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HomeMy WebLinkAboutCC 2020-10-08 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com �YOp r 1 ' 'Parr +� v * INCORP ORATEO * 1896 Meeting Minutes Thursday, October 08, 2020 9:00 AM City Commission Meeting City Hall City Commission Francis X. Suarez, Mayor Keon Hardemon, Chair, District Five Ken Russell, Vice Chair, District Two Alex Diaz de la Portilla, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes October 8, 2020 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Hardemon, Vice Chair Russell, Commissioner Diaz de la Portilla, Commissioner Carollo and Commissioner Reyes. On the 8th day of October 2020, the City Commission of the City of Miami, Florida, conducted and broadcasted a virtual meeting from its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Hardemon at 9:14 a.m., recessed at 12:44 p.m., reconvened at 3:20 p.m., and adjourned at 8:25 p.m. Note for the Record: Commissioner Carollo joined the virtual meeting at 11:20 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk PART A - NON -PLANNING AND ZONING ITEM(S) ORDER OF THE DAY Chair Hardemon: Good morning, everyone. Just give me one second. I'm trying to find my script. I had it open. I don't know where it went. Commissioner Reyes: Good morning, boys. How you doing? Commissioner Diaz de la Portilla: Good morning, Commissioner. Commissioner Reyes: You're looking good. Looks like (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: So what? I think we're live now on television. Be careful. Commissioner Reyes: How's everybody doing? Commissioner Diaz de la Portilla: Good, everybody's good. Commissioner Reyes: Yeah, that's good, that's good. Hey, I haven't asked you for a while. How is your mom and your dad? Commissioner Diaz de la Portilla: They're doing well. Thank you for asking, Commissioner. Doing well. Commissioner Reyes: He still goes to the -- Commissioner Diaz de la Portilla: Every, day. Every, day at 7. He just called me 7:30 this morning. He was there already, every day. He goes -- he comes home a little bit earlier now, around 3 o'clock. But he -- you know, he doesn't stay until 5, but he's -- every day. Commissioner Reyes: I have to go visit. Commissioner Diaz de la Portilla: Yes, you do, absolutely. City of Miami Page 1 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Reyes: Yes, I have to go visit. Commissioner Diaz de la Portilla: 83 and -- both of them are 83 and they're going strong. Commissioner Reyes: Oh, yeah, they're going strong. Commissioner Diaz de la Portilla: 62 years of marriage and -- Commissioner Reyes: It is an amazing, amazing couple. Commissioner Diaz de la Portilla: It's a beautiful thing, you know? Commissioner Reyes: It's a beautiful thing. Commissioner Diaz de la Portilla: They fight every day. It's so beautiful to watch them. Commissioner Reyes: Oh, yes, man. And they're always fighting and telling you about one -- Commissioner Diaz de la Portilla: But they can't be without each other for more -- you know, they can't be without each other. Commissioner Reyes: That's right. That's right. Commissioner Diaz de la Portilla: She won't have lunch without him. "Well, I got to wait for your dad to come home to have lunch. "He goes home every day to have lunch and then returns. Commissioner Reyes: You know, that is beautiful, man. That's a beautiful, beautiful marriage. Yeah. Chair Hardemon: Madam City -- Commissioner Diaz de la Portilla: Doesn't happen anymore these days, you know? Chair Hardemon: Can you e-mail me the script? Barnaby Min (Deputy City Attorney): Mr. Chairman, I sent it to you again. Chair Hardemon: Thank you. Victoria Mendez (City Attorney): It came from M -- Marta Gomez, if you haven't -- Mr. Min: Send it again. Chair Hardemon: That's the reason I can't find it. But you can send it again if you want. Okay, I found Maita's. All right, there it is. Here we go. Commissioner Reyes: Yes, sir. Chair Hardemon: Pursuant to Executive Order Number 20-246, issued by the Office of Governor Ron DeSantis on September 30, 2020, municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology, such as telephonic or videoconferencing, as provided by Section 120.545(b)(2) Florida Statutes. Procedures for public comment will be explained by the City Attorney shortly. Procedures for the swearing in of all parties for the Planning and Zoning and/or quasi-judicial items will be explained by the City Clerk. The members of the City Commission are appearing remotely for this meeting, and they are Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes; Ken Russell, the Vice Chair; and City of Miami Page 2 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 me, Keon Hardemon, the Chairman. Also appearing remotely are City Manager Art Noriega; City Attorney Victoria Mendez; and City Clerk Todd Hannon. Madam City Attorney, please state the procedures to be followed during this meeting. Mr. Min: Mr. Chairman, any person who is a lobbyist, pursuant to Chapter 2, Article 6 of the City Code, must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's office, or online at municode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of the City Code section is available in the Office of the City Clerk or online at municode.cona. Pursuant to Section 2-33(f) and (g) of the City Code, the agenda and the material for each item on the agenda for this virtual meeting was published and made available to the Mayor, members of the City Commission, and to the public at least five lira business days in advance of the meeting. The material for each item on the agenda is available during business hours at the City Clerk's Office, and online 24 hours a day at miarnigov.com. Any person may be heard by the City Commission through the Chair and upon registering, pursuant to the published notice for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. Since this is a virtual meeting, as authorized by the Governor of the State of Florida, members of the public wishing to address the body may do so by visiting miamigov.comlvirtualmeeting to upload their two -minute video comments to be played during the virtual Commission meeting, or to submit their written comments via the online comment form. The comments submitted through the comment form have been distributed to the elected officials and the City Administration throughout the day so that the elected officials can 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 up until the time the Chairperson closes the public comment. Members of the public may also call 305-250-5340 to provide comments via the dedicated City of Miami public comment voicemail, where the individuals will be able to leave a two -minute message that will be played during the virtual Commission meeting. Members of the public may also pre -register to provide live public comment by phone during the meeting. You may pre -register by phone by calling 305- 250-5341, or online at miamigov.comlgovernmentllivepublic-comment. All comments submitted will be included as part of the public record for this virtual meeting and will be considered by the City Commission prior to taking any action. The City will accommodate any speakers desiring to appear in person, subject to all applicable emergency measures in place to prevent the further spread of COVID-19. The City has set up a terminal in the event members of the public travel to City Hall to provide public comment. Speakers who appear in person will be subject to screening for symptoms of COVID-19. Any persons exhibiting any symptoms of COVID-19 will not be permitted to enter City Hall. All interested parties are required to abide by all State, County, and local emergency orders, and are urged to remain at home and practice social distancing. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. When addressing the City Commission, the member of the public must first state his or her name, his or her 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. Section 286.0114(4)(c) of Florida Statutes authorizes the City to prescribe procedures or forums for an individual to use in order to inform the board or Commission of the desire to be heard, to indicate his or her support, opposition, or neutrality on a proposition. The City, through its multiple comment options has provided five different methods to indicate, among other things, the public's support, opposition, or neutrality on the items and topics to be discussed at today's Commission meeting. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity in time before the meeting. These public comment options are established and provided for, for the virtual City Commission meeting comply with Section 286.014 and Section 120.54 of Florida Statutes. The City has also created a simple set of instructions explaining how the public may submit their comments with either option. Those instructions were provided in the notice to the public via the City's social media channels and published online at City of Miami Page 3 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 miamigov.comlvirtualmeeting. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. PZ (Planning and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance as temporarily modified by Emergency Ordinance Numbers 13902, 13903, and 13914. Pursuant to Emergency Ordinance Numbers 13903 and 13914, the parties for any PZ items, including any applicant, appellant, appellee, City staff and any person recognized by the decision -making body as a qualified intervenor, as well as the applicant's representatives and any experts testifying on behalf of the applicant, appellant, or appellee may either be physically present at City Hall to he sworn in by oath or affirmation by the City Clerk, or may appear virtually and make arrangements to be sworn in by oath or affirmation in person at their location by an individual qualified to perform such duty. Pursuant to Emergency. Ordinance Number 13903, members of the general public who are not parties to an action pending before the City Commission are not required to be sworn in by oath or affirmation. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice pursuant to Florida Statute Section 286.015 and Section 7.1.4.5 of the Miami 21 Code. Staff will then briefly present each item to be heard. For applications requiring City Commission approval, the applicant will then present its application or request to the City Commission. If the applicant agrees with City's -- with staffs recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentation shall be as set forth in Miami 21 and the City Code providing that the appellant shall present first. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have. The City of Miami requires that anyone requesting actions by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action pursuant to Section 2-8 of the City Code. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. If any Commissioner thinks that the documents supplied to the Commission less than seven days before merit a continuance of the item, the item may' be continued by the City Commission. When the City Commission takes action or votes on any proposition before it, it shall do so by a roll call vote, which shall be recorded by the Clerk and included in the record. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at miamigov.com. The City of Miami is using Zoom to hold its October 8, 2020 virtual regular City Commission meeting. Zoom is a cloud platform for video and audio conferencing, collaboration, chat, and webinars across mobile devices, desktops, telephones and room systems. In order to ensure that the public has the ability to view the meeting, the City's Communications Department will broadcast the meeting through all usual avenues that are provided when a City Commission meeting is held fully in Commission chambers at City Hall. (INAUDIBLE) viewed live on miamigov.comlty, through the City's Facebookpage, on the City's Periscope channel, on the City's YouTube channel, and on Comcast Channel 77. The broadcast will also have closed captioning. Additionally, the City has not selected a virtual platform that requires the public to purchase or download any additional software or equipment to watch this meeting. Aside from the Zoom platform and that the participants will be appearing remotely, the public will have no discernable difference in their ability to watch the meeting. Commissioners, please confirm you are comfortable with these notice provisions as set forth in these uniform rules and procedures for this meeting. Vice Chair Russell: Yes. Mr. Min: Thank you. Commissioner Diaz de la Portilla: Confirmed -- yes . Chair Hardemon: Mr. City Clerk, can you read your procedures that should be followed, the swearing in ceremony? City of Miami Page 4 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony, to be sworn in for Planning and Zoning items and any quasi-judicial items on today's City Commission agenda will be as follows: The members of the City staff or any other individuals required to be sworn in who are currently present at City Hall will be sworn in by me, the City Clerk, immediately after I finish explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for Planning and Zoning items and/or quasi-judicial items. Pursuant to Emergency Ordinance Number 13903, those individuals appearing remotely may be sworn in at their location by an individual qualified to administer the oath. After you are sworn in, please be sure to complete, sign, and notarize the affidavit provided to you by the City Attorney's Office. Each individual who will provide testimony must be sworn in and execute an affidavit. Please email a scanned version of the signed affidavit to the City Clerk at thannon@miamigov.com prior to providing testimony on the Planning and Zoning item and/or quasi-judicial item. The affidavit shall be included in the record for the relevant item for which you will be providing testimony. Chair, there is one individual in the Chambers that I need to administer the oath. Is it okay ifI do so now? Chair Hardemon: Please. Mr. Hannon: Thank you, Chair. Just a moment. Let me have you 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, sir. Thank you, Chair. Chair Hardemon: Thank you very much. Okay. Are there any items that are going to be withdrawn, continued, or deferred by the Administration? Commissioner Diaz de la Portilla: You're muted, Mr. -- Chair Hardemon: You're muted, Art. Arthur Noriega (City Manager): I'm muted. Sorry about that. Good morning, Mr. Chair Mr. Vice Chair, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: On the regular agenda, defer to November 19th, RE.1; to defer to the November 19 meeting, RE.2; to be withdrawn, RE.6; and to be indefinitely deferred. DI.3. On the PZ (Planning and Zoning) agenda: To be withdrawn, PZ.1; to be withdrawn, PZ.2; to be withdrawn, PZ.3; and to be withdrawn, PZ.4. And that concludes the items that we wish to withdraw or defer. Chair Hardemon: Okay. Are there any items that the Commissioners wish to withdraw, defer or continue? Vice Chair Russell: Mr. Chairman. Chair Hardemon: Yes. Vice Chair Russell: Good morning. I'd just like to be listed as a sponsor on PZ.7. And I have a pocket item to add when appropriate. Chair Hardemon: Okay. Just a quick -- Commissioner Diaz de la Portilla: Mr. Chair. Chair Hardemon: Yeah, you're recognized, Senator. City of Miami Page 5 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: I wanted to object to what -- with deferring RE.1 and RE.2. 1 want to have a debate on those two items. Chair Hardemon: 1 would agree with you there because I'm one of those persons that want to talk about those items. They have been continued enough. So, basically then, Senator, would you like to remove RE.1 and RE.2 from consideration in the motion for continuance -- or deferral? Commissioner Diaz de la Portilla: No. RE.1 and RE.2, I want to have a conversation a little bit later today, if I may, Chairman. Chair Hardemon: Got it. Commissioner Diaz de la Portilla: 1 think that we need -- Chair Hardemon: So you want to remove it from -- Commissioner Diaz de la Portilla: I want to remove it from Mr. Noriega's motion -- Mr. Noriega's deferral list. Chair Hardemon: Okay. So, at this point is there a motion to approve the deferral of El -- I did hear El, right? Or DI (Discussion), I'm sorry. DI3, RE. 6, and PZ. I, 2, 3, and 4. Commissioner Diaz de la Portilla: Move it. Chair Hardemon: Properly moved. Vice Chair Russell: Second. Chair Hardemon: Second by the Chairman. Yes? Did someone interrupt? Okay, it's properly moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion carries. City of Miami Page 6 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 PUBLIC COMMENTS FOR ALL ITEM(S) 8007 DISCUSSION ITEM Office of the City Clerk PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE OCTOBER 8, 2020 VIRTUAL CITY COMMISSION MEETING. RESULT: PRESENTED Chair Hardemon: Okay. So what I would like to do now then is to open the floor for public comment. The members of the public have two minutes to address this body. You may state your first name, your last name, and you also may state your address and what item it is that you're speaking of. So at this time, we'll go to the live public comment. I hear that we have someone that is live, maybe at City Hall? Manuel Otero (Innovation and Technology Web Administrator): They're not speaking now. I think they're going to connect through Zoom later for the PZ (Planning and Zoning) items. Chair Hardemon: Okay. So you're going to go to recorded statements now? Mr. Otero: Yes. We're going to go to recorded. We don't have any live call backs either, so we're going to go straight to recorded public comment. Brian Alonso: My name is Brian Alonso at 1581 Brickell Avenue, Apartment 2207, Miami Florida 33129. I strongly support your approval of PH4, long-term lease for Dade Heritage Trust at 190 Southeast 12th Terrace. As president of Dade Heritage Trust from 2013 to 2015, I worked hard with the City of Miami to secure a long-term lease for Dr. Jackson's office. DHT (Dade Heritage Trust) saved this property in the 1970's and worked tirelessly to improve the building and the surrounding neighborhood for years. We needed a long-term lease on the property to give us surety of our continued investment in the property and the ability to apply for grants. We collaborated with Mayor Regalado extensively on this with his support. The final hurdle was to get voter approval which we accomplished in 2016. After the referendum, I was told by City of Miami Attorney's Office that they were preparing the long-term lease for us to sign shortly. Unfortunately, this is four years later. We're very happy that this is getting completed. As part of a family that has invested in Miami since 1965 and continues to invest in downtown, preserving our history and giving our citizens a sense of community is vital. Dr. Jackson's' office serves as an anchor for Brickell residents, and I look forward to seeing it there for many more years to come. Megan D.: My name is Megan (UNINTELLIGIBLE). My address is 3057 Day Avenue, Coconut Grove, Florida 33133. I'm speaking on Public Hearing Number 4 agenda item. This is related to the Dade Heritage Trust lease of their Brickell office location. Dade Heritage Trust is an important organization providing meaningful services to the Miami community. They've called Dr. Jackson's office in Brickell home for 44 years, and this Commission is voting on whether to renew their lease. I encourage the Commission to renew the lease and allow them to stay in their Brickell location. Miami Waterkeeper offers free educational programming in partnership with Dade Heritage Trust to schoolchildren across Miami -Dade County at this unique location. This Historic Places Green Spaces Program has reached hundreds of the students. It includes an introduction to Biscayne Bay, along the Miami bay walk, where students learn about the importance of the bay and participate in water quality monitoring City of Miami Page 7 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 exercises. And for some, this is their first experience with the bay. This is made possible by the physical location where Dade Heritage Trust has their office on Brickell Bayfront. So 1 urge you to please renew the lease so students can continue to have access to the bay and benefit from the experience of learning activities that are relevant to their environmental education. Thank you for the opportunity to comment. Lisa Poachman: Hi. My name is Lisa Poachman. My address is 186 Southeast 12th Terrace, Apartment 1503, calling in regards to renewal of the lease for the Dade Heritage Trust, in the former Jackson House belonging to the physician, Dr. Jackson, who was our first -- Miami's first physician. I want to say that am for renewal of the lease for multiple reasons. I understand the City is looking to sell the small piece of land to developers for a bigger return on investment. I feel like it's a relatively small piece of land, and perhaps there can be a larger return to investment to the City over time (UNINTELLIGIBLE) this small piece of cultural history to remain in the City. When we think about Brickell sort of being overdeveloped already, there's lots of property that's being developed at this point in time. That maybe keeping one cultural institution can allow the properties that are currently in the City to retain their value, you know. And you know, when I think about things that are special about this City -- or this neighborhood is that there is a connection also to the hospitals and Civic Center. And I think also knowing that there's a civic connection of the former Jackson House, I think that keeps --helps Brickell just be a desirable neighborhood to live in. And knowing that there is actually even a museum here -- the only museum in this neighborhood -- a small cultural institution. The building itself is beautiful with there being, you know, lots of different like plants surrounding it. You know and I think that just for general beautification of the City, maintaining value of the property surrounding the building, I think it's --there may be a better return investment for the City just keeping the building where it is and allowing the Miami -Dade Heritage Trust to renew their lease and keep this building which also provides tours, of Brickell, information about Brickell to tourists and things like that so it can be an attraction. John Snyder: This is John Snyder. I live at 3980 Hardy Avenue. I'm calling in regard to PH4. I would like you to give the lease to the Dade Heritage Trust. I'm calling to request that you grant the long-term lease for this --for the building and for the site where Dr. James L. Jackson practiced from 1914 until his death in 1924. Dr. Jackson initially came to Miami in 1896 as a newly licensed physician and surgeon and the first doctor in the County. He became a trusted and loyal friend of the first state health officer and organized the fight against epidemics, like yellow fever, dengue, smallpox, and measles. He advised the City Managers and Commission on public health and organized the Miami City Board of Health in 1914. Dr. Jackson was a founding member of the Dade County Medical Association and its president in 1905, 1912 and 1923. He was the president of the Florida Medical Association in 1905 and was an early advocate of continuing education for physicians. As an early member of the Southern Medical Association, he was elected to its presidency in 1911. Pro_fessionally,, he was not only the first physician in Miami, but clearly the leader of the medical profession. Dr. Jackson was a graduate of Emory University and received his medical training at Bellevue Hospital Medical College in New York. The office which sits on the site was constructed about 1905 and was moved to its present site in 1914 when Dr. Jackson was given a free lease on the property for life. An outbreak of yellow fever resulted in an emergency hospital being constructed on first (UNINTELLIGIBLE) -- Cindy Snyder: This is Cindy Snyder, 3980 Hardy Road. I'm calling regarding the Commission hearing October the 8th, 2020, Item PH.4. Great cities are places that honor their histories and their historic figures. The reverence for pride of place is at the heart of everything Dade Heritage Trust does, its mission. Today, our agenda -- on agenda is an item concerning Dade Heritage Trust continuance of its place in our city. Our city is not brand new nor is it especially old. Our modern beginnings only City of Miami Page 8 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 date back to the end of the 19th Century, when the Mathesons, Ralph Munroe, Julia Tuttle, Henry Flagler, Dr. Jackson -- for wham Jackson Memorial Hospital is named -- and many others forged the early settlements, the foundations of our present city. These courageous pioneering people selected on this area of natural wonders and accepted its challenges. In today's world, many of the top towns in the fields of science, medicine, business, the humanities and the arts may still wish to make Miami their home. These well-educated, highly regarded leaders in their fields are typically cognizant of the concepts of pride of place and reverence for one's history. Likewise, history demonstrates we must be suitably respectful of our history, both manmade and natural. Dade Heritage Trust has been and is an important leader in Miami. In that regard, our government has the opportunity to make a positive step in the continuance of that positive leadership by ensuring Dade Heritage Trust continued and sustained presence where Dr. Jackson had his office and where it has done its important work for Miami toward a positive image and its reputation. It would seem an ill-conceived and tragic misstep to do otherwise. History is important. Please -- Melissa Meyer: Hello, Commissioners. This is Melissa Meyer, of 3161 Ohio Street. The office of Dr. Jaynes Jackson -- in its current location in the heart of Brickell where it houses the Dade Heritage Trust -- is a living historic record that is representative of the dynamic contrast and rapid change in the scale and character of urban Miami. The voters of Miami understand that this building is what makes this Brickell neighborhood special. And I know that you will respect their will by approving the long-term lease of the Dade Heritage Trust in this location. Because you always do the right thing. Well, you often do do the right thing. 1 mean, 1 know you will do the right thing this time. Thank you. Alexa Novakoski: Hi. My name is Alexa Novakoski. 1 live at 1155 Brickell Bay Drive. And I am calling about Dr. James Jackson's historical building and the preservation of it. I just wanted to say that it's a beautiful building and I think that it brings so much to the community. I know personally for me it's been really beautiful. It's like part of my daily walk that I do twice a day. I always stop by that small book box. And I just think it bring its the community together. And it's so beautiful and it really matters, and especially in times like this, when people are separated and there's quite a bit going on. I know that that's something that's at the heart of Brickell and really brings people together. And I know us who live in Brickell really appreciate the building. And it's such a beautiful building with so much history. And I think it's something that is really important that you keep -- preserve and (INAUDIBLE) together. So that's my commentary on that. I hope you would consider preserving the building. We definitely don't need another cold, high-rise, and I think we do need -- allow things that add character and heart to Brickell. Thank you. . Michael Dever: Hello, everyone. My name is Michael Dever, and I live here in Brickell. For the past six months during the pandemic, I'm out almost every day picking up trash and a lot of people know me for that reason of trash picking up in the area. Behind me there's a building -- historical building that has been here a very long time and it's a 115-year-old building. But there's a motion out there to sell or to move this building and to sell the land to a developer. We don't need another condo or building in this area. As you can see, there's a lot of trees, vegetation here, a lot of people enjoy being around this area here. So please, Commissioners, do your job and make sure that this building stays where it is. Sign a long-term lease and stop any thoughts of trying to move this building. Thank you very much. Rita Dever: Hi. My name is Rita Dever, and I've had the privilege of living in Brickell for a little over four years now. I came from the Midwest; love the area and love this Brickell community. Here's my view from my very, own balcony. We have a lot of water, especially at the -- on the roads during certain times because there's a lot of concrete, but there's also a lot of tremendous charm and resources here at Brickell. And the one that I am hoping you will see as an investment is this historical building City of Miami Page 9 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 that is such a great resource. My visitors from the Midwest have a mindset of enjoying a destination with a piece of history and place that tells a story. They really enjoyed the museums. They've enjoyed walking tours, the displays. It's a really wonderful addition to our aesthetic and the character of this community. So I hope that you'll consider that. Also, as condo owners, we're concerned about adding any more concrete right here. Obviously, we're going to have another high-rise right here, but we're real concerned about our property values. And we're asking you to keep this little green space, a little garden where you could go and actually see a butterfly, and not sell out, but instead, promote this little gem and the visitor's center. And hopefully, more tourists will come, and they'll linger at our restaurants, and they'll spend time here. And it makes more of a rich experience of corning to this great community. Thank you. Carlos E. Zapata: Hello. My name is Carlos E. Zapata. I live at 1155 Brickell Bay Drive, Apartment 303, Miami, Florida 33131. 1 am a taxpayer. I'm a voter and I'm resident of Brickell for many years now. I urge you to lease the land that now -- 190 Southeast 12th Terrace to the Dade Heritage Trust. The building itself is a historic building that adds a lot of life and color, and it adds almost an experience to that area. It's an area that's been overdeveloped. There's too many gray, lifeless apartment -- empty apartment buildings in all of Brickell. This building adds a little bit of life to that area. Regardless of what it adds, it seems a little weird that even though we passed Resolution R-16-0348 to give DHT a long-term lease of the land, it has been ignored. 1 don't think that's right. We're voters. We did our due process as voters. We made our vote count and its being ignored from what 1 see. I think that's not very good at all. And overall, honestly, DHT is a nonprofit. It's trying to add something positive to the community. It's trying to better the area, inform people, give them ideas, give them information, show them the history of the place where we're living. Understand that a lot of people in Brickell don't come from Miami or from Florida, and being able to learn about their area, that's something that should be valued, not just here, but everywhere in this country of ours. If there's anything this area does not need is more empty luxury apartment buildings. It does not need -- it's going to create too much problems. It's not necessary. We should be focusing on trying to add history and experience to our areas, not useless buildings. Thank you for your time. Please consider leasing the land to DHT. Have a good one. Cynthia Moore: Hello. My name is Cynthia Moore. I live in 186 Southeast 12th Terrace, Miami, Florida 33133. I'm calling regarding the building Miami -Dade Heritage Trust. Yeah, I'm against to remove that lease from that property. That's the only location in the historic bay that we have around the community. And it will be a shame to lose it. So I'm against not renewing the lease. Thank you. Christina Aguilar: Hello. My name is Christina Aguilar. I live in 1155 Brickell Bay Drive, Unit 1108. I'm calling in regards to a petition to move the historic building in order to put in another high-rise. I oppose this. I think this will just lead to more traffic and more construction and making -- it's going to make our property values go lower. Thank you. Sean Ray: Hi. My name is Sean Ray. I am the owner of an apartment located at 186 Southwest 12th Terrace, right next to the Heritage Trust historical building. I wanted to leave a comment that I believe that the building should not be moved, that it is a landmark that has been part of our community for many years that we all enjoy looking at. I think moving it to a different location would take away the historical value of that building. And I don't agree with a -- another building taking its place going up to 48 floors would absolutely destroy the property values of the residents in Solaris, who have, at the moment, an unobstructed view to the Biscayne Bay. So I am opposed to this relocation of the historical landmark. And I appreciate if my comments can be heard in today's meeting. Thank you. If you need to contact me, my phone number is (305) 431-5001. Thank you. Bye-bye. City of Miami Page 10 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Mary Monroe Seabrook: Hi. My name is Mary Monroe Seabrook, at 3564 St. Gaudens Road in Coconut Grove, 33133. I'm calling about the vote for Dade Heritage Trust to keep its location in Brickell. 1 believe that it's very important that they keep the same location they've have had for many years and continue doing the good work and preserving Miami's historic places. It's so important that we preserve our historic places for future generations. I can't imagine Dade Heritage Trust moving to some office building out of the city center, where the history all began. So, please -- I support Dade Heritage Trust, our local history, and allow them to stay at their location in the Brickell area. Thank you very much. Joyce Nelson: This is Joyce Nelson, Coconut Grove resident. I'm calling about Item PH.4, Dade Heritage Trust. Dr. Jackson's office is an iconic symbol of Miami's history and the Brickell neighborhood and deserves to be preserved. First get a quote for what the land is worth and then a quote for moving the house and any repairs that will be needed. The land is only 600 square feet in size. What can be built on it? The visitor's center that Dade Heritage Trust operates at the building is accessible to the thousands of residents and workers on Brickell and to tourists staying in the area. Moving it would cripple its value as a visitor's center. Dade Heritage Trust has been an invaluable steward of the building and its history. They lovingly take care of the maintenance costs of about $30, 000 a year and provide all maintenance, upkeep, assistance and insurance. City -owned historic properties require proper upkeep and vision for consistent programming and use. Dade Heritage Trust is an excellent custodian. Selling the land to a private developer may provide a short-term gain, but the substantial cost for the relocation and fixing any damage of the 115-year-old building would sustain in the move, providing utilities at the new site, and future of ongoing maintenance would negatively impact the gain. The office is one of the very few low-rise buildings in the area and providesd much -needed alternative to the high- rise towers surrounding it with its historic architecture and green space. The voters spoke in 2016 approving a long-term lease for Dade Heritage Trust at 190 Southeast 12th Terrace. The will of the voters must be followed. Thank: you. Ricardo Roberts: Hello, my name is Ricardo Roberts. I live on 1155 Brickell Bay Drive. And I am very concerned that you are taking away a historic place like Dade Heritage. Please don't do it. It's the only thing historic that we have on Brickell. And well, I'm going to keep pushing with my Congress or my -- or whatever I have to do until we have a notice that this won't happen. So, thank you very much. Bye. Lucia Castillo: My name is Lucia Castillo. I live at Solaris Brickell Bay, Apartment 2102. I live next door to the Dade Heritage Trust, the only museum in Brickell. The address is' 186 Southeast 12th Terrace, Apartment 2102. I'm calling because I'm against taking away -- moving away that museum and building a 48-story there. If that happens, traffic will get worse in Brickell. If that happens, the view of my building will lose everything. And the units of Solaris at Brickell Bay will -- the price will go down. I didn't think it's appropriate for our neighbors to be in that process, a lot of negative things. I don't see nothing positive on building -- taking that museum away, and building something there of 80 -- 48 feet high. It is not good for our community, for our neighbors, traffic, too many negative stuff. Please don't take away the museum and put a building there. Help us. Thank you. Zulema Rivero: Hello. My name is Zulema Rivero. My address is 2121 Southwest 13th Avenue. My property is directly across from the subject address. The item I'm discussing here is PZ (Planning & Zoning) 6528, which is regards to the appeal filed by the Village Montessori School. Despite the owners of such said property saying that they have withdrawn this appeal indefinitely, therefore, this Item PZ 6528 should not be heard in front of the Commissioners at the October 8 meeting. Just in case, I would like to say the following: This entire process should not even be considered since the covenant executed in 2007 specifically states only original structure City of Miami Page 11 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Luminaire can go on these lots of land and must have been built by 2009, which has not happened. Other -- all -- otherwise all reverts to these properties becoming residential, back to residential, as opposed to restricted residential -- restricted commercial, I apologize. The other subject item is how can a daycare be considered -- how can this daycare be considered on these two lots -- and a certificate of use is pending -- when there is no realistic drop-off/pickup plan for the 186 students, when there is no realistic parking plan for the 186 students, parents, and staff and there's no realistic waste plan in place for the 186 students? Therefore, under no circumstances should PZ 6528's appeal be approved by our Commissioners, not only tomorrow, October 8, but ever. See records for the property's executed covenant of 2007. Thank you again and 1 wish you the best. Lorena Arnold: Good morning, Commissioners. My name is Lorena Arnold, and I have worked and lived in Brickell for over 14 years. And Summer Barbie and I, well, we plan to stay here for the rest of our lives. And we understand that you're voting today -- or actually proposing to move this beautiful Heritage cultural location to another venue, and I'm here to oppose this. We know that all great cities, they not only have a robust financial district, but they also have shops, and restaurants, green space, parks, and of course, some culture. So while I understand that we have some short-term deficit right now, I oppose moving this location because in the long-term our City, our neighborhood, still needs to celebrate our culture and make sure that we keep our City and neighborhood vibrant and interesting and beautiful. Thank you for voting no to the removal of this property. Thank you so much. Dimitri K.: Hi. My name is Dimitri (UNINTELLIGIBLE). 1 live at 1155 Brickell Bay Drive in Brickell. And 1 just wanted to send a little video to talk about the Dade Trust that you are discussing today. I know -- I look out my window right now and I see the tiny little plot of land that you are proposing to sell to a developer who says he's going to -- he or she is going to put up a 48 floor building. The first thing I'll say is, "A, it'll be the thinnest building on Earth. " It will be a complete eyesore for the other buildings surrounding it. Traffic will increase exponentially. But probably the most important thing is the Dade Trust is a beautiful oasis among a City of high-rises. It is a beautiful little home with beautiful trees around it. And amongst all the concrete and pavement, it is just a beautifid thing to walk by every single day ,which is what I do with my family. I think that tearing it down for a little bit of money is wrong. There is plenty of condo space in the City of Miami. As we know, everyone is moving down from the northeast and the north is going to single-family' homes. So the last thing we need in Brickell is another high-rise, where most of the new high-rises are half empty if not more. I love the high-rise living, but we have plenty of capacity for the people that are moving down here. I think it would be a huge mistake. It reminds me of the mistake that the town created just south of the Jade here at Brickell where they replaced the grass with AstroTurf, which was quickly replaced with real grass again. Sometimes when you try to do something to produce some good, it can have disastrous effects. I hope you change your minds and leave the Dade Trust where it belongs -- here in Brickell. Debbie Dolson: My name is Debbie Dolson. My address is 4205 Lennox Drive, Coconut Grove. And I would like to comment on PH.4. There are two possible outcomes for the property located at 190 Southeast 12th Terrace. Number one, to sell the property to developers for financial gain. Or number two, support the will of :your constituents, who voted in 2016 to enter into a long-term lease with Dade Heritage Trust. The short-term gain: sell out to hungry private developers eager to displace this historic building and its current tenants who represent the rich history of our City. The long-term loss: Dade Heritage Trust provides an important service to our City and its history. The hidden cost in securing a new location and the expense of moving this historically designated building would substantially lower the profit from selling this property. Selling this small, 6,000 square .foot lot would cripple Dade Heritage Trust's current operation on the site, eliminate a visitor's center and City of Miami Page 12 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 endanger the very existence of a tangible piece of Miami's history. In 2016, Miami voters approved a Charter amendment for the City of Miami to enter into a long-term lease which would provide a stationary place for Dade Heritage Trust to accomplish its mission. The choice is clear. This is not about a short-term money grab. It is about representing the voters in Miami and preserving our heritage. Please support the will of your constituents who voted to enter into a long-term lease just four years ago. Vote no on PH.4. Nathaniel Parker: My name is Nathaniel Parker. I live at 6225 Southwest 123rd Terrace, Miami, Florida 33156. I would like to comment on Public Hearing Item 4 with relation to Dade Heritage Trust's Brickell office location. Dade Heritage Trust is an important organization providing valuable services to the Miami community. We encourage the Commission to renew the lease and allow Dade Heritage Trust to stay in their Brickell location. Renewing this lease ensures that students will continue to have access to important environmental education related to the Biscayne Bay. For many students, this the first or only time that they get to interact with Biscayne Bay. This would not be possible without the Dade Heritage Trust's physical location along the Brickell bayfront. I urge you to renew the lease and I thank you for the opportunity to comment. Emil M Barrera: My name is Emil M Barrera. And I'm a homeowner and reside at 1252 Southwest 21st Street. Thank you for the opportunity to express my strong opposition to Village Montessori being granted a reversal of the Planning and Zoning Board's decision not to grant them a zoning exception for a preschool/childcare facility. When 1 attended the previous meeting in which the Montessori request was denied, they were less than forthcoming with realistic answers. For example, when asked about staff parking, their response was off-street parking. Specifically where this off-street parking can be found has remained unanswered. Quite a number of years ago, Southwest 21st Terrace between 12th and 13th Avenue was made one way going east. This was to address traffic -- this was to address complaints of heavy traffic which occurred because motorists did not want to wait for the traffic light where southbound 12th Avenue meets Coral Way. When school is in session at Coral Way Middle School, Southwest 13th Avenue is gridlocked before school starts and again at dismissal. Just ask the residents in the area. Don't forget the traffic generated by the United Way at Coral Way and 12th Avenue. At present, we on Southwest 21st Terrace and Southwest 21st Street are contending with plenty of unwanted traffic cutting through our streets to bypass the traffic light at 12th Avenue and Coral Way. When is enough enough? Can you imagine what dropping off 186 preschool children in inclement weather would be like? Even the families with small children in our neighborhood think granting Montessori this exception is a bad idea. I sincerely hope you agree. Maritza Barrios Pereira: Yes, my name is Maritza Barrios Pereira. I live at 1271 Southwest 21st Terrace, Miami, Florida 33145. And I am speaking on Item 6528, the Montessori school of which I am totally against this. We have a covenant that covers that corner there that states that if they did not build a -- the Luminaire building, that it will automatically, revert back to residential. Not only that, this school will impact negatively on the neighborhood and on the neighbors because of the traffic, the parking spaces. The project is too big for that corner, and I am totally, totally against it, not only I, but also, all the people around this area. We have complained, and we feel that this is an abuse to the citizens that live here. I bought a house in a residential area, and I want to keep my street a residential street. Thank you very much. Have a good day. Dolly McIntyre: My name is Dolly McIntyre. I have property at 2624 Taluga Drive in Coconut Grove. I'm calling to speak in favor of the lease for Dade Heritage Trust under Item PH4. Dade Heritage Trust has occupied and cared for this building for 44 years. And it's the highest and best use of that particular location. So please City of Miami Page 13 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 support what your voters told you to do four years ago and that is to provide a long- term lease to Dade Heritage Trust. Thank you. Daniel Burnhold: Hi. My name is Daniel Burnhold. And 1 live at 145 Southwest 13th Street in Brickell. First of all, thank you so much for the opportunity to give a public comment. I would like to discuss Public Hearing Item 4 because I strongly urge you to renew Dade Heritage Trust lease of the Brickell office location at Dr. Jackson's once. Dade Heritage Trust has called the office home for 44 years now, and Dr. Jackson's office is an iconic symbol of Miami's history. The Brickell neighborhood deserves to be preserved. The visitor's center that Dade Heritage Trust operates at the building is accessible to the thousands of residents and workers on Brickell and the tourists staying in the area. Moving it would cripple its value as a visitor's center. Dade Heritage Trust has done an incredible job with the building, providing all maintenance, upkeep, systems and insurance, totaling $30,000 per year. Selling this land to a private developer might provide a short-term cash gain, but the substantial cost for the relocation, for fixing any damage the 115-year-old building would sustain in the move, providing utilities at a new site and future ongoing maintenance would negatively impact that gain. The office is also one of the very few low-rise buildings in the areas and provides a much -needed alternative to the high-rise towers around it with its historic architecture and green space. Miami Waterkeeper offers free educational programming in partnership with DHT to schoolchildren across Miami - Dade County. In this program, students learn about the importance of the bay, and they even participate in a water quality monitoring exercise. For many of these students, this is the first time they've ever interacted with Biscayne Bay. This would not be possible without Dade Heritage Trust's physical location along the Brickell bayfront. Renewing this lease ensures that students will continue to have access to important hands-on environmental education related to Biscayne Bay. Thank you so much again for the opportunity to comment. I strongly urge you to renew this lease. Have a nice day. Katherine Arty: Hello. My name is Katherine Arty. And I live at 186 Southeast 12th Terrace, Apartment 1009. I am leaving a message about the renewal of the Dade Heritage Trust lease. I'm asking that the Dade Heritage Trust have their lease renewed at their current location on Brickell Bay Drive and not for the -- and to not sell the land. Selling this land is a short-sighted move. Brickell has more than enough condos but very few historic cultural buildings. It is very sad to see that we are willing to damage this treasured building and potentially risk its listing in the National Register of Historical Places. We should be protecting these institutions, not tearing them down. Adding another building will add more traffic and pollution to an already congested area and a fragile ecosystem. Lastly, in 2016, the people voted to provide a long-term lease for the Dade Heritage Trust in that building and at that site. It's disheartening to see that in an election year when we are tiying to get more people to participate that our politicians are not listening and respecting the voice of the people. Thank you. Sarah Cody Adelman: Hello, Commissioners. This is Sarah Cody Adelman; address, 1505 Northeast 105th Street, in Miami Shores. I'm speaking on Item PH.4. As I mentioned, I live in Miami Shores, but in 2016, I was a resident of the City of Miami and I personally voted to allow the City to extend the lease agreement for Dade Heritage Trust and allow them to stay in the historic building that has served as their headquarters for the last 44 years. I respectfully urge you to please approve what your residents voted for. Dade Heritage Trust is a huge asset, not just to the City of Miami, but to the Brickell community. They serve as a visitor's center. They offer tours. They're the only museum in Brickell. They're also Miami's only designated bike - friendly business. They have an award winning free educational program, and they're a hugely important partner for many agencies, such as Miami -Dade County, the City of Miami, and the Visitor Convention Bureau. And from a historic preservation perspective -- because I'm the historic preservation chief for Miami -Dade County, City of Miami Page 14 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 though Pm providing comments on my own behalf, not on behalf of the County -- moving a historic building is not as simple as it may sound. There's a lot of questions about who would finance that? Who would pay for the move? Who would pay for any damage done to the building during the move? Who owns the parcel where they move to? Does the parcel need to be purchased? Who's going to pay to lay a new foundation, to set up utility connections? I truly believe that the long-term gain of keeping Dade Heritage Trust in their Brickell community greatly outweighs the short- term benefits of selling the lot to a developer. Please respect what the residents voted for and approve the lease for Dade Heritage Trust. Thank you. Iris Guzman Kolaya: Good morning. My name is Iris Guzman Kolaya. I'm a proud lifelong resident of the City of Miami. I currently work as a writer and researcher looking into the history that we have here in South Florida and the stories and the people that make up our incredible past. I'm sending this video to you today on behalf of the Dade Heritage Trust in connection with their efforts to keep their lease at their current location. I think what we all need to recognize is the home of Dade Heritage Trust is not only architecturally and historically significant because of the structure, but it also has everything to do with its location. The two go part and parcel -- if you excuse the pun -- together. And that's a really important piece that I think we need to remember that that location, that site is such a great reminder. It's a physical testament to how far we've come as a community. And unfortunately, we don't have enough of those physical reminders here in South Florida, which makes what we have with the Dade Heritage Trust all that much more remarkable and special. So 1 would urge Commissioners, as you make decisions about our future, please don't forget about our past. Thank you so much. Christine Rupp: Christine Rupp, 190 Southeast 12th Terrace, Miami, 33131. Good morning, Commissioners. As executive director of Dade Heritage Trust, I'm speaking on Item PH.4, the approval of the Dade Heritage Trust long-term lease with the City of historic building here at 190 Southeast 12th Terrace, where we've operated for the last 44 years. In 2016, the voters of Miami approved a long-term lease for Dade Heritage Trust in this location, and it's just coming to you now for final approval. The building is the last piece of real history of Miami in the Brickell neighborhood and should remain in its current location. For 44 years, we have lovingly cared for your historic asset, our office, the original 1905 office of Dr. James Jackson. Our caring costs inwards of about $30,000 a year here. We pay for insurance, exterior and interior maintenance, all systems, the systems upgrades, landscaping improvements, and of course, hurricane protection. The Greater Miami Convention and Visitors Bureau and the Miami Downtown Development Authority -- of which you are the current chairman, Commissioner Reyes -- partner with us on many initiatives, including Dade Heritage Trust operation and this building as an official visitor's center. Open seven days a week, we welcome residents and visitors from around the globe who are attracted to our lovely wood frame historic building and our beautiful botanical native garden right here in the middle of Brickell. We provide information about tourism, tours, transit options, and cultural destinations around Miami. We present wonderful exhibits, and we also currently have a wonderful K through 12 free educational program that introduces students to our building, the Miami baywalk, and the area City parks. Everything we do at this building promotes the City of Miami and educates residents, visitors, and students about the importance of preserving the cultural, environmental, and architectural heritage of our diverse and dynamic city. We are very proud to call this building our home and wish to remain here. Please follow the will of the voters and approve our lease. Support our good works that benefit the City, and its residents and allow us to continue to care for and promote this beautiful historic asset where it sits today. Thank you. Leah Shadel: Hi. My name is Leah Shadel (phonetic). I am calling in regards to Agenda ATumber PH4, 7611, regarding the bid waiver .for Dade Heritage Trust. I am a resident of Brickell. My address is 1153 Brickell Bay Drive, Miami, Florida 33131. City of Miami Page 15 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 My building where we own our condominium is across the street from the Dade Heritage Trust. And I'm writing to ask you -- or I'm calling to ask you to please extend the lease to the Dade Heritage Trust. This is a really important piece of our Miami history. And the last thing we need in our neighborhood is another high-rise building. To sell this land to a developer would only contribute to the overcrowding traffic, environmental degradation, and congestion in the area. So I would please urge you to extend the lease with the Dade Heritage Trust in accordance with what Miami residents voted for a few years ago. Thank you. Holly Baker: Hello. My name is Holly Baker. I live at Solaris at Brickell Bay, 186 Southeast 12th Terrace. I am calling in regards to the Dade Heritage Trust. I am wanting just to share that I think it would be a huge mistake to sell or move the Trust building, sell the property to a developer, and develop a high-rise. 1 read that it could go up 48 floors. This little, tiny area is already so congested with so many people. You've got the club adjacent to us. There's a parking lot which apparently is going to be developed within the next couple years, we hear through the grapevine. The Trust is a really -- it's just a really endearing spot to have a little piece of history in Brickell. I couldn't even imagine a high-rise going up on that small little plot of land. It would just be so cumbersome, such a mess. I think it would be a huge disservice to this area, not to mention obstructing the views of the residents that have been living in Solaris for many years. Thank you. So I'm opposed to this idea. Thanks. Kevin Marshburn: Hi. My name's Kevin Marshburn. 1 live at 1155 Brickell Bay Drive. And 1 am calling in support of the Dade Heritage Trust. 1 think it would be very shortsighted for the City to sell that historical piece of property for financial gain on an already crowded street and neighborhood and lose a real piece of neighborhood character there. And 1 think it also would go against the wishes of all of the immediate residents in that area that I've talked to. So I would strongly oppose the idea of selling that historic site and building another high-rise, which we definitely don't need in the Brickell Bay area. Thank you. Emily Yaeger: My name is Emily Yaeger. And my address is 285 Sunrise Drive, Key Biscayne. I would like to speak on Item 4, related to the Dade Heritage Trust lease of their Brickell office location. Today I would encourage the Commission to renew the lease and allow the Dade Heritage Trust to stay in their Brickell home. Dade Heritage Trust is an important organization, providing valuable services to the Miami community, including free educational programming in partnership with the Miami Waterkeeper. Through this programming, students learn about the importance of the bay and protecting it. Renewing the Dade Heritage Trust lease ensures that students will continue to have access to important hands-on environmental education related to Biscayne Bay and also ensure that the historical site will not be torn down in favor of a newer building, which in being built could itself contaminate the bay. I urge you to renew the lease to ensure the longevity of this organization which has so positively impacted our community. Thank you so much for the opportunity to comment today. Kelly Cox: Hello. My name is Kelly Cox; address is 2103 Coral Way, second floor, Miami Florida 33145. I'm calling today on behalf of Miami Waterkeeper to speak on Public Hearing Item 4, related to the Dade Heritage Trust lease at 190 Southeast 12th Terrace. Miami Waterkeeper is an educational programming partner of Dade Heritage Trust. And their location in the Brickell area, their historic headquarters is really critical for us to be able to enact educational programming. We work with Dade Heritage Trust to provide field experiences to students from all across Miami - Dade County for free to -- near Biscayne Bay along the Miami baywalk. Through this program, the students learn about the bay's environmental significance. They preform water quality, exercises, and they get experiential field learning. For many of these students, this is their first interaction with Biscayne Bay. And it's so important to have the access to the water in this Brickell location to allow .for this educational programming to move forward. I'd like to urge this Commission to approve Dade City of Miami Page 16 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Heritage Trust's lease at the building they've occupied, for 44 years. They're truly a pillar of our community, and it has been Miami Waterkeeper's great pleasure to work with this incredible organization. We encourage you therefore to renew the lease and support Dade Heritage Trust in the services that they provide to our community. Thank you very much. Ashley Campbell: I am Ashley Campbell, and I live at 6630 Southwest 57th Avenue in South Miami. I'm speaking on Public Hearing Item Number 4. I encourage the Commission to renew the lease for Dade Heritage Trust. They are not only beneficial for tourists, but also residents. Dade Heritage Trust provides free educational programming and green space programs that introduce students to Biscayne Bay. Renewing this lease will ensure that students continue to have access to environmental education, which can inspire careers to help further the fight for better water quality and climate change in the bay. The substantial cost for relocation and short -terra cash gain from a private developer are not worth more than the benefits of inspiring future generations. So I again urge you to renew the lease. Thank you for your time. Rachel Silverstein: Hello. My name is Rachel Silverstein, and I'm the executive director in Waterkeeper, a local nonprofit. Miami Waterkeeper -- our address is at 2103 Coral Way. I want to speak you today about an issue that is not a typical Miami Waterkeeper issue but is extremely important nonetheless and directly affects one of our partner organizations, the Dade Heritage Trust. The Dade Heritage Trust has called the Dr. Jackson office in Brickell home for 44 years. And they run extremely important programming and community partnerships out of that office. And it's not only a place to host programming, but it is an educational experience just to visit itself We have -- in particular with Miami Waterkeeper -- our historic places green spaces program, where we have introduced hundreds of students to Biscayne Bay and the Miami baywalk by visiting the Dr. Jackson office with Dade Heritage Trust. We hope that they can continue to have this important hands-on educational experience in this very important historical location. And please renew their lease to ensure the continuation of this wonderful community focused organization. Thank you so much. Natalie Bryce: My name is Natalie Bryce. I live at 6566 Southwest 52nd Terrace. I would like to speak on Public Hearing Iteni 4 regarding the Dade Heritage Trust lease of their Brickell office location. The Dade Heritage Trust has occupied this location for 44 years, and they have been directly involved with Miami Waterkeeper to promote environmental awareness and education to students in Miami -Dade County. A lease renewal would allow these students to have continued access to important hands-on education opportunities related to Biscayne Bay. Such opportunities allow the students to get directly involved and invested with water quality monitoring and learn about the important body of water that is right in their backyard. This is an incredibly important way to foster a sense of environmental awareness and to educate the next generation of climate informed students. I strongly encourage a renewal of the lease in Brickell. Thank you for your leadership and for giving me the opportunity to speak today. Nikosi Muse: Hi. My name is Nikosi Muse. I am a doctoral student. My address is 50 Biscayne Boulevard. I'm making this public comment today because I have some genuine concern about the dilemma that the Dade Heritage Trust currently faces. I genuinely believe that the Dade Heritage Trust is a gem to the Miami community because it provides essential services and important services to those within the Miami community and those outside of the Miami community. Now, I could understand -- or it would be one thing if the Dade Heritage Trust was just a landmark building. But besides the fact that it is the former office of Dr. James Jackson, it also provides important services to the City of Miami. Some of these services align with missions that organizations such as the Miami Waterkeeper have, which are essentially to protect the best interests of the people of Miami and its resources for City of Miami Page 17 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 over 20 years now. So with, I genuinely do not understand why uprooting the Dade Heritage Trust would be a good thing when it educates people on topic that have been largely a part of public hearings, such as Biscayne Bay, for some time now. I ultimately believe that in the long run ensuring that the Dade Heritage Trust remains in the City of Miami or in Brickell would ultimately save the City of Miami money in the long run and he more beneficial. I believe that uprooting the Miami -Dade Heritage Trust would be more harmful than beneficial, and I believe that extending the lease would be essential and important to the people of Miami. So with that, again, I strongly urge you to renew the lease because I believe that it would be more beneficial to the City of Miami and its people than harmful. Thankyou. Donna Shelley: This is Donna Shelley. My address is 7000 Southwest 80th Street, Apartment 102, Miami, 33143. And I'm calling regarding Dade Heritage Trust and the land beneath this historic building. 1 am requesting that you leave the building right where it is, as the public has intended. Again, it's Donna Shelley, from 33143. Thank you. Maria Ruiz: Good morning. My name is Maria Ruiz. I'm a resident of the Brickell area in the City of Miami, and I'm president of the Board of Directors at The Mark on Brickell Bay condo, on Brickell Bay Drive. As I understand it, in 2016, the Miami voters spoke and amended the City Charter for the City to enter into a long-term lease so that the historic Jackson office on the corner of 12th Terrace and Brickell Bay Drive could remain right where it's been for over a hundred years. It's been four years with no lease. 1 understand the City met two weeks ago to discuss this issue and that the Commission is considering not renewing the lease, and instead, moving the house, selling the land, and making way for new development in that space. Speaking for myself 1 oppose such a move. A new development in this area would create more traffic congestion in an already congested area. Moreover, the people of the City of Miami have spoken on this issue. They want the Jackson office to stay right where it is. As of this video, more than 85 residents in my building have signed a petition that asks the Commission to follow the will of the people and renew this lease. As of this meeting, we will have submitted that petition to you, and shortly, there will be even more signatures on it. We ask that you renew the lease and follow the will of the people. Thankyou. Susanne Doblecki Lewis: Greetings, Mr. Mayor, Mr. Chairman, Commissioners. My name is Dr. Susanne Doblecki Lewis. I'm Associate Professor of Clinical Medicine for the University of Miami Miller School of Medicine at 1120 Northwest 14th Street, in Miami, 33136. I am the University of Miami lead for the NIH (National Institutes of Health) Coronavirus Prevention Network and the site principal investigator for the Moderna COVID-I9 vaccine trial. I am speaking today in favor of Item RE.8. As you know, the COVID-19 vaccine effort requires setup and execution of large clinical trials in an unprecedented timeframe. Practically speaking, this means that we are pushing the physical limits of available space in our clinical research units. The Federal Government, through Operation Warp Speed, has provided the trailer to allow additional space for enrollment and follow-up of COVID-19 vaccine participants. The University of Miami has been very, successful in bringing in participants representative of the diversity of Miami and in preforming high -quality clinical research in this important area. This resolution will allow us to use the government provided trailer located at 1950 Northwest 7th Avenue to have additional space that is critical to our ability to carry out these trials and to ensure that the people of Miami are well represented in these important studies. Thank you for your consideration of this request. I am happy to answer any questions that you may have. Please do not hesitate to reach out for discussion. Thank you. Sabrina Velarde: Hello, Commissioners. My name is Sabrina Velarde. I'm speaking on behalf of Miami Homes for All. Our address is 1951 Northwest 7th Avenue, Miami, Florida 33136. I'm speaking today in support of Item PH.4, (INAUDIBLE) our City of Miami Page 18 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 partners at Dade Heritage Trust Miami. Miami Homes for All is a proud partner of Dade Heritage Trust. We believe that they provide an immeasurable value to Miami and specifically to the Brickell area. Moreover, their home is an iconic symbol of Miami's history and is representative of the small-scale buildings we continue to see in Miami's neighborhoods today. We ask that this Commission approve this resolution so that this excellent organization could continue its work on behalf of our community. Thankyou. Alejandro Abreu: Hello. My name is Alejandro Abreu (phonetic). I live in 186 12th Terrace, Miami, Florida 33131. And I'm calling regarding the renewal of the lease of the Dr. Jackson museum, or now that Dade Heritage Trust has their offices. I found out that the lease of this building is not going to be renewed. In 2016, I voted in order to make a longer lease for this facility, and 1 would like to support that it keeps that way. This is the only museum we have in the Brickell area. And if this is moved, it can create a lot of damages. 1 don't believe it will stay the same. And also, the space over there is very small to create another building, high tower, so this is something that we must preserve. (INAUDIBLE) what the voters wanted in the 2016 election regarding this topic. So I hope you guys honor us as voters and to renew the lease for the Dade Heritage Trust for long term, as agreed in the election. Thank you very much. Terence Tennant: Hello. This is Terrence Tennant. I live at 186 Southeast 12th Terrace, in Miami, Florida 33131. I wanted to comment on the Dade Heritage Trust and the doctor's house, which was the first doctor in Miami. 1 would really appreciate keeping this house located where it is with the heritage that it has. And please renew its lease for a long time to come so that other Miami -Dade and Brickell residents may enjoy this beautiful scenic historical place. Thank you. Bye. Charles Loredo: Hello. This is Charles Loredo. I reside at 1004 Southwest 16th Avenue. I am speaking on behalf of the Dade Heritage Trust lease issue. I am in favor of the City finally finalizing a lease. This was approved by the voters by referendum on -- in a Charter amendment back in 2016. I don't understand why it hasn't been done yet. This is an association that protects all of us here in Dade County; protects our heritage, protects our history, of which we have very little. So, again, I'm speaking in favor of finally executing the lease for the Dade Heritage Trust building in the Brickell area. Thankyou. Where it exists now. Luis Herrera: My name is Luis Herrera, president of Vizcaya Homeowners Association, 1181 Southwest 22nd Terrace. I'm calling respect to PZ (UNINTELLIGIBLE) for the Montessori school. I'm against it because the Montessori school, they don't have no parking for the customer, no parking for the employees. I don't know why they going to give a permit to open the school when they don't have the right thing to have a school in that particular corner. Thank you. And again, that school in that particular area where the quality life of the people is in danger. Thank you. Vittorio Parravano: Hi. My name is Vittorio Parravano. I am a student at Florida International University. And I have a project on -- I have to report on a newsworthy event, and I have chosen the City Commission meeting taking place on October 8. I stay at 8518 Northwest 114th Court, in Doral. And I was wondering if you could call me -- if anyone can reach out back to me at this number, which is 786-329-0622, or at my email, vittorio20011@hotmail.com, in correspondence to (INAUDIBLE) have to set up with two board members as part of my project. I will be watching the meeting tomorrow to identify and (UNINTELLIGIBLE) contact information on the City website. So I was wondering if I could get maybe like a phone number or an e-mail so I could set up a couple questions that I have for any members that are willing to (UNINTELLIGIBLE) me. Thank you. Have a good day. Goodbye. City of Miami Page 19 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Vittoria Tallarico: Hi. It's Vittoria Tallarico, and my address is 1155 Brickell Bay Drive. It's Miami, Florida, Unit 1504. And I am calling regarding tearing -- or relocating the historical site in Brickell. I think it's a terrible call. And 1 think that our City has already lost everything that was historical about it. The traffic will be a nightmare. And we really don't need to see any more high-rises built on such a small piece of property. Thank you. Claudia De Rosario: Hello. This is Claudia De Rosario. I live in 1155 Brickell Bay Drive. And I'm calling opposing the removal of the monuments. We have already so much traffic in Brickell, so we don't need another building. Thank you. Rodrigo Padron: Hi. My name is Rodrigo Padron. I live in 1155 Brickell Bay Drive. I'm calling because I don't think that the monumental building here, the medical one, should be destroyed. You know, I would like to preserve that part of history; wouldn't want it, you know, demolished. Also, besides from that, the traffic it'll cause, and also, it's such a small space that you really can't -- you know? -- work with that. But yeah, definitely, I really hope you guys don't destroy it and really preserve it because it is obviously history. All right. Thank you. Hope you respect what I say. Sydney Gangiss: Good morning, Mayor and Commission. My name is Sydney Gangiss (phonetic). My address is 2263 Southwest 37th Avenue, in Miami. And the item number I would be talking about is 4. I just think this is really important because I'm a student at RSMAS (Rosenstiel School of Marine and Atmospheric Science). And students learn about the importance of the bay, and they even participate in a lot of the water quality monitoring. And to me and my students, this is a very important and eye-opening opportunity. I just wanted to thank you for the opportunity to comment. Thank you. Have a good one. Sarah Taylor: My name is Sarah Taylor. I reside at 601 Northeast 23rd Street, in Miami Florida 33137. I would like to make a public comment for Public Hearing Item 4 regarding Dade Heritage Trust's lease of their Brickell office location. The Dade Heritage Trust is an important organization providing valuable services to the Miami community. Miami Waterkeeper offers free educational programming in partnership with the Dade Heritage Trust to schoolchildren across Miami -Dade County. Students here have the opportunity to learn about the importance of the bay and participate in water quality monitoring. This could not be possible without Dade Heritage Trust's physical location along the Brickell bay front. Renewing this lease ensures that the students will continue to have access to important hands-on environmental education related to Biscayne Bay. I encourage the Commission to renew the lease and allow Dade Heritage Trust to stay in their Brickell location. And I thank you for the opportunity for this public comment. Erica Mullen: Hi. My name is Erica Mullen (phonetic), and my address is 628 Zamora Avenue, Coral Gables. I am providing this testimony in support of Dade Heritage Trust maintaining their long-term lease on the Dr. James Jackson House at 190 Southeast 12th Terrace, in Brickell. Dade Heritage Trust provides a vital service for Miami -Dade by advocating for cultural preservation and educating the public on tangible and intangible history of the area. This service allows Miami to retain those parts of its past that make it unique, which in turn spurs tourism to the area. The house they occupy furthers that mission and allows them to provide educational outreach, as well as acting as a resource for visitors. In addition to the house providing a working space for Dade Heritage Trust, as well as a visitors' center, the history and architecture of the building make it a rare early survivor that reflects Miami's past. As the house of Miami's first doctor, the house provides a link to the earliest days in Miami and provides an educational opportunity for people and groups to learn about that past. Additionally, the house retains a high degree of integrity, with the (INAUDIBLE) roof triangular (INAUDIBLE) entry, and simple supporting columns. The house is a rare surviving example of this style in the area, City of Miami Page 20 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 and as such, needs to be maintained (INAUDIBLE). The citizens of Miami have already given their support for Dade Heritage Trust maintaining a long-term lease on the house. To break with that decision would be a violation of the trust the citizens placed in their government. Thank you for your time. Alexandria Blake: Hello. My name is Alexandria Blake, and I am a resident of Miami. Today, I'm calling in relation to Item 4. I'm making this phone call today to ask the Commission to vote to renew the lease and grant Dade Heritage Trust to stay in the Brickell location. This organization does many valuable sources to the community. One such issue is the -- is that educational programs would be lost if the lease was not renewed. I have worked as a teacher for children through substituting for many years and believe that it's highly important to take part in educating the public and those around us. Again, 1 ask the Commission today to please vote to renew the lease. Thank you for your time. Vera Hochberg: Hi. My name is Vera Hochberg. I live at The Mark, 1155 Brickell Bay Drive, Apartment 1911. And I'm making this video to save the Miami -Dade Heritage Trust. I am making this video from rnv balcony of The Mark. And I'm going to show you the Miami -Dade Heritage Trust (INAUDIBLE) little house surrounded by (INAUDIBLE). (INAUDIBLE). And that's the only oasis among all these high-rises. So, please, let's save Miami-Dade's architectural, cultural heritage and beauty from the past. Thank you very much. Maria Batista (As translated by Mariana Campos, Official Spanish Interpreter): Good morning. I'm the Spanish interpreter. I'm Maria Batista. 1 live at 35th Street, Miami, Florida 33127. 1 would like to express my opinion and say that I don't agree with building the expressway because I don't want to sell. I'm old. 15n 75 -- I'm 76 years old, and I would like to stay in my house. That's my opinion. Okay, thank you. Chair Hardemon: All right. Thank you very much. There isn't any more public comment, correct? Mr. Otero: Yes, there's one person that's -- would like to speak from the attendee list. Chair Hardemon: Okay. Mr. Otero: Okay, Ms. Cox, you're live. Ms. Cox: Good morning, Commissioners. Can you hear me okay? My name is Kelly Cox. I'm the general counsel with Miami Waterkeeper. We're a local nonprofit that's dedicated to protecting South Florida's watershed. Today, I'd like to speak in favor of Commissioner Ken Russell's pocket item related to increased enforcement on construction sites for excess sedimentation that's entering our bay. Biscayne Bay is experiencing a decline right now, and that decline is being made worse by a variety of different pollution inputs. Sedimentation and runoff from construction sites is just one pollution input. And we are hoping that this additional measure that would allow the building manager -- the Building Director and the Building Department to issue stop work orders and to issue fines and things like that would really help with increased enforcement when we do see pollution occurring in real time and would allow us to swiftly intervene to curtail that pollution. So, today, I'd like to voice Miami Waterkeeper's support of this item, and we encourage you to help it move forward. Thank you. Chair Hardemon: Okay. All right, everyone. City of Miami Page 21 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 MV - MAYORAL VETO(ES) NO MAYORAL VETOES There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. Chair Hardemon: Are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Hardemon: Okay. END OF MAYORAL VETO(ES) City of Miami Page 22 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla ABSENT: Carollo, Reyes CA.1 RESOLUTION 7785 Department of General Services Administration A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED ON JANUARY 27, 2020 PURSUANT TO INVITATION FOR BID ("IFB") NO. 1141381 FOR THE PROVISION OF PAINT ON AN AS -NEEDED BASIS FROM LANCO & HARRIS CORP., A FLORIDA PROFIT CORPORATION ("LANCO"), THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE CITY OF MIAMI'S GENERAL SERVICES ADMINISTRATION ("GSA") FOR AN INITIAL PERIOD OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM GSA GENERAL ACCOUNT NO. 05001.242030.546000 AND SUCH OTHER FUNDING SOURCES, 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 OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0308 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.l, please see "End of Consent Agenda." City of Miami Page 23 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 CA.2 RESOLUTION 7845 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), VACATING, DISCONTINUING, AND ABANDONING A PORTION OF THE NORTHERN SIDE OF NORTHWEST 28TH STREET WEST OF NORTH MIAMI AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, CONTAINING APPROXIMATELY 500 SQUARE FEET; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PURSUANT TO SECTION 255.22, FLORIDA STATUTES, IN FAVOR OF PRH NW 28, LLC, A FLORIDA LIMITED LIABILITY COMPANY, THE SUCCESSOR -IN -INTEREST OF THE ORIGINAL DEDICATOR. ENACTMENT NUMBER: R-20-0309 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see "End of Consent Agenda." CA.3 RESOLUTION 7939 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO OBJECTION AND SUPPORTING THE CO -DESIGNATION BY THE FLORIDA LEGISLATURE, PURSUANT TO CHAPTER 2020- 185, FOR THAT PORTION WITHIN THE CITY OF MIAMI'S LIMITS OF SOUTH DIXIE HIGHWAY/STATE ROAD ("SR") 5/UNITED STATES ROUTE 1 ("U.S. 1") FROM BROOKER STREET TO SR 9A/INTERSTATE 95 ("1-95") NORTHBOUND AS "HARRIET TUBMAN HIGHWAY", MIAMI, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. ENACTMENT NUMBER: R-20-0310 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.3, please see "End of Consent Agenda." City of Miami Page 24 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 CA.4 RESOLUTION 7818 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF BEN BOBILLO, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $34,000.00, INCLUSIVE OF COSTS AND ATTORNEYS' FEES, AS FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS, AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, 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 FROM THE INTERNAL SERVICE FUND, INDEX CODE NO. 50001.301001.524000.0000.00000 AND OF INDEX CODE NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-20-0311 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.4, please see "End of Consent Agenda." END OF CONSENT AGENDA Chair Hardemon: Do we have quorum? Yes, we do, okay. All right. So let's start to move some agendas then. Is there a motion to approve the CA (consent agenda) agenda? Commissioner Diaz de la Portilla: One second. Vice Chair Russell: So moved. Commissioner Diaz de la Portilla: So moved. Chair Hardemon: Moved and seconded. Any discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 25 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 PH - PUBLIC HEARINGS PH.1 RESOLUTION 7805 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), TRANSFERRING COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS IN THE AMOUNT OF $1,574,636.20 AS WELL AS THE AMOUNT OF $99,820.80 FROM THE PREVIOUS YEAR'S PROGRAM INCOME, FOR A TOTAL AMOUNT OF $1,674,457.00, FROM THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ("DEPARTMENT") TO THE AGENCIES SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING BUT NOT LIMITED TO AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0312 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Chair Hardemon: Okay, in regard to PH.1, the CDBG (Community Development Block Grant), has the dollar amounts been clarified? I know that there was a mistake that was entered on the record. Commissioner Diaz de la Portilla: Which was a mistake? Chair Hardemon: Well, it was within my allocation of that. So, I need someone from the City Manager's office or -- to clam whether or not they made those amendments or (UNINTELLIGIBLE) do that on the floor. Is George here? If not -- Arthur Noriega (City Manager): We're going to get George or Sandy on in two minutes. Yeah, give us a quick second. Chair Hardemon: Because I'm going to move -- Commissioner Diaz de la Portilla: I also -- Mr. Chair? Chair Hardemon: Yes. Commissioner Diaz de la Portilla: I also had a question I asked yesterday in my, briefing. There were two new agencies in the organization that were being funded, and I wanted to know the names of those organizations. I asked the City Manager yesterday. They were going to get back to me with that; they haven't. Mr. Noriega: There was an e-mail sent out. City of Miami Page 26 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: We had a very, late briefing last night, so we -- I know they probably had (UNINTELLIGIBLE). Mr. Noriega: There was an e-mail sent to you, Commissioner. Let me see if 1 can get access to it. Commissioner Diaz de la Portilla: Where, today? Mr. Noriega: Let me see. Yes, yes, yes. Commissioner Diaz de la Portilla: I just have all these e-mails from the Dade Heritage Trust on the issue that I can't get to it. Did you find it? Mr. Noriega: Looking for it. There we go. . Manuel Otero (Innovation and Technology Web Administrator): Someone has feedback. You might want to check. Mr. Noriega: Yeah. So, it was sent last night, I think at seven. Commissioner Diaz de la Portilla: I have it. Mr. Noriega: (INAUDIBLE) allocation, (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: I have it. Mr. Noriega: Okay. Making sure your answer got -- question got answered. Commissioner Diaz de la Portilla: Yeah, yeah, okay. Okay, that's fine. Chair Hardemon: Mr. Mensah. Commissioner Diaz de la Portilla: (INAUDIBLE) pending --- George Mensah (Director, Community Development): Yes. Chair Hardemon: Have you substituted the changes that were supposed to have been made? Because there were some things that were not correct when I last saw it. Mr. Mensah: Yes. We -- good morning. George Mensah. I'm director of Housing and Community Development. Yes, I did speak to James. The changes we were asked to make, we did make them. However, when we did the initial allocation, there was an error in the Excel calculations. And so James wanted me to ensure that the agencies are getting a lot more money than they got last year, and that those ones that you have asked that we move were already moved out. And so you have -- yeah. Chair Hardemon: You're speaking really low. So clarify then, where can I find the changes that were made? Mr. Mensah: If you look at -- because of the fact that we are not able to break them out in districts, you cannot see. But if you look at the original one that we sent you, Liberty City Optimist already had 67,000, and then you had Multiethnic, 37,000. You asked us to provide the Multiethnic 37,000 and give it to De Hostos -- no, the (UNINTELLIGIBLE) -- to put the FANM (Family Action Network Movement) Network, 32,000 (UNINTELLIGIBLE). And give that to De Hostos. And then you asked that the 37,000 from Multiethnic goes to the Liberty City Optimist. However, we had already had your allocation higher than what it should be. So what we did was City of Miami Page 27 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 we were up by more than $30,000, so we took that off from the Liberty Optimist so that they now have 70,000. Commissioner Diaz de la Portilla: I'm not -- I'm sorry, Mr. Chair. I can't hear him. Chair Hardemon: Well, I have problems hearing. Commissioner Diaz de la Portilla: Yeah, I'm seeing a lot of money being moved. So I'm hearing parts of it, and I really want to hear this. It's very important. So, Mr. Mensah, if you could speak up. Mr. Noriega: Is there any way --? George. Mr. Mensah: Yes. Mr. Noriega: Is there any way you can put something on the screen to create a visual for them to augment your verbal presentation? Mr. Mensah: Yes. Mr. Noriega: Because it would help them see it. Mr. Mensah: Let me see. Mr. Noriega: 1 think it might just make things easier for you guys to understand it. Commissioner Diaz de la Portilla: Because -- yeah, I agree, Manager. Mr. Chair, if we're going to move any money from one place to another, let's make sure we take it out of Commissioner -- District 2, Commissioner Russell's budget and shift it to us. But make sure that Allapattah -- poor Allapattah doesn't get anything. And for the first time since I've been here -- for the first time, Mr. Chair, this list that I have in front of me, in first place is the name Allapattah. For the first time, Allapattah is in first place. Grant number one in funding for our senior centers, and to me that makes me very happy. Mr. Mensah: Okay. Commissioner Diaz de la Portilla: So I think if we're going to go anywhere, let's go to Russell's district, get it out of there and put it over here, but please leave poor Allapattah alone if we can. And now De Hostos is a different story because it serves both your district and mine. They do great work there. So, but just remember, just remember the poor kids in my neighborhood too. They need -- and our poor seniors also need to have good resources. Chair Hardemon: So clam -- Commissioner Diaz de la Portilla: I always worry -- because you're a very clever man, and you're a very smart man, and you're about to leave. I just want to make sure -- you know? -- that you don't take anything with you when you leave. Commissioner Reyes: As a matter of fact, if I might add, send something back. Send some of the funds that you have at the County, send it back. Commissioner Diaz de la Portilla: I thought you could (UNINTELLIGIBLE). Just give it to us. Commissioner Reyes: That's right. City of Miami Page 28 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: You know what I'm saying? Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: Guys, you can keep this. Chair Hardemon: I would not intentionally harm any of you. Commissioner Diaz de la Portilla: I know that. Chair Hardemon: All of this junding is actually within my district, so 1 was moving it around within -- Commissioner Diaz de la Portilla: I know. I'm -- this is just a little levity, that's all. I know. Chair Hardemon: And the -- Commissioner Diaz de la Portilla: But De Hostos matters because Vincent called me too, and they do great work there. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: And I went there a lot during -- when I was campaigning. And you know, 1 see the work that they do there. It's in your district, but a lot of people that he serves are in my district also. So it's kind of like 60/40, so that's -- it really serves both of our constituents, so it's an important area for us. So I'm glad that you're doing the effort to put the dollars for him. Commissioner Reyes: Mr. Chair, if I may add. That senior center has been serving that community for a long time. Mr. Mensah: So -- Commissioner Reyes: And it needs to be properly funded because there is a lot of senior residents that they -- that's the only place they have to go and have a good meal, and also socially, they have a good time there. And it's been there forever, you see. Chair Hardemon: I completely agree with you. And Miami -Dade County is actually -- has their foot on their neck right now, so it's very interesting what's happening. Commissioner Diaz de la Portilla: Absolutely, exactly. Commissioner Reyes: Absolutely. Chair Hardemon: Yeah, that's why I'rn trying to get them some more resources and Pm moving it around within my budget at least to get them there in a number of different ways. So you better believe you have a partner in me with that (INAUDIBLE) move forward with that. Okay, so George -- Mr. Mensah: Yes. Chair Hardemon: -- we're ready for you. Mr. Mensah: Okay. Commissioner, Mr. Chair, we have -- the Multiethnic is 37,000, and you requested that we move that to Liberty Optimist. And then the Family -- FANM, 32, and you requested that we move it to De Hostos. City of Miami Page 29 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Chair Hardemon: Right. Mr. Mensah: Now, what 1 was saying was that we overestimated the allocation for D5 (District 5), and so what we did was at the -- we removed -- we reduced the overestimation from the Liberty City Optimist Club. And so the actual amount that came to is 70 -- I believe it's 72,524. Now, in the past few years, in the last jive years that we've been funding them, they never spent anything less than -- more than 60,000. They've always left money on the table. So this 72,000 that we're giving them, we doubt that they'll be able to spend it, but you know, we think that at least that gives the ability to spend over the 60,000 that they've normally got. Chair Hardemon: So let me tell you, that's something very interesting, gentlemen. When 1 first came in -- right? -- I was encouraged -- discouraged rather to give the Liberty City Optimist Club any money because, apparently, they had some issues with how they were -- how the money was being managed. That was the way that it was described to me. Mr. Mensah: Yes. Chair Hardemon: At the time, there was Coach Sam Johnson, who's legendary at that place, who was one of my former coaches. His name is on the building that has the new gymnasium there. He had just recently passed, and they were trying to keep everything together. His wife was stepping in as a volunteer role to be -- to run the organization, but it just was a very, very hard time. And so they couldn't properly manage themselves. And so, of course, like any good Miamian from that community would do, I fought against that, and we ensured that they had funding. Now, one of the problems that organizations like this have is the ability, to spend money that they don't already have, so a lot of this works by reimbursement. And so, if you don't have any money, then you can't spend it in the first place. You know, if you're an organization that does very, very well for yourself, you could take a credit card, spend the money, and move on. But for many of our organizations and places where they're fighting poverty, they don't have that ability. And so you'll have -- or people -- like people who volunteer their -- will float the money. They will -- you know, they'll pay it up front, and then hopefully get reimbursed sometime later. That's why the reimbursement process, it's very, very important for the City as far as getting it timely reimbursed and not really, you know, jerking people around. So, in Liberty City Optimist, when he says they leave money on the table, he very well describes an organization that's very conscious of its spending and has a -- you know? -- more difficult time than many other organizations in trying to ensure that the money is spent and that they get reimbursed because they don't have anyone that's on the -- they don't have access to a $100,000 limit credit line. And so that's part of the issues that organizations like this have. I just kind of wanted to clarify that on the record before we move any further. Second, what I'd like to do is because the Liberty City Optimist serves so many kids, I wouldn't want you to take the money away from them. That's precisely why I'nr trying to increase the amount. And so instead, take that difference that you overcalculated from World Literacy Crusade of Florida. And then when you take it from that, restore Liberty City Optimist back to where it was, plus the additional funds that you were giving them to be able to service the -- all the kids that they're getting, especially moving forward now that this COVID-19 stuff is going to be (INAUDIBLE). Mr. Mensah: Okay, so move them to 104, 000, which is what it was? Chair Hardemon: What it was with the correct allocations that I gave, yes. Mr. Mensah: Okay. City of Miami Page 30 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Chair Hardemon: All right. And so if there are --- I don't know if there are any other corrections that need to be made on the record in any other districts? Mr. Mensah: Mr. Chair, I wanted to tell you something. Because typically, when organizations have a similar situation that you just outlined, what we do is that we pay directly to the providers. So, for example, if they have food supply -- it's about them paying and us paying. We will pay directly to the food, so they just have to give us the invoice, and we'll pay directly to them. So that should help them. And I'm sure there's some technical assistance that we can provide to them so they can be able to do that. Chair Hardemon: Well, we need to make that very plain to all the organizations. Mr. Mensah: Yes, yes, yes. Commissioner Reyes: Mr. Chair. Chair Hardemon: Yes, you're recognized, sir. Commissioner Reyes: To that effect, I -- we have to do it every organization. But 1 had a lot of complaints -- and De Hostos was one -- that it took a long time for them to get their food providers reimbursed and paid. What we have to do, we have to expedite those payments so the services cannot be cut, they cannot be interrupted, you see, particularly in those organizations that they serve the elders and the youth and everybody that needs it. And they have contractors that they provide the services, and then they are paid. And we cannot, I mean, take so long for those contractors because 1 mean, they have expenses also, you see. And if we take a month or two months, three months before they get a check -- you see? -- that goes against the people that are providing our services and also makes the people that are -- those organizations nervous, you see. And I received many, many calls from them. I mean, and not only from the district, but other -- De Hostos is one of them. Mr. Mensah: Yes, Commissioner. I was going to tell you that the only agency that we had an issue with was De Hostos. Commissioner Reyes: That's right. Mr. Mensah: It always happens in the beginning of the year based on the contracting -- the signing of the contract. However, we have a 14-day turnaround, and it is part of our performance measure that is reported on a monthly basis. And we do better than the 14-day turnaround. As a matter of fact, most of our performance measures is 10 days turnaround. De Hostos, we have some problems with them in which we always try to -- and that's the reason why they have more Poverty Initiative funds than CDBG (Community Development Block Grant) funds because they have some .financial issues to deal with. But we're working with them to make sure that -- Commissioner Reyes: Okay. Mr. Mensah: -- the contractors are paid, yes. Commissioner Reyes: And also, you well know that from my office we also give De Hostos about 3 or $4,000. Mr. Mensah: Yes, yes. Commissioner Reyes: We always do because that is very important, as Commissioner Diaz de la Portilla stated. I mean, they are serving not only people from Commissioner Hardemon, but they're also serving people from Commissioner Diaz de City of Miami Page 31 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 la Portilla. And that is a very, very, very low-income area, and they need to be taken care of. Mr. Mensah: Yes. Commissioner Diaz de la Portilla: Thank you, Commissioner. Chair Hardemon: All right, wonderful. So here we are. Commissioner Diaz de la Portilla: Should I move it? Chair Hardemon: Yeah, with all the amendments that were made on the record. Commissioner Diaz de la Portilla: So moved. Commissioner Reyes: I second it. Chair Hardemon: Any further discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Against? That motion -- Todd B. Hannon (City Clerk): As amended. Commissioner Diaz de la Portilla: As amended. Commissioner Reyes: As amended. City of Miami Page 32 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 PH.2 RESOLUTION 7921 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE ACCEPTANCE OF AN ADDITIONAL ALLOCATION OF CORONAVIRUS RELIEF FUND ("CRF") FUNDS FROM THE UNITED STATES TREASURY DEPARTMENT THROUGH FLORIDA HOUSING FINANCE CORPORATION ("FHFC") IN THE TOTAL AMOUNT OF $787,500.00 AND AUTHORIZING THE ALLOCATION OF SUCH FUNDS FOR MORTGAGE ASSISTANCE WHEREBY THE CITY IS ALLOCATING AN AMOUNT OF $78,750.00 FOR PROGRAM ADMINISTRATION AND ALLOCATING AN AMOUNT OF $708,750.00 FOR MORTGAGE ASSISTANCE, IN CONFORMITY WITH THE LOCAL HOUSING ASSISTANCE PLAN ("LHAP"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0313 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Chair Hardemon: Is there --? Let me see, one second. Is there a motion on PH.2 and 3? Commissioner Diaz de la Portilla: So moved. PH.2 and 3? Chair Hardemon: Correct. Commissioner Diaz de la Portilla: So moved. Chair Hardemon: It's been properly -- Commissioner Reyes: Second, second. Chair Hardemon: Seconded. Any discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion carries. City of Miami Page 33 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 PH.3 RESOLUTION 7830 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT TITLED "CORPUS CHRISTI", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN ATTACHMENT "1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN EXHIBIT "A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-20-0314 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.3, please see Item Number PH.2. City of Miami Page 34 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 PH.4 RESOLUTION 7611 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 29- B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"); WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BASED UPON RESOLUTION NOS. R-16-0347 AND R- 16-0348 ADOPTED JULY 29, 2016 AND SUBSEQUENT SPECIAL ELECTION RESULTS OF TUESDAY, NOVEMBER 8, 2016 WHICH AUTHORIZED THE RELATED AMENDMENT OF THE CITY CHARTER AS CERTIFIED BY RESOLUTION NO. R-16-0618 ADOPTED DECEMBER 8, 2016 (COLLECTIVELY, "APPROVALS"), AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY AND DADE HERITAGE TRUST, INC., A NOT -FOR -PROFIT CORPORATION ORGANIZED UNDER STATE OF FLORIDA LAWS, FOR THE CITY -OWNED BUILDING LOCATED AT 190 SOUTHEAST 12TH TERRACE, MIAMI, FLORIDA 33131 FOR A TERM OF THIRTY (30) YEARS WITH TWO (2) THIRTY (30) YEAR RENEWALS, FOR MINIMUM ANNUAL RENT OF SIX HUNDRED DOLLARS ($600.00) IN MONTHLY INSTALLMENTS OF FIFTY DOLLARS ($50.00), WITH CONSUMER PRICE INDEX ADJUSTMENTS, AND WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS, INCLUDING BUT NOT LIMITED TO AIR RIGHTS, MINERAL RIGHTS, AND RIPARIAN RIGHTS, TO THE PROPERTY, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY TO BE SET FORTH IN SAID AGREEMENT IN ACCORDANCE WITH THE APPROVALS, AND ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Carollo, Reyes Note for the Record: Item PH.4 was deferred to the January 14, 2021, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number PH.4, please see "Public Comments for all Item(s)." Chair Hardemon: All right. Let's move backwards. Let's go to PH.4, the Dade Heritage Trust item. Vice Chair Russell: I'll move it. Chair Hardemon: It's been properly moved. Is there a second? Commissioner Carollo: (UNINTELLIGIBLE). City of Miami Page 35 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Chair Hardemon: It's been seconded. Any discussion? Todd B. Hannon (City Clerk): Wait. I'm sorry, Chair. Who was the seconder? Commissioner Reyes: Commissioner Carollo. Chair Hardemon: Commissioner Carollo. Any discuss --? Commissioner Carollo: I'm sorry. We're talking about the Heritage Trust? Commissioner Reyes: Yes, yes. Commissioner Carollo: Okay. The --I've asked for information that I haven't gotten it Ally yet, and still going through it, what I've gotten late last night after my briefing. Because I -- some of you might know what this organization's all about. I don't know as much on it. I don't know how many of the people that are involved with it live in the City of Miami. I don't know what projects they've gotten involved in, where's a lot of their funding coming from. What I do know is that they seem to be a general countywide organization. Therefore, I think the County should be the one that puts the monies out for whatever this organization needs. And now I know that we've been gracious, and we've been letting them use this house here and be part of it, but the question is, is that the best use that we can make of that property? Is that the best and highest use? Now, there were questions on what we could build there. 1 met through my briefings with staff when we went through this item yesterday late in the afternoon, and we could build something there. It's limited because the lot is going to be smaller, considerably, than I was originally told because of setbacks. But even with those setbacks, since we are the ones that can control that, we don't have to make it as strict as we have, and then you could build something that's more reasonable, an eight - story building that towards the front would be 20, towards the middle of the building it would be 50 wide, if that's what we want to do. But I -- you know, on the other hand, if we don't want to build anything there, if there's one area of Miami that is in need of a pocket park, it's that area. I can tell you that every other person that lives in an apartment there has a dog and that can certainly become the most used dog park in the whole city. So I have questions on what the best use of it is, and this has come up particularly when we've been requested to give this property up for I don't know how many, years it is. It's, you know, some 90 years or 99 years or something to the effect for what is practically for free. Now if you look at Miami, 70 percent of all the nonprofits in the County, they're in the City of Miami. We are losing a tremendous amount of revenue every year that people don't pay in taxes because we're taking all the nonprofits that provide service for the whole county, and the County doesn't reimburse us for that. We don't spread them around proportionately where then we would only have to have 18 percent instead of that 70 percent of all the nonprofits. And imagine if we had all that money that the nonprofits don't pay in additional taxes. We wouldn't be -- even with COVID-19 -- in the situation we are today. So what I'm saying is that more than ever now we have to look at the properties that we own differently. Stop giving everything away to every so-called nonprofit or others just because they're connected. There's a lot of use -- a lot better use that we could have in this property. And I'm not saying that we want to keep the house. On the contrary, as I said before, they can keep the house. We could try to help them with the County, find another location for it. But that location is a very valuable location any which way you cut it. And this is my opinion anyway. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized, sir. City of Miami Page 36 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Vice Chair Russell: Thank you, Commissioner. And I certainly understand where you're coming from trying to look out for the bottom line of the City. It is important. I am listening to my residents as the Commissioner of the district, and they are saying loud and clear that they'd love us to keep this as a historic structure. They do have a lot of landscaping around it, and they do -- they are a dog friendly, welcome butterfly garden in the front, and it is well used. But nobody, in the hours of advocacy we just listened to was asking us to sell it or create something different. Every single call that was brought in was asking us to keep it as it is, the original office of Dr. James Jackson after which Jackson Health System was named. It's one of the last retraining small quaint charming structures in Brickell, and that says something. It is important. As 1 said before, I'm open to assessing the value of what can be built there. I've been told with its current setbacks, you couldn't even build the building that's there. It's grandfathered nonconforming. The cost to move it and the risk to the structure have not yet been told to me. I don't know that. But beyond that, 1 do believe it's worth leaving there. Dade Heritage Trust does a lot of work, mostly, in the City of Miami. And recognizing our needs, they've combined their mission not only for historic preservation, but also affordable housing. And one of their projects is in your district, where they used grant funds to purchase a 1920s art deco building -- or 1930s. And they're renovating and remodeling and preserving the entire thing for affordable housing. And everyone who lives there will pay 800 to 1,000 bucks a month to stay there. And so that was their goal, not only preserve housing, but preserve a community as well. Commissioner Carollo: What does that have to do with that location? Vice Chair Russell: You asked about what their mission is and -- Commissioner Carollo: Yeah. Vice Chair Russell: Not being sure about exactly what they do or whether it's in the County or the City. Commissioner Carollo: Yeah. Well, you're telling me one area that they're doing something in. Vice Chair Russell: Yeah. Commissioner Carollo: What I'm saying, look, is that -- and you know, I know that you're telling me that people spoke. The vast majority of those people don't live in the City of Miami. I'd be happy to put this up for a referendum in the next election if you'd like (INAUDIBLE) and see what the real Miamians think, those that don't have anybody to lobby for them, those that don't live in Coral Gables or Pinecrest or Aventura, or you know, some other part of Miami -Dade County, the real Miamians, the ones that don't know where their next paycheck is coming from to pay their rent, or they're behind on their mortgage because they lost their job in COVID-19. So what -- all that I'm asking is that this not be approved. Why all of a sudden did they come, and they want this grab bag, 90 plus years for them to have this at $600 a month, every month Pr the rest of the 90 plus years that they're asking for? Vice Chair Russell: Mr. Chairman, I'd like to ask the Clerk if he could walk us through the timeline of when this originally came to the Commission, who voted to put this on the ballot, when it was placed on a municipal ballot, and what the vote percentage was of what the voters decided with regard to whether or not we should offer a lease of 99 years to the Dade Heritage Trust for this address. Todd B. Hannon (City Clerk): Chair, I'll need a few minutes to find that information. I do not have it readily available. City of Miami Page 37 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Vice Chair Russell: Thank you. I think it is crucial because that's exactly what Commissioner Carollo's asking: What would the voters say if they were asked? And I believe they have been, and I think we should listen to them. Commissioner Carollo: Anyway, I'd like to have this item deferred. Commissioner, I'm not ready to give more property away. Vice Chair Russell: I understand. Commissioner Carollo: If it was up to you, we'd give the whole City away and I'm fed up with this. Vice Chair Russell: You don't need to speak for me. I'm not trying to give anything away. Commissioner Carollo: Well, you are, you are. Vice Chair Russell: I'm doing (UNINTELLIGIBLE). Commissioner Carollo: You are, sir. Vice Chair Russell: (UNINTELLIGIBLE) together to put this on the ballot, and then the ballot -- Commissioner Carollo: Even on this piece of property in your own district for your voters, your residents in District 2, you can't tell me that we don't need a dog park tremendously in that area. We do. Now, I don't know what is so great that they have to be there in that house, and that house can't be moved somewhere else. You want to find out? Well, let's find out what it costs to move it somewhere else. But it certainly could be moved. Why does it have to be there? Commissioner Reyes: That's a good question. Commissioner Carollo: Why can't it be opened up all the time so that residents of Miami could go through, be part of the museum. Maybe we could put it up next to the museum row. Put it between the two big museums. They got land that we gave them left. Vice Chair Russell: I understand. And we may agree or may disagree on this. But once the Clerk has the information for us, I've got the information I need to vote (INAUDIBLE). Commissioner Carollo: You might. I'm asking for a deferral on this until we can get additional information on the cost and possible locations where this could be moved at. Commissioner Reyes: Through the Chair. Chair Hardemon: You're recognized, sir. Commissioner Reyes: I think that's -- it is, I mean, a reasonable request from Commissioner Carollo because this is the first time that the City of Miami have tnoved a historic building from one place to the other. I remember years back, we moved first Miami High, a little shack, moved it to a park. And the land was used for something else. And the shack -- I mean, it still is standing. And we are not -- from what I gather -- Commissioner Carollo is not asking for demolishing of this property -- I mean, this building. It's just to move it to another place and this land could be -- find out. I mean, City of Miami Page 38 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 we don't know yet if this could have -- this land where the building is now could have a better use. And at the same time, we keep the structure in another place, which is logical what he proposed. I mean, it is not illogical that it be around the museums that we have now in the museum row. I mean, it makes sense. I would like to further investigate this, too. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized. Vice Chair Russell: Thank you. Yeah, I'm very interested in where you are on it, Commissioner Reyes. The DDA (Downtown Development Authority) has a visitor's center there, and the DDA invests $25, 000 a year in that center. Even though it's a lease to the Dade Heritage Trust, it's a City of Miami asset. It's ours and it will remain ours. It's a Miami historic structure. It's designated and it's ours. But we -- you know, they've worked with all the different ferent groups, including the City, the DDA, to invest in it. So I am interested in where you are on this as well, as the chair of the DDA. Commissioner Reyes: Yes, as the Chair -- listen, I'm the chair of the DDA and I'm also a City of Miami Commissioner. And I don't (INAUDIBLE), okay? What I'm saying is if we have -- DDA has -- I mean, contributes with the Heritage Trust, that is fine. It's not going to stop, you see? It's not going to stop. I mean, what -- why cannot we analyze if we can do it or not? I mean, why not? Why not, if it's a better use? But you're trying to now -- you're trying to corner me into -- by being chairman of the DDA, that -- as ifl was going to go against the DDA. No, sir. No, sir. I'm not going -- 1 mean, I'm not doing anything to harm or to curtail any of the good things that the DDA is doing -- you see? -- and the partnership that we have with Dade Heritage Trust, no, no. What I'm saying is it is a very logical question, you see. Commissioner Carollo is -- I mean, he mentioned something that I had never thought about it. Why this cannot be a park. There is a lot -- I mean, you know that that area is full of residents, and there is not a single park around there, you see. And we are not destroying the building or the Trust. It's just a matter of just moving it and have better use. Why don't we analyze that? It's just an analysis. And if we decide that it should stay there, it will stay there, you see, all the pros and all the cons. I mean, what I'm trying to -- I'm trying to be reasonable and I'm being pragmatic about it, you see. I mean, it's not that we going to be affecting Dade Heritage Trust and we are going to be eliminating it or anything, or we are going to be demolishing this building. I just remind Commissioner Carollo because he must remember that -- I would say about 20 years or more, that the same argument took place about the little shack that was the first high school in Miami, which was Miami High -- that's what they call it -- and it was moved from one place to the other. I mean, never lost its integrity, never lost the historic designation, and never lost its importance. Commissioner Carollo: And it's in Southside Park right now. Commissioner Reyes: Yes, it is in Southside Park. You remember that? Commissioner Carollo: Yes. Commissioner Reyes: Okay, and we had the same argument. We are not destroying it. As a matter of fact, when we moved it -- the City moved it -- when the City moved it, Tye -- I was co-chair of the neighborhood bond -- defense bonds, that board, and we provided funds to refurbish the whole shack, you see. And we had the same argument before. And the land was used for something else, and the shack's still there, and it's still a historic (UNINTELLIGIBLE), you see. That's the only thing (UNINTELLIGIBLE). Why don't we analyze that? I mean, why -- City of Miami Page 39 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Carollo: Commissioner, you're absolutely. correct. We're not kicking them out tomorrow. We're not setting the building on fire. All that we're saying is we're not ready to give this away for 90 plus years, and we're going to leave the status quo until we look into it further. Chair Hardemon: Is there any possibility that the amount of years could be reduced so that we give true adequate attention to how much we should research that the property should be? So, say for instance if they had a five-year lease and then we continue that discussion -- because the only thing that I'm fearful of is if -- because I thought from last meeting to this meeting, we were supposed to be looking into (UNINTELLIGIBLE). And so ifthis thing gets continued to be pushed on and on and on and on, and it kind of puts them in a limbo. And so I'd rather them have some defined message from us about how much time they have, at least until we talk about other options. Commissioner Reyes: Yeah. Chair Hardemon: And an option could be to remain there, you know, but at least -- Commissioner Carollo: It could. Chair Hardemon: -- they know for a certain number of years that they can engage in this conversation with the City Commission. Commissioner Carollo: Well, 1 don't see why we have to give any long lease at all. It's our land. They should be perfectly content if they're allowed to stay there in a year- to-year lease. 1 don't know what they have now, or you know, when this lease is up if it's not up already. But I think it's pretty outrageous for them to want 90 plus years and the same $600, whether it's today -- which is a joke -- but it's going to be even more of a joke 90 plus years from now when none of us will be around, none of our kids will be around. Commissioner Reyes: Talk about yourself, you know. I might be around. Chair Hardemon: With the new medicine that Donald Trump (UNINTELLIGIBLE). Commissioner Reyes: I might be around. Chair Hardemon: It might be medicine that will really keep us alive for a very long time. So, you know, Ilook forward (UNINTELLIGIBLE). Commissioner Carollo: Well, it's done good for him so you better, you know, look at it closer. Chair. Commissioner Reyes: You know -- Commissioner Carollo: If you get the big C, you might want to give him a call. Chair Hardemon: You mean cash? Commissioner Carollo: You might think of cash all the time. I'm thinking of the coronavirus. Chair Hardemon: Oh, okay. See, the C that I normally think about that wakes me up - Commissioner Carollo: You're in the campaign mood now, I know. City of Miami Page 40 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Chair Hardemon: The C that wakes me up in the middle of the night is Carollo. It's always -- Commissioner Diaz de la Portilla: The big C. Commissioner Reyes: Oh, that's right. Commissioner Diaz de la Portilla: The big C is Carollo. Commissioner Reyes: That's right, the big C. Commissioner, I mean, I'm going to address your last comment on the year to year. I don't think it's fair either. If we're going to let them stay there, not let them stay on a year to year basis because that creates an uncertainty -- you see? -- that is not necessary. If we are going to -- if we agree on shortening their lease terms, but not year to year because that creates uncertainty. People need time if we decide -- or the future Commissioners decide that they have to move, then they will have enough time to find a place or whatever, you see. But year to year, I won't agree with. Commissioner Carollo: Well, Commissioner, what I am tired of seeing is that some of us talk all the time about the people, the people, the people, and any bunch of elitists that come around, boy, we can't help but just to pucker up, you know, and see where we kiss them. And this is what I'm seeing here again. There's no reason in the world why we should enter with them -- or for that reason, anybody -- for $600 a month for the next 90 plus years. Someone just contacted me right now. I got to laugh. And another nonprofit that we have in the community -- very well known -- and they're willing to come in and pay more for -- if it's $600 a year, so they'll do better than that and come in and preserve the house. So I mean, look, what I've asked is something that I think is extremely reasonable. They're not going to be affected. We're not throwing them out the door. The house is going to be there. We need to look more into this, how much it would cost to move it, possibly look at locations'. And the Countv's got to get involved with money. I'm tired that the City is the dumping ground for every nonprofit, for every wonderful pillar idea of the community that someone came up with. And we keep losing and losing and losing our most valuable lands. And our neighborhoods -- the vast majority of neighborhoods and people in the City of Miami keep getting poorer and they have no voice. Commissioner Reyes: Commissioner -- and if I might suggest, I think that if we are going to defer this and do an analysis, I would like to also include in the analysis the potential uses, and I mean, what would be the best use for this land and -- Commissioner Carollo: That's (UNINTELLIGIBLE). Commissioner Reyes: -- if it doesn't make any sense moving it or anything because we don't have any alternatives -- it's too small for a park or the analysis of nobody wants to use this land, we don't have any takers -- well, then we take this. And we -- what we do is we renegotiate, okay? Renegotiate the time. We can renegotiate the time, the rent, and all of that, you see. Commissioner Carollo: We can make it into a museum. We -- you know, whether you know it or not or realize it, the City of Miami has some very, very valuable pieces of art that were given to us -- Commissioner Reyes: Yes. Commissioner Carollo: -- that they're in storage right now. And I'm talking about paintings that could be worth to the hundreds of thousands. So that could be a museum where it could be opened up to everybody, not just to the few people in the Heritage Trust that come in there. and why does that have to be their office or City of Miami Page 41 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 anybody else's office or any 501(c)(3) could have it as their office? What right do they have to be the only ones that can be there? But what you stated, Commissioner, absolutely, should be part of the analysis that we do. Commissioner Reyes: That's right. Commissioner Carollo: What is the best use that we can do? And there's many uses that we can come up with. I mentioned at one extreme, even a dog park, but it could also be a playground. Unfortunately, it's too small to have a playground and a dog park, I think, but maybe I'm wrong. Maybe someone could figure that one out. But one thing I think we all can agree on, that that whole area there, with all the huge buildings that we have and no parks, there's a tremendous need for parks -- Commissioner Reyes: Yes. Commissioner Carollo: -- whether for dogs, whether for kids having a playground. Or if we could find another way that might make more sense and it might bring some real dollars to the City of Miami. I don't know. Commissioner Reyes: There is no green area around that area. Commissioner Carollo: None, none. Commissioner Reyes: There's no green area. So? Commissioner Carollo: So my motion is that we defer this for the next meeting in January and have the Administration have this time to look into the areas that I mentioned and you suggested, Commissioner. Commissioner Reyes: That's right and -- Commissioner Diaz de la Portilla: I'll second that. Commissioner Reyes: Okay. Chair Hardemon: Properly moved and seconded. Vice Chairman, you're recognized. Vice Chair Russell: Yes, thank you. Just a question for the City Attorney with regard to the Charter amendment that was voted on by the electorate. How would a change affect that Charter amendment, and what needs to be done there? Ms. Mendez: When you say a change to be able to move it? Is that what you're asking? Vice Chair Russell: No. And I'm still waiting for the answer from the Clerk on exactly what was voted on and when and what that changed. So maybe you can help us. This was a Charter amendment, correct? Ms. Mendez: Okay, so -- right. So the language reads, "Shall the Miami Charter be amended to authorize the City Commission by a /bur f fths affirmative vote to waive competitive bidding and execute a lease with Dade Heritage Trust for the City -owned building --" so not necessarily it says the City -owned building on the land and the -- "for the City -owned building located at 190 Southeast 12th Terrace for a term of 30 years with two 30 year renewals," and all that. So what's contemplated for it to be moved elsewhere is a possibility based on -- as long as you enter into -- obviously, you have to approve it. But for it to enter into a lease because it's a City -owned building. So that's a possibility. You can move it elsewhere. And then you're asking -- I received a copy of all the votes, but the yes -- which I'm sure the Clerk has already, City of Miami Page 42 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 hut it's 57,068 votes for and 46,886 votes against. Is that what you were asking? I'm sorry. Vice Chair Russell: Basically. So 55 percent of the voters said yes that we should do this. And it did amend the Charter though, correct? This is now in our Charter? Ms. Mendez: Right. So it is a Charter carve out, but it's permissive. Vice Chair Russell: Got it. So I'm just trying to understand the motivation because we did go through a very thorough process. This carve to the Commission. We voted it, the terns and everything, and then to put it on the ballot. The voters said yes. At the last Commission meeting, the idea was that we have a financial crisis right now, so we need to sell this land and make money. And then we did an analysis, and obviously, it's not very developable based on setbacks, et cetera. And so now we're talking about making it a dog park or even a museum. It does have park elements to it. I think we -- if we wanted to, we could even rezone it CS (Civic Space). People can enter the garden. They can bring their dogs. That exists already. It is a museum. People can come in. It's a DDA welcome center•, but we're still saying no. So I'm just not fully sure -- because if its not about the money at this point, it's about not giving them the long-term rights to this. And even the voters said yes, so I feel like that's been covered as well. So I'm just not fully understanding -- Commissioner Diaz de la Portilla: Commissioner. Vice Chair Russell: -- what the motivation is. Commissioner Diaz de la Portilla: Chairman. Chair Hardemon: You're recognized, sir. Commissioner Diaz de la Portilla: Thank you. There's a motion by Commissioner Carollo -- right? -- and I seconded the motion to defer this item. So I need to ask -- before we do this, I need to ask the City Attorney what happens if we just defeat this today? Ms. Mendez: Oh, okay. I'm sorry. Defeat it today as in just not enter into a lease, not allow it? Commissioner Diaz de la Portilla: Correct. Ms. Mendez: That is -- that's your prerogative as well. But it's -- Commissioner Diaz de la Portilla: But vis-a-vis' the referendum and (INAUDIBLE). Ms. Mendez: Oh, I'm sorry. Commissioner Diaz de la Portilla: Yeah. Ms. Mendez: Okay, I'm sorry. Commissioner Diaz de la Portilla: It's a legal question. It's not -- Ms. Mendez: Got it. Commissioner Diaz de la Portilla: It's not your analysis of our powers. Ms. Mendez: Okay. City of Miami Page 43 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: It's a legal question as to -- Ms. Mendez: 1 thought you were asking if that is -- if that could be done. Yes, it could be done today. With respect to -- it's still -- the Charter is still amended, so let's say this Commission says no today, tomorrow, or next month, the next Commission can say yes. So unless you reamend the Charter, it's still there. Commissioner Diaz de la Portilla: Right because this Commission never said yes. This Commission didn't do any of this. Ms. Mendez: No. I'm saying about your -- obviously -- Commissioner Diaz de la Portilla: I'm sorry. When was this -- when did this go before the voters? Ms. Mendez: 2016. Commissioner Diaz de la Portilla: Okay. This Commission -- Ms. Mendez: November 2016. Commissioner Diaz de la Portilla: So Commissioner Carollo wasn't here. Commissioner Reyes wasn't here. I wasn't here. City Manager wasn't here. 1 think only Chairman Hardemon and Commissioner Russell were here. So we -- the majority of this Commission didn't do any of this -- right? -- the referendum, placing it on the ballot, and all that stuff. And 2016 is very different than 2020. We know what 2020 has brought us -- right? -- different economic circumstances, a reshuffling of our priorities -- right? -- a rightful reshuffling. And so we have to deal with what existing circumstances are today. And if we have to take it back to the voters and do all -- go through that process -- and I don't know if we have to -- so a legal question is what happens if we say we don't -- we're not -- we vote this down today instead of deferring it? Just for argument's sake. I'm not saying -- Ms. Mendez: But I -- that's why I was -- Commissioner Diaz de la Portilla: I seconded Commissioner Carollo's motion. Ms. Mendez: I was just claming. Commissioner Diaz de la Portilla: Okay. Ms. Mendez.: Voted down today, it's voted down. But the Charter amendment is still there so a future Commission can award the -- Commissioner Diaz de la Portilla: If we vote it down today, what can we do next Commission meeting? Not a future Commission, this Commission. Ms. Mendez: If this Commission votes it down -- if the Charter language is still there and it's still permissive, in the future it could be done. Commissioner Diaz de la Portilla: Permissive. Ms. Mendez: Right, the lease could be done unless you vote to change the Charter again. Then it's, you know -- Commissioner Diaz de la Portilla: But I'm not understanding -- is the lease for that location or is the lease for the company or the entity? City of Miami Page 44 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Ms. Mendez: It is a lease for Dade Heritage Trust for the City -owned building at the location. Commissioner Diaz de la Portilla: For the building. Ms. Mendez: So you can -- Commissioner Reyes: The building at that location. Ms. Mendez: You could -- Commissioner Diaz de la Portilla: So we take that building and put it in Allapattah. Ms. Mendez: Correct, correct. Commissioner Diaz de la Portilla: Right? Ms. Mendez: That could happen. You could do that. Commissioner Carollo: Did the Charter amendment specify the amount of money in the lease? Ms. Mendez: It said for a minimum, minimum annual rent of $600 -- Commissioner Diaz de la Portilla: So it's the floor. Ms. Mendez: -- with a consumer price index adjustment. Commissioner Diaz de la Portilla: It's a floor, not a ceiling. Ms. Mendez: Correct. Commissioner Diaz de la Portilla: So we could say it's $20,000, right? Ms. Mendez: Correct. Commissioner Diaz de la Portilla: Right? Ms. Mendez.: Yes. Commissioner Diaz de la Portilla: Within the -- Ms. Mendez: Correct. Commissioner Diaz de la Portilla: -- parameters of the Charter amendment. Ms. Mendez: Yes. Arthur Noriega (City Manager): Can I get some clarity too, Madam City Attorney? Because in the reso, it does list the address. Are you sure that the address isn't relevant? I need -- it needs to be clear. Ms. Mendez: Right, so -- Chair Hardemon: I mean, that's (UNINTELLIGIBLE) -- Ms. Mendez: Again, I -- City of Miami Page 45 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Chair Hardemon: The address is like the location. It's not like it's the folio number. Ms. Mendez: Right. It didn't say -- to he abundantly clear -- Mr. Noriega: Yeah. Ms. Mendez: -- it doesn't say City -owned building and land. It doesn't say that. It says Mr. Noriega: So the address is just referencing the location of the building. Ms. Mendez: Of the City -owned building. You can take -- right. You could take that -- if that is the will of this Commission to do that, to -- that could be done to put it somewhere else. Commissioner Reyes: Okay. Mr. Noriega: Okay. Commissioner Reyes: We been through this. And there is a motion and there is a second. And I would like to include in all the analysis that is going to be made that the legality of us going against the -- I paean, the voters or the question that was placed on the ballot, if we have any -- we are opening ourselves into any legal action. I mean, just look into every single possibility and the best use for it. If there is not a best use of the amount of rent that if we could increase the amount of rent -- as Mr. Diaz de la Portilla said -- and if it is feasible to move it and create a park there or whatever. Let's defer and analyze on every single aspect of it so we cover all the bases, you see. Mr. Noriega: So for purposes of the resolution -- if I may -- can -- when we're done with the discussion, can somebody sort of sum it all up for me so that I know exactly what our charge is when we -- as we move away from this item, so I know exactly what the Administration's been requested to do so we're prepared to come back to the Commission? Commissioner Reyes: And if we find in our analysis that the best thing that we can do is leave it there and require that that be a park -- you see? -- then that be it, you see. I want to -- I mean, analyze it -- thoroughly analyze all the possibilities that we have. Commissioner Diaz de la Portilla: On Commissioner Carollo's motion, Commissioner, you wanted to defer it until January. Is there a reason that you have for that day instead of November 19th or -- Commissioner Carollo: Well, the reason I'm saying January is so there's plenty of time for the Administration to deal with that. I mean, this is not -- I don't think -- a priority out of all the events that we have to deal with. In fact, even January might be too soon. But January, it gives the Administration some 90, 100 days at least to be able to sort out all the things that we put on the record, that I put down, Commissioner Reyes put down. For instance, I'd like to see exactly based on what we could build there -- and I don't want to hear all these setbacks because we decide what setbacks we're going to have. We could cut all the setbacks because of the particulars of the location to half of what they should be. Then I want to see from Planning what is the total square footage that we could build there. It's going to be at least eight stories. It'll be an irregular building because it's an irregular lot. I want to see what other uses can we have including park, or a dog park, or a playground; if somehow, we could combine both, which I think will be hard, but maybe I'm wrong. They could show me something that there'll be a way of putting both. What Commissioner Reyes said, leaving the building there, making a park, other uses for City of Miami Page 46 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 that building that will be best that would hring more people to it. That whole area doesn't have any prime community gathering area either for the City or the residents, like we have in Shenandoah, Commissioner, in your district, like 1 have in mine on 12th Avenue. There's none. Last but not least, we want to see the cost of moving that building, what potential sites do we have that it could he moved to. So these are all the things that we want to see, Mr. Manager. I think that gives you a lot. And you could sit with each of the members of the Commission that they could give you additional impact maybe of what they would like to see done. But you know, you've been around a long time. I think you've heard enough from all of us in what we want the Administration to do to come back with information for us. And I have no problem in putting this up if we need to in November of next year again. And I'll put my face to it, and I'll campaign for whatever I put in the ballot. 1 don't know how this could have gotten passed in the ballot back in '16; how it was sold, what people were told. But this is '20. And 1 mean, aren't you one of the guys -- the same Commissioner, that we should wait for the next election before the Supreme Court nominee is named? Well, we should wait for the next election too before we decide what to do with this maybe. Commissioner Diaz de la Portilla: Mr. Chair. Chair Hardemon: You're recognized. Commissioner Diaz de la Portilla: Just for clarification. Commissioner Russell, if I remember correctly -- unfortunately, I'm cursed and blessed with a good memory -- the -- wasn't this building moved from somewhere else here in the 1990's? Vice Chair Russell: Sorry, about 75 years ago it was moved. Commissioner Diaz de la Portilla: So it wasn't the 1990's? Vice Chair Russell: It might have been in the -- 1914 or 1910. Commissioner Diaz de la Portilla: Are you sure? Vice Chair Russell: We can get an answer on that. Commissioner Diaz de la Portilla: Yeah, because I believe that building was moved during my lifetime, and I wasn't -- I was born a little bit after 1914. But I think Commissioner Reyes may remember better than I can. Commissioner Reyes: I saw it coming. I saw it coming. Commissioner Diaz de la Portilla: You saw it coming. I telegraphed it. Commissioner Reyes: I saw, I saw. Commissioner Diaz de la Portilla: I telegraphed it. But I do know it was moved, so this wouldn't be the first time we move a building, right? Commissioner Reyes: No. Commissioner Diaz de la Portilla: That that land -- because, obviously, downtown Mianii is not what it was in 1914 -- if it was in fact in 1914. There's a place and a time for everything in life. And move the building, as long as we preserve its history and the role that it plays, it's not the end of the world. But I want the Manager to look at the history, of the building and actually look at other buildings that have been moved. Because we get so tied to an idea and we think that it has to be this idea and has to be there, but it wasn't there before. So, you know, what's historical about it if we move it. The history is what's in the building, right? It's not in the area. I understand the City of Miami Page 47 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 neighbors may not want it because they don't want their views blocked and all that. But we need -- you know, if the land can be developed and -- or it could be a doggy park or whatever this Commission decides -- because I'm a big fan of dogs, as is Commissioner Reyes too, 1 believe. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: And you know, I would love to have a doggy park in there. I think the neighbors would love to have a doggy park. But if it can be developed, it can be developed. And so those options are what we have to have. And I agree with Commissioner Carollo. We have to look at all possibilities. We can't look at what happened in 2016, how was it sold. You know what happens with referendums. The people with money or the people with interests in the outcome pour more money into the race. It's a different time. 2020 is not 2016. We have different needs, dramatically different needs now, and we have to reprioritize things. So 1 agree with Commissioner Carollo, you know. We'll take it 'til next year, in the beginning of next year, because that gives the Manager an opportunity to look at the research and see all the options that are available for us. It does require a four -fifths vote anyway, so we are going to have to -- whether we like it or not -- we're going to have to find common ground. Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: And unfortunately, Commissioner Hardemon won't be here, but maybe someone else will that we can find common ground there, and maybe Commissioner Russell can be more flexible. It is your district, but it is something that belongs to all of us in Miami, not only to your district. So it's important, you know, that we preserve it, I think, not necessarily there. Vice Chair Russell: Understood. And to answer your question, it was moved 103 years ago. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: And it was in the location of where -- Commissioner Diaz de la Portilla: Is that true, Commissioner Reyes? Commissioner Reyes: No, I don't think that's right. I don't remember that move. Commissioner Diaz de la Portilla: I think you were born right after that. Commissioner Reyes: No, I don't remember that. Commissioner Carollo: I think Commissioner Russell answered one of our questions. If it was moved and it didn't fall apart 103 years ago, today with all the technology we have, it's a breeze. Commissioner Reyes: That's right. Commissioner Carollo: I mean, look at Lummus Park. In Lummus Park, we got Fort Dallas and all these other buildings. You know they've been moved. They were put there. So it's not the first time -- Vice Chair Russell: (UNINTELLIGIBLE) a request to the City Manager with regard to the analysis that you're doing. So if this isn't for a sale or for development, but rather for the building of a park ourselves, obviously, the relocation of this building City of Miami Page 48 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 will he on our dime at this turn of financial crisis. So I would like an analysis of exactly what it would cost to move it within a mile radius of its current location. Commissioner Carollo: Well, not necessarily, Commissioner. Because if they're doing all the work for the County -- they're the ones that are wanting it -- then the County should step up. Maybe the County would want to put it in one of their sites. And I would have no problem in doing that if that's what they would like to do. They have a lot of land; a lot more than we do. But if in the analysis, if the City Manager can provide to us, how rnanv times has this building been moved? Has it been once? Has it been twice? And you know, what were the years when it was moved? Commissioner Reyes: Mr. Chair. And let me correct this. If we decide -- because I said probably the best use would be to make it a park, open it up, or leave the building there and open it up to everybody -- you see? -- so people can come and meet and we add some amenities to it, fine. That'll be -- and let it be it. But if we decide to move it, it doesn't mean that we have to do it next month, you see? It doesn't mean that we have to do it even next year, you see? When the City of Miami -- I mean, the finances come whole, and also, people that want to preserve this building, they could also -- I think that they will contribute -- you see? -- because there are some funds from historical organizations. They should provide some funds so that we can move it also if that is the decision -- you see? -- if that is that we decide. And in order to know -- for us to know what we could do with that building, we have to make an analysis, a thorough analysis of things that we could do and how we're going to benefit. We need to take into consideration the fact that there is no green space in that area. There is a lot of residents there. There's a lot of children in that area now, and there is no green space whatsoever, you see. There is no green space. My -- I mean, I'm inclined into saving that green space -- you see? -- saving that as a park or as a place that could be used by that community that has -- that's growing in Brickell Avenue. Vice Chair Russell: Commissioner, within a quarter mile of that is Simpson Park, Southside Park, Brickell 18th -- Commissioner Reyes: It's a quarter mile, sir, but it's not across the street. Vice Chair Russell: Biscayne Park. Commissioner Reyes: It's not across the street from all those -- Vice Chair Russell: (INAUDIBLE) parks within a quarter mile of this spot. Commissioner Reyes: Okay. Then we're not going to build any more parks in your district because I have -- for example, I'm building a dog park on 22nd Avenue. Vice Chair Russell: I'd love to help you. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: I want to build one too. I'm surprised that Commissioner Russell doesn't want more parks in his district. Commissioner Reyes: He doesn't want more parks, more green space. Commissioner Diaz de la Portilla: That shocked nie. Vice Chair Russell: I'm surprised (INAUDIBLE) telling me I have too many parks in my district, and now you want to knock down a historic structure to build another one. Commissioner Reyes: No, no, no, no. City of Miami Page 49 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: (INAUDIBLE). Commissioner Reyes: We don't want to knock down that structure. We want to move it if it's possible. Commissioner Diaz de la Portilla: You could never have too many parks. Commissioner Reyes: Absolutely not. Commissioner Diaz de la Portilla: But if you think you have too many parks in your district, then 1 understand. But 1 think the idea of a doggy park is a good thing. I think a lot of residents in that area -- I know the area as well -- have dogs, and they would love to have a little doggy park there. If you think that maybe a historic building that can be moved is more important than a doggy park, that's -- obviously, it's your district, it's your priority. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: And your constituents (INAUDIBLE) -- Vice Chair Russell: It acts as a doggy park now. I'll bring my dog; you bring your dog. Well come and hang out, and we can actually walk through there because anyone's (INAUDIBLE) -- Commissioner Diaz de la Portilla: My dog is a republican though. Commissioner Reyes: He won't get along with yours. Commissioner Diaz de la Portilla: And he's big. Vice Chair Russell: My dog would -- Commissioner Diaz de la Portilla: (INAUDIBLE) your dog. You have a little dog, right, Commissioner Russell? You have a big dog? Vice Chair Russell: Big, two of them. I'll bring them. both. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Oh, my god. You're going to gang up on yours. Vice Chair Russell: I think we figured out a way to settle this. Commissioner Reyes: He's going to gang up on yours. Okay. Commissioner Carollo: I've been thinking about getting me a new one, a new dog. Ask -- I had one before. His name was Cachasa (phonetic). Commissioner Reyes: Cachasa. Commissioner Carollo: (INAUDIBLE) particular breed. Commissioner Diaz de la Portilla: Tell me what you're going to name Commissioner, tell me what you're going to name your new dog. Commissioner Carollo: Cachasa 2. You might ask your wife about this breed, Commissioner, since it's from Brazil. They're called Fila Brasileiro. City of Miami Page 50 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Reyes: Yes, that's a huge -- Commissioner Diaz de la Portilla: Yeah, they're huge. Commissioner Carollo: Not too big; they're small. Commissioner Reyes: Oh, yes, they are big and strong, and mean too. Commissioner Carollo: My first Cachasa was six foot tall when you lifted him up. Commissioner Reyes: That's right. Commissioner Carollo: 225 pounds. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: Wow. Commissioner Reyes: That's right. Yes, they are huge. Commissioner Carollo: Beautiful red dog. Commissioner Diaz de la Portilla: 1 always picture you, Commissioner Carollo, with like a little dog, you know. Commissioner Reyes: Yes, like a poodle. Commissioner Diaz de la Portilla: Like a little poodle (UNINTELLIGIBLE). I always imagine it that way. I don't know why. Commissioner Carollo: You're right. You're right, but you know -- Commissioner Diaz de la Portilla: Because you're a softie. I know that deep down inside, you're a softie. I know. Commissioner Carollo: Yeah, I outgrew them. I outgrew them. But I do have a rat terrier. They're small. Commissioner Reyes: The rat terriers are -- they are vet., smart, and they are very good dogs. I had one back when I was a kid in Cuba. Commissioner Carollo: Right, you know, if you guys would let me, I'll bring him to City Hall. I think, you know -- Commissioner Reyes: Absolutely. Commissioner Carollo: -- he'd do quite well here. Commissioner Reyes: No problem with me, man. Commissioner Diaz de la Portilla: Absolutely. Commissioner Reyes: No problem with it. Commissioner Carollo: It's an American breed by the way. Commissioner Diaz de la Portilla: (INAUDIBLE). City of Miami Page 51 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Chair Hardemon: To clam, there's a motion on the floor. It's a motion for a continuance to the January meeting. Commissioner Diaz de la Portilla: I second that motion. Unidentified Speaker: Yes. Chair Hardemon: That was the motion, right? Commissioner Reyes: It's a motion, and that was second by -- Chair Hardemon: Right. Mr. Hannon: And that will be the January 14, 2021 City Commission meeting. Commissioner Carollo: That'll be fine. Chair Hardemon: And just for -- just to solve this unreadiness that I have, how -- what's their current agreement, Madam City Attorney? Do we know their current lease agreement? Ms. Mendez: A revocable license agreement. Chair Hardemon: Okay. So how -- is it in a time period? Is it expired, or is it --? Ms. Mendez: It's a revocable license that we can revoke at any time, or it goes month to month. Chair Hardemon: Okay. So right now it is -- we're on month to month, or is it just this open --? Ms. Mendez: No. It's a revocable license agreement until it's revoked. Chair Hardemon: Exactly. Ms. Mendez: So you could just go -- Chair Hardemon: They have a license to be there. Nothing's different; this is status quo. Ms. Mendez.: Right, correct. Commissioner Carollo: (UNINTELLIGIBLE) what I said before. And they haven't had all these years any problems being in their revocable license. I don't know what the -- you know, what's the itch now that they got. Chair Hardemon: All right. So any -- all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Against? Motion carries. Mr. Hannon: Chair, I just want to make sure. Is that 5-0? Chair Hardemon: It appears to be, yes. Commissioner Reyes: Yes. City of Miami Page 52 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 City of Miami Page 53 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 PH.5 7798 Department of Finance RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S WRITTEN RECOMMENDATIONS AND FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A", PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR ADDITIONAL COMPETITIVE SEALED BIDDING METHODS AND PROCEDURES AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"); AMENDING AND SUPPLEMENTING THE PROVISIONS OF RESOLUTION NO. R-19-0207 ADOPTED MAY 23, 2019, ATTACHED AND INCORPORATED AS PART OF COMPOSITE EXHIBIT "A" ("MASTER RESOLUTION"), FOR THE CITY OF MIAMI'S ("CITY") TAX-EXEMPT MASTER VEHICLE LEASE PURCHASE AGREEMENT, ATTACHED AND INCORPORATED AS PART OF COMPOSITE EXHIBIT "A" ("MASTER AGREEMENT"), WITH SANTANDER BANK FOR THE PROVISION OF CAPITAL FINANCING FOR THE ACQUISITION OF POLICE VEHICLES, GENERAL LIGHT FLEET VEHICLES, GENERAL HEAVY FLEET VEHICLES, AND FIRE APPARATUS VEHICLES AND FOR PAYMENT OF THE FINANCING COSTS OF THE SAME IN AN AMOUNT NOT TO EXCEED THIRTY-SIX MILLION DOLLARS ($36,000,000.00), WHICH WAS ORIGINALLY ADVERTISED PURSUANT TO THE REQUEST FOR PROPOSALS ISSUED APRIL 22, 2019 BY THE CITY'S FINANCIAL ADVISOR PUBLIC FINANCIAL MANAGEMENT, INC. ("PFM") WITH THE ORIGINAL SELECTION OF THE PROPOSAL SUBMITTED BY SANTANDER BANK; APPROVING THE CHANGES OF MAXIMUM INTEREST RATE AND INTEREST RATE CALCULATION FORMULA AS DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED, FOR THE SECOND DRAW NOT TO EXCEED SIXTEEN MILLION, THREE HUNDRED EIGHTEEN THOUSAND, EIGHT HUNDRED SEVENTY-SEVEN DOLLARS AND NINETY-EIGHT CENTS ("SECOND DRAW') AND ANY FUTURE DRAWS THEREAFTER UNDER THE MASTER AGREEMENT THROUGH MARCH 30, 2021 FOR THE REMAINING TOTAL AMOUNT UNDER THE MASTER RESOLUTION AND MASTER AGREEMENT NOT TO EXCEED TWENTY-SIX MILLION, SEVEN HUNDRED FORTY-THREE THOUSAND, SEVEN HUNDRED TWENTY-ONE DOLLARS AND FORTY-FOUR CENTS ($26,743,721.44); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SUPPLEMENT AND AMENDMENT TO THE MASTER AGREEMENT FOR SAID CHANGES IN THE MAXIMUM INTEREST RATE AND INTEREST RATE CALCULATION FORMULA FOR THE SECOND DRAW AND ANY FUTURE DRAWS THEREAFTER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND TAX-EXEMPT LEASE/PURCHASE COUNSEL, AND ANY AND ALL OTHER AMENDMENTS AND DOCUMENTS REQUIRED BY SAID MASTER AGREEMENT PROVIDED THAT THE TERMS ARE CONSISTENT AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND TAX- EXEMPT LEASE/PURCHASE COUNSEL; FURTHER AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE SAID LEASE/PURCHASE ACQUISITIONS OF THE CAPITAL City of Miami Page 54 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 EQUIPMENT TO BE FUNDED BY THE SECOND DRAW AND ANY FUTURE DRAWS UNDER THE MASTER AGREEMENT, AS AMENDED, THROUGH MARCH 30, 2021, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-20-0315 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Chair Hardemon: Is there a motion on PH.5? Commissioner Diaz de la Portilla: So moved. Commissioner Reyes: Second. Chair Hardemon: Moved and seconded. Any discussion? Vice Chair Russell: Yes, Mr. Chairman. Chair Hardemon: You're recognized. Vice Chair Russell: Just briefly, I'm very happy to note that we are including the purchase of hybrid vehicles in this lease extension. So my understanding is we've already, purchased about 234 hybrid vehicles in changing out our fleet, and our goal is to get up to 500 of our total 2,200 vehicles to be hybrid. So that's a good move on our part, not only financially with this lease program, but also in the vehicles that they're purchasing. Chair Hardemon: Wonderful. Commissioner Diaz de la Portilla: Very good. Chair Hardemon: Seeing no further discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: The motion carries. Commissioner Diaz de la Portilla: Mr. Chair. Chair Hardemon: You're recognized, sir. Commissioner Diaz de la Portilla: Commissioner Russell, I'm curious. You have other people in the room there with you? Vice Chair Russell: There was a briefing in here a little while ago with about six people, so I'm just letting the air clear a little bit. Commissioner Diaz de la Portilla: Okay, but you will take off that mask, right? I mean, even Kamala Harris yesterday wasn't wearing a mask. City of Miami Page 55 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Chair Hardemon: No, it goes with the superhero look. Commissioner Diaz de la Portilla: 1-- you know, since we have the Sunshine Law, we can't really talk to each other. But I can tell by facial expressions -- you know? -- some of us have more of a poker face than others. You don't have a good one, Commissioner Russell, so I can -- I need to see your whole face to figure out which way you're going. Chair Hardemon: Okay. I know that the Clerk informed me that -- this is a body, right? The Clerk informed me that PH.4, that Commissioner Carollo wants to discuss -- be a part of the discussion on PH.4. And so, 1 mean, it's up to us if we want to do some more business before we go back to it. Commissioner Reyes: Yes. Chair Hardemon: Okay, so I just want to -- Commissioner Reyes: Let's keep on going and go back when he's present. Chair Hardemon: Okay. END OF PUBLIC HEARINGS City of Miami Page 56 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 RE - RESOLUTIONS RE.1 RESOLUTION 2525 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE CITY MANAGER'S RECOMMENDATION APPROVING THE FINDINGS OF THE SELECTION COMMITTEE THAT VIRGINIA KEY, LLC, ("PROPOSER") IS THE TOP RANKED PROPOSER FOR REQUEST FOR PROPOSALS NO. 16-17-011, LEASE OF CITY OF MIAMI-OWNED WATERFRONT PROPERTY FOR MARINAS/RESTAURANT/STORE USES LOCATED AT APPROXIMATELY 3301, 3605, 3501, 3311, & 3511 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA ("RFP"); AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE ("LEASE"), SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY ATTORNEY AS TO FORM AND CORRECTNESS, FOR AN INITIAL TERM OF FORTY-FIVE (45) YEARS, WITH TWO FIFTEEN (15) YEAR RENEWAL TERMS AND PAYMENT OF A MINIMUM GUARANTEED ANNUAL RENT EQUAL TO TWO MILLION TWO HUNDRED THOUSAND DOLLARS ($2,200,000) INCREASED ANNUALLY BY THE GREATER OF 3% OR CPI ("BASE RENT"); TOTALING APPROXIMATELY TWO HUNDRED THREE MILLION NINE HUNDRED EIGHTY FOUR THOUSAND SIXTY DOLLARS ($203,984,060.00) OVER THE INITIAL TERM; SIX PERCENT (6%) OF GROSS REVENUES; APPROXIMATELY EIGHTY MILLION DOLLARS ($80,000,000.00) PRIVATELY FUNDED INVESTMENT TO REDEVELOP THE MARINA IN AN ENVIRONMENTALLY SENSITIVE MANNER, INCLUDING BOAT STORAGE, RESTAURANTS, RETAIL, AND PUBLIC PARKING; FURTHER PROVIDING THAT THE EXECUTION OF THE LEASE IS SUBJECT TO THE APPROVAL OF A MAJORITY OF THE VOTES CAST BY THE ELECTORATE AT A REFERENDUM SPECIAL ELECTION; FURTHER CLARIFYING THAT SUCH AWARD OF THE RFP DOES NOT CONFER ANY CONTRACTUAL RIGHTS UPON PROPOSER UNTIL SAID FAVORABLE REFERENDUM HAS OCCURRED AND A CONTRACT IS ENTERED INTO, AS REQUIRED BY THE CITY CHARTER. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Carollo, Reyes Note for the Record: Item RE.1 was deferred to the November 16, 2020, Special City Commission Meeting. Chair Hardemon: Let's go back to RE.1, RE.2. That's the Virginia Key Marina item. Commissioner Reyes: This was deferred? A deferment was proposed by the Administration, right? City of Miami Page 57 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Chair Hardemon: That's correct. Commissioner Reyes: And Commissioner Diaz de la Portilla wanted to comment on it. Chair Hardemon: That's correct. Commissioner Diaz de la Portilla: Well, what I'm contemplating -- and I don't know if the Chairman will acquiesce or not -- is that this is an issue -- this is like the posterchild for lack of finality. This is six years of this bull, right? Six years. And Miami -- Miami of all cities -- doesn't have a world -class marina. And to me that's shocking. Lawsuits and more lawsuits and, you know, throw out this bid, bring somebody else, different presentations. You know, I've had countless meetings on this with the different parties, different entities that want to build a marina. And this argument and somebody gives a counterargument. And 1 thought -- and maybe I'm being silly, but I thought that instead of deferring and deferring it for another six years, that we begin a process of having a conversation, having them come before us and present both sides, not two minutes -- because you can't explain something like this in two minutes -- but whatever the Chairman thinks is proper. And say this is what we're proposing. This is what we're going -- the capital improvements we're going to make to this property, the marina. We're going to pump 115 million, 120 million, whatever the amount is. This is what we're going to pay the City, and this -- it's going to take us three years to build it out, or four, or five years, whatever it is. And then have the other side come and say, "Hey, this is what we're going to do. These are the capital improvements." The same thing. And then we can make an intelligent decision how we -- and then have our lawyer come in, our City Attorney come in and say, "Well, if we do this, these are the legal consequences. If you don't do that, these are the legal consequences. " And then in the Sunshine, in the open, we all understand. We can all ask the questions that we need to ask. Maybe a little bit tedious, maybe a little bit long, hut that's what we're here for. And I know that Commissioner Hardemon has -- and Commissioner Russell have been here when this all started. We -- one of them is moving up to the upper body, and I think he wants to have this conversation before he leaves. And I think that the other Commissioner -- it's in his district, and he wants to have this conversation. And the three of us that came after, we think -- I guess I think that this is a City-wide issue as are other projects that we're doing. That it's not about districts; it's about what Miami looks like to the world. Are we going to have a world -class marina? Are we going to have world -class landmarks, sites that people look at Miami and say, well, we have -- you know, whether it's an administration building, whether it's a marina, or whether it's a stadium, Commissioner Reyes, or not. What it is, it is a question of whether we're going to have these conversations sooner rather than later. And in the kind of economic situation we're in right now, in the downturn that we have right now, the holes that we have to fill, I think sooner is better than later. So what I wanted to do today -- and I propose to do today if the Commissioners agree, or the body agrees -- is that we have these presentations. They come, they give their arguments. What's in it for the City? What's in it for Miami? What -- how much can we get from them? What revenue we can generate? And can we, in fact, at the end of the dav, build a world - class marina for a world -class city with the proper capital improvements, with the proper financial wherewithal? What do they offer? What each of these two sides -- it's really two sides that (UNINTELLIGIBLE). You know, really, what's before us is not two sides. It's accepting a recommended proposal from a recommended bidder. That's what's before us today. But let's not fool ourselves. That's not the debate we're having. The debate we're having is with two fighters -- an incumbent that's there now that is not leaving, and we have a winning bidder that's before us today. But I think both sides have valuable arguments. I've heard both sides. I've heard some accusations. You know, it's gotten a bit personal, I get it. you know, it's a lot of money involved. It's a lot of interests involved. It's a lot of issues to discuss. What better -- isn't it better that we do it in the open and start it today, and maybe. finish it on the 22nd, or finish it today maybe so we can come to an agreement? And get with the City Manager -- we City of Miami Page 58 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 have a new City Manager -- what his perspective is on this. And that's my thinking. And Mr. Chair, I don't know what your thinking is. I hope it's in line with mine that we kind of say let's talk about it. Chair Hardemon: You're recognized -- Commissioner Diaz de la Portilla: And let everybody hear what our opinions are and (INAUDIBLE) our opinions because we're the elected body. We make the ultimate decision. But what each side has to offer to our city. Chair Ha 'demon: I want to recognize Commissioner Reyes, and then the Vice Chairman, and then I'll speak. Commissioner Reyes: I know that this -- we have to finalize this problem that we encountered when we first got here --1 myself when 1 was elected. And to that effect -- and I think that Commissioner Carollo and myself, we asked for an audit of the marina and to look into the possibility of instead of granting it to an outside (UNINTELLIGIBLE) outside manager, that we could take possession of the marina and do the improvements as we can do -- or maybe we can be -- I mean, it would be more benefit to the City of Miami to have the marina and to also -- instead of having this huge, big project that they have -- that it was (UNINTELLIGIBLE) that it is the marina plus all the stores and restaurants that's surrounding the area that we are -- what we're doing is we're commissioning this to a group of people that they don't have expertise in those areas; to separate them and have two separate bids, you see? And that what 1 am proposing, Commissioner Diaz de la Portilla, is that we wait until that -- it's almost finished -- audit report comes in. And we will have a base by which we can make a decision and analyzing everything that you have mentioned, and also, the possibility of us taking over the marina. And I think that's going to be -- I mean, I think at the beginning of next month, we will have it. Our Commissioner is going to be here until the -- I think in the first meeting of November, and maybe we can have that report. And then we can sit down and have some numbers, some information, and we can make a very educated decision. Commissioner Diaz de la Portilla: Well, Commissioner, I'm amenable -- by the way, I'm open to the idea that the City takes over the marina. I want to hear from our attorney whether we can do that or what the settlement agreement that we have with the existing operator allows us to do that. But not yet, Vicky, hold on. Just I want to ask at the right time. I'm getting there. So there's a settlement agreement that we have, and I want to make sure that we could actually take over -- immediately take over that marina and run it, so I'm open to that idea. My understanding is that -- and I was going to introduce the pocket item, which I made a mistake earlier this morning. I didn't introduce a pocket item about continuity of government that I wanted to talk about, about who's going to replace -- although it hurts me, it pains me, we're going to have to eventually replace our chairman with a new Commissioner. So I want to talk a little bit about that a little bit later, so I'm going to introduce a pocket item a little bit later and maybe give some opportunity for public input, perhaps. But he's not going to he here on the 19th. I think he leaves effective the 17th, Commissioner, or the 18th? Commissioner Reyes: 17th. Commissioner Diaz de la Portilla: And I think that we may have a special meeting or I may request -- or another Commissioner may request -- Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: -- a special meeting to name his replacement because we have to have continuity of government. And I want him to have a say in City of Miami Page 59 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 what happens with this project. So the November 19th meeting may be too late if we took that into account. Now it could he another duly -named or elected and duly - named representative of that district. But 1 think all five -- because it's a City-wide project -- Commissioners, all five constituencies should be represented in that decision. It's a big deal. Commissioner Reyes: Yes, it is. Commissioner Diaz de la Portilla: This marina is a big deal. And so every citizen should have a say, should have a representative -- their Commissioner -- duly -elected Commissioner to come and say this is what we think should happen or not. So my thinking was to try to -- that's why I wanted to do it today, to have the con -- to begin the conversation -- Commissioner Reyes: Begin the conversation. Commissioner Diaz de la Portilla: -- and then continue it on the 22nd if we have to. Commissioner Reyes: (INAUDIBLE). Commissioner Diaz de la Portilla: And maybe who knows, sometimes miracles happen and we -- maybe at the end of the night, at 3 or 4 in the morning, we -- at 3 or 4 in the morning, we decide that we -- you know, after some Red Bull or some coffee and some wine or whatever, we decide that we want to vote it out at 3 in the morning and we get something done. And we find -- we get some finality with this issue because 1 think -- look, 1'll repeat it. I know it's like a broken record, but six years -- Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: -- of this. It's absurd. We have to find a solution. There's politics involved. There are relationships involved. I get all that. I'm involved in that too. But at the end of the day, we're -- I know we're all going to do what's best for the City of Miami. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: We have local issues. You know, we want local participants. We want real capital improvements. We want real serious money to City's specifics, how much money to the City every year over the 75 year period. How much --? What's the difference between one bidder and the other bidder? So that we can make an intelligent decision. Because I get different opinions from -- every time -- obviously, every time one side comes to me and gives me a whole presentation, then the other side comes and rebuts that presentation and it's back and forth. And no, that's not true, and then there's some personal stuff that we can throw away. There's some issues because it's just personal stuff that I don't think really matters. Then there's, you know, the Cuba issue that I know was discussed before I was elected, and we go back and forth and all this. But we don't muddy the waters and we just have an opportunity for the respective representatives -- I think it's Mr. Dotson on one side and Mr. De Grandy on the other side -- and say this is what we're offering, this is why we're better than the other. And then we can make a decision as to what's in the best interest of the City of Miami irrespective of anything else. So I just want to start the conversation. I don't want -- I'm not saying we end it today. I'm saying let's start it so at least we make some progress, we move forward, and we get some questions answered. Commissioner Reyes: I'm glad you (INAUDIBLE) -- Chair Harden -ion: I want to rec -- City of Miami Page 60 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: That's my thinking. Commissioner Reyes: I'm glad you did. But the only thing that I'm offering is -- and I'm glad that we start this conversation. What I'm trying to offer is that we are -- we can even call a special meeting at the beginning of November -- you see? -- after the election in order to solve this problem. And we will have some information that 1 think that it will be extremely helpful for us because -- particularly for (UNINTELLIGIBLE) because you want to know how much are we going to receive, what is the potential of how much we can receive in order to make an intelligent decision. So with this report, what I'm trying to find out is the potential of that marina and what will be the best course of action according to the information that we receive. Commissioner Diaz de la Portilla: So I had the DREAM (Department of Real Estate and Asset Management) folks yesterday in my briefing. We stayed over after the briefing and talked a little bit about the details. I'm sorry. Through you, Mr. Chair, I apologize. The -- talked to me, and I think Jackie Lorenzo and some of the other members of the DREAM team came to me and tried to give me some specifics on how many dollars. And the most interesting thing that I found about that conversation was that they -- that DREAM argues that these numbers are floors, not ceiling. That's the way it is in Tallahassee, and we did that with the gaming compact with the Seminoles. We negotiated a contract after we approved the settlement agreement. And we came back and said, "Well, you know what, 220 million wasn't enough. We want 280 million." So what DREAM explained to me yesterday, the representatives of DREAM, Dan and others, they said, "You know, this is a floor. Maybe we can negotiate 3 million or 3.2 million." My understanding is that the current marina -- from what I hear, not from any particular vendor, just 1 hear from marina -- because I also go outside the people that have a vested interest, and I asked two marina operators, independent of -- they're not bidding for this. They have no interest in this -- that that marina they estimate is probably making about 8 million bucks a year, all right? So, one of the contracts has 6 percent of gross sales; the other one has no gross sales is my understanding. And then they're paying us 2 million, 2.1 or 2.5, whatever the difference is. That's what I want to know. Because they're making 8 million and there's a lot of operating costs. The guy told me that. He also told me -- you know? -- yeah, let's say that each side is making 2 million, and you know, it's 8 million total, and then two and two; two for the City, two for the operator. If we operate it ourselves -- as Commissioner Reyes suggests -- well, you know, hey, we could make a heck of a lot more money -- right? -- for the City. Not that I'm a big believer in government -- as I've said many times -- operating anything, but at least in the interim before we maybe perhaps do a new RFP (Request for Proposals) -- because I would love -- I'm new to this (UNINTELLIGIBLE). I've been reading about it for six years. I was reading about it when I -- you know, when I wasn't even thinking about running for City Commission. And it's always, you know, a front page local news article about it falls apart; there's a lawsuit. There's' an appeal; they lose the appeal, or they throw out the bid. It's over and over and over again. So what I want to do is I want to have the information in an open forum where -- Commissioner Reyes: Fantastic. Commissioner Diaz de la Portilla: -- people can't lie, or people can't deceive, or people can't, you know, fudge the numbers. And not that I'm saying any of this has happened, butt prefer to do it openly so that people -- so that everybody -- so that our City Manager and our DREAM members can come and say, "No, that's not true. This is actually a floor, and we could actually get 3 million from them. Or this is how much they're really generating." We tabulate all those things. And we have to make sure that we have every detail before we make the decision. So I figured -- Commissioner Reyes -- we're going to have a conversation today maybe, another conversation on the 22nd. And I agree, a special meeting maybe on the 6th or the 7th -- it can't be the 4th City of Miami Page 61 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 because Commissioner Hardemon is going to he celebrating, or recovering from a celebration, or maybe still celebrating, so it can't be the 4th -- right? -- but it's got to he at least the 5th. And maybe we have a meeting on that Thursday, and we come in and we have a meeting just for that, so we settle this problem, and we move on to the next big deal. Commissioner Reyes: Once jbr all. Commissioner Diaz de la Portilla: But for us to have all the questions that are asked, as many as can be answered can be answered, and then we continue, and then we get -- we make an intelligent decision. Because 1 don't want it to be my bad that I don't have enough information. I wasn't here when this RFP was drafted. Commissioner Reyes: I wasn't here. Commissioner Diaz de la Portilla: I wasn't here when it was given. I wasn't here when all this happened, butt have to vote on it. So it's on me thatI vote on something that is a good vote, is a right vote based on all the information I can have. I can't change what the RFP said. I can't change all the legal maneuvering that took place before, but I can sure as heck make a good decision based on good information now. So then ifI make a bad decision and I vote the wrong way, my constituents will punish me. But at least I can't blame it on anybody else but myself And I want to make sure -- and if7 make the right decision, they'll reward me, and that's what I want. 1 want to represent the people who elected me, and 1 want to make every decision, especially when it conies to big -ticket items like this one, with all the information in the world, even if it's conflicting information. At least it's out there, and we can talk about it, and we can debate it, and we can go back and forth. And that's just the way I'm thinking about this issue. The same way I'm going to do this, I'm going to try to do it at least on every big -ticket item that we have. Commissioner Reyes: I agree with you 100 percent, and that's why we need all the information we can get. The -- an audit is being performed, and I think that is going to be finished -- it's going to be before November. And I'm going to try to get the Auditor General to -- I mean, my information that I have it's almost finished, and that will be an additional information that we will have, and how it is operating, and the potential that that marina has of additional revenues and so on. And I think it would be helpful just to help a little bit. And then just as you stated, we have a special meeting, and we analyze all the -- every one of the different possibilities, including taking over it, and we vote. And we make a decision based on that information that we receive. And I agree with you, we have to finalize this. I agree. Chair Hardemon: Commissioner Russell. Commissioner Carollo: Chair. Chair Hardemon: Well, I called on Commissioner Russell. He's been waiting patiently. You're recognized, Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman. So, Commissioner Diaz de la Portilla, I felt exactly the way you do right now when I came in and inherited this -- the first RFP, the first version, which we ended up throwing out after giving it good review and understanding the scoring. And the challenges that came from that were so difficult amongst us and the applicants, and it consumed so much time we created a special master system simply just because of that, to deal with the challenges to the RFP so that we wouldn't have to put ourselves in that same situation again. But I agree with you. We should be the ones making the decision, and we should do it as promptly as possible, and we should do it with the right information. But what we want to make sure of and be most -- what we want to have most important is that the City of Miami Page 62 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 decision we make is binding and solid to challenge. And I think that's where we really need to rely on our Procurement Director, to rely on our City Attorney. There's another person here that's new in this decision in addition to yourself and that's the City Manager. The recommendation that is before us on this agenda is from a previous City Manager after their analysis of the scoring. And so I believe the correct process is for that Manager to put forth what his recommendation is. Right now, we're dealing with a stale recommendation. And we all have our reasons. We've hashed out a lot of things we like and don't like about the different applications and problems, and we don't need to go through those now. But I believe once we get -- you know, and that's what I've been waiting to hear from -- where does this Manager stand on the recommendation to the Commission? Because the process is the scoring happens, he makes the recommendation, we accept or deny the recommendation. And my worry is if we create our own procurement process where we are interviewing and basically doing our own scoring, that they may be able to -- whoever loses, may be able to come back and say we violated our own process. And I don't know that that's the case. I just want to make sure that this is all blessed by the City Attorney and Procurement and the City Manager. But I'm with you; the sooner the decision the better. Commissioner Diaz de la Portilla: But where does this Manager stand? That's a legitimate question. Chair Hardemon: Before we bring the Manager in on that, are you finished, Vice Chairman? Vice Chair Russell: Yes, thank you. Chair Hardemon: 1 want to call on Commissioner Carollo. Commissioner Carollo: Thank you. Chair Hardemon: You thought I was going to forget about you? I can't -- Commissioner Carollo: No, no, no, no. I know you'll never forget about me because I'll remind you. Chair Hardemon: Exactly. Commissioner Reyes: That's a fact. Commissioner Carollo: Look, I'm going to tell you all right now the one idea that has been proffered that I'm not going to bite into is for the City to run it and let me explain to you why. If we were the private sector, the private sector would have fired everybody that we've had running the dry dock marina next to this marina. The dry dock marina there is part of what they're supposed to take over in the bid process. It's a shame, a real shame how that marina has been run with no caring how much money it brings. I mean, even during this whole ordeal where we all knew we were going to lose so much money, someone made the decision that, oh, they were going to give 15 percent -- or was it 25? -- I don't know, one or the other. I think it was 25 -- to -- back to the people that were putting the dry dock there. Now, we have the lowest prices compared to the private sector. We're like -- about 50 percent or more below them. So on top of that, without counting on us and not contemplating the financial problems we are going to have because of COVID-19, someone took a decision upon themselves that it wasn't enough that for the dry docks they pay 50 percent or more below market value, but they were going to give them 25 percent back. That marina is one of the biggest examples that I could point to you why the City of Miami -- at least in the marina business -- has no business getting involved in running anything itself Now, let me go further. Let me go back, yes, to the time that I was Mayor. There was a group of people that had bought the lease where we have the dry docks that we run City of Miami Page 63 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 today. Next door to it, the place called the Hud, or I don't know what it's called now. And they were going to make an offer for that portion of the marina there that we're running today, and apparently, they were making a big offer to the father of the individual that's running the marina today to buy that lease from them. And they wanted to combine it and ask for an extension for all those properties. They were offering up a pretty reasonable amount of dollars, but I made a mistake -- and I say it sadly, -- to have listened to the marina manager that we had at the time, Ms. Abrams, that convinced me that if we run it ourselves, we could make much more money. Let's not give them anything. And the outcome has been the failure of having the City run it fir all these years and the loss of revenue that we've had versus the private sector running it making their profit and we made more than by running it ourselves. I don't know what's going on in there, but you know, I'm amazed that there's an audit on this marina, but there's no audit on the dry dock marina that we're doing. Who knows what you're going to find there? And I mean who knows what you're going to find there? Commissioner Reyes: Let's do it. Commissioner Carollo: Maybe that's one that we ourselves should do an investigation on and see how many people are putting boats there that are not paying, if we are getting all the money that's being paid by boats that are put there or not. Because I can't believe that throughout the years, we've gotten so little money out of there. And like everything else in the City, there's no accountability, nobody has to worry about losing their job, or even getting hit in the hand here for once. So for all those reasons -- and 1 might add that those nice (UNINTELLIGIBLE) that wanted to combine all these dry dock marinas and the actual boat slip marinas and do that whole project, when I had listened to the marina director, they went after me like, you know, the revenge of -- well, I mean, I'll say that I'm not going to be politically correct, but with major revenge in the next election that I had. So gentlemen, there's no way that you're going to convince me -- and certainly with the lack of accountability in the people that we have running the marina operation -- that I'm going to go and vote to let the City run this marina. Because I know what's going to happen. It's going to be run down. We're going to get less money than ever before in a short time, and it's going to be the same thing as the present marina where the dry docks are at. I actually feel responsible not to have gotten the City more money, which I did, but this should've never have gotten to this point that we waited so long to take this on. When I asked the present marina operator to provide $100,000 more -- which he has -- and even though he had no guarantees and he guarantee -- he never guaranteed us that he was going to be -- do it every month, he's been paying the 100,000 every month. And in fact, has paid us more already on a yearly basis than the other group would've paid us. But the difference is that he didn't have the benefit of having the extra income that he was supposed to have in the lease of the dry dock marina that we're not making anything from. Then on top of that, if we were to add the amount of money that we're making in that marina, besides him taking us more than whole, we were making a lot more now. So I think it's right for us to decide this one way or another. We've been kicking around this can for a long time. More than ever, we need to bring the most amount of income to the City and the stability of that income. And yes, it's very clear that with either one of these two firms, we don't have to agree to the amount that they've offered. We could ask for more and negotiate but for more. The question is which of the two do we think deserves that shot to be able to negotiate for more from the City of Miami. But the bottom line is going to the route of us running it ourselves for all the reasons that stated here, there's no way that could go that route. Commissioner Reyes: Okay. And I -- Chair Hardemon: Before you -- (INAUDIBLE) go back to Commissioner Russell because I know you were going back and forth with the Senator so I'm going to recognize him. You're recognized, sir. City of Miami Page 64 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Vice Chair Russell: Thank you. Commissioner Carollo, it doesn't happen every day, hut Pm going to agree with you with at least two, maybe even three things of what you just said, which is very true. One -- Commissioner Carollo: A lot more than you disagree. Vice Chair Russell: -- you absolutely negotiated a better deal for us that what we had sitting there, and you pulled that out of your back pocket. You negotiated it, and over $1 million a year is coming to the City because of that, plus it bought us the time to decide this properly without losing money and without kicking anyone out, and without -- while still providing a service, so thank you. That was really good. The other thing I completely agree with you about is about us running our own marina. I wish we could have nice things. I really want us to be better stewards of the assets that we have. And for me, it's not about the manpower because 1 really think Mari (phonetic) does a great job at Dinner Key Marina. Anthony does a great job around the -- all of them. We may disagree on that, but I think the bigger problem is about deferred maintenance, upkeep, and investment. If you look right out the window at Dinner Key, after Hurricane Irma, all the other marinas got up and running. They all got their FEMA (Federal Emergency Management Agency) money. They all got their insurance money. We are still not able to ribbon -cut those piers. And for whatever those reasons are, it may be just the inherent problems with bureaucracy and the public sector. But also the investments that can come when someone has a longer term lease and they invest -- if you really want a state-of-the-art modern marina, you know, 1 think we need to find the right partners for that, so I agree with you on that too. And 1 agree with you we need to do it soon and pick of the two. I've been clear about where my position was on the previous Manager's recommendation. The winning bidder was not only the creation of Biscayne Bay's largest contaminated spill in its history, they withheld that information from their first bid. And you know, whether you're going to punish them forever about the spill is one thing, but for them to have withhold it from the bid and not entered that as -- you know? -- relevant information, I felt that was deceptive. And for Commissioner Reyes and the other issues you brought up, where they may or may not have built marinas around the world and things like that, I -- you know, I have a feeling where the basic temperature of this dais was before we shut down for COVID and haven't talked about this. But like Alex said, I would really like to see where the Manager is on this, and I haven't heard that yet, and I think that's the right process for us to really do it. Chair Hardemon: Commissioner -- Commissioner Carollo: Before -- Chair Hardemon: I'll let you respond, Commissioner Carollo. Go ahead. Commissioner Carollo: Before the Manager will speak, Mr. Manager, through you, even though I'm not sure if he works for us directly and we don't have to go through you, but still, I'd rather go through you so it could be friendly. Could you ask the Auditor General that did this report to come online now please? Because today is the first that I've heard that there was an audit being done here. Commissioner Reyes: We asked for it. Commissioner Carollo: And I'd like to get a little more information. Commissioner Reyes: Okay. Chair Hardemon: Commissioner Reyes, I want to recognize you. City of Miami Page 65 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Reyes: Yes. And Commissioner Carollo, you might not remember, but we asked for it. We did direct the Auditor General -- you and I -- that -- to bring a report, and we've been waiting for it. And I also want to know --1 mean, 1 don't want to get into a discussion. 1 know the inefficiency of government is something that it is refutable, that government is very inefficient. And a couple of times, I've stated that on the dais. But I want to know what are the alternatives that we have, Victoria, in getting either probably a new RFP or what it is -- how can we make a decision that it won't land us in court and try to get -- if we decide on an alternative route, I mean, what do we have to do? I disagree that we cannot run a marina because I think that we -- we, as government -- because in other time -- and because we have departments that they would be inefficient, it doesn't mean that that have to be in perpetuity. It is from us, elected officials, to demand efficiency in government and efficiency when they are administering our assets. And the example of the marina that is right behind what happened after the hurricane, it is because the previous Administration was sitting on you know their what, and they were waiting for FEMA instead of starting the construction and getting the money from FEMA later, you see. That's the problem there. And that is only inefficiency. That is all it is, inefficiency. And probably we can do it. Probably we can take it and run it for a couple of years or one year. Probably we can really, be -- I mean, learn that there is great possibility to tremendously increase our revenues because we are charging less -- a lot less than private marinas doesn't mean that we have to keep the same rates on it. I mean, what I want to know is, I don't want to tie our hands. I want to know all the alternatives that we have, and how -- what can we get a deal or a future deal that will be more beneficial for the City of Miami. That is what we all want, you see? That is all -- what we all want. And I'm going to tell you, 1 don't have no preference in this, you see? And 1 wasn't here, just like Commissioner Diaz de la Portilla and yourself We were not here when this happened. And 1 don't have preference. And 1 have informed both parties that I don't have no preference. I have my doubts about both parties too, that I have stated publicly, you see? I have stated publicly, and that's why I said maybe we can look at a third alternative. And I want Victoria to let us know what possibilities we have into looking into another alternative. I mean, how legally (UNINTELLIGIBLE). Chair Hardemon: If -- look, if we're going to have a special meeting about this, let's not waste time today talking. Commissioner Reyes: Okay. But -- Chair Hardemon: Set it to the next -- the -- I mean, Commissioner Diaz de la Portilla, he had a date that he had in mind, considering some different dates. I would suggest that we set it so that we can get through this agenda -- Commissioner Reyes: Okay then. Chair Hardemon: -- address this, readdress this, and just tackle it that way. We can let -- it was lost upon me that many of you weren't there when this thing first started, and this thing -- I mean, it started, came to an end -- Commissioner Reyes: Yeah. Chair Hardemon: -- it started again, extended itself So, you know, I'm seeing the item, but I really didn't realize that so many of you weren't there when this thing initially came up. So it's a monster of an item to inherit, and I think it is fair if you want to -- if you're asking to have a meeting dedicated to it, because it's such a big issue, I mean, I don't mind. It's just that -- well, I just want to then move all of the discussion about it to that. Okay? Commissioner Diaz de la Portilla: Well, Mr. Chair -- City of Miami Page 66 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Chair Hardemon: Yes. Commissioner Diaz de la Fonda. I'll defer to you, to your ruling, but 1 want --1'm the new kid on the block. Chair Hardemon: Yes. Commissioner Diaz de la Portilla: I'm old, but I'm the new kid on the block -- in this block, at least in this block. Commissioner Reyes: What are you talking about, man? Commissioner Diaz de la Portilla: I feel young in this block I'm in right now, right? Okay. So I'm at a disadvantage. I don't know the issue as well as other Commissioners who've been here a long time. And all I wanted was at least to get some sort of presentation. If you limit the amount -- Chair Hardemon: Right. And I do -- Commissioner Diaz de la Portilla: -- five minutes. Chair Hardemon: That's what I'm saying; that we've had a -- Commissioner Diaz de la Portilla: Because the problem that 1 have is that 1 want to see where our Manager stands -- he's a new Manager -- what our City Attorney thinks, and we're not going to allow the bidders to present -- I understand that; probably could do that in the meeting, the special meeting. But at least 1 want to know on the record what our Manager thinks -- our new Manager -- Chair Hardemon: Right. Commissioner Diaz de la Portilla: -- what our City Attorney thinks so that at least I know where we're moving and what direction we're -- what options are available to us, so I could give it some thought between now and our special meeting. Chair Hardemon: Okay. Commissioner Diaz de la Portilla: I fear that if we only -- if we take everything to one meeting, then we're not going to have resolution. It's just the experience -- Chair Hardemon: And I understand that. I certainly want to get this thing resolved myself, so if -- Commissioner Diaz de la Portilla: I know; that's why you agreed when I pulled it off the agenda -- right? -- to be considered individually. I know. I got that. But if our Manager wants to go in a certain direction with what he's going to recommend -- because we have -- you blow -- we need to know. I can have a conversation with him, and he'll tell every Commissioner the same thing, but -- you know -- it depends what questions are asked -- right? -- at the end of the day, because -- you know -- I sort of want to have a sense of where he's moving, and what direction he wants. And more importantly than what the Manager thinks -- I could call him tomorrow and ask him -- is what our City Attorney thinks about the legal consequences. How free are we to act the way we wish to act? Can we do the things we want to do? Are we fooling ourselves? Are we forced, really, legally? Are we -- our hands -- are our hands tied to vote for the item that's before us? Because there'll be a lawsuit in a lot of likelihood, maybe -- and most likely -- that we lose. I don't want to fall into that trap of getting sued and be in the hold for 20 -- and the Flagstone issue is not over again. So our City Attorney has an opinion of where we need to go. Our City Manager is going to City of Miami Page 67 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 have -- he doesn't have to give it now if he doesn't want to. I'm trying to put him on the spot, but 1 don't have to put him on the spot and close him off. But 1'd rather he would say it publicly. But if he doesn't want to say it publicly, I'll do it on the phone and then I'll keep it to myself until the next meeting. But our City Attorney is more valuable now for her legal opinion as to what options are available to us. Can we -- if we pick somebody else, can we then -- are -- can -- is the person that's there now going to leave? Does he have the right to stay, a settlement agreement? Does he get to stay, and we don't pick anybody, and we say nothing. You know, we're not doing anything, does he get to stay in perpetuity? How long does he get to stay? We pick the recommended bidder, do they start paying immediately to the City? I want any -- I want it to be seamless. The money needs to continue to come to the City, because I can't afford -- we can't afford that money not corning to the City. But perhaps if you indulge me, Mr. Chair, and just let our City Attorney to give us some of the legal -- kind of the lay of the land, the legal lay of the land -- Chair Hardemon: Madam City Attorney? Commissioner Diaz de la Portilla: -- for a few minutes, and then we can take it from there. Chair Hardemon: Do you have a comment? Madam City Attorney, you're recognized. Victoria Mendez (City Attorney): Thank you, Chairman and Commissioners. Your options are you can award to the number -one bidder; that's one option. Your next option could be to -- Commissioner Diaz de la Portilla: Is that the safest route -- Ms. Mendez: It's -- Commissioner Diaz de la Portilla: -- legal issue? Ms. Mendez: -- based on everything that you -- whether you feel that this is the best decision for the City, so that -- Commissioner Diaz de la Portilla: No. We can negotiate the best decision for the City, because we already said that's the floor. But we can go to the winning bidder and say, "Hey, we want three million," right? Ms. Mendez.: Right. So we talked to the -- Commissioner Diaz de la Portilla: So that's the details that we can work out. The question is, legally, is that the safest route? Ms. Mendez: I would not like to opine on the -- on that; it just whether you would like to award to the first. You're able to award, okay? Then the second -- Commissioner Diaz de la Portilla: And you don't want to opine, because you don't want to ruin your chances in court? Ms. Mendez: I -- so my -- I like to say as little as possible, because at the end of the day, this will end up in some sort of lawsuit. Commissioner Diaz de la Portilla: Of course. Ms. Mendez: So I ju,st say your options -- City of Miami Page 68 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: Because -- if I may, Mr. Chairman -- because it'll end up in court in some sort of lawsuit, we need to know. Ms. Mendez: Correct. And that's why we brief individually, right? Commissioner Diaz de la Portilla: That's why you're a lawyer. You're our City Attorney. Ms. Mendez: And that's why we brief individually. And I gave you some of -- some discussion with regard to this. But the options are -- just because we've talked a lot about negotiating between one and two, that is not an option. Commissioner Diaz de la Portilla: Okay. Ms. Mendez: So the options are: Option 1, award to the winning bidder; Option 2, throw out all bids; Option 3, throw out -- Commissioner Diaz de la Portilla: All right, City -- Hold on, City Attorney. So we throw out all bids, City Manager. What's that -- and we do a new RFP (Request for Proposals). What's -- can it be an expedited RFP? How quickly do you think that process will -- how long do you think that process will take, and what happens in the interim? You bring the new RFP being issued and granted and everything else awarded. How -- it's -- do we still -- does the current operator stay there and pay us what he :s paying us now during that process? Art Noriega (City Manager): You're asking me or you're asking Vicky? Commissioner Diaz de la Portilla: You're City Manager. That's the City Attorney. Mr. Noriega: Right. So if we -- if you throw the whole process out and you issue an RFP, I guarantee you, nothing about this RFP will be expedited. The processes prior to this haven't been expedited. It's a very detailed project, and I think if you reissue the RFP, it will run its normal course. And then there's -- you know -- as has been the case with all the prior versions of this RFP solicitation process -- there have been challenges, there have been bid protests -- nothing about this process, if you redo it, will be quick. I can pretty much guarantee that. As for -- Commissioner Diaz de la Portilla: And what happens during that period? Mr. Noriega: The existing operator stays. Commissioner Diaz de la Portilla: Okay. So the existing operator stays. Mr. Noriega: Yes. Commissioner Diaz de la Portilla: And can we -- as Commissioner Reyes said, can we take over that marina if we decide to take over it, or the existing operator stays, can we demand that he pay more during that process, or ask him to pay more, him voluntarily pay more is the better way to say it? Mr. Noriega: So the first question is, I think you're asking, if we throw it all out, can we take over; is that the first question? Commissioner Diaz de la Portilla: Yes, sir. Mr. Noriega: Okay. That's a legal question. I'll let Vicky opine on that. Ms. Mendez: Yes. If you throw it out, you could take it over. City of Miami Page 69 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: Immediately? Ms. Mendez: Yes. Commissioner Reyes: And then can we go into an RFP? Ms. Mendez: The -- I mean, based on what you've said on the dais, eventually, you would like to maybe enter into an RFP, but it doesn't -- you don't have to. You can take it over and decide with -- you know -- what you want to do. Maybe when you take it over for a month, you decide that it's the best money you've ever made and you want to continue doing it, or you may say you can't do it and you want to issue an RFP. You have the opportunity to take it over. Commissioner Diaz de la Portilla: Well, there's a balance. There's a balance between what Commissioner Reyes and Commissioner Carollo are saying, right? We throw it out, hypothetically; we take over immediately; we test -- we work with the RFP process that now our new Manager is saying will take forever. It'll take forever. It can't be expedited, even though my hope was that with a new system of government and new Manager that things were being faster, but I guess it's that, right? So it'll last three years. Mr. Noriega: I'm a realist, so -- Commissioner Diaz de la Portilla: Okay. Well, that's why I'm asking. Well, it's a real - Mr. Noriega: I'm a realist in terms of -- I'm a student of history, so I've seen history -- Commissioner Diaz de la Portilla: Yeah, but you -- but sometimes change is good to expedite matters, right? Mr. Noriega: Yeah. Commissioner Diaz de la Portilla: So the idea that it'll take forever -- let's say it'll take a long time. But if the City runs it during that long time, however you define that long time -- right? -- we test Commissioner Reyes' theory. Can we run a marina? Are we doing well? Are we making more money? Maybe he sees that we are, and maybe Commissioner Carollo says, "Hey, we are. Let's keep on doing this, " or maybe it doesn't work, and Commissioner Reyes says, "You know what? No, let's do" -- "let's move forward with the RFP," and then we could decide later on whether we keep running it or we grant -- we award it to somebody else. That gives us kind of a testing period to see if we could -- you know -- whether we could run it ourselves, whether we -- you know -- the new RFP or new bidders are better people, that would give us more money. But as long as -- "Seamless" is the wrong word, but as long as it's -- there's continuous payments corning to the City of Miami, there's continuous profit corning to the City of Miami, I don't care who's running it as long as the money is corning in every month, right? So what happens legally, even according to out settlement agreement, if we can -- if we decide we're going to throw everything out and start from scratch, the next day we can kick out the current guy that's there, right? Right, Vicky? Ms. Mendez: Yes. You could take it over. You are the owner of the property. You can always take it over. You can throw out all bids, take it over. There is your prerogative. It doesn't matter -- the settlement agreement was at a time when we were in the first RFP, and we complied with that settlement agreement, and then some, because we went into a second RFP. We could have taken it over at that time. City of Miami Page 70 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: Right. So you're saying that that settlement agreement no longer applies? Ms. Mendez: That settlement agreement is done. Commissioner Reyes: Absolutely. That's what I wanted to ask. Ms. Mendez: We have complied with that settlement agreement. Commissioner Reyes: Okay. Ms. Mendez: We have complied. Commissioner Reyes: So -- excuse me. So there is no danger of -- by us taking over and going into an RFP -- Mr. Noriega: What he just said -- Commissioner Reyes: -- that we are going to land up in court, you see? That -- Ms. Mendez: We're always going to end up in court. That's not -- I mean, we will end up in court. Commissioner Diaz de la Portilla: Well, no, that's not true. That's not true. There are certain avenues we can take -- Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: -- that there's less of a chance that we end up in court. For example -- Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: -- we award to the current -- to the winning bidder and they indemnf us, right? That's the best legal avenue we can take, because that's less risk for us. I mean, not all risks are created equal, so there are options and choices that we can make that make it -- you know -- legally better for us, right? Ms. Mendez.: Correct. Commissioner Diaz de la Portilla: Okay. Ms. Mendez: But I'm not -- unfortunately -- Commissioner Diaz de la Portilla: It's not that we'll always end up in court; it's whether we end up in court and win or lose, right? Ms. Mendez: Correct. Commissioner Diaz de la Portilla: Right. Ms. Mendez: But we always end up in court. It's whether we -- Commissioner Diaz de la Portilla: Of course, because -- Ms. Mendez: Right. Commissioner Diaz de la Portilla: -- this is a big -money item and -- City of Miami Page 71 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Ms. Mendez: Exactly. Commissioner Diaz de la Portilla: -- there's money, and people are going to fight for money -- Ms. Mendez: Exactly. Commissioner Diaz de la Portilla: -- and I get that. I get that. But I don't care if we end up in court, because that's what happens with these things, but we want to win. Ms. Mendez: Correct, Commissioner Diaz de la Portilla: We don't want to have a Flagstone situation, right? Ms. Mendez: Correct. Commissioner Diaz de la Portilla: We want to win. So you have -- your responsibility, I think, is to advise us if we want the best legal -- that's what I'm asking. I'm not asking about the political decision, the policy decision; that's ours. I'm asking the legal -- your legal opinion on what the consequences of those policies may be. Ms. Mendez: Right. Commissioner Diaz de la Portilla: That's all Pm asking. Ms. Mendez: You first asked me for the options, so I gave you the options. Commissioner Diaz de la Portilla: Okay. You gave me the options. Ms. Mendez: Option 1: Award; Option 2, throw out. And -- Commissioner Diaz de la Portilla: But any -- well -- okay. And Option "B"? Ms. Mendez: -- Option 2 was throw out. Option 3 could be throw out and take over. But at the end of the day, it's either award to Number 1 or throw out, based on your decision. Commissioner Diaz de la Portilla: And awarding it to Number 2, what happens? Ms. Mendez.: That is not something that's contemplated in our Code, and it was not part of this RFP. Commissioner Diaz de la Portilla: Because -- Ms. Mendez: So awarding to Number 2 is not an option. Commissioner Diaz de la Portilla: Okay. Because I -- that's what I don't understand, because -- Mr. Noriega: Yeah. Commissioner Diaz de la Portilla: -- and I asked it different ways yesterday, and I'm not understanding maybe because -- Ms. Mendez: Right. City of Miami Page 72 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: -- I'm kind of -brainwashed by Tallahassee, right? Ms. Mendez: Right. And you are, because -- Commissioner Diaz de la Portilla: We had this happen all the time in Tallahassee. Ms. Mendez: Right. Commissioner Diaz de la Portilla: We'd throw out Number 1 and Number 2 works. Ms. Mendez: Because it's allowed. In Tallahassee, it's flexible. Your State statute is much more flexible in that regard -- Commissioner Diaz de la Portilla: Right. Ms. Mendez: -- and you can negotiate between the first and second. Your -- a lot of your bid and procurement documents are drafted that way. Commissioner Diaz de la Portilla: Right. Ms. Mendez: In this case, it was not drafted that way, and we don't have that then backup provision in our Code that says, "You can always negotiate between 1 and 2." You either have to draft it that way or you have to have to have a Code provision for that -- Commissioner Diaz de la Portilla: Have you ever thought about maybe -- Ms. Mendez: -- and we don't have that in this one. Commissioner Diaz de la Portilla: -- have you thought about moving forward, emulating the procurement process in Tallahassee so we have more flexibility on how we make our choices? Ms. Mendez: Because of your adamant discussions on this issue and how flexible it is, we should look at that so that you have increased flexibility, but our Code is not drafted that way. Commissioner Diaz de la Portilla: Well I -- Ms. Mendez:: But we can. Commissioner Diaz de la Portilla: -- think that we should start looking at -- figuring out a way to draft it that way so that we could -- so that as a public policy body we have options available to us, because everything cannot end up in a lawsuit, because we are setting ourselves up for failure by having a procurement process that doesn't allow us to pick Number 2 or Number 3 and -- because all of a sudden, Number 1 says, "No, you have no other option. This is the way it was set up. You have to pick us," even if they have a whole bunch of flaws and you think, well, you know, they're not local in many ways, they're not this, they're not that. We can't do that, because our procurement process doesn't allow us to do it. But maybe that's something, Mr. Chair, that we can look at, Mr. -- whoever the future Chair is going to be -- to look at that, figure out a way of how we can get to change -- Commissioner Reyes: You have to change the Code. Commissioner Diaz de la Portilla: -- some of these processes so that we -- Commissioner Reyes: Yes, sir. City of Miami Page 73 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: -- have more flexibility in our ability to make decisions -- Chair Hardemon: Mr. Vice Chair. Commissioner Diaz de la Portilla: -- because to me, the logical -- the common sense approach would be two guys, two entities that want to run something, let's back up to one, talk to the other, and see who gives us the best deal. Commissioner Reyes: Negotiate, negotiate. Commissioner Diaz de la Portilla: And negotiate. And I'm sure that what's happened is that what they were going to give us here, all of a sudden it starts going up like this, right? And all of a sudden, the capital improvements go from 80 million to 120 to 150. Now, all of a sudden, we have two restaurants and four restaurants, and all of a sudden, the City's making money, and all of a sudden, we're operating like a business -- or at least closer to a business than we're operating right now. But for us -- for you to tell us that the only option available to approve Number 1 or throw everything out and then begin -- our Manager's telling us then begin an RFP process is going to take years and years and years, there's no way to expedite this, because nothing's changed. And then -- Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: -- what option to we have? 1 mean, it's just ridiculous. So now we're talking now about six years -- about nine years here. Vice Chair Russell: Madam City Attorney, so I'd like to explore this a little furtherr, because if -- unless it's expressly forbidden within the Code, I feel like we do have a few more options before us, so help me walk through this. If the Manager -- Ms. Mendez: Ifprocurement -- go on. Vice Chair Russell: Right. -- through the procurement rules, if the scoring conies in that the Manager moves the first place bidder within the scoring as non -responsible or nonresponsive, then he can recommend the one that caught the Number 2 score, correct? And that recommendation, even though that's the Number 2 bidder, would come to the Commission as the Manager's recommendation. That's legal, correct? Ms. Mendez: But that's not what's before us. Vice Chair Russell: That's not what's before us in this moment, but this Manager has - Ms. Mendez: The recommendation -- right -- is to award the Number 1. Vice Chair Russell: Through this Manager -- right? -- is to award it Number 1. This Manager is -- Ms. Mendez: Well, I don't know. That -- we haven't gotten there. Vice Chair Russell: So my question: Is there anything that precludes this Manager from analyzing the scoring, analyzing the tapes, and making a recommendation that he feels? And it may be Number 1, but isn't he legally allowed to choose the one as -- that came second in the scoring for whatever reasons he deems it, he then presents to the Commission as his recommendation, and it may not be the one with the top score? Isn't that legal? City of Miami Page 74 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Ms. Mendez: Right. So you would have to deem Number 1 unresponsive and not responsible, and I don't believe that that's (INAUDIBLE) Vice Chair Russell: We put what the Manager wanted. Commissioner Reyes: But that's absurd. Vice Chair Russell: Wait, wait -- Ms. Mendez: I'm just telling you how -- Commissioner Reyes: (UNINTELLIGIBLE.) Vice Chair Russell: Let me answer the question. Ms. Mendez: That's how the Code is drafted. Vice Chair Russell: Madam City Attorney, what do you mean by "you would have to deem"? Ms. Mendez: The Manager. Vice Chair Russell: The Manager would deem it not responsive? Ms. Mendez: Right. The recommendation -- that is not the recommendation that is before you today. Vice Chair Russell: I understand that. I'm not saying that. But the Manager has the wherewithal to deem any given bidder non -responsible, nonresponsive, correct? Ms. Mendez: His -- my understanding is that the recommendation has been -- why don't we ask the Manager what his recommendation is? Vice Chair Russell: Madam -- okay. This is a hypothetical question. This is out of -- Ms. Mendez: Right. So this is -- these are hypothetical questions that are best left not on the dais. Vice Chair Russell: But they're very similar questions -- Commissioner Diaz de la Portilla: Oh, no. Oh, no, no. Vicky -- no, I'm sorry. You're looking -- Vice Chair Russell: This is our only chance to talk with each other here, and -- Commissioner Diaz de la Portilla: Yeah. Vice Chair Russell: Commissioner Diaz de la Portilla, this is exactly what led to the frustrations of before, because we end up going in circles and we feel like our hands are tied by a Code. Our hands are tied, but that Code -- we're not explicit in terms of denying the ability to do something -- should have some flexibility. But even within what is explicitly allowed, I do believe -- and I'm trying to get to the bottom of this -- that a Manager can deem a top-ranking bidder as nonresponsive and non - responsible, and can recommend the Number 2 to this Commission. Is that -- without thinking of the facts of this issue, Madam City Attorney, isn't that true? Ms. Mendez: You have to deem them that way. City of Miami Page 75 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Vice Chair Russell: Yes. Ms. Mendez: It has to be, right. Vice Chair Russell: But it's -- "you," being the Manager? Ms. Mendez: Correct. Vice Chair Russell: Yes. And then we could vote on that recommendation. What you're saying is we can't pick amongst the various -- as a Commission, we can't pick. Ms. Mendez: That's what -- right. That's what's been asked. Vice Chair Russell.• (UNINTELLIGIBLE) comes down to the Manager's recommendation. Ms. Mendez: Right. Commissioner Diaz de la Portilla: But this is not this Manager's recommendation. Commissioner Reyes: Absolutely. If the -- Vice Chair Russell: And -- I'm sorry. I had one last question for you Madam City Attorney, because you had said earlier that the settlement agreement is now over. And if I -- it's been a while now, but my recollection the last tinge we brought this up, the wording of the settlement agreement is that it's only over once we award to the next tenant; is that not correct? Ms. Mendez: We're not -- so if -- when this settlement came into being, we were in the middle of the first RFP, right? Yes; you remember that? Vice Chair Russell: Okay. Ms. Mendez: Okay. So we were in the middle of the first RFP, and that was the settlement agreement that was drawn up, which is, until it's awarded, they get to stay. Well, that one wasn't awarded, because it was tossed out. Then a new one came along, which is the one that we're in right now. It was -- they've stayed into the second one. It was never contemplated for them to stay forever. You either award or you take it over. They don't have to stay as the holdover tenant forever. Vice Chair Russell: I thought that was the settlement. Ms. Mendez: The settlement was done during one RFP. That RFP -- Vice Chair Russell: The settlement said it's limited to the RFP. Ms. Mendez: It doesn't say it's limited, but that was the time and place where we were in. We were in an RFP, and it was an award. The settlement is not meant to tie our hands in perpetuity that we cannot do anything with our own property. Now, we haven't taken it over, so they have stayed. And they have benefited from the fact that Tye are in a second RFP, based on their protests, based on everything that happened, so they have benefited from that. If you decide to throw out this RFP, you can award it, then there's no issue. If you throw out the RFP, you could take it over. Commissioner Reyes: Madam City Attorney? Ms. Mendez: Yes. City of Miami Page 76 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Reyes: Can the City Manager review both -- 1 mean both answers to the RFP for both of them? And he can decide at this time and make a recommendation, and that recommendation could be also to throw out both of them and start the whole process. And with different -- because I think that we should be a little bit more demanding -- with different requirements, different demand, and different con -- demand; particularly in contributions to the City of Miami, how much we're going to get. I mean, like a floor, that we can raise the floor, you see? We can raise the floor and we can also include additional revenues or additional percentages of sales, or whatever. He can review that and then we throw out this RFP and we form a new one and with different requirements. The Manager is the Manager -- I mean, it's under his purview of doing this, right? Can he do that? Ms. Mendez: I -- this Commission can throw out based on your own reasons to throw out, so you don't need the Manager for that. Commissioner Reyes: Okay, we don't need the Manager for that. And if -- what 1 don't understand is why can we not go through an RFP process in a way that it is -- I'm not going to say "expedited," but where it is a speed that will -- I mean, instead of having a whole year in this process, we can expedite it and we can require that the RFP -- I mean all the participants bring an answer, give them a certain date, and we have 60 days to review and make a decision, and that's it. I mean, I don't know why, I mean -- Ms. Mendez: We would have to change the Code to make -- for an expedited process. And obviously, this is all complicated, because it's waterfront property, and you have to go through a -- Commissioner Reyes: Then what is the hest course of action if we don't want to -- just assuming that we don't want to assign this to any one of the participants? What is the best course of action? Taking over and throwing away everything, taking it over and then start the process. Meanwhile, we are receiving the revenues of those people that are -- now that they are using our docks, you see, and the ones that are using the marina, we are receiving that, so there is a flow of income to the City of Miami, a flow of revenue. We are not losing the flow of revenue, and we will be in a process where we can really -- I mean, we can start the RFP process with probably different requirements or being more specific about certain things, or maybe by dividing the project into two sections and that one is for restaurants and the other one is for marinas, et cetera, et cetera, and we can do that, and meanwhile, we are receiving money. Ms. Mendez: So based -- you definitely can throw it out; that is within your purview. And if ,you are not comfortable, because you weren't here when this all started, and a lot of that has gone to the fact that you didn't have to -- you didn't give the input with regard to how you would have liked to see this RFP. The original one was thrown out, because there was a lot of ambiguities with regard to the area of the RFP and the environmental issues that it could cause. So if you have reasons -- which you've stated all the reasons why you can throw this out, take it over, and decide what you're going to do next. Decide if you are -- see it again -- decide if you are seeing it when -- what you're going to do, how you're going to do it, et cetera. Those are all things that you can do within your purview, because you are the -- this is in your proprietary functions as the Commission. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Can I hear --? Commissioner Reyes: Sure, yes, Commissioner. City of Miami Page 77 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: Thank you. Commissioner Carollo: Who are we listening to? Commissioner Diaz de la Portilla: Can I hear from DREAM (Department of Real Estate and Asset Management), what their thoughts are? And I really want to hear from our City Manager. Commissioner Carollo: Yeah. I -- you know, Commissioner, I really don't care about hearing from DREAM. Commissioner Diaz de la Portilla: Okay. Commissioner Carollo: 1 think DREAM has been very biased in this whole process. Unidentified Speaker: Yes. Commissioner Carollo: So the farthest I get DREAM from the picture right now -- Commissioner Diaz de la Portilla: Forget DREAM I will forget DREAM We'll forget about DREAM. I -- there's no argument there. Commissioner Carollo: DREAM -- Commissioner Reyes: Wake up, wake up. Commissioner Carollo: -- has been a nightmare. Commissioner Diaz de la Portilla: All right. So forget about the nightmare. But let's hear from -- Commissioner Carollo: Now, what 1 do want to hear, because -- Commissioner Diaz de la Portilla: -- I want to hear from our City Manager. Commissioner Carollo: That's who I want to hear from -- Commissioner Diaz de la Portilla: Yes. Commissioner Carollo: -- because I want to cut to the chase. I want to cut to the chase. I don't want any more game playing. I want to bring this to a head one way or another. Commissioner Diaz de la Portilla: Very good. Commissioner Carollo: And Mr. Manager, you know, this is one that -- you know -- it's like when you go -- and I was taught this by a good old boy in quail hunting. You flush the quail out. By doing that, you know where you're heading. Commissioner Diaz de la Portilla: But you get the pointers to point at the quail, and then you stalk the quail and (UNINTELLIGIBLE) -- Commissioner Carollo: But my point is that I want to know -- first of all, I'm very concerned that what we have before us was the opinion by a guy that should have never been our City Manager, ever. And if you thought that he should have been, you should see how quickly -- look back and remember how quickly he put his tail between his legs and ran out when he knew he got caught. And by the way, you know, when is our Inspector General going to come with our report? Because that's a real report. City of Miami Page 78 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Ms. Mendez: He's on. He's on if you want to talk to him. Commissioner Carollo: Yeah. 1 see him, but let me get done with the Manager, please. So why in the world didn't we get somebody else that's no longer here with us, his -- Commissioner Diaz de la Portilla: To recommend. Commissioner Carollo: -- recommendation before us instead of yours, whatever it was? Theodore Guba (Auditor General): My turn? Commissioner Diaz de la Portilla: You're on. Commissioner Carollo: Well, it's yours, I guess. Mr. Guba: All right. So -- Commissioner Carollo: My question, again, is why didn't we get a previous City Manager's recommendation, the former part-time City Manager we had, why didn't we get his recommendation instead of getting whatever your recommendation was? Mr. Noriega: So 1 asked for a deferral for a reason. I didn't just sort of do it because 1 felt like it was -- I wanted to kind of kick the can on this at all. 1 have a heightened sense of urgency to bring this to a head as all of you do. I think it's actually a travesty that this has gone on as long as it has -- Commissioner Carollo: It is. Mr. Noriega: -- and no decision has been made, and we have -- you know -- years and years' worth of lost revenue on this project, because it can't -- we can't quite get to the finish line. The reason why you have the prior Manager's recommendation is because this was just an item that came back before the Commission as a regular -- as many of these do, right when they get deferred. They come back before the Commission. So it just got scheduled on an agenda, not because I was necessarily ready to make a recommendation, but because that was the timing of it, which is why I asked for it to be withdrawn or deferred to November. I'll be honest. The audit issue, I wanted to bring to a head more because I wanted to make sure there were no loose ends relative to the process and/or the current vendor, because I felt it was important for them as the existing vendor to not have this hanging over their head. And quite frankly, you know, having seen the draft report, it -- they deserve an opportunity to respond to it, put forth whatever contradictions or disagreements they have with the findings, and then this comes out as a final report. At that point, it gets disseminated as a public record. Commissioner Carollo: Okay. Let me stop you there ifI can -- Mr. Noriega: Sure. Commissioner Carollo: -- and then you can proceed. I think you made a mistake in letting this even get in the agenda without you putting something down from you; that's one. Two, this is where I'm going to be heading: I'm going to agree with your deferment, because I know what to do in "A," "B," or "C," and I'm ready to go. But I want to defer this to give you that opportunity to come up with whatever opinion you have up front. I want Mr. Guba, that I want to speak to in a minute to finish his report, because if indeed -- you know -- frankly, I thank you, Commissioner Reyes, that you City of Miami Page 79 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 remembered what I didn't, but then again, even though you're a little older than me, (INAUDIBLE) that 1 have since I've been back. Commissioner Diaz de la Portilla: You're getting hit from all sides today, Commissioner. Commissioner Carollo: And since neither one of you can be recalled till the year's up -- How was the turkey? Seems I'm a lot tougher (UNINTELLIGIBLE.) Commissioner Diaz de la Portilla: You're the guineapig, not the turkey. Commissioner Carollo: They can have fun conies November. Commissioner Reyes: That's right, but we know we aren't lying. Commissioner Carollo: Playing little rookie. Playing little rookie. Commissioner Diaz de la Portilla: You're right, but we're very comfortable, as you are, Commissioner. Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: We're very comfortable where we are, because -- Commissioner Carollo: Don't worry. I'll still run the campaigns. No problem. But I am going to -- after I speak to Mr. Guba, I am going to ask for a deferral, because I see that this is really premature right now from what you're telling me; that you're not ready to give us an opinion. You want to have all the facts. And I want to make sure Mr. Guba doesn't take another 10 months. Mr. Noriega: So if I may, also, I think it would have been important -- which is why I'd asked for the deferral -- for me to be able to sit with each of you individually -- Commissioner Carollo: That'd be nice. Mr. Noriega: -- and giving my sense of it before this comes before the Commission as part of that discussion item. That's just the proper way to process this, and I think it's the only fair way to do it for each of you and, quite frankly, for me, because then I'm meeting with each of you individually, and it's an informational exchange versus me on a platform like this, and I think it's unfair to the respondents and it's unfair to you individually, as well. I think we need to have those one-on-one briefings ahead of this item, and be able to socialize it amongst each other individually. Commissioner Carollo: Well, I agree with you. So having heard from you, if Mr. Guba could come up, please. Ted? Mr. Guba: Yes. Commissioner Carollo: Where are you at; if we could see you somewhere? Mr. Guba: Good to see you. I'm at home. Commissioner Carollo: Well, so is everybody else except me and Russell. See, you know -- Commissioner Diaz de la Portilla: I love the fact that Russell -- Commissioner Carollo: -- we keep bonding. City of Miami Page 80 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: -- Commissioner Carollo and Commissioner Russell are getting along today. It's so beautiful. Commissioner Carollo: We keep bonding, Ken. Like I said before, we're together a lot more than -- and now you're noticing. Commissioner Diaz de la Portilla: Yeah. Commissioner Carollo: Mr. Guba. Mr. Guba: You want to know about the report. Commissioner Carollo: Yes; if you could refresh my memory. I apologize. Mr. Guba: This is the Rickenbacker report, about when it'll be out? Commissioner Carollo: Which one? Mr. Guba: Rickenbacker. They're vetting the findings. Commissioner Carollo: (UNINTELLIGIBLE.) Mr. Guba: Right now they're vetting the findings. They used an outside CPA (Certified Public Accountant) firm as their accountants, and they are tax people, and they have commitments until October 15; people who get delays in filing until then. So sometime after October 15, they're supposed to be finished vetting our numbers, and then we'll get the report out after that. We finalized another issue with them more recently, so all there is, is we feel they owe some monies, and those are being vetted right now. Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: What issue? Commissioner Carollo: Start again if you could; go a little slower. Commissioner Reyes: I think we're talking about different things here. Commissioner Carollo: You said that (UNINTELLIGIBLE) busy until October 15? Mr. Guba: Yeah. The Rickenbacker draft report, which I had previously given to Mr. Noriega, is being vetted. Commissioner Carollo: You got any problem in us seeing it? Mr. Guba: Pardon me? Commissioner Carollo: Do you have any problems in any of us seeing it? Commissioner Reyes: Absolutely. Mr. Guba: No, no. I could issue it to you. Commissioner Carollo: Okay. Mr. Guba: It's just -- I can give you it in the same. form he got it, but a couple of things came out in the meantime since you had -- it was some sales taxes. City of Miami Page 81 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Carollo: There's always something that comes out, in an audit. The question is if it's something serious or it's something minute; just like with election campaigns. Mr. Guba: The only Commissioner Carollo: When you -- you know -- raise that kind of money, there's always a little minute mistake somewhere. Mr. Guba: Well, I can get you a copy -- Commissioner Reyes: To all of us. Mr. Guba: Okay. -- a copy of the draft report as it was issued to Mr. Noriega, but that is not going to reflect the final report. Commissioner Carollo: Well, we understand that, because they haven't had a chance Mr. Guba: Okay. I'll get that to you right away. Commissioner Diaz de la Portilla: Wait, wait, wait. Commissioner Carollo: -- from what you're saying -- to respond to it to you and explain some things that maybe need explaining. Maybe they can explain it. I don't know. All right? Commissioner Reyes: Then we will -- we should have -- we're going to get a report from you, and then we have to go over it, and we will make our own conclusions or you -- because you're not going to give us any questions. Mr. Guba: Right. Tomorrow -- you see, there's one issue, which we're having a meeting with one of the City Assistant Attorneys on a tax issue, and we have to get -- they had one opinion and then other information came in from the tax accountants for Rickenbacker, which has to be resolved, and we have to get the City's Attorneys to buy -- to agree with us. That's one issue, but there's -- Commissioner Diaz de la Portilla: But that's ridiculous. I'm sorry, I'm sorry. This is ridiculous. Mr. Guba: Well, I had a briefing -- Commissioner Diaz de la Portilla: I'm sorry, Mr. Guba,, this is ridiculous. We had a briefing -- I had a briefing yesterday, and I asked for that report. And I was told -- even though I know it was given to the City Manager; a public record, right? Commissioner Carollo: No, not necessarily. Mr. Guba: It's not a public record. I can give you a draft. Commissioner Diaz de la Portilla: But you just said, Mr. Guba, you -- okay, it's not a public record. Are you saying you're going to give it to the Commission tomorrow? Right? Did you say that? Mr. Guba: The draft report, which is not -- City of Miami Page 82 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: You said that -- Mr. Guba, let me finish. You said you're going to give your draft report to the City Commission tomorrow. Mr. Guba: Yes. Commissioner Diaz de la Portilla: What I want to know is why you didn't give it to the City Commission at the same time you gave it to the City Manager. That's what want to know. Mr. Guba: They were -- specifically wanted to know the status of it -- Commissioner Diaz de la Portilla: Mr. Guba, maybe you mentioned it and then -- Mr. Guba: -- and on a need -to -know basis, I gave it to them. But 1 normally give it to the rest -- Commissioner Diaz de la Portilla: What do you mean, "need -to -know basis"? We're the policy makers here. It's not a need -to -know basis. If you're doing an audit on a major issue, that impacts the City of Miami, it's not a need -to -know basis. You don't determine what the need -to -know basis is; we do. So if you have information that's relevant and important to us making a decision like this, you release it to us immediately. It's not a need -to -know basis. You'll determine what's need to know. You're not a CIA (Central Intelligence Agency) agent, and you determine that. Mr. Guba: Okay. But -- Commissioner Diaz de la Portilla: Okay? Number 1. Number 2, you mentioned a tax issue that have heard about, but what's the tax issue? Mr. Guba: I really can't talk about it. That shouldn't -- Commissioner Diaz de la Portilla: Oh. You can't talk about it? Mr. Guba: -- talk with her. That shouldn't -- Commissioner Diaz de la Portilla: So basically, what we have, you can't talk about it. So what we have is we have policy makers that will take -- ultimately take the hit for a bad decision or good decision, right? Chair Hardemon: Mm-hmm. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) credit for a good decision. And you're telling us -- You work for us; right, Mr. Guba? Mr. Guba: Yes, sir. Commissioner Diaz de la Portilla: You're telling us that you decide what information you share with us or you don't share with us; that's where your thought is? Mr. Guba: What I normally -- I shared information with those -- be_fore it's a final draft report. I've shared it as Commissioners have asked for it. Commissioner Diaz de la Portilla: Oh. Okay. Mr. Guba: I have clone that in the past. Commissioner Diaz de la Portilla: Yes, you have. City of Miami Page 83 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Mr. Guba: And -- but I -- at the same time, another Commissioner has not asked for the same thing, I have not given. I -- if they ask for it, I give it. All Commissioners get a final report, a final draft report before it becomes a public record. Commissioner Diaz de la Portilla: So some Commissioners, if they ask for it, get the information -- Mr. Guba: Or if you want -- Commissioner Diaz de la Portilla: -- and if they don't ask for it, they don't get the information. So some Commissioners have more information to make a decision than others. Does that make sense to you? Commissioner Reyes: It shouldn't be like that. Mr. Guba: No, no, no. If it -- Commissioner Reyes: It shouldn't be like that. Mr. Guba: -- if somebody calls me in, I -- they know what audits I'm working on. You know it, and you have a particular question. I come in and I discuss it with them -- Commissioner Diaz de la Portilla: Oh, we're going to have to change that. Mr. Guba: -- while the audit is ongoing. That's what I've done. 1 work for the five -- Commissioner Diaz de la Portilla: No, no, no. Mr. Guba: -- for all of you, and I'm doing an audit, and a question was brought up before about the Midtown CRA (Community RedevelopmentAgencv). Commissioner Diaz de la Portilla: Yes, I know that. Mr. Guba: That's ongoing. Now, I have not briefed anyone on that, but I'm assuming that I will have to. But the audit is not final. The numbers are not final, and it's been changing as we go on. But -- Commissioner Reyes: Can you expedite -- Commissioner Diaz de la Portilla: So we're going to have to change it. We're going to have to change that practice. Commissioner Reyes: Yes, sir. Commissioner Diaz de la Portilla: Okay? If you, Mr. Guba -- and maybe we can vote on it, bring it as an item before the Commission as far as what your responsibilities are to this Commission, because you work for us. If you give any Commissioner or a City Manager information, you need to share it with the rest of the Commission -- Mr. Guba: All right. Commissioner Diaz de la Portilla: -- whether they ask for it or not. Mr. Guba: Sure. I'll do that. Commissioner Diaz de la Portilla: And when you give certain information to a City Commissioner, because he asked for it -- or the City Manager -- as long as the law allows it, you release it to the rest of us. City of Miami Page 84 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Mr. Guba: Right. Okay. Sure. Commissioner Diaz de la Portilla: And that's a level playing field. How can you say that you're only giving information if somebody asks for it? What if a Commissioner doesn't ask the right question, he doesn't have all the information? Mr. Guba: Right. I might -- Commissioner Diaz de la Portilla: You'd be -- would you --? Mr. Guba: -- in the past, I've been asked on issues -- Commissioner Diaz de la Portilla: Forget the past. Mr. Guba: -- directly involved and had a special interest. But I will -- Commissioner Diaz de la Portilla: The past is over. The past is over. Mr. Guba: -- disseminate to everybody, yeah. Commissioner Diaz de la Portilla: The past is over. Mr. Guba: Okay. Commissioner Diaz de la Portilla: It's a new day in Miami. Mr. Guba: Sure. Commissioner Diaz de la Portilla: The past is over. Right now, I mean, if Commissioner Carollo knows something, I want to know it. If I know something, I want Commissioner Carollo to know it and Commissioner Reyes to know it and our City Manager to know it -- Commissioner Reyes: The same here. Commissioner Diaz de la Portilla: -- and Commissioner Russell. Commissioner Reyes: Same here. Mr. Guba: Yes. Okay. Commissioner Diaz de la Portilla: Is that okay? Commissioner Carollo: No matter with Hardemon, but he's leaving, so. Commissioner Diaz de la Portilla: No, forget Hardemon. Chairman Hardemon is irrelevant, because he's going to the upper body. He's going to be -- he's not going to be giving any of his CARES (Coronavirus Aid, Relief & Economic Security) dollars or any of that stuff I know what he's doing, but he's not. Chair Hardemon: That's cold-blooded. That's cold-blooded. Commissioner Diaz de la Portilla: But we still love you though. But seriously -- Commissioner Carollo: I know he might think by now he's the king, but, you know. City of Miami Page 85 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: Oh, he's the top dog right now, but when he gets (UNINTELLIGIBLE) -- Commissioner Carollo: No, no, I'm playing on words. I'm playing on words. Commissioner Diaz de la Portilla: Be careful what you ask for, Commissioner. Mr. Guba: I'm going to give you that draft all -- issue that draft report -- Commissioner Reyes: Okay. Thank you. Mr. Guba: -- to all of you. It's not a public record, but it's not going to look like the final report. (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Carollo: Could I ask a simple question of Mr. Guba? When can we have the final version? Mr. Guba: Of the Rickenbacker? Of this particular audit we're discussing? Commissioner Carollo: Yes, yes. Mr. Guba: Pm -- hopefully, by the end of the month. Hopefully. It depends on their analysis of monies that we believe they owe. Commissioner Reyes: Mr. Guba given -- 1 mean, the fact that Commissioner Hardemon is not going to be here until -- I mean, for the first meeting in November, can you please make an effort that we can get this before Commissioner Hardemon leaves? Mr. Guba: Before when? Commissioner Reyes: Before Keon Hardemon -- Commissioner Hardemon leaves to see -- Mr. Guba: What's that date? Commissioner Carollo: By November 18 you need to bring it. November 18. Mr. Guba: Okay, okay. Yeah, definitely. Commissioner Reyes: So we can meet. We'll have a special meeting, and then Commissioner Hardemon, which has been laboring with this for close to six -- over six years -- he will have an opportunity to vote in favor or against, or make a decision on this, okay? Mr. Guba: Right, right. So the drop -dead date you want for the report is -- Commissioner Reyes: Before. Before, because at least we need three or four days -- Mr. Guba: Okay. Commissioner Reyes: -- to read it. Mr. Guba: Right. City of Miami Page 86 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Reyes: And we have to set a date for a special meeting. Once we set a date for the special meeting, we're going to need about five days, four or five days before that in order for us to be able to analyze it, you see. Mr. Guba: Right. Commissioner Reyes: How about November 1? Mr. Guba: Okay. Commissioner Reyes: November 1. Is that fine? Mr. Guba: Okay. I'll do my best. Yes. Commissioner Reyes: Okay. Try to. Mr. Noriega: I need you guys to -- if I can, I want to put this into perspective. The vendor has an opportunity -- needs to have an opportunity to respond, and then there's going to be an exchange between Ted and their accountants. You know, that may take some time. I'm just -- you know, he -- it's not entirely in his -- within his control. He can push it, but the existing vendor who is being audited deserves an opportunity for a proper period of time to respond. I'm just kind of telling you, you're kind of boxing them into a corner, too. Commissioner Diaz de la Portilla: What's the -- if I may ask, what's the time frame? In other words if the report is given -- I'm sure there's a statutory time frame, right? Mr. Guba: They have all the information. They told us, because we -- he employs some outside CPAs to do his accounting, and their tax CPAs. They have commitments up until October 15, so they said they wouldn't be able to vet the numbers until after then. And I'm assuming it's all going to go fairly smoothly, so ifI can -- Commissioner Diaz de la Portilla: But if you're doing an audit with them, they get to pick when they return, when they respond to that audit, or is there a statutory time frame? Hey, you have 30 days to -- like with most things, right? You have 30 days to respond, like in courts, in civil courts. Criminal court, you have 30 days to respond to this motion, to this accusation. Now, so you basically give them free reign to respond whenever the heck they want, or is there a set --? Mr. Guba: Well, no. I mean, it's -- I thought that was reasonable, that -- you know. Commissioner Diaz de la Portilla: But that's not my question. Mr. Noriega: Would you just --? Mr. Guba: Pardon? Commissioner Diaz de la Portilla: Do you get -- you pick and choose, 30 days, 20 days, 100 days, or is there a wayfor us to codify what that process would look like? Mr. Guba: It's not an issue, but if they dispute some stuff then I go back to them -- you know -- if I don't agree with them. So it's a give -- you know -- you can go back and forth sometimes. Sometimes they agree to the whole history that you present to them, so it's -- Commissioner Diaz de la Portilla: So there's no limit? You don't put a limit on them? I'm sorry, Mr. Chair; through you. You don't put a limit on them? They have 30 days City of Miami Page 87 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 to respond to this or 20 days or 15 days? You simply say, "Whenever you have a chance, get back with us"? Mr. Guba: Yeah. We usually tell them, "We want it by next week, "you know. That's -- and sometimes -- Commissioner Diaz de la Portilla: That's not my question. There has to be a uniform process for the auditing. There has to be a uniform way of doing audits in our City. It's not a question of "Hey, get back to us when you can." It's on a case -by -case basis. You submit some findings. You give it to them. You have 20 days to respond, you have 10 days to respond, they have 10 days to respond to that. Assuming the way it works, why is it that -- so random? Like, hey, we'll give them all -- because that way, it makes our own timelines random. Oh, we don't have the result of an audit, we don't have the result of this. Let's wait till next month or next year. 1 mean, if you bring an audit, which I think is something serious -- By the way, let me ask you something, Mr. Guba, because I was told by one of the vendors today for the bidders that the audit -- this audit is something that's normal. Mr. Guba: It's what? Commissioner Diaz de la Portilla: That it happens every three years; that it's not something that is out of the ordinary. It's not that because any reason to audit; just that it's a normal course of -- you know -- par for the course. Is that true? Mr. Guba: I didn't follow what you said. I'm sorry. Commissioner Diaz de la Portilla: Okay. I was told by one of the bidders today that this audit is something that's normal; that it's something that happens every three years; that it's just done that way. It's not because any irregularities were found or anything; it's just that it's done. Is that true? Mr. Guba: Yeah. I mean, for these lease agreements, we have been -- that's' one of the directives from the Commissioners that I'm to audit all significant leases, and we do Grove Harbor, we do Rickenbacker, we do Monty's. We do them all and we do them periodically, yeah; just like we -- Commissioner Diaz de la Portilla: Okay. So this particular audit was done because it's something you do as par for the course, something you do normally, or because you --? Mr. Guba: Wait, wait. The last one we did was, I believe, in 2013 or 2014, so -- Commissioner Diaz de la Portilla: Okay. So it's now six years. But -- Mr. Guba: They got on the list. I mean, we didn't have many findings last time, so, I mean (INAUDIBLE). Commissioner Diaz de la Portilla: So this particular audit was -- you did it because it was time to do it? Mr. Guba: It was time to do it. It was time to do it. Commissioner Diaz de la Portilla: It wasn't because something -- somebody -- something caught your attention, somebody called and said, "This is going on"? Mr. Guba: No. Commissioner Diaz de la Portilla: You simply did it because it was time to do it? City of Miami Page 88 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Mr. Guba: It was time to do it. Commissioner Diaz de la Portilla: Okay. Commissioner Carollo: Hold on, hold on, hold on, hold on. And your memory wasn't that good, Commissioner Reyes. Commissioner Reyes: No, we asked for it. Commissioner Carollo: Did we askfor it, Mr. Guba? I don't remember. Commissioner Reyes: Yes, we did. Mr. Guba: You asked for all -- all of the leases need to be audited. That was my directive, and that's what I did. Commissioner Diaz de la Portilla: That's not what you're saying. Commissioner Carollo: No, no. Commissioner Reyes: No, no, no. Commissioner Diaz de la Portilla: Did they ask you --? Commissioner Reyes: They asked specifically for this one, to audit one, and it was a directive to him; that this -- I mean, all leases have to be audited, but we want an audit of this lease in order for us to be able to make a decision. And at the time, I was contemplating the idea of us taking over it since that time, and that's why I wanted to see an audit. And Commissioner Carollo was in it with me. And we said, "Yes, we need an audit." Commissioner Carollo: Mr. Clerk, can you find those minutes for us? I just don't remember. I don't doubt what Commissioner Reyes is saying, but now Mr. Guba might have a bad memory like me, and I'd just like to figure out what we said or not. I mean, I'll be the first to admit that I could forget. Commissioner Diaz de la Portilla: And that's a disadvantage that I have -- right? -- because I can't -- I'm a new guy. I'm a new kid on the block, right? Commissioner Carollo: Not so. Commissioner Diaz de la Portilla: If Commissioner Reyes asks for an audit -- Commissioner Carollo: Excuse me, excuse me, excuse me. Commissioner Diaz de la Portilla: -- and Mr. Guba -- Mr. Guba -- Commissioner Carollo: You know, you keep saying this "new kid on the block" stuff Commissioner Diaz de la Portilla: You like that? That's a song. It's a song. Commissioner Carollo: No, no, no. Let me tell you the appropriate wording. Commissioner Diaz de la Portilla: What is it? Commissioner Carollo: This is using Cuban slang. "El nuevo sangro" on the block. City of Miami Page 89 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Reyes: That's not fair. Commissioner Carollo: That's Cuban slang for your guys. Commissioner Reyes: I'm going to refresh your memory a little bit, Commissioner Carollo. This was -- I asked for that, for the audits that -- during the meeting in which the Cuba issue was being discussed. Commissioner Diaz de la Portilla: Correct. So the issue is that's not what Mr. Guba said right now. He said that we normally do these audits for all our leases, and we did it because we hadn't done one in a year. But you didn't do it fbr that reason, Mr. Guba. You did it because you were asked to do it. Mr. Guba: Well, we would have done it anyway, because they -- Commissioner Diaz de la Portilla: No, no, no. That's not what I asked you. That's not what I asked you. Commissioner Reyes: (UNINTELLIGIBLE.) Mr. Guba: The thing is, with these leases, if they involve percentage rent -- Commissioner Diaz de la Portilla: Yes. Mr. Guba: -- and it's -- again, it's important to be audited, because that's -- Commissioner Diaz de la Portilla: I know that. Mr. Guba: -- they might not report all the revenue which the percentage rent is based On. Commissioner Diaz de la Portilla: Correct. And you can't talk about the sales tax issue -- right? -- but you can talk about the fact that you were going to do this audit anyway, but you didn't do it until Mr. -- until Commissioner Reyes asked you to do it. Mr. Guba: Well, it depends if they -- it would have eventually gotten done, because -- Commissioner Diaz de la Portilla: Oh, okay, okay, okay. Mr. Guba: -- we have the directive (INAUDIBLE). Commissioner Diaz de la Portilla: That's not what happened. That's not what happened. What happened was that Commissioner Reyes asked you to do it. Mr. Guba: I don't remember. The why -- we have a list of -- I forget how many. There are maybe 100 different leases, and we have them prioritized according to -- froni which derives the most rent, and those which drive the most rent that involve percentage rent are your highest -risk leases. And so -- Commissioner Diaz de la Portilla: Let me ask you -- if I may, Mr. Chair -- a different way. Mr. Guba: Min-hmm. Commissioner Diaz de la Portilla: You do understand this is a very, very important issue for the City Commission for the City of Miami; right, Mr. Guba? City of Miami Page 90 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Mr. Guba: Sure. Commissioner Diaz de la Portilla: And that the answers to the questions, they're not meant -- they're not aggressive towards you, it's not personal, but these are important answers that we need. And when you're evasive in those answers, perhaps -- Pr whatever reason -- the sales tax issue -- you don't want to answer, you say that you were going to do it anyway, the 100 leases. It's not one of 100 leases. This is a big deal for the City of Miami. Mr. Guba: Mm-hrnrn. Commissioner Diaz de la Portilla: And people elect us to make intelligent and the right decisions for them. So when you work for us and we ask you some questions that are important for us to make better decisions, we need you to be forthcoming and straightforward in your answers. "But we would have done it anyway. Well, it was on the list of 100 leases. " No. You were asked to do it, and you were asked to do it for a specific reason. Mr. Guba: Mm-hmm. Commissioner Diaz de la Portilla: So there was a conversation back then -- because I remember reading about it, about one of the people had business in Cuba, and Commissioner Reyes asked that question. One of the partners suspected of having business with Cuba was also, by the way, Mr. Guba, a big deal here in Miami. 1 don't know if you know that, but it's a big deal here. And we're just simply asking you questions for you to answer. And when you say to us -- so we can make better decisions for the people we represent. We're not being aggressive with you. We're not cornering you or any of that. We just want to know the -- and when you tell me, "1 can't answer that question," but we have a sales tax issue that impacts one of the particular bidders of this. Now we'll be making a decision of whether we grant this entity a contract to run a marina for 75 years. If you can't answer that question, how can I make an intelligent decision? Are they not paying sales tax? Did they evade taxes; did they not? If I don't have the answer to that question, how can I make -- how can I possibly contemplate supporting them? Or if I have all the information on both bidders and we have a debate about this in a special meeting, then I have all the information. Every Commissioner has all the information in front of him, and then we can make an intelligent decision. And then if we make the wrong decision when we have all the information, then it's on us, right? Commissioner Reyes: That's right, and we could vote it out. Commissioner Diaz de la Portilla: On us. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: But it can't be on us if you're not giving us the information. Chair Hardemon: Right. Commissioner Diaz de la Portilla: It's on you. So if you tell us, "Oh, it's a matter of' - - or if they come back, they respond, we give them some time, 15 days, 20 days, they come back, you know, that's kind of -- that's a limbo situation, right? Everything is up in the air. And then -- when? -- November, December or January, you come back. It's been now six years; not seven years, not eight years. So I would like to know if you can answer today, or at least in the next couple of days, maybe contact my office and contact the rest of the Commissioners -- because we share information with every Commissioner equally -- and the Manager -- and you say, "Look, by October 15, I'm. City of Miami Page 91 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 going to have this. By October 27, I'm going to have that. By November 4, I'm going to have that. And your special meeting of November 18 -- 17 -- that is going to happen." So then we come to that special meeting that Commissioner Reyes is going to call for, we have all the information, and we don't have to go through this again. And that's why I wanted to have this conversation today, because I knew that what was happening today was going to happen in a special meeting. We go, "No, it's pending. We're thinking about it. They haven't responded." I knew it was going to happen. Commissioner Reyes: "We're not ready. " Mr. Guba: Okay. I'll make sure it gets done. Commissioner Diaz de la Portilla: That's all 1 need to know so that when you come back, we can make the -- you know -- you're not elected; we are. And we're responsible to our constituents to do the right thing. But if we do the wrong thing because we don't have information, it's not on us. It's on you. But if you're voted out of office. You say, "That's not right." So come back to us, give us a time frame. Make sure it gets done. And then when Commissioner Reyes calls a special meeting, then we have all the information we need, and then when we ask a question, there's no answer for that question, "Oh, oh, we'll defer it till next year." No. And that's why Commissioners and Chairman Hardemon and I wanted to have a conversation today, because something like this, 1 knew it was going to happen. I didn't know if it was going to come from Mr. Guba or it was going to come from our City Attorney, or from our City Manager; not answering -- being able to answer specific questions, and now they know what the questions are -- at least some of them or most of them, hopefully. And then they can do the work and do the research. Manager said, "What do you want from me? What do you need? Now we can tell him. And then when he comes back, he tells them what we need, and if we don't ask, then it's clearly, our bad, right? But if we ask it and we get the answers, then we've been making the right decisions on who we pick. Mr. Guba: Okay. I'll make sure you get it. Commissioner Diaz de la Portilla: Thank you, Mr. Guba. [Later... ] Chair Hardemon: Now, just to clarify, Mr. Hannon, we did continue RE.1 and RE.2, right; the actual items? Todd B. Hannon (City Clerk): RE.1 and RE.2 are still in play. Chair Hardemon: Okay. Is there a motion to continue those items? Because I know we -- you guys were having a -- Commissioner Reyes: Are they going to be continued, or they're going to be --? Chair Hardemon: You set a -- Commissioner Diaz de la Portilla: Is it going to be the first at the special meeting that Tye called for? Chair Hardemon: You set a special meeting, right? Commissioner Reyes: That's right. Commissioner Carollo: They're both deferred. City of Miami Page 92 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Reyes: They're both deferred. Commissioner Diaz de la Portilla: I move they be deferred to the special meeting -- Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: -- to offer them -- Commissioner Reyes: Both of them deferred. Chair Hardemon: Okay. So it's been properly moved and seconded that we defer those items to the special meeting here today. Todd B. Hannon (City Clerk): And that's November 16, 2020, at 10 a.m. Commissioner Reyes: That's right. Victoria Mendez (City Attorney): Now I just wanted to clarify, Chairman, and when we did talk about this is any and all action, so to the extent that there may be a different title or all that can happen, so even though you defer these items -- Chair Hardemon: Right. Ms. Mendez: -- it's any and all actions, so I just wanted to clarify that for the record. Commissioner Carollo: Okay. Chair Hardemon: Okay. Seeing no further discussion on that, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? The motion carries. City of Miami Page 93 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 RE.2 RESOLUTION 2526 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING PROVISIONS FOR A REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY ON FOR THE PURPOSES OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI ("CITY") FOR THEIR APPROVAL OR DISAPPROVAL OF THE FOLLOWING REFERENDUM BALLOT QUESTION: "SHALL THE CITY BE AUTHORIZED TO LEASE APPROXIMATELY 27.5 ACRES OF LAND ON VIRGINIA KEY TO VIRGINIA KEY, LLC FOR A 45-YEAR INITIAL TERM WITH TWO 15 YEAR RENEWALS; MINIMUM ANNUAL GUARANTEED RENT OF $2,200,000.00 (WITH ESCALATIONS) TOTALING APPROXIMATELY $203,984,060 OVER THE INITIAL TERM; 6% OF GROSS REVENUES; APPROXIMATELY $80,000,000.00 PRIVATELY FUNDED INVESTMENT TO REDEVELOP THE MARINAS IN AN ENVIRONMENTALLY SENSITIVE MANNER, INCLUDING BOAT STORAGE, RESTAURANTS, RETAIL, AND PUBLIC PARKING?"; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; AUTHORIZING AND DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY PURSUANT TO APPLICABLE LAW. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Carollo, Reyes Note for the Record: Item RE.2 was deferred to the November 16, 2020, Special City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.2, please see Item Number RE.1. City of Miami Page 94 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 RE.3 RESOLUTION 7822 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION CO - DESIGNATING THAT PORTION WITHIN THE CITY OF MIAMI'S LIMITS OF NORTHWEST 14TH AVENUE FROM NORTHWEST 62ND STREET TO NORTHWEST 67TH STREET AS "BETTY WRIGHT LANE", MIAMI, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. ENACTMENT NUMBER: R-20-0316 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Chair Hardemon: So let's -- Commissioner Diaz de la Portilla: Can I move the RE (resolution) items? Chair Hardemon: Yes, we can (INAUDIBLE). Commissioner Diaz de la Portilla: Is there any dispute? Without -- obviously, without RE.] and RE.2. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: Yeah, and I think RE.6 was already deferred. Chair Hardemon: I don't think RE -- Commissioner Reyes: It was withdrawn. Commissioner Diaz de la Portilla: Pm sorry, withdrawn. I'm sorry. Commissioner Reyes: Withdrawn. I have just a comment on RE.4, and I want to make sure that the official seal and the official logo is the one that we have now, that this does not change our official logo. I mean, this only, provides -- I mean, either a Commissioner or the Mayor to use a temporary seal -- you see? -- but our official seal, it is not changed. Commissioner Diaz de la Portilla: And that was -- Mr. Chair. Chair Hardemon: So let's do this. I want to -- we want to have that discussion, but we can't have RE.4 in this motion because SR (second reading) -- the SR item (INAUDIBLE). Commissioner Diaz de la Portilla: Well, but Chair -- I think he's just asking whether the official -- because I had the same concern. Chair Hardemon: Fair enough. (INAUDIBLE). City of Miami Page 95 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: That the official seal is the official seal. And if that's the answer to the question, then we can move the whole thing. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: And we could pull whatever we want to pull. Arthur Noriega (City Manager): The answer to that question is yes. The seal is the official seal. And any temporary seals or alternate seals would have to come before the City Commission for approval. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: And it will be for temporary use? Mr. Noriega: Correct. Commissioner Reyes: Okay, okay. Commissioner Diaz de la Portilla: So, I move all of them, except RE. 1 and RE.2. And Chair Hardemon: And RE -- Commissioner Diaz de la Portilla: -- the rest of the -- I move all the RE items, including the -- Chair Hardemon: And RE.4 -- for some reason -- has to come out because the SR item needs to come before. So the motion will be everything, except RE.1, RE.2, and 4. Commissioner Diaz de la Portilla: You want to pull 4 out? Chair Hardemon: Right. It just has to be voted on after. Commissioner Diaz de la Portilla: Oh, okay, okay, okay, all right. Commissioner Reyes: That's right, okay. Commissioner Diaz de la Portilla: So moved. So moved. Commissioner Reyes: Second. Vice Chair Russell: (INAUDIBLE) was withdrawn as well. Chair Hardemon: Any discussion? Todd B. Hannon (City Clerk): And Chair, just for the record, RE.9 is being amended. Chair Hardemon: Noted for the record. Mr. Noriega: Yeah, as amended. Commissioner Reyes: As amended, okay. Chair Hardemon: Okay. Any discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Ave. City of Miami Page 96 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Chair Hardemon: Against? Motion carries. RE.4 RESOLUTION 7933 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 1-16(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "CITY SEAL", ALLOWING THE USE OF ALTERNATE CITY SEALS AND LOGOS AS DEPICTED IN EXHIBIT "A", ATTACHED AND INCORPORATED; ADDITIONALLY IMPOSING THE CONDITIONS OF SECTION 1-16(B) OF THE CITY CODE TO ANY UNAUTHORIZED USE OF THE ALTERNATE SEALS AND LOGOS AUTHORIZED HEREIN. ENACTMENT NUMBER: R-20-0321 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Carollo, Reyes Chair Hardemon: Okay. And just before we close for the lunch break, RE.4 -- can I have a motion to approve RE.4? Is there a motion to approve RE.4? Commissioner Diazde la Portilla: So moved. Chair Hardemon: So moved by the (UNINTELLIGIBLE) -- Commissioner Carollo: Hold on. RE.4? Chair Hardemon: We've already passed the SR.4 that goes with -- Commissioner Reyes: Yes. Commissioner Carollo: Right, but what -- you're talking about RE.4? Chair Hardemon: RE.4, correct. Commissioner Carollo: Let me go to this. I got to -- Victoria Mendez (City Attorney): The alternate seals, the alternate seals resolution. Commissioner Carollo: Okay, RE.4. Okay, let -- Commissioner Reyes, you had some concerns that you -- Commissioner Reyes: Yes, I did. Commissioner Carollo: -- expressed the last time. And look -- Commissioner Reyes: I did. Commissioner Carollo: -- let me say this. The Mayor has been -- certainly with me -- extremely upfront, transparent this whole (UNINTELLIGIBLE), when he first came to me and explained it. Frankly, it's my fault that I should have paid more attention to what he was telling me at the time and looked at the seals. I don't have any problems with different color schemes, that we approve or different times and different projects. City of Miami Page 97 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 But where I started getting a little shaky in this was when I saw one of the seals that 1 was shown yesterday by staff, and that's when I, you know, started getting concerned. It was a total different palm tree than the one we have and the look. In fact, I kind of joked -- but you know 1 was halfWay serious -- that it looked like a marijuana plant because of the way the palm tree was made. But you know, the shape of that seal, that's what we sold about Miami, you know, since we became a city. My concern is that if we start changing the looks of it, we're going to lose our identity. I mean, who are we going to be then? It's one thing on the color scheme. We could play with that from time to time. Commissioner Reyes: Absolutely. Commissioner Carollo: But when we start changing the actual seal, I do have some concern with that. And 1 spoke to the Mayor about it. We spoke this morning. And I think he will be okay with just approving the color scheme. But you know, this is not one of those that I'm going to draw the line in the sand. I'm just expressing my opinion, and I expressed it to the Mayor, who again, I repeat, was upfront and transparent on this from day one. Commissioner Reyes: Commissioner, you're lucky, very lucky, and you're privileged that the Mayor came to you and explained it. I don't know ifI am in the doghouse with the Mayor because he never had the courtesy of calling me and explaining that we are not going to change -- that my concern is -- and I've made my concern very clear now before you came in that the original seal will be our seal. You can change the color, but the original palm tree, the original seal, will be -- and in all of --1 mean, every one of our -- 1 mean, as it is now, it is painted in all our vehicles. It is in all -- our stationary has that seal. That shouldn't be changed. Now, for special event and all of that, you want to use it, you want to give it a little change, but basically, the seal is going to be the same, and that's what 1 want -- you see? -- because that is our identity. It is branding. You never see Chevrolet change their logo. You never see -- I mean, have you ever watched any of the huge companies change their logo? No. This is what we are known for. And we are not going to -- I mean, I am concerned about it. And I mean -- Mayor didn't come and talk to me because I would have told him straight to his face -- you see? -- I don't mind if you want to make it, I mean, a darker color or whatever. But I don't -- and this is my concern. And I stated that -- before you came in and I was assured that the seal is the same. We are not going to change the seal in our official stationaries, or in our -- and neither on our vehicles and all of that. Besides, that would be an expense that at this time we cannot incur. Now, if you -- as a Commissioner -- I mean, that this allows you to have a different seal for -- this is Commissioner Carollo's, I mean, I don't agree with it, but I might go along with it because I think that we should be known -- I mean, we have only one logo and then there is one seal, you see? That's what I -- but I can go as far as that. And I repeat, you are privileged because I never -- and I never could understand the intent and the reason behind this, never. Commissioner Carollo: Let me just say something else too. We have a lot of cities, not just in Miami -Dade County, but in other parts of the state that use different forms of coconut trees or palm trees in their seal. So that's another concern that I would have that people are used to seeing the seal that we have now. And if we start changing it, that could become confusing. They might not even know if this is the City of Miami or somewhere else. Commissioner Reyes: Or somewhere else. You're absolutely right. Commissioner Carollo: That's, you know, my opinion. If a majority thinks different, this is one I'nt not going to draw the line in the sand. But I'm going to just express my opinion. I, you know, would prefer if we just approved the color scheme; that it could come before us and we approve -- City of Miami Page 98 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Reyes: Absolutely. Commissioner Carollo: -- different color schemes but keep it within the seal that we have now. Commissioner Reyes: Keep it within the shape of our palm tree. Commissioner Carollo: Yeah. Commissioner Reyes: Our palm tree. That's the official seal. Commissioner Carollo: Yeah, that with the name and everything else that we have it. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: For clarification, this does not change our official seal, correct, Manager? This simply gives an alternative -- creates an alternative seal. Any one of us can do that -- right? -- if we choose to down the line? Arthur Noriega (City Manager): Correct -- Commissioner Diaz de la Portilla: Create an alternative seal -- Mr. Noriega: -- with City Commission approval. Commissioner Diaz de la Portilla: -- that may fit a particular occasion or a particular moment, you know, an art festival or something that maybe we want to change our seal just to fit into that scheme. Mr. Noriega: Yes. Commissioner Diaz de la Portilla: But our official seal does not change in any cars, in any of our official correspondence, in any of the official City buildings, none of that. That doesn't happen, correct? Mr. Noriega: The City's official seal is the City's official seal. And any future seal alterations or modifications for events or special purposes would need to come to the Commission for -- Commissioner Diaz de la Portilla: Like a football team that changes -- go back to 1972 colors or uses old uniforms. It's just an alternative just for -- to fit the occasion or anniversaries or things like -- of that nature. That gives us more flexibility. Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: But I'm not opposed to it for that reason. I mean, it would be a totally different conversation if we're talking about our official seal. Commissioner Reyes: That's my problem. Commissioner Diaz de la Portilla: But it's not our official seal. It's just an alternative seal that we could use for -- you know? -- a festival that we have, a film fest or something that maybe -- you know? -- it could fit that occasion and make it more contemporary. I like, you know, modern things, things that fit the occasion, so I don't see a problem with it from my perspective. Commissioner Carollo: Yeah -- City of Miami Page 99 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Reyes: The only problem that I see is -- excuse me, Commissioner -- when we change the shape of our palm tree, we change it completely, and that doesn't look like our -- it looks like a marijuana plant, as Commissioner said, or -- Commissioner Diaz de la Portilla: Well, my dad -- Commissioner Reyes: -- a mango tree. Commissioner Diaz de la Portilla: -- has a nursery business. And we have like 17 different kind of palm trees. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: Which palm tree dominates (UNINTELLIGIBLE). Commissioner Reyes: That's right. But we have one that it is our official seal. And within that constraint, you can paint it any color you want. But you know, that's what I'm saying. Commissioner Carollo: Commissioner Diaz is dancing around the subject. Commissioner Reyes: Yes, yes. Commissioner Carollo: He mentioned the different palm trees the father has, but what he doesn't say to you is the one that he's got a real conflict of interest with that he wants to --1 see. I can see it through his eyes. I see it. The one that he wants to use. He wants to put mamey tree. Commissioner Reyes: That's right, that's right. That's why -- Commissioner Carollo: He wants to put a mamey tree in the seal. Commissioner Reyes: That is why he agrees with changing it. Commissioner Diaz de la Portilla: I have the right. I have the right, like every Commissioner on this dais (UNINTELLIGIBLE). Commissioner Carollo: No mameys in the seal. Commissioner Diaz de la Portilla: I have the right to have my own seal. So I want -- if I want a mamey tree, I put a mamey tree. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: But I need your votes for it. That's the only thing. I think Commissioner Reyes would vote for a mamey tree seal. Commissioner Reyes: Absolutely, absolutely, absolutely. They're delicious. Chair Hardemon: Would the Mayor like to add anything to the conversation? Mayor Suarez: No, I -- Commissioner Diaz de la Portilla: But seriously, I have no issue with an alternative seal. Commissioner Reyes: As long as we -- City of Miami Page 100 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Fonda- As long as it's clear, crystal clear that we're not changing our official seal. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: That our official seal remains our official seal. Commissioner Reyes: That was my, question and my concern. Commissioner Diaz de la Portilla: I have no problem with that to be honest with you. Commissioner Reyes: That was my question and my concern. 1 have no problem with it as long as our seal, official seal, is not touched. Okay. Commissioner Carollo: (UNINTELLIGIBLE) -- and like I said, this is not one of those issues that I'm going to draw the line in the sand so -- Commissioner Reyes: No, me either. Commissioner Diaz de la Portilla: Thank God. Commissioner Reyes: Thank God. Commissioner Diaz de la Portilla: It's a seal. Commissioner Carollo: Except for mameys. Commissioner Diaz de la Portilla: We're hungry. Commissioner Carollo: I don't want to see a mamey there. Mayor Suarez: Draw the line at the mamey. Commissioner Reyes: How about a mamoncillo tree? Commissioner Diaz de la Portilla: I commit to you, Commissioner Carollo and Reyes, there will not be a mamey seal, at least during my first term. Let me get reelected and then we'll figure it out. Commissioner Reyes: That's right. And keep the color blue. It's what we are known for. See and -- Commissioner Carollo: I have to admit to you guys. I'm a little traumatized from mameys. Mayor Suarez: Why? Are you allergic? Commissioner Diaz de la Portilla: Why? Commissioner Carollo: No, no, no, no. When the Pope came here to Miami many years ago -- Commissioner Reyes: You gave him a mamey? Commissioner Carollo: No. Commissioner Reyes: Oh. City of Miami Page 101 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: He gave you a mamey. Commissioner Carollo: After we left the meet and greet with the Pope, I went and bought a mamey tree, and I planted it that same day. And that tree became the tallest mamey tree within the City of Miami. It would give mameys that in some cases were as big as five pounds, which is huge. In fact, I remember Marta Flores -- bless her heart -- that once she got some of those, she'd be bragging about it in the radio all the time. And then something happened to the mamey tree, and that's why I'm -- you know, was left a little traumatized with maineys. Commissioner Diaz de la Portilla: What happened to the mamey tree? Commissioner Reyes: What happened? Commissioner Carollo: That's the part I'm not going to talk about. Commissioner Reyes: Now we're all curious. Commissioner Diaz de la Portilla: Now we really want to hear the story. Commissioner Reyes: We want to hear the story, man. Chair Hardemon: All right. Seeing no further discussion on the issue, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: That motion carries. Todd B. Hannon (City Clerk): Chair, there's just one amendment, to include Ordinance Number 13930. Chair Hardemon: Thank you very much. Noted for the record. Gentlemen, this is our lunch hour. So 171 see everyone back at 3 o'clock Commissioner Reyes: Yes, sir. Commissioner Diaz de la Portilla: That's lunch, three hours. Commissioner Carollo: Thank you. Chair Hardemon: Our -- it's almost 1 o'clock. Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: Oh, wow. It's almost 1? Oh, wow. Time flies when you're having fun. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: I want to find out what happened to that mamey tree. Commissioner Reyes: That's right, that's right. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) I'm sorry. City of Miami Page 102 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Reyes: I mean -- Commissioner Diaz de la Portilla: Vicky, is it okay if I call Commissioner Carollo and ask him just that question? Is that okay? Is that allowed? Victoria Mendez (City Attorney): It's fine. Commissioner Diaz de la Portilla: Okay, thank you. Commissioner Reyes: Where was it planted? Maybe we go and interview -- Commissioner Diaz de la Portilla: Yeah, yeah. We track it down. Commissioner Reyes: -- the neighbors. What was the address? Commissioner Carollo: Gentlemen, I have to have lunch. RE.5 RESOLUTION 7820 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION CO - DESIGNATING THAT PORTION WITHIN THE CITY OF MIAMI LIMITS OF NORTHWEST 16TH STREET FROM NORTHWEST 11TH AVENUE TO NORTHWEST 14TH AVENUE AS "DR. EUGENE J. SAYFIE WAY"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. ENACTMENT NUMBER: R-20-0317 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number RE.5, please see Item Number RE.3. City of Miami Page 103 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 RE.6 RESOLUTION 7327 MAY BE WITHDRAWN Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE MOTORIZED SCOOTER PILOT PROGRAM FOR AN ADDITIONAL TWO (2) MONTHS FROM APRIL 15, 2020 TO JUNE 15, 2020. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number RE.6, please see "Order of the Day." RE.7 RESOLUTION 7649 Department of Procurement A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE ASSIGNMENT AND ASSUMPTION OF REQUEST FOR PROPOSALS CONTRACT NO. 348322 FOR THE PROVISION AND ADMINISTRATION OF THE CITY OF MIAMI'S PROMOTIONAL EXAMINATION PROCESSES FOR THE CLASSIFICATIONS OF POLICE CAPTAIN AND POLICE SERGEANT FROM EB JACOBS, LLC TO PSI SERVICES LLC, A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA ("PSI"); AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCEPTANCE OF ASSIGNMENT AND ASSUMPTION OF CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH PSI; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0318 City of Miami Page 104 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 RE.8 7903 City Manager's Office MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number RE.7, please see Item Number RE.3. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO CHAPTER 62/ARTICLE XIII/DIVISION 1/SECTION 62-521(B) 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," WAIVING THE TWO (2) TEMPORARY EVENT LIMITATION PER YEAR PER PROPERTY TO ALLOW THE UNIVERSITY OF MIAMI TO PLACE A TEMPORARY TRAILER AT 1851 NORTHWEST 7 AVENUE, MIAMI, FLORIDA TO CONDUCT NOVEL CORONAVIRUS VACCINATION TRIALS BEGINNING OCTOBER 2, 2020 AND ENDING OCTOBER 2, 2022. ENACTMENT NUMBER: R-20-0319 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number RE.8, please see "Public Comments for allltem(s)" and Item Number RE.3. City of Miami Page 105 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 RE.9 RESOLUTION 7958 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A MIAMI 21 REPORT AD HOC TASK FORCE ("TASK FORCE") TO WORK WITH THE CITY OF MIAMI'S ADMINISTRATION FOR RECOMMENDATIONS ON POSSIBLE CHANGES TO ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); STATING THE TASK FORCE'S PURPOSE, POWERS, DUTIES, COMPOSITION, MEMBERSHIP APPOINTMENT QUALIFICATIONS, AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, MEETINGS, QUORUM, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, PUBLIC NOTICE, AND SUNSET; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-20-0320 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Fortilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number RE.9, please see Item Number RE.3. END OF RESOLUTIONS City of Miami Page 106 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 7294 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 62/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, Planning FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ZONING AND PLANNING FEES"; MORE PARTICULARLY BY AMENDING SECTION 62-22 OF THE CITY CODE, TITLED "SCHEDULE OF FEES", SECTION 62-23 OF THE CITY CODE, TITLED "REQUEST FOR REVIEW AND APPEAL", AND SECTION 62-25 OF THE CITY CODE, TITLED "WAIVER OF FEES", TO PROVIDE CLARIFICATION AND UPDATES ON CERTAIN PLANNING AND ZONING FEES, TO CAP CERTAIN PLANNING AND ZONING FEES, AND TO PROVIDE CLARIFICATION FOR REFUND OF APPEAL FEES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13927 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Carollo, Reyes Chair Hardemon: Madam City Attorney, can you read into the record the SR (second reading) items please? Commissioner Diaz de la Portilla: Mr. Chair, I'm sorry. Are we going to do RE.4 and get that out of the way or --? Commissioner Reyes: That's right. Chair Hardemon: We're going to do the -- we have to do the SR first. Commissioner Diaz de la Portilla: Oh, I'm sorry, that's correct. The SR.4 -- that's correct, sorry. I stand corrected. That's why you're the Chair. You're on the ball. Victoria Mendez (City Attorney): SR.1. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.3. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.4. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 107 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Ms. Mendez: So those are all the second reading ordinances. I believe that there may he -- that you received a -- one second on --1 have notes here on -- there may he a possible amendment to SR.2 just to clar language. 1 need the -- I -- with regard to community effects where I believe that Vice Chairman Russell wanted to add that little amendment. And then I believe that's the change, since he had asked between first and second reading to talk about the negative effects language and all that, but it's community effrcts is what we're going to be placing. Is that fine, Vice Chairman? Is that what it was? Vice Chair Russell: That works. Commissioner Reyes: Nobody -- just one second. Nobody came to us. We didn't hear anything about it. And we have not received -- what does it mean by "community effects"? Vice Chair Russell: Mr. Chairman. If the Chairman's not there, I'll -- Commissioner Reyes: Yes. Vice Chair Russell: The changes were specifically what was stated on the dais in the last meeting. I haven't specified any specific changes with the City Attorney since then or in my briefings. Commissioner Reyes: Okay. Vice Chair Russell: So it probably should've showed up in the second reading, but she wants a clarification which just says, "community impacts," which is actually even softer than the negative impacts that we had discussed last time. Commissioner Reyes: Oh, okay, okay, okay. Vice Chair Russell: It certainly doesn't cross the threshold of disparate impact, which triggers the federal requirements. Commissioner Reyes: Yes. And I -- Commissioner Diaz de la Portilla: But what does that mean? What's community impacts? Vice Chair Russell: Well, it's -- Commissioner Diaz de la Portilla: I mean, that's a broad term. Commissioner Reyes: How do you quantify that? Commissioner Diaz de la Portilla: Yeah, what does that mean? Vice Chair Russell: It is broad, and that's why I had originally wanted the disparate impact because it gives a very set criteria that gives us a very specific feedback. But it triggers a lot of responsibilities as well. This is broad and it can be vague, but at least it gives us a picture of how a development will affect the community, and we can decide, as a Commission, if that's a negative or a positive. Commissioner Diaz de la Portilla: Well -- Vice Chair Russell: But it's really meant to look at the potential (INAUDIBLE) -- City of Miami Page 108 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Reyes: But that's included. Commissioner Diaz de la Portilla: But that's so broad that that can have the effect of creating -- you know? -- additional legal impediments -- Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: -- to development. And -- because it could capture a whole bunch of things. Community impacts could capture almost anything. And anyone could make the argument that, "Well, this is a community impact," because everything that we do has a community impact, everything. So these legal impediments -- we need to create jobs. We need to stimulate our economy. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: We need to develop responsibly and thoughtfully, but we need to develop. And we can't continue to -- Commissioner Carollo: (INAUDIBLE) too. Find out. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) these impediments -- Commissioner Carollo: The Clerk. Commissioner Diaz de la Portilla: -- on development. So maybe the question is to our City Attorney who came up with that term. What does that mean? Ms. Mendez: It is whatever you think it means basically. Commissioner Diaz de la Portilla: Of course. It's what anybody thinks it means. Commissioner Reyes: That's right. Ms. Mendez: Right. But that's why you sit there as the policymakers and you determine when you look at this if it does affect the community at all. It's a very -- Commissioner Reyes: But -- Commissioner Diaz de la Portilla: Everything affects the community. Everything we do -- Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: -- affects the community. Commissioner Reyes: If I may, Commissioner. Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: You see, when you say community, you have to really, really, I mean, set boundaries because if there is a development that is taking place in your district, then Pm going to analyze how it is going to affect Flagami. And what we're doing, we're opening up the door that a group from Flagami says, "Well, this will have a negative impact on us." And then we do exactly what Commissioner Diaz de la Portilla said, it will hold back and it will, I mean, impede the development to go forward, and that is not the intention of this. The intention of this is that we get, I mean, a clear and true picture on how the area is going to be economically impacted and how it's going to affect existing businesses in the area -- in the near area. For City of Miami Page 109 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 example, if -- and only applies to those big projects. I mean, it's not that I'm going to build a 10-, 12-story building, and I'm going to need this study. It is in order for us to have a real, real -- to have information that it is real. Because if this is -- if all of you remember, we had had instances like the Marlins Park, for example, that there was an economic study that -- I mean, convinced everybody that that was going to be the eighth wonder of the world because it was going to develop that area like no place ever had experienced any economic development like that, based on (UNINTELLIGIBLE). And it was -- the one that presented this was the economist from the developer, you see? What I want is an independent analysis that we can make a decision based on factual information. That's all I want. But it doesn't -- I mean, and I think that we cannot look at this beyond what it is, you see? Is that clear? 1 will not accept that change of community just like that. Commissioner Diaz de la Portilla: And 1 -- Mr. Chair, 1 wouldn't either. I know you have a motion, or you want a motion for the whole set of SRs, but 1 won't accept that amendment either. I wouldn't vote for that amendment. Commissioner Reyes: Yeah, me either. It's too broad, and it's too limiting. Chair Hardemon: It's broad, right. Say for instance, the statement says "community," as he's proposed. And I believe the language -- we talked about that last time on the record. We were very disturbed as a board necessarily about the language that was being proposed because we were talking about the language was too strict and it would cause concerns and limit the development because you would then have to meet that standard. And if you didn't meet that standard, then you're going to find yourself being challenged. And so here, it's -- I don't read it as it being challenged, but more so stating what the community benefits are or what the community effects are, and once you fulfill that, then essentially you continue to move forward. But I think it's just more of an acknowledgement, you know, that those effects can be positive and those effects could be negative. It's like saying when you implement a new law that we may propose, the good things could be that whatever reason that we've written this law for, those issues are solved. And the bad things could be that someone could be possibly arrested, or punished, or fined for those laws that we created. You know, it's kind of like (UNINTELLIGIBLE). Commissioner Reyes: Mr. Chair. Mr. Chair, I might clarify that. The -- as it is, it measures community impact because it would measure the amount of jobs that is going to be created, you see? It measures the amount of -- it measures the real -- or the good numbers -- not to use any other word -- that we can project the amount of taxes and contributions to the City and to the community. And as it is, it's measuring the community impact. What I don't want to open up is a Pandora's box that then somebody says, "Well how this affects socially?" And when you say community impact, it means everything, social, you see. How many elders are going to be living here? And how this going to affect --? I mean, you can take -- I mean, (UNINTELLIGIBLE) and whatever, you see? I mean, when you have a term so broad, what you do is you create constraints, you see? And I don't want to create any constraints. I don't want legislation that it is -- is going to be used as a tool for us to determine if the project is feasible, if it is going to create jobs, if it is going to help the development of the area, and if it's going to be beneficial fbr the City of Miami and is going to get revenues for the City of Miami, real revenues. And then that we are going to expand it in a way that is going to be a constraint for development. I mean, that's not my intention. My intention is to get real numbers and to be clear when we vote that what we voting for we know because we are being properly advised of the benefits that that development -- and I repeat, it's not small development. That huge development, the benefits that it's going to bring to the City of Miami or the lack of it, you see? Vice Chair Russell: Mr. Chairman. City of Miami Page 110 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Reyes: That's all. Chair Hardemon: Mr. Vice Chairman. Vice Chair Russell: Thank you. I personally would like to know if there is affordable housing on that site at the moment, and by allowing the redevelopment, it's going to displace so many residents. These are types of things I'd want to know before making a decision, but we won't know that from economic impact or how many jobs are created. We're closing our eyes to the potential negative impacts on that community, which we should care about before making a decision. But my bigger question here is why we are discussing this in this moment because this is not an amendment being placed today. This is an amendment that we voted on in the last meeting, and that amendment was accepted, and so the wording should already be contained in this legislation and not in the way that was mentioned by the City Attorney. She changed the wording to community (UNINTELLIGIBLE). Ms. Mendez: No, I need to clarify that. I need to clan fv that. Vice Chair Russell: I would like clarification on that. Ms. Mendez: Okay. So -- Vice Chair Russell: I'd like to understand why the amendment wasn't captured in the writing of this -- Commissioner Reyes: We said -- Ms. Mendez: So -- Commissioner Reyes: -- cost benefit analysis was the word that was used. And as I recall -- don't start shaking your heard. Ms. Mendez: Okay. Commissioner Reyes: The word that was used was cost benefit analysis. I'm glad you took off your mask, man. I mean -- and that analysis, it also takes into consideration the effect, both positive or negative effect that it's going to have in housing, cost of benefit, but in the surrounding areas -- you see? -- in the study area, not so broad as community, you see? In the study area, there's going to be defined the study area that the effect that it's going to have of existing businesses, how much we're going to get, and other things that could be positive and negative, but it's within the boundaries of the study area, not the community. Ms. Mendez: If I may. Based on the request that was done at the last Commission meeting, the language which is in the second paragraph of this ordinance says, "The City requires the applicant to provide an independent economic impact analysis that examines both positive and negative impacts as described herein." That was placed. When we briefed, and you advised, Vice Chairman, that you weren't totally comfortable with the language. So then we sent to you this additional language of community effects, and that's why I brought up that you wanted an amendment based on that. So if the original language between first and second that was described before about positive and negative impacts as described herein, if that is fine with you, then we don't have to add anything else. But then, obviously; it's all up to the body. Vice Chair Russell: Mr. Chairman. City of Miami Page 111 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Chair Hardemon: You're recognized, sir. Vice Chair Russell: Thank you. I think there's a bit of miscommunication there. And so it sounds like what is in our agenda today is different than what was there on the first reading based on the amendment that was accepted; is that correct? Ms. Mendez: Yes. The language -- Commissioner Reyes: Changed by you, not was changed by us. Vice Chair Russell: Right, right. Commissioner Reyes: Nobody came to us. Nobody came -- Commissioner Diaz de la Portilla: We have to vote for it, Commissioner. Commissioner Reyes: That's right. Vice Chair Russell: Right, and you did. Commissioner Diaz de la Portilla: No. Vice Chair Russell: And you did it the first time. Commissioner Reyes: No. Commissioner Diaz de la Portilla: We voted for the language -- no, we didn't. No, we didn't. Commissioner Reyes: No. Vice Chair Russell: So Madam Attorney, was an amendment made in first reading which changed the language which is now reflected in this here today? Ms. Mendez: Based on the discussion by the Commission about adding the negative -- you know, the whole disparate language discussion that we had that I said, "No, please, not disparate impact," based on that whole discussion that we had, the word negative impacts was the one that was described. And between first and second, it's added based on that discussion -- that's what we added and that's what's here before you today. Vice Chair Russell: You're calling it a discussion. It was a technical amendment I added. Ms. Mendez: I would have to defer Todd, the City Clerk, to see if it -- Vice Chair Russell.• We voted. Ms. Mendez: -- was amended or if it was a first and second reading change. Vice Chair Russell: So, my understanding -- Commissioner Diaz de la Portilla: It wasn't technical. Number one, it wasn't technical. Vice Chair Russell: (INAUDIBLE) disparate impact, and that was rejected. I had a friendly amendment based on disparate impact and that was rejected. City of Miami Page 112 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: Correct. Vice Chair Russell: And then we settled on a negative impact wording because I remember -- Commissioner Reyes: That's it. That is what -- Vice Chair Russell: -- (INAUDIBLE) what does negative impact mean. Commissioner Reyes: But that is (UNINTELLIGIBLE) -- Commissioner Diaz de la Portilla: No community benefits. Commissioner Reyes: No community benefits. Commissioner Diaz de la Portilla: No community impact. Commissioner Reyes: No community impact. Commissioner Diaz de la Portilla: That was never mentioned. Vice Chair Russell: As long as what I had said, which was amended, which was voted on in the last meeting is contained in this reading, I'm ,fine with that. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Let's vote on it if that's what you said. Vice Chair Russell: But you're clear that it is different than what was in the first reading. Commissioner Reyes: Sir, yes. And what makes it different is when you come up with - - now try to make it more populous -- you see? -- community impact -- Vice Chair Russell: That's not what's happening. Commissioner Reyes: -- and other -- okay. I mean, I feel for the community as much as you do, you see. But I mean, what we're dealing with here is -- with the legislation that is going to protect -- the people that live there, the people that have business there and the City and everybody, okay? Commissioner Diaz de la Portilla: That was sneaky Tallahassee technical amendment language. We used to do that -- Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: -- up there all the time. You try to squeeze it in there at the last minute -- Commissioner Reyes: Yeah, that's right. Commissioner Diaz de la Portilla: -- and call it a technical amendment. Commissioner Reyes: That's right. City of Miami Page 113 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: That's okay. Sometimes you get caught when you do it. Commissioner Reyes: That's fine, that's fine. That is ,fine. I do understand that, Commissioner. Okay. Vice Chair Russell: As long as the original amendment is captured, I'm fine. Thank you. Commissioner Reyes: It is. Commissioner Diaz de la Portilla: Mr. Chair. Chair Hardemon: Yes. Commissioner Diaz de la Portilla: Chair? Chair Hardemon: Yes, you're recognized. Commissioner Diaz de la Portilla: I have a question. I know I discussed it a little bit last time on SR.3. I know its Commissioner Reyes' issue. And I asked yesterday in the briefing who pays fbr the lighting. And I was told by Ms. Crespi -- well, I wasn't told. Alex Barrera was told by Ms. Crespi that the landlord pays for it, not the tenant. But in my briefing yesterday, 1 was told that it could be -- that it's the person who has the lease, which normally is the tenant. And I still -- because of the answer that I got yesterday, 1 want some sort of clarification. It doesn't only impact the 65 businesses in downtown that Ms. Crespi referenced. In fact, it's citywide, so it impacts businesses in all our districts. And that undue burden that I spoke about last time on tenants and small businessowners and small cafeteria owners concerns me because of the difficult economic times we're going through right now. It may not be -- I never got an answer because it was a late briefing last night, so maybe they didn't have time to get back to me. Or maybe they did,• I haven't read all my emails. I had like a hundred emails on the Dade Heritage house and all that, so I haven't been able to go through all that. But that's an important part of this conversation I think, Commissioner Reyes, because I don't want to have -- Commissioner Reyes: It is, it is. Commissioner Diaz de la Portilla: The husband and wife owned cafeteria -- Commissioner Reyes: It is. Commissioner Diaz de la Portilla: -- the little cafeteria where, all of a sudden, they have to dish out, you know, a thousand bucks or 800 bucks. For them, that could be the difference between staying open and closing. (UNINTELLIGIBLE). Commissioner Reyes: I agree with you, 100 percent. And the intention is that the property owner is the one that is responsible to maintain the proper conditions for safety -- you see? -- around that area. And in order to do that, I mean, try to help the property owner, we have waived all permit costs, you see. The only thing is that the installation of a couple of light bulbs or whatever it is, so that it is -- the area, it is more illuminated. You know that well -lit areas, they have -- the -- I ,'nean, the crime rate is (UNINTELLIGIBLE). And you know that people -- I mean, criminals, they don't like to be where well -lit areas are and people feel more safe. And I have seen this and have witnessed this, and I don't know if you have also. Now that Florida Power & Light is changing the lighting of the streets from the old ones -- you know, that yellow light? -- to the LED (Light Emitting Diode) lights, I have a lot of neighbors from different areas in my district that they are walking now, and they're City of Miami Page 114 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 telling me and say "Thank you for changing it." I said, "Well, I wasn't the one that changed it." But thank you for changing all the lights. Now 1 have a neighbor that said -- she said -- she lives in Auburndale, and she walks all the way to exercise -- all the way to Coral Gate because the area is so well lit that she's not afraid anymore, you see. And the intent behind this ordinance is to provide more illumination and to provide more safety. I agree with you the mom -and -pops, they are not responsible ,for the lighting. They are paving rent. And the business own -- tenant does not have to pay. It is the landlord, the landlord. And I think that what we should do is -- also when we pass this -- give them time -- you see? -- within a certain time, not that they have to do it and comply, but they will get -- I mean, six months, within the next year or whatever, you see. Work with them in order not to burden them that much and try to help them as much as we can. In Downtown Miami, what we're going to do is we're going to also -- we are working on providing -- you see? -- funds to the owners so they can --1 mean, they will expedite the change of illumination in that area. That's it. And 1 agree with you. It is not the tenants. And that concern is very well taken, and I have it -- and I really -- I mean, if you want, can we --? I mean, we have to include in the ordinance that responsibility falls on the landowners -- I mean, the landlord? That would clay f v it more, in my opinion. What do you think? Commissioner Diaz de la Portilla: I would like to have that if you don't mind, Commissioner, just to make sure. Commissioner Reyes: No,1 don't mind. Just propose it and I'll accept it. Commissioner Diaz de la Portilla: I'll propose that amendment for SR.3 -- Commissioner Reyes: And it's accepted. Commissioner Diaz de la Portilla: -- that the responsibility falls on the landlord, not on the tenant. Commissioner Reyes: Absolutely. Chair Hardemon: Okay. So is there a motion to approve the SR agenda with (UNINTELLIGIBLE) ? Commissioner Diaz de la Portilla: So moved. Commissioner Reyes: Second. Chair Hardemon: Properly moved and seconded. Any further discussion on the SR agenda? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Todd B. Hannon (City Clerk): For the record, SR.3 was amended. Commissioner Reyes: Yes. City of Miami Page 115 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 SR.2 ORDINANCE Second Reading 7186 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, TITLED "PLANNING AND ZONING/IN GENERAL;" MORE SPECIFICALLY, BY ADDING SECTION 62-2.2, TITLED "INDEPENDENT FEASIBILITY AND ECONOMIC IMPACT STUDIES," TO REQUIRE INDEPENDENT FEASIBILITY AND ECONOMIC IMPACT STUDIES BY THE CITY OF MIAMI FOR CERTAIN NEW DEVELOPMENTS; CREATING A POOL OF QUALIFIED, INDEPENDENT PROVIDERS TO CONDUCT SAID STUDIES THAT ARE SELECTED ON A COMPETITIVE BASIS AS PROVIDED HEREIN; PROVIDING THAT THE COST OF THE INDEPENDENT FEASIBILITY AND ECONOMIC IMPACT STUDY BE BORNE BY THE APPLICANT REQUIRING SAID STUDY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13928 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item Number SR.2, please see Item Number SR.1. SR.3 ORDINANCE Second Reading 7553 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS;" MORE PARTICULARLY BY CREATING A NEW ARTICLE XI, TITLED "CITYWIDE ILLUMINATION STANDARDS", TO EXTEND THE PROVISIONS OF SECTION 8C-3 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA ("COUNTY CODE"), APPLICABLE WITHIN MUNICIPALITIES AND RELATED TO PROVIDING LIGHTING OF OPEN PARKING LOTS, AREAS UNDERNEATH BUILDINGS, AND ALLEYS TO PUBLIC RIGHTS -OF -WAY IN THE CITY OF MIAMI AS DEFINED HEREIN; PROVIDING FOR THE BUILDING OFFICIAL'S ENFORCEMENT OF THIS ARTICLE AS REQUIRED BY THE COUNTY CODE TO BE ACCOMPLISHED BY THE BUILDING OFFICIAL'S DESIGNEE, INCLUDING BUT NOT LIMITED TO CODE COMPLIANCE INSPECTORS; PROVIDING FOR PENALTIES FOR VIOLATION AND WAIVER OF APPLICABLE PERMIT FEES FOR CERTAIN EXISTING STRUCTURES AND EXPEDITED REVIEW IN CONNECTION WITH COMPLIANCE WITH THESE REQUIREMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13929 City of Miami Page 116 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 MOTION TO: RESULT: MOVER: SECONDER: AYES: Note for the Record: Number SR.1. Adopt with Modification(s) ADOPTED WITH MODIFICATION(S) Alex Diaz de Ia Portilla, Commissioner Manolo Reyes, Commissioner Hardemon, Russell, Diaz de Ia Portilla, Carollo, Reyes For minutes referencing Item Number SR.3, please see Item SR.4 ORDINANCE Second Reading 7821 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "GENERAL PROVISIONS;" MORE PARTICULARLY BY AMENDING SECTION 1-16 OF THE CITY CODE TO ALLOW ALTERNATE SEALS ON LIMITED OCCASIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13930 MOTION TO: RESULT: MOVER: SECONDER: AYES: Note for the Record: Number SR.1. Adopt ADOPTED Alex Diaz de Ia Portilla, Commissioner Manolo Reyes, Commissioner Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes For minutes referencing Item Number SR.4, please see Item END OF SECOND READING ORDINANCES City, of Miami Page 117 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 FR - FIRST READING ORDINANCE FR.1 ORDINANCE First Reading 7632 Department of Resilience and Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 39/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PEDDLERS AND ITINERANT VENDORS/SIDEWALK AND STREET VENDORS", BY DELETING REQUIREMENTS AND DEFINITIONS RELATED TO THE OBSOLETE COCONUT GROVE, MIAMI ARENA, BISCAYNE BOULEVARD, AND RESTAURANT ARCADE SPECIAL VENDING DISTRICTS; PROVIDING FOR PROHIBITIONS AGAINST VENDING IN THE WYNWOOD AND COCONUT GROVE BUSINESS IMPROVEMENT DISTRICTS AND ON ANY RIGHT-OF-WAY ABUTTING A T3 TRANSECT ZONE; FURTHER PROVIDING FOR A MODIFIED MAXIMUM WIDTH FOR VENDING STANDS IN THE RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla Chair Hardemon: I'm calling the October 8, 2020 virtual City Commission meeting back to order. Madam City Attorney, can we read the first reading ordinance into the record, please? Barnaby Min (Deputy City Attorney): I'm having a problem opening the attachment. Give me one second, sir. Sony. The Ordinance was read by title into the public record by the Deputy City Attorney. Chair Hardemon: And this item actually contains all of the changes that I wanted to make, correct -- or the one change? It reflects it already? Mr. Min: It does not. I believe what you're proposing is for the ordinance to be modified to indicate that peddling may continue if they have the appropriate licenses and any vending districts that may be abolished. That is not in the attachment, but we can include that in second reading if that is the desire of the body. Chair Hardemon: Okay. Then the Chair will accept a motion on the item with that language being included. Vice Chair Russell: So moved. Chair Hardemon: Seconded by the Chair. Any discussion? Commissioner Carollo: What item is it again, Chair? Chair Hardemon: This is FR.1. Commissioner Carollo: FR.1? City of Miami Page 118 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Chair Hardemon: Yes. Commissioner Reyes, are you speaking to us, or are you speaking to someone else? Commissioner Reyes: Oh, I was trying to speak to you. Chair Hardemon: Oh, okay, okay. Commissioner Reyes: And I was talking to myself I know that you addressed the problem of peddling, you see. I mean, it doesn't prohibit them as long as they have a license. But it also address the people that they earn their living selling flowers and selling water in some intersections. And I think that if they have the proper license, they shouldn't be valid. Chair Hardemon: You say it should be valid? Commissioner Reyes: It should be valid. Chair Hardemon: Right. Commissioner Reyes: I want -- Mr. City Attorney -- Chair Hardemon: That's what I want to make sure, that people -- Commissioner Reyes: But those people, they're not peddling. What they're doing is they are earning a living by selling different items, like water, flowers -- you see? -- lemons. Some people sell lemons and fruits and all of that. And they are making an honest living. Chair Hardemon: That's exactly what I was (INAUDIBLE). I wanted to make sure that those people who are doing those things weren't pushed in these areas -- Commissioner Reyes: Okay. Chair Hardemon: -- under the guise of vending (INAUDIBLE) -- Commissioner Reyes: Okay, okay. Chair Hardemon: -- that it's explicit that they're allowed -- Commissioner Reyes: I'm glad that that is clear; that it's been clarified. Chair Hardemon: Okay. Seeing no further discussion, all in favor of the item, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? The motion passes. All right. Todd B. Hannon (City Clerk): As amended. Chair Hardemon: As amended, correct. END OF FIRST READING ORDINANCE City of Miami Page 119 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 DI.1 7255 City Manager's Office DI - DISCUSSION ITEMS DISCUSSION ITEM A DISCUSSION REGARDING A PRESENTATION BY THE CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES CONCERNING THEIR ANNUAL REPORTS: 1. STARS OF CALLE OCHO WALK OF FAME CELEBRITY AND COMMUNITY RECOGNITION ADVISORY COMMITTEE 2. VIRGINIA KEY ADVISORY BOARD 3. VIRGINIA KEY BEACH PARK TRUST RESULT: DISCUSSED Chair Hardemon: Alright ladies and gentlemen, I think that's all -- Vice Chair Russell: Discussion items. Chair Hardemon: Besides the discussion items, if we'd like to talk about those things. So we have our discussion items. Vice Chair Russell: I believe it's DI.1. Commissioner Reyes: (UNINTELLIGIBLE) later date? Commissioner Carollo: What do we have? Vice Chair Russell: DI. 1 and 2. Chair Hardemon: Yeah, because DI.3 was withdrawn, right? (UNINTELLIGIBLE) which one was it? Todd B. Hannon (City Clerk): Indefinitely deferred, Chair. Commissioner Reyes: Oh my gosh. Chair Hardemon: Are there any -- there's any reports that someone's prepared to give?DI1? Barnaby Min (Deputy City Attorney): I believe Mr. Tinnie needs to be promoted. Chair Hardemon: Okay. Mr. Tinnie, wonderful to have you. You can take your computer or phone off of mute. There you are. That's it. He can hear you, James. Yes. Gene Tinnie: Okay. Can you hear me? Chair Hardemon: I can hear you very well. We can see you too. Mr. Tinnie: Okay. Good evening, Mr. Chair and Commissioners. Okay, I have the honor of presenting our annual report that was originally scheduled to be given in March for the Virginia Key Beach Park Trust. And what I can simply do is just read this into the oral record, if you guys aren't too hungfy to hear that. And I'll begin simply to acquaint all parties with our mission and why we're doing what we do. And this is what, of course, guides all our discussions and decisions. Mission of the City of Miami Page 120 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Virginia Key Beach Park Trust is to carry forward the community's vision for the development and use of Virginia Key Beach Park, promoting and -- I'm sorry, maintaining absolute public ownership and access, fostering its perpetuation as a passive open green space that includes nature trails, recreational facilities, and museum structures, appropriate to and compatible with the nature of Virginia Key, presenting it as a valuable resource to be enjoyed by posterity and to honor the rich historical legacy of the social and civil rights history of South Florida. Okay, and then as you know, these annual reports have a kind of a standard template of seven questions. And I'll just read the questions and our answers to those. Some of this will seem -- I'm sorry, seem a little bit outdated because this was done in the spring, so some of these issues have already been dealt with, particularly the budget ones. So question number one, whether the board is serving the purpose for which it was created. 2019 was a critical and successful year for the Virginia Key Beach Park Trust. The Trust was able to continue to fulfill its mission, preserving historic Virginia Key Beach Park as a valuable cultural and environmental resource by increasing historic park tours, record -breaking volunteer participation, hosting the world- renowned Ultra Musical Festival, and gaining the City of Miami Commission's unanimous support for operational funding jbr the Historic Virginia Key Beach Museum Park Project. And we thank you again for your vision and leadership on that. The historic beach park continues to maintain listings on the United States National Register of Historic Places, the Florida Heritage Trail, and City of Miami Historic and Environmental Preservation list. Question number two, whether the board is serving current community needs. The Trust has proven its success in serving the community's need for public park space by its increasing number of families and community -based organizations that have partnered with the Trust and use the historic beach park facilities. Annual visitation has consistently surpassed 100,000 visitors, and the historic beach park continues to be the home of three summer camps in fiscal year 2018-2019, an award -winning youth soccer practice team was also invited and was voted the New York New Times 2018 Best Live Music Venue. Question number three, you know, Pm not playing in a symphony, turning these pages. Okay. A list of the board's major accomplishments. These are mainly in the form of partnerships. So I'll just list those. The partnership between the Virginia Key Beach Park Trust and Black Archives/Lyric Theater, Black Police Precinct and Courthouse Museum and Greater Miami Convention and Visitors Bureau was successful in attracting the African American Association of Museums annual conference to Miami in 2020. And just for, you know, the point of information, that's a well -established nationwide organization that brings together all the major African American museums from cities around the country and some from the Caribbean. Another partnership was a growing list of agency and event partners, Barry University, Zen Village, Florida International University, Sea Level Rise Center, Florida International University History and Library Digital Archives Partners, University of Miami CAD, that's also a community archive, Loveburn Festival, House of Creatives Festival, Grassroots Music and Dance Festival, Greater Miami Convention and Visitors Bureau, Key Biscayne Chamber of Commerce, Miami -Dade Chamber of Commerce, and the completion of the 10th annual YMCA (Young Men's Christian Association) Junior Marine Biology Summer Camp. Our third partnership was Seagrass Adventures Environmental Education Programming partnership with Biscayne Nature Center and Dade County Public Schools. Number four, partnerships with TREEmendous Miami, International Coastal Cleanup, Bonanza, and this was involved with debris removal, Debris Free Oceans, Big Blue and You, and Historic Site Restoration. And of course, TREEmendous gets a special shout out because they have been awesome in contributing and planting almost countless trees. Cultural and historic educational programming partnerships include the aforementioned The Black Archives, historic Hampton House, historic Black Police Precinct and Courthouse Museum and others, and historic and environmental programs and tours. Partners include History Miami Museum, the Frost Museum, the Miami Convention and Visitors Bureau, and Dade County Public Schools. And .finally, in the partnerships, Shoreline and Upland Ecosystem Restoration and Environmental Maintenance has City of Miami Page 121 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 attracted over 2,175 volunteers, over 6,580 volunteer hours at a value of more than $165,000 of in -kind support from community partners in 2019. Volunteer participation totals have more than doubled since 2017. The fourth question in the template is whether there is any other board, either public or private, which would better serve the function of the board. Well, of course not, but the Virginia Key Beach Park Trust has continued to gather support, partners and praise from community members, private and public sector leadership. The Trust draws on the extensive knowledge and expertise of board members representing pioneer families, environmental awareness groups, and a range of professional fields which have been assessed -- which have been assets, I'm sorry, to its continuing progress and successful leadership. Future success will require a government's model that will include the support of a nonprofit 501(c)(3) organization that will focus on fundraising, public private partnerships, and marshaling increased community expertise. And that will of course be in line with, as we extend more and more into -- my goodness. Did I lose my -- I hit something here. 1 don't know if I'm -- Pm not seeing you, but you might be still seeing me as I fold over the last page here. And let's see if we can get me back here. Okay, I'll just go on into question number five. Whether the, hold on -- sorry for the delay. Whether the ordinance -- okay, I was truing to get back on camera. Whether the ordinance creating the board should be amended to better enable the board to serve the purpose for which it was created. Our answer to that question is, the criteria set forth by the ordinance that created the Virginia Key Beach Park Trust have served the Trust well. However, following the unique financial difficulties that struck the nation during the `global economic meltdown, " also known as the Great Recession, resulting in the City of Miami's withdrawal of all direct operational funding to the Trust from 2009 to 2016, has caused many aspects of operating the historic beach park properly and in a sustainable and progressive manner to be compromised. However; we've been dealing with that. The City of Miami's annual funding contribution to the Virginia Key Beach Trust should be restored to a steadily increasing level. And of course that has already been done for which we express our appreciation. This is just a little awkward because Pin kind of talking to a blank screen here but I'll trust that this is -- Vice Chair Russell: We can see you, Mr. Tinnie, you look amazing. Mr. Tinnie: Great, thank you. Is my hair all right? I hope. The Trust's ordinance should be amended if that's what is required to provide trust employees full participation in the City of Miami retirement and pension system. With the issuance of purchasing cards, known as P-cards, that's also needed, and assurance of workers' compensation coverage at all times. So that's an Administrative matter that we'll probably need to discuss, I imagine, with the City Manager's Office. And our staff are boots on the ground and have a lot more clear idea of the details involved, what number of full-time employees as opposed to consultants we have and so forth. So we look forward to having that discussion. Our next to last question is whether the board's' membership requirements should be modified. The existing memberships eligibility requirements for trustees should explore the inclusion of at -large trustees who may not reside, work or own property in the city of Miami, but reside in Miami - Dade County and have a strong bond with the historic beach park. This would allow the board to reach further into the South Florida regional area and take advantage of community expertise for board development. Otherwise, the criteria set forth by the ordinance that created the Virginia Key Beach Park Trust have served the Trust well. We've had some challenges over the years of finding board members. We actually have three vacancies on the board. And we did in fact find that, you know, there are folks who have intimate knowledge and love of the beach, but they live outside the city limits who are willing to serve and they don't work in the city or own property. So, we'll be essentially bringing that to your attention, particularly those districts that don't presently have an appointee. And the last question on our annual report, the cost both direct and indirect of maintaining the board. It's more of a statement than a question, but anyway. The Trust's purpose, powers, and duties comprise a great City of Miami Page 122 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 responsibility, to the community, which the Trust continues to fulfill with great dedication. I definitely have to commend our staff We are very fortunate to have folks that just routinely go the extra mile and that's just a rare blessing. But we also have the extreme difficulty due to the aforementioned financial crisis which resulted in the City of Miami's withdrawal of direct operational funds in the time that was mentioned. The Trust requires an annual City of Miami contribution for community outreach, security, fundraising, special educational programming, advertising and promotional materials, cultural and historic collections, management and volunteer coordination to effectively provide service to the community. Clearly defined capital improvements fund should be allocated to the Trust to guarantee needed property improvements and maintenance to fulfill a 10 year historic Virginia Key Beach Park improvement and sea level rise capital plan. And many of those things have already been addressed in our budget negotiations with the various line items. In closing, I'll just mention a few things. Because of COVID, we did not have the huge public celebration that we would have had this year, but this year does mark the 75th anniversary year of the park opening in 1945, a very meaningful landmark and certainly one that we were able to celebrate in a limited way in online fashion. And on my notes here, I think I have just two sort of just points of clarification, minor points. I think there was a recent -- we saw some recent correspondence with City staff. It seems that some folks were referring to the Trust as an advisory board and it's not that, so we want to make sure of that. And I think there have been some references to the whole museum project as being a civil rights museum. It is that, but it's far from being only that, because it also incorporates environmental awareness and social history that goes well beyond the Civil Rights era, which is generally considered to be 1955 to 1965. You know Miami was not Birmingham or one of these places that had all sorts of you know hateful actions going on that needed to be remembered. In fact, Miami's response to Jim Crow segregation is so different, so special, that that's all the more reason why the story has to be told. So, that's essentially it on that. And I thank you very much for providing the time and your attention for sharing this. And I'm still messing around trying to get on. Chair Hardemon: No problem, we can see you very well. Mr. Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman and Mr. Tinnie, thank you for everything, everything, everything you do. And congratulations on your 75th anniversary and thank you for inviting me to that gala. I would love for the video that was produced for that gala to be circulated to every single one of these commissioners. Because it -- Mr. Tinnie Yes, okay. Will do. Will do. It took a while for us to kind of work out all the little bugs with it, but we'll absolutely do that, yes. Vice Chair Russell: It moves you to tears, and it tells the story of a place that is so much more than just Miami's only blue water beach. It's so special, and the way you've preserved it, and the story you're trying to tell, and its future is so important. If there's anything that should be a citywide asset that all of us try to spend time at and go to events at and bring our residents to, it's the Virginia Key Beach Park. And so thank you for everything you do. Mr. Tinnie: Thank you Pr that recognition. I'll certainly share that with my fellow trustees and the staff Chair Hardemon: Very much. We appreciate you, sir. Mr. Tinnie: Thank you. That's mutual. Keep up the good. Chair Hardemon: There are no further annual reports. City of Miami Page 123 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 DI.2 DISCUSSION ITEM 7231 Department of Finance A DISCUSSION REGARDING UNREIMBURSED GRANT EXPENDITURES FOR QUARTER ENDING 12/31/2019 RESULT: DISCUSSED Chair Hardemon: So then we move on to D1.2, which is a discussion on reimbursed grant expenditures. I'm sure that's probably very brief. Is there anyone from the City Manager's Office that's reporting the unreimbursed grant expenditures? Commissioner Diaz de la Portilla: I think the Manager's having conch. Our Mayor's gone, Barnaby's gone. Commissioner Reyes: (UNINTELLIGIBLE) had dinner already. Victoria Mendez (City Attorney): Barnaby's there. Commissioner Diaz de la Portilla: I don't see Barnaby anywhere. Ms. Mendez: He's there. He's there. Commissioner Diaz de la Portilla: Hi, Barnaby. Welcome back. The Manager's back. (UNINTELLIGIBLE) Mayor. Chair Hardemon: Yeah, we're back to the discussion on reimbursed grant expenditures. Erica Paschal: Good afternoon, or good evening, Commissioners. Erica Paschal for the Finance Department. For our financial integrity ordinance, we are required to report all non -reimbursable grants on a quarterly basis. For the quarter ending December 31st, 2019, we are to report that $43,275.97 was disallowed by the Florida Inland Navigation District due to -- for the project by Miami Marine Stadium, due to the fact that the project never did proceed into the construction phase of the project. It will not reimburse us if the project does not move into construction. Are there any questions? Chair Hardemon: Is demolition considered construction? Ms. Paschal: No. Chair Hardemon: No? Ms. Paschal: No. Chair Hardemon: Okay. Not in this situation, right? Okay. Any other questions, anyone? And just a major congratulations to Erica and her university that she graduated from, her alma matey; they were named, Florida Agricultural Mechanical University was named the top public HBCU in the nation. Right? It was a college, oh I'm sorry, top public college in the nation. Ms. Paschal: That would be our alma mater. Chair Hardemon: That's correct. No, I'm shining the light on you right now, you know? So, I wanted to clean up the record. Ms. Paschal: Thank you. City of Miami Page 124 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 DI.3 7285 Department of Resilience and Public Works Chair Hardemon: Thank you very much. Is there anyone else? Ms. Mendez: So, Chairman, the Commission is going to miss you so much that they added a few more meetings while you were gone. Chair Hardemon: No, I saw everything that they added. I don't know if I'm going to be there, but you know, cause you never know, things could get really bad and I don't want to have any issues with the big C, Corona. Commissioner Diaz de la Portilla: The big C. Chair Hardemon: The big C, yeah. Alright, so is there anything else? I think we've done everything. All hearts and minds are clear? Commissioner Diaz de la Portilla: Yes, sir. Chair Hardemon: Yes? Okay. This meeting is concluded. Thank you very much. DISCUSSION ITEM A DISCUSSION REGARDING TRANSIT ALLIANCE BETTER BUS PROJECT MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number DL3, please see "Order of the Day." END OF DISCUSSION ITEMS City of Miami Page 125 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 BC.1 7003 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING JOE MILTON AS A MEMBER OF THE AFFORDABLE HOMEOWNERSHIP LOAN PROGRAM TASK FORCE. ENACTMENT NUMBER: R-20-0328 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes ABSENT: Hardemon Vice Chair Russell: Madam City Clerk, if we could do the rest of the appointments, please? Nicole N. Ewan (Assistant City Clerk): Yes, Vice Chair. BC.1, the Affordable Homeownership Loan Program Task Force: Commissioner Reyes is requesting removal of his appointee, Joe Milton. Vice Chair Russell: You need a motion for a removal? Ms. Ewan: Yes, Vice Chairman, we do. Commissioner Reyes: I move it. Vice Chair Russell: It's been moved by Commissioner Reyes. Is there a second? Commissioner Dias de la Portilla: Second. Vice Chair Russell: Seconded by Commissioner Diaz de la Portilla. Any further discussion? All in favor, say "aye." The Commission (Collectively): Ave. Vice Chair Russell: Motion passes. City of Miami Page 126 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 BC.2 7361 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ART IN PUBLIC PLACES BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate At -Large) RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commission -At -Large Commission -At -Large Commission -At -Large Commission -At -Large Commission -At -Large Nicole N. Ewan (Assistant City Clerk): BC.2, Arts and Entertainment Council.: Pursuant to Code Section 2-1142, Chair Hardemon will be appointing Marvin Weeks as the Council's chairperson. Commissioner Carollo: For what position? Ms. Ewan: This is for the chair -- the Council chairperson for the Arts and Entertainment Counsel, pursuant to Code 2-1142. Commissioner Carollo: Second. It's been moved by Commissioner Hardemon. I'll second it. Vice Chair Russell.: Who is the mover, please? Ms. Ewan: Commissioner Hardemon is not present. Vice Chair Russell: He's not present. Commissioner Reyes: I move it. I move it and he seconded. Commissioner Carollo: Right, and I seconded it. City of Miami Page 127 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Vice Chair Russell: You're the mover; Commissioner Carollo, you're the second. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. BC.3 RESOLUTION 5544 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Office of the City INDIVIDUAL AS CHAIRPERSON OF THE ARTS AND ENTERTAINMENT COUNCIL. Clerk BC.4 6672 Office of the City Clerk APPOINTEE: NOMINATED BY: Marvin Weeks Commissioner Keon Hardemon ENACTMENT NUMBER: R-20-0329 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon City of Miami Page 128 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 BC.5 7596 Office of the City Clerk BC.6 6956 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Keon Hardemon Commission -At -Large RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Gabriel Paez Civilian Investigative Panel RESULT: NO ACTION TAKEN City of Miami Page 129 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 BC.7 7961 Office of the City Clerk BC.8 6958 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commission -At -Large RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE COMPLIANCE TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon City of Miami Page 130 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 BC.9 7962 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Maritza Vasquez ENACTMENT NUMBER: R-20-0330 NOMINATED BY: Commission -At -Large MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon Chair Hardemon: Mr. Russell -- Commissioner Carollo: Mr. Chairman, could I take up one real quick; BC.9, an appointment? Chair Hardemon: Sure. Commissioner Russell, I want you to take -- Vice Chair Russell: Could we take all the appointments then? Commissioner Carollo: Okay. This is for BC.9; an appointment of Marina Vasquez to the Code Enforcement Board; my appointment. Commissioner Reyes: Second it. Chair Hardemon: Mr. Vice Chairman, I want you to handle it and I'm going to step away one second, okay? Vice Chair Russell: Thank you. Commissioner Carollo: There's' a motion, there's a second. Vice Chair Russell: Let's -- I'm sorry, Mr. Commissioner. There's a motion. Is there a second? Commissioner Carollo: Commissioner Reyes seconded it. Commissioner Reyes: Yes, sir. Vice Chair Russell: Commissioner Reyes, there's a second. Commissioner Reyes: Yes. Vice Chair Russell: Any discussion? All in favor, say "aye." City of Miami Page 131 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 BC.10 6734 Office of the City Clerk The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. Commissioner Carollo: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN AND QUALITY OF LIFE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon Commission -At -Large Commission -At -Large City Manager Arthur Noriega, V City of Miami Page 132 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 BC.11 5547 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon City of Miami Page 133 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 BC.12 5976 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon IAFF FOP AFSCME 1907 AFSCME 871 City of Miami Page 134 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 BC.13 6959 Office of the City Clerk BC.14 7963 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Erica Paschal City Manager Arthur Noriega, V ENACTMENT NUMBER: R-20-0331 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon Nicole N. Ewan (Assistant City Clerk): BC.13, Finance Committee: City Manager Noriega will be reappointing Erica Paschal to the Finance Committee. Vice Chair Russell: Thank you. Is there a motion, please? Commissioner Reyes: Move it. Vice Chair Russell: Moved by Commissioner Reyes; seconded by the Chair. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes City of Miami Page 135 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 BC.15 7506 Office of the City Clerk RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: (Architect/Architectural Historian - Category 4) (Real Estate Broker — Category 5) (Citizen — Category 7) (Historian/Architectural Historian - Category 3) (Business and Finance or Law — Category 6) (Architect — Category 1) (Alternate in Business and Finance or Law — Category 8) (Citizen — Category 7) (Landscape Architect — Category 2) RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon City of Miami Page 136 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 BC.16 7964 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBERS OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER ("LGBTQ") ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Nicole Alvarez Mayor Francis Suarez ENACTMENT NUMBER: R-20-0332 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon Nicole N. Ewan (Assistant City Clerk): BC.16, LGBTQ (Lesbian, Gay, Bisexual Transgender, Queer) Advisory Board: Mayor Suarez will be appointing Nicole Alvarez. Commissioner Carollo: Second. Vice Chair Russell: Is there a motion, please? Commissioner Carollo: Well, IZl make the motion. Commissioner Reyes: I second. Vice Chair Russell: Moved by Commissioner Carollo; seconded by Commissioner Reyes. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. City of Miami Page 137 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 BC.17 7965 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S COUNCIL ON GLOBAL COMPETITIVENESS FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Keon Hardemon Commission -At -Large Commission -At -Large City of Miami Page 138 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 BC.18 6960 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI COMPLETE COUNT COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Jacqui Colyer ENACTMENT NUMBER: R-20-0333 NOMINATED BY: City Manager Arthur Noriega, V MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon Nicole N. Ewan (Assistant City Clerk): BC.18, Miami Complete Count Committee: City Manager Noriega will be reappointing Jackie Colyer. Commissioner Carollo: Move it. Commissioner Reyes: Second. Vice Chair Russell: Moved by Commissioner Carollo; seconded by Commissioner Reyes. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Ms. Ewan: Thank you. City of Miami Page 139 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 BC.19 5199 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Ralph Rosado ENACTMENT NUMBER: R-20-0334 NOMINATED BY: Commissioner Manolo Reyes MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon Note for the Record: A motion was made by Commissioner Reyes, seconded by Vice Chair Russell, and was passed unanimously, with Chair Hardemon absent, to appoint Ralph Rosado as a member of the Miami Forever Bond Program Citizens' Oversight Board; ,further waiving the employment prohibition contained in Section 2-884(e) of the Code of the City of Miami, as amended, is hereby waived by a four fifths (4/5ths) vote of the members of the City Commission, as said requirement relates to the appointment of Ralph Rosado as a member of the Miami Forever Bond Program Citizens' Oversight Board. Nicole N. Ewan (Assistant City Clerk): And BC.19, Miami Forever Bond Program Citizens Oversight Board: Commissioner Reyes will be reappointing Ralph Rosado, who requires a four -fifth employment waiver pursuant to Code Section 2-884(e). Commissioner Reyes: Move it. Commissioner Carollo: Second. Commissioner Diaz de la Portilla: Hold on a second. Let me see. Vice Chair Russell: Is there a second for the motion, please? I'll second it for discussion. Go ahead, Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Why are we naming Ralph Rosado? He's not a -- is he a City -- he's not a City of Miami resident. Commissioner Reyes: Yes, he is. Commissioner Diaz de la Portilla: He's a City -- Isn't he a City of Miami -- City Manager somewhere else? Commissioner Reyes: Yes, he is a City Manager and -- but he's a resident of Coral Park. Commissioner Diaz de la Portilla: Okay. So why does he need a waiver? City of Miami Page 140 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Ms. Ewan: He needs a waiver because the Code prohibits an employee -- Commissioner Diaz de la Portilla: I'm sorry; excuse me, one second. Yes? Ms. Ewan: He needs a waiver because the Code prohibits an employee of another municipality to serve on a board unless they obtain a waiver from the City Commission by a 4/5ths vote. Commissioner Reyes: That's an -- he's a reappointment. Ms. Ewan: He's currently sitting on the board. Commissioner Reyes: He's sitting on the board already. Vice Chair Russell: Well, if anyone would oppose it, it would be you, Commissioner Reyes, and if you're making the motion -- Commissioner Diaz de la Portilla: No. Well, I know; that's why I'm asking -- Commissioner Reyes: Listen, listen -- Commissioner Diaz de la Portilla: -- if it's their -- Vice Chair Russell: Peace, peace. Commissioner Diaz de 1a Portilla: Well, no, no, no. Commissioner Reyes: No, peace. He deserve it. Commissioner Diaz de la Portilla: Look, peace is overrated. Commissioner Reyes: That's right. But he is -- Commissioner Diaz de la Portilla: Peace is overrated. Commissioner Reyes: He's -- Commissioner Diaz de la Portilla: War is more fun. Well, you know what happens. Commissioner Reyes: Yes, yes, right. Commissioner Diaz de la Portilla: If Commissioner Reyes, as he's becoming a little bit older and wiser and -- you know -- more peaceful now, and he's willing to be a good man and reward somebody who was not very, good to him during that campaign cycle, then that says a lot about you, Commissioner Reyes. It says a lot about what kind of man you are. Commissioner Reyes: Well, you see, you have to be magnanimous in victory and very -- how do you say it? -- proud in defeat. You see what I mean? In victories, you have to be magnanimous. Commissioner Diaz de la Portilla: Well, I commend you on that. I could never do that with -- Commissioner Russell's pick for my district was Eleazar Melendez. I could never do that with him. City of Miami Page 141 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 BC.20 7261 Office of the City Clerk Commissioner Reyes: But he was different. The attacks that they directed to you were more than personal, and it was also -- not only you; your family and everything that has been forgiven. Commissioner Diaz de la Portilla: Yeah. And it was pretty ugly. It was pretty ugly when (UNINTELLIGIBLE). Commissioner Reyes: It was pretty ugly. The only thing -- that Rosado accused me of being old. Commissioner Diaz de la Portilla: Yeah, but that's not an accusation; that's a fact. Commissioner Reyes: That's a fact. Commissioner Diaz de la Portilla: You know. But, yeah, but that's very magnanimous of you, and I really, really, really commend you for that. Commissioner Reyes: Thank you, sir. Thank you. Commissioner Diaz de la Portilla: So, you know, obviously, it's your pick, and I will support you with that. Commissioner Reyes: Thank you, sir. Vice Chair Russell: Thank you. There's a motion and there's a second. This is a 4/5ths. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI RIVER COMMISSION FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: RESULT: NO ACTION TAKEN Commission -At -Large City of Miami Page 142 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 BC.21 5039 Office of the City Clerk BC.22 7966 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Youth Member) RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Keon Hardemon Commissioner Keon Hardemon Commissioner Keon Hardemon Commissioner Keon Hardemon Commissioner Keon Hardemon RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Manolo Reyes City of Miami Page 143 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 BC.23 3693 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large City of Miami Page 144 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 BC.24 5453 Office of the City Clerk BC.25 5844 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AND CONFIRMING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Lynn Lewis RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Ken Russell Commission -At -Large National Trust for Historic Preservation City of Miami Page 145 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 BC.26 7246 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon City of Miami Page 146 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 PZ.1 6931 Office of Zoning PZ.2 6983 Office of Zoning PART B: PZ - PLANNING AND ZONING ITEM(S) RESOLUTION MAY BE WITHDRAWN A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY BECKER BOARDS MIAMI, LLC AND REVERSING/AFFIRMING THE DECISION OF THE CITY MANAGER'S DESIGNEE PURSUANT TO SECTION 62-609(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE LOCATION CHANGE OF MURAL PERMIT NO. 19-0012 TO THE PROPERTY LOCATED AT 78 NORTHWEST 37TH STREET, MIAMI, FLORIDA BY NTWW, LLC. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.1, please see "Order of the Day." RESOLUTION MAY BE WITHDRAWN A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY SET MIDTOWN, LLC AND REVERSING/AFFIRMING THE DECISION OF THE CITY MANAGER'S DESIGNEE PURSUANT TO SECTION 62-603 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPROVAL OF BECKER BOARDS MIAMI, LLC AS A QUALIFIED APPLICANT. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.2, please see "Order of the Day." City of Miami Page 147 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 PZ.3 7022 Office of Zoning RESOLUTION MAY BE WITHDRAWN A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY SET MIDTOWN, LLC AND REVERSING/AFFIRMING THE DECISION OF THE CITY MANAGER'S DESIGNEE PURSUANT TO SECTION 62-609(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE LOCATION CHANGE OF MURAL PERMIT NO. 18-0041 TO THE PROPERTY LOCATED AT 70 NORTHWEST 37 STREET, MIAMI, FLORIDA BY BECKER BOARDS MIAMI, LLC. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.3, please see "Order of the Day." PZ.4 RESOLUTION 6528 MAY BE WITHDRAWN Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENTS, GRANTING OR DENYING THE APPEAL FILED BY VILLAGE MONTESSORI SCHOOL OF A PLANNING, ZONING AND APPEALS BOARD ("PZAB") DECISION AND AFFIRMING OR REVERSING PZAB'S DENIAL OF AN EXCEPTION PURSUANT TO ARTICLE 4, TABLE 3 AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW A PRE- SCHOOL/CHILD CARE FACILITY FOR A MAXIMUM OF 186 CHILDREN ON THREE (3) PARCELS LOCATED WITHIN A "T4-R," GENERAL URBAN TRANSECT ZONE - RESTRICTED, AND "T6-8-O," URBAN CORE TRANSECT ZONE - OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1267 SOUTHWEST 22 STREET, 1292 SOUTHWEST 21 TERRACE, AND 2149 SOUTHWEST 13 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.4, please see "Order of the Day." City of Miami Page 148 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 PZ.5 ORDINANCE Second Reading 6796 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY AMENDING ARTICLE 6, TABLE 13, TITLED "SUPPLEMENTAL REGULATIONS," TO ADD A SUPPLEMENTAL REGULATION FOR "PUBLIC STORAGE FACILITIES" BY REQUIRING ON -SITE BULK WASTE DISPOSAL, PROVIDING FOR ALLOWANCE BY WARRANT, DESIGN REVIEW, SEPARATION/DISTANCE REQUIREMENTS, AND REGULATIONS WITHIN CERTAIN TRANSECT ZONES, AND PROVIDING AN EXCEPTION IN LIMITED INSTANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13931 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Russell ABSENT: Hardemon Vice Chair Russell: Mr. Clerk, what's PL 5? Todd B. Hannon (City Clerk): You are good to go when it comes to non- agenda items. We may, now move to DI.1 and DI.2 or the PZ (Planning and Zoning) items. Vice Chair Russell: We've covered all of the pocket items? Mr. Hannon: Good to go sir. Vice Chair Russell: All right, I'd like to do the PZ items before we go to the discussion items please. So, the remaining PZ items, the next one is -- Commissioner Reyes: We have PZ.5 -- Vice Chair Russell: PZ.6 and 7, is that all we have? Commissioner Reyes: 5, 6 and 7. Vice Chair Russell: I believe we -- oh yes 5, 6 and 7. Let's take PZ.5 zoning text public storage facilities. Commissioner Reyes: I move it. Vice Chair Russell: Is there a motion on PZ.5? Commissioner Reyes: I move it. Vice Chair Russell: Moved by Commissioner Reyes. Is there a second? Commissioner Carollo: What is the recommendation for the Administration? City of Miami Page 149 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Francisco Garcia: To approve, sir; Francisco Garcia for the record, Planning Director. Vice Chair Russell: This has to do with public storage and their disposal of waste. Commissioner Reyes: Absolutely. Commissioner Carollo: I will second it. I will second it. Vice Chair Russell: Seconded by Commissioner Carollo. So we have a motion, we have a second. Open for discussion. Commissioner Carollo: You did hear me, Commissioner Reyes, right? I seconded it. Commissioner Reyes: Yes, 1 did. I did hear you. Thank you very much, sir. You are the gentleman and the scholar. Commissioner Carollo: I don't know about a scholar. Commissioner Reyes: Okay, call the question because I am hungry. Vice Chair Russell: Is there any fitrther discussion? Alright. Mr. Hannon: Chair. Just a friendly reminder, the title needs to be read into the record. Vice Chair Russell: Go ahead, Madam City Attorney. Commissioner Reyes: Madam City Attorney? Victoria Mendez (City Attorney) Which one? Commissioner Reyes: PZ.5. Vice Chair Russell: PZ.5 please. Commissioner Reyes: (FOREIGN LANGUAGE) are you sleepy? Ms. Mendez.: I am not sleepy, but you went into the PZs. Commissioner Reyes: Yeah. Ms. Mendez: Okay. Commissioner Carollo: Commissioner Reyes, can we ask the Administration to give us a report on how this has worked out? Commissioner Reyes: Absolutely. Commissioner Carollo: And how much time do you want to put to it before we get a report? Commissioner Reyes: Six, six months. Commissioner Carollo: Okay, six months. Commissioner Reyes: Six months probably this is working out. If it's working or if it's not working. City of Miami Page 150 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Carollo: Okay. Commissioner Reyes: Okay. Go ahead. Ms. Mendez: PZ.5. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: Yes. Vice Chair Russell: Thank you very much. There is a motion, there is a second. Any fiirther discussion? Commissioner Carollo: Just, Mr. Manager? Commissioner Diaz de la Portilla: I have a question. Commissioner Carollo: You've heard that we would like for you to come back in six months -- Commissioner Reyes: Six months. Commissioner Carollo: -- from the date that this is implemented to get a report. Commissioner Reyes: For how it's working. Commissioner Carollo: How it's working out. Cause the only thing I don't want to see is that we're putting financial burden on any business if it's not working out. Commissioner Reyes: Yeah. Vice Chair Russell: Commissioner Diaz de la Portilla, you're recognized. Commissioner Diaz de la Portilla: What happens in six months Commissioner Carollo, Commissioner Reyes? Commissioner Reyes: If we see that it's not working, because we're still getting all the I mean, all the trash and all of that, then we will have to take action or then we will have to modify it. You see, I was waiting for the industry to modify it because as I recall, Commissioner Joe Carollo got asked for this to be deferred because there was, I mean, some questions from the industry and I was open to it and I said, well, I'm open to any suggestions or any discussions. Nobody came in, nobody talked to me, I didn't talk to anybody. And so let's see what happens six months from now. Vice Chair Russell: Understood. Commissioner, I apologize, I'm in favor of this item. I recognize what you're trying to accomplish with the dumping in your district. My worry, is that there is no real legal way to identify that that pile of garbage belonged to that -- a tenant of that -- of that public storage facility. And I'm afraid they're going to start getting hit with citations for all the illegal dumping that's going on around them. Commissioner Reyes: Most of them, most of them, they have cameras, you see, most of them that they have cameras, they can very well prove that which one is them, this and that. As a matter of fact, I think that after, and I've seen it, after this started going around and that there was going to be an ordinance, I mean, citing this -- their business with illegal dumping, I have seen a great improvement. And I mean it. You see, because in my district, we have so many -- so many types of this type of business City of Miami Page 151 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 that it is, I mean, we have seven. And that we have -- and all over the district, all over the district. So, I have seen quite an improvement. And if it is not needed, and people start, 1 mean, they are -- start enforcing the dumping, 1 mean, no dumping ordinance on their tenants or providing them with a place where they can throw the trash. I mean, there'll be no need for this. Vice Chair Russell: Understood. Commissioner Diaz de la Portilla: Chair. Vice Chair Russell: Mr. Diaz de la Portilla you are recognized. Commissioner Diaz de la Portilla: 1 remain concerned, Commissioner Reyes, about the off -site liability, that people that are dumping outside a site are -- and they get blamed, they're liable for what happens outside. That's a major concern for me. 1 just don't know how to address it, to be honest with you. I really don't, I mean. Commissioner Reyes: Well, that could be very well solved, I mean -- and I was ready to talk to the industry, and I said, okay, if we expect that you are providing a dumpster, you see, if you are providing a dumpster where people can go and dump the bulk trash, and you have it outside, I see, we do an inspection, there's only six, seven of them in my district, we do an inspection. I mean, if somebody comes and dump next to you, 1 mean, we cannot cite you for it, but what (INAUDIBLE) is for you to provide the dumpster for people that want to clean their space, that they will not dump it in the streets, my streets, you see? Commissioner Diaz de la Portilla: So, Mr. Chair, if I may, the idea that they have to provide a dumpster, I buy into that, I got that. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: I'm with you there. The idea that it's dumped within -- how many feet is it? Commissioner Reyes: Yeah, I mean, that was more to scare them than anything else. Commissioner Diaz de la Portilla: Right. Commissioner Reyes: You know, it was close to it. But I'll go for it and I do understand your concern. I do understand your concern. And let's do it this way. Let's amend this that they must provide a dumpster and that we will -- they will decide if our inspectors don't find a dumpster in there, in the premises. Commissioner Diaz de la Portilla: Okay, I buy that. But I'll even buy your -- I can into your off -site regulation if for six months, I can buy into that too, by the way. Commissioner Reyes: Well let's do it for six months. If it happens, it doesn't happen. Commissioner Diaz de la Portilla: I'm good with that. Commissioner Reyes: What we do, we take, we do a plan with the outside. Commissioner Diaz de la Portilla: If six months is not working or people are being unfairly cited, we come back and say, you know what, let's get rid of that offsite requirement and do the other part. Okay, I'm good. Commissioner Reyes: Okay. Okay. City of Miami Page 152 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: So does that require an amendment? Commissioner Diaz de la Portilla: No, as is. Commissioner Carollo: As is. Commissioner Reyes: As is. Victoria Mendez (City Attorney): Don't you want it to come back? Don't you want it to sunset or come back? (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Diaz de la Portilla: The amendment is that it comes back in six months Jroreview -- Commissioner Reyes: The amendment is six months we will revisit. Vice Chair Russell: It's not a sunset though, Madam City Attorney. It's just a revisit. So we (INAUDIBLE) a discussion item it six months with an evaluation. Commissioner Reyes: Okay. And then we take into consideration if some people have been cited and any complaints and all of that. Okay? Ms. Mendez: Thank you. Vice Chair Russell: Got it. Mr. Hannon: Chair, my apologies, that's the only amendment? Commissioner Reyes: That's the only amendment. Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: Thank you. Did we read this one into the record? We did. Alright. Ready for the discussion. Mr. Garcia: If I may, please. Vice Chair Russell: Yes. Mr. Garcia: It's the second amendment to the ordinance. It's the ordinance as written plus a directive to the Administration. Is that right? Commissioner Carollo: That is correct. That is correct. Commissioner Reyes: A directive to the Administration, you're absolutely right. Ms. Mendez: It could be amended to say that there's a whereas that it comes back in six months, but whatever you want, we will do. Commissioner Reyes: Whatever it is, I mean, easier for you, that makes it clear that we want it six months from now. And if we are going to revisit this and see if further action should be taken or we can do away with the onsite. City of Miami Page 153 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Carollo: You know what, do make it the whereas in the ordinance itself this way it is 100 percent in the record. Commissioner Reyes: In the record. Commissioner Carollo: And it'll be less likely that they will forget and I hope Francisco assigns someone in his office to really stay on top of this so that he can provide us good numbers when we meet six months from now. Commissioner Reyes: Absolutely. Vice Chair Russell: Got it. There's a move, there's a motion, a second, there is an amendment. Mover and seconder agrees. I think we're clear. Any further discussion? Commissioner Reyes: No sir. Vice Chair Russell: All in favor say, "aye." Commissioner Carollo: Aye. Commissioner Reyes: Aye. Commissioner Diaz de la Portilla: Aye. Vice Chair Russell: All opposed? Just myself I'm a no. Motion passed, thank you. PZ. 6. Commissioner Carollo: Did you vote for it? Vice Chair Russell: I didn't. I'm trying to respect the illegal dumping, but I cannot blame a local business for someone else's dumping offsite. I just really -- that one is really, I don't see how we can control it, I don't see how we can monitor it, and I think the business is going to get hit for all the illegal dumping. Commissioner Reyes: That's why we have six months trial. Commissioner Carollo: But how about saving the planet? Vice Chair Russell: You guys are the eco-warriors tonight. I'm with business. Commissioner Carollo: You know, you were all gun-ho in the morning -- Commissioner Diaz de la Portilla: That's like the parallel universe. It's like the evils Spock -- Commissioner Carollo: -- on the water pollution. Commissioner Diaz de la Portilla: -- (UNINTELLIGIBLE). Vice Chair Russell: I'm trying to get out of here because after 7: 00 pm, it all flips. Commissioner Carollo: I don't know. Commissioner Diaz de la Portilla: You know, but Commissioner Russell -- Commissioner Carollo: He's starting -- he started to turn republican -- Commissioner Diaz de la Portilla: -- a 3-1 vote. City of Miami Page 154 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Carollo: You know what? We might have to check out his registration. The two of us or (UNINTELLIGIBLE) -- Commissioner Diaz de la Portilla: Commissioner, a 3-1 vote? Commissioner Carollo: -- do something to you, that got you all worked up. I don't know. Vice Chair Russell: It's 3-1, so it still passed, it still passed easily. It still passed easily, we'll move on. Commissioner Diaz de la Portilla: Well, but if it's 3-1, then maybe there's a lot to be said for a four -member commission. Commissioner Reyes: Yes. Vice Chair Russell: You could do this all day long. You could do this all day long. Commissioner Carollo: He might have left us already. He might have come back. I don't know. Commissioner Diaz de la Portilla: He's gone. He already left. He's nowhere to be found. Vice Chair Russell: Alright. Alright. We're going to move on. By the way, before I pass the gavel, Commissioner Diaz de la Portilla , this is a baby gavel. This is -- Commissioner Diaz de la Portilla: That's a gavel. Commissioner Reyes: That's a gavel. Vice Chair Russell: It's not a Tallahassee speaker's gavel, but this will knock someone Commissioner Diaz de la Portilla: Yeah. Absolutely. I see it. I see it. Vice Chair Russell: Mr. Chairman, I gladly hand it back over to you. Thank you. Chair Hardemon: No, you were doing very, very good. Vice Chair Russell: You're off eating pizza. We're all here suffering. I need you here. Commissioner Diaz de la Portilla: But Chair, we want to see you. Commissioner Carollo: You seem to be getting aggressive, you know. Vice Chair Russell: I want to see your video. I want to see what you're wearing right now. Commissioner Diaz de la Portilla: Yeah, we want to see you, Chair. Chair Hardemon: Why do you want to see my pajamas? Commissioner Diaz de la Portilla: We want to see you. (MULTIPLE PARTIES SPEAKING IN UNISON) City of Miami Page 155 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Chair Hardemon: Why do you want to see my shorts? Commissioner Reyes: Look at him. Commissioner Diaz de la Portilla: Always dressed (UNINTELLIGIBLE), but not with a little bit of -- Commissioner Reyes: -- he's licking his fingers, man. He was having some ribs. He's going, licking the fingers. He was having some ribs. You didn't share, you should have shared those ribs. Chair Hardemon: James' ribs. Commissioner Reyes: Yes, alright. Commissioner Carollo: Hardemon, you better get the -- Hardemon, you better get the gavel back. Commissioner Diaz de la Portilla: Hardemon look, this is my dinner. Look. (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Carollo: (UNINTELLIGIBLE) getting aggressive. 1 don't know what's come over him. Chair Hardemon: Okay. Commissioner Carollo: Before you know it, he'll be wearing a MAGA (Make America Great Again) hat. Commissioner Diaz de la Portilla: November 4th. Chair Hardemon: Coldblooded. Make America green again. That's what it is. Captain Planet, right? City of Miami Page 156 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 PZ.6 ORDINANCE Second Reading 7579 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY, BY AMENDING ARTICLE 3, SECTION 3.14, TITLED "PUBLIC BENEFITS PROGRAM", TO DISTINGUISH THE APPROPRIATE ABUTTING CONDITION FOR "T6-8-O", URBAN CORE TRANSECT ZONE - OPEN, AND "CS", CIVIC SPACE TRANSECT ZONE, ZONED PROPERTIES AND TO INCORPORATE ADDITIONAL BONUS AND BY -RIGHT FLOOR LOT RATIO AND FLEXIBILITY IN STORIES FOR PROPERTIES ZONED "T6-8-O", URBAN CORE TRANSECT ZONE - OPEN, IN TRANSIT ORIENTED DEVELOPMENT AREAS ONLY IN EXCHANGE FOR THE PROVISION OF AFFORDABLE/WORKFORCE HOUSING AT OR BELOW ONE HUNDRED PERCENT (100%) AREA MEDIAN INCOME; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13932 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon Chair Hardemon: So, Madam City Attorney, is PZ.6, is that an ordinance? Commissioner Reyes: Yes. Victoria Mendez: Yes, and I think we're done with that one, right? Chair Hardemon: I thought you did this because -- the public storage facilities. Commissioner Reyes: That, we did that, that passed. Chair Hardemon: Right, we did that, but did we go out of order or something? Todd B. Hannon (City Clerk): Next item up the bat is PZ.6. Ms. Mendez: Sony, sorry, PZ.6. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: I move it. Vice Chair Russell: Hardemon leave again? There he is. Chair Hardemon: It's been properly moved, is there a second? Vice Chair Russell: I'll second it. Can't hear you, Chairman. Chair Hardemon: No, I was trying to whisper to James that he can be heard on television. City of Miami Page 157 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Reyes: Yeah, he should do more rihs. Chair Hardemon: I'm trying not to punish him, you know. Commissioner Reyes: I'm going to punish him when I see him because I mean, he's feeding you. Chair Hardemon: Is there any discussion about the item? Vice Chair Russell: Just briefly, Mr. Garcia, was there any amendment needed to address the concerns of the residents who came forward with regard to abutting civic space and specifically the Bayside development? Francisco Garcia (Director, Planning): Thank you for the question. We, 1 think, made it clear to the concerned residents that their concerns had been addressed already in the ordinance as it was already formatted. We did forward a whereas clause that makes it abundantly clear for inclusion in the present ordinance. So maybe that is an amendment that would be appropriate. Vice Chair Russell: So an amendment would be appropriate? Mr. Garcia: An amendment by virtue of including a whereas clause to make the ordinance abundantly clear. And the clarity here is that if the property abuts or shares a property line with a CS (Civic Space) zone property, then they are not eligible for the bonus. Commissioner Reyes: Okay. Vice Chair Russell: Got it, and that would not affect the original purpose and intent of this legislation and why it was brought. Alright, I'd like to proffer that amendment if there's support for that, please. Commissioner Reyes: I accept it. Vice Chair Russell: Thank you. Ms. Mendez: Can I clam, because I don't -- if it's the one -- did you mention the T3 zone as well, Francisco? But could I read it just to be clear? Okay. The whereas, as I understand it is, whereas the proposed text amendment limits property zone T6-80 from seeking public benefit bonuses when they share a property line with civic space zoned property. Mr. Garcia: Correct. Ms. Mendez: Was it supposed to also say T3 or just? Mr. Garcia: There is already in the ordinance. Commissioner Reyes: Yeah, that's right. Mr. Garcia: Language that says that any property that is within 500 feet of a T3 zoned property is not eligible. And that was not clarity that we felt we needed to put forth since it's already abundantly clear in the ordinance. The whereas clause -- the concern was about the CS property line sharing, and that's what the whereas clause clarifies. Ms. Mendez: Okay, and then the actual text change you mentioned, or? City of Miami Page 158 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Mr. Garcia: There is no text change. Ms. Mendez: Just the whereas. Mr. Garcia: Correct. Chair Hardemon: Any further questions? Commissioner Reyes: No questions. Chair Hardemon: Hearing none, all in favor say, "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against. Commissioner Diaz de la Portilla: I'm an ave. Chair Hardemon: Motion carries. PZ.7 ORDINANCE Second Reading 7842 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, BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS", ARTICLE 7, SECTION 7.1.7.3, TITLED "APPROVAL", SECTION 7.1.7.4, TITLED "RELEASE", AND SECTION 7.1.1.6, TITLED "COVENANT IN LIEU OF UNITY OF TITLE", TO REQUIRE APPROVAL BY ADDITIONAL ENUMERATED OFFICIALS FOR ANY RELEASE OF A UNITY OF TITLE, COVENANT IN LIEU OF UNITY OF TITLE, AND OTHER RESTRICTIVE COVENANTS IN ADDITION TO APPROVAL BY THE ZONING ADMINISTRATOR; IMPOSING ADDITIONAL SUBMISSION REQUIREMENTS FOR UNITIES OF TITLE AND COVENANTS IN LIEU OF UNITY OF TITLE RELATING TO SURVEYS AND LEGAL DESCRIPTION SKETCHES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: PZ.7. Commissioner Reyes: I mean, it is -- you shouldn't be talking with your mouth full. Commissioner Diaz de la Portilla: Chairman, what are you eating? Be honest. Commissioner Reyes: I mean, it's driving me nuts. It's driving me nuts. Commissioner Diaz de la Portilla: Be open, be open we won't hold it against you. What are you eating? Chair Hardemon: There's a great Bahamian restaurant in the district off of 55th Street and Northwest 7th Avenue. City of Miami Page 159 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: Conch? Commissioner Reyes: Best conch, conch fritters? Chair Hardemon: Conch, shrimp, french fries, it's called Chantels Lounge. Commissioner Diaz de la Portilla: Chanteys. Chair Hardemon: It's renovated, there's a beautiful space on the inside. They have a bar. It's a neighborhood spot. Commissioner Diaz de la Portilla: Really, Chanteys. Commissioner Reyes: Chanteys. Commissioner Diaz de la Portilla: Are you going to buy me dinner anytime soon? Commissioner Reyes: That's right. When are you buying? Vice Chair Russell: (UNINTELLIGIBLE) share with the class. Chair Hardemon: Listen, any time you want me to romance you, I will. Commissioner Reyes: I don't know what's going on, you know the Mayor -- Commissioner Diaz de la Portilla: I just want him to buy me dinner. Commissioner Reyes: Alex, what's going on, man, the Mayor and yourself. Commissioner Diaz de la Portilla: Because my dinner is this. Chair Hardemon: That's not fair. Yeah, that's not fair. They shouldn't treat you like that, you know? Commissioner Diaz de la Portilla: You know, I just have horrible staff they bring me Lays potato chips and you get conch. Commissioner Reyes: Okay. PZ.7. Chair Hardemon: PZ.7. Vice Chair Russell: I'd like to move PZ.7 and it should have had me as a sponsor on here. Commissioner Reyes: Yes, I second. Chair Hardemon: Properly moved and seconded. Go ahead. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Mr. Chair? Chair Hardemon: Yes. Vice Chair Russell: So, you all know why we have this ordinance. Commissioner Reyes: Yes. City of Miami Page 160 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Vice Chair Russell: It is simply as a response reaction to the Day Avenue debacle. 1 hate that we have to write an ordinance simply to get the Administration to do what's already in the Code. But the way we're going to try to do this in this one is by creating a mini coalition to release or amend any covenant in lieu of unity of title. There is now a release review committee and it's not just the zoning administrator, it's also the Planning Department, the Building Department, the Public Works Department, and anyone else the Manager deems necessary before those things can be released, so they're not released in error, causing a problem like this one has. So, I thank you for your support. Commissioner Reyes: Yes, and I -- Commissioner Carollo: Commissioner That was no error. Commissioner Reyes: That's right, that was no error. Commissioner Carollo: Don't kid yourself. Don't kid yourself. Commissioner Reyes: And my question to Francisco was -- is that this will avoid what happened in your district will happen again. And as a matter of fact, I want to be a co-sponsor of this. Vice Chair Russell: Thank you. Francisco Garcia (Director, Planning): (UNINTELLIGIBLE) response Commissioner Reyes is we believe it certainly does. It brings (UNINTELLIGIBLE) process all the expertise in all these departments and we'll certainly keep an eye out for any potential defects. Commissioner Reyes: Yes. Okay. Vice Chair Russell: And we shouldn't have settled. Commissioner Reyes: No, I agree. Turn it down. Turn it down. Vice Chair Russell: Call the question. Chair Hardemon: Unless he has $10 million in his pocket that he can give us, then -- Commissioner Reyes: That's peanuts for him. Don't you know? Chair Hardemon: Do me a solid, then -- Commissioner Reyes: That's pocket change for him. Chair Hardemon: I don 't think -- Vice Chair Russell: I can sell you a yo-yo. Commissioner Reyes: A yo-yo. You know how much money those yo-yos give you? Chair Hardemon: (UNINTELLIGIBLE). Commissioner Reyes: That's right. Commissioner Carollo: Hey, Russell, why don't you get up and show us how you really do it? Some people are saying you don't have the. fast draw anymore. City of Miami Page 161 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Reyes: Yes, that's what I heard. Vice Chair Russell: Coffee first. Chair Hardemon: Seeing no further discussion all in favor on the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion carries. Vice Chair Russell: Thank you. Commissioner Reyes: Okay. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 162 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 FL - FUTURE LEGISLATION FL.1 ORDINANCE 7969 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING FEES," MORE PARTICULARLY BY AMENDING SECTION 62-12 ENTITLED "FEE FOR INSPECTIONS AND EXAMINATIONS OF PLANS FOR COMPLIANCE WITH THE PROVISIONS OF THE CITY ZONING ORDINANCE AND MISCELLANEOUS ZONING FEES" AND SECTION 62-22 ENTITLED "SCHEDULE OF FEES", TO PROVIDE A COMPREHENSIVE UPDATE TO THE PLANNING AND ZONING FEES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 163 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 NA.1 8024 Commissioners and Mayor NA - NON -AGENDA ITEM(S) ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDINGS/IN GENERAL," TO ESTABLISH SECTION 10.9 OF THE CITY CODE, TITLED "FAILURE TO ACQUIRE REQUIRED PERMIT(S); SECURING OF CONSTRUCTIONS SITES WHEN UNDER EMERGENCY WEATHER WARNING(S) OR WATCH(ES); ENVIRONMENTAL VIOLATIONS; STOP WORK ORDER; PENALTIES," PROVIDING FOR THE FAILURE TO OBTAIN REQUIRED PERMITS; PROVIDING THAT COMPLIANCE WITH THE CITY CODE, IN GENERAL, IS A REQUIREMENT OF ANY CITY OF MIAMI ("CITY") ISSUED BUILDING PERMIT; PROVIDING FOR THE REQUIREMENT OF ALL CONSTRUCTION SITES TO COMPLY WITH PRE -NATURAL DISASTER SITE SECURE MANDATES, STORMWATER POLLUTION DISCHARGE ELIMINATION, AND EROSION CONTROL; PROVIDING FOR ENFORCEMENT PURSUANT TO CHAPTER 2/ARTICLE X AND OTHER EXISTING SECTIONS OF THE CITY CODE; 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: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon Note for the Record: For additional minutes referencing Item Number NA.1, please see "Public Comments for all Item(s)." Chair Hardemon: Okay. What we can do really quickly is to read the heading of the pocket item that the Vice Chairman has. Let's read it into the record. Vice Chair Russell: Thank you, Mr. Chairman. This is an ordinance of the Miami City Commission amending Chapter 10/Article 1 of the Code of the City of Miami, Florida, as amended, "City Code," entitled "Buildings/In General," to establish Section 10.9 of the City Code, titled "Failure to Acquire Required Permit(s); Securing of Construction Sites When Under Emergency Weather Warning(s) or Watch(es); Environmental Violations; Stop Work Order; Penalties, " providing for the failure to obtain required permits; providing that compliance with the City Code, in general, is a requirement of any City of Miami issued building permit; providing for the requirement of all construction sites to comply with pre -natural disaster site secure mandates, stormwater pollution discharge elimination, and erosion control; providing fir enforcement pursuant to Chapter 2/Article 10 -- (X) and other existing sections of the City Code; further restricting the ability to seek permits or perform work within the City when violations exist or violations are repeated; providing for a severability clause and providing for immediate effective date. Todd B. Hannon (City Clerk): Chair, just for the record, Mayor Suarez would like to co-sponsor Commissioner Russell's pocket item. City of Miami Page 164 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Chair Hardemon: Noted for the record. And we will label that one as PI.1. [Later...] Vice Chair Russell: We will move on. I'd like to knock out the pocket items until the Chair gets back, and then we'll take up the PZ (Planning and Zoning) items after that while he's here. The first pocket item, PI. I -- Commissioner Reyes: It's yours. Vice Chair Russell: -- is mine. It's the one with regard to the stop work order on dumping into the bay. I believe there are some co-sponsors that have requested it; is that correct? Commissioner Reyes: Yes, sir. I requested to -- Commissioner Carollo: I was asked before to co-sponsor it, but also do want to add something back on that was taken out, and we could discuss it. Vice Chair Russell: Absolutely. Let's get it on the floor with a motion and a second, and then we can make any -- Commissioner Reyes: (UNINTELLIGIBLE.) Commissioner Carollo: That's a second. Commissioner Reyes: 1 will -- you will second? I mean -- Vice Chair Russell: Reyes, you're the mover; Carollo, you're the second. Commissioner Reyes: Okay. And I would like to co-sponsor it, and I want to be -- this is the first reading, right? Vice Chair Russell: Yes, it is. Commissioner Reyes: And -- Vice Chair Russell: And I believe we should try to bring it back in the next meeting this month if we can. Commissioner Reyes: That's right. And I -- what I want to do is, if there is any way that we feel that we can tweak it and any other Commissioner have any suggestions so that the -- we have some complaints or something, we will ask -- I mean, discuss that - - I mean, we will take care of that between both readings, you see? Vice Chair Russell: Thank you. And Mr. Clerk, I believe the Mayor was a co-sponsor, as well. Commissioner Reyes: That's right. Todd B. Hannon (City Clerk): Yes, sir. And the title was also already read into the record by you at 9:31 a.m. Vice Chair Russell: Thank you. Yes, the title has been read into the record. There is a motion, there's a second, and I'll open it for discussion. So I'm happy to start, just to introduce some of the background on how this piece of legislation has evolved. We passed a resolution as a body a few weeks ago, directing the Manager to come back with legislative options to increase penalties for those who dump into the bay. I'm City of Miami Page 165 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 thankful that they moved very quickly. Not only did they have this legislation, but now they have an entire process in place through which residents can report visible dumping into the bay. That report goes by email to an address called discharge@miamigov.com. A member of the Building Department as well as the Public Works Department have to go out and inspect within one hour, the two departments, because Building will deal with the site, itself. Public Works will deal with the actual right-of-way and the outfall. They'll work together to create a report that'll go directly to the Building official, who can issue a stop work order in the moment in real time. We're also activating our Police Force with their Environmental Crimes Unit, who can not only enforce that stop work order through the threat of arrest; they can also work during the hours that are normal; Public Works and Building officials do not. So 1 think this is really comprehensive legislation and action by the Administration. I'm very thankful to Art and Zerry for putting this together so quickly. The legislation evolved, and some of it was redundant to what is already available, to my understanding, to some of the -- to the Administration as it stands. There was an entire section on Chapter 2, but the legislation was meant to deal with Chapter 10. And so, I asked our Zoning Director Joe Ruiz whether that Chapter 2 part was necessary. It is my understanding from him that he already currently has the ability to take on that action that was recommended or suggested by the Administration for the Chapter 2 piece in this, so I ask for that piece to be removed, because it's -- I'm trying to amend Chapter 10, not Chapter 2, and he says he already has the power, and that was the power to revoke Certificates of Use. So unless Mr. Ruiz is on hand and would like to talk to anyone about that --1 don't know if that's the section you're talking about, Commissioner Carollo, but that was a major piece that was removed, and 1 just wanted it explained. Commissioner Carollo: Yeah. That's the one that I want to go in there, and maybe we could get through the Manager, Mr. Ruiz, as you asked for him to come up. But since Mr. Ruiz, you're telling me, has that power already and so on, then it wouldn't hurt to have it in another place again. For instance, the -- you know, if we're going to put some real teeth in this, then we need to leave some of that language that we had before; the part that says, "Will issue stop work order" versus "may' issue." We in the City of Miami have been having tremendous problems from one district to the other, and people are doing whatever they please. And I'm talking about on the commercial side, on major properties. And the bigger they are, the more they think they could get away, with it. And the ones that are being hurt are our residents. So I say to you, either we are going truly be representing the residents or we're going to be representing the big developers and those that have the power and the money. So I don't see why we need to take out the "will issue stop order" instead of changing it to "may issue stop work order." Vice Chair Russell: Understood, Commissioner. I'll take that as a friendly amendment to Section 10-9 -- Commissioner Carollo: Right. Vice Chair Russell: -- 81, where it says, "A stop work order may be issued." You would like to change that to, "A stop work order will be issued"; is that correct? Commissioner Carollo: Yeah, yeah. Well, exactly. Vice Chair Russell: And move on from there. Commissioner Carollo: "Will be issued." Vice Chair Russell: Commissioner -- City of Miami Page 166 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Carollo: Secondly, the language pertaining to revocation of CU (Certificate of Use) and the 40-year certification has been removed. 1'd like to have that back on, but at least I'm willing to negotiate on the 40-year certification and find out from the City Attorney what it entitles and how difficult it would be to get it back on. But the CU is something that should be here. Now, Madam City Attorney, on the 40-year certification, if we catch people that are in violation and we revoke it, how difficult a process would it be for that to be able to come back and re -get it to be issued? Victoria Mendez (City Attorney): Well, we have a -- right. We have a CU and BTR (Business Tax Receipt) revocation process already in our City Code, so it's a -- you have to give due process, you have to give a hearing and all that, but we already have it in our City Code at this tine. Commissioner Carollo: How about for the 40-year certification? Ms. Mendez: I think so, but give me a second to double check. Vice Chair Russell: (UNINTELLIGIBLE.) Ms. Mendez: I'm sorry? Vice Chair Russell: I've been briefed with Mr. Ruiz, specifically on this issue, so if the Manager has him available, that would be helpful, as well. Commissioner Carollo: He's there. Art Noriega (City Manager): He's here. Vice Chair Russell: All right. Mr. Ruiz, could you address the issues of Chapter 2 versus Chapter 10 and whether or not you have the ability currently, without new legislation, to revoke a CU, based on noncompliance with the 40-year certification? Joe Ruiz (Director): Good evening, Commissioners. Joe Ruiz, Office of Zoning. Vice Chairman, to answer your question, I currently do have the power to revoke a CU for failure to obtain the 40/50-year certification. Vice Chair Russell: Commissioner Carollo, is that satisfactory to you, or do you need separate legislation? Commissioner Carollo: Well, again, going back to the City Attorney, and what we're looking for is to put something with more of a bite that he has the power to. I don't think that Mr. Ruiz isn't a big developer that he won't back offfrom, so I want to put teeth; that we're going to have to take action, and on this one, I defer to the City Attorney and what she was saying before. I want to make sure that I understand, that we all understand it on the CU and the 40-year certification, Madam City Attorney. Vice Chair Russell: Madam City Attorney, you're recognized. Ms. Mendez: If .vou -- if'Mr. Ruiz is saying that he has the ability to, that is fine. I just didn't -- I didn't remember that he did. Is that your question; if he truly has it, Commissioner Carollo? Commissioner Carollo: Well, if he has the power, why hasn't he done it ever before? Ms. Mendez: So I will let him answer that. Vice Chair Russell: Mr. Ruiz, you're recognized. City of Miami Page 167 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Mr. Ruiz: Commissioner, that's just one of the many tools available to the City. Our goal is to always drive compliance. If a referral is made to me, I'm happy -- Commissioner Carollo: Mr. Ruiz, I apologize for interrupting you, but I'm tired hearing this bunch of crap; that our goal is always to get people to comply. That's okay to say that for the regular City residents, but when you have the big boys that don't live in the City that are coming here for projects, and part of their business plan is to not get permits, do whatever they please, and then all they get is a little slap in the hand, if that, I'm not buying this stuff anymore, nor should any of us that our goal is to get them to comply. So that's where I'm having the problem with, because, Jro instance, you're telling me that, but can you tell me, what are the qualifications that were there just before you got your position? Do you remember what they were? Vice Chair Russell: Could you clarify your question, Commissioner? What was --? Commissioner Carollo: My direct question is, do you remember, for the job that you have as Zoning Director; just before you were given the position, do you remember what qualifications were required for that job? Mr. Ruiz: No, sir, I don't. Commissioner Carollo: Well, I believe that you should go back and read it to refresh your memory, because if they would not have been done away with just before you came onboard, you never; never could have been appointed, because you didn't qualify for them. Right now, the way that they are, anybody could basically qualms for the job that you have, because you didn't have the experience that was required of previous Zoning Directors. And Tin not saying that -- you know -- the past Zoning Directors were all gems, but this is the problem that I'm having; that you're being given the power of God, and you didn't even qualify for the position, and the former City Manager had to do away with all these qualifications so you could qualms. And then I asked a simple question, and the answer that I get is that, "Oh, our intentions are to get people to qualify." So people can lie to us, cheat us out of hundreds of thousands of dollars that they've done work for, and they haven't paid us a penny for permit fees, and worse, and all that you're going to do is you're going to make sure that now they're caught, and there's no other way that we could fix it for them if they comply and do what they're supposed to. Now, there has to be more of a punishment so that individuals that do this understand that if they go ahead and do something like this and they get caught, there's going to be some real teeth to it and all that they have to worry about is now going to a Zoning Director that is going to take care of them. So this is why I want, Commissioner, some teeth into this; so that what happened in Coconut Grove -- and by the way, I'm seriously thinking of being in the side that prevails. I have the right to bring this back. Those two houses that are right on top of each other, Commissioner Russell, I'm seriously considering doing that. So Madam City Attorney, before the next meeting, I strongly suggest that you don't finalize anything, because -- Ms. Mendez: It's already done, Commissioner. It's -- everything's signed off already. Commissioner Carollo: Well, that's not what you told me yesterday. Ms. Mendez: It's already done. I could send you the settlement agreement. I mean, you have -- Commissioner Carollo: When was it signed off? Ms. Mendez: I will let you know; not today. It was signed off a couple weeks ago, I believe. I'll give you the date. Give me one second. City of Miami Page 168 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Carollo: Give me that. Vice Chair Russell: A little late, but I do appreciate the change of heart, and I'd love a briefing on that, too, Madam City Attorney. Commissioner Carollo: Well, what I'm trying to do is to stop this from happening time and time again. Vice Chair Russell: Yeah. Commissioner Reyes: Can 1--? Commissioner Carollo: And this is why we need to put some teeth in the ordinance that we have so they know that no matter who is holding what position into the future, they can't get around what the law says is going to happen if they get caught. Vice Chair Russell: Absolutely. Commissioner, I agree with you; 40 years certification is a serious thing, and a CU is a serious repercussion, and it's been at the discretion of the Zoning Director. Can I recommend that you make a direction to the Manager to enforce this with that repercussion? And then that will be all that's needed at this moment to actually amend the -- Commissioner Carollo: Mr. Manager -- Mr. Noriega: Mr. Chair, can I jump in on this? So, look, 1 -- we proposed that language, and 1-- quite frankly, I think as much as the Zoning Administrator is trying to do the right thing, I think that the language referenced in that section is vague, and I think it has a little too much wiggle room to it, so I would prefer as an option to have the teeth that Commissioner Carollo really is wanting to put back in there, and I would like that original language in there just to provide some certainty for us, and a very clear set of language in terms of how we enforce that. I think it puts a little too much in the hands of judgment. This isn't an indictment of Joe Ruiz. This is an issue of just actual real proper practice and process, and I think putting it at the discretion of the Zoning Administrator -- right? -- gives us way too much opportunity for -- Vice Chair Russell: That's why I recommended a direction to you right now that you mandate that your Zoning Director carry out the revocation of CUs for 40-year certification issues. Mr. Noriega: I got it, but I may not be the City Manager forever, and the Zoning Administrator may not be the same Zoning Administrator, and your -- I think -- you know, if you want to really, really enforce this and you want to do it the right way, you need -- Vice Chair Russell: Sorry. Just a moment, Mr. Manager. Enforce what? Because what you are proposing has nothing to do with the environmental dumping that I am trying to address with this legislation. Mr. Noriega: Well -- Vice Chair Russell: There are so many problems with the Code that we can fix, but -- and right now, what I have right now is the support of the entire building industry of South Florida to support this legislation, because they, too, want to have bad actors eliminated from the system, have stop work orders issued for dumping into the bay. Now, if we go off scope, if we tackling other issues, which are very important -- and I do not want to try to stop you fromdoing that -- I would recommend parallel legislation right now, in pocket, that is brought by Commissioner Carollo to do City of Miami Page 169 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 exactly that; a Chapter 2 amendment, giving the Zoning Director exact -- not discretion -- but mandate to do exactly what you're talking about. We can move it, second it, put it on first reading, the sane as I'm doing with this environmental legislation. My worry is that we're conflating separate issues. Mr. Noriega: Okay. I thought we were, just kind of addressing two issues at one time. I mean, it's the same end result, so if that's kind of where you want to go, I don't have an issue with that. I -- Vice Chair Russell: If that's for certification of CU, I'm looking for stop work orders on environmental dumping. Commissioner Carollo: Now, Madam City Attorney, can it be done -- which I don't think so, but maybe I'm wrong -- in the way Commissioner Russell suggested now in this meeting? Ms. Mendez: So it would be first -- a first reading pocket, but unfortunately, I don't totally grasp what the -- what you want on the second pocket, so if we can address other matters, maybe get the information and then bring it back after we address those. We still have a few more items. Vice Chair Russell: Mr. Ruiz has an exact draft that he can share with you offline, Madam City Attorney, of the Chapter 2 amendment. Ms. Mendez: Who? I'm sorry? Vice Chair Russell: Mr. Ruiz has an exact draft of the Chapter 2 amendment that Commissioner Carollo is referencing, which could be placed as a separate pocket item right now that we could pass on first reading. Ms. Mendez: Okay. Vice Chair Russell: All of these are very urgent and timely, and I think it fully warrants a pocket item to be brought, the same as mine is being brought. Ms. Mendez: Right. Vice Chair Russell: But that would just separate the issue, but it would still be clean. I would be a little cleaner legislation, I think, and both will be very effective. Ms. Mendez: That's fine if Mr. Ruiz can share that legislation with Mr. Min and myself so that we can review it and then we can hear a couple more items, and then we can address it -- and we can address it. Mr. Noriega: You should have the legislation already, but if that's -- Ms. Mendez: Well, I'm in the middle -- right. I'm in the middle of a Commission meeting, so if you -- Mr. Noriega: It's going to go -- Ms. Mendez: -- somebody could put it at the top. Mr. Noriega: We're going to go get it over to you so you can re -look at it. Ms. Mendez: All right. Mr. Noriega: But it was already reviewed. City of Miami Page 170 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Vice Chair Russell: Just needs to be separated and placed into its own. Mr. Noriega: Yeah. Commissioner Carollo: Vice Chairman -- Vice Chair Russell: Yes. Commissioner Carollo: -- or former Vice Chairman -- but Vice Chairman Russell, I don't see if you're trying to accomplish something positive what's the big deal of separating them, which 1 don't know if we could even do it now. You know, at the end of the day, we're not here to cater to any industry. We're here to protect our residents. And what this addition is doing, just like everything else that you've agreed to so far, is protecting our residents so that, again, what happened in Coconut Grove won't happen again. I mean, I frankly was surprised that the City Attorney expressed that that was done. I -- maybe I misunderstood what she told me -- but I will say this to you: One of the things that I'm considering right now is impaneling the Commission as a special investigative body, and bring in and hire our own investigators or whatever we have to do to get to the bottom of what happened there in the Grove, those two houses, because I'm telling you, what happened there, in the bottom line -- yes, there might have been incompetency, but I also believe there was corruption that happened there, and it didn't happen just in that one location. It's been happening throughout our City in different parts. This is before you came to this Commission. There was quite a few arrests that were made in Building. They were called "the firm." Throughout the years there have been other arrests that have happened, because people have had their hands on. And I could understand incompetency up to a point, but when you're seeing the things that you showed us that happened there in your district in the Grove and I'm seeing other things that have happened in my district and throughout the City, and some of the things that I'm hearing from people, this is beyond incompetence. This is corruption. And we have an obligation to get to the bottom of it, because I'm tired of seeing that all this kind of stuff happens and no one is accountable. No one is accountable. No one gets fired. No one even gets demoted. Now, you tell me, what private corporation would allow the kind of stuff that we're allowing? You know well that people are going to be fired. There are going to be referrals to investigative agencies if there has to be, but not here. Not here. And then who gets the blame? A sign that went up -- first of all, private citizens shouldn't have to resort to that, because of what someone in their government have done to them. But beyond that, who are they blaming? Us, the elected officials. And I know that none of us had anything to do with any of that. So I'm tired of letting bureaucrats that are either incompetent or corrupt, or both keep getting away with stuff like this. And they just laugh, because they figure, hey, they'll survive until we're term -limited out, and the next guy comes along -- or gal comes along -- and they keep playing the same game. So what I am asking all of you is to help put a stop to it, because if not, I'm going to tell you, I am going to be asking for -- Ms. Mendez: I just -- Commissioner Carollo: -- under the Charter for us to implement the Commission to become an investigative body and we bring in people that we hire to do that, and get to the bottom line of what went on there and in other places. Vice Chair Russell: Thank you, Commissioner. PZ.8 that I'm bringing later does address a fix to the Code with regard to what happened on Day Avenue and the settlement we ended up making to try and keep that from happening again. It puts more eyes on the case. It puts more check points before a revocation of a unity of title is allowed. Your issue also is a very good catch. My only ask is that we separate them. I know it can be done legally. It's just a courtesy ask that we bring them parallel. City of Miami Page 171 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Ms. Mendez: So -- Vice Chair Russell: And the reason -- Ms. Mendez: That's fine. It's fine. I have the ordinance now. I see what you're saying. I just didn't know what the substance of it was. So we can -- Commissioner Carollo, if you want me to read you the title, you can have this -- these extra Chapter 2 changes for first reading today and second reading for October 22. Commissioner Carollo: All right. Then I'll accept it. And -- Ms. Mendez: May I read the title? Because 1 have to read the title. Commissioner Carollo: Yes, yes. Vice Chair Russell: We'll need a motion and a second on another (UNINTELLIGIBLE) now. Commissioner Carollo: Well, before you do -- Vice Chair Russell: Yes. Commissioner Carollo: -- Commissioner, the part on the well -issued stop work order, that was saying -- Vice Chair Russell: Let me ask. Does the mover accept that amendment, Commissioner Reyes? Yes. And the second I assume -- Commissioner Carollo: Right. Vice Chair Russell: -- agrees, as well. Commissioner Carollo: Okay. Vice Chair Russell: Is there any further discussion on the item, and has any further public comment come in on this item since it was introduced this morning? Mr. Clerk. Todd B. Hannon (City Clerk): My apologies, sir. Say again? Vice Chair Russell: Has there been any public comment offered on this item since it was introduced this morning? Mr. Hannon: We would need to ask IT (Innovation Technology). IT, has there been any additional public comment? Manuel Otero (Innovation and Technology Web Administrator): There's 39 public comments. I would have to send you the list, and it's hard to tell which ones came in, at what time, to be honest. Vice Chair Russell: But they've all come in since our meeting started? Mr. Otero: There have been possibly two that came in. I will send you the report now so you can all take a look. Vice Chair Russell: I'm sorry. You're saying there's two that's come in since the meeting started, or 39 that's come in since -- City of Miami Page 172 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 NA.2 8026 City Commission Mr. Otero: There are 39 total responses from the web forum, which is still open. I believe there were 36. I sent a report around 10 o'clock. 1 can send you the latest, which is the 39 responses. Vice Chair Russell: If that's written -- if those are the written reports, we have that on record. I'm looking for any recorded video or audio messages to this Commission with regard to this item. Mr. Otero: No; only the 39 written responses. Vice Chair Russell: Thank you very much. Is there any further discussion from the dais? Hearing none, all in favor of the item, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes, as amended. Thank you very much, gentlemen. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, CO -DESIGNATING NORTHWEST 16 TERRACE BETWEEN NORTHWEST 17 AVENUE AND NORTHWEST 15 STREET ROAD, MIAMI, FLORIDA AS "WILLIAM `BILLY' W. RILEY WAY" PURSUANT TO SECTION 54- 137 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. ENACTMENT NUMBER: R-20-0322 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes ABSENT: Hardemon Chair Hardemon: Are there any other pocket items that need to be considered? Commissioner Diaz de la Portilla: Chair. Chair Hardemon: Yes, you're recognized. Commissioner Diaz de la Portilla: I have a road designation. that I'm introducing as a pocket item. Chair Hardemon: Okay. Can you read it into the record, please? Commissioner Diaz de la Portilla: It is -- it designates -- it's a resolution of the Miami City Commission -- it requires a 4/5ths vote because the gentleman is still alive. He's still with us. It designates Northwest 16th Street to Northwest 17th Avenue and Northwest 15th Street Road -- which is my district -- as William "Billy" W. Riley Way, to honor one of the great labor leaders. You know Mr. Bill Riley of International Brotherhood of Electrical Workers has been at the head of that labor organization for over 30 years. And he's getting up there in age and I wanted to honor him while he can appreciate it and feel the respect that he rightly deserves. City of Miami Page 173 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Reyes: Mr. Chair, I would like to co-sponsor that. Chair Hardemon: (UNINTELLIGIBLE) say that. Okay. It'll be noted for the record. I identify that one as P12, Bill Riley. Commissioner Reyes: Bill Riley. Yes, sir. [Later...] Vice Chair Russell: So we'll go back now to P12. And Mr. Clerk, if you could help me on the order of these items as they were written down. Todd B. Hannon (City Clerk): Yes, sir. PL2, Commissioner Diaz de la Portilla's pocket item regarding William B. Riley. Vice Chair Russell: Yes; about the naming co -designation. Commissioner Diaz de la Portilla: Right. Vice Chair Russell: Is there a motion on --? Commissioner Reyes: Yes. I am going to co-sponsor it, and I'm also -- I move it. Vice Chair Russell: You'll move it and co-sponsor it. It's been moved and co- sponsored by -- Commissioner Carollo: Excuse me. Commissioner Diaz de la Portilla: Hold on, hold on, hold on. I think Commissioner Carollo wants to co-sponsor it, too. Vice Chair Russell: That's fine. Commissioner Carollo: Yeah, 1'll co-sponsor it, but my only question is, when did Mr. Riley die? Commissioner Diaz de la Portilla: He hasn't died; no, no. Commissioner Carollo: No? Commissioner Diaz de la Portilla: God, no. We want to honor him -- Vice Chair Russell: (INAUDIBLE). Commissioner Diaz de la Portilla: -- while he's still alive so he can -- Commissioner Carollo: Well, look, I'm sorry. Maybe I'm still in the old days. Didn't we have some ordinance that -- Chair Hardemon: Yes, we did. Commissioner Carollo: -- people who were alive, we could put -- name streets after them, or did that get --? Vice Chair Russell: Let me direct this to the City Manager. Commissioner Diaz de la Portilla: You are in the old days. You are in the old days, but, yeah; now we have a 4/5`h vote on this. City of Miami Page 174 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Vice Chair Russell: Thank you, Commissioner. Commissioner Carollo: Now it's just 4/5ths? Commissioner Diaz de la Portilla: If I remember correctly, I was in Tallahassee back then, Commissioner Carollo. Vice Chair Russell: Yes. Fine. Commissioner Diaz de la Portilla: So -- but I was watching you guys naming those streets after Jose Canseco; Raul Martinez, guy was a drug dealer. Commissioner Carollo: It wasn't me. That was the County. Commissioner Diaz de la Portilla: You guys were doing all kinds of -- Commissioner Carollo: That was your friends at the County; it wasn't us here. Commissioner Reyes: Yeah, that was the County. Commissioner Diaz de la Portilla: But -- as you know, because you know Bill Riley -- Commissioner Carollo: We still have a few streets named by some real bad hombres, like somebody we call him, but, you know -- Vice Chair Russell: That's what makes us Miami. Madam City Attorney, could you clarify the rules for naming -- Commissioner Carollo: I don't want to make any more friends, so I'll let you guys find out who they are. Commissioner Diaz de la Portilla: We -- Vice Chair Russell: Madam City Attorney, are you online? Commissioner Diaz de la Portilla: She's online. Victoria Mendez (City Attorney): Yes, I'm online, but you want me to clar what, exactly? Vice Chair Russell: What do you use to clarify the rules for naming a street after a person who's still alive? Ms. Mendez: It's 4/5ths. Vice Chair Russell .• Thank you very much. Commissioner Reyes: We just did it with J.L. Plummer. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: He's still alive. Commissioner Carollo: Is he alive? Commissioner Reyes: He's still alive. City of Miami Page 175 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Vice Chair Russell: (INAUDIBLE) on this item. Commissioner Reyes, you're the mover. Who is the second on this item, please? Commissioner Diaz de la Portilla: Me. I'm sponsoring it, no? Vice Chair Russell: Commissioner Diaz de la Portilla is the second, and I'm happy to sponsor -- Commissioner Carollo: Where is the street at? Commissioner Diaz de la Portilla: It's off -- it's in my district, Commissioner. It's on 16th Terrace. It's between 17th Avenue and -- Commissioner Carollo: Okay. That's one of the electrical -- Commissioner Diaz de la Portilla: Yeah, where the International Brotherhood of Electrical Workers or their office is, right there on 16`h Terrace in Allapattah. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Between 17`h Avenue and 15th Street Road. And you know Mr. Riley, right? He's an -- Commissioner Carollo: I certainly do. 1've known Bill for many, many, many years. Commissioner Diaz de la Portilla: One of the greatest leaders. Commissioner Carollo: Before you were a Senator. Commissioner Diaz de la Portilla: And before I was born, I think, too. I don't know. I've been doing this a long time. Commissioner Carollo: Well, don't go that far. Commissioner Reyes: They got you now. That's your turn. Commissioner Diaz de la Portilla: That's your turn, Commissioner Carollo. But I'm telling you -- And I will name a street after you, Commissioner Carollo, before you die, too, so don't worry about that. Commissioner Carollo: Well -- Commissioner Reyes: I would second that motion. Commissioner Carollo: -- make it a real big one and wide one. Commissioner Diaz de la Portilla: Absolutely, sir. Absolutely, sir. It's going to be Southwest 8`h Street, sir, between 17th Avenue and -- Commissioner Reyes: La Pequena Habana. Commissioner Carollo: Yeah. Vice Chair Russell: All right. Any further discussion on Bill Riley Street? Commissioner Diaz de la Portilla: No. But in all seriousness, before we continue -- I know you're in a hurry, Mr. Chairman, because I know you're probably hungry and City of Miami Page 176 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 want to go home. I think it's important that we take just a couple seconds to recognize Mr. Riley. He has really truly been an icon of the labor movement here in our community. And whenever you talk about Mr. Bill Riley, everyone knows who he is. From Hurricane Andrew till now, he's still working, helping this community and helping his workers get fair wages; something you're very, very proud about, Commissioner Russell. Vice Chair Russell: He's the one who pushed me to it. Commissioner Diaz de la Portilla: Yes. And he's the one that pushed you to it. I know. He talked about you and a number of Commissioners. He's always been on our side, and more important than that, on the side of the people. And I think that he deserves his honor more than anyone. I'm not big on street -naming, but this matters to me; and so, it's very personal to me. And I appreciate the Commissioners' support on this. Commissioner Carollo: Well -- Vice Chair Russell: It is a good one. Commissioner Carollo: -- Bill Riley, the father, is truly one of the -- Commissioner Diaz de la Portilla: The father, yeah; forget the son. The son will never get a street named after him. Commissioner Carollo: Yeah. Bill is one of the few legends left in Miami. But tell me, Commissioner, just between you and I, who do you speak nicer of -- me or Russell -- when our names cone up? Vice Chair Russell: He's only known me four years now. Commissioner Diaz de la Portilla: He -- Commissioner Carollo: Oh, okay. He gave up. You don't have to answer. He gave up. Commissioner Diaz de la Portilla: No, I will answer. I will answer. Commissioner Russell is ideologically more in tune with him, but you were the Mayor, and he talked very highly -- he spoke very highly of you when you did a lot of things when you were the Mayor of Miami, Commissioner, seriously. I've had a lot of conversations with him. I think Bill is now 75, 76. Commissioner Carollo: You saw me. I voted for him twice. Commissioner Diaz de la Portilla: Yeah. He's -- Commissioner Carollo: Like, you can make it wider if you want it longer. Commissioner Diaz de la Portilla: -- yeah. Well, we're only going to be doing two streets now. But I'm going to Tallahassee. Actually, I'm doing a 17th Avenue designation, but we can't do it with the State road here, so we're going to do like -- kind of like 17h Avenue and 16'h Terrace, so it connects the -- Commissioner Carollo: Good, good. Commissioner Diaz de la Portilla: -- union hall was a gathering place for a lot of labor leaders over the years; a lot of history there -- Commissioner Reyes: A lot of history there. City of Miami Page 177 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: -- way before I was ever involved in politics. Commissioner Carollo: And I'll tell you, it's nice that someone that is already up there in age -- Bill's not a whipper snapper anymore -- to be able to do something that's nice for them. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Commissioner Reyes: That's it, more or less. Commissioner Diaz de la Portilla: Yeah. He's your age, Commissioner Reyes, isn't he? Commissioner Reyes: Yes, yes. Commissioner Carollo: It's good to be able to do something that's nice for them while they're still here with us, so they could -- you know -- enjoy it and feel good about it, so. Vice Chair Russell: Thank you very much. And, of course, he will be providing all the lighting for this section of the street where it's named after him, correct? Commissioner Diaz de la Portilla: Of course, of course; free of charge to the City every time they (INAUDIBLE). Vice Chair Russell: All right. There is a motion and there is a second; several sponsors, including myself Commissioner Carollo: Yeah. Put me as a sponsor, too, please. Vice Chair Russell: All in favor of the item, say "aye." The Commission (Collectively): Ave. Vice Chair Russell: Any opposed? Motion passes. Thank you very much, Commissioner Diaz de la Portilla, for bringing it. That was very, -- Commissioner Diaz de la Portilla: Thank you, Chairman. City of Miami Page 178 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 NA.3 8027 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO PERMIT RESTAURANTS IN THE CITY OF MIAMI TO OPERATE AT ONE HUNDRED PERCENT (100%) CAPACITY, WITHOUT LIMITATIONS, IN ACCORDANCE TO EMERGENCY ORDER 20-244 ISSUED BY GOVERNOR RON DESANTIS ON SEPTEMBER 25, 2020, AND TO FURTHER CEASE ALL ENFORCEMENT OF MIAMI-DADE COUNTY LOCAL EMERGENCY ORDER 30-20. ENACTMENT NUMBER: R-20-0323 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes ABSENT: Hardemon Commissioner Diaz de la Portilla: Mr. Chair. Chair Hardemon: Yes, sir. Commissioner Diaz de la Portilla: We haven't released a number of other pocket items that deal with some of the COVID-19 restrictions that have been placed, such as the curfew and the 50 percent occupancy. So I have -- we're still working through -- think we're only going to be doing two today. Can I introduce them a little bit later, or you want me to do that now? Chair Hardemon: The best way is to always introduce it now so that public comment will be on all of the items, including those items. Commissioner Diaz de la Portilla: Okay. So, Ms. Mendez, do you have copies of those pocket items? Have you released it to the other Commissioners? Victoria Mendez (City Attorney): No, but they're pretty self-explanatory. I can read them and then send them out right away. Commissioner Diaz de la Portilla: Yes, please do so. Ms. Mendez: Okay. So the first one is a resolution of the Miami City Commission directing the City Manager to permit restaurants in the City of Miami to operate at 100 percent capacity without limitations, in accordance to Emergency Order 20-244 issued by the Governor Ron DeSantis on September 25, 2020, and to further cease all enforcement of the Local Emergency Order 30-20. So that would be Pocket Item Number 3, Chairman. Chair Hardemon: Yes. Ms. Mendez: Okay. [Later...] Vice Chair Russell: PL3 is the (INAUDIBLE) without restriction. I believe that's your pocket item, as well, Commissioner. Commissioner Diaz de la Portilla: Okay. Here we go. So most of the State of Florida, after the Governor's order, Emergency Order 244, is operating -- most restaurants City of Miami Page 179 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 are operating at a hundred percent capacity. And in Dade County, because of the political wind of a particular Mayor of Miami -Dade County, we're limited to 50 percent. 1 think we're doing tremendous harm to our restaurants; to our mom and pop restaurants in particular, because the big restaurants and the big chains have survived, because they have the cash flow to survive. And we're truly, truly hurting our mom and pop businesses and restaurants when we limit them to 50 percent capacity, because we all know that they can't -- they still haven't hired the same number of personnel to cook and to serve; and so, they can't turn enough tables to make a buck, which is -- doesn't make sense. But this, coupled with another item thatl have after this one, which is our next pocket item, this deals with the curfew issue. It is a complete absurdity in my mind that people say -- or anyone can argue that you're more likely to get COVID-19 at 10:59 than you are at 11:08. It's stupid. Vice Chair Russell: Right. Commissioner Diaz de la Portilla: It's a silly argument. Curfew, though, was put in place -- and I'm going to speak about both quickly. You know -- Vice Chair Russell: I'd like to take them separately, though, if we could. Commissioner Diaz de la Portilla: No. We're going to vote on them separately; but they're related, because they both impact the ability for our small business owners to survive. A lot of them have declared bankruptcy; they're shutting their doors. We are hurting our businesses and we're hurting our business owners, and we're hurting our economy when other parts, other counties are allowing. So what happens? People are still going out to restaurants; they're just not going to restaurants in Dade County -- or in Miami. They're going to restaurants in Broward and other parts. So all that business that should be going to our residents, to our citizens is going somewhere else. The curfew -- and I was with the Senate President a couple of days ago, and he's from Sarasota. We had dinner and we went to Komodo to have dinner. It's in your district, Commissioner Russell, as you know. I normally don't go to those fancy restaurants, because they're all in your district. I try to stick to my district, but when I do, I find that there's a big space restaurant. Investors have spent a lot of their resources in building this restaurant. And at 11 o'clock, the lights go on and everybody has to go home, and they can't turn the number of tables. So if they could survive, because they have the dollars to survive, but the small mom and pop restaurants cannot survive. So this item for the restaurants takes it to a hundred percent capacity. We obviously respect the social distancing guidelines imposed by the CDC (Center for Disease Control) and everything else that's required -- you know -- masking and -- the masks and everything else. And the restaurants perhaps cannot get to a hundred percent capacity because of the social distancing requirements. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Right? So, they'll either be at 75 -- Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: And that's the thinking here. All the CDC guidelines that are important to protect people's health are in place, remain in place. All this does is tell these restaurants, besides giving you the opportunity to put -- and I got -- when I got my briefing yesterday, on a side note, sidewalk tables, well, yeah, you know, you have the ADA (Americans with Disabilities Act) requirements, it's 48 inches, but a lot of sidewalks are not -- are less than that, right, or about there. So that doesn't really help them. The parking lot helps them a little bit so they can fill some seats outside, but -- and you have a lot of that in your district, Commissioner Russell. But the indoor dining, with it living up to and abiding by the CDC requirements of six feet or more, we still have -- we allow them to go to the max that City of Miami Page 180 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 they can go in their particular establishments and try to maximize and turn as many tables as they can, and have as many occupants as they can within the guidelines. So it says 100 percent. In reality, it'll end up being 75 percent, something like that, or it's a number I'm coming up with, it could be 80, whatever. But it's -- once you put the six feet requirement, the social distancing requirements, it'll be at 75 or 80 percent. And so, this allows us to piggyback on the Governor's order, emergency order, Executive Order 244, that says that restaurants can open at 100 percent and we don't have to rely on our county mayor's whim of limiting it for whatever reason he wants to do it, and why he wants to put Miami -Dade County, and particularly not in Miami -Dade County because suburban districts that he's running for doesn't have that many restaurants like we do in Downtown Miami, in your area, like I do in my area. The restaurants are here in the eastern part of the county, and it's really killing our business. I'm sure you've heard, Commissioner Russell, from your constituents about how this 50 percent occupancy is destroying these restaurants. You have higher end restaurants in your district, but you also have some mom and pops there. And you know that this is not working for them. So I think it's time, respecting the protocols -- the health protocols that we have in place, the social distancing protocols, the wearing of the mask, the understanding of the seriousness of COVID-19 and how it's impacting and killing our residents. But within those parameters, we want to be able to have our businesses survive and succeed and thrive. And right now, they're hurting, and this is a measure to help them remain economically, viable. And that's what this does (UNINTELLIGIBLE) -- Vice Chair Russell: Thank you Commissioner. It is a motion on P1.3. Commissioner Diaz de la Portilla: -- not enforceable. I'm sorry, yes? Vice Chair Russell: I'll take that as a motion on P13. Commissioner Reyes: And I second it, and I want to co-sponsor it. Vice Chair Russell: Open -- motion's been seconded, let me open it for discussion. Commissioner Reyes: Yes, I agree 100 percent with you, Commissioner. And I've been criticizing -- publicly criticizing these -- I mean, these restrictions, because if we are - - most of the restaurants that we have, I have in my district, they are a bunch of little cafeterias. They cannot survive if you impose the -- a 50 percent rule. I mean, what we have to do, and I think that Broward, Broward, they are 100 percent capacity as long as they keep social distancing. And they use masks. And as long as we -- we comply with the protocols, you see, I think that we should allow them to feed as many people as they can in the restaurants, because that's the only way that we are going to help these people, and otherwise, they will have to go bankrupt, they will have to close, and their dream will be shattered, of having their own business and all of that. And I'm totally in agreement with that, as I am, as I am in agreement with the curfew. We have a curfew that is not imposed. I mean, it's not enforced, you see? And if you drive down 8th Street, anv street in the city of Miami, I mean, Dade County, and I mean, the streets are full of people, full of cars, and then who is suffering? Restaurants, for example. You see, come 10 o'clock, they have to go home. When they could at least, if they're open until 12 or 11 or the regular hours, maybe they could serve 10, 15 more patrons. And that these people have suffered for too long. And the businesses are going down the drain. I think it's about time that we start taking action and try to help them survive, survive these hard times that we are living in. And I wholeheartedly would support that. Commissioner Reyes: Very good. Before we vote, I have a couple legal questions for the City Attorney, please. First of all, the mayor's -- the county mayor's new order, is it 50 percent or is it 100 percent with six foot distancing, Madam City Attorney? City of Miami Page 181 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Reyes: It's 50, right? Ms. Mendez: I believe it is at 50 with six -- at 50 percent with the distancing, unless you are able to prove that you comply with what the County has requested. But if you'll give me a second, I'll clarify that. Vice Chair Russell: That's fine because we can still pass this because it's -- it makes sense. But my other question is if we are, from a jurisdictional perspective, that we have some things were preempted from and some things we have more powers on, the Governor has said one thing, the County Mayor has gone more restrictive, and we, under the County, would like to go with the Governor versus the County Mayor. What is our ability to challenge or defy or alter from what the County position is if the State has already made a blanket order. Ms. Mendez: Right, so for purposes of this one, and just to clarify, Commissioner Diaz de la Portilla, we're just talking about the restaurants one, correct? Commissioner Diaz de la Portilla: I understand. Ms. Mendez: No, I'm asking, I'm asking. Vice Chair Russell: Yes, we are just dealing with PL3 right now. Commissioner Diaz de la Portilla: Yeah. I lumped them together because there's a reason for that. And I know the next argument is coming for the curfew, but we can have that argument later. Now we're talking about restaurants only, correct? Ms. Mendez: Okay, I just wanted to clarify. For purposes of the restaurant, because there has to be a finding that they cannot open at capacity that the County's giving, what this resolution is saying is that the County's finding is not adequate or appropriate or good enough to comply with the Governor's Order. It's very nuanced, but that's -- that's what is being said. Vice Chair Russell: Now -- Commissioner Reyes: Question. If -- Vice Chair Russell: -- my -- go ahead, Commissioner Reyes. Commissioner Reyes: -- and -- by us taking this action, could be a reaction from Dade County that would -- what would be the reaction? Not that I'm afraid of it, but, I mean, they are according to, I think, the State, the County, the City. The State dictated a set of rules. The County said, no, I'm not going to adopt those rules because whatever reason. And then I'm going to impose that on the cities that go -- that are under the State. Now, there's one city under that state that said, no, this is not right. We are going to allow, I mean, we're going to follow the State directives. So what are the -- I mean, can there be consequences? What can happen? Ms. Mendez: The County can potentially come in to the City to enforce themselves. Commissioner Reyes: So that is -- the County could come with the county police and close those restaurants and fine them? Ms. Mendez: Potentially. Potentially that's what could happen. Vice Chair Russell: So they have jurisdiction even where our Miami PD (Police Department) operate. My other legal question has to do with the description that Commissioner Diaz de la Portilla gave in the introduction of the item. He said he's City of Miami Page 182 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 looking, for 100 percent, but with honoring the CDC guidelines of mask usage and the six-foot rule. But in the written item, 1 don't see any reference to the six-foot rule. It just says 100 percent without limitation. So if your intention was to honor the six-foot rule, could we keep that in the language as well? Commissioner Diaz de la Portilla: Not a problem with that. Absolutely. Vice Chair Russell: That would be a friendly amendment. Commissioner Diaz de la Portilla: Absolutely. I would have no problem with that, yes. Commissioner Reyes: 1-- I -- (UNINTELLIGIBLE). Commissioner Carollo: Can I ask another request also? Because there are some restaurants that have been able to use a lot of sidewalk space, some that don't have any. Others are using areas of parking. So in essence, these restaurants, they're going to be way over the 100 percent. So, how can we word it, tweak it, so that we say that whether the seating, inside or outside, but it could never be over 100 percent. Commissioner Diaz de la Portilla: Let me ask you. Vice Chair Russell: I don't know, I'd like to give it to them. They've had such a rough time, if they can get through it I don't mind. Commissioner Reyes: Just give it to them. Commissioner Diaz de la Portilla: Yeah, 1 mean, look, from my perspective, Commissioner, I think when it gets back to normal times. I agree. Commissioner Reyes: (UNINTELLIGIBLE) normal. Commissioner Diaz de la Portilla: 100 percent is 100 percent, it should be that, the occupancy is the occupancy. But now, if they can make a little bit of extra bucks by having 110 percent, 120 percent and make up some of the money they've lost. I'm okay with that for now. Commissioner Carollo: Well, my concern -- my concern is that they keep the social distance. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Commissioner Carollo: The tables have to be at least six feet, preferably more, in the bigger restaurants, from each other. Cause look guys, we need to help our small businesses move forward, if we're ever going to get out of this. But at the same time, we need to be very careful that we're not going to be just setting up ourselves now with winter coming. Vice Chair Russell: Thank you. Commissioner Carollo: Today, we had another day that we had close to 500 more people that were infected. The day before was the same. We're gradually going up. Now I know that it looks small compared to the thousands that we were having before. But close to 500 a day, 400 plus a day, is nothing to, you know, be lax about. That's a lot of people that are getting COVID-19 every day. And if you take into consideration that we're not doing as many testing as before -- as much testing as before, it -- you know, it's alarming. So, but that's all that I want to say on that. City of Miami Page 183 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Reyes: I agree with you 100 percent. As long -- and Commissioner Diaz de la Portilla made it very explicit, very clear, as long as we keep the protocol, six -- I mean, social distance, plus you have to wear a mask. And that's it. Commissioner Carollo: Yeah, that's it. Vice Chair Russell: Yeah. So just to be clear, that was the friendly amendment, including the distancing and the masks. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: Right. Add it to the language that we have which was nay intention, but thank you, Commissioner Russell, because that's exactly what we want to do. We want to make sure that the CDC health protocols are abided by and are respected. So, but maybe those restaurants can get to 60 percent or 70 percent of actual occupancy. Maybe some outdoor seating gets to the 90 percent whatever. Commissioner Reyes: Or 110. Or 110. Commissioner Diaz de la Portilla: 110. Commissioner Reyes: They deserve it. They deserve it. Commissioner Diaz de la Portilla: Whatever we can do, always health being the most important thing. But look, economic health matters. Commissioner Reyes: It does. Commissioner Diaz de la Portilla: It's beginning to matter more and more every month that passes. People are hurting, people are shutting down, people can't pay their rent. We cannot ignore that. We have to reopen responsibly, carefully, following CDC guidelines, but we have to reopen. So if we can push the envelope as much as we can, stay with those CDC guideline parameters, that's what I want to do. Commissioner Reyes: And besides that -- Commissioner Diaz de la Portilla: And I think it works as long as -- and I'll accept that friendly amendment from Commissioner Russell that says as long as we abide -- as long as these establishments abide by CDC health protocol requirements, six feet distancing, mask -- wearing a mask, then we're okay. Commissioner Reyes: And if I may ask, I may ask what -- Vice Chair Russell: (UNINTELLIGIBLE) Commissioner Reyes I'll recognize you, absolutely. Madam City Attorney, you and I had spoken about the six foot issue. Under Gimenez's rule, it was six feet between tables. And I would like it to say six feet between patrons that are not in the same group. Commissioner Diaz de la Portilla: Correct. Ms. Mendez: Right, and remember that I -- Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: To bring them closer together, of course, of course. City of Miami Page 184 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Vice Chair Russell: And I don't -- I don't usually want to editorialize and I don't like knocking other folks, but we should have a uniform policy between the City and the County. And 1 know Art has been trying to do that. But we must take action where we see the County acting improperly, either for the health and safety or business vitality. Commissioner Diaz de la Portilla: Commissioner Russell, don't be afraid. Hit him if you have to hit him. Vice Chair Russell: Mayor Gimenez has failed us in terms of creating a blanket policy that we could follow uniformly. Commissioner Diaz de la Portilla: Correct. Vice Chair Russell: (UNINTELLIGIBLE) health safety and business vitality of our community. So we've had to make some unique policies. And I support you in this. Commissioner Diaz de la Portilla: Thank you, Commissioner. Vice Chair Russell: Not at all. Commissioner Reyes, you're recognized. Commissioner Reyes: I want to add -- I mean, I want to stress once again the importance of the small businesses. You see, small businesses are the greatest creator of jobs. And what we're doing now by keeping them from -- I mean keeping them with the ability to survive, what we're doing is we're hurting a very important part of our economy. You see, besides not being -- I mean, 1 think that it is not logical or just. You see, we're hurting our economy. And as Commissioner Diaz de la Portilla said, you see, maybe by giving them an extra number of people that they can serve, that that could be an extra waiter, an extra server, that it is taking -- I mean, some -- a salary and that person, he will contribute to the economic recovery of our city. I mean, we have to look into all those little things that help our economy, and this is one of them. Mr. Noriega: Mr. Chair? Vice Chair Russell: You're recognized. Mr. Noriega: Can I -- can I ask George a quick question? George, you look like a Supreme Court justice, by the way. Commissioner Reyes: Yes, he does. George Wysong (Assistant City Attorney, Supervisor): Thank you, sir. Mr. Noriega: (UNINTELLIGIBLE) I want to address one particular aspect of this and get some clarity on it. Can you read, sort of for informational purpose, reread the section that deals with table occupancy and the limitations'? Because I want to put that on the radar to see if they want to address that as well. Mr. Wysong: Yeah. Mr. Noriega: I think that's an important issue, too, in terms of the number of people you have on a table. I think we ought to at least discuss it. Vice Chair Russell: Just to clam, Mr. Wysong, you're going to read from the new normal orders or from Commissioner Diaz de la Portilla's legislation? Mr. Wysong: The distance between tables was in the County Order -- Vice Chair Russell: In the County Order. City of Miami Page 185 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Mr. Wysong: 30-20. And essentially, it says ensure six feet of distance between tables. And we reached out to the County Attorney's Office to try and clarify that and requested actually that they amend the new normal guide, because it's recognized that if you have two tables six feet apart with people sitting at those tables you don't have six foot separation between -- Vice Chair Russell: Back to back. Mr. Wysong: Yeah, so that's what the plain meaning of it is, is that it's between tables not persons. Vice Chair Russell: And did they amend? Mr. Wysong: They did not. Commissioner Diaz de la Portilla: Okay, but -- but I don't think that's what Mr. Noriega was asking. Is that what you were asking, Mr. Noriega? Mr. Noriega: I wasn 't. I was asking about -- Commissioner Diaz de la Portilla: Six people per table (MULTIPLE PARTIES SPEAKING IN UNISON) Mr. Noriega: Yeah -- people per table versus 10 versus -- Commissioner Diaz de la Portilla: Or 10 or 12 -- that issue. Mr. Noriega: Yeah. I want you to read what the order says now, what the newly imposed order, because there were changes made. It was originally four, and it's been modified. Commissioner Diaz de la Portilla: Six -- Mr. Noriega: Can you read that? Yeah, and make sure that they're comfortable with that, and maybe they want to address that as well, because I think that needs to be at least discussed. Mr. Wysong.• Okay, so -- hold on one second. And you're talking about the County Order, right, Mr. Manager? Mr. Noriega: Yes. Mr. Wysong: Okay. So it says that -- all right, the first paragraph that talks about it is -- just talks about restaurants and other food service establishments with seating for more than eight people shall close for on premises dining. That's the curfew language. Alright. Then the next section says, notwithstanding any -- this is E of the 30-20, notwithstanding any controlling -- notwithstanding and controlling over anything in the guidebook to the contrary, restaurants and other food service establishments shall be permitted to have a minimum occupancy of 50 percent and shall otherwise comply with social distancing requirements to the maximum extent possible. A restaurant or other food service establishment shall be allowed to operate at up to 100 percent capacity if the restaurant, 1) ensures six feet of distance between tables, 2) ensures that no more than six persons or 10 persons within the same household sit at a table, and 3) ensure that persons not actively eating or drinking are wearing facial coverings. Is that the language? City of Miami Page 186 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Mr. Noriega: That's it. So on the seating capacity, this reference in there, do you want to adhere to that same language? Or does -- is the will of the Commission to not even address that at all and pose no limits on table sizes and seating capacity by table. Vice Chair Russell: Commissioner Diaz -- Mr. Noriega: That's important for us to understand from an important -- Vice Chair Russell: Do you have a recommendation as the manager? Mr. Noriega: Yeah, I would at least at a minimum adhere to what's in the County Order, I would. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: Okay, but hold on, hold on, hold on. So maybe we can amend this. So the County's' saying how many per table? Mr. Wysong: 6 per table or 10 persons if they're all members of the same household. Commissioner Diaz de la Portilla: Okay, so -- so we expand it. So it's happened to me like three times already and I'm sure it's happened to a whole bunch of people. You have a big family, you go take your family, and three of them have to sit in one table and six sit at another table. That's the first. Commissioner Reyes: (UNINTELLIGIBLE). Mr. Noriega: Yeah, but this has 10. This would have 10. Commissioner Diaz de la Portilla: So how much, can we take it to 8 per table, or 9 per table, or 10 per table? How much can we do? Mr. Noriega: Well, the actual order right now reads you can have 10 per table if you're all in the same household. Otherwise it's six -- Commissioner Diaz de la Portilla: Okay, so I want to amend -- so I want to amend -- by the way, when I went to the restaurant, we had seven. And they came and they gave me a form, and I was with the President of the Senate and other people, and I had to fall out all the names of the seven people on the table and sign a waiver at that Komodo restaurant that I went to on Tuesday. So they allowed me, they allowed, we called, we made a reservation for seven, they allowed us to sit. But we got there, they gave us the form and we had to kind of fill it out by names. So they were corning up with their own way of you know -- Unidentified Speaker: (INAUDIBLE). Commissioner Diaz de la Portilla: -- this is a sophisticated restaurant that knows how to do these things, right? But imagine the people that don't have that sophistication and get confused by six people or 'bur people. Some restaurants, I also had an experience where I went with jive people and they were like, oh, only four per table. And I had to explain to them, no, I'm sot -ay, that's no longer the case. That confusion, because of what the County Mayor has done, that confusion is just driving people crazy. So, if you're together, you know each other, you have dinner together, you're members of the same household, the more we can do, the better per table, so that way people can actually share a nice dinner together. So 10, and we make it like that, we make it 10 per table, and then it's okay, and then people can attest to whatever they want to attest to along the way, right? City of Miami Page 187 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Reyes: That's right. Mr. Noriega: So are we going to stick with what the County -- Commissioner Reyes: That's right. Mr. Noriega: -- 10 per table if you're the same household, otherwise it's a maximum of 6. Commissioner Diaz de la Portilla: Six, now we don't have the ability to go around what the County does, because the -- in other words, this is a question I have for our City Manager -- for our City Attorney, yesterday, and it's a question that Commissioner Russell talked about, asked earlier. If we have an executive, like executive -- Governor's Executive Order 244 -- 22-44, talking about you can do this, this and that, can we piggyback on that and bypass the County regulations? If the Governor's Order specifically addresses that issue. Ms. Mendez: So, that's why I wanted to -- the answer I gave you covered the restaurants. In general, in general, remember that the County is taking the position of interpreting what the Governor was saying. And remember that I told you there was a little bit of a gray area with regard to the Governor's Order. Commissioner Diaz de la Portilla: Correct. Ms. Mendez: So with respect to the County -- what the County is saying is that they can pass orders because the Governor's Order says they can't pass ordinances. So they're just saying that they're able to pass orders because that's not precluded. That's the Countv's take on it. Commissioner Diaz de la Portilla: Right. But the Governor's -- you're talking about 22-44, right? The last order the governor issued. That one addresses certain things, doesn't address others. Ms. Mendez: Right. Commissioner Diaz de la Portilla: But in terms of the issue that we're talking about, about the 6 and 10, 6 for table or 10 if you're part of the same household, can we go beyond that? Because of the Governor's Order? Ms. Mendez: Well, that's why you were saying in your resolution that you don't agree with what the County gave for a reason to issue the order. Commissioner Diaz de la Portilla: What the County's criteria is for -- Ms. Mendez: Correct. Commissioner Diaz de la Portilla: So then we can say 10 per group, right? Up to 10 per group. We don't have to worry about 6 and 10. In other words, the 10 per household thing, we don't have to abide by that. Commissioner Reyes: Maximum of 10, period. Commissioner Diaz de la Portilla: Maximum of 10, period. We don't have to say 10 because it's the same household. Because first of all -- Commissioner Reyes: Maximum of 10. City of Miami Page 188 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: -- we all live in the same household. I don't know why 10 people live in the same household. Let's say that's the case, unless you have kids or whatever. But -- so people can say that. So that's kind of absurd. The thing is, can we say 10 total? Ms. Mendez: Now I understand what you're saying. Mr. Wysong, correct me if I'm wrong, by all means, I believe that if you are saying that the County's criteria is not correct, then you can give them more capacity based on what the Governor's Order says. But Wysong, clarifY that a little if I'm being inarticulate. Mr. Wysong: Right, right. So the Governor's Order 22-44 didn't have any of that social distancing stuff. It basically said, if you're going to go lower than 100 percent capacity, you have to find that the reasoning for going lower than the 100 percent, you're going to have to quantify the economic impact of each limitation or requirement on those restaurants, make a finding when you do it. Commissioner Diaz de la Portilla: Per restaurant, right? Mr. Wysong: Right, just restaurants. And then two -- Commissioner Diaz de la Portilla: No, no, no, I'm sorry. No, no, Mr. Wysong. Mr. Wysong: Yes, sir. Commissioner Diaz de la Portilla: Per restaurant. Mr. Wysong: Well, it says quanta the economic impact of each limitation or requirement on those restaurants. The County has interpreted on those restaurants to mean every restaurant. Commissioner Diaz de la Portilla: All restaurants. Mr. Wysong: Yeah. And then the second limitation was explain why each limitation or requirement is necessary for public health. So in 30-20, the County said that essentially these are necessary, like a general public health safety statement. And as far as the impact, they said the impact is 54 percent impact to sales compared to prior years. So, they -- that's how they quantified it in their whereas clauses. So -- and the issue is really whether or not the 30-20 -- there's no issue with the Governor's Order, the issue is with the County's Order -- Commissioner Diaz de la Portilla: Of course. Mr. Wysong: -- as you're no doubt recognize. Commissioner Diaz de la Portilla: So, I would like to amend, it's my resolution, I would like to amend to then say up to 10 people per table. Vice Chair Russell: Before you (UNINTELLIGIBLE) that amendment, though, I have a question for you on that -- Commissioner Diaz de la Portilla: Yes sir. Vice Chair Russell: -- because it's currently 10 for family household and 6, according to the County. If we make this change removing the 6 part, so it's just 10 for anybody, isn't that being less restrictive than the County? And wouldn't we be preempted from that specifically, Madam City Attorney or George? Commissioner Diaz de la Portilla: No. City of Miami Page 189 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Unidentified Speaker: (UNINTELLIGIBLE). Ms. Mendez: And you're usually -- 1 see what you're saying, Commissioner Russell, because we've told you so much about preemption. In this case, though, based on the order, you are saying that you don't agree with the County's findings. And -- Vice Chair Russell: Challenge (INAUDIBLE) -- Ms. Mendez: Wait, no, no. But this is why -- Vice Chair Russell: Go ahead, please. 1 think 1 get you. Ms. Mendez: The thing is that you are saying that you don't agree with the County's Order, so that's why you could go more. It's not a preemption thing. It's a, you don't agree with the criteria that they have set based on the Governor's Order. I'm sorry if I'm not -- Vice Chair Russell: No, you make perfect sense now. I do completely understand that. I am a little concerned about 10 person tables of people who are not from the same household. And I'm also a little worried about being too different from jurisdiction to jurisdiction. I like where Art is going, that we're trying to match as much as possible. And it sounds like his recommendation here for this at least part of it is to try to come in line with that County's 6 and 10, but then go further in what you're offering. Commissioner Reyes: How do you know that they are from the same household? Have you checked the driver's license or something like that? I mean, if I go -- I mean, if I go, let's say that we all go to a restaurant and I say, oh, we all live in the same house - Vice Chair Russell: (INAUDIBLE). Commissioner Reyes: I mean, you see, don't you see the family resemblance? I mean, we all -- we are all the same family. And whatever, well, pick a last name, we are all Noriegas or Russells, you see. I mean, it's something that cannot be proven. Vice Chair Russell: It's true. I mean, they could lie, but I -- Commissioner Reyes: They can lie. I mean, if we are going to do it being so restrictive Vice Chair Russell: I'm trying to find that balance, and I know we all are. I know we are all trying to find that balance to encourage business, but keep the health. I am so worried about this spike. Commissioner Reyes: (INAUDIBLE) -- Commissioner Diaz de la Portilla: But Commissioner Russell, Commissioner Russell, if it's 6 people or 10 people, is there a difference in the spread of coronavirus if'it's 6 or 10 people? If one person has it. Vice Chair Russell: They're all from the same house, there's going to be no spread. Commissioner Diaz de la Portilla: But if they say they're from the same household and they're not. I mean, really, in practical terms, does it really matter? Is it really inconveniencing patrons because you create a situation where, 6 is better than 10? Really, it's arbitrary. Who came up with that number? Carlos Gimenez? Come on, 6, 10, 8, 7. I mean, really? What's the difference? Same thing with the curfew, right? City of Miami Page 190 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 10:59, 11:01. The curfew was put in place and these restrictions were put in place six months ago because we had a crisis. We still have a crisis, hut we had an emergency. The cases were rising and we had to be aggressive in telling people, hey, government says you need to stay at home, stay at home order. Curfew, you know, masks. We had to really change the way people behave. So, we had to really pound it into them, hey, you got to do this, you got to do that, you got to do that. We have to begin to relax, to allow our businesses to flourish now. It doesn't make a difference in terms of health if it's six or seven people, it's an arbitrary number. It really. is. Mr. Noriega: Commissioner, my argument on that is not from a standpoint of whether 1 think it really makes a huge difference. It's more for consistency and, you know -- Commissioner Diaz de la Portilla: Consistency with who, with Mayor of Miami - Dade? Mr. Noriega: Yeah, whether you agree with the number or not, honestly, everything we do that's different from the County creates confusion. It does. Commissioner Diaz de la Portilla: Well no, no, no, first of all, we're piggybacking on the State Order. Mr. Noriega: I know -- people don't differentiate, from that. Commissioner Diaz de la Portilla: So everything we do that's different from 66 other counties creates problems. Mr. Noriega: I know. Commissioner Diaz de la Portilla: Right? Now everything we do, 66 other counties are doing something different. So, when I drive from here to Sarasota, like I did two weeks ago, I stopped in three or four counties, and I had lunch, I had dinner, on the way back I had breakfast, and there wasn't an issue. So the only county in the whole state that's doing a difference is Miami -Dade County. it's arbitrary, it's wrong, it's not based on any data, there's no difference between the possibility of getting -- Mr. Noriega: I'm not disagreeing with you. Commissioner Diaz de la Portilla: -- COVID-19 at 10:59 versus 11:01; there's no difference between having six people at a table or seven, it's stupid. Commissioner Reyes: You know, the thing is that we have -- Commissioner Diaz de la Portilla: So, let's stop following stupid guidelines, and let's start doing things -- Commissioner Reyes: The thing is that that is illogical to have guidelines and that are -- I mean, if you cross the street, you're going to -- where they have different guidelines. Mr. Noriega: I know. Across the street, the City of Coral Gables, you're going to have a different criteria now. Commissioner Reyes: -- different criteria -- (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Reyes: -- that is illogical. City of Miami Page 191 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: This Mayor never decided to sit down with our mayor, the mayor of our city, the Mayor of Coral Gables, or Miami Beach, on many things, of course, beginning with the CARES (Coronavirus Aid, Relief and Economic Security) dollars to the uniformity of the rules so that people don't cross 37th Avenue from Miami to Coral Gables, and say, oh, I got to wear a mask now. It's stupid. There's no other word for it, stupid. Because there's no criteria, there's no health basis. It's not based on health requirements or CDC requirements. It's based on an arbitrary, number that he came up with. Our restaurants are hurting. They're hurting. Families go out. There's seven members in the family. Okay. One of them has to sit at a different table six feet apart. That's stupid. Mr. Noriega: No, they wouldn't under this rule. Commissioner Diaz de la Portilla: Well or 10 -- Mr. Noriega: They don't have to sit at a different table. Commissioner Diaz de la Portilla: Under this rule, because they're members of the same household, but maybe their neighbors or maybe they just family don't live in the same house, or maybe they're -- maybe the City -- Mayor Suarez wants to go out with his dad. Do you live in the same household, Mayor Suarez, with your dad? No. But you come out with your kids and you go out with your dad and your mom and your -- and Gloria and the kids and all of a sudden it's seven people. Oh, they don't live in the same household, they live in two different households. But they're family. They -- Commissioner Reyes: That is illogical. I mean, listen. Commissioner Diaz de la Portilla: Absurd. Commissioner Reyes: Listen, and let's -- Commissioner Diaz de la Portilla: Let's try making policy -- let's try and make policy that makes sense -- Mr. Noriega: I'm not making the argument -- but Commissioner, I'm not making the argument based on logic. All I'm -- the only -- Commissioner Diaz de la Portilla: Obviously not, cause if you're following you're following policy -- -- if Mr. Noriega: Let me finish. Let me finish. The only reason I recommended it was for consistency purposes. That ultimately is the only reason I'm recommending it. Logic has nothing to do with it clearly, right? Commissioner Diaz de la Portilla: Obviously. Mr. Noriega: So all I'm saying is my recommendation, you asked for, was to be consistent. That's it. That's it. Ultimately, you know what, you as a body are going to make a decision relative to how you feel is best suited. I don't honestly think that making a total unit, you know, occupancy of a table from 6 to 10 just in general, honestly will probably move the business community in terms of restaurant owners. And it's not going to move the needle too much. I just don't. From a business perspective. But that's my opinion. You asked me for it and I gave it. It's as simple as that. Commissioner Reyes: How about if we say it up to 10? Period. Commissioner Diaz de la Portilla: I agree. That's what I want to do. City of Miami Page 192 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Reyes: I mean, if we're going to do it, we'll do it. If not, 1 think that we are going in circles. You see, and either we do it and we face the consequences if there are any, you see, or we don't do it and we keep 6 and 10. And if we are not going to be enforcing it, you see, our police is not going to be enforcing it. Vice Chair Russell: All right, I'll stick with -- Commissioner Diaz de la Portilla: Can I get Mayor Suarez's opinion on this? Because Isee him -- Vice Chair Russell: Is he online? Commissioner Diaz de la Portilla: He's on Zoom now. Mayor Suarez: I'm here. Thank you, Commissioner. So I agree with you and I agree with Commissioner Reyes on a variety of different points. First, I've never been a fan of the curfew. I never saw anything in the contact tracing data that I look at on a regular basis that indicates to me that the curfew, per se, is what stems the tide of the spread of COVID. Obviously, there's a variety of other things, but the curfew was never one that I ever was a big fan of. And I've, you know, said that publicly. I think the other problem that you have with a curfew is its enforcement, right? So what's happening in the city is we are enforcing it very, very vigorously, right? 10:02 when it was 10, now, you know, we're very, very strict on enforcement. But other cities in Dade County are not strict on enforcement. So, it's creating an enormous competitive disadvantage for our businesses against businesses in other cities. I've talked to other mayors from other cities about it. Some mayors feel that we don't even have the ability to enforce it, that it can only be enforced by the county because it's a county ordinance. Frankly, it should be enforced by the county because the county is the one that took all those CARES dollars that they never gave us and have the ability to enforce it at that level. I don't think it's fair to ask the city, which hasn't gotten any CARES dollars yet, to enforce a curfew with our own resources. So, I think that's like the third issue. And then of course, as you and Commissioner Reyes said, there's a lot of inconsistencies between us and other parts of South Florida. In terms of a curfew in Palm Beach County, there's no curfew, et cetera. And they have lower rates of COVID-19. Our COVID-19 rates have been going down. Obviously, we're monitoring them closely because the real issue has been, for us, I think, the mask in public, which I think has been very helpful, and maintaining a fine structure there. And I also think, you know, the schools, the fact that the schools open is something we have to carefully watch because you're talking about 400,000 people, 350,000 students and 40,000 teachers. So, that's something that is something we need to monitor. In terms of the restaurants, what I was trying to find, and this is the part where I have not seen this, and maybe the City Attorney can opine on this. because I haven't seen it in the County's Order, but it could be that l just haven't looked at it carefully enough. I know that the Governor's Order requires, if you're going to go less than 100 percent on the occupancy, it requires, and I'm reading from the Governor's Order, it must -- you must quantify the economic impact of each limitation or requirement on those restaurants. I'm not sure that the County Order has done that. Are you under the impression that it has? Ms. Mendez: Well, that is what the resolution, the pocket that Commissioner Diaz de la Portilla has set forth, that it does not properly quantify; it does not have the proper information, and therefore you can go higher. Mayor Suarez: So what I'm saying is that I don't believe that the County's Order complies with the Governor's Executive Order because it does not -- you know, it literally does not follow what the County -- I mean, that's my -- I didn't see anything in the County Order that did that, I could -- again, it could be that I didn't read it City of Miami Page 193 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 carefully enough. It's a very difficult threshold to meet, by the way. I think the Governor did that purposefully. You know, it's very difficult to quantify what the economic impact is of reducing an occupancy rate from 100 to 50. You'd have to know what every single -- how that's going to affect every single restaurant in your jurisdiction, right? The 50 percent diminishment, that's an economic study. You would know it, right? Commissioner Reyes: 50 percent reduction in income. That's it. Mayor Suarez: Right -- Commissioner Reyes: In revenues. That's it. Mayor Suarez: -- but you would have to know the income of every single restaurant. Commissioner Reyes: Yes, I mean, (UNINTELLIGIBLE) -- I mean, you would do it by average income or by historical data and all of that. Mayor Suarez: But don't think it's been done. I don't think it's been done. Commissioner Reyes: It hasn't been done. You need to go to historical data and say -- Mayor Suarez: Sure. So it can be done, it can be done. But it hasn't been done. Commissioner Reyes: But it hasn 't. It hasn't been done. Mayor Suarez: It can be done, but it hasn't been done. So, 1 don't think the County's complied with the Governor's Order. So, I think that's the issue on the 100 percent. So, on the curfew, again, I've never been a fan of it. And I do -- I have been getting a lot of complaints about selective enforcement of the curfew. So, you know, I think the Commission has the right to tell the Manager not to enforce the curfew. And then the County can enforce the curfew pursuant to its County Order. They can use the CARES money that they are -- that they have, that they have not given vet to the cities to do that, to create an enforcement team. We, who have a $30 million deficit and are struggling to balance our budget on behalf of layoffs and things that we have to do, I don't think it's fair for us to have the burden, the additional burden of enforcement when, you know, when we don't have the resources for it. Vice Chair Russell: All right, thank you, Mayor. I'd like to bring this to a vote. We have a motion, we have a second. Commissioner Carollo: Hold on, hold on, hold on, hold on. I've been very quiet listening to -- Vice Chair Russell: (UNINTELLIGIBLE) Commissioner Carollo, go ahead. Commissioner Carollo: -- that doesn't mean that I have my two cents to put into this. Vice Chair Russell: And we're not we're not talking curfew, just the restaurant capacity. Commissioner Carollo: I -- I understand. What I'd like to add is the following, whatever your motion is for the amendments, to add this amendment at the end, that notwithstanding all of the above, bars, taverns, beer houses, nightclubs, strip clubs, and other adult entertainment establishments are not included in this resolution is it? Or ordinance that you're puttingforward? Vice Chair Russell: It's a resolution. City of Miami Page 194 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Ms. Mendez: Resolution. Commissioner Carollo: In this resolution? Commissioner Diaz de la Portilla: Resolution, yeah. Resolution. Commissioner Carollo: Okay. Do you need for me to repeat that? Commissioner Diaz de la Portilla: No. The -- there was a -- I have no intention of including places that have close proximity, people are in close proximity to each other, like bars, strip clubs, places like that. 1 believe, I've been told by our City Manager that there may be the arts and entertainment district, in Commissioner Russell's District, may want to have an exemption for that. 1 don't know if that's the case for Commissioner Russell. Only for that area, the arts and entertainment district may want to (UNINTELLIGIBLE) -- Commissioner Carollo: Look, you can't do it for one area like that and not the other. Commissioner Diaz de la Portilla: Well, that was the legal question that 1 had. Vice Chair Russell: Are we talking about curfew or capacity now? Commissioner Carollo: Capacity. Commissioner Diaz de la Portilla: We're talking about both. But again, we mix the conversations, right? But let's get to the point. The legal question, which I had with our City Attorney yesterday was, can we -- if we do scooters for one particular district, can we do this -- can we do something for a particular district and not do it for another? Ms. Mendez: So -- Commissioner Diaz de la Portilla: We have programs like that, let's say District 2 can allow because of the nature of where District 2 is. Commissioner Carollo: You can have them in certain things, but I don't think this is one of those, necessarily. Commissioner Diaz de la Portilla: I know, but I'm asking, I just want to know what the City Attorney. Vice Chair Russell: Madam City Attorney, you're recognized. Ms. Mendez: Generally, it should be citywide things unless you can clearly explain why one area is different than the other. So, for instance, for the scooter program, we clearly said that it was in the densest part of the city. Commissioner Diaz de la Portilla: Correct. Ms. Mendez: We said all the reasons why all the other districts were different so that we can have this pilot program and then see if the rest of the city would join in. So, technically, you're not supposed to, unless you can clearly specify why a certain area is different or should be treated differently, these type of things should not be, you know, per district. It should be of a citywide import. Commissioner Diaz de la Portilla: Right. So, my question was, the arts and entertainment district is clearly different than Allapattah. For example, I would never City of Miami Page 195 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 want to have it in Allapattah because it's a different kind of area, right? But the area where the tourists go and where people, you know, in the area that Commissioner Russell represents, that, to me, the same way that the scooters don't work in District 1, maybe in the health district, maybe, that's a little bit of a stretch. I did it because 1 was being nice that day. I don 't know, I woke up in a good mood. But I'm not a big fan of scooters. But I thought that the health district, it may work a little bit there. I know it definitely works in downtown, in some parts of downtown. So there are unique areas in our city that you could do some things and you can't do it in other areas, right? So Ms. Mendez: You clearly have to state the uniqueness just so that we, you know, that's all. Commissioner Diaz de la Portilla: But again, I'm not intruding into Commissioner Russell's District. I'm just asking if that's something that he wanted to do in the arts and entertainment district. Vice Chair Russell: I can expressly identify the sections of my district where this would be warranted. And that would be those business centers, those activities of, you know, music and nightlife and recreation. That's the -- it's basically the downtown boundaries, the arts and entertainment district, and even the BID (Business Improvement District). There's a lot of restaurants there that suffer at that curfew point, simply because they're missing a whole last seating that they could get in. And there's no difference, as the Mayor said, and as the Manager and yourself said, there's no difference in transmission between that minute and 20 minutes later. So, we're just restricting them. So, I think in those business districts, those high -activity districts, I'm open, but 1 want to be clear about what we're talking about, because we've started talking about table capacity and occupancy numbers, and in your item, Commissioner Carollo's requested amendment would like to exclude bars, nightclubs, and all those other venues. Commissioner Diaz de la Portilla: That's fine because we're talking about restaurants. That's fine. That part's fine, but we're mixing the conversations, right? We're going to have a conversation about curfew now. Vice Chair Russell: Yeah, but let me capture that amendment. Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: So, that amendment for PI3 is accepted, the mover and the seconder accept, correct? Commissioner Diaz de la Portilla: Correct. That's accepted and that's fine because we're talking about restaurants only. Vice Chair Russell: Right. So, now if we're going to go into the bar and nightclub discussion, that one is more about curfew or capacity as well? Commissioner Diaz de la Portilla: It's about both. That's the issue. That's the issue, right? Vice Chair Russell: Okay. Commissioner Diaz de la Portilla: But that one is -- I'm more concerned about -- well, once we pass, well, this is limited to restaurants, let me take a step back. Capacity doesn't really impact those businesses that much, that's more about curfew, because those are late night venues, right? City of Miami Page 196 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: Those are places that 11 o'clock does not work under any circumstance. People don't go to these places at 7 o'clock at night. They go at 10, 11, 12 o'clock at night. So that's the curfew conversation. So I would like to pass this. Vice Chair Russell: That's what I'm trying to get to. Commissioner Diaz de la Portilla: Respecting Commissioner Carollo's amendment that says, hey, we're not here, we're talking about only restaurants and this is a standalone item for restaurants that could do 10 members per table plus the 100 percent capacity. Vice Chair Russell: Right. With respect to the mask -- Commissioner Diaz de la Portilla: Respecting the health protocols of CDC, six feet distancing and the mask. Vice Chair Russell: Yes, I believe that's all we've added. Commissioner Diaz de la Portilla: That's that, that's one issue. Let's get rid of that., let's get that -- Vice Chair Russell: Is there any further discussion on that item in the amendment? Commissioner Reyes: No. Commissioner Diaz de la Portilla: I move that. Vice Chair Russell: Mr. Mayor, you'd like to say something? Mayor Suarez: I would just say that I totally agree that I think that that's proper under the Governor's Executive Order. In other words -- and I think that's what the Governor's Executive Order contemplates in precisely that fashion. I think the County's deviation from that, without complying with the order, I think violates the order, and that's why I think this is proper. Commissioner Reyes: Okay, let's vote. Vice Chair Russell: All in favor of the item, say "aye. The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. City of Miami Page 197 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 NA.4 8031 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO CEASE AND DESIST THE CITY OF MIAMI'S ENFORCEMENT OF MIAMI-DADE COUNTY'S ("COUNTY") EMERGENCY ORDER 27-20, AS AMENDED, PROMULGATED BY COUNTY MAYOR GIMENEZ FOR PURPOSES OF IMPLEMENTING A CURFEW LIMITING THE MOVEMENT OF PERSONS INSIDE THE COUNTY AND OPERATING HOURS OF ALL ESTABLISHMENTS, INCLUDING WITHIN THE CITY OF MIAMI, PRIOR TO 12:00 A.M. (MIDNIGHT) DAILY. ENACTMENT NUMBER: R-20-0326 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes ABSENT: Hardemon Note, for the Record: For additional minutes referencing Item Number NA.4, please see Item Number NA.3. Victoria Mendez (City Attorney): And then Pocket Item Number 4 has to do with the parks. Commissioner Diaz de la Portilla, that one's still active, correct? Commissioner Diaz de la Portilla: No. I spoke to the Manager. I think his assurances are enough for me to know that they're going to -- you know, I'm comfortable with the answer he gave me yesterday during our briefing so we don't need to do that here. Ms. Mendez: Okay, thank you. And then the next pocket has to do with a discussion of the curfew in general. Commissioner Diaz de la Portilla: Correct. We're introducing that one. Ms. Mendez: Which that one I don't have a copy right now, but I'll send to everyone. But it's mainly a discussion of the curfew and its enforcement. So it's pretty self- explanatory as well upon when we send it. And then the last one is also a discussion, but I don't know -- it was going to be mainly a discussion. I don't know if you want to mention that. Commissioner Diaz de la Portilla: The discussion on the mask? Is that the mask one? Ms. Mendez: The mask one. Commissioner Diaz de la Portilla: We're going to withdraw that one for now. Ms. Mendez: Right. And then the last one just with governance, the governance item. I don't know if that one you're bringing up now or it's just going to be a discussion later. Commissioner Diaz de la Portilla: I don't know yet. Ms. Mendez: Okay. Commissioner Diaz de la Portilla: But we're not going to vote on it, so I don't think, Mr. Chair, that it requires public input. It's just a discussion item. City of Miami Page 198 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Chair Hardemon: Right. Commissioner Diaz de la Portilla: Correct? Ms. Mendez: Correct. Commissioner Diaz de la Portilla: Okay. Chair Hardemon: So Madam City Attorney, is there a PI.4 that you've named? Because I know you read a few different things but -- Ms. Mendez: Right. Chair Hardemon: I have 2 and 3. The last one that 1 have is the restaurant, permission to operate without restrictions. Ms. Mendez: Right. That one is PI3. And then the other substantive one is PI4, which has to do with curfews in gen -- with the curfew. Chair Hardemon: And that is the item. It's not a (INAUDIBLE). Ms. Mendez: That one's an item, yeah. The other ones we've resolved. Chair Hardemon: Okay. Commissioner Diaz de la Portilla: Well, we haven't resolved them. We're just not going to discussing them today. We'll come back to them, I'm sure, before you leave, Commissioner Hardemon, before you go to the upper body. Chair Hardemon: Upstairs, huh? Commissioner Diaz de la Portilla: Upstairs. [Later...] Vice Chair Russell: Let's take PL4 with regard to the curfew situation. Mr. Commissioner Diaz de la Portilla, you have the floor. Commissioner Diaz de la Portilla: Here we go, curfew. We've sort of made the argument already. We've had the conversation. A 11 o'clock curfew is -- most of these restaurants and -- operate on turning three tables every night, right? That's kind of the formula to be successful as a restaurant. A 11 o'clock, people, you know, normally it's 6.•00, 8:30, 10 o'clock; 11 o'clock is killing these restaurants because they can't turn that third table. And to me, the curfew is an absurdity because there's no scientific evidence, no health evidence from any expert that you're more likely to get COVID at 11.01 than you are at 10:59. I was the one that pushed for the curfew initially. You remember, Mayor Suarez, when we had these conversations early on, that you had COVID-19, and you were holed up and we were quarantined because we were hanging out together, and, you know, and Carollo was quarantining. And we're - - those were good times because we were kind of learning, and learning how to formulate policy and deal with this very serious situation the city's dealing with, that the world is dealing with. But now that we're here, that we've already learned, we know what's happening, that there's a vaccine being developed, that we're -- we've had, I think, three weeks now, according to the Department of Health here in Miami, a downward slide in our cases, that maybe now we need to begin to reevaluate those policies. So the curfew no longer makes sense, in my opinion. The governor, when he issued his 22-44 Order•, he didn't specifically address curfews. I've asked President City of Miami Page 199 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Galvano the other night -- in the morning, when I saw him in the morning, I said, can you get the governor to issue an order specifically dealing with this? He's working on that. But I asked our legal department, our City Attorney, whether we can still do it, sort of do it from an enforcement perspective, that we're not going to enforce curfew. That we're going to say, hey, the city of Miami, you can stay open as late as you want to, say no curfew. I don't want to move to 12 o'clock, 1 o'clock, I think it's absurd, just no curfew. Because there's no higher risk at a later time than an earlier time. It's just a stupid argument. And that's what this does. It says we eliminate the curfew. Commissioner Carollo: I -- Commissioner Diaz de la Portilla: Within this -- within this pocket item, we want to include some of the bars that Commissioner Carollo was talking about when he addressed that he didn't want bars addressed, but some of the bars that Commissioner Russell was talking about, that are geographic specific, certain areas like the arts and entertainment district that are -- that are venues that are hurting now, that cannot open, that our tourists go to them or young people go to them, but they are people that go out later that are also hurting economically. We need to figure out a way to revitalize our economy. And if any commissioner thinks that it shouldn't happen in their particular district, because like I said, I don't think it should happen in District 1, there's nothing there that needs to be open past 11 o'clock, in my opinion. There's no bars, there's no venue, there's nothing that people flock to. But we do have that in your district, Commissioner Russell. Vice Chair Russell: Yeah. Commissioner Diaz de la Portilla: So I think those businesses are hurting, and they're taxpayers and people that contribute to our economy and perhaps that's something, if you want to, only if you want to, obviously, it's your district, the district you represent, that I would be amenable to allowing, to say okay I will vote to help you revitalize some of those businesses in your district. Vice Chair Russell: Thank you. I'll take that as a motion on your item, PI4. Commissioner Diaz de la Portilla: Yes sir. Vice Chair Russell: I'll second it as the chair and open for discussion. Commissioner Carollo, you'd like to say something? Commissioner Carollo: The problem that we're having is everybody's hurting. Trying to help as many people as we can. But we're not going to be able to help everybody. Not unless you want to be back in another month or so to where we were a month back. And it's going to happen if we have people gathering on top of each other. It's going to happen again. It's not correct that the norm -- the numbers have been going down they've went down but they're creeping up again. We're over five percent again. I don't know what we're at to, we're six or so, Mayor, but -- Vice Chair Russell: I'd like to know. Mr. Manager? Mayor Suarez: I would say that they are creeping up a little bit. Commissioner Diaz de la Portilla: The last three days. Mayor Suarez: No, I'd say so the seven day average is slightly higher than the last seven day average in terms of number of new cases. We actually, on the percent positive, I believe we're still under five percent. I think the two concerns that I had, which I think echo some of what you're saying, Commissioner Carollo, is the schools opening, right? You have 400,000 people, that's the whole size of the city of Miami, City of Miami Page 200 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 all of a sudden getting put into. And then whether we like it or not, the Governor's Order, which obviously opened bars and nightclubs and things that we're not -- we were not yet -- we were not yet there, we're trying to do things a little more methodically and measuring things. On the curfew issue, you know one of the big concerns that I have is, for example, the County Mayor allowed the curfew to be extended for a football game, right? So, you know, it's hard to say to businesses, you know, that you have to have a curfew at 11, but if you're going to a football game, it's okay for it to be later, right? And that creates, you know, potential, not just confusion, but some legal challenges, because what you're saying is for the health and safety of our residents, the curfew has to be 11, except if you're going to go watch a football game, you know? And 1 think that, you know, by the way, 1 have already spoken to the County Mayor and told him that I thought the curfew should be, I mean, obviously, I've been a proponent jor lifting the curfew. But 1 thought that at the very minimum it should be increased by an hour minimum because of the Miami Heat being in the finals. You know, the Heat are in the finals, the game started at nine, almost all of them, it means they end at 11:30, assuming they don't go into overtime. So, if people are just going to somebody's house, right, to watch the game, technically they'd have to leave in like middle of the third quarter to make it home on time. So, you know, I discussed that with him. He told me he was going to consider it, I guess because of the Governor's Order or for some other reason, he decided not to do it. But, you know, that was the last conversation that 1 had with him about it. Commissioner Reyes: You know, I think that the curfew should be extended. I mean, if we are going to, 1 mean, it cannot be 10 o'clock, 11 o'clock. And I'm going to refer -- I'm going to refer to what Alex --1 mean Commissioner Diaz de la Portilla said, that third seating in the restaurants, it's very important you see, and we are impeding people, 1 mean restaurants, to obtain additional revenue by serving additional patrons. And at 12 o'clock, it's -- I mean, if you extend it to 12 o'clock, it's nothing that's going to give you anymore, I mean, so much leverage. And there are certain restaurants that they work until late, and why don't we extend it to 1 o'clock at night? Because I do agree -- Commissioner Diaz de la Portilla: I'm amenable to that. Commissioner Reyes: Well, I do agree -- I do agree that there is no difference between 11 o'clock and 12 o'clock. Mayor Suarez: If I could just jump in real quick and say, because I do think this is important. I do think you can do it if there's a rational basis, by districts, in other words, or by areas, right? Like if you say there's a particular area, Downtown, Wvnwood -- Commissioner Diaz de la Portilla: Of course. Mayor Suarez: -- entertainment district, those are areas where you can, you know, do that. Just like you -- just like if the County Mayor's Order on the curfew was legal vis- a-vis the Miami Hurricanes game, right? If they could -- if it could be 11 o'clock, but oh, well, during a Hurricanes game, it could be later, then I think the same applies. We can create a rational basis for saying, look, there are certain areas where we think the curfew should be extended. Commissioner Reyes: Even within areas, Mayor, with all due respect, you see I have restaurants, you see like, for example, 27th and 8th, which is mainly that it's a little Dominican restaurant, that they have some -- I mean, some performers there, they go and -- Commissioner Diaz de la Portilla: They have music, they go till one in the morning. City of Miami Page 201 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Reyes: They go to one in the morning. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Yeah. Commissioner Reyes: That's right. And what I'm going to do, I'm just going to carve them, you see, carve them and say, well then if you pass 20 -- 37th avenue, then you -- Mayor Suarez: Listen. I get it. And I'm just saying that if the will of the Commission was to do it in a segmented way, I still think that that could be considered a rational basis, particularly in the fact that -- Commissioner Reyes: You can extend it by saying that they have -- Commissioner Carollo: Well -- Commissioner Diaz de la Portilla: Look, for example, for example. Vice Chair Russell: One at a time, please. Commissioner Diaz de la Portilla: I want the city of Miami to, I don't want people to go to restaurants in Broward County. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: I want them to go -- 1 want them to go into Coconut Grove, I want them to go to the arts and entertainment district in Downtown Miami. They don't have to go to Allapattah. They don't have to go to my district. I will not -- I don't want it in my district. I think we don't need to have it there. But that we have people stay in our city to generate revenue for our city and people that can, you know, I'm okay with that. And so if the commissioner that was duly elected from that district decides that this is what I want, what I think is good for my community, and you say, I want it in District 2, and I want it in District 4, I want it in District 1, or not, we have that option, and we have -- there's a rational basis for, I think, at least in District 2, there's a rational basis. Because you know, Commissioner Russell, you have the best parks, the best restaurants, the best clubs, the best everything. Your district is everything, right? It's the beauty of Miami, right, where all the wealth is. That's why earlier today we were talking about the CDBG (Community Development Block Grant) funding, I said, no, you should give some of that money to us for the poor kids in our parks. But -- so you have all good things happening in your district that generate dollars. And what happens in your district, the tax base that increase, that the monies that are generated in your district help the rest of the city of Miami. So, the more we can do there, the more I would want to do if you're amenable to it. I want your restaurants and your bars to be open in Coconut Grove, and in Downtown Miami, and in the arts and entertainment district and in Wynwood and areas like that so that we can generate more dollars or more tax revenue for the rest of the city, the poor area -- parts of Miami. I don't think we need to have it everywhere because there is a health concern, but I do think that in your district, it's just a natural thing for it to happen there. Vice Chair Russell: Thank you. I appreciate it. I must disagree a little bit though, because when I won my race in November, I had my celebration party in your district at Mianii Smokers. Commissioner Diaz de la Portilla: Yeah, wow. You know, we do have -- we have some hidden gems. You're not supposed to know about that place, by the way. They let you in there? Vice Chair Russell: It was amazing. City of Miami Page 202 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: Did you bring your passport? Vice Chair Russell: I said you sent me. Commissioner Diaz de la Portilla: Did you bring your passport? Vice Chair Russell: I gave your name. I said you sent me there. Commissioner Carollo: That's why they charge you double, right? Commissioner Diaz de la Portilla: Of course. Vice Chair Russell: Place isn't cheap. All right, so we have a motion. Now, are there any specific amendments that are being placed on this? Because we've talked about a couple of things, and I am certainly open to carving out D2 (District 2). And, Madam City Attorney, I would justify that by the natural borders of D2 are the roads that actually have the most densest activity on them, you know, whether it's Miami Avenue and US -I, it goes right up to the MiMo (Miami Modern) District. So, the Coconut Grove Business Improvement District up to the MiMo district, very active businesses that rely on nighttime business. So, if that's amenable to the Commission, I'm happy to carve this portion out, allowing fbr the no curfew. Because I simply don't believe in the curfew to start with. But 1 want to be cooperative with other commissioners so they protect their districts in the best way possible. So what is the will of this commission? Commissioner Reyes: I am going to be very honest with you (INAUDIBLE) more confusion about what it is if we start carving. Arthur Noriega (City Manager): Yeah. Vice Chair Russell: I couldn't hear. Commissioner Reyes: Either we do it or we don't do it. Either -- Commissioner Carollo: If I may, look -- Commissioner Reyes: -- I mean -- Commissioner Carollo: -- this conversation started that we were talking about midnight. Commissioner Reyes: Yeah. Commissioner Carollo: I think we're getting ahead of ourselves by jumping right into one -- one in the morning. Commissioner Reyes: Again, I just -- Commissioner Carollo: Wait -- Commissioner Reyes: -- (INAUDIBLE). Commissioner Carollo: -- maybe until the next Commission meeting. Commissioner Reyes: Maybe (INAUDIBLE) -- City of Miami Page 203 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Carollo: Put it up to midnight. Wait until the next Commission meeting before we bring it up until one or whatever other time. Commissioner Reyes: That's fine. Commissioner Carollo: Because my concern is that you know where everybody's going to come to if they get COVID? It's not Broward, Monroe, it's going to be our hospitals in the city of Miami. Commissioner Diaz de la Portilla: Jackson. Commissioner Carollo: And gentlemen, this is serious. We're not over this hump yet, by far, by far, and 1 know we want to try to help the community open up as much as we can but if we're going to do so much, you know, we might be hurting the community more than helping them because we're going to give them a little air, additional air, for a few more weeks, and then we're going to have to come right back and close that off So, I -- Commissioner Reyes: Let's extend it -- Vice Chair Russell: So I agree with that, butt disagree that a curfew is what's causing the higher numbers. Commissioner Reyes: No. Vice Chair Russell: And the legislation currently has not been amended. So right now the legislation as it stands is to simply not enforce any curfew at all. Unidentified Speaker: Right. Vice Chair Russell: Right? So, I'd like to know the direction of this body. If there's a reason your district should not be included in this carve out -- in this lifting of the curfew, we want to respect that. Commissioner Carollo: What are we voting on? Vice Chair Russell: We're voting on -- Commissioner Diaz de la Portilla: My proposal, it's my proposal. If I may, Mr. Chair. Vice Chair Russell: Yes, PI.4 has been moved and seconded. It is basically directing the Manager not to enforce the curfew in the city. So basically to lift the curfew in the city of Miami. Commissioner Diaz de la Portilla: Correct. There's no time. Vice Chair Russell .• Correct. Commissioner Diaz de la Portilla: We never talked about 12 or 1. We had a debate about it, but the actual item was only about lifting it. The amendment, I think that you -- I don't know if you're going to proffer it, Commissioner Russell. Vice Chair Russell: I don't need an amendment if it's citywide so. Commissioner Reyes: Yeah, that's the problem. Vice Chair Russell: Your current legislation is citywide and I'm fine with it. City of Miami Page 204 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: No, no, no, but we want to be careful, because we are not talking about bars, ling the curfew for bars. Commissioner Reyes: I thought you were. Commissioner Diaz de la Portilla: Only for -- Vice Chair Russell: That's not our -- Commissioner Carollo: Bars, taverns, beerhouses, nightclubs, strip clubs, and other adult entertainment establishments. Commissioner Diaz de la Portilla: Correct, Commissioner -- Vice Chair Russell: You brought that amendment on a separate item. So, if you'd like to bring that amendment on this item as well, we need to add it as an amendment. Commissioner Diaz de la Portilla: Right, so the carve out for all the things that Commissioner Carollo listed right now, they're okay in your district, in District 2, but the other commissioners don't want it, including me, don't want it in their districts. So it only applies to District 2. Vice Chair Russell: Alright, so it would be a lifting of the curfew citywide except for bars, nightclubs, et cetera, other than District 2. Commissioner Diaz de la Portilla: Correct. Vice Chair Russell: Got it. Commissioner Diaz de la Portilla: That's it. Vice Chair Russell: Does the mover and seconder accept those amendments? Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: Yes. Vice Chair Russell: And the seconder. Mr. Manor, you have a question. Mayor Suarez: I just want to make sure that I understand because I'm sure I know that I can see Art's face and I think he's struggling to make sure that we understand it. I just want to make, i f you could just repeat it just so that -- Vice Chair Russell: I'll make it, I'll make it very simple. So in District 2, there will be just no curfew whatsoever, period. Mayor Suarez: Okay, got it. Vice Chair Russell: In the remainder of the city, there will be no curfew except for bars, nightclubs, and strip clubs. Mayor Suarez: Got it. Commissioner Diaz de la Portilla: And the list -- everything that Commissioner Carollo -- Vice Chair Russell: Expressly listed under Commissioner Carollo's amendment. City of Miami Page 205 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Reyes: But with all due respect, we are creating more confusion. If we are not going to allow, 1 mean, lift of the curfew for bars, nightclubs, and strip joints and all that, then 1 don't think that we should lift it -- to the curfew, and we have to do it citywide. 1 mean -- Commissioner Diaz de la Portilla: But -- but -- hut -- Commissioner Reyes: -- we are doing it specifically, but we are criticizing -- we are criticizing that there is some set of rules in Broward County. There's another set of rules for Miami -- I mean for Dade County, there's a set of rules for Coral Gables. There's another set of rules. Our population is being totally confused, you see? Commissioner Diaz de la Portilla: But every commissioner has a right because they're doing their -- Commissioner Reyes: I do understand, sir, but what I'm saying is -- Commissioner Diaz de la Portilla: Do you want to include District 4? Commissioner Reyes: No. Listen, I don't want to include District 4. But what I'm saying is that by having -- I mean by totally lifting the curfew in this one of the districts, we are creating a lot of confusion. Commissioner Diaz de la Portilla: No, no, we're lifting the curfew everywhere. Commissioner Reyes: Everywhere. Commissioner Diaz de la Portilla: Except for bars -- Commissioner Reyes: Bars and all of that. Commissioner Diaz de la Portilla: In District 2 -- Commissioner Reyes: The restriction. Commissioner Diaz de la Portilla: -- in other districts. Commissioner Reyes: What I'm saying is, if we are going to -- I mean the -- it's not going to be enforced in District 2, it shouldn't be enforced in any other place. Or it should be -- it should bee also applied to District 2. That's what I'm saying. I'm saying that -- I mean -- Vice Chair Russell: Commissioner Reyes. Commissioner Diaz de la Portilla: Well I want to respect -- I want to respect every individual commissioner's right to make a determination of what's good for his district because they're duly elected to their particular districts. Commissioner Reyes: Yes. Yes -- Commissioner Diaz de la Portilla: And they're all different. I know my district is dramatically different than Commissioner -- Commissioner Reyes: And mine too. Commissioner Diaz de la Portilla: There are no clubs and bars in my district that should be operating at one in the morning. If they're operating, they're probably operating illegally. That's a different conversation. There are no -- there are no -- I City of Miami Page 206 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 don't need to he doing that in my district, but I understand how our tax revenue could he increased if in a district where all the clubs and all the bars open at 11 o'clock at night -- Commissioner Reyes: And how about Wynwood? Commissioner Diaz de la Portilla: -- with dollars coming for our city. Look, I want to generate dollars for our city. People are not going to spend money, people are not going to go at 1 o'clock in the morning to Allapattah, Don Toston, to spend money. They're going to go to Komodo, they're going to go to other clubs in Downtown Miami, and they're going to spend a lot of money, and it's going to generate a lot of money and jobs for our citizens. I get that. I know that there are venues that people go to at 12 or 1 o'clock in the morning, there are venues you go to at 6 o'clock at night. Commissioner Reyes: Yes, I do understand. Commissioner Diaz de la Portilla: Miami is very diverse, very different. Different parts of Miami are different. I think the same -- Commissioner Reyes: How about Wynwood? Commissioner Diaz de la Portilla: -- with kind of the rationale that I use for scooters Commissioner Carollo: Have we -- Commissioner Diaz de la Portilla: -- (UNINTELLIGIBLE). Vice Chair Russell: One at a time please. Commissioner Diaz de la Portilla. Commissioner Carollo: Have we gotten -- Vice Chair Russell: Just -- just -- Commissioner Carollo: -- any advice from any of the experts that we've gone to, to see what they tell us? Commissioner Reyes: Yeah. Vice Chair Russell: Who are you asking, Commissioner Carollo? Commissioner Carollo: I'm asking everybody. Mr. Noriega: The mayor, I believe. Commissioner Carollo: The mayor, because I'm a realist -- (MULTIPLE PARTIES SPEAKING IN UNISON) Vice Chair Russell: We're all talking over each other, please. Commissioner Carollo: I'm extremely non partisan in this issue. I want to hear from the experts, because what I've seen already is not pretty. By Sunday, if not Monday at the latest, we're going to be hitting 175,000 confirmed COVID cases. I guarantee you there's probably twice that many of people that got it and didn't report it, or didn't even know they had it. We're going to be hitting, maybe by Monday, but certainly sometime next week, 3,500 deaths in Miami -Dade County. I don't want to contribute City of Miami Page 207 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 any more to that. Yes, I want to open up, the restaurants are a little different even though -- Commissioner Reyes: Absolutely. Commissioner Carollo: -- still very dangerous, but it's different. But all the alcohol establishments that I've described, these are places that people are going to go just to drink. No matter if they tell you they serve croquetas or whatever they want to say they serve, they're going to be going to drink, being on top of each other. And the minute you have that much alcohol, no real food in your stomach, you forget about everything. You see a pretty girl, there's a girl who sees a nice -looking guy, they want to get closer. And the more you drink -- Commissioner Diaz de la Portilla: And what's wrong with that? Commissioner Carollo: That's all fine. But you know what? If we're going to have our hospitals full of people that are sick because of that just so that a very few can make money, I'm sorry. Commissioner Reyes: What are we doing? Commissioner Carollo: One thing, when you look at something that is going to be a lot of people that are going to be able to make dollars, I'll throw the dice at that. But, you know, what we're talking about all these kinds of establishments, these are the most dangerous establishments and if we're going to let it go all night, you know I suggest we get, you know, some advice from the experts that we've been going through in the past. Vice Chair Russell: Thank you. Mr. Mayor, you're recognized. Mayor Suarez: Thank you, yeah. And look, I would agree with a few things that Commissioner Carollo has said. First, I would agree, and he and I spoke about this afier the last meeting that I had with the Coronavirus Task Force and also with our experts. We're definitely not out of the woods. That is 100 percent correct. We are -- you know, we are obviously two to three weeks from knowing exactly what the governor's order and what the opening of schools, how that's going to impact us. So that is true. Trying to reconcile what everybody's saying. I think, you know, what Commissioner Reyes is saying makes a lot of sense. It would be great to be able to just do it in a uniform fashion, right? Maybe the way to do it then is to go back to Commissioner Carollo's suggestion and just say, let's do it to midnight for two weeks. Commissioner Reyes: Absolutely, okay. Mayor Suarez: Right? Commissioner Reyes: (UNINTELLIGIBLE). Mayor Suarez: And then in two weeks, in the next Commission meeting, or even in a week, we can even say, look, in a week, ifthe cases have not gone up significantly, we can do it to one, so we can do it on a week by week basis. You know, and I think that - - but I personally, personally do not believe in the curfew. I agree with Commissioner Russell and Commissioner Diaz de la Portilla in that I haven't seen any evidence that the curfew per se is what's contributing to the number of cases. I think what could happen is that ifthe cases do go up in the next two weeks, someone could try to blame us even though we're not the contributing factor, right? In other words, a contributing factor is probably the schools and the order, the governor's order, and of course, the inability or what appeared to be the inability to fine .for masks, which has sort of been reimposed, but not exactly. And I think there's been a diminishment on that. So listen, City of Miami Page 208 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 I'm just trying to reconcile what everybody's saying here to try to find some coherent way out of this so that the Manager has direction and can do whatever it is that you all want him to do. Vice Chair Russell: Well, that is an option and I don't believe it's the hours that cause the greater infection. I think it's the behavior of those who are out at those later hours that could cause the infection. Mayor Suarez: Of course. Commissioner Diaz de la Portilla: Well -- well -- well -- Mayor Suarez. Let me just add one thing before Commissioner Diaz de la Portilla. The Governor's Order, while it opens all bars and nightclubs and all of the establishments that Commissioner Carollo referenced, it does not prohibit the County from regulating those -- those organizations or those businesses. So for example, if you're in a nightclub and you want to dance, you have to be wearing a mask. That is part of the County Order and I think that complies with the State. Vice Chair Russell: But the State led the curfew statewide though, correct? There is no curfew. Mayor Suarez: Correct. Commissioner Diaz de la Portilla: There is no curfew. Mayor Suarez: Correct. Vice Chair Russell: The county implemented this curfew. Mayor Suarez: But -- that's right -- Vice Chair Russell: (UNINTELLIGIBLE). Mayor Suarez: But the point I'm trying to make is that the County did implement some rules that are legitimate rules in bars, nightclubs. So there are table rules, there are distancing rules, there's mask rules if you're dancing. So that theoretical couple that meets in one of these places, they're both going to be wearing a mask, presumably. So Vice Chair Russell: Wait, let me finish. The curfew as the State has led the curfew completely, the County's kept it in, and in addition, they've kept these rules. I do not believe it's the curfew that creates the additional infection. It's whether or not the rules are enforced that creates the additional infection. Commissioner Diaz de la Portilla: Of course, of course. Vice Chair Russell: And so my point is, and the reason I'm trying to find some comfort in this, I've been reaching out to some of those clubs that I know where it can get bad if they do not enforce rules. And I've been provided from one, a 30 page document, which is their set of rules for behavior on how their customers and their staff must act throughout, whether it's 11 p.m. or 2 a.m. And if they enforce those rules, I have comfort in it, but it's all about enforcement. And so we are going to have to -- if we're going to allow for this later curfew, Art, I'm going to need your help, and with Code, I'm going to need your help. There's going to need to be inspections with regard to the rules. And it'll be up to those establishments, just like we've asked the restaurants and we've cracked down on when they did not comply, we have to be willing to hold to that or exactly what Commissioner Carollo was saying is going to happen. We are City of Miami Page 209 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 going to have an incredible spike and it will he based on had behavior, not on ours, hut had behavior. And so 1 -- I'm open to this. I'm open to lifting the curfew completely, or whether you want to step it up over the weeks, either one. 1 just need help with enforcement. Commissioner Reyes: (UNINTELLIGIBLE). Mr. Noriega: Can I talk (UNINTELLIGIBLE) -- Vice Chair Russell: Commissioner Reyes, you're recognized, and then Art. Commissioner Reyes: Why don't we do one thing? You see, let's -- let's be logical about this. Why don't we give it a try? A try, just as Commissioner Carollo said, and the Mayor. Well, let's give it a try. Let's lift it, I mean, raise it to midnight. And two weeks from now, we come back in the next Commission meeting, and we'll look at all the data and see what happened. And then maybe we take it from there. We'll do it for three weeks. My main concern when we first -- and that's why I support Commissioner Diaz de la Portilla wholeheartedly was because we were helping those restaurants and small restaurants. Now, I believe that the mayor -- I mean, the culprit of the increase in new cases is because people are not following the protocol. And we don't have to go to a bar at 4 o'clock in the morning or 3 o'clock in the morning or 2 o'clock in the morning. I'm going to tell you, just come here to places where people, they used to walk and to jog and you're going to see that nobody is wearing a mask. You see people that they -- and I've witnessed that, people that are in bicycles, there are four or five people that they are bicycling together, none of them has a mask. And there has been, I think, a COVID fatigue and people are saying that they are -- what they're doing is they're saying, okay, I'm not going to get this, you see? And 1 don't want to wear a mask because I don't want to. And that is the biggest problem, more than -- 10 more people going to a restaurant, or having a curfew until 12 at night, you see. That's the biggest problem right now. Commissioner Diaz de la Portilla: Are you willing to do 1 o'clock, Commissioner? 1 o'clock for starters? 1 in the morning? Commissioner Reyes: Let's go to 12 o'clock at night. I mean -- Commissioner Diaz de la Portilla: How about 12:30? Commissioner Reyes: Let's go to 12:30. I mean, let's do it, and let's do it gradually. And you know what we could do? We could see how it goes and test the waters. Test the waters. Vice Chair Russell: All right, before we go to the amendment though, I just want to get the last comments out of the way, Mr. Mayor. and then definitely Art is -- Mayor Suarez: Just one thing, and maybe this is a way to make this a science -based decision, is we could do one, we can go to one, and if at any point now in the next commission meeting the percent positive exceeds 5 percent, we can go back to 12 or to 11, whatever this body decides. We can start at one which gives restaurants the ability to serve food later. And then if we meet a threshold, right, if the percent positive goes above five percent, at any point, that triggers going back down to midnight until the next Commission meeting. Commissioner Reyes: And we let -- (MULTIPLE PARTIES SPEAKING IN UNISON) Mayor Suarez: Is that fair? City of Miami Page 210 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Carollo: Gentlemen, I'm going to be very, very straightforward. 1 will go to 12 with a lot of concerns. I'm not going to one. Not until we see what happens. I spoke to Dr. Marty, you know, not that long ago. And she was in shock in seeing some of the things that were going on. I know if I call her today and discuss this with her, I know what her answer is going to be. You can call any of the other experts. We're doing this, you know, throwing it out like we're, you know, doing something totally different than what we're really doing. We're playing with people's lives. Commissioner Reyes: Yeah. Commissioner Carollo: You know, this is what we're doing. We're playing with people's lives. Commissioner Reyes: Well. Commissioner Carollo: Maybe you're immune to this, Commissioner. Maybe other people are. But some, some are not -- Commissioner Reyes: No, I'm not. Commissioner Diaz de la Portilla: No, no, no, no -- Commissioner Carollo: -- some are not. Commissioner Diaz de la Portilla: -- but I'm worried, about I'm worried about the economic health of our city. Vice Chair Russell: Everybody -- Commissioner Diaz de la Portilla: I'm worried about the economic health of our city. Commissioner Carollo: But this isn't going to solve the economic health. Commissioner Diaz de la Portilla: It's going to help. Commissioner Carollo: We've accomplished with the restaurants -- Vice Chair Russell: Stop, everybody -- Commissioner Carollo: -- what you were looking for. Vice Chair Russell: Commissioner Carollo, please. Commissioner Carollo: -- we've given the restaurants a big boost. Vice Chair Russell .• Please. Commissioner Carollo: But beyond that, we're going into dangerous territory that the city is not going to cave in if we wait two more weeks, bring it to midnight and take it from there. Commissioner Diaz de la Portilla: Okay. Commissioner Carollo: And this is what I'm seeing here. We're just making decisions without -- City of Miami Page 211 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Vice Chair Russell: We're hanging on hours. I'd like to break, for a second. I'd like to hear from our Manager, and then we will settle on whatever amendment has consensus amongst this group. 1 know that Commissioner Diaz de la Portilla did not bring this to split us up and cause us to have disagreement on this. 1 think we're going to find -- Commissioner Reyes: I'm okay with 12. Commissioner Reyes: Me too. Commissioner Diaz de la Portilla: Chairman, I'm okay with 12. I'm okay with 12. Vice Chair Russell: Let's just, we'll get to that. 1'd like to hear from the City Manager Commissioner Diaz de la Portilla: No, but we're there already and I'm okay with 12, and Commissioner Carollo is okay with 12, and Commissioner Reyes is okay with 12. Commissioner Carollo: I would vote for 12. Vice Chair Russell: I would like to hear from the City Manager before we vote. Mayor Suarez: Listen, listen, guys, I'm okay with 12.1 think -- I think. Commissioner Diaz de la Portilla: Yeah, it's easy, Commissioner Russell. We're okay with 12. Vice Chair Russell: I'm trying to conduct the meeting in an orderly fashion. Everyone's talking around each other like a knitting circle. Commissioner Diaz de la Portilla: No, we're not, no, we're not. We're having a friendly conversation amongst friends. We're all okay with 12:00. Vice Chair Russell: And the Manager has not gotten a word in for the last half hour, and he's waiting. Commissioner Diaz de la Portilla: That's not entirely a bad thing though. Sorry. Vice Chair Russell: Mr. Noriega, you have the floor, uninterrupted. Commissioner Carollo: The manager is being a smart manager right now. Mr. Noriega: Wow, man, that was -- Vice Chair Russell: Art, Art, give us your best Kamala Harris face and go. Mr. Noriega: No, look, Pm going to be short and sweet just for clarity purposes, right? So if you raise the curfew to 12, it still creates an exemption for bars, nightclubs, strip clubs and all that. Like they don't get that same curfew in every other district but district -- Commissioner Diaz de la Portilla: In District Two. Mayor Suarez: It's going to be 12 across the board I think is what Commissioner Carollo is saying. Mr. Noriega: No. City of Miami Page 212 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Mayor Suarez: 12 across the board. Commissioner Carollo: The same thing Commissioner Reyes said. Mayor Suarez: Right. Commissioner Carollo: And I don't think Commissioner Diaz de la Portilla would disagree with that. Look, it is very difficult -- Mr. Noriega: Across the board, no exception. Commissioner Carollo: -- one city. Mayor Suarez: Correct. Commissioner Carollo: And if it's not enough, you try to figure between one city or another (UNINTELLIGIBLE). Mr. Noriega: I just wanted clarity. I wanted to understand that we weren't creating a carve out with those businesses under a separate set of rules, right? It's a 12 o'clock across the city. Commissioner Carollo: That's right. All businesses. Mayor Suarez: And let me just say this because 1 want to support something that Commissioner Carollo has said, and 1 want to reiterate it if may, Mr. Chair. One of them is, we're not out of the woods yet. Absolutely, he's absolutely correct. Commissioner Reyes: No we're not. Mayor Suarez: And the second thing that I would say is, if you ask the experts, they probably would prefer the more prudent path, which is what he's suggesting, which is to go to 12 as opposed to something more. Commissioner Reyes: (UNINTELLIGIBLE). Mayor Suarez: So, I would agree with that too. I think, if you ask the experts, they don't want any movement, obviously on anything, because their job, and this is what I always say about the difficulty with this is there's a delicate balance between what an - - you know, what an epidemiologist is going to tell you, which is the most conservative thing always, because their job is to prevent any spread versus, you know, the issues related to our economy and how that's impacted by all these decisions, which also affects lives. You know, it affects people's livelihoods. So I think - - I think doing it this way, it's certainly now during the Heat playoffs as well, which begin at 9:00, don't end until 11:30. I think that gives some relief And then we can study it over the next couple of weeks, Commissioner, and we'll see where we're at in two weeks. Mr. Noriega: Wait, wait, wait, wait, I just got thrown a curveball here. So, George, can you reiterate to the group what you just said to me because this is -- George Wysong (Assistant City Attorney, Supervisor): So, here's -- I have a question actually. Since the City doesn't have a curfew, right? Mayor Suarez: Correct. City of Miami Page 213 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Mr. Wysong: We -- this motion was to not enforce the County's curfew. So, there's really no way to extend or delete from the time of the curfew because we don't have a curfew. Vice Chair Russell: Unless we're creating one. Mr. Wysong: Right, exactly. So, I don't know if you guys want to go into the adventure of creating a new curfew just for the city would be my question. Mayor Suarez: Can I just say, George, can't the City Commission direct the Manager not to enforce until a certain time? I mean, it's a directive. Mr. Wysong: Yeah, I guess you could say that -- Victoria Mendez (City Attorney): You could, you can. Mayor Suarez: Of course, it's a directive to the -- Ms. Mendez: That's what -- right. That's -- he just wanted to clam that you understood that we're basically -- Vice Chair Russell: (UNINTELLIGIBLE) curfew. Mayor Suarez: By the way, 1 also want to say, to be clear, that the County still has a right, if they think the curfew is legal, which there's some doubt as to whether the curfew is legal under the Governor's Executive Order, but the County theoretically has a right to enforce the curfew, which is why I've always said that, you know, they should be using their resources, not us using ours, with the CARES (Coronavirus Aid, Relief and Economic Security) money that they got from the federal government that they've never given us. Commissioner Reyes: Okay. Commissioner Carollo: They'll probably use at least a million of that CARES money to look for Diaz de la Portilla if he violated it. Mayor Suarez: Probably. Commissioner Carollo: Carlito will be the one leading the charge. I'll use the next million for you and then another million for me. Commissioner Reyes: Let -- let's give the directive to the Manager to enforce the -- at 12 o'clock, start enforcing the curfew. I mean, look the other way until up to 12 o'clock at night, if we are going to enforce the curfew. Vice Chair Russell: All right, Commissioner Diaz de la Portilla, that's a requested amendment to change your resolution. Commissioner Diaz de la Portilla: That's fine. Absolutely. I want to come back in two weeks and see what the data shows -- Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: -- the health data shows. I want to get rid of the curfew. I think -- Commissioner Carollo: We all do, we all want to get rid of it. City of Miami Page 214 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: Because -- Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: -- I mean, I strongly believe that our economic health matters. Commissioner Reyes: It does. Commissioner Diaz de la Portilla: And I'm telling you that you're right. Two weeks is not going to natter, but then that was six months, it's been seven months. It continues. We have to reopen. We have to do it carefully, but we have to reopen. There's no difference. I'll give you a good example. All the criticism of the Donald Trump event at the Rose Garden, that was at 2 o'clock in the afternoon. It doesn't matter what time you're out and about. It could be one in the morning, it could be two in the afternoon. You can still get COVID-19 no matter where you are and what time. Commissioner Carollo: Absolutely. Commissioner Diaz de la Portilla: So to me, the hours is an arbitrary, number that was put there and limitations put there that makes no scientific, intellectual sense to me. Vice Chair Russell: (INAUDIBLE). Commissioner Carollo: Well no, you're right in what you're saying. However -- Vice Chair Russell: Mr. Mayor, Commissioner Carollo. Commissioner Carollo: What it does do is -- Vice Chair Russell: Mayor you're recognized, and then Commissioner Carollo. Mayor Suarez: (INAUDIBLE). Commissioner Carollo: -- right now in this situation -- Vice Chair Russell: Mr. Mayor, you're recognized. Mayor Suarez: I yield, I yield. Commissioner Carollo: -- we're still having 400 plus, 500 people still each day in Miami -Dade reporting. What it does is that if the places that are the most dangerous, we're going to keep them open much more longer than we have, then we're increasing that possibility of more people getting it, but you're right, scientifically, you could get it at any hour of the day or night. Commissioner Diaz de la Portilla: It could be at a family -- Commissioner Carollo: -- reducing the possibilities. Commissioner Diaz de la Portilla: It could be at a -- No, we're not. No, we're not. It could be at a family barbecue, Commissioner Russell, if I may. It could be at a family barbecue at 12 o'clock in the afternoon. There is no scientific evidence. Commissioner Carollo: Absolutely. Absolutely. All you need is one person -- City of Miami Page 215 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: There's no scientific evidence that it happened at two in the morning. Vice Chair Russell: Alright. Commissioner Reyes: Two weeks. Commissioner Carollo: -- (UNINTELLIGIBLE) that was infected and nobody cleaned it when it got to the house. Commissioner Reyes: Two weeks, two weeks, two weeks we'll come back and look at it. Vice Chair Russell: (UNINTELLIGIBLE) I'm going to hit my computer. I'm going to hit my computer and it's going to break it. Commissioner Diaz de la Portilla: Let me tell you something, Commissioner Russell, you are not good with power, okay? Vice Chair Russell: I'm not trying to -- Commissioner Diaz de la Portilla: You are, you're raising your little gavel. Vice Chair Russell: No, no, no, no. Commissioner Diaz de la Portilla: We're having a normal friendly conversation, come on. Vice Chair Russell: Commissioner. Commissioner. Commissioner. We could have been out of here by noon today if we ran this meeting orderly. Commissioner Diaz de la Portilla: No, no, no, no. We're having an important conversation. Vice Chair Russell: I believe I'm a very orderly person who likes to get things done. We've been talking so much over each other and repeating it so many times. Commissioner Diaz de la Portilla: But that's good, but that's good. You're hungry. Vice Chair Russell: I'm just, oh my God, I'm hangry. I'm just trying to recognize one person at a time, get some amendments, get a vote, and get out of here. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Let's do it. Commissioner Diaz de la Portilla: Fair enough. Vice Chair Russell: Mr. Manor, you're recognized. Mayor Suarez: Listen, I just want you to call the question, but I'll tell you that this is not being -- the other cities in Dade County, I know this from businesses that are calling me throughout the county, they're not enforcing the curfew. There are people that are open until 5 o'clock in the morning and later. And so I just wanted to put that on the record because I personally called -- Unidentified Speaker: (UNINTELLIGIBLE). City of Miami Page 216 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Mayor Suarez: -- yeah, I personally called the mayor of Doral, I personally called the mayor of Miami Gardens asking them -- Commissioner Reyes: Hialeah. Mayor Suarez: -- yeah, asking them to please, either we all enforce the curfew or none of us enforce the curfew. Because the other part is that it's also unfair, you know, if businesses in other parts of even Dade County are not enforcing it. So, I just wanted to put that on the record. Please call the question and take the vote. Vice Chair Russell: Commissioner Diaz de la Portilla, this is your item. Which amendment are you willing to accept? Commissioner Diaz de la Portilla: 1 think we we've agreed to the 12 o'clock. There's no -- across the board, across the city, we're not doing any carve -outs for any particular district now. We may do it in two weeks, or we may do a complete elimination of the curfew in two weeks when we come back. But right now, it's only to extend the curfew or limit the curfew till midnight. So it gives bars, it gives our restaurants and other establishments at least till 1 o'clock -- till 12 o'clock to operate. Vice Chair Russell: Understood. So seconder agrees. Mr. Manager please place the discussion item on the agenda for two weeks from now to assess and look at this again. Because 1 — the businesses in my district do not need a curfew. I just need enforcement of the rules. And this is the thumping heartbeat of this economic city. So we have a motion, we have a second, we have an amendment. Is there any further discussion? Commissioner Carollo: Yes — Vice Chair Russell: Commissioner Carollo, you're recognized. Commissioner Carollo: -- you're sounding more and more like Vice President Pence. Congratulations. Mr. Noriega: Can I make a point, Mr. Chair? I just want to kind of put on the record that Commissioner Diaz de la Portilla now has made it impossible for me to have dinner two nights in a row. I just want to point that out. Commissioner Diaz de la Portilla: That's true. Mr. Noriega: Since he made the comment about — since we addressed the issue of being hangry, which I'm not yet, but — Commissioner Diaz de la Portilla: I didn't know you had an internal curfew. You have an internal curfew? Mr. Noriega: I have an internal hunger, yes, (UNINTELLIGIBLE) — Commissioner Diaz de la Portilla: -- I'm sorry — Mr. Noriega: -- the curfew by the way. Mayor Suarez: Is this the last item? Mr. Noriega: No. Vice Chair Russell: We got a ways to go, we have — City of Miami Page 217 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Mr. Noriega: That's not the last item by the way. Commissioner Reyes: Come on. Let's get it over with. Commissioner Diaz de la Portilla: Mayor, you're not going to go away. You're sticking with us the whole night okay. Mayor Suarez: I have to leave right now in about five minutes. Commissioner Reyes: Hey, listen, Mayor, Mayor, Mayor stay, you know, and Diaz de la Portilla is going to buy you dinner. Mayor Suarez: Now we're talking. Mr. Noriega: Wow. Vice Chair Russell: There's only two hours until everything closes. Commissioner Reyes: Yes, he told me. He told me he was going to buy you dinner. Mayor Suarez: I'm not going to eat — Ms. Mendez: From Komodo. Commissioner Diaz de la Portilla: Komodo. Commissioner Reyes: You can pick the restaurant. You pick the restaurant. Commissioner Diaz de la Portilla: We have — look, look, the mayor and I have Paris, and now we're going to have Komodo next week. That's a private thing between he and I. It does not involve anybody else in this conversation, okay? All right, Mayor? Mayor Suarez: Listen, but according to Commissioner Reyes, Commissioner Carollo is my favorite, and he's in the doghouse. Commissioner Reyes: No, I'm in the doghouse — Commissioner Diaz de la Portilla: I heard that, yeah. What's going on with Manny? Commissioner Reyes: Hev, I don't get calls. Commissioner Reyes, what do you think about this? I learn either by the press or at the Commission meeting. Commissioner Diaz de la Portilla: You're way too sensitive, Commissioner. Commissioner Carollo: The only thing Tin going to tell you — Commissioner Reyes: You know, I cannot go to sleep thinking about that. Commissioner Diaz de la Portilla: I know, I know. Commissioner Carollo: The only thing I will tell all of you is I don't kiss and tell. Vice Chair Russell: What happens in Shangri-La stays in Shangri-La. Commissioner Diaz de la Portilla: Exactly. Vice Chair Russell: All right, all in favor of the item, say "aye." City of Miami Page 218 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 NA.5 8028 City Commission The Commission (Collectively): Aye. Vice Chair Russell: All opposed? Motion passes as amended. Thank you very much. That's PI.4. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A SPECIAL CITY COMMISSION MEETING ON MONDAY, NOVEMBER 16, 2020 AT 10:00 A.M. TO TAKE ANY AND ALL ACTIONS IN RELATION TO VIRGINIA KEY MARINA. ENACTMENT NUMBER: R-20-0324 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Carollo, Reyes Commissioner Reyes: Commissioners, I'm looking at the November -- I mean, all the dates in November, and information that we have received from the City Clerk has to be, if we're going to meet, it has to be before the 18'h, and so Mr. Hardemon could participate. And we have all dates, I mean, from November 2 all the way to November 16, all those days are taken away -- Th and 14th, which are holidays -- I mean that they are Sundays. And which date will you all agree on being -- I mean, that you know that you're going to be here and you will be available? Commissioner Carollo: November 17. Commissioner Reyes: November 17 is -- Commissioner Diaz de la Portilla: Can we do it November 3rd? Commissioner Carollo: (UNINTELLIGIBLE.) Commissioner Reyes: No, no. I'm going to be too nice. Commissioner Diaz de la Portilla: I want to see if Commissioner Hardemon comes on screen now. Commissioner Reyes: That's right. November 3, that day, Commissioner Hardemon, we have a special meeting. Commissioner Diaz de la Portilla: November 3, Commissioner Hardemon, at 7 a.m. Are you ready? Chair Hardemon: That might work for me. Commissioner Reyes: Okay. November 17, Todd, is that a good date? Todd B. Hannon (City Clerk): Commissioner Reyes, that is actually -- Commissioner Reyes: 16rh Mr. Hannon: -- the day the vacancy occurs, so -- City of Miami Page 219 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Reyes: The 161"'. Mr. Hannon: -- the special meeting would need to be before November 17. Commissioner Diaz de la Portilla: November 16. Commissioner Reyes: November 16? 16, okay? Everybody agrees with it? Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: 16, okay. At what time; morning? Commissioner Carollo: What date are we talking about? Commissioner Reyes: Monday, November 16, sir. Commissioner Diaz de la Portilla: I agree with that. Commissioner Reyes: So we deal with this once and for all, that's it. Commissioner Diaz de la Portilla: But 10 a.m. 10 a.m. Commissioner Reyes: Well, 10 a.m., yes. 1 know. 1-- you and 1, we are -- Commissioner Diaz de la Portilla: 10 a.m. Commissioner Reyes: 1 can understand. I feel the same way. Vice Chair Russell: I have to pick up my girls at 3 from school. Commissioner Diaz de la Portilla: Well, then you better make a decision by 2:30. Vice Chair Russell: Yeah, we should. Let's start earlier. Commissioner Diaz de la Portilla: I think so. Commissioner Reyes: You know, if you don't extend yourself that much, you see, and you talk a little bit less, we'll be here -- about 12 o'clock out already. Commissioner Carollo: Well, Russell, I don't know. You and Hardemon, I figure you would jump in and I would support you, but how can we not let the new Commissioner decide, you know, whoever is going to be elected next? Isn't that what is being asked for? Commissioner Reyes: There's a certain contradiction there. Commissioner Carollo: I don't know. Commissioner Reyes: Yeah, there's some contradiction there, yeah. Commissioner Carollo: I'm teasing. Everybody stand down. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Stand down. We can name -- we can -- well, I can nominate and we can name somebody to replace Commissioner Hardemon that day, too. City of Miami Page 220 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Reyes: That's right. That's right. Commissioner Diaz de la Portilla: Kill two birds with one stone. Commissioner Reyes: But before that, Commissioner, don't -- Commissioner Diaz de la Portilla: No, it's going to be the 18'h, right, Vicky? It's going to be the 18'h? Victoria Mendez (City Attorney): Yes. Commissioner Reyes: But -- excuse me; meaning before that -- correct me if I'm wrong -- we should start the process to give time to people. 1 mean, we have to decide what we're going to do and if we're going to have special elections or if we are going to appoint somebody. Commissioner Diaz de la Portilla: This is a great Segway into my pocket item (UNINTELLIGIBLE) for 5 o'clock, the pocket item. Todd B. Hannon (City Clerk): Chair -- Commissioner Diaz de la Portilla, I truly apologize. I'm very sorry, sir. Is there a motion for the special meeting? Can I get a -- can I have a motion? Commissioner Diaz de la Portilla: Yeah. So Commissioner Reyes moves a motion for a special meeting, right? Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: On November 16, 10 a.m. I second it. Chair Hardemon: So it's been moved and seconded. Mr. Hannon: Chair, Chair -- Madam City Attorney, the special meeting is being called to take any and all actions associated with this particular item? Ms. Mendez: With the -- awarding -- with the Virginia Key RFP (Request for Proposals). Commissioner Reyes: Final decision. Commissioner Carollo: Any and all actions. Ms. Mendez: Any and all actions. Commissioner Reyes: Any and all. Mr. Hannon: Thank you. Chair Hardemon: All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. City of Miami Page 221 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 NA.6 8029 City Commission DISCUSSION ITEM DISCUSSION BY CITY COMMISSION REGARDING CONTINUITY OF GOVERNMENT AS IT RELATES TO THE UPCOMING ANTICIPATED VACANCY FOR THE DISTRICT 5 COMMISSION SEAT. RESULT: DISCUSSED Commissioner Reyes: Okay, now going back to the -- Commissioner Diaz de la Portilla: The Segway, the great Segway. And I don't want to talk -- I had a pocket item and I think I5n going to need to introduce it, and then get some -- do some of the rest of the days business, and then come back to it for public input, I think, because I made a mistake in the morning. I didn't introduce it, so I apologize for that, but it's a continuity of government pocket item that kind of begins to address the naming, 1 would think, of a City Commissioner fir District 5. We're going to unfortunately lose our current Commissioner, our Chairman to the upper body, and we need to name someone. My belief is that -- my thinking is -- at least for now -- we need to name someone instead of doing a special election, because a special election is costly. We're in dire economic times. And that person would need to run for re-election anyway at the end of -- Commissioner Reyes: In November. Commissioner Diaz de la Portilla: -- in November, like Commissioner Carollo is up on the ballot, and so is Mayor Suarez -- Commissioner Carollo: We're not running -- Commissioner Diaz de la Portilla: -- during that time, during a regular election. But if we can make -- but because we have so many important issues coming up and the hundred thousand or so people that live in City Commission District 5, we need to have representation in the decision -making process. We can't have a lack of continuity in government. We can't have four Commissioners, you know, where we can end up with a whole bunch of 2-2 votes, and that happens. And on top of that, at the -- that constituency is not represented. Part of my thinking -- Commissioner Carollo: Isn't that the excuse that I'm hearing for the Supreme Court nomination now -- Commissioner Diaz de la Portilla: Well, we would have to wait -- Commissioner Carollo: -- that it would end up in a tie, 4-4? Commissioner Diaz de la Portilla: Yeah, yeah, yeah, exactly, exactly. Commissioner Reyes: Exactly, exactly. Commissioner Diaz de la Portilla: But, you know, it could very well be that we never have a tie here; it could actually 3-1 here in many cases, so actually, it doesn't -- it's not fir our benefit; it's for the collective benefit, right? Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: And really, for the representation of the people that live in District 5 that need to have a voice, whoever that person is. And so, I would like to have -- you know -- a time from our City Attorney what the time frame is City of Miami Page 222 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 for that, whether -- I don't -- I have a list here in ,front of me on how it's been done in the past. It's been a little bit chaotic -- Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: -- in the past, and contentious. Obviously, it's an important thing. It's only five members in this legislative body and -- you know -- one makes a big difference, and I get that. But because we are in different times in 2020 with COVID-19 and the economic crisis that we have is that we need to have a full Commission to address important issues that are going to allow our City to move forward and gain the revenues it needs to gain and make up -- you know -- fill that gap that we have right now. So my thinking was whether we're going to take applications. If we don't have to, 1 ask for the City Attorney -- we don't have to take applications of people, but we do have to give people, 1 think -- Commissioner Reyes: A chance. Commissioner Diaz de la Portilla: -- an opportunity -- Commissioner Reyes: An opportunity. Commissioner Diaz de la Portilla: -- to say, "Hey, I want to run for this. I'm interested in this. These are my qualifications," kind of like a qualifying -- our own set -- our own qualifying process, so people not -- they say, "Hey, this is what 1 offer," so we can all review it and make the best choice -- Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: -- as an interim Commissioner for a year, who will, by the way, will be making really important decisions over the next year; probably some of the most important decisions ever made in our City in a long time. So I think it should be a deliberate and thoughtful process, but I also think it should be a process that is done quickly, deliberatively, and thoughtfully, but quickly. Commissioner Reyes: And transparent. And transparent. Commissioner Diaz de la Portilla: So if we're going to initiate that process of maybe telling the public that, "Hey, if you want to" -- 'you think that you could be a good Commissioner for this district, send us your qualifications so we can look at them," and then we can begin that process, and maybe come back, and maybe hold a special meeting, so we'll probably be having three meetings in a row: The one that Commissioner Reyes called for, for the Virginia Key Marina; the selection of a new Commissioner for District 5, if we decide to go that route; and then our regular meeting on November 19. So we're going to have those three meetings, one after the other. So we enter November 19, we have a Commissioner for the 5th District sitting already. If we leave it to the 19th, it could be that we have a debate and there's a stalemate, possibly, and we don't have a sitting Commissioner, and we really can't do a lot of business. So that continuity of government for me is important. I would like to, between now and then, open it up for people to apply, to qualify, or whatever the members think we should be doing to kind of get a list of people that we think -- you know -- should be -- that they think are eligible and should be considered to represent District 5. Commissioner Reyes: Let me ask you a question. Commissioner Diaz de la Portilla: And that's my thinking on it. City of Miami Page 223 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 NA.7 8030 City Commission Commissioner Reyes: Yes. And I agree with you. We need to solve this problem and move fast. But Mr. City Clerk, can we pick the person that is going to be appointed to that seat before the City Commissioner ends his term, or do we have to wait until that -- I mean that it -- the -- his term has been ended and we pick? Can we pick the same day that ends his term, or -- and that would --? Todd B. Hannon (City Clerk): No, sir. The vacancy occurs on the 17xh. The 10-day period begins the day after, so you can call a special meeting on the 18`I'. I'm just going through a hypothetical. You could call a special meeting on the 18`h to -- for the sole purpose of appointing someone if that is the will of the Commission to the District 5 seat. Commissioner Reyes: If -- Commissioner Carollo: Can we --? Commissioner Reyes: -- we appoint that -- can we appoint that person on the 19`E Mr. Hannon: Yes, sir. Commissioner Reyes: -- in the regular meeting? Mr. Hannon: Yes, sir. Commissioner Reyes: First order of the day. Commissioner Carollo: It's too much for all that in one meeting. 1-- Commissioner Reyes: Yeah. Well -- RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A SPECIAL CITY COMMISSION MEETING ON WEDNESDAY, NOVEMBER 18, 2020 AT 10:00 A.M. FOR THE PURPOSE OF TAKING ANY AND ALL ACTIONS IN RELATION TO FILLING THE UPCOMING VACANCY IN THE DISTRICT 5 COMMISSION SEAT BY APPOINTMENT OR, IF NECESSARY, BY SPECIAL ELECTION IN ACCORDANCE WITH SECTION 12 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA. ENACTMENT NUMBER: R-20-0325 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Commissioner Carollo: I would like to make a resolution now that we hold a special meeting -- Commissioner Reyes: The 18`h. Commissioner Carollo: -- on the 18" at 10 a.m. for the purpose of choosing someone for the District 5 seat and/or we get through an election if there's no consensus. Chair Hardemon: It's been properly moved. Is there a second? City of Miami Page 224 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Reyes: I second it. Chair Hardemon: It's been properly moved and seconded. Any further discussion? Vice Chair Russell: Could you clarify it again? I'm sorry. We're a little bit out of order on the agenda, so I'm not following exactly here. What is the motion? Commissioner Carollo: The motion is for a special meeting at 10 a.m., November 18, for the sole purpose of either choosing a replacement for the District 5 Commissioner, or putting it up to a special election -- Commissioner Reyes: To a special election. Okay. Commissioner Carollo: -- if we can't come to a consensus. Commissioner Reyes: That's right. Vice Chair Russell: Yeah, that's fine. Commissioner Reyes: And I second it. Chair Hardemon: Been properly moved and seconded. Seeing no fiirther discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Commissioner Diaz de la Portilla: Aye. Chair Hardemon: Motion carries. Todd B. Hannon (City Clerk): Chair, Commissioners, this is an opportunity for me to request a little more direction as to how you would like me to approach this qualifying process. Commissioner Carollo: Well, it's coming. I was going to do that next, because -- Mr. Hannon: Yes, sir. City of Miami Page 225 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 NA.8 8033 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY CLERK TO, ON OR BEFORE TUESDAY OCTOBER 13, 2020, ADVERTISE THE UPCOMING VACANCY IN THE DISTRICT 5 CITY COMMISSION SEAT FOR THOSE WHO WOULD LIKE TO BE CONSIDERED FOR APPOINTMENT BY THE CITY COMMISSION AND FURTHER PROVIDING AN OPPORTUNITY FOR ANY SUCH PERSON TO SEND A RESUME TO THE CITY CLERK BY CLOSE OF BUSINESS ON OR BEFORE NOVEMBER 13, 2020. ENACTMENT NUMBER: R-20-0327 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Carollo, Reyes Commissioner Carollo: I'd like to place a resolution for the Clerk to advertise -- Commissioner Reyes: Advertise. Commissioner Carollo: -- beginning on Monday so that people know there is going to be an opening beginning on the 18th, and for those that would like to be considered to be appointed by the City Commission that they send their resume to the City Clerk before the 18th. In fact, we should put a cutoff date -- Todd B. Hannon (City Clerk): Yes. Commissioner Carollo: -- to the 15`h -- it's a Friday -- 15th of November. Chair Hardemon: That's a Sunday. Commissioner Reyes: Chair, that's a Sunday. Commissioner Carollo: And as the Clerk gets the resumes, he forwards them to each of us. Mr. Hannon: If we could make that November 13, that's a Friday, sir? Commissioner Carollo: Yeah. Commissioner Reyes: That's right. Mr. Hannon: November 13. Commissioner Carollo: Right, yeah. Mr. Hannon: By close of business -- Commissioner Carollo: Right. Mr. Hannon: -- and that means whether it's received physically, electronically, if an email comes in after 5 o'clock -- City of Miami Page 226 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Reyes: Yeah. Mr. Hannon: -- if it doesn't make it by 5 o'clock, that is the cutoff. Commissioner Carollo: Well, I'd prefer that they come personally so you can get to greet them and say hello, and -- you know. No, I'm serious. Yeah, they could do it electronically. Mr. Hannon: But 5 p.m. is the cutoff. Commissioner Reyes: Commissioner, I can tell you we don't have enough time. Vice Chair Russell: Mr. Chairman? Chair Hardemon: You're recognized. Vice Chair Russell: Thank you. This process is excellent, because it's going to put it out there and people can enter in. But is there a legal requirement for someone to send in this application? Because if -- Commissioner Carollo: No. Vice Chair Russell: -- one of us wants to -- Commissioner Carollo: No. Vice Chair Russell: -- proffer a random name on that day, we could, correct? Commissioner Carollo: You're correct. That's correct. Vice Chair Russell: Just wanted to clarifY. Thank you. Commissioner Carollo: So is there a motion? Commissioner Reyes: Yes, but the thing is, what I'm afraid of is that if we receive, let's say, 10, 15 resumes, do we have enough time to vet them between the 13`h and the 15' -- and the 18`h? Commissioner Carollo: Well, you would hope that you would, but if not, I'm sure that each of them is going to come to that meeting and we could vet them publicly, too. Commissioner Reyes: Okay, okay, okay. I move it. Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: I second it. Commissioner Carollo: Fine. Commissioner Diaz de la Portilla: Commissioner -- I'm sorry, Mr. Hannon. Do you have a -- you want to say something or --? Mr. Hannon: Yes, sir, and I apologize, Commissioner Diaz de la Portilla. So another component that we've done in the past -- this was in 2010 -- where I understand that the -- a nominee could submit their resume -- not required, but could -- by November 13, before 5 p.m. But there's another component, too, because any nominee who is going to be appointed needs to comply with Section 4 of the City Charter, meaning that they need to have lived within the district for a year, need to be an elector. So in City of Miami Page 227 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 the past, we've used the Affidavit of Candidate that you all are very familiar with that you filled out when you ran for elected office. In 2010, we used that for the nominees to ensure -- go ahead, sir. Commissioner Diaz de la Portilla: Whenever there's a special election -- I don't know about an appointment, because again -- what am I, Commissioner Carollo? I'm the new kid on the block. What am I? Am I --? Commissioner Reyes: (UNINTELLIGIBLE.) Commissioner Diaz de la Portilla: (Comment made in Spanish.) Commissioner Carollo: (Comment made in Spanish.) Commissioner Diaz de la Portilla: When there's a special election -- right? -- it's -- the residency requirement doesn't apply, right? Commissioner Reyes: Oh, yes, it does. Commissioner Carollo: Yes, it does. Commissioner Diaz de la Portilla: It does? Commissioner Carollo: Absolutely. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: It does? Okay. Commissioner Carollo: Absolutely, yes. Commissioner Diaz de la Portilla: All right. So the one-year residency requirement would apply. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: The same qualifying requirements apply to this appointment. Chair Hardemon: It all applies. I think what Mr. Hannon is describing is a statement that the -- the statement that he's referring to would basically be the candidate swearing that they fit the qualifications. Commissioner Diaz de la Portilla: Okay. Chair Hardemon: And so, if you do not fit the qualifications, you've sworn to that. It's actually -- it's perjury. So it basically says, "Look, I'm not just getting a bunch of resumes. I'm getting resumes that swear that they fit the qualifications." Commissioner Diaz de la Portilla: Okay. Chair Hardemon: So therefore, it's actionable. Commissioner Diaz de la Portilla: Okay. Mr. Hannon: So what -- I'm just inquiring and requesting direction on. So a potential nominee could submit this Affidavit of Candidate; not electronically. That is a sworn document, as the Chair mentioned, so that would need to be submitted physically. City of Miami Page 228 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Now, they could submit that. They could come down to the Clerk's Office and, quote/unquote, qualify before the special meeting on the 18`" if they desire, or they could wait till the day of that meeting to fill out the Candidate of Affidavit [sic] and -- Commissioner Carollo: Absolutely. I mean, we're not going to name someone that doesn't live in the City of Miami, so -- Commissioner Reyes: Absolutely. Commissioner Carollo: -- I'm not worried about that. Mr. Hannon: I just wanted to make sure there's flexibility. Thank you. Thank you, Commissioner. Commissioner Reyes: But coming to the City of Miami and qualifying is the standard procedure. Mr. Hannon: Yes; for our elections, yes. Commissioner Reyes: And so, they have to follow the standard procedure. Mr. Hannon: And that is in the Charter for an appointment; yes, sir -- Commissioner Reyes: Okay. Mr. Hannon: -- that they need to adhere to the qualifications outlined in the Charter. Commissioner Carollo: Chairman? Chair Hardemon: Yes. Commissioner Carollo: Chairman? Chair Hardemon: Yes. Commissioner Carollo: Is your opponent living inside the City of Miami presently in District 5? Chair Hardemon: Well, that is the question that all of us wonder from time to time. No. My current opponent does not live in the City of Miami, no. Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: Do you have an opponent? Chair Hardemon: Yeah. I heard that -- Commissioner Diaz de la Portilla: Okay, the rumor. Chair Hardemon: -- someone is running against me. Commissioner Carollo: The Miami Herald. Chair Hardemon: Aren't they all of our opponents? Commissioner Diaz de la Portilla: Of course, of course. They hate democracy, don't they? City of Miami Page 229 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Chair Hardemon: Mr. Hannon. Mr. Hannon: Thank you, Chair. Commissioner Carollo, could 1 get a little flexibility when it comes to the notice? Next Monday is Columbus Day, and I'm not exactly sure how many publications are actually publishing, but if I could just have that week, a little flexibility to get a notice out and to start also sending out electronically and through Communications and so forth; is that okay, sir? Commissioner Carollo: Well, why don't you do it -- yeah, do it today. It's Thursday. Why don't you send it out tomorrow, Friday? Mr. Hannon: I'm just going to need a little time to craft it, to make sure I run it past the City Attorneys' Office, so I would just like a little time, sir, to do it right. Chair Hardemon: Just use the same (UNINTELLIGIBLE). Commissioner Carollo: If you must, but I would hope it could go live then tomorrow; send out a "Happy Columbus Day" when you do. Mr. Hannon: I'll do my best, but I may need a little flexibility. Commissioner Carollo: Well, I just gave it to you. Mr. Hannon: Thank you. Commissioner Carollo: And 1 think the Commission would support it. Commissioner Reyes: Yes. Commissioner Carollo: You have until Tuesday to do it. Commissioner Reyes: Absolutely. Commissioner Carollo: But hopefully, you or the City Attorney could handle something so simple by tomorrow's date so it could be out early. Mr. Hannon: Right. The deadline for publications, though, is very early tomorrow morning; and so, we just need a little time -- Commissioner Carollo: Okay. Mr. Hannon: -- beyond -- you know -- just -- Commissioner Carollo: I stand corrected. You're correct. It's early in the morning, the time for sending it out to The Herald -- Mr. Hannon: Thank you. Commissioner Carollo: -- or whoever you want to send it out to. Mr. Hannon: We'll do multiple publications. Commissioner Carollo: Okay. Just be careful to send it out to the New Times, because if not, we'll get all kinds of weirdos applying. Mr. Hannon: Understood, sir. City of Miami Page 230 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Diaz de la Portilla: All the porn shop operators -- right? -- the advertisers. I'm not even -- Commissioner Carollo: Yeah, that, and all the -- you know -- clubs and marijuana clubs and what have you. Commissioner Diaz de la Portilla: The massage parlors and all that. Commissioner Carollo: Yeah, yeah; oh, yeah; particularly the massage parlors. Commissioner Diaz de la Portilla: Yes, (UNINTELLIGIBLE). Chair Hardemon: As long as it's legal, but -- Commissioner Diaz de la Portilla: Can we advertise with Mr. Crespo and Politico Cortadito? Are those legitimate papers, or blogs, or --? Can we advertise there, too, or --? Chair Hardemon: I don't think they have a BTR (Business Tax Receipt). Commissioner Diaz de la Portilla: Or maybe David Winker can tweet it or -- I don't know -- something like that. Chair Hardemon: They may not (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: Does anybody even read that stuff? Does anybody read that? Commissioner Carollo: You can't in the first one you mentioned, because he's not a journalist. He's an award -winning photographer. Commissioner Diaz de la Portilla: Oh. Have you seen the awards? Chair Hardemon: So to clarify the motion on the floor, the motion on the floor is by Commissioner Carollo to give direction to the City Clerk to advertise, starting -- hopefully, by tomorrow -- but by the latest, Tuesday for this role, and to -- for the vacancy. That's what the motion is, correct? Mr. Hannon: And just for clarification, Chair, it won't most likely appear in the paper by Tuesday, but at the very least, maybe we can start getting it out electronically and throughout the week, because some publications that we're going to be using only publish once per week; and so, that's why I was just asking for flexibility. Chair Hardemon: Okay. Okay. Now, the question that you had, Mr. Clerk, regarding the Statement of Candidacy, do you need any direction on that, or are you perfectly fine with what you received? Mr. Hannon: No, sir. It's my understanding that beginning next week, nominees interested can submit a resume. They can also at the same time fill out the Affidavit of Candidate and all the documents that accompany that Affidavit of Candidate, as if we're going through the process of qualdying someone for an elected office; and so, I understand that. I also understand the fact that resumes will be due by November 13, by 5 p.m., but they're not required, and that someone could come on the day of the special meeting to qualib, and be considered for the appointment. Chair Hardemon: Okay. Seeing no further questions, all in favor of the motion, say "aye" City of Miami Page 231 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 The Commission (Collectively): Aye. Victoria Mendez (City Attorney): Chairman? Chair Hardemon: All against? Motion passes. Madam City Attorney? Ms. Mendez: I just wanted to make sure that the public comment period has still been rolling in for the comments on -- Chair Hardemon: This is mostly direction, so this is not -- you know -- we haven't done anything substantive here. Ms. Mendez: Okay. Commissioner Carollo: Madam City Attorney, some additional guidance. If all the polls would be wrong and comes election day and we have a surprise and we have a different Commissioner elected to the County, can we rename Commissioner Hardemon -- Commissioner Reyes: Absolutely. Commissioner Carollo: -- back to the Commission? Ms. Mendez: Absolutely. Commissioner Reyes: Absolutely. Ms. Mendez: Absolutely. But we don't want that; right, Chairman? Chair Hardemon: Well, I don't know. Commissioner Diaz de la Portilla: I want to keep him. I want to keep him. Commissioner Reyes: I want to keep him, too. Commissioner Diaz de la Portilla: I know he wants to move up in the world, but I want to keep him. Commissioner Reyes: I want to keep him. Commissioner Diaz de la Portilla: Yeah, I want to keep him, but he's moving -- he wants to move up, you know? He's -- Commissioner Reyes: Yeah. Commissioner Carollo: I'm looking out for you, Hardemon. Commissioner Diaz de la Portilla: He's outgrown us. He's outgrown us. Commissioner Carollo: You make sure you look outfor the City once you're there. Chair Hardemon: Listen, I know something's going on when everybody's being nice to me. Even the City Attorney, the Clerk, you know? (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Diaz de la Portilla: We need a couple more of your votes before you leave, and we'll be okay. City of Miami Page 232 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Commissioner Carollo: Look, come to our Columbus Day celebration and barbecue, and we'll tell you what's going on. Chair Hardemon: Okay. Sounds like a trap; all these traps. Mr. Hannon: Chair and Commissioners, would you like to talk about the procedures that will be used for this special meeting, or is that something that you want to wait to decide on --? Commissioner Carollo: No, no, no,no. Chair Hardemon: Have you ever heard of --? Well, it's different procedures that are out there, but the particular ones that we use is Mason's Rules of Order. Mr. Hannon: Oh, no, no; understood, sir. It's just that in 2010, there was a certain series of steps that were taken, as well as when it came to voting by ballot and so forth, so I could share that with you all individually if that's what you'd prefer. Commissioner Carollo: You could do that -- Commissioner Reyes: Yes. Commissioner Carollo: -- Clerk, if you'd like, but 1 think we can handle it from here on -- you know -- on the meeting. Commissioner Reyes: We could decide on the meeting. Commissioner Carollo: Yeah. Mr. Hannon: Understood. Thank you. Commissioner Reyes: Okay. We can decide on it. City of Miami Page 233 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 NA.9 8045 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI 21 REPORT AD HOC TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Nathanial Robinson Commissioner Ken Russell Adam Old Commissioner Ken Russell ENACTMENT NUMBER: R-20-0335 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon Vice Chair Russell: Are we able to reappoint our members to the Miami 21 Task Force at this point? Nicole N. Ewan (Assistant City Clerk): I believe so; yes, Vice Chair. Vice Chair Russell: In that case, I'd like to proffer my two original appointees, which were Pastor Nathaniel Robinson and Mr. Adam Old if there is a motion and a second for that. Commissioner Carollo: There's a motion. Vice Chair Russell: Thank you. Commissioner Reyes: Second. Vice Chair Russell: Second. Commissioner Carollo: Those are your two appointments? Vice Chair Russell: Yes. They're the original same two that I had. Commissioner Carollo: Okay. Vice Chair Russell: Do we need to allocate them to other categories, or do you all do that automatically, based on their criteria? Ms. Ewan: We would have to look at the criteria, Vice Chair, to make sure that they meet the applicable criteria as set forth in the new resolution that was passed today. Vice Chair Russell: Yeah. It's my understanding that they do. All right. Thank you very much. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. City of Miami Page 234 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 NA.10 8046 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI 21 REPORT AD HOC TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Melissa Tapanes Llahues Vicky Leiva ENACTMENT NUMBER: R-20-0336 MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: NOMINATED BY: Commissioner Manolo Reyes Commissioner Manolo Reyes Adopt ADOPTED Manolo Reyes, Commissioner Joe Carollo, Commissioner Russell, Diaz de la Portilla, Carollo, Reyes Hardemon Commissioner Reyes: 1 would like to -- Mr. Chairman? Vice Chair Russell: Yes. Commissioner Reyes: I would like to reappoint my two original appointees, Melissa Tapanes and Vicky Leiva. Vice Chair Russell: What was the second one? Commissioner Reyes: Victoria; Victoria Leiva. Vice Chair Russell: Okay. Would you like them in one motion? Commissioner Reyes: Yes, in one motion. Vice Chair Russell: That's fine. There's been a motion. Is there a second? Commissioner Carollo: There's a second. Vice Chair Russell: Second by Commissioner Carollo. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Opposed? Motion passes. Victoria Mendez (City Attorney): Commissioners, just to clarify, if you're able to state what they're for, that would be even better, just so that there isn't a question. So I believe the two that you appointed, Commissioner Reyes, they're for the attorney spots, and I believe your two, Vice Chairman Russell, were for the community -- Vice Chair Russell: Community leader. Ms. Mendez: -- leader spots. City of Miami Page 235 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 NA.11 8025 Commissioners and Mayor Vice Chair Russell: Yeah. Ms. Mendez: Just to make it easier for the Clerk's Office, as well. Commissioner Reyes: Okay. Ms. Mendez: Thank you. Vice Chair Russell: Are there any further motions on appointments? Ms. Ewan: No, Vice Chair; not from our office. Vice Chair Russell: Thank you very much. ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT," TO PROVIDE FOR INCLUSION OF BUILDING VIOLATIONS AS PART OF CAUSE FOR REVOCATION OF CERTIFICATES OF USE; 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: Alex Diaz de la Portilla, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon Vice Chair Russell: I'll move to PL2. Commissioner Carollo: Hold on a minute. Vice Chair Russell: Oh, I'm sorry. We'll read Commissioner Carollo's item into the record, please, and we'll list that as PLS, I want to say. Commissioner Carollo: Okay. Todd B. Hannon (City Clerk): My apologies. This is the new item. This will be PI. 11. (MULTIPLE PARTIES SPEAKING IN UNISON) Vice Chair Russell: Okay, PL11. Now let's see if you could read it into the record, please. Victoria Mendez (City Attorney): It's not PL5? Vice Chair Russell: It's PL 11, apparently. Mr. Hannon: No, no, no. P15 was calling of the special meeting on November -- Would you like me to go down the list. Commissioner Carollo: No, no. City of Miami Page 236 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 Vice Chair Russell: No. I trust you. Commissioner Carollo: We believe you. We believe you. Vice Chair Russell: Madam City Attorney, please read it into the record. The Ordinance was read by title into the public record by the City Attorney. Victoria Mendez (City Attorney): So there is the addition then for -- under Section of Denial or Revocation of Certificate of Use. It adds violations of Chapter 10 of the City Code, which would include, I believe, the 40-year certifications and all that. And then -- Commissioner Carollo: Well 1 -- do you believe, or are you sure? Ms. Mendez: I believe that that's what Chapter 10 has the -- Commissioner Carollo: Well, then why don't you spell it out? 40-year certification so that -- Ms. Mendez: Remember, this is just first reading, Commissioner, so we can tweak this perfectly just like you like it before second reading. Commissioner Carollo: Okay. All right. Ms. Mendez: And then the penalties section that we're adding is: Stop work orders may be issued by the Building official until such time the violation is remedied. Commissioner Carollo: "Will"; "will be issued." We included that before in the other ordinance that we passed. Ms. Mendez: All right. So: "Will be issued by the Building official until such time as the violation has been remedied"; enforcement, pursuant to Chapter 2, Article 10 of the City Code, and the sum of $500 violation. No permit applications will be approved unless with open cases or pending fines. Enforcement by one method doesn't preclude enforcement by others, and it exempts government departments. So that's generally what this does, and we'll tweak anything between first and second. Commissioner Carollo: And the second one, okay? Ms. Mendez.: Okay. Commissioner Carollo: Mr. Manager, does that satisfy you with what you had put down before? Art Noriega (City, Manager): Yes, sir. Commissioner Carollo: Okay. All right. I make the motion. Vice Chair Russell: Thank you. Commissioner Carollo makes a motion on PI11. Commissioner Reyes: I second it. Vice Chair Russell: Is there a second? Commissioner Diaz de la Portilla: I second it. City of Miami Page 237 Printed on 10/03/2024 City Commission Meeting Minutes October 8, 2020 ADJOURNMENT Commissioner Reyes: I second it. Vice Chair Russell: Seconded by Commissioner Diaz de la Portilla. I'll open for public comment if there are any. 1 know I'm not really giving much time or ability for that, but this is first reading, so we can still allow that for second reading, as well. Commissioner Carollo: Yes. Vice Chair Russell: Closing public comment. Any further discussion on the dais? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. That's PI. 11. The meeting adjourned at 8:25 p.m. City of Miami Page 238 Printed on 10/03/2024