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HomeMy WebLinkAboutCC 2022-10-13 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com �YOp r 1 ' 'Parr +� v * INCORP ORATEO * 1896 Meeting Minutes Thursday, October 13, 2022 9:00 AM City Commission Meeting City Hall City Commission Francis X. Suarez, Mayor Christine King, Chair, District Five Joe Carollo, Vice Chair, District Three Alex Diaz de la Portilla, Commissioner, District One Ken Russell, Commissioner, District Two Manolo Reyes, Commissioner, District Four Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes October 13, 2022 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo, Commissioner Diaz de la Portilla, Commissioner Russell and Commissioner Reyes On the 13th day of October 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 9:15 a.m., recessed at 10:14 a.m., reconvened at 10:36 a.m., recessed at 12:08 p.m., reconvened at 3:35 p.m. and adjourned at 5:06 p.fn. Note for the Record: Vice Chair Carollo entered the Commission chambers at 9:37 a.m., and Commissioner Diaz de la Portilla entered the Commission chambers at 12:06 p.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: Commission meeting in these historic City of Miami chambers. Today, I am honored to say that we are joined by Dr. Nelson Adams of the historic St. John Missionary Baptist Church, who will lead us in prayer for this meeting today. Invocation delivered. Chair King: Thank you. Commissioner Reyes, would you join us in leading the Pledge of Allegiance? Pledge of Allegiance delivered. Chair King: Thank you. ORDER OF THE DAY Chair King: I'd like to take this moment to bring to your attention. The month of October is' breast cancer awareness month, and I'd like to remind everyone to get their screenings if they have not gotten their screenings, and I would like to announce for District 5, I am having free mammogram screenings for the community, Sunday, October 23rd at Charles Hadley Park, Sunday, October 30th at Roberto Clemente Park, and Sunday, November 6th at the Little Haiti Cultural Center. Statistics shows that minorities, particularly black women, and Hispanic women, are most affected by breast cancer, and early detection saves lives. So please get your mammogram screening and share this information. It will be posted on my social media. It will be available on the City of Miami's TV Channel, and I will be putting it in the media everywhere because I want everyone to take advantage of these free screenings for breast cancer. And at this time, we are going to call the meeting to order. Madam City Attorney, do you have a statement to read into the record? Victoria Mendez (City Attorney): Thank you, Madam Chair. Detailed information about processes, order of business, rules of procedure, and scheduling or rescheduling of City Commission meetings can be found in Chapter 2, Article 2 of the City Code, a copy of which is available online at www.municode.com. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with City of Miami Page 1 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 the City Clerk and comply with the related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City Official, Board Member, or Staff Member until registering. A copy of the code section about lobbyists is available in the City Clerk's Office or online at www.municode.com. Any person making a presentation, formal request, or petition to City Commission concerning real property must make the appropriate 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 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 no more than two minutes on any proposition before the City Commission unless modified by the Chair. Public comment will begin at approximately 9:20 and remain open until public comment is closed by the Chair. Members of the public wishing to address the body may do so by submitting written comment forms via the online comment form. Please visit www.miamigov.com/meetinginstructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment form have been and will 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 to distribute to elected officials up until the Chair 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 a later date before the City Commission takes action on such a proposition. When addressing the City Commission, the member of the public must first state 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 items and topics to be discussed at the City Commission meeting in compliance with section 286.0114 (4)(c) Florida Statutes. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity and time before the meeting. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. Anyone wishing a verbatim record of the item being considered 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 7.1.4 of the Miami 21 Zoning Ordinance, as temporarily modified pursuant to Emergency Ordinance Numbers 13903 and 13914. Parties for PZ items, including any applicant, appellant, appellee, city staff, and any person recognized by the decision -making body as a qualified intervener, as well as applicants, 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 any 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 pursuant to Florida Statute 286.0115 and Section 7.1.45 of the Miami-21 Zoning Ordinance. The order presentation shall be as City of Miami Page 2 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 set forth in Miami-21 and in the City Code. Staff will briefly present each item to he 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 applicant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have. Please silence all cell phones and other noise - making devices at this time. This meeting can be viewed live on rniamigov.com, the City's Facebook page, the City's Twitter page, the City's YouTube channel, and Comcast Channel 77. The broadcast will also have closed captioning. Thank you. Chair King: Mr. City Clerk. Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony to be sworn in for planning and zoning items and any quasi-judicial items on today's' City Commission agenda will be as follows. The members of the City staff or any other individuals required to be sworn in who are currently present at City Hall will be sworn in by me, the City Clerk, immediately after I finish explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for planning and zoning items and/or quasi-judicial items. Pursuant to Emergency Ordinance Number 13903, those individuals appearing remotely may be sworn in at their location by an individual qualified to administer the oath. After you are sworn in, please be sure to complete, sign, and notarize the affidavit provided to you by the City Attorney's Office. Each individual who will provide testimony must be sworn in and execute an affidavit. Please email a scanned version of the signed affidavit to the City Clerk at thannon@miamigov.com prior to providing testimony on the planning and zoning item and/or quasi-judicial item. The affidavit shall be included in the record for the relevant item for which you will be providing testimony. Commissioners are you comfortable with the -- with all the notice provisions set forth in these uniform rules and procedures we have established for this meeting? Commissioner Russell: Yes. Chair King: Yes. Mr. Hannon: Chair, may I administer the oath for the planning and zoning items? Chair King: Please. The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair King: Thank you. Mr. City Manager, do you have any items that need to be pulled or withdrawn from the agenda today? Arthur Noriega (City Manager): Good morning, Madam Chair, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items. PH8 to be indefinitely deferred; PH9 to be deferred to the October 27th meeting; PH 10 to be deferred to the October 27th meeting; FR.4 to be deferred to the October 27th meeting; FR.5 to be deferred to the October 27th meeting. Commissioner Russell: Madam Chair. City of Miami Page 3 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Chair King: Commissioner Russell. Commissioner Russell: Thank you. Mr. Manager, on PH.9 and PH.10, 1 worked with your Administration over the last couple of days and we, found a way forward. And so, we're ready to move on those today. I've spoken with Mr. Mensah, the director. So, PH.9 and PH.10 we'd like to hear today. It will just require a floor amendment to make the Administration. Commissioner Reyes: Madam Chair? Chair King: Commissioner Reyes? Commissioner Reyes: Yes, I would like to deferred -- indefinitely defer RE.8. We need some financial disclosure. Chair King: Okay. Only RE8? Commissioner Reyes: Only RE8. Chair King: Commissioner Russell -- Commissioner Reyes: Oh, also, this is not deferring, this is sponsoring. 1 don't know if now is the right time to. Chair King: Okay. You want to sponsor something? Commissioner Reyes: No, no, I want to sponsor PZ.1. I don't know if this is the right time to state it or shall wait until later on? Chair King: Okay, we can wait until later on for that. Commissioner Reyes: (UNINTELLIGIBLE). Chair King: Okay. Commissioner Russell: Madam Chair, would you like pocket items at this time? Chair King: Yes, please. Commissioner Russell: I'll be submitting one pocket item as a directive to the Manager regarding upcoming zoning to prioritize issues in my district. So, my staff is just finalizing it and will circulate it early this morning so we can all see it. Chair King: Okay, and I also have a pocket item, so until we get yours, mine will be Pocket Item 1. Mr. Noriega: Yours will be? Chair King: Yes. Mr. Noriega: Okay. We have, Administration has a pocket item as well. Is that the one you're looking at? Chair King: That is it. Mr. Noriega: Okay. City of Miami Page 4 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Commissioner Reyes: Yeah. Chair King: So, Victoria, did you need to read this into the record? Ms. Mendez: Just because we haven't -- it's not on the agenda -- Chair King: Right. Ms. Mendez: -- it would be good to read it. So, resolution is this the (UNINTELLIGIBLE) Madam Chair? Chair King: Yes. Mr. Noriega: Yes. Ms. Mendez: A resolution of the Miami City Commission directing the City Manager to identijv potential funding sources to satisfy the Reconnecting Communities Pilot Discretionary Grant Program for the Connecting Miami 395 Underdeck Heritage Trail and Open Space Project, local matching share requirement of no less than 20 percent of eligible activity costs, and to report his findings to the City Commission within 30 days. (COMMENTS MADE OFF RECORD) Chair King: Yes, when we get it. Okay, at this time, if there are no other items, I will open up the meeting for public comment. Commissioner Russell: Can we move the order of the day? Chair King: Yes. Commissioner Russell: I'll move it. Chair King: I have a motion to move the order of the day. Do I have a second? Commissioner Reyes: Yes, the order of the day, yes. Chair King: All in favor? The Commission (Collectively): Aye. PR - PRESENTATIONS AND PROCLAMATIONS City of Miami Page 5 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 PUBLIC COMMENT FOR ALL ITEM(S) 12767 DISCUSSION ITEM Office of the City Clerk PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE OCTOBER 13, 2022, CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: And at this time, I will open up the meeting for public comments. Those who wish to speak on any items before us on this agenda are welcome to speak. If you would stand up and take your place at the lectern. Clarence Davis: Good morning, Madam Chair, Commissioners. My name is Clarence Davis, owner of 13 Pirates Eat Food Truck, based in District 5. On behalf of District 5 residents, Brightline, and myself as a local business owner, we just want to thank you for the passing of Amendment 12281, and we look forward to serving the community. Thank you. Chair King: Thank you for being here. Good morning. Eric Knowles: Good morning, Chairwoman and Board. 1'nr Eric Knowles, President of Miami -Dade Chamber of Commerce, 11400 Northeast 2nd Avenue. Chairwoman, first of all, I come before you first publicly to apologize for something that happened eight years ago, basically from a lack of knowing or understanding. I believe we are here today again for the lack of understanding, that being many individuals from the community reaching out to you of concern of the homeless being moved to Virginia Key Beach. They not knowing that the intent was not to place them in or on the trust land, but north of the said land. Not that was right, the right thing to do, as we have seen that it was deferred. I come before you today asking that this item, SR.5, be withdrawn or denied. First, there were no malfeasance, no significant findings in the audit. This is truly an insult to the black community and to the trust that has been the steward of this sacred land. Disbanding the current board is an insult to our community. Some of you have not made your appointments, now is your opportunity to support what has been trusted to the black community. To our Hispanic commissioners, respectfully, you would not allow the black community to be over the Freedom Tower or any sacred trust in the Hispanic community. I think of M Athalie Range. I think of Father Gibson. And I think of Garth Reeves. And I think of the little boy that I once was, and Virginia Key Beach was the only beach that I could frequent. The last thing I will say is that each and every one of you have been placed by the will of the community. Voters who expect that you will do the will of the people, that is why, we are here today to express our will. The last thing I will say is that we must get beyond the trivial act of being and holding petty grudges. Chair King: Thank you. Good morning. Terry Williams: Good morning. I'm Terry -- Chair King: No, no, go ahead. Ms. Williams: Okay. I'm Terry Williams. I'm president and chief operating officer of One United Bank. For those of you who don't know me or know the bank, we're the largest black -owned bank in the country, and we have an office at 3275 Northwest City of Miami Page 6 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 79th Street. Over 50 percent of our employees live in the city of Miami and are black. I'm here for the community to ask that you pull or deny SR.5. I want to talk a little bit about my background. I know 1 only have two minutes, but just to add credibility to the comments that I'm going to make. I have an MBA from Harvard Business School. I graduated at the top of my class. I have a degree in economics from Brown University, graduated with distinctions. I have reviewed this audit that is being referred to from cover to cover. There is no indication of malfeasance. There's no indication of anything that is -- in fact, the audit itself is what we would call in banking, and I've looked at thousands of audits, it's like an internal audit that's been done by an external party. And it indicates administrative issues that need to be addressed, which have all been agreed to and are in the process of being addressed. So, for that reason, if the reason is because of the audit, 1 would like to take that off the table. I would also like to say for the black community, it is very important that the trust be maintained and that you assign or to nominate your designees to the trust. Thank you very much. Chair King: Thank you. Good morning. Francis Ragoo: Good morning. My name is Francis Ragoo. I stand here before you in solidarity with the current board. I represent our organization, UPPAC, which stands on Unrepresented People Positive Action Council, an organization that started by Commissioner Betty Ferguson, which we are in our 35th year of meeting each and every Saturday. Over the many years, this current board have keep us abreast in terms of they're doing their master plan, the historic museum and what they are doing across the board. We see no reason to change what is happening in the good and positive environment for our community. The accusation that is being made at the board, I think, is really a displeasure knowing what they have done in terms of the passion that they carry, in terms of the trust and our community. Historically, we need to preserve. I cannot think about any other group that has the passion in terms of that vision than the current board. And I encourage you either to defer this, indefinitely, or withdraw SR.5, and let's stand and support the doings of the current board. And for that I say thank you. The ladies and gentlemen that you see in the orange is part of our group that have taken time from their job to be here and show solidarity for the present board. Thank you so much. Chair King: Thank you. Good morning. Ron Frazher: Good morning. My name is Ron Frazher and I have a handout of what I'm going to say and I'd like to give that to the clerk. As I said before, my name is Ron Frazher. I'm chairman and CEO (Chief Executive Officer) of the BAC Funding Corporation. I'm a board member of the History of Miami Museum. I'm the former chairman of the Historic Hampton House, and I'm a retired architect and urban planner. I'm here to speak against the resolution that abolishes the Virginia Key Park Public Trust. The Virginia Key Beach Trust has overseen this park for its restoration since 1999 and should be allowed to finish this job. My reasons are as follows. If this project was in any other community, we would not be here in this chamber having this discussion. The following statements will prove my point. If this historical area was related to Henry Flagler, Julia Tuttle, or Jose Marti, and the discussion was to get rid of it, replace it, or not build a museum in its honor, what would this commission do? Now let's put some blackness in it. If this historical area was related to the legendary black Cuban General Antonio Maceo and discussion was to get rid of it, replace it, or not build this museum, what would this commission do? In today's climate of cancel culture and not telling the truth, the whole truth about history, it is very important that the black history, culture, and heritage become a prominent legacy in the City of Miami. There needs to be more sensitivity displayed towards the black diasporas historical, cultural heritage, as well as justice and attitude. Fortunately, I'm almost 80 years old, and I can remember what Jim Crow was and its impact on black people. City of Miami Page 7 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Virginia Key Beach is an environmental and historic landmark in the City of Miami and was the first beach designated for black residents as a result of Jim Crow. Chair King: Thank you. Mr. Frazher: Thankyou very much. The rest of the items are in the handout. Chair King: Thank you. Good morning. Jo Ann Harris: Good morning. I am Jo Ann Harris, address 5020 Northwest 197th Street, Miami, 33055. I'm here, yes, representing with the orange, but 1 wanted this to be informational. 1 grew up in Riviera Beach, Florida, and there was not only Jim Crow and segregation up until 1971, when the whites would come in and they would leave the black schools immediately. There was also a beach that we were entitled to going to called Juneau Beach. I went back about 10 years ago, and I found that instead of them recognizing it as the Black Peoples Beach, they said it was the Native American. I think it's wrong to erase our history because these hallowed halls were built by black hands. There might have been white architects that designed it, but the hands, the sweat that was put in was ours. We were designated Virginia Key Beach. To erase that would be like erasing a part of our history that needs to be told, that needs to be preserved, that needs to be respected and honored, because were it not for us, these buildings, the federal buildings, would not have been built. So, you have to recognize whose backs you're standing on as well, and honor the people because we can't be replaced either, and we're not going anywhere. Thankyou. Chair King: Thank you. Please, no clapping. No clapping in chambers, please. Please, no clapping in chambers. Do like this. Right. Good morning. Chris Molina: Good morning. Apologies for clapping. My name is Chris Molina. Pm here on the behalf of 7,000 petition signers who are in favor of keeping Miami -Dade College, managing Tower Theater. We're all incredibly happy with the way that Tower Theater is being run currently. We appreciate the culture that Miami -Dade College has injected into our community, and we would love to see it continue. As a filmmaker, I think of my grandparents coming to Tower Theater when they first got to America, seeing movies, and getting their first taste of American life, and now I get to premiere my movies there, and it is kind of a full circle American dream sort of thing and it would really hurt to have that taken away from me and thousands of other Miami residents. Thankyou. Chair King: Thank you. Vice Chair Carollo: I don't believe at all that the Tower Theater is in the agenda and while I would have no problems in having people discuss items not on the agenda after we're done with our main agenda. It's not fair for many others that are coming for items that are on the agenda to have to wait more time for some to come and speak on items that are not on the agenda And by the way, the Tower Theater is still run by the City. Or not, we'll be having films also. Chair King: Victoria, where's the manager's staff? Can someone confirm? Because I do remember reading Tower Theater, but it could have been on another agenda. (COMMENTS MADE OFF RECORD) Vice Chair Carollo: No. Chair King: It's on the other agenda? City of Miami Page 8 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Commissioner Reyes: 1 mean, I didn't see it in the agenda. This agenda, 1 don't think - Victoria Mendez (City Attorney): It's not on this agenda. I think there was something last agenda -- Commissioner Reyes: Last agenda. Ms. Mendez: -- that we talked about. Commissioner Reyes: And last agenda, 1 mean, it was removed, right? Vice Chair Carollo: Yeah, it was removed. Chair Reyes: It was removed. Chair King: Okay. We'll move forward with public comments. Good morning. Pedro Martinez: Good morning. Chair King: Good morning. Mr. Martinez.• Good morning Commissioners. Concerning billboards in Bayfront Park, Maurice Ferre and Virginia Key, please vote no. The goal of collecting additional funding to improve and maintain these parks by undermining the quality of those parks and the quality of life is irrational. It is like wanting to repair an old house by first destroying its foundation. The foundation of this park is the beauty of nature. Elected officials should seek to protect green areas, but it seems that green dollars is the priority here. I know that you don't live in Downtown Miami, and it will not directly affect you, but please understand that there are thousands of families that have moved to downtown Miami and have made it our home. We have moved from all over the nation and all over the world. Yes, we do love Miami because it is beautiful and enjoyable. The real estate boom has increased property value and given the city a wealth of finances. It has added $88 million to the general fund. It is true that Bayfront and Maurice Ferre Parks need maintenance that goes beyond mowing the lawn. The parks are full of people that are homeless, by choice. They live, defecate, urinate, and litter on a daily basis. We have benches that facilitate their ability to make benches their full-time bed. In Bayfront Park, the fountain has been broken for 10 years and pump is used on a weekly basis to drain the water from the fountain onto the lawn. Am I finished? Chair King: No, no, no. Mr. Martinez: Okay. The lawn -- Chair King: That buzz gives you 30 more seconds. Mr. Martinez: Okay. The lawn looks like green and brown quilt. The benches are oxidized. There are jive eyesore solar panels in an inappropriate location. Also, they're facing the beauty of the park. The oriental pond is more like a green gelatin pond full of algae, while its main entrance looks like a jigsaw puzzle full of cracks and damages. We have -- Chair King: Thank you. Todd B. Hannon (City Clerk): Chair, if I could just have the speaker's name for the record. City of Miami Page 9 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Chair King: May we have your name for the record? Mr. Martinez: Reverend Pedro Martinez. Thank you. Chair King: Thank you, Reverend. Mr. Martinez: Thank you. Chair King: Good morning, Mr. Jones. How are you today? Leroy Jones: Good morning, Madam Chair and Commissioners. I'm here on Item SR.5, asking this board to pull or deny that item. I'na also here in support of the trust, to continue the trust, and ask that each of you that have not made your appointment to the trust, to make your appointment to the trust. And I want to say this, if Athalie Range was sitting there, we would not be here. If Ms. Range was here, we would not be here having this discussion. She's not here, but guess what? Her grandson, who took over when she left, is here. This was the last project she worked on. Athalie Range, Dorothy Fields, and Miss Enid Pickney, and Mr. Denny Zulu, and I could go on and on, that fought to keep that beach for the black community to have something, something that we can say that ours, we still have not built the museum. If Ms. Range was here, we would not be here. Let's act like she's here. Let's do the right thing. Pull or deny that item. Thank you. Chair King: Thank you. Good morning. James Torres: Good morning, Chairwoman. James Torres, president of the DNA (Downtown Neighbors Alliance). Good morning, Commissioners. We'd like to ask something on SR.4 and FR.6, which are the billboards that are currently pending. The DNA calls upon the City Commission to defer SR.4, FR.6, until the City Attorney and the Commissioners that are sponsoring it to really look at it and see what the impact is going to be within the community. We also like to request a seat at the table to kind of address these items, especially on the light studies, if this is going to go forward. This is something that is important to the community that's living and breathing in the area. So, that's on the billboards that we're asking. On FR.3, which is the beloved scooter situation, we kindly ask the Commissioners to please defer that until at least next year. This item mostly impacts District 2 more so than any of the other districts throughout the city. We also request a seat at the table on that if this is going to go forward. As we know, last year was a challenging year before the changes were made on the pilot program, but it's something that's important for the district. We understand that the last mile is a beautiful thing, but it's not a beautiful thing when there's issues within District 2, especially in the core. Manolo Reyes, you're fully aware of that, so we kindly ask if you can kind of challenge that as well, to have someone from the DNA present to have these conversations. Thank you. Chair King: Good morning. Carole Jackson: Good morning, Chair, Commissioners. My name is Carole Jackson. I represent the South Dade Branch of the NAACP (National Association for the Advancement of Colored People) and although I live in Cutler Bay, we have members and constituents in our territory which is everything south of Flagler Street in Dade County. So, we do have members who are part of the City of Miami. I do have a handout, which I'll give to the clerk. I'm coming to talk about SR.5, Virginia Key Beach. We do wish that the Commission would delay or deny this item. The existing board for Virginia Key Beach is steeped in both the struggle to open the beach in a segregated environment, and the struggle, more recently, to restore the park. The board is uniquely positioned to develop the proposed museum and park so that it will not only educate present-day Miamians on the area's black history but will also be a City of Miami Page 10 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 tourist attraction. Blacks, as well as others, were attracted to the sun and surf of Miami. And for black individuals coming to Miami to get away from snow and ice, Virginia Key Beach was the only place in Miami -Dade County they could be on the beach, and the cottages in the park were the only place that they could stay on a beach. This, despite the fact that the beach, with its strong currents and deep water, was not as safe a place to swim as those areas set aside for whites. Do not destroy this history and leave the board in the hands -- and we want you to leave the board in the hands of its current knowledgeable leadership and singular purpose to make this area a jewel in the park system, available and used by all, but forever keeping the history of both the struggle for justice and fairness and the good times, despite the surrounding hostile environment that the black community enjoyed at this sacred park. Thank you. Chair King: Thank you. Good morning. Albert Gomez: Good morning, Chair, Commission, staff this is Albert Gomez, 3566 Vista Court. I just wanted to say the RE.3 I jolly support. I've been in the trenches over in the West Coast with the search and rescue folks. They're doing a hell of a job. Support them in any way you can. You know, on RE.7, putting that large amount of money, $12 million towards flooding programs and things of that nature, through the Chair, I'm going to reference Commissioner Manolo Reyes. He is doing a district beautification team. It is a beautiful program. It gives jobs to disaffected community members within his own district to clean streets, check storm drains. These are solutions that can be deployed with that sort of money. 1 would point that as a program that could be funded across the city. 1 see you deferred PH.8, but FR.6 is still on the table. Putting a museum consultant with a no -bid contract is the wrong thing to do. That is why you have the Virginia Key Trust. Things of that nature could be discussed through that, through appointments, and you can make an assessment on best persons or companies that could support identification of a museum consultant. SR.4, our nature -based places are not places for advertising. This is a spit in the face of Maurice Ferre. You have to consider what he would think about having this put. And once you can do it there, you can do it everywhere else. And that's our public trust. That's wrong. And effectively, removing the board is going backward from democracy. When systems are put in place like appointments from your -- from the dais, that gives the people more power. You taking that away and grabbing it and putting it in one Commissioner's Office, that takes away everything, and optics matter. It's a black board. Do not take that away. That's an insult. Withdraw it and take it from the table. Chair King: Thank you. Good morning. Bradford Brown: Good morning, Madam Chair, Honorable Commissioners. My name is Brad Brown, and I am secretary for the South Dade NAACP, and I speak relative to Item Number 5. For 20 years, beginning 1984, I was part of the directorate of the (UNINTELLIGIBLE) Fisheries Laboratory, which sits at the entrance to today's park. So, I have observed the transformation from an unintended area to where it is today. But I knew about Virginia Key Beach before I arrived. History buffs like to talk about like celebrities like Dr. King, who visited that beach, but ordinary tourists came also. There were cottages approximately where the marine research labs are today. They were the only place in Dade County where a black person could come and walk out the door to a beach. I had a dear friend and mentor, and NAACP president, whom I called my Cape Cod mother. She was invited by my work colleagues to my send-off to Miami. And she spoke and said that my lab had destroyed her cottage and that I, thus, I owed the community. She visited us here when she was about 90, and I put a lawn chair in the waters near the lab so she could once more put her feet in the -- Miami's oceans, which meant so much to her. This area will be a draw to descendants of City of Miami Page 11 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 people like her. Please leave the trust in place with people who are dedicated to the importance of this history. Thank you. Chair King: Thank you. Good morning. Dennis Fuller: Good morning. My name is Dennis Fuller and I think you heard from clergy and a whole bunch of other people why the homeless should not be able to lodge at the Virginia Key and other areas, especially if you don't manage it properly and maintain the psychological effects of the people that's there -- Chair King: Excuse me. Excuse me, we're not discussing the homeless on the beach. We're talking about the trust. Go ahead. Mr. Fuller: Okay. I understand that. And, okay, going along, 1 think that the Commission should make the Virginia Key Trust Board whole because there was no malfeasance that rise to the level of corruption. So, it's been -- if I'm not mistaken, it's been 18 years and -- that the money was appropriated for the museum and it still haven't been built. I mean, you've heard all the reasons why the black community should have a legacy -- community museum to represent the City of Miami. I mean, all of you are in favor of that. Just do the right thing and let's get the job done. And the trust, they are sincere in helping in this effort and I think that should be a way of breaching the trust to everyone. Okay? Chair King: Thank you. Good morning. Reynold Martin: Good morning. I am Reynold Martin, 3325 Percival Avenue, Coconut Grove. I'm a former president of the Professional Black Firefighters Association, City of Miami Fire Department. I'm the president of the Coconut Grove Community Action Community Advisory Committee, vice president of the Coconut Grove Homeowners and Tenants Association, proud member of the South Dade Chapter NAACP, member of George Washington Carver Alumni Association, and GRACE here in Coconut Grove as well. I went to school at a segregated school, lived in a segregated community, worked in a segregated fire department. And now we work to make sure that equal opportunity prevails in housing, education, and our workforce. We have found that one way to accomplish this is to make sure we never forget the blood, sweat, and tears shared to overcome these artificial barriers. The existing guardian of this same history is the Virginia Beach Trust that we support. And we feel that supporting it in this nature will make sure that our kids will never forget stoning the road that we (UNINTELLIGIBLE). Thank you. Chair King: Thank you. Good morning. Grady Muhammad: Good morning. Grady Muhammad, Director of Intergovernmental Affairs, Nation of Islam, Muhammad al-Masih No. 29, 5660 Northwest 7th Avenue. Two things we're looking at. SR.6, which is the adding first responders to the Liberal Haiti Trust. They're good, but they don't need to be on the trust. First officers, first responders, police officers, we need people with business experience, economic development experience. We don't need first responders. They can be ex -of icio officers if you want to have them on the board. They can be non- voting ex-officio officers. As it relates to RE.11, I'm in favor of Mr. Dufirstson to be able to be president, CEO of the board, because we need to move forward. We've got the money, but we're not moving expeditiously to get this thing done. Tin in favor of PH 1 through 6. One of the greatest things -- this city wouldn't be a city if it wasn't for black people, and black men in particular. A third of the incorporators incorporated this city because there was not enough Caucasian people to incorporate it. The Virginia Key Beach is our beach. We have a board. Let the board do its job. Let's not micromanage it and continue to start doing other things where we can't -- they can't City of Miami Page 12 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 do that. We're talking about the museum. It's not built. Cuba's getting the museum built. They got Freedom Tower. They got other things. When are we going to get our museum? We're going to get our history? Because if it wasn't for us, you wouldn't have a City of Miami, period. So, we need to have our history respected, honored, protected, because if we don't get it, everybody else that just got here, they get museums -- got museums. What about black people? We deserve the same thing. We ain't asking for it, we demanded it. Madam Chair, I love you, but I can tell you right now, if we can't get what we need, the black community, the Haitian community, we're going to have to do one thing. We call you. Thank you. Chair King: Thank you. Good morning. Theophius Williams: Good morning. My name is Theophius Williams, 1391 Northwest 95th Street. My concern is why every time we elected y'all, y'all don't come to the people. And when y'all got issues, y'all behind the doors with it. Y'all give away two parks. Virginia Key Beach is not the problem. The problem is y'all want to take control and control the money. You got to vote. You got to deal with us, not destroy us. It's not about, -- (UNINTELLIGIBLE) about y'all. The politics divide this community. This is what y'all want. This is what y'all want. In development, but on the back and say, In God We Trust. Can we trust you all? No, we can't, because everybody else is getting what they want, but when it comes to this black community, you all have a problem with us. It's incorporation, we never voted on, everything you all are putting through the table, and you all are not doing that to your district. And if you all come together and join and come to our district and listen to our concern, then we can hear that. We got problems that y'all not resolving, not giving. There's plenty of money coming from Washington. But where it's going at? Look at the mayor. The mayor should be listening to the concern. Where he at? But it's a big bull down there. He's down there with the showcase. Wynwood, you're building up Wynwood. So, when y'all going to respect this black community? And we're putting y'all in positions, but y'all not respecting us. Y'all behind the door with these developments. Chair King: Thank you. [Later...] Chair King: We will begin the meeting. I have a quorum now. Public comments period will begin again. Good morning. Jennifer Balfe: Good morning. Hello. Good morning. My name is Jenna Balfe, and I've been part of the Virginia Key -- historic Virginia Key Beach Park family for a very long time. I helped Dr. Gregory Bush truing to get the park registered as a national park. I worked on a documentary. I've worked closely with the board for a very long time. I had a non-profit there called Naturelings that served the population of young adults with developmental delays. And currently, I host movement classes there and run an art project in one of the garden areas. Today I'm here because the board needs to remain exactly as it is. That's not the issue. The issue is that the City of Miami and the county need to come together because the funds that the county holds to build this historic black museum needs oversight and cooperation from the City of Miami. That's the change that needs to happen. Cooperation in the effort of creating something greater. And that's what people need to do to make great things happen, come together. Thank you. Chair King: Thank you. Good morning. Good morning. Pauk Namphy: Good morning, Pauk Christian Namphy. I'm with the Family Action Movement, 100 Northeast 84th Street. That's in the City of Miami. Thank you very much, Chairwoman and different commissioners, for your support on critical issues City of Miami Page 13 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 that we and other community members have been facing. The reason why we're here today, this morning, is to uplift the calls of the NAACP and other organizations who are championing the dignity of African American people, to support the continuation of the trust in its current form. We believe that a lot of great, great, great achievements have been made and I really, you know, put my hand out to the wonderful and brave people here who have worked so hard on this issue to uplift the culture of African Americans. I believe that Ms. Range would be proud to see, you know, through the multiple generations, the continuation of the great work that has been done. So, I echo the calls, you know, for you, the leaders of the city, the leaders of the county, the different stakeholders to come together and to find a solution to move forward so that this cultural heritage can continue to be uplifted. Thank you very much. Chair King: Thank you. Good morning. Ahmand Johnson: Good morning, Madam Chair, Commission, and staff My name is Ahmand Johnson. I'm a partner at the law firm of Greenspoon and Marder. I'm here to speak on behalf of my good friend for over 20 years, Dufirstson Neree, and his appointment as the CEO of the Little Haiti Revitalization Trust. This is item RE.11 on the agenda. Again, I've known Mr. Neree since college. He was actually my guide on my visit to Brown University during my senior year in high school. And at that time, I had no concept of what Little Haiti was, let alone Miami. Fast forward many years later, 1 end up moving here and come to understand many of the stories and history that he had imparted on us while we were in college. So, all that to say that for as long as I've known him, for 20 some odd years, Mr. Neree has been devoted to both drawing awareness to both the Haitian community here and abroad, and also been committed to the Little Haiti community. And that's been evidenced in everything that he's done in his professional career. And in addition to that, I know that one of the qualifications, or one of the requirements rather, is for the candidate to have good moral character. I can personally attest to that, having known him for more than 20 years. And in addition to that, and most importantly, his skill set speaks for itself an Ivy League graduate both times, both undergrad and as an MBA, Harvard Business School alum. So, both his professional career, his academic credentials, and his character make him highly qualified for this position, and I'm confident that he would help move both the Little Haiti Revitalization Trust and Little Haiti itself forward. Thank you very much. Chair King: Thank you. Good morning. Elysa DeCorto: Perfect. Hi, good morning. I'm Ellie DeCorto, director of Community Engagement for the Allapattah Collaborative. Technically not on the agenda, but calling -- coming forward on the RFP (Request for Proposal) for the GSA lot, because I know the 45 days have passed. So, thank you (UNINTELLIGIBLE) hosting us. The Allapattah community has been advocating for several months on what they'd like to see in the GSA lot. We live in a very expensive city. We all know that. Rents are going up, housing prices, you know, the idea of the American dream of buying a house is out of reach for many. And we need more affordable housing, housing that's affordable for residents within the Allapattah community. We also need, of course, more access to green space and community services. So, we're looking forward for the RFP. We're hoping, of course, that some incorporations of the PLPG report that was submitted last year, of course, asking for affordable housing for those earning between 60 to 100 percent of the median income, averaging about 80 percent if possible. Green space, of course, because, let's be honest, you know, it's a health, quality of life issue that we all know about the importance of being able to get out into this green space, away, you can see from the hustle and bustle directly of this urban wonderful city that we live in. One of the other issues that of course we would like to see would be a resident on the evaluation committee if possible and a second phase of community City of Miami Page 14 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 engagement. Thank you for taking the time out and the community is anxiously awaiting the results. Thank you. Chair King: Thank you. Good morning. Gloria Romero -Roses: Good morning, Madam Chair. My name is Gloria Romero - Roses. I live at 808 Brickell Key Drive, and I am speaking regarding SR.5. As a resident and a business owner here in the City of Miami, I am also a community leader. I am committed to transparency, to a level playing field, and to ethical checks and balances. I am here to stand in solidarity with all the advocates and the leaders that have already spoken with regards to this item and support of the Virginia Key Trust as it currently exists. This proposal to replace the independent trust is suspect as to its timing and does not pass the sniff test of good governance principles. As a business owner, 1 am also a past chair of the Women's Fund of Miami -Dade County. I'm a past chair of Roots List Florida, a statewide committee. I'm also the current vice chair of Transit Alliance Miami. And in all of these roles, I consistently strive to meet three principles. Number one, are we being transparent about purpose and intent? Number two, do we ensure a level playing field and that everything that we're doing is to achieve that? And number three, does that meet basic ethical standards? I find it quite ironic that moments ago, this board and this commission honored the Taiwanese representative and indicated its solidarity with its cause for freedom, for justice in the face of an authoritarian regime that blatantly and acts with impunity to silence its civil society. 1 urge you, do not undermine your visibility, your credibility, and your legitimacy by enacting SR.5 because it would ultimately appear to be hypocrisy at its max. Thank you. Chair King: Thank you. Good morning. John O'Leary: Good morning, Madam Chairwoman, members of the Commission. I come here, my name is John O'Leary, I'm a priest of Corpus Christi Parish. I attend the people of Allapattah in their church, (Comments made in Spanish not translated). And I come to support them in their concern about the development of the 19 acres of land in their area. They're concerned that it be for use for affordable housing. I'm glad they asked me to come because this is a tremendous problem in so many cities in the United States today where working-class people or middle-class really are being left with no place to go. I have many personal stories which I won't be able to tell you this morning, but people being forced out of where they live by high rents, rents being raised and having no place to go. So, for you as the Commission, I'd like to ask you to really take advantage of this new proposal that you'll be dealing with in these coming months to -- as a city, that Miami give an example to other cities in making available affordable housing for lower middle class, working class people and the poor. Thank you. Chair King: Thank you. Good morning. Terrell Fritz: Good morning, Madam Chair and Commissioners. My name is Terrell Fritz, 111 East Flagler Street. I'm executive director of the Flagler District BID. I'm here to speak on PZ.1. The Flagler District is enlivened by small businesses and restaurants, some of which have setbacks sufficient enough to allow for outdoor dining. So I'd like to express our appreciation to the Administration and City staff. We sent to your offices earlier this week our support of the initiative with a few changes that the staff of the Downtown Development Authority and City staff had worked on. So I've seen the substitution, PZ.1. We are very happy with those changes and would encourage you to please support them. Thank you. Chair King: Thank you. Good morning. City of Miami Page 15 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Loren Granoff Good morning, Madam Chair, Commission. My name is Loren Granoff. I'm an attorney. My business address is 3250 Northeast 1st Avenue, Suite 334, Miami, 33137. I'm here on RE.1. It was a matter that -- a mitigation enforcement matter. It's been scheduled since September 19, but I had communication with Rachel Dooley in the law department yesterday on several occasions that went up until around 6:45 in the evening. And I understand that this matter was to be deferred to October 27. I just want to make sure that I'm clear on that because I did not hear that at the opening proceedings. Chair King: That is clear -- that is true. Mr. Granoff: Okay. Thankyou, Madam Chair. Chair King: You're welcome. Good morning. Steven Wernick: Good morning, Madam Chair, Commissioners. My name is Steve Wernick, address the 320 Miracle Mile, Coral Gables. I'm here on behalf of the Wynwood Community Enhancement Association, on PZ.5. The Wynwood Community Enhancement Association's mission is to provide a unified voice for neighborhood improvements and enhancing the quality of life of current and future residents. They're integral in leading the vision plan in 2019 that was recognized by the City of Miami and led to the NRD-2's creation. First, I want to thank Commissioner King -- Chairwoman King, for reinvesting in this community, whether it's Clemente Park or the Bakehouse or (UNINTELLIGIBLE) who was recognized here, 1 think, at the last meeting. Those are critical things and anchors in the community. The text amendments that are on the agenda for PZ.5, the Women's Community Enhancement Association supports PZ.5 and has adopted a resolution that 1'll put into the record and supports the cleanup amendments that were recommended six to one for approval by the planning board at their meeting. These substitutions and the cleanup amendments just relate to Section 5.1.5 architectural standards and the illustration of 5.1. I'm going to put this into the record, but 1 think this is, -- the NRD-2 is a tool and this is a way to reinvest into the community. I think these amendments can help us to produce more workforce and affordable housing that's accessible to people in the community. Thankyou so much. Chair King: Thank you. Good morning. Cary Johnson: Good morning. My name is Cary Johnson. I live at 29 Northwest 52nd Street. I'd just like to say that 1 like museums. And I travel all over this country to see museums. I've been to quite a few museums down here in Dade County. If you go over to Coral Gables, you'll see Coral Gables has their museum over there on how Coral Gables was built. Everything in Broward, everything down here, Coconut Grove, everybody has their museums, but if you look at it, they got a small section on the black community, and the black community was the ones that really built up every city that's here. But they don't give the black community a museum for themselves that you can go to and the children that's in the school system and everywhere else can go and find out about their history. I think that there's definitely a lack of giving black population their amount of what they should get out of what they've done. And through history, okay, I've seen a lot of museums. I think one of the best museums I've seen in black history was in Jackson, Mississippi, okay? And I've seen one that's in Washington D.C. also, which is very nice. But we need to have something here, okay? This is a big city now. It's like I'm from Chicago and they have plenty of museums in Chicago. And they should have plenty of good museums here, down here in Miami, because now we're turning to be quite a big city. And you need to have everybody to be referenced, not just the Spanish and not just the whites, and not just, but the blacks also. And I think that Virginia Key Beach would be a nice place to put a black museum there. Thank you. City of Miami Page 16 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Chair King: Thank you. Good morning. Caro Gutierrez: Hi, good morning. I'm Caro and I'm a lifelong resident of Miami. I'm a young person who came to you to talk about the past, present, and future of Miami, what I want to see for it, and in opposition of SR.5. Thanks for those of you who are physically here also. It feels disappointing and unsurprising seeing the elected officials of the City of Miami to do things without regard for what the public is clearly asking for. You guys are championing unnecessary developments, avoiding accountability, and activeiv working on taking important parts away from our community and its people. The Virginia Key Trust and as Chris mentioned the Tower Theater are only examples for the framework that you're all actively working on operating to run Miami in your favor. And respectfully, I don't understand how you're pointing fingers at communist China and you guys aren't holding up the mirror to see your own actions and what that hypocrisy looks like. I wish I could change the rules at my job so that they would be convenient for me and I'm sitting here wondering like everyone else in this room why you guys can all change the city rules to be convenient for what you want. You're erasing Miami history, you're erasing black history specifically. I care about my city, the ones who built it, and the ones who keep it moving, and I don't think it's you, if you're actively choosing, to look the other way. Independent trust, black history, one plus one equals two, it's pretty simple. I don't see where your oversight is, but we all see you in this room, and I'm leaving here wondering if we also got a friendship bracelet for trying to defend what we care about. I yield my time, thank you. Chair King: Good morning. Michael Clarkson: Good morning, Madam and the rest of the commissioners. I want to talk about two things today. I was born in Louisville, Kentucky, the home of Muhammad Ali. That's how we got to Miami, through him. That was our connection. I remember the beach. I remember my dad driving my twin sisters, me and my mom, to come down here to a beach, because the biggest waterfront we ever seen was the Ohio River. So, whatever you are going to do with Virginia Key Beach, please do it. It needs to be done. If you're going to put a museum there, put a museum there. But put something there that recognizes the history, of the people of this city, who built this city. Last thing I'd like to talk about is the fact that I'm glad that you finally getting the Little Haiti (UNINTELLIGIBLE) I get messed up with that word, anyway, but I'm glad something is really getting ready to be done with it, because it's just been sitting dormant for too long. So, I just hope that I support whatever move you're making. The CEO, the proposed CEO, I've heard nothing but good things about him. I hope that we can finally, you know, get some meetings going on where we can get something done. But that history about Virginia Key Beach, I really want people to really understand that because I came up in segregation. I was born in 1948. We only had one swimming pool in Louisville, Kentucky. So that's how we ended up down here in Miami. My familv's been down here ever since. So, I thank you for your time. Chair King: Thank you. Good morning. Mr. Hannon: Chair, can I have the speaker's name? Sir? Just your name for the record? Mr. Clarkson: I'm sorry. Michael Clarkson, 122 Northeast 78th Street, T.I.T., Miami, Florida. Mr. Hannon: Thank you, sir. Chair King: Good morning. City of Miami Page 17 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Burt Mervil: Good morning, board. Burt Mervil, 246 Northwest 54th Street, 33127. I'm here in support of R.11 [sic], a reference to the interim director. I'm glad that we can finally be moving this forward. But in addition, Tin also here to talk about SR.5. 1 spent long hours with Dr. Pickney just in reference to preserving the oral history of Virginia Key Beach. And so for us, it means a whole lot for -- you know, to keep this board together and for you guys to table SR.5. But it begs the question, like, what's the real ulterior motive for removing an entire board? Like, I'm -- it's really perplexed. So I wonder, is it a development thing? Is it about the developers? Like, what's it really all about? So, I'm hoping that we can keep this board here together so they can accomplish what they started. Thank you. Chair King: Thank you. Good morning. Amino McNeil: Good morning. My name is Amino McNeil. I'm the president and CEO of the Martin Luther King Economic Development Corporation located at 6114 Northwest 7th Avenue. I'm here to show my support for the Chairwoman on the Virginia Key Beach Trust Item. The reason I'm in support is that for over 10 years I was a board member where Ms. King was our leader. And in those 10 years, I saw where the board started and where it ended when she had the honor of being elected to office. And I'm confident that as the Chairwoman of the board, she will make sure to put the concerns of the community first as she currently serves the District 5, which is majority Black, and the board that I serve on, we serve Liberty City, Brownsville, a community that is majority Black and is underserved and whose voices are often overlooked. So 1 understand the concerns of the community, but I do believe that Ms. King would be a good person to help the board go in the correct direction, no matter what that board is composed of Thank you. Chair King: Thank you. Good morning. Wilkinson Sejour: Good morning, Madam Chair, and good morning, distinguished Commissioners. My name is Wilkinson Sejour. I am the owner of Chef Creole and I am requesting that we deny SR.5. I remember when I was young, we used to go to Virginia Key Beach, my grandfather, my, dad, my family. And not too far from Virginia Key Beach was the zoo, when we were young. Interesting enough, we're at the point right now where we're actually trying to establish legacy. The Virginia Key Beach represents history of black people that tells a tremendous and significant story. And that story that we're talking about, in the big scheme of things, would be crumbs on the table. We should at least honor that and we should at least look at how we could extend that legacy. Now, when we talk about removing the board, we all know that everything in this lifetime is time sensitive. The time it takes for us to replace, remove, or try to make changes is the time that we're losing from trying to build a successful legacy that's been trying to be established. For quite some time this board has been here. This seems to be something that's systematic with Madam Chair because I was -- the board -- I was the chair of the Board of Little Haiti Revitalization Trust and Madam Chair's way of introducing herself was to of course dismantle the board. And we all know that it's time sensitive. We're talking about a community that gave the developers their billion dollar payout because of the SAP (Special Area Plan). And at this point, the community has not gotten anything in order to sustain themselves. So I ask, please -- Chair King: Thank you. Mr. Sejour: -- regardless of us trying to micromanage -- Chair King: Thank you. Mr. Sejour: -- please -- City of Miami Page 18 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Chair King: Good morning. Fabian Martinez: Good morning. Is the mic on? Good morning. My name is Fabian Martinez. I am the founder of (Comments made in Spanish not translated), a property that used to belong to my grandmother when she got here from Cuba. I've turned it into like a community center. I am a resident and business owner in Allapattah. So my interests are that GSA, 19 acres, there was supposed to be a RFP released. It hasn't been released. So, we're hoping it does get released and the interest of affordable housing, working class housing, and market price. I think within 19 acres we could accomplish that. That's the reason I came in here, but now hearing about Virginia Key, I came from Cuba in 1980 as a young man, and I'm very grateful to this country, to this city, Jroeverything it's provided for me and my family. But throughout my history, 1 have seen the struggle of the black community in Miami. And as a Cuban American, you know, I'm an American now, Cuban American, I think that we have to -- if so many Cubans want us, you know (Comments made in Spanish not translated), then we also have to be worried about the people that are the backbone of Miami. Miami was not built by Cubans. Miami was built by the Bahamians and the Black community. Later, the Cubans enhanced it, so I asked for the Cuban Americans and any other Latinos to have the back of the Black Americans that deserve the respect. So to me, it's a disgrace that you would try to take Virginia Key away from them. For so many years, they couldn't even go to Miami Beach. What, you don't agree with what I'm saying? Commissioner Reyes: I've got to clam something. Nobody's taking Virginia Key from nobody. Virginia Key and the trust and the museum and all of that still on the table. Nobody is going to kick or try to erase the history of Virginia Key. 1 came here in 1959. I came here when Blacks had to sit in the back of the bus, and they had their own water fountain. I know, and I suffered with them, you see, and I was discriminated for being a Cuban, too. And nobody is going to take Virginia Key. Madam Chair doesn't want to take Virginia Key from nobody. Madam Chair wants to -- what she wants to do is to get it done. Get that museum done, you see, accusing her is quite unjust. Mr. Martinez: Thank you. I'm glad that we are on the same page. I appreciate your time. Chair King: Thank you. Good morning. Catherine Martino: My name is Catherine Martino, 3526 Southwest 26th Street. And I just -- I'm here in solidarity for -- with everyone here who is speaking out against SR.5. And I just want to say I'm really moved by the passionate testimonies that people have shared today, especially from some of the members of the community who have experienced segregation. And I want to say, to your point, I'm a newer resident in Miami, but I think one of the main issues here, from what I understand, is keeping the trust as it is. And so I just want to say I stand in solidarity for that. I think it's very important to keep the trust as it is. And I also want to say more selfishly that I really want for Virginia Park to stay as it is and for the trust and for that museum to be built so we can all experience it together and I hope you guys do the right thing. Thanks. Chair King: Thank you. Good morning. Vivian Perkins: Good morning, Commissioners and everyone, good morning. My name is Vivian Perkins. I live at 1300 Northwest 50th Street. I'm here to discuss BC.23 and 24. The right words at the right time tells who you are. Please open your hearts and try to understand the suffrage in my community. Come check it out. Please come check it out. Then you will know you don't understand our story. Chairwoman King has represented a good critique of our history and our story. If you can keep an City of Miami Page 19 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 open mind and an open heart, working together, we can come as a team to get our first historical Black beach museum in Miami. Funds released and billed for our youth, our young adults, our seniors, and our children. Come on, audit the audit, whatever it takes. Let's build and solve and resolve this problem. The people I represent, they're waiting on an answer. For years they've waited on this answer. We think it's an educational opportunity for everyone and for everyone to learn our story. Now what do you want me to tell them? Aretha Franklin liked to say, if you know who she is, R-E-S-P-E-C-T, tell me what it means to you. Tell me what it means to you. Thank you. Chair King: Thank you. Good morning. Ovide Val: Good morning, Madam Chair, Commissioners. My name is Ovide Val, 25 Northwest 51st Street. I'm an attorney. 1 grew up in the Little Haiti area. Speaking a little bit on Resolution 11 as it refers to the appointment of Jeffrey Dufirstson, I just want to say that I think that it's about time we have people with his caliber and with his accolades and with his kind of resume that's going to be managing something like that. So I'm here on their behalf to endorse him. And just on a side note, I think it's kind of clear what the community really wants as it relates to the Virginia Key Beach. So, I hope we all do the right thing. Thank you. Chair King: Thank you. Good morning. Mary Reeves: Good morning. My name is Mary Reeves, and 1 come as that little girl when we had to rise at 5:00 a.m. in the morning to catch three buses carrying our brown bags and praying that they didn't break, to go and enjoy the only beach that we could enjoy at that time. Now with the current situations that are going on in the legislature, especially the Florida Legislature, (INAUDIBLE) trying to erase our history, everyone's' history. It's sad. It saddens this little girl. Lastly, I would ask that we do the right thing and to do it expediently. It has been a while and it has been a long time coming. I ask that we respect, embrace everyone's culture and make this city, this Miami -Dade County, a place that we can say we did it and show them our love. Thank you. Chair King: Thank you. Thelma Gibson: Good morning. Chair King: Good morning. Ms. Gibson: I'm Thelma Anderson Gibson, 3661 Franklin Avenue, Coconut Grove, Florida. And I was hoping -- Commissioner Reyes: Welcome to your house. Ms. Gibson: Thank you so much. Thank you. Let me say good morning to the audience. You know, it's always a pleasure for me to be here and to thank you all for doing what you're doing. You've done so much jrome over the years and for our community. But today, I wanted to talk just a little bit about the importance of the public, the trust, Virginia Key Trust, because the background is so important, and I think that some of you don't know how we even got our Virginia Key Beach. And it was 1944 and '45 that black folk decided they would come together and do something about getting a beach for us. We were going, they had a little park for us on -- Crandon Park in the beach, and it was so separated. And they were always saying words about what happened to us colored people. You know, we were negroes and colored back then. Many of you don't realize that we didn't get Black until the 70s. City of Miami Page 20 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Commissioner Reyes: Yes. Ms. Gibson: Young people decided in the 80s we became African -Americans. But as negroes, we had nothing. Our children had nowhere to go to and swim. We had to go all up to Dania Beach or some other place to go to the water. And so, in spite of the fact that I was short of breath this morning, I said, I've got to get down to City Hall, and let them know that I hope they'll reconsider taking this away from us. Because people like Neal Adams, who was president of Brownsville NAACP, and Dr. Hawkins and Reverend Graham, who were president of the Miami branch of NAACP. Ms. M. Athalie Range, who was our first Black woman commissioner in the City of Miami, and then went to the State of Florida to work on our behalf And so, people like Arthur Reeves and the people who went to the city came to the city and went out and said, we've got to have a beach for colored people and negroes. That's what we're doing back then. And so this is how they fought to get Virginia Key Beach. And we had that. And then you, the City Commission decided to have the trust. And the trust was doing a good job. And they were really trying to do something with that, and to improve the conditions. And it has been such an improvement so far that I remember when Brown was in charge of the park, and we got some little things done. I had gone away to nursing school and when I came back and saw all the things that had been taking place, I was (UNINTELLIGIBLE) that I had to stay home and fight for the rights of my people. And the ancestors who fought for this. So, I'm hoping and praying that this commission will reconsider taking over the trust and let us feel like we have something that we have control of. And so, my plea to you this morning is that you'll reconsider what you have taken over, the Virginia Key Trust, and let us continue. Mr. (UNINTELLIGIBLE) his son, does a great job when he was taking -- doing on the trust and so many people who are in the end. And I know that they will be crying if you don't let us have -- continue to have something in this great City of Miami. And I just want to pray that you will reconsider this taking over as a city. And I want to thank you in advance for your consideration. Thank you. Chair King: Thank you. Commissioner Reyes: Madam Chair, if I may. Thelma, Ms. Gibson, hello? It is me, Manolo. I've known her for a long, long time, since I first came to work at the City of Miami when Reverend Gibson was a City Commissioner. I used to go visit her and her husband with a good friend of them, Jack Alfonso, and we used to spend hours there talking. And you got my great respect, as was your late husband, who was a wonderful, magnificent City Commissioner. But I want to assure you, I want to assure you, you can go home and be sure that history is not going to be rewritten, that the Black beach is going to still be the Black beach, that Virginia Key is going to have a museum, that it is going to have -- I mean people -- for all people to come and witness and find out about the origin of that beach and the plight and fight of the African - American people for freedom. I can assure you that while Pm here, I'm going to be fighting for it. Ms. Gibson: I appreciate that. Thank you so much. Commissioner Reyes: And I know that all of us, we want that to -- that Virginia Key would remain. I don't know where you got the idea that it was going to be renamed or that it was not going to be the Black beach anymore, because when I came in 1959, that was the Black beach. And let me tell you something that you might not know, some of us Cubans, because we were not so happily received in Miami, we were discriminated by many people, you see, of all colors and all shapes. And some of us, we used to go swim there, you see, because we were not rejected. Ms. Gibson: Okay. City of Miami Page 21 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Commissioner Reyes: Even if we could walk into Crandon Park, still we were the <expletive>. And 1 will never forget the times that 1 used to go and swim at Virginia Beach because it was peaceful, and it was nice. Ms. Gibson: Thank you so much. Commissioner Reyes: Okay? And we were accepted. Ms. Gibson: Thank you. Commissioner Reyes: So, I will not allow that, and nobody here is going to allow that. So don't worry about it. Don't worry about it. So, rest assured that that is not going to happen. Ms. Gibson: That's right. That's (UNINTELLIGIBLE) Mr. Mayor. Did you hear me? You heard whatlsaid, Mr. Mayor. Vice Chair Carollo: I did, Commissioner. I certainly did. And I have to apologize, Chairman King [sic], but this is my favorite Commissioner. You're second. You'll always be my favorite Commissioner, ma'am. Ms. Gibson: Alright, thank you so much. Chair King: Thank you. Good morning. Karen Jackson: Good morning. My name is Karen Hunter Jackson, 1420 Northwest 199th Street. My grandparents came here under contract from the Bahamas and helped build this city and my concern is not that either party is capable of -- of doing, and doing the building, but the trust has a singular interest and focus, and Commissioners have divided interest and are subject sometimes to lobbyists and other pressures, and Commissioners come and go. And Madam Chair, you may have the biggest heart and greatest intention on doing right by Virginia Key, but by placing it under the Chairperson's or the Commissioner's purview, when that changes, that heart may not be there, and that singular focus on doing right by the trust, or Virginia Key might not be there. So I think by putting it in the -- keeping it in the protective hands of the trust would, for the long term, secure and ensure that that focus and the mission would be met. Thank you. Chair King: Thank you. Good morning. Zachary Spicer: Good morning. Zach Spicer, 863 Northeast 79th Street, Miami. I would say it's good to be here, but we all just witnessed the interruption of this emotional and personal discussion to virtually signal about the values of democracy and paint other countries as villains. Before that, it was already unfortunate that I have returned to City Hall because you all are once again attempting to unjustly upend the historic management of Virginia Key. If you want to stick to your promises that Virginia Kev will remain the same, the museum built, the history preserved, then SR.5 must be withdrawn, thrown out, discarded, and never brought back to the table. As much as you can claim that nothing will be changed on Virginia Key, the timing of this decision is obvious. We see what you're doing. There's a reason that more than half of this room is Black. Because you are openly bringing anti -Black legislation to the table. You are not allowed to look at us and tell us that grabbing power from a majority Black trust in charge of a historically Black beach is not suspicious. What you're trying to do here is spit in the face of activists and Black residents across the City of Miami and the county as a whole. What makes you think you have any of the skills necessary to effectively manage the trust or select appointees to it? What makes you think you or your appointees can do it better than those that have been doing it City of Miami Page 22 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 for years or generations? It is extremely obvious to everyone present that this comes in the wake of the backlash against the proposed homeless encampment alongside desires for development on Virginia Key. You are proving that it is wrong to have faith in our government. That regardless of what the public says, you will happily move -- make your backroom deals and move forward. We saw this happen two weeks ago when dozens of community members came out in support of the outdoor center. You completely ignored our requests. I'm here to say again, we do not need development or your influence in Virginia Key. Here's your chance to do the absolute bare minimum and allow the community to continue governing itself. Also, SR.4 must be discarded as well for what 1 hope are obvious reasons. Thank you. Chair King: Thank you. Good morning. Tangela Sears: Good morning. Tangela Sears, 1140 Northwest 62nd Street. Just here to say this is something that was approved back in 2005. I'm just sorry that the Chair is being attacked by things that have not been done, but we support you in working to make sure that a museum is put up in the Virginia Beach area and working with the trust in trying to do that. But the trust have had an opportunity to do that over the years and nothing has been done. So it's sad that we're here today and we're laying responsibility on someone that just took office two years ago. Chair King: Thank you. Good morning. Patrick Range: Good morning, Madam Chair, members of the Commission. My name is Patrick Range, lifetime City of Miami resident, business owner of 5727 Northwest 17th Avenue. I'm also the current chair of the Virginia Key Beach Park Trust. We know that that position that 1 hold currently, at the end of today, I may no longer hold. I stand before you with tears in my eyes today because of the passion, not only that I have invested into this trust, but the passion of so many that have come before me. And that's why I'm here today. As I told you last week, it's not about me. It's not about me having to be the chair of this trust. It's not about me having to be a trust member. It's about the mission of this trust, the master plan that was approved by this body to build this museum on Virginia Key and to have this park remain in perpetuity for the enjoyment of all of our citizens, our children, our grandchildren. That's what this is about. And so I don't want to belabor things today, but I do want to make just a couple of points and offer a couple of recommendations and offer, as I have from the very beginning, my support, my assistance in whatever way, in whatever capacity that I can give it. And that is sincere. I come before you today as a land -use attorney. I hold a Juris Doctor. I also hold a Master of Laws in Real Property Development. Developing is what I have been trained to do. I have represented the biggest developers in this town that are responsible for the reasons that people want to come and visit this great City of Miami today. And so again, that's why I stand before you to add to what this marvelous magic city already has. You all know the impact of museums. Chair King: Thank you. Mr. Range: I do have some folks that are willing to donate their time for me if you're willing to hear me. Chair King: Perfect. Mr. Range: And that would include Sheila Forman. You all know the impact that museums have on cities and on areas. It can be seen everywhere. This is a gem that you all will be able to tout as you go around and visit other places, as you tell folks the story of this city that you helped to build. This is only a piece of that, but a great piece. This can be the first museum dedicated to the Black history experience here in City of Miami Page 23 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Miami. It also is a great environmental gem. And let me be very frank, I appreciate your and all of your overtures about wanting to see this museum built. That is important and that says more than anything, okay? And so we want to believe that here today. But we also know, and I won't say names, but we know that there are influences in the county that for some reason or other don't want to necessarily see this built on Virginia Key. And we've heard the stories. But let me tell you, our plans have always been to build a first-class museum on Virginia Key. Not only a first-class museum, but one that will be resilient to sea level rise. This is an opportunity for us to be an example to the world of how to deal with sea level rise. You all have the ability to champion this and to tout this to the world. We have thought about this. We have thought about how to make this building work. Okay? Raising the level of construction so that it would not be affected by sea level rise. The certain siting on the property that would give us the maximum protection. So these are things that we've thought about. These are some of the expertise that we bring to the table that we offer to you, okay? The museum, again, is what we are here about, but I do -- I would be remiss if did not address some of the concerns that were expressed previously. There were comments made reference to our payroll and those sorts of things that are going on. And I do -- Chair King: Do you have somebody else? Mr. Range: -- have other persons that are willing. Nancy Nieves. 1 will just say this about the payroll and I'll leave it alone. Our payroll, the percentage of our payroll versus our overall budget, is in line with that of the city, is in line with other organizations of our type. I think we were mischaracterized at the last meeting. We're not a business. We are not a business. So we should not be held to the standards of a business. A business has different percentages for what you would consider payroll should be, okay? This is a park. This is a park. And again, I think that we are all willing to look at whatever concerns that you have to address them. If it's payroll, again, we can deal with that. Help us -- help us to help you. That's what we're here for. Also, I want to address the audit of the trust that has become finalized. I was very hurt, as were many members of our trust and our staff by the accusations that were leveled by this body against our body, our trust. Accusations of malfeasance, financial impropriety, hands in the cookie jar, all of these were things that were said on the record about us. I have in my hands today a copy of the finalized audit which you all should have received. I would like to submit this to the City Clerk as a part of the record for this item so that it's available for all to see. Now, there were findings in this audit, none of which, however, mentioned financial impropriety, malfeasance, or anyone's hands in the cookie jar. There are things there that are of a serious nature that need to be corrected, but nothing that rises to the level of the things that we heard said against us at previous Commission meetings. And so the first thing I would ask just out of fairness, is that we receive apology from this body for those accusations that were leveled against us that were untrue, false. And, you know, I'm not here to threaten or anything of the sort, but there were slanderous things that were said against us at those previous meetings, and I'll leave it there. And so I would ask for an apology from this body for those accusations. We have persons here whose reputations can be affected and have been affected by those comments, including mine. Arlene Perez: Arlene Perez. Mr. Range: Arlene Perez. We have folks here that have jobs that they go to every day. We have clients that we represent every day, just like some of you do in your personal lives and your personal businesses. And to stand here as a volunteer and be impugned in the way that we were, without evidence, was unfair and unjust and should not have happened. And so, again, I demand an apology from this body for those things that were said against us and really helped to create a lot of this storm that we're in today. City of Miami Page 24 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 There's also comments made about us being self-sufficient and looking for us to he self-sufficient, which as 1 stated at last meeting, for seven years we were self- sufficient. We didn't receive a dollar from the City. And so we can be that again. But 1 ask you, look around the country. What parks are self-sufficient? What parks run themselves without any contribution from their -- the body, the city, the municipality that they sit in? Very few, I would suggest. This is the largest park in the City of Miami, 82 acres. Why should it not be the best park? This is a park that all of your constituents enjoy. Most of the folks that attend our park don't look like me, on a daily basis, but they go and they enjoy, and they have the opportunity to learn about the historical gem and an environmental gem that is Virginia Key. And that's what we as a trust are all about, providing that education, providing that historical understanding. That's what our mission is here. Not to be adverse to you. We're here to work with you. We cannot do anything without you. Let me be clear about that. Let me state that again. We cannot do anything without you. You all have the vote that we require to move any of this forward as regards to this museum. Unidentified Speaker: Isabella (INAUDIBLE). Mr. Range. Thank you. So again, we say we are here to work with you. Tell us what your issues are with us. Let us help you fix them. That's what we are here to do. That's what I pledge to you to do. We have been a stepchild of this city. There's no question about it. Again, 1 restate, why are we not a part of the Parks Department, Mr. Manager? That would solve a lot of our financial issues that you all raised questions about, a lot of our staffing issues that you all raised questions about. Why are we not a part of the Parks Department? Why do we not receive a dollar from the Parks Department? And for some comparisons that were made at the last Commission meeting, we are not Bay front Park Trust. We are not an event space. We are not an event space. Nothing in our ordinance says anything about us being an event space. We are a park. We hold events because we did not receive sufficient money from the City to operate the park. Half of the issues in the audit are related to special events and special events items that, if we weren't holding events, wouldn't even be issues for us. Again, I say to you, we need your help. We need your help. Reasons why you all should not want to sit as trustees doesn't grant you any more authority over the outcome of what we are doing. You all hold the keys to us unlocking the money at the county. And let me tell you, there are folks there that wouldn't necessarily want to see us get that money. This money is for the City of Miami. And it's you all's responsibility to see to it that we get it and build this museum. Reasons why you don't want to be trustees. You'd be duplicating your work. Charles Wayman: Charles Wayman. Mr. Range: You'd be duplicating your work. If you're going to sit as the Virginia Key Trust, anything you approve as the Trust, you're going to have to come back and approve here, particularly as it relates to the museum. So kind of like you do in some situations in the CRA (Community Redevelopment Agency), not all of them. Sometimes you've got to take a vote there and then you've got to come back and take a vote here. So if you all sit as trustees, you're going to have City staff City Clerks Office there taking notes, wasting taxpayers' money so that you all can come back as this body, the City Commission, and approve what needs to be done. Justify that for me, please. Many of you have no connection to this park, so why would you want to sit as trustees to it? Half of you have not made appointments to our board since you've been elected. Why that is, I don't know. But we invite you to have your input, have your voice, make your appointments. And your voice can be heard, your input can be there. Again, we know that we have to do whatever it is that we have to do through you. So, we're not here to be adversarial. We're here to say that we want to get this done. Now. Just like you, we're tired of waiting. It's ridiculous that it's been 18 years since the GOB monies were approved for this project. It's ridiculous. And trust me, I City of Miami Page 25 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 can give you a whole host of reasons and obstacles that have been put in place that were not brought about by this trust that have kept us from moving forward. So do you really want to duplicate your work? Do you really want to be in a situation where you've got to create a museum and you don't have the institutional knowledge, the background about the history that you're going to be building this museum to represent? Unidentified Speaker: (INAUDIBLE). Mr. Hannon: Sorry, I can't hear your name. Mr. Range: Samantha Bloomfield. What do you really know about Virginia Key Beach Park? How many of you all have been out to the park in the last five years? This is what we do. This is what we know as volunteers. And we're here offering ourselves. I could be at work. I should be at work right now. I should be on a funeral. I should be representing a client, but I need to be here. And I pledge to you I'm not going anywhere. Whatever you do today, you will see my face. That's my pledge to you. Requests that we ask of you today, first and foremost, build our museum. Let us help you do it. We've got a little bit of institutional knowledge, a few things that can help you, a few experiences, obstacles that we've had to cross that we shouldn't have to cross again. Use this knowledge and whatever little bit of expertise that we have to help you. Provide us with a calendar, a timeline for getting this done. If you all are really sincere, and we believe that you are, help us to put a calendar together with the Manager's staff that we can all follow and track the progress of what we're doing here so that we can all get to the end goal that we want. Help us to do that. Direct staff to fast track this project. Ask the City Manager to give us dedicated staff to moving this forward. Dedicated staff that will deal with the county, getting us beyond these hurdles that we've had in terms of being able to access these dollars from the county so that we can get started on the construction of the museum. Because I do believe that staff has been part of the delay for us. Things come up. We had an item on the agenda today, PH.8, deferred on the floor. Why? We've been trying to get this item on the agenda since February. A bid waiver to get our consultant back on board so we can amend our business plan. Luis Linares: Luis Linares. Mr. Hannon: I'm sorry, I can't hear. Mr. Range: Luis Linares. And I'm almost done here, Commissioners. Thank you for your indulgence. We've been trying to get this item on the agenda since February. And it's on today and it gets pulled. Why? My understanding is because staff didn't have time to meet with you all. Since February? These are the type of delays that we can't have. And these are the type of delays that have caused us to be 18 years out with money in hand, unable to build this museum. So again, I'm asking you today, help us. Help us help you. Lastly, I want to request, again, we believe your sincere desire to have this museum built. As you all know, the Miami Forever Bond is in play. Tranche 1 has been completed. I don't know how much, I don't know if staff can say how many dollars were given to parks in Tranche 1 of the Miami Forever Bond. Guess how much Virginia Key Beach Park received out of the first tranche of the Miami Forever Bond? So, you tell me you're serious about building this museum. Tranche 2 is out now. Each of you have over $20 million in your personal district funds for resilience. We are ground zero for sea level rise and resilience. Let us be the example for you. Give us some of your resilience dollars to make this museum be the gem for sea level rise. We could be lead platinum and be an example to the world of how you deal with sea level rise. The dollars are there to do it. You don't have to give us all of your resilience money. Give us a couple of million from each of Some of you were very City of Miami Page 26 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 generous in being willing to give us $150, 000 from your personal budget. The Miami Forever Bond funds are funds that you have to allocate somewhere. Michelle Simary-Smith: Michelle Simary-Smith. Mr. Range: I believe there's also monies in that second tranche that have not even been allocated for a purpose yet. So you could give some of it to us as a park, as we probably should have gotten in the first tranche. If you're serious, that's an easy way to do it, in my mind. So, these are our requests before you today. Help us to get staff in line to move this forward on a fast -track basis. Use us in whatever capacity that you will. I will be here to help you. Again, in whatever capacity that I can, my expertise is available to you. But we're all here working. We're all here. We want to get this done. Remove us, don't remove us, we'll be here. That 1 promise you. Last thing I'll say, it's funny that we're having this meeting today. Today is known as Sir Lancelot Jones Day. If you're not familiar with Sir Lancelot Jones, maybe my colleague Jean will tell you a little bit about him when he comes up. But you should look him up. This is his day. The only thing I'll tell you about him, he fought to save a park. That park later became Biscayne National Park. Thank you. Chair King: Thank you. Good morning. Valerie Crowford: Good morning, Madam Chair and Commissioners. My name is Valerie Crowford, 50 Biscayne Boulevard. And I was going to yield my time today, but when I saw Ms. Gibson get up, it pained my heart that that woman had to get out of her bed to come for something like this and not a ribbon cutting. And if you want to do anything to honor her and the legacy of our people, you will rescind or reject that. Because that woman should be going to ribbon cuttings, and we should be honoring the legacy of all the soldiers that we stand on today. So please don't dishonor her, nor us. I am begging you to reject or rescind that. Because this is unfair to that woman and all of the people behind her. And if she wants it, then you guys should honor her by rejecting or rescinding that. And I am begging you to please honor this woman while she's breathing and do the right thing today. Chair King: Thank you. Good morning. Gene Tinnie: Good morning, Madam Chair and Commissioners. My name is Gene Tinnie. I reside at 74 Northwest 5lst Street in the magic city of Miami. I'm the founding vice chair of the Virginia Key Beach Park Trust, honored to have served with Ms. M. Athalie Range, our founding chair and immediate past chair. I'll begin by bringing greetings from Dr. Enid Curtis Pinkney, who could not be here today. She stays for dialysis, but she sends her greetings and I think you know her sentiments from the last time she was here and spoke. And I'm glad that our presence here, Ms. Range's' grandson, Patrick Range, brought up Sir Lancelot Jones Day, which is today throughout the State of Florida. His family is, as you heard, responsible for providing the land that is now Biscayne National Park. I'll try and, try real hard to be brief. What I'd like to just call attention to, I think it's very -- it'll be helpful to all of us to clear the air on one thing. Much has been made of the findings that the auditor made in the Auditor General's report. When -- auditors are to corporations and organizations and government what editors are to authors. When auditors make auditors made findings, these are not indictments, these are just corrections. All they're saying is, these are things you need to fix so you can do your job better. And after you fie those, there will be other audits and there are going to be other findings. There's not a person in this room, except one I guess that will remain nameless, who's never done anything and therefore never made any mistakes. But there's nobody in this room who, if our life business, is that it? Stanley Young: Stanley Young, yield my time. City of Miami Page 27 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Mr. Tinnie: Thank you. There's nobody here who, if our personal life dealings were audited, there would be findings. So I'd like for us going forward to be free of all the sensationalizing and senseless, you know, grandstanding when there's productive work to be done. Madam Chair, I want to make special mention of the fact that we're not here so touch -- the question before us is not so much if the trust should be disbanded and reconfigured as why, why is this being done. This whole impetus has been on questionable information, unfounded allegations, mass misinformation. And Madam Chair, I want to just say special appreciation to you for keeping the ship aright during the storm and crafting some kind of compromise that could get us through this, which got approved 30 days ago, but the hard truth is that that compromise is not needed. There is no need to restructure the trust. If the trust is disbanded, and we're -- you know, we're not talking about just -- Kechi Okpala: Kechi Okpala, yielding my time. Mr. Tinnie: Thank you very much. You know, we're looking at the lives and livelihoods of dedicated people who have given to this cause above and beyond. And I'm speaking about our employees, our consultants. These are not decisions to be just made hastily and without sound informational basis. So I appreciate and I can speak honestly for the whole trust and as taxpayers, of course we appreciate the audit. Of course we appreciate knowing what needs to be corrected. We appreciate your scrutiny as commissioners. We wouldn't expect anything less. But let's not use this gift of life in unintelligent ways when there is so much to be done. So -- and I guess the last thing 1 also want to just make and yield to others, we hear so often that -- how much the city has given to the trust, et cetera, et cetera, we're taxpayers. If I were to tell you how much people like Dr. Pinkney, Ms. Range, Ms. Eugenia B. Thomas, Ms. Bernice Sawyer, and others have given to the city of their time. If I told you the tens of thousands of volunteer hours that people have brought to that beach. No, we are not a charity coming here with our hat in hand, begging for any kind of support. Thank you so much for your attention, and can we come back to our senses and simply rescind SR.5 and go forward in a productive way. Thank you. Chair King: Thank you. Good morning. Sharon Frazier: Good morning, Honorable Chair, Honorable Commissioners. My name is Sharon Frazier. I'm a community advocate. I'm standing here in support of the Virginia Key Trust. This is a historic park. When my family came here in the '50s from Georgia, when we found out that we could not swim on Miami Beach, what we -- we worked there. When we found out that we cannot go to Crandon Park Beach, so as we are Clack Americans and enjoy Miami Beach and the City of Miami parks and beaches allowed us to have Virginia Key, the colored beach. There is some organizations that are not being transparent and yes, they need to be audited. And maybe, and just maybe, we, some of those board members', might need to be replaced. But to have our trust, the colored beach, when I was a little girl in 1968, went to the colored beach and enjoyed the colored beach. We have some commissioners that's on the dais that came from a country of oppression. Please, do not come to our country and oppress the African -American Blacks because we have been fighting. The NAACP have kicked, knocked down doors, to open up avenues for us to prosper. God bless you and God bless the City of Miami. Chair King: Thank you. Good morning. Courtney Berrien: Good morning, Commissioners. My name is Courtney Berrien, 3325 Charles Avenue. I work at Barry University'. I wasn't going to come today, but I was listening to this hearing and I decided to cancel all of my meetings and get myself down here to speak. I run community engagement programs at Barry University and before that I worked in the nonprofit sector working with Miami -Dade County Public City of Miami Page 28 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 High School students connecting them to civic engagement opportunities. And I'm here to speak about the value added that the Virginia Key Beach Park Trust has provided to us over the years that I think is very valuable that would disappear with this proposal. The members of the board repeatedly give their time to Barry and to other educational institutions to preserve this very important history. And I have to tell you when I heard the history that there was a segregated beach here and that folks of color could not go to other beaches, Pm not a person of color and I didn't live here during that time, my immediate reaction is that this was a terrible story. That this was a sad, terrible story that would be uncomfortable for people. And while the evil of segregation does need to be talked about and taught, that's not the story that this community is trying to preserve and 1 had to be educated about that. 1 learned that this place was a place where all of South Florida's communities of color could come together, celebrate their families, celebrate each other, be prosperous, be on the dance hall. I learned that this was a story of perseverance and it was an opportunity to put Miami on the map as an early civil rights story. That story needs to be told by the people who live it, not by an outsider like me that might not understand what was important about preserving. It's extremely important that people who are part of marginalized communities have the opportunity to tell and preserve their own story and be the navigator of that story. And I have to tell you it feels really wrong if not arrogant that -- Chair King: Thank you. Ms. Berrien: -- there's a proposition that others can come and tell that story for them. Chair King: Thank you. Ms. Berrien: Thank you. Chair King: Good morning. Billy Hardemon: Good morning. My name is Billy Hardeman, 655 Northwest 48th Street. This is not, in my view, about the trust. This is about mistrust. And it's about mistrust of the Commission. I don't share that mistrust. I trust the Commission as a body to do what's right. The main thing that I want to say about historic Virginia Key Beach is that we, as a community, can do better at Virginia Key Beach. A beach that you can't swim in it's no beach. It's not a beach if you can't swim in it. It's a disgrace to call it a beach if you can't swim in it because it's unsafe. But we as a body, as a community could make it safe, could make it a real beach. I love Arthur (UNINTELLIGIBLE). I love Ms. Range. I love Commissioner Gibson. But today, in 2022, our commissioner is Commissioner Christine King. And we should give her an opportunity to make Virginia King Beach what it should be. And I plead with her colleagues to help her. Help her to make Virginia King Beach something we all can be proud of You know they don't want us up Miami beach. They beat the hell out of us every time we go over there. Chair King: Thank you. Mr. Hardemon: So let us reclaim the Black beach and make it a place we all can enjoy. Thank you. Andrea Copeland: I'm giving him my time. Chair King: He's finished. Good morning. Dennis Philips: Good morning, Commissioners. Thank you all for being here and listening to us. My name is Dennis Phillips. I live at 2576 Trap Ave. just down the City of Miami Page 29 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 street. I am the son of a Cuban immigrant. My mom came here on the Peter Pan flights. 1 went to George Washington Carver with your daughter Caroline. Virginia Key is truly a sacred place. Socially, ecologically, it's something that needs to be preserved and I'm not here to point fingers. I think we can all work together and do something really, really important that will be celebrated nationally. And I think that's the key here, that we need to do something that makes this place shine. Thank you so much for your time. Chair King: Thank you. Good morning. Sandy Dorsainvil: Good morning. My name is Sandy Dorsainvil, 57 Northeast 69th Street. I come to speak in support of RE.11. Although the revitalization is key to ensuring Haitian culture remained embedded in the fabric of the City of Miami, the Little Haiti Trust Initiative has been sabotaged at every turn. Finally, we see the City is attempting to do what the community has been urging, to make the trust operational. It is very ironic that we are here today battling the dismantling of another trust for a Black -- for a historically Black space, and we're also battling to see the city do something positive for Little Haiti in establishing a working functional trust. And there's so much work, conversation around trusting the Commission to do the right thing, but they've had 18 years to do the right thing. And they had over five years to do the right thing in Little Haiti. I think the history and the pattern is obvious and it speaks for itself We can only trust the facts and what we see as a community and not just the words of a body of people. So I hope to see Duftrstson Neree do great things at the Little Haiti Revitalization Trust and make it operational. And 1 hope that the Commission will continue to let the Virginia Key Trust members do their work and to support them moving forward instead of throwing roadblocks constantly as they by to move forward and build something safe and secure and a beautiful beach that we can use for the community. Thank you. Chair King: Thank you. Good morning. Luimar Zibetti Garza: Luimar Zibetti Garza, homeless at Peacock Park. Amongst everybody who has given their address, I'd just like you to know that we were part of the homeless team that were here in the last two or three meetings that were completely against having these homeless kiosks set up at Virginia Key. Although it has been 18 years, it's a lot of money folks figure out what they've been doing with it. Now I'm going to add fuel to the fire with SR.2, page 26. In mere weeks, we had first Taiwan that we're being gentle to, and now we're being to Jose Mascanosa we're being very nice to. In mere weeks, all of you shall hear the truth of the deep and wide swamp that runs rampant in this agenda and the authors are saying the elected trader participants. That said, I vehemently oppose the naming and/or honoring any park, land, or statue, et cetera, in the name of Jorge Mascanosa of Mass. Tech. It seems interesting that you do something like this so quickly for the Cuban community and yet this community is saying, wait 18 years. Particularly as Jorge Mascanos self identified as a traitor to our nation and loyal to Cuba. You can check his Wiki resume on that. And again, I remind you of what you've done in bringing in the filth of Taiwan and the communist aspect behind it. And to all present here, you have been given one year to do the right thing on behalf of we the people. I have faithfully done my patriot duty to awaken all of you to this game over. There are no deals and no mercy. You may wish to dust off that cyanide pill now. Choose ye this day. Are you friend or foe? Trump or Joe? The patriots can hear you breathe. Where we go one, we go all. And finally, Eddie Leal, one of the City Attorneys here, tick-tock. As Desi one day said to Lucy, you have some explaining to do. We are now in full circle. Karma is waiting. Thank you. And next time, I would like the opportunity to have somebody -- that. Thank you. Chair King: You never asked. Good morning. City of Miami Page 30 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Martin Jean -Baptist: Good morning, Commissioners. My name is Martin Jean -Baptist Pitie-Dieu-Seul et Relente-Cherie. I'm the chairman of the Captain Haiti Foundation. And I would like to start by saying, (Comments made in French not translated), this is why I came to Miami from Montreal, Canada. Because as a solution, as an entrepreneur, I found a solution for Little Haiti. And I want to get involved with my community. So I've created the Captain Haiti Coin and the Little Haiti Coin, and I've met with the past CTO of the City of Miami, Mike Sarasti, and my model became a precursor from the Miami Coin, like you guys mentioned when Miami Coin was presented to you. So, I am also the founder of Miami Crypto Cleanup. On September 17, we took out 430 pounds of trash from the street of Little Haiti and enrolled 32 new clients to support the local businesses in Little Haiti. We are now scheduled to reward volunteers for cleanup in Allapattah, Overtown, and Liberty City as well. So we also are building an NFT (Non -Fungible Token) box in Little Haiti right across the marketplace. That NFT box is to welcome the youth of Little Haiti that wants to get educated into the blockchain. So my reason why I'm saying this is as an entrepreneur coining to get involved in Little Haiti, I'm here to support DJ Neree as the new executive director of the Little Haiti Trust. Why? It was important for me to do this because as an entrepreneur, as a Haitian, we thought that the only gate to access to Little Haiti was the cultural center. And I have to tell you, with the disgraceful departure of the last three -- well, two, manager of the cultural center -- Chair King: Thank you. Mr. Jean -Baptist: -- we are glad to have -- Chair King: Okay. Ms. Williams: Hi, this is -- you want -- Guy Forchion: Guy Forchion, yielding my time. Ms. Williams: Thank you. I spoke earlier to that. Thank you. Again, this is Teri Williams. I'm president, Chief Operating Officer of One United Bank. In addition to being the president, I'm also the owner of the bank. And I stand here before you representing Black business leaders and owners and clergy who actually sent a letter -- e-mail to all of you, requesting that you rescind or reject SR.5. And the reason is that we are seeking equitable economic development in Miami -Dade County. Equitable economic development, and what that is is it respects the Black culture that is here. It ensures diversity and economic development, and it looks to create economic engines as well as housing and other benefits to our community. Eliminating the trust is not consistent with economic -- equitable economic development. And so we request that you, again, reject or rescind it. I also want to say that this is not personal. There was a comment earlier about Commissioner Christine King. This is not about Christine King, it's not about Teri Williams, it's not even about all the signatories that sent that letter to you. This is really about making our community more equitable. It's about making our community better and actually celebrating the diversity that is in our community. We represent 20 percent of the population, but only receive 2 percent of the government economic engine. Black people comprise close to 20 percent of the Miami population, but only receive 2 percent of the benefit. And so we're asking you to ensure equitable economic development by again rescinding or declining SR.5. Thank you. Chair King: Thank you. Good morning. Elizabeth Jeanty: Good morning. My name is Elizabeth Jeanty, 758 Northwest 121st Street, North Miami. I'm the executive director for the Haitian American Historical Society. Our organization has been there for over 21 years, and our founder, Mr. City of Miami Page 31 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Daniel Fils-Aime, was one of the people that actually also brought Minibus here in Miami. So we have a history as Black people, Haitians, Latinos, the Black -- the African -Americans. I think it's a disrespect to break something that our ancestors have worked so hard to put together and to really try to erase it that way, I think it's a disrespect. And we need to honor their effort and their hard work to have history, to keep history, because it's what represents us that keep us stronger. If we don't know where we come from, we will never know how we're gonna get where we want to go. So please let it -- I mean, keep it the way it is, and instead of breaking it, let's make it stronger and help us keep our ancestors honored and also for the new generation to keep their pride of who they are. Thank you. Chair King: Thank you. Brenda Betancourt: Good morning. Brenda Betancourt, 1436 South 6th Street. I'm sorry if I'm going to deviate the majority of the speakers. I'm just concerned about how the new regulations that the unsafe structures are being done. And the reason is as president for Calle Ocho Chamber of Commerce, I've been receiving a lot of calls in all the districts in the City of Miami, and people are concerned about when they go to the city and request information for the 40-50 year certification. But the same person who does the 40-50 year certification information, doesn't provide information about the unsafe violations. So I just want you to understand as a public, when they go to a specific department in the City of Miami, they expect to have all the information. Unless they know that you need to ask for two different persons who give you information for the same property, they are not going to know. And I remember all of you that the new regulations are being enforced and the public had never found out that it had been enforced until they received a letter saying you are under code violation of unsafe. So please, I want you to think about it, how exactly the public is going to actually receive the information when they go to the fourth floor with the address for the problem and they have it being addressed for both problems that they have. I just want you guys to keep in mind, I have received so many phone calls and I just need you guys to look at it, how exactly it is being structured so when the client goes to the City of Miami, they actually get the full information and they don't get more penalties. Thank you. Chair King: Thank you. This appears to conclude our public comment period for today and we will move forward with setting the agenda. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: MV - MAYORAL VETO(ES) There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. END OF MAYORAL VETO(ES) City of Miami Page 32 Printed on 10/30/2023 City Commission Meeting Minutes October 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: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes CA.1 RESOLUTION 12610 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A COVENANT IN LIEU OF UNITY OF TITLE ("COVENANT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SOLELY FOR ZONING PURPOSES TO UNIFY THE PROPERTIES LOCATED AT 800 NORTHWEST 5TH AVENUE, FOLIO NUMBER 01-0101-010-2030, OWNED BY MIAMI-DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ("COUNTY PROPERTY"), MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE COVENANT, AND THE PROPERTY LOCATED AT 501 NORTHWEST 8TH STREET, FOLIO NUMBER 01-0101-010-2031, OWNED BY THE CITY OF MIAMI ("CITY PROPERTY") MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" OF THE COVENANT (COLLECTIVELY THE "PROPERTY"), FOR THE PURPOSE OF CONSTRUCTING NEW AFFORDABLE HOUSING, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID COVENANT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS NECESSARY TO FACILITATE THE CONSTRUCTION OF THE NEW AFFORDABLE HOUSING DEVELOPMENT ON THE ADJACENT COUNTY PROPERTY, INCLUDING BUT NOT LIMITED TO AMENDMENTS AND MODIFICATIONS TO SAID COVENANT, IMPACT FEE DEFERRAL COVENANT(S), AFFORDABLE HOUSING COVENANT(S), AND CONSENT(S), ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY. ENACTMENT NUMBER: R-22-0380 This matter was ADOPTED WITH MODIFICATION(S) on the Consent Agenda. Chair King: We have set the agenda. Do I have a motion to move the CA items? Commissioner Reyes: I will move it. Commissioner Russell: Second. Todd B. Hannon (City Clerk): And, Chair, just for the record, CA.1 is to be amended. Chair King: CA.1 will be amended. Vice Chair Carollo: Hold on for a second, please. City of Miami Page 33 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 (COMMENTS MADE OFF RECORD) Vice Chair Carollo: Chair, but 1 ask you that after we vote on this, if we could come back for the rest of the agenda, I have something that I got to take care of Chair King: You mean to break for lunch? Vice Chair Carollo: Yeah, break for lunch. Chair King: Oh, yeah, yeah, yeah. Yes. So I have a motion and a second to move the CA (Consent Agenda) items. CA.1 will be amended. Do you need to read that? Victoria Mendez (City Attorney) It was just to clarify that the Manager has additional authority to do an impact fee waiver covenant and an affordable housing trust find -- I mean an affordable housing waiver and also additional easements. Chair King: Okay. So, I have a motion and a second to move the CA agenda. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. CA.2 RESOLUTION 12494 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), VACATING, DISCONTINUING, AND ABANDONING A PORTION OF THE NORTHERN SIDE OF NORTHWEST 35TH STREET BETWEEN NORTHWEST 14 AVENUE AND NORTHWEST 15 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, CONTAINING APPROXIMATELY 401 SQUARE FEET; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PURSUANT TO SECTION 255.22, FLORIDA STATUTES, IN FAVOR OF TCG ALLAPATTAH 14, LLC, A DELAWARE LIMITED LIABILITY COMPANY, THE SUCCESSOR - IN -INTEREST OF THE ORIGINAL DEDICATOR. ENACTMENT NUMBER: R-22-0381 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. City of Miami Page 34 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 CA.3 RESOLUTION 12491 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING TWELVE (12) RIGHT-OF-WAY DEEDS OF DEDICATION AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("DEEDS"), 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-22-0382 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.3, please see Item Number CA.1. CA.4 RESOLUTION 12490 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), VACATING, DISCONTINUING, AND ABANDONING A PORTION OF THE NORTHERN SIDE OF NORTHWEST 28TH STREET BETWEEN NORTHWEST 2 AVENUE AND NORTHWEST 3 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, CONTAINING APPROXIMATELY 1000 SQUARE FEET; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PURSUANT TO SECTION 255.22, FLORIDA STATUTES, IN FAVOR OF WYNWOOD 3 OWNER, LLC A FLORIDA LIMITED LIABILITY COMPANY, THE SUCCESSOR -IN - INTEREST OF THE ORIGINAL DEDICATOR. ENACTMENT NUMBER: R-22-0383 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 35 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 CA.5 RESOLUTION 12590 Department of Resilience and Public Works CA.6 12468 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO OBJECTION AND SUPPORTING THE CO -DESIGNATION BY THE FLORIDA LEGISLATURE, PURSUANT TO SENATE BILL 160, DESIGNATING THAT PORTION WITHIN THE CITY OF MIAMI LIMITS OF NORTHWEST 12 AVENUE/JOHN HENRY PEAVY JR. AVENUE BETWEEN NORTHWEST 62 STREET AND NORTHWEST 71 STREET, MIAMI, FLORIDA, IN MIAMI-DADE COUNTY AS "SOUL OF MIAMI AVENUE" AND UNITED STATES ROAD 41 (U.S. 41)/SOUTHWEST 8 STREET BETWEEN SOUTHWEST 21 AVENUE AND SOUTHWEST 22 AVENUE, MIAMI, FLORIDA, IN MIAMI-DADE COUNTY AS "BELLAS ARTES WAY"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SIX, FOR SIGN INSTALLATION WITHIN THE NEWLY DESIGNATED ROADWAY. ENACTMENT NUMBER: R-22-0384 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. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ROSA PONCE, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $165,000.00 IN FUI 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, AGENT AND EMPLOYEES IN THE CASE STYLED ROSA PONCE VS. CITY ( MIAMI, PENDING IN THE ELEVENTH JUDICIAL CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY FLORIDA, CASE NO. 20-007358-C UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIM AND DEMANDS BROUGHT FOR 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-22-0385 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.6, please see Item Number CA.1. END OF CONSENT AGENDA City of Miami Page 36 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 PH - PUBLIC HEARINGS PH.1 RESOLUTION 12430 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS FOR FISCAL YEAR ("FY") 2022-2023, IN THE AMOUNT OF $817,619.10 IN THE PUBLIC SERVICE CATEGORY, AND THE AMOUNT OF $33,126.35 FROM THE PREVIOUS YEAR'S CDBG PROGRAM INCOME, FOR A TOTAL AMOUNT OF $850,745.45, TO THE AGENCIES AND/OR DEPARTMENTS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING 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 FUND, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0388 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 Commissioner Diaz de la Portilla: Do you want to do -- Madam Chair, do you want to do the Omni agenda right before we begin our meeting after lunch? Because Commissioner Carollo, I would like him there -- Vice Chair Carollo: Yeah, that would be fine. Chair King: Whatever the will of the body is. Commissioner Diaz de la Portilla: We come back at three? We're coming back at three? Vice Chair Carollo: Three. Commissioner Diaz de la Portilla: So, 2:45, maybe we can do 2:50, we can do the Omni. Vice Chair Carollo: Sure, that will be fine. Chair King: Okay. At this time, the meeting is in recess. We will be back at 3 o'clock or 2:45 for the Omni CRA (Community Redevelopment Agency). Hello. Good afternoon. The afternoon session of the City of Miami Commission Meeting for October 13th is now in session. Vice Chair Carollo: Can we -- sorry, Chair, can we get one of the assistant managers (INAUDIBLE) are you going to be sitting in for the City Attorney? City of Miami Page 37 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Unidentified Speaker: She's right by the door, but -- Vice Chair Carollo: Okay. Chair King: She's right there. Vice Chair Carollo: Okay, so that's fine. I just want to make sure you guys are here. Unidentified Speaker: Thank you. Chair King: We left off on the PH (Public Hearing) items. Do I have a motion to move the PH items? Are there any PH items that my colleagues would like to discuss? Vice Chair Carollo: If 1 could glance at it. Which is the -- let me see. Hold on. Manager -- (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: So, Madam Chairwoman, I will move PH.1. Chair King: Hold on one second. One second. I have just received information from the City Clerk that -- Commissioner Diaz de la Portilla: I heard it. I heard it. Chair King: -- PH.9 and 10 Commissioner Diaz de la Portilla: 9 and 10. Chair King: -- will be deferred until the October 27th meeting. Commissioner Diaz de la Portilla: I will move PHI, PH.2, PH.3, PH.4, PH.5, PH.6, PH. 7. Chair King: Do I have a second? Commissioner Reyes: (INAUDIBLE). Chair King: I have a motion and a second. All in favor? Vice Chair Carollo: One minute, one minute. Commissioner Diaz de la Portilla: One through seven. Vice Chair Carollo: I am slow today. Todd B. Hannon (City Clerk): Chair, just for the record, PH.5 and 6 need to be amended. Commissioner Diaz de la Portilla: So I will add to my motion that PH 6 and PH 7 as amended. I am sorry, I'm sorry, PH.5 and PH 6 as amended. Vice Chair Carollo: Okay. Chair King: Good? Commissioner Reyes: Good. City of Miami Page 38 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Vice Chair Carollo: Yeah. Chair King: Okay, 1 have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: The PH (Public Hearing) items have passed. PH.2 RESOLUTION 12438 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, IN THE AMOUNT OF $2,943,016.10 IN THE ECONOMIC DEVELOPMENT CATEGORY, TO THE AGENCIES AND/OR DEPARTMENTS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR ECONOMIC DEVELOPMENT ACTIVITIES IN FISCAL YEAR 2022-2023; 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-22-0389 MOTION TO: Adopt RESULT: ADOPTED 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 minutes referencing Item Number PH.2, please see Item Number PH .1 PH.3 RESOLUTION 12502 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF PROGRAM INCOME FROM HOME INVESTMENT PARTNERSHIPS ("HOME") PROGRAM FUNDS GENERATED FROM APRIL 1, 2022 TO JULY 31, 2022 IN THE AMOUNT OF $2,256,618.55 AND AN ADDITIONAL AMOUNT OF $155,289.52 OF RECAPTURED FUNDS, FOR A TOTAL AMOUNT OF $2,411,908.07 AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0390 City of Miami Page 39 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 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 PH.3, please see Item Number PH.1. PH.4 RESOLUTION 12503 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING PROGRAM INCOME FROM COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS GENERATED FROM APRIL 1, 2022 TO JULY 31, 2022, IN THE AMOUNT OF $196,481.48 FOR ELIGIBLE HOUSING AND ECONOMIC DEVELOPMENT ACTIVITIES, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0391 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.4, please see Item Number PH.1. PH.5 RESOLUTION 12436 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT CORONAVIRUS ("CDBG-CV3") FUNDS IN THE AMOUNT OF $2,075,000.00 FROM THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT'S SMALL BUSINESS EMERGENCY LOAN PROGRAM II TO THE DEPARTMENT OF PARKS AND RECREATION FOR ELIGIBLE PARK IMPROVEMENT ACTIVITIES AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0392 City of Miami Page 40 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 PH.6 12437 Department of Housing and Community Development MOTION TO: RESULT: MOVER: SECONDER: AYES: Note for the Record: Number PH.1. Adopt with Modification(s) ADOPTED WITH MODIFICATION(S) Alex Diaz de Ia Portilla, Commissioner Manolo Reyes, Commissioner King, Carollo, Russell, Diaz de Ia Portilla, Reyes For minutes referencing Item Number PH.5, please see Item RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS IN THE AMOUNT OF $800,000.00 IN THE ECONOMIC DEVELOPMENT CATEGORY FROM DISTRICT 3 TO THE DEPARTMENT OF PARKS AND RECREATION TO BE USED FOR PARK IMPROVEMENT ACTIVITIES IN DISTRICT 3; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0393 MOTION TO: RESULT: MOVER: SECONDER: AYES: Adopt with Modification(s) ADOPTED WITH MODIFICATION(S) Alex Diaz de Ia Portilla, Commissioner Manolo Reyes, Commissioner King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.6, please see Item Number PH.1. City of Miami Page 41 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 PH.7 RESOLUTION 12611 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN EASEMENT AGREEMENT ("EASEMENT AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE CITY -OWNED PROPERTY LOCATED AT 501 NORTHWEST 8TH STREET, FOLIO NUMBER 01-0101-010- 2031, ("CITY PROPERTY"), BY AND BETWEEN THE CITY OF MIAMI ("GRANTOR") AND CULMER APARTMENTS, LTD., A FLORIDA LIMITED PARTNERSHIP ("GRANTEE"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, OVER, ACROSS, AND UPON APPROXIMATELY FOUR THOUSAND TWO HUNDRED FIFTY (4,250) SQUARE FEET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "C" OF THE DRAFT EASEMENT AGREEMENT, ATTACHED AND INCORPORATED ("EASEMENT AREA"), TO PROVIDE FOR (1) A TEMPORARY CONSTRUCTION EASEMENT FOR THE PURPOSE(S) OF CONSTRUCTING AN ACCESS DRIVEWAY, SIDEWALKS, LANDSCAPING, UNDERGROUND UTILITIES AND OTHER ANCILLARY IMPROVEMENTS AND FOR TEMPORARY STAGING AND STORAGE OF CONSTRUCTION MATERIALS, WHICH SHALL AUTOMATICALLY TERMINATE BY NO LATER THAN DECEMBER 31, 2027, (2) A PERMANENT NON-EXCLUSIVE EASEMENT FOR THE GRANTEE TO, AT ITS SOLE COST AND EXPENSE, INSTALL, CONSTRUCT, MAINTAIN, OPERATE, MODIFY, REPAIR, AND REPLACE UNDERGROUND AND RELATED ABOVEGROUND EQUIPMENT, AND (3) A PERPETUAL NON-EXCLUSIVE ACCESS EASEMENT ON, OVER, AND ACROSS THE SURFACE OF THE EASEMENT AREA FOR VEHICULAR AND PEDESTRIAN ACCESS, AND INGRESS AND EGRESS TO AND FROM THE BENEFITED PROPERTY, (COLLECTIVELY THE "EASEMENTS"), WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID EASEMENT AGREEMENT, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID EASEMENT AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID EASEMENTS. ENACTMENT NUMBER: R-22-0387 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 PH.7, please see Item Number PH.1. City of Miami Page 42 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 PH.8 RESOLUTION 12566 Office of Capital Improvements & HVKBPT A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S WRITTEN FINDING AND RECOMMENDATION, ATTACHED HERETO AS "EXHIBIT A", PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") TO ESTABLISH A CONTRACT FOR MUSEUM CONSULTANT SERVICES FOR THE HISTORIC VIRGINIA KEY BEACH PARK MUSEUM WITH LORD CULTURAL RESOURCES PLANNING & MANAGEMENT INC., A FLORIDA PROFIT CORPORATION ("LORD CULTURAL RESOURCES"), FOR THE CITY'S OFFICE OF CAPITAL IMPROVEMENTS ("OCI") AND THE VIRGINIA KEY BEACH PARK TRUST ("VKBPT"); ALLOCATING FUNDS FROM GENERAL ACCOUNT NO. 00001.150009.883000.0.0 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 A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH LORD CULTURAL RESOURCES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING, THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number PH.8, please see "Order of the Day." City of Miami Page 43 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 PH.9 RESOLUTION 12543 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 FINDING, 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 GRANT FUNDING IN AN AMOUNT NOT TO EXCEED FOUR MILLION, FIVE HUNDRED THOUSAND DOLLARS ($4,500,000.00) IN AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") FUNDS TO THELMA GIBSON HEALTH INITIATIVE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("DEVELOPER"), SO THAT DEVELOPER CAN CAUSE TO BE CONSTRUCTED A NEW MIXED -INCOME HOUSING DEVELOPMENT THAT WILL CONTAIN NO LESS THAN TWENTY TWO (22) CITY -ASSISTED RESIDENTIAL RENTAL UNITS FOR ELIGIBLE RESIDENTS WHOSE ANNUAL INCOME IS EQUAL TO OR LESS THAN FIFTY PERCENT (50%) OF AREA MEDIAN INCOME ("AMI") AS PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") AND FIVE (5) CITY -ASSISTED RESIDENTIAL RENTAL UNITS FOR ELIGIBLE RESIDENTS WHOSE ANNUAL INCOME IS EQUAL TO OR LESS THAN ONE HUNDRED PERCENT (100%) OF AMI AS PUBLISHED ANNUALLY BY HUD ("PROJECT"), PROVIDED THAT THIS ALLOCATION IS APPROVED IN WRITING BY THE CITY'S ARPA CONSULTANT ("CONSULTANT APPROVAL"), AND SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE APPROVAL OF THE PROJECT BY THE CITY OF MIAMI'S ("CITY") HOUSING AND COMMERCIAL LOAN COMMITTEE ("HCLC") ("HCLC APPROVAL"), AND SUBJECT TO THE TERMS, CONDITIONS, AND RESTRICTIONS CONTAINED HEREIN, IN THE CONSULTANT APPROVAL, AND IN THE HCLC APPROVAL, PROVIDED THAT THE DEVELOPER FULFILLS ALL OF THE TERMS AND CONDITIONS TO BE SET FORTH IN THE CONSULTANT APPROVAL AND HCLC APPROVAL; SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE CONSULTANT APPROVAL AND THE HCLC APPROVAL, 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 COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE OF FLORIDA ("STATE"), LOCAL, AND CITY LAWS, RULES, AND REGULATIONS FOR AFFORDABLE HOUSING PROJECTS AND ARPA FUNDS AND SUBJECT TO THE DEVELOPER FULFILLING ALL OF THE TERMS AND CONDITIONS TO BE SET FORTH IN THE CONSULTANT APPROVAL AND HCLC APPROVAL, IN ORDER TO ALLOCATE THE CITY'S ARPA FUNDING TO THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 44 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: Item PH.9 was deferred to the October 27, 2022, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number PH.9, please see "Order of the Day." Chair King: We are now on the resolutions. Do 1 have a motion to move? Todd B. Hannon (City Clerk): Chair, my apologies, PH.9 and 10, we need a motion and a second. Commissioner Diaz de la Portilla: I move to defer PH.9 and PH10 until the October 27th meeting. Commissioner Russell: Second. Chair King: All in favor? The Commission (Collectiveiv): Aye. Chair King: Items have been deferred to October 27th Commission meeting. City of Miami Page 45 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 PH.10 12545 Commissioners and Mayor RESOLUTION 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 FINDING, 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 GRANT FUNDING IN AN AMOUNT NOT TO EXCEED TWO MILLION, TWO HUNDRED THOUSAND DOLLARS ($2,200,000.00) IN AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") FUNDS TO GREATER ST. PAUL A.M.E. CHURCH, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("DEVELOPER"), SO THAT DEVELOPER CAN CAUSE TO BE REHABILITATED A MIXED -INCOME HOUSING DEVELOPMENT ON TWO PARCELS THAT WILL CONTAIN TWO (2) CITY - ASSISTED RESIDENTIAL RENTAL UNITS FOR ELIGIBLE RESIDENTS WHOSE ANNUAL INCOME IS EQUAL TO OR LESS THAN FIFTY PERCENT (50%) OF AREA MEDIAN INCOME ("AMI") AS PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") AND EIGHT (8) CITY -ASSISTED RESIDENTIAL RENTAL UNITS FOR ELIGIBLE RESIDENTS WHOSE ANNUAL INCOME IS EQUAL TO OR LESS THAN EIGHTY PERCENT (80%) OF AMI AS PUBLISHED ANNUALLY BY HUD ("PROJECT"), PROVIDED THAT THIS ALLOCATION IS APPROVED IN WRITING BY THE CITY'S ARPA CONSULTANT ("CONSULTANT APPROVAL"), AND SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE APPROVAL OF THE PROJECT BY THE CITY OF MIAMI'S ("CITY") HOUSING AND COMMERCIAL LOAN COMMITTEE ("HCLC") ("HCLC APPROVAL"), AND SUBJECT TO THE TERMS, CONDITIONS, AND RESTRICTIONS CONTAINED HEREIN, IN THE CONSULTANT APPROVAL, AND IN THE HCLC APPROVAL, PROVIDED THAT THE DEVELOPER FULFILLS ALL OF THE TERMS AND CONDITIONS TO BE SET FORTH IN THE CONSULTANT APPROVAL AND HCLC APPROVAL; SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE CONSULTANT APPROVAL AND THE HCLC APPROVAL, 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 COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE OF FLORIDA ("STATE"), LOCAL, AND CITY LAWS, RULES, AND REGULATIONS FOR AFFORDABLE HOUSING PROJECTS AND ARPA FUNDS AND SUBJECT TO THE DEVELOPER FULFILLING ALL OF THE TERMS AND CONDITIONS TO BE SET FORTH IN THE CONSULTANT APPROVAL AND HCLC APPROVAL, IN ORDER TO ALLOCATE THE CITY'S ARPA FUNDING TO THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 46 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 MOTION TO: RESULT: MOVER: SECONDER: AYES: Defer DEFERRED Alex Diaz de Ia Portilla, Commissioner Ken Russell, Commissioner King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: Item PH.10 was deferred to the October Commission Meeting. Note for the Record: For minutes referencing Item Number PH.10, Number PH.9 and "Order of the Day." END OF PUBLIC HEARINGS 27, 2022, City please see Item City, of Miami Page 47 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 RE.1 12509 Office of the City Attorney RE - RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT LIEN FOR CASE NUMBER CE2014002121 ON PROPERTY ADDRESS 620 NORTHEAST 78th STREET, MIAMI, FLORIDA, AFTER A HEARING AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIEN; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: Item RE.1 was deferred to the October 27, 2022, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number RE.1, please see "Public Comments for all Item(s)." Commissioner Reyes: Okay. I have a question on RE.1. Chair King: REI has been deferred. Commissioner Reyes: Been deferred? Todd B. Hannon (City Clerk): Chair, actually there hasn't been an action taken to defer it. So, is there a motion? Commissioner Diaz de la Portilla: I move to defer RE.I -- Commissioner Reyes: Second. Commissioner Diaz de la Portilla: -- until -- I'm sorry, until the October 27th meeting. Chair King: Is there a second? Commissioner Reyes: Second. Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. City of Miami Page 48 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Chair King: RE. 1 has been deferred. RE.2 RESOLUTION 12486 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A RECOMMENDATION TO AWARD A CONSTRUCTION CONTRACT TO FLORIDA ENGINEERING AND DEVELOPMENT CORP. ("FED"), THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, PURSUANT TO INVITATION TO BID ("ITB") NO. 20-21-004, TO PROVIDE CONSTRUCTION SERVICES FOR THE OVERTOWN GREENWAY AT NW 11TH STREET (FROM NW 7TH AVENUE TO NW 12TH AVENUE) - PROJECT NO. B-173648, WITH A CONTRACT VALUE IN THE NOT -TO -EXCEED AMOUNT OF $882,353.40, PLUS A TEN PERCENT (10%) OWNER'S CONTINGENCY ALLOWANCE IN THE NOT -TO -EXCEED AMOUNT OF $88,235.34, FOR A TOTAL NOT -TO -EXCEED CONTRACT AWARD VALUE OF $970,588.74, SUBJECT TO AVAILABILITY OF FUNDS; ALLOCATING FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENTS PROJECT AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WITH FED IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS, AND IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, ALL 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-22-0394 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: Is there a motion to move RE.2, 3, 6, 7, 9, 10, and 11 ? Commissioner Diaz de la Portilla: So moved. Commissioner Reyes: Second. Chair King: All in favor? City of Miami Page 49 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Vice Chair Carollo: Hold on. The Commission (Collectively): Aye. Vice Chair Carollo: I'm slow today, I apologize. Commissioner Reyes: You got to take your pill man. Commissioner Diaz de la Portilla: You had the doughnut, that's the issue. Vice Chair Carollo: She got me there. Commissioner Reyes: Give more sugar to this, man. Chair King: Mr. City Clerk, you have a question? Todd B. Hannon (City Clerk): Did you want to include RE.4 and 5 with that motion? Chair King: No, it was deferred earlier today. It wasn't? I have it on my -- Vice Chair Carollo: Can you put me as sponsoring RE.5, please? Commissioner Diaz de la Portilla: I will add RE.4 and RE.5 to my motion. Chair King: Wait a minute. What is -- 1 thought you deferred RE.4 and 5 this morning. Arthur Noriega (City Manager): No, that was FR.4 and 5. Chair King: FR.4 and 5, okay. Okay. Victoria Mendez (City Attorney): RE.4 is technically with an amendment, I believe. Commissioner Diaz de la Portilla: No. Mr. Hannon: RE.4 will be amended just to add the language that the resolution will become effective immediately upon its adoption. Commissioner Diaz de la Portilla: So I will add RE.4 to my motion as amended. Chair King: As amended. Commissioner Reyes: As amended. Second. Chair King: Okay. So I have a motion and a second. Vice Chair Carollo: RE.8, Commissioner Reyes. Commissioner Reyes: Yes, sir. Vice Chair Carollo: You're the sponsor of this. Chair King: That has been -- Vice Chair Carollo: Can you give me a little background (UNINTELLIGIBLE) -- Mr. Noriega: (UNINTELLIGIBLE). City of Miami Page 50 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Chair King: That's been deferred. It's been indefinitely deferred. Commissioner Reyes: Yes sir, that has been -- Vice Chair Carollo: Deferred? Commissioner Diaz de la Portilla: Withdrawn. Commissioner Reyes: That's been deferred -- Vice Chair Carollo: Okay. Commissioner Reyes: That's been deferred and I'm glad to explain it to you whenever you want. Vice Chair Carollo: Okay, well -- Commissioner Reyes: But right now -- Vice Chair Carollo: It could be taken up, I mean I -- Commissioner Reyes: No, no, it's going to be deferred because they owe money, and unless they pay -- Vice Chair Carollo: Oh, okay. Commissioner Reyes: Okay, you see. Mr. Hannon: I'm sorry, Chair, Commissioner -- Commissioner Reyes: They have -- Ms. Mendez: Debt to the City. Commissioner Reyes: They have a debt to the City, and we didn't -- I didn't know that when they asked me for the -- I mean, trying to help them -- Vice Chair Carollo: Okay. Commissioner Reyes: It's a -- Vice Chair Carollo: That's fine. Commissioner Reyes: (UNINTELLIGIBLE) and you see, but since they had a debt and we will not be -- I will not be supporting this. Vice Chair Carollo: Alright. Chair King: Okay. Mr. City Clerk, you had a question? Vice Chair Carollo: I'm -- this one and RE.10, which it's a few blocks into your district. Commissioner Reyes: Yes, sir. Vice Chair Carollo: I'm a neighbor of it. City of Miami Page 51 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Commissioner Reyes: Yes, 1 know you had a question there. Can I explain? Vice Chair Carollo: Yeah, l just want to know.l might want to bring it later to mine. Commissioner Reyes: No, no, no. This is -- the funds that we had, because we have two projects in that same 32nd Avenue that we -- you and I share. Vice Chair Carollo: Right. Commissioner Reyes: What we're doing is we're changing -- 1 mean switching because now we have plans and everything ready for the intersection that is on 5th Street which is next to school, which should be done first, and then we're switching the finds that were on 2nd street -- 32nd and 2nd, to this intersection in order for us - - since we have all the plans and permits and all that, to accelerate the project. Vice Chair Carollo: Okay, so this is going to be going to 32nd and 2nd? Commissioner Reyes: No, it was in 2nd. Vice Chair Carollo: Okay. Commissioner Reyes: And it's going to 5th. Commissioner Diaz de la Portilla: To 4th. Vice Chair Carollo: To 5th. Commissioner Reyes: To 5th, and -- but it is within the same part of Miami that we had before. I'm not taking any money away -- Vice Chair Carollo: No, no, that's fine. But that's still in my new district, right? Commissioner Reyes: Well, half of it is in your district. Vice Chair Carollo: Okay. Commissioner Reyes: Half of the street is your district. Half of 32nd is yours, half is mine. And you should thank me because I'm not asking you for the development on your half. Vice Chair Carollo: Listen, I'm -- I'm very happy and grateful -- Commissioner Reyes: Okay. Vice Chair Carollo: -- that you allowed those two squares to go in District 3. Commissioner Reyes: Now that you see, you should contribute for the -- I mean, for the project on your half because I am assuming the cost of both halves. Vice Chair Carollo: Since you have the funding there, I'll put the request in the appropriate place. Chair King: Mr. City Clerk, you had a question? Mr. Hannon: Yes, Commissioner Carollo, it's mv understanding that you would like to co-sponsor RE.5, is that correct? City of Miami Page 52 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Vice Chair Carollo: Yes, please. And also RE.10. Commissioner Reyes: Oh, thank you, sir. Vice Chair Carollo: And also RE.9, that's fully in Commissioner Reyes' district. It's a good project. Mr. Hannon: And, Chair, just for the record, RE.10 and 11 will be amended. Commissioner Reyes: Thank you, sir. Thank you very much for co -sponsoring. Chair King: RE.10 and 11? Mr. Hannon: Will be amended, yes, ma'am. Chair King: Okay, and I1 has a co-sponsor? Vice Chair Carollo: I'll co-sponsor it. Commissioner Reyes: Yes. Chair King: That would be me. I'm just making sure you have that. Mr. Hannon: Oh yes, you are the sponsor. Chair King: Just making sure it's on there. Okay. Vice Chair Carollo: And I'll co-sponsor it. Commissioner Reyes: Me too. Chair King: Okay. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Ms. Mendez: Madam Chair, on RE.11, was there supposed to be any amount placed? I think there was -- was there a blank? Mr. Hannon: Yes, there is. Ms. Mendez: As to the amount of money to be paid? Chair King: It's $90,000. Ms. Mendez: Okay. Thank you. Chair King: Okay. Ms. Mendez: So, as amended. Chair King: Okay. City of Miami Page 53 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 RE.3 12537 Department of Fire - Rescue RE.4 12542 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDING IN THE AMOUNT OF $1,043,918.38 FROM THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT ("FDEM") FOR THE PURPOSE OF SUSTAINING THE STATEWIDE URBAN SEARCH AND RESCUE ("USAR") CAPABILITIES ("GRANT"); ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "URBAN SEARCH AND RESCUE GRANT — T0227"; APPROPRIATING FUNDS IN THE AMOUNT OF $1,043,918.38, CONSISTING OF $708,918.38 TO BE UTILIZED FOR THE PURCHASE OF APPROVED VEHICLES AND $335,000.00 TO BE UTILIZED FOR THE PURCHASE OF APPROVED EQUIPMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND COMPLIANCE WITH SAID GRANT; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0395 MOTION TO: Adopt RESULT: ADOPTED 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 minutes referencing Item Number RE.3, please see Item Number RE.2 and "Public Comments for all Item(s)." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROPORTIONATE FAIR SHARE MITIGATION AGREEMENT ("MITIGATION AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI- DADE COUNTY PUBLIC SCHOOLS, CULMER HOLDINGS, LLC, CULMER APARTMENTS, LTD, AND MIAMI-DADE COUNTY TO MITIGATE THE FAILURE OF LEVEL OF SERVICE FOR SCHOOL CONCURRENCY REGARDING THE PROPERTY LOCATED AT APPROXIMATELY 800 NORTHWEST 5 AVENUE AND 501 NORTHWEST 1 AVENUE MIAMI, FLORIDA, PROVIDING THAT THE CITY OF MIAMI NOT BE HELD RESPONSIBLE FOR ANY FINANCIAL OBLIGATIONS CONTEMPLATED IN THE AGREEMENT. ENACTMENT NUMBER: R-22-0386 City of Miami Page 54 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED 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 RE.4, please see Item Number RE.2. RE.5 RESOLUTION 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. ENACTMENT NUMBER: R-22-0396 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, 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.2. RE.6 RESOLUTION 12564 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SETTLEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, INCLUDING EXECUTION OF A PARTIAL RELEASE OF THE AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B", IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ON THE PROPERTY GENERALLY LOCATED AT 380 NORTHEAST 32 STREET, MIAMI, FLORIDA, AS MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, AND ACCEPTANCE OF NO LESS THAN FOUR HUNDRED THOUSAND DOLLARS ($400,000.00) PRIOR TO THE RELEASE. ENACTMENT NUMBER: R-22-0397 City of Miami Page 55 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 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 RE.6, please see Item Number RE.2. RE.7 RESOLUTION 12683 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING THE OFFICIAL INTENT OF THE CITY OF MIAMI ("CITY") TO ISSUE BOTH TAXABLE AND TAX- EXEMPT GENERAL OBLIGATION BONDS, IN ONE OR MORE SERIES, PAYABLE FROM AD VALOREM TAXES PROVIDED THAT THE CAPITAL PROJECTS DEBT MILLAGE NOT EXCEED THE RATE OF 0.5935 MILLS IN ACCORDANCE WITH THE NOVEMBER 7, 2017 BOND REFERENDUM APPROVED BY THE VOTERS, IN AN EXPECTED NOT TO EXCEED TOTAL MAXIMUM PRINCIPAL AMOUNT OF TWELVE MILLION ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($12,175,000.00) (COLLECTIVELY, "LIMITED AD VALOREM BONDS") IN ORDER TO, AMONG OTHER THINGS, REIMBURSE THE CITY FOR FUNDS ADVANCED BY THE CITY FOR CERTAIN EXPENSES INCURRED WITH RESPECT TO CAPITAL PROJECTS TO BE UNDERTAKEN BY THE CITY TO REDUCE FLOODING RISKS AND IMPROVE PARKS, CULTURAL FACILITIES, STREETS, AND INFRASTRUCTURE, ALL AS INDICATED IN THE ATTACHED PROJECT LIST IN EXHIBIT "A," ATTACHED AND INCORPORATED; ESTABLISHING CERTAIN RELATED DEFINITIONS OF TERMS; AUTHORIZING CERTAIN FURTHER AND INCIDENTAL ACTIONS BY THE CITY MANAGER IN CONSULTATION WITH THE CITY ATTORNEY, BOND COUNSEL, DISCLOSURE COUNSEL, FINANCIAL ADVISOR, CHIEF FINANCIAL OFFICER, FINANCE DIRECTOR, BUDGET DIRECTOR, AND SUCH OTHER APPROPRIATE OFFICERS, EMPLOYEES, AND AGENTS OF THE CITY AS THE CITY MANAGER DEEMS NECESSARY, ALL AS REQUIRED FOR PURPOSES OF SECTIONS 103 AND 141-150 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND FOR COMPLIANCE THEREWITH; FURTHER AUTHORIZING RELATED AMENDMENTS TO THE CITY'S MULTI -YEAR CAPITAL PLAN AS NECESSARY. ENACTMENT NUMBER: R-22-0398 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, 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.2 and "Public Comments for all Item(s)." City of Miami Page 56 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 RE.8 RESOLUTION 12685 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SECOND AMENDMENT TO THE REVOCABLE LICENSE AGREEMENT ISSUED BY THE CITY OF MIAMI TO NATIONAL JOURNALIST ASSOCIATION OF CUBA FOR THE OCCUPANCY WITHIN THE PROPERTY LOCATED AT 900 SOUTHWEST 1 STREET, ROOM 200, MIAMI, FLORIDA, AS AMENDED ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AMENDING THE USE FEE TO ONE DOLLAR ($1.00) PER YEAR, PLUS STATE USE TAX, IF APPLICABLE, WITHOUT ANNUAL INCREASES, THEREBY MODIFYING THE REQUIREMENTS OF RESOLUTION NOS. R-00-0025 AND R-08- 0070 AS THEY PERTAIN TO THE AGREEMENT, AS AMENDED. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number RE.8, please see "Order of the Day." City of Miami Page 57 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 RE.9 RESOLUTION 12700 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DE -APPROPRIATING PARK IMPACT FEES IN THE TOTAL AMOUNT OF THREE HUNDRED THIRTY THOUSAND DOLLARS ($330,000.00) ("FUNDS") PREVIOUSLY ALLOCATED TO THE WEST END PARK PROJECT, PROJECT NO. 40-B183505 ("WEST END PARK PROJECT") IN THE CITY OF MIAMI'S ("CITY") FISCAL YEAR 2022-23 MULTI -YEAR CAPITAL PLAN ADOPTED ON SEPTEMBER 10, 2022 PURSUANT TO RESOLUTION NO. R- 22-0321 ("CAPITAL PLAN"), AND RE -APPROPRIATING SAID FUNDS TO THE BADIA CENTER PROJECT AT FLAGAMI PARK, PROJECT NO. 40-B203515 ("BADIA CENTER PROJECT"), ALL AS SET FORTH IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER DE -APPROPRIATING AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") FUNDS IN THE TOTAL AMOUNT OF THREE HUNDRED THIRTY THOUSAND DOLLARS ($330,000.00) ("ARPA FUNDS") PREVIOUSLY ALLOCATED TO THE BADIA CENTER PROJECT IN THE CITY CAPITAL PLAN AND RE -APPROPRIATING SAID ARPA FUNDS TO THE WEST END PARK PROJECT, ALL AS SET FORTH IN EXHIBIT "A," ATTACHED AND INCORPORATED, SUBJECT TO FINAL WRITTEN APPROVAL BY THE CITY'S ARPA CONSULTANTS; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE CAPITAL PLAN, RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH, FOR PROJECT CLOSE-OUTS, AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS IN CONNECTION HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0399 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 RE.9, please see Item Number RE.2. City of Miami Page 58 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 RE.10 12701 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DE -APPROPRIATING THE FUNDS FROM THE FUNDING SOURCES DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, IN THE TOTAL AMOUNT OF THREE HUNDRED NINETY-TWO THOUSAND DOLLARS ($392,000.00) ("FUNDS") PREVIOUSLY ALLOCATED TO THE AUBURNDALE TRAFFIC DEVICE SOUTHWEST 32ND AVENUE AND SOUTHWEST 2ND STREET PROJECT, PROJECT NO. 40- B173655 IN THE CITY OF MIAMI'S ("CITY") FISCAL YEAR 2022-23 MULTI -YEAR CAPITAL PLAN ADOPTED ON SEPTEMBER 10, 2022 PURSUANT TO RESOLUTION NO. R-22-0321 ("CAPITAL PLAN"), AND RE -APPROPRIATING SAID FUNDS TO THE TRAFFIC CALMING DEVICE SOUTHWEST 32ND AVENUE AND SOUTHWEST 5TH STREET PROJECT, PROJECT NO. 40-B50505, ALL AS SET FORTH IN EXHIBIT "A," ATTACHED AND INCORPORATED; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE CAPITAL PLAN, RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH, FOR PROJECT CLOSE-OUTS, AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS IN CONNECTION HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0400 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.10, please see Item Number RE.2. City of Miami Page 59 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 RE.11 12708 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING THE LITTLE HAITI REVITALIZATION TRUST ("TRUST") BOARD APPOINTMENT OF DUFIRSTSON J. NEREE, AS THE TRUST'S INTERIM PRESIDENT/CHIEF EXECUTIVE OFFICER ("INTERIM PRESIDENT"), PURSUANT TO SECTION 12.5-45 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); APPROVING THE SALARY AND BENEFITS OF THE INTERIM PRESIDENT IN THE APPROXIMATE TOTAL AMOUNT OF DOLLARS ($ ) TO BE PAID IN ACCORDANCE WITH THE CITY'S PAYROLL DISBURSEMENT SCHEDULE, FOR APPROXIMATELY SIX (6) MONTHS, COMMENCING OCTOBER 5, 2022 THROUGH APRIL 30, 2023 OF FISCAL YEAR 2022-2023, SUBJECT TO PRIOR BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, MODIFICATIONS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS 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-22-0401 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED 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 RE.11, please see Item Number RE.2 and "Public Comments for all Item(s)." END OF RESOLUTIONS City of Miami Page 60 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second 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. ENACTMENT NUMBER: 14111 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: Now we are on the second reading ordinances. Madam City Attorney, would you please read the titles into the record? Victoria Mendez (City Attorney: Thank you, Madam Chair. For SR 1. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.3. The Ordinance was read by title into the public record by the City Attorney. [Later...] Chair King: Would you please read into the record the titles for the first reading items? Todd B. Hannon (City Clerk): And Chair, I apologize. SR.4, an action needs to be taken on that item, whether it's a deferral, indefinite deferral. Chair King: It's been deferred for -- Commissioner Diaz de la Portilla: I move to -- Vice Chair Carollo: Until January's meeting? Victoria Mendez (City Attorney): After the PZAB (Planning, Zoning and Appeals Board) meeting -- City of Miami Page 61 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Commissioner Diaz de la Portilla: I'll second. Ms. Mendez: I believe the PZAB meeting is January 4th. Arthur Noriega (City Manager): Can we table that item? I may have a recommendation. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: Okay, good. Mr. Noriega: (UNINTELLIGIBLE) action on it. Commissioner Diaz de la Portilla: Okay, so I move that we table the item and come back to it. Chair King: Do I have a -- oh, she 's -- Commissioner Diaz de la Portilla: I just made the motion. He's going to table the item. Chair King: No, no, no, for her to read the first reading -- Commissioner Diaz de la Portilla: Oh yeah. Chair King: -- the titles of the first reading. [Later...] Chair King: Madam City Attorney, finish please. Victoria Mendez (City Attorney): Okay. SR.5. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.6. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.7. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Those were the second readings. Do I continue on the first readings, Madam Chair? Chair King: No. Commissioner Diaz de la Portilla: Why not? Chair King: We're going to take up -- let's do the second reading items and then we'll take up -- Commissioner Diaz de la Portilla: I'll move the second reading items. City of Miami Page 62 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Commissioner Reyes: Hold on a second. I have a question and I have some objection on SR. 7. In the last meeting when we -- I stated that I was very concerned because this allows food trucks in any place. Chair King: No. Vice Chair Carollo: No, no. Commissioner Reyes: Wait a minute. Wait a minute. What I want to do, and I was promised that it was going to be a specific, a specific for Brightline, but it doesn't -- what it reads here, it says, at the fine intermodal transportation areas, and that is very broad. Ms. Mendez: No, no, we tightened up based on the discussion we had on the dais, we tightened up the language so that that definition only applies to the Brightline area. Commissioner Reyes: But I don't see bright line there. Ms. Mendez: No, because it's not specific to Brightline areas. Chair King: It's intermodal. Ms. Mendez: It's intermodal. Commissioner Reyes: What intermodal is any place that has -- right here, right on the corner on 27th and US 1, we have an intermodal there. We have rail, we have buses -- Vice Chair Carollo: Why don't we put intermodal downtown so the Commissioner can be at ease? (COMMENTS MADE OFF RECORD) Chair King: Right. It has an address. Commissioner Reyes: It has an address? Arthur Noriega (City Manager): It has street by street. Commissioner Reyes: I'm sorry, I didn't see it here and I didn't -- when I read the law I didn't catch it. That's the only way that I ran vote for this because they can do the same thing in your district, in any one. You see, and you could have a bunch of food trucks there, you can have a field of food trucks competing with restaurants on the area. Vice Chair Carollo: Do you have food trucks allowed in your district? Commissioner Reyes: I have food trucks that they go, but they have to be moving. Vice Chair Carollo: Okay, but do you allow them if they stop a little bit or something to work in your district or not? Commissioner Reyes: I've seen them in my, district. Vice Chair Carollo: Well, they're not allowed in mine. Commissioner Reyes: I know that they're not allowed in yours, but I have called -- I have called code because they have been so -- I mean, present that they have stopped City of Miami Page 63 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 next to a restaurant and established themselves next to a restaurant selling the same thing. Vice Chair Carollo: That's why you're not allowed in my district because it's unfair for individuals that make such an investment in brick and mortar locations and have to pay such high rents that compete with someone that hasn't made any major investment like they have and are paying no rent like that. I mean, it's not right. Chair King: We have -- Commissioner Reyes: I have Commissioner Keon Hardemon here, I'm not recognizing him, and I know that now it is deja vu for you because we argued this before, but you were here, remember? Vice Chair Carollo: Thank you, Mr. Chairman. Chair King: I'd like to -- Commissioner Diaz de la Portilla: He misses us. Chair King: I'd like to recognize County Commissioner Hardemon, who is here to speak on SR.5. Vice Chair Carollo: Are you here to translate for a guy named Billy something or other that was here before? I Keon Hardemon: Hopefully I live many more lives than he gets a chance to. Well, first of all, I want to say good afternoon, everyone. I am Keon Hardemon. I proudly serve as your Miami -Dade County Commissioner, and I came to show the support to the City of Miami. I understand more than anyone the great responsibility that you all have when it comes to taking care of the resources that are available to you in your city. And so when you consider that, no one is more responsible for the things that happen or do not happen in your community than you do. And in our democracy that we have here, what we found is that we appoint committees to do things for us that we don't necessarily all have the time or maybe even expertise to handle. But many a times, like for instance in our CRAs in the City of Miami, the Commissioners are on the ground, and they make the decisions that affect the constituents the most. And so, I say that to you to say, as a Miami -Dade County Commissioner, I don't know why, even when I was in the City of Miami, it took so long for the county to be responsive to the needs of the Virginia Key Beach or the Virginia Key Beach Trust. Even when we sat together, we made decisions to bring business to the Virginia Key Beach Trust. We know that we gave them dollars, remembered through events like Ultra and such, so that it can get closer to their goal, but we have to admit that all this time later, even the money that was set aside is probably not enough money to satisfy the goals of the Virginia Key Beach Trust. We have to get to the bottom line. And the bottom line is that we want to see this beach preserved, we want to see this beach have new activities, we want to see this beach be somewhere of pride. And I respect history. Part of the reason I'm here is because I stand on the shoulders of giants. But I must say that we cannot hold on to history without making sure that the 'inure is bright. And the future of Virginia Key Beach Trust must be something that everyone feels comfortable coming to, that people feel comfortable experiencing today, and not just thinking about the yesteryears, when they were not allowed to go to a white beach. At the end of the day, people have options, and when they have those options, the question is, will they choose Virginia Key Beach? And unfortunately, they don't choose it first for a number of different reasons. Maybe some do here or there. But what I think is that you should all make that space a place that we should all be very proud of And what I believe is that through the legislation that you have before you, City of Miami Page 64 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 you all will make the best decisions for your space and take accountability for the things that are going to happen in the future. And so I'm here just to show you the support that whatever you need on the county side, that I'll be a strong partner in you in trying to A) Utilize the dollars that are already there, get more dollars to help you meet your mission, or even come together and bring our heads together and find a better product that makes better sense to all of you and for the future of the Miamians here in Miami -Dade County. Thank you. Chair King: Thank you. Vice Chair Carollo: Commissioner, Chair, thank you very much. This will always be your home. We're very grateful for the time that we had you here in Miami, the City of Miami, and that you're our main representative, truly, in the County Commission. So, we're grateful for your leadership, the way that you've been a bridge between this Commission and your new Commission, knowing that this is always your first home. So thank you very much for your words and being here today. We're very grateful for that. Mr. Hardemon: Thank you very much, sir. Commissioner Reyes: And you should admit that you miss us. We miss you too. Mr. Hardemon: You know I miss you. Commissioner Reyes: But although your replacement has been fantastic. Mr. Hardemon: That's what they say. Chair King: Thank you. Do I have a motion to move -- Vice Chair Carollo: Move. Commissioner Russell: Madam Chair, I'd like to pull SR.5 separately, please. Vice Chair Carollo: Excuse me? Commissioner Russell: So that we can move 1, 2, 3, 6, and 7, but take up SR.5 separately. Chair King: Do I have a motion to move 1, 2, 3 -- Commissioner Diaz de la Portilla: I'll move it. Chair King: 6 and 7? Vice Chair Carollo: (INAUDIBLE). Chair King: Second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 65 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 SR.2 ORDINANCE Second Reading 12567 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), NAMING THE PARCEL OF LAND CONSISTING OF APPROXIMATELY 58 ACRES OF LAND WITHIN THE PROPERTIES APPROXIMATELY LOCATED AT 1400, 1500, 1550, 1600, 1800, AND 1822 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, AS "JORGE MAS CANOSA PARK"; AMENDING CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PARKS AND RECREATION/IN GENERAL," BY CREATING SECTION 38-33, TITLED "NAMING OF JORGE MAS CANOSA PARK"; FURTHER DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE NAMING OF THE PARK; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14112 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, 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 and "Public Comments for all Item (s). " City of Miami Page 66 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 SR.3 ORDINANCE Second 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. ENACTMENT NUMBER: 14113 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, 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 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, MAURICE FERRE PARK, AND VIRGINIA KEY BEACH PARK; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number SR.4, please see Item Number SR.1 and "Public Comments for allItem(s)." Victoria Mendez (City Attorney): SR.4, this item will need to be reset after the January PZAB (Planning, Zoning and Appeals Board) because PZAB reset it until City of Miami Page 67 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 January. This is SR.4, the sign ordinance that came in on first reading on 9/22. So we have to reset that. Vice Chair Carollo: Why do they need 90 days to get any answers? Ms. Mendez: I will let staff talk about why they needed so much time. Arthur Noriega (City Manager: It's my understanding that they were given basically, information that they had -- that they had the ability to defer up to 90 days, and they chose to take the full 90 days. That's what was explained to me. Vice Chair Carollo: 1 do understand that that's the maximum ability they have now, to defer to 90 days. But my question is, usually do that if you are trying to kill something. Is there any other reason given why whatever information they required could not be gotten to them within 30 days? Mr. Noriega: No, I think that's more than a reasonable expectation. It could have certainly gotten to them sooner. I think there was -- Vice Chair Carollo: Alright, I -- Ms. Mendez: Commissioner, it appears that they wanted more of a traffic description. And I also wanted to clarify that they can defer 90 days by a simple majority. Thereafter, they could defer the item for an additional 45 days by a unanimous vote of the Board. So this, they have that provision pursuant to an ordinance that was passed. Vice Chair Carollo: Well, okay. If they think so. Commissioner Diaz de la Portilla: I have a question of our City Manager. Or maybe our City Attorney, too. Madam Chair? What in the charter or code says that it has to come to them before it comes to us? Can it be the other way around? I (UNINTELLIGIBLE) specific charter requirement or code requirement that says that they have to hear before we do? Ms. Mendez: So pursuant to Florida Statute -- Commissioner Diaz de la Portilla: It's Florida Statute that regulates it. Ms. Mendez: It says that anything having to do with signage is a development regulation that has to go to your land planning agency, and they are our land planning agency. Usually, it goes to them first before it even comes to Commission, but sometimes depending on timing, it comes to Commission first reading, they take it up second reading because we need the recommendation whether they approve it or deny it, we need their recommendation. Commissioner Diaz de la Portilla: So -- Ms. Mendez: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: So it can't come to Commission first on first reading, right, and then go to them and then second reading to us? Ms. Mendez: That is what we did. Commissioner Diaz de la Portilla: Okay, correct. Ms. Mendez: Right, and that is what we are going to do on your item as well. City of Miami Page 68 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Commissioner Diaz de la Portilla: We are going to pass it today. Ms. Mendez: Right. Commissioner Diaz de la Portilla: We have the votes, obviously. Ms. Mendez: And then it goes -- Commissioner Diaz de la Portilla: And then it goes to them. But they can do the same thing to me, they did to Commissioner Carollo. Ms. Mendez: Yes. Commissioner Diaz de la Portilla: They can delay it for 90 days and then delay it 45 days after that. Ms. Mendez: And then another 45 days. Commissioner Diaz de la Portilla: Another 45 days, 90, 90, so that is 6 months basically, they can do whatever the heck they want. An unelected body. Ms. Mendez: Yes, now these provisions that I read to you is an ordinance you passed. So, my recommendation though, the last time. Commissioner Diaz de la Portilla: So these provisions that, it's an ordinance, it's not charter or code. Ms. Mendez: Correct. Commissioner Diaz de la Portilla: So can I do a pocket item to change that ordinance right now? Can I do it for -- why not? Vice Chair Carollo: Not in an ordinance. Commissioner Diaz de la Portilla: No, you got to do a resolution only. So can I -- I can propose it for the October 27th meeting and change this whole convoluted concept, right? Ms. Mendez: For October 27th? Commissioner Diaz de la Portilla: Yeah, so I'm going to ask you to prepare that fbr me. Ms. Mendez: Right. So my suggestion had been the last time that this came before you, that it would be a maximum of 30 days, like only one continuance and they had to vote it up or down. If they did not vote it -- Commissioner Diaz de la Portilla: I'm sorry, I'm trying to understand because even though I'm not the new kid on the block, she's the new girl on the block, but I'm relatively new here to city government. So, we can change all these legal impediments that PZAB has placed on us, right? That makes it difficult for us to move city business forward. So, the people in our community who elect us want us to do things. PZAB throws these obstacles or these legal impediments because it is authorized obviously by Florida Statute, also authorized by our own order of business, right? Our own resolutions, our own charter in some cases. What can we do as a city? We can probably do a lot of things in Tallahassee too, but what can we do as a city more immediately to stop this fi^om happening? City of Miami Page 69 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Ms. Mendez: My suggestion was the last time this ordinance came for timeframes was that they could only reset it one -- to one meeting and then if they did not take action, it would be deemed a denial and it could come to you. Commissioner Diaz de la Portilla: Can we make it even more restrictive? Fifteen days or? Can they move quicker? Can we snake them move quicker? Faster? Ms. Mendez: Well, I mean, this is, I'm bad at math, but this is like 190 and 90. Commissioner Diaz de la Portilla: I know, but quicker than 30 days you're saying? Ms. Mendez: Okay. Commissioner Diaz de la Portilla: Faster than 30 days. Ms. Mendez: If someone can help me with the timelines on how PZAB comes, but arguably you could say that they can continue -- Commissioner Diaz de la Portilla: PZAB can meet whenever? One time. Ms. Mendez: One time. Commissioner Diaz de la Portilla: But why should they be able to continue at all? Ms. Mendez: Because they should be allowed to adequately review it. They should be able to defer it. Mr. Noriega: 30 days -- Commissioner Diaz de la Portilla: 30 days? No, no, no, but they get it. Its been noticed. They understand what it is. They have 30 days. Why do they need more than that? To continue for another 30 days? Ms. Mendez: No, no -- Mr. Noriega: No, what she's saying -- Commissioner Diaz de la Portilla: I'm sorry, so we can clarify? Mr. Noriega: What she's saying is when they hear it -- Commissioner Diaz de la Portilla: I didn't take my smart pill today, Commissioner Carollo. Mr. Noriega: When they hear the item, right now -- well before this was passed, they could defer it indefinitely. Ms. Mendez: Right, indefinitely. Mr. Noriega: And you'd never -- Commissioner Diaz de la Portilla: And we want to narrow that. Mr. Noriega: So we narrowed it a little bit with this legislation. Commissioner Diaz de la Portilla: We're going to close that window as much as we can. City of Miami Page 70 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Mr. Noriega: What she's saying now is they only get one opportunity to defer it and it's only for 30 days. So, at that next 30 day period, they have to either hear it -- Commissioner Diaz de la Portilla: Or they get one opportunity to defer to their next meeting. Ms. Mendez: Right, that's -- Commissioner Diaz de la Portilla: That's no more than 30 days. Mr. Noriega: Exactly. Commissioner Diaz de la Portilla: Defer to their next meeting that's no more than 30 days. Mr. Noriega: Correct. Commissioner Diaz de la Portilla: So, they can't play games with the meeting. Ms. Mendez: (UNINTELLIGIBLE). Mr. Noriega: (UNINTELLIGIBLE) that's the best way to draft it. Ms. Mendez: Right. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Madam Chair, a question about that is, that we are ruled by the State, right? And we have to go through PZAB because of the State. Ms. Mendez: Yes. Commissioner Reyes: Okay. And first question is, if we try to control it or limit their authority, that will be good with the State or the State will accept that? Ms. Mendez: The State doesn't say the amount of time. Commissioner Reyes: Okay, okay. Ms. Mendez: (UNINTELLIGIBLE). Commissioner Reyes: And my other question is, Commissioner Diaz de la Portilla, did you vote for this when you were in it? Commissioner Diaz de la Portilla: No, no, I wasn't there yet. I was a youngster back then. If I did, I probably made a mistake. Commissioner Reyes: I don't know. I don't know. Because -- Commissioner Diaz de la Portilla: I used to make mistakes -- Commissioner Reyes: -- could have been your fault. Commissioner Diaz de la Portilla: If I knew then what I know now, if I knew then what I know now. Commissioner Reyes: No, you didn't know at that time. City of Miami Page 71 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Commissioner Diaz de la Portilla: 1 didn't know. 1 was too young for my shortcomings. Commissioner Reyes: (UNINTELLIGIBLE) those laws. Yes. Chair King: Madam City Attorney -- Commissioner Diaz de la Portilla: The idea for sort of direction to make it clear, although I think it's pretty clear already, you know what 1 want? And we're going to -- Ms. Mendez: So, I will just Commissioner Diaz de la Portilla: Yes, yes, because 1 know you, Vicky, so tell me if you know what 1 want. Ms. Mendez: There could only be one deferral to the next meeting, which shall not be more than 30 days. Commissioner Diaz de la Portilla: Correct. No longer than 30 days. Ms. Mendez: And then if they do not take the item up or they do not want to hear the item, it will constitute a denial so that it can move forward. Commissioner Diaz de la Portilla: Okay, it constitutes a denial and then it comes to us and then we have authority over it. Okay. Ms. Mendez: Right. Commissioner Diaz de la Portilla: That works. That is what I want. Chair King: Have you read all of the items? Commissioner Diaz de la Portilla: No. Chair King: The titles? Ms. Mendez: No, no. Chair King: Okay. Ms. Mendez.: We got stuck in SR 4. Commissioner Diaz de la Portilla: So, Commissioner,, are you going to defer this until next meeting or? Ms. Mendez: So this would have to be deferred until -- Chair King: It has to be -- Commissioner Diaz de la Portilla: I know, but what meeting? Ms. Mendez: January. Right. So, which -- Commissioner Diaz de la Portilla: All the way? Ms. Mendez: January 4th is the next PZ -- City of Miami Page 72 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Commissioner Diaz de la Portilla: Alright, so that begs the other question. What happens then if we pass this on first reading on October 27th, what 1 just proposed, and then we pass it in second reading on November, whenever that meeting is? Ms. Mendez: I have to get back to you on that. Commissioner Diaz de la Portilla: No, no, no. Tell me now because I want to get it right. Ms. Mendez: I can't tell you now. I really have to look at the -- Commissioner Diaz de la Portilla: Okay, does that mean that in the December meeting we can bring it up? Ms. Mendez: That's why I say I can't tell you -- Commissioner Diaz de la Portilla: So before, well, you have to tell me because we can't defer. Chair King: She can't tell you because you may be looking at, you can't retroactively apply -- Commissioner Diaz de la Portilla: I'm not applying, I'm asking a question. Chair King: No, but that's what she's trying to tell you. Commissioner Diaz de la Portilla: I don't want him to defer or whatever, it's his item. Chair King: No he doesn 't have a -- he has to because -- Commissioner Diaz de la Portilla: But he doesn't have to defer until November, we're going to change the law, right? That's my question. If we are going to change the law before January, why does he have to defer it until January? Chair King: Because as the law applies now, they have the right to defer it 90 days. As the law applies today, it is not our -- Commissioner Diaz de la Portilla: But then we can always bring it back once we pass a new law, right? Chair King: Not necessarily, she has to research to find out if it applies. Commissioner Diaz de la Portilla: Okay. Chair King: You cannot apply it retroactively. Commissioner Diaz de la Portilla: I understand. Ms. Mendez: Because then there is notice provisions obviously and then there is the current state of the law right now. Commissioner Diaz de la Portilla: But notice provisions do not fall into what we are talking about now. We are talking about retroactive application of a law. Ms. Mendez: No, because if you -- Commissioner Diaz de la Portilla: I understand. But you are going to get back to me? City of Miami Page 73 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Ms. Mendez: I will get back to you. Commissioner Diaz de la Portilla: Okay. Get back to me. Thank you. [Later...] Chair King: Mr. City Clerk, it's SR.4? Mr. Hannon: Yes, ma'am. SR.4. Chair King: Okay, we need to decide what we're going to do with SR.4. Are we deferring it for 90 days? Vice Chair Carollo: Hold on. Arthur Noriega (City Manager): SR.4? Chair King: Yes. Mr. Noriega: The request is to withdraw the item. Commissioner Reyes: Withdrawal. Chair King: The request is to withdraw the item. Mr. Noriega: Yes. Commissioner Reyes: Move it. Commissioner Russell: Second. Chair King: All in favor? Commissioner Russell: Aye. Vice Chair Carollo: Hold on. The request from -- Commissioner Reyes: (INAUDIBLE). Mr. Noriega: Your item, Commissioner. Commissioner Reyes: (INAUDIBLE). Vice Chair Carollo: Yeah, okay, we'11 withdraw this one. Chair King: Okay. Vice Chair Carollo: This one was in second reading is the problem. Mr. Noriega: No, I know, but even at second reading, if we wait, we'll get through it faster through the process I suggested. Vice Chair Carollo: Alright. Chair King: There's a motion and a second. All in favor? The Commission (Collectively): Aye. City of Miami Page 74 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Chair King: Motion carries. This concludes the October 13, 2022, City of Miami Commission. Thank you all for attending. Meeting adjourned. Commissioner Reyes: Thank you, Madam Chair. You did a great job. SR.5 ORDINANCE Second 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 AND APPOINT THE DISTRICT 5 COMMISSIONER AS CHAIR EX OFFICIO, ALONG WITH OTHER MEMBERS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14114 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes NAYS: Russell Note for the Record: For additional minutes referencing Item Number SR.5, please see Item Number SR.1 and "Public Comments for all Item (s). " Chair King: Commissioner Russell, would you like to? Commissioner Russell: Yes, thank you. On SR.5, what is presented in writing in this second reading is not what we voted on, or at least what I understood to have voted on at first reading. It was stated, and I went back to watch the tape to see, it was stated that we could sit as board members or our appointee could sit as a board member. And I mentioned that, I remember Commissioner Diaz de la Portilla mentioned that, and there was a reason for that, and that's what earned my vote on the issue. I'm very happy to have you as the Chair and lead the board in a new direction, but I wanted the ability to appoint as well, rather than just sit, because I don't feel -- I don't want to be the voice there. I want to appoint someone that knows more than I about the issue, and perhaps even one of the existing board members. And I do stand by my statements in the last meeting now that the draft is now a final audit that I did not find malfeasance. And so I don't want this to be a referendum on the board's performance or reputation. I want to be this about your new leadership of the board and that's what earned my vote in the last meeting. But in the way it's written now, it's not what I voted for. So I'd like to have the ability to appoint in addition, as an option to sitting, which basically leaves it closest to status quo as possible because in the current form, the board that is there are our appointees. And so we could change the appointees at will, but now we have the ability to sit or appoint, which I think is a good thing. Commissioner Reyes: Sit or appoint. City of Miami Page 75 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Commissioner Russell: Yes. Victoria Mendez (City Attorney): Well, that's -- Commissioner Reyes: I think that's -- Ms. Mendez: Okay, so the reason why it is not drafted the way that you indicated is because due to dual office holding, you either sit or you don't. It cannot be some of the commissioners sit and then other appointees. Commissioner Diaz de la Portilla: Why? Commissioner Russell: Why not? I disagree. Commissioner Russell: I disagree. Commissioner Diaz de la Portilla: So do I. Can you have an alternate? Commissioner Russell: Or your representative. Commissioner Diaz de la Portilla: Or your representative. Commissioner Russell: Not an appointee. It's someone who's there on your behalf. Commissioner Diaz de la Portilla: Maybe not an appointee. Maybe the wording is wrong. It could be you could sit on it, and you have an alternate or appoint or designate -- Arthur Noriega (City Manager): Designee. Commissioner Diaz de la Portilla: -- that makes sense because I may want to go to some meetings that may be important. I support having an African American museum, maybe not there, but I believe in that. But I may want to sit on some of the meetings as a duly elected official. Or I may want to appoint somebody who knows more, like Commissioner Russell said, knows more than I do about the issue. Vice Chair Carollo: Can it be done by state law? Commissioner Diaz de la Portilla: Well -- Ms. Mendez: So there's a there's a concept of dual office holding. When something is not of the office, like your job, it could be considered a different office and the result to that is losing your original office. So it's one thing when you designate a Commissioner and that will be your job. And it's another thing when you're like flip- flopping back and forth on whether it's a designee, whether it's not, and then that could be a problem. So, it's either everyone's appointed or just the Chair, because it was the District 5 Commissioner is appointed, but it can't be willy-nilly. It has to be all the commissioners, one commissioner, because of a reason that you said that that is going to be her job from now on, or appointees of the other 'bur? But it can't be flip flopping. Vice Chair Carollo: That's the law, gentlemen. Commissioner Reyes: That's the law, appointees. Commissioner Diaz de la Portilla: Can we get a second opinion? City of Miami Page 76 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Ms. Mendez: Sure, 1 can ask for an Attorney General opinion, but honestly, the ramifications are pretty brutal, right? That you lose your original office. Commissioner Diaz de la Portilla: I trust you all. That's what you say they are, but I trust your judgment, but I still, in this case in particular, I think it's such an important issue. I would like to know, I would like to get a second opinion from the floor. Ms. Mendez: That's fine. Commissioner Diaz de la Portilla: Can we hire an outside law firm to tell us that? Commissioner Russell: The State Attorney? Commissioner Diaz de la Portilla: Well, not a state attorney. It could be the Attorney General. Attorney general, yeah. Vice Chair Carollo: Excuse me. Commissioner Reyes: Can we act as advisors? Vice Chair Carollo: We can always act as advisors in violation of -- Unidentified Speaker: Right. Commissioner Diaz de la Portilla: Can we tell them what to do? Vice Chair Carollo: Yeah. Commissioner Diaz de la Portilla: It's a joke. It's a joke. Vice Chair Carollo: If I may, Chair, I think it's important. That's why I have no problem with what the City Attorney has ruled the State law says in having each one of us serve. If after a year we could turn this around, I don't mind revisiting it so that we could appoint, if we want, except for the Chair to be the District 5 Commissioner. But I have no problem in voting for it the way that it is right now. I would have voted for it the other way, but we're limited. But I think it's important. And we all -- look, at the end of the day, no matter what happens, anywhere that falls under us, we're ultimately responsible. So, on this one here, after reading all that's been given to us, I want to be up front if I'm going to have the responsibility and be able to have my say so from the beginning, not after all is said and done from up here. So I'm willing to make the motion to approve SR.5, as is. Commissioner Diaz de la Portilla: To be clear, as is is? Vice Chair Carollo: That we all are serving. Chair King: For a year. Commissioner Diaz de la Portilla: That we all serve for a year and then we appoint. Chair King: Then we revisit the issue. Vice Chair Carollo: Then we could revisit -- Commissioner Diaz de la Portilla: Then we revisit the issue. I'll second the motion. Commissioner Reyes: Okay. City of Miami Page 77 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Chair King: Motion and second. All in favor? Vice Chair Carollo: Aye. Chair King: Aye. Commissioner Diaz de la Portilla: Aye. Commissioner Reyes: Aye. Commissioner Russell: Nay. Chair King: Motion carries. Ms. Mendez: Madam Chair, this item then will come back in a year. The legislation isn't going to say that you'll appoint in a year. Chair King: Yes. Ms. Mendez: We'll just bring it back in a year? Commissioner Diaz de la Portilla: Yes. Chair King: Yes. Vice Chair Carollo: Yeah. SR.6 ORDINANCE Second 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 IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14109 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number SR.6, please see Item Number SR. I and "Public Comments for all Item(s)." City of Miami Page 78 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 SR.7 ORDINANCE Second Reading 12281 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 31/ARTICLE II/SECTION 31-51 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX (BTR)/FOOD TRUCKS OPERATING ON PRIVATE LAND," BY PROVIDING FOR AN EXEMPTION TO ALLOW FOOD TRUCK OPERATIONS IN A LIMITED CAPACITY AT DEFINED INTERMODAL TRANSPORTATION AREAS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14115 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number SR.7, please see Item Number SR.1. END OF SECOND READING ORDINANCES City of Miami Page 79 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 12275 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Planning AS AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING"; MORE PARTICULARLY BY AMENDING ARTICLE VI, TITLED "ZONING AND PLANNING FEES, SECTION 62-22, TITLED "SCHEDULE OF FEES"; SECTION 62-23 OF THE CITY CODE, TITLED "REQUEST FOR REVIEW AND APPEAL"; SECTION 62-25 OF THE CITY CODE, TITLED "WAIVER AND REFUND OF FEES"; AND ARTICLE VII, SECTION 62-32 OF THE CITY CODE, TITLED "HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD/SCHEDULE OF FEES," TO PROVIDE THE YEARLY REVIEW OF FEES AND ASSOCIATED LANGUAGE WITHIN SO THAT ADJUSTMENTS, IF NECESSARY, ARE MADE AS PART OF SOUND FISCAL AND PROCESS MAINTENANCE; 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 Chair King: But in the meantime, read all of the titles. Victoria Mendez (City Attorney): FRI. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: FR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Commissioner Diaz de la Portilla, as to FR.3, that's the permanent ordinance. Depending on what happens is whether we hear that, for now, because you could continue under the temporary program, okay? So, I'll skip this one for a moment. Commissioner Diaz de la Portilla: Okay. Ms. Mendez: FR -- Commissioner Diaz de la Portilla: 6. Ms. Mendez: -- 4 was reset. FR.6. Okay, on FR.6, the Manager wanted to -- Mr. Manager, FR.6, on the sign ordinance, you want it to say something about the items? City of Miami Page 80 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Arthur Noriega (City Manager): So, the planning director, to her credit, offered a suggestion both on SR.4 and on FR.6. Given the current limitations with the PZAB (Planning, Zoning and Appeals Board) and the timeliness of it, it may be best to withdraw both items. Pass the legislation, follow my logic, pass the legislation as you're proposing in the next meeting, right? That way we resubmit them under the new legislation and they don't fall in the same time lag and the opportunity for PZAB to defer it. It will expedite and make it so that those processes will happen quicker. Commissioner Diaz de la Portilla: Madam Chairwoman. Chair King: I'm sorry, Art, say that again. Your recommendation for FR.4 and FR.6 is? Mr. Noriega: Yeah, FR.4 -- Commissioner Diaz de la Portilla: FR.4 doesn't even appear on the -- Mr. Noriega: No, SR.4. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Mr. Noriega: It's to withdraw then, right? Chair King: FR.4 and FR.6. Mr. Noriega: SR.4. Chair King: SR.4. Mr. Noriega: Withdraw them, that way they are out of the PZAB queue now. So now that 90-day deferral is non-existent because now it is not in the queue anymore. Pass new legislation on timing -- Commissioner Diaz de la Portilla: Madam Chairwoman, on FR.6, I want to move forward with it. I mean, it is first reading. You know, Commissioner Carollo had his item and he had first reading, he has a vision for what he wants to do. I have my vision for what wants to happen in the Omni CRA (Community. Redevelopment Agency) area in particular and also some of the Allapattah Health District areas. And we can have that conversation between first reading and second reading. But what I do want to do is I want to pass it and we come back, and we deal with the whole PZAB issue and how we're going to change the law. All these things can happen late,; but I do want to move -- get the ball rolling, move the agenda item forward, get it out today and we come back anyway. Then we can have a broader conversation, a more detailed conversation and we can make a decision on it as a body. Chair King: Okay. Commissioner Diaz de la Portilla: But my preference, I would ask that you help me, all of you help me get it moving forward and then we will deal with it in the second reading. Chair King: So, I have a motion to move FR.1, 2 -- Commissioner Diaz de la Portilla: And 6. Commissioner Reyes: I have my questions on FR.6. And I want to know how this is going to affect, because Irom what I read here, this opens every single property, city City of Miami Page 81 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 property, for one of those signs, correct? Any park could have one of those parks, 1 mean, of those signs. And from what 1 understand, they could be huge ones, the ones that have been proposed and I have seen, they look like mini houses. And 1 don't think that I -- in my opinion, and in my district, and the City. of Miami, I don 't want to see every single city property with one of those signs. And we are -- what are we going to become? I asked the last meeting, are we going to become Vegas or Times Square? And how is that going to affect the residents of the areas? We have not made an analysis. I don't know. I want specific places that could be installed, the size of it, otherwise I cannot -- and an analysis of how this will affect residents. The most important thing that we have, 1 mean, we are here for the residents, and if we are going to make money, affecting the residents, I don't want that money. That's my opinion. We will have to be very careful how this is going to -- the long -tern effect of this ordinance, unless it is specified, the size, where it's going to be, et cetera, et cetera, and it is not, 1 don't see it in this. That's why I cannot vote in favor of this. Chair King: So we have a motion for, I need you to read FR.6 into the record. The Ordinance was read by title into the public record by the City Attorney. Chair King: So, I have a motion. Do I have a second? Commissioner Diaz de la Portilla: I'll second it. Commissioner Russell: For which items? Chair King: 1, 2, and 6. Commissioner Reyes: Well, I -- Madam, I'm going to vote against 6, so I don't -- then I will vote in I, 2, I mean, if you take it as a package. Chair King: Okay, for 1 and 2, FR.1 and 2, I have a motion and a second. All in favor? Commissioner Diaz de la Portilla: Aye. Todd B. Hannon (City Clerk): I'm sorry, for FR.1 and 2, then the motion is made by Commissioner Diaz de la Portilla and seconded by who? Commissioner Diaz de la Portilla: By Commissioner Reyes. And for FR.6, the motion is made by me. Mr. Hannon: Wait, wait, so we just need to take the vote on FR.1 and 2. Chair King: All in favor? The Commission (Collectively): Aye. City of Miami Page 82 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 FR.2 ORDINANCE First Reading 10746 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") TITLED "STREETS AND SIDEWALKS/IN GENERAL" AND CHAPTER 54/ ARTICLE VIII OF THE CITY CODE, TITLED "STREETS AND SIDEWALKS/USE OF PUBLIC RIGHTS -OF -WAY BY COMMUNICATION SYSTEMS" TO UPDATE THE ESTABLISHED PROCESS AND REQUIREMENTS FOR CONSTRUCTION, PLACEMENT, INSTALLATION AND MAINTENANCE OF COMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY; 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.2, please see Item Number FR.1. FR.3 ORDINANCE First Reading 11135 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES," MODIFYING AND PROVIDING FOR ADDITIONAL SAFETY MEASURES AND OTHER REGULATIONS; AND ADDING DIVISION 2 TO PROVIDE FOR THE PERMANENT MOTORIZED SCOOTER PROGRAM; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: Item FR.3 was deferred to the October 27, 2022, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number FR.3, please see "Public Comments for all Item(s)." Ms. Mendez: Madam Chair, are we taking action on FR.3, on the scooters? On the scooter program? To not read it into the record. Commissioner Diaz de la Portilla: We're going to take it out of the list and I'm going to have a conversation with our City Manager about it. There are some questions I have over the RFP (Request for Proposal), Madam Chairwoman. City of Miami Page 83 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Commissioner Reyes: Yes, I think FR.3, if1 may, should be taken -- Commissioner Diaz de la Portilla: Separately, yes. Commissioner Reyes: -- separately. When we get the RFP and -- Commissioner Diaz de la Portilla: We have the RFP, but they've already eliminated the Administration on its own and eliminated -- it's only two companies. There's an expansion associated with it in my -- and I want to -- it's having a very brief conversation about it, because I want to add the health district to it, and I want to add District 1 to it, and parts of District 1, not all of it. Commissioner Reyes: District 4 is out. Commissioner Diaz de la Portilla: Yeah, yeah, I know, I know. But in my case, all of District 1 is out except the health, the segment of the health district. Commissioner Reyes: Which I think is a good idea. Commissioner Diaz de la Portilla: That's the only one. We're talking about the scooter program. But there's an issue that I want to discuss with our Administration on the way the RFP was handled and why they threw out some companies and left only two companies and whether there is enough capacity there. So, my inclination is to throw out that RFP altogether and start from scratch because we are going to add additional geographic boundaries that will only include the health district in District 1. It won't include anything -- and 1 am not sure if Chairwoman King may want to include some of her areas in it there too, because right now I am not withdrawing anything. I want to pull it out and then have an FR.3 conversation. I will be brief. Chair King: Okay. Commissioner Diaz de la Portilla: Okay. Because my intention is, Madam Chair, if I may finish quickly, because what I want to do is I want to have a new process because we changed districts. There are some areas in downtown Miami that may include District 5. Chair King: It does. Commissioner Diaz de la Portilla: I know. And so we sort of want to put together an area, Downtown Miami, health district, that where scooters make sense. Not because they don't only make sense in the old district too, they may make sense in other areas and in some areas they may not. So it doesn't matter how -- where we end up, but we need to end up in the right -- we have to do our own boundaries for scooters, not use existing political subdivisions. And that's why I think the RFP is flawed in that sense. Commissioner Russell: Madam Chair. Chair King: Yes. Commissioner Russell: Thank you. Commissioner Diaz de la Portilla brought this up at the last meeting regarding throwing out the RFP. I think there's an alternate solution here though. Because the scoring of the RFP would not have changed based on the size of the districts, I think the criteria of what we're looking for is all there. I just think that the award was gotten to in the wrong way. We asked for three, they gave us two. I believe, and I know that the City Attorney disagrees with me, that we can take the Manager's recommendation, but we can award as a body, as long as it's not arbitrary and capricious, based on the scoring that we see that the Manager City of Miami Page 84 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 studied as well, and we can choose three or four. We can choose the district and the boundary based on the ordinance that you're sponsoring. I don't we need to waste another six months or a year. Commissioner Diaz de la Portilla: Well, first of all, I never believed that government should be wasting six months or a year for an RFP. I've been fighting that since I got here in three years. Hopefully, we'll get better at that. The question is, Mr. Attorney, is it possible to do that? Mr. Attorney, that's you, Mr. Wysong. Is it possible to take an existing RFP that has certain geographic boundaries and all of a sudden say, hey, we're going to add to it, we're going to add four companies. Vice Chair Carollo: (INAUDIBLE) you're going to get all sorts of challenges. Commissioner Diaz de la Portilla: That's nay point. So we throw it out, we throw it out and start from scratch. And that's the motion I'm going to make when we get to RF.3 [sic]. Throw the whole thing out and .start from scratch. And then we decide. And with the body as a body, we can decide which way we want to go. Let me make that motion and get out of the way. Let's make a motion to throw out RF.3. Vice Chair Carollo: Yeah, bring it back in January. Commissioner Diaz de la Portilla: Bring it back in January. 90 days, we think? Commissioner Reyes: 90 days. Vice Chair Carollo: In 90 days, yeah. Commissioner Diaz de la Portilla: Commissioner Russell will be gone, so. Mr. Hannon: Chair. Mr. Noriega: Wait. Mr. Hannon: The motion is to -- Chair King: To throw -- Commissioner Diaz de la Portilla: To throw out the RFP. Chair King: -- out the RFP. Commissioner Diaz de la Portilla: And start from scratch. Mr. Noriega: But the RFP is not before you. Commissioner Diaz de la Portilla: But I still want to throw it out. Chair King: You have to withdraw the item. Mr. Noriega: It's on next -- it will be on the next agenda. Commissioner Diaz de la Portilla: But want to direct you to throw out the RFP. Mr. Noriega: Why? Commissioner Diaz de la Portilla: Because I already explained why. You didn't -- weren't listening, you were talking to Ms. Perry. City of Miami Page 85 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Mr. Noriega: 1 don't understand the rationale. Commissioner Diaz de la Portilla: The rationale is we were expanding boundaries, we are adding companies, we use false -- we have a scoring system that I think is flawed, in my opinion. You may not agree, but that is my opinion and we can vote on it or we can put it down. It does not really matter. I think we have the votes to throw it out, start from scratch. On top of that, we use artificial political subdivisions, District 2 -- City Commission District 2, those districts have changed now. All of a sudden, you have areas. In other words, the way it is done right now is if you are in 2nd Avenue and you want to get to 3rd Avenue, you cannot get there because it happens to be in District 5 or in District 1. So, throw the whole thing out. Mr. Noriega: Correct me if I'm wrong, just -- Commissioner Diaz de la Portilla: And we are subject to legal challenges if we all of a sudden begin to change boundaries and begin to change the number of companies. Because we did ask you and direct you, Mr. Manager, for three companies. You gave us two. Mr. Noriega: Up to three. Commissioner Diaz de la Portilla: Well, you played with the language. So the new ones not going to say up to three. The new ones are going to say four. No more, no less than four. That's the way you write the language. So the new one will say, no more than four and no less than four. And that way it's not up to, it's not close to, it's what it is. Mr. Noriega: Okay, and why is four the magic number, just out of curiosity? Commissioner Diaz de la Portilla: It's not. It's just that competition works, right? And as we expand the boundaries -- Mr. Noriega: And the issue we have with the scooters now is that there are too many of them. Commissioner Diaz de la Portilla: No, we can limit the number of scooters per block because the original problem that we had with the scooters was that you had too many per block. Mr. Noriega: And we also had an issue of compliance and enforcement. Commissioner Diaz de la Portilla: And the reason -- in any system where you have competition and you have different companies fighting for a product, you're going to get a better product. The fact that you limited to two, I can ask, I can reverse your question and you can ask me why you only got two, when -- and why the scoring system was not the scoring system that I thought would be a fair system. I'm saying, without going into too much detail, is what my intent is, is to throw out the RFP. I'm going to make a motion to that effect. And if I have the votes, I have the votes, and i_f I don't, I don't. Mr. Noriega: I can appreciate the democratic process here. Let me say it so it's on the record. I strongly, strongly encourage the board to take up the RFP and finalize it. This process has gone long. We have the pattern in the City of not getting to the finish line on these RFPs, and this is why. So, my recommendation stands that we actually take -- follow through with the RFP, get to the finish line. You can take my, recommendation or not take my recommendation at this point. It's scheduled for the City of Miami Page 86 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 next agenda, but if the board feels like they want to throw it out now, they're certainly entitled to. Ms. Mendez: Well, if it's scheduled for the next agenda, if you could throw it out then, and you have to give your reasons why, that would be great. Commissioner Diaz de la Portilla: I want to throw it out now. Ms. Mendez: Okay, then you need to give me five minutes to make sure that that's correct. Commissioner Diaz de la Portilla: 1 want to throw it out, and 1 want to vote on it. And I'm a big boy. I've lost before and I've won. And I think that the majority of this commission doesn't think that that process was carried out the right way. That is why we have had the issues that we have had. Chair King: In the meantime, can you read the titles into the record so that we can take up the other items? Commissioner Diaz de la Portilla: Can we vote on FR.3 and get that out of the way? Chair King: She said she needed five minutes. Commissioner Diaz de la Portilla: Okay. Alright. Chair King: I am going to give her the five minutes to do the research that she needs. [Later... ] Chair King: FR.3, Madam City Attorney, are you ready to move on FR.3? Commissioner Diaz de la Portilla: I move that we scrap the RFP (Request for Proposal) program, the RFP proposal and start from scratch. Chair King: Wait, the City Attorney is still -- Victoria Mendez (City Attorney): Right, so on the FR -- on scrapping the proposal, we're still doing just a little bit of research. I just want to tell you what my pause is. The code says that the Manager gives a recommendation, it's placed on an agenda, then the Commission decides. I'm trying to see if there's -- Vice Chair Carollo: Can we defer this from the next meeting then until they get it straight? Commissioner Diaz de la Portilla: We can. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: I move that we defer FR.3 to October 27th. Vice Chair Carollo: Second. Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion is deferred -- I mean, item is deferred. City of Miami Page 87 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 FR.4 ORDINANCE First Reading 12577 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDINGS/CODE RELIEF PROGRAM"; MORE PARTICULARLY BY AMENDING SECTION 10-70 TO AMEND THE LEGALIZATION PROCESS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: Item FR.4 was deferred to the October 27, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number FR.4, please see "Order of the Day." City of Miami Page 88 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 FR.5 ORDINANCE First Reading 12645 Commissioners and Mayor 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") TO EXPRESSLY PERMIT MEDICAL MARIJUANA DISPENSARIES IN THE CITY SUBJECT TO DISTANCE REQUIREMENTS BY AMENDING ARTICLE 1, TITLED "DEFINITIONS," TO AMEND THE DEFINITION OF GENERAL COMMERCIAL TO INCLUDE MEDICAL MARIJUANA DISPENSARIES AND PHARMACIES; BY CREATING A NEW DEFINITION FOR MEDICAL CANNABIS, MEDICAL MARIJUANA DISPENSARIES, AND PHARMACIES; AMENDING ARTICLE 6, TITLED SUPPLEMENTAL REGULATIONS TO PROVIDE DISTANCE REQUIREMENTS AND OTHER REGULATIONS FOR MEDICAL MARIJUANA DISPENSARIES AND PHARMACIES; AND FURTHER AMENDING ARTICLE 7, TITLED "PROCEDURES" TO ADD A RESERVATIONS SYSTEM AND TO PROVIDE FOR SUBSEQUENT ESTABLISHMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: Commission Meeting. Item FR.5 was deferred to the October 27, 2022, City Note for the Record: For minutes referencing Item Number FR.5, please see "Order of the Day." City of Miami Page 89 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 FR.6 ORDINANCE First Reading 12693 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IX/SECTION 2-779 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/CITY-OWNED PROPERTY/OUTDOOR ADVERTISING SIGNS ON CITY -OWNED PROPERTY," TO ALLOW FOR OUTDOOR ADVERTISING SIGNS ON GOVERNMENT - OWNED PROPERTIES; 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: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla NAYS: Reyes Note for the Record: For additional minutes referencing Item Number FR.6, please see Item Number FR.1 and "Public Comments for allltem(s)." Chair King: Now, do 1 have a motion for FR. 6? Commissioner Diaz de la Portilla: Moved by me. Chair King: Do I have a second? By Commissioner Carollo. All in favor? Commissioner Diaz de la Portilla: Ave. Chair King: Aye. Vice Chair Carollo: Aye. Commissioner Reyes: No. Chair King: Commissioner Russell? Todd B. Hannon (City Clerk): Motion passes 4-1 with Commissioner Reyes voting no. Chair King: Madam City Attorney, do you have -- Commissioner Diaz de la Portilla: You voted for it? Commissioner Russell: Yeah. Commissioner Diaz de la Portilla: Oh wow, you're being nice to me today. Commissioner Reyes: What do you want? Commissioner Diaz de la Portilla: He wants something. Commissioner Reyes: What do you want? END OF FIRST READING ORDINANCES City of Miami Page 90 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 DI.1 12488 Department of Finance DI - DISCUSSION ITEMS DISCUSSION ITEM A DISCUSSION OF THE MIAMI CITY COMMISSION REGARDING NON -REIMBURSABLE EXPENDITURES. RESULT: DISCUSSED Chair King: Good afternoon. Please move forward with your report. Erica Paschal (Director, Finance): Good afternoon, Commissioner, Erica Paschal with the City of Miami Finance Department. Per the City's financial integrity principles, the Finance Department is required to provide a quarterly report of all non -reimbursable grant expenditures for the quarter ending March 31st, 2022. There was $31,630.32 identified as non -reimbursable. Those expenditures have since been reclassified to the respective department's general fund. Are there any specific questions? Chair King: No, thank you. Ms. Paschal: Thank you. DI.2 DISCUSSION ITEM 11128 Department of Solid Waste A DISCUSSION REGARDING THE BULKY TRASH COLLECTION COST STUDY REPORT. RESULT: DISCUSSED Chair King: DI.2, bulky trash collection, cost study report. Good afternoon. Wade Sanders (Director, Solid Waste): Good afternoon, Madam Chair, Commissioners, Vice Chair, Wade Sanders, Director of Solid Waste. We have a presentation that we're going to be giving in a few minutes, but the introduction to the -- so back in June 2021, the City Commission directed the City Manager to go out and conduct a study, or to bring back a study, dealing with the multifamily dwellings with bulky waste, and part of the scope was to look at 4 units to 12 units, 13 units to 50 units, and 50 and above. The Department knew that we had to do some amendments to Chapter 22, and that would happen if this was to pass. We already identified that Chapter 22 is going to have to have some amendments done to it. We worked close with procurement in order to get a consultant to work with us in order to facilitate this study. The company that we hired was CMA Enterprises, Incorporated. During that time, we brought them in and we had several departments that worked with us within the City, which was the Purchasing Department, GSA (General Services Administration), Budget, Finance, Police Department, and Solid Waste. With Solid Waste, [just want to just bring to your attention, I had one person that was very instrumental in making sure that all of the information was given in a timely manner. And I just want to recognize her because she really put a lot of time in it. So Vanessa, if you can come up for a minute. Vanessa? She's kind of shy, but she's not shy with City of Miami Page 91 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 telling me about the numbers. So, you know, she didn't know I was going to do this to her today, but this young lady, she's been very important to the department of letting me know, staying in line with my budget, staying in line with expenditures, and staying in line with getting information out. She was very helpful with getting the data, helping getting the data for the company to do this study. And I just want to recognize her and just tell her thank you for all the hard work that she did with this study. So I don't want that to go passed. So thank you, Vanessa, for all you do for me. Alright? Vanessa Giron: Thank you. Mr. Sanders: And now 1 would like to bring on the company CMA to give the presentation. I think we have about 14 or 15 slides that we're going to go through. And if we have to give additional information, we will forward that to you at the end. So I'm bringing Mr. Carlos up from CMA to do the presentation. Chair King: Have you provided this report to all of the commissioners? Mr. Sanders: Yes. Chair King: Okay, because I think you -- we -- I've lost my colleagues, so you'll only be showing it to me. 1 can -- so we can take a look at the report at our leisure, and if we have any questions, we'll call you back. Mr. Sanders: Yes madam. Chair King: Okay. Thank you. Commissioner Reyes: Thank you. END OF DISCUSSION ITEMS City of Miami Page 92 Printed on 10/30/2023 City Commission Meeting Minutes October 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 93 Printed on 10/30/2023 City Commission Meeting Minutes October 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 94 Printed on 10/30/2023 City Commission Meeting Minutes October 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 95 Printed on 10/30/2023 City Commission Meeting Minutes October 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 96 Printed on 10/30/2023 City Commission Meeting Minutes October 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 97 Printed on 10/30/2023 City Commission Meeting Minutes October 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 98 Printed on 10/30/2023 City Commission Meeting Minutes October 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 99 Printed on 10/30/2023 City Commission Meeting Minutes October 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 100 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 BC.12 11271 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Toussaint Pierre Commissioner Christine King ENACTMENT NUMBER: R-22-0403 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Chair King: At this time, we'll take up the Boards and Committees. Todd B. Hannon (City Clerk): Thank you, Chair. Wade Sanders (Director, Solid Waste): No presentation. Chair King: No, we'll look at them. Commissioner Reyes: Yeah. Mr. Sanders: And then get back to us. Chair King.: Yes. Vice Chair Carollo: Mr. Clerk, if I may, Chair. What is the process if anyone would like to name someone to the Planning and Zoning? Mr. Hannon: There's a notification requirement. We've already had the notice out for 30 days. However, any application we receive for an appointment to the Planning, Zoning, and Appeals Board would need to be noticed for five days before the appointment can occur. So -- Vice Chair Carollo: But do you have to put an advertisement first? Mr. Hannon: We've already done that for a previous appointment, so we've satisfied that particular portion of the code, but there is another portion of the code that requires any application that we receive, that that be noticed for five days before the appointment is made. Vice Chair Carollo: Okay. So until when do you have that opening? Mr. Hannon: If you're looking at October 27th, we just meet the application right away. City of Miami Page 101 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 BC.13 12664 Office of the City Clerk Vice Chair Carollo: Okay, thank you. Mr. Hannon: Yes, sir. Chair, BC.10, Community Relations Board, Chairwoman King will be appointing Trene Floyd. Chair King: Todd, I want to hold on -- on that appointment. Can we do it at the next commission meeting? Mr. Hannon: Understood. Chair King: Okay. Mr. Hannon: BG 12, Finance Committee. Chairwoman King will be appointing Toussaint Pierre. Vice Chair Carollo: Move. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST FOR TERMS AS DESIGNATED HEREIN. MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: APPOINTEES: (AFSCME Local 1907) (AFSCME Local 1907) Defer DEFERRED Joe Carollo, Commissioner Manolo Reyes, Commissioner King, Carollo, Russell, Reyes Diaz de la Portilla NOMINATED BY: Commission -At -Large Commission -At -Large Note for the Record: Item BC.13 was deferred to the October 27, 2022, City Commission Meeting. Todd B. Hannon (City Clerk): BC.13, General Employees' and Sanitation Employees' Retirement Trust. AFSCME Local 1907 has submitted the following names for the Commission's consideration and approval. Olga Torres and Porfirio Jimenez. City of Miami Page 102 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 BC.14 7963 Office of the City Clerk Vice Chair Carollo: If we could defer this for the next meeting. Mr. Hannon: Is there a motion on the deferral? Vice Chair Carollo: So moved. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Mr. Hannon: That concludes the Boards and Committees. Thank you, Chair. Chair King: Thank you. 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 103 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 BC.15 12164 Office of the City Clerk BC.16 12691 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 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING CERTAIN INDIVIDUALS AS MEMBERS OF THE LITTLE HAITI REVITALIZATION TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Youth Member) RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Christine King Commissioner Christine King City of Miami Page 104 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 BC.17 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 105 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 BC.18 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 Manolo Reyes Commissioner Christine King City of Miami Page 106 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 BC.19 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 107 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 BC.20 12665 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 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 108 Printed on 10/30/2023 City Commission Meeting Minutes October 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 Note for the Record: For minutes referencing Item Number BC.23, please see "Public Comments for all Item(s). " City of Miami Page 109 Printed on 10/30/2023 City Commission Meeting Minutes October 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 NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Note for the Record: For minutes referencing Item Number BC.24, please see "Public Comments for all ltem(s). " END OF BOARDS AND COMMITTEES City of Miami Page 110 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 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. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.1 was continued to the November 17, 2022, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number PZ.1, please see "Order of the Day" and "Public Comments for all Item(s)." Commissioner Reyes: PZ.1. Chair King: PZ.1. At this time, Victoria, can you read PZ.1 into the record? Commissioner Reyes: Victoria, second, Madam Chair, through the Chair, I would like to sponsor PZ.1. Vice Chair Carollo: Which -- Arthur Noriega (City Manager): Sidewalk. Sidewalk cafe. Victoria Mendez (City Attorney): This is the outdoor dining. Mr. Noriega: Outdoor dining. Ms. Mendez: Outdoor seating. Commissioner Reyes: Outdoor cafes. Mr. Noriega: Yeah, there's -- Commissioner Reyes: Sidewalk cafes. City of Miami Page 111 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Mr. Noriega: There has been a request to have this item deferred one meeting so that the boundaries could be discussed a little better in terms of -- Commissioner Reyes: Request by whom? Mr. Noriega: Commissioner Carollo. Commissioner Reyes: Commissioner Carollo. Vice Chair Carollo: Downtown is fine. Commissioner Reyes: No. Vice Chair Carollo: Downtown is fine. Commissioner Reyes: Yes. Vice Chair Carollo: My concern is the rest of the city, so I want to be able to -- Commissioner Reyes: Okay, you wanted to define the size and the -- I have no quarrel with that. I have no quarrel with that. Vice Chair Carollo: Since my understanding is the main concern was downtown, then we should derive something that fits strictly downtown and not get a shoe size 10 for downtown that's going to be fitted in a size 11 or a size 8 in other parts. Commissioner Reyes: Yes, I do understand, and you are concerned about the size of the sidewalk, the traffic, and all of that. Vice Chair Carollo: Even more than that, I'm concerned more on the backs of places and so on, because it covers more than that. Downtown, I have no problems, because there's no residents in the back of buildings or anything like that. Commissioner Reyes: One thing that I want to make clear, this does not, in my opinion, I will not vote for anything that includes that backside, that it is -- that it abuts housing or doesn't have to be single-family. Vice Chair Carollo: My concern is that it could, from what I read. So if we could just bring it back -- Commissioner Reyes: And clam. Vice Chair Carollo: -- we'll have it clarified. Commissioner Reyes: Okay. Ms. Mendez: We could -- Vice Chair Carollo: (UNINTELLIGIBLE) you know, tailor fit something that would be strictly downtown, where I think is appropriate. Commissioner Russell: I'll move to defer it. Ms. Mendez: We could limit it to the DDA (Downtown Development Authority) areas now and then you research the rest later. Commissioner Reyes: Let's move it. City of Miami Page 112 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Chair King: So, 1 have a motion to defer it. Do I have a second? Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Commissioner Russell: October 27th. Chair King: October 27th. Ms. Mendez: So, October -- Vice Chair Carollo: Mr. Manager, can you speak to Commissioner Reyes, because maybe the idea of the DDA area might be the appropriate one. Commissioner Reyes: It might be the appropriate one, but there are certain other areas, you see, like, for example, Coconut Grove. I think it will fat Coconut Grove also in certain areas. Vice Chair Carollo: Well, but that would be the Coconut Grove BID (Business Improvement District). Commissioner Reyes: But 1 do agree with you 100 percent. It should be sidewalk. It shouldn't be on the back of the building, you see, and not any sidewalk that abuts any residence. Okay? Chair King: Okay. Madam City Attorney, can you read PZ.5 and 6 into the record? Ms. Mendez: Yes. The only problem is for October 27, we're not going to have enough time to edit all this for Monday and get consensus and all that. So I would ask if this is being reset, PZ.1, that we -- Chair King: Do it to the meeting in November? Ms. Mendez: Yes. Chair King: Is that okay? Commissioner Russell: Yes. Chair King: With my colleagues? Commissioner Russell: That's fine. Chair King: Okay. Todd B. Hannon (City Clerk): That would be November 17th? Ms. Mendez: Thank you. Mr. Hannon: And who is the mover and seconder? Commissioner Russell: Mover. I accept. Mr. Hannon: Mover. City of Miami Page 113 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 PZ.2 12288 Office of Zoning Vice Chair Carollo: Second. Mr. Hannon: Good to go. Thank you, Chair. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF 6925 BISCAYNE, LLC, REVERSING / AFFIRMING THE PLANNING, ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-017 AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 6901 BISCAYNE BOULEVARD, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND / OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; 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.2 was deferred to the October 27, 2022, City Commission Meeting. Chair King: Okay, that will now take us to -- Commissioner Diaz de la Portilla: The motion could have been deferred too, but -- we should be able to do that, deferred notions. Chair King: Discussion items, DII, non -reimbursable expenditures, Department of Finance. Commissioner Diaz de la Portilla: Before we do that, Madam Chairwoman, because I need to make a quick phone call, and I don't know how quick that phone call is going to be. I would like to defer PZ.2, PZ.3, and PZ.4 until the October 27th meeting. That's a marijuana dispensary issue. Did I get it right? Vice Chair Carollo: Second. Commissioner Diaz de la Portilla: Yeah, we will deal with it later. Chair King: There is a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 114 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 PZ.3 12289 Office of Zoning Commissioner Diaz de la Portilla: It's 2, 3, 4. There's no other marijuana dispensary items. Those are the only three, correct? Chair King: No, it's just those three. Commissioner Reyes: Did you ask Russell -- for his opinion? Commissioner Diaz de la Portilla: Russell got a script this morning. Commissioner Reyes: (UNINTELLIGIBLE) he got a script? Commissioner Diaz de la Portilla: It's a prescription. Commissioner Reyes: That's a prescription. Vice Chair Carollo: Wait, wait, wait, wait, wait, wait, wait. Now I see what's going on here. You're not going to apply for one of these after January, are you, Russell? You're not going to apply for one of these licenses. Commissioner Reyes: No, you already have a card. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ. REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R- 22-018 AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 2222 NORTHWEST 5 AVENUE, MIAMI, FLORIDA, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/ OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; 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.3 was deferred to the October 27, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.3, please see Item Number PZ.2. City of Miami Page 115 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 PZ.4 12290 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF BILL'S NURSERY, INC., REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-019 AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 172 WEST FLAGLER STREET, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/ OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; 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.4 was deferred to the October 27, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.4, please see Item Number PZ.2. PZ.5 ORDINANCE First Reading 12520 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING APPENDIX P: WYNWOOD NORTE NEIGHBORHOOD REVITALIZATION DISTRICT ("NRD-2") OF THE MIAMI 21 CODE, MORE SPECIFICALLY BY AMENDING APPENDIX P SECTION 5, TITLED "SPECIFIC TO ZONES", TO MODIFY RESIDENTIAL DENSITY CALCULATION REQUIREMENTS FOR T4 TRANSECT ZONES; 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: Ken Russell, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Chair King: PZ.5 and 6. City of Miami Page 116 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Victoria Mendez (City Attorney): PZ.5. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.6. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Carollo: Move. Commissioner Reyes: Second. Ms. Mendez: Madam Chair, and PZ.6 -- Chair King: Oh, hold on one second. Lakisha Hull (Director, Planning): In regards to PZ.5, Lakisha Hull, Planning Director for the record. Earlier today during the public hearing comment, Wvnwood Community Enhancement Association provided some updated legislation. The Planning Department has reviewed this, and we have actually updated our recommendation to approval with the modifications to be read into the record. It was very interesting at PZAB (Planning, Zoning and Appeals Board) that we were able to get more context of how this legislation was able to be more community adaptive and so we are happy to be able to support this item. Commissioner Russell: Is that an amendment or a substitution? Chair King: It's an amendment. Ms. Hull: An amendment, yes. And so for the record -- Chair King: So you need to read into the record the amendments. Ms. Hull: Okay. So for the record, what was provided earlier this morning is in regards to amending Section 5.1.5 of the Architectural Standards of Miami-21 Code. The amendment now states for that section, newly constructed buildings shall incorporate distinct facade treatments and roof types compatible with the residential character of the neighborhood. The other portion of Miami-21 is illustration 5.1. It is striking through the density portion of the table shown under building disposition. And this is the consistency that is required in order to allow for the density to occur for the T-4 area. Chair King: Thank you. Ms. Hull: You are welcome. Chair King: PZ.6, we are going to do them both together. The Ordinance was read by title into the public record by the City Attorney. Commissioner Russell: I'll move them both. Chair King: There's a motion to move it. Second? Vice Chair Carollo: Second. Chair King: All in favor? City of Miami Page 117 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 The Commission (Collectively): Aye. Chair King: Motion carries. Todd B. Hannon (City Clerk): With PZ.5 amended. Chair King: With the amendment for PZ.5. And we still have two pocket items to take up. PZ.6 ORDINANCE Second 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. ENACTMENT NUMBER: 14110 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PZ.6, please see Item Number PZ.5. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 118 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 FL.1 12574 City Manager's Office FL - FUTURE LEGISLATION ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION", CHAPTER 10 OF THE CITY CODE, TITLED "BUILDINGS", CHAPTER 11 OF THE CITY CODE, TITLED "CABLE TELEVISION", CHAPTER 11.5 OF THE CITY CODE, TITLED "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW", CHAPTER 13 OF THE CITY CODE, TITLED DEVELOPMENT IMPACT AND OTHER RELATED FEES", CHAPTER 17 OF THE CITY CODE, TITLED "ENVIRONMENTAL PRESERVATION", CHAPTER 18 OF THE CITY CODE, TITLED "FINANCE", CHAPTER 22 OF THE CITY CODE, TITLED "GARBAGE AND OTHER SOLID WASTE", CHAPTER 31 OF THE CITY CODE, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS", CHAPTER 35 OF THE CITY CODE, TITLED "MOTOR VEHICLES AND TRAFFIC", CHAPTER 39 OF THE CITY CODE, TITLED "PEDDLERS AND ITINERANT VENDORS", CHAPTER 54 OF THE CITY CODE, TITLED "STREETS AND SIDEWALKS", AND CHAPTER 62 OF THE CITY CODE, TITLED "PLANNING AND ZONING", TO REPLACE OR STRIKE REFERENCES TO THE NEIGHBORHOOD ENHANCEMENT TEAM ("NET") FROM THE CITY CODE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN FL.2 ORDINANCE 12544 Department of Resilience and Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/SECTION 2-272 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/DEPARTMENTS/PLAN REVIEW FEE," PROVIDING FOR THE TRANSFER OF THE TRAFFIC STUDY FEE UNDER CHAPTER 62/ARTICLE VI/SECTION 62-22 OF THE CITY CODE, TITLED "PLANNING AND ZONING/ZONING AND PLANNING FEES/SCHEDULE OF FEES," TO THE RESILIENCE AND PUBLIC WORKS DEPARTMENT ("DEPARTMENT"); CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 119 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 NA.1 12769 Office of the City Clerk NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO IDENTIFY POTENTIAL FUNDING SOURCES TO SATISFY THE RECONNECTING COMMUNITIES PILOT (RCP) DISCRETIONARY GRANT PROGRAM FOR THE CONNECTING MIAMI: 1-395 UNDERDECK, HERITAGE TRAIL, AND OPEN SPACE PROJECT LOCAL MATCHING SHARE REQUIREMENT OF NO LESS THAN 20 PERCENT (20%) OF ELIGIBLE ACTIVITY COSTS AND TO REPORT HIS FINDINGS TO THE CITY COMMISSION WITHIN NINETY (90) DAYS. ENACTMENT NUMBER: R-22-0402 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number NA.1, please see "Order of the Day." Vice Chair Carollo: FL.1 and FL.2. Chair King: Oh, I'm sorry. Future legislation. Todd B. Hannon (City Clerk): That was just there for notification purposes. Chair King: It's just there for notification. Mr. Hannon: No action needed. Commissioner Russell: Did you receive my pocket? Should be PL2 or 3. Chair King: Can you read the pocket items, the titles into the record please? Vice Chair Carollo: Which ones are they? Mr. Hannon: Madam City Attorney this morning read in the title into the record for Pocket Item. 1, which is the City Manager's Pocket Item, but I do not believe Pocket Item Number 2 has been read into the record yet. Vice Chair Carollo: Which is the City Managers? Chair King: The one.* -- Mr. Hannon: Underdeck. Chair King: -- the underdeck. City of Miami Page 120 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Vice Chair Carollo: Okay. Commissioner Reyes: 1 have a question on it. Nzeribe Ihekwaba: Good afternoon, Nzeribe Ihekwaba, Deputy City Manager. The City Manager's pocket item has to do with funding support for the underdeck. This is a multi jurisdictional project between the City of Miami and FDOT (Florida Department of Transportation) for the improvement of the underdeck, which is a companion item to the signature bridge, as well as the expansion of I-395 and 836. The funding support has the total funding requirement for this project is $54 million. We are simply applying for a grant, which is what this item is. Commissioner Reyes: Okay. Mr. Ihekwaba: The grant is for 50 percent of the cost of construction. And if it's successful, and coincidentally, today is the submittal date, the Manager has already provided a letter to FDOT subject to disapproval of City Commission in order to apply for 50 percent of the funding. And the FDOT is going to provide additional 30 percent support to the project, leaving a delta of 20 percent, which the city is obligated to provide. Now, when the project is completed, the City of Miami will take full and complete control of that under deck, which is a futuristic parkland open space. FDOT doesn't want to call it a park. They prefer to call it green space or public space. And like 1 said, the total cost is $54 million. This Commission approved a resolution in the past mandating a public group, the town square group, to work with the City of Miami. Each of the elected officials had a representative to that board to look into the ramification, the design, the components, the elements, and also the operation and maintenance schedule and governance structure for the underdeck. The underdeck is not just a public space. There is provision for future concessions to be incorporated into it. So, this is a win -win situation for the city. If we are successful and the city is able to get the funds, the additional funds, this is going to he -- we're paying 20 percent fraction of a cost of a mighty big public space improvement. Now, the item calls for the Manager to come back within 30 days after identifying the funding source. So I will ask if the City Commission will agree to amend that requirement to give us up to 90 days to be able to find a proper funding source for this project. Vice Chair Carollo: That sounds more realistic. Mr. Ihekwaba: Yes. So this project is impacting District 5, District 2, and the Omni CRA (Community Redevelopment Agency). So those three commissioners are also, they are representatives, and including the Mayor and the Manager, are also on the board of the management committee, overseeing the design concept. Any questions? Commissioner Reyes: Madam Chair. Chair King: Yes. Commissioner Reyes: To clarify this, the funding, how much will the city be responsible for? You said 20 percent? Mr. Ihekwaba: 20 percent which is -- Commissioner Reyes: Out of 54, that is -- Mr. Ihekwaba: That's about $10.8 million. Commissioner Reyes: $10.8 million. Where that money is going to come from? City of Miami Page 121 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Mr. Ihekwaba: That's what this item is for. For the Manager and his staff to look into potential funding sources, identi, and come back to this Commission. Commissioner Reyes: Identify. You're looking for grants, et cetera, et cetera? Mr. Ihekwaba: The funding can come from grants. The only exception to the application -- Commissioner Reyes: It comes from FDOT also? Mr. Ihekwaba: It cannot come from federal funding source. It can be from any source. It could be a grant from the state, from the county, from the government. Commissioner Reyes: Is there any chance that we can get additional funding from the state? Mr. Ihekwaba: That's what we're looking into. Commissioner Reyes: Okay. Another question. Mr. Ihekwaba: (UNINTELLIGIBLE). Commissioner Reyes: Another question. You mentioned, and 1 know that you have all hopes of this, and this is going to be the eighth marvel of the world, and all of that, that I know -- have been sold, which I am very skeptical about it. Who is going to -- who is going to -- security, it is -- and who is responsible for security. We are? Vice Chair Carollo: We are. Mr. Ihekwaba: So the management structure, there's a recommendation coming back to this Commission in terms of management structure, whether it's going to be a concessionaire, or it's going to be City, or a trust. Commissioner Reyes: So any revenues that could be generated, they're going to stay there for maintenance and security? Mr. Ihekwaba: So this is something -- Commissioner Reyes: My fear is that that will become -- that will become the homeless den. Mr. Ihekwaba: Good question, Commissioner. Those two aspects are some of the highlights of the recommendation coming back to Commission. Whether the City Commission would like to establish a trust to manage the entire green space, including the concessions and the revenue generated should be ploughed back in terms of O&M (Operations and Maintenance) as well as for security. So it's corning back to you. Chair King: That's a little premature to start talking about. We have the underline as an example of what to do and what not to do, and we can learn from their challenges, but this allows the City Manager to go ahead to identify the funding to move forward with that. Commissioner Russell: Agreed. I'll sponsor it and I'll move it. City of Miami Page 122 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Commissioner Reyes: 1 do understand, but 1 want to know that and alert everybody that this could have consequences and unintended consequences that could affect not only that area, the surrounding areas. Vice Chair Carollo: But the bottom line is whether we take responsibility for it or we give it to the State, we're still going to have the same problems that you mentioned. So I'd rather take it over so that we could find a quick solution, and this is why we came up with the tiny homes idea. Commissioner Reyes: But what I'm trying to say, 1 mean, what I want to know is any type of activity that is going to take place there that we have to protect it, either the maintenance and all that. Chair King: Yes. Commissioner Reyes: If it is not us, if the State is to be on their dime. But this will have to come from someplace. And what we do is minimize as much as is possible that will come from our taxes and other funding. Mr. Ihekwaba: So Commissioner, I think this is a better solution for us. So, as you might be aware, most of the public infrastructure projects handled by external third parties, they tend to fence it with chain -link fence, which is an eyesore. This is an improvement to create a park -like structure and facility. Commissioner Reyes: 1 really hope so. Mr. Ihekwaba: So this is better for us in terms of public image and optics and -- Commissioner Reyes: I just want you to start thinking and consequences and how are we going to enter in it. And if it is the State, I mean, much better, it's going to be on their dime. But if it's going to be on our dime, how are we going to get the funds to do it, okay? Mr. Ihekwaba: Thank you. Chair King: Have we read into the record, PZ.6? Thank you. Mr. Ihekwaba: Sorry, Commissioner, I think the item is to ask for a direction. So I don't know whether the item is. Chair King: Oh, to move forward. Mr. Ihekwaba: Yes, to move forward. Chair King: To move -- Vice Chair Carollo: Move with the 90 days. Mr. Ihekwaba: Yes. Chair King: Yes. Commissioner Reyes: Move forward. Mr. Ihekwaba: Okay, thank you. Chair King: Oh, I'm sorry. City of Miami Page 123 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 NA.2 12772 City Commission Commissioner Russell: You need to vote on it. Mr. Hannon: It was -- Chair King: It was a motion. It was a motion and a second. All in favor? The Commission (Collectively): Aye. DISCUSSION ITEM DISCUSSION BY COMMISSIONER RUSSELL REGARDING A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS TO INITIATE FUTURE LAND USE MAP AMENDMENTS, REZONINGS, AND WAIVERS, PURSUANT TO MIAMI 21 SECTION 7.1.2.8.G.7, FOR THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 3424 SW 37 AV, 3442 SW 37 AV, 3714 WASHINGTON AV, 3718 WASHINGTON AV, 3735 WASHINGTON AV, 3719 THOMAS AV, 3825 CHARLES TERRACE, 3715 CHARLES TERRACE, 3121 MUNDY STREET, 3125 MUNDY STREET, 3147 MUNDY STREET, 3135 MUNDY STREET, 3145 MUNDY STREET, 3153 MUNDY STREET, 3163 MUNDY STREET, 3173 MUNDY STREET, 3449 HIBISCUS ST, 3456 ELIZABETH ST, 3479 HIBISCUS ST, 3452 THOMAS AVE, 3447 WILLIAM AVE, 3481 HIBISCUS ST, 3475 WILLIAM AVE, 3430 THOMAS AVE, 3435 WILLIAM AVE, 3401 WILLIAM AVE, 3440 THOMAS AVE, 3454 ELIZABETH ST, 3460 THOMAS AVE, 3475 HIBISCUS ST, MIAMI, FLORIDA. rRESULT: DISCUSSED Note for the Record: For additional minutes referencing Item Number NA.2, please see "Order of the Day." Chair King: And we have PZ.2. Did you read PZ.2? Unidentified Speaker: PL2. Chair King: I mean PL2. PL2, I'm sorry. It's a long day. It's a long day. Victoria Mendez (City Attorney): For P1.2 is -- Chair King: Is Commissioner Russell. Commissioner Reyes: Who's PI2? Chair King: Commissioner Russell. Commissioner Russell: These are -- Chair King: Let Victoria read it into -- you read it? Commissioner Reyes: Russell? Ms. Mendez: I'll read it now. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 124 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Commissioner Russell: Madam Chair? Chair King: Let me open this up for public comment because 1 didn't have it this morning. If there's anyone here that would like to speak on Pocket Item 2, please come forward. Is there anyone here that would like to speak on pocket item two? Vice Chair Carollo: I would. Commissioner Russell: I can open the discussion. Chair King: Seeing none, public comment is closed. Commissioner Russell. Commissioner Russell: Thank you. Let me translate what Madam City Attorney read into the record. This is my attempt to repair the damage to the West Grove that is being done by the county in their pulling of the rug of the West Grove CRA (Community Redevelopment Agency). They allowed it to die on the vine. After six years of work of this Commission to create that CRA, we even had our first board meeting in the West Grove. They chose not to finalize the CRA, leaving half a billion dollars of future TIF (Tax Increment Funds) in the garbage that could have gone as a reparation to that community fbr affordable housing. So, what I've tried to do over this last few months in office is to repair that with the major assemblages that I know are good stewards of the community that want to come forward with affordable housing and provide them with both zoning and subsidy to move forward with that. That includes Casa Valentina, the former foster youth home that is a recipient of our ARPA (American Rescue Plan Act) funds and is now acquiring land for affordable housing. That would be a zoning for their assemblage. In addition, Christ Episcopal Church, where Thelma Gibson is one of the senior caretakers there, they have an entire block that they're putting forward for affordable housing, but they need up to T- 4, small change. Same thing with Kingsway Apartments, one of the largest assemblages put together by William Weishart back in the '50s, is now up for redevelopment, but it needs a change from T-3 to T-4. So in order to get this through before I leave, I needed to see a PZAB (Planning, Zoning and Appeals Board) meeting in early November so that it can come before this body for consideration in November, December. This is just a direction of the manager to get it in gear so we have a chance. Appreciate your support. Vice Chair Carollo: Look, this is 30 blocks -- Commissioner Russell: Folios, not blocks. Vice Chair Carollo: -- that you're presenting us with and I'd like to at least know the opinion of the neighborhood. I have no idea where people stand on this. I'd like to see some of these properties myself. So I'd like to defer this to the following meeting and make sure it's advertised so that if anybody wants to speak for it, they can come. If there's anybody out there that's got reservations, I want to hear what they are. But this is a lot just to boom, be thrown at us at the end of a meeting. I have no idea, you know, what a lot of this is about, aside of what you stated here. I want to hear from the Administration and their Planning and Zoning how they're putting this together. So -- Commissioner Reyes: This should be advertised. Vice Chair Carollo: Yeah. Commissioner Russell: That's fair. This is the item that we're actually voting on. Commissioner Reyes: (UNINTELLIGIBLE). City of Miami Page 125 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Commissioner Russell: This isn't the item that we're actually voting on. This is in order for me to be able to sponsor the amendments that will come to us in November and December. This is asking the management to prioritize these issues through the process. So this doesn't make a decision on any of these. Vice Chair Carollo: The Manager can do that regardless. Commissioner Russell: They don't. Vice Chair Carollo: They can do it regardless. Commissioner Reyes: Without a vote. Vice Chair Carollo: We need to put this out there. This is just a lot, Ken. I mean, this is Santa Claus in October. Chair King: I think what he's asking for is this pocket item to direct the Manager to create an agenda item that reflects that. Commissioner Russell: That's it. Commissioner Reyes: Okay. Chair King: So we're not voting on it. We're just giving the Manager direction to create an agenda item. Do I have a motion? Commissioner Russell: I move it. Chair King: Second? Commissioner Reyes: For the directive? Chair King: The directive only. Commissioner Reyes: Directive only? Chair King: Yes, for the Manager to start working on creating an item that will go -- come before this Commission, be advertised for the -- Vice Chair Carollo: But the Manager doesn't need that. Commissioner Reyes: He doesn't need that. We don't need a vote on that. Vice Chair Carollo: He could just bring it back. Chair King: He feels that the Manager -- Vice Chair Carollo: He should ask the Manager to do that on your own. Commissioner Russell: I'm taking the extra steps to see that this has a chance to see the light of day before I leave office. Vice Chair Carollo: But you don't have to take any extra steps. Commissioner Russell: But I do. City of Miami Page 126 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Vice Chair Carollo: No, you don't. You want to do it now because you want to grandstand up here, Ken. Commissioner Russell: There's nothing left to grandstand for. Vice Chair Carollo: All you've got to do is let the Manager know that you would like this in the next agenda. It's advertised and we'll deal with it. Commissioner Russell: It has to get to PZAB first. I have to make sure it gets on the first meeting in November -- the first meeting in November, PZAB so it has a chance to see us. Vice Chair Carollo: Just because you are in a rush because you won't be here in January doesn't mean that the rest of us that are going to be here after January have to be in that same train. Commissioner Russell: That's true. Vice Chair Carollo: You know, if it's good, we'll get it done whether you're here or not, you know, and we'll give you a proclamation of thanks, you know, on your last day. I don't want to get pushed into something that I fidly don't understand and have no notion of what I'm voting on. You know, instruct the Manager on your own, you can do that, to put this in the agenda. It could be an item that you sponsor, so everybody can see it, so we can see it next time. Commissioner Reyes: And why don't -- 1 would love for you to have community meetings. You see, that -- Commissioner Russell: We've been working on this for seven years in the community. Commissioner Reyes: But I would like to hear, I mean, bring the community in and what do they think, you see. Because personally, I think that what we are doing now, are we doing by voting yes? I'm imposing something that I do agree with most of the things that you express there, the need for affordable housing, et cetera, et cetera, but I don't know how the rest of the community think about it, and if they approve it. You see, I mean, every time that we're going to do a development of this magnitude, we go back to the community, and we get the community input, and that's the only thing that I want. I want the community input on it. Chair King: So I think we're saying the same thing. We would like the Manager, Mr. Manager, Art, we would like you to work on the legislation to bring forth. Arthur Noriega (City Manager): Yes, we're absolutely committed to that. Chair King: Okay, so -- Commissioner Reyes: That's it. Okay. Commissioner Russell: Thank you. City of Miami Page 127 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 NA.3 12773 City Commission NA.4 12774 Office of the City Attorney DISCUSSION ITEM VICE CHAIR CAROLLO AND COMMISSIONERS PRESENTED A PROCLAMATION AND KEYS TO THE CITY TO AMINO CHI, DIRECTOR-GENERAL OF THE TAIPEI ECONOMIC AND CULTURAL OFFICE IN MIAMI. LRESULT: DISCUSSED Chair King: At this time, we're going to take a short break to do a presentation outside, and the public comment will resume right after the presentation. Vice Chair Carollo: We can begin, Madam Chair, here. Chair King: Okay. Presentations made. Vice Chair Carollo: Now we're going to go to the flag -raising ceremony. Todd B. Hannon (City Clerk): And just for the record, the meeting stands in recess. DISCUSSION ITEM PURSUANT TO FLORIDA STATUTE 376.80(1)(C)(4(B), 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 AM ANNOUNCING THAT AT THE OCTOBER 27, 2022 CITY COMMISSION MEETING, THE CITY COMMISSION MAY OR WILL CONSIDER, A RESOLUTION DESIGNATING THE PROPERTY LOCATED AT 140 AND 142 SW 11TH STREET, MIAMI, FLORIDA 33130 AS A POSSIBLE BROWNFIELD SITE WITHIN THE CITY OF MIAMI FOR THE PURPOSE OF ENVIRONMENTAL REHABILITATION PURSUANT TO FLORIDA STATUTE 376.80. RESULT: DISCUSSED Victoria Mendez (City Attorney): Madam Chair, I have to read a script before you, I'm sorry, I have to read a little script. Chair King: For what? Ms. Mendez: For a brownsfield designation that's coming 10/27. Chair King: The future legislation? Ms. Mendez: No, a brownsfield designation that's coming, but you have to do a script pursuant to Florida Statute, so I just have to read a paragraph. Chair King: Okay. Go right ahead. So, wait a minute. Did we properly dispose of the pocket item because we didn't get a second, but you did get what you want? The Manager is going to. City of Miami Page 128 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 Commissioner Russell: We will in November. Chair King: Okay. Go ahead, Madam City Attorney. Ms. Mendez: Thank you, Madam Chair. Pursuant to Florida Statute 376.81 (c)(4)(b), 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 am announcing that on October 27, 2022 City Commission meeting, the City Commission may or will consider a resolution designating the property located at 140 and 142 Southwest 11 th Street, Miami, Florida, 33130, as a possible brownfield within the City of Miami for purposes of environmental rehabilitation pursuant to Florida Statute 376.80. Commissioner Reyes: Where's that at? Ms. Mendez: 140 and 142 Southwest I th Street. Commissioner Reyes: Southwest 11 th Street is in (INAUDIBLE) District? Vice Chair Carollo: Yes. Yes. And what is this all about? Ms. Mendez: This is a potential -- so on October 27, there is going to be an item brought by a developer that they may want to designate something a brownfield, so we have to do a preliminary notice, like just say it and then the item comes and then you would vote on it. Vice Chair Carollo: And who is the developer? Ms. Mendez: That I do not know. Vice Chair Carollo: Well, there has to be something that's been put before us. Ms. Mendez: Well, on October 27, it'll come before you. Vice Chair Carollo: Who made the request? Ms. Mendez: The developer. Vice Chair Carollo: Then you should have the developer there. Ms. Mendez.: Okay, give me one second. Vice Chair Carollo: You tell me you don't know the developer when you just told me it was the developer. Ms. Mendez: Because we don't put it on. It was a request. It's a request from the developer because they get the increment. Vice Chair Carollo: Then ask the manager. Ask the manager who put it on. Ms. Mendez: The environmental remediation monies from the State. That's why they want to be designated as brownfield. It's one Southside Park. Arthur Noriega (City Manager): It's a project next to Southside Park. Vice Chair Carollo: Okay. Thank you. City of Miami Page 129 Printed on 10/30/2023 City Commission Meeting Minutes October 13, 2022 ADJOURNMENT Commissioner Reyes: Okay. Chair King: We still need to address SR.4. We haven't resolved that. We left it. You wanted to take a look at something. Vice Chair Carollo: Can you tell the distinguished attorney that represents the unknown developer that she should follow protocol and have given us a heads up even if I've been pretty busy the last few weeks so that we know what's coming up? We don't have surprises. Victoria Mendez (City Attorney): I will let him know. The meeting adjourned at 5: 06 p.m. City of Miami Page 130 Printed on 10/30/2023