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HomeMy WebLinkAboutCC 2022-10-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, October 27, 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 27, 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 27th 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 9:01 a.m., recessed at 9:24 a.m., reconvened at 10:08 a.m., recessed at 11:38 a.m., reconvened at 11:41 a.m., recessed at 12:05 p.m., reconvened at 3:31 p.m., and adjourned at 4a8 p.m. Note for the Record: Commissioner Russell entered the Commission chambers at 9:14 a.m., Vice Chair Carollo entered the Commission chambers at 10:08 a.m., Commissioner Reyes entered the Commission chambers at 10:08 a.m., and Commissioner Diaz de la Portilla entered the Commission chambers at 10:13 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez., City Attorney Todd B. Hannon, City Clerk Chair King: Good morning. And welcome to the October 27, 2022, City of Miami Commission in these historic chambers. At this time, I'm going to ask Pastor Hunter to lead us in prayer. And he is from the historic Mount Zion Missionary Baptist Church. And I think that we all agree that this meeting will be frui fkd if we begin with prayer. Pastor Hunter. Reverend Alaric Hunter: Good morning. Let us pray. Invocation delivered. Chair King: Thank you, Pastor. And at this time, Commissioner Reyes, would you lead us in the pledge of allegiance? Pledge of allegiance delivered. Chair King: Thank you. ORDER OF THE DAY Chair King: Madam City Attorney. Victoria Mendez (City Attorney): Thank you, Madam Chair. Detailed information about the processes, order of business, rules of procedure, and scheduling or rescheduling of City Commission meetings can be found in Chapter 2, Article 2 of the City Code. A copy is available online at www.municode.com. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with the City Clerk and comply with 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 the City Commission concerning real property must make the appropriate disclosure required by the City Code in writing. A copy of this Code section is available at the office of the City Clerk or online at www.municode.com. The City of'Miami requires that anyone requesting action by the City Commission must disclose before the hearing any consideration provided or committed to anyone for agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. Any documents City of Miami Page 1 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 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(1) and (g) of the City Code, the agenda and material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at www.miamigov.com. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission unless modified by the Chair. Public comment will begin at approximately. 10:15 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 comments via the online comment form. Please visit www.miamigov.com/meetinginstructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment form have been and will be distributed to elected officials and City Administration throughout the day so that the elected officials may consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to 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 subject to anv and all rules as may be amended. If a proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on the 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 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 accordance 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 considered at this meeting may request it at the Once 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 any PZ items including any applicant, appellant, appellee, City staff and any person qualified by a decision -making body as a qualified intervener, as well as applicants, representatives, and any experts testifying on behalf of the applicant, appellee, or appellant may either physically be present at City Hall to be sworn in by oath or affirmation by the City Clerk, or may appear virtually and make arrangements to be sworn in by oath or affirmation in person at their location by an individual qualified to perform such duty. Pursuant to Emergency Ordinance Number 13903, members of the general public who are not parties to an action pending before the City Commission are not required to be sworn in by oath or affirmation. The members of the City Commission shall disclose any ex parte communications pursuant to Florida Statute 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Ordinance. The order presentation shall be a step forth in Miami 21 and in the City Code. Staff will briefly present each item to be heard. The applicant will present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may, also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have. Please silence anv and all cell phones and other noise -making devices. This meeting can be viewed live on Miami TV, 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: Thank you, Madam City Attorney. Mr. City Clerk, would you read your statement? 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 City of Miami Page 2 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 by me, the City Clerk, immediately after 1 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 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. Mr. Hannon: Thank you, Chair. Good morning, ladies and gentlemen. Good morning, ladies and gentlemen. If you will be speaking on any of today's Planning and Zoning items, Planning and Zoning items, may 1 please have you stand and raise your right hand? The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair King: Thank you. Mr. Manager, do you have any items that need to be pulled, withdrawn, or deferred? Arthur Noriega (City Manager): Good morning, Madam Chairwoman, Commissioners, Madam City Attorney, and Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: CA.4, to be withdrawn; RE.2, to be deferred to the November 17th meeting; RE.4, to be deferred to the November 17th meeting; and SR.3, to be deferred to the 11/17 meeting; and then on the PZ agenda, PZ. 1, to be withdrawn. That concludes the items. Chair King: At this time, I will check with my colleagues. Commissioner? Commissioner Diaz de la Portilla: RE.4, we still have to have some conversations about that, Manager. I know we had them last commission meeting. We've been having him for about, I think, two and a half years now, right, since I got here at least and before. So I want to have an opportunity to sit down and talk to you between now and then and maybe probably, if you want to, we can defer it. Mr. Noriega: Yeah, absolutely. Commissioner Diaz de la Portilla: So I will take RE.4 out of the equation for now. Chair King: It's deferred. Okay. Commissioner Diaz de la Portilla: No, not deferred. Chair King: You want -- City of Miami Page 3 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Commissioner Diaz de la Portilla: Out of the deferral list. Chair King: So that we can hear it -- Commissioner Diaz de la Portilla: Yes. Chair King: -- as a discussion item. Commissioner Diaz de la Portilla: Yes. Chair King: Mr. Manager? Mr. Noriega: No. Chair King: Okay. Commissioner Diaz de la Portilla: And you too, Annie. Chair King: Vice Chair, do you have any items? Vice Chair Carollo: No. Chair King: None. Commissioner Russell? Commissioner Russell: Thank you, Madam Chair. I'd just like to be noted as a co-sponsor for PZ.10, please, on the Lotus House item. Chair King: PZ.10, Lotus House item. Commissioner Diaz de la Portilla: And Madam Chairwoman, it may not be -- is it the appropriate time now to defer some items, PZ items, if we want to also? Chair King: We could. Commissioner Diaz de la Portilla: Okay, I would like to defer PZ.2, 3, and 4. These are the medical marijuana dispensary items, until we have further conversations on this. Ms. Mendez.: PZ.5 is also a medical marijuana item. Chair King: PZ.2, 3, 4, and 5. Commissioner Diaz de la Portilla: 2, 3, 4, and 5, correct. Chair King: Okay. Mr. Hannon: And Commissioner Diaz de la Portilla, to which meeting would you like to defer those items? Commissioner Diaz de la Portilla: We'll play it meeting by meeting, November -- the next meeting, November 17th. Mr. Hannon: Understood. Chair King: Commissioner Reyes? Commissioner Reyes: No, Madam Chair, I'm fine. City of Miami Page 4 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Chair King: Okay. At this tine, we're going to open up the floor -- Mr. Hannon: Chair, is there a motion on the --? Chair King: Oh, may I have a motion? Commissioner Russell: So moved. Commissioner Reyes: Move it. Chair King: Second? Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. PR - PRESENTATIONS AND PROCLAMATIONS PR.1 12817 PROTOCOL ITEM Honoree Presenter Protocol Item Latino Art Beat Mayor Suarez Certificate of Merit Don Rossi Nucci Mayor Suarez Certificate of Merit Miami Symphony Orchestra (MISO) and Conductor Eduardo Marturet Mayor Suarez Certificate of Merit RESULT: PRESENTED 1) Mayor Suarez and Commissioners presented a Certificate of Appreciation to the winners of the 2022 Miami Latino Art Beat Competition winners. They paid tribute to their extraordinary artistic talents and eminent contributions to the elevation of creative expression in South Florida and paused in their official deliberations to honor their participation in this challenging undertaking that celebrates youth and art. 2) Mayor Suarez and Commissioners presented a Certificate of Merit to Mr. Don Rossi Nucci for his continued support in the education of the arts in the City of Miami. He has directed the Latino Art Program for 20 years, awarding scholarships to art students. Elected Officials paused in their deliberations to commend him for his assistance with the Latino Art Beat Awards and for helping students excel with their art studies. 3) Mayor Suarez and Commissioners presented a Certificate of Merit to recognize the Miami Symphony Orchestra (MISO), the Official Symphony Orchestra of the City of Miami. MISO won an Emmy Award for the movie "La Reina del Sur" Season 2 in which MISO recorded the music and soundtrack, conducted by Eduardo Marturet. City of Miami Page 5 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 The award was in the International Emmy Awards 2020 category for Non -English Language US Primetime Program. Elected Officials paused in their deliberations to recognize and salute Miami Symphony Orchestra (MISO), and its distinguished music conductor Eduardo Marturet for their invaluable commitment to music and for elevating the quality of life and love of arts in the City of Miami. Presentations made. PUBLIC COMMENTS FOR ALL ITEM(S) Chair King: At this time, we are going to open the floor for public comment, and let me first advise that you are to speak on what's on the agenda only. Only what is on the agenda, you are welcome to speak on. If it's not on the agenda, we are not having discussion about that. Vice Chair Carollo: Chair, I am going to ask the Administration to bring to the next meeting an item that will limit how many minutes someone can acquire from additional people that might be here. Chair King: Okay. Vice Chair Carollo: I've seen things in past meetings that groups of individuals who don't even live in our city come and they're just there. They've been brought in by someone so that they can stand and give them minutes, and it becomes never-ending meetings and not fair to regular residents that do live in the city and are abiding by our rules and procedures. So I'm going to bring something to the Commission for the next meeting on that. Chair King: Okay. Vice Chair Carollo: Thank you. Chair King: Good morning. Joseph Zahralban: Chairwoman, Joseph Zahralban, Fire Chief Department of Fire and Rescue. If I may request, there's no need for everybody that is making public comment to stand and form a line. You only came from the seats that are here for you. So, if I could ask that we limit it to maybe five people standing at a time, have everybody else wait in their seats, and as these people finish speaking, they can exit and we are allowing one -for -one to come in to give everybody the opportunity to speak. Chair King: We do have a packed house today, which is so wonderful. So yes, well take that recommendation. Five up at a time. For safety purposes, we must listen to our Fire Chief. Commissioner Diaz de la Portilla: There's more than Jive over there, I think. Just sit down and -- Chair King: Good morning, sir. Clifford Mermell: Good morning, Madam Chairman [sic] and Vice Chairman and Commissioners. My name is Clifford Mermell. I'ni a resident of Miami for 59 years, and this is my first time ever complaining about something that has happened in our neighborhood. I'm here with my neighbors, Michael Guey (phonetic), Diana Monaco, and Katerina Aspantelli (phonetic). We all live on East Glencoe Street, and our complaint is that -- we are complaining about the violent destruction of a forest City of Miami Page 6 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 of 68 majestic pine trees that provided a beautiful and natural buffer between our neighborhood and a large, ugly building behind our homes. This destruction of this beautifid forest has destroyed our peace, our privacy, the natural beauty of our -- and the value of our homes. We are asking that the owner of the property be required to plant at least 68 native trees, such as live oaks or patens, to replace and revive the natural buffer that existed between our properties for over 80 years and that induced us to buy our homes. These beautiful pine trees that were violently massacred averaged 150 feet in height and they had been there for 80 years. They were cut down without a permit, without any notice to us, and without any notice to the public, and without any real valid justification. The before and after pictures are very dramatic. Before, from our homes, you would gaze upon a forest and you couldn't even see our neighbors. Now all you can see is a glaring building with a hundred balconies staring directly into our backyards, into our -- our privacy, and destroying our privacy and the value of our homes. By the way -- Chair King: Thank you. Commissioner Russell: Madam Chair. Arthur Noriega (City Manager): Madam Chair. Commissioner Russell: Madam Chair, this item is not on the agenda, but 1'd just like to ask you to meet with my Chief of Staff in the District 2 Office, if you would, and we'll be happy to talk with you about it. Mr. Noriega: Yeah, and I was going to offer my staff as well. We can probably sidebar. Mr. Mermell: This is on the agenda, PZ.6. Commissioner Russell: Oh, I'm sorry. Mr. Mermell: PZ.6, it's relating to PZ. 6. We were informed that the reason for the destruction of this forest was for the building of PZ.6. We have recently learned that the possibility is that PZ.6 is not going where we thought it was going, but then why are they destroying this forest? That 's the whole point. Commissioner Diaz de la Portilla: Can we recommend to a different -- Chair King: If you -- Commissioner Diaz de la Portilla: -- to the District 2 Commissioner? Chair King: If you step to the side and Commissioner Russell's staff persons will speak to you about that, this issue, and the Manager's Office will as well. Mr. Mermell: Okay. Chair King: Thank you. Commissioner Diaz de la Portilla: I don't think -- he's the first time that he comes here, Madam Chairwoman, so maybe you should tell him what that means. Chair King: No, no. Commissioner Russell's staff -- City of Miami Page 7 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Commissioner Diaz de la Portilla: He could talk to Commissioner Russell's staff and to our Manager, and maybe we can defer the item and -- until we figure it out. So, just go over there and set up a meeting. Chair King: Yes. Commissioner Diaz de la Portilla: That guy right there. That's the City Manager right there. Vice Chair Carollo: If I could also ask all of you, if you do not get any satisfaction to this problem, please come back here. Commissioner Reyes: Yeah. Vice Chair Carollo: I'm amazed that someone could cut so many trees -- Commissioner Diaz de la Portilla: Me too. Vice Chair Carollo: -- that size -- Commissioner Reyes: Without any -- Vice Chair Carollo: -- and nobody saw anything from the City. (COMMENTS MADE OFF THE RECORD) Todd B. Hannon (City Clerk): Sorry, sir, if you're going to be making any comments, we need it on the record. Chair King: Right. So just step over there -- Commissioner Diaz de la Portilla: So, just go over there and -- Chair King: -- and -- [Later... J Chair King: Good morning, Mr. Range. Patrick Range: Good morning, Madam Chair, members of the Commission. Patrick Range with offices at 5727 Northwest 17th Avenue. I'm here to address the Commission today on item RE.12, and I first want to thank the City Manager for presenting an opportunity. for myself and a number of other persons who are also here in favor of the Virginia Key Beach Park Trust to have the opportunity to come back before this Commission with a discussion item to further discuss that matter. So, I want to thank him for that opportunity and say on the record that we will be taking him up on that opportunity. As it relates to RE.12, I just want to say kudos to Commissioner Carollo for this item. Not so much that I'm in support of it, but it just demonstrates his passion for parks in his city. This item proposes to award or to reallocate $950,000 in Tree Trust funds previously allocated to the Building Department, giving it over to the Bayfront Park Management Trust. Fantastic. This is the type of energy that we need for Virginia Key Beach Park Trust. So I just want to say, you know, that's great that you get $950,000 going over there. It would be great to get some of that going over to Virginia Key Beach Park, you know, for things that we have going on there. I also just wanted to remind Commissioner Carollo that at the time that the Ultra monies were given out to the Bayfront Park Trust to the tune of a million dollars, when that was transferred from the Virginia City of Miami Page 8 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Key Beach Park Trust, you promised on the record that you would find some monies to replace those monies that were designated for Virginia Key Peach Park Trust, and the community is still waiting for you to hold good on that promise. You all did not address any of my comments or concerns at the last Commission meeting, and as I told you, we will be here. We're going to see this thing through, and we're determined to do that, and we'11 look forward to being back before you for further discussion. We just say that this is wrong. You have the right to go back and correct your wrong and reinstate this trust and have us work with you because we know -- Chair King: Thank you. Mr. Range: -- it's you that have been the reason that this has not moved forward. Chair King: Thank you. (COMMENTS MADE OFF RECORD) Vice Chair Carollo: Madam Chair? Chair King: Please don't make any outbursts. I don't want to have to clear the room because I'd like to hear from everyone. So please do not make any outbursts and please keep your comments to what is on the agenda. Mr. Range, your time is up. Mr. Range: Oh, I thought Commissioner -- Chair King: No, we're not -- we're not doing that. Good morning, Mr. Jones. How are von today? Leroy Jones: I'm fine, Madam Chair. Good morning, and to you all, Commissioners, I am Leroy Jones, the lead organizer for the Circle of Brotherhood, address 5120 N. 24th Ave. I'm here in support of restoring the Virginia Key Beach Trust. First, I'm here -- Chair King: Mr. Jones, that is not -- that is not -- Mr. Jones: -- (UNINTELLIGIBLE) PH (Public Hearing) item 5. PH item 5. Chair King.: Yes. Mr. Jones: PH item 5. Chair King: Yes. I am in support of that and sponsoring it. Mr. Jones: Hold on. Hold on. This what it says, it says to not to exceed a million dollars. Now, the Mayor of Miami called us here, said that he was awarding the Circle of Brotherhood some funding because of the work that we 've been doing in the community. When we got here, he unveiled a check for a million dollars. It was all on his social media, it was all in the newspaper. In fact, even to this day, people still think we got this money. They think we got the money. Now I get -- we get an email from the Budget Office saying it's $250, 000. You know, one time a commissioner called me ungrateful because I had the audacity to ask for a little more money. I was ungrateful because I wanted a little more money to serve my community. I was ungrateful. So maybe you might call me ungrateful again today. The Mayor promised us a million dollars. We want a million dollars. We're not taking $250,000. So if $250, 000 is on the agenda . for us to take it, we don't want it. We are not going to take less than what we are worth anymore in the black community. We're not taking 200 -- the Budget Department sent me an email saying City of Miami Page 9 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 it's not a million dollars anymore, it's $250,000. We don't want your $250,000. We're not trading anything for $250,000. We're not trading who we are, the brotherhood. You know what? We ain 't bowing down. Chair King: Thank you. Thank you. Mr. Jones: We are not -- thank you. Chair King: Thank you. Applause. Commissioner Reyes: He's right. Chair King: I have asked that you do not disrespect the protocol of the chamber. If you clap again, I will clear the chambers because that is the protocol. Unidentified Speaker: Wow. Chair King: Yes, wow. You are here. Please be respectful of the rules of this chamber. If you don't want me to clear the chamber, please be respectful of the protocol of the chamber. Thank you. Commissioner Reyes, you wanted to say -- don't want to keep interrupting them. Commissioner Reyes: No, the only thing that 1 wanted to do, I want to, the gentleman is right. During the press conference, he was promised a million dollars. I was there, you see, and we have to keep our promises. You see, and I'm just -- the only thing -- Chair King: We have to speak to the Mayor about that. Commissioner Reyes: Absolutely, and what I believe is that they made it, the statement is clear, we are not going to accept $250,000. I believe that we should defer this until it is clarified that a million dollars is what was promised and a million dollars is what they will receive. Mr. Jones: And I want to say, Commissioner, it's no trade-off. We still stand where we stand (INAUDIBLE). Commissioner Reyes: Yes, sir, sir, sir, I'm sorry. Let me, let me -- Chair King: Thank you. Ma'am, good morning. Rose Fountain: Good morning to the community. My name is Rose Fountain and I live in Coconut Grove Village West. Coconut Grove and Coconut Grove Village West is important in my life. So, I'm here because of the -- I'm here because of the African American Heritage Trust. Yeah, I could talk a lot about the minority communities. I could talk about the island aspect. Chair King: Madam, what item are you speaking on for the agenda? Ms. Fountain: Well, I haven't actually looked at the agenda, but I'm here for the African American Trust. Chair King: It's not on the agenda. You're free to speak on anything that's on the agenda, but that's not on the agenda. City of Miami Page 10 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Ms. Fountain: Okay, well can 1 voice my opinion on the zoning of what is occurring with that? Chair King: There's no item that's occurring for that on this agenda. Ms. Fountain: Okay. Are we talking Planning and Zoning? Are we talking trust? What are we talking? Chair King: Any -- any item. Ms. Fountain: Nothing is on the agenda? Chair King: Not for what you're speaking on. Not for what you're speaking on. Not today. It was on the past two agendas. Ms. Fountain: This would come under Planning and Zoning. Chair King: No, but it's not a Planning and Zoning item. It has to be an item that's before this body right now, and it's not. Ms. Fountain: Okay, well that, I don't understand why we cannot speak on this topic. Chair King: Because it's not on the -- I'm going to have -- I'm going to have someone from staff -- Commissioner Russell: My office can. Ms. Fountain: Thank you. Chair King: -- speak to you about that -- Ms. Fountain: That's what I need. Chair King: Yes. Okay. Thank you. Mr. Manager, can you? Good morning, sir. Morton Ehrlich: Good morning, I wish to speak on Ordinance 12215, in support. My name is Morton Ehrlich. I reside at 1000 Venetian, and I'm president of our condo association. At 1000 Venetian, we are regularly abused by the uncontrolled noise from Jungle Island that has absolutely devastated our quality of life on an ongoing basis. We've made hundreds of calls to the appropriate authorities, only to be told that the City -leased Watson Island property was noise control exempt. But we 're just one q f so many other properties around the city experiencing exactly the same abuse. Can you imagine how you would react if you lived near one of these noise control exempt properties? Just think about that. And you know that Key Biscayne, North Miami, and Miami Beach don't have an existing noise exemption on City -leased land. So why in the world must we in Miami? This is where we live. This is our home. Your unanimous support on the first reading of Ordinance 12215 makes it obvious that you recognize that our city has changed since the existing Chapter 36 Noise Ordinance was first written into the law. I did some research on this and I believe it was 1967. That's 55 years ago. And as time passes, the disruption of an established quality of life for so many more people is quite serious, is rapidly deteriorating, and must be addressed. Well, here again, given your unanimous vote at the first reading of 12215, you also recognize that as our population shifts, especially in our urban cores, Miami would be in sync with our surrounding community, as well as with our collective re-evaluation of our ever -evolving quality of life. I urge each of you to vote yes to approve Ordinance 12215. Thank you. City of Miami Page 11 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Chair King: Thank you. Mr. Channer, welcome to the City of Miami. Barron Charmer: Thank you, Chair. Barron Channer. Clearly, the Chair is aware of who I am. Commissioners, pleasure to he before you. Thank you for the opportunity. I'm here to speak on item RE.12. I also happen to be a supporter of the Restore Virginia Key Beach Trust campaign. Commissioner Carollo, I applaud you on this item. I applaud you on this item. I've on many occasions disagreed with items that you have brought to fore, but I've never questioned the commitment and love you had for Miami and I have admired and at times envied the extent to which you represented your culture, Cuban American culture, while embracing all of Miami. As a Jamaican -American that was embraced by black Miami, I've often looked to do the same and represent the same, certainly not as ably as you. And that's part of the reason why I'm here to support this item, because in my disappointment in regards to what 1, as a Black man, believe to be betrayal by -- of the Black community in regards to what was done with the Virginia Key Beach Trust, I am here to support what you are doing, because it's important for me as a citizen of this State, as a resident of this community, as a businessman operating in Miami, to look to have our culture represented. Black culture is not looking to replace any other culture. We are simply looking to have our culture embraced -- Chair King: Thank you. Thank you. Mr. Channer: I'll see you again next meeting. Chair King: Good morning. How are you? Debora Arditi: Hi, my name is Debora Arditi and I also reside in 1000 Venetian Way. The number is 12215. And I'm not going to speak, I'm just going to show you a recording that I did on Tuesday at 11:00 p.m. So I'm going to play it over and over during the two minutes and just ask you how would you feel if this is what you hear six times -- not six, five times a week in your bedroom. So (INAUDIBLE) -- Audiovisual presentation made. Mr. Arditi: So I hope that when you vote, you keep this music in your minds and ask yourself if this is fair. Because people can have fun and not make other people absolutely miserable. Thank you very much. Chair King: Thank you. Good morning. Amy Clement.: Good morning. My name is Amy Clement and I'm a professor of atmospheric science at the University of Miami, vice chair of the City of Miami's Climate Resilience Committee and resident of Coconut Grove. I'd like to ask for your support for Resolution 9. This resolution comes front the Climate Resilience Committee with support from the chair of the Miami Forever Bond Oversight Board. This resolution would have the City Manager adopt a policy to consider multiple benefits in the design of stormwater management and flood mitigation. Stormwater infrastructure is an opportunity for our city to -- in preparation for litture climate hazards to be a leader. Instead of focusing solely on a single problem to solve stormwater, the City could address heat mitigation, heat and stormwater monitoring, greenhouse gas reduction, and future mobility all in one project, all of which would benefit the people that live here. This policy would affirm the City's commitment to being an innovative leader on climate resilience, and it would make our city more competitive for billions of federal dollars that are available to prepare for cities for ongoing and corning effects of climate change. I'll be available later when the item COWS up if you need any more information. Thank you for your time. City of Miami Page 12 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Chair King: Thank you. Good morning. Kenneth Gordon: Good morning, Madam Chair, Commissioners. My name is Ken Gordon. I live at 950 North Venetian Drive. I've lived there for almost 30 years. I'm also president of the Venetian Way Neighborhood Alliance, which represents the residents on six islands of the Venetian Causeway. As you know, the Venetian Causeway is listed in the National Register of Historic Places in 1989 and remain -- keeps that status. I was going to originally speak of the horrors that we have experienced from our neighborhood -- our neighborhood attraction. However, I thought this morning 1 would kind of change that around and just simply speak to the good. We appreciate your support on first reading, unanimous support. We ask you for unanimous support of the same ordinance again today. 1 think you heard the music. The music speaks louder than words and believe me, I can hear that in my home also. Thank you. Chair King: Thank you. Good morning. Marva Lightbourne: Good morning. My name is Marva Lightbourne. My address is 5561 Northwest 7th Court in the beautiful City of Miami. And to my great ancestors, one of the incorporators for the City of Miami in 19 -- 1896, A.C. Lightbourne. I'm speaking because his spirit told me to come and speak out, especially on Virginia Key. 1 don't know, 1 want to be in order. Now, are we talking about that now? Chair King: No, we're not, Madam. Ms. Lightbourne: We're going to be talking about it later? Chair King: Not later, not in this meeting. It may come up as a discussion item in another meeting, but it will not be -- we are not discussing it at this meeting today. Ms. Lightbourne: Okay, because I just want to iterate that people are very upset in the Liberty City. I belong to several organizations, Homeowners Association, AARP (American Association of Retired Persons), and the people want to know what is happening, and they are not pleased with this. And Commissioner King, they love you dearly and I heard the word quote that I'm sure you did "recall." Okay, I'm not for that but I'm just saying we need to have justice for this. This is not right for us. Chair King: You know, I have made a couple of statements. I'll address it since you said -- I've made a couple of statements about it. I chose to stay silent until all of it settled. The Mayor didn't veto the items. So it's done now. I think there's some misinformation that has been disseminated to the community. We did go and speak to the seniors at Hadley Park and they do understand. And I will continue to disseminate the facts because I don't need anyone to be on my side, I just want everyone to have the facts of what's going on and at some point, when it's all said and done, I'd ask what is most important, getting the project done or fighting about who's getting it done? So we can talk about that later. I'm open to discussion for it. I saw Teri Williams. I saw Teri Williams here, who is the president of One United Bank, the only Black bank in Miami, and I would ask her to help fund the project, put her money where her mouth is, because, you know, someone got up and said, we 're going to need this amount of money and we're going to need that amount of money. And the fact of the matter is it has been 18 years since the voters of Miami voted for this project and nothing has been done toward getting that historic museum built. And it is my intention to move that along. So I welcome the dialogue later, but it's not on the agenda before us today. And I'll see you again soon. Ms. Lightbourne: All right. Thank you very much for clarifying that up. City of Miami Page 13 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Chair King: You're welcome. Thank you. Good morning. Merline Barton: Good morning, Madam Chair, Commissioners, good morning. I'm here today to humbly ask your support ,for PH.6. Commissioner Russell, thank you for this item. This initiative is with a partnership with Congresswoman Frederica Wilson's vision for a Bahamian arts and cultural center. Chair King: Ms. Williams, where are you going? (COMMENTS MADE OFF RECORD) Chair King: Okay. Okay. Go ahead. Ms. Barton: Where was 1? This will be a signature welcome and entrance to the south end of the North Grove target area. The bottom line is that this project will provide 28 units of housing for our -- your funding will support 28 units of housing for our community residents. It will also -- I kind of got rattled when you stopped me there, but the availability of housing is crucial for our community. So I'm asking your unanimous support for this item. Again, thank you, Commissioner Russell, for -- continue? Okay. So I just wanted to ask your unanimous support for this item. It is crucial for our West Grove residents to have a place called home. A long time coming. Thank you. Todd B. Hannon (City Clerk): Chair, if could just have the speaker's name for the record. Chair King: Thank you. Mr. Hannon: Ma'am? Just your name for the record. Ms. Barton: Oh, Merline Barton, Thelma Gibson Health Initiative, 3640 Grand Avenue. Mr. Hannon: Thank you, ma'am. Ms. Barton: Okay. Chair King: Good morning, sir. James Valsaint: Good morning, my name is James Valsaint signed up to speak on agenda item 12 but I'm here to speak on the way y 'all been doing these boards which is kind of crazy, the Virginia Key Trust Board the way it was completed. Chair King: Sir. Mr. Valsaint: Please don't interrupt me when I'm speaking you're very rude. Chair King: Good morning, Mr. Gordon Knowles. How are you today? Gordon Eric Knowles: Commissioner King, I am wonderful. Chair King: And how is the chamber? Mr. Knowles: Chamber is doing great, thank you. Chair King: Good to see you. City of Miami Page 14 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Mr. Knowles: Good to see you. I'm here to speak on three items, RE.12, and 1 want to thank Commissioner Carollo for his insight and foresight to do what is right for our community. The next item that I will speak out about is PH.5, and 1 support my brother Leroy Jones. I am a member of the Circle of Brotherhood, and we will not stand and accept $250,000, as Commissioner Reyes said, the Brotherhood was promised a million dollars by the Mayor. The last thing that I'll speak on is PH.6. I started my career in Coconut Grove when it was a thriving black community. When there was, as we called it -- I worked for the Coconut Grove Local Development Corporation, that's how I honed my career, and we called the hole in the doughnut, the doughnut being the outside and the rest of the Grove. And the devastation that has taken place, the gentrification, and everything that continues to take place, you ride along Grand Avenue and you see the devastation, all the buildings that have been torn down. You see the multimillion dollar homes being built, and black community being displaced. I ask that you support this item. Thank you. Chair King: Thank you. Good morning. Pedro Milian: Good morning. My name is Pedro Milian, Jr. I reside at 8430 Southwest 155th Terrace and I'm here on item RE. 10, the naming of a street after my late father. I want to thank Commissioner Reyes for sponsoring this, Commissioner Russell for co -sponsoring it, and to the entire Miami Commission and staff, thank you very much for this opportunity. My family and 1 want to thank the Commission for consideration in memorializing Southwest 25th Street for my late father, Pedro Milian. Our family considers this not just an honor for my father; but for our generation of citizens who are grateful for a country and a community that embraced them during some very challenging times in our world. My father was a very proud Miamian and American. From his early days as an entrepreneur to becoming a sports broadcaster, his passion for the cause of freedom, his love of family and countless friends, my father left his mark in our community. If he were here today, he would be humbled by this kind gesture, but only accept it as representing the hard work, sacrifice, and love of community by so many, who have called Miami home. Thank you for this great honor. Chair King: Thank you. [Later...] James Torres: Good morning, Chairwoman. Chair King: Good morning. Mr. Torres: Commissioners, James Torres, President of the DNA (Downtown Neighbors Alliance) at 253 Northeast 2nd Street, Downtown Miami. We'd like to discuss briefly RE.4 and FR.3, which is the scooter program. We're kindly asking to echo the words of Alex de Portilla [sic] at the time to scrap the RFP (Request for Proposals) program and to start back from zero, if that's possible. I know that's been debated for the last two years. If the pilot program is to continue, again, to limit the number of scooters throughout the district, which is impeded worse than any of the other districts. The next item is SR.2 as it relates to the noise ordinance. We, the DNA, had to walk a fine line with this because it's important as it relates to the residents as well as businesses as well, but the overwhelming response has been community comes first. So we kindly ask that we move forward with SR.2, the noise ordinance, because I'm sure the Chief of Police is tired of receiving the phone calls, the Code Enforcement as well. We do know that there's a growing population throughout the district. We did reach out to the Venetian Causeway. They reached out to us as well to kind of put something together and we've gained a lot of traction, but now we need the definitive support of the commissioners to get a unanimous City of Miami Page 15 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 position to support this item. Thank you very much. And you're all invited to the Halloween party in Downtown Miami. Don 't forget. Thank you. Happy Halloween. Chair King: Thank you. Good morning. Albert Gomez: Good morning, Commissioners and staff. My name is Albert Gomez, 3566 Vista Court. I'm in support of several items here. PH.6, the Thelma Gibson Initiative. We have a living legend walking up to the podium right now. We need to honor her in any way possible. Applause. Mr. Gomez: Absolutely. She's done so much for the diaspora, Bahamian diaspora, down here, and she is our founding grandmother. PH.7, St. Paul, another strong institution, helping the Bahamas recover. They worked hand -in -hand with our organization, and really they just went beyond the call. We need to support these groups. RE.9, Amy Clement brought this comment up. This is a huge cash windfall for the City if we pass this item. Right now the Army Corps is having discussions on nature -based solutions and having a eharrette on November 14th around nature - based solutions. We're -- Miami -Dade County fought for this. The City of Miami aligned with this. We should pass this with flying colors right now. It will open up a windfall of money for the city. Tree Trust Fund. Commissioner Carollo. This is how you honor Maurice Ferre, thank you so much. This is really stepping up and I really appreciate it for his legacy, for his family. I don't think any of his family is here. They honor you for these types of initiatives. Please bring more of them. Vice Chair Carollo: Can I (INAUDIBLE)? At the end of November, every Miami resident should go to Maurice Ferre Park because you're going to find the most beautiful garden, over two long city blocks by 60 feet wide, of the most beautiful sculpture garden anywhere in South Florida. If I may quote Maurice Ferre, that when I was a very young commissioner, learning from him as mayor, he would talk about Tivoli Gardens up in Europe. Well, we're going to have our own Tivoli Gardens here in Miami, and it's well on its way. We have it maybe 85 percent finished now with all the plants. I think we bought half of Homestead and the Redlands. Thousands upon thousands of bushes, just one truckload alone of flowers to plant. It's over 6,000, hundreds of trees, and it's going to be something that every Miamian can enjoy, bring their families. You should see all the butterflies that are there now, and from hummingbirds to every kind of bird that's there. So, please, at the end of November, when it's finally going to be finished, please come and see it, because it will be your garden. Maurice Ferre Park and Bayfront Park are the central parks of Miami. They're your central park. Mr. Gomez: Thank you so much again. Again, and then, you know -- can I finish my quick statements? Okay, micro -mobility is here to stay. FR.3 is -- let's support it. The BC.4, you have youth membership coming up on the boards. We've assembled a bunch of youth groups that are willing to step up and put members forward for these youth memberships on boards. I'd like to work with all of you to really see if we can place some youth members now, quickly. We need that representation on boards. And then the PZ.1, it's another opportunity. So please support it. Chair King: Thank you. Mr. Gomez: Thank you. Chair King: Thank you. Thank you. No, thank you. Mr. Gomez: SR 4. City of Miami Page 16 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Chair King: Thank you. Mr. Gomez: Please. Chair King: Good morning, Ms. Gibson. Thelma Gibson: Let me say good morning. I'm Thelma Anderson Gibson from 3661 Franklin Avenue in Coconut Grove. And I'm here this morning to speak about the resolution that's on the agenda by our Commissioner Russell, for our community to get some of the Little Bahamas community. But let me say good morning to the residents as well. And I want everybody here to know that it was Merline Barton founded the Thelrna Gibson Health Initiative 22 years ago. And when I heard our Commissioner say he had money that he wanted to come into our community, 1 said oh my goodness I'd better talk to somebody. So I called his staff and I said, you know, we are so grateful. First they named us the name of Little Bahamas a couple of months ago, and then they passed some other things in our favor, and I'm here because I want to thank our City Manager, our Commissioners, our City Clerk and his staff and all the people who looked at this resolution and gave their approval. But you know, I always say that we can't ever want everything, so we have to look out for the churches in our community. And I like for everybody to know that I always talk about the first three churches in Coconut Grove founded by Black people. We were colored back then. Macedonia Baptist Church was the first church, and that's been back in 18. And it just happens that my grandmother's sister was married to the first minister of that church. And so 1 like to talk about that. And then St. Paul AME Church was the second church, we'll call it, that was born and founded on Charles Avenue, in the 3300 block of Charles Avenue. Where Mr. Armbrister's house stands today is where St. Paul's Church was, and their parsonage was next to it, next to the Banyan House. And then in 1901, Christ's Episcopal Church was founded on Charles Avenue, in the 3300 block of Charles Avenue. It's so amazing because then, back then, it was called Evangelist Street, and so many people don't know about that history. And this is why I like to be able to take my time and not hold up the line so long and not be -- try to be the first one to speak, because I like to tell a little bit of the history so that people understand why it is that we need the money. And we're so happy that you're thinking about Little Bahamas in the way that you are with giving this money. And so when I heard this, I said, well you know you got to give St. Paul and Macedonia and Christ Church along with the Thelma Gibson Health Initiative. I think everybody knows that Thelma Gibson Health Initiative, in the 22 years, I did not found it. As I said, Ms. Barton and Ms. Sherry found it. They wanted to clean up the streets of Grand Avenue with drug addicts walking all down the street. And they were able to do that. And you know, I get credit for all this, but I wasn't out there doing it. I just try to stay in the background and listen to the phone calls and try to answer questions for everybody. But I'm just so proud that you are willing to support this item this morning because its important to our community. St. Paul has really been working on the houses that they have and having them more affordable and getting them fixed up and do more housing for our people. The Health Initiative wants to do a complex on Grand Avenue where, as all of you know, our commissioner -- our congresswoman, she doesn't even represent this area, but Frederica Wilson, Congresswoman Wilson, has given us money to do a museum in memory of her grandmother, and who came here from the Bahamas. And we're going to have that museum in this complex, along with some housing, to house the people in Coconut Grove that need it. We need to think about other churches, like the Believers of Christ, that always wants to feel that urban lead because they're coming in. When we heard from your staff that there were 20 percent of the vacant land in Coconut Grove belonged to the churches, is when we felt that the churches had been doing something. And this is why. And the Health Initiative wants to be one of the leaders in doing this. And so I'm only here to City of Miami Page 17 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 say thank you. Everybody who has helped to get this passed, Mr. City Manager and everybody else, 1 want you to know how grateful we are. And this community has apparently accepted the fact, because we didn't have anybody here opposing us this morning. You know, the miracle is I like to hear both sides before I say anything. So, Mr. Mayor, my Commissioner, commissioners, my new manager, Commissioner Di Portillo [sic], who's not here, I want you to know, too. I know you're listening in your office, so I just want you to know that we are so grateful that you are thinking in terms of letting us have this money. Chair King: Thank you. Ms. Gibson: It's to go to Thelma Gibson Health Initiative, St. Paul AME Church, and hopefully Macedonia and Christ Church will get some good portions along the way. Thank you so much (INAUDIBLE). Chair King: Thank you. [Later...] Chair King: Ms. Williams. Teri Williams: I'm Teri Williams. I'm president and owner of One United Bank, 3275 Northwest 79th Street, and over 50 percent of our employees are actually residents of the City of Miami. 1 don't think my name is actually on the agenda for today, so I was actually surprised to hear it, but I'm here to follow the rules and speak about RE.12.1'm here to bring to light that there's been or there will $950, 000 in funds that are being provided to other communities, I think probably for good reasons. Yet, the Virginia Key Beach Trust was questioned about its $600,000 budget and the Trust was disbanded. I would like to continue to advocate for the Virginia Key Beach Trust, and I also want to (INAUDIBLE) -- (COMMENTS MADE OFF RECORD) Commissioner Russell: Microphone. (COMMENTS MADE OFF THE RECORD) Chair King: Please stay on the item that you are here to support. We are not speaking about Virginia Key today. And as I said earlier, because you are a very well -respected member of the community. You are the president of the only Black bank in Miami. If you feel so passionately, please meet with us, and share some of the wealth from the bank so we could get the project moving and have the museum on Virginia Key. So if you'd like to continue to speak on that item, for the trees, you're welcome. If you're going to slide over to Virginia Key, please step aside. Ms. Williams: Hello? Okay. So, I just want to finish because I am speaking on the item of RE.12, and I want to talk about the importance of supporting communities. Yes, One United Bank is the largest Black -owned bank, and representation matters. So this particular item is being represented well. Our community, is not. And that's what I'm here to say. Thank you. Chair King: Thank you. Vice Chair Carollo: Madam Chair, (INAUDIBLE). Look, the $950,000 that's in RE.12. First of all, I want to be clear, it's not even going to the district that I represent. It's going to District 2. However, these two parks, Bayfr'ont Park and Maurice Ferre Park, are the two central parks for every Miami resident, from every City of Miami Page 18 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 district. This is like New York's Central Park. Furthermore, these funds are not coming from the general fund from taxes that we derive from any of our properties. These funds are either for people that had to mitigate on tree planting or fines that they received for cutting trees without permit, et cetera, and can only be used, only be used for buying trees, landscaping, et cetera. So I appreciate what some are trying to do, but you're not comparing apples to apples, oranges to oranges. This has nothing to do with any of the other issues that some are trying to mix into this. Thank you. Chair King: Good morning, Ms. Taylor. Carole Ann Taylor: Good morning. My name is Carole Ann Taylor. I reside at 1717 North Bayshore Drive, Miami. I'm here to speak on RE.12. As a former board member of the Bayfront Park Trust and as a former special assistant to Mayor Maurice Ferre, I am here to speak about the funding that is being dispersed jro Bayfront Park. And I must, I must compare it to what is happening to the Black people of Miami and Virginia Key Beach. I rust say that I have stood in front of this board for many times. I've also sat behind the board. I understand that things have to be done in certain ways. I ask that you would please, when you consider the downtown parks, consider what is happening and how we are being treated as Black Americans in this city as a result of what's happening in Virginia Key. Thank you very much. Chair King: Good morning. Theophilus Williams: Good morning. Theophilus Williams, 1391 Northwest 95th Street. And I see that I keep saying that we're being left out on funding, but when I'm listening to everybody to the left, their committee give them what they want, and our committee can't. If the mayor is going to make a promise to this community about giving them a million dollars, but when I look at the TV and after you all voted 4-1, y 'all gave Camillus House $2 million, so now y 'all giving us the crumbs of $250, 000. That's not right. So if we're going to do it that way, then just let's treat everybody fairly. Don't come and get one -- one ain't better than the other. If you're going to give one $2 million, then give the other one some. We deserve it. This community deserves what they want, and like I said, we're being left out. So the problem is right now, the mayor should have been here. He lead this city. He should be here explaining it to us. It's a broken communication. And if you're loyal, you should be loyal to the Black community. And your vote, what you said, tell him to stand by his word. Chair King: Good morning. Christopher Boykin: Good morning, Chairwoman and Commissioners. I'm Christopher Boykin, the Executive Director of Pelican Harbor Seabird Station, located at 1279 Northeast 79th Street Causeway. Thank you so much for approving our covenant release for our new property last month. I'm here asking for your support of P&Z (Planning and Zoning) items 7 and 8 today for our new property at 399 Northeast 82nd Terrace. Pelican Harbor Seabird Station is Miami's native wildlife hospital. We've treated more than 39,000 patients from small hummingbirds to bald eagles, over 9,000 brown pelicans and 500 screech owls like Mowgli, the screech owl that you met the last two months. We've outgrown our current home that was created for one species 40 years ago and we need to expand and so we're asking for your support of this rezoning of our 2.6 acre property. If approved, our new operations will allow us to provide a state-of-the-art wildlife hospital, a nature center for the community and the public, a nature park, and a manatee viewing location open every day of the year from 9:00 to 5:00 free of charge. It will be a City of Miami Page 19 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 tremendous asset to our magic city of Miami and to the wildlife that we treat. Thank you so much for your support and consideration. Chair King: Thank you. Good morning. Renita Holmes: Good morning, all. All is well. It is great to see the community come out, but unfortunately the item is not allowed. I am here to request that you just listen to as much as possible, particularly because the large amount of public housing funds in the budget, not having the ability to speak as a citizen or a taxpayer on the expenditure because the general rules and the general pattern and trend of expending public housing funds, particularly in Black communities or communities of color with poor, decent, disabled folks, is to not have that discussion at final about how much it is, (UNINTELLIGIBLE) we keep up with the numbers. I follow the money. So we have public items here, 1 through 7, and I don't know exactly what was the competitiveness requirement, because I came up in an age where public housing monies were there for those who were sick and the poor and the elderly and disabled. And through Madam Chair, to the attorney, the question lies to me, as a person who is more qualified and a taxpayer more qualified, I need that money. And I need the pattern and trend to change of how we expenditure Black monies and Black economic dollars in Black communities, because that pattern and trend talks about unfairness. And this is not a legal place, but we want to be fair. So if I saw fairness, through Madam Chair, is it fair to say that we are expending public housing, senior elders' monies to specific groups without competitiveness, without sunshine, without going according to the compliance (UNINTELLIGIBLE)? Once I know where 12 million went that was recovered from public housing monies and given, then 1 will trust anybody and everybody that tells the truth. So 1 'm asking you, please, and particularly as those members who have those district commissions that have them, because I don't threaten legality, that's why I ask you, to the attorney, where do we find the recovered monies in the budget and where do we find the competitive compliance within PH1 and PH6? I beg you to check, because nobody wants to do legal work. Maybe if I had your salary, I would, but when I grow up, thank you so kindly. Chair King: Thank you. Good morning. Luis Revuelta: Good morning. Luis Revuelta, I'm an architect, 2950 Southwest 27th Avenue. I'm here to speak in favor of item PZ.9. Twelve years ago, our firm was invited along with another four or five firms to work on the development of Miami 21. There were things that we were concerned about and we were told that there were tweaks that had to happen. I think finally that has come to fruition, at least some of them, thanks to the Planning Department. I'm in favor of the way of measuring the building length in square footage. It goes right in line with the way you measure right now, floor lot ratio, and I would like to request also that careful attention is paid to the mezzanine on the upper level that will not exceed the building -- absolute building height in feet, but it would allow for the same sequence and rhythm that the buildings have according to Miami 21 of 14 feet, 14 feet, 14 feet, but the mezzanine is also 14 feet, so instead of 25 feet, we would like to request that that measurement is changed from 3 feet to 28 feet. So I think there were other issues that were requested by Commissioner Reyes, and we are also in favor of that. Thank you and have a good day. Chair King: Thank you. Good morning. Branden Jones: Good morning. Good morning to everyone who 's here today. My name is Branden Jones, 2242 Northwest 93rd Terrace. And I stand with the Circle of Brotherhood, in our community, as I have been an eyewitness of watching an organization take a dead man and woman and bring them back from the grave. And City of Miami Page 20 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 so I stand with all those who support the one million dollars that was given to the Circle of Brotherhood, that if the work is going to continue, that they need these funds. And so I thank you all for your support. I would also like to offer this suggestion to all those who are any leadership capacity, to clergy, to my fellow citizens of this great city, that we learn how to stand for what is right, regardless of who's committing wrong. I would like to say, Madam Chair, I thank you for your leadership. I also recognize that if we are going to make rules for any individual, that all of us are capable to keep the same rules that we make for ourselves. And so I acknowledge that as we have been taught today not to cheer, when there are certain items, cheer is allowed. I've also noticed that there are certain items that we have been allowed not to speak on. But if we're going to make that plea for one person, no matter who's committing the wrong or what seat we're sitting in, we must lead by examples as leaders. And so I thank you for listening to that and I hope that we continue to do what is right. Thank you. Chair King: Thank you. Good morning. Ibis Egozi: Good morning. Hi, good morning, Commissioners. Can you hear me? Chair King: Yes, I can. Ms. Egozi: Hi. So, I'm here to talk about -- with you about the removal of the noise ordinance, future legislation FR.4, 12215. Two of my neighbors have been here a little bit earlier. You've heard from them. 1 would like to read an email that my husband sent out to all of you and to Mayor Suarez back in September. Okay, I know you've heard this a million times, but there is a point here to be made. So, as residents of the Venetian Causeway, we have been directly impacted by tenants of the city repeatedly abusing the noise ordinance exemptions, namely Joia Beach and the Deck, both located on Watson Island. For the last two years, we've made numerous calls to report the issue to 9-1-1, to our neighbor's police officer [sic], to Commissioner Russell's office. We've sent emails, including videos and sound recordings to show how the noise affects us directly. There is no reason for venues that lease land from the city to be governed by different rules than everyone else. Moreover, such businesses should not base their business model against the primary interest of the public they lease the land from. For businesses operating under these conditions, it's a tremendous competitive disadvantage -- advantage. To operate under these exemptions over those that need to operate under stricter and enforceable rules that are designed to limit noise pollution and allow residents to sleep at night. So I'm here to please ask of you to take this into consideration. It's not just our quality of life, but it's a very unjust way of conducting business, that this city -leased land get a different treatment than others that can -- where noise can be enforced. Chair King: Thank you. Ms. Egozi: Thank you. Chair King: Good morning. Andrea Pratt: Good morning. My name is Andrea Pratt -- Todd B. Hannon (City Clerk): Ma'am, can you pull the speaker closer? Ms. Pratt: Good morning. My name is Andrea Pratt. I am the second eldest granddaughter from Margaret Jane Thompson Mackey, who owned the Seafood Cafe -- thank you -- one of the, first Bahamian restaurants located at 4th Avenue and 17th Street, located in Overtown. My grandmother cooked fantastic Bahamian dishes City of Miami Page 21 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 that was enjoyed by Bahamians, Americans, and tourists. My grandmother was a God-fearing woman who taught her family to treat people with dignity and respect. She also taught her children and grandchildren business sense in dealing with the public. I want to thank Mayor Francis Suarez of Miami and all of the Commissioners for supporting the loyal decision to name 4th Avenue after a woman who served and helped people in her community. May God also bless your decision for her 41 years in business. My grandmother's motto was, "You tried the rest, now try the best." Thank you. Chair King: Thank you. Good morning. Iris Escarra: Good morning everyone. Iris Escarra, with offices at 333 Southeast 2nd Avenue. I'm here to speak on behalf of PZ.9. PZ.9 is a series of text changes to Miami 21 that we've been working on for almost two years now with different little fixes and so forth that we've been working with staff and we're very happy to actually finally make it to City Commission. There's two minor text changes that I would like the City Commission to consider, and I'm going to pass them out. One is, as the distinguished Mr. Luis Revuelta, the architect, mentioned, is that the top level of a building to be able to have a double height, however, not exceed the permissible maximum height, it still has to stay within the same height, to also include T-5, and that those two levels be permitted 28 instead of 25 feet. So I'm going to pass that around so you guys have it in text, but those are the only two minor text amendments. Just want to let you know, thank you very much for your consideration of these text amendments. Thank you. Chair King: Thank you. Good morning. Antoinette Miller: Good morning. My name is Antoinette C. Miller. I'm the granddaughter of Margaret Jane Thompson Mackey. It is my great privilege to honor my late grandmother who gave so much to the Overtown community. Her restaurant, the Seafood Cafe, was located at 401 Northwest 17th Street and 4th Avenue. This restaurant became a well-known gathering place in the community. People came from near and far for 41 years to enjoy the delicious food which was always prepared with generous servings of love, caring, and hospitality. Margaret's spirit truly guided her to nourish both body and spirit. I would like to thank Mayor Francis X. Suarez and all of the Commissioners for supporting this well -deserved honorary street naming. In addition, I would like to thank the following individuals for their invaluable encouragement and support. Dr. Enid C. Pinckney, Chairman of the Curtis Foundation; Dr. Barbara Carey-Shuler, former Commissioner of Miami - Dade County, and Dr. Dorothy Jenkins Fields, historian and founder of the Black Archives History and Research Foundation of South Florida. In closing, I would like to thank all of you who are here today in honor of my grandmother, who truly added to the legacy of the Overtown community. Thank you very much for your decision. Chair King: Thank you. Good morning. Zarahy Pacheco: Good morning. I brought a few people so they can donate minutes because I have a big problem with my property and I want them to stand up so you can see many of them have not even been allowed in the building. (FOREIGN LANGUAGE). Chair King: Ma'am, what district are you in? Ms. Pacheco: District 1. And I'm here to talk about FR.2, the Code relief amended ordinance proposed by Mr. Diaz de la Portilla. The City of Miami is over 125 years old and has buildings which has been built pursuant to several building zoning codes throughout all these many years, which even the building zone codes and setback City of Miami Page 22 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 variance protocols followed by the building officials are not very clear. Owning a home has long been considered the ultimate aspiration and the American dream for many people that have cone, like immigrants like me, and many people that have been born in here. The problem with my specific property is that my property was built in 1938, had an addition done in 1982. It's not very clear how there are many properties in the city that don't meet the forever five feet setback on each side. So I met with the City Manager, I met -- I'm sorry, not with the City Manager, I met with the building official, Mr. -- Chair King: Ace? Ms. Pacheco: Mr. Ace Marrero, and Mr. Daniel Goldberg. A few times I went with my commissioner, with Karla, the Chief of Staff, and it's not been clear how if the setbackfor all the buildings in Miami has been five feet on the sides, how come there are many buildings that doesn 't meet that? Chair King: Okay, hold on. If I can get Director Ho, could you address her and her issue? Because she has a lot of folk to -- but I think she needs to speak to someone from the staff more so than to tell us, because they can give you a better handle on what is expected, what you need to do, versus speaking to our body. Ms. Pacheco: Well, 1 have been advised that the Miami 21 and the current code relief doesn't support the legalization of properties like mine. Chair King: She'll speak to you about that. Ms. Pacheco: Okay. Chair King: Thank you. She'll speak to you about that. Ms. Pacheco: Oh, you want me to go over there? Chair King: Yes, yes, yes. Ms. Pacheco: Okay. Chair King: Okay. Good morning. Dakeira Smokes: Good morning. My name is Dakeira Smokes, and I'm 16 years old. And I know you guys don't want us to speak on behalf of Virginia Key Beach, but that's the only beach that Black people could go to and the only Black beach that Black people known of And I hope you guys do right by the Black beach. Thank you. Chair King: Thank you. Essence Charles: Good morning. Chair King: Good morning. Ms. Charles: My name is Essence Charles and I'm 15. And I just wanted to ask that, how are you able to talk about Virginia Beach, I mean, Virginia Key Beach, but we're not able to. Thank you. Chair King: Thank you. I believe that this concludes the public comment period for this meeting. Thank you all for coming. Mr. Hannon: Chair, Chair, one second. City of Miami Page 23 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 (COMMENTS MADE OFF THE RECORD) Chair King: Oh, someone told me that it was clear. Yeah, it's clear. It's clear. So that concludes the public comment period for our meeting. 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 24 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 CA.1 12521 Department of Police CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO SECTION 18-82(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CLASSIFYING TWO (2) USED POLICE VEHICLE PARTITIONS AS CATEGORY "A" STOCK SURPLUS; AUTHORIZING THE DONATION OF SAID POLICE VEHICLE PARTITIONS TO THE VILLAGE OF BISCAYNE PARK POLICE DEPARTMENT FOR USE BY THEIR DEPARTMENT TO INCREASE OFFICER SAFETY DURING PRISONER TRANSPORTS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR THE DONATION OF THE POLICE VEHICLE PARTITIONS FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0407 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.1, please see "End of Consent Agenda." City of Miami Page 25 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 CA.2 RESOLUTION 12618 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 55-10(G) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING AND DIRECTING THE CITY OF MIAMI'S DEPARTMENT OF RESILIENCE AND PUBLIC WORKS TO ISSUE NECESSARY PERMITS FOR THE REDEVELOPMENT, CONSTRUCTION, RENOVATION OR REPAIR OF NON - HABITABLE ON -SITE IMPROVEMENTS ON AN APPROXIMATELY 18' STRIP OF UNPLATTED LAND AT THE PROPERTY LOCATED AT 1715 SOUTHWEST 37 AVENUE THE REMAINDER OF WHICH IS PLATTED; SUBJECT TO COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0408 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see "End of Consent Agenda." CA.3 RESOLUTION 12619 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING EIGHT (8) RIGHT-OF-WAY DEEDS AND ONE (1) QUIT CLAIM RIGHT-OF-WAY DEED OF DEDICATION ("DEEDS") FOR THE PROPERTIES DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR RIGHT-OF- WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN A COPY OF THE DEEDS. ENACTMENT NUMBER: R-22-0409 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.3, please see "End of Consent Agenda." City of Miami Page 26 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 CA.4 12678 Office of the City Attorney RESOLUTION - Item Pulled from Consen" A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY WILLIAM AMADO REYES, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $75,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, "CITY") IN THE CASE STYLED MARJULYS GARCIA VS. CITY OF MIAMI AND GREENWICH INSURANCE COMPANY, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 20-013399 CA 01, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545011.0000.00000. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number CA.4, please see "Order of the Day." END OF CONSENT AGENDA Chair King: We're going to move right into our consent agenda. Commissioner Russell: So moved. Chair King: I have a motion to move CA.1, 2, and 3. Commissioner Reyes: Move it. Chair King.• Second. All in favor? The Commission (Collectively): Aye. Chair King: Consent agenda passes. (COMMENTS MADE OFF THE RECORD) City of Miami Page 27 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 PH - PUBLIC HEARINGS PH.1 RESOLUTION 12591 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ALLOCATING FUNDS IN THE AMOUNT OF $743,000.00 TO THE AGENCIES SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES FOR PROGRAM YEAR 2022- 2023 FROM THE SOCIAL SERVICE GAP PROGRAM FUNDS, ACCOUNT NO. 14010.910199.481000; 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-22-0410 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For additional minutes referencing Item Number PH.1, please see "Public Comments for all item(s)." Chair King: So, now we have PH.1, 2, 3, and 4 in play. Commissioner Russell: So moved. Chair King: Motion. Commissioner Reyes: Move it. Chair King: Second. All in favor? The Commission (Collectively): Aye. Chair King: Okay, our PH items passed. City of Miami Page 28 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 PH.2 RESOLUTION 12592 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING AN ADDITIONAL GRANT OF HOUSING CHOICE VOUCHER PROGRAM FUNDS, FOR FISCAL YEAR 2022-2023, IN THE AMOUNT OF $91,665.00 FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, TO PROVIDE ASSISTANCE TO VERY LOW-INCOME HOUSEHOLDS, ELDERLY PERSONS, AND DISABLED PERSONS TO AFFORD DECENT, SAFE, AND SANITARY HOUSING; 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-22-0411 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.2, please see Item Number PH.1. PH.3 RESOLUTION 12594 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING AN AMOUNT NOT TO EXCEED $981,280.82 IN AMERICAN RESCUE PLAN ACT OF 2021 FUNDS ("FUNDS") FOR THE SECOND YEAR OF ASSISTANCE TO THE AGENCIES/DEPARTMENTS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR ELDERLY MEALS, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS; 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, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0412 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.3, please see Item Number PH.1. City of Miami Page 29 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 PH.4 RESOLUTION 12575 Department of Parks and Recreation A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 376.80, FLORIDA STATUTES, DESIGNATING THE PROPERTIES LOCATED AT 140 AND 142 SOUTHWEST 11 STREET, MIAMI, FLORIDA 33130 AND KNOWN AS SOUTHSIDE PARK ("SUBJECT PROPERTY") A BROWNFIELD AREA WITHIN THE CITY OF MIAMI ("CITY"); DIRECTING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE MIAMI-DADE DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES OF THE DESIGNATION OF THE SUBJECT PROPERTY AS A BROWNFIELD AREA, TO UNDERTAKE ANY OTHER NECESSARY RELATED PROCEDURES, NOTICES, AND REQUIREMENTS FOR SAID DESIGNATION, AND TO UPDATE THE MAP OF DESIGNATED BROWNFIELD SITES TO INCLUDE THE SUBJECT PROPERTY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.4, please see Item Number PH.1. City of Miami Page 30 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 PH.5 RESOLUTION 11509 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING AND RECOMMENDATION, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AND APPROPRIATING AMERICAN RESCUE PLAN ACT OF 2021 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS, ON A REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO EXCEED ONE MILLION DOLLARS ($1,000,000.00), TO CIRCLE OF BROTHERHOOD, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CIRCLE OF BROTHERHOOD"), IN ORDER TO IMPLEMENT CIRCLE OF BROTHERHOOD'S COVID-19/PANDEMIC COMMUNITY WELLNESS AND RECOVERY INITIATIVE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH CIRCLE OF BROTHERHOOD AND ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For additional minutes referencing Item Number PH.5, please see "Public Comments for all Item(s)." Chair King: Do I have a motion to move -- Commissioner Reyes: Move it. Chair King: -- PH 1 -- Commissioner Russell: Second. Chair King: -- through 7? Commissioner Diaz de la Portilla: I move it. Todd B. Hannon (City Clerk): Chair. Chair King: Well, actually -- Mr. Hannon: Chair. City of Miami Page 31 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Commissioner Diaz de la Portilla: Well actually, I'll second it. I'm sorry, I'll second it. Chair King: -- 6 and 7 have already been passed. Commissioner Reyes: PH (Public Hearing) items. Chair King: Okay, so I have a motion and a second. All in favor? Commissioner Russell: Aye. Commissioner Reyes: Wait a minute. Wait, wait, wait. Chair King: Wait, wait, wait. Commissioner Reyes: Wait, PH -- PH.5, I know there is -- Chair King: We're going to defer that. Commissioner Reyes: Yes, I would like to defer that. Chair King: Is there a motion to defer PH.5? Commissioner Reyes: Because 1 will like for the -- for the Circle of Brotherhood to clarify this amount that it was going to be -- that was promised -- Chair King: Okay. Commissioner Diaz de la Portilla: I will move to defer PH.5. Chair King: Okay, so well defer PH.5 indefinitely. Commissioner Reyes: That's right. Chair King: Okay. A motion and a second. Mr. Hannon: I have Commissioner Diaz de la Portilla moving it. I do not have a second. Commissioner Reyes: I second it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 32 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 PH.6 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 AFFORDABLE HOUSING DEVELOPMENT THAT WILL CONTAIN NO LESS THAN TWENTY- SEVEN (27) CITY -ASSISTED RESIDENTIAL RENTAL UNITS FOR ELIGIBLE RESIDENTS ("PROJECT"), PROVIDED THAT THIS ALLOCATION IS APPROVED IN WRITING BY THE CITY'S ARPA CONSULTANT ("ARPA 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 ARPA CONSULTANT APPROVAL, AND IN THE HCLC APPROVAL, PROVIDED THAT THE DEVELOPER FULFILLS ALL OF THE TERMS AND CONDITIONS TO BE SET FORTH IN THE ARPA CONSULTANT APPROVAL AND HCLC APPROVAL; SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE ARPA 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 ARPA CONSULTANT APPROVAL AND HCLC APPROVAL, IN ORDER TO ALLOCATE THE CITY'S ARPA FUNDING TO THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0405 City of Miami Page 33 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number PH.6, please see "Public Comments for all Item(s)" and Item Number PH. 7. Chair King: Commissioner Russell, would you like to take this item up now? Commissioner Reyes: Yes. Commissioner Russell: I would love that. I'll move it. Commissioner Reyes: I will second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Commissioner Russell: Any other comments -- public comments? Chair King: Any other public comments on this item, PH 6. Please come forward. PH 6. Commissioner Reyes: (UNINTELLIGIBLE). Ms. Gibson: Thank you. Thank you, (UNINTELLIGIBLE). City of Miami Page 34 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 PH.7 RESOLUTION 12545 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 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 AN AFFORDABLE HOUSING DEVELOPMENT ON TWO PARCELS THAT WILL CONTAIN A TOTAL OF TEN (10) CITY -ASSISTED RESIDENTIAL RENTAL UNITS, PROVIDED THAT THIS ALLOCATION IS APPROVED IN WRITING BY THE CITY'S ARPA CONSULTANT , 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 ARPA CONSULTANT APPROVAL, AND IN THE HCLC APPROVAL, PROVIDED THAT THE DEVELOPER FULFILLS ALL OF THE TERMS AND CONDITIONS TO BE SET FORTH IN THE ARPA CONSULTANT APPROVAL AND HCLC APPROVAL; SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE ARPA 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 ARPA CONSULTANT APPROVAL AND HCLC APPROVAL, IN ORDER TO ALLOCATE THE CITY'S ARPA FUNDING TO THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0406 City of Miami Page 35 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Commissioner Russell: Could we do 6 and 7 together? They're the -- she spoke on both. Chair King: Well, after he speaks, well take up 7. Terrance Cribbs-Lorrant: Hi, good -- good morning. Chair King: Good morning. Mr. Cribbs-Lorrant: Good morning. My name is Terrance Cribbs-Lorrant, 480 Northwest II th. I work with the City of Miami Black Police Precinct Courthouse Museum. For those that don't know, much of my initial work coming to Miami through Florida International University happened in the Coconut Grove area. It was very important to me because St. Paul was one of the few AME (African Methodist Episcopal) churches to allow health and awareness around HIV (Human Immunodeficiency Virus) and AIDS (Acquired Immunodeficiency Syndrome) out of the actual church, which is something that is considered taboo in the black community. Greater Bethel was where I was able to house most of my research while in FIU (Florida International University). And 'just want to say that supporting PH.5 and 7 is very important -- 6 and 7 is very important because all of it helps to secure the community in what's best. Also like to add that Ken Russell, outside of the suit that you all see him, you may not know this, but he and I both were at the Port of Miami during the Bahamians that were trying to get here. And he didn 't have on that commissioner shirt. And both he and I were out there picking up families. And I remember watching him and I approached him and I said, you're out here too? And he said, yeah, I'm trying to help as marry as I can. It's people like that when you take the shirt off that matters to me. And so that 's why I continue to support things that you bring up, that deal with Coconut Grove and help Coconut Grove. Continue to walk in that faith and I promise you, you will always have the support of a good community. Thank you. Chair King: Thank you. Commissioner Reyes: Commissioner -- Chair King: Is there anyone else here that would like to speak on PH.6 or 7? Commissioner Reyes: Okay. Chair King: PH 6 or 7. Anyone else here? Please. Nathaniel Robinson: Good morning, Commissioners. Thank you so much. Chair King: Good morning. Mr. Robinson: I want to thank you for this opportunity to speak. We have kind of coupled ourselves with the Thelma Gibson Health Initiative on a number of issues to address in our community. A part of their 28 units is a building that we were able to transfer to them through a sale and so we have an additional 10 units that are on PH 7 and we 're asking for your unanimous support of this as well so that we can City of Miami Page 36 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 continue to bring housing to the community that needs it as we have in the past. Thank you so much. Chair King: Thank you. Todd B. Hannon (City Clerk): Chair, if I could just have the speaker's name. Mr. Robinson: Yes, Reverend Nathaniel Robinson, III, the pastor of Greater St. Paul AME Church, 3680 Thomas Avenue. Chair King: Is there anyone else here that would like to speak on PH.6 or 7? Unidentified Speaker: Reynold Martin. Chair King: Seeing none -- Reynold Martin: No, no, I'm here. Chair King: Oh, you, oh, I'm sorry. I didn't hear you say it. Commissioner Reyes: (UNINTELLIGIBLE). Mr. Martin: 1 don't know how to get your attention. Chair King: I didn't know you said it. Mr. Martin: I'm Reynold Martin, here to speak on PH.6 and 7. I'm from Coconut Grove, I'm a Grovite for life. I'm president of the CAC (Community Advisory Committee), which is a County's entity, and the vice president of the Homeowners and Tenants Association of Coconut Grove. And I want to say to you guys that these projects have overwhelming support in our community. We need it, and we thank you for your effort to help us restore a great community. I hope this is not the last, but the beginning of something great in this community. Thank you. Chair King: Thank you. Mr. Range, you've already had your two minutes. Patrick Range: I just wanted to express my support for these two items. I'm a Coconut Grove business owner and have known the Thelma Gibson Health Initiative for many, many years, all of its executives, as well as the St. Paul AME Church, who has also been in the community forever and we have been a supporter of as a business, and so we do support these items -- Chair King: Thank you. Mr. Range: -- PH 7 and 8 [sic]. Thank you. Chair King: Thank you. Commissioner Reyes: Madam Chair? Chair King: Are you here for -- let me make sure we, PH.6 and 7? Unidentified Speaker: No. Chair King: Okay, so we can take the vote for PH.7 now? Commissioner Reyes: I want to include also that I want to co-sponsor -- City of Miami Page 37 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Commissioner Russell: Thank you, sir. Commissioner Reyes: -- with Commissioner Russell these two items. I move it. Chair King: Move it. Second? Commissioner Russell: PH6 and 7? Chair King: We already voted on PH. 6, that's passed. Commissioner Reyes: That's right. Chair King: Yeah, we did that already. PH. 7. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Applause. Commissioner Reyes: Okay. END OF PUBLIC HEARINGS City of Miami Page 38 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 RE.1 12644 Department of Fire - Rescue RE - RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDING IN THE AMOUNT OF $1,173,322.73, WITH A REQUIREMENT FOR CITY OF MIAMI ("CITY") MATCHING FUNDS OF $117,332.27 FOR A TOTAL OF $1,290,655.00, FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY ("FEMA") FOR THE PERIOD BEGINNING SEPTEMBER 22, 2022, THROUGH SEPTEMBER 21, 2024, FOR THE PURPOSE OF DELIVERING SAFETY AND SURVIVAL TRAINING TO 796 MEMBERS OF THE DEPARTMENT OF FIRE -RESCUE ("TRAINING") AND TO PURCHASE SUPPLIES AND MATERIALS ("SUPPLIES") FOR THE CONSTRUCTION OF FIRE SCENARIO PROPS TO BE UTILIZED FOR SAID TRAINING ("GRANT"); ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM FISCAL YEAR 2021"; APPROPRIATING FUNDS IN THE AMOUNT OF $1,290,656.00, CONSISTING OF 1,173,322.73 OF GRANT FUNDING AND $117,332.27 OF CITY MATCHING FUNDS FROM ACCOUNT NUMBER 11000.184010.481000.0000.00000; 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-22-0414 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 Commissioner Diaz de la Portilla: I have a motion to pass RE.1 -- Chair King: 3. Commissioner Diaz de la Portilla: -- 3 and 5. Chair King: And 5. Victoria Mendez (City Attorney): 5 needs to be heard by itself It's a mitigation. Chair King: It's a mitigation. Commissioner Diaz de la Portilla: I'm sorry, so is 6. Chair King: Yes. So -- City of Miami Page 39 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Commissioner Reyes: 7. Commissioner Diaz de la Portilla: So, I would move RE.7 to 8, 9, 10, 11, 12, 13 and 14. Commissioner Russell: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 40 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 RE.2 12528 Department of Fire - Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S WRITTEN FINDING OF AN EMERGENCY, ATTACHED AND INCORPORATED AS EXHIBIT "A", WAIVING COMPETITIVE SEALED BIDDING REQUIREMENTS AS NOT BEING ADVANTAGEOUS OR PRACTICABLE FOR THE CITY OF MIAMI ("CITY"), PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), FOR THE PURCHASE OF MEDICAL EQUIPMENT FROM GE MEDICAL SYSTEMS, ULTRASOUND & PRIMARY CARE DIAGNOSTICS, LLC, A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("GE"), PHILIPS HEALTHCARE, A DIVISION OF PHILIPS NORTH AMERICA, LLC, A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("PHILIPS"), AND CARESTREAM HEALTH, INC., A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("CARESTREAM"), FOR THE MIAMI FIREFIGHTERS' HEALTH AND WELLNESS CENTER FOR THE CITY'S DEPARTMENT OF FIRE -RESCUE ("FIRE -RESCUE"), FOR AN APPROXIMATE TOTAL AMOUNT OF FIVE HUNDRED SIX THOUSAND SIX HUNDRED TWENTY EIGHT DOLLARS AND SIXTY FIVE CENTS ($506,628.65); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, EXTENSIONS, AND REPLACEMENT CONTRACTS, 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: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: Item RE.2 was continued to the November 17, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.2, please see "Order of the Day." City of Miami Page 41 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 RE.3 RESOLUTION 12526 Department of Parks and Recreation A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE PIGGYBACK OF MIAMI-DADE COUNTY ("MDC") PRE -QUALIFICATION POOL CONTRACT NO. RTQ-00992 FOR PARK OPERATION ITEMS ("MDC CONTRACT"), ON AN AS NEEDED BASIS, PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WITH VARIOUS PRE -QUALIFIED VENDORS, WHICH WAS COMPETITIVELY SOLICITED AND IN EFFECT AS OF APRIL 1, 2019, AND WHICH DOES NOT EXPIRE UNTIL THE LAST DAY OF THE LAST MONTH OF THE EIGHT (8) YEAR TERM; ALLOCATING FUNDS FROM THE CITY OF MIAMI ("CITY") PARKS AND RECREATION DEPARTMENT ("PARKS") GENERAL ACCOUNT NO. 00001.299001.534000, AND SUCH OTHER SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, EXTENSIONS, AND REPLACEMENT CONTRACTS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0415 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 RE.3, please see Item Number RE.1. City of Miami Page 42 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 RE.4 RESOLUTION 12749 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED OCTOBER 15, 2021, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 1170387 AND THE PROTEST TO THE SAME, FROM BIRD RIDES, INC., A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("BIRD"), AND HELBIZ FL LLC, A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("HELBIZ"), THE TWO (2) HIGHEST RANKED RESPONSIVE AND RESPONSIBLE PROPOSERS, FOR THE PROVISION OF SHARED MOTORIZED SCOOTER SERVICES, FOR THE CITY OF MIAMI ("CITY") DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("RPW"), FOR A PERIOD OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL TWO (2) YEAR PERIOD, SUBJECT TO BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH BIRD AND HELBIZ, IN FORMS 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 CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: Item RE.4 was continued to the November 17, 2022, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number RE.4, please see "Order of the Day." Chair King: Resolutions. Commissioner Reyes: Resolutions. Arthur Noriega (City Manager): Madam Chair, did we do the consent agenda? Commissioner Russell: Yes. City of Miami Page 43 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Chair King: Yes, we did. Mr. Noriega: We did it? Okay, 1 missed it. Commissioner Reyes: Yes, we did the consent. Where were you? Commissioner Diaz de la Portilla: I was too, I missed it. Chair King: Do I have a motion to pass -- Commissioner Diaz de la Portilla: I'll move it. Chair King: -- RE -- Commissioner Diaz de la Portilla: 1. Chair King: -- 1 -- Commissioner Diaz de la Portilla: 2. Commissioner Russell: Nope. Chair King: No, that's been deferred. RE.1 -- Commissioner Diaz de la Portilla: 3. Chair King: -- RE.3, RE.4 -- Commissioner Diaz de la Portilla: No, I'm going to move to defer RE.4. Chair King: Wait, is there a motion to defer RE.4. Commissioner Reyes: Move it. Chair King: Second. All in favor? The Commission (Collectively): Aye. Chair King: RE.4 is deferred until when? Commissioner Diaz de la Portilla: There's a motion to pass RE.I -- Todd B. Hannon (City Clerk): When is RE -- when is RE.4 deferred to? Commissioner Diaz de la Portilla: The -- November 17th. Mr. Noriega: November 17th. Commissioner Reyes: November 17th. Okay. City of Miami Page 44 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 RE.5 12578 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT FINE FOR CASE NUMBER CE2021003957 ON PROPERTY ADDRESS 7301 BELLE MEADE ISLAND DRIVE, MIAMI, FLORIDA, AFTER 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 AND 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: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: Item RE.5 was continued to the November 17, 2022, City Commission Meeting. Chair King: And let's take up RE.5. Arthur Noriega (City Manager): So, just for clarity, the only items you did not pass in that were the two mitigation items, correct? Commissioner Russell: Correct. Todd B. Hannon (City Clerk): Yes. Commissioner Diaz de la Portilla: Correct, RE.5 and 6. Mr. Noriega: Got it. Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: And we deferred RE.4. Chair King: Okay, with RE.5. Rachel Dooley (Senior Assistant City Attorney): Good morning, members of the Commission, Rachel Dooley, on behalf of the City Attorney's Office. Chair King: Good morning. Marcy Resnik: Good morning. Marcy Resnick, on behalf of the owner of the property at 7301 Belle Meade. Ms. Dooley: As discussed prior and also in the resolution that you've received, 7301 Belle Meade Island Drive filed an appeal of a order from the Code Enforcement Board and based upon that, they've come back here for a litigation settlement. The property is a repeat violation property for a previous short-term rental violation. This was the second one. In this particular case, the property was cited on March 28th of 2021. It was not complied until September of 2022. And just as had been discussed, City of Miami Page 45 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 the property was removed from a -- the online rental site as of June 1st, 2022, hut the code compliance due to the repeat nature of the case did not comply until sufficient time had passed and there were no parties and other things being seen by the neighbors who were greatly disturbed by it. In that case, that required the total per diem lien, which was running at $500 per day to run to $270,000 per day, and that 's for a September 2, 2022, completion. If you took it back to June 1st when it was removed from the sites, that would take it to about $229,000. So, there's about a $50,000 difference. I just wanted to make you aware of that. In this particular case, the Code Board also enforced a $5, 000 irreparable harm fine, as they are allowed to do pursuant to our Code and Florida Statute, and that was done as well. Again, both of those were on appeal. They are here today to ask for mitigation. Originally, they were at, I believe, $10,000 plus another $5,000. They've come up to -- as 1 sent yesterday to each individually, $22,500. Their counsel is here. There were three pending violations. Initially, they'd been charged with, also a work without a permit, but that matter actually had been handled on another case, so that was complied very quickly, within 30 days of it initially being opened because they did take care of that work without a permit under a building case matter and a different code matter that were running together. So, I leave it to you at this point. Vice Chair Carollo: Chair? Chair King: I'd like to say this -- this property is in my district and I've done quite a bit of research on it and I would like a motion to uphold the full value. Commissioner Russell: So moved. Commissioner Diaz de la Portilla: I'll second that. Commissioner Reyes: Second. Vice Chair Carollo: Thank you. I was going to suggest -- (COMMENTS MADE OFF THE RECORD) Vice Chair Carollo: -- this property is currently for sale for -- Commissioner Reyes: $15 million. Vice Chair Carollo: -- $14.9 million. Commissioner Reyes: That's right. Vice Chair Carollo: Look, it's one thing when you have individuals that aren 't sophisticated in the system, they're elderly, sometimes there're language barriers, they have small homes. These people here, they're sophisticated. And we either are going to put a bite into this ordinance that we have to make people stop abusing the system, the process, and harming their neighbors, the life, health, and safety of their neighbors, or we'll let it be where nobody pays anything and this will become the Wild Wild West. So, I frilly support what you're doing, because this is very, very different than some of the others that, you know, a few that we've had so far, that we've seen. Ms. Dooley: And I do respect that, what the board is saying. I don't know, it is a quasi-judicial proceeding, and so I know counsel's present. I don't know if you'd like to allow her to -- Chair King: I would like -- City of Miami Page 46 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Vice Chair Carollo: We have to hear. Chair King: Yes, I would like to allow her -- Ms. Dooley: (UNINTELLIGIBLE). Chair King: -- but there is a motion and a second on the floor. Ma'am, you may go ahead and speak. Marcy Resnik: I was asked to restate my name again. My name is Marcy Resnick, and as 1 said, 1 represent the owners of 7301 Belle Meade. One thing that counsel did not point out to you is that we were here well over a year ago on a similar issue, but unfortunately, the way that the -- at that time, the Code -- I think it was the Code Board, had issued the fines was done incorrectly, so there was no way for us to take a proper appeal. And we've been working with Ms. Dooley, who has been very diligent with us and has been a pleasure to work with. We have been working to get this into -- into a proper fashion so we could appear before you today. We were in compliance long before June 1st. That is just a line of demarcation that Ms. Dooley and I basically agreed to where we -- there were no more complaints. What started the problems, in all honesty, with this property was parties that were going on during COVID. That has long since ceased. That is -- that is no longer an issue. And they were never cited for that as part of this. This is all about the short-term rentals. We have provided an affidavit showing that we have been off at least since June 1st. The problem with these companies like Airbnb and Vrbo is that they don't have the ability to help you prove a negative. In other words, they can't show you when you are no longer there. They can only show you when you were there. And we were comfortable saying June 1st, and I think Ms. Dooley accepted that representation. Ms. Dooley can tell you we have been working with her on a near daily basis. Even on weekends, we've been in touch trying to get this resolved. We are here, and I would ask you if you are not inclined to accept the resolution at the reduced amount that we have proposed, that this be deferred so I have an opportunity to continue to speak either with you, Madam Chairwoman, through Ms. Dooley, and see if we can come up with a resolution that everyone can live with. Victoria Mendez (City Attorney): Madam Chair, would you be willing to continue it so that you can discuss it with counsel or --? Commissioner Reyes: Madam Chair -- Chair King: I -- I would -- Commissioner Diaz de la Portilla: We have a motion and a second. Commissioner Reyes: We have a -- Chair King: I understand, but I have not, in fairness, I have not spoken to her. I have spoken to the residents of Belle Meade Island and they're very clear and the spirit of the legislation is for, in fact, the motion that I made. And that is -- that is where I stand. Ms. Mendez: Madam Chair, I am sorry, you are giving a Jennings disclosure with regard to speaking with residents -- Chair King: Yes. Ms. Mendez: -- of Belle Meade? Okay. City of Miami Page 47 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Chair King: Yes, Jennings disclosure, that I did speak with the residents of Belle Meade Island, Jennings disclosure. So, there's a motion on the floor, 1 have a second. I would ask my colleagues if I can defer it one meeting. Commissioner Russell? Commissioner Diaz de la Portilla: So, I withdraw the -- did I make the motion or did Commissioner Reyes? Commissioner Russell: I did. Commissioner Reyes: He did -- he did make the motion. Commissioner Diaz de la Portilla: I withdrawn -- I withdraw my second of the motion then. Commissioner Reyes: Madam Chair, I believe that also like it is said here, such a small amount, owing so much, and it doesn 't make sense for a property, as Commissioner Carollo, you stated, that is worth $15 million. Chair King: I understand. Commissioner Reyes: You see, and 1 saw -- you want to defer it? Chair King: 1-- Commissioner Reyes: It is your call. Chair King: Just to hear them, just to hear them -- Commissioner Reyes: Okay. Chair King: -- but you know what my position is. Commissioner Diaz de la Portilla: Until -- Commissioner Reyes: But for the record -- Chair King: Just so you know. Commissioner Diaz de la Portilla: Until November 17th, correct? Chair King: November l7th. One meeting. Ms. Resnik: Correct. And this is the first time -- Commissioner Diaz de la Portilla: Okay, so I'll withdrawn my second of the initial motion. Ms. Resnik: -- before you. Chair King: Yes, this -- I've never seen her before. Ms. Resnik: Right, this is the first time we've been before you on this issue -- Chair King: Okay. Commissioner Diaz de la Portilla: Fair is fair. Fair is fair. City of Miami Page 48 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 RE.6 12509 Office of the City Attorney Chair King: Commissioner Russell? Fair is fair. Commissioner Russell? Commissioner Russell: Thank you, Madam Chair. I'm happy to withdraw the motion and support the deferral, but I just want to make a statement. Under a previous manager and a previous mayor, we took up the issue of short-term rentals, especially with Airbnb and Vrbo. Commissioner Reyes: That's right. You want that. Commissioner Russell: Although I'm in support, under the right circumstances, of allowing it, even within T3-R under the right regulations. I was outvoted at the time. I'm very much in favor of supporting the regulations that stop the abuse of the neighborhoods within these -- if we can work with the industry, we can get what we need. Because it does allow, in some case, for people to supplement their income for their property. It does allow, in some cases, for a, you know, an inexpensive place for people to stay when they visit us. But the abuse is rampant. And -- Chair King: I agree. Commissioner Russell: -- so I'm in support of you on this issue, but I'll make the motion on the deferral. One month? Vice Chair Carollo: Second. Chair King: Yes. All in favor? The Commission (Collectively): Aye. 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. ENACTMENT NUMBER: R-22-0416 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Fortilla, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Chair King: So, we're back with the RE.6 is another mitigation. Victoria Mendez (City Attorney): Do you have a Jennings disclosure for this one, Madam Chair? City of Miami Page 49 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Chair King: No, I do not. 1 do? Yes, I do. Okay. Commissioner Diaz de la Portilla: Yes you do. You always answer yes to that. Chair King: Oh, okay. Yes I do then. Rachel Dooley (Assistant City Attorney): It was a couple weeks ago, so it's been a long few weeks. Chair King: Yes, it has. Ms. Dooley: Again, Rachel Dooley on behalf of the City Attorney's Office. This is for property 620 Northeast 78th Street. Loren Granoff Madam Chair, Commission, my name is Loren Granoff counsel for East Coastlnvestments. Ms. Dooley: Right. We were here two weeks ago at the last Commission meeting. They had come forward. It was deferred based upon what was offered. This was the fisheries restaurant property that had spent -- it took them about seven years, they finally got their construction completed. They first -- we first came in at, I think, twenty something thousand dollars, and 1 know they did have a chance to meet with the district commissioner and agreed to an amount of $51,205, which is 10 percent of the amount. They are not a repeat violating property. It has been fixed and everything is moving forward. I know that Code Compliance felt it was also reasonable, as did my office, for this -- the -- this particular issue. Chair King: I'm -- Ms. Mendez: So, I wanted to -- Chair King: Yes. Go ahead. Ms. Mendez: I wanted to clarify for the record, the Chair did not meet with the individual, Mr. Granoff so I just wanted to clarify that for the record. Chair King: Right. So, I didn't need to make it -- Ms. Dooley: Oh, I thought he'd met with you. Chair King: Right, no, no, no, I didn't need to make a Jennings disclosure. You know, I'll say it if you say it, but I didn't meet with them. Well, I'd like to make a motion to -- Commissioner Reyes: Second. Chair King: -- accept the Citv's recommendation for the settlement. Commissioner Reyes: I second. Todd B. Hannon (City Clerk): Who is the mover? Chair King: Me. Commissioner Diaz de la Portilla: I will move it. Chair King: Oh, I can't make the motion. City of Miami Page 50 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Commissioner Diaz de la Portilla: You can't move it, you're chair. I'll move it. Commissioner Reyes moves it. I will second it. Commissioner Reyes: Okay. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Mr. Hannon: And that's as is. Chair King: As is. Commissioner Diaz de la Portilla: As is. Commissioner Reyes: As is. Chair King: That -- Mr. Granoff.• Thankyou all. Ms. Mendez: 1 am sorry, the item on the agenda says a different number. Ms. Dooley: Right, it should be amended to -- Ms. Mendez: So what is the amount? Ms. Dooley: If it's not, it would be amended to $51,205. Mr. Granoff Stipulated. Ms. Dooley: Thankyou. Commissioner Diaz de la Portilla: So I'll move it as amended. Chair King: Stipulated. Ms. Mendez: So, as amended. City of Miami Page 51 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 RE.7 RESOLUTION 12656 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION TRANSFERRING AND APPROPRIATING FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) IN AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") FUNDS ("FUNDS") PREVIOUSLY ALLOCATED TO THE MAYOR'S OFFICE TO THE BAYFRONT PARK MANAGEMENT TRUST FOR ELIGIBLE ARPA ACTIVITIES, WHERE EXPENDITURE OF SUCH FUNDS SHALL BE SUBJECT TO FINAL WRITTEN APPROVAL BY THE CITY'S ARPA CONSULTANT, OR ITS SUCCESSOR; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE AND AMEND THE CAPITAL PLAN, THE CITY'S ADOPTED OPERATING BUDGET, 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-22-0417 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 RE.7, please see Item Number RE.1. RE.8 RESOLUTION 12703 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, CODESIGNATING THAT PORTION OF NORTHWEST 5TH AVENUE FROM NORTHWEST 17TH STREET TO NORTHWEST 19TH STREET, MIAMI, FLORIDA AS "MARGARET JANE THOMPSON MACKEY WAY"; FURTHER, DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. ENACTMENT NUMBER: R-22-0418 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.8, please see "Public Comments for all Item(s)" and Item Number RE.1. City of Miami Page 52 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 RE.9 RESOLUTION 12704 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO ADOPT A POLICY TO REQUIRE CITY OF MIAMI ("CITY") CAPITAL PROJECTS THAT ADDRESS STORMWATER MANAGEMENT OR FLOOD MITIGATION TAKE INTO CONSIDERATION AND ADDRESS, AS APPROPRIATE AND AS REASONABLY FEASIBLE, HEAT MITIGATION, HEAT AND STORMWATER MONITORING, GREENHOUSE GAS REDUCTION, AND FUTURE MOBILITY WITH AN EMPHASIS ON NON -CARBON - EMITTING MODES OF TRANSPORTATION; FURTHER, IN ORDER TO IMPLEMENT THIS POLICY, DIRECTING THE CITY MANAGER TO REQUIRE THE FOLLOWING FOR APPROPRIATE CITY CAPITAL PROJECTS: THAT NATURE-BASED/LOW-IMPACT DEVELOPMENT BE INCORPORATED IN THE SCOPE OF WORK ("SOW"), THAT A LANDSCAPE ARCHITECT WITH NATURE - BASED INFRASTRUCTURE EXPERIENCE AND PERSONNEL WITH ADAPTATION PLANNING EXPERIENCE BE INCLUDED IN THE PERSONNEL QUALIFICATION SECTION OF THE SOW, AND THAT WATERFRONT EDGE DESIGN GUIDELINES ("WEDG") AND ENVISION CERTIFICATION GUIDELINES BE CONSIDERED IN CITY CAPITAL PROJECT DESIGN. ENACTMENT NUMBER: R-22-0419 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 RE.9, please see "Public Comments for all ltem(s)"and Item Number RE.1. City of Miami Page 53 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 RE.10 12745 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING THAT PORTION OF SOUTHWEST 25TH STREET FROM DOUGLAS ROAD/SOUTHWEST 37TH AVENUE TO SOUTHWEST 36 AVENUE, MIAMI, FLORIDA AS "PEDRO MILIAN STREET"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. ENACTMENT NUMBER: R-22-0404 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, 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 RE.10, please see "Public Comments for all ltem(s). " Commissioner Reyes: Madam Chair, can we vote on this so that (UNINTELLIGIBLE). Chair King: We can, if you'd like to vote on it now. Commissioner Reyes: Yes, I will. I will move on RE.10. Todd B. Hannon (City Clerk): Chair, just in case there anyone, is there anyone else here to speak on -- Chair King: On RE.10. Mr. Milian: No, my cousin Natalie Milian is in the audience and she's joining me. Thank you. I know a lot of family watching. Chair King:: So I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Mr. Milian: Thank you very, much. Chair King: Thank you, sir. Commissioner Reyes: Thank you, (FOREIGN LANGUAGE). City of Miami Page 54 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 RE.11 12775 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING A LOAN IN AN AMOUNT NOT TO EXCEED ONE MILLION EIGHT HUNDRED THOUSAND DOLLARS ($1,800,000.00) IN AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") FUNDS ("ARPA FUNDS") TO STADIUM TOWER APARTMENTS LLC, A FLORIDA LIMITED LIABILITY COMPANY ("DEVELOPER"), TO CONSTRUCT A NEW AFFORDABLE HOUSING DEVELOPMENT THAT WILL CONTAIN NO LESS THAN ONE HUNDRED FORTY NINE (149) CITY OF MIAMI-ASSISTED RESIDENTIAL RENTAL UNITS FOR ELIGIBLE RESIDENTS WHOSE ANNUAL INCOME IS EQUAL TO OR LESS THAN SEVENTY PERCENT (70%) OF AREA MEDIAN INCOME, AS PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, TO BE KNOWN AS STADIUM TOWER APARTMENTS LOCATED AT APPROXIMATELY THE NORTHWEST CORNER OF NORTHWEST 23 STREET AND NORTHWEST 8 AVENUE IN MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("PROJECT"), WHERE DISBURSEMENT OF THE ARPA FUNDS IS SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE WRITTEN APPROVAL OF THE LOAN BY THE CITY'S HOUSING AND COMMERCIAL LOAN COMMITTEE ("HCLC APPROVAL"), AND SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE WRITTEN APPROVAL OF THE LOAN BY THE CITY'S ARPA CONSULTANT, OR ITS SUCCESSOR ("CONSULTANT APPROVAL"), AND SUBJECT TO THE TERMS, CONDITIONS, AND RESTRICTIONS CONTAINED HEREIN, IN THE HCLC APPROVAL, AND IN THE CONSULTANT 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, FOR SAID PURPOSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0420 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 RE.11, please see Item Number RE.1. City of Miami Page 55 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 RE.12 12786 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION TRANSFERRING AND APPROPRIATING NINE HUNDRED FIFTY THOUSAND DOLLARS ($950,000.00) IN TREE TRUST FUND ("TTF") FUNDS ("FUNDS") PREVIOUSLY ALLOCATED TO THE BUILDING DEPARTMENT TO THE BAYFRONT PARK MANAGEMENT TRUST FOR ALLOWABLE TTF EXPENDITURES AT BAYFRONT PARK AND MAURICE FERRE PARK; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE AND AMEND THE CAPITAL PLAN, THE CITY'S ADOPTED OPERATING BUDGET, 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-22-0421 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 RE.12, please see "Public Comments for all Item(s)" and Item Number RE.1. City of Miami Page 56 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 RE.13 12803 Commissioners and Mayor RESOLUTION 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 ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($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 IMPROVE PARKS, CULTURAL FACILITIES, 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-22-0422 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 RE.13, please see Item Number RE.1. City of Miami Page 57 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 RE.14 RESOLUTION 12798 Department of Human Resources A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) RATIFYING THE AMENDMENT TO ARTICLE 42.6 (PENSION) OF THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE MIAMI GENERAL EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES LOCAL 871, AFL-CIO, IN EFFECT FOR THE PERIOD OF OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2023. ENACTMENT NUMBER: R-22-0423 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 RE.14, please see Item Number RE.1. END OF RESOLUTIONS City of Miami Page 58 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 SR.1 12282 Commissioners and Mayor SR - SECOND READING ORDINANCES ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CODIFYING AND SUPPLEMENTING THE AFFORDABLE HOUSING TRUST FUND, AS IT WAS PREVIOUSLY ESTABLISHED BY RESOLUTION NO. 07-0203, BY AMENDING CHAPTER 18 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "FINANCE"; MORE PARTICULARLY BY ESTABLISHING A NEW ARTICLE XIII OF THE CITY CODE, TITLED "AFFORDABLE HOUSING TRUST FUND"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14116 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: So, let's take up our SR -- Loren Granoff: Thank you. Chair King: -- Second Reading items. Madam City Attorney, do you need read any of these titles into the record before we vote? Victoria Mendez (City Attorney): Yes. I just need -- Chair King: It's only -- it's SR.1, SR.2 -- Commissioner Diaz de la Portilla: And 4. Chair King: -- and 4. Ms. Mendez: So, 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: Is that --? Chair King: That's all of them? Ms. Mendez: For the Second Reading? Chair King: Yes. SR.1, 2, and 4. City of Miami Page 59 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Ms. Mendez: Okay. Todd B. Hannon (City Clerk): Did you read the title into the record for SR.4? Commissioner Diaz de la Portilla: You haven 't read 4. Mr. Mendez: I have not read 4, thank you. The Ordinance was read by title into the public record by the City Attorney. Chair King: Do I have a motion? Commissioner Russell: Madam Chair? Commissioner Reyes: Yes, (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: Before that, can I get some clarity on SR.4? Chair King: SR.4 is sponsored by me. Commissioner Diaz de la Portilla: I know. Commissioner Russell: (UNINTELLIGIBLE). Chair King: It's for -- Commissioner Diaz de la Portilla: But want clarity. Chair King: It's for unsafe structures where property owners buy up these properties and then they don't do anything to them, in the historic district, so that they can get it demolished, demolition by neglect. The purpose is so that they can go and build something that is not specific to our community. So now these bad actors will -- if your property is demolished by neglect, demolition by neglect, you will have to build what was there. You don't get to come in and now build a skyscraper for the space. No. Commissioner Diaz de la Portilla: Are there any specific -- Chair King: It's in the -- only in the historic district. Commissioner Diaz de la Portilla: Only where? Historic district. Chair King: In the historic district. Commissioner Diaz de la Portilla: Any specific are there any unintended consequences to this? Chair King: No. No. There are no unintended consequences because in the historic district, it has been designated historic -- Commissioner Diaz de la Portilla: I know. Chair King: -- and the properties have to remain the way they are. It's not fair for someone to come and buy a property, and then through neglect, have it become an unsafe structure, demolish it, and then request to build something that is not unique to the neighborhood. City of Miami Page 60 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Commissioner Diaz de la Fonda- But is that a solution looking for a problem? Is there -- Chair King: No. Commissioner Diaz de la Portilla: -- a specific example of something that's happened that you can cite so that I know? Chair King: Well, staff can come and tell you better, but yes, because this has been a huge problem, and while I was campaigning, the residents would bring this to my attention because you have this little quaint home and then someone buys the property, they don't do anything with it, the property is demolished, and they want to build a five -story home, but not in the historic area. Commissioner Diaz de la Portilla: Are there any exemptions if they want to just build something different there? To your -- what you're proposing? Is there -- is there any - - if they want to build another same sized property, or same sized building? Chair King: No, but if they're building the same size property, there's no problem. Commissioner Diaz de la Portilla: There's no problem. Chair King: No. If they're building the same size property, there's no problem. It's when you want to come in and do something that is outside of what our community looks like, and staff can -- Commissioner Diaz de la Portilla: So you're -- you're zoning, in essence. You are zoning by decree, right? Chair King: No. Commissioner Diaz de la Portilla: These are -- Chair King: We are addressing folks who do not take care of their property. Commissioner Diaz de la Portilla: Which folks? What happened? Chair King: The property owners. Commissioner Diaz de la Portilla: But what happened that prompted you to propose this? Chair King: This -- because there were several actors in this historic neighborhood that are buying up properties and leaving them unattended, they fall apart, become unsafe structures, for the purpose of having them knocked down by the City, on the City's dime, and then they go and create something that is not within the neighborhood's uniqueness. Commissioner Diaz de la Portilla: I'm going to trust your judgment on this one. I'm a little bit concerned that it may, have unintended consequences for people that want to develop areas and maybe bring more jobs and more housing and things of that nature. So, I'm a little bit concerned about the law of unintended consequences. But I'm going to take -- I'm going to buy you -- I'm going to buy your argument for now. Just remember that 1 told you. Chair King: Okay. City of Miami Page 61 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Commissioner Diaz de la Portilla: I'm voting yes. Chair King: Okay. All in favor? Commissioner Diaz de la Portilla: Aye. Commissioner Russell: Just a moment. Do we -- is it one item? The one item -- Chair King: It's just the one item. Commissioner Diaz de la Portilla: The whole thing. Mr. Hannon: Chair -- Chair King: No, the whole thing -- Mr. Hannon: Chair, is there a mover and seconder for --? Chair King: There was. Commissioner Diaz de la Portilla: I'll move it. Commissioner Russell: Could we take noise separate -- Commissioner Reyes: I move it and I second. Commissioner Russell: -- for SR.2 separate for discussion, please? Vice Chair Carollo: (INAUDIBLE). Commissioner Reyes: That's right. Commissioner Russell: No, no, no, I haven't voted. Commissioner Diaz de la Portilla: No, let's just vote on it. Commissioner Russell: I haven't voted. I have issues on SR.2, so I'd like to take it separately, please. Chair King: Okay, so we're going to take SR.1 -- Commissioner Diaz de la Portilla: And 4. Chair King: -- and 4. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 62 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 SR.2 ORDINANCE Second Reading 12215 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 36/SECTION 36-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "NOISE/OPERATION OF RADIOS, PHONOGRAPHS, OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS, AND MUSICIANS — GENERALLY; EXEMPTION," AND CHAPTER 36/SECTION 36-5 OF THE CITY CODE, TITLED "NOISE/SAME — HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS ON CITY -OWNED PROPERTY; RELAXATION," TO ONLY EXEMPT CITY -SPONSORED EVENTS AT CITY FACILITIES OR PROPERTIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14117 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For additional minutes referencing Item Number SR.2, please see "Public Comments for all Item(s)" and Item Number SR.1. Chair King: SR.2. Commissioner Russell? Commissioner Russell: Thank you. I've been working on this forever, and I'm trying to get it done, but I don't want to write careless policy. This is about protecting the quality of life for the neighbors, but not punishing good, healthy business that has not been violating the Code and, you know, actually disincentivizing investment. So, I'm almost there. I've gotten a lot of feedback today just asking for one more deferral to get it right. And so I, rather than just doing a blanket full across the board, if the board is open, we'll bring it back in one -- in just a couple more weeks with a cleaned up version that gets it right, I hope. And if not, I'll do my best. Chair King: Commissioner Russell, I can tell you that I get emails every day about this noise ordinance and the neighbors how they can't sleep. Commissioner Russell: For our properties. Chair King: So, I mean, you 're the commissioner of this area. It's, you know, your district, but I can tell you, I don't know about my colleagues, but the residents are so - Vice Chair Carollo: We've been kicking this around for a long time. It's time to vote. Look, we can't have a different type of law for City properties. We're the biggest landowner in the city of Miami. It's not fair that every, other business in the city has to abide by our ordinance, except business that fall and rent from us as landlords. And because of that, you have some that have been abusing the heck out of that ordinance, making life miserable for many residents. Commissioner Russell: I agree. City of Miami Page 63 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Vice Chair Carollo: There are some, like the ones that 1 think you're trying to step in the front for, that 1 think have been pretty good neighbors and that's Bayfront -- Commissioner Russell: Bayside. Vice Chair Carollo: Bayside. Commissioner Russell: Bayside, yeah. Vice Chair Carollo: Bayside has. I don't foresee any problems with this in the future with Bayside. 1 really don't. So we need to move on with this. No more deferrals. Up or down, whatever it is, but, you know, it's either everyone's in or no one's in. So I make a motion that we approve this item. Commissioner Diaz de la Portilla: I'm going to second that motion. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: That takes care of our second readings. Okay, it's noon -- Todd B. Hannon (City Clerk): And 1 have that as unanimous. Chair King: It was unanimous. Commissioner Reyes: Yes, unanimous. Commissioner Diaz de la Portilla: Yes. Chair King: Guys, it's noon. Do we want to take a break and come back? Commissioner Diaz de la Portilla: We want to take a break. Vice Chair Carollo: Yes, I need to -- Commissioner Russell: We could get this done. Vice Chair Carollo: I need to. Chair King: You need to? Commissioner Diaz de la Portilla: No we're going to -- he needs to take a break and so do I. Vice Chair Carollo: I've got to go work. Commissioner Diaz de la Portilla: Yeah. Chair King: Okay, so we are going to be -- Commissioner Diaz de la Portilla: Yeah, he -- he's going to the faun. Chair King: -- in recess. We're going to be in recess until 2:30. Commissioner Diaz de la Portilla: Okay, and I have food in my office, by the way. City of Miami Page 64 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Vice Chair Carollo: 3. 3. Commissioner Diaz de la Portilla: 3 o'clock. Chair King: 3? Commissioner Diaz de la Portilla: 3 o'clock is better, yeah. Vice Chair Carollo: Yeah, I got -- Commissioner Diaz de la Portilla: Because he's going to Homestead. Vice Chair Carollo: -- a container fill of shrubbery and stuff that -- Ferre Park, so I've got to -- Commissioner Russell: He's going to go plant some trees. Chair King: So, we'll take a break -- Commissioner Reyes: He's going -- Commissioner Diaz de la Portilla: Maybe I'll go with him. Chair King: -- but we're going to move the agenda when we come back at 3. Commissioner Diaz de la Portilla: 3, yes. Mr. Hannon: And Chair, did you want to start with the Southeast Overtown/Park West meeting at 3 before we begin? Chair King: Yes -- Mr. Hannon: Before we resume? Chair King: -- we'll take up the -- Commissioner Diaz de la Portilla: 3 and then the other one at 3:15. Chair King: -- you have the CRA (Community Redevelopment Agency) meeting as well? Yes. Meeting adjourned -- in recess. City of Miami Page 65 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 SR.3 ORDINANCE Second Reading 11559 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "GARBAGE AND OTHER SOLID WASTE," BY ESTABLISHING ARTICLE IX, TITLED "WASTE METERING," TO PROVIDE REGULATIONS FOR THE CITY OF MIAMI AND CERTAIN COMMERCIAL BUSINESSES AS DEFINED HEREIN; REQUIRING THE MONITORING AND REPORTING OF WASTE PRODUCTION USING SMART TECHNOLOGY; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: Item SR.3 was continued to the November 17, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number SR.3, please see "Order of the Day." SR.4 ORDINANCE Second Reading 12148 Commissioners and Mayor AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTER 23/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "HISTORIC PRESERVATION/HISTORIC PRESERVATION," PROVIDING FOR FURTHER PENALTIES AND ENFORCEMENT OPTIONS FOR PROPERTY OWNERS THAT ALLOW HISTORICALLY DESIGNATED STRUCTURES TO DECAY TO THE POINT OF REQUIRING DEMOLITION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14118 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 SR.4, please see Item Number SR.1. END OF SECOND READING ORDINANCES City of Miami Page 66 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 12820 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY", BY AMENDING SECTION 2-895, TITLED "CONTINUANCES/DEFERRALS BY CITY BOARDS", TO PROVIDE FOR REASONABLE LIMITATIONS ON CONTINUANCES AND DEFERRALS OF ITEMS BY CITY OF MIAMI BOARDS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: Good afternoon, everyone. At this time, we are going to reconvene the City of Miami Commission meeting for October 27th, 2022. 1 believe we left off with our First Reading items. May I have a motion to pass the First Reading items? Vice Chair Carollo: Motion. Victoria Mendez (City Attorney): Madam Chair, I think 1 need to read them. Chair King: Well, let me get the motions first and then -- do I have a second? Commissioner Reyes: Madam Chair? Chair King: Uh-huh? Commissioner Reyes: I -- I just want in the Code relief the only thing that I want to do is on FR.2, you see, make sure that the address is verified because that would allow people that has -- they have a homestead exemption someplace else. Chair King: Well, this is for owner -occupied, but not homestead. Commissioner Reyes: That's right. Chair King: Right. Commissioner Reyes: But how can you be -- make sure that they live there? That's what I want to know. Chair King: What would be the verification process? Victoria Mendez (City Attorney): The Commissioner- -- the Commissioner brought up valid concerns about any abuses that could be done on these owner-occupied/I'm not City of Miami Page 67 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 homestead but I may have homestead somewhere else. So 1 know that the Building Department is working on a tight affidavit -- Commissioner Reyes: Good. Ms. Mendez: -- and some due diligence on it, so hopefully between first and second, we will have that for you. Commissioner Reyes: Okay. Chair King: Okay, so 1 have a first and a -- Commissioner Russell: Second. Chair King: -- second. Can you read the titles into the record, please? Ms. Mendez: Thank you, Madam Chair. Todd B. Hannon (City Clerk): And I'm sorry, Chair. Who is the mover and seconder? Commissioner Reyes. Also, I have a question on the FR.4. You know that I'm totally opposed to those dispensaries. IfI voted in this one, let's say that -- Chair King: The other ones were deferred. Commissioner Reyes: Huh? Chair King: It was deferred. Commissioner Reyes: It was deferred? Chair King: The PZ (Planning and Zoning) items were deferred. Commissioner Reyes: Okay, okay. Okey dokey, so FR.4, no. We're voting on 1, 2, and 3, right? Chair King: We're voting 1, 2, 3, 4 and 5, but the companion items to FR.4 have been deferred. Commissioner Reyes: Well, why don't we -- Chair King.: Would you like to defer FR.3 [sicJ? Commissioner Reyes: I would like to defer this one also. [Later... Chair King: Okay. So, can you read the titles into the record so we can move forward? Ms. Mendez: Okay. So, for FR.1. 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. City of Miami Page 68 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 [Later...] Chair King: Okay. Let me first, Todd, procedurally, where are we? Because he 's introducing something that's different. There's a motion on the floor for -- to pass our first reading items, correct? ToddB. Hannon (City Clerk): No, ma'am. Chair King: No. Mr. Hannon: Madam City Attorney was in the process of reading the titles for FR.1, 2, 3, and 5, and then we decided to pause on FR.3 due to the RE.4 companion item being deferred. So -- Chair King: Okay. Mr. Hannon: -- there's no motion on the floor at the moment. Chair King: Okay, so -- Commissioner Diaz de la Portilla: I'll make a motion to terminate the prograni for a three-day notice for -- Chair King: Wait, let's -- let's let Victoria finish reading the titles and we'll take the ones up except FR.3. And then we'll take FR.3. Victoria Mendez (City Attorney): Thank you. So I read -- I'm sorry, I lost track. I read FR.1. Mr. Hannon: And 2, we're on -- Ms. Mendez: And 2. Commissioner Diaz de la Portilla: And 2. Mr. Hannon: -- FR.3. Ms. Mendez.: Okay. So FR.3, I'm skipping. Chair King: Skipping. Ms. Mendez: FR.4 was reset, and then FR.5. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez.: And Madam Chair, we thought that eleemosynary organizations, because they're listed somewhere else in the Code, were defined. I'd like to amend it just to put a definition, which is an organization that's a private -- a private corporation created for charitable and benevolent purposes. Chair King: Okay. Commissioner Diaz de la Portilla: And I think we'll -- City of Miami Page 69 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Ms. Mendez: So in addition to your 501(c)(3), it's this other charitable organization. So, I wanted to clam that for the record so it'll be as amended between first and second. Chair King: Okay. So do I have a motion to pass FR.1, 2, and 5. Commissioner Diaz de la Portilla: There's an amendment, I think, to FR.5 that adds single-family homes, I believe. Mr. Clerk, is that correct? Mr. Hannon: I would defer to Madam City Attorney. I'm not aware of that amendment. Ms. Mendez: 1 think you had mentioned something about if we can also do a change, but you were thinking about it on vacant properties. Commissioner Diaz de la Portilla: I stopped thinking about it, yeah. Yes. Ms. Mendez: Vacant properties that will be used -- Commissioner Diaz de la Portilla: No. Ms. Mendez: -- for single family residences. Commissioner Diaz de la Portilla: No, it was an amendment that adds the language single-family homes to it. Commissioner Russell: Where? Ms. Mendez: Single-family homes? Commissioner Diaz de la Portilla: Well, it's supposed to be presented to the board. I don 't know if the board has it. Chair King: Do we want to defer SR -- Commissioner Diaz de la Portilla: No. Chair King: -- FR.5 until they get it? Commissioner Diaz de la Portilla: No. No, no, we don't. It's not controversial at all. Chair King: Okay. Well, because they don't -- they look like, I don't know. Commissioner Russell: I don't know what we're voting on. Arthur Noriega (City Manager): If there's a need for a change, we could always amend it between first and second reading. Could we? Chair King: Oh, that's true. It's first reading. Ms. Mendez: Yes. Commissioner Russell: It depends on the change. Ms. Mendez: Right, so it depends on the change. But can we pass it for five minutes, Commissioner? City of Miami Page 70 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Commissioner Russell: Table it. Ms. Mendez: And we table it? Yes. And well -- Chair King: Or we can pass it first reading and then by second reading we can come - - we can include the change. Commissioner Diaz de la Portilla: Yes. Chair King: Would that be okay? Commissioner Diaz de la Portilla: Yes. Chair King: So we'll pass it first reading and then -- Commissioner Diaz de la Portilla: We'll come back and well talk about it. Ms. Mendez: Okay. I just wanted -- Chair King: Before second reading. Ms. Mendez: Right. Commissioner Diaz de la Portilla: Before second reading. We just want it to be more inclusive in terms of keeping it residential and not beyond that. Chair King: Okay. Commissioner Diaz de la Portilla: That's never -- that's never the intent. Vice Chair Carollo: What numbers are we going through again? Chair King: 1, 2, and 5. Vice Chair Carollo: Okay. Chair King: All in favor? The Commission (Collectively): Aye. Mr. Hannon: Chair, I'm sorry, I didn't have a motion or a second. Chair King: I had a motion and a second. Commissioner Diaz de la Portilla: I'll motion it. Commissioner Reyes: I second. Commissioner Diaz de la Portilla: I move it. Chair King: All in favor? The Commission (Collectively): Aye. City of Miami Page 71 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 FR.2 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: 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 "Public Comments for all ltem(s) " and 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: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item FR.3 was continued to the November 17, 2022, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number FR.3, please see "Public Comments for all Item(s)"and Item Number FR.1. Chair King: Should we defer FR.3 because RE.4 was deferred? Victoria Mendez (City Attorney): I think so, but the Manager -- Chair King: Because they were companion items. Ms. Mendez: -- the Manager disagrees with me. Chair King: Okay, I'm just checking. I don't know. Because we deferred RE.4 and FR.3 relates to RE.4. City of Miami Page 72 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Commissioner Reyes: That's right. Arthur Noriega (City Manager): But FR.3 is enabling legislation, so it's not the same. There are -- Commissioner Reyes: But FR -- F -- if we deferred, anything that was done, I mean, before -- for the scooter program and you have an RFP (Request for Proposals) and all of that, I think that we should defer FR.3 also, until -- Commissioner Russell: I have a legal question on that. So, if we were to enact the ordinance but we don't have the award ready, does the pilot program stay in play or does the ordinance apply to those who are in the program? Ms. Mendez: So that's why I think it's confusing and I would rather -- Commissioner Reyes: That's right. Ms. Mendez: -- to continue on our pilot program and then when we figure out what we're doing with everything else, then we can put this new ordinance into play. I think it's confusing. We'll have two things on the books. It 's going to be super confusing. Commissioner Reyes: Yes. Ms. Mendez: I'd rather just -- you know, I'd rather they travel together. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: So -- Mr. Noriega: Just for a point of clarification -- we have a little bit of a clarification on the legislation on FR.3. Juvenal Santana: Good afternoon, Juvenal Santana, Director of Public Works. On FR.3, the language that's included in the ordinance allows the pilot program to remain in effect and incorporates all the additional safety measures and sunsets the program once a permanent scooter provider is on board. So, once contracts are executed, then it sunsets the pilot program and that's included in the ordinance. Chair King: Commissioner? Commissioner Diaz de la Portilla: There -- I think we halt the whole program. So what can we do to halt the entire program? I don 't think any particular vendor should have an advantage in continuing to operate. So FR.3, we're not approving anything else, right? We already deferred it, right, for further consideration, November 17th, correct? Mr. Noriega: Yeah, the selection process on the RFP has been deferred to the next meeting. The current program in place is a pilot program of which there is only one vendor currently operating. Commissioner Diaz de la Portilla: Correct. So that unfairly advantages one particular vendor. So we halt the entire program. We end scooters for now until we come back with a decision as a body. That 's what I would recommend. That we simply halt the program, we come back and we make a more deliberative, thoughtful decision moving. forward. City of Miami Page 73 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Chair King: Commissioner Russell? Commissioner Russell: Thank you, Chair. I agree with deferring the ordinance, if that's the will of the body, until we have an award, even though it allows for us to do so. But the pilot program, even though there 's only one operating, there 's no advantage given to that operator. Commissioner Diaz de la Portilla: Of course, you only have one operator. Commissioner Russell: If I could finish, please. It's a service. Well, others could operate if they chose to as well. Commissioner Diaz de la Portilla: No, because we're not giving them the choice. Commissioner Russell: IfI could finish, please. Commissioner Diaz de la Portilla: Of course you can. Commissioner Russell: The others weren't following the rules, and so they got knocked out. This is the last one standing on a pilot program that is offering a service to our residents, and they are using it. There are people who use it to get to work. There are people who use it to get to lunch during work, less cars on the road, et cetera. This is in my district. It's something I really support. And 1'd hate to see the service completely discontinued to the residents. But certainly, the pilot, and we can expressly state so on a re -envisioned RFP, those participating in the pilot now does not affect their participation in the RFP. I'd just like to see the service continued until a permanent program exists. Commissioner Diaz de la Portilla: The problem -- Chair King: I wouldn't want to see the service completely terminated for any amount of time. I mean, I have visited so many cities throughout the U.S. and they are doing the scooter program and they're doing it so well. I don't know why we find it so difficult to get it right here -- Commissioner Diaz de la Portilla: Because people -- Chair King: -- but without notice of stopping the program, people are using the scooters to get around. Commissioner Diaz de la Portilla: Because people have been killed in Atlanta and other places because the safety measures are not in place. So, Madam Chair -- Chair King: My -- Commissioner Diaz de la Portilla: -- Madam Chairwoman -- Chair King: Well, you know, I'm all for safety. Commissioner Diaz de la Portilla: When you'll allow me. Chair King: That was -- that was one of my biggest things. I'm all for safety. I wanted to see helmets. I wanted to see -- but we've been doing it so long, for so many months now, and then to stop it without notice. I could agree to maybe giving two weeks' notice that we're going to stop because if this is someone's only means of transportation to get to work -- City of Miami Page 74 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Commissioner Diaz de la Portilla: That's not what's happening. You have one company that's profiting from this and we haven't put the proper measures in place. What we need to do, you want to give them a three-day notice, we'll give them a three-day notice. What I would do, what I would recommend, you want to give them a three-day notice, we'll get a three-day notice. Let's end it, let's start from scratch, let's figure out if the Administration can figure out how to get it right so we have the number of vendors. And by the way, the whole program was based on a geographic political subdivision was District 2. That is no longer the case. Half of it is in yours now. So it doesn't really operate in his because technically, the way you drafted that legislation didn't allow it to operate in district -- in her district now. It's no longer yours. So it doesn't make sense. So what -- what 1 want to do is terminate the program and we'll let the will of the body decide. Chair King: Right. Commissioner Diaz de la Portilla: Terminate the program, give them a three-day notice, they're done. Let's get it right. The Administration will come back on November l7th, it's right around the corner, and say, hey, this is a solution to the problem. I want to expand the program, by the way. It's going to include the health district. It's going to include part of your district that is now what used to be Commissioner Russell's District. So it's going to work out. It's going to be actually a broader program, and 1 think we probably have the votes on this dais to pass that. But right now, what I want to do, and if my colleagues agree with me, is terminate it, leave it alone. The holiday season, nobody is going to be going to work. They're going to be playing around with the scooters. And the bottom line is we terminate it now, we come back on November 17th and we figure out a way to get it right. So that's what I recommend. I would move that we give them a three-day notice, everybody's out of business until this commission, this body, and the administration comes up with a better proposal that makes sense for Miamians and for our residents. Not for any particular company, not for one, two, three, four companies, I don 't care how many companies we have, but I do care about making it safe. Always number one, your priority, Madam Chair -- Chair King: Safety. Commissioner Diaz de la Portilla: Safety. I don't want it, and I said it from the beginning, I voted for it and I've allowed this to continue to live on because it was a good proposal and it has some merits. There is a last mile argument to be made, I get all that, but there's also a safety argument to be made. And that safety argument concerns -- concerns Commissioner Reyes, it concerns Commissioner Carollo, they don't want it in their districts because they may not want to operate there anyway at the end of the day, but that's not the point. The point is that there are safety concerns. We're all commissioners for the city of Miami. If something bad happens, if something bad happens, it's on us. So let's get it right. [Later...] Chair King: Okay, we're going to go back to FR.3. There was Commissioner Russell. Commissioner Russell: Thank you. Commissioner Diaz de la Portilla, for the last couple of years, has been the swing vote on this issue, so the cards lie with you on the direction that this goes. But I'd like to be clear on the reasoning because the pilot program currently operates under all the safety rules that you require. So, the only -- all of them got kicked out that weren't complying. The one remaining is complying with all the safety rules that you requested. So, what other reason would we have to not allow them to operate in the period leading up to a new RFP? City of Miami Page 75 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Commissioner Diaz de la Portilla: Because we are giving -- ifI may? Chair King: Please. Commissioner Diaz de la Portilla: Because we're giving preference to a -- to one vendor. And what we need to do is go through a competitive process, like we do here all the time, and make sure we pick the right vendors and the right people that give us a better deal for the city of Miami and provide the safety measures that we are advocating for and have been fighting for. So, I think the best thing we can do is just stop the program and let's get it right. 1'rn a big believer, and I know that you were the initiator of this and you've been fighting for this and you have --1'm not only the swing voter, I'm the new voter here at the end of the day, right, the new commissioner, and I want to get it right. And 1 want to make sure that 1 go through a deliberative and thoughtful process to get to the right place. So what I want to do is I want to end the program, I want to start from scratch, perhaps, but not from scratch completely. The Manager and I have spoken during the break about the possibility of them coming back with a better alternative with safety measures, additional vendors, additional companies that can play into this -- into this field and an expansion of boundaries. We don't know if we can do it within the existing RFP decision -making process, but if we can, Mr. Manager, then that 's what I want to do. I want to include other areas. I want to go beyond artificial political boundaries that would create a District 2 and create actual boundaries of places where it works, where it makes sense, including the Health District and other places. And if we can do that, you come up -- back to us on November 17th, and say, by the way, this is my plan. I include all these areas, you know, Downtown, the Health District, you know, certain parts that cross from District 2 to District 5, that we come up with a more -- a real well thought out plan. I think the first one was not. And so that's my thinking. And that's why I want to end the program now. And we come back. In a couple of weeks, it's not the end of the world. Chair King: Commissioner? Commissioner? So how long do you anticipate that we won't have scooter service? Commissioner Diaz de la Portilla: I anticipate that by November 17th, the Manager will come back to us with a plan of action. Is that correct, Manager? What you told me? Arthur Noriega (City Manager): Yeah, I will certainly do everything I can to come up with a plan, but -- Commissioner Diaz de la Portilla: A plan of action, not a plan. Mr. Noriega: No, a plan -- no, a plan of action, but in our conversation, you clearly indicated that if that plan is not sufficient, the intent is to throw the RFP process out. Commissioner Diaz de la Portilla: Correct. So what happens -- Mr. Noriega: So that would -- Commissioner Diaz de la Portilla: Hold on. Mr. Noriega: But -- but I'm speaking to the timeline, right? Commissioner Diaz de la Portilla: Okay. Mr. Noriega: So if that happens, then it could be months and months before we have the scooters reimplemented. City of Miami Page 76 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Commissioner Diaz de la Portilla: So if that happens, if you cannot come hack to us with a plan of action by November 17th -- Vice Chair Carollo: Make sure that doesn 't (INAUDIBLE). Commissioner Diaz de la Portilla: Hold on a second. If that comes back -- ifvou can't come back to us with a plan of action on November 17th, this body has a right to reinstitute the program immediately with the existing plan, right? We can say, hey, let's go back to where we started, right, where we were on October -- on October 27th, right? Mr. Noriega: You could, but I mean to demobilize them and then remobilize them again two weeks later. Commissioner Diaz de la Portilla: Well, that's up to them. That's up to them. Commissioner Russell: (INAUDIBLE) employees. Commissioner Diaz de la Portilla: Well, it's employees, but it's also safety and kids and all kinds of things that are not in place. So, what I want, members of the Commission, is to vote it -- get rid of the program for now, pause the program, let's take a step back, let's think about it, let the Manager come back to us with a proposal on November 17th and we take action at that point. Give him the opportunity to be more deliberative and get it to where we need to get. [Later...] Chair King: Now we have Discussion Item Non -Reimbursed -- Commissioner Diaz de la Portilla: We want to welcome -- Chair King: -- Grant Expenditures -- Commissioner Diaz de la Portilla: -- hold on. Hold on. Margie? Commissioner Reyes: Margie? Commissioner Diaz de la Portilla: Come back. Todd B. Hannon (City Clerk): Chair, FR.3 is still on the agenda. Commissioner Diaz de la Portilla: We want to welcome -- Chair King: I -- Commissioner Diaz de la Portilla: -- Mrs. Joe Carollo, Margie Carollo, to the chamber. Welcome. Applause. Chair King: How are you? Okay, we need to do away with FR.3 now. Commissioner Diaz de la Portilla: Alright. We have to make sure. Go over there. Chair King: Do we withdraw or defer FR.3? City of Miami Page 77 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Commissioner Diaz de la Portilla: 1 move to defer FR.3. Commissioner Reyes: Yes, 1 second. Chair King: Second. All in favor? The Commission (Collectively): Aye. Mr. Hannon: And Chair, we're deferring FR.3 to when? Chair King: November 17th. Commissioner Diaz de la Portilla: November 17th. Jinx. Victoria Mendez (City Attorney): And then did we vote on FR.1 and 2? Chair King: Yes. Commissioner Diaz de la Portilla: Yes. Commissioner Russell: Yes. City of Miami Page 78 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 FR.4 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: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item FR.4 was continued to the November 17, 2022, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number FR.4, please see "Public Comments for all Item(s)" and Item Number FR.1. Chair King: Can I have a motion? Commissioner Reyes: I move to defer FR.4. Chair King: Do I have a second? Vice Chair Carollo: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): And Chair, it is being deferred until -- Commissioner Russell: Next meeting. Chair King: Next meeting. Mr. Hannon: November 17. Commissioner Reyes: Okay. City of Miami Page 79 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Chair King: But it -- we still need to read the titles into the record. You read them? Unidentified Speaker: Not FR.4. Not iffyou're deferring. Chair King: Not to -- not to -- Ms. Mendez: Not the deferral one. FR.5 ORDINANCE First Reading 12809 Commissioners and Mayor AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE X/SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/CODE ENFORCEMENT/ADMINISTRATIVE COSTS, FINES; LIENS," TO AMEND AND PROVIDE FOR THE ALLOWANCE OF 501(C)(3) AND ELEEMOSYNARY ORGANIZATION TO OBTAIN MITIGATIONS OF CODE LIENS BEFORE THE CODE ENFORCEMENT BOARD; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number FR.5, please see Item Number FR.l. END OF FIRST READING ORDINANCES City of Miami Page 80 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 DI.1 12565 Department of Finance DI - DISCUSSION ITEM DISCUSSION ITEM A DISCUSSION OF THE MIAMI CITY COMMISSION CONCERNING NON -REIMBURSED GRANT EXPENDITURES FOR QUARTER ENDING 06/30/2022. RESULT: DISCUSSED Chair King: DLI Non -Reimbursed Grant Expenditures. Munriah Daniel: Good afternoon, Commissioners, Munriah Daniel, Assistant Director of the Finance Department. I'm here to present the quarterly report of unreimbursable [sic] grant expenditures as required by the financial integrity principles. The total non -reimbursable grant expenditures for the quarter ended June 30th are $88, 111.75. All of these expenses have since been reclassified to alternative funding sources or the respective department's general fund. Chair King: Thank you. END OF DISCUSSION ITEM City of Miami Page 81 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 BC.1 12781 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 HOUSING ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: James Angleton, Jr. (Actively engaged in home building industry in connection with affordable housing) Allan Hall (Actively engaged as a not -for -profit Provider of affordable housing) Kevin Deeb (Actively engaged as a real estate professional in connection with affordable housing) Gregory Gay (An individual who resides within the jurisdiction of the city) Ben Fernandez (A person who represents employers within the city) ENACTMENT NUMBER: R-22-0425 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Commission -At -Large Commission -At -Large Commission -At -Large Commission -At -Large Commission -At -Large Chair King: Is there any others? Todd B. Hannon (City Clerk): Yes. Chair King: Okay. Mr. Hannon: BC.1, Affordable Housing Advisory Committee, Department of Housing and Community Development is recommending appointment of and seeking the Commission's confirmation of the following individuals: James Angleton, Jr., Alan Hall, Kevin Deeb, Gregory Gay, and Ben Fernandez. City of Miami Page 82 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 BC.2 12664 Office of the City Clerk Commissioner Reyes: Move it. Commissioner Russell: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Okay. 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. APPOINTEES: Porfirio Jimenez (AFSCME Local 1907) Olga Torres (AFSCME Local 1907) ENACTMENT NUMBER: R-22-0426 MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Adopt ADOPTED Ken Russell, Commissioner Manolo Reyes, Commissioner King, Russell, Reyes Carollo, Diaz de la Portilla NOMINATED BY: Commission -At -Large Commission -At -Large Chair King: At this time, we will take up the boards and committees. Todd B. Hannon (City Clerk): So, Chair, I will request -- will respectfully request, I will be able to address maybe one of the board items, but we may have to come back to the others towards the tail end of the meeting. So, if you can bear with me for just one moment. BC.2, General Employees and Sanitation Employees Retirement Trust has submitted the following -- I'm sorry, AFSCME (American Federation of State, County and Municipal Employees) Local 1907 has submitted the following names for the Commission's consideration and approval: Olga Torres and Porfirio Jimenez. Commissioner Russell: So moved. Chair King: Can I have a motion? Commissioner Reyes: Second (INAUDIBLE). Chair King: Second. All in favor? The Commission (Collectively): Aye. City of Miami Page 83 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 BC.3 12787 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE HOUSING AND COMMERCIAL LOAN COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: Erica Paschal (A member from City Administration nominated by the City Manager and appointed by the City Commission) ENACTMENT NUMBER: R-22-0427 MOTION TO: RESULT: MOVER: SECONDER: AYES: NOMINATED BY: City Manager Arthur Noriega, V Adopt ADOPTED Alex Diaz de Ia Portilla, Commissioner Christine King, Commissioner King, Carollo, Russell, Diaz de Ia Portilla, Reyes Todd B. Hannon (City Clerk): And BC.3 requires five commissioners on the dais. So we can either wait for Commission Carollo, or you can adjourn the meeting. Commissioner Diaz de la Portilla: No. Chair King: I think well wait. Commissioner Diaz de la Portilla: We're going to wait for Commissioner Carollo, who is having a snack, I think. Commissioner Reyes: Taking a nap. Commissioner Diaz de la Portilla: Should be here -- or a nap. One or the other. He should be here in a minute. Chair King: Who are we appointing to the Loan Committee? Mr. Hannon: BC.3 is the Housing and Commercial Loan Committee. The Department of Housing and Community Development is recommending reappointment of the following individuals: James Angleton Jr., Allan Hall, Kevin Deeb, Gregory Gay, Ben Fernandez, all requiring a 5-5 term -waiver. and City Manager Arthur Noriega will -- would like to reappoint Erica Paschal. Commissioner Diaz de la Portilla: What are the names again? Mr. Hannon: So, for the Housing and Commercial Loan Committee, the Department of Housing and Community Development is recommending reappointment of the following individuals, that's James Angleton Jr., Allan Hall, Kevin Deeb, Gregory Gay, and Ben Fernandez. They all require a 5-5 term -waiver. Chair King: Are they all city of Miami residents? Mr. Hannon: This board does not have that requirement. City of Miami Page 84 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Chair King: 1 see. Commissioner Diaz de la Portilla: Are -- is Ben Fernandez a land use lawyer? Is it the same Ben Fernandez? Mr. Hannon: Yes. Commissioner Diaz de la Portilla: Okay. The attorney, land use lawyer. Is there a conflict there for him? Mr. Hannon: He's been serving on the board, so not to my knowledge. Commissioner Diaz de la Portilla: Well, he could've been serving on the board, but -- Mr. Hannon: No, no, no. Commissioner Diaz de la Portilla: -- it's -- Mr. Hannon: That's why I prefaced it -- Commissioner Diaz de la Portilla: -- it's not the question, is it? Mr. Hannon: -- with not to my knowledge. To the best of my knowledge. Commissioner Diaz de la Portilla: Okay. Chair King: And so there's no like D5 (District 5) appointment, DI (District 1) appointment? It's just -- Commissioner Diaz de la Portilla: They're all at -large appointments. And who recommended the appointments? The Administration? Mr. Hannon: Department of Housing and Community Development. And then the City Manager is requesting to reappoint Erica Paschal. She's the finance director and (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: Well, I think -- I think that we probably should -- what I recommend is that we defer this item. So I can take a second look at those names. I don't know them. Perhaps what the City Manager is recommending -- well, hold on a second, let me finish. What the City Manager recommends, I will accept because I am sure he is doing it for a particular reason, an important reason. But the other ones, I think we wait and take -- so at least I have an opportunity to take a second look at those names and see who they are and what they represent to this board. I'm sorry, Mr. Spring, yes? Larry Spring: Larry Spring, Chief Financial Officer. Contextually, the board requirements, they're not by district, or whatever, because there are classifications or qualifications. Commissioner Diaz de la Portilla: Right, of course, there's different categories but it still requires City of Miami Commission approval. Mr. Spring: No, no, it does. I am just saying -- Commissioner Diaz de la Portilla: Right. So, I want to see who they are. City of Miami Page 85 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Mr. Spring: -- the reason why it is not by district is because of its categories. Commissioner Diaz de la Portilla: 1 understand. But the important thing, Madam Chair, is that 1 want to make sure that we know who they are. Mr. Spring: Right. Commissioner Diaz de la Portilla: Because we -- too often we name people to boards and we don't know who the heck they are, and then we run into problems that we have with PZAB (Planning, Zoning and Appeals Board) now, and with all kinds of boards, people that take measures that they shouldn't be taking because they think they have the authority to do it even though they're not duly elected officials. So, all I want to do is take a look at them -- Mr. Spring: No, no, I -- Commissioner Diaz de la Portilla: -- and bring it back on November 17th. That's it. Mr. Spring: Not a problem. Commissioner Diaz de la Portilla: Maybe they're all -- Mr. Spring: I just wanted you to be aware that it's categories. Commissioner Diaz de 1a Portilla: -- maybe they're all great people and great citizens and great supporters of democracy and everything else, but 1 want to take a look at it, you know? Mr. Spring: And you do have city of Miami residents on there. Commissioner Diaz de la Portilla: How many are not city of Miami residents? Mr. Spring: I -- well, probably two of those four. Chair King: And -- Commissioner Diaz de la Portilla: They're not -- and where -- I'm sorry, if I may finish. Chair King: Go ahead. No, I'm sorry. Commissioner Diaz de la Portilla: Thanks. How many are not city of Miami residents? Mr. Spring: That's -- of the whole board, I'm not sure. Commissioner Diaz de la Portilla: Okay, well -- Mr. Spring: I just know two of 'them personally -- Commissioner Diaz de la Portilla: -- let's take a look at it. Let's take a look at it. Mr. Spring: Yeah. Commissioner Diaz de la Portilla: I want to take a look at it. City of Miami Page 86 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Chair King: 1 would, too, 1 just wanted to know if -- if by not moving forward with this, is there any time sensitive issue? is something going to happen? Are we going to lose a grant or anything like that? Because I don 't want to see that happen. Commissioner Reyes: (INAUDIBLE). George Mensah: George Mensah, Director of Community -- Housing and Community Development. The -- we have some items. One of them got PH (Public Hearing) -- I believe -- RE.11, for example, we have to meet next month, and -- and they're ready to close, so if we don't have the board members, then we cannot be able to close -- close those loans. Commissioner Diaz de la Portilla: There is no deadline. Mr. Mensah: Huh? Commissioner Diaz de la Portilla: There is no deadline. Mr. Mensah: They -- Commissioner Diaz de la Portilla: No. Mr. Mensah: -- they -- they have -- there's no deadline for us, deadline for the developers. Commissioner Diaz de la Portilla: They can meet whenever they want. Mr. Mensah: I mean, the -- the group -- Commissioner Diaz de la Portilla: Yes. Mr. Mensah: -- the developer -- I gave that as an example. Apart from that, RE.11, we don't have any deadlines, or on any other project. Commissioner Diaz de la Portilla: Of course not. Mr. Mensah: (UNINTELLIGIBLE) deadline wants to close by the end of this November. Commissioner Diaz de la Portilla: That's fine, we have a November 1 7th meeting. So, I move we defer this item, Madam -- Madam Chair. I move we defer the item. Chair King: Do I have a second? Commissioner Diaz de la Portilla: Commissioner? A second. Commissioner Reyes: Second. Commissioner Diaz de la Portilla: To defer -- Chair King: A second to defer this item -- Commissioner Diaz de la Portilla: -- this item -- Mr. Hannon: Chair? Chair King: -- so we could review the -- City of Miami Page 87 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Commissioner Diaz de la Portilla: -- to defer the appointments. Mr. Hannon: Chair? Chair King: Yes? Mr. Hannon: Would you prefer just to vote on Erica Paschal and then well -- Chair King: Yes. Commissioner Diaz de la Portilla: Yes. Mr. Hannon: -- bring back a new item? Chair King: Yes. Commissioner Diaz de la Portilla: I move -- I move Erica Paschal. (COMMENTS MADE OFF THE RECORD) Chair King: Paschal. Commissioner Diaz de la Portilla: Paschal. Why are you calling it Paschal? Why are you calling it Paschal? Chair King: Second. Commissioner Diaz de la Portilla: Paschal. Arthur Noriega (City Manager): He's making her French. He wants to give her a French -- Commissioner Diaz de la Portilla: Yeah, Paschal or Paschal. Either she's Cuban or she's French. Commissioner Reyes: Madam Chair, I wasn't paying attention. Commissioner Diaz de la Portilla: How long have you been here -- Mr. Hannon: In my defense -- Commissioner Diaz de la Portilla: -- in Miami? Chair King: They recommended -- Mr. Hannon: P-A-S-C-H-A-L. Commissioner Diaz de la Portilla: Ah, Paschal. It's Paschal. It's not Pascual. Chair King: -- the recommendation is for the Housing and -- Mr. Noriega: It's Paschal. That's how she pronounces it. Commissioner Diaz de la Portilla: Paschal. Okay. Mr. Noriega: Paschal. City of Miami Page 88 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Mr. Hannon: In my defense -- (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Diaz de la Portilla: Half Cuban, half French. Okay, we get it, right. Chair King: Diaz de la Portilla would like to take -- Mr. Hannon: Just saying. Commissioner Diaz de la Portilla: Yes. Chair King: -- some time to look at the -- Commissioner Diaz de la Portilla: In your defense, you're correct. Chair King: -- persons that they're recommending. They're not necessarily city of Miami residents. They've gone by their resume, the criteria for the -- Commissioner Reyes: Okay. Chair King: -- persons to sit on this body. Commissioner Reyes: What the Commissioner is requesting is that we defer this -- Chair King: Until November 17th. Commissioner Reyes: November 17, and then -- to have a chance of -- Chair King: To review the -- Commissioner Reyes: To review. I have nothing against that. Chair King: And -- Mr. Noriega: Can I -- Madam Chair, can I ask a technical question? Chair King: Sure. Mr. Noriega: For purposes of composition of this particular board, if this item is not taken up, does the board, as it sits, remain intact? Okay, thank you. Commissioner Diaz de la Portilla: That's fine. Chair King: That's fine. Commissioner Diaz de la Portilla: Until November 17th. Chair King: Okay, so -- Mr. Hannon: So, Chair, again, my apologies. We at least had a motion and a second for -- Chair King: For Erica. Mr. Hannon: -- the -- the director of finance. City of Miami Page 89 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Chair King: Yes. All in favor? The Commission (Collectively): Aye. Chair King: So, that passes. Commissioner Diaz de la Portilla: For Erica Paschal. Paschal, right? Chair King: Right. Commissioner Diaz de la Portilla: Pascual, Paschal. Okay, we 'll figure out the name. Chair King: And this will be back on the agenda November 17th. And this will conclude -- Mr. Noriega: We can reintroduce her to you if you'd like. Chair King: Okay, and this concludes our City of Miami Commission meeting for October 27th, 2022. Yay, thank you. Commissioner Diaz de la Portilla: No, no, no, you can't conclude it yet. You have to defer the other item that we have -- Chair King: We just did. Commissioner Diaz de la Portilla: Oh, we did already. Oh, we're good. Okay, we're good. Commissioner Russell: Thank you, everybody. City of Miami Page 90 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 BC.4 12691 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING A CERTAIN INDIVIDUAL AS A MEMBER OF THE LITTLE HAITI REVITALIZATION TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Roody Meme ENACTMENT NUMBER: R-22-0428 NOMINATED BY: Commissioner Christine King MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: A motion was made by Commissioner Diaz de la Portilla, seconded by Commissioner Reyes, and was passed unanimously, with Vice Chair Carollo absent, to waive the residency requirements in Section 2-884(a) by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to Roody Meme as a member of the Little Haiti Revitalization Trust. Note for the Record: For additional minutes referencing Item Number BC.4, please see "Public Comments for all Item(s)." Todd B. Hannon (City Clerk): Chair? Chair King: Yes, we need -- checking to have -- we have one last item that needs all five of us. A board appointment that will require all five of us. Commissioner Diaz de la Portilla: Yes. Mr. Hannon: We can take at least BC4. There are two board items left. Chair King: Okay. Mr. Hannon: BC.3, Housing and Commercial Loan Committee requires five members on the dais, but BC.4, we can address with four commissioners on the dais. Chair King: Okay. Mr. Hannon: BC.4, Little Haiti Revitalization Trust. Chainvoman King will be appointing Roody Meme, who requires a four -fifths residency waiver. Commissioner Diaz de la Portilla: So move. Commissioner Reyes: Second. Chair King: All in favor? City of Miami Page 91 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 BC.5 12665 Office of the City Clerk The Commission (Collectively): Aye. Chair King: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE PLANNING, ZONING AND APPEALS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Robert Rodriguez ENACTMENT NUMBER: R-22-0429 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla NOMINATED BY: Commissioner Alex Diaz de la Portilla Todd B. Hannon (City Clerk): BC.S, Planning, Zoning, and Appeals Board Commissioner Diaz de la Portilla will be appointing Robert Rodriguez. Chair King: Should we wait until he comes back? Oh, just move it? Second? All in favor? The Commission (Collectively) Aye. Chair King: Okay. Mr. Hannon: And do I have Commissioner Russell as the second on that motion or --? Commissioner Russell: Yep. Mr. Hannon: Just want to make sure. Chair King: Okay. Mr. Hannon: And we'll need to come back to a couple of other board items. Chair King: Okay. Mr. Hannon: I need a full dais for one of them. Chair King: Okay. END OF BOARDS AND COMMITTEES City of Miami Page 92 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE First Reading 12006 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") BY AMENDING ARTICLE 1, TITLED "DEFINITIONS", AND ARTICLE 3, TITLED "GENERAL TO ZONES", TO ALLOW THE TRANSFER OF DENSITY TO WATERFRONT LOTS WHERE ADDITIONAL PUBLIC BENEFITS RELATED TO RESILIENCY AND SUSTAINABILITY ARE PROVIDED AND CERTAIN PARKING AND FRONTAGE CONDITIONS ARE MET; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.1, please see "Order of the Day" and "Public Comments for all Item(s). " City of Miami Page 93 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 PZ.2 12288 Office of Zoning 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: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: Item PZ.2 was continued to the November 17, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.2, please see "Order of the Day." City of Miami Page 94 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 PZ.3 12289 Office of Zoning 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: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: Item PZ.3 was continued to the November 17, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.3, please see "Order of the Day." City of Miami Page 95 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 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: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: Item PZ.4 was continued to the November 17, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.4, please see "Order of the Day." City of Miami Page 96 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 PZ.5 12609 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY THE CITY OF MIAMI'S ZONING DEPARTMENT REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-039 REVERSING 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 3160 NORTH MIAMI AVENUE, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A MEDICAL MARIJUANA DISPENSING FACILITY FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: Item PZ.5 was continued to the November 17, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.5, please see "Order of the Day." City of Miami Page 97 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 PZ.6 ORDINANCE Second Reading 12036 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, Planning ATTACHED AND INCORPORATED AS EXHIBIT "C", BETWEEN THE CITY OF MIAMI AND THE MOST REVEREND THOMAS G. WENSKI, AS ARCHBISHOP OF THE ARCHDIOCESES OF MIAMI, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, AND AS CONTEMPLATED IN A SETTLEMENT AGREEMENT, ATTACHED AND INCORPORATED AS EXHIBIT "D", TO GOVERN DEVELOPMENT ON THE PROPERTY LOCATED AT APPROXIMATELY 3601, 3667, AND 3675 SOUTH MIAMI AVE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBITS "A" AND "B", ATTACHED AND INCORPORATED (COLLECTIVELY, "PROPERTY"), WHICH IS ZONED CIVIC INSTITUTIONAL, "Cl" TRANSECT ZONE; AUTHORIZING THE EXISTING CIVIC INSTITUTIONAL USES LOCATED ON A PORTION OF THE PROPERTY, SPECIFICALLY 3601 AND 3667 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", TO BE EXPANDED BY UP TO, AND NOT TO EXCEED, 144,000 SQUARE FEET BEYOND THE EXISTING FLOOR AREA ON SITE BY RIGHT AND AUTHORIZING A PORTION OF THE PROPERTY, SPECIFICALLY 3675 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "B", TO BE DEVELOPED WITH AN EIGHT (8) STORY BUILDING AT A MAXIMUM HEIGHT OF EIGHTY- SEVEN FEET (87'), AND TO HAVE AN ASSISTED LIVING FACILITY USE ONLY IF DEVELOPED IN SUBSTANTIAL COMPLIANCE WITH THE PLANS WITH APPROXIMATELY 189,575 SQUARE FEET OF FLOOR AREA, ATTACHED AS EXHIBIT "D" OF THE DEVELOPMENT AGREEMENT; THE PROPERTY MAY BE FURTHER DEVELOPED WITH THOSE USES AND DENSITY PERMITTED WITHIN THE CIVIC INSTITUTIONAL, "Cl" ZONING TRANSECT, PURSUANT TO TABLE 3, ARTICLE 4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, UNDER THE EXISTING ZONING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14119 MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes City of Miami Page 98 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 PZ.6 ORDINANCE Second Reading 12036 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, Planning ATTACHED AND INCORPORATED AS EXHIBIT "C", BETWEEN THE CITY OF MIAMI AND THE MOST REVEREND THOMAS G. WENSKI, AS ARCHBISHOP OF THE ARCHDIOCESES OF MIAMI, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, AND AS CONTEMPLATED IN A SETTLEMENT AGREEMENT, ATTACHED AND INCORPORATED AS EXHIBIT "D", TO GOVERN DEVELOPMENT ON THE PROPERTY LOCATED AT APPROXIMATELY 3601, 3667, AND 3675 SOUTH MIAMI AVE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBITS "A" AND "B", ATTACHED AND INCORPORATED (COLLECTIVELY, "PROPERTY"), WHICH IS ZONED CIVIC INSTITUTIONAL, "Cl" TRANSECT ZONE; AUTHORIZING THE EXISTING CIVIC INSTITUTIONAL USES LOCATED ON A PORTION OF THE PROPERTY, SPECIFICALLY 3601 AND 3667 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", TO BE EXPANDED BY UP TO, AND NOT TO EXCEED, 144,000 SQUARE FEET BEYOND THE EXISTING FLOOR AREA ON SITE BY RIGHT AND AUTHORIZING A PORTION OF THE PROPERTY, SPECIFICALLY 3675 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "B", TO BE DEVELOPED WITH AN EIGHT (8) STORY BUILDING AT A MAXIMUM HEIGHT OF EIGHTY- SEVEN FEET (87'), AND TO HAVE AN ASSISTED LIVING FACILITY USE ONLY IF DEVELOPED IN SUBSTANTIAL COMPLIANCE WITH THE PLANS WITH APPROXIMATELY 189,575 SQUARE FEET OF FLOOR AREA, ATTACHED AS EXHIBIT "D" OF THE DEVELOPMENT AGREEMENT; THE PROPERTY MAY BE FURTHER DEVELOPED WITH THOSE USES AND DENSITY PERMITTED WITHIN THE CIVIC INSTITUTIONAL, "Cl" ZONING TRANSECT, PURSUANT TO TABLE 3, ARTICLE 4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, UNDER THE EXISTING ZONING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14119 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes City of Miami Page 99 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 PZ.6 ORDINANCE Second Reading 12036 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, Planning ATTACHED AND INCORPORATED AS EXHIBIT "C", BETWEEN THE CITY OF MIAMI AND THE MOST REVEREND THOMAS G. WENSKI, AS ARCHBISHOP OF THE ARCHDIOCESES OF MIAMI, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, AND AS CONTEMPLATED IN A SETTLEMENT AGREEMENT, ATTACHED AND INCORPORATED AS EXHIBIT "D", TO GOVERN DEVELOPMENT ON THE PROPERTY LOCATED AT APPROXIMATELY 3601, 3667, AND 3675 SOUTH MIAMI AVE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBITS "A" AND "B", ATTACHED AND INCORPORATED (COLLECTIVELY, "PROPERTY"), WHICH IS ZONED CIVIC INSTITUTIONAL, "Cl" TRANSECT ZONE; AUTHORIZING THE EXISTING CIVIC INSTITUTIONAL USES LOCATED ON A PORTION OF THE PROPERTY, SPECIFICALLY 3601 AND 3667 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", TO BE EXPANDED BY UP TO, AND NOT TO EXCEED, 144,000 SQUARE FEET BEYOND THE EXISTING FLOOR AREA ON SITE BY RIGHT AND AUTHORIZING A PORTION OF THE PROPERTY, SPECIFICALLY 3675 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "B", TO BE DEVELOPED WITH AN EIGHT (8) STORY BUILDING AT A MAXIMUM HEIGHT OF EIGHTY- SEVEN FEET (87'), AND TO HAVE AN ASSISTED LIVING FACILITY USE ONLY IF DEVELOPED IN SUBSTANTIAL COMPLIANCE WITH THE PLANS WITH APPROXIMATELY 189,575 SQUARE FEET OF FLOOR AREA, ATTACHED AS EXHIBIT "D" OF THE DEVELOPMENT AGREEMENT; THE PROPERTY MAY BE FURTHER DEVELOPED WITH THOSE USES AND DENSITY PERMITTED WITHIN THE CIVIC INSTITUTIONAL, "Cl" ZONING TRANSECT, PURSUANT TO TABLE 3, ARTICLE 4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, UNDER THE EXISTING ZONING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14119 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item Number PZ.6, please see "Public Comments for all Item(s)." Commissioner Diaz de la Portilla: I think the best thing to do is try to defer the item and just give him the opportunity to have a conversation, if you're okay with that. Commissioner Reyes: I -- Commissioner Diaz de la Portilla: So I move to defer the item, PZ.6. City of Miami Page 100 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Chair King: Second. All in favor? The Commission (Collectively): Aye. Commissioner Russell: To the November meeting, please. Commissioner Diaz de la Portilla: To November 17th. Chair King: To the November meeting. PZ.6 has been deferred -- Commissioner Reyes: PZ.6. Chair King: -- to the November meeting. Vice Chair Carollo: Maybe they didn't hear. Sir? Commissioner Diaz de la Portilla: Sir? Commissioner Reyes: Sir? Vice Chair Carollo: We're deferring the item to the next meeting. Commissioner Reyes: Yes. Next meeting. Vice Chair Carollo: Until you try to resolve this with the Administration. Commissioner Diaz de la Portilla: We're not going to vote on it today. Vice Chair Carollo: Yeah. Commissioner Diaz de la Portilla: In other words, that's what that means. We're not voting on it today, but you have to have your meetings between now and November 17th, with the commissioner from your district and with our City Manager to try to resolve the matter. But I agree with Commissioner Carollo. I think you have good people listening to you, okay? To all of you, all right. (COMMENTS MADE OFF RECORD) Commissioner Russell: Thank you. [Later...] Chair King: And the next item is RE.6. Commissioner Diaz de la Portilla: Madam Chairwoman, I'd like to reconsider PZ.6. I had conversations, Jennings disclosure here, Madam Attorney. Chair King: PZ.6. Commissioner Diaz de la Portilla: I had conversations over the last few minutes on PZ.6, I want to reconsider it and bring it back. The neighbors and the developer are now in agreement. Commissioner Russell: I hadn't heard that yet. Commissioner Diaz de la Portilla: Now you're hearing it now. I can't tell you because, you know, we have Sunshine Law. City of Miami Page 101 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Chair King: No, but what do you want to do with PZ -- Commissioner Diaz de la Portilla: I want to bring it hack up and vote it out. The neighbors -- Chair King: So -- Commissioner Diaz de la Portilla: -- the neighbors -- Chair King: Okay, we -- Commissioner Diaz de la Portilla: -- the neighbors -- Commissioner Russell: I have to hear from my office because that's where they went to discuss -- Chair King: We haven't gotten to the PZ (Planning and Zoning) items yet. Commissioner Diaz de la Portilla: They were in my office, and that's why I'm doing a Jennings disclosure, and -- Commissioner Reyes: We haven't gotten to PZ yet. Chair King: We haven't gotten to PZ yet, we're still on RE (Resolutions). Commissioner Diaz de la Portilla: Yeah, but we had deferred it, so -- Arthur Noriega (City Manager): Yeah, but it was -- Commissioner Diaz de la Portilla: -- I'd like to reconsider -- Mr. Noriega: -- it was a deferred item. Chair King: Oh, it was deferred. Commissioner Diaz de la Portilla: Yeah. Commissioner Reyes: Oh, it deferred -- (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Diaz de la Portilla: The deferral, yeah. Chair King: Okay. Commissioner Diaz de la Portilla: The deferral. Commissioner Reyes: I move it. Commissioner Russell: Put it back on the agenda. Commissioner Diaz de la Portilla: To put it back on the agenda. Chair King: To put it back on the agenda. Commissioner Reyes: Okay. City of Miami Page 102 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Commissioner Diaz de la Portilla: Yes, sorry, 1 misspoke. Chair King: Okay, so let's go back to our RE items. Todd B. Hannon (City Clerk): Chair, there is a motion -- Commissioner Russell: We need a motion. Mr. Hannon: -- by Commissioner Diaz de la Portilla to reconsider. Chair King: Yes. All in favor? Mr. Hannon: Is there a second? Chair King: Second. Commissioner Reyes: Second. Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Okay, so that item is back on. [Later...] Chair King: So do we want to move on to the Planning and Zoning items? We have -- Commissioner Russell: 7, 8. Chair King: -- 7 and 8 -- Commissioner Russell: 9 and 10. Chair King: -- 9 and 10; 7, 8, 9, and 10. At this time, I'll have our City Attorney read, for the record, the titles of these items. Todd B. Hannon (City Clerk): Chair, just for the record, it's PZ.6, 7, 8, 9, and 10. PZ.6 is back in play. Chair King: Okay. Yes, I have that. Victoria Mendez (City Attorney): So, for PZ.6, before we -- just so that when I start reading titles, everybody starts going really fast, so can we have the amendment that's being proffered to address the PZ.6 issue with the group of individuals that came -- that lived behind Glencoe this morning, that spoke to the Administration. Chair King: Are they here? I'm -- Lakisha Hull (Planning Director): Good afternoon. Chair King: Are they still here? Ms. Hull: Well, actually, the gentleman actually sent an email for the record -- City of Miami Page 103 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Chair King: Okay. Ms. Hull: -- that he's in support of the amendment to the development agreement. Chair King: Okay -- Ms. Hull: And so we have the language. Chair King: So as -- PZ.6, as amended. Ms. Hull: Yes, we have amendments to the development agreement Section 10. For the record, it would be furthermore in connection with the Carroll Manor property located at 3667 South Miami Avenue. The applicant shall plant a hedge along Mercy Way in addition to a combination of oak and palm trees of 12 to 14 feet at time of planting subject to review and approval of City of Miami staff. And that satisfies their concerns about the hedging. Chair King: Perfect. Ms. Mendez: And then PZ.9 seems to have an amendment as well from the Administration and from Commissioner Reyes. So if we can talk about that one really quick before we start. Ms. Hull: For the record, we have two substitutions for PZ.9. One was sent on October 20th and one was sent on October 27th to the commissioners. The first one is in regards to adding references to clear glasses for the walkway. And then the second one is allowing for T4, T5 and T6, to require that if a lot abuts an existing single- family resident building, the building elevation and/or balconies on the rear or side setbacks shall be set back a minimum of three feet from the property line. And so that's in regards to D4 's (District 4) request. Commissioner Reyes: That's my request, right? Ms. Hull: Yes, Commissioner. Chair King: So you're good with that? Okay. Commissioner Russell: I'll be the mover and I'll accept those amendments. Chair King: Okay. So I have a mover and a second to accept the amendments. Commissioner Reyes: That's right. I do accept the amendments. Chair King: Okay. Now, so do you still need to read? Ms. Mendez: So, now I'm -- now I'm going to read. Chair King: Okay. Ms. Mendez: I just needed to put those in the record before everything. Iris Escarra: Madam Chair, with regards to PZ.9, I had asked for two minor amendments to be included with regards to adding T5 and the T -- and the 28 feet for the top floor. I introduced them into the record for the Board's consideration to be also an amendment. City of Miami Page 104 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Chair King: That's acceptable. Chair King: That's acceptable. As amended. Commissioner Reyes: As amended. Ms. Escarra: Do you know what it is? Ms. Hull: Well, whatever is being amended, it will have to go back to PZAB (Planning, Zoning and Appeals Board) for another recommendation, so we could review it at that time. But yes, that would be acceptable. Chair King: Okay. Go ahead, Victoria. Ms. Mendez: Thank you. An ordinance of the Miami City Commission -- I'm at PZ. 6. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: With the language that Lakisha read into the record. Then PZ.7. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.8 The Ordinance was read by title into the public record by the City Attorney. Commissioner Russell: Madam Chair? Ms. Mendez: Then -- Commissioner Russell: I'm sorry (UNINTELLIGIBLE). Chair King: What happened? Ms. Mendez: -- PZ.9. Chair King: Well, I was just advised by our City Clerk, that we have a motion and a second on the floor for PZ.6 and PZ.9. So, can we just vote on those right now? Commissioner Reyes: Well, why don't we include all of them? Chair King: Because -- Commissioner Russell: She hasn't done -- Chair King: -- we have a motion -- Commissioner Russell: She hasn't read 9. Chair King: -- for 6 and 9, so -- Commissioner Reyes: 6 and 9. Chair King: Yes. Commissioner Russell: She hasn't read 9 yet. City of Miami Page 105 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Ms. Mendez: I haven't -- Commissioner Reyes: Okay. Ms. Mendez: I haven't read 9 yet. Commissioner Reyes: Okay. Okay. Okay, I -- Chair King: She hasn't read 9 as yet, Todd. Commissioner Reyes: Okay, well then 1 move it, 6 and 9. Chair King: But she has to -- Commissioner Russell: It's already been moved. Chair King: -- read 9 into the title [sic]. Commissioner Reyes: Oh, you haven 't read -- Ms. Mendez: I haven't finished. Commissioner Reyes: Listen, we miss -- Ms. Mendez: I was interrupted. Commissioner Reyes: -- we miss (FOREIGN LANGUAGE) so much. Ms. Mendez: I know. I know, I was interrupted by Commissioner -- Commissioner Reyes: Wow. Chair King: Madam City Attorney, read 9 because it's messing up Todd's -- Commissioner Reyes: You're getting slower, Victoria. Ms. Mendez: I -- I know. Chair King: It's messing up Todd's -- The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: I did read the amended title and the amendments as discussed by Lakisha and Ms. Escarra and Commissioner Reyes. Chair King: So do I have a -- Commissioner Reyes: Motion. Mr. Hannon: We already have a motion -- Chair King: I have a motion and a second. All in favor? Commissioner Russell: Just a moment. Madan Chair, is the -- is the representative for PZ.6, for the Archdiocese here? I never like throwing curveballs at the last moment, so please don't take this as a difficulty or a hardship. And I know we're on second reading, so I'm not trying to delay the situation. But in recognizing exactly City of Miami Page 106 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 where the trees are going to go, and I thank you very much for working with the neighbors to accommodate their concerns, something came up to me about Carroll Manor. I don't know how familiar my fellow commissioners are with the seniors at Carroll Manor. They lost access to the City of Miami trolley over a year ago during the pandemic. Mercy Hospital deemed that the road going into Mercy is an emergency route and our trolley used to go there, making very convenient access for those seniors to get not only to Mercy but throughout the neighborhood. We have not had any success figuring out a way to get that trolley back in there. And as we look at this swale where these trees are going to go, I suddenly realized, thinking this might be exactly what Mercy needs to get a trolley off the road in that space there to where they're not in opposition to our trolley reaching our seniors. And I'm wondering if there's anything you can do to help us work with Mercy and maybe even use this space along with our Public Works Department to get a trolley back to these seniors. Javier Avino: So, for the record, Javier Avino with law offices at 1450 Brickell Avenue here on behalf of the applicant. So, as you know, Mercy Road is not owned or controlled by the Archdiocese. It's controlled and owned by Mercy Hospital itself. My understanding is they're always sensitive to use of the road based on emergency vehicles that use that to access the hospital. We 're happy to participate in any way we can, including use of a portion of our property, as needed, to try and accommodate the City. What we want to make sure we navigate is that that doesn't come at the expense of what we just agreed to with the neighbors. Commissioner Russell: This is moving through 100 percent. I'm not trying to hold this up. Mr. Avino: So we're happy to work together with the City. We have to come back for a permit for plantings for the Carroll Manor property, as well as some reconfiguration of the surface parking that's going there. So, in connection with that, we're happy to work with your office -- Commissioner Russell: Thank you very much. Mr. Avino: -- on seeing if we can come up with anything. Commissioner Russell: Thank you. Madam Chair, the motion stands. Chair King: Okay. Commissioner Russell: I'm ready to vote. Chair King: So, all in favor? The Commission (Collectively): Aye. Chair King: Okay. Commissioner Diaz de la Portilla: Thank you, Mr. Avino. City of Miami Page 107 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 PZ.7 ORDINANCE First Reading 12607 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 399 NORTHEAST 82 TERRACE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item Number PZ.7, please see "Public Comments for allltem(s)" and Item Number PZ.6. Chair King: Can you read into the record PZ.10, so we can finish with the PZ (Planning and Zoning) items. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: Move it. Commissioner Russell: Second. Chair King: All in favor? The Commission (Collectively): Aye. City of Miami Page 108 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 PZ.8 ORDINANCE First Reading 12608 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O", SUB -URBAN TRANSECT ZONE — OPEN, TO "T4-L", GENERAL URBAN TRANSECT ZONE — LIMITED, OF THE PROPERTY GENERALLY LOCATED AT 399 NORTHEAST 82 TERRACE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.8, please see "Public Comments for all Item(s) ", Item Number PZ.6 and Item Number PZ.7. City of Miami Page 109 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 PZ.9 ORDINANCE First Reading 12603 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 ARTICLE 1, TITLED "DEFINITIONS," AND ARTICLE 3, TITLED "GENERAL TO ZONES" TO MODIFY SECTION 3.5.2, AND ARTICLE 5, TITLED "SPECIFIC TO ZONES," TO MODIFY SECTIONS 5.6.2; AND APPENDIX J: WYNWOOD NEIGHBORHOOD REVITALIZATION DISTRICT ("NRD-1") OF THE MIAMI 21 CODE, MORE SPECIFICALLY BY AMENDING ARTICLE 5, TITLED "SPECIFIC TO ZONES" IN ORDER TO AMEND THE DEFINITION OF FLOORPLATES, INTRODUCE A DEFINITION FOR MEZZANINE, AMEND BUILDING CONFIGURATION REQUIREMENTS TO PROVIDE FLEXIBILITY IN THE DESIGN OF BUILDINGS WITHIN T6 TRANSECT ZONES AND ESTABLISHED SETBACK AREAS, AND ALLOW WALKWAY CONNECTIONS BETWEEN TOWERS LOCATED WITHIN NRD-1; 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: Manolo Reyes, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.9, please see "Public Comments for aliltem(s)" and Item Number PZ.6. PZ.10 ORDINANCE First Reading 12770 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY AMENDING ARTICLE 4,TABLE 4, TITLED "STANDARDS AND TABLES/DENSITY, INTENSITY AND PARKING," TO PROVIDE FOR SPECIFIC PARKING RELIEF TO PROPERTIES WITHIN THE T5-L AND T5-O AND CI TRANSECT ZONES FOR CERTAIN USES WHEN THE USES SOLELY SERVE NEEDS OF CHILDREN AND ARE AFFILIATED WITH AN ABUTTING APPROVED RESCUE MISSION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.10, please see "Order of the Day" and Item Number PZ. 7. City of Miami Page 110 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 END OF PLANNING AND ZONING ITEM(S) City, of Miami Page 111 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 FL - FUTURE LEGISLATION FL.1 12614 City Manager's Office FL.2 12615 City Manager's Office ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 1, TITLED "DEFINITIONS"; ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS"; AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES"; AND APPENDIX A, TITLED "NEIGHBORHOOD CONSERVATION DISTRICT", TO REPLACE OR STRIKE REFERENCES TO THE NEIGHBORHOOD ENHANCEMENT TEAM ("NET') FROM THE MIAMI 21 CODE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO EXPEDITED STATE REVIEW PROCEDURES ESTABLISHED IN SECTION 163.3184, FLORIDA STATUTES, BY AMENDING THE TEXT WITHIN MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, SPECIFICALLY STRIKING OR REPLACING REFERENCES TO THE NEIGHBORHOOD ENHANCEMENT TEAM WITHIN THE FUTURE LAND USE ELEMENT; ADDRESSING THE GEOGRAPHY OF THE NEIGHBORHOOD ENHANCEMENT TEAM AREAS FOR THE PARKS, RECREATION AND OPEN SPACE ELEMENT; PROVIDING AN APPENDIX TO THE PARKS, RECREATION AND OPEN SPACE ELEMENT WHICH MAPS THE NEIGHBORHOOD ENHANCEMENT TEAM AREAS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 112 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 NA.1 12893 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND AUTHORIZING TERMINATION OF THE CITY OF MIAMI ("CITY") PILOT PROGRAM FOR SHARED MOTORIZED SCOOTER SERVICES, WITH THREE (3) DAYS WRITTEN NOTICE, UNTIL SUCH TIME AS A FINAL DETERMINATION IS MADE WITH RESPECT TO REQUEST FOR PROPOSALS ("RFP") NO. 1170387 FOR THE PROVISION OF SAID SERVICES, FOR THE CITY'S DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("RPW"); AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0424 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Carollo, Diaz de Ia Portilla, Reyes NAYS: King, Russell Victoria Mendez (City Attorney): Commissioner, could I just bring up one point? Right now I don't have the contracts or the permit language. I'm trying to get them. Commissioner Diaz de la Portilla: It doesn't matter. It's very -- it doesn't matter right now because we're coming back on November 17th. Ms. Mendez: Okay, so we're not doing anything and we'll do this on November 17th. Commissioner Diaz de la Portilla: We're going to halt the program. I'm going to move that we halt the program, three-day notice. We come back on November 17th and we'll have the conversation at that point. Ms. Mendez: Right. Commissioner Diaz de la Portilla: That's what I'm doing. Ms. Mendez: So that's what I need. Commissioner Diaz de la Portilla: We can discuss that on November 17th, okay? Ms. Mendez: That's what I need the either permits or the contract that we presently have because it's not necessarily an agenda item today. So I need to see is it an administrative that he could do it whenever. Commissioner Diaz de la Portilla: It's a directive from the Commission to the Administration. City of Miami Page 113 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Ms. Mendez: Right, but it depends. There a difference between, you know, terminating it in three days than terminating -- Chair King: She has to see -- Arthur Noriega (City Manager): Yeah, there's -- there's probably language relative to terminating for cause versus terminating not for cause. Chair King: Right, you don't want to -- Mr. Noriega: Can 1-- Chair King: You don't want to act and then it's outside of the terms of the contract and then the City is held liable for something. Mr. Noriega: Can I? Can I? Commissioner Diaz de la Portilla: How you guys figure it out doesn't really matter to me. What matters to me is that we terminate the program in three days. Mr. Noriega: Can 1 appeal one last chance to your -- your -- Commissioner Russell: (INAUDIBLE). Commissioner Diaz de la Portilla: My better angels? Mr. Noriega: Yes, your better angel here. Just -- just keep in mind that we -- there's a strong possibility we're terminating an agreement that we could potentially reinstate in two or three weeks. Why not wait until that November 17th meeting and if you feel like we haven't presented a plan that's to your satisfaction, and you feel like, hey, I want to throw the whole process out and reissue a new one, then we could terminate the existing vendor and just wait? Chair King: I agree. I think -- Commissioner Reyes: Well -- Commissioner Diaz de la Portilla: I know, but I want to see what Commissioner Reyes thinks. Commissioner Reyes: Everybody knows my position, and I don't want in my conscience a death, or somebody that gets maimed, or get -- becomes paraplegic, as I have seen and I have analyzed statistics, not only in the United States, in Europe, about the danger of this. Everybody talks about the first and the last mile, but it has been proven that, in particular, in Downtown Miami, and even in Coral Gables, it was used more for leisure. People, they were having fun, and even very young people that were driving. And so, I would vote against this. Commissioner Diaz de la Portilla: Before Commissioner Carollo goes to the restroom, I want to kill the program. It's a directive. I move that we direct the City Manager to stop the program in three days, and I want to take a vote on that, Madam Chair. Ms. Mendez: Can we have like five minutes, please? City of Miami Page 114 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Commissioner Diaz de la Portilla: No. I want to kill -- no, no, we're done. We have, hut the problem is -- we just take -- let's take a vote on it. Let's just take a vote on it. Commissioner Reyes: You don't want that. Commissioner Diaz de la Portilla: I know he has to go, but he can vote right now in two minutes. Vice Chair Carollo: Yeah, I'm against it. Commissioner Diaz de la Portilla: 1 know. Vice Chair Carollo: Anything with scooters, I'm against it. Commissioner Diaz de la Portilla: All right, so let's vote on it. Commissioner Reyes: Me too. Commissioner Diaz de la Portilla: That's exactly why I want to take the vote now. If you go to the restroom, you may change your mind. I don't want to have this to stay here. Commissioner Reyes: You don't want him to change his mind. Chair King: Okay, Commissioner, I was just advised, Todd always gives me the protocol, 1 don't have a second and I need to open it up for public comment because it's not on the agenda. Commissioner Diaz de la Portilla: Okay, so -- alright, I need a second. Commissioner Reyes: Second. Commissioner Diaz de la Portilla: Okay, open up for public comment. Chair King: Is there anyone here who would like to speak on this issue, the scooter issue? Seeing none, all in favor? Commissioner Reyes: Aye. Commissioner Diaz de la Portilla: Aye. Vice Chair Carollo: Nay. Chair King: Nay. Commissioner Reyes: About killing the program? Commissioner Russell: Nay. Commissioner Reyes: We're talking about killing the program. Todd B. Hannon (City Clerk): The motion fails 2-3. Chair King: The motion fails. (COMMENTS MADE OFF THE RECORD) City of Miami Page 115 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 Mr. Hannon: Commissioner Carollo, Commissioner King, and Commissioner Russell voted no. Commissioner Diaz de la Portilla: No, to kill. No, I think you misunderstood the -- no, no. You're voting against halting the program? Vice Chair Carollo: Excuse me? Commissioner Diaz de la Portilla: Are you voting against halting the program? Chair King: You voted to let the program -- Commissioner Diaz de la Portilla: The vote is to halt the program. Chair King: -- keep going. Vice Chair Carollo: The vote it to -- Chair King: Keep the program. Commissioner Diaz de la Portilla: You have to vote with me because that way -- Chair King: Right. Commissioner Diaz de la Portilla: -- we stop the program. Commissioner Reyes: No. No, no. Vice Chair Carollo: No, no, no, I'm not -- I'm not (INAUDIBLE). Commissioner Diaz de la Portilla: Yeah, so -- yeah, so -- Chair King: Okay, so you have to change your vote, because you voted -- Vice Chair Carollo: Yeah. Commissioner Diaz de la Portilla: Yes. Vice Chair Carollo: Yeah, I think you're misunderstood me -- Chair King: Or can I just say no, it's done. Vice Chair Carollo: -- Mr. Clerk. I think you misunderstood -- Chair King: No. It's done. Vice Chair Carollo: -- me. Commissioner Diaz de la Portilla: Aye. Mr. Hannon: So then -- Commissioner Diaz de la Portilla: You have to vote yes. Mr. Hannon: And my apologies, Commissioner Diaz de la Portilla -- Vice Chair Carollo: Yes. City of Miami Page 116 Printed on 7/5/2024 City Commission Meeting Minutes October 27, 2022 ADJOURNMENT Commissioner Diaz de la Portilla: Yes. Mr. Hannon: -- I have Commissioner Reyes, Commissioner Diaz de la Portilla, Commissioner Carollo voting in favor of the motion. Commissioner Diaz de la Portilla: Correct. Commissioner Reyes: In favor of -- Vice Chair Carollo: Yes. Commissioner Reyes: -- halting the -- Mr. Hannon: Of the motion. So, the motion passes 3-2. Commissioner Diaz de la Portilla: Correct. Commissioner Reyes: 3-2. Mr. Hannon: With Commissioner King and Commissioner Russell voting no. Commissioner Diaz de la Portilla: Correct. Vice Chair Carollo: Okay. Mr. Hannon: Understood. Vice Chair Carollo: Thank you. Chair King: Okay. Commissioner Diaz de la Portilla: Now you can go to the restroom. Commissioner Reyes: You thought that he'd change his mind even before going to the restroom. The meeting adjourned at 4:18 p.m. City of Miami Page 117 Printed on 7/5/2024