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HomeMy WebLinkAboutCC 2024-06-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, June 27, 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 George K. Wysong III, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes June 27, 2024 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo, Commissioner Gabela, Commissioner Pardo and Commissioner Reyes On the 27th day of June 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 9:27 a.m., recessed at 12:38 p.m., reconvened at 3:03 p.m., and adjourned at 3:09 p.m. Note for the Record: Vice Chair Carollo entered the Commission chambers at 10:06 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, Reverend Crutcher from Greater Bethel AME (African Methodist Episcopal) Overtown Historic Church is going to lead us in prayer. Good morning. Invocation delivered. Chair King: Thank you. Would you lead us in the Pledge of Allegiance? Pledge of Allegiance delivered. Chair King: Thank you. Never enough opportunities for public speaking for our young people. Thank you, guys. City of Miami Page 1 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 16301 Honoree Presenter Protocol Item Scleroderma Awareness Day Mayor and Commissioners Proclamation Ignatius "Iggy" E. Carroll, Jr. Mayor and Commissioners Proclamation Jorge Alberto Mursuli Del Valle Mayor and Commissioners Proclamation and Key to the City RESULT: PRESENTED 1) Mayor Suarez and Commissioners presented a Proclamation to raise awareness about Scleroderma and recognize the National Scleroderma Foundation. Scleroderma is a chronic connective tissue disease that affects an estimated 15,000 people in Florida and 300,000 people in the United States. The word "scleroderma" comes from two Greek words: "sclero" meaning hard, and "derma" meaning skin. In scleroderma, a patient's immune system becomes overactive and attacks its own tissues through overproduction of collagen. The National Scleroderma Foundation's mission is to advance medical research, promote disease awareness, and provide support and education to people with scleroderma, their families, and support networks. Elected Officials paused in their deliberations of governance to hereby proclaim June 29th, 2024, as Scleroderma Awareness Day" in the City of Miami and to recognize the efforts of awareness by the National Scleroderma Foundation. 2) Mayor Suarez and Commissioners presented a Proclamation to City of Miami's Fire Department Public Information Officer Mr. Ignatius E. Carroll, Jr. Ignatius E. Carroll, Jr., affectionately known as "Igg,y, " was born in New Orleans, Louisiana, to Camille and the late Ignatius Carroll, Sr., in September 1968, and is the oldest of four brothers, as well as a proud husband to Crystal Carroll and father to daughter Kennedy and son Emerson. Iggy moved to Miami, where he attended Miami Shores Elementary, Thomas Jefferson Middle School, and graduated from North Miami Senior High in 1986. In 1989, at the early age of nineteen, Iggy was hired by the City of Miami Fire Department, marking the beginning of an exemplary career in public service. Iggy has served in various capacities including _firefighter/paramedic,.fire department recruiter, fire inspector, fire investigator, EMS instructor, special event officer, and public information officer (PIO) .for the department and in 2007 was recognized by the State of Florida as the first African American recipient of the Public Information Officer (PIO) of the Year Award. He was promoted to Lieutenant in 2007, Captain in 2014, and ultimately to Executive Officer to the Fire Chief in 2018. As Executive Officer, Iggy currently oversees the Office of Public Relations, serving as a department liaison to numerous local, state, and federal agencies, and holds critical roles such as External Affairs Officer for the Department of Homeland Security Florida Urban Search and Rescue Task Force 2, Senior Spokesperson for the State of Florida's Emergency Response Team (Region 7) from the Florida Governor's Office, and an executive board member with the National Information Officers Association (NIOA). Iggy's leadership and expertise have been instrumental during several major disasters at both the national and international level, including City of Miami Page 2 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 his role as a lead spokesperson during Hurricane Katrina, various hurricanes impacting Florida, the Covid-19 response efforts, and the search and rescue operations at the Champlain Towers collapse in Surfside. With over 35 years of dedicated service to the fire department and the community, Iggy has exhibited unparalleled dedication, professionalism, and a steadfast commitment to public safety, with aspirations of one day becoming a Fire Chief Elected Officials paused in their deliberations to recognize his exceptional service, leadership, and unwavering commitment to the City of Miami and its citizens. 3) Mayor Suarez and Commissioners presented a Proclamation and Key to the City to honor the late Mr. Jorge Alberto Mursuli Del Valle. Mr. Mursuli del Valle, was born in Sancti Spiritus, Cuba, and immigrated to the United States in 1967 at age 6. Mr. Mursuli del Valle graduated from the University of Florida where he served as the President of Sigina Phi Epsilon and Executive Vice President of the Interfraternity Council and a member of Florida Blue Key. He dedicated his life to championing democratic values and expanding civic engagement and demonstrated an unwavering commitment to social, justice and community service across Florida and the United States. Mr. Mursuli Del Valle, remembered as a "champion of social justice ", was a tireless fighter for democracy, dedicating himself to causes ranging from election reform to immigration, free speech and civil liberties. In 1998 Mr. Mursuli del Valle led Safeguarding American Values for Everyone (SAVE) and rallied support from allies outside the LGBT community to make sexual orientation a category protected by law from discrimination. The campaign was successful, and the Miami -Dade County Commission passed the Human Rights Ordinance which protected LGBT individuals .from discrimination and secured equal rights in employment, housing and public accommodations, and credit and .financing practices. In 2001, he later joined People, for the American Way (PFAW) Foundation and as the Florida State Director, soon becoming a National Vice President where he led efforts in election reform, immigration, free speech, public education, civil liberties, and civic engagement. In 2004, he founded Democracia USA, a non- partisan civic engagement organization that grew to become one of the most recognized and effective Hispanic voter empowerments, and leadership training programs in the nation. He is remembered as a "champion of social justice," Mr. Mursuli del Valle's work has left an indelible mark on countless lives, shaping the landscape of civic engagement and advocacy in ways that will resonate for generations to come. Elected Officials paused in their deliberations to recognize his leadership, and unwavering commitment to the City of Miami and its citizens. Chair King: -- City of Miami Commission meeting for June 27th, 2024. I am Christine King, your chairwoman and commissioner for District 5. I'm joined here with my colleagues, Mayor Francis Suarez, Commissioner Manolo Reyes, and Commissioner Damian Pardo. We are going to start with our proclamations and recognitions. I'm going to turn the mic over to our mayor. I understand we have some very, very special recognitions today. Mayor Suarez: Thank you, Madam Chair. Good morning to you, too. Welcome everyone. Presentations made. City of Miami Page 3 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: ORDER OF THE DAY Chair King: And at this time, we will have our City Attorney, Mr. George Wysong, read a statement into the record for this meeting. Thank you. George Wysong (City Attorney): Thank you, Madam Chair. George Wvsong, City Attorney. Detailed information about the processes, order of business, rules of procedure, and scheduling or rescheduling of City Commission meetings can be found in Chapter 2, Article 2 of the City Code, a copy of which is available online at www.municode.com. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with the City Clerk and comply with the related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the code section about lobbyists is available in the City Clerk's Office or online at www.municode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this city code section is available at the Office of the City Clerk or online at www.municode.com. The City of Miami requests that anyone requesting action by the City Commission must disclose before this 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 material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at www.miamigov.com. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission unless modified by the Chair. Public comment will begin at approximately, 10:00 a.rn. 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 form. Please visit www.miamigov.corn/meetinginstructions for detailed instructions on how to provide public comment during the online public comment form -- 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. The public comment may also be provided here live at City Hall located at 3500 Pan American Drive, 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 a later date before the City Commission takes action on such proposition. When addressing the City Commission, the member of the public must first state their name, their address, and what item will be spoken about. Any person with a disability requiring assistance, auxiliary aids, and services for this meeting may, notify the City Clerk. The City has provided different public comment methods to indicate, among other things, the public support, opposition, or neutrality on the items and topics to be discussed at the City Commission meeting in compliance with Section 286.0114 (4)(c) Florida Statutes. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity and time before the meeting. Please note, commissioners have generally been briefed by City staff and City of Miami Page 4 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 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 the applicant's representatives and any experts testifying on behalf of the applicant, appellant, or appellee may be physically present at the 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 Statutes 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Ordinance. The order of presentation shall be 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 recommendations they may have. Please silence all cell phones and other noise making devices. Access to the meeting: This meeting can be viewed live on Miami TV, the City's Facebook page, the City's Twitter page, the City's YouTube channel, and Comcast Channel 77. This broadcast will also have closed captioning. Thank you, Madam Chair. Chair King: Thank you, Mr. City Attorney. I believe we have some pocket items. Would you please --? Todd B. Hannon (City Clerk): Chair? I just have a brief statement to make as well. Chair King: I know, but can I get him to say the pocket items before your statement or is there a protocol against that? Mr. Hannon: No. Chair King: Okay. Mr. Wysong: I have a pocket item. The Resolution was read by title into the public record by the City Attorney. Chair King: Thank you. Mr. City Clerk, would you --? Mr. Hannon: There is a second pocket item. Commissioner Reyes has a pocket item pertaining to a resolution involving appointments, at -large appointments to the Civil Service Board. The title of the resolution essentially is a resolution of the Miami City Commission appointing certain individuals as members of the Civil Service Board for terms designated herein. So that would be PI2. Chair King: Thank you. Mr. City Clerk, would you please read your statement for the record? Mr. Hannon: Yes. The procedures for individuals who will be providing testimony to be sworn in for Planning and Zoning items and any quasi-judicial items on today's City Commission agenda will be as follows: The members of City staff or any other individuals required to be sworn in who are currently present at City Hall will be sworn in by me, the City Clerk, immediately, after I finish explaining these procedures. Those individuals who are appearing remotely may be sworn in now or City of Miami Page 5 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 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 notice provisions set forth in these uniform rules and procedures we have established for this meeting? Chair King: Yes, thank you. Mr. Hannon: Chair, may I administer the oath for the Planning and Zoning items? Chair King: Please. Mr. Hannon: Thank you, Chair. Good morning, ladies and gentlemen. If you will be speaking on any of today's Planning and Zoning items, the PZ items, may I please have you stand and raise your right hand? The City Clerk administered 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. At this time, Mr. City Manager, would you please advise this body of any items that will be deferred or withdrawn from the agenda? Arthur Noriega (City Manager): Good morning Madam Chair, Commissioners, Mr. City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: RE.7, to be indefinitely deferred; PZ.1, to be indefinitely deferred; PZ.2, to be withdrawn; and PZ.3, to be withdrawn. That concludes the items. Vice Chair Carollo: PZ? The last one? Mr. Noriega: 3. Vice Chair Carollo: 3. Chair King: PZ.3 is withdrawn? Mr. Noriega: Withdrawn. PZ.2 and 3, both withdrawn. Chair King: Mr. Chair [sic], do you have any items for consideration to be withdrawn or deferred? Vice Chair Carollo: Not at this point in time. Chair King: Commissioner Gabela? Commissioner Gabela: No. Chair King: Commissioner Pardo? Commissioner Pardo: I do. I have -- I'd like to indefinitely defer FR.1. I'd also like to co-sponsor RE.6 and co-sponsor SR.1. And I just wanted to make a quick mention, I wanted to thank -- congratulate Juvenal Santana and Public Works for all the flooding we've been having, they've been amazing. They've really gotten out there and made a big difference. Commissioner Reyes: I'll join Commissioner Pardo in this compliment. City of Miami Page 6 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Chair King: Okay. Commissioner Reyes, do you have any items? Commissioner Reyes: No, I don't have any items. Chair King: Okay. Mr. Manager, I would like to defer PZ.4 and 5 until the July 11 th meeting. (COMMENTS MADE OFF THE RECORD) Chair King: Mr. City Clerk has a statement. Mr. Hannon: Briefly, for the indefinitely deferred PZ item. Pursuant to Section 62-22 of the City Code, indefinitely deferred action initiated by the City will cost the City mail, noticing, advertising, and posting of properties as applicable. Chair King: Thank you. Mr. Manager, would you please run through the items that will be withdrawn and deferred again just to make sure my colleagues have their list correct? Mr. Noriega: RE.7, to be indefinitely deferred; FR.1, to be indefinitely deferred; PZ.1, to be indefinitely deferred; PZ.2, to be withdrawn; PZ.3, to be withdrawn; PZ.4, to be deferred to the July 11th meeting; and PZ.5, to be deferred to the July 11 th meeting. Chair King: Thank you. At this time, may I have a motion to set the agenda, please? Commissioner Reyes: Move it. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. PUBLIC COMMENT FOR ALL ITEM(S) Chair King: And at this time, we are going to open the floor for public comments. Anyone who wishes to speak on items that are before us today, please come to the podium. Good morning, Elvis. Elvis Cruz: Good morning Commissioner. Maybe somebody can go while I get hooked up. Chair King: Good morning. We're waiting for -- is anyone else here for public comment? Anyone else for public comment while he gets his -- Mr. Cruz: Oh, here we go. Chair King: Ready? Mr. Cruz: Can you see it? Chair King: No. Unidentified Speaker: Not yet. City of Miami Page 7 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Chair King: We -- yes, 1 think it's corning. Mr. Cruz: Okay, thank you. Elvis Cruz, 631 Northeast 57th Street. Here is a page from the City of Miami Zoning Atlas, 1975. You '11 notice that the entire Watson Island is zoned park, as it was for many decades. Watson Park, it is labeled on the map. Parks should be considered sacred land to be protected. We need more parkland, not less. But item CA.3 and 5 would open the door for condominiums on Watson Island that was once entirely a park. Here is a 1925 plat map of the city of Miami and you may recognize the property here, that's the city cemetery and above it, City Park. That park is today's Biscayne Park. It has been a City of Miami Park for overl 00 years. Again, parks should be considered sacred land to be protected. Schools should buy their own land, not take over parkland. Some are saying that this park is in bad shape and derelict and therefore it should be given over to schools. If the park's in bad shape, it's not the park's fault. It's the City's fault for allowing the park to go into a bad shape. Again, we need more parkland, not less. Please do not allow Watson Island to have condominiums. Please do not allow Biscayne Park to become a school property. Please protect our parkland, please vote down RE.3 and 5. Thank you. Chair King: Thank you. Good morning. Christi Tasker: Good morning, Commissioners. My name is Christi Tasker. I'm a member of your Code Enforcement Board, and 1 live at 150 Southeast 25th Road. I come before you today on behalf of some of the members of the Code Enforcement Board and to report the issues that we are having that you guys could make a change in legislation on. So, the Code Enforcement Board, many times we are seeing a lot of Airbnb situations, and the surrounding communities are massively being affected by the Airbnb properties. I know the governor has recently put constraints upon municipal legislation. So I want you guys to make sure that you get with the City Attorney as quickly as possible to see if there's anything we can do as a municipality to confront the governor in terms of restricting you guys on legislating our local Airbnbs, because the Airbnbs are utilizing a lot of police resources, fire resources, and they're causing harm to our communities and inflated real estate prices. So we're seeing a lot of that on code enforcement. The other thing is nuisance. We're seeing a lot of nuisance situations where there are drugs involved, they are actively harming communities; fentanyl is coming before the nuisance board. And our officers are actually being put at stake as well in the process because they're repeatedly having to go out to the same properties over and over again, all while they're coming before the Code Enforcement Board, where their image and everything is made public. The other thing, speaking of our images and our things made public, your Code Enforcement Board, while our images and everything are public, all of our information has to be public as well. So people know where we live, they know what cars we drive. So, when it comes to privacy, it would be great if you thought about some of your boards that are having to make really active decisions, being able to be protected from the public as well. So, those are the three things that I have, and hopefully you guys can make legislation on it. If you need, you know, other comments or anything like that, I'm happy to meet with your legislative teams. Thank you. Chair King: Thank you. Good morning. Manny Prieguez: Good morning, Manny Prieguez, 4000 Malaga Avenue, Miami, Florida, representing South River Warehouse and its principal, Arturo Ortega, who owns parcels at 5 and 27 Southwest South River Drive on the Miami River since 2014. Mr. Ortega's plans from the day he purchased the parcels was to develop them for restaurant use. City of Miami Page 8 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Chair King: Excuse me. Mr. Prieguez: I believe -- Chair King: What item are you speaking of? Mr. Prieguez: I'm getting to that right now. Chair King: 1 see. Mr. Prieguez: 1 believe that Commissioner Reyes is sponsoring RE.6 because there is a widespread sentiment by some commissioners and the public at large that legal fees are out of control at the City of Miami. The eminent domain lawsuit filed by the City of Miami in December 2021 is yet another example of wasted taxpayer money on legal fees. Allow Inc to explain. In December 2021, the City files an eminent domain lawsuit against South River Warehouse. During an order of taking hearing, the City obtains a favorable result, but instead of meeting its deadline of submitting a deposit for the two parcels, the City chooses to miss the deadline. The City right now could have been the owner of those parcels, but it chose not to. Litigation continues and there is a trial date established on the value of the property, of how much the City is going to have to pay September 9, 2024. So even though the city has -- excuse me -- most importantly of all, on May the 30th, 2024, this year, South River Warehouse obtains their building permit; 687 days, 2 hours total processing time to develop 5 and 27. So even though the City has granted a building permit, the City continues prosecuting this case spending thousands and thousands of dollars on legal fees. And the permitted design, which you have a copy of in front of you right now, already includes a linear park, which is the purpose of the lawsuit. What is the point of continuing to pay hundreds of thousands of dollars in legal fees for two small parcels on the Miami River that are going to be worth over $20 million as established by our valuation experts? This Commission should rescind the exacting resolution that authorized the eminent domain and direct Mr. Wysong to dismiss the lawsuit because hundreds of thousands of dollars will continue to be wasted for a project that at this point makes no sense. Chair King: Thank you. Mr. Prieguez: A building permit has been granted -- Chair King: Thank you. Mr. Prieguez: -- there's too much money being spent, and I urge you to take action. Thank you very much. Chair King: Thank you. Good morning. Grant Stern: Good morning. Grant Stern, 425 Northeast 22nd Street. So I'd like to speak on two issues. One is Resolution RE.6, by Commissioner Reyes, which suspends the upfront payment of legal fees to anyone representing former or current city commissioners. And I want to just point out the gentleman before me is a perfect example of why the City Attorney's Office needs to be scrutinized under the new city attorney, and he needs to scrutinize the decision -making and determine who the City Attorney's Office was truly representing and who they plan to represent going forward. Because we have a very large City Attorney's Office, the largest one in Miami -Dade County here, that can handle most of these matters, but they have judgment, too. They can see when something intentional has taken place. I asked the former City Attorney, Victoria Mendez, for a copy of the ordinance that authorized her to spend $10 million on outside legal counsel defending the City against City of Miami Page 9 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 egregious claims that were upheld by a jury verdict awarding $63 million to a pair of local businessmen against a rogue city commissioner. 1 got no response to that request because there was no authorizing ordinance. So, 1 would urge this commission to vote in favor of Commissioner Reyes 's RE.6 item, to make sure that the commission holds the purse tight because I'm telling you as a resident, when Igo to the local park in Edgewater, it hasn 't been updated in 20 years. But we're spending $10 million to defend one rogue city commissioner acting like a communist apparatchik with our neighborhoods. So, this city needs to grab the purse more tightly and then start spending money in the places that have been developed so much that are developing the City's tax base. Because right now, we're suffering from a lack of representation in the past in District 2. And a lot of that is, well, there's not enough money to go around. Well, there is. Thank you. Chair King: Thank you. Anyone else for public comment? Good morning. Stephen Colquitt: Good morning. Chair King: What are you -- do you want to speak? Do you have something to say? Mr. Colquitt: Oh, I'm just -- he just -- Chair King: We're not giving time if that's what you're about to say. Mr. Colquitt: Yeah, that's what 1 was going to say. Chair King: Okay, sit down. Thank you. Mr. Colquitt: Okay, thank you. Chair King: Good morning. Billy Corben: I need IT (Information Technology). They have a laptop. Chair King: They know? Mr. Corben: Yes, they know. Chair King: Okay. Is there anyone else who would like to speak while we wait for IT? They're coming. Mr. Corben: Okay, there. Thank you. (COMMENTS MADE OFF THE RECORD) Mr. Corben: Thank you. Good morning, Madam Chair. Billy Corben on RE.6 to suspend upfront payment of legal fees to outside counsel for current and former elected officials. This is performative nonsense. It does nothing to address how the City got in this predicament or what you should do to protect the city in the future. But it's adorable to see Commissioner Reyes suddenly pretend to care about this issue now that he thinks that he 's running for mayor. It's just another day in the Miami mafra. Here's the only thing you should be doing, is extracting some guarantee for collateral from judgment debtor Carollo for the tens of millions of legal fees he has to pay back to the City, and let there be no doubt, he owes that money to the taxpayers. Last summer, that $63.5 million corruption judgment was against him in his individual capacity, but don't take my word for it. Let's hear what Commissioner Carollo had to say. At this time, an audiovisual presentation was made. City of Miami Page 10 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Mr. Corben: Whatsoever. If the City has rto liability in the matter, why are we paying his legal fees? And as City Attorney Wysong said himself at the last meeting, If you prevail in those cases, you 're entitled to your attorney's fees, but if you, however, lose, it's up to us to seek those reimbursements." City Attorney, what actions has your office taken to seek those reimbursements from defendant and judgment debtor Carollo? I say all of you have the power to compel him to pledge his house as collateral to pay that money. Or he could write a check. Otherwise, the City roust sue him and if you don't you '11 be violating your fiduciary responsibility and most astoundingly we have no idea how much this has cost. I ask that you please -- Chair King: Thank you. Mr. Corben: -- Madam Chair, ask the City Attorney to place online -- Chair King: Thankyou. Mr. Corben: -- in the interest of transparency, the expenses -- Chair King: Thank you. Mr. Corben: -- related to all outside counsel payments -- Chair King: Thank you. Mr. Corben: -- on a monthly basis on the website. Thank you, Madam Chair. Chair King: Thankyou. Applause. Chair King: Sir, in case you want to do that again, we don't have clapping in chambers unless its during our proclamations. Thank you. Is there anyone else here who would like to speak on behalf of --? Good morning, how are you? Silvio Pupo-Casco: Good morning, Chairwoman, Gabela, Pardo, good morning, Commissioners, how are you doing? My agenda of interest is CA.3. I want to vote in favor of accepting the Department of Energy funding for resilience and I'd also like to see if you'd consider hosting some kind of Sunshine meeting about the flooding situation and the state of emergency that was declared, so we can get better information so you can get on the same page about plans planning and other opportunities for improving that. Thank you. Chair King: Thank you. Thank you for your advocacy. Seeing no one else for public comment, the public comment period is now closed. MV - MAYORAL VETO(ES) There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. END OF MAYORAL VETO(ES) City of Miami Page 11 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 CA.1 16094 Department of Police CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A FOURTH DONATION FROM THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("WYNWOOD BID") IN A TOTAL AMOUNT OF ONE HUNDRED AND SEVENTY THOUSAND DOLLARS ($170,000.00) TO ESTABLISH A SPECIAL REVENUE PROJECT TITLED: "THE WYNWOOD BID SECURITY SYSTEM PHASE FOUR"; ALLOCATING SAID FUNDS IN THE AMOUNT OF ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000.00) TO THE MIAMI POLICE DEPARTMENT'S ("MPD") SPECIAL REVENUE FUND ACCOUNT NUMBER 12000.191602.466000.0.0, FOR THE PROVISION OF FORTY-TWO (42) SECURITY CAMERAS TO INCLUDE FOUR (4) CAMERA SITES EQUIPPED WITH TWELVE (12) 360-DEGREE CAMERAS, SIX (6) PAN TILT ZOOM (PTZ) AND THE REPLACEMENT OF OLD LEGACY CAMERA EQUIPMENT ON TWELVE (12) CURRENT CAMERA SITES TOTALING TWENTY- FOUR (24) CAMERAS, AS A FOURTH EXPANSION PROJECT WITHIN THE WYNWOOD BID AREA AND INTEGRATING THE SECURITY CAMERAS INTO MPD'S REAL TIME CRIME CENTER AND TO PURCHASE TWO (2) HORSES FOR THE MOUNTED UNIT IN THE AMOUNT OF TWENTY THOUSAND DOLLARS ($20,000.00), ALLOCATING SAID FUNDS TO THE MIAMI POLICE DEPARTMENT'S ("MPD") SPECIAL REVENUE FUND ACCOUNT NUMBER 12000.191602.466000.0.0; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO APPROVE THE EXPENDITURE OF FUNDS ALLOCATED TO THE PROJECT AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE DISPERSAL OF PROJECT FUNDS. ENACTMENT NUMBER: R-24-0240 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.1, please see "End of Consent Agenda." City of Miami Page 12 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 CA.2 RESOLUTION 16059 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF CALVIN SMITH, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $67,752.73, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $67,652.73 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-24-0241 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 16069 Office of Resilience and Sustainability A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT, ALLOCATE, AND APPROPRIATE A FORMULA GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF ENERGY("DOE") IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED SEVENTY SEVEN THOUSAND SEVEN HUNDRED TWENTY DOLLARS AND ZERO CENTS ($477,720.00) ("GRANT AWARD") FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT ("EECBG") FOR THE PURPOSES OF SUPPORTING THE CITY'S FLEET DEMONSTRATION PROJECT AS OUTLINED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ANY AND ALL NECESSARY DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, AMENDMENTS, RENEWALS. MODIFICATIONS, AND EXTENSIONS FOR THE ACCEPTANCE, ADMINISTRATION, IMPLEMENTATION OF, AND COMPLIANCE WITH THE GRANT AWARD, AND PROGRAM REQUIREMENTS AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0242 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.3, please see "Public Comment for all Item(s)" and "End of Consent Agenda." City of Miami Page 13 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 CA.4 RESOLUTION 16075 Department of Resilience and Public Works CA.5 16189 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING ELEVEN (11) RIGHT-OF-WAY DEEDS AND ONE (1) QUIT CLAIM RIGHT-OF-WAY DEED 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-24-0243 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." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY LUCIA RAYO, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $38,000.00 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 LUCIA RAYO VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 21-25862 CA 01, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545013.0000.00000. ENACTMENT NUMBER: R-24-0244 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: Gentlemen, are there any of the CA (Consent Agenda) items, that you would like to pull for discussion? Vice Chair? Commissioner Reyes? May I have a motion to pass CA.1, 2, 3, 4, and 5? Commissioner Pardo: So moved. Commissioner Gabela: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 14 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 RE - RESOLUTIONS RE.1 RESOLUTION 16228 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 7751 NORTHWEST 2 AVENUE, MIAMI, FLORIDA, CASE NUMBER 00015251, 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-24-0246 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: RE.1. Is there anyone here on behalf of the mitigation? Good morning, Director. Robert Santos-Alborna: Good morning, Chairwoman, Commissioners; Robert Santos- Alborna, Code Compliance Director. I'll present, RE.1 is the mitigation of a property located at 7751 Northwest 2nd Avenue. Respondent is Amsdell. This is a vacant lot, zoned T5. The violations in question is for operating without a certificate of use, no business tax receipt, failure to maintain lot and parking and storage of inoperable vehicles. The NOV (Notice of Violation) was issued on June 6th, 2022, adjudicated before the Code Enforcement Board on 10/23/2022, violation ran for 263 days, accruing a total of $131,500. The information I have from counsel is that the offer, the last one I received was $6,575, that is equivalent to 5 percent. And I understand that counsel has information and support evidence that he wants to provide to you. Javier Fernandez: Good morning, Madam Chair, members of the board. For the record, Javier Fernandez here on behalf of Amsdell Storage Venture 64 LLC (Limited Liability Cowan)), the property owner. I have a presentation I shared with the Chairwoman. I can quickly run through it if it's your pleasure or happy to proceed in any way the Chairwoman would like on this matter. I wanted to provide a little bit of context on the reason that we're proffering 5 percent as opposed to the more customary, 15 percent amount and wanted to explain that. But again, Madam Chair, happy to proceed however you like. Chair King: You probably need to explain it because I am not going to accept 5 percent. Mr. Fernandez: Okay. Chair King: Not having the CU (Certificate of Use) and not having a BTR (Business Tax Receipt), in addition to all of the other infractions that were named, that's not City of Miami Page 15 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 something that you just don't know. It's not -- it's not a customary thing that would come before us. It's not what we hear, someone died, or -- Mr. Fernandez: And that's what I -- Madam Chair, that's exactly. what I wanted to provide a little bit of context on because I wouldn't make that proffer unless there were some rather extraordinary circumstances. Chair King: Go ahead if you think it'11 make a difference. Mr. Fernandez: Thank you. So just briefly, let me hand out copies of this as well. And 1 promise to be brief. So, very quickly, on the screen here, the property -- the properties that my clients own are the storage facility right on 79th Street and the subject lot, which is the parking lot on corner of 78th and Northwest 2nd Avenue. The one that is the subject of the violation is the parking lot. The storage facility originally was developed as an entertainment facility. It was a bowling alley, billiard room, skating rink between 1955 and 2004. In 2004 -- and that parking lot that has existed since that time and the property to the north, which is now undeveloped, served as the off -site parking for that entertainment facility. In 2004, the use of the storage facility was converted to storage from entertainment, and the parking lot, which is the subject of the violation, has been used in support of that use since that time. My, client was cited for the four violations, the two violations regarding the failure to maintain, and the storage of untagged vehicles were resolved immediately. The use violation required an exception application to be processed in order to bring the property to compliance. When we were retained in July of last year, we did extensive research on the use history of the property, and unfortunately we hoped to prove the property was legal and nonconforming. Unfortunately, while there were extensive records about the conversion of the storage facility, there was no documentation as to the permitting of the improvements of the parking lot. Although, as I'll run you right through the images very quickly, you '11 see that the lot to the north is improved or you can see the remnants of asphalt and lighting, the historic arrows demonstrate that was parking before. Our lot has been used for storage since 2007, by the Google Street images that we could locate. So this gives you a sense of the historic condition of the property. December of 2022, which is shortly after, a couple years after my client acquired the property, and during the time of the violation. So, unlike other situations where you had a property owner that was a bad actor, came into the property, affirmatively committed the violation, our client, when they brought this property in 2020, was under, I think, a reasonable assumption that not only was the storage use legal, but the parking lot was the legal ancillary use for storage, given that that had been the historic use of the property, at least by our understanding, since 2004. Chair King: Counselor? Mr. Fernandez: Yes, ma'am? Chair King: What did we learn in school? Mr. Fernandez: I'm sorry, ma'am. Your question? Chair King: Ignorance of the law? Mr. Fernandez: It is no defense, but it does speak to the issue. Chair King: I don't know. I don't know, I think -- Mr. Fernandez: And, ma'am, that's why we pled guilty at the hearing. That's why we spent the money to try to render the property legal and conforming. I address this because I think it speaks to the mitigation standards that you have in terms of the City of Miami Page 16 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 gravity of the violation and the actions taken by the property owner to correct those violations. And so at all times, 1 think we moved swiftly to correct the immediate violations that we could resolve, which were the failure to maintain and removing of inoperable vehicles. We proceeded again in November, we had a (UNINTELLIGIBLE) pre -application meeting for the exception to try to legalize the use. The reasons the fines began to run, frankly, are my fault, because when we were running up against the deadline for the extension of time, we submitted a request timely, and unfortunately, the email that confirmed the hearing date for that hearing was one that was sent to me, but went to my spam filter, and on March 22nd, I was not able to appear because 1 was not aware of the hearing. We followed up in early April and realized that we had missed the hearing, and unfortunately, the fines began to accrue. But my client would have been in compliance because we were advancing the application at all times, but for the fact that that hearing was missed. So, again, we've taken responsibility for that missed hearing. We proffered the 5 percent amount for that reason because, again, the client, the company, was unaware of the legal nonconformity, but took steps to address it, and unfortunately that hearing was missed and fines began to accrue. I'm happy to -- we made that proffer, I'm happy to get your thoughts on a counter, and we'll see if we can hopefully come to a quick accommodation on the item. Chair King: Let me see if staff has a -- Rachel Dooley (Senior Assistant City Attorney, Supervisor): Good -- good morning, Rachel, on behalf of the Office of the City Attorney. What counsel says is correct. They did start to proceed to legalize and do everything they were supposed to do. The email confirming their date was stuck, I saw that. We spoke, did go into his spam folder, unfortunately for us, because of our code, we can't just say -- we can't reset things. And so we can't set aside, because we did send it, everything went, but with technology, things happen. And so in the past, when we have technological glitches like this, their option is to come back and say, hey, we were doing everything, this mistake did happen, and I think that's probably why none of us have jumped up and down in terms of what their offer is on -- on it. Because the glitch wasn't in, yes, you should know what you're getting into when you get it, but they did seek to address the issue once cited, continued to do so, and did legalize it in as timely a fashion as possible. It was a few hundred days from start, sort of maybe less than a year from the violation to when they got it done. So they did work very timely, but the rest is up to you. But I can confirm that we did speak with regards to the thing -- to the e-mail going into his spam, unfortunately. And that's what you get for the notice, and that 's how they go out, so. Mr. Fernandez: (UNINTELLIGIBLE) embarrassing for me, but, again, I have to own the mistake. I would say for final consideration, I know it went to 264 days in terms of the matter. If you're inclined to provide any leniency, what I would ask is you'll recall last September we had a number of quorum issues with PZAB (Planning, Zoning and Appeals Board). We lost about 41 days in terms of our ability to get on the agenda as a result. So we would ask if you're inclined to stick with the 264 as the baseline, that you maybe consider reducing that to 222 days, and we can factor whatever mitigation amount of f of that basis. That would be my final comment for the record. Thank you. Chair King: Mr. Director? While I am sympathetic as a practitioner, we are not perfect. These things happen, but I also cannot set a precedent where I say, okay, you made a mistake, so therefore, because everyone is going to come before me and say, well, we made a mistake and unfortunately, we have staff that are working, and I don't want anyone else to think that they can just do, and we'll say, okay, because that's why you're here before us. I do think we can take off the 41 days that it took you to get to PZAB. I don 't think that's unreasonable. And in doing that, what would be the fine? City of Miami Page 17 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Mr. Fernandez: 111,100, if I'm not mistaken. Mr. Santos-Alborna: So that -- that is correct. It's uncorroborated, so based on the 111,100 at 15 percent, which is what has been the pattern here, that comes up to $16,665. That's my math, is that accurate? Chair King: So, I -- I will accept 15 percent of the fine with the reduction of 41 days, which comes up to $16,000. Mr. Santos-Alborna: 665. Mr. Fernandez: Madam Chair, given the circumstances, would you be amenable to 10 percent, which would be $11,100, just given the facts. Again, this is not -- Chair King: Given the facts, I'm giving you the reduction of days. Mr. Fernandez: I understand. Chair King: So no, I'll take the 15 percent -- Mr. Fernandez: Okay. Chair King: -- at the reduction of the 41 days. Mr. Fernandez: Understood. Chair King: May I have a motion? Vice Chair Carollo: Moved. Commissioner Reyes: Second. Commissioner Gabela: Yeah, no, I -- I just want to say, through the Chair. Commissioner Reyes: How much -- how much -- excuse me, reducing by 41 days, how much -- how much is the total? Mr. Fernandez: It's about $3,000. Commissioner Gabela: How much? Mr. Fernandez: About $3,000 is the net effect of the reduction. It's maybe plus or minus a few dollars. Just doing the rough math. I think it was $19,970, Mr. Director, or somewhere in that range. Mr. Santos-Alborna: So, minus the number of days, the 221 at 250, that puts it at -- (COMMENTS MADE OFF THE RECORD) Unidentified Speaker: Oh, it's 500. Okay. Mr. Santos-Alborna: That puts the total at $121,000 as opposed to the total accrued amount, and at 15 percent of that -- Commissioner Reyes: (INAUDIBLE). Mr. Santos-Alborna: -- it's -- it's -- I am showing $18,150. City of Miami Page 18 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Commissioner Gabela: $18,000. Mr. Santos-Alborna: What I had said, and not to you, Madam Chairwoman, I apologize, because when we met, I had said the 15 percent that I thought, but with the -- when I was doing the agenda reviews, I had said based on the technology and the fact is that we've worked with counsel, and he's been very cooperative, and every other case I had said no less than 10 percent, and 10 percent would have put it at $13,150 of the original amount, and that is what 1 was ready to recommend to you. Commissioner Gabela: Why don't we just call it 15, with your -- if you're okay with that. Chair King: 1 like that. 1 was thinking that. Commissioner Gabela: Let's -- let's call it an even number. Chair King: Let's make it an even 15. Commissioner Gabela: 15 grand, are you okay with that? Chair King: What -- and you guys figure out what the percentage. Mr. Santos-Alborna: Right. Commissioner Gabela: Yeah. Chair King: Let's make it an easy 15 per -- $15,000. Mr. Santos-Alborna: Yes. Chair King: I have a motion. Commissioner Gabela: Motion. Chair King: And a second. All in favor, as amended? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Mr. Fernandez: Thank you. Chair King: And just, on the record, that would be the reduction of the days, at 15 percent, whatever that percentage is. Mr. Fernandez: I think -- I'm sorry, I just wanted -- Chair King: I mean, I'm sorry, 15,000. Mr. Fernandez: $15,000. Chair King: It's 15,000 -- Unidentified Speaker: Right. Commissioner Gabela: 15,000. City of Miami Page 19 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Commissioner Pardo: Right. Chair King: -- whatever that percentage amounts to. Mr. Fernandez: Thank you for your time. Chair King: Thank you. RE.2 RESOLUTION 15934 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN THE CITY OF MIAMI; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 14, 2024, WHICH IS (A) SET BY THE CITY COMMISSION AND (B) PUBLICLY NOTICED, AND DIRECTING THE PROVISION OF NOTICE THEREOF; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO DETERMINE THE APPLICABLE NUMBER OF HOUSEHOLDS FOR THE ASSESSMENT ROLL ON OR BEFORE THE LATEST POSSIBLE DATE BEFORE SUBMISSION OF SUCH REQUIRED INFORMATION TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER FOR THE ESTIMATED SOLID WASTE ASSESSMENT RATE SCHEDULE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0247 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo NAYS: Reyes Chair King: RE.2, Mr. Manager, you said you wanted to make an amendment? Arthur Noriega (City Manager): Yes, Madam Chair. We've had a series of individual briefings and discussions with regards to some proposed modifications, both in terms of operationally and in terms of fee structure related to the solid waste fee. With each and every one of you, we've gotten a lot of valuable feedback as part of that process. We'd like to continue that conversation. One of the, from a timing perspective, given the rate and the solid waste fee needs to be submitted to the County in early July, one of the -- one of the requests is to modify or increase the cap, which is currently 380, which is the actual solid waste fee, by $60, to $440, which would give us the ability to continue to have conversations and briefings with each of you. We 've looked at a number of different ideas and concepts in terms of protecting the residents and certain segments of our resident population as well as dealing with some operational issues. We'd like to continue those conversations and still afford us the flexibility to propose an increase. If -- if you're amenable, in the end, that increase would not occur, or would occur, or that discussion regarding the increase would occur during the budget process, and as a body you can determine to keep it flat at the current rate or City of Miami Page 20 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 consider an increase at that time with (UNINTELLIGIBLE). This just gives us the legislative flexibility to do so, and that's the request. Commissioner Reyes: Madam Chair? Does that mean that we are opening up the door for an increase without taking into consideration other alternatives? Because I believe that any increase that we do has to be because we have -- we have analyzed every single alternative that it is. For example, I have suggested, I don 't know why they haven 't done it, that the apartment buildings that we don't charge for any trash or bulk to them, we are picking up their bulk. You go buy any fourplex or six units, or whatever, and you see a bunch of fiirniture, mattress, and all of that in front of the apartment building, we pick it up, but we don't charge it. 1 want to know why and how can we increase our revenues that way. Mr. Noriega: So -- Commissioner Reyes: And also -- also, I'm not in favor of now giving you, the Administration giving you the -- opening the door that for an increase by allowing you to fluctuate the rate, you see? You see, no. I won't vote on that. I will vote for a complete, complete, thorough analysis of how can we bring more revenues. Maybe there will be an alternative bulk. It will be every two weeks, et cetera, et cetera. But just give a carte blanche now that we are going to raise the cap, I don 't think that it's, in my opinion, it's a good idea. I think that we should have a comprehensive analysis of how can we increase the revenues and how can we hurt the least, the least, particularly our retirees and retiree -- the population that at this moment there have been rate increases, not only increases, inflation is killing them, you see. So I don't know about the rest of my colleagues, but I don't agree with that. What 1 want to do is let's go and do a serious and thorough analysis on how can we increase revenues, taking all the alternatives. You see, analyzing every single one of the alternatives and the effect it's going to have, you see. Commissioner Gabela: Madam Chair? Mr. Noriega: So, Commissioner, if I may, the -- that was all discussed as part of our discussion with you and as well has been discussed with each members of the Commission individually. The idea is to take all of that into consideration. The approval today and the amendment to the resolution gives us no carte blanche authority to do anything without your approval, because that all occurs during the budget process. So, we are limited by your action. So in the end, as a body, you'll determine whether or not any fee increase is warranted based on the additional information we provide. Obviously, we intend to come back to each and every one of you and address some of the comments that you gave us during our briefings. The issue with this solid waste fee and the request for the cap is entirely about timing and the requirement we have to submit a cap to the County, and that's really what this is all about. Commissioner Reyes: But I -- Commissioner Gabela: Madam Chair? Chair King: Hold on. Commissioner Reyes: -- one thing that 1 don't understand, Mr. [sic] Chair, why do we have to deal with increasing the cap, or leaving, or opening the cap now if we're not going to take any action. You see, if we take action, we are the ones that are going to set the cap. Why are we are now voting in favor of increasing the cap if no action is going to be taken? You see, that's one thing that I don't understand. Chair King: Commissioner Reyes, we're not voting to increase the cap. City of Miami Page 21 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Commissioner Reyes: No, we -- Chair King: We're giving them the option, we 're giving them the authority to get wheels in motion for Miami -Dade County, in the event that we as a body decide we want to increase or not increase. Without us taking the action today to give them the authority to work with Miami -Dade County, if we so choose, we'll miss that opportunity. So nothing happens today other than giving our Administration the authority to work with Miami -Dade County for the tax rolls. Commissioner Reyes: Okay. We can do that without mentioning the cap. Chair King: That's -- George Wysong (City Attorney): No. Chair King: -- that's what we're doing. That's exactly what we're doing. Commissioner Reyes: If you don't mention the cap, I'll vote for it. But when you mention that you are -- I mean, you are leaving the cap open for increases or decreases, I don't see why. You have all the authority to go and deal with the County. Mr. Noriega: No. No, sir, 1 don't. Chair King: No, he doesn't. Commissioner Reyes: What will give -- Chair King: That's why we have -- Commissioner Reyes: -- you the authority to -- Chair King: -- that's what we're trying to give to him. Commissioner Reyes: Then we'll give you the authority to go and deal with the County without the cap. Chair King: I believe -- hold on a second. Mr. Wysong: Madam. Chair King: I see the City Attorney. Mr. Wysong: Madam Chair, I just wanted to point out that non -ad valorem assessments are treated differently than tax. So, pursuant to Chapter 197.3632, you have to establish the rate, advertise it, and then that goes on the trim bill and ultimately, in a meeting before September 15th. So non -ad valorem assessments have to be resolved on or before September 15th in order to use the uniform collection method. So now we need to come up with a number that we 're going to put in the notice. Chair King: Not today, George. Mr. Wysong: Well, it's got to be done relatively soon. Chair King: But not today. Mr. Wysong: Well -- City of Miami Page 22 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Chair King: Is -- this -- from what we understood this resolution's purpose was, was to give our administrators the authority to start the process. Mr. Noriega: No, it's -- Mr. Wysong: Legally, it sets -- Mr. Noriega: -- it's very clear. When your trim notice goes out from the County, it sets the rate. The non -ad valorem tax rate, it says that the City may, increase it up to this maximum. May, by the way. In the end, you will take action during the budget process and determine, hey, we are inclined to or we're not inclined to increase this at all, but that happens during the budget process. So, in the end, that decision will have to be made by September 15th, which George duly noted. All you're doing is set -- hey, the most the City can charge jrothe solid waste fee is $440. That's exactly what we're doing. But you can choose to keep it at the rate it is now. Chair King: Commissioner Gabela. Commissioner Gabela: Yes. Thank you, Madam Chair. So, two things. Whatever we do, I want to make sure that the senior citizens are exempt. And that I think we agree to. Number two, we haven't changed that cap from 380 in 14 years, I understand, when 1 had my meeting with you guys. And I'm concerned in my area that there's a trash problem, we've been having pickup problems because of the capacity of our services. So at some point we need to do something. We haven 't done anything for 14 years. I --1 spoke with you guys and we brainstormed, and one of the ideas was, hey, instead of picking up four bulk pickups per week, one per week, four per month, why don't we do two per month? That's an idea. Commissioner Reyes: (INAUDIBLE). Commissioner Gabela: The other one, Manolo, was on the recycling. Instead of picking up two times a month, why don't we do one and we can get substantial savings from there. But what I understand full well what he's saying. What he's saying is let's set a cap today, but it's not engraved in stone. I'm prepared to set that cap at 430. Okay, I know you guys wanted 440. I'm prepared to do it at 430. If my colleagues are, I don't know where my colleagues are, but what I want to do is I want -- I don't want to gouge the taxpayer. You guys know how I feel about that. I don't think any of you do either, but you want the services given. I need the services given in my area, for my -- and we get -- so we've got a problem. They're telling us, you know, Solid Waste is telling us they have a problem, a legitimate problem. So we 've got to do something. And whatever we do, I can assure that, you know, from my end, you know, senior citizens are not going to be touched. Those that can't pay, they're not going to be touched. But, again, I reiterate, we've been at 380 stuck for 14 years, okay? We have to do something, either cut services or, you know, increase the dollar amount. And I'll leave it at that. Thank you. Commissioner Reyes: Madam Chair, if -- Chair King: Hold on, Commissioner Reyes. Commissioner Pardo would like to speak. Commissioner Pardo: I'm in favor of exploring revenue alternatives. I'm shocked that for 14 years we've never had an increase. I think -- actually I think that's a little bit irresponsible because what's the County's rate? (COMMENTS MADE OFF THE RECORD) Commissioner Pardo: 547. And our rate? City of Miami Page 23 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Mr. Noriega: 380. Commissioner Pardo: 380. So -- Commissioner Gabela: Yeah, and just so -- Commissioner Pardo -- so -- let me. So, I'd like us to consider other revenue alternatives. We know that we're the lowest municipality. We know that we're kind of putting ourselves in a box on this issue. So 1'd like to see us raise the cap to the recommended amount 440. That doesn't mean it's 440. It doesn't mean it's 430, 420. We can all decide to keep it where we want to if that's the case, but it gives us the maximum ability, if we find information or other considerations. We're -- we're not limiting our options. And that's what 1 would be in favor of. Chair King: Hold on, Commissioner Reyes. Vice Chair? Commissioner Reyes: Yes, I -- I -- Chair King: Hold on, Commissioner Reyes. Vice Chair, do you have? Vice Chair Carollo: 1 do. Can anybody name anything for me that for 14 years, in this particular day and age, the price hasn't gone up in, outside of our garbage fee? If the Administration, or if not the Solid Waste Director, could tell us how much does it cost us to collect garbage, to do the pickups for recycling, and the trash that's thrown out in the streets each year, how much is the total amount that it costs us, including the fees that we have to pay the County where we send that trash to, or the private firm, which goes up every year. And how much do we collect from residents and all other fees in collecting garbage, et cetera? And what is the deficit that we have? Wade Sanders (Solid Waste Director): Okay, Commissioner, the first question that you asked, we have the actual fee for the rate that we were looking at is 797. That 's what we're looking at as far as the deficit that we're in. Vice Chair Carollo: So, you're saying that for us to be even -- Mr. Sanders: Even. Vice Chair Carollo: -- we would have to charge 797. Mr. Sanders: 797. Vice Chair Carollo: Okay. Mr. Sanders: So -- Vice Chair Carollo: So -- Chair King: Or -- Vice Chair Carollo: In millions of dollars, what is the total deficit that we presently have. Commissioner Reyes: 20 million. Vice Chair Carollo: It's more. City of Miami Page 24 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Barbara Hernandez (Assistant City Manager): 20 million point 5. Vice Chair Carollo: How much? Mr. Sanders: 20,000,025. Vice Chair Carollo: 20 million? Mr. Sanders: 25. Vice Chair Carollo: Okay. That's the deficit that we have, which is huge. So, 1 think that you can see that if we raised it even a dollar, or $50, or $60, we're still going to have a huge deficit. And frankly, no one can point a finger at us if that 's what we're doing it for. Now, having said that, let me put the other side of the issue down, which I know that people are going to say that, well, one has nothing to do with the other, but it does. Every year, even though we keep lowering our 'village rate, our tax rates keep going up because the property appraiser keeps evaluating and assessing the properties that we own at a higher amount. Well, that's great that they're worth more, but it's only great for those who want to sell. Those who want to live in their home, in many cases, if you 're elderly, you're being forced to sell and leave your home because they're killing you in taxes. I will tell you that I got hit with a 29 percent increase. Whether my home deserved that or not, or it was a political increase, I don 't know. But that's huge. So, what I'm trying to say is that on one hand, while we do have the cheapest and the most services that we provide in collecting your garbage, your recycling, your trash, than any governmental body, and we have over $20 million in deficit. Our taxpayers are paying a huge amount more each year than we 're collecting on the other end, on the property assessments. So, we have to weigh all that in whatever we do because we also have to be fiscally responsible. And if we're getting a huge increase every year that we're seeing, in what we're bringing in because of higher assessment of properties, we need to do what we 've been doing and using that money to offset that deficit that we have. Does that make sense, what I'm saying? Commissioner Reyes: It does make sense. I mean, we have -- Chair King: Commissioner Reyes? Commissioner Reyes: Yes, it makes a lot of sense. Chair King: I'm winding us down now because we've all had a chance to speak, but for me. But I'm winding us down now. Commissioner Reyes: Okay. It makes a lot of sense. We have a -- I know, I know that we are the lowest, or one of the lowest, I mean, fees in Dade County. I know that, but I believe, yes, we might need to increase some of the fees, but at the same time, what Commissioner Carollo, I think that you took a class in economics, because one thing upset the other. Our taxes have been increasing tremendously. The tax revenues have been increasing tremendously throughout the years. Okay, granted, we are the lowest. That's fine. That is fine. We are the lowest. But if we want to increase the, I mean, the revenues that we are going to receive for people paying for collecting their garbage, Tye have to look at every single source of revenue possible. For example, you have said that -- you told me that -- the -- that you can privatize recycling. You say that? How much are we going to save there? How much we will save or how much extra that we are going to get if we collect front those businesses because apartment buildings are businesses. If we charge them whatever it is, let's say $300, $400, whatever it is, because we are -- I mean, we are picking their bulk trash, we are picking it up, and we 're not charging anything. That's -- those are the things that I City of Miami Page 25 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 want to see before I make a decision. And if the decision comes that we have to increase a certain amount and we do exceptions to people that are over 65, retirees and all of that, 1'd be willing to work with that. But not just like this. Let's raise it to 480. No. No, I think that we have to be professionals. We have to look at every single source of revenue, see, how can we, I mean, reduce that deficit, you see. And once you bring that to me, I mean, I don't know how the other commissioners are going to vote, but I am not going to vote for anything that doesn't -- I mean, doesn't bring to the table a thorough analysis. Chair King: Thank you. Commissioner Gabela: Madam Chair? Chair King: Hold on. Commissioner Pardo had his hand up and then 1 'll recognize Commissioner Gabela and then myself and preferably we will close this discussion. Commissioner Pardo: It's short. I just want to make sure that we do a good job of getting resident feedback on this because we have a weekly bulk trash pickup. There's some municipalities that do it twice a year. I mean, they're getting a really high standard of service and I don 't -- you know, I think in my neighborhood, they are going to -- that weekly bulk trash pickup is essential. I don't know that that's true across the board and 1'd like to see what we get back from residents on the issue. Commissioner Reyes: Yeah, 1 agree with you. Commissioner Gabela: Let me -- Chair King: Commissioner Gabela? Commissioner Gabela: Yeah, let me say this. Before we think of and I for one, I agree with you on this, Manolo, I think what you're trying to say and what I'm saying is that before we do any increases, let make sure that we can cut wherever we can, there's inefficiency. And let me bring one thing up that nobody wants to, you know, I've been told not to do it, but you know what, I'm going to do it. Let's talk about the recycling situation that we have going on, that I understand not only 95 percent of our trash is not recycled, it's not getting done. Only 5 percent is -- is recycled. Now, you know, if we want to say, okay, you know, we're doing this to feel good about ourselves, that's okay. But the reality of the situation, as I've been told, is that the trash that we're picking up in the city of Miami, 95 percent of it, folks, is not recycled. It's not getting recycled. So, maybe we need to look at that and see what's going on there, and again, I reiterate, I'm with you, Manolo. I do not want a tax increase of any sort, or any increase, until we explore all the avenues, you know, until there's no rock unturned and we explore all the avenues' that we can cut from here, from there, you know, to do what you got to do. And I'll just state that for the record. That's all, I'm done. Chair King: Thank you. I agree with my colleagues. I've said this in our briefings. I am concerned about any increase, while I understand that the City hasn't increased their fees in decades. However, we are struggling as a community now. Every single homeowner has received a shortage, an escrow shortage, because the State has not bothered to intervene on behalf of its residents with respect to insurance hikes. Mortgage companies do not care about the politics of Florida and our escrow shortages. They will foreclose on anyone's house. I do not want to see an increase affect our seniors in a way that jeopardizes them or puts them in jeopardy of losing their home. They live on a fixed income, and even a dollar increase would be too much for many of our seniors. And I've expressed this to you in our briefings. I am open to look at alternative sources of revenue, there are even within your department, perhaps, alternative sources to obtain revenue, like the private haulers and that kind City of Miami Page 26 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 of thing, and is why 1 also pulled RE.3 and RE.5 to tie this discussion in. But 1 understand that we're not making a decision today, which is why I'm in favor of moving the item now. May 1 have a motion? Commissioner Gabela: Motion. Chair King: I have a motion. Do I have a second? Vice Chair Carollo: Move. Chair King: To approve this item -- Todd B. Hannon (City Clerk): As is. Chair King: -- as is. Commissioner Reyes: As is. Chair King: As is. Commissioner Pardo: That means without the increase in cap. No, we're not looking at the cap. Whereas the cap is just giving us options. Chair King: Right. Commissioner Pardo: We're not increasing the rate. Chair King: Let's have the -- Commissioner Gabela: So -- so now I thought -- Chair King: -- Administration weigh in instead of us trying to guess at what the cap is. Mr. Noriega: Okay, so the request was to amend the item to increase the cap to 440. That's what the request was. So we hope that would be the motion to -- Commissioner Gabela: But it is not engraved in stone today. Mr. Noriega: No, it's just increasing the cap -- Commissioner Gabela: It's just a number that we're using as a baseline. Mr. Noriega: -- ultimately as a body during the budget process and ahead of that September 15th deadline, the Commission will make a decision, and the decision may very, well we want to leave it the same based on additional information we provide to you from here to then, and then -- Chair King: Okay, so -- Commissioner Gabela: So, based on my motion, I'm making it on what he just said. Chair King: Okay, so the item before us now -- Commissioner Gabela: Based on the 440 baseline. City of Miami Page 27 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Chair King: -- is to approve with the amendment to take the cap to 440. That 's what we are voting on. Do I have a motion? Commissioner Gabela: Motion. Chair King: Do I have a second? Commissioner Pardo: Second. Chair King: I have a motion and a second. Vice Chair? Vice Chair Carollo: I have a final request that I need from the Administration. What is our cost per year on the pickup for recycling only? Mr. Sanders: Commissioner; I'm working on those numbers. I don't have those numbers right before me, but I'm working on those numbers. We had it in a previous presentation. Vice Chair Carollo: Come on, you guys should have those numbers easily. Mr. Sanders: But I had it in a previous presentation. I just don't have that before me, but I have those numbers. Vice Chair Carollo: Approximately how much do you think it is? Mr. Sanders: About $3 million, $4 million, because that's what we're looking for -- Vice Chair Carollo: Three to four. Mr. Sanders: $4 million. Vice Chair Carollo: 4 million. Mr. Sanders: Yes. Vice Chair Carollo: Okay, $4 million. Mr. Sanders: Approximately. Vice Chair Carollo: Okay. Approximately. Have you calculated the $60 that you have asked as a possibility, how much more revenue will that bring us a year? Mr. Sanders: So, Commissioner, speaking with each and every one of you, and hearing the different ways of trying to reduce this fee, we're asking that you just give us the opportunity to go back, bring back some of the suggestions that were made to u s. Vice Chair Carollo: I understand that, but my question is different than what you're telling me. My question is, the $60 potential increase, if we were to charge the full $60, how much more revenue would that bring us? Mr. Noriega: Wade, take the presentation, and if you'll look, there's increases that were made (UNINTELLIGIBLE). Mr. Sanders: I'm looking at it now. Mr. Noriega: You're going to have to just do some modifying math. City of Miami Page 28 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Ms. Hernandez: It's about $3.5 million. Vice Chair Carollo: You guys are going to have to be a little more prepared if you want for us to approve money. Commissioner Gabela: Well, $60 multiplied by how many users, right? Ms. Hernandez: Right. It's about 3 -- Vice Chair Carollo: Well, 1 don't know that. Ms. Hernandez: -- approximately $3.5 million. Mr. Sanders: Yeah. Chair King: Approximately. Mr. Sanders: Right. Ms. Hernandez: Approximately. Vice Chair Carollo: Okay. It's approximately $3.5 million, you think. Okay, now, out of all the service that we provide, the one that if we cut back on is going to be the least harmful will be recycling. Instead of having one pickup of recycling each week, if we go to every other week -- Ms. Hernandez: That's currently what it's at today. Vice Chair Carollo: Excuse me? Ms. Hernandez: It's every -- yes, it's twice a month right now. Vice Chair Carollo: We have it twice a month. Ms. Hernandez: Recycling is twice a month, yes. Vice Chair Carollo: So even if you bring it to once a month, on recycling, that cuts the approximate $4 million to $2 million. So, you don't need the whole 60 amount, you need about $25 then instead of 60, if you would do that. Chair King: So, I believe what staff is trying to say is that they will do all of these calculations and give us different projections based on the feedback that we have given them. Mr. Sanders: That we got from you all. Chair King: They're just right now asking that we approve the item as amended. Vice Chair Carollo: I understand that, but I want them, in particular, in the recycling, to come back to us on this one, because I think this is one area that we, I believe, will have consensus in. Mr. Sanders: Okay. Chair King: Okay. So I have a motion and a second. All in favor? Commissioner Gabela: Aye. City of Miami Page 29 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Vice Chair Carollo: Aye. Commissioner Pardo: Ave. Chair King: Aye. Commissioner Reyes: No. Chair King: With one nay. Thank you. Mr. Hannon: As amended. Chair King: As amended. Ms. Hernandez: Thank you. Mr. Sanders: Thank you. Vice Chair Carollo: Again, until this comes back to this body for the budget approval for the next fiscal year, nothing is set in stone. Mr. Noriega: Nothing. Chair King: Correct. Mr. Noriega: Nothing is set. Commissioner Reyes: And if may add -- Chair King: Commissioner Reyes? Commissioner Reyes: Through the Chair, if I may add, please, because this is not the first time that I have been asking about a thorough analysis of different revenues that we have -- we could receive. I've been -- I've been -- this same question, I've been asking since I got elected. How can we increase our revenues? Who -- I mean, how? Privatizing recycling, whatever. But bring us -- bring us some solutions. You see, a thorough analysis of what -- how -- what is going on and how can we do it. I don't want to place the burden on the back of our residents, particularly those retirees that they are living as a -- the -- Madam Chair says that they live in a fixed income and everything hurts them, you see. Chair King: Right. City of Miami Page 30 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 RE.3 RESOLUTION 16222 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER") FOR CONSIDERATION AT THE GENERAL ELECTION SCHEDULED FOR NOVEMBER 5, 2024, PROPOSING, UPON APPROVAL OF THE ELECTORATE, AND OTHER CONDITIONS THE CITY MAY REQUIRE, TO AMEND SECTION 29-C OF THE CHARTER, TITLED "WATSON ISLAND," TO AUTHORIZE THE CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE CITY MANAGER, FOR FAIR MARKET VALUE, TO NEGOTIATE AND EXECUTE FIRST AMENDMENTS TO THE MASTER DEVELOPMENT AGREEMENT, RETAIL COMPONENT GROUND LEASE, PARKING COMPONENT GROUND LEASE AND THE AMENDED AND RESTATED MIXED USE PROJECT DECLARATION ("AGREEMENTS") WITH THE EXISTING LESSEE, BH3 IG DEVELOPER, LLC, TO EXTEND THE TERM OF THE LEASE TO A TOTAL OF NINETY NINE (99) YEARS, TO PERMIT CONDOMINIUM FORM OF OWNERSHIP, AND TO PROVIDE FOR OFFICE SPACE AS A PERMITTED USE, WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER EXISTING CITY RIGHTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Reyes NAYS: Pardo Note for the Record: Item RE.3 was deferred to the July 11, 2024, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number RE.3, please see "Public Comment for all Item (s). " Chair King: So, with RE.3 and 5, I pulled those because it piggybacks on what we are talking about. These two projects have the potential to bring a substantial amount of revenue to the city. And in our last Commission meeting, there was a debate about the Omni CRA (Community Redevelopment Agency) and the need for Allapattah. District 5 also has needs, and we need to identify other sources of revenue to assist our communities in thriving. We cannot have pockets of extreme wealth in our community when there are pockets of extreme poverty that are not going addressed. So, I am not in favor of RE.3 or RE.5 unless we can carve out a significant benefits -- community benefits package for our community. You know, I'm all for improving spaces. However, we cannot continue to do so, and the poor communities in the city of Miami go unaddressed. The issues go unaddressed. So I will not be in favor of RE.3 or RE.5 unless there's a significant community benefits package agreed upon. And perhaps we could look at some of the projected revenue coming from either of these projects, and I understand that they are separate projects. They're not combined. One is the Jungle Island project and one is the Watson Island project, and I understand that. However, I have to continue to advocate for my community, and it's not just my community, City of Miami Page 31 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 because 1 think maybe there would be a path forward to identifying revenue for our issue with the solid waste fee increase. Commissioner Reyes: Sure. Chair King: Maybe this is an avenue for that. Commissioner Reyes: Absolutely. Chair King: But I want to make it clear that without Administration, the applicant, carving out a community benefits agreement that is suitable, 1 don't even want to move forward with this because I understand my authority in negotiating, and this is as best a time as ever because I will have your attention. And I don't intend for me to be extremely happy with our negotiation, nor do 1 expect the applicants to be happy with the negotiation, but if we can meet somewhere in the middle, I believe the residents of Miami will prosper. And that is my intent. I will open the floor up to my colleagues. I see Commissioner Reyes has his hand up. Commissioner Reyes: Yes, and I -- I agree with you that we have to look for every kind of revenues that we can obtain to -- I mean, try to improve the quality of life of districts that they are in need. But remember, Madam Chair, it's not only 1 and 5, it's also 3 and 4, they -- that they -- Chair King: I'm including -- Commissioner Reyes: -- that they need -- Chair King: I'm including you as well. Commissioner Reyes: Okay. Chair King: I'm -- the entire city -- Commissioner Reyes: Because there are pockets -- Chair King: Yes. Commissioner Reyes: -- of poverty -- Chair King: Yes. Commissioner Reyes: -- and -- and also -- in all those districts. And that is why I think that we have to spread the wealth. Chair King: I agree. I believe Commissioner Pardo 's hand. Commissioner Pardo: I just wanted to add that that comment takes different form in different districts. Commissioner Reyes: Yes. Commissioner Pardo: You can look at Watson Island, you can look at the urban core and the state of the infrastructure is horrific. That's where -- that's where you're seeing a lot of the enormous flooding problems, a lot of the traffic problems, a lot of the growth problems. We just keep adding density, but we're not dealing with any of those. So, we also need to And those concerns. Iris Escarra: Madam Chair, if I may, after your discussion. City of Miami Page 32 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Chair King: Let me see f any of my -- Commissioner Gabela? Commissioner Gabela: No, I'm agreeing with -- I'm listening to all of you and yes, I'm on board with what Commissioner Pardo said and of course we want the benefits for our neighbors, right? How this is also, I imagine you're talking about impact fees and other fees collected to be distributed. Chair King: Not only. Commissioner Gabela: Well get to that, but no, that's all 1 have to say. Chair King: Vice Chair? Vice Chair Carollo: I heard what you said, and there are ways of looking at it. That's certainly one way. And then the next step would be if there are community of Brings, how we go about it. And look, while it'd be nice to say we split it evenly in each district, I think we have to look at where the biggest needs are. And if we go by the traditional way that we would do it, I think District 5 would be number one, District 1, I think right now would probably be number two, District 3 would be next, District 4 would be close to District 3, and District 2 is the one with the least poverty. So that's - Commissioner Pardo: Madam Chair? Chair King: 1 believe -- Commissioner Pardo: Just -- I have to say something. I mean, come on. Really? Commissioner Reyes: (INAUDIBLE). Commissioner Pardo: Like, really? Chair King: You know it's true, Commissioner Pardo, you know it's true. (MULTIPLE PARTIES SPEAKING IN UNISON) Chair King: But in my statement -- Commissioner Pardo: I would like to -- Chair King: Right, but in my statement, I included the entire city of Miami, in so doing when I referenced the solid waste fees, that doesn't just impact District 5, or District 1, or 3, or 2, it impacts the entire community. So, I'm not looking at this as a grab only for my district, I'm thinking about the entirety of the city of Miami. In addition to, yes, there are districts that have extreme pockets of poverty, District 5 being probably number one, District 1 being number two, and so forth, just like Vice Chair suggested. But I want everyone to understand that I'm not just going to blanket approve these projects without consideration for the entirety of the city of Miami. And I believe the applicants would like to speak. I'll recognize -- Commissioner Pardo: But can I just say one thing before you recognize them? Chair King: Oh, I'm sorry. Commissioner Pardo: Thank you. Chair King: I'm sorry. I apologize. Go ahead. City of Miami Page 33 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Commissioner Pardo: Thank you. District 2 we know is a donor district, right? So 70 plus percent of revenue for the whole city comes from District 2. District 2 already is subsidizing every single district based on its tax base. But District 2 is the urban core, and any kind of economic collapse of that urban core because we all transit through downtown, we all transit through Brickell, we are all using the infrastructure that's available in that area, and if that area collapses we all collapse. So when we talk about the areas of needs we also need to put them in these different, you know, perspectives so that we really realize that we have this one area that really isn't doing well and that's the urban core. Chair King: Ms. Escarra. Ms. Escarra: Good afternoon. Good morning, everyone. Iris Escarra with offices at 333 Southeast 2nd Avenue. I'm here on behalf of BH3 IG Developer, which is the Watson Island on the south side of the causeway. I'm here to answer any questions, but 1 did want to make sure that we put into -- a statement into the record that we are committed to enhancing our public benefits package to benefit all the communities, all the districts and so forth. So we stand committed and if you would indulge us, Madam Chair, the item today is a directive to bring that back. And we are committed to negotiating over the next 30 days or so, like before July 25th, to bring back a benefits package you would all be proud of. So, 1 thank you and I'm here to answer any questions you may have but I wanted to let you know we are committed to enhancing. We have a benefits package, because we have an old lease, but however, we're committed to enhancing it and bringing it forward to make you all -- and I'm happy to meet with all your district -- your offices and so forth, and gather information to that end. Chair King: Thank you. Mr. Kasdin, how are vou? Neisen Kasdin: Good morning, Madam Chair, members of the Commission. Neisen. Kasdin, with Akerman LLP (Limited Liability Partnership). I represent ESJLeasehold and Echoresiliency with regard to item RE.5. And this proposed ballot item would be to enter into a sale or lease of only the 5.4 acres of the existing 18.7 acres on Watson Island that is encumbered by a lease. I do want to point this out. Today there is a lease that encumbers all of the 18.7 acres on the north side of Watson Island. This proposal would do two very significant things, I should say three in light of the Chair's remarks. Number one, 13.3 of those acres will be returned to the public as a public waterfront park paid for by the developers. 13.3 acres. The remaining 5.4 acres, on which is already approved a hotel as well, would instead become a place for residential development. Significantly less intense uses. So we will have 13.3 acres of public park heretofore, which the City doesn't have, a less intense residential development with limited commercial attendant to it, and significantly, much, much more revenue to the City of Miami. And we are committed, Commissioner King and other members of the Commission, to have those revenues benefit each and every sector of the city that is in need. And we will certainly engage with the City in a robust benefits package that will benefit the entirety of the city. So you have our commitment. We're dealing -- we're working with your staff now. And as Iris said, within 30 days, we should have a package I think everyone will be happy with, will benefit the City -- Commissioner Pardo: And the public beach. Mr. Kasdin: -- and the public. Right, I mean, this is, on top of everything else, this public park that's being created in the center of the city, waterfront park, will be for every resident, and all public benefit. But the revenue derived from this proposal will be able to benefit other neighborhoods as well in significant ways. City of Miami Page 34 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Chair King: Okay, so 1 just want to make sure that 1 am clear and it is on the record that 1 am looking for a community benefits package that will be specific to District 5 as well as the residents of the city of Miami. Ms. Escarra: Loud and clear, Madam Chair. Chair King: Okay. Commissioner Reyes: Yes. Chair King: Do any of my colleagues want to have --? Commissioner Reyes: 1 just want to reiterate one thing that Mr. Kasdin said. What we're doing here, we are not -- we are just changing the use of that land that has been already -- it is -- I mean, it is leased, right? Mr. Kasdin: It is leased. Commissioner Reyes: It is leased already. And the only thing that we're doing is changing it. And for once, in my opinion, I look at it and we are going to, at last, we're going to have a full development of Watson Island. Commissioner Pardo: Yep. Mr. Kasdin: Yes, sir, that is correct. Commissioner Reyes: I mean, we have done it piecemeal. And every time that we get one of these actors out (UNINTELLIGIBLE), we haven't been too happy with them. So this is a comprehensive development of Watson Island that is long overdue. Mr. Kasdin: Yes, sir, that is correct. And with the largest portion by far going back to the public -- Commissioner Reyes: Back to the public. Mr. Kasdin: -- for its use. As you and I can remember when we were young kids when we would go to Watson Island. Commissioner Reyes: Yeah, I remember. And I have my scares there, too. Chair King: Is there anyone else, any one of my colleagues that would like to make a statement? Vice Chair? Vice Chair Carollo: I'd like to ask a question of the City Attorney and then ask a question of Neisen. In what we are being asked to approve this here today, is it clear that this will then come back to us at the last meeting of July? George Wysong (City Attorney): Yes, sir. The way the Charter amendment process is set forth in the City Code, we have this first resolution directing us to prepare a question and bring it back. Vice Chair Carollo: Okay. Mr. Wysong: And so nothing happens unless the actual act of placing it on the ballot and approving the question will be in that second July meeting. Vice Chair Carollo: Right. City of Miami Page 35 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Chair King: So for me, 1 would prefer to defer the item to the next commission meeting. It still gives you time, but at least we would have fleshed out the community benefits because 1 don't want to operate on someone else's timeline. The community is not on a timeline, and I want to make sure that the community is benefiting before I commit to even taking this step. I would like to defer the item until the first meeting in July so that administration, the applicants, as well as my colleagues have an opportunity to view where you are because right now all we have is conversations. I don 't have anything in stone. I don't have anything close to an agreement, so I don't believe that deferring this item until our first meeting in July would be detrimental to the process. Am I correct, Mr. City Attorney? Mr. Wysong: You could -- you could defer it and it wouldn't affect the process. Chair King: Thank you. Mr. Wysong: It tightens it up a little bit but -- Ms. Escarra: If I may, Madam Chair, if I could just interject one moment. We have the holiday week coming up next week, so we have -- we'll be having a shortened period of time to be able to meet with everybody because we have July 4th, it's kind of like in the middle of the week. Chair King: Well, you know, you guys should have maybe brought this before. It -- the timing was not my idea. 1 am saying that before I vote on this item, 1 would like some indication of what we have come together to create these community benefits. There is no detriment to these projects going on the ballot by deferring the item to July -- to the first meeting in July. However, it does send a clear message that this body is concerned and adamant about having a genuine community benefits agreement in place before we move forward. And I don't know if my colleagues will support me on that. Commissioner Gabela: May I --? Chair King: Commissioner Gabela. Commissioner Gabela: Madam Chair, if I can -- thank you, ma'am. So look, I share your concern. But in light that, George, that if we did this today, this is not engraved in stone, they have to come back to us, right? Mr. Wysong: Yes, sir. Commissioner Gabela: At that point, if we were not in agreement with anything they had to say their offer, right then and there it dies, right? This is not passing anything, this is not -- you know, this is purely -- Mr. Wysong: Right. Commissioner Gabela: -- them getting the ball rolling. Mr. Wysong: The critical date is the 2nd meeting of July. Commissioner Gabela: I'm asking. And I share the Chairwoman's concern, by the way. Mr. Wysong: Yeah. So I agree with what you said. I just wanted to mention that the critical date is the second meeting in July. The county elections supervisor says that they won't accept questions after Friday, July 26th. Our meeting is on Thursday, July City of Miami Page 36 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 25th. So, so long as we approve the question on Thursday, July 25th, it can make the ballot. If it doesn't make that time frame, then we're looking at a different election. Commissioner Gabela: Can I just ask --? Vice Chair Carollo: Special election. Commissioner Gabela: Yeah, in light of what he said, how does this -- how does doing what the chairwoman is proffering, how is that a nuisance to you guys? Ms. Escarra: If 1 may, I can tell you. We hear you, Chairwoman, and all the members of the Commission, loud and clear on the public benefits package and we stand committed to making sure that we will be bringing each one of you our benefits package for discussion before that item. So while 1 understand, Chairwoman, you want to send us a message, we got your message already. It's loud and clear and we are committed to making sure that we do such. We would just ask if this item can please advance like that. We know our time frame and it actually applies even triple the pressure on us to make sure that we meet that deadline timely because we have to get those items on your backup agenda for that July 25th item. Mr. Kasdin: Chair? Commissioner Reyes: Through the Chair? Madam Chair? Chair King: Hold on, hold on. Commissioner Reyes. Commissioner Reyes: Okay, thank you, Madam Chair. You see, I agree with you that we need a commitment, a firm commitment for benefits that, as you clearly stated. But my only fear is that by -- if we, let's say, defer this, it gives us less time than when they come with the package of benefits. And if we don't agree with it, and the argument that will definitely come about, we have less time to reach an agreement and then vote in favor or against it. You see, I believe we should -- Chair King: I don't think so. I don't think so. I think it gives us more time because they'll come back. I hope that we'd have everything resolved first meeting in July, or 90 percent resolved in the first meeting in July. We pass it, everything moves. But I'm here for the will of the body. I think it would be more prudent for us to defer the item and allow them to come to us so we would have something because that way we move forward. But again, it's the will of this body. Nothing happens if we defer the item. It does not jeopardize the items going before the ballot, but it also lets our applicants know that we are we are committed to seeing a community benefits package. I'm going to let Mr. Kasdin speak. Mr. Kasdin: Madam Chair, but just note though that -- that this is only direction to draft the ballot language. This is not approving the ballot language. This has, I think, historically been the path that the City has recommended, that you give direction to draft it, but you're not approving the ballot language, nor are you approving the agreements. Chair King: I understand, and if it was that simple, we wouldn't be having so much commentary about it. If it was that simple, because you guys want us to move forward with it, and again, you know, based on your argument, nothing happened. Ms. Escarra: It's actually the opportunity to come back to you. The item today is just giving us the opportunity. Vice Chair Carollo: The -- City of Miami Page 37 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Chair King: I'm going to allow my vice chair to speak. Vice Chair Carollo: Chair, 1 believe you have made a motion. I'll second that motion. Let me say this, that the City Attorney and together with the City Manager, they're smart guys, that's why we have them there. They can as easily be drafting, if they don't have it done already, which I would have to think they probably do have it drafted, whatever wording we need to place both of these items on the November ballot. So I don't see the harm in bringing this back in the first meeting in July, then we vote on it in the second meeting in July. If would see the harm in that, I might feel differently about it, because 1 do feel that this should go on in the November election. That's when you get most people that go out and vote. So you're going to have the maximum amount of city of Miami citizens that will vote on this. Having said that, the present owners of the parcel that you represent, Neisen, not Madam Attorney, they had committed at one of the previous meetings where they kept coming back to get breaks into the millions of dollars from the City because otherwise they would go broke and we would not get anything they would say? You remember that. Okay. And I predicted that something like this would happen, and here we are. They had committed that they were going to maintain forever the Japanese garden on your side of Watson Island. What is your project envisioned for where the Japanese garden sits now? Is that going to be part of your development, part of the park, or what? And if it's not part of the development side, are you going to keep that commitment that we had to maintaining that from here on? Mr. Kasdin: Commissioner, that is a part of the discussion we are having with the City staff right now, including potential funding for renovation of that garden. So that's part of our discussion. Vice Chair Carollo: And that should be part of your benefits package. Mr. Kasdin: Yes, sir. Vice Chair Carollo: That you give. The other aspect is, and we can look at it as part of a benefits package also, the maintenance of the new park that we're going to have. Mr. Kasdin: Absolutely. Vice Chair Carollo: It's great to hear that all of this has always been a park. It's been a dust bowl in the past. It became a park when Bernard Levine took it over and made it into a real attraction that people enjoyed, and then after he sold his lease to the present owners, it's been back to nothing, speculation. So to hear that we're going to have a real park 13 plus acres, it's going to take an ecological outlook to it. I find that exciting and something that our residents are truly going to enjoy. Plus, I think it's a plus that you're building away from the water line. That's another plus, for many reasons. Not only are you going to be further away from neighbors than Venetian Isle, but the whole waterfront will be available to the public. That's a big plus. So I, you know, I personally need answers to those questions. Mr. Kasdin: Commissioner, you will see that ongoing maintenance and payment for it is first and foremost one of the items in the agreement. Vice Chair Carollo: Okay. Mr. Kasdin: Understood. Vice Chair Carollo: Alright. City of Miami Page 38 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Commissioner Gabela: Madam Chair, through you, so you know what, 1 happen to -- I'm going to agree with you and use prudency here because I think there's worry here, you know, and like 1 said, if it doesn't damage them, why not? So I'm going to be voting -- Chair King: So, Commissioner Pardo wants to say, just so on the record, there's a motion to defer and I have a second to defer the item to the first meeting in July. Commissioner Pardo? Commissioner Pardo: So I've heard two things pretty clearly. Number one, you got our message. Ms. Escarra: Oh yeah, yeah. It's like lightning. Commissioner Pardo: I get that. Ms. Escarra: It's coming through. We got your message. Commissioner Pardo: I get that. Number two, you 'd also like the flexibility of working around the holiday -- Ms. Escarra: Yes, please. Commissioner Pardo: -- to be able to work through it. As the sponsor of the item, I would rather that we do not defer this, but would you agree to come and give an update at our next meeting? Ms. Escarra: Definitely. Mr. Kasdin: Absolutely. Ms. Escarra: Definitely. We're happy to do that and present to the board where we are so that there's almost like a preview before July 25th. Chair King: So I'm firm -- Commissioner Reyes: Okay. Chair King: -- with the deferment so that's on the floor. There's a motion and a second to defer the item to the July 1st -- the first meeting in July. I have a motion and a second. All in favor? Vice Chair Carollo: Aye. Chair King: Aye. Commissioner Gabela: Ave. Todd B. Hannon (City Clerk): And that is for RE.3 and RE.5 to July 11 th. Chair King: Yes. So, I don't know how -- it's three? Commissioner Reyes, how did you vote? Commissioner Reyes: Yes. Chair King: It's 'bur? City of Miami Page 39 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Commissioner Pardo: One no. Chair King: 4-1. 4-1. Thank you. Thank you. Mr. Kasdin: Thank you. Commissioner Gabela: The first ofJuly? Chair King: The first meeting in July. And the next item before us is RE.6. Ms. Escarra: Madam Chair, if I niay ask a question for your indulgence. If we are done by July 11 th, which we hope to be, with all the package, could the directive also be that the item be put on the July 11 th as a placeholder? So if the package is correct, we can also have the ballot question and the other items together? Chair King: You could work that out with the administration. Ms. Escarra: Right. So I just want to make sure the City Attorney, if he's okay with that, hopefully it works. We are local, so well be here every day. I'm available like right after this. So we'll get started right away. Commissioner Reyes: What -- Mr. Wysong: Are you saying put the actual ballot language question on the llth? Mr. Kasdin: The directive. Do you mean the directive? This motion? Commissioner Reyes: That's what I -- Mr. Wysong: Yeah. We'll carry -- it's being deferred. Commissioner Reyes: Excuse -- Chair King: Right, so it's carrying over to the first meeting. Ms. Kasdin: This motion. Commissioner Reyes: Right. Ms. Escarra: I'm just saying the ballot item, if it could -- since if we're going to -- on July 11 th, if we can move up from the 25th to the 11 th -- Mr. Wysong: The print deadline is Tuesday for that item so I don't know if -- Ms. Escarra: Understood. Mr. Wysong: -- we have the time to work all that out. Commissioner Reyes: Madam Chair, now that we have deferred this, but I am afraid of a timeline. Can we give a directive to the City Attorney to start working on the language that should be -- is going to be placed on the ballot and have it ready for next commission meeting? Chair King: George? Mr. Wysong: So, we -- I mean, we -- it has to be done by Tuesday, so we could get it done, but it's going to require -- there's some -- I don't know if they'll have the time -- City of Miami Page 40 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Commissioner Reyes: Well, at least we need a draft. Mr. Wysong: -- to discuss the public benefits by Tuesday. Commissioner Reyes: We need to know what is going to go on the ballot. Mr. Wysong: Yeah. Commissioner Reyes: My fear is that we are going to run out of time to place it in the ballot. And in order to gain time, I am giving you a directive to start working on the language. Mr. Wysong: Yeah, we're already working on the language. Commissioner Reyes: Or start working on the language? Chair King: They're already doing that. They're already doing that. Commissioner Reyes: Okay. Chair King: So, let's move along, RE (Resolution) -- let's move along. RE.6. Ms. Escarra: Thank you very much. Chair King: Thank you. Vice Chair Carollo: How did I know that, George? RE.4 RESOLUTION 16231 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TWO (2) WEEK TEMPORARY EVENT LIMITATION PER YEAR FOR THE PRIVATE PROPERTY LOCATED AT 1361 NORTHEAST 1 AVENUE, MIAMI, FLORIDA PURSUANT TO CHAPTER 62/ARTICLE XIII/DIVISION 1/SECTION 62-521(6)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/TEMPORARY EVENT PERMITS/TEMPORARY EVENTS IN GENERAL," TO ALLOW FOR PADEL X, PADEL BALL EVENTS TO CONTINUE FOR AN ADDITIONAL SIX (6) MONTHS AFTER AUGUST 26, 2024. ENACTMENT NUMBER: R-24-0245 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Gentlemen, in our RE (Resolution) items, are there any items that you wish to pull for discussion? RE.1, 2, 3, 4, 5, 6? I'm sorry, not RE.1, that's a mitigation. Of any of the RE items, are there any items that you would like to pull for discussion? City of Miami Page 41 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Commissioner Reyes: (INAUDIBLE) on the RE.2, Solid Waste assessment, it's kept flat, right? Chair King: I -- Arthur Noriega (City Manager): I'm -- I'm going to propose an amendment. Chair King: -- there's a presentation for RE.2? Mr. Noriega: Not a presentation, just a request for an amendment to that item. Chair King: Okay. So, we're going to pull RE.2 -- Commissioner Reyes: Okay. Chair King: -- just -- Vice Chair Carollo: (INAUDIBLE) I don't need to pull it, I just like to find out on RE.4, what is it that they're doing on that lot. Commissioner Reyes: Yeah. Commissioner Pardo: (UNINTELLIGIBLE). Vice Chair Carollo: You're the sponsor of that. Commissioner Pardo: Yeah, I know, we're just re -- renewing it. Vice Chair Carollo: Right, you're renewing, but -- Commissioner Pardo: For another six months. Vice Chair Carollo: -- what is it that is being done there? Commissioner Pardo: It's pickleball. Vice Chair Carollo: Excuse me? Commissioner Reyes: Pickleball. Vice Chair Carollo: Pickleball. Commissioner Pardo: It's pickleball. Vice Chair Carollo: Oh, okay. Commissioner Pardo: But it's called Padel. Vice Chair Carollo: Alright. Chair King: Padel. Okay, I'd like to pull RE.3 and RE.5 for discussion. Commissioner Reyes: Okay. Chair King: So, may I have a motion to pass RE.4, it seems, and -- RE.4, because I'd like to also discuss -- City of Miami Page 42 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Commissioner Gabela: Motion. Chair King: -- RE.6. Commissioner Gabela: Motion. Chair King: So may I have a -- I have a motion, for RE.4. Commissioner Pardo: Second. Chair King: 1 have a second. All in favor? The Commission (Collectively): Aye. Chair King: RE.4 passes unanimously. RE.5 RESOLUTION 16232 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER") FOR CONSIDERATION AT THE GENERAL ELECTION SCHEDULED FOR NOVEMBER 5, 2024, PROPOSING, UPON APPROVAL OF THE ELECTORATE AND OTHER CONDITIONS THE CITY MAY REQUIRE, TO AMEND SECTION 29- C OF THE CHARTER, TITLED "WATSON ISLAND," TO AUTHORIZE THE CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE THE CONVEYANCE OF 5.4 ACRES OF THAT CERTAIN PROPERTY LOCATED AT 1111 PARROT JUNGLE TRAIL ("PROPERTY") FOR FAIR MARKET VALUE TO ECORESILIENCY MIAMI, LLC, FOR RESIDENTIAL AND COMMERCIAL USES, SUBJECT, BUT NOT LIMITED TO, COMPLETION OF PROPERTY APPRAISALS, CANCELLATION OF THE EXISTING LEASE, PAYMENTS TO CITY, AND DEVELOPMENT OF A NEW 13.3 ACRE PUBLIC WATERFRONT PARK ON THE REMAINDER OF PROPERTY AT NO COST TO THE CITY, WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER EXISTING CITY RIGHTS, AS MORE PARTICULARLY DESCRIBED HEREINBELOW. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Reyes NAYS: Pardo Note for the Record: Item RE.5 was deferred to the July 11, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.5, please see "Public Comment for all Item(s)" and Item Number RE.3. City of Miami Page 43 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 RE.6 RESOLUTION 16125 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION SUSPENDING THE UPFRONT PAYMENT OF LEGAL FEES FOR CURRENT AND FORMER ELECTED OFFICIALS; DIRECTING THE CITY ATTORNEY TO REVIEW ALL CURRENT AND FUTURE ENGAGEMENTS INVOLVING ELECTED OFFICIALS REPRESENTED BY OUTSIDE COUNSEL AND TO BRING FORTH SUCH ENGAGEMENTS FOR CITY COMMISSION AUTHORIZATION ON A CASE -BY -CASE BASIS; FURTHER DIRECTING THE CITY ATTORNEY TO ENGAGE OUTSIDE INSURANCE COVERAGE COUNSEL TO DEFEND THE CITY AND ITS EMPLOYEES AGAINST THE CLAIMS BROUGHT BY QBE SPECIALTY INSURANCE COMPANY V. CITY OF MIAMI, ET AL.; DIRECTING THE CITY MANAGER TO COLLABORATE WITH THE CITY'S INSURANCE BROKER TO EVALUATE WHETHER IT IS FINANCIALLY PRUDENT AND FEASIBLE TO OBTAIN NEW PUBLIC OFFICIALS & EMPLOYMENT PRACTICE AND LAW ENFORCEMENT LIABILITY POLICIES WITH AN ALTERNATE INSURANCE CARRIER AND TO PRESENT HIS FINDINGS WITHIN NINETY (90) DAYS FROM THE DATE OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item RE.6 was deferred to the September 26, 2024, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number RE.6, please see "Public Comment for all Item(s)." Chair King: So RE.6, does anyone want to have discussion on this item? I can tell you again my position as it was before. It will be the same today. I am not in support of this item. Again, I am not interested in giving up any right that I have as a public servant that the Florida Supreme Court has recognized. I again want to have my colleagues subtract any actors that has prompted this resolution. The staff and public officials, we are variables, X, algebraic variable X. I am not interested in upfronting legal fees if someone attempts to sue me in my capacity as an elected official. I'm not interested in being reimbursed. I am a practitioner and as a practitioner understand this better than most. Anyone can come and sue us a number of times in our capacity and I'm not willing to represent -- have to represent myself with an onslaught of lawsuits. I'm just not going to do that. I am the only one up here that probably can represent myself and then charge the City the highest fee for a practitioner -- Commissioner Reyes: Madam Chair? Chair King: -- and get the City Attorney to pay for me. So again, I'm putting on the record I'm not in support of this. This flies in the face of the Florida Statutes as well as opinions from the Florida Supreme Court. Commissioner Reyes, you're recognized. City of Miami Page 44 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Commissioner Reyes: That's right. Let me make clear that this does not preclude, I mean, doesn't prohibit the City Attorney to represent or look for representation. The only thing that we are doing here, and I want the City Attorney to clarify, there has been -- there's going to be some -- that there is some modifications to the original in order to make it more clear, and nobody is going to be left hanging. As a matter of fact, I am being sued. I am being sued. Told everybody that it is now being sued. It 's not going to be -- what we want to do is stop the bleeding and find out what, at least give them some sort of limit on how much are we spending, how many attorneys do we get, what's the hourly cost that we're paying, you see? Try to limit it and try to stop the bleeding because we have spent so much money. And trying to define once and for all, you see, what's going on with our outside consulting. And another question that I have asked, why do we have so much outside consulting when we have a legal department? Chair King: So, I -- I don't have -- Commissioner Reyes: Okay, can you please listen to him? Chair King: Right, I don 't have -- I don 't take an issue with us getting reports, but I do take issue with us creating ordinances that apply retroactive or are in effect immediately and affects people negatively that are currently in the situation. If we want to look forward again, I'in not going to support anything that would require that I pay upfront fees -- Commissioner Reyes: No. Chair King: -- to represent myself but I'm also not in favor of stopping in the middle of representation and having someone have to figure that out, not for our staff because this is bigger than us. This is bigger than myself. This affects staff. And I cannot imagine requiring staff to have to pay for legal fees and then get reimbursed. We are not considering what that toll would be on a family who is working for the city of Miami, not to mention public servants. It has a chilling effect. Commissioner Reyes: Madam, it doesn't affect staff Chair King: It actually does, because in the language it says employees as well. In the ordinance, in the resolution, it references employees as well. Commissioner Reyes: But the only thing that I'm trying to do is to get some -- get a handle on how we are spending our money. And Mr. Wysong, could you please clam all the concerns that Madam City -- Madam Chair has? George Wysong (City Attorney): Yes, sir. You presented a substitution to the original version and let me just sort of outline what the substituted language says. If this were to be adopted, it would have immediate effect and it would suspend the upfront payment of legal fees for current and former elected officials in cases where outside counsel is required due to conflicts of interest. And you added, except in emergencies as defined by the City Attorney, any outstanding legal fees incurred prior to the effective date of this resolution will be paid. The next section is the City Attorney is directed to review and recommend within 60 days from the date of this resolution whether to continue such engagements on a case -by -case basis. The next section says the City Attorney is further directed to review future cases involving current or former elected officials that require outside counsel due to conflicts of interest and recommend whether to engage outside counsel, including estimated costs, and to proceed if there are no objections from the City Commission, except in emergencies as determined by the City Attorney. And then lastly, this resolution would direct the City to collaborate with the City's insurance broker to evaluate whether it's City of Miami Page 45 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 financially prudent and feasible to obtain new public and employment practice coverage with an alternate insurance carrier and to present findings within 90 days from the date of the resolution. Chair King: So that is in effect what said. It's going to affect current and future and employees are included. It says so right here. Wherein, QBE seeks declaration, has no duty to defend and indemnify the City and its elected officials and employees. I'm not going to be in favor of that. Commissioner Gabela? Commissioner Gabela: So I'd like to weigh in because if remember correctly, I think 1 proposed something along these lines back in January when 1 was told it wasn't a good idea. You know, you even said it at the time again. You know, and 1 abided and I said, you know, what I'm trying to do is similar to what you're trying to do, you know, to get a handle on what's really going on. You know, but at the same time, you know, what -- you know, what I would urge, you know, if this body has an appetite for it, you know, to go over this, give us a little bit more time to go over this, you know, the requirements, and maybe defer it. Commissioner Reyes: Absolutely, absolutely. Commissioner Gabela: You know, I don't know what changed from January to now that, you know, because 1 proposed it in January, ifl remember correctly -- Commissioner Reyes: Okay. Commissioner Gabela: -- and I was told nobody had the appetite to do it, or you did, I think you voted for me, or with me, but nobody else did. But at any rate, I think, you know, I'd like to go over -- I'm not saying it's a bad idea, or what I'm saying is for me, give me a chance to digest it. Commissioner Reyes: I accept that we might defer this, but I want to know that -- I want everybody to know that we must get a handle on the way that we are paving our outside counsel. Commissioner Gabela: Absolutely. Commissioner Reyes: You see, we have to get a handle because the way that it has been going has cost us millions and millions and millions of dollars. You see, and it is very dangerous now. Nobody wants even to, I mean, our insurance company said no more, you see? No more. And my intention, it is not to leave anybody out without any proper legal representation, but to get a handle on expenditures. Get a handle on expenditures. That is my main concern. It is not what you propose to go back and look at what has been done. It is in the future. Let's get a handle on how our money is spent on outside counsel and the need for outside counsel too, you see. Chair King: Well, I believe that is a report versus what is attempted in this resolution. I'm going to allow Mr. Vice Chair. Vice Chair Carollo: Madam City Attorney, we received the new resolution yesterday afternoon. My chief of staff wasn't able to get a hold of me until late in the evening when I first got it. And I believe Commissioner Gabela is correct. We do need more time for all of us to look at this carefully, digest it. And ifI may suggest a deferment, if Tye could defer it to the last meeting in July so that we have sufficient time to digest it. I don't want to get into it now and waste more time -- Chair King: Okay. City of Miami Page 46 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Vice Chair Carollo: -- but 1 passed for all of you to have already Supreme Court of Florida law from I990 that includes additional laws from the Third District Court of Appeals right here and additional Supreme Court laws that clearly state that Florida courts have long recognized that public officials are entitled to legal representation at public expense to defend themselves against litigation, et cetera, et cetera. So it's not the time to go any further. I think we should all look at that, study it, and we bring it back to the last meeting in July and deal with it. Commissioner Reyes: Madam Chair? Chair King: Hold on a second. Commissioner Pardo would like to say something. Commissioner Pardo: Yeah, I'm also in favor of the deferral. And I want to make a distinction. I do believe if you're a City employee or you're an elected official, you should be defended -- Commissioner Reyes: Absolutely. Commissioner Pardo: -- and the cost should be incurred because there are a lot of frivolous lawsuits, and I don't think anyone should be placed in that position. On the other hand, if there has been action outside the scope of our responsibilities, whether elected or not, then 1 think the taxpayers shouldn't be bearing that burden, especially if there's been a court that has made a determination. So I just think that those, you know, both of those situations we should consider as we move forward with the deferral. Commissioner Reyes: Madam Chair -- and Mr. City Attorney, could you clarify the part of the -- of the employees? And also, I do understand, Madam Chair, that there is a statute, a state statute, that requires the City or the organization, the public organization, to provide legal assistance or pay for the attorneys of any employee or elected official that while working as a -- according to the position, they have made a decision and they have been sued by a person, the affected party. What I want to know now, Mr. City Attorney, is I want to make the distinction between employees and what we -- and elected officials. Mr. Wysong: Yes, sir. It was your intention -- Section 2 only applies to current and former elected officials in cases where -- current and former elected officials. Madam Chair is correct that one of the whereas clauses mentions the QBE lawsuit. Since we've already resolved the QBE lawsuit, we'll go ahead and remove that whereas clause to avoid any confusion as to who 's covered, but the legislation as drafted is intended to really only relate to former and current elected officials. Commissioner Reyes: I -- Madam Chair, I make a motion to move it to September. Commissioner Gabela: Second. Chair King: I have a motion and a second to move the item to the first meeting in September or the last? Commissioner Reyes: The last meeting. The last meeting. Chair King: The last meeting. Commissioner Reyes: So we have time -- Chair King: Time, yes. City of Miami Page 47 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Commissioner Reyes: -- to go over and reach an agreement because that's what we have to -- we have to strive for. Chair King: Okay. Commissioner Reyes: Reach an agreement and try to improve the way that we've been doing business. Chair King: So I have a motion and a second on the floor to defer this item to the last meeting in September. Todd B. Hannon (City Clerk): September 26. Chair King: All in favor? The Commission (Collectively): Aye. RE.7 RESOLUTION 16246 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE RECONSTRUCTION AND RELOCATION AGREEMENT BETWEEN THE CITY OF MIAMI AND SDE MEDIA, LLC, IN SUBSTANTIALLY THE ATTACHED FORM. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number RE.7, please see "Order of the Day." END OF RESOLUTIONS City of Miami Page 48 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 15994 Commissioners and Mayor AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 2/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/CODE ENFORCEMENT," MORE PARTICULARLY BY REINSTATING SECTION 2-830 OF THE CITY CODE, TITLED "ALTERNATE CODE ENFORCEMENT SYSTEM," PROVIDING FOR AN ALTERNATE CODE ENFORCEMENT SYSTEM THAT GIVES SPECIAL MAGISTRATES THE SAME AUTHORITY AS THE CODE ENFORCEMENT BOARD TO HOLD HEARINGS AND IMPOSE FINES, COST, LIENS, AND OTHER NON -CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY CODE; PROVIDING FOR THE QUALIFICATIONS, APPOINTMENT, POWERS, COMPENSATION, AND RETENTION OF SPECIAL MAGISTRATES; AND TO AMEND SECTION 2-817(b)(3) OF THE CITY CODE PERTAINING TO IRREPARABLE OR IRREVERSIBLE VIOLATION FINES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14291 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: So, we are now at our second reading items. Mr. City Attorney, would you please read in to the record the titles of SR.1 and SR.2 for our consideration? George Wysong (City Attorney): Yes, Madam Chair. SR.1. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: Second Reading 2. The Ordinance was read by title into the public record by the City Attorney. Chair King: Thank you. Do I have a motion for SR.1 and SR.2? Commissioner Gabela: Motion. Chair King: I have a motion and a second. Vice Chair Carollo: I'm sorry. Commissioner Pardo: And Madam Chair, if I could just be co-sponsor on SR.2 as well. Chair King: Okay. City of Miami Page 49 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Mr. Wysong: Madain Chair, and a slight modification to SR.1 on behalf of the administration. Within the language of the ordinance, it says a cap of five special magistrates. They want to change that to a minimum of five magistrates. And the second change we'd like to make is there's a section that says the fines may be reduced as determined, recommended by City Attorney's designee, City Manager's designee, and CEB (Code Enforcement Board) magistrate. City Attorney's designee should not be involved in that process so we want to eliminate that. So those two minor changes on SR.1. Chair King: So it would be SR.1 as amended. Would anyone like to speak on these items or are we ready to move them? Vice Chair Carollo: If we could just hold off for a second, Chairman. How many magistrates are we anticipating hiring for this? Barbara Hernandez: Good afternoon, Commissioner. Barbie Hernandez, Assistant City Manager. We're looking at a minimum right now of five per your request at the February 22nd Commission meeting. We are starting at five, but we can go all the way up to whatever you all feel. That item will be coming back in front of you to approve all the special magistrates at a later date before we move forward on combining the special magistrate boards with -- alongside the -- Vice Chair Carollo: How are we going about in picking the magistrates? Ms. Hernandez: So we're putting that together. It's one of the things that you requested at the February 22nd is making sure that they have background checks, that they're not related to anybody in the City, that they have a legal background. Those kind of requirements are going to be in -- input in there. Vice Chair Carollo: What is the backlog that we have now, to the Code Director? Robert Santos-Alborna (Director, Code Compliance): Good morning, Vice Chair. Last time I did the assessment, it was close to 1,000, probably in the 700 margin, somewhere around there. That includes extensions of time last evening because we have very complex cases. Half the docket could not be heard. Vice Chair Carollo: How long do you think it might take to bring you up to date? Mr. Santos-Alborna: Four to six months. Vice Chair Carollo: Okay. Could you bring this back for discussion after a six-month period to see where we're at? Mr. Santos-Alborna: Sure, Vice Chair Carollo: And how is progress? Mr. Santos-Alborna: That's an option. Vice Chair Carollo: Okay. Mr. Santos-Alborna: The idea was to have magistrates assist with some of the cases that are simpler extensions of time, which allows for the deep dive into some of the cases that are hotly contested. And that was the goal, but yes, we could proceed as you wish. City of Miami Page 50 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Vice Chair Carollo: What 1 don't want to see is partially what was going on before, that regular residents that didn't have expediters, attorneys, were getting the brunt of the fines and those with commercial properties or bigger sized properties were going through the magistrates instead of the Code Enforcement Board. Mr. Santos-Alborna: Understood. Vice Chair Carollo: And they were being dealt with very, very lenient in comparison to local residents. That's why what I'm asking is in six months' time to bring it back Jrodiscussion and for a report of how it went in those six months. Hopefully, you'll be up to date. Mr. Santos-Alborna: We could do that. I'm going to tell you as a policy process, one of the things I want to do is to have a day dedicated for mitigations where we pay specific attention to the mitigations with all the details as opposed to a smorgasbord that we have now. Because right now, it's new cases, extensions of time, mitigations, all together, along with life safety and repeat violations. So it 's a -- Vice Chair Carollo: That could make sense, yeah. Mr. Santos-Alborna: I'd like to bring some -- Vice Chair Carollo: That would make sense. Mr. Santos-Alborna: --.control. Vice Chair Carollo: Yeah. So you have the same type of cases. Mr. Santos-Alborna: Yes, sir. Vice Chair Carollo: Yeah. Mr. Santos-Alborna: And mitigations, when we start that way, clearly what it would do, it sets the tone. We sometimes, often, they want to re -hear the case, and no, we don't hear de novo, we hear the reasons that prevented them. And it creates a better control. So that's part of the plan. Vice Chair Carollo: Okay. Commissioner Gabela: Robert. Mr. Santos-Alborna: Yes, sir. Commissioner Gabela: I'm sorry, as the maker of the motion, six months' time, would that be adequate to see a substantial, if it changed or not, one way or the other, or do you need more --? Mr. Santos-Alborna: Assuming all things remain the same, we have quorum, we hear the cases. Commissioner Gabela: So pertaining to -- Mr. Santos-Alborna: We would -- I would believe that we would be able to catch up. The concern is there are things that are unprecedented. Yesterday was a very, very, challenging day. City of Miami Page 51 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Vice Chair Carollo: I'm not holding you to that timetable. All that I'm saying, Commissioner, is for him to come back, give us a report in six months. Commissioner Gabela: That's fine. Vice Chair Carollo: Let's see how we're doing. If it's working well, even if we're caught up, you know, we might want to leave it like it is. That's all that I'm saying. Commissioner Gabela: I agree. Mr. Santos-Alborna: Yes, sir. Be happy to. Vice Chair Carollo: Thankyou. Mr. Santos-Alborna: Thankyou. Vice Chair Carollo: There's a motion, there's a second. Chair King: Wait, I see the City Attorney leaning forward, which means -- Mr. Wysong: Yeah, so -- Chair King: -- he has something to say. Mr. Wysong: -- the City Clerk and 1 were asking, Mr. Vice Chair, is it to -- are you modifying the legislation to require the report in six months? Or is it a separate direction to have the administration --? Vice Chair Carollo: I thought it was a separate direction -- Mr. Wysong: Okay. Vice Chair Carollo: -- but if you want to include it, Commissioner Gabela, we can include it. Commissioner Gabela: That's fine, we can include it. Vice Chair Carollo: Okay, you know, it's only to come back and give us a report in six months. Mr. Wysong: Yes, thank you. Vice Chair Carollo: Okay. Commissioner Gabela: We're ready for a motion. Vice Chair Carollo: Alright. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Mr. Hannon: SR.1 being amended. Chair King: Yes. City of Miami Page 52 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 SR.2 ORDINANCE Second Reading 15680 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37/SECTION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "OFFENSES — MISCELLANEOUS/MALICIOUS DEFACEMENT, MARKING, ETC., OF REAL PROPERTY," TO PROVIDE FOR AUTHORITY OF CODE COMPLIANCE DEPARTMENT TO MANAGE THE GRAFFITI MITIGATION PROGRAM AND ADD OTHER REQUIREMENTS FOR PARTICIPATION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14292 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number SR.2, please see Item Number SR.l. END OF SECOND READING ORDINANCES 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: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes City of Miami Page 53 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 FR.2 ORDINANCE First Reading 16245 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2/SECTION 2-212 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING, AND ZONING DEPARTMENT/RESERVED," TO CREATE A SECTION, TITLED "CERTIFICATE OF RE -OCCUPANCY FOR SINGLE- FAMILY RESIDENCES PRIOR TO RESALE," TO ALLOW FOR INSPECTIONS BY THE CITY OF MIAMI CODE COMPLIANCE DEPARTMENT TO DETERMINE WHETHER ANY CURRENT ZONING VIOLATIONS EXIST ON THE PROPERTY AND TO DETERMINE IF THE PROPERTY USAGE IS AS ALLOWED BY LAW; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR A THIRTY DAY EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item FR.2 was deferred to the September 26, 2024, City Commission Meeting. Chair King: There is a discussion item, external auditors. Commissioner Gabela: No, that's been -- that was taken off. Chair King: That was taken off? Look at that. Todd B. Hannon (City Clerk): DI. 1 is still in play. And we still have FR.2. Chair King: Yeah, that's not -- okay. George Wysong (City Attorney): The auditor is still here to make a -- Commissioner Gabela: But didn't you -- you guys deferred that? Chair King: No. Mr. Wysong: No, not the discussion item. It's a different item. Chair King: It's a different item. Commissioner Gabela: Okay. Chair King: Right, okay. I keep copious notes. Good afternoon. Is it still morning or is it afternoon? Vice Chair Carollo: FR.2 is taken out? Chair King: It's afternoon now. Commissioner Reyes: No, FR.2, we have -- City of Miami Page 54 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Chair King: Good afternoon. Commissioner Reyes: Madam Chair, FR.2? Chair King: It was deferred. Vice Chair Carollo: What was deferred? Commissioner Reyes: FR.1 was deferred. Chair King: No, both of them. Oh, oh, I'm sorry. FR.2 is in play. Commissioner Reyes: It's in play. Vice Chair Carollo: It is in play. Chair King: Okay. Hold on a second. We have FR.2 in play. Mr. City Attorney, would you please read --? Mr. Wysong: No, I think you -- I never want to correct you, Madam Chair, but I think you mean -- Chair King: Of course, it's fine. Mr. Wysong: -- SR.2. SR.2 and FR.2 are both still -- Chair King: No. Commissioner Gabela: No, we voted -- yeah, we did. Chair King: We did SR. 1 and 2. Commissioner Gabela: Yes, correct. Commissioner Reyes: FR.2. Chair King: Yes, we did SR.1 and 2. Mr. Wysong.• And that's why I don 't correct you. Chair King: Now, F -- okay, FR.2 now needs to be read into the record, the title. Mr. Wysong: Thank you, Madam Chair. FR.2. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: Madam Chair? Chair King: Commissioner Reyes. Commissioner Reyes: Yes, I am the proponent of this, the sponsor of this ordinance. Okay. The thing is that by experience, and I had that experience when I was part of the Code Enforcement Board. That -- and also, I had very bad experience on properties that are being sold as income -generating properties when they are in single-family homes. And what happens is that when here comes a buyer and he buys that property, and then it is found in violation later on, when he conies before the City of Miami Page 55 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Code Enforcement Board and say, 1 bought it like that, the typical, typical answer is, you bought yourself a problem, you see. You bought yourself a problem. What I want to do is to try. and -- well, I met --1 had a meeting with the Board of Realtors. 1 had a meeting with them and they are willing to work. You see, this is not cast in stone. This is just the first step. So we're going to be working together and seeing how can we protect the consumers. This is a consumer protection ordinance. Any property owner or buyer is a consumer, and sometimes they are misled. And in order to avoid misleading and avoid the consumers -- I have seen many couples that they have put together their savings into purchasing a house, a home, see? And then they go through the process, the title search and all of that. The title search don't tell you that there is a violation, or they have made that property into four units when it was supposed to be one unit. It doesn't say that. And then they come back to -- before the board with a tremendous fine, and the answer is, you bought yourself a problem. You see, 1 think that we have to work together with the Board of Realtors and see how can we provide some, some protection to people that are going to buy those properties before the purchase is finalized. And this is the idea of this. Now, between first and second reading, we can talk and we can -- and we are going to -- I mean, I'm going to be working close to -- if we pass this, I'm going to be working very close to the board -- with the Board of Realtors and anybody that has any questions, anybody that has any concerns, it could be ironed out and if we cannot, well, then we don't vote for it in the second reading, okay? Chair King: So 1 do have concerns about this legislation. 1 believe it will have a chilling effect. The City of Miami Gardens has a similar ordinance in play. Commissioner Reyes: (UNINTELLIGIBLE). Chair King: And they -- it's a disaster the way it's operating. I would request a deferral so that you could work on this and we can work on -- we can look at this in more detail. When someone purchases a home or purchases property, particularly if someone is purchasing a home, they have to get clear title. But you will -- yes, they have to have clear title for it to move. The only way that a purchaser would not know about these liens and the violations is if they buy the property as is. And with this ordinance, I would not be able to buy a property as is and take on the responsibilities. I believe that while it is well-intentioned, it will have a chilling effect, perhaps cause even the City to be sued because you're interfering with my right to purchase real estate without an encumbrance. And if I want to buy a property as is, and I enter into a contract and says, I assume all rights and responsibilities of this property, that is my right. This will be taken away -- Commissioner Reyes: No. Chair King: -- with this. Yes, it will. Commissioner Reyes: No, it doesn't preclude you. It doesn 't preclude you. Chair King: No, it requires -- Commissioner Reyes: Hold on a second. Hold on a -- Chair King: No, because it requires that the City has -- real estate transactions are time sensitive, time sensitive, and it will require the City come out, do an inspection, and give an okay. I don't need the City to tell me I can purchase a property as is, and that's what your legislation will do. Commissioner Reyes: Well, that's when you purchase -- when you are not misled. But because most of the times, most of the times, I'm going to give you a simple example. City of Miami Page 56 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Simple example. You have a terrace that you built without permit, you see? There's no permit. And you build it beautiful, beautiful in the backyard. And that does not show on the title search. You purchase that house, as is, you purchase that house, and nobody comes and point to you, listen, this is illegal and you will have to tear it down or you're going to be fined, okay? That's what I'm trying to protect. And it doesn't preclude you -- hold on a second, ma'am -- doesn't preclude you from buying it as a buyer. You can say, okay, I'll buy it and I'll fix it. Fantastic. We are not interfering with the sale. What we are doing is pointing out to the buyer, this is going on, you are buying yourself a problem, and I want you to be aware that you could have a problem in the future. Chair King: 1 understand what -- yes. Commissioner Reyes: Because we cannot preclude a sale. Chair King: I understand what you're saying. That would be financially burdensome on the City because now we're going to have to find staff to do these inspections unnecessarily, because the buyer and the seller -- buyers have to get an inspection and an inspector would be able to give the same information but not at the City's expense. Yes, I've spoken to the realtors -- Commissioner Reyes: No, not if you charge a fee for inspection, no. Chair King: The fees -- but then you're adding an additional cost because the bank requires an inspection and then the City's going to require an inspection. So now you have double inspections, but you have to wait for the City to get around to your inspection. We can't even pick up garbage properly. How are we going to make sure that every person and when people start losing their escrow because they haven't closed in time. Now we're going to have people coming at us because we're holding up a real estate transaction. Commissioner Reyes: Ma'am, ma'am -- Chair King: I'm just saying that I believe this legislation, well-intentioned, has a chilling effect that hasn't been thought out. Commissioner Reyes: It is ten cities in the county that have it. Ten cities do have it, and Hialeah has it, and we have to look for -- what we're doing is we are just pointing out the violations that they are in the house and we can limit the violations that we're looking for, like an addition that has been made without permit that sooner or later is going to be caught and is going to cost them. You see, we are not precluding them. We are just pointing out, listen, this is this type of violation. And what we can do between now and the second reading is to limit the violations that we are looking for and how it's going to be -- Chair King: I'm -- Commissioner Reyes: Let me give you an anecdote. Let me give you an example. You see, in Flagami, there was a house that it was divided in nine units. It was divided -- a big house, and it was advertised as an income -generating property. At the time before the property value increased that much in Flaganii, they were asking $1.4 million for the property because it was an income -generating property. We caught it because of the advertisement. And this is a true story. This is a true story. Where the Code Enforcement went, everybody went over there, and the answer from the realtor, because there are bad apples and there are good apples in every single profession, the answer was, wait until we close, and then you do what you have to do, you see? Can you imagine if you have purchased that? Can you imagine if you have purchased City of Miami Page 57 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 that and nobody took a look at it? Because the (UNINTELLIGIBLE) -- I mean, the search, the title search, it looks for additional --1 mean, if they have liens and all of that, but not for violations. Can you imagine if you have purchased that? Chair King: A search -- Commissioner Reyes: -- I think it's very cold and cold-hearted. Chair King: I understand. A search -- Commissioner Reyes: (UNINTELLIGIBLE). Chair King: If you build an addition illegally, the property description will not match what the property appraiser has. So there are checks and balances. I'm going to let my other colleague speak, Commissioner Gabela. Commissioner Gabela: Yeah, look, this is more -- we'd be creating more red tape, we're opening up a can of worms, you know, this is going to be a problem. I say let the market take care of the market, granted that there are -- well intentioned and granted that what Manolo's talking about does exist, okay, but this is going to be more, more problems, you know. I don't think -- Commissioner Reyes: Well, we're here to solve problems. Chair King: Commissioner Reyes, let him speak and 1 think, Vice Chair, would you like to speak after him? Vice Chair Carollo: I might. Chair King: Okay. I'm going to let Commissioner Gabela -- Commissioner Reyes: I'in just going to answer this. Chair King: Let -- let -- wait, hold on. Let Commissioner Gabela speak and then let us get to -- and Commissioner Pardo wants to speak and let us all have our say. Commissioner Gabela: So look, if I wanted to buy a piece of property and I don't need financing I can go and buy that piece of property without an inspection if I wanted to, okay. And if you're going to get financing then you need an inspection. And I think, you know, we're not stupid here, nobody's stupid out there, that you go to a house and, you know, you're going to inspect it, you know, you're going to know that there's an efficiency, if it looks like an efficiency, it doesn't look like an efficiency that's properly done or not. I don't think we need to be more government intrusion into people's lives, like what you said, Madam Chairwoman, that, you know, now I'm going to buy a piece of property, and now I've got to get the City to sign off on it? You know what I mean? No. I don't think this is needed. This will create a can of worms, lawsuits left and right. I think it will have more problems than what it solves. And it's going to generate more problems for us because we've got to have more people out there on this thing. And so I'm totally against this, with all due respect to the Commissioner. Chair King: Commissioner Pardo? Commissioner Pardo: I think we're putting the cart before the horse a little bit here because we 're going into a lot of detail, but Commissioner Reyes, you said you would be meeting with the Board of Realtors. City of Miami Page 58 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Commissioner Reyes: Yes. Commissioner Pardo: I would be very interested. I do think there is a consumer protection element here. Commissioner Reyes: That's what it is. Commissioner Pardo: And I would be just interested to hear what the Board of Realtors, how they weigh in, because obviously they want smooth transactions. They don't want to see things -- so I'd like to see -- I really would like to see what comes back. Commissioner Reyes: Madam Chair, if1 may add. Chair King: Let's let Vice Chair speak as well. Commissioner Reyes: No, he doesn't need to speak. I know what he -- I'm sorry. Chair King: Go ahead. Vice Chair Carollo: How do you know what I'm going to say? Commissioner Reyes: Because 1 know you. Vice Chair Carollo: Okay, well, I think you have a great idea here. See? You're surprised? Commissioner Reyes: No, I'm not. Vice Chair Carollo: Well, then you should be, because on this one, I don't think you have such a great idea. With all due respect, let me see where I can begin because there's so much here. One, let's look at the constitutional protection that every resident have from government's intrusion into their home. What rights do residents have under the Constitution? They have a lot of rights. We're creating a law to force, whether they like it or not, residents of this city to have to open their doors to government to go into their own house without a warrant. You're going to get lawsuits there. Secondly, as I understand it, this ordinance is only looking at single- family residence. Well, how about duplexes? You can 't divide duplexes the same way? Of course. Triplex, townhomes, condominiums even, and of course, commercial and business property in the city. So are we going to be discriminating to the single-family homeowner? Some would think so. There's another lawsuit. And then I think the first people that would admit that we don't have a sufficiently trained force in Code Enforcement would be Code Enforcement, but I could tell you that we don't for this kind of job. We sent a Code Enforcement officer to go through a home, and they miss this, this, this, and that, and then down the road, if the City goes at that homeowner, they're going to say, well, wait a minute, here my certificate, everything was fine, and they're going to turn around and sue the City. So, for a commission that wants to avoid all these expenses in attorneys ' fees, we're creating a whole bunch of potentials fir lawsuits here that are going to come. The argument -- and Commissioner Gabela alluded to that and he's correct -- if you walk into a home that you know is zoned single family, and you see that it's divided into rooms all over the place, or a couple with doors going out the other way. You know, people can see it right through, unless they're buying it from Dubai, unseen. But in today's world, you know, you could look at it through cameras, everything. Whoever is buying a property is going to know if they have subdivided it in a residential area, and if they did, it 's illegal. The real estate profession, they have multiple listing. In the multiple listing contracts, people that are selling their homes under oath have to sign everything about the property. City of Miami Page 59 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Buyers have the opportunity to have the home inspected, and in those inspections, it could include some of the areas that you brought up that they can look into. Granted, many of us are at fault because we wanted to save a few dollars in closing, and we don 't do that, and then we find out that something was done without permits, and then we bought it. But that was our choice in the beginning if we wanted to do the inspections or not. You know, it's called free market. I just find it difficult, beyond everything that I've expressed here and a ton of other things that, you know, I'm not going to take up more time, to approve an ordinance that is going to force residents against their constitutional rights to have to open the door for government to go into their homes without a warrant. And -- Commissioner Reyes: Madam Chair? Vice Chair Carollo: -- the last time this came up, I think it was Commissioner Gort that tried to look at that and he quickly decided from what he saw that it was not the right thing to do. So I can't go along with this here. I think it's going to create so many more problems than we have. Commissioner Reyes: Okay. Vice Chair Carollo: And it's going to hurt the city of Miami -- let me finish, Commissioner, please. Commissioner Reyes: (FOREIGN LANGUAGE). Vice Chair Carollo: It's going to hurt the City of Miami, and its tax base, where many people that come to buy in the city, that's more expensive already than just about anywhere else, because we 're closer to the job markets where you don't have to drive for an hour in the morning, an hour or more at night. So for property that's more expensive already, if we're going to be creating all these additional hurdles where people can't close, that it becomes a nightmare to try to sell a piece of property, I think it's going to hurt our tax base tremendously. And you know, that's what I feel. Commissioner Reyes: Okay, you finished? Vice Chair Carollo: And I respect -- I respect your opinion. Yes, thank you. Chair King: Commissioner Reyes? Commissioner Reyes: Let me -- let me -- Chair King: Okay, two minutes, two minutes because we've talked about this. Commissioner Reyes: Listen, you -- I mean, you should give him -- Chair King: No. Commissioner Reyes: -- two minutes, too. Chair King: No, no, I let you speak. We all spoke on this, and now we 're wrapping it up. Commissioner Reyes: Okay, I'm going to be -- you know, I'm very short all the time, and I get to the point. You see, what I'm trying to do here is to base on experience. I remember a neighbor of mine that a long time ago, they built all kinds of different, I mean, additions. Once they -- he bought -- sold the house, the people that bought the house, they lost half of their value because they have to demolish everything that was built there. That's what I'm trying to avoid. And constitutional right, well, I have a list City of Miami Page 60 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 of 11 cities that they're doing and requiring that, so they are violating everybody's constitution. You see, they are violating, and that 's something that they -- 1 mean, buyers there have to -- Chair King: We got it. Commissioner Reyes: -- (UNINTELLIGIBLE). And I want to -- I mean, again, I want to reiterate that this does not preclude the sale from being -- from taking place. What this does is inform the buyer that it is a problem, that they can -- they have to take care of it, and if they agree to buy it like that, that's their problem. But at least point it out. And that's called consumer protection. Chair King: I understand. 1 believe this body is prepared to vote on this item unless you would like -- Commissioner Reyes: Sure. Chair King: -- to reconsider and defer it and work on it a little bit, because I'm not prepared to support it. Commissioner Reyes: Well, let's defer it. I move to defer and let me work with the Board of Realtors because they, as a matter offact, they were open to this. Commissioner Pardo: I second it. Chair King: Right. So 1 have a motion -- Vice Chair Carollo: Second. Chair King: -- and a second. Vice Chair Carollo: For the last meeting in September. Commissioner Reyes: Last meeting in September. Chair King: For the last meeting in September. All in favor? The Commission (Collectively): Aye. Chair King: The motion -- the item is deferred to the last meeting in December. That brings us to -- Todd B. Hannon (City Clerk): Just for clarification, that's September. Chair King: I'm sorry, September. Vice Chair Carollo: Didn't I say December? Commissioner Reyes: You said December. Chair King: You said December? Commissioner Reyes: He said December. (INAUDIBLE). Chair King: September. September. We -- looking at the time, we have a CRA (Community Redevelopment Agency) meeting. It won't be long. Would you like to break for the CRA meeting or do you want to continue and try to go through everything? We have the PZ (Planning and Zoning) items and the -- City of Miami Page 61 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 Vice Chair Carollo: No, 1 need to -- Chair King: Okay, so we'll break. Vice Chair Carollo: Yeah, take a break. Chair King: Okay, because I want to get to the -- Vice Chair Carollo: Which CRAs do we have? Chair King: -- CRA. It's the Overtown -- Southeast Overtown/Park West CRA meeting. It won't take long. It's only a few items on there and then we'll break for lunch and come back, have our one discussion item and the PZ items, which we should be able to wrap up fairly quickly. Vice Chair Carollo: Okay. Chair King: So yeah, yeah, yeah. So, at this time, we are going to recess the City of Miami Commission meeting for June 27, 2024, and we will return approximately two hours after the CRA meeting concludes -- Vice Chair Carollo: Okay. Chair King: -- which we should conclude the CRA meeting before 1 o 'clock, I believe. Thank you all. END OF FIRST READING ORDINANCES City of Miami Page 62 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 DI.1 15888 Department of Finance DI - DISCUSSION ITEM DISCUSSION ITEM A DISCUSSION OF THE MIAMI CITY COMMISSION REGARDING THE CITY'S EXTERNAL AUDITORS, RSM US LLP, TO THE MAYOR AND CITY COMMISSION OF THE CITY'S 2023 COMPREHENSIVE ANNUAL FINANCIAL REPORT, SINGLE AUDIT, AND MANAGEMENT LETTER. RESULT: DISCUSSED Chair King: At this time, I'm going to go back to Discussion Item 1. I believe there 's a presentation. Please step forward. Bob Feldman: Madam Chair, fellow commissioners, my name is Bob Feldman. I'm a partner at RSM. I'm here to report the results of your external audit. The objective of our external audit was the rendering of an opinion on your financial statements. I'm very happy to say that we ended up issuing an unmodified or what we call clean opinion. It's the highest level of assurance that we can provide on the Citv's financial statements. The City has financial integrity principles that require a certain amount of designated and unassigned fund balance that you meet. I'm very happy to report again that the City met that requirement. Part of the requirements, obviously, the City receives federal and state grants, so as part of our testing as well, I'm happy to report that we had no findings relating to any of that testing, which is great news. The Auditor General for the state requires us to issue a management letter to the City. Again, that management letter had absolutely no findings, as it did last year as well. The only last two things, we didn't have any significant issues that we identified through the audit process. We had no issues or disagreements with management. And the last thing I just wanted to say is, you know, you all have a very, very, very tremendous finance team. It really made the audit process extremely efficient and we're extremely appreciative. So that's it. Chair King: Thank you. END OF DISCUSSION ITEM City of Miami Page 63 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE First Reading 13878 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 1121, 1127, 1133, 1141, 1149, 1157, 1213, 1219, 1227, 1229, AND 1235 NORTHWEST 1 PLACE; 132, 139, AND 145 NORTHWEST 12 STREET; 140 NORTHWEST 13 ST; AND 1118, 1126, 1134, 1142, 1212, 1218, 1228, AND 1238 NORTHWEST 1 COURT, MIAMI, FLORIDA, 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: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number PZ.1, please see "Order of the Day." City of Miami Page 64 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 PZ.2 ORDINANCE First Reading 14675 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 "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "COMMERCIAL RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 171 NORTHEAST 42 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number PZ.2, please see "Order of the Day." PZ.3 ORDINANCE First Reading 14676 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, BY CHANGING THE ZONING CLASSIFICATION FROM "T3- 0," SUB -URBAN ZONE — OPEN, TO "CS," CIVIC SPACE ZONE, OF THE PROPERTY GENERALLY LOCATED AT 171 NORTHEAST 42 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER ACCEPTING THE PUBLIC ACCESS EASEMENT AND MAINTENANCE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number PZ.3, please see "Order of the Day." City of Miami Page 65 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 PZ.4 ORDINANCE First Reading 15938 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 MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 185 NORTHEAST 59 STREET AND 175 NORTHEAST 59 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item PZ.4 was deferred to the July 11, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.4, please see "Order of the Day." PZ.5 ORDINANCE First Reading 15939 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, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R," URBAN CENTER TRANSECT ZONE — RESTRICTED, TO "T5-O," URBAN CENTER TRANSECT ZONE - OPEN, OF THE PROPERTY GENERALLY LOCATED AT 185 NORTHEAST 59 STREET AND 175 NORTHEAST 59 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item PZ.5 was deferred to the July 11, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.5, please see "Order of the Day." City of Miami Page 66 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 PZ.6 ORDINANCE First Reading 14197 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE"1) SPECIFICALLY BY AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES," TO UPDATE THE WAIVERS SUMMARY LIST AND AMENDING APPENDIX A, TITLED "NEIGHBORHOOD CONSERVATION DISTRICT" ("NCD"), TO MODIFY THE REQUIREMENTS FOR PROPOSED DEMOLITIONS WITHIN THE NCD; 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: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Chair King: (INAUDIBLE) for June 27th, 2024. Although 1 do not have a quorum Mr. City Attorney, 1 believe you can read the titles into the record for the PZ (Planning and Zoning) items that remain while we wait for our colleagues? George Wysong (City Attorney): Absolutely, Madam Chair. All right, the first item I have is 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: PZ.11. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: And finally, PZ.12. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): And Mr. City Attorney, or Mr. Planning Director, I believe there's a substitution, for PZ.12, so it's going to be amended on the floor. City of Miami Page 67 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 David Snow (Director, Planning): Correct. Chair King: Sorry, what did you say? Mr. Hannon: So, essentially, PZ.12, there's a substitution memo distributed June 26, 2024, so PZ.12 will be amended on the floor. Chair King: So it would be as amended? Mr. Hannon: PZ.12, yes. Chair King: Thank you, Mr. City Attorney. [Later...] Chair King: At this time, may I have a motion to approve PZ items PZ.6, 7, 8, 9, 10, 11, and 12 as amended? Commissioner Gabela: Motion. Commissioner Pardo: Second. Chair King: So 1 have a motion and a second. Is there any item that we would like to discuss? All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. And this concludes the City of Miami Commission meeting for June 27th, 2024. Thank you all for participating. See you again in a couple of weeks. City of Miami Page 68 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 PZ.7 ORDINANCE Second Reading 15936 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 MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 2600, 2610, AND 2620 SOUTHWEST 27 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14293 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.7, please see Item Number PZ.6. PZ.8 ORDINANCE Second Reading 15937 Department of Planning and Zoning 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 "T4-R," GENERAL URBAN TRANSECT ZONE — RESTRICTED, TO "T4-O," GENERAL URBAN TRANSECT ZONE — OPEN, OF THE PROPERTY GENERALLY LOCATED AT 2600, 2610, AND 2620 SOUTHWEST 27 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: 14294 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.8, please see Item Number PZ.6. City of Miami Page 69 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 PZ.9 ORDINANCE First Reading 16100 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 AT 7924 NORTHEAST 2 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: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.9, please see Item Number PZ.6. PZ.10 ORDINANCE First Reading 16101 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, 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 7924 NORTHEAST 2 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: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.10, please see Item Number PZ.6. City of Miami Page 70 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 PZ.11 ORDINANCE First Reading 16172 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS SUBJECT TO SECTION 163.3184, FLORIDA STATUTES, BY AMENDING THE FUTURE LAND USE MAP INTERPRETATION FOR THE DUPLEX RESIDENTIAL FUTURE LAND USE DESIGNATION AND THE CORRESPONDENCE CHART TO ACCOMMODATE A RESIDENTIAL DENSITY INCREASE UP TO ONE HUNDRED PERCENT IN CERTAIN CASES UP TO A MAXIMUM OF TWO (2) DWELLING UNITS; 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: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.11, please see Item Number PZ.6. PZ.12 ORDINANCE First Reading 16173 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 4, TABLES 3 AND 4; AND ARTICLE 5, ILLUSTRATION 5.3 TO CLARIFY THE BUILDABLE UNITS WITHIN "T3-O," SUB -URBAN TRANSECT ZONE - OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.12, please see Item Number PZ.6. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 71 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 NA.1 16297 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A STATEWIDE MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT THAT PROVIDES FOR RECIPROCAL AID AND ASSISTANCE TO LOCAL GOVERNMENTS IN THE EVENT OF AN EMERGENCY TOO EXTENSIVE TO BE DEALT WITH UNASSISTED AND ALSO ENSURES THE TIMELY REIMBURSEMENT OF ASSOCIATED COSTS INCURRED BY THOSE LOCAL GOVERNMENTS THAT RENDER SUCH ASSISTANCE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN FURTHERANCE OF THE TERMS AND CONDITIONS OF THE AGREEMENT. ENACTMENT NUMBER: R-24-0248 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For additional minutes referencing Item Number NA.1, please see "Order of the Day." Chair King: Gentlemen, may I have a motion for PZ (Planning and Zoning) -- I'm sorry, Pocket Item 1 and 2? Commissioner Reyes: Move it. Chair King: I'm sorry, City Clerk -- Todd B. Hannon (City Clerk): For Pocket Item -- I'm sorry, for Pocket Item 2, I'll need to read the names into the record. Commissioner Reyes: Okay. Chair King: Okay. Vice Chair Carollo: (INAUDIBLE). Commissioner Reyes: Yes. The appointment. Vice Chair Carollo: (INAUDIBLE). Chair King: For the fire -- Commissioner Reyes: That's right. Mr. Hannon: Yes. For Pocket Item Number 2, Civil Service Board, Commissioner Gabela would like to appoint Miguel Soliman. Chairwoman King, Commissioner City of Miami Page 72 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 NA.2 16299 Office of the City Clerk Pardo, and Vice Chair Carollo would like to reappoint Rodrigo Jimenez, and Commissioner Reyes would like to reappoint Rafael Cabrera to the at -large seat. Commissioner Reyes: Yes. Chair King: Do I have a motion? Commissioner Gabela: Motion. Commissioner Reyes: Move it. Chair King: 1 have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Pocket Items 1 and 2 pass unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVIL SERVICE BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Rafael Cabrera Commission -At -Large Rodrigo Jimenez Commission -At -Large Miguel Soliman Commission -At -Large ENACTMENT NUMBER: R-24-0249 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number NA.2, please see "Order of the Day" and Item Number NA.1. City of Miami Page 73 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 NA.3 16300 City Commission DISCUSSION ITEM DISCUSSION BY COMMISSIONER CAROLLO REGARDING RULING ON LAWSUITS AGAINST THE CITY. RESULT: DISCUSSED Vice Chair Carollo: Madam Chair, can I have just a couple of seconds for a point of information. Chair King: Yes. Vice Chair Carollo: This is to bring the Commission up to date of a ruling yesterday in the other lawsuit that was launched against the City and approximately 10 of us or so and another 20 John Does, whoever they might be. In my particular case, the judge basically ruled by saying that we only had to answer count one out of the 16 counts. So it certainly appears that the other 15 counts are not going to be considered at all. And so you could understand why this is costing more money to represent all our employees. And elected officials are employees of this city, too. This is the -- on this particular lawsuit, this is the third suit that they have brought to the City, and we have had to answer, et cetera, since the first two were thrown out by the judge. And they keep playing this game of trying to build up the legal fees on us so then they could go and send their little Billys and others, so they could say, look at all the money that is costing us. Well, they're causing those expenditures. And a senior judge, one of the most senior judges, has thrown out, twice, the lawsuit. This is the third go -around. And you know what they say, the third time is the charm. On other members of this city that have been sued, it's my understanding that just about all of the charges have been thrown out. The rest, the judge has invited for discovery, and of course, summary judgment will take care of them. But the reason that the expenses are so high are for the reasons that I'm stating. And oh, yes, on the 63 and a half million dollars, they have to answer -- reply to our motion on the appeal by July 1st. So right after that, the appellate court is going to get this case. And anybody, particularly if you're an attorney, I invite you to read the appeal, and you're not going to have any doubt after you read it that it's going to be overturned. To begin with, in all these cases that these people have filed, the three main ones in federal courts, but they're all the same thing. One of the most critical parts in federal law, and particularly in this district, that goes back years as to law with DiMartino, the latest one was O'Boyle (phonetic) in February of 2023, because it is so easy to accuse someone of violating someone's civil rights, the courts have held -- the appellate courts have held, the federal courts have held, that those that are suing, whether a city or individuals who work for a city, in their lawsuit., they have to include probable cause. What does that mean? They have to include any probable reasons, other than discriminatory actions, why the City took those actions. In other words, was there a probable cause why the City took those actions? Not in one of these lawsuits, not one, have they included that. Not in one. And in the 63 million and a half dollar case, the judge looked the other way and refused for attorneys to bring that before the jury. So I know that these chaps want very much for us to turn over and play dead, and they 're putting every full -court press and pressure that they can. But the facts are that based on established federal law, DiMartino, O'Boyle, they have to show if' there was any probable cause, any possible reason, why our city or any of our employees took the actions that we took, and in practically every single one of their allegations, it goes beyond probable cause that the City had. It was a hundred percent evidence of the violations that they had made. Therefore, based on case law, it all has to be thrown out. Thank you. City of Miami Page 74 Printed on 07/30/2024 City Commission Meeting Minutes June 27, 2024 ADJOURNMENT Chair King: Thank you. Commissioner Reyes: Thank you. The meeting adjourned at 3: 09 p.m. City of Miami Page 75 Printed on 07/30/2024