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HomeMy WebLinkAboutCC 2022-09-13 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com * INCORP ORATES * 18 88 Meeting Minutes Thursday, September 8, 2022 9:00 AM City Commission Meeting City Hall (Meeting is in recess and will reconvene on Tuesday, September 13, 2022 at 9:00 AM) 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 September 8, 2022 Recessed and Reconvened September 13, 2022 INVOCATION AND PLEDGE OF ALLEGIANCE 9:00 AM On Thursday, September 8, 2022 Present: Chairwoman King, Vice Chair Carollo, Commissioner Russell and Commissioner Reyes Absent: Commissioner Diaz de la Portilla 9:00 AM On Tuesday, September 13, 2022 Present: Chairwoman King, Vice Chair Carollo, Commissioner Diaz de la Portilla, Commissioner Russell and Commissioner Reyes On the 8th day of September, 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 9:55 a.m., recessed at 10:08 a.m., to reconvene on Tuesday, September 13, 2022 at 9:00 a.m., reconvened on September 13, 2022 at 9:23 a.m., recessed at 12:19 p.m., reconvened at 2:59 p.m., and adjourned at 6: 02 p.m. Note for the Record: On Tuesday, September 13, 2022, Commissioner Carollo entered the Commission chambers at 9:44 a.m., and Commissioner Diaz de la Portilla entered the Commission chambers at 9:49 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager John Greco, Deputy City Attorney Todd B. Hannon, City Clerk Chair King: Good morning, everyone. Welcome to the City Commission meeting for September 8th. Apologies for the late start that we're getting. We are going to now have a prayer from Reverend Hunter from the Historic Mount Zion Missionary Baptist Church to get us started. Please, Reverend Hunter, would you please come forward? Invocation delivered. Chair King: Thank you. At this time, Commissioner Reyes (INAUDIBLE). Pledge of allegiance delivered. [Later...] Chair King: Good morning, everyone. Thank you for joining us today. Welcome to the continuation of the recessed meeting of the City of Miami Commission meeting of September 8, 2022, in these historic chambers. Right now, we are going to proceed with the prayer I have Father Denrick Rolle of St. Agnes Episcopal Church to give us the prayer. And following the prayer we're going to do the proclamation items that we weren't able to get to at the September 8th meeting. Father Rolle, would you come forward please? Invocation and pledge of allegiance delivered. City of Miami Page 1 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 ORDER OF THE DAY Chair King: Again, good morning, everyone. I'm joined here with my colleagues, Vice Chair Commissioner Joe Carollo, Ken Russell, Manolo Reyes, the -- we are going to recess this meeting, but I see that we have people who have come for public comment. I'd like to give you the option to either speak today or come back on the 13th. If you can't come back on the 13th, I will allow you to speak today, but we will recess this meeting. No items will be taken up and the meeting will reconvene on September 13th. So, it's your choice. Is there anyone here that would like to speak for public comment, or would you like to hold your comments for the 13th meeting? George Wysong (Assistant City Attorney, Supervisor): Madam Chair, would you like me to read the script? Chair King: Please. Mr. Wysong: Thank you. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the code section about lobbyists is available at the City Clerk's Office or online at www.municode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this code section is available at the Office of the City Clerk or online at www.municode.com. The City of Miami requires that anyone requesting action by the City Commission must disclose, before the hearing, any consideration provided or committed to anyone for agreement to support or withhold objection to the requested action, pursuant to City Code Section 2-8. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. In accordance with Section 2-33 (f) and (g) of the City Code, the agenda and the material for each item on the agenda is available during business hours at the City Clerk's Office and online, 24 hours a day, at www.miamigov.com. Any person may be heard by the City Commission, through the Chair, for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. Public comment will begin at approximately -- after 9:00 a.m. and will remain open until public comment is closed by the chairperson. Members of the public wishing to address the body may do so by submitting written comments via the online comment form. Please visit www.miamigov.com/meetinginstructions for detailed instructions on how to provide public comment using the public -- the online public comment form. The comments' submitted through the comment form have been and will be distributed to the elected officials and city administration throughout the day so that the elected officials may consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to the elected officials up until the chairperson closes public comment. Public comment may also be provided live at City Hall located at 3500 Pan American Drive, Miami, Florida, subject to any and all city rules as they may be amended. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. When addressing the City Commission, the member of the public must first state their name, their address, and what item will be spoken about. Any person with a disability requiring assistance, auxiliary, aids, and services for this meeting may notify the City Clerk. The City has provided different public comment methods to indicate, among other things, the public support, opposition, or neutrality on the items and topics to be discussed at the City City of Miami Page 2 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Commission meeting in compliance with Section 286.0114(4)(6) Florida Statutes. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity and time before the meeting. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. Anyone wishing a verbatim record of any item considered at this meeting may request it at the Office of Communications or view it online at www.miamigov.com. PZ (Planning and Zoning) items shall proceed according to Section 7.1.8.4 of the Miami 21 Zoning Ordinance as temporarily modified pursuant to Emergency Ordinances 13903 and 13914. Parties for any PZ items including any applicant, appellant, appellee, City staff, and any person recognized by the decision - making body as a qualified intervenor, as well as the applicant's representatives and any experts testifying on behalf of the applicant, appellant, or appellee, may either be physically present at City Hall to be sworn by oath or affirmation by the City Clerk. And make -- pursuant to Emergency Ordinance Number 13903, members of the general public who are not parties to an action pending before the City Commission are not required to be sworn in by oath or affirmation. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice pursuant to Florida Statute Section 286.0115 and Section 7145 of the Miami 21 Zoning Ordinance. The order of presentation shall be as set forth in Miami 21 and in the City Code. Staff will briefly present each item to be heard. The applicant will present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have. Please silence all cellphones and other noise -making devices. This meeting can be viewed live on Miami TV, the City's Facebook page, Facebook.com/CityofMiamigov, the City's Twitter page, Twitter.com/CityofMiami, the City's YouTube channel, Youtube.com/user/CityofMiamigov, and Comcast Channel 77. The broadcast will also have closed captioning. Thank you. Todd B. Hannon (City Clerk): Chair, may, I administer the oath? Chair King: Yes. Mr. Hannon: Thank you, Chair. The procedures for individuals who will be providing testimony will be sworn in. for Planning and Zoning items and any quasi-judicial items on today's City Commission agenda will be as follows: the members of the City staff or any other individuals required to be sworn in who are currently present at City Hall, will be sworn in by me, the City Clerk, immediately after I finish explaining these procedures. Those individuals who are appearing remotely may also -- may be sworn in now, or at any time prior to the individual providing testimony for Planning and Zoning items and/or quasi-judicial items. Pursuant to Emergency Ordinance Number 13903, those individuals appearing remotely may be sworn in at their location by an individual qualified to administer the oath. After you are sworn in, please be sure to complete, sign, and notarize the affidavit provided to you by the City Attorney's Office. Each individual who will provide testimony, must be sworn in and execute an affidavit. Please e-mail a scanned version of the affidavit to the City -- 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 notice and provisions set forth in these uniform rules and procedures we have established for this meeting? Chair King: Yes. City of Miami Page 3 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Mr. Hannon: Chair, may I administer the oath? Chair King: Yes. Mr. Hannon: Okay. Anyone speaking on today's Planning and Zoning -- anyone speaking on 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. PR - PRESENTATIONS AND PROCLAMATIONS PR.1 12364 PROTOCOL ITEM Honoree Presenter Protocol Item City of Miami Procurement Department Mayor Certificate of Merit Quatisha Oguntoyinbo-Rashad Mayor Certificate of Merit Erica Kim Lee Mayor Certificate of Merit De Hostos Senior Center Chairwoman Certificate of King Merit RESULT: PRESENTED 1) Mayor Suarez and Commissioners presented a Certificate of Merit to De Hostos Senior Center as it celebrates its 45th year anniversary. This non-profit organization was established in 1974 with an overall goal to provide comprehensive services for elderly and disabled adults living in Wvnwood,, Allapattah, Little Haiti, North Miami, and other surrounding areas of Miami -Dade County. Elected Officials paused in their deliberations to recognize this organization and is confident that they will continue to excel and serve the community with distinction. 2) Mayor Suarez and Commissioners presented a Certificate of Merit to the City of Miami Procurement Department. The Department has won for a 6th year in a row the National Procurement Institute's Excellent in Procurement 2022 award. Elected Officials paused in their deliberations to recognize the department and are confident that they will continue to excel and serve the community with distinction. 3) Mayor Suarez and Commissioners presented a Certificate of Merit to Quatisha Od ntoyinbo-Rashad, Chief of Environmental Resources in the Building Department for the City of Miami. Ms. Oguntoyinbo-Rashad was recently awarded the City of Miami Page 4 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 President's Award of Merit as issued by the Florida Chapter of the International Society of Arboriculture. She was chosen by the Florida Chapter past president and bestowed to recognize outstanding meritorious service in advancing the principles, ideas and practices of progressive arboriculture. Elected Officials paused in their deliberations to recognize Ms. Oguntoyinbo-Rashad's excellence and her continued service to the community. 4) Mayor Suarez and Commissioners presented a Certificate of Merit to Erica Kim Lee, Hearing Boards Coordinator in the Department of Planning's Hearing Boards Division. Ms. Lee is an awesome employee who is instrumental with helping the public and colleagues throughout the public hearing process, and with getting time - sensitive projects noticed and placed on City Commission agendas. Some of her recent projects include managing the large notification required for the Miami Freedom Park, the Wharf, and the Sabal Palm projects. Furthermore, Ms. Lee served honorably in the United States Army. In her personal time, she builds furniture, collects plants, and is a double black belt Taekwondo instructor and judge. Elected Officials paused in their deliberations to recognize Ms. Lee and are confident that she will continue to excel and serve the community with distinction. Chair King: And now I believe we have some proclamation items. Presentations made. Chair King: This concludes the presentation portion of our meeting. PUBLIC COMMENTS FOR ALL ITEM(S) 12593 DISCUSSION ITEM Office of the City Clerk PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE SEPTEMBER 8, 2022 CITY COMMISSION MEETING WHICH WAS RECESSED AND RECONVENED ON SEPTEMBER 13, 2022. RESULT: PRESENTED Chair King.: Elvis? Elvis Cruz: Yes, ma'am. Chair King: Okay, you understand that there will be no Planning and Zoning items taken up today? Mr. Cruz: Not a worfy. How about a CA item? Consent agenda. Chair King: Okay, but we're not taking any items up today. So, would you rather hold your comment fbr Tuesday the 13th? Mr. Cruz: I'd like the -- I'm well prepared, so I'd like the Commission to hear the substance. Chair King: Okay, go right ahead. City of Miami Page 5 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Mr. Cruz: Thank you. So, regarding item CA.6, has to do with seawalls. There is an attachment to that item that includes, as you see here, replacing seawalls in the Morningside neighborhood, and I want to point out the baywalk requirements of Miami 21. It has a seawall right next to the bay, which is totally logical. Here are nine drawings from the baywalk ordinance and every one of them has the seawall right up against the bay. This is totally logical because that maximizes the public use of the waterfront, but here's what's proposed in Morningside Park. In -- there's no seawall at the bay. Instead, the current plan is to have the seawall set back 23 to 77 feet from the shoreline. The shoreline is excavated to create a swamp. The shoreline is not protected from flooding, it is surrendered to flooding. And there's three -foot -tall marsh grass. So, even though the plan says it maximizes shoreline protection and stabilization and park usage, that's false. It would do just the opposite. Here's the shoreline as it currently exists. It's a place where the public can enjoy picnics, family portraits. There's picnic tables right by the bay. It's a treasure. The Marine Corps uses it for their induction ceremony, where they come and they photograph the new inductees right next to the beautiful Biscayne Bay, and they even have weddings along Biscayne Bay, but none of this would be possible with this new plan because it would take away 80,000 square feet of precious bayfront for a shoreline swamp. Here's what's proposed instead, put the seawall right at the shoreline as you've done in so many other parks. We already have 17 nature preserves on Biscayne Bay, and here's what they did at Wainwright Park. And at Albert Pallot Park, there were mangroves at the shoreline, they put in a seawall. So, please, do the same for Morningside Park as you have done for so many other parks. Thank you. Chair King: Thank you, Elvis. Professor Latimore, good morning. Samuel Latimore: Good morning. It's so good to see you again. Good morning, Madam Chair and Honorable Commissioners. I am Scan Latimore, president of the Charles Hadley Neighborhood Association and Operation Reach Out. I live at 937 Northwest 55 Street, Miami, Florida. I've been living there with my parents who moved in there in 1958, so you know we're a long-time resident of that. I don't notice on the agenda that the RE.3 is listed on the podium copy. Is that because RE.3 will not be heard this morning? Chair King: Nothing's going to be heard this morning, Professor Latimore. Mr. Latimore: Okay. Chair King: Right, that's not going to be heard today. Mr. Latimore: Okay, thank you. Chair King: Thank you. If there's no one else for further comment, I'd ask for a motion to recess this meeting to September 13th. [Later...] Chair King: We are now going to get started with some of our statements that need to be read into the record. We will start with the City Attorneys office. Mc City Attorney. John Greco (Deputy City Attorney): Okay. Thank you, Madam Chain Sorry. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office or online at wwwmunicode.com. Any City of Miami Page 6 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of the City Code section is available at the office of the City Clerk or online at wwwmunicode.com. The City of Miami requires that anyone requesting action by the City Commission must disclose, before the hearing, any consideration provided or committed to anyone for agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. In accordance with Section 2-33 (f) and (g) of the City Code, the agenda and the material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at www.miamigoucom. 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 remain open -- well it's after that -- and remain open until public comment is closed by the chairperson. Members of the public wishing to address the body may do so by submitting written comments via the online comment form. Please visit wwwmiamigovcom/meetinginstructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment form have been and will be distributed to the elected officials and City Administration throughout the day so that the elected officials may consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to the elected officials up until the chairperson closes public comment. Public comment may also be provided live here -- live at City Hall located at 3500 Pan American Drive, Miami, Florida, subject to any and all City, rules as they may be amended. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such a proposition. When addressing the City Commission, the member of the public must first state their name, their address, and what item will be spoken about. Any person with a disability requiring assistance, auxiliary aids, and services for this meeting may notify the City Clerk. The City has provided different public comment methods to indicate among other things the public support, opposition, or neutrality on the items and topics to be discussed at the City Commission meeting in compliance with section 286.0114 subsection (4)(c) Florida Statutes. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity and time before the meeting. Please note that Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. Anyone wishing a verbatim record of an item considered at this meeting may request it at the Office of Communications or view it online at wwwmiamigov.com. Planning and Zoning items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance as temporarily modified pursuant to Emergency Ordinance Numbers 13903 and 13914. Parties for any Planning and Zoning items, including any applicant, appellant, appellee, City staff, and any person recognized by the decision - making body as a qualified intervener as well as the applicant's representatives and any experts testifying on behalf of the applicant, appellant, or appellee, may 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 oath or affirmation in person at their location by an individual qualified to perform such duty. Pursuant to Emergency Ordinance Number 13903, members of the general public who are not parties to an action pending before the City Commission are not required to be sworn in by oath or affirmation. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice pursuant to Florida Statute section 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Ordinance. The order of presentation shall be as set forth at Miami 21 and the City Code. Staff will briefly present each item to be heard. The applicant will present its application or City of Miami Page 7 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 request to the City Commission. lithe applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have. Please silence all cellphones and other noise -making devices. This meeting can be viewed live on Miami T[, the City's Facebookpage, the City's Twitter page, the City's YouTube channel, and Comcast Channel 77. The broadcast will also have closed captioning. In addition, 1 need to make an all -- an announcement with respect to brownfield that will come up at the meeting, at the next meeting. Pursuant to Florida Statutes 376.80, which requires that an announcement be made at a City Commission meeting preceding the meeting where the City Commission may or will consider the designation of a brownfield, I'm announcing that at the September 22, 2022 and October 27, 2022, City Commission meetings, the City Commission may or will consider a resolution the properties located at 5601, 5615, and 5645 Southwest 8th Street, Miami, Florida, 33134, as possible brownfield sites within the City of Miami for the purposes of environmental rehabilitation pursuant to Florida Statute 376.80. Thank you. Chair King: Thank you, Mr City Attorney. Mr. City Clerk, do you have a statement to read into the record? Todd B. Hannon (City Clerk): Yes, ma'am. Thank you, Chair The procedures for individuals who are 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. Members of the City staff or any other individuals required to be sworn in who are currently present at City Hall will be sworn in by me, the City Clerk, immediately after I have finished explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for Planning and Zoning items and/or quasi-judicial items. Pursuant to Emergency Ordinance Number 13903, those individuals appearing remotely may be sworn in at their location by an individual qualified to administer the oath. After you are sworn in, please be sure to complete, sign and notarize the affidavit provided to you by the City Attornev'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 -- 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 we have established for this meeting? Commissioner Russell: Yes. Mr Hannon: Chair may I administer the oath for the planning and zoning items? Chair King: Please. Mr Hannon: Thank you, Chair. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr Hannon: Thank you, Chair Chair King: Thank you. At this time, we will address the City Manager and any items that the City Manager would like to defer or withdraw from our agenda. City of Miami Page 8 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Arthur Noriega (City Manager): Good morning, Madam Chairwoman, Commissioners, Madam -- Mr City Attorney, Mr. City Clerk, at this time the Administration would like to defer and or withdraw the following items. CA.3 to be deferred to October 13th; FR.2 to be deferred to September 22nd; PZ.2 to be deferred to October 13th; I may have one more, hold on a second. PZ.2, October 13th. Chair King: Is that it? Mr Noriega: Well, there is one more. Hold on one second. Commissioner Diaz de la Portilla: I'll do it. I'll go ahead and do it. RE.6, Madam Chair. RE.6. Chair King: Hold on one second. Okay. You're finished? Mr Noriega: That concludes my items. Commissioner Diaz de la Portilla: Yeah. Chair King: Okay, so in order. Commissioner Diaz de la Portilla: I'm adding to his list. He asked me to do it. Chair King: RE. 6? Commissioner Diaz de la Portilla: RE.6. Chair King: Okay, RE.6 is deferred indefinitely? Commissioner Diaz de la Portilla: Indefinitely. Chair King: Okay. Mr Vice Chair, do you have any items that you would like to defer, withdraw? Vice Chair Carollo: I'm going to defer -- (INAUDIBLE). What is the number for the item for City Brickell Center? Mr Noriega: Say again, sir? Vice Chair Carollo: The City Brickell Center, what item is that? Commissioner Diaz de la Portilla: PZ.6 and 7. Mr Noriega: PZ.6 and 7. Commissioner Diaz de la Portilla: 6 and 7. Vice Chair Carollo: Huh? Commissioner Diaz de la Portilla: PZ.6 and 7. Vice Chair Carollo: Okay. I'd like to defer that for the next meeting and let me state on the record why. They have sent me, which I received yesterday, copies of contracts and other information. Unfortunately, I haven't been able to go through it, and I think you all know why. But years back, when my brother was sitting here, he made sure and wisely thought into the fixture that we need -- we needed another fire station there, City of Miami Page 9 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 because the only fire station that covers all of Brickell, West Brickell, parts of Silver Bluff and Shenandoah and the north end of Little Havana is the one in 2nd Avenue. And that area, it's just too highly congested, so we need, badly, a second fire station. They're offering a temporary one, but I want to make sure, and I want to be able to speak to the fire chief the members of the fire union, that the agreement that was entered into years back is correct in how they're interpreting or how I might interpreter or the City Attorney might. This is a life and safety issue. One meeting is not going to matter to them, but it could matter to the lives of a lot of people. That because we don't have a second permanent fire station, might not get a fire rescue truck quick enough, or even if a fire is going, we might not get a fire truck there quick enough. And it's too -- it's a large area to begin with, but it's also an area that is extremely dense in population and has tremendous amount of traffic, because a lot of the traffic that comes from Downtown, Brickell, either leaves or comes into that area. And I would request also the Administration to go through that carefully with us also. So that's why I'd like to defer this item for the very next meeting. Commissioner Reyes: Through the Chair I had also received the same information that you have, and I also have received information from the other side. You see they have -- have -- they have statements, they made statements that the City is some to blame. And I -- what I want it is that -- I want to find out what's going on, why it has taken so long, and also if we have not done what we should have done as a City, as an Administration, in order to correct it. Because there is a statement that part of the delay is blame on the City. 1 don't know if it is true. I don't know if it is not true. But I would like to clarify that too because definitely we need a fire station in that area. So yeah, yeah, I support Mr. Carollo on his. Chair King: I agree. I did receive similar communications and I'm very concerned about the issue and it's -- it's really a life safety issue. So, we need to get into that, clarify, and make sure what is happening is what is supposed to happen. Now, I'm going to continue with our items. If any of us wants to defer, I'm going to go in order. Now, you don't have any? Vice Chair Carollo: Those two PZ (Planning and Zoning) Items, I'd like to defer them. Chair King: Yes, okay. Commissioner Russell, do you have any items to defer? Commissioner Russell: No, but I'd like to make a comment on 6 and 7 items. Chair King: Okay. Commissioner Russell: Thank you, Madam Chair. Obviously, this is a major development within my district, and I've been following along with it for the last seven years. I've worked closely with them and can assure that once we do review, you'll find that they are and have been in good faith cooperating with both the fire department and our Administration and conceded on a -- on two major issues. One was to create the temporary fire station when they knew there was going to be a delay, and that's an additional million -dollar cost for them that they've already purchased the materials and have been storing them for nearly two years waiting for the permits for that temporary station, and two, that they've now proffered continuity of service between the permanent and the -- the -- and the temporary' and the permanent version, which was not in the original agreement. But something else that you may or may not be aware of the original SAP (Special Area Plan) -- I'm sorry, the second amendment, at least, to the SAP there was a provision of $1 million toward ajjbrdable housing that they had proffered a few years ago that we had negotiated. That also is getting delayed based on the non -activation of the North project. And so, in conjunction with this rezoning, which is unrelated, they have agreed to front load that million dollars as City of Miami Page 10 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 soon as they get the demolition permit on this project, the zoning that we're looking at. So the sooner they get to demolition, the sooner we get the million dollars for affordable housing, which is divided equally amongst our commission districts, which is a very good thing and much needed. So I'd like to just put in that they have been a good faith partner in this effort and that everything that the fire department then had required of them, they are at the table with. So I'd be in support of moving this today, but of course in deference to my fellow commissioners, 1 look forward to all of us catching up on this and moving forward. Thank you. Chair King: Commissioner Reyes, do you have any items that you'd like to defer or withdraw? Commissioner Reyes: No, no I don't, I don't have any. Chair King: Okay, let me give the manager the ones that I want to. Mt: Manager I'd like to defer PH1. Actually I'd like to withdraw PH.1. And I'd like to indefinitely defer PZ.3, 4 and 5. I'd also like to co-sponsor PH.5. May I have a motion? Mr Hannon: And Chair, just for the record, I have -- it is my understanding that Commissioner Reyes would like to co-sponsor RE.5. I also have you, Commissioner King, as a co-sponsor for PH.7 and RE.3, is that correct? Chair King: PH. 7. RE.3. Yes, for RE.3 and PH. 7, yes. Commissioner Reyes: Through the Chair. Chair King: Yes. Commissioner Reyes: I would like to also co-sponsor this PS.3 [sic], which is Liberty City. It is a supplemental budget for the Liberty City Community Rehabilitation Trust. It is much needed. I would like to co-sponsor that, too. Mr Hannon: And that would be RE.3, Commissioner? Commissioner Reyes: Yes. Mr Hannon: Understood. Vice Chair Carollo: Mr Clerk, you put me as a sponsor on all these items with him? Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: Madam Chair, the same thing, PH.5, the Liberty City Community Revitalization Trust, RE.3. Commissioner Reyes: And PH.5. (COMMENTS MADE OFF RECORD) Chair King: No, no, no, no. We're co -sponsoring PH.5. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: And that's it, ma'am. Oh, I'm sorry and the Manuel Balado Avenue RE.5. City of Miami Page 11 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Chair King: RE.5. Commissioner Diaz de la Portilla: Co-sponsor Chair King: Okay. Do I have a motion? Commissioner Diaz de la Portilla: I'll move it. Vice Chair Carollo: Move. Chair King: Second? All in favor? Mr Hannon: I'm sorry, Chair Who was the seconder? I have Commissioner Diaz de la Portilla as the mover: Commissioner Diaz de la Portilla: Carollo. Chair King: Commissioner Carollo is the second. Mr Hannon: Thank you, Chair. Chair King: All in favor? The Commission (Collectively) Aye. Chair King: Motion carries. I'm sorry. Spencer Crowley: Good morning, Madam Chair Chair King: Yes. Mr Crowley: Spencer Crowley, 98 Southeast 7th Street, here on behalf of Swire and on the Brickell City Center matter. We are all here today We're ready to present. We understand that you all need some additional information and that's fine. We're happy to meet and explain the past here, the history. Is this item deferred to -- or next meeting? We just wanted to clam. Okay. Commissioner Diaz de la Portilla: September 22nd. Mr Crowley: Thank you. September 22nd. Chair King: September 22nd meeting. Mr Crowley: Okay. Thank you. Chair King: You're welcome. Vice Chair Carollo: By the way, thank you for behaving very professionally and sending information to my office as quickly as possible. Mr. Crowley: Sure. We have nothing -- I mean, we're here to help, we're here to discuss these issues, recount the history, so whatever you guys need, we're here to -- Vice Chair Carollo: We've had a good relationship with Swire jbr decades, so -- Mr Crowley: Right. And we know that you all are supportive and look forward to City of Miami Page 12 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 explaining this and getting through it, so thank you. Chair King: Thank you. Commissioner Reyes: Likewise. Thank you. [Later...] Chair King: At this time, we are going to open public comments. You may speak on any item that is on the agenda for today. Any item that appears on the agenda today, you are welcome to speak. Thank you all for coming. Good morning. Paige Golembeski: Good morning. My name is Paige Golembeski and I reside at 3295 Gifford Lane in Miami. I'm a graduate student at University of Miami and I work at Virginia Key Outdoor Center Today you will hear from several people, some just living blocks away or some from nearby towns. I ask that we respect those that took time from their work schedules to come voice their opinions. Oh, thank you. Just as you heard from -- heard the thoughts and opinions from Jorge Mas, a Coral Gables resident, and the other lobbyists who have come on this podium prior to this meeting. Miami is a growing and thriving city. Many residents from nearby towns frequent Virginia Key, have lunch at Bayfront Park, shop at Brickell City Center and so on. They contribute to the local economy by supporting businesses in the City of Miami. Some have family members who live in the city and were unable to come in person due to their work or school schedules. Today you will hear just how one park and one small kayak concession affected people not just in the City of Miami limits but beyond and I hope you can choose to listen and respect their time just as we do to you. Thank you. Todd B. Hannon (City Clerk): And my apologies Chair, can I get the speaker's name again? I'm sorry 1 didn't hear you at first. Just your name on the record. I'm sorry, I didn't -- Ms. Golembeski: Paige Golembeski. Chair King: Good morning. Grady Muhammad: Good morning. Grady Muhammad, Director of Intergovernmental Affairs Nation of Islam Muhammad Mosque Number 29, 7th Regional Headquarters, covers State of Florida, the Caribbean Islands, Central and South America. Speaking on PH -- in favor of PH 7 with the Overtown Youth Center, but I have concerns with PH 6 and RE.3. PH 6 is the MLK and FOCAL (Foundation of Community Assistance and Leadership). It seems like over the last seven to eight years, all our anti poverty initiative funds have been going to FOCAL and Martin Luther King Economic Development Corporation. They're wonderful organizations, but we have more than just these two entities and organizations that deserve funding anti poverty initiative funding, in District 5. And specifically relating to RE.3, which is the Liberty City Trust. We call it the `Liberty City Who We Don't Trust Who Don't Care Nothing About Us." They haven't met in over a year. The board has not met in over a year. That means there's been no services to be provided to the community outside of some -- some of these positions and jobs. But for the economic development, which is an organization that is supposed to help with economic development in the community. If the board is not meeting, they can't have plans, a POA, or a plan of action to help the community of Liberty City, Model City, to be able to overcome the rent that is increasing, to build houses that create affordability, to help provide affordable housing, as well as so -- services that they needed -- services to the businesses. So unless we're going to continue to give $ 1,100, 000 to an City of Miami Page 13 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 organization that has not met in a year, and we're paying salaries to this organization -- this is a complete incompetence in leadership, for a board not to meet in a year, we still give them $1,100,000. Thank you. Chair King: Thank you. Good morning. Bradley Luft: Good morning, Madam Chair Chair King: Please don't, there's no clapping in the chambers. Please don't do that. Thank you. You can do like this, but please no clapping. Good morning. Mr Luft: Good morning. Bradley Luft, 2280 Southwest 32nd Avenue. Thank you for the opportunity to speak, Madam Chair and the rest of the Commissioners. I was the operations manager for the Virginia Key Outdoor Center and I'm also the son of Esther Alonso, an outspoken advocate for the protection of Virginia Key, as well as the sole proprietor of the Virginia Key Outdoor Center Over the past seven years, we've done something that is very seldom seen by small businesses. We've run an operation that was both caring, educational, and environmentally sensitive, and we did so successfully. We have sown the seeds for a lot of young people who in the future are going to become environmental activists, environmental scientists, and just responsible recreators. And we've provided memories for tens of thousands of people who are going to remember nature in Miami and are going to remember Miami and hopefully come back to Miami to enjoy that kind of thing again. I would just like to ask today that you consider another opportunity for us to fix things and continue doing the good that we've done. Thank you. Chair King: Thank you. Good morning. Anthony Parrish: Good morning, Commissioners. My name is Anthony Parrish, address 3940 Main Highway. I'm here today on PZ.1 as the designated spokesman for your Planning, Zoning and Appeals Board, also known as PZAB (Planning, Zoning and Appeals Board). In March of 2021, we passed a resolution of PZAB asking you to consider legislation to help resolve complaints that we hear very regularly at PZAB. People come before us saving that their voices are not -- from the neighborhood, saying that their voices are not heard early enough or strongly enough when new developments are proposed in their neighborhoods. And as we all know, Miami is a city of neighborhoods, probably more than two dozen of them at least, each with its own character demographics, history, needs, and requirements. And also Miami is also rapidly, growing. And neighborhoods that before, especially your district, Commissioner, and also Commissioner District 2, were not in the path of rapid development, now find themselves high and dry and closed in. And so your Miami 21 Review Task Force also spent months and months reviewing the Code to address the same question of what kind of city we hope to be. So where -- where this came about, there was a potential conflict between Miami 21 s two stated goals for intent -- intent as set forth in Article 2. The conservation goals is -- it says, number one, is preserving neighborhoods, historical resources, and the natural environment. And the development goals include maintaining the future growth capacity, of the city or to ensure its preeminence as the transit -oriented, pedestrian friendly focus for the region's economic, civic, and cultural activities. So, instead of trying to amend the intent language in the Code, your planning staff worked long and hard and has done a brilliant job of balancing existing neighborhood preservation with the needs for new development by proposing amendments to the design review. I'm just finished. Chair King: Thank you. Mr Parrish: I'm here on behalf of your PZAB. City of Miami Page 14 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Chair King: I understand, but we have a lot of people who are waiting to speak -- Mr Parrish: So -- okay -- Chair King: And everyone gets two minutes. Thank you so much. Mr Parrish: So I'm asking you to withdraw PZ. 1 -- Chair King: Thankyou. Good morning. Stanley Young: Good morning, Commissioners. My name is Chaplain Stanley Young. I'm a chaplain here in Miami. I'm at 2020 1st Avenue where I go out and I assist the homeless and those that are incarcerated that are coming back to our community to get acclimated back into our community alright. And I have been doing this for over 26 years as a chaplain to help and assist inmates. But what I want to talk about today is DI.1, the overreach of this board trying to interfere with a trust that was set up by the people. This is something Governor DeSantis has started up in Tallahassee. It has now come home here to Miami. And I'm here to shout out and let you guys know you're overreaching to reaching out and doing -- and messing around with Virginia Key Beach Trust. That trust was set up and it was funded by the people of this great society and it needs to stay that way. You really are going outside of your bounds of actually dealing with this matter You really need to reconsider your actions concerning -- regarding the Virginia Key Beach, because I really do believe that this is an overreach of government that has started in Tallahassee and is now coming home here. I have spoken with Guy Forchion. He was very upset, and I told him I was going to come down and share with you guys that this is an overreach and this is something that we need to cease and we need to stop doing in government, telling the private people, you know, what they can and cannot do with their organizations. So this is an overreach and -- Chair King: Thank you. Mr Young: I wanted to let you know. Chair King: Thank you. Mr Young: Thankyou. Commissioner Russell: Madam Chair Chair King: Wait. Commissioner Russell: I just want to claribi, there may, be a confusion because DI 1 is not about the Virginia Key Beach Trust. Chair King: I know, but I did not want to stop him from having such a passioned public comment and if he kind of -- we can clear that up. I would like to ask all of my colleagues not to make any comments in response to public comments that we have this. Let's just have all of our public comments and then we will talk about it as the item comes up. Good morning. Sunny Mclean: Good morning, Commissioners, and thank you for listening. My name is Sunny Mclean. I'm co-founder; one of the co-founders of Virginia Key Alliance. I live at 4066 Malaga Avenue in the Grove. Virginia Key Outdoor, also I'm speaking on DI. 1. The Virginia Key Outdoor Center opened seven years ago and was quickly embraced by Miami citizens because this was something they wanted. They wanted to City of Miami Page 15 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 be outdoors, recreating safely in a quiet, natural space. And why did this happen so quickly? Back in 2007, for three years, Miami citizens met to discuss the Attire of Virginia Key. What came out of all those meetings was a desire to keep Virginia Key as a park, as a natural environment for Miami citizens to enjoy both on land and water This resulted in the Virginia Key Master Plan. The Virginia Key Outdoor Center represents the best of the Virginia Key Master Plan. This is a place where people can go to be on the water in human powered vessels safely, and I emphasize safely, because the other water that is available on Virginia Key, the Miami Marine State and Basin, has become unsafe of the -- of late. You all know there've been two deaths there. So Virginia Key Outdoor Center provides something that is greatly needed 'Or those who want to enjoy a unique space that the City of Miami has to offer for citizens. Thank you. Chair King: Thank you. Good morning. Navomi Orridls: Good morning. Good morning, Chairwoman King, Vice Chairman Carollo, Commissioner Reyes, Commissioner Russell, Mr De La Portilla. It's a pleasure to be here in front of you today. My name is Nayomi Orridls and I'm speaking on behalf of Virginia Key Outdoor Center. My son Alexander Zabowski has been attending Virginia Key Outdoor Center for several years now and I have to thank you for allowing them to exist in business for as long as you have, and nay hope here today is that you guys will reconsider allowing them to reopen. As a single woman, as a single professional in this city, they have been able to provide a safe space for children like my son who have a great interest in water sports and fishing. And Esther, Brad, Diana, and the rest of the team have been a monumental part in raising my son. And I know that if my experience has been so positive, there's many others that have had the same experience and I hope that the city can really consider coming together and forming a plan to let them reopen and continue providing a positive impact in our community, just as you guys have done with many items. I really appreciate all of your positions. I know you guys are working very hard towards the betterment of our city and I trust that you guys will act in good faith and definitely allow them to open considering they've provided such a positive impact in our city. So thank you so much. Chair King: Thank you. Ms. Orridls: Have a great day. Chair King: Good morning. Dennis Phillips: Good morning, all. My name is Dennis Phillips I was born in 1955 here in Miami Dade County. And when I was a kid, they called it the first <expletive> beach of Virginia Key. But there's three items I want to cover. I'm advocating really for the homeless, but I want to first say Virginia Key Beach is the Black historical beach preservation. Second, I'm against the Virginia Key Beach homeless. You know, homeless should not be at a historical preservation site. I mean, it should be preserved for better things, like, you know, same as Dawson Park. It's enshrined in the betterment of people. Okay. Next point. The homeless needs housing, stable. I mean, but first of all, let's look at the real situation around homelessness. Let's look into the aspect of these homeless people need medical and mental health. Most of these people probably qualify for subsidy income, so it wouldn't -- it wouldn't hurt to put them in affordable housing where they can -- where it can be paid for and the City don't have to lose any money just building up appropriate affordable housing. I mean, it can pay Chair King: Thank you. City of Miami Page 16 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Mr Phillips. -- for itself Chair King: Thank you. Mr Phillips. You know -- alright. Chair King: Thank you for coming. Good morning. Suleman Jivani: Good morning, Suleman Jivani, 1104 Southwest 12th Court. I'd like to bring up this unsafe structure orders for the properties that are in foreclosures and the orders have been signed giving 60 to 180 days to make plans, open permits. But when actually the property sold at the courthouse steps and when the new buyer comes in who paid all cash, he approaches the City, the City works with him and something changed middle of June. They canceled all of the approved process numbers and put a demo order on the property saying we are going to demo it because the original order which was signed while the property was under the foreclosure procedure, didn't apply or didn't follow the rules. So at this point, the City doesn't want to accept the approved process numbers. So my request is if you guys can consider that the unknown party who had no notice is going to lose its investment. And I have seen in the dockets that a lot of companies have been filing lawsuits on the City of Miami for the same exact reason. So I hope something -- you guys can do something about it or we can meet one of you and explain you the situation. That's it. Thank you. Chair King: Thank you. Julie Malphurs: Good morning. Hello. My name is Julie Malphurs. I have been a resident of Allapattah for 17 years, and I have been an employee of the Miami VA (Veterans Health Administration) Hospital for 20 years. But today I'm here on behalf of Virginia Key Outdoor Center and representing nay son, who was the first camper at Virginia Key Outdoor Center seven years ago, has evolved to become a counselor at the center and has developed a love for marine life and outdoors, kayaking, paddle boarding, that never would have happened if it hadn't been for Virginia Key Outdoor Center. My son currently attends MAST (Maritime and Science Technology) Academy, where we drive every day from Allapattah to MAST Academy and back, because he wanted to go to the same school that the counselors that VKOC (Virginia Key Outdoor Center) went to. I have been sitting -- I have never been to a City council meeting. I appreciate the opportunity to speak. My parents are both graduates of the Miami -- of Miami High and Miami Dade College and the University of Florida. I chose to raise my son in Miami for a reason and I'm watching that reason disappear I have heard nothing. I read the agenda. There's planning, planning, planning, planning, development, development, development, planning, but I don't hear anything about saving our blue space and our green spaces. That is why people come to Miami. For our children, our families to be outdoors, out of our houses, the pandemic made that more evident than ever that Miami is a wonderful place to live and we are watching it be destroyed with overdevelopment. Thank you for the opportunity to speak. Chair King: Thank you. Good morning. Leah Kinnaird: Thank you, Madam Chair. My name is Leah Kinnaird. I live at 9040 Southwest 97th Terrace. I have lived in Miami for over 50 years and my favorite spot in Miami is the Virginia Key Outdoor Center, which I would like to speak in favor of You're renegotiating with them to reopen the center. And Mr. Noriega, when I hear you talk about the procurement center and you talked about your staff and I kept thinking the words that you used about your staff are the words that could be applied City of Miami Page 17 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 to the staff who are sitting here, but they have all lost their jobs. And I would like very much to see the center reopen. It's an oasis for cyclists at the end of Arthur Lamb Road. It's a welcome center for tourists who come to Miami and who are looking for a green space. It's the best place in Miami for the young and the old to learn how to kayak and paddleboard. It's a place where manatees are known by name. I would like to also say that Esther Alonso is a dedicated person who understands our community, understands Virginia Key, 1 think, better than most people and gives extraordinary service to our community and the people of Miami. I'm very interested in your being able to renegotiate with them and thank you very much for this opportunity to speak. Chair King: Thank you. Good morning. Evette Alexander: Hello and thank you for the opportunity to comment today. My, name is Evette Alexander and my comment pertains to the Virginia Key Outdoor Center and more importantly the future of development on Virginia Key. I'm a 10-year resident of Coconut Grove, a South Florida native. I'm a mother of two and my comments today are made in this capacity. I'm also the Executive Director of AIRIE (Artists in Residence in Everglades), an organization who works to make the outdoors a place of belonging for all in partnership with Everglades National Park. That is exactly what I see Virginia Key and the Outdoor Center do day in and day out for thousands of Miamians. They're making the outdoors a place of belonging for all and we have in turn fallen in love with this unique and special place. Our family visits Virginia Key on a weekly basis. We found the Key and the Outdoor Center an asset for our physical and our mental health. We connect with wildlife that can only thrive there because it's undeveloped. The reddish egret, only' 200 breeding pairs left in our State. Sea turtles, Florida manatees, they're all there to enjoy. My daughter learned to paddleboard at the center's camp, and we are not alone. All of Miami can be found on Virginia Key, in their hundreds across spectrums of backgrounds, race, language, income levels. They gather, they recreate, they seek respite from an overly developed city with little remaining green space, let alone natural habitats. It's a place where our wildlife and us can coexist and enjoy one another I'm also a volunteer sea turtle nesting surveyor on Virginia Key with the MORAES (Marine Order for Research and Action through Environmental Stewardship) Foundation. And this year we logged 127 nests for the endangered loggerhead sea turtle, which is a big win for the species. So I think as a city we can do better for our homeless than drop them in a place where there's no place to buy food, access transportation, or health care. Let's preserve Virginia Key as an undeveloped recreational space for our citizens and our wildlife. If you have not yet kayaked with the manatees at the Outdoor Center, marveled at the jellyfish while the ospreys soar overhead, I invite you to do so as soon as possible. It is the highest form of magic that the Magic City has to offer. Thank you. Chair King: Thank you. Good morning. Renita Holmes: Good morning, Madam Renita Holmes, Executive Director of WAVE, Women in Public Housing Education, Finance, and Development, Our Homes, Business, and Property Services. For the Clerk's reference, my interaction with you as regards to SR.1, RE.3, PH 5, PH 1, and PH 6, which basically is asking for funding for specific groups to do things that I don't believe that they are the only ones qualified to do. It's all about inclusiveness, and I appreciate you thinking about the homelessness, because on number SR.1, with the -- having the residential landlords pay for displacement monies as a result of being repaired and demolished, I was almost homeless. But because I had no offices, no net offices, no interaction with my leadership, and it moved totally west of 6th Avenue, I see even down here in Coconut Grove where opportunities for specific of us who need that help need to have a conversation with our leaders. And a lot of those homeless persons you get at this place, some are persons with disability. I don't think will, fit inside that thing, but what City of Miami Page 18 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 I see is the bigger picture. However, I'm very disappointed that the current board as it is has not followed up on what Athalie Range really wanted for us. That there has not been no real development and I think before we start putting monies into specific groups to do specific things, have conflicts of interest and bias, this pattern and trend of allowing our neighborhoods to be just by one leader on this diocese is bad and it's unfair and it is uncivil. With that, I would like to continue to have a conversation with you in writing and allow some other people to say it is not fair and it is not what Mother Range would have wanted and we could do better. Thank you so kindly and 1 appreciate you Commissioner Carollo and 1 appreciate you Commissioner Reyes looking into the uncivilness of some of the activities that have occurred. Appreciate it. Chair King: Thank you. Good morning. Sharon Frazier -Stephens: Good morning Honorable Chairwoman King. My name is Sharon Frazier -Stephens. I'm sorry I sound like this because I have a motorcycle shop that's revving up the engine. He's a block away from my house and he's revving up his engine. So when I walk outside to walk my dogs, I get, I start getting a hoarse. That's an environmental clean air part. But greetings, Honorable Commissioner King. My name is Sharon Frazier -Stephens. I stand here in your presence because I am tired. I am tired of the filthy -- filthy living in my community. Sorry. Filthy living in -- in the filthy -- the filthy community breathing contaminated air. "We the people." What happened to "We the people?" Citizen participation. I live, eat, work, and play in my community, which I love. 1 love eating, socializing with the community residents at local restaurants and community businesses, exchange ideas, engage and educate them why it is so important for them to be involved in their children's' education. Lastly, I have seen in the past years, the City of Miami and Miami -Dade County government -- Miami -Dade County government continue to give our tax dollars to non -for -profits that is not doing and supposed to be creating great deliverables. So I say give the tax dollars to non -for -profits that are doing great deliverables. Thank you, Commissioner King, for Derek Colas. Derek Colas is my to -go person in my community. I need, I really need garbage bags, I need gloves, I need rakes, and I need the grab sticks to pick up the trash because I want to organize a cleanup in my community because code enforcement have not did it. And that is the reason why I am down in the Honorable Commissioner I am sad to see the area that I live in, living so filthy. God bless you. Chair King: Thank you. Good after -- good morning. Theophius Williams: Good morning. How are you doing? My name is Theophius Williams, 1391 North West 95th Street. I'm totally against homeless being on Virginia Key Beach. When you're putting people in a tiny house, they don't have a bathroom, shower, so where are they going to shower and where are they going to urinate? In the bushes? That's going to start a whole lot of stuff. My question to you all is there are plenty of vacancies on 18th that you can build homeless and bring them over there. I think it's that it's a bad communication when you don't hold meetings with the resident and the taxpayer who put you all in place -- in position. My second opinion with this - - with the Virginia Keys Center, after the pandemic and after all the people went through to get back up on their feet and for everybody to come back and take their livelihood from them, that's bad. And when we're talking about killing and violence, that's what the Center is for, to help the kids. I think y'all need to look at this real carefully and sit down and meet with them. And if you -- and it's a First Amendment speech and when they're speaking for their rights, don't take it personal, sit down with them. See, a lot of things y'all taking personal, you know, and -- and -- and I -- and I -- it's sad to see these people as I read the paper and it is sad for them to go through this. And the mail should, if y'all holding a meeting or a press conference out there, then come and talk to them. Thank you. City of Miami Page 19 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Chair King: Thank you. Good morning. Diana Perez: Good morning, Chairwoman King and Commissioners. My name is Diana Perez. I live at 2280 Southwest 32nd Ave. I am the director of marketing and operations at the Virginia Key Outdoor Center And when I tell you that August 12th will be a day that I will never forget, I will clearly never forget this. On August 12th, for those that are in the chamber that do not know, 1 was greeted by seven police officers for a code inspection. Seven police officers and two code enforcement officers came to the Virginia Key Outdoor Center while we had our summer camp in All swing. They asked for my ID (identification) for recordkeeping purposes. I did not hesitate to give them my ID. And what started as record -keeping purposes, I was later served an arrest affidavit. I was told that in the City of Miami, it is a criminal offense not to have one of these permits. And since I was the one responsible at the moment, at the time of the shift, I would be the one that the arrest affidavit would be served to. On September 20th, I have a court hearing because I am now being charged for a misdemeanor because I was just working at the outdoor center and the police just happened to come and serve me the arrest affidavit. I'm sorry if I do get emotional because it's a little bit traumatic. I've never had any past experience with law enforcement. I have nothing on my record. And to just be doing my job and to be told if I do not sign this, then I will be arrested on a Friday afternoon past 4 o'clock. If I had not signed that form, I would have been processed and who knows when 1 would have been released. Thank you for your time and 1 really do hope you consider working for small family business and making sure that we are able to reopen. Cause I can tell you Commissioners and Honorable Chairwoman, my staff is sitting around here, my staff has been unemployed since August 12th. Thank you. Chair King: Thank you. Good morning. Humberto Gonzalez: Good morning Honorable Chairman [sic] and everybody in attendance my name is Humberto Gonzalez and I've lived in Miami for the entirety of my life, I live on 28th Street in fact. As I've lived here I couldn't help but notice my friends and family struggling with finances and jobs as I grew up. Despite this, my parents always did their best to give me the best upbringing they possibly could, including traveling all over the United States and Europe. Throughout my travels, I've been to national parks not limited to Monument Valley and the Redwood Forest. Virginia Key is just as important as these locations. It drives tourism to those who wish to experience something that isn't completely manufactured, like the Miami Seaquarium right across the street. The Virginia Key Outdoor Center provides this resource where locals and tourists are allowed to rent kayaks and paddle boards to explore the last truly natural part of Miami, where you can float alongside manatees and gaze upon the vast seagrass beds below their watercraft. Not only does the Virginia Key Outdoor Center provide this experience, whether it's a guided one or not, but it provides awareness to the environment around us that we should protect. The children who come to our summer camp are taught to respect nature and appreciate it. Some of them are so adept at finding conch shells and sea urchins to the point where I wonder why they aren't on our payroll. If the Virginia Key Outdoor Center is set to close, it would only allow people to stay uninformed of what's all around us and pave the way for more destruction to the mangroves holding our coastline together, as well as the Sadowski Critical Wildlife Area just west of the island. I ask for the Commission to reconsider this decision that will not only affect the people and the environment, but my livelihood as I'm a former employee of the Virginia Key Outdoor Center Thank you guys. Chair King: Thank you. Good morning. Sara O'Malley: Good morning. My name is Sarah. I'm 21. I'm currently kind of living City of Miami Page 20 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 out of my car right now I'm a full-time EMT. I work overnight on the ambulance and by day I work at a nonprofit called the International Seakeeper Society. We have partnered numerous times with VKOC, which is why I'm here to speak today, because I do have personal connection to it. We do a lot of beach cleanups, a lot of educational outreach. We take high schoolers out on foot in classrooms, on generous yacht donors who volunteer their boats for educational purposes, and VKOC has been awesome in partnering with us for the past few years in doing beach cleanups and educating the public. So -- and I also have a personal connection just going on my own and being there and paddling and kayaking and seeing the beautiful nature that Florida has to offer It is disheartening to me that they've been around for years and the code inspections have just now come up. So 1 kind of am confused and not understanding that. I think VKOC is such a huge asset to not only Virginia Key but the Miami community in general and for economic and tourist purposes. So it makes me very sad to see it shut down. I also am very saddened to see all of these wonderful people that have helped me personally and my organization go out of -- on unemployment, and I really think it would behoove you to, if there were code violations, I wasn't there, I don't know; like help fund that permit that they need or help like subsidize whatever they need to do to get back up and running because they affect so, so many people. I thank you fbr your time today and please reconsider how you're working with Virginia Key. Chair King: Thank you. Good morning. James Torres: Good morning, Madam Chair James Torres, President of DNA (Downtown Neighbors Alliance). We'd like to show support for a couple items. CA.2 and RE.7, which relates to the Miami River Commission, the education awareness programs, and the beautification. And we'd also like to make a side comment to that, that as we're moving forward on the budget items, if we can really consider something along the Marine Patrol, because they do need further assistance on what's going on on the Miami River. And then on a side -side note, we'd like to thank Commissioner Joe Carollo for the MAF situation that's going on in Downtown Miami. The neighbors thank you very much, also the DDA (Downtown Development Authority) as well for the support that's going on with the cleanup and everything with the rules and regulations. Thank you very much. Chair King: Thank you. Good morning. David Chen: Good morning, commissioners. My name is Dr David Chen. I actually had this written thing, but Pm just going to speak from the heart. I'm here to represent two organizations, the Florida Paddling Trails Association and South Florida Paddlers. My life's mission is to help people. I took up kayaking and paddling as a way to help people. It's a wonderful way to enlighten your mind and seek peace. And the events this past month have been groundbreaking and trembling to me. The Florida Paddling Trails Association, its mission is the same as the South Florida Paddlers, to encourage people to go outside and enjoy the outdoors and to preserve our environment. The closure of Virginia Key Outdoor Center has been a death blow to paddling in the Miami area. There's no place like Virginia Key for paddlers. You have a treasure in your backyard that you're about to take away. If you think about Virginia Key and take it away, there is really no place else that you can go out to recreate and enjoy the outdoors as Miami used to be. It will be another developed, inaccessible to the public area. So I seriously ask you to reconsider and please do not develop Virginia Key. Leave it the treasure that it is for the people of this city. You will lose a valuable, wonderful place to recreate. It'll be gone forever You will regret it. The homeless people will not be helped. And this is not the legacy you want to leave. So please reopen Virginia Key Outdoor Center Preserve Virginia Key as a treasure it is. Do not develop it. Do not proceed with this plan. Help the homeless in a more City of Miami Page 21 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 sensible manner Thank you very much. Chair King: Thank you. Good morning. Cortes Maria Lewis James: Good morning. My name is Cortes Maria Lewis James, and I stand here in awe that I even have to come and talk about humanity. Where did you all get the right to make homeless people criminals? To make a decision to dump them in a historically Black area and think that that was okay. I'm angry, I'm hurting, I'm bothered because I'm looking at the Commission and I don't see me. So 1 wonder if nay words are in vain, I wonder if I stand here pleading for humanity. Will you do anything? How do you sleep at night? How do you go home to your spouses and your children knowing that you all collectively, may not be individually, collectively have failed the people of the City of Miami. And you do it collectively over and over and over again. It's inhumane. It's not right. And so I don't plead, I don't beg. I just say do the right thing. Treat people as you would want to be treated. Folks fall on hard times. You have also, you've just had the privilege of the world not seeing it. Thank you. Chair King: Thank you. Good morning. Michelle Hobson: Good morning, all. My name is Michelle Hobson. I'm an avid kayaker, stand-up paddle boarder, mountain biker, and runner. I'm extremely familiar with Virginia Key as 1 have paddled there, run there, beached there, and although I have yet to use the mountain bike trails, I have many friends that do. VKOC was my gateway into kayaking. It is there that I rented my first kayak and enjoyed meeting the manatees for the first time and subsequently joining in on a few sunset paddles. Since then, I have found a love of the sport and have been able to introduce others to VKOC as well. Being a long-distance runner I have also run over Rickenbacker Bridge and into Virginia Key countless times. I'm very aware of the area and the remoteness of it. There is in no way sounds like a good idea to relocate the houseless population. From the proposed site to get to the nearest bus stop is just shy of two miles. That's a 35- minute walk. They will be five miles from the closest grocery store, urgent care center They won't have easy access to necessities or even a job close by. They will be miles from anything. To sum this all up, Virginia Key being a barrier island miles away from any services or city amenities should be kept a local park for all to enjoy the beauty and nature that is so rare these days and should be protected from further development. I urge you to reconsider and let Virginia Key reopen. Thank you. Chair King: Thank you. Good morning. Ann Eubanks: Hi, my name is Ann Eubanks and I'm here to speak about Virginia Key Outdoor Center as well. I just want to reiterate what all the people have said before me. I've lived in Miami a really long time, and I wasn't sure about raising nay family here until I found gems like the Virginia Key Outdoor Center. My family spends most weekends out there. We paddle, we mountain bike. My kids have learned how to mountain bike out there and how to paddle. They go to summer camp out there. The staff there is incredible. They're so helpful. And they work tirelessly to educate us on the environmental issues out there, on things that we can do to help keep Miami cleaner. They protect the coasts, they clean up the beaches. It's a place where the manatees can go, where they're protected, where they have their babies. It is where the sea turtles can lay their nests. This is just a place where we can find peace and quiet in the city. I've seen the Mayor and his son out there renting kayaks and kayaking. I know this is a very important place for many, many families and their kids. We have lots of high-rises. We have lots of overpriced cocktails. Please don't take away more of these green areas and these places where we can be in nature, or you'll start to lose families like mine. Thank you. City of Miami Page 22 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Chair King: Thank you. Good morning. Zachary Spicer: Good morning. My name is Zach Spicer. You might be surprised to hear that I'm here to speak about Virginia Key. And I'd like to echo a lot of previous speakers that this is very saddening that we have to come down here and ask for these people to return to their employment that they've held for many years and not done anything wrong. But 1 had the pleasure of visiting the outdoor center earlier this year My friends and I kayaked alongside manatees, families with children, and the passionate staff members in what was one of the best days of my life. With so few natural spaces left in this county and so few protections against disasters, the plan to close Virginia Key Outdoor Center could not make any less sense. Volunteers with the Outdoor Center maintain a healthy stewardship of the space. Cleaning up plastics and replacing invasive plants with their natural counterparts is just part of the way they encourage a relationship between humans and nature that is not extractive, but rather is restorative and regenerative. Their dedication to the space, their kindness, and their passion is palpable. The last thing that Virginia Key needs is development. The last thing that South Floridians need is development on Virginia Key. As I hope that you know, the ecosystem in Virginia Key is responsible for protecting not only my home, but your home, and the homes of thousands of others in South Florida. My time at the Outdoor Center was unlike anything else I've ever had the pleasure of doing in this city, and I can't imagine any benefit in taking that opportunity away. Chair King: Thank you. Good morning. Valerie Ritter: Good morning. My name is Valerie Ritter, and our family -- Sorry, my name is Valerie and our family discovered Virginia Key around five years ago. And it became our family favorite place since then. You can rent all sorts of adventure gear in there, get a snack, get some water to refill, and shower or sit in the shade and rest and get a snack and talk with your friends about adventures. We have three kids who basically growing up around Virginia Key, we're there almost every weekend. Anytime family or friends come to visit, we take them there. You can rent anything you need for them there. Our kids participate in summer camp there this year and it was the best experience for them. They were very happy every day. Every day they come back and they could not wait for the morning to come back. They learned a lot about outdoors and nature in there and even met some manatees and all sorts of new friends as well. I believe all people, and kids especially, need their time in nature. It's important for their physical and mental health. Virginia Key gives our family and many others the chance to enjoy and explore our wonderful Florida. So please, let's keep the Virginia Key for recreation. Our kids have only one childhood. Thank you. Chair King: Thank you. Good morning. Yanelis Valdes: Good morning. My name is Yanelis Valdes and I'm here to also speak about the Virginia Key Outdoor Center: Like many have said, Virginia Key is a historically Black landmark in our community and it deserves to be protected and preserved. When the plan to move our houseless neighbors to an encampment on the Key was announced, our community immediately spoke out in opposition. Our houseless community also deserves to be protected and cared for Not displaced, especially not to an area that is not equipped to house people. We are already feeling the repercussions of this plan by the closure of the outdoor center, like many have said, a place where families and our community go to enjoy our beautiful ecosystem. It was heartbreaking to see the closure and even more so hearing from staff like Diana and the trauma that this inhumane decision has caused. Developing this area will, without a doubt, harm our environment. And it won't actually do anything to provide support for folks experiencing houselessness. I want to urge this Commission to keep the outdoor center open. It provides such important services in our community. Thank City of Miami Page 23 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 you. Chair King: Thank you. Fernando Vazquez: Good morning, Madam Chairwoman, Commissioners. Thank you for the opportunity to speak. My name is Fernando Vazquez. I am a resident of Key Biscayne, 30-year engineer specifically relating to flood control issues. I wanted to bring up a couple of issues that I saw as side challenges and regulatory inconsistencies that 1 wanted to kind of put out there for you to think about. I find this site inadequate. From the standpoint of its location, we all know it is a flood hazard area. It is qualified as a Zone AE, special flood hazard area, which is highly regulated development of the Florida Emergency Management Agency, and I would like to know what you're all thinking about that. It is also impractical from a construction and building codes, which most of them require to be above the finish floor; above the base flood elevation. So given a contour of five and that area floods up to nine, what are you going to have? You're going to have a six to five feet of difference between the finished floor and where these residents live. I also find it contrary to the Executive Order 11988 under federal government, which requires avoidance to the extent possible for the long and short-term adverse impacts associated with occupancy and modifications of floodplains. And I also like to bring it to your attention, the inconsistency with the City of Miami Virginia Key Master Plan that called for accessible park recreation, protection and enhancement of natural resources, sustainable initiatives and low carbon footprint and integration and preservation for the historic Virginia Key National Park. I'd like to leave that with you. These are some key points that I think we need to take into consideration before we move forward, because otherwise I think we will be setting a terrible precedent out there for any further development. Thank you very much. Chair King: Thank you. Carolina Gutierrez: Good morning. Hi, my name is Caro. Thank you for having me here to speak. I have been a resident of Miami pretty much almost my entire life, and I am here to speak today in opposition of shutting down the Virginia Key Outdoor Center. I think that this place is a gem to our community as you've heard everybody here speak -- say and I wanted to -- sorry. The plan to move forward not only takes away a community space but I just wanted to say that it also commits several human rights violations. I'm not only here as a concerned resident, but also as a human, and I don't see the humanity in this plan. There's a ton of implications that show me where all of your priorities are with this plan, and honestly, it also shows me what your plan for the future of Miami also is. What is really your vision for Miami if you are simply looking to displace the people who need you the most? Your plan not only affects the houses community, we're here to call it what it actually is, an internment camp, and y'all refuse to call it by its proper name for some reason. Not only is a space vital for our community, it's most importantly a historically Black landmark that we're talking about here, and I'm here to tell you that taking that away from our community not only highlights that wealth inequality, it's crushing the people that actually make the city run. A proper solution doesn't include segregation, it doesn't include displacement, it doesn't include putting the people you don't want to see away from eyesight, away from your luxury condos, away from your luxury developments and high-rises. It actually puts opportunities in people's hands. That's what advancement will look like and that's what proper protections would be. You all know that this is inhumane while you all sleep at night in your nice little houses and those who don't have a place to sleep have to be outside in the heat all day. You see all of us here -- Chair King: Thank you. City of Miami Page 24 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Katrina Erwin: Katrina Erwin, I'rn here today to speak on Virginia Key. On August 12th, you all closed down the Virginia Key Outdoor Center, served arrest affidavits, and further increased the unemployment rate in Miami. If the encampment project has been paused, why are you doing this? I understand that some of you believe that what you're doing will benefit the community, but this has actually posed several threats to climate justice. Miami's homeless population is 60% Black, and you're trying to deport them to an island that is difficult to access and house them on a historically segregated beach? Do you all not see the racist undertones of this idea? If we truly want to solve the housing issue in Miami, then we must invest in affordable and permitted housing solutions, not encampments, and ensure these people have access to public transportation and job opportunities, none of which Virginia Key has. Not only will the Virginia Key homeless encampment community fail to help Miami's homeless community, you will be also putting them on the front lines of the climate crisis by housing them on a beach that will be hit firsthand with the impact of extreme weather and sea level rise. Did you plan to have an evacuation route for extreme weather events or will this turn into another Hurricane Katrina situation. Miami is sinking and you are throwing at -risk members of our community right off the boat. Please listen to the advocates here today and stop these initiatives. These people have intensive background knowledge in justice issues and do so much work for Miami's homeless community. If you truly want to help Miami's homeless population, please listen to the people here today and work with us to create real solutions. Thank you. Chair King: Thank you. Good morning. Jonathan Gartrelle: Good morning, thank you for the opportunity to be here. My name is Jonathan Gartrelle. Hi to everybody. Hi, Ken, I remember seeing you at Bands Off Miami. So great to see you here again. So you know I'm not going to say anything that's new We've seen how Virginia Key is important in the present. There are people that live there and work there and families that use it. We've seen how it's important in the past, how it's a historically Black, landmarked island. We've heard from developers and people that talk about climate crisis that this is not a viable plan, that the infrastructure for this is poor. And like wrapping that all together, we've heard that this is kind of segregationist, concentration camp, racial undertones. And it's hard to believe that you couldn't see that. So I would implore you, because you know that Miami is experiencing a ton of growth and a ton of development right now. Everyone's telling you this place doesn't need to be developed. You also have the ability to give in to the possibility of handling this problem in a new way. And there are so many organizations. I'm one of them. I work with one of these organizations that are handling this. I've been working with the homeless community for two years and I've seen various obstacles given by the City, bureaucratic, you know obstacles that are unnecessary, like preventing us from feeding, doing housing schemes, destroying their property. There are new ways to handle this. So I would suggest that you give into the possibility of handling this in a new way instead of deliberate apathy, because this looks like deliberate apathy and it smells of corruption. So thank you. Have a lovely day. Chair King: Thank you. Good morning. Nayshma Jones: Good morning. Thank you for allowing me the ability to speak. I'm Nayshma Jones and here to speak about historic Virginia Key Beach. Only in 1950s and 1960s did Black people get the right to access the beaches that their tax dollars maintained. And now, in another 70 years, due to the climate crisis, there may be no beach to access. Sites like Virginia Key, Eula Johnson and Vaughan D. Minesdale State Park and other historically Black beaches, establishments, landmarks are essential to the cultural fabric here in Florida. So the proposal to create an encampment for the homeless in historically Black Virginia Key Beach, which is City of Miami Page 25 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 comprised of a population of over 60% Black people, is not what we mean by historically black. When we say historically black, we mean black excellence. When we say historically black, we mean the preservation of said history. And frankly, this proposal is a mockery that comes on the heels of the Adopt a Homeless Program asking Miami homeowners to house people on their front lawns. And it also comes on the heels of the affordable housing crisis where $56, 000 a year cannot afford a person in the average one -bedroom home in Miami. You all are at a precarious point of political and social history at this moment and it can go one of two ways. And we hope that Miami is on the side of justice, people over profits, and housing for all. Miami -Dade County and the City of Miami own over hundreds of vacant and underused properties and lots that can be used to create sustainable, efficient, and effective housing, allowing for the development and the positive impact of all social determinants of health for all members of our community. I urge you all to reconsider this proposal and to vote against any proposals that are similar -- Chair King: Thank you. Ms. Jones: -- congruent -- Chair King: Thank you. Ms. Jones: -- or tangential. Thank you. Chair King: Morning. Mistress Mai: Afternoon. My name is Mistress Mai. My pronouns are they/them. I'm the founder of Decrim 305. We work to decriminalize sex work in Miami -Dade County, many of which experience homelessness. And sex work is the only means to which they are able to rise above poverty. As a servant of the Overtown community for two and a half years, 1 don't wait for the City to provide those resources. I put those resources and my team put those -- puts those resources directly into street -based sex workers and houseless individuals' hands. And this Virginia Key Plan would stop that from happening. Every two to three months we get going, we give people resources, we get them to where they need to be, and then you guys come in and you sweep -- you sweep in Overtown and then they have nowhere to go. Down to the trees, you put chains around trees so they can't have shade in the heat. None of you on this council would dare sit outside for five minutes and you would condemn people to sit outside for all that time. It's deplorable. You're holding people hostage. It's absolutely inhumane and you should be ashamed of yourselves. And that's all I got to say. Chair King: Thank you. Good morning. Nicholas Duran: Good morning. My name is Nicholas Duran and I'm here with Transit Alliance Miami. Our office address is 1101 Brickell Avenue. I think I'm speaking for many people here when I say that we don't want to be here fighting this, but here we are. We're here today because it seems that the response from the City of Miami to our housing crisis, to decades of structural violence, inequality, to class and racial discrimination is out of sight, out of mind. However, well-intentioned, this proposal is nothing less than a perpetuation and fomenting of these very injustices. When news first came out about this plan to build a houseless encampment, it was so unpopular that the plan was put on hold. On August 12th, the City sent Code Enforcement to shut down a compliant, contributing business owner and force 17 people out of work. We are putting our most vulnerable residents on flood prone land, miles away from the resources necessary to lift oneself out of poverty. The nearest bus shelter, for example, is over two miles away. You say this is voluntary, but do we honestly expect folks to trudge dangerously across the Rickenbacker Causeway just to City of Miami Page 26 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 get there? What happens to people if and when they refuse? The ordinance should not and cannot move forward. So what we want from you is accountability. We want your compassion. We want your humanity. But most of all, what we want is housing. Please vote no. Thank you. Chair King: Thank you. Good morning. Luna Plaza: Hello. My name is Luna. 1 use she/her pronouns, and I'm a youth community activist. I grew up in Little Havana, and 1 just graduated high school this past June. I'm here to speak as a youth in our community in solidarity with our houseless community. Houselessness is a problem that hurts us all. Houselessness is an unnecessary act of violence and is completely unjust. It is an issue of public health and does not exist as someone else's problem. The issue of houselessness is a responsibility for all of us to solve. In the current world, we have entire communities pushed out of their homes and neighborhoods as wealthy real estate developers come in and forcefully push them out. We have luxury apartments and houses here in Miami that sit empty, built by these same wealthy real estate developers. And these homes sit empty as people sleep on benches and sidewalks. Why are we not filling these empty homes with people? There's no real answer for why this isn't commonly accepted. There's nothing actually stopping us from ensuring that everyone has a roof over their heads and has a bed to sleep in. We need to confront the root of these issues. I'na here to stand firmly against the sweeping and the plan for deportation of our houseless neighbors to Virginia Key. These are our neighbors. These are people who have nowhere else to go and are just trying to find a safe place to sleep and stay. Displacing them to an internment camp is cruel, legally questionable, unconstitutional, and a threat to public health and safety. I wish I did not have to come here. I wish I did not have to be here right now to tell any of you to do your jobs and serve our people. I should not have to tell any of you that we should want people who are unhoused to have access to affordable housing and that displacing houseless people to an island will only make this worse. It is cruel, it is ineffective, and it is endangering public safety, not protecting it. Instead of investing our tax dollars into a ridiculous plan, we should be investing in safe, affordable housing. Chair King: Thank you. Thank you. Good morning. Karen Beber: Good morning. This is a really frustrating process because I have not heard any one person speak in favor of closing the outdoor center or putting the homeless on Virginia Key or developing Virginia Key, yet here we are. Chair King: Could you push the mic closer to you? Ms. Beber: Pardon? Chair King: Push the mic closer to you so we can hear you. Ms. Beber: Yes. Chair King: Thank you. Ms. Beber: Okay. Did you hear what I said? Chair King: I did, but I don't think everybody could. Ms. Beber: Okay. Sorry about that. My name is Karen Beber. I hope you're taking public comments not because you have to by law, but because you want to hear from the people you have been elected to serve. You were elected to take care of the City of Miami Page 27 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 beautiful City of Miami and that is all -encompassing, including the people and the environment. It's no small task to be sure that Miami has one of the most beautiful and fabulous natural environments in the world and it is in no small part why everyone wants to be here. For people's lives, for our lives to be full, among other things, we need fresh open air We need a place to appreciate God's creatures and creations, to play, to explore, to learn, and to enjoy. And this is Virginia Key. It's a gem in an amazing crown that is South Florida. You were elected to lead the way and to be good leaders you need followers, of course. What better example than to lift people up and give opportunity, to leave a legacy that is much more than a bank account. How proud will you be when your children, your grandchildren, their children, and their grandchildren say that you saved Virginia Key. So how can people follow this lead? There are two very important pathways to caring and to good stewardship, and those are education and experience. Education and experience, and these are precisely what the Virginia Key Outdoor Center provides to everyone, to people who elected you, and even to those who did not. To everyone in Miami and everyone who visits our city -- Chair King: Thank you. Ms. Beber: Thank you. Chair King: Thank you. Good morning. Anthony Boatwright.: Good morning. My name is Anthony Boatwright and 1 represent southwest -- Mr Hannon: Sir. Mr Boatwright: -- Miami -Dade. Mr Hannon: Sir Mr Boatwright: I'm sorry. I'm here to say I'm from a city where dope represents more opportunity than hope. You are supposed to be the hope. Each and every one of you, I'm pretty sure, was appointed by someone that believed in what you told them. I just want to know when that decision was made to oust these people, who shook whose hand? Who thought that was a good idea? When that person said we should get these people away from society. How could you look in each other's faces and make that decision? I represent 47 years of lost opportunity and false hopes. Dope is providing more opportunity than hope. And that's ridiculous. Thank you. Chair King: Thank you. Good morning. David Peery: Good morning. I'm here to speak on Virginia Key. My name is David Peery. I am the founder executive director of the Miami Coalition to Advance Racial Equity. And excuse me my voice is a little hoarse because I was yelling outside. And I hope you heard us. As I said, I'm here to speak about Virginia Key. I'm not going to repeat the arguments that everyone has made. As you know, the opposition is overwhelming. Overwhelming. Okay? And not just locally, internationally. I got contacted last week by a reporter for BBC who was very much interested in this idea of deporting the homeless to an island. Miami is becoming an international embarrassment. So I'm not here to beat up on you guys. What I would like to do is ask you to show some leadership, to step up and show some real leadership in making Miami into a world -class city. You cannot arrest your way out of homelessness. You cannot keep beating up the homeless, thinking that you can just correct them. I have been homeless. I have slept on the streets of Miami. I slept underneath the Brickell Bridge, the Miami Bridge, for two years. I know what it's like to be homeless, and City of Miami Page 28 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 homelessness is not a choice. Why do you think that 60% of the homeless is Black, which is three times more than general population? And it's not because that Black people are three times more likely to be drug addicts, mentally ill, or lazy. No, it's the system that's broken, not the people. You need to please, I urge you, step up. Stop blaming the victims of poverty who are condemned to sleep on our city streets. Enact housing first policies, permanent supportive housing. This is fiscally irresponsible. You're wasting money. You are not going to solve homelessness by beating up the people, isolating them, arresting them, or criminalizing them. Thank you. Chair King: Thank you. Good morning. Noel Cleland: Good morning. My name is Noel Cleland. I'm here representing Sierra Club Miami. I'm the chairperson of our group. And I'm just going to state the obvious, and that is that Virginia Key is a jewel for South Florida. We all realize that. And one of the reasons it's a jewel is because it's one of the few places that remains undeveloped, and it has remained that way through decades of development around it. And it's a place where people can go as a refuge to see what Miami used to look like before all the development happened. And it's up to you to think about the future and think about the vision that conies along with -- with doing the right thing. And I would use as an analogy, New York City. I think everybody's heard of Central Park, even if you haven't been there. That piece of land is worth immense amount of money, but yet the people in New York City would never think of developing it because it's too important. It's a green space. We need to protect the green space in Miami, and that's one of the few places left that we have to do that. Thank you. Chair King: Thank you. Good morning. Kat Duesterhaus: Good morning. My name is Kat Duesterhaus. I'm a board member of Florida's National Organization for Women. And I'm here today because we are in a housing crisis, as everybody knows, but that crisis hits most hard people that are currently unhoused. And this crisis is driven by the fact that the basic principles of Housing First are not being followed. I could not identify a single item on the Housing First checklist from the United States Interagency Council on Homelessness that Miami is practicing. The lack of permanent and supportive housing for our most vulnerable population and the barriers to accessing any services at all is unfathomable, especially when the data proves providing permanent housing is the only effective method to reducing homeless recidivism and is more cost effective as compared to providing any other services, as well as the cost to communities at large. As stated in the 2020 study, Housing the Homeless by E. Cohen, "Housing assistance programs for the homeless can indeed reduce recidivism to homelessness in addition to improving other economic and social outcomes that contribute to improved likelihood of successful rehabilitation and reintegration to society" The same study confirms the estimated impact among individuals in temporary housing programs is no different from receiving no housing assistance at all. So we need permanent and supportive housing services. I also wish to bring to your attention as a representative from the National Organization for Women that putting women in a tiny village on an island in an internment camp is not what they need. They need permanent and supportive housing. Women need permanent and supportive housing. We need to get people off the streets and into homes. It's that simple, not to an island. Thank you. Chair King: Thank you. Good morning. William Diaz: Hi, my name is William. I'm just a guy. The thing with housing is I always say this to all my young people, and all my young people know this, I am one broken leg from being homeless, and I feel like that's what we need to tell you guys. Like this AC, this is nice, cool AC y'all got here. Y'all have some rich people up in City of Miami Page 29 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 here. I don't have that. I'm very close to being homeless right now I got -- if I gave you all the money I had in my pocket, you guys would owe me $47. So what I'm trying to say is I'm trying to protect people that are like me and that can end up being homeless. I don't want to go to Virginia Key, guys. There's nothing around there, guys. There's no grocery stores. There's no hospitals. There's no nothing. There's no bathroom. Like, I'm a big guy, you know, like, I'm supposed to walk all over a bridge to go to the bathroom or go to the hospital, you know, like, that's not fair. I feel like we need to, like, house these homeless people. There's so many empty apartment buildings that no one can afford. You know there's so many apartment buildings that nobody can afford. We need to be better for our homeless community and we need to like do the right thing here, guys. Thankyou, thank you very much. Chair King: Thankyou. Good morning. Leonel Frage: Good morning. Yeah, my name is Leonel Frage. Being a former homeless, I went to Camillus house. So I know how it is when you're homeless, how painful it is. And I'm on the board of Camilla's house called CAB, Consumer Advisory Board, so we work with the homeless, pick them up, get them health care, motivate the homeless. We have a program called Lazaro program (UNINTELLIGIBLE) we pick them up and then we give them the help of life. But for me, the project of how do you call it, Key Biscayne , Key Virginia [sic] 1 don't think that's a good one for the homeless. Because from what 1 heard, it's a little island by itself. They don't have no resources, no market to shopping, no health care around. So for me, I just come in here and be I was speaking for the minority. I don't think that's a good idea. Maybe you could come in here with a better one. That's what I want to say. Chair King: Thank you. Good morning. Lorena Delgado: Good morning. My name is Lorena Delgado. As a lifelong resident of the City of Miami, I have bared witness to the many issues that our houseless population face. And while the intention of this program may have been good, and the action for the homelessness crisis is long overdue, the displacement of our houseless population to an island riddled with insects, isolated, miles away from hospitals, away from society, is nothing short of cruel and not to mention unsafe. This will not solve the problem and this location is entirely unsuitable for this project. As an ecological treasure that the people in Miami have enjoyed for years. I urge you to vote no and stop the development of this encampment on Virginia Key. Thankyou. Chair King: Thank you. Good morning, sir Frank Fernandez: Good morning, well, good afternoon -- good morning, and thank you very much for the opportunity. My name is Frank Fernandez. I've lived in this community since 1962. Went to Auburndale Elementary School, Shenandoah Junior, graduated from Miami Senior High. I am here to tell you that Virginia Key, over the past seven years, has been the gateway for the citizens of Miami, Miami -Dade County, from all over the country and all over the world to enjoy the City of Miami in a way that they are never able to see in any other way. The vantage point that you get from Virginia Key is second to none. I've hosted tours to Virginia Key Outdoor Center there, manatee tours, moon -- full moon tours. I actually conducted the last full moon tour out of Virginia Key Outdoor Center before the center was shut down by seven uniformed City of Miami police officers while there were children on the premises. That is reprehensible. By the way, I just received a link from National Public Radio. This has become a national issue right now. It was broadcast on National Public Radio within the last couple of days. I urge you to reconsider the plan. Other people much more qualified than I am have already spoken regarding the lack of merit of the plan to banish the homeless or the -- the houseless people to an internment camp on City of Miami Page 30 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 an island. That --that is just not -- not sustainable. I urge you to continue to work with Virginia Key Outdoor Center and to keep the center open. Thank you. Chair King: Thank you. Stacey Stokes: Hi. My name is Stacey Stokes. I've lived in the city of Miami for 25 years. 1've been sailing at the Virginia Key Beach for close to 40 years. Over those years, 1've seen developers try to move into the Virginia Key area over by where the outdoor center is and failed. So 1 think all of knew that this proposition was going to be a tremendous failure. There is no aspect of -- there's no positive aspect that has been mentioned anywhere about why in the world you would want to put homeless people on an island. I noticed about, I don't know, maybe it was five, seven years ago when Esther started the Outdoor Center I said, wow, somebody is really developing a great recreational area here. This is so unique. I was not surprised to hear about the Code Enforcement. I was not surprised to hear about Commission meetings moving and I couldn't find an agenda for today. I wasn't surprised at that either I wouldn't be surprised if there was never an intention to put homeless people there at all. In fact, to move the homeless there and later move them out or never build it at all but let a developer come in, that seems to me a more likely scenario. Virginia Key is the one and only truly natural, accessible water access in the City of Miami. In a place where there's virtually no nature at all, why on earth would anybody propose to take that away? It will absolutely impact the sailors. It will absolutely impact the bicycles. And I want to point out, if nobody else has, that there's a petition over this that's now beyond 17,000 people. That's like one of the biggest petitions online ever. Not ever, but in the -- in that petition thing. You know it's not like anybody's not looking. So please allow this woman to put her business back. It was clearly doing well. Chair King: Thank you. Ms. Stokes: Thank you. Thank you for listening. Chair King: Good morning. Elvis Cruz: Good morning, Commissioner. If I could get the control people to plug my computer into the video screen. Chair King: Which item are you speaking on, Elvis? Mr Cruz: I'm sorry? Chair King: Which item are you speaking on? Mr Cruz: I was gonna -- I'm gonna speak briefly because it got deferred on the Sable Palm Village SAP PZ -- Chair King: But that's not before us. Mr Cruz: I know, I just, I'm just going to take like 20 seconds. Chair King: Okay. Mr Cruz: It may be my personal record for my shortest presentation. Chair King: Okay. Mr Cruz: So very briefly, I wanted the Commissioners to be aware that Miami 21 City of Miami Page 31 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 requires SAPs to he in scale with the character and surrounding of the area. And this is what they're proposing. Just take a good long look at it. This is clearly out of scale and character. 20 stories, an enormous, enormous project. And it would demolish over 500 units of affordable housing. Like I said, I'm just gonna keep it short and sweet today. Thank you so much for indefinitely deferring it. I hope it never; ever comes back. And lastly, I wanted to mention CA.6, I spoke about this last meeting. I'm hoping that this CA.6, as part of this, that you can put the seawall at the shoreline in Morningside Park, as they do at other city parks, and preserve that wonderful recreational green space. Thank you. Chair King: Thank you. Good morning. Marianna Cuervo: Good morning. My name is Marianna Cuervo and I wanted to reiterate what everybody has said so far in terms of the value of the spot for -- in Virginia Key, for the homeless. So there are experts there that don't support it and many people are opposed to that. Despite what they really need, you cannot be homeless and expect to be brought re -- into society and live without kitchens, bathrooms, air conditioning. That is the basic right that they need. And that you're going to do this and take away fromyour residents our opportunity to have a central park, access to nature, to be able to have a group that manages fbr how many years to take people kayaking, eco tours, appreciate the environment that we have there, preserve it. They have taken that on and they give us a wonderfid service. So even if you put this on delay, why don't you sort out the problem that you -- whatever they issue they have, that they apparently have had for many years, sort that out. Let them continue their work. Let the community have the services that they enjoy and the access to water and nature. And I beg you to preserve the park. And it is not an individual thing. To say its not part of the historical part of the park, it's an entirety. The same way that Commissioner Portilla said he wanted any specific site to take into account the environment, this environment is precious. You will never be able to replace it. And I don't think that you'll be able to replace the Virginia Key Outdoor Center and the people that have been running that. Thank you very much and 1 appreciate your reconsidering. And I don't think that this is the last you'll hear from the community about this. Chair King: Thank you. Good morning. Steven Rocha: Good morning I don't know if it's -- so let's cut to the chase. It is a violation of the very concept of justice to tear the houseless out of our community and exile them to an island with little in the way of infrastructure. Time after time, cities decide that they don't want to deal with those who are marginalized, people who are traumatized, abused, and told consistently that they are a nuisance and not human beings. Out of sight and out of mind doesn't solve the problem, it just affirms a comfortable lie that everything is fine. If you do this, those that come after us will curse you when you are safe in your graves. They will see a lack of compassion, of humanity in their history books. Another chapter in a story of cold calculations made for political expediency and profit. Do the right thing throughout this measure. Chair King: Thank you. Mr. Hannon: Chair, I'm sorry if I get the speaker's name. I'm sorry. Mr Rocha: My name is Steven Rocha. Thank you. Chair King: Thank you. Esther Alonso: Good morning. City of Miami Page 32 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Chair King: Good morning. Ms. Alonso: Good morning. I have a presentation, but should I wait for that until later? Chair King: No, go ahead. Ms. Alonso: Do it now? Okay. Chair King: IT (Information Technology) is coming to help you. Ms. Alonso: Pardon me? Chair King: IT is going to come and help you. Commissioner Reyes: Madam Chair Chair King: Yes? Commissioner Reyes: She's -- you have a presentation that is going to be only two minutes? Ms. Alonso: No, no, I thoughtl had 10. Commissioner Reyes: You see that's what I -- and I -- that -- I mean I'm -- I had the suspicion that it was going to be more than two minutes. What I want to ask is that when the discussion item comes in, provide the -- her with the opportunity -- Chair King: To do the presentation. Commissioner Reyes: -- to do the presentation. Chair King: Okay. You can do it when your item -- when the discussion item comes up about the Virginia Key Outdoor Center. Ms. Alonso: Okay, so I'll wait for now. Chair King: You'll wait for now. Ms. Alonso: Thank you. Chair King: So that will conclude the public comment portion of this meeting. Thank you all for coming and sharing with us your views. City of Miami Page 33 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 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. END OF MAYORAL VETO(ES) City, of Miami Page 34 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla CA.1 RESOLUTION 12403 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING FOUR (4) RIGHT-OF-WAY DEEDS AND ONE (1) QUIT CLAIM RIGHT-OF-WAY DEED OF DEDICATION ("DEEDS") FOR THE PROPERTIES DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR RIGHT-OF- WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN A COPY OF THE DEEDS. ENACTMENT NUMBER: R-22-0323 This matter was ADOPTED on the Consent Agenda. Chair King: At this time, we will take up our consent agenda. Do I have a motion to move -- Commissioner Reyes: Move it. Chair King: -- 1, CA.1, CA.2, CA.4, 5, 6, 7, 8, 9, 10, 11, and 12? Commissioner Reyes: Move it. Chair King: Do I have a second? All in -- Todd B. Hannon (City Clerk): Chair, my apologies just for the record. CA.6 needs to be amended on the floor. Do you want me to read the amendment or is it okay just to indicate that it needs to be amended on the floor? Chair King: You can go ahead and read the amendment. Mr Hannon: It is being amended to reflect the total funding awarded for the projects in 2021, 22 and total funding awarded for resilient Florida grant program in 21-22 and 22-23. Chair King: Okay, thank you. Mr. Hannon: And CA.10. CA.10, the exhibit is being substituted and the official results and certificate of the Miami -Dade County Canvassing Board are being entered into the record as backup documents. Chair King: Okay. So, I have a motion. Do I have a second? All in favor to move the City of Miami Page 35 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 consent agendas? The Commission (Collectively): Aye. Chair King: Motion passes. CA.2 RESOLUTION 12324 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE MIAMI RIVER FUND, INC., THE FINANCIAL AGENCY FOR THE MIAMI RIVER COMMISSION, PURSUANT TO SECTION 18-298(6) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TO ALLOW FOR THE CONTINUATION OF EDUCATIONAL AND AWARENESS PROGRAMS AS IT RELATES TO THE CLEANLINESS AND MAINTENANCE OF THE MIAMI RIVER FOR THE CITY OF MIAMI ("CITY") DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("RPW") FOR A PERIOD OF THREE (3) YEARS ON A CONTRACTUAL BASIS, AT AN ESTIMATED YEARLY AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00); ALLOCATING FUNDS FROM THE RPW STORMWATER UTILITY FUND ACCOUNT NO. 00001.208000.531000.0000.00000, SUBJECT TO THE AVAILABILITY OF FUNDS AND PRIOR BUDGETARY APPROVAL; 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 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-22-0324 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see Item Number CA.1 and "Public Comments for all Item(s)." City of Miami Page 36 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 CA.3 RESOLUTION - Item Pulled from Consent 12252 Department of Parks and Recreation A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DESIGNATING PLAYGROUND AREAS WITHIN CERTAIN CITY PARKS, AS FURTHER DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, AS CHILDREN PLAY AREAS PURSUANT TO SECTION 38-77 OF THE CODE OF CITY OF MIAMI, FLORIDA, AS AMENDED; DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO IMPLEMENT THIS RESOLUTION. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: Item CA.3 was continued to the October 13, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number CA.3, please see "Order of the Day." CA.4 RESOLUTION 12477 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN ADDENDUM TO THE AGREEMENT FOR WATER AND SANITARY SEWER FACILITIES AND A UNITY OF TITLE AGREEMENT ("ADDENDUM") BY AND BETWEEN MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT("WASD") AND THE CITY OF MIAMI ("CITY") FOR THE PROVISION OF WATER AND SEWER SERVICES TO A CITY OWNED PROPERTY LEASED TO ESJ JI LEASEHOLD, LLC ("TENANT");SETTING FORTH THE OBLIGATIONS TOWARDS THE COMPLETION OF THE TENANT'S FACILITY LOCATED AT APPROXIMATELY 1111 MACARTHUR CAUSEWAY AT WATSON ISLAND ("PROPERTY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID ADDENDUM. ENACTMENT NUMBER: R-22-0325 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.4, please see Item Number CA.1. City of Miami Page 37 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 CA.5 RESOLUTION 12339 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT, BUDGET, ALLOCATE, AND APPROPRIATE TWO (2) COMMUNITY DEVELOPMENT BLOCK GRANT — MITIGATION ("CDBG - MIT") GRANT AWARDS FROM THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY ("FDEO") REBUILD FLORIDA MITIGATION GENERAL INFRASTRUCTURE PROGRAM IN AN AMOUNT NOT TO EXCEED EIGHTEEN MILLION FOUR HUNDRED FORTY-SEVEN THOUSAND FOUR HUNDRED THIRTY-NINE DOLLARS ($18,447,439.00) AND AN AMOUNT NOT TO EXCEED NINETEEN MILLION EIGHT HUNDRED FIFTY-NINE THOUSAND NINE HUNDRED SEVENTY- SEVEN DOLLARS ($19,859,977.00) FOR A TOTAL AMOUNT NOT TO EXCEED THIRTY-EIGHT MILLION THREE HUNDRED SEVEN THOUSAND FOUR HUNDRED SIXTEEN DOLLARS ($38,307,416.00)("GRANT FUNDS") AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED HEREIN FOR RESILIENCE ACTIVITIES ("PURPOSE"); ESTABLISHING A NEW CAPITAL FUND PROJECT AND APPROPRIATING THE GRANT FUNDS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING BUT NOT LIMITED TO, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE OF THE GRANT FUNDS, ADMINISTRATION, IMPLEMENTATION AND COMPLIANCE OF ALL APPLICABLE LAWS, RULES, AND REGULATIONS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0326 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.5, please see Item Number CA.1. City of Miami Page 38 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 CA.6 RESOLUTION 12338 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT, BUDGET, ALLOCATE, AND APPROPRIATE FUNDS FROM FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") RESILIENT FLORIDA GRANT PROGRAM FOR 2021 — 2022 IN AN AMOUNT NOT TO EXCEED NINETY- THREE MILLION NINE HUNDRED NINETY-TWO THOUSAND ONE HUNDRED FORTY-EIGHT DOLLARS ($93,992,148.00) & 2022 — 2023 IN AN AMOUNT NOT TO EXCEED NINETEEN MILLION FOUR HUNDRED THIRTY-ONE THOUSAND FIVE HUNDRED TWO DOLLARS ($19,431,502.00) FORA TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED THIRTEEN MILLION FOUR HUNDRED TWENTY-THREE THOUSAND SIX HUNDRED FIFTY DOLLARS ($113,423,650.00) ("GRANT FUNDS") AS SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED HEREIN, FOR FLOODING AND RESILIENCE ACTIVITIES ("PURPOSE"); ESTABLISHING A NEW CAPITAL FUND PROJECT AND APPROPRIATING THE GRANT FUNDS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING BUT NOT LIMITED TO, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE OF THE GRANT FUNDS, ADMINISTRATION, IMPLEMENTATION AND COMPLIANCE OF ALL APPLICABLE LAWS, RULES, AND REGULATIONS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0327 This matter was ADOPTED WITH MODIFICATION(S) on the Consent Agenda. Note for the record: For minutes referencing Item Number CA.6, please see Item Number CA.1 and "Public Comments for all Item(s)." City of Miami Page 39 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 CA.7 RESOLUTION 12277 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF CHERYL CASON, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $30,100.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $30,000.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-22-0328 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.7, please see Item Number CA.1. CA.8 RESOLUTION 12331 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF DANIEL RICHARDS, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $45,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $44,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-22-0329 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.8, please see Item Number CA.1. City of Miami Page 40 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 CA.9 12058 Office of the City Attorney CA.10 12408 Office of the City Clerk CA.11 12444 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY EDALYS ROJAS BONILLA, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $170,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED EDALYS ROJAS BONILLA VS. CITY OF MIAMI, PENDING IN THE ELEVENTH JUDICIAL CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY FLORIDA, CASE NO. 20-018341-CA, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOE NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. ENACTMENT NUMBER: R-22-0330 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.9, please see Item Number CA.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), OFFICIALLY ACKNOWLEDGING THE CITY CLERK'S CERTIFICATION OF THE CANVASS AND DECLARATION OF RESULTS OF THE CITY OF MIAMI SPECIAL ELECTION HELD ON AUGUST 23, 2022. ENACTMENT NUMBER: R-22-0331 This matter was ADOPTED WITH MODIFICATION(S)on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.10, please see Item Number CA.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHWEST 1ST COURT BETWEEN NORTHWEST 5TH STREET AND 8TH STREET MIAMI, FLORIDA, AS "LIGHTBOURNE PLACE"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. ENACTMENT NUMBER: R-22-0332 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.11, please see Item Number CA.1. City of Miami Page 41 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 CA.12 RESOLUTION 12487 Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING AND APPROPRIATING ADDITIONAL FUNDS TO BE PLACED IN THE SPECIAL REVENUE PROJECT TITLED "2022 MIAMI HOMELESS ASSISTANCE PROGRAM CHALLENGE GRANT" IN AN AMOUNT NOT TO EXCEED TWENTY ONE THOUSAND EIGHT HUNDRED SEVENTY-EIGHT DOLLARS AND TWENTY TWO CENTS ($21,878.22) ("GRANT AWARD") CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES ("DCF") THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST ("TRUST") FOR A TWELVE-MONTH PERIOD TO ENHANCE THE HOMELESS HELPLINE AND OUTREACH SERVICES PROVIDED TO HOMELESS INDIVIDUALS AND FAMILIES IN MIAMI-DADE COUNTY ("PURPOSE"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND ANY AND ALL OTHER RELATED DOCUMENTS, EXTENSIONS, AND RENEWALS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ALLOCATION OF SAID GRANT AWARD. ENACTMENT NUMBER: R-22-0333 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.12, please see Item Number CA.1. END OF CONSENT AGENDA City of Miami Page 42 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 PH - PUBLIC HEARINGS PH.1 RESOLUTION 12052 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE NEGOTIATION AND EXECUTION OF A PROFESSIONAL MANAGEMENT SERVICES AGREEMENT WITH MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION ("MLKEDC"), FOR THE CITY OF MIAMI-OWNED PROPERTIES LOCATED AT 750 AND 754 NORTHWEST 70 STREET, MIAMI, FLORIDA, 33150, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.1, please see "Order of the Day" and "Public Comments for all Item(s)." PH.2 RESOLUTION 12310 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACCEPTANCE OF STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") FUNDS IN THE AMOUNT OF $2,747,908.00 FOR FISCAL YEAR 2022-2023 FOR THE STRATEGIES UNDER THE CURRENT SHIP LOCAL HOUSING ASSISTANCE PLAN; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0334 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Chair King: We are on the public hearing items. Do I have a motion to move the public hearing items? Commissioner Russell: So moved. City of Miami Page 43 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Vice Chair Carollo: Second. Chair King: So I have a second. So we're -- Todd B. Hannon (City Clerk): Chair, I apologize. PH.5 needs to be amended. I believe it's a hyphenated last name that needs to be added. Chair King: Do you -- are you -- do you know for sure? Unidentified Speaker: Yes. Chair King: Okay. As amended. Commissioner Reyes: As amended. Chair King: So, we will be moving PH.2, 3, 4, 5, 6, and 7. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. PH (Public Hearing) items have been moved. PH.3 RESOLUTION 12309 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACCEPTANCE OF ADDITIONAL STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") PROGRAM FUNDS IN THE AMOUNT OF $75,145.00 FOR FISCAL YEAR 2021- 2022 FOR THE STRATEGIES UNDER THE CURRENT SHIP LOCAL HOUSING ASSISTANCE PLAN; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0335 MOTION TO: Adopt RESULT: ADOPTED 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 minutes referencing Item Number PH.3, please see Item Number PH.2. City of Miami Page 44 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 PH.4 12335 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZING THE PURCHASE OF FIVE (5) SA30820SBL-LE SNIPER RIFLES WITH ACCESSORIES FROM MILE HIGH SHOOTING ACCESSORIES, LLC , FOR THE CITY OF MIAMI'S POLICE DEPARTMENT ("MPD"), FOR THE APPROXIMATE PRICE OF THIRTY-SIX THOUSAND NINE HUNDRED EIGHTY SEVEN DOLLARS AND SEVENTY CENTS ($36,987.70), ALLOCATING FUNDS FROM MPD'S GENERAL FUND ACCOUNT NO. 00001.191501.667000.0.0, AND OTHER SOURCES OF FUNDS; 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, AND COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0336 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note fir the Record: For minutes referencing Item Number PH.4, please see Item Number PH.2. City of Miami Page 45 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 PH.5 RESOLUTION 12414 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, CODESIGNATING THAT PORTION OF NORTHWEST 7TH STREET ROAD FROM NORTH RIVER DRIVE TO NORTHWEST 9TH COURT, MIAMI, FLORIDA AS "RUTH GREENFIELD WAY"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. ENACTMENT NUMBER: R-22-0337 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) 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 minutes referencing Item Number PH.5, please see Item Number PH.2, "Order of the Day" and "Public Comments for allltem(s)." City of Miami Page 46 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 PH.6 RESOLUTION 12452 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE AND AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18- 85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AND APPROPRIATING FUNDS FROM THE DISTRICT 5 COMMISSIONER'S DISCRETIONARY FUND ("DISTRICT 5 FUNDS"), IN AN AMOUNT NOT TO EXCEED TWO HUNDRED TEN THOUSAND DOLLARS ($210,000.00) TO THE MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION ("MLK EDC"), FOR ITS KITCHEN INCUBATOR PROGRAM, AND FURTHER ALLOCATING AND APPROPRIATING DISTRICT 5 FUNDS IN AN AMOUNT NOT TO EXCEED NINETY THOUSAND DOLLARS ($90,000.00) TO THE FOUNDATION OF COMMUNITY ASSISTANCE AND LEADERSHIP, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("FOCAL"), FOR THE FOCAL MOORE PARK LEARNING CENTER; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, GRANT AGREEMENTS, AMENDMENTS, MODIFICATIONS, AND EXTENSIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE ORGANIZATIONS STATED HEREIN FOR THE PURPOSES STATED HEREIN. ENACTMENT NUMBER: R-22-0338 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note fir the Record: For minutes referencing Item Number PH.6, please see Item Number PH.2 and "Public Comments for all Item (s). " City of Miami Page 47 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 PH.7 RESOLUTION 12482 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS AND RECOMMENDATION, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AND APPROPRIATING AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS, ON A REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS ($200,000.00) ("GRANT") TO THE OVERTOWN YOUTH CENTER, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("OYC"), FOR ITS STEM TALENT FOR MIAMI PROJECT, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH OYC AND ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0339 MOTION TO: Adopt RESULT: ADOPTED 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 minutes referencing Item Number PH.7, please see Item Number PH.2, "Order of the Day" and "Public Comments for all Item(s)." END OF PUBLIC HEARINGS City of Miami Page 48 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 RE - RESOLUTIONS RE.1 RESOLUTION 12453 Department of Human Resources A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING THE AMENDMENT TO ARTICLE 52.9, TITLED "PENSION", OF THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE MIAMI GENERAL EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES LOCAL 1907, AFL-CIO, IN EFFECT FOR THE PERIOD OF OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2023. ENACTMENT NUMBER: R-22-0340 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Chair King: We are now on the resolution items. Do I have a motion to move the resolution items? Commissioner Russell: So moved. Commissioner Reyes: Second. Chair King: Okay. So I have a motion and a second to move items RE.1, 2, 3, 4, 5, 7, 8, and 9. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 49 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 RE.2 12366 Office of Communications RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING ADVANTAGEOUS OR PRACTICABLE FOR THE CITY OF MIAMI ("CITY") FOR THE EMERGENCY PURCHASE OF PERFORMANCE LIGHTING UPGRADE EQUIPMENT AND INSTALLATION AT THE CITY HALL COMMISSION CHAMBERS FROM PRO SOUND, INC. D/B/A MIAMI STAGECRAFT, A FLORIDA PROFIT CORPORATION ("PRO SOUND"), FOR THE CITY'S DEPARTMENT OF COMMUNICATIONS ("COMMUNICATIONS") FOR AN ESTIMATED EXPENDITURE AMOUNT OF EIGHTY NINE THOUSAND SEVEN HUNDRED EIGHTY SEVEN DOLLARS AND NINETY THREE CENTS ($89,787.93); ALLOCATING FUNDS FROM COMMUNICATIONS ACCOUNT NO. 31000.381000.670000.0000.00000 AND SUCH OTHER FUNDING SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, 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-22-0341 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.2, please see Item Number RE.1. City of Miami Page 50 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 RE.3 RESOLUTION 12462 Liberty City Community Revitalization Trust A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE THIRD SUPPLEMENTAL BUDGET OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST, ATTACHED AND INCORPORATED AS EXHIBIT "G," IN THE AMOUNT OF ONE MILLION, ONE HUNDRED NINETEEN THOUSAND, ONE HUNDRED SIXTY-NINE DOLLARS ($1,119,169.00), FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2021, AND ENDING SEPTEMBER 30, 2022. ENACTMENT NUMBER: R-22-0342 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.3, please see Item Number RE.1, "Order of the Day" and "Public Comments for allltem(s)." RE.4 RESOLUTION 12251 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND , A COMPANY, ("USER"), WHEREBY THE CITY GRANTS USER TEMPORARY ACCESS RIGHTS TO USE A PORTION OF THE CITY -OWNED MARINE STADIUM PARKING LOT LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, 33149, ("PROPERTY"), FOR THE PURPOSE OF PREMIER PADEL P1 EVENT ("EVENT") IN ACCORDANCE WITH REQUIREMENTS SET FORTH IN SECTION 53-53 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH ADDITIONAL TERMS AND CONDITIONS AS SET FORTH IN THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes City of Miami Page 51 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 RE.4 RESOLUTION 12251 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND , A COMPANY, ("USER"), WHEREBY THE CITY GRANTS USER TEMPORARY ACCESS RIGHTS TO USE A PORTION OF THE CITY -OWNED MARINE STADIUM PARKING LOT LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, 33149, ("PROPERTY"), FOR THE PURPOSE OF PREMIER PADEL P1 EVENT ("EVENT") IN ACCORDANCE WITH REQUIREMENTS SET FORTH IN SECTION 53-53 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH ADDITIONAL TERMS AND CONDITIONS AS SET FORTH IN THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes City of Miami Page 52 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 RE.4 RESOLUTION 12251 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND , A COMPANY, ("USER"), WHEREBY THE CITY GRANTS USER TEMPORARY ACCESS RIGHTS TO USE A PORTION OF THE CITY -OWNED MARINE STADIUM PARKING LOT LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, 33149, ("PROPERTY"), FOR THE PURPOSE OF PREMIER PADEL P1 EVENT ("EVENT") IN ACCORDANCE WITH REQUIREMENTS SET FORTH IN SECTION 53-53 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH ADDITIONAL TERMS AND CONDITIONS AS SET FORTH IN THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For additional minutes referencing Item Number RE.4, please see Item Number RE.1. Commissioner Diaz de la Portilla: Madam Chair. Chair King: Yes sir Commissioner Diaz de la Portilla: I would like to reconsider RE.4. Chair King: Reconsider RE.4? Commissioner Diaz de la Portilla: And then after we reconsider it to defer indefinitely. We passed it accidentally, it got by us in our haste. Chair King: Okay. Commissioner Diaz de la Portilla: In our haste. Chair King: So is there a motion to reconsider RE.4? Commissioner Russell: So moved. Chair King: All in favor to -- Todd B. Hannon (City Clerk): So there was a motion -- I'm sorry, there was a motion to reconsider by Commissioner Diaz de la Portilla -- City of Miami Page 53 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Commissioner Reyes: I move it. Mr Hannon: -- seconded by Commissioner Reyes. Chair King: All in favor to defer RE.4? Mr Hannon: No, that's just to reconsider Commissioner Diaz de la Portilla: To reconsider. Chair King: To reconsider RE.4. The Commission (Collectively): Aye. Commissioner Diaz de la Portilla: I now move to defer RE.4 indefinitely. Commissioner Reyes: Aye, sir -- well yeah. Commissioner Russell: Second. Chair King: Second. All in favor? The Commission (Collectively): Aye. Chair King: RE.4 has been indefinitely, deferred. Commissioner Reyes: Okay. RE.5 RESOLUTION 12439 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHWEST 16 STREET ROAD BETWEEN 27th AVENUE AND 24TH AVENUE, MIAMI, FLORIDA, AS "MANUEL BALADO AVENUE"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. ENACTMENT NUMBER: R-22-0343 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.5, please see Item Number RE.1 and "Order of the Day." City of Miami Page 54 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 RE.6 RESOLUTION 11033 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND AUTHORIZING THE RATIFICATION OF THE SECOND AMENDMENT TO THE 1996 INTERLOCAL COOPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM ("2020 SECOND AMENDMENT ILA"), BETWEEN MIAMI-DADE COUNTY ("COUNTY"), THE CITY OF MIAMI ("CITY"), AND THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA") IN ORDER TO EXTEND THE LIFE OF THE OMNI CRA TO 2047; AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2020 SECOND AMENDMENT ILA AND TAKE ANY AND ALL NECESSARY ACTIONS CONSISTENT WITH THIS RESOLUTION; FURTHER DIRECTING THE CITY MANAGER TO WORK WITH THE EXECUTIVE DIRECTOR OF THE OMNI CRA TO ENSURE A COPY OF THE 2020 SECOND AMENDMENT ILA IS TRANSMITTED TO THE COUNTY FOR REVIEW, APPROVAL, AND ACCEPTANCE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, 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 and "Order of the Day." City of Miami Page 55 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 RE.7 RESOLUTION 12113 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI RIVER FUND, INC., A FLORIDA NOT -FOR -PROFIT 501(C)(3) ORGANIZATION, AS THE FINANCIAL AGENCY FOR THE MIAMI RIVER COMMISSION, TO PROVIDE LITTER AND DEBRIS PICKUP AND OTHER SERVICES TO BEAUTIFY THE BANKS OF THE MIAMI RIVER AT RIVERSIDE PARKS FOR A TWO (2) YEAR TERM, WITH AN OPTION TO RENEW FOR ONE (1) ADDITIONAL ONE (1) YEAR PERIOD, COMMENCING ON OCTOBER 1, 2022, AND ENDING ON SEPTEMBER 30, 2024, IN AN ANNUAL AMOUNT NOT TO EXCEED $150,000.00, FOR A TOTAL AMOUNT NOT TO EXCEED $450,000.00, SUBJECT TO BUDGET APPROPRIATIONS AND AVAILABILITY OF FUNDS AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE ANY CHANGES TO ADJUST, AMEND, AND APPROPRIATE THE CITY OF MIAMI'S OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI -YEAR CAPITAL PLAN WITH THE TRANSFERS IN AND/OR OUT, AS NECESSARY AND APPLICABLE, FOR THE PURPOSE SET FORTH IN THIS RESOLUTION; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND THE DESIGNATED CITY DEPARTMENTS; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0344 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number RE. 7, please see Item Number RE.1 and "Public Comments for all Item(s)." City of Miami Page 56 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 RE.8 RESOLUTION 12493 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTION TO ENSURE THAT ANY FUNCTIONAL WEAPONS DONATED OR IN THE CUSTODY OF THE MIAMI POLICE DEPARTMENT AND ELIGIBLE FOR DESTRUCTION ARE INSTEAD DIRECTED TO IRPIN, UKRAINE, SUBJECT TO ALL APPLICABLE LAWS, RULES, AND REGULATIONS, FOR THE DEFENSE AND LIBERATION OF UKRAINIAN PEOPLE AGAINST THEIR RUSSIAN INVADERS. ENACTMENT NUMBER: R-22-0345 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.8, please see Item Number RE.1. RE.9 RESOLUTION 12496 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION MODIFYING THE REQUIREMENTS AND GUIDELINES OF THE EXPANDED FIRST TIME HOMEBUYER PROGRAM DESCRIBED IN RESOLUTION NO. R-22-0211 ("EXPANDED PROGRAM") BY PROCESSING APPLICATIONS ON A FIRST COME, FIRST READY, FIRST SERVE BASIS, AND BY REQUIRING PROOF OF CITY OF MIAMI RESIDENCY AS A CONDITION OF APPLICANT ELIGIBILITY, EXCEPT FOR THE EXCEPTIONS STATED HEREIN; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0346 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.9, please see Item Number RE.1. END OF RESOLUTIONS City of Miami Page 57 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 11930 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 10/ARTICLE VI/SECTION 101 OF THE CODE OF THE Building CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDINGS/UNSAFE STRUCTURES/UNSAFE STRUCTURES PANEL," TO REQUIRE CERTAIN RESIDENTIAL BUILDING OWNERS' TO HOUSE AND PAY FOR REASONABLE RELOCATION COSTS OF DISPLACED RESIDENTS AND, SHOULD THE OWNER FAIL TO PROVIDE SUFFICIENT HOUSING, FURTHER REQUIRE REIMBURSEMENT TO THE CITY OF MIAMI, FLORIDA ("CITY") FOR ANY RELOCATION COSTS PAID BY THE CITY; PROVIDING FOR PLACEMENT OF LIEN ON OWNER'S PROPERTY FOR ANY UNREIMBURSED RELOCATION EXPENSES INCURRED BY THE CITY; AMEND NOTICE PROVISIONS AND ENLARGEMENT OF TIME FOR COMPLIANCE AFTER NOTICE OF VIOLATION AND TO CLARIFY ENFORCEMENT OPTIONS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14085 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For additional minutes referencing Item Number SR.1, please see "Order of the Day." Chair King: We are on the second reading items. Do I have a motion to move the second reading items? Commissioner Dial, de la Portilla: Moved. Commissioner Reyes: Second. John Greco (Deputy City Attorney): Madam Chair, I need to read the titles for all of thembefore a vote. Chair King: Titles must be read. Okay. Go ahead, Mr. City Attorney. Commissioner Reyes: That is right. Mr Greco: SR.1. The Ordinance was read by title into the public record by Deputy City Attorney John Greco. Mr Greco: SR.2. City of Miami Page 58 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 The Ordinance was read by title into the public record by Deputy City Attorney John Greco. Mr Greco: SR.3. The Ordinance was read by title into the public record by Deputy City Attorney John Greco. Mr Greco: SR.4. The Ordinance was read by title into the public record by Deputy City Attorney John Greco. Mr Greco: SR.5. The Ordinance was read by title into the public record by Deputy City Attorney John Greco. Mr Greco: And that was the Second Reading Ordinances. Commissioner Diaz de la Portilla: Okay. Mr. Chairman. There she is. Chair King: Do 1 have a motion and a second? Commissioner Diaz de la Portilla: So moved. Chair King: All in favor? Commissioner Diaz de la Portilla: Aye. Todd B. Hannon (City Clerk): And Chair, I'm sorry, just for the record, SR.3 and SR.4 are going to be amended to allow for an immediate effective date. Commissioner Diaz de la Portilla: So moved as amended, SR.3, SR.4. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: SR, the second reading ordinances have passed. City of Miami Page 59 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 SR.2 ORDINANCE Second Reading 12313 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 18 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED TITLED "FINANCE"; MORE SPECIFICALLY, ESTABLISHING A NEW ARTICLE IV, TITLED "GRANTS," MORE PARTICULARLY ESTABLISHING AN INITIATIVE TITLED, "MIAMI'S ECONOMIC ACCESSIBILITY INITIATIVE" ("EAI") IN AN EFFORT TO SUPPORT THE RAPID INCREASE OF ACTIVITY IN THE CITY OF MIAMI'S ("CITY") TECHNOLOGY INDUSTRY BY OFFERING RESOURCES TO EASE THE ECONOMIC BURDEN OF CITY RESIDENTS; REQUIRING THAT ANY RECIPIENTS OF FUNDING FROM THE EAI EXECUTE AN AGREEMENT WITH THE CITY WHICH ADDRESS THE SCOPE OF SERVICES, PERFORMANCE MEASURES, INVOICING, CONFLICTS OF INTEREST, AND OTHER MATERIAL TERMS THAT MAY BE APPLICABLE TO THE USE OF FUNDS; APPROVING GUIDELINES FOR THE EAI; AUTHORIZING THE ALLOCATION AND APPROPRIATION OF FUNDS FROM THE OFFICE OF THE CITY MANAGER'S VENTURE MIAMI INITIATIVE ACCOUNT NO. 00001.150009.882000.0000.00000, IN AN AMOUNT NOT TO EXCEED ONE MILLION, ONE HUNDRED THOUSAND DOLLARS ($1,100,000.00), TO A SPECIAL REVENUE PROJECT FUND TITLED "MIAMI'S ECONOMIC ACCESSIBILITY INITIATIVE;" FURTHER AMENDING CHAPTER 18/ARTICLE III/SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE/APPLICATION AND EXCLUSIONS," BY AMENDING SECTION 18-72(B) TO EXCLUDE FROM THE REQUIREMENTS OF THE CITY OF MIAMI PROCUREMENT ORDINANCE EAI ALLOCATIONS OF UP TO FIFTY THOUSAND DOLLARS ($50,000.00) IN ANY ONE (1) FISCAL YEAR PROVIDED TO ANY SINGLE ENTITY; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SAID PURPOSES STATED HEREIN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14086 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number SR.2, please see Item Number SR.1. City of Miami Page 60 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 SR.3 ORDINANCE Second Reading 12267 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE II/SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE" BY CREATING NEW SUBSECTION (0) TO PROVIDE FOR THE AUTOMATIC CONTINUANCE OF CITY COMMISSION MEETINGS WHEN A QUORUM IS NOT AVAILABLE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14087 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number SR.3, please see Item Number SR.1. SR.4 ORDINANCE Second Reading 12268 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE II/SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE" BY CREATING NEW SUBSECTION (0) TO PROVIDE FOR THE AUTOMATIC CONTINUANCE OF CITY COMMISSION MEETINGS WHEN A QUORUM IS NOT AVAILABLE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14088 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Fortilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number SR.4, please see Item Number SR.1. City of Miami Page 61 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 SR.5 ORDINANCE Second Reading 11695 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 2/ARTICLE XI/DIVISION 21/SECTION 2-1328.1 OF THE Planning CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/WYNWOOD BUSINESS IMPROVEMENT DISTRICT/WYNWOOD DESIGN REVIEW COMMITTEE" TO AMEND THE REQUIREMENTS FOR QUALIFICATIONS AND TERMS OF OFFICE FOR MEMBERS OF THE WYNWOOD DESIGN REVIEW COMMITTEE ("WDRC") AND TO AMEND THE FUNCTIONS, POWERS, AND DUTIES OF THE WDRC; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14089 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number SR.5, please see Item Number SR.1. END OF SECOND READING ORDINANCES City of Miami Page 62 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 12451 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of the City CHAPTER 54/ARTICLE IV/SECTION 54-138 OF THE CODE OF Attorney THE CITY OF MIAMI, FLORIDA, TITLED "STREETS AND SIDEWALKS/NAMING OF STREETS AND NUMBERING OF BUILDINGS/EXPENSES", TO REMOVE REQUIREMENTS RELATED TO A SUNSETTED BOARD; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: We are on First Reading ordinances now. Mr. City Attorney, would you please read the ordinances into the record, the titles? John Greco (Deputy City Attorney): Thank you. FR.1. The Ordinance was read by title into the public record by Deputy City Attorney John Greco. Mr Greco: FR.2 was deferred. FR.3. The Ordinance was read by title into the public record by Deputy City Attorney John Greco. Mr Greco: FR.4. The Ordinance was read by title into the public record by Deputy City Attorney John Greco. Mr Greco: FR.5. The Ordinance was read by title into the public record by Deputy City Attorney John Greco. Mr Greco: That is it for the titles. I would also point out that, Madam Chair that there was -- I think, a floor amendment lbr FR.3. Chair King: Okay. Mr. Greco: I can read that into the record if you would like. [Later...] Chair King: Now we can go back to our first reading items. All in favor? City of Miami Page 63 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 The Commission (Collectively): Aye. Chair King: Motion -- Todd, do we need a second for the? John Greco (Deputy City Attorney): Madam Chair I think there was a floor amendment on FR.3 to add certain language to allow that there be -- to require that there be written notice to the -- by the Manager to the Commission as to any -- Chair King: I believe we accepted that. Commissioner Reyes: Yes, that was accepted. Mr Greco: Okay. Commissioner Reyes: Yes, that was -- accepted that. Chair King: We accepted that. Todd B. Hannon (City Clerk): And I'msorry, the mover again, the mover and seconder? Commissioner Diaz de la Portilla: I'll move it with FR.3 as amended. Commissioner Reyes: I second it. Chair King: Second. All in favor? The Commission (Collectively): Aye. FR.2 ORDINANCE First Reading 12445 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IX/SECTION 2-779 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "ADMINISTRATION/CITY-OWNED PROPERTY/OUTDOOR ADVERTISING SIGNS ON CITY -OWNED PROPERTY," TO ALLOW FOR OUTDOOR ADVERTISING SIGNS AT BAYFRONT PARK AND MAURICE FERRE PARK; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: Item FR.2 was deferred to the September 22, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number FR.2, please see "Order of the Day." City of Miami Page 64 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 FR.3 ORDINANCE First Reading 12336 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XVII/SECTION 62-663 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING/COVENANTS FOR AFFORDABLE OR WORKFORCE HOUSING/REQUIREMENTS, ENFORCEMENT PROVISIONS, AND PENALTIES FOR RESTRICTIVE COVENANTS ASSOCIATED WITH AFFORDABLE OR WORKFORCE HOUSING RELATED TO DEVELOPMENT INCENTIVES, BENEFITS, OR BONUSES", BY ADDING SUBSECTION 62-663(9) TO CLARIFY AND PROVIDE A PROCESS FOR ADMINISTRATIVELY AUTHORIZING PARTIAL RELEASES AND SUBORDINATIONS OF CERTAIN AFFORDABLE HOUSING COVENANTS RELATED TO AND REQUIRED BY GOVERNMENT - BACKED PROGRAM FINANCING OR REFINANCING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number FR.3, please see Item Number FR.1 and "Public Comments for allItem(s)." FR.4 ORDINANCE First Reading 12497 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "VIRGINIA KEY BEACH PARK TRUST," BY AMENDING SECTION 38-233, TITLED "GOVERNING BODY: COMPOSITION AND APPOINTMENTS; TERMS OF OFFICE AND VACANCIES; MEMBERSHIP ELIGIBILITY REQUIREMENTS; OATH; QUORUM AND VOTING; MEETINGS; ATTENDANCE REQUIREMENTS; INDEMNIFICATION," TO ESTABLISH THE APPOINTMENT TO THE TRUST'S GOVERNING BODY BY THE DISTRICT 5 COMMISSIONER, MAYOR AND CITY MANAGER; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: Item FR.4 was deferred to the September 22, 2022, City Commission Meeting. City of Miami Page 65 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 FR.4 ORDINANCE First Reading 12497 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "VIRGINIA KEY BEACH PARK TRUST," BY AMENDING SECTION 38-233, TITLED "GOVERNING BODY: COMPOSITION AND APPOINTMENTS; TERMS OF OFFICE AND VACANCIES; MEMBERSHIP ELIGIBILITY REQUIREMENTS; OATH; QUORUM AND VOTING; MEETINGS; ATTENDANCE REQUIREMENTS; INDEMNIFICATION," TO ESTABLISH THE APPOINTMENT TO THE TRUST'S GOVERNING BODY BY THE DISTRICT 5 COMMISSIONER, MAYOR AND CITY MANAGER; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes FR.4 ORDINANCE First Reading 12497 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "VIRGINIA KEY BEACH PARK TRUST," BY AMENDING SECTION 38-233, TITLED "GOVERNING BODY: COMPOSITION AND APPOINTMENTS; TERMS OF OFFICE AND VACANCIES; MEMBERSHIP ELIGIBILITY REQUIREMENTS; OATH; QUORUM AND VOTING; MEETINGS; ATTENDANCE REQUIREMENTS; INDEMNIFICATION," TO ESTABLISH THE APPOINTMENT TO THE TRUST'S GOVERNING BODY BY THE DISTRICT 5 COMMISSIONER, MAYOR AND CITY MANAGER; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For additional minutes referencing Item Number FR.4, please see Item Number FR.1 and "Public Comments for all Item(s)." Commissioner Reyes: Madam Chair: Chair King: Yes. Commissioner Reyes: I would like to offer a friendly amendment on FR.4. Chair King: Okay. City of Miami Page 66 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Commissioner Reyes: The friendly amendment would he that District Five Commissioner should be the chair -- I mean perennial chair of that board. And the selection of board members should be the -- District Five should have two and each Commissioner should have one. Manager doesn't have any reason to having one instead of having District 5 having one, it should have two and each one of us have one. Chair King: Well, thank you. Thank you for proffering for me to be the chair: I do not want to be the chair I think the organization will operate perfectly well, I would like to keep the five appointments and allow them to have a chair through the appointments, but I would like to have the appointment by the Manager to be at large, amended to have the Manager at large, but I would like to keep the five appointments. Commissioner Reyes: You mean that District 5 will have all five appointments? Chair King: Yes. Commissioner Reyes: That goes against the way that all the boards are, I mean we all have some -- some say or -- or some input in -- in --in the -- the every single board. That's why it has been the way that has been decided is that each board, each Commissioner has an appointment in each of the boards you see, even in -- Chair King: Go right ahead. Vice Chair Carollo: This is where I stand. I have no problems whatsoever that you get to name a majority of this board. However -- Unidentified Speaker: Can't hear Vice Chair Carollo: I said that I have no problem that the District 5 Chairman, Commissioner, gets to name a majority of the board. However, like in the CRAs (Community Redevelopment Agency) like in other trusts and boards that we have, we need one of us to be the chairman and take responsibility, take hold of what's going on there. So what I'd like is to, instead of you naming and appointing five members, you appoint four, and you will be one of the five automatically that would chair it. That's important so that if we're giving up votes of our own, we need to have the safeguard, the security that one of our own is heading this. I hope you've had the opportunity to have read some of what's been written so far by the Inspector General on the draft. I don't know when he's going to finish it, but we should request of him that it be done quickly so that this could be open. But we can't have this trust or any other trust or agency or semi-independent authority from this city being run like this one is, and then pretending that gee, you know, I'm appalled that I've been asked questions on it, like Mr Guy did the other day, and I just heard someone say today. You know, so I will be happy to approve you as chairman, that you get to name four, the Mayor can appoint one or if that -- if the Commission would like appointment and the City Manager's could be then at large from the Commission. But one of us needs to chair that, and I think you're the appropriate person to chair it. Commissioner Diaz de la Portilla: Madam Chairwoman? Chair King: Yes. Commissioner Diaz de la Portilla: I think that all of us should be chairing it, like the Omni CRA or the Overtown CRA. And what I believe, I have a different idea. I believe that every Commissioner here should be the chairman of this board. That way we don't have to appoint anyone. We're all accountable. We're duly elected. We're the City of Miami Page 67 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 ones that could see it and oversee it. And I think that you should be the chairwoman and oversee the whole thing. That normally happens with the Omni CRA, like you do with the Overtime CRA. You, in essence, are the person that makes most of the decisions. But I believe that every member of this board, based on the report that I read, and I read the whole report, I'm not happy with how this is being run. And I think we have a responsibility to be completely accountable and transparent to the people of the City of Miami that we're the ones that are elected and we're the ones that make the decisions, not some appointment that can later come here and sometimes be disrespec ful, sometimes not be accountable, many times not be transparent and all I heard, all the public discourse this morning and what I've been hearing in the papers and the comments that were made in the last Commission meeting, I think this Commission should chair the board. That's my suggestion. Chair King: I don't -- I don't think that -- I don't think that us as a body chairing the historic Virginia Key Beach Trust is a good idea. I do believe that I should have more input because I am the Black Commissioner and I will be sensitive to our historic Black beach. There has been a lot of discussion about what this body has undertaken with the Virginia Key and that's going to come up as a discussion item, one of the misconceptions was that the Tiny Homes Initiative was going to be placed on the historic Black beach, which was never the case. It was never true that this initiative was going to be placed on the historic Black beach, but I took a lot of heat for that. And as such, I believe that if I'm going to be held responsible for the historic Black beach, then allow me to be responsible for the historic Black beach. And that is why this -- this item is before us now. But I do not want to take away the authority of the board as it stands right now That is not my intent. I want to work with them. I understand that there are some issues and challenges with the trust, but I want to get in and help them. I don't want to take the authority away from them. I will chair the trust if that is the will of the body, but I do not think that it would be fruitful for all of us to be a part of the trust. Commissioner Reyes: Ma'am, hold on a second. Ma'am, since I started this, I think that I'm asking for give me a chance to explain. Chair King: While we do work together in the CRAB, let me say that. We do -- Commissioner Reyes: Yes. Chair King: -- work very well together. Commissioner Reyes: We work together Chair King: We work very well together. Commissioner Reyes: That's absolutely true. I -- Chair King: But the trust is -- Commissioner Reyes: -- do agree. Chair King: But the trust is not the CRAs. Commissioner Reyes: It is not. Chair King: The Virginia Key Historical Trust is not -- it is not a CRA entity, which is why I would like, at least -- at least for now, give me a year to work with them and then we can reconsider if we should change the makeup of the body to make this body City of Miami Page 68 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Commissioner Reyes: Ma'am, ma'am. May I finish? I mean or continue. You see, I do understand and do understand that the -- the Afro-American community has a lot invested in that area, in that trust. And I also understand that you had received a lot of heat for what's going on. It was uncalled for but you have received a lot of heat because what went on when people were, I mean, it was decided to consider Virginia Key as a place -- to put the homeless. And given the fact that that trust is in charge of the museum, the Black museum, and it is so much intertwined with the history of the Afro-American community, that is why I had proposed that the chair of that board be the District Five Commissioner: And also, 1 want every single one of us to participate or have some representative in that board that would represent what our -- our I would say the policies that I want to see implemented, how the money it is used, et cetera, et cetera. That's why -- and to give you additional power That's -- in my -- in my proposal, I am giving you two, two appointments. The one that actually belongs to the Manager and yours. And allow each one of us to appoint somebody that will represent us at in that board. That's the only thing that 1 think it will fit fair. Chair King: I understand, but again, my position would be I will accept being chair if' that is the will of the body, but I do want to maintain the five appointments and one with the Mayor and one at large. That is -- that is what 1'd like to see happen. We can change it in a year if you find that it is not working and have this body become a part of the trust. But 1 would prefer if you would allow me to operate as I have recommended for a year And let me hear from my colleagues to my left. Commissioner Diaz de la Portilla: Madam Chair with all due respect, Virginia Key is much bigger than the Black museum we're going to build there. There are many public policy decisions we are going to be making. The 1,100 acres that are impacted across the board, decisions that are important to the entire City of Miami. The accountability issues and the malfeasance that has been reported in the -- in what I read is very concerning to me. I want to take that responsibility on. I think that we as elected officials, not as people who are appointed and named that can make all kinds of allegations and have no repercussions as a result of those allegations, should be in control of this entity. This entity has serious problems, according to the report that I read. There have been public comments that have been made against people that are duly elected officials. All of us have been, including yourself have been maligned over this process and I think the best way to deal with those issues is to take them head-on. And if we want to be the people that are accountable to the public, the citizens of the City of Miami, what we do is we take control of it and then every decision that we make, we're held accountable and we go to the ballot box and people vote for us or vote against us. But people that come here and do what they want to do and act with impunity, and are not accountable to the people of Miami, that's a concern. I understand what you want to do, and I understand you want to take control of it. But understand that as a Commission, as a city, that we also have other interests in that area. It's not only that interest, and we will all be supportive. That is why I think Commissioner Reyes's suggestion that you get two appointments, that you want to appoint an additional person, but that each member, Commissioner Reyes, Commissioner Carollo, you Madam Chair; Commissioner Russell, and whoever replaces him in a few months, all of us should be accountable and all of us should be making those decisions because that way the people know who is making them. No one knows who these board members are. No one knows who these trust members are. We see there here. They protest. They're organized to come here because they got caught with their hand in the cookie jar I think that's what happened. And they get upset because we caught them. There's no minutes. There's no accountability. I read the whole report. I read it twice. And I know you want to take control of it. But allow us to help you take control. Allow us to be part of that conversation. Allow us to .fix City of Miami Page 69 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 something that's wrong, and it has to be fixed. It's broke and it needs to be fixed. And I think this Commission, all of us, as newly elected officials of the City of Miami, have a right to be part of that conversation and have a right to have a vote. Do you have -- do you believe that you have more -- you should have more decision -making ability? I accept that, because I know the historic nature of the beach and the historic nature of the area, but we also have to have a right in being part of that conversation. So I ask you to be flexible. 1 know what you want, but to allow us to find some compromise here where we have a significant say. Well, that compromise is that the elected officials are the ones that are there on that board and you could drive the train, you could drive the train, but we have a right to jump in and give our opinion and be part of the conversation. Or whether we're allowed to name someone that can represent us, which is not my preference because it is not somebody who's elected, butt can live with it at the end of the day. I would prefer it be us. So that if something goes wrong or something is not right, some wrong is not righted, it was Commissioner Diaz de la Portilla who did not fix it. It was Commissioner Reyes who didn't fix it. I want that responsibility. 1'll take on that challenge and I think that we can fix it. But that it's broken, it's broken. And there's no doubt about that. And there's no -- you can read that report, you can read it ten times, you cannot find anything good out of that report. And we have to fix it. And I want to be part of that solution. It's a problem and I want to be part of the solution. Commissioner Reyes: How many members do we have now? We have nine, right? Chair King: Nine. It's proposed to go to seven. Let me make a clarification. I do not want to take it over I want to work with them. Now, we'll hear from Commissioner Russell. Commissioner Russell: Thank you, Madam Chair. I've been very proud to have Virginia Key Beach Park Trust in my district while working here and they just celebrated their 75th anniversary during the pandemic, unfortunately by Zoom, but it was really well attended and there's so many people that care so much about the history there. The good news is it's starting to get the attention it deserves. It has not unlocked the funding from the county that it needs, the $19 million that they've held away as if they're not responsible enough to handle it. And I'd love to see that elected leadership would step in and actually potentially have a greater influence in unlocking that money. I see that there is a universal, unanimous agreement that you could be that chair. And -- and that wasn't your initial intention, that's not what's in the legislation, but you see that willingness is here. But I do agree with both Commissioner Reyes and Commissioner Diaz de la Portilla that there should also be a balanced representation on the board. Each of our districts has an African - American community, which all have -- it's a diaspora of different interests that may want to take part in how that story and that museum comes together So I do agree with the amendment that Commissioner Reyes put forth. But one thing I would like for us to try, to stop, because if the political will is here to make this policy change, we don't need to defame the management or the board that is there now I've met with our Auditor General. I've read the draft report. There is nothing in there that points to malfeasance. I asked him for that word specifically, has there been any malfeasance? There's definitely been sloppy note -taking, there's definitely been poor accounting, but there's nothing that shows a misuse of public funds. And I think leadership is what they -- they need in this sense -- Commissioner Diaz de la Portilla: Yes. Commissioner Russell: -- and accountability within this board could -- could help work with you to work with them. So I'm in support of the general change, but I think we need to come to consensus on the specifics. City of Miami Page 70 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Chair King: Go ahead. Vice Chair Carollo: First of all, just briefly, to get out of my chest, something that Commissioner Russell said, that there's no malfeasance, that there's, you know, just bad bookkeeping. That's hogwash. I read the report. If you think it's all hunky-dory, I'll bring everybody here under the chartered provisions to investigate, and we'll open up an investigation, start calling people in, and see what we get under oath. And I guarantee you, you're going to have people that are going to want to resign right away, people that are not going to want to come, and it's a different story. I've never seen in 40-plus years such a report like the draft report that 1 have read so far Now having said that, it bothers me tremendously in the lack of wanting to do what's right there, because I am responsible for that trust having been created. When I was Mayor, together with Arthur Teele, we created that trust, we moved it forward. That was one of my babies. And I never meant it to become what has become a pinata, a grab for people to get employed, not do much there, huge salaries, $150,000. There's 20 people. The other day, you heard the executive director say, "No, no, there's 14." Well based upon what we have been given as of the last payroll that I was given, there were 17 people that were in the payroll, plus 3 independent contractors that basically what they're doing is they're getting paid huge amounts, and in one case more than they're supposed to get for bringing in the handful of major projects that are coming there. Unbeknownst to this board, for years, we would approve a budget, but we never approved additional people. There's at least 100,000 or more that was being given by parks with two employees. There's no reason in the world why this trust should have approximately twice the people working as Bayfront Park Trust. And you talk about two huge areas, Bayfront Park, Maurice Ferre Park, and we've been doing it with that. Now can we do it better with more people? Absolutely, but it's been maintained properly. So, you know, when I hear somebody get up here and on top of that wants not just $300,000 from the City, like we've been giving, but they want another $300, 000. For what? They have hijacked the historic Black beach, mainly from the Black community of Miami, from the African community of Miami, because when 1 pushed for this trust to be created, it was so that we could see young, elementary school age, teenagers from the African American community, the urban city, being able to go there, being able to hear about African American history Miami history as it was, being able to be with nature, being able to enjoy so many of the things in that area. In fact, I remember years back, I would go there often because there's a bridge that goes into the mangroves towards the back. And it was the most beautiful sight. You could see the little offsprings from fish at different times of the year be there, shrimp, ostriches, all kinds of birds would be there. It was the most relaxing thing that you could do. That is in such bad state right now, nobody cares. I mean, the place has what I don't know anywhere in Miami, South Florida, that we have a whole track for a train. It was supposed to have a carousel. I don't know who uses that. I don't know how it's done. I mean, they were making such a big deal about tiny homes. You've got six tiny homes right on the beach over there. So this has to come to a head. It's one thing when different of our trusts or agencies bring their own dollars. The CRAs, the DDA (Downtown Development Authority), Bayfront Park Trust, but this agency is getting money from the general fund that after 20 plus years, it should not have been getting any dollars because it should have been weaned out a long time ago. This has to come to a stop also. And frankly, Chair, I don't want to approve something where we keep the same executive director doing the same thing, and if there are board members that think that they could keep doing the same thing, I don't know what's been going on there, but it's not good. And I for one am not going to be intimidated because I'm going to be called names, be accused of you know what, like you yourself have been accused. My God. So those games are not going to be played with me so that they can keep using the money that we're giving them, not in bringing in the African -American children to learn about the history, but in salaries, I mean, my God, what is going on there that we have 20 people and we still can't have, after 20 years, City of Miami Page 71 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 the executive director; the hoard cannot come with anv ideas to make that place self- sufficient when it truly is a gem. It is one of the most beautiful sights that we have. Now having said that, and if you want, I'll hold this for the next round, we'll do it the way you like to, Chair this is outrageous that this falsehood, this lie, this fake news that we were planning on putting tiny homes in the historic Black beach when that was never the case. That was never the case whatsoever in the area that we're looking at it. And that the executive -- Chair King: We can table that. Vice Chair Carollo: Okay. Chair King: We'll get to that when we get to our discussion item. So here we are with the Virginia Key Beach Trust -- Park Trust appointment. So where are we, what is proposed? Again, it would be my wish, I will take on being chair as it seems this board wants, but I would like to maintain the -- I would like to keep the trust board as it is with me having the appointments for a year. Give me a year to work with the organization before we add everyone to the trust. Before we add all of us to the trust, give me a year to work with them. I'll be the chair, we'll have periodic reports, and if' in a year it hasn't turned around to the satisfaction of this body, I will acquiesce and stay out of the way to allow all of you to have a seat on the trust. Commissioner Diaz de la Portilla: Madam Chair, I don't want to vote against you. Chair King: Please don't then. Commissioner Diaz de la Portilla: No, no. There is too much evidence of malfeasance. There is too much evidence of wrongdoing. There is too much evidence of lack of accountability and lack of transparency. There is no progress. And when I refer to the Virginia Key Park Trust, I also look at the surrounding areas, right, which includes the Virginia Key Advisory Board and other areas. So it impacts the entire area. It's not only talking about one specific area. So everybody here has to have a voice in this. I'm willing to defer the item to the next Commission meeting so we can all think about it, and that way we can all come up with a better proposal, perhaps. But I will not vote to keep those same people in power Not for another day, not for another month, not for another -- and much less for another year I understand that you want to come in and fix it. I would venture and argue with you based on my experience that you're not going to fix it with these people. That is just my experience. Chair King: But I do -- I will have the authority to appoint -- I will have the authority to appoint a new board. Commissioner Diaz de la Portilla: I understand, but I cannot, in good conscience, Madam Chair, give these people another year to do what they've been doing. And on top of that, to top it all off they come and ask for an additional $300, 000 after having 20 employees not doing anything for two decades. And to me, it's not, as an elected member of this body, it's not responsible to allow us to see something bad happening and not step in and stop it from happening immediately. And I see something that doesn't smell right here, it doesn't smell right. And I cannot allow, knowing that already and having read that report and having the evidence before me from our inspector general, our auditor, that now that I have the information I can't allow it to continue. So whatever happens, happens here today. If you want to buy more time and you want us, all of us to think about a little bit more, I don't think my mind will change, maybe some other minds will change, but I'm going to vote against this idea of keeping the same people running the show here because I want to vote them out. And I think that the people that can better replace them are the people who are elected City of Miami Page 72 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 by voters, that are accountable. We're directly elected by voters, if they don't like is they get vote us out of office. Vice Chair Carollo: Mr Manager Commissioner Diaz de la Portilla: And second to that, ifI may finish, second to that is we, like Commissioner Russell suggested, we each get an appointment and you can get two and you're the chairwoman. And that is okay. We all want you to be the chairwoman. There is consensus on that here. And we want you maybe to have even a little more authority because it is the historic Black beach and you are the African American, the Black member of the board. Chair King: Black woman. Commissioner Diaz de la Portilla: Black woman, sorry. The Caribbean American -- Caribbean African member of the board. And I think that it's important that you have more say because I think it's a -- but we all, like Commissioner Russell said, he's correct. We all have African American and Black constituents. That's an important part of Miami's legacy, a critical part of Miami's legacy. So we want to get it right. I want to be part of that decision making. I'm sorry -- Chair King: Okay so -- Commissioner Diaz de la Portilla: I think I've earned the right by being elected. I think everybody here has that right. Chair King: Okay. Commissioner Diaz de la Portilla: So, whatever the motion -- Chair King: So -- Commissioner Diaz de la Portilla: -- is --I'm not going to make a motion against you - Chair King: Okay. Let me -- Commissioner Diaz de la Portilla: -- but I will not support a motion that keeps it as it is. Chair King: Okay. So, I understand. I think we all agree that it shouldn't be as it is. So how about this? Chair, five, and you each get one. Vice Chair Carollo: 11 you're saying? Commissioner Diaz de la Portilla: How about a deferral and we can think about? Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: It's next week. September 27th. Commissioner Reyes: Madam Chair Commissioner Diaz de la Portilla: It's a week away. Commissioner Reyes: Madam Chair, let me clarify my position please. You see, I -- I City of Miami Page 73 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 want to -- I want to be part of the solution. See I would like, and I just asked the City Clerk, if it is possible for us to reappoint, appoint new members to the board that will follow, you see, our philosophy and our -- our at this time our will to solve all the problems that are, I mean that have been caused by this new -- I mean by this old administration. You see, Mr Carollo -- Commissioner Carollo talks about bringing -- and the way that this board was -- was the principle of this board was that it was going to be self-sufficient. And it hasn't been self-sufficient for so long. And also I want to also, to add that not only students and people from the inner city should be brought to that area, but everybody in the City of Miami should be brought to that area to know the history of that beautiful, but let me tell you, the beach is beautifid, 1 swain on it, and what went on and the transition that the city has gone through. And if you don't know history, you are condemned to repeat it. And I would like for all of us, all of us, to be able to bring whoever I mean, have an administration that will bring everybody or promote -- promote that area as a historic area and as a beautiful area. And I want to be part of that solution. I want to appoint somebody that thinks just like I do and will be willing to tackle the problems that we have and try to bring a solution to it. I want to be part of it you see. Vice Chair Carollo: Well Commissioner I do agree with you that the history there has to be open to all of our communities. But I think it has to begin with the youth and the African -American community, and then expand it to the rest of our community. And I agree with that, but here, Mr. Clerk if -- how many meetings can someone miss in this board before they're taken out? Todd B. Hannon (City Clerk): If you can give me a moment, I just don't remember that off the top of my head, because I know that you can't excuse those absences now Vice Chair Carollo: Yeah, but there- it's usually -- Mr Hannon: I believe it's three consecutive and four within a year I believe. Vice Chair Carollo: Okay here's -- unfortunately I can't say more because of what I've been told in the draft, but I can say this. The board member that was appointed by my predecessor my brother, before I came, and I'd left him, I figure, fine. I believe he passed on quite a while ago. So did you get any notification, Mr Clerk, from this board that there's been a vacancy there? Mr Hannon: No, sir. Vice Chair Carollo: Do you guys see the point that I'm making? Commissioner Reyes: Yes. Chair King: Yes. Vice Chair Carollo: They don't want to appoint. Chair King: Yes. I understand. Vice Chair Carollo: They don't want anybody else in there -- Chair King: So -- okay. Vice Chair Carollo: -- and it's fine the way it's going for them. Chair King: Let's -- how about we defer this? City of Miami Page 74 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: I move to defer the item. Chair King: Let's defer it. Commissioner Reyes: 1 second it. Chair King: Okay. And we'll bring it back on the 22nd? Commissioner Reyes: On the 22nd. Commissioner Diaz de la Portilla: Thank you. Chair King: Okay. Commissioner Diaz de la Portilla: Thank you Madam Chair Chair King: Is there a motion, second? All in favor? The Commission (Collectively): Aye. Chair King: That item is deferred. [Later...] Chair King: Now, if we can, I'd like to -- Commissioner Diaz de la Portilla: There's still hope for you. Chair King: -- bring something back before the board. I'd like to reconsider -- Commissioner Diaz de la Portilla: I will make that motion for you Madam Chair since you're chairing the Commission. So, I'd like to reconsider FR.4, the Virginia Key Beach Park Trust appointments issue. I think there may be a possibility that we can resolve it today and not let it linger on for longer than that. And my thinking and the Commission is the will of the body, obviously, that we allow the Chairwoman to chair it, for her to appoint two people and for every Commissioner to have one appointment and they can appoint themselves if they wish to or they can appoint someone. So if you want to serve on it, you can serve on it as a Commissioner. If you want to appoint someone, you can do that too. Commissioner Reyes: Is that a motion? Commissioner Diaz de la Portilla: That's a motion. Commissioner Russell: We have to move for reconsideration first. Commissioner Reyes: I will -- Commissioner Diaz de la Portilla: I am sorry, I am just explaining the two steps. Step number one is I move to reconsider That's a notion. Commissioner Russell: Second. Commissioner Diaz de la Portilla: Okay. Second. City of Miami Page 75 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Vice Chair Carollo: I second. Chair King: I -- Commissioner Diaz de la Portilla: Vote? Call the vote. Vice Chair Carollo: If we're going to go that route, I'd prefer for the first year until we set the house in order that it would be the other members of the Commission that are the ones that would be part of the board. After the second year -- Commissioner Diaz de la Portilla: That they can appoint someone. Okay. Pee Chair Carollo: -- they can appoint someone -- Commissioner Diaz de la Portilla: I will amend it then for the first year to be the -- Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: -- members of the commission. You still get to appoint -- Commissioner Reyes: (INAUDIBLE). Commissioner Diaz de la Portilla: -- you still get to appoint two. You're still the chairwoman. We all sit on the board, on the trust, and then after a year then we can appoint someone to -- in our stead. Commissioner Reyes: We replace us and I mean represent us there. Commissioner Russell: Commission or their appointee. Commissioner Diaz de la Portilla: Commissioner or their appointee. Commissioner Reyes: Or the appointee. Commissioner Diaz de la Portilla: Okay, that's a motion then. Commissioner Reyes: Then I second it. Commissioner Diaz de la Portilla: But the first one is -- Commissioner Russell: We've got to vote on the reconsideration first. Commissioner Reyes: No first we have to vote -- Commissioner Diaz de la Portilla: Motion to reconsider, take the vote, Madam Chair, take the vote on reconsideration. Commissioner Reyes: Reconsideration. Commissioner Diaz de la Portilla: Call the vote on reconsideration. Chair King: Vote for reconsideration. Commissioner Diaz de la Portilla: Aye. City of Miami Page 76 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Commissioner Russell: Aye. Chair King: All in favor? The Commission (Collectively): Aye. Commissioner Diaz de la Portilla: Alright, now we have the motion. Chair King: What is the motion? Commissioner Diaz de la Portilla: I'm sorry, go ahead, Todd. You have this look on your face. Todd B. Hannon (City Clerk): I'm sorry, Commissioner: Commissioner Diaz de la Portilla: You 're all contorted, what's going on? Commissioner Carollo: You're driving him nuts. Mr Hannon: So, the trust will be constituted by the Commissioners for the first year? Commissioner Diaz de la Portilla: By the Commission plus two appointees by the Chairwoman, which is the Chairwoman -- Commissioner Reyes: By the chairwoman. Commissioner Diaz de la Portilla: -- so a total of seven members. Vice Chair Carollo: And the Chairwoman will be the Chairwoman. Commissioner Reyes: Will be the chair Commissioner Diaz de la Portilla: Right, correct. A total of seven. With a year later then -- then it -- then the -- every Commissioner -- any Commissioner can -- or every - - any commissioner can name a particular designee. Mr Hannon: And I'm sorry this is where I was get -- Commissioner Russell: (INAUDIBLE) Mr. Hannon: Yes, that's where I'm getting held up. Commissioner Russell: I'm counting eight. Vice Chair Carollo: Seven, seven. Mr Hannon: That's -- Commissioner Diaz de la Portilla: No, it's seven. Commissioner Reyes: It's seven. Mr Hannon: No, because I believe the District 5 Commissioner gets two appointments -- Commissioner Diaz de la Portilla: live -- two right -- City of Miami Page 77 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Chair King: Three. Commissioner Diaz de la Portilla: no two - Mr Hannon: -- and is the chair Commissioner Diaz de la Portilla: -- two. No, no, no. Chair King: It's two plus me. It's two plus me. Commissioner Diaz de la Portilla: Five, five plus two. Five, two appointees. Commissioner Reyes: Two appointees. Mr Hannon: But the Chair has three fingers up. Chair King: So that makes seven. That makes seven. Commissioner Diaz de la Portilla: That's her, includes her. Once again, her plus two, five plus two. She appoints a two. Todd, it's late. Five plus two. She appoints two. She is one. Commissioner Reyes: She is a board member -- Chair King: Chair Commissioner Reyes: -- and the chair Because she -- she can vote on it. Mr Hannon: Understood. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Okay no -- no -- not -- not really, not really. Five members, five members, she gets to name two more. Five members, she gets to name two, that's seven. Chair King: All in favor? The Commissioner (Collectively): Aye. Chair King: Motion carries unanimously. Vice Chair Carollo: Who's in first, who's in second? Chair King: Second. This concludes the City of Miami Commission meeting. You see we're delirious now Thank you everyone. City of Miami Page 78 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 FR.5 ORDINANCE First Reading 12498 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 12.5/ARTICLE I/DIVISION 3/SECTION 12.5-44 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "COMMUNITY REVITALIZATION/COMMUNITY REVITALIZATION DISTRICTS/LITTLE HAITI REVITALIZATION TRUST/GOVERNING BODY -COMPOSITION AND APPOINTMENTS; TERMS OF OFFICE AND VACANCIES; MEMBERSHIP QUALIFICATIONS; PROCEDURES FOR APPOINTMENT OF MEMBERS; OATH; QUORUM AND VOTING; MEETINGS; ATTENDANCE REQUIREMENTS; INDEMNIFICATION" TO AMEND THE REQUIREMENTS TO ALLOW FOR THE APPOINTMENT OF FIRST RESPONDERS TO THE TRUST; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number FR.5, please see Item Number FR.1. END OF FIRST READING ORDINANCES City of Miami Page 79 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 BC.1 8938 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AFFORDABLE HOMEOWNERSHIP LOAN PROGRAM TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 80 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 BC.2 11553 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes City of Miami Page 81 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 BC.3 6672 Office of the City Clerk BC.4 12163 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 82 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 BC.5 11096 Office of the City Clerk BC.6 12422 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Gabriel Paez Civilian Investigative Panel RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commission -At -Large City of Miami Page 83 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 BC.7 6958 Office of the City Clerk BC.8 10778 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE COMPLIANCE TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large City of Miami Page 84 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 BC.9 8804 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN AND QUALITY OF LIFE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large City of Miami Page 85 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 BC.10 12423 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King City of Miami Page 86 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 BC.11 5976 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King IAFF FOP AFSCME 1907 AFSCME 871 City of Miami Page 87 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 BC.12 11271 Office of the City Clerk BC.13 7963 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 88 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 BC.14 12164 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER ("LGBTQ") ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commission -At -Large City of Miami Page 89 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 BC.15 8269 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S COUNCIL ON GLOBAL COMPETITIVENESS FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large City of Miami Page 90 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 BC.16 8805 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 91 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 BC.17 9270 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI TECHNOLOGY COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large Commission -At -Large City of Miami Page 92 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 BC.18 12360 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE OFF-STREET PARKING BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Deborah Ladron de Guevara Off -Street Parking Board (At -Large Appointment) ENACTMENT NUMBER: R-22-0347 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla ABSENT: Reyes Chair King: Before we recess for lunch, let's take up the board appointments, the Boards and Committees. Todd B. Hannon (City Clerk): Good afternoon, Chair; Commissioners. BC.18, Off - Street Parking Board. Off -Street Parking Board is seeking confirmation of Deborah Ladron de Guevara for an unexpired term. Also, for the record, I will be submitting an MPA memo in resolution dated September 7, 2022, into the record as a substitute for the draft memo in resolution that we used as a placeholder: That is BC.18. Vice Chair Carollo: Move. Commissioner Dias de la Portilla: I will second it. Chair King: For Off -Street Parking? Vice Chair Carollo: Yes. Commissioner Diaz de la Portilla: Yes, BC.18. Chair King: Are we appointing someone to? Mr Hannon: No, ma'am, it's the Off:Street Parking Board. Chair King: Okay. Mr Hannon: You're confirming the Off -Street Parking Board's nominee. Chair King: Who's the nominee? Mr Hannon: Deborah Ladron de Guevara. Chair King: And whose -- Commissioner Diaz de la Portilla: De Guevara. Come on. How long have you been in City of Miami Page 93 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Miami? Chair King: Is that your nominee? Commissioner Diaz de la Portilla: No. Chair King: Whose nominee is that? Mr Hannon: It's the Off -Street Parking Board's nominee, and they're seeking confirmation by the City Commission. And so 1 just need a motion and a second if it's the will of the Commission. I'm sorry, I already have it -- Commissioner Diaz de la Portilla: Are you okay with that -- Arthur Noriega (City Manager): May I add a little element to that, a little (UNINTELLIGIBLE) -- Chair King: Please. Commissioner Diaz de la Portilla: Yes. Mr Noriega: So that board is a self-perpetuating board, so when there's a vacancy, they interview and take applications and obviously the board makes recommendations to the Commission for ratification. So this individual, they were replacing obviously the individual that I poached from them, Mr Larry Spring, and I believe that the individual in -- in sort of in line with their past practice has a very similar skill set in terms of it's a -- a -- an -- someone with a finance background. So I think that's the intent of the board of directors. Commissioner Diaz de la Portilla: But it's not really self-perpetuating because the Commission has to approve it. Mr Noriega: Yeah, but what I mean is that they actually do the interviewing process and make a recommendation. Commissioner Diaz de la Portilla: Right, of course. I'll move it. Mr Hannon: I have it moved by Commissioner Carollo, seconded by Commissioner Diaz De La Portilla. Commissioner Diaz de la Portilla: Yes. Chair King: All in favor? The Commission (Collectively): Aye. City of Miami Page 94 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 BC.19 12410 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PERFORMING ARTS CENTER TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Meme Ferre Commission -At -Large Brian Goldmeier Commission -At -Large Garth Reeves, III Commission -At -Large ENACTMENT NUMBER: R-22-0348 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla ABSENT: Reyes Todd B. Hannon (City Clerk): BC.19, Performing Arts Center Trust. The Performing Arts Center Trust is seeking confirmation of Meme Ferre, Brian Goldmeier, and Garth Reeves III. Chair King: Do I have a motion? Commissioner Diaz de la Portilla: Wait, wait. Are they -- are any of these members here? Chair King: No, they don't usually. Commissioner Diaz de la Portilla: They're not here? Chair King: No. Do I have a motion? Commissioner Russell: I'll move it. Chair King: Motion by Commissioner Russell. I'll second it. All in favor? The Commission (Collectively): Aye. Chair King: Commissioner Russell, yes? Commissioner Diaz de la Portilla: Yeah. Chair King: Motion carries. City of Miami Page 95 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 BC.20 12424 Office of the City Clerk BC.21 3693 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large City of Miami Page 96 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 BC.22 11273 Office of the City Clerk BC.23 9549 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: RESULT: NO ACTION TAKEN Commissioner Ken Russell City of Miami Page 97 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 BC.24 8943 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 98 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 DI.1 12481 City Manager's Office DI - DISCUSSION ITEM DISCUSSION ITEM A DISCUSSION OF THE MIAMI CITY COMMISSION FOR THE PURPOSE OF PROVIDING AN UPDATE REGARDING THE VIRGINIA KEY OUTDOOR CENTER. RESULT: DISCUSSED Note for the Record: For directive referencing Item DL1, please see Item NA.3. Note for the Record: For additional minutes referencing Item Number DL1, please see "Public Comments for all Item(s)." Todd B. Hannon (City Clerk): Chair we're good to go. Chair King: At this time we are going to reconvene the September 13th, 2022 Commission meeting. We have left off on DI.1, the discussion item for the Virginia Key outdoor center. And at this time I would like to allow the outdoor center to make their presentation. Good afternoon. Do you need assistance from IT (Information Technology)? Esther Alonso: Maybe. Let's see. Chair King: Okay. Mr Manager could you alert IT that maybe we might need them to assist in helping her with the presentation. Ms. Alonso: I think last time it popped up. Chair King: You need about 10 minutes? Is that correct? Ms. Alonso: I think so. Maybe less. Chair King: Okay. We're going to put 10 minutes on the clock. Ms. Alonso: Can we hold all questions until we go through this or? Thank you. Chair King: There will be no questions during your presentation, we'll have questions and comments afterwards. But again public comments is closed so it'll be just a discussion between -- amongst ourselves and staff. And in staff we'll be doing a presentation as well. Ms. Alonso: Of course. Chair King: Okay. Thank you. Ms. Alonso: Thank you. My name is Esther Alonso and I own and operated the Virginia Key outdoor center And I wanted to take an opportunity today to tell you a little bit about who we were and how we ended up where we are today. So first of all we came to be through an RFP (Request for Proposal) process and I was a winning bidder. That came before this body and our contract was voted on and approved and that's how we first came into existence in 2015. Coming into this space it was City of Miami Page 99 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 important for me to recognize the sensitivities and the meaning of this space to our community. And I think over the years we've successfully been able to do that. We are truly a social enterprise in that we are a for profit entity, but we do respect and honor that public private partnership and the needs of the community in coming into the space. In terms of where we're located, and this all came about after the proposed homeless transition zone. We are here, the bicycle club is to the north and in between and in between there are a few acres where this encampment was supposed to take place. And this is significant because of what it would have done to the area. And it's not a criticism of trying to help the unhoused population as much as it is as affecting a public space in a very negative and a very permanent fashion. This island, especially Northpoint and the historic beach park were places that were reclaimed through volunteer efforts over the decades, efforts that continue today. It has deep roots in our community, both with the African -American community, with the Hispanic community, because way back when we often forget that when they said of color it meant anyone who wasn 't a WASP (White Anglo-Saxon Protestant). And that's, those of you that aren't as old as I am, it's a White Anglo-Saxon Protestant. You know, things are different today and we all come and share this space. Some of the activities that we offer are mountain biking, ecological tours, kayak/canoe rentals, lessons for children and adults. The oldest person we ever taught how to ride a bicycle was in her 80's. So that was a huge accomplishment. And we do have evening events that were contemplated in our contract, both for sunrise and sunset and evening events that happened. Our arrangement from the beginning was always that whenever we were there after hours, we made sure that everyone left when we left, and we didn't leave anyone behind. Unfortunately, that doesn't give us control of the space and the gate is left unattended in the evenings, so if anyone else conies in, it wasn't anyone from our events or activities. Just a few more of the services that we offer We -- am I breathing into the mic? I'm sorry. The -- you know in honoring the space, we early on discovered that we needed to participate in its recovery and that meant removing a lot of the debris that had accumulated over the years from the days of limbo's. At first we would say that the ground would bleed glass every time it rained because we'd get these large shards and -- and that started the cleanups which evolved into a monthly, often weekly event, depending on the use in the area. Over time we estimate about 30,000 pounds were recovered both in small and large-scale cleanups. And we use that as an opportunity to teach our community about the impact that we have on the world around us through these hands-on activities. When people can understand how leaving their garbage behind costs them money down the road, it makes a difference. We've partnered with a lot of different community organizations, and this is just a few of them, and had hoped to continue doing them in the future. You know, Winston Churchill said that we make a living by what we get, but we make a life by what we give. And for us that was important. It's what we gave back. The estimate on the value of the volunteerism according to the independent sector's value of volunteer time is over $500,000. Not that I'm looking for any type of renumeration for that. It's just an example of what type of impact we've had on our community and our parks. We started a nonprofit in 2019 and then COVID hit, so it came to a screeching halt. And the idea of the nonprofit was to secure some funding so that we could expand our efforts. And we did through the community. We had some in -kind donations, and we had folks that would come in and donate bags and things. But it allowed us more flexibility, and in fact, we grew. We have our very popular kids adventure camp, and it's geared not towards kids that are going to do large group scale events, but those that are maybe not quite as focused on being in a sports team, but still want to have activities and want to have actions that take place, you know, in the outdoors. And it's been an amazing process because what we didn't understand early on is the type of self=assurance that was built in these children, that was developed. Our fishing camp was incredibly successful, and I mean, there was a lot said today so I'm trying to shortcut it a little bit. Now we get back to Friday, August 12th, and that was the day of the shutdown. What's important to note is that on August 11 th, we met with Ms. City of Miami Page 100 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Lorenzo and Ms. Hernandez from Parks, as well as staff members from Commissioner Russell's office. When we left that meeting, I left under the impression that we were going to be reconciling accounts and finding what exactly was owed and moving forward from there. The next day, however we were shut down. There was an e-mail that 1 sent the following morning with some information that was never replied to until I found out that there was an error in my spreadsheet and that was last week when we met with the manager and his group. But at 10:12 p.m. on August 12th, the City of Miami, for the first time makes a claim for over $140,000 in past due rent, which is a claim that I deny is accurate. In fact, it's an estimate from what I'm told. You know what that estimate is based on I'm not 100% certain, but it is an estimate. There was an allegation about construction done without permits. The City of Miami built this facility. We did not. It's two containers, two trailers with a deck in between, and we put the canopy on top, which was contemplated in the lease as well. There was a shipping container, which was also contemplated in the leases too, and was rolled over into one larger one that could actually accommodate equipment. We had equipment waterside. Right after we opened, the city put up bollards and segregated the area across the field and we were given permission to go ahead and put the racks up by the water, which we did. In 2015 we applied for a certificate of use. And the application that's on the screen is actually the second application. The first one went into hold, and apparently that had something to do with the fact that warrants had been issued for the construction of the space. You can see that 1 had some of the inspections done. There's a CU (Certificate of Use) inspection and I guess FDAC (Florida Department of Agriculture and Consumer Services) the food service I guess it's for the drinks. When we got to the portion of DERM (Department of Environmental Resources Management) at the county side, they said that there was an open invoice and that they couldn't proceed. So I took this back to the real estate department. They sent it over to capital improvements, and then it sat there. I take fault in this because I should have been more aggressive in pursuing this. But when we started getting inspections, I thought it had been taken care of. And that is my own ignorance and my mistake, and I don't pass that off on anybody else. And I'm sorry if I get a little emotional because I feel like 1 let a lot of people down here. And I should have done some things differently. But let me try to regroup. The warrant that was issued was for a mobile facility. That facility, I'm not sure what the legal definition of mobile is. It is far from mobile and if you needed to move it in advance of a tropical storm, unless you have two weeks' notice, it's not happening. It's connected, there's a berm that was built around it, which also didn't allow us to place containers the way that it was set out in the RFP. But here we are. This is a picture of the facility when it was built. It's a little skewed, they're obviously wider That deck was taken down and rebuilt three times because there was always something wrong with it. In all honesty, the first time that it was built was probably the most correct. And then let's fast forward a little bit to July 7th of 2021. We had already had issues with our checks being cashed. At that point, I reached out to Mark Burns and Eric Hurtado and the City had changed the way that it was collecting the rents. We had received an email with an attachment that said, here, you can go online and do an ACH. I said, great, now I don't have to show up and do that. But there was a balance, and the way that that worked was, if there was a balance, I couldn't make a payment without it being the amount that was on the invoice. But the invoice was wrong because up to that point I was 100% up to date and so I wrote back to them. And then we had some e- ntails back and forth. In July 14th, I reached out to Mark Burns and he said, you know, the rent is -- the rent is -- you are being invoiced for rent that was paid, correct? I said, yeah, I need an invoice for July. At that point Pin thinking I need to pay July of '21 and he was going to check the invoices and the allocations as accounting showed a balance, but only July was due. There were problems with the septic system, which were deferred back to me, which I don't think I should have borne the cost of that. We can talk about that if you'd like separately. But we can go back to now, we can go fast forward to August 11 th and at this point Mark Burns is already leaving and I wrote City of Miami Page 101 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 back to him because this still was an issue and I'm sony let's go hack a little bit. The July invoice should be online for you already. I'll void the other ones. That is Mark Burns replying to my request for his review of the balance that's being owed. That never happened. Go forward to August 11 th, payment amount, rent charges in July. It changed in June, shows a June balance. I mean, we start getting into this, the amounts aren't correct, the months aren't correct. I reach out to Ms. Lorenzo after an advisory board meeting in May and she has Gabriel Brito, one of your analysts. Someone had an analyst contact me and he was going to -- he updated our address, which had not been updated and I had written back to them in July that they still had my original address from five years before. So they send me these statements and they really don't make any sense to me. Also I want to point out that this statement ends February 1st of `22. This was generated in July and August. The July one I received the day that we closed, that evening when I got home in the mail. But it's claiming that I owe $15,869. There have been allegations about how I've done things or what I'm trying to portray. In May, the Parks Department sent us an email advising us that they wanted to put the facility out for bid. Until that point, we had been hopeful to have a meeting with them to discuss the possibility of building a permanent facility at our expense under the nonprofit. The response I got on the August 11 th meeting was that I should just go through an unsolicited bid process. Generally that's okay, except that you have an operator that has had a long history ofproviding for the community that is offering a benefit that is going to be a continuation and an increase of what we've been doing positively. And again, I'm not addressing the CU and BTR (Business Tax Receipt) issue. And I'm being told that my lease was up in May. This comes to the next e-mail. And I apologize if I'm jumping around. I don't feel like I'm being very, very clear But I want to point out on August 4th of 2020, in an unrelated records request, there's an email from Robert Ruano and Aldo Bustamante to Mark Burns inquiring about our space and Mark Burns replies, this is after the stated date of our termination that the contract at Virginia Key is almost up. We're in discussions currently with Parks Director to see what direction they want to go. My understanding is that at that point in time the direction of the Parks Director which I believe was Lara D'Souza at the time, was to find a path forward so that we could continue to offer services. We've been a good partner to the city and yes, there have been issues and yes, I've made mistakes, but I've never denied that I owe a payment. I just deny that I owe the payments that are being claimed and I think that the fair way to do this, the just way to do it in any business enterprise is to have discussions and meetings and come to an agreement, but I wasn't allowed that opportunity. Instead everything goes into hyper speed after I start addressing the issue of the encampment. And if I may, this wasn't intended as a direct attack towards Commissioner Carollo or any of you. It is, you know, when you come into an area, and again I'm sorry for the emotion, I don't do emotions well, when you come into something and you're taking away what a community has embraced and has dedicated time and effort towards building, and you tell them, because this body took a vote and made a decision, and you tell them we're going to take this away from you in six months' time, people are going to react very aggressively. And again, it's not a condemnation of assisting the homeless. It's not about assisting the homeless, but with all due respect, this isn't the right place for this. This is a park. It's a city park that is beloved by many, and whether I'm there or not, I hope that this body will see it for its value, not only to our residents, but to the visitors that come from all over the world to enjoy what services are offered. Do I believe that anybody else can do this the way that we do it? I don't. And this was just so vital even from the beginning. You know, if you look at my personal Twitter feed, I believe that ecology and economy can coexist. And for years, we didn't make much. And, you know, we've grown, we've done better. But we need to do better for this space. And again, regardless of whether I am there or not, that isn't my goal today. The only thing I ask for today is a fair opportunity to have a legitimate conversation to determine what's actually due. There were times, and I'm not using the correct terminology, I don't have a legal department, I don't have a secretary. I have Diana, I City of Miami Page 102 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 have Bradley, and I have the rest of my team. And we do employ approximately 17 people, and I say approximately because our guys are, you know, they come and go, but there are about 12 people that between part-time and full-time are there on a regular basis. Between salary and tips they make an average of $25 an hour, so they make a good living. It allows them to go to school, it allows them to pay their bills in a city that's increasingly expensive, and they're dedicated and I'm so proud of them. But here we are and -- and all of that is gone. In August, we first hear from Sandy Lila, 1 believe it was August 4th, and I don't have that email up, but between August 4th and August 12th, everything fell apart. On August the 9th, we received, for the first time, an accounting of the payments that had been credited to our account. And in that, it included a credit card payment, which turns out was the payment for the CU application. Clearly, that is not rent, but it was there. In terms of the, and this is a document that real estate, the possession date certificate, this was signed when we first took over the facility. After the first documents were executed, there was a delay in delivering the facility. The trailers were sinking into the ground. So you couldn't open the door against the deck. So it took several more weeks before we could actually start operating. And this possession date certificate states that the lease was signed on May 8th, that on -- that the expiration date would be June 26, 2020, not May, but June, and that's an important distinction. Because we move forward and there's language in the lease that was put in because we always anticipated that there would be seawall construction and that it would substantially disrupt what we were doing and that it would probably come right in the middle or towards the end of the lease when things were actually moving. And in fact that happened. But before we get there, something else happened in between and that was Irma. I'm going to switch over and I'm going to show you a couple ofphotos. Chair King: May I ask how much longer do you think? The Clerk keeps coming to me to let me know that. Ms. Alonso: Did I extend it? Chair King: Oh, you're way past ten minutes. Ms. Alonso: I'm so sorry. Just a couple minutes. Chair King: You're way past ten minutes, but I want you to be able to get your complete presentation out. I don't want to cut you short before you have the opportunity to say everything that you need to say on behalf of your organization. So, if you could give me a little bit of an idea. Ms. Alonso: I will. I will. Sorry, I will do my best to shorten it. Chair King: Okay. Ms. Alonso: Thank you. Okay, so we have the possession date certificate. We have Irma that comes through. We have to shut down after Irma, not because of the storm, but because the city is dumping mixed debris in that very field between us and the bike trails. And it's not a little bit, when you drive down the road, it's this massive wall of debris behind us. So we actually are moved over to Marine Stadium, where we go into temporary space. This is a space that had been left filthy There had been literally, bare wires coming out of the wall, but we were thankful that we had a place to operate. And we were actually operating there, and I don't think that there -- this is something that I realized after a meeting. We were operating under a special events permit not under our lease. But those months are being charged to us under the current amounts due and -- and then fast forward and we have COVID and again we're shut down. And what's important about COVID is that about two weeks after we City of Miami Page 103 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 open the seawall construction starts and the only, space that's available for social distancing is gone. So the only place it has that had trees, that had shadows, that had shade, it's now eliminated. So that did affect our ability to operate. There was there's a section in the lease about destruction of property and in the last part it says if as a result of a casualty, the area and or operations are substantially rendered unusable, rent is not due and the lease term is stayed. All in all, it is my belief that the full lease term should have been stayed, using the correct language, Jroa total period of at least 18 months to encompass both the seawall, COVID, and Irma. Those discussions were had with the prior lease manager. It's my understanding that they might not have been documented or were not documented. But I relied on what I was told, and 1 relied on the representations that were made to me. And that's my mistake, because I took the word of someone else as being accurate and correct. There is a portion in the lease as well that provides for a 60-day notice for changes and additions to the property. When the construction began on July 6, we had no prior notice that it was starting. I mean, we knew there would be construction, but the day we had been in meetings back and forth where we were going to move to, what we were going to do, how we were going to do it, and then all of a sudden they pop up and they leave the boat ramp open. So it was a deliberate attempt to not allow us to exercise the disruption option. But it did. But people still came because it's after COVID and people were desperate to do whatever they could to get out. Quick summary. On July 7th, I contacted DREAM (Department of Real Estate and Asset Management) about the billing error; the 21. On the 14th, there's some e-mail exchanges that I'm happy to provide you with those. On August 11 th, Mark Burns leaves the city. On August 12th, I start sending checks to the city. As the online portal, I can't send checks to the city. The online portal doesn't let me pay them, so I start mailing them in. Those checks were never cashed and those checks were never returned to me. I tried to contact the prior director of real estate. In fact, again, after the Virginia Key Advisory Board meeting, she was at that end, I was here, I walked over to her and I said, I need to meet with you, I've been trying to call you, there's a problem with my lease payments and she looked at me, she says, who are you? I said, I'm Esther. She says, no, who are you? I'm like, your tenant for Virginia Key Outdoor Center and she didn't know who I was. She says, well, reach out to me. But about a week later, she was gone. And then there was, again, turmoil and no one there. DREAM has asked me for that possession date certificate for financial reports that they couldn't locate that were submitted. And there seemed to be a number of items that weren't submitted, not included in this presentation, I'm going to go ahead and just close this down. And I'm happy to submit them to you. I found a few more text messages that I printed out. Going back to January 8th of 2020, where I reach out to Mark Burns and I tell him, hey, rent check I dropped off last month are still outstanding. This is my annual rent and my monthly rent. In January 28th, it is still outstanding. We keep going forward and I had to reissue the payments. These were large checks. There was always a discrepancy and Ms. Lorenzo even shared that there were some months that the amounts were incorrect, but I always took those amounts from what I was being told by the City. So were there errors? Absolutely. Were they exclusively mine? No, they weren't. Have I been provided an opportunity to discuss and negotiate this? I don't believe I have. I mean, you know, a lot of people today want us to reopen and it's really hard because I know that, you know, I'm not wanted there. But we still have an issue with what is owed. And I think, whether it's me or anyone else, it's just really important that we have some -- some valid numbers and that we come to -- to a legitimate and authentic resolution to the problem. Chair King: Thank you. Ms. Alonso: I'm going to wrap it up with that. Chair King: Thank you. Thank you, and we are going to hear from staff as well. I was very concerned when I heard that the outdoor center had been closed. I had no City of Miami Page 104 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 knowledge of it. And what we have here are two separate issues. Our tiny homes issue on Virginia Key, which again was never intended to he part of the historic Black beach. And now we have the issue of the outdoor center. And it happened in real time, both issues, and it got commingled. I don't believe that any of my colleagues had a hand in intentionally closing your operation down. I know I didn't. I can speak for myself and they -- I can only speak for myself and I'll allow them to speak. I had no idea that was happening until after it happened. I understand that you provide a service to our community, kayaking, paddle boarding. I love that stuff and I support those kinds of activities. But 1'd like to hear from staff because 1 believe that there has been a lot of misinformation, particularly, again, with the information that confused the tiny homes that was going on the historic beach. And you have just shown in your presentation that it was never intended to be on a historic beach. Ms. Alonso: No, no it was not. And if I may, I was always -- I always understood your position in the vote that you took, and I think you're right. Your district shouldn't have to have an unfair burden. You know we -- it's a citywide problem. Chair King: So, I'm going to give staff an opportunity to explain how did we get here, where we have a business that was closed. I understand it was the last day of your summer camp? Ms. Alonso: Yes, ma'am. Chair King: It was closed on the last day of your summer camp because I can tell you that there have been businesses that were closed in District 5 and no one gets notice. There was a restaurant that I would frequent weekly. The notice that that restaurant received that they did not renew their CU, not that they, didn't have a CU or a BTR, but they didn't renew it timely, this is the notice that they received. Chains on the door with a lock, and the owner couldn't get in. There was no come into the office and speak with Administration. And these are the things that annoy me. The disparities that occur in some districts versus others. While I was president and CEO (Chief Executive Officer) of MLKEDC (Martin Luther King Economic Development Corporation), I had a tenant that didn't have a CU. The police came and told me that if he went back in that place, he was going to be arrested. So having notice that they brought you in was a courtesy that I don't get in District 5. That is a courtesy that the small businesses in my district are not afforded. So, I'd like to have staff address the issues that she brought up because from what I understand it says that you applied for a CU in 2016? Ms. Alonso: 15. Chair King: 2015. Well, your CU's have to be renewed every year Once you apply for it and you receive it you have to renew it every. So I don't understand how this could have gone for so long. Because like I said, there was a restaurant that I frequent in my district before I became commissioner, and the restaurant didn't renew the CU timely. And how we found out was that chains were put on the door and a lock. He was not allowed in his establishment. So now I'll turn it over to the City Manager to provide some information and explanation as to what has happened and the path forward for us. Arthur Noriega (City Manager): Good afternoon, Madam Chair, Commission. So I'm going to give kind of a brief point of clarity here before I let Jackie do her presentation. It's evident by all the public comment this morning that there was sort of a commingling of issues which you you've just highlighted now, right? The homeless issue versus the outdoor club versus the historic Black beach, right? And I think in a lot of ways -- City of Miami Page 105 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Ms. Alonso: I'm sorry, I can't hear you. I'm hard of hearing. I -- Mr Noriega: I'll put it here. Ms. Alonso: Thank you. Mr Noriega: So, 171 repeat myself So there's been a commingling of issues, right, as evident by the public comment this morning. They are really in reality, unrelated, right? So we're dealing with an issue of whether we proposed, as staff to address homelessness and a place for them on Virginia Key as a proposal. There's the operation at the outdoor club and then there's the trust, none of which are really related in all practical -- for all practical purposes. And I think that sort of needs to be clear because a lot of the messaging this morning created a lot of overlap to those that didn't exist. So there's a lot of misinformation, right? So for purposes of the discussion today, we're only dealing with the issue of the outdoor club, right so, and the facility, and the operation therefore. So we did have a meeting last week in an attempt to get some clarity on what money is or is not owed. We didn't really reach any significant conclusion to that. As a result, Jackie will kind of go through a timeline because there has been an intent obviously to issue an RFP there. There also has been what is clear to me, some issues on our end relative to the past and relative to, you know, communication within our department. Some of the claims made during our meeting last week relative to commitments that were made by staff whether they be verbal or in writing, we haven't been able to substantiate any of those. We certainly can't find any reasonable amount of documentation. And in a follow-up conversation with Mr Burns, he has no recollection of any -- any commitment made to do any rent abatement. And one of the things that was clear as part of our meeting last week was, in spite of some of the impediments that you raised as relative to the hurricane, the pandemic, some of the seawall work. They remained open for the most part. There really wasn 't any stoppage in terms of operational -- of the operation and the access. And one of the things that was interesting as part of the commentary this morning was there was almost an implied intent on the City staff and from an administrative perspective to discontinue the operation at the outdoor club and that was never the intent. Obviously, we wouldn't be drafting an RFP if our intent was to change the operation and to you know limit access to the water. Our intent has always been to maintain that. I think the issue was we were having issues, obviously, with the current operator and those needed to be addressed. And as a result, we have an obligation to address those, right, whether they're past -due rent collection, whether it's the existence of a CU and a BTR. That's our responsibility. I can't speak for what prior administrations have done or have not done. I can only speak to what we're doing now and I have an obligation to do that. And one of the things we have been consistent on and my staff can speak to this is when we discover that the lack of active CU or a current CU in place, we have been very, consistent in terms of ceasing the operation there because that's what the code requires. With that said, Jackie if you want to kind of walk through the timeline you can. Vice Chair Carollo: (INAUDIBLE) I inquire if our Inspector General, our independent lnspector General, Mr. Guba, is here. Okay, he is. Okay. Alright. No, no, you don't need to come now. We'll save you until towards the end. I just wanted to make sure you were here. Okay? So if you could bear with us before I call you up again. Thank you. I couldn't see you, you were right sitting down behind the podium there. Chair King: You may proceed. Jacqueline Lorenzo: Thank you Madam Chair, Commission. Jackie, Jacqueline Lorenzo with the Department of Real Estate and Asset Management. I just kind of City of Miami Page 106 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 want to provide a timeline of how we got to this point, and I want to reiterate that this did not come up as part of the housing initiative in any way. This had been already going on since May of this year Originally the lease agreement was entered into with the Virginia Key Outdoor Center in May of 2015, and was set to expire in 2020. It was a five-year lease and the reason that is, is because if it's longer than five years, we're required to go to referendum. So, it was a five-year lease. In 2020, when it expired, it became a holdover month -to -month lease, terminable at will. Chair King: Is it a holdover month -to -month lease or is it just a month -to -month lease? Because they're two different legal ramifications. Holdover is required to pay triple the rent versus month -to -month, that's the tenancy. So, am 1 correct, Mr City Attorney? John Greco (Deputy City Attorney): I believe so, yes. Chair King: Okay, so, because one is more severe than the other As a holdover, they're responsible for triple the rent, and as a month -to -month tenancy, the City has agreed we'll go on a month to month until you negotiate a subsequent lease. So I do not want to make this any worse than it is. So which is it? Is it a holdover and she owes three times the rent or she is on a month to month tenancy? Ms. Lorenzo: Yes, ma'am. So the terminology in the lease is holdover, but it would be under the same conditions as currently provided. Chair King: So there is no penalty? Ms. Lorenzo: No penalty. Chair King: There is no three, okay. Ms. Lorenzo: Correct. Chair King: Just making that clear Mr Greco: That is correct, I apologize. Commissioner Diaz de la Portilla: Madam Chair, how much per month? Ms. Lorenzo: So it was based on the original rent numbers. Commissioner Diaz de la Portilla: How much? Ms. Lorenzo: Currently, the base rent was $1,194. Commissioner Diaz de la Portilla: $1,194 that's what she -- Ms. Lorenzo: Per month. Commissioner Diaz de la Portilla: Per month. There's no tripling of that, right? Ms. Lorenzo: No, sir. Chair King: Okay. You may proceed. Vice Chair Carollo: How much did it start originally per month? City of Miami Page 107 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Ms. Lorenzo: So it started at $750 per month, and then in the second year it escalated to $1, 000 per month, and then that has escalated each year by 3 percent. Chair King: Okay, I just wanted to make it clear that she didn't owe triple the rent. It's a month -to -month tenancy, and she owes monthly what the monthly rent was. Ms. Lorenzo: Yes, thanks for claming. Commissioner Diaz de la Portilla: Okay, Madam Chair, but I want to clarify because I'm trying to get educated here. Chair King: Go right ahead. Commissioner Diaz de la Portilla: Okay. What's the square footage where they were renting? What was the space? Ms. Lorenzo: It's the use area, which is where the facility, the actual structures are, the temporary -- Commissioner Diaz de la Portilla: The area, the space they use, not the actual structure. Ms. Lorenzo: So the use area is 2,056 square feet, but they have a non-exclusive ability to use the other space. So, for example, the boat launch. Commissioner Diaz de la Portilla: What's the total, question's simple, what's the total space that they have access to that they can use? Ms. Lorenzo: So I don't, I can look that number up for you, but it's -- it's basically all the public space. So they could technically use any of the park space there, the boat launch, it's on an unexclusive basis. They couldn't put any structures or anything on there. They would just be able to utilize it, invite their guests to that area. Commissioner Diaz de la Portilla: And who knows that square footage? Please, it's important for me. Vice Chair Carollo: I don't believe anybody's got the actual square footage. Chair King: While you, while staff looks for the square footage, can she finish? Commissioner Diaz de la Portilla: Well, look, Madam Chair I want to know the details. The details matter in these kinds of conversations. Chair King: I understand. Commissioner Diaz de la Portilla: So as I prepare my notes, I want to know the details. I don't want to get lost in the mix. Chair King: I see. Larry Spring: Just to address it very quickly, Larry Spring, CFO (Chief Financial Officer). For context, it's basically the square footage of the park, in essence. But we'll look up the actual square. footage. So it's multiples of acres. Commissioner Diaz de la Portilla: So they have access to all the acres .for $1,194. City of Miami Page 108 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Mr Spring: (INAUDIBLE). Ms. Lorenzo: In the same way that the public has access to that space. Commissioner Reyes: Well, now I'm getting confused. Commissioner Diaz de la Portilla: Well, not in the same way. Ms. Lorenzo: Well, no, you're right. They would be able to invite guests into that area as well. Correct. Commissioner Diaz de la Portilla: Correct. Okay. Ms. Lorenzo: Yes. Commissioner Reyes: Wait a minute. Let's clarify this. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: You said that it is for that amount she was renting the whole park or she could use, like anybody else, the facility of the park? Like anybody else, like any resident, non-resident, any individual that walks into the park that can, that she can use. 1 think, and correct me if I'm wrong, Commissioner, what he wants to know, and that I want to know, it is the square footage that was exclusively for her use. Chair King: For what she had exclusive use for Commissioner Reyes: That is, I mean, because -- Ms. Lorenzo: 2,056 square feet. Chair King: But she did not have exclusive use of the entire park, did she? Ms. Lorenzo: That's correct. Commissioner Reyes: No. Ms. Lorenzo: You're correct. Chair King: Okay. Commissioner Diaz de la Portilla: Did she have right of first refusal if she wanted to use more of the park? Ms. Lorenzo: No, sir. Commissioner Diaz de la Portilla: No, she didn't. So anybody else can come in and use it. Ms. Lorenzo: That's correct. Commissioner Diaz de la Portilla: Okay. Ms. Alonso: Excuse me, for services, there was, if there were additional services that would be contemplated, there was a language that t would be able to turn that down, but no other services were ever authorized. City of Miami Page 109 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Commissioner Diaz de la Portilla: So for exclusive services, you could, in effect, say, you come first, right? Ms. Alonso: Right, so if they wanted to do a concession for kiteboarding, or -- Commissioner Diaz de la Portilla: Right. Ms. Alonso: Then 1 would have an opportunity to say yes or no. Commissioner Diaz de la Portilla: Of course. That's what exclusive use is, right? V ce Chair Carollo: What? Commissioner Diaz de la Portilla: Right of first refusal, that's what that is, right? Ms. Alonso: Right. Commissioner Diaz de la Portilla: Yeah. Vice Chair Carollo: What part of the agreement is that in? Ms. Alonso: I believe it's in the uses. Vice Chair Carollo: Okay, because there's thousands of square feet that were being used. This is after the fact, so. But there were thousands of square feet that were being used to store KX, paddle boards, other equipment. I believe there was a container with bikes and many other things that were exclusive to the business. Not like anybody else that could come there and use it. Commissioner Diaz de la Portilla: Well, probably the better question, Madam Chair, is how much space were they using for whatever purposes for that 1,100 plus. How much space have they been using for storage, for exclusive services, somewhere else, for kiting, whatever? Pee Chair Carollo: Commissioner, I don't believe there's anybody, not even her, to give you an exact amount. I think -- Commissioner Diaz de la Portilla: But 1 want to still ask a question, if I may. Ms. Lorenzo: If you can give me two minutes just to get an aerial -- Commissioner Diaz de la Portilla: I'm just curious to know how much of our space they were using for those dollars. That what I want to know. Ms. Lorenzo: Right. So they were using the launch itself? Commissioner Diaz de la Portilla: I want to know how much space -- Ms. Alonso: Not exclusively though. The launch was always open to the public. Commissioner Diaz de la Portilla: I want to know how much space you're using for storage. The question is to the Administration, ma'am. Ms. Alonso: Sure. Commissioner Diaz de la Portilla: Thanks. And I apologize, Madam Chair, but it is City of Miami Page 110 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 important for me to get all the details as we move .forward. And I want to make sure that I don 't -- that we get it all right. Chair King: I was hoping that we would allow staff to look and she can continue to make the presentation. Commissioner Diaz de la Portilla: 1 understand, but 1 would think that staff would know that before they came here today because they knew what the debate was going to be about, right? No one is surprised about the debate so. Chair King: It should be in the lease agreement. Commissioner Diaz de la Portilla: It should be. Chair King: You know, the square footage. Commissioner Diaz de la Portilla: I think someone in staff should have read the lease agreement before they came in today. That's what I would have done if I were a member of staff Because they have to anticipate the questions that are going to be asked from the Commissioners, right? Vice Chair Carollo: If this would help, is there pictures of some of the areas? Chair King: And perhaps the easiest answer is, if you don't know, I don't know Ms. Lorenzo: No, I don't know with certainty because it's more than, it's not limited, right? Chair King: If it's not delineated in the lease agreement -- Ms. Lorenzo: Correct. Chair King: -- the exact amount of square foot, just say, I don't know, and we can move on. Commissioner Diaz de la Portilla: We can move on for now. Ms. Lorenzo: It is in the lease agreement. Commissioner Diaz de la Portilla: Because If you lease a thousand square feet and you're using 10,000, as I can see right here, then you're leasing a thousand square feet and you're using the whole park. You're interfering with other people's ability to use the park because they have stuff stored there. So yes, you may, not know for now, but I want to know Ms. Lorenzo: So -- Commissioner Diaz de la Portilla: Whenever you want to tell me. Ms. Lorenzo: Yes, a rough estimate based on an aerial image would be around three acres. Commissioner Diaz de la Portilla: Three acres. Chair King: Three acres. City of Miami Page 111 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Commissioner Diaz de la Portilla: How many square feet is that? I'm sorry, because I'm not good at math. Vice Chair Carollo: Almost 120,000 square feet. Commissioner Diaz de la Portilla: I know More or less. Okay. Ms. Lorenzo: That includes the boat launch area as well as the area surrounding the - Commissioner Diaz de la Portilla: So they were renting 2,000 -- 2,056 square feet and they were using three acres, right? 120,000 square feet. Okay. Commissioner Reyes: What was those dimensions you gave? Ms. Lorenzo: I'm sorry? Commissioner Reyes: The dimensions you gave is 400 what? Ms. Lorenzo: So it includes the-- it's not necessarily the dimensions. It includes the center itself the parking, the areas adjacent to it, as well as the boat launch. So that's an estimate around three acres. It's a hundred and thirty -- Commissioner Reyes: Three acres, but -- Chair King: But -- but be clear, it's not exclusive. Commissioner Reyes: Not exclusive -- Chair King: It's three acres, but it's not exclusive. Commissioner Reyes: Not exclusive. It is like she's renting that space that, let's say, that it is 500 square feet, but just like when you rent an apartment, you can use a parking lot, you can use a green area, that's part of your rental. It is not that you have exclusive use of that area. Chair King: You can't charge someone rent for space that they use that's not exclusive. Commissioner Diaz de la Portilla: Of course not. But if you take up a space. Commissioner Reyes: It is common area. Commissioner Diaz de la Portilla: But if you take up a space and the parking lot is full of cars and nobody else can park there, you're taking up the space. If you have all this kind of storage, all over three acres, who else can go there if something's in the ivay? I mean, it's common sense. Chair King: Right. Commissioner Diaz de la Portilla: And I know how leasing works. But it's common sense that if stuff is all over the place and no one can use the space, then they're renting it for a little bit under $1,100 and using three acres that no one else can use because it's taken up by somebody else. Chair King: So I think the point that you're trying to make is that -- City of Miami Page 112 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Commissioner Diaz de la Portilla: I think the point has been made. Chair King: Okay, so I don't need to say it? Commissioner Diaz de la Portilla: No. Vice Chair Carollo: If I could just say this that 1 don't think anyone can deny it that based on those pictures there was a large amount of land that she had the exclusive possession and was being used by them. Now, I'm not trying to get any more money out of her: What happened, happened. Shame on the City that it didn't do anything before. My concern is what she owes and moving forward. Commissioner Reyes: Yes, but I want to clam something that the Commissioner said. Let's define exclusive. And if I go to the park, can I park where all those cars were parked? Yes or no? Ms. Alonso: Yes. Commissioner Reyes: Then that's not exclusive. You see, let's not confuse. The important thing is -- Commissioner Diaz de la Portilla: If you can find a spot. If you can find a spot. Commissioner Reyes: Hold on a second. I think what is important here is the procedure that was taken was a procedure that was just, was unjust, how much does he owe, what can we do, what can happen, that's all that is important here you see. And then if we want to create a new lease or whatever, or future lease, and we want to be clarified what you can use and what you cannot use, then action will be taken. But now what we are deciding here is that this lady has been evicted from her business and what is important to me is the procedure that was used, if we had given her enough time to cure it, and as we do to anybody else, and if it is a possibility of trying to give them a chance. That's all that's important to me. And then what we do with that land, we can RFP it, we can do whatever other things that we have. Ms. Lorenzo: Yes sir Chair King: Thank you. Commissioner Reyes: And also, I want to clarify the perception that exists. And perception is everything. You see, it was ill-timed, and all of us can say that, the time that the eviction took place, it was ill-timed, and the perception (UNINTELLIGIBLE) it was cause and effect okay. Chair King: Right, which is what we're trying to clear up. Because it was i11, the actions of the City was ill-timed. And I want to make it clear today that this was not a retaliatory action taken on behalf of the City. Or if it was I want to know about that. But it was not a retaliatory action taken by the City because she and others spoke out against tiny homes, because one has nothing to do with the other. Please proceed. Vice Chair Carollo: Chairman, I'm sorry but she had been informed verbally since early this year, and in writing several months back that she even admitted here that they were going to send this out. for a request for proposal. In other words, a bidding process. So there's -- how in the world can anybody claim that the steps that we're taking is because of that when she had been notified before, now Esther's a very smart woman. I think she's a brilliant woman. City of Miami Page 113 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Ms. Alonso: Thank you. Vice Chair Carollo: That she got a lease like this from the former mayor that pushed it, a politically connected lease for $750 a month that was guaranteed. I think it's brilliant. That's very smart. And that's a fact. Ms. Alonso: May I? Vice Chair Carollo: Now; so that we don't go back and forth, let's put these pictures up, okay? Let's put these pictures up, because I'm not talking about the ramp that everybody could use to get in the water: I'm not talking about parking spaces. Pm talking about actual thousands of square feet that were used exclusively for her So 1'd like to have this up here so everybody can see this. Chair King: Mr Manager, can you get IT to -- Vice Chair Carollo: Including the media that's been drinking the tea. Chair King: Can you get IT to -- and in the interim, we'll have staff continue their presentation, please. Ms. Lorenzo: Yes, ma'am. So, Parks reached out originally to the tenant concerning the RFP to give them courtesy notice in advance. We're going to start this RFP (request for proposal) and we want you guys to know that your lease will terminate. They also advised that they were on a month -to -month basis. At that point, the tenant disputed that and said, no, we've been given extensions and our lease has not yet terminated. So in our review in DREAM, we went to review the files to determine if there was any kind of substantiation, any proof that there had been actually a tolling, and we found nothing. So we reached out to the tenant and said, please provide us this information. It's possible that someone didn't file it, or let's work together to try and find a solution to this. Give us the information, please. We received nothing. We received requests to meet and we said let's meet, provide us the information so that we could be prepared. Nothing. We were provided nothing. So we went back and forth trying to get this information. We submitted around 11 e-mails and this is in addition to verbal -- Chair King: So you said that there was an extension. Does the legal department have, because the legal department draws up all of the contractual agreements between the City and vendors. Did the City prepare an extension for this lease agreement? The City Attorney's Office? Ms. Lorenzo: No. Mr Greco: I don't know the answer to that. I would defer. Was there an extension? Ms. Lorenzo: No, there was nothing. So the lease agreement provides that in the event the use area, which is the area that is exclusive, the 2,000 square feet, in the event that the use area becomes unusable, that they could request for a tolling and an extension based on the amount of time that it was unusable. And there was nothing in the agreement that, and I'm sorry, there was nothing in the file that reflected any such extension or any such tolling. Chair King: Mr. City Attorney, could you check with staff to see if anyone drew up any document for this organization that would allow for an extension of the agreement? Because it cannot be in writing these contracts are written where it has to be the agreement of both parties in writing and it has to be signed and executed. So if you could please search, ask, determine if your department drafted an extension pursuant City of Miami Page 114 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 to this lease agreement. Mr Greco: I'll follow up. I'm getting -- I'm being advised there is no extension. Chair King: Commissioner Russell. Commissioner Russell: Thank you Madam Chair Just a couple questions for Administration. So the original lease under your calculations is supposed to be up this month, finished this month, correct? Ms. Lorenzo: No sir So on a -- so it's month to month. Technically the lease expired back in 2020. Commissioner Russell: Right. Ms. Lorenzo: And then we were on a month to month and so we, according to the agreement, have to give 30-days notice, and which we provided. So today would be the termination date. Commissioner Russell: So my question is, when were you planning to release an RFP? When would the award be expected for the next tenant, whether them or someone else? What was your plan for continuity of service to our residents? When was the RFP meant to be awarded? And were you planning on holding them over until then so that we would continue service? Ms. Lorenzo: So the original plan was to have them at the site until we could issue the RFP and go through that whole process. But the various variables and the information that 1 would like to go over with you all, we didn't really have a choice. Commissioner Russell: So that's where 1 would like to go toward this, is what led to the urgency for the termination of their agreement versus allowing them to continue through the finish of an RFP? Because for me, one of the priorities is to make sure our residents continue to have the service through each summer and throughout the year But as I know you're going to get to, what escalated? Ms. Lorenzo: Correct. Commissioner Russell: Whether the BTR, the CU, et cetera. And then my follow-up questions will be, why were those things not noticed for five years, seven years, and what made them so urgent now? Ms. Lorenzo: Yes, sir So I'll continue from where I was. When we reviewed the files and reviewed how much rent had actually been paid, we realized that not only -- well, we hadn't been paid since May of 2021. That last payment we received was May 2021, and that is absolutely the fault of the Administration for not identifying that at that time. We found that not only had we not been paid those previous months for base rent, we also hadn't been paid associated fees under the agreement. We also hadn't been paid percentage rent for the last two years. Commissioner Diaz de la Portilla: For who? Ms. Lorenzo: I'm sorry? Commissioner Diaz de la Portilla: You haven't been paid for what? Ms. Lorenzo: Percentage rent. City of Miami Page 115 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Commissioner Diaz de la Portilla: Percentage rent. Ms. Lorenzo: Which is really the bulk of the -- the revenues that we receive from the rent on the property. Commissioner Diaz de la Portilla: How much is that? Ms. Lorenzo: So, previously, in the previous two years -- the way it's calculated is 10 percent of revenues under $500, 000 and 12 percent of any revenues over the $500,000 mark. Commissioner Diaz de la Portilla: How much is that, dollars? Ms. Lorenzo: So in the previous, in the last two years that they did submit payment, it was estimated $48,000 and $49,000. It's not estimated, I'm son y it was $48 and $49,000 respectively. Vice Chair Camllo: (INAUDIBLE) -- Commissioner Diaz de la Portilla: 48 one year -- I'm sorry Commissioner; 48 one year and 49 the other Ms. Lorenzo: Correct. Commissioner Diaz de la Portilla: So, a IOOK. Ms. Lorenzo: Just under the 500 mark. Commissioner Diaz de la Portilla: On top of everything else they have not paid. Ms. Lorenzo: Correct. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Is that in addition to the -- should have been in addition to the rent? Ms. Lorenzo: The base rent, yes. Commissioner Reyes: Base rent plus 10 or 12 percent. Commissioner Diaz de la Portilla: So by the time we're done today, you're going to give us all the numbers on how much money they owe the City of Miami? Ms. Lorenzo: Yes, I can get that to you. Commissioner Diaz de la Portilla: Okay, so we're going to get there, right? Do we have to ask the questions or are you going to tell us? Ms. Lorenzo: No, no, I plan to tell you. I plan to give you the breakdown. Commissioner Diaz de la Portilla: Okay, okay. Mr Noriega: Jackie, can I clarify something? Vice Chair Carollo: (INAUDIBLE). City of Miami Page 116 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Mr Noriega: We don't have financials for the last two years. Ms. Lorenzo: Right, that's -- Mr Noriega: So, every bit of rent she's calculating is based on an assumption because the financials have not been provided. So understand that that undertaking in terms of that audit is what the auditor -- Commissioner Diaz de la Portilla: I understand the legality of it. So the vendor has not provided the financials? Ms. Lorenzo: Correct. Commissioner Diaz de la Portilla: Correct. So she has not submitted to the City what she owes us. Ms. Lorenzo: Right Commissioner Diaz de la Portilla: So we're guessing what she owes us. Ms. Lorenzo: We're creating a conservative estimate based on the two prior years. Commissioner Diaz de la Portilla: A conservative estimate. Okay. Ms. Lorenzo: Yes, because since COVID, there's been a significant increase in outdoor activity. So in those two years, there's been a lot more activity on the site. Commissioner Diaz de la Portilla: Yeah, but COVID has something to do with people reporting to the City what they owe us. Ms. Lorenzo: No, absolutely. You're absolutely right. Commissioner Diaz de la Portilla: Okay alright so what I want to know is, yeah cause Covid -- Ms. Lorenzo: I just mean the activity on the site has increased. Commissioner Diaz de la Portilla: Forget COVID and all that. We're not talking about COVID. Ms. Lorenzo: No, no. Commissioner Diaz de la Portilla: COVID has become the good excuse for everything else. They have a responsibility -- Ms. Lorenzo: Absolutely Commissioner Diaz de la Portilla: -- to give us how much money they're making and how much money they owe us. Ms. Lorenzo: Correct. Commissioner Diaz de la Portilla: So by the end of today, when the day ends, I as a Commissioner want to know how much money they owe us. Ms. Lorenzo: So at this time I can give you an estimate, but until they give me the City of Miami Page 117 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 financial statements which we've been responding. Commissioner Diaz de la Portilla: You'll give us your estimate. You'll give us an estimate. Ms. Lorenzo: I can absolutely give that to you. Commissioner Diaz de la Portilla: I'll wait for you to go through it. Okay. Ms. Lorenzo: Okay. Commissioner Diaz de la Portilla: Thank you. Ms. Lorenzo: Yes, sir Chair King: Okay, and to answer Commissioner Russell's question, the urgency, as I understand the code, once you identilY a business that's operating without a CU and a BTR, do we have an option to keep the business open without those two operating licenses? Ms. Lorenzo: No, ma'am. Commissioner Russell: That doesn't answer my question, though. The question was why for seven years it was not noticed by -- Chair King: No, you haven't answered that question, but I want to make it clear that there's nothing that we could have done because of the CU and the BTR, pursuant to code, you have to close the business until they cure that. But that doesn't mean that it had to be closed forever It doesn't mean that it had to be closed for a week or two weeks. As soon as you receive the CU and the BTR, you are eligible to reopen, correct? Irrespective of all the other issues, just -- Ms. Lorenzo: Right in a vacuum. Chair King: That's what caused code to go out and shut the business down. Ms. Lorenzo: Yes. Chair King: Correct. Ms. Lorenzo: Yes. Chair King: Okay. But we haven't answered Commissioner Russell's question, why it took so many years. Commissioner Russell -- Commissioner Carollo. Commissioner Diaz de la Portilla: Turn it on. Vice Chair Carollo: I said quickly so Commissioner Russell won't be in distress. Why did it take so long? There's only really two reasons. One is incompetency. The other is somebody wanted to look the other way. There's no in between. Unless you want to say there's a third way there's partly incompetency and partly looking the other way. But there's no other reasons. Now, I think this needs to be extremely, extremely made clear The $140,000 that the administration is going on is solely based on two years that they gave, I won't call it even a financials, they gave a couple of papers signed by an accountant that said that the gross amount that they made was so much both of the years, it happened that it was just slightly under half a million City of Miami Page 118 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 dollars. Never have they been audited, and part of the contract states that they have to agree to an audit if the city ever asked for one. So we're going on what they've given us, that those were the amounts they made from two and a half years ago, therefore it could be a lot more if they've made more money in the last two and a half years, and even more so if they, let's say so we could be politically correct, made mistakes in the amounts that they gave us of the volume that they made there. Chair King: Continue, please. Ms. Lorenzo: Yeah, and 1 did also want to clarify that that doesn't include any late fees that have to be calculated based on each payment date. So the estimate of $140,000 doesn't include those late fees. Commissioner Diaz de la Portilla: And what are those late fees? Ms. Lorenzo: I believe it is 10 percent. Let me just confirm right now. Commissioner Diaz de la Portilla: So another $14, 000 total? Ms. Lorenzo: I'm sorry? Commissioner Diaz de la Portilla: Another $14, 000 total? Ms. Lorenzo: Yes. Commissioner Diaz de la Portilla: Okay. Ms. Lorenzo: Well, it depends on the timing as well. Mr Noriega: No technically it's a rolling, it's a rolling. Ms. Lorenzo: Correct. Commissioner Diaz de la Portilla: It is a rolling one so even worse. Ms. Lorenzo: That is why you cannot calculate it at this moment because we have to go back and see which when each payment was made late and when to start applying the late fees. Commissioner Diaz de la Portilla: Okay so we need to know what that 10 percent on a rolling basis is for the two years it did not pay anything on the late fees, right? Ms. Lorenzo: Right. Commissioner Diaz de la Portilla: So we have an idea. So you will give me that number too, right, before the end of the night? Ms. Lorenzo: Well, I think that specific number of the late fees would have to be part of the audit. And that is something that we -- Commissioner Diaz de la Portilla: But you guys don't know that? Ms. Lorenzo: Well, it will depend on the application of the lees to the -- Commissioner Diaz de la Portilla: Why do you need an auditfor that? You know what people owe you, you know what the late fees are. Do we need an auditfor that? City of Miami Page 119 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Mr Noriega: Yes, because you don't know what she owes you because they haven't provided financials. Part of the reason for the audit is to reconcile that number. Remember, everything is relying on other numbers, right? So the percentage rent piece, right, is critical to this overall calculation and the calculation of the late ,fees. Without knowing what the financials are, without knowing what revenue was earned, I can't attach a revenue share. Remember, there was a critical sort of point made here that in the two months that we're basing these assumptions, or two years we're basing these assumptions on, the revenue had fell below the half a million -dollar mark. Well, what if the revenue is over that half a million -dollar mark when you do the audit, then a 12 percent of gross of a percentage rate would apply. So there's variables here that we can't verify because we don't have financials. Commissioner Diaz de la Portilla: Right, I know, I know. But you're estimating, right? You're guesstimating. The whole conversation so jrahas been on what you think it is because they haven't provided financials. So everything you've been doing today so far has been on guesstimates, right? Mr Noriega: Yeah. Assumptions. Commissioner Diaz de la Portilla: More or less what you think, assumptions or guesstimates, whatever you want to call them. Well, maybe it's this, maybe it's that, because they haven't done their due diligence of providing the records the city needs. Okay, so can you do the same thing for the -- Mr Noriega: Yes, we can make the same set of assumptions. Commissioner Diaz de la Portilla: I hate the word assumptions. So an estimate, a guesstimate -- Mr Noriega: However you want to reference it. You tell me how you want to reference it. Commissioner Diaz de la Portilla: Okay. You know what I mean. Mr Noriega: We'll do that calculation on the penalty. Commissioner Diaz de la Portilla: If we do it in one area, you can do it in another area. More or less how much -- Mr Noriega: Got it. I got it. Commissioner Diaz de la Portilla: -- in late fees, how much in this, how much in that. More or less what you think from the City's perspective. You work -- and I care about the City ,s perspective. They have their version, we have ours. So you tell us more or less what you think overall at the end of the presentation, based on everything. Now you start throwing late fees and you start throwing all kinds of stuff at us, right? Tell us more or less what you think, what the City thinks, that is the total of the owes us. Ms. Lorenzo: Yes, we can do that. Commissioner Diaz de la Portilla: Okay. Vice Chair Carollo: Madam Chair since this is relevant to the discussion that we're having at this point, if I could introduce this to the record, because I think it's very important that this be placed in the record. In particular with some of the statements that Ms. A lonso made before, that she wasn't provided the opportunity to discuss the City of Miami Page 120 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 moneys owed with the City. Chair King: Can I see that? And I'm going to pass it to the city attorney to read it into the record. Vice Chair Carollo: Yes. Chair King: I'nz going to have the City Attorney read it into the record and make a copy for all of us. Vice Chair Carollo: This is almost a month old. And frankly, this is the only way that we're going to clarify what she owes. Mr Greco: Okay. This is -- I just want to look at it myself before I read it. One moment. Vice Chair Carollo: When you get an attorney, you complicate things. Chair King: I want to make sure it's fair Vice Chair Carollo: You're still an attorney? Chair King: Yes, I am. That's why I'm trying to clear up the misconceptions that are being said. Commissioner Diaz de la Portilla: And a damn good one too at that. Chair King: Thank you very much. Vice Chair Carollo: No, it's got nothing to do with that. Mr Greco: I just wanted to look at the statute and make sure I could read it. Okay, it's dated August 17, 2022. Vice Chair Carollo: Almost of a month ago. Mr Greco: I'm sorry? Vice Chair Carollo: Almost a month ago. Mr Greco: And this is a letter from Theodore Guba to Esther Alonso Luft. The subject line reads, audit of lease agreement between the City of Miami and Virginia Key Outdoor Center LLC. The date is August 17, 2022. It says, Dear Ms. Esther M. Alonso-Luft, in accordance -- Chair King: Hold on one second. Ms. Alonso, did you receive this correspondence? Ms. Alonso: By e-mail. Yes, I did. Chair King: I just want to make sure that you did receive it before we read it. Ms. Alonso: Yes. Chair King: Okay. Making sure it is fair City of Miami Page 121 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Mr Greco: In accordance with the provisions of Section 48 of the City of Miami's Charter and Article 4 of the lease agreement between the City of Miami and Virginia Key Outdoor Centel; LLC, the Office of the Independent Auditor General will perform an audit of VKOC (Virginia Key Outdoor Center) to verify the propriety correctness of the rental payments remitted to the City. The audit will cover the period 2015 through 2022 and selected transactions prior and subsequent to this period. The primary objectives of the audit will be as follows, to determine whether the City and or the VKOC complied with the terms of the agreement, to determine whether the appropriate rent and fees were remitted to the City; to determine whether payments were remitted to the City in a timely manner, to determine whether any other amounts are owed to the City, to determine whether insurance coverage was adequate and in compliance with the terms of the agreement, to determine whether adequate internal controls were maintained, to determine whether rental remittances and other related transactions were recorded in the Citv's accounting system and deposited into the City's treasury, and other audit procedures as deemed necessary. Our audit will be conducted in accordance with government auditing standards issued by the Controller General of the United States. During the course of fieldwork, we will need access to all applicable records, written policies and procedures, trial balance, general ledger sales journal, subsidiary ledger, bank statements and deposit receipts, cash receipt journals, certificates of insurance, sales tax returns, federal tax returns and copies of all leases, sublease agreements. Raymond Ishmael, Audit Supervisor and Mala Kilnani, Audit Supervisor have been assigned to the audit engagement and will contact you shortly to conduct an entrance conference. Please feel free to contact me at 786-348-3910 and or Mala Kilnani can be contacted at 702. I'm hoping these are just Miami numbers, in any event. And there's an e-mail address. If you have any questions, we lookforward to working with you and your staff and this CC'd. Vice Chair Carollo: Mr Guba, did you receive any response to that e-mail almost a month ago? Ted Guba: No. Ted Guba, Auditor General for the City of Miami. Vice Chair Carollo: Why don't you raise the mic down. Mr Guba: I'm Ted Guba, Auditor General for the City of Miami. That letter was sent via certified mail to the Outdoor Center's location in Rickenbacker and also to the leaseholder's home address. I haven't heard anything back yet, although today we got the return receipt from the Rickenbacker location. It was returned undeliverable. We also sent it via e-mail to the e-mail address of the leaseholder That was supplied and we followed up with three phone calls on different dates leaving messages, and we haven't heard anything back. Chair King: She did. She did acknowledge that she received the letter by e-mail. She did acknowledge that. Thank you. Vice Chair Carollo: But by you having sent that to her, giving the opportunity to give you bank records, other financial information, so that this could be fully clarified. It's not accurate then that she wasn't given the opportunity to discuss monies owed to the City. Mr. Guba: I didn't hear that. Ms. Alonso: We were already closed. Vice Chair Carollo: I'm saying that by the correspondence that you sent her, that you're asking for financial records so that you can establish what is the amount that is City of Miami Page 122 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 indeed owed. It would not be accurate then, the statement that she made that wasn't provided the opportunity to discuss the money -- the monies that were owed. Mr Guba: Well I know the City is trying to determine the money she's owed from letters from their accountant and that would be one step to start with this but we need bank statements and other information. Commissioner Diaz de la Portilla: What he's asking is was she given the opportunity to respond? Mr Guba: Yes. Yes. Commissioner Diaz de la Portilla: To what you sent her the three, the e-mails and everything else. Mr Guba: Yeah -- Commissioner Diaz de la Portilla: Yes or no? Mr Guba: -- we haven't received any response. Commissioner Diaz de la Portilla: Yes, she was given the opportunity to respond, correct? Mr Guba: Yes. Commissioner Diaz de la Portilla: Okay. Mr Guba: It's been 20-something days. Chair King: Thank you. Commissioner Diaz de la Portilla: How many days? Mr Guba: 26 days since -- Chair King: Thank you. Thank you. She did acknowledge that she received it. Okay. Please complete your presentation. Ms. Lorenzo: So I'll wrap it up. Essentially, we had already been considering termination as an option because we weren't getting the information despite numerous requests when we discovered the issue with the BTR and the CU. So ultimately the termination had nothing to do with any comments made. We had been working to try and resolve these issues since May and the lease had been expired for over two years. The tenant was a month to month. They didn't provide the information. They were not paying us rent. They were -- and then they were operating illegally. That was pretty much the straw that broke the camel's back, and we determined at that point we shouldn't proceed with this lease. Chair King: What is the path forward? Because they provide, irrespective of who the operator is, and she has said that during her presentation, what is the path forward temporarily until you can have an RFP? Are we just going to not provide the service that is provided, the outdoor services? Is the City just satisfied with not having the operation until the RFP and then you award someone in, I don't know, six months later. What is the City's path forward? City of Miami Page 123 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Ms. Lorenzo: So we have a plan to implement the RFP, publish it early October. And then I also want to clarify that the outdoor center is not the only way to use that area. Anyone can bring their kayak or blow up paddle board or whatever and launch from there. So it's not like it's no longer operating. That space is still available to the public. And then we do have, with parks and procurement, plans to expedite as soon as possible because we do want to continue to provide this service to our community. Commissioner Reyes: Madam Chair: (COMMENTS MADE OFF RECORD) Commissioner Reyes: I have a question. Chair King: Okay, let Barbie -- Commissioner Reyes: Oh. Barbara Hernandez: And we're also in the interim of the RFP going out and when it's issued and awarded that we were looking at paddle- to put some kiosks out there if' people wanted to rent any -- Chair King: Rent the paddles? Ms. Hernandez: Yeah, because they can bring, as Jackie stated, they can bring their own kayaks and their own paddle boards out there. But along with that, in case somebody needed to rent it, we will provide the incentives with the pilot program with paddle in the interim. Chair King: Commissioner Reyes? Commissioner Reyes: Yes, I have a question on this e-mail from Mr Guba. Mi. Guba, this was sent the 17th after the fact, after the business was closed. Why wasn't that business, and I'm not only referring to this business, any business that it is in arrears in the City of Miami, why, don't we audit them before they are evicted? Because this came after the eviction. Mr. Guba: Yes. Commissioner Reyes: And I'm just wondering why we start an audit after the eviction, not before the eviction that it should be. And as soon as they don't stop paying, as soon as they become in arrears, they should be audited so we have all our numbers straight and we don't have to go back and forth on what we're doing there. Mr Guba: We are auditing all leases. We prioritize them based on the amounts of percentage rents that are derived from the location -- Commissioner Reyes: That is not the question. That is not the question. Mr. Guba: And -- Commissioner Reyes: I'm talking about the timing. I'm talking about the timing. Mr Guba: Well -- Chair King: Timing. City of Miami Page 124 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Mr Guba: Oh, the timing. Well, it was -- it was -- I was made aware of the issues over there, and I was not part of the process to close them down. I would have preferred to, you know, (UNINTELLIGIBLE). Commissioner Reyes: One question, who made you aware of it after, it was after they were evicted or before they were evicted? Mr Guba: That they were going to be closed down? Commissioner Reyes: No, you said -- you claim that once you are aware, you take action. You didn't take action before because you were never aware. You should have been aware. They should have informed you about this, you see, and there is a valid question and I agree with Commissioner Carollo, it's either, I mean, ineptitude or -- Mr Guba: I was not informed -- Commissioner Reyes: Hold on a second, hold on a second, okay. Just what I want to know is, because I don't want this to happen again, that we are going to start auditing after the fact. We have to audit before the fact. Mr Guba: No,1 understand that but 1 mean -- but 1 mean -- Commissioner Reyes: You see, because after the fact 1 mean -- Mr Guba: It's not going affect the audit simply because I mean we have companies like for the outside haulers for instance which sell their assets and so we do a closeout audit. This would be considered similar to a closeout audit. Commissioner Reyes: Well, then I strongly recommend, Mr Manager, that we keep an eye open and then those people that owes us and they're not paying and that start auditing then before we have to go to extreme and evict them. Mr Noriega: So, I'll let Larry sort of get into a little more detail, but he has a number of ongoing audits of various contracts we have. He's doing those now So, aside from this one, that's an ongoing process we engage in as a regular part of our audit trail in terms of the various leases we have. So he's doing those already. So they don't typically happen after the fact. They typically happen while the lease is still active. It just so happened that we shut this one down as a result of a CU issue, which is the timing -- Commissioner Reyes: But the CU issue, I mean, but it was many issues. With the CU, you see that I want to know why it was not a -- I mean, we have to have a, make an effort to get it. Or if there is opportunity to do it, that if she was given the opportunity to ask for a CU. Now, but what really, really, I mean, makes me question is, ask you, Mr Guba, is why we have this audit and request of information after, after the business was closed. Why don't we, and that's for you, why don't we start our audits once we start demanding money from the people that owes us, you see? Mr. Guba: This was a unique situation. I wasn't aware it was being done. Commissioner Reyes: Well, I don't know I'm not blaming you, sir. I'm blaming --you were directed on the 17th to start an audit. That's different. What I'm saying is, just like -- what took you so long to determine that we need all this information in order to give them a bill -- bill them. for the money that we needed. That's what I'm saying. Any business, any business that keeps records of people that owe them, of companies that owe them, they know who owes, who pays, and when they should be contacted and City of Miami Page 125 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 money should be demanded. Everybody. I mean, any business and any government does it. IRS (Internal Revenue Service) does it. Chair King: Mr. Spring, please. Mr Spring: Thank you to the Chair, Larry Spring. Commissioner and the Board as a whole, a couple things. We've been very clear about the past. We've had some issues. Since I've been back, and I'm going to go back to the procedure from before, having managed this area before. It was customary for us, as a lease was coining up for renewal, that we would initiate through the Auditor General an audit of the tenant or the lessee to make sure everything was in proper compliance so as we close out that lease or renew that lease, we had all the necessary information. So the timing of this in general context is not abnormal. Obviously with what we put on the record -- Chair King: Mr Spring, I take exception to that. I do not understand how she did not have a CU and a BTR since 2016 and it's coming to light in 2022. That is unacceptable. That is unacceptable. And had in 2016, 2017, and these licenses renew every year I know this because I was required to renew my license and I would get a notice every month, every month -- Mr Spring: Me too. Chair King: -- that your license hasn't been renewed, your license hasn't been renewed, you need to renew your license, you 're racking up this late fee and that late fee and then I'd get threatening letters to say, if you don't renew your CU, you are going to be closed down. How from 2016 until 2022? And I understand the timing is bad, and now that it is brought to light, we can't turn our face and not do anything about it. Mr Spring: Of course. Chair King: But it is a huge fail on staffs part that she has been able to operate since 2016 without a CU and a BTR and then it commingles with our efforts to do something for our homeless community. Mr Noriega: Larry -- Larry -- Mr Spring: And you do not need an audit -- Mr Noriega: Let me -- Mr Spring: I'm trying to answer it. Mr Noriega: -- but let me answer because you weren't here. Commissioner Diaz de la Portilla: You do not need an audit for that. Do you? Do you need an audit? Chair King: You do not need an auditor for that. Commissioner Diaz de la Portilla: Do you need an audit if you know they haven ' paid in six years? Mr Noriega: No, what you need is competent personnel managing the leases. So let's speak to that. City of Miami Page 126 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Commissioner Diaz de la Portilla: Correct so -- so -- Mr Noriega: None of those people are here anymore, right? None of the staff that was responsible -- Commissioner Diaz de la Portilla: Okay, so make sure you get it from now -- make sure you get -- Mr Noriega: -- for managing the department and managing those leases is currently here. Commissioner Diaz de la Portilla: But you also need an honest vendor that calls the City and says, hey, what's happening here? I don't have my CU, I don't have my BTR, how about this? I want to get it right. You didn't do that either, right? Ms. Alonso: No, I didn't do that because I -- Commissioner Diaz de la Portilla: You did not do that. Ms. Alonso: I did not, but ifI -- Commissioner Diaz de la Portilla: And the staff not you, the previous staff did not say, you do not need an audit for that, so Mr. Guba does not need to be here for that. It is aCUand aBTR. Mr Spring: Well can I answer that question about the CU? The CU, the reason why -- Chair King: Listen, can everybody kind of go through the Chair? I am being told by the City Clerk that it makes the minutes difficult to capture. Commissioner Diaz de la Portilla: A little weird. Chair King: Not because I want you to, by the way. I do not care, but because I just told him I don't care -- Commissioner Diaz de la Portilla: We're Cuban and we're passionate. Chair King: I know -- Commissioner Diaz de la Portilla: You know that, you know how it works. Chair King: I know, everybody's passionate about this, but -- Mr Spring: Through the chair -- Chair King: -- so to help our Clerk, our City Clerk out in preparing the minutes -- Commissioner Diaz de la Portilla: (INAUDIBLE). Chair King: Yes? Mr Spring: Through the Chair; to answer your question, your base question, when we look back at it, because the CU was never approved and issued in the first place, it never got into the cycle that you've been subjected to and I as a business owner in the City of Miami have been subjected to. Because I've gotten the same letters, the dunning letters, the reminding letters. I've actually had Code Enforcement show up in City of Miami Page 127 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 my office before because I was late paying my CU renewal. So it's happened to us all. This CU was never issued, so it never got into the system in the first place. That's why it never popped up on the renewals. Commissioner Reyes: Through the Chair I have a question. It says here that it was issued on 2015? Mr Spring: No, it was applied for Commissioner Reyes: It was applied. And what happened that it wasn't issue? Mr Spring: She never finished the process, so there was a DERM issue. Commissioner Reyes: And how come if it didn't finish the process, why didn't the City contact her and said, listen or whoever does not finish the issue and said, listen, you have not finished the issue, I mean all -- you have not provided the whole information, you cannot operate because you don't have a CU or a BTR. Mr Spring: She had notice of what was outstanding because she has the document that she put up on the screen. Commissioner Reyes: But then, action should have been taken before. Mr Spring: No, but it is the obligation of the business owner to follow through with those items. Commissioner Reyes: But we have to protect the City. We have to protect the City. Mr Spring: We do. Commissioner Reyes: A business should not operate without a CU or a BTR. Mr Spring: You're absolutely right. Chair King: So now I think we've covered this issue enough. What is our path forward now? And I think we've shown that it was not our doing. It did not come from this body because of your advocacy for the Tiny Homes Initiative. It certainly didn't come from me. And I can't speak to my -- I can't speak for my colleagues, but I can tell you that there was no effort. I didn't even know about it so there couldn't have been an effort on my behalf to shutter the organization for lack of not having your CU, your BTR. But what I'd like to know now is what would be the path forward to providing this service to the community? Where do we go from here? And I believe Commissioner Russell -- Commissioner Russell: Thank you. Chair King: -- and then I'm going to recognize Commissioner Diaz de la Portilla. I think he had asked first and Ijust -- Commissioner Diaz de la Portilla: It's okay. Chair King: Okay. Commissioner Diaz de la Portilla: We'll give a pass, he's got a couple of months. Chair King: Everybody's going to get an opportunity to speak. City of Miami Page 128 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Commissioner Diaz de la Portilla: It his district anyways so. Chair King: But I don't want to go over and over. I think we have established that it was a huge fail on the part of the City and how this came to be at this time was --was not good. Commissioner Russell: Thank you, Chair: I think you identified it, that the important thing is where we go from here. And for me, it's providing the good service to our residents and what the department recommended. They already said what they plan to do, which is free access for those who already have a kayak, a paddleboard, or a mountain bike. And that is not everybody in the City. The service provided through the rental, the education, the teaching, the tours is something that's quite valuable. The other is the automated rental service through credit card or app. And I don't know if you've seen the pilot program we're running in some parks, but there's a stand with four paddle boards on it. You can get the app, and you can pay for a rental and go out. No instruction and it's not the same thing. So what we have there is a very experiential service to our residents, which is very valuable with the classes and everything that they do there. I come from that industry. So it's not the same as putting out just a thing. So my goal would be if there is a path to compliance, that they come into compliance. And that we at least allow service to continue with rent -- full rent payment of compliance, full CU and BTR of compliance, until we have an RFP issued. Because that RFP could be three months, it could be six months, it could be challenged to a year, and that area will sit unserviced for our residents. That's my thought. Vice Chair Carollo: Ken -- Commissioner Diaz de la Portilla: It's my turn. Vice Chair Carollo: -- you don't want us to give you a concession there so you have something to do? Commissioner Russell: Not for the next two years. Vice Chair Carollo: We'll waive everything. Six years I think. Chair King: It's -- it's -- Commissioner, Commissioner please. Then we'll go to my Vice Chair. Commissioner Diaz de la Portilla: Thank you, Madam Chair. Look, I think that there's a clearly proven history of bad actions here. There has been testimony given that the vendor know -- knew that she had to have a CU, a BTR, and she never -- she applied for one but she never got one since 2016. She applied in 2015, she has been operating since 2016, you haven't had it, and you have not gotten one, and you continued to operate. It's also clear that you have not paid the city what you owe the city? Ms. Alonso: If may? Commissioner Diaz de la Portilla: That's right -- no I'm -- it's not -- it's not a debate. That you have not paid the city what you owe the city. I have never gotten an answer Ms. Lorenzo on what that total is. Am I -- do you have that number by any chance so I know just off the top of your head? Ms. Lorenzo: Well it -- on the -- on the total? Commissioner Diaz de la Portilla: On what -- on what this vendor owes this city? City of Miami Page 129 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Ms. Lorenzo: Well, it's $140,000 plus the late fees which we're -- we're working on. Commissioner Diaz de la Portilla: Okay, so whatever it is they still owe the city a lot of money. Ms. Lorenzo: Correct. Commissioner Diaz de la Portilla: I think parks has testified, Mr. Hernandez has testified they can provide the service over a period of time right until we get an RFP out, you said in October we'll get an RFP out -- Ms. Lorenzo: Right. Commissioner Diaz de la Portilla: -- and get a new vendor that maybe it's a more responsive and responsible vendor that can provide the service. We don't want to deny our citizens a service, but we also don't want to have bad actors providing the service. We also don't think that a rent, which is a, obviously a sweetheart deal for $750 for a lot of land, and now it's $1,194 for a lot of land that's being used, not rented, but you know, used, occupied. So I think that the logical alternative to all this, the simple solution is very simple. You terminate this vendor, that vendor is gone, the city provides a service, Parks Department, and they make sure that we, what Commissioner Russell recommended was what -- you know whatever app you mentioned, 1 don't know much about apps, it's your business, not mine. But you do what we need to do and you work with parks and get parks to provide the service so we continue to provide to our residents, our citizens, the opportunity to have those services there. We're not here to protect any particular vendor, and much less a vendor that has shown a number of actions over the number of years that have not been responsible actions towards the City and the City has lost a lot of money and has not been paid. So what I would recommend is that we terminate this vendor immediately. It is a month -to -month lease. And that we have the City take over the operation until the City can find a better actor or a better solution to the problem that we have. But this is to continue with someone who has violated the requirements of our city and the payments to our city has not paid it, doesn't even have the BTR or the CU or has not made the payments under the guise of providing a great service and no one else can provide. Apparently you have a monopoly in providing this service. I don't think you do. I think the city can do the same thing and I think other vendors can do the same thing. So what I would recommend is we terminate this immediately today, 30-day notice, get them out of there, the city can do it, and then we take from, we move on from there. That's what I would recommend. Chair King: Okay, let's hear from Vice Chair. Vice Chair Carollo: Look, to try to answer a lot of the questions that have been put forth here. How did this come to be? I'm going to tell you how it come to be. Like many things that I have seen since I came back four and a half years ago, that I have to ask myself how could this have happened in our city and how did it come to be? Now, I'm going to tell you that the north end of Virginia Key has become the wild, wild west, where anything goes. Everybody pats everybody's back, everybody are buddies. You know what it is that employees there, a low-level manager makes a decision to give two full-time employees of the city that are in salary and benefits over $100,000 to the trust, and nobody knows about it. And by the way, those two are not included in the 20 that I mentioned before, otherwise it would be 22 for the year. We have, I mean, I'm going to show you pictures to show you what's going on there. This is the park that's supposed to be closed the minute the sun goes down, and many weeks, just about every night or every other night, there were parties going on. There was liquor. And I'm not saying necessarily her but up in the tip that we're going on and this north City of Miami Page 130 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 end of Virginia Key, which, let me be clear, at least as long as I am here, and I think each of my colleagues feels the same, there will never, never never be apartments, condominiums being built, or all this baloney that has been thrown out there, Esther That's not going to happen. That's another of the campaigns of misinformation, disinformation, fake news, to try to shift the sight of what really was going on. Now, how many corporations, Ms. Alonso-Luft, do you have to work out of there? Ms. Alonso: Just the Outdoor Center: Vice Chair Carollo: Well, how about the Outdoor Connections, Inc.? Ms. Alonso: That's the non-profit. Vice Chair Carollo: The not for profit? Ms. Alonso: Yeah, we don't operate out of there. We bring events to the park. Vice Chair Carollo: Well, all the pictures that they're showing that you and family members or fitture family members are the board directors, all the pictures they showed, showed right at that place, that all the activities -- Ms. Alonso: Right, so Outdoor -- Vice Chair Carollo: -- are done there. Ms. Alonso: -- Outdoor Connections would bring people to the outdoors. Being that we were operating Virginia Key Outdoor Center, it made sense to support Virginia Key Outdoor Center. Vice Chair Carollo: Oh okay. Okay. Ms. Alonso: This isn't -- but we did events in other areas, and in fact, if you look at our spring break program for Outdoor Connections, you can see events at other areas. Vice Chair Carollo: Well, this is one of the areas that we're also going to have to get into. How much of what this so-called nonprofit, Outdoor Connections, Inc., and their gross revenue came from revenues there that should have been assigned to Virginia Key Outdoor Center and the city should have gotten a percentage? Ms. Alonso: I can give you that answer right now and that's zero. Vice Chair Carollo: Well, that's fine. You can give me the answer that you want, but I want the auditor to be the one that gives me the answer by being able to go -- Ms. Alonso: I can show the auditor the receipts for the events from Outdoor Connections that were paid to Virginia Key Outdoor Center. Vice Chair Carollo: Now, so there's no other corporation that you said? Ms. Alonso: No. Vice Chair Carollo: Okay. The City of Miami, as you heard, which I just found that out today, built this facility. And the other allegation that I heard today that I hadn't heard yet, because everything that I was hearing before was that how can you build tiny homes there? There's no sewer system. There's no water. It's going to cost you City of Miami Page 131 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 millions to get to it. There's no electricity. And the allegations that were made today by speakers were that we're trying to get them out of here so that we can use the sewer system that's there -- Ms. Alonso: Septic. Commissioner Diaz de la Portilla: -- and we can use the electricity that's there. Well, like Goldmeier used to say, surprise, surprise. So, we do have sewer systems there and we have electricity there. And apparently the City of Miami paid for all that, too. In fact, if we start figuring out how much the city paid in building this out, putting the sewers, putting the electricity, you've got to wonder how in the heck can anybody in their right mind have entered into a lease that the minimum guaranteed rent was $750 a month. Because we spent tens of thousands of dollars in putting this together out there. But we -- we did. The lease is two and a half years over. In other words, it expired two and a half years ago, any which way you cut it. Even if we go into the 18 months that she claims, but there's no documentation anywhere, anywhere, that she claims that she was given by someone in the city. Even if we claim that, it's been 28 months, or excuse me, two and a half years since this lease expired. So it's way, way over the time. It's been made clear by the statements today, but it could be done in additional ways that during the pandemic you were operating there. The question and again I'll address this. The City sometime in May of this year after having verbal conversations with Ms. Alonso-Luft -- Ms. Alonso: No sir. Vice Chair Carollo: -- sent e-mail to your corporation that talked about going to the request for proposal. In other words, going out for a bid. Precisely what you didn't want, because you really didn't go through that process before when you first got this. It was a different type of process that you did. And the bottom line is that I became the -- the target. If anybody was target it was me, because knowing that she was going to have to go for a request for proposal, and the city made it clear several months before in writing, boy, you know, it's good to jump and say that I'm going to become a leader in this so that once the city comes around, I could claim that that bad Joe Carollo was the one involved, or so-and-so was involved. And don't shake your head, because I saw your statements with the guy that helped you get this lease originally in his program twice. Twice. And you weren't crying then, you weren't feeling sorry for yourself then. You were joining with him, laughing, accusing Mr Diaz de la Portilla of having come back to vote for the item of the tiny homes because he had been given green, green -- Ms. Alonso: I never said that sir. Vice Chair Carollo: -- and Mr Regalado was all smiles saying, yeah, green, and you both said, yeah, money. Ms. Alonso: No, sir that is absolutely untrue. Vice Chair Carollo: Okay, well, the tapes are there. Ms. Alonso: You can play them. That is absolutely untrue. Vice Chair Carollo: It's pretty close -- pretty close to what I'm saying is what was said. Ms. Alonso: Never said that. City of Miami Page 132 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Vice Chair Carollo: I was attacked with the same thing that this is, the same thing as that bar in 8th Street, the same thing that I did, I'm doing to you. That's what Mr. Regalado put out. And then the mayor is getting attacked too, beyond others in the Commission as a whole. The three of us were pointed out directly in that first program. The second program was more the same. So ma'am, with all due respect, you were the one going out, putting this disinformation and misinformation out, trying to gather from anywhere, under any pretense, under anything you had to say, support Jrothis. And 1 know, look, if anything that I could understand is how things work in Miami, and particularly Miami of today. Every week you were getting a couple of media outlets that some nice PR (Public Relations) firm, I'm sure, that helped you, was heading -- leading you to them. And it was the same kind of attacks, the same kind of attacks, that were untruthful. Now, I don't care on the issue of the tiny home because I will tell you now, I think I've made clear already that there's no construction that's going to happen there in any way. No one here has any intention whatsoever of building anything out there. So anybody that wants to keep saying that, you're spreading a lie because you cannot show one iota of evidence that anyone up here in the city is looking to do that. Secondly, I had always stated that Virginia Key was not the main site that we wanted to go. If the county would offer a site in unincorporated Dade, that would be the ideal location. And within the last couple of weeks, conversations we've had with the county, the homeless trust, it does appear that we're going to have some sites in unincorporated Miami -Dade. And once, hopefully, we reach agreements to that, and these are conversations that are in process, then that's where we're going to build the tiny homes. So, this has got nothing to do -- and by the way, I71 say this for the record, while before we were afforded the opportunity by the Homeless Trust for the county of this other property in unincorporated Dade, I felt that outside of that, this was the best property that the city had away from any of our residential neighborhoods to put the tiny homes. I do not believe that the site in Virginia Key that we chose was necessarily the best site. There were some other sites there that were, in my opinion, better cheaper to have gone with it. But I wasn't making those decisions. Those were made before 1 looked into it. But this is neither here nor there, because none of this has to do with the tiny homes. This has to do that you haven't paid monies due to the city for a long time. This has to do that for whatever the reason, you didn't finish getting your CU. And that's not our fault. And we have an obligation to the residents of Miami, in particular a contract like this, that just because it's not a multimillion dollar contract, doesn't mean that it's not important. It is an important contract. And based upon what you were paying and reported that you were making, it's a pretty sweetheart of a deal of a contract. So this has got to do with you not paying the city what it's owed. And anywhere in Miami, in America, in the world, if you're leasing from government, from the private sector from whomever, and you don't pay what is owed, you're going to be taken out. Chair King: Commissioner would you like to go through your -- Vice Chair Carollo: Yes, thank you. I only want to show this, not because this is, we're going to charge her any more money or anything, of course not, but I want, because there was so much discussion going on, the people to see all the additional thousands of acres that were being used exclusively for her business. You see it all up there. You see it up here. Even tractor trailers with stuff all that is being taken by her Here's some more, another trailer more of the canoes, kayaks, picnic tables with -- I'm not counting the park area -- you got more trailers on the side, more equipment on this other side of the trailer. Over here now, is what I'm talking about the wild, wild west that we've had here. This is in the side as you go further in. That area is the highest area of Virginia Key. It's about, if I remember correctly, don't hold me to it, could be about 100 acres or so, give or take. The last 20 acres or so are actually the best parts of Virginia Key because you have a beach, at least I remember there was one there, and it overlooks directly, directly the restaurant, the beach of Fisher Isle, the marina City of Miami Page 133 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 of Fisher Isle. So that's a heck of a view from there. You talk about a million -dollar view. And it's got a beautrful view of downtown. Well, I don't know who's got all this there in the additional acres beyond her property. But they're certainly not paying the city any lease. I don't know if there's anything in writing that DREAM has that you're aware of this. Look at all this. And then in one of those pictures, I don't know if it's up here or not, there's a big sign. Danger; there you go, men drinking. And this is just not a sign, we have pictures that show people drinking, not just beer but alcohol. Here's one heck of a party going on at night in that site. There you go with the alcohol, the beer, it's a party in the daytime. Do you have any more pictures? Some more alcohol. 1, myself -- there's more beer Commissioner Reyes: Who authorizes this? Through the chair Who authorizes this activities? Vice Chair Carollo: Well if you could -- Commissioner Reyes: Yeah are these your activities? Vice Chair Carollo: -- if you could let me finish, Commissioner. Commissioner Reyes: No, no, I just want to know because they should pay for it. Vice Chair Carollo: Well, you're right. Look at this. Look at all this here. Now, one night, after all the brouhaha that she was closed down, I was invited to dinner in Key Biscayne. Which I went, it was a public restaurant. Nobody came to try to tire and feather me. Everybody was super warm and friendly and gracious. Nobody talked to me about Virginia Key. This -- and this is Key Biscayne, that should tell you how much overall the residents of Key Biscayne cared about this, it's five miles away from them. But coming back, it was about 10-15 or so, we saw a truck coming from Key Biscayne full of debris. I don't know what it had, whether it was dirt or what, and it went into the opening of Virginia Key that, you know, goes to the beaches, the sewer plant. So, we followed it to see where it was heading. Sure enough, it was heading to the sewer plant. To this day, no one can tell me what all these trucks that are coming from Kev Biscayne at night, what are they bringing to the sewer plant? Why are they going there at night? You know, it's like Zone 51. I -- I don't know. But that's a 107-acre plant. When I went there, there was no security to be found anywhere. But when I did go all the way to where Ms. Alonso-Luft has her business, right beyond that, almost entering, but not entering, the area of the mountain bikes. In fact, this is in the area where we were planning on putting the tiny homes right by the water There were about 15 vehicles that were parked and they were having on heck of a barbeque with a big barbeque fire. And there was a city vehicle that I find out now is from Parks, and they were looking at it all, not doing a thing. And this is the constant stuff. You go into the Internet, you'll see from last year, from before, this year, all the night activities that were going on there when this park was supposed to be closed. Now, let's go on to the mountain bike area. There have been, in the past several years, at least 68 incidents where paramedics had to -- were called and had to go to Virginia Key in this area. The bulk of those calls were to this area where the mountain bikes are. For what? For accidents. And there were more reports of broken bones than a Santero has with chicken bones that he throws in the backyard. In fact, one of the reports that I believe ended up in some kind of lawsuit, but I don't know what the outcome is, in the morning they found a bike thrown on one side, the individual on the other side and they were dead with a broken neck. The story that you could go with families out there into that area, beyond Ms. Alonso-Luft -- I'm talking in the area where the mountain bikes are at, that she doesn't lease, it's also a false narrative. You cannot walk there with little kids, even adults, and not risking getting run over by one of these bikes that are zooming through there and coming out of curves and so on. It's extremely City of Miami Page 134 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 dangerous. But more so, the point that I want to make, the organization that has this, or advertises this, the Mountain Bike Association for here, they're out of Hialeah. Oh, I know that they've got a business here, they pay a couple of bucks in taxes. They've got more rights than we, the ones that own homes and property in the City and live here. This is what they're trying to snake us believe now, but it's not so. The bottom line is that you can look at all the little kids in the summer camps that Ms. Alonso-Luft brings in, not too many people that look like you or Larry Springs or Natasha that go to that camp. In fact, one of the things that I was reading it said they were bringing them from Miami Beach. The pictures that I see of people kayaking, and I'm only bringing this up because of the other spin that some tried to give it today. I'm sorry, but 1 don't see too many African -Americans renting from you at all. Ms. Alonso: (INAUDIBLE) visited -- Vice Chair Carollo: And certainly the pictures don't show it. So you need to take the right pictures. The mountain bike area, it's the same thing. But the bottom line is, it's a very small -- it's a very small group of people that have taken over for themselves the whole northern point of the island, where, unlike any of us that can go there at night. We can't because the park's closed and most of us fbllow the law. They're using that park as their own. That area of Virginia Key has become the private domain of a very few. And 1 want to see it open to a whole city. I want to see dads bringing their sons, moms that might be single mothers being able to go out there, enjoy that whole beach and the view of Fisher Isle. Maybe they can't have an apartment in Fisher Isle, but they're going to have that million -dollar view without having to pay for it. Why should we have over 100 acres that a very, very, very small group is using, and we don't open that whole area up for a whole city? When they were doing this mountain bike thing, they said it was only temporary, for a short time. Oh yeah. Now that they're in the door, you know, it's like ticks. You know what you have to do with ticks to get them off you. Chair King: Commissioner, I would like, do you have any more of a presentation? No. I'd like us to move forward because we've got a lot of PZ (Planning and Zoning) items that we need to take up. What -- what is our path forward? We've lost two of our colleagues. Vice Chair Carollo: Okay, well, I think we should wait to get a full board, but in my opinion, Chair, the path forward has to be that we regain that whole north area of Virginia Key for all of the people of Miami, not just a small, very small minority. And in particularly on this particular -- in this particular business, I think the city has done what it needs to do. There's no way that we can bring any business back that owes us money, like this and so far has not given the city what the city has requested and is allowed to have under the contract that they originally entered into so that we can determine what is truly owed to our residents or not. So I think that we should have Parks do whatever they can to run that in the meantime. The RFP that I believe you have done already, I don't know. Ms. Lorenzo: The plan is to publish early October. Commissioner Diaz de la Portilla: Early October, right? Ms. Lorenzo: Yes. Vice Chair Carollo: Yeah. That Parks handles it, whether by itself or by bringing some additional people in a temporary basis until the RFP goes out. Commissioner Diaz de la Portilla: And Madam Chair -- City of Miami Page 135 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Chair King: Wait hold on -- Commissioner Diaz de la Portilla: Just to clarify it for you -- Chair King: Hold on one second. Commissioner Diaz de la Portilla: I'm sorry. Chair King: I'd like to hear from the Manager also, legally, what are Ms. Alonso's options? What is the path forward, irrespective of whether they continue to operate the center, their obligations here? Will she be able to apply for the RFP if she -- Mr Noriega: Of course. Chair King: -- if she resolves the issues with the City? Mr Noriega: Yeah, the only way she can participate as part of the RFP process is if all the financial responsibility and obligations she has is met. So she has to have -- she can't have any outstanding financial monies owed to the city, otherwise she can't participate. Chair King: Okay, but is Administration working with her, will you work with her to determine what is owed, what is outstanding, because there's a discrepancy in what you're saying and what you believe to be true. So I'd like Administration to work with her to determine what is owed in fact and what is fair. Mr Noriega: So hence the request for, by the auditor, for financials. Ultimately the timing of that and the review by the auditor right, is entirely subject to her providing the information that's been requested. Once that information is provided, the auditor understands he's going to move on it fairly quickly, but it's entirely dependent on receiving information, otherwise he can't move forward. Chair King: Five minutes. I want us to get to our PZ items. Commissioner Diaz de la Portilla: I know; but I -- I don't need five minutes. I need like two minutes. Chair King: Good. Commissioner Diaz de la Portilla: So it's even better So, two quick questions. The -- was it resolved, was Parks able to, let's say we terminate this contract. Is Parks able to hire vendors along the way between now pending the RFP being granted? Vice Chair Carollo: Sure. The Administration can handle that. Commissioner Diaz de la Portilla: I ju.st want to make sure that the services continue to be provided. Ms. Lorenzo: The service that we're looking at is the paddle program. Commissioner Diaz de la Portilla: Correct. Ms. Lorenzo: Which is a rental program of paddles and kayaks out of Virginia Key while the RFP is out. Once the RFP comes in, which should take three months, we'll bring it back to Commission for award. But ves, we'll be providing rental services. City of Miami Page 136 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Commissioner Diaz de la Portilla: Perfect. Okay, and then the second question is, the RFP will come out early October and what is your response time, in other words, how much time, Ms. Perez? You were honored today, so give me a nice answer okay? Annie Perez: Good afternoon, Commissioner. Commissioner Diaz de la Portilla: You are going to do a real -- (INAUDIBLE) -- congratulations, by the way. Ms. Perez: Good afternoon, Commissioner, Chairwoman. Commissioner Diaz de la Portilla: You are going to be able to do it real fast so we can make sure we have it? Ms. Perez: Yeah. We anticipate doing the RFP and bringing it to Commission sometime in January of 202 -- Commissioner Diaz de la Portilla: That is too late. Is there a way to do it faster than that? Ms. Perez: Remember the holidays are in between -- Commissioner Diaz de la Portilla: I know, we all have holidays -- Ms. Perez: -- we have to put 30 days -- Commissioner Diaz de la Portilla: I know. Ms. Perez: I know, but that is -- typically RFP is about six months, we're expediting this one to about four months. Commissioner Diaz de la Portilla: Mr. Manager, can you expedite that even more than that, you think, for us? Mr Noriega: We'll make every effort to make it faster. Commissioner Diaz de la Portilla: That is good enough. Ms. Perez: We always do. Commissioner Diaz de la Portilla: And of course, they can compete once they live up to their commitments, right? Ms. Perez: If everything is cleared up, otherwise they would be found non -responsible. Commissioner Diaz de la Portilla: Okay. Ms. Perez: I also wanted to proffer one more idea. Commissioner Diaz de la Portilla: Okay. Ms. Perez: If we are looking for a provider at this moment, if this body wishes, we could declare an emergency and hire somebody in the meantime. Commissioner Diaz de la Portilla: We could hire someone on a four fifths vote, correct? City of Miami Page 137 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Ms. Perez: Correct. Commissioner Diaz de la Portilla: If we wish to. We could also do that. We could also on September 22nd come up and have somebody else come in and take over the job immediately, right, with a four -fifths vote. Nice Chair Carollo: 1 think that's appropriate. Chair King: On a temporary basis. Commissioner Diaz de la Portilla: On a temporary basis -- Ms. Perez: Yes, until the RFP -- Commissioner Diaz de la Portilla: -- for three months or six months or whatever it is. Of course. Chair King: On a temporary basis. END OF DISCUSSION ITEM City of Miami Page 138 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE First Reading 9001 Planning, Zoning and Appeals Board 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 1, SECTION 1.2, TITLED "DEFINITION OF TERMS"; ARTICLE 2, SECTION 2.1.2, TITLED "INTENT"; ARTICLE 2, SECTION 2.2.4, TITLED "RULES OF CONSTRUCTION"; AND ARTICLE 7, SECTION 7.1.1, TITLED "AUTHORITIES," TO CORRECT CERTAIN WEAKNESSES THAT EXIST REGARDING THE INTENT OF MIAMI 21 CODE PROVISIONS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For additional minutes referencing Item Number PZ.1, please see "Public Comments for all Item(s). " Commissioner Russell: Yes, Madam Chair, I'd move to withdraw PZ.1. Chair King: Second. All in favor? The Commission (Collectively): Aye. Chair King: PZ.1 is withdrawn. Unanimously. City of Miami Page 139 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 PZ.2 ORDINANCE First Reading 10771 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), SPECIFICALLY BY AMENDING ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS", TO PROVIDE CLARIFICATION AND ADDITIONAL STANDARDS REGARDING OUTDOOR DINING AND OPEN AIR RETAIL; ALLOWING OUTDOOR DINING BY RIGHT IN CERTAIN CIRCUMSTANCES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. PZ.3 6608 Department of Planning MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Fortilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: Item PZ.2 was continued to the October 13, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.2, please see "Order of the Day." ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, AS AMENDED, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "PUBLIC PARKS AND RECREATION" OF APPROXIMATELY 1.87 ACRES OF A PORTION OF REAL PROPERTY LOCATED AT 5175 AND 5035 NORTHEAST 2 AVENUE AND FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF APPROXIMATELY 24.10 ACRES OF A PORTION OF REAL PROPERTY LOCATED AT 5175 AND 5035 NORTHEAST 2 AVENUE AND ALL OF 5125 NORTHEAST 2 COURT, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.3, please see "Order of the Day" and "Public Comments for all Item(s). " City of Miami Page 140 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 PZ.4 ORDINANCE First Reading 6117 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION PURSUANT TO ARTICLES 3 AND 7 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY REZONING CERTAIN PARCELS FROM "T5- 0", URBAN CENTER -OPEN, AND "T5-R", URBAN CENTER - RESTRICTED, TO "CS", CIVIC SPACE, AND "T6-8A-0", "T6-8B-O", AND "T6-12-0", URBAN CORE -OPEN, FOR THE DEVELOPMENT OF APPROXIMATELY 25.97 ACRES (1,131,253 SQUARE FEET) FOR THE "SABAL PALM VILLAGE SPECIAL AREA PLAN" ("SAP") GENERALLY LOCATED AT 5175 NORTHEAST 2 AVENUE, 5035 NORTHEAST 2 AVENUE, AND 5125 NORTHEAST 2 COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", CONSISTING OF A PHASED PROJECT DIVIDED INTO A MAXIMUM OF FOUR (4) PHASES WHICH INCLUDE APPROXIMATELY 2,929 RESIDENTIAL DWELLING UNITS, 400 LODGING UNITS, 168,011 SQUARE FEET OF OFFICE SPACE, 296,297 SQUARE FEET OF COMMERCIAL SPACE, 43,760 SQUARE FEET OF SPECIAL TRAINING/VOCATIONAL SCHOOL, AND 4,782 PARKING SPACES; MODIFYING THE TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PARCELS AND WHERE A REGULATION IS NOT SPECIFICALLY MODIFIED BY THE SAP, THE REGULATIONS AND RESTRICTIONS OF THE MIAMI 21 CODE APPLY; THE SQUARE FOOTAGE NUMBERS ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT BUT SHALL NOT EXCEED 5,899,658 SQUARE FEET OF TOTAL DEVELOPMENT AND SHALL CONTAIN A MINIMUM OF 195,272 SQUARE FEET OF CIVIC SPACE AND A MINIMUM OF 248,923 SQUARE FEET OF OPEN SPACE; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.4, please see "Order of the Day" and "Public Comments for all Item(s)." City of Miami Page 141 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 PZ.5 ORDINANCE First Reading 6118 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163, FLORIDA STATUES, BETWEEN SPV REALTY LC AND THE CITY OF MIAMI ("CITY") RELATING TO THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF NET 22.47 ± ACRES FOR THE SABAL PALM VILLAGE SPECIAL AREA PLAN ("SPV SAP") COMPRISED OF AN ASSEMBLAGE OF PARCELS LOCATED AT APPROXIMATELY 5175 NORTHEAST 2 AVENUE, 5035 NORTHEAST 2 AVENUE, AND 5125 NORTHEAST 2 COURT, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF REDEVELOPMENT OF LAND FOR MIXED USES; AUTHORIZING USES INCLUDING, BUT NOT LIMITED TO, RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, PARKING, AND ANY OTHER USES AUTHORIZED BY THE SPV SAP AND PERMITTED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN — FUTURE LAND USE MAP DESIGNATION AND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.5, please see "Order of the Day" and "Public Comments for all ltem(s). " City of Miami Page 142 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 PZ.6 ORDINANCE Second Reading 12008 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING APPENDIX E, BRICKELL CITY CENTRE SPECIAL AREA PLAN ("BCC SAP") OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TO APPROVE THE FOURTH AMENDMENT TO THE PREVIOUSLY APPROVED "BCC SAP"; TO MAKE PROVISION FOR THE ONE BCC SIGNATURE OFFICE DEVELOPMENT, AN ALTERNATE CONCEPT FOR THE ONE BCC PARCEL, WHICH MAY UTILIZE CERTAIN DESIGN FLEXIBILITIES THAT INCLUDES LARGER TOWER FLOORPLATES FOR THE PROPERTY GENERALLY LOCATED AT 799 BRICKELL PLAZA, 700 BRICKELL AVENUE, AND 710 BRICKELL AVENUE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: Item PZ.6 was deferred to the September 22, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.6, please see "Order of the Day." City of Miami Page 143 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 PZ.7 ORDINANCE Second Reading 12064 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), RECOMMENDING APPROVAL OF A THIRD Planning AMENDMENT TO A PREVIOUSLY APPROVED DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN SWIRE PROPERTIES, INC. ("APPLICANT"), AFFILIATED PARTIES, AND THE CITY OF MIAMI, FLORIDA ("CITY"), BY MODIFIYING THE EXISTING SAP REGULATING PLAN, AS AMENDED AND DESIGN GUIDELINES TO REFLECT CERTAIN REVISED BUILDING PARAMETERS FOR THE ONE BCC SIGNATURE OFFICE CONCEPT, LOCATED AT APPROXIMATELY 700 BRICKELL AVENUE, 710 BRICKELL AVENUE AND 799 BRICKELL PLAZA, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO MAKE PROVISION FOR THE ONE BCC SIGNATURE OFFICE DEVELOPMENT, AN ALTERNATE CONCEPT FOR THE ONE BCC PARCEL, WHICH MAY UTILIZE CERTAIN DESIGN FLEXIBILITIES THAT INCLUDES LARGER TOWER FLOORPLATES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: Item PZ.7 was deferred to the September 22, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.7, please see "Order of the Day." City of Miami Page 144 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 PZ.8 ORDINANCE Second Reading 12301 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Department of 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 "SINGLE-FAMILY RESIDENTIAL" TO "PUBLIC PARKS AND RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 600 SOUTHWEST 63 AVENUE, 610 SOUTHWEST 63 AVENUE, 601 SOUTHWEST 63 COURT, AND 615 SOUTHWEST 63 COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14090 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: Now, Mr. City Attorney, would you please read into the records the title of the planning and zoning items? Commissioner Diaz de la Portilla: Can we take a five-minute break? Vice Chair Carollo: Yeah. Commissioner Diaz de la Portilla: Five minutes? Vice Chair Carollo: I need to go to the restroom. Commissioner Diaz de la Portilla: Yeah, that's fine. Go ahead. I mean. Let him read it. Yeah let him read it. Chair King: I'm just going to -- he's going to read the, because for PZ (Planning and Zoning) he has to read all the titles. Vice Chair Carollo: Okay, but I just need to go to the restroom. John Greco (Deputy City Attorney): It might take a while. Chair King: We don't have to be here for that. Okay. Vice Chair Carollo: Make sure they don't stick anything in my -- Commissioner Diaz de la Portilla: You're the only one who cannot go to the restroom, sir Mr Greco: I think, Madam Chair, PZ.1, that was brought, I think that was, was that City of Miami Page 145 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 being withdrawn? Though I don't -- Chair King: I don't have that as being withdrawn. I have PZ.2 is deferred. PZ.3, 4, 5 is indefinitely deferred. PZ.6 and 7 is deferred. Lakisha Hull (Director Planning): Madam Chair, Lakisha Hull. So the -- Andy Parrish, he came during the public comment period requesting that PZAB (Planning, Zoning and Advisory Board) item, PZ.1, would be withdrawn at the request of the PZAB board members. PZ.24 captures that legislation. Chair King: Wait, 1 have to have two for that. What? Todd B. Hannon (City Clerk): We need a third. Commissioner Diaz de la Portilla: Yeah, we need a third. Mr Hannon: We have two Commissioners on the dais, we needed a third. Commissioner Diaz de la Portilla: Yeah so. Chair King: Well, he can continue to. There's -- Mr Greco: I'll read the other ones and then we can go back. Chair King: Read the other ones and well come back to that one. Commissioner Diaz de la Portilla: Can you read it? Mr Greco: I will. Yeah. Sorry. Okay, PZ.8. Chair King: Do you have to have us here for you to read it? Mr Greco: I have it. We're going to go to PZ.8 because the other PZ.2 through 7 were deferred. Chair King: Yes. Mr Greco: So, PZ8. Commissioner Diaz de la Portilla: Do we have to call Vicky? Mr Greco: No, no, I think we can. I might be able to handle it. Thank you. Okay, here we go. An ordinance of the Miami City Commission -- this is PZ.8. The Ordinance was read by title into the public record by Deputy City Attorney John Greco. Mr. Greco: PZ.9. The Ordinance was read by title into the public record by Deputy City Attorney John Greco. Mr Greco: PZ.10. The Ordinance was read by title into the public record by Deputy City Attorney John Greco. City of Miami Page 146 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Mr. Greco: PZ.11. The Ordinance was read by title into the public record by Deputy City Attorney John Greco. Mr Greco: PZ. 12. The Ordinance was read by title into the public record by Deputy City Attorney John Greco. Mr Greco: PZ.13. The Ordinance was read by title into the public record by Deputy City Attorney John Greco. Mr Greco: PZ.14. The Ordinance was read by title into the public record by Deputy City Attorney John Greco. Mr Greco: PZ.15. The Ordinance was read by title into the public record by Deputy City Attorney John Greco Mr Greco: PZ.16. The Ordinance was read by title into the public record by Deputy City Attorney John Greco. Mr Greco: PZ.17. The Ordinance was read by title into the public record by Deputy City Attorney John Greco. Mr. Greco: PZ.18. The Ordinance was read by title into the public record by Deputy City Attorney John Greco. Mr Greco: PZ.19. The Ordinance was read by title into the public record by Deputy City Attorney John Greco. Mr Greco: PZ.20. The Ordinance was read by title into the public record by Deputy City Attorney John Greco. Mr. Greco: PZ.21. The Ordinance was read by title into the public record by Deputy City Attorney John Greco. Mr Greco: PZ.22. City of Miami Page 147 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 The Ordinance was read by title into the public record by Deputy City Attorney John Greco. Mr Greco: PZ.23. The Ordinance was read by title into the public record by Deputy City Attorney John Greco. Mr Greco: PZ.24. The Ordinance was read by title into the public record by Deputy City Attorney John Greco. Commissioner Russell: Yes, Madam Chair, I'd move to withdraw PZ.1. Chair King: Second. All in favor? The Commission (Collectively): Aye. Chair King: PZ.1 is withdrawn. Unanimously. [Later...] Commissioner Reyes: Madam Chair. Chair King: Yes. Commissioner Diaz de la Portilla: Before we go into -- I'm sorry. Commissioner Reyes: I would like to move PZ.8 and PZ.9. They deal with the part that we are going to start. Chair King: Do you have a motion? Commissioner Diaz de la Portilla: I'll move it. Chair King: Second? Second? Commissioner Reyes: Second. I second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: PZ.8 and 9 has been passed. City of Miami Page 148 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 PZ.9 ORDINANCE Second Reading 12302 AN ORDINANCE TO 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 ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3- R" SUB -URBAN TRANSECT ZONE — RESTRICTED TO "CS" CIVIC SPACE ZONE FOR THE PROPERTY GENERALLY LOCATED AT 600 SOUTHWEST 63 AVENUE, 610 SOUTHWEST 63 AVENUE, 601 SOUTHWEST 63 COURT, AND 615 SOUTHWEST 63 COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14091 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.9, please see Item Number PZ.8. PZ.10 ORDINANCE Second Reading 12216 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Department of 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 "PUBLIC PARKS AND RECREATION" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES" AND" RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY GENERALLY LOCATED AT 1400 AND 1550 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14092 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla NAYS: Reyes Note for the Record: For additional minutes referencing Item Number PZ. 10, please see Item Number PZ.8. City of Miami Page 149 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Chair King: PZ.10 -- Commissioner Diaz de la Portilla: Thank you. I appreciate it. Chair King: Do I have a motion for PZ.10, 11 and 12? Vice Chair Carollo: Move. Commissioner Diaz de la Portilla: I'll move -- I'll second it, Madam Chair. Chair King: All in favor? Pee Chair Carollo: Aye. Commissioner Diaz de la Portilla: Aye. Commissioner Russell: Aye. Commissioner Reyes: No. Chair King: Aye. Which one? Commissioner Reyes: All of them. Chair King: You are no for 10, 11 and 12? Commissioner Reyes: Yes, because I am going to be very clear, and I have been consistent. This has to do with no net loss, which have been, this -- well the decision that has been made has made a mockery of no net loss, and you can mark me no and from 10 to 22. Chair King: 10 to 22, well we haven't gotten there yet, but -- Commissioner Reyes: Well, you can, it's going to be the same. Chair King: Right, okay. Commissioner Reyes: It's the same. Chair King: So -- Commissioner Reyes: You can bundle them up -- Chair King: Okay. Commissioner Reyes: and I'm going to -- because -- Chair King: So, 10, 11, and 12 is a 4-1 vote. Yes? Commissioner Diaz de la Portilla: Yes. Chair King: 10, 11, and 12 is a 4-1 vote. Passes 4-1. It's moving. Commissioner Diaz de la Portilla: Well, 12 being a four -fifths, right? Chair King: Four fifths. That's why I needed to get clarity. City of Miami Page 150 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Commissioner Diaz de la Portilla: We passed it, yes. Chair King: So that passed. PZ.11 ORDINANCE Second Reading 12217 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), PURSUANT TO ARTICLES 3 AND 7 OF Planning ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), REZONING CERTAIN PARCELS OF APPROXIMATELY 130 ACRES (5,677,404 SQUARE FEET) FOR THE DEVELOPMENT OF THE "MIAMI FREEDOM PARK SPECIAL AREA PLAN" ("SAP"), LOCATED AT APPROXIMATELY 1400 NORTHWEST 37 AVENUE AND A PORTION OF 1550 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; THE SAP CONSISTS OF THE APPROVAL OF A SOCCER STADIUM, NEW LODGING USE ("HOTEL"), COMMERCIAL SPACE, OFFICE SPACE, PARKING SPACES, PEDESTRIAN PROMENADE, PLAZA, GREEN CIVIC SPACE TYPE, AND A PUBLIC PARK; THE SAP WILL MODIFY THE TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PROPERTY AND WHERE A REGULATION IS NOT SPECIFICALLY MODIFIED BY THE SAP, THE REGULATIONS AND RESTRICTIONS OF THE MIAMI 21 CODE WILL APPLY; FURTHER CHANGING THE ZONING TRANSECT OF THE ACREAGE DESCRIBED HEREIN AND IN EXHIBIT "A", ATTACHED AND INCORPORATED, FROM "CS", CIVIC SPACE TRANSECT ZONE, TO "CI", CIVIC INSTITUTIONAL TRANSECT ZONE, AND TO "T6-8-O", URBAN CORE — OPEN TRANSECT ZONE; ALL AS FURTHER DESCRIBED IN THE REGULATING PLAN AND CONCEPT BOOK, ATTACHED AND INCORPORATED AS EXHIBITS "B" AND "C'; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14093 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla NAYS: Reyes Note for the Record: For minutes referencing Item Number PZ.11, please see Item Number PZ.8 and Item Number PZ.lO. City of Miami Page 151 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 PZ.12 ORDINANCE Second Reading 12218 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE Planning VOTE, PURSUANT TO SECTION 29-B OF THE CITY OF MIAMI CHARTER, APPROVING A DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN MIAMI FREEDOM PARK, LLC AND THE CITY OF MIAMI TO GOVERN THE LEASED PORTION OF THE MIAMI FREEDOM PARK SPECIAL AREA PLAN ("SAP") COMPRISED OF APPROXIMATELY SEVENTY- THREE (73) ACRES OF PROPERTY LOCATED AT APPROXIMATELY 1400 AND 1550 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, ("PROPERTY") FOR THE PURPOSE OF REDEVELOPMENT OF SUCH PROPERTY FOR A SOCCER STADIUM, PARKING GARAGE, AND OTHER USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO COMMERCIAL, LODGING, RETAIL, AND OFFICE, AND ANY OTHER USES AUTHORIZED BY THE SAP; SPECIFICALLY PROVIDING FOR THE SAP TO CONSIST OF A 25,000-SEAT SOCCER STADIUM, A PARKING GARAGE CONTAINING 4,960 PARKING SPACES WITH ROOFTOP SPORTS FIELDS, MIXED USE RETAIL AND COMMERCIAL, A HOTEL, AND OFFICES; THE SAP DEVELOPMENT SHALL CONTAIN A MINIMUM OF 6.55 ACRES OF CIVIC SPACE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND WITH THE MODIFICATIONS STATED HEREIN FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14094 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla NAYS: Reyes Note for the Record: For minutes referencing Item Number PZ.12, please see Item Number PZ.8 and Item Number PZ.10. City of Miami Page 152 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 PZ.13 ORDINANCE Second Reading 12219 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Department of 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 "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES" TO "PUBLIC PARKS AND RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 2735 NORTHWEST 10 AVENUE AND 2615 NORTHWEST 8 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14095 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla NAYS: Reyes Note for the Record: For additional minutes referencing Item Number PZ.13, please see Item Number PZ. 8. Chair King: So we have, do I have a motion for PZ.13, 14, 15, 16, Vice Chair Carollo: Move. Chair King: 17, 18, 19, 20, 21, 22, 23 motion? Commissioner Diaz de la Portilla: And 24. Chair King: And 24. Motion? Commissioner Diaz de la Portilla: Yes. So moved. Chair King: Second. Commissioner Reyes: Hold on a second. Commissioner Diaz de la Portilla: I know. You always -- Commissioner Reyes: 23 -- Commissioner Diaz de la Portilla: -- you always try to get it in there when you can. Commissioner Reyes: 23 and 24 they are not part of -- of -- of the no net loss so I would like to leave out 23 and 24 because I don't have anything against that. Chair King: Okay. So, we'll take those separate. So, PZ.13 through 22. Do I have a motion? City of Miami Page 153 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Commissioner Diaz de la Portilla: So moved. Chair King: Do I have a second. Commissioner Russell: I already have move by Commissioner Carollo. Second. Chair King: Okay. All in favor? Vice Chair Carollo: Aye. Commissioner Diaz de la Portilla: Aye. Commissioner Reyes: No. Chair King: Aye. Commissioner Russell? Commissioner Russell: Aye. Chair King: Motion carries 4-1. Commissioner Reyes: 1 guess. PZ.14 ORDINANCE Second Reading 12220 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 ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "CI", CIVIC INSTITUTION TRANSECT ZONE, TO "CS", CIVIC SPACE TRANSECT ZONE, OF THE PROPERTY LOCATED AT 2735 NORTHWEST 10 AVENUE AND 2615 NORTHWEST 8 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14096 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla NAYS: Reyes Note for the Record: For minutes referencing Item Number PZ.14, please see Item Number PZ.8 and Item Number PZ.13. City of Miami Page 154 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 PZ.15 ORDINANCE Second Reading 12221 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Department of 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 "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES" TO "PUBLIC PARKS AND RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY GENERALLY LOCATED AT 150 NORTHEAST 19 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14097 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla NAYS: Reyes Note for the Record: For minutes referencing Item Number PZ.15, please see Item Number PZ.8 and Item Number PZ.13. PZ.16 ORDINANCE Second Reading 12222 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING CODE OF Planning THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "CI", CIVIC INSTITUTION TRANSECT ZONE, TO "CS", CIVIC SPACE TRANSECT ZONE, OF THE PROPERTY GENERALLY LOCATED AT 150 NORTHEAST 19 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14098 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla NAYS: Reyes Note for the Record: For minutes referencing Item Number PZ.16, please see Item Number PZ.8 and Item Number PZ.13. City of Miami Page 155 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 PZ.17 ORDINANCE Second Reading 12223 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Department of 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 "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES" TO "PUBLIC PARKS AND RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF A PORTION OF REAL PROPERTY GENERALLY LOCATED AT 1950 NORTHWEST 12 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14099 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla NAYS: Reyes Note for the Record: For minutes referencing Item Number PZ.17, please see Item Number PZ.8 and Item Number PZ.13. PZ.18 ORDINANCE Second Reading 12224 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 ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "CI -HD", CIVIC INSTITUTION — HEALTH DISTRICT TRANSECT ZONE, TO "CS", CIVIC SPACE TRANSECT ZONE, OF A PORTION OF THE PROPERTY GENERALLY LOCATED AT 1950 NORTHWEST 12 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14100 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla NAYS: Reyes Note for the Record: For minutes referencing Item Number PZ.18, please see Item Number PZ.8 and Item Number PZ.13. City of Miami Page 156 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 PZ.19 ORDINANCE Second Reading 12225 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Department of 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 "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES" AND "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "PUBLIC PARKS AND RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 1641, 1649, 1651, AND 1680 NORTHWEST 5 STREET AND 1610 NORTHWEST 6 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14101 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla NAYS: Reyes Note for the Record: For minutes referencing Item Number PZ.19, please see Item Number PZ.8 and Item Number PZ.13. City of Miami Page 157 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 PZ.20 ORDINANCE Second Reading 12226 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 "CI", CIVIC INSTITUTION TRANSECT ZONE, AND "T5-L", URBAN CENTER TRANSECT ZONE — LIMITED, TO "CS", CIVIC SPACE TRANSECT ZONE, OF THE PROPERTY GENERALLY LOCATED AT 1641, 1649, 1651, AND 1680 NORTHWEST 5 STREET AND 1610 NORTHWEST 6 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14102 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla NAYS: Reyes Note for the Record: For minutes referencing Item Number PZ.20, please see Item Number PZ.8 and Item Number PZ.l3. PZ.21 ORDINANCE Second Reading 12227 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Department of 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 "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES" TO "PUBLIC PARKS AND RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 3851 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14103 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla NAYS: Reyes Note for the Record: For minutes referencing Item Number PZ.21, please see Item Number PZ.8 and Item Number PZ.13. City of Miami Page 158 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 PZ.22 ORDINANCE Second Reading 12228 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 ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "CI", CIVIC INSTITUTION TRANSECT ZONE, TO "CS", CIVIC SPACE TRANSECT ZONE, OF REAL PROPERTY GENERALLY LOCATED AT 3851 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14104 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla NAYS: Reyes Note for the Record: For minutes referencing Item Number PZ.22, please see Item Number PZ.8 and Item Number PZ.l3. City of Miami Page 159 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 PZ.23 ORDINANCE Second Reading 11616 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ARTICLE 6 "SUPPLEMENTAL REGULATIONS" AND APPENDIX J: Planning WYNWOOD NEIGHBORHOOD REVITALIZATION DISTRICT ("NRD-1") OF ORDINANCE NO. 13114 ("MIAMI 21 CODE"), AS AMENDED, MORE SPECIFICALLY BY AMENDING ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS" TABLE 13, APPENDIX J SECTION 2, TITLED "PURPOSE AND INTENT", APPENDIX J SECTION 3, TITLED "GENERAL TO ZONES", APPENDIX J SECTION 4, TITLED "STANDARDS AND TABLES" AND APPENDIX J SECTION 5, TITLED "SPECIFIC TO ZONES", TO ESTABLISH A PROGRAM FOR MICRO DWELLING UNITS IN THE WYNWOOD NEIGHBORHOOD REVITALIZATION DISTRICT ("NRD-1"); TO AMEND THE SCOPE OF REVIEW OF THE WYNWOOD DESIGN REVIEW COMMITTEE ("WDRC"); TO AMEND THE OFF-STREET PARKING REQUIREMENTS RELATING TO EXISTING STRUCTURES AND FOR NEW SMALL-SCALE DEVELOPMENT; TO AMEND THE REQUIREMENTS OF ATTAINABLE MIXED INCOME DEVELOPMENTS; TO AMEND THE SMALL BUILDING PARKING STANDARDS; TO AMEND ROOFTOP DEVELOPMENT STANDARDS; AND TO AMEND THE REQUIREMENTS FOR PAINTED ART MURALS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14105 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, 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.23, please see Item Number PZ.8. Chair King: And now well take up PZ.23 and 24. Commissioner Russell: So moved. Commissioner Diaz de la Portilla: I'll second it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Yes. Chair King: Unanimously. It's unanimous. City of Miami Page 160 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 PZ.24 ORDINANCE First Reading 11824 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ARTICLE 4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE Planning OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TITLED "STANDARDS AND TABLES", MORE SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 12, TITLED "DESIGN REVIEW CRITERIA", TO AMEND THE CRITERIA FOR THE REVIEW OF ENTITLEMENTS APPLIED FOR UNDER THE MIAMI 21 CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.24, please see Item Number PZ.8 and Item Number PZ.23. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 161 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 NA.1 12551 Office of the City Clerk NA - NON -AGENDA ITEM(S) MOTION A MOTION OF THE MIAMI CITY COMMISSION TO RECESS THE CITY COMMISSION MEETING SCHEDULED FOR THURSDAY, SEPTEMBER 8, 2022 AT 9:00 A.M. AND RECONVENE SAID MEETING ON TUESDAY, SEPTEMBER 13, 2022 AT 9:00 A.M. MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla (COMMENTS MADE OFF RECORD) Chair King: All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): Chair, just for the record -- Chair King: Yes. Mr. Hannon: -- so, the meeting will stand in recess and will reconvene on Tuesday, September 13th, 2022, at 9:00 a.m. at City Hall in the City Commission chambers. Chair King: That is correct. Mr. Hannon: Understood. Chair King: Thank you. Mr. Hannon: So again, the meeting stands in recess. City of Miami Page 162 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 NA.2 12582 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE RESIDENCY REQUIREMENT BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO KRISTOFER HERNANDEZ AS A MEMBER OF THE COMMUNITY RELATIONS BOARD. ENACTMENT NUMBER: R-22-0349 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla ABSENT: Reyes Todd B. Hannon (City Clerk): And I have one non -agenda board item. It is a non - agenda item for the Community Relations Board. Commissioner Russell is requesting a four -fifths residency waiver as it relates to Kristofer Hernandez, who was appointed on July 19, 2022, to the Community Relations Board. Commissioner Russell: So moved. Commissioner Diaz de la Portilla: Well, I have a question. Why are you naming a board member, you're leaving in three months? Commissioner Russell: Thank you. So, this is a board member that was requested by Lovett McGill several months ago. We appointed him and he's just let us know that even though he owns a business in the city, he's now moved just outside of the city and so he let us know that his residency has changed but he'd like to fill out the end of his term until I leave, so that the next Commissioner can choose his successor. But I'm happy with Ms. Lovett's recommendation. I have his resume here if anyone would like to look at it. So I'm in support of the four --fifths to let him stay to the end, but it's the will of his body. Commissioner Diaz de la Portilla: He doesn't live in the city? Commissioner Russell: He just moved out. Commissioner Diaz de la Portilla: Okay. Vice Chair Carollo: You're still living in the city? Commissioner Russell: Yes, sir. Vice Chair Carollo: You haven't moved yet? Commissioner Russell: No. Vice Chair Carollo: My God, 15 months after you sold the house, Ken. Commissioner Russell: I'm going over Ibr dinner. Commissioner Diaz de la Portilla: He'll move in three months. 90 days. We're almost there. City of Miami Page 163 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Chair King: Do I have a motion? Commissioner Diaz de la Portilla: I'll move it. Commissioner Russell: Thank you. Chair King: Second? Commissioner Russell: Second. Chair King: All in favor? The Commission (Collectively): Aye. Vice Chair Carollo: Needed four -fifths right? Commissioner Russell: Yes, sir. Vice Chair Carollo: I did vote aye, right? Commissioner Russell: Thank you. Vice Chair Carollo: Okay. Chair King: Okay. Mr Hannon: Chair, that concludes the boards. Chair King: At this time, our meeting is in recess. We will -- our meeting is in recess, we'll be back at 2 o'clock. Commissioner Diaz de la Portilla: No. We have an Omni CRA (Community Redevelopment Agency) meeting, Mr. Clerk. Chair King: But I have to close this meeting to do that meeting. Commissioner Diaz de la Portilla: Yeah, I know, but we are going to reschedule that meeting. So do we need to convene to reschedule or can we just cancel it? Mr Hannon: Cancel. We will take care of it from there. Commissioner Diaz de la Portilla: The Omni CRA meeting has been canceled for today and rescheduled for September 22nd. Mr Hannon: Understood, sir Commissioner Diaz de la Portilla: Okay. Chair King: This body will reconvene in two hours. Commissioner Russell: And the Midtown CRA, I'll take just before we reconvene, please. Thanks Chair King: Okay. City of Miami Page 164 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 NA.3 12584 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO OPERATE THE LOCATION PREVIOUSLY OPERATED BY VIRGINIA KEY OUTDOOR CENTER AND PROCURE THROUGH EMERGENCY PROCUREMENT PROCEDURES A VENDOR TO PROVIDE COMPARABLE SERVICES UNTIL AN AWARD IS MADE UNDER A FORTHCOMING REQUEST FOR PROPOSALS. ENACTMENT NUMBER: R-22-0350 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes NAYS: Russell Commissioner Diaz de la Portilla: Okay, so do you want to make the motion Commissioner Carollo, or do you want me to make it? Vice Chair Carollo: You can go ahead and make it. Commissioner Diaz de la Portilla: I'll make the motion we terminate the contract. Vice Chair Carollo: Well, the contract is terminated. Chair King: The contract has been terminated. Commissioner Diaz de la Portilla: It's been terminated. I mean, the motion of the Parks Department will handle it on a moving forward basis until we convene again on September 22nd and perhaps consider other options available to us. Chair King: Okay. And I want to make it clear that I have a motion and a second. All in favor? Commissioner Diaz de la Portilla: Aye. Commissioner Russell: No, no, no, no, wait. Discussion. That's to -- Chair King: Okay. Commissioner Russell: -- because there are other options. Chair King: Okay hold -- Okay wait -- We're going to have a discussion, but I want to make it clear -- Commissioner Diaz de la Portilla: Well the other option is -- Chair King: I want to make it clear, Ms. Alonso, staff will work with you, provide the documentation so we can clear up the issue on how much is owed, when it was owed, obtain the documents so that you can be a participant in the RFP (Request for Proposal), because legally, you can't if you owe the city money, you can't, so -- Esther Alonso: I understand. City of Miami Page 165 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Chair King: -- let's move forward so that you can clear up with staffs assistance and they will work with you diligently. This will be a priority so that this will be able to be resolved. You can apply, you can participate in the RFP because I know that you've done a good job out there with the paddleboafding. I've listened to everyone, and I want you to have an opportunity. And I don't believe that all of this is her fault. Not having a CU (Certificate of Use) from 2016 and it just being brought to your attention now, I don't feel like you can bear the responsibility of that alone. Ms. Alonso: And Chairwoman, I know you've allowed me time, but if I may just have two minutes? Chair King: No, we don't need to. Ms. Alonso: But it's relevant to what's been said and I'll give you the documents. Chair King: It's -- give it to staff. I want to move the agenda, but I want you to know that staff will work with you. Get the information to the auditor he will work with -- we will make it a priority . I want to hear from Commissioner Russell he has an alternative to the motion that's been proffered. Commissioner Russell: Thank you. 1 think four months without proffers, it's not easy to gear up a new service to replace what they're doing now. And if we could bring them compliant, financials, CU, BTR, within this next few weeks, they could provide that service for the next four months. They're already there, the jobs, the experience, and the reviews they have, they are a good service operator. They have not been great with their paperwork this last couple of years and the payments. But if we can get them compliant, that's why we're not Code Enforcement, we're code compliance, we try to bring our good vendors into compliance. And if we could, then we at least fill out that four months without a question mark for our community. This is the busiest time for the water sports industry is this fall and winter months. And it's a good time for them to make money and for us to make money. They weren't getting cheap rent. 10% of their revenue when they're making, you know, half a million dollars a year is not bad. It's a small business. And if we can get them compliant and they can keep their folks working and we can keep the service to our residents, that would be the path I would prefer But it would be up to the Administration if they can help them get compliant and if they're willing to be compliant. That would be my position. Chair King: Commissioner Reyes. Commissioner Reyes: Yes, I strongly agree with Commissioner Russell. And given the fact that both the city and her have made mistakes. Both. Commissioner Russell:: Yeah. Commissioner Reyes: I mean, I cannot blame her only without blaming the city. I cannot blame the city without blaming her You see, both made mistakes. And -- and I agree that -- and we all the time, I agree that we give always a chance for people to cure the problem. We are going to go into an RFP, and if she cures all of the compliance and all of that, she'd be able to go into an RFP but why don't we give her time just as you stated to come into compliance and go into RFP and keep running the rental until I mean, four weeks, six weeks, whatever If she doesn't come into compliance, then she will go out and she won't be able to go into an RFP. But we'd have to give him a chance because it is the blame is shared. Commissioner Diaz de la Portilla: We have a motion. City of Miami Page 166 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Commissioner Reyes: The blame is shared. Vice Chair Carollo: I disagree -- Commissioner Diaz de la Portilla: We have a motion so let just vote on it. Vice Chair Carollo: -- in the way that you're presenting it. But since it's up for discussion, and we're discussing it. Has she done anything to try to move forward and cure and get her certificate of use? Arthur Noriega (City Manager): I mean, no, not that I'm aware of. Pee Chair Carollo: And here we are. Ms. Alonso: May I respond to that? Commissioner Diaz de la Portilla: Commissioner can we -- can we call the question so we have a lot of things on our agenda? Let's go ahead and vote it up or down. Vice Chair Carollo: Well but I thought that was important -- Commissioner Diaz de la Portilla: Yeah so -- Vice Chair Carollo: -- to get on the record. Look, if this is the matter of just a CU, I would go along with this motion, even though she hasn't made any effort still to have gotten that, because any normal person, if they would have been shut down like this, they would have immediately started to make sure that they could get their CU. She hasn't. And what did she do? She went back to the political process to see how she could put political pressure here. And frankly, this is how she thinks she's going to resolve this, through the same way she got the contract, through politics and political godfathers. Now I cannot go along with that with someone that owes the residents of Miami at least $140,000, but it could be much, much more because we're only basing that based on two years of what she told us. We don't know how accurate that half a million, close to half a million -dollar numbers are, or not. It could be much greater than that. So those are the reasons I can't go along with that. So be -- be it. Commissioner Diaz de la Portilla: The motion is to -- Chair King: Hold on -- wait, hold on. Commissioner Diaz de la Portilla: Yeah, clarify the motion. Chair King: Have you made attempts to obtain your CU since -- Ms. Alonso: I did. I went to the Code Enforcement Office and met with them, and they advised me that because the agreement had already been terminated, I didn't have enough time to begin the process and complete it before the end date, which is actually today. Vice Chair Carollo: Are you aware of any of that, the Administration? Mr Noriega: No, but technically she's spot on correct. As of today, she's no longer a tenant, so she wouldn't be able to get a CU without a lease. So -- and it's my understanding that all the equipment has been removed from the site so. Ms. Alonso: We have Ow things left. City of Miami Page 167 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Mr Noriega: She'd have no mechanism to obtain a CU because she doesn't currently have a lease. Commissioner Diaz de la Portilla: So the motion -- Vice Chair Carollo: She has 30 days before though. Commissioner Diaz de la Portilla: Or five years actually, but, -- so the motion would be to send it over to Parks, right? In essence. Vice Chair Carollo: Yes. Commissioner Diaz de la Portilla: That's the motion. Chair King: Temporarily. Correct? Commissioner Diaz de la Portilla: Temporary until -- Chair King: Temporarily so that -- Commissioner Reyes: Before we vote, can I clarify why 1 don't vote and I'm not going to vote in favor of this? 1 agree that we have to be very forceful with those that owes us money, but also have to be also very, very forceful with the people that they don't do the job and allow this to happen. In the previous years I have been here I have seen many of -- of our vendors that they had owed money to the city and have given a chance to correct it, and they have done it. And in the name of fairness I cannot vote without -- in favor of this without giving the chance of correcting. But she has to correct and -- and -- and be able to apply and be part of the RFP, her or anybody else. When we make a mistake, we have to be -- 1 would say adult enough of looking at myself in the mirror and I said, we blew it ourselves too. She did, we did also. Chair King: I agree, and as I understand it, because what you just said, and legally, you cannot get the CU. I didn't -- I didn't realize that, but you can't get the CU because you don't have an existing lease. So I think the path forward for you would be to resolve the outstanding issues so that you can apply with everyone else, with the RFP. In the interim, because you don't have a lease, you don't have a CU, you can't get it, you have the issues with what is owed to the city, I think it's responsible for us to allow someone temporarily to get -- because you won't be able to do what is required within a week or two, and I think we want to continue to provide the services, but 1 want to see you have the opportunity to apply. And I --I will, if you'd like, I will keep in touch with Administration to make sure that they are moving as quickly as possible to resolve your issues. I will give you that pledge. But for now because there is no other path forward for you to open again tomorrow I'm going to allow a temporary -- someone to operate this site until they can get the RFP. But if you can come back in two weeks with this resolved, because it's supposed to be an emergency person, but if you can come back in two weeks and you've resolved all of that then I will be in favor of you taking it over until the RFP is issued and then you can apply for it. Commissioner Reyes: That is fair. Chair King: That's fair? Commissioner Diaz de la Portilla: Fair. Chair King: That's fair. Do you feel like that is fair? City of Miami Page 168 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Ms. Alonso: It is there just -- I'll be perfectly .frank, there are so many issues on the set -offs that I do not think it will happen within a two -week period. We have everything from months that are being claimed that under Section 13.1 of the lease, I believe should not be claimed and I can put that into the record for you for ease of reference. You know, on the CU issue, I had inspections dating even as far down as 2017 and we could cite it for a CU and it was cleared. So I did believe that we had one and -- and that's a mistake. Chair King: Right, we're not going -- Ms. Alonso: But going forward -- Chair King: -- we're not going to -- Ms. Alonso: But there were -- Chair King: We have a path forward now Ms. Alonso: We do Chair King: We have a motion. Staff is going to work with you. I'm going to make sure that they work with you, get the documents that they need, sit down. The City Attorney's office will also work with staff to make sure. And 1 am sure Commissioner Russell will be a part of this as well, right? To make sure that it is a fair process. Ms. Alonso: I just want to make sure you understand the set -offs include everything from repairs that we were expected to make after the city collected money from FEMA that didn't go back into the facility. There were at some point about two years ago the city started collecting parking fees from the walk-up customers and our business was significantly reduced and I can document that. I'm happy to show that to the auditor And I'd like to put on -- Chair King: I recommend that you get an attorney to be an advocate for you. Ms. Alonso: And for the auditor none of those audit letters have any time -- Chair King: Right Ms. Alonso: -- frames or even -- Chair King: So, time is of the essence -- Ms. Alonso: -- explanations as to what they need. Chair King: -- for this issue. This is going to require all of your attention to get this done. Ms. Alonso: I understand. Chair King: And I would recommend that you get an attorney to assist you with this process because those issues that you are bringing out, it's more than we can address or should address. It should be addressed with Administration so that you are treated as fairly as possible. Ms. Alonso: Thank you. City of Miami Page 169 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Chair King: So with that, do I have all in favor? Aye. Commissioner Diaz de la Portilla: Aye. Commissioner Russell: No. Chair King: Okay. Todd B. Hannon (City Clerk): Chair, Jrothe record, motion passes 4-1 -- Chair King: 4-1 Mr Hannon: -- with Commissioner Russell voting no. Chair King: Right. And for the record, my vice chair alluded to it. As a result of this tiny homes issue, what happened, the unintended consequence, is that more people got involved with our homeless issue. I'm a member of the Camillus House for many years and I care deeply for the homeless population. And what has happened is that now Miami -Dade County and the City of Miami are in communication and I believe that together we have a path forward. So as my colleague stated, there will be no tiny homes on Virginia Key and 1 wish you good luck. Ms. Alonso: Thank you. I appreciate it. Just one -- one quick -- Commissioner Reyes: Madam Chair hold on a second. Chair King: Yes. Commissioner Reyes: Is that going to be two weeks or four weeks? Chair King: However long she needs. Commissioner Reyes: However long she needs. Chair King: They're going to -- Commissioner Reyes: Okay. Chair King: They're moving -- Commissioner Reyes: However long you need. Chair King: The resolution -- Commissioner Reyes: Do you hear that? Vice Chair Carollo: Yeah, but there's got to be a cutoff. Chair King: Well, I mean, if she doesn't have the information -- Ms. Alonso: Well, there'll be an RFP. Chair King: Right, but ifshe doesn't have the -- ifshe hasn't resolved it by the time the RFP goes out then she won't be able to apply. Commissioner Reyes: That's right. City of Miami Page 170 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Chair King: I mean we can't -- we can 't circumvent the law but I'm going to make sure that the staff works with you so that it's not sitting on someone's desk for three weeks and then you can't. Commissioner Reyes: And to -- Chair King: Commissioner Reyes? Commissioner Reyes: And also, as you just stated and what we voted on, if she resolves this then she could go back and manage until the -- the -- the -- her business, go back to her business until the RFP, that's what -- that's what you said. Commissioner Diaz de la Portilla: That's not the motion. Chair King: The motion is to allow someone to temporarily operate this space. Commissioner Reyes: For now Chair King: For now Commissioner Reyes: 1f she solves it, then she goes back. Commissioner Diaz de la Portilla: No. Chair King: If she resolves it, well, you had said within two weeks, before. Commissioner Reyes: Four weeks. Commissioner Diaz de la Portilla: I never said two weeks. There was never a time frame. If she resolves it, she can apply for an RFP. Commissioner Reyes: No, no that was -- Commissioner Diaz de la Portilla: It's not that she -- no, the motion was not that. I made the motion. Commissioner Reyes: Well, I want to rescind the -- my vote because if -- Commissioner Diaz de la Portilla: Then vote no. Commissioner Reyes: I voted, I voted, no -- no, yes, I vote no. Commissioner Diaz de la Portilla: Well vote no, it's fine. Commissioner Reyes: It's my prerogative. Commissioner Diaz de la Portilla: But -- but that's not the issue. Commissioner Reyes: But I understood that what Madam Chair said, that -- that and - - I mean go back to the record -- Chair King: Well, that parks -- Commissioner Reyes: -- that she would be able to come back. Chair King: Yeah, because I did say that. Parks is going -- Parks is going to operate it City of Miami Page 171 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 for the next two weeks until we can get someone to operate it in an emergency basis, but that would take like two weeks. Commissioner Diaz de la Portilla: Right but not -- not -- not them. It could be -- Chair King: But if she resolves her issues -- Commissioner Diaz de la Portilla: Oh yes well but it doesn't have to be her right? The Commission has to vote on it. Chair King: Right but if she resolved her issues she will have an opportunity to operate the center -- Commissioner Reyes: Okay. Chair King: -- temporarily until the RFP goes out. Ifvou can get through -- Commissioner Reyes: It is granted, until the RFP is granted. Chair King: Right, but we're going to have a temporary operation -- the Parks Department is going to operate it temporarily, and then they're going to find someone on an emergency basis to operate it until the RFP process is done. Commissioner Reyes: After the RFP is granted and -- and she'll be able -- will be able to compete and then -- Chair King: She most definitely will be able to compete in the RFP. Commissioner Reyes: -- and if it is granted to her, then -- Commissioner Diaz de la Portilla: Just not to cloud the issue from my perspective, to make sure we are okay, I think we already voted on it, but that is okay. The point is that if people have not complied with our rules and regulations they should not be told, hey do this and you come back in two weeks. Chair King: The City Attorney is trying to -- John Greco (Chief Deputy City Attorney): After Commissioner Diaz de la Portilla: Go ahead. Mr Greco: I didn't want to interrupt you, Commissioner, but I do want to also say that it might be better to -- I understand you want to give this -- you know give her an opportunity if she's able to clean everything up. However, understand that it's not that easy because you -- we -- she is technically now -- does not have a lease. And then you have charter implications. What I would suggest that maybe if you want to revisit that, however you would do so, but we would have to really look at it because it -- I don't -- it's not just as simple as if she gets her books in order that she can come back in. Commissioner Diaz de la Portilla: Of course not. Mr Greco: Because it's -- because she doesn't have the lease anymore. Commissioner Diaz de la Portilla: No, no, no she doesn't have a lease it means that she would need a four fifths vote to get the contract again. That's what it means. City of Miami Page 172 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Chair King: On an emergency basis. Commissioner Diaz de la Portilla: Right, but it needs a four -fifths vote. Chair King: Well then -- okay but let her -- Commissioner Diaz de la Portilla: So what happens is that we give -- the only thing we are doing today is giving it to Parks. Chair King: Right. Commissioner Diaz de la Portilla: Issuing an RFP, which they already told us by October, but it's not as if you can come back in two weeks and get it back because it doesn't work that way. Chair King: I understand that, but if she gets her -- if she gets everything clear and we are voting on the person that's going to operate it on an emergency basis and she is eligible -- Commissioner Diaz de la Portilla: Yes. Chair King: I understand it takes a four -fifths vote, but she will be eligible to -- Commissioner Diaz de la Portilla: Right. Chair King: -- throw her name -- Commissioner Diaz de la Portilla: Of course. Chair King: -- in the hat for the emergency operator -- Commissioner Diaz de la Portilla: Yes. Chair King: -- until the RFP is done. Commissioner Diaz de la Portilla: Yes. Mr Greco: I just wanted to make sure that everyone understood that there was a process that we have to follow. Chair King: But I understand it's not easy. She has several hurdles' to get through. Vice Chair Carollo: Can I bring something -- Chair King: Yes. Vice Chair Carollo: -- forward? Chair King: Yes. Vice Chair Carollo: And I think it's important. We've voted already, but I think it's important to get it on the record. This comes from their website that we can all look at. It says our locations. It's got Virginia Key Outdoor Center, main one. Then it's got one that says Virginia Key Outdoor Center South, Historic Virginia Key Beach Park at Virginia Beach, open on weekends only, Friday, Saturday, and Sundays, 5:30, excuse me, 11:00 a.m. to 5:30 p.m. So, you do have another location that you're City of Miami Page 173 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 working from. Ms. Alonso: We're not working, sir. We shut that down because it was just a pop-up. When this ceased to operate, so did that. Vice Chair Carollo: Okay, well, alright. Chair King: So, we're going to move on because we've already taken the vote. We're going to move on. Vice Chair Carollo: One additional thing that I want to get on the record for anybody in the future. Mr Manager, can I have the Parks Director come up for a minute? Madam Parks Director Barbara Hernandez: Yes sir Vice Chair Carollo: What is the fee that is charged of all vehicles that enter that part of Virginia Key? Ms. Hernandez: It's $8. Vice Chair Carollo: $8 for parking, and when you came in, what did you find? That your parks part-time employees were not charging because again, the story was that she was given by someone in the city the right to have people that would come to the center not pay the parking. Is that correct or something similar to that? Ms. Hernandez: Yes, Commissioner that's correct. We were told that anybody visiting the Virginia Key Outdoor Center didn't have to pay the $8. Vice Chair Carollo: So imagine in all these years how much money we lost in people corning in there saying that we're going over there, whether they were going to our beach, they were going somewhere else and not paying the $8. I guarantee you it's a lot more than the minimum rent guarantee that we were getting from there. Chair King: On that note, thank you, good luck, and -- Commissioner Reyes: Madam Chair now that we have the Park Director there, could you please take action, immediately. Take action on all these irregularities that are going on, on Virginia Key. I mean, do we have park rangers that they are patrolling the area? Ms. Hernandez: So Commissioner thank you for bringing that up, we've actually taken action as of August 16th. We are placing a truck at the entrance to make sure that nobody's coming into Virginia Key after 6:30, which is when the park is closed. The reason the gate stays open is because of the treatment plant. We need to work with Miami -Dade County, WASD (Water and Sewer Department), and see how we can work out a way to have them control that when they need to enter there because they need -- they have the 24-hour operations for the sewer and water treatment plant. Commissioner Reyes: Fantastic, fantastic. Ms. Hernandez: And so that's what it is. So yes, we've already addressed that, and I've been working with -- Commissioner Reyes: I do understand that, but there have been some sort of shacks City of Miami Page 174 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 NA.4 12585 City Commission that have been built there where people go and party and have a shindig. And those have to he turned and -- and -- and -- and they have to be taken out of there. Ms. Hernandez: We are not allowing anybody after 6:30 to be -- Commissioner Reyes: No, but at the -- the I would say -- Ms. Hernandez: The Virginia Key Bicycle Club, that is another organization that we've been requesting documentation from to see what agreement. They've been working out there since 2009 or 2010. There's a resolution that I found still looking for more information on how that partnership came to fruition as well. So I met with them on August 29th, and they've asked me to give them some time to provide the documentation. Commissioner Reyes: But I'm referring specifically those shack, those people that were drinking and having a party and a picnic and all of that, everything has to be removed from the park. Ms. Hernandez: And employees have been disciplined as well. Commissioner Reyes: Okay, thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GIVING THE CITY ADMINISTRATION AN ADDITIONAL FOURTEEN (14) DAYS IN WHICH TO ISSUE A SOLICITATION FOR THE DEVELOPMENT OF THE GSA SITE, IN ACCORDANCE WITH CITY OF MIAMI RESOLUTION NO. R-22-0306; FURTHER DIRECTING THE CITY MANAGER TO LIMIT THE SIZE OF ANY RETAIL SPACE THEREIN TO TWENTY THOUSAND SQUARE FEET OR LESS IN ORDER TO ALLOW FOR SMALLER FAMILY OWNED BUSINESSES. ENACTMENT NUMBER: R-22-0351 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Commissioner Diaz de la Portilla: Madam Chair. Chair King: Yes? Commissioner Diaz de la Portilla: We are in the PZ (Planning and Zoning) items, but I have a pocket item I want to introduce. Chair King: A pocket item? Commissioner Diaz de la Portilla: A pocket item. I was looking for our manager, but I can't find him. But it deals with the extension that we need for the GSA (General Services Administration) sites because the deadline is going to pass before our next Commission meeting and there are some things that we need to put in place to allow the Administration to work through some difficult issues we're still working through. So I have to wait lbr -- City of Miami Page 175 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Chair King: For Art? Commissioner Diaz de la Portilla: For Art or for our City Attorney. Chair King: Zerry? Commissioner Diaz de la Portilla: Or Zerry or Art or Larry or whoever it is. The purpose is the following. Number one, we want -- the pocket item will do the following. It would give us -- it would give us an additional 14 days for the Administration to present an RFP (Request for Proposal) for the GSA site that we're proposing. It will also limit the ability of any retail space to be above 20,000 square feet. So it would have to -- it would have to have those parameters established as we move forward, for now. And then we'll have the other conversations moving forward. Chair King: Do I have a motion? Commissioner Diaz de la Portilla: I have moved it. Commissioner Russell: I'm sorry I don't understand. Is it amending how -- what we would be willing to do the RFPfbr? Commissioner Diaz de la Portilla: No, it amends the time -- Commissioner Russell: The square -- Commissioner Diaz de la Portilla: -- it allows 14 more days. We have required -- you are required 45 days and the 45 days will expire in I think 9 days. It extends it for 14 more days, but it also adds an important component that it would limit the retail space of 20,000 square feet or less within the RFP. So we don't want -- the point of that is that we don't want any big box, you know, 40,000 square foot Walmart there in the middle ofAllapattah. Commissioner Reyes: I don't know, maybe we can -- how about if it becomes a big building? Commissioner Diaz de la Portilla: No, the idea of the vision that we've been working on for that development in District 1 is that it would be a lot of mom and pop places and not to have one big box place land there and sort of not really enhance the economic opportunity for local vendors from the area to develop, you knoii; have cafes or restaurants or things of a smaller nature. So what we don't want to do is we don't want to have one big company come in and say we're going to run the -- you know have all the retail space, so the idea behind it is to limit it in that sense. Commissioner Reyes: I don't know. I wouldn't agree with that -- Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: -- that we limit the size, because that precludes, let's say that somebody wants to build a hotel with a convention center that is -- Commissioner Diaz de la Portilla: No, the hotel is only for the retail space. Commissioner Reyes: -- or a huge building. I mean, those limits, that scares me you see. Commissioner Diaz de la Portilla: Okay. City of Miami Page 176 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Commissioner Reyes: Okay. Chair King: I need to open this item up for public comment. Is there anyone here that would wish to speak on this issue? Anyone here that would like to speak on this issue? Seeing none, public comment is closed. I have a motion and a second. All in favor? Commissioner Diaz de la Portilla: Aye. Chair King: Aye. Commissioner Russell: I don't think want to limit it. 1 think want to see what comes in. I just don't know the repercussion of what that changes in terms of the big box concept. Commissioner Diaz de la Portilla: Well, it's already been voted on. That's number one. But number two, the idea behind that, I tried to explain it, is that we don't want -- Commissioner Russell: You don't want a big box. Commissioner Diaz de la Portilla: I do not want a big box. I want small retailers and small, you know, mom-and-pop places to be able to come in and have a 5,000 square foot or 4,000 or 2,500. 1 don't want some big developer to come in and all of a sudden put a Walmart there, which kind of defeats the purposes of what 1 want to do in that area. The vision that I have for that area is that it becomes sort of a little mini -town, right, within Allapattah to revitalize the zone. So we have some retail, some affordable housing, some market rate housing, some park space, some -- you know, all the things that we have, right? We don't want to come in and have somebody dominate the space and all of a sudden it's one big company dominates the entire space. Vice Chair Carollo: Well, you're trying to bring in sort of a paseo where people who come from the neighborhood they'll eat in one restaurant here, another place there -- Commissioner Diaz de la Portilla: Right. Vice Chair Carollo: -- they could jump to a few stores. Commissioner Diaz de la Portilla: Right. Vice Chair Carollo: Maybe there's a small hardware store if they need something. Commissioner Diaz de la Portilla: Correct. Vice Chair Carollo: Where you get the kind of mixture that brings the community more, where the big retail stores don't have that. Commissioner Diaz de la Portilla: Right. Vice Chair Carollo: You just come in and out. Now, I'm going to tell you personally, my problem with the Walmarts of the world, I don't want to see these big giants that the bulk of what they sell is made in China. Commissioner Diaz de la Portilla: Of course. Vice Chair Carollo: You know; I want to try to cut that down as much as I can, at least as long as I'm here. City of Miami Page 177 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 NA.5 12586 City Commission Commissioner Diaz de la Portilla: And they gobble up the -- the -- they gobble up little businesses, right, the mom and pops. So that was the idea behind it. Well, thank you, Commissioner, for the support. I appreciate it. Chair King: We are on -- Todd B. Hannon (City Clerk): And Chair. My apologies. Commissioner Russell, is that yay or nay? Commissioner Russell: It doesn't matter The majority is already there, so. Mr Hannon: But 1 need to record a vote. Commissioner Russell: Right. Fine. I'll go with it. Commissioner Diaz de la Portilla: Good. Good. You're being cooperative now. I like 1t. Commissioner Russell: It's an irrelevant vote. It doesn't make a difference. Commissioner Diaz de la Portilla: Well, but it should make a difference. If you're cooperative with us, we'll be cooperative with you. That's just the way it works in politics sometimes right. Commissioner Russell: Well, there you go. DISCUSSION ITEM DIRECTION BY THE CITY COMMISSION TO THE CITY CLERK TO ADVERTISE THE UPCOMING VACANCY IN THE DISTRICT 2 CITY COMMISSION SEAT FOR THOSE WHO WOULD LIKE TO BE CONSIDERED FOR APPOINTMENT BY THE CITY COMMISSION. RESULT: DISCUSSED Chair King: And that my friends concludes -- Nee Chair Carollo: The PZ (Planning and Zoning) but we're going back. Chair King:: To? Vice Chair Carollo: To the general commission meeting for a minute. Chair King: Aren 't we finished? Commissioner Diaz de la Portilla: Yeah. Chair King: We're finished. Vice Chair Carollo: I got a real quick item. Real quick. Chair King: Okay. Which item? Vice Chair Carollo: I don't think it's that controversial. City of Miami Page 178 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Chair King: Okay. Which one is that? Is it a pocket item? Vice Chair Carollo: Well, you can call it whatever you like. It's -- you know, listen to it and you tell me how you want it -- Commissioner Diaz de la Portilla: Commissioner, Commissioner, Commissioner there's nothing -- there's nothing you do that's not controversial so. Vice Chair Carollo: Come on. Come on. Come on. Come on. Commissioner Reyes: That is a miracle. Commissioner Diaz de la Portilla: But I'm ready. Commissioner Reyes: This is a miracle. This is a miracle -- Commissioner Diaz de la Portilla: But I'm with you. We're good to go, let's go. Vice Chair Carollo: You want me to talk about last night? Commissioner Diaz de la Portilla: No leave it alone. I'm with you. Let's go. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: Let's go. Vice Chair Carollo: Okay. Mr. Clerk we have a situation where we have a commission seat to fill for January. Would it be appropriate, and I don't know, you know first of all maybe give us a timetable if we're going to make an appointment, by when do we have to make the appointment. That's one. Second, can we open it up so that people that want to apply, including the incumbent Commissioner for his remaining term, can apply for that position and we know ahead of time who wants to be a Commissioner in District 2. Todd B. Hannon (City Clerk): I'm going to need to defer to the City Attorney simply because I'm not sure if you have to wait until the seat becomes vacant. Vice Chair Carollo: Well, to vote you do, I believe, but not to open up. George Wysong (Assistant City Attorney, Supervisor): Right. The first part of your question, which was when would you fill the vacancy, that would be upon the creation of the vacancy, which isn't until January, so you can't take action on that. Vice Chair Carollo: What day in January is it? Mr Wysong: I believe it's January 3rd. Mr Hannon: Yes, sir Mr. Wysong: January 3rd. That's when Congresspersons are sworn in. And regarding the second question, you could set up a procedure for accepting applications for the position any time before then. Just realize that it will be January 3rd that the appointment will take place. Vice Chair Carollo: Right. Okay, so if I could make a motion that we instruct the Clerk to advertise the position of Commissioner District 2 that will be open in City of Miami Page 179 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 January 3rd, and that for those that are interested in being appointed that they can so apply by providing a resume -- Commissioner Reyes: Letter of intent also. Chair King: But we -- have we decided appointment versus special election? Commissioner Reyes: Special election. Vice Chair Carollo: Well, that's the first one that we do. We decide that we don't want to appoint, then we have a special election. But the incumbent can certainly apply it also. So. Chair King: Mr City Clerk? Mr Hannon: Chair, Commissioners, if we could follow the playbook that we did for Commissioner Hardemon, essentially applicants would actually come and fill out qualing documents so that we're fully aware. Vice Chair Carollo: You're right. You need the qualifying documents first, but also with a resume and the qualifying documents. Commissioner Reyes: I have a question. Mr Hannon: Understood. Chair King: Isn't there an election in January? Vice Chair Carollo: No. Commissioner Diaz de la Portilla: No. Chair King: A special election? Vice Chair Carollo: No. Commissioner Diaz de la Portilla: No. Chair King: There isn't? I thought there was some kind of -- Commissioner Diaz de la Portilla: No. Chair King: -- ballot, something. Commissioner Reyes: I have a question for the City Attorney. And -- and it has to do with the actual Commissioner for District 2. If he is appointed, I mean he will have to resign. When he resigns interrupts his term, the term, the four-year term. Mr. Wysong: Correct. Commissioner Reyes: If he's appointed, he can run again, right? Mr Wysong: Well, so he can fulfill the remainder of his term, but then his four -- two four year terms would have been completed and would not be eligible to run until -- City of Miami Page 180 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Commissioner Reyes: Again. Mr Wysong: -- there's a hiatus of one term. Commissioner Reyes: Okay, because I want to make this clear, and somebody was, I mean, an attorney was injorming me that if you are -- you interrupt a term that you -- 1 mean you were elected for that means you did not complete it, the four-year term. And that makes you eligible for another 1 mean that you can run again. Could you please check that out? Mr Wysong: Yes, I'll check that out. Give me one second. Vice Chair Carollo: Is he trying to help you or sink you, Russell? Commissioner Reyes: No, I want to make sure because I might resign then. Chair King: The City Clerk wants to make a -- Mr Hannon: And just for clarification, we'll get to working on the notification. We will get to working on the -- the -- the qualiffing documents and all the requisite you know materials. How long do you want me to keep the -- the -- this -- this application period open until January 3rd? Vice Chair Carollo: I think so. Mr Hannon: Understood. Because you do have to live within the district for one year prior to submitting your documents. So, keeping it open until January 3rd may be the best option. Chair King: I'd like to explore the option of a special election. Commissioner Reyes: Me too. Chair King: I have always said that the people should decide who their representative is. It is not -- Commissioner Diaz de la Portilla: That's what I said, remember? Chair King: That's right. It is not for me, and I will not go back on that. I believe that the people should decide who will be their representative and there is no price for democracy. So, I'd like to explore a special election. I won't be voting to appoint anyone. Vice Chair Carollo: Unless we reconsider Russell. Commissioner Diaz de la Portilla: Can we reappoint Commissioner Russell? Vice Chair Carollo: But, where will you be living at though? Commissioner Diaz de la Portilla: Can we reappoint Commissioner Russell? Vice Chair Carollo: That I need to know ahead of time. Commissioner Diaz de la Portilla: We want 11 more months of Russell you think? Or I think maybe. He's been pretty nice lately. He voted twice today. City of Miami Page 181 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 Commissioner Russell: Does Russell want 11 more months? Commissioner Reyes: Is that punishment? 11 months? Commissioner Diaz de la Portilla: He -- he was pretty good today though, right? You were pretty nice today, Russell. You were pretty nice. Commissioner Reyes: Oh, now I know Commissioner Diaz de la Portilla: Can we reappoint? 1 want to welcome him to the City of Miami Commission again. He doesn't go away. You know, we sent him away, he's not coming back, Commissioner Hardemon. Commissioner Reyes: That's right. He cannot get to stay away from it. Commissioner Diaz de la Portilla: Welcome back Commissioner Hardemon. Commissioner Reyes: Mr Hardemon, why don't you move to Coconut Grove, we appoint you. Commissioner Diaz de la Portilla: Are you living in two now, in Commission District 2? Unidentified Speaker: (INAUDIBLE) Commissioner Reyes: -- would be great. Pee Chair Carollo: I did hear one time around. Commissioner Reyes: That's right, you did. Now 1 understand why Russell has been so nice to you. Commissioner Diaz de la Portilla: You saw that? Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: I saw. Commissioner Reyes: You want to appoint him, to you and to Carollo. I saw Commissioner Diaz de la Portilla: He even shaved for us today. I think we may have something. Chair King: So where are we? Well, I think I have made it clear I'm not going to be voting to appoint anyone I -- unless that's the will of the people, they come up and they say we want to -- but it's whatever the will of the people is, I believe in a special election. So whatever do we have to do to move forward with that? Because if two vote for an appointment. Commissioner Diaz de la Portilla: I want an election. I've always wanted an election. I believe that's the way it should go but -- Chair King: Two for a special election. Commissioner Reyes: That doesn't preclude people from start showing interest. City of Miami Page 182 Printed on 10/30/2023 City Commission Meeting Minutes September 8, 2022 Recessed and Reconvened September 13, 2022 ADJOURNMENT Chair King: Right. Commissioner Diaz de la Portilla: Of course. Chair King: I mean, they have to -- Commissioner Reyes: That's right. Chair King: They have to throw their hat in the ring and -- Vice Chair Carollo: But we don't lose anything. Chair King: You don't lose anything. Commissioner Diaz de la Portilla: No, we don't. We 're just have a conversation publicly so people can know where we stand. Vice Chair Carollo: (INAUDIBLE). Chair King: Right. Commissioner Diaz de la Portilla: Early on. Chair King: Okay. Vice Chair Carollo: So Russell. Commissioner Diaz de la Portilla: Russell, you still have hope. You still have hope. The meeting adjourned at 6.:02 p.m. City of Miami Page 183 Printed on 10/30/2023