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HomeMy WebLinkAboutCC 2024-05-23 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Agenda Thursday, May 23, 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 May 23, 2024 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo, Commissioner Gabela, Commissioner Pardo and Commissioner Reyes On the 23rd day of May 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 9:22 a.m., recessed at 12:47 p.m., reconvened at 3:35 p.m., recessed at 3:46 pan., reconvened at 4:59 p.m., and adjourned at 6:47p.m. Note for the Record: Commissioner Carollo entered the Commission chambers at 9:58 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager George K. Wysong III, City Attorney Todd B. Hannon, City Clerk Chair King: And at this time, we are going to have the meeting blessed with prayer. Pastor Suzette Anderson from St. Paul AME (African Methodist Episcopal) Church is going to bless this meeting today. Suzette Anderson: Thank you. Good morning, everyone. Thank you, Commissioner, for inviting me to do the prayer this morning. As we go to the Lord in prayer, please bow your head. Invocation delivered. Chair King: Senator Rep. Lopez, would you lead us in the Pledge of Allegiance? Vicki Lopez: I would love to. Thank you. Pledge of Allegiance delivered. City ofMiami Page 1 Printed on 07/09/2024 City Commission Meeting Minutes May 23, 2024 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 16124 PROTOCOL ITEM Honoree Presenter Protocol Item Emergency Medical Services (EMS) Week Mayor and Commissioners Proclamation Fire Rescue and Police Officers Mayor and Commissioners Proclamation Cuban Independence Day Mayor and Commissioners Proclamation Carlos Corrales Mayor and Commissioners Proclamation Diana Arteaga Mayor and Commissioners Proclamation Steven J. Perricone Mayor and Commissioners Proclamation Employee Milestones 30 Years of Service Mayor and Commissioners Salute National Public Works Week Mayor and Commissioners Proclamation RESULT: PRESENTED Chair King: Good morning, everyone. Good morning, everyone. Good morning, good morning. Welcome to the City of Miami Commission meeting for May 23rd, 2024. We are going to begin our meeting with recognitions. City of Miami Mayor Suarez is here to do our proclamations. Good morning. My colleagues joining me are Commissioner Miguel Gabela, Commissioner Manolo Reyes, Commissioner Damian Pardo. We are looking forward to serving you. And with us today is State Representative Vicki Lopez. Thank you. for being here. So let's get started. Presentations made. 1) Mayor Suarez and Commissioners presented a Proclamation to celebrate Emergency Medical Services (EMS) Week. The City of Miami, Department of Fire -Rescue (MFR) proudly celebrates the 50th anniversary of Emergency Medical Services (EMS) Week. Elected Officials paused in their deliberations to honor and recognize Miami Fire -Rescue for their years of exceptional service during EMS Week and proclaim the week of May 19-25, 2024, as EMS Week and honor the City of Miami Department of Fire Rescue. 2) Mayor Suarez and Commissioners presented a Proclamation to the City of Miami Fire Rescue and City of Miami Police Officers whose employees; Firefighters Kenneth Zapata, Jonathan Espin, Victor Cobien, Juan Ramirez, Eddy Calderon, City of _Miami Page 2 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Joshua Saavedra, Daniel Sanchez Quintero, and Police Officers Wilbin Torres, Chrisian Ceballos, Jonathan Vazquez, Pedro Moreno, Alexander Dorta, Carlos Cano, and Ricky Lopez, exemplified exceptional bravery and quick thinking during a critical incident, utilizing their extensive training to save the life of one of their own. Elected Officials proclaimed that the bravery, skill, and unwavering commitment of the City of Miami Fire Rescue and Police are hereby recognized and commended. Their heroic actions not only saved a life but also reinforced the vital impact of their work in our community. 3) Mayor Suarez and Commissioners presented a Proclamation to celebrate Cuban Independence Day. On May 20th, 1902, Cuba triumphantly emerged as an independent nation following 34 years of arduous conflict, during which the Cuban people valiantly sacrificed their lives, labor, and fortunes in pursuit of freedom, over the ensuing 57 years, the Republic of Cuba achieved remarkable advancements in human, economic, and social spheres, earning recognition as one of the world's most progressive nations. In 1959, Cuba fell victim to a totalitarian communist regime, which systematically stripped away the freedoms and human rights. Elected Officials paused in their deliberations to pay tribute and recognize the momentous occasion of Cuba 's Independence Day, and proudly salute and honor all individuals and groups tirelessly devoted to advancing the principles of freedom, democracy, and human rights in Cuba and recognize May 20th as "Cuba Independence Day" in the City of Miami. 4) Mayor Suarez and Commissioners presented a Proclamation to celebrate Mr. Carlos Corrales who has dedicated over four decades to the .field of journalism, beginning his illustrious career in late 1981 as a .freelance cameraman with the Spanish International Network (SIN), which later became known as Univision 23, thereby laying the foundation for a legacy of exceptional news coverage and storytelling. Elected Officials paused in their deliberations and recognized Mr. Carlos Corrales for his extraordinary contributions to journalism and his unwavering commitment to reporting the truth and wished him well on his retirement extending heartfelt gratitude and best wishes for his future endeavors. 5) Mayor Suarez and Commissioners presented a Proclamation to recognize M. Diana Arteaga. Ms. Arteaga represents Coca-Cola Beverages Florida, LLC (Coke Florida) and has demonstrated exceptional commitment to governmental relations, public affairs, and community engagement, spearheading educational initiatives statewide and facilitating the allocation of resources to support deserving children and community programming in the City of Miami. Elected Officials paused in their deliberations to recognize the achievements and tenure of Ms. Diana Arteaga and thanked her for elevating the quality of life in the City of Miami. 6) Mayor Suarez and Commissioners' presented a Proclamation to restaurateur Steven J. Perricone. For over 27 years .from October 16, 1996 to May 16, 2024, restaurateur Steven J. Perricone operated Perricone's Marketplace & Cafe, one of Miami's most beloved and recognized establishments. Elected Officials paused in their deliberations of governance to celebrate this beloved restaurant and its owner. 7) Mayor Suarez and Commissioners saluted various City of Miami Employees for reaching the remarkable milestone of 30 years of service in the City of Miami Public Works Department. Employees Seymour Placide, Norma Vieux, Sheiza Revuelta, Larry Cauley, and Jason Smith were saluted. Throughout their three decades of dedicated commitment, they have been an exemplary model of professionalism, integrity, and hard work. Elected Officials paused in their deliberations of governance to salute its employees for their dedication and commitment to the City of Miami. City of Miami Page 3 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 ORDER OF THE DAY 8) Mayor Suarez and Commissioners presented a Proclamation to celebrate National Public Works Week in the City of Miami. Public works professionals .focus on infrastructure and services that are of vital importance to sustainable and resilient communities and the public health, high quality of life, and well-being of the people of the City of Miami. Elected Officials paused in their deliberations of governance to hereby designate the week of May 19-25, 2024, as "National Public Works Week" in the City al Miami. Chair King: Good morning, Vice Chair. At this time, Mr. City Attorney, would you please read your statement for the record? George Wysong (City Attorney): Yes, thank you, Madam Chair. George Wysong, 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 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 the City Code section is available at the Office of the City Clerk or online at www.municode.com. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing any consideration provided or committed to anyone for agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. In accordance with Section 2-33(f) and (g) of the City Code, the agenda and the material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at www.miamigov.com. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the Chair unless modified by the Chair. Public comment will begin at approximately l0ish a.m. 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.com/meetinginstructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment form have been and will he distributed to the elected officials, their staff, and City administration throughout the day so that elected officials may consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to the elected officials, their staff, and the City administration up until the chairperson closes public comment. Public comment may also be provided live here at City Hall located at 3500 Pan American Drive, Miami, Florida, subject to any and all City rules as they may be amended. If the proposition is being continued or rescheduled, the opportunity to be heard may' be such -- at such later date before the City Commission takes action on such proposition. When addressing the City Commission, the member of the public must first state their name, their address, and what item will be spoken about. Any person with a disability requiring assistance, auxiliary aids, and services for this meeting may notify the City Clerk. The City has provided different public contntent methods to indicate, among other things, the publics support, opposition, or neutrality on the City of Miami Page 4 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 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 Attorney's Office items -- on items on the agenda today. Anyone wishing a verbatim record of any 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 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 City Hall to be sworn in by oath or affirmation by the City Clerk. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice pursuant to Florida Statute Section 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Ordinance. The order of presentation shall be as set forth in Miami 21 and in the City Code. Staff will briefly present each item to be heard. The applicant will present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have. Please silence all cell phones and other noise - making devices. Access to the meeting, this meeting can be viewed live on Miami TV, the City's Facebook page, the City's Twitter page, and the City's YouTube channel and Comcast Channel 77. The broadcast will also have closed captioning. Thank you, Madam Chair. Chair King: Thank you, Mr. City Attorney. Mr. City Clerk, would you please read your statement in for the record? Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will he providing testimony to be sworn in for Planning and Zoning items and any quasi-judicial items on today's City Commission agenda will he as follows: The members of City staff or any other individuals required to he sworn in who are currently present at City Hall will he sworn in by me, the City Clerk, immediately after 1 have finished explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for Planning and Zoning items and any other quasi-judicial items. Commissioners, are you comfortable with all the notice provisions set forth in these uniform rules and procedures we have established for this meeting? Chair King: Yes. Mr. Hannon: Chair, may 1 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 oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. City of Miami Page 5 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Chair King: Thank you. Mr. City Manager, at this time, do you have any items on the agenda that will be withdrawn or deferred? 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.4, to be indef -- to be deferred to June 13th; RE.5, to be deferred to June 13th; RE.7, to be deferred to June 13th; RE.9, to be withdrawn; FR.1, to be deferred to June 13th; FR.3, to be deferred to June 27th; and DI.4, to be deferred to June 13th. And the Planning and Zoning agenda: PZ.1, to be indefinitely deferred; PZ.2, to be indefinitely deferred; PZ.3, to he indefinitely deferred; PZ.5, to he indefinitely deferred; PZ.6, to he indefinitely deferred; PZ.14, to he deferred to the June 27th meeting; PZ.15, to be deferred to the June 27th meeting; PZ.16, to he indefinitely deferred; and PZ.17, to be indefinitely deferred. That concludes the items. Vice Chair Carollo: Madam Chair, through the Chair, could you, Mr. Manager, go through again, not on the PZ items, on the regular Commission agenda, the ones you 're deferring? Mr. Noriega: Yeah, sure. RE.4, to be deferred to June 13th; RE.5, to be deferred to June 13th; RE.7, to be deferred to June 13th; RE.9, to be withdrawn; FR.1, to be deferred to June 13th; FR.3, to be deferred to June 27th; and DI.4, to be deferred to June 13th. Vice Chair Carollo: Thank you. Chair King: Mr. Vice Chair, do you have any items that you would like to have withdrawn or deferred? Vice Chair Carollo: Chair, not at this point in time, but I might bring one or two up later. Chair King: Okay. Commissioner Gabela? Commissioner Gabela: No, 1'm good. Chair King: Commissioner Pardo? Commissioner Pardo: No, I'm good. Chair King: Commissioner Reyes? Okay. I understand -- Mr. Hannon: Chair, my apologies. Just so we have this during the order of the day, Commissioner Reyes has a pocket item pertaining to -- and 1 can just read the title if that's okay. Chair King: Okay. Mr. Hannon: If that's okay, Mr. City Attorney, 1 will just read the title of the resolution. A resolution of the Miami City Commission expressing its vehement condemnation of the visit by Cuban officials to the Miami International Airport on May 20th, 2024; directing the City Clerk to transmit a copy of this resolution to the officials stated herein, providing for an effective date. And the Mayor would like to co-sponsor this resolution. Chair King: Do we have any other pocket items? No, that's the only one. No, we don't have --1 believe we have one for Moore Park. That's the only -- the only pocket City ofMiami Page 6 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 item? Commissioner Reyes: (INAUDIBLE). Mr. Hannon: I believe the Chair has indicated she has only authorized this one pocket item. It's my understanding. Commissioner Reyes: Only one pocket item? Chair King: That -- yeah, the one for the Cuban one because that one -- Mr. Hannon: Yes, for the Miami International Airport. Chair King: -- is not time sensitive and it has a fiscal impact so we can put that on the regular agenda. Commissioner Reyes: (INAUDIBLE). Chair King: No, we'll just -- you 'll just get it on the next agenda. Mr. Hannon: Correct. Commissioner Reyes: Okay. Chair King: Okay. Commissioner Reyes: Okay (INAUDIBLE). I am -- I mean, if there is some additions, subtractions or modifications that have to be made, and I'll throw this out so we can give some order. Chair King: Okay. Commissioner Reyes: Okay. And this is going to be for the next -- Chair King: Okay. There's a -- Commissioner Reyes: Okay, fantastic. Chair King: -- District 5 pocket item. Vice Chair Carollo: If -- Mr. Hannon: I'm sorry, I do not have that resolution. Vice Chair Carollo: Chair, if I just may ask for the purpose of moving forward, can we leave all pocket items towards the later part of the meeting? Chair King: Sure, the Moore pocket item isn't -- Vice Chair Carollo: This way we can move the meeting forward more. Chair King: Yes. So do I have a motion to set the agenda? Commissioner Gabela: Motion. Chair King: Do I have a second? City ofMiami Page 7 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Commissioner Pardo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Agenda is set. Mr. Hannon: And Chair, my apologies. I have a brief statement I need to read into the record. Pursuant to Section 62-22 of the City Code, an indefinitely, deferred action initiated by the City will cost the City mail, noticing, advertising, and posting of Properties as applicable. Thank you, Chair. Chair King: Thank you. PUBLIC COMMENT FOR ALL ITEM(S) 16163 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR THE MAY 23, 2024 CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: Good morning. Hold on. Todd B. Hannon (City Clerk): Chair, 1 was just asked to make a brief statement. If we could just have five people in line for the podium at a time, it would help with keeping these lanes clear -- Chair King: Fire -- the -- Mr. Hannon: -- for the fire department. Chair King: Good morning. Holly Kogachi: Good morning. Good morning. My name is Holly Kogachi and I yield my time to Mark Rosenblum. Chair King: Because there's so many public speakers, I'm not going to yield time today. I'm not going to -- I'm not going to do the yielding of time because we have so many public speakers. Mr. Hannon: And I'm sorry, can I get the speaker's name? Ma'am, just one more -- I didn't hear you. If I could just get your name for the record since you spoke. Ms. Kogachi: Holly Kogachi. Mr. Hannon: Thank you. Mark Rosenblum: Good morning and happy Thursday. My name is Mark Rosenblum, Chief Operating Officer, Perez Art Museum Miami, 1103 Biscayne Boulevard, Miami, Florida, 33132. I'm here to speak on SR.2 and Chairwoman City of Miami Page 8 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 King's amendment. I stand before you today in neon yellow to deliver and highlight a very important message. Thank you for supporting the arts. The brightly dressed folks and others behind me -- wave your hands -- are here to echo this statement. We are all so proud of the City s hard work over the past 40 years to develop Miami from a cultural wasteland to a vibrant art scene, recognized worldwide for its endless talent and quality offerings. From art to science, from ballet to opera, from music to history, from animals to gardens, the list goes on and on and the progress and commitment are center stage on our world -class stages. Again, thank you for supporting the arts. Thank you for listening to our needs, many needs, over the many months we have joined you. Thank you for being caring and thoughtful city commissioners. It obviously takes time and energy to lead such a great city. Thank you for being willing and committed. Your public service is a blessing to this dynamic, diverse, and growing community. So challenging to bring people together, almost impossible to make everyone happy. The majority of you have done a stellar job creating a compromise, finding a fair solution. You have repeatedly heard the concerns. You have taken action to build a bridge that brings this conversation to a conclusion. Your solution limits future signage. Your solution controls content. Your solution minimizes light levels. Your solution defines operating hours. How fantastic that this Commission has found a way to bring us all together. This does not need to be a close vote. Let's band together and show full support. Five votes yes. This is a moment we all celebrate a path forward, a time to channel our energies in new and positive directions, a time not to just to support the arts but amplify the arts. Chair King: Thank -- thank you. Mr. Rosenblum: Thank you. Chair King: Good morning, Elvis. Elvis Cruz: Good morning, Chair. Elvis Cruz, 631 Northeast 57th Street. Regarding SR.2, the LED (Light Emitting Diode) billboards, the amendment is supposed to be a compromise, but it's actually capitulation. The behind -the -scenes political engineering does not pass a smell test. You are being pressured by big money lobbyists to give special deals to well-connected people. None of you like it when a commissioner crosses your district boundary to serve their special interest, but that's what you're doing here. This is just another money -motivated manipulation at Miami City Hall. If you support billboards, it will reflect badly on you and it will likely be used against you. Please serve the voters, not the lobbyists. Do the right thing and pass Commissioner Pardo 's original version. On a different topic, it is reprehensible that the City is closing the Biscayne Bay picnic islands for Memorial Day weekend. You just announced the "Leave No Trace" policy last Saturday. But instead of initiating a boater education program, you 've closed the islands ahead of a popular boating weekend. By having garbage cans on those islands for decades, you told the boating public they could leave garbage and it would be picked up. You should start with positive energy, with outreach, education, and recruitment programs. Instead, you immediately went to negative energy by closing the islands with no public meetings, no public hearings. You want to punish everyone for the sins of a few. Be advised, you are jeopardizing future FIND (Florida Inland Navigation District) money by prohibiting public boating access to waterfront public land. FIND has money available for spoil island maintenance and management. Don't take the easy way out. Please open the islands. And in closing, I'd like everyone here who's in favor of stopping the LED billboards to please stand and be recognized. Chair King: Thank you. City ofMiami Page 9 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Mr. Cruz: Commissioner Pardo, you may want to take account of those that are here today opposed to the billboards. Thank you. Chair King: Thank you. Thank you, Elvis. Good morning. Vice Chair Carollo: For the record, it's between 25 to 30 people. (COMMENTS MADE OFF THE RECORD) Chair King: Hello, hello. Hey, hey, hey, hey, hey, hev, hev. I don't --1 don't want to have to clear the chambers. (COMMENTS MADE OFF THE RECORD) Chair King: I don't want to have -- that is not necessary. Thank you. Good morning. Jay Mollica: Hi, good morning, everybody. Thank you very much for having me here today. My name is Jay Mollica and I'm the Senior Director of Digital Engagement at the Perez Art Museum Miami. I'm here today to speak in support of Chairwoman King's compromise amendment to Section 2-779 of the code. I'm here today not only as a PAMM (Perez Art Museum Miami) employee, but as a proud constituent of District 2. 1 've been working in museums for over a decade now, and I'm familiar with the unpredictable nature of arts funding. The digital sign will provide PAMM with a source of income to buffer the institution in difficult times and bolster its efforts in arts, education, and community outreach. We all remember the difficult time non profits had during the pandemic. PAMM was unable to sell tickets, and like many non profits had to make the difficult choice to furlough employees. The sign will help prevent such measures in the future. I am incredibly excited about our City's renewed efforts to root out corruption in City Hall, but I appeal to you all today to appreciate the nuance in this matter and see that with this sign we have the chance to fortify one of our City's most vital providers of arts, education, and community programming. Please support Chairwoman Kings amendment to Section 2-779 of the City Code. Thank you. Chair King: Thank you. Good morning. Jan Schwbamann: Good morning, everyone. Jan Schwbamann, 900 Biscayne Boulevard. I'm here today and I would like to talk about agenda item PZ.7. I would like to ask you to uphold the decision taken by the Planning, Zoning, and Appeals Board on November 15th revoking the warrant for the outdoor gym in Maurice Ferre Park, which was done by a vote of 5 to 2, by the way. Please mind that this is not about people liking the gvm or even using the gym. I could pour concrete over the entire park there and build a skate park, and 1 would find enough people that would say, oh, 1 love this skate park. It's great. It's not about it. It's about following the right procedures. And here are my three reasons. Number one, the City and park management completely disregarded the master plan. There have been dog parks built, planted trees wherever the park management felt like it, now the gym and who knows what comes next. All of this is not in the master plan, a plan that I trusted in when I bought my apartment. So, this master plan cost a lot of money to the City of Miami and now it's just going to waste. Why even spending money on plans if they're completely disregarded? We might as well just stop planning altogether. Number two, no public outreach. The park and City fail to alert, involve, and consult the community. The park is there for everyone, absolutely, but let's not disregard the reality. And the reality is that 80 to 90 percent of the people using the park on an everyday basis are the residents of the neighboring buildings. And we, the residents in those buildings, do not want the gym. We have come here City ofMiami Page 10 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 to protest, to make our voices heard, and we need to stop wasting funds. And the third reason, that's my last one, 1 know 1 have to hurry up, the warrant was issued disregarding the right procedure. There was a 5-2 vote by the Planning, Zoning, and Appeals Board, and just using the words of one of the board members, who is a lawyer by the way, and he said this was done procedurally deficient and they did it wrong. In addition to that, I'm against the billboards. Thank you very much. Chair King: Thank you. Good morning. Charles Walter: Hi, Commissioners, good morning. Charles Walter, 1901 Brickell Avenue, and I'm still confused why we're still discussing this issue. We have so many important issues facing our city and this continues to be a topic when the residents continue to oppose the billboards. We have tremendous showing, people providing their support for keeping billboards out of. the district, and we continue down this path. It's not clear why. I see people here from PAMM, and they should be working with residents of the community to come to a compromise, if that's really what they're trying to do, instead of lobbying this body. We have the residents of the district, the Commissioner, trying to move forward, and we continue down this path. I think that any Commissioners who might be receiving money from entities behind the billboards should recuse themselves from this vote. And we should really look to just focus on what the residents of the district are asking for. And if, again, if PAMM wants to try to find a compromise, they should be speaking with the residents of the district instead of coming here. So 1 hope we can put an end to this and move on to more important issues for the City. Thank you. Chair King: Thank you. Good morning. Claudia Roussel: Good morning all. My, name is Claudia Roussel. I live at a building called 10 Museum Park at 1040 Biscayne Boulevard. I'm here in my role as a board member for 10 Museum Park and as a representative for the DNA (Downtown Neighborhood Association) for my building. The residents asked item SR.2 to revert to the original D2 (District 2) amendment and reject the most recent D5 (District 5) amendment or revoke the permit. I also would like to make a quick comment on PZ.7, the famous gym. Furthermore, my community asked for the removal of the outdoor gym at the Maurice Ferre Park. My building is right across. I go there all the time. I have a dog. It is an absolute eyesore and was built without any input of the Downtown community. It wouldn't be there if we would have been asked. Thank you very much. Chair King: Thank you. Good morning. Nancy Lee: Hi. I'm Nancy Lee. I live in Coconut Grove. Commissioner Carollo, I remember you when you were mayor and when you were a Commissioner before, and you were nice, and I'm surprised today. This is for Commissioner -- Chairwoman King and for Miguel Gabela, Commissioner. Commissioner Gabela: Yes, ma'am. Ms. Lee: There's a lot of fives in this room, and you know that. And it's not your fives, it's someone else's fives. And you know what a five is, I'm sure. Commissioner Gabela: A what? Ms. Lee: A five. A five is someone that voted in the last five elections. Those are what you go for in an election. City ofMiami Page 11 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Commissioner Gabela: Yeah, likely voters. Ms. Lee: Okay, so we have our fives of the commissioner to your left. And you have to think about his fives because he has to think about yours. And this is a very important issue for our district. And you see, because we're all here, all 25 of us, and I really think that you should reconsider your vote and you, Chairwoman, as well, because this is very important to a new commissioner and this issue is important to everyone in our district. I don't live near the bill -- these stupid things, but I don't want them in my neighborhood because I want to sleep at night, and I'd like to be sleeping now, too. But anyway, I just think that you can do the right thing here for your fellow commissioner who is trying so hard to make us happy because he's not getting another term if he doesn't make us happy. Chair King: Thank you. Ms. Lee: Okay, thank you. Chair King: Thank you. Commissioner Gabela: Understood. Chair King: Good morning. Kristen Browde: Good morning, Chairwoman. Kristen Browde, 888 Biscayne Boulevard, in the heart of District 2, here to urge you to support Damian Pardo's original resolution. And 1'ni the building representative for the Downtown Neighborhood Association, and I'm speaking also on behalf of the Downtown Neighborhood Association. Commissioner and Madam Chair, what's going to come out from -- right now is going to sound personal, but Commissioner Carollo, I assure you it is not. I wanted to let you know just how upset the people of Downtown are about these signs, both at the south end and the new one by the PAMM. We want to support the arts, but we don't want to destroy our neighborhood. And the people are so upset that there is now a petition with over a thousand signatures being circulated by the Downtown Neighborhood Association asking for your removal from the Park Trust because we want local control. The gym, the signs, the various things, the cutting down of trees, the damage to the park, the damage to our neighborhood in the recent past has got us to the point that we can no longer tolerate having someone from outside the district controlling what's going on inside our district, someone who is not accountable to the voters of our district doing this. So we're not just urging you to stick to Damian Pardo's original resolution. We are asking you to fundamentally change the way this park is being run, to put our commissioner, the one who is accountable to our district, in charge. We urge you to do this without delay. It's not personal, Commissioner, but it is recognition that the mistakes that have been made are having a negative effect on everyone in our district and on the visitors to our city. Right now, you walk into the park and you're greeted by signs at either end. It's not right. It's not the image we want of Miami. Thank you. Chair King: Thank you. Good morning. Mr. Hannon: Chair, my apologies. Chair King: Good morning. Mr. Hannon: May 1 have the speaker's name? Chair King: Good morning. City ofMiami Page 12 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Vice Chair Carollo: Chair? Mr. Hannon: Chair? Chair, I'm sorry, the speak -- I wasn't able to capture the speaker's name. I apologize. Chair King: Your name, ma'am. Ma'am, your name? Mr. Hannon: Your name again? Ms. Browde: Kristen Browde, BR 0 W D E. Mr. Hannon: Thank you. Chair King: Good morning. Jay Solowsky: Good morning, Madam Chair, members of the Commission. My name is Jay Solowsky. I reside at 2127 Brickell Avenue. I am here in support of SR.2 with the modifications from the last meeting. I am here individually and as vice president and on behalf of Brickell Homeowners Association. On behalf of Brickell Homeowners Association, I want to thank you for supporting the amendment to Commissioner Pardo's repeal of 2-779, preserving the rights of PAMM and Arsht to have the media installations to support their missions. We are eager for projects that enhance Downtown, and this compromise amendment is the perfect solution, allowing cultural institutions to find new creative ways of funding while putting in place now reasonable time and manner restrictions. That is what the amendment as modified does and we urge your support. This is not strictly a District 2 issue. We have in the district, we have the arena, you have PAMM, you have Arsht, you have Bayfront Park, you have Frost Science, you have all the entertainment on Ilth Street. There's a citywide impact to that. It doesn't relate solely to District 2. We urge you to maintain your steadfast support for the three commissioners who moved this forward and ask the other two commissioners to consider evaluating their positions and looking at where people are coming from on the other side because they don't want it in their backyard, but this is the backyard they moved into with all of this present at that time. This is an evolution of that area. We urge your support and we thank you. Chair King: Thank you. Good morning. John Elliott: Good morning, Commissioners. My name is John Elliott. Mr. Hannon: Chair, my apologies. Would you mind just pulling the microphone up closer to where you're speaking? Mr. Elliott: Okay, okay, okay. My name is John Elliott. I'm a resident here in the state of Florida. I'm a U.S. United States veteran. I'm a retired businessman. I'm a retired businessman here in the state of Florida. My complaint is the streets, the condition of the streets where the construction is supposed to be done. I noticed from 79th Street all the way to 95th, no one -- they have tore up the streets. The streets look bad. People's cars getting tore up. People have been complaining. My vehicle was tore up back in November of last year. I have tried to go through all the remedies that I possibly can, speaking to the director and everything, in the Commissioner's office. They have seen pictures and everything of my vehicle. They have did everything that I possibly can. I come here today because I felt that this is the only way 1 can get this resolved, is by coming to see you all today, because I have voted most of you all in office. But my problem is that I'm not getting no help to get this resolved. This has been going on since November of last year. My vehicle City ofMiami Page 13 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 has been tore up since then. 1 have brought all types of documents, papers and everything. No one is doing nothing about it, so I'm here today to try to see if I can get some help from you all. Chair King: I'm going to have the City Manager have someone come and speak to you. Mr. Elliott: (UNINTELLIGIBLE) is the commissioner in my area. I've been trying to get to him for the longest but I've been speaking to people up under him and they have not been doing nothing to resolve this. Chair King: So the Manager is going to have someone speak to you. Mr. Elliott: Okay. Thankyou. Thankyou very much. Chair King: Thank you. Good morning. Danielle Rivera: Good morning, Commissioners. My name is Danielle Rivera and I live at 629 Southwest 10th Avenue, Miami, Florida, 33130. I am against any LED billboard advertising because due to my medical conditions, I am extremely light sensitive and these types of ads can cause everything from severe headaches to seizures and would make it very dangerous for me to go out at night. More to the point of my public comments, I'm also a campaign financial form advocate and track political contributions in Miami -Dade County. The company, Orange Barrel Media, exploited legal loopholes in campaign finance law to curry favor with the electeds who must approve their invasive billboards without having any of their company names show up on their campaign treasurer reports. Former lobbyists for Orange Barrel Media include Marc Sarnoff and Miguel Diaz de la Portilla, brother to indicted former Commissioner Alex Diaz de la Portilla. Marc Sarnoff is also the chairperson of the political committee Truth is the Daughter of Time PC (Political Committee). Since that PC was founded in 2017, Orange Barrel Media has contributed $672,000, 70 percent of all contributions, through 2023. From 2021 through 2023, Orange Barrel Media accounted for over 97 percent of all contributions to Truth is the Daughter of Time PC. Truth is the Daughter of Time PC, in turn, contributed to City of Miami and Miami -Dade elected candidates and their MD-ED (Miami -Dade Elections Department) 28 PCs. Top recipients of these contributions were Alex Diaz de la Portilla and two of his MD-ED 28 political committees with a total of $276,500. Others who received contributions include, but are not limited to, Mayor Francis Suarez, District 3 Commissioner Joe Carollo, 2023 D1 (District 1) Commission candidate Mercedes Rodriguez, former D2 Commissioner Sabina Covo -- Chair King: Thank you. Ms. Rivera: -- and D2 special election candidate -- Chair King: Thank you. Ms. Rivera: -- Martin Zither. Thankyou. Chair King: Thank you. Good morning. How are you? Maji Ramos: I'm great. How are you? Chair King: Good, good to see you. Ms. Ramos: Good to see you as well. My name is Maji Ramos. I reside in City ofMiami Page 14 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Morningside. Anyways, I have a PowerPoint, I know you're really excited about it, right? I always come with my PowerPoints. I wanted first, before 1 got into this topic on the LED billboards, 1 wanted to thank everybody for voting for closing these parks. It's just been, I mean, I can't even tell you how relieved and happy we are. And it was as a result of our "Leave No Trace" kickoff on Sunday, where the government officials went out to these islands and they saw how trashed they were after three days. We had just cleaned them three days prior. So thank you, thank you for hearing us. And okay, so now on to the Vote No for LED billboards. I'm here on behalf of wildlife. It does not have a voice, so I'm here to speak on its behalf We are a direct path, a migratory path, from the northeast in Canada down to South America. It goes directly over Downtown Miami, right where these billboards are located. It's very, very serious. You can see here this map. Ottawa is up there. You see the red dot, that's where the PAMM is and PAMM -- where, you know, the billboard is supposed to be. All the way down to Costa Rica, Guatemala, and elsewhere. These -- right now, we are in migratory season. They migrate in the summer and in the fall. There's a rookery on Key Biscayne that will be affected as well. Okay, there's recent studies on light pollution and how it affects birds adversely. And it's very serious. The effects of light pollution on migrating birds. Basically, they can't see the difference. They don't understand. They fly at night and they do that because it's so hot during the day that they try to conserve their energy to fly at night. Also, they kind of want to avoid getting eaten by hawks and predatory, birds. It is also turtle nesting season, okay? I mean the glows are very, very disorienting for turtles. Chair King: Thank you. Ms. Ramos: Okay. Thank you. Chair King: Thank you. Ms. Ramos: Thank you for listening. Chair King: Good morning. June Savage: Hi, June Savage. I live in Coconut Grove. 1 was horn at Mercy Hospital, so I'm one of your old-time Floridians. I am a real estate agent of 25 years and when Xavier Suarez sat up here in the Commission, he had an open door policy in his office. I went into that office when it was on Douglas and he had these beautiful drawings of what he envisioned Central Park and Times Square of the City of Miami. And Times Square was supposed to be Flagler Street, which is why it's closed off That's where the billboards were originally planned to go. Central Park is where Museum Park is. Now we're here talking about billionaire Jorge, poor, poor billionaire Jorge Perez, but we have our typical paid supporters with the t-shirts who will get CVS (Consumer Value Stores) or Visa cards when they leave. Okay, if someone there can show me how this man can erect such an item as tall as this ceiling without a permit and everybody showing a blind eye, I'm shocked because he shouldn't be allowed to do that. He should he fined every single day that thing is there, okay? He's no different than any one of us. As a matter of fact, he should be donating more money to everyone of the city, our police, our homeless, the Lotus House, and down the board because he's a billionaire. Thank you and just remember there is no property value that is increased by this at all and no quality of life. Chair King: Thank you. Good morning. Albert Gomez: Good morning. Albert Gomez, District 2 resident. 1 just want to make a point that the LED billboards, I have a weird connection in that 1 supply the City ofMiami Page 15 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 industry. 1 supply aluminum, 1 supply wire harnesses, 1 do a lot of different things for the industry. I also know that when something is created or built, it's built for a reason. It's built for a use case. It's built for a place. This is not the place for LED billboards. We're also starting to lean in on understanding the value propositions of things in the city, like our nature and what we have, like Biscayne Bay. I think you guys did a big move by closing the islands. I disagree with my friend, Elvis. I'd take him on a cleanup any time he wants so he can understand the scale and scope of the problem. Like our City Manager said, it's a five-minute decision if you just go there and do it yourself: But the reality is, is the value of nature. We have migratory birds. We have rookeries being formed right on the bay. We don't need LED billboards upsetting rearing young and birds that are endangered. We want to put value where it's due. And moreover, the Arsht, the PAMM, they need money. Consider it a clarion call from this Commission to find more creative ways to find money for them, but not put billboards and sacrifice the well-being of not only our wildlife, but our civilians. I think you guys are making a good move right now. I want to close by saying, so please support Damian Pardo and his push to stop this action. I believe it's the right move from this Commission. I want to close by saying the closure was necessary of the spoil islands, but closure alone is not enough. Education is obviously needed, but that's not enough. We need enforcement. We need enforcement dollars from you. We need interagency agreements to allow for code compliance -- Chair King: Thank you. Mr. Gomez: -- on the parks. Please -- Chair King: Thank you. Mr. Gomez: -- let's get creative. Chair King: Thank you. Good morning. Catarina Jimenez: Good morning. My name is Catarina Jimenez and I'm here today to oppose the oversized neon billboards. These signs have profound negative effects on both our health and the environment. They disturb our sleep patterns, they dampen our moods and endanger our eyesight. Furthermore, they disturb our nervous systems, they increase the likelihood of accidents and contribute to the rising cost of healthcare and living. And it's already kind of expensive here in Miami. The light pollution emitted by these billboards worsens the situation, disturbing wildlife behavior and disrupting the delicate ecosystems of our Biscayne Bay. It's crucial we reduce the prevalence of oversized neon billboards in Miami. By doing so, we not only protect Miami's delicate ecosystems, but also safeguard the health and well-being of all of our -- of all of us and our future generations, including my twins that are coming soon. This ensures that Miami maintains its unique tropical character, setting it apart from other cities in the U.S. as a preferred global tourist destination. Thank you for your time and for listening to all of us who are here to oppose those signs. Chair King: Thank you. Good morning. Jeffrey King: Good morning. I'm Jeff King, Miami resident, 546 Northeast 57th Street. I'm against these LED billboards. This scheme by a company from Ohio found a vulnerable spot in our urban landscape and exploited it with artful distractions. They talk about community, support content, but I say that is a Trojan horse for endless advertising. This is not about supporting arts. 1 think their idea is to keep the public hooked with a trickle of shared kickbacks while they rake in the real dough. 1 get that you all have to make decisions that do not please everyone. City of Miami Page 16 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Roads and bridges get built. Lives are changed in the name of progress, but this isn't progress. Sixty, years ago, we knew billboards were eyesores. Back then, First Lady, Lady Bird Johnson, tried to beautify our highways by eliminating billboards. These parasitic monstrosities disturb the residents living around them, residents drawn to Downtown homes by magnificent views of our City and bay. Local government encouraged housing Downtown and now is punishing the folks that took them up on it and moved in. Why would anyone want Times Square billboards in Miami? One Times Square 1,200 miles away is enough. Thank you. Chair King: Thank you. Good morning. Jesus Emmanuel Villarreal: Good morning. My name is Jesus Emmanuel Villarreal. 1 am speaking on item SR.2. I'm a Miami artist, public art educator, and resident at 5261 Southwest 3rd Street, Coral Gables, Florida, 33134. 1 support the arts and culture in Miami by bringing artists together to collaborate on projects by and for the community. I am supportive of the digital signs at the PAMM and Arsht and the legislative amendment that is currently before the Commission proposed by Chairwoman King. Art and culture brings immeasurable value to the Miami community, and it is part of the reason Miami is such a great place to live, work and play. I ask, for your support in passing the amended ordinance, for media and art installations at Miami art institutions. And I assure you, I am not getting any CVS cards or Visa cards. If you know where they are, please do let me know. Thank you. Chair King: Thank you. Good morning. Glenn Patron: Good morning. My name is Glenn Patron, Ventura Avenue, Coconut Grove, and I'm here to share some research done by activist Danny Rivera with you. It's regarding Orange Barrel Media and Small City, who are both promoting this LED billboard project. And they have contributed great amounts of money to elected officials who have decision -making power about this project. Using loopholes in current campaign finance laws, they've moved hundreds of thousands of dollars through political committees, mostly connected to Marc Sarnoff and who is the chairman of a company called Truth is the Daughter of Time. Orange Barrel has committed -- has contributed up until the end of last year $672,000 to this PC. That's 97 percent of the money that they've received according to the papers they filed. The top recipient was Alex Diaz de la Portilla, a number to 276,000. A number two was Joe Carollo, but only 58,000. Third, I could go on and on, but I only, have two minutes. What her point is, is that Orange Barrel Media and their former lobbyist Marc Sarnoff have been able to use current campaign finance laws to move large sums of money to the control of the very same people for whom they need approval. To me, this is a dirty business, and we need to shine a light on it. They already have the money. Let's not let them have our city. Thank you. Chair King: Thank you. Good morning. Chris McAliley: Good morning. My name is Chris McAliley. 1'in a longtime resident of the City of Miami, and for most of my career I've worked in public service for the taxpayers, just like you. I am here to ask that this Commission please vote for the original D2 amendment concerning the billboards. These billboards are massive, illuminated and exceed all accepted standards for billboards. Each of your votes requires you to answer some important questions. Number one, who will you stand for? Will you stand for the residents who live in that community, who are telling you they feel overwhelmed and intruded upon and that they are being treated as if they do not matter? Or will you stand for the sign company that will handsomely, profit from this exception to all the standards that have been in place to date? Number two, do you think it is okay that this billboard company was a top City ofMiami Page 17 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 donor to one of your former colleagues on this Commission who championed this exception to the standards for billboards? If you vote yes for the billboards to proceed as planned, you're endorsing a pay -to -play system which we all know will benefit you in your re-election campaigns. We know this. If you vote no, you are standing for the integrity of the process and how this Commission makes decisions. Three, Orange Barrel Media and the PAMM have promised that these signs will be creative and artistic. We know what that means. They demand our attention. They will cause automobile accidents. People will be injured. So what you must decide, will you vote to protect drivers from this eye-catching distraction? We have enough distractions already. Chair King: Thank you. Ms. McAliley: Last, let me acknowledge that the only positive here is supporting of the arts, but it's at the cost of the Frost Science Museum. That is not right. Chair King: Thank you. Ms. McAliley: Thank you. Chair King: Thank you. Good morning. Adolfo Deulfent: Good morning. My name is Adolfo Deulfent. 1 live at 1060 Brickell Avenue. I also work Downtown. 1 'm here in support of Chairwoman King's compromise amendment SR.2 and preserving digital signs as is on the property. 1 completely understand the desire to not have any digital signs in city parks or close proximity to the residential buildings, but 1 don 't believe these signs quite fall into that category. The compromise amendment allows for brightness regulations to exist and it's responsive to the community's concerns while still preserving the rights of the arts to find funding in inventive ways. I think it impacts the neighborhood in a positive light more than negative one, and I think we should stick to the new amendment. And frankly, there are other concerns that are probably more pressing at this time, such as the city's homelessness issue, traffic congestion, sea level rise, et cetera. And therefore, the time used for these signs should move on to more pressing topics. Thank you. Chair King: Thank you. Good morning. Hortense De Castro: Good morning. Good morning, Madam Chair, Commissioners, staff and members of the community. My name is Hortense De Castro. I'ni representing the Venetian Way Neighborhood Alliance, which is an association of the five Venetian Islands. As such, as you may well know, that it's a handing of very forward -thinking residents, and as being forward -thinking residents, we are completely against the LED lights and support Commissioner Pardo's initiative instead. There are three reasons for that. I'll begin firstly with the fact that Miami is not a second-rate Times Square. I'm a New Yorker, and as such, 1 love my Times Square in Times Square. 1 don't need it here in Miami. Instead, what I like is the signage of blue, blue everywhere from top to bottom. Why don't we make that our signage instead, a blueness of Miami filled with palm trees? That's the first reason. Secondly, it is in a migratory path. Please note that the national trend is to have buildings turn their lights off. This is by the Audubon Society, the Lights Off Program, so that birds can actually migrate in peace. So I propose that we give nature a break instead of breaking it, as we've been doing so well with our bay. Let's continue to please support our nature and create a path for them to migrate. Thirdly, the architects, Herzog and de Meuron, did not envision something like what we're doing with LED lights. They created a pristine structure. This building, the PAMM building is fabulous. How could -- they did a seamless City ofMiami Page 18 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 union of nature and architecture. They used Stiltsville as their model. How could we then destroy that image of a beautiful museum with a blighted site that we do not want? Thank you very much for listening. I appreciate your attention. Chair King: Thank you. Good morning. Leroy Jones: Good morning, Commissioner. Good morning, Chairwoman. I just want to say that I'm in support of Commissioner Damian original, original offer as relates to the LED lights. So there's nothing much I can say to add to what anybody else has said, but I just want to say this to you, Commissioner. Like you're like a breath of fresh ail; man. We've been waiting for somebody like you for a very long time, man. And I just hope our community continue to support you and rally around you, man. You know, we just want you to stay firm, you know, stay committed, stay grounded, stay about the people like you're doing. So I just want to encourage you and let you know what you're doing, man, is good for our community. And we need more of you like that, man. Continue to be successful, man, a great man. Thank you. Mr. Hannon: Chair, if I should have the speaker's name? Sir? Mr. L. Jones: Oh, Leroy Jones. Mr. Hannon: Thank you, sir. Mr. L. Jones: Thank you. Chair King: Good morning. Adam Roberti: Good morning. My, name is Adam Roberti, 3621 Southwest 3rd Avenue. I'm the executive director of the Xavier Cortada Foundation, but I'm here speaking on behalf of myself as a resident of the City of Miami who is concerned about the massive LED billboards. As is evident today, there is overwhelming opposition to these signs. Most people who live in District 2 who have been asked about this issue don't want the billboards. They're not just a visual nuisance, they detract from the beauty and character of our city. Our urban environment, filled with culture and history, is at risk of becoming cluttered with oversized, intrusive ads. Now we, of course, deeply value our cultural institutions like PAMM and the Arsht and appreciate everything they do for our community, but that doesn't mean we should disregard the concerns of all of the residents who will be affected by these incredibly bright billboards. It's very possible to support our cultural institutions without compromising the quality of life.for the people who live here. What's most troubling though is the sense that our city government really isn't listening to its residents. We need our representatives to be responsive to our concerns and act in the best interest of the community. That's the biggest reason why I'm here today. It's about ensuring that our voices are heard and our wishes respected. It's about preserving the integrity of our neighborhoods and preventing the undue influence of money over the public good. 1 urge you to support the original D2 amendment and reject any new amendments that don't align with the interests of the residents. Let's please prioritize the needs and desires of the people who live here and protect the aesthetic and cultural values of our city. Thank you. Chair King: Thank you. Good morning. Brandon Jones: Good morning, everyone. My name is Brandon Jones. The address that I'll put for the record is 5120 Northwest 24th Avenue. 1 also stand in support of Commissioner Damian without any offered amendments. The bright lights of giant LED signs may dazzle our eyes, hut they're dimming our planet's and our City ofMiami Page 19 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 community's future. So as you consider the proposal to install large LED signs in our community or the proposal to not do so, which we stand for, 1 want to share with you some concerns that have been raised by hundreds of the residents and stakeholders in this community. While the benefits of these signs may seem appealing, I strongly believe, we strongly believe, that the negative impact they will have on our community and its residents and the environment far outweighs any potential benefits. Recent data has shown that large LED signs can have a significant negative impact on our environment and our communities. For example, a study by the International Commission of Illumination found that excessive lights pollution can lead to increased energy consumption, reduce biodiversity, and disrupt our ecosystem. The constant flickering and flashing of LED lights can cause visual discomfort, sleep disorder and deprivation, and even contribute to stress and anxiety, which we need no more in this community. Furthermore, these signs can have a significant impact on our community and its quality. Research has shown that exposure to bright lights and noise can increase stress levels, decrease property value, and negatively impact mental health. So in the midst of our bustling neighborhoods, let us not forget the beauty of simplicity and the quiet strength of community, for in the end, it's not the size of the sign that matters, but the size -- Chair King: Thank you. Mr. B. Jones: -- of our hearts. Thank you. Chair King: Thank you. Good morning. Jerome Cohen: Good morning, Madam Chair. My name is Jerome Cohen. I live at 111 th and Biscayne Boulevard. I am a Miami -Dade resident since 1946, a graduate of the University of Miami School of Law, class of 1951, and a member of the Florida Bar for 68 years, although I have not practiced law. I've worked in real estate construction and development for over 69 years, including 35 years as CEO (Chief Executive Officer) of two public companies. I have developed and built countless residential and commercial properties across the country, including many in the Miami area. I'm a longtime supporter of the Arsht Center. For 10 years, I served on the board of the Performing Arts Center Foundation, which was responsible for raising the private funds to build the center. I also served on the Construction Committee and the Audit Committee. I'm proud that my name and that of my late wife, Rita, is engraved on the wall of the Ziff Ballet Opera House. My enduring love for the Arsht Center is based in part on its unique architectural design by the late Cesar Pelli. I believe that the Perez Art Museum is another architectural gem, as is the Frost Museum. The LED billboards are an absolute eyesore. They are totally out of character and inconsistent with the internationally renowned beauty of these extraordinary buildings. I have spent decades advocating and supporting responsible development to build up our community. I hope you all take whatever action in your power to prevent any of these billboards from being erected. Commissioner Gabela, please do the right thing. Thank you. Chair King: Thank you. Good morning. Sharon Kirby: Good morning. My name is Sharon Kirby, and 1 live at 801 North Venetian Drive on Biscayne Island. I am the vice president of the Venetian Way Neighborhood Alliance. We on the Venetian Causeway are just as impacted by these billboards as the residents of Downtown Miami. We are one mile from the billboard, the building, on our two islands, and we can see the light coming in through our windows. We have to close our blinds at night. When we want to look at our view, to look at the beautifiil skyline of Miami, all you see is a white blob. It's the billboards. It's right there in your face. It just wipes out the entire view that we have. We pay a lot of money, we pay a lot of property taxes for living where we City of Miami Page 20 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 live and we choose to keep it that way. We do not need this visual pollution looking back at the City of Miami. That's not what we paid for. So please support Damian Pardo with SR.2 in the original form, in the original form without any any amendments as he presented it before. Thank you very much. Francesco Duberli: Good morning. Chair King: Good morning. Mr. Duberli: My name is Francesco Duberli, 1111 Brickell Bay Drive. I'm here supporting SR.2. And I've been a resident of Brickell for many years and I work in Downtown and I've been working in Downtown Jromany years. So as you can tell, I spend a big part of my life in this geographical area, and through the time, 1 see the many, many issues that are taking place and are decreasing the quality oflife of people like me that spend basically all my life in these areas. And what comes to my mind when I see so many things and so many important issues taking place in that area is why are we moving forward to support something that is going to even decrease more our quality of life. So I'm here talking as a citizen of Miami, as a resident of this area, asking you, begging you, to please put attention to very important issues that really matters and not to pay and approve or not supporting these type of issues or these type of projects that will impact us negatively. So I ask you to support Damian Pardo item and to please help us to increase our quality of life. Thank you. Chair King: Thank you. Good morning. Bailey Spade: Morning. My name's Bailey Spade, 2039 Southwest 60th Court. I work here on Flagler Street Downtown and frequent the area. I think it's important that the City continue to amplify the public arts and support these innovative strategies for these premier institutions to promote their programming. I think the signs with the time and manner restrictions of the amendment to SR.2 are more than reasonable and I speak in support of the amendment. Chair King: Thank you. Good morning. Amy Patricia Morales: Good morning. My name is Amy Patricia Morales, and I'm a Policy and Advocacy Manager at Engage Miami. But I'm here as a resident in support of Plaintiff's Map 5, RE.6. The Miami Citv Commission holds the responsibility to ensure that all Miami residents have a fair representation and a voice in their local communities. For generations, flawed redistricting policies have led to racial gerrymandering that harms communities of color; limiting their political power. Plaintiff's Map 5 truly unifies key neighborhoods that the Commission's maps previously divided, like Coconut Grove, Overtown, Allapattah, and Edgewater, and that is why 1 urge the Commission to vote yes on this resolution. Thank you. Chair King: Thank you. Good morning. Ryan Wolis: Hi, good morning. My name is Ryan Wolis. I live in the Mary Brickell Village part of Downtown. Thank you for having me this morning and thank you everyone for your time. It's actually pretty incredible to see the turnout from the community, on SR.2. You know, we wear these shirts and we -- because the answer is clear; the impact, you know, that this proposal will have on our community. I'm here to speak in opposition of SR.2, but I am in support of the amended compromise from Chairwoman King. You know, Miami is built on the arts. You go to Wynwood Walls, you see it everywhere. That's what this community is about. And no one would deny that Miami is a city of creative people. And that's what this proposal City of Miami Page 21 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 will do, and this amendment, and finding compromise in the community, specifically with these regulations where we could tailor certain brightness, and you know, certain operational hours. And that's what is a good compromise and a good solution to this issue. And we feel that supporting the arts, the answer is clear, as is shown by these t-shirts and the support from the community of what this will lead to. So we thank you for your time. The answer is absolutely clear. And we thank you for all your efforts, including Chairwoman King for your proposal as well. Thank you so much for your time. Thank you. Chair King: Thank you. Good morning. Andy Parrish: Good morning, Commissioners. This is in support of SR.2 with no amendments. This was in the Herald this week. Two questions heard often throughout Miami -Dade County are, why don't more people vote? And why don't our elected officials listen to us? The answers to both are related. The less our elected servants serve the best interests of the public, the fewer people vote, due to sheer discouragement. All too often, our elected officials do listen, but not to the discouraged non -voting public. Instead, they listen to those who pay for their re- elections, developers and all the other players making up this most important segment of our local economy. What must change is the negative impact that developer campaign finding has on readiness of had incumbents," that is, those who are consistently self-serving. How do bad politicians stay in office? Through fear. They use their votes to kill the projects of those who don't support them. Not only does this insidious fear keep dollars rolling their way, but even more important, it prevents dollars from flowing to those trying to unseat them. Any new person running for office will tell you the dice are loaded in favor of all incumbents, the good, the bad, and even the terrible. How can we level the election playing field, even a little? Term limits could be shortened, but don't we want to keep our good elected officials? Campaigns need money to get the word out. More disclosure of anonymous funding would help but might not help And more challengers of incumbents. Just as voter apathy has taken years to get us to where fewer than 15 percent of registered voters vote in local elections, it will take time and effort to get people back to voting other than in presidential elections. Thank you vet)! much. So this is SR.2, but a lot more. Thank you. Chair King: Thank you. Good morning. Julia Bruna: Good morning. My name is Julia Bruna and -- Mr. Hannon: I'm sorry, Chair. Can you pull the --? Yes, pull the microphone down and restate your name. If can pull it down a little further. There you go. Ms. Bruna: Good morning. My name is Julia Bruna and I work at 150 West Flagler. I'm here in opposition to SR.2, however, 1 am also here in supporting the - - Chairwoman King's compromise amendment that preserves these digital signs and premier cultural institutions in the PAMM and Arsht Center. I entirely understand the desire not to have these signs in city parks or in close proximity to residential buildings. However, these signs don't fit into these categories. In fact, this compromise will actually allow us to regulate the brightness and the operational hours, which response is -- which is in response to most of the concerns that are being heard here today. These projects positively impact the neighborhood and positively impact public art, promote the programming in the art institutions, and also generate revenue that And arts and cultures. Please vote to support the institutions that make our city great and revitalize the arts programs here. Chair King: Thank you. Good morning. City of Miami Page 22 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Lucian Ferster: Good morning, Commissioners. Thank you for your patience. Thank you for your courtesy. My name is Lucian Ferster. 1 live in the South Grove. I've lived there for 40 years. I'm here to support the Pardo position in opposition to these billboards. It's hard not to repeat what's been so well said here this morning. So let me go to the fundamentals. What's at issue here is not billboards. What's at issue here is the heart and soul of our community, who makes decisions and on what business -- what basis. Money talks and it corrupts and it makes ugly and that's what's happening here today. There are three classes of people who have spoken here this morning. There are people who have a moneyed interest in this project. 1 respect their position, but they're fungible. They'll go away and make money somewhere else. They have no real dog in this fight other than their next yacht. The second class of people are folks from the arts. God bless them. This city needs arts, the arts need support. I urge you to support the arts. I urge the donor class to get involved. The tech bros that are moving to Miami, put some money on the table for the arts. The billionaires that live on the bay, support the arts. And the third class of people are the people, and they have real concerns. The visual ugliness, the pollution, the birds, these are all issues that are a quality of life and that's what really counts. Finally, let me say this, make no mistake, this billboard issue is the thin edge of the wedge. Next there'll be billboards -- Chair King: Thank you. Mr. Ferster: -- on Jackson Hospital, the courthouse, wherever. Chair King: Thank you. Mr. Ferster: Thank you for your attention. Chair King: Thank you. Good morning. Todd Schafer: Good morning, honorable members of the City Commission. I'm Todd Schafer from Frost Science Museum. And I'd like to introduce a video from one of our Board of Trustee members and our namesake at the museum. At this time, an audiovisual presentation began. Chair King: Thank you. Mr. Schafer: Madam Chair, if you would allow my colleague, Ms. Espinoza, behind me, she will have the rest of the video played. Chair King: We're not -- we're not donating time. Mr. Schafer: All right. Thank you, ma'am. Chair King: Thank you. Commissioner Pardo: Madam Chair, can we make an exception in this case, only because it is --? Maria Espinoza: My name is Maria Espinoza -- Commissioner Pardo: Okay. Ms. Espinoza: -- External Affairs Manager at Frost Science, and I would like to continue to play the video. City of Miami Page 23 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 At this time, the audiovisual continued and concluded. Chair King: Thank you. Good morning. Jeffrey Dorfman: Good morning, Madam Chairwoman. My name is Dr. Jeffrey Dorfman. I live 2020 North Bayshore Drive in Miami. I support Commissioner Damian Pardo's efforts. I believe -- I am an art supporter and lover, but this is not about art. This is purely about money. I've been spending a lot of time speaking with one of the top forensic accountants in New York City about what is going on here, and I believe that if a hundred thousand citizens presented to you in opposition to these billboards, the decisions that could he made by these commissioners is based upon money and contributions. So what I suggest is that for Commissioner Reyes and Commissioner Carollo and Commissioner King and Commissioner Gahela and our City Manager that if one does not actually consider the possibility of the federal government stepping in and launching a forensic investigation of what is going on with the Miami City Commissioners, look around and listen to how many people are actually in opposition to what you are doing and if you want a federal investigation looking at finances of all the commissioners, then ignore the wishes of the citizens. Thank you very much. Chair King: Thank you. Good morning. Richard Pfenniger: Thank you and good morning. My name is Richard Pfenniger. My address is 760 Valencia Avenue in Coral Gables and I serve as the Vice Chair of the Board of Trustees of Frost Science Museum. My comments relate to item SR.2. Frost Science is strongly opposed to large LED signs, particularly the sign being erected by Orange Barrel Media on the PAMM property. This sign is extraordinarily offensive and will be especially harmful to Frost Science. The intense bright lights will interfere with our outdoor nighttime activities and the intense lights represent a threat to the well-being of the over 7,000 animals that live in the fragile ecosystem that we maintain at the museum. As well-intentioned as the proposed legislation being considered a maybe, it is badly misguided, and it so favors Orange Barrel Media that it seems it could have been written by one of its lobbyists. The restrictions on use of the sign are trivial and leave Orange Barrel Media's business model fully intact. The legislation would sanction Orange Barrel's misconduct by expressly authorizing its plainly illegal sign to continue. And lastly, and maybe most stunningly, the legislation would convey an enormous financial benefit to Orange Barrel Media by reducing its annual permit fee for the sign at PAMM by $370, 000 per year, an over 85 percent reduction. This is clearly not a solution to a problem. I urge you to reject this legislation. Frost Science is strongly opposed to this large LED sign and we fully support Commissioner Pardo 's efforts to correct this problem. Thank you. Chair King: Thank you. Good morning. Pedro Amos: Hi, good morning. My name is Pedro Amos. 1 am a Miami native, born and raised, the founder of Public Service Arts, a non-profit that works in teaching underserved communities and providing public artwork in underserved communities. Founder of Miami's Best Graffiti Guide and owner in 2016 and tour company. Only artist owned and operated tour company that provides tours to the neighborhood and to tourism -- tourists that come to visit the Wynwood neighborhood. I stand here today in support of SR.2, the amended version, being that, you know, the billboard serves as a platform for our community. Our ecosystem thrives on having people know about the services that we provide, whether they're, you know, public arts or whether they're anything else. 1 mean, it's something that's pivotal to the growth of our business in terms of the lack of visibility and the, you know, ugliness that it's going to create visually. You know, I City of Miami Page 24 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 remember the Coppertone ad, you know, as a little kid, and that brings me fond memories. So maybe there's some fun in that memory for us. But 1 don 't see a real, you know, big issue with this. 1 actually see many pros and 1 thank you for your time. Chair King: Thank you. Good morning. James Weller: Good morning, Commissioners. Good morning, Chairwoman. Thank you for this opportunity to speak. Good morning, Commissioner Pardo. My name is James Weller. I'm the Director of Life Support and Water Quality for the Frost Museum of Science at 1101 Biscayne Boulevard. 1 have prepared a statement here, if you don't mind me reading from it. I've been employed in zoos and a public aquaria for ten years, six years in the United States Navy, where 1 managed to discharge of water and oily waste on board in an east coast aircraft carrier, and was a full-time volunteer for AmeriCorps, where I was an environmental educator on the Atlantic coast in Delaware. And I'm married to a wildlife veterinarian. So, as you can see, my passion for the Atlantic Ocean and its supporting bodies is quite long and deep. The artificial light produced by an LED billboard can disrupt the natural behavior of aquatic, avian, and insect species, a statement that's echoed on FWC's (Florida Fish and Wildlife Conservation Commission) literature and their website on artificial lighting. Disruptions can affect migration, feeding attraction, repulsion, and others that we may not even have considered. And as a new resident to the area, I can tell you that was first awe -inspired reaction was to the beauty of the bay and the coastline. The Biscayne Bay is a wealth of biodiversity and a beautiful natural feature in this wonderful city. To upset this balance of this designated aquatic park and conservation area with an LED billboard is an injustice to the South Florida residents that are unable to speak before you today in this meeting from elegant moths to protected manatees. And I would be remiss if I ended my plea for creatures great and small there. The west facing side of the billboard of the PAMM projects onto all Frost Museum Science open water living collection exhibits, exhibits that are home to some of the most critically endangered species. The lighting plan for these exhibits is meticulously curated to mimic natural environments for exotic species quality, quality of life. An introduction of undetermined wavelength light at unscheduled intervals will have an impact on the museum's living collection. A grouping of animals that are unable to swim, fly, or crawl away, as well as a grouping that I've made a commitment to be a voice and steward for. I commit -- I support Commissioner Pardo's original plan to remove the billboard. Thankyou very much. Chair King: Thank you. Good morning. Jacqueline Kellogg: Hi, good morning. My name is Jackie Kellogg. I've also been a Miami native since 1975. My concerns and why I'm here and not at work, basically, please protect our city. Celebrate our big blue skies, our sunsets, the ocean, the reason why everybody wants to move to Miami. Don't fill our skies with Las Vegas -style lights and cheapen our city. Our city is a passage, as you've heard, from millions of migratory birds. It's what I've devoted my career to. Nesting turtles, which need darkness and stars. And actually, so do humans. So, once again, don't sell out our city. Thankyou very much. Chair King: Thank you. Good morning. Denise Galves-Turros: Good morning. Denise Galves-Turros, 2130 Southwest 20th Street. It's too bad Commissioner Gabela and Commissioner Reyes aren't here because 1 wanted to address them. First of all, based on SR.1, I want to thank Commissioner Gabela for finally working to reverse all the ordinances that were written by Joe Carollo in retaliation to a lot of the small businesses in Little City of Miami Page 25 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Havana. 1 know it doesn't get the attention the LED lights are getting, but a lot of those ordinances affected not only dozens of small businesses, but hundreds of properties, historic properties, that have been demolished. So thank you, Commissioner Gabela, for finally working to restore some of those, the damages created by the ordinances written by Joe Carollo. I also want to say that I'm wondering when the City Attorney is going to ask Mr. Carollo to recuse himself from some of the discussion, including the shade meetings. Again, after Friday's revelations of how he directed DeGrandy to put his house in District 3 illegally, which led to all of these lawsuits that are costing us now millions, I'm wondering why the City Attorney doesn't direct him to recuse himself from those meetings and any negotiations regarding lawsuits where he obviously is directly related and financially is at risk. So 1 know the previous City Attorney never did it. We know why now. I'm asking why the current City Attorney isn't doing the same now. Thank you. Chair King: Thank you. Vice Chair Carollo: Chairwoman. Chair King: Good morning. Vice Chair Carollo: This has been going on every meeting with this woman. She's the spokesperson for those that are suing the City, are suing City employees besides me. They're upset and she's upset because in one of the lawsuits that she's a party to, they lost in court two weeks ago to try to throw me out of office. And they've been losing hearing after hearing and suit after suit is getting thrown out of from the different courts with judges. Chair King: Good morning. Terrell Fritz: Good morning, Madam Chair, Mr. Co -Chair, and City Commissioners. My name is Terrell Fritz. I'm a resident at 111 East Flagler Street in Downtown Miami and Executive Director for the Flagler Business Improvement District. On behalf of the Board of the Flagler District BID (Business Improvement District), I'm here to support both SR.2 and FR.4. Regarding SR.2, outdoor advertising and LED signage, we support the repeal ordinance in its original form before the April amendments, which kind of turned the discussion on its head and reintroduced the opportunity for signage on the Historic Olympia Theater. When we first spoke to this issue in January, we thought we were being preemptive and we thought we were in good shape in April, the second reading, but the new amendments now make us fearful that the Flagler District is going to face the same lack of community process that is currently taking place at PAMM and the Arsht Center. Regarding FR.4, we support the Code Compliance Department assuming the authority to administer the City's graffiti mitigation program and extending the 10 days for the period for owners to remove or efficiently obscure such graffiti. We're very excited about something that our police commander; Dial has brought to our attention. He believes that the City -- the police Downtown now have the capacity, if we can report incidents of graffiti, to actually apprehend the offenders. And we look forward to working with them on that. Therefore, we join the Miami Downtown Development Authority in urging the City to adopt a policy waiving fines that innocent property owners incur if there is a City of Miami Police report documenting that vandalism. Thank you very, much. Chair King: Thank you. Good morning. Douglas Roberts: Good morning. Commissioners, I'm coming here again. I've been here several times to talk about the LED signs. 1 appreciate your time and on City of Miami Page 26 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 this. 1 know it's a complicated topic and when 1 read through the legislation even my head starts spinning and I have a PhD, so 1 know it's a difficult thing to work through. 1 do want to say a couple things reiterating what 1 said before about the sympathy for our cultural brothers and sisters in the area and the need for funding. A hundred percent that's -- I love museums. I'm a museum person by -- since a kid. And as you heard from Dr. Frost when he mentioned museums inspire people and that's such an important thing as we try -- as we are a great city. But I have to say that I've been in the museum field for about 25 years and this sign -- these signs of this scale are out of scale with any other museum in the world. And if you don 't believe me, I'm bringing my phone with ChatGPT and 1 asked the question, will you tell me if any major museum in the United States with a large LED billboard showing commercial advertisements? And this is its response. At this time, an audio presentation was made. Mr. Roberts: And just to reiterate that this is totally out of character with what museums do, how they work, and it would be a total shame if Miami begins this trend and it would be a real disaster for the cultural community. Thank you. Mr. Hannon: Chair, if I could have the speaker's name. Sir? Chair King: Sir? Mr. Roberts: Doug Roberts, CEO of Frost Science. Chair King: Good morning, Jacquetta. Jacqui Colyer: Good morning. I'm Jacqui Colyer, and I work at the Historic Hampton House. And I want you to know that thank you for the signs that say supporting the arts. But I also think that a part of what we really need to look at is that I support, number one, I support the issue with Damian Pardo, excuse nze, Commissioner Pardo, as it relates to SR.2, because I think it's critical for us to look at what's happening. This is not just a District 2 issue. This is a city-wide issue. This is happening to all of us. Everything that we as the people of this community want, somehow our commissioners figure out a way to daily around and put together proposals that don't make any sense to us as residents of this community. So, people don't want it, birds don't want it, turtles don't want it, and you all shouldn 't want it. Thank you. Chair King: Thank you. Good morning. Carolyn Donaldson: Good morning. My name is Carolyn Donaldson and I am a representative of Grove Rights and Community Equity, Inc., which is GRACE. And 1 know that we've been negotiating with you now for months and got to the point of a final settlement that was on the agenda for the last meeting and there was not a vote on it. It's on the agenda again today, and so we are looking forward, hopefully, to finalizing this issue and putting behind us the redistricting concerns that have lingered with us for the past couple of years. And I also, as an advocate for District 2, want to state for the record that we also support Commissioner Pardo in the effort of voting no for these giant billboard signs in Downtown Miami. Thank you. Chair King: Thank you. Good morning. Cecilia Tavera: Good morning. Cecilia Tavera, 2 Grove Isle Drive, 1405 Coconut Grove. I'm speaking on item SR.2 in support of Commissioner Pardo. By the way, I was going to dress in black, hut then I thought 1 was going to he confused by the City of Miami Page 27 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 lobbyists, so 1 changed. So 1 am against the oversized LED billboards and 1'in asking all the commissioners, please, Mr. Gabela, specifically to you, I'm asking you to listen to the residents. We -- our interest is the well-being. 1 can't believe that you as commissioners won't he looking for our well-being instead of the money people, the lobbyists. Please, I think this Commission is changing for the better of your residents, of our residents. Please think of us before voting. Thank you. Commissioner Gabela: I promise I will, ma'am. Thank you. Chair King: Thank you. Vice Chair Carollo: Chairwoman, could we get some of those lights turned off? And I'm getting concerned with what a lot of people have said here. I don't know if I'm getting traumatized but -- Chair King: Good morning. Vice Chair Carollo: -- it's starting to bother my eyes. Chair King: Good morning. Marlee Shetz: Good morning. My name is Marlee Shetz. I'm in favor of the amendment proposed by Chairwoman King. I live in Edgewater at 488 Northeast 18th Street. I'm in the Downtown area and on the Venetian Causeway almost every day. The PAMM sign is beautiful, vibrant, and a welcome addition to our amazing city. People are moving to our city every single day. The arts are a major reason. Not only does this sign add to the city, but it will help support the PAMM in the arts in this community. Please do the right thing. Thank you. Chair King: Thank you. Good morning. Lynn Hausmann: Good morning. My name is Lynn Hausmann. I live at 2843 South Bayshore Drive. Closer. Is that better? Good? Okay. I've come to City Hall to stand in front of you -- Vice Chair Carollo: Lynn, I'm sorry. If you could put it closer to your mouth. Ms. Hausmann: Is that better? Vice Chair Carollo: Yeah, a lot better. Ms. Hausmann: Can you hear me? Vice Chair Carollo: Yes, ma'am. Thank you. Ms. Hausmann: Perfect. Okay. I've come to Miami City Hall to stand in front of you, our elected commissioners, to ask you to do the right thing, to support the original ordinance from Commissioner Pardo. Our neighbors Downtown have spoken. We must have their backs. We the taxpayers must fight the lobbyists, the special interests. We the people must fight for what's right. Miami is not for sale. Our quality of life is paramount. Please, Commissioners', we elected you to do the right thing. Thank you. Chair King: Thank you. Good morning. Mercedes Rodriguez: Good morning, Chairwoman, Commissioners. My name is Mercedes Rodriguez. I live at 1510 Northwest 19th Avenue. 1 was horn and raised City of Miami Page 28 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 in District 1, and the reason why I'm here is regarding two issues. One of them has to do with the billboards. Commissioner Pardo, 1 was the member on PZAB (Planning, Zoning and Appeals Board) that seconded the motion not to approve these digital signage. It's not about being against advertisement. It's about putting them in the right place. Maybe a charrette should have taken place. District 1 borders with District 5. We have been trying to bring up Allapattah, the area with a lot of the young professionals which are moving in to some of the new developments along Northwest 36th Street. And we want to keep them there. We don't have the same beautiful canopies and sidewalks that other districts actually have. Having said that, we have a settlement agreement today regarding the districts. District 1 still remains being the forgotten district. District 1 still remains being the district for the junkyards, the towing companies, the recycling plants, the trash collection, and so on. The most important decision you have today Jrothe next 10 years is regarding the composition of the districts. The districts were made because we didn't have enough representation regarding the minority groups. We have surpassed that. If anything, I thought, based on the comments of the federal court back in January, we were going to have an increase. We all ran as candidates believing that the term would be cut short. And what happens now is the plaintiffs took their case and they won, which is great. The African American neighborhoods in District 2 got what they wanted, but it doesn't have to stop there. But they are not going to be able to be whole until 2027. So what happens in the meantime, the next three years? So, we need to maybe have a meeting regarding the districts and the boundaries and have a All discussion, not today, packed with a bunch of items on the agenda so we can really analyze the situation. I understand. Thank you. Chair King: Thank you. Good morning. Franklin Sirmans: Good morning, Commissioners. Good to see you all Thank you for everything you do every day. Commissioner Gabela: Boy, oh, boy. Mr. Sirmans: My name is Franklin Sirmans. Commissioner Gabela: It never cease to amaze me. Mr. Sirmans: I am the CEO of the Perez Art Museum Miami, located at 1103 Biscayne Boulevard. Commissioner Gabela: The hypocrisy here. Mr. Sirmans: I'm here today to express my support for the current amendment for SR.2 and to voice my strong support for Chairwoman King's amendment to the ordinance which safeguards the rights for the digital sign currently installed on PAMM's campus. The digital sign, designed by Arquitectonica, a firm that has known to be defining the Miami skyline for decades, exemplifies our dedication to innovation and creativity. It serves as a beacon for the arts and culture throughout the City of Miami, from Downtown, the place all Miamians go for cultural and sporting entertainment. Our building is small on the outside, big on the inside, unlike so many of those surrounding us. Thus, the sign will be an extension of all we do as a gallery to display works of art, giving the community a glimpse inside the museum from outside, even to those who may not be familiar with museums. Additionally, we plan to utilize the screen to promote exhibitions and events attracting new visitors to Miami, to PAMM and Downtown. The financial support generated by the sign will be instrumental to the future of Miami's museum, helping us fulfill our mission for generations to come. Inspiring -- thank you. I'm good? Joining me today are several supporters identified by their yellow shirts, who share City of Miami Page 29 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 my sentiments. We deeply appreciate your support for the arts and together we are the reason Miami is a vibrant and thriving cultural hub, a city of the future. Let's embrace it. Let's not be like other places. Thank you for your time and your support on this important matter. Chair King: Thank you. Mr. Sirmans: Thank you. Chair King: Good morning. Marcos Loureiro: Good morning, Madam Chair and distinguished Commissioners. My name is Marcos Loureiro. I live on 600 Northeast 27th Street. Thanks for the opportunity to speak with you this morning about SR.2. I support District 2's request to revert the original D2 amendment as is and reject most D5 amendments. I must express my deep frustration with the Madam Chair motion, which seems to disregard the concerns of numerous residents, including myself, who voiced their opposition to any amendment. Today is an excellent opportunity to review the state's Florida guidelines, which requires a maximum of 950 square feet of area and a maximum of 65 of height. PAMM billboard is almost double in area and height. For that reason alone, it should be rejected. Large billboards reminds me of Las Vegas and -- or Times Square, places that 1 love to visit, not to live in. Furthermore, we have been in the area for many years, and this billboard is unwelcome. We are here first. For the potential danger it pose to drivers on 1-395 expressway in route to Miami Beach to increase the risk of car accidents on distracted drivers. In conclusion, 1 urge you to support SR.2 as is and reject any changes. This is a crucial decision that will shape the future of our city. And once again, thank you for your time. Chair King: Thank you. Good morning. Maira Severo: Good morning. My name is Maira Severo and I'm the Director of HR (Human Resources) at the Perez Art Museum, 1103 Biscayne Boulevard, Miami, Florida, 33132. I'm here to express my opposition to the agenda item SR.2 as it stands, while strongly supporting Chairwoman King's compromise, which permits the sign at PAMM with thoughtful regulations on brightness and hours of operation. Despite the sign being over a thousand feet from the nearest residential building and despite many Downtown residential buildings hosting their own large, illuminated advertising signs, we still face opposition. Is advertising in the City of Miami reserved solely for commercial brands and sports teams? Does PAMM not deserve the same opportunity to promote itself? I believe we are all wary of this ongoing issue but the fact remains. We relied on the ordinance passed in 2023 and approved on first reading with a sitting District 2 commissioner to create something exceptional on our campus. We depend on the revenue it would generate for our museum, which gives so much back to the community. We greatly appreciate that the majority of the City Commission has recognized this task, allowing Chairwoman King's amendment to pass on first reading just weeks ago. Please vote in support of PAMM and all that we do for this great City. Thank you. Chair King: Thank you. Good morning. Marvin Tapia: Good morning, Chairwoman. Good morning, Commissioners. Good morning, residents of Miami. I want to say how happy it makes me every time to come into a full chamber full of residents wanting to voice their needs and their concerns with the City. With that being said, 1 think we lose sight -- residents, we lose sight of what's actually happening here. Yes, we're talking about LED billboards today, other times it's other matters, but what's really happening is this City of Miami Page 30 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 is a battle between public interest and special interests. And that's what I'm -- that's what I stand for. I feel like every, time 1 'm up here, I say the same thing. And I think that you have the opportunity, time and time again, to choose between special interests and the public's interest. You guys, as commissioners, the reason why we ran, Commissioner Gabela and myself the reason why we ran is to put the people first. Commissioner Gabela: Absolutely. Mr. Tapia: No disrespect, Damian -- Commissioner Damian Pardo, but it's not about Pardo's resolution or amendment, it's the people's. If the people are asking for something, this is what we -- this is what you should be taking into account, what the people want, not the amount of money you're getting paid, not who's telling you, but the residents. That's why you're up here, and that's something that I uphold very true to my heart. And I just want to say that -- I just want to keep it simple. Everyone else has said exactly why LED billboards should or should not be put up. But I just wanted to say, Commissioner Carollo, it's really -- you should be embarrassed that instead of listening to your residents, you're mocking them. You're up here mocking the residents instead of listening to them. I don't -- you're not up there to speak. You're up there to listen. You shouldn't be mocking your residents. You should be embarrassed about that. That's all I wanted to say. Chair King: Thank you. Good morning. Robert Tofolo: Good morning. My name is Robert Tofolo. I'm the Chief Financial Officer of the Perez Art Museum, Miami, 1103 Biscayne Boulevard. I'm speaking in support of item SR.2 with Chairwoman King's amendment. We firmly believe that PAMM is an integral part of the Downtown community. Our staff of over 200 employees and contractors work daily enriching the city's cultural landscape through diverse programming and events. The initiatives we offer contribute to making PAMM and Miami a vibrant and appealing place to both live and visit. Our capital expenditure budget for this 2024 year relies on the revenue generated by the sign at PAMM. This funding enables us to sustain and hopefully expand the valuable work we do in the community, including providing free programming for Miami -Dade schools. These funds will also contribute to our efforts to maintain and recertify the facility into the future. 1 ask you to stand with us in support of the arts and culture by supporting Chairwoman King's amendment, which will allow PAMM to continue with our forward momentum. Thank you. Chair King: Thank you. Good morning. Neil Perry: Good morning. My name is Neil Perry. I live at 2801 Florida Ave. in Coconut Grove. And I'm here to speak in opposition of the electronic billboards. I look at this problem with winners and losers and who are the winners and who are the losers. Downtown Miami, its beautiful shoreline, winner or loser, loser. The light pollution offered by these signs will just diminish. The signs will cheapen Downtown Miami. And look at the residents, winners or losers, losers. Light pollution alone, we've seen the pictures of what it looked like at night. And finally, businesses, are they being attracted to Miami with the signs or, you know, or put off? You know, I would say put off. I don 't see where these signs are going to create any tax revenue. Looks like the only winners are the special interests and that should be a giant red billboard sized flag whenn you cast your vote. So please vote not to allow these signs into the city. Thank you. Chair King: Thank you. Good morning. Grant Stern: My name is Grant Stern. 1 live at 425 Northeast 22nd Street in District City of Miami Page 31 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 2. I'm here today to ask the Commission to support Commissioner Pardo's amendment regarding the billboards and also to ask the Commission to approve the settlement with GRACE (Grove Rights and Community Equity), Inc. to end this ignominious period of racial gerrymandering in the City of Miami which has caused pervasive damage to the voters of this city. But I want to start with the billboards. Look at how many residents are here begging this Commission to respect their district commissioner. This Commission used to have something called collegiality. I remember it back when Marc Sarnoff was a commissioner and not a lobbyist for billboards. Marc Sarnoff actually fought billboards. And you know, it's funny because he won the first battle before becoming a lobbyist, of course, and then he lost up at the state. He gave the power away to the state with what he did. And here we are a decade later, and we have our state legislature -- a state legislator representing this area threatening to take everything away from the City if they make the wrong decision, to export our decision making up to the state. That's why Commissioner Pardo's amendment is so important to retain local control over what happens here. This Commission has the power of the purse. It can give money to PAMM. All these people asking the City to give away our quality of life, worth a million dollars a year or more, to PAMM should just ask for money. This is a Commission that's spending $10 million defending one rogue Commissioner. This is a Commission that's spending $3 million defending a horrifically, horrifically deficient racial gerrymandering case. The City has the money. And 1 expected the two new commissioners, both united brand new commissioners, to bring more of a pro -business approach and stop appropriating -- Chair King: Thank you. Mr. Stern: -- public resources -- Chair King: Thank you. Mr. Stern: -- and just appropriate the money. Thank you. Chair King: Thank you. Good morning. Rick Madan: Good morning, Madam Chair, esteemed Commissioners. Soon to he good afternoon. My name is Rick Madan. I'm the president of the Biscayne Neighborhoods Association and I live at 2900 Northeast 7th Avenue. I'm a resident of District 2 and I'm here today to urge you to support SR.2. These giant billboards going up Downtown, they're a big problem for our community. They're much bigger than what was previously allowed, and they don't fit in with the character of our neighborhoods. The good news is, there is a solution. SR.2 is a common-sense ordinance that simply rolls hack the changes made last year and stops these huge billboards from being built in the future. It's about protecting our quality of life. Now some folks are saying these signs bring in revenue for museums, but here's the thing, the signs are illegal under state guidelines because they're too big and they're meant for commercial advertising not museum promotions. This isn't about hurting cultural institutions; it's about following the rules and respecting our neighborhoods. District 2 residents have spoken loud and clear. We overwhelmingly oppose these oversized signs. Now we chose you as elected officials. You owe it to us to be good. We put our trust in you and you shouldn't be swayed by fancy promises of big money. We deserve leaders who fight for what's right for all of us, not just a select few. You should listen to our voices and make decisions with our best interests at heart. That's what it means to be truly representing the people. Thank you. Chair King: Thank you. Good morning. City of Miami Page 32 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Rick Shatz: Good morning. Rick Shatz, former chair of the Adrienne Arsht Center Foundation. True or false, the leaders of the opposition of the PAMM sign are repeatedly and knowingly providing false and misleading information to the public, this Commission, and the press, and are deliberately and disingenuously choosing not to correct the wrong impressions they create. True. As an example, their continued use of the photo of the one-time glitch during the testing of the sign, where it was illuminated only for a short while at far, far brighter intensity than will ever be in reality and providing that photo to the press and speaking about it during interviews is as if that's what the residents would be seeing every night. And not correcting this wrong impression. The moral of the story, you can't pretend to ride a white horse and then not be accurate and truthful about the facts. True or false, the PAMM sign is in the midst of Ferre Park, interfering with the use of green space is in the face of the residents. False. The PAMM sign is thoughtfidly placed in an industrial far corner surrounded by a concrete building, asphalt, and a highway and has no impact whatsoever on people's use of the park. It is another of the company's signs which are on the park's green space facing the residents. True or false? The compromise ordinance that Chairwoman King has proposed is far more restrictions on the PAMM sign than the proposal by Commissioner Pardo and PAMM has agreed to those restrictions on hours of operation, brightness levels, and content. True. Then what are we fighting about? It's a win -win and the proposal by Chairwoman King should prevail. Thank you for your support of the arts. Chair King: Thank you. Good morning. Michael Llorente: Good morning. Mike Llorente, LSN (Local State National) Law, 3800 Northeast 1st Avenue, representing Outfront. Good morning, Madam Chair, Commissioners. I'm here once again to talk about signs. As you all know, I represent an outdoor advertising company. I'm not in the habit of speaking publicly against outdoor advertising signs. But this is not normal. What's happened here is not normal. Last year, the City of Miami did something no other city in America has done. Think about that. No other city in America has passed legislation allowing for standalone digital mega signs on the highway three times, almost three times the size of standard billboards. No one else has done it. Yet somehow, last year, it appears that a company from Ohio convinced the City of Miami that this was a good idea here. Well, clearly it was not. It was not a good idea. And as the first signs started rising from the ground earlier this year, the community, 1 think very predictably and understandably, was outraged because this is not normal. The City Commission has an opportunity today to revisit the legislation that spawned this whole mess and to fix it, to rein it in. And we urge you to do so because these standalone digital mega signs, which don't exist anywhere else in the country, are not good for the city, they're not good for the community, and frankly, they're not good for the industry. Thank you all very much. Chair King: Thank you. Good morning. Ernesto Guevara: Hello, good morning. My name is Ernesto Guevara, and I'm coming from Fontainebleau. I'm here to speak against LED billboard lights. I'm here to remind everyone that Miami is also part of the Everglades. It is part of the greater Everglades and is known to be a sanctuary for birds and I believe that this is a threat to both the ecosystem of the people that live in this city as well as our animal friends and as well as the stars at night. Let me ask you all, how many of you have gone to the Everglades and seen the stars and then compared it when you come back here into Miami? You'll see the stark contrast between here and in the Everglades. So it is very important for me to speak out against this issue because the amount of stars that we see are decreasing. This affects the birds, the turtles, as well as human health. The amount of light pollution that we accumulate in the city City of Miami Page 33 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 affects rates of cancer, as well as reproductive problems, as well as diabetes, so it's very important to vote against this bill. Thank you. Chair King: Thank you. Good morning. John Dolson: John Dolson, 4205 Lennox Drive, Coconut Grove. I want a show of hands of everybody who remembers that movie, Cool Hand Luke. Oh, my God, I'm old. There's a line in there (UNINTELLIGIBLE). What we have here is a failure to communicate. Well, I don't think in this room we have a failure to communicate. The problem is that you don't listen. Okay, that's the second -- that's the problem. Now, I'm here to support, number one, RE.6. Do the right thing. Accept the redistricting settlement map. Put that disgusting personal gerrymandering that got you in trouble in the first place two years, put it to bed, alright? Secondly, SR.2. I don't need to go --1 was going to go through the corruption thing, but I'm so tired of hearing that today. I'm going to toss that out and just say I support Damian Pardo, who was not there when Alex De La Portilla snuck that thing under the wire when there was no commissioner, alright? Now, another -- and we 100 percent were opposed to that redistricting map and we're overwhelmingly opposed to the signs. Commissioner Reyes, this is for you. During your last meeting, you worried that that redistricting map would lack diversity on the Commission. Respectfully, sir, I love your opinion. I've always loved hearing your opinion. That's not the problem. The problem is good representation. Let me give you some stats. Of the top 100 cities by population in the country, we are at the bottom eight. In Florida, we 're at the bottom. Having 100,000 people that you 're responsible for by each commissioner is way out of whack nationally, where their average is about 35,000 per commissioner. So we need more seats. We need better representation and we need ears to get listened to, alright? You 're here for us. And do the right thing. Chair King: Thank you. Mr. Dolson: Alright? Chair King: Thank you. Mr. Dolson: One last thing. All you people in the yellow, thanks for your support for the arts, but you're wrong on the sign. Chair King: Good morning. Gary Ressler: Good morning, Madam Chair. Thank you very much. Commissioners, I'm here today as a board member and chair of the Quality of Life Committee of your Downtown Development Authority. The mission of the Miami DDA (Downtown Development Authority) is to grow, strengthen, and promote the economic health and vitality of Downtown Miami. These oversight billboards do none of that. In fact, they deteriorate the quality of life for residents, offend businesses, and negatively affect neighboring cultural institutions. For these reasons, on February 23rd, the Miami DDA passed Resolution 005-2024, opposing oversized billboards and supporting Commissioner Pardo's original legislation, and specifically asking that the Olympia he removed from the list of cultural institutions which may be advertised on with these giant billboards. Thank you for your time. Chair King: Thank you. Mr. Hannon: Chair, I'm sorry. Can 1 have your name for the record? Mr. Ressler: Gary Ressler, 169 East Flagler Street. City of Miami Page 34 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Mr. Hannon: Thank you. Chair King: Good morning. Carol Smith: Good morning. My name is Carol Smith, 3001 Southwest 27th Avenue, Coconut Grove. Regarding SR.2, please revert to the original D2 amendment, reject the D5 amendment, and please support the D2 Commissioner. Thank you. Chair King: Thank you. Good morning. Britt Sager: 1 had to double check the definition of commissioner. Commissioners are responsible for representing county interests at the state and federal level. Because I thought when all my neighbors showed up last time protesting the billboards that this would be more than enough for you to defend our county's best interests. The community felt that you were tone deaf You should not want these oversized LED billboards at PAMM that were erected illegally. Commissioner Gabela, you said that you take issue with the fact that nobody said anything until now. None of us residents on Biscayne Boulevard knew anything until now when the PAMM sign was finally turned on as Orange Barrel Media was very, very sneaky working exclusively in the middle of the night. They were sneaky again when they and their lobbyists were able to use current campaign finance laws to move large sums of money to control people they need approval from while obscuring where the money came from. They had no permit as Commissioner Pardo pointed out. They had no permit to erect the sign, therefore the sign should not have been put there in the first place. Sony, Commissioner King, but to say that they're already there so live with it is not a good solution. It's not appropriate and the government should not allow for Orange Barrel Media to do whatever the hell they want and then afterwards say, oh I'm sorry, I'm sorry, I'm sorry. They did this without permission from any of you and they did it in the middle of the night when our guard was down and when we didn 't even know; we were asleep. Trust Commissioner Pardo, Commissioners. What if it was your district? This is a District 2 issue and this is Commissioner Pardo's wheelhouse. We are united with Commissioner Pardo and with all -- Chair King: Thank you. Ms. Sager: -- the residents of Downtown. Chair King: Thank you. Mr. Hannon: Chair, if could have the speaker's name. Chair King: Ma 'am, your name? Ms. Sager: Britt Sager. Chair King: Good morning. Debbie Dolson: Good morning. Debbie Dolson, 4205 Lennox Drive, Coconut Grove. I'm speaking on SR.2 and RE.6. In recent years, residents have lined up out the door for a lot of important issues and two critically important issues are on the agenda today, redistricting and billboards. Over two years ago, I participated in a rally, opposing the redistricting map and I made two signs, support your constituents and respect our voices. So last weekend, I was at another rally opposing billboards and guess what? Same signs because this is something we keep asking for over and over and over again. Please, please listen to the residents. Both City of Miami Page 35 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 the redistricting map and the giant LED sign ordinances were overwhelming -- are overwhelmingly' opposed by residents, your constituents and the people that you represent. We ask over and over again to have our voices heard. Please respect the residents. Do not bow to the influence of money and special interests or bullies that threaten to sue the City. Please approve RE.6 today. And SR.2, I'm sorry, is not about supporting the arts and I hope that the people here don't feel that I'm not supporting the arts because I'm not supporting the billboard. Those are completely separate issues. The billboards are about money. So please revert to the original D2 amendment, reject the most recent D5 amendment. And finally, my last sign, please support your D2 colleague because when you want his support, 1 think you'll understand how important that is. Thank you. Chair King: Thank you. Billy Corben: Hi, gang, Billy Corben, (UNINTELLIGIBLE) 403 004 33139. On SR.2, the LED billboards, this is a referendum on the Miami Mafia and the old corrupt way this City used to do business when a well funded special interest lobbyist would pay Alex Diaz de la Portilla a bunch of money, cater Flanigan's and try to force a thing through that nobody wants. It's basically what happened with Biscayne Park, the Centners and their lobbyist, Bill Riley. Commissioner Gabela, you represent a new hope fbr the City and its long-suffering people. You have to decide which side you're on, the people or the mafa. You do not have to do what the lobbyists tell you to do. We all know how that worked out for the last District 1 Commissioner, and we don't want to see the same thing happen again. On RE.6, that legal settlement in the racial gerrymandering case, it includes over $1 million in attorney's fees that the taxpayers are now responsible for for the plaintiff's attorneys. I would ask you to amend or offer a pocket item to ask the -- or order the City Attorney -- congratulations getting a job nobody wanted -- to instruct Miguel DeGrandy. DeGrandy was supposed to be your redistricting consultant. He was instead your unconstitutional racial gerrymandering consultant. Notify DeGrandy to notify his malpractice carrier and put them on notice that the City is coming for not only a million dollars in attorney's fees, but for all the costs associated with fighting that litigation and his fee on that matter as well. Why should the taxpayers continue to pay the corruption tax? And I submit to you, Madam Chair and the City Attorney, that under City Ordinances Section 2-33(c)(2), you do not have the authority to unilaterally ban public speakers from yielding our time. It is a violation of City laws and exposes the taxpayers to further litigation. And Commissioner Carollo, if you want to count who supports it, let the item go to referendum. Let the people vote and decide. I know you had some trouble counting today, but the only number you need to count to is 63 and a half million. Chair King: Thank you. Good morning. Jose Morales: Good afternoon. If 1 may cut in for a second on this very important debate on the billboards, I'm here for a PZ.12, 15936, which in the name of my tenants, I oppose on the grounds that we don't fully understand what the end game of this change would mean to their lives and how it will impact them. My name is Jose Morales and I'm for 2601 Southwest 27 Street, Miami. Thank you so much for your time. Chair King: Thank you. Good morning. Nicolas Bofill: Good morning, everyone. I'm here to speak on opposing for SR Chapter 2. My name's Nick Bofill. I'm also known as the Native Guy. I'm a local beekeeper here in South Florida. I started with the Frost Science Museum seven years ago when they brought me in to help them relocate some plant material. I'm proud to say that I'm still there today and I maintain all seven exhibitions that City of Miami Page 36 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 connect our community with the importance of our Everglades and our protective animals. Yesterday 1 was called over to work on the fourth floor. And what stood out the most was this big screen that was right next to the serpentarium tank where all the snakes are kept. In front of that is where they house all the spoonbill birds and other birds that they hold in there. Right now, the spoonbill birds are currently nesting. I know that the museum has special lighting for it to help them replicate the natural area, but the billboard right behind it will definitely shine a lot more light than what the birds are used to. Granted, there is fireworks. Granted, cruise ships, Ultra, you name it, I get it. But it's not a consistent light shining onto these birds. As 1 walked to the roof the roof is usually rented out in support of the Science Museum. That's how they get funds. They put out for parties, that's what I'm assuming. The billboard oversees that entire roof I would not pay them a dollar to rent that roof if that sign is on during a $20, 000 party that I paid for. So I'm here to support Commissioner Damian Pardo and I'm against the billboards for the PAMMMuseum. Thank you for your time. Chair King: Thank you. Good morning. Good afternoon. Peter Ehrlich: Good afternoon. Chairman King, Commissioners, Peter Ehrlich. I live at 243 Northeast 59 Terrace in Lemon City. It's in District 5. I'm here to speak on SR.2. I'm a co-founder of Scenic Miami, an affiliate of Scenic America, the organization that supported President Lyndon Johnson and Lady Bird Johnson in creating the Highway Beautification Act of 1965. Please vote to oppose billboards, especially LED billboards. The proposed LED billboard adjacent to PAMM on Ferre Park is a District 2 issue. Please support Commissioner Pardo. Please ignore the campaign contributions that have been funded by the billboard company proposing the LED billboard that everybody's here to protest. Please vote to withdraw any dubious permits issued for the LED billboard proposed at PAMM. And we thank you very much for your attention. Chair King: Thank you. Good afternoon. Richard Quadri: Good afternoon. My name is Richard Quadri and I'm here to speak about Maurice Ferre Park. 1 actually was here for the CRA (Community Redevelopment Agency). 1 wasn't going to speak but I heard someone say a couple of things. And 70 percent of Americans are overweight, 30 percent of those are morbidly obese. 1 think that someone who conies in here and tries to remove something that is good for the general benefit of the human race is incorrect. I don't think we should do that. This park helps people bring communities together. You can't -- they won't let you bring food. They won't let you bring water. They won 't let you sleep there. You can 't bring chairs. You can 't have a picnic with your nephew. You can 't do anything there. I think we should open up the park. I think we should open up the gym. I think we should build more parks and more gyms to help our community not fight over something because we lost a little bit of green space or it doesn't look the way you want it to look. That's it. Thank you. Chair King: Thank you. Good morning. Silvio Pupo: Good morning, Chairwoman King. Nice to see you. Commissioners, it's great to be here with you. There's a lot to talk about. The topic of the day is obviously this light pollution issue with the billboards. So I'm going to go ahead and talk about it. And I want to commend you, Chairwoman, for proactively seeking solutions to problems that the community is bringing in front of you. I also want to commend that. And I want to support Commissioner Pardo in some of the work that you're doing and the suggestions that you have. I want to take a step back to talk about something beyond the billboards Jroa minute, though, and sort of put on my economics hat as somebody that's active on the Economic Resilience - City of Miami Page 37 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 -1 mean, the Climate Resilience Committee, to talk about something that's known as ecosystem services. And so things like birds, believe it or not, actually provide a lot of services to residents, to our community, to food security, in helping biodiversity, and in fact, there might be money here. One potential solution, and not necessarily to pick on the billboard, but more so where we're at in terms of light pollution on that intersection of the water, and you know, maybe the billboard is not an issue, but I think we need more time to really think through this. I can for sure say that the Audubon Society has something called the Lights Out Campaign. The Lights Out Campaign has influenced a number of federal bills to protect bird species at the federal government level as well that we can look at as examples to adopt here. And really all that does is say, hey, after a certain time and in certain heights, you should turn the lights off or dim them earlier to consider, you know, supporting both species. And this could increase bird migration species by as much as 80 percent, increasing our food security by 80 percent as well. Moreover, 1 want to say that this could also save us money on our electricity bill and support the greenhouse gas transition plan that we have in place. So, do consider that, you know, if you do move forward in any capacity, you absolutely need to consider times of the year where migratory species are coming in. I'm going -- I know I'm going over, just a couple more seconds. There's two times of the year that you should definitely not have any lights on and those definitely should be considered and amended if they're not already. Thank you. Chair King: Thank you. Good morning. Good afternoon. Robert Deresz: Good afternoon. My name's Bob Deresz. I've been a resident of District 2 for 54 years. I live at the end of 15th Road, right on the bay. The sounds of the porpoise wake me up in the morning. That's my only concern. I'm here to support the Honorable Damian Pardo, and I use that word -- I'm happy to say that word, honorable. And I hope everyone else in the Commission is able to sleep comfortably after what they decide tonight-- today. Thank you very much. Chair King: Thank you. Good morning. Chenell Tannure: Good afternoon. My name is Chenell Tannure. I live in the South Grove in District 2 and I'm here to support my commissioner in District 2, Damian Pardo, in his attempt with SR.2 to support the residents of the City of Miami. His doggedness on this issue doesn't benefit him. Obviously, he's outside of that loop. It benefits the rest of us and it's something that will hopefully spread in the future. I also want to say there's a lot of cynicism in the room today. I think it's clear that there were more than 25 to 30 people opposed to these billboards in this room today. I think that's clear. I agree with the gentleman earlier who mentioned that mocking the residents of the city of Miami is not a great look. And I'd also like to say that there are so many ways, there are a myriad of ways to support the arts that don't include dirty backroom deals, right, and things that are put up without a permit illegally. Let's support the arts. Let's support SR.2 and make sure that everyone can sleep at night. Thanks. Chair King: Thank you. Good morning. Jose Felix Diaz: Good morning, Madam Chair. Jose Felix Diaz, 2 Alhambra Plaza, Coral Gables, Florida. I am here today representing Orange Barrel Media and to speak on agenda item SR.2. Thank you again for the opportunity to share a few words. Chairwoman King's proposed amendment for the repeal of 2-779 demonstrates a commendable effort towards compromise. These adjustments, including brightness standards, reduced operating hours, and content regulation reflect a response to the community's concerns and provide much needed clarity regarding the City's oversight of these signs. It's essential to recognize the City of Miami Page 38 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 implications of repealing 2-779 entirely. Doing so would effectively grandfather in the sign at the PAMM, exempting it from the critical operational concessions which have been made in this amendment regarding lighting, hours, and content. We understand the community, has a concern and we think that these amendments actually address some of these concerns. Right now we heard a gentleman talking about the birds and the hours. This amendment will actually limit the hours to 11 p.m. Without it, there is no limitation. While the opposition does an admirable job, and they do, of voicing their concerns passionately, it is crucial to know that we've heard a lot of people say that they would be affected in their apartments and in their homes by these signs, yet a quick mapping that, you know, we've done shows that just in the last hearing 91 percent of the opposition came from people that did not live directly near the sign. Some came from as far away as Pompano Beach. So, you know, I want to address the elephant in the room. There's been so much talk about these signs (UNINTELLIGIBLE) other signs -- Chair King: Thank you. Mr. Diaz: Thank you, ma'am. Chair King: Thank you. Good afternoon. Mel Meinhardt: Good afternoon. Good afternoon, Madam Chair, Commissioners. We all work to serve someone. We sometimes serve others. We sometimes serve ourselves. Today's PAMM and redistricting votes is an excellent opportunity and presents crystal clear opportunity to decide who we serve. But how will we tell? The Apostle John said, "Don't look at the words and the speeches, look at the deeds and the actions. " My mother said, `Actions speak louder than words. " FBI (Federal Bureau of Investigation) Associate Director Felt said, "Follow the money," all for the same purpose. And the answer is here in FR.2 [sic], the PAMM matter, let's serve our neighbors, adopt Commissioner Pardo 's unamended proposal. Keep that simple. On redistricting matter six, I ask that you follow Commissioner Carollo's good advice here, and for the record, note the number of people that stood. We already have that information from the Clerk's archives, the hundreds of people, neighborhoods associations and civic leaders that stood trying to unify the neighborhoods of Miami. This Commission negotiated a settlement now standing before you. I most highly recommend that you adopt it as is and without amendments. Serve Miami's neighbors, our neighbors, your neighbors. Actions do speak louder than words. We'll be watching to see who you serve. Thank you. My name is Mel Meinhardt, 3075 Virginia Street. Chair King: Thank you. Good afternoon. Raissa Fernandez: Good afternoon. My name is Raissa Fernandez. I am a District 3 homeowner and 1 support Commissioner Pardo's resolution. 1 believe that it's very important for all of us to be here. All our Commissioners represent the City in total, right? And so, yes, I do not live in your district, but I do live in District 3, which is across the river. 1 have -- I love the park. I had my baby shower there when the park opened. 1 think it's a beautiful park and the pollution in lights, not only in the lights, but noise, is a very big thing that all of us in this city have to take in part when we continue to do policies or we act with contracts because this does not provide good things for our city. We cannot have these billboard signs that take over the light of our city. So please, vote no against the billboards. And I do want to make sure that I do love the arts. So I see the shirts, I see the fights, and I hope that we can find solutions to all these things. And thank you so much. Chair King: Thank you. Good afternoon. City of Miami Page 39 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Fernand Amandi: Good afternoon, members of the Commission. Fernand Amandi, 1 live in the South Grove. I'm a resident of D2, speaking in support of SR.2. Really, the main reason I'm in favor of this is because even though it doesn't impact the South Grove where I live, it does impact our district. And there was an election that took place in 2022 that elected both of you, and I think you all know very clearly that you were elected to represent the interests of the residents over the interests of the special interests. And I know that for you, Commissioner Pardo, the reason you've championed this issue from almost day one in office is because you have been hounded by an overwhelming majority of residents saying they do not want these signs. That is the issue. The issue is not support for the arts. 1 think it's a false choice, a little bit shamefid by some of our members of the arts community to present it as a choice of support in arts. I am a massive supporter of the arts. I am also against these billboards. One and two are not the same. So that's a false choice being presented. But Commissioner Gabela, I really want to address you because I think the other issue is you have appropriately and correctly stated over and over again, we need to defer to what the interests in the districts are when a district commissioner brings up. When that happens in your district, I expect everyone else here to support you. In this case, I'm asking you to please consider supporting the District 2 Commissioner that has to be held accountable to the residents and the voters in that district, as you all do as well. Thank you for your time, thank you for your service, and I trust you all will see the voice here of the many hundreds, hundreds who have come out and spoken, a microcosm of the community at large. Thank you all. Chair King: Thank you. Commissioner Gabela: Duly noted. Chair King: Thank you. Steven Leidner: Good afternoon, Commissioners -- Chair King: Good afternoon. Mr. Leidner: -- Steven Leidner, 1131 and 2nd Street. I represent the Sierra Club in South Florida, and kudos to this commission and the City of Miami for protecting our spoil islands in the Bay. Check out your Instagram feed. The feedback that I've seen has been marvelous, exceptional, overwhelming. Kudos again to you. Sierra Club supports Commissioner Pardo without exception, without amendments in his legislation. Thank you. Chair King: Thank you. Good afternoon. Samuel Blum: Good afternoon, Commission. My name is Samuel Blum. I live at 2843 South Bayshore Drive, across the street. I've been a member -- been a resident of the city of Miami for over 50 years. I take great pride in living here. I appreciate all your efforts as a commission on behalf of us. I'm here to support Damian Pardo's resolution. I am diametrically opposed to these billboards. You know, i_f the PAMM museum feels they don't have enough revenue to close their budget, they have to look for other sources. The City of Miami in the past has been very short on funds. Why don't we put a big digital billboard on this city? Of course we're not going to do it. We live on Biscayne Bay, it's our largest natural park, it's our biggest resource in this community, and it would be shameless to allow this billboard to continue to exist. I thankyou for your time. Chair King: Thank you. Good afternoon. City of Miami Page 40 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Nicole Desiderio: Hello, Nicole Desiderio, 900 Biscayne Bay. I'm here speaking on item PZ. 7 regarding the outdoor gym at Ferre Park. I'll give you guys a little break from the billboards. 1 have some information that has not yet been presented at any PZAB meeting or City Hall meeting. Manolo Reyes -- I'm sorry, Commissioner Reyes, you were very concerned about whether or not this gym was actually done properly. I have been very busy emailing Miguel Lernus, the Senior Building Inspector for the City of Miami. He said in his response, the permit is final at this time. It was finaled back on October 23rd with only a Public Works inspection. The scope of the permit was not correct. It was issued as an outdoor sport court and needs also playground equipment. Also, default table of inspections was not correct. It was lacking a minimum inspections required as follows. And there is the screenshot of what he sent me. Now last time this itein was heard, outside City counsel claimed that everything was done correctly. It clearly was not. And I just wanted to bring that to your attention. Outside City counsel also stated that there is a 2023 Comprehensive Neighborhood Plan saying that there should be a gym in a park. That is not the master plan for this park. That is a comprehensive neighborhood plan created by Parks and Recreation. Ferre Park is not governed by Parks and Recreation. It's governed by the Bayfront Park Management Trust. Therefore, that is irrelevant. I also want to show that this is the design that was proposed fbr the gym, and this was the actual pour of the concrete. You cannot just go and pour concrete wherever you want. I also just want to play a little clip from Sevanne Steiner, the Assistant Director of the Planning Department. At this time, an audiovisual presentation made. Ms. Desiderio: Sorry, 1 don't know if the volume is not like, you can't hear it, right? Chair King: Thank you. Ms. Desiderio: That's it. Okay. Thank you. Chair King: Thank you. Good afternoon. Manny Prieguez: Good afternoon, Commissioners. Manny Prieguez, 4000 Malaga Avenue, Miami, Florida, 33133. I'm here on behalf of the heliport on Watson Island and Mr. Paul Dudley. My bad, Commissioner Pardo, for not being a little bit more diligent in getting ahold of you and talking to you about this issue. I'm here on behalf of RE.12 that's sponsored by Commissioner Pardo. First and foremost, let me just say that Paul Dudley, the heliport, myself, we 100 percent support paddle ball. A hundred percent support it, and supported it last year when a resolution was passed by the City Commission granting an extension for a special use permit for the tournament. But what we were very diligent in asking was for there not to be helicopter activity at the seaplane base. And the resolution that passed last year had clear language that there could not be landings and taking off of helicopters because it's inherently dangerous. Paul Dudley is an aviation expert. He runs an airport in New Jersey. He understands this better than most people. He's a certified pilot. He flies helicopters. So when your resolution came up and that language was not a part of it, it obviously brought us back to what happened last year. So I believe the resolution is identical to what they did last year, except for that language. So I'm here to ask the Commission to please amend the resolution so that it includes that language, so that we can have a safe environment. And you know, let's let the heliport be the heliport, and let's let the seaplane base be the seaplane base. If they want to do a paddle ball tournament, we support it. So 1 ask you Jroyour indulgence in that matter. It is a life safety issue. Thank you very, very, very much. City of Miami Page 41 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Chair King: Thank you. Good afternoon. Therese Vento: Good afternoon. My name is Therese Vento, general counsel of the Perez Art Museum Miami, 1103 Biscayne Boulevard. I'm here today in support of Agenda SR.2 as currently worded. I want to dispel some confusion about the PAMM lease. First, I want to emphasize that PAMM has maintained complete transparency throughout the entire process with the City. This includes the amendment to Section 2-779 of the Code and the subsequent permitting process. It is deeply disheartening to see consent under the lease being weaponized against us in Commission meetings and media discussions. We have always considered the City of Miami a supportive partner and friend and are saddened by the current narrative. Extensive research has been conducted on this issue, and a detailed memo has been provided to City Attorney Wysong. We are confident that the City's consent to construct the sign was not required under the lease, and the construction is in accordance with permitted uses, encompassing primary and ancillary uses, which do not necessitate consent. But even if the City's consent is required, it has been granted in its proprietary capacity. Section 2-7790, which was amended in January 2023 to include PAMM, exclusively states that, "Any sign permit issued under this section constitutes the exercise by the City of its proprietary authority," as a landlord. The City enacted 2-779 of the Code, thereby consenting to the sign in its proprietary capacity. Further, the City approved all necessary permits, zoning, and licensing. The ability to enter into the license agreement has -- and the sign's construction has been approved by the City in its proprietary and municipal capacities. To prevent any potential litigation, as belts and suspenders, we'd like to make a formal request, Chairwoman King, Commissioner Gabela, Commissioner Carollo, Commissioner Pardo, and Commissioner Reyes, on behalf of PAMM, 1 respectfully request that you direct the City Manager to sign the consent form approved by the City Legal Department in March 2023. Thank you. Chair King: Thank you. Good afternoon. Helena Maria Lim: Good afternoon, Madam Chair, Commissioners. I had prepared a (UNINTELLIGIBLE) statement, but 1 forgot my reading glasses. My name is Helena Maria Lim. I live in New York for 50 years, and I've been a resident of the Biscayne Towers for the past couple of years. I must say that in New York, I live in a very residential area on the Upper West Side. No billboards there. All the billboards in Times Square, where they have no residents, hotels, shops, restaurants, and of course, tourists. On a nutshell, I want -- I strongly would like to request to revoke the SR.2 LED billboards ordinance. We live -- ours is a residential area. Those huge billboards not only present a dangerous distraction to drivers, but they are also a disturbance to the downtown community. And now I just heard that they are also harming the birds. This is terrible. I just heard it today. This is not about art. The PAMM Museum is a beautiful place. I'm very fond of it, but that billboard that has nothing to do with art is about money. Thank you so much. Chair King: Thank you. Good afternoon. Alexandria Ledezma: Good afternoon, Ms. Chair. My name is Alexandria Ledezma. I'm the vice president of the Downtown Neighbors Alliance and also the president of Met 1 Condo. I'm here as you've heard many residents, and I've come here over and over, like many other people. I hope today will be the final decision, and the decision will be to revoke all amendments, the PAMM billboard, and to support Commissioner Pardo's -- his non -billboard request. Also, we hear a lot about the amount of people that show up. Well, I have over a thousand signatures for all the residents in District 2 that unfortunately they could not come because they work for a living so we could pay for the homes that we live in in the district. So I'd like to City of Miami Page 42 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 present this for the record. And also, you know, it just seems like we continue on and on about the billboards, and I hope, again, you've heard it. You guys must be exhausted. How many meetings, how many hours have you guys heard over and over? And it's time to now say, listen to the people. Listen to the voice that -- the voices that live in your community or the people of the city. So again we hope and - - and say no billboards in District 2 or in Miami. And I'm saying ,for the large billboards. Thank you. Chair King: Thank you. Good afternoon. James Torres: Good afternoon. My time hasn't started, he's setting up. I'm just (INAUDIBLE). That's on a loop, right? Unidentified Speaker: Yeah. Mr. Torres: Thank you. Right here. Thank you, sir. Good afternoon, Chairwoman, Commissioners. My name is James Torres, president of the Downtown Neighbors Alliance. I want to start out with a question. Chairwoman King, does your item remove the PAMMsign? No? Commissioner Pardo, does your initiative remove the PAMM sign? No. So let's be very clear. Everyone's been up here asking to remove Commissioner Gabela: You don't -- you don't want to ask me? I've got an amendment too. Mr. Torres: But you can't go against my time. 1 mean, if we're going to play commissioners here, I just want to be clear. Commissioner Gabela: Go ahead. Mr. Torres: So the facts are clear. The PAMM billboard approved, reeked of shady backroom deals, corporate money, swindling decision -making, exploitations during a vacant seat that was provided here in District 2. Yet no one wants to look at the improprieties that are happening here. What is happening here? A lot of commissioners were paid off at the fact of the District 2. Let's he very clear. There are options available here. Commissioner King's ordinance allows these billboards to extend with a carve -out, despite its improper rarities. Commissioner Pardo originally flawed ordinance that fails to revoke the PAMM billboard, or the right path is to revoke. To revoke. To revoke. And I'm going to keep repeating that because no one's talking about that. We must send an unmistakable message. Our city's landmark and quality of life are not commodities to be auctioned off to the highest bidder, Orange Barrel, and highest bidders that corrupt practices. Revoking these permits remove these billboards and uphold the integrity of the public process and deterrence to give our quality of life a better situation. Look at the pictures. Enjoy the view because I don 't want it. Thank you. Chair King: Thank you. Is there anyone else here for public comment? Mr. Torres: Thank you, sir. Chair King: Good afternoon, Mr. Monty. Monty Trainer: I feel like I'm at home when I come here. I remember when I opened up Monty's in 1969, I used to spend half my time over here trying to get permits. But it's always fun to be here, to see everybody that 1 know and respect. I'm supporting my commissioner from District 2 on the revocation of the billboards. 1 don't think -- a little history, the way we got the $5 million is Rosario City ofMiami Page 43 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Kennedy and Rodney Barreto, myself, took my boat up to Washington. We met with Claude Pepper, Bill Lehman, Larry Smith, our whole delegation, and the boat stayed up there for two weeks until we got $5 million to finance the park. So that's why it's named Claude Pepper Park, because he put up that 5 million. And I don't think when we were talking, his vision was billboards. We were talking about arts and culture and entertainment and a people's park. And much like a people's -- like we do on New Year's Eve in the Bayfront Park Trust, we have 100,000 people that come down. When they had the Orange Bowl Parade, no place to go, we opened up Bayfront Park, and that's where the 100,000 people who didn't have to go to restaurants, they got in free. And then of course the parks, and -- and I have to say something about our parks, because we've got a couple of directors, Andrew and Chris. We go from St. Stephen's all the way down, waterfront park, and at the art festival, everybody, all the artists comment on the fact that it's a waterfront park for arts festival. So we have to take advantage of that, and we do all the time. And that's the most important thing is our water. Our waterfront is what we're selling. We sell it. All our advertising going out is the water in our parks. Bayfront Park is a jewel. All our parks along the bay are jewels. All we have to do is protect these jewels, and we can't do it with billboards. And I thank you to be here. Thank you, Todd. Thanks for that buzzer. You got the buzzer? Boy, we used to be buddies. Thank you. I appreciate everybody. Chair King: Thank you for coming. Mr. Trainer: Thank you. It's been a long day. Now I know why I didn't run for commission. 1'd have to sit here the whole time. Chair King: Thank you. Seeing no one else for public comment, the comment -- the public comment period is now closed. It is 12..40. I'm going to ask my colleagues, would you like to take a break? We have the Southeast Overtown/Park West CRA (Community Redevelopment Agency) meeting to directly follow. And after that, we'll take a lunch break. So -- (COMMENTS MADE OFF THE RECORD) Chair King: Yes. (COMMENTS MADE OFF THE RECORD) Chair King: It's quick, quick, quick, quick meeting. Vice Chair Carollo: (INAUDIBLE) break at 12, but if it will be five minutes, I can stay five more minutes, but -- Chair King: Yes. Vice Chair Carollo: But I have to go. Chair King: So the City of Miami Commission meeting for May 23rd, 2024 is now in recess. [Later...] Vice Chair Carollo: I always do, whether we agree or disagree. However -- Unidentified Speaker: Can 't hear you. Vice Chair Carollo: -- when, I believe it was Mr. Elvis Cruz talked about all the City of Miami Page 44 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 people that were supporting not having the billboards stand up, 1 thought it was being helpful to him by acknowledging what seemed to me was the count about 25 to 30 that stood up. Certainly, whatever the video that we took doesn't lie. Now, I'm sorry if there were some here that are upset. Those that were the people who stood up, probably there were another 10, 15 people that came in supporting it afterwards, maybe even 20. But, you know, those were the numbers. Don 't take it out on me, because that's who stood up. Furthermore, it's only -- you know, there were statements made that there were hundreds of people here. We only have 132 seats. And even now, if you look around, you see how many are empty. It's just like before. So don't take it out on me on something that was a fact. And 1 certainly did not acknowledge how many people there were here to try to belittle anyone or disrespect anyone. That was certainly not the intention. Now, on something else, and look, many of the statements that have been made in billboards, 1 agree with most of you. That's not the issue, when we get to that, I'll explain to you what 1 see the issue is now. But -- and I'm not doing this just for this here, but for a lot of this stuff that we hear all the time, that there are petitions that are signed. It's a petition that was just given that said that there were a thousand people, neighbors, that couldn 't come to oppose the billboards. Well, let me tell you where they're from. Here's one, New York; Hollywood, Florida; Wellington, Florida; Bayonne, I don't know, never heard of it, New York, you could keep going on; Atlanta, Georgia. It goes on and on from Miami Beach; West Palm Beach; New York; Wellington, Florida; Odessa, Florida; Coral Gables; Miami Beach; Annandale, Virginia; Miami Beach; Dallas, Texas; Wellington, Florida. You have Los Angeles; Fort Lauderdale; San Antonio, Texas; Brooklyn, New York; Key Biscayne; Chicago; Fort Lauderdale; Key Biscayne; Coral Gables; Key Biscayne; Key Biscayne; Fort Lauderdale; Key Biscayne, Asuncion, Paraguay; Portland, Oregon. There are so many that I could go on here, Newport Beach, California; Richmond, Texas; Los Angeles, California; you have New York again; Santo Domingo again; Dallas, Texas; Los Angeles; Frisco, Texas; Claremont, Florida; Key Biscayne; Chicago again; Rochester, New York,• Delray Beach, Tampa; Miami Beach; Dolantown, Pennsylvania; Miami Beach; Fort Wayne, Indiana; Huntsman Beach, California; New York, New York,• Tacoma, Washington; Grover Beach, California; San Diego, California; Charleston, Indiana; Grover Mill, I don't know where that's at in the U.S.; Tampa, Florida; Brooklyn; Wakefield, Massachusetts; Orange Park, Florida; Rochester, Minnesota; Katy, Texas; Amarillo, Texas; Atlanta, Georgia; Danville, California; Houston, Texas; Yorba Linda, California; I could go on and on and on. And this is why when you hear people tell you they've got these petitions and stuff - Unidentified Speaker: Can I make a point of order? Chair King: No, ma'am. Please sit down. Please sit down. Unidentified Speaker: No point of order. Chair King: Please sit down. Vice Chair Carollo: So many are not our local people. And 1 respect everyone's opinion here. And as I stated, I think many of the things that I've heard here, and others that 1 haven't heard, were legitimate reasons to be against the billboards. (COMMENTS MADE OFF THE RECORD) Commissioner Pardo: Madam Chair? (COMMENTS MADE OFF THE RECORD) City of Miami Page 45 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Chair King: Hold on a second. Hold on a second. Mister -- Vice Chair Carollo: You know, it's a one way street for some. It's, you know -- Chair King: Commissioner. Vice Chair Carollo: -- I've been respectful for all this time, hearing people, and you know, I just needed to bring this up. So if we can move on to the meeting now. Thank you. Chair King: Commissioner Pardo would like to say something. Commissioner Pardo: Yeah. Madam Chair, the only thing I wanted to say is I encourage everyone to have a copy for themselves. It's largely filled with City of Miami, overwhelmingly. So, you know. Chair King: I understand. So at -- Commissioner Gabela: So, can we move on to the CRA business? Chair King: At this point, the City of Miami Commission meeting is in recess. We will return -- wait, let me ask my colleagues. We have a shade meeting. Do you want to take the shade meeting right after lunch or do you want to come back to the Commission meeting and meet after? Shade meeting after the lunch? Mr. Hannon: We do have a time certain item. The supervisor of elections will be here at 3 o'clock. Chair King: Okay, Todd, we might be finished, we might not be. Vice Chair Carollo: Come back at 3. Commissioner Gabela: Excuse me, can I interject here, Madam Chair? Chair King: Commissioner Gabela? Commissioner Gabela: Can we get the redistricting business put to bed? Can we do that? Chair King: We will do it in order, not -- Commissioner Gabela: It seems to me that we're going to have a long day today with, you know, the legislation going on. Chair King: We will do it in due course. Commissioner Gabela: So, where are we at? Chair King: So, I'm trying to -- do we want to do the shade meeting right after lunch? Vice Chair Carollo: Yes. Chair King: Yes? Yes? Vice Chair Carollo: Yes. City of Miami Page 46 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Chair King: Yes? Okay. So we're going to go into the CRA meeting. We're going to break for lunch. After lunch, we'll go right into the shade meeting. And then -- Vice Chair Carollo: 3:00 p.m. 3:00 p.m. to the shade meeting. Chair King: No, uh-uh. Vice Chair Carollo: We're at 1 o'clock now. Chair King: Okay, yes. Okay. Alright, so we should be back at 3:00 p.m. after lunch because it's 1 -- it's almost 1 o'clock now. Vice Chair Carollo: For the shade meeting. Chair King: The 3:00 p.m. meeting for the shade meeting. Yes. Okay. Thank you all. Have you flipped the tape? Mr. Hannon: We had to wait for the -- 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 47 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 PA - PERSONAL APPEARANCE PA.1 PERSONAL APPEARANCE 16072 A SPECIAL APPEARANCE BY THE OFFICE OF STATE REPRESENTATIVE VICKI LOPEZ REGARDING PAMM BILLBOARD. rRESULT: PRESENTED Chair King: And at this time, we are going to open the floor for public comments. First, wait, wait, wait a second. We have a personal appearance by State Representative Vicki Lopez. I'm going to allow her to go make her presentation first. Good morning. Vicki Lopez: Good morning, Madam Chair, members of the Commission. Thank you so much for the privilege to address you on one of your items today. As you all know, my name is Vicki Lopez and I represent District 113 in the State Legislature. I'm here today because of the growing concern about digital signs in the urban core of my district. The weeks leading up to today have seen an uptick of concerns by residences and businesses alike regarding the PAMM (Perez Art Museum Miami) sign. I represent parts of the districts of Commissioner Reyes and Pardo and the complete district of Commissioner Carollo. 1 have enjoyed a good working relationship with each commissioner and have partnered with each of them when there were concerns with our mutual constituencies. In this case, 1 have worked closely with Commissioner Pardo, given that this issue is confined to his district and thus I defer to him as it relates to the City's role in this situation and hope that all of you will as well. I'm not here to argue the merits of either side of this. I do, however, want to set the record straight as to the State's position based on Chapter 479. It should be noted that this statute was created long before digital signs were ever invented, and it's an important distinction given that digital signs allow for multiple messages to be displayed periodically on a sign. Let me reiterate what FDOT (Florida Department of Transportation), Office of Right of Way, has already shared in a letter to Orange Barrel Media dated October 11 th, 2022. I'm sure that this has probably been relayed to you as well. In its response regarding the proposed plan to construct signs at the Perez Art Museum of Miami, FDOT determined that the sign would not be subject to the FDOT permitting requirements. It considers the sign on premises and as such, non -rental income from the displays may not be received from the entity that owns PAMM, which in this case is the City of Miami. Therefore, any revenue derived from the sign may be shared with PAMM, but not with the City. In addition, the permitting exemption will apply as long as any commercial advertisement to be displayed is for the business conducted or products, services, brands, activities, foods and beverages available to purchase at a retail shop, gift shop, restaurant, sell) service to commerce kiosk, both or other method of sales or sales inquiry. Let me give you examples because there's been great confusion about this. If Coke is sold in a restaurant, they may advertise Coca-Cola on the sign. If it sells Chanel products in the gift shop, it may advertise Chanel. And I just learned yesterday from FDOT, I tried to use the example of Mercedes-Benz and I said, could they -- could they just advertise Mercedes-Benz? And I was told that in the Kaseya Center, there is a kiosk that allows you to purchase a Mercedes-Benz. So, if in fact that is the case on this property, it can as well advertise Mercedes-Benz. This is the extent of the State's jurisdiction over the sign in question. With what FDOT can and will do is investigate all complaints regarding the sign's compliance with the permitting exemptions and if found to have merit, will enforce the statutory City ofMiami Page 48 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 provisions. Therefore, 1 suggest everyone govern themselves accordingly. Since the sign is exempt from permitting requirements as set forth in Chapter 479, the City has jurisdiction over the sign and in fact has an ordinance that provides for the use and support of public space through digital advertising content. That said, I want to be very clear. I would be remiss if I didn't sound a general alarm about the City's sign ordinance. Many different signs, whether they be murals or digital signs, are being permitted in the urban core, many of which are much larger than the PAMM sign, which is 1,800 square feet and a thousand feet from the nearest residential building. There are illuminated advertising murals that are 10,000 square feet, while the Kaseya Center sign is 3,400 square feet. Many are even closer to the residential buildings than the PAMM sign. I'm going to urge you all to revisit your ordinance to ensure that the same modifications offered in the proposed amendment apply to all signs moving forward. It only makes sense to regulate hours of operations, modulation and ambient lighting, and expressively prohibit adult content. In addition to many other regulations that will strike the delicate balance between signage and the peaceful living conditions of residents who live in the urban core. Sadly, the repeal of any ordinance would grandfather this PAMM sign and allow them to operate a legally non -conforming sign without any operation concessions. The last thing we need in Miami is for Miami to become Times Square. Chair King: Thank you. Ms. Lopez: I'll just tell you this. I will he watching very closely what happens here today and I will base my next legislative steps on whatever you decide today. I want to say how much I appreciate all of your work on behalf of all the citizens of Miami - Dade, of the City of Miami and I'm grateful to represent a vast proportion of that city. Thank you. Chair King: Thank you. Vice Chair Carollo: Thank you. Applause. END OF PERSONAL APPEARANCE City of Miami Page 49 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes CA.1 RESOLUTION 15869 Department of Procurement A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BIDS RECEIVED JUNE 20, 2023, PURSUANT TO INVITATION FOR BIDS ("IFB") NO. 1353386 FOR THE PROVISION OF PROFESSIONAL INTERPRETING, TRANSLATION, AND TRANSCRIPTION SERVICES, ON AN AS NEEDED BASIS, CITYWIDE, FROM THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS ON A PRIMARY, SECONDARY, AND TERTIARY BASIS, AS LISTED IN THE ATTACHED AND INCORPORATED BID TABULATION, FROM EFFECTIFF, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("EFFECTIFF"), INTERPRETERS UNLIMITED, INC., A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("INTERPRETERS UNLIMITED"), FOX TRANSLATION SERVICES LLC, A FLORIDA LIMITED LIABILITY COMPANY ("FOX"), BILINGVAL INC, A FLORIDA PROFIT CORPORATION ("BILINGVAL"), HUMAN TOUCH TRANSLATIONS LTD, A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("HUMAN TOUCH"), AND ACCENT ON LANGUAGES, INC., A FOREIGN PROFIT CORPORATION PENDING AUTHORIZATION TO CONDUCT BUSINESS IN FLORIDA ("ACCENT ON LANGUAGES"), FOR AN INITIAL TERM OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS END USER ACCOUNTS AND/OR SUCH OTHER VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0189 City of Miami Page 50 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 This matter was ADOPTED on the Consent Agenda. CA.2 RESOLUTION 15779 Department of Real Estate and Asset Management A RESOLUTION OF THE CITY OF MIAMI COMMISSION, AUTHORIZING THE CITY MANAGER TO EXECUTE A NON- EXCLUSIVE LICENSE AGREEMENT ("AGREEMENT"), BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI YACHT CLUB ("CLUB"), IN SUBSTANTIALLY THE FORM ATTACHED AND INCORPORATED AS EXHIBIT "A," WHEREBY THE CLUB SHALL ALLOW THE CITY TO UTILIZE THE FACILITIES LOCATED AT 1001 MACARTHUR CAUSEWAY, MIAMI, FLORIDA 33132 FOR THE PURPOSE OF UPLAND AMENITIES AT WATSON ISLAND MOORING FIELD FOR A FEE NOT TO EXCEED $5,480.50 PER MONTH, CONSISTENT WITH THE APPROVED OPERATING BUDGET, AND FURTHER CONSISTENT WITH ALL LEGAL REQUIREMENTS, INCLUDING THOSE FOR PUBLIC FINANCING, CONTINUING DISCLOSURES, AND ONGOING COMPLIANCE THEREOF; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS INCLUDING, BUT NOT LIMITED TO AMENDMENTS, RENEWALS AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0190 This matter was ADOPTED on the Consent Agenda. CA.3 RESOLUTION - item Pulled from Conseil 16020 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REJECTING THE SOLE RESPONSIVE AND RESPONSIBLE BID AND ALL OTHER BIDS RECEIVED FEBRUARY 6, 2024, PURSUANT TO INVITATION TO BID ("ITB") NO. 23-24-009 AND SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), FOR THE SALE OF CITY OF MIAMI ("CITY") SURPLUS VACANT LAND LOCATED AT 2200 SOUTHWEST 9TH AVENUE, MIAMI, FLORIDA ("PROPERTY"); AUTHORIZING THE CITY MANAGER TO PREPARE AND ISSUE A NEW ITB IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR THE SALE OF THE PROPERTY. ENACTMENT NUMBER: R-24-0198 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: CA. 3, . for discussion. City of Miami Page 51 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Commissioner Gabela: Right. May I proceed? Yeah, so what I wanted to ask simply is, we had some questions, but we got it answered yesterday in the -- in the briefing. But I just want to know when these properties were bought and now we're selling them, where did the funds come from? I just want to know, City Manager, or Larry, or whoever's in charge over here. And -- and now when they're sold, where are they going back? What -- what pot, as you like to call them, or bucket, were those pulled to buy, when we bought them, if you know? And now when we sell them, what bucket are they going into, the proceeds? Larry Spring (Chief Financial Officer/Assistant City Manager): So you're referencing CA -- Commissioner Gabela: 3 and 4, right? Mr. Spring: Those were -- these are being rejected. Arthur Noriega (City Manager: Yeah, what he's asking is when they were originally purchased, when the land was purchased, what source was used? CDBG (Community Development Block Grant), I believe. Mr. Spring: We had CDBG and -- Commissioner Gabela: Was that from the general fund or was that from the commissioner's office? Mr. Spring: It was the district -- the District Commissioner's allocation. Commissioner Gabela: I'm sorry? Mr. Spring: The District Commissioner's allocation. Commissioner Gabela: Who was that? Mr. Spring: Commissioner Carollo's. Vice Chair Carollo: District 3, the allocation. Commissioner Gabela: Okay, and that one sold, and it's going back to him? Mr. Spring: Yes. Commissioner Gabela: Okay, that's all I wanted to know. Thank you. Chair King: Do I have a motion? Vice Chair Carollo: So -- so you would understand where it would go -- Commissioner Gabela: No, no, I understand. It came out of your thing. I just want it to be clear, and it's going back to you. No problem. Vice Chair Carollo: Yeah, but I think you would be happy to hear this. What we're going to do with this is transfer it to the park, the new park, the six acres that we're doing, that would be between your district and nay district. Commissioner Gabela: Which park is that? City of Miami Page 52 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Vice Chair Carollo: That would be Ruben Dario, six acres, on 17th -- between 17th and 16th Avenue, 7th Street -- actually 6th Street, all the way to 4th Street. Commissioner Gabela: You're talking about the little park? Vice Chair Carollo: No, no, no, this is 6 acres, Commissioner. Commissioner Gabela: This is six acres, what between 16th -- 16th -- Vice Chair Carollo: 6th, yeah. We're going to make that all into a park, that's been approved, with the name Ruben Dario, and it'll be next to your district, next to mine, and that's where the money will go, to be able to build that park. Commissioner Gabela: Okay. Thank you for that information. Chair King: May I have a motion for CA.3 and 4? Commissioner Reyes: Move. Vice Chair Carollo: Move. Second. Commissioner Gabela: Second. Chair King: I have a motion and a second; all in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. CA.4 RESOLUTION - Item Pulled from Consen' 16021 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REJECTING THE SOLE RESPONSIVE AND RESPONSIBLE BID AND ALL OTHER BIDS RECEIVED FEBRUARY 6, 2024, PURSUANT TO INVITATION TO BID ("ITB") NO. 23-24-010 AND SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), FOR THE SALE OF CITY OF MIAMI ("CITY") SURPLUS VACANT LAND LOCATED AT 910 SOUTHWEST 22ND ROAD, MIAMI, FLORIDA ("PROPERTY"); AUTHORIZING THE CITY MANAGER TO PREPARE AND ISSUE A NEW ITB IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR THE SALE OF THE PROPERTY. ENACTMENT NUMBER: R-24-0199 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item CA.4, please see Item CA.3. City of Miami Page 53 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 CA.5 RESOLUTION 16024 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID RECEIVED ON FEBRUARY 9, 2024, PURSUANT TO INVITATION FOR BID ("IFB") NO. 1719386 FOR THE LEASE OF A MARINA FORKLIFT, FROM THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FORKLIFT EXCHANGE, INC., A FLORIDA PROFIT CORPORATION ("FORKLIFT EXCHANGE"), FOR AN INITIAL TERM OF THREE (3) YEARS, WITH NO OPTION TO RENEW; ALLOCATING FUNDS FROM THE CITY OF MIAMI ("CITY") DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT ("DREAM") GENERAL FUND ACCOUNT NO. 04002.221050.544000.0.0, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0191 This matter was ADOPTED on the Consent Agenda. CA.6 RESOLUTION 15979 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), ACCEPTING THE STATE OF FLORIDA'S CONTRIBUTION, IN THE AMOUNT OF $1,841,311.00, FOR CAPITAL FUNDING FOR UP TO FOUR (4) NEW REPLACEMENT TRANSIT VEHICLES. ENACTMENT NUMBER: R-24-0192 This matter was ADOPTED on the Consent Agenda. City of Miami Page 54 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 CA.7 RESOLUTION 15882 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THREE (3) RIGHT-OF-WAY DEEDS OF DEDICATION ("DEEDS"), AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR RIGHT-OF-WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN A COPY OF THE DEEDS. ENACTMENT NUMBER: R-24-0193 This matter was ADOPTED on the Consent Agenda. CA.8 RESOLUTION 15976 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF MIGUEL BARALT, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $627,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT FOR INDEMNITY BENEFITS, MEDICAL BENEFITS REMAIN OPEN, 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 $626,900.00 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-24-0194 This matter was ADOPTED on the Consent Agenda. CA.9 RESOLUTION 16049 Department of Police and Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A COMBINED INTERLOCAL AND MUTUAL AID AGREEMENT BETWEEN THE CITY OF MIAMI AND NORTH BAY VILLAGE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE CREATION OF A JOINT PUBLIC SAFETY AND IMPROVEMENT ZONE, PROVISION OF LAW ENFORCEMENT SERVICES AND BEAUTIFICATION INITIATIVES PURSUANT TO THE MUTUAL AID ACT, CHAPTER 23, PART 1, OF THE FLORIDA STATUTES AND THE FLORIDA INTERLOCAL COOPERATION ACT OF 1969, SECTION 163.01, FLORIDA STATUTES, ET SEQ. ENACTMENT NUMBER: R-24-0195 City of Miami Page 55 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 CA.10 16050 Office of the City Attorney CA.11 16071 City Manager's Office This matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND/OR ON BEHALF OF MADE IN DR WYNWOOD CORP., REPRESENTED BY THE LAW FIRM OF GREENSPOON MARDER LLP, THE TOTAL SUM OF $55,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS FOR COSTS AND ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, "CITY") IN THE CASE STYLED MADE IN DR WYNWOOD CORP. VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 2022-5227-CA 01, UPON THE EXECUTION OF A RELEASE; ALLOCATING FUNDS FROM ACCOUNT NO. 00001-980000.531010.0.0. ENACTMENT NUMBER: R-24-0196 This matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO SERVICE BAYFRONT PARK MANAGEMENT TRUST ("TRUST") PROPERTY THROUGH THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION ON A REIMBURSEMENT AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE REIMBURSEMENT FUNDS FROM THE TRUST FOR THE PURPOSE STATED HEREIN. ENACTMENT NUMBER: R-24-0197 This matter was ADOPTED on the Consent Agenda. END OF CONSENT AGENDA Chair King: Are there any items on the Consent Agenda that you would like to pull for discussion? Vice Chair Carollo: If you could wait for one second, Commissioner. Chair King: Okay. In the meantime. Commissioner Gabela: All right, so I'd like to discuss CA.3 and CA.4. Chair King: CA.3 and 4. Commissioner Pardo, are there any items that you would like to pull from the consent agenda? Commissioner Pardo: None. City of Miami Page 56 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Chair King: Commissioner Reyes? None. Okay. Commissioner Carollo? No items from the CA (Consent Agenda)? Vice Chair Carollo: No, not from the CA agenda -- Chair King: Okay, so -- Vice Chair Carollo: -- that I'm seeing. Chair King: Okay, may I have a motion to pass CA.1, 2, 5, 6, 7, 8, 9, 10, and 11 ? Commissioner Pardo: So moved. Commissioner Gabela: So, 1, 2 -- Chair King: 1, 2, 5, 6, 7, 8, 9, 10, and 11. Commissioner Reyes: Move it. Commissioner Pardo: So moved. Vice Chair Carollo: Second. Chair King: I have a motion and a second; all in favor? The Commission (Collectively): Aye. Chair King: Items passes unanimously. City of Miami Page 57 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 PH - PUBLIC HEARINGS PH.1 RESOLUTION 16022 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE HIGHEST PAYING RESPONSIVE AND RESPONSIBLE BID RECEIVED ON FEBRUARY 7, 2024, PURSUANT TO INVITATION TO BID ("ITB") NO. 23-24-011, FOR THE SALE OF CITY OF MIAMI ("CITY") SURPLUS VACANT LAND LOCATED AT 2445 SOUTHWEST 5TH AVENUE, MIAMI, FLORIDA ("PROPERTY") AT A PURCHASE PRICE OF EIGHT HUNDRED FIFTEEN THOUSAND DOLLARS ($815,000.00); ALLOCATING THE SALES PROCEEDS FROM THE SALE OF THE PROPERTY TO REIMBURSE THE FUNDING SOURCES USED FOR THE CITY'S INITIAL ACQUISITION OF THE PROPERTY PURSUANT TO RESOLUTION NO. R-19-0146, THE RESPECTIVE COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG"), AND PURSUANT TO RESOLUTION NO. R-19-0049, ALLOCATING FUNDS TO PROJECT NO. 40-B183415, DISTRICT 3 PARK LAND ACQUISITION; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE PURCHASE AND SALE AGREEMENT ("AGREEMENT"), BETWEEN THE CITY AND LILIANA MEJIA ("HIGHEST BIDDER"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SALE OF THE PROPERTY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE ITB, THE AGREEMENT, AND COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY; FURTHER RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE CAPITAL PLAN, RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH, FOR PROJECT CLOSE-OUTS, AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS IN CONNECTION HEREWITH. ENACTMENT NUMBER: R-24-0200 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Are there any items from the Public Hearing, PH items, 1 or 2, that you would like to pull for discussion? City of Miami Page 58 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Vice Chair Carollo: If you could -- Chair King: PH.1 and 2. Vice Chair Carollo: By the way, Commissioner, PH.1 and PH.2 is the same as the other two that you asked about. Commissioner Gabela: Yeah. Vice Chair Carollo: And that's where they'll be going to. And they were sold for a lot more than what we bought them for. Commissioner Gabela: Yeah, I understood that. I asked the question. Chair King: So, do I have a motion to pass PH.1 and 2? Vice Chair Carollo: Yes. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. City of Miami Page 59 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 PH.2 RESOLUTION 16023 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE HIGHEST PAYING RESPONSIVE AND RESPONSIBLE BID RECEIVED ON FEBRUARY 7, 2024, PURSUANT TO INVITATION TO BID ("ITB") NO. 23-24-012, FOR THE SALE OF CITY OF MIAMI ("CITY") SURPLUS VACANT LAND LOCATED AT 471 SOUTHWEST 25TH ROAD, MIAMI, FLORIDA ("PROPERTY") AT A PURCHASE PRICE OF EIGHT HUNDRED FIFTY THOUSAND DOLLARS ($850,000.00); THE SALES PROCEEDS FROM THE SALE OF THE PROPERTY, SHALL BE ALLOCATED RESPECTIVELY TO PAY BACK THE FUNDING SOURCES USED FOR THE CITY'S INITIAL ACQUISITION OF THE PROPERTY, PURSUANT TO RESOLUTION NO. R-19-0146, ALLOCATING FUNDS TO THE RESPECTIVE COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG"), AND PURSUANT TO RESOLUTION NO. R-19-0049, ALLOCATING FUNDS TO PROJECT NO. 40-B183415, DISTRICT 3 PARK LAND ACQUISITION; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE PURCHASE AND SALE AGREEMENT ("AGREEMENT"), BETWEEN THE CITY AND SPECIALIZED PROPERTIES LLC ("HIGHEST BIDDER"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SALE OF THE PROPERTY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE ITB, THE AGREEMENT, AND COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY; FURTHER RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE CAPITAL PLAN, RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH, FOR PROJECT CLOSE-OUTS, AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS IN CONNECTION HEREWITH. ENACTMENT NUMBER: R-24-0201 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PH.2, please see Item PH.1. END OF PUBLIC HEARINGS City ofMiami Page 60 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 RE - RESOLUTIONS RE.1 RESOLUTION 16014 Department of Human Resources A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE MIAMI GENERAL EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES LOCAL 871, AFL-CIO, FOR THE PERIOD OF OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2026, WAGES ARTICLE 20. ENACTMENT NUMBER: R-24-0202 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Resolutions. Are there any items from the Resolutions, REs, that either of you would like to pull for discussion? Commissioner Reyes: Madam Chair? Chair King: Yes? Commissioner Reyes: RE.12. Chair King: 12. Commissioner Reyes: I don't know if it was included that when it was passed, it was passed with a covenant that no helicopters were going to be -- okay, and if we're going to vote on it, I want to bring it as it was before because this is a continuation of it. Chair King: So, let's pull RE.12. Commissioner Reyes: Yes. Chair King: Let's pull RE.12. Commissioner Pardo: For discussion. Chair King: For discussion. Commissioner Pardo: Yeah. Commissioner Reyes: For discussion. Chair King: Yes, RE.12 for discussion. Are there any other RE items that you would like to pull for discussion? City ofMiami Page 61 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Vice Chair Carollo: Well, RE.6I think deserves some discussion. Chair King: Okay. Commissioner Gabela: RE.6, we already discussed that in the shade meeting. I beg to differ. All we've got to do is vote up or down and that's it. Vice Chair Carollo: Well, I need to take a very, very short time to bring something that I think is important to point out. Chair King: So, we'll pull RE.6 and RE.12. Are there any other RE items that -- no? May I have a motion for RE.1, 2, 3, 8, 9, 11, and 13? Commissioner Gabela: Motion. Todd B. Hannon (City Clerk): Chair? Chair King:: Yes? Mr. Hannon: It's my understanding that RE. 9 was withdrawn. Chair King: Oh, I'm sorry. It is. Commissioner Reyes: Yes. Vice Chair Carollo: I'm sorry, RE.13, if we could pull that. I didn't realize that that was still there. RE.13. Chair King: Okay, RE.13. So, may, I -- Commissioner Gabela: So, wait, wait, wait, wait, wait. Chair King: So I'm going to say it again. Commissioner Gabela: Okay, so you're pulling -- you're pulling RE.13? Chair King: RE.6 -- Vice Chair Carollo: For discussion. Commissioner Gabela: Wait a minute. Chair King: -- 12 and 13 for discussion. Commissioner Gabela: RE.6, and what's the other one? Chair King: 12 -- Commissioner Gabela: And 12 for discussion. Chair King: -- and 13. Commissioner Gabela: Okay, 12, 13, and 6. Chair King: May I have a motion for RE.1 -- Commissioner Gabela: Motion. City ofMiami Page 62 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Chair King: -- 2, 3, 8, 10, and 11? Commissioner Gabela: Motion. Chair King: I have a motion. Commissioner Reyes: Second. Chair King: I have a second. All in favor? The Commission (Collectively): Aye. Chair King: Items passes unanimously. RE.2 RESOLUTION 15870 Department of Parks and Recreation and Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S LIST OF EXPEDITED PROJECTS PURSUANT TO SECTION 18-117 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ECONOMIC STIMULUS AWARDS AND AGREEMENTS," BY REPLACING THE CURRENT "ATTACHMENT A - 11/27/23 REVISED" WITH "ATTACHMENT A - 05/23/24 REVISED," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF INCLUDING "MARGARET PACE PARK, PARK AND WATERFRONT IMPROVEMENTS, PROJECT NO. 40-B233500"; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVALS HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0203 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.2, please see Item RE.1. City ofMiami Page 63 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 RE.3 15829 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO APPROVE THE AUDIT OF FIVE (5) CIVILIAN POSITIONS WITH A FISCAL IMPACT ESTIMATED IN THE RANGE OF $25,000.00 to $30,000.00 FOR FISCAL YEAR 2024-2025, OF THE CITY OF MIAMI'S ("CITY") POLICE DEPARTMENT ("DEPARTMENT"); AUTHORIZING THE CITY MANAGER TO MAKE ANY NECESSARY CHANGES TO ADJUST, AMEND, AND APPROPRIATE THE FISCAL YEAR 2024- 2025 OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI -YEAR CAPITAL PLAN REGARDING CITY SERVICES AND RESOURCES AS NECESSARY, LEGALLY ALLOWED, AND APPLICABLE IN ORDER TO AUDIT AND CREATE SAID POSITIONS FOR THE DEPARTMENT; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0204 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.3, please see Item RE.1. City ofMiami Page 64 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 RE.4 RESOLUTION 15674 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING APPROPRIATIONS RELATING TO THE 2023-2024 FISCAL YEAR ADOPTED OPERATING BUDGET PURSUANT TO RESOLUTION NO. R-23-0448 ADOPTED ON SEPTEMBER 28, 2023, AS AMENDED, THE FIVE-YEAR FINANCIAL PLAN, THE STRATEGIC PLAN, AND THE MULTI- YEAR CAPITAL PLAN PURSUANT TO RESOLUTION NO. R-23- 0376 ADOPTED ON SEPTEMBER 9, 2023, AS AMENDED (COLLECTIVELY, THE "BUDGET"), AND AUTHORIZING THE CITY MANAGER TO MAKE ANY NECESSARY CHANGES TO ADJUST, AMEND, ALLOCATE, AND APPROPRIATE THE BUDGET, AND ANY PART THEREOF, REGARDING CITY OF MIAMI SERVICES AND RESOURCES AS NECESSARY AND LEGALLY ALLOWED; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED OFFICIALS AND DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS AND FOR NECESSARY RELATED DOCUMENT NEGOTIATIONS AND EXECUTIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR APPLICABLE EFFECTIVE DATES. MOTION TO: Defer RESULT: DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item RE.4 was deferred to the June 13, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item RE.4, please see "Order of the Day." City ofMiami Page 65 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 RE.5 RESOLUTION 15948 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, AUTHORIZING, AND DIRECTING THE CITY MANAGER TO UNDERTAKE THIS AMENDMENT IN ORDER TO ADD TO AND TO REVISE CAPITAL PROJECTS IN THE CITY OF MIAMI'S ("CITY") FISCAL YEAR 2023-2024 MULTI- YEAR CAPITAL PLAN ADOPTED ON SEPTEMBER 9, 2023, PURSUANT TO RESOLUTION NO. R-23-0376 ("ADOPTED CAPITAL PLAN"), AS SUBSEQUENTLY AMENDED, AND TO RE - APPROPRIATE, DE -APPROPRIATE, AND APPROPRIATE FUNDING FOR THE ADDED PROJECTS IN ACCORDANCE WITH EXHIBIT "A", ATTACHED AND INCORPORATED RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY OFFICIALS AND DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH FOR ONGOING CAPITAL PROJECTS, PROJECT CLOSE-OUTS, AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS IN CONNECTION HEREWITH; PROVIDING AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item RE.5 was deferred to the June 13, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item RE.5, please see "Order of the Day." City ofMiami Page 66 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 RE.6 15985 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT AND NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED THEREIN; FURTHER AUTHORIZING THE DIRECTOR OF FINANCE TO MAKE PAYMENT, IN THE AMOUNT OF ONE DOLLAR ($1.00) IN NOMINAL DAMAGES TO THE PLAINTIFFS, AND IN THE AMOUNT OF ONE MILLION FIVE HUNDRED EIGHTY-THREE THOUSAND THIRTY ONE DOLLARS AND THIRTY FIVE CENTS ($1,583,031.35) FOR ATTORNEYS FEES AND COSTS, WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASES STYLED GRACE, INC.; ENGAGE MIAMI, INC.; SOUTH DADE BRANCH OF THE NAACP; MIAMI-DADE BRANCH OF THE NAACP; CLARICE COOPER; JARED JOHNSON; YANELIS VALDES; ALEXANDRA CONTRERAS; AND STEVEN MIRO V. CITY OF MIAMI, CASE NO. 1:22-CV-24066- KMM, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CITY OF MIAMI V. GRACE, INC.; ENGAGE MIAMI, INC; SOUTH DADE BRANCH OF THE NAACP; MIAMI-DADE BRANCH OF THE NAACP; CLARICE COOPER; JARED JOHNSON; YANELIS VALDES; AND ALEXANDRA CONTRERAS, CASE NO. 23-12472, PENDING IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, AND AMERICAN CIVIL LIBERTIES UNION OF FLORIDA, INC. V. CITY OF MIAMI, CASE NO. 2023-023038-CA-01, CURRENTLY PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0.0; FURTHER ACCEPTING THE BOUNDARIES OF EACH DISTRICT AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, WHICH SHALL BECOME EFFECTIVE SEVEN (7) DAYS AFTER THE SETTLEMENT IS APPROVED BY THE COURT, WHICH APPROVAL SHALL INCLUDE A DECREE THAT NO CHANGE IN DISTRICT BOUNDARIES CAUSED BY THIS RESOLUTION THAT WOULD AFFECT THE QUALIFICATIONS OF ANY INCUMBENT COMMISSIONER UNDER SECTION 4(C) OF THE CITY CHARTER OR CHAPTER 16 OF THE CITY CODE WILL DISQUALIFY SUCH INCUMBENT COMMISSIONER DURING THE TERM FOR WHICH THEY ARE ELECTED; FURTHER DIRECTING THE CITY ATTORNEY TO TIMELY PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), PURSUANT TO THE TIME FRAMES PROVIDED IN SECTION 2-64 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR CONSIDERATION AT A REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL MUNICIPAL ELECTION SCHEDULED FOR NOVEMBER 2025, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO ESTABLISH A NEW SECTION 13 OF THE CHARTER, TITLED " REDISTRICTING," TO ESTABLISH A CITIZENS' REDISTRICTING COMMITTEE AND PROVIDING FOR AN APPOINTMENT PROCESS, QUALIFICATIONS FOR MEMBERSHIP, TENURE, REMOVAL AND VACANCIES, DUTIES, AND PROVIDING FOR STANDARDS FOR ESTABLISHING DISTRICT BOUNDARIES; MAKING FINDINGS; AND PROVIDING AN EFFECTIVE DATE. City ofMiami Page 67 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 ENACTMENT NUMBER: R-24-0205 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes NAYS: Carollo Note for the Record: For additional minutes referencing Item RE.6, please see "Public Comment for All Item(s)." Chair King: RE.6 is up for discussion. Vice Chair? Vice Chair Carollo: Thank you. If I could get something up and I don't know if IT (Innovation and Technology) is ready Jroit or not yet. It was given to IT. I don't know where IT is at. I think here they come. All that I need is the -- one pager here like this. That's all that I need up there. Unidentified Speaker: Okay. (FOREIGN LANGUAGE). Vice Chair Carollo: Okay. On the left is the June 2023 Commission vote, that was 4- 1, for the districts that we have as of today, still. On the right is the last proposed settlement from the plaintiffs that sued us from February of this year. We have been accused of racially gerrymandering three districts so that Hispanics could get elected. And you heard two or three people today come up, repeating that lie, that we racially gerrymander three districts for Hispanics to be elected. Now, these districts are approximately, combined, close to 90 percent Hispanic. So any which way you cut them, you will end up with a majority, big majority, Hispanic district. If you look at District 1, that the Commission voted in June 2023, that was with an 89.73 percentile of Hispanics. And we're accused of gerrymandering that. Now, the proposed settlement that's here before us today, in that same District 1 you see on your right, it's got more Hispanics, 90.46 percent. In District 4, you see that we voted in June 2023, for a district that had 90.03 Hispanics. The proposed settlement before us today .fbr District 4 is 91.04 Hispanics, over 1 percentile more Hispanics. And last but not least, District 3, the district that I represent, and I'm term limited, so I can't run for this district again. So I'm not fighting for something that I won't have an interest in running in again. I can't run again. You see that the proposed settlement is 80.51 Hispanics, still over 80 percent. So if we gerrymandered this three districts for Hispanics to be elected, then why are we given a proposal that has a higher percentile of Hispanics in this districts, and that's not called gerrymandering? Racially gerrymandering. Commissioner Gabela: Madam Chair, call the question. Vice Chair Carollo: I -- no. I -- I -- Commissioner Gabela: Let's call the question. Vice Chair Carollo: No, no, no, listen. Commissioner Gabela: We 've been over this. I'm tired of this. Let 's call the question. Vice Chair Carollo: No, no. Chair King: Commissioner. City ofMiami Page 68 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Vice Chair Carollo: You could -- Commissioner Gabela: Let's call the question. Vice Chair Carollo: I have a right -- Chair King: Commissioner. Hold on, Commissioner. Commissioner Gabela: Enough of the dog and pony show. Let's call the question here. Vice Chair Carollo: I have a right -- Commissioner Gabela: We're wasting time. We're wasting time. Chair King: Commissioner, you're out of order. Commissioner Gabela: That's why we had the shade meetings. Chair King: Commissioner, you're out of order. Commissioner Gabela: With all due respect. With all due respect. Chair King: You're out of order. Commissioner Gabela: I'm out of order but I'm getting tired of this. Chair King: You have -- you have to allow your colleague -- Commissioner Gabela: Yeah, but he talks a lot -- Chair King: -- to speak -- I understand. Commissioner Gabela: -- and then we fotget. Chair King: Commissioner. Commissioner Gabela: He talks a lot -- Chair King: Commissioner. Commissioner Gabela: -- and then we forget. With all due respect. Chair King: Commissioner. Commissioner Gabela: Yes ma'am. Chair King: I would afford you the same courtesy, please -- Commissioner Gabela: Okay. Chair King: -- please. Commissioner Carollo? Vice Chair Carollo: Thank you. Now, I'd like for someone who maybe knows more than I to explain to me how we racially gerrymandered our June 2023 Commission vote, and the proposal that's being given to us today is not a racially gerrymandered City ofMiami Page 69 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 vote when it has more Hispanics. What it doesn't have is that in these three districts, all the Hispanic neighborhoods have all been divided, whether it's Little Havana, Flagami, Silver Bluff et cetera. But in the new proposal, the one neighborhood that 's probably, the most affluent, if not one of the most affluent in Miami, and one of the most non -Hispanic neighborhoods in Miami, it's all together. It's all together. So, I think I've made my case. I cannot vote for an amount to be given for something that we did not do. We did not commit racial gerrymandering. Call the question now. Chair King: Do I have a motion -- Commissioner Gabela: Motion. Chair King: I have a motion. Do I have a second? Commissioner Pardo: Second. Chair King: I have a motion and a second; all in favor? Commissioner Gabela: Aye. Commissioner Pardo: Aye. Chair King: Aye. Vice Chair Carollo: Nay. Commissioner Reyes: Before I vote, I want to make clear that I voted against it. I mean, I voted for deferring it because I wanted to see the composition because I didn't -- we didn't have a composition of all the districts. And I wanted to make sure that we were going to have diversity. And I -- I already analyzed it and I knew at the time that it was not going to cost us an additional penny, you see, to defer it. And I'm glad to say that it was deferred. If its going to he voted now and didn't have any additional cost, I would vote yes. Okay. Chair King: Motion carries. Todd B. Hannon (City Clerk): Motion passes 4-1 with Commissioner Carollo voting no. City ofMiami Page 70 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 RE.7 15706 Department of Resilience and Public Works RESOLUTION MAY BE DEFERRED A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. R-20-0296, ADOPTED SEPTEMBER 24, 2020; FURTHER, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT NO. 2 TO THE INTERGOVERNMENTAL AGENCY AGREEMENT EXECUTED ON JULY 21, 2015 BETWEEN THE CITY OF MIAMI ("CITY")AND MIAMI-DADE COUNTY ("COUNTY'), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WHICH ALLOWS THE CITY TO PERFORM CERTAIN ADDITIONAL TRAFFIC ENGINEERING FUNCTIONS WITHIN LOCAL MUNICIPAL STREETS MAINTAINED BY THE CITY, AND ALLOWS THE CITY TO INSTALL CERTAIN TRAFFIC CALMING DEVICES WITH A DESIGN PRE -APPROVED BY THE COUNTY WITHOUT REQUIRING PRIOR COUNTY APPROVAL, INCLUDING TRAFFIC CIRCLES, SPEED HUMPS, HISTORIC WAYFINDING SIGNS, RAISED INTERSECTIONS, SPEED TABLES, SPEED CUSHIONS AND CHICANES, AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED. MOTION TO: Defer RESULT: DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item RE.7 was deferred to the June 13, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item RE.7, please see "Order of the Day." City ofMiami Page 71 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 RE.8 RESOLUTION 15880 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AMENDMENT NO. 1 TO THE CONSTRUCTION SERVICES AGREEMENT ("AGREEMENT") WITH FLORIDA ENGINEERING AND DEVELOPMENT CORP., A FLORIDA PROFIT CORPORATION ("FED"), FOR ADDITIONAL WORK CONCERNING THE OVERTOWN GREENWAY AT NORTHWEST 11TH STREET (FROM NORTHWEST 7TH AVENUE TO NORTHWEST 12TH AVENUE), SOLICITED UNDER INVITATION TO BID ("ITB") NO. 20-21-004, INCREASING THE EXISTING CONTRACT VALUE BY ONE HUNDRED THIRTY EIGHT THOUSAND FOUR HUNDRED THIRTY ONE DOLLARS AND SIX CENTS ($138,431.06), THEREBY INCREASING THE TOTAL COMPENSATION LIMIT FROM NINE HUNDRED SEVENTY THOUSAND FIVE HUNDRED EIGHTY EIGHT DOLLARS AND SEVENTY FOUR CENTS ($970,588.74) TO ONE MILLION ONE HUNDRED NINE THOUSAND NINETEEN DOLLARS AND EIGHTY CENTS ($1,109,019.80); ALLOCATING FUNDS FROM THE APPROPRIATE SOURCE OF FUNDING, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT WITH THE FED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING CONTRACTS, AMENDMENTS, AND EXTENSIONS SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0206 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.8, please see Item RE.1. City ofMiami Page 72 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 RE.9 RESOLUTION 15626 Commissioners and Mayor RE.10 16048 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER, PURSUANT TO SECTION 18-72(B)(14) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO SELECT UP TO FIVE (5) PROSPECTIVE INDEPENDENT EXPERTS IN LEGAL AUDITING AND REVIEW TO REVIEW PENDING LITIGATION CASES INVOLVING THE CITY WHERE THE AMOUNT IN CONTROVERSY IS FIVE MILLION DOLLARS ($5,000,000.00) OR MORE AND PROVIDE RECOMMENDATIONS FOR OPTIMIZING THE MANAGEMENT OF THOSE PENDING LITIGATION CASES AND PROVIDE A REPORT TO THE CITY COMMISSION; DIRECTING THE CITY MANAGER TO OVERSEE THE PROCESS OF HIRING THE EXPERT AND TO ENSURE THAT THE SELECTION IS MADE BASED ON THE EXPERT'S QUALIFICATIONS, EXPERIENCE, AND REPUTATION IN THE FIELD OF LEGAL AUDITING AND REVIEW; FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE THE NECESSARY FUNDS TO COVER THE EXPENSES ASSOCIATED WITH HIRING THE EXPERT AND CONDUCTING THE REVIEW AND AUDIT OF THOSE PENDING LITIGATION CASES; FURTHER DIRECTING THE CITY MANAGER TO SELECT THE EXPERTS AND PRESENT THEM TO THE CITY COMMISSION FOR FINAL SELECTION AND APPROVAL BY APRIL 25, 2024. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.9, please see "Order of the Day." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO PREPARE A LETTER OF SUPPORT FOR MIAMI-DADE COUNTY'S PROACTIVE APPROACH TO EXPANDING SHELTER AND SERVICES FOR THE BENEFIT OF INDIVIDUALS EXPERIENCING HOMELESSNESS; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-24-0207 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.10, please see Item RE.1. City ofMiami Page 73 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 RE.11 16064 Commissioners and Mayor RE.12 16070 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A TEMPORARY ACCESS AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH 2871 OAK LLC, A FLORIDA LIMITED LIABILITY COMPANY, TO ACCESS A CERTAIN PORTION OF CITY OF MIAMI ("CITY") OWNED REAL PROPERTY LOCATED AT 2975 OAK AVENUE, MIAMI, FLORIDA 33133, COMMONLY KNOWN AS FIRE STATION NO. 8 ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE AGREEMENT, SOLELY TO RESURFACE, PAVE, AND STRIPE THE PARKING APRON AND STALLS, INSTALL PARKING STOPS, FOR FIRE STATION NO. 8 FOR PURPOSES OF COMPLETING THE INSTALLATION OF A FLORIDA POWER & LIGHT ("FPL") TRANSFORMER ON THE PROPERTY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. ENACTMENT NUMBER: R-24-0208 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.11, please see Item RE.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TEN (10) WEEK TEMPORARY EVENT LIMITATION PER YEAR FOR THE PUBLIC PROPERTY LOCATED AT 1000 MACARTHUR CAUSEWAY, MIAMI, FLORIDA PURSUANT TO CHAPTER 62/ARTICLE XIII/DIVISION 1/SECTION 62-521(B)(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 RESERVE PADEL MIAMI EVENTS TO BE HELD FROM JUNE 19, 2024 THROUGH DECEMBER 31, 2024. ENACTMENT NUMBER: R-24-0209 City ofMiami Page 74 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For additional minutes referencing Item RE.12, please see "Public Comment for All Item(s)." Chair King: Are there any other items that my colleagues would like to defer off of the agenda? Seeing none. Commissioner Gabela: Hang on a minute. Chair King: Hold on a second. Commissioner Gabela: Sony. Okay. Let me see if I got this right. On the RE.12, I think in the briefing that we had yesterday, weren't we going to defer that? Was it your request that you made? It's kind of fogged. RE. 12? Arthur Noriega (City Manager): What about RE.12, Commissioner? It's hard to hear you. Commissioner Gabela: Oh, sorry. That weren't we going to -- in the briefing, didn't we agree that somebody had requested to defer that? Mr. Noriega: To defer it? Commissioner Gabela: Yeah. Didn't you request to defer that? Mr. Noriega: No. Commissioner Gabela: No? Mr. Noriega: No, no, no. Not -- it wasn't a deferral request. Commissioner Gabela: The RE.12, what is the -- I'm sorry, the RE.12 -- Commissioner Pardo: RE.12 is a renewal for -- basically a renewal of an event permit, but that's settled last night. So, we just kept it without any reference to anything else to keep it simple. Commissioner Gabela: Okay. Chair King: Okay. Commissioner Gabela: Okay, so no, I don't have anything. Chair King: Alrighty. [Later...] Chair King: RE.12. Commissioner Pardo: RE.12 is -- is the renewal for the event permit for Padel, and before previously there was some language about helicopters but last night they City ofMiami Page 75 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 settled with Chalk's, and this complicates that. I don't want to invite any potential lawsuit or any other complication. So I've just kept it simple, but I'll defer to the administration. Commissioner Reyes: Okay. I want -- I want to hear from the City Attorney, and if there is any conflict with the covenant that we have. George Wysong (City Attorney): So the -- just let me put out there first, the language that you mentioned earlier was in the previous settlement, there was language that said there shall be no helicopter takeoffs, landings, or parking operations on or above any part of the property. Any instance of helicopter takeoffs, landings, or parking operations on or above any part of the property will render the temporary event permit null and void. As Commissioner Pardo indicated, there was a settlement, we took it to the City Commission, I'm not sure if it was the last meeting or the previous meeting. It was finally signed late last night, we received word of it. I can't tell you whether or not this will or will not impact the settlement. The issue is, as you heard earlier today, there may be some incongr -- helicopters and paddle ball events may not be the most suited for one another, but it's ultimately, at the end of the day, up to this Commission to decide whether you wish to add the additional language. Here's the thing, adding the language does not prevent the property owner from landing or taking off helicopter. What it would do is prevent him from having the paddle event and landing or taking off helicopters. So, that's ultimately the decision. Do you want to hold the paddle -- Padel, sorry, event organizer to language that says the property owner cannot use the facilities for helicopter take offs and landings as well as the Padel event. And mind you, this is a seaplane base, which is designed for the takeoff and landings of seaplanes -- Commissioner Reyes: Seaplanes. Mr. Wysong: -- into the government cut -- Commissioner Reyes: Yes, what I want -- what 1 want to keep it is -- Mr. Wysong: We haven't -- by the way, we haven't spoken to the plaintiffs in that case, so I do not know what impact this would have in our relationship with them now that we have issued this settlement. This -- the other alternative for you all is this is slated to begin June 19th, 2024 through December 31st, so we could potentially bring it back at the next meeting after having consulted with all the parties -- Commissioner Reyes: Yes. Mr. Wysong: -- but it's ultimately up to you to decide. Commissioner Reyes: But what I don't want is, we have, I mean, helicopter activity going on, but I don't want them to be competing. You see, seaplanes are seaplanes, and they have the -- they have a license to land and fly seaplanes, not helicopters, okay? That's whatl want to make sure. Right? That wouldn't be any competition. Arthur Noriega (City Manager): So, I mean, it might require a little more research on our end, but I believe that the airport license they currently have -- now, we've had a lot of back and forth relative to whose license that should be, whether it should be the City's or the operator's, certainly would not prohibit them, as I'm aware, from landing helicopters. There's no prohibition to landing a helicopter. Now, the issue really is whether or not there is a concern over helicopters landing, the event that's taking place, the ongoing paddle, or Padel, operation there, the impact there, as well as the impact to the heliport across the way in terms of the other side of the City ofMiami Page 76 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 island or close proximity to the island. You know, this is -- this is a -- my -- and for the record, let me say that the Chalk's operators have not spoken to us. The only, contact we've had is with representatives of Padel, not Chalk's. So I have no sense of whether or not, you know, how averse they are to this language in any way. I haven't spoken to them directly. It might be good form, as George recommends, to maybe ask them what their perspective is and if they in any way, shape, or form would take action based on the settlement agreement, I don 't know. I haven't had a conversation with them. So -- Commissioner Reyes: Well, they couldn't be playing paddle ball and landing -- Mr. Noriega: Well, they -- Commissioner Reyes: -- at the same time, you know. That's what -- I don't want it to happen at the same time. Mr. Noriega: Well, I'll tell you there is evidence that they have had the paddle operation and landed helicopters. They have, because I have photos of them. Commissioner Reyes: I'm talking in the same place. Commissioner Gabela: So, Madam Chair, can I motion, through the Chair, to defer? Since in light of the situation, so we can further -- Chair King: I have a request to defer RE.12. Do I have a second? Motion dies for lack of second. Commissioner Gabela: Okay. What are we doing? Commissioner Pardo: I just thought the easiest way, because it is complicated, was to go ahead and give the approval for Padel, because it's an event, and it seems like we should be able to work this stuff out. Vice Chair Carollo: Move. Commissioner Reyes: If -- if we are going to go ahead with it, it is under the condition that you are -- the City Attorney and the City Manager, they are going to further analyze this and make sure that it doesn't, 1 mean, that it's alright to have a covenant that they -- or additional language that they won't be having helicopters landing while they were playing paddle ball, okay? Commissioner Gabela: Second. Commissioner Pardo: Sounds good. Commissioner Reyes: Okay. Chair King: So I have a motion and a second. All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): And Chair, for the record, that's as is. Chair King: As is. Mr. Noriega: So, it's as the language is currently proposed in the -- City ofMiami Page 77 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 RE.13 16073 Commissioners and Mayor Mr. Hannon: Yeah, as is -- Mr. Noriega: Okay. Mr. Hannon: -- as it appears on the agenda. Mr. Noriega: Right. Okay. Chair King: Yes. Commissioner Pardo: Deferring to both of you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), SPONSORING AND WAIVING THE CITY OF MIAMI POLICE DEPARTMENT AND SOLID WASTE DEPARTMENT COSTS REQUIRED PURSUANT TO CHAPTER 54/ARTICLE I OF THE CITY CODE, TITLED "STREETS AND SIDEWALKS/SPECIAL EVENTS," FOR THE GOOMBAY FESTIVAL PARADE AND EVENT TO BE HELD FROM MAY 31 TO JUNE 2, 2024, ALONG GRAND AVENUE FROM SOUTHWEST 37 AVENUE TO ELIZABETH STREET IN THE COCONUT GROVE NEIGHBORHOOD OF MIAMI, FLORIDA. ENACTMENT NUMBER: R-24-0211 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes NAYS: Carollo Chair King: RE.13. Vice Chair Carollo: Yes. Chair King: Vice Chair. Vice Chair Carollo: Thank you. Mr. Manager, what is the cost that's being asked for here? Arthur Noriega (City Manager): It's approximately somewhere in the low 70,000, between Police and Solid Waste. That -- that would be the cost (UNINTELLIGIBLE). Vice Chair Carollo: Can we get some clear cost because what I have is almost 75,000. Mr. Noriega: Yeah. Okay, so it's 49,000, a little over 49,000 for the Police Department staff, and 25 -- a little over 25,000 for Solid Waste. Vice Chair Carollo: Okay, so it's correct what I was under the impression, it was close to 75,000. Mr. Noriega: Yes, sir. City ofMiami Page 78 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Vice Chair Carollo: How is it being paid? By Police -- Mr. Noriega: It -- Vice Chair Carollo: -- I believe it was almost 50,000, and Solid Waste, it's slightly over 25,000. Mr. Noriega: It would have to come out of those budget. Vice Chair Carollo: Where? Mr. Noriega: Out of those individual departmental budgets. Vice Chair Carollo: So it would be the Police that would be paying for it, and Solid Waste would be paying for it. Mr. Noriega: Yes, sir. Vice Chair Carollo: The information that I have from our '21-'22 budget was that we had placed in the budget $40,000 for this event. Then we increased it on the '22- '23 budget to $55,000, by $15,000. Then we had a huge jump from the '23-'24 budget to $150,000. Now we're taking $50,000 from the Police budget and an additional $25,000 from the Solid Waste budget, to give an additional $75,000, which will now make it $225,000. While the City wants to be supportive, and I think we are by a huge increase of this parade, this is not a parade of the statute and level where you have tens of thousands of people that come watch it for this amount of money, especially, when we've been hitting the police and, for that matter, solid waste, in cutting their departments. So they have to be hit by 50,000 more and 25,000 more. I think the appropriate thing to do would be, Commissioner, if you want to be fiscally responsible, get it from your own budget. You have plenty of money there in your own budget that you can do it with. It's in your district. And you like to talk about the district, the district. Well, the City as a whole has put in $150,000. That's three tines as much as we put the year before, the fiscal year before. So, if you want $75,000 more, it should come from your budget. It shouldn't come from the police or from solid waste. Commissioner Pardo: Madam Chair, so this is the Goombay Festival. It's an event that pretty much had stalled and gone away. And we've been trying to revitalize it and we have a plan. This would be the highest year of our funding. Next year, it would go down significantly with really not much City investment in the way of any department giving money back. But they're at a pivotal moment in time and we've decided to support them in this manner. It's important to note that in District 2, this is our entire budget. We don't have a lot of special events. I think our whole total amounts to maybe 250,000, 300,000 of all of our special events. It's not like all these other districts, 175 for your food and wine, 100,000 for (UNINTELLIGIBLE). We don't have all of that. This is where we've decided to kind of place our biggest investment because it's about reviving Little Bahamas, it's about reviving Coconut Grove, and it's very important to our district. Vice Chair Carollo: Well, I'm sure it's important to the district, and that's why I voted to increase it by three times the amount to $150,000 for this fiscal year. But I cannot sit here and vote to take money, away from the Police Department and Solid Waste when you have sufficient money in your budget. You can move monies around any way you want to. The kinds of monies we all have in our budget that we can move around to, it's plenty. So, you should not take this from Police or Solid Waste when you could pay it from your own budget. And if you could show me any event City ofMiami Page 79 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 that's as small as this, that we have paid $225, 000, I'd like to see it, but that's not the case. Commissioner Pardo: Commissioner, obviously we handle -- Chairwoman, we handle our own budgets, and we have a lot of constraints. We have a lot of issues with parks. We have more parks than any other area. We know what we're doing -- Vice Chair Carollo: And we give you more money. Commissioner Pardo: -- we have a plan, and I would like to call this to a vote. Chair King: Do I have a motion for RE.12 -- I mean RE.13? Do I have a motion? Commissioner Reyes: Yes, and I want to say that I was one of the promoter of bringing Goombay back to -- Commissioner Pardo: Thank you. Commissioner Reyes: -- to Coconut Grove, and I -- I was instrumental in creating Little Bahamas, and I move it. Chair King: I have a motion. Do I have a second? Commissioner Pardo: Second, I'm sorry. Chair King: Do I have a second? Commissioner Gabela: Second. Chair King: I have a motion and a second. All in favor? Commissioner Reyes: Aye. Commissioner Pardo: Aye. Commissioner Gabela: Aye. Vice Chair Carollo: Nay for the reasons stated. Chair King: Aye. Todd B. Hannon (City Clerk): Motion passes 4-1 with Commissioner Carollo voting no. END OF RESOLUTIONS City of Miami Page 80 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 15910 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2/SECTION 2-208 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED" ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING, AND ZONING DEPARTMENT/ NEW PERMITS PROHIBITED, NON - HOMESTEAD PROPERTIES," TO PROVIDE THE ALLOWANCE FOR ISSUES OF CERTIFICATES OF USE FOR BUSINESSES UNLESS THERE IS AN ISSUED VIOLATION BY THE BUILDING DEPARTMENT; AND AMENDING SECTION 2-211 TITLED, "DENIAL OR REVOCATION OF CERTIFICATE OF USE," BY RESTRICTING CHAPTER 10 OF THE CITY CODE VIOLATIONS FROM CAUSING A DENIAL OR REVOCATION OF A CERTIFICATE OF USE IN LIMITED CIRCUMSTANCES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14283 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes NAYS: Carollo Note for the Record: For additional minutes referencing Item SR.1, please see "Public Comment for All Item(s)." Chair King: You can start reading the titles for Second Reading and First Reading and -- George Wysong (City Attorney): Very well. Second Reading items. SR.1. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: SR.2. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: First Reading Ordinance, FR.2. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: FR.4. An ordinance of the Miami City Commission amending Chapter 37, Section 2, of the Code of the City of Miami, Florida, as amended -- I think FR -- did -- FR.4 had been deferred? That's the graffiti one? Chair King: No. (COMMENTS MADE OFF THE RECORD) City of Miami Page 81 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Chair King: No. Todd B. Hannon (City Clerk): FR.4 is in play. Mr. Wysong: In play, I'm sorry. Alright. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: And that's the last of the F -- First Reading items, Madam Chair. [Later...) Chair King: Do I have a motion for SR.1 ? Commissioner Gabela: Motion. Chair King: I have a motion; do I have a second? Commissioner Pardo: Second. Chair King: All in favor? Commissioner Gabela: Aye. Commissioner Pardo: Aye. Vice Chair Carollo: Nay. Commissioner Reyes: Its SR.1 ? Chair King: Yes. Commissioner Reyes: Okay. Chair King: Did you vote, Commissioner Reyes? Commissioner Reyes: Yes. Chair King: Oh, okay. Motion carries 4-1. [Later...) Chair King: Commissioner Gabela? Commissioner Gabela: Alright, so -- so on SR (Second Reading) -- on SR.1, which we already passed, but it's been brought to my attention, because -- Chair King: The certificate of use? Commissioner Gabela: The certificate of use, and this pertains to what Carollo, the - - Carollo, the language you had of the -- pertaining to the what you call the habitual repeat offenders. Okay, so we passed it as is, we passed it already, but what -- the only question -- the only thing I wanted to communicate to you guys is that I've been told by -- by Building, and others, okay, that this is going to be hard to enforce, okay? And I was just wondering -- City of Miami Page 82 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Vice Chair Carollo: (INAUDIBLE). Commissioner Gabela: Okay. Vice Chair Carollo: (INAUDIBLE). Commissioner Gabela: I'd like -- in the future, I'd like to make it -- revisit it. I'm just saying, I just make it -- (COMMENTS MADE OFF THE RECORD) Vice Chair Carollo: (INAUDIBLE). Chair King: That's it. Commissioner Gabela: Okay. Chair King: This concludes the City of Miami Commission meeting for May 23, 2024. Thank you all. Meeting adjourned. SR.2 ORDINANCE Second Reading 15416 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IX/SECTION 2-779 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/CITY-OWNED PROPERTY/OUTDOOR ADVERTISING SIGNS AND ON -SITE SIGNAGE ON GOVERNMENT -OWNED PROPERTY," TO AMEND ORDINANCE 14140 TO BRING IT MORE INTO CONFORMITY WITH PRIOR ORDINANCE 13536 SO AS TO DISALLOW NEW LIGHT -EMITTING DIODE ("LED") SIGNAGE AND OTHER RECENT CHANGES BUT PROVIDE GUIDELINES FOR CURRENT LED SIGNAGE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14284 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 Note for the Record: For minutes referencing Item SR.2, please see "Public Comment for Allltem(s)" and Item SR.I. Chair King: SR.2. Commissioner Pardo: SR.2. Chair King: If I may say, for the record, that, you know, a lot of conversation has gone around the "King Amendment. " It's not the "King Amendment, " it is the "King Compromise," and it was a compromise that I came up with because in listening to everyone that came to speak, I heard what they were saying about the light, because City of Miami Page 83 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 as I understand it, we cannot take down, and nor do you intend to try to take down the PAMM (Perez Art Museum Miami) sign, correct? Commissioner Pardo: I'll explain. Chair King: Okay. So Jacquetta Colyer came and spoke today. She's a resident of D5 (District 5), and I believe she said it best, this is not a district specific issue. The cultural institutions, because I would absolutely side with you on district issues, and I just want to make that clear. But I do not believe that this is a D2 (District 2) specific issue like Jacquetta Colyer said. Commissioner Pardo: Yeah. Chair King: And she came from D5 to speak on the item, which is why I have put forth the compromise, which I thought was -- which I think is thoughtful, it addresses the lighting, it's not going to be as bright, it's not on 24 hours a day, et cetera, et cetera. So, I wanted to put that on the record for why it was that I tried to come up with a compromise. And I believe that compromise is better than just all or nothing, one or the other, because we have come so far in the process with these signs. They're permitted. I agreed with you on the moratorium, no more going forward. So I'll let you go ahead. Commissioner Pardo: First, I'd like to thank, obviously, everyone that came here and that spoke up, especially all the downtowners who are impacted by it. I agree with you that cultural institutions and, Chairwoman, I want to thank you, as well as my colleagues who have tried to come up with thoughtful ways to kind of make all of this work. For the area, I agree with you that when it comes to cultural institutions, they are regional. But when it comes to all the vertical communities who use the park day to day, it is their neighborhood park. And it's important for us to kind of keep that in mind. There are some recent developments that are noteworthy. First of all, the Arsht Center has requested that their permits be revoked, and we're in the process of revoking them. Second of all, we have a letter of default also requesting a copy of the license agreement between Orange Barrel Media and PAMM that's about to leave the city of Miami. So, as I said originally, this is really, really complicated. Our district has been dealing with this, January, in the weeds, kind of like down the rabbit hole, and that's why we're very current with kind of every single little thing that seems to be happening when we talk about this issue. So what I'd like to propose is if we can take what has been discussed about regulating the sign and add that to the amendment that 1 was proffering, which just cancels the Alex Diaz de la Portilla amendment. But we can regulate these signs, the ones that were originated under his amendment, using the criteria that you've talked about with lumens and operating hours and everything else. And that way it's kind of -- it's more workable. Why? Because in this instance, we have PAMM, with a lease with the City, of Miami, that doesn't have anything to do with revoking a permit. We can't revoke a permit because we will be subject to millions of dollars. And that's why there 's that separation. Chair King: Now, one other thing, because -- what are we voting on today? This is second reading for the compromise proposed. So I believe procedurally, if we were going back to, that would, I don't know, be another reading, because what's on the table for us is second reading for the compromise that was proposed. Commissioner Pardo: My understanding is that we can eliminate language and use the original amendment, but add in the part that regulates the sign, which really was the -- was kind of like the bulk concern from your amendment. City of Miami Page 84 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Chair King: So, Mr. City Attorney, because when we were adding in, he said that was a substantial change and made it first reading, which is why we're here second reading. George Wysong (City Attorney): Right. So I believe what Commissioner Pardo is suggesting is that at first reading, his -- his ordinance had the complete repeal of the, for lack of a better term, District -- or Diaz de la Portilla amendment. That was substituted with the amendment that the Chairwoman passed forward. So he's suggesting now that we amend what -- where we're at now, remove all the language relating to the amendment from the last meeting, and then -- except for the regulation language, so the effect of that would be that there would be no express signs permitted in any of the zones, but you would also have the regulation language that deals with lumens, hours of operations, and stuff like that. Chair King: Wouldn 't that be a substantial change? Mr. Wvsong: Well -- Chair King: Well. Mr. Wysong: The difference between the two is this is removing language which has already been advertised, so it's already there, the people have seen it, they understand it, versus adding new language. The problem was when we went from first reading to -- first reading was set up to say no more signs are permitted and then the amendment said no more signs are permitted except you may have two signs in two different areas. So, and the title had said abolishing the signs and then we were adding signs. So that was the concern was that the title said no more signs and then we were adding signs based on the amendment. Chair King: Were we adding signs? I thought we took away a sign. We added light. We didn 't give more. We took away. Mr. Wvsong: No. Chair King: Yes. Mr. Wvsong: Commissioner Pardo's item on that day was to get rid of all the signs. Not get rid of but not permit any signs. And then the amendment said all those signs are not permitted except there could be one at PAMM and there could be one at Arsht. So you actually added back the signs from PAMM and Arsht with that amendment. And what he's suggesting is to un-add those signs but keep the regulation that you proffered. Chair King: Okay. Well, Commissioner Gabela. Commissioner Gabela: Yeah. This is a, you know, complex, you know, issue indeed. (UNINTELLIGIBLE) explained it in 10 minutes on what's going on. But from my perspective, and I want to be clear on this because there's a lot of -- been a lot of talk. You know, let me just say for the record, I want to put -- the only person that tells me what to do is my wife, okay? It's fine, you know, because I got tired of the radio telling me this and that, and you know how this is, you know, but that's the only person that tells me what to do, my wife and, you know, and my kids, you know, but this is what I will say, I, you know -- what, this is kind of,; you know, confusing, but what I voted on, I voted on, I think, with you. I didn't necessarily vote against you. What I was concerned about, that I wanted -- since you said yourself that the signs are here to stay, and I agree with you, it's a monstrosity, you know, but we did City of Miami Page 85 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 not create that monstrosity. That was done before you and 1 got here. 1 think you gentlemen were involved; I don't know about you. Anyway -- Commissioner Reyes: No, no, I voted against it. Commissioner Gabela: -- okay, yeah, but -- no, no, I'm not saying -- Commissioner Reyes: I voted against. Commissioner Gabela: I'm not saying you voted for it. Commissioner Reyes: And I'm going to keep on voting against it -- Commissioner Gabela: No. I hear you. Commissioner Reyes: -- until I die. Commissioner Gabela: But -- but let me -- this is -- so this is where I'm getting at. What I was -- you know, I think our job, or my job at least, is to, you know, it's a balancing act, you know, that somebody put us in this position that we're in, you know. And I got here, we got here, you know, and then we find ourselves with this, which has become a hot, you know, a hot button, a hot potato, you know, because rightly so, people are concerned. But what I've been trying to do is trying to save the money for the taxpayer of future liability because after all, you know, and I'm going to say something here, I want to read this into the record because we've done a little bit of research, you know, and I'll tell you, I've never seen so much hypocrisy in my life from elected officials, and I'm not talking about us here, by the way, okay? The County, back when this was all started, told the Arsht that they needed to get a permit from the City of Miami. So that's what they did on instructions from the County eight months ago, where we weren't here. There's a letter attesting to this. Half of the people, if not a majority, that sit on that Arsht hoard were appointed by the County. Now all of a sudden, the County shows up and tells us that we gave this permit outside our jurisdiction. Outside our jurisdiction, okay? The gentleman sitting next to me, and I, got here well after this was all cooked up after the fact. Now we are attempting to fix the problem that was created by others. We were not here. You know, my predecessor; who is under indictment charges at this very moment, and others, created this mess that we're in. Let's be clear. What happened is, back then, nobody wants to talk about this, but back then there were a lot of people who were scared of Mr. Portilla. Back then, they were probably asking, how high do we need to make the sign, Mr. Portilla, how high do we go? Because nobody had the moral or the political courage to stop what was going on. Because not so long ago, they ruled, you know, the gentleman ruled this dais with an iron .fist. 1 have expressed to Mr. Llorente, that's right in front of me, who 1 respect and admire for being straightforward and truthful, one of the few that were on either side, okay, that I will be the first one today, Miguel Gabela, to revoke everything that has to do with these signs. My interest is to save the taxpayers money, okay? And further, I ask that -- I -- we spoke about this yesterday, and I came up with an idea. I said, I ask that a bond be placed by the sign company he represents, in other words, the counter to this sign company, and others to indemnify the taxpayer should a lawsuit arise against the City of Miami to the taxpayer. I have been told by the -- that the -- by them, by you gentlemen, and by a lot of people, don't worry, Mike, the City of Miami is not going to be sued. So then I came up, well, if it's not going to be sued, tell you what, put a -- put a bond, and then when that happens, everybody's saved, you guys get to go home, and we're all happy. But when you made some calls, I believe, you know, they didn't want to do that, okay. So they're saying on the one hand that there won't be no suit for the City, we won't be liable, and then on the other hand, they're not willing to put, you know, the money where the mouth is. Respectfully so, I say that. City of Miami Page 86 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 But t think I'm saying the truth, you know, and 1 just want to get to the bottom of this, you know. And so that's what 1 suggest. My own amendment of -- I'm not, by the way, if your amendment does that, fine, I'll vote for it. You know, I want to make, you know, you guys, I just want to be clear, okay. What I was proposing, my amendment, okay, that only included the PAMM, period, end of story. And the reason I was doing that is so we can have regulations to protect the residents, period, end of story. Okay, I am not doing that because this gentleman sitting here in front of me, okay, or this gentleman or anybody else. My -- my job, I think, our job is I have a fiduciary duty to the taxpayer. These walls right here, they don't pay the tax bill -- the bills here, our salaries. The taxpayer does. They're the ones that foot the bill at the end of the day, and I don't want to do that to them. So I'm trying to, we are all, 1 think, trying to resolve a situation that we've been put in and see how fast we can get out of here. And I understand it's not easy. Some people will not like it, some will. My amendment, and by the way, and something peculiar happened that I got to say it, okay. For one week, okay, for one week, I learned yesterday that the Arsht had withdrawn their application. For one week. And this was news to me, and I found it out by coincidence yesterday, ladies and gentlemen, that the Arsht, the executive president, I believe, Mr. Johann, and I can't remember his last name, had pulled -- had sent a letter to Ace Marrero, okay, last -- a week ago, a week ago, mind you. By the way, did any of you guys know this? Did you know it, Carollo? Did you know it? Did you know it, Manolo? Commissioner Reyes: No. Commissioner Gabela: About this letter? Commissioner Reyes: Nobody -- Vice Chair Carollo: What letter? Conmiissioner Gabela: The -- the letter that the gentleman from the Arsht had pulled the -- said, I don't want to he -- the Arsht does not want to he involved anymore in the permit -- in the permit for the sign. Did anybody know that? Vice Chair Carollo: I have not. Commissioner Gabela: You didn 't know it either. Commissioner Reyes: No, it wasn't -- Commissioner Gabela: Did you know it? You did know it. Commissioner Pardo: Yeah, I should. Commissioner Gabela: So my point is -- my point is this, and I got to, when I got to the briefing, and I was, you know, and all of you that were in the briefing, the directors, I apologize if I was rude, because I was hot and heavy when I came in because I thought this information was kept from me, you know, on purpose, and the others knew it. You know, but -- but, you know, we didn't find that out till -- till yesterday, okay? Till yesterday, and that was very odd to me. But at the end of the day, what I want to do, and I will do whatever you guys think is fair, and whatever especially you think is fair, because again, I am not here against you, I am not here, you know, and the other thing was, you know, oh, Gabela, you're aligned now with Carollo, okay? That was the thing. And listen, Commissioner Carollo, you're a commissioner, and you know what? When it's right to vote on something, because the project merits a vote, I'm going to vote with you, okay? Just want you to understand that we're here for the taxpayer, okay? City of Miami Page 87 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Vice Chair Carollo: Is there -- is there -- Commissioner Gabela: Now, this does not mean that after that we have to befriends. But I just want to put out there. Vice Chair Carollo: -- is there ice? Snow? Commissioner Gabela: When my friend -- when my friend is wrong, my friend is wrong. And when my enemy is right, my enemy is right, okay? So, I just want to put out there, and I said look, half of the time Carollo and I are battling, are battling, okay? This is no alliance. It just so happens that on some projects, I have to vote on the merits, and this is what I do, okay? And this is the same thing I'm doing here. And I want to show the residents from your district, okay, that no ill will was meant for my part or disrespect to you or anybody else when I did what I did, because I thought your amendment was going to regulate, and that's why I was doing it, the hours of operation, which I thought that what you were doing were not. Please explain to me exactly, and I will be voting. I just want regulation, and I don't want the City to be sued. That's all. That's what I'm trying to do. Commissioner Pardo: I would be -- Commissioner Reyes: Madam Chair? Commissioner Pardo: I would be happy -- Commissioner Reyes: Madam -- be -- before -- before this happen -- Chair King: Hold on. Commissioner Reyes: -- I want a point of -- I mean, information. If I misunderstood you, Mr. -- Commissioner Gabela, -- Commissioner Gabela: Yes, sir. Commissioner Reyes: -- I'm sorry, but I -- I think that I heard you say that nobody had the guts to stop when Diaz de la Portilla mentioned that -- Commissioner Gabela: I -- I -- Commissioner Reyes: Wait a -- wait a minute. Wait a minute. Commissioner Gabela: Yeah. Commissioner Reyes: You have -- you talked your piece; I want to talk mine. Commissioner Gabela: Yeah. Commissioner Reyes: I want to clarify that was, from the get -go -- Commissioner Gabela: With the exception of you. Commissioner Reyes: Ah, okay. I'm done. Commissioner Gabela: With the exception of you, sir. I apologize. No, you're right. Commissioner Reyes: Okay. City of Miami Page 88 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Commissioner Gabela: And what 1 meant to say, that mostly in the County, very hypocritical, okay, and I'll say this, very hypocritical on the County's part for allowing this and say, yeah, you know, go to the City and get the permit, which the Arsht did, and then eight months later, this whole shenanigan goes on, and then all of a sudden now the hot potato's thrown back at us, okay, because they didn't have the courage to deal with this. And I've got to say the truth, because I'm tired of hearing of the shenanigans, you know, being played politically. And then the residents think, oh, this guy, you know, that -- but they really don't know what's going on. 1 think we need to change that. But at the end of the day, I reiterate, sir, 1 want to protect your residents -- Commissioner Pardo: Thank you. Commissioner Gabela: -- and I thought that was the best way, and -- and we want -- we need to move forward. Commissioner Pardo: First of all, thank you. Thank you for so much thought and effort that you've given to this issue, just like Chairwoman, all of us, really. Thank you. I appreciate that. Vice Chair Carollo: Chairwoman? Commissioner Pardo: I want to make a couple of things clear while I'm speaking -- Vice Chair Carollo: He didn't go through you. Commissioner Pardo: I'd like to -- Vice Chair Carollo: You didn't go through the Chair. I want to keep your record good. You've got to go through the Chair. Commissioner Pardo: She -- I did. She actually told me. I have a great record. Vice Chair Carollo: Yeah, sure. Okay. Commissioner Pardo: And -- Vice Chair Carollo: Yeah. Commissioner Pardo: So, I'd like to explain the -- I have never been, and when I have said I'm not looking to bring down the signs through revocation, meaning revoking a permit, because if we revoke a permit, that's millions of dollars, as you say. Commissioner Gabela: Exactly. Commissioner Pardo: And like you, I don't want any liability or to pay any more damages or any kind of legal fees, so I get that. But there is a path to bring down the PAMM sign through our lease with the PAMM, in which they are in default and a letter should be coming from us shortly. And because we have also asked for the license agreement between Orange Barrel Media and PAMM, and we have not been provided that agreement, so that letter will be advising the default and requesting a copy of that agreement. I don't want to messy those waters because if there's a path for it, that sign to come down, it should come down. And that's what the residents are demanding and that's the reason that I've structured it this way. That's the reason I wanted a full repeal of the original ordinance. Now I understand the City of Miami Page 89 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 concern. Well, if it's there and it's operating, what do we do? And that's why I want to take the operational that you wrote, Chairwoman, in your amendment and include it in this. And, George, it can be added, those operational uses as noncompliant, legal noncompliant, correct? Mr. Wysong: Correct. Vice Chair Carollo: Chairwoman? Chair King: Mr. Vice Chair. Vice Chair Carollo: Commissioner Gabela, a friendly question. Please don't get mad. Commissioner Gabela: What's that? Vice Chair Carollo: It's a friendly question. Please don't get mad. Commissioner Gabela: What is that? Vice Chair Carollo: You're good. You can laugh. That's good. Why, when I spoke just a little bit before, you said I spoke too much, and when you spoke a lot now, you didn't speak too much? Commissioner Gabela: I'll tell you why. Because you have a track record of speaking a lot, and I have a track record -- Igo, I finish, and I'm done, that's all. But listen -- Vice Chair Carollo: Alright. Alright. Commissioner Gabela: Whatever. Vice Chair Carollo: Just -- I was wondering, so I could please you in the future. Commissioner Gabela: Nope, nope. Commissioner Pardo: Would we be able to move what I'm suggesting and vote on that? Chair King: So we have the compromise that I have. We have Commissioner Gabela's amendment as well. Vice Chair Carollo: Well. Chair King: Mr. City Clerk? Commissioner Reyes: Wait, wait, wait. Vice Chair Carollo: If may, Chair. Just one more thing that needs to be added -- Chair King: Let me hear from -- let me -- let me hear from wait, okay. Commissioner Carollo wants to have one more thing added, so -- Vice Chair Carollo: Yeah, just -- Chair King: -- let's add everything into -- Vice Chair Carollo: Yeah. City ofMiami Page 90 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Chair King: -- the pot -- Vice Chair Carollo: Look -- Chair King: -- before we get an opinion. Vice Chair Carollo: -- I just want to put everything on the table so that I'm not accused of hey, you didn't bring this up, you should have, it's your fault. We're talking about not being liable. And 1 think we all agree that in a democracy, if you give people the go to build something, they spend the money, they build it, you just can't take it from them after it's done. You know, there's a price to pay for that. So this commission voted to uphold a vote that the Bayfront Park Trust did on three monuments that are under 400 square feet each, two in Bayfront Park, one in Ferre. As I understand it, they've gotten permits. That the contract was that if we threw them out for whatever reasons before they recouped their money for whatever the cost was to build them, that we had to make them whole. So, if you would like to include these three monuments for the same reasons you said you're doing this other one and either one of your motions -- (COMMENTS MADE OFF THE RECORD) Vice Chair Carollo: -- I'm bringing it up. If you don't want to, that's fine too. We could all throw out with the dogs and cats and the gym equipment and everything make a big beautiful reef out of it. Commissioner Reyes: I want to make -- Madam Chair, I want to clarify, you see, what are we voting on because -- because I will not vote for those signs. I mean -- I mean, I am stick to my first vote, which was against them, and I will stick to my vote. If you -- what you're proposing, Commissioner Pardo, it is to find a way to do -- and you have the way, to get those signs off the properties ofPAMM, I will go along with you. But we -- if we don't have the way of getting those signs, I mean, tearing them down, I will not vote for it. And for -- I want to clarif v, because I see you guys sitting there just with those pictures which are very pretty and I will wear one of them because I support the arts, but I don't support this monstrosity of signs that I think that they shouldn't be there in the first place, and they are -- they will be hurting the residents because the amount of illumination that they have, it is, in my, opinion, it's even dangerous to people that are traveling from -- in the highway. And I stick to my guns, I will not vote for those signs to be kept. If what you're proposing, it is to get those signs off I will vote for you. If not, I will vote against it, and that's it. I will be the sole vote. I was the sole vote before, and I don't mind being the sole vote. I speak -- I vote with my conscience. Commissioner Pardo: So, Chairwoman, I did want to make one point as well. Our lease has a very strong indemnification clause, and George, maybe you could -- I'm sorry, City Attorney, maybe you could expand on that a little bit,, just to explain. Mr. Wysong: Right. And so, you had asked whether there was an indemnification clause in the agreement between the City and PAMM, and there is, and it basically calls on PAMM to defend and hold harmless the City from any and all claims related to any issues relating to the contract. So, there is a potential that in the event that litigation were to ensue regarding these signs, that PAMM would have to be the one fighting that lawsuit. Now, I just wanted to be clear. As I've always said, there is no call to tear down the sign, and if there were ever a request pursuant to the contract to look into whether or not we should cancel the contract or claim actual breach, that our recommendation would be to go to court, get a declaratory judgment action so that nobody incurs real damages or liabilities until a court has determined what City ofMiami Page 91 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 the rights and responsibilities are under these various leases. And we're somewhat hamstrung by determining what our rights and liabilities are because we haven't yet seen the license agreement between PAMM and Orange Barrel Media. Commissioner Reyes: Can you translate that in layman 's terms? Mr. Wysong: So the question is -- Commissioner Reyes: Yes, because -- because you have said a lot of words, and -- and my question has not been answered. Are we going to go after the signs, in tearing them down? Mr. Wysong: So this -- Commissioner Reyes: I mean, if that's -- Mr. Wvsong: -- whether you pass this ordinance in any version does not call for the sign to be taken down. The sign will remain regardless of what version of this ordinance you pass. Commissioner Gabela: And can we regulate it? Mr. Wysong: Under King's amendment, and your amendment, and now Commissioner Pardo's amendment, there is regulation under those three amendments to the ordinance. Commissioner Reyes: To what -- to what -- to do what? Chair King: Well, my amendment addresses the -- Commissioner Reyes: Regulate it. Chair King: -- the time that the sign, you know, it turns it off at a certain time. Commissioner Reyes: Okay. Chair King: It addresses the brightness of the sign. Commissioner Reyes: Okay. Chair King: Content of the sign. Commissioner Reyes: And that -- that is what we are going to vote in maintaining the -- King's Amendment, because I think people are -- Chair King: It's the compromise. Commissioner Reyes: Your compromise, I mean, and listen, I really congratulate you for always trying to find a compromise. And that's very commendable of you. But my position is steadfast, you see, I don't want those signs there. Commissioner Gabela: So, that's good with you? Commissioner Reyes: Okay. Commissioner Pardo: So, I mean, what I've said from the beginning, I think what's good with me is to completely get rid of the original amendment that Alex Diaz de la City ofMiami Page 92 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Portilla had introduced, and to go ahead and offer these operational requirements, the lumens, the hours of operation, while the sign is operating. It does not impact what's happening on this side with the lease. I would expect that we would get a declaratory judgment and that is the only path that exists to bring down the PAMM sign. But the only way to have that is if we're not doing carve -outs for it. That's why I think what I'm proposing is the cleanest version possible, very, very little, you know, liability which, a very big concern. It addresses the operational hours that both of you were concerned about. Commissioner Reyes, no signs. Commissioner Reyes: No signs. That's the only way that we can, I mean, Mr. City Attorney, is this a path to getting rid of those signs? Vice Chair Carollo: I'm going through you. Mr. Wvsong: So, if you ultimately wanted to get rid of the sign -- Commissioner Reyes: Yes. Mr. Wysong: -- your best path is with District 2's amendment, because the main difference between District 2's amendment and District 1 and District 5's amendment is theirs permits the sign, in the Code, to exist. One PAMM sign, one two -face sign in PAMM Whereas Commissioner Pardo is asking you to remove that. Now the net affect will be the same. If' -- if' it's -- if Commissioner Pardo's amendment passes, they become a legal non -conforming use, which means -- Commissioner Reyes: Okay. Mr. Wysong: -- they're there, they're allowed to exist, they're just legal non- conforming. If Commissioner Gabela's and Chairwoman King's amendments go forward, it makes it a little bit harder to argue later that the sign has to come down because you are essentially permitting those two signs to exist. Commissioner Reyes: Okay. Mr. Wvsong: So that's your choice. Commissioner Gabela: In my amendment I have the James L. Knight Center, Miami Children's Museum, Perez Art Museum, and the PAMM. That's it, the four. That's what 1 have in my amendment. Mr. Wvsong: Right. Right. Really, the one at play is PAMM That's really the question -- Commissioner Gabela: Right. That's the main one. Commissioner Reyes: Okay. Vice Chair Carollo: Chairwoman. Chair King: Vice Chair. Vice Chair Carollo: Okay. Mr. City Attorney. Mr. Wysong: Yes, sir. Vice Chair Carollo: May I call you George, like Damian? City of Miami Page 93 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Mr. Wysong: Yes, sir. Vice Chair Carollo: Thank you. Now, why can't we just go straight into court and the questions that we have on their contract, if it's in violation or not by whatever agreement they entered to with Orange Barrel, and any other questions that we have, get a declaratory judgment from a court. It's basically, the same thing that the insurance carrier is trying to do to see if they can wipe their hands of having to pay what they need to pay to the City. Why can 't we do that? Mr. Wysong: You're right, sir, and I do recommend that. Now, let me just tell you the one big caveat is if you do nothing on this item today, other people, aside from the moratorium, can come forward and try and seek permits. So the action on this ordinance is really to close the door because the moratorium we have is only 270 days in order for us to come up with legislation. So, if you don't take action within those 270 days, then other people, PAMM could ask for additional signs. Vice Chair Carollo: I understand, but in whichever form that we use, and it could be the one that we have before us today, we could include in that motion instructing you to go for a declaratory judgment based upon the different questions that we might want a court to decide. Mr. Wysong: Yes. Vice Chair Carollo: This way, whatever final decision is made by the City, we don't have the liability, to face. Mr. Wysong: Or at least we'll know what the potential liability will be. Vice Chair Carollo: Well, exactly. Mr. Wysong: Right. Vice Chair Carollo: I don't think we will be taking any action if the court rules adversely against the City on what we might want to see or not see. So I make a motion that we approve the Chairwoman's item with the caveat that I just presented, that we go for a declaratory judgment before the courts on the issues at hand, and that we just make a further amendment so that we're even across the board, that we include the other three monuments, boards, under 400 square feet that have been permitted, and 1 think one or two have been built already, two in Bayfront Park, in the outskirts, and one beginning on the side of Ferre Park. Commissioner Pardo: I don't think we should do carve -outs. I think we should make it clean and simple. Vice Chair Carollo: It's not carve -outs. It's including everything. Commissioner Pardo: It's carve -outs. Vice Chair Carollo: No, we've included everything. Commissioner Pardo: A bunch of carve outs. Vice Chair Carollo: Well. Chair King: I would like to move forward with the amendment, the compromise that I have. City ofMiami Page 94 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Vice Chair Carollo: That's what I'm talking about. Chair King: I don't have an issue with Commissioner Gabela 's -- Commissioner Gabela: What? What? No, I'm listening. Chair King: -- adding your amendment. Commissioner Gabela: Okay, so my amendment, the only thing -- I'll say it again, my amendment does the James L. Knight Center, Miami Children's, Perez Art Museum, and the PAMM. That's it. Nothing else. And I won't be voting for anything else either. I said that last time. I can't remember what your amendment was. Chair King: My compromise is the times of operation, the brightness of the sign. Commissioner Gabela: No, I have that here too. Chair King: Okay, so. Commissioner Gabela: No, but I -- Mr. Wysong: So, Madam Chair, can I just mention that. Commissioner Gabela: -- it could be your amendment. I mean, as long as -- Chair King: No, no, it could be your compromise. It could be your amendment. Mr. Wysong: Commissioner -- yeah, Commissioner Gabela took your compromise and cleaned it up a little bit because -- Commissioner Gabela: I stole it. Mr. Wysong: -- in the language that you were handed, there was, number one, mention about the RTZ (Rapid Transit Zone). And I don 't think we should put anything in our City Code that acknowledges the County's rights under the RTZ. Chair King: Okay, so as long as his amendment includes my compromise, I support that. So, ifl could have a motion. Commissioner Gabela: Well, do you support that, Damian? Commissioner Pardo: No. Commissioner Gabela: Okay. Commissioner Pardo: No, because I don't think we need to go into specific sites. I think we just need to repeal the old legislation, create the operational requirements so that you can regulate the lumens, the operating hours for any signs that exist. And then if so, we can come back at another time to deal with specific sites. Chair King: Well, my compromise addresses that, and you still have the path forward to take the -- well, it's not my compromise anymore. It's Commissioner Gabela's compromise. He cleaned it up a bit, but still allows you to move forward trying to get a declaratory judgment. But we don't trouble that. So, I support -- I support Commissioner Gabela's amendment, and I'm ready to vote on that. (COMMENTS MADE OFF THE RECORD) City ofMiami Page 95 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Commissioner Gabela: Okay, here's the thing people. (COMMENTS MADE OFF THE RECORD) Chair King: Ma'am, you've had an opportunity to speak, thank you. (COMMENTS MADE OFF THE RECORD) Chair King: Don't, ma'am. Commissioner Gabela: So -- so -- alright, so I want to make it clear, okay. 1 want you to feel assured in what we're doing. And my question to you is again, I only have three and the PAMM, and that's not acceptable to you, is my question, with the regulations. I'm just asking. Commissioner Pardo: Because we're carving it out for them and referencing them specifically, and I think that might hurt us. Commissioner Gabela: I don't have what -- what they have over there. I only have the -- I have the James L. Knight. Look, right there. This is what I have. Commissioner Pardo: No, I know. It's similar to the -- to Chairwoman King's, and that's the problem, that I didn't want any specifics listed. I just wanted to be able to repeal the original amendment that Alex Diaz de la Portilla did, and then offer this regulatory part that you cared about and the Chairwoman cared about for non- compliant use signs, which that's what any sign would be if it wasn't covered under this current ordinance that we're -- that we're putting forward that repeals all of those signs. Commissioner Gabela: Okay, just -- just one thing. So -- so I'll vote with you, but I don't want the RTZ included. Commissioner Pardo: No, it's not in there. Commissioner Gabela: And my -- Commissioner Pardo: Nothing is in there. Commissioner Gabela: -- and my reason is because, remember, we're going to negotiate with those guys and we don't want to create a precedence or anything that's going to put us in a corner to then them say, oh you see, you accepted our deal. Commissioner Pardo: No, I agree with you. Commissioner Gabela: Okay. Commissioner Pardo: That's -- that's why I keep saying that this is the cleanest version. Commissioner Gabela: So as long as -- so let me make myself clear, as long as we're going to limit our liability, the taxpayers' liability, okay? And look, to me I don't care whether the sign comes up or down, really. To me it's about how we got into trouble, we're trying to get out and we're trying to take care of the residents. That's what it is for me, you know? And, George, with this, we're assured, right, that the liability is going to be close to, you know, to zero on the taxpayer. City ofMiami Page 96 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Mr. Wysong: As far -- Commissioner Gabela: I'm asking. I mean, I know you have -- you don't have a crystal ball. Mr. Wysong: Right. Commissioner Gabela: I don't want to put you in a difficult position, you know, but that's all I want. 1 just want to limit it. Because I asked you -- remember that I asked you, I think it was yesterday, George, if -- if we were sued, how much could this cost. (UNINTELLIGIBLE) and you don't have the crystal ball, and you said it would be 20to25-- Mr. Wvsong: Right. Commissioner Gabela: -- and the time spent going to court and attorney's fees. Mr. Wvsong: And -- Commissioner Gabela: And so I don't want to -- I don't want -- that's what I'm trying to, you know -- I mean, if • the sign could be taken down tomorrow without liability, I'd be for that right now. My only problem is the liability question of the taxpayer. Mr. Wysong: Right. I can't, as you say, I can't answer that question, but there is -- there is virtually no liability if you approve either of these versions of the ordinance. If however, you tell us tear that sign down, then that may incur liability, and that's the number we were talking about. So -- Mr. Wysong: So to repeat, there is no liability either way. Mr. Wysong: With adopting this ordinance, because that just reverts to a legal non- conforming use, essentially. Commissioner Pardo: Exactly. Commissioner Gabela: All right. So 1 motion what he's doing. Mr. Wysong: So -- so it's your amend -- Chair King: So. Mr. Wysong: Let me get that cleared. Chair King: Right. Commissioner, go ahead. Commissioner Gabela: I motion what he's -- I motion what he's supporting. Mr. Wysong: The easiest way -- well, one of the ways to do it is the amendment that you just passed out, which would I guess have to be approved as an amendment, would be accepted with a change that PAMM would be stricken from the list. So, that would leave only James L. Knight Center and Miami Children's Museum on the list of signs. There would be no digital freestanding signs permitted, right? Commissioner Pardo: Correct. City ofMiami Page 97 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Commissioner Gabela: Okay, motion. Chair King: Yeah, I -- no, I don't think that if you leave those other two signs in, 1 don 't think it's right to extract the PAMM sign out, particularly because there's still a path forward. I like your amendment that includes everything, but I don 't think that we should leave some signs and not have -- you know, take the PAMM out, but then we have James L. Knight and the Children's Museum. I don 't think that's right. Mr. Wysong: Well, what's confusing -- everything's confusing about this ordinance, to be honest, Madam Chair. Commissioner Gabela: This is the amendment on the amendment on the amendment of the amendment. Mr. Wysong: But when you're looking at the ordinance, 2-779, there was originally signs that were permitted. The James L. Knight, Miami Children's Museum, those are different from these digital freestanding signs. So, the Diaz de la Portilla amendment added digital freestanding signs, and there were four of them. Bayfront Park, PAMM, Adrienne Arsht Center, Maurice Ferre. Commissioner Gabela: But we're getting rid of those now. It's only the PAMM. Commissioner Pardo: Right. Mr. Wysong: But now -- Commissioner Gabela: And the one I have. Mr. Wysong: -- right, that's what Commissioner Pardo is saying is get rid of those signs but leave those other signs, like you don't have to change those other signs because they're not these signs. Commissioner Pardo: Right. That's exactly it. Mr. Wysong: If that makes sense. The James L. Knight Center sign is not a digital freestanding sign. That's the argument. Commissioner Gabela: So where are we at? Commissioner Pardo: Can we vote on this? Mr. Wysong: So long as there's clarity so that the -- so what you're voting on is the amendment to the -- the King Amendment, sponsored by now Commissioner Gabela, but with the Pardo addition of eliminating the PAMM sign from Section A of the 2- 779. So, it would say, "Of these locations set forth above, the following locations are deemed digital freestanding sign sites," and it would strike them all, Bayfront, PAMM, Adrienne Arsht Center, and Maurice Ferre Park. Vice Chair Carollo: Are we including going for a declaratory? Mr. Wysong: I think that -- that you can do that at any time if you want. You can do it now or you can do it later. If you decide that you want to take -- Vice Chair Carollo: It should be part of it. Mr. Wysong: -- the next step of determining whether or not that sign, the legal non- conforming sign then it should be -- City ofMiami Page 98 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Vice Chair Carollo: It should be part of the motion, so you have assurance that we're not going to be putting ourselves in a situation, in harm's way, legally. Mr. Wysong: Okay, that's fine. Commissioner Pardo: I'm okay with that. Chair King: So -- wait, wait a second. So, the City Clerk asked me to put for the record that Commissioner Carollo's motion died for lack of second at 6:13 p.m. Okay, now we have a motion on the floor for Commissioner Gabela's amendment. We don't have a motion to include Commissioner Pardo's. Commissioner Gabela: Okay, motion to include Commissioner Pardo's. Commissioner Pardo: Second. Todd B. Hannon (City Clerk): They can be all part of the same motion. Just want to make sure you're capturing all of the amendments that were stated by the City Attorney, as well as what I think what Commissioner Carollo was requesting. So I just want to make this motion, this amended motion is capturing everything that is being requested. Correct, Mr. City Attorney? Mr. Wysong: Thank you, Mr. Clerk, yes. Commissioner Gabela: So motion. Chair King: To -- read everything that it's capturing. Mr. Wysong: Okay, so this will be an amendment to 2-779 that will -- it's amending the current version that's in -- in the file. Further eliminating from that file Adrienne Arsht Center and PAMM. It adds the regulations relating to the signs that will now be legal non -conforming signs. And it instructs the City Attorney to seek a declaratory judgment regarding the contract between PAMM and the City and rights relating to the signs. Commissioner Gabela: All right, so motion. Commissioner Pardo: Second. Chair King: All in favor? Commissioner Gabela: Aye. Commissioner Pardo: Aye. Vice Chair Carollo: Aye. Commissioner Reyes: No. Chair King: Vice Chair, how did you vote? Vice Chair, how did you vote? Vice Chair Carollo: I voted. I said aye. Commissioner Reyes: And I -- and I stick to my guns. I don't want that, you see? It passed, but I'm still against it. City ofMiami Page 99 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Vice Chair Carollo: Now -- Commissioner Gabela: So, 4-1. Vice Chair Carollo: -- George -- Commissioner Reyes: And another thing that I -- what is -- one question that -- that Commissioner Carollo wanted to include -- Vice Chair Carollo: It was included. Commissioner Reyes: It is included, the -- the monumental signs? Commissioner Pardo: No, those are not included. Vice Chair Carollo: Those weren't included? Commissioner Reyes: Those are not included? Commissioner Pardo: No. Commissioner Reyes: And I'm -- I'm also against those, too. Commissioner Pardo: Right, they're not included in this though. Commissioner Gabela: Gentlemen, we took a vote, it was 4-1. Commissioner Reyes: It passed. It passed. Commissioner Pardo: Okay. Commissioner Reyes: It passed. Vice Chair Carollo: I did what I was supposed to do. I informed you of the liability that you have in those monumental signs -- Commissioner Reyes: Yes. Vice Chair Carollo: -- it's in your hands. But George, Mr. City Attorney, you did understand what was passed, that we want you to go immediately for a declaratory judgement from a court into the contract, as is stated here, and anything other that you think that we need a court to rule on so that before we move too farther out, we know if we 're in firm ground or in quicksand. Mr. Wysong: Absolutely, sir. Commissioner Reyes: Okay, in -- and -- I mean, I want everybody to think -- I mean, to know that we are in agreement that those signs have to be taken out, and I -- I -- my only concern is that we won't be able to get them out -- I mean, to tear them down, and I do understand that if we tear them down now, there is a possibility, a big possibility, of us being liable, you see, and -- and -- I mean, we would have to pay a lot of money for it. I don't want that either, you see. So, I am glad that it did passed, but my vote is a protest, okay? Vice Chair Carollo: What did you say? Commissioner Reyes: It's a protest. City of Miami Page 100 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Vice Chair Carollo: Okay. Commissioner Reyes: What, what are you -- listen -- Vice Chair Carollo: No, no, I'm sorry. Commissioner Reyes: -- if you don't understand my, my -- Vice Chair Carollo: No, no, no, no, no. Commissioner Reyes: -- my -- wait, wait, wait, wait. Vice Chair Carollo: It's not that. Commissioner Reves: If you don't understand my accent, you see -- Vice Chair Carollo: It's got nothing to do with the accent. It's how you said it. Commissioner Reyes: Okay. Vice Chair Carollo: Not the accent. Commissioner Reves: (FOREIGN LANGUAGE). Commissioner Gabela: Okay, so we have 4-1 vote, right? Commissioner Reyes: That's right. Mr. Hannon: Chair -- Commissioner Gabela: Are we done? Mr. Hannon: -- Ijust want to clarify for the record, the amended motion passed, 4-1, with Commissioner Reves voting no. Commissioner Reves, that's correct? Commissioner Reyes: Yes. Mr. Hannon: Understood. END OF SECOND READING ORDINANCES City ofMiami Page 101 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 15956 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Wynwood CHAPTER 62/ARTICLE XIV/SECTION 62-645 OF THE CODE OF Business THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED Improvement "PLANNING AND ZONING/PUBLIC BENEFITS TRUST District Board FUND/ESTABLISHED," TO PROVIDE FOR THE TRANSFER OF NRD-1 PUBLIC BENEFITS TRUST FUNDS COLLECTED BY THE CITY OF MIAMI ("CITY") FINANCE DEPARTMENT ("FINANCE") TO A QUALIFIED PUBLIC DEPOSITORY HELD BY THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID"), ALLOWING FOR THE INVESTMENT OF NRD-1 PUBLIC BENEFITS TRUST FUNDS COLLECTED PURSUANT TO THE CITY'S INVESTMENT POLICY AND SECTION 218.415, FLORIDA STATUTES, PROVIDING FOR THREE (3) YEAR TERMS FOR NRD-1 PUBLIC BENEFITS TRUST FUND COMMITTEE MEMBERS, AND CLARIFYING THAT THIRTY- FIVE PERCENT (35%) OF TOTAL NRD-1 PUBLIC BENEFITS TRUST FUNDS COLLECTED SHALL BE ALLOCATED TOWARDS AFFORDABLE/WORKFORCE HOUSING; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item FR.1 was deferred to the June 13, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item FR.1, please see "Order of the Day." City ofMiami Page 102 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 FR.2 ORDINANCE First 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. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item FR.2, please see Item SR.1. Chair King: Thank you. Do I have a motion for FR.2? Commissioner Gabela: Motion. Commissioner Reyes: FR.2? Chair King: FR.2. Vice Chair Carollo: Yes. Chair King: I have a motion and a second. Vice Chair Carollo: That was -- that was explained to us, that we have a huge backlog, and until that's resolved, let's see how it goes. Commissioner Reyes: Okay. Chair King: So, I have a motion and a second. Commissioner Reyes: Motion and second. Chair King: All in favor? The Commission (Collectively): Aye. City ofMiami Page 103 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 FR.3 ORDINANCE First Reading 15645 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING/IN GENERAL," SPECIFICALLY BY ADDING SECTION 62- 2.3 OF THE CITY CODE, TITLED "ZONING IN PROGRESS; APPLICABILITY; TEMPORARY HOLDS ON PERMITS AND LICENSES" TO ADOPT A ZONING IN PROGRESS PROVISION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item FR.3 was continued to the June 27, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item FR.3, please see "Order of the Day." FR.4 ORDINANCE First Reading 15680 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37/SECTION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "OFFENSES — MISCELLANEOUS/MALICIOUS DEFACEMENT, MARKING, ETC., OF REAL PROPERTY," TO PROVIDE FOR AUTHORITY OF CODE COMPLIANCE DEPARTMENT TO MANAGE THE GRAFFITI MITIGATION PROGRAM AND ADD OTHER REQUIREMENTS FOR PARTICIPATION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item FR.4, please see Item SR.1. Chair King: Oh, I missed FR.4. Do I have a motion for FR.4? Commissioner Gabela: Motion. Chair King: Do 1 have a second? Commissioner Pardo: Second. Chair King: All in favor? Commissioner Gabela: Aye. City ofMiami Page 104 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Commissioner Pardo: Aye. Vice Chair Carollo: Hold on, hold on, hold on. Commissioner Reyes: Madam -- Madam Chair, hold on a second on FR.4. Chair King: Okay. Commissioner Reyes: Okay. I would like to offer -- offer a friendly amendment -- Chair King: Okay. Commissioner Reyes: -- because I have a lot of people, the people in downtown Miami that they've been fined one after the other, one after the other. And even though they -- if they even report it to the police, they still get fined. I would like to, if you allow me, make a friendly amendment that after the third fine, if it is -- if they continue being victimized, if they report it, that the fine will not take place. You see, as soon as they clean it. Chair King: Well, they're not supposed to be fined at all if it's a present owner. Commissioner Reyes: If it's a present owner, well -- Chair King: Yeah, if -- they're not supposed to be fined at all. Commissioner Reyes: I want a clarification on that, because what I -- what I want to do is try to help those businesses. Chair King: That's the intent, to -- Commissioner Reyes: Yes, 1 know there is intent -- Chair King: -- to support the businesses. Commissioner Reyes: -- but I want to make sure. Chair King: Okay. Commissioner Reyes: Yes. Trelana Haines: Good evening, Trelana Haines, Assistant Director, Code Compliance. Commissioner, at this present moment, the department of Code Compliance is not citing property owners for just graffiti violations in preparation .for FR.4. Commissioner Reyes: Okay. Understood,,fine. Chair King.: So I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. You guys? FR.4. Todd B. Hannon (City Clerk): And just for clarification, FR.4, was adopted as is. Chair King: As is. City ofMiami Page 105 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Vice Chair Carollo: Yes. Commissioner Reyes: As is. Chair King: Yes. Commissioner Reyes: As is. (COMMENTS MADE OFF THE RECORD) Chair King: Yes, yes. Unanimous? Commissioner Pardo: Unanimous. Chair King: Unanimous, Todd. END OF FIRST READING ORDINANCES City ofMiami Page 106 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 AC.1 16053 Office of the City Attorney AC - ATTORNEY -CLIENT SESSION ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE MAY 23, 2024, MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTERS OF THE MAD ROOM LLC D/B/A BALL AND CHAIN, ALTOS MEXICANO, LLC D/B/A TAQUERIAS EL MEXICANO, LITTLE HAVANA ARTS BUILDING, LLC, AND LA GRAN FIESTA, LLC V. CITY OF MIAMI, CASE NO. 21-CV-23485-RKA, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA; TOWER HOTEL, LLC, A FLORIDA LIMITED LIABILITY COMPANY PIEDRA VILLAS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, BEATSTIK, LLC, A FLORIDA LIMITED LIABILITY COMPANY EL SHOPPING, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND YO AMO CALLE SIETE, LLC, A FLORIDA LIMITED LIABILITY COMPANY V. CITY OF MIAMI, CASE NO. 2022-008069-CA-44, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA, AND TOWER HOTEL, LLC, A FLORIDA LIMITED LIABILITY COMPANY PIEDRA VILLAS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, BEATSTIK, LLC, A FLORIDA LIMITED LIABILITY COMPANY EL SHOPPING, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND YO AMO CALLE SIETE, LLC, A FLORIDA LIMITED LIABILITY COMPANY V. CITY OF MIAMI, CASE NO. 3D23-285, PENDING IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA, THIRD DISTRICT, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE THE CHAIRWOMAN CHRISTINE KING, VICE-CHAIRMAN JOE CAROLLO, COMMISSIONERS MIGUEL ANGEL GABELA, MANOLO REYES, AND DAMIAN PARDO; THE CITY MANAGER, ARTHUR NORIEGA, V; THE CITY ATTORNEY, GEORGE K. WYSONG III; CHIEF DEPUTY CITY ATTORNEY JOHN A. GRECO; DEPUTY CITY ATTORNEY KEVIN R. JONES, ASSISTANT CITY ATTORNEYS ERIC EVES, AND MARGUERITE SNYDER, AND CITY OF MIAMI'S OUTSIDE COUNSEL RAQUEL A. RODRIGUEZ ESQ., MICHAEL E. DUTKO ESQ., AND ANGEL A. CORTIIVAS, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR CITY COMMISSION MEETING WILL BE REOPENED AND THE PERSON PRESIDING OVER THE CITY COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. RESULT: DISCUSSED City ofMiami Page 107 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Chair King: Good afternoon. Welcome back to the City of Miami Commission meeting for May 23, 2024. 1 needed to make an announcement about the shade meeting. Mr. City Attorney, please. George Wysong (City Attorney): Thank you, Madam Chair. On May 9th, 2024, under the provisions of Section 286.011(8), Florida Statutes, I've requested that this City Commission meet in private to discuss pending litigation in the cases of number one, The Mad Room LLC (Limited Liability Company) d/b/a (Doing Business As) Ball and Chain, Altos Mexicano, LLC d/b/a Taquerias el Mexicano, Little Havana Arts Building, LLC, and La Gran Fiesta, LLC v. City of Miami, Case Number 21- CV 23485-RKA, pending in the United States District Court for the Southern District of Florida; second case is Tower Hotel, LLC, a Florida limited liability company, Piedra Villas, LLC, a Florida limited liability company, Beatstik, LLC, a Florida limited liability company, El Shopping, LLC, a Florida limited liability company, and Yo Amo Calle Siete, LLC, a Florida limited liability company v. City of Miami, Case Number 2022-008069-CA-44, pending in the circuit court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Florida; and the third case is Tower Hotel, LLC, a Florida limited liability company, Piedra Villas, LLC, a Florida limited liability company, Beatstik, LLC; a Florida limited liability company, El Shopping, LLC, a Florida limited liability company, and Yo Amo Calle Siete, LLC, a Florida limited liability company v. City of Miami, Case Number 3d23-285, pending in the District Court of Appeal in the state of Florida, Third District, to which the City is presently a party. The City Commission approved my request and will now, at approximately 3:20, commence a private attorney -client session under the parameters of Section 286.011(8), Florida Statute. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. This private meeting will conclude approximately one hour later. The session will be attended by the members of the City Commission, which include the Chairwoman, Christine King, Vice Chairman Joe Carollo, Commissioners Miguel Angel Gabela, Damian Pardo, and Manolo Reyes; the City Manager, Arthur Noriega, V; myself the City Attorney, George Wysong; Chief Kevin -- Chief Deputy City Attorney John A. Greco; Deputy City Attorney Kevin Jones, Assistant City Attorneys Eric Eves and Marguerite Snyder, and City of Miami's outside counsel, Raquel A. Rodriguez, Esquire, Michael E. Dutko, Esquire, and Angel Cortinas, Esquire. A certified court reporter will be present to ensure that the session is fully transcribed and the transcript will be made public upon the conclusion of the above - cited, ongoing litigation. At the conclusion of the attorney -client session, the regular Commission meeting will be reopened and the person chairing the Commission Meeting will announce the termination of the attorney -client session. Thank you, Madam Chair. Chair King: Thank you, Mr. City Attorney. [Later...] George Wysong (City Attorney): We're now back to the regular meeting. Chair King: Thank you, Mr. City Attorney. I'll give my colleagues a few more minutes for everyone to get here before we resume the meeting. END OF ATTORNEY -CLIENT SESSION City ofMiami Page 108 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 16013 TIME CERTAIN OF 3:00 PM Office of the City A DISCUSSION BY CHRISTINA WHITE, MIAMI-DADE Clerk SUPERVISOR OF ELECTIONS, REGARDING A REQUEST BY THE ELECTIONS DEPARTMENT TO CONSIDER RESCHEDULING THE CITY OF MIAMI'S ELECTION DATES TO PROVIDE FOR FOUR WEEKS BETWEEN THE REGULARLY SCHEDULED GENERAL AND RUN-OFF ELECTIONS. RESULT: DISCUSSED Chair King: Now, we did have a personal appearance, time certain for the Supervisor of Elections. Would my colleagues mind if she makes her presentation before we go upstairs? (COMMENTS MADE OFF THE RECORD) Chair King: Okay. You guys? Commissioner Gabela: No, no, yes. Chair King: Okay. Good afternoon. Welcome to the City ofMiami Commission. Christina White: Good afternoon. Thank you. 1 appreciate this very, very much, and I will try to be very brief. First, I want to thank you for inviting me here today. I'm very encouraged that this is a topic that you guys are willing to consider. I know that Todd has circulated the letter that I wrote to him, to all of you, and that you guys have had an opportunity to look over it. The Elections Department is requesting, what I am calling a modest amount of additional time between your general and run- off election. And I just want to say right off the top, it's not just the City of Miami, this is every city that has a run-off election that is two or three weeks from their general election. Why yours is a little bit more complicated is because it is coupled with Miami Beach and Hialeah, of course, large cities. So for us to be able to turn around your general and your run-off within two weeks for these large cities is really burdensome for all parties. And when I say all parties, it's the department, its voters, first and foremost, and I think candidates as well, because we've heard that it's difficult to do this. And so the request in the letter was Pr four weeks. And I think you probably know there are many steps that are involved in preparing for an election. Each one of them are in sequence, and they have to do -- they have to be done with 100 percent accuracy, right? There is zero opportunity or tolerance for error in what we do. And so the two -week time that is currently designated really was set up at a time where voting was primarily on election day. Now modern day voting takes into account a significant amount of people voting by mail and also early voting. And so for us, it's .from certification of your first election until the first vote by snail ballots that go out. And that window is very, very small as it is. And also, many laws have changed. Little by little, election laws have changed, making it more complicated for us. One example is that you may notice already voters have until Thursday at 5:00 p.m. to cure their vote -by -mail ballot, also to provide information to us to accept their provisional ballots. And so it's not really until Friday after the election that the canvassing board is certifYing. And if we have a City ofMiami Page 109 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 recount, which knock on everything, that doesn't happen, but in Florida races, that is more and more common, that just begins to set us back even more and more. So we can't even begin to prepare for a run-off election until sometime Saturday. And so what is involved? What has changed? We have to code, proof and test three different voting systems. Only then can we send our ballot for printing. Only then can we begin processing and mailing those ballots out to your voters. Separately, we have to reset, reprogram, and retest all of the equipment, set up and conduct early voting, deliver all of ;your equipment. You know, the list goes on and on. It's a lot to take on in two weeks. And so these are some of the logistical burdens that I'm hoping to alleviate on the department side. On the voter side, 1 worry about the vote by mail voters in particular, because there's a -- the short period that exists really isn't affording them enough time to return their ballot. In the letter, I state that in your 2023 run-off election, which was only Districts 1 and 2, we had eight days of total delivery time to mail the ballot to the voter and get it back to us between when, you know, we were ready and election day at 7:00 p.m., which is the statutory requirement for return. And what has also happened, in addition to the changing election laws, is that the Postal Service has changed their service delivery standards. And so, what they have notified us is that local mail takes up to three days on the way out and three days on the way in, Miami -Dade County. If you're somewhere else in Florida, or if you're in another state, it could be up to ten days. And so as you can see, these dates are just not lining up anymore. And as I also stated in the letter, I gave you guys some statistics that in the last election, 565 voters, or 11 percent of your vote -by -mail voters had their ballot rejected because it came in late. And, you know, I can imagine that that's not a number that any of us are comfortable with. That can change the election. And so providing a little more additional time, I think, is favorable to the voter as well. Lastly, because I am trying to run through this quickly, I know you have your other meeting, as I promised, on the candidate side, we're being asked for data, we're being asked for information to go out and campaign and get people to turn out to vote in the run-off. It's becoming very difficult for us to provide that information to you guys in that short period of time. I have to certdy the election, I have to do all my internal procedures before I can provide that data. And so I think the candidates --1 mean, we've polled this, right? I've asked around. Are people generally favorable to this idea of extending it? And so far, I've been getting very good feedback. People understand the need to give us additional time. And, you know, with that, I do -- so initially, my suggestion was to have the election in October; your original election in October; with your run-off in November. But I have since heard that there may be a desire to keep your first election on the original first Tuesday in November and push out the run-off Perfectly acceptable and amenable to that idea, but what 1 want to caution you guys about is that if you do the four weeks, which is what I've been talking about, as a minimum, it is literally the Tuesday after Thanksgiving, and that's not ideal for the exact reasons that I just talked about. People are going to be traveling, vote -by -mail ballots are going to be coming in late, early voting would be over Thanksgiving holiday, that's not great. So, you know, I don't think that that's the model that we should do. I think if we like November, December, that we should probably do five weeks. That would give us one additional week, and it would take us out of the overlapping of the Thanksgiving holiday. And I have also asked the other cities, Miami Beach, and Hialeah, how they feel about that. Because I really would love to keep everybody on that consolidated calendar if we can. And so they're floating that as well. And so I think that's everything in summary. I don't know if you had questions for me or if you just wanted me to get the idea out there -- Chair King: Thank you. Ms. White: -- for now. Chair King: I don't know, do my colleagues have any questions? City ofMiami Page 110 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 DI.2 16036 City Manager's Office Commissioner Reyes: No, no, 1 was (INAUDIBLE). Chair King: Okay. Commissioner Reyes: (INAUDIBLE) cumbersome. I mean, very little time between election and a run-off, and I agree that we need more time, you see, when you get into elections. You have to raise money, you have to get all the data, you have to do a lot of things, and two weeks is not enough. Five weeks, I agree with it. I mean, let me think about it. Chair King: That's a lot. Five weeks after is a lot, but I don't really have any questions now if you guys don't have any. Thank you for your presentation. Commissioner Pardo: Thankyou. Commissioner Gabela: Thankyou. Chair King: And at this time, we will recess the City of Miami Commission meeting for May 23rd, 2022 -- 24. And see you back in a bit. Todd B. Hannon (City Clerk): And just for the record, recess for the attorney -client session. Chair King: Thank you, Todd. Commissioner Reyes: Okay. DISCUSSION ITEM A DISCUSSION ITEM REGARDING AN UPDATE ON OFFICE OF INSPECTOR GENERAL. RESULT: DISCUSSED Chair King: I'm going to jump to D1.3, 1 believe there's a board report. Todd B. Hannon (City Clerk): Let me see if I can track down Peter Erhlich. Chair King: Okay, never mind. Then I'll go to D12. Commissioner Reyes: Okay. Chair King: D1.2. Commissioner Reyes: DI.2, the Inspector General -- what took place. Arthur Noriega (City Manager): Yes. So, the meeting with the Inspector General we -- occurred on Tuesday. As a result of that meeting, we were basically told that an interim solution really isn't realistic because the Inspector General doesn't have the bandwidth to be able to take on the additional staff that would be required, especially under such a short period of time. They did proffer the option that should the charter amendment pass, that they would be willing to assist us with a long-term, more long-term solution through an interlocal agreement, similar to what they have with the Miami -Dade County School District. City ofMiami Page 111 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Commissioner Reyes: Okay. Mr. Noriega: As a result of that conversation as well, one of the things that came out of it and really is something that I had discussed with each of you individually and I want to proffer as a potential alternative to what's currently proposed in terms of the two ballot language items as it relates to, one, the creation of the Inspector General, and the second, the removal of the Auditor General from the Charter. One of the things I'd like to suggest, based on that conversation with the Inspector General, kind of what they have felt is best practices, and 1 think just from a standpoint of just need, is that we reconsider the removal of the Auditor General, keep that position in place so that we have both, both an Inspector General and an Auditor General. It really creates more accountability, 1 think, just from a standpoint of -- of 'inure consideration. One would deal primarily with the financial aspects of the City from an internal audit perspective, and the Inspector General would deal really more on the investigative side, right, corruption and whatnot, administrative policy. If there is some concerns with regards to the performance of the current auditor general, I think that can be dealt with. That agreement's on a month -to -month basis anyway, and you certainly could make a transition there. We just feel, from an administration standpoint, that having both, creating that extra added accountability, actually has merit. And so that would be the recommendation on our end to maybe reconsider that second ballot item to remove the Auditor General, keep that position in place for future consideration. Commissioner Reyes: Madam Chair? Through the Chair. I want to clarify some comments that have been made -- because you know the public are fed a lot of misinformation and one of the misinformation was that the Inspector General didn't want to deal with us because the City of Miami had too many problems. That's not true. And in regard to the keeping the -- the auditor, the Inspector General can be also assigned an auditor. You see, an internal auditor that would be under him, okay? And I'd rather have that instead of having two offices. I mean, it's up to you guys, but that's what we voted on. If it doesn't work, we still have time to bring it back. Commissioner Gabela: Well, it's your baby. Commissioner Reyes: Hmm? Commissioner Gabela: It's your baby. Commissioner Reyes: It's our baby. We don't -- I mean, we don't -- we don't take ownership or anything. Commissioner Gabela: No, no, I know. Commissioner Reyes: We work together. Commissioner Gabela: No, but you're the one that came up with it. Commissioner Reyes: Yes, yes, sir. Okay. Thank you, sir. City ofMiami Page 112 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 DI.3 DISCUSSION ITEM 15907 A DISCUSSION OF THE MIAMI CITY COMMISSION REGARDING City Manager's ANNUAL BOARD REPORTS. Office MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item DI.3 was deferred to the June 13, 2024, City Commission Meeting. Chair King: Okay. Is there anyone here for the annual board reports? Todd B. Hannon (City Clerk): I believe we're going to need to defer that to the June 13th meeting. Chair King: Do I need a motion, for that? Mr. Hannon: Yes, ma'am. Chair King: May 1 have a motion to defer D1.3? Vice Chair Carollo: Move. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Mr. Hannon: Thank you, Chair. Chair King: When did you say, June 13th? Mr. Hannon: June 13th. Chair King: Okay. DI.4 DISCUSSION ITEM 15582 Commissioners and Mayor A DISCUSSION ITEM REGARDING PAYMENTS OF LEGAL FEES FOR DIAZ DE LA PORTILLA. MOTION TO: Defer RESULT: DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item DI.4 was deferred to the June 13, 2024, City Commission Meeting. City ofMiami Page 113 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Note for the Record: For minutes referencing Item DI.4, please see "Order of the Day." DI.5 DISCUSSION ITEM 16039 Department of Procurement A DISCUSSION TO DISCLOSE AN APPARENT CONFLICT BETWEEN THE CITY'S CHIEF PROCUREMENT OFFICER/DIRECTOR OF PROCUREMENT AND COMPANIES OWNED BY HER BROTHER IN-LAW WHO WAS SEEKING TO TRANSACT BUSINESS WITH THE CITY OF MIAMI. RESULT: DISCUSSED Chair King: D1.5. Commissioner Gabela: 1 believe the -- (COMMENTS MADE OFF THE RECORD) Commissioner Gabela: -- oh, sorry. Annie Perez: Good afternoon, Commissioners; Annie Perez, Director of Procurement. D1.5 is a disclosure item. My brother-in-law owns two firms, an architecture firm and a construction firm, and he had submitted some quotes for the Tower Theater stage extension project. And when those quotes got to me, some time, I think it was very early December, I immediately recognized the companies, I recused myself, I delegated my authority to my two assistant directors, and subsequently thereafter, I met with the City Attorney's Office, and we submitted for a request for an opinion from the Commission on Ethics. So that opinion is attached to the item. In a nutshell, they said there is no conflict between myself and my brother- in-law doing business with the City of Miami, but nonetheless, they did say that 1 did do the correct things by recusing myself and delegating the authority because in essence, I am the Chief Procurement Officer, and there could be a perception of impropriety, and we don't want that, so, good? Chair King: Thank you. Commissioner Gabela: Thank you. Ms. Perez: You're welcome. Commissioner Pardo: I really want to thank you, like, profusely, because this is the kind of thing that makes our city special. Thank you for coming before us and giving us the opportunity to hear. Ms. Perez: Thank you all. (COMMENTS MADE OFF THE RECORD) Ms. Perez: Thank you. Chair King: Thank you. END OF DISCUSSION ITEMS City ofMiami Page 114 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE 6608 MAY BE DEFERRED First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, AS AMENDED, 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 "PUBLIC PARKS AND RECREATION" OF APPROXIMATELY 1.87 ACRES OF A PORTION OF REAL PROPERTY LOCATED AT 5175 AND 5035 NORTHEAST 2 AVENUE AND FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF APPROXIMATELY 24.10 ACRES OF A PORTION OF REAL PROPERTY LOCATED AT 5175 AND 5035 NORTHEAST 2 AVENUE AND ALL OF 5125 NORTHEAST 2 COURT, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.1, please see "Order of the Day." City ofMiami Page 115 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 PZ.2 6117 ORDINANCE MAY BE DEFERRED First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION PURSUANT TO Planning ARTICLES 3 AND 7 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY REZONING CERTAIN PARCELS FROM "T5- 0", URBAN CENTER -OPEN, AND "T5-R", URBAN CENTER - RESTRICTED, TO "CS", CIVIC SPACE, AND "T6-8A-O", "T6-8B-O", AND "T6-12-0", URBAN CORE -OPEN, FOR THE DEVELOPMENT OF APPROXIMATELY 25.97 ACRES (1,131,253 SQUARE FEET) FOR THE "SABAL PALM VILLAGE SPECIAL AREA PLAN" ("SAP") GENERALLY LOCATED AT 5175 NORTHEAST 2 AVENUE, 5035 NORTHEAST 2 AVENUE, AND 5125 NORTHEAST 2 COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", CONSISTING OF A PHASED PROJECT DIVIDED INTO A MAXIMUM OF FOUR (4) PHASES WHICH INCLUDE APPROXIMATELY 2,929 RESIDENTIAL DWELLING UNITS, 400 LODGING UNITS, 168,011 SQUARE FEET OF OFFICE SPACE, 296,297 SQUARE FEET OF COMMERCIAL SPACE, 43,760 SQUARE FEET OF SPECIAL TRAINING/VOCATIONAL SCHOOL, AND 4,782 PARKING SPACES; MODIFYING THE TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PARCELS AND WHERE A REGULATION IS NOT SPECIFICALLY MODIFIED BY THE SAP, THE REGULATIONS AND RESTRICTIONS OF THE MIAMI 21 CODE APPLY; THE SQUARE FOOTAGE NUMBERS ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT BUT SHALL NOT EXCEED 5,899,658 SQUARE FEET OF TOTAL DEVELOPMENT AND SHALL CONTAIN A MINIMUM OF 195,272 SQUARE FEET OF CIVIC SPACE AND A MINIMUM OF 248,923 SQUARE FEET OF OPEN SPACE; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.2, please see "Order of the Day." City ofMiami Page 116 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 PZ.3 6118 ORDINANCE MAY BE DEFERRED First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163, FLORIDA STATUES, BETWEEN SPV REALTY LC AND THE CITY OF MIAMI ("CITY") RELATING TO THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF NET 22.47 ±ACRES FOR THE SABAL PALM VILLAGE SPECIAL AREA PLAN ("SPV SAP") COMPRISED OF AN ASSEMBLAGE OF PARCELS LOCATED AT APPROXIMATELY 5175 NORTHEAST 2 AVENUE, 5035 NORTHEAST 2 AVENUE, AND 5125 NORTHEAST 2 COURT, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF REDEVELOPMENT OF LAND FOR MIXED USES; AUTHORIZING USES INCLUDING, BUT NOT LIMITED TO, RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, PARKING, AND ANY OTHER USES AUTHORIZED BY THE SPV SAP AND PERMITTED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN — FUTURE LAND USE MAP DESIGNATION AND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.3, please see "Order of the Day." City ofMiami Page 117 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 PZ.4 ORDINANCE Second Reading 15536 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O," URBAN CENTER TRANSECT ZONE - OPEN, TO "T6-8-O," URBAN CORE TRANSECT ZONE - OPEN, OF THE PROPERTY GENERALLY LOCATED AT 43 NORTHEAST 53 STREET, 40 NORTHEAST 54 STREET, AND 50 NORTHEAST 54 STREET, MIAMI, FLORIDA (COLLECTIVELY, "PROPERTY") MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14285 MOTION TO: Adopt RESULT: ADOPTED MOVER: Damian Pardo, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: We're still waiting for one of my colleagues. So you could start with the PZ (Planning and Zoning) items. George Wysong (City Attorney): Yes, Madam Chair. Chair King: It begins PZ.4. Mr. Wysong: PZ.4. PZ.4. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: And this one will be adopted as modified. Okay. Chair King: Thank you, Mr. City Attorney. [Later...] Chair King: May I have a motion for PZ.4? Commissioner Pardo: I'll make the motion. Chair King: PZ.4. I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Item passes. George Wysong (City Attorney): As amended. Right? Commissioner Reyes: (INAUDIBLE). City ofMiami Page 118 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Mr. Wysong: Mr. City Clerk? Chair King: Item passes unanimously. Commissioner Reyes: Yes. Todd B. Hannon (City Clerk): No, it just -- we just need to substitute the backup documents. Unidentified Speaker: Yes. PZ.5 ORDINANCE First Reading 14742 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "SINGLE-FAMILY RESIDENTIAL" AND "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" AND "RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 160 NORTHEAST 50 TERRACE, 162 NORTHEAST 50 TERRACE, 170 NORTHEAST 50 TERRACE, 184 NORTHEAST 50 TERRACE, 183 NORTHEAST 50 STREET, 177 NORTHEAST 50 STREET, AND 169 NORTHEAST 50 STREET MIAMI, FLORIDA (COLLECTIVELY, "THE PROPERTY"), MORE PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note .for the Record: For minutes referencing Item PZ.5, please see "Order of the Day." City ofMiami Page 119 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 PZ.6 ORDINANCE First Reading 14743 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T4-L," GENERAL URBAN ZONE — LIMITED, TO "T5-O," URBAN CENTER ZONE — OPEN, FOR THE PROPERTIES GENERALLY LOCATED AT 5010 AND 5040 NORTHEAST 2 AVENUE AND A PORTION OF 184 NORTHEAST 50 TERRACE, MIAMI, FLORIDA, A CHANGE OF ZONING DESIGNATION FROM "T4-R," GENERAL URBAN ZONE — RESTRICTED, TO "T5-O," URBAN CENTER ZONE — OPEN, FOR A PORTION OF 184 NORTHEAST 50 TERRACE (THE WEST 15.50' OF LOT 2, BLOCK 7 OF THE CORRECTED PLAT OF ALTA VISTA), MIAMI, FLORIDA, A CHANGE OF ZONING DESIGNATION FROM "T4-R," GENERAL URBAN ZONE — RESTRICTED, TO "T5-L," URBAN CENTER ZONE — LIMITED, FOR THE PROPERTIES GENERALLY LOCATED AT 162, 170, AND A PORTION OF 184 NORTHEAST 50 TERRACE (LOT 3, BLOCK 7 OF THE CORRECTED PLAT OF ALTA VISTA), MIAMI, FLORIDA, A CHANGE OF ZONING DESIGNATION FROM "T4-R," GENERAL URBAN ZONE — RESTRICTED, TO "T4-L," GENERAL URBAN ZONE — LIMITED, FOR THE PROPERTIES GENERALLY LOCATED AT 169, 177, AND 183 NORTHEAST 50 STREET, MIAMI, FLORIDA, AND A CHANGE OF ZONING DESIGNATION FROM "T3-L," SUBURBAN TRANSECT ZONE — LIMITED, TO "T4-L," GENERAL URBAN ZONE — LIMITED, FOR THE PROPERTY GENERALLY LOCATED AT 160 NORTHEAST 50 TERRACE, MIAMI, FLORIDA (COLLECTIVELY, "PROPERTY"), AS PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.6, please see "Order of the Day." City ofMiami Page 120 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 PZ.7 15113 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY ARTHUR NORIEGA, V, CITY OF MIAMI CITY MANAGER AND MIGUEL FERRO, EXECUTIVE DIRECTOR OF BAYFRONT PARK ("APPELLANT"), OF THE DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD THEREBY AFFIRMING/REVERSING THE CITY OF MIAMI PLANNING DEPARTMENT'S ISSUANCE OF WARRANT NO. PZ-23-16544 ISSUED PURSUANT TO ARTICLE 4, TABLE 12, AND ARTICLE 7, SECTIONS 7.1.1.2 AND 7.1.2.4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TO ALLOW FOR THE RECREATIONAL FACILITY USE ON A PARCEL ZONED "CS," CIVIC SPACE TRANSECT ZONE, LOCATED AT 1095 BISCAYNE BOULEVARD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0212 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Damian Pardo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Gabela, Pardo, Reyes NAYS: King, Carollo Note for the Record: A motion was made by Vice Chair Carollo, seconded by Chair King, to grant the appeal for Item PZ.7, which FAILED by the following vote: AYES: Chair King and Vice Chair Carollo; NOES: Commissioner Gabela, Commissioner Pardo, and Commissioner Reyes. Note for the Record: For additional minutes referencing Item PZ.7, please see "Public Comment for All Item(s)." Chair King: All of my colleagues have joined me. I'm going to ask my colleagues, at this time, are there any items on the agenda that you would like to defer to the next meeting? If anything has changed from this morning. Vice Chair Carollo: Yes. Let me go (INAUDIBLE) -- Commissioner Gabela: There was -- Vice Chair Carollo: Let me go here, PZ (Planning and Zoning) item. Okay. The item that I would like to defer is until we have the August referendum would be PZ.7. Obviously, if the referendum fails, then definitely PZ.7 should be brought forward. Why am I saving that? Because it will not make sense at all to vote upon this today if we're letting the people decide in August. Let them decide. And if it's voted down by the voters ofMiami, then by all means, they will be taken down. Commissioner Pardo: Madam Chair, can I speak to that for a second? Chair King: Yes. Commissioner Pardo: It's in the district. City of Miami Page 121 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Chair King: Yes. Commissioner Pardo: Okay. This has obviously been fought hard by downtowners. This has been deferred several times. They want their case heard. The ballot referendum does not directly tie to this issue at all. It's a bit of demagoguery. It is a global issue about gym equipment in parks. This is a very specific issue about gym equipment and Bayfront Park Trust. We have had many, many phone calls, many, many people have come out to speak. Some folks are here to speak again on the issue. I think we owe it to take a vote on the issue. Vice Chair Carollo: Commissioner, with all due respect, you talk about civility, but when you use the word demagoguery, the only demagoguery that's being used here is the one that you're using. First of all, it's only been a very small group of people that have expressed themselves against it. Secondly of all, I don't know where you claim that the demagoguery is because this has been an issue that we have shown and we're willing to show again today, that for well over a year and a half before the Bayfront Park Trust ever took it up, the media had written and was talking about it. The DNA (Downtown Neighbors Alliance) of downtown, chairman, knew about it because he's the one that sent me the article, as I've shown. And I personally spoke to the heads of numerous of those associations across the street. And then in one whole meeting with the different groups across Bayfront Park, which is on the other side. So, people were informed. There's' no demagoguery here. The demagoguery is that some are trying to kill this, thinking that somehow they're getting at ine, they're hurting me. I'm not going to be hurt whether you dump this in the bay and make a reef out of it or not. It's the people that are going to use it. And when you keep saying this is D2 (District 2), D2, this is a regional park. And when bond issues were put by this Commission, and years back by other commissions, it was based upon that this was a regional park. Furthermore, there has never been any master plan that's been approved by this Commission. If there is, please show me when a commission in the past took any kind of vote on a master plan. My God, we have around 40 parks in this city that have outdoor gyms. Parks that are much, much smaller. In fact, all of them are smaller than this 20-acre park that's only taking some 3,000 square feet. As was stated here by staff everything was done appropriately. What is the big fear of the people of Miami voting on this? And you're free to lead a campaign on it. If there are thousands of people that don't want this, then this will fail and that will be the end of it. If -- Chair King: 1 have -- Commissioner Pardo: Madan Chair. Chair King: 1 --1 have a motion -- 1 have a request to defer PZ.7. Do 1 have a motion? Vice Chair Carollo: There's a motion to defer PZ.7 until after the referendum is held. Chair King: Do I have a second? Motion fails for lack of second. Chair King: And you said PZ.7? Commissioner Gabela: PZ.7? No, that's taken out. It's been taken out. Chair King: What do you mean taken out? City of Miami Page 122 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 (COMMENTS MADE OFF THE RECORD) Commissioner Gabela: That was the gym equipment. That was taken out. Chair King: What you mean taken out? Todd B. Hannon (City Clerk): PZ.7 is in play. Chair King: It's in play. Commissioner Pardo: Oh, it is? Mr. Hannon: It wasn't a part of the previous motion. Commissioner Pardo: I thought we voted on it. Chair King: I -- did we defer it? Mr. Hannon: No. PZ.7 is in play. Your motion was on -- Commissioner Pardo: No, no, it's in play. Mr. Hannon: -- PZ -- Chair King: Okay. Mr. Hannon: -- 8, 9, 10 -- Chair King: Right, no, because he said PZ.7 was taken out. I don't know if we had deferred it and I missed it. Mr. Hannon: Taken out of the -- that block vote. Arthur Noriega (City Manager): Yeah, it was probably taken out of the block. Chair King: Okay. So, we're voting to appeal the decision. I mean, what's our vote? Commissioner Pardo: Uphold the decision. Chair King: And the decision -- Commissioner Pardo: Uphold the appeal and deny the warrant. Chair King: That takes the equipment out of the park? Commissioner Pardo: Right. Chair King.• Okay, I'm voting to keep the equipment in the park. Commissioner Pardo: Okay. Chair King: Because I -- Commissioner Pardo: Gotcha. Chair King: -- you know, I already said -- City ofMiami Page 123 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Commissioner Pardo: No, 1 know. I'm getting -- Chair King: Okay. I see folks stand -- hey, Ms. Amanda. Amanda Quirke Hand: Hi, good evening. Amanda Quirke Hand, outside counsel for the City of Miami on this appeal. We were here in January and had a full and complete public hearing. So, I think it's the position of the City that the public hearing is closed at this time, but we are available if you have any questions. To clam, if you -- if you vote to grant the appeal, then the equipment stays. If you vote to deny the appeal, the equipment comes out. Chair King: Okay. Do I have a motion to grant the appeal? Vice Chair Carollo: Yes. Chair King: I have a motion. Do I have a second? I'll be the second. I have a motion and a second. All in favor to grant the appeal? Vice Chair Carollo: Yes. Chair King: Aye. Commissioner Gabela: Nay. Commissioner Pardo: Nay. Chair King: Motion fails 3-2. Mr. Hannon: Yes, motion fails 2-3 with Commissioner Reyes, Gabela, and Pardo voting no. Commissioner Reyes: May -- let me clarify that we have -- we have a question on the ballot and that question on the ballot is the one that is going to decide. Commissioner Pardo: No, I would -- I would argue that that question doesn 't decide. That's a general question about gym equipment in parks. This is a very specific situation with buildings that have their own gyms, primarily, and people who are going to that park who don't want -- Commissioner Reyes: Yes. Commissioner Pardo: -- that gym equipment where it's located -- Commissioner Reyes: Yes, but that -- that question was placed, and it was my understanding that it was specific to it. Commissioner Pardo: Yeah, it's not specific, but -- Commissioner Reyes: I mean, we haven't -- Vice Chair Carollo: (INAUDIBLE). Commissioner Pardo: No. Commissioner Reyes: The -- I don't -- we don't have the language for that, yet. City ofMiami Page 124 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Vice Chair Carollo: Yes. Commissioner Reyes: Okay, we have the language? Commissioner Pardo: It's very broad. Commissioner Reyes: It's very broad? Vice Chair Carollo: No, it was specific to that park. Commissioner Pardo: Yes, to that park, but just gym equipment in general for the whole -- Vice Chair Carollo: Well -- Commissioner Reyes: Okay. Vice Chair Carollo: -- we could that up whenever you like later, but -- Chair King: Okay. Commissioner Pardo: Can we -- can we vote on the item? Chair King: We did. Commissioner Pardo: Oh, okay. Commissioner Reyes: No, no, we did. Chair King: We did. There are two Future Legislation items. That's just for reference, requires no action on behalf of the Commission. At this time, the City of Miami -- Mr. Hannon: Chair? Chair? Chair King: Yep? Yep? Mr. Hannon: So -- okay, so what -- my apologies, PZ.7? Chair King: Failed. Mr. Hannon: Right. Chair King: It -- they -- it failed to -- Mr. Hannon: So the motion -- Chair King: -- grant the appeal. Mr. Hannon: Right, so it's still in play. Chair King: I see. Okay. Commissioner Pardo: Now I want to make a motion to deny the appeal. That's why I Chair King: Okay. Do I have a motion -- I have a motion, do I have a second? City ofMiami Page 125 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 PZ.8 15943 Department of Planning Commissioner Gabela: Second. Chair King: I have a motion and a second. All in favor? Commissioner Pardo: Aye. Commissioner Gabela: Aye. Commissioner Reyes: (INAUDIBLE). Vice Chair Carollo: No. Chair King: No. Mr. Hannon: So, Chair, just for the record, the motion passes 3-2 -- Chair King:: 3-2. Mr. Hannon: -- with Commissioner Carollo and Commissioner King voting no. Chair King: Correct. Commissioner Gabela: Okay, can -- are we done? Mr. Hannon: As amended. Chair King: As amended. Yes, do you want to say something else before I -- Commissioner Gabela: Yeah, I want to say something because it's been brought to my, attention, going hack to, which one was it, the -- (COMMENTS MADE OFF THE RECORD) Commissioner Gabela: So, SR.1. Okay, ifyou would indulge me. Chair King: Oh, while we're -- I'm sorry, we forgot one item. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, PURSUANT TO CHAPTER 55, SECTION 55-15(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, A REQUEST TO CLOSE, VACATE, ABANDON, AND DISCONTINUE FROM PUBLIC USE A PLATTED UTILITY EASEMENT ("UTILITY EASEMENT") ON THE PROPERTY GENERALLY BOUNDED BY NORTHEAST 2 AVENUE AND NORTHEAST 4 AVENUE, AND BETWEEN NORTHEAST 42 STREET AND NORTHEAST 43 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: R-24-0213 City ofMiami Page 126 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Okay. Mr. City Attorney, would you please read into the record the remaining titles of the PZ (Planning and Zoning) items? George Wysong (City Attorney): Starting at PZ. 7, I think? Chair King: That doesn't need to be read into the record. PZ.7 or 8? Mr. Wvsong: That's right, it's a resolution. PZ.9. Chair King: 9, 10, 11, 12, 13, and 18. Mr. Wvsong: Yes, Madam Chair. 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: PZ.12. The Ordinance was read by title into the public record by the City Attorney. Mr. Wvsong: PZ.13. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: PZ.18. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: And a note on PZ.8, the backup needs to be modified, per the City Clerk. Commissioner Pardo: And on PZ.11, can I be added as a sponsor? Commissioner Reyes: PZ.11? Vice Chair Carollo: (INAUDIBLE). Commissioner Gabela: Motion. Chair King: That's the elderly housing. Commissioner Reves: Yes. City ofMiami Page 127 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Chair King: That's the elderly housing. Commissioner Reyes: 1-- Commissioner Gabela: Motion. Chair King: So -- Commissioner Reyes: Second. Mr. Wysong: There 's a Jennings disclosure on PZ. 12 and PZ.13 for District 4, Commissioner Reyes, I believe. Commissioner Reyes: That's right. Commissioner Gabela: Motion. Chair King: So -- Commissioner Reyes: Hold on a second. Chair King: Are there any items that my colleagues would like to pull from the PZ items for discussion? Commissioner Reyes: Well, we have PZ.7, which is the -- the exercise -- Chair King: We could pull that -- Commissioner Gabela: No, that was already taken out. Commissioner Reyes: It was already taken out. Commissioner Gabela: No, yeah. Commissioner Reyes: Okay, okay. Commissioner Gabela: Am I correct on that, George? Mr. Wysong: Yeah. Commissioner Gabela: I think it was taken out. Commissioner Reyes: Okay. Chair King: So, may I have a motion for PZ.8, 9, 10, 11, 12, 13, and 18? Commissioner Gabela: Motion. Commissioner Pardo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City ofMiami Page 128 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 PZ.9 ORDINANCE Second Reading 15534 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "LOW -DENSITY RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT 1300 NORTHWEST 38 STREET AND 1317 NORTHWEST 37 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14286 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.9, please see Item PZ.8. PZ.10 ORDINANCE Second Reading 15535 AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O," SUB - URBAN TRANSECT ZONE -OPEN, TO "T4-L," GENERAL URBAN TRANSECT ZONE — LIMITED, OF THE PROPERTIES GENERALLY LOCATED AT 1300 NORTHWEST 38 STREET AND 1317 NORTHWEST 37 STREET, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14287 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.10, please see Item PZ.8. City ofMiami Page 129 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 PZ.11 ORDINANCE Second Reading 15942 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") SPECIFICALLY BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," TO ESTABLISH A DEVELOPMENT DENSITY BONUS AND ASSOCIATED DEVELOPMENT FLEXIBILITIES FOR DEVELOPMENTS THAT CONTAIN HOUSING FOR THE ELDERLY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14288 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.11, please see Item PZ.8. PZ.12 ORDINANCE First 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. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.12, please see "Public Comment for Allltem(s) and Item PZ.8." City ofMiami Page 130 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 PZ.13 ORDINANCE First 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. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.13, please see Item PZ.8. PZ.14 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: Continue RESULT: CONTINUED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item PZ.14 was continued to the June 27, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item PZ.14, please see "Order of the Day." City ofMiami Page 131 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 PZ.15 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: Continue RESULT: CONTINUED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item PZ.15 was continued to the June 27, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item PZ.15, please see "Order of the Day." PZ.16 ORDINANCE First Reading 15940 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 175 NORTHEAST 55 STREET, MIAMI, FLORIDA, AND THE WESTERN PORTION OF 184 NORTHEAST 56 STREET, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.16, please see "Order of the Day." City ofMiami Page 132 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 PZ.17 ORDINANCE First Reading 15941 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 TRANSECT OF THE WESTERN PORTION OF THE PROPERTY BIFURCATED BY TWO (2) TRANSECT ZONES LOCATED AT 184 NORTHEAST 56 STREET, MIAMI, FLORIDA, FROM "T4-R," GENERAL URBAN TRANSECT ZONE — RESTRICTED, TO "T5-O," URBAN CENTER TRANSECT ZONE — OPEN, AND THE PROPERTY GENERALLY LOCATED AT 175 NORTHEAST 55 STREET FROM "T4-R," GENERAL URBAN TRANSECT ZONE — RESTRICTED, TO "T5-O," URBAN CENTER TRANSECT ZONE — OPEN, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.17, please see "Order of the Day." PZ.18 ORDINANCE First Reading 15993 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), SPECIFICALLY BY AMENDING ARTICLE 6 OF THE MIAMI 21 CODE, TITLED "SUPPLEMENTAL REGULATIONS," TO EXTEND THE SUNSET PROVISION FOR ONE (1) ADDITIONAL YEAR TO ALLOW EDUCATIONAL USES BY RIGHT IN T6 TRANSECT ZONE IN CERTAIN CIRCUMSTANCES PURSUANT TO ORDINANCE NO. 14188; DIRECTING THE CITY MANAGER TO PLACE A DISCUSSION ITEM ON A CITY COMMISSION AGENDA TO REVIEW THE ORDINANCE NINE (9) MONTHS AFTER ADOPTION; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.18, please see Item PZ.8. END OF PLANNING AND ZONING ITEM(S) City ofMiami Page 133 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 FL.1 16029 Department of Planning FL.2 16030 Department of Planning FL - FUTURE LEGISLATION ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 3, TITLED "BUILDING FUNCTION: USES," AND ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS," TO ONLY ALLOW BED AND BREAKFAST USE IN "T4-R" GENERAL URBAN TRANSECT ZONE - RESTRICTED IN CERTAIN CIRCUMSTANCES PER CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN ORDINANCE 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"), MORE SPECIFICALLY BY AMENDING ARTICLE 5, ENTITLED "SPECIFIC TO ZONES", TO CLARIFY SIDE AND/OR REAR SETBACK ENCROACHMENTS AND ANY ASSOCIATED DESIGN REQUIREMENTS FOR T5 - URBAN CORE TRANSECT ZONE, T6 - URBAN CENTER TRANSECT ZONES, AND CI -HD - CIVIC INSTITUTION ZONES - HEALTH DISTRICT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City ofMiami Page 134 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 NA.1 16123 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING ITS VEHEMENT CONDEMNATION OF THE VISIT BY CUBAN OFFICIALS TO THE MIAMI INTERNATIONAL AIRPORT ON MAY 20, 2024; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0210 MOTION TO: Adopt RESULT: ADOPTED MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item NA.1, please see "Order of the Day." Chair King: May 1 have a motion to approve Pocket Item 1? Commissioner Gabela: Motion. Commissioner Pardo: What is Pocket -- Chair King: Pocket Item 1. It's Commissioner Reyes's pocket item. Commissioner Pardo: Oh, yes. (COMMENTS MADE OFF THE RECORD) Chair King: Okay. Commissioner Pardo: I'll make the motion. Chair King: I have a -- Commissioner Gabela: Second. Chair King: -- I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Vice Chair Carollo: Can you put me (INAUDIBLE). Chair King: Okay. Brian Kern: So, PZ.7 is good? We're done? Chair King: PZ.7? City ofMiami Page 135 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 Unidentified Speaker: You're done. Mr. Kern: Okay. Unidentified Speaker: You're done. Mr. Kern: Okay. Chair King: Yes. Mr. Kern: I got the master plan for the park right here, by the way. I know you mentioned earlier -- Commissioner Gabela: Okay. Chair King.: Yes. Mr. Kern: -- it doesn't exist, but -- Chair King: We're done. City ofMiami Page 136 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 NA.2 16131 Office of the City Clerk DISCUSSION ITEM UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE JUNE 13, 2024, MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTERS OF ROBERT GUSMAN, BRUCE GUSMAN AND JACKIE GUSMAN THAYER AS SUCCESSOR TRUSTEES OF THE REAL PROPERTY OF MAURICE GUSMAN CULTURAL CENTER FOR THE PERFORMING ARTS, INC., A DISSOLVED FLORIDA NOT FOR PROFIT CORPORATION, V. CITY OF MIAMI, CASE NO. 22- 23242 CA 01, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA, AND MAURICE GUSMAN CULTURAL CENTER FOR THE PERFORMING ARTS, INC. A DISSOLVED FLORIDA NOT FOR PROFIT CORPORATION, V. CITY OF MIAMI, CASE NO. 3D23-1842, PENDING IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA, THIRD DISTRICT, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIRWOMAN CHRISTINE KING, VICE-CHAIRMAN JOE CAROLLO, COMMISSIONERS MIGUEL ANGEL GABELA, DAMIAN PARDO, AND MANOLO REYES; THE CITY MANAGER, ARTHUR NORIEGA, V; THE CITY ATTORNEY, GEORGE K. WYSONG III; CHIEF DEPUTY CITY ATTORNEY JOHN A. GRECO; DEPUTY CITY ATTORNEY KEVIN R. JONES, AND ASSISTANT CITY ATTORNEYS ERIC J. EVES, AND MARGUERITE C. SNYDER. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR CITY COMMISSION MEETING WILL BE REOPENED AND THE PERSON PRESIDING OVER THE CITY COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. RESULT: DISCUSSED George Wysong (City Attorney): Since we have a dull moment, could I read a script for the next shade meeting? Chair King: Please do. Mr. Wysong: Thank you. City ofMiami Page 137 Printed on 07/10/2024 City Commission Meeting Minutes May 23, 2024 ADJOURNED Chair King: And if we have more dull moments, you can read into the record the titles of our PZ (Planning and Zoning) items. Mr. Wysong: Very well, Madam Chair. All right. This is a request for an attorney - client session. Madam Chair and members of the Commission, pursuant to the provisions of Section 286.011(8), Florida Statutes, I am requesting that at the City Commission meeting of June 13th, 2024, an attorney -client session closed to the public be held for the purposes of discussing the pending litigation in the matters of Robert Gusman, Bruce Gusman, and Jackie Gusman Thayer, as successor trustees of the real property of Maurice Gusman Cultural Center for the Performing Arts, Inc., a dissolved Florida not -for profit corporation v. City of Miami, Case Number 22- 23242-CA-01, pending in the circuit court of the 11 th Judicial Circuit, in and for Miami -Dade County, Florida; and Maurice Gusman Cultural Center for the Performing Arts, Inc., a dissolved Florida not -for -profit corporation v. City of Miami, Case Number 3D-23-1842, pending in the District Court of Appeals of the State of Florida, Third District, to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. This private meeting will begin at approximately 10:00 a.m. or as soon thereafter as the Commissioners' schedules permit and conclude approximately one hour later. The session will be attended by the members of the City Commission, which include Chairwoman Christine King, Vice Chairman Joe Carollo, Commissioners Miguel Angel Gahela, Manolo Reyes and Damian Pardo; City Manager Arthur Noriega, V,• myself George Wysong; Chief Deputy City Attorney John A. Greco; Deputy City Attorney Kevin Jones, and Assistant City Attorneys Eric Eves and Marguerite Snyder. A certified court reporter will be present to ensure that this session is fully transcribed and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney -client session, the regular Commission meeting will be reopened and the person chairing the Commission meeting will announce the termination of the attorney -client session. Chair King: Thank you, Mr. City Attorney. Mr. Wysong: And you wanted me to read the PZ titles? (COMMENTS MADE OFF THE RECORD) Chair King: No, we have we haven't done anything as yet. The meeting adjourned at 6:47p.m. City ofMiami Page 138 Printed on 07/10/2024