HomeMy WebLinkAboutCC 2024-04-25 MinutesCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Meeting Agenda
Thursday, April 25, 2024
9:00 AM
City Commission Meeting
City Hall
City Commission
Francis X. Suarez, Mayor
Christine King, Chair, District Five
Joe Carollo, Vice Chair, District Three
Miguel Angel Gabela, Commissioner, District One
Damian Pardo, Commissioner, District Two
Manolo Reyes, Commissioner, District Four
Arthur Noriega, V, City Manager
John A. Greco, Interim City Attorney
Todd B. Hannon, City Clerk
City Commission
Meeting Minutes April 25, 2024
9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Chairwoman King, Vice Chair Carollo, Commissioner Gabela, Commissioner Pardo
and Commissioner Reyes.
On the 25th day of April 2024, the City Commission of the City of Miami, Florida, met at its
regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular
session. The Commission Meeting was called to order by Chairwoman King at 9:17 a.m.,
recessed at 12:13 p.m., reconvened at 2:43 p.m., and adjourned at 5:19 p.m.
Note for the Record: Commissioner Gabela entered the Commission chambers at 9:22 a.m.,
Vice Chair Carollo entered the Commission chambers at 9:23 a.m., and Commissioner Pardo
entered the Commission chambers at 9:24 a.m.
ALSO PRESENT:
Arthur Noriega, V, City Manager
George K. Wysong III, City Attorney
Todd B. Hannon, City Clerk
Chair King: And at this time, we are going to open our meeting with prayer. I am joined by my
colleagues, Commissioner Miguel Gabela, Commissioner Pardo, Commissioner Joe Carollo and
Commissioner Manolo Reyes. Welcome to the City of Miami Commission. This is Pastor Linda
Hawkins of Covenant Ministries who will lead us in prayer today.
Invocation delivered.
Chair King: Thank you so much, amen. And at this time, Miss Chloe Samuels will join us -- lead
us in prayer. I'm sorry, the Pledge of Allegiance. I'm sorry, I'm sorry.
Pledge of Allegiance delivered.
Chair King: Thank you. Miss Chloe is an eighth grader at North Dade Middle School and will be
attending the Criminal Justice Magnet Program at Miami Carol City Senior High School. Thank
you, Chloe.
Applause.
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PR - PRESENTATIONS AND PROCLAMATIONS
PR.1 PROTOCOL ITEM
15666
Honoree
Presenter
Protocol Item
Take Your Child to Work Day
Mayor and Commissioners
Salute
YMCA of South Florida Swimming
Program
Mayor and Commissioners
Certificate of
Appreciation
Eduardo Montes
Mayor and Commissioners
Proclamation
Kerri L. McNulty
Mayor and Commissioners
Proclamation
AARP (American Association of Retired
Persons)
Mayor and Commissioners
Plaque
Presentation
RESULT:
PRESENTED
1) Mayor Suarez and Commissioners recognized the children that participated in the
"Take Your Child to Work Day", a national day that allows for children to get a
glimpse into the working world. City of Miami employees brought their children to the
City of Miami City Commission meeting for a lesson in government and to learn about
their parent's scope of work.
2) Mayor Suarez and Commissioners presented a Certificate of Appreciation to the
YMCA of South Florida 's Adapted Swimming Program. This Certificate of
Appreciation is awarded in acknowledgment of their steadfast dedication and
priceless contributions to the City of Miami. The involvement of the YMCA of South
Florida and the Adapted Swimming Program has not only empowered youth to thrive
in swimming but has also played a pivotal role in saving lives through the Parks and
Recreation Department. Elected Officials paused in their deliberations of governance
to commend and honor their commitment and passion for enhancing the community in
the City of Miami.
3) Mayor Suarez and Commissioners presented a Proclamation to Mr. Eduardo Montes.
Mr. Eduardo Montes began his employment with the City of Miami General Services
Administration (GSA) from October 4, 1994, until 2001 as an auto mechanic helper
and was eventually promoted to auto mechanic. In 2001, Mr. Montes was promoted to
Neighborhood Enhancement Team (NET) Inspector from 2001 until 2004 serving the
City of Miami citizens in the Little Haiti and Model City areas. Mr. Montes later
became Code Enforcement Inspector with the Code Compliance Department (formerly
Code Enforcement Department) in 2005. Due to his expertise and skills, he was later
promoted to Code Enforcement Supervisor. In 2014, he accepted a promotion with the
Office of Zoning for the Zoning If formation Specialist position, subsequently
promoted to Zoning Plans Examiner in 2019, and was promoted shortly thereafter to
his current position as a Zoning Information Supervisor. Throughout his tenure with
the City of Miami, he received various certificates, commendations, and awards
including the "Chicken Buster" Award, Director's Award, Mayor's Certificate of
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Meeting Minutes April 25, 2024
Appreciation, Certificate of Completion, and Employee of the Month. Elected Officials
paused in their deliberations of governance to commend his commitment, outstanding
service, unwavering dedication, and invaluable contributions to the City of Miami and
wished him well on his retirement.
4) Mayor Suarez and Commissioners presented a Proclamation for the late Ms. Kerri L.
McNulty. Ms. McNulty served as Division Chief of Appeals and Litigation at the City
of Miami City Attorney's Office where she demonstrated exceptional dedication and
professionalism in her role. Ms. McNulty joined the Office of the City Attorney in
November of 2014, and during her tenure, practiced in state and federal court in all
facets of municipal law, including, but not limited to, constitutional law, land use, and
zoning, tort law, labor and employment law, civil rights, election law, environmental
law, and building and code enforcement. Ms. McNulty was lead counsel in many
appeals at the City resulting in published opinions which have left a lasting impact on
general and municipal law, includingIgwe v. City of Miami, 300 So. 3d 279 (Fla. 3d
DCA 2019) (whistleblower statute); Manny Seafood Corp. v. City of Miami, 2023 WL
8101728 (Fla. 3d DCA Nov. 22, 2023) (land use); Wilson -Greene v. City of Miami,
200 So. 3d 1271 (Fla. 3d DCA 2017) (tort law); Fraternal Order of Police v. City of
Miami, 233 So.3d 1240 (Fla. 3d DCA 2017) (labor law); City of Miami v. Rivera, 348
So. 3d 10 (Fla. 3d DCA 2022) (government immunity); Miami Beverly LLC v. City of
Miami, 225 So. 3d 989 (Fla. 3d DCA 2017) (code enforcement); City of Miami v. Jean-
Phillipe, 232 So. 3d 1138 (Fla. 3d DCA 2017) (civil service); City of Miami v.
Fraternal Order of Police, 359 So. 3d 1229 (Fla. 3d DCA 2023) (arbitration) among
others. Ms. McNulty was also an advocate for the environment and worked tirelessly
to protect the health, safety, and welfare of the City and its residents by serving as
counsel in various matters including Florida Power & Light Co. Turkey Point Units
6 and 7 Power Plant Siting Application No. PA 03-45A3, Case No. 09-3575EPP
(DOAH 2013), City of Miami v. Florida Dept. of Environmental Protection, et al.,
DOAH Case No. 15-1747, In re Florida Power & Light Company (Turkey Point Units
6 and 7), Docket Nos. 52-040-COL and 52-041-COL (NRC 2016), and In re: Nuclear
Cost Recovery Clause, Docket No.: 160009 — El, among others, as well as zealously
advocating for stricter water quality standards during the Florida Department of
Environmental Protections Triennial Review of Florida's Water Quality Standards.
Ms. McNulty also dedicated herself to mentoring attorneys and students by serving as
the Internship and Recruitment Coordinator for the Office of the City Attorney and as
an adjunct professor at St. Thomas University School of Law. She also worked as
appellate counsel in the private sector for the law firms of Greenberg Traurig, P.A.,
White & Case, LLP, and Hicks Porter, Ebenfeld & Stein, P.A., where she also worked
on numerous appeals resulting in published opinions on a wide range of legal issues
and worked as a staff attorney for the Honorable Chief Justice R. Fred Lewis of the
Florida Supreme Court, and as a law clerk for the Honorable Thomas Logue of the
Third District Court of Appeal. Ms. McNulty courageously battled cancer, leaving
behind a legacy of integrity, compassion, and unwavering support for those afflicted
with the disease, she leaves behind an excellence in the legal profession that is
unmatched. She _faithfully served at the Office of the City Attorney for close to a
decade, contributing her expertise, passion, and commitment to the betterment of the
city and its citizens. Elected Officials paused in their deliberations of governance to
recognize and honor the outstanding contributions to the community, unwavering
commitment to justice, and enduring legacy of service to the City of Miami and
presented a proclamation to the Family of the late Ms. Kerri L. McNulty.
5) Mayor Suarez and Commissioners received a plaque from the AARP South Florida
(American Association of Retired Persons). The AARP presented a plaque to the City
of Miami in acknowledgement for their leadership to making the City of Miami Age -
Friendly City. The Age -Friendly Network fosters economic growth and makes Pr
happier, healthier residents of all ages with transportation and affordable housing.
Elected Officials paused in their deliberations of governance to accept the recognition
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ORDER OF THE DAY
for their leadership and for the continued work with the AARP South Florida Age -
Friendly Network.
Chair King: 2024. Today is Take Our Children to Work Day. And I want to recognize
all of our little people that have come to work with their parents.
Presentations made.
[Later...]
Chair King: 1 believe we have one more acknowledgement, AARP (American
Association of Retired Persons). AARP, come on up.
Presentation made.
Chair King: At this time, Mr. City Manager, would you please read your statement for
the record?
John Greco (Interim City Attorney): Detailed information about the processes, order
of business, rules of procedure and scheduling and rescheduling of the City
Commission meetings can be found in Chapter 2, Article 2 of the City Code, a copy of
which is available online at www.municode.com. Any person who is a lobbyist
pursuant to Chapter 2, Article 6 of the City Code must register with the City Clerk and
comply with related City requirements for lobbyists before appearing before the City
Commission. A person may not lobby a City official, board member, or staff member
until registering. A copy of the code section about lobbyists is available in the City
Clerk's Office or online at www.municode.com. Any person making a presentation,
formal request, or petition to the City Commission concerning real property must
make the disclosures required by the City Code in writing. A copy of this City Code
section is available at the Office of the City Clerk or online at www.municode.com.
The City of Miami requires that anyone requesting action by the City Commission
must disclose before the hearing any consideration provided or committed to anyone
for agreement to support or withhold objection to the requested action pursuant to
City Code Section 2-8. Any documents offered to the City Commission that have not
been provided seven days before the meeting as part of the agenda materials will be
entered into the record at the City Commission's discretion. In accordance with
Section 2-33(f) and (g) of the City Code, the agenda and the material for each item on
the agenda is available during business hours at the City Clerk's Office and online,
24 hours a day at www.miamigov.com. Any person may be heard by the City
Commission through the Chair for not more than two minutes on any proposition
before the City Commission unless modified by the Chair. Public comment will begin
shortly and remain open until public comment is closed by the Chairperson. Members
of the public wishing to address the body may do so by submitting written comments
via the online comment !Om. Please visit www.miamigov.con/meetinginstructions for
detailed instructions on how to provide public comment using the online public
comment form. The comments' submitted through the comment form have been and will
be distributed to the elected officials, their staff and City Administration throughout
the day so that the elected officials may consider the comments prior to taking any
action. Additionally, the online comment form will remain open during the meeting to
accept comments and distribute to the elected officials, their staff',' and the City
Administration up until the chairperson closes public comment. Public comment may
also be provided live at City Hall located at 3500 Pan American Drive, Miami,
Florida, subject to any and all city rules as they may be amended. If the proposition is
being continued or rescheduled, the opportunity to be heard may be at such later date
before the City Commission takes action on such proposition. When addressing the
City Commission, the members of the public must first state their name, their address,
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and what item will be spoken about. Any person with a disability requiring assistance,
auxiliary aids, and services for this meeting may, notify the City Clerk. The City has
provided different public comment methods to indicate, among other things, the
public 's support, opposition, or neutrality on the items and topics to be discussed at
the City Commission meeting in compliance with Section 286.0114, Subsection (4)(c),
Florida Statutes. The public has been given the opportunity to provide public comment
during the meeting and will be -- within reasonable proximity and time before the
meeting. Please note, Commissioners have generally been briefed by City staff and the
City Attorney's Office on items on the agenda today. Anyone wishing a verbatim
record of an item considered at this meeting may request it at the Office of
Communications or view it online at www.miamigov.com. Planning and Zoning items
shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance. Parties
for any PZ (Planning and Zoning) items, including any applicant, appellant, appellee,
City staff and any person recognized by the decision -making body as a qualified
intervener, as well as applicants, representatives, and any experts testifying on behalf
of the applicant, appellant, or appellee may be physically present at City Hall to be
sworn in by oath or affirmation by the City Clerk. The members of the City Commission
shall disclose any ex parte communications to remove the presumption of prejudice
pursuant to Florida Statute Sections 286.0115 and Section 7.1.4.5 of the Miami 21
Zoning Ordinance. The order of presentation shall be as set forth in Miami 21 and in
the City Code. Staff will briefly present each item to be heard. The applicant will
present its application or request to the City Commission. If the applicant agrees with
the staff recommendation, the City Commission may proceed to its deliberation and
decision. The applicant may also waive the right to an evidentiary hearing on the
record. For appeals, the appellant will present its appeal to the City Commission
followed by the appellee. Staff will be allowed to make any recommendation they may
have. Please silence all cell phones and other noise -making devices. This meeting can
be viewed live on Miami TV, miamigov.com/TV; the City's Facebook page,
facebook.com/CityofMiamiGov; The City 's Twitter page, twitter.com/CityofMiami;
the City's YouTube channel, youtube.com/users/CityofMiamiGov; and Comcast
Channel 77, City of Miami. The broadcast will also have closed captioning. Thank
you, Madam Chair.
Chair King: Thank you. Mr. City Clerk, would you please read your statement for the
record?
Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals
requiring testimony to be sworn in for Planning and Zoning items and any quasi-
judicial items on today's City Commission agenda will be as follows: members of City
staff or any other individuals required to be sworn in who are currently present at City
Hall will be sworn in by me, the City Clerk, immediately after I finish explaining these
procedures. Those individuals who are appearing remotely may be sworn in now or
at any time prior to the individual providing testimony for Planning and Zoning items
and/or quasi-judicial items. Commissioners, are you comfortable with all the notice
provisions step forth in these uniform rows of procedures we established at the
meeting?
Chair King: Yes.
Mr. Hannon: Thank you, Chair. Chair, may I administer the oath for the Planning and
Zoning items?
Chair King: Please.
Mr. Hannon: Good morning, ladies and gentlemen. If you will be speaking on any of
toddy's Planning and Zoning items, the PZ items, may I have you please stand and
raise your right hand?
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The City Clerk administered the oath required under City Code Section 62-1 to those
persons giving testimony on zoning items.
Mr. Hannon: Thank you, Chair.
Chair King: Thank you. Mr. City Manager, do you have any items on this agenda that
will be deferred or withdrawn?
Arthur Noriega (City Manager): Good morning, Madam Chair, Commissioners, Mr.
City Attorney, City Clerk. At this time the Administration would like to defer and/or
withdraw the following items: On the regular agenda, RE.7, to be withdrawn; RE.8,
to be deferred to May 23rd; FR.1, to be deferred to May 23rd; 015, to be withdrawn.
Onto the PZ agenda: PZ.2, to be deferred to the May 23rd meeting; PZ.3, to be
deferred to the May 23rd meeting; and PZ.5, to be deferred to the May 23rd meeting.
That concludes the items.
(COMMENTS MADE OFF THE RECORD)
Mr. Noriega: Yes, sir. RE.7, to be withdrawn. RE.8, to be deferred to May 23rd. FR.1,
to be deferred to the May 23rd. DI.5, to be withdrawn. PZ.2, to be deferred to the May
23rd meeting. PZ.3, to be deferred to the May 23rd meeting. And PZ.5, to be deferred
to the May 23rd meeting.
Chair King: Thank you. At this time, do any of my colleagues have any items that you
would like to withdraw or defer? Mr. Vice Chair?
Vice Chair Carollo: None at this time.
Chair King: Commissioner Gabela?
Commissioner Gabela: No.
Chair King: Commissioner Pardo?
Commissioner Pardo: Yes, I'd like to indefinitely defer PZ.1 and PZ.18. I'd also like
to co-sponsor SR.2 and FR.2. And Madam Chair, if we could move up RE.12 for the
selection of the city attorney. I think it would make sense.
Chair King: Okay. Commissioner Reyes, do you have any items that you would like to
withdraw or defer?
Commissioner Reyes: (INAUDIBLE).
Chair King: So, at this time, may I have a motion to accept the agenda?
Commissioner Gabela: Motion.
Commissioner Pardo: So moved.
Chair King: I have a motion and a --
Vice Chair Carollo: I --
Chair King: -- hold on a second. The City Clerk is holding his hand up.
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Mr. Hannon: And Chair, just a couple of housekeeping matters during the Order of
the Day. Mayor Suarez would like to co-sponsor RE.14 and two clarifications for the
record for RE.5 and RE.6. RE.5 and RE.6, the City Commission was inadvertently
shown as the sponsor for those items. The correct sponsor for RE.5 and RE.6 should
reflect Commissioner Reyes. Thank you, Chair.
Chair King: Thankyou.
Commissioner Pardo: And I'd like to co-sponsor that as well.
Chair King: Got it. Mr. Vice Chair, you wanted to say something?
Vice Chair Carollo: Yes, 1 do. Thankyou. Which is the item again for the selection of
the city attorney?
Chair King: That would be RE.12.
Vice Chair Carollo: RE.12.
Chair King: Yeah.
Vice Chair Carollo: I would like to make sure that we deal with this in the afternoon
Chair King: We can't hear you.
Vice Chair Carollo: I said I'd like to make sure that we deal with this item in the
afternoon so that 1 can inquire some additional information that 1 do not have at this
point in time.
Chair King: Okay, so that's separate from our approving the agenda. I have a motion
and a second, all in favor?
The Commission (Collectively): Aye.
Chair King: And I believe if Commissioner Carollo needs additional information, we
don't mind.
Mr. Hannon: And Chair, I'm just going to read a brief statement into the record.
Chair King: Please.
Mr. Hannon: My apologies. Regarding PZ.1 and PZ. 18's indefinite deferral, pursuant
to Section 62-22 of the City Code, an indefinitely deferred action initiated by the City
will cost City mail, noticing advertising, and posting of properties as applicable.
Thank you, Chair.
Chair King: Thank you.
Commissioner Gabela: That was PZ what?
Chair King: That was for the items indefinitely deferred. PZ.1 and 18, I believe it was.
AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
City of Miami
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AM.1 City Commission - City Commission Meeting - Feb 22, 2024 9:00 AM
MOTION TO: Approve
RESULT: APPROVED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Chair King: May I have a motion to approve the minutes for the City of Miami
Commission Meeting for February 22nd, 2024?
Commissioner Reyes: Move it.
Vice Chair Carollo: Motion.
Chair King: I have a motion and a second; all in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
MV - MAYORAL VETO(ES)
There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor.
END OF MAYORAL VETO(ES)
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15980
Office of the City
Clerk
PUBLIC COMMENT PERIOD FOR ALL ITEM(S)
DISCUSSION ITEM
PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE
PUBLIC FOR THE APRIL 25, 2024 CITY COMMISSION MEETING.
RESULT: PRESENTED
Chair King: And at this time, we will open the floor for public comment. Those who
wish to speak on any item that is before us on this agenda, please step forward. And
also, please, if we can follow the advice of our Fire Department and limit it to five
people standing at a time. Good morning.
Nathan Kurland: Good morning. Nathan Kurland, 3132 Day Avenue. Good morning,
Commissioners. Good morning, ladies and gentlemen in the audience. A patient said to
his doctor, "Doctor, I think I'm shrinking. " And the doctor replied, "Sit down and be
a little patient. " Many of us have run out of patience, quite frankly. To quote Michael
Lewis of Miami Today, "how in heaven's name could commissioners look at Bayfront
Park, Ferre Park, and Virginia Key and think that they are the least bit suitable for
lighted billboards with changing messages? Have they any sensitivity at all .for what a
park is supposed to be?" Apparently not. Commissioner Carollo wants "billboard
revenue to improve our signature waterfront park." What a brilliant idea. Let 's install
lighted billboards with ads that change every eight seconds. What an improvement.
Visual pollution, as a tourist attraction, and make no mistake about it, LED (Light -
Emitting Diode) billboards are the worst form of visual pollution. We need you to step
up, Commissioners. This is an awful plan. Vote yes for SR.1. Thank you.
Chair King: Good morning.
Jeff Dorfman: Good morning. My name is Dr. Jeff Dorfman. I live at 2020 North
Bayshore Drive in Miami. I am treasurer and board member of Biscayne
Neighborhoods Association. We represent over 6,000 apartments in Midtown Miami.
Downtown and Midtown Miami are not Times Square. We support the sign ordinance
sponsored by District 2 Commissioner Damian Pardo. Thank you, Commissioner
Pardo, for proposing it. We are prepared to undertake all legal and forensic accounting
measures necessary to clean up Miami politics. Thank you very much.
Chair King: Thank you. Good morning.
John Dolson: Good morning. John Dolson, 4205 Lennox Drive, Coconut Grove. I do
live here. I'm not a tourist. And to clear the air, I'm also a geologist and educator, and
I stand nothing to gain by standing up here voicing my opinion. If I were a tourist, I
would not be coming down here to see LED billboards. I'd he coming down here to
celebrate the beautiful coastal community we have, which is why most of us live here. I
want to point out, this week we celebrated Earth Day. That is a global phenomenon to
protect and secure our environment for future generations. It's highly inappropriate to
be sitting here today trying to scar our beautiful coastline with these giant billboards.
I support SR.1. Let's kill it while we can. Thank you.
Applause.
Chair King: In chambers, we don't clap, we do this. Just a friendly reminder. Good
morning.
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Charles Walter: Good morning, Commissioners. My name is Charles Walter, 1901
Brickell Avenue. I'm here today with my daughter. It's Bring Your Kids to Work Day
today. So we see a few kids in City Hall. It's great to see. I am here as a resident of
Miami. I had started a group called Brickell Advocates a few years ago, and so I care
greatly about what 's going on in our neighborhoods and our city. I shared what 's going
on in a Facebookgroup called Brickell Living, where there are over 10,000 people who
participate in that community. And the general reaction, sometimes you'11 see things in
that group where it's like, oh, you moved to downtown. You should be used to the noise.
You should be expecting that. 1 didn't see one comment that 's in favor of oversized
billboards. And everyone is basically saying, just to read some of these comments:
horrible idea, don 't Times Square us, oh, hell no. It 's like the size of two average home
-- of two apartments side by side standing on edge. So clearly, this doesn't seem to be
something being requested by the residents of Miami. So we're just wondering why do
we need oversized billboards? Let 's keep it back to the size of the regular billboards,
and let's approve the SR.1. Thank you.
Chair King: Thank you. Good morning.
Debbie Dotson: Good morning. Debbie Dolson, 4205 Lennox Drive, Coconut Grove. I
support SR.1 with no amendments. This has been deferred many times, and I have
spoken many times on this issue. I've talked about the light pollution, the traffic
distractions, the quality of life, not being represented by a District 2 commissioner.
Why? Because all of those are important, and you've heard all of those before, because
they're important. But really, the bottom line is about the residents ' interests versus the
sign companies who are seeking profit. All of you commissioners are elected to
represent the interests of residents, not to cater to paid lobbyists out there to make
money. I'm sorry, Commissioner Reyes isn't here, but he has said that many times, that
he represents the residents. However, if these signs are allowed to go up, they are going
to spread to every single district. They 're not going to be just in District 2. They 're
going to be all over the city. And I don't think that your constituents would like them
any better than the residents of District 2. So, please support SR.1 with no confusing
amendments, no exceptions, as stated. Thank you.
Chair King: Thank you. Good morning.
Marcos Loureiro: Good morning, Madam Chair and distinguished Commissioners. My
name is Marcos Loureiro. I'm the president of Bay House Miami Condominium
Association. I live on 600 Northeast 27th Street, Miami. Thank you for the opportunity
to speak with you this morning and hope you consider my support to SR.1 as is and
reject any amendments. SR.l is a compromise ordinance that seeks to repeal provisions
introduced by former Commissioner Alex Diaz de la Portilla. In other words, he 's no
longer here. It's a good opportunity to review the State of Florida's recommendation,
which says area maximum of 900 feet -- square feet, height maximum of 65. PAMM
(Perez Art Museum Miami) billboard is almost double in area and height, almost
double, 1,800 and 100. For that reason alone, it should be -- go away. Large billboards
remind me of Las Vegas, Times Square, places that I like to visit, but I will not live in.
I will not live in, due to the visual pollution night and day, and also danger to drivers
on expressway getting distracted and having car accidents. I had the opportunity to see
some pictures during the test carryout, and they are not acceptable. Soon we'll have a
wonderful signature bridge, a spectacular Underdeck park. And this billboard goes
against the community is looking for, which is a vibrant, beautiful city, free from
gigantic, humongous, intrusive billboard. In closing, I support SR.1 as is and reject all
changes. Once again, thank you for your time.
Chair King: Thank you. Good morning.
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Rick Madan: Good morning, Madam Chair, esteemed Commissioners. My name is Rick
Madan. 1 am the President of the Biscayne Neighborhoods Association and 1 live at
2900 Northeast 7th Avenue here in Miami. I'm here today to support SR.1, as is and
reject any amendments to it. This ordinance is a crucial step towards restoring balance
in our community. Now, we should be clear, SR.1 is not about taking down existing
signs or unfairly impacting businesses. It's about correcting a mistake. SR.1 is a
compromise. It simply rolls back the standards to what they were before, preventing
these oversized signs from ever going up. It's about righting a wrong, ensuring our
neighborhoods are protected from these eyesores. Remember, SR.1 respects existing
permits and vested rights. It doesn't punish businesses or create unnecessary liability
Jrothe City. It's a common-sense solution that protects our environment, preserves our
neighborhoods, and ensures responsible growth for Miami. Large LED billboards can
contribute to visual clutter and detract from other aesthetics of an area, especially in
scenic and historical locations. Their bright and dynamic displays can distract drivers
and residents nearby, potentially causing accidents or impairing the focus of
individuals in the vicinity. Commissioners, let's support SR.1 as is and send a clear
message. We prioritize the well-being of our community over outside commercial
interests. We deserve a Miami that's vibrant, beautiful, and free from these intrusive
billboards. Thank you.
Chait King: Thank you. Good morning.
Nancy Lee: Good morning. My name is Nancy Lee. And I got out of bed to come here,
and I crossed Mary Street and almost got killed in the crosswalk. But Mary and Main,
just so you all know that there's a crosswalk problem. I support everything that last guy
said. And I think that `Don't Times Square us" is a good saying. No amendments on
this bill. And I'm going back to bed. Bye.
Chair King: Good morning.
Aaron Ahedo: Hello. Good morning. Thank you all for listening to us. Thank you,
Commissioners. My name is Aaron Ahedo. I live in Paraiso Bay in beautiful Edgewater,
and I am here to support the SR.1 as is. I would like to ask everybody a question, and
that is, how many times do we all feel like we're going to be in a crash, in a car crash?
I personally feel like that, like, every day. Drivers are not the best here in Miami, and
these insanely large billboards are just going to distract more drivers. And when you
think of locations like the MacArthur Highway, where there are tourists, there are
moms, there are Ubers, and you add a megaton of electricity, I think all you're going
to see are more accidents, maybe some deaths, and I -- I don't want to feel that in this
beautiful and peaceful city of Miami. So thank you so much. I hope you don 't make any
changes. Bye-bye.
Chair King: Good morning.
Kerry -Ana Royes: Good morning. My name is Kerry -Ann Royce. I am the president and
CEO (Chief Executive Officer) of your YWCA (Young Women's Christian Association),
where its the W that makes the difference. We are at 351 Northwest 5th Street in Miami.
I am here to thank the Commission for its support on RE.70. YWCA was established
over 104 years ago here in South Florida and made Overtown our home over 25 years
ago and we thank you for your wisdom then in entrusting the lives of women and their
families and working folks in this county. So thank you for your support on behalf of
the board but mostly on behalf of working women and families for RE.10. Thank you so
much, Chairwoman King, thank you, Commissioner Gabela, thank you, Commissioner
-- excuse me, Pardo for your support, but for the entire Commission, the YWCA and its
families really are looking forward to the future of Miami and the juture of Overtown.
Chair King: Thank you. Good morning.
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Kristen Brocade: Good morning. Kristen Browde, 888 Biscayne Boulevard in downtown
Miami. Maurice Ferre Park is right in my front yard. Five hundred and sixty families
live in my building. There are two more buildings with equivalent numbers just north.
While this Commission doesn't vote, while we delay, these signs are going up. They're
shining in our windows. We don't want that in our neighborhood. Other neighborhoods
around here don't want it in their neighborhoods. We urge you to, without further delay,
act on SR.1 without amendments to pass it and make sure we want the park to be
improved. Make no mistake about it. And we understand the balancing act you have to
engage in to bring in the money without raising people's taxes. We get that, but this is
not the way to do it. No matter how much money comes in from the signs, it doesn't in
any way ameliorate the problems that you create Jrothe people who live downtown.
And that's just our neighborhood now. It'll be other neighborhoods in the future. Thank
you, Commissioner Pardo, for bringing SR.1. We urge you to vote yes and to do it today.
Chair King: Good morning.
Brittany Sager: Good morning. Hi. My name is Britt, and I'm talking on behalf of many
of my neighbors in downtown. There's about 100 people who could not attend today,
and they're asking me to be their voice today. You guys snuck, or whoever did this snuck
the sign up in the middle of the night. We were unaware of it until the bright lights came
on. It's a huge sign. It 's a monstrosity, and it affects our quality of sleep. It affects our
quality of life. We do not want this sign. You must do something about removing this
sign or at least preventing it from shining. Please. Like other people said, this is not
Times Square and none of us want to live in Times Square. You cannot do this to us and
we don't want any more signs. Please make this sign go away. Do not turn it on. Do
not allow it to be turned on. We ask you, we implore you, please. Thank you very much.
Chair King: Thank you. Good morning.
Elvis Cruz: Good morning. Elvis Cruz, 631 Northeast 57th Street. And Chairwoman
King, I learned to swim in a City of Miami pool as part of a City of Miami kindergarten
program. Regarding SR.1, the LED billboards, thank you Commissioner Pardo for
taking the lead on this important issue. Thank you, Commissioners Gabela and Reyes
for voting for this ordinance at first reading. Commissioners King and Carollo, I hope
you'll get on the right side of this issue. Billboards are visual pollution, a driver
distraction, and a cancer on our city that keeps spreading. We now have many LED
billboards that popped up on Biscayne Boulevard in the Upper East Side. We didn 't ask
for them, nor did the City ask us if we wanted them, but they 're there. Please vote yes
on this item. You were elected to protect the public interest, especially from those who
would harm our quality of life. And please keep in mind, in a situation where you are
being lobbied and given campaign contributions and PAC (Political Action Committee)
contributions, it is possible that just maybe the lobbyists are less interested in the
public's quality of life than they are in making money for themselves and their clients.
In closing, I'd like to ask everyone who's here in support of this item and in opposition
to the billboards, to please stand and be recognized. So let the record reflect, there's a
heck of a lot o f people out there. Thank you. Thank you everybody.
Chair King: Thank you. Good morning.
Maria Patch: Good morning. My name is Mia Patch. I reside at 2025 Brickell Avenue.
I am a resident and speaking at the moment as a resident. I stand in support of SR.1
and reject, wholly, any amendments as a District 2 Brickell resident. I stand in support
with DNA (Downtown Neighbors Alliance), BNA (Brickell Neighborhood Association),
and other organizations that have been very vocal in their opposition to these oversized
billboards. I am in support of SR.1 as a compromise because the oversized billboards
were proposed by Alex de la Portilla [sic]. There was no sitting District 2 commissioner
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at the time. Oversized billboards are unsightly, a distraction, and for all the other
reasons people have mentioned this morning, which 1 won't go over. And quite frankly,
if there was any redeeming value whatsoever to the residents, then the billboard
companies would not be spending vast sums of money on lobbyists. The value would
speak for itself We all know how this works. This is a District 2 issue, and it solely
impacts, for the moment, District 2. Therefore, the Commission should defer to the
residents of District 2 that are overwhelmingly opposed to these outside billboards.
Separately, wearing a different hat before the Commission. I would like it to be noted
that as the President of the Atlantis on Brickell Condominium Association, as one of
the 40 associations referenced in the Brickell Homeowners Association letter presented
before the City Commission and entered into the record on March 8th, 2024, in which
BHA (Brickell Homeowners Association) endorsed the oversized billboards, I would
like it noted that the Atlantis on Brickell and the other 40 association members were
never polled by BHA and there was no voting process conducted by BHA. And, upon
inquiry, have been advised that it was a decision made by the executive leadership team.
Chair King: Thank you. Thank you.
Ms. Patch: Thank you.
Chair King: Good morning.
Barbara Bisno: Good morning. My name -- can you hear me? Is it better?
Chair King: Come a little closer.
Ms. Bisno: Come closer?
Chair King: Good. Gotcha.
Ms. Bisno: Is that good? Thank you very much, Commissioner. My name is Barbara
Bisno. I'm president of the Venetian Way Neighborhood Alliance, a founder of Scenic
Miami -- one of the founders of Scenic Miami and Scenic Miami -Dade. As you can see,
I've been around this track before. Every couple of years, some outdoor advertising
company comes up with a scheme, and unfortunately, they find a sponsor among you.
This is not the first time. This will not be the last time we have to come down and fight
this, I am sure. But let me tell you, this proposal is one of the most egregious ones I've
seen. I don't want to repeat and take your time, but the size, the locations, the pollution,
the traffic issues. They're all against these billboards. I don't know if this item has
really been deferred because we are all here to hope you will vote today for SR. 1. We
appreciate Commissioner Reyes, Commissioner Gabela, Commissioner Pardo, for
supporting the residents of the city of Miami. Thank you very much.
Chair King: Thank you. Good morning.
Rosita Federico: Good morning. My name is Rosita Federico, and I reside at 1581
Brickell Avenue. That building is Villa Regina, which is considered an iconic building
Pr all o f the city of Miami. There's not a place where I travel that someone doesn 't say,
oh, you live in Villa Regina, all 48 colors? Yes, I do, and I'm very proud. As far as the
LED billboards, we are totally against it, particularly in my last board meeting with
residents. They want to know what's happening and why this has been approved. I fully
support the amendment SR.I [sic] to stop what you're doing. We are already exposed
to water vessels that go up and down our beautiful bay, in front of all of these beautiful
apartments, some of which are now selling at $40 million. I expect that somebody' on
our behalf will speak and will vote for SR.I [sic] and approve. I also want to say thank
you very much, Commissioner Pardo. You are probably the best thing that ever
happened to this city, commissioners, and we hope you continue with all of your good
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work. God bless. Also, 1 just want to mention James Torres, who has actually brought
us in to this group. We're going to be working with them on a daily basis. I receive
emails from Mr. Torres daily, and 1 report it to our neighbors. So please think twice
before you defer this. Thankyou.
Chair King: Thank you. Good morning.
Sharon Kirby: Good morning. My name is Sharon Kirby, and I live at 801 North
Venetian Drive on Biscayne Island. I'm the vice president of the Venetian Way
Neighborhood Alliance, and this is not a downtown problem. This light pollution is
hitting us on Venetian Causeway. We're one mile; we are one mile across the water
from this billboard, and it's in our bedrooms. I have my hurricane shutters closed for
my bedroom windows, so I don't have the light pollution coming in so 1 can sleep at
night. So please support Mr. Pardo's SR.1, and please do not let this light pollution
bother us, the downtown people, the Brickell people and everybody that comes to this
city. We are a green city, a park city, and we should keep it that way. Thankyou. Please
support SR.1.
Chair King: Thank you. Good morning.
Peter Ehrlich: Good morning, Chairman, Commissioners. My name is Peter Ehrlich,
243 Northeast 59 Terrace in Lemon City. I'm the president of the Urban Environment
League and a co-founder of Scenic Miami with Barbara Bisno who spoke a few minutes
ago. For 20 years, I've been showing up at City Hall to oppose billboards. Scenic
America has been opposing billboards for almost 60, 65, almost 70 years. Billboards
are banned in four states, Vermont, Maine, Alaska, and Hawaii. Those four states
depend on tourism. I'm told Florida and South Florida depend on tourism also. LED
billboards are the worst form of visual pollution. Studies have shown LED billboards
cause traffic accidents and the light from the LED billboards goes through residents'
curtains. I think many of you saw the photographs online that showed the testing of the
new allegedly illegal billboard on Ferre Park and the bright light here in white is the
light on during testing and it was horrendous and it does go through the windows and
curtains of the residents on Biscayne Boulevard and as the wonderful lady said from
Venetian Causeway, it goes through windows and it 's very visible and distracting the
Venetian Causeway as well. Please show respect for the residents, tourists and for
nature. Vote yes on SR.1. Ignore the campaign contributions from the billboard
companies. Do everything you can to stop the proliferation of billboards. Thank you
very much.
Chair King: Thank you. Good morning.
George Myers: Good morning. My name is George Myers. I live at 801 North Venetian
Drive in the city of Miami. I've lived here for 39 years. I'm a city of Miami resident,
city of Miami voter, and a city of Miami citizen. I love Miami. I love downtown. I love
seeing what's happening to the beautiful parks and everything that's going on but
Friday night I come home and this billboard was illuminated and all you could see was
this white billboard, the light was unbelievable and the Perez Art Museum the board is
telling us the effect will be minimal. It 's not minimal. Do you believe this is minimal?
We are going to have to look at this thing 24 hours a day, all year long. Horrible. There
was another picture from a resident across the bay on the other side of the billboard.
This is not minimal. It's going to affect everybody in this area, our neighborhood, and
it's a shame. It's absolutely ridiculous that they propose this. I know they need money.
I know they're paying their executives so much money. It's ridiculous. They get $4
million from the County every year. They should be able to abide by that, instead of
truing to use a billboard income to make up for their poor management. Please support
SR.1. Thank you, Commissioner Reyes, Mr. Gabela, and of course, Commissioner
Pardo. Thank you.
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Chair King: Thank you. Good morning.
James Weller: Good morning. Thankyou, Commissioners, for this opportunity to make
a comment. My name is James Weller. As the director of Life Support Systems and
Water Quality, and a member of the biological programs division at the Phillip and
Patricia Frost Museum of Science in District 2, it's important to me to address a matter
of concern that everyone's spoken out about here already. It threatens not only our
institution, but it could have detrimental effects on the wildlife in and around us. With
our deep-seated roots in conservation, Frost Science has been committed to wildlife
rehabilitation, marine science, and animal husbandry for decades. We've seen the
enormous digital LED billboard lit up at night, and we are now, more than ever, deeply
concerned about the proliferation of light in and around the museum campus, especially
on the animals and humans affected by the artificial lighting. Not only do these illegal
billboards detract from the natural beauty of our surroundings, but we also believe they
pose a significant risk to health and safety of wildlife. Artificial lighting can disrupt
natural behaviors as a proper photo period is necessary for the regulation of hortnones,
general health, et cetera, for both humans and wildlife. Examples are disruptions in
reproduction, sleep cycles, predator prey interactions, migration, attraction, repulsion,
availability of food resources, and overall health. As stewards of both knowledge and
nature, we cannot ignore the harmful consequences of artificial lighting on the delicate
balance of our ecosystem. Therefbre, I urge this City Commission to revisit the
ordinance governing advertising signs on this campus and surrounding areas, remove
the sign. Nature around downtown already experiences enough threats without having
to be subjected to this new avoidable digital billboard. I support SR.1. Thank you.
Chair King: Thank you. Good morning.
James Weintraub: Good morning. My name is James Weintraub, I'm here on
Resolution 13, which is a resolution to name a street after my great-grandfather, Isidore
Cohen. Thank you. My great-grandfather -- this street by the way, is between Southwest
2nd Avenue, between Southwest 26th and Southwest 27th Road, which runs right along
Temple Beth David, which he helped to found. He was born in Kiev, Ukraine in 1871.
Being of the Jewish faith, he had to flee with his family to the United States having
thrown a bomb at a Russian soldier. At that time, Henry Flagler was building the
railroad south through Georgia and Jacksonville, down to Fort Dallas. And he was
hired to provide dry goods to the railroad workers. He was given a dinghy with oars, a
tent, and dry goods, and he was told to stay 20 miles ahead of the railroad workers,
which he did until he got to Fort Dallas in the spring of 1896. He was one of Miami 's
first merchants, if not its first merchant, setting up a clothing store on the south side of
the Miami River. And later that year in 1896, he was one of the incorporators of the
City of Miami. From there, he was highly involved in Miami 's development and its
community. He was president of its merchant board from 1902 to 1906. In 1907 he was
a treasurer and trustee of the Board of Trade. He was the president of the Dade County
Fair. He had all kinds of things like this while he resided here in Miami throughout his
lifetime. In 1912, he established Temple Beth David, Miami's first synagogue. And
that's where this road that is to be named after him runs along. His motto was 25 by
25; 25,000 residents in Miami by 1925. And also in 1925, he wrote this book, Historical
Sketches and Sidelights of Miami, a copy ofwhich I'll leave with the Commission, which
recounts stories of Miami's early struggles and its residents, many of whom were black.
But not for this book, many of these stories might have been lost.
Chair King: Thank you.
Mr. Weintraub: It's a great appreciation and a great honor. Thank you, Joe Carollo,
for sponsoring this bill. Thankyou.
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Chair King: Thank you. Good morning.
Willie Pierce: Good morning. I'm here to represent Project PZ.16 in the Allapattah
area. Also here to represent the resident in that area, 38th Street and 37th. I'm sure
quite a few of us here are against the project. And we are a people of age right now that
have been in this area over 50 years. And to come in and be talking about putting a
complex that could add another 50 to 100 people in that area, I don 't think that's fair
to us that have been there since the `60s. Yes, I know life bring changes, but I don 't
think this is good for this area. Please review this again and come up with a better
option. Thank you.
Todd B. Hannon (City Clerk): Chair, ifl can have the speaker's name. Sir, just ifl can
have your name for the record.
Mr. Pierce: Willie Pierce.
Mr. Hannon: Thank you, sir.
Albena Sumner: Good morning.
Chair King: Good morning.
Ms. Sumner: My name is Albena Sumner. I live at 1360 Northwest 37th Street for the
past 62 years.
Chair King: Can you please pull the mic?
Ms. Sumner: I'm sorry. My neighbors have asked me to speak on their behalf.
Chair King: The City Clerk still can 't hear you.
Ms. Sumner: I ask for your patience. I've had a couple of strokes and a heart attack,
and my speech is not what it was. This -- we integrated this area in 1960, and it has
been, for the most part, 100 percent African American. It has been changed. We've
gone from District 5 to District 1. Presently, we're here to talk about PZ.16 because
they want to put an apartment building in the middle of our neighborhood, which is
right down the street from my house. Currently, we have three low-income apartments
a block away on 36th Street, one on 13th Court, one on 14th Court Avenue, and one on
15th Avenue, 18 -- 18 stories. The people who are building those -- constructing those
buildings, park in our residential area. We cannot afford to have -- this is the opinion
of the people who live on the block, the people who are intending to build this building
did not notify or speak with the entire neighborhood to get their opinions. We would
like at least to have a deference on this so we can talk with them because we don 't know
how many.
Chair King: Thank you.
Ms. Sumner: I'm not finished. Okay. We would like a deference. We don 't want to vote
today because we 're not happy about this at all. Thank you.
Chair King: Thank you. Good morning.
Keith Moore: Good morning. My name is Keith Moore. I'm from the historical research
group Profiles in Black Miami. I'm here in support of the street naming for Isidore
Cohen. The reason being so, as James just told all the accomplishments, Isidore Cohen
made us an incorporator of the City of Miami. He also left a clue in the 25th anniversary
of the City of Miami of Black participation and incorporation in the City of Miami. So,
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we are here in support of this street naming event, something that should happen
because so much of Miami's early history has been buried, lost, or is hidden in plain
sight. This is an example of such, and we 're here to support that, Profiles in Black
Miami. Thank you.
Chair King: Thank you. Good morning.
Helen McGuire: Good morning. Good morning. My name is Helen McGuire, and I am
the vice president of the Exhibitions Department at the Phillip and Patricia Frost
Museum of Science in District 2. I am in support of SR.1, and 1 want the PAMM sign
taken down. 1 would like to address the impact this extremely bright digital LED
billboard will have on our exhibition planning throughout our outdoor campus, and
specifically those located on the museum's rooftop. Our goal as an educational
institution is to bring astronomy to our rooftop. Now that this enormous, overly bright
sign has been erected, our current and future plans have been and will be grossly
impacted. The first guest experience affected that is now in the design and development
planning stages is the Sky Viewer Exhibition. This exhibit will allow our community to
examine the Earth's closest star, the Sun, and to learn about its atmosphere. Its key
feature is an overhead LED monitor showing live NASA (National Aeronautics and
Space Administration) solar observatory footage and curated astronomy content, which
will no longer be easily visible due to this oversized digital sign. Another roof exhibiting
program negatively impacted is our Nighttime Stargazing Program. The light pollution
from the billboard not only interferes with these exhibitions, but it will limit our long-
term planning for all rooftop experiences. In closing, I urge the Miami City Commission
to revisit the ordinance governing outdoor advertising signs on our campus and
surrounding areas. Let us work together to safeguard the integrity of our mission as an
educational institution to ensure future generations the opportunity to continue to
explore, to discover, to be inspired in an environment free from light pollution and overt
commercial advertising. Thank you for your time.
Chair King: Thank you. Good morning.
Dorothy Jenkins -Fields: Good morning. I'm Dr. Dorothy Jenkins -Fields, a native
Miamian. By trade, I'm a public historian, certified archivist, and historic
preservationist. By purpose and mission, I'm the founder of the Black Archives Historic
Lyric Theater, preserving and sharing our community's history. I'm here today to speak
in favor of the co -designation of Southwest 2nd Avenue from 26th Road to 27th Road
to honor the memory and deeds of Isidore Cohen and his family and their contributions
to our collective community. What has Isidore Cohen and his family contributed to the
City ofMiami 's development, you might ask? From the research and writings ofArva
Moore Parks McCabe, the City of Miami's centennial historian and Howard Kleinberg,
former editor of the Miami News, it is recorded that Isidore Cohen was an eyewitness
to the incorporation of the City of Miami July 28, 1896. He was one of the city's first
merchants and Jewish residents. In fact, he was active in the founding of Miami 's first
Jewish congregation, Beth David. He had a store built on the south side of Miami River,
was president of the agricultural fair, and a trustee of Jackson Memorial Hospital. Of
course, it was then just called City Hospital. His wife founded Miami Jewish Home for
the Aged and the Hebrew Home for the Jewish. Daughter, Claire June Cohen, married
Sidney Weintraub. And you will be surprised to know that it was Claire Weintraub who
actually convinced the county commissioners to provide space across from Vizcaya for
the original Museum of Science, and she gave $364, 000 for that museum to be built. It
is now of course on Biscayne Boulevard and it's the Frost Museum. I urge you that this
is a long time overdue, the co -designation. Thank you.
Chair King: Thank you. Good morning.
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Alec Warren: Good morning, Commissioners. My name is Alec Warren. I'm the
Director of the Frost Planetarium at the Phillip and Patricia Frost Museum of Science,
and I live at 560 Northwest 1st Street in Miami, Florida. I'm in support of SR.1 as
written, and I want the Perez Art Museum outdoor sign taken down before it's too late.
I used to live in New York City. I'm here in Miami because I don 't want to live in New
York City. Regarding PAMM's sign, as a dedicated museum professional, I recognize
the need for cultural institutions to advertise themselves to the public. But in my view,
this commercial sign represents a terrible and poorly thought out approach to public
engagement. PAMM and Frost Science are neighbors, and with this sign positioned
adjacent to our shared entrance points, all guests who visit our museum will see and be
greeted with an advertisement that we have no control or say over. All the same, our
guests will associate these ads with the Frost Science experience, which undermines
our ability to serve them effectively in the way that we choose to. Furthermore, this is
going to create further disruptions to our visitor experience in the ways that my
colleagues have already mentioned before regarding light pollution in our exhibit
spaces, disruptions to our animals, and really just disruption to the overall natural
environment of Miami. Light pollution is already a huge issue that we have to deal with
here in our community, and this is only going to make it significantly worse. So as a
resident of this beautiful city, I must stand against PAMM 's LED sign, and I encourage
our city, to stand against LED billboards in all of our public outdoor spaces as well.
Thank you.
Chair King: Thank- you. Good morning.
Kimberly Davis: Good morning. Good morning. My name is Kimberly Davis, 6410
Southwest 58th Place. 1 am born and raised in Coconut Grove. I am here every single
day. Some would say that I live here, although I don 't. I am the founder of the Coconut
Grove Cowboys. However, today I am just representing myself as an individual. We
cannot assume that my problem today will not be your problem tomorrow. Residents
have spoken loud and clear, quick ads displayed so fast that they appear glitch -like,
oversized billboards, excessive lights, stargazing disappearing, and now being in Times
Square is not what we would like. Great potential revenue speaks loud. However, sitting
in your current seat, no voice should be louder than the voices of the residents who
have placed you there. Some messages are not clearly understood until they are
repeated multiple times. If you don't believe me, go ask your child to wash the dishes
just one time. You will see that you will have to repeat yourself. SR.1 as is has been
spoken loud and clear multiple times today. I think we all get the message. Thank you
so much for your time, Commissioner Pardo, and other commissioners. You all have a
wonderful day.
Chair King: Good morning.
Marcones Pereira de Macedo: Good morning. Hi, my name is Marcones Macedo. Ilive
on the 900 Biscayne Building and have been a resident of downtown for 11 years. I
have never seen anything like this. We have been screaming on social media,
everywhere we can, every social gathering we talk about this, everyone is extremely
opposed to this -- to the LED billboards, especially the one at PAMM. I don't know how
the PAMM got involved in this. I just don't understand, after hearing from the residents
-- I'm sorry, I'm not a public speaker m-- but hearing from residents everywhere, not
only in downtown, but if you go in Miami Beach, in any city, no one wants it. No one
wants it. And the size of this one that impacted, and I see here a photo that someone left
here. This is actually my apartment. I turn off all the lights, and it's -- it was like a
daylight there. It's nauseating. LED billboards cause nausea. I don't know if anyone
knows this, but I felt sick when I saw it and I couldn 't believe -- and I'm very nervous
about this. I'm very angry. And I would like to ask you, Mr. Carollo, Mr. Reyes, Ms.
King, to join Mr. Pardo and Mr. Gabela on this. Please, please pass this. We need the
billboards down. Thank you.
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Chair King: Thank you. Good morning.
Todd Schafer: Good morning. Todd Schafer, Senior Vice President of Administration
for Frost Science, 1101 Biscayne Boulevard. I'd like to yield my time to Dr. Roberts
behind me, please.
Douglas Roberts: Hello, my name is Dr. Doug Roberts, President and CEO of the
Phillip and Patricia Frost Museum of Science, 1101 Biscayne Boulevard in District 2.
Chairwoman King and Honorable Commissioners, I'm here in support of FR.1 [sic] in
order to address these oversized billboards. As several people have mentioned, in the
last week we 've seen the billboard turned on in a test mode and seen the potential turned
into reality of how bright these signs can actually be. It's one thing to see a black large
thing go up that's, again, twice the size of my apartment and I'm also a resident of
District 2, very close to the museum. But it's another thing entirely to see it turned on
and see it reflect off so much environment and for those people to have direct views into
their living spaces. Another of my -- actually, my staff has talked about the impacts to
animals, to nighttime observing, to our public education programs, and to the general
guest experience of just having a bright, unnatural light in that area, but also it's
showing advertisements. It's not showing the programming. It 's not showing art. It's
not showing science. Those things are acceptable. That would be an appropriate use of
land that's been leased to those organizations, but showing advertisements is basically
in opposition of what we 're about. I've spoken before about my sympathy for revenue,
for programs, for cultural organizations have. We share them as well. PAMM and Frost
Science are in very difficult environments, being on the bay, saltwater affects our
buildings. We're challenged by keeping those buildings up and I totally understand that
that's a concern from the -- from those organizations. But I remind the Commission
that Orange Barrel Media came to Frost Science and asked us to be a part of this -- a
location for installation of their signs, and we didn't -- we decided against it. This is
before I got there, but I'm so hap -- I'm so thankful that my -- the leadership had the
foresight to not go forward with that. Frost Science is celebrating seven years in
Downtown Miami in several days, and my vision -- I'm actually working on a new
master planning document to lay out how do we grow to better serve the community.
And being outdoors, that's one of the amazing things about our museum and having all
the outdoor spaces. I used to work in the Adler Planetarium in Chicago and the Fort
Worth Museum of Science History, and those had very -- they were all internally facing.
The thing that makes Frost Science amazing is our integration with the outside world
and these LEDs threaten that. These signs are clearly an example of where residents
and city interests are really being co-opted under the shield of legitimate cultural
organizations such as PAMM and Arsht in order to basically bring profit to a third
party that doesn't have the interest of the city at heart. I again want to remind the
Commission that our mission is to bring the wonder of science to the public, and these
signs are an affront to that. Please vote in support of SR.1.
Chair King: Thank you. Good morning.
Kenneth Gordon: Madam Chair, Commissioners, my name is Kenneth Gordon. I live
at 950 North Venetian Drive, in the city of Miami. We 've been talking about this issue
jroa number of meetings. I know I've stood before you on several occasions. But today,
we hear a lot from people who live in the community, not the paid lobbyists, not the
people making $900 an hour to represent their clients in front of this organization, but
people who have gotten up this morning, come down here, parked their cars, used their
gas, in order to express an opinion.
Leroy Jones: (UNINTELLIGIBLE) if you're not speaking.
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Mr. Gordon: These are the voters of the city of Miami, not the lobbyists. We look at
these signs. They were a mistake to be initially approved. And I paraphrase one of the
commissioners who says, 1 couldn't have gotten this through the Commission -- or
through the zoning myself in that short a period of time. This is a mistake. Own up to
the mistake. Pass SR.1. And remember, if you don't do it for the residents, at least do it
for the animals at Frost Museum. They're wonderful. Thankyou.
Chair King: Thank you. Good morning.
Mr. Jones: Good morning, Madam Chair and City Commissioners. My name is Leroy
Jones. First, I want to say I'm here in support of RE.13. So -- and secondly, I'm also
here in support of SR.1. So, it would be a beautiful thing if we can get all five of you
commissioners to vote on SR.1. It's time for the community to have a win. The people
in the area has came up here and spoken that they don't want that electronic billboard
in their area. I'm also here hoping that all of us, regardless of ethnicity or where you
live at, continue to come to support each other when items in our community come that
we don 't appreciate or don 't want to support. So I'm here in support of Item R -- SR.l
as it is, with no additional amendments. Thankyou.
Chair King: Thank you. Good morning.
Lani Ferro: Good morning, Commissioners. Lani Ferro, 8530 Southwest 23rd Street,
and I'm going to yield my time to Mr. Llorente.
Michael Llorente: Good morning. Mike Llorente, LSN (Local State National) Law,
3800 Northeast 1st Avenue, representing Outfront. Good morning, Madam Chair,
Commissioners. The PAMM digital advertising sign is a monument to bad legislation.
It's not your fault. You didn't sponsor it. It wasn't your idea. But you have an
opportunity today to rescind that bad legislation, and we urge you to do so. There 's
been a lot of talk over the last few months about potential carve -outs for PAMM and
for Arsht, valuable community assets. Let me tell you why I think that's a bad idea. The
short answer is that all of those signs, PAMM and Arsht, violate government contracts.
They are not allowed under existing agreements with the City and County. Let me say
that again, they're not allowed under existing agreements with the City and County.
First on the PAMM, the lease agreement between PAMM and the City of Miami
prohibits PAMM from constructing anything taller than 70 feet. The digital sign being
constructed today as we speak, without the City's permission by the way, is a 100-foot
tall breach of a government contract. The Arsht signs are no better. The management
agreement between Arsht and Miami -Dade County requires Arsht to comply with
certain procurement requirements, to get mayoral approval, to get BCC (Board of
County Commissioners) approval for a project of this nature, none of which has
happened. And let me tell you, Commissioners, that's just the beginning of the problems
for Arsht. Because just this week, Miami -Dade County issued another zoning
verification letter stating, again, that the City does not have regulatory authority over
the Arsht property. And what that means is that the City has no authority to issue
building permits for the Arsht. The other thing that was mentioned in the letter is that
the Arsht property is not governed by or subject to any municipal sign regulations
approved after April 30, 2021. So, what Miami -Dade County is saying, Commissioners,
as the property owner of the Arsht, owner of the land and improvements, and the
regulatory agency with jurisdiction, is that there can be no carve out for the Arsht.
Commissioners, we urge you respectfully to support SR.1 with no carve outs for PAMM
or Arsht because signs constructed in violation of government agreements and
regulatory rules do not deserve protected status. Thankyou very, much, Commissioners.
Chair King: Thank you. Good morning.
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Mark Rosenblum: Good morning. My name is Mark Rosenblum, chief operatingoffcer,
Perez Art Museum Miami, PAMM, 1103 Biscayne Boulevard, Miami 33132. I'm here
today in opposition of SR. 1. Out of respect for the valuable time of this commission and
community, I will be speaking for the PAMM-ilv. So many months, so many meetings,
the positives. I have had the opportunity to get to know this commission and
administration better, and all of you have heard so much more about your flagship art
museum. I see how hard all of you work and how difficult and challenging your jobs
are. And you have learned how important art and culture are to the many communities
we both serve. I now have a better understanding of decision making in our local
government and have a better view of local politics. And you all know of the many jobs
PAMM has created, the many children we educate, the ambassadors we are for South
Florida, representing Miami all over the planet. Though it may seem like our paths are
completely different, running parallel at times and in opposite directions on occasion,
we are actually completely aligned in so many ways. Teamwork, quality, commitment,
selflessness. We all care so much about our work and the people that live in and visit
our community. It is time to end this conversation. It is time to come together in the
spirit of compromise and find the solution. One that is not perfect for all, but acceptable
to all. Great minds working together create better ideas. The time has come. I remind
you, PAMM and its partner, OBM (Orange Barrel Media), have been in good faithfrom
the start, following the requirements of the City and the State. The City ordinance
allowing us a clear path was approved more than a year ago, January 23. The building
permit was issued in October, and tremendous efforts have been made to deliver a sign
that is thoughtful and sculptural. We appreciate everyone's understanding of the
importance ofsustainability.
Chair King: Thank you.
Mr. Rosenblum: Thank you.
Chair King: Thank you.
Felix del Rosario: Good morning, Chair. I'm Felix del Rosario. I'm the president of the
City of Miami Police FOP (Fraternal Order of Police), Lodge Number 20. I'm here to
thank the commissioners because in public and in private you guys fought for our
contract to be competitive and fair across the county. Thank you, and your staff
Commissioner Manolo Reyes, Commissioner Joe Carollo, Chairman -- Chairwoman
King, Commissioner Miguel Angel Gabela, and thank you, Damian Pardo. I also want
to thank the Mayor and his staff because they were always open and they gave us a little
push over the edge when we had came to some -- we had some kinks. I want to thank
the City's negotiation team, Teresita Martinez, Attorney Stephanie Panf, your HR
(Human Resources) director, Angela Roberts, Marlene Quintana, Fabian. I want to
thank also the staff for the City Manager, which is Natasha Colebrook. I want to thank
Larry Spring. I want to thank Erica Paschal because they were always there. Ofelia,
you know, always open when I need to get -- reach the Manager. First and most, I want
to thank the Manager because of -- I've been here my whole career. We never had a
manager that has been this helpful and open and always trying to work out things with
us in the FOP when it comes to union and things that have to be addressed with issues
within the department. We 're going to continue to have good faith and hard work to
keep working with them and getting us in the right place. Thank you.
Chair King: Good morning.
David Kile: Good morning, Commissioners. My name is David Kile. I'm the Director
of Systems at SNA (Sansi North America) Displays. We are the manufacturer of the
LED display at PAMM, and I am responsible for working with the teams that are on
site on a daily basis, getting the display installed and commissioned. I'm speaking today
to provide clarity about the incident that occurred last Friday while commissioning the
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sign, which caused the sign to remain active for approximately' one hour after sunset at
a much higher brightness level than intended and would ever be during normal
operation overnight. The purpose of our thorough commissioning process is to unearth
areas of operational improvements through testing. Because we are still in the process
of commissioning, the display has only been operational at that point for less than 48
hours. We ended up having a human error involved that prevented the system from
automatically turning the brightness down. Both content and brightness would have
been adjusted appropriately for the time of day under normal operating conditions, and
the level would not exceed the regulations that you have set forth in your code. To
summarize the incident, at the beginning we manually increased the brightness on the
sign to compensate for the high ambient light under the afternoon sun to correct seams
and alignment issues with the new display. A simple but unfortunate miscommunication
caused these settings to not turn off at 6: 00 p.m. Immediately after our team was alerted
of the issue, we turned the display off at approximately 8:53 p.m. And what was
experienced for one hour after sunset was much higher than the normal brightness of
the display at this time, around six times brighter than it would have been under normal
circumstances during this time of day. To ensure this doesn 't happen further, we are
committed to not using any type of manual brightness and have installed both cameras
and photo sensors to measure the brightness of the display, along with automated
dimming software in order to keep it within standards, which we often do in other
municipalities around the country that have similar issues. Thank you.
Chair King: Thank- you. Good morning.
Reynold Martin: Good morning, Commissioners. I am Reynold Martin. I'm
representing Grove Rights and Community Equity, and Fin representing Village West
Homeowners and Tenants Association, as well as St. James Baptist Church. I've been
a member of St. James Baptist Church all of my life, and I must say that because of the
gentrification in our community, the church is almost empty. I'm here to thank
Commissioner Pardo. I think you're on the right track with this SR.1 legislation. I think
it's a bad thing for the community. But I'm here to oppose PZ.1 and PZ.18 because any
kind of upzoning without affordable housing is impacting our community in a
tremendous manner. So we oppose PZ.1 and PZ.18 without any affordable housing.
Thank you.
Chair King: Thank you. Good morning.
Amanda Pinto: Good morning, Commissioners. My name is Amanda Pinto and I'm
yielding my time to Jose Felix Diaz.
Chair King: Good morning.
Jose Felix Diaz: Good morning, Commissioners. My name is Jose Felix Diaz and I'm
here on SR.1. I want to begin by acknowledging that since January, over the past many
meetings, close to 100 people have come and spoken in favor of the digital signs. The
list of supported speakers have included homeowners associations, artists, residents,
and other key stakeholders in the community. Today, out of respect for the
Commission's time, we have asked the speakers to stand down so that we can bring this
chapter of the process closed once and for all. The proposed amendment to
Commissioner Pardo's repeal of portions of 2-779 of the City Code includes thoughtful
compromises from the original ordinance approved by the City Commission in January
of 2023. These modifications include the removal of one entire sign at the Arsht Center
and the acceptance of several operational concessions such as adopting brightness
standards, reducing operating hours, and adhering to content regulation. While the
development team is working closely with the County on this project, we are dedicated
to honoring the commitments made here today, regardless of how we navigate the
complex entitlement and permitting process for our site. This amendment allows the
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City of Miami to clearly articulate its expectations for our sites, instead of resigning
our fate to complex and uncertain legal processes. The sign we propose to remove,
located on the west side of our -- the Arsht campus is closer to residential areas than
the remaining sign on the east side. I think we can all agree that we have been at this
for far too long and everyone just wants to feel this process come in for a landing. We
know that you have spent a considerable amount of time trying to get your arms around
the facts and we thank you for that time and your consideration.
Chair King: Thank you. Good morning.
Stephanie Epstein: Hi, good morning. My name is Stephanie Epstein. My address is
500 Northeast 29th Street and 1 would like to yield my time to James Torres.
James Torres: Good morning, Commissioners and Chairwomen. My name is James
Torres, president of the DNA. We have a video that we 're going to start and some
pictures because there is a lot of smoke and mirrors in here that just don 't make sense
for everybody. I[you can please kindly look at your screens, the audience, I'm going to
ask you a couple questions. Earlier, someone said, hey, stand up if you're for these
signs. I'm going to ask you, stand up if you're not for these signs. I thought so, right?
So as you can see, the issue that happened recently in downtown where this sign is
located, Orange Barrel and its lobbyists and attorneys want you to believe that this will
not impact the community. Proof is in the pudding. And that's an issue for this
community. And not necessarily the downtown corridor community, but throughout the
entire district. (UNINTELLIGIBLE) we're kindly asking you to support the amendment
as written, because this is a major impact for the community. And it should not be done.
And we should do the right thing, because at the end of the day, truly, elections have
consequences, regardless if you're running again or running for mayor or whatever
you're deciding to do with your future career. Because at the end of the day, this is
something that has been opposed day in and day out, and by you, Commissioner Reyes,
who's been a champion, but we still need you to get us over the finish line. So, first, I
want to commend Commissioner Pardo and his efforts for bringing light and proffering
the ordinance to clear the issue as it relates to the LED billboards. They 're just not an
eyesore, they 're a disrupter in the characters of the vibrant of the downtown
community. However, as we've been discussing the proposal ordinance, we must
confront the elephant in the room. The enormous LED billboards at the Perez Art
Museum and the upcoming Adrienne Arsht Center Performance Arts, these structures
are visibly [sic] pollution, and they represent the disregard for the integrity of the
community as a whole, especially the downtown corridor. Leaving these billboards
unchecked, hopefully -- and wondering that if they're just magically going to disappear
because of the FDOT (Florida Department of Transportation) ordinance saying that if
this passive art is not done correctly then they can shut it down. It makes no sense. So,
we're going to wish upon a star here. We cannot continue to accept the excuses of the
potential litigation as a blanket for the justification of the interaction if the comes to
addressing these eyesores of the PAAIM and the Adrienne Arsht Center. The City seems
to face other legal challenges that they're willing to dive in headfirst. But when it comes
to this issue, no one wants to take accountability. And that 's just wrong. I repeat that.
It is wrong that right now you guys don't want to take a stance for the voters, for the
constituents, for the city and the district. The time is now, folks. The time is now. IfI'm
wrong, please stand up and tell me that 1'm wrong about these billboard signs. Because
at the end of the day, everyone's been saying, we're not New York City, we're not Hong
Kong Harbor, we're not Piccadilly Circus. But you guys want to make us into a circus.
So please, support the ordinance and go to a step further if you can. Thank you very
much for your time.
Chair King: Good morning.
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Therese Vento: Good morning. My name is Therese Vento, general counsel of the Perez
Art Museum Miami, 1103 Biscayne Boulevard. This past weekend, starting Friday
night, there was a test of leadership, test of leadership by those who were advised that
there was human error, and as a result, the sign that was blaring in white light, six
times brighter than reality, with a white background, which will never be what a sign
will actually be doing when it is in actuality, was ignored. Half-truths had been sent
out to the community. The sign -- the video that was just shown is a half-truth because
there has been no correction by anybody in leadership who knew that this was not an
actual representation of what the sign is going to actually be like, stepped up and said,
that's half of the story. The other half of the story was explained a few moments ago,
that there -- that was a one-time human error. It was corrected as soon as it was seen,
and that there are now systems in place which will hopefully eliminate any future human
error. So let's talk a little bit about sign pollution. Ifyou are in a condo now on Biscayne
Boulevard, you look to the right and you see a Ferris wheel all lit up. Then you look a
little further and you see the Kaseya Center all lit up. And then you look a little bit
further and you see the Frost Science Museum, our neighbor, all lit up. Well, and then
in a few years you're going to see the Signature Bridge all lit up. The PAMM sign is
just one of many elements that you cannot lay the blame on for the way downtown is
and will be a thriving community. Yes, we are sensitive, but at the same time we have
to be realistic and we have to deal with the whole truth. So please exercise your
leadership and give the PAMM a carve -out. Thank you.
Chair King: Thank- you. Good morning.
Dolores Garcia Gutierrez: My name is Dolores Garcia Gutierrez. I reside at 150
Southeast 25th Road, Miami, 33129. 1 am in support of Damian Pardo 's SR.1. Those
signs are just very big, polluting. As I said at last meeting, I can see the Miami -Dade
College sign on 27th Avenue and 8th Street from my balcony. And that 's nothing
compared to what the PAMM sign is. Please, Commissioners, support this -- Damian
Pardo 's -- sorry, I lost my train of thought. Support Mr. Pardo in this endeavor. Thank
you.
Chair King: Thank you. Good morning.
Brandon Jones: Good morning to everyone. My name is Brandon Jones, and for the
record, I'll be using the address 5120 Northwest 24th Avenue. I would like to first start
off by thanking everyone for having an open mind and being conscious of the efforts
that the community is speaking of and to remind you that sometimes in life the brightest
lights often cast the darkest shadows. We know that these billboards have become
increasingly common in urban areas, but they don't come without negative impacts.
First and foremost, these billboards are often incredibly bright and distracting for
drivers, and studies have shown that these types of digital displays can significantly
increase the risk of accidents on the roads due to the distracting of their nature. We
also know that the constant bombardment of advertisement and messages can have a
negative impact on mental health and the well-being of individuals and their
communities. Studies have also proven and shown that exposure to excessive
advertising can contribute to feelings of anxiety, feelings of stress, as well as decrease
in overall mental health. In addition to the negative effects on individuals, these large
billboards also have a detrimental impact on the environment. The energy consumption
required to power these massive displays are significant, contributing to consuming
valuable resources that we could be using for other things. Overall, we ask that you
hear the voices and the hearts of the communities and those who are residents and make
a conscious decision to be their hero. So Brother Damian, Commissioner, we thank you
for hearing the cries of the community and standing for the community. And we hope
that you all do the same. I also stand in support of RE.13. Thank you.
Chair King: Thank you. Good morning.
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Ernesto Cuesta: Good morning, Chairwoman. Good morning, Commissioners. My
name is Ernesto Cuesta. I'm the president of the Brickell Homeowner's Association,
1010 Southwest 2nd Avenue, Suite Mezzanine, M. I'm here because I got some phone
calls from some people about some comments that were made about our organization
here, and that's why we are here. Let me straight the record here, number one. We have
been in the system for 34 years, in this community. We have been great advocates for
the quality of life of the residents in our area, Brickell area. The reason that we got
involved -- most of the commissioners here, they know me for many years. The reason
that we got involved is because we got phone calls from PAMM as well as from the
Arsht -- Adrienne Arsht Center. By the way, I know personally Ms. Adrienne Arsht. She
has brought to this community more than $30 million from her pocket to help our
community here, as a philanthropist. So when the issue was presented to us, these
billboards apparently were approved by the City and the County. And the reason that
they wanted these billboards is because they want to generate revenue for their
organizations. And we didn't find anything (UNINTELLIGIBLE) that is part of the
records, the reason why we supported the billboards. In writing, we sent a letter to all
of you guys. I'm not talking about any other -- we are not talking about any other
billboards. We are talking specifically, about these two fine organizations that these
billboards were approved and it's for a purpose to help them to continue their fine work
in this community. For the records, there was someone here that came from the Atlantis
condominium, the lady, respectfully. That lady had never been a friend of the BHA. She
even formed an organization because she never liked BHA, .so I want that to reflect in
the records.
Chair King: Thank you.
Mr. Cuesta: There was another resident here from Villa Regina that came here --
Chair King: Thank you.
Mr. Cuesta: She is not a member of BHA. So, the reason why we support those
billboards is because they are fine organizations.
Chair King: Thank you.
Mr. Cuesta: We are not going to allow anyone to taint the name and the credibility --
Chair King: Thank you.
Mr. Cuesta: -- of the BHA in this community.
Chair King: Okay, okay, thank you.
Mr. Cuesta: Thank you so much.
Chair King: Good morning.
Denise Galvez Turros: Good morning. Denise Galvez, 2130 Southwest 20th Street. I
have to say I'm deeply emotional because it's amazing to see so many people getting
involved in our city's politics and perhaps that's the upside of everything that's
happened in the last few years. As a member of the HEP (Historic Environmental and
Preservation) Board, I remember our City Attorney, Victoria Mendez, once proposing
an ethics review for me simply because I had a relationship on a fellow non-profit
organization with some property owners when we designated a property in Little
Havana. So in the spirit of transparency and everybody here who 's participating in our
civic duties here at the City, I wonder why Mr. Joe Carollo isn't asked to recuse himself
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from taking a vote on this item when his newly formed political committee just received
two donations from outdoor billboard companies and those exact expenditures were
used to pay for his attorney in his federal judgment. Is that not a conflict of interest, as
it is defined by our governing board? I only come to say that because I want our city to
continue to move forward with full transparency. I want people to have faith when you
take votes, that those votes are based on the residents and the needs of the city and
what's best for the greater good, and not on the personal interest and the vested interest
and the obvious personal financial gain of Mr. Joe Carollo. Thank you.
Chair King: Good morning.
Hadley Williams: Good morning, Commissioners. My name is Hadley Williams. I'm at
2441 Trapp Avenue, Coconut Grove, 33133.1 have been before this Commission years
ago as a representative, past president of Miami Neighborhoods United, the Grove
Associations. I worked on the parks plan on Miami 21, amendments to the
comprehensive plan of the city. And I am here today because the proposal of these
billboards, for all the technical reasons that have been mentioned by others, is just not
what we need. I am here because of a groundswell of friends who have come to me to
object to this and ask me to come to speak. So, yes, that's hearsay, but I can tell you
that I have been approached by many, many citizens in the Grove and other parts of
Miami who are really upset about this proposal. Thank you.
Chair King: Thank you. Is there any --?
Vice Chair Carollo: (INAUDIBLE) that's coming now every meeting, pretending that
she's here for transparency, when there's no transparency in what she says. What she
said was inaccurate. These billboards that you all discussing here today have nothing
to do with what she said. I just want to make it clear.
Chair King: Thank you.
Vice Chair Carollo: I'm talking about the one in the PAMM, I'm talking about the one
at the Perez Museum.
Chair King: At this time, seeing no others for public comment, the public comment
period is now closed.
PA - PERSONAL APPEARANCE
PA.1 PERSONAL APPEARANCE
15906 A PRESENTATION REGARDING CITY OF MIAMI ASSETS.
Commissioners
and Mayor
RESULT: PRESENTED
Chair King: The personal appearance that appears on our agenda will appear this
afternoon.
Vice Chair Carollo: I'm sorry.
Chair King: You said you want to speak this afternoon, correct?
Vice Chair Carollo: Yes.
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Chair King: Yes. So I'm just advising that the personal appearance will be this
afternoon.
Vice Chair Carollo: Yes.
Commissioner Pardo: Do we have any information on that?
Chair King: It should be in your agenda. Yes.
Vice Chair Carollo: Yeah, it's --
Chair King: It's in your agenda.
Vice Chair Carollo: I jbrgot what it was.
Commissioner Pardo: Yeah, but there 's no backup. There 's no -- I don't know. I was
just --
Chair King: I 'll make sure staff gets whatever you need.
Commissioner Pardo: Thank you.
Vice Chair Carollo: 1 stated what it was about.
Commissioner Gabela: What are we talking about now? I'm sorry.
Chair King: PA.1.
Vice Chair Carollo: Personal appearance.
Chair King: I'm just advising that PA.1 will be heard this afternoon.
Commissioner Gabela: What is PA.1?
Chair King: It's a personal appearance by Vice Chair.
Commissioner Gabela: By you?
Vice Chair Carollo: I will be talking about -- yes, sir. I will be talking about City assets,
as stated from what I put down.
Chair King: City of Miami assets.
Vice Chair Carollo: We'11 be making a presentation, rather, on City assets.
Commissioner Gabela: Can you be a little bit more specific? I mean, I don 't have a
problem, but can you be a little bit more specific on the (UNINTELLIGIBLE)?
Vice Chair Carollo: Yes. City land assets that we have and what has transpired with
them.
[Later...1
Vice Chair Carollo: Okay, are we ready? Alright, ifyou could put the first one up. Look,
this is a presentation that think is importantjor beginning with my colleagues up here,
but for the residents to see what truly has been happening and what many people have
to say about Maurice Ferre Park and Bayfront Park, and particularly, some of the key
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issues that have been heard from from the minority. This here is from Local Gems
Florida. This is a part of the NewsBreak Digital news website now that declared the
top five parks in Miami -Dade County. And the number one park that they put in their
very looked at NewsBreak digital website app, the number one park was Maurice A.
Ferre Park. And they said, nestled in the heart of downtown Miami, where the City's
stunning architecture meets the vibrant bay, the park offers an impressive blend of
natural beauty and cultural intrigue. The park, formerly known as Bicentennial Park,
is teeming with lush green spaces, colorful sculptures and a variety of flora, making it
a paradise for nature lovers and art enthusiasts alike. Visitors can enjoy a leisurely
stroll along the bay, observe cruise ships, or engage in outdoor events. The park also
features a dog section loved by both locals and tourists and is home to a science
museum and planetarium. Despite its vastness, the park maintains impeccable
cleanliness and offers ample parking and easy access, enhancing the overall visitor
experience. Can we go to the first video that we want to show?
At this time, an audiovisual presentation was made.
Vice Chair Carollo: As you could see, we will be bringing, God willing, before the end
of the year, the fountain back. And we will be keeping the same fountain that Noguchi
put there, and it's going to be beautiful once it's done and working. If you could go to
the next video, please.
At this time, an audiovisual presentation began.
Vice Chair Carollo: A combination of what we (UNINTELLIGIBLE) do in New Year's.
Over 150,000 people came this year.
At this time, the audiovisual presentation continued.
Vice Chair Carollo: Our New Year's event has become the second largest New Year's
event in the United States and the biggest Latin New Year's event in our hemisphere.
Next one, please.
At this time, an audiovisual presentation began.
Vice Chair Carollo: This is the Dogs and Cats Sculpture Gardens walkway that was
inaugurated last year. Both Chairman King and Commissioner Reyes were there and I
thank you for being there.
At this time, the audiovisual presentation continued.
Vice Chair Carollo: In the first year that the Sculpture Gardens, that Dogs and Cats
Walkway in the Sculpture Gardens has been open, we had some 350,000 visitors, more
than the Perez Museum next door. Next.
At this time, an audiovisual presentation began.
Vice Chair Carollo: Stop for a second. Stop, stop. If you could backtrack it please for
me and start -- can we start from the beginning? Can you stop it and start from the
beginning? Don't start it yet until I tell you. Just bring it back and then we'll start it
from the beginning. Here, since I was told that when we have hearings on the exercise
outdoor gym, we cannot bring in testimony from dozens of the people that not only live
around there, but are residents of Miami, that want to use it, the silent majority. I
thought it would be appropriate, and you should hear from then today briefly, so that
you just don't think that everybody is against us. On the contrary, the majority of the
people are.for it. In the City of Miami, we have a total of 25 parks that have outdoor
gym equipment, and three more that are going to have it soon, Jroa total of 28. So if
you could start, please.
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At this time, an audiovisual presentation began.
Vice Chair Carollo: This is Arturo Sandoval.
At this time, the audiovisual presentation continued.
Vice Chair Carollo: This was only a small group of people that we selected to show
you, but three dozen or so. There 's many, many more that feel the same way. And as
you can see here, these are people that basically all of them live in our city. I would say
a majority live in downtown. You can see many of them that were speaking with their
dogs coming there from across the street. The guy that was in the fence that spoke with
a hat is Arturo Sandoval, Grammy winner, one of the most famous Cuban -American
musicians in the world and beyond. Arturo has been an owner for a second home in
900 building. And he couldn 't understand, as you heard there, why this gym was still
fenced, and he couldn't use it. You saw that there were numerous other people that live
in the 900 building, many others in downtown. So I wanted to show the other side of the
silent majority that want an outdoor gym, that want to be able to have something
different that they can enjoy and exercise with in open air. While being respectful of
other people's opinions, you know, in a democracy, you try to make room for everyone
that you can. It's just not a few that should be able to dictate for the majority. But we
also wanted to show the Sculpture Gardens and Dogs and Cats Walkway, so you could
see what was done there, two whole city blocks of the most beautiful gardens anywhere
in Florida with 57 statues all painted by local artists. At the same time, there's a lot of
work that gone there. We have the largest dog park in the state of Florida in Maurice
Ferre Park. We built another dog park at Bayfront Park. The work that goes on for the
New Year's Eve celebration that we give to our residents and beyond every year, I dare
to say no other city in the world can do it. We begin at 6 p.m. at night and go until over
1 in the morning, where we have close to 30 artists that perform. And for the most part,
they're all known artists, many are world-renowned artists, huge amount of Grammy'
winners that we had to perform. And we have to make room for 150,000 people that
come, beyond hundreds of thousands that see it on TV or on YouTube in Miami and
around the world. So I wanted to take this opportunity and I thank the Commission for
giving it to me so you could see what work has been done at Maurice Ferre and Bayfront
Park. These are regional parks that are parks for all the city of Miami. This is not --
these are not neighborhood parks. These are regional parks that are there with the
museums for all Miamians to enjoy. The Dogs and Cats Walkway and Sculpture
Gardens is -- brought positive publicity to Miami worldwide and nationwide. And
there 's nothing like it in the world. And people that come to visit Miami go there just to
see it. So, again, thank you, Chair, Commissioners, for being able to bring this
presentation.
Chair King: Thank you. And at this time, we shall conclude the City of Miami
Commission meeting for April 25th, 2024. Thank you all.
END OF PERSONAL APPEARANCE
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CA.1
15733
Department of
Planning
CA - CONSENT AGENDA
The following item(s) was Adopted on the Consent Agenda
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Damian Pardo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), PURSUANT TO REQUEST FOR
QUALIFICATIONS ("RFQ") NO. 1414387, ESTABLISHING A PRE -
QUALIFIED POOL ("POOL") FOR THE PROVISION OF ECONOMIC
IMPACT AND FEASIBILITY ANALYSIS CONSULTING SERVICES,
ON AN AS -NEEDED CONTRACTUAL BASIS, FOR THE CITY OF
MIAMI ("CITY") PLANNING DEPARTMENT ("PLANNING"),
CONSISTING OF LAMBERT ADVISORY LLC, A FLORIDA LIMITED
LIABILITY COMPANY ("LAMBERT"), PFM GROUP CONSULTING
LLC, A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED
TO CONDUCT BUSINESS IN FLORIDA ("PFM"), AND THE
CONCOURSE GROUP, LLC, A FOREIGN LIMITED LIABILITY
COMPANY AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA
("CONCOURSE"), FOR AN INITIAL TERM OF FIVE (5) YEARS,
WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO
(2) YEAR PERIODS; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NEGOTIATED PROFESSIONAL SERVICES
AGREEMENT ("PSA") WITH EACH MEMBER OF THE POOL, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID
PURPOSE; AND, 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, AND
COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE,
ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY
PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY
CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND
IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND
REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID
PURPOSE.
ENACTMENT NUMBER: R-24-0149
This matter was ADOPTED WITH MODIFICATION(S)on the Consent
Agenda.
Note for the Record: For minutes referencing Item Number CA.1, please see "End
of Consent Agenda."
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Meeting Minutes April 25, 2024
CA.2
15868
Department of
Planning
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO APPLY FOR
DESIGNATION OF THE HALISSEE HALL GATES, LOCATED ON
NORTHWEST 11 STREET ROAD, AN UNIMPROVED PUBLIC
RIGHT-OF-WAY WEST OF NORTHWEST 10 AVENUE, AS AN
INDIVIDUAL HISTORIC SITE PURSUANT TO THE PROVISIONS
OF CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED.
ENACTMENT NUMBER: R-24-0150
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item Number CA.2, please see "End
of Consent Agenda."
CA.3 RESOLUTION
15723
Department of
Resilience and
Public Works
CA.4
15866
Office of the City
Attorney
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING TWO (2) RIGHT-OF-WAY DEEDS
OF DEDICATION ("DEEDS"), AS DESCRIBED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED, FOR RIGHT-OF-WAY
PURPOSES; APPROVING AND AUTHORIZING THE
RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE
CITY CLERK TO RETAIN A COPY OF THE DEEDS.
ENACTMENT NUMBER: R-24-0151
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item Number CA.3, please see "End
of Consent Agenda."
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY JOHNNY
SIMS, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF
$40,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR
ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI AND ITS
OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY,
"CITY") IN THE CASE STYLED JOHNNY SIMS VS. CITY OF
MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY,
FLORIDA, CASE NO.: 20-14485 CA 01, UPON THE EXECUTION
OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS
BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND
A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING
FUNDS FROM ACCOUNT NO. 50001.301001.545011.0000.00000.
ENACTMENT NUMBER: R-24-0152
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item Number CA.4, please see "End
of Consent Agenda."
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Meeting Minutes April 25, 2024
CA.5
15885
Office of the City
Attorney
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY BRYAN
ROSALES, WITHOUT ADMISSION OF LIABILITY, THE TOTAL
SUM OF $175,000.00 IN FULL AND COMPLETE SETTLEMENT OF
ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS
FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI AND ITS
OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY,
"CITY") IN THE CASE STYLED BRYAN ROSALES VS. CITY OF
MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY,
FLORIDA, CASE NO.: 20-008752CA 01, UPON THE EXECUTION
OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS
BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND
A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING
FUNDS FROM ACCOUNT NO. 50001.301001.545011.0000.00000.
ENACTMENT NUMBER: R-24-0155
This matter was ADOPTED on the Consent Agenda.
Note, for the Record: For minutes referencing Item Number CA.5, please see "End
of Consent Agenda."
END OF CONSENT AGENDA
Chair King: Okay. With respect to our Consent Agenda item, gentlemen, are there any
items that you would like to pull from CA.1, 2, 3, 4, or 5 -- well, 4 and 5 are -- oh yeah,
we can do that. Any items you want to pull for discussion. from CA.1, 2, 3, 4, or 5?
Vice Chair Carollo: Okay, let me --
Chair King: Hold on a second. I see the City Attorney's hand up.
John Greco (Interim City Attorney): Thank you, Madam Chair. I just wanted to state
for the record that with respect to CA.1, although it's not included in the title, there
will be language in the contracts that addresses conflicts of interest. I just wanted to
state that for the record.
Chair King: Okay. Are there any items from CA.1 through 5 --
Vice Chair Carollo: No.
Chair King: -- that you would like to pull for discussion?
Vice Chair Carollo: No. I'll move it.
Chair King: I have a motion to move --
Commissioner Reyes: Second.
Commissioner Pardo: Second.
Chair King: I have a second; all in --
Todd B. Hannon (City Clerk): And, Chair, my apologies. CA.1 is as is?
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Meeting Minutes April 25, 2024
Mr. Greco: With the statement on the record that there will he language included in it
that will address conflicts of interest.
Mr. Hannon: So you're amending it?
Mr. Greco: Well, it's not my item, butt think that it was asked that it would be amended
by the --
Mr. Hannon: Okay, so CA.1 as amended.
Mr. Greco: Yes.
Chair King: As amended.
Commissioner Gabela: Are we doing CA.1 only or?
Chair King: No, we 're doing 1 through 5.
Commissioner Gabela: I through 5.
Chair King: Yes. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
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RE - RESOLUTIONS
RE.1 RESOLUTION
15721
Department of
Human Resources
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), RATIFYING THE COLLECTIVE BARGAINING
AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE
EMPLOYEE ORGANIZATION KNOWN AS THE MIAMI GENERAL
EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY,
AND MUNICIPAL EMPLOYEES LOCAL 1907, AFL-CIO, FOR THE
PERIOD OF OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2026.
ENACTMENT NUMBER: R-24-0147
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Chair King: May I have a motion to pass RE.1 and 2?
Commissioner Reyes: Move it.
Commissioner Gabela: Motion.
Vice Chair Carollo: Second.
Chair King: 1 have a -- I have a motion and a second and a third. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
RE.2 RESOLUTION
15722
Department of
Human Resources
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), RATIFYING THE COLLECTIVE BARGAINING
AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE
EMPLOYEE ORGANIZATION KNOWN AS THE FRATERNAL
ORDER OF POLICE, WALTER E. HEADLEY, JR., MIAMI LODGE
NO. 20, FOR THE PERIOD OF OCTOBER 1, 2023 THROUGH
SEPTEMBER 30, 2026.
ENACTMENT NUMBER: R-24-0148
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number RE.2, please see Item
Number RE.1.
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RE.3 RESOLUTION
15859
Department of
Code Compliance
A RESOLUTION OF THE MIAMI CITY COMMISSION
MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN
RECORDED AGAINST PROPERTY ADDRESS 666 BISCAYNE
BOULEVARD, MIAMI, FLORIDA, CASE NUMBER CE2011002563,
AFTER A HEARING, AS REQUIRED BY SECTION 2-817 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED;
AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL
SETTLEMENT OF THE AFOREMENTIONED LIEN; AUTHORIZING
THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL
DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN.
ENACTMENT NUMBER: R-24-0156
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Damian Pardo, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Chair King: RE.3 is a mitigation item, 666 Biscayne Boulevard. Mr. Director.
Robert Santos-Alborna: Good morning, Madam Chairwoman, Commissioners; Robert
Santos-Alborna Code Compliance Director. RE.3 is the mitigation of a property located
at 666 Biscayne Boulevard. The respondent is 600 Biscayne LLC (Limited Liability
Company). This is a vacant lot that was operating a parking facility. The case was
opened on February 2011 and adjudicated on July 2011. The compliance took place on
February 2024. The violation ran for 4,599 days. Respondent will explain perhaps some
of the challenges and dealings that they had with the operator. The total lien amount is
$1,149, 750. As I explained to each of you when I discussed the case, this is a parking
facility. The site is asphalted, but there's missing striping, lighting, drainage,
landscaping, all these things that are associated with the parking. The respondent,
based on the information I have, is offering $18,000, which I spoke with each of you,
and Iput on the table that I believe this is low, so.
Vice Chair Carollo: Madam Chair? Even though this is listed as District 3, it 's not, it's
in District 2. Just want to correct the record.
Mr. Santos-Alborna: It is not. It's D2 (District 2).
Vice Chair Carollo: Yep.
Chair King: Okay. Sir?
Richard Bergman: Yes, Madam Chair and Commissioners, thank you. Director, good
seeing you. I represent the owner of the property, 600 Biscayne, LLC (Limited Liability
Company). And I'm authorized to be here and bind them with you. I've had several
discussions with the director and other members of the staff. Their cooperation,
understanding is remarkable. I want to tell you that 600 Biscayne LLC, as the owner
ends up holding the bag, even though it is not responsible for the problems. This
property was leased to an operator of parking facilities. It's not their first one. In fact,
they have many throughout the city. And their associated companies through relatives
have others. They're professionals. We're landowners. From what we have learned,
they did not, despite the terms of the lease, acquire all the necessary certificates from
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Code Compliance in the city in order to operate. They were cited. There was a hearing
scheduled. We're not here to litigate any of the issues. My client was not at the hearing
back in 2011, a long time ago. And it wasn't until pretty recently that we found out
about the non-compliance, the failures of the tenant. We took immediate action. We
terminated the lease. We filed for eviction when they wouldn 't leave. We obtained a
final judgment ofpossession. They are gone. That property will not be used as a parking
lot any further. There are many, many things that need to be done to that property, as
explained to me by the Director, and we 're not going to do that. We will not lease it to
a parking facility. We tried to analyze, you know, what would be fair under the
circumstances and all of the previous mitigations of these type of fines, and with
guidance of the Director, we learned that because so much time elapsed from the time
the order was entered back in July 2011 until the time we pop our head up with this
problem, we lost the ability, per code and statute, to deal directly with Code
Enforcement. And we had to file a litigation against the City to try to remove the lien.
We immediately dealt with the CityAttorney's Office, again, unbelievably cooperative
and understanding and very professional. The litigation is stayed. We don't want
anyone spending money, on lawsuits. And through that, we were able to negotiate. And
I computed and made a presentation to the Director that if we take the time from July
27, 2011 to August 19, 2014, which was when the lien was filed on the property, it would
be a little over a thousand days. Ifyou multiply that by 250, we came up to two thousand
sixty-two thousand [sic] dollars. Generally, settlements of these types run from 5 to 10
percent. That would have been something like $13,000 to $26,000. And I, with my
client's blessing, in -- the number 18 means high, means life. It's something that 's good.
I multiplied it by a thousand times, and that 's howl arrived at the 18,000. 1 wanted to
make sure that 1 did not insult the Director by proposing that, and that is the resolution
before you, that we settle this matter out, mitigate the lien, $18,000, which would be
paid immediately.
Chair King: Thank you. Mr. Director?
Mr. Santos-Alborna: Yes, ma'am. So, counsel really has been very engaging, but the
facts are the facts, right? And for the record, they were not aware, but the compliance
was met by way of Code's action, along with PD (Police Department) and Public
Works. That's what triggered the affidavit of compliance. So, you know, I understand
the counsel for the respondent and how he did his math, but Iput on the record meeting
with each and every one of you that I thought it was low and that I would at the very
least take $25,000, at the very least.
Chair King: Thank you. Commissioner Pardo?
Commissioner Pardo: You know exactly when they were noticed in 2011? The owner.
Mr. Santos-Alborna: Right.
Commissioner Pardo: So the owner received due notice.
Mr. Santos-Alborna: Yeah.
Rachel Dooley (Assistant City Attorney, Supervisor): So when the -- Rachel Dooley,
Office of the City Attorney. When the suit was filed and I spoke with counsel, we
generally will pull all the records that we can to make sure that there was notice to the
registered agent at the time that the property was posted, everything was done as
appropriate. They chose not to appear at the hearing in 2011. And so that was probably
the first mistake in a long series of mistakes that lasted more than a decade. But yes, it
was posted, mailed to the property, which was in the file.
Chair King: Thank you.
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Commissioner Pardo: So what strikes me is that there's 13 and a half years where cars
that parked there paid their money, and the operator made their money, and the owner
made their money, and so we have this huge accrual and I think 18 is very low. I think
25 is low.
Mr. Santos-Alborna: Yeah.
Commissioner Pardo: You know, I'd like you to feel what you think is fair based on the
accrued amount, and 1 think we should stick to that number.
Mr. Santos-Alborna: And again, to reiterate in my discussion with counsel is there was
this misunderstanding. They thought the tenant was going to take care of all the
processes. They didn't. Ultimately, property owner is responsible. So --
Commissioner Pardo: And they own more than one property, so it's -- I mean, this is
the way it works.
Mr. Santos-Alborna: So this is the one that's before you. So the $1.2 mill -- $1.1 million
accrual is significant, but as you reflected, they remained operating through quite a
number of years. So, I had reflected 25 to 30, but somewhere in that vicinity, I think it's
very fair.
Vice Chair Carollo: Mr. Chair [sic] -- through the Chair.
Chair King: Mr. Vice Chair.
Vice Chair Carollo: Thank you.
Mr. Santos-Alborna: Yes, sir.
Vice Chair Carollo: Mr. Code Director, the property in question, what is the zoning on
it?
Mr. Santos-Alborna: Do you have it?
Ms. Dooley: It's commercial.
Mr. Santos-Alborna: It's a commercial -- it's a commercial lot.
Vice Chair Carollo: Okay. And is it appropriate based on our code? Does it have
asphalt? Does it have drainage? Does it have lighting?
Mr. Santos-Alborna: So it is asphalted. I know it does not have the striping, the
drainage, landscape requirements, things that go along with that.
Vice Chair Carollo: Lighting?
Mr. Santos-Alborna: I cannot tell you a hundred percent whether it has lighting and
maybe exterior lighting, but I don't believe so.
Vice Chair Carollo: The drainage with the asphalt is -- are two of the most important.
Mr. Santos-Alborna: Right.
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Vice Chair Carollo: Not having drainage is very key for many reasons that 1 won't take
up the time to go into it here. But I'm hearing that, I guess, they leased it to some
parking company?
Mr. Santos-Alborna: Yes, that is correct.
Vice Chair Carollo: Okay. Do you know if that company, throughout the years, was
paying the City the percentage of the parking fee that they were supposed to pay us?
Mr. Santos-Alborna: So, I believe so, and in addition, I understand that that parking
facility at one point in time obtained at TCU (Temporary Certificate of Use) an interim
parking through Zoning, and that expired. We met with the operator, with the Zoning
director at one point in time, which made it very clear that they knew they --
Vice Chair Carollo: What year was that? Do you remember?
Mr. Santos-Alborna: I can't say. I wasn't here when that meeting --
Vice Chair Carollo: But how could they have received us when it wasn't an unapproved
lot?
Mr. Santos-Alborna: So, I can't tell you what year, but I can tell you that in a recent
meeting with the Zoning director and the operator, we made it abundantly clear the --
I don't believe the property owner was in that conversation. We made it abundantly
clear. I gave them a very short period of time to get all the paperwork in order,
including the CU (Certificate of Use), or a cease and desist was imminent, which is
what happened.
Vice Chair Carollo: And for how many years were we advised then of what was
happening?
Mr. Santos-Alborna: So, I am going on the record that it's 13 years since the
adjudication. I don't know of any other meetings.
Vice Chair Carollo: Now, to your knowledge, they were not giving this parking
operator their land for free to park there.
Mr. Santos-Alborna: That's correct. They were collecting their fees.
Vice Chair Carollo: Okay, so they were making money. Therefore, Commissioner
Pardo, I agree with you that it's way too low. Inflict, I think you're being generous and
kind, Mr. Code Enforcement Director. And this is one that 1 won't even feel comfortable
in the lowest that we have done here in the 10 percent, because they made money on
this. On top of that, this has been going on for 13 years, as you stated. The problem, the
worst part that I see, which hopefully we've turned the page on that, was how in the
heck did we allow it as a city to go on for so long? And that's part of the problem. This
goes even back to the -- to your district, Commissioner Pardo, those homes in the Grove
that, you know, were built zero lot line, or something like that, just a few feet apart,
nobody knew how. And this is where the problem has lied. We've had some employees
in our city that haven't been doing things the way that they were supposed to. And I'll
be politically correct and leave it at that.
Mr. Santos-Alborna: I understand fully, Vice Chair. I can tell you in this case, it was
identified proactively during after-hours inspection, and that's how the respondent was
brought to the table. And even before I met with counsel and the respondent, we met
with the operator.
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Vice Chair Carollo: Yeah, but this --
Mr. Santos-Alborna: So this one at least, we got it going. We got it going the right way.
Vice Chair Carollo: Yeah, this is amazing. Thirteen years this is going on.
Commissioner Reyes: Madam Chair?
Vice Chair Carollo: So I, you know, will hear what Commissioner Pardo thinks they
should pay, but 1 think it should be a lot more than the 10 or 15 percent that we have
usually gone with.
Chair King: Commissioner Reyes?
Commissioner Reyes: Yes, through the Chair. First of all, I want to recognize an
institution that is sitting there, the Mayor of Coconut Grove, Mr. Monty Trainer. Monty,
how are you doing? I'm recognizing you. Welcome.
Vice Chair Carollo: Kentucky's got Colonel Sanders.
Commissioner Reyes: That's right.
Vice Chair Carollo: We have Monty Trainer.
Commissioner Reyes: Monty Trainer. Now, going back to the issue that we are
discussing, you mentioned that they have other properties also?
Mr. Santos-Alborna: That they have what?
Commissioner Reyes: Other properties. The owners, thev have other properties in the
city?
Mr. Santos-Alborna: They do have -- they do.
Commissioner Reyes: Do they have the same problem in the other properties? And we
have some other properties that they are in violation.
Mr. Santos-Alborna: Not all the same, Commissioner.
Commissioner Reyes: But they are in violation and they are within -- I mean, they don't
have any violation.
Mr. Santos-Alborna: So I'll be happy to provide a report to you, a comprehensive
report, reflecting the other properties. They're not in the same status as this one.
They're not.
Commissioner Reyes: Okay. I also believe that $18,000 is ridiculous.
Mr. Santos-Alborna: Yeah.
Commissioner Reyes: After 13 years of, I mean, at least if you're an owner, you should
know what's going on with your property. And don't tell me that you didn 't know and
you thought that. I don't believe that.
Mr. Santos-Alborna: Agreed.
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Commissioner Reyes: I don't believe that. I mean, you should start pointing fingers at
each other and meanwhile the fine keeps on growing because it's very easy to come
here, you see? It's very easy to come here and ask for a reduction of the --
Mr. Santos-Alborna: Fine.
Commissioner Reyes: -- fine that you've been receiving for neglecting your property,
you see?
Mr. Santos-Alborna: Yes, sir.
Commissioner Reyes: That's ridiculous. I mean, we have to make -- take a position. I
leave it to Commissioner Pardo. You say how much and 1 will support it.
Chair King: Commissioner Gabela?
Commissioner Gabela: Thankyou. So I was going to make an offer, but you know what?
I'm going to leave it to you since you're --
Mr. Bergman: Commissioner, can you speak up a little, my hearing aids are --
Commissioner Gabela: Sir, in light of what's going on, I think, you know, the time, you
know, the time frame, 13 years is a little bit too much. And, you know, your client was
making money apparently, this and that. Well, how does 50 grand sound to you?
Vice Chair Carollo: Let's talk about the percentages.
Mr. Santos-Alborna: Yeah.
Commissioner Gabela: Well, the percentage is 20, 25k, right, Robert? That's what you
said?
Mr. Santos-Alborna: Yes, sir. I had said that. But that's extremely low.
Commissioner Gabela: Because they were 225, but in light -- I heard you guys --
Commissioner Reyes: That's too low.
Vice Chair Carollo: It's --
Commissioner Gabela: Too low? What would you guys suggest?
Vice Chair Carollo: If f may ask, through the Chair, what's the amount again?
Commissioner Gabela: 50k.
Chair King: 1.1 --
Vice Chair Carollo: 1.1 --
Mr. Santos-Alborna: So, 1.1 --
Chair King: So, 1.1 plus million dollars.
Vice Chair Carollo: Okay.
Mr. Santos-Alborna: So, at 10 percent, Vice Chair, that's $112,000. So, will it --
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Vice Chair Carollo: Yeah. Now, let me ask, if1 may, Chair. Counselor?
Mr. Bergman: Sure.
Vice Chair Carollo: How much are your clients making on that on a monthly basis?
Mr. Bergman: On that property? Now, nothing. That particular property, I believe, at
the high point, was about $25,000 a month.
Vice Chair Carollo: $25,000 a month at the high point.
Mr. Bergman: Yes. My clients were losing between that property and there's another
property owned by 700 Biscayne LLC, which is leased to a sister company of the one
that caused this problem. That property is in compliance. There was two notices. We
immediately filed suit, but then they cured the problems and received affidavits of
compliance. So that property is a much bigger property.
Vice Chair Carollo: But -- but let me be correct. They're not parking anymore. It
stopped, right?
Mr. Santos-Alborna: They are not, right. And as a --
Vice Chair Carollo: How long is it --
Mr. Santos-Alborna: -- matter of fact, they requested permission to use it as a staging
area, which I respectfully denied. I said, do not --
Vice Chair Carollo: Okay.
Mr. Santos-Alborna: -- because now you're looking at repeats, and we didn't want to
do that.
Vice Chair Carollo: Help me here.
Mr. Santos-Alborna: Yes, sir.
Vice Chair Carollo: I heard him say that when they were being paid, I heard $25, 000
a month.
Mr. Santos-Alborna: I don't know. I don't know where that amount -- I had
recommended $25, 000. I think --
Vice Chair Carollo: No, no. What he said was $25, 000 a month.
Mr. Bergman: At the high point. At the high point, not originally.
Vice Chair Carollo: At the high point. Now, I mean, this is almost, you know, comical.
We're going to charge him $25,000. They've been doing this for 13 years. And through
the high part of it, just one month, and we're charging $25,000, and that's all we're
going to charge him? Look, my vote will be for a percentage of the 1.1. and it's got to
be something reasonable. This kind of stuff has to stop in the city.
Commissioner Reyes: Yes.
Vice Chair Carollo: That you have property owners, that because they're connected,
or were -- should I say were connected, with somebody in the City on one hand, and
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then on the other hand, the typical one hand doesn't know what the other is doing in
the City ofMiami. They got away with this. And they got away with it, you know, making
a handsome profit. Do you have any idea how many vehicles could be parked in that
lot?
Mr. Santos-Alborna: Well, not anymore.
Vice Chair Carollo: Or used to be, I'm saying. Do we have -- I mean, we have to have
pictures or something that would give us an idea.
Arthur Noriega (City Manager): Commissioner, can 1 interject here just for purposes
of context?
Vice Chair Carollo: Yes.
Mr. Noriega: Right, so that lot resides in a, obviously, very heavily trafficked area for
the arena. I just asked the parking surcharge administrator to try to get me what the
revenue generation was there, so that you have a sense of what the gross revenue was,
because what they were paying them was probably either a flat number or even a
percentage of what was generated in terms of income, to give you a sense of what the
actual overall revenue was there. It's significant. I mean, and that particular operator
doesn't have the best track record in terms of historically within the city --
Commissioner Carollo: Sure.
Mr. Noriega: -- and operating within the city. So I'm certain even though I'll get a
number, it's probably not even -- it's probably underreported, to be honest with you,
because they were pretty typically doing that.
Vice Chair Carollo: Yeah.
Mr. Noriega: But if you give me a little bit of time, I'm going to try to get that number
for you so you can put it in the context if you need it. If not, if you just want to go with
the straight percentage, you could.
Vice Chair Carollo: Well, no, I think it would be good if we get it, even though he's
already put in the record that it was up to 25,000 a month that they were getting when
they got the most, but this went on for 13 years. So, I'd like to see that before we vote
on it because this is one that 1 don't think we should be all that lenient. You know, this
is someone that was making a lot of money out of violating our laws. It went on for 13
years.
Mr. Santos-Alborna: Vice -- okay.
Vice Chair Carollo: Now they want to just throw a few dollars to the City of Miami.
I'm sorry. You know, with me, with all respect, Commissioner Pardo, I know it your
district, and we try to be cordial with each other. This one has to be a tough one. And I
think you mentioned that in your first words.
Commissioner Gabela: Through the Chair.
Chair King: Commissioner Gabela.
Commissioner Gabela: I just wanted to say this is why I have asked numerous times
when we have our briefing, when are we going to get the magistrate? Because we, as
commissioners, I think, in my opinion, that we shouldn't be in this business of
determining who 's going to pay what because it's lengthy. And then the questions that
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you're asking are rightly so. And it's, you know, 1 think, Robert, I know 1 asked you, but
1 want to put it on the record.
Mr. Santos-Alborna: Yes, sir. For -- so for the next Commission, we -- I'll be making a
presentation on a supplemental process for magistrates and there 's some amendments
to our current code coming up.
Commissioner Gabela: Right.
Vice Chair Carollo: Hey, guys, look, with all --
Commissioner Reyes: Through the Chair.
Chair King: Hold on a second. Hold on a second. Commissioner Pardo has been
waiting to say something. Let me say something. His district. Let him speak.
Commissioner Pardo: I would just say you 're the professional.
Mr. Santos-Alborna: Yes, sir.
Commissioner Pardo: You're hearing the comments here from all of us. Obviously, we
think it's very low. We think that they have acted in a way that deserves a standard type
of application on a percentage. And we'll get additional information for the folks that
want it. But personally, I would defer to your judgment based on what you 're hearing
from us.
Mr. Santos-Alborna: Fair enough, Commissioner. So I'm going to tell you that last
night I was here doing mitigations, and we've had a record for the past number of
hearings of 15 percent and 10 percent. 10 percent puts it at $114,000, and 5 percent is
$57,487.50. So I -- with all due respect to counsel, I believe that $18,000 was really,
really low and laughable. I know that there was an equation, butt would say somewhere
in between the $57,000 and $115,000.
Commissioner Gabela: Through the Chair, Robert, let me just ask you this.
Mr. Santos-Alborna: Yes, sir.
Commissioner Gabela: Weren't we collecting sales tax when they were parking?
Mr. Santos-Alborna: So, through the parking surcharge, and that's what the City
Manager was trying to get.
Commissioner Gabela: So we actually made some money off of that.
Mr. Noriega: Yeah, yeah, absolutely. We collected the surcharge on that particular
parking operation.
Commissioner Gabela: So then I don't get it. We're collecting surcharge but then we
don't know fir 13 years that these guys are operating. I'm just saving, I'm just asking
the question.
Mr. Santos-Alborna: Well, it got adjudicated and they were operating. They tried to get
the CU and BTR (Business Tax Receipt). It fell through the cracks. Proactively, we
identified doing -- doing inspections, and this came up. I met with the operator, as a
matter of fact, met with the City Manager and then reached out to the property owner
and said we have an issue here and this is the way it 's going to go.
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Mr. Noriega: Let's be clear, this should have been resolved --
Commissioner Reyes: Yes.
Mr. Noriega: -- eight, nine years ago. We 're -- forget now, right? Someone that was
formerly in that world, by the way, I can tell you it was a constant complaint by us and
by other operators that they were operating without the proper licenses. But it just fell
on deaf ears back then. So it was addressed recently, and, you know, --
Chair King: Commissioner Pardo.
Mr. Noriega: -- Robert and 1 have had multiple conversations about this lot in
particular.
Vice Chair Carollo: Yeah.
Chair King: Commissioner Pardo, I believe 10 percent or better would be fair as a
threshold to start.
Commissioner Reyes: I agree.
Commissioner Pardo: I mean it's a 25,000 square foot lot, correct?
Mr. Santos-Alborna: Yes.
Commissioner Pardo: That's --
Vice Chair Carollo: You know --
Chair King: Hold on. Vice Chair.
Vice Chair Carollo: Look, going again on what the attorney placed on the record that
on the highest year, I guess that was the last years that they were operating, they were
collecting $25,000 a month, 13 years there, times 25 a month is 3.9, almost $4 million.
Granted --
Commissioner Reyes: More than that.
Vice Chair Carollo: -- they weren't getting -- yeah, they weren 't getting the full 25 from
year one. I'm sure that grew. So I'll be gracious and even put two and a half million.
These people were laughing at us while they were making money. They made at least
$2.5 million while they, were, you know, sticking their nose up and doing what they
pleased. And we're now going to charge them even 10 percent, which is nothing,
$100,000. They made, in the last years they were operating, $300,000 a year.
Commissioner Reyes: A year.
Vice Chair Carollo: I mean, well, what are we saying if we do that? This is not a
homeowner that didn't know what they were doing or they made a mistake or because
the crazy system we have, decided to do something minor on their own because they
didn't want to wait years and didn't know how to go about it. This is someone that are
savvy businesspeople that knew how to go around the system and how to play the
system. And this is, you know, out of all the cases that I've heard, since we've been
hearing them here, this is one that is the worst by far and I'm not going to be voting to
be lenient. Not, when we're not even talking about 10 percent, which would be one-
third of what they made in their last year, 300,000.
Chair King: Commissioner Pardo?
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Commissioner Pardo: Yeah. 1 mean, I'm agreeing. I think this is prime real estate. You
know, I would have been thinking 25 percent kind of minimum in my mind.
Vice Chair Carollo: Now we're getting close to there.
Mr. Bergman: May I --
Chair King: Commissioner Pardo, do you have a motion?
Commissioner Pardo: I'd like to hear from Robert.
Mr. Santos-Alborna: So, an 80 percent reduction which is a 20 percent of the accrued
amount is 229,950.
Vice Chair Carollo: He said 25 percent.
Commissioner Pardo: I said 25, yeah.
Mr. Santos-Alborna: Yes, that's 20 percent of the 1.149. It's 229, 950.
Vice Chair Carollo: But I think Commissioner Pardo said 25 percent.
Mr. Santos-Alborna: Oh, 25?
Vice Chair Carollo: Yes.
Mr. Bergman: May I respond to some of the comments on the records?
Chair King: Yes, please.
Mr. Bergman: Because there's certain misconceptions. Again, I have nothing but
respect for the Director and his department. And I don't want to be a litigator here
today. It is absolutely not my intention. My intention is to resolve this as amicably as
possible. Misconception number one. The City, in answer to one of your statements,
Commissioner Carollo, and one of your statements, Commissioner Pardo, had the
ability to -- and they did inspect this property many times during this period, they had
the ability, instead of issuing notices of violation, they could have done what they did
on January 18th, 2024, and issued a cease and desist. So that would have stopped the
operation of the parking facility years and years ago. Number two, my clients pay,
between the two properties, I think they're paying over a million dollars in real estate
taxes. This property is not making $300, 000 a year because, as you know, and I know
you're a great businessman.
Vice Chair Carollo: No. I just know how to add beans.
Mr. Bergman: Well, the fact of the matter is, iif you have a gross, you need to affect your
gross with expenses. So there's no way this company, my client, made $300,000 a year
net on this property. That's just not the case. In fact, when you take the two properties
together, they've lost money every year. So we need to take that into effect. Front what
I understand, and again, I'm not throwing any shade at anyone, mitigations are
normally somewhere between 5 and 10 percent. You want to punish, and I understand
your thinking, you want to punish my client. My client was not an operator. My client
was the landlord, paid his taxes timely, did everything it was supposed to do, except it
did not sit on the shoulders of the tenant who was responsible to comply with everything.
As soon as we found out, we contacted the Director's office, and we've been dealing
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with this since December when we gave notice to the tenant to leave. January, we filed
lawsuit. In February, they were out. And in between January 18th --
Chair King: Thank you. I believe we have the facts.
Mr. Bergman: Thank you.
Chair King: Thank you.
Mr. Bergman: Thank you.
Ms. Dooley: IfI may quickly or --
Chair King: Hold on. The Manager wanted to say something. Go ahead. Go ahead.
Ms. Dooley: Just to clarify, counsel's idea of somehow burden shifting to the City for
their failure to manage their own properties I think is not proper. The City shouldn't
have to drag out Police and Fire and Code for them to watch their tenants and make
sure that they have required licenses. They can do a check on that on City records on
their own at any time. They were properly noticed. The property was posted. The
registered agent was mailed. They chose to do nothing at the time. And that 's where we
lie. Secondly, I don't believe an accusation of this panel in saying that you are punishing
them is at all correct. In fact, I think that you're laying out the issues of what has gone
on here. There's failed management on the part of their tenant. There's failed
management on part of the property owner. That lasted for 13 years. When somebody
finally realized what happened, it was great for them. They came in, they did what
needed to be done, and that's a good thing, and I think you 've recognized that and
you've stated that, but that doesn't get over the hump of 13 years of collecting rent and
ignoring -- ignoring a hearing, not coming to that --
Commissioner Reyes: Absolutely.
Ms. Dooley: -- and then also not taking care of those issues. So I just wanted to put that
on the record. But I don't -- I don't think the characterization of a -- a punishment is
incorrect, and a characterization of it's 5 to 10 percent is also comes from I don 't know
where, but this is a commercial property, and I don't think that's any part of a
commercial property since all of you have been doing it. You 've been in the probably
10 to 20, and for repeat offenders, you keep going higher, and depending on how it
goes, you do as the Code says, which is you take the facts and the circumstances, and
you determine how that relates to what the fine is, which is -- this would be the City's
position and I think what you're doing. That's all I wanted to say. Thank you.
Commissioner Reyes: Madam Chair?
Chair King: And for the record, where the offenders are bad actors, I have requested
100 percent of the fine.
Ms. Dooley: Yes, you have.
Chair King: I -- just, just so you know, sir. And for the record, so could you please
introduce yourself? We haven't gotten your name. The Clerk needs your name for the
record.
Mr. Bergman: Yes, forgive me. Richard Bergman, B ER G M A N.
Chair King: So, Mr. -- Commissioner Pardo, do you have what you need?
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Commissioner Pardo: 1 do.
Chair King: Okay, are you ready to make a motion?
Commissioner Pardo: Yes. It's the most dense area in Miami 21 code. So I'm going to
move a motion for 25 percent.
Chair King: There 's a motion for 25 percent. Is there a second?
Vice Chair Carollo: I'll second for discussion, 25percent brings us to how much?
Mr. Santos-Alborna: 25 percent is $287,437.50.
Vice Chair Carollo: Okay. Commissioner Pardo, we're pretty close, I think. And we're
being very, very lenient with them, based upon what the record shows that they were
making there. I don 't think we should go anything less than the $300, 000 that they made
the last year that they operated there. So, I would bring it up just a tiny bit. I don't know
if it would be 26 percent, 27 percent. Bring it up to $300,000.
Commissioner Pardo: I'll amend it.
Vice Chair Carollo: Okay.
Chair King: Okay.
Vice Chair Carollo: I'll accept the amendment.
Chair King: The amendment. So the --
Vice Chair Carollo: And let me put this on the record, even though I think Assistant
City Attorney, Dooley, covered it very well for the City. The use of the word punishment,
we don't punish anybody here. Your client, even with a $300,000 fine, made millions
on that property violating the law. And the $300,000 is way below the over $1.1 million
that, frankly, in a case like this, maybe we should ask all of it. And your client still would
have made a million plus, maybe $2 million on it. You mentioned, and it's a valid
argument, but it doesn't hold much water in vacant land, that that 's gross, that's not
the net. I don't know what expenses you have except the normal expenses of taking care
of those lots. Yeah, you have to pay taxes. Whether you had it leased or not, taxes would
be paid. I'm sure that sweeping garbage that gets blown by the wind, or the people
might have thrown there when they parked, your parking operator would be taking care
of it. So, that doesn't hold much water for me either. What I do want to thank you and
your clients for is that at least you didn't come in here and say I'm taking this position
because your client endorsed my opponent Alfie Leon when I ran for office many years
ago. And that's why -- that I'm going after your First Amendment rights. So, I thank
you and your client for that, at least. But this is a prime example of what's been going
on in our city for too many years in the past. And this is across the board, all districts,
some more than others. And too many times in the past, Code hasn 't been as active as
it should he. Trying to be politically correct in what I'm saying. Building, the same.
Other departments the same. But still, to use the argument that I've heard here, that
what they have done is not their fault, it's the City's fault, because we should have shut
them down immediately. Yes, we should have. But they know why they weren't shut
down immediately. You know, there's no clean hands here. And I don 't see anyone in
this whole operation that had clean hands. Everybody was making money. And then to
try to say that the owner didn't really know what the company that they were leasing
the land to was going to be doing there. Come on, we're all grownups. You're going to
lease property and you don't know what they're going to use it for? Of course you do.
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So I, you know,l think that $300,000 is more than fair, more than fair, and your client
should be very thankful that that's all we charge.
Chair King: Commissioner Pardo.
Commissioner Pardo: Agreed.
Chair King: So we have a motion to settle this for $300,000. Do I have a second.
Commissioner Reyes: Second.
Chair King: 1 have a motion and a second; all in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
Commissioner Reyes: Madam Chair?
Chair King: Thank you.
Mr. Bergman: May I -- last comment.
Todd B. Hannon (City Clerk): As amended.
Mr. Bergman: If I may --
Chair King: Thank you.
Mr. Bergman: -- have indulgence for two things.
Chair King: No, sir. I think we 've finished with this. Thank you.
Mr. Bergman: Well, Commissioner Carollo made a mention --
Chair King: Sir, thankyou.
Mr. Bergman: -- of something that's incorrect.
Chair King: Thank you. Thank you. Thank you.
Vice Chair Carollo: Commissioner Pardo, thank you for holding the line on this.
Commissioner Reyes: Madam Chair?
Mr. Santos-Alborna: And for clarification, that is a 26.09 percent.
Vice Chair Carollo: Okay.
Commissioner Reyes: Madam Chair, ifI may, you see, we got to stop this -- the same -
- I mean, all this, I mean -- the most of the owners that they have been cited a long time
ago, they know, and they knew that if they could come, you see, and ask for a reduction,
that a reduction would being done -- I mean, was going to take place. And that practice,
we have to, I mean, we have to stop that. And what I'm asking the -- I mean, the
Director, is look in the. files, look at the properties, and find all of those that are -- have
been in violation for many years because they know that it is -- it was very easy to come
before one of those quasi judges that we had here, the mediators, or come before the
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Commission, and then they will have a reduction of their fines to a laughable, laughable
amount. That practice has to stop. That practice has to stop. So, respectfully asking you
to search, search on all the violators and let them know that they better come to terms
with this area and stop violating the law because they won't have a free pass as they
did before.
Vice Chair Carollo: Chair, can I make one last statement? I just want to say this
because I think it's important our residents hear this. Particularly those who are at
home, a lot more people. Sadly, and this is why I was upset when I'm hearing the
attorney trying to blame the City, that it's our fault because we should have shut them
down a long time ago. Yeah, we should have shut them down a long time ago, but I'm
going to tell you why, probably, they weren't shut down a long time ago, like a lot of
other people that should've been shut down a long time ago in different districts. I'm
going to give you some examples of what we have found here. I know the City Manager
last year went and checked one property, your district, Commissioner Pardo. That
property had from several years back to the Code Enforcement Board that they
complied fully. And the illegal construction that was found there was complied with.
Everything was taken out. Guess what? Years later, the Manager went and saw it
himself the same thing was there. That former code enforcement officer, thank God he
was a former, lied. And I think you all could figure out why he probably lied. I'm going
to give you another one. This guy was in planning, I believe. He was one of the buddies
from the code enforcement officer, the former code enforcement officer that I just
mentioned. He gets an email and the email says, take care of this. He has just been cited
in a property. This one is in my district. He had been cited in the property, and he
wanted the City employee to take care of it, to look into it. Well, the only reason we
know that he was cited and he sent a copy of what the code enforcement officer had
cited him for was because of that copy that we found in our system, that email he sent.
Because Code had no record of that, nothing existed anymore. Nothing happened there,
according to our official records. So I guess our City employee did take care of it for
him. And one of the most outrageous ones, and it was just not one, there were numerous
emails. Former Mayor's Office, one of his key right hands in engaging with citizens,
and someone that has been a code violator, time and time and time again, sending him
emails. Here's a cell number for the Code Director, former Code Director. Call him
up. They found that you were doing illegal work in this certain property of yours, and
more like that, so that it could be covered up. And this is the kind of stuff that was going
on in this city and that I started finding out time and time again. And yeah, I'm damned
by some, and they've taken their friends in the media, media that is no longer what I
remember when I was mayor that we had, this new media that we have, they're activists
or they're pay for play. And I've been defamed, attacked, damned, because these are
the kind of stuff that I have stood against and I have found. But the worst part for me is
that no one cares to look into it. No one cares. No one cares. This is why I feel that the
most important thing that this community needs and all these people that are running
for sheriff should do is create the biggest anti -corruption department that you 've ever
seen in the state of Florida. So that this sort of stuff can be looked into and something
can be done about it.
Chair King: Thank you.
Vice Chair Carollo: Thank you.
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RE.4 RESOLUTION
15879
Department of
Code Compliance
A RESOLUTION OF THE MIAMI CITY COMMISSION
MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT
LIENS RECORDED AGAINST PROPERTY ADDRESS 115
NORTHWEST 60 STREET, MIAMI, FLORIDA, CASE NUMBER
00006048, AFTER A HEARING, AS REQUIRED BY SECTION 2-817
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED;
AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL
SETTLEMENT OF THE AFOREMENTIONED LIEN; AUTHORIZING
THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL
DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN.
ENACTMENT NUMBER: R-24-0157
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Chair King: RE.4.
Robert Santos-Alborna: Good morning again, Commissioners, Robert Santos-Alborna,
Code Compliance Director. RE.4 is the mitigation of a property located at 115
Northwest 60th Street. It's a vacant lot. The violation is for overgrowth and failure to
maintain the lot. The case was opened on February 22, 2022, adjudicated on May 2022.
It complied on March 8th, 2023, after 306 days. The total accrued amount of the lien is
$153,000. The offer from the respondent, and I have met with counsel, I have it on the
table here, is $15,300. That is 10 percent. 15 percent would be $22,950. The 15 -- the
10 percent offer, I think, is reasonable based on the lot, but just for the record, 15
percent will make it 22,950 --
Chair King: Thank you. Sir?
Mr. Santos-Alborna: -- which is my amended recommendation.
Chair King: Sir?
Joshua Salmon: Good afternoon, Commissioners. Joshua Salmon on behalf of Armada
Holdings, LLC (Limited Liability Corporation). Not to try to contrast too much with the
prior case, but as you said, it's a 306 days --
Chair King: That's tough to come -- come behind the prior case.
Vice Chair Carollo: No, you 're nothing like the previous case.
Mr. Salmon: It's not the worst one to go after. So my client had a -- well, originally my
client, along with another company, owned, I believe it was five lots from 2015 to 2021.
My client was a passive investor in that ownership group, was not responsible for
maintenance of the lots, et cetera, just an investor. My client is not located in Florida
and wasn't visiting the lots regularly, et cetera. There was a falling out among the
company in October of 2021. My client acquired the lot that is currently at issue and
became responsible for that maintenance due to a lack of diligence, admittedly, by my
own client. He was not aware that it was not being upkeptproperly, that there hadn 't
been maintenance of the grass, the property around it, et cetera. There was a violation
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that was issued. It was properly posted. It was given to the registered agent. For some
reason or another, it did not make its way to my client, likely the fault of the registered
agent. As they will tell you, it was properly posted. 1 make no argument about that. 1 do
think that there was possibly an issue with the address that, again, my client did not
address on his primary address. Long story short, did not learn about the violation. At
the beginning of March, a lien search was conducted in pursuit of possibly alienating
the property. Learned that this was outstanding. Within a week, got the property
cleaned up, had an investigator come out, give it an affidavit of compliance, got it taken
care of and it's done. To the best of my knowledge, they're a first-time offender. There 's
no danger to life, liberty, property, et cetera, and the issue has been rectified and with
all hope will not occur again. As a result, we offer 10 percent to --
Chair King: 1 believe 15 percent is fair. Do I have a motion?
Vice Chair Carollo: Second.
Chair King: I have a motion.
Vice Chair Carollo: I'll make the motion.
Commissioner Reyes: (INAUDIBLE).
Chair King: 1 have a motion and a second for 15 percent, which is for the record --
Mr. Santos-Alborna: $22,950.
Chair King: All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
Mr. Santos-Alborna: For the record, there's a reverter clause that needs to be paid
within 20 days, otherwise it goes to All amount.
Todd B. Hannon (City Clerk): As amended.
Chair King: As amended.
Mr. Santos-Alborna: Thankyou, sir.
Mr. Salmon: Thank you.
Chair King: I'm going to ask my colleagues now, what is the will? We have an Omni
CRA (Community Redevelopment Agency) meeting.
Vice Chair Carollo: Can we go to the Omni CRA meeting?
Chair King: Break for the Omni CRA meeting and then lunch and then come back?
Vice Chair Carollo: Yeah.
Commissioner Reyes: Okay.
Chair King: Okay, at this time, the City Commission meeting for April 25th, 2024 is
now in recess and we are going to start the Omni CRA meeting immediately following
the Clerk's flipping of the tape.
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RE.5 RESOLUTION
15509
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING, SETTING FORTH, AND
SUBMITTING TO THE ELECTORATE A PROPOSED AMENDMENT
TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CHARTER"), KNOWN AS CHARTER AMENDMENT
NO. 2; CREATING SECTION 52 OF THE CHARTER, TITLED
"OFFICE OF INDEPENDENT INSPECTOR GENERAL," TO
CREATE THE OFFICE OF THE INDEPENDENT INSPECTOR
GENERAL AND TO PROVIDE FOR ITS PURPOSE, POWERS, AND
DUTIES; FURTHER AMENDING SECTION 4 OF THE CHARTER,
TITLED "FORM OF GOVERNMENT; NOMINATION AND
ELECTION," TO PROHIBIT POLITICAL INTERFERENCE;
FURTHER AMENDING SECTION 20 OF THE CHARTER, TITLED
"DIRECTORS OF DEPARTMENTS," TO PROVIDE FOR THE
APPOINTMENT OF THE INDEPENDENT INSPECTOR GENERAL
BY THE CITY COMMISSION; AND FURTHER AMENDING
SECTION 36 OF THE CHARTER, TITLED "CIVIL SERVICE," TO
PROVIDE THAT EMPLOYEES EMPLOYED BY THE CITY AND
WORKING WITHIN THE OFFICE OF THE INDEPENDENT
INSPECTOR GENERAL ARE UNCLASSIFIED; CALLING FOR A
REFERENDUM AND PROVIDING THAT THE CHARTER
AMENDMENT NO.2 WILL BE SUBMITTED TO THE ELECTORATE
AT THE REFERENDUM SPECIAL ELECTION TO BE HELD
CONCURRENTLY WITH THE PRIMARY ELECTION SCHEDULED
FOR AUGUST 20, 2024; DESIGNATING AND APPOINTING THE
CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY
COMMISSION WITH RESPECT TO THE USE OF VOTER
REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING
THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE
HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR
OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA NOT LESS
THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH
ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR
THIS RESOLUTION.
ENACTMENT NUMBER: R-24-0153
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Chair King: We left orlon RE.5.
Commissioner Reyes: RE.5.
Chair King: Do I have a motion for RE.5?
Commissioner Gabela: Motion. Second or --
Chair King: I have a motion. Do I have a second?
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Commissioner Pardo: Can 1--
Chair King: 1 have a motion and a second for RE.5. Any discussion? All in favor?
Todd B. Hannon (City Clerk): Chair?
Commissioner Gabela: Ave.
Chair King: I'm sorry, wait, Todd.
Mr. Hannon: RE.5 is to be amended to add the following resolution number, R-24-
0153.
Chair King: Thank you. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries.
Mr. Hannon: As amended.
Chair King: As amended.
RE.6 RESOLUTION
15507
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING, SETTING FORTH, AND
SUBMITTING TO THE ELECTORATE A PROPOSED AMENDMENT
TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CHARTER"), KNOWN AS CHARTER AMENDMENT
NO. 1; AMENDING SECTION 48 OF THE CHARTER, TITLED
"OFFICE OF INDEPENDENT AUDITOR GENERAL," TO
ELIMINATE THE OFFICE OF THE INDEPENDENT AUDITOR
GENERAL; FURTHER AMENDING SECTION 4 OF THE CHARTER,
TITLED "FORM OF GOVERNMENT; NOMINATION AND
ELECTION," SECTION 20 OF THE CHARTER, TITLED
"DIRECTORS OF DEPARTMENTS," AND SECTION 36 OF THE
CHARTER, TITLED "CIVIL SERVICE," TO REMOVE REFERENCES
THERETO; CALLING FOR A REFERENDUM AND PROVIDING
THAT THE CHARTER AMENDMENT NO. 1 WILL BE SUBMITTED
TO THE ELECTORATE AT THE REFERENDUM SPECIAL
ELECTION TO BE HELD CONCURRENTLY WITH THE PRIMARY
ELECTION SCHEDULED FOR AUGUST 20, 2024; DESIGNATING
AND APPOINTING THE CITY CLERK AS THE OFFICIAL
REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT
TO THE USE OF VOTER REGISTRATION BOOKS AND
RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE
A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE
DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-
DADE COUNTY, FLORIDA NOT LESS THAN FORTY-FIVE (45)
DAYS PRIOR TO THE DATE OF SUCH ELECTION; PROVIDING
AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION.
ENACTMENT NUMBER: R-24-0154
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MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Miguel Angel Gabela, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Chair King: RE.6.
Commissioner Reyes: Madam Chair?
Chair King: Yes, sir.
Commissioner Reyes: (INAUDIBLE) of the auditor?
Chair King: Mm-hmm.
Commissioner Reyes: Okay, I'm all for it, but the thing is, because the auditor is going
to -- it's -- his contract is coming up, right?
Chair King: Yes, I believe so.
Commissioner Gabela: I have something,for that.
Commissioner Reyes: Okay, no, because what I was going to suggest is that we use our
-- if he agrees, on month to month.
Chair King: On a month to month basis.
Commissioner Reyes: Month to month. That's if --
Chair King: Until the other item that we just passed --
Commissioner Reyes: -- if Mr. Gabela, you are --
Commissioner Gabela: That's -- that's what I -- that's what I had in mind, the same
thing.
Commissioner Reyes: Oh, well, we understand, good. Okay.
Chair King: Okay, so RE.6 is proposed that the auditor general will be on a month -to -
month basis.
Commissioner Reyes: Yes.
Chair King: Mr. City Clerk?
John Greco (Interim City Attorney): I think that the City Clerk and I are thinking the
same thing, Madam Chair, that you're thinking -- there's related items, so that's RE.15,
Commissioner, that's RE.15.
Chair King: Okay.
Mr. Greco: RE.6 would remove -- would be a Charter amendment that would remove -
Commissioner Reyes: Okay, okay. I move it.
Chair King: Okay. Okay.
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Commissioner Gabela: Second.
Chair King: So, I have a motion and a second, all in favor -- as amended.
Todd B. Hannon (City Clerk): Yes, to add resolution number R-24-0154.
Chair King: So I have a motion and a second, all in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
RE.7 RESOLUTION
15877
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION
CODESIGNATING SOUTHEAST 12TH STREET FROM BRICKELL
AVENUE TO BRICKELL BAY DRIVE AS "BAD BOYS BOULEVARD"
IN HONOR OF THE "BAD BOYS" MOVIE FRANCHISE, PURSUANT
TO SECTION 54-137 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; FURTHER DIRECTING THE CITY
CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
HEREIN DESIGNATED OFFICES.
MOTION TO: Withdraw
RESULT: WITHDRAWN
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
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RE.8 RESOLUTION
15626
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER, PURSUANT TO SECTION
18-72(B)(14) OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, TO SELECT UP TO FIVE (5) PROSPECTIVE
INDEPENDENT EXPERTS IN LEGAL AUDITING AND REVIEW TO
REVIEW PENDING LITIGATION CASES INVOLVING THE CITY
WHERE THE AMOUNT IN CONTROVERSY IS FIVE MILLION
DOLLARS ($5,000,000.00) OR MORE AND PROVIDE
RECOMMENDATIONS FOR OPTIMIZING THE MANAGEMENT OF
THOSE PENDING LITIGATION CASES AND PROVIDE A REPORT
TO THE CITY COMMISSION; DIRECTING THE CITY MANAGER
TO OVERSEE THE PROCESS OF HIRING THE EXPERT AND TO
ENSURE THAT THE SELECTION IS MADE BASED ON THE
EXPERT'S QUALIFICATIONS, EXPERIENCE, AND REPUTATION
IN THE FIELD OF LEGAL AUDITING AND REVIEW; FURTHER
AUTHORIZING THE CITY MANAGER TO ALLOCATE THE
NECESSARY FUNDS TO COVER THE EXPENSES ASSOCIATED
WITH HIRING THE EXPERT AND CONDUCTING THE REVIEW
AND AUDIT OF THOSE PENDING LITIGATION CASES; FURTHER
DIRECTING THE CITY MANAGER TO SELECT THE EXPERTS
AND PRESENT THEM TO THE CITY COMMISSION FOR FINAL
SELECTION AND APPROVAL BY APRIL 25, 2024.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: Item RE.8 was continued to the May 23, 2024, City Commission
Meeting.
RE.9 RESOLUTION
15902
Department of
Resilience and
Public Works
A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING
NO OBJECTION AND SUPPORTING THE PLACEMENT OF A
FLORIDA HISTORICAL MARKER DESIGNATING THE PORTION
OF THE PUBLIC RIGHT-OF-WAY LOCATED AT APPROXIMATELY
1788 DELAWARE PARKWAY, MIAMI, FLORIDA, AS "THE
FLEISCHER STUDIOS IN MIAMI"; FURTHER DIRECTING THE
CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS
RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS.
ENACTMENT NUMBER: R-24-0158
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Miguel Angel Gabela, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Vice Chair Carollo: 7 is withdrawn?
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RE.10
15901
Commissioners
and Mayor
Chair King: 7 is withdrawn, 8 is deferred. We have RE.9.
Commissioner Gabela: That was the City Manager's, I think.
Chair King: For what, RE.9?
Commissioner Gabela: RE.9, I think. Is that you?
Todd B. Hannon (City Clerk): RE.9 is in play.
Chair King: Do I have a motion for RE.9?
Commissioner Gabela: Motion.
Commissioner Reyes: Move it.
Chair King: I have a motion and a second, all in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
EXECUTE A FIRST AMENDMENT OF DECLARATION OF
RESTRICTIVE COVENANTS RUNNING WITH THE LAND
APPROVED PURSUANT TO RESOLUTION NOS. R-18-0497 & R-
19-0311 ("COVENANT"), IN SUBSTANTIALLY THE ATTACHED
FORM, TO ALLOW MIXED -USE, MIXED -INCOME, MULTIFAMILY
HOUSING DEVELOPMENT OF THE PROPERTY IDENTIFIED AS
FOLIO(S): 01-0106-070-2010, 01-0106-070-2020, AND 01-0106-
070-2060, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "C"
OF THE COVENANT, ATTACHED AND INCORPORATED (THE
"PROPERTY"); PROVIDING THAT A MINIMUM OF FIFTY
PERCENT (50%) OF ALL RESIDENTIAL UNITS OF THE
DEVELOPMENT SHALL BE RENTED TO TENANTS WHOSE
INCOMES ARE AT OR BELOW ONE HUNDRED TWENTY
PERCENT (120%) OF THE AREA MEDIAN INCOME, AS
DETERMINED BY THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT; PROVIDING THAT THE
PROPERTY (INCLUDING ANY IMPROVEMENTS THEREON) MAY
BE GROUND LEASED TO AN ENTITY WHERE A YWCA OF
MIAMI-DADE, INC., A FLORIDA NOT FOR PROFIT
CORPORATION, AFFILIATE HAS AN OWNERSHIP INTEREST IN
SAID GROUND LESSEE ENTITY AND THE PROPERTY SHALL BE
USED FOR THE INTENDED PURPOSES SET FORTH IN THE
COVENANT; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING
AMENDMENTS AND MODIFICATIONS, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO
EFFECTUATE SAID FIRST AMENDMENT OF THE COVENANT.
ENACTMENT NUMBER: R-24-0159
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MOTION TO:
RESULT:
MOVER:
SECONDER:
AYES:
Adopt
ADOPTED
Miguel Angel Gabela, Commissioner
Joe Carollo, Commissioner
King, Carollo, Gabela, Pardo, Reyes
Chair King: RE.10.
Commissioner Reyes: Madam Chair?
Chair King: Yes.
Commissioner Reyes: I have a little problem with RE.10. You see, what it says, it says,
1 mean, it removes the covenant that we have. They are going to receive, I mean, benefits
from the City, and according to our resolution, as I explained this morning when we
were talking about the affordable housing, it says 50 percent of them at 120 or less.
According to our resolution, it is 100 percent. And it is, as I said before, it is a great
difference because at 20 percent -- I mean, at 120, you can -- they can charge $2,200
for a studio versus $1, 700 at 100, which is quite different. If we are offering affordable
housing, we need to -- I mean, afford -- offer real affordable, you see?
Chair King: Let me have the sponsor of the item respond to that.
Commissioner Gabela: Yeah, so we talked, they came in, the ladies came in, and we're
not giving them any financial benefit in that way. We're only --
Commissioner Reyes: The covenant -- I mean, if we don 't do the covenant --
Commissioner Gabela: Right.
Commissioner Reyes: -- they're not -- they cannot do it.
Commissioner Gabela: They can't do it, but my point is we're not giving them any
monies, we're not giving them -- all we're doing is making it so they can do what they
want to do. But I understand your point, but I just want to clear it up that we 're not
giving them really any financial benefit in the ways of monies coming from the City or
what have you in that --
Commissioner Reyes: Who owns the land?
Commissioner Gabela: We do.
Commissioner Reyes: We do. So they're getting benefit.
Commissioner Gabela: Yes, yes.
Commissioner Reyes: They're getting benefit. Land has value, okay.
Commissioner Gabela: Manolo, I was just told that we do not own the land. Is that
correct?
Commissioner Reyes: What?
Commissioner Gabela: We do not own the land.
Chair King: The City does not own the land.
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Commissioner Reyes: We don't own the land?
Chair King: No, no.
Commissioner Reyes: Well, I don't know, I'm not too clear about that, but -- you know
the way I am, that I mean anything that it goes -- comes --
Chair King: Well, let's have the City -- let's have Administration confirm who the land
owner is.
Commissioner Reyes: That's right. Let's confirm who the land is.
Chair King: I'm fairly certain the City does not own the land that the YMCA [sic]
(Young Men's Christian Association) has proposed to build on.
Commissioner Reyes: Then why do we have to vote on this?
Commissioner Gabela: Because we got to clear the title. There's a cloud on the title
because of the -- one side says one thing and the other -- and what we're trying to do
so they can do their project, it's just a matter of interpretation of the title, to clear the
title. It's a small cloud that the title has, but we're not giving -- it's not our land. It's
just that they have --
Commissioner Reyes: Well, let me hear it from the -- from the --
Commissioner Gabela: Yeah, yeah, absolutely.
Commissioner Reyes: Let me hear it from the -- okay.
[Later...]
Chair King: Are we ready for RE. 10? Do we have the answer for RE.10? Are we ready?
I could go to another item if we don't have the answers yet.
Commissioner Gabela: So, Madam Chair, through you, can I ask a question?
Chair King: Yes, yes.
Commissioner Gabela: So, if you want to answer it, I think the gentleman -- this is the
attorney for the YMCA, for the group, and maybe he can answer the question that
Manolo had.
Chair King: Yes. Good afternoon.
Unidentified Speaker: Good afternoon.
Chair King: Can you confirm whether the property is owned by the YMCA or the City
of Miami?
Unidentified Speaker: The property is owned by the YWCA (Young Women's Christian
Academy) of South Florida.
Chair King: I knew that. Okay.
Commissioner Reyes: That satisfies me.
Chair King: So, I have a motion and a second. All in favor for RE.10?
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RE.11
15903
Commissioners
and Mayor
The Commission (Collectively): Aye.
Chair King: Thank you.
Todd B. Hannon (City Clerk): Chair --
Unidentified Speaker: Thank you.
Mr. Hannon: -- can you just clam who the mover and seconder was for RE.10?
Chair King: I think Commissioner Gabela was the mover and Vice Chair was the
second.
Commissioner Reyes: Okay.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING MARK BURNS AS THE
EXECUTIVE DIRECTOR OF THE COCONUT GROVE BUSINESS
IMPROVEMENT DISTRICT; RATIFYING, APPROVING, AND
CONFIRMING THE EMPLOYMENT AGREEMENT.
ENACTMENT NUMBER: R-24-0160
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Damian Pardo, Commissioner
SECONDER: Christine King, Commissioner
AYES: King, Gabela, Pardo, Reyes
NAYS: Carollo
Chair King: We could move on to the next item if you'd like.
Commissioner Reyes: Yeah, let's move -- let's move to R11 [sic].
Chair King: R11 [sic], do I have a motion?
Commissioner Reyes: Move it.
Commissioner Pardo: Yeah, I'd like to make a motion to ratify Coconut Grove BID
(Business Improvement District) Executive Director Mark Burns.
Chair King: Okay, I have a motion.
Commissioner Reyes: I second.
Chair King: I have a second.
Commissioner Reyes: Second.
Chair King: I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
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RE.12
15908
Commissioners
and Mayor
Chair King: Motion carries unanimously.
Commissioner Reyes: Okay.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ELECTING AS CITY
ATTORNEY, PURSUANT TO SECTION 21 OF THE CHARTER OF
THE CITY OF MIAMI, AS AMENDED, AND APPROVING THE
COMPENSATION AND EMOLUMENTS FOR THE CITY
ATTORNEY.
ENACTMENT NUMBER: R-24-0161
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Gabela, Pardo, Reyes
NAYS: Carollo
Chair King: RE.12? You want to take up RE.12?
Commissioner Pardo: Sure.
Commissioner Reyes: Sure.
Chair King: Okay.
Commissioner Pardo: There are a couple of small things I would just want to make
mention because I've -- you know, they've been floating around. I just want everybody
to know that that process was entirely done in the Sunshine.
Commissioner Reyes: Yes.
Commissioner Pardo: All the meetings were noticed. All the meetings welcomed the
public. All the meetings have minutes. And I also wanted to thank the very distinguished
selection committee that we all put together. And then the selection was George
Wvsong. So it's up to us to go ahead and vote.
Commissioner Reyes: Through the Chair --
Chair King: Yes?
Commissioner Reyes: -- I want to add -- I want to add that the period of application
was extended for other people to apply to it. If only 13 people applied and most of them
didn't qualify because they didn't meet the requirements that we as employers, we had
those requirements. I mean, the selection, I believe, that is crystal clear.
Chair King: Commissioner, will you put the mics down?
Vice Chair Carollo: Thank you. Here's the only problem that I have. If we establish a
process, then it should be a fully transparent process where no one that applied and
qualified could say that this is a sham by us. We haven't established any process to give
the opportunity for those candidates that qualified to be interviewed by us. So what I
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will he asking is to bring this back at the next meeting during that week and a half or
so, go ahead, and any one of us that needs and should, frankly, meet with all the
candidates that qualified, and there were many, do that. This way no one can challenge
what was done. And this is only being fully transparent in the process and I never,
frankly, seen a process that you ask people to apply and then they're not interviewed
by the ones that make the ultimate decision. I was not given by the City Attorney's Office
that I believe was handling this or by the Administration any guidelines as to how we
were going to go about in interviewing people. So there has to be a process that we
could give those that qualj the opportunity. I think the best way is for us to be able to
do it individually. But if not, the other way is that you bring them all before the
Commission, and we could publicly ask them whatever questions we want done. So what
I'm respectfully asking is that this would be held back until -- when is our next meeting?
Is it May the IIth?
Todd B. Hannon (City Clerk): May 9th.
Vice Chair Carollo: May 9th? For the May 9th meeting. You have Mr. Greco in place,
so that 's not an issue anymore. And then we come and we handle business on May 9th
in a transparent way that no one can point at us and say, hey, why did I even apply for
it if these guys had it all fixed from the beginning?
Commissioner Reyes: Madam Chair?
Chair King: May I?
Commissioner Reyes: Yes.
Chair King: I thought the process that was used was one that we all came up with.
Commissioner Reyes: That's right.
Chair King: We would select a committee. We appointed a member of the committee to
do exactly what Vice Chair is speaking of. For me, I am confident in my committee
appointment's recommendation, so I don't need --
Commissioner Reyes: Absolutely, so would I.
Chair King: -- to go further. I'm just saving, for me, I don't feel like there needs to be
an additional process and I'll allow my colleagues to weigh in as well. I believe
Commissioner Reyes --
Commissioner Reyes: Yes, let me -- let me add. You see, the selection committee was
formed to get politics out of it. For it, I mean, the process to have transparency. We are
not interviewing and we are not making the decision. We are accepting the decision of
those -- that selection committee, that was all -- and I thank all of them, very reputable
professionals that they gave us their time, they -- I mean, they interviewed, they went
through all the applications, and they make the selection. That is what we all agree and
that is what I am going to vote on it. I don't want to interview or to ask questions to any
one of them, and I don't want to vote for a candidate based on their answer because we
are getting politics into it. You see, it's us politicians, the ones that are picking then
up. The idea, the main idea was to get us out of it, you see? Get us out of it. And that 's
why I don 't -- with all due respect, Commissioner, I don 't see that we should --
Commissioner Gabela: Madam Chair?
Commissioner Reyes: I am -- I am --
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Chair King: Okay.
Commissioner Reyes: -- I am totally --
Chair King: Let me hear from my other colleagues. Commissioner Gabela.
Commissioner Gabela: I think -- I think we 're ready to go. I motioned -- I make the
motion. I think see him nodding. I see Manolo. I think we all agreed to this two months
ago, like Manolo said, the application process was even extended, an extra, I think, 30
days to allow --
Commissioner Reyes: That's right.
Commissioner Gabela: -- more people in, and this is what we have. So I'm ready. I call
the question, and I'm ready, --
Vice Chair Carollo: Madam Chairman.
Commissioner Gabela: -- to make a motion.
Chair King: Let me allow Commissioner Pardo to speak as well.
Commissioner Gabela: Yes, absolutely.
Commissioner Pardo: I'm ready as well.
Chair King: Vice Chair?
Vice Chair Carollo: Madam Chairman, look, no one told me that we were giving the
right to a committee to decide and we were just going to rubber stamp whatever a
committee made. If we're talking about keeping politics from it, then we should not have
appointed the committee members. It should have been someone that 's not in the field
of politics. But nevertheless, it was not established that we were going to just approve
whatever the committee would say. I personally have no problem whom the committee
recommended, but I've never seen in 40 plus years this process be followed here in this
fashion. And what I don't want is anyone that applied to say, you know, these guys had
a sham, they had a candidate they wanted from the beginning, and we were just used,
not even given the opportunity from those that make the final decisions, the ones that
are elected to have even spoken to me. I don't know who these other candidates are. I
know the one that's from the City that worked with for many, many years, butt don't
know the others. And I think if they applied, that at least would have deserved that
opportunity. So this is the point that I'm trying to make across that, you know, I think
we all know where we're all going to be heading a week from now. But -- or 10 days
from now, whatever the amount of days are for the next meeting.
Commissioner Gabela: Call the question.
Vice Chair Carollo: But I'm saying that I think that there should have been somewhat
of a process to be followed to be a lot more transparent in how we move forward. If'
we're going to say that --
Commissioner Reyes: Point well taken.
Vice Chair Carollo: -- we're giving our vote to keep politics to committees from now
on, how many committees are we going to be bringing in to do that with? So we're
going to be -- you know, maybe the committee people should be the ones to get the title
of Commissioner, not us up here.
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Commissioner Reyes: Well, let me tell you something. Through the Chair, you see, you
remember when --
Chair King: Hold on a second. Hold on a second. I understand what our Vice Chair is
saying, and it was my understanding that we appointed the committee to make
recommendations. We do not have to accept the recommendation.
Commissioner Reyes: No, we don't.
Vice Chair Carollo: That's exactly what I'm saying.
Chair King: But -- so this is what the vote would be. I was advised by the City Clerk
that I have a motion from Commissioner Gabella, but I don't have a second.
Vice Chair Carollo: Well, I'll second it for the sake of speaking and being able to
finalize this. But the question that I'd like to ask, because I'm confused now, I was told
that the committee had asked for an extension so that more people could apply. And
they were told no --
Commissioner Reyes: No.
Vice Chair Carollo: -- that they couldn't do it.
Chair King: There was an extension.
Commissioner Reyes: There was an extension.
Chair King: There was an extension.
Commissioner Reyes: What they asked -- what they -- and let me refresh your memory.
What they asked for was to place their own requirements, what they thought that were
the requirements, as if they were the employers.
Vice Chair Carollo: Yeah.
Commissioner Reyes: And all of us said, no, we are the employers.
Vice Chair Carollo: Yeah, we said that, and we have a right to do that.
Commissioner Reyes: Okay, and that's it. And I'm just going to remind you this. Excuse
me a minute. I'm going to remind you this. When Acevedo --
Vice Chair Carollo: Excuse me?
Commissioner Reyes: -- when Acevedo was picked, he went over the committee that we
had already, I mean, get together, and the committee had their own -- I mean, they had
their recommendation, and we went over Acevedo. I think that what we have here is a
process that was totally, totally performed according to what our instructions were and
too had if more people didn't realize -- didn't want to work here. There's a lot ofpeople
that don 't want to work in the City of Miami because the way that sometimes we behave
and that's the truth. I mean we cannot lie to ourselves. And the people should know
that. You see, that's a fact. So I second Mr. Gabela, and I think that we should be voting.
Commissioner Gabela: Okay, let's call the vote.
Chair King: So I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
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RE.13
15909
Commissioners
and Mayor
Vice Chair Carollo: 1 will be voting no for the reason stated, even though 1 would have
voted otherwise for Mr. Wysong to keep someone from the inside in helping bring this
department forward.
Chair King: So motion carries 4-1. And at this time the City Clerk --
Mr. Hannon: As amended.
Chair King: As amended.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION
CODESIGNATING SOUTHWEST 2ND AVENUE FROM
SOUTHWEST 26TH ROAD TO SOUTHWEST 27TH ROAD AS
"ISIDOR COHEN ROAD" IN HONOR OF THE CONTRIBUTIONS
MADE BY ISIDOR COHEN TO THE CITY OF MIAMI, FLORIDA,
PURSUANT TO SECTION 54-137 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED; FURTHER DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO
THE HEREIN DESIGNATED OFFICES.
ENACTMENT NUMBER: R-24-0162
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Chair King: We have RE.13, 14, 15, and 16 in play. Does anyone want to take any one
of those items out for discussion?
Vice Chair Carollo: 15, I'm confused with. Can we take it out and discuss it?
(INAUDIBLE).
Chair King: So is there a motion to defer RE.15?
Commissioner Reyes: (INAUDIBLE) City Clerk?
Todd B. Hannon (City Clerk): I'm sorry, sir?
Commissioner Reyes: RE. 15, if we can defer it until after the election.
Mr. Hannon: Well, Mr. City Attorney, RE (Resolution) -- then that just means --
George Wysong (City Attorney): I was --
Mr. Hannon: What does that mean Pr the current auditor general?
Mr. Wysong: So, the only concern is -- and I believe his date is May 8th, the next
Commission meeting we have is May 9th, so you could -- by deferring it, you could
trigger arguably a new term of four years.
Commissioner Reyes: Okay.
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Mr. Wysong: So --
Arthur Noriega (City Manager): Yeah, I think the fear is not to trigger a new term or
not to give any impression that we're triggering a new term --
Commissioner Gabela: Correct.
Mr. Noriega: -- which is why we had indicated in the briefings that it would probably
be preferable to have this be a month -to -month agreement up until the ballot item is --
and the Charter change is --
Vice Chair Carollo: Is determined.
Mr. Noriega: -- is addressed by the voters.
Chair King: So would that be an amendment to this item?
Mr. Wysong: Yes.
Vice Chair Carollo: I think so. It would be --
Chair King: Okay.
Vice Chair Carollo: -- month to month, up until this is voted upon.
Commissioner Reyes: Okay.
Mr. Wysong: Right. Exactly.
Commissioner Reyes: Okay. That's fantastic. Month to month. That's right.
Commissioner Gabela: That's the idea. What Carollo said, that was the -- that's the
idea.
Chair King: Okay.
Commissioner Reyes: That's right.
Chair King: So --
Commissioner Reyes: I move it.
Chair King: Okay.
Vice Chair Carollo: Second.
Chair King: Okay, so then do I have a motion for RE.13, 14, 15 and 16?
Vice Chair Carollo: Yeah.
Mr. Noriega: Todd has his hand up.
Commissioner Reyes: Move it.
Mr. Hannon: So then for RE.15, we have a blank for the name. That is Theodore Guba,
correct?
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Vice Chair Carollo: Yeah.
Chair King: Correct.
Mr. Hannon: Yes, and on a month -to -month.
Chair King: On a month -to -month basis --
Vice Chair Carollo: Yeah.
Chair King: As amended.
Vice Chair Carollo: Right.
Mr. Hannon: RE.15, amended. There's also -- there's a substitution memo. It was
distributed on April 24th regarding FR (First Reading) -- oh, that's FR.2. I'm sorry.
Chair King: Okay. So I have a motion and a second.
Mr. Hannon: RE.16, there was a substitution memo distributed on April 22nd, 2024,
amending RE.16.
Chair King: So as amended.
Commissioner Reyes: As amended.
Chair King: So, I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
Chair King: With RE.15 and 16 as amended.
Vice Chair Carollo: Okay.
Chair King: Okay.
Commissioner Gabela: We didn't do 13 and 14?
Chair King: We did 13. We did 13 and 14, yeah.
Commissioner Gabela: That was the whole thing, 13, 14, 15 and 16, right?
Chair King: Um-hmm, um-hmm.
Commissioner Gabela: Okay.
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RE.14
15911
Commissioners
and Mayor
RE.15
15915
Commissioners
and Mayor
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
ITS UNWAVERING SUPPORT OF THE STATE OF ISRAEL AND
CONDEMNING ACTS OF AGGRESSION BY THE TERRORIST
ISLAMIC STATE OF IRAN AND ITS TERRORIST PROXIES;
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE OFFICIALS STATED HEREIN.
ENACTMENT NUMBER: R-24-0163
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number RE.14, please see Item
Number RE.13.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION ELECTING
TO NOT REAPPOINT THEODORE GUBA AS THE INDEPENDENT
AUDITOR GENERAL OF THE CITY OF MIAMI; APPOINTING
TO SERVE AS INTERIM INDEPENDENT
AUDITOR GENERAL UNTIL SUCH TIME AS THE CITY
COMMISSION APPOINTS A PERMANENT INDEPENDENT
AUDITOR GENERAL OR THE CITY CREATES THE OFFICE OF
THE INDEPENDENT INSPECTOR GENERAL.
ENACTMENT NUMBER: R-24-0164
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number RE.15, please see Item
Number RE.13.
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RE.16
15918
Commissioners
and Mayor
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), REALLOCATING FUNDS, IN THE TOTAL
AMOUNT OF FIVE HUNDRED FIFTY THOUSAND AND 00/100
DOLLARS ($550,000.00) ("FUNDS") FROM THE SWANNANOA
MINI PARK - RIGHT OF WAY IMPROVEMENTS PROJECT,
PROJECT NO. 40-B203519 ("SWANNANOA MINI PARK") AND THE
SHENANDOAH MINI PARK - RIGHT OF WAY IMPROVEMENTS
PROJECT, PROJECT NO. 40-B203518 ("SHENANDOAH MINI
PARK"), IN THE CITY OF MIAMI'S ("CITY") FISCAL YEAR 2023-24
MULTI -YEAR CAPITAL PLAN ADOPTED ON SEPTEMBER 9, 2023
PURSUANT TO RESOLUTION NO. R-23-0376, AS
SUBSEQUENTLY AMENDED ("CAPITAL PLAN"), AND RE -
APPROPRIATING SAID FUNDS TO THE WEST END PARK POOL
AND ENHANCEMENTS PROJECT, PROJECT NO. 40-B183505
("WEST END PARK PROJECT"), ALL AS SET FORTH IN EXHIBIT
"A," ATTACHED AND INCORPORATED; RATIFYING, APPROVING,
AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE
CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN
ORDER TO UPDATE THE CAPITAL PLAN, RELEVANT FINANCIAL
CONTROLS AND COMPUTER SYSTEMS IN CONNECTION
THEREWITH, FOR PROJECT CLOSE-OUTS, AND FOR GRANTS
AND OTHER FUNDING SOURCES IN PROGRESS IN
CONNECTION HEREWITH; AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE, ANY AND ALL DOCUMENTS,
INCLUDING, BUT NOT LIMITED TO, AGREEMENTS,
AMENDMENTS, MODIFICATIONS, AND MEMORANDUM OF
UNDERSTANDING, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, NECESSARY FOR THE PURPOSES SATED HEREIN;
PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: R-24-0165
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number RE.16, please see Item
Number RE.13.
END OF RESOLUTIONS
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SR - SECOND READING ORDINANCES
SR.1 ORDINANCE First Reading
15416
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE IX/SECTION 2-779 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"ADMINISTRATION/CITY-OWNED PROPERTY/OUTDOOR
ADVERTISING SIGNS AND ON -SITE SIGNAGE ON
GOVERNMENT -OWNED PROPERTY," TO AMEND ORDINANCE
14140 TO BRING IT MORE INTO CONFORMITY WITH PRIOR
ORDINANCE 13536 SO AS TO DISALLOW LED SIGNAGE AND
OTHER RECENT CHANGES; CONTAINING A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Pass on First Reading with Modification(s)
RESULT: PASSED ON FIRST READING WITH MODIFICATION(S)
MOVER: Joe Carollo, Commissioner
SECONDER: Miguel Angel Gabela, Commissioner
AYES: King, Carollo, Gabela
NAYS: Pardo, Reyes
Chair King: Okay, SR.1, outdoor advertising.
Commissioner Pardo: Madam Chair?
Chair King: Yes?
Commissioner Pardo: I'll go ahead and open --
Chair King: Please.
Commissioner Pardo: -- on the item we're sponsoring. The first thing I'd like to say is
thank you to everyone who came out to speak on the billboards. On whatever side you
were, it speaks to our residents and to our conviction and to our voice being heard by
government, and you making the sacrifice and taking the time to participate in this
process. It's so important. I talk a lot about it a lot because I want you to believe it. So
believe it. SR. 1 is a compromise ordinance. This is important to understand. It already
passed at first reading, and I'm asking for us to vote it as is. It repeals the ordinance
that passed one and a half years ago, that 's the ordinance that created these oversized
outdoor signs when there was no District 2 commissioner. It also leaves existing permits
in place. Why does it do that? Because we want to avoid liability in the City. And were
we to take vested permits and deny them or change them, we would be accruing large
amounts of liability for the City of Miami. We are asking for no amendments to be
approved. Why? Up until now, these have served as enormous distractions to what
we're really trying to do here, and they're usually distractions put forward by special
interests. As far as the Arsht, the Arsht falls under RTZ (Rapid Transit Zone) zoning,
Miami -Dade County zoning. I spoke with Mayor Cava two days ago. She assured me
that she has spoken with the Arsht leadership. She informed them that RTZ zoning in
the county applies for the Arsht, and that she would be willing to explore pathways with
them. As far as the PAMM (Perez Art Museum Miami), the PAMM has a lease with the
City of Miami, where we are the lessor. We cannot treat them or give them or convey
special privileges to the PAMM. We are the lessor, and in our fiduciary capacity as
commissioners, we must preserve the rights of the lessor, so we cannot include the
PAMM. As far as anything else, there's not enough information and it hasn't been
vetted, and we can always come back to this ordinance at a later time and address
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those. So I'm going to take a brief moment as well. I'm going to ask the City Attorney
if he could speak to two aspects on this ordinance. One is the potential liability and the
other one are the amendments that 1've just referred to.
George Wysong (City Attorney): Okay, by potential liability, you're talking about if the
City of Miami were to adopt this ordinance as is --
Commissioner Pardo: Correct.
Mr. Wysong: -- would there be any potential liability? Our belief is that you have heard
over four, five, six or more occasions individuals come up and discuss the various legal
positions of the sides. And, however, it does not appear that just by adopting this
ordinance as is, there would be any significant liability or any liability. You know, we
have indicated that those properties that have already applied for permits are able to
undertake an estoppel argument that the project has already been, you know, permitted,
built, constructed, et cetera. And we 're comfortable with that. And we have -- I have
not heard any of the Commission members indicating that we are going to go after or
remove these signs. And I think it's important after listening to the public comment,
some folks thought that by adopting this ordinance, those signs were going to go away.
That's not the case. The signs will be there, but they will be there in a non -conforming
status, which means they can stay until they're essentially taken down or abandoned by
the sign companies. So, as far as liability, you know, full disclosure, could somebody
say, I'm not comfortable with that, the City has said that they're, you know, we're
estopped from enforcing it, could they file some sort of action? The only action 1 would
foresee is like a declaratory judgment action where they would try and ascertain their
rights. That would just be an opportunity for a court to determine whether there are
estoppel rights or not. We have said there already are estoppel rights, so it wouldn't be
much of a case. So on the liability aspect of it, you know, I can 't look into a crystal ball,
but it does not appear by adopting the ordinance in an as -is fashion that it would create
any exceptional liability situation.
Chair King: Thank you, Mr. City Attorney. Now, would you please read into --
Commissioner Pardo: I want -- I want to just --
Chair King: Oh, I'm sorry.
Commissioner Pardo: One more little bit.
Chair King: Go ahead.
Commissioner Pardo: I just wanted to say that the District 2 office has been dealing
with this for four months daily. We get the phone calls, we get the emails, we go to the
forums, we hear directly from, I would say, hundreds of people. And so, I just want you
to understand that we've tried our best to really gauge what's in our district. We put
out an Instagram poll, we put out a text poll, we geofenced the boundary. 80 percent
plus do not want these signs. You know, I feel like the public has been very, very clear
and I'm going to ask my colleagues to please support me on this item as the District 2
commissioner with this compromise ordinance.
Chair King: So I want to do that. And I listened to everyone that came up and spoke
throughout this whole process, the folks that came and spoke in favor and the folks that
came and spoke against. I have an amendment that I believe is also a compromise
because, as the City Attorney just said, the signs aren't coming down. We can't take the
signs away. But I heard them about the light, about -- about how big the signs are, the
number of signs. So I would like the City Attorney to read into the record the
compromise that I am proposing so my colleagues could at least hear it and so the
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community can hear it as well because the sign won't he on with my compromise 24
hours a day. There is a time that the sign will come on and there's a time that the sign
will go off. It won 't be 24 hours a day, but so that the attorney -- Mr. City Attorney, can
you read my compromise for the record --
Mr. Wysong: Yes, Madam -- yes, Madam Chair.
Chair King: -- to be considered?
Mr. Wysong: So this would be based on the item on the agenda, the following shall be
added to Subsection A. And there might be some tweaking of the formatting, but (6),
digital freestandingsigns is defined in subsection 2-779(a)(6)(i), located at the Olympia
Theater and Building, Gusman Center for the Performing Arts, 174 East Flagler Street,
Perez Art Museum, PAMM, 1103 Biscayne Boulevard, and the Adrienne Arsht Center
for the Performing Arts in Miami -Dade County, Adrienne Arsht Center, 1300 Biscayne
Boulevard, Miami, digital freestanding signs sites, parentheses, shall be allowed to
move forward with permitting, construction and operation in accordance with the
regulations found in Ordinance 14140, including repair, maintenance or
reconstruction of the digital freestanding signs, irrespective of any contrary provision
contained in Ordinance 15416. Notwithstanding the foregoing, such signs may not be
exempt from Section 2-779(a)(6) and Section 2-779(h) of Ordinance 15416 and must
comply with the following: (1) only one sign structure with two sign faces will be
allowable at the Adrienne Arsht Center, (2) the digital freestanding signs pursuant to
Section 2-779(a)(6) are entitled to be erected in accordance with Ordinance 14140,
notwithstanding any contrary provisions in Miami 21, the City's zoning ordinance
where applicable. The digital freestanding signs cannot exceed 1,800 square feet per
sign face with no more than two sign faces per digital freestanding sign, and with the
height measured from the top of the sign face not exceeding 100 feet above grade. Four
-- I'm sorry, (3) if Miami -Dade County retains jurisdiction to process the permits for
the digital freestanding signs at the Adrienne Arsht Center due to its RTZ zoning
designation, the County shall review such sign under Ordinance 14140. As provided in
Section 33-82(c) of the Miami -Dade County Code of Ordinances, the City is opted out
of the County's signed ordinance for all signs located within the City's urban core.
Then the following shall be added to subsection F4 -- parentheses 4. The City may
rescind a sign permit issued pursuant to Section 2-779 for a violation of the sign permit
upon providing the permit holder notice of the violation and allowing the permit holder
a reasonable period of time to cure said violation. Subsection H shall also be added.
H, restriction on signs: (1) hours of operation. Sign faces may operate only during the
hours of 6 a.m. to 11 p.m. Notwithstanding the foregoing, if an event is taking place
downtown, sign faces may operate only during the hours of 6 a.m. to 12 a.m. When sign
faces are not in operation, the screen shall be black, but an unobtrusive logo listing the
name of the venue located at the site can be present, (2) modulation and ambient
lighting. Frain sunset to sunrise, signs shall be modulated so that the brightness does
not exceed 500 NITS, (2) the time of sunset to sunrise shall be established by the Miami
Office of the National Weather Service, (3) the sign must have ambient light monitors
to automatically adjust the brightness level of the sign based upon the ambient lighting
conditions. (4) the maximum increase to ambient lighting shall be less than 0.3 foot
candles at 250 feet from the sign. Then (3) adult content prohibited. Adult content,
including adult entertainment as those terms are defined in Ordinance Number 13114,
the zoning ordinance of the City of Miami as amended, Miami 21, or any successor
zoning ordinance is prohibited from being displayed on signs in any manner, including
messages and/or images. That is the extent of the changes.
Chair King: So the compromise here is that one sign goes away, the sign is not on 24
hours a day, there are allowances to monitor the brightness of the sign, and that 's what
I heard. We don't want to be Central Park. We don't want these lights shining into our
homes all day long. The sign will be smaller, gives Miami -Dade County -- still retains
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authority over these signs. There's a rescission clause if they 're in violation, but we
give them notice and an opportunity to cure, which is done in many. contracts. You have
to have notice that you're in violation and you have an opportunity to cure. They even
have the weather service. We even have the weather service because, like the City
Attorney said, we can't take away the signs that are already there. And this is
addressing the issues that 1 heard from the community. So my colleagues can chime in
on the amendment, which I believe is a compromise to what we have. Commissioner
Pardo?
Commissioner Pardo: Well, 1 don't see this as a compromise amendment. I see this as
a stamp of approval amendment on something that should not receive a stamp of
approval, meaning the Adrienne Arsht Center does not fall under our jurisdiction. I
mean, that would be like the City of Sweetwater or Coral Gables weighing in on
something that belongs to the code of the City of Miami or anyone else. So I don't think
we should be addressing the Adrienne Arsht at all. PAMM has a lease with the City of
Miami. This would completely muddy those waters in terms of the lessor and the lessee
relationship. We would be weighing in in a way that could affect that lease. So I would
-- and that's one of the main reasons that we have been arguing to stay away from these
amendments because they muddy the waters to what is otherwise a very clean piece of
legislation that does away with these boards. And if there's in the future any specific
properties or any specific signs that want to come back for an ordinance, we could
entertain those. But we've been deferring this, which is a clean piece of legislation that
we voted in on first reading, and 1 think we should not defer this any longer. There is
an agreement on these amendments, and we should go ahead and pass what we have
as a good, clean ordinance that stops these signs.
Chair King: Well, do you want to say something?
Vice Chair Carollo: (INAUDIBLE).
Chair King: Oh, I'm -- go ahead.
Vice Chair Carollo: I think that what the Chair has presented is a very reasonable,
thought-out compromise that, if I'm understanding, it's actually going to make it better
for the residents. To compare this to a stamp of approval, and Sweetwater or Coral
Gables trying to dictate in our property what we should do, I don't think those are
apples to apples, oranges to oranges comparisons. The Adrienne Arsht Center is in the
City of Miami. It's not in a foreign land. So regardless of all these concepts that the
County has come up with to see how they can control zoning in our most valuable pieces
of properties along the bay, we do have a say-so. But having said that, we're not giving
the good housekeeping sign of approval to anything here. What I'm hearing is
something that is going to give more protection to residents in the area. It's going to
curtail the hours. It's going to make them have to not have it as bright, et cetera. So I -
- you know, I don't see what's wrong with it.
Commissioner Reyes: Madam Chair?
Chair King: Commissioner Reyes.
Commissioner Reyes: I want to make my position clear. See, I don 't have anything
against the PAMM. I don 't have anything against the Arsht Center. As a matter of fact,
Ilike them a lot. And I said it at the beginning when the first -- this first ordinance came
up. I was totally. opposed. I was totally opposed because it is not the problem of signs.
It's the size, you see? It went, I don't know how, personally, I don't know how those
institutions jell and worked -- I mean, fell for it, and agreed to build those enormous
signs and that I even asked and I never got an analysis of illumination analysis, how
it's going to be affect everybody. And I never got it. And I can -- I am very consistent. I
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voted against that type of sign and against the ordinance and 1 voted to repeal it and
I'm going to vote again to repeal it. That has been my position. I'm very consistent and
my argument, it is not -- because 1 heard people come in here, support the PAMM,
support Arsht. Yes, I support you guys, but in this case, you see, there are a lot of
questions about it, and the signs are totally out of size. I mean, they are too big, and it's
hurting the community also, you see. So I just want you to know, Madam Chair, I really
appreciate it. It is very commendable that you come and you try to reach an agreement,
but in my opinion, you know how I felt about this since the beginning. And I'm going to
keep on, I mean, I still feel about it. I said it, I don't want -- I don't want signs, I mean,
any LED (Light Emitting Diode) signs along Biscayne Boulevard. And I don't want --
a park is a park, and it's not -- they don't need -- I mean, you go to New York, you don't
find any signs in any of the parks of New York, you see. And 1 said it from day one, I
don't want downtown to become another Times Square, you see.
Chair King: Well, we have addressed that by passing the moratorium, so we're not
going to have any more signs.
Commissioner Reyes: No, no but I'm not going to vote to keep this.
Chair King: Okay.
Commissioner Reyes: I mean, I'm going to vote against it.
Chair King: Okay. So, well, I have -- the City Attorney read my compromise. Do I have
a motion to accept my compromise?
Vice Chair Carollo: Motion.
Commissioner Gabela: Can I --?
Chair King: Commissioner Gabela?
Commissioner Gabela: Can I weigh in with your --?
Chair King: Please.
Commissioner Gabela: So, from my standpoint, I'm listening to the situation and you
know sometimes we have to make decisions here, there's going to be, well always,
winners and losers, right? And I hear --1 know it's your district, and I like to respect
other people's districts, so my district, when a turn comes for me, you know, I think that
I would be doing the correct thing for my district, and I know that 's what you're doing
with yours, I know that wholeheartedly. What bothers me about this whole thing, that
this thing started a couple of months back, really almost a year, you know. And I'm
going to ask a question, because I thought of this, you know, the way this thing got
started, you know, I'd like to ask the Arsht -- and I'm pretty sure that when the Arsht
was going to apply for this permit with the City, I believe that the Arsht, I mean, I've
rented commercial properties, you know, and if I'm going to make a major change in
my shop, I have to notify the landlord if I don't own the property. And I imagine that
the Arsht sent the letter at some point to the County, being their, you know, the lessor,
and the Arsht being the lessee, that this was going to be done. You know, and correct
me ifI'm wrong, because now I hear about the County letter, but at that time the County
never said, oh, wait a minute, you guys can't do that because we're -- you know, am I
correct in saying this? I'm asking you people from the Arsht. Can somebody enlighten
me on --? And if you give me a minute, I'll tell you where I'm going and I'll finish it.
James Torres: Are you going to open the item if she's talking? I'm just wondering.
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Commissioner Gabela: I'm asking them -- I'm going to ask them.
Chair King: He asked a specific question. He asked a specific question.
Mr. Torres: (INAUDIBLE) because I mean --
Chair King: Don't -- don't --
Mr. Torres: (INAUDIBLE).
Chair King: Wait, don't -- don't --
Commissioner Gabela: What's that?
Chair King: Don 't just scream out in the audience.
Mr. Torres: Okay.
Chair King: He asked a specific -- he asked a specific question. He is responding to his
question.
Commissioner Gabela: I didn't ask you the question because you don't -- you're not
with the Arsht Center. You might not be able to give me the answer.
Mr. Torres: But 1 am (INAUDIBLE).
Commissioner Gabela: But let me ask it and --
Chair King: Okay.
Commissioner Gabela: So --
Chair King: No more back and forth.
Mr. Torres: Okay.
Chair King: You had an opportunity to speak during public comment.
Commissioner Gabela: So the question is, at the time that you guys did the permit with
the City, was the County notified at that time, since the County is your landlord at the
end of the day, the Arsht, who you're representing, were they notified that you guys
were, you know, going to apply for this permit?
Jose Felix Diaz: The Arsht Center did communicate with the County at all times what
their intent was. And I think you've seen the zoning verification letter that I drafted
specifically asking the County what the forum and rules would be for the application.
So, yes, the County was contacted.
Commissioner Gabela: The County was contacted. And as jar as you know, did the
Arsht receive any letter that the County was objecting to this?
Mr. Diaz: To the best of my knowledge, no. The only thing we got was the zoning
verification letter, which was just amended this week.
Commissioner Gabela: And therein lies my problem, okay? That these people, okay, I
imagine, like he's saving, said to the County, hey, we're applying, you're our lessor,
you know, our landlord, we're doing this. The County never said anything up until now.
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You guys went ahead and did the application, the Arsht did, and we find ourselves in
this mess that we're in. Now my question is, if this was so important to the County at
the time, why at that time did the County not say to somebody, hey, stop what you're
doing, we're the landlords here, we don't want you to do this, and end it there. And so
this thing I think has gotten out of control. I thought we were going to make a
compromise. I thought that we were going to grandfather the PAMM, the Arsht, I
believe, I believe. And listen, on both sides of this, there 's lobbyists on both sides. I
understand this. I mean, I understand it. This gentleman right here, Manny Prieguez, I
want to disclose this, he helped me in my campaign, and he 's a lobbyist right now for
the Arsht. I like to be clear, you know, but this is a problem. I thought we were going to
make a compromise, we're going to grandfather the PAMM in because of what they do,
the Arsht because of the activities they have and the money that they 're going to
generate for kids and for other programs. Okay, and then we're going to stop it there.
After that, nobody can do it. Nobody can do it anymore. And then I understand further
that the amendment, your amendment, is -- this is what I've been told in English, the
amendment is really because if we only do the first portion that Commissioner Pardo
is doing, then the signs are going to be there. They keep the signs. However, if there is
a repair needed in the future because of a hurricane or anything, then that 's where it
stops with what you're doing. With your amendment, I believe they 're allowed to repair.
That's what 1 was told in the briefing yesterday.
Chair King: So, and let me say again, my compromise, because what I understand is
the signs have been approved. So one -- we get one less sign because I heard we didn't
want a bunch of signs because the signs have already been approved. They've already
been either permitted or are in the permitting process, and our moratorium doesn 't look
backward. It doesn't look backward. What 1 heard was, I don 't want this bright light
shining in my house 24 hours a day. So the operators have agreed to turn it off, to lower
the wattage, to not have -- to have content, not all kinds of advertisement. It's going to
advertise events that are happening in both venues in addition to content -related
advertisement, not gentlemen club advertisement and that kind of thing. Make it a little
smaller for the Arsht. For me, the compromise is what I heard the community saying,
because we cannot take away -- we can 't take away the signs. City Attorney? I'm asking.
Mr. Wysong: Sony, I was distracted. Could you ask the question again?
Chair King: We cannot take away the signs. They already have the authority to have
these signs.
Mr. Wysong:• Right.
Chair King: And in not being able to take away the sign, the compromise is, it 's not the
best of all worlds, but the compromise is at least you don't have the sign going all day,
all night. At least there's some consideration to how bright the sign will be, et cetera,
et cetera, et cetera. So if I could have a motion and a second to --
Commissioner Pardo: Can I clarify on this?
Chair King: Hold -- the attorney put his hands -- and all I'm trying to do is -- it doesn't
make any sense for me or us to continue on this path if I don 't have even the appetite
from this Commission to consider the compromise that I've proposed. And that's why
I've been asking for a motion and a second.
Commissioner Pardo: Right.
Chair King: So I have a motion. Can I have a second?
Commissioner Gabela: I'll make the second, but I'd like to hear what he has to say.
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Chair King: Well, absolutely. Well still have for discussion. I think the City Attorney
wanted to say something and then Commissioner Pardo.
Mr. Wysong: Number one, I wanted to say that, yes, you were right about the City could,
of course, ordered the signs taken down, but it would not be without consequence. The
second thing I wanted to say is, and it's appropriate that I waited until there was a
second and a -- on your changes. We think that the changes may be substantial and
consequently since this is on a second reading of the ordinance, if you all do wish to
accept these modifications, it would have to come back for second reading again
because the title of this ordinance as drafted talks about removing the signs and now
we will be changing the ordinance to be permitting signs and adding additional
regulations and I'm just trying to make this ordinance bulletproof And so if there is a
feeling for amending it, it would be best if we clean it up, bring it back to you for a
second, second reading. We can do that.
Chair King: So, that depends on my colleagues. I have a motion and a second and
Commissioner Pardo wanted to weigh in again.
Commissioner Pardo: Well, there's a reason that the Arsht didn't make any comments
here today. It's the wrong body. We have no jurisdiction to negotiate with the Arsht. As
far as the PAMM goes, I'd like to ask the City Manager if we received an approval for
the PAMM erecting the sign.
Arthur Noriega (City Manager): You mean was there a consent signed? We can't find
any consent.
Commissioner Pardo: So we cannot find any consent signed by us that allows the
PAMM to erect a sign.
Mr. Noriega: Yeah, there's no -- we can't find any documentation that there was an
executed consent.
Commissioner Pardo: Okay. So in that sense, we are creating a special situation under
a lease where we are the lessor and we may have some rights and we're essentially
compromising those rights, diminishing those rights for ourselves. So -- and the last
thing I wanted to say is about the hurricane. These things are built to code. They 're
built to withstand winds of 175 miles per hour. Secondly, they're allowed to rebuild the
sign. That's not it. It's a non -compliant sign and it has to comply with use only. As you
can tell, we have been living with this since January. We have read and reread and
studied and restudied. And that's why I'm asking my colleagues to trust us that we have
done the hard work, but more importantly, that we're representing our residents
correctly and we need to draw this line right now. I mean that's what I what 1 would be
asking you for the same way if it were in your district and you were found in this
position. I'm just asking you to let's get this done. Let's move on.
Chair King: Let me address what the City Manager said. You said you can 't find what?
Mr. Noriega: So the question arose as to whether there was ever a consent. There was
an actual document drafted, supposedly. I haven't seen it.
Mr. Wysong: We have that language. Well, we have the language of the lease
agreement.
Mr. Noriega: Yeah, so there was a document supposedly drafted, but it was never
executed.
Chair King: But isn't the action that the Commission took a consent? No?
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Jihan Soliman: Chair, f1 may?
Chair King: Please.
Ms. Soliman: Hi, Gigi Solomon, City Attorney 's Office. So, arguably no, because there
are different proprietary rights versus regulatory rights. And pursuant to the lease, and
I'm just going to read the language directly from the lease, which is Section 16.1,
assignment and subletting of leased premises, this is regarding PAMM, except as
specifically provided in article -- a certain article Section 16.2 below, the museum shall
not at any time during the term of this lease transfer, assign, or sublet this lease, the
term or estate hereby granted, or any interest here under, nor enter into any license or
concession agreements with respect thereto, nor permit any third party or parties other
than the museum, its authorized agents, employees, invitees, and visitors to occupy the
leased premise or any portion thereof without first procuring the written consent of the
City. Which consent may be granted, conditioned, or withheld in the sole discretion of
the City. I will continue to finish the whole provision. Any such transfer without the
City 's prior written consent shall be void and of no force of effect, shall not confer any
interest or estate and a purported transferee. And furthermore, it says, such a lease
without consent shall constitute a default under this lease and shall permit the City at
its election to terminate this lease for purposes of the section and change in the status
of the museum so that it shall cease to be a non-profit, shall constitute an unauthorized
transfer. So the issue here is, it was the City Attorney's Office had received a proposed
written consent for the PAMM. We reviewed it. We did make some revisions and sent it
to the City Manager because it is the City Manager that was supposed to provide written
approval. And it was then confirmed from his office that no written approval executed
went out. So that is the issue here. The City does have two different hats it's wearing.
One is regulatory and the other is proprietary. And so it could be, perhaps, as the
Commissioner states, that if one action may actually be estopped the City for another,
but at this time, we don't know if that is the case once we further fact find. But there
appears perhaps to be a breach.
Chair King: Okay, so we don't know. There's a big question mark here. So in light of
that, again, I have the compromise. I have the compromise and it's the will of this body.
If you want to accept the compromise proposed or if you want to move forward, we had
a motion and a second to accept my compromise. All in favor?
Todd B. Hannon (City Clerk): Chair, the title.
Chair King: Oh, I am sorry. It's a second reading item and the title needs to be read
into the record.
The Ordinance was read by title into the public record by the City Attorney.
Chair King: So I had a motion and a second for my compromise. All in favor?
The Commission (Collectively): Aye.
Chair King: All against?
Commissioner Pardo: No.
Chair King: So, motion carries 3-2.
Mr. Hannon: 3-2, with Commissioner Reyes and Commissioner Pardo voting no, as
amended.
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Chair King: As amended.
[Later...]
Commissioner Pardo: Madam Chair, just for the record, I wanted to add that I will not
be at the May 9th meeting. I think all the offices have been informed. But I -- oh, okay,
well, I want to make sure that that's on the record. When will SR.1 come back?
Vice Chair Carollo: We can make it in the next meeting when you're here.
Commissioner Pardo: Okay.
Chair King: Right.
Commissioner Pardo: Okay, just --
Chair King: And anything -- and any item that you want to be deferred, we do that as
a courtesy because you won't be here.
Todd B. Hannon (City Clerk): So for noticing purposes, May 23rd will be the earliest
to bring back SR.1.
Commissioner Pardo: Okay.
Chair King: So you'll be here.
Commissioner Pardo: Thank you very much.
Chair King: Okay.
SR.2 ORDINANCE Second Reading
15887
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 10/ARTICLE VI/SECTION 10-101 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"BUILDINGS/UNSAFE STRUCTURES/UNSAFE STRUCTURES
AND UNSAFE STRUCTURES PANEL," SPECIFICALLY BY
AMENDING SECTION 10-101(L), TITLED "UNSAFE STRUCTURE
PANELS. UNSAFE STRUCTURES PANELS ARE HEREBY
CREATED TO CONDUCT HEARINGS AS PROVIDED FOR UNDER
THIS SECTION," TO AMEND QUALIFICATIONS FOR MEMBERS
OF THE UNSAFE STRUCTURE PANEL; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
ENACTMENT NUMBER: 14278
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Chair King: Mr. City Attorney, would you please read SR.2, the title for the record?
George Wysong (City Attorney): Yes, Madam Chair. SR.2.
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The Ordinance was read by title into the public record by the City Attorney.
Chair King: Do I have a motion?
Commissioner Reyes: Move it.
Chair King: Do I have a second?
Vice Chair Carollo: Second. Second.
Chair King: I have a motion and a second for SR.2. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
END OF SECOND READING ORDINANCES
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FR - FIRST READING ORDINANCES
FR.1 ORDINANCE First Reading
15645
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 62/ARTICLE I OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PLANNING AND
ZONING/IN GENERAL," SPECIFICALLY BY ADDING SECTION 62-
2.3 OF THE CITY CODE, TITLED "ZONING IN PROGRESS;
APPLICABILITY; TEMPORARY HOLDS ON PERMITS AND
LICENSES" TO ADOPT A ZONING IN PROGRESS PROVISION;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: Item FR.1 was continued to the May 23, 2024, City Commission
Meeting.
FR.2 ORDINANCE First Reading
15910
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE IV/DIVISION 2/SECTION 2-208 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED"
ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING, AND
ZONING DEPARTMENT/NEW PERMITS PROHIBITED, NON -
HOMESTEAD PROPERTIES," TO PROVIDE THE ALLOWANCE
FOR ISSUANCE OF CERTIFICATES OF USE FOR BUSINESSES
UNLESS THERE IS A VIOLATION BY THE BUILDING
DEPARTMENT; FURTHER AMENDING SECTION 2-211 TITLED,
"DENIAL OR REVOCATION OF CERTIFICATE OF USE," BY
LIMITING RESTRICTIONS FOR DENIAL OR REVOCATION OF A
CERTIFICATES OF USE; CONTAINING A SEVERABILITY CLAUSE
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
MOTION TO: Pass on First Reading with Modification(s)
RESULT: PASSED ON FIRST READING WITH MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Chair King: Mr. City Attorney, would you please read into the record the titles for first
reading ordinances?
George Wysong (City Attorne)): That will be FR.2 and FR.3. FR.2 --
Chair King: Correct, FR.1 has been deferred.
Mr. Wysong: Yes, ma'am. FR.2.
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The Ordinance was read by title into the public record by the City Attorney.
Mr. Wysong: FR.3.
The Ordinance was read by title into the public record by the City Attorney.
Commissioner Reyes: Move it.
Chair King: I have a motion. Do I have a second?
Vice Chair Carollo: Second. Second.
Chair King: 1 have a motion --
Vice Chair Carollo: Discussion?
Chair King: -- for discussion. Commissioner?
Vice Chair Carollo: In FR.2, Mr. City Attorney?
Mr. Wysong: Yes, sir.
Vice Chair Carollo: Can you explain this to me clearer so that I can understand it
better?
Mr. Wysong: FR.2, you're asking?
Vice Chair Carollo: Yes, please.
Mr. Wysong: Yes, sir. I'm sorry. And there was a substitution distributed?
Vice Chair Carollo: I haven't seen that.
Mr. Wysong: Do we have the substitution?
Vice Chair Carollo: So, I don't believe the substitution was read or was it?
Commissioner Gabela: Can I through the Chair?
Vice Chair Carollo: Yeah.
Commissioner Gabela: Are you --?
Vice Chair Carollo: Go ahead. That's fine.
Chair King: Go ahead.
Vice Chair Carollo: Go ahead while he's getting his stuff together, yeah.
Commissioner Gabela: Yeah, I was just going to give you a little rundown.
Vice Chair Carollo: Yeah.
Commissioner Gabela: I'm the one that's presenting the thing. And my thought was,
we've been having problems of people coming, constituents corning to my office. And
these regulations that we have caused a lot of stuff, you know, that wreaked havoc,
really. We got together with Building and other departments to see how we can pick the
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lesser of the two evils, shall we say, because there was a lot of stuff going on with
demolition and stuff for stuff that really shouldn't have been that. And it's merely
changing the wording and give more leeway, but with guidelines, with guardrails. On
the -- for example, instead of permits shall, permits may not be issued for a number --
we're changing the wording to give the in cases where the properties are going to be
demolished to give the authorities more leeway in making sure that we go through all
the avenues before we actually demolish a building.
Mr. Wysong: All right. Ready? So let me sort of walk you through it, Commissioner --
Vice Chair Carollo: Okay.
Mr. Wysong: -- Vice Chair.
Vice Chair Carollo: Thank you, Commissioner.
Mr. Wysong: Alright, so there's two changes. One is to 2-208. That's the new permits
prohibited. Previously, it said, `permits shall not be issued by a non -homestead
property with any outstanding code enforcement violations, building department
violations, or any relevant City lien or invoice due and owing to the City." That's being
changed to read, permit may not be issued for a non -homestead property with any" -
- they're striking out "code enforcement violations, " leaving "building department
violations," and then striking out the "or any relevant City lien or invoice due and
owing to the City, " adding --
Vice Chair Carollo: Okay, hold on. So you're striking out code enforcement violations?
Mr. Wysong: Yes, sir.
Vice Chair Carollo: I mean, that's going to be -- is that going to be left or taken out?
Mr. Wysong: Code enforcement's going to be taken out, building department violations
-- so this will only apply to building department violations so --
Vice Chair Carollo: Okay, so this new ordinance, code enforcement violations will
stay?
Mr. Wysong: Yes.
Vice Chair Carollo: The other violations will remain?
Mr. Wysong: Right.
Vice Chair Carollo: So it's only for building violations?
Mr. Wysong: Building violations.
Vice Chair Carollo: Okay.
Mr. Wysong: Now the language of "or any relevance City lien or invoice due and owing
to the City" is being moved from 2-208 down to the certificate of use. So that section
previously said "the zoning administrator shall deny the issuance or renewal of a CU
(Certificate of Use) for good cause when there are any" -- `for good cause. " Now it'll
say, "shall deny the issuance or renewal of a certificate of use when there are any
outstanding City liens or invoices due and owing. "So we'll cap -- the City will capture
them at the time of CU if they owe money.
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Vice Chair Carollo: Okay, now, let's see if we can find an area that accomplished what
you stated you want to accomplish, Commissioner Gabela.
Commissioner Gabela: Yes, sir.
Vice Chair Carollo: Can we include language in here that will separate the normal
person that you're concerned about from habitual offenders?
Commissioner Gabela: That's fine with me. Whatl'm trying to accomplish is --
Vice Chair Carollo: I think 1 understood.
Commissioner Gabela: Yeah, so in other words, we try to enforce these things, but also
we create the problem where people don't want to come in because they're scared of
us, right? Because they're going to get into -- from one trouble it's going to go to
another. So then there 's no compliance, really, because people are not coming in and
we've got -- so that's what we're trying to --
Vice Chair Carollo: Your point is well taken. What my concern is, and I think it's a
major concern before when this change was made originally, that you don 't have like
the people that we heard from in the parking, that we -- we're very kind to them and
only charge them the 300, 000, that you don't have people like that that take advantage
of the system that might be connected, and are habitual offenders, that we 're leaving
them a way out. 1 think that if you -- if we could put a clause in here, and Mr. City
Attorney, help us on this, that we'll say that unless you're a habitual offender. And I
also would like to hear from our zoning director on some of this and our --
Commissioner Gabela: By the way, Commissioner Carollo, this was done in
consultation with our building departments and we worked on the language and we,
you know --
Vice Chair Carollo: I appreciate it. I just want to get their statements on the record for
transparency's sake so it's there for the future, what they said. But how can we snake
an amendment in this that we accomplish what Commissioner Gabela is stating, but at
the same time, we do not let habitual offenders sneak through.
Mr. Wysong: So first thing, and I assume you 're talking about habitual code
enforcement violators, right?
Vice Chair Carollo: Code or building --
Mr. Wysong: Right.
Vice Chair Carollo: -- which, you know, I guess goes hands in hands.
Mr. Wysong: Yeah, so the building violations would be caught up, but so for code, we
would just have to change it to say with any outstanding code violations and then
quantify that as far as like or has been deemed a habitual offender or something to that
effect.
Vice Chair Carollo: Well, I guess in code, you're leaving it as before. It's not being
changed. So that guarantee is still there, correct?
Mr. Wysong: Well, let me just be clear. So this ordinance strikes out code enforcement
violations. So when somebody comes to the building department to apply for a permit,
if they have any outstanding code violations now, they will not be able to pull the permit.
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After the effective date of this ordinance, they will be able to pull a permit. What they
won't be able to pull a permit for is if they have an outstanding building violation.
Vice Chair Carollo: Okay, well, what I'd like is on both code and building that we put
that guarantee that if you're a habitual offender, and that doesn 't mean that as we
know, a habitual offender, that X company has only got this property, and then you 've
got 10 companies owned by the same individuals that have different names. It has to do
with the ownership if it's the same type of ownership. That's the habitual offender. So
if we could get some language on both of those, that would give us that guarantee on
habitual offenders.
Mr. Wysong: We could do that.
Commissioner Gabela: Yeah, Commissioner Carollo, what I was trying to -- Frank was
reminding me, because we had these extensive conversations with the building and
others, is that what we 're truing to do is we're trying for people to come in voluntarily
so the unsafe conditions are not created because the problem is people are not coming
in and we have to go after them because of our draconian sometimes -- you get the
picture.
Vice Chair Carollo: I understand what you're saying.
Commissioner Gabela: And 1 understand what you're saying with the serial, you know
Vice Chair Carollo: Yeah.
Commissioner Gabela: I understand that.
Vice Chair Carollo: And I'm going forward with you in that. The only separation that
I'm making -- look for the average person that, you know, they made a mistake one time
they got to resolve it. I'm going along with you. What I'm asking to be added is the
amendment on code violations and building violations. If these are habitual violators
that have been playing the system, that, you know, they do not pass go, they do not
collect $200, that we stop those people. And I think this will resolve the problem for 98
percent --
Commissioner Reyes: Madam Chair?
Vice Chair Carollo: -- of the individuals.
Commissioner Gabela: Can I hear --? Excuse me.
Commissioner Reyes: Madam Chair? Could you -- hold on a second.
Chair King: Commissioner Reyes.
Commissioner Reyes: I do understand what you want to say, Commissioner Carollo.
But how can we identify the habitual --
Commissioner Gabela: That's where I'm going.
Commissioner Reyes: -- habitual offender? And the only way that we can do that, it is,
in my opinion, place an amendment that individuals that they have more than one
property in violation, then they require a different treatment, right? Because how can
we identify the habitual offenders'? I could do it in one building, and then when I cure
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that, 1 buy another building, and 1 don't do anything until I'm caught, you see? How
can we --?
Vice Chair Carollo: Very simple. All they've got to do is run the names of the registered
agent and/or the managing partners in the LLCs (Limited Liability Companies) or
company through Sunbiz and they will see what other properties they've owned and the
City could see if those properties have had those problems. It 's fairly easy.
Commissioner Reyes: That's what I'm saying. You check if that individual, whoever
conies in, has another property, you see, that also has a --
Commissioner Gabela: Yeah, but we would verify with the Sunbiz. 1 mean, look, if
you've got an LLC or a corporation -- I have an LLC, a corporation, so, you know, the
point is, now you can't do it in Delaware. In Delaware, you've got to pay money, and
that's why people go to Delaware, because they really find out it 's going to cost you
money to find out who that individual is behind whatever. But here in Florida, you can
find out. But you know what? I mean, who invented -- you know, like the saying goes,
who invented, you know, the law invented the way out. It ain 't going to be perfect. I'm
just truing to find the lesser of the two evils, because I've had constituents in my office
that they were about to be demolished for something what I call stupid, okay? And at
the end of the day, we were able to save those, and you can talk to Ace about this, you
know, that it happened. I've had two individuals already because of this problem that
we're having with the wording.
Commissioner Reyes: Yes.
Commissioner Gabela: That's what I'm trying to accomplish. I'm not saying --
Commissioner Reyes: I agree with you.
Vice Chair Carollo: But I think by this --
Commissioner Reyes: I agree with you.
Vice Chair Carollo: -- we will protect 98, if not 99 percent of the people that you are
truing to protect, and it won't apply to 98, 99 percent of those people. It 's just that one
percent, or a little more than one percent, that has been taking advantage of the system.
We have different ways of looking at that. If I, Chair, through the Manager, ask the
Assistant Manager, and former Building Director, if he could let us know how we've
done this in Building in the past with habitual offenders.
Ace Marrero (Assistant City Manager): Commissioner, good afternoon.
Chair King: Good afternoon.
Mr. Marrero: I just wanted to point out that if we -- you know, Sunbiz does not link
today with any of our permitting systems. So this -- you know, if we're going to check
Pr every company with the sheer volume of permits that we issue on an annual basis,
which is close to 30,000 permits, I mean, that would be a very labor-intensive -- but we
can definitely, -- everybody that has a current violation with the unsafe structures, we
can definitely track those.
Commissioner Reyes: Yeah.
Mr. Marrero: If the name doesn't change, right, that particular entity, we can very
easily keep track of that entity and make sure that that entity is, if it is a repeat offender,
is kept in check going forward What other sister agencies or companies that particular
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entity may have is very difficult to track because that would he a manual process. But
the entity itself that committed a repeat offender, we can definitely track that one going
forward if it's limited just to that particular entity and ensure that a repeat offender can
be applied.
Vice Chair Carollo: But in that entity, you have names. Registered agent, you have
individuals. You can do the same thing through your system that you have by putting
those names and seeing what other companies come up.
Mr. Marrero: We can, but that would be --
Vice Chair Carollo: Internally.
Mr. Marrero: -- that would be a manual -- 1 just wanted to make sure that we
understand that that would be a manual process and we have approximately, you know,
in the neighborhood of 6 to 7,000 violations in the Unsafe Structures Department right
now. So that will be making that consistent check every time we get to that level. So that
at least we know what the expectations are.
Commissioner Gabela: We can 't sacrifice 90 percent of the people for 10 percent that's
doing the, you know --
Vice Chair Carollo: Well, it's not even --
Commissioner Gabela: And 1 understand, I understand what you're saying.
Vice Chair Carollo: It's not even 10 percent.
Commissioner Gabela: Whatever the number is. Whatever the number is, is what I'm
trying to say here.
Vice Chair Carollo: But my question is, what process have we been following with
habitual offenders now in the City?
Mr. Marrero: In Building, we don't have right now that repeat offender ordinance. That
would be only in Code. So, you know, that's not in Building today.
Chair King: I think -- I think we can -- for me, this is a start to helping correct a situation
and we can continue to look at it and add when staff has figured out --
Commissioner Reyes: Second reading.
Chair King: -- how to do that. But at least this gives some relief and provides a path
forward.
Mr. Marrero: So we could definitely contemplate for the entity that is being -- that is in
violation and that entity becomes a repeat offender, we can definitely apply it to that
entity going forward. I just want to, you know, in that particular instance,
Commissioner, and as perhaps our permitting systems in the future could integrate
better with iBUILD, you know, that could be something that we can definitely
contemplate. But in the interim, I think, at least those entities that have, you know, that
are repeat offenders, without going into the level of research of what other --
Commissioner Reyes: Could you --? Through the Chair.
Chair King: Commissioner Reyes.
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Commissioner Reyes: Through the Chair. Could you between first reading and second
reading, just come up with some sort of --?
Mr. Marrero: We can definitely -- we can definitely --
Commissioner Reyes: Okay.
Mr. Marrero: -- advise on that level, absolutely.
Vice Chair Carollo: Let me -- let me see if we -- this would make sense. We go forward
in the amendment with what you're saying on the particular entity. That you could check
to see if they're a repeated offender or not.
Mr. Marrero: That we can do.
Vice Chair Carollo: And if they are a repeated offender, and if you find out at any point
that they are a repeated offender with any other entities that they own, we're not
ordering you then to look, but if you find out.
Chair King: Okay, so we're going -- I have a motion and a second for first reading.
Commissioner Gabela: Yes, motion.
Vice Chair Carollo: Did you understand what I said?
Commissioner Gabela: Yes, I know. I was --
Vice Chair Carollo: We're going to go with what he said.
Commissioner Gabela: Okay.
Vice Chair Carollo: On the one firm, let's say that it's X LLC that's applying, they
could check LLC by itself to see if they have been a repeated offender.
Commissioner Reyes: Okay.
Commissioner Gabela: So if you're an LLC, you're going to be the managing member
or you're going to be members. If you 're a corporation, you're going to be the
president, the vice president, the treasurer, blah, blah, blah. But here's the point. That's
fine. That's fine. So we do the first reading and then let him work for the second reading.
That's good.
Vice Chair Carollo: Yeah.
Commissioner Reyes: Okay.
Chair King: So I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
Chair King: As amended.
Todd B. Hannon (City Clerk): FR.2 as amended.
Chair King: FR.2 as amended.
Mr. Hannon: And FR3 as is.
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Chair King: And FR.3 as is.
Vice Chair Carollo: Okay.
Mr. Wysong: Could I just make a note on FR.3?
Chair King: Yes.
Mr. Wysong: That that is the, I believe the independent inspector general, which we
can't bring back until after the voters have decided.
Commissioner Reyes: No, 1 was going to -- thank you because 1 was going to offer that,
I'm going to askfbr that, that we don't bring the second reading until after the election
and people have decided if they want it or not.
Mr. Wysong: Right. Thank you, Commissioner.
Commissioner Reyes: Okay, thank you.
FR.3 ORDINANCE First Reading
15913
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE III OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED
"ADMINISTRATION/OFFICERS," BY CREATING NEW DIVISION
5/SECTION 2-160 TO CREATE THE OFFICE OF INSPECTOR
GENERAL; PROVIDING MINIMUM QUALIFICATIONS,
APPOINTMENT AND TERM OF OFFICE; PROVIDING THE
FUNCTIONS, AUTHORITY AND POWERS; PROVIDING FOR
ADMINISTRATIVE STAFF; PROVIDING A PROCEDURE FOR
FINALIZATION OF REPORTS AND RECOMMENDATIONS;
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: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number FR.3, please see Item
Number FR.2.
END OF FIRST READING ORDINANCES
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BU.1
15269
Office of
Management and
Budget
BU - BUDGET
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: PRESENTED
Chair King: Good afternoon, everyone. Welcome back to the City ofMiami Commission
meeting for April 25th, 2024. Our meeting is now in session. And at this time, we are
going to take up the budget items.
Marie Gouin (Director, Budget): Okay. Good afternoon, Madam Chair,
Commissioners. How are you all doing? Okay. Thank you. This item is we do a -- I do
a quarterly presentation of the projections for the year for the budget, and 1 also send
out a monthly projection every month.1 can go through all the details orI can go to the
summary.
Chair King: Advance to the summary.
Ms. Gouin: Okay. Okay, and this summary -- this is the summary of where we are
projecting the year to be through March of 2024. We projected that revenues will be a
billion eighty-eight, expenditures will be a billion sixty, which revenues will be
exceeding expenses by $28 million. The internal service funds, which include
Innovation Technology and the Risk Management, which is really inter fund
expenditures that goes into those funds because they are internal. For 3 million -- we're
talking about the surplus will be about 3 million. So the net of all funds, surplus, is
about 31 million, 31.1. And then the Building fund, which is part of the general fund, in
a separate category, that -- those dollars are for the reserves for the building fund, for
building activities function only, and that's statutory. It's about 11.2 million. So we net
end general fund projected surplus of 19.8 million. Part of the general fund also has $5
million of contingency reserve, which we're going into the hurricane season, we need
to put that aside, which reduces it to 14.8 million. And we still have some stuff that's
coming up, especially the labor contract. We haven't -- we're not done with Fire
contract yet. So we need to keep that into consideration. And there 's some stuff that
we'll be bringing in the -- in May, the second meeting in May, for some items that we
need to approve that probably going to take some of those dollars as well. So at this
point, that's where we are through March of 2024. Do I have any questions?
Chair King: Does anyone have any questions?
Commissioner Reyes: Nope.
Commissioner Pardo: No.
Chair King: Thank you for your presentation.
Ms. Gouin: Thank you.
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END OF BUDGET
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DI.1
14207
City Manager's
Office
DI - DISCUSSION ITEMS
DISCUSSION ITEM
A DISCUSSION ITEM TO REVIEW EDUCATIONAL USES
ORDINANCE PASSED ON JUNE 22, 2023.
rRESULT: DISCUSSED
Chair King: Discussion items. Are there any discussion items that my colleague would
like to defer today?
Vice Chair Carollo: How about this BU (Budget Update)? Okay, we did it already.
Chair King: We did BU.
Vice Chair Carollo: Yeah, yeah.
Commissioner Reyes: Yeah, we did.
Vice Chair Carollo: D1, no.
Chair King: Anybody? Okay.
Vice Chair Carollo: 2, 3. Hold on, let me just look at them. Okay, we're going to start
taking them one by one or --?
Chair King: DI. 1, Review Educational Uses Ordinance. Review Educational Uses
Ordinance.
Daniel Goldberg: Good afternoon, Madam Chair, members of the Commission. Daniel
Goldberg, Zoning Administrator. DI.1 is a discussion item related to an ordinance
adopted by this Commission in June of last year to permit educational uses to proceed
by right in the urban core without needing an exception or warrant. There was a
requirement that it come back to this Commission as a discussion item to give you a
status update at this time. At this time, there is one applicant we are aware of that has
availed themselves of this program and that is Key Point Academy at 1 501 Biscayne
Boulevard. They are currently in process. They haven 't completed it, but we are aware
of one applicant for this item, for this ordinance. This ordinance does sunset July 3rd
of this year, so if the Commission's will to continue it on a permanent basis, a directive
to that effect would be appreciated. And I'm available for any questions you may have.
Chair King: Does anyone have any questions?
Commissioner Gabela: I'm ready to make a motion. I heard the -- I was briefed, so I
know what it is.
Chair King: Do we require a motion?
Commissioner Reyes: No.
Chair King: No, it's just a discussion item. It doesn't require a motion.
Commissioner Gabela: Oh, okay.
Chair King: Okay, thank --
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Arthur Noriega (City Manager): Well, for purpose of clarity, it requires some direction.
So it doesn't require a reso, but it would be great for Dan to get some, you know,
direction in terms of whether we continue to bring this back as a permanent program,
continue it as a pilot. You can probably do that as well. But it really requires some
feedback. Like so we need to kind of know where to take this. Do we bring it back again?
Commissioner Gabela: I'd say pilot.
Commissioner Reyes: Direction.
George Wysong (City Attorney): Do we -- the only thing is the Code says we can only
have a two-year -- one-year --
Chair King: Pilot.
Mr. Wysong: -- extend one year.
Mr. Noriega: That's what I'm saving. We'd extend the pilot one more year --
Chair King: And it's only been in effect one year, right?
Mr. Noriega: Or --
Chair King: In July.
Mr. Noriega: -- or we bring it back as permanent legislation or we end it all together.
I mean, we could -- those are really the three options.
Chair King: What would be your recommendation? How do you feel like this -- has this
achieved the goals, the objective?
Mr. Goldberg: I would defer to my colleagues in Planning, but the reason that you have
requirements for entitlement for schools is that schools can have an impact on
neighborhoods. However, this is the urban core, your greatest mix of uses, your most
intense uses. I haven't heard any complaints, but again, we've only had one applicant.
Commissioner Reyes: Absolutely.
Mr. Goldberg:: And that one applicant hasn't completed the process. I think there's
definitely some -- it definitely would be beneficial to keep it if that's the Commission's
will.
Chair King: I believe so as well.
DI.2 DISCUSSION ITEM
15650
City Manager's
Office &
Department of
Procurement
A DISCUSSION ITEM REGARDING THE CHARTER REVIEW
PROCESS.
RESULT: DISCUSSED
Chair King: DI. 2, Charter Review Process.
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Commissioner Pardo: The Director of Procurement.
Chair King: Good afternoon.
Annie Perez: Good afternoon. Okay, good afternoon, Chairwoman, Commissioners,
Annie Perez, Director of Procurement. So we were tasked, I think it was back in
January, to do some market research about charter review kind of best practices and
what other agencies are doing. So we have done a comparison of six agencies and I
also added the City ofMiami as a comparison. So we'll start with the City ofMiami. It
was done -- the chart -- it was a charter review and reform committee. It was comprised
of 20 members and it was an advisory committee. It was called the Charter Review and
Reform Committee. So the final report was submitted June 8th, 2016. There were 17
recommendations. Five were sent to referendum. Of the five, actually three were passed
by the voters. This is a mistake, it was three. The second one we have is Miami -Dade
County. It was done in 2017. They have 15 committee members. They call it the Charter
Review Task Force. It was advisory and the final report was submitted February 28,
2018. There were eight final recommendations that were approved for amendment to
the charter, eight recommendations and five made it to the ballot. And, oh, also in both
the City ofMiami and Miami -Dade County, we did not -- they did not use a consultant.
So, Broward County -- so the interesting thing about Broward County is that they are
the only ones out of all the ones that we looked at that the type of committee is executive
and not advisory, which means that their -- their recommendations, the Charter Review
Commission's recommendations go straight to referendum. And they have 19 members,
11 amendments were submitted for voter approval on November 6, 2018. And there was
no consultant utilized.
Commissioner Pardo: Did all of them pass?
Ms. Perez: That we don't know because we tried to call Broward County multiple times
and we weren't able to get an answer. So --
Commissioner Pardo: Thank you.
Ms. Perez: No, no problem. So Orange County, it's -- their process started in 2023 and
it's still going on. They have 15 members, they have a Charter Review Commission,
they are advisory. Again, we don 't know how successful it was because the CRC
(Charter Review Commission) is still ongoing and they did not use a consultant.
Seminole County, similar to Orange County, is they started in 2023 and they're still
doing their charter review. There's a Charter Review Commission. There's 15
members. It is advisory and no consultant was utilized. City of Jacksonville, they did it
in 2020. There's 15 members. They have a Charter Review Commission. Again, they
were advisory. The final report was submitted May 29th of 2020. All measures were
recommended by the CRC, failed at City Council, or were changed via referendum and
no consultant was utilized. City of Fort Myers, again, they were 2023 to now, they're
still working on it. There's nine Charter Review Advisory Board members. They are
advisory. The board is ongoing. Recommendations are being sent to the City Council
for approval to place on the ballot. All changes to the charter must be done through the
referendum process and no consultant was utilized. And that is it.
Chair King: Thank you.
Commissioner Pardo: Thank you. We've been working closely also with the Mayor's
Office. And one of the things I asked a lot about is when we look at these structures,
let's look at the recommendations and how many actually were adopted. City ofMiami,
18 percent of what was recommended actually made it to be adopted. The last thing we
want to do is waste the time of people that are, you know, serving in these committees
in these capacities. So we will come back, maybe the 23rd, maybe later, with this.
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Chair King: Okay, alright, thank you.
Ms. Perez: Thank you.
DI.3 DISCUSSION ITEM
15582
Commissioners
and Mayor
A DISCUSSION ITEM REGARDING PAYMENTS OF LEGAL FEES
FOR DIAZ DE LA PORTILLA.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: Item DZ3 was continued to the May 23, 2024, City Commission
Meeting.
Chair King: DI.3.
Commissioner Gabela: That's -- sorry, I'm the one hosting that. I'm going to go ahead
and defer that to the next time.
Chair King: Okay. Do 1 have a --? May I have a motion to defer DI.3?
Commissioner Gabela: Motion to defer.
(COMMENTS MADE OFF THE RECORD)
Chair King.• To which meeting? Because Commissioner Gabela I mean,
Commissioner Pardo --
Commissioner Gabela: Next meeting.
Chair King: -- is not going to be here for the next meeting, which is May --
Commissioner Pardo: 9th.
Chair King.: -- 9th.
Commissioner Pardo: Yeah, the 9th.
Commissioner Gabela: Okay, so maybe the following.
Chair King: The second meeting in May.
Todd B. Hannon (City Clerk): May 23rd.
Chair King: I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
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DI.4
15684
Commissioners
and Mayor
DISCUSSION ITEM
A DISCUSSION ITEM REGARDING CAMPAIGN FINANCE REFORM
INITIATIVES.
RESULT: DISCUSSED
Chair King: Okay, DI.4.
Commissioner Pardo: DI 4 is campaign finance reform, and I thought the City Attorney
could help enlighten on the issue.
George Wysong (City Attorney): Right, and correct me if I'm wrong, Commissioner,
you're interested in adopting provisions similar to the Miami Beach Code, right?
Commissioner Pardo: Correct.
Mr. Wysong: The Miami Beach Code provides 2-487 of the Miami Beach Code,
prohibited campaign contributions by vendors. It's not all vendors per se, but it's no
vendor shall give a campaign contribution when they have a pending contract, standing
order, direct payment. So, no vendor -- active vendors can give campaign contributions.
The next section is contributions by lobbyists on procurement issues. No lobbyist on a
present or pending solicitation for goods, equipment or services may give campaign
contributions and a candidate may not accept such campaign contributions. 2-489 of
the Beach Code says prohibited campaign contributions by real estate developers, and
they have a definition for what a real estate developer is. Then 4- -- I'm sorry, 2-490 of
the Beach Code says prohibited campaign contributions by lobbyists on real estate
development issues. And so that relates to no lobbyist on a pending application for a
development agreement with the City or application for change of zoning map
designation shall solicit for or give a campaign contribution directly or indirectly to a
candidate. And then 2-491 is the final one of the Beach Code. No campaign consultant
shall lobby the City Commission for a period of 12 months following the swearing in of
any elected official for whom the campaign consultant provided campaign consulting
services within the past election cycle. Those are the categories covered by the Beach
Ordinance.
Commissioner Pardo: And there would be a fine of $500 for any violation. That 's pretty
much how it goes. So --
Commissioner Reyes: Question.
Commissioner Pardo: -- can we go back and -- I'm sorry.
Chair King: No, no, Commissioner Reyes had a question.
Commissioner Reyes: Yes. When you are saying a campaign contribution, you are
saying -- I mean, you're forbidding or you're asking for the contributions of the
campaign. How about PACs (Political Action Committees)? Because you can very well
circumvent that.
Commissioner Pardo: It doesn 't cover PACs and we know --
Commissioner Reyes: No, no, you know what I mean. You know what I'm heading to.
Commissioner Pardo: Right. I totally --
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Commissioner Reyes: Because, 1 mean, we are not doing anything if you cannot cover
PACs. It's just like --
Commissioner Pardo: Right.
Commissioner Reyes: -- it's just limiting campaign contribution to $500. I've been
there, done that before. I was in a committee before a long, long time ago about
campaign contributions. And if you limit it to $100, any contributor that want to give
you $1,000, find 10 people that is going to give you a hundred dollars. You see, that is
-- there is always a way to circumvent them. You see, unless you are -- the only way
that we can level the playing field is by restricting -- and 1 don 't know if it is legal, if' it
is constitutional, is restricting the expenditure. That's the only way. And how do you do
that? That's -- because otherwise, you see, it's a -- in my opinion, they have always
been circumvented. Always.
Vice Chair Carollo: Chair?
Chair King: You're recognized.
Vice Chair Carollo: City Attorney.
Mr. Wysong: Yes, sir.
Vice Chair Carollo: I think we're getting here with PACs into an area that the U.S.
Supreme Court --
Commissioner Reyes: Yes.
Vice Chair Carollo: -- has spoken very loudly on, and not in a way that maybe I agree
with it, because I think it's changed from the White House to the courthouse, the way
things are done, but the question to you is, is there anything that could be done with
PACs based upon the Supreme Court ruling?
Mr. Wysong: Right, let me -- that I --
Vice Chair Carollo: You don't have to answer now if you're not fully appraised [sic].
Mr. Wysong: Yes, thank you.
Vice Chair Carollo: You can bring you back. I mean, I don't want to put you on your
first day --
Mr. Wysong: Thank you, sir.
Vice Chair Carollo: -- on the guillotine.
Mr. Wysong: Yeah, that's a very complicated question and well be more than happy to
look into it and come back to you. On the lobbyists, on these prohibitions, because the
Beach passes some ordinances that I sometimes feel are unconstitutional, but we will
look into these because essentially what you're -- the competing issue is First
Amendment speech rights. You know, the Supreme Court has said that certain campaign
contributions are considered a form of speech. So we will look at that and we'll also
look at it as far as the PACs and give you guidance on that.
Commissioner Reyes: Okay, I would like to see that.
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Commissioner Pardo: And really our main concern is where there's a conflict, an
obvious conflict with doing business with the City. But yeah, we're going to look at all
of that and definitely cone back.
Commissioner Reyes: That's right.
Vice Chair Carollo: Well, let me say this so no one is surprised later on. What I would
be looking to do is to put a charter amendment, the earliest we 're going to be able to
do it will be November election, but to put a charter amendment on the November
election on whatever we come to an agreement on so that it just can 't get changed easily
into the fitture. And this is why 1 want to be given, Mr. City Attorney, copies of whatever
the Beach has, be able to read it, see what else I might want to add to it. For instance,
what Commissioner Reyes was saying in people, how they go around. Back in 2020,
there were some nice chaps that wanted to recall me. Basically none of them lived in
the City. What happened? Well, to my surprise, I found out sometime later that the PAC
that was running the recall committee, bought some advertising, TV, radio, small
amounts. I think it was around $17,000, somewhere in there. They actually did buy it,
they actually did spend it through the PAC correctly. However, in one radio station that
I have the proof already, I'm hoping that I soon will get the proof on the second, the
PAC bought another $50,000 plus worth of advertising. The entity that placed the
advertising for the PAC was a company that its owner had been arrested a few years
before for some naughty stuff with the federal government, dealing with Panama and
forging the names of federal agents and stamps and so on. But the biggest surprise to
me was that the PAC never paid for those advertisements. The PAC was the one that
bought the time under its name. It was therefor the PAC. The PAC never had the money
in its bank account to pay with. So there were two separate corporations from two
private individuals that actually bought, or should I say that actually paid for the
advertisements. I think with the guy that used to sit where you 're at, Mr. Gabela, they
called it money laundering. And I read in today's newspaper that those two fine
individuals from those two companies, they're now going to run the campaign of
someone running for sheriff. Ain't that wonderful? Only in America.
Commissioner Reyes: Okay.
DI.5 DISCUSSION ITEM
15683
Commissioners
and Mayor
A DISCUSSION ITEM REGARDING AN UPDATE OF THE CITY
ATTORNEY SELECTION AND TRANSITION PROCESS.
MOTION TO: Withdraw
RESULT: WITHDRAWN
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
END OF DISCUSSION ITEMS
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PZ.1
12858
Commissioners
and Mayor- PZ
PART B: PZ - PLANNING AND ZONING ITEM(S)
ORDINANCE Second Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), 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 "LOW
DENSITY RESTRICTED COMMERCIAL" FOR THE PROPERTY
GENERALLY LOCATED AT 3424 AND 3442 SOUTHWEST 37
AVENUE, 3714 AND 3718 WASHINGTON AVENUE, AND 3719
THOMAS AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
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PZ.2 ORDINANCE First Reading
14742 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL
SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION
163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND
USE DESIGNATION FROM "SINGLE-FAMILY RESIDENTIAL" AND
"MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM
DENSITY RESTRICTED COMMERCIAL" AND "RESTRICTED
COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT
160 NORTHEAST 50 TERRACE, 162 NORTHEAST 50 TERRACE, 170
NORTHEAST 50 TERRACE, 184 NORTHEAST 50 TERRACE, 183
NORTHEAST 50 STREET, 177 NORTHEAST 50 STREET, AND 169
NORTHEAST 50 STREET MIAMI, FLORIDA (COLLECTIVELY, "THE
PROPERTY"), MORE PARTICULARLY DESCRIBED IN COMPOSITE
EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: Item PZ.2 was continued to the May 23, 2024, City Commission
Meeting.
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PZ.3 ORDINANCE First Reading
14743 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM "T4-L," GENERAL URBAN ZONE —
LIMITED, TO "T5-O," URBAN CENTER ZONE — OPEN, FOR THE
PROPERTIES GENERALLY LOCATED AT 5010 AND 5040
NORTHEAST 2 AVENUE AND A PORTION OF 184 NORTHEAST 50
TERRACE, MIAMI, FLORIDA, A CHANGE OF ZONING DESIGNATION
FROM "T4-R," GENERAL URBAN ZONE — RESTRICTED, TO "T5-O,"
URBAN CENTER ZONE — OPEN, FOR A PORTION OF 184
NORTHEAST 50 TERRACE (THE WEST 15.50' OF LOT 2, BLOCK 7
OF THE CORRECTED PLAT OF ALTA VISTA), MIAMI, FLORIDA, A
CHANGE OF ZONING DESIGNATION FROM "T4-R," GENERAL
URBAN ZONE — RESTRICTED, TO "T5-L," URBAN CENTER ZONE —
LIMITED, FOR THE PROPERTIES GENERALLY LOCATED AT 162,
170, AND A PORTION OF 184 NORTHEAST 50 TERRACE (LOT 3,
BLOCK 7 OF THE CORRECTED PLAT OF ALTA VISTA), MIAMI,
FLORIDA, A CHANGE OF ZONING DESIGNATION FROM "T4-R,"
GENERAL URBAN ZONE — RESTRICTED, TO "T4-L," GENERAL
URBAN ZONE — LIMITED, FOR THE PROPERTIES GENERALLY
LOCATED AT 169, 177, AND 183 NORTHEAST 50 STREET, MIAMI,
FLORIDA, AND A CHANGE OF ZONING DESIGNATION FROM "T3-L,"
SUBURBAN TRANSECT ZONE — LIMITED, TO "T4-L," GENERAL
URBAN ZONE — LIMITED, FOR THE PROPERTY GENERALLY
LOCATED AT 160 NORTHEAST 50 TERRACE, MIAMI, FLORIDA
(COLLECTIVELY, "PROPERTY"), AS PARTICULARLY DESCRIBED IN
EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS;
AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: Item PZ.3 was continued to the May 23, 2024, City Commission
Meeting.
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PZ.4
15778
Department of
Planning
RESOLUTION
A RESOLUTION OF THE CITY COMMISSION, WITH
ATTACHMENT(S), PURSUANT TO CHAPTER 55, SECTION 55-15(C)
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO
CLOSE, VACATE, ABANDON, AND DISCONTINUE FOR PUBLIC USE
A PORTION OF HIGGS STREET GENERALLY BOUNDED BY SOUTH
DIXIE HIGHWAY TO THE NORTH, SOUTHWEST 37 AVENUE TO THE
EAST, DAY AVENUE TO THE SOUTH, AND BROOKERS STREET TO
THE WEST, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A";
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: R-24-0166
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Chair King: Okay, moving along. Mr. City Attorney, would you please read into the
record the titles of the PZ (Planning and Zoning) items for consideration?
George Wysong (City Attorney): Yes, Madam Chair. 1 believe the first one 1 have is
PZ.4, which is a resolution. It doesn't need to be read into the record. PZ.6.
The Ordinance was read by title into the public record by the City Attorney.
Mr. Wysong: PZ.7.
The Ordinance was read by title into the public record by the City Attorney.
Mr. Wysong: PZ.8.
The Ordinance was read by title into the public record by the City Attorney.
Mr. Wysong: PZ.9.
The Ordinance was read by title into the public record by the City Attorney.
Mr. Wysong • PZ.10.
The Ordinance was read by title into the public record by the City Attorney.
Mr. Wysong: I just want to make sure I said 852. PZ.11.
The Ordinance was read by title into the public record by the City Attorney.
Mr. Wysong: PZ.12.
The Ordinance was read by title into the public record by the City Attorney.
Mr. Wysong: PZ.13.
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The Ordinance was read by title into the public record by the City Attorney.
Mr. Wysong: PZ.14.
The Ordinance was read by title into the public record by the City Attorney.
Mr. Wysong: PZ.15.
The Ordinance was read by title into the public record by the City Attorney.
Mr. Wysong: And 1 believe that's it. The next two are first reading ordinances which
don't have to be read.
Commissioner Pardo: City Clerk, just for the record, PZ.16 and 17, I have Jennings
disclosures while we wait.
Commissioner Reyes: Okay.
Vice Chair Carollo: Just sit back and wait for the Chair for a couple of minutes.
Commissioner Pardo: It's fbr the Clerk.
Commissioner Reyes: Okay. PZ.16 is in your district, Mr. --?
Commissioner Pardo: No, it's not in my district.
Commissioner Reyes: No, it's not. (INAUDIBLE).
Mr. Wysong: Sorry, let me -- I need to read two more titles. Rookie mistake. PZ.16.
The Ordinance was read by title into the public record by the City Attorney.
Mr. Wysong: PZ.17.
The Ordinance was read by title into the public record by the City Attorney.
Mr. Wysong: Thank you.
Vice Chair Carollo: Mr. City Attorney?
Mr. Wysong: Sir, yes sir.
Vice Chair Carollo: Do we need to have public hearing for PZ or was it sufficient that
we had it earlier?
Mr. Wysong: We had it earlier, yes, sir.
Vice Chair Carollo: Okay. So we don't need any further public hearings. Is there a
motion on these items?
Commissioner Gabela: I'd like to motion, if may?
Vice Chair Carollo: Excuse me?
Commissioner Gabela: With -- I'd like to ask the attorney, on my item, 1300 Northwest
38th Street and 1317 Northwest 37th Street, we're going to the next up -zoning on that
one, right? From duplex. But can we put a covenant in there or possibly can we do that
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whole block for future -- because 1 was talking to some of the residents that they were
concerned. The owners of this property actually came to me and said that they're not
interested in building the higher zoning that we're giving them. Is --? David?
David Snow (Interim Director, Planning): Right. So, PZ.16 and 17 is currently
requesting that upzone from T3-O to T4. We can go back and study the block as a whole,
you know, to see what that zoning designation should be as, you know, the
neighborhood as a whole, if that's the will of the Commission in your district.
Commissioner Gabela: I'd like to go ahead and do now if possible the 16 and 17 but
having that in mind that we do the rest of it so it becomes conformity.
Mr. Snow: Uniformity, yeah.
Commissioner Gabela: Yeah, because we 've looked at the area and I think -- we think
the area merits it.
Mr. Snow: Right, we can come back if that's, you know, with the study, work with your
office, however you wish, but yeah, we can look at it for sure.
Commissioner Reyes: You see -- through the Chair.
Chair King: Commissioner Reyes.
Commissioner Reyes: PZ16,1 want to --1 have a question. Does PZ.16, that area, does
it abut T3s?
Mr. Snow: Correct. So, yeah, the zoning designation in that area is T3-O currently.
Commissioner Reyes: And now what you're doing is you are just changing that area to
what?
Mr. Snow: So the request -- the request for the particular parcel is to go from T3-O to
T4-L.
Commissioner Reyes: That is a four story?
Mr. Snow: It allows three stories.
Commissioner Reyes: And it's going to be in the middle of -- I mean, you're doing it --
you see, one thing that always have wanted to do is protect T3s because we will destroy
all the neighborhoods if we can't start changing. And as a matter offact, Miami 21 also
tries by all means to have some sort ofprotection for the T3s and also gradual increase.
But this one is not going to be a gradual increase, you see.
Mr. Snow: Right, so I think it sounds like the request or the directive is to go back and
look at this neighborhood to look at what is the appropriate zoning for that area.
Commissioner Reyes: Absolutely. I would like for you to do that.
Commissioner Gabela: But what I was going to say is, you know, they're abutted on
the north by the 112 highway. On the other side, they have the T6, is it, that they have
on the other side? On 36th Street, so they're surrounded. And then you have the other
problem that what happened was that the owner of this property, she's not interested
in going to the maximum things. She was willing to make a proffer, okay, but she does
want to get out of the circumstances she 's in because she says she rents it out and it
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becomes a hoarding house, that they start subletting. And then that's bad for the
neighborhood.
Commissioner Reyes: It is. It is quite bad.
Commissioner Gabela: And that's where this is coming from. And I've spoken to her
two times and she's sincere. She's not interested in making the full use of, you know --
she'd like to see a townhouse, you know. She's not going to go three floors. She's even
willing to proffer that if that's -- you know, if that would be a problem.
Commissioner Reyes: Well, what are we going to do? We're going to look into it and
come back? Okay, then we have to defer then.
Mr. Snow: Yes.
Vice Chair Carollo: Okay.
Commissioner Reyes: Then we have to -- it have to be deferred, right?
Mr. Wysong: And Madam Chair, also it seemed like there was a Jennings disclosure by
-- Commissioner Pardo already made one. I believe Mr. Gabela just sort of made his
Jennings disclosure. And District 4, you indicated, Commissioner Reyes, that you
wanted to make a Jennings disclosure on 16 and 17 as well.
Commissioner Reyes: That's right.
Mr. Wysong: Thank you.
Commissioner Gabela: Can I just say that I'd like to do this today and maybe proffer
that they're going to do not the four -- what is it, three stories you said was the
maximum?
Mr. Snow: Right, T4 allows three stories.
Commissioner Reyes: Three stories only.
Commissioner Gabela: How long would your study take?
Mr. Snow: I would give us probably at least a month to come back.
Commissioner Reyes: Yeah, let's do that, Commissioner. And let's analyze it. I mean,
we have been -- I think that Ms. Sumner was here. She was totally opposed to that. And
she's been living there forever. I've known her since -- I mean --
Commissioner Gabela: Well, I'd like to, you know, when I can, I'd like to, you know,
let you guys do what you do in your districts, because I thinkyou guys know best. I think
I know best in my district.
Commissioner Reyes: Sir, with all due respect --
Commissioner Gabela: Yeah.
Commissioner Reyes: -- there is no fiefdom here. We are all City of Miami
commissioners.
Commissioner Gabela: No, no, I'm not talking about a fiefdom. I'm talking about --
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Commissioner Reyes: Okay, no, 1 mean --
Commissioner Gabela: -- what I'm talking about -- what I'm talking is I believe that 1
know my area --
Commissioner Reyes: I --
Commissioner Gabela: -- better than you know my area. Just like I don know your
area like you do.
Commissioner Reyes: Well, I'm 1 know the City of Miami back and forth --
Commissioner Gabela: That's what I'm saying.
Commissioner Reyes: -- from one end to the other. So do you.
Commissioner Gabela: No fiefdom, no fiefdom. It's just that --
Commissioner Reyes: No, no, no, I mean, don't start with that. That's my district and
all that. You are a City of Miami commissioner. You're welcome to get in my district.
Commissioner Gabela: Not interested. I'm interested in working for my zone and lbr
the whole of the City of Miami.
Commissioner Reyes: Well --
Commissioner Gabela: But what I'm saying is, I don't think you know my area better
than I do just how I know your area --
Commissioner Reyes: Let me tell you this.
Commissioner Gabela: -- better than you do.
Commissioner Reyes: Let me tell you this, Mr. Gabela.
Commissioner Gabela: That's all I'm saying.
Commissioner Reyes: I'm not trying to interfere. But the only thing that I'm trying to
do is protect the neighborhoods, protect T3s and protect the neighborhoods, single
family homes. I don't care if they are in Timbuktu, you see? I'm going to do that. I'm
going to get -- I'm going to try to protect it. That's what I've been doing.
Commissioner Gabela: I'll tell you what, let's do this.
Commissioner Reyes: If you have followed me, I've been doing this all over.
Commissioner Gabela: I got an idea. I got an idea.
Commissioner Reyes: Okay.
Commissioner Gabela: Then let's put all these -- all these PZs, because to be honest
with you, I haven 't had a chance to study the rest of them, including the ones in your
neighborhood.
Commissioner Reyes: Okay, go right ahead.
Commissioner Gabela: Let's do that. Let's go ahead and defer all this --
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Commissioner Reyes: Oh, you want to play like that?
Commissioner Gabela: -- and then we'll do it the next time.
Commissioner Reyes: Okay, well, go for it.
Vice Chair Carollo: Who's on first? Who's on second?
Commissioner Reyes: That's right.
Chair King: I'm sorry, I had to step away to do a love letter to Haiti. It's a video, so
I'm not clear what's happening right now.
Commissioner Reyes: Okay.
Chair King: I don't know what -- what item are we discussing?
Commissioner Reyes: We're discussing 16 -- PZ.16.
Chair King: So, PZ.16, okay.
Mr. Wysong: And 17. PZ.16 and 17.
Chair King: 16 and 17.
Commissioner Reyes: 16.
Chair King: So do I understand -- is there a motion to defer all of the PZ items?
Commissioner Gabela: Motion.
Commissioner Reyes: Oh, you want --
Vice Chair Carollo: Look, you have people here that --
Commissioner Reyes: I mean, we can't act like children here, you know.
Vice Chair Carollo: -- we have people here that have spent their time, their money to
be here.
Commissioner Reyes: That's right.
Vice Chair Carollo: Look, Commissioner Gabela --
Commissioner Gabela: Yes, sir.
Vice Chair Carollo: -- I'm willing to pass this on first reading ordinance until it's clear
jrosecond reading.
Chair King: It's a first reading.
Vice Chair Carollo: But, you know, I think we need to move with the agenda.
Chair King: So --
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Commissioner Gabela: 1 understand that, and 1 don't want to hamper anybody, but
you've got to understand this lady has been in my office two times. She also has been
waiting for this, you know, and she makes the case that she doesn't want boarding, and
then that's not good for the neighborhood. You know, and this lady is sincere. Let me
tell you, if not, I wouldn't be doing it, okay. And I know my area. That's what I'm trying
to do. So the same thing, you know, that goes for you guys, goes for my, you know, my
Chair King: So it's a first reading item, 16 and 17. Are there any other PZ items that
my colleagues would like to pull for discussion? No?
Vice Chair Carollo: No.
Chair King: Okay. So may I have a motion to pass --
Vice Chair Carollo: Move.
Chair King: -- PZ.4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17.
Commissioner Reyes: Move it.
Melissa Tapanes: Through the Chair, please. I need to put something on the record fbr
PZ.10 and 11. The City Attorney has asked me. Thank you. Sony. Melissa Tapanes,
200 South Biscayne Boulevard, Miami, representing the applicant in PZ.10 and 11. Just
to put on the record that this includes a proffer of a covenant. The release of the 2018
former covenant will be done administratively. So I just want to put that in the record
because there will not be two covenants. The intent is for the new covenant to replace,
supersede, and be the only enforceable covenant on the land. Thank you.
Chair King: Thank you. So --
Mr. Wysong: And Madam Chair, on PZ.9, I believe the applicant -- I believe the
applicant is going to indicate Planning Department recommended denial of the T6-8-
0 to T6-8-L.
Vice Chair Carollo: Which item is this?
Chair King: PZ.9.
Mr. Wysong: PZ.9. Yeah, PZ.9, the zoning change. Is that correct? You want to
abandon the zoning from T6-8-0 to T6-8-L and keep the change from T3-O to T4-O?
Ben Fernandez: That is correct, Mr. City Attorney. Good afternoon, Commissioners,
Ben Fernandez, 200 South Biscayne Boulevard, on behalf of the applicant. That was
the motion on first reading. This is second reading and we continue to make that
request. Thank you.
Chair King: Thank you.
Vice Chair Carollo: Okay.
Chair King: So, I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
Todd B. Hannon (City Clerk): Chair, so who is the mover again?
Chair King: You're supposed to follow that.
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Mr. Hannon: No, no, no. 1 just want to make sure that everyone is accepting the
amendments that were proposed. So, Commissioner Reyes moved the item.
Chair King: Yes.
Mr. Hannon: Commissioner Carollo seconded.
Commissioner Gabela: So, I'm sorry. I'm sorry. What exactly are we doing again?
Chair King: We're passing all of the items. So I have a motion.
Commissioner Reyes: And 16 --
Commissioner Gabela: Motion.
Commissioner Reyes: -- and 17, they are first reading.
Chair King: First reading, yes.
Commissioner Reyes: First reading. Okay, I'll vote for it.
Chair King: So if there needs to be some clean up --
Commissioner Reyes: But between first and second --
Commissioner Gabela: No problem.
Chair King: -- between first and second reading.
Commissioner Reyes: -- I want to know a lot of things.
Commissioner Gabela: Alright.
Chair King: Okay. I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously. We --
Mr. Hannon: With PZ.9 amended and PZ.10 and 11 amended.
Chair King: Correct.
Vice Chair Carollo: Okay.
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PZ.5 ORDINANCE Second Reading
15536 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM "T5-O," URBAN CENTER
TRANSECT ZONE - OPEN, TO "T6-8-O," URBAN CORE TRANSECT
ZONE - OPEN, OF THE PROPERTY GENERALLY LOCATED AT 43
NORTHEAST 53 STREET, 40 NORTHEAST 54 STREET, AND 50
NORTHEAST 54 STREET, MIAMI, FLORIDA (COLLECTIVELY,
"PROPERTY") MORE PARTICULARLY DESCRIBED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED; FURTHER RECOMMENDING TO
THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY
PROFFERED COVENANT, ATTACHED AND INCORPORATED AS
EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: Item PZ.5 was continued to the May 23, 2024, City Commission
Meeting.
PZ.6 ORDINANCE Second Reading
13968 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL
SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION
163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND
USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED
COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE
ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT
APPROXIMATELY 775 SOUTHWEST 8 STREET (NORTHWEST
PORTION), 750 SOUTHWEST 7 STREET, AND 740 SOUTHWEST 7
STREET MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 14268
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Meeting Minutes April 25, 2024
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number PZ.6, please see Item
Number PZ.4.
PZ.7 ORDINANCE Second Reading
13972 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM "T5-L," URBAN CENTER
TRANSECT ZONE — LIMITED, TO "T6-8-O," URBAN CORE
TRANSECT ZONE - OPEN, OF THE PROPERTY GENERALLY
LOCATED AT 775 SOUTHWEST 8 STREET (NORTHWEST
PORTION), 750 SOUTHWEST 7 STREET, AND 740 SOUTHWEST 7
STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 14269
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number PZ.7, please see Item
Number PZ.4.
PZ.8 ORDINANCE Second Reading
15439 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL
SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187,
FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE
DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY
RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED
HEREIN OF REAL PROPERTY AT 200 NORTHWEST 42 AVENUE
(WESTERN PORTION) AND 4212 NORTHWEST 2 TERRACE
(WESTERN PORTION) , MIAMI, FLORIDA, MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED;
MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 14270
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Meeting Minutes April 25, 2024
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number PZ.8, please see Item
Number PZ.4.
PZ.9 ORDINANCE Second Reading
15440 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM "T3-O," SUBURBAN TRANSECT
ZONE — OPEN, TO "T4-O," GENERAL URBAN TRANSECT ZONE —
OPEN, FOR THE WESTERN PORTION OF THE PROPERTIES
GENERALLY LOCATED AT 4212 NORTHWEST 2 TERRACE AND 200
NORTHWEST 42 AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 14271
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number PZ.9, please see Item
Number PZ.4.
PZ.10 ORDINANCE Second Reading
15318
Commissioners
and Mayor - PZ
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL
SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187,
FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE
DESIGNATION FROM "MEDIUM DENSITY RESTRICTED
COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE
ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 860, 852,
842, 834, AND 826 NORTHWEST 1 STREET, AND 821 WEST
FLAGLER STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING
FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 14272
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Meeting Minutes April 25, 2024
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number PZ.10, please see Item
Number PZ.4.
PZ.11 ORDINANCE Second Reading
15438
Commissioners
and Mayor - PZ
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM "T5-O," URBAN CENTER
TRANSECT ZONE — OPEN, TO "T6-8-O," URBAN CORE TRANSECT
ZONE- OPEN, FOR THE PROPERTIES LOCATED 860, 852, 842, 834,
AND 826 NORTHWEST 1ST STREET AND FROM "T5-O," URBAN
CENTER TRANSECT ZONE — OPEN, TO "T6-8-O," URBAN CORE
TRANSECT ZONE — OPEN, FOR THE NORTHERN FORTY FIVE (45)
FEET OF THE PROPERTY LOCATED AT 821 WEST FLAGLER
STREET, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED;
FURTHER RECOMMENDING TO THE CITY COMMISSION
ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT,
ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 14273
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number PZ.11, please see Item
Number PZ.4.
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City Commission
Meeting Minutes April 25, 2024
PZ.12 ORDINANCE Second Reading
15238
Commissioners
and Mayor- PZ
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, 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 "LOW DENSITY RESTRICTED
COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF
APPROXIMATELY 2.54 ACRES DESCRIBED HEREIN OF REAL
PROPERTY AT 460 NORTHWEST 36 COURT (EAST PORTION), 427
NORTHWEST 37 AVENUE (EAST PORTION), 400 NORTHWEST 36
COURT, 408 NORTHWEST 36 COURT, 440 NORTHWEST 36 COURT,
146 NORTHWEST 36 COURT, 140 NORTHWEST 36 COURT, 114
NORTHWEST 36 COURT, 100 NORTHWEST 36 COURT, 102
NORTHWEST 36 COURT, 70 NORTHWEST 36 COURT, 64
NORTHWEST 36 COURT, 58 NORTHWEST 36 COURT, 3667
NORTHWEST FLAGLER TERRACE, AND 3695 WEST FLAGLER
STREET (NORTHWEST PORTION) MIAMI, FLORIDA ("ASSEMBLAGE
A"); AND BY CHANGING THE FUTURE LAND USE DESIGNATION
FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL"
OF APPROXIMATELY 0.34 ACRES DESCRIBED HEREIN OF REAL
PROPERTY AT 697 NORTHWEST 37 AVENUE (SOUTHWEST
PORTION), 640 NORTHWEST 36 COURT (SOUTH PORTION), AND
3665 NORTHWEST 6 STREET, MIAMI, FLORIDA, ("ASSEMBLAGE
B"), (COLLECTIVELY THE "ASSEMBLAGE") ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
ENACTMENT NUMBER: 14274
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number PZ.12, please see Item
Number PZ.4.
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City Commission
Meeting Minutes April 25, 2024
PZ.13 ORDINANCE Second Reading
15239
Commissioners
and Mayor- PZ
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM "T6-8-O," URBAN CORE
TRANSECT ZONE — OPEN, TO "T6-8-O," URBAN CORE TRANSECT
ZONE — OPEN, FOR THE PROPERTY GENERALLY LOCATED AT
697 NORTHWEST 37 AVENUE (NORTH AND SOUTHWEST
PORTION); AND, BY CHANGING THE ZONING CLASSIFICATION
FROM "T4-L," GENERAL URBAN TRANSECT ZONE — LIMITED, TO
"T5-O," URBAN CENTER TRANSECT ZONE — OPEN, FOR THE
PROPERTIES GENERALLY LOCATED AT 697 NORTHWEST 37
AVENUE (SOUTHEAST PORTION), 640 NORTHWEST 36 COURT
(SOUTH PORTION), 3665 NORTHWEST 6 STREET, 460
NORTHWEST 36 COURT (EAST PORTION), 427 NORTHWEST 37
AVENUE (EAST PORTION), 400 NORTHWEST 36 COURT, 408
NORTHWEST 36 COURT, 440 NORTHWEST 36 COURT, 146
NORTHWEST 36 COURT, 140 NORTHWEST 36 COURT, 114
NORTHWEST 36 COURT, 100 NORTHWEST 36 COURT, 102
NORTHWEST 36 COURT, 70 NORTHWEST 36 COURT, 64
NORTHWEST 36 COURT, 58 NORTHWEST 36 COURT, 3667
NORTHWEST FLAGLER TERRACE, AND 3695 WEST FLAGLER
STREET (NORTHEAST PORTION), MIAMI, FLORIDA, ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
ENACTMENT NUMBER: 14275
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number PZ.13, please see Item
Number PZ.4.
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City Commission
Meeting Minutes April 25, 2024
PZ.14 ORDINANCE Second Reading
15533 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL
SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187,
FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE
DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "PUBLIC PARKS
AND RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF
REAL PROPERTY AT 1320 SOUTHWEST 21 STREET, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED; MAKING FINDINGS; AND
PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 14276
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number PZ.14, please see Item
Number PZ.4.
PZ.15 ORDINANCE Second Reading
15532 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM "T3-O," SUB -URBAN TRANSECT
ZONE - OPEN, TO "CS," CIVIC SPACE ZONE, OF THE PROPERTY
GENERALLY LOCATED AT 1320 SOUTHWEST 21 STREET, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
ENACTMENT NUMBER: 14277
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number PZ.15, please see Item
Number PZ.4.
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City Commission
Meeting Minutes April 25, 2024
PZ.16 ORDINANCE First Reading
15534 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL
SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187,
FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE
DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "LOW -DENSITY
RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED
HEREIN OF REAL PROPERTIES LOCATED AT 1300 NORTHWEST
38 STREET AND 1317 NORTHWEST 37 STREET, MIAMI, FLORIDA,
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING
FINDINGS; 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: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number PZ.16, please see Item
Number PZ.4.
PZ.17 ORDINANCE First Reading
15535 AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH
Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM "T3-O," SUB - URBAN TRANSECT
ZONE -OPEN, TO "T4-L," GENERAL URBAN TRANSECT ZONE —
LIMITED, OF THE PROPERTIES GENERALLY LOCATED AT 1300
NORTHWEST 38 STREET AND 1317 NORTHWEST 37 STREET,
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING
FINDINGS; 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: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number PZ.17, please see Item
Number PZ.4.
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City Commission
Meeting Minutes April 25, 2024
PZ.18 ORDINANCE Second Reading
12859
Commissioners
and Mayor- PZ
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM: "T3-O" SUB -URBAN TRANSECT
ZONE — OPEN TO "T4-O" GENERAL URBAN TRANSECT ZONE -
OPEN WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES
AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT)
OVERLAY FOR THE PROPERTY GENERALLY LOCATED AT 3424
AND 3442 SOUTHWEST 37 AVENUE, 3714 AND 3718 WASHINGTON
AVENUE, AND 3719 THOMAS AVENUE; MAINTAINING THE ZONING
CLASSIFICATION OF "T3-O" SUB -URBAN TRANSECT ZONE — OPEN
WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE
NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY
FOR THE PROPERTY GENERALLY LOCATED AT 3735
WASHINGTON AVENUE, AND MAINTAINING THE ZONING
CLASSIFICATION OF "T5-O" URBAN CENTER ZONE— OPEN WITH
A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-
2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR
THE PROPERTY GENERALLY LOCATED AT 3710 GRAND AVENUE,
MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
END OF PLANNING AND ZONING ITEM(S)
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City Commission
Meeting Minutes April 25, 2024
NA.1
15981
City Commission
NA - NON -AGENDA ITEM(S)
DISCUSSION ITEM
CITY CLERK TODD B. HANNON ADMINISTERED OATH OF
OFFICE TO NEWLY ELECTED AND APPOINTED CITY
ATTORNEY GEORGE K. WYSONG III.
RESULT: DISCUSSED
Chair King: The City Clerk needs to administer the oath for Mr. Wysong.
Commissioner Pardo: And Madam Chair, just to be clear, this is for this selection.
Later we will have compensation package.
Applause.
At this time, the administration of oath was given to George Wysong, III as City
Attorney.
Applause.
George Wysong (City Attorney): Thank you everybody for being here for me, a
momentous occasion. 1 believe in the oath that 1 just gave. I will protect, preserve, and
defend the laws of this great city and 1 intend on working with all of the City family with
fairness, kindness, humility, and respect. So, thank you so much for appointing me and
I hope to do you proud and propel our office to the, future. I'd like to give a great thanks
to my -- now my staff and thank you everybody. You 're wonderful attorneys and
colleagues and let's get down to business.
Applause.
Mr. Wysong: Oh, I just made the worst transgression possible. I would like to thank my
lovely wife Brenda for all the kindness and support.
Applause.
Mr. Wysong: And thank you, Brenda. And my two daughters are tuning in at home,
Alexandra and Cassandra. Hove you. Thank vou.
Applause.
Arthur Noriega (City Manager): Madam Chair I'd like to thank John Greco for his
three and a half days of service.
Commissioner Reyes: That's right.
Mr. Noriega: He did an exceptional job.
Applause.
(COMMENTS MADE OFF THE RECORD)
Applause.
(COMMENTS MADE OFF THE RECORD)
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Meeting Minutes April 25, 2024
NA.2
15982
City Commission
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY ADMINISTRATION TO DRAFT AND PRESENT TO THE
CITY COMMISSION AN ORDINANCE AMENDING ORDINANCE
NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ("MIAMI 21 CODE") SPECIFICALLY BY
AMENDING ARTICLE 6, TITLED "SUPPLEMENTAL
REGULATIONS," OF THE MIAMI 21 TO EXTEND THE SUNSET
PROVISION FOR ONE (1) ADDITIONAL YEAR TO ALLOW
EDUCATIONAL USES BY RIGHT IN T6 TRANSECT ZONE IN
CERTAIN CIRCUMSTANCES PURSUANT TO ORDINANCE NO. 23-
14188.
ENACTMENT NUMBER: R-24-0167
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Damian Pardo, Commissioner
SECONDER: Christine King, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Commissioner Reyes: Extend it for one -- one more year.
Chair King: So let's extend it for another year --
Commissioner Reyes: That's right.
Chair King: -- to see that it would be least -- the least over -- extend it for another year,
see how that goes, and then we can make a more permanent decision.
Commissioner Reyes: Yes, ma'am.
Chair King: Do I have a motion? Well --
Commissioner Reyes: Move it.
Chair King: -- do I have a motion to give the City that directive to extend the program?
Commissioner Reyes: That's right.
Commissioner Pardo: I'll make the motion.
Chair King: I have a motion.
Commissioner Reyes: I second.
Commissioner Gabela: Second.
Chair King: I have a second. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries.
Mr. Goldberg: Thank you.
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NA.3
15983
City Commission
DISCUSSION ITEM
IN CELEBRATION OF NATIONAL PHYSICAL FITNESS AND
SPORTS MONTH, CHAIRWOMAN KING ANNOUNCED AND
ENCOURAGED ALL CITY EMPLOYEES TO PARTICIPATE IN THE
2024 FIT CITY MIAMI CHALLENGE.
rRESULT: DISCUSSED
Chair King: We have a personal appearance that -- Mr. City Clerk, do I have any other
items on the agenda in play other than the personal appearance?
Mr. Hannon: No, ma'am.
Chair King: Okay, personal appearance. Can I make an announcement while we wait
for you to do your personal appearance?
Vice Chair Carollo: What announcement?
Chair King: One announcement. I have -- where's my staff? I hope they're listening to
me.
Vice Chair Carollo: You're running for sheriff?
Chair King: Not, not, no. IT (Information Technology)? Where's IT? Okay. IT, there
we go. Here we go. While we get ready for the personal appearance -- can you put that
back? No, no, no, no. Can you put my flyer back just quickly? Yes. I'm going to make a
quick announcement before the personal appearance. I want to announce to everyone
and my colleagues the City -- the Fit City Miami Challenge kickoff for May. May is
National Physical Fitness and Sports Month and we are putting forth this City Fit
Miami Challenge for all City employees to get fit. The kickoff is May 6th at 4 o 'clock at
the MRC (Miami Riverside Center). We're going to do a 5K. And throughout the month,
we are going to be doing health initiatives. At the kickoff we're going to have
workshops and all kinds of things. We hope that everyone, all of the departments, all of
the employees participate. We hope that each commissioner participates and their staff
participates. It's our attempt to help our employees get healthy both physically and
mentally. There's going to be information on physical health and mental health. We're
going to have hydration challenges. We're going to have a challenge. You walk, run,
bicycle 31 miles in 31 days. It's going to be a lot of fun. There are going to be prizes. I
know we have two tickets to Rolling Loud donated for one of our winners. That's going
to be a concert in December. We 're going to have all kinds of initiatives, incentives.
There's going to be an opportunity for employees to earn administrative leave for
accomplishments that they achieve during this fitness month. So I pray that all of you
join us. There's going to be a department liaison in each department that can get more
information on how to participate, and I hope all of you, join me for the City Fit Miami
Challenge. May 6.
Vice Chair Carollo: Well, to make sure that everyone's safe on the 5K run,
Commissioner Reyes and I are going to volunteer to lead the run from the golf cart
we're going to be in with the lights so everybody can see that you guys are corning and
you're safe.
Chair King: You can walk. You can walk.
Commissioner Reyes: Commissioner, we're going to have a lot of water for the people
that need it.
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Meeting Minutes April 25, 2024
ADJOURNMENT
Chair King: So join nze, encourage your staff to participate and all of the City
employees join us so that we can be a healthy city. Thank you.
Vice Chair Carollo: Okay. You would have to say that after I had ribs for lunch, right?
Commissioner Reyes: After the run, we go to a barbecue place.
The meeting adjourned at 5:19 p.m.
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