HomeMy WebLinkAboutCC 2022-02-24 MinutesCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
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Meeting Minutes
Thursday, February 24, 2022
9:00 AM
City Commission Meeting
City Hall
City Commission
Francis X. Suarez, Mayor
Christine King, Chair, District Five
Joe Carollo, Vice Chair, District Three
Alex Diaz de la Portilla, Commissioner, District One
Ken Russell, Commissioner, District Two
Manolo Reyes, Commissioner, District Four
Arthur Noriega, V, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
City Commission
Meeting Minutes February 24, 2022
9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Chairwoman King, Vice Chair Carollo, Commissioner Diaz de la Portilla,
Commissioner Russell and Commissioner Reyes
On the 24th day of February 2022, the City Commission of the City of Miami, Florida, met
at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in
regular session. The Commission Meeting was called to order by Chairwoman King at 9:09
a.m., recessed at 12:24 p.m., reconvened at 3a2 p.m., and adjourned at 5:10 p.m.
Note for the Record: Vice Chair Carollo entered the Commission chambers at 9:57 a.m., and
Commissioner Diaz de la Portilla entered the Commission chambers at 10:22 a.m.
ALSO PRESENT:
Arthur Noriega, V, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
Chair King: -- 22 meeting of the City of Miami Commission. At this time, I am going to ask
Father Reggie to honor us with a prayer to start our meeting.
Invocation delivered.
Chair King: Thank you so much, Father Reggie. Commissioner Manolo, would you honor us
with the Pledge of Allegiance, please?
Pledge of Allegiance delivered.
Chair King: Thank you. Please, everyone be seated.
PART A - NON -PLANNING AND ZONING ITEM(S)
PR - PRESENTATIONS AND PROCLAMATIONS
ORDER OF THE DAY
Chair King: -- 22 meeting of the City of Miami Commission. At this time, I am going to ask
Father Reggie to honor us with a prayer to start our meeting.
Invocation delivered.
Chair King: Thank you so much, Father Reggie. Commissioner Manolo, would you honor us
w Chair King: At this time, I will have the City Attorney explain the procedures for public
comment. Procedures for the swearing in of parties for the planning and zoning and or quasi-
judicial items will be explained -- I'm sorry, that will be explained by our City Clerk. Mr. City
Attorney.
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Barnaby Min (Deputy City Attorney): Thank you, Madam Chair. 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 registered. A copy of
the Code section about lobbyists 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. com. The City of Miami requires that anyone requesting action by the City
Commission must disclose before the hearing any consideration provided or committed to
anyone for agreement to support or withhold objection to the requested action pursuant to
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 the documents
applied to the Commission fewer than seven days before merits a continuance, the item may be
continued by the City Commission. Pursuant to section 2-33(f) and (g) of the City Code, the
agenda and the material for each item on the agenda is available during business hours at the
City Clerk's Office and online 24 hours a day at miamigov. com. Any person may be heard by
the City Commission through the Chair for not more than two minutes on any proposition
before the City Commission unless modified by the Chair. Public comment will begin at
approximately 9: 00 a.m. and will remain open until a public comment period is closed by the
Chairperson. Members of the public wishing to address the body may do so by submitting
written comments through the online comment form. Please visit
miamigov.com/meetinginstructions for detailed instructions on how to provide public comment
using the online public comment form. The comments submitted through the comment form
have been and will be distributed to elected officials and the City's 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 elected officials up until the time the Chairperson closes the public
comment period. Public comment may also be provided live at City Hall located at 3500 Pan
American Drive, Miami, Florida, subject to any and all City rules as they may be amended. If
the proposition to be continued or rescheduled, the opportunity to be heard may be at such a
later date before the City Commission takes action on such a 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 may be spoken about. Any person with a disability requiring assistance,
auxiliary aids, or services for this meeting may notify the City Clerk. The City has provided
different public comment methods to indicate, among other things, public support, opposition,
or neutrality on the items and topics to be discussed at today's City Commission meeting,
pursuant to Section 286.0114(4)(c), of Florida Statutes. The public has been given the
opportunity to provide public comment during the meeting, within a reasonable approximating
time before the meeting. Please note, commissioners have generally, been briefed by City staff
and the City Attorney on items on the agenda today. Anyone wishing to appeal any decision
made by the City Commission for any matter at this meeting may need a verbatim record of the
item. A video of this meeting may be posted to the Office of Communications or viewed online
at miamigov.com. Planning and zoning items shall proceed according to Section 7.1.4 of the
Miami 21 Code as temporarily modified pursuant to Emergency Ordinance Numbers 13903
and 13914. Pursuant to Emergency Ordinance Numbers 13903 and 13914, parties for
planning and zoning items, including any applicants, appellants, appellees, City staff and any
person recognized by the decision -making body as a qualified intervener, as well as the
applicant's representative, and any experts testing on behalf of the applicant, appellant, or
appellee may either be physically present at City Hall to be sworn in by oath or affirmation by
the City Clerk, or may appear virtually and make arrangements to be sworn in by the oath or
affirmation in person at the 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 Section 286.015 Florida Statutes and
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Section 7.1.4.5 of the Miami 21 Code. Staff will briefly present each item to be heard. For
applications requiring City Commission approval, the applicant will present its application
request to the City Commission. If the applicant agrees with staff's recommendation, the City
Commission may proceed 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 setfbrth 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. Please silence all cell phones and other
noise -making devices. Thank you, Madam Chair.
Chair King: And now our City Clerk will explain the procedures for swearing in of parties for
the planning and zoning and/or quasi-judicial items.
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 City staff or any other
individuals required to be sworn in who are currently present at City Hall be sworn in by me,
the City Clerk, immediately after I finished explaining these procedures. Those individuals who
are appearing remotely may be sworn in now or at any time prior to the individual providing
testimony for planning and zoning items and/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're 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 e-mail
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.
Commissioners, are you comfortable with all the notice provisions set forth in these uniform
rules of procedures that we have established for this meeting?
Commissioner Russell: Yes.
Mr. Hannon: Chair, may I administer the oath of the planning and zoning items?
Chair King: Yes, please.
Mr. Hannon: Thank you, Chair. Good morning, ladies and gentlemen. Good morning, ladies
and gentlemen. If you will be speaking on any of today's planning and zoning items, that's any
of today's planning and zoning items, may I please have you stand and raise your right hand.
The City Clerk administered the oath required under City Code Section 62-1 to those persons
giving testimony on zoning items.
Mr. Hannon: Thank you, Chair.
Chair King: Thank you. Now joining me for this meeting are Commissioners Ken Russell,
Commissioner Manolo Reyes, City Manager Art Noriega, and Mr. City Attorney Barnaby Min.
Mr. Manager, are there any items that Administration would like to continue, defer, withdraw,
or indefinitely withdraw at this time?
Arthur Noriega (City Manager): Good morning, Mr. Chairwoman [sic], Commissioners,
Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer
and/or withdraw the Ibllowing items: FR.1, to be indefinitely deferred; DI.1, to be indefinitely
deferred; AC.1, to be withdrawn; PZ.3, to be deferred to the March 24th meeting; and PZ.7, to
be deferred to the March 24th meeting. And that concludes the items for the Administration.
Thank you, Madam Chair.
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Chair King: Okay, can you repeat that one more time to make sure that we all got that?
Mr. Noriega: FR.1, to be indefinitely deferred. DI.1, to be indefinitely deferred. AC.1, to be
withdrawn. PZ.3, to be deferred to the March 24th agenda. And PZ.7, to be deferred to the
March 24th agenda.
Chair King: Thank you.
Commissioner Reyes: Madam Chair, I'm sorry, but I had to step out, just for a second, when
the -- our City Manager was enumerating the items that are going to be deferred.
Mr. Noriega: One more time?
Commissioner Reyes: Yes, sir, please.
Mr. Noriega: Okay. FRI --
Commissioner Reyes: FR1, hold on a second.
Mr. Noriega: -- to be indefinitely deferred.
Commissioner Reyes: FR.1.
Mr. Noriega: DI] to be indefinitely deferred.
Commissioner Reyes: DI1.
Mr. Noriega: AC.1 to be withdrawn.
Commissioner Reyes: AC?
Mr. Noriega: AC, yes.
Commissioner Reyes: Okay.
Mr. Noriega: PZ.3 to be deferred to the March 24th meeting. And PZ.7 also to be deferred to
the March 24th meeting.
Commissioner Reyes: PZ.3, PZ.7, and AC. Okay.
Chair King: Commissioner Russell, do you have any items that you would like to withdraw,
defer?
Commissioner Russell: Thank you, Madam Chair. I would like to add a pocket item if this is
the appropriate time.
Chair King: Sure.
Commissioner Russell: It will be PI], a resolution of the Miami City Commission opposing
Senate Bill 1834 and House Bill 1557. I have copies, just pass out if -- oh, no, I don't have
copies. The Clerk should have it.
Chair King: Joining us now is City Attorney Victoria Mendez. Good morning.
Victoria Mendez (City Attorney): Good morning, Chair.
Chair King: Is there anything else, Commissioner Russell?
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Commissioner Russell: That's it, thank you.
Chair King: Commissioner?
Commissioner Reyes: I'm preparing a pocket item that I'm going (INAUDIBLE).
Chair King: He said he's preparing a pocket item, Todd. Okay. Mr. City Clerk, I would like to
defer PZ.5 and PZ. 6.
Mr. Hannon: To what meeting, Chair? March 10th, March 24th, April 14th, April 28th.
Chair King: Let me indefinitely defer.
Mr. Hannon: Indefinitely defer.
Chair King: Yes.
Mr. Hannon: Understood.
Chair King: And let me see ifl have anything else. I'd also like to defer RE.4
and RE.8 -- I'm sorry. RE.2. Wait a minute, I'm giving you the wrong -- CA.1, I want to defer
and RE.2.
Commissioner Reyes: RE.2.
Mr. Hannon: And, Chair, what meeting would you like to defer RE.4, CA.1, and RE.2 to -- to
what meeting?
Mr. Noriega: Can 1 get a clarification real quick on -- RE.4 is not for deferral, correct?
Chair King: No, no, no, no. I was just looking at the --
Mr. Noriega: Okay.
Chair King: No, no, no. So, for me, it's CA.1, and I'd like to defer that to the first meeting in
April, ifI may.
Mr. Hannon: Yes, ma'am. April 14.
Chair King: And RE.2 --
Mr. Noriega: Can I -- can I interject on CA.1, sorry, Madam Chair? Moving it to April creates
a bit of an issue for us in terms of timing for hurricane season. So, if we could maybe push it to
the next meeting, that would be great, or even March 24th, just because the farther we push it,
the longer it's going to take us to onboard debris removal, and we'll be -- hurricane season will
be on top --
Chair King: Okay, how about Ijust indefinitely defer it, and if you can get the information that
we need, that it can come back at any time.
Mr. Noriega: Okay.
Chair King: So it's not set for any particular date.
Commissioner Reyes: Yep.
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Mr. Noriega: Okay.
Mr. Hannon: And RE.2?
Chair King: RE.2, we can indefinitely defer that as well.
Mr. Hannon: And Chair, I believe I need to read a statement into the record regarding PZ.5
and 6, the indefinite deferral. Pursuant to Section 62-22 of the City Code, an indefinitely
deferred action initiated by the City will cost the City mail, noticing, advertising, and posting
of properties as applicable. Thank you, Chair.
(COMMENTS MADE OFF RECORD)
Chair King: Sir?
Edward Martos: Yes.
Chair King: May you state your name?
Mr. Martos: Yes.
Chair King: I understand you want to --
Mr. Martos: For the record, Edward Martos, offices at 2525 Ponce de Leon Boulevard. I'm
here on behalf of the applicant under PZ.5 and 6. We don't object to your request for a
deferral, we completely understand, but we would like that you make it for a time certain,
rather than an indefinite deferral, because that would cost additional notice fees and expenses,
both to us and to the City. And so, if you specify, as the Clerk just mentioned, a specific date to
which it's deferred, we can avoid those fees and the extra effort by the City Administration.
Chair King: Okay. So, Mr. City Clerk, I'd like to defer PZ.5 and 6 to the second meeting in
April.
Mr. Hannon: Yes ma'am, that is April 28.
Mr. Martos: Chairwoman, thank -you very much. I appreciate that.
Chair King: Thank you.
Mr. Martos: Yes.
Chair King: Now, if I may have a motion for the items that we are continuing/withdrawing.
Commissioner Reyes: I move it.
Chair King: A second?
Commissioner Russell: Second.
Chair King: All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
[Later...]
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Chair King: Joining me are my colleagues, Vice Chair Commissioner Joe Carollo and
Commissioner Alex Diaz de la Portilla. Welcome, gentlemen. Now we are going to take up our
items. We have two items --
Commissioner Russell: Madam Chairwoman?
Chair King: Yes, sir?
Commissioner Russell: Before we do, 1 just wanted, after public comment, I wanted to be noted
as a co-sponsor or sponsor on a couple of items, if that's appropriate at this time.
Chair King: Oh, yes, we're just about to go through that.
Commissioner Russell: Thank you.
Chair King: So, Commissioner Russell, you said you wanted to be a co-sponsor for some
items?
Commissioner Russell: Yes, I'd like to be a sponsor on anyone that doesn't have a current
sponsor and a co-sponsor on the others fbr RE.3, Morningside Park, RE.7, the Miami Forever
Bond issue, RE.8, the rental assistance program, and RE.9 Marine Stadium.
Chair King: Did you get that Todd? I would also like to be a co-sponsor for RE.8, the rental
assistance program.
Commissioner Reyes: I guess that all of us are sponsoring it. This is the rental assistance
program.
Chair King: For yourself as well?
Commissioner Reyes: That's right. It's a program that all of us are supporting.
Vice Chair Carollo: Yes, rental assistance, but I don't know if this is the time to speak on it
because while it's got the title of rental assistance, I'm reading that it could be used for
anything else.
Chair King: Okay, no. This --
Vice Chair Carollo: It's not exactly rental assistance.
Chair King: Right, okay, so we're not going to speak on that now. Let's take up the consent --
Todd B. Hannon (City Clerk): And I do apologize. So, Commissioner King and Commissioner
Reyes and Commissioner Russell would like to be shown as co-sponsors of RE.8.
Commissioner Reyes: Rental assistance.
Chair King: Right, the rental assistance.
Commissioner Reyes: But Commissioner Carollo, clarification is that --
Chair King: Right, we're going to take -- but we're going to take that up later.
Mr. Hannon: But Commissioner Carollo, do you want to be a co-sponsor of RE.8 or no?
Vice Chair Carollo: Well, it depends how it's going to end up. If we're going to be giving it a
title of rental assistance that's not truly going to be a rental assistant, and anybody that wants
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some money could grab it and spend it on anything they want, then I don't know if I want to be
part of that. Plus, I need to ask some additional questions from the City Attorney concerning
that money.
Mr. Hannon: Yes, sir, understood.
Vice Chair Carollo: And 1 want to make sure that --
Mr. Hannon: You'll reserve the right.
Vice Chair Carollo: Right.
Commissioner Reyes: Madam Chair. The way that I understand it, and I will co-sponsor it if it
is like that, is that it's going to be strictly rental assistance. Those people that are in arrears,
those people that need --
Chair King: Right.
Commissioner Reyes: -- are on the verge of being evicted, and they need monetary assistance.
That's the only way that -- and that's what I understood.
Chair King: Right. We'll address --
Commissioner Reyes: Once everything is clarified...
Chair King: Right. We'll address that when that item comes up.
PUBLIC COMMENTS FOR ALL ITEM(S)
11597
Office of the City
Clerk
DISCUSSION ITEM
PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE
PUBLIC FOR THE FEBRUARY 24, 2022 CITY COMMISSION
MEETING.
RESULT: PRESENTED
Commissioner Russell: We're almost done.
Anthony Gomez: Hello.
Chair King: Good morning, sir. How are you today?
Mr. Gomez: Good morning, Madam Chair. Commissioners. My name is Anthony
Gomez. I am the President -Elect of the Latin Builders Association with offices in 1701
Ponce and Coral Gables. I stand before you on behalf of the members of the Latin
Builders Association in support of Item RE.9 and urge to approve this item and
authorize the bond issuance for the Miami Marine Stadium Capital Renovations and
Improvement Project. The Marine Stadium is one of our local architect treasures and
deserves to be restored and enhanced. It is also -- was designed by Cuban architect
Mr. Hilario Candela, which passed away recently. There's really no other building
like it in this world, and we respectfully ask for your support for this item. Thank you.
Thank you, Madam.
Chair King: Thank you. Good morning, Elvis.
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Elvis Cruz: Good morning, Chair. I'm here with Maurice Hobbs and Mark Rokowicz,
and we have pooled our time to give you the presentation.
Chair King: Okay, so that will give you six minutes.
Mr. Cruz: Yes, but I don't think I'll go that far, but yes.
Chair King: Okay, perfect.
Mr. Cruz: Thank you. Elvis Cruz, 631 Northeast 57th Street. Commissioners, you did
the right thing when you voted to keep Morningside pool in the same place.
Commissioner Carollo, thank you for making that motion. Now Morningside Park
needs a new pool, and it should stay in the same place. As Commissioner Russell very
wisely said that day, "I'm not in favor of bringing it fully inland, away from the views
of the water, and having to move other amenities." But that's exactly what this plan
does, moving the pool to the basketball court, which causes a domino effect of
demolitions and rebuilding of eight amenities, basketball, playground, softball,
soccer, loop road, parking lots, palm garden, and restrooms. That's a waste of
millions that can be avoided with a simple, logical, common sense, win -win
compromise, change the flood zone. Here's how. They want to move the pool because
it's in a VE flood zone, the purple area on the map. The VE flood zone has no seawall,
that's why it's VE. At upper left, the VE flood zone curves and becomes an AE flood
zone because there's a three-foot seawall there. But the City is planning a six-foot
seawall. If a three-foot seawall creates an AE flood zone, a six-foot seawall will also.
The City can apply to change the flood zone from VE to AE. As Commissioner Russell
noted, that's' already been done in the Brickell area. I called FEMA (Federal
Emergency Management Agency). They said changing the flood zone takes 60 days.
That resolves the VE problem, no need to move the pool, and it avoids the expense of
moving eight amenities. Parks Director Barbie Hernandez said she's fine with either
location. The new pool won't block the view because it's set back 100 feet from the
bay, it's an elevated viewing platform, and it's only 160 feet wide, while the old pool is
315 feet wide. A wall of mangroves is what blocks the view, not the pool. The bayfront
location already has two parking lots. The inland location would overload the front
end of the park with parking demand. Please pass a commonsense plan that will help,
not hurt, the park with eight needless, expensive conflicts. Please amend the plan so
the new pool is built in the same location with an AE flood zone. The best place for
the new seawall is along the shoreline, as recently done at Wainwright and Pallott
parks. The seawall at Wainwright has boulders that were covered with marine life in
only 10 months. Pallott's shoreline had mangroves just like Morningside's, but they
were able to work around them to build a seawall. A shoreline seawall would be a
win -win, for Morningside. It raises the flood zone, protects the shoreline, helps the
environment, and preserves bay views and waterfront green space. The public enjoys
picnics, family portraits, and even weddings there, but those areas would become a
shoreline swamp under this plan. The red line shows how much of the waterfront
would be taken, 80,000 square feet. The plans show the excavation of the shoreline
down to the high tide level, which would actually promote, not prevent, shoreline
flooding, so mangrove seeds would drift in and sprout. They even drew mangroves on
the plan. We've been told that DERM (Department of Environmental Resources
Management) will permit removing any mangroves that sprout, but the park workers
have enough to do without constantly removing mangroves from 1, 800 feet of
shoreline. If we don't want sprouting mangroves, why go with a plan that allows
mangroves to sprout? Please amend the plan so the seawall is along the shoreline for
maximum public enjoyment, like you did at Wainwright and Pallott Parks. The
majority of Morningside Park users do not live in Morningside, and they don't know
about this latest plan because only Morningside was notified. They picnic on
weekends around the Loop Road, including many black families. Inside the Loop
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Road is the Palm Garden, there since 1953, supported by the South Florida Palm
Society, who've planted many, rare palms, installed irrigation and education signs,
and give free educational tours, all at zero cost to the City. Fairchild Tropical
Garden, Montgomery Botanical Center, and Morningside K-8 Academy have sent
support letters. But this plan would move 220 trees, demolish half the loop road to
rebuild it much smaller, and demolish and move the restroom. The Palm Garden has
a few puddles, 10 to 12 days a year, 3 to 4 inches deep. That can be fixed by adding a
layer of asphalt to the walkways and filling in the low spots with sand. Instead, the
plan calls for moving 220 trees, then adding 2 to 3 feet of soil. That's much more than
we need. This has nothing to do with sea level rise, only rainwater. Notice that when a
hole was dug to install a new sewer line here, they went down eight feet, which was
three to four feet below sea level, and the hole was dry. Moving these palms next to
the bay would risk transplant shock and saltwater exposure. These very large 70-
year-old trees probably can't be moved, nor should they. A petition with 2,100
signatures asks to keep those facilities in place. The Morningside survey said keep the
loop road configured as is. At the November 29th public meeting, Commissioner
Russell asked if we wanted to keep the loop road and the vote was an overwhelming
yes. But rather than keep the loop road as is, this plan shrinks it by half. We were told
the general plan would be driven by public input, but this draft ignores that public
input. In conclusion, please amend the plan to build the new pool in the same location
as the old pool, with an AE flood zone, place the new seawall along the shoreline,
keep the loop road, its parking lots, the palm garden, and restroom in place.
Chair King: Thank you. Thank you, Elvis.
Mr. Cruz: It's the common sense thing to do.
Chair King: Please no -- please -- please don't clap in here. Please. Thank you. Thank
you.
Mr. Cruz: Thankyou.
Chair King: Thankyou. Sir?
Orlando Gonzalez: Thankyou. Good morning, Chairwoman and Commissioners. I
don't have a fancy PowerPoint, so excuse my low tech. My name is Orlando Gonzalez.
I live at 180 Northeast 29th Street, Miami, Florida, 33137. I'm a member of the City
of Miami LGBT Advisory Board, and I was appointed by Commissioner Joe Carollo.
I'm speaking today as the Executive Director of Safeguarding American Values for
Everyone, also known as SAVE Dade, SAVE. We are South Florida's largest serving -
- longest -serving advocacy group for the LGBT community. I'm here to support the
Commission in urging lawmakers in Tallahassee to stop HB 1557 and SB 1834 from
becoming a law. This proposed legislation is known as the Don't Say Gay Bill. The
intent of the bill and the harm of the bill are really grossly at odds. It's a very sloppy
piece of legislation. This should not be passed because of the negative effects it will
have on LGBTQ youth. Thankyou to Commissioner Ken Russell, for bringing this item
to the Commission. I trust that our city will continue to support the community just as
it's done for many years. Thank you.
Chair King: Thank you.
Chair King: Ma'am? Ma'am?
Carmel Mulvaney: Yes. Hello, my name is Carmel Mulvaney and I'm 660 Northeast
56th. So Commissioner Carollo, I'd like to thank you. for making your previous motion
to keep Morningside Pool in the same place. That is the logical thing to do.
Unfortunately, the latest plan calls for moving the pool inland, which causes a chain
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reaction of conflicts with eight other park amenities, as Commissioner Russell
previously warned us, would happen if the pool were moved inland. The City now
says it wants to move the pool to avoid the VE flood zone, but the flood zone can be
changed by simply placing the proposed seawall along the shoreline. That can change
the flood zone from VE to AE as Commissioner Russell told us has already been done
in the Brickell area. Placing the seawall at the shoreline like you just did at Alice
Wainwright and Albert Pallott parks with an artificial reef will not only resolve the
flood zone problem, it will help the environment, protect the park from sea level rise
and storm surge and preserve the park from enhanced (UNINTELLIGIBLE) views. It
will also save the rest of the parkrom proposals such as shrinking the loop road and
endangering 220 trees by transplanting them from the palm garden to the bayfront.
Importantly this particular plan will negatively impact the local community of color
which has for generations enjoyed the loop road for family gatherings. This is all
common sense which would benefit the public's enjoyment and save a lot of money
and construction time. Thank you.
Chair King: Thank you. Sir?
Armando Fernandez: Good morning. Armando Fernandez, 4200 West Flagler,
Miami, Florida, 33134, District 4. Good morning, Chairwoman and Commissioners.
Thank you for the opportunity to speak here today. 1 am here to speak in opposition to
RE.5 opposing state efforts to modify the net metering legislation. I would like to start
-- I would like to start by saying that all this legislation seeks to do is adjust the rate
that utilities must pay for excess energy produced by private solar rooftop owners.
That's it. Very quickly, for those that are unfamiliar with net metering, it is a state law
that was passed in 2008 to spur the growth of what was at the time a prohibitively
expensive technology. The legislature -- the legislation mandated that utility
companies must buy excess solar energy generated by private rooftop customers at
the full retail rate. However, private rooftop solar owners are only providing a
wholesale product, the electricity. They do not provide any of the other services, such
as a billing department, a customer service team, or the maintenance of the grid that
is baked into FPL's retail rate. That leads to 99.5% of our customers that don't have
solar rooftop paying tens of millions of dollars to subsidize the ones that do. This has
a disproportionate impact on low-income and elderly customers. We don't think that's
fair. Why is this important, or moreover, why is this important to your constituencies?
Because we don't believe that your constituencies that do not have or cannot install
solar on their rooftops should pay for the ones that do. In fact, we estimate that
private rooftop solar owners, on average, receive a subsidy of about $90 a month or
$1,100 a year.
Chair King: Thank you. Thank you.
Mr. Fernandez: Thank you.
Chair King: Sir, good morning.
Don Worth: Good morning. My name is Don Worth. I'm a resident at 1390 Ocean
Drive in Miami Beach and I'm here to speak in favor of RE.9, the Marine Stadium
item. There's nothing like the Marine Stadium in all the world, but the main reason to
restore it is economic. The stadium gives Miami a bold new attraction, one of the five
great open-air venues in the world, easily on par with places in America, like the
Hollywood Bowl in L.A. or Red Rocks in Colorado. Another important reason, with
the exception of our beaches, most of our waterfront is accessible only to the wealthy.
At the Marine Stadium, everyone is a VIP (Very Important Person), everyone has a
water view seat. Though the stadium is beloved and iconic,. feasibility is vital. There is
strong interest in operating the Marine Stadium from experienced, qualified facilities
operators who see enormous potential. If not, I wouldn't be up here. I brought some of
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the most well-known names in the entertainment industry into the stadium, and I've
seen them gasp in amazement as they walk in. Four global brands have spent huge
sums to stage events at the stadium, even in its present condition, the most recent of
which was Louis Vuitton during Art Basel. And the stadium is a press magnet,
generating perhaps more press than any other single building in Miami in the last
year. We've had major stories in Sports Illustrated, Spanish media giant EFE, a 12-
minute feature coming up in the Discovery Channel of Great Britain this summer, and
today a big story in the Washington Post. Finally, by approving this resolution you
will not be spending large chunks of money at this time. You're simply allowing
additional feasibility work to continue so that the city can further refine its plan.
Please vote yes, and remember, there's nothing like it in the world. Thankyou.
Chair King: Thank you. Good morning.
Bruce Orosz: Good morning, Madam Chair, Commission. Thankyou very, much. My,
name's Bruce Oros from 5025 Collins Avenue, Miami Beach. I'm here representing
the Greater Miami Convention Visitors Bureau, and as Don just mentioned, this is not
only an iconic facility, it has also got incredible history that talks about and talks to
Miami and all of our guests and all of our visitors. As a world -class city, this
attraction and this location offers event producers incredible opportunities to be
unique, create the most interesting scenarios that people could go and visit, and it will
bring jobs. I have clients that are calling to use that, facility over and over and over
for not only short periods of stay but also long periods of stay. I encourage you to
vote yes. This will bring jobs. This is an economic engine. And I think together with
the rest of the event universe, this will be one of the most outstanding venues in
America. Thankyou.
Chair King: Thank you. Good morning.
Maria Gralia: Good morning, Madam Chair, Commissioners. My name is Maria
Gralia with offices at 150 West Flagler. I'm here in opposition to FR.2. I represent a
few -- various business owners that may be affected by this Ordinance, in particular
Madroom Hospitality, Los Altos, Little Havana Bungalows, to name a few. I truly
believe with the limited information that we received on on this ordinance that just
based on that very limited information that this ordinance is unconstitutional. I have a
list of items that just basically we reviewed yesterday evening that we found to be
problematic. I ask, this Commission, why is this ordinance being brought forth today?
Who brought it forth? We know it's Commissioner Joe Carollo. What was the
purpose? Has anybody clone a study? Is this actually needed in the City of Miami?
Did people come out and say we can have the Code Enforcement Board actually
mitigating fines of non -homesteaded property owners? What brought this forth? I
know, I have a feeling, I think I know, all of you should ask, why now? Why is this
being brought forth? Have you done your work, your research? Is this actually a good
thing for the constituents of the City of Miami. Even though there's a provision in this
ordinance that says it's not going to affect non -homesteaded properties, how many
people own property here that are not non -homestead? A lot of landlords that are
going to be affected by this ordinance. I ask that you all investigate this and research
it. Ask your Code Compliance Director i f he is in support, ask your City Attorney to
research why this is now coming up today. And I can go briefly through my list of why
I believe this is unconstitutional, just to name a few. We're still doing the research,
but we believe that this ordinance jails to provide any discretion to the Code
Enforcement Board --
Chair King: Thank you.
Ms. Gralia: Thankyou.
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Chair King: Thank you. Good morning.
Neil Robertson: Good morning, Madam Chairperson and Commissioners. My name is
Neil Robertson. I live at 5991 Northeast 6th Court. I've been a Morningside resident
since 1983. I'm here on two, this Morningside event and also the Marine Stadium.
What the opponents of this plan seem to misunderstand is this is a conceptual plan
that the City has put forward, all the pieces are still moving parts. We just need you to
say, "Okay, move ahead and give us the money to do it." We've been coming down
here for years looking to have the park improve, looking to have the pool reopen,
looking to have new playground equipment, new facilities. This is a 1953 airport, an
airport, listen to me, a park that no longer serves the needs, not just of Morningside,
but the whole Northeast community. We need a pool that interacts with children
because the neighborhood is filled with children, the area is filled with children. We
need a park that addresses the needs of today's society, not a society of 60 years ago.
The idea of a seawall does not help the bay. The design that is there not only protects
the park, but it also helps the bay and its survival, which is a consideration far beyond
the needs of us. With regards briefly to the Miami Marine Stadium, I was served on
the Dade Heritage Trust. I'm very interested in this project. I know the architect
involved. I know this is a good and healthy thing that the community needs. This isn't
just Miami's treasure. This is the United States' treasure. It is recognized as totally
unique almost worldwide. You need to move forward to preserve that. Please vote to
preserve Morningside Park. Move the money so we can then fight later about where
the pool goes or where the playground is, or who gets what portion of it. That's later.
Right now we need you to say yes, go forward.
Chair King: Thank you.
Mr. Robertson: Thank you.
Commissioner Russell: Neil was a kid when we started that project.
Chair King: Good morning.
Jeff King: Good morning. I am Jeff King, Morningside resident at 546 Northeast 57th
Street. I want to express my support for RE.3 for Morningside Park. The open
shoreline and bay views are at the top of my priority list and this plan addresses it. As
far as the pool goes, since it has to be replaced, I'll keep advocating for bay views and
so I'm in favor of moving it off the bayfront. Putting it on higher ground will make
construction easier and move us faster to completion. Please vote in favor of RE.3.
Chair King: Thank you. Good morning.
Bill Talbert: Good morning, Madam Chair. Bill Talbert, 1601 Nocatee, Miami,
Florida, 33133. On two today. I'm glad to be here. This is probably one of the easiest
times. Also, I want to reinforce what Board Chair Bruce Orosz said, representing the
Greater Miami Convention Visitors Bureau. I've been here many times. This is
probably the easiest testimony I've ever given. I've been in this community for 52
years. One of the first things I did was enjoy Miami Marine Stadium. I'm a big fan of
the Miss Budweiser. I also saw concerts, Jimmy Buffett, and I maybe at one point may
have seen the Easter sunrise services, I don't actually remember. But in destination
marketing, what we do, you need to distinguish yourself from the competition. Miami
distinguishes itself from the rest of the world with Miami Marine Stadium. It's a gem.
Nobody else has it. And there's business, as Mr. Orosz says, business we haven't had
in the past that will go there, but concerts, it's a venue that supports meetings and
conventions. It's also for the community to enjoy. So please, please, please, RE.9, vote
yes for the future and distinguish yourself from the competition as you do every day.
Thank you for listening.
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Chair King: Thank you. Good morning.
Rachel Furst: Good morning. My name is Rachel Furst. I'm a resident of 570
Northeast 57th Street and 1n here on behalf of myself individually and also as the
president of the Morningside Civic Association to ask you to vote yes on RE.3 to
support funding for Morningside Park. Our Civic Association represents more than
185 residents, and the Civic Association has voted in favor of supporting this
resolution of the City. The City has spent years researching, studying, conducting
outreach, hosting meetings, all of which I've been to, and has developed a thoughtful
plan that provides many new amenities for the park, including a dog park, a
thoughtful playground, a new basketball court, and it moves the pool to an efficient
location that does not block bay views, that's on higher ground, and that's abutting
right next to the park other high -impact amenities, the tennis courts, the basketball
courts. It's a thoughtful location for the pool. But the plan also provides a really
thoughtful approach to the shoreline. It provides paths for access to the water, it
opens up the water to park users, it preserves bay views, and it guards against
flooding. We already have a natural shoreline in Morningside Park and this plan
preserves the existing shoreline. It also keeps the loop road, which is important to
preserve vehicular access to the picnic areas and the other park amenities. And it
preserves the palms that were planted by Mr. Cruz and the Palm Society. Bottom line,
Morningside Park needs funding. We've watched for years as other parks have gotten
funding and it's Morningside's turn. So please support RE.3, vote in, favor, invest in
this park for the future, it's Morningside's turn. Thank you, Commissioners.
Chair King: Thank you. Good morning.
Natalia Brown: Hi, good morning. My name is Natalia Brown and 1 serve as the
Climate Justice Program Manager at Catalyst Miami with offices at 3000 Biscayne
Boulevard. And essentially, I work to ensure that we're minimizing harm and creating
fair opportunities, particularly for residents who are of low wealth to benefit from our
response to climate change. I'm here to talk about RE.5. And first off thank you,
Commissioner Russell, for bringing this resolution forward. I'm here to ask for your
favorable vote on the item SB1024 and HB741 undermine our rights to benefit from
rooftop solar as a growing industry, as an investment for current and aspiring
property owners of all kinds, and as a form of increasingly affordable climate tech
that supports our ability to cope with the burdens of rising utility costs and extreme
weather. As you heard, rooftop solar enables traditional utility customers to become
producers of clean electricity. And the State Bill takes aim at net metering, which is
that billing mechanism that credits rooftop solar customers for the power that they
produce, not only the excess. If and when you generate more electricity that you need,
that can be sold hack on the grid. And that local power has been studied extensively
and proven to not only improve the grid efficiency, but also resilience when we're
responding to storms that cause shutoffs. Of course, it also helps customers more
actively manage their energy use and benefit from the cost savings. State lawmakers
are enabling this bill to move closer to becoming law without regard to the local
interest at stake or scrutiny that this issue has received from the Public Service
Commission and their regulators. They actually conducted a workshop on net
metering in 2021 and found that no change to net metering was justified or necessary
at this time. The bill is being driven by unvetted and very, vet), incomplete
information. It's no way to make energy policy, especially one that's poised to kill
thousands of family sustaining jobs throughout the State and deny a fair solar choice
.for millions of residents. The proposed changes right now to net metering would
effectively exclude --
Chair King: Thank you.
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Ms. Brown: -- low-income customers from rooftop solar.
Chair King: Thank you.
Ms. Brown: Please vote for the resolution.
Chair King: Good morning.
Carrie Jackson: Good morning. Carrie Jackson, 2832 Emathla Street, Coconut
Grove. I'm here to talk about the Morningside Park Plan. The latest plan calls for
moving the pool inland, which causes a chain reaction of disturbances to eight other
park amenities. Moving the pool to avoid the VE flood zone is pointless because the
flood zone can be changed by installing the seawall. This change can change a flood
zone from VE to AE. An example of this has been done in the Brickell area at Alice
Wainwright Park. They also installed an artificial reef which will not only resolve the
flood zone problem, it will help the environment, protect the park front storm surge,
preserve and enhance the bay view and the recreational waterfront we now enjoy in
Morningside Park. The plan ofplanting mangroves in front of the seawall is also a
bad idea. It will be a false sense of security against a storm surge and a waste of
effort and money. Fixing the pool rather than moving it will save the rest of the park
from disturbing proposals such as shrinking the loop road and endangering 200-some
trees by moving them from the Palm Garden to the Bayfront, where they will be the
first to go in the next storm. Moving trees is an exuberant waste of money. The
flooding issues can be resolved without radical changes proposed. Thank you.
Chair King: Thank you. Good morning.
Robert Stein: Good morning. My name is Robert Stein. I'm a resident of Morningside,
residing at 455 Northeast 55th Street, Miami, Florida, 33137. Madam Chairwoman
and Commissioners, thank you for taking the time to consider this important issue and
safeguard what we think we all consider to be an incredible city asset that has
unfortunately suffered from years of neglect. There's a lot to like in the plan, but it's
still conceptual. You know, I wanted to address something that I think, you know, is
something that a silent majority of us have been dealing with, which is that
unfortunately well-intentioned but generally misguided efforts to micromanage and
second-guess subject matter experts and the City's attempted investment in the park
has locked it into something worse than purgatory. Why is it worse than purgatory?
Because while we remain held hostage by special interests, the park and the greater
community continues to suffer from sea level rise, from degradation of infrastructure,
and from a general lack of investment. Rather than just providing public comment, the
opposing minority seeks, without qualification, to micromanage the City's process and
to second-guess subject matter experts who have spent significant time and effort
trying to balance the interests of all of the city and the park's users, not just the views
of a few. Without trust in subject matter experts, we're reduced to a myriad of
contradicting opinions and special interests, and we're blind to the exact type of
obstacles which only environmental, urban planning, and engineering experts are
qualified to opine on. Although I'm here in my personal capacity as a resident of
Morningside, I'm also an attorney who has appeared from various boards in the last
couple weeks and months, and I can tell you I know that the city knows how to act in
the public interest and to act decisively. I'm here to ask you to do that very thing and
to act to provide for Morningside Park, just as you've provided for other great parks
in the city. It's our turn and we really appreciate your efforts.
Chair King: Thank you. Good morning.
Rene Contreras: Good morning. My name is Rene Contreras. I'm also a neighbor of
Morningside and board member. Pm here to support the RE.3 Morningside Master
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Plan. I think as you're going to hear today, we all have our opinions, but I trust our
elected officials to move forward with a plan that our elected officials brought to us.
And we would like. for you to please support it so we can move forward with funding
and protect our park. Thank you.
Chair King: Thank you. Good morning.
Alecia Stein: Good morning. My name is Alecia Stein. I'm also resident of
Morningside at 455 Northeast 55th Street. I'll keep it brief and probably can't say
better in terms of being a proponent for RE.3 as you've heard today. Just also
expressing my support with moving forward for the conceptual plan so we can make
the progress that's much needed and overdue. Just one point I'd like to make is that I
think it's a bit of a misconception based off of attending the meetings and hearing the
explanations about the conceptual plan that singly moving the pool results in this
cascade that we're hearing over and over again. That part of the plan that needs to
happen and all the removing of parts is also for flood mitigation and there's
infrastructure support that is also feeding in into the need for all of these moving
pieces, not just a matter of the pool being moved. So, I'm in support of the conceptual
plan and please vote affirmatively. Thank you.
Chair King.. Thank you. Good morning.
Tatiana Loza: Good morning. My name is Tatiana Loza, also a resident at
Morningside. I'm here also to ask for you guys to support the plans that we have for
Morningside. Like Rachel said, it's time, it's Morningside's time now. I have two
children. We visit a lot ofplaygrounds, a lot of parks around Miami, and it's clearly
that Morningside needs its care. So we ask you to please vote yes. Thank you.
Chair King: Thank you. Good morning.
Michelle King: Good morning. My name is Michelle King and I live at 546 Northeast
57th Street. I'm here to ask you to vote in favor of RE.3. I've worked in public service
for nearly two decades and the pandemic has made one thing very clear to me,
Morningside Park is essential to the citizens of Northeast Miami. It's thrilling to see
folks from all walks of life enjoying the park. Many of my colleagues learned to swim
in the pool in Morningside Park. I regularly see families picnicking, playing ball,
fishing, taking wedding and graduation photos in the park. It needs to be updated. It
needs some love. The children of Northeast Miami need a place to learn to swim and
to explore the wonders of nature, and this plan supports that effort. Miami's
waterfront needs to be open to the public, with no buildings blocking bay views. We
need the funding for the park, and we need it now. I appreciate your support, and for
the sake of the citizens of Miami, I respectfully request that you vote in favor ofRE.3.
Thank you.
Chair King: Thank you. Good morning.
Carolina Barberi: Good morning. My name is Carolina Barberi and I live in
Morningside at 463 Northeast 55th Terrace with my husband and my two kids and I'm
here to support the RE.3 for Morningside Park. I would love a park that my kids and
hopefully, their kids can enjoy for many years to come. I ask you to please vote in
favor. Thank you.
Chair King: Thank you. Good morning.
Paula Suarez: Good morning. My name is Paula Suarez. I am a resident at 5990
North Bayshore Drive, Morningside Resident. I'm here to express my support for R3
[sic] -- RE.3, for Morningside Park and ask for you guys to please vote in favor of the
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conceptual plan. I look forward to being involved in the details of the plan after the
concept has been approved. Thank you very much.
Chair King: Thank you. Good morning.
Lindsey Wolfson: Good morning. My name is Lindsey Wolfson. 1 am a fourth
generation Miamian, a mother of two, a resident of Morningside at 541 Northeast
53rd Street, and an elected board member of the Morningside Civic Association. I'm
here today to encourage you to please approve RE.3, the Conceptual Design Park
Master Plan to improve Morningside Park. The plan reflects all of the major
upgrades necessary to bring this beloved park back to its glory days, including an
improved living shoreline with increased visibility and bay access, resiliency from
flooding and sea level rise, it remediates drainage issues and adds new amenities. The
City did a stellar job filtering through and smartly incorporating the feedback it
received from the community over the years. The new pool location next to the
clubhouse is consistent with the community's desire for increased visibility and bay
access, and it also facilitates after -school and summer enrichment programs in a
central recreational center and will allow for more efficient management and
maintenance of all recreational facilities. The MCA Park Committee held a public
Zoom meeting earlier this week to discuss the City's proposed conceptual park plan.
An overwhelming majority of the participants expressed strong positive reactions to
the City's conceptual plan. The community at large is in agreement. We want to see
City funds invested in park improvements, including a pool, improved shoreline and
bay access, and resiliency from flooding. Thank you for your time and attention you
are devoting to Morningside Park. I encourage you to vote yes on RE.3 for our
children. Thank you.
Chair King: Thank you. Good morning.
Nabil Haschemie: Good morning. My name is Nabil Haschemie. I'm also a
Morningside resident. I reside at 498 Northeast 50th Street. Dear Chairwoman,
Commissioners, I'm here also to express my, support for RE.3. Morningside Park is a
beautiful park with beautiful trees, beautiful views, but it's deeply outdated. I have two
young children. We are in the park every day, and we think that it needs funding for
improvements. The flooding is a really bad issue, and the infrastructure for activities
can also be improved. I think the pool location should not hinder us from moving
forward and creating a great park. Thank you.
Chair King: Thank you. Good morning.
Rene Gonzalez: Good morning. My name is Rene Gonzalez. I'm an architect here in
Miami. I'd like to speak on behalf of the Miami Marine Stadium and to obtain your
support. I would like to pass out an article to the Commissioners from the Wall Street
Journal. So, I am here to speak as a Miamian that loves his city, but also as what
would be the equivalent of an expert witness. I have been fortunate as an architect to
be recognized internationally, published in the New York Times, the Wall Street
Journal, the London Financial Times, featured on Netflix. So I would like to testify,
about the importance of this building without really saying a lot and keeping it brief.
This is an iconic, daring, progressive, heroic piece of architecture. In the 90s, when I
first came to Miami, I used to attend dinners and social gatherings and I think the
only thing I could agree with was with people as we spoke about architecture in our
city is the importance of this building. So I urge you to support this. This building has
been in its current state since 1992. That's the same age as my daughter, 30 years.
Please move as quickly as you can to support the restoration of this building. Thank
you.
Chair King: Thank you. Good morning.
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Jacqueline Krijger-Degwitz: Good morning. My name is Jacqueline Kreger-Degwitz.
I live in Morningside on 690 Northeast 50th Terrace. I am here to give my support for
the plan on RE.3. And also I know that it's all going to take a very long -- well, it is
going to take some time. So I would really like you to consider also a temporary idea
for the pool to put three more floating docks in the water and you have a pool there
also. And 1 have been swimming in the bay for three years now and I've been very
healthy, so 1 really recommend it.
Chair King: Thank you. Good morning.
Cynthia Ottchen: Good morning. My name is Cynthia Ottchen. I live near
Morningside, in Bayside, at 697 Northeast 72nd Street. I'm here to talk about RE.3,
the Morningside conceptual plan. I have worked for Pritzker Prize winners in
architecture in London for Zaha Hadid and Rem Koolhaas. And I'm very familiar with
urban issues. 1 find there seems to be some problems with the plan in my view. From
an urban point of view, I don't feel that planning mangroves along the shoreline is a
good idea. One of the axioms I learned in school was that the public should always
have a view of the water. You should always have the public be able to get to the
water edge. Another thing that I think the plan misrepresents a little bit is the idea
that you have to move the pool and that the pool has to be so high. The pool can
simply be sunk into the ground and the height of the building be where it is. You just
need a pump that, you know, is raised and those are special pumps, but they're widely
available. So I think the pool can stay where it is, but the park badly needs
maintenance and it needs a new pool, building, and it needs the pool sunk and I
believe that the palms would be best where they are and not endanger those. Thank
you.
Chair King: Thank you. Good morning.
Christine Rupp: Good morning Chairwoman King, Commissioners. Christine Rupp,
Dade Heritage Trust. I'm here speaking on item RE.9, the reauthorization offunding
for the Miami Marine Stadium. And if you'd be so kind, I'd like to read a letter that we
received last night from Jimmy Buffett regarding the Marine Stadium. It's to the
Miami City Commission from Mr. Buffett regarding the preservation of Miami Marine
Stadium. I am writing you to provide my wholehearted of support for the preservation
of the Miami Marine Stadium. The need to save the Miami Marine Stadium for our
future. Like a snowbird relative, it just won't go away, visiting you this winter who is
still in your guest room, and to me that is a good thing. That little Cathedral of
Musical Fun is still a big part of Miami history. It was the vision of Hilario Candela
after he fled Cuba for Miami, and it is named for Ralph Monroe, the Renaissance
sailor who discovered the beauty of Biscayne Bay long before any of us. Even in its
present state of disrepair with graffiti -saturated hallways and walls, its tenacious,
symbiotic desire to remain entrenched to the shores of Biscayne Bay is as strong as a
conch's love for its shell. Coconut Grove was where Ifirst landed in South Florida.
And while I was not the fast singer born in Miami who had splashed around the bay,
that was Elvis Presley who sped around the course to a cheering crowd in the stands
in a hydroplane to the climatic finish in the 1967 movie Clambake filmed at the
stadium.
Vice Chair Carollo: I'm sorry, if I could interrupt you for a minute. Don't talk
anymore about Elvis because you might upset some people.
Ms. Rupp: Okay.
Vice Chair Carollo: Forget Elvis.
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Ms. Rupp: Okay.
Vice Chair Carollo: Thankyou.
Ms. Rupp: He's not in the house.
Vice Chair Carollo: Okay.
Ms. Rupp: Dreams do come true and in 1985 I finally made it to that stage as a
headline performer. Those were the Miami Vice days and Don Johnson introduced us,
the Witko Desperados from Trinidad opened the show, and the Coral Reefer Band
finished the night with what I think was one of the most fitn shows for bands -- for the
band and fans that I have ever done. And as promised, I leapt from the stage into the
bay to finish the performance.
Chair King: Thank you.
Commissioner Russell: Madan Chair. Could I ask that the letter be submitted to the
Clerk so we can read it?
Chair King: Please.
Commissioner Russell: Thank you.
Chair King: Good morning.
Ulysses Kemp: Good morning. My name is Ulysses Kemp. I reside at 76 Northwest
39th Street, Miami, president of Buena Vista Heights Neighborhood Association. And
I'm here to say that we need to move forward with Morningside Park and pool
because of the fact that this has been going on for so many years and it's been
neglected for such a long time. However, there are three major issues that I think
need to be addressed. One was the loop road because we needed to maintain it and
Commissioner Ken Russell, you've been at a lot of the meetings where everyone said
keep the loop road the same as it is. Maintain the loop road. And also the pool. We
need to have an up-to-date pool. We need a new pool, something that everybody, all
the kids can learn how to swim and have all the amenities that go with restoring -- not
restoring, but replacing the pool and have it in its original location. And that can be
done by utilizing the appropriate seawall, as such as what you've done at Wainwright
park and it also allows the shoreline to maintain at the same location and not being
encroached into the park, actually giving us less of the park area to use with the new
plan that's proposed. So please, revise your plan, provide the funding for Morningside
Park and pool and keep it in the same location, but put the appropriate shoreline and
seawall so that it can be maintained at its present location. Thankyou.
Chair King: Thank you. Good morning.
Mayra Joli: Hello. I heard somebody at the podium, this is Mayra Joli here, I heard
somebody at the podium saying something about the Don't Say Gay Bill. That's a
mischaracterization of the bill. It's not called Don't Say Gay Bill. It says parents are
the ones who have the best interest of their children at heart. We don't want the over-
sexualization of our children in school. That's what it's called. Now, the other portion
of this is that I have sent all of you the invitation. fbr Fashion Night on Brickell, which
is raising funds, for Miami Rescue Mission. I am doing the job that everybody should
be doing in trying to eradicate homelessness. Not to benefit the homeless, but to
eradicate homelessness. But up to this day, none of you have responded. None of you
have responded to my emails, to all of you letting you know that this event is
happening today at Supercars Room Miami at 6: 00 p.m. I ask you to bring your time,
City of Miami
Page 19 Printed on 04/11/2024
City Commission
Meeting Minutes February 24, 2022
your talent, or your treasure. Not the money that the taxpayers give to you, and
certainly not to use the -- asking for $5 million, but you're going to give Noriega
$250, 000 so he can spend $5 million to avoid homelessness, to save people from
losing their homes. Morningside, if fyou're not careful, that's gonna be the homeless'
next home thanks to all of you. Goodbye, see you tonight. Fashion Night on Brickell.
Supercars Miami and Wynwood.
Chair King: Good morning.
John Calkins: Morning. Pin here to support funding for -- well, I'm -- my name is John
Calkins. I live at 431 Northeast 51st Street in Morningside. I'm here to support
funding for the improvements at the park, but I have two caveats. There are two things
that I think are important. One is a swimming pool and the other is the view, the bay
view. Moving the swimming pool from its current location does not make sense for
several reasons. One is, from that deck where the pool currently is, I've lived in the
neighborhood for 45 years. we used to swim at it all the time. The location is great.
You have the best view of the bay that you're ever going to have from that pool deck.
Without that pool there, you're going to have no view of the bay because all there is
right there in between the bay and the pool is mangroves. But you can see over the
mangroves, you have an elevated pool deck. It's a wonderful location. There's no need
to change it. It causes all sorts of other changes in the park. Second issue that 1 have
is with the proliferation of mangroves along the shore. We already, have an
overgrown area in the park that's the tidal basin, and it's completely overgrown with
mangroves. It's choking the drainage. That's why we have a drainage problem, one of
the reasons. And they go unchecked, and you can't stop them once they're in place. I
think there needs to be a very strong determination by this Commission that you will
not allow the proliferation --
Chair King: Thank you.
Mr. Calkin: -- of mangroves on the shore.
Chair King: Thankyou.
Mr. Calkin: You're welcome.
Chair King: Good morning.
Rob Pollock: Good morning. I'm Rob Pollock. I live in Morningside at 5724 North
Bayshore Drive. I'm here to support RE.3. Miami's biggest and arguably most
beautifully situated park needs help, and this plan provides it. Even though I don't
agree with some components, I do agree with the overall revitalization of the park,
just as the expert City staff has presented. It is a park in a great location, but it is
getting along in the tooth. It will appeal to and attract more people. Even if I did not
live in Morningside and I did not use the park daily, I would still be here today. This
city needs an improved Morningside Park. I feel if you improve the park, you improve
the city, you improve more people's lives. Please vote in favor of RE.3. Thankyou and
have a great day.
Chair King: Thankyou. Good morning.
Douglas Brocker: Yes, good morning. Doug Brocker, Morningside. I'm here to talk
about the park. I live at the 538 Northeast 55th Terrace. And thanks for hearing all of
us. Our support, or at least my understanding of everyone's support of this is based on
several. facts that were represented to us on Monday. One is that things like the
location of the park can still be discussed -- I mean, the location of the pool can still
be discussed. What we're trying to do today is move forward with the funding. I think
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Meeting Minutes February 24, 2022
everybody's in agreement that we're not going to try and rebuild the pool. Let's get the
funding. Let's put up a pool. Let's decide where it goes. Another thing that we were
told was that we're not going to have the nature conservancy swamp shoreline. There
will be no new mangroves that will be coming in, but the existing mangroves will stay.
So as John Calkins said, where the pool is now, it's already overgrown with
mangroves, and you can't see the shoreline anyway. It's other places where we want
to preserve the view, so it can stay there if that's what everybody decides, but there
needs to be further discussion. My personal view is, we have a quiet neighborhood
with a park that closes down at dusk, and if we have a sports complex where we have
two basketball courts instead of one, now we have eight tennis courts, we have a pool,
and a huge parking lot right at the end of 55th Terrace, then we're destroying the
quiet neighborhood feel that we currently have. That's why a number of the amenities,
the loop road, the parking there, are within the park. And then likewise, the shoreline,
we have a living shoreline already. We have mangroves already. And where we have
a view, there are other ways to enhance the water environment like oyster reefs and
whatnot. I want to talk about the drainage very quickly because there's two types of
flooding we have. One is there's moderate shoreline sea level rise during the King
Tides, but the huge flooding problem we have in Morningside is after a rainstorm,
when there's a big rainstorm, water goes down the streets --
Chair King: Thank you.
Mr. Brocker: This is something I don't think's been covered.
Chair King: Thank you.
Mr. Brocker: Okay, alright.
Chair King: Morning.
Alan Danvers: Good morning, Alan Danvers. 1 live in Morningside speaking on RE.3.
Dear Commissioners and Mayor, on the 23rd of January 2020, you made a sensible
motion, carried five to nothing to leave the Morningside Pool in its present location,
and directed City staff to design the renovations accordingly. Abnost two years later,
in November 21, at a public meeting in the park, we were presented with a plan that
incorporated your instruction and kept the pool in that location. At the same meeting,
alternate options were presented, relocating the pool inland to clutter up the central
area of the park, supposedly due to flood zoning considerations. Unfortunately,
moving the pool means eight different park amenities also have to be moved, in effect,
completely redrawing the park and destroying its character. 10 days ago, we were
presented with yet another plan, again with the pool being relocated, and again
negatively impacting the park's character. Additionally, a shoreline plan is being
advanced by outside corporate elements which, within five years of installation, will
ensure that our park is no longer a park with an accessible bay shore. Please direct
your staff to proceed without further delay to execute a shoreline plan that allows the
redesignation of its flood zone from VE to AE, that enhances the park, defends the
neighborhood, and allows the pool to be rebuilt at its present location. The present
location is the place that the park was designed to accommodate a community
swimming pool. Morningside is Miami's first historic district and the park's design
elements, such as the loop road and the pool, are a part of the historic character of
the neighborhood. When one buys a historic home, the appliances might get a refresh
and an upgrade, but putting the kitchen in the place of the en suite bathroom is not
something any thinking person would do. Please do not disfigure our park and our
neighborhood with this crazy quilt of a plan that nobody asked for.
Chair King: Thank you.
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Meeting Minutes February 24, 2022
Mr. Danvers: Thank you.
Chair King: Good morning.
Maria Arisso: Good morning. My name is Maria Arisso. I live at 650 Northeast 52nd
Terrace in Miami, Morningside. I have been a resident for the last -- since 1 was 11
years old and I'm now 67. And 1 learned how to swim at Morningside Pool, and I
would like to request that monies be allotted for the improvement, but to keep the pool
in its proper place, to keep the loop road, and to keep the park improved. They just
made a new children's playground, and that would have to be moved. So please save
money and keep the pool where it is, and all the amenities. Improve them but keep
them as they are. Thank you so much for your time and for your interest in the city
and for the job that you do. God bless. Thank you.
Chair King: Thank you. Good morning.
Jonathan Ramie: Good morning. Hi, my name is Jonathan Rafe, 499 Northeast 55th
Terrace in Morningside. Madam Chairwoman, Commissioners, Mr. Manager, I'm
here in support of RE.3, support of Morningside Park. As you've heard from many
people today, there's a lot ofpassion about Morningside Park. A lot of us love the
park dearly, and the parkss in need of improvement. It's going to be very difficult for
every single person to agree on every element of the park, but I think one thing you've
heard is all of us really love this park. All of us need the City's support. All of us need
the City's help. All of us need the City's funding to make the park a better place, to
make the park something that the City of Miami, its residents, its Commission, its
Administration can be proud of, can showcase to the world. It's an incredible asset.
My kids go to the park every day. I go to the park multiple times a week. The park
needs a drainage plan. The park needs significant improvement. Please, please
support Morningside Park. Support a plan to improve the park. Thank you very much.
Chair King: Thank you. Good morning.
Eli Stiers: Good morning, members of the City Commission. My name is Eli Stiers. I
live in Morningside at 509 Northeast 57th Street with my wife and three children. I
also work in the City of Miami and own a business in downtown. I was one of 15
people or so who came and spoke on this item the last time it was before this body,
and it was deferred. And I'm here before you to speak in support of RE,3 and support
of the City's plan to renew and to preserve Morningside Park. This is actually the
fourth or fifth time this body has considered this issue and improvements to
Morningside Park. And it's multiple times I presided over this issue. I'm a former
MCA chair. I was the chair of the City's Parks Advisory Board for six years. We've
been discussing improvements to Morningside Park now for almost a decade. Now is
the time to act. I bring this up to demonstrate that the City has really tirelessly
workshopped this project and the improvements to this park. Over the course of the
last eight years, we have had meetings with mayors, with city commissioners, the
subject matter experts have weighed in, the professionals have weighed in. Now is the
time to act. Now is the time to move forward. The plan before you is certainly not
perfect, but it is as close as possible as we will ever get to satisfying the needs of the
various constituents that use this park in the City of Miami. I will leave you with this.
In 2018, I appeared before this body to oppose a vote by the City HEP (Historic and
Environmental Preservation) Board which sought to designate this park as a historic
park. A group of homeowners appealed that decision and this Commission voted in
favor of that appeal overturning the HEP Board decision. It was a 4-1 vote including
votes by Commissioners Carollo and Commissioner Reyes. At that time,
Commissioner Reyes, I remember very well that you said, cities are living, dynamic
things. They change, they grow, they evolve. And there is no reason why parks should
not do the same. Parks should not be locked into the same footprint or the same
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Meeting Minutes February 24, 2022
design that they were originally held. And this park was designed in the 1950s.
Beautiful parks serve the city very well, but it has exceeded its life expectancy. We
need a park that meets the needs of 2022 City of Miami residents and that preserves
the park for the future. Thank you.
Chair King: Thankyou. Good morning.
William Harris: Good morning. My name is William Harris. I'm a resident 680
Northeast 64th Street. And speaking about the Morningside item, 1 love Morningside
Park. 1 run the park every day and I used to use the pool a long time ago. I'm a
resident of nine years. Now I use the Shenandoah pool, which is amazing. I do agree
that we need the pool fixed, butt love the location. I think that we should keep the
location of the pool because it's very unique. Here in the City of Miami we don't we
don't have very many pools that are right on the water. You have an amazing view,
and we have an amazing kayaking opportunities as well. And one thing I'm -- another
thing I'm concerned about the plan other than the pool location is the loop road. A lot
of people use that road to barbecue and there's lots of parking for the kayaking too,
and so it'd be a shame if we lost those opportunities to park. But it's an amazing park
and it does need to be redone. And also fixing the slope for our flooding issues,
because it does flood in the park very badly when it rains. And thank you, thank you,
commissioners.
Chair King: Thank you. Good morning.
Mercedes Egaid: Hello, good morning. My name is Mercedes Egaid. I am here to
support the application PZ.4. I live in downtown at 245 Northeast 14th Street and
what I like most of our neighbor is that we can walk, we can go to the supermarket,
we can go to our cafes and restaurants and mostly to walk to the bay. I use a lot
Margaret Park. I have three kids so I think this project will help us to have the
continuity of the Bavwalk that we need, all the neighbors need in this neighborhood.
Thank you.
Chair King: Thankyou. Good morning.
Juan Corotto: Hi, good morning. My name is Juan Corotto. I live in 245 Northeast
14th Street in Miami, Florida. I'm coming here to support the application for the PZ.4
area reserve. Living already in the area, in the neighborhood, for about eight years, I
can tell you that, you know, we need to support projects like this that warrant
(UNINTELLIGIBLE) access, you know, to all the neighborhoods. You know, you can
walk your dog, you can go with your kids, and you have the right access to the
Baywalk Also, granting the connection of all the projects along the shore of the
Baywalk. And also, well, mostly of the streets are always like dead-end streets or, you
know, places that they dump trash. There are no lights. So actually, projects like this
bring security and safety to all the community that we really needed for a long time.
Thankyou so much.
Chair King: Thank you. Good morning.
Tomas Delgado: Good morning, my name is Tomas Delgado. I am here in support of
PHZ.4 [sic], the application for area reserve. I represent five units in the building at
23rd Street. I'm here to support this application because it's a wonderful project and
we've been to the area (UNINTELLIGIBLE) beautiful open space and, you know, we
are very excited with this project, and for this and many other reasons, I ask you for
the support, for this project. Thank you.
Chair King: Thank you. Good morning.
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Maximo Cuesta: Good morning. My name is Maximo Cuesta. I live in Biscayne
Boulevard on 25th Street. I come here to support the PZ.4 application. I also work in
23rd Street and 4th Avenue and I work every day for the blocks where this project is
going to be. I'm very enthusiastic about the Baywalk, but I also -- I live there since
2007. I see the transformation of this part of the city. This is an area that needs
develop -- development to become a safer place, a clean place. Thank you very much.
Chair King: Thank you. Are there any other persons here for public comment? Seeing
none, 1 will close the public comment period now.
AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
MV - MAYORAL VETO(ES)
NO MAYORAL VETOES
There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor.
Victoria Mendez (City Attorney): Madam Chair, I believe Commissioner Reyes has a
pocket item, but we're still working on it.
Commissioner Reyes: We're working on it.
Chair King: Right, he explained that to me.
Ms. Mendez: Okay, perfect.
Chair King: So, Mr. City Clerk, do we have any mayoral vetoes?
Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes.
END OF MAYORAL VETO(ES)
City of Miami Page 24 Printed on 04/11/2024
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Meeting Minutes February 24, 2022
CA - CONSENT AGENDA
CA.1 RESOLUTION - Item Pulled from Consen
11330
Department of
Procurement
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING THE PROPOSALS
RECEIVED FEBRUARY 11, 2021 PURSUANT TO
REQUEST FOR QUALIFICATIONS ("RFQ") NO. 1250387
FROM ASHBRITT, INC., A FLORIDA PROFIT
CORPORATION; CERES ENVIRONMENTAL SERVICES,
INC., A FLORIDA PROFIT CORPORATION; CROWDER-
GULF JOINT VENTURE, INC., A FLORIDA PROFIT
CORPORATION; DRC EMERGENCY SERVICES, LLC, A
FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED
TO CONDUCT BUSINESS IN FLORIDA; AND T.F.R.
ENTERPRISES, INC., A FOREIGN PROFIT
CORPORATION AUTHORIZED TO CONDUCT BUSINESS
IN FLORIDA, FOR THE CITY OF MIAMI'S ("CITY")
DEPARTMENTS OF SOLID WASTE, PARKS AND
RECREATION, AND RESILIENCE AND PUBLIC WORKS
FOR THE PROVISION OF STANDBY EMERGENCY
DEBRIS AND DISASTER RECOVERY SERVICES ON AN
AS -NEEDED CONTRACTUAL BASIS FOR AN INITIAL
TERM OF FIVE (5) YEARS WITH AN OPTION TO RENEW
FOR THREE (3) ADDITIONAL TWO (2) YEAR PERIODS;
ALLOCATING FUNDS FROM THE VARIOUS SOURCES
OF FUNDS FROM THE VARIOUS USER DEPARTMENTS,
SUBJECT TO THE AVAILABILITY OF FUNDS AND
BUDGETARY APPROVAL AT THE TIME OF NEED;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NEGOTIATED PROFESSIONAL SERVICES AGREEMENT
WITH EACH OF THE QUALIFIED PROPOSERS
RECOMMENDED FOR AWARD HEREIN, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE ANY AND ALL OTHER DOCUMENTS,
INCLUDING ANY AMENDMENTS, RENEWALS, AND
EXTENSIONS AND TO ADD SUCH ADDITIONAL
QUALIFIED PROPOSERS TO RFQ CONTRACT NO.
1250387 WHEN DEEMED IN THE BEST INTEREST OF
THE CITY, 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 FORMS
ACCEPTABLE TO THE CITY ATTORNEY, AND IN
COMPLIANCE WITH ALL APPLICABLE LAWS, RULES,
AND REGULATIONS, AS MAY BE DEEMED NECESSARY
FOR SAID PURPOSE.
City of Miami Page 25 Printed on 04/11/2024
City Commission
Meeting Minutes February 24, 2022
CA.2
11491
Department of
Finance
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Christine King, Commissioner
AYES: King, Russell, Reyes
ABSENT: Carollo Diaz de la Portilla
Note for the Record: For minutes referencing Item Number CA.1, please see
"Order of the Day."
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
COMMISSIONER CHRISTINE KING AS THE CHAIRPERSON OF
THE AUDIT SELECTION COMMITTEE AS REQUIRED BY
SECTION 218.391, FLORIDA STATUTES, FOR A TERM AS
DESIGNATED HEREIN.
ENACTMENT NUMBER: R-22-0075
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Joe Carollo, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes
Chair King: Now let's take up the CA.2 item.
Vice Chair Carollo: Excuse me? The CA (Consent Agenda)?
Chair King: CA.2.
Vice Chair Carollo: Okay.
Commissioner Reyes: CA.2.
Chair King.:We need to appoint chair of the Auditor Selection Committee. Vice Chair,
would you like to lead the discussion on this or do you have a -- would you like to
proffer? It has to be one of us.
Vice Chair Carollo: Well --
Commissioner Diaz de la Portilla: Was it --
Vice Chair Carollo: -- the, who are the candidates that we could choose from?
Commissioner Reyes: Us.
Chair King: Us.
Commissioner Diaz de la Portilla: Us.
Vice Chair Carollo: Us.
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City Commission
Meeting Minutes February 24, 2022
CA.3
11462
Office of the City
Attorney
Commissioner Diaz de la Portilla: Was it the position your predecessor had, Madam
Chair?
Chair King: I'm sorry, I didn't -- let's get some direction from staff Mr. Manager?
Commissioner Reyes: Yes.
Commissioner Russell: Used to be Commissioner Hardeman, I believe.
Arthur Noriega (City Manager): Yes, Madam Chair.
Commissioner Diaz de la Portilla: (UNINTELLIGIBLE).
Mr. Noriega: It's entirely up to the body. I mean, you know, it can be any one of you
that maybe wants to volunteer.
Vice Chair Carollo: Madam Chair --
Commissioner Diaz de la Portilla: Commissioner Hardemon.
Vice Chair Carollo: -- let me say the following. I, myself have a pretty hefty agenda,
so I would not do justice by promoting myself to the position. I think that we need
some new eyes and new thoughts on our finances, and the chair should be someone
that's new, you're new, so I will make a motion that we name you to chair the audit
selection.
Commissioner Russell: I'll second that.
Chair King: All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries.
Todd B. Hannon (City Clerk): As amended.
RESOLUTION - Item Pulled from Consent
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
AN OFFER TO SETTLE, WITHOUT ADMISSION OF LIABILITY,
THE LUMP SUM PAYMENT OF $60,892.57 AND OTHER
CONSIDERATION TO SETTLE THE CITY OF MIAMI'S CLAIMS
AND DEMANDS FOR CONTRIBUTION UNDER SECTION
440.42(4), FLORIDA STATUTES, AGAINST THE CITY OF WEST
MIAMI AND MIAMI-DADE COUNTY, THEIR OFFICERS, AGENTS,
AND EMPLOYEES IN THE CASE STYLED CARLOS AVILA V.
MIAMI-DADE COUNTY, ET AL., CASE NO. 21-011490WJH,
PENDING IN THE DIVISION OF ADMINISTRATIVE HEARINGS,
OFFICE OF THE JUDGE OF COMPENSATION CLAIMS, CASE NO.
21-011490WJH; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS
NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE PURPOSES STATED HEREIN.
ENACTMENT NUMBER: R-22-0076
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City Commission
Meeting Minutes February 24, 2022
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Ken Russell, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes
Chair King: Right now we're going to deal with the consent agenda.
Vice Chair Carollo: Okay.
Chair King: We currently have CA.2 and CA.3 on the agenda. May I have a motion to
pass CA.3?
Commissioner Russell: So moved.
Chair King: Second.
Commissioner Diaz de la Portilla: I'll second that.
Vice Chair Carollo: Second.
Chair King: Okay. All in favor?
The Commission (Collectively): Aye.
Chair King: That motion carries.
END OF CONSENT AGENDA
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City Commission
Meeting Minutes February 24, 2022
PH.1
11333
Department of
Police
PH - PUBLIC HEARING
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -
FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION
18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), AFTER AN ADVERTISED PUBLIC
HEARING, RATIFYING, CONFIRMING, AND APPROVING THE
CITY MANAGER'S FINDING OF A SOLE SOURCE, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING
METHODS, AND AUTHORIZING THE PURCHASE OF AN
ADVANCED NEARFIELD DETECTOR RECEIVER ("ANDRE"), A
MOBILITY ENHANCED SPECTRUM ANALYZER ("MESA"), AN
OSCOR GREEN SPECTRUM ANALYZER ("OSCOR GREEN"), AN
ORION 2.4 NON -LINEAR JUNCTION DETECTOR ("ORION 2.4"),
AND A TELEPHONE AND LINE ANALYZER ("TALAN"), WITH
ACCESSORIES, LICENSES, AND TRAINING (COLLECTIVELY THE
"EQUIPMENT") FROM RESEARCH ELECTRONICS
INTERNATIONAL, L.L.C., A FOREIGN LIMITED LIABILITY
COMPANY AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA
("REI"), THE SOLE SOURCE MANUFACTURER OF THE
EQUIPMENT, FOR THE CITY OF MIAMI ("CITY") DEPARTMENT OF
POLICE ("POLICE") SPECIAL INVESTIGATIONS SECTION ("SIS"),
FOR THE APPROXIMATE AMOUNT OF ONE HUNDRED TEN
THOUSAND EIGHT HUNDRED FIFTEEN DOLLARS ($110,815.00);
ALLOCATING FUNDS FROM POLICE GENERAL FUND ACCOUNT
NO. 00001.191001.664000.0.0, AND SUCH OTHER SOURCES OF
FUNDS AS MAY BE IDENTIFIED, SUBJECT TO THE AVAILABILITY
OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF
NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY
AMENDMENTS, RENEWALS, AND EXTENSIONS SUBJECT TO
ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY
APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS
OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT
ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL
INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF
THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE
LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED
NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-22-0077
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Ken Russell, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes
Chair King: Now we have this, PH.1. We only have one PH (Public Hearing) item,
which requires a four -fifths vote.
Commissioner Russell: I'll move it.
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City Commission
Meeting Minutes February 24, 2022
Chair King: All in favor -- do I have a motion?
Vice Chair Carollo: Which is that?
Chair King: PH.1.
Commissioner Reyes: PH.1.
Vice Chair Carollo: PH.1. Yes.
Chair King: Second? Vice Chair?
Commissioner Diaz de la Portilla: I second.
Chair King: All in favor?
The Commission (Collectively): Aye.
END OF PUBLIC HEARING
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City Commission
Meeting Minutes February 24, 2022
RE.1
11336
Department of Fire -
Rescue
RE - RESOLUTIONS
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, ESTABLISHING A NEW SPECIAL REVENUE
PROJECT TITLED "URBAN AREA SECURITY INITIATIVE ('UASI')
GRANT PROGRAM FISCAL YEAR 2021" AND APPROPRIATING
FUNDS FOR THE OPERATION OF THE SAME IN THE AMOUNT
OF $14,012,500.00 CONSISTING OF A GRANT FROM THE
UNITED STATES DEPARTMENT OF HOMELAND SECURITY
DIRECTLY TO THE STATE OF FLORIDA'S DIVISION OF
EMERGENCY MANAGEMENT ("GRANT AWARD"); AUTHORIZING
THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND TO
EXECUTE THE FEDERALLY -FUNDED SUBGRANT AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS,
ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN
ORDER TO IMPLEMENT THE ACCEPTANCE OF AND
COMPLIANCE WITH THE GRANT AWARD; AUTHORIZING THE
CITY MANAGER TO EXTEND THE FISCAL YEAR 2021 UASI
GRANT PROGRAM, AS NECESSARY; AUTHORIZING THE
EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL
AGENCIES DESIGNATED FOR HOMELAND SECURITY
EXPENSES PURSUANT TO THE UASI GRANT GUIDELINES;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
MEMORANDA OF AGREEMENTS, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH CONTIGUOUS PARTNERS OF THE
CITY OF MIAMI ("CITY") SETTING FORTH THE PARTIES'
RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT
AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE
CITY'S DEPARTMENT OF FIRE -RESCUE, CONTINGENT UPON
FUNDING OF THE PROJECT BEING SECURED.
ENACTMENT NUMBER: R-22-0078
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes
Chair King: So we are -- we have RE.1, RE.3, RE.4, RE.5, RE.6, 7, and 8. Do you
have any of those -- are any of these resolutions -- would you like to pull for
discussion?
Vice Chair Carollo: RE.8.
Chair King: RE.8.
Commissioner Diaz de la Portilla: RE.5.
Chair King: RE.5. Commissioner Russell?
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Commissioner Diaz de la Portilla: And RE.3.
Chair King: RE.3.
Commissioner Reyes: (UNINTELLIGIBLE).
Chair King: I have a motion to move RE.1, RE.4, RE.6 and RE.7. I have a motion to
move RE1, RE4, RE6, and RE7. Do I have a second?
Vice Chair Carollo: Second.
Commissioner Diaz de la Portilla: Second.
Chair King: All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries. So, we will take up now RE.3. Commissioner Russell?
Commissioner Russell: Yes, ma'am. Although --
Todd B. Hannon (City Clerk): And Chair, just for the record, RE.4 was amended just
to add, I believe --
Chair King: Yes.
Mr. Hannon: -- ordinance numbers and a resolution number, 1 believe.
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RE.2
11012
City Manager's
Office
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
AND AUTHORIZING THE WAIVER OF INDEMNIFICATION WITH
KING & SPALDING, LLP, A FOREIGN LIMITED LIABILITY
PARTNERSHIP AUTHORIZED TO CONDUCT BUSINESS IN THE
STATE OF FLORIDA ("K&S"), FOR THE PROVISION OF FEDERAL
LOBBYING SERVICES FOR THE CITY OF MIAMI ("CITY") AS
APPROVED BY RESOLUTION NO. R-21-0191 ADOPTED ON MAY
13, 2021; AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY AND K&S, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER
DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS,
AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS,
APPROPRIATIONS, PRIOR BUDGETARY APPROVALS,
COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE,
ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY
PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY
CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND
IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND
REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID
PURPOSE.
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Christine King, Commissioner
AYES: King, Russell, Reyes
ABSENT: Carollo, Diaz de la Portilla
Note for the Record: For minutes referencing Item Number RE.2, please see
"Order of the Day."
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RE.3 RESOLUTION
11198
Department of
Parks and
Recreation
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING THE CONCEPTUAL DESIGN
PARK MASTER PLAN TO IMPROVE MORNINGSIDE PARK
PRESENTED BY THE ADMINISTRATION, ATTACHED AND
INCORPORATED AS EXHIBIT "A"; RESCINDING ANY AND ALL
PRIOR CONFLICTING RESOLUTIONS.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: King, Russell, Diaz de Ia Portilla, Reyes
ABSENT: Carollo
Note for the Record: Item RE.3 was deferred to the March 10, 2022, City
Commission Meeting.
Note for the Record: For additional minutes referencing Item Number RE.3,
please see "Order of the Day" and "Public Comments for allItem(s)."
Commissioner Russell: Thank you, Madam Chair. On RE.3, I'd like to -- obviously I'm
supportive of it, I'm sponsoring it, I've worked with the neighborhood. Not everyone
agrees on everything, but we need to move forward. We do have resilience issues in
that entire neighborhood that this can help address, but I would like to address some
of the misinformation because we do not intend to plant any mangroves there and
that's been stated quite a bit as something that will block the views. So, I'd like to
amend and direct the management within this plan to not plant any new mangroves
and to seek a DERM (Department of Environmental Resources Management) permit
for trimming of existing mangroves for keyholing, view lines, breezes, et cetera. Other
than that, I'm in support of RE.3.
Chair King: Vice Chair; do you have any comments for RE.3 that you'd like to share?
Commissioner Diaz de la Portilla: I want to know, Madam Chair, since I was the one
that pulled it, I would like to know, I was listening to public comment. We're getting
all kinds of different versions of what's happening in Morningside Park. I want to
know in more detail from the Administration, Mr. Manager --
Chair King: Well, let me --
Commissioner Diaz de la Portilla: -- what it does.
Chair King: Let me --
Commissioner Diaz de la Portilla: Well. Okay.
Chair King: We're going to hear from Administration, but --
Vice Chair Carollo: I'd like to, Chair, and thank you, reserve any comments until I
hear from the Administration. I'd like to hear the other side of the coin from
Commissioner Diaz de la Portilla. I think he's got a concern that might, you know,
bring some additional light to it Ibr me. This is one area that I have mixed feelings
about. The one thing I do know is that we need a pool there.
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Commissioner Reyes: Yes.
Vice Chair Carollo: But how we reach that, it's another matter. So, you know, your
district certainly uses this park tremendously, so 1 think you should be able to weigh
in a lot in this also.
Chair King: 1 have --
Commissioner Russell: She's been in a lot of the meetings.
Chair King: Yes, I have.
Vice Chair Carollo: I would be happy to hear from Commissioner Diaz de la Portilla.
Chair King: Okay, and 1 just want to say that 1 played in that park when I was a child.
I swam in that pool. I love that park. I run in the park several times a week. I have
spoken to staff about how I feel about the park. I even -- the last time staff briefed me,
I got teary -eyed speaking about the park. I love that park, and it's just not a park in a
commissioner's district. It is Miami's park and people from all over go to Morningside
Park and I do agree that we need to do something because the park is suffering. We
need to put money in that park. Now some of the other stuff I'm going to -- you know I
listen to the public comments. I've had several meetings about it. My district is
invested in that park and it's not easy, the choices that we have to make. But what is
easy is that the park needs the funding. That's easy for us to decide today, that the
park needs the funding. So, Commissioner?
Commissioner Diaz de la Portilla: I agree 100 percent. Like you said, you said, and
you said it very well, it's Miami's park. It happens to be in your district, but it's really
Miami's Park. This debate's been going on for, 1 don't know, seven, eight years, if not
more, and something has to be done. So I agree with you that money has to be spent
on that park. It's Miami's park. It's a very important park. In fact, I played there when
I was a kid because my parents lived on 17th Avenue, right off Biscayne Boulevard.
Vice Chair Carollo: You too, huh?
Commissioner Diaz de la Portilla: Yeah, me too. So I did the same thing. Later on, we
moved to Little Havana.
Chair King: My brother and sister tried to drown me in that pool.
Commissioner Reyes: (UNINTELLIGIBLE).
Commissioner Diaz de la Portilla: So it's also a park that many people in Miami now
go to. It's a very treasured park. But I do get a sense, Commissioner Russell, with all
due respect, that what I was hearing this morning was sort of packed in favor of one
particular proposal. I just get a feeling that that's what happened this morning. So,
I'm not getting the full picture of what the different proposals are. Number one, that's
why I wanted the Manager to tell us what are the alternatives. Let's agree that we
need the money. I think agree with that. I know I agree with that. What are the
alternatives? And then, of course, to listen from you, Commissioner King, Chairman
King, Chairwoman King, that what you think should be done in that park. You need to
have input into this. You need to give us your -- I don't know your point of view on
that park and what needs to happen there. I know there's all kinds of debates. I've
been. following the issue on the loop, where the pool goes, and it goes back and forth,
the mangroves, and the long list, the long litany of things that are brought up about
what's happening in that park and what can happen in that park. It's a serious
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decision, and I think it needs more -- we all need to have more information from an
objective source and from a commissioner that also knows the area well and
understands the area.
Chair King: So, if we can have the Parks Director come up, please.
Barbara Hernandez (Director, Parks): Good morning, everybody. Good morning,
Chairwoman and Commissioners. If can have IT (Information Technology) help me
by connecting my laptop so 1 can show some stuff on the screen. And if can have the
OCI (Office of Capital Improvements) Director Angel Carrasquillo also join me at the
other podium because he's the expert and has provided a lot of research. Chris? Or
Nelson maybe can help me connect the laptop. I also have copies. I don't have an
HDMI (High -Definition Multimedia Interface) cable. Sorry. But just to your point, I --
just to start to not waste any time because I know the chairwoman likes to get down to
the point and to the facts of things and I appreciate that. This park is one of the
biggest parks that the City of Miami owns and operates. It's 42 acres of green space.
It's a beautiful park on the bay. Very lucky to have this as part of our park inventory
as we're now going through the park system master plan, which I appreciate every
commissioner and their communities participating in. I also want to greet all the
passionate audience that we have here, residents, community members, any advocates
for parks. And for us, anybody that's in favor ofparks, we appreciate. Can I turn on?
Okay, awesome. So very quickly, a few of you said that the park was built in 1950s. It
was built and designed in the 1950s. It's almost 70 years old. I'm sorry, 69 years old.
A few things have occurred while the park has been active. Morningside Community
Center was built in 1994. Some minor renovations took place during that time. The
aquatic, unfortunately, the aquatic pool was closed in 2016. We're going to go into
some details about the closure. Our OCI Director, Mr. Angel Carrasquillo, will he
providing that information as to why it closed. And in August 2019, there's been many
community meetings. Since 2017, Commissioner De la Portilla [sic] said it correctly,
this conversation has been going on for six or seven years. January 23rd, 2020, a
resolution was passed about keeping the pool in the same location. During that time,
staff did go back and start doing research and studies that identified certain issues
with the pool and having to raise it due to FEVIA (Federal Emergency Management
Agency) elevations and EV. On November 29th, we went, this was my first -- well,
actually second community meeting with Morningside, and provided the information
that we found in 2020, 2021, and throughout 2022 in regards to the aquatic facility
and the rest of the park. It's important, as you heard here today, that the biggest
challenge is that most of the park is unusable after a severe storm event or king tide
due to long periods of flooding. It's okay for it to flood two or three days, but when it
comes to a week or more, it becomes an issue. And that's what we want to fix. We're
here. The goal is to try to fix the flooding and provide a holistic plan that gets
everything together, because as you also heard here today, there's -- when you change
one thing it moves things around. So we want to make sure we approve or -- a
conceptual plan. Today Morningside Park looks like what you see here today. You see
there's one thing that wasn't there in the 1950s were the mangroves that are now
overgrown today, and they were protected in the 1980s. We could work with DERM to
try to trim them down but we are not proposing any additional mangroves. Let that be
clear. Just wanted to show you after many meetings out with the community, these are
some of the things we constantly heard. Stop the flooding. Improve the park overall.
Enhance natural elements. Keep the park for the most part the way it was designed.
Fix the pool. Build the pool. Which the pool being out of service has been a huge
disservice to that community. It's really important to provide learn to swim programs
or aquatic therapy for everyone, and just leisure swimming, lap swimming in the
morning, that hasn't been able to be done in the last six years. The City's goal and our
goal as a team was to develop an inclusive design for Morningside Park, which
includes natural resources, resiliency, multi purpose, multi -generational, multi -
seasonal, and address communities while simultaneously keeping most of the integrity
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of the park's initial design. We want to make sure there's something there for
everyone, because it is a community park. This is what we are proposing. We are
reducing the loop road. We are -- we have recommended to move the pool next to the
community center for multiple reasons, both in capital and in operation and ongoing.
This is the most -- one of the most efficient cost -wise and time -wise proposals that we
are providing because we don't want to raise funds, 1 mean we do not want to
increase the capital funding by providing something that may be too expensive and
not doable. Just wanted to show you a clear picture because I know a lot of those
numbers could create some confusion. So, we created, OCI had created a cleaner
version of what we are proposing. By doing this also we're adding a dog park. We're
adding multi -purpose fields, open green space where you can picnics, do small
community events, and we are proposing to move the ball field as well. At this time,
I'm going to move it over so that OCI Angel Carasquillo, Director, can provide some
information, some research and studies that they have provided and done in the last
two to three years.
Angel Carasquillo (Director, Office of Capital Improvements): Good morning. Thank
you, Barbie.
Commissioner Diaz de la Portilla: Madam Chair.
Chair King: Hold on one second.
Commissioner Diaz de la Portilla: There's a lot of information here. Do you want to
wait until the presentations are done for the questions to be asked or can we interrupt
them?
Chair King: I think we should wait until the presentation is done.
Commissioner Diaz de la Portilla: Okay.
Chair King: I'm writing down my questions.
Commissioner Diaz de la Portilla: I am too. I am too.
Chair King: So, I think we should wait and get the presentation over with and then we
can ask staff questions.
Commissioner Diaz de la Portilla: Okay.
Mr. Carasquillo: Good morning, thank you. Good morning, Madam Chair,
Commissioners'. Let's focus on there is a critical issue with Morningside and its
flooding and drainage. So, let's focus on the park portion and then we'll go to the
neighborhood. So that picture that you see there, it's after a 24 hour rain event. The
park has -- is very dysfunctional and drainage, it doesn't percolate, and we have a
problem. The level of service is not where it needs to be, for the residents. What are we
going to do about this? So, one of the first things that we'll do is implement a park
drainage management plan. That plan essentially is going to establish high points,
low points, walking areas, playing field areas to have those at a higher elevation. The
low points will be focused to establish infrastructure, the collection of the runoff of the
storm waters to convey them to the bay. Next. Let's talk about the neighborhood, the
adjacent neighboring areas. You're going to see three slides there. The first slide on
the left side is the current conditions. The darker the area, the more severe the
flooding is. Slides two and three are split in two phases, and it is a project that came
from the storm water master plan. Slide number two includes exfiltration trenches and
a series of pipes with larger diameter with more capacity that will collect quicker the
storm waters and will connect to a five-foot diameter outfall that connects from the
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neighborhood all the way up to the ocean. That, flow will go by gravity. On slide
number three we're stepping up the game by including injection wells that include --
that will pump most of the storm water into the shallower aquifers and also would
include a larger capacity pump station to eliminate the flooding situation as quick as
possible. Next. On July 2021, City Manager provided Commission with a memo
delineating the most important projects under the sea level rise resiliency. Projects
number four and five on that memo, phase one and phase two, those are the
improvements to the neighborhood. One is 16 -- $13 million for phase one and the
next one is $19 million. 1 need to emphasize these are late 2020 U.S. dollars. You
know how the economy is going. Next. Let's talk about the pool situation. January
2020, Commission passed resolution R-20-009. The basis -- basically directs that any
capital improvement projects in Morningside Park keeps the pool at the current
location. On May 2020, the general plan put the pool back in the existing location.
January 2021, the City allocated the funds to move forward with the design and the
analysis of the pool design. On May 2021, something very interesting happened. As
the City started looking at criterias, there was a criteria that came up that basically
states the following. If the repairs of the rehabilitation of the pool exceeds the market
value of that pool, it triggers to rehabilitate that pool to a new building code and
FEMA standards. Next. So, looking at the pool, existing conditions on the existing
location. On the left side, you have the existing location, the existing conditions of the
pool. On the right side, you have the pool if we have to bring it to standards. These
standards are based on a FEMA VE flooding zone. And we're going to talk about that
a little more. The VE criteria establishes that the base flood elevation of the pool has
to be at 11 feet. That 11 feet goes to the lowest horizontal structural member that
supports that pool. From there you have the 6 feet of water depth and then it goes up.
That is the scenario if the pool is put to standards in that location. That is a front view
of the pool with an ADA (Americans with Disabilities Act) compliant platform. At that
elevation, that is a scenario, it probably varies between 160 to 179 feet. It's got a big
landing in the middle. It's going to be difficult for a wheelchair to go from top to
bottom, but that is what the standards will require. Next. In looking at the current
conditions of the underdeck of the pool, I am showing you some pictures of the level of
deterioration that has erosion from high waves impact for many years and corrosion
to some of the metal, rebar, you see beams, vertical piling, structural members, and
essentially the pool has to be demolished. Next. This is AE zone classification, which
establishes that base flood elevation is the finished floor elevation. The presented
picture there is putting the pool close to the community center. Next. That's another
view. And we wanted to show advantages. If we keep the pool at the existing location,
it will be a resilient system. It will be sustainable to sea level rise impacts. It will
remain the character of the originality and it will be close to the bay. If the pool is
installed or built closer to the community, center, it will have better benefits as far as
expenditures on operation and maintenance costs. It will be easier to access,
especially looking at senior citizens, grandpas that come with their children, they
don't have to go through the level of difficulty to access the pool. It will be resilient as
well. Next. So before Igo to the shoreline, there have been some commentary about
switching from VE to AE, and this is a very difficult process. It's not 60 days. It's not
like buying a 2x4 at Home Depot and then you get the AE classification off the bat.
There's a lot of adjustments and considerations. When a regulatory entity look at this,
they're going to look at the elevation of the seawall at 6 and AVD feet. And that
doesn't mean that that pool will be built shallower because we are just -- the Feds are
going to change the classification from VE to AE. During the review process, these
are the steps. The seawall has to be designed, it has to be procured, it has to be
permitted, it has to be procured, it has to be built. Once it's finished, a set of
drawings, as built, have to be certified with the application to change that category
from VE to AE, at six, feet. FEMA might come back and say this is too low. You have
to raise that bulkhead, I don't know, nine feet, ten, feet, to make it base flood elevation
compliant and then at that time the pool might be installed at a lower elevation. Those
are questions that we don't know the answers until the process is ongoing. There
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might be a six-month review, and they might have to -- we might have to come back
and adjust the elevation from six to whatever they decide. So that's one of those gray
areas that the permitting goes through. Next. Oh, sorry. Lets go back one back,
Barbie. Living shoreline and hay walk improvement. The bay walk is going to be
proposed 12 feet wide. It's going to have a similar material that you see at Alice
Wainwright. It's an organic material. It percolates. It's really nice. The bay walk is
going to be raised also. So basically, at what we have on the plan right now, the
bulkhead elevation, the distance -- the elevation between the bulkhead and the
walkway, it's about six inches. So, you're basically walking, and six inches is where
the bulkhead is going to be. We will engage in permitting efforts to try to mitigate
some of those mangroves. The living shoreline provides a series of benefits. It's going
to have marsh grass plantings, which are up to three feet high. It will be easier to
maintain. No mangroves, as Barbie stated before. And a very important aspect of the
shoreline is that it's going to provide resilient and sustainability support to the
seawall. We are replacing three or four seawalls, as we speak, because of the impact
of the waves and the deterioration. So that shoreline is going to provide a better
protection to it. Thank you.
Ms. Hernandez: So today we took these pictures. I had staff go out there and take
some pictures on February 14th, and this is currently, as you can see, the stars where
that -- where we were standing and this is the different views north, east and south. As
you can see the shoreline, what it looks like today due to some of the mangroves,
buttonwoods, sea grapes. Just wanted to, you know, emphasize that currently right
now there are some blocked views. We would like to clear some of that up. That's part
of the plan is to clear that up because we know the views are beautiful and we can just
go out there and sit there and look when you've had a hard day, or especially now
during COVID, as we all learned that being outside was one of the best things to do.
We would recommend to remove, we have -- and this is just a certain plantings, we
would relocate, I'm sorry, nothing is going to be removed, we would be relocating,
and this was a study, a vegetation study done, buttonwoods and sea grapes, we would
relocate them along with the palms as well. We would also be applying for a permit to
try to trim down the mangroves. This is the plan that Angel was speaking about in
regards to having some walkways. What we did was we wanted to, because you can
hardly see this, it's very -- drawing -wise, we wanted to show you from a ground level
what that might look like. And so this is what, when we talk about marsh grass, he
said two to three feet, this is what it would look like. And this is actually at a lower
elevation. We would be bringing up the pathway a little bit higher. You can see that
on the Cross Section A. And then Section B, we are also proposing to do a boardwalk
out there that actually goes out to the water. This is from looking from Section C. And
then looking from Section D. So that you can see that people can still access the
water, they can still -- on dry season, use the area as well. These are some of the
benefits that co -- that are aligned with our strategic goals, our comprehensive plan,
our resiliency 305 strategy. So, I just wanted to point that out, that we're also in line
with some of the things that have been approved here at commission. We wanted to
make sure that we're consistent. As far as cost. these are preliminary cost, ballpark
figures right now. These are today's costs. Know that every day and every, you know,
as years pass, things do get more costly. This is -- the top part is Morningside Park
improvements. The middle one is a neighborhood improvement drainage plan. And
then the bay walk and shoreline improvements are at the bottom. As far as timing,
we're looking and please keep in mind that duration means design, permitting and
construction, and these are the times we're looking at. It doesn't mean that things
can't happen together, but that all depends on the funding. And again, this is, I wanted
to make sure that we saw the plan again because I know there was a lot of
information, as Commissioner de la Portilla [sic] had stated. We appreciate, you
know, everyone's passion. for the park and we know that we need to fix the flooding
because we want to make sure it's usable. We want to make sure that we also fax the
shoreline issue. That's one of -- that would be one of our first phases. We would
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recommend doing this in phases so that we're not, as we just spoke about with the
Marine Stadium and the costly, we would do it in phases with the shoreline being first
and maybe the pool right there with it so we can go back to providing leisure,
swimming classes, field trips, make sure no kids are being drowned in the pool.
Chairwoman, sorry about that. So, we're providing a plan that staff believe is the most
cost-efficient and the least amount of time is what we're doing. And before you is the
resolution that we have provided to approve the plan.
Chair King: Thank you. I have a couple of questions. One, does this resolution amend
the resolution that requires the pool to stay where it is?
Ms. Hernandez: It rescinds any resolution conflicting with it, so the answer is yes.
Chair King: Okay, and I'd also like to address, you mentioned aquatic therapy.
Ms. Hernandez: Aquatic aerobics, yes.
Chair King: Okay, I have like three parks in my district. Is there aquatic therapy
going on in those parks?
Ms. Hernandez: I would need to find out the specifics of each of those aquatics, but
we could provide aquatic aerobics at any facility. That just takes -- that helps with
arthritis.
Chair King: I mean because you made it a point to say that you would like to provide
aquatic therapy at a pool that hasn't been working for,, I don't know --
Ms. Hernandez: Six years.
Chair King: Six years, and proposal would take another three years, but I haven't
heard of any aquatic therapy going on in any of the pools that are functioning in my
district.
Ms. Hernandez: I will look and I will see.
Chair King: I would appreciate that.
Ms. Hernandez: Usually pools have those type of programs.
Chair King: Okay, well, I just want to make sure that --
Ms. Hernandez: Okay. I will get that information for you.
Chair King: -- the pools in my district has that. Okay, and the third thing that I want
to address, the timeline for the pool is approximately three years and the construction
won't even begin until maybe December of this year?
Ms. Hernandez: That's if the -- that's with the pool relocated next to the community
center.
Chair King: Okay, but I want to address the, flooding zone category.
Mr. Carrasquillo: Classification.
Chair King: Classification. It's VE, and architects have come to me and have said if
you change that VE to AE, and I heard you kind of mention it, then would we be able
to keep the pool in the same location if we got that classification changed?
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Mr. Carrasquillo: You can't keep the pool at that location regardless.
Chair King: No, no, no. But without --
Ms. Hernandez: Right.
Chair King: -- without the monstrosity that you have, that ramp, 1 think you, and 1
said it to staff already, 1 think you made it purposefully ugly to dissuade people.
Mr. Carrasquillo: We're engineers, so we are not --
Chair King: I mean.
Ms. Hernandez: I'm a parks director, I don't draw.
Chair King: Right. So -- but with the classification change, would you have to
construct the pool as you have recommended in the plan?
Mr. Carrasquillo: So, I read the email and it's misleading. It's not a pool. It's a
complex. It's a facility, and that facility, you have a pool, you have locker rooms, you
have bathrooms, you have rooms for meetings. The lifesaver is there. He's got his
equipment.
Ms. Hernandez: Lifeguard.
Mr. Carrasquillo: So, it's a complex, and it was permitted as such. So, it's not a pool
like a residential that you have the pool on the ground level and the palms are up
there. It's a whole one piece, which makes it more complicated to do what that --
Chair King: Okay, but if we didn't have all of that and we paired that down a bit
because --
Mr. Carrasquillo: The answer is yes, Commissioner.
Ms. Hernandez: What he was stating before was that it's not just a 60-day process.
You need to apply for the process from my understanding, and this is from layman's
term, is that you need to apply to turn it into an A. V. ?
Mr. Carrasquillo: Oh yeah.
Commissioner Russell: AE.
Mr. Carrasquillo: Yeah, so --
Ms. Hernandez: AE, sorry.
Mr. Carrasquillo: -- when you're submitting for an AE classification, you have to
build a seawall first. Then you have to submit that you're proving that it meets the
criteria to avoid three feet of wave impacts or higher. The classification drops from
three higher to AE, which is less than three feet. Once you have proven that that is
built, they might come back and say it's six feet, you have to raise that seawall even
more for you to be able to build a pool facility at a lower elevation.
Chair King: Has it been done, this classification change? Has it been done?
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Mr. Carrasquillo: Not that I know in Miami, but it has been done. Those
classifications have been done, yes. I don't know about the pool facilities per se.
Commissioner Russell: Madam Chair.
Chair King: Commissioner.
Commissioner Russell: On that same thread, just a question. The switch from VE to
AE, the berm that's being proposed and the landscaping that's being proposed,
wouldn't that achieve the same height levels as a wall? Or are you going lower with
the berm?
Mr. Carrasquillo: For VE compliance, yes, because it's a City Ordinance.
Commissioner Russell: Right. Now, where we can, where we have natural shorelines,
we're trying to encourage the maintenance and keeping of those shorelines. We're not
trying to encourage walls where they're not necessary. We want as much natural
public access to the water as possible. And so in Alice Wainwright, if we had a
natural shoreline there, I would have loved to have kept and encouraged it, but we
had a wall there. And it's not my first choice, but it's what we had, so we embellished
that wall and strengthened that wall. Same thing with our parks downtown. But in this
case, we have a beautiful natural shoreline and if we can maintain and keep it, it's
great. To apply from VE to AE could delay this pool process even further. Where it's
being proposed still has water views. It is elevated and it's still -- oh it's only just a
few feet back from the shoreline than what it is now, you would still have water views
from the deck of that pool. So, I don't want that people to think we're hiding the pool
in a way that you won't be able to see the bay anymore, but this solution they're
proposing seems to get us there sooner, less expensive, easier maintenance. I really
hope we don't build a wall at this park.
Chair King: Commissioner Diaz.
Commissioner Diaz de la Portilla: Thank you, Madam Chair. Mr. Castillo, right?
Mr. Carrasquillo: Carrasquillo. Angel, call me Angel.
Commissioner Diaz de la Portilla: I know you as Angel, I'm sorry. What's your last
name?
Mr. Carrasquillo: Carrasquillo.
Commissioner Diaz de la Portilla: Carrasquillo. I'm sorry. I'll remember from now
on. I'm sorry. I thought it was Castillo. Angel, you spoke about -- you spoke in your
presentation about a resolution, City of Miami Commission Resolution R-20-000 that
specifically instructed your department to put the pool in its current location.
Mr. Carrasquillo: That f any capital expenditures or rehabbing will be done on the
site, that the pool remains at the existing location.
Commissioner Diaz de la Portilla: At the existing location.
Mr. Carrasquillo: Yes, sir.
Commissioner Diaz de la Portilla: Yet you move forward with changing, you see
basically didn't do -- pay attention to the resolution, you concocted a plan that puts
the pool in a different location. Or was that resolution rescinded by this Commission?
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Mr. Carrasquillo: This meeting right here, rescinded that.
Commissioner Diaz de la Portilla: No, but you're putting the cart before the horse.
You went ahead and spent money developing a totally new plan with a pool
somewhere else going against an existing Commission Resolution, right?
Ms. Hernandez: Based on the request that was at the December Commission Meeting,
we were requested to come back with an updated plan.
Commissioner Diaz de la Portilla: Right, but 1 didn't know until today that there was
an actual city resolution that mandated that you put the pool in the same location.
Because that sort of changes things for me in a way, right? Because the commission
gives direction and then you guys do -- go and do what you want.
Ms. Hernandez: So --
Commissioner Diaz de la Portilla: We have community meetings. What you want
means this. You have community meetings. We'll talk about community meetings. We
have community meetings, and how many people attend those meetings?
Ms. Hernandez: Over 100 people attend those meetings.
Commissioner Diaz de la Portilla: Total?
Ms. Hernandez: Yeah.
And all the meetings you've had?
Ms. Hernandez: No, no, no.
Commissioner Diaz de la Portilla: One meeting you have 100 people.
Ms. Hernandez: Each meeting.
Mr. Carrasquillo: The one meeting in December the 13th, was over 100 people.
Commissioner Diaz de la Portilla: Over 100 people.
Mr. Carrasquillo: Yes, sir.
Commissioner Diaz de la Portilla: Okay, and they gave you input into what they
wanted -- what percentage wanted the pool where it is and what percentage wanted
the pool somewhere else?
Ms. Hernandez: It seems it's a little divided.
Commissioner Diaz de la Portilla: It's 50-50?
Ms. Hernandez: What 1 keep hearing is it's divided. The community is divided.
Commissioner Diaz de la Portilla: Divided means 50-50, right?
Ms. Hernandez: Right, yes.
Commissioner Diaz de la Portilla: It's an even split, right? Okay. Yet you went ahead
and you did -- put the pool in a different area. Why?
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Ms. Hernandez: We provided this so that it's the least expensive. Based on the -- from
that resolution in 2020, the OCI Department did research, studies that they spent
money on, to provide the information on where the pool would be as far as the height.
Before moving forward on that, I think it's important that everybody understands that
based on that information, the pool would have been at the 18 feet. We don't want to
move forward on something like that without showing the Commission or the
community where the pool would end up being, because then it looks like, well, why
did you do this? Why did you put this pool so high? So, we're just communicating
what, from the research that was done, what could potentially be out there.
Mr. Carrasquillo: Commissioner, when we saw the magnitude of the elevations and
the impact on the platform, we said, what are we doing? What is this? We have to
bring this back so they see what it means. If you put elevators in there, which you can
Ms. Hernandez: Right.
Mr. Carrasquillo: -- it might meet ADA compliance, and if floods, then you're going
to have those shafts, you're going to have to pump it, you have electrical components,
mechanical lubrication, it's just, it's just.
Ms. Hernandez: And if you guys are okay with that, I'm all -- that's the highest it
would ever go. So, if you're okay with that, we're okay with it, but we wanted to
provide you the information. We're not, I'm not, we're not here to say, you know, this
is what personally we want. This is based on information that we have gathered, put
together, and providing to you. So we're giving an alternative to what was provide --
to what the information has brought, the results of the information.
Commissioner Diaz de la Portilla: You also outlined a number of things, ifI may
Madam Chair, through you. You also outlined a number of things, including
permitting and cutting of mangroves and permitting and other things of that nature
that you know are very difficult to obtain from the State of Florida, correct? You know
that?
Mr. Carrasquillo: Yes, sir.
Ms. Hernandez: Absolutely.
Commissioner Diaz de la Portilla: Almost impossible, right?
Mr. Carrasquillo: Yeah.
Commissioner Diaz de la Portilla: And yet you propose it.
Mr. Carrasquillo: No, this plant is proposing zero --
Commissioner Diaz de la Portilla: The trimming of mangroves. The trimming of
mangroves is proposed in the plan, is that correct?
Ms. Hernandez: Yes, we will be requesting a permit to trim the mangroves.
Commissioner Diaz de la Portilla: And do you know how difficult that permit is to
obtain?
Ms. Hernandez: Absolutely, sir, but it has been done before.
Commissioner Diaz de la Portilla: But do you know how difficult it is?
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Mr. Carrasquillo: It is difficult.
Ms. Hernandez: Yes, sir.
Mr. Carrasquillo: It is difficult.
Commissioner Diaz de la Portilla: Okay.
Mr. Carrasquillo: Yeah, we understand.
Ms. Hernandez: We know.
Commissioner Diaz de la Portilla: And if it's 50-50 in the community meetings, I'm
almost done, it's 50-50 in the community meetings, why did you just not simply leave
the pool there?
Ms. Hernandez: We could if that's what you all --
Commissioner Diaz de la Portilla: What's the cost differential? What's the difference?
Ms. Hernandez: About a million dollars from what I understood.
Commissioner Diaz de la Portilla: A million dollars more.
Mr. Carrasquillo: One and a half, if the pool is built at the existing location,
conceptual, it's about seven and a half million dollars.
Commissioner Diaz de la Portilla: What's the difference between building it in the
existing location?
Mr. Carrasquillo: Six million.
Ms. Hernandez: It's one million dollars is the difference. (UNINTELLIGIBLE).
Commissioner Diaz de la Portilla: One million dollars. What's the total cost of the
project? All phases from beginning to opening day. Everything.
Ms. Hernandez: So, for the park improvement, it's about 20 -- 23 -- between $23
million and $29 million.
Commissioner Diaz de la Portilla: Okay. For everything?
Ms. Hernandez: For everything, without the shoreline. Now the shoreline, you add the
shoreline, it's between $13 to $14 million. We're looking at different grants to help
with that.
Commissioner Diaz de la Portilla: That's $43 million. What else?
Ms. Hernandez: And then the neighborhood -- the Morningside neighborhood
improvements, which is a stormwater drainage plan, that's the neighborhood. This is
not --
Commissioner Diaz de la Portilla: It's part of the plan.
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Ms. Hernandez: But we would not, that's not something that is part of the park part.
That's the neighborhood, surrounding neighborhood, which is this part right here. I'll
show you in a second.
Commissioner Diaz de la Portilla: It was in your presentation.
Ms. Hernandez: Right.
Commissioner Diaz de la Portilla: 1 know.
Ms. Hernandez: This one. This part right here.
Commissioner Diaz de la Portilla: You've given us a presentation
(UNINTELLIGIBLE).
Ms. Hernandez: These are all the pumps that would be associated.
Commissioner Diaz de la Portilla: Okay, of course.
Mr. Carrasquillo: Commissioner, I think --
Commissioner Diaz de la Portilla: I'm sorry, I'm just trying to get to the number.
Mr. Carrasquillo: Sorry.
Commissioner Diaz de la Portilla: So, it's $43 million plus what's the cost of that?
Ms. Hernandez: The high end is $34, and the low end, if you allow me to get back to
that slide, is $33.
Commissioner Diaz de la Portilla: That's $76 million all said and done over the
number of how many years? Opening day?
Ms. Hernandez: Well, that depends on the phasing of it. So, the shoreline and the pool
can be done at the same time it --
Commissioner Diaz de la Portilla: How do you envision it?
Ms. Hernandez: I would do -- I would recommend that we do the shoreline and the
pool at the same time, so I would say three and a half years.
Commissioner Diaz de la Portilla: I would agree with that.
Ms. Hernandez: Three years, three and a half years.
Commissioner Diaz de la Portilla: Three and a half years. Okay. So, the intended cost
way after we're gone, probably, way after we're gone and there will be other
commissioners here, this is going to cost $76 million.
Ms. Hernandez: It will potentially cost up to $76 million.
Commissioner Diaz de la Portilla: For the million dollar difference of the pool, it
doesn't matter to me. I think a million dollars out of $76 million is not a lot of money,
and I think --
Ms. Hernandez: I would count the drainage of the neighborhood on that, as part of
the park plan.
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Commissioner Diaz de la Portilla: Well, 43 million still.
Ms. Hernandez: Okay.
Commissioner Diaz de la Portilla: 43 million, 1 million. Okay. So, 1 have concerns
about what you're proposing and maybe we'll debate it. I'm done with my questions. 1
just wanted to sort of get to the point of this is something that the community doesn't
really -- what appeared to this morning when the people were testifying today was
overwhelming support for moving the pool. Right?
Chair King: For moving it?
Commissioner Diaz de la Portilla: Yes. But, there's people that you brought in,
Commissioner Russell, right?
Commissioner Russell: I brought nobody in?
Commissioner Diaz de la Portilla: Well, the people that came because you want to
move the pool.
Commissioner Russell: No, it's not that want to move the pool. I'm listening to my
experts, and I've received over 120 e-mails in support of this new plan, which moves
the pool, and only five against. It's not 50-50.
Commissioner Diaz de la Portilla: Well, but do they know the details?
Ms. Hernandez: I'm sorry. I didn't receive those emails.
Commissioner Diaz de la Portilla: No, well, in the community meetings, it's 50-50,
right? Because you went to -- you were at the community meeting, right?
Ms. Hernandez: Based on the community, meeting, we went to November 21.
Commissioner Diaz de la Portilla: Okay, so it's a split decision.
Arthur Noriega (City Manager): Commissioner, ifI may?
Commissioner Diaz de la Portilla: So, in my opinion -- yes.
Mr. Noriega: Can I -- I kind of see where this is headed.
Commissioner Diaz de la Portilla: Yeah.
Mr. Noriega: So, I'm going to give you my personal perspective on this, having
extensive conversations with OCI, with the Parks Department, and having been a
seven-year former parks employee myself, and having worked in aquatics, and seeing
the design, I say, I think that leaving the pool in its existing location and the design
requirements and the elevation requirements, forget the million dollar cost, there's
also a cost added to the overall maintenance of that facility because of the size and
scale of it, right? And because of the location and its proximity to the shoreline. I,
having listened to them, having obviously listened to the Homeowners Association as
well, by the way they voted to support this plan, I think for us the sensible decision is
to approve the plan as presented. The relocation of the pool, to me, makes sense for
all the reasons that were highlighted as part of this presentation. And I think if we're
going to be practical, and when you look at the holistic sort of current condition of the
park and the way this plan is laid out, you're not going to solve every -- you're not
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going to ever design this to everyone's satisfaction. You're never going to get 100
percent consensus. But everything that I've heard is that the -- there is a majority of
the residents in the area that were, you know, very present in those meetings and
certainly have given a lot of input since, inclusive of the Homeowner's Association,
they support the plan. And 1 think that, you know, if we're going to do right by this
extensive process that we've engaged in, the timing that it's taken to put this entire
thing together, you know, let's follow the lead of the people that have put the sweat
equity into this from a design perspective and our professionals, they've listened to the
individuals and the residents in the neighborhood. And I think, you know, the smart
decision is to kind of continue to head down this path. It may need to be tweaked, here
and there, as we get into this. This is not a -- this is not set in stone by any means.
Ms. Hernandez: Correct.
Mr. Noriega: But I think the pool relocation, which seems to be the bigger issue at
this point, even more so than the shoreline. You know, 1 think the smart move for us is
to adhere to the letter of the recommendation made here. A million dollars may not
seem like a lot, but I'm telling you that beyond the million dollars, I think that million
dollar number is going to grow, but beyond the million dollars, the cost to maintain
that building with the elevations presented, then your scale of the building as opposed
to the one presented in this plan is going to be considerable. It is going to cost a lot
more. So, I would encourage you to ask any additional questions. I am certainly
willing to meet with you one-on-one and kind of discuss this a little further. But this
plan is certainly supported by me, and staff, and I would hope that we get the support
of the Commission as well.
Commissioner Diaz de la Portilla: Madam Chair, I don't know what the will of the
Commission is. 1 know a lot of them want to speak on this, butt would like a deferral
on this if possible, at the next meeting, if you want to give me an opportunity to -- I'm
not -- I'm not convinced. Number one, it's a 42-acre park, right? So, it's a park for all
of Miami. It's our largest park, right?
Ms. Hernandez: Absolutely. It's for everybody.
Commissioner Diaz de la Portilla: Is it our largest park?
Ms. Hernandez: I'm sorry?
Commissioner Diaz de la Portilla: Is it our largest park?
Ms. Hernandez: It is one of the largest parks that we own and operate.
Commissioner Diaz de la Portilla: Right, that you own and operate. 42 acres.
Ms. Hernandez: Right.
Commissioner Diaz de la Portilla: So, it's Miami's park.
Ms. Hernandez: It's Miami's Park.
Commissioner Diaz de la Portilla: Right. You have professional staff your staff' Mr.
Manager, telling us that it's 50-50 in the means that they want it. We have activists
come here today that want the pool, and what Commissioner Russell is proposing. It's
your district, but it's Miami's Park. And I think for the future, it's such an investment
to go down a road and not know where we're going, to be uncertain, at least I would
like a deferral to have an opportunity to take a look at it and see, maybe even go out
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there and take a look and speak to some of the people out there. I think it's an
important, and maybe I'm sure you'll do the same. I'm sure you've already done it.
Chair King: I've done it many, many times.
Commissioner Diaz de la Portilla: 1 have not heard your opinion. I'll defer also to
you, Madam Chair. But this is my thinking right now. 1 think that --1 know it's been a
long process, and 1 apologize to the people that have been here and talked about this
today and continue to talk about it, but we do want to get it right. All we're trying to
do is get information to get it right. We just don't want to make a mistake and find out,
when it's too late, that we made a mistake, we need to change it. And I'm concerned
about the bay view, impacting the bay view for the pool. I want the loop in there, but
that's my personal preference. I think the loop is more conducive to interactivity with
other community members. But at the end of the day, those are details. The shoreline,
the pool location, those are more important details to me. So, I want to take a second
look. l prefer a deferral, but you know, I'll listen to the will of the body.
Chair King: Commissioner Reyes.
Commissioner Reyes: Thank you.
Chair King: Sorry.
Commissioner Reyes: Thank you. Now, I think that most of the questions have been
answered, butt have -- the manager made a very significant point. If we fix, and I
have that problem also in one of my parks, if we keep, I mean, let's say that -- that the
pool remains in the same place that it is, and it is fixed, right? What's the
maintenance cost for that pool once it's fixed versus having a new pool with all --
mean, the investment on fixing it, but -- and bring it up to par, of being useful, then
you would still have an old pool that requires an extensive amount of maintenance. I
do believe that many people, I mean, this is, and everybody has their own rights and
all that. I had that problem with Shenandoah Pool. Nobody was happy. I mean, there
was not a total consensus where the pool should be built. But some people wanted it
just next to their property, so they will have a huge backyard pool, and some other
people didn't want it near them. We are never going to be making -- and we're never
going to make everybody happy -- everybody -- and that's the right. But also, we have
to understand what are the consequences of having, I mean, accepting one plan or the
other, the long-term consequences. We have to take into consideration the
maintenance of that old pool if we are going to repair it, because I mean, still when
even we repair, it's just like an old car. You see, you are still going to have problems
with it in the long run. Now, I also had a concern, and the commissioner,
Commissioner Diaz de la Portilla brought it up, about bay view being obstructed. And
that is, I mean, it got to me, many people say, well, now we have such a view of the
bay. Building the pool at that area obstructs the view of the bay?
Mr. Carrasquillo: Neither of the locations --
Ms. Hernandez: Yes.
Mr. Carrasquillo: Neither of the locations obstructs the view of the bay.
Commissioner Reyes: Okay.
Mr. Carrasquillo: One is going to be further --
Commissioner Reyes: But --
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Ms. Hernandez: No, the current -- if it stays, does it obstruct the view? Is that what
you're asking?
Commissioner Reyes: Yes.
Ms. Hernandez: The answer is yes, it obstructs the view because it's there.
Commissioner Reyes: Okay, and how about --
Ms. Hernandez: It's currently obstructing it.
Commissioner Reyes: -- how about by rebuilding the existing pool that you have to
build all that big old deck and all of that. And also on top of it, you have to go 18 feet
up?
Mr. Noriega: Yeah, let's clarify something. Currently in this presentation, nor was it
part of the original idea is -- and rebuilding the existing pool is not an option,
because the code won't allow for it. So, the idea is either you build a brand new pool
at the current location, at the elevation presented as part of those cross sections, or
you relocate the pool to where it's recommended on this plan. To keep the pool at the
same location, it will impact the views because obviously the elevation is considerably
higher than even the existing pool, let alone the new proposed pool set back towards
the back of the park.
Commissioner Reyes: So, the rebuild of the pool is out of the question. Okay,
fantastic. I got that straight. Now, building it at where it is now, it will require a
higher elevation.
Mr. Carrasquillo: New standards.
Commissioner Reyes: Higher elevation. So, the bay view would be more, would be
blocked.
Mr. Carrasquillo: You're talking 30-something.
Commissioner Reyes: I mean, it would be more obstructed that if it is relocated. If it is
relocated to a new site, the view of the bay will be obstructed?
Mr. Carrasquillo: The new location -- the proposed location by the community center
will not block the view to the bay.
Commissioner Reyes: Okay, that takes care of the bay view blocked. Another thing
that Commissioner Diaz -de la Portilla also touched in it, and I was wondering, I had
people complaining that all those mangroves are going to block the view of the bay.
And by planting mangroves, I mean all the mangroves that you have to plant --
Ms. Hernandez: We're not planting mangroves.
Commissioner Reyes: Could you please explain why you have to plant those
mangroves?
Ms. Hernandez: No, we're not proposing to plant mangroves.
Commissioner Reyes: You are not --
Ms. Hernandez: No.
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Mr. Carrasquillo: No sir.
Ms. Hernandez: No sir, we're not --
Mr. Carrasquillo: No mangroves.
Ms. Hernandez: -- proposing to plant mangroves.
Commissioner Reyes: Those mangroves are already there.
Ms. Hernandez: Those exist currently right here.
Commissioner Reyes: There's six there now, okay?
Ms. Hernandez: Yes sir.
Commissioner Reyes: They are going to be untouched, but trimmed.
Ms. Hernandez: We're going to request to trim them.
Commissioner Reyes: The trim permit in order to provide an additional view to the --
Ms. Hernandez: Correct.
Commissioner Reyes: I mean, (UNINTELLIGIBLE).
Ms. Hernandez: Yes, sir.
Commissioner Reyes: Okay, okay, that takes care of that question. Another thing that
you mentioned, Angel, that we're going to have injection wells, and you said -- we are
going to be injecting this whatever -- overflow that we have from king tide and all
that. That is saltwater, right?
Mr. Carrasquillo: Right, Commissioner. So, on the neighborhood area, the project
that involves -- there's a project on the master plan, storm water master plan that
includes deep injection wells --
Commissioner Reyes: Deep injection wells.
Mr. Carrasquillo: -- to pump it into the aquifer.
Commissioner Reyes: Aquifer, okay. But that also is going to include salt water that is
going to be injected into our aquifer, which is fresh water?
Mr. Carrasquillo: Most likely we'll be pumping to a shallow aquifer, brackish water,
which is ca combination of salt water and fresh water --
Commissioner Reyes: Okay.
Mr. Carrasquillo: -- so no issues with permitting those.
Commissioner Reyes: Okay, no, no, I was wondering that we were not going to mess
up our aquifers. Okay.
Commissioner Russell: Madam Chair? Quick comment.
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Commissioner Reyes: I think that we have to do something. I mean, it is about 10
years, and we're going to go back and forth. We're going to go back and, forth on this.
And the residents are the ones that are suffering. The children are the ones that are
suffering, because I, by aesthetic, I wanted a pool at this location, and then the other
group wants it on another location. Well, 1 think that is about time that we pay
attention to our experts, you see. And take into consideration the consequences that
we will have, like obstruction of the -- of bay view will be greater by leaving it in the
same place, which I am totally, against.
Chair King: Thank you. What I don't want to see happen is that we debate this to
death. We need to fix the park, but 1 want to make it clear that 1 would like to explore
the option of the VE to the AE. I don't think that we should make a decision because,
oh, it might take too long to get the designation. If there's a way that we could keep
the pool in the existing location by changing the classification, I think that everyone
would be happy with that. But what I -- you said you want to do the improvements to
the park in phases. So, is there -- can we get the drainage issue, can we get the
flooding of the park addressed while we are trying to figure out -- why not?
Mr. Carrasquillo: Commissioner, to do that you have to calculate runoff, volume of
water flowing at certain elevations. The minute that you start raising the seawall or
some other areas, the amount of water increases and maybe this infrastructure won't
have enough capacity. And those permitting agencies will ask you for calculations
proving that they have the right capture at certain elevations.
Chair King: But this -- this isn't -- this isn't an issue that has just been risen today.
This isn't a solution that we, just received yesterday, because this has been a debate
ongoing, and the pool has been closed for how long?
Ms. Hernandez: Six years.
Chair King: Okay. All I'm saying is I'd like to explore the options without holding --
so now you're saying we can't do anything unless we decide what happens with the
pool today.
Mr. Carrasquillo: It's just the drainage portion.
Commissioner Russell: No, it's true.
Chair King: But the drainage is the major problem. I run in there and I'm in mud. I'm
sinking in quicksand. That's --
Mr. Noriega: Madam Chair.
Chair King: Its just taking so long for this.
Mr. Noriega: Madam Chair, look, I'm going to give you my, you know, neophyte
version of the civil engineering involved here, and I'll try to explain it in layman's
terms, right? Everything you do, everywhere you put a building impacts drainage,
impacts outflow. So, any drainage plan is dependent on an overall site design.
Ms. Hernandez: Right.
Mr. Noriega: You can't just design the drainage and then start adding pieces to it or
moving pieces around because then you have to change the design of the drainage
plan. So that's part of the issue of why Angel is saying that in order to change that
elevation designation, you need to do the seawall first, right, to determine what the
elevations are, and then submit those to FEMA, and then they make a determination
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as to whether or not you can change the flood zone designation. That is a multiyear
process that ultimately, you know, you're not going to he able to get to that solution as
to whether, you're not even going to have an answer for it --
Chair King: Shame on the City, because it's been many, many years that the pool has
been closed. The pool has been closed for many, many years, and we should have
done that. And now we're at the last minute, and you're saying to us that, no, it's a
take it or leave it or build this monstrosity, and that's not fair. It's not good
government.
Ms. Hernandez: Absolutely.
Chair King: It's not good government.
Commissioner Reyes: You are right.
Chair King: And that here we are, it's a take it or leave it, and, you know, yeah, we've
heard from so many people, I've heard from so many people, and it is a 50-50 split.
I've heard from the residents, the association, move the pool, but I've also heard from
many people from my district and others, keep the pool where it is. And I'm on the
keep the pool where it is side, if it's feasible, not if it's not feasible. If it's feasible, but 1
don 't think that we as the body have done our due diligence to see if we could keep
the pool here. And now I am feeling trapped, that I have to make this decision because
I do not want the pool to go unattended any longer. I want improvements made to the
pool and I just do not feel like we are in a good spot right now. Commissioner Russell.
Commissioner Russell: Thank you, Madam Chair, and I -- trust me, I feel your
frustration. And these are the hard decisions we're going to have to make because I
wanted the pool to stay where it was. I voted with us to keep the pool where it would -
- I prefer it there. But listening to the science and what has to be done to keep it there
makes me realize I have to make the hard decision that is going to make me lose a lot
of friends in that area because they wanted the pool there. And my only hope is that
once it's done and built, they're going to love the new idea and hopefully look back
and say, we made the right decision. We have to make those hard decisions, but what
the science I have learned, the only way to shore it up, and even then you're still going
to have storm surge and the elevator shafts and all the maintenance problems,
everything points toward just moving that pool a little bit. It's not a drastic move. It's
not way on the other side of the park. It's a little bit back and a little bit over, it's a
safer spot and we can go now. To get to this VE/AE conversion, we need a concrete
seawall. We don't want that. We want a natural shoreline as much as possible. By the
way, we have three parks in my district already at least that we've applied for the
permit for mangrove trimming and received it. We are able to trim mangroves. It is
possible. So that's not just a fanciful, you know, wish list to get this vote through. But I
would like to move forward because we have had this fight back and forth for years
now, and we will just be kicking the can again. And at the end of the day, we have to
make a hard decision. All the science to me points to just moving the pool a little bit
and going forward and allocating as much money, as we possibly can to getting this
park back up and running.
Commissioner Reyes: Madam Chair, let's see if we can, would you be comfortable
sitting and having a comparison, you see, a very in-depth analysis of what would --
one option versus the other one. And so I think that will be helpful. So that way we
can make our decision. Where are the pros and cons of every single one of the -- of
the -- I mean of the two alternatives that we have?
Chair King: Well --
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Commissioner Reyes: And I do it real fast instead of kicking the can.
Commissioner Diaz de la Portilla: Would you like a motion to defer?
Chair King: We -- well, 1 think you -- you wanted to defer, but 1 just want to say for
the record, you know, as an attorney, you can get an expert to say this, and you can
get an expert to say that. So, I'm not --
Commissioner Reyes: Are you saying that they are hired guns?
Chair King: I'm not, I'm just saying. I'm just saying.
Commissioner Russell: This is our administration.
Chair King: You can get an expert to say X and you can get an expert to say the
complete opposite and they're both experts. So --
Ms. Hernandez: I don't want you to feel trapped.
Chair King: Well, that's how I feel. I feel right now because the most important thing
for the community is for the improvement --
Ms. Hernandez: Absolutely.
Chair King: -- to the park. That's the most important thing. But right now, our experts
are saying that the only way we can move forward is if we move the pool to a different
location.
Ms. Hernandez: It's not. You could -- you could leave it. It's just going to take longer
and be a little more costly. That's all that we're saying. I got to the City March 22nd
last year. I haven't even made a year yet.
Chair King: Well, I've only --
Ms. Hernandez: No, I'm with you, I'm with you and I felt the same way. Morningside
has been a hot topic. It's always staved on the top of the list as it comes to the parks
and recreation.
Commissioner Diaz de la Portilla: Is it higher than Curtis Park?
Ms. Hernandez: That one's up there too, sir.
Commissioner Diaz de la Portilla: I figured.
Ms. Hernandez: There's a few up there. And I understand that. We made the
recommendation based on the information that's out. This is what we have. It's not
saying that we can't. No one here is saying no. What we're letting you know is that
this is the best solution to start moving it forward. If during the research something
can, we can bring that back up. We can start looking, but if we can start moving on a
conceptual plan, then I would recommend we approve it as is, knowing that we can
start looking into the other sections. But as Angel stated, we do need to fix the
shoreline to have -- to raise that seawall.
Mr. Carrasquillo: Commissioner, this brings a sentimental value to a lot of people.
It's not the poll, it's personal. It's part of their growing and everything. I don't need to
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Chair King: Well, it may not be personal to staff:
Mr. Carrasquillo: Well --
Chair King: It is personal to the community.
Mr. Carrasquillo: But 1-- look and 1 am not pushing, right? So, I see at the complex
when a 75-year-old person is going to go up there with grandchildren, how is that
person going to go from there?
Chair King: Right, I don't -- I don't agree with the complex the way it is, the way it's
proposed. I think that's too much.
Mr. Carrasquillo: I understand.
Chair King: Whatever the will of the body is. Commissioner.
Commissioner Diaz de la Portilla: We can kill the proposal and have them come back
-- have the Administration come back with a different --
Chair King.. No, 1 don't want to kill --
Commissioner Diaz de la Portilla: Or, or, or we can defer it and we can talk about it
some more with the staff and everyone else and get more answers to our questions,
which is what 1-- the sensible thing to do is to defer it, I think.
Chair King: If we defer it, I'd like to defer it to a date certain.
Commissioner Diaz de la Portilla: The next (UNINTELLIGIBLE). Okay, we want to
do two meetings from now? Not the next one, but the one after that?
Chair King: Commissioner Russell?
Commissioner Russell: If the will is there to push it forward today, I'd love to push it
forward today. There's been a lot of compromise. Even the loop road was eliminated.
That's a compromise we brought back. It's a slightly smaller version of the loop road
so we can have more open playing fields. This whole thing is a product of
compromise. And I think it's gotten to a place where we simply need to make the
decision. I won't vote for a concrete wall to eliminate that natural shoreline. And for
me, that's the big change on VE to AE, and that affects where the pool is. And I didn't
want to move the pool, but I'm okay with it. It's a hard decision, but I'm ready to make
it. I don't know what else we can learn between now and a month from now or two
months from now, other than losing more time. The hardest part is going to be putting
all the money together. This -- the actual design should be the easiest part. None of
these specialists have a dog in the fight, but every one of our administrative
specialists is telling us the right thing to do, and begrudgingly, I want to listen to
them. I would rather do something else, butt want to listen to them. And I don't want
to be the one because of -- I don't want to make this a popularity contest of who wants
the pool where by public opinion. It's about science, it's about the right decisions, it's
about the sight lines, it's about what we want. Even the Nature Conservancy, they're
bringing hundreds of thousands of dollars to encourage us for natural shorelines and
they're going to continue to help us leverage funds and continue to improve this park.
But we got to go. I just don't know what else, I don't know what else we're going to do.
And I know it feels like a cornered trap because there are no other options. I don't
think any other options are going to come about. So, if the will is here, I'm ready to
move it today. If not, the sooner the better.
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Commissioner Reyes: Well --
Commissioner Diaz de la Portilla: Can we --
Commissioner Reyes: Madam Chair.
Commissioner Diaz de la Portilla: Can we move --
Commissioner Reyes: Madam Chair, I --
Chair King: Commissioner Reyes.
Commissioner Reyes: (UNINTELLIGIBLE) the vibes that I have, I don't think that the
Chair or Commissioner Diaz de la Portilla, they are convinced in what they're going
to be voting on. And I would share what it is asking is to have a little more time to
compare the pros and cons of both. I agree with you 100 percent that, you see, what
really convinced me that, I mean, the pool should be moved is that 18 feet wall, you
see, that has to be built. I mean, I'm not too sure that we have to do that and how high
we have to, I mean, that we have to place the pool. I'd rather see it -- keep it what it
was. I voted for it, and I was one of the proponents of that resolution, but we have to
also analyze and, follow the advice of our experts, you see. And 1 agree with you,
Madam Chair, that you got experts that can say one thing and one other, but that is
when they are hired, and we have -- also, that's what they said about politicians and
attorneys, that -- that we are influenced and we go one way or the other, you see. And
it's the same thing that they're saying, okay. I am an. expert, I used to do economic
feasibility analysis and I had a bad reputation because I call it the way I saw it. But
what I'm trying to say, Madam Chair, if you are more comfortable giving it a little bit
more thought, I will back you up.
Commissioner Diaz de la Portilla: So, Madam Chair, I want to move that we defer
until April 14, 2022.
Chair King: April 14.
Commissioner Diaz de la Portilla: Well, because we have to --
Commissioner Reyes: No, no, no.
Commissioner Russell: (UNINTELLIGIBLE).
Commissioner Diaz de la Portilla: Well, it could be then May, it could be March 24th.
The next meeting is March loth. Okay, we -- that's not enough time.
Chair King: March 24th --
Commissioner Diaz de la Portilla: Okay.
Chair King: -- will be the latest I will go out. And then we have to move.
Commissioner Diaz de la Portilla: I move that we defer to March 24th, 2022.
Chair King: Commissioner Russell.
Commissioner Russell: I was hoping that the Parks Director and the Capital could get
together with you over the next two weeks.
Chair King: I would support going to our next meeting, but if you --
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Commissioner Russell: That would he my preference, too.
Chair King: Because I'm set on where I am with this. My position is that --
Commissioner Diaz de la Portilla: Then I'll move again that we defer to March 10,
2022.
Commissioner Russell: Second.
Chair King: Second. I got a second.
Commissioner Russell: Yes.
Chair King: All in favor?
Commissioner Diaz de la Portilla: Three is the charm.
The Commission (Collectively): Aye.
Commissioner Russell: Thank you, everyone.
Chair King: Thank you. Okay, so it is now --
Commissioner Reyes: Lunchtime.
Chair King: It is now 12:24. We're going to adjourn this meeting and begin the Omni
CRA (Community Redevelopment Agency) meeting.
Commissioner Diaz de la Portilla: Correct.
Mr. Hannon: And Chair, just for the record, we're going to recess the City
Commission meeting, and Chair Diaz de la Portilla, ifyou can just give us two
minutes so we can get the tape ready.
Commissioner Diaz de la Portilla: Reset the tape.
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RE.4 RESOLUTION
11502
Office of
Management and
Budget
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
APPROPRIATIONS AND MAKING DE -APPROPRIATIONS AND
RE -APPROPRIATIONS RELATING TO THE GENERAL FUND FOR
THE 2021-2022 FISCAL YEAR OPERATING BUDGET AS
ORIGINALLY AUTHORIZED PURSUANT TO RESOLUTION NO. R-
21-0402 ADOPTED SEPTEMBER 23, 2021 ("ADOPTED
OPERATING BUDGET"), AND AS PREVIOUSLY AMENDED
PURSUANT TO RESOLUTION NO. R-21-0408 ADOPTED
OCTOBER 1, 2021 ("AMENDMENT #1 TO ADOPTED OPERATING
BUDGET"), AND AS PREVIOUSLY AMENDED PURSUANT TO
RESOLUTION NO. R-21-0462 ADOPTED NOVEMBER 18, 2021
("AMENDMENT #2 TO ADOPTED OPERATING BUDGET"), AND
AS PREVIOUSLY AMENDED PURSUANT TO RESOLUTION NO.
R-21-0512 ADOPTED DECEMBER 9, 2021 ("AMENDMENT #3 TO
ADOPTED OPERATING BUDGET"), AND AS PREVIOUSLY
AMENDED PURSUANT TO RESOLUTION NO. R-22-0025
ADOPTED ON JANUARY 13, 2022 ("AMENDMENT #4 TO
ADOPTED OPERATING BUDGET"), AND AS PREVIOUSLY
AMENDED PURSUANT TO ADOPTED ON
FEBRUARY 10, 2022 ("AMENDMENT #5 TO ADOPTED
OPERATING BUDGET"), ALL AS SET FORTH IN THE
ATTACHMENT "A" THERETO, ALL AS ATTACHED AND
INCORPORATED (COLLECTIVELY, "COMPOSITE ATTACHMENT
A" AND WHICH CONSTITUTE "OPERATING BUDGET
AMENDMENT #6"); AUTHORIZING THE CITY MANAGER TO
MAKE ANY NECESSARY CHANGES TO ADJUST, AMEND, AND
APPROPRIATE THE ADOPTED OPERATING BUDGET, FIVE-
YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI -YEAR
CAPITAL PLAN REGARDING CITY OF MIAMI SERVICES AND
RESOURCES AS NECESSARY AND LEGALLY ALLOWED;
RATIFYING, APPROVING, AND CONFIRMING CERTAIN
NECESSARY ACTIONS OF THE CITY MANAGER AND
DESIGNATED OFFICIALS AND DEPARTMENTS TO UPDATE THE
RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS,
ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN
CONNECTION THEREWITH AND FOR GRANTS AND OTHER
FUNDING SOURCES IN PROGRESS AND FOR NECESSARY
RELATED DOCUMENT NEGOTIATIONS AND EXECUTIONS, ALL
IN FORMS ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING
FOR APPLICABLE EFFECTIVE DATES.
ENACTMENT NUMBER: R-22-0079
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes
Note for the Record: For minutes referencing Item Number RE.4, please see Item
Number RE.1.
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RE.5 RESOLUTION
11515
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION OPPOSING
SENATE BILL 1024 ("SB 1024") AND HOUSE BILL 741 ("HB 741")
(COLLECTIVELY, "BILLS") PROPOSED DURING THE CURRENT
LEGISLATIVE SESSION AS THE BILLS WOULD HARM THE
ADVANCEMENT OF CONSUMER SOLAR ENERGY PRODUCTION
AND USAGE WITHIN THE STATE OF FLORIDA; DIRECTING THE
CITY MANAGER TO INCLUDE OPPOSITION TO SB 1024 AND HB
741 AS ONE OF THE CITY'S 2022 LEGISLATIVE PRIORITIES;
DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY
OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN.
RESULT: DISCUSSED
Note for the record: A motion was made by Commissioner Russell to approve Item
RE.5, however, motion died for a lack of second.
Note for the Record: For additional minutes referencing Item Number RE.5,
please see "Public Comments for allltem(s)."
Chair King: The February 24, 2022 Commission Meeting is reconvened. Welcome
back, everyone. We are now on RE.5. Yes.
UNIDENTIFIED SPEAKER: (UNINTELLIGIBLE).
Chair King: It's a resolution to oppose SB1024 and HB741, Consumer Solar Energy.
Commissioner Russell: Madam Chair?
Chair King: Commissioner Russell.
Commissioner Russell: Thank you. I'll be happy to make the motion in a moment, but
I'd like to make the case for the item. I had an excellent conversation this afternoon
with our governmental liaison from FPL (Florida Power and Light). I've enjoyed
working with him for years, especially when we have hurricanes, and our residents
need help, FPL has been there in a snap to make sure we get everything we need. In
this particular case, I feel that FPL is looking out fbr its pocketbooks at the expense of
our residents' ability to put solar on their roofs. And by his admission to me, if this bill
were to pass, the long-term results of this are that a resident with solar panels on
their roof would lose the revenue they're gaining from FPL when they sell their
electricity back by up to 60 percent. By up to 60 percent. This was his statement to me
today. Let's say, for example, right now they're making 10 cents a kilowatt, when this
is done, they'll be making 4 cents a kilowatt. And so, this is a disincentive to put solar
on your house. The idea that the cost gets passed on to the (Comments made in
Spanish not translated) and the towers who don't have the ability for solar I do not
believe is true. I believe it affects the bottom line of FPL. But what our priority should
be is making sure our residents have the best incentive and the best return for putting
solar on the rooftop. And it's not partisan. I was talking to Mayor Lago who's got
solar panels all over his rooftop and he sells it back to FPL. This would affect him in
a negative way on the money he's able to earn and pay off those solar panels and net
meter with his house. So, I do believe we have a reason to oppose this in its current
Arm at the state level. So, I would -- with that I'm happy to hear from others, but I'll
be happy to make the motion when it's time.
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Commissioner Reyes: Madam Chair?
Chair King: Commissioner Reyes, you have to talk into the mic.
Commissioner Reyes: It is not necessarily like that from what 1 do understand. Right
now, if you have solar panels, you get -- you can sell -- you sell it at a cost higher per
kilowatt like anybody else pays. And this, what it does, 10 years from now, is going to
do is that then what is produced by solar panels, that they are going to buy it but at
the same rate that people pay. You see, right now, we are -- it is true that we're
subsidizing those people that have solar panels because the -- the FPL is buying at a
higher rate, you see. That's what I do understand. That's what I understand. It is not
that you're going to lose that whatever is produced and then FPL is going to get that
benefit without paying whoever has the solar panel. Now they're paying a different
rate. They're paying a much higher rate.
Commissioner Russell: No, they're paying the same rate. They're paying the sane
rate.
Commissioner Reyes: No, they're going to pay the same rate in 10 years from now.
That's how it is.
Commissioner Diaz de la Portilla: Madam Chair.
Chair King: Please.
Commissioner Diaz de la Portilla: Yes. So, we can get again into the details. I have
both bill analysis here, I don't know if you've read them or not, but they both say this
really is -- FPL is going to do is going not to -- it's not going to impact their bottom
line. It will not impact their bottom line. What FPL will do is pass on the cost to the
abuelitas and abuelitos that you mentioned. That's what will happen. So instead of
going through all the bill analysis, I read them both last night. 1'll give them to you,
I'll give them to the Clerk and give them to you so you can read them. And both
analysis, both the Senate Bill 1024 and House Bill 741 say the same thing. It is a
spreading of the cost for solar energy for people that can afford it and the spreading
of that cost impacts people that cannot afford it. So, in my district, in Commissioner
King's District, in Commissioner Reyes' District, and in Commissioner Carollo 's
District, this would adversely impact our constituents. In your district, the people that
live, that have wealth, and can afford luxuries like solar panels, renewable energy is
important, we want to make it affordable for everyone, but that's not the case today.
That's not the case. The only people that can put solar panels in their homes are the
people that have wealth and means to do it. Today, 10 years from now, they'll be
affordable, oil will be gone, all these things that you're predicting are going to
happen may or may not happen. But today, this has an adverse negative financial
impact on the people I represent, that elected me, and I can never vote for any
resolution that will support this. On top of that, second, if I may, Madam Chair, what
it does also is that you once again bring up an item that has nothing to do with the
City Commission.
Commissioner Russell: It affects my, residents directly.
Commissioner Diaz de la Portilla: No, the residents are not directed -- you are -- this
is a campaign issue. If you -- you're not a State Senator, you're not a State
Representative, you're a City Commissioner. So what we do here is the work the city
commissioners do every once in a while on an issue that we all agree on, right? On an
issue that's of major importance for the whole City, we get together and we say, let's
do a resolution to urge Tallahassee or Washington to do this or do that. We've done
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that with things that you have proposed. American Rescue Plan is a great example of
that. But we have a list of legislative priorities in Tallahassee. The session ends the
first week of March, in a couple of weeks, and our lobbying team, which we're paying
a lot of money, is working hard to get our priorities, our appropriations items done,
and now we're going to saddle them with additional stuff that, number one, is going to
pass. You know it's going to pass. It's cleared three committees in the Senate already.
It's ready for floor action in the Senate and it's going to clear another committee
today in the House and it's going to be heard because both leadership in both the
House and the Senate support it. So, it's going to pass and that's a reality. And to me
to vote for something that takes away from my constituents, for people who want to
put solar panels in their home that can afford it when they can't, I can never support
it.
Commissioner Russell: Thank you. Madam Chair.
Chair King: Commissioner Russell.
Commissioner Russell: I just need to respond and every time it's brought up I will
respond.
Chair King: Please.
Commissioner Russell: This is not -- but if he brings it up, 114411 respond.
Chair King: Okay.
Commissioner Russell: In my very first meeting as a commissioner in 2015, I brought
up a resolution urging the governor to support President Obama's Clean Power Plan.
We've been doing this for seven years. It's not about running for office. It's about
advocating for what we care about for our constituents and that's why we've been put
in office. We may disagree on this because you may feel that your constituents are
differently impacted by this than my constituents. I disagree. I think there's new
programs that almost anyone can put solar on their roof and actually net meter out
their entire electric bill without money out of pocket. And this actually would upset the
balance of that formula because you will earn less for the -- with a net meeting that
you sell back to FPL than what you buy from them. And so that's why I'm bringing it.
But I understand. I don't mean to get in an argument with you. If the support is not
there from this body, we're not there. I'll make the motion if it dies without a second,
that's fully fair. That's democracy in action. But the accusation that this is political,
I'm just advocating for my residents, and always have. I'll move the item.
Chair King: Do I have a second? I don't think 1 need a second for discussion because
we discussed it. So, the motion dies for a lack of second. Yes.
Commissioner Reyes: Next.
Commissioner Diaz de la Portilla: Your timing is impeccable, Commissioner Carollo.
Commissioner Reyes: Yes, it's impeccable.
Commissioner Diaz de la Portilla: I love it.
Chair King: Okay. We are --
Commissioner Diaz de la Portilla: It died already. The solar energy one.
Commissioner Reyes: It died.
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Vice Chair Carollo: I mean, I'm not getting my discount to put one up.
Commissioner Diaz de la Portilla: You were doing solar panels?
Commissioner Reyes: You're going to get it at a regular rate.
Vice Chair Carollo: Well --
Commissioner Reyes: Not at a preferred rate.
Commissioner Diaz de la Portilla: How many solar panels do you have at Little
Havana, Commissioner?
Vice Chair Carollo: Not enough.
Commissioner Diaz de la Portilla: Yeah, I agree.
Vice Chair Carollo: Not enough. You know, what they do in Tallahassee, sometimes
there's very little we could do. But this one, I, you know, I wish they would do more up
there so that it becomes more accessible to people. What was the vote?
Commissioner Russell: It died for lack of second, but it will decrease the amount our
residents get from having -- from FPL by 60 percent.
Commissioner Reyes: What, what, what, excuse me --
Commissioner Diaz de la Portilla: I thought we voted on it already.
Chair King: That's right, let's not -- let's not --
Commissioner Reyes: That's right, but just for future legislation, try to lower the cost
of the solar panel and you will do a better service for the people.
Chair King: I don't think that's Commissioner Russell. He was just trying to advocate,
and I don't think it was politically motivated, just so you know.
Commissioner Russell: I know, but Joe seems to like solar. I was just seeing if he was
going to reconsider the item. We can move on. Thank you.
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RE.6 RESOLUTION
11488
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A PURCHASE AND SALE AGREEMENT
("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE,
BETWEEN THE CITY OF MIAMI AND ELBA MONTES, F/K/A ELBA
HERNANDEZ, FOR THE ACQUISITION OF REAL PROPERTY
LOCATED AT 713 SOUTHWEST 63 COURT, MIAMI, FLORIDA
("PROPERTY") FOR A PURCHASE PRICE OF FIVE HUNDRED
THOUSAND DOLLARS ($500,000.00); FURTHER AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND
ALL OTHER NECESSARY DOCUMENTS, INCLUDING
AMENDMENTS AND MODIFICATIONS TO THE AGREEMENT, ALL
IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE
NECESSARY TO EFFECTUATE THE ACQUISITION OF THE
PROPERTY; ALLOCATING FUNDS FROM PROJECT NO. 40-
B213414, DISTRICT 4 PARK AND AFFORDABLE HOUSING LAND
ACQUISITION, IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED
FORTY-FIVE THOUSAND DOLLARS ($545,000.00) TO COVER
ALL COSTS OF THE ACQUISITION OF THE PROPERTY,
INCLUSIVE OF THE COST OF SURVEY, ENVIRONMENTAL
REPORTS, TITLE INSURANCE, ATTORNEYS' FEES,
DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE,
AND ALL RELATED CLOSING COSTS ASSOCIATED WITH THE
ACQUISITION.
ENACTMENT NUMBER: R-22-0080
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes
Note for the Record: For minutes referencing Item Number RE.6, please see Item
Number RE.1.
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RE.7 RESOLUTION
11140
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPORTIONING THE REMAINING MIAMI
FOREVER BOND LIMITED AD VALOREM ("MIAMI FOREVER
BOND") FUNDS ALLOCATED TO SEA LEVEL RISE MITIGATION
AND FLOOD PREVENTION ("SLRMFP") IN THE TOTAL NOT TO
EXCEED OF AMOUNT OF ONE HUNDRED SEVENTY-SEVEN
MILLION, EIGHT HUNDRED SIXTY-FIVE THOUSAND, SEVENTY-
TWO DOLLARS ($177,865,072.00) TO EACH COMMISSION
DISTRICT AS INDICATED IN EXHIBIT "A," ATTACHED AND
INCORPORATED, FOR THE COMMISSIONER OF EACH
DISTRICT TO ALLOCATE AND APPROPRIATE BY FUTURE
RESOLUTION(S) TO ELIGIBLE PROJECTS; FURTHER
APPORTIONING FIVE MILLION DOLLARS ($5,000,000.00) FROM
EACH COMMISSION DISTRICT'S APPORTIONMENT FOR A
TOTAL AMOUNT OF TWENTY-FIVE MILLION DOLLARS
($25,000,000.00) TO FUND CITY-WIDE SLRMFP PROJECTS AS
INDICATED IN EXHIBIT "A," ATTACHED AND INCORPORATED,
FOR THE CITY COMMISSION TO ALLOCATE AND APPROPRIATE
BY FUTURE RESOLUTION(S) TO ELIGIBLE CITY-WIDE
PROJECTS; ALL ALLOCATIONS OF MIAMI FOREVER BOND
FUNDS BY THE CITY COMMISSION TO ELIGIBLE PROJECTS
ARE SUBJECT TO THE CITY OF MIAMI TAKING ANY AND ALL
NECESSARY ACTIONS TO AMEND THE MULTI -YEAR CAPITAL
PLAN AND COMPLIANCE WITH ALL APPLICABLE LAWS, RULES,
REGULATIONS, AND AUTHORIZATIONS, INCLUDING BUT NOT
LIMITED TO, FEDERAL LAWS, STATE LAWS, THE CHARTER OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND THE MIAMI
FOREVER BOND VALIDATION ORDER.
ENACTMENT NUMBER: R-22-0081
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes
Note for the Record: For minutes referencing Item Number RE.7, please see
"Order of the Day" and Item Number RE.1.
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RE.8 RESOLUTION
11516
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE
PROJECT TITLED "MIAMI FOR EVERYONE RENTAL
ASSISTANCE PROGRAM," ATTACHED AND INCORPORATED AS
EXHIBIT "A" ("PROGRAM'), AND ALLOCATING AND
APPROPRIATING FUNDING IN AN AMOUNT NOT TO EXCEED
FIVE MILLION DOLLARS ($5,000,000.00) FOR THE PROGRAM TO
PROVIDE ASSISTANCE TO MIDDLE CLASS CITY OF MIAMI
("CITY") RESIDENTS WHO ARE UNABLE TO ABSORB DRAMATIC
RENT INCREASES; FURTHER AUTHORIZING THE CITY
MANAGER TO ALLOCATE AND APPROPRIATE, AN AMOUNT
NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND, TWO
HUNDRED FIFTY-ONE DOLLARS AND NINETEEN CENTS
($250,251.19) TO THE DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT FOR THE ADMINISTRATION OF
THE PROGRAM.
ENACTMENT NUMBER: R-22-0082
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Russell, Reyes
ABSENT: Diaz de la Portilla
Note for the Record: For additional minutes referencing Item Number RE.8, please
see "Order of the Day."
Chair King: Okay, so we're going to take up RE.8 now, Miami Forever for Everyone
Rental Assistance Program. Can we have someone from staff the Mayor's Office? We
had a few questions this morning that we'd like to clear up. One of the questions was
we wanted to make sure that this money was going strictly for rental assistance. Oh,
Nick, you have to speak into the mic.
Nikolas Pascual: Good afternoon, Nikolas Pascual, Chief of Staff to Mayor Francis
Suarez. The way that the program is currently set up, they would be receiving a gift
card which has some merchant restrictions on it, so you wouldn't be able to withdraw
money or buy alcohol with it, but you could use it, for example, to purchase gas,
groceries, or medicine, if needed so. Now, I will -- so essentially that would give the
residents additional money to pay for rental assistance, but if the will of this body is to
have it be switched to be a check directly to the landlord, I spoke to George about it,
and we can also have it so that it's strictly for rental assistance. So, the thought
process behind it was that if you're saving money on your gas and medicine, and
groceries --
Commissioner Reyes: Madam Chair --
Mr. Pascual: -- you can move that money towards the rental system.
Commissioner Reyes: That is what was announced when we had that press conference
that it was going to be for rental assistance. Nobody talked about gasoline or
groceries or going to the movies. You see, it was strictly --
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Mr. Pascual: For rental assistance.
Commissioner Reyes: -- for rental assistance. Those people that were victim of an
increase.
Mr. Pascual: The rent increases by more than 20 percent.
Commissioner Reyes: That's right.
Mr. Pascual: And then this is for the 80 to 100 AMI (Area Median Income).
Commissioner Reyes: 80, oh, it was below.
Mr. Pascual: Well, below, correct.
Commissioner Reyes: Below 100, from 80 to 60.
Mr. Pascual: Correct, exactly. So, but again, if the will of the body is to have it be a
check that is sent directly to the landlord to cover rent, we're more than willing to do
that with it. We were partnering up with MasterCard on the debit cards.
Vice Chair Carollo: See, the problem is, Nick, that all that you're saying is fine and
dandy, but we should have been told that from the beginning that it was much more
than rental assistance. And inflict, I will go even a little further. I remember that
before the rental assistance was announced, the Mayor said on TV that it was going
to go to affordable housing. Then I didn't hear any more on that. It went to rental
assistance, which is fine because it's also --
Mr. Pascual: Correct.
Vice Chair Carollo: -- very much needed. But the problem is now that this is wide
open. And it's wide open to many other areas, and frankly, I don't want to get even
into the area of the potential of abuse with cards, with anything else where it -- from
my point of view, this should be limited strictly to rental assistance, which is what was
announced, and there should be, one, a limit, whatever amount of months we agreed
on that it's going to be for; and --
Mr. Pascual: For six months.
Vice Chair Carollo: Six months is fine, and there's a reason that I'm saying that.
Secondly, it should be broken down into the districts so that each of us has some say-
so in each of our districts. I don't know who's going to end up handling this, and then
this is going to be like, you know, a food card again, a gas card, whatever, that, you
know, how was it going to be given out? Each of us know our district needs even more
so. So, we should be on top of that for our own districts to working with whomever.
You know, a quarter of a million bucks is a lot of money to give anybody to handle
this. That's $50, 000 per district. But --
Mr. Pascual: Correct. That was going to be handled by Community Development, in-
house, and where there's financial obligations that we have to pay the department
because a lot of their funding is federal so they're tied up on certain things that they're
allowed to work on.
Vice Chair Carollo: Now, the --
Mr. Pascual: So, it will be handled in-house and I have no problem dividing it up per
district.
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Vice Chair Carollo: The other part is that if in six months, like we had before, we
have monies that are still available, that we have the option in each of the districts to
-- the amount of monies that are available, to turn that into affordable housing, like I
understood originally the Mayor was thinking about.
Mr. Pascual: Right, 1 would consider that a friendly amendment, Commissioner.
Vice Chair Carollo: They are friendly amendments.
Mr. Pascual: Yeah.
Vice Chair Carollo: I mean, there's nothing here --
Mr. Pascual: At all.
Vice Chair Carollo: -- that is not unfriendly. Because we're keeping the spirit of both
needs. The spirit of providing the funds for people that truly need rental assistance,
and then if there's money left over, it's in affordable housing. So, what I would like to
propose is that we have it strictly fbr rental assistance going directly to landowners.
This way we know that the money didn't, you know get lost in --
Commissioner Reyes: Be misused.
Vice Chair Carollo: -- something else, and that it is broken up through the same
guidelines that we always use in determining what districts are the poorest on --
Chair King: API (Anti -Poverty Initiative).
Vice Chair Carollo: -- API, and that if within six months time from the time that this is
passed, there're monies left over, that each individual district has the option of
whether to go on with the program for additional time or to convert the remaining
dollars into affordable housing for the district.
Commissioner Reyes: Madam Chair?
Chair King: Yes.
Commissioner Reyes: I also want to include that we should define who is eligible. And
when you say rental assistance, it's going to be rental assistance of those people that
have -- that their rent has been increased or people that are residents that have not
been able to pay because of COVID or because of whatever reason is in arrears --
Mr. Pascual: That is a hardship.
Commissioner Reyes: -- you see. We have to clearly define who is going to be eligible,
because -- but just by naming and rental assistance, that could be anybody who would
come in and apply for assistance. That have to be those people that have been a victim
of a rent increase within the last three or four months, or six months, or people that
because of an economic hardship have not been able to pay in the last three or four
months, whatever we decide the time.
Vice Chair Carollo: I think, and you're very correct, Commissioner, I think if we
would put some guidelines --
Commissioner Reyes: Yes.
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Vice Chair Carollo: -- and I'm willing to he very generous.
Mr. Pascual: Yeah, currently --
Vice Chair Carollo: -- anyone that has had a rent increase that they could show
within the previous 60 days or going to the following 60 days of 5 percent or more,
that's very generous, could apply, --
Commissioner Reyes: For that amount.
Vice Chair Carollo: -- for that amount, or anyone that can show that they had a
hardship where either through layoffs, because of the economy, or of health, they
have not been able to work or have been laid off of work, those are the others that can
apply for it.
Mr. Pascual: Okay, so currently the program, just so you get the parameters that
were put in there as a baseline was that they had to be residents of the City of Miami
for at least three years.
Vice Chair Carollo: Well, of course.
Commissioner Reyes: Of course, of course.
Mr. Pascual: Because we didn't want someone that recently moved in just in the last
year to receive funding.
Vice Chair Carollo: Yeah. That I saw and I thought it was very good, yeah.
Mr. Pascual: As well as showing proof that your rent has gone up and we had the
baseline at 20 percent increase.
Vice Chair Carollo: 20 percent increase?
Mr. Pascual: 20 percent increase before you received financial help and it would be
up to a thousand dollars a month for six months that you can receive.
Vice Chair Carollo: Okay well look, I would go along with that that the Mayor's
proposing that's stronger than, you know, what we're given or saying as a possibility,
and I'll go along with that.
Commissioner Reyes: I'll go along with that too. Also --
Vice Chair Carollo: 20 percent.
Commissioner Reyes: -- but we have to also define the income range, you see 80 --
below 80 AMI.
Mr. Pascual: Correct. The program is from 60 to 100 AMI, so anyone that falls in that
group.
Vice Chair Carollo: Okay.
Commissioner Reyes: Okay.
Vice Chair Carollo: That I'm fine with, so we include that as part of --
Chair King: City or County? Are you using City or County?
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Commissioner Reyes: But also, let me ask you something --
Mr. Pascual: Excuse me?
Commissioner Reyes: -- I don't want to limit it from 60 as a --1'm going to give you
an example, and you have it also, Commissioner. You have that. We have, and you do
too, we have a lot of seniors.
Mr. Pascual: Correct.
Commissioner Reyes: Seniors that they are living in a senior housing and
unfortunately they have been victim of rent increases, you see, as high as $90 a
month, you see.
Mr. Pascual: Correct.
Commissioner Reyes: Now those seniors, if you say 80 percent of AMI, those seniors
will not qualify because 80 percent ofAMI, it is $48,000 a month -- a year. Those
seniors, they are 20 percent or less ofAMI. So, I would say below 80 percent.
Mr. Pascual: The thought process behind that was because we still have some senior
rental assistance programs that are active that have over two million dollars that are
still available for the seniors and we were trying to catch --
Commissioner Reyes: Then we have to define that the seniors, they have another
program that we will have --
Mr. Pascual: Help them with.
Commissioner Reyes: Okay?
Mr. Pascual: Okay.
Chair King: Nick.
Mr. Pascual: Yes?
Chair King: Are you using the City's AMI?
Mr. Pascual: The City's AMI, correct.
Chair King: Yes. Just making sure.
Mr. Pascual: Yes.
Vice Chair Carollo: Well --
Commissioner Reyes: No, no, we are not -- are you using the City AMI? What is the
City AMI?
Mr. Pascual: For 60 percent?
Commissioner Reyes: No, no, for the AMI. City AMI
Mr. Pascual: I'm not 100 percent sure. I would ask George on that question.
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Commissioner Reyes: You see, when you do make a statement and that makes sure,
because most of the time, and correct me ifI'm wrong --
Chair King: We use the County --
Commissioner Reyes: -- Mensah, when we use the term AMI, we use the County AMI,
which is $60,000. And that has been my -- that has been my battle since I came here.
The first day that I came here, I'm saying, you're doing it wrong. So, we have to be
very carefid when we say AMI.
Mr. Pascual: George just corrected me. We're using the County AMI.
Commissioner Reyes: Yes.
Chair King: Wait, it's a City program. It's our program, so I don't think --
Commissioner Reyes: We should --
Chair King: -- and it's the Miami Coin, so I don't think that we should be held to
County's AMT.
Commissioner Reyes: County AMI I agree --
Chair King: This is for -- this is for the City of Miami and it's for City of Miami
residents, so we should use the City's AMI.
Vice Chair Carollo: Absolutely.
Commissioner Reyes: Absolutely.
Vice Chair Carollo: The other area that 1 want to make sure that it's clear and is part
of this resolution, that the priorities for these funds will be focused first and foremost
on seniors, residents, and on families with children.
Commissioner Reyes: Yep.
Vice Chair Carollo: So that should be the focus. I mean, in all frankness, there might
be some young guys like you and, well, like you and your --
UNIDENTIFIED SPEAKER: (UNINTELLIGIBLE).
Vice Chair Carollo: -- yeah, out there. You know, I look to the dais, and I didn't see
such young guys anymore that might need help, but, you know, you guys could find --
guys like you, should I say, could find ways that senior or families that have children
will not. So, I want the focus to be first and foremost on the top of the feeding line,
seniors and families with children.
Chair King: We can't hear you.
Todd B. Hannon (City Clerk): Sorry, on the record.
Chair King: You have to speak into the mic. Introduce yourself please.
Eddy Leal: Good afternoon, Eddy Leal from the Mayor's office. If I could have,
Commissioners, ten seconds to confer with my Chief of Staff. I have an idea that I
thinkl vetted it briefly with the City Attorney's Office that think would be -- would
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bring all the issues kind of together and I think it addresses the gamesmanship that is
possible in the application process. Just 10 seconds.
Vice Chair Carollo: Okay if you go over 10, we'll be putting the motion and voting.
Chair King: Todd, put the timer on. Put the timer on, Todd.
Vice Chair Carollo: Madam City Attorney, 1 hate to interrupt that lovely conversation
Victoria Mendez (City Attorney): We were talking about this item.
Vice Chair Carollo: I know, I know.
Ms. Mendez: I was explaining to him his option, which he's about to tell you.
Mr. Leal: Yes. Wait, did I make the 10 seconds? I did not see anything, but here's the
idea.
Vice Chair Carollo: Ten and a half we'll let you go.
Mr. Leal: Thank you. So, I heard the conversation, Commissioners', and I understood
the gamesmanship and the concern. I would propose that, as you consider priority,
because this is a reasonable amount of money, but as we all know, the need
overwhelmingly exceeds the supply that this funds could do. What I would suggest is
that we wait until there's in fact an eviction proceeding filed because then -- why I say
it is because then there's no potential collusion between the landlord and the tenant
trying to figure out, well if you apply I can get you more money and who do we give
priority when presumably there's been in filing and you've posted a three-day --
excuse me, you've posted a three-day notice and the filing has occurred, then the
numbers are there, there is some record that we can make a determination. It is a
little bit later in the game because the filing has occurred, but it really helps. I know
that some of us are very stickler about the paperwork and getting everything
formalized. That is a way where you formalize a process because there's been a filing
that has occurred and there's a three-day notice and it's an idea.
Vice Chair Carollo: Well, look, Pm willing to go along with that, but let me tell you
what I see with that. It's going to limit tremendously the amount of people that are
going to be able to apply and be helped, and I think you're going to have a lot of
money left over after six months.
Chair King: Well wait, let me let me say something. That's flawed because once there
is a filing, the landlord is here.
Commissioner Reyes: That's right.
Chair King: And the landlord is not going to be willing to pull that eviction back
without some assurance that they're going to receive the assistance. And landlords
are very skeptical of these kinds of programs. So, you have a tenant here in a very
tenurable situation because they're facing eviction and as we have seen, no offense to
staff' the City doesn't work timely. So, with the eviction, the landlord is now out maybe
three months, it takes another month or two to get the assistance, so the landlord has
not been paid for potentially five months now. And then if it doesn't work out, they still
have to move, forward with the eviction, and it's been taking some time. So, I don't like
that, to wait until someone is being evicted.
Commissioner Reyes: Madam Chair.
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Vice Chair Carollo: That and I will say that I'm not so sure if Mr. Leal has the power
of attorney from the Mayor to make such wide changes. I don't know. Do you have
that or not?
Chair King: I think the assistance certainly could be available for someone facing
eviction, but 1 don 't think we should wait for someone who has -- has received an
eviction complaint. I think that's troublesome.
Commissioner Russell: 1 agree.
Vice Chair Carollo: You're right, Chair.
UNIDENTIFIED SPEAKER: You're absolutely right.
Commissioner Reyes: Madam Chair.
George Mensah (Director, Housing and Community Development): Madam Chair.
Commissioner Reyes: Okay, hold on a second. You see, I want to add to what Madam
Chair is saying. Once a landlord places an order of eviction, that person -- that
landlord, finished with the tenant. You see, if you will say that we will probably help
the person evicted to find -- I mean -- or give them some money to be able to give a
month, security, or whatever, that is different. But that will not stop them. But we
have, we have now, at this moment, I can take you to Robert King High, I can take
you to Smathers, and you can line up all those people that live there and they have
received notice of rent increases. All of them, you see. And those are people that at
this moment, they are the most affected part of our population because they are
retirees that have a fixed income that the purchasing value of that fixed income has
been substantially reduced by the inflation rate that we are experiencing at this
moment that is close to 8 percent, you see. So, I think that we have to take care of
those people.
Mr. Leal: I understand and I hear you loud and clear in terms of the potential delay. I
just offer this because I have seen this work.
Chair King: Right, well is -- I -- I practiced that and when my landlord -- when my
client who's a landlord comes to me to evict someone, I don't even askfor the money I
askfor a possession which means I only have to give them five days to respond and --
Mr. Leal: I have filed evictions as well.
Chair King: Right? So, you understand what I'm saying.
Mr. Leal: What I -- no, no, what I was going to offer, if I may, and I'll leave it like
that, (UNINTELLIGIBLE) were just having a conversation and I know they give me
enough rope to hang me upstairs. I know, commissioners.
Vice Chair Carollo: You're doing a pretty good job.
Mr. Leal: What I was trying to say, the landlord typically, if it's only for a monetary
component, they will say, if I can get the three or four months that I have not paid,
and I get maybe a month or two in addition, and the landlord makes an agreement
with the person tendering the money, in this case it would be the City of Miami, then
you keep that person in that home, the landlord recovers all that's past due, and then
some, it is a good incentive. I agree with you, most landlords, they just want the
person out, get me possession. But if that person can recover three or four months of
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past due rent, maybe a month or two in addition, and sign an assurance that they will
not take any actions against that person, you have really preserved that location. I
agree with you. The system takes time to review. It takes time for us to get an
application. But in that scenario, the landlord, if it's being incentivized by monetary
impact, you're saying, I'm walking away, I'm taking possession, I'm walking away
with possession only, but in my, scenario, you would be getting the three months of
past rent, two additional months, and an assurance that that person has paid you in
fidl. I agree some landlords would say, I don't want to hear about that person
anymore, but in some cases --
Chair King: Right, in some cases, but in most cases, what happens on the sixth
month? Because there's no --
Mr. Leal: Oh, no.
Chair King: What happens for the sixth month? You understand?
Mr. Leal: Yeah, of course.
Chair King: So --
Mr. Mensah: Madam Chair.
Mr. Leal: Thank you.
George Mensah: Madam Chair, I wanted to, this is George Mensah, Director of
Housing and Community Development. I wanted to remind the Commission, the City
Commission.
Chair King: We can't hear you, George. Just pull it closer.
Mr. Mensah: Okay. I just wanted to remind the Commission that we still have an
emergency rental assistance program right now from the Treasury. We received $40
million for ERA -I, which has been spent. We received additional $22 million. The
first $9 million came to Commission, which was approved, and about 3 days ago,
received an additional $6 million. That is still ongoing. That is helping residents who
are in eviction or when we pay up to 12 months of rent and 3 months advanced rent.
So, this program is still going and we'll be meeting with each of you to try to help us
to get -- to move it out there because the momentum has gone down and so be
reaching out to -- to help us, you know, when you go to radio or TV (television) that
you can mention the program because we still need to make sure we spend those
funds. So, this program is supposed to be different from the program we're currently
running --
Chair King: Yes, I --
Mr. Mensah: -- because not everybody --
Chair King: Right, I understand.
Mr. Mensah: -- can qualify, yeah.
Chair King: I'm a co-sponsor of the Mayor's -- I love the concept of -- well, I didn't
like the gift card and you can just go spend the money on anything because then
they'll get the gift card and then go to George and get rental assistance. So, I think,
you know, for what the Mayor intended, it's for rental assistance and it's for people
that got rent increases, and I just -- maybe we need -- we need to bake it a little
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longer. Maybe it's not ready because I support it, just, you know, my colleagues have
some concerns and, you know, the eviction part.
Mr. Pascual: Drop that. We can drop that.
Chair King: Yeah, that's just not.
Mr. Pascual: Yeah, but as far as it being direct payments to the landlords, that's --
we're more than happy to do it.
Chair King: Right, I think direct payments to the landlord is appropriate.
Commissioner Reyes: Let's finish this up.
Vice Chair Carollo: I just have one or two questions to the City Attorney before we
vote on it.
Mr. Pascual: Okay.
Vice Chair Carollo: And this is just to protect the City more. The -- Madam City
Attorney, from what 1 understand, the City coins, they've identified and held those
harmless, correct?
Ms. Mendez: Yes.
Vice Chair Carollo: Have you checked to see that this all been signed?
Ms. Mendez: Yes, Commissioner. When you asked me to do that, it's all signed.
Vice Chair Carollo: Okay, now, that's number one, which is important. Two, the
whole harmless is only as good as the financial standing of the people that are giving
it, or the corporation. And forgive me, but I'm not that knowledgeable on all the
crvptocurrency or the Bit-- City Coin or all that. I'm just trying to look at it from a
business point of view that before we spend this, we're safe and we're not facing down
the line any lawsuits that we don't know about right now. Am I correct in what I've
asked, that the whole harmless is only as good as the financial standing, unless there's
a bond from the people that are giving it?
Ms. Mendez: You are correct that if they were to go belly up or, you know, or be
insolvent, it could be a little more difficult in collecting. You are correct.
Vice Chair Carollo: Well, do we know the financial standing? I mean, frankly, I don't
even know who's behind this City Coin. Do we know their financial standing --
Ms. Mendez: My, understanding --
Vice Chair Carollo: -- right now?
Ms. Mendez: -- is that the Administration did due -- due diligence on the corporation,
the Delaware Corporation, and the persons involved in the -- to make sure that they
were reputable.
Vice Chair Carollo: Well, last time I asked the Administration on that, I didn't like the
answers. I don't want to get into it, it had to do with a former employee. But Mr.
Manager, seeing that the Miami Coin has dropped tremendously, I think it's down to -
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Arthur Noriega (City Manager): Four -tenths of a cent.
Vice Chair Carollo: Yeah, I don't know, it's down by what, 95 percent or something
like that?
Mr. Noriega: Well, from its peak, correct. But when it IPOd (Initial Public Offering),
it was less than one -tenth of a cent.
Vice Chair Carollo: Yeah, well, its peak usually is, unless it's something that keeps
going when you first do your first IPO.
Mr. Noriega: Right.
Vice Chair Carollo: (UNINTELLIGIBLE).
Mr. Noriega: From its conception, it's up about 350 percent.
Vice Chair Carollo: So, you know, if it's down so much, now these people night have
made their money early on, so they might have a lot more money than when they first
started, so they might be in a healthier situation. But looking at it, that this has
dropped some 95 percent, it concerns me as to what their financial circumstances
could be. Do we have any idea that if, for any reasons in the future, any unforeseen
reason, suits begin of this, that -- and they include the City of Miami, that these people
are going to be able to hold up the contract that they gave us, that they would hold us
harmless, that they would pay our attorney fees?
Mr. Noriega: I'd have to see kind of what specific -- I haven't seen the language, so I
don't -- and I certainly don't have it in front of us in terms of whatever the MOU
(Memorandum of Understanding) is. So, I don't know how airtight that language is
relative to, you know, our defense, but obviously if they went belly up, that's sort of
pointless at that point. So, I know we've collected the $5 million, so the issue is what
liability do we have if they're sued or we're sued, right?
Vice Chair Carollo: Yeah, but my concern, to put it plainly, is here we get this money,
we're spending it in a rightful way that's going to help our residents the most, but
what if somebody that lost amount, or a group of them, or some savvy attorney, Mr.
Winker here, might -- he's not here, but say a Mr. Winker, a Mr. Winker type, will get
a handful of these people and decides to sue them, and he's going to include the City
of Miami, because we agreed for the 30 percent we were getting that they were going
to use our name. And you see where Pmgetting at. And I have no idea if this could
happen or not. I'm only asking just to what level of protection does this whole
harmless really goes to? Before we spend five and a quarter million dollars, that we
spend it, and we might not have it for legal fees if ever we need it. Then again, maybe
the best thing to do is spend it because they could go and try to get an injunction to try
to freeze it before we spent it.
Ms. Mendez: Commissioner, I think that the agreement as we drafted made sure that
we made no representations, made sure that we were not partners with them, it was a
gift. We -- there were -- we covered that because you and Commissioner Reyes both
brought up the fact that this could be difficult for us in the future, so we made sure
that our agreement was tight. We think it is, but I understand your concerns and we
should be okay.
Vice Chair Carollo: Okay, well --
Ms. Mendez: The other thing is that anything that -- because I know that some of the
concerns may be -- well, we'll talk about additional ones, but I think we're okay.
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Vice Chair Carollo: Okay, butt needed to ask these questions before I would vote to
spend this money. I think the Mayor had the hest intentions when he brought this up,
and while it might have lost millions to others, and I feel for them, you know, it's
brought us some money. 1 hate to see who were the ones that lost it, butt would
imagine that the majority of those people were investment funds and what have you
that it's not like you're Joe the Plumber that put in $1, 000 into it, 1 would imagine. At
least 1 would hope so. So, you know, I've asked my questions, it's on the record. Both
of your statements are on the record. And I will now present a motion with the
amendments that both 1 and the Chair and Commissioner Reyes have presented.
Commissioner Reyes: Yes.
Mr. Hannon: Chair, Commissioners, I just want to make sure we captured the
amendments correctly, so whenever you have a moment, I'd just like to make sure
we're all on the same page.
Vice Chair Carollo: Go ahead. Go ahead.
Mr. Hannon: Thank you, Commissioner Carollo.
Vice Chair Carollo: Go ahead.
Mr. Hannon: So, one of the amendments is -- is it the $5,250,251.19 that would be
broken up, or divided up, excuse me, divided up into the five districts using the City's
AMI? Is that the correct amount?
Vice Chair Carollo: Yes.
Ms. Mendez: The City's API.
Chair King: API.
Vice Chair Carollo: API.
Mr. Hannon: I'm sorry.
Chair King: The City's API.
Mr. Hannon: Yes, API.
Chair King:: And when considering the AMI, we're using the City's AMI.
Mr. Hannon: Okay. Another amendment that I have is that if the six months expire
and there's still money available, that money can either be used, for affordable
housing or it can be -- or the commissioner can continue with that program for an
additional amount of time.
Vice Chair Carollo: For each district.
Mr. Hannon: For each district.
Vice Chair Carollo: For their funds, yes.
Mr. Hannon: Now, was there going to be any additional definition as to who would be
eligible? There was a mention of if someone was impacted by the economy because of
a hardship such as a layoff for health, or are we just going to stick with just rent only?
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Vice Chair Carollo: I think --
Mr. Hannon: Only.
Vice Chair Carollo: -- we were fine with the wording that was there, but
Commissioner, if you want to add something to it.
Commissioner Reyes: 1 want to make clear that the -- who is -- who is -- who qualifies
for it, and we are using the -- since we are using the City AM1, which 1 think is thirty -
something -thousand dollars.
Mr. Pascual: 39.
Commissioner Reyes: How much is -- Mensah, now, $39, 000? $39, 000? I would sav
that has to be below -- below 80 percent City AMI. That's old people that are making
(Comments made in Spanish not translated) $31,000.
Vice Chair Carollo: I will accept that.
Commissioner Reyes: Okay, $31, 000.
Vice Chair Carollo: I will accept that.
Commissioner Reyes: Below 80 percent. I know I say below, but that also reaches
those people that are right at the bottom. Okay.
Vice Chair Carollo: And included in that, Mr. Clerk, clearly stated that priority will
be given to seniors --
Mr. Hannon: Yes.
Vice Chair Carollo: -- and families with children.
Commissioner Reyes: That's right.
Mr. Hannon: Yes, seniors, residents, and families with children.
Vice Chair Carollo: No, seniors and families with children.
Commissioner Reyes: All have to be -- everybody has to be a resident.
Mr. Hannon: Everyone has to be a resident.
Vice Chair Carollo: Only residents, and part of that is what the Mayor originally put
into it, that they would have had to be living in the city for three years.
Mr. Hannon: And I'm sorry, I just want to make -- crystal clear. So, the individual
who are eligible would be those that have been impacted by a rent increase only, not
due to a hardship such as layoff or health. The eligibility pertains to the rent increase
only. I just want to make sure that's clear.
Chair King: Yes. Yes.
Mr. Hannon: Understood. Understood. Thank you. Thank you, Commissioners.
Chair King: Okay. Do I have a motion?
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Vice Chair Carollo: Three years.
Mr. Hannon: As stated in the original resolution.
Vice Chair Carollo: Yeah. Yeah. That's a motion --
Chair King: A second.
Vice Chair Carollo: -- (UNINTELLIGIBLE) seconder.
Chair King: All in favor?
The Commission (Collectively): Ave.
Chair King: Motion carries unanimously.
Mr. Hannon: Thank you. As amended.
Chair King: As amended.
Mr. Pascual: Thank you, Commissioners.
Chair King: Thank you.
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RE.9 RESOLUTION
11528
Office of
Management and
Budget
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), DECLARING THE OFFICIAL INTENT OF THE
CITY OF MIAMI, FLORIDA ("CITY") TO ISSUE TAX-EXEMPT AND
TAXABLE SPECIAL OBLIGATION BONDS IN THE EXPECTED
TOTAL MAXIMUM PRINCIPAL AMOUNT OF SIXTY-ONE MILLION,
TWO HUNDRED THOUSAND DOLLARS ($61,200,00.00) IN
ORDER TO, AMONG OTHER THINGS, REIMBURSE ITSELF
FROM THE PROCEEDS OF SUCH SPECIAL OBLIGATION BONDS
FOR FUNDS ADVANCED BY THE CITY FOR CERTAIN
EXPENSES INCURRED WITH RESPECT TO CERTAIN CAPITAL
IMPROVEMENTS PROJECTS AT THE MIAMI MARINE STADIUM
AND THE ASSOCIATED WELCOME CENTER AND MUSEUM
COMPLEX; ESTABLISHING CERTAIN RELATED DEFINITIONS OF
TERMS; AND AUTHORIZING CERTAIN FURTHER AND
INCIDENTAL ACTIONS BY THE CITY MANAGER, IN
CONSULTATION WITH THE CITY ATTORNEY AND BOND
COUNSEL, AND SUCH OTHER APPROPRIATE OFFICERS,
EMPLOYEES, AND AGENTS OF THE CITY, AS THE CITY
MANAGER DEEMS NECESSARY, ALL AS REQUIRED FOR
PURPOSES OF SECTIONS 103 AND 141-150 OF THE INTERNAL
REVENUE CODE OF 1986, AS AMENDED; FURTHER
AUTHORIZING RELATED AMENDMENTS TO THE CITY'S MULTI-
YEAR CAPITAL PLAN PREVIOUSLY ADOPTED SEPTEMBER 13,
2021, AS SUBSEQUENTLY AMENDED.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Joe Carollo, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes
Note for the Record: Item RE.9 was deferred to the May 26, 2022, City
Commission Meeting.
Note for the Record: For additional minutes referencing Item Number RE.9,
please see "Order of the Day" and "Public Comments for all Item(s)."
Chair King: So we will now move on to our PH 1, which requires a four -fifths vote.
Do I have a motion?
Todd B. Hannon (City Clerk): Ma'am? Chair?
Vice Chair Carollo: PH?
Mr. Hannon: PH.1 already passed.
(MULTIPLE PARTIES SPEAKING IN UNISON)
Mr. Hannon: PH1, yes ma'am.
Vice Chair Carollo: Yes.
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Chair King: Oh, okay. Pay attention. Resolutions now. Commissioners, Vice Chair,
and Commissioner DLP (Diaz de la Portilla), do you have any items in the resolutions
that you would like to?
Commissioner Diaz de la Portilla: We already pulled RE -- ifI may, Madam Chair?
We already pulled RE.8, correct? Off the list?
Chair King: Yes. That has been deferred.
Commissioner Diaz de la Portilla: The rental assistance? For clarification, that's
been pulled. Anything else that's been pulled already?
Vice Chair Carollo: RE.8.
Mr. Hannon: Chair? I'm sorry, Chair, RE.8 is in play. You're just going to be pulling
it.
Chair King: Oh, I'm sorry. I'm -- you know what --
Commissioner Diaz de la Portilla: We're pulling it --
Chair King: -- the way this thing is, it's confusing. It's RE (Resolution) whatever.
Okay, RE.8 is in play.
Commissioner Diaz de la Portilla: The rental assistance.
Chair King: Yes.
Commissioner Diaz de la Portilla: Are you -- are you --
Chair King: I'm asking you if you have anything else other than.
Commissioner Diaz de la Portilla: I want to be clear.
Chair King: Right, okay.
Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) I'm thinking you're going to
want to move everything at the same time.
Chair King: No, just with the --
Commissioner Diaz de la Portilla: Okay.
Chair King: We're now on resolutions. Just what we have left remaining from the
resolutions. What has been deferred was RE.2.
Commissioner Diaz de la Portilla: Okay. That's what I was asking actually.
Chair King: Yes. I'm sorry. What has been deferred is RE.2 and that's it. The rest are
Vice Chair Carollo: I would like RE.9 to be deferred. Let me explain why, Chair.
Four years back, since you have been here, I have been asking for the Administration,
obviously we have a new administration, even though there are some holdouts from
the previous ones, to give me a study to show how much we're going to be losing, or if
they think we're going to make money, how much we're going to make in a five-year
projection. Nobody would give me that. And I'm going to tell you why I think nobody
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will give me that, because the five-year projection is going to have to show losses
every year. I also said four years back, three years back, the last times that we
discussed this, that this was not going to cost $45 million, that it was going to cost
over $60 million minimum. And sure enough, I am right. Now we're told it's over $61
million. That's an over 25% increase. And 1 submit to you that by the time it's said and
done, it's going to be over $70 million, if not more. So 1 want to be able to give Mr.
Noriega the opportunity to study this, to give us something solid so that we know what
we're voting on. What is it truly going to cost, and not a penny over, and how much is
it going to cost every year on the losses we're going to have here. The stadium that we
have now, the -- what remains of that stadium, since day one, it opened, it lost money.
Now, this is -- you know, a structure that's right by the water, salt water, that the
elements are going to be hitting it constantly the minute you open it, you're going to
have to be maintaining it every year. Not only that, security, other activities that you
have. And I know it sounds great, Jimmy Buffet, I mean Barney, we're holding hands,
Kumbaya, but we're talking about a heck of a lot of money that we're going to bond
out, but you know what? Our number one priority in this town is affordable housing.
Nobody wants to come and see that we put bonds out to get additional money for that
in this aspect.
Chair King: So you'd like to defer it?
Vice Chair Carollo: I'd like to defer it until --
Chair King: Until?
Vice Chair Carollo: -- the Administration is ready in no less than 60 days to come
back and give us a whole, realistical [sic] outlook into the first five years on the cost
to the city. We have the Knight Center right now that 1 don't know how it's doing
financially, but it's got 5,000 seats. This is going to compete indirectly with the Knight
Center.
Unidentified Speaker: No.
Vice Chair Carollo: It's going to compete with -- it will, it will, it will. It's going to
compete with Bayfront Park and the open air auditorium that we have that sits about
2,600, you can bring in up to 10,000 people there. We have other places in Miami that
there could be competition. So, we need to see also the impact that this will have into
other areas. But look, I mean, I'd like to be a dreamer too. You know, I'd like to build
NASA (National Aeronautics and Space Administration) here in Miami and, you
know, shoot spaceships to other planets and the moon. But I need to know what is the
reality of what it's going to cost. Because all these dreamers that come here and give
you all these ideas, Don Johnson, well, I knew Don Johnson when he was filming. And
we spent a lot of time together, including with others in the cast that we partied
together back when I was a very young commissioner.
Commissioner Reyes: You did what?
Vice Chair Carollo: Partied together in Miami and talked about other more serious
things.
Commissioner Diaz de la Portilla: You actually owned a linen jacket and a t-shirt and
all that?
Vice Chair Carollo: The --
Commissioner Diaz de la Portilla: Did you shave?
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Vice Chair Carollo: So, you know, it's not that we don't want to look back and enjoy
history, but you can't bring everything back into history again, unless you 're that guy
in Russia that he wants to make the Soviet Union and put it hack together again. So
what I'm asking is that before we move forward, we need to have a lot of questions
answered here that 1 don't want in the future when this becomes another major white
elephant, that, you know, whoever's here then, and all the wonderfad people that have
been promoting this are no longer here, that they're blaming those scoundrels that sat
up here at the time that approved this whole thing. And further, I'd like the City
Attorney to come back to us, because I know the one thing they're going to hit us with,
and that is that the county could take it all back. And they haven't in all these years,
by the way. But they could take it all back if we don't have a marine stadium there.
That's why we've got to do that. Well, I'm going to tell you this. What that contract
with the county and the city states from many years back is that we need some kind of
stadium there, not that stadium. It doesn't say that it's got to be X amount of seats. We
could do something there with bleachers, frankly, and it would meet the intent of the
contract. So I think, Madam City Attorney, we should also have you study that and
have you come back together with the manager when he's ready, with a legal opinion
on that also. Because we need to know everything that pertains to this. Mr. Candela is
a wonderful man. I've known him for many years. I've known his brother, the doctor,
for -- even more years before. That's not the issue. Jimmy Buffet, wonderful singer,
love his music. That's not the subject. The subject is that, you know, this is real money
that we're talking about, and it's not pennies. And if I could say something else, too,
before we start bonding so much out. We're living in a world today, if you haven't
seen the news beginning late last night, that we don't know which way our world is
going. We don't know what's going to hit us tomorrow, what our economy is going to
be like. In fact, before this meeting is over, it could be at the end, Mr. Manager, I'd
like the IT (Information Technology) Director here because I'm very, very concerned
as to what safeguards our city has if we're going to be hit by a cyber-attack. And I'm
going to tell you now, I will bet my right and left hand that we're in real bad shape.
So, 1 want him to tell us where we're at and right tomorrow, if we can, I'd like to have
a meeting, or should I say that you have a meeting with the Police Chief the IT
Director, and others, to see which way we need to go and beef up our IT department
so that we could protect ourselves and our citizens in the best way possible. If you
need to be directed at individuals that can give you an assessment, free, I'll be happy
to provide you individuals that can do that. I already have a pretty good assessment of
how weak we are in the city. This is why I'm bringing this up now, because I strongly
suspect that in the weeks, months to come, our country, many of our cities, might be
facing cybernet attacks. And this could affect us in so many ways that our lives could
change overnight. Imagine if our power grids are knocked out and they're not going
to go back on in four, five, seven days like after the hurricanes. I think that gives you a
pretty good idea of the mess that we would be facing. And then if on top of that, our
own city has been hit in a way that our public safety departments, police, fire, won't
be able to have the direct communications with each other. That's going to make it
even uglier. So, Mr. Manager, I hope that you've been listening to some of this, and
we start. We're behind the eight ball right now, but that we try to do something as best
we can quickly. But I would like to have the best person that we could have later on
today at the end of the meeting from IT to direct some answers to us on the questions
that I've proposed here and others that members of the body might have when he
comes before us.
Chair King: Thank you. So we are going to -- so on the table now -- oh I'm sorry
Commissioner Russell, you wanted to say something.
Commissioner Russell: Thank you, Madam Chair. Thank you, I just wanted to
respond to Commissioner Carollo, and I'm encouraged to not have heard that you are
against a restoration of the Miami Marine Stadium and you want to get the numbers
correct and make sure we're doing the right thing and the smart thing, because there's
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a lot of emotional support for it. My office has received almost 100 e-mails in support,
zero against, hut they don't know the numbers like you do and like we should. And I've
been working with the Administration on this for years, I know we have already spent
over $6 million on the restoration to make sure the foundation is shored up, getting
ready for the next part. And the profitability projections show that we can be in the
black, even only hosting less than two concerts a month, even one and a bit, maybe 15
concerts a year. But it's not just for concerts. I would love to have Jimmy Buffett be
the very first performer to come back. It's also a sporting venue. In that basin right
now, and even through the MRC, the Miami Rowing Club that's there. We have world -
class Olympic training level for crew, for kayaking, and we have one of the state's
most amazing groups for dragon boat racing, including a group of women who have
recovered from cancer, and they do dragon boat racing there. This could be an
amazing venue for sporting events, and I trust you to be the one on this dais to really
study the numbers and make sure we're getting the bang for our buck. So I would
support your deferral on the item and encourage for your support as the city briefs
you further. But I've asked to co-sponsor this and I'm obviously very much in favor of
bringing the Marine Stadium back to life. It was Tomas Regalado's first campaign
promise when he was a city commissioner to get it done.
Vice Chair Carollo: Well, there are many things that Tomas knows about and has
done well. Finance is not one of his stronger parts. So, he has others, but that's not
one of them. What I'm trying to do is, before this body makes a decision, particularly
during very difficult times. Frankly, I'm not so sure that we should be making any
major decision in dollars like this, at this point, unless it's absolutely a vital need for
the city, for the reasons that I've stated and others. But I want to make sure that we
have all the information we need, because, as you said, and you started by saying,
people are dealing with this from an emotional level. And it's a minor group of
people. I guarantee you go into Commissioner King's District, you go into my district,
you go into Diaz de la Portilla's District, I dare say you go into Commissioner Reyes'
District, and they don't even know what we're talking about. That's not where their
concern is. Their concern is how are they going to pay their rent? How can they get
an affordable place to live in, that they could move into.
Commissioner Russell: I apologize, Madam Chair, I forgot to mention one thing. The
legal side of it, and I have studied that reverter clause, I am very concerned that it is a
use it or lose it clause, that if we do not bring back a Miami Marine Stadium as it's
known, we could be very much subject to losing that land.
Vice Chair Carollo: Yeah, but this is why I've asked the City Attorney to give us an
opinion on that, because I know that that's going to he an issue that we're going to be
dealing with, too, and I know that clause has been there, and I've known it for many
years, but that clause doesn't say that it's this stadium. It doesn't say the amount of
seats or anything else. So, I want to be able to get that clarified, and if the City
Attorney feels in a legal opinion that I am correct in what I'm stating, that also gives
us the opportunity for additional thoughts on what to do. But --
Commissioner Reyes: Madam? Yes, I --
Chair King: Commissioner Reyes. Commissioner Reyes, we can't hear you.
Commissioner Reyes: Okay, I'm a numbers guy. It's been my training. But I -- I agree
with you. We have to have a very detailed projections of -- of what is going to be the
revenues, maintenance, and cost. And when are we -- during the construction period,
how long it is before we start recouping the money and being able to -- I mean, be
(UNINTELLIGIBLE). I do understand that. I don't agree in -- in your statement that it
is going to compete with the Hyatt, for example. They're different venues. This is a
water venue that people that are going to -- most of the activities that are going to
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take place there. If we -- if we bring the right management company to it, because
when we were running it, we were losing money. You see, like many things that we do.
If we have the right management company, I believe, and that's another thing that I
want the administration to figure out, where there's going to be a lot of demand for
many water -oriented activities, like before we had jet ski races, and we had a bunch
of things that were water -oriented. To a certain extent, it will compete with Bayfront
Park. That, 1 agree with you. But I think that we should look into it, look into the
potential of activities, water -oriented activities that would take place there, and make
a conservative, extremely conservative analysis of costs and revenues and when are
we -- if we could get in the red and be able to pay for those f rnds. I mean, 1 do agree
with it. You have a very sensible request that I will support it. But having said that, I
believe, it's my opinion, that we shouldn't destroy that stadium, we should do
everything that is possible to restore it to its height. That means heydays. Not only
because of the e-mails that we get, but for the potential it has. It is a unique -- it's a
unique stadium in the United States. I don't think we have another area in the United
States that has a marine stadium.
Chair King: Right.
Commissioner Reyes: I don't think --
Vice Chair Carollo: No, that I agree.
Commissioner Reyes: I don't think -- and so, we will -- I think that Commissioner, I
know and I understand your concern, which they are very valid. They are very valid
concerns. But I also want you to consider that we should do everything that is
possible, you see, to rebuild. I know people that don't live in his district, that they go
by and they say, this is a crying shame. You see, it's a crying shame. I mean, it has
been declared historic, right? It's a historic place. We cannot -- we cannot demolish
it. So,1--
Vice Chair Carollo: I don't necessarily --
Commissioner Reyes: Okay, but you don't agree with it? It could be, you know, we go
through a process, we can do it. But 1 believe that we have to do, I mean, we have to
do a lot of effort to restore that stadium and bring it where it will be the structure that
once was, which is unique in the United States.
Chair King: I -- I --
Commissioner Reyes: But I second your motion. And Mr. Manager, how fast can you
bring that analysis?
Arthur Noriega (City Manager): My request is going to be that we defer the item to
the May 26th meeting.
Vice Chair Carollo: Okay.
Commissioner Reyes: Okay.
Chair King: Okay, so, let's get back to -- we have on --
Mr. Hannon: Chair, --
Commissioner Diaz de la Portilla: We need to move --
Mr. Hannon: -- my apologies --
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Commissioner Diaz de la Portilla: -- on RE.9.
Mr. Hannon: -- we have a motion and a second on the deferral for RE.9.
Commissioner Reyes: (UNINTELLIGIBLE).
Chair King: Motion and a second to defer.
Commissioner Diaz de la Portilla: Yes.
Chair King: Second?
Mr. Hannon: We have the motion and second, we just need a vote.
Chair King: All in favor?
The Commission (Collectively): Aye.
Chair King: Motion is deferred to the May 22nd Commission Meeting.
Mr. Hannon: Mav 26th.
Chair King: May 26th Commission Meeting, I'm sorry.
END OF RESOLUTIONS
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FR - FIRST READING ORDINANCES
FR.1 ORDINANCE First Reading
11135
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ("CITY CODE"), TITLED "BICYCLES,
SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES,"
MODIFYING AND PROVIDING FOR ADDITIONAL SAFETY
MEASURES AND OTHER REGULATIONS; AND ADDING DIVISION
2 TO PROVIDE FOR THE PERMANENT MOTORIZED SCOOTER
PROGRAM; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Christine King, Commissioner
AYES: King, Russell, Reyes
ABSENT: Carollo, Diaz de la Portilla
Note for the Record: For minutes referencing Item Number FR.1, please see
"Order of the Day."
FR.2 ORDINANCE First Reading
11529
Commissioners
and Mayor
AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE X/SECTION 817 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"ADMINISTRATION/CODE ENFORCEMENT/ADMINISTRATIVE
COSTS, FINES; LIENS," TO AMEND AND PROVIDE THE CODE
ENFORCEMENT BOARD A GUIDELINE FOR MITIGATION OF
CODE ENFORCEMENT LIENS BY HOMESTEAD AND NON -
HOMESTEAD PROPERTY OWNERS, INCLUDING TIME FRAME
LIMITATIONS AND PERCENTAGES OF MITIGATION ALLOWED;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Russell, Reyes
ABSENT: Diaz de la Portilla
Note for the Record: For minutes referencing Item Number FR.2, please see
"Public Comments for all Item(s)."
Commissioner Reyes: Now we go to --
Chair King: Now we are on FR.2. Vice Chair?
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Vice Chair Carollo: FR.2. Let me get this in a minute. FR.2 is an ordinance, and it's
an ordinance to make sure that we're going to be following the part of the Code that
we were already included, I'm not inventing the wheel here, we've had a part in the
Code that puts down how the City should give any discount out for liens and fines.
The problem that I've been finding is that throughout the years it's become a total
joke. And our residents that are homeowners that might make a mistake, not knowing,
are the ones that are getting hit hard. And then all the commercial, the investment
property, the people that are savvy, in some cases, to your surprises, they might have
half a million dollars in liens, a million dollars, a million and a half, even two million,
and then they come up to our boards, and those are brought down to five thousand,
ten thousand. I mean, it's a joke. And then the people that recommended to our
boards, which are, you know, our regular citizens, you know, some are bureaucrats
that have been there for many years. They've established a relationship with people.
They don't want to get anybody mad at them. And they're recommending this
constantly to our board members to vote on it. And the excuse is, well, this is what
we've done before. Well, then why do we have laws that people could laugh at them,
and then we have individuals that are habitual offenders, that they know the inside, in
and out. And they don't care how much money they amass in liens because they know
how to throw it out the door. I mean there was recently, and I hate to say this, with
what's happening in Ukraine today, but a Russian guy that -- how many properties did
he have altogether, Mr. Manager? Sixteen or so? And, I mean, it's a joke with this
guy. And there are others like him that are habitual offenders, and they're gaming us.
They're laughing at us. The regular resident of Miami. the regular homeowner,
doesn't know the ins and outs, doesn't have the contacts, and they're the ones that are
getting hurt all the time. So, on the other hand, all of us are getting hurt because if
we're putting liens on properties because people haven't cared, that should mean
something. I mean, it's not a game. And apparently, it's what's become in the City of
Miami for far too long. So, this is going to give no options to those that are in
positions to recommend, or to vote, but to follow what's in the Code. And they could
only give certain discounts, depending on when people pay up to a certain time, and
then that's it. They got to pay it all. There's nothing else that they could do. The only --
and this could be put if you like for a second reading, Madam City Attorney, the only
change that I would make in this is there -- there might be some that are just so
blatantly, not give a hoot in being habitual offenders. I mean, these are the top of the
feeding chain of the habitual offenders, that I would put a separate paragraph here,
or sentence, that the Manager who would have the option, even with the dates that we
put down, that he finds that even during that time, the board has given a lower
recommendation, that he has the right to say no, that it should be higher. But that
should only apply fbr extreme habitual offenders. And again, what do we mean by
habitual offenders? It's individuals or corporations that not necessarily have
committed those offenses in the same corporation, the same name, but you can
connect them all. They've been involved.
Commissioner Reyes: Okay, Madam Chair.
Chair King.' Yes.
Commissioner Reyes: I do understand, Commissioner, the intent of this ordinance. I
have seen many a times, and had a case that -- in my neighborhood, that Vicky can
attest to it. You see, there are absentee owners, particularly in neighborhoods, that
they take a -- have a house, for example, and they convert it into a rooming house.
And the inspectors come, and they cite them, and the fines keep on creeping, and
when there is to -- gets to an amount, whatever amount it is, or they have too many
citations, they come to the Code Enforcement Board and they ask for mitigation with
the promise that they are going to fix, and they're going to do it. So, the fine is
mitigated. It's mitigated. Yeah, let's say that the fine goes back then to $1,000 or
$2, 000 or whatever it is, $3,500, they'll pay it because they are making a bundle, you
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see, that is the cost of doing business. And then the cycle restarts again. Then they get
cited again, and then comes another two, three years that they -- and you know that,
Vicky. You know that that happens, okay. And those are the ones that 1 really
personally detest the most, those absentee owners. Now, I agree that something's got
to be done about it. But in this ordinance, the only thing that I'm afraid of
Commissioner, is the small business owner, and please, I want the City Attorney and
the Manager to explain to me. IfI am a small business owner and I am renting from a
landlord and there is a violation that it is not from my business, but it is the landlord's
violation, how is that going to affect me?
Vice Chair Carollo: That goes against the landlord.
Commissioner Reyes: It goes against the landlord.
Vice Chair Carollo: Yeah.
Commissioner Reyes: It's a small business owner have nothing to worry about it. I
want to make it clear.
Vice Chair Carollo: No, that goes against the landlord.
Commissioner Reyes: It goes against the landlord.
Vice Chair Carollo: Yeah. But I'm glad that you've seen the same thing I have.
Commissioner Reyes: No, no, this is --
Vice Chair Carollo: And, you know, it's outrageous.
Commissioner Reyes: It is.
Vice Chair Carollo: Why do we even bother right now to provide liens, fines, if some
in this city, and it's usually the same absentee landowners --
Commissioner Reyes: That's right.
Vice Chair Carollo: -- that have made a mockery of this.
Robert Santos-Alborna: So, Commissioners, good afternoon. I'm Robert Santos -- and
Chairwoman, I'm Robert Santos-Alborna, I'm the Code Compliance Director. I
wanted to address, both of you touched upon the cycle of violations that, you know,
seems like they're coming through and through again. So, one of the things that we've
done is through both internal standard operating procedures and working with the
City Attorney, addressing both recurring and repeat violators. So, a recurring
violation is one that we see the kind of mouse game that they, you know, they clean
something, they bring their commercial vehicle, Commissioner, plays, and then they --
we issue an NOV (Notice of Violation) and they come back and bring it back and
forth. So, we're addressing that, that once it happens three times within a specific
period, we're going to come and adjudicate. To Commissioner Carollo's point, once
that respondent is adjudicated, now we treat them as a repeat offender. And the
violations are immediate, per Florida Statutes 162. We don't have to provide them
reasonable time to comply. They've already been adjudicated, so they know, and they
start accruing right away. And to your point, Commissioner, they are not eligible to
come backfor mitigation. So whatever fines they accrue, up to the City, $1,000 to
$5, 000 per violation, once it's a repeat violator, they are not eligible for a mitigation
hearing.
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Vice Chair Carollo: Yeah, but Mr. Director.
Mr. Santos-Alborna: Yes sir.
Vice Chair Carollo: I think first of all you're new here, but you're not new to the job
you have, and 1 think you've been doing your very, very best to tackle a very difficult
position within the city.
Mr. Santos-Alborna: I appreciate that.
Vice Chair Carollo: And I thank you for it. But we're not talking about the small fines
that you're talking about here. We're talking about liens overall that, you know, is out
of your hands that have been accumulated for, in some cases, years, and they don't
care. And it's like the commissioner says, they decide when it's convenient for them,
they come before the board, boom, they get it out and then they start the whole
process again. Or it's, you know, when they're going to sell the property. So, no
matter what they owe, they just paid, you know, a few dollars, and, you know, they sell
the property, and then the new guy starts it all over again.
Mr. Santos-Alborna: Now, I completely understand the point and the effort being that
once they accrue a number, you know, a certain level of fine, the assumption is they're
going to come here and significantly reduce. significantly reduced. So, I addressed the
second half, which is these people that have a cycle of doing this, we are putting an
end to the cycle under the repeat violator, okay? So, the ones that -- and I completely
understand, Commissioner, that we want to create a framework so that when there
are certain accruals that gets to a certain level, that they don't come here and
mitigate 99 percent, okay. I understand and I spoke with the Manager and my chain of
command, my Assistant City Manager and 1 really would like to kind of address and
work with them. One of my concerns, and I'm putting it on the table, is a time frame.
There are times, and it doesn't happen all the time, but there are times in which a
compliance may be delayed because of a, you know, a building process or it's a
complex zoning issue that requires a site plan review. And when that happens, it may
take longer than anyone expected. And based on the matrix that I saw, if it's more
than nine months, the mitigation goes to zero, and I think I'd like to -- I have a
concern with that because we're driven by compliance and that's our goal.
Vice Chair Carollo: Yeah, but look, I keep hearing that we're driven by compliance,
and you know what? Some of the same scoundrels that have been laughing in our
face, and they'll enter into contracts and agreements, they're going to do the -- and
they violate that, and we don't do anything. We don't do anything. The problem is,
whether it's building, whether it's any of the other departments, they don't follow up.
They're too busy, in other areas and don't follow up. In some cases, you know, they're
friends, so they want to make sure they're helped out for whatever the reason. So, you
know --
Mr. Santos-Alborna: So, this --
Vice Chair Carollo: -- this is what's been in the Code.
Mr. Santos-Alborna: So those --
Vice Chair Carollo: (UNINTELLIGIBLE) in the Code, you know, we've taken out
exactly what's in the Code to proceed with it. The only thing is that we haven't forced
our employees to do it. But when -- I'm glad the Chairman mentioned the $10,000,
because that's the most you ever get, usually. And these are the ones that are a million
or more dollars, you know, or even two million dollars, if they're owed that they'll
come before our boards and what our attorneys will recommend, $10, 000, $5,000 --
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Commissioner Reyes: Or less.
Vice Chair Carollo: -- or less. And you know what? This stops now. It can't go on
anymore because all these individuals don't even live in our city. They're here
exploiting our city to see how much more they can stick in their pockets. And they
don't care about our city. They don't care about our residents. And either we have
laws that we've (UNINTELLIGIBLE) them when we put fines, or if not, let's do away
with fines all together. This way, our local residents, our seniors, aren't, you know,
shocked when one of your people gives them a notice for something minor. And they
have notices threatening them on all kinds of stuff
Mr. Santos-Alborna: Well, clearly I recommend against that as well, but
Commissioner, to your point about the scoundrels and the ones -- the ones that work
outside of the process and take advantage, what I'm saying to you is that we've begun
a process identifying those repeat violators, and I am saying to you that statutorily
they are not eligible for mitigation. And so, once we go through that process, then
we'll use the hammer. But I did want to put on the table that one concern is with some
of the internal delays, no fault of anyone, some of those may be complex. The way the
matrix is reflected right now --
Commissioner Reyes: Madam Chair?
Vice Chair Carollo: Yeah, but ifI can.
Commissioner Reyes: Sure.
Vice Chair Carollo: And here's the flip side to what you're saying. Property owners,
whether residential, commercial, investment property, they have the opportunity to
ask, before it gets to fines and liens, to ask for all kinds of extensions.
Mr. Santos-Alborna: Yes.
Vice Chair Carollo: And you go into the record and you'll see that there are people
that get all kinds of extensions.
Mr. Santos-Alborna: Understood. Agreed.
Vice Chair Carollo: Extensions that have gone for years.
Mr. Santos-Alborna: Ad nauseam. I understand.
Vice Chair Carollo: Yeah. So, knowing that already, what is in the Code already, but
we're going to say that, hey, you got to stick to it, it's extremely fair because this is
after the fact, after they've been given -- usually when someone gets a lien like that,
it's because they've gone through all kinds of extensions and they just have laughed at
the whole process and haven't done anything. So, what you're stating in essence
happens before in them getting all the extensions. That's why what this does is just
cuts it where you're not going to keep this same game going on now for a few more
years down the road. You've had, through your normal process, all the extensions that
a board would want to give. And usually, our boards are pretty lenient in giving
extensions. And I think we all know that. So --
Chair King: So are we ready? Do we have a --
Commissioner Reyes: No, no, I just want to add something and my -- I understand
what you're saying. And it's the truth, it is the truth, that permits in the City of Miami
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takes a long time, some time to get it. You see, the process -- the process, it is -- it is
time consuming because we are not that efficient issuing permits. And I know that
your concern that it's because of our own bureaucracy that the time that is given here
Mr. Santos-Alborna: Correct.
Commissioner Reyes: -- will be --
Vice Chair Carollo: Yeah, but again --
Chair King: Commissioner.
Vice Chair Carollo: -- this time is different. This time is after the boards have given
you all kinds of extensions --
Commissioner Reyes: Yes, but that's what --
Vice Chair Carollo: -- to get your (UNINTELLIGIBLE)
Commissioner Reyes: -- I was going to say.
Chair King: Commissioner Russell would like to speak.
Commissioner Reyes: Oh, he would like to speak?
Chair King: Yes.
Commissioner Reyes: But he's always talking. I mean, why do you allow him to
speak? Go right ahead, Commissioner.
Chair King: Commissioner.
Commissioner Russell: Thank you, Madam Chairwoman. I understand what you're
trying to accomplish here, Commissioner Carollo, and we have to go after the bad
guys. I have a little worry, and I want to study this legislation better, because my
worry is the unintended consequences on the good guys. And we've cracked down
hard on -- with Code over the last few years and you've led that effort and I'm sure it's
led to a lot of better compliance in places but I've also had very good restaurants
getting shut down in the middle of dinner service that didn't deserve it because we are
-- we are trying to be so to the letter of law and get the bad guys. I'm worried about
the unintended consequences of this, of say encouraging people to pick up distressed
properties that they're willing to clean up and fix and I want to penalize them with the
burdens of the previous owner. There may be other cases, and this may be good
legislation. I'm just not ready yet and so I want to be supportive of it and you but I'm
worried about what this does to the good guys.
Vice Chair Carollo: That's fine Commissioner. This is first reading so I want to move
forward with it. When you say that you're concerned with people wanting to pick up
distressed property and not be burdened with what someone else did. In other words,
we're going to let some scoundrel make money that he should have paid the City of
Miami for his fines.
Commissioner Russell: The previous owner.
Vice Chair Carollo: Yeah, the previous owner, because he's the one that's going to
gain by that. So, that's exactly what we're trying to stop from happening. That
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individuals like that don't get away with that. But this is solid where it protects the
people that want to do right in the city. It fully protects our homestead properties, but
it is geared to those, and those are the ones are going to be jumping the most, those
that have abused, have laughed, and have made a mockery out of our system.
Commissioner Russell: 1'll support you on first reading. I want to study it more
carefully, though, for second. I can't guarantee 1'll be there with you on second.
Vice Chair Carollo: It's moved. Second.
Chair King: So, it's been -- I have a motion and a second. All in favor?
The Commission (Collectively): Ave.
Todd B. Hannon (City Clerk): Sorry, the title?
The Ordinance was read by title into the public record by the City Attorney.
Victoria Mendez (City Attorney): Commissioner Carollo, you wanted this item for
March 10th?
Vice Chair Carollo: Well, what's the earliest (INAUDIBLE).
Ms. Mendez: The only -- I mean March I oth is the earliest, but I need to ask Todd if
advertising has already gone out.
Mr. Hannon: The deadline for the publication that we normally use has passed. So, if
you wanted to use a more expensive publication, we could potentially entertain that,
but 1 would have to contact them.
Vice Chair Carollo: Well, a more expensive publication is just a matter of a few
dollars.
Mr. Hannon: It would most likely be the Miami Herald. So, it'd be considerably
higher.
Vice Chair Carollo: Not necessarily. You could use the Diario Las Americas. You
could use the Miami Times. The Miami Times is one too.
Ms. Mendez: It's based on timing. It's based on timing --
Mr. Hannon: Yes.
Ms. Mendez: -- Commissioner. So, the Miami Herald, because it's more sophisticated,
will give us the exact amount of time. Others need more time to print.
Vice Chair Carollo: Alright, well.
Mr. Hannon: So, if we want to use the Herald, then we can reach out to them to see if
we can make their deadline.
Vice Chair Carollo: That's fine.
Mr. Hannon: We would have to have it published by Monday.
Vice Chair Carollo: Okay, that will be fine. March 10.
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Ms. Mendez: Okay, and then if there is -- if there's a problem, Todd, you'll tell us --
Mr. Hannon: Yes.
Ms. Mendez: -- today and it would have to be March -- the second meeting in March.
Mr. Hannon: Yes. Yes.
Ms. Mendez: But we'll double check right now and let you know.
Vice Chair Carollo: Okay.
Chair King: Okay. So, we're going to move now to BU.I.
Mr. Hannon: So my apologies, again it was moved by Commissioner Carollo,
seconded by Commissioner Russell.
Vice Chair Carollo: Right.
Mr. Hannon: It passed 4-0.
Vice Chair Carollo: Commissioner Reyes seconded.
Mr. Hannon: Reyes. Reyes.
Commissioner Russell: No, I didn't second.
Vice Chair Carollo: It passed --
Mr. Hannon: Thank you.
Vice Chair Carollo: 4 --
Mr. Hannon: 4-0. Yes.
Vice Chair Carollo: On first reading.
END OF FIRST READING ORDINANCES
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AC.1
11512
Office of the City
Attorney
AC - ATTORNEY -CLIENT SESSION
ATTORNEY -CLIENT SESSION
UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA
STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE
CONDUCTED AT THE FEBRUARY 24, 2022 MIAMI CITY
COMMISSION MEETING. THE PERSON CHAIRING THE CITY
COMMISSION MEETING WILL ANNOUNCE THE
COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION,
CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING
THE PENDING LITIGATION IN THE MATTER OF RT & S
INVESTMENT GROUP, LLC VS. CITY OF MIAMI, CASE NO. 14-
32239 CA 27, PENDING IN THE ELEVENTH JUDICIAL CIRCUIT, IN
AND FOR MIAMI-DADE COUNTY, TO WHICH THE CITY IS
PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL
BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY
SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS
PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M.
(OR AS SOON THEREAFTER AS THE COMMISSIONERS'
SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE
HOUR LATER. THE SESSION WILL BE ATTENDED BY THE
MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIR
CHRISTINE KING, VICE-CHAIRMAN JOE CAROLLO, AND
COMMISSIONERS ALEX DIAZ DE LA PORTILLA, KEN RUSSELL,
AND MANOLO REYES; CITY MANAGER ART NORIEGA, V; CITY
ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS
JOHN A. GRECO AND BARNABY L. MIN; SENIOR ASSISTANT
CITY ATTORNEY CHRISTOPHER A. GREEN, AND ASSISTANT
CITY ATTORNEYS ERIC EVES AND BRANDON FERNANDEZ. A
CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE
THAT THE SESSION IS FULLY TRANSCRIBED AND THE
TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION
OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE
CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE
REGULAR CITY COMMISSION MEETING WILL BE REOPENED
AND THE PERSON PRESIDING OVER THE CITY COMMISSION
MEETING WILL ANNOUNCE THE TERMINATION OF THE
ATTORNEY -CLIENT SESSION.
MOTION TO: Withdraw
RESULT: WITHDRAWN
MOVER: Manolo Reyes, Commissioner
SECONDER: Christine King, Commissioner
AYES: King, Russell, Reyes
ABSENT: Carollo, Diaz de la Portilla
Note for the Record: For minutes referencing Item Number AC.1, please see
"Order of the Day."
END OF ATTORNEY -CLIENT SESSION
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BU.1
11364
Office of
Management and
Budget
BU - BUDGET
BUDGET DISCUSSION ITEM
MONTHLY REPORT
I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES
(RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND
BUDGET)
II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT)
III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES)
rRESULT: DISCUSSED
Chair King: Good afternoon, Madam Director.
Marie Gouin (Management and Budget, Director): Good afternoon, Chair,
Commissioners. This is -- this is an update for projections for fiscal year 21-22
through the end of Januaty. Since the books are closed for the month of Januaty, and
the fiscal year is about 33.3 percent complete. So, we're looking at the projections. On
February 22nd, I did send an e-mail to the commissioners and their chief of staff with
the tables of the revenues, the expenditures, also this presentation that's up in the
screen. Since we are about 33.3 percent of the budget has been utilised, really we
don't -- it's just a guide because we're not -- not all the revenues and the expenses are
linear. So, if you go to slide -- I can go through each of the revenue -- through each of
the pages, or the slides, I can just do the summary, and just show you the highlights of
the -- of the -- just do that? If you look at the summary, right now through the end of
January, revenues have exceeded expenditures by $22.3 million. With this, though, we
also had a deficit in the Internal Service Funds, which due to claims and workers'
comps for health insurance to the tune of $9.6 million. And also, based on our
financial integrity principles, we have to set aside $5 million. And there's also a $2.1
million for transportation trust, which can only be used for transportation -related
expenses, which leave us a net year-end surplus of $5.6 million. And just keep in
mind, this is early in the fiscal year, so looking at what's happening right now
between revenues and expenses, we are projecting a $5.6 million surplus at the end of
the fiscal year. Do we have any questions?
Commissioner Reyes: Yes, I did ask you and I want to hear it again. Do you still
believe that this trend, it's going to continue, that we are going to be -- we're going to
have a surplus because our revenues are -- keep on increasing at a faster pace than
our expenses?
Ms. Gouin: At this point, it's -- yes. At this point, it looks like revenues are coming
higher and we are spending less, but a lot can change.
Commissioner Reyes: Yes, I know.
Ms. Gouin: We still have -- yeah.
Commissioner Reyes: And with all this.
Ms. Gouin: The unknowns.
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Commissioner Reyes: The uncertainty that we have now --
Ms. Gouin: Yes.
Commissioner Reyes: -- that could very well change.
Ms. Gouin: Yes.
Commissioner Reyes: Yes, I know. Okay. Okay I just wanted to hear it.
Ms. Gouin: Okay.
Commissioner Reyes: Okay.
Chair King: Commissioner Russell do you have any? No? Okay. Do we need to take
some action to accept your report or it's just --
Ms. Gouin: No.
Chair King: -- a report?
Ms. Gouin: Yeah, just a report.
Chair King: Okay. Well thank you so much.
Ms. Gouin: Okay thank you.
END OF BUDGET
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DI - DISCUSSION ITEM
DI.1 DISCUSSION ITEM
11128
Department of
Solid Waste
A DISCUSSION REGARDING THE BULKY TRASH COLLECTION
COST STUDY REPORT.
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Christine King, Commissioner
AYES: King, Russell, Reyes
ABSENT: Carollo, Diaz de la Portilla
Note for the Record: For minutes referencing Item Number Did, please see
"Order of the Day."
END OF DISCUSSION ITEM
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PART B: PZ - PLANNING AND ZONING ITEM(S)
PZ.1 ORDINANCE First Reading
10957 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL
SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION
163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND
USE DESIGNATION FROM "LOW DENSITY RESTRICTED
COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"
OF THE APPROXIMATELY 1.75 ACRES DESCRIBED HEREIN OF
REAL PROPERTIES LOCATED AT 600 NORTHWEST 42 AVENUE,
4251, 4253, AND 4255 NORTHWEST 6 STREET, AND 601
NORTHWEST 43 AVENUE, MIAMI, FLORIDA, ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS;
AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: King, Russell, Reyes
ABSENT: Carollo, Diaz de la Portilla
Note for the Record: Item PZ.1 was continued to the March 24, 2022, City
Commission Meeting.
Chair King: So at this time, I'm going to open the public comment period. Anyone
who would like to -- anyone who would wish to speak on items for this agenda may
come forward.
Ines Marrero: Good morning, Madam Chair. My name is Ines Marrero and I am an
attorney with offices at 701 Brickell Avenue, and I wanted to request a deferral on
behalf of the applicant of PZ.1 and PZ.2. These item -- this item is in Commissioner
Diaz de la Portilla's district and it also touches on Commissioner Reyes' district, and
we want time to meet with them and also time to do some outreach with the neighbors,
and their offices have been advised. And we would request a deferral at the pleasure
of the Board, but preferably to the March 24th meeting. So those are -- it's PZ.1 and
PZ.2, which is a companion item.
Chair King: Madam City Attorney?
Victoria Mendez: Yes. I'm sorry, Chair, I was --
Chair King: She would like to defer PZ. 1 and PZ.2, applicant.
Ms. Mendez: Ifyou are fine with that, that is fine, that is totally fine.
Chair King: You have to speak into the mic, Todd is having a fit.
Ms. Mendez: I don't know what's wrong with my mic today.
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Commissioner Reyes: Through the Chair.
Ms. Mendez: It's not picking up --
Commissioner Reyes: As a matter of fact, I welcome because what you are looking is
for more, I mean, public input (UNINTELLIGIBLE).
Ms. Marrero: Thank you.
Chair King: So, may I have a (notion?
Commissioner Reyes: I move it.
Chair King: Commissioner Russell, second?
Commissioner Russell: Second.
Chair King: All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously. PZ2 and PZ2 have been deferred to the
March 24th meeting.
Ms. Marrero: Thank you.
Chair King: You're welcome.
PZ.2 ORDINANCE First Reading
10958 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
Planning FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM `T4- L," GENERAL URBAN
TRANSECT ZONE — LIMITED, TO "T5-L," URBAN CENTER
TRANSECT ZONE —LIMITED, OF THE PROPERTIES GENERALLY
LOCATED AT 600 NORTHWEST 42 AVENUE, 4251, 4253 AND 4255
NORTHWEST 6 STREET, AND 601 NORTHWEST 43 AVENUE,
MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A"; FURTHER ACCEPTING THE VOLUNTARILY
PROFFERED COVENANT, ATTACHED AND INCORPORATED AS
EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: King, Russell, Reyes
ABSENT: Carollo, Diaz de la Portilla
Note for the Record: Item PZ.2 was continued to the March 24, 2022, City
Commission Meeting.
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Note, for the Record: For minutes referencing Item Number PZ.2, please see Item
Number PZ.Z.
PZ.3 ORDINANCE First Reading
9385
Commissioners
and Mayor - PZ
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE
SPECIFICALLY BY AMENDING ARTICLE 2, SECTION 2.2.1.3 AND
SECTION 2.2.2 TO CLARIFY THAT THE MIAMI 21 CODE PROVIDES
A HIGHER STANDARD OF ZONING FOR THOSE PROPERTIES
LOCATED IN THE MIAMI-DADE COUNTY RAPID TRANSIT SYSTEM
DEVELOPMENT ZONE AND PROVIDING THAT ALL SUCH
PROPERTIES SHALL REMAIN SUBJECT TO ALL OF THE
PROVISIONS OF THE MIAMI 21 CODE; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Manolo Reyes, Commissioner
SECONDER: Christine King, Commissioner
AYES: King, Russell, Reyes
ABSENT: Carollo, Diaz de la Portilla
PZ.3 ORDINANCE First Reading
9385
Commissioners
and Mayor - PZ
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE
SPECIFICALLY BY AMENDING ARTICLE 2, SECTION 2.2.1.3 AND
SECTION 2.2.2 TO CLARIFY THAT THE MIAMI 21 CODE PROVIDES
A HIGHER STANDARD OF ZONING FOR THOSE PROPERTIES
LOCATED IN THE MIAMI-DADE COUNTY RAPID TRANSIT SYSTEM
DEVELOPMENT ZONE AND PROVIDING THAT ALL SUCH
PROPERTIES SHALL REMAIN SUBJECT TO ALL OF THE
PROVISIONS OF THE MIAMI 21 CODE; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
MOTION TO: Reconsider
RESULT: RECONSIDERED
MOVER: Alex Diaz de la Portilla, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes
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PZ.3 ORDINANCE First Reading
9385
Commissioners
and Mayor - PZ
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE
SPECIFICALLY BY AMENDING ARTICLE 2, SECTION 2.2.1.3 AND
SECTION 2.2.2 TO CLARIFY THAT THE MIAMI 21 CODE PROVIDES
A HIGHER STANDARD OF ZONING FOR THOSE PROPERTIES
LOCATED IN THE MIAMI-DADE COUNTY RAPID TRANSIT SYSTEM
DEVELOPMENT ZONE AND PROVIDING THAT ALL SUCH
PROPERTIES SHALL REMAIN SUBJECT TO ALL OF THE
PROVISIONS OF THE MIAMI 21 CODE; CONTAINING 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: Alex Diaz de Ia Portilla, Commissioner
AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes
Note for the Record: For additional minutes referencing Item Number PZ.3, please
see "Order of the Day/"
Vice Chair Carollo: No, I have to bring something back that I had gone along with
deferring earlier. And that's my item on PZ.3 that has to do with the RTZ (Rapid
Transit Zone) zones.
Commissioner Reyes: The what?
Vice Chair Carollo: RTZ zones. The County, apparently, is moving forward in many
areas within the City of Miami.
Chair King: That item was deferred.
Vice Chair Carollo: Huh?
Chair King: That item was deferred, PZ.3.
Vice Chair Carollo: Right.
Chair King: You're bringing it back?
Vice Chair Carollo: Yes.
Victoria Mendez (City Attorney): If you want, we could talk about it in a minute, and
you can make a decision on whether you want to go forward on first reading. The
County has a rapid transit corridor, which they have been utilizing to --
Chair King: Right, I'm -- but is it -- because we deferred it, do we have to do
anything? Because we deferred it to --
Vice Chair Carollo: Yeah, we would have to --
Chair King: the 3/24 meeting?
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Todd B. Hannon (City Clerk): Right now, if you just want to discuss PZ.3, but if you
actually want to vote on particularly -- on passing it today, then we would want to
reconsider.
Commissioner Diaz de la Portilla: Reconsider.
Ms. Mendez: Right, so --
Mr. Hannon: If you just want to discuss it, that's fine for us.
Ms. Mendez: But I just want to tell you what's happening, and then you can decide
what you want to do.
Chair King: Go ahead, please.
Ms. Mendez: So basically, the County has been asserting its rights under the rapid
transit corridor. And on March 1st, they're going to also look at other properties they
want to add to that rapid transit corridor. Some are county properties, which I'm sure
wouldn't be a problem. Some are by Brickell City Center, and then there's one by
Brickell. The thing that I -- that is problematic in these particular properties is that if'
the County is asserting jurisdiction over all these properties, you, the City, is not
collecting all the fees associated with that, the zoning, building, everything is going
through the County.
Vice Chair Carollo: And we're having the impact. We're taking the impact and we're
having to pay our police, our fire, and other City service.
Chair King: So, as the staff briefed me, our staff was making efforts, they thought they
were very close to coming to a resolution with the County, that's not the -- that's not
the issue anymore?
Ms. Mendez: So, we have made some strides on the bigger legislation that was being
proposed by Oliver Gilbert, Commissioner Oliver Gilbert, he's been very cooperative
with the City on his legislation. That's the bigger legislation. This in particular is a
different legislation that's happening, that they're just putting certain properties. We
were just made aware of this, so staff wasn't aware, we weren't totally aware of these
particular little properties. The other one that we've been really concerned about is
Vizcaya. And this legislation is basically just asserting our rights under our Zoning
Code. The County claims that they're doing it under transportation. We claim that
they're doing it under zoning. And our zoning is the one that trumps theirs. That is our
position. I just wanted, you know, the Commission to know that there's other
properties that they were looking at for March 1st and eventually we -- you, need to
make a decision how we want to go forward with this with regarding the County.
Chair King: What is your recommendation?
Ms. Mendez: I would --
Chair King: To me it sounds like we're headed to court.
Vice Chair Carollo: Yes.
Ms. Mendez: I would -- I would assert our Zoning Ordinance and have the County
work with us on some of these big projects.
Commissioner Diaz de la Portilla: So by passing it today we have more leverage to
negotiate with them, is that what you're saying, basically?
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Ms. Mendez: By passing it today we -- we're on first reading and we can --
Commissioner Diaz de la Portilla: Okay, so 171 move to reconsider the item.
Vice Chair Carollo: 1 second that.
Commissioner Reyes: I second.
Chair King: Okay. All in favor?
The Commission (Collectively): Aye.
Vice Chair Carollo: I now move -- well, we should have public hearing again just in
case and be safe on PZ.3.
Chair King: Todd?
Mr. Hannon: 171 defer to the City Attorney. The public -- yes.
Chair King: Okay. I11 open public comment for PZ.3. See no one here for public
comment on PZ.3.
Commissioner Reyes: Move it.
Commissioner Russell: I have a comment.
Commissioner Diaz de la Portilla: I'll second it.
Commissioner Russell: 171 make the motion.
Vice Chair Carollo: Okay.
Commissioner Diaz de la Portilla: It's been made, I'll second it.
Chair King: Okay, I have a motion and a second. All in favor?
Mr. Hannon: And Chair, it is an ordinance.
Chair King: It's an ordinance, so it needs to be read into the record.
Commissioner Russell: Discussion.
Chair King: Okay, let -- read it first.
The Ordinance was read by title into the public record by the City Attorney.
Chair King: Commissioner Russell.
Commissioner Russell: Thank you. The City Attorney didn't mention one of their RTZ
properties. One of the largest and the largest missing piecing -- piece of the bay walk
is the Genting property, the old Miami Herald property. They've declared RTZ, yet it
has no requirements for the bay walk, so they could supersede our code and our
charter and actually break up that five -mile linear bay walk.
Chair King: Ah, so you're in favor of litigation.
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Commissioner Russell: I want to make sure they are held --
Chair King: Right, that bay walk --
Commissioner Russell: -- to our standards, to our standards.
Chair King: Okay.
Commissioner Russell: And so, they told us that they are now putting in a bay walk
requirement, but we have no assurance.
Chair King: Okay.
Commissioner Russell: We have no set for timing, responsibility, and anything. So I
am in favor.
Chair King: Well my position is I don't want us to be six months from now and we've
taken no action. So, if you reasonably see that we're headed to litigation let's just go.
Let's just go.
Ms. Mendez:1 think we have -- I think you all have enough friends in the County
Commission that we can work on this before it goes to litigation, but we will if you let
me, if we need to.
Chair King: Okay.
Vice Chair Carollo: Can we advertise this so it conies back for March loth also?
Mr. Hannon: Yes sir. 1 would like to clarify for, my apologies, but just briefly, I'd like
to clarify for FR.2 that we will also be able to use the less expensive publication to
notice FR.2 for the March loth City Commission meeting.
Vice Chair Carollo: Okay.
Chair King: Great.
Vice Chair Carollo: That's fine.
Chair King: Okay, that --
Vice Chair Carollo: One last item, if I could.
Commissioner Diaz de la Portilla: We have to vote on this, right?
Vice Chair Carollo: Yes.
Commissioner Diaz de la Portilla: So let's vote on it.
Chair King: Okay.
Vice Chair Carollo: Thank you. Okay.
(COMMENTS MADE OFF RECORD)
Vice Chair Carollo: No, you missed the public comment.
Chair King: We closed --
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Vice Chair Carollo: We closed it. Okay, go for the vote. Go ahead.
Mr. Hannon: My apologies. Actually, PZ.3 is noticed by the hearing --
the Office of Hearing Boards. Mr. Planning Director, will you be able to meet any
deadlines that you have for notification regarding PZ.3 for the March loth City
Commission meeting.
Chair King: Oh, I'm sorry. Go ahead.
Cesar Garcia -Pons: Good afternoon, Cesar Garcia -Pons, Planning Director. I don't
think so for March loth. We could definitely meet it for March 24th.
Vice Chair Carollo: Excuse me?
Mr. Garcia -Pons: I don't think we could meet it for March 10th. I'm sure we can meet
it for March 24th (UNINTELLIGIBLE).
Vice Chair Carollo: Can you make a little effort?
Mr. Garcia -Pons: So, we've done this once before.
Commissioner Diaz de la Portilla: Yes, but that's the problem. The deadlines are
always so far away from when you can do it. Isn't that a problem?
Ms. Mendez: Right, it's not --
Vice Chair Carollo: It is a problem.
Ms. Mendez: It's not his fault. It's pursuant to Florida Statute 166.041.
Chair King: Right.
Commissioner Diaz de la Portilla: And what's the -- tell me what the statute says?
Ms. Mendez: It says that before second reading, at least 10 days before. So then when
we put it on the -- when we send it to the newspaper, they have certain internal
deadlines.
Commissioner Diaz de la Portilla: I know their internal deadlines. It could be
published by Monday, and we make it to 10 days, right? It could be published by -- if
it's published by Monday, do we make the 10 days?
Mr. Garcia -Pons: It's just a matter of --
Commissioner Diaz de la Portilla: No, it's a question to the City Attorney, I'm sorry,
sir. If it's published by Monday, do we meet the 10 days?
Ms. Mendez: Ifpublished by Monday --
Commissioner Diaz de la Portilla: By Monday.
Ms. Mendez: I believe Monday --
Commissioner Diaz de la Portilla: Monday.
Ms. Mendez: -- it does. The problem is --
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Commissioner Diaz de la Portilla: It does.
Ms. Mendez: -- that it doesn't -- you're not able to meet it based on the internal
deadlines of the publication.
Commissioner Diaz de la Portilla: But that's not true. Let me tell you why. 1 can place
an ad in the Miami Herald tomorrow morning and they will publish it by Monday.
Ms. Mendez: I leave that to the experts.
Commissioner Diaz de la Portilla: I can. I do -- this is what I do for a living. So, to
me, it's shocking that the City of Miami cannot because I'm sure you give them a lot of
business, right?
Chair King: Well --
Commissioner Diaz de la Portilla: It's always the same issue.
Chair King: -- I understand. Best efforts.
Commissioner Diaz de la Portilla: It's always the same issue.
Chair King: We would like it to go for March 10.
Commissioner Diaz de la Portilla: Sorry for the venting.
Chair King: Best efforts.
Mr. Garcia -Pons: Happy to just again, sir, this is a short month, so we lost three
days. Before it was possible because we had the extra three days. I don't think it's
possible. We'll try our best.
Chair King: Best efforts. Best efforts is all we can ask.
Commissioner Diaz de la Portilla: Give it a shot.
Chair King: Thank you so much.
Commissioner Diaz de la Portilla: Old college by.
Vice Chair Carollo: Last but not least, I had asked the manager if --
Commissioner Diaz de la Portilla: Don't we have to vote -- Commissioner, we have to
vote on it, I think.
Vice Chair Carollo: That's right. I'm glad you're here to keep (UNINTELLIGIBLE) I
don't know why I'm moving so far ahead.
Commissioner Diaz de la Portilla: You're so anxious to get to the other one.
Chair King: I think it is the will of the body. Let's vote on it.
Vice Chair Carollo: Yes.
Chair King: So, it's read into the record, we don't have to do that. Okay, all in favor?
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PZ.4
11466
Department of
Planning
The Commission (Collectively): Aye.
Chair King: Commissioner Russell? Yes? So --
Vice Chair Carollo: Last two things, Mr. Manager. 1 had asked --
Chair King: Motion passes unanimously. It passes unanimously. Okay.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), MAKING FINDINGS AND APPROVING WITH
CONDITIONS A REDUCTION OF THE WATERFRONT SETBACK
REQUIREMENTS PURSUANT TO SECTION 3(MM)(III) OF THE
CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR A
PROJECT GENERALLY LOCATED AT 700, 725, AND 708
NORTHEAST 24 STREET, 2347 NORTHEAST 7 AVENUE, 2395, 2341,
2311, 2301, 2344, 2328, 2320, AND 2336 NORTHEAST 6 AVENUE,
2340, 2330, AND 2320 NORTHEAST 7 AVENUE, AND 711
NORTHEAST 23 TERRACE, MIAMI, FLORIDA, ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
ENACTMENT NUMBER: R-22-0083
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Ken Russell, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes
Note for the Record: For additional minutes referencing Item Number PZ.4, please
see "Public Comments for all Item(s)."
Chair King: Okay, we are now on our PZ (Planning and Zoning) items and it is the
last item of the day, PZ.4, Commissioner Russell.
Commissioner Russell: And I do believe we still have a pocket item.
Commissioner Reyes: Oh my God.
Vice Chair Carollo: Yes, and I need to disclose that my staff met with the owner, and I
don't know if the attorney for the owners, and I don't know if the owners were there
too.
Iris Escarra: No, it was just myself.
Vice Chair Carollo: Okay, so it was just the attorney for the owners, my, staff, not me.
Commissioner Reyes: Let me ask you --
Chair King: Me as well.
Commissioner Reyes: -- we met about this, right?
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Ms. Escarra: Mh-mm.
Commissioner Reyes: I want to -- it's also a disclosure that we have met, I met with
Ms. Escarra. We didn't talk much about this, we talk about family, but we had a
meeting about this, 1 want to disclose that to you.
Commissioner Russell: Same disclosure.
Chair King: Same disclosure for myself.
Commissioner Russell: I met with the applicants but have not -- this doesn't bias my
decision. Thank you.
Ms. Escarra: Good afternoon, everyone. Iris Escarra and Carlos Diaz on behalf of
the applicant. This is actually a waterfront setback that's in the Charter that actually
requires that the property have 25 percent aggregate side setbacks as well as a 50-
foot building setback. The project that's being proposed is a two -tower project that
you all saw approximately in September of 2021 with the road closure. We're actually
before you because the 25 percent side aggregate setback is being distributed
throughout the site. Ninety-nine feet of it are open to the sky, the remaining 63 feet
are actually within the view corridor at the end of the dead-end streets. In addition to
that, of the two towers, one of the towers is fully compliant with the 50 foot step back.
However, the northerly tower, because of the narrowness of the site, is asking for an
encroachment only of the balconies above the 35 feet to allow them to go at certain
portions up to 8 feet because they're like wavy balconies. So, we're asking to be able
to encroach at different opportunities up to 8 feet. We have received the
recommendation from the City staff and we're in support of it with all the conditions.
There is only one modification that the applicant would ask is on Condition Number
5. We've proffered a sculpture garden and an art wall that we're doing as part of the
project. We would ask the Board to consider us not having to go before the Art in
Public Places Board for the proposed art. It's just another step in the process that we
would like to be able to -- since it's proffered art and not required to go before the
APIB [sic] board, we would like to be able to have that, that we administratively
submit it to the City for review and consideration.
Commissioner Russell: Madam Chair.
Chair King: Commissioner Russell.
Commissioner Russell: Thank you. I'd like to proffer the motion.
Commissioner Reyes: (INAUDIBLE).
Chair King: Motion and a second.
Commissioner Russell: And I'd like to proffer an amendment that the selection of art
not have to go to the AIPP board. I think AIPP is very valuable when people are
fulfilling their art in public place requirement, but this is different. This is art that will
be going on -- on private property. I'd like them to be able to curate it as they wish
and just see that whether it's from a financial perspective it meets the threshold or the
requirement, that's fine. I don't want us as a city to be involved in the selection of your
art on your project. Furthermore, I am okay with the encroachment into the buffer
zone. It doesn't actually encroach into the public access portion of the bay walk, so
I'm perfectly fine with that. It's balconies way up high --
Ms. Escarra: Correct.
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Commissioner Russell: -- going into a little bit of their buffer zone. And of course, this
concept, I really hoped and wanted that the bay walk legislation that I -- that we had
passed on first reading was coming in this meeting. It was my understanding it was
going to be here in conjunction because this is one of the largest pieces of the bay
walk that's going to be -- that's opened in a long time.
Commissioner Reyes: This doesn't have nothing --
Commissioner Russell: It does, very much so.
Commissioner Reyes: Okay, but this one you --
Commissioner Russell: If I could finish, Commissioner, please. Madam Chair.
Commissioner Reyes: I just wanted to clay fv.
Commissioner Russell: Madam Chair.
Chair King: Go ahead.
Commissioner Russell: This --
Chair King: I'm sorry, Commissioner Russell, go ahead.
Commissioner Russell: This is the largest piece of the bay walk that's being completed
and it's being done by a private company and under that new legislation that would
allow all of it to become part of our park system and ensure an easement goes there.
In this case they are proffering an easement --
Ms. Escarra: We do have an easement.
Commissioner Russell: Right, under the new legislation it would be required and so
that -- that completes our bay walk faster and better and as we want to see it. So, I
have asked for that legislation to come back as soon as possible on the next possible
agenda.
Chair King: So we have a motion and a second. All in favor?
The Commission (Collectively): Aye.
Commissioner Reyes: I am going to -- I second it, but let me tell you this, I'm not
going to support this -- the bay walk becomes a park because I think it's fraud.
Chair King: Okay. Commissioner Carollo?
Commissioner Reyes: Yes.
Commissioner Diaz de la Portilla: Madam Chair, can -- okay, I just want to, before
you vote, before you finish the vote.
Chair King: I thought you just voted.
Commissioner Diaz de la Portilla: Yeah, I know, but it hasn't been finalized. You
haven't announced the vote yet.
Chair King: Motion passes.
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Commissioner Diaz de la Portilla: Does it?
Chair King: Yes.
Commissioner Diaz de la Portilla: Okay.
Chair King: It's 'bur, maybe five, but it passes.
Commissioner Reyes: It passed already.
Commissioner Diaz de la Portilla: No, you haven't called it yet, right?
Chair King: I'm calling it.
Commissioner Diaz de la Portilla: I'm just -- I had a question, all I had was a
question, that's all.
Chair King: One question?
Commissioner Diaz de la Portilla: Yeah, one, of Commissioner Reyes, because you
brought up a --
Chair King: Well, let me -- go ahead. Go ahead.
Commissioner Diaz de la Portilla: For the purpose of clarification, he made a point
that connects us to the bay walk. I want him to elaborate on the point so I understand
it. That's all.
Chair King: Okay.
Commissioner Diaz de la Portilla: Is that okay?
Chair King: Yes, it is.
Commissioner Diaz de la Portilla: Thank you. Thank you for being kind to me.
Commissioner Reyes, can you clarify a little bit what you were explaining?
Commissioner Reyes: Huh?
Commissioner Diaz de la Portilla: You were explaining the connection to bay walk?
Commissioner Reyes: Yes, because they had -- and I think it came from Iris also,
which is very, innovative, and she likes, I mean, she finds all the -- she can circumvent
everything that happens in the city. Commissioner Russell has proposed that the bay
walk, which is a sidewalk with about two feet of grass,, is going to be -- should be
designated as park. I think that is totally a farce and I think that ulterior motive is to
use it as a no net loss -- replacement for not net loss and I don't agree with it because
I don't think that a sidewalk with a -- because if that's the case, my sidewalk with my
swale is also park. You see, that's what I'm saying.
Commissioner Diaz de la Portilla: Okay.
Commissioner Reyes: And we already voted, it passed, when that comes in, I will
make, I will make that argument again.
Chair King: Okay, we didn't get Commissioner Carollo's vote.
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Vice Chair Carollo: Yes.
Chair King: Oh, so motion passes unanimously.
Vice Chair Carollo: Yeah, 1 gave --
Chair King: Okay.
Vice Chair Carollo: -- it to the Clerk.
Ms. Escarra: Thank you everyone.
PZ.5 ORDINANCE First Reading
11324 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Department of ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE
Planning MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN,
PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES
SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY
CHANGING THE FUTURE LAND USE DESIGNATION FROM
"MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED
COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF THE
REAL PROPERTIES AT 8038 NORTHEAST 2 AVENUE (WESTERN
PORTION) AND 165 NORTHEAST 80 TERRACE, MIAMI, FLORIDA,
ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Christine King, Commissioner
AYES: King, Russell, Reyes
ABSENT: Carollo, Diaz de la Portilla
Note for the Record: Item PZ.5 was deferred to the April 28, 2022, City
Commission Meeting.
Note for the Record: For minutes referencing Item Number PZ.5, please see
"Order of the Day."
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PZ.6 ORDINANCE First Reading
11325 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE
Department of ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING
Planning ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
CHANGING THE ZONING CLASSIFICATION FROM "T5-O," URBAN
CENTER -OPEN, TO "T6-8-O," URBAN CORE -OPEN, FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 8038 NORTHEAST 2
AVENUE (WESTERN PORTION) AND 165 NORTHEAST 80 TERRACE
MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Christine King, Commissioner
AYES: King, Russell, Reyes
ABSENT: Carollo, Diaz de la Portilla
Note for the Record: Item PZ.6 was deferred to the April 28, 2022, City
Commission Meeting.
Note for the Record: For minutes referencing Item Number PZ.6, please see
"Order of the Day."
PZ.7 ORDINANCE First Reading
11307
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 TABLE 4, TITLED "DENSITY, INTENSITY AND
PARKING," TO CHANGE THE AMOUNT THAT THE PARKING RATIO
MAY BE REDUCED WITHIN A TRANSIT ORIENTED DEVELOPMENT
AREA OR WITHIN A TRANSIT CORRIDOR; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Manolo Reyes, Commissioner
SECONDER: Christine King, Commissioner
AYES: King, Russell, Reyes
ABSENT: Carollo, Diaz de la Portilla
Note for the Record: Item PZ.7 was continued to the March 24, 2022, City
Commission Meeting.
Note for the Record: For minutes referencing Item Number PZ.7, please see
"Order of the Day.:
END OF PLANNING AND ZONING ITEM(S)
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NA.1
11577
City Commission
NA - NON -AGENDA ITEM(S)
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION OPPOSING
SENATE BILL ("SB") 1834, HOUSE BILL ("HB") 1557, AND ANY
SIMILAR LEGISLATION THAT WOULD LIMIT CLASSROOM
DISCUSSIONS ON SEXUAL ORIENTATION AND GENDER
IDENTITY AND ALLOW PARENTS TO SUE SCHOOL DISTRICTS
THAT PERMIT DISCUSSION OR LEARNING ABOUT THESE
TOPICS OR THAT OTHERWISE DISCRIMINATES AGAINST
PERSONS BASED ON SEXUAL ORIENTATION OR GENDER
IDENTITY; URGING GOVERNOR RON DESANTIS AND THE
MEMBERS OF THE FLORIDA LEGISLATURE TO OPPOSE SAID
LEGISLATION; DIRECTING THE CITY MANAGER TO INCLUDE
OPPOSITION TO SB 1834, HB 1557, AND ANY SIMILAR
LEGISLATION TO THE CITY OF MIAMI'S 2022 LEGISLATIVE
PRIORITIES AND AMEND THE 2022 LEGISLATIVE PACKAGE TO
INCLUDE THIS ITEM; DIRECTING THE CITY CLERK TO
TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE
OFFICIALS NAMED HEREIN.
MOTION TO: Adopt
RESULT: FAILED
MOVER: Ken Russell, Commissioner
SECONDER: Christine King, Commissioner
AYES: Russell
NAYS: King, Carollo, Diaz de la Portilla, Reyes
Note for the Record: For additional minutes referencing Item Number NA.1, please
see "Order of the Day" and "Public Comments for allltem(s)."
Chair King: So it seems as if we need to have some discussion on Commissioner
Russell's pocket item, which is opposing SB (State Bill) 1024 in-house bill, what
number is the house bill?
Commissioner Russell: 1557.
Chair King: 1557.
Commissioner Russell: I will go ahead and start if I can.
Chair King: Go ahead, Commissioner Russell.
Commissioner Russell: Thank you. And this is not to disparage anyone's beliefs of
what should happen in their own home or what they should be teaching their children.
There's a few elements of these bills that are very problematic. One is this pushes
against the concept of home rule and the process that should be followed where
parents who may have a grievance with a school go to the school, go to the PTA
(Parent Teacher Association) meeting, go to that school board. This is setting a
statewide legislation creating not only a mechanism to sue by a parent, but this really
chills even discussions within classrooms, or even where children's privacy could be
violated. Now, there is a very good argument to say that parents should be teaching
these things at home, not schools. This isn't about teaching sexual orientation. This
has a lot to do with what could happen to a child if. they are outed in school, and this
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gives the responsibility of the teacher to call that parent and talk to that parent about
that child's sexuality. That child could he going home to a very abusive household. We
have an epidemic of trans/gay youth who are evicted from their homes and end up
homelessness and on drugs because of very difficult home situations. I don't want the
school to be the police of that. And these bills force that. I'm going to give you a
personal story that will probably embarrass my son. He was in preschool when 1 got a
call from his teacher. And apparently he liked putting fingernail polish on. And
apparently that was a problem for the school. They said he was confusing children
who were going through a process of figuring out their gender identity, meaning boys
are boys and girls are girls, and it's wrong for him to do that and he wouldn't be
allowed to come to school if he did it anymore. And that was very embarrassing for
my son. I felt it very intrusive for a teacher or a principal to call my home and talk
about that. I don't want that to happen and this bill mandates that. This bill has our
teachers becoming the police of our children's sexuality. There should be no
discussion, but the bill doesn't say that. And so this didn't come from me. This came
from our LGBTQ (Lesbian, Gay, Bisexual, Transgender and Queer) Advisory Board,
which we all formed. together, unanimously I believe, and have appointed to. And they
have put this together for us. This is -- I don't want to take credit for this bill, this
comes from our board. But I do believe in it, I agree with it, and so I'd be happy to
move the item.
Commissioner Reyes: Through the Chair, Madam, I don't want to be the one that's
carrying the torch against this. I think this is a political move. And I believe thatl
have -- I'm going to give you an example. I have two grandchildren. One is five, and
the other one is two. I don't want no teacher inciting a discussion on how they feel, if
they are girls or boys. I think that is a process that every child should grow into it. It
is my belief whatever path they pick, I would respect it, and I will encourage them to
be themselves But I don't want no -- I don't want to give any teacher -- and I was a
teacher, you see. I was a teacher. I taught for many, many years. I don't want any
teacher to be not only -- not only on sexuality, but on political belief or anything. I
don't want to indoctrinate anybody, or trying to. 1 don't think that a five -year -old
should be talking about their sexuality. I think that is a process. It's a natural process
that has been like this forever. And this could also provide a teacher authority to do
things that they don't have to do, that they shouldn't be doing. So I will leave it at that.
I'm not going to vote in favor of the bill. I will not vote in favor of that.
Chair King: Commissioner?
Commissioner Diaz de la Portilla: Thank you, thank you, Madam Chair. You have
two pocket items today. You have a pocket item and you have the resolution, I think,
RE.5, right?
Commissioner Russell: I only have one pocket.
Commissioner Diaz de la Portilla: You have one pocket item and you have RE.5 as
well, right? These are two -- RE.5 is the --
Commissioner Russell: Yes, it's also a closing statement.
Commissioner Diaz de la Portilla: It's a net metering issue. What I begin -- I'm
beginning to see issues that have nothing to do with this Commission being brought
up before this Commission. I see this as political in nature, Commissioner. You're not
a state legislator, you're not a state senator, you're not the Governor of Florida. We
are a City Commission and we should be spending our time, focused on city issues, not
on opposing, really, resolutions in Tallahassee, bills and Senate -- House bills in
Tallahassee that really, we have -- it's not a binding resolution, it has no impact other
than to make a political statement and have us make a political statement. So, I'm
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beginning to see this agenda for the first time, a disturbing pattern of political issues
that are relevant to Tallahassee. You've done it with Washington, I get that, that was
American Rescue Plan dollars, and that's different. That's nonpartisan in essence. But
these are very partisan issues, as you well know. And you're bringing partisanship to
this Commission. I'm voting no against this. I'm also going to vote no against RE.5,
because 1 think they're both issues that have nothing to do with this Commission. We
have a very lengthy agenda of issues that are really important to the City of Miami,
that are really important to this Commission, that are relevant to this Commission,
and those are things 1 want to focus my time on.
Chair King: Okay. Commissioner Russell?
Commissioner Russell: I would like to respond to that. And I would like to reiterate
that these are not items that I have generated. These are items that have been
recommended by the boards that we have appointed. The Climate Resilience
Committee put together this resolution in opposition to solar limitations. We -- it does
affect us as a city. We are trying to encourage rooftop solar, and this bill actually
limits, and I don't want to get too much into RE.5.
Chair King: Well, let's stay with your pocket item.
Commissioner Russell: Okay, right.
Chair King: Let's just remain with the pocket item.
Commissioner Russell: But the theme of the statement is that I'm bringing these for
political purposes. I am bringing both of these items as recommended by boards
appointed by this body, that this city take a position on these issues because it does
affect our residents and I do believe that -- that our voice makes a difference and
hopefully it does affect how Tallahassee feels about things. It's not meant to be
partisan, it's nieant to support the boards and our residents. So, if there is support for
my Pocket Item, P1.1, I really appreciate it and I think many of our residents do as
well, but if not we will see where --
Vice Chair Carollo: I would respectfully request that we leave this item for the end of
the meeting.
Chair King: Pocket item one?
Commissioner Russell: Which item?
Commissioner Diaz de la Portilla: Yes, I agree with that.
Commissioner Russell: That is fair. I am happy to table it.
Vice Chair Carollo: Thank you.
Chair King: Okay, we will table Pocket Item 1.
[Later... ]
Chair King: All right, we have a pocket item that remains. It is the last item of the
day. Pocket Item. 1, Commissioner Russell's Pocket Item.
Commissioner Russell: Yes, thank you. I'll be happy to make the motion.
Chair King: Do we have a motion?
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Commissioner Russell: I'm sorry, yes.
Chair King: We have a motion.
Commissioner Reyes: What is the pocket item? The one about a --
Chair King: It was --
Commissioner Reyes: About what?
Chair King: The school legislation.
Commissioner Russell: I'll give you one more anecdote to hope to earn a second on
this (notion.
Chair King: I thought you had a second. We don't have a second?
Commissioner Russell: I don't believe I have a second, do I?
Chair King: Todd, did we have a second?
Commissioner Reyes: No, you didn't have a second.
Commissioner Diaz de la Portilla: No, it was for later conversation.
Commissioner Russell: Yeah, it was tabled.
Chair King: I see.
Commissioner Dias de la Portilla: Yeah.
Commissioner Russell: I withdrew.
Chair King: I'll give it a second.
Commissioner Russell: Thank you.
Commissioner Reyes: Okay.
Commissioner Russell: If I may, Madam Chair?
Chair King: Please.
Commissioner Russell: When I was in school, there was a young man who was gay
and was bullied, and I saw him once get chased throughout the school. A mob chased
him violently. He had no one to go to, and I don't know what his home situation was
like and if he could go home and get any but if he were, under these bills, if he were to
go to his school, to his principal, to his counselor, to his teacher he would not be able
to talk about his sexuality. He would get bullied without recourse and this is
important but there's also a legal angle to this that makes it not partisan even though
it just passed today in the House, it's going to the Senate where even Republicans
have concerns about the cause of action that's created here, allowing parents to sue
school boards instead of the normal process they would have. If someone has a
problem, and I absolutely agree with you, Commissioner Reyes, no one should be
indoctrinating children to any form of sexuality whatsoever in class. And if that
happens, there is recourse for a teacher that is acting inappropriately. But this Bill
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goes .far beyond that. And my worry is for the kids and their rights and their ability to
express themselves if they have gay parents. All of that starts to get taken away and
it's punitive. And so, I want them to feel a part of our community, their family is a part
of our community, and that their sexuality is not an issue in school at all. And so, by
making it punitive to where someone could sue the school system if something like this
is brought up or that they don't have recourse when they're getting bullied, I --1'm
really against that. And so, 1 do hope it does not pass in the Senate. There is a chance
it will not pass in the Senate because of that cause of action that the House forced in
there. And I hope, even the -- the incoming Senate President has expressed her
concerns about exactly that. And so, I --1 hope, for our sake, if we make our thoughts
known on this, we tell our residents how we feel about this issue. And hopefully we do
affect the legislation.
Commissioner Reyes: Madam Chair, because he had a (UNINTELLIGIBLE). Sir, I
was a teacher for many, many, many years. And as you said, you are using the
example of a student being bullied. And you said, well, no student should be --1 mean,
we shouldn't be coaching children and talking about sexuality, blah, blah, blah, okay.
Let me tell you, you said that if that happens, if a teacher does that, there are
recourses. But I'm going to tell you, and I'm going to assure you, that at the school
that I was teaching, there were recourses for bullying. Not only bullying for --
because of your sexual orientation, bullying because of anything, any type of bullying.
That is anti -bullying in every single school. It is extremely, extremely' hard. So, what I
don't want is open up the door for a teacher to be -- I mean, free to talk about
sexuality to my grandson, which is five years old, because that is what it says here
that in primary school you don't talk about that. And it is my belief that we shouldn't
be doing that, and that's why I'm going to vote against it, you see.
Commissioner Russell: I respect that, butt would like to clarify. Madam Chair, I'm
sorry.
Chair King: Right. I think Commissioner Diaz de la Portilla wanted to say something.
Commissioner Diaz de la Portilla: Yes. The problem with these resolutions urging
other governments to do certain things is that it puts them in a position for the media
and others who misrepresent what we believe about an issue. So that we, as we used
to say in Tallahassee, go on the board on something that has nothing to do with us,
with our power or our jurisdiction. I think that you're putting this Commission in a
bad place by forcing a vote on this. You're telling people that we're against measures
to stop bullying, that we're against good things that government is doing. This bill
does not doing any of the things you say it does. Number one, besides the fact that it's
going to pass in Tallahassee. Again, I also have the hill in-house. I also sent it to the
Clerk so you can read it and you can inform yourself of how it really does. It's been
made into an issue that is controversial. No one here favors or supports
discrimination against any group, regardless of race, color, sexual orientation,
ethnicity. None of us want that. And we all understand the tragedies that have
occurred, and we're being made more and more aware as the years pass what
happens when children are bullied and cannot express who they are. But for you to
bring this before us, when we have no jurisdiction over this matter or it's an issue
that's not before us, I think it's irresponsible, Commissioner, frankly. And I think, to
be honest, and I know you don't agree with me, Madam Chair, we're not always going
to agree, I would like to agree most of the time, but we're not always going to agree,
that it is politically motivated. It's two issues today that are Senate campaign issues or
that are different issues that have nothing to do with this body.
Commissioner Russell: Three.
Commissioner Diaz de la Portilla: Pin sorry, which one, I'm sorry?
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Commissioner Russell: Apparently, we're standing with Ukraine as a City.
Commissioner Diaz de la Portilla: No, no, because those are issues that universally
people agree. These are issues that are losing, and people disagree with because if it's
going to pass a Senate, it's going to pass the House. So, we're talking --1 said earlier,
1 said earlier there were issues that we support because as a Commission and as a
body, as a city, we respect, we universally agree to stand with Ukraine. We
universally agree to stand with the American Rescue Plan, right, that you sponsored.
We universally agree with, you know, what's happening in Venezuela and other
countries, right? So, we can universally or unanimously agree on things, and that's
different. What you're bringing in is a divisive issue in Tallahassee today, as you
know, it's very divisive. It's a partisan issue, and we're a nonpartisan commission. But
to try to paint it that because we're going to -- I'm going to vote against this, because I
don't think it's our role to stick our nose in somebody else's business, the Florida
Legislature.
Commissioner Russell: Unless we all agree.
Commissioner Diaz de la Portilla: Unless we all agree. That's why we're
representative democracy. That's why we have five commissioners. But you're putting
us in the position of voting against something and trying to create a perception that
we're against -- you know, that we're against something that's probably wrong, that is
wrong. So, I'm going to vote against but for that reason. But 1 don't want it to be
misconstrued by the media that I believe in any way, shape, or form that bullying any
child is proper or correct. It is improper, it is immoral, and regardless of the reason.
Commissioner Russell: And I'm not implying that.
Commissioner Diaz de la Portilla: And irrespective -- I know, but by -- some people
interpret it that way. We live in the real world. We don't live in a fantasy world here.
Commissioner Reyes: Madam Chair.
Commissioner Diaz de la Portilla: We live in the real world and people can interpret
or misinterpret things, right, in the real world. So that's why this is wrong. That's why
this is wrong. And to continue, and I hope and will follow the trend over the next six
months of your campaign, we'll follow that trend, but if every Commission meeting,
we're going to come up with different resolutions urging Washington to do this and
Tallahassee to do that, then we're wasting time. Instead of addressing the real issues
that are impacting our city that's under -- that are under our jurisdiction, affordable
housing, transportation, environmental issues that you care about and that we all
care about. Those are the things we should be addressing, things that are tangible
and deal with us and what we do, and it's our responsibility. That's why I'm going to
vote against it. I just want to make that very clear because I know how the press tends
to write things and I know how the press misconstrues arguments. And we have to be
clear that we don't want bullying anywhere, but the parental rights are important.
Commissioner Reyes: It is.
Commissioner Diaz de la Portilla: The parents have rights as much as education
bureaucrats have rights, right? But parents have rights, too. So there's a lot of details
on the bill that we can talk about, but that's not what we're here to do. If I were in
Tallahassee, I would have a great debate with you about it. But I'm not in
Tallahassee. I'm back in Miami, and I would love to have debates about Miami.
Commissioner Reyes: Madam Chair.
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Commissioner Russell: Thank you, Madam Chair.
Chair King: Commissioner Russell had his --
Commissioner Russell: Yeah, 1'd like to respond to both Commissioner Reyes and
Commissioner Diaz de la Portilla. Once again, you bring it up. 1 have never brought
up once on this dais that I'm running for office, who I'm running against, what I'm
running for, what I stand for, never. But throughout our history, our body has always
weighed in on things that are important to our residents, even outside of our
jurisdiction, even outside of our country. And maybe we've had an effect. Maybe by
pressuring for TPS (Temporary Protected Status) when Trump was in office, that led
to that, who knows if we had an effect or not. But it's interesting to me that we do have
a very diverse dais, predominantly conservative, yet often we -- we take on
controversial things. And that shows the rest of the world that we're not just thinking
about party, we're thinking about our residents, and we're thinking about the world as
a whole. So, I'm okay with bringing items, not for politics, but because we care about
it. This body banned conversion therapy in the City of Miami. That's a big thing. And
it may be considered outside our jurisdiction, but I don't believe it is, and I believe it's
made a difference in people's lives. As far as bullying, I am absolutely not saving that
this legislation that's in Tallahassee encourages bullying. What I'm saying, and in the
case of the child that got bullied in my school, had they gone to the school leaders
under this legislation, those educators, the teacher, the counselor, the principal,
would have been required to call their parents and say, your child is getting bullied
because they are gay. Because if they said, why are you getting bullied? And you said,
oh because they're chasing me because I'm gay. Under this legislation, they would be
required to advise the parents. And we don't know what that kid's home life is like. It's
not our job as schools to be outing children to their home life. It's their business. And
so, l just think the legislation shouldn't be happening at all, and that's just why I want
to support the kids.
Commissioner Reyes: But everybody wants to support --
Chair King: Okay. Okay. Right. Right.
Commissioner Reyes: Hold on a second.
Chair King: Okay, I think --
Commissioner Russell: So, I said my piece.
Chair King: Right. He said his piece, and I think we understand, and I think it's ready
for --
Commissioner Reyes: No, I want to clarify one thing.
Chair King: More? Because I understand how you feel.
Commissioner Reyes: No, no, (UNINTELLIGIBLE) I want to clam one thing --
Chair King: Okay.
Commissioner Reyes: This has nothing to do with being anti-LGBT -- I mean,
homosexuals, being anti -anybody that has a different color of skin or a different
belief. This is not because it is conservative or liberal. It's the parent's right and my
right that I don't want anybody to be teaching sexuality to my kid in primary school.
And I've been a teacher, and I know how many times teachers, they think that they
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have the power to do whatever they want in the classroom. And I want to place that
constraint. And let me tell you this, you see, and I repeat it, and I repeat it, every time
that a child is bullied at a school, the parents are called and they are told that their
children have been bullied. And they call also the parents of the child that is bullying,
and they tell them why people -- why they are bullying the other students. That
happens now. So, l mean, 1 think that this is not the place to discuss this.
Chair King: Okay.
Vice Chair Carollo: Can 1?
Chair King: Vice Chair?
Vice Chair Carollo: Real quick.
Chair King: Real quick.
Vice Chair Carollo: But I think you'll need to know how I really feel.
Chair King: Okay.
Vice Chair Carollo: I'm really hurt with all of you. I said I'm really hurt with all of
you because we're having this deep conversation and none ofyou came to join me at
the Gay8 Festival in Little Havana this weekend. I didn't see you there neither,
Russell. None ofyou guys came. So, I hope next year each one of you comes and joins
us there. It's a great festival. It got expanded. Now I know that you can't be every
place at every time.
Commissioner Russell: My staff was there.
Vice Chair Carollo: Huh?
Commissioner Russell: My staff was there.
Vice Chair Carollo: Well, good. So, I hope that we, you know, see all of you there
next year.
Chair King: Okay.
Vice Chair Carollo: That's all I've got to say.
Chair King: Okay. So, we have a motion and a second. All in favor?
Commissioner Russell: Aye.
Vice Chair Carollo: Okay, who made the motion?
Commissioner Russell: I did.
Chair King: And I seconded.
Commissioner Russell: Mr. King [sic] seconded, and you're going to be the third vote.
Vice Chair Carollo: Okay. It's a motion, it's a second. I'm --
UNIDENTIFIED SPEAKER: Can you give me a second?
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Chair King: In the middle of a vote?
Vice Chair Carollo: (INAUDIBLE) bringing this up now.
Commissioner Russell: They had a rhythm going, we had momentum.
Vice Chair Carollo: No, we have a problem of something else --
Commissioner Russell: I figured.
Vice Chair Carollo: -- the Countv again. I've heard from both sides, I think you all
know a lot of my beliefs, I tend to be very conservative in international matters,
especially in the area of security, but I'm more liberal, ifI may use the word, on local
issues. And I think most immigrants, especially immigrants like the majority of us here
that have left on communist regimes and dictatorships, their politics as such. I have
heard all sides of the spectrum on this, and 1 try to have kept myself as non partisan
as I possibly can. This is why in this last election, even with the local Democratic
Party coming against me, why, I don't know, because these are nonpartisan elections,
and I certainly didn't receive any support from the local Republican Party. I still won
the Democratic vote in my district. I won the Republican vote, and I won the
Independent vote, not by the same percentages, but some higher, some lesser, and I
think people have seen in my district that I have tried to be non partisan. This I tend
to agree with Commissioner Diaz de la Portilla, that it's a political issue. I'm not
saying that you 're politicizing this, Commissioner Russell, that's not what I'm saying,
but it's a political issue in Tallahassee that has become very partisan in many parts of
Florida and with the media. My vote in this is not going to be a partisan vote in any
way. If people have a want to sue, I think they have a right to sue. And by what is
being proposed in Tallahassee, as I understand it, is so that they will not have the
right to sue. Am I correct or not? Or did I miss something?
Chair King: Commissioner Russell?
Commissioner Diaz de la Portilla: The Bill allows for parents to sue. It's a parental
rights bill.
Vice Chair Carollo: So it does allow it.
Commissioner Diaz de la Portilla: He's urging opposition to that bill.
Vice Chair Carollo: Okay. So your position again, Commissioner Russell, is that you
don't feel that parents have a right to sue or explain that area again to me, maybe I
missed it.
Commissioner Russell: They already have their inherent rights under the law. This is
actually creating an unnecessary pathway, a cause of action which is unnecessary to
create and that's why Kathleen Passidomo has actually expressed concerns. This may
not pass at the Senate level, it passed at the House, butt could be wrong about that --
Commissioner Diaz de la Portilla: You are.
Commissioner Russell: -- but that's my understanding that this cause of action portion
Commissioner Reyes: (UNINTELLIGIBLE).
Commissioner Russell: -- about the lawsuit is the part that's controversial even
amongst Republicans in the Senate side.
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Commissioner Diaz de la Portilla: Senator Passidomo is voting for the bill. You're
wrong.
Commissioner Russell: I --
Commissioner Diaz de la Portilla: And you'll see.
Chair King: I think the discussion that Commissioner Diaz de la Portilla is having
with Commissioner Russell is exactly his argument for why we should not take up
these matters because he's saving and you're saying one -- someone is going to vote,
someone's not going to vote. We don't know what they're going to do in Tallahassee.
Commissioner Russell: No, I didn't say she's not going to vote.
Chair King: Right.
Commissioner Russell: I just said she has expressed concern on the record.
Chair King: Right. So, we're here in Miami and I think that we can bring to our
constituency concerns that we have that is occurring in Tallahassee, not necessarily
for us to decide and we can't decide because Tallahassee is going to do what
Tallahassee is going to do, but you have shared your concern. My concern is if my
child is being bullied, I want to know. If my child -- and I do have a bonus child that
went to public school and was bullied because of his sexual orientation, I want to
know. Because whoever's bullying my child, they're going to get bullied back.
Commissioner Reyes: Absolutely.
Chair King: But what you're -- what concerns me is that the teacher or the
administration doesn't have to say. If my child was bullied, I need to know
immediately. But this is your item. I seconded it so we could discuss it. I think we've
discussed it enough, so we should just vote.
Commissioner Diaz de la Portilla: Yes.
Commissioner Reyes: Absolutely. Amen.
Chair King: All in favor?
Commissioner Russell: Aye.
Chair King: All against?
Commissioner Diaz de la Portilla: Nay.
Commissioner Reyes: Nay.
Vice Chair Carollo: Nay.
Chair King: Motion fails. Against.
Todd B. Hannon (City Clerk): I believe the motion fails 1-4.
Chair King: 1-4.
Mr. Hannon: Understood.
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Chair King: And only because, for me, I believe parents have a right to know what is
happening to their child in school. And parents should know their child. So, it's not
something that the school is going to tell the parent. And then we have other avenues
to protect our children, the Department of Children and Families and so on and so
forth. So, 1 don't -- I just don't think that the school would -- should withhold
something as important as a child is being bullied, or hurt, or harmed.
Commissioner Russell: Never said that.
Chair King: Right, well --
Commissioner Russell: It's about the sexuality, not the bullying. And so, if a teacher
even recognizes that a kid overhears a kid saying they're gay, they now are required
to call the parents and let them know that, and I don't think that's their business. So, I
agree, bullying should be told if a kid getting bullied, yes. I just don't think that our
schools are meant to be the police in sexuality --
Commissioner Reyes: (Comments made in Spanish not translated).
Chair King: I don't think so either, our school -- but the parents should already know,
it shouldn't come as a surprise to a parent who their child is.
Commissioner Russell: Listen, I respect this body's decision and I don't think we
should shy away from difficult discussion. This does affect the kids in our
neighborhood and it's a complicated issue.
Commissioner Reyes: That was the last one, correct?
Chair King: That, was the last one --
Commissioner Russell: We're done.
Chair King: -- I believe. Are we done?
Commissioner Russell: Yes.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION,
IN THE FORM OF A SCULPTURE, AS WELL AS ALL COSTS
ASSOCIATED WITH THE INSTALLATION OF SAID SCULPTURE
("DONATION"), FROM ASOCIACION DE EMPRESARIOS Y
PROFESIONALES GALLEGOS DE LOS ESTADOS UNIDOS,
CORP. ("DONOR") FOR THE PURPOSE OF INSTALLING SAID
SCULPTURE AT A CERTAIN LOCATION IN DISTRICT 3 OF THE
CITY OF MIAMI; FURTHER AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO ACCEPT SAID DONATION.
ENACTMENT NUMBER: R-22-0084
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MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes
Vice Chair Carollo: Ifl may now, Madam Chair, and 1 truly apologize, and I'm trying
to keep any pocket item within your request.
Chair King: Well, hold on a second. Todd is -- here.
Vice Chair Carollo: Yeah. That --
Chair King: They can 't hear you. They can't hear you.
Vice Chair Carollo: I'm sorry, I'm trying to keep pocket items within your request that
they would be an emergency item.
Chair King: Emergency items only.
Vice Chair Carollo: 1 believe this one is. We are being offered a gift of a statute from
Galicia, Spain. It's a very special monument and statue. The governor that they call
President of Galicia will be coming here within a few weeks, and this is why we have
an emergency because we would like to be able to see if we could put this sculpture up
when he's here so that we could inaugurate it with his presence here. This has to do
with something that's known worldwide and very dear to all of Spain, but especially
the province of Galicia in Spain, and that's having to do with the Camino a Santiago.
We have a member of the Association of Empresarios y Profesionales Gallegos de
Estados Unidos, the Association of Professionals and Businessmen of Galician
background in the United States. And I'd like to have Alejandro Perez Esperon come
up and just say a few words. I passed out, or should I say the Clerk passed out the
resolution with a rendering of what the monument would look like. As you can see, it
is very expensive. I think it is arriving any moment now by ship to Miami. And they
would like to place it in Little Havana, in 13th Avenue, between 8th and 9th Street.
Chair King: Okay, well, I'm going to accept this as Pocket Item 2. Do we need to read
it into the record, have the City Attorney read it into the record?
Todd B. Hannon (City Clerk): It's the will of the commission.
Chair King: Okay, then we don't need to. And Tin going to open public comment for
Pocket Item 2, to accept a donation in the form of a sculpture. Is there anyone here
for public comment?
Alejandro Perez: Good morning, my name is Alejandro Perez. I apologize for my
Galician accent. I come into -- on behalf of the Empresarios Gallegos here in Miami.
We want to present and we want to request a permit to approve the Crusader and that
is a significant monument for us, for the Camino de Santiago, because actually we
love the City of Miami, so we want to be part of the Miami city, and we want Miami to
be part of our history, too. So, sorry, can I give this?
(COMMENTS MADE OFF RECORD)
Commissioner Diaz de la Portilla: Give it to the clerk right there. Got to follow
protocol here.
Vice Chair Carollo: He's getting to be really official.
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Commissioner Diaz de la Portilla: Have you noticed?
Vice Chair Carollo: Yeah. You sounded like the sheriff not like the clerk. That's good.
Chair King: Go ahead, sir.
Mr. Perez: Yeah, so basically this is one donation that the Empresarios -- the
Association of Empresarios (UNINTELLIGIBLE) Gallegos, here in Miami, want to be
-- to the City of Miami, and that should be part of one specific event that we're going
to make next month between 17 and 19. The most important representatives of our
governments in Galicia come through the City of Miami to create a bridge between
both city, economics, social, and cultural relationships. So that's the reason that we
are here.
Chair King: Thank you. Thank you so much.
Commissioner Diaz de la Portilla: Sir, I'm sorry, what's the height? Just curious.
Mr. Perez: I'm sorry?
Commissioner Diaz de la Portilla: The height? (Comments made in Spanish not
translated).
Mr. Perez: It's around, it's a little low, about three meters, around eight feet.
Commissioner Diaz de la Portilla: Eight feet.
Chair King: Commissioner Reyes, you have a question?
Commissioner Reyes: Well, I -- it is a beautiful -- let me tell you, it's a beautiful
sculpture. And it has great significance for me because I am a Pichon de Gallego. You
see, I'm from Galician ancestry. And I've been to Santiago and Vigo, and I always
wanted to do the Camino de Santiago, but it got me a little late in my life. I don't think
that I can walk it, you see, and they don't let me ride in a car. You know, you have to
either go on horse or back.
Mr. Perez: Well, I hope that --
Commissioner Reyes: But I -- but I've been to -- I totally support this. I want to co-
sponsor this. Credit to Commissioner Carollo. And the location is in -- you want it in
Little Havana?
Mr. Perez: Yes, and actually the idea is that when the people talk about the Camino
de Santiago, the majority of people think that it's only one. And in reality, it's actually
seven.
Commissioner Reyes: Seven of them.
Mr. Perez: Now, we're going to create a new one from Miami, because it's a new
world --
Commissioner Reyes: Okay.
Mr. Perez: -- and the majority of people come from America to Santiago, and the first
steps is the City of Miami. And now you have the opportunity to start --
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Commissioner Reyes: Absolutely, let me know.
Mr. Perez: -- the Camino de Santiago from Miami.
Commissioner Reyes: Let me know that -- if it is -- if physically endure it, I would be
more than glad. I've been in Santiago a couple of times, and as a matter offact, last
time, it was the day of Santiago, when all the pilgrims were coming, and it was a
beautiful sight.
Mr. Perez: Actually, this monument is made with a special stone from our area, and
we -- the artists create the four principal stamps, on the four face of the monument
going to appear Miami, United States, Spain, and Galician stamps.
Chair King: Oh, that's wonderful. Thank you so much. Is anyone else here to speak on
this item, Pocket Item 2? Seeing none, I'm going to close the public comment. We have
two pocket items.
Commissioner Reyes: Do you want to make the move?
Chair King: Pocket Item 1.
Commissioner Reyes: I move it.
Commissioner Russell: Second.
Chair King: All in favor? Aye.
Mr. Hannon: My apologies, Chair. So the motion and the second is for Pocket Item
number 1.
Chair King: One and two.
Commissioner Reyes: One and two.
Commissioner Diaz de la Portilla: Yes.
Chair King: Yes.
Commissioner Diaz de la Portilla: I would like to be included as a co-sponsor also.
Vice Chair Carollo: Which is Item 2?
Chair King: Yours is two.
Vice Chair Carollo: Mine is two.
Chair King: Yours is two.
Vice Chair Carollo: Which is one?
Chair King: Pocket Item 1 belongs to Commissioner Russell.
Commissioner Reyes: Which one is --
Vice Chair Carollo: (INAUDIBLE) which was --
Commissioner Reyes: Which one is --
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Vice Chair Carollo: Which is that?
Commissioner Russell: That's opposing House Bill 1834 and 1557.
Commissioner Reyes: Which one is that?
Vice Chair Carollo: What House Bill is that?
Chair King: House -- he wants to know what House Bill again.
Vice Chair Carollo: We're opposing a bill, I'm just asking what bill.
Commissioner Russell: Yes, that's the one about giving the parents the right to sue
school districts over discussions over sexual orientation?
Commissioner Reyes: It is the -- is that bill that precludes teachers to coach children -
- I mean school children and talk about their sexual orientation?
Commissioner Russell: It's -- there's nothing in it about coaching children.
Commissioner Reyes: Well, it's about discussing sexual orientation. And I'm going to
be very honest with you, I'm going to be very blunt. I have respected, and I respect
everybody's right to pick and choose the religion, sexual orientation, or whatever. But
I have --
Chair King: Commissioner Reyes, hold on a second.
Commissioner Reyes: No, no, but because you're including both --
Chair King: No, no, no, I'm not going to include pocket item one.
Commissioner Reyes: Oh, okay.
Chair King: So I think we have a consensus for Pocket Item 2.
Commissioner Dias de la Portilla: Madam Chair.
Chair King: So I have a motion and a second.
Commissioner Diaz de la Portilla: I would like to be included as a co-sponsor of
Pocket Item 2.
Commissioner Reyes: Co-sponsor.
Chair King: Commissioner DLP (Diaz de la Portilla) would like to co-sponsor.
Commissioner Reyes is a co-sponsor. I'll be a co-sponsor as well.
Vice Chair Carollo: And Commissioner Russell will be a co-sponsor.
Commissioner Reyes: You should come with me.
Commissioner Russell: Sure, unanimous, why not.
Commissioner Reyes: Come with me.
Chair King: Commissioner.
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Commissioner Russell: It's like the next one.
Commissioner Diaz de la Portilla: He's going to join us.
Chair King: Okay.
Vice Chair Carollo: Now, you guys can walk, but since I heard Commissioner Reyes,
that he might not make it, I've been given a special card from the Archbishop and the
Governor that they'll make a special exception for one vehicle that I'll have, so I think
I can make room for you.
Commissioner Reyes: Is that a tricycle or what?
Vice Chair Carollo: No, it's a vehicle. I'll make room for you.
Chair King: So all in favor?
The Commission (Collectively): Aye.
Commissioner Russell: For 2?
Chair King: The motion carries.
DISCUSSION ITEM
DISCUSSION BY COMMISSIONER REYES REGARDING TOW
TRUCKS OPERATING ILLEGALLY IN THE CITY OF MIAMI.
rRESULT: DISCUSSED
Commissioner Reyes: Madam Chair, can I ask the City Attorney a question?
Chair King: Please, go ahead.
Commissioner Reyes: Yes, Madam City Attorney, I remember that I think it was a
couple of years back, that we passed a resolution that was prohibiting those tow
trucks, that they were not part of the City of Miami, that they were not authorized with
the City ofMiami, to pick up and when there was an accident or that to operate within
the City. I have received many complaints that they keep operating at -will. Could you
please look into that resolution and see what action can we take?
Victoria Mendez (City Attorney): Okay.
Commissioner Reyes: Okay, could you please do that? So, we -- we are going to need
to get Chief -- oh, talking about the devil. Chief could you please come? I guess you
heard what I said.
Manny Morales: Yes, sir. Good afternoon, Manny Morales, Interim Chief of Police.
So, to your question ill missed a little bit in the past between the office and here. If
you could recap.
Commissioner Reyes: Yes. I have received many complaints from companies that have
been authorized by the City of Miami, they are part of the City of Miami, that there is
still -- I mean, even though we had a resolution that prohibited those people that were
not, I mean, selected by the City of Miami to go and tow automobiles in certain areas,
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particularly accidents and all of that. And that's what they call pirates. And a
(Comments made in Spanish not translated). But they're still doing it at -will. I want to
know if -- I want the City Attorney to just take a look at it and see if it's still in effect
and then you will have -- you will know what to do about it.
Mr. Morales: Of course, Commissioner. So, we are required by our City Charter to
request a rotation record, it's separated by different areas of the city based on the bid
of --
Commissioner Reyes: Yes.
Mr. Morales: -- so when we have it, what we do not allow by State Statute is
unsolicited approachment [sic] of tow truck drivers to people that are either stranded
in the middle of the road or are in an accident scene. So if an officer there, and an
unsolicited record comes up --
Commissioner Reyes: Well --
Mr. Morales: -- the officer needs to take action.
Commissioner Reyes: Okay, I would like for you to revisit that and request --1 mean,
and take action because I had information that even with an officer there, that those
tow trucks have come and towed cars away --
Mr. Morales: Okay.
Commissioner Reyes: -- they've taken business away from those that paid license to
the City.
Mr. Morales: Commissioner, I know that there has been some confusion in reference
to self -request, right? So if --
Commissioner Reyes: Well, if that's the case, but --
Mr. Morales: Correct, like AAA, or if you have a service --
Commissioner Reyes: Oh, absolutely.
Mr. Morales: -- and you request it, you're allowed to -- we do not allow, and I'll ver*
how prevalent it is and what kind of enforcement we're doing against it, is to allow
what you said, the unsolicited pirates --
Commissioner Reyes: That's right.
Mr. Morales: -- to come in and poach when it should be going to a rotation record.
Commissioner Reyes: Just make sure that the officer, I mean, verifies that it is
unsolicited, that the person is soliciting AAA or whatever.
Mr. Morales: Absolutely. We'll take your request --
Commissioner Reyes: I had many complaints about it and I said, well, let's bring this
up. Thank you, Madam Chair, for allowing me to do this.
Chair King: Thank you.
Mr. Morales: You're welcome.
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DISCUSSION ITEM
DISCUSSION BY VICE CHAIR CAROLLO REGARDING THE
INVASION OF UKRAINE BY RUSSIA, STATING THAT THE CITY
OF MIAMI STANDS IN SOLIDARITY WITH UKRAINE.
RESULT: DISCUSSED
Vice Chair Carollo: I had asked if we could bring the IT (Information Technology)
person to go over security. It's late. 1 really would want, unless the majority of this
Commission feels differently, that tomorrow you meet with our top IT officials, police,
and fire chiefs, to go over our internet security in this City. I don't think it's up to part
where we have the type of security that we should have, and it's required. So, if you
could do that and get back to us individually.
Arthur Noriega (City Manager): Yeah, so I was going to --
Vice Chair Carollo: (UNINTELLIGIBLE) have an open body --
Mr. Noriega: Yeah.
Vice Chair Carollo: -- on what you discussed with them and what actions to take.
Mr. Noriega: Yes, so 1 discussed it with our IT Department, fire and police, and I
think it is best served in a one-on-one setting. We'll brief you fully on where we stand
now.
Vice Chair Carollo: Yeah.
Mr. Noriega: And that, well, we're not doing it in a public forum.
Vice Chair Carollo: That's why I'm asking.
Mr. Noriega: Yeah, yeah, we've already had the discussion.
Vice Chair Carollo: Okay, thank you. Last but not least, we all know what has
happened today in Ukraine is a horrible act by a ruthless dictator that is going to cost
a lot of lives, a lot of blood, and is going to affect us. How closely, time will tell, but
as a City, there's not a heck of a lot that we could do. If the sanctions that our federal
government and the rest of the free world is putting, is not having any effects, I don't
know what resolution we could do here that is going to have any effect. The only thing
that I would like to ask my colleagues if at least we could finish this meeting, all of us
getting a picture with this sign behind us, and if the City Manager would be so kind to
request of our IT people, our Communications Department, to then put that photo in
our Twitter, our Instagram, and whatever other social medias we have.
Commissioner Diaz de la Portilla: On the City of Miami Twitter account.
Vice Chair Carollo: On the City of Miami, of course.
Commissioner Russell: Bring it down below. They can't (INAUDIBLE).
Chair King: And the City of Miami Commission meeting for February 24, 2022, is
officially adjourned and it's my mother's 80th birthday.
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ADJOURNMENT
The meeting adjourned at 5: l0 p.m.
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