interest, which bar is closing? I read the story, and it talked about Union Beer, a small little place on 8th Street that rents from the owners of Ball & Chain. And in fact, they claimed during the lawsuit that they were a minority partner of 5 percent. However, that was quickly brushed aside when the beer and wine license for the State of Florida that you have to put down all the owners' nanies did not appear. We suspect the reason they claimed that was because of the additional millions they were asking. Here is what the original one that came out on April 9th, 2024, a couple of days ago, at 3.26, says, from the owner of Union Beer. In a text, this is the Miami tabloid, known as The Miami Herald reporting this. In a text, Rodriguez said that a perfect storm of factors make continuing at Union Beer too difficult. Among them, a rent increase of $3,000 a month. Gee, I thought these guys were all heart. $3,000 rent increase in one month for a little hole in the wall. And then he says, and a booming grease trap upgrade that could cost upward of $90,000. In other words, he texts the tabloid, The Miami Herald, that among the reasons -- the reasons he was leaving, among them a rent increase of $3,000 a month and a booming grease trap upgrade that could cost upward of City of' Miami Page 150 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 $90,000. About two and a half hours later, at 5:53 p.m. the same day, I guess the boys made their phone calls. They didn't like that because it doesn't put them in a good posture. And at the same time, they can't blame the City of Miami or Joe Carollo to ask for millions of more dollars because they closed down because of the City or me. And what does that same paragraph say? In a text, Rodriguez said that a perfect storm of factors make continuing Union Beer too difficult. They took out, among them a rent increase of $3, 000 a month and a booming grease trap upgrade that costs upwards of $90,000. How interesting that something that was not going to put these guys in a good light, they would take it out, when in fact, they were operating in that place, as 1 hear, without a real grease trap, and the whole beer bar that was put down, and 1 don 't know how much more, was all built without permits and much more. In fact, to show you how lenient the City was, it was an unsafe structure. The City should have closed them down. The City didn't. They'd done it on their own. And 1 don't know why they weren't closed down, Mr. Manager. If anything, you know, maybe we should complain about that. What were you doing? How come you weren't on top of that? So this is what our local media is doing. They 're using -- let me use that favorite word of yours, Commissioner Pardo. They're weaponizing, weaponizing, weaponizing their ink, their paper against the City, and then those that are trying to take every penny that they can from our residents, cover up for them so that in the next lawsuit, or in the ones they have, they could claim, look what they did to one of our tenants. They had to close because of what they did to them. So it wasn't too convenient to have those lines and, eh, you know, it's amongst friends, why not? Take it out for them so nobody would read it. And 1 see the court jester for them is here now in the afternoon with a big smile. Thank you, Madam Chair. For now, 1 will reserve any additional time 1 have for a little later. Thank you. Chair King: Thank you. Commissioner Gabela? Commissioner Gabela: Well, I just want to put on the record that Mr. Carollo spoke about 10 minutes, cis is his right, and so I'm going to yield my time now because I don't want to talk now, but in the future I'd like to note that when I start talking, let me talk for the minutes that 1 need to talk, just like other commissioners. I'm going to yield my time. Vice Chair Carollo: I'm sorry. I just -- can you speak? I can't hear you. Commissioner Gabela: No, I said that you spoke for the last 10 minutes, nobody interrupted you. And what I said was -- Vice Chair Carollo: And I appreciate it. Thank you. Commissioner Gabela: No, as is your right. Vice Chair Carollo: Thank you. Commissioner Gabela: And I just ask that in the future, if somebody else does the same thing, we'd be afforded the same right. So I'm going to yield my time because I want to hear more from the body bef 'ore I talk. Thank you. Chair King: Commissioner Gabela? I'm sorry, Commissioner Pardo. And I'm looking right at you, Commissioner Pardo. Commissioner Pardo: That's okay. That's okay. First of all, to the City Manager -- and thank you very much for your presentation. There were things in it that even when we met before, I thought were very good. You've always been very competent and professional in all of your dealings with me and my office. I'm glad that you disclosed to the City Attorney and to the board of Commissioners that conflict. But obviously, City of Miami Page 151 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 these kinds of ways of doing business are not working for our city, and we do need guardrails around issues that might be potential conflict of interest. I'm glad that this conflict in this form was handled now and as well going forward. Even so, 1 think this is a very serious conflict of interest, and I think a reasonable person just on the outside looking at it, would feel that it's serious. The information that I received last night, I was disappointed in that it came last night. I was disappointed in that, at least for me, when I'm looking at the comparable periods, I have nine years and then I have four years. And what I wanted to see was a comparable period of four years for four years so that if there is some kind of influence, which of course I don't know and 1 don't think anyone knows, and I take your words that there aren't. But beyond that, to the residents and to the city, we owe more. And we do owe that disclosure and that transparency. I don't think that transparency was here or the urgency. And I think that's what our city is asking us to do, because at least someone that knocked on a lot of doors and talked to a lot of people, that's our perception right now. And perception is reality. And sometimes when that's the case, we have to go above and beyond to do things that we really shouldn't have to do to some degree and don 't want to do, but we have to do it kind of for the sake of our city and for our own sake. I think the overriding concern is that we have a culture of this is the way that we do business. This is just the way we do business. It's normal for us and that's the city of Miami and this is what we're trying to change. This is what we're trying to change as a body so that people can have trust that when required to do so, we will disclose and we will put that out there and have these kinds of conversations. So that 's just the shortfall part for me that I would like to see still apply. As well, 1 had some very quick questions. You mentioned that you are waiting for an ethics opinion? 1 wasn't sure based on the -- Mr. Noriega: Yeah, so for clarity, we requested an ethics opinion, as I stated before, Ethics will not give an opinion for a situation that is a after the fact. They will do it as a prerequisite, right? So as a result, they have a file, they're reviewing it, right? Commissioner Pardo: Okay. Mr. Noriega: They have requested an interview. We have already, you know, been in communication with them. We are waiting for them to get back to us with some dates. So that is really the next step in the process. Commissioner Pardo: Excellent. I think that's great. The other part I was wondering if you could comment on, because this has come up like in media, and I agree with you, sometimes the facts that are being reported are far from the facts that are happening. And I was wondering how the approvals actually occur. In our meeting, it sounded like these contracts are just automatic, like someone puts in an order for the chair and it just goes. Like there's no -- there isn't you or your assistant or someone signing for these authorisations. Mr. Noriega: I'll let the purchasing Procurement Director -- Commissioner Pardo: Okay, thank you. Thank you, Annie. Mr. Noriega: -- speak to specifically how (UNINTELLIGIBLE) are approved. Annie Perez (Director, Procurement): Good afternoon, Chairwoman. Good afternoon, Commissioners. So, if I may, if you may indulge me just for a few minutes to talk a little bit about the history of this contract. Commissioner Pardo: Please. City of Miami Page 152 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Ms. Perez: So, Section 18-111 of the Procurement Code allows us to access government contracts. The most important thing to know about that is that they must have been solicited competitively, right? So in 2006, the City Commission, through a resolution, approved the State contract. Furthermore, there was language, and that predates me, by the way. So furthermore, there was language that stated that subject to any extensions, replacement contracts by the State of Florida for various City of Miami Department agencies. What does that mean? So the contract that was approved in this resolution had a long lifetime. I think it ended in September 2020, and then this contract came aboard. So, this contract was competitively solicited. I want to make sure that everybody understands that. It was issued as an invitation for bid. It's kind of like a qualifications pool. You submit your pricing, the discount you're going to offer the government agencies, et cetera. Now let's go to the approval process. So, when a department has a need for furniture, they look at the contract, they look at the list of manufacturers, they pick a manufacturer, then they go to the section of the reseller. So they ask the reseller for a quote, this is what I need, a quote is submitted, if the quote is accepted, then the department submits a requisition through our ERP (Enterprise Resource Planning) System, Oracle. That requisition goes through its approval process through the department. Then it comes to Procurement. So a Procurement manager will vet the requisition, will make sure that the company's on Sunbiz, will make sure that they're not debarred, things like that. The Manager will also make sure that if' there's insurance requirements, those are submitted, everything is in order. Then it goes to a contracting officer to convert into a purchase order. The contracting officer will do the exact same due diligence. Finally, it'll come to me. And 1 can tell you, 1 do the exact same due diligence. 1 go through every single document in the PO (Purchasing Order), and then we approve it. So that's the approval process. Commissioner Pardo: So, I mean, I just think the concern here is that if someone is familiar with a company name that is a director, they may make that choice above the others, right? Is that -- that's how I understand it. Ms. Perez: I've never -- I've never -- so to be honest with you, I've been here since -- for 10 years now, it's going to -- almost 10 years, and I knew Pradere Manufacturing had a contract with the City since I think -- I think the first time was 2008. So they've been doing business with the City for a very long time. And you know, the company -- so resellers represent different manufacturers, so it depends on what the department needs, right? So, for example, I needed to do something in my office and the people that had done it before were Compass, so if I needed to take down a panel, things like that. Other people couldn 't provide the same panel, so it was going to look fitnny. So, you know, I picked Compass to do the little -- a few items that needed to be done in my office. So that's how -- and that's how departments do that, so. Commissioner Pardo: Thank you, and Art, I think, if you could comment on that a little bit, because I think that's what I've heard a lot out there, is that if people know that it's Pradere, and somehow that you're tied to that in some way, that they may just be choosing Pradere because, hey, it's a good way to get in good with your boss some way. That's the thinking. Mr. Noriega: I mean, that could be perception. Of course, we're still talking about perception in terms of outside, but in reality, the numbers don't translate to that, right? I mean, it wasn't -- there wasn't some sudden increase in volume as it relates to the number of purchases made through Pradere versus some of the other vendors. I mean, they -- even during the tenure that I've been here, they're the third highest selling vendor in terms of furniture vendors. So, clearly, they didn 't translate in the City. Nobody was, looked at the vendors list and said, I mean, you asked 90 percent of the other departments, they probably wouldn't even know that there's a relationship. So I mean, and that's, that's a reality. I mean, when I became city manager, they had City of Miami Page 153 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 a pre-existing relationship with the City. Nobody had made any connection. And in fact, 1 mean, i f you look at the timing, right, my wife and 1 didn 't get married till 2015, right? So, you know, they had already been a vendor for seven plus years before we even married. And I had absolutely no sense of what work they were doing at the City, what volume of work they were doing in the City. They do work with a number of different municipalities, the State, so they do a lot of government work. That's a big part of their business because they obviously sell through this contract. Commissioner Pardo: Thank you. Chair King: Commissioner Reyes. Commissioner Reyes: Okay. Thank you. Mr. Manager, thank you. As I stated before, perception is very important. And the perception that we have been able to witness all in -- I mean, the press, and radio, and TV, and all of that is that you had influence -- you had influenced the purchasing of furniture in favor of your wife's family factory or whatever, distributors. According to what you have shown here, and I'm going to be very honest, that's what I was looking for you see because if what I was very much interested -- it was that during your tenure as city manager, there has been an increment in the sale of furniture by your wife's company to the City of Miami, percentagewise. And as I can see, I mean, even though it is 10 years or 4 years, but it is a percentage anyways, you see. And the amount between those 'bur years is greater. That means that a lot of purchasing have been done by other -- 1 mean, 1 haven't purchased that much in the office, but that it has been -- had increased. Maybe because of need or whatever; that's another question that we have to ask, why increment that much, that much furniture is being sold to the city of Miami? 1 mean, probably people are changing the furniture when they don 't need it. You see, that's something that concerns me now. Now -- but the word out there is that there was a $7,000 chair, you see. I mean, I wanted to know what kind of chair, you know, but now you explained that it's for twelve chairs. But there is also a famous or infamous table that has been -- I have -- even I have been in radio talk shows and they had asked me about it and I said I don't know. You see, my table, the one that I have in my office, I mean, it didn't cost that much. Not even a -- I mean, I would say not even a seventh, whatever it is. But I want you to explain, and if anybody can explain why that it is a chair, a table that it was seven -- I mean, whatever amount it is, was so expensive. Did that come also from Praderes? And why it was like that? Also, I haven't finished, okay? Also, one thing that I am very honest and very straightforward with you, I told you that the furniture that was purchased for your office, you see, I think that -- I don't know, did you pick the company or that it was picked by somebody else? Mr. Noriega: Do you want me to answer that question? Yeah, I didn't -- I didn't pick the company for any of the furniture that was purchased for the second floor. I never picked the furniture itself There were actually, moments in time, you want to talk about some of the purchases that were made relative to -- I'll use Venture Miami as an example. One of the reasons why the overall volume of furniture increased during this period of time, a lot of it's COVID related, right? Because we had to actually redesign space that people worked in because we were dealing with a pandemic. That was a major issue in terms of -- for us for the last, you know, for at least two, two and a half years. The other issue is capacity. That second floor -- I mean,, and Vicky is -- can attest to this because she complains to me about it constantly. I kicked her out of her office -- Commissioner Reyes: I remember. Mr. Noriega: -- because we ran out of room. City of Miami Page 154 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Reyes: I remember. Mr. Noriega: We literally have outgrown this building as well. So, we're squeezing more people into space than we have space available. So, we had to really, really re - engineer a lot of spaces and be way more efficient in terms of people. We have six, seven people working in what in essence is a 600 square foot space. So, that's the reason why that was done. Staff handled the purchasing process entirely. The only time I was ever consulted with regards to any layout or redesign was that actual piece of it. It was, hey, we got to fit six people into this space. And they may come to me and go, hey, here's the layout for it. I'd be, that's fine. It was really more about content, but not actual furniture purchase. So, you know, I can't speak to the table. 1 honestly wasn't involved in the purchase of the table directly at all. So 1 don't even know --1 couldn't tell you what brand it is -- Commissioner Reyes: Okay. Mr. Noriega: -- how much it cost, anything so -- Commissioner Reyes: Okay. According to what my experience, my experience, every time that when I moved in, we wanted -- we needed -- I have to say this, but we went to Ikea, you see, and we bought furniture. We have to change it because, you know, they don't last that long, some of them. Some of them are still there. But whenever we have to change the furniture, we were given some catalogs of the different vendors. And it was -- 1 mean, we, in my office, we picked the vendors. We didn't know -- 1 didn't know who they were, but it was according to price and according to style. But what I want to know is when you were purchasing the furniture for your office, because I think that it is very important, you were purchasing the furniture for your office, did you, in any shape or form, in any shape or form, influence on who the seller was going to be? Where they were going to --? Do -- you didn't know that they were buying it from your -- from your wife's company? Mr. Noriega: I didn't influence it, but I certainly knew when it happened, right? For obvious reasons, I knew when it happened, but I had no role to play in picking the furniture and picking the furniture vendor. Commissioner Reyes: You see, that's one thing that I consider that at the time, at the time, and I know that it happens, that it just happened, and it was already picked, but at the time, that's something that I believe that you should have done something about it, say no or inform everybody, you see, because it is, it's (UNINTELLIGIBLE), I mean, it looks bad. It looks real bad. Because otherwise, on what has been, you have been shown, unless somebody proves me wrong, your position as City Manager, according to these numbers, I mean, and I didn't, I mean, I wasn't the one that preferred it, there was not an undue influence or there was not an increment in the amount of furniture that your wife's family company sold to the City of Miami. But one thing that I consider that it was on your part, you should have taken action, is on that time that the furniture for your office, you should -- I mean, in order to avoid, you see, we are all in a position that, and it is just like the -- that old saying that the wife of Caesar doesn't have to be honest only, only. He has to look honest, you see. And that's the way we are, you see. We are in that position. We have to really take care of what impression, what are we doing that it is not misunderstood or misconstrued, okay. And that is -- that's my ten cents. I really hope that we don't have to come back to this because all of these problems that we are having now, I mean, it's detrimental to the city of Miami. And I just said it and I told the media, this is a distraction that is unneeded. We have so many things to do in the city of Miami. We have so many streets that have to be paved. We have so many, I mean, affordable housing that we haven't started doing that we need to do and provide people with affordable housing. We have so much things that we can do, and we're wasting time in all of these things City of Miami Page 155 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 that are happening. 1 mean, it is -- it's a distraction that is unneeded and our people deserve better, you see? So we have to correct this one way or the other. But as of now, I -- I mean, unless all these numbers are wrong, what 1 can really -- I feel that you should have done is disclose that you are -- or stop the purchasing of your office furniture. That purchase -- I mean, if I -- if it would have been me, I would have stopped it. I would have said, no, no, no, no, I don't want it there, because I don't want anybody to think that am benefiting my family by purchasing this. I would have done it. That's the only thing have to say. Chair King: Thank you. Commissioner Gabela. Commissioner Gabela: Yeah, Madam Chair. So, Art, thank you for your presentation. We appreciate that you did what you said you were going to do. And, you know, from the beginning 1 always said that your -- our grievances here that we've had pertaining to you today, with me, it's not a question of performance, and it never was, because let me just say for your -- to your defense, for example, the City Manager I know has been proactive in being a City Manager. Whenever we've called, he's answered. Just last Friday when we had the gas leak on 22nd Ave., he called me to notify me there was a gas leak. I said, I'm coming over right there. And when I got there, he was already there. The former chief Joseph, was there. And the incoming chief the new chief, Robert Hevia, was there, and I was there. So I can attest that you do your job and want you to know your perfbrmance was never in question. However, this is what Commissioner Reyes was speaking about. You know, it just looks bad, you know, when you see this kind of thing. You know, and you know, we all have flaws. Nobody's, you know, perfect, you know. 1 must tell you, the way 1 learned about your furniture business is when 1 got into office, and I was sworn in December 2nd, 1 believe one of my employees, Steve Miro, said, hey, I didn't know the City Manager's wife had a business here because they asked me if I wanted to use this company, you know, and that's how I learned of it. By the way, and I'm not bringing that up -- I don't want to be petty. I don't want to, you know, get into the thing, but it's just that I think Man.olo's correct. And maybe your judgment in that sense, you know, was a little bit clouded, maybe, you know, you didn't think it was something on it. To your defense, you did do the memorandum, which you had shown two months ago, and I did say it when I went on the radio and spoke about it when we asked them questions. But, you know, it's like, again, like commissioners, you know, Reyes, Pardo, myself, others, you know, we're in this, you know, light and, you know, sometimes we got to know better, right, than to make the mistake. So I'll just leave it at that. Thank you. Commissioner Reyes: And if I finish, could you please find about that table? I want to know about that table because they're going to -- I'm going to be on the radio and they're going to be asking me about that table. You clarified about the $7,000 chair. It's not only one chair, it's 12 chairs. And I saw the PO (Purchase Order). But I want to know about that table. Commissioner Gabela: Well, he precluded -- yeah, you precluded yourself from doing business in the future, right? Which I think is good. Okay, thank you. I just wanted to make that clear. Commissioner Reyes: As I understand, and I totally agree, the City of Miami should not deal anymore with the company, with Pradere, while you are City Manager, in order to avoid any other type -- any type of -- of -- Commissioner Gabela: Problems. Commissioner Reyes: -- problem of misunderstanding, you see. City of Miami Page 156 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Chair King: Thank you. So my comments are, I renovated my office space after maybe three decades of the same furniture and I found the furniture falling apart. And I'm glad Commissioner Reyes spoke before 1 did. He said that when he was looking for new furniture, staff gave him catalogs, correct? Commissioner Reyes: That's right. Catalogs. And you picked the one you want? Chair King: You picked the one you want, and that is exactly what happened with me. Staff gave me catalogs. I looked through the catalogs and I picked the furniture that 1 liked. I found out that the Manager's wife worked at the company of the catalog that 1 picked. Now there was a narrative going around and 1 didn't feel like I needed to defend the City Manager that because the furniture that 1 picked -- do we have the invoice for that? 1 asked to put it up. This is --1 don't know, I want it to show at the bottom. Well, how do you make it go down? I want to show the authorization.* it. It said resolution number, blah, blah, blah. You see that on there? The CFO (Chief Financial Officer) will do it for you. (COMMENTS MADE OFF THE RECORD) Larry Spring (Chief Financial Officer/Assistant City Manager): It's up there. I see it. That's it. The language is there. It's in the middle of the screen. Chair King: What? Mr. Spring: The language is in the middle of the screen. Chair King: Well, that's what I'm trying to show, the language. The authorization -- Mr. Spring: It says -- Chair King: -- for the purchase. Mr. Spring: I'll read it. It's up on the screen. It says, pursuant to State of Florida Contract 561-2000-19-ACS as authorized by Resolution 12-0265. Chair King: So, I understand that with the public records that was requested, and I get that we don't confuse the truth with the narrative, but the purchase of this furniture was not under the Manager's $50,000 authorization. The purchase was authorized by that resolution from a contract that piggybacked from the State. But nobody cared about that. You just wanted to say that the Manager did not -- he went over his authority, it was more than $50, 000, it was $56, 000 and change. Everybody got that. The Herald got that; everybody got that invoice that showed the authorization for the purchase. Annie, can you come forward again? Ms. Perez: Yes, Chairwoman. Chair King: And you did say that that contract that we used was competitively bid, correct? Ms. Perez: Yes, it was. It was done as an invitation to bid and it was set up like a pre - qualification pool. Chair King: And it did not fall under the Manager's discretion. Ms. Perez: No, we have, through that resolution, authority, the commission, the then - commission, delegated that authority down that we can use that contract. Subject to City of Miami Page 157 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 budget, you know, budgetary -- obviously the money being in the budget. Budgetary approvals. Chair King: So my disappointment, Mr. Manager, is that you didn't come forward sooner to say that you didn 't do anything wrong. This was not a purchase that fell under your discretion. And therefore, it did not have to come before this body because it exceeded $50, 000. It never fell under your discretion, and it was a completely legitimate purchase. I didn't choose the furniture because his wife worked at the company. As a matter oj'fact, when I went to look at the furniture, she wasn't there. Someone else was showing me the furniture. I did not know the family connection. 1 thought she was an employee. But again, the purchase was a legitimate purchase under -- authorized by that resolution that the Commission prior to me getting here approved. There was nothing to see with respect to the Manager and the purchase of the furniture for my office, which was, again, about 30 years old and falling apart. 1 wish you had said that before I got looped into this narrative. Mr. Noriega: So to be clear, Madam Chair, we did highlight that. It was just never reported. We did respond to that comment in writing and it was just never reported back. So it was left out. Chair King: Vice Chair? Vice Chair Carollo: 1'll try to be brief Bottom line, to make a resume of this, when Mr. Noriega came on board for the ten years before, Pradere's Furniture was the number two supplier of office furniture to the City of Miami with 22 plus percent, to be exact, 22.2. This is before Art Noriega became City Manager. Pradere's was the number two supplier of furniture to the City with a 22.2. After Mr. Noriega came in, in the four years or so he's been here, Praderes now is number three, not number two, and they went down in the percentage that they were getting of office furniture in the City of Miami to 16.1 percent, over 4 percent less, which to round it off is about 19 percent less than they were getting before Noriega came in. Numbers speak for themselves. If there was any -- anything underhanded, they would not have gone from number two to number three and would not have gone down some 19 percent in what they were getting from the city. On the contrary, their percentage would have gone higher than before. Seven thousand five hundred dollar chair, that's what the local tabloid was reporting. That's what, in particular, a morning local radio program was saying. They were putting that out to bloggers, anybody that would take the bait to put that out. What the chairwoman brought up, the fact that this was put out to bid, and it came back to the Commission for commission approval. Just the opposite was being told and spread by our local tabloid, the Miami Herald, the bloggers, one local program in a radio station and others. And the lie was being repeated and repeated. Media protects itself on defamation with the absence of malice. Well, I think it's getting real close here where there is malice, real malice. Chairwoman, I have nothing else to say on this. If we're done with this subject, let's move on, because we have a long day. But the -- Mr. Manager, if anything that I would criticize you for is that you haven 't done sufficiently enough to defend this city with people out there against the onslaught of defamation, of lies like I've never seen before in the small group that wants to destroy the city, that wants to undermine it for their own personal gain. Chair King: Gentlemen, is there anything else? Okay, let's continue with our agenda. City of Miami Page 158 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 DI.2 DISCUSSION ITEM 15349 A DISCUSSION OF THE MIAMI CITY COMMISSION REGARDING City Manager's ANNUAL BOARD REPORTS. Office RESULT: DISCUSSED Chair King: At this time, I would like -- there have been a couple of folks that have been here waiting, and I'd like to take them out of turn, if that 's okay with my colleagues. For a report, we have -- Mr. City Clerk? Todd B. Hannon (City Clerk): DI.2 -- Chair King: DL2 -- Mr. Hannon: -- I'm sorry. Chair King: -- for annual board reports. Come forward. Ariel Trueba: All right. Ready? All right. Good afternoon, Madam Chairwoman, Honorable Commissioners, Mr. City Manager, Mr. Clerk. My name is Ariel Trueba and I have the honor of serving as the Chairman of the LGBTQ+ (Lesbian Gay Bisexual Transgender Queer) Advisory Board. It's truly my privilege to present our annual report. I am a proud native of Miami, proud to serve this community. I want to start off to let you all know that our mission is clear and it's to advise you all on improving the quality of life for all LGBTQ+ residents and visitors while amplifying the voices of underrepresented individuals and communities. With your invaluable support, our goal is to continuously refine policies to better reflect the diversity and inclusivity of our community. Our significant achievement of securing a perfect 100 on the Municipal Equality Index, a first in our city's history, underscores our commitment -- thank you -- underscores our commitment to fulfilling our mission and addressing the levels of needs in our community as evidenced by our inclusive laws, policies, and services. We extend our heartfelt gratitude to Mayor Suarez and the City Manager's Office for their instrumental role in making this milestone a reality. In 2023, our efforts were concentrated on community outreach, particularly in educating stakeholders about our economic impact. The LGBTQ+ community in Miami wields substantial purchasing power amounting to $1.62 billion with LGBTQ travelers contributing to an additional $1.7 billion last year. Collaborating closely with the Greater Miami LGBTQ+ Chamber of Commerce and the Greater Miami Visitors and Convention Bureau, we are committed to supporting LGBTQ-owned businesses and ensuring a welcoming environment for our visitors to our city. Additionally, we supported the Department of Human Services CDC (Centers for Disease Control and Prevention) Accelerate Change Together project, focusing on creating a plan to address LGBTQ public health in the city of Miami, which you all should have received as I hand -delivered them to your offices, respectively. We also organized our annual ,family day and raised a pride flag here at City Hall and the MRC (Miami Riverside Center) during Pride Month, which I invite you all to join us this year again. I expand my deepest appreciation to each of you for your unwavering support. Together, let's hold Miami to be a beacon of equality for all. Thank you so much. Chair King: Thank you. City of Miami Page 159 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 DI.3 DISCUSSION ITEM 14207 A DISCUSSION ITEM TO REVIEW EDUCATIONAL USES ORDINANCE PASSED ON JUNE 22, 2023. City Manager's Office MOTION TO: Defer RESULT: DEFERRED MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item DL3 was deferred to the April 25, 2024, City Commission Meeting. Chair King: And we have a -- may I have a motion to defer DI.5? ToddB. Hannon (City Clerk): DI.3. Chair King.: DI.3. Commissioner Pardo: So moved. Chair King: I have a motion. Commissioner Reyes: Second. Commissioner Gabela: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Mr. Hannon: And that will be to the April 25th meeting. Chair King: April 25th meeting. And that shall conclude the City of Miami Commission meeting for April 11 th, 2024. Commissioner Reyes: Motion to adjourn. Silvio Pupo Casco: Thank you very much, Commissioners. Chair King: Motion to adjourn. Commissioner Reyes: Madam Chair, excellent job. I'm glad you are keeping us on line, okay? Thank you. City of' Miami Page 160 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 DI.4 DISCUSSION ITEM 15650 City Manager's Office & Department of Procurement A DISCUSSION ITEM REGARDING THE CHARTER REVIEW PROCESS. MOTION TO: Defer RESULT: DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: Item DL4 was deferred to the April 25, 2024, City Commission Meeting. Chair King: Now, we have -- are there any items that my colleagues would like to defer to our next meeting? Commissioner Gabela: Yeah, I'm going to defer one. Chair King: Which one? Commissioner Gabela: There was one in here that had. I'm trying to find it. Sorry. I can 't find it. Okay, DI 6, I want to go ahead and defer that. Chair King: Okay, DL6. Are there any other items that my colleagues would like to defer to our next meeting. He's deferring DI 6. Commissioner Gabela: And by the way, now -- sorry, Madam Chair. But the -- are we -- the DI.8 -- Commissioner Pardo: I was about to -- Commissioner Gabela: Didn't we -- Commissioner Pardo: Yeah. Commissioner Gabela: -- shouldn't we --? Commissioner Pardo: Yeah, I was about to say. Commissioner Gabela: Yeah, move that along. Commissioner Pardo: I'd he okay deferring DI (Discussion Item) -- well no, not that, DI.7 and DI.8. Chair King: Okay. Commissioner Reyes? Commissioner Reyes: (INAUDIBLE), isn't that --? Commissioner Gabela: No, I'm moving that one. DI.6, I'm deferring. Commissioner Reyes: That's right. Just (UNINTELLIGIBLE) withdraw. City of Miami Page 161 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Gabela: What's that? Commissioner Reyes: Withdraw it because if defer it, it will come back again. Commissioner Gabela: I'm going to defer it for the time being. Commissioner Reyes: Okay, well, you defer it. Okay. Okay, I'm just saying, I don't have any quarrel with it. I'd sit here and -- Commissioner Gabela: Good. Chair King: So, but are there any items that you would like to defer? Commissioner Reyes: No. No, ma'am, no, ma'am. Chair King: Are you sure? Just checking. What's left in play is DI.3. Commissioner Reyes: Yes. Chair King: We want to stay with that? Commissioner Reyes: Yeah. Chair King: D1.4? Commissioner Reyes: That's fine. Commissioner Pardo: Madam Chair, I think there's a presentation, so I'll stay with that. Chair King: DI.4? Commissioner Pardo: Unless we want to defer because of time. Commissioner Reyes: That's right. Chair King: Because that's what I'm thinking. Commissioner Pardo: Alright. Chair King: Because of the time. Defer DI.4? Okay. Okay, so may I have a motion to defer DI.4, 6, 7, and 8? Commissioner Gabela: DI.4 -- Commissioner Reyes: Yes. Commissioner Gabela: -- 6, 7, and 8? Commissioner Reyes: 7 and 8. Chair King: Mm-hmm. Commissioner Gabela: Isn't there one more missing? DI.4, 6, 7, okay. Commissioner Reyes: Okay. City of' Miami Page 162 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Gabela: Motion -- or second. Chair King: I have a motion and a second. All in favor? The Commission (Collectivelv): Aye. Chair King: Motions carry. Okay. All right then. DI.5 DISCUSSION ITEM 15513 Climate Resilience Committee A DISCUSSION ITEM FOR THE CITY COMMISSION REGARDING RESOLUTION FROM THE CLIMATE RESILIENCE COMMITTEE RECOMMENDING: LEAF BLOWERS RESOLUTION - A RESOLUTION OF THE MIAMI CLIMATE RESILIENCE COMMITTEE RECOMMENDING TO THE MIAMI CITY COMMISSION TO DIRECT THE CITY MANAGER TO TRANSITION TO NON -GAS POWERED LEAF BLOWERS FOR ALL CITY LANDSCAPE MAINTENANCE OPERATIONS, TO REQUEST ALL CURRENT CITY LANDSCAPE MAINTENANCE CONTRACTORS TO VOLUNTARILY COMPLY FOR THE DURATION OF THEIR CONTRACTS, TO REQUIRE NON -GAS POWERED LEAF BLOWERS IN ALL FUTURE BIDS FOR CITY LANDSCAPE MAINTENANCE WORK, TO ISSUE A POLICY WITH A TRANSITION PERIOD TO PROHIBIT THE USE OF GAS POWERED LEAF BLOWERS WITHIN THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item Number DI.5, please see "Public Comments for allItem(s)." Chair King: Mr. City Clerk, can you tell us what other discussion items are in play? Maybe my colleagues would want to defer them. Todd B. Hannon (City Clerk): Yes, ma'am. DL3 and DI.5 are the items remaining that are left in play, and I believe there was a gentleman here for DI.5. Vice Chair Carollo: Can we defer the discussion items for next meeting? Chair King: It's only D -- Vice Chair Carollo: Put them at the front of the meeting. Chair King: DI3 and DI.5. Is it the will of the body to defer these? Vice Chair Carollo: We'll put them as the first items next meeting. Commissioner Pardo: Or I think DI.5 is relatively easy. Chair King: Right, the non -gas -powered leaf blowers. Commissioner Pardo: Yeah. Chair King: We can take that real fast. City of Miami Page 163 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Gabela: Yeah, but on that one, I just want to -- 1 spoke to the Resilience Officer right there a while back, and my concern is that we're going to ban outright --_first it was whether it's us, the city, or the city of Miami as a whole, the ban. And I've been told that we 're not going to do that anymore. This is just to buy some electric blowers. I don't want to put a ban of gas blowers or, you know, weed eaters or whatever in the whole city or be, you know -- Commissioner Reyes: Through the Chair. Vice Chair Carollo: I agree. Chair King: Commissioner Reyes. Commissioner Reyes: Through the Chair. I want you guys to, before we make a decision on this, and take a good look at the State, what the State is doing. I have information that the State, it is prohibiting any one of us from getting -- I mean, banning or making anybody use electric blowers or electric anything. So I would like to have somebody that -- I don't know if, who can do some research -- Vice Chair Carollo: This is why we should defer this for next meeting. Commissioner Reyes: -- but the state -- Chair King: We have someone here that's going to quickly -- Commissioner Reyes: Okay. Silvio Pupo Casco: Thank you, Commissioners, for your attention on this. So this, yes, correct in mentioning the proposal in front of us is about adopting electric leaf blowers to reduce fuel -- George Wysong (Deputy City Attorney): Could you state your name and address? Mr. Pupo Casco: -- fuel consumption, air quality improvement, et cetera. It is right. You cannot force this on anybody. So, we can recommend, the City can recommend that folks adopt it because we could be preempted. So, yes, that's correct. There could also be a study and a transition period, right? It's probably going to be in the long run, the total lifetime value for operators, more economically favorable to them, and in the short run, you know, less noise pollution, better for the environment, less -- savings on gas. You know, 3 percent I think of all emissions are coming just from these gas blowers. So, yes, the idea would be study this, let's look at a transition period and what the -- what that would entail. Commissioner Gabela: No, but listen, I'll tell you something. You know, because -- Mr. Pupo Casco: My name is -- Commissioner Gabela: You know, I use electric -- Chair King: Commissioner Gabela -- Commissioner Gabela: I have three electric blowers. Chair King: -- you jorgot to say "through the Chair." Commissioner Gabela: I have -- I'm sorry. City of' Miami Page 164 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Chair King: You forgot to say -- and your colleague had his hand up. Commissioner Gabela: Madam Chair, can I speak to the gentleman? I mean, I see -- Chair King: Through the Chair. Commissioner Gabela: -- everybody jumping in, and I'm the only guy, here that's called out when I jump in because it happens naturally. I'm not trying to -- Chair King: 1 know -- I know it does. Commissioner Gabela: -- I'm not trying to do anything to you. Chair King: I know it does. Commissioner Gabela: You know, everybody else jumps in, and I don't hear it, but you know, we've got to put an end to this. If he can jump in at the end, and the other one too, then I'm going to jump in. I mean, I'm getting tired of this, you know what 1 mean? With all due respect, ma'am. Chair King: I know it does. Mr. Pupo Casco: Speaking of protocol, I'm sorry I didn't introduce myself for the record. It's Silvio Pupo Casco, Economics Lead for the Climate Resilience Committee. Commissioner Gabela? Commissioner Gabela: Can I now respond? Mr. Pupo Casco: Through the Chair. Commissioner Gabela: So what I wanted to tell you, Pupo, and I know you're enthusiastic about this and all this stuff and I am too, you know, but here's the thing, okay? I've been -- I'm a mechanic by trade and, by the way, I specialize in Jaguars. Mr. Pupo Casco: Yeah. Commissioner Gabela: All my life I've done this, since I was 14 years old, 15 years old. The problem is this. Number one, remember that when you have electric things, your power's got to come from somewhere, either nuclear, coal -- Mr. Pupo Casco: Yeah. Commissioner Gabela: -- wind or solar. Mr. Pupo Casco: That's right. Commissioner Gabela: So it's not like its, you know, it's free. Mr. Pupo Casco: Right. Commissioner Gabela: It's not -- you know, to build that battery or whatever, it costs also -- Mr. Pupo Casco: Right. City of Miami Page 165 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Gabela: -- energy to do whatever you're going to do. My point is, I don't want to see a ban permanently, you know, in the near future of gas blowers or weed eaters. You know, it's okay, you know, when we're there, you know, all of a sudden, okay, you know what, they're obsolete, no problem. But I don't think we're there yet. And so what I don't want to see happen -- I was speaking to the director recently, and she said, no, what we 're going to do is we're going to do a test pilot. That's fine, you know, let's do a test pilot, let 's see how it goes. You know, but I'll tell you what, you know, I don't want to see this thing where we 're imposing our will on people, okay, because the left wants to do it. Let me just say it how it is. And I'm not -- 1 try not to be here political, political one way or the other, you know. But you know, the same way that, you know, the other side shouldn't impose on anybody, you know, and so 1 like your idea, you know, but I Jroone, if it's a ban and you guys -- the intention is to get rid of this in the future completely, I'm not for that and I'll state it on the record. But thank you for your -- Mr. Pupo Casco: Yeah, no, Commissioner -- Commissioner Gabela: -- thank you for your enthusiasm. Mr. Pupo Casco: No, it's an important point. Thank you for making it. And I believe the chairman, Aaron DeMayo, which had an emergency today, couldn 't make it, but he did anticipate that, right? And I think his comment to you was, we can 't force businesses, right, to do this. And we should not. But, you know, because they have a voice and those businesses have a voice. Now, the community that 's being affected with air pollution and noise pollution and the health implications of this also have made their voice heard during the committee meetings. And so this has, after much deliberation and many public comments, kind of come up. But yeah, we won 't force it. It'll be a recommendation. Commissioner Gabela: Thank you. Mr. Pupo Casco: Any other comments, questions? Chair King: Commissioner Pardo? Commissioner Pardo: No, I just had a question for the City Manager. We have a policy on electric gas blowers, et cetera, correct? That we're -- Commissioner Reyes: No. Commissioner Pardo: -- moving toward? We have a policy toward migrating toward electric gas -- non -gas blowers? Internally. Arthur Noriega (City Manager): (INAUDIBLE). Commissioner Reyes: Through the Chair. Todd B. Hannon (City Clerk): We can't -- for the record, we can't hear anything that's being said over there. Chair King: He couldn't hear you, Mr. City Manager. Commissioner Reyes: Through the Chair, I -- Chair King: Hold on a second. Commissioner Reyes: I believe -- City of' Miami Page 166 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Chair King: Mr. City -- hold on a second. Commissioner Reyes: Okay, okay. Chair King: That's what Commissioner Gabela is saying. Commissioner Reyes: Okay. Chair King: There you go. Mr. Noriega: We are working on costing that as we speak. Commissioner Pardo: So it will come back to us? Mr. Noriega: With a report, yeah. Commissioner Pardo: Thank you. Commissioner Reyes: Through the Chair, Madam, Madam? Chair King: Commissioner Reyes. Commissioner Reyes: Thank you, Madam. It's one thing that the City adopt its policy. We are a city, we can adopt it. There is another thing that we ban them in the city. 1 personally, 1 hate every Saturday morning that I'm sleeping and at 7 o'clock 1 hear that. I wish that we could ban it, but we have to comply with the State and I don't want us to be taking steps that later on then we are going to be, you see -- Mr. Pupo Casco: That's right, yeah. Commissioner Reyes: But recommend them, yes, I agree with that. Mr. Pupo Casco: Right. Commissioner Reyes: Okay? Mr. Pupo Casco: Yeah, we can incentivize it, we can encourage it. Commissioner Reyes: Yeah, (UNINTELLIGIBLE). Mr. Pupo Casco: We can't require it because we could be preempted. Commissioner Reyes: That's right. Chair King: Okay, is there a motion here anywhere? Commissioner Gabela: Motion. Commissioner Reyes: No. Chair King: No motion. It's just a discussion item. Okay. Commissioner Reyes: Just discussion. City of' Miami Page 167 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 DI.6 DISCUSSION ITEM 15582 Commissioners and Mayor A DISCUSSION ITEM REGARDING PAYMENTS OF LEGAL FEES FOR DIAZ DE LA PORTILLA. MOTION TO: Defer RESULT: DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: Item DI.6 was deferred to the April 25, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number DL6, please see Item Number Did. DI.7 DISCUSSION ITEM 15684 Commissioners and Mayor A DISCUSSION ITEM REGARDING CAMPAIGN FINANCE REFORM INITIATIVES. MOTION TO: Defer RESULT: DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: Item DI.7 was deferred to the April 25, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number DI.7, please see Item Number DL 4. DI.8 DISCUSSION ITEM 15683 Commissioners and Mayor A DISCUSSION ITEM REGARDING AN UPDATE OF THE CITY ATTORNEY SELECTION AND TRANSITION PROCESS. MOTION TO: Defer RESULT: DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: Item DL8 was deferred to the April 25, 2024, City Commission Meeting. City of' Miami Page 168 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Note for the Record: For minutes referencing Item Number DL8, please see Item Number DL 4. DI.9 DISCUSSION ITEM 15831 Commissioners and Mayor A DISCUSSION ITEM UPDATE REGARDING AUDITS DIRECTED PURSUANT TO RESOLUTION NO. R-24-0022. RESULT: DISCUSSED Chair King: We aren 't finished. Vice Chair Carollo: Can we go home now? Chair King: Unless you want to defer some more items. Vice Chair Carollo: Yeah, let's do that. Commissioner Reyes: I had a discussion, I had a DI, a discussion item that it is about the audits, and it is -- it's a -- Vice Chair Carollo: D what? Chair King: D9 [sic]. Commissioner Reyes: D9 [sic]. Commissioner Reyes: Okay, D9 [sic]. It's a discussion item about -- Chair King: Do you want to defer that? Or you want to hear it? Commissioner Reyes: Well, I'm just going to ask a simple question, and I really, I got a little upset about it. That we haven't picked -- we haven't chosen any auditors because you decided that you wanted to wait until the audits -- that's what you told me in my office. And I don't think that's right. If I wanted the audits from the -- from all the boards and the parks, I would have asked them instead of having an independent audit. That's all I want to say. And what I'm saying is that you make us look like a fool, man, because when we go out there and we tell the people, we're going to have an audit, an external audit, in 90 days as we agree unanimously, and then without telling us -- Chair King: If I may, Commissioner Reyes, I believe our CFO (Chief Financial Officer) said to us that because of the time of of year and everything that's going on, it would be very difficult to have audits completed within a 90-day period. Commissioner Reyes: That's right, but they should at least -- I mean, you don't have the same auditor for everything. You're going to have every one of those -- I mean, each one of those boards, or those parks, are going to have an auditor. It's going to be a forensic audit, you see. But what I don't accept is that the excuse that those parks and those boards, they were finishing their audit, doesn't have to do anything with it. They are mutually exclusive, you see. That's what I'm trying to say. And what I'm trying to say is, and what I want to say is, I love you, but please don't do that again, okay? Larry Spring (Chief Financial Officer/Assistant City Manager): We're -- we are getting them done, the solicitation process finished. City of Miami Page 169 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Reyes: Okay. Mr. Spring: I believe you've received some communications on that. We'll keep you updated -- Commissioner Reyes: Okay. Mr. Spring: -- updated in the next coming weeks. Commissioner Reyes: We've known each other and been friends for a long time. And you know that I am very nice and all of that, but man, I mean, 1 can't accept that. Mr. Spring: We'll get it done, sir. Commissioner Reyes: Okay. Thank you, sir. Mr. Spring: You have my assurance. Commissioner Reyes: Thank you. END OF DISCUSSION ITEMS PART B: PZ - PLANNING AND ZONING ITEM(S) City of' Miami Page 170 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 PZ.1 15466 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY THE CITY OF MIAMI'S ZONING DEPARTMENT REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-23-117 REVERSING THE ZONING ADMINISTRATOR'S REVOCATION OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 5830 NORTHWEST 12 AVENUE, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S REVOCATION OF THE CERTIFICATE OF USE NO. 1402000285 FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Damian Pardo, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item PZ.1 was deferred to the July 25, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.1, please see "Order of the Day." END OF PLANNING AND ZONING ITEM(S) City of' Miami Page 171 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 NA.1 15887 Commissioners and Mayor NA - NON -AGENDA ITEM(S) ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE VI/SECTION 10-101 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS/UNSAFE STRUCTURES/UNSAFE STRUCTURES AND UNSAFE STRUCTURES PANEL," SPECIFICALLY BY AMENDING SECTION 10-101(L), TITLED "UNSAFE STRUCTURE PANELS. UNSAFE STRUCTURES PANELS ARE HEREBY CREATED TO CONDUCT HEARINGS AS PROVIDED FOR UNDER THIS SECTION," TO AMEND QUALIFICATIONS FOR MEMBERS OF THE UNSAFE STRUCTURE PANEL; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: We are now on our Resolutions, RE. 1 is a mitigation. Vice Chair Carollo: That's in District 3. If we could have the people that are here for the mitigation and our staff. Victoria Mendez (City Attorney): 1 believe so, but Madam Chair, while we wait to get staff out, Commissioner Reyes has graciously sponsored an ordinance, a pocket item ordinance, if could read the title so that it's first reading today, and it'll come back second reading on April 25th. Commissioner Reyes: Yes. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: As you have heard, the County has not allowed us to use their panel members anymore, and this change would allow for former City of Miami employees that separated from the City two or more years ago, leaving in good standing, to be able to participate as panel members. And the panelists must sign an affidavit attesting to not having a conflict of interest in their service as an unsafe structures panelist and in compliance with state and local ethics codes and shall participate in the required yearly local ethics training. So those are the changes. It will come back second reading. Vice Chair Carollo: Yeah. Madam City Attorney, when did the County take away that board from us? Ms. Mendez: About -- well, it took away sending panelists about two months ago. (COMMENTS MADE OFF THE RECORD) Ms. Mendez: Beginning of April. Vice Chair Carollo: Beginning of April, okay. City of Miami Page 172 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Ms. Mendez: So we've already missed two meetings of -- Vice Chair Carollo: Okay, alright. Ms. Mendez: -- the Unsafe Structures because we don't have enough panelists. Vice Chair Carollo: Okay. How have we picked the panelists? Ms. Mendez: Ms. Dooley? Rachel Dooley (Assistant City Attorney, Supervisor): Good morning, members of the commission. Rachel Dooley, Office of the City Attorney. So the panelists are being procured in the exact same manner that the County does procure them. And in the list you can see, I think you have the copy there, it lists every requirement. Those are the same that come from the County. We 're doing it basically the same way. It's just the City is procuring them -- Vice Chair Carollo: Sure. Ms. Dooley: -- rather than them coming over from the County. Vice Chair Carollo: I see. Ms. Dooley: And many, many of the panelists who have been with us for years from the County actually want to come and just do this with the City. Vice Chair Carollo: Now, before, when the County was procuring the members, outside of approving it, did we have anything to do with it or not? Ms. Dooley: No. Vice Chair Carollo: So it was totally independent? Ms. Dooley: Completely, they -- Vice Chair Carollo: The County picked them, they sent what was called the Unsafe Structure Board or panel was all picked by the County, we just approved that and they handled that for us. Ms. Dooley: Yes, sir. Vice Chair Carollo: Okay. I wanted to be sure that was the case. Commissioner, I think this is excellent, good government. If I can, with your permission, since you're bringing this ordinance up, just add a line or two to make it a little stronger. And that is, and maybe the city attorneys can assist in wording it, if it's acceptable to you, that any member of the panel that would have any conflict, whether real or perceived, where they work, have worked for, have family members that have worked for, or have been associated, or associated in any way with anyone coming before them, that they would recuse themselves for that item. Commissioner Reyes: Can you please clarify that? Vice Chair Carollo: Well, let me be specific. If you or I are both members of the panel, and we have someone that's come before us for an unsafe structure that we have to vote, and one of us is working with them, or have a family member that's working for them -- City of' Miami Page 173 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Reyes: There's a conflict. Vice Chair Carollo: Well, or indirectly, we're associated with that person. Commissioner Reyes: Well, indirectly, I mean, how do you define that? Vice Chair Carollo: Well, indirectly, that we're working with them in a board where a board appoints, but that person is the key person or a member of the board that appoints them for a job, that this is what I'm talking about, whether it's a direct conflict or a perceived conflict, that on that item, they recuse themselves. Commissioner Reyes: Yes, but we have an affidavit requirement, you see, anybody that's going to act as a board member, is going to be in the panel has to sign an affidavit that they don't have any -- Vice Chair Carollo: Well, but you don't know what cases are going to be coming before you -- Commissioner Reyes: Yes, but -- Vice Chair Carollo: -- every time. Commissioner Reyes: -- but I agree with you that if there is a conflict of interest, they must recuse themselves. And -- but the only thing that I am not too sure about, if it is a suspicion, that's what you said -- Vice Chair Carollo: It's a -- Commissioner Reyes: -- if it is a relationship, because if somebody comes in and it is a friend of a friend of a friend, then they have to recuse themselves -- Vice Chair Carollo: That's not what I'm talking about. That's not what I'm talking about. Commissioner Reyes: But I would say this, if there is a conflict of interest at work, that is fine. If it works, I have worked for that, (UNINTELLIGIBLE) -- Vice Chair Carollo: That it worked directly or indirectly. Commissioner Reyes: Directly -- indirectly, then we have to define indirectly. Vice Chair Carollo: Okay, indirectly, for instance, if you're working for a board, that particular individual coming before you has been a member of that board when you were hired, has been a chairman of that board when you were hired, that might be an indirect, if not direct. Commissioner Reyes: Yes, but the thing is, who's going to define that? I mean, there is indirectly. It's like, it is -- I agree with you if there is a conflict, they should -- I mean, they had worked -- directly worked, but when we go into indirectly, it will lead ourself to our own opinion, you see. And what I wanted is that if somebody is going to be precluded from voting, that it must be a reason that it is proof that they shouldn't, you see. They shouldn 't be taking part in that because there is a tie. It is a direct tie. Vice Chair Carollo: Then tell me what would make you feel comfortable with the use of the wording. City of Miami Page 174 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Reyes: The first thing that you said, it had work that had, 1 mean, that worked directly with any of the --1 mean, the person that comes before the panel that they should recuse themselves. Vice Chair Carollo: Okay. Commissioner Reyes: Okay. Vice Chair Carollo: That's fine, we'll go with that. Commissioner Reyes: Okay. [Later...] Commissioner Gabela: And can I say one more thing, Madam Chair? Chair King: Absolutely. Commissioner Gabela: I don't know what you guys think but I think when we come back, I'd like to suggest to the rest of the body that we put to bed the question of the City Manager once and for all. It's the elephant in the room. I don't want what happened last time to happen again. Vice Chair Carollo: We have it in the agenda early enough. Chair King: You want -- Commissioner Gabela: Right. And that's all I'm saying so the same thing doesn't happen next time. Chair King: Okay. Commissioner Reyes: We should -- Chair King: Let me -- Commissioner Reyes: -- we should take it before -- the first thing -- Chair King: Okay. Commissioner Reyes: -- after we come back from the break. Chair King: Okay. So let me ask -- Commissioner Reyes: -- the DI (Discussion Item) -- move DI -- right. Chair King: Let me ask you guys. We have an attorney -client session. Do you want to break fir lunch, go to the attorney -client session, and then come hack to the commission meeting -- Vice Chair Carollo: Yes. Chair King: -- because -- to let everybody know? Vice Chair Carollo: I think that would be best to do it that way so we can be done with everything else we have. City of' Miami Page 175 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 Commissioner Pardo: Personally, I'd rather not because 1 think ER.20 [sic] plays into the attorney -client session. Chair King: Okay. Mr. City Clerk? Todd B. Hannon (City Clerk): And I do apologize. To meet our advertising deadline, I would request that we pass the pocket item from Commissioner Reyes before you break for the lunch recess so that we can notice the title for April 25th. Commissioner Reyes: Okay. Chair King: So if 1 may open public comment for the pocket item. Madam City Attorney, could you please read the title of the pocket item into record again? 1f there's anyone that would like to speak on that pocket item. The Ordinance was read by title into the public record by the City Attorney. Chair King: Is there anyone that would like to speak on that item? Victoria Mendez (City Attorney): Second reading would be April 25th. Chair King: Seeing none, public comment period is closed. Mr. City Clerk, do we have a lot of appointments for boards? Maybe we can -- Mr. Hannon: Could 1 have a motion on that Pl. l ? Commissioner Reyes: Yes, move it. I move it. Chair King: Oh -- I have a motion -- Commissioner Reyes: As amended. Chair King: As amended. I have a motion and a second. May I have a second? Vice Chair Carollo: Second. Second. Commissioner Pardo: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Do we have a lot of board appointments? Maybe I can -- Vice Chair Carollo: Can we leave those like, you know, for later? Chair King: Just trying to get -- okay, so at this time, the City of Miami Commission meeting for April I1 th, 2024 is now in recess. The Southeast Overtown/Park West CRA (Community Redevelopment Agency) meeting will begin as soon as the City Clerk flips the tape. Thank you all. Mr. Hannon: And Chair, the Commission will be corning back from the lunch recess? Chair King: Two hours after the last meeting, between the Southeast Overtown/Park West CRA and the Virginia Key Beach Park Trust meeting. Whatever two hours is after that. City of' Miami Page 176 Printed on 05/23/2024 City Commission Meeting Minutes April 11, 2024 ADJOURNMENT The meeting adjourned at 7: 59 p.m. City of' Miami Page 177 Printed on 05/23/2024