HomeMy WebLinkAboutCC 2020-06-25 MinutesCity of Miami
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Miami, FL 33133
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Meeting Minutes
Thursday, June 25, 2020
9:00 AM
City Commission Meeting
City Hall
City Commission
Francis X. Suarez, Mayor
Keon Hardemon, Chair, District Five
Ken Russell, Vice Chair, District Two
Alex Diaz de la Portilla, Commissioner, District One
Joe Carollo, Commissioner, District Three
Manolo Reyes, Commissioner, District Four
Arthur Noriega, V, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
City Commission
Meeting Minutes June 25, 2020
9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Chair Hardemon, Vice Chair Russell, Commissioner Diaz de la Portala,
Commissioner Carollo and Commissioner Reyes.
On the 25th day of June, 2020, the City Commission of the City of Miami, Florida, conducted
and broadcasted a virtual meeting from its regular meeting place in City Hall, 3500 Pan
American Drive, Miami, Florida, in regular session. The Commission Meeting was called to
order by Chair Hardemon at 9:21 a.m., recessed at 12:05 p.m., reconvened at 3:05 p.m., and
adjourned at 6:11 p.m.
Note for the Record: Commissioner Carollo joined the virtual meeting at 11:58 a.m.
ALSO PRESENT:
Arthur Noriega, V, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
PART A - NON -PLANNING AND ZONING ITEM(S)
ORDER OF THE DAY
Chair Hardemon: Good morning, everyone. Welcome to the June 25, 2020 meeting of the
Miami City Commission. Pursuant to Executive Order Number 20-139, issued by the Office of
Governor Ron DeSantis on June 3, 2020, municipalities may conduct meetings of their
governing boards without having a quorum of its members present physically, or at any specific
location and utilizing communications media technology, such as telephonic or video
conferencing, as provided by Section 120.545(b)(2) Florida Statutes. Procedures for the public
will be explained by the City Attorney shortly. Procedures for the swearing in of parties for the
Planning and Zoning and/or quasi-judicial items will be explained by the City Clerk. The
members of the City Commission appearing remotely for this meeting are Senator Alex Diaz de
la Portilla, Joe Carollo, Manolo Reyes; Ken Russell, the Vice Chair; and me, Keon Hardemon,
the Chair. Also appearing on the dais — well, remotely — is Art Noriega, our City Manager;
Victoria Mendez, our City Attorney; and Todd Hannon, our City Clerk. Madam City Attorney,
please state the procedures to be, followed during this meeting.
Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. Any person who is a lobbyist,
pursuant to Chapter 2, Article 6 of the City Code, must register with the City Clerk and comply
with related City requirements for lobbyists before appearing before the City Commission. A
person may not lobby a City official, board member, or staff member until registering. A copy
of the Code section about lobbyists is available in the City Clerk's office, or online at
municode.com. Any person making a presentation, formal request, or petition to the City
Commission concerning real property must make the disclosures required by the City Code in
writing. A copy of the City Code section is available at the Office of the City Clerk; online at
municode.com. Pursuant to Sub -Section 2-33(f) and (g) of the City Code, the agenda and the
material for each item on the agenda today for this virtual meeting was published and made
available to the Mayor, members of the City Commission, and to the public at least five full
business days in advance of the meeting. The material for each item on the agenda is available
during business hours at the City Clerk's Office, and online 24 hours a day at miamigov.com.
Any person may be heard by the City Commission through the Chair and upon registering
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pursuant to the published notice for not more than two minutes on any proposition before the
City Commission unless modified by the Chair. Since this is a virtual meeting and is authorized
by the Governor of the State of Florida, members of the public wishing to address the body may
do so by visiting miamigov.comlvirtual meeting to upload their video comments or to submit
their written comments via the online comment form. Members of the public may also call 305-
250-5353 to provide comments via the dedicated City of Miami public comment voicemail.
Members of the public may also pre -register to provide live public comment by phone during
the meeting. You may pre -register by phone by calling 305-250-5350, or online at
miamigov.comlgovernment\livepublic-comment. All comments submitted will be included as
part of the public record for this virtual meeting and will be considered by the City Commission
prior to any action taken. The City will accommodate any speakers desiring to appear in
person, subject to all of the emergency measures in place to prevent the further spread of
COVID-19. Speakers who appear in person will be subject to screening for symptoms of
COVID-19. Any persons exhibiting any symptoms of COVID-19 will not be permitted to enter
City Hall. All interested parties are required to abide by all State, County, and local emergency
orders and are urged to remain at home and practice social distancing. If the proposition is
being continued or rescheduled, the opportunity to be heard may be at such later date before the
City Commission takes action on such proposition. When addressing the City Commission, the
member must first state his or her name, his or her address, and what item will be spoken about.
When the City Commission takes action or votes on any proposition before it, it shall do so by
roll call, which shall be recorded by the Clerk and included in the record. Anyone wishing to
appeal any decision made by the City Commission for any matter considered at this meeting
may need a verbatim record of the item. A video of this meeting may, be requested at the Office
of Communications or viewed online at miamigov.com. Please silence all cell phones and other
noise -making devices. Any person with a disability requiring assistance, auxiliary, aids, and
services for this meeting may notes the City Clerk. Please note, Commissioners have generally
been briefed by City staff and the City Attorney on items on the agenda today. PZ (Planning
and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance
as temporarily modified pursuant to Emergency Ordinance Numbers 13902 and 13903.
Pursuant to Emergency Ordinance Number 13903, parties for any PZ items, including any
applicant, appellant, appellee, City staff or any person recognized by the decision -making body
as a qualified intervenor, as well as the applicant's representatives, any expert testifying on
behalf of the applicant, appellant or appellee, may either be physically present at City Hall to
be sworn in by oath or affirmation by the City Clerk, or may appear virtually and make
arrangements to be sworn in by oath or affirmation in person at their location by an individual
qualified to perform such duty. Pursuant to Emergency Ordinance Number 13903, members of
the general public who are not parties to an action pending before the City Commission are not
required to be sworn in by oath or affirmation. Members of the City Commission shall disclose
any ex parte communications to remove the presumption of prejudice pursuant to Florida
Statute Section 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Ordinance. Staff will then
briefly present each item to be heard. For applications requiring City Commission approval,
the applicant will then present its application or request to the City Commission. If the
applicant agrees with the staff recommendation, the City Commission may proceed to its
deliberation and decision. The applicant may also waive the right to an evidentiary hearing on
the record. The order of presentation shall be as set forth in Miami 21 and in the City Code,
providing the appellant shall present first. For appeals, the appellant will present its appeal to
the City Commission, followed by the appellee. Staff will be allowed to make any
recommendation they may have. The City Commission — the City of Miami requires anyone
requesting action by the City Commission must disclose before the hearing anything provided to
anyone for agreement to support or withhold objection to the requested action pursuant to
Section 2-8 of the City Code. Any documents offered to the City Commissioners that have not
been provided seven days before the meeting as part of the agenda materials will be entered
into the record at the City Commission's discretion. If any Commissioner thinks that documents
supplied to the Commission less than seven days before merit a continuance, the item may be
continued by the City Commission. The City of Miami is using Zoom to hold its May — I'm sorry
— June 25, 2020 virtual regular City Commission meeting. I'm sorry, Commissioners.
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(Dog barking.)
Mr. Min: The City of Miami is using Zoom to hold its May 28 --
Commissioner Reyes: It's okay. We all know that.
Chair Hardemon: Yeah, it's like having a baby.
Commissioner Diaz de la Portilla: Just give him a treat.
Commissioner Reyes: That's right, that's right.
Mr. Min: Damn the treat. The City of Miami is using Zoom to hold its May 28, 2020 [sicj
virtual regular City Commission meeting. Zoom is a cloud platform for video and audio
conferencing, collaboration, chat, and webinars across mobile devices, desktops, telephones,
and room systems. In order to ensure that the public has the ability to view the meeting, the
City's Communications Department will broadcast the meeting through all the usual channels
and avenues that are provided when a City Commission meeting is held fidly in Commission
chambers at City Hall. The meeting can be viewed live on Miami TV, at miamigov.comITV,
through the City's Facebook page, on the City's Periscope page, and on the City's YouTube
channel, and on Comcast Channel 77. The broadcast will also have closed captioning.
Additionally, the City has not selected a virtual platform that requires the City to public — public
to purchase or download any additional software or equipment to watch this meeting. Aside
from the Zoom platform and that the participants will be appearing remotely, the public will
have no discernible difference in their ability to watch the meeting. The City has developed
several new methods of ensuring public comment. for a virtual meeting. The first new option
allows the public to provide public comments via the dedicated City of Miami public comment
voicemail by calling 305-250-5353, where individuals will be able to leave a two -minute
message that will be played during the virtual Commission meeting. The second option allows
for the public to submit a two -minute video to be played during the virtual Commission meeting.
The third option allows the public to submit comments via the City's online comment form. The
comments submitted through the comment form have been distributed to the elected officials and
City Administration throughout the day so that elected officials can consider the comments prior
to taking any action. Additionally, the online comment forth will remain open during the
meeting to accept comments and distribute to the elected officials up until the Chairman closes
public comment. The fourth option allows the public to pre -register to provide live comment by
phone during the virtual Commission meeting. For all the aforementioned options, all public
comments received will be included in the public record of the meeting. For these options, the
City also created a simple set of instructions explaining how the public may, submit their
comments with either option. Those instructions were provided in the notice to the public and
published online at miamigov.comlvirtual meeting. Additionally, like any other City
Commission meeting, the public may provide public comment at City Hall. The City has set up
a terminal in the event members of the public travel to City Hall to provide public comment.
Due to COVID-19, all speakers desiring to appear in person will be subject to all applicable
emergency measures in place to prevent the further spread of COVID-19. Speakers who appear
in person will be subject to screening for symptoms of COVID-19. Any persons exhibiting any
symptoms of COVID-19 will not be permitted to enter City Hall, but will be able to participate
through the remote option described earlier. These public comment options established and
provided for the regular City Commission meeting comply with Section 286.014, Section 120.54
of Florida Statutes. The City has published the agenda as well, as included in the notice to the
public pursuant to our City Code any items and the topics that will be discussed at the virtual
City Commission meeting. The public has been given the opportunity to provide public
comment during the meeting, and within a reasonable proximity in time before the meeting via
the public comment voicemail, online public comment form, public comment video, and live
public comment by phone. Section 286.0114(4)(c) Florida Statutes authorize through the City
prescribed procedures or forms for an individual to use in order to inform the board or
Commission of a desire to be heard, to indicate his or her support, opposition or neutrality on a
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Meeting Minutes June 25, 2020
proposition. The City, through its public comment options has provided five different
procedures and forms to indicate, among other things: His or her support, opposition, or
neutrality on items and topics discussed at the virtual Commission meeting. This information on
how to submit its comments was provided in a notice to the public on a dedicated web page, and
via the social media channels. Commissioners, please confirm you are comfortable with these
notice provisions and the uniform procedures we have established for this virtual meeting.
Vice Chair Russell: Yes.
Commissioner Diaz de la Portilla: I am.
Mr. Min: Thank you.
Chair Hardemon: Mr. Clerk, please state your procedures to be followed.
Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be
providing testimony to be sworn in for Planning and Zoning items and any quasi-judicial items
on today's City Commission meeting will be as follows: The members of the City staff or any
other individuals required to be sworn in who are currently present at City Hall will be sworn in
by me, the City Clerk, immediately after I finish explaining these procedures. Those individuals
who are appearing remotely may be sworn in now or at any time prior to the individual
providing testimony to Planning and Zoning items, and/or quasi-judicial items. Pursuant to
Emergency Ordinance Number 13903, those individuals appearing remotely may be sworn in at
their location by an individual qualified to administer the oath. After you are sworn in, please
be sure to complete, sign, and notarize the affidavit provided to you by the City Attorney's
Office. Each individual who will provide testimony must be sworn in and execute an affidavit.
Please email a scanned version of the signed affidavit to the City Clerk at
thannon@miamigov.com prior to providing testimony on the Planning and Zoning item and/or
quasi-judicial item. The affidavit shall be included in the record for the relevant item for which
you will be providing testimony. I will now administer the oath. You can raise your right hand.
The City Clerk administered oath required under City Code Section 62-1 to those persons
giving testimony on zoning items.
Mr. Hannon: Thank you, Chair.
Chair Hardemon: Thank you very much.
Later...
Chair Hardemon: For the agenda, gentlemen, we have — because we have a lot of business to
do today, I'in thinking that we could try to take our typical schedule where we try to have some
business done, have lunch, and then come back to conclude the agenda. But I know we have a
Jew minutes left, so let's try to get some business taken care of And before I do that, I want to
acknowledge another person whose birthday it is today. Vice Chairman, there's another person
celebrating their birthday. I want to see if I can make this clear. I want to know if everyone can
see this image. This young lady, her name is Erica Paschal. She's our Finance Director. She's
a graduate of Florida Agricultural and Mechanical University, and today is her birthday, as
well. So I want to say happy birthday to her. And all the staff who'll see her should say happy
birthday to her.
Commissioner Reyes: Happy birthday.
Victoria Mendez (City Attorney): Happy birthday.
Chair Hardemon: She's going to be embarrassed that I did that, but — you know. So would the
Chairman or — first, Mr. Mayor, do you have any statement that you want to provide? If he's
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here. Are there any, — there aren't any mayoral vetoes. I think we asked that question before.
So, Mr. Chair, we would like to entertain a mo — well, are there any continuances, withdrawals,
or deferrals? Mr. Clerk.
Art Noriega (City Manager): Yes, sir.
Chair Hardemon: Mr. Manager.
Mr. Noriega: Good morning, Mr. Chairman, Vice Chair, Commissioners, Madam City
Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw
the following items: On the regular agenda, to be deferred: SR.1, which is to amend the Code
for Chapters 20, 29 and 54. To be withdrawn: DI.1, which is the discussion on the Olympia
Theater. On the PZ (Planning and Zoning) agenda, to be deferred: PZ.1, which is the land use
for 3040 Carter Street; 3065, 3069, 3091 and 3095 Plaza Street. To be deferred: PZ 2, which
is a rezoning of 3040 Carter Street; 3065, 3069, 3091 and 3095 Plaza Street. To be withdrawn:
PZ.3, which is the zoning text for auxiliary parking. To be indefinitely deferred: PZ.5, which is
also zoning text, but for the attainable mixed income. And to be deferred until public hearings
resume: PZ. 7, which is a Planning, Zoning Advisory Board decision appeal. for 1267 Southwest
22nd Street, 1292 Southwest 21" Terrace, and 2149 Southwest 13th Avenue. That concludes.
Todd B. Hannon (City Clerk): Excuse me, Mr. Manager. SR.1 is going to he deferred to what
date? Is it to the next like meeting?
Mr. Noriega: Yes.
Mr. Hannon: And is that the same for PZ.1 and 2; they will be deferred to the next like
meeting?
Mr. Noriega: That was a request of the applicant. I'm not sure what their request was
specifically. I don't know if the Planning Department has more information on that. Jeremy, I
see vou 're on — or Francisco.
Francisco Garcia (Director; Planning): Yes. Francisco Garcia. The request there, Mr.
Manager, is that it be indefinitely deferred.
Mr. Noriega: Indefinitely deferred. Okay.
Mr. Hannon: And my apologies. That's PZ.1 and 2?
Mr. Noriega: Yes, correct.
Mr. Hannon: Okay. Understood, sir. Indefinitely deferred, 1 and 2.
Nicole N. Ewan (Assistant City Clerk): Mm-hmm.
Commissioner Reyes: So move it.
Chair Hardemon: Commissioners, are there any other items that you want to withdraw,
continue, or defer? Seeing none, I'll just -- Is there a motion in concurrence,* what's on the
record?
Vice Chair Russell: So moved.
Chair Hardemon: It's been properly moved and seconded by the Chair. All in favor, say
"aye."
The Commission (Collectively): Aye.
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Chair Hardemon: All against? That notion carries.
Mr. Hannon: And Chair, just for clarification, PZ.7 is still on the agenda; it's just going to be
heard later on this afternoon; is that correct, Mr. Planning Director?
Mr. Garcia: My understanding is (UNINTELLIGIBLE).
Commissioner Carollo: Mr. Clerk, I voted "aye" with that motion.
Mr. Hannon: Understood. Again, Mr. Planning Director, PZ.7 is still on the agenda, correct?
It'll just be heard this afternoon.
Mr. Garcia: As per the City Manager, Item PZ.7 was requested to be deferred until such time
as meetings can take place in person.
Mr. Hannon: Okay. So then, what date is PZ.7 being deferred to? Are we going to indefinitely
defer it; bring it back? I'm sor y, I just can't hear you, Mr. Planning Director.
Mr. Garcia: I might as well try it again; my apologies. That would be tantamount, I imagine,
to indefinitely defer.
Mr. Hannon: So PZ.7 is indefinitely deferred?
Mr. Garcia: That is the request.
Mr. Hannon: Understood. Thank you.
PUBLIC COMMENTS FOR ALL ITEM(S)
7587 DISCUSSION ITEM
Office of the City
Clerk
PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE
PUBLIC FOR THE JUNE 25, 2020 VIRTUAL CITY COMMISSION
MEETING.
RESULT: PRESENTED
Chair Hardemon: Before we open the floor for public comment, starting with the people that
are outside, I want to first say to our Vice Chairman, happy birthday, sir. Everyone is
(INAUDIBLE) birthday. He's another year wiser.
Victoria Mendez (City Attorney): Happy birthday.
Commissioner Diaz de la Portilla: Happy birthday.
Commissioner Reyes: Happy birthday.
Vice Chair Russell: Thank you, everyone; 47, 47; getting there.
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Commissioner Reyes: 47.
Chair Hardemon: Typically, people say that you should be nice to the person on their birthday,
but the way that I grew up, you get licks on your birthday. You walk away with a few hickeys on
your head, you know. It's part of --
Ms. Mendez: Yeah. They would punch you on your arm.
Chair Hardemon: Exactly, exactly.
Commissioner Reyes: That's right.
Chair Hardemon: Okay. So what we'll do now is we'll open up the floor for public comment.
Everyone, you have two minutes to address this body. You may state your first name, your last
name; you may state your address, but please state what item it is that you're speaking to. So
once again, you have two minutes to address this body. At two minutes, you may be cut off, so
just be aware of that. State your .first name, your last name; you may state your address, and
then what item it is that you're speaking about. And so, we'll start with the lectern outside. I
believe it's a lectern out there and recognizing the gentlewoman.
Frances Aldrich: Good morning. And thank you all for the opportunity. My name is Frances
Aldrich Sevilla Sa Casa. And 1 believe you want my address, right? No? Okay. 1 am a
resident of Miami; 1 have been for over 60 years. 1 was born and raised in Miami, Florida. I
was born in 1956. And I've had the great pleasure of seeing Miami develop and flourish as a
vibrant community over that period. We are very committed to Coconut Grove, as well. We
own property in Coconut Grove. My office is in Coconut Grove. My two daughters attended
Carrollton School of the Sacred Heart. So we feel that we are Grovites. We love the community
and want to see it continue to flourish. As we all know, investments in education is key to
continue to build a vibrant community. And over 60 years, that's exactly what Carrollton
School of the Sacred Heart has done. We have helped nourish young girls to become fabulous
young women, to have that — the goals and criteria of the Sacred Heart embedded in everything
they do; very dedicated to social justice, and they're impaled [sic] to action. Those are the
Sacred Heart women. It's a shame that we are one of the few major — I think the only major
metropolitan city in the United States — that does not offer primary education for primary school
boys. So we would like to offer that fantastic education to people in our own community, to
families that also have boys. But today, we're talking about historic, environmental, and
preservation issues. And I don 't think there's any better example than Carrollton, with the two
campuses that Carrollton has and has nourished and grown over the past 60 years. When you
look at what they've done with the historic buildings on their property, with the canopies that
they have preserved and embellished, and grown. This is an example of what Woodbine could
become. We are extremely committed and dedicated to making sure that that happens at
Woodbine, as well. We have the experience; we have the passion, and we will help to preserve
those buildings and the canopy that is so important for the Grove. We've seen a lot of building
and development in the Grove. I can assure you that the Woodbine School is going to preserve
the great things that the Grove has to offer while continuing to offer fantastic education and
social justice to our families in the area. So I support Woodbine, and I hope that you support
the project,, as well. Thank you very much for the opportunity today.
Chair Hardemon: Thank you. You 're recognized. Go ahead, ma'am. You're recognized.
Ebony Rhodes: So my name is Ebony Rhodes. I live at 3146 Hibiscus Street. I am speaking
today first as a proud member of the Coconut Grove Village West, and as an owner of a historic
wood frame vernacular home, which I treasure. I see and experience the pace of development
firsthand. If this is about ensuring that a historic building is preserved for the benefit of the
community, I can also speak as Carrollton's Director of Community Relations and affirm that
Carrollton has proven itself to be an excellent steward of not just our historic property, El
Jardin, but also, the history and the context of its founding. And we also share it with the
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public, our students, parents, faculty and staff and our community partners. It is from both of
these perspectives that I am proud to speak up in support of the value of Sacred Heart education
in our community. Thank you.
Shakahi Grady: Should I remove my mask? Oh, I can start?
Unidentified Speaker: (INAUDIBLE) your name and your address.
Ms. Grady: Hi. My name is Shakahi Grady. I live at 2300 Southwest 3''d Avenue. Thank you
for your time. Will the Woodbine School be an asset to this community? Unequivocally, yes. I
want to live near a values driven and situation learning, like Sacred Heart Schools, because my
own experience and history shows a positive impact this school has on its surrounding
community. It's a dynamic nexus of the following things: An aspiration of ideas; cultivation of
the intellect and the talents of young people; service to the community as an extension of its
classroom; and investing in responsible stewardship of the physical landscaping where all this
learning takes place. I became a member of the Carrollton community through my work with an
organization called Breakthrough Miami. Breakthrough has partnered with the Carrollton
community for the last 10 years to support its own vibrant learning community of highly
motivated and traditionally under -represented 5"` and 12' grade kids so that they can be
successful when they leave high school and develop leadership skills. Our partnership is a
concrete example of Carrollton's Sacred Heart values and what a school like the Woodbine
School and its presence in the community can do for all of us. Thank you.
Paul LaRoche: Good morning. My name is Paul LaRoche. My address is 1765 Juaquina
Drive; Miami, Florida 33133. Oh, okay. All right. So I am up here as a father, as a member of
the community, and also, as a father of a Carrollton daughter. She's been in Carrollton since
the first grade. She's now in 10' grade, going to 1Ph grade. And she was — she was going to
come with me. Obviously, teenagers, they sleep late now in the quarantine. She wasn't able to
get up. But the reason why I'm here is to plead on behalf of the Carrollton school, the boys
school. There's a couple of things, obviously, with this environment, the way that we can see all
the — all what's going on in the country and in the world, it's pretty obvious that the people are
now saying that they want a change in everything, including the school system. And I think part
of what I'm seeing as the opportunity is that Carrollton's Boys School will be one of the first
ones to be able to offer such a great education to not only boys, but also to the — some of the
under -served in our community. To me, I feel this will bridge the gap between our kids and the
kids that are not so well off, or that don't have as much and that tend to not going in the right
direction, because of lack of opportunities. So I'm making a plea on behalf of the boys' school,
not only because of the education that Carrollton has to offer, but because I feel it'll be great
for our community. It'11 be a great thing to be able to bring kids together that actually will
grow up together, will be part of the community, will understand the community, and will also
take ownership of it at some point, because as we all get older, the kids will be taking over. And
being together at such a young age, to me, it was sort of give them an edge, an opportunity to
not have to deal with some of the things that we have to deal with, some of the things that I have
to deal with. I can see my daughter; change in my daughter. I went to an all -boys school, a
Catholic school in Haiti. And the difference it made for me allowed me to help her, to assist her
in going to Carrollton. And I can see with the type of education she is getting, the level of
community awareness; the level of community dedication that she has, I never had at 16 years
old. So I can only imagine what it would do for our community, our great community in Miami,
if this school was able — was to get started. I know some of the pushback is about traffic, is
about beaut'ing. I don't believe the price — the cost of not dealing with a little bit of traffic.
I'msure it would increase traffic. I'm not going to lie. I know it does, and I, for one, live in the
Grove. It affects me, as well. But I believe in my heart of hearts that the little price that we'll
pay will be all worth it at the end. So that's all I have. I don't know if there's any questions. Is
there anything else I can do, sir?
Chair Hardemon: Thank you very much, sir.
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Mr. LaRoche: Thank you very much; appreciate it. Appreciate the opportunity. Have a good
day, gentlemen.
Isabelle Singletary: Good morning. Okay. Am I ready?
Chair Hardemon: You're recognized, ma'am.
Ms. Singletary: Good morning. My name is Isabelle Singletary, and I am here to support
Woodbine School for Boys and the Villa Woodbine property. I've lived in Miami for 50 years
on Tigertail, right next to the property for part of those years. And I've seen the growth of this
area. I've also been part of the preservation efforts at Vizcaya, so I know the — I understand
and have seen the successes that the El Jardin property has had in preserving historic property
in Miami. Woodbine is a precious property. I was a classmate. I went to school with Walter
De Garino, the architect of Villa Woodbine, with his granddaughter, and I was very close to his
parents, his father and his mother. I am steeped in the historical significance that Miami has.
And it is essential that we preserve this; that Carrollton is — the people who Carrollton have
trained and have the experience they have can tran — be transferred to Woodbine so that it is
not lost to other interests and/or possible development. The preservation of El Jardin has been
extraordinary. The stewardship of it has been extraordinary, and we've opened it to the — it's
been open to the community. We've been able to see it. So it's the kind of value that I would
want for Woodbine. So I wholeheartedly encourage you to please vote for it. Thank you.
Tucker Gibbs: Good morning. I'm here to speak on Agenda PZ.7. That's the Village
Montessori appeal. 1 represent Zulima Rivero, Maritza Barrios and Maritza Vasquez, who live
and own property across Southwest 21 st Terrace .from the applicant's property. My clients
respectfully request that this properly noticed agenda item be heard today, as scheduled. After
four deferrals, starting over eight months ago, well before the pandemic, the applicant informed
the City last Saturday, June 20, that it opted to, quote, "Wait until the pandemic ends to proceed
with this hearing." There is no such option in the City Code, nor — or in the recently enacted
ordinance addressing virtual quasi-judicial hearings. The only such option is included in the
City's hold harmless document that applicants sign as part of that new — the new virtual quasi-
judicial process that we're undertaking right now. But the applicant did not choose to sign that
hold harmless document, and therefore, the applicant has no right to this option, because it is
only available to those who sign the hold harmless. On Monday, June 22, the applicant
informed my clients and other neighbors that as of — that the June 25 City Commission hearing
would be deferred to continue discussions with the neighbors. This disinformation has acted to
encourage neighbors from participating in this hearing, because the decision to defer to the end
of the pandemic is already made according to the applicant's communication with the City. My
clients have waited for this hearing since last August. During that time, they've attended
neighborhood meetings with the property owner and its previous attorney. I have met with the
property owner and its previous attorney, and reported back to my clients. I met with the
applicant's current attorney, architect and others, and reported back to my clients. And my
client's position has remained constant. They oppose this application for this hearing. They
want you to hear this case and decide today, as scheduled. This is your decision, not the
applicant's. Thank you.
Zulima Rivero: Okay. Good morning. My name is Zulima Rivero, and I live at and own my
home at 2121 Southwest 13th Avenue, directly across from the proposed daycare. My family and
I have lived here for the past 50 years, since 1971. I am here requesting for you to deny the
appeal filed out of Village Montessori School. I received mailing notice from the City of Miami
regarding the development application and the hearings before the Planning, Zoning and
Appeal Board and City Commission. This application, if approved, will permit a project that is
too large Jrothe area proposed. It will add 186 preschoolers, 23 staff"/teachers, plus parking,
drop-off and pickup on the property directly across the street of my home. This will degrade the
health, safety, tranquility, character and overall welfare of the neighborhood, and negatively
impact me and my family as an abutting neighbor by creating excessive intensity, congestion,
light glare, and most of all, traffic. These negative impacts are not shared by the public at
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large. Please see the package of 13 pictures that were provided to the City Clerk earlier this
week. Page 2 shows an extremely large amount of traffic congestion that currently comes off of
Coral Way onto Southwest 13th Avenue, corner of the proposed daycare. Page 3 shows one of
the many accidents on the corner of Coral Way and 13tr, Avenue. Pages 4, 5, and 6 show a few
of the many more accidents on 13th Avenue and 21st Terrace. The accident on Page 6 hit home
as it involved my niece, which was — has also lived on 13th Avenue all her life. We thank God
that she wasn't badly hurt when she was hit. Page 7 is another example of the congestion on
the corner of the proposed preschool, despite 21' Terrace and 13th Avenue being a one-way
street. If you closely look at Page 7, you can see that at that particular moment, there was yet
another accident waiting to happen by the — to be caused by the wrong -way driver. If this is not
denied, this large project would negatively impact us, the homeowners and the rest of the
neighbors, since at least 50 percent — about 90 cars — of those attending the proposed preschool
will turn on 21 s` Terrace into our neighborhood as they exit the preschool. The other 50 percent
-- about another 90 cars — will either attempt to go straight towards 8th Street, or to be called by
the — halted by the 15-mile speed limit on Coral Way K through 8 School. But mostly — most of
them will attempt to make a U-turn to go back onto Coral Way. I keep emphasizing "attempt,"
because, as you can see, on Pages 10, 11, 12, and 13, there are already a tremendous amount of
traffic due to the K through 8 Coral Way School, which happens to only be one block away. from
the proposed daycare. These 189 or so cars will not allow. for a smooth exit. from the proposed
preschool. Regardless of which way the parents decide to exit, this will cause more congestion
in this corner of my home. As a directly affected homeowner and neighbor for the past 50
years, 1 plead that you deny this appeal today in order to maintain the safety, tranquility,
character and overall welfare of our faniily and our neighborhood. Thank you. And just for the
record, 1 will go ahead and submit these pictures for the Commissioners, and they will be on the
record. Thank you.
Chair Hardemon: Thank you, ma'am. Is there anyone else at the lectern?
Manuel Otero (Web Administrator Innovation and Technology): (INAUDIBLE) reports, there
are three more people at City Hall.
Chair Hardemon: Okay.
Maritza Barrios Barrera: Do I start talking? Okay. Yes. My name is Maritza Barrios
Barrera. I live at 1271 Southwest 21st Terrace, Miami, Florida. I am the resident that is
directly across the street from this project. Therefore, my interest is greater than the public at
large. I have lived there for 30 years. And I feel that this project is too large for the area that
it's being placed in. They need 183 students with parents that are driving in through our
property. We have had to change the direction — we requested the direction from 12th Street to
be going up to be closed. And now, we're getting impacted on the other side, as well. We feel
that this project will be negative for us and our quality of life, because of all the parking. And
don't tell me that they're going to have a parking space two blocks away, where parents can
drop off their kids or bring them in a stroller under the sun, under the rain, under the cold, and
bring them in there. There is no parking for that project, and the parking that they're building
is going to be directly in front of my house; thereby diminishing my quality of lift, because of
the noise, because of all the traffic, plus the traffic that comes up from 12th Street, driving at the
wrong side of the road, which happens every single day during peak hours, and people will he
coining in one way and in the other way, and it'll bottleneck there. I feel that this project that
has already been denied by the Planning and Zoning. And most of the people that live in the
area that are directly affected will be impacted negatively — negative against this project. And
we will all be impacted negatively. Thank you very much. What do I do now?
Maritza Vasquez: Yeah? Hi. Good morning. My name is Maritza Vasquez. I am a resident at
1253 Southwest 21' Terrace. I have been living in that house for 23 years. I received mail and
all this from the City of Miami regarding this development application. I do believe that the
project is too big for the area. It is affecting us a lot. These negative impacts are not shared by
the public at large. I agree with everything that my neighbors have said. And what I have to
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say is that personally, I think that it is affecting our quality of life. The traffic is tremendous;
it's really bad. Cars come against traffic, really — in really high speed. They don't care. I have
a teenager kid that sometimes goes out with his friends, and they cannot even play on the street,
because it is unbelievable the way cars come so fast. They're parking in the middle of the
street. They come against the traffic. They — these two buildings that they — these two houses
that they're across the street from Maritza, Zulema, they just put new plants, and the water
company comes to put water on the plants, and they come against the traffic. They do whatever
they want. We have been having a lot of issues with Code Enforcement, and, you know, Code
Enforcement do as much as they can, but it is unbelievable, you know, all the times that we had
to call Code Enforcement, because there is no parking, there is violations, there is a lot of
garbage thrown across the street of my house from the two houses in the building, and, you
know, that's not the way I am accustomed to live. I live in that area for 23 years, and never had
that problem. We had to go maybe like 15 years ago to pay as residential parking only, so this
is something that is going to be affecting us a lot. I will appreciate it if the Commissioners take
a look at the situation and, you know, Planning & Zoning denied the case back in July. They
had to go to votes four times, which Mr. Rodriguez say that day he couldn't believe that when an
item is heard at a Commission meeting and they have 10 go for votes, one time is enough. We
went, four times. for a denial. This is something that we want you guys to work. for. Thank you
very much.
Luis Herrera: My name is Luis Herrera, president of the Vizcaya Homeowners Association. I
come today here to tell you it's no reason at all to defer this item because COVID-19 is going to
be here for a long time, so it's no reason at all to cancel this meeting. So I bring to you already
another person, already talking about this thing here. And it's hard for us to give it to the
Commissioners so the Commission, they can see what happening in the area, okay? And this
particular one over here, that's the one, Montessori, they have the school right now. And you
see the parking lot all full of cars? That's the Montessori, okay? And the new place, they want
to put it in -- and I'm going to go through everything, but I'm going to show you something right
here. This is a school sign. This is the school sign, close to the new school, Montessori, he
want to put it in. You see the sign there? That's the school, (INAUDIBLE) Elementary School
in 19' Street. It's only a few blocks. So — and then you can see in page 7, right here, it's one-
way street; exactly where the house is, they want to put the school — or the parking lot. This car
is belong to these people here, and they come out in a wrong way, almost they got a accident.
You see all the accidents. I want to know how I can give this to the Commissioners, one way or
the other. You can see everything. And he call me in my phone, and I claim everything they got
in here. Thank you very much. And I glad that you follow today to hear from Montessori. No
wait more longer. The pandemia " is no reason to cancel it out. Thank you. Bye.
Mr. Otero: That was the last person for public comment in City Hall. We'll now go to the call-
backs. So Phone Operator 1, you're live.
Ms. Mendez: Sir, go ahead. You're live now with the Commission.
Michael March: Thank you. Good morning, ladies and gentlemen. My name is Michael
March. I live at 3543 Plaza Street, in the West Grove. The first item I would like to speak about
is Agenda Item FR.2. That regards homeowners' rights in response to being historically
designated. I don't know why this item has been deferred so many times. So far, the only
opposition that I've seen against it has come from the Dade Heritage Trust. It seems that they
are against it, because they want to expand their own sphere of influence and get as many
properties designated as possible. If you look at the nearby City of Coral Gables, they are now
designating ranch style homes. So obviously, some of these historical designation advocates do
not care about the particular style of homes they want to designate. They just want to prevent
people from redeveloping any property over 50 years old. And this represents a major violation
of homeowners' property rights. If we truly want to avoid gentrification, we need to give new
generations the right to redevelop their homes, and we need to stop these frivolous lawsuits
from the lawyer who is preventing the demolition of this ranch style homes, whether it's in
Coral Gables or here in the City of Miami. I also would like to speak against Item PZ.5, which
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potentially gives developers benefits to build affordable housing next to T3 neighborhoods. This
is bad for T3 neighborhoods. Thank you. Have a good day.
Mr. Otero: Phone Operator 2, you're live.
Unidentified Speaker: Okay, caller. You're on with the Commission. Go ahead.
Malena Alegarre: Yes. Hello. Good morning. My name is Malena Alegarre. I wanted to
express my agreement with the model for the large (INAUDIBLE) feeding the homeless, and the
regulations. I volunteer with Hermanos de la Calle. We've been feeding the homeless along the
pandemic. We thought they needed us. They need food. But I understand the risks that are
taken during that moment mostly for the homeless people that are the most vulnerable, but at the
same time, the necessity to bring them food was imperiously. So we continue to do so, and we
think it's great that we are having more services for the homeless people and this new model of
feeding them in certain places. I think that's great. But I really think that we can go
.furthermore. Hermanos de la Calle is working with the model of transitional housing, which
has been demonstrated all over the United States, and through this organization and some
others that it is a great way. for the homeless people to leave the streets, with their dignity, stand
on their feet, find a job, sharing a house, paying a rental together. But there is no regulation
that this (UNINTELLIGIBLE) type of transitional housing. And I want you to advocate as the
City of Miami to consider it, the need to regulate these independent people living together in
order to he able to share a space, a room, a home, a community. Considering the prices of the
housing in Miami, a single person, homeless person, although he gets a check or whatever from
the government, he's not able to pay a deposit, first and last month. So this transitional housing
would be really — or is really very beneficial for these people. And there is some examples that
Hermanos de la Calle has been developing. So this is what 1 just wanted to express and thank
for — thank the Commissioner for this proposal about feeding, and ask also for the need of a
regulation for -- to go furthermore, you know, to take them out of the streets, do all that they
can. These old people getting a check and not being able to be in a secure comfort place. So
that is what I wanted to express. Thank you very much.
Mr. Otero: Phone Operator 3, you're live.
Kael Tyler: My name is Kael Tyler of 1251 Southwest 21' Terrace; speaking in opposition of
the appeal by Village Montessori. The Miami 21 Code was created to protect the people of
Miami so that future generations can reap the benefits of well-balanced neighborhoods and rich
quality of life. An exception should only be made if it meets this burden. And a private daycare
muscling into an already saturated area comes nowhere close to meeting it. Our community
has called this neighborhood home for decades, has been forced to fend off the efforts of the
greedy and corrupt time and time again. A hoard of rich parents who want a nicer, bigger
place to drop their toddlers is nowhere nearjustification enough for rezoning a residential area,
especially when it negatively affects so many residents. 21' Terrace was, and arguably,
remains a dangerous street by nature of linking 12'h Avenue and Coral Way, allowing motorists
to bypass a major intersection. For this reason, it was converted to a one-way, which continues
to see wrong -way travel and speeding. Residents have also been plagued by nearby business
patrons parking their cars and crowding the street, despite the area recently designated a
residential parking area by permit only. Speaking of nearby businesses, establishments within
one block include a very popular bar, three other restaurants that sell alcohol, and a smoke
shop specializing in cannabis tools. Construction of a large hotel is currently underway on the
same block. According to the Department of Transportation's fatality analysis reporting
system, between 2003 and 2013, a traffic fatality occurred on the intersection of Coral Way and
12' Avenue, five blocks north of the intersection, and less than a block south of the proposed
preschool. All three fatalities were pedestrians. My family and I have personal knowledge of at
least two traffic accidents that occurred this year alone at Coral Way and 13`h, directly in front
of the proposed preschool. It should be glaringly obvious to anyone concerned with the safety
of children that this is not an area conducive to a preschool. Since I am unable to directly rebut
what I am sure will be an argument laden with fallacies and inaccuracies as you scrutinize
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Village Montessori's amended plat. Some misuse which were poorly addressed when their plan
was initially denied were: Their traffic flow plan, especially at pick-up and drop-off times, and
the outdoor square footage that's calculated by a maximum number of students, which fell short
of the required minimum. Please do the right thing and uphold your (UNINTELLIGIBLE).
Thank you.
Mr. Otero: Phone Operator 4, you're live.
Unidentified Speaker: (INAUDIBLE) community. The answer — hello? We're here to answer
one fundamental question: Will the Montessori School be an asset to this community? The
answer is a clear and resounding "no." To accept this proposal would be not only a disservice
to the people that call this area home, but to the children who would be taught here. The traffic
pattern, with congestion surrounding our street has already led to multiple accidents. On a
daily basis, cars drive up the one-way, or use the street to bypass the major intersection. What
will it look like with a revolving door of parents dropping students off, particularly when there's
no capable parking lot to speak of? Will cars be allowed to stop and stand? You can't do so
without creating obscene levels of congestion. You can't simply expect daycare -aged children
to hop out of the car. And the traffic and parking is but one issue. What will it look like. for a
school to operate there with all of the noise, foot traffic and garbage that running a large
business entails? Because please make no mistake, that is what this proposal is about, putting a
business in a residential zone. What will it look like to expose this neighborhood, these people
who have lived here for tens of years, to a barrage of strangers on a daily basis? What will all
of this mean, not only for practical issues like our property values, hut for our daily living
experience, our quality of life? Imagine for a minute that this was your home. Would you feel
comfortable with this proposal? This is an issue impacting our community, and our community
has spoken. You can 't sail a cruise ship up the Miami River. Why would you put a large
business like that in a residential zone? Please stand up for the people who live here and affirm
the decision of the Planning, Zoning and Appeals Board to reject this proposal. Thank you.
Mr. Otero: Phone Operator 3, you're live.
Unidentified Speaker: You can speak with the Commission.
Narciso Munoz: Hello? Hello to everyone. My name is Narciso Munoz. I am a resident of
Miami. I work for Herinanos de la Calle, that we provide food and shelter and clothes, and a
lot of things to the homeless population. Basically, I'm calling for my support to the large
group feeding ordinance that you are promoting, which I think it's super -interesting to give the
homeless all together something — you know — all the service that the City can provide. What I
would like to mention is if we can move on, move forward, because what we really think is that
more than food, what the homeless population need is house. And house, I'm referring not a
shelter, but a house. We have been proving that — it's a proven concept to have like house
sharing or community sharing, or rooming. So I would like to ask if it's possible to try to work
in some type of ordinance where you can design or get some places within the City of Miami
where we can accommodate in houses the homeless that are ready — to move out from the
streets. We see there are large population of Cubans, all Cubans, that they receive a check, but
they don't have enough money to get to their own place, and they are really okay. Then we have
some veterans from the same conditions. Then we have — of course, you have the issue of
addictions, but those we send them to rehabs. When they return from the rehabs, they need a
place to stay, a place to call home. When you are thinking a shelter, a shelter is not a home.
This thing, it's self -sustainable. It's not a cost for the City, and we just need some type of
regulation to do this in the correct — in a correct way. They are receiving money from
companies, and we'd like to open like 20 more houses, or 25 more houses, and we can take care
of — I don't know — 200 people from the streets. But we really need your support. We are
helping the City and, well, I know you have been supportive to us. I think it's time to move to
the next level, and it's incredible, a city with 3 million people that we can't solve a thousand
people. We really think that it's possible in a joint venture between the community, the
government, all together to give them a solution. This is a moment where we're going to have
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everybody in a parking lot, so it will be super, a super opportunity. That's what I want to say.
Again, thank you very much for your help. Bye.
Mr. Otero: Phone Operator Number 2, you're live.
Unidentified Speaker: Okay, caller, go ahead. You're live with the Commission.
Ana Gonzalez: Me?
Unidentified Speaker: Yep.
Ms. Gonzalez: Hi. My name is Ana Gonzalez. I live at 3000 Coral Way, in the City of Miami,
District 4. I'm calling in support of the Woodbine Project. Carrollton has been a member of
the community, for over 60 years. They've been a good neighbor. They've produced — they have
students that are productive in supporting the communities throughout the Grove and around
Miami. They've been great stewards to the two designated preservation sites they currently
own, and they have the pockets to continue to do so in perpetuity. The families that have their
students in these Sacred Heart Schools or properties are also contributing to the Grove
districts, the Commercial District, and you can tell just by any after school going through and
seeing all the plaid skirts of all the students throughout the Grove at the different shops and the
different cafes and whatnot. Another issue is there has been an assumption that 75 percent of
the boys who would attend this new school wouldn't he from the Grove, and I think that that's --
you know, there's no real way of knowing that, first of all. Second of all, that sort of conspires
that only residents of the Grove should have rights to the Grove, as opposed to regular people
in and around the City and the County. Additionally, about a year ago, this same issue was
coming up with regards to Brito Miami Private being relocated to a commercial zone. I believe
it was a T4 or a T5. They were granted special access, and they were — the exceptions were
granted to them in order to be able to access residential roads, despite the neighborhood being
really upset, because we have significantly more traffic where we are on Coral Way than
Tigertail will ever see in its lifetime. And we were told basically that traffic is part of the price
that you pay for living in the City; it's part of growth; it's part of what we have to deal with.
And I would venture to guess that the majority of traffic in and around Coconut Grove at any
time of day is more a direct result of its location geographically in the City, just south of
downtown and Brickell, than it is because of any school. The school zones are there, they are
used, they do get bad. But at no point does it ever take you more than 20 minutes to get from
the farthest north point of Coconut Grove into the farthest south, and that is using Tigertail or
Bayshore, as opposed to U.S.1. So I don't think the tragic is enough of an issue to keep it. I
think that there is more to gain by having an owner, like Carrollton, preserve the property for
the good of everybody in the community long term, in addition to the fact that this would give us
an all -boys Catholic school from primary years. These same students would probably also be
the children of the same families that are already at Carrollton, already at Ransom, already at —
you know — La Salle. To assume that we're adding more people I think is false. And so, I think
that Carrollton has done a lot for the community between the after -school programs at the
Barnyard to community service over at Mercy Hospital to just regular neighborhood clean-up
that they do, participation in the Coconut Grove Arts Festival. I think they have done a lot, and
I think that if they had really done negative impacts, we would not be in this situation. But
clearly, the parents and the community want it, which is why this conversation is even
happening. So I thank you for your time, and I really hope that you will reconsider granting
them the opportunity to build what is much needed in Miami. Thank you.
Chair Hardemon: Thank you very much. Before we move on to further phone callers, what I'd
like to do is go back to the lectern, because I know we have some individuals that are waiting to
speak for two minutes, and they're here at City Hall. So I want to make sure that they have an
opportunity to speak. But as well, I want to remind our City Clerk and our host that I would like
for the City Clerk to announce when two minutes have expired so that our host can move on to
the next public speaker, because I can't control — you know -- the person who's speaking or this
system to move on to the next person. So the host can — so I want to make sure that the Clerk
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announces it so that the host can then move on. And then now I'll recognize Mr. Zichella at the
lectern.
Eric Zichella: Thank you, Mr. Chair. I'm here on PZ.4, and I have not been sworn in by the
Clerk yet. I can be here to address the item when it conies up on the PZ agenda, or if you'd
prefer that make my comments now, sir?
Chair Hardemon: Well, this is the public comment section, so you do not have to be sworn in
for the public comments section.
Ms. Mendez: Chairman, remember that we changed the ordinance for just members of the
public, so unless he is a witness, he does not have to be sworn in. He could speak now.
Chair Hardemon: That's my point. It's just public comment. So — right — unless he's going to
be — unless you're going to be a witness in it or — yeah. It's basically for witnesses that are
giving us the. facts.
Mr. Zichella: Yeah, I will not be a witness in any quasi-judicial proceeding, but this is — you
know — an ordinance on second reading, so I certainly want to give you my comments before
such time as it's heard.
Chair Hardemon: Please do so.
Mr. Zichella: Okay. PZ.4 is an item dealing with self -storage facilities. We're very concerned
about the ordinance. We represent Public Storage, one of the largest publicly traded REITs
(Real Estate Investment Trusts) in the country; also owns a number of self -storage facilities. As
a matter of form, I would also respectfully suggest to you all that anywhere where you use the
term, `public storage" should be changed to "self -storage." Public Storage is a specific brand
and not a term of art for your Code. With that said, we are very concerned about the
enforcement provisions of this particular ordinance. This ordinance will impose penalties on
my client or similarly situated storage providers, storage operators, for the infractions of other
people that are committed off their property. That is totally, improper and totally wrong. This is
not something that is done in the United States of America. This is something that's done in
Cuba, prosecuting people for the actions of others. Separately from that, I would also suggest
to you that in the time of COVID, requiring these facilities to have communal bulk waste
facilities on site is a very poor idea. People are going to be sweating all over their boxes,
sweating all over their mattresses, throwing them in the trashcan, and then others are going to
touch the trashcan, and these places are going to become COVID hotspots. Finally, I would
suggest to you that this is going to add cost for the consumers. This is a fairness issue, as well,
because you're addressing operational issues related to storage facilities and illegal dumping in
the Zoning Code, and it's not the appropriate place for it. We would respectfiully ask you all to
just go ahead and kill this ordinance. My client, others in the industry are willing to work with
— sponsor the ordinance. You 've met with him. We've met with each of you individually. We're
willing to work with —
Todd B. Hannon (City Clerk): Mr. Zichella, your two minutes have expired.
Mr. Zichella: Thank you.
Chair Hardemon: If there isn't anyone else in the lectern, then we can move back onto the
phone comments.
Mr. Otero: Phone Operator 4, you're live.
Hortensia Linero: Commission? Hello (INAUDIBLE)?
Unidentified Speaker: Yes, ma'am.
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Ms. Linero: Oh, okay. My name is Hortensia Linero, and I'm a resident of Miami, and I'm a
member of Hermanos de la Calle. And I think it's a great resolution, giving services to the
homeless, but I think you — I mean, I think you should go a little step further, and to give them
transitional housing, like we do at Hermanos de la Calle, because that way, we help them to go
into society again. And they can have a job, like they usually do, like 90 percent of the people
we help, and put in transitional houses, or 95 percent. They go into society and to — you know —
their own life, as natural person as anybody else. And, well, I think the City should help the
homeless by doing that; not giving them the fish, but helping them to fish, I think. I don't know.
Hello?
Mr. Otero: Phone Operator 1, you're live.
(Comments made in the Spanish language.)
Maria Cristina Quintero: (Speaking in the Spanish language.)
Mariana Campos (Spanish Interpreter): Good morning. My name is Maria Cristina Quintero.
I live in 445 Grand Bay Drive, Apartment 805, Key Biscayne, Florida 33149. Hello. Good
morning. I am calling to help and support the foundation, Brothers of the Street, Hermanos de
la Calle. It's a very important issue, and it's going to be a resolution. for the homeless people of
Miami. The City should follow rules, and help these nonprofit organizations that are helping
homeless people to not only give them food, hut also transition into helping them get out of the
streets. Thank you very much.
Mr. Otero: Okay. We have like two or three people that need to he called back, but we're
struggling to get them on the line; if you could just hear with us a few seconds.
Ms. Mendez: Chairman? Chairman Hardemon?
Chair Hardemon: Say that again, Victoria.
Ms. Mendez: Chairman, I just wanted to remind you that there are intervenors also waiting to,
you know, speak. And obviously, you would decide when they would speak, but I just wanted to
advise you of that.
Chair Hardemon: No. For the intervenors, we want to ensure that they have an opportunity to
address their intervenor status at the time of the item.
Ms. Mendez: Okay.
Chair Hardemon: (INAUDIBLE) speak in public comment, they can speak in general public
comment.
Ms. Mendez: Perfect.
Chair Hardemon: But as the request for intervenor status, I take that as a motion basically, that
will be addressed at the time of the item being called.
Ms. Mendez: Okay. Thank you.
Mr. Otero: Okay. Phone Operator 4? I'm sorry.
Lowell Kuvin: This is Lowell Kuvin. I also have other people here who would like to speak
during the public comment section of this particular issue; not just people that are intervenors.
So they'd like to speak during the public comment section, please.
Chair Hardemon: Then they should. They should speak during public comment.
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Mr. Kuvin: Thank you. Thank you, Chairman.
Mr. Otero: Phone Operator 4, you're live.
Unidentified Speaker: They're coming back online, sir.
Mr. Otero: Phone Operator 4, do you have your caller on the phone?
Unidentified Speaker: The call was dropped, and I'm calling them back, with no response.
Mr. Otero: Okay. Thank you. Okay. We're done with the phone calls.
Chair Hardemon: Do we have any pre-recorded public comments?
Mr. Otero: Yes, we do. Do we want Kuvin Law to do their public comment first? We have 55
minutes of recorded public comments.
Chair Hardemon: How many minutes?
Mr. Otero: 55.
Chair Hardemon: 55. Okay. Yeah, so we're going to recognize the individuals for public
comment at Kuvin Law at this time.
Rachel Cardello: Hello. My name is Rachel Cardello. I live at 2175 Tigertail Avenue, and I'm
speaking on behalf of the Villa Woodbine issue. My property is within the 500 feet of the
proposed Villa Woodbine Project. I'm here to talk about two parts of the project. One is the
certificate of appropriateness; and the other, certificate of approval. In 1988 when the City
Commissioners designated this as an historic site — historically and environmentally needing
protection, because this site is an asset to the community, the City and the greater good; not
because it's going to benefit to an individual owner. So in terms of the appropriateness, the
villa itself is being overwhelmed by the proposed project. The school being proposed is about
eight times the scale of the villa -- and if I can show you this here. And then, in regard to its
compatibility with the neighborhood, a typical home in that area is about two to three thousand
square feet. The proposed school alone, the school building itself is 30,000 square feet. We're
talking about ten times the compatibility of the other neighborhood buildings. In terms of
Tigertail and Bayshore, Bayshore has been designated a scenic transportation corridor, and we
are being proposed by their school to have a pool, raised up about 15 feet from Bayshore and
20 foot back from Bayshore. On Tigertail Avenue, we're at about 19 feet from Tigertail Avenue,
with a building that's nearly 35 feet tall; certainly, overwhelming any of the properties on
Tigertail Avenue. The other issue that I have is that Tigertail Avenue should be treated as a
primary frontage, as it is for every other property on Tigertail, which is a 30 foot setback with
an 18-and-change-foot setback from Tigertail. It's absolutely inappropriate, the scale to the
context of the neighborhood. In terms of the environmental issues, in 2019, the Mayor and this
Commission declared a climate change emergency, and talked about things like redesigning
parks for urban reservoirs. We have an urban reservoir with the Villa Woodbine property as it
is. The climate -ready website that you have states that the goal is to increase trees by 30
percent, and says when it conies to open space, a connected system is a resilient system. So
here we are, a site designated for environmental and historic preservation, and in a city with an
environmental crisis, we're losing over half of our tree canopy. 1,000 tree widths are being
removed, and only 268 inches being replaced. That's 25 percent of the trees that are there. 65
percent of that site will become impervious to water infiltration. We're looking at potentially
destabilized soil, increased erosion and runoff reduced shade and cooling, exposure to forceful
winds, increased pollutants, decreased property values, and a less beautiful city. By the way,
those last statements I just made are listed in the Preservation District City as what needs to be
protected by the City on behalf of the community. There is nothing about this proposed project
that aligns with the goals of the City, the goals of the community, and I ask that you uphold the
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HEP (Historic and Environmental Preservation) Boards decision to deny the project. Thank
you.
Mr. Otero: We have one more caller that we were able to get on the phone, so Phone Operator
2, you're live.
Unidentified Speaker: Okay, go ahead.
Unidentified Speaker: Yes. Hello?
Unidentified Speaker: Yes. Go ahead. You're on with the Commission.
Hilda Viernes: Okay. Thank you. Yes. Hi. Good morning. My name is Hilda Viernes. I'm a
resident of Key Biscayne, and I'm a volunteer with Hermano de la Calle. And I've seen the
work that this. foundation does, and I do believe that if we can take it a step further, we'll do a
great -- it will be a great benefit. for all the homeless community in Miami. I think that it's great
that we are providing them with transitional housing, and I think that this is something that
should be considered as a step for them to get them out of the streets and bring back dignity to
all of these people that end up for one or another reason in the streets. They also need a little
bit of kindness, a hand that can give them — you know — some help and allow them to get out of
the hole that they ended up and give them a chance to have a better future. So I do support this
measure that is being considered, and I fully support the help that this will bring to all the
homeless in Miami. 1 do live in Key Biscayne. 1 don't know ifyou need my whole address. Its
199 Milton Lane, at Key Biscayne, Florida, 33149. Thank you for your attention.
Mr. Otero: Phone Operator 4, you're live.
Unidentified Speaker: Hello. You're live with the Commission, sir.
Luis Eduardo Gutierrez: Yes.
Unidentified Speaker: Please, you're live with the Commission.
Mr. Gutierrez: Okay. Good inorning. And as suggested, my name is Luis Eduardo Gutierrez. I
am a senior citizen and resident in the City of Miami. I live in Key Biscayne. I've been involved
since 2015 in a nonprofit organization, Hermano de la Calle. And we are feeding on the street
and feeding and helping people to get out of the street. The whole situation that we are
watching since four years ago is really a situation that we cannot avoid to realize that we need
to help these people on the street, and we need to today, an area where we can help these guys,
not only feeding them. They are human beings. Every soul count for us, and we need to reinsert
them to the society, so we have to do more than just feeding and help these guys. We have also
to take care of them and create transitional housing for them in order to reinsert them to the
society and to be a better person. That way, we are — the way where we feed, that way we are
(UNINTELLIGIBLE) to contribute with all the community if we start to reinsert these guys to
the society, and be a person that can work, start to work again, and start to be with their
families, it's a great, great thing that we can do in the (UNINTELLIGIBLE). So for that reason,
I'm really happy that you are planning to create these zones that we can — that way we can help
them and start to create a better community in Miami. Thank you very much, and I hope you
can do everything that's in your hands. Thank you.
Mr. Otero: Okay. That's the end of the telephone recorded comments. I don't know if Kuvin
Law has more public comments, Chair.
Scott Silver: Okay. Yes, I'm here with the Kuvin. group. We have approximately, six people that
would like public comment.
Mr. Otero: Chair?
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Mr. Silver: Yes.
Chair Hardemon: That 's fine.
Scott Silver: Okay. Yes. Scott Silver, 2980 McFarlane Road in Coconut Grove. I'm here to
speak specifically about the Historic and Environmental Preservation Board, the appeal by the
Carrollton group. We ask that you continue to deny that even though it's a de novo review. We
intend to come forward to provide evidence and testimony this afternoon at the hearing. But I
think what you need to look at here is detailed by the Dade Heritage Trust letter that was
provided with all of the objections that were raised, both on the historic and environmental
preservation. As to the historic component, what is being done is not just a question of
preserving the singular building. The development is overwhelming the building to the point
where it's almost invisible. The most significant portion as well is the Silver Bluff. It's been
designated by City ordinance as a protected component, and what they 've done is literally
covered it. It's as if you took the Freedom Tower, the Marine Stadium, and you wrapped it in a
wooden deck, and put a hole in it. That's literally what they did. They said that they're
preserving the Silver Bluff by covering it. And I think on that component alone — their pool deck
and those components, I think are to be — should be rejected, and the decision of the HEP Board
should be upheld. Furthermore, something that came up, the Southeast Regional Review. for sea
level rise is your new projections in December 2019, and the Army Corps of Engineers
announced their plan last — about two weeks ago regarding a $4.2 billion project for hardening
sea walls, flood walls, and 1 think those need to be considered significantly here. The main exit
for this property will be on Bayshore Drive. The projection for sea level rise in the next 30 to
40 years is anywhere from 21 to 34 inches in that area. And if you go on the interactive map,
which I urge that you do, you will see that that area is ground zero for it, in front of Kennedy
Park and along there. So Bayshore Drive is no longer an exit. You've got to consider that
significantly in this, and 1 don't think anybody's even come close to addressing that, so that's
something that needs to be reviewed. The Army Corps of Engineers plan for $4.2 billion, which
will take 20 years to implement, is not — doesn't --
Mr. Hannon: Sir, your two minutes have expired.
Mr. Otero: Sir, you're muted.
John Ewing: Good morning. My name is John Ewing. My wife Carole and I have lived at
2121 Tigertail Avenue since 1993. I live directly across from Morris Lane, which is on the
northeasterly border of the Woodbine property. Our home was built in 1922 and has been
designated a Florida historic home. We listened to all of the pro -Woodbine School speakers
this morning, and they spoke about the school and about the education. We're not against the
education. We are not against a school. We are against the location of the school. The school
itself is way out of scale with our neighborhood. There's a 35 foot building right against
Tigertail Avenue, which would impair our viewpoints, our views; there's a loss of tree canopy,
which is immense and will damage the entire Coconut Grove and our entire environment.
There's loss of pervious land. The land area will increase our local temperatures, winds, and
our ability to drain flood waters from the area. The taxes — there are currently 'bur properties
on this four -acre land that are paying property taxes. They will all be removed from the tax
rolls, and that's a huge loss to the City. The traffic on Tigertail and Bayshore are already
gridlocked two to four hours every day — every school day — due to the Ransom Middle School.
We have watched the traffic grow on Tigertail Avenue since 1993. And this gridlock happens
right in front of my home, where there are times I cannot even get to my house. The disgruntled
motorists are constantly U-turning on my property, ruining the grass in my front yard. This will
only — this school will only exacerbate that problem.
Mr. Hannon: Sir, your two minutes have expired. My apologies, but your two minutes have
expired.
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Derick Ferrao: Good morning. My name is Derick Ferrao. I live at 3530 Rockerman Road,
which is about three, four hundred feet from the proposed school. We are opposed to the
building of the school. The impact of the location as a school will impact traffic many times
over. The other concern is when they come in later on for an increase of student count — to
increase the student count, then the traffic will be multiplied even beyond that, and it'll just
make it untenable to live there. Parking will be another problem. We have a problem on
Rockerman Road with the parking from the park, and this will be many times over the problem
with the school, as well. Coconut Grove is a very unique location in the City of Miami and in
Dade County, and it has a tree canopy that is very unique. With replacing one tree — they're
talking about replacing many trees but replacing one tree will take a thousand men and women
to carry out, and they'll replace it with a tree that a child can bring in and be planted. So a lot
of the trees have been there for many, many, many years. We in the Grove are a silent majority,
and we want our voices to be heard. We feel that this is an issue that we feel is important to us.
Thank you very much.
Isaac Kodsi: My turn?
Unidentified Speaker: Yes.
Mr. Kodsi: Can I speak?
Mr. Hannon: Go ahead, sir.
Mr. Kodsi: Okay. Hi. My name is Isaac Kodsi. I reside at 2131 South Bayshore Drive. I
share 475_feet with this property from South Bayshore almost all the way to Tigertail Avenue.
Clearly, I will probably be one of the most affected residents in all Miami pertaining to this
project. I haven't — in the last three months, in light of this coronavirus and the pandemic and
sitting at home and looking at all the tree canopies and appreciating, and in light of our
situation that we went through, the benefit of having a tree canopy protecting my property,
protecting — having clean oxygen has been extremely important. Again, I'm reiterating what
many people have said; that this property -- or this project is just in the wrong location; not
objecting school, not objecting education. I'd also like to say that I and my wife, my oldest
daughter, are alumni of Carrollton. I currently have a daughter that is a — enrolled at
Carrollton. My nieces and my entire family have gone to Carrollton, so I'm very proud of the
school. I'm a proud Carrollton father. But again, this is just a wrong location for this
particular project. And thank you. My name is Isaac Kodsi. Thank you.
Rose Pujol: Good afternoon — or good morning, I should say, Chairman and Commissioners.
My name is Rose Pujol. I live at 2455 South Bayshore Drive. I've had that property since
1984. I'd like to point out the big elephant in this room, and that is the fact that we are in a
situation due to COVID where this economy is in a free fall. And we're not taking into account
the consequences that — not just the impact on climate change this property will have, but the
impact this property will have in terms of revenue to the City. This is another property that
comes off the books. We have — just in the Grove, we have over 13 private schools, and they
total over — close to 250 million in assessed value. That is — you're talking about public
services that now the City and the residents cover that burden. So we're looking at a situation
which it may be a wonderful school; it may be not an issue of education, but location. But I
think that there are repercussions here that must be addressed, and not just what's in front of
our eyes for the next year. I'd like to also mention the other — mention — the other item that I
would like to mention is that every Commissioner and their district is the first in line when
there's disaster relief and needs those funds. Okay? And to sit there and absolutely take a
property that has historic and environmental protection and say, "No. We're going to put in
100,000 square feet of footprint, of new construction" — it's actually 104, 000 plus — "we're
going to rip out 26" -- Of the 66 species trees, they're leaving 26, which, by the way, is another
point that I'd like to make; that their documents in their application does not coincide with the
testimony that they are giving at any of the hearings. Thank you very much. Rose Pujol.
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Mr. Hararaon: Thank you.
Lowell Kuvin: Yes. Good afternoon — or good morning. My name is Lowell Kuvin. My office
address is 17 East Flagler Street. My home address: 1861 Northwest South River Drive. I've
been a resident of the City of Miami for my entire life. This particular project is not proper in
this particular location. Nobody here is against education. I'm not against education.
However, when they talk about that it has to be put in this location, they haven't stated a single
reason why it has to be in this location. There are many properties throughout the City of
Miami that are vacant. There are neighborhoods that would basically be promoted or be
enriched by having such a school in their neighborhood. But there isn't any reason why this
particular school needs to be put on this particular piece of property. The market for young
boys going to a middle school is already being serviced by the school right next door, which is
Ransom. So I'd just like to say that I would think that the Commissioners would ask that
question and to say, "Why this particular location? Why not some other location in the City of
Miami?" and to help enrich other particular neighborhoods in the City of Miami with this
school, with --, from Carrollton. Thank you very much. And I don't believe we have anybody
else, from this location, so thank you very much, and we'll turn it back over to you, Mr. Clerk.
Chair Hardemon: Do we have any --? Oh, we can move into our pre-recorded now.
Mr. Otero: Yes. Please start playing the pre-recorded public comment.
Unidentified Speaker: Okay. So here's the game plan. We have a 2 o'clock. Are we going on
at 2 o'clock or not?
Unidentified Speaker: (UNINTELLIGIBLE), 2675 South Bayshore Drive. Woodbine School,
Carrollton Woodbine. I'm against it; too much traffic. It's just going to add more traffic.
Density over there is enough where coming home from work or going to work, Bayshore Drive
is just bumper to bumper all the way in, and this will just add to it. The other factor is the
beautiful trees. The scenic look from the street will be changed tremendously, and it's just
something that the area does not need. Carrollton has already a school. I understand they
want to add, but just not the right place. Thank you.
Andrew Fisher: My name is Andrew Fisher. I live at 2675 South Bayshore Drive, Apartment
603S. I am calling about the Carrollton Woodbine School proposal, and I am against the
development of this project. I believe that the traffic considerations will overwhelm the
neighborhood further than they're already burdened. Thank you very much.
Ms. Javelly: Hello. We are two voters who stand strongly against putting a school at Villa
Woodbine. Our name is Mr. and Mrs. Javelly; 1 Grove Isle Drive, Coconut Grove, Florida
33133. Please do not add any congestion to Bayshore Drive. Just try to imagine how that
tragic would back up in the morning and in the afternoon. It would be horrendous. Do not
build that school or you will lose our votes for any and all future elections.
Michelle Garrett: Greetings, Miami City Commissioners and the Miami community. This is
Michelle Garrett Vegas of 6727 Old Banyan Way, Naples, Florida. I'm calling today and
leaving a message in strong support of Villa Woodbine. As a graduate of Carrollton, I am the
person I am today because of the rigorous education, guidance, and their focus on fostering the
best in the whole person. I do visit Coconut Grove often as I have friends and relatives that live
there. I strongly encourage the Commissioners to vote `yes" on Villa Woodbine as the
community will only be enhanced with boys growing and learning in the Sacred Heart tradition.
The strong foundation I received is priceless. Due to the pandemic and people now working
more at home, the traffic concerns have fortunately been reduced by a change in workplace
settings. For this reason, I humbly encourage you to vote `yes" on Villa Woodbine as it is a
win/win for the boys, our future leaders and Miami, one of the best places in the world. Thanks
for your time.
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Dan Brown: My name is Dan Brown. I live at 2 Grove Isle Drive, Apartment 1406 in Miami,
33133. My comment has to do with the Carrollton School, which is on the agenda. As I said,
I'rn a resident of Grove Isle. We have approximately a thousand residents on Grove Isle. Our
entrance and exit to and from Coconut Grove from Grove Isle is either using Tigertail or South
Bayshore; both of which, at least prior to COVID-19, during the morning and afternoon, has
been bumper to bumper, even without the Ransom School's traffic. Add the 500 students, with
more to come that would attend Carrollton School, and you have use of a greater number of
cars on both South Bayshore and Tigertail, and that would be a traffic disaster which will affect
Grove Isle residents more than any other complex in Coconut Grove, because of our number.
Please do not permit this school to be built. Thankyou very muck Bye.
Ronald Canizares: Hi. My name is Ronald Canizares. I live at 2 Grove Isle Drive, Apartment
1805, Coconut Grove, Florida 33133. And I'm calling about what I believe is PZ (Planning and
Zoning) Number 8 and PZ Number 9, with regard to the construction of the Carrollton School.
And I am vehemently against it. We are going to have terrible traffic problems on South
Bayshore Drive. It's already very difficult as it is. And so, I just want you to know I am
absolutely dead against it, and I hope that you will reflect the views of myself and of my
neighbors. Thank you.
Tom Jones: Hi. My name's Tom Jones; address is 2120 South Bayshore Drive. I'd like to
comment on the proposed school to be there at the old Woodbine estate. I oppose this. Just the
traffic. The traffic is horrible during morning and afternoon hours at the Ransom Everglades
School there on the corner of South Bayshore and Emathla Street. There's cars lined up on both
sides of the road. A lot of times, you can 't get down the road. You have to turn around and go
back. Other times, at the end of the road, when you get to Tigertail and I want to turn left, I've
got to go so far out into the lane to he able to see around the cars parked on the shoulder of the
road that I've almost gotten in an accident more than one occasion. So this is just, just
ludicrous to put a school on South Bayshore with everybody lined up on South Bayshore, parked
in the park there at Kennedy Park, taking all the parking spots. No. No. 1 just — it's not going
to work. 1 felt this was defeated a couple times. I don 't understand why they keep — why they
can keep appealing. I mean, what are they going to do; just appeal it forever until they wear us
down? 1 mean, this is ridiculous. I mean, please, my vote is absolutely "no" on putting a
school there and all the traffic headaches. And no matter what they say, there's no way they're
going to avoid that. And I invite them to go try driving down the street when the Everglades
Ransom School there on Bayshore and Emathla Street is let out and they can see exactly what it
is there, and on Tigertail, with everybody parked on the shoulder of the road, impairing traffic.
Thank you.
Unidentified Speaker: (INAUDIBLE) because more of the open surface will be taken away.
Isn't this enough by itself? Really? This is normal flooding at Morris Lane. This is a recent
picture of just some rainfall; not even a hurricane, nothing special. This is new for me, too. It's
getting worse every, year. The water has nowhere to go. And I cannot get to my house or leave
without wading through five inches of water. Can you please vote against another school just
jor the sake of us in this cul-de-sac; just for the sake of our neighborly people that need
ambulances? And please, no more flooding in Morris Lane or anywhere else. You know what
I'm talking about. Thank you, and I hope you vote in the right way.
Richard Steinbook: Yes. Hi. This is Dr. Richard Steinbook at Grove Isle. I would like to
implore the Commission to not give the okay to the Carrollton School to build a huge school at
Villa Woodbine area. It will tie up traffic. It will tie up any emergency vehicles. It will tie up
all of the in and out from Coconut Grove. I think it would be a very bad decision. Hopefully,
you will not allow it to happen. Thankyou.
Marisol Patton: Hello. My name is Marisol Patton. I own the property at 2120 South
Bayshore Drive. I'm the only house across the street from the proposed Carrollton Villa
Woodbine Project, which is what I'm calling about. I am deeply, deeply opposed to it. I
already have the park to my left and Ransom to my right and there's traffic and cars everywhere
and I have a very nice waterfront home; it's worth millions of dollars, and it's completely unfair
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to put a school in front of my house when I already have another school and a park. And I know
that pretty much every neighbor down the canal on Rockerman where I live is opposed to it, and
they're not even — you know — right in front of this property like I am. So, yes, I'm voting "no,
no, no, no, " and definitely, "no," absolutely not. I do not want Carrollton Woodbine School put
across the street from me. Thankyou.
Joyce Nelson: This is Joyce Nelson, resident of Coconut Grove since 1974. I live at 2535
Inagua Avenue. I'm calling in reference to PZ. 1 and PZ.2. Carrollton's proposed school for
336 boys and 50 staff members does not reflect or blend into the existing neighborhood. It is
eight times the size of the historic Villa Woodbine, and overwhelms our single-family residential
neighborhood. It requires moving over 60 percent of the trees at Villa Woodbine, destroying a
unique and lush tree canopy. It will create significant traffic burdens. It will have a negative
impact on our quality of life. Approval of this project would clearly grant special privileges to
an individual owner at the expense of the protection of public welfare. I urge the Commission
to make the right choice and vote "no" for all the residents of the City of Miami. Thank you.
Sheila Boyce: Hello. I am Sheila Boyce. I live at 2699 Tigertail Avenue, Apartment 54, in
Coconut Grove. I am calling regarding Agenda Items PZ.1-6981 and PZ.1-6982. I oppose the
approval of Carrollton's Woodbine School at Villa Woodbine. I have lived in the neighborhood
around that property. for over 20 years, and have watched as traffic has increased to become
completely jammed during the extended rush hours in the morning and afternoon/evening. This
is worsened in part by the Ransom Everglades School traffic on Tigertail and Bayshore. The
new school will add hundreds of cars every morning and afternoon, creating an additional
bottleneck that will slow traffic even further, and will encourage cars to cut through the
surrounding residential neighborhoods. In addition, it is an inappropriate density for the area,
and will destroy precious green space covering 65 percent o_f the site. This property is not the
right place to build a school. Please vote "no." Thank you.
Adrienne Peters: Hello. My name is Adrienne Peters; 3803 Irvington Avenue, Miami, Florida.
I live in the South Grove, and I am calling to say that 1 am against the expansion of Carrollton
at Villa Woodbine. We have so much traffic now because of all the private schools, and I am
against any type of growth in this area. If they want to go out somewhere else and build onto
their school and have two campuses where there's more space, then that's — they should do that.
But please do not build any more schools in Coconut Grove that create traffic jams unless
they're for the Coconut Grove children; if they are public, not private. Thank you.
Ana (UNINTELLIGIBLE): Hello. My name is Ana (UNINTELLIGIBLE). I live in 2132
Tigertail Avenue, Miami, 33133. I am calling regarding the new proposed Villa Woodbine
School Project. I believe this project to be inappropriate for our community and the space it is
in. In terms of preservation, the neighbors of Coconut — North Coconut Grove like the natural
feel of our community, and have expressed their rejection to this project. This is a private
school that serves a specific niche, and we do not feel we need any more private schools in our
community at this time. There is — you know, the only justification I can think of is as a
business, the, financial justification for the owners of the school. But in terms of our community,
I do not think it serves any benefit. And on the contrary, I do see many problems associated to it
with — in terms of preserving the silence, the animals that are there, the birds and the peace
basically that we have, and that we cherish in our community. This would only — on top of all
this, this will also deprive the City from taxes collection of what — you know — other things that
could be there — you know — being a school, that whole lot wouldn't be taxed. I think it's very
important to know that this lot is sandwiched between single homes — you know — residential
space, and all the neighbors have rejected this. Thankyou very much.
Rosi Rosell: Hi. My name is Rosi Rosell . I am the editor of the newspaper, Calle Ocho News.
I am recording this message so that the City can consider doing for Calle Ocho what it did for
Miami Beach. We would like for the City to work closely with FDOT (Florida Department of
Transportation) to make it possible for restaurants to be able to serve people in the parking lane
on the north and south side of Calle Ocho, wherever there's a restaurant available. I spoke to
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several business owners in Miami Beach, and it seems to be working out very well for them.
The businesses on Calle Ocho are suffering enormously. They thrive on tourism, and if we
don't do something to help them quickly, we're not going to have a Calle Ocho to brag about
pretty soon. Please take this into consideration and make it possible for the businesses on Calle
Ocho to be able to do what the businesses in Miami Beach are doing, as well. Thank you for
your kind consideration. Have a great day.
Eva Junco: Hello. My name is Eva Junco. We live at 3531 Vista Court. I'm speaking in
reference to Carrollton Woodbine School at Villa Woodbine. Good evening. My name is Eva
Junco. Our family has lived on Vista Court for the past 10 years. First off, I want to say that
we are opposed to the location Carrollton has chosen for their all -boys school at the beautiful
and historical Villa Woodbine. As a home -schooling family, we are defenders of school choice.
The question is not whether or not Carrollton should have an all -boys school, but rather the
location they have chosen. Living on Vista Court, South Bayshore is our main street to get in
and out of the Grove. We already deal with the heavy traffic in the morning and afternoon with
Ransom Middle School and La Salle. Carrollton would add to the already heavy congestion on
Bayshore and Tigertail. My husband, who works in the medical field as an orthopedic trauma
rep, needs South Bayshore to access 1-95 to Jackson main, UM (University of Miami) Hospital,
or head down to Jackson South Hospital. He already experiences heavy traffic because of La
Salle High and Ransom Middle School; not to mention the surrounding schools on Main
Highway. You may think being home-schoolers our family is not affected, but you would be
wrong, as one of our high -school -aged children attends MDC's (Miami Dade College) Padron
Campus as a full-time dual -enrollment student. The traffic to access 22"d 27', or 17t' Avenue
would be compromised and make our commute worse than it — what it all — what it currently is.
The heavy traffic already affects our afternoon extra -curricular activities. I would also like to
mention that the property is directly in front of Kennedy Park and its parking lot. Carrollton
School would only be adding to the vehicle and pedestrian challenges we already encounter.
We beg you, Commissioners, to please vote against the prematurely named Woodbine School of
the Sacred Heart. Grove residents do not want it. Thank you.
Alan Noel: Hello. My name is Alan Noel. I live at 2132 Tigertail Avenue. I'm calling in
reference to Carrollton's Woodbine School at Villa Woodbine, Items PZ.1-6981 and PZ.2-6982.
The proposed school does not even meet the most basic of common sense. That is evident. It's
location, the scale, the impact on traffic is dangerous and will cause irreparable harm. Mercy
Hospital, as we all know, is only a couple blocks away and already suffers because of the
horrible traffic conditions. The reality is that from the beginning, as we've all seen, this meets
just the interest of a private business pushing their particular interest, and not much in terms of
public community service. This has been evident up till now, (UNINTELLIGIBLE) the school's
approach, hiring almost exclusively paid professionals to make their case and fiirther their
goals. Thank you very much.
Amber Kraft: Good morning. My name is Amber Kraft, and I am providing my comment to
offer suggestions for the use of budgetary funds to implement effective training and
accountability practices within our local law enforcement agencies. Officers are not provided
with the proper training and resources to do their jobs effectively. It only takes an average of
18 weeks to complete a law enforcement training program in the US (United States), whereas in
other countries, it takes three years; some requiring a degree that is equivalent to a bachelor's.
Our officers need to be educated, not simply trained for a few months like you'd train an animal.
Another issue that needs to be addressed is the tactics used for engagement and apprehension.
Our officers are not properly trained in this area. When apprehending a suspect, many officers
panic, overreact, and use unnecessary excessive force. Law enforcement programs should
include Brazilian jujitsu. It has been proven that the skills and strategies used in Brazilian
jujitsu will prepare an officer for the safe and effective apprehension of suspects. Police
departments in Marietta, Georgia have just recently made Brazilian jujitsu training mandatory
for all its officers. Accountability is another concern. As a Miami -Dade County public
schoolteacher, I know a lot about accountability. MDCPS (Miami -Dade County Public
Schools) and its teachers have to constantly prove their effectiveness to the communities they
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serve. Something similar should be used in law enforcement. Each officer should have to prove
their effectiveness in order to keep their job, just like teachers do. Police departments should
also have to prove their effectiveness to the community, and should be graded in the same way
that public schools are. Department and officer ratings should come directly from the
communities they serve. Community members should be provided with quarterly opportunities
to take surveys and rate the local police departments and its officers. Even people who are
arrested should be able to fill out a survey to report on the way their arrest was handled. And
as they say, where there's smoke, there's fire, and if particular officers' names keep coming up
with similar negative responses then there's likely a problem, and it should be addressed early
on. There will be no way to brush negative comments and reviews under the rug if a community
review panel is created to oversee anything regarding accountability. These people should be
randomly selected members from each community; something similar to —
Steven Schnably: Hello. I'm Steven Schnably, professor of law at the University of Miami;
1311 Miller Drive, Coral Gables, Florida. I want to highlight the strong opposition of the
ACLU (American Civil Liberties Union), Southern Legal Counsel, the National Law Center on
Homelessness and Poverty, and at least seven other organizations to the proposed bill
regulating food sharing. As their letter points out, the proposed bill, though not framed in these
terms, could well operate as a ban on food sharing throughout all of Miami. Further, this
would hit very hard on a group of people who are disproportionately black, disabled, and
elderly. The bill would also violate the Federal and State constitutional and statutory rights of
the charitable groups providing food to people who are homeless. 1 want to make two other
points. The first is that the City has failed in its duty to assure an adequate supply of affordable
housing for all of its citizens. In addition, throughout all of Miami -Dade County, there are at
least a thousand more people who are homeless than there are shelter beds. People living on
the streets literally, have no other place to go. They are not there by choice. Second, the public
health concerns that have been cited as justifying this bill could easily be handled in a different
manner. The City could -- wherever there are large encampments of people living on the street
-- provide an adequate number of trashcans, adequate port -a -potties, and handwashing
stations. It has not done so. Providing adequate sanitation and other health services to those
with no choice but to live on the streets would be a compassionate approach, consonant with the
dignity of all the citizens of Miami, including those who are homeless, and would address the
public health concerns in a constructive manner. I hope the City Commission will take that
route and reject the proposed bill. Thank you.
Debbie Dolson: Debbie Dolson, 4205 Lennox Drive, Coconut Grove, Florida. I'd like to
comment on Agenda Item PZ.8 and PZ9. In Coconut Grove we have a Zoning Code that
provides for the preservation of its historic structures; natural features, such as the tree canopy
and green space, and its unique geologic features. It also states that property shall not be
configured in any way that destroys green space, landscape easements or road configuration
that contributes to the character of the subdivision within the area. Villa Woodbine is an
example that combines all of these elements. This appeal seeks to violate not just one element
but all that I have just mentioned. Enforcement of our city codes is a topic often discussed at
Commission meetings. Here is an opportunity for our Commissioners to stand up for the City's
goal to protect our community from the invasion of a project that will change the future of this
area forever. I urge you to deny this appeal. I would also like to comment on FR.2. One of the
provisions of FR.2 is to require a super majority vote for historic designation. This will set a
more challenging standard in order to achieve historic designation and will potentially cause us
to lose even more of Miami's important history in every single district. I urge you to delete this
provision from the ordinance. Thankyou.
Nirmal Tripathy: My name is Nirmal Tripathy. 1770 Espanola Drive, Miami, Florida 33133.
I'm calling to leave some comments about the Carrollton Woodbine School that's supposedly
coming up at Villa Woodbine. I do want to register that I'm completely against this; the reason
being, we already have one large private school not too far from where I live. And I can tell
you, in the morning and the afternoon, it's an absolute nightmare trying to go on Tigertail or
any of the surrounding streets. To pop in a second large school in such close proximity, to me,
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is just a disaster. We don't have the infrastructure. We don't have the road system to support
it. Frankly, I don't see the need. Coconut Grove, of course, you know, is a green area. We
would like to keep it that way. Putting the school down in the middle of a residential area is
going to kill the green space, and I think it's just an ill-conceived move. And my wife and I are
15-year residents of the Grove, and are completely against this. I hope you'll do the right thing
and vote against this development. Bye-bye.
Steve Phillips: My name is Steve Phillips, 4020 Woodridge Road. I'm calling in to speak about
PZ.8 and 9. The traffic impact has been widely discussed, and it is unacceptable. Furthermore,
this school would be detrimental to property values in that particular neighborhood. Further
adverse impact on the residential neighborhood character already in existence. Be aware of the
expansion creep the existing Carrollton facility on Main Highway has gone through over the
years. Don't get me wrong. I'm the father of kids that attended Epiphany, Lourdes and Belen.
Bottom line: The South Bayshore location is simply not suitable for this type of institution and
needs to consider another location. This is truly a neighborhood issue, and I trust and hope that
the Commissioners will have listened to the residents and taxpayers in that specific
neighborhood, as well as the surrounding communities. Thank you. We will remember how you
voted when we vote.
Debra Castro: This is Debra and Rolando Castro. We are residents of Coconut Grove. We
live and work in the Grove. Our daughter attends Carrollton School of the Sacred Heart, and
we are calling in reference to the vote to approve Villa Woodbine as an all -boys school in the
North Grove. We live at 3683 Hibiscus Street, adjacent to the school. And we have found that
they are an added benefit not only for the historic restoration of El Jardin. Their educational
high-grade level opportunities for young girls in a diversified environment, and that their
attention to detail in the environment and climate is of the utmost importance for Coconut
Grove. We know that in the North Grove they will see all the added benefits that are prevalent
in the South Grove. We ask you to vote `yes" on this ruling. Thankyou.
JB Diederich: This is JB Diederich here in the Grove at 3758-60 Frow Avenue. I want to thank
Commissioner Manolo Reyes for pushing for Chapter 23, Miami 21, historic designation, to
give us 60 days rather than 50 days. As you know, we had to really scramble the last time we
were designated historic against our will. So I wanted to thank you very much for making the
effort. I think the next thing that I would suggest is getting rid of the thematic designation and
start making a bigger effort to get rid of all the fees that we must pay you guys. The Mayor was
kind enough to grant us a break from the fees, but it would be wonderful if that worked for
everyone, because it's not cheap. Anyways, as you can see, the house is beautiful. Still working
on it. Still will and always will. Thankyou.
Jon Ewing: My name is Jon Ewing. I live at 2121 Tigertail Avenue, Miami, Florida 33133.
305-788-6589. Calling in reference to the Woodbine School issue. I'm opposed. I feel that the
project is too large for the City, for the area that it's located. I feel like it's taking out too many
of the trees, which is going to create increased temperatures and poor gurneys, increasing
flooding. I feel like the traffic is going to become untenable. The traffic on Tigertail is already
gridlockedfor two to four hours a day when Ransom Middle School is in session with all of the
parents dropping their kids off and picking them up later. The project — the City of Miami — or
the Village of Coconut Grove does not — the kids that go to the school will not be from Coconut
Grove. They would be from other areas, Coral Gables included. And they'll be coming to the
school by vehicles, their parents' vehicles, and creating more traffic. We don't need an
additional private school in the Coconut Grove area. We already have many, many, as you
know. And the size of the project is way out of scale for our residential area. Please reconsider
and do not allow this project to go forward. Thank you.
Gary Gross: Gary Gross, 2437 Tequesta Lane, Miami, Florida 33133. Calling about
Carrollton Woodbine School at Villa Woodbine, Items PZ.1-6981. Please, please vote against
this debacle. We have too much traffic already. We need the canopy, and it is overwhelming an
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already overwhelmed system. Please vote against this development. Thank you very much. My
name is Gary Gross, and I vote.
Karl Muench: I am Dr. Karl, K-A-R-L, Muench, M UE NC H. I live at 1699 South Bayshore
Lane, and have lived there in the house that I built and own for 43 years. I oppose the school
because of its effects on green space, traffic, and flooding. I feel it is against the best interests
of the neighborhood and the City in general. Thank you.
Anyltha Muench: Hello. My name is Anyltha Muench. My address is 1699 South Bayshore
Lane, Coconut Grove, 33133. And I am calling about the Villa Woodbine School proposal.
And my husband and I are totally against this, because there is just too much concrete and
fewer trees reduces the water absorption and aggravates our flooding at Kennedy Park and at
our home neighborhood between South Bayshore Drive and the bay. Please Commissioners
vote "no." Stop this project; not to mention the traffic also. It's — we already have the Ransom
Middle School, and we just can't have -- our Kennedy Park will be also, I know, used and
overrun by the students of this school. And that Villa Woodbine property is much better used
the way it has been by — for parties and other events, but not to build any more concrete.
Cynthia Seymore, who I respect and admire, has said the — one of the reasons why we have so
much flooding is because there's too much concrete being built on many lots and the lack of
trees. And I have a biology background even though I'm. a CPA (Certified Public Accountant)
now. I know that the removal of all the trees that are planned to be removed with this project
would he very detrimental to our neighborhood. Please, please listen to — and also, we know
the person, the family that actually built Villa Woodbine as their home and —
Pablo Pulido: Hi. My name is Pablo Pulido. I'm the owner of 2838 Brickell Avenue, Miami,
Florida 33129. I am leaving a message for the Woodbine School. 1 support the project, and 1
would like to record that. Thank you very much.
Eli Haydock: Hi. My name is Eli Haydock. I live at 1617 Tigertail Avenue, and I'm submitting
this recording to the City of Miami Commission in reference to Carrollton School wishing to
have a boys' school at the regarding property. There's a lot to consider for this project. I'm
more curious as to why the applicant didn't go to PZAB (Planning, Zoning and Appeals Board)
first to make sure that the use could be changed to a school. And I — my recommendation or
request to the Commission is to delay the decision on this and ask the applicant to please go
through the PZAB process so that its use can be considered before the HEP Board appeal. I
think it's necessary to get all those components on the table and decided in advance. Thank you
very much.
Nathan Kurland: Nathan Kurland, 3132 Day Avenue, Coconut Grove. Commissioners, I've
had a busy day. I finished three books and let me tell you, that's a lot of coloring. As Vice
President of the Center Grove Neighbors Association, I have been asked to speak in passionate
opposition to PZ.1 and 2, the Carrollton Woodbine School. There are so many reasons to
object this proposal it's difficult to know where to begin. One, the proposed school lacks
compatibility with the existing single-family neighborhood; two, the proposed school will
increase traffic along an already traffic -choked Bayshore Drive and Tigertail Avenue; three, the
proposed school seeks to remove over 100 — let me repeat — over 100 trees, an incredible
irreplaceable loss to our tree canopy; 'bur, the proposed, quote, "nonprofit," unquote, school
will subtract additional millions of dollars from our tax rolls, placing additional burden on the
taxpayers. Finally, as Commissioners, you should recognize that this is a community issue, and
it's galvanized Coconut Grove residents. We oppose another private school which offers little
benefit to our community of diminishing our quality of life. Show us by rejecting PZ.1 and 2
that even during these challenging times, quality of life issues matter. Thank you.
Paula Brezayscek: Hi. This is Paula Brezayscek. I am a resident of Coconut Grove, 2845
Coconut Avenue, Unit 3. I also am a business owner, 3444 Main Highway. The allure of the
Grove is the natural fauna and the green spaces are important. By taking away this many
acreage, you are going to have a significant impact on natural life. If this proposed change will
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happen, I do think that you should at least increase your green rooftop space, because I am an
advocate of more green space and preserving the Grove for what it is; not having it become
more city.
Darren Koski: Hello. My name is Darren Koski. I live at 1320 Southwest 20t1z Street. I'd like
to offer a comment on Item 6528. My comments come both as a resident of the area, close
enough to be directly affected by this decision, and as a parent and a former student of Village
Montessori. I strongly object to the development of a school of any size at this location,
especially one whose proposed footprint will encroach into our neighborhood and tear down
two single-family homes. I'm supportive of the development along Coral Way, and as a resident
here, enjoy walking the shops and businesses on 22' Avenue. The school, however, brings a
unique set of issues that other businesses do not. I'll briefly make three points. The first is
crime. I personally had my vehicle broken into while picking up my daughter at the current
Village Montessori location. In speaking with the officer who took the report, they mentioned
that daycares and schools were often targets of smash and grabs as thiefs [sic] knew that people
would leave valuables in their car while running in or out. This is certainly held to be true. I
live directly across from Coral Way K through 8 and have witnessed the broken glass aftermath
of vehicle break-ins several times. We have enough problems with theft in this neighborhood
and do not need to invite any more. The second is traffic. There's already a major issue with
traffic during pickup and drop-off for Coral Way K through 8. The officer on site has done a
great job with keeping things moving, but I simply can't imagine what's going to happen when
the parents of 186 students at Village Montessori leave the proposed drop-off, turn north
directly into Coral Way K through 8 traffic, 200 yards away. As with their current locations,
the parking lot will get swamped with everyone arriving at once, and those that can 't get in will
disperse into the neighborhood to find parking on swales, lawns, and private driveways. Lastly,
I'll say that I've seen numerous accidents at the intersection of 13th Ave. and 20th Street, as well
as vehicles getting hit trying to cross Coral Way, going south on 13' Ave. These are already
dangerous intersections and adding all this extra traffic with drivers needing to navigate their
way out of a residential neighborhood is a bad mix. Please continue to develop Coral Way with
shops and restaurants and parking garages, or whatever is needed for those businesses to
thrive, but a school in this location simply doesn't fit. Thank you.
Jean Anne Davis: Good afternoon. My name is Jean Anne Davis. I'm calling on behalf of
myself and my husband, Leo Rittenberg. Our address is 3013 Kirk Street, Coconut Grove,
Florida. I'm speaking in respect to Items PZ.1-6981 and PZ2-6982. I'm in opposition to these
items. I live a few blocks from the site where the trees are supposed to be torn down, where the
traffic is already unbearably congested during normal times, during pre-school and post -school
hours, creating a safety hazard, creating congestion, creating pollution. It's sort offolk wisdom
that a family should have no more children than it can feed and raise safely, and in a healthy
manner. Our community has many more schools than it can safely support. So please take this
under consideration. Thank you very much.
Ariel Kaufman: Hello. My name is Ariel Kaufman. I live in 3757 Carmen Court in Coconut
Grove. I am a physician that currently work at Mercy Hospital, and I've been working there for
many years. I'm a urologist, and I take calls, including emergency call for Mercy Hospital, and
I can relate to you that during the past years, there have been heavy traffic around South
Bayshore Drive, part of which is related to the presence of Ransom School there. There are
some medical emergencies, like stroke, heart attack and others where two or three minutes can
make a difference between life and death for the patients. There are a lot of patients and
workers at Mercy Hospital that depend on the South Bayshore Drive clear of traffic, or
reasonably, clear of traffic to get there. And many people who live in Coral Gables and Coconut
Grove get access to Mercy Hospital through South Bayshore Drive. We who live in this
neighborhood know how difficult it is, and it has become to drive through that area and it is not
convenient at all for the sake and health of people who live and work in that area to have
another school that's going to create more traffic problem situation, and that needs to be
addressed before making any decision. I really appreciate. If you need any other suggestions,
I'll be happy to assist you. Thank you very much.
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Judith Kramer: This is Judith Kramer. Address: 2669 South Bayshore Drive. Telephone
number: 786-475-9089. I'm leaving a message in reference to the Villa Woodbine item; PZ.1-
6981 and PZ.2-6982. I am not in favor of adding any more traffic or schools in the
neighborhood. We already suffer from congestion and inconsiderate drivers that don't stop at
the lights for pedestrians. We need less traffic on South Bayshore and Tigertail, not more.
Please consider the residents that live in this neighborhood and pay taxes and walk, and enjoy a
peaceful neighborhood. We do not need more traffic. We do not need the school. Again, Judy
Kramer, 2669 South Bayshore Drive; 786-475-9089. Thank you.
Jennifer Geer-Diez: My name is Jennifer Geer-Diez. My address is 3640 Royal Palm Avenue
in Coconut Grove, Florida. I called to address comments on the Woodbine Project. I am 100
percent for the Woodbine Project. I do not believe that the pass -through traffic will affect any
more than what Ransom currently affects, or what the effects of the traffic would be as a result
of the buildings that are being erected on South Bayshore Drive. I ask you to consider
Carrollton's history and preservation of historical monuments and buildings, and their desire to
maintain the integrity of the plants and, foliage and really preserve the true meaning of the Villa
Woodbine and what it means to South Florida with respect to the community. We need an all -
boys school with regards to this age group, and we feel that it would benefit the community not
only presently, but in future generations to come. Thank you so much, for your time.
Arlene Assalone: Good afternoon. My name is Arlene Assalone. I live at 42 Southwest 31 n
Road, Miami, 33129. I am calling regarding Carrollton Woodbine School at Villa Woodbine,
Items PZ.1-6981 and PZ2-6982. My comment is in the opposition of the school at that location.
There is already way too much traffic in our neighborhood, and most especially in the mornings
and afternoons. That's the peak traffic times when people are trying to take their kids to and
from the schools that already exist within Coconut Grove. Most importantly, Tigertail and
Bayshore both get backed up with parents in long lines waiting to drop off their children at
Ransom Middle School, which is located just a couple doors down from the property where this
Woodbine School is proposed. In addition to the increased traffic pattern, which I'm not certain
that the neighborhood would be able to withstand, I don 't think that in this historically
designated site it will accommodate the footprint of the plan that they have in place for the
school. It's taking up way too much of the green space and knocking out trees that are existing
— are an existing part of the Coconut Grove canopy. I and my husband are wholeheartedly
against this school in this location. Coconut Grove does not need another school, especially a
school where they will not be paving any taxes or anything that will benefit our community.
Please say "no" to approving this school at Villa Woodbine. Thank you.
Gerald Cortese: Yes. This is Gerry Cortese. Address: 15860 Northwest 14' Road, Pembroke
Pines, Florida 33028. This is regarding the public comment. This is regarding the commission
for Carrollton School to build a school at Villa Woodbine's space. I'm begging you to please
not do this. The infrastructure cannot handle that, whether it be traffic or the trees or the
sewage or the storm sewage, and with the other schools in the surrounding area, it's just not a
possible thing to do in a heavily populated area that again is already — it has plenty of traffic,
and for the residents there, it would be horrible. So, please, I beg you not to do this. Thank
you.
Jorge Lopez: My name is Jorge Lopez. Our address is 1889 South Bayshore Drive. I am
commenting on the application related to Sacred Heart School for Boys at Woodbine.
Honorable Commissioner Russell, which is our district Commissioner; other Commissioners,
Honorable Mayor Suarez, we are pleased to stand with our Carrollton family in full support for
this application, and we thank you in advance for considering our request for your support of
the Sacred Heart School for Boys. We have been residing at our address here in Coconut Grove
for over 15 years, and have been raising our children very nearby the subject property. We
have also attended all the hearings on the application, and, unfortunately, because of the
pandemic, are unable to join you today. In those hearings, we can offer the following
observations: That we believe that every effort has been made in good faith to address the
concerns of the surrounding property owners, our neighbors and our friends. As Carrollton
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parents, we are exceedingly proud of the manner in which our team has presented itself
responded to those concerns, and in the professional manner in which we are presenting our
application. We are also very grateful to the professional City staff that has helped us all —
neighbors, applicants, and interested parties -- in developing a better application and
ultimately, an exceptional project for all the residents and children that will participate in the
future. Finally, we respectfully request your support for the application before you, and we
thank you for your consideration, and diligence in evaluating this application. Thank you and
warmest regards. Jorge Luis Lopez.
Alan McGuff e: My name is Alan McGuff e, from Northwest 61 s` Street. Two bulk waste
requests per year. Our County would allow those two bulk waste pick up requests per year.
That policy is the reason why Little Haiti has such illegal dumping. People are coming from
other part of town. They come and drop their garbage there. People from the Little Haiti will
not call 6-1-1 to pick up the garbage, because they only have two requests per year, which they
can use for their own garbage. That policy is the reason why we're having this problem. Two
bulk waste requests per year. And I'm asking you guys to actually go back and review that
policy, because two requests per year is not enough. We're going to keep having this problem
as long —
Mary Lou King: Our names are Mary Lou King and Karen Ansell. We live at 3240 Morris
Lane; two houses down from the Villa Woodbine historic site. We are calling in to our
opposition — about our opposition to that site being used by the Carrollton School to repurpose
it for Carrollton School. We have been to the hearings and meetings to express our opposition
to repurposing the historic unique site into a private school. We believe it would currently and
negatively change the historic character of the Grove and what the Grove meant to the City of
Miami. We have tons of concerns. One is the destruction of canopy. Well over 50 percent of
the old Grove canopy would be removed and replaced with blacktop. This would result in
serious runoff into the Biscayne Bay, and reduce sustainability. Two, the historic Silver Bluff, a
unique geological feature of the City, would be covered and not easily seen by most people.
Number two, the structure of a residential community, so basically, a for -profit commercial
enterprise, should — this neighborhood would be severely eroded. Number three, traffic
congestion. Our already overburdened residential roads that cannot be, must not be widened.
Already approved development within the 33133 zip code has caused gridlock. Not adding — we
do not need to have any adding to that, which would destroy what the Grove means to Miami.
We live next to Ransom School. We already have experienced every day what it means to have
gridlock, and cannot even exit our own community. Number — Karen and I are not against
development or schools of education. Hey, I used to live -- work by the University of Miami
School of Education. But the Grove is the wrong place for an additional private school. We
respec fully ask that you do not approve the historic Villa Woodbine site for development into a
private educational institution. There is a much better use for this site that would benefit all,
not only who live in the Grove, but live in Miami.
Mr. Otero: That's the end of recorded public comments.
Chair Hardemon: Are there any other public comments? Is there anyone else that came to
lectern at City Hall?
Mr. Otero: There was one person that said he was bringing back three other people for public
comment, but they're not back, so.
Chair Hardemon: Okay. Then I think we've come to the end of our public comment period, so
I'm going to close our public comment period.
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MV - MAYORAL VETO(ES)
NO MAYORAL VETOES
(Pursuant to Section 4(g)(5) of the Charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the
City Clerk as the first substantive item(s) for City Commission consideration.)
Chair Hardemon: Okay. Mr. Clerk, are there any mayoral vetoes?
Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes.
Chair Hardemon: Okay.
END OF MAYORAL VETO(ES)
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CA - CONSENT AGENDA
The following item(s) was Adopted on the Consent Agenda
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
CA.1 RESOLUTION
7459
Office of Capital
Improvements
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
ACCEPT, ALLOCATE, AND APPROPRIATE A CULTURAL
FACILITIES GRANT FROM THE FLORIDA DEPARTMENT OF
STATE, DIVISION OF CULTURAL AFFAIRS ("FDCA") IN A TOTAL
AMOUNT NOT TO EXCEED SEVENTY-EIGHT THOUSAND, TWO
HUNDRED FIFTY DOLLARS ($78,250.00) FOR RENOVATIONS TO
THE LITTLE HAITI CULTURAL CENTER, OFFICE OF CAPITAL
IMPROVEMENTS PROJECT NO. 40-B183511; AUTHORIZING THE
CITY MANAGER TO ALLOCATE AND APPROPRIATE THE CITY
OF MIAMI'S REQUIRED MATCHING FUNDS IN THE AMOUNT
NOT TO EXCEED ONE HUNDRED FIFTY-SIX THOUSAND, FIVE
HUNDRED ONE DOLLARS ($156,501.00) FROM LEGALLY
AVAILABLE FUNDING SOURCES; FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE AN
AGREEMENT AND A RESTRICTIVE COVENANT, BOTH IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH FDCA FOR
SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER
NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, AND
MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR ACCEPTANCE OF AND COMPLIANCE WITH
SAID CULTURAL FACILITIES GRANT.
ENACTMENT NUMBER: R-20-0173
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item CA.1, please see "End of
Consent Agenda."
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CA.2 RESOLUTION
7458
Department of Real
Estate and Asset
Management
CA.3
7445
Department of Fire -
Rescue
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A TEMPORARY ACCESS
AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH VIRGIN TRAINS USA FLORIDA LLC
AND/OR ITS CONSULTANT, SCS ENGINEERS, FOR A PERIOD
NOT TO EXCEED FORTY-FIVE (45) DAYS FROM THE
EFFECTIVE DATE OF THE AGREEMENT TO ACCESS CITY OF
MIAMI ("CITY") OWNED REAL PROPERTY IDENTIFIED AS FOLIO
NUMBER 01-0100-000-0555 ("PROPERTY"), AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE
AGREEMENT, SOLELY FOR THE COLLECTION OF SOIL
SAMPLES AND THE INSTALLATION AND SAMPLING OF A
SHALLOW GROUNDWATER MONITORING WELL AS REQUIRED
BY MIAMI-DADE COUNTY'S DIVISION OF ENVIRONMENTAL
RESOURCES MANAGEMENT.
ENACTMENT NUMBER: R-20-0174
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item CA.2, please see "End of
Consent Agenda."
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
ACCEPT FUNDING PURSUANT TO THE TERMS AND
CONDITIONS OF THE UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES' PUBLIC HEALTH AND SOCIAL
SERVICES EMERGENCY FUND, ATTACHED AND
INCORPORATED; ESTABLISHING A NEW SPECIAL REVENUE
PROJECT TITLED "CARES ACT PROVIDER RELIEF FUND" IN AN
AMOUNT NOT TO EXCEED $156,856.74, TO BE FUNDED
THROUGH A BIPARTISAN ACT SIGNED BY PRESIDENT DONALD
J. TRUMP TO PROVIDE $100 BILLION IN RELIEF FUNDS TO
HOSPITALS AND OTHER HEALTHCARE PROVIDERS FIGHTING
THE NOVEL CORONAVIRUS ("COVID-19") PANDEMIC THAT
SHALL BE UTILIZED TO PREVENT, PREPARE FOR, AND
RESPOND TO THE COVID-19 PANDEMIC THROUGH
REIMBURSEMENT OF HEALTHCARE RELATED EXPENSES OR
LOST REVENUES ATTRIBUTABLE TO THE COVID-19
PANDEMIC; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE ACCEPTANCE AND ADMINISTRATION OF
SAID FUNDS AND COMPLIANCE WITH SAID TERMS AND
CONDITIONS.
ENACTMENT NUMBER: R-20-0175
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item CA.3, please see "End of
Consent Agenda."
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CA.4 RESOLUTION
7279
Department of
Procurement
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID RECEIVED ON JANUARY 7, 2020 PURSUANT TO
INVITATION FOR BID ("IFB") NO. 1132383 FOR MAINTENANCE
AND REPAIRS OF EMERGENCY GENERATORS ON AN AS
NEEDED BASIS FROM THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER, KW POWER SYSTEMS CORP., A
FLORIDA PROFIT CORPORATION ("KW POWER"), FOR AN
INITIAL TERM OF THREE (3) YEARS WITH THE OPTION TO
RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS;
ALLOCATING FUNDS FROM VARIOUS SOURCES OF FUNDS
AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS
AND BUDGETARY APPROVAL AT THE TIME OF NEED;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING
ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT
TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY
APPROVALS, COMPLIANCE WITH ALL APPLICABLE
PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S
PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND
FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN
CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL
APPLICABLE LAWS, RULES, AND REGULATIONS AS MAY BE
DEEMED NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-20-0176
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item CA.4, please see "End of
Consent Agenda."
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CA.5 RESOLUTION
7456
Department of
Resilience and
Public Works
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AMENDMENT NO. 1 TO THE AGREEMENT
BETWEEN THE CITY OF MIAMI ("CITY") AND FLORIDA
TURF AND LANDSCAPE HORTICULTURE, INC., A
FLORIDA PROFIT CORPORATION ("FLORIDA TURF"),
PURSUANT TO INVITATION FOR BID ("IFB") NO. 14-15-
019 FOR BRICKELL AVENUE LANDSCAPING AND
MAINTENANCE SERVICES ("SERVICES"), PROVIDING
FOR 1) A ONE (1) YEAR EXTENSION OF TIME BEYOND
THE TERMS OF THE AGREEMENT FOR PENDING
PERFORMANCE OF THE SERVICES; 2) THE PURCHASE,
INSTALLATION, INSPECTION, TESTING, AND
OPERATION OF A PRESSURE VACUUM BREAKER AT A
CITY WATER SERVICE CONNECTION ("ADDITIONAL
SERVICES") REQUIRED FOR AN IRRIGATION PROJECT;
AND 3) AN INCREASE IN AGREEMENT CAPACITY TO A
NOT TO EXCEED AMOUNT OF FIVE HUNDRED TWENTY
SEVEN THOUSAND TWO HUNDRED FIFTEEN DOLLARS
($527,215.00) COMPRISED OF FOUR HUNDRED
TWENTY SEVEN THOUSAND TWO HUNDRED FIFTEEN
DOLLARS ($427,215.00), THE AGREEMENT AMOUNT
FOR ONE (1) YEAR OF SERVICES, AND ONE HUNDRED
THOUSAND DOLLARS ($100,000.00), THE AMOUNT FOR
THE ADDITIONAL SERVICES REQUIRED FOR THE
IRRIGATION PROJECT; ALLOCATING FUNDS FROM THE
CITY'S DEPARTMENT OF RESILIENCE AND PUBLIC
WORKS ("PUBLIC WORKS") SUBJECT TO THE
AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL
AT THE TIME OF NEED; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE AMENDMENT
NO. 1 TO THE AGREEMENT WITH FLORIDA TURF, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY;
FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL OTHER
DOCUMENTS, INCLUDING ANY AMENDMENTS,
RENEWALS, AND EXTENSIONS, SUBJECT TO ALL
ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY
APPROVALS, COMPLIANCE WITH ALL APPLICABLE
PROVISIONS OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE
CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY
ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS
SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN
COMPLIANCE WITH ALL APPLICABLE LAWS, RULES,
AND REGULATIONS AS MAY BE DEEMED NECESSARY
FOR SAID PURPOSE.
ENACTMENT NUMBER: R-20-0177
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item CA.5, please see "End of
Consent Agenda."
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CA.6 RESOLUTION
7531
Department of
Procurement
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
A DONATION FROM SB GROUP US, INC. ("SOFTBANK GROUP")
OF ONE HUNDRED FORTY SEVEN THOUSAND (147,000)
NATEEN FM3ETIIR 3-PLY FACE MASKS ("DONATION") WITH AN
APPROXIMATE VALUE OF ONE HUNDRED THIRTY EIGHT
THOUSAND ONE HUNDRED EIGHTY DOLLARS ($138,180.00);
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A
DONATION LETTER OF ACCEPTANCE, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
ENACTMENT NUMBER: R-20-0178
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item CA. 6, please see "End of
Consent Agenda."
END OF CONSENT AGENDA
Chair Hardemon: Okay. The Chair would like to entertain a motion to approve the
CA (consent agenda), the PH (public hearing), and the RE (resolution) agenda.
Commissioner Reves: CA, PH, and RE agenda? I don't have any. I'll move it.
Chair Hardemon: Of course, we can have a discussion on any item.
Commissioner Reves: Yeah.
Commissioner Carollo: I'm sorry. Can you go through it again, Chair? PH?
Chair Hardemon: The CA, the PH, and the RE agenda.
Commissioner Carollo: RE. Okay. Hold on.
Victoria Mendez (City Attorney): Chairman, RE.2 and 3, I believe are to be
modified. I think the Administration has the information on that.
Chair Hardemon: Okay. That'll he included in the motion when there's one made.
Commissioner Carollo: Okay. Can we go to — well, this is all CA. And you said the
RE, correct?
Chair Hardemon: That's correct.
Commissioner Carollo: Which we have four in the RE.
Chair Hardemon: That's correct. And what we'll do while you're looking over it,
let's have the City announce the modifications to RE.2 and RE.3.
Christopher Rose (Director, Office of Management and Budget): Good morning,
Commissioners. This is Chris Rose, the Budget Director. RE.2 does not need any
amendment to it, hut we would recommend a floor amendment to RE.3. Overall, the
amendment would lower the contract by $1,465,151.40. We're recommending that
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Meeting Minutes June 25, 2020
we amend the original contract down from $18,900,141.20 and $17,434,989.80.
That's the reduction of the 1.4 million that I was saying earlier. We're still
amending the contract in the item by the $7, 062, 800. That's to address the scope of
work that DERM (Department of Environmental Resources Management) is
requiring of us. So that results in a second amendment of — instead of
$25,962,941.20, it should instead be a "not to exceed" amount of $24,497,798.80.
So overall, it is simply a reduction of the 1.4 million I mentioned.
Chair Hardemon: Thank you. So the Chair would entertain a motion to include that
modification --
Commissioner Reves: Move it.
Chair Hardemon: -- to that CA, PH, and RE. It's been properly moved; seconded
by the Chair. Any discussion?
Ms. Mendez: Chairman?
Chair Hardemon: Yes.
Ms. Mendez: Did you want to make any modifications to RE.4, the interlocal?
Chair Hardemon: No.
Ms. Mendez: Okay. Thank you.
Chair Hardemon: Hearing no discussion, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes. So let's — well — so I intended to
have — for us to have a small lunch break so that — because I know that this is going
to get lengthy.
Commissioner Reyes: Okay.
Chair Hardemon: So in accordance with how we've normally been doing things —
because now we have the PZ agenda, which kind of extends our day. So we're going
to go with our regular schedule --
Commissioner Reves: SR.2.
Chair Hardemon: -- and come back from lunch at 2 o'clock.
Commissioner Reves: Yeah. Can we take care of'SR.2 now before we go? It's only
one item.
Chair Hardemon: Do you want to do --? Okay. (UNINTELLIGIBLE) SR.2.
Ms. Mendez: Commissioner?
Chair Hardemon: Yes.
Ms. Mendez: Commissioner Reyes, if you will allow me, can we take it up after
lunch just so I can put two reports into the record, so I can send it to all of you, just
so that it could be backup Jrothis ordinance, since the ACLU (American Civil
Liberties Union) today voiced their objections? I wanted to make sure we had —
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Commissioner Reyes: Which was objected — it was suspected. They're making a lot
— they made — this gentleman made a lot of statements, that they are not real. They
are totally unreal. And this does not preclude anybody from feeding people on the --
Ms. Mendez: Right. So what we wanted to add to send to all of you during the lunch
break so that it could be placed in the record was two reports from the Health
Department and some photographs and videos about all the issues that you're tiying
to correct with regards to this ordinance.
Commissioner Reyes: Okay. Fantastic. Okay. Very good. All right. Let's have
lunch then.
Chair Hardemon: See you back at —
Commissioner Reyes: Mr. Chair?
Chair Hardemon: Yes.
Commissioner Reyes: That's a beautiful, beautiful painting you have behind you.
Where you got it?
Chair Hardemon: Well, thank you very much. This is part of the — I think it's from
the Little Haiti Cultural Center.
Commissioner Reyes: The Little Haiti. That's what I thought. That is what is the
style, Haitian style.
Chair Hardemon: Right., yeah. So it belongs to them.
Commissioner Reyes: That's right, that's right. It 's beautiful.
Commissioner Carollo: Well, I like the painting, but I really thought, when you said,
"It's so beautiful, beautiful, " you were going to say that bowtie.
Commissioner Reyes: You know, every time I watch our Chairman with the bowtie,
it reminds me of a good friend of yours, Mr. Carollo.
Commissioner Carollo: That's right.
Commissioner Reyes: That's Raffi. It reminds me of them, you know. He was
(UNINTELLIGIBLE) you know.
Chair Hardemon: I'm just happy I can be taken seriously.
Commissioner Diaz de la Portilla: Always.
Chair Hardemon: Alright. Thank you, gentlemen. 2 o'clock.
Commissioner Reyes: Okay, 2 o'clock.
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PH - PUBLIC HEARINGS
PH.1 RESOLUTION
7447
Department of
Housing and
Community
Development
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE LIMIT ON
THE HOME INVESTMENT PARTNERSHIP PROGRAM ("HOME")
ADMINISTRATION FUNDS FROM TEN PERCENT (10%) OF THE
ANNUAL ALLOCATION TO TWENTY-FIVE PERCENT (25%) FOR
FISCAL YEAR 2019-2020 TO REFLECT THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S
GUIDANCE, ATTACHED AND INCORPORATED, WHICH PERMITS
CERTAIN STATUTORY SUSPENSIONS AND REGULATORY
WAIVERS IN RESPONSE TO THE NOVEL CORONAVIRUS
PANDEMIC; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE.
ENACTMENT NUMBER: R-20-0179
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item PH.1, please see "End of
Consent Agenda."
PH.2 RESOLUTION
7446
Department of
Resilience and
Public Works
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING THE PLAT TITLED "M.R.S.", A
REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED
IN ATTACHMENT "1", SUBJECT TO SATISFACTION OF ALL
CONDITIONS REQUIRED BY THE PLAT AND STREET
COMMITTEE AS SET FORTH IN EXHIBIT "A", ATTACHED AND
INCORPORATED, AND THE PROVISIONS CONTAINED IN
SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE
PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER
AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE
RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
ENACTMENT NUMBER: R-20-0180
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MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item PH.2, please see "End of
Consent Agenda."
PH.3 RESOLUTION
7464
Department of
Resilience and
Public Works
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING THE PLAT TITLED "CENTURY
PACTIA LE JEUNE", A REPLAT IN THE CITY OF MIAMI OF THE
PROPERTY DESCRIBED IN ATTACHMENT "1", SUBJECT TO
SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT
AND STREET COMMITTEE AS SET FORTH IN EXHIBIT "A",
ATTACHED AND INCORPORATED, AND THE PROVISIONS
CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS
SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE
CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND
CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
ENACTMENT NUMBER: R-20-0181
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item PH.3, please see "End of
Consent Agenda."
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PH.4 RESOLUTION
7504
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 RECOMMENDATIONS AND
FINDINGS, ATTACHED AND INCORPORATED IN EXHIBIT
"A", THAT COMPETITIVE BIDDING METHODS AND
PROCEDURES ARE NOT PRACTICABLE OR
ADVANTAGEOUS PURSUANT TO SECTIONS 18-85(A)
AND 18-86(A)(3)(C) OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED; WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; APPROVING
THE RECOMMENDATIONS AND FINDINGS THAT THE
OVERTOWN OPTIMIST CLUB, INC., A STATE OF FLORIDA
NOT -FOR -PROFIT ORGANIZATION ("SERVICE
PROVIDER"), IS THE MOST QUALIFIED ORGANIZATION
TO PROVIDE SEASONAL RECREATIONAL SPORTS
ACTIVITIES AND SERVICES, PHYSICAL FITNESS, YOUTH
AFTER SCHOOL LITERACY AND TUTORING PROGRAMS,
AND SOCIAL SKILLS BUILDING PROGRAMS
(COLLECTIVELY, "PROGRAMS") AND FOR PROGRAM
USE, MAINTENANCE, AND OPERATIONS OF THE
RELATED CONCESSION STAND AREA ("CONCESSION
STAND") FOR PROGRAMMING SERVICES AT THEODORE
GIBSON PARK LOCATED AT 401 NW 12T" STREET,
MIAMI, FLORIDA 33128 ("GIBSON PARK"); AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY AND
BOND COUNSEL, A UNITED STATES INTERNAL
REVENUE SERVICE ("IRS") SAFE HARBOR USE AND
PROGRAMMING PARTNERS AGREEMENT
("AGREEMENT") FOR A TWENTY (20) YEAR INITIAL
TERM, WITH ONE (1) OPTION TO RENEW FOR A TERM
NOT TO EXCEED TWENTY (20) YEARS, SOLELY FOR
THE PROGRAMS AT GIBSON PARK AT SUCH TIMES,
DATES, SCHEDULES, AND IN SUCH USE AREAS AS TO
BE SPECIFIED IN SUCH AGREEMENT, INCLUDING THE
OPERATION, MAINTENANCE, AND USE OF THE
CONCESSION STAND SOLELY FOR THE PROGRAMS IN
GIBSON PARK; FURTHER AUTHORIZING THE CITY
MANAGER, AFTER CONSULTATION WITH THE CITY
ATTORNEY AND BOND COUNSEL, TO NEGOTIATE AND
EXECUTE ANY AND ALL OTHER NECESSARY
AMENDMENTS, MODIFICATIONS, EXTENSIONS,
RENEWALS, SUPPLEMENTS, AND DOCUMENTS FOR
SAID PURPOSE FOR PROGRAMS AND THE
CONCESSION STAND DURING THE PROGRAMS AT
GIBSON PARK TO COMPLY WITH REQUIREMENTS OF
THE INTERNAL REVENUE CODE OF 1986, AS AMENDED,
AND TAX-EXEMPT BOND PROGRAMS, GRANT FUNDS,
AND PARKS IMPACT FEES WHICH PROVIDED FUNDING
FOR THE CONSTRUCTION, INSTALLATIONS,
RESTORATION, IMPROVEMENTS, AND RENOVATION OF
GIBSON PARK FACILITIES INCLUDING THE
CONCESSION STAND; PROVIDING FOR SEVERABILITY;
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AND PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: R-20-0182
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item PH.4, please see "End of
Consent Agenda."
END OF PUBLIC HEARINGS
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RE.1
7460
Department of Fire -
Rescue
RE - RESOLUTIONS
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
ACCEPT FUNDING PURSUANT TO THE TERMS AND
CONDITIONS OF THE DEPARTMENT OF HOMELAND
SECURITY'S ("DHS") "SECURING THE CITIES (STC)" GRANT
PROGRAM; ESTABLISHING A NEW SPECIAL REVENUE
PROJECT TITLED "SECURING THE CITIES (STC) PROGRAM
2019" IN AN AMOUNT NOT TO EXCEED $1,977,434.00
CONSISTING OF A GRANT FROM DHS FOR THE PURPOSE OF
ENHANCING REGIONAL CAPABILITIES IN DETECTING,
IDENTIFYING, AND RESPONDING TO RADIOLOGICAL AND
NUCLEAR THREATS BY PROVIDING FIRST RESPONDERS WITH
THE NECESSARY TRAINING AND EQUIPMENT; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE
ACCEPTANCE AND ADMINISTRATION OF SAID FUNDS AND
COMPLIANCE WITH SAID TERMS AND CONDITIONS WITH AN
OPTION TO RENEW FOR UP TO FIVE (5) YEARS.
ENACTMENT NUMBER: R-20-0183
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item RE.1, please see "End of
Consent Agenda."
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RE.2 RESOLUTION
7533
Office of Capital
Improvements
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AMENDMENT NO. 3 TO THE PROFESSIONAL
SERVICES AGREEMENT ("PSA") WITH CH2M HILL
CONSTRUCTORS, INC., A FOREIGN PROFIT CORPORATION
AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF
FLORIDA ("CH2M HILL"), FOR DREDGING RELATED
CONSTRUCTION SUPPORT SERVICES FOR THE WAGNER
CREEK AND SEYBOLD CANAL WATERWAYS RESTORATION
PROJECT PURSUANT TO INVITATION TO BID NO. 05-06-090,
PROVIDING FOR ADDITIONAL WORK IN AN AMOUNT NOT -TO -
EXCEED SIX HUNDRED FIFTY FOUR THOUSAND ONE
HUNDRED FIFTY DOLLARS ($654,150.00), THEREBY
INCREASING THE TOTAL COMPENSATION LIMIT FROM THREE
MILLION FOUR HUNDRED NINETY NINE THOUSAND FIVE
HUNDRED EIGHTY EIGHT DOLLARS AND NINETEEN CENTS
($3,499,588.19) TO AN AMOUNT NOT -TO -EXCEED FOUR
MILLION ONE HUNDRED FIFTY THREE THOUSAND SEVEN
HUNDRED THIRTY EIGHT DOLLARS AND NINETEEN CENTS
($4,153,738.19); ALLOCATING FUNDS FROM THE CITY OF
MIAMI'S ("CITY") OFFICE OF CAPITAL IMPROVEMENTS
PROJECT NO. B-50643, SUBJECT TO THE AVAILABILITY OF
FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AMENDMENT NO. 3 TO THE PSA WITH THE CH2M
HILL, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING
ANY AMENDMENTS AND EXTENSIONS, SUBJECT TO ALL
ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY
APPROVALS, COMPLIANCE WITH ALL APPLICABLE
PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S
PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND
FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN
CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL
APPLICABLE LAWS, RULES, AND REGULATIONS AS MAY BE
DEEMED NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-20-0184
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item RE.2, please see "End of
Consent Agenda."
City of Miami
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RE.3 RESOLUTION
7534
Office of Capital
Improvements
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AMENDMENT NO. 1 TO THE PROFESSIONAL
SERVICES AGREEMENT ("PSA") WITH SEVENSON
ENVIRONMENTAL SERVICES, INC., A FOREIGN PROFIT
CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN THE
STATE OF FLORIDA ("SEVENSON"), FOR DESIGN -BUILD
SERVICES FOR THE WAGNER CREEK AND SEYBOLD CANAL
WATERWAYS RESTORATION PROJECT PURSUANT TO
REQUEST FOR PROPOSALS ("RFP") NO. 15-16-030, PROVIDING
FOR ADDITIONAL WORK IN AN AMOUNT NOT -TO -EXCEED
SEVEN MILLION SIXTY TWO THOUSAND EIGHT HUNDRED
DOLLARS ($7,062,800.00), THEREBY INCREASING THE TOTAL
COMPENSATION LIMIT FROM EIGHTEEN MILLION NINE
HUNDRED THOUSAND ONE HUNDRED FORTY ONE DOLLARS
AND TWENTY CENTS ($18,900,141.20) TO AN AMOUNT NOT -TO -
EXCEED TWENTY FIVE MILLION NINE HUNDRED SIXTY TWO
THOUSAND NINE HUNDRED FORTY ONE DOLLARS AND
TWENTY CENTS ($25,962,941.20); ALLOCATING FUNDS FROM
OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. B-
50643, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF
NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AMENDMENT NO. 1 TO THE PSA WITH SEVENSON,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID
PURPOSES; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS,
INCLUDING ANY AMENDMENTS AND EXTENSIONS, SUBJECT
TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY
APPROVALS, IN COMPLIANCE WITH ALL APPLICABLE
PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S
PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND
FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN
CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL
APPLICABLE LAWS, RULES, AND REGULATIONS AS MAY BE
DEEMED NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-20-0185
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item RE.3, please see "End of
Consent Agenda."
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Meeting Minutes June 25, 2020
RE.4
7457
Department of
Police
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH MIAMI-DADE COUNTY FOR A
TERM OF THREE (3) YEARS FOR THE PURPOSE OF
ENFORCING VIOLATIONS OF SPECIFIED SECTIONS OF THE
CODE OF MIAMI-DADE COUNTY, FLORIDA ("COUNTY CODE"),
AS THEY MAY BE AMENDED FROM TIME TO TIME, THROUGH
CIVIL CODE PENALTIES PURSUANT TO CHAPTER 8CC OF THE
COUNTY CODE, INCLUDING UTILIZING THE MIAMI-DADE
COUNTY DIVERSION PROGRAM FOR SATISFACTION OF ANY
ELIGIBLE CIVIL CITATIONS ISSUED WITHIN THE CITY OF MIAMI.
ENACTMENT NUMBER: R-20-0186
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item RE.4, please see "End of
Consent Agenda."
END OF RESOLUTIONS
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SR.1
7338
Commissioners
and Mayor
SR - SECOND READING ORDINANCES
ORDINANCE Second Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 20 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED
"FLOOD DAMAGE PREVENTION;" MORE PARTICULARLY,
BY AMENDING SECTIONS 20-1, TITLED "DEFINITIONS,"
SECTION 20-3, TITLED "DEVELOPMENT IN EITHER
SPECIAL FLOOD HAZARD AREAS, OR NONSPECIAL
FLOOD HAZARD AREAS," AND SECTION 20-4, TITLED
"DEVELOPMENT WITHIN SPECIAL FLOOD HAZARD
AREAS", TO CODIFY THE NORTH AMERICAN VERTICAL
DATUM OF 1988 ("NAVD 88") AS THE APPLICABLE
VERTICAL DATUM FOR THE PURPOSE OF
ADMINISTERING THE CITY OF MIAMI'S ("CITY") FLOOD
DAMAGE PREVENTION REGULATIONS; FURTHER
AMENDING CHAPTER 29 OF THE CITY CODE, TITLED
"LANDFILLS AND WATERFRONT IMPROVEMENTS;"
MORE PARTICULARLY, BY AMENDING SECTION 29-81,
TITLED "DEFINITIONS," SECTION 29-82, TITLED
"PURPOSE OF ARTICLE," SECTION 29-83, TITLED
"PERMITS FOR WATERFRONT IMPROVEMENTS —
REQUIRED," SECTION 29-84, TITLED "SAME —
APPLICATION", SECTION 29-89, TITLED "DESIGN,"
SECTION 29-91, TITLED "CONSTRUCTION," SECTION 29-
92, TITLED "MATERIALS," SECTION 29-93, TITLED
"REVIEW OF PLANS; DUTY TO INSPECT," SECTION 29-
94, TITLED "PROCEDURE FOR INSPECTIONS," AND
SECTION 29-95, TITLED "MAINTENANCE," TO
ESTABLISH NEW STANDARDS FOR THE
CONSTRUCTION, RECONSTRUCTION, AND REPAIR OF
SEAWALLS AND BULKHEADS; ESTABLISHING A NEW
MINIMUM HEIGHT OF SIX FEET (6') NAVD 88 FOR NEW
AND RECONSTRUCTED SEAWALLS AND BULKHEADS
CITYWIDE; PROVIDING FOR A VARIANCE PROCEDURE
FOR SUCH ELEVATION REQUIREMENT; PROVIDING
FOR A DEFINITION AND PERMITTING CONSTRUCTION
OF LIVING SHORELINES; IMPOSING A DUTY ON
PRIVATE PROPERTY OWNERS TO MAINTAIN
SEAWALLS AND BULKHEADS IN GOOD REPAIR AND TO
PREVENT TIDAL WATERS FROM FLOWING OVER OR
THROUGH SUBSTANDARD OR DAMAGED SEAWALLS
OR BULKHEADS TO ADJACENT PROPERTIES AND
PUBLIC RIGHTS -OF -WAY; PROVIDING FOR ENHANCED
PENALTIES FOR PROPERTY OWNERS THAT FAIL TO DO
THE SAME; PROVIDING FORA WAIVER OF FEES FOR
RECONSTRUCTION OF SUBSTANDARD OR DAMAGED
SEAWALLS UPON FURNISHING OF PROOF OF
FINANCIAL HARDSHIP; PROVIDING FOR COMPLETE
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MITIGATION OF CODE COMPLIANCE FINES FOR
PROPERTY OWNERS WITH SUBSTANDARD OR
DAMAGED SEAWALLS OR BULKHEADS FOUND TO BE
IN VIOLATION THAT UNDERTAKE STEPS TO CORRECT
THOSE VIOLATIONS WITHIN THE TIMEFRAME FOUND
HEREIN; CREATING A NEW SUBSTANTIAL REPAIR
THRESHOLD THAT PROVIDES FOR SEAWALLS AND
BULKHEADS TO BE RECONSTRUCTED TO PRESENT
SPECIFICATIONS PROMULGATED BY THE
DEPARTMENT OF RESILIENCE AND PUBLIC WORKS
UNDER CERTAIN QUALIFYING CIRCUMSTANCES;
MODIFYING THE MINIMUM REQUIREMENTS AND
INFORMATION REQUIRED FOR PERMITS IN
CONNECTION WITH THE CONSTRUCTION, REPAIR, AND
RECONSTRUCTION OF SEAWALLS AND BULKHEADS;
AND PROVIDING FOR THE COMPLETE MITIGATION OF
FINES FOR VIOLATIONS RELATED TO THE DISREPAIR
OF SUCH IMPROVEMENTS UPON ADHERENCE TO
CERTAIN PRESCRIBED TIMEFRAMES; FURTHER
AMENDING CHAPTER 54/SECTION 54-46 OF THE CITY
CODE, TITLED "STREETS AND
SIDEWALKS/AGREEMENT AND BOND AS TO PAVING
AND OTHER IMPROVEMENTS BY PERSONS
SUBMITTING PLATS, REPLATS, ETC., TO COMMISSION,"
TO ESTABLISH A NEW MINIMUM HEIGHT OF SIX FEET
(6') NAVD 88 FOR NEW AND RECONSTRUCTED
SEAWALLS AND BULKHEADS FOR APPLICABLE
PROPERTIES SUBMITTED TO THE CITY'S EXISTING
PLATTING PROCESS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Ken Russell, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: Item SR.1 was continued to the July 23, 2020, City
Commission Meeting.
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SR.2 ORDINANCE Second Reading
7440
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI COMMISSION, WITH
ATTACHMENT(S), AMENDING CHAPTER 25 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "HUMAN
RELATIONS;" MORE PARTICULARLY, BY CREATING ARTICLE II,
TITLED "LARGE GROUP FEEDINGS," AND CREATING SECTION
25-25, TITLED "REGULATIONS FOR STREET AND PUBLIC
LARGE GROUP FEEDINGS," TO CREATE REGULATIONS FOR
THE USE OF CITY OF MIAMI STREETS AND PUBLIC SPACES
FOR LARGE GROUP FEEDINGS; CONTAINING A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 13907
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Diaz de la Portilla, Reyes
NAYS: Russell
ABSENT: Carollo
Chair Hardemon: Thank you, everyone. We're back to our June 25, 2020 Miami City
Commission meeting. Madam City Attorney, before we closed our meeting, you had
some exhibits that you want to add to SR.2?
Victoria Mendez (City Attorney): Yes, Chairman, thank you. I sent the
Commissioners a Department of Health report and some photographs and a video
that some of you may not be able to open, so just let me know if I have to resend it a
different way, just as proof, backup for the feeding ordinance and why it's needed in
order to centralize and assist, and give a safer environment for the homeless to
receive food So I just wanted to send you that inforzation since the ACLU
(American Civil Liberties Union) voiced their objections today in the public comments
section through Professor Snavey (phonetic). So thank you very much for allowing
me that additional time to put that information into the record.
Commissioner Reyes: Thank you. Thank you, Vicky. And I also want to inform that
we had our first meeting with the Homeless Trust and the Administration and it went
real well, and we are trying to put together the program and how to organize this in a
way that we can really provide assistance to our homeless not only in the form of
Pod, but also in support, also and -- such as psychological assistance, medical
assistance and also shelter assistance. And I move it.
Chair Hardemon: It's been properly moved. Is there a second?
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded. Madam City Attorney,
can you read it into the record, please?
Ms. Mendez.: Yes, Chairman.
(The Ordinance was read by title into the public record by the City Attorney.)
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Chair Hardemon: Okay, any discussion?
Vice Chair Russell: Yes, Mr. Chairman.
Chair Hardemon: You're recognized, sir.
Vice Chair Russell: I continue to be against this ordinance in the way that it's
written. I respect the efforts of what's trying to be accomplished, but we've talked
about this for years. And step one, to me, is to create the program, not the
punishment. I know we're doing it in conjunction, but to me, not only does it send the
wrong message, we're doing it in the wrong way, and here's why I feel that way:
When -- before I was in office and had access to all of the groups that have studied
these issues so much more than I knew about before, I didn't understand why it was
wrong to feed the homeless in the streets. And when my daughters are in my car and
we're at a stoplight and someone needs change or food, they want to help. It's just an
inherent, innocent nature to want to help. And they don't know about our Housing
First policy. The -- and I'm not only talking about children -- just regular residents
and citizens who feel compassion for those who are in the streets. All they see is that
someone's not doing their job, because these folks aren't taken care of; whether it's
the psychological services, whether it's the shelter, whether it's the housing
availability, whether it's feeding elsewhere in a program. They just want to help. And
.for me to tell my daughters, "You know what? Let me show you a better way to
help," and 1 take them to a shelter and we donate some toys or something like that,
that's great. But for me to tell them, "No. If you roll down your window and give
them something, you're in trouble," to me, it sends the wrong message. And 1 really
believe that we're taking the right steps in creating a program, but we're undermining
it by creating the stick portion of this at this point. 1 think we should try the program
without the fines and the civil penalties, and see what sort of buy -in we get from the
churches and the shelters and the homeless. And if we need to go to an enforcement
point after that, let's talk But I don't think it's the right first step, so I'm not in favor
of it as it is. If there's an openness for an amendment to the last section of the
ordinance, taking out the penalties, I would be in favor.
Commissioner Reyes: Sir, I think that you are totally misunderstanding this, and you
are -- as a matter of fact, what you're saying is nothing that we have said is the truth.
We are -- if you are in a streetlight and you have a McDonald's in your hand and you
have to give it to somebody, nobody is going to do anything to you. This is against
systematic, systematic, systematic street feeding. This is -- you're taking it to -- I don't
know why, but you're taking it to another extreme. What we're doing is we are
organizing street feeding and making it more efficient. And what we're doing is we
are creating a program that, really, if you want to help the homeless, you should be in
favor of it, because we are going to have them as a group under a roof and we are
going to supply, them all the support that they need; not only in matter of nourishment,
but also in medicines, psychological assistance, et cetera, et cetera. So I don't think
that I, as a sponsor -- I don't know if my cosponsor -- Commissioner Carollo, we are -
- we thought about this and we did this together in order to create a program that
really is going to help the homeless population. So I'm not open for any, any
amendment.
Commissioner Carollo: I second that statement made by Commissioner Reyes. What
we're trying to do here is bring some common sense to this issue and to make sure
that our homeless are taken care of and we have been doing that I think much more
than many, many other cities. But at the same time, we're doing it in a way that we're
protecting them and our residents in how we go about it.
Chair Hardemon: The last thing I'll say about it is that, Mr. Vice Chairman, your
daughters will still be free to give food to anyone they see fit by rolling down their
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window and handing out a meal or two to a few individuals. This is particularly for
large group feedings, so this is organized feeding. In the City of Miami, we've built
homeless facilities. We've approved through zoning the expansion of homeless
facilities in areas where they were once a couple buildings that were scattered and
then they started to -- and then they became one full city block. We have done a
tremendous amount of things to be compassionate with homeless people in our
community, and so we want to continue doing so. And we want the people who
choose and who don't choose or who end up on the street to live harmoniously with
the people who live in those communities. And so, that means cleanliness, that means
order. And what we hope to do with this is to find a way that we can ensure that those
who come to feed people in our communities, they understand what are the
requirements for doing so. And I -- you know, I can understand how you feel about
the -- as you will put it — "punishment," because, you know — but, you know, I can't
think of any law that doesn't have some sort of repercussion if you break that law.
Either it's a civil fine, if it's jail time. I mean, there's always some repercussion. If
not, then it wouldn't be a law. And so -- and no one would follow it. And so, you
know, there are standards that you have in all professions. There are standards that
you must follow. And if you follow those standards, then typically you get a certain
outcome. And if you don't follow those standards, then you not only get a poor
outcome, but you usually get some sort of discipline. And so, we want to ensure that
the people who choose to feed in our community -- especially large groups -- that they
are part of the solution and not a part of the problem for these neighborhoods.
Vice Chair Russell: Thank you, Mr. Chairman. I just wanted to reply briefly to make
clear I'm very much aware of the limits of — numerically of how many need to be fed
before this is triggered. I was simply trying to illustrate how -- what this does is say,
"You do it our way or you get punished," and it's taking the innocent and benevolent
and saying, "You're doing it wrong and you're going to pay for that." And that's the
part 1 don't like about it. If it were a program and not an ordinance, I think we would
get a lot of buy -in. And with a program, you don't need punishment for those who
don't partake in your program. But I understand where it's coming from, but I foresee
this good program being overshadowed by the negativity it generates from the teeth in
the ordinance. And I know that it comes from a good place. I know what all of you
were trying to do, and I support that program. I really do believe that this is a great
step toward creating a way to get people fed and towards shelter. And I just -- it's
that punishment portion I think that is going to be the headline, not the good parts of
the program, so that's why I'm against it. But 1 understand where you are.
Chair Hardemon: Any fitrther discussion?
Commissioner Reyes: Yeah, Mr. Chair. I think that we have Mr. Ron Book on.
Chair Hardemon: Oh, I didn't see his hand.
Commissioner Reyes: That's right.
Chair Hardemon: Mr. Book, you're recognized, sir.
Commissioner Reyes: He wanted to participate.
Ron Book: Thank you, Mr. Chairman, and I appreciate it. And Commissioner Reyes
and Commissioner Carollo, thank you very much again for sponsoring what we at the
Trust believe is an important piece of legislation. And we did have a very productive
meeting with Commissioner Reyes and City staff a week and a half,' almost two ago.
We are working aggressively to find and identify an individual to run the program day
to day, to go out and help coordinate with the churches, the synagogues and other
civic organizations. But let me also say, the most selfish and self=serving thing that
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we can do is hand someone a meal, leaving them to languish in their current
circumstances. There is no humanity in that. At the end of the day, I understand
when people drop spare change in a panhandler's bucket that they get immediate
gratification. I get when they hand somebody a sandwich or a pizza or a meal, they
get instant gratification. It does nothing to help Sergio and Lazaro and our outreach
teams bring those chronic people in. What Commissioner Reyes' program is going to
do is give us an opportunity to give those people that are civic -minded to coordinate
and help participate in an organized way, consistent with our efforts to get people off
the streets. Simply put, the large group feeding ordinance is focused on providing a
part of the continuum. Our folks will be there to try to draw people into services, try
to bring them into shelter and to housing. I want to -- in our opinion, it's a real major
step in a good direction. It ensures safer distribution of food, ensures more sanitary
conditions. It ensures less (INAUDIBLE) and waste. It holds a better promise that
we can .finish the job that all of you want us to .finish, getting people off the streets.
And I really do appreciate the stuff that the City Attorney put into the record. I read
the ACLU and Professor Purey's (phonetic) letter last night. I understand where
they're coming from. But to be very blunt, direct and honest, we have health and
sanitary problems on the streets of the City of Miami. This will help us put it into a
place where we can increase sanitary conditions --
Commissioner Reves: Absolutely.
Mr. Book: -- and the health and the safety of the whole community, so thank you.
Ms. Mendez: Mr. Book, the letter that you're referring to, is that on this ordinance?
Because 1 don't think we received it.
Mr. Book: Oh, goodness, yes. Madam City Attorney, you were -- it was sent to you,
the Chair, the Mayor Commissioner Hardemon. I don't believe -- based on my
reading it -- I've got the letter in front of me. I don't believe it looks like they copied
the rest of the Commission.
Commissioner Reyes: We received it today.
Mr. Book: Actually, they did; Commissioner Russell, Commissioner Diaz de la
Portilla, Carollo and Reyes were also copied on it.
Commissioner Reves: Yes, yes.
Mr. Book: So --
Commissioner Reves: Okay, thank you, Mr. Book.
Mr. Book: Thank you.
Commissioner Reves: Thank you.
Chair Hardemon: Seeing no further discussion, all in favor of the motion, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against?
Vice Chair Russell: No.
Chair Hardemon: The motion carries. Madam City Attorney, I have the emergency
ordinance, the FR.1.
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Todd B. Hannon (City Clerk): Apologies, Chair. I do apologize. I have that as 3/1,
Commissioner Carollo. Okay, my apologies. I have it as 3/1; absent, Commissioner
Carollo.
Ms. Mendez: And as amended that we'll add a "whereas" to make sure that we
reference all the backup that we added. Thank you.
END OF SECOND READING ORDINANCES
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FR - FIRST READING ORDINANCES
FR.1 ORDINANCE First Reading
7525
Commissioners
and Mayor
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE, AMENDING CHAPTER 35/ARTICLE VII OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"),
TITLED "TRANSPORTATION TRUST FUND," MORE
PARTICULARLY BY AMENDING SECTION 35-254(A) OF THE CITY
CODE BY CAPPING PAYMENTS INTO THE TRANSPORTATION
TRUST FUND; CREATING SECTION 35-255, TITLED "DECLARED
STATE OF EMERGENCY," TO AUTHORIZE THE CITY MANAGER
TO SUSPEND THE REQUIREMENTS OF SECTION 35-254(A) OF
THE CITY CODE DURING A FEDERAL, STATE, OR LOCAL
DECLARED STATE OF EMERGENCY; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
ENACTMENT NUMBER: 13908
MOTION TO: Adopt as an Emergency Measure
RESULT: ADOPTED AS AN EMERGENCY MEASURE
MOVER: Manolo Reyes, Commissioner
SECONDER: Alex Diaz de Ia Portilla, Commissioner
AYES: Hardemon, Russell, Diaz de Ia Portilla, Carollo, Reyes
Note for the Record: Item FR.1 passed as an Emergency Ordinance with two roll
calls. For the first roll call, a motion was made by Commissioner Reyes, seconded
by Commissioner Diaz de la Portilla, and was passed unanimously, to pass FR.1 as
an Emergency Ordinance. The second roll call to pass FR1 as an Emergency
Ordinance is reflected above in the vote result box located underneath the
enactment number.
Victoria Mendez (City Attorney): With regard to the emergency ordinance, remember
that it says that it's a first reading ordinance, but it's an emergency ordinance. That's
how it was advertised. There was just a scrivener on the agenda saying that it was
first reading. So --
Chair Hardemon: Okay.
Ms. Mendez: -- we'll read the --
Chair Hardemon: So it should be EM.1.
Ms. Mendez: -- title.
Chair Hardemon: This is the Chapter 35 Transportation Trust Fund, correct?
Ms. Mendez: Yes. So we would read it. I would read it, then you vote. I read it
again, and then you vote.
Commissioner Reyes: Okay.
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Chair Hardemon: Understood.
Ms. Mendez: So let me know when you want me to read it.
Chair Hardemon: Now.
Ms. Mendez: Okay. Thank you.
(The Emergency Ordinance was read by title into the public record by the City
Attorney.)
Commissioner Reyes: I move it.
Chair Hardemon: It's been properly moved. Is there a second?
Commissioner Diaz de la Portilla: I'll second it.
Chair Hardemon: And seconded. Any discussion?
Vice Chair Russell: Yes, some questions.
Chair Hardemon: You're recognized, sir.
Vice Chair Russell: Thank you, Mr. Chairman. So I can see the intent of this
ordinance is to find savings, especially in this year. But once the state of emergency
is lifted, this no longer applies in terms of the money flowing in, except for the cap; it
doesn't stop the monetary flow. Our economic crisis goes beyond when we lift the
state of emergency. 1 don't know how long it's going to be. And I don't know if this is
the right way to do this if what we're trying to do is capture some of that
Transportation Trust Fund money just for this year to help us with this year, because
if'we wanted to simply waive the percentage of the general fund that goes in there as a
regular basis, we could do that on a one-time basis for this year and call it a day, and
there's your $2 million savings. We've got -- we'll keep it in the general fund. That
way, we don't have to sort of cripple the Transportation Trust Fund for long-term
projects and big things we want to do and the trolley as we try to expand it and
support it, and who knows what else? But I think it's a big accomplishment that we
have a Transportation Trust Fund and it's built up what it has so far. We don't have
an imminent project right now, but I don't think we should cobble it just for this
moment's issue. I think if we need 2 million bucks from it, let's take it, but let the
program continue running without a cap and without — I need to see a change, I
reckon.
Chair Hardemon: Okay. Are you going to request the changes from the mover and
seconder?
Vice Chair Russell: Yeah, it's a discussion. It's for savings so that we can
(INAUDIBLE) to it. I'm just wondering if there's a better way to accomplish this same
goal. Is there any will here to look at this from a different angle? Let me be clear;
friendly, amendment. I'm not going to vote against it. Tin in favor of the savings, so
I'm not trying to challenge the concept of what we're doing here. I'm just wondering
if there's a better way to do it. Maybe the sponsor can help me understand the back --
the thinking and the logic in how he came to this methodology.
Commissioner Diaz de la Portilla: I think our silence sort of speaks for itself
Commissioner.
Vice Chair Russell: Could be, or you could just let me know.
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Commissioner Diaz de la Portilla: I think it's a good proposal, and I'm going to
support it.
Vice Chair Russell: All right. I'm fine with it. If it's the way we want to work it,
that's fine. Because the end accomplishment is the same.
Commissioner Reves: Yes.
Commissioner Diaz de la Portilla: I think so.
Chair Hardemon: Right. And I think that, you know, we have the ability as a
Commission to do it at any time that we want to do it so.
Commissioner Reyes: And any time that it's needed.
Chair Hardemon: Right. But I understand what you were saying, sir.
Commissioner Reyes: Yes.
Vice Chair Russell: What happens is long after the emergencies are gone, we forget
to put these things hack in place sometimes.
Commissioner Diaz de la Portilla: We get the point.
Vice Chair Russell: We'll spend it on a transportation issue.
Chair Hardemon: Oh, they're going to remember that money (INAUDIBLE).
Commissioner Diaz de la Portilla: We get it. We get the point.
Chair Hardemon: I remember when (INAUDIBLE) Suarez presented it, so we never
forgot about it. Seeing no further discussion, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? That motion carries. Madam City Attorney, read it
into the record.
The Ordinance was read by title into the public record by the City Attorney.
Commissioner Reves: Move it.
Commissioner Diaz de la Portilla: Second it.
Chair Hardemon: It's been properly moved and seconded. Seeing no discussion, all
in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? That motion carries.
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FR.2 ORDINANCE First Reading
7185
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 23/ARTICLE I OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TITLED "HISTORIC
PRESERVATION/HISTORIC PRESERVATION"; MORE
SPECIFICALLY, BY AMENDING SECTION 23-4, TITLED
"DESIGNATION OF HISTORIC RESOURCES, HISTORIC
DISTRICTS, MULTIPLE PROPERTY DESIGNATIONS, AND
ARCHAEOLOGICAL SITES AND ZONES", SECTION 23-6, TITLED
"TRANSFER OF DEVELOPMENT RIGHTS AND DENSITY FOR
HISTORIC RESOURCES; PROVISION FOR A DETERMINATION
OF ELIGIBILITY PROCESS, AND SPECIAL PROVISIONS FOR
RESOURCES WITHIN THE MIAMI MODERN (MIMO)/BISCAYNE
BOULEVARD HISTORIC DISTRICT; PROHIBITING CERTAIN
USES; AND ESTABLISHING A 35-FOOT HEIGHT LIMIT", AND
SECTION 23-6.2, TITLED "CERTIFICATES OF
APPROPRIATENESS", TO PROVIDE THAT PROPOSALS FOR
DESIGNATION MADE BY THE MIAMI-DADE COUNTY HISTORIC
PRESERVATION BOARD, THE CITY COMMISSION, THE CITY OF
MIAMI'S ("CITY") HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD ("HEPB"), THE CITY'S PLANNING,
ZONING, AND APPEALS BOARD ("PZAB"), AND ANY
ORGANIZATION THAT HAS BEEN A REGISTERED NON-PROFIT
CORPORATION IN THE STATE OF FLORIDA FOR AT LEAST FIVE
(5) YEARS WITH A RECOGNIZED INTEREST IN HISTORIC
PRESERVATION WILL REQUIRE A SUPERMAJORITY VOTE; TO
MODIFY THE TIME TO APPEAL DECISIONS REGARDING
HISTORIC DESIGNATIONS TO THE CITY COMMISSION TO SIXTY
(60) DAYS; TO MODIFY THE TIMING OF NOTICE; TO PROVIDE
THAT THE NOTIFICATION TO OWNERS OF PROPERTIES
DESIGNATED AS HISTORIC WILL CLEARLY ADVISE THE
OWNERS OF THEIR RIGHT TO APPEAL TO THE CITY
COMMISSION; TO PROVIDE TIMING FOR SCHEDULING
APPEALS; TO REQUIRE ADDITIONAL NOTICE OF PUBLIC
HEARINGS FOR SPECIAL CERTIFICATES OF
APPROPRIATENESS; TO PROVIDE UPDATES; 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: Joe Carollo, Commissioner
AYES: Hardemon, Diaz de la Portilla, Carollo, Reyes
NAYS: Russell
Note for the Record: For additional minutes referencing Item FR.2, please see
"Public Comments for all Items."
Chair Hardemon: So now we're going to move on to our first reading ordinances.
Madam City Attorney, can you read FR.2 into the record, please -- or FR.1 ? It will
be FR.1 properly, the Chapter 23 Historic Preservation.
Commissioner Reyes: Okay, this is -- I move it.
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Victoria Mendez (City Attorney): FR.1 was the Transportation Trust Fund, so we did
that one.
Chair Hardemon: Right. No, but remember, that was supposed to be EM.1.
Commissioner Reyes: That's right.
Ms. Mendez: Right.
Chair Hardemon: So that means that FR.2 -- under the FR (First Reading) agenda, it
would be FR.1, correct?
Todd B. Hannon (City Clerk): Mr Chairman, that's how it appears on the agenda so
could we --
Chair Hardemon: It's the Code amendment. for Chapter --
Mr. Hannon: -- keep it to that number?
Chair Hardemon: -- 23, Historic Preservation, so whatever that is.
Mr. Hannon: FR.2.
Ms. Mendez: Chairman, the Clerk is saying for purposes of our record and our
agenda to please keep it as FR.2.
Chair Hardemon: Okay, FR.2.
Mr. Hannon: Thank you.
Commissioner Reyes: Okay.
Ms. Mendez: Okay I'll read it.
The Ordinance was read by title into the public record by the City Attorney.
Commissioner Reyes: I move it.
Chair Hardemon: It's been properly moved by Commissioner Reyes. Seconded by --
is there a second?
Vice Chair Russell: Mr. Chairman, if I could?
Chair Hardemon: You're recognized.
Vice Chair Russell: I wouldn't be in favor of this as it is for a couple reasons. And it
-- our City's so young and we're losing our history, you know, at such a fast pace that
when it comes time to really look back on what is Miami and where did we come
from, all of the structures that tell our story may be gone. And I understand where
this comes from. The burden of the appeals process and those who have been
designated against their will is something I recognize, and I've learned a lot from this
dais and from our residents, and what they've gone through. I would be very much in
favor of making it easier to appeal, removing financial and time burdens and
simpljing that process, and strengthening the appellant's case. But I don't think we
should be weakening our ability to at least designate historic properties.
Furthermore, I believe procedurally there's an issue with the legislation in that it's
applying a supermajority requirement threshold onto other bodies that may not have
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that threshold to make a positive vote. For example, .someone who is voting in their
independent body to send a recommendation to us or to recommend that, they may say
it passes on a simple majority and they may vote -- folks may vote differently if they
needed to reach a supermajority. But we're imposing on them that they need to come
to a supermajority even to get it to us, and I think that's us imposing rules on other
bodies that we don't necessarily have jurisdiction on. So I would ask the Commission
not to pass this as is. I'd love to take a look at the appeals process better and work
with you to make that easier, but I don't want to weaken our historic preservation
process.
Commissioner Reyes: We are not weakening it. We're making it that it really is
historic and everybody is -- I mean, the majority of the people are in favor of it. And
Francisco, you were in agreement with this. Could you please explain why you were
in agreement with this?
Francisco Garcia (Director, Planning): Thank you, Commissioner. Yes, we've had
an opportunity -- we in the Planning Department and also the Preservation Office --
to work with Commissioner Reyes' office, and also with other stakeholders. And what
I will note is that we feel this ordinance recognizes that historic preservation is often
a contentious topic, and we believe that we are well served as a city in having an
ordinance that allows a more robust and thorough vetting process to designate any
property as historic. We are certainly -- and admittedly -- responsible for the City
Commission's preference as often stated. We're certainly in favor of expanding the
notices, because the more our citizens know, the more they're able to participate. And
lastly, as pertains to appeals, we often hear from many affected stakeholders that the
appeal provisions are not sufficient. And so, expanding those, 1 think, just make the
process more transparent and ultimately when a designation is achieved, that
designate will withstand appeal all the better, and will result in a more
consensualized process in the end. So again, as I briefed all of you, we frankly think
that it is a (UNINTELLIGIBLE) and we stand by it.
Commissioner Reyes: Francisco, isn't it true that now it applies to PZAB (Planning,
Zoning and Appeals Board) that recommends a super majority?
Mr. Garcia: The Planning, Zoning and Appeals Board has for certain items also a
requirement fbr super majority.
Commissioner Reyes: So this is nothing new. This is the only there is that will make
it more robust. I mean, one thing that I don't want is to be so -- declaring historic
everything, like when I first got here. I mean, it was a miracle that I was not declared
historic. I mean, everything was being declared historic. That is -- that's what I'm
doing. Make it more like PZAB, you see, that it requires a super majority. Yes.
Chair Hardemon: Commissioner Carollo.
Commissioner Carollo: And this is a first reading. I will second it.
Chair Hardemon: It's been properly moved and seconded for first reading. Any
further discussion?
Commissioner Diaz de la Portilla: Nope.
Chair Hardemon: Then all in favor, say "aye."
Commissioner Carollo: Aye.
Commissioner Diaz de la Portilla: Aye.
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Commissioner Reyes: Aye.
Chair Hardemon: All against?
Vice Chair Russell: No.
Chair Hardemon: That motion carries.
Commissioner Carollo: What was the vote?
Mr. Hannon: The motion passes 4-1, with Commissioner Russell voting "no."
Commissioner Reyes: Thank you, Commissioners.
END OF FIRST READING ORDINANCES
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BU.1
6743
Office of
Management and
Budget
BU - BUDGET
DISCUSSION ITEM
MONTHLY REPORT
I SECTION 2-497 OF THE CITY CODE OF ORDINANCES
(RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND
BUDGET)
II SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT)
III SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES)
RESULT: DISCUSSED
Chair Hardemon: BU.1, please.
Christopher Rose: Good afternoon, Commissioners. This is Chris Rose, the Budget
Director for the City of Miami. You all received the monthly budget report yesterday
afternoon. In it, I'm sure you saw that the Office of Management and Budget is
projecting a net end-of:year deficit of 25.8 million. That's a combination of the
general fund and the internal service .fund. This means that our reserves would
decrease by that 25.8 million from the end -of -year balance as of September 30,
2019, as reported in our most recent Comprehensive Annual Financial Report, the
CAFR, which at that time was 199.9 million. The undesignated fund balance would
drop from 69.1 million to 40.3 million, which would be below this coming threshold,
the 10 percent, of 77.6 million. And the designated fund balance would actually
grow from 130.8 in the most recent CAFR to 133.8, which would still be above the
10 percent on that designated side of things. So it is expected that primarily due to
GOVID-19, our revenue drop this year will probably put us out of compliance with
our financial integrity principles at the end of this coming year -- at the end of this
current year -- and we will have to take steps next year to address that. So our
revenues that we're looking at are $59.8 million lower than the high that we were
projecting before COVID-19 came into effect and started changing these revenues
and how they were coming in. Everything else is in the report that you all have
received, and it will be up on the Budget Office website by the end of the day today.
And I'll be happy to take any questions you may have at this time.
Commissioner Reyes: Yes, sir. Chair -- through the Chair. I don't know if I heard
right. You said that we're going to be out of financial integrity by the end of the
year?
Mr. Rose: Yes, sir. This past year, we were in compliance on both sides, the
designated and non -designated; 10 percent and the 10 percent. This next year, we
will remain in compliance on the restricted side. We will likely not be in compliance
-- if this projection holds exactly as it is today, we will not be in compliance on the
unrestricted side, that 10 percent. We will not meet that at the end of this year, sir.
Commissioner Reyes: Wow. Do you have any -- that you are preparing some type of
policies in order to either cut costs or bring more revenues?
Mr. Rose: There are a few more things that we are going to do between now and the
end of the fiscal year. Our real hurdle that we're headed towards -- and we are right
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in the middle of it right now -- is preparing next year's budget, based on lower
revenues than we were seeing in the current year. In fact, I should have pointed out
earlier we have received information from the Property Appraiser. As of June 1, we
have the preliminary numbers, which were a roll growth of 6.5 percent of our overall
property tax roll. We had been anticipating a 7 percent, so our property taxes are
that bit lower than what we had anticipated. But all of our non property tax
revenues are the ones that are most affected by COVID-19. Those are the ones that
we're concerned about, both in the current year and next year.
Commissioner Reyes: Okay. Well, anything we can do, I know that -- and I'm
speaking for the rest of the Commission, my fellow Commissioners. I think we are
all in the same boat and we are willing to do whatever we have to do.
Mr. Rose: Thankyou, Commissioner.
Chair Hardemon: Thankyou.
END OF BUDGET
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DI - DISCUSSION ITEM
DI.1 DISCUSSION ITEM
6417
Department of Real
Estate and Asset
Management
A DISCUSSION ITEM, TO BE HEARD BY THE MIAMI CITY
COMMISSION, REVIEWING THE ADMINISTRATION'S FINDINGS,
RELATED TO OLYMPIA THEATER'S FUTURE OPERATION,
WHICH MAY INCLUDE, WITHOUT LIMITATION, PARTNERING
WITH MIAMI-DADE COLLEGE; RELEASING A REQUEST FOR
PROPOSALS; OR, SOME COMBINATION THEREOF.
MOTION TO: Withdraw
RESULT: WITHDRAWN
MOVER: Ken Russell, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
END OF DISCUSSION ITEM
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BC.1
7428
Office of the City
Clerk
BC - BOARDS AND COMMITTEES
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE PLANNING, ZONING AND APPEALS BOARD
FORA TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Arthur Porosoff Mayor Francis Suarez
(Alternate Member)
ENACTMENT NUMBER: R-20-0189
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Chair Hardemon: Boards and Committees.
Nicole Ewan (Assistant City Clerk): Good evening, Chair and Commissioners. BC.1,
Planning, Zoning and Appeals Board: The Mayor would like to appoint Arthur
Porosoff as his alternate member on the board.
Chair Hardemon: Is there a motion?
Commissioner Reyes: Move it.
Vice Chair Russell: Second.
Chair Hardemon: Moved and seconded. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against?
END OF BOARDS AND COMMITTEES
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PZ.1
6760
PART B: PZ - PLANNING AND ZONING ITEM(S)
ORDINANCE
MAY BE DEFERRED
First Reading
Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Planning ATTACHMENTS, AMENDING ORDINANCE NO. 10544, AS
AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL
SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION
163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND
USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL" FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 3069, 3091, AND 3095 PLAZA
STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A," ATTACHED AN INCORPORATED, AND BY
CHANGING THE FUTURE LAND USE DESIGNATION FROM
"DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED
COMMERCIAL" OF THE PROPERTIES LOCATED AT
APPROXIMATELY 3040 CARTER STREET AND A PORTION OF 3065
PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Ken Russell, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item PZ.1, please see "Public
Comments for all Items "
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PZ.2
6761
ORDINANCE
MAY BE DEFERRED
First Reading
Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Planning ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 13114, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM "T3-O," SUB -URBAN TRANSECT
ZONE -OPEN, TO "T4-R," GENERAL URBAN TRANSECT ZONE -
RESTRICTED, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 3069, 3091, AND 3095 PLAZA STREET, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED, AND BY CHANGING THE
ZONING CLASSIFICATION FROM "T3-O," SUB -URBAN TRANSECT
ZONE -OPEN, TO "T4-O," GENERAL URBAN TRANSECT ZONE -
OPEN, OF THE PROPERTIES LOCATED AT APPROXIMATELY 3040
CARTER STREET AND A PORTION OF 3065 PLAZA STREET, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B,"
ATTACHED AND INCORPORATED; GRANTING THE WAIVER OF
TIME LIMITS PURSUANT TO SECTION 7.1.2.8.G.7 OF THE MIAMI 21
CODE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Ken Russell, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item PZ.2, please see "Public
Comments for all Items "
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Meeting Minutes June 25, 2020
PZ.3
ORDINANCE First Reading
4237 MAY BE WITHDRAWN
Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
and Mayor - PZ ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE
SPECIFICALLY BY AMENDING ARTICLE 3, SECTION 3.6, TITLED
"OFF-STREET PARKING AND LOADING STANDARDS", TO ALLOW
PARKING FACILITIES THAT ARE INCIDENTAL AND SUBORDINATE
TO A PRINCIPAL USE IN CERTAIN T5, "URBAN CENTER ZONE," OR
T6, "URBAN CORE ZONE," TO BE PROVIDED ON AN ABUTTING
PROPERTY IN A T3, "SUB -URBAN ZONE," IF THE PARKING
FACILITIES ARE LOCATED IN AN AUXILIARY PARKING AREA AND
SATISFY OTHER SPECIFIC CONDITIONS FOR AREAS ON CORAL
WAY, BETWEEN SOUTHWEST 27TH AVENUE AND SOUTHWEST
17TH AVENUE BY PROCESS OF EXCEPTION; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO: Withdraw
RESULT: WITHDRAWN
MOVER: Ken Russell, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
PZ.4 ORDINANCE Second Reading
6796
Commissioners
and Mayor - PZ
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY
AMENDING ARTICLE 6, TABLE 13, TITLED "SUPPLEMENTAL
REGULATIONS," TO ADD A SUPPLEMENTAL REGULATION FOR
"PUBLIC STORAGE FACILITIES" BY REQUIRING ON -SITE BULK
WASTE DISPOSAL, PROVIDING FOR ALLOWANCE BY WARRANT,
DESIGN REVIEW, SEPARATION/DISTANCE REQUIREMENTS, AND
REGULATIONS WITHIN CERTAIN TRANSECT ZONES, AND
PROVIDING AN EXCEPTION IN LIMITED INSTANCES; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Carollo, Reyes
NAYS: Russell, Diaz de la Portilla
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PZ.4 ORDINANCE Second Reading
6796
Commissioners
and Mayor - PZ
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY
AMENDING ARTICLE 6, TABLE 13, TITLED "SUPPLEMENTAL
REGULATIONS," TO ADD A SUPPLEMENTAL REGULATION FOR
"PUBLIC STORAGE FACILITIES" BY REQUIRING ON -SITE BULK
WASTE DISPOSAL, PROVIDING FOR ALLOWANCE BY WARRANT,
DESIGN REVIEW, SEPARATION/DISTANCE REQUIREMENTS, AND
REGULATIONS WITHIN CERTAIN TRANSECT ZONES, AND
PROVIDING AN EXCEPTION IN LIMITED INSTANCES; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO: Reconsider
RESULT: RECONSIDERED
MOVER: Joe Carollo, Commissioner
SECONDER: Alex Diaz de Ia Portilla, Commissioner
AYES: Hardemon, Russell, Diaz de Ia Portilla, Carollo, Reyes
PZ.4 ORDINANCE Second Reading
6796
Commissioners
and Mayor - PZ
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY
AMENDING ARTICLE 6, TABLE 13, TITLED "SUPPLEMENTAL
REGULATIONS," TO ADD A SUPPLEMENTAL REGULATION FOR
"PUBLIC STORAGE FACILITIES" BY REQUIRING ON -SITE BULK
WASTE DISPOSAL, PROVIDING FOR ALLOWANCE BY WARRANT,
DESIGN REVIEW, SEPARATION/DISTANCE REQUIREMENTS, AND
REGULATIONS WITHIN CERTAIN TRANSECT ZONES, AND
PROVIDING AN EXCEPTION IN LIMITED INSTANCES; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: Item PZ.4 was continued to the July 23, 2020, City
Commission Meeting.
For additional minutes referencing Item PZ.4, please see "Public Comments for all
Items."
Chair Hardemon: All right. Now, we're going to move on to our Planning and
Zoning agenda, because we've completed our morning agenda. Do you need a
second, Mr. Clerk?
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Commissioner Diaz de la Portilla: I second it.
Chair Hardemon: No. Just --
Commissioner Diaz de la Portilla: Oh, does he need a second? I thought you -- do
we need a second.
Commissioner Reves: I (UNINTELLIGIBLE) -- who made the --
Commissioner Diaz de la Portilla: I'm sorry. Was there a motion?
Commissioner Reyes: I'm saying, where's the motion?
Chair Hardemon: He wants to move on. That's his motion.
Todd B. Hannon (City Clerk): Chair, we're good to go.
Chair Hardemon: Okay. So we've already read into the record the Planning and
Zoning part or, Madam City Attorney, you need to read it into the record now?
Victoria Mendez (City Attorney): I would need to read them into the record now. So
Barnaby Min (Deputy City Attorney): It was read into the record.
Ms. Mendez: Which one? The PZs?
Mr. Min: Yes. The procedure for PZ was read into the record.
Ms. Mendez: Oh, the procedures, but not the titles. I thought you were asking the
titles.
Chair Hardemon: No, I'm talking about the procedure. All right. So I think our first
agenda item is PZ.4. It's an ordinance, Madam City Attorney. I'm sorry -- yeah,
PZ.4. Can you read into the record PZ -- the title for PZ 4?
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: Commissioners, there was -- one of the speakers said that they thought
that there could be a -- I don't know -- trademark infringement, I guess, by the use of
public storage . I recommend that if we could change it maybe to self/public storage,
and then that should cover it, if you're so inclined. If not, we can --
Commissioner Reves: Yes, absolutely. I mean, I don't mind how you call it. You can
call it whatever you want. But what I am trying to do is, you know, I know that our
districts -- district -- I mean, Commissioner Carollo, Diaz de la Portilla and myself
we have tremendous amount of public storages, and they don't have the way to keep
the trash inside of the facilities and they don't have the bulk disposal containers and
that are -- when people are moving and they are -- or they are throwing away what
they have in the storages, they come out and they place it next to the disposal, and
then we are the ones that are picking it up. We are the ones that is incurring the cost
of pickup. And I don't think that is right, because they are not paying garbage fees,
you see. They are not paying fees Jrothe bulk trash that we are picking that it was
produced at their place. And the only thing that we want here is just place a
container that's going to be a little bit bigger, and when somebody is going to throw
away whatever they have in those storages, they can place it on that container and
here comes the people that pick up your trash and they were take them with them and
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we don't have our streets littered, and we don't have to incur the cost of taking that
trash. That's the only thing that we want.
Ms. Mendez: Actually, Commissioners, I don't think there's an issue, necessarily, so
we'll leave the legislation as it is.
Vice Chair Russell: Mr. Chairman.
Chair Hardemon: You're recognized, sir.
Vice Chair Russell: This is a question for the sponsor or for Administration, because
I do have concerns about something that was brought up -- I guess it was in public
comment -- about how we could be holding one party responsible for another party's
actions where they can't control that. And so if --
Commissioner Reyes: You're talking about -- excuse me, sir. You're talking about
when he mentioned Cuba? Because that is -- that was very insulting to me that --
Vice Chair Russell: I'm not saying (INAUDIBLE).
Commissioner Reves: Okay, no, I just want to know.
Vice Chair Russell: But I've also been lobbied on this issue by a few people who
brought the point up that when garbage is dumped off -site, without any way to prove
that it came from that storage site, well be holding that storage site responsible. So
15n --
Chair Hardemon: That's not what the legislation says.
Vice Chair Russell: Is that not how it works or was that --
Commissioner Reves: No.
Vice Chair Russell: -- an exaggeration of the legislation?
Chair Hardemon: Just a -- I mean, the legislation says that the facility may be liable
for illegal dumping if proven that illegal dump --
Commissioner Reves: If proven, if proven it's illegal --
Chair Hardemon: -- from a specified public storage facility within a one -mile radius
of the facility.
Commissioner Reves: And they have cameras', you see. All of these buildings, they
have cameras. They very, well could prove that it wasn't theirs, you see? Because
now we have illegal dumping all over the City. And now that we are not picking up
the trash every Wednesday, and I know that Commissioner Hardemon maybe is -- I
mean, he was very concerned about that -- so was I -- that our City was being littered
like it was. But this is -- if it is proven that it came from their premises, then they will
be fined; if not, there is no problem.
Vice Chair Russell: Okay, but that makes my point and that's my concern, because
just because it came from their premises means that one of their tenants took it and
dumped illegally, not them. So we're holding them responsible for what someone else
does, right?
Ms. Mendez: Commissioner.
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Commissioner Reyes: Absolutely, absolutely. If you live in an apartment building
and if you live in an apartment building and you litter the street, and the fine is not
going to be to you. It's going to be towards the owner of the building, you see? It's
the same thing. And the thing is, if somebody comes out and throw it on the street, it
is because they don't have a container that day. And that's what many people have
said, you see, "We don't have any place to place it" — "to put it." Okay?
Chair Hardemon: You're recognized, sir.
Commissioner Diaz de la Portilla: Thank you. I sort of share Commissioner
Russell's concern, because if they don't commit the act and the person who's renting
the facility commits the act, within a mile of that particular facility and we're holding
the facility owner liable for something they did not do, that to me is an unfairness
issue that we're discussing here, because they had nothing to do with the illegal act or
the violation. They just simply rented a facility to someone who may have committed
an act. And then a mile away, they do something wrong, and then you're blaming the
person that didn't have any participation in that wrongful act. And the deep pocket
.fear here is that you -- obviously, if somebody is going to be held liable, it's the person
or the entity that has the most resources to go after that entity. It's not the person that
is renting the place. So, to me, it's sort of a fairness issue. I think Commissioner
Russell's correct. You're holding someone liable fbr someone else's actions, and to
me, that's an unfair practice. And so 1 will not he supporting this one.
Commissioner Reyes: Well, let me ask you something. And the distance could be
negotiated, and it could be — I mean, it could be short. But anything that is in front of
-- and has been dumped in front of the building and we can prove that it was dumped
in front of the building they should pay for it. And, well, it's the same thing that
happens with your house. If you are -- let's say that you're renting a house and a
person comes and they dump in front of the house, in front of your house, they dump
construction material. And here comes -- I would say an inspector . They will fine
the owner of the house, you see. They will fine you; they won't fine your tenant. They
won't fine your tenant, because you should tell your tenant when he gets there, "Don't
you do that. If you do that, I'm going to be fined and then I'm going to pass the fine to
you." You see? And this is what I want. The thing is, Commissioner, that in my
district we have so many of those storage facilities that the trash that has been
dumped in the surroundings is tremendous. And who is picking that trash? That
trash is being picked up by us, and we are the ones that pay fbr the pickup of that
trash that was generated. In fact, if the tenants would say, "Okay, I'll take it with me,
or here is this container," what really -- I mean, I don't know. I cannot understand is
it is just the size of the container that we are deciding. We are not deciding about
hundreds of thousands of dollars, you see? It is just have a container that people can
dump their trash there that is originated within your premises and have your -- the
garbage haulers come and pick it up. Don't throw it in front of the street, you see?
Because we have -- for example, in Calle Ocho, we have a bunch of them and -- close
to my house but — well, a bunch of them. Right here, we have very close to City Hall.
I mean, on 25th or 26, one that we have seen and there was a camera that it captured
tenants dumping trash over there, you see? That is the problem. The problem is I
have how much -- I mean, the difference between a container that is so many feet and
a container that is a little bit bigger, you see. I bet that if you divide that by the
number of little storage units that they have, it will not cost that much, okay. And that
is the problem. I know that I have talked to them and they have come here. And the
only -- most of them agree of what I was doing. You might have a couple of them.
And Mr. (UNINTELLIGIBLE), that he went overboard by saying that this is not Cuba.
I mean, that's a lack of respect to all of the suffering of the people in Cuba, and
comparing this to a regime that incarcerates, shoots and tortures, it is insulting, you
see. It is insulting. But the only thing that I am trying to do is keep our City clean.
That's all I want.
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Chair Hardemon: The public policy question: Should shared public -- what is it
called? It's called public storage facilities . Should they be responsible for the lack
or the dumping of materials within a certain distance from their space, or do you
think that having them have -- or requiring them to have an actual container is good
enough?
Commissioner Reyes: I think that we should start with that, having a large container
and instead of having a distance of a mile or whatever, you see, have them
(UNINTELLIGIBLE) to the storage building, you see, a public storage building close
to them. But I don't want -- what I don't want is that -- it is repetitious, you see. You
pick it up today. You keep on picking up tomorrow. And anytime that somebody
moves and they have, let's say, an old mattress, you see, they come and dump it in
front of us or a couple of feet of way.
Chair Hardemon: I understand what you mean by that, Commissioner. But I would
think if the storage facility has a bin that is a size that is -- that can serve their
customers, I would highly doubt that that person would bypass that bin and dump on
the swale.
Commissioner Reyes: Absolutely right. I agree with you.
Chair Hardemon: So 1 think a good compromise here would be striking the part that
describes the distance of one -mile radius of the, facility and then the rest of it then will
stand, which basically says that you need to have this bin and those people who are
your customers will have to -- basically, they will he using that bin to dump their
things when they're moving.
Commissioner Reyes: I accept that and 1 will have a little caveat. I mean, the only
thing that I wanted to replace that they're responsible for trash that been dumped
immediately in front of -- right immediate of the building.
Chair Hardemon: But I wouldn't imagine that -- for instance -- that's why I'm saying
it. If someone's going to dump -- like if you're dumping in front of my, home and I
make the phone call to 311, "Hey, someone dumped in front of my home." Then 311
is going to come pickup that trash. They're not going to charge me with it unless they
go inside of it and they find that something in there belongs to me, and they realize
that maybe -- that you dumped it, right? If it is dumped and I don't make the call,
typically they're going to try to address it to me, but then I have to explain to them
that it is not my stuff. "You saw it before I did. If I would have seen it, then I would
have called you." It goes along that kind of path. So essentially, in the way that you
described it, if it's dumped in front of their property, there's going to be a question -- I
don't think any businessowner wants any trash dumped outside of their property. You
would not be a responsible public storage facility if you allow people to dump trash
outside of your storage facility. You're going to call and say, "Hey, someone dumped
this trash there." So I would --
Commissioner Reyes: I do --
Chair Hardemon: Like I understand what you're saying, but I think that the
resolution, the way that it's drafted by striking that one -mile radius could be
sufficient. And then if there's some problems, I think we should come back and
readdress it, but let's get it --
Commissioner Reyes: Absolutely. I accept --
Chair Hardemon: You muted yourself for a second.
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Commissioner Reyes: You see, I wanted you guys to know that I am technologically
challenged. I am not a millennial.
Chair Hardemon: (INAUDIBLE).
Commissioner Reyes: I am not a millennial and sometimes I stick my finger where I
shouldn't, and I cannot talk without moving my hands. So I agree with you. I accept
that amendment. I accept it. But we will have -- we would require that they have a
large enough bin that people -- because the objective is for people instead of dumping
on the street, dump in their bin.
Chair Hardemon: Yes, that's the objective.
Commissioner Reyes: That's the objective.
Chair Hardemon: Yes.
Commissioner Reyes: Okay?
Chair Hardemon: Yes.
Commissioner Reyes: Okay.
Chair Hardemon: Okay.
Commissioner Diaz de la Portilla: And 1 know you're trying to seek a -- Mr. Chair, if
1 may.
Chair Hardemon: Yes.
Commissioner Diaz de la Portilla: You're trying to seek a compromise here, but
you're now putting a burden on these storage facilities to provide a bin that they have
to pay for, or do you think they're simply going to pass this on to their customers?
Chair Hardemon: That's usually how --
Commissioner Diaz de la Portilla: That's usually how it works, right?
Chair Hardemon: Yeah.
Commissioner Diaz de la Portilla: So what happens now is the people that depend on
storage facilities being reasonable will now have to pay more to implement a policy
mandated by government that says they had to have a bin. And not only having the
bin there, it's also the removal of that bin and being taken away and all that. You
know, it's very expensive. So that storage facility owner -- this is kind of the law of
unintended consequences. I mean, I think the idea is a great idea. It's well intended
but sometimes the unintended consequence could be more damaging. If you have
someone who wants to rent space, a ten by ten foot space that's affordable to that
person, and now you require that storage facility to have a bin and to remove the bin
probably on a more than regular basis because I'm sure that everyone when they're
emptying out their storage space is going to go straight to that bin and dump
everything they have there. So that thing will be full in the middle of the day. That's
the reality of this. And then all of the sudden they have to have that hauled away, a
new one replaces it and then that's an ongoing process. They're going to pass that
cost to that person renting that space. And then you make that space -- the
affordability of that space for a lot of people now all of a sudden becomes
unaffordable. We have to be careful when we pass these kind of legislations because
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you create something that naay cost of 29.99 or you know, 129 a month or whatever,
all of a sudden, it becomes 160, 170 a month and the people can't afford it. And then
that's kind of a problem. That's why -- that's the reason why they dump it, you know,
a block away or whatever because they don't want it anymore and they have to dump
it. So obviously, holding them liable for -- holding the facility owner liability for some
what some person -- some illegal act the person commits is wrong. But now imposing
on the storage facility owner an additional burden that they're not going to bear --
we're not hurting them. We're hurting the people that are renting the space because
they'll pass on the cost. It's just not good public policy from my perspective. So I
disagree with you, Commissioner. I mean, you're my friend and friends disagree all
the time. Husbands and wives disagree all the time.
Commissioner Reyes: Hey, listen, we're brothers.
Commissioner Diaz de la Portilla: On this one, we disagree.
Commissioner Reyes: We can disagree. That's fine.
Commissioner Diaz de la Portilla: Because I say --
Commissioner Reyes: But let me tell you this.
Commissioner Diaz de la Portilla: But I'll tell you why 1 disagree because 1 think the
law of unintended consequences really applies to this situation. We have a lot of
people that have very little space in their homes and their apartments that they live
on. Many low-income people don't have enough space. They rent smaller units and
they live -- multiple people live in the household and they have to resort -- they have
no choice but to rent storage space to put valuables and their memories and their
photo albums and things of that nature. They have no choice. That's already
expensive as it is. It's very expensive to do that. And now you're imposing an
additional burden on them because it's going to be passed on to them, and that's a
reality. That's the result of this policy if we enact.
Chair Hardemon: So (INAUDIBLE) --
Commissioner Reyes: Let me ask -- excuse me, let me answer that. I disagree with
you. Low-income people, they don't have -- I mean, they don't rent storage space
because they don't have enough property to rent it. But the example that you're
placing is the same thing as an apartment building. I mean, we make the
responsibility of the garbage of that apartment building falls into the management.
And if you -- I just want to know -- I know that there are intend -- unintend -- there
are consequences. I am an economist. I know that the cost is going to be passed on.
But what I want to know is the additional cost -- when you divide the additional cost
into the number of units that they have, that that is going to increase substantially
from 120 to $40 a month because then they will not be renting a small bin. They are
renting the bin, the truck and the (UNINTELLIGIBLE), okay. That's what's going to
happen, you see. I think that the additional -- they have the bin already.
Commissioner Diaz de la Portilla: For Commissioner Hardemon,
(UNINTELLIGIBLE) is the whole shebang. It will translate to you as kind of the
whole shebang. That (UNINTELLIGIBLE), so you know.
Commissioner Reyes: Thank you for the translation.
Commissioner Diaz de la Portilla: Maybe Commissioner Russell understands it.
Commissioner Reyes: He does, he does. I know he does. He heard that in Venezuela.
But what I'm saying is they have a bin already, Commissioner, they do. The only
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thing that I want them is to make it bigger, you see. Make it in a way -- and somebody
has to be liable for the cleanliness of our City, you see. It is not that we are -- let me
tell you. On the top of nay mind, I started thinking of people that have rented space in
those public storage units, and none of them is low income. None of them.
Commissioner Diaz de la Portilla: I disagree with that.
Commissioner Reves: Okay, none of them is low income. Now, granted there are
some people that they have businesses, you see, and they use those as storage. That is
true. But what we want is just have a large bin that please keep our streets clean, and
if not, why should we pay? They are a business. Why should we pay -- we pay -- the
garbage collection from somebody that is making -- the business is the one that is
producing it? You see, that's the only thing that I want. I want to keep -- if you have
a better idea of having -- of keeping our streets clean --
Commissioner Diaz de la Portilla: I don't.
Commissioner Reyes: -- I mean, I'm open.
Commissioner Diaz de la Portilla: I don't. I don't have a better idea at this point.
But I do think that the business -- the storage facility is not the one that's producing
that garbage, it's the person renting that storage .facility.
Commissioner Reves: That's right.
Commissioner Diaz de la Portilla: It's the person illegally disposing of those goods
or those things in different parts of the City. So it's not -- you're basically holding
someone responsible for someone else's actions, no matter who it is.
Commissioner Reyes: Would you do that when you have -- you do that when you hold
responsible an apartment --
Commissioner Diaz de la Portilla: But two wrongs don't --
Commissioner Reyes: -- building that has tenants --
Commissioner Diaz de la Portilla: I know that, but --
Commissioner Reyes: -- that they produce garbage? You're holding them
responsible.
Commissioner Diaz de la Portilla: But two wrongs don't make a right so --
Commissioner Reyes: No, and it doesn't make a right. No, that's the way it is.
Commissioner Diaz de la Portilla: But it doesn't matter if that's the way it is. Two
wrongs don't make a right. And to hold people responsible for irresponsible people's
actions is not the right way to do things, I think, and much less, a mile away
(INAUDIBLE).
Commissioner Reyes: Well, could you please enlighten me and say, I mean, how are
we going to do -- I mean, shall we do away with garbage collection in the apartment
buildings? Because it is not produced by the owner. The owner is the one that is -- I
mean, pay for the garbage collection. Then they are responsible for all the garbage
that is produced by the tenants, you see. And then what are we going -- it's not that it
is two wrongs. That's the way it is. You have a business; you're responsible for all
the -- what that building -- I mean, all the services that that building requires, you see.
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Chair Hardemon: So if I may. Commissioner Reyes, I would agree with you. If there
was an apartment complex, for instance, and they had a certain size bin and the bin
was too small, and every time you went -- and actually, matter of fact, I can tell you
exactly what is happening. This happens and it used to happen quite often at Liberty
Square, right? At Liberty Square, our office took decisive action to demand that
Miami -Dade County Housing provide larger bins and more frequent pickups to
Liberty Square. Why? Because frequently, what you saw was that the bins were over
capacity. And when they were over capacity, people had no choice but to put the
trash that they had next to the bin on the ground. And so when you would drive
through the neighborhood, it was unsightly because all of the trash was everywhere
on the ground. And the reason that the trash was everywhere on the ground was not
because -- well, it was because the frequency of the pickups were too spaced out,
right? And so you didn't have enough frequency. And when you don't have enough
frequency, you have trash that ends up everywhere. And so what they ended up doing
was increasing the frequency, which eradicated the problem of trash being thrown on
the ground because the garbage was too full. The residents would typically -- if the
garbage was not full, they would put the trash in the garbage, like you know decent
people would. But you leave this up to a situation where people don't have a choice
and then they make decisions that are deleterious to the community. And so in this
case -- right? -- if you look at the apartment complex as a business, the business will
be cited if the conditions caused by that business are deleterious to the community.
And so in this category, I'm looking at it and I'm saying, we've stricken the part that
says that they're responsible for the one -mile radius. I can understand why that's a
problem -- right? -- because you're trying to you're assuming that you're attributing
the hulk trash to those -- to that place and that's not necessarily true, so we strike that.
And so, the last part that we have that we have to question is whether or not it is good
public policy to require a place that usually has bulk storage to have a bulk trash
disposal. What do the people do when they're moving out, or they're evicted, or their
space is sold because of nonpayment? What do they do with that bulk trash? I would
assume the business -- if the person was removed from the space because of not
paying, they would dispose of the property after maybe having a sale and that sale
didn't sell all the things. I would assume they would dispose of it responsibly. But if a
person, for instance, just grabbed their stuff and says, "I'm moving out of this place.
I'm going to grab my things, " and I decide that I don't want something, that person --
is that person more likely than not to try to illegally dump it in the community? I
think that's a -- I can see that happening, that someone decides, "Yeah, I've been
paying $50 a month. I don't want this stuff anymore and so I'm just going to dump it
when I get out of this facility. " And if that is true, then is it too much to ask to require
a public storage facility to have a bulk --
Commissioner Diaz de la Portilla: Bin.
Chair Hardemon: -- waste bin so that the people who do decide that they don't want
something anymore, they can just put it in that bulk waste bin as a service, and with
that, they can move on and we don't have any illegal dumping from that particular
business in the area? To me that sounds like a reasonable thing to ask for someone
engaged in this type of business. It's like -- to me it's like requiring an adult
entertainment place to have security guards. You know, it's the business that you're
engaged in and people are more likely to be drinking and maybe get upset and you
need security, so it's responsible for you to hire security. And I'll add as well that -- I
mean, they're the business. They can decide if they want to just immediately pass it on
to all of their renters, or if they want to only make it a service where if you need it,
you're going to pay for it right then and there. That would probably cost you to move
on as well to dump it -- to do it that way, but that's a businessman's issue. And so
that's the reason why I can see the way that it is written now with the last part being
stricken, why it's acceptable to me. So I would love to hear -- because we already
know where Commissioner Diaz de la Portilla is on it and Commissioner Reyes. So I
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would love to hear any other Commissioners, or we can go to a vote and just simply
vote it up or down. So is there anyone that would like to -- Mr. Garcia, you want to
comment?
Francisco Garcia (Director, Planning): Yes, briefly, thank you, and perhaps to offer
some level of comfort. First, a disclaimer. I don't claim (UNINTELLIGIBLE). That
goes to Commissioner Reyes' office, who proffered this amendment. But I have to say
that it was very welcome by us because in doing research in best practices as to what
regulations worked to manage the amount of potential trash that could ensue from
these public storage facilities, this is a rule, a regulation, that exists in other
municipalities and has worked relatively well. The requirement for a warrant is
already embedded in this ordinance. And the reason for the warrant itself is actually
to do an analysis of the proposal to control against potential adverse impacts. And a
potential adverse impact of a public storage facility is certainly the waste that could
be strewn about that comes out of it. So in terms of having the on -site bulk waste
disposal bin, that is simply best practice. And the only added feature which actually
works very well is to include in this process the Solid Waste Director's Office so that
they can help right size the bin, so it is appropriate to the size of the storage that takes
place onsite. So frankly, we recommend it and we think it's very good policy and we
recommend it to go 16rward.
Chair Hardemon: So, Mr. Clerk, was there a motion or a second put on the --?
Commissioner Reves: 1 moved it.
Mr. Hannon: There is no motion at this time.
Chair Hardemon: Okay. Commissioner Reyes would --
Commissioner Reves: 1 move it.
Chair Hardemon: You will move it with the amendment?
Commissioner Reyes: Yes, sir, with the amendment.
Chair Hardemon: Alright, then I'll second it as the Chairman. Any further
discussion? Seeing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against?
Commissioner Diaz de la Portilla: No.
Chair Hardemon: The motion carries, 3-2.
Chair Hardemon: PZ.6.
Vice Chair Russell: Mr. Chair.
Todd B. Hannon (City Clerk): Chair, my apologies. I know that Commissioner Diaz
de la Portilla was a no. Who was the other no?
Chair Hardemon: The Vice Chairman.
Mr. Hannon: Okay, so 3-2; no: Commissioner Diaz de la Portilla and Commissioner
Russell.
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Later...
Victoria Mendez (City Attorney): Commissioner Carollo.
Commissioner Carollo: Yes. If we could go back to PZ.4. I was under the
impression this was first reading but --
Chair Hardemon: Do you have a motion, sir?
Commissioner Carollo: Well, I'm going back to PZ.4. It says, "second reading." I
thought it was first reading, and I'm not seeing how the vote was in the first reading.
Chair Hardemon: What was the vote on first reading?
Commissioner Carollo: It's not here.
Chair Hardemon: Oh. Mr. Clerk, do you have the vote on the, first reading, for PZ. 4?
Todd B. Hannon (City Clerk): Yes, sir. For PZ.4, it passed at the November 21, 2019
City Commission meeting on first reading. It was moved by Commissioner Reyes,
seconded by Commissioner Gort, and it passed unanimously, 5-0.
Commissioner Carollo: Okay. Let me -- if 1 could make a motion for consideration?
Commissioner Diaz de la Portilla: I second that motion.
Chair Hardemon: It's been properly moved to reconsider. There's no debate on the
motion for reconsideration.
Commissioner Reyes: Okay, here we go again.
Chair Hardemon: Alt in favor of the motion to reconsider, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against?
Commissioner Reyes: Go right ahead.
Commissioner Carollo: What was the amendment that was approved --?
Chair Hardemon: Motion passes to reconsider.
Commissioner Carollo: There was an amendment --
Chair Hardemon: The amendment --
Ms. Mendez: We took out the radius.
Chair Hardemon: Yeah. The amendment that was provided was to remove -- that the
facility, may be liable for illegal dumping if proven that illegal dumping originated
from the specified public service -- storage facility within a one -mile radius of the
facility. So that part that gave them the --that really put the burden on them if
someone dumped within one mile, and it could be proven that it came from that
facility, that burden was removed.
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Ms. Mendez: Right. But everybody understands that if they find -- right now, as our
ordinances are drafted for solid waste, if you find solid waste dumped in front of this
facility, even if we remove that, it's still going to be presumed that they are liable for
it. I don't want to --
Commissioner Reves: Without this, I thought --
Ms. Mendez: Even if we remove "a one -mile radius" thing, if it's dumped right in
front --
Commissioner Reves: No, even if we remove the one -mile radius, even if we don't
pass this --
Ms. Mendez: Right.
Commissioner Reyes: -- they will -- even if we don't -- there is no measure taken, if it
is in front of the -- it's just like in an apartment building. It's the same.
Ms. Mendez: Correct, correct.
Commissioner Diaz de la Portilla: Then why do we need this?
Commissioner Reves: In order to avoid dumping in the street.
Chair Hardemon: No, no. No, no, no. Well, yes, but the reason that this is proposed
is to add the bulk waste container to the --
Commissioner Reyes: Absolutely.
Ms. Mendez: Right.
Commissioner Reves: That's all.
Ms. Mendez: To mandate a bulky waste container like we do for apartment buildings.
Commissioner Carollo: I would present a motion to defer this. If it's not accepted,
then I'm going to present a motion to disapprove it. So I would present a motion to
defer this item.
Commissioner Reyes: Defer to when, sir?
Commissioner Carollo: For the last July meeting.
Todd B. Hannon (City Clerk): July 23.
Commissioner Reyes: May I ask what your concerns are, sir? Just to -- because I
remember when we first presented this, you were not in favor because you are a
victim of (UNINTELLIGIBLE) just like we are in my district.
Commissioner Carollo: Yeah. Well, we're all victims in all districts of dumping.
Commissioner Reyes: That's right.
Commissioner Carollo: I don't think there's a district that has more dumping than
(UNINTELLIGIBLE).
Commissioner Reyes: Sure.
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Commissioner Carollo: That's why I have staff members almost on a daily basis
going out identifting dumping sites and reporting then to the Solid Waste
Department.
Commissioner Reves: So do I.
Commissioner Carollo: Quite a few things here that I want to look at better so that if
this is going to be approved, it's really tightened in a way that it's fair across the
board. And I apologize. In the last weeks, I've had a lot of stuff that I've had to deal
with that I haven't looked at this closer; that's why I missed the second reading aspect
of it. But this is only a deferral to the last meeting in July, so a one -month deferral.
Commissioner Reyes: I accept it. And if you want to make it better that's fine.
Commissioner Carollo: Okay.
Commissioner Reyes: And if you have any additional input for it, it is fine. I mean, I
accept it. The thing -- my problem is, you see, I'm not here trying to pass a legislation
in order to get recognition or anything. What I want is to improve the quality of life
of my City. And that's the other thing. And I accept your -- and if you have a
concern, and you want to make it tight, that's fine. Let's go.
Commissioner Carollo: I'm not -- you know, in no way have 1 said anything what
your intentions are.
Commissioner Reves: Okay, sir. Thank you.
Commissioner Carollo: You know, do not speak for me.
Commissioner Reyes: I am not talking for you.
Commissioner Carollo: I have not said a word about your intentions or anybody's
intentions. I want to be very precise and sure on how this is going to be put together.
Frankly, the biggest problem that I've had is that I don't believe that under Miami 21,
all these places should have been approved in many of the areas they've been
approved in. And they went up overnight, within a couple of years, and they're in
places that it's obscene where they're at.
Commissioner Reves: Yeah.
Commissioner Carollo: That's another issue that we're not dealing with here.
Commissioner Reyes: But we should deal with it in the near future.
Commissioner Carollo: Well, we did by --
Commissioner Reyes: Yes, sir; by a moratorium.
Commissioner Carollo: (INAUDIBLE) City Attorney to do that we've discussed
already --
Commissioner Reyes: That's right.
Commissioner Carollo: -- where no more of these facilities would be allowed in all
the areas that you see them now in. That would stop it in a big way, because before
they were industrial zones. Then all of a sudden, the criteria was changed and it was
interpreted that now, they could be placed within neighborhoods. And this is what's
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PZ.5
5310
Commissioners
and Mayor - PZ
really created this whole dumping situation, when you put it inside neighborhoods, in
places that really I believe -- as one vote here -- that it should never have been
approved. So --
Commissioner Reyes: I agree with it.
Commissioner Carollo: -- I made a motion to defer; Commissioner Reyes seconded.
There's no further discussion. If we could have a roll call.
Chair Hardemon: So it's been properly moved and seconded to defer to the second
meeting in July. Is there any discussion about that motion on the floor? Seeing no
further discussion, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? That motion carries.
ORDINANCE First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21"); MORE
SPECIFICALLY, BY AMENDING ARTICLE 1, SECTION 1.2, TITLED
"DEFINITIONS OF TERMS," TO MODIFY THE DEFINITIONS OF
ATTAINABLE MIXED -INCOME HOUSING AND WORKFORCE
HOUSING; BY AMENDING ARTICLE 3, SECTION 3.15, TITLED
"AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING
SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO
ADD NEW INCENTIVES INCLUDING A FLOOR LOT RATIO ("FLR")
BONUS AND NEW MINIMUM UNIT SIZES FOR THE DEVELOPMENT
OF PROJECTS, PROVIDING HOUSING FOR MIXED -INCOME
POPULATIONS AT OR BELOW ONE HUNDRED FORTY PERCENT
(140%) OF AREA MEDIAN INCOME AS ESTABLISHED BY THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, AND TO PERMIT AFFORDABLE AND ATTAINABLE
MIXED -INCOME DEVELOPMENTS ABUTTING A T3, "SUB -URBAN
ZONE," TRANSECT ZONE BY PROCESS OF EXCEPTION WITH CITY
COMMISSION APPROVAL; CLARIFYING LANGUAGE WITHIN MIAMI
21; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Ken Russell, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item PZ.5, please see "Public
Comments for all Items "
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PZ.6 ORDINANCE Second Reading
7256
Department of
Planning
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21"); MORE
SPECIFICALLY, AMENDING APPENDIX "A" OF MIAMI 21, TITLED
"NEIGHBORHOOD CONSERVATION DISTRICT," TO INCORPORATE
ADDITIONAL HEIGHT ALLOWANCES AND FREEBOARD IN THE
FLOODPLAIN; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 13910
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Ken Russell, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Chair Hardemon: Alright. Can you read PZ.6 into the record, please, Madam City
Attorney?
Victoria Mendez (City Attorney): PZ.6.
The Ordinance was read by title into the public record by the City Attorney.
Vice Chair Russell: So moved.
Chair Hardemon: Was that a motion now, Commissioner Russell?
Vice Chair Russell: Yes, please.
Chair Hardemon: Is there a second to the motion?
Commissioner Reyes: I will second it, Mr. Russell, because I think it's a good idea. I
don't have anything -- I think that we should allow the additional height allowance
and freeboard in the floodplain. That's -- we're getting ready for sea level rising.
That's what you want, Mr. Russell? Is that the idea?
Vice Chair Russell: Yes. And we've already passed this throughout the City. This
would just allow us to do it in the Neighborhood Conservation Districts, as well.
Commissioner Reyes: That's right.
Vice Chair Russell: Thank you.
Chair Hardemon: Any further discussion?
Commissioner Carollo: On which one now are we talking about?
Chair Hardemon: PZ.6.
Commissioner Carollo: Hold on. Okay.
Chair Hardemon: All right. So no further discussion, all in favor, say "ay
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The Commission (Collectively): Aye.
Chair Hardemon: All against? The motion passes.
PZ.7 RESOLUTION
6528
Department of
Planning
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, GRANTING OR DENYING THE APPEAL FILED BY
VILLAGE MONTESSORI SCHOOL OF A PLANNING, ZONING AND
APPEALS BOARD ("PZAB") DECISION AND AFFIRMING OR
REVERSING PZAB'S DENIAL OF AN EXCEPTION PURSUANT TO
ARTICLE 4, TABLE 3 AND ARTICLE 7, SECTION 7.1.2.6 OF
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW A PRE-
SCHOOL/CHILD CARE FACILITY FORA MAXIMUM OF 186
CHILDREN ON THREE (3) PARCELS LOCATED WITHIN A "T4-R,"
GENERAL URBAN TRANSECT ZONE - RESTRICTED, AND "T6-8-O,"
URBAN CORE TRANSECT ZONE - OPEN, FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 1267 SOUTHWEST 22 STREET,
1292 SOUTHWEST 21 TERRACE, AND 2149 SOUTHWEST 13
AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING ASEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Ken Russell, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
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PZ.7 RESOLUTION
6528
Department of
Planning
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, GRANTING OR DENYING THE APPEAL FILED BY
VILLAGE MONTESSORI SCHOOL OF A PLANNING, ZONING AND
APPEALS BOARD ("PZAB") DECISION AND AFFIRMING OR
REVERSING PZAB'S DENIAL OF AN EXCEPTION PURSUANT TO
ARTICLE 4, TABLE 3 AND ARTICLE 7, SECTION 7.1.2.6 OF
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW A PRE-
SCHOOL/CHILD CARE FACILITY FORA MAXIMUM OF 186
CHILDREN ON THREE (3) PARCELS LOCATED WITHIN A "T4-R,"
GENERAL URBAN TRANSECT ZONE - RESTRICTED, AND "T6-8-O,"
URBAN CORE TRANSECT ZONE - OPEN, FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 1267 SOUTHWEST 22 STREET,
1292 SOUTHWEST 21 TERRACE, AND 2149 SOUTHWEST 13
AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Reconsider
RESULT: RECONSIDERED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
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Meeting Minutes June 25, 2020
PZ.7 RESOLUTION
6528
Department of
Planning
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, GRANTING OR DENYING THE APPEAL FILED BY
VILLAGE MONTESSORI SCHOOL OF A PLANNING, ZONING AND
APPEALS BOARD ("PZAB") DECISION AND AFFIRMING OR
REVERSING PZAB'S DENIAL OF AN EXCEPTION PURSUANT TO
ARTICLE 4, TABLE 3 AND ARTICLE 7, SECTION 7.1.2.6 OF
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW A PRE-
SCHOOL/CHILD CARE FACILITY FOR A MAXIMUM OF 186
CHILDREN ON THREE (3) PARCELS LOCATED WITHIN A "T4-R,"
GENERAL URBAN TRANSECT ZONE - RESTRICTED, AND "T6-8-O,"
URBAN CORE TRANSECT ZONE - OPEN, FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 1267 SOUTHWEST 22 STREET,
1292 SOUTHWEST 21 TERRACE, AND 2149 SOUTHWEST 13
AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: Item PZ.7 was deferred to the September 10, 2020, City
Commission Meeting.
For additional minutes referencing Item PZ.7, please see "Public Comments for all
Items."
Commissioner Carollo: One additional thing that I would like to ask -- and this is
within my district -- and this is the deferment that wasrequested on PZ7. I think the
Governor's order is that we have virtual meetings until August 1st. I don 't know if
he's going to extend it or not. But -- and I don't know if we're going to have any
virtual meetings if it's extended, or if not, live meetings in August. Does the
Administration know if we're planning to have any meetings in August?
Commissioner Reves: No meetings in August.
Art Noriega (City Manager): There are none planned as of now.
Commissioner Reves: And I am going to be out of here.
Commissioner Carollo: Alright.
Commissioner Reyes: We all need a vacation.
Commissioner Carollo: So what I'd like to do, Mr. Manager, is that in September if
we're still in virtual meetings and the Governor has extended the emergency
ordinance to that to have virtual meetings, and we're not going to be able to meet in
enclosed places like this, I'd like to present a resolution that we meet in Bayfront Park
under the Bandshell, which you could put a lot of us spread 10 feet apart and there's
plenty of room for people to come and speak so we could deal with this item and this
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way, it's in the public, and there are no excuses whatsoever because this needs to be
dealt with for those neighbors once and for all. They don't have the dollars that the
person that's coming with this school has to pay for attorneys. And this is only fair to
the people in that neighborhood that this be heard as soon as possible.
Chair Hardemon: What item is this? I'm sorry, sir, I missed the item.
Commissioner Carollo: PZ.7.
Ms. Mendez: PZ.7. The Montessori school. Commissioner Carollo, I just want to
clam, it would be the first meeting in September, and you wish to move the meeting
from City Hall to the Amphitheater.
Commissioner Carollo: No, no, I'm not saying that. What I am saying is that if we
would not have live meetings in September at City Hall, then what I would like is to
have a special meeting at Bayfront Park. It's going to be open air and we'll have, fans
to make it even cooler to deal with this item.
Commissioner Reyes: Mr. -- Commissioner Carollo, don't you think that it's a little
bit too hot. I mean, why don't we meet in some place that there is air conditioning? I
agree with vou. This is a very important decision to make, you see, but you know --
Commissioner Carollo: You know of a place that's big enough --
Commissioner Reves: Well, how about James L. Knight Center?
Commissioner Carollo: -- criterias that we have to all abide by? I'll be happy to
hear any other suggestion.
Commissioner Reyes: No. I'm just suggesting, you know, maybe the James L. Knight
Center, which is huge. You see, we can meet there, and it has air conditioning and all
that, because that way we don't have people that they are concerned about this if they
going to be under the sun, you see. And it is hot in September, it's hot. I don't mind.
I can take the sun.
Commissioner Carollo: I don't mind if it's there. The only question is the parking
there is pretty expensive so --
Commissioner Reyes: It is, it is. You have a point.
Commissioner Carollo: (UNINTELLIGIBLE) where at Bayfront Park --
Commissioner Reyes: You have a point.
Commissioner Carollo: (UNINTELLIGIBLE) come forward and we could provide
free parking. But outside of that --
Chair Hardemon: If you're at Bayfront Park, you can park at Bayfront Park free
parking and take the Metromover though, right? The Metromover is free. That goes
to --
Commissioner Carollo: It is, Commissioner, but not everybody is well versed in the
Metromover. But I just want to be able to deal with -- if we don't have a meeting, a
live meeting in September, I don't mind the Manager picking a site within the City
that's acceptable so that we can deal with this and the public can come. Even maybe
the Artime --
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Commissioner Reyes: Maybe Artime too.
Commissioner Carollo: -- might be one that we could use.
Art Noriega (City Manager): Yeah. We could look at the Gusman as well. The
Olympia is another option, all of which are in close proximity to parking the City
controls and we could provide validations if needed.
Commissioner Reyes: But I support Commissioner Carollo's concern about this. And
I know that this is very important for the neighborhood and they should all be able to
come in person and express their concern.
Commissioner Diaz de la Portilla: Mr. Chair.
Chair Hardemon: You're recognized, Senator.
Commissioner Diaz de la Portilla: Yeah. And I think for planning purposes, we
should probably consider other issues that are high- profile issues -- let's call them
that for lack of a better tern -- other issues that are going to have a lot of public
input, you know, perhaps even the Carrollton School and the Rickenbacker Marina
and other issues that are high profile issues that we should do in that kind of a forum,
where the lawyers and the public, and everybody can come in person and testify. This
Zoom world we're living in now 1 don't think lends itself to advocates having the right
to come before this body and express their opinion in the most open way possible. So
for issues that are important issues for the City, of Miami and have long-term impact
on the City, 1 think it's important to have a real meeting, instead of a virtual meeting.
And if that meetings going to be in September, if this continues, then it should be in a
venue that is comfortable, that has free parking. 1 have no problem with Bayfront
Park. 1'd put a lot of fans out there. But perhaps James L. Knight, if we can provide -
- it's a City -owned facility so we can probably provide -- you know, we can validate
parking there. But not only deal with one issue. In other words, kind of -- for
planning purposes, Mr. Manager, perhaps you put together a number of issues for
that first September meeting and we can tackle them or begin to tackle them at least at
that meeting.
Commissioner Carollo: I'd be fine with that.
Chair Hardemon: Yeah. I -- you know, Senator --
Commissioner Reyes: I'm fine with that too.
Chair Hardemon: -- extraordinary circumstances, you know, require extraordinary
decisions, right? And so, I think that makes a lot of sense. We've had remote
meetings for other issues. For instance, in our CRA (Community Redevelopment
Agency), we've had remote meetings on the street just so we can highlight what was
happening in that area. I know that we've done that in the past. And so, I'm certainly
open to do that for other issues. And I mean, that begs the question, like for instance,
today we have the PZ 8 and PZ.9 -- right? -- so is that something that should be
handled -- because I know a lot of people want to have these meetings sorts of
meetings --
Commissioner Reyes: Yes.
Chair Hardemon: -- where they can participate -- you know, where they can
physically participate, if you will. And so --
Commissioner Reyes: We can include this too.
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Chair Hardemon: You know, is that something that we're considering for
(INAUDIBLE) ?
Commissioner Carollo: The only thing that I would --
Commissioner Diaz de la Portilla: We all know -- I think we all know the ability to
persuade is a lot -- you're more effective at persuading in person then you are over
the internet or a Zoom meeting.
Chair Hardemon: Yeah.
Commissioner Diaz de la Portilla: So I think both pros and cons of people that are
for or against something should have the ability to come before us and persuade us
and advocate for their position. And I think it's a lot easier to do it in person. It's
more effective for the parties involved. It's fairer to the general public that we have
that kind of -- that we give them that opportunity. And we're also getting a lot of
hours of public testimony of people that don't even live in the City of Miami.
Commissioner Reyes: Absolutely.
Commissioner Diaz de la Portilla: Hours that are not -- our responsibility and our
time should be dedicated to the citizens of the City of Miami, period. And they're the
ones that have all the right in the world to come and testify before us and advocate for
one position or another. But we shouldn't he having these three hours of public
testimony taped that are from outside the City of Miami that have no impact, have no
consequences to what they say and no impact on what they say to our residents. So
big -ticket issues that matter that we're going to be discussing -- we know we have
about six or seven and I don't want to go through them because we could start a
whole new debate. But we have six or seven that we're going to be debating in the
next two or three months and it should be done in a live forum, not in a virtual forum.
Chair Hardemon: Madam City Attorney.
Commissioner Diaz de la Portilla: That's my two cents.
Victoria Mendez (City Attorney): Thank you. I just wanted to clarify two things.
One, PZ. 7 was indefinitely deferred, so that would mean that we would have to -- we,
the City, would potentially have to pay for the cost of re -noticing. If you pick today --
and that's why I asked, Commissioner, if we wanted a remote location for the first
meeting in September because we also have to designate that location in a resolution,
preferably if we can do that in the next meeting, because if not, we have to have the
meeting at City Hall. So that's the two issues. One, if we want to at least get a date
certain, so the first meeting in September or a special meeting, if you want. But you
do the first meeting in September and then the Administration has time to figure out
what location, and then at the next Commission meeting, we do a resolution
designating the location, the time and place. Because if not, we can't do it at Bayside
Bayfront or wherever, Artime or, you know, where you want to do it without that
resolution. So those are the two issues that I wanted to bring up.
Commissioner Diaz de la Portilla: So Mr. Chair, through you, if may. So we could
do the first week of July, decide, and then in the last week of July, set the location and
all that -- correct? -- and kind of say it's going to be at Bayfront Park on September
whatever --
Chair Hardemon: That's correct.
Commissioner Diaz de la Portilla: -- at 9 o'clock.
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Ms. Mendez: You can.
Commissioner Diaz de la Portilla: You have to do it. We still have time, in other
words.
Ms. Mendez: Yes. You have time to set the location, but if you want to at least set the
date of that first meeting in September so that we don't have to re -advertise and all
that. Just a thought.
Commissioner Diaz de la Portilla: Well, the date is the date, right? The date is the --
Ms. Mendez: Well, right now, it's indefinitely deferred. That item is indefinitely
deferred.
Commissioner Diaz de la Portilla: Oh, okay.
Ms. Mendez: I know that we're talking about it, but I just wanted to bring up those
two points.
Commissioner Carollo: Well, what motion do you need from us?
Commissioner Diaz de la Portilla: A reconsideration probably to not indefinitely
defer it and undo it.
Ms. Mendez: Correct with a date and then --
Commissioner Diaz de la Portilla: With a date.
Ms. Mendez: -- once the Manager gives us a location, then you do that motion at the
July meeting --
Commissioner Reyes: Okay.
Ms. Mendez: -- either of the July meetings.
Commissioner Reyes: Okay. I'll make a motion that we reconsider the deferment of
PZ. 7. And instead of indefinitely deferred, to hear this in the first meeting in --
Chair Hardemon: Well, first motion is to reconsider.
Commissioner Reyes: Okay, to reconsider.
Chair Hardemon: It's seconded by the Chair. There's no discussion. All in favor, say
"aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? That motion carries.
Commissioner Reyes: Commissioner Carollo, when do you think that we should hear
this, the first or the second meeting in September?
Commissioner Carollo: I think we should hear in the first part of September.
Commissioner Reyes: The first meeting in September.
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Mr. Noriega: That would be September 101i. That would be the September 10'
meeting.
Commissioner Reyes: September 10 meeting, okay.
Francisco Garcia (Director, Planning): If I may very briefly, just briefly to suggest
the following. I believe that, as you well stated, this particular item is likely to bring
many, many concerned citizens. They are all expecting notification. So to readvertise
on this particular item I think makes perfect sense, notwithstanding the expense it will
be somewhat nominal and we can absorb it in the Planning Department as part of our
budget. But to readvertise, frankly, I think makes a lot of sense and I'd invite you to
consider that.
Commissioner Reyes: Okay.
Chair Hardemon: Should that be a special meeting though? Should it be handled on
the 10`h, or should it be a special meeting?
Commissioner Reyes: Is that -- don't we have a regular meeting?
Chair Hardemon: Right. We have a regular meeting on the 10t'. But we will hold
our regular meeting at that location.
Commissioner Reves: At that location, yes.
Mr. Noriega: Correct.
Chair Hardemon: Okay, understood. Okay.
Commissioner Reves: That's the motion.
Chair Hardemon: So the motion was to defer it to the --
Commissioner Diaz de la Portilla: Second it.
Chair Hardemon: (UNINTELLIGIBLE) the motion, please. Clark the motion for
me. I'm sorry.
Commissioner Reves: Sure.
Chair Hardemon: I'm asking. Mr. Clerk, do you know the motion?
Todd B. Hannon (City Clerk): It's to defer Item PZ.7 to the September 10' City
Commission meeting.
Commissioner Reves: That's right.
Chair Hardemon: Properly moved, seconded by the Chair. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: That motion carries.
Commissioner Reyes: That takes care of that.
Vice Chair Russell: Through the Chair.
Chair Hardemon: You're recognized, Vice Chairman.
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Vice Chair Russell: Madam City Attorney, just a question on it so I fully understand
because now we're going to be looking at these next two items, the PZ 8 and 9.
Ms. Mendez: I'm sorry, Chairman, really quick, Vice Chairman. Before you talk
about PZs 8 and 9, Commissioner Carollo?
Commissioner Carollo: Do you want to speak or --?
Ms. Mendez: Okay. Commissioner Carollo has a conflict.
Vice Chair Russell: No. I'm not going into PZ --
Chair Hardemon: This is procedural.
Ms. Mendez: Oh, okay, okay.
Vice Chair Russell: (INAUDIBLE) with the deferral. It was -- the last one was an
indefinite deferral, which could have been brought back at any time. So even if we
wanted to bring it back in September, we should have been able to do that without a
problem. So wouldn't that be the same thing -- for example, PZ.8 and 9, if there's a
will to defer that one as well, what would be the difference between saying -- setting
an expressed date and doing an indefinite deferral? What's the difference there?
Ms. Mendez: The expressed date gives notice to those when the hearing will be and
you don't have to readvertise at the Citv's cost.
Vice Chair Russell: Meaning we're giving notice now with the expressed date of
deferral.
Ms. Mendez.: Correct.
Vice Chair Russell: If it were to have been indefinite and we -- with enough time to
make the notice, did place that notice of a new date and a new location, what would
have been the additional cost or difficulty?
Ms. Mendez: The cost -- Planning, could you advise what the cost is?
Mr. Garcia: The cost depends on the number of affected parties. There is a fee per
individual that has to receive a notification. I can do a calculation just quickly. The
point I was making previously is that it needs -- especially in the Village Montessori
case, I happen to be directly aware of the fact that many of those stakeholders have
been deferred so many times that they would expect a notification. I was just offering
that personal testimony.
Vice Chair Russell: Right, but if we do it at a Commission meeting, let's say, the first
or second meeting in July, and we state when we want that indefinite to be -- not six
months but brought back in two months, three months, or whatever, then is it still
required, that mailing and cost?
Ms. Mendez: It wouldn't be an indefinite deferral. It would be to a time certain, even
if it's a couple months away.
Vice Chair Russell: You set something for an indefinite today.
Ms. Mendez: Okay.
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Vice Chair Russell: And then we get through whatever we need to get through to deal
with it in an earlier fashion, and at a subsequent Commission meeting we say,
"Alright. We know when we want to deal with this now. It's on this specific date."
Does that trigger a new mailing and new notification --
Ms. Mendez: Yes.
Vice Chair Russell: -- or (INAUDIBLE) done that through that Commission meeting?
Ms. Mendez: It would trigger it because you reset it, and then at a subsequent
meeting, you're bringing it up just to tell the Administration when you want it back.
It's not like today that it's on today's meeting. It was reconsidered and you're setting
a date going forward. If you do it at a different -- if you did indefinite deferral and
then set it for a different meeting and talk about it at a different meeting, you're still
going to have to notice it. But Mr. Garcia's correct. Because of the controversial
nature of this item anyway, you might as well notice it just to make sure that
everybody comes back.
Vice Chair Russell: Even if we set the date today, you'd still want to go through that
notice process?
Ms. Mendez: Right, just because it's -- you know, even though it's still the same
meeting and we could legally do it, you know, sometimes with items that are
controversial, you want to make sure that everybody who's upset is on notice.
Vice Chair Russell: Okay. So in that case, whether it's indefinite or was set a date,
it's pretty much the same in terms of process and timing.
Ms. Mendez: For this item, because we reconsidered.
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PZ.8 RESOLUTION
6981
Department of
Planning
A RESOLUTION OF THE MIAMI CITY COMMISSION
GRANTING/DENYING THE APPEAL FILED BY THE CONVENT OF
THE SACRED HEART OF MIAMI, INC. AND
REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S
DENIAL PURSUANT TO CHAPTER 17, ARTICLE II OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE
APPLICATION FOR A SPECIAL CERTIFICATE OF APPROVAL FOR
DEVELOPMENTAL IMPACT TO SIGNIFICANT ENVIRONMENTAL
FEATURES ON A PROPERTY LOCATED AT APPROXIMATELY 2167
SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, WITHIN THE
ENVIRONMENTAL PRESERVATION DISTRICT— 60 AND THE SOUTH
BAYSHORE DRIVE SCENIC TRANSPORTATION CORRIDOR.
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Ken Russell, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Reyes
ABSTAIN: Carollo
Note for the Record: Commissioner Carollo abstained from voting on item PZ.8 and
submitted a FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS with the
Office of the City Clerk on July 1, 2020, in accordance with Section 112.3143,
Florida Statutes.
For additional minutes referencing Item PZ.8, please see "Public Comments for all
Items."
Commissioner Carollo: Okay. Can I get a word in here? Because
(UNINTELLIGIBLE) before you guys today, but this is where (UNINTELLIGIBLE).
Thank you. The Ethics Commission informed the City Attorney at my request about
an inquiry that I should not vote on anything to do with PZ.8 or PZ9, so I will be
abstaining on anything to do with it for the reason that I own property that's within
500 feet of the property that will be discussed. So even in setting a date on it, I'm not
going to get involved now, because I was just informed of this recently. I didn't know
that I was within 500 feet until one of the neighbors brought notice to me that had
been sent. And that's when I asked the City Attorney to inquire of the Ethics
Commission, and they suggested that I would abstain from voting. So I've enjoyed
seeing all of you again. Stay safe. And we'll see you next meeting.
Commissioner Reyes: It's a shame. We'd like to hear his opinion.
Commissioner Diaz de la Portilla: See you, Commissioner. We're going to miss you.
Victoria Mendez (City Attorney): Commissioner Carollo, before you go, I just wanted
to bring up one point. Everybody knows that September 10 is budget, right? I think
it's budget, budget hearings. I just wanted to throw that out there.
Commissioner Carollo: Okay.
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Commissioner Reyes: So you mean to tell us that it's going to be a long meeting
right?
Ms. Mendez: I'm just saying so everybody, knows.
Commissioner Carollo: Thank you.
Chair Hardemon: So how many feet is it that the Ethics Commission decides if
something is near you then you should not participate in the vote?
Ms. Mendez: Well, this one was within the 500 feet notice. So you could be an
aggrieved party, you could be an intervener, you know. So you have an interest more
than the average person.
Chair Hardemon: Okay. So, Commissioner Russell, procedurally, how do you want
to proceed with PZ.8 and 9? Would you like to have it in a place like that?
Vice Chair Russell: My -- I was going to ask. for a deferral, but not, for the reasons of
wanting a public, physical get-together. I'm satisfied with how the Zoom has been
working, and I feel like we've gotten more public comment on some of these issues
than not. And I don't think anyone's going to be calling in from another city or state
on this particular issue. This is a very localized issue. So I'm okay with it taking
place in a Zoom format, but 1 did have some other issues that I need clarified that I
need to work together with the City Attorney to understand better before 1 want to
move forward. So 1 was going to seek a deferral, hut whether it's before the summer
or after the summer is the question. I think 1 can clear up the issues that I've got by
the second meeting in July. So I'm okay with a deferral to that date, but I wanted to
give some flexibility, because if this body really wants to take these major issues up in
person, 1 don't want to have to re -notice and do all these other things. So if we said
indefinite -- if we made a motion right now for indefinite deferral of PZ 8 and 9, we
could bring it back in a little over a month and go through the noticing procedures in
the weeks to come to do that, right? If let's say at the first meeting in July we say we
want to bring it back, or I let you know, Victoria, and then we can notice it properly.
Would that be correct?
Ms. Mendez: Yes, you can.
Vice Chair Russell: All right. In that case -- and the main issue at hand -- I don't
know if 1 need to go into it really -- was that there was a legal memo issued yesterday,
and I only was able to read it this morning, and I really think it should be in the
record. And it has to do with old designations on this property from 1988, 1999, and
how those apply to the decision process we make now. Not only am I not fully
understanding the opinion of whether or not we're supposed to take those into
account, I may or may not agree with them, but before taking that up and sparring
that issue, that's internal to us I think, and I want to really understand that better with
my City Attorney before we take this up with intervener, cross examinations, all these
other things, when this very fundamental issue will --could affect our decision. I want
all of us to be very aware of this memo. I want it to be on the record and I want us to
know whether or not it's something we should be factoring. The memo says that we
shouldn't be factoring it but I don't fully -- I'd be seeking a deferral so that that gets
placed on the record, and I can get a further briefing with my City Attorney, and we
can deal with this at a later date. I'll probably be ready to deal with this within the
next month, I'd say, but if we say indefinite at this point, we can bring it back and that
would be okay. So is that alright with everyone?
Commissioner Reyes: It's fine with me.
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Chair Hardemon: So it's properly moved for indefinite deferral for Item PZ 8 and
PZ.9.
Commissioner Reyes: Second.
Chair Hardemon: Any discussion? Seeing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? That motion carries. All right, ladies and gentlemen
Vice Chair Russell: Point of privilege.
Chair Hardemon: You're recognized.
Vice Chair Russell: (UNINTELLIGIBLE).
Chair Hardemon: Yes, you're recognized.
Vice Chair Russell: I just want to show you the best present anyone could ever ask
for. My son from up in North Carolina just drove 12 hours and came straight to City
Hall to be here with us.
Chair Hardemon: Now that's (UNINTELLIGIBLE).
Vice Chair Russell: Just got out of the car after 12 --
Commissioner Reyes: That's definitely the best present.
Vice Chair Russell: He has been driving since 4 a.m. this morning just to be here for
my birthday, so I am blessed.
Commissioner Reyes: Yes, you are.
Ms. Mendez: Chairman.
Chair Hardemon: I haven't driven 12 hours anywhere.
Vice Chair Russell: (UNINTELLIGIBLE) scared to death. I've been watching the
map on my phone all day. But he's here now, and I'm happy and proud of my son who
just graduated high school, and here he is, so.
Ms. Mendez: Chairman, can we sing "Happy Birthday" to the Vice Chairman and to
Erica?
Commissioner Reyes: Oh, yes.
Chair Hardemon: I heard that the Senator has the best voice.
Commissioner Diaz de la Portilla: No, the sexiest voice, but not the best voice.
That's one talent God did not give me, Chairman. I bet you have a good voice,
though. You lead us off',' Chairman.
Chair Hardemon: You know this song? "Happy birthday to you. Happy birthday to
you. Happy birthday."
Commissioner Diaz de la Portilla: Dear Ken.
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Vice Chair Russell: Thank you.
Commissioner Diaz de la Portilla: "Happy Birthday to you."
Ms. Mendez: Yay.
Art Noriega (City Manager): Yay, many more.
Vice Chair Russell: Thank you, everyone.
Commissioner Reyes: Okay.
Chair Hardemon: If all hearts and all minds are clear, this meeting has come to an
end. Thank you.
Commissioner Reyes: See you later. Be careful.
Ms. Mendez: Happy Birthday.
PZ.9 RESOLUTION
6982
Department of
Planning
A RESOLUTION OF THE MIAMI CITY COMMISSION
GRANTING/DENYING THE APPEAL FILED BY THE CONVENT OF
THE SACRED HEART OF MIAMI, INC. ("APPELLANT") AND
REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S
DENIAL, PURSUANT TO SECTION 23-6.2(B)(4) OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE
APPELLANT'S APPLICATION FOR A SPECIAL CERTIFICATE OF
APPROPRIATENESS FOR THE DEMOLITION, RESTORATION,
ALTERATION, AND NEW CONSTRUCTION OF A PROPERTY
LOCATED AT APPROXIMATELY 2167 SOUTH BAYSHORE DRIVE,
MIAMI, FLORIDA, A LOCALLY DESIGNATED HISTORIC SITE
KNOWN AS VILLA WOODBINE WITH FOLIO NUMBER 01-4115-010-
0111.
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Ken Russell, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Reyes
ABSTAIN: Carollo
Note for the Record: Commissioner Carollo abstained from voting on item PZ.9
and submitted a FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS with the
Office of the City Clerk on July 1, 2020, in accordance with Section 112.3143,
Florida Statutes.
For minutes referencing Item PZ.9, please see "Public Comments for all Items"
and Item PZ.8.
END OF PLANNING AND ZONING ITEM(S)
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NA.1
7588
City Commission
NA - NON -AGENDA ITEM(S)
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER, ALL APPLICABLE CITY DEPARTMENTS,
AS WELL AS SHUTTS & BOWEN LLP, O'MELVENY & MYERS
LLP, AND FOWLER WHITE BURNETT P.A. (COLLECTIVELY,
"OUTSIDE COUNSEL"), SHOULD SUCH BE INVOLVED, TO
CEASE ALL CURRENT APPLICATIONS AND/OR PROCESSES,
WHETHER CURRENTLY UNDERWAY OR NOT, REGARDING
AND IN RELATION TO THE PROPOSED REZONING OF THE
CITY -OWNED PROPERTY LOCATED GENERALLY AT 1400
NORTHWEST 37TH AVENUE, MIAMI, FLORIDA ("PROPERTY"),
COMMONLY KNOWN AS THE INTERNATIONAL LINKS MIAMI
MELREESE COUNTRY CLUB, UNTIL AT LEAST ALL LEASE
AGREEMENTS ASSOCIATED WITH THE PROPOSED
DEVELOPMENT OF THE PROPERTY BY MIAMI FREEDOM PARK
LLC HAVE BEEN APPROVED BY THE CITY COMMISSION.
RESULT: DISCUSSED
Note for the Record: A motion was made by Commissioner Reyes to adopt Item
NA.1, but the item died for a lack of second. As a result, Item NA.1 is reflected
above in the vote result as discussed
Chair Hardemon: Madam City Attorney, are there any pocket items that need to be
read into the record?
Victoria Mendez (City Attorney): Yes, Chair, there are a couple of pocket items. The
Chair Hardemon: Will you read the titles into the record, please?
Ms. Mendez: Yes. The first pocket item I have is from Commissioner Reyes, and I'll
read it into the record.
The Resolution was read by title into the public record by the City Attorney.
Ms. Mendez: That is from Commissioner Reyes.
Chair Hardemon: We'll title that one P1.1.
Ms. Mendez: Thank you.
Later...
Chair Hardemon: The last pocket item that we have is Pocket Item Number 1, which
is Commissioner Reyes' pocket item regarding Melreese Park.
Commissioner Reyes: Yes, and this pocket item, what I'm doing is I'm trying to follow
the process. The process has been — and we checked it out -- that before -- we don't
go for any zoning change until we have a contract, or at least a lease, and all the
economics has been decided. In this case, what we are doing is — and besides that, I
want to know why we're doing -- going for an SAP (Special Area Plan) or a zoning
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change when we don't have a contract. We don't have any leases, and we have not
agreed on anything. And as I understand, Vicky, this is the City of Miami going by
themselves. We're doing it ourselves?
Victoria Mendez (City Attorney): So the original application was as co -applicants. It
was brought to our attention that we had recently changed our Code, so the
appropriate way would be that the City has to be the applicant; no co -applicant
status. It would have to be the City.
Commissioner Reyes: Don't we lose fees if we are going ourselves?
Ms. Mendez: I will defer to Francisco Garcia, but my understanding is, yes; that
when the City is the applicant, we do not -- the sole applicant -- pay fees.
Commissioner Reyes: We don't pay fees. And that's another thing; we are losing
.fees, and we are placing the cart before the horses, because we are going for an
application -- and I have here, I have -- historically, we have not done this. And
Grove Bay didn't happen until after a lease — a contract was done. Marlins Park
.followed the process. Flagstone, Jungle Island, Museum Park, all of them, the zoning
change didn't occur until after the City had stated all the conditions and have been
clarified what would he the economic benefit ,for the City, and what were the
conditions of the contract. In this case, now, we're going to change it. And how
about if this _falls down the -- I mean, goes down the drain and then we have land
there that has been already -- the zoning has been changed. I don't see why we
should do this, you see. And this is -- that's why I'm going to say -- and I have this
resolution that 1 think -- let's wait. It's not that -- which way I'm going to vote or
anybody's going to vote. Let's follow the process. The same process that has been
followed before, I think is the one that we have. We don't have to give special
treatment to anybody that comes before the City of Miami, because it is a trillionaire -
- or whatever it is, or it have a major -- a mammoth project that we are going to bend
over backwards, you see. There is a process and that process should be followed.
That has been my complaint since day one, and that's why I brought this. This doesn't
interfere with the negotiations. It does not interfere with -- the final product will be --
I mean, if we are going to accept the contract or not. It doesn't interfere in anything.
The only thing that it says, let's follow the process and let's not go into a zoning
change until we have a contract in place. That is my --
Arthur Noriega (City Manager): Mr. Chair.
Chair Hardemon: You're recognized.
Mr. Noriega: So just to allay the Commissioner's concern a bit -- and I say "a hit,"
because it may not totally satisfy his concern. But the intent was to begin the process
for the SAP and allow for that process to move ahead. but with the full understanding
that it will not come to the City Commission -- right? -- ahead of the lease agreement.
In other words, they will come together so that you won't be approving a zoning
change without approving the actual lease. So one does not come ahead of the other;
that was the intent.
Commissioner Reyes: And the thing is this: We are acting like -- as a fait accompli;
that we have a contract and we have ironed everything, all the different conditions
and accepted all the -- whatever they are offering, and now we are going to do — we
are doing a zoning change, because that is going to happen, you see. I don't think
that that should be done. It hasn't been done before. I don't think that it is good
policy to get away from the process. And we did that before when we started it. We
did get away from the process and that was my main concern about it and now we --
again, we going to do it again. And what -- I mean, my concern is that it hasn't been
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done before, that we shouldn't start doing it, and we shouldn't set precedents like that.
I mean, that's my only concern. I mean, I'm just placing it as a resolution, and if I get
a second, I'm going to move it. If I get a second, it will pass. If not -- and let me ask
you, how much -- what is the amount of fees that we are losing, Mr. Manager?
Mr. Noriega: Oh, I don't know that off the top of my head. I'd have to refer to either
Francisco or somebody in Finance to answer that question.
Commissioner Reves: Could you please do that?
Mr. Noriega: Sure, we can. We'll get that for you.
Vice Chair Russell: Mr. Chairman.
Chair Hardemon: You're recognized, Vice Chairman.
Vice Chair Russell: I don't have a problem with a conditional process happening that
simply doesn't come to us or can't be passed until a lease is in place, but I can assure
you this: It's not a fait accompli. I'mokay with the process of zoning, but that
process isn't corning to us at this point. And I can tell you right now, 20 acres is not
enough, and that's what's being applied for in terms of replacing the green space
that's there right now. I understand that there's a legal reasoning that they have
within activating 20 or 25 percent of that CS (civic space) green space as commercial.
They can legally do that, but that doesn't replace the lost green space that is there
right now. So 1 don't -- I'm okay with a process moving forward, but I'm being on the
record right now where 1 am with that zoning replacement of the green space. So 1
wouldn't say that this is -- as I read, Art had said this is -- we're not quite close or
there yet, so 1 don't see a need for this resolution at this time.
Commissioner Reyes: Okay. And my question hasn't been answered yet. How many -
- how much fees are we losing? What is the economic impact of this by being us, the
ones that are asking for this zoning change?
Francisco Garcia: We are -- Francisco Garcia, Planning Director. We are
conducting that research presently. I will be back with an answer promptly.
Commissioner Reyes: Okay. And we are not receiving any fees?
Mr. Garcia: We are not in the habit of charging the City for applications, no.
Commissioner Reves: Okay. Have they paid for any fees for this? Mr. Casamayor --
is Mr. Casamayor on there? Mr. Casamayor, have we received any money Jrothis
application? I just want to know.
Mr. Noriega: No, sir, we have not. I can answer that question.
Commissioner Reves: Well, I can tell you I'm going to take your word for it, because
I was informed otherwise. I was informed that it is -- during a briefing -- that it was
paid by the applicants, you see; that they paid the fees and we are taking over. And if'
that is the case, then we become co -applicants. And I want to make clear that we
haven't received anything. And maybe you guys -- you don't see the need for this, but
I think that when we are so much into bringing about the idea or the argument of a
process, that process has to be followed, and I don't think that we should be selective.
We cannot be selective process followers. Either we follow processes, or we don't
follow the process. But these selective uses of the rules and regulations, it is totally —
it's unacceptable to me, you see, and that's why I'm bringing this.
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Chair Hardemon: So Commissioner Reyes has made a motion. Is there a second to
his motion?
Commissioner Reyes: I wasn't expecting one. Okay, I wasn't expecting one. But my
point is clear. My point is clear and I wanted people to know that process are
followed when they are certain people, but when we get people that they are very
influential and they have a lot of money to spread out and all of that, and then we
bend back -- over backwards, you see, in order to accommodate them. And that's not
the way that this government should be run, because instead of it being these people,
it would have been me or anybody that lives in Flagami, Allapattah or Little Havana,
it wouldn't have gone like that. Let's move with the agenda (INAUDIBLE).
Chair Hardemon: I'll tell you that I haven't seen anything that suggests that the
process is not necessarily being, followed. I know that people can apply and go out on
the feedback, et cetera.
Commissioner Reyes: But we are applying. They are not applying. We are applying
for them. We are applying. They are not applying. With all due respect, Mr.
Chairman, we are doing the dirty work for them. That's right, we are doing it for
them, okay? They are not applying. We are doing it.* them.
Chair Hardemon: So that motion fails for lack of a second.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE
MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS TO
DESIGNATE THE HISPANIC BRANCH LIBRARY AND THE WEST
FLAGLER BRANCH LIBRARY AS EARLY VOTING SITES FOR
THE PRIMARY ELECTION SCHEDULED FOR AUGUST 18, 2020;
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE OFFICIALS STATED HEREIN;
AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND ALL
ACTIONS NECESSARY TO ENSURE THAT THE HISPANIC
BRANCH LIBRARY AND THE WEST FLAGLER BRANCH LIBRARY
ARE DESIGNATED AS ADDITIONAL EARLY VOTING SITES.
ENACTMENT NUMBER: R-20-0188
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Diaz de Ia Portilla, Carollo, Reyes
Victoria Mendez (City Attorney): Then I have a pocket from Commissioner Carollo,
which I will read into the record, as well.
The Resolution was read by title into the public record by the City Attorney.
Chair Hardemon: We will title that one Pocket Item Number 2.
Later...
Chair Hardemon: Commissioner Carollo, we have your Pocket Item, Number 2,
which is to create another voting place.
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Victoria Mendez (City Attorney): Chairman, this one has an amendment.
Inappropriately, by mistake, our office put the wrong branch library. So it's supposed
to be the Hispanic Branch Library and -- take out the "or" -- the West Flagler Branch
Library, which is at 5050 West Flagler. So it's not the Shenandoah Branch Library.
It's Hispanic Branch Library and -- take out the "or" -- the West Flagler Branch
Library. That's an edit that needs to be made.
Commissioner Reves: Mr. Chair.
Chair Hardemon: Commissioner Carollo, do you move that item?
Commissioner Diaz de la Portilla: I move it.
Chair Hardemon: No problem. Do I have a second?
Commissioner Reyes: And I will second it.
Chair Hardemon: Seconded by Commissioner Reyes. You're recognized,
Commissioner Reyes.
Commissioner Reves: Yes. I would like, Commissioner Carollo, if possible, it he
amended that we include also the West Flagler Library, the one that is on -- that
swerves all the area of Flagami, which is on -- I think it's 50 --
Commissioner Diaz de la Portilla: That's the one that's included. That's the one he's
talking about.
Ms. Mendez: That's the one.
Commissioner Reyes: Is that the one that you called the Hispanic --
Commissioner Diaz de la Portilla: Yes, sir. No, there's Hispanic --
Ms. Mendez: No. I said --
Commissioner Diaz de la Portilla: -- Branch Library and West Flagler Library --
Ms. Mendez: -- Hispanic Branch --
Commissioner Diaz de la Portilla: -- 5050 West Flagler.
Ms. Mendez: Right.
Commissioner Reyes: (INAUDIBLE) because in here, it says, `Florida Shenandoah
Branch Library.
Ms. Mendez: Right.
Commissioner Diaz de la Portilla: Yeah, she changed -- it's been changed, so it's --
Commissioner Reyes: Well, then we have to change the address, also.
Commissioner Diaz de la Portilla: Yes.
Commissioner Reyes: And Shenandoah has always been included. I don't know if it
is included or not, but in every single election, Shenandoah -- which is on 2111
Southwest 19th Street -- that has always been an early voting -- yes, it's always been a
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place for early voting. And what I want to make sure is that the one on West Flagler
is included.
Commissioner Carollo: Well, the only thing, Commissioner, here that we wanted to
present two locations that would be spread out enough so that we could get it
accomplished. That was the reasoning behind this. I mean, I would love to have a
third, even a fourth, but by having one that is in Little Havana, right close to
Allapattah, and then having one in Flagami would really cover everything pretty well
in the Hispanic precincts of our three districts. What's amazing though is that none
were included; none, whatsoever.
Commissioner Reyes: It is true. It is true, and I really hope that they are including,
also, the Shenandoah one, because there is a lot of Hispanics around that area.
Okay, yes.
Commissioner Carollo: So we have the amendment that was made.
Chair Hardemon: All right. It's been properly moved and seconded. Any further
discussion? Seeing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? That motion carries.
Commissioner Carollo: Thank you.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE
UNITED STATES CONGRESS TO DESIGNATE JUNE 19TH OF
EVERY YEAR AS "JUNETEENTH INDEPENDENCE DAY," A
LEGAL FEDERAL HOLIDAY, IN RECOGNITION OF JUNE 19, 1865,
THE DATE ON WHICH NEWS OF THE END OF SLAVERY
REACHED THE SLAVES IN THE SOUTHWESTERN STATES;
DIRECTING THE CITY CLERK TO TRANSMIT COPIES OF THIS
RESOLUTION TO ALL MEMBERS OF THE UNITED STATES
CONGRESS UPON ITS ADOPTION.
ENACTMENT NUMBER: R-20-0187
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Ken Russell, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Victoria Mendez (City Attorney): Then I believe the Mayor has a pocket item. Mr.
Mayor?
Mayor Francis Suarez: Do you have it with you? You want to read the title, or do
you want me to read it?
Ms. Mendez: I can read the title for you. I just — since you — I wanted to confirm.
Mayor Suarez: All right.
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Ms. Mendez: I can read it for you?
Mayor Suarez: Fine. Yeah; of course.
The Resolution was read by title into the public record by the City Attorney.
Chair Hardemon: I'll entitle that one PL 3.
Later...
Chair Hardemon: What I'll do right now then is address Pocket Item Number 3,
which is the Mayor's item urging the United States to support Juneteenth as a holiday.
Vice Chair Russell: I'd like to cosponsor. I already sent that in, but I don't know if it
got noted.
Chair Hardemon: So -- and this, Madam City Attorney, and whoever makes the
motion on this item, I just want to be -- I want it to be clear in here, because there are
moments in which this describes people as slaves, or they were held as slaves. So in
the item where it talks about people who were held as slaves, make sure just -- that it
spells it out. Like, for instance, in the first "whereas" clause, it does properly read
that the Emancipation Proclamation declared that all persons held as slaves were
going to be free. But as you read through it, there are other times where it describes
that slaves were freed. And so, I'd like to think that people of color, black people,
were people, they were persons and they were held as slaves. They were never slaves.
They were not born as a category of a slave. We were held as a slave.
Vice Chair Russell: Mr. Chair, I'll make the motion and accept the amendment.
Victoria Mendez (City Attorney): We'll edit it, Chairman.
Chair Hardemon: Thank you. Any further discussion? Hearing none, all in favor,
say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? That motion carries.
ORDINANCE
(4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI
CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE, AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED
"OFFENSES -- MISCELLANEOUS," MORE PARTICULARLY BY
ADDING NEW SECTION 37-15, TITLED "ENFORCEMENT OF
EMERGENCY ORDERS OF THE CITY OF MIAMI, FLORIDA;
PENALTIES," TO PROVIDE FOR ENFORCEMENT BY THE CITY
OF MIAMI ("CITY") FOR VIOLATIONS OF EMERGENCY ORDERS
ISSUED BY THE CITY THROUGH THE CIVIL CITATION PROCESS
PURSUANT TO CHAPTER 2, ARTICLE X OF THE CITY CODE;
PROVIDING FOR PENALTIES; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
ENACTMENT NUMBER: 13909
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MOTION TO: Adopt as an Emergency Measure
RESULT: ADOPTED AS AN EMERGENCY MEASURE
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Diaz de Ia Portilla, Carollo, Reyes
Note for the Record: Item NA.4 passed as an Emergency Ordinance with two roll
calls. For the first roll call, a motion was made by Commissioner Diaz de la Portilla,
seconded by Commissioner Reyes, and was passed unanimously, to pass NA.4 as an
Emergency Ordinance. The second roll call to pass NA.4 as an Emergency
Ordinance is reflected above in the vote result box located underneath the
enactment number.
Victoria Mendez (City Attorney): And --
Chair Hardemon: Yes.
Ms. Mendez: -- I believe that all the pockets are read into the record, but I just
wanted to also remind you, Chair, that we have an emergency ordinance that's not on
the agenda, and I wanted to read that title into the record.
Chair Hardemon: We'll title that one E0.1.
Todd B. Hannon (City Clerk): EM.1.
Ms. Mendez: And this one is an emergency ordinance.
The Emergency Ordinance was read by title into the public record by the City
Attorney.
Chair Hardemon: Okay.
Ms. Mendez: I believe that covers everything.
Chair Hardemon: All right. Are there any other Commissioners that have any other
items that they want to add? No? All right.
Later...
Chair Hardemon: While we're there, we might as well move into our second
emergency ordinance, which is EM.2. Well, I actually titled it as E0.1, but you know,
they're the same. This is the ordinance by four fifths to allow the enforcement by civil
citation of the emergency ordinances.
Victoria Mendez (City Attorney): Yes, Chairman. I believe I read it into the record
once already. So if you would like to vote.
Chair Hardemon: Okay. Are the Commissioners familiar with what I'm discussing?
Ms. Mendez: I could read it again ifyou want.
Chair Hardemon: Please. (UNINTELLIGIBLE), yeah.
The Ordinance was read by title into the public record by the City Attorney.
Chair Hardemon: Is there a motion?
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Commissioner Diaz de la Portilla: So moved.
Commissioner Reyes: Second. Mr. Chair.
Chair Hardemon: You're recognized for discussion.
Commissioner Reyes: Okay. I'm reading this and I second it, but there is an
enforcement on penalties. There is -- it says that each violation shall carry a fine up
to 250 for each incident. I spoke with the City Manager and my information is that
the first offense if they see you, you will have a verbal. They will tell you, "Wear your
mask." If you are not wearing it or they see you again, then you have a written -- I
mean, they will give you a written (UNINTELLIGIBLE), and if you don't do it, then
you get a $50 fine. But it's not going to be just from the get -go that you're going to
have the $250 fine, that -- as it is written here. I think that in the state of the economy
as it is today, you see, and we have a lot of people that we are now educating them on
the use of masking up, because not everybody is informed, that if you give them a
warning, a written warning after a verbal warning, then a written warning and then
you fine them. Also, I want to include in this ordinance that since we are requesting
they use masks that we should ask from -- I would say, from the Governor -- that they
provide -- since we are a hotspot here and we have so many cases in our city that we
should ask for additional masks so we can make them available for those people.
There are neighborhoods that they -- our residents have lost their jobs, and right now
they are not receiving any type of assistance. And particularly, in the neighborhoods
of Commissioner Diaz de la Portilla that those -- it's very low income and it's one of
the hottest spot here, and we have to do everything that is on our power to try to
protect them. 1 think that we should be distributing masks there. And 1 don't know
how we're going to do it, but I will love to start -- I mean, that we start a program and
maybe there -- we make them available at the NET (Neighborhood Enhancement
Team) Once or we go and make distributions. And I'll be more than glad to help my
fellow Commissioners in doing that. And I think it is our duty. And those are the only
changes that I would propose on this ordinance.
Ms. Mendez: Commissioner Reyes, this legislation is actually generic. It has to do
with any violation of the emergency orders that are set forth by the Manager and the
Commission, and the Mayor. So you can definitely do a separate resolution or -- that
has to do with that. This just has to do with having the ability not to arrest and
actually being able to do civil citations with regards to the emergency violations in
general.
Commissioner Reyes: Well, doesn't this require people to use a mask?
Ms. Mendez: Not this -- this ordinance is only about enforcement of emergency
orders.
Commissioner Reyes: Okay.
Ms. Mendez: It came about because of the mask order that's going to be issued, if not
already issued by the Manager. But this is just so that you can enforce delicately
without arrest.
Commissioner Reyes: Okay, but I -- and there is then a misunderstanding, because
all the press and what they have read is this, and what they are being reporting and
they're going to report is that we are going to place a $250 fine to any person that is
walking on the streets without a mask, you see. And I want to clam that that is not
the case.
Arthur Noriega (City Manager): If I may, Mr. Chair?
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Chair Hardemon: You may.
Mr. Noriega: So this is enabling legislation -- right? -- to be able to give us the
flexibility of imposing a civil fine versus what -- the only tool we have available to us
now in terms of enforcement is to be able to arrest somebody, which is something we
felt was a little onerous or significantly impactful. And we don't really feel that that is
necessary, so -- but we didn't have a vehicle available to us to do anything less than
that. So we worked with, obviously, the City Attorney's Office to come to this option,
suggested by the City Attorney herself, and was drafted yesterday as a means to
provide us this available or additional optional -- option for enforcement. As I
mentioned to you, Commissioner, the intent, honestly, is to educate people first and
the fallback position is to impose a fine, only if absolutely necessary and if the
individual is clearly noncompliant, and has, you know, ignored the request. The
ordinance also allows for flexibility to define itself. Obviously, it allows me as the
City Manager to set the fine, and the intent is to set this fine at $50.
Commissioner Reyes: Okay.
Mr. Noriega: That may change over time, or for other aspects of the emergency
order, we may change the fine structure, but the intent -- and as I've mentioned in -- to
you individually, is to propose a $50 fine for the mask order, which once this is
passed today, 1 will formally sign into effect today sometime after the meeting.
Commissioner Reyes: In order to clarify -- because I received some -- people are
reporting that it is getting to the press that we are passing an ordinance that is going
to fine violators with $250.
Mr. Noriega: Yeah, that's --
Commissioner Reyes: And what I wanted to make clear that there is -- that the stated
fine of $250 is not what we're going to do, according to what you just said; that the --
that it's going to be a verbal warning and a written warning, and a $50 fine. Now, if
you want to clarify furthermore, you can -- we can say if it continues and people
continues not paying attention to the ordinance, the fine could be increased to up to
$250, but it has to come to us -- before us in order to increase it.
Ms. Mendez: Commissioner, the way that it's drafted is that any violation of
emergency orders, whatever it is -- the masks or anything else -- any violation of an
emergency order shall carry, with it a fine up to $250 for each incident.
Commissioner Reyes: Okay.
Ms. Mendez: And the amount shall be set forth by the Manager. So he's going to
write a memo; he'll send it to you, and he'll tell you --
Commissioner Reyes: Absolutely.
Ms. Mendez: -- you know, first offense can be $50; three offense --
Commissioner Reyes: That is --
Ms. Mendez: --- can be $100, like that.
Commissioner Reyes: -- that's the clarification that I want everybody to -- I mean, I
want to take from him, and that's the clarification that should be given to the public
and the press, because the way that it's been reported is that we are going to impose a
$250 fine to those people that are not wearing the mask in public.
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Mr. Noriega: So, let me also clam another aspect of what you referenced before,
which is the actual distribution of masks.
Commissioner Reyes: Yes, sir.
Mr. Noriega: We have a request in to the State of Florida and looks like we will be
receiving 93,000 masks --
Commissioner Reves: Okay.
Mr. Noriega: -- of which we will distribute as a part of -- we're finalizing that plan
now -- both group functions, you know, our public functions, such as feedings. We'll
make some available at our NET offices, and we'll also be distributing them to our
public safety employees so that they can distribute them in the field when they see
incidents where someone is not compliant.
Commissioner Reyes: Okay. And I want to make sure that those zip codes that are
the hotspots --
Mr. Noriega: Yeah.
Commissioner Reyes: -- that we should emphasize those before other zip codes, you
know; that they give them priority over other zip codes that they doesn't have so much
--1 mean, the disease hasn't spread as much as (INAUDIBLE).
Mr. Noriega: Yeah, those zip codes are our priority right now, absolutely.
Commissioner Reyes: They be prioritized, okay, alright.
Commissioner Carollo: Can I bring up something for discussion?
Chair Hardemon: Yes.
Commissioner Reyes: What I'd like to do is, in this fine structure, that the first time,
they get a written warning; second, they get the $50 fine. If they're caught again, it
goes up to $150 fine. And the third time, $500 fine; the one after that, there could be
an arrest made. If someone, after a warning the first time, after giving tickets for
three fines, keeps on wanting to violate, then that one, the police could have the
option of arresting or keep piling up the $500 fines. We have to do something in our
city so that people take this serious. This is the only way we're going to curtail the
increases that we're getting. Now, to make this work, we're going to have to have a
database that immediately someone that gets someone, they run their name, they
could see in the database if they've been issued a citation before or not.
Commissioner Reyes: I still think -- and I know where you're coming from,
Commissioner, and I agree with you that we have to have -- I mean, be strict about
this. But I do understand also that there -- in certain neighborhoods, they -- many
people -- and believe it or not, you can find masks every place. I have people that
they don't -- they can't find masks, and they have a handkerchief or whatever and then
they might forget it. I think that we should give them a warning. And I understand
that the second time, give them a fine -- I mean, do away with the verbal warning, just
a written warning and then a second time, a fine, and then increase it the third time.
But I don't believe that we have a population that can't resist -- because whatever
mistake is a $500 fine, I think, I don't know -- honestly, I think it's too steep, too steep.
Commissioner Carollo: But we're talking about going to the extreme if someone,
after the fourth --
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Commissioner Reyes: Yes.
Commissioner Corolla: -- time that they've been stopped --
Commissioner Reves: Or a $250, you know. In my opinion, I think it's a little bit too
steep.
Mr. Noriega: Can I get something clarified, Commissioners? Madam City Attorney,
as far as I read this, the maximum fine we can set is 250 anyway --
Commissioner Reyes: Two fifty.
Mr. Noriega: -- by Charter, correct?
Ms. Mendez: Well, by -- as we've drafted it, up to 250.
Mr. Noriega: So could that be increased, as the Commissioner suggested, or is there
a cap on that by statute?
Ms. Mendez: There's a cap by statute, and if it's a certain way -- I don't know that in -
- based on the emergency nature of it and since we're not noticing it that we could do
it that high. Right now the most 1 think that we could do by statute based on how this
is drafted is 500. When you do $1,000, it's a .four -fifth, but it's a four -fifths not
because it's an emergency; it's a four -fifths because of the fine. And we have to notice
it that way --
Mr. Noriega: Okay.
Ms. Mendez: -- so I would not necessarily increase it. But remember, it's per
occurrence, so let's say you -- you know, so you can --
Commissioner Reyes: Can I propose this? Let's do it the way that the City Manager
proposed it, and let's see what happens during the first week. If we see that we are --
we have a bunch of violators, then -- I mean, people that they continue to violate, then
we can change it. It's up to the -- let's give the City Manager the flexibility of
increasing or decreasing this fine.
Chair Hardemon: Madam City Attorney, can you describe the due process in this?
Say for instance if someone tickets me for not wearing a mask -- I know we don't have
that policy in right now and I think that's the next discussion we probably should
have. We should --
Commissioner Reves: Absolutely.
Chair Hardemon: Is it necessary to wear a mask when you step out in public, or is it
necessary when you're within, you know, six feet of other individuals that you should
be wearing a mask? So can you tell us what the due process is, if I'm a person that
was stopped and ticketed fbr not wearing a mask? Because I'm having a hard time
understanding what person would get, you know, stopped four or five times. To me,
that would be somebody that was targeted, but you know, I might be wrong. Go
ahead.
Ms. Mendez.: You can --
Commissioner Reyes: That's a good question, great question.
Ms. Mendez: -- like as any ticket, Code Enforcement ticket, it could be appealed, so
we can issue the ticket and they can appeal it to our special master at the Code
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Enforcement Board, so that's the due process portion of it. If they don't accept it, they
can appeal it.
Chair Hardemon: Okay. And let me go back to that emergency ordinance one
second. Does the emergency ordinance --? Well, we haven't posted it yet, so I'm
assuming that it's going to be for facial coverings or masks.
Ms. Mendez: The drafted ordinance is just -- basically, it'll be unlawful or a violation
of this Code for any person to violate an emergency order promulgated by the
(INAUDIBLE).
Chair Hardemon: I get that part. I'm just saying, the part about masks or facial
covering, that has not been presented to the public or to this Commission.
Ms. Mendez: Right. My understanding is that it has not been presented yet, because
we wanted to have the enforcement mechanism in place first. Correct, Mr. Manager?
Chair Hardemon: And so, if that is true, then, you know, the question I have for this
Commission is, do we think that what we're asking for is a bit too much, or do we
think that it may be necessary for a brief time, you know, from week to week?
Commissioner Reyes: Week to week is what I think it is.
Ms. Mendez: The thing is that if you don't have a citation process, then all you have
for enforcement is arrest right now.
Chair Hardemon: We understand.
Ms. Mendez: Or do nothing.
Chair Hardemon: We understand that. Mr. Russell.
Vice Chair Russell: Thank you. What I believe the Chairman is referring to is the
policy itself rather than the punishment; how strict should the policy be at this time,
where we are with regard to infections, hospitalizations, et cetera. And contrary to
my position on SR.2, I'm very much in favor of this, even though it will be
controversial and we may get pushback on this. But we must protect our residents
and, in a sense, we must also protect our businesses. We're -- as local government
officials -- in a unique place that we don't stand on a theoretical or philosophical
position on this. We're simply trying to help communities survive physically and
survive economically. We do not want to go backwards. No one on this Commission
wants to go back to a shutdown, I don't think, from a policy perspective and a
necessity perspective at this point. And the only way we're going to keep from doing
that if things continue on the current trend is by enforcement of existing policy,
because we've all seen it. There are people out there who are not fallowing to even in
its form now, in parks, for example, or in buildings. And as we expand it now, if we
do not have a mechanism to enforce where necessary, you know, at least to even just
send the message that we're very serious about this, people get a false sense of
security out in public with their friends, with their, you know, coworkers and they're
too close without facial coverings, without social distancing, and the spread can
increase. This is not to create unintended fear. We have capacity in our hospitals.
We have capacity in ventilators; we have capacity in ICU (Intensive Care Unit) beds
right now. But the trend is going up on hospitalizations, which means we could start
to see a decrease in that capacity, and we have to take action now. This is a drastic
action, but I think it is justified in this moment to -- it's better to do this than go
backwards; that's my point.
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Mayor Suarez: Mr. Chair, if I may.
Chair Hardemon: You're recognized, Mr. Mayor.
Mayor Suarez: Thank you, Mr. Chair. Yeah, I agree with the sentiments of all the
Commissioners. We've seen in the last three days -- or in the last five days, we've
seen three days close to or over 900 new cases, which is double what we saw when we
implemented a stay-at-home order on March 24, which was a high watermark of 533
cases, so we're almost double at that point. And as Commissioner Russell just said,
you know, we are up in hospitalizations, ICUs, ventilators, as well as all the other
metrics that we've been looking at, such as a percent positive. I was told that the
percent positive for Miami -Dade for yesterday was over 20 percent. That's an
extremely high rate when 10 percent is supposed to be the barometer. So I think we --
you know, we have no choice. If we don't want to go backwards, if we don't want to
start closing businesses, if we don't, you know, want to reimplement a stay-at-home
order, we've got to take this action now. And I commend the Commission for, you
know, supporting this measure, and I commend the Manager for working quickly with
the City Attorney to implement them and have a warning and .fine system that
escalates over time.
Commissioner Reyes: Okay.
Ms. Mendez: If you want a higher fine, it could he up to 500, based on how we have
this reading, since it's an emergency. We can't go to the thousand at this reading, hut
you can do up to 500, ifyou like.
Commissioner Carollo: 1 never mentioned a thousand. I said the first should be a
warning ticket, not even a fine, a warning. Second, $50 fine; third, 150, and then
fourth, which is really the third time we fine them, that's where you bring it to the 500.
Ms. Mendez.: We could do that, if you like.
Commissioner Carollo: And I'm -- what I'm trying to do is save us a lot of time with
having to come back every meeting and trying to adjust it and change it.
Mayor Suarez: What I like about that --
Commissioner Carollo: There are people out there that they don't care about your
life, my life, or anybody else's lives, and the only way that they're going to change
their ways is if they feel it, and they see that we mean business. Most people, they
want to cooperate; they want to help each other. But fbr those very few that want to
act that way, we need to be tough with them. However, if we don't have a mechanism
that either a police officer or someone else that's going to be in a position of fining
them can immediately go into the computer and see if they've been given a warning
before or if they've been fined, it doesn't make any sense then.
Mayor Suarez: What I like about it as well is that, Commissioners, that it's very
transparent as to what, you know, the different -- you know, the different levels are.
The way that the ordinance reads now, it's a pretty broad discretion which --
Commissioner Reyes: Absolutely.
Mayor Suarez: -- then would require some sort of a memo that would have to be --
like you said, Commissioner Reyes -- you would have to make sure that the public
knows about it and it could be changed. And so, what Ilike about that is that it's very,
very -- listen, this is the rule. The first time you get a warning; second time, it's $50;
you know, third time, it's 150; and the fourth time, it's 500, and that's it, you know,
and it's very clear.
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Chair Hardemon: So say for instance, Madam City Attorney, if I'm able to appeal the
ticket -- so I get charged with a ticket; I immediately appeal it, which means that I
don't pay it immediately. I have some sort of day in court, if you will. And say that
day -- because we have public hearings about lots of different things -- isn't for
another two months, and in the meantime, I was to, once again, collect a ticket, can --
am I able to be charged at a higher rate, because I've now had a second ticket, or
should it be -- unless you've been, in a sense, adjudicated the first thing, because you
basically have -- don't have a -- I don't want to use the language conviction. You're
not convicted of what they accused you of doing the first time, so then how are you
going to be punished, if you will, for a second time if you haven't been adjudicated on
the first one?
Ms. Mendez: Well, the ticket technically stands until it's appealed and maybe
overturned. And so, it would technically do the escalation route unless the --
Chair Hardemon: And maybe I misspoke. Maybe I misspoke. If a police officer gives
me the ticket, I've just been accused of something -- right? So then I have to at least
have a date in court where I can fight that. If I'mthen adjudicated on it, then I can
appeal it? Is that the way the process goes?
Ms. Mendez: No. Based on the tickets, whether it's a police officer or Code
Enforcement officer, you receive a ticket; within 10 days, you appeal it. Let's say you
receive another ticket. Then it'll probably he the escalated scale, because even
though you have another one on appeal, you still -- you know, it still stands until you
get it reversed or overturned, or thrown out. So you'll get that second ticket at an
escalated amount if we're doing it like this from this escalated version.
Commissioner Reyes: May I ask a question?
Chair Hardemon: Okay, then -- well, before you ask, Mr. Reyes. So then, say for
instance if my first ticket is -- if I've been found guilty of it, that I committed this
offense -- no, better yet, say I was not found guilty on the first one. And then on the
second one, which was for a monetary fine, I get found guilty; is the punishment going
to be reduced to a citation, a simple -- like a simple warning, because I technically
wasn't convicted of the first one?
Ms. Mendez: You'll only get one warning. But if you're saying that that's for -- let's
say you get a second one, and that's the citation -- that's the first citation, and that
one get's thrown out. It won't be in the system for the Code Enforcement officer or the
police officer to give you a second escalated ticket, because it's gone. Is that what
you're asking? If it's overturned -- you know, if it's thrown out, at that point, you only
get the first amount, not an escalated amount. Now, remember that we don't
necessarily have a perfect system right now for recording all of these, because this is
the first time that we're doing tickets to people, so it's not going to be a perfect
process at first. You're probably going to get a lot of $50 tickets if somebody keeps on
getting -- just because it's not a computerized system right now. First, we're doing it
with ticket books.
Commissioner Reyes: Madam City Attorney.
Chair Hardemon: You're recognized.
Commissioner Reyes: Yes, sir. I'm going to continue on Chairman Hardemon's line
of questioning, because I want to know if -- let's say that I get a $500 ticket or $100
ticket, you see, whatever it is, 150, and because I lack of funds or whatever, I'm fined
150 -- and I have certain amount of time for paying it. If I don't pay it, will that be
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enough cause for an arrest warrant? I mean, I'm going to be arrested and am I going
to be like when you have an arrest warrant? Because if you don't pay a traffic ticket,
if the police stops you for whatever and they run you, and then immediately you go to
jail.
Ms. Mendez: Right.
Commissioner Reves: That will be the case here?
Ms. Mendez: No. This is -- let's not confuse -- it's a very good question. We're not --
this isn't a civil citation pursuant to the County Code that we were talking about in the
other ordinance. This is a Code Enforcement citation, so this will just be Code
Enforcement. It'll be totally civil. It won't be like the other process that if you don't
pay a ticket for marijuana and then you could be arrested for it, an arrest warrant
will issue. It's not going to be like this. This is totally, purely Code Enforcement --
Commissioner Reyes: Okay.
Ms. Mendez: -- unless the officer chooses to arrest, because, remember, you can also
arrest on these -- pursuant to violations of an emergency order. But this is just a --
obviously, a more lenient process.
Commissioner Reves: But if (INAUDIBLE) -- then if the consequences are -- I mean,
it is a Code Enforcement ticket, Code Enforcement tickets are -- they have an effect,
because if you sell or whatever you want to do with your property, we can place a lien
on the property if you don't pay -- right? -- but how can you go and enforce the
payment of this ticket with a person it is not going to be arrested or a person -- and
also, it is very -- I don't know, it's kind of dangerous, you see, that a person could be -
-1 mean, a person that doesn't have a job, doesn't have money, whatever, that person
cannot pay it, and then that person -- or the person doesn't want to pay it, let's say.
There's a distinction between don't want to do it or considers that you are violating
their rights, or that a person is -- economically cannot afford it. What it is the teeth
behind this? How are you going to enforce it?
Ms. Mendez: Right. You're correct that Code Enforcement liens attached to all real
and personal property -- real or personal property owned by a violator; and so, if we
decide policy wise -- if the Administration decides to take this to the full gamut, then if
we find any real or personal property owned by a violator, it can be liened. If not, we
don't have to spend the resources on that. At the end of the day, this is to achieve
compliance in the current situation. But the Manager can see to -- how the
Administration is going to deal with the actual liening of property based on this
emergency order.
Commissioner Reves: I think we should let the Manager decide what the
punishment's going to be and how it's going to be implemented. That's why he is the
Manager, you see, how it's going to be implemented. But whatever the decision has
been made, I want that -- I mean, immediately, we have to inform the public how
much is the fines, what are the consequences of not paying the fines, et cetera, et
cetera, and what the procedure is going to be. Because I don't want any confusion
out there and then, as all of us that are elected officials, we are going to be
bombarded with people asking questions. And whatever we do, we are going to be
blamed for it, okay? So we want to clarify -- I want to clam -- personally I want to
clarifY this, and personally, I want to take into consideration that we have a
population in the City of Miami which is not a population that it is in a -- the social
economic standards of most of our population. It is not a high -income population.
It's a population that they are mostly low income, and we have to do a thorough
educational program in order to let them know what the consequences are, because
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even now with the collection of garbage, you see, still there is a lot of confusion even
though they received a notification that the days were changed and the recycling
program was stopped, et cetera, et cetera. They still -- there is confusion there. I
don't want people to be either singled out or that -- or people that are -- that they are
going to be ,fined a lot of money that they cannot pay. And the consequences have to
be identified. What are the consequences? If you don't pay, what's going to happen
to you, you see?
Chair Hardemon: It's been -- so it's been properly moved and seconded, I believe.
Commissioner Diaz de la Portilla: I have a question.
Chair Hardemon: Senator, you're recognized.
Commissioner Diaz de la Portilla: Thank you, Chairman. Our City Attorney said
that this was a paper system and that kind of raises a concern. Is this system not
going to be computerized?
Commissioner Reyes: Good question.
Ms. Mendez: Mr. Manager --
Mr. Noriega: It is not going to he computerized. We don't have a system for that
right now. The reason why it's paper is in part because we've just created it really
from scratch. It can eventually evolve into a computerized system, but quite honestly,
this is intended to be a temporary process, not a permanent one or long-term one. It's
just intended to be imposed during the state of emergency. So I'm not sure we --
Commissioner Diaz de la Portilla: But --
Mr. Noriega: -- want to invest in an electronic --
Commissioner Diaz de la Portilla: -- wait a minute. I'm sorry, I'm sorry, City
Manager. But what would be -- first of all, what's the difficulty in computerizing it? I
mean, we're in 2020. What's the difficulty? So why would you have an escalated, you
know, repeat offender system in place that's not 150 per warning, 50, 150, and then
500, if you can't even computerize it because every time they would issue one of these
tickets, if it's a paper ticket, it'll be $50 every time they issue one. How would they
know --
Commissioner Reyes: Absolutely.
Commissioner Diaz de la Portilla: -- if they can't look it up in a simple way on a
phone, on a smartphone and say, "Wait a minute. This person with this social
security number or this driver's license number has already been fined." How would
you know that?
Mr. Noriega: No, no. That you will be able to do. What'll happen is they'll manually
write a ticket. That ticket will be logged into a computer system.
Commissioner Diaz de la Portilla: Okay, well, so computerized.
Mr. Noriega: And then the officer can cross reference that system. What I mean is
like, you know, I'm used to the parking world, where we have a handheld that you
actually enter in the information and it digitally prints a ticket. That's not what's
going to happen here. It'll be a handwritten ticket.
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Commissioner Reyes: Okay.
Mr. Noriega: The system will have --
Commissioner Diaz de la Portilla: Okay, that's not what the City --
Mr. Noriega: -- we'll have a data --
Commissioner Diaz de la Portilla: -- Attorney --
Mr. Noriega: -- base.
Commissioner Diaz de la Portilla: -- said. That's why -- okay, that was confusing.
So the Code Enforcement officer will know that that person's already been issued a
citation.
Mr. Noriega: Yes. They will be able to cross reference the data, correct.
Commissioner Diaz de la Portilla: Okay. And then I also remain concerned about
Commissioner Reyess concern. I have the same issue. There's no enforcement;
there's no teeth to this. If the person doesn't pay, what happens?
Ms. Mendez: There is teeth if you want there to he teeth. At the end of the day --
Commissioner Diaz de la Portilla: Of course you want -- I mean, why would you
have a penalty and a fine if you don't have any teeth attached to it? Otherwise, people
will know that they can just do it and -- they won't abide by the law if they know they
can get away with it if there's no enforcement.
Ms. Mendez: So, if they own real or personal property in the City of Miami, we'll
attach it to that -- or in the County. At the end of the day, Code Enforcement is an
interim process and you can attach it to personal and property owned by the violator.
So we will do our best to be able to attach it to property. So if they own property,
we'll attach it to that. If they don't own property which could be a percentage, we
may, not be able to properly collect if they decide not to pay. But I think it is a good --
Mr. Noriega: But could --
Ms. Mendez: -- (INAUDIBLE).
Mr. Noriega: -- Vicky, couldn't we send it to collections and do like a normal
collection process and impact their credit?
Ms. Mendez: We can. Well, not necessarily impact their credit --
Commissioner Diaz de la Portilla: Well, see, that creates -- that whole point here --
right? -- that's a major point here -- right? It now creates all kinds of burdens for
people. And now you're talking about liens; you're talking about collections. You're
talking about things that really can really impact --
Commissioner Reyes: Credit rating.
Commissioner Diaz de la Portilla: -- people's lives for a 50 -- for not wearing a
mask. And again, as Commissioner Reyes very correctly pointed out, our city is a
very poor city, my district in particular. There's a lot of poverty. And to me, to put
people through this process of maybe having whatever little credit they have even
further impacted or a lien on their home and they don't know how to get rid of that
lien, creates all kinds of burdens for these people that we're -- it just doesn't seem that
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the Code Enforcement mechanism is probably the best way to go about doing this. I
don't know what the better way would be, but it seems that still -- this hasn't been
really well thought out. I know, again, we're acting on situations that have evolved
and the increasing number of COVID cases and hospitalization the last couple -- or
five or six days, and we're acting. I just want to make sure we're not knee jerking this
and sort of not being -- not giving it the thoughtful process it deserves to make sure
that we have all of the right elements in place before you go on and say we're going
to, you know, start fining people for not wearing masks. Besides the fact -- the bigger
concern that I had that I expressed to the Manager earlier today that there are so
many different regulations throughout the County that we -- people are confused;
people don't know. They come from unincorporated Dade and they -- because you
know our Mayor in Dade County doesn't want people to wear masks. So if they come
into our city, they have to wear a mask. We're being cautious. We're protecting
everybody's health. Like Commissioner Carollo said, some people don't care about
the health of others. We have those people in our city and we have all kinds of
people. And if our Mayor -- the County Mayor doesn't think that's necessary and then
those people that live in unincorporated Dade come to the City of Miami and they find
that in the City of Miami, we do care about people's health, then they can be fined. So
it appears to me -- I'nz just thinking out loud here as I'm trying to express different
points -- it seems to me that it hasn't really been well thought out. And perhaps, we
just maybe give the Manager a couple of days --
Commissioner Reyes: Yes.
Commissioner Diaz de la Portilla: -- to think of a better way of doing this --
Mr. Noriega: Well --
Ms. Mendez: Commissioner --
Commissioner Diaz de la Portilla: -- voting for the policy. I agree with the policy. 1
think we should be wearing masks. I think we should be mandating our residents
wear masks. We need to protect our citizens, our most vulnerable citizens. I'm
particularly concerned again, because a lot of these cases are occurring in the district
I represent, but I am worried about all Miamians. And to me, they need to -- we need
to be clear in the message and the education process of what they can and cannot do.
I spoke to the Manager yesterday about, you know, people gather around in a circle.
Are they recreating? Are they exercising? Are they barbecuing? They don't have to
wear a mask? We have some exceptions there I think have been cleared up. But
again, this confusion about what the rule is. After that, the confusion about what the
rules are in other parts of the County and the fact that a lot of these cities are right
next to each other, people can very easily go from unincorporated Dade into Miami
and all of a sudden find themselves in violation and not wanting to, just simply that
the County Mayor told them that it was okay to walk around and do what they want to
do.
Commissioner Reyes: And other cities. And I'm sorry to interrupt. Other cities, you
see, we live next to Coral Gables. Coral Gables is not imposing masks, and you just
cross -- I mean, from my home, I cross 8th Street and I'm in Coral Gables and
nobody's wearing a mask. And they -- if' they cross 8th Street and come into my
neighborhood, they will be fined, you see.
Mr. Noriega: So, if I may, just to clam a couple things. So we have had multiple
meetings. We've really vetted this extensively. We don't have a county process, that
adjudication process that allows us to tap into. The State does not have a statute that
allows us to do it. This is really the only option we have for any type of civil penalty.
The only other option we have is arrest. So we did very well thought it out.
Unfortunately, there is no County option and there is nothing else available to us at
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the State level, so this is our only option for now, absent addressing it somehow in
Tallahassee, and there won't be a session in time to really address this now. The
other part of this so that -- to create clarity, the City of Coral Gables does have a
mask order and it is a $50 fine. So there is consistency between what I intended to do
or propose to what is happening in Coral Gables. You know, the option here is not to
pass this, and then the only available option to our law enforcement -- to our police is
to issue them a warning and/or arrest. So they'll be --
Commissioner Reyes: I'm all for passing it.
Mr. Noriega: -- even more limited in that --
Chair Hardemon: Or we can give them a mask.
Mr. Noriega: Well, give them a mask --
Commissioner Reyes: You can give them a mask.
Mr. Noriega: -- yeah, but remember that giving them the mask, it doesn't solve the
problem. And that's one of the things we've seen. You can give them a mask and they
literally will take it and put it in their pocket and walk away and not wear it.
Commissioner Diaz de la Portilla: Well, the Chairman said it in jest, hut is there --
have you thought about perhaps doing that anyway, if you see people that are not
wearing a mask and they're out in public and we're getting masks or looking to get
masks donated from the State, that these enforcement -- these Code Enforcement
officers have a pack of masks on their -- in their car and say, "Hey, by the way, here's
if you don't have a mask, here, wear the mask," and at least force them --
Mr. Noriega: Yeah.
Commissioner Diaz de la Portilla: -- to comply on the spot?
Commissioner Reyes: Absolutely.
Mr. Noriega: That's what I mentioned earlier, Commissioner, is that we have -- the
intent is to distribute these to our Public Safety employees to do mask distributions of
them, to have them available and we're going to create a number of different
platforms by which we're able to distribute. Those -- we're going to have a specific
supply available to Code Enforcement and to Police so that when they approach
somebody who does not have a mask, they -- the first option is, hey, here's the mask.
Please put it on. Or they may have it on them and just not be wearing it -- right? -- so
that's the other option. But it's initially to educate. Then if they're not compliant, to
issue them a warning; and they've continued to be noncompliant, then that's when we
start the process of a fine --
Commissioner Reyes: Fining.
Mr. Noriega: -- issue. But the idea is to step it up, right, but be reasonable and
educate people. Please put your mask on, you know, be considerate of the order. And
then if they just continue to, you know, ignore that request, then it steps up beyond
that.
Commissioner Diaz de la Portilla: Okay.
Commissioner Reyes: Okay.
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Chair Hardemon: Madam City Attorney.
Ms. Mendez: I just wanted to tell the Commission this could be as onerous or as
lighthearted as you wish. If you don't want there to be a collections process, because
this has to do with emergencies and emergency orders and it is temporary, there
doesn't have to be a collections process. If you want it to have a collections process
and more teeth, it can. If you want it escalating -- obviously, that was the suggestion -
- it can be. So this process can be what you want it to be, but it is definitely better
than arrest.
Commissioner Diaz de la Portilla: Mr. Chair.
Chair Hardemon: Yes.
Commissioner Diaz de la Portilla: For my point of view, I wouldn't want this to be
sent to any collections agency if somebody doesn't pay a $50 fine. I wouldn't want a
lien on somebody's home.
Ms. Mendez: We don't have to.
Commissioner Diaz de la Portilla: I wouldn't want that kind of heavy-handed
approach, especially -- you know, the lien, it may, be a little bit different. But the
collections process, to ruin somebody's credit. for, you know, a $50 fine, 1 wouldn't
want that from my viewpoint.
Commissioner Reyes: 1 agree with you.
Commissioner Diaz de la Portilla: I don't know how the rest of the Commission feels
about it, but I wouldn't want it.
Commissioner Reyes: 1 agree with you.
Ms. Mendez: And you don't have to. You set the policy. You just tell us how you
want it.
Commissioner Carollo: The City Attorney said it could be lighthearted. Now that
you said that, then I can become creative. It's obvious that to have staggered fine
amounts, if people keep violating it, it's not going to work, because there's no way that
anybody out there could know if' they're a first-time offender or not. So what I
presented just can't work, because we don't have it computerized. So we could either
Ms. Mendez: The Manager said -- remember, this happened really fast., so in the first
meeting, we were at paper. They already said that they're computerizing it. So he
says that he will be able to know first offense, second offense.
Commissioner Carollo: That's -- you know, unless I see that it's guaranteed, from
what I've heard so far, it's not going to happen. So we either give warnings, give a
$50, or all those that want to keep on violating time and time again -- you said
lighthearted -- well, we could probably get cruise ships cheap enough now that we
could put all these people that want to get sick all in one place and maybe send them
to a nice cruise to the Bermuda Triangle where they could all be sick together; away
from us and not get the rest of us sick. I don't know, but you know, ladies and
gentlemen, we have to start laying out rules for people to follow if we're going to
protect our community.
Commissioner Reyes: I do agree with you.
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Commissioner Carollo: The bottom line is that 99 percent of the people are going to
follow rules. Now you might have some people that can forget, you know, to put the
mask one time or another. Those are the people, if you say something to them, they'll
immediately run and get a mask and be apologetic. I mean, that could happen to any
of us. We could have a lot on our mind and we forget to put it on if we get out
somewhere of our vehicles. What we're talking about is maybe a one percent or a
fraction of one percent that doesn't care, and they're going to tell you, F-U-C-K to
your face, and they're not going to put it on. That's where I was heading. Those are
the people that are spreading it all over the place. So --
Commissioner Reyes: Well, could it be -- Commissioner, and I do understand and
also, Mr. Manager, the -- Coral Gables, they have -- according to you, they have this
requirement to wear a mask or they will get a $50 fine. Well, I strongly recommend
that they go by Granada Golf courses and the people walk around there, and there's a
lot of cyclists around there, or go onto Prado, that people walk around there,
including me, and go walk around there because -- and people cycling around there
and then they walk by without any mask. And I will tell you that probably 90 percent
of the people, they're not wearing masks, but they are exercising, so they're not
enforcing it. But now, if we want to go and be strict, I would say, "Okay, let's go and
give them a warning. Give them a $50 fine." And if you do it again, we arrest you.
And you can heat the charge, but you cannot heat the ride. let them know, "Listen, if 1
catch you again, you're going to he arrested," you see. 1 think that it will be more
effective than being escalated 150, 200, because if I know that 1 don't have to pay it, if
1 know that, what are they going to do to me? You see, I'm not going to worry. I
mean, give me $2, 000 fine. What are you going to do? You're going to lien my dog?
Or what are you going to do, you see? And I wouldn't care. Now but if you know
that probably if we give you like three strikes and you're out, maybe that will be more
effective, you see. 1 think that will be more effective, three or four strikes and you're
out, you know. But by increasing it to 500, 600, $1,000 -- unless there are
consequences, then we are not going to be doing much. And also, as Commissioner
Diaz de la Portilla said, I don't want anybody's credit be destroyed because -- or
affected because of a $100 fine or a $50 fine, and because maybe they forgot their
mask or maybe they -- I don't know, I don't know. And if they have a mask and a
police officer or a Code Enforcement officer said, "Hey, wear your mask," and people
will comply. They're doing it in stores, you see. You go to any store -- for example,
you go to Home Depot and there are some people that they are coming in and they
have the mask maybe halfWay with all their nose out or they don't have the mask on,
and they tell them, "Wear your mask." People are complying, you see. The thing is
that we have to be on top of that, okay. And now that there are going to be
consequences; yes, there have to be consequences. But listen, I know we have to
decide how hard the consequences are.
Mr. Noriega: So if I may. Actually, Commissioner Reyes circled back to actually the
original intent, which was warn them, fine them and then if they continue to be
noncompliant, we had the option to arrest, if necessary.
Commissioner Reyes: That's it, that's it.
Mr. Noriega: I think it's a last resort but that was sort of the original intent with what
we had proposed.
Commissioner Reyes: I'm more in favor of that than going up to $1,000, unless we
had a means of collecting it.
Commissioner Carollo: But I want to be crystal clear.
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Commissioner Diaz de la Portilla: He didn't say down.
Commissioner Carollo: We're not going to touch their credit.
Commissioner Reyes: Okay.
Chair Hardemon: Also, listen, there's two ways that you can make an arrest. Alright,
you can physically arrest the person and transport them to Dade County Jail, or you
can issue a promise to appear, which is (INAUDIBLE).
Commissioner Reyes: That's --
Chair Hardemon: And so the question is, should this policy be where you're issuing
them a promise to appear, which is effectively an arrest, but you don't put them
through having to be booked and fingerprinted and strip -searched and put in jail and
posting a bond in order to get out. Like what is it that you all want to do?
Commissioner Reyes: I'd rather have a promise to appear, because that way -- you're
scaring the hell out of them. I mean, because if somebody comes to me, a police
officer, and says, "You have to be in court. You have to appear that day," you know
that is an offense that if you don't appear then you have an arrest warrant, I guess.
Ms. Mendez: A promise to appear is an arrest. You have a criminal record.
Chair Hardemon: That's what 1 said, but an arrest -- you're saying --
Ms. Mendez: No, I'm telling --
Chair Hardemon: No, I'm saying but at the very, very end, the statement was that you
could make an arrest if someone continues to violate. And so, it's always the question
whether or not you're arresting someone for a mass violation, whether or not that's
something that's worth actually taking that person into custody. They're going to get
out. They may get released on their own recognizance. They'll be out in no time, so
that ride that you described is true. They won't beat that but they're certainly going to
get out and then will have to face the same consequences. My thought is that I
wouldn 't want someone to have to necessarily go through a physical arrest rather
than the promise to appear if (INAUDIBLE) --
Commissioner Diaz de la Portilla: Mr. Chairman.
Chair Hardemon: Yes.
Commissioner Diaz de la Portilla: Mr. Chairman, where are we procedurally now?
Is there a motion on the floor?
Chair Hardemon: There is a motion, yes.
Commissioner Diaz de la Portilla: And that motion is Commissioner Carollo's
motion for the escalated fine system?
Commissioner Carollo: No, no.
Commissioner Reyes: It's a motion to approve it as it is.
Chair Hardemon: That is correct.
Commissioner Diaz de la Portilla: As it is. Is there an amendment on the floor then?
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Commissioner Reyes: No.
Chair Hardemon: And so --
Commissioner Reyes: I mean --
Commissioner Diaz de la Portilla: So I want to propose an amendment.
Chair Hardemon: Thank you, sir.
Commissioner Diaz de la Portilla: That basically it's Commissioner Carollo's
amendment, that it's an escalated -- now take into account with -- before I do the
amendment, let me just clarify what our City Manager said -- that it will be
computerized, that we will know when the person has been issued a ticket -- a
warning, and then a ticket and then a second ticket -- correct? -- and it's up to $500,
according to Commissioner Carollo's suggestion, correct, Mr. Manager.
Ms. Mendez: That all can be done --
Commissioner Diaz de la Portilla: No. Mr. Manager. Mr. Manager, Mr. Manager.
He said that it will be a -- sorry, Vicky, let me speak to the Manager, first, and I'll get
to you in a minute.
Mr. Noriega: For clarity, let's be clear what the step up is: Warning, $50, $150,
$500.
Commissioner Diaz de la Portilla: That's the scale, okay.
Mr. Noriega: Yeah.
Commissioner Diaz de la Portilla: And that's computerized and you can -- there's no
Mr. Noriega: There'll be a database, correct.
Commissioner Diaz de la Portilla: Okay, so it's databased so -- right, it'll be --
people will be able to know when the officer -- the Code Enforcement officer does it,
there'll be no -- if you don't pay it, there's no reporting to the credit agency, no lien or
anything like that, right? This is -- I'm talking out what my motion is going to be, my
amendment.
Mr. Noriega: Correct.
Commissioner Diaz de la Portilla: Okay, talking through it. So that will be my
amendment then, Commissioner Carollo's idea of a warning, 50, 150, 500; no
collection agency, no lien, no paper arrest — because that is a criminal arrest. This is
a civil citation; correct, Ms. Mendez? So -- and that will be my amendment. That's
the way we'll proceed. That's what I recommend that we do.
Mr. Noriega: With the understanding -- Commissioner, with the understanding that
we really, don't -- we'll issue the fine, but ultimately the only really substantial way to
enforce that is -- will be an arrest.
Commissioner Reyes: That's right.
Commissioner Diaz de la Portilla: The substantial way -- eventually.
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Mr. Noriega: Eventually, because, I mean, they're going to -- they're clearly not
going to pay the $100 -- 50 or $500 fine. We don't have any way to enforce them
based on the motion you put.
Commissioner Diaz de la Portilla: And what way would you recommend -- what
would you add to that amendment to be able to enforce it without doing the collection
agency, without doing the paper arrest, without doing the lien on the property?
Mr. Noriega: No, the only option is the arrest part, which is why I -- my thought was,
from the beginning, is don't go through that second and third fee uptick; just move
directly to the option to arrest. That's the real enforcement --
Commissioner Diaz de la Portilla: But that's not my amendment. That's not the
amendment I'm discussing.
Mr. Noriega: No, that's not your amendment. That's what I'm saying. There isn't any
other option. We don't have --
Commissioner Diaz de la Portilla: Is there a notification process that you can put in
place that would tell them that you're going to send it to a collection agency or that
you're going to put a lien, or is there a process that you would put in place that would
warn them or scare them, let's say -- for lack of a better word -- into complying and
into paying?
Mr. Noriega: You're required to, yes.
Commissioner Diaz de la Portilla: Okay. Could that be a repeat notification so it's
not an immediate sending to a collection agency, something of that nature?
Mr. Noriega: There's typically a timeliness. 1f you don't pay within 30 days or 45
days, then you get a notice that you actually will be sent to collection.
Commissioner Reyes: May I -- Mr. Manager.
Mr. Noriega: That's how it typically works.
Commissioner Reyes: Mr. Manager, what was your -- I mean, your -- the idea that
you had in order to enforce this? How were --?
Commissioner Diaz de la Portilla: That's what 1 was asking.
Commissioner Reyes: I mean, that's right. What was -- I mean, what procedure did
you -- was the one that you had in your mind when you were doing this?
Mr. Noriega: Exactly what I proposed: Warning, $50, and then if they don't pay the
$50 fine and they're caught again, then they could be subject to arrest. That was the
thought.
Commissioner Reyes: Okay, there you have it.
Commissioner Diaz de la Portilla: That seems a bit draconian to me. I mean --
Mr. Noriega: (INAUDIBLE).
Commissioner Diaz de la Portilla: -- can you think it over again and maybe come up
with something that's a little bit less --
Mr. Noriega: That's the problem.
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Commissioner Diaz de la Portilla: -- police state like?
Mr. Noriega: I'm not -- this isn't a regular card game here. I've got like literally
three cards to play five -card -- you know, a five -card game, so I don't have a lot of
options available. That's the problem. My legal remedies are limited. That's the
problem we have here. But the issue is we have a health -safety concern -- right? --
And we have an emergency so we're trying to address it within the parameters
available to us. It's as simple as that. Look, we all are extremely concerned with the
numbers and want to address it. We understand that wearing a mask is critical to
that. We also understand that there are people that literally have no regard for it —
Commissioner Diaz de la Portilla: Yes.
Mr. Noriega: -- and no regard for their neighbor, and the impact that has. So the
only way to ensure compliance is in some way, shape or form you have to have a
heavy hand, but you do that two or three steps into it. You don't do that from the
beginning.
Mr. Noriega: So the heavy hand could be a "three times you're out" kind of thing. So
the heavy hand could be a "three strikes and you're out" approach, which --
Mr. Noriega: Or three strikes.
Commissioner Diaz de la Portilla: --for lack of a better, you know, term.
Mr. Noriega: -- three strikes and you're out.
Commissioner Diaz de la Portilla: I know that's not a very popular term these days.
But you know, three violations and then you get arrested.
Mr. Noriega: You get caught the third time --
Commissioner Diaz de la Portilla: Well, including the warning. The warning, one,
two, and then you get -- the third one, you're arrested.
Mr. Noriega: And then you get -- the third -- by the third time, maybe that's --
Commissioner Diaz de la Portilla: By the third time, you'll be arrested. That will be
my amendment, that long, convoluted way I just did it right now, we just went back
and forth. So Vicky, it's your job to put all that together.
Victoria Mendez (City Attorney): Yes.
Commissioner Reyes: Is that your amendment?
Commissioner Diaz de la Portilla: Kind of tell us what --
Commissioner Reyes: I second the amendment.
Commissioner Diaz de la Portilla: Tell me what I said in a succinct way, not in a
convoluted way the way I did it, and then we can maybe do my amendment.
Chair Hardemon: To clarify, Senator, I want to have an understanding. Are you
saying -- are we saying that we are going to issue a promise to appear as the arrest?
Can we make that -- are we making that a part of the policy or are we --?
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Commissioner Diaz de la Portilla: Yes, yes.
Chair Hardemon: Great, wonderful.
Commissioner Diaz de la Portilla: Yes, sir.
Chair Hardemon: Okay.
Commissioner Diaz de la Portilla: Yes.
Ms. Mendez: So if I just may clarify something. This ordinance is for any violation
under the emergency order, so I just wanted to also note that it also says that the
amount shall be set forth by the City Manager, so he can issue a separate memo with
all these things that you are advising him to do, and that will be the policy. You know,
the warning, the -- you know, $50 -- the sliding scale, et cetera, up to $500 if you want
to change this amount. from 250 to 500. And you can leave this as is and then do a
separate resolution if you want, telling the Manager exactly what you want to do for
masks. Because remember, this encompasses more than just masks. This allows. for
civil citations. for other things that right now we're not thinking of.
Commissioner Reves: Such as?
Commissioner Diaz de la Portilla: Like, like, like?
Commissioner Reves: Such as?
Ms. Mendez: Like any of our orders that we presently have in place. It could be a
code enforcement violation.
Chair Hardemon: It could be a violation of -- yeah.
Commissioner Diaz de la Portilla: But not social distancing, right?
Commissioner Reyes: Yeah.
Commissioner Diaz de la Portilla: Does it apply --?
Ms. Mendez: Arguably.
Commissioner Diaz de la Portilla: This would apply to social distancing, also?
Ms. Mendez: Potentially, yes; that's why it's a generic item and there --
Commissioner Diaz de la Portilla: Okay, well, see, now you've opened up a whole
new can of worms.
Commissioner Reves: Absolutely.
Commissioner Diaz de la Portilla: That's a different conversation --
Chair Hardemon: All right, so --
Commissioner Diaz de la Portilla: -- because now you're talking about whether
people are five feet apart or four feet apart, or six feet apart. Now you're talking
about a certain amount of arbitrariness that a police officer can have that I wouldn't
want --
Chair Hardemon: Oh, but Senator --
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Commissioner Diaz de la Portilla: -- to give that police officer that --
Chair Hardemon: Senator, I understand --
Commissioner Diaz de la Portilla: -- arbitrary --
Chair Hardemon: -- that police officers have the ultimate arbitrariness, ifyou will.
Commissioner Diaz de la Portilla: Of course.
Ms. Mendez: The police --
Chair Hardemon: But this (INAUDIBLE) --
Ms. Mendez: -- already have --
Chair Hardemon: Right. What this does --
Commissioner Diaz de la Portilla: Or discretion. It's called discretion.
Chair Hardemon: Yes, and what this does is this provides some parameters to all of
our emergency ordinances. And so, in the past without this -- well, currently without
this that the only way that we can enforce this is with an arrest. And so, what we're
saying is, instead of making an arrest for violating your curfew, instead of making an
arrest. for violating the social distancing, instead of making an arrest for not wearing
a mask -- that policy hasn't been established yet but it will be, I'm assuming -- you
can do these things. So 1 think it's good policy.
Commissioner Diaz de la Portilla: I agree.
Chair Hardemon: It's a good policy; and so, it needs to be put in place. Everything
besides that is going to be up to the Manager and his emergency, orders as far as what
is decided upon our -- for our residents to follow.
Commissioner Diaz de la Portilla: I agree with you, Chairman. But let me just ask
one more question for clarity.
Chair Hardemon: Yes.
Commissioner Diaz de la Portilla: Mr. Manager, tell us what are all those things that
the public, the people that are watching, us and the people that will be reading about
the discussion tomorrow or later on today in the paper and social media, what are
those things that people can be fined for and eventually paper arrested for? Social
distancing, masks, what are the different things that you are --?
Ms. Mendez: Price gouging.
Commissioner Diaz de la Portilla: Hold on, hold on.
Ms. Mendez: Price gouging.
Commissioner Diaz de la Portilla: Vicky, Vicky, Vicky, I know you're excited today,
but I'm asking our City Manager.
Mr. Noriega: For purposes --
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Commissioner Diaz de la Portilla: And then I'll -- when we get to the legal part, well
get to you. But right now we're doing the policy part so let me ask you --
Mr. Noriega: -- of the policy directive, this will only address now the wearing of
masks. There will be no other enforcement of any other provision of the emergency
order. This is solely to address masks, and there will be a memo to specifically speak
to that.
Commissioner Diaz de la Portilla: But Mr. Chair -- but that's not what was told to
me right now by our Chairman and by our City Attorney. So that's why -- I want one
voice here --
Mr. Noriega: No, no.
Commissioner Diaz de la Portilla: -- in the Administration.
Mr. Noriega: Let me clarify it for the City Attorney.
Commissioner Diaz de la Portilla: Okay.
Mr. Noriega: This order gives you the flexibility to be able to fine somebody -- right?
-- for violating any emergency order; that's what this does. This sets the parameters.
This is what 1 mentioned before was enabling legislation. That's all this is.
Ultimately, there is a policy that has to come with that. And what I'm telling you is
that the policy directive will only address you not violating a mask order, which by
the way, it hasn't even been issued yet -- right? -- but it'll be to violate a mask order
and there will be a policy associated with that that specifically decides the course of
action, which is that --
Commissioner Diaz de la Portilla: Which will be this policy that we're outlining here
today, we're discussing right now. But you won't have the discretion, Mr. Manager,
to expand that to include other areas until you come back to us, and you say, "Well,
now we're going to do it for social distancing because people gathering at the beach
and they're all over each other."
Mr. Noriega: I will commit to you now that I won't come back to you for any other
aspect of the emergency order without getting specific instruction from the
Commission.
Commissioner Reyes: In other words — excuse me -- what you're committing is that
you will not expand this beyond wearing a mask without coining to us?
Mr. Noriega: Correct.
Commissioner Reyes: Okay.
Commissioner Diaz de la Portilla: Okay. I'm comfortable with that.
Vice Chair Russell: Mr. Manager, I just have a concern for our employees, because
now we will be tasking them with approaching people who are not wearing masks
who may be upset that they're being approached or fined for this, and there may be
yelling in a close proximity. So please make sure that our staff is very well protected
and that it's good protocol.
Mr. Noriega: Duly noted.
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Commissioner Diaz de la Portilla: So that's my amendment -- or we don't need an
amendment, I guess, if we already issued a directive to --
Commissioner Reyes: That's right.
Commissioner Diaz de la Portilla: (INAUDIBLE) Commission.
Commissioner Reyes: We sent a directive to (INAUDIBLE).
Commissioner Diaz de la Portilla: Yeah. We can move on now, right? I think.
Ms. Mendez: Everybody understands, though, that as it stands right now, the only
thing you could do is arrest if you don't pass this, right? Upon any emergency --
Commissioner Diaz de la Portilla: Vicky, we're getting ready to pass it.
Commissioner Reyes: We're ready to pass it.
Commissioner Diaz de la Portilla: We're either issuing a directive or we're passing
something, but I think it's been clear what we're doing here. We already issued the
parameters. I think every Commissioner has given his opinion and we all agree -- I
think -- that what we want to do, Vicky, so we're already aware of what -- the sliding
scale, the warning, the 50, the 150, the 500, paper arrest, after three strikes you're
out. It only applies to masks. So we all know what we're doing, I think. I'm pretty
clear at least as to what -- and of course, Commissioner Russell's suggestion was a
very good one that our workers be protected and be guaranteed -- and also, handing
out masks to people who are not wearing masks. We've discussed all that. I guess
that's kind of the directive, amendment, motion, whatever you want to call it, whatever
way we need to do it. Let's just do it and move on, because I'm beginning to get this
feeling that I'm back to my first meeting as a City Commissioner that it went very,
very long, and I thought we were moving in the right direction and making these
meetings a little bit shorter. But no, and here we are again. We still have all the PZ
(Planning & Zoning) items -- right? -- ahead of us. And our new Manager is
committed to making these meetings very short too, so I think we should all work
together to shorten the meetings and get home in time so Commissioner Russell could
celebrate his birthday and have a nice dinner with his wife and children because it is
his birthday. Let's keep that in mind.
Chair Hardemon: Is there any further discussion then on this matter, on E0.1, the
ordinance, emergency ordinance?
Ms. Mendez: Are you amending it to up to 500 then or is it going to --?
Unidentified Speaker: Yes, it is.
Commissioner Diaz de la Portilla: Yes, ma'am.
Mr. Noriega: You are?
Commissioner Carollo: What is the amendment that we're doing?
Commissioner Reyes: It's not an amendment. I thought that we gave him a directive.
We are passing it the way it is and we're giving him a directive.
Ms. Mendez: The only amendment to this item is going to be that it's 500 -- up to
$500.
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Commissioner Reyes: Up to $500. Well, that's fine with me.
Ms. Mendez: And then the Manager --
Commissioner Reyes:
discussed before.
Ms. Mendez: Right.
memo explaining the
other item --
Commissioner Reves:
The way that it is going to be implemented, it is what we
The Manager will -- for the masks, the Manager will set out a
fines, and then, in the future, if he wishes to expand this to any
He'll have to come back.
Ms. Mendez: -- he'll have to come back, based on the directive.
Chair Hardemon: But also, without the amendment about the promise to appear, they
have the ability to make a physical arrest and book.
Ms. Mendez: Right. You're not giving -- the only options you have are arrest, other
than the masks, based on your directive right now. That's what I wanted to make
clear.
Chair Hardemon: No, no, no, no. I get that part, hut even with the masks, right now,
the police officers, they already have the discretion to do a promise to appear or make
a physical arrest.
Ms. Mendez: Correct.
Chair Hardemon: What I'm asking is, are we able to limit it to the promise to
appear?
Commissioner Reyes: In the event that the person is a habitual offender?
Chair Hardemon: Correct.
Ms. Mendez: That can be part of the Manager's --
Mr. Noriega: Mr. Chair, I'll absolutely include that as part of the policy.
Chair Hardemon: Okay.
Commissioner Reves: Okay.
Chair Hardemon: All right. Seeing no further discussion, all in favor of the motion,
say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against?
Ms. Mendez: As amended.
Chair Hardemon: It passes. Do you need to read it again for a second time?
Ms. Mendez: I have to read it again. Thank you.
The Emergency Ordinance was read by title into the public record by the City
Attorney.
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NA.5
7594
Office of the City
Clerk
Chair Hardemon: Mr. Papier, you have a question?
Ronald Papier (Deputy Police Chief): Mr. Chair, am I speaking?
Chair Hardemon: Yes, sir. You're recognized.
Mr. Papier: Si,, I just believe there may be an issue with Florida State law that there
are certain conditions that we may not issue a "will appear," so we may need to
check the Florida Statute, because there are conditions --
Chair Hardemon: There certainly are conditions and make sure -- Mr. Manager,
make sure you check it before you put it in your policy. You're absolutely right.
There are situations in which you must make a physical arrest.
Mr. Papier: Thank you.
Chair Hardemon: Any further discussion? Hearing none, all in favor, say "a
Todd B. Hannon (City Clerk): Chair I need a motion.
Chair Hardemon: Oh, we need another motion.
Commissioner Diaz de la Portilla: Moved.
Chair Hardemon: It's been properly moved by the Senator; seconded by
Commissioner Reyes. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? That motion carries.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE MIAMI 21 REPORT AD HOC TASK FORCE
FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Thorn Grafton
(Experience in Resiliency
and Sustainability)
ENACTMENT NUMBER: R-20-0190
Commissioner Joe Carollo
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
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ADJOURNMENT
Nicole Ewan (Assistant City Clerk): And Commissioner Carollo does have an
appointment to the Miami 21 Ad Hoc Taskforce. He will be appointing Thorn Grafton
to the board.
Commissioner Reyes: Move it.
Chair Hardemon: Seconded by Commissioner Carollo. All in favor, say "aye."
The Commission (Collectively): Aye.
Ms. Ewan: Thank you, Chair and Commissioners.
Chair Hardemon: The motion carries. That's all?
Commissioner Reyes: Yep.
Chair Hardemon: Yes? Okay.
The meeting adjourned at 6:11 p.m.
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