HomeMy WebLinkAboutCC 2020-04-09 MinutesCity of Miami
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Meeting Minutes
Thursday, April 9, 2020
9:00 AM
City Commission Meeting
City Hall
City Commission
Francis X. Suarez, Mayor
Keon Hardemon, Chair, District Five
Ken Russell, Vice Chair, District Two
Alex Diaz de la Portilla, Commissioner, District One
Joe Carollo, Commissioner, District Three
Manolo Reyes, Commissioner, District Four
Arthur Noriega, V, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
City Commission
Meeting Minutes April 9, 2020
9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Chair Hardemon, Vice Chair Russell, Commissioner Diaz de la Portilla,
Commissioner Carollo and Commissioner Reyes.
On the 9th day of April 2020, the City Commission of the City of Miami, Florida, conducted
and broadcasted a virtual meeting from its regular meeting place in City Hall, 3500 Pan
American Drive, Miami, Florida, in regular session. The Commission Meeting was called to
order by Chair Hardemon at 9:39 a.m., and adjourned at 1:27 p.m.
Note for the Record: Commissioner Carollo joined the virtual meeting at 9:42 a.m., and
Commissioner Reyes joined the virtual meeting at 10:23 a.m.
ALSO PRESENT:
Arthur Noriega, V, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
ORDER OF THE DAY
Chair Hardemon: Welcome to the Miami City Commission meeting designated April 9, 2020.
Pursuant to Executive Order Number 2069, issued by the Office of Governor Ron DeSantis on
March 20, 2020, municipalities may conduct meetings of their governing boards without
having a quorum of its members present physically at any specific location, and utilizing
communications media technology, such as telephonic or video conferencing, as provided by
Section 120. 545(b)(2) Florida Statutes. Procedures for the public comment will be explained
by the City Attorney shortly. The members of the City Commission appearing remotely for this
meeting will be Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes; Ken Russell, the Vice
Chair; and me, Keon Hardemon, the Chairman. Madam City Attorney, will you please state
the procedures to be followed during this meeting.
Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. Any person who is a
lobbyist, pursuant to Chapter 2, Article 6 of the City Code, must register with the City Clerk
and comply with related City requirements for lobbyists before appearing before the City
Commission. A person may not lobby a City official, board member or staff member until
registering. A copy of the Code section about lobbyists is available in the City Clerk's Office
or online at municode.com. Any person making a presentation, formal request or petition to
the City Commission concerning real property must make the disclosures required by the City
Code in writing. A copy of the City Code section is available at the Office of the City Clerk or
online at municode.com. In accordance with Section 2-33, Subsection "F" and Subsection "G"
of the City Code, the agenda and the material for each item on the agenda for this virtual
meeting was published and made available to the Mayor, members of the City Commission,
and to the public, at least five business days in advance of the meeting. The material for each
item on the agenda is available during business hours at the City Clerk's Office, and online 24
hours a day at miamigov.com. Any person may be heard by the City Commission through the
Chair and upon registering pursuant to the published notice for not more than two minutes on
any proposition before the City Commission unless modified by the Chair. Since this is a
virtual meeting as authorized by the Governor of the State of Florida, members of the public
wishing to address the body may do so by visiting miamigov.com/virtualmeeting to upload
their video comments or to submit their written comments via the online comment forum.
Members of the public may also call 305-250-5353 to provide comments via the dedicated City
of Miami public comment voice mail. All comments submitted will be included as part of the
public record for this virtual meeting, and will be considered by the City Commission prior to
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Meeting Minutes April 9, 2020
any action taken. The City will accommodate any speakers desiring to appear in person
subject to all applicable emergency measures in place to prevent the further spread of COVID-
19. Speakers who appear in person will be subject to screening for symptoms of COVID-19.
Any person exhibiting any symptoms of COVID-19 will not be permitted to enter City Hall. All
interested parties are required to abide by all State, county and local emergency orders and
urged to remain home, and practice social distancing. For propositions being continued or
rescheduled, the opportunity to be heard may be at such later date before the City Commission
takes action on such proposition. When addressing the City Commission, the member of the
public must first state his or her name, his or her address, and what item will be spoken about.
When the City Commission takes action or votes on any proposition before it, it shall do so by
a roll call vote recorded by the Clerk, included in the record. Anyone wishing to appeal any
decision made by the City Commission for any matter considered at this meeting may need a
verbatim record of the item. A video of this meeting may be requested at the Office of
Communications, or viewed online at miamigov.com. Please silence all cell phones and other
noise -making devices. Any person with a disability requiring assistance, auxiliary aids and
services of this meeting may notes the City Clerk. Please note Commissioners have generally
been briefed by City staff and the City Attorney on the items on the agenda today. The City of
Miami is using Zoom to hold its April 9, 2020 virtual regular City Commission meeting. Zoom
is a cloud platform with video and audio conferencing, collaboration, chat and webinars
across mobile devices, desktops, telephones and room systems. In order to ensure the public
has the ability to view the meeting, the City Communications Department will broadcast the
meeting on all the usual channels and avenues that are provided when a City Commission
meeting is held fully in Commission chambers in City Hall. The meeting can be viewed online
at miamigov.com through the City's Facebook page at facebook.com/cityofmiamigov on the
City's Periscope channel, twitter.com/cityofmiami, or on Channel 77, Comcast. The broadcast
will also have closed captioning. Additionally, the City has not selected a virtual platform that
requires the public to purchase or download any additional software equipment to watch this
meeting. Aside from the Zoom platform -- I'm sorry -- and participants appearing remotely,
the public will have no discernible difference in their ability to watch the meeting. The City
has developed several new methods of ensuring public comment for a virtual meeting as
established in the following three options: The first new option allows the public to provide
public comments via the dedicated City of Miami public comment voice mail by calling 305-
250-5353, where the individual will be able to leave a two -minute message that will be played
during the virtual Commission meeting. The second option allows for the public to submit a
two -minute video to be played during the virtual Commission meeting. The third option allows
the public to make comments via the City's online comment forum. The comments submitted
through the comment forum have been distributed to the elected officials and City
Administration throughout the day so the elected officials can consider the comments prior to
taking any action. Additionally, the online comment forum will remain open during the
meeting to accept comments and distribute to the elected officials up until the Chairman closes
the public comment period. For all of the aforementioned options, all the comments received
will be included in the public record of the meeting. For these three options, the City has also
created a simple set of instructions explaining how the public may submit their comments with
either option. These instructions provide notice to the public and published online at
miamigov.com/virtualmeeting. Additionally, like any other City Commission meeting, the
public may provide public comment at City Hall. The City has set up a terminal at the -- in the
event members of the public travel to City Hall to provide public comment. Due to COVID-19,
all speakers desiring to appear in person will be subject to applicable emergency measures in
place to prevent the further spread of COVID-19. Speakers who appear in person will be
subject to screening for symptoms of COVID-19. Any person exhibiting any symptoms of
COVID-19 will not be permitted to enter City Hall and will be able to participate through the
remote options described above. These four public comment options were established and
provided for, for the virtual regular City Commission meeting and comply with Section
286.0114 and Section 120.54 Florida Statutes. The City has published an agenda, as well as
included notice to the public pursuant to our City Code on the items and topics that will be
discussed in the virtual regular City Commission meeting. Additionally, the public is given the
opportunity to provide public comment during the meeting through the terminal at City Hall
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Meeting Minutes April 9, 2020
and online public comment forum, and with reasonable proximity and time before the meeting
and during the meeting via the public comment voice mail, online public comment forum and
public comment video upload. Section 286.0114, Section 4, Subsection "C" of Florida Statutes
specifically authorize the City's prescribed procedures and forms for individuals to use in
order to inform the board or Commission of a desire to be heard; to indicate his or her
support, opposition or neutrality on a proposition. The City through its public comment
options has provided different procedures and forms to indicate among other things, his or her
support, opposition or neutrality on the items and topics to be discussed at the virtual
Commission meeting. The City provided the information on how to submit its comments in the
notice to the public on a dedicated web page and via social media channels. Commissioners,
are you comfortable with the notice provisions set forth and the uniform procedures we have
established for this meeting?
The Commission (Collectively): Yes.
Mr. Min: Thank you.
Later...
Chair Hardemon: Mr. Manager, you're recognized as far as any motions for -- or any
requests for continuances or withdrawals, deferrals, or anything of that nature.
Art Noriega (City Manager): So for the order of the day -- good morning, Mr. Chairman, Mr.
Vice Chair, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the
Administration would like to defer and/or withdraw the following items: To be deferred to the
April 23 meeting, RE.6. It's the pilot program for electric cargo bikes; to be deferred to the
June 11 meeting, RE.8, which is the revocable license agreement for Event Entertainment
Group, Ultra; to be indefinitely deferred, RE.9, which is to approve the motorized scooter pilot
program extension; to be indefinitely deferred, FR.1, which is amending the Code, Chapter 8,
the permanent motorized scooter program; to be deferred to April 23, FR.2, which is to amend
the Code, Chapter 23, reference historic preservation; to be indefinitely deferred, DI.1, which
is the annual report for boards and committees; to be indefinitely deferred, DI.2, which is the
discussion unreimbursed grant expenditures; and to be indefinitely deferred, DI.3, which is the
discussion regarding the Transit Alliance Better Bus Project. The following PZ (Planning and
Zoning) items: To be deferred to June 28, PZ 1, which is land use, 3040 Carter Street, 3065,
3069, 3091, and 3095 Plaza Street; to be deferred to June 28, PZ.2, which is the rezoning of
3040 Carter Street, 3065, 3069, 3091, and 3095 Plaza Street; to be deferred to October 8,
PZ.3, which is the mural decision appeal, relocation at 78 Northwest 37th Street; to be
deferred to October 8, PZ.4, which is the mural decision appeal, qualified applicant status; to
be deferred to October 8, PZ 5, which is the mural decision appeal relocation at 70 Northwest
37th Street; to be deferred to April 23, PZ 6, which is the zoning text, marinas in CS, Civic
Space; and to be deferred to April 23, PZ.7, which is the zoning text, public storage facilities,
district zones only. And that concludes the order of the day.
Commissioner Reyes: How about --?
Chair Hardemon: Are there any Commissioners that want to be acknowledged for any
deferrals, withdrawals, or continuances?
Commissioner Reyes: How About BC.1 through 4?
Chair Hardemon: Yes; PZ [sic].1, 2, 3, 4, 5, 6, and 7 were all slated for continuance.
Mr. Noriega: Mr. Chairman?
Chair Hardemon: Yes.
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Mr. Noriega: Is that my Commissioner Diaz de la Portilla is having some --
Commissioner Reyes: Yeah, board -- I said, "BC" (Boards and Committees).
Mr. Noriega: (UNINTELLIGIBLE) back on.
Commissioner Reyes: They're going to be deferred, 1, 2, 3, and 4; the Boards and Committees.
Mr. Noriega: Yeah, those are going to be deferred, as well. Yeah, Boards and Committees, as
well.
Commissioner Reyes: Okay. That's right.
Todd B. Hannon (City Clerk): Chair, there is one appointment to be made to BC.4.
Chair Hardemon: And you said a continuance?
Mr. Hannon: No. There is one appointment to be made to Item BC.4, Planning, Zoning and
Appeals Board.
Chair Hardemon: Oh. So you're saying -- Commissioner Reyes was saying, "BC.1, 2, 3, and
4"?
Commissioner Reyes: Yeah, that's right.
Chair Hardemon: As in --
Commissioner Reyes: Boards and Committees.
Chair Hardemon: Oh, okay. Well, no, that wasn't on here, on that.
Commissioner Reyes: "B," as in "boy."
Chair Hardemon: Okay.
Mr. Hannon: It's no problem for them to show no action taken, but during -- at some point in
time in the meeting, BC.4, there is an appointment to be made.
Commissioner Reyes: Okay, okay.
Chair Hardemon: Are there any other items that --
Commissioner Reyes: Yeah, that's fine with me. We can do it. I mean, that's fine.
Chair Hardemon: Seeing that there -- is there a motion in accordance with what's been stated
on the record?
Commissioner Reyes: Move it.
Chair Hardemon: Seconded by the Chair. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? That motion carries.
Mr. Hannon: And Chair, for the record, I have the vote as 4-0, absent Commissioner Diaz de
la Portilla.
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Chair Hardemon: Mr. Mayor, do you want to be recognized?
Mayor Francis Suarez: Thank you, Mr. Chair. I just briefly want to thank all the
Commissioners again for all their support, for the unity that we've shown as a city. Everyone
are going in the same direction, focusing on the things that are most important, which is
supporting our Manager in the decisions that he's had to make to keep our residents safe,
number one; number two, focusing on unemployment, and making sure that those who are
without jobs right now can find a way to get through the system and get their unemployment
checks; number three, helping those who are having a hard time getting fed and, you know,
feeding them either through the farm share programs that we're doing, or through the feeding
programs that we approved at the special Commission meeting. So I just want to thank the
Commission for their hard work. It's gone noticed by the public and thank you again for all
the support that you've given me and all the calls and well wishes. Thank you.
PUBLIC COMMENT FOR ALL ITEM(S)
7385 DISCUSSION ITEM
Office of the City
Clerk
PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE
PUBLIC FOR THE APRIL 9, 2020 VIRTUAL CITY COMMISSION
MEETING
Chair Hardemon: At this time, what I'd like to do is open up public comment. So we have our
morning agenda items. We shall open up our public comment to allow for individuals who are
scheduled for public comment, who are providing for public comment, who have sent in public
comment to be heard. So I guess IT (Innovation and Technology Department) will take care of
that for us.
Unidentified Speaker: Stand by; video playing.
Rachel Furst: Hi. My name is Rachel Furst, and I'm the president of the Morningside Civic
Association. I live at 570 Northeast 57th Street, in Miami, Florida. And I am today providing
public comment on Agenda Items 1 and 3, which are Resolutions 7293 and 7307, which would
permit the City Manager to apply for funding for improvements to and repair of Morningside
Park. The Morningside Civic Association has -- board has voted in favor of supporting these
resolutions. These monies are badly needed to improve aspects of the park. It would be a
shame for the City to pass up on monies that might be available to complete renovations and
improvements. And specifically, the boat ramp and kayak launch, and baywalk are in need of
repair. The shoreline needs shoring up essentially in order to guard against the sea level rise
that we all know is coming. So the Morningside Civic Association wholeheartedly endorses
these resolutions and asks this Commission to vote in favor of both resolutions which would
allow the City Manager simply to seek permission to apply for these funds. Thank you for your
time and consideration, and for your support of this important City green space. Thank you.
Rebecca Martinez: Hello, Mayors and Commissioners. My name is Rebecca Martinez. I am a
resident of 50 Biscayne and of downtown Miami since 2007. I'm also the owner of Ideal
Personnel Services that is established here in downtown, and we have over a hundred staff
within our company. We've been in business for over 10 years. I not only live here; my
daughter lives here, my family lives here, so that includes my parents, my grandparents, my
siblings and their family, my business partner and his family. So we're all here in 50 Biscayne,
part of the downtown community. I want to start by thanking you for having cancelled Ultra in
2020, and made a decision that definitely has saved many lives. But I do want to ask you to
continue to cancel it from returning for the following years of 2021 and 2022. First reason is
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to maintain that the virus doesn't continue to spread. This is not a solution that's going to
resolve itself within this year. Until we have a vaccination in place, it could be reoccurring for
the next few years. Number two, of course, as you're heard on many other discussions, it is a
high noise level, and a danger not just to our hearing, our health and our property. We ask
that you give us freedom from this excessive noise. Number three, one that drives me nuts, the
trucks and the construction are constantly going, day and night. It doesn't allow us to sleep.
During the day, it ruins the peace of being in our building. The sleeping part is huge. I hear it
all night, and I am a light sleeper, so this is -- the constant beeping and construction. And
then, of course, most importantly, as well as we cannot enjoy our park.
Joset Rivera: Hello. My name is Joset Rivera. I live in Morningside. My address is 661
Northeast 52nd Terrace. I am calling because while I live here with my husband and two
children, soon to be three, I use a lot and love the Morningside Park all the time, and I am
asking for you to vote and approve the RE. 1 and RE.3 to allow the City Manager to apply for
funds to improve Morningside Park. Really, the money is much needed. I hope that this goes
through and we can have an updated -- you know -- park as soon as possible. All my best, and
thank you so much.
Fran Fenton: Resolution RE.8, 7319. I'm Fran Fenton. I live at One Miami, downtown.
Commissioners, I'm not sure what any of us who oppose the use of Bayfront Park as a venue
for the Ultra Music Festival can say that hasn't already been said, except that possibly, there
are serious health concerns about jamming 55,000 individuals into a relatively small public
park for three days. No one knows whether the COVID-19 will resurface, but we now know
that it's highly contagious and easily spread by human -to -human contact. By now, we who
oppose the use of Bayfront Park for events requiring the closure of the park for weeks and
months at a time for set-up, tear -down, and re -sodding, have stated and restated that we are
deprived of the use of what many of us consider our backyard. In addition to being subjected
to dangerous levels of loud noise, disruption of vehicular traffic and pedestrian traffic for three
days, we cannot enjoy what should be a world -class park and baywalk for at least six weeks.
The hotels and Ultra itself are the winners. While the residents are told that multiple tweets
sent from the park during the performance to cities around the world remind everyone that
Miami is a world -class city, downtowners don't need confirmation. We would prefer to spend
our time walking in the park, sometimes with a dog, enjoying the baywalk and the beautiful
views of the water. (UNINTELLIGIBLE) tourist to do the same. Thank you for acting like a
world -class city and making the proactive call to cancel the 2020 Ultra Music Festival. I ask
you to cancel all future Ultra Music Festivals in Bayfront Park. Thank you.
Eli Stiers: Hi. This is Eli Stiers. My address is 509 Northeast 57th Street, Miami, Florida
33137. I am a resident of the Morningside neighborhood and have lived in this neighborhood
since 2013. I'm leaving a public comment for Items 7293 and 7307, resolutions to authorize
the City Manager to apply for funds -- I'm sorry, the resolution items are 1 and 3, Resolutions
7307 and 7293. And I would like to give my support for the City Manager to apply for funds
from the Florida Inland Navigation District (FIND) grant monies, as well as The Nature
Conservancy grant monies to improve Morningside Park. Morningside Park is beloved by all
who live in this neighborhood and in the Upper Eastside, but unfortunately, it does need some
attention. It does need some repairs, specifically to the boat ramp, the kayak launch, and the
baywalk area. The seawall is in disrepair in some areas, and it would be wonderful for the
City to apply for these funds, hopefully receive these funds, and spend these funds to improve
Morningside Park, which is a jewel of the Upper Eastside, a jewel of the City of Miami, and
greatly needs these monies and funds. I appreciate the City Manager's efforts in looking for
alternative sources to fund these improvements aside from simply using City of Miami
residents' tax dollars, and I'm very hopeful that the grant application is successful, and that
these monies are awarded to the City of Miami for use in Morningside Park. Thank you so
much for your attention in this regard. And my number is 305 (INAUDIBLE).
Pedro Martinez: (INAUDIBLE) Reverend Pedro Martinez. I have been living in downtown
Miami for 13 years. Concerning Resolution RE.8, I want to ask you Commissioners to cancel
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Ultra returning to Bayfront Park in the year 2021 and 2022. I thank you, Mayors and
Commissioners, for cancelling Ultra in 2020. Your decision saved lives, mitigated the spread
of the coronavirus, and helped to place the community in a better situation to restore our lives
and economy. As our (INAUDIBLE) leaders, we need you at this time to be focused on
mitigating the coronavirus and restoring our lives. Time must not be spent on a music festival
that should never be allowed to be held in the heart of downtown at Bayfront Park for the
following reasons: Number one, the coronavirus is expected to be with us for months. We
don't need a virus outbreak in our community caused by a music festival. You need to place
our health as your number one priority. Number two, the noise level from the music is a
danger to our hearing and health. The Miami Citizens' Bill of Rights, Section 8-6 and 8-7
promise residents' freedom from excessive noise. Number three, the beeping noise from trucks
and construction during nighttime and daytime does not allow us to sleep. Number four, the
prostituting of Bayfront Park with events like Ultra endangers the environment and health of
the park. Number five, Bayfront Park remains closed for two to three months, and it cannot be
used for its intended purpose, to be enjoyed by adults, children, and pets. Hold on. Do you
agree, Max? Commissioners, stay healthy. All of you are in my prayers. Please don't allow
Ultra to return in 2021 and 2022. Thank you, and God bless you.
Oscar Gonzalez: Hello. My name is Oscar Gonzalez. My address is 670 Northeast 58th
Street, Miami Florida 33137, and I am writing to express my support for Agenda Items 1 and
3, Resolutions 7293 and 7307, to encourage the City Manager and the City's Parks
Department to apply for Florida Inland Navigation District (FIND) grant monies, as well as a
grant from The Nature Conservancy, for use to improve the seawall and baywalk at
Morningside Park. Thank you.
Isaac Martinez: Commissioner, my name is Isaac Martinez. I currently live in 50 Biscayne
with my wife and my two kids, nine and two years old. I am asking and pleading that you don't
allow Ultra to come back for 2021 or 2022 for the way that not only the park means to my
family, lifestyle, the health of my kids and my wife. We don't know what it's going to look like,
and we're asking you to please, please not let them come back. I know it's a large economic
impact in the City. I fully understand that. Hopefully, you guys would choose the health of
your city and that the finances will come through one way or the other. I truly believe that.
Many blessings to you and your family.
Eileen Bottari: Hello. My name is Eileen Bottari. I live at 505 Northeast 76th Street, Miami.
I live in the Upper Eastside in the Palm Grove neighborhood. I am going to speak about the
revised trash pickup. I am quite concerned that our Solid Waste Department would reduce the
schedule for trash pickup and suspend the recycle blue canister pickup. I have spoken to
numerous friends and family who live in other cities in South Florida, and their solid waste
schedule has not been altered. With the City shut down and everyone at home, there will be
even more trash and garbage than before. (INAUDIBLE) schedule for trash pickup and
suspend (INAUDIBLE) for such actions. Commissioners, please reinstate our regular trash
and recycle pickup schedule. It is imperative that we keep our city clean and safe for everyone.
Thank you.
Justin Kaplan: Hi. My name is Justin Kaplan. I live at 580 Northeast 59th Street in the City
of Miami, and I want to comment on RE.1, which is -- would be Resolution 7307 and RE.3,
which would be 7329. The first resolution seeks to authorize the City Manager to apply to the
Florida Inland Navigation District for a grant regarding repair of the boat ramp and related
facilities at Morningside Park. And the other one that I'd like to comment on applies --
involves application to the Nature Conservancy for shoreline protection and other related
matters within Morningside Park. There is no reason, whatsoever, to not at least ask for the
grants. It is free money to the City of Miami and its parks. There is no good reason why you
wouldn't even just let it occur to apply. Now, in the event that the grants are awarded to the
City of Miami or for the park, you can deal with whether to accept the grants or not after
further exposition. But as of right now, I can't see any reason why the City would not ask for
others to provide money.
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David Holtzman: Hi. My name is David Holtzman. My address is 590 Northeast 59th Street.
The time is 4:38 p.m. on Wednesday, April 8. And I am calling in regard to RE. 1, Resolution
7307; and RE.3, Resolution 7293. I am the former president of the Morningside Civic
Association, and remain a member of the MCA (Morningside Civic Association), and I'm
calling in support of these two items, and respectfully ask the City Commission to approve both
items at tomorrow's hearing. Thank you very much. Bye.
Rob Pollock: Hi. I'm Rob Pollock. I live at 5724 North Bayshore Drive in Miami,
Morningside area. I am a member of the MCA Board, but I'm speaking to you on my behalf
not the board's. Regarding RE.1, Resolution 7307, I fully support the City Manager applying
for the Florida Inland Navigation District for a grant of money for their waterways assistance
program, to update and repair the boat ramp, kayak launch, and to improve and extend the bay
walk, and also to execute all the necessary documents to accept grant funds in the event of the
award of the grant for fiscal year 2020 and 2021, and to allocate matching funds and other
project funds. Also, regarding RE.3, Resolution 7293, I fully support the City Manager
applying to the Nature Conservancy for money to undertake a storm water drainage and
shoreline protection program to improve the shoreline in Morningside Park, which would
mean, among other things, improving our aging seawall. Presently, some areas of the park
drain poorly. This makes those areas unsuitable for long periods of time, even after light
rains, and more prone to breed mosquitoes. The park is rife with problems, and is in desperate
need of improvements, especially when it comes to the shoreline. The park also needs more
access to the shoreline. It is wise to solicit funds from outside entities. The park needs all the
help it can get, and applying to FIND and TNC (The Nature Conservancy) is a logical first
step. Thank you very much.
Charles Cutler: My name is Charles Cutler. I'm a 100 percent service -connected disabled
veteran. And my residence is 706 Northwest 4th Avenue, Miami, Florida 33136. The two
items of discussion I wanted to talk about were Resolution 10, which is 7337 and Public
Hearing 5, 7273. The Resolution 10 item talks about the anti poverty initiative program,
which is aimed towards the youth in the Liberty City area. I'm all in support of that initiative.
I just really hope and I really embrace that. There was a chess component involved with that
where we can actually teach the inner city Liberty children how to play chess. That way, they
can really learn how to think, focus, and really learn how to use their brains in the real world.
And with the Public Hearing Number 5 item, with the permanent affordable housing assistance
for non -elderly persons, I just really wish that those funds would be allocated evenly among
(UNINTELLIGIBLE) wish that a component was added that would really support women with
disabilities and children. Thank you.
Unidentified Speaker: I was out with my wife in September 2016, at 50 Biscayne Boulevard,
directly across from Bayfront Park. I'm opposed to Resolution RE.8, and I'm here to ask the
Commissioners to vote "no" on that resolution. It is disappointing that I must be here again to
plead with my own City Commissioners to not approve the abuse of Bayfront Park by the Ultra
Electronic Music Festival. It was less than two years ago that the Commission itself voted
against Ultra returning to ravish Bayfront Park, and imposed a (UNINTELLIGIBLE) on the
surrounding neighborhood. Nothing has changed since that -- surrounding the issues
surrounding using Bayfront Park for Ultra. The noise of the festival featuring constant
(INAUDIBLE) and bass would again make my family's home unendurable. And again, the
park would be ravaged by the massive set up and tear -down effort Ultra needs to convert the
beautiful park into an entertainment venue. And again, the (INAUDIBLE) surrounding the
park would deny the recreation use of its green space for weeks on end. Ultra has simply
outgrown the park. Too much persistent noise, too much damage to the park, too much
negative effect on property values, too much traffic disruption. Downtown Miami continues to
grow and change. Ultra Music Festivals are no longer appropriate events for the high -density
neighborhood that downtown Miami has become. As you voted two years ago, and as that vote
proved, the time has come for Ultra to relocate to a different Miami venue, one suitable for
such massive events. Is it fair to penalize Miami citizens for Ultra not being able to make it
work on Virginia Key? I ask you to preserve Bayfront Park as it was meant to be; a rare green
space for the enjoyment of Miami residents. Thank you.
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Tatiana Loza: Hi. This is Tatiana Loza, and I reside at 670 Northeast 58th Street in
Morningside, and I am sending this message to express my support for Agenda Items 1 and 3,
Resolutions 7293 and 7307, to encourage the City Manager and the City's Park Department to
apply for Florida Inland Navigation District for them to find the grant monies, as well as a
grant from The Nature Conservancy for use to (INAUDIBLE). I'm a Morningside resident,
and I use the park on a regular basis. It would be great if the seawall and the baywalk can be
fixed up with this money. Thank you so much.
Arlene Ramsingh: My name is Arlene Ramsingh. My husband and I reside at 50 Biscayne
Boulevard, directly across from Bayfront Park. We have lived there since September 2016.
I'm opposed to Resolution RE.8, and ask the Commissioners to vote "no" to the resolution. I'm
truly disappointed to once again be standing before you and asking that the City not allow
Ultra in Bayfront Park. I reiterate my reasons. Ultra at Bayfront Park violates our property
rights. Ultra at Bayfront Park damages the park. Ultra at Bayfront Park negatively impacts
our health and well-being. As a research scientist with over 30 years in the study of viruses
and the development of vaccines, I would like to place the Ultra issue in context against the
backdrop of the current pandemic. The fact that the City is even discussing Ultra 2021 and
Ultra 2022 is problematic. COVID-19 will remain in the human population until an effective
vaccine is available, or until 30 to 60 percent of the world's population is infected. An effective
vaccine is at least 18 months away, which puts us at fall 2021. And then global vaccination
will take a few years to complete. The idea of an international gathering of 50,000 people in
the next few years in a residential downtown is therefore scientifically unsound. So once
again, I urge the Commissioners to vote "no" to Ultra at Bayfront Park in the near future.
Thank you.
Spring McManus: Hello. My name is Spring McManus, and my address is 670 Northeast
52nd Terrace, Miami, Florida 33137. I am calling in favor of Resolution 7307 for the City
Manager to apply to the Florida Inland Navigation District for grant money for the water
(INAUDIBLE) ramp, kayak launch and improve/extend the baywalk. I am also in favor of
Resolution 7293, where -- to apply for -- to The Nature Conservancy for money to undertake a
storm water drainage and shoreline protection program to improve the shoreline in
Morningside Park. (INAUDIBLE) also have a drain pipe issue (INAUDIBLE) into the bay
from the drain pipe. So I am in favor of both of these resolutions, again, 7307 and 7293. And I
live in Morningside so -- and I'm on the board of the Morningside Civic Association. Thank
you very much. Goodbye.
Daniel Mayland: Good evening. Our names are Daniel and Yana Mayland, and we are
submitting this video in support of Resolutions 7307 and 7293. As Morningside residents and
proud Miamians, we believe that Morningside Park is not just a gem of our neighborhood, but
a gem for the City and for everyone around the City who uses it, and it needs love, it needs
attention, it needs improvement. And so, any avenue to get funds to help improve this park for
the betterment of the City of Miami, the people of Miami and -- the State of Florida, everyone
who uses this park --
Yana Mayland: And the children of Miami.
Mr. Mayland: -- should definitely be pursued, and we encourage you to please take every step
possible to help improve this aging park that's in dire need of funds, repair, and care, and is
loved so much by the citizens of the city. Thank you and have a good evening.
Ms. Mayland: Thank you so much.
Andres Althabe: Good afternoon. My name is Andres Althabe, 1900 (INAUDIBLE), in
reference to Agenda Item RES. I want to speak briefly on the confirmation of the position of
Executive Director of Downtown Development Authority. I am the president of the board of a
700-unit condominium with 48 employees, so I believe I can recognize good management when
I see it. Cristina Crespi has no doubt the capability to be an excellent Executive Director, and
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also has the experience. She was Deputy Director for a long time, and has been the temporary
Director for a while. Not only she is competent, but she knows the DDA (Downtown
Development Authority) employees, and they all work well together. I had the opportunity to
appreciate the good relationship she has developed with the community. In short, she
(INAUDIBLE).
Ms. Loza: Hello. My name is Tatiana Loza, and my address is 670 Northeast 58th Street. I'm
a resident of Morningside. I'm sending this message to express my support for Agenda Items 1
and 3, Resolutions 7293 and 7307 to encourage the City Manager and the City's Park
Department to apply for Florida Inland Navigation District for the grant money, as well as a
grant from The Nature Conservancy for use to improve the seawall and baywalk at
Morningside Park. I'm a park user. We go there every day. I have a two and a half year old
son who goes to the park and enjoys all the amenities, who would love to see it beautified and
be able to use its resources. I would appreciate you voting for these resolutions. Thank you.
Joy Prevor: Hello. My name is Joy Prevor. I am a resident at 50 Biscayne, Miami, Florida
33132. And I am commenting on the Agenda Item to appoint Cristina Crespi as the Director of
the Downtown Development Authority. I am commenting in support of her appointment. I
believe that this is long overdue. She (INAUDIBLE) indispensable partner to the residents of
downtown Miami in trying to address not only the needs of the general area and its financial
economic liability, but also, the residents' need to develop a residential culture that we can
(INAUDIBLE) attract more people to live in the area. So thank you for your consideration. I
hope you will make this official.
Maria Martinez: Mayor and Commissioners, my name is Maria Martinez. I am president of
the board at 50 Biscayne Condominium Association. I've been a resident of downtown Miami
for 13 years. My father, our children and grandchildren live in downtown Miami, as well.
Concerning Resolution RE.8, I want to ask all of you to cancel Ultra returning to Bayfront
Park in 2021 and 2022. I sincerely thank each one of you for cancelling Ultra in 2020. Your
decision saved lives, mitigated the spread of the coronavirus, and helped place our community
in a better position to restore our lives and the economy. As our civil leaders, we need you to
be focused on mitigating the coronavirus and restoring our lives. Time must not be spent on a
music festival that should never be allowed in the heart of downtown Miami at Bayfront Park,
for the following reasons: The corona virus is expected to be with us for several months and
no one knows its duration and/or if it will return. We don't need a virus outbreak in our
community caused by a music festival. We need you to place your community's health as your
number -one priority. The noise level from the music is a danger to our hearing and health.
The Miami Citizens' Bill of Rights, Section 8-6 and 8-7 promises residents' freedom from
excessive noise. The beeping noise from trucks and construction during day and night times
does not allow us to sleep. The prostituting of Bayfront Park with events like Ultra endangers
the environment and health of the park. Bayfront Park remains closed for two to three months,
and it cannot be used for its intended purpose; to be enjoyed by adults, children, and pets. I
pray for each one of you and your families. Please stay healthy, and please do not allow Ultra
to return in 2021 and 2022. Thank you, and God bless you.
Desiree Parkman: Hi. I'm Desiree Parkman, owner of Parkman Creative, a cultural arts
entertainment service. I'm so excited for Cristina in this position. She has been such a great
source -- a resource, actually, for myself and my company, and a lot of other people in the
City. She's a connector. She really makes a point to bring people to the table that may
otherwise not have been able to be at the table. Before the virus hit, we had just finished a
successful black history month series at the Olympia Theater, and definitely looking forward to
doing that again. But, yes, she is from here. She has her ear to the street, so she really knows
what's happening around in the communities and I really think that her energy will be really
great moving forward in this position, and I couldn't be more pleased to offer my support for
anything that she needs. Thanks so much.
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Chair Hardemon: It appears that we've concluded our public comment. Mr. Manager, are
these any items on this agenda that you want to continue, withdraw, defer, or have any action?
Oh, I'm sorry. I see one gentleman in the lobby. I think you're going to have to --
Vice Chair Russell: Commissioner, you need to unmute it.
Chair Hardemon: Okay. I'll take care of it for him. Well, he needs to -- you need to unmute
your microphone. It's still muted, and I don't have the control for that. Is there a computer
there that someone can unmute the podium microphone?
Victoria Mendez (City Attorney): I see (UNINTELLIGIBLE).
Mayor Francis Suarez: Unmute your microphone, Elvis. Unmute the microphone. Unmute
the microphone. There you go. It's still muted. Oh, there you go.
Chair Hardemon: There we go. You're recognized, sir.
Unidentified Speaker: We got it. I just unmuted it. That's why I asked you. I just unmuted it.
Elvis Cruz: Can you hear me now?
Chair Hardemon: Yes.
Mr. Cruz: Okay, thank you. I'll begin, yes?
Chair Hardemon: Yes.
Mr. Cruz: Okay. Good day, Commissioners. Regarding both RE.1 and RE.3, if either is
approved, please make these grants and plans contingent on not causing any delays to
Morningside pool's repair or reconstruction, or any changes to the location of the pool. Also,
please make the grants and plans conditioned on a seawall being built, and that there be no
obstruction of the water's view. Next slide. Next slide, please. Item RE.3 is a very bad idea.
Please vote against this proposal by The Nature Conservancy. Next slide. Morningside Park's
precious assets include a beautiful view of the bay across the park and recreational space next
to the bay. This proposal would harm both. The agenda doesn't include drawings of what The
Nature Conservancy wants to do. Next slide. But here's what they drew up for OCI (Office of
Capital Improvements), which OCI did not show you. Next slide. Above is the existing
condition that blocks the visibility to the bay and recreational space along the shore. And we
also have the baywalk you saw a moment ago. Below is what The Nature Conservancy wants
to do. The park would be harmed by a coastal habitat, which is a wide berm and plantings that
would take away open recreational space, and obstruct views of the bay. Next slide. This
shows how much of the park would be taken over by -- next slide -- a wide coastal habitat. It's
colored in light green, so it's hard to see. Next slide. So I have outlined it in red. It would
take over 50 to 80 feet into the park from the bay, an enormous loss of recreational open
space. It would be high maintenance, and we'd lose the baywalk. This is the Nature
Conservancy's philosophy. They are not the recreation conservancy, nor the preserved
waterfront view's conservancy. Next slide. Something like this has happened before. There
used to be a beautiful view of the bay all across Peacock Park. Next slide. Then the City
planted mangroves along that shoreline. Now it's completely blocked off. But there's a better
alternative. Next slide. Build a seawall. A seawall is only two feet wide and doesn't block the
view or take up recreational space. It would have the least negative impact; zero maintenance.
Many parks already have seawalls. Next slide. At your March 12 meeting, you approved
FIND grants for new seawalls at Myers and Sewell Parks, because the City knows a seawall
can protect the park from sea level rise. Next slide. So now there is no reason to delay fixing
Morningside Pool. Please make a motion to reject this item and to instead build a seawall at
Morningside Park and to fix Morningside Pool. Fixing the pool would cost half as much; half
as much as building a new pool, and be much quicker. You already have the engineering
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study. You're already facing decreased revenues with this pandemic. It makes perfect sense to
save money. In closing, please reject this item. Next slide. Please reject this item and instead
build a seawall. Build a seawall and fix Morningside Pool. Thank you. And I apologize for
the background sounds.
Commissioner Diaz de la Portilla: Mr. Chairman? Mr. Chairman?
Chair Hardemon: Yes, sir, you're recognized.
Commissioner Diaz de la Portilla: Do we have the ability to -- Can you hear me, Mr. Cruz?
Mr. Cruz: I can, Commissioner, yes.
Commissioner Diaz de la Portilla: Do you know if there are any strings attached to either of
these grants, especially the one from The Nature Conservancy?
Mr. Cruz: Yes. There is a contract in your packet, and the design has to be approved by The
Nature Conservancy. If they don't approve of it, the money doesn't come.
Commissioner Diaz de la Portilla: Have they given any indication of -- We had a debate a
few months ago about where we're going to locate the pool, and I think there was a -- the
Commission voted on this.
Mr. Cruz: Right.
Commissioner Diaz de la Portilla: Do they -- are they opposed? Have they publicly stated
they're opposed to the location of the pool as the Commission voted for?
Mr. Cruz: I have not heard anything to that effect.
Commissioner Diaz de la Portilla: And would it delay the building of the pool in your
opinion?
Mr. Cruz: That's up to the City. I see no reason why the pool hasn't been fixed; that you
should have started fixing it years ago.
Commissioner Diaz de la Portilla: My question is: Are they tied to each other? Can the City
go ahead and move forward with building a pool, and -- independent of this particular -- these
particular grants?
Mr. Cruz: Not that I'm aware of.
Commissioner Diaz de la Portilla: Do we have to wait for the grants to come in or begin
before we can fix the pool? Maybe the Manager can answer that question instead of you.
Mr. Cruz: I don 't think so, no. You can go ahead and fix the pool.
Commissioner Diaz de la Portilla: Okay.
Commissioner Reyes: Mr. Chair?
Commissioner Diaz de la Portilla: Is that correct?
Art Noriega (City Manager): They're unrelated.
Commissioner Diaz de la Portilla: They're unrelated, okay.
Mr. Noriega: Unrelated projects, correct.
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Commissioner Reyes: Mr. Chair? Mr. Chairman? Hello?
Chair Hardemon: Go ahead.
Commissioner Reyes: Okay. And following on Commissioner Diaz de la Portilla's question,
do we have the funds already to start the project? They have been set aside to fix the pool?
Mr. Noriega: I'm going to let Zerry answer that question. Zerry, can --
Commissioner Reyes: Okay.
Mr. Noriega: -- you pop in? Unmute, Zerry.
Nzeribe Ihekwaba (Chief of Operations/Assistant City Manager): Hello.
Mr. Noriega: We can hear you.
Mr. Ihekwaba: Can you hear me?
Mr. Noriega: Yeah.
Mr. Ihekwaba: Good morning, Commissioners. This is Zerry Ihekwaba, Assistant City
Manager. The grant from The Nature Conservancy is predicated on the City successfully
designing and submitting their plans for the future improvements on the shorelines for nature -
based protection of the shoreline of Morningside Park. There are some dates that have been
outlined in the contract that is in the backup that you have in the agenda. It says that we need
to submit a 30 percent set of the plans at a certain date and that they will review it and
reimburse us for the cost. In any case, if the plans are not -- if the cost of the designs are not
reimbursed, the City would have to bear the full cost. In the opinion of the Administration, this
is the type of funding that we've always gotten from any type of funding agency. The majority
of the funding agencies would like to see the conceptual design that we have in place before
they advance the money. There's nothing wrong with accepting the funding from The Nature
Conservancy.
Commissioner Reyes: No, that's not the question.
Mr. Ihekwaba: They are making similar efforts in three other locations in the County. Ours is
the fourth location. Yes, Commissioner.
Commissioner Reyes: Zerry, that's not the question. The question I think that -- if I'm not --
didn't misunderstood Commissioner Diaz de la Portilla is if we can start the project. Is that
right, Commissioner?
Commissioner Diaz de la Portilla: Correct, correct.
Commissioner Reyes: Correct; that we can start the project now and then when we get the
funds to finish the project if it is needed. But the question is: Can we start the project and
don't delay this anymore?
Mr. Ihekwaba: We can start the project, but in order to get reimbursed, you have to make that
submittal at a certain date they've already stipulated in the agreement. Now the other
ancillary question that was also posed by the Commissioner was if there is relationship
between this project and the pool. There is none. Those can go in parallel to each other.
Commissioner Diaz de la Portilla: Mr. Chairman?
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Commissioner Reyes: Okay. I -- Zerry, I don't understand ifyou answered the question. What
would happen if we start the project? Do we have money to start the drawings and then start -
- I mean the design and all of that? Are we going to --? The pool is going to be fixed either
way, right? And we want this grant to help us fix the pool, right?
Mr. Ihekwaba: No, no --
Chair Hardemon: And after you respond, Mr. Manager, allow Commissioner Russell to speak.
Commissioner Reyes: Okay. What I want to know is if -- I think that what we want to know is
if the project could get started without -- while we are asking for the grants. I mean, I -- that's
- - it's a simple question; yes or no?
Mr. Ihekwaba: I don't have the answer on the funding.
Commissioner Reyes: Okay.
Mr. Ihekwaba: However, ifI may, I --
Commissioner Diaz de la Portilla: Well, who has the answer though? I'm sorry, Mr. Chair;
through you. Who would have that answer? You don't have the answer of when the project
would start. Who would have that answer?
Mr. Ihekwaba: Let me check with the Project Director, sir.
Vice Chair Russell: Mr. Chair?
Chair Hardemon: You have the floor, sir.
Vice Chair Russell: Thank you. Good morning, gentlemen. This is a pretty intense capital
project within my district, and a very important park for the City. So I've been working with
not only Capital Improvements and the Resilience Department, but also the neighbors. And
this is where you heard a lot of advocacy for both of these grants, which would be found
money. And Elvis' opposition to moving too fast if there are strings attached with these grants
creating a design that he doesn't like. It's actually really surprising, because Elvis is normally
the biggest tree advocate we have, and in this case, he's fighting against trees on the shoreline,
because it would block the view. I understand that. But I'm also surprised he's against the
natural shoreline, which would be different than a large concrete seawall and a concrete
baywalk, which is what the neighbors do not want there. So he has an opposing opinion,
which is fine, and we have a process. The design has not been done yet, and neither of these
grants are already predicated on a specific design, either way. The Nature Conservancy offers
three different options in that proposal, but it's not a formal design, it's not a specific design. I
would recommend that we move forward with the applications, because they are time sensitive,
both of them, and we could lose the FIND grant and we could lose The Nature Conservancy
grant. If our design goes a different direction -- let's say Elvis gets his way down the road --
we would lose The Nature Conservancy Grant, per se, but that would be fine to be going in a
different direction, and there would be no loss to it. But to answer the earlier question, yes, we
can go forward with the initial steps of design, and when the item comes up, Steve Williamson
could go into it. We could either address it here and now or we could take it up at the item
when it goes, but I -- Administration has told me both of these grants could be at risk if we do
not take action today.
Chair Hardemon: Commissioner Diaz de la Portilla. He disappeared.
Commissioner Reyes: That's okay.
Chair Hardemon: I think we lost him.
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Commissioner Reyes: Let me see if I could --
Chair Hardemon: You're recognized, Commissioner Reyes.
Commissioner Reyes: Thank you. Thank you, Mr. Chair. But I don't have anything against
asking for the grants, Commissioner Russell. You see, I agree with you. We should go after
that money and those funds. My question was if we could start at least designing and taking
the appropriate steps into completing this project that has been lingering for about two, four
years or something like that, for so long. And it is needed. That pool is needed there, not only
for the people of Morningside, but all the areas that could use it at the benefit of their children,
okay. And that is what I was asking. I'm not referring to the items that -- I mean to question
those grants, no. I mean, I'm in favor of it. My question was: Can we start the ball rolling
and -- in order to start expediting the reconstruction of the pool? That's all. Okay? And your
answer is: Yes, we can start designing. Well, let's do it. Okay. And I'm going to vote in favor
of these two items, sir.
Mr. Noriega: But to be clear, neither of these items that are on the agenda, RE.1 or RE.3, are
related to the pool.
Commissioner Reyes: Oh, they're not?
Mr. Noriega: They're not.
Commissioner Reyes: Oh. And then why we're arguing about this, the pool, and including the
pool in this item?
Mr. Noriega: Yeah. The pool's a separate project.
Commissioner Reyes: Okay. Why are we getting the pool in this discussion? Okay, okay, I'm
finished.
Chair Hardemon: Seeing that there are no further --
Mr. Noriega: I think Mr. Cruz brought it up as a means of advocating again --
Commissioner Reyes: Okay.
Mr. Noriega: -- for the pool project, but they aren't related to RE.1 or RE.3.
Commissioner Reyes: Oh, okay, okay. Thank you for the clarification, sir.
Chair Hardemon: You know, we -- well, I closed public comments and no other individuals
are in line for public comment.
Ms. Mendez: Chairman --
Chair Hardemon: Mr. Manager -- yes?
Ms. Mendez: -- I just wanted to reiterate that all of the comments that were submitted on the
online forms have been submitted for all ofyou and for the record so that you could review, as
well, during the meeting before you take action. Thank you.
Later...
Chair Hardemon: So what I'd like to do right now is open up the public comments. So I'll
have IT (Information Technology) play the public comment for the last items that are on the
agenda.
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(Inaudible comments being made.)
Commissioner Reyes: Can't hear a thing.
Unidentified Speaker: We need a few seconds to relaunch. Can we come back to this in like a
couple of minutes?
Chair Hardemon: I would suggest that you launch it, because we're basically waiting on you.
Victoria Mendez (City Attorney): I wanted to clan fy for the record that these are the public
comments based on the pockets, because you already had the public comment that everybody's
been submitting.
Unidentified Speaker: That's correct.
Ms. Mendez: And we will continue -- any online email submissions will also be forwarded to
all of you, as well, for the record.
Kathy Suarez Parks: Hello, Commissioners and Madam City Attorney, Mayor Suarez, Art
Noriega. I appreciate being able to make a comment. I would like to talk about -- My name is
Kathy Suarez. I live at 4035 Battersea Road. And I would like to comment on the airport, the
Miami airport. I agree it's important that we do something about the incoming flights. My
daughter came March 18, which was a Wednesday, prior to Governor DeSantis following
Tuesday orders to have National Guard meet the flights from hotspots. My daughter came
from New York. My daughter had been in Barcelona and the UK (United Kingdom) prior to
coming here. I reported her to the -- we contacted the State and we were tested for the Corona
-- for the COVID-19. We want to make sure we take this very serious. We know people in New
York that have the COVID. Obviously, Mayor Suarez has had it. He was very fortunate to
have a lighter case. But this is critical that we know where it's coming from, who has it. There
are people in Brickell in buildings that I've talked to with fevers, no taste and no smell, under
65. Getting in an elevator is going to contaminate the entire building. They shop at the Publix
in Mary Brickell Village. Very concerned that we have to figure out where this is coming from,
who, how, how bad it is, how people suffer differently from this. This is a dangerous, silent
enemy. I can't emphasize how important it is that we monitor and we do something about
who's bringing this here or if it's us. This is important. I appreciate that the City has acted as
swiftly on the subject. Secondly, I would like to talk about the food trucks. I have nothing
against food trucks, as long as they operate legally. My concern is the lack -- Good afternoon.
This is Kathy Suarez again. About the food trucks, nothing against food trucks. However, we
have restaurants that are fortunate enough to be open, that their takeout lines have become
hangout lines. Beer, hanging out activities; not against that either. People need a little bit of a
break. But they're not distancing. They are not wearing masks. Now the mask thing has
maybe -- will maybe help, but I fear that the fact that we have decided to wear masks has made
people think that possibly, we're out of danger, and that's going to give people the idea that
they can operate and move around more like they used to. We have restaurants that have
closed. Why haven't we incentivized the restaurants that are completely closed in the Grove?
Green Street, Lulu's, Jaguar, completely shut down, versus being the -- people who have been
around forever to be offering food. Again, nothing against the food trucks, but if we can't get
the restaurants that are open to behave properly, what about the food trucks? How do we
know that the people working in these trucks are not sick, don't have the COVID, or even in the
restaurants and the grocery store. We have grocery store personnel that are getting the
COVID. We have to be a little stricter and harder on who's serving food, who's delivering
food. And I don't want people not to work. That is not my thing. It's important that people
work but we have to get this under control. And somehow, some way, we continue to go up in
our numbers. We're not going down. We've got to get this under control. And loosey-goosey
food trucks when we don't even have our quality restaurants operating, it's a concern. It's a
huge concern. We need better policing. But again, I don't mean as far (INAUDIBLE) --
Chair Hardemon: Was that the only message, or are there more?
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Unidentified Speaker: That's all.
Chair Hardemon: All right, public comment is closed at this point.
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PART A - NON -PLANNING AND ZONING ITEM(S)
AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
AM.1 City Commission - Regular Meeting - Dec 12, 2019 9:00 AM
MOTION TO: Approve
RESULT: APPROVED
MOVER: Joe Carollo, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo
ABSENT: Reyes
Chair Hardemon: Then let's start with approval of the meeting minutes, AM.1,
AM.2, AM3.
Commissioner Carollo: There's a motion.
Chair Hardemon: Been properly moved; seconded by the Chair to approve the AM
(Approval of Minutes) agenda items. Any discussion? Hearing none, all say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion carries.
Mr. Hannon: Chair, for the record, I have that as 4-0, with Commissioner Reyes
absent.
Chair Hardemon: Okay.
AM.2 City Commission - Planning and Zoning - Dec 12, 2019 2:00 PM
MOTION TO: Approve
RESULT: APPROVED
MOVER: Joe Carollo, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo
ABSENT: Reyes
Note for the Record: For minutes referencing Item AM.2, please see Item AM.1.
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AM.3 City Commission - Regular Meeting - Jan 9, 2020 9:00 AM
MOTION TO: Approve
RESULT: APPROVED
MOVER: Joe Carollo, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo
ABSENT: Reyes
Note for the Record: For minutes referencing Item AM.3, please see Item AM.I.
MV - MAYORAL VETO(ES)
NO MAYORAL VETO(ES)
(Pursuant to Section 4(g)(5) of the Charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the
City Clerk as the first substantive item(s) for City Commission consideration.)
Chair Hardemon: Okay. So let's start. Mr. Clerk, are there any mayoral vetoes?
Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes.
Chair Hardemon: Okay.
END OF MAYORAL VETO(ES)
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City Commission
Meeting Minutes April 9, 2020
CA - CONSENT AGENDA
The following item(s) was Adopted on the Consent Agenda
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
CA.1 RESOLUTION
7239
Office of the
Independent
Auditor General
A RESOLUTION OF THE MIAMI CITY COMMISSION
REAPPOINTING THEODORE ("TED") GUBA AS THE
INDEPENDENT AUDITOR GENERAL OF THE CITY OF MIAMI,
FLORIDA FOR A FOUR (4) YEAR PERIOD COMMENCING ON
MAY 7, 2020 WITH COMPENSATION AND EMOLUMENTS AS
STATED HEREIN.
ENACTMENT NUMBER: R-20-0090
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item CA.1, please see "End of
Consent Agenda."
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City Commission
Meeting Minutes April 9, 2020
CA.2
7187
Office of
Communications
RESOLUTION
A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE ACCESSING OF THE CITY
AND COUNTY OF DENVER ("DENVER") CONTRACT NO. TECHS
201843887-00 FOR VIDEO CLOSED CAPTIONING SERVICES
("CAPTIONING SERVICES") FOR THE CITY OF MIAMI'S ("CITY")
OFFICE OF COMMUNICATIONS ("COMMUNICATIONS")
PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA AS AMENDED ("CITY CODE"), WITH VITAC
CORPORATION, A FOREIGN PROFIT CORPORATION
AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF
FLORIDA ("VITAC"), WHICH WAS COMPETITIVELY SOLICITED
FOR AN INITIAL TERM OF TWO (2) YEARS WITH THE OPTION
TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR
PERIODS, SUBJECT TO ANY RENEWALS, EXTENSIONS,
AND/OR REPLACEMENT CONTRACTS BY DENVER;
ALLOCATING FUNDS FROM VARIOUS SOURCES OF FUNDS OF
THE END USER DEPARTMENTS AND AGENCIES, SUBJECT TO
THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT
THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE SUPPLEMENTAL AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY
AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO
ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY
APPROVALS, COMPLIANCE WITH ALL APPLICABLE
PROVISIONS OF THE CITY CODE, INCLUDING THE CITY OF
MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT,
AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN
CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL
APPLICABLE LAWS, RULES, AND REGULATIONS AS MAY BE
DEEMED NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-20-0091
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item CA.2, please see "End of
Consent Agenda."
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City Commission
Meeting Minutes April 9, 2020
CA.3
7262
Department of Fire -
Rescue
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION WITH
ATTACHMENT(S), PURSUANT TO SECTION 18-112 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR MEDICAL DIRECTION SERVICES FOR
THE CITY OF MIAMI'S ("CITY") DEPARTMENT OF FIRE -RESCUE
("FIRE") WITH THE PUBLIC HEALTH TRUST OF MIAMI-DADE
COUNTY, FLORIDA, AN AGENCY AND INSTRUMENTALITY OF
MIAMI-DADE COUNTY ("HEALTH TRUST"), FOR A PERIOD OF
FIVE (5) YEARS; FURTHER AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER
DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS,
AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS,
APPROPRIATIONS, PRIOR BUDGETARY APPROVALS,
COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE,
ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY
PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY
CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND
IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND
REGULATIONS AS MAY BE DEEMED NECESSARY FOR SAID
PURPOSE.
ENACTMENT NUMBER: R-20-0092
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item CA.3, please see "End of
Consent Agenda."
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City Commission
Meeting Minutes April 9, 2020
CA.4 RESOLUTION
7197
Department of
Parks and
Recreation
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID RECEIVED NOVEMBER 18, 2019 PURSUANT TO
INVITATION FOR BID ("IFB") NO. 1105381 TO PROVIDE AND
ADMINISTER THE AFTER SCHOOL SNACK PROGRAM ON AN
AS NEEDED BASIS FROM THE SOLE RESPONSIVE AND
RESPONSIBLE BIDDER, FLORIDA INTRODUCES PHYSICAL
ACTIVITY AND NUTRITION TO YOUTH INCORPORATED D/B/A
FLIPANY, A FLORIDA NOT FOR PROFIT CORPORATION
("FLIPANY"), FOR THE CITY OF MIAMI'S ("CITY") PARKS AND
RECREATION DEPARTMENT ("PARKS") FOR AN INITIAL TERM
OF TWO (2) YEARS WITH THE OPTION TO RENEW FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS
FROM SPECIAL REVENUE FUND ACCOUNT NO.
11550.295999.431000.0000.00000 AND OTHER SOURCES OF
FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND
BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND
ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS,
RENEWALS, AND EXTENSIONS, SUBJECT TO ALL
ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY
APPROVALS, COMPLIANCE WITH ALL APPLICABLE
PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S
PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND
FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN
CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL
APPLICABLE LAWS, RULES, AND REGULATIONS AS MAY BE
DEEMED NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-20-0093
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item CA.4, please see "End of
Consent Agenda."
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City Commission
Meeting Minutes April 9, 2020
CA.5 RESOLUTION
7198
Department of
Procurement
CA.6
7264
Department of
Police
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID RECEIVED ON JANUARY 21, 2020 PURSUANT TO
INVITATION FOR BID ("IFB") NO. 1154387 FOR THE PROVISION
OF ROADSIDE TIRE REPAIR SERVICES CITYWIDE ON AN AS
NEEDED BASIS FROM THE SOLE RESPONSIVE AND
RESPONSIBLE BIDDER, S.O.S MOBILE TIRE CORP ("S.O.S"),
FOR AN INITIAL TERM OF TWO (2) YEARS WITH THE OPTION
TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR
PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES
OF FUNDS FROM THE END USER DEPARTMENTS AND
AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND
BUDGETARY APPROVALS AT THE TIME OF NEED;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY
AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO
ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY
APPROVALS, COMPLIANCE WITH ALL APPLICABLE
PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S
PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND
FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN
CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL
APPLICABLE LAWS, RULES, AND REGULATIONS AS MAY BE
DEEMED NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-20-0094
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item CA.5, please see "End of
Consent Agenda."
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, FOR THE ALLOCATION OF GRANT FUNDS
AWARDED FROM THE FISCAL YEAR 19 UNITED STATES
DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS,
BUREAU OF JUSTICE ADMINISTRATION SMART POLICING
INITIATIVE TO FLORIDA INTERNATIONAL UNIVERSITY IN AN
AMOUNT NOT TO EXCEED $296,618.00 OVER A THREE-YEAR
PERIOD FOR REIMBURSEMENT OF SERVICES TO PROVIDE
RESEARCH SUPPORT, ASSIST IN THE DEVELOPMENT OF THE
MIAMI REAL TIME CRIME CENTER ("MRTCC") VIOLENCE
RESPONSE INITIATIVE, AND TO GIVE SUPPORT TO EXISTING
ANALYSTS; FURTHER AUTHORIZING THE CITY MANAGER TO
DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY AND ALL
OTHER NECESSARY DOCUMENTS IN ORDER TO MAINTAIN
THE INITIATIVE.
ENACTMENT NUMBER: R-20-0095
This matter was ADOPTED on the Consent Agenda.
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City Commission
Meeting Minutes April 9, 2020
CA.7
7230
Department of
Police
Note for the Record: For minutes referencing Item CA.6, please see "End of
Consent Agenda."
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE
PROJECT TITLED "2019-2020 U.S. MARSHALS SERVICE";
AUTHORIZING THE CITY MANAGER TO ACCEPT
REIMBURSEMENTS IN AN AMOUNT NOT TO EXCEED NINETY-
EIGHT THOUSAND FIVE HUNDRED DOLLARS ($98,500.00) FOR
OVERTIME EXPENSES INCURRED BY MEMBERS OF THE MIAMI
POLICE DEPARTMENT'S ("MPD") FELONY APPREHENSION
TEAM ASSIGNED TO ASSIST THE UNITED STATES MARSHALS
SERVICE ("U.S. MARSHALS") PURSUANT TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE U.S.
MARSHALS AND THE CITY OF MIAMI; AUTHORIZING THE CHIEF
OF POLICE OR HIS DESIGNEE TO EXECUTE ANY AND ALL
NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR THE ACCEPTANCE OF
REIMBURSEMENT FUNDS.
ENACTMENT NUMBER: R-20-0096
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item CA.7, please see "End of
Consent Agenda."
CA.8 RESOLUTION
7229
Department of Risk
Management
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY JONATHAN
YAVNEH, SUBJECT TO THE CONDITIONS IMPOSED BY
CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF
$53,250.00, INCLUDING $100.00 FOR A SEPARATE GENERAL
RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES
OF ACCIDENT, EXCEPT THE MEDICAL PORTION TO THE
DECEMBER 30, 2008 CLAIM, ALLEGED AGAINST THE CITY OF
MIAMI ("CITY"), ITS OFFICERS, AGENTS, AND EMPLOYEES,
WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A
SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION
AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY,
ITS PRESENT AND FORMER OFFICERS, AGENTS, AND
EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS IN THE AMOUNT OF $53,150.00 FROM THE
INTERNAL SERVICE FUND, INDEX CODE NO.
50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT
OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM
ACCOUNT NO. 00001.980000.531010.0000.00000.
ENACTMENT NUMBER: R-20-0097
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item CA.8, please see "End of
Consent Agenda."
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City Commission
Meeting Minutes April 9, 2020
CA.9 RESOLUTION
7189
Department of
Resilience and
Public Works
CA.10
7353
Office of the City
Attorney
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
ACCEPT NINE (9) RIGHT-OF-WAY DEEDS OF DEDICATION AS
DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED,
FOR HIGHWAY PURPOSES; APPROVING AND AUTHORIZING
THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE
CITY CLERK TO RETAIN COPIES OF SAID DEEDS.
ENACTMENT NUMBER: R-20-0098
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item CA.9, please see "End of
Consent Agenda."
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL
SETTLEMENT DOCUMENTS, ALL IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITHOUT ADMISSION OF LIABILITY, IN
SETTLEMENT OF THE CLAIMS AND DEMANDS, INCLUDING ALL
CLAIMS FOR ATTORNEYS' FEES, AS MORE SPECIFICALLY
DETAILED IN THE SETTLEMENT AGREEMENT, AGAINST THE
CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES
IN THE CASE STYLED 3637 CORP., INC. VS. CITY OF MIAMI,
PENDING IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 18-CV-20367-
RS.RIDA, CASE NO.: 18-CV-20367-RS.
ENACTMENT NUMBER: R-20-0099
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item CA.10, please see "End of
Consent Agenda."
END OF CONSENT AGENDA
Chair Hardemon: Okay. So what I'd like to do now is move into the agenda. If I can
have a motion to -- unless there's something that you want to pull from like the CA
(Consent Agenda) and the PH (Public Hearing) Agenda, is there a motion to approve
the CA and the PH Agendas?
Commissioner Reyes: Move it.
Chair Hardemon: Been properly moved; seconded by the Chair.
Todd B. Hannon (City Clerk): Chair?
Chair Hardemon: Any discussion?
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City Commission
Meeting Minutes April 9, 2020
Mr. Hannon: Chair, yes. PH.4 needs to be amended in the first "whereas" clause. It
will need to include the Resolution Number R-20-0088; that's PH.4, to be amended.
Chair Hardemon: The mover and the seconder agree to that amendment?
Commissioner Reyes: Yes.
Chair Hardemon: All right. Seeing no further discussion, all in favor of the item, say
"aye."
The Commission (Collectively): Aye.
Chair Hardemon: Against?
Chair Hardemon: The motion carries.
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City Commission
Meeting Minutes April 9, 2020
PH - PUBLIC HEARINGS
PH.1 RESOLUTION
7267
Department of
Housing and
Community
Development
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF
PROGRAM INCOME FROM HOME INVESTMENT PARTNERSHIP
("HOME") PROGRAM FUNDS GENERATED FROM OCTOBER 1,
2019 TO JANUARY 31, 2020 IN THE AMOUNT OF $167,724.69 AND
AN ADDITIONAL AMOUNT OF $30,000.00 OF RECAPTURED
FUNDS, FOR A TOTAL AMOUNT OF $197,724.69, AS SPECIFIED
IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND
ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, FOR SAID PURPOSE.
ENACTMENT NUMBER: R-20-0100
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item PH.1, please see "End of
Consent Agenda."
PH.2 RESOLUTION
7270
Department of
Housing and
Community
Development
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF
PROGRAM INCOME FROM COMMUNITY DEVELOPMENT BLOCK
GRANT ("CDBG") FUNDS GENERATED FROM OCTOBER 1, 2019
TO JANUARY 31, 2020 IN THE AMOUNT OF $120,626.08 TO THE
CATEGORIES SPECIFIED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE.
ENACTMENT NUMBER: R-20-0101
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item PH.2, please see "End of
Consent Agenda."
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City Commission
Meeting Minutes April 9, 2020
PH.3 RESOLUTION
7271
Department of
Housing and
Community
Development
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ACCEPTANCE OF FLORIDA STATE HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA")
PROGRAM FUNDS FOR FISCAL YEAR 2020-2021 IN AN AMOUNT
NOT TO EXCEED $950,000.00 TO BE UTILIZED FROM JULY 1,
2020 TO JUNE 30, 2021 AND AN ADDITIONAL AMOUNT NOT TO
EXCEED $950,000.00 TO BE UTILIZED FROM JULY 1, 2021 TO
JUNE 30, 2022 FOR THE PURPOSE OF IMPLEMENTING
PROGRAMS FOR PEOPLE WITH HIV/AIDS THAT HELP SUSTAIN
AND/OR TRANSITION INDIVIDUALS AND FAMILIES TO STABLE
HOUSING; 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, SUBJECT TO ALL FEDERAL,
STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH
FUNDS.
ENACTMENT NUMBER: R-20-0088
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item PH.3, please see "End of
Consent Agenda."
PH.4 RESOLUTION
7272
Department of
Housing and
Community
Development
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF FLORIDA
STATE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
("HOPWA") PROGRAM FUNDS FOR FISCAL YEAR ("FY") 2020-
2021 IN AN AMOUNT NOT TO EXCEED $950,000.00 TO BE
UTILIZED FROM JULY 1, 2020 TO JUNE 30, 2021 AND AN
ADDITIONAL AMOUNT NOT TO EXCEED $950,000.00 FOR FY
2021-2022 TO BE UTILIZED FROM JULY 1, 2021 TO JUNE 30,
2022, AS MORE PARTICULARLY SPECIFIED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED; 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,
SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT
REGULATE THE USE OF SUCH FUNDS.
ENACTMENT NUMBER: R-20-0089
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City Commission
Meeting Minutes April 9, 2020
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item PH.4, please see "End of
Consent Agenda."
PH.5 RESOLUTION
7273
Department of
Housing and
Community
Development
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
MAINSTREAM VOUCHER PROGRAM FUNDS FOR FISCAL YEAR
2019-2020 IN THE ANNUAL CONTRIBUTION AMOUNT OF
$432,159.00 FROM THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT ("HUD") TO PROVIDE
PERMANENT AFFORDABLE HOUSING ASSISTANCE TO NON -
ELDERLY PERSONS WITH DISABILITIES AND/OR FORMERLY
HOMELESS INDIVIDUALS; AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE.
ENACTMENT NUMBER: R-20-0102
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item PH.5, please see "End of
Consent Agenda."
PH.6 RESOLUTION
7188
Department of
Resilience and
Public Works
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING THE PLAT TITLED "HISSAR
GROVE", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY
DESCRIBED IN ATTACHMENT "1", SUBJECT TO SATISFACTION
OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET
COMMITTEE AS SET FORTH IN EXHIBIT "A", ATTACHED AND
INCORPORATED, AND THE PROVISIONS CONTAINED IN
SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED; FURTHER AUTHORIZING AND DIRECTING THE
CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND
CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
ENACTMENT NUMBER: R-20-0103
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City Commission
Meeting Minutes April 9, 2020
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item PH. 6, please see "End of
Consent Agenda."
PH.7 RESOLUTION
7259
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, PURSUANT TO SECTION 18-85(A) OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), BY A FOUR FIFTHS (4/STHS) AFFIRMATIVE VOTE,
AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING, AND CONFIRMING THE CITY MANAGER'S
FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "B,"
THAT COMPETITIVE NEGOTIATION METHODS AND
PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS
FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE
ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 4
COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY
INITIATIVE ("API") IN A TOTAL AMOUNT NOT TO EXCEED ONE
HUNDRED SEVENTY-THREE THOUSAND, FOUR HUNDRED
TWENTY DOLLARS ($173,420.00) TO SUNSHINE FOR ALL, INC., A
FLORIDA NOT FOR PROFIT CORPORATION ("SUNSHINE FOR
ALL"), IN SUPPORT OF SUNSHINE FOR ALL'S API SENIOR
MEALS PROGRAM; FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL
DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR SAID PURPOSE.
ENACTMENT NUMBER: R-20-0104
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item PH.7, please see "End of
Consent Agenda."
END OF PUBLIC HEARINGS
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Meeting Minutes April 9, 2020
RE - RESOLUTIONS
RE.1 RESOLUTION
7293
Office of Grants
Administration
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT
FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT
("FIND") WATERWAYS ASSISTANCE PROGRAM FOR AN
AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY-SIX
THOUSAND, SIX HUNDRED THIRTY-EIGHT DOLLARS
($256,638.00) FOR THE DESIGN AND PERMITTING OF A
BAYWALK, KAYAK LAUNCH AND BOAT RAMP AT MORNINGSIDE
PARK - PHASE 1 ("PROJECT"); FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY
DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE SUBMISSION OF SAID GRANT
APPLICATION; FURTHER AUTHORIZING THE CITY MANAGER
TO ACCEPT GRANT FUNDS IN THE EVENT OF THE AWARD OF
THE GRANT FOR FISCAL YEAR 2020-2021 WITHOUT THE NEED
FOR FURTHER CITY COMMISSION APPROVAL AND TO
EXECUTE, ALL IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, GRANT OR DEED AGREEMENTS AND
AMENDMENTS, MODIFICATIONS, RENEWALS, AND
EXTENSIONS THERETO; FURTHER AUTHORIZING THE CITY
MANAGER TO ALLOCATE MATCHING FUNDS AND OTHER
PROJECT FUNDS IN A TOTAL AMOUNT NOT TO EXCEED FOUR
HUNDRED NINETY TWO THOUSAND, FIVE HUNDRED TWENTY-
NINE DOLLARS ($492,529.00), TO BE BUDGETED AND
APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE
TIME OF NEED, FROM THE OFFICE OF CAPITAL
IMPROVEMENTS PROJECT NO. 40-B173511A OR OTHER
LEGALLY AVAILABLE FUNDING SOURCES.
ENACTMENT NUMBER: R-20-0106
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For additional minutes referencing Item RE.1, please see
"Public Comment for all Items."
Chair Hardemon: Okay. The -- now we have our RE (Resolution) Agenda. Is there
any item that you want to pull from this to discuss before we make a motion on the RE
Agenda?
Commissioner Carollo: Yes; if I could pull RE. 4 --
Chair Hardemon: Okay.
Commissioner Carollo: -- to --
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Meeting Minutes April 9, 2020
Chair Hardemon: To discuss that one. Okay. All right.
Commissioner Carollo: -- discuss that and make an amendment.
Chair Hardemon: Is there a motion to approve the RE Agenda, withstanding RE. 4, so
without RE.4 included?
Commissioner Carollo: So move.
Commissioner Diaz de la Portilla: Second.
Chair Hardemon: Seconded by the Chair. Any discussion about that motion?
Mr. Hannon: And Chair, just for the record, Commissioner Russell would like to
cosponsor RE.1, RE. 2, and RE. 3.
Chair Hardemon: Seeing no further discussion, all in favor of the motion, say
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion carries.
RE.2 RESOLUTION
7306
Office of
Resilience and
Sustainability
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND KUMARI
MEDIA, LLC, A FLORIDA LIMITED LIABILITY COMPANY DOING
BUSINESS AS ISEECHANGE ("ISEECHANGE"), FOR THE
PURPOSE OF PROVIDING EDUCATION, DATA GATHERING, AND
COLLABORATION RELATED TO LOCAL WEATHER AND
CLIMATE DATA; FURTHER AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER
NECESSARY AMENDMENTS, EXTENSIONS, AND
MODIFICATIONS TO THE AGREEMENT, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, WITH ISEECHANGE
FOR SAID PURPOSES.
ENACTMENT NUMBER: R-20-0107
aye.
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item RE.2, please see Item RE.1.
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RE.3 RESOLUTION
7307
Office of
Resilience and
Sustainability
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO ACCEPT A TOTAL
AMOUNT OF $400,000.00 IN THE FORM OF A REIMBURSEMENT
GRANT FOR THE PERIOD COMMENCING MAY 1, 2020
THROUGH APRIL 30, 2022 FROM THE NATURE CONSERVANCY
("TNC") FOR THE MORNINGSIDE PARK STORMWATER AND
SHORELINE PROTECTION PROJECT, OFFICE OF CAPITAL
IMPROVEMENTS PROJECT NO. 40-B173511A ("PROJECT");
APPROPRIATING THE GRANT FUNDING IN THE AMOUNT OF
$400,000.00 FOR SAID PROJECT, SUBJECT TO BUDGETARY
APPROVAL AT TIME OF NEED; FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND TO EXECUTE A GRANT
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH TNC FOR SAID PURPOSE; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL OTHER NECESSARY AMENDMENTS,
EXTENSIONS, AND MODIFICATIONS TO THE GRANT
AGREEMENT, INCLUDING OPTIONS TO RENEW FOR UP TWO
(2) ADDITIONAL SIMILAR PERIODS AT THE SAME NOT -TO -
EXCEED AMOUNTS UNDER THE SAME TERMS AND
CONDITIONS FOR THE PROGRAM, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE
ACCEPTANCE OF AND COMPLIANCE WITH THE GRANT
AWARD.
ENACTMENT NUMBER: R-20-0108
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item RE.3, please see" Public
Comment for all Items" and Item RE.1.
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RE.4 RESOLUTION
6827
Department of
Resilience and
Public Works
A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT
TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), AUTHORIZING THE
ACCESSING OF THE CITY OF ST. LOUIS, MISSOURI'S ("ST.
LOUIS") REQUEST FOR PROPOSALS NO. 2018.08.27 FOR
INFORMATION AND EMERGENCY KIOSKS ("KIOSKS") WITH IKE
SMART CITY, LLC, A FOREIGN LIMITED LIABILITY COMPANY
AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF
FLORIDA ("ISC"), UTILIZING THE COMPETITIVELY SOLICITED
AND EXISTING CONTRACT WITH ST. LOUIS, SUBJECT TO ANY
AMENDMENTS, RENEWALS, EXTENSIONS, NEW, OR
REPLACEMENT CONTRACTS; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE CITY OF MIAMI ("CITY")
SUPPLEMENTAL AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH ISC; 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, AND PRIOR BUDGETARY
APPROVALS AND IN 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, ALL IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL
APPLICABLE LAWS, RULES, AND REGULATIONS AS MAY BE
DEEMED NECESSARY FOR SAID PURPOSE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Joe Carollo, Commissioner
SECONDER: Alex Diaz de la Portilla, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: Item RE.4 was deferred to the April 23, 2020, City Commission
Meeting.
For additional minutes referencing Item RE.4, please see Item RE.1.
Chair Hardemon: Commissioner Carollo, you're recognized for RE. 4.
Commissioner Carollo: Yes. On RE.4, I'd like to include in the distributions the
Bayfront Park Trust properties. That's Number 6 in the list that we included, and that
would have to do with any kiosks or place within the properties managed by Bayfront
Park Trust. And basically, what I'd like to do is to amend the resolution to provide
the revenue attributed to any kiosk placed in or abutting the Bayfront Park
Management Trust properties, subject to the approval of the Bayfront Park Trust
Board.
Chair Hardemon: I'll take that as a motion, with the modification of the resolution.
Commissioner Reyes: I have a question that -- and it's just that I want to be clarified
on this.
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Chair Hardemon: Please, you're recognized.
Commissioner Reyes: That is, Commissioner Carollo, that any kiosk that is placed on
Bayfront Park that revenues generated by that kiosk should go to Bayfront Park?
Commissioner Carollo: Correct.
Commissioner Reyes: But do you think --?
Commissioner Carollo: But we're talking about the Trust properties.
Commissioner Reyes: But the Trustproperty.
Commissioner Carollo: Yes.
Commissioner Reyes: But that could also apply to any kiosk that is -- I could ask in
my district, or Commissioner Diaz de la Portilla, or anybody else, that we can say,
okay, any kiosk that it is placed in Flagami, for example, that those revenues should
stay within District 4?
Commissioner Carollo: Well, the Bayfront Park Trust, as you know, doesn't receive
any monies, whatsoever, from the City. It's the only trust that doesn't receive any
monies from the City. It self -maintains --
Commissioner Diaz de la Portilla: The amendment that we had --
Commissioner Carollo: -- everything that we do there. So what I'm asking only is for
what is normal; that what is done within those properties will be retained within those
properties, and that's all that I'm asking for. I'm not going into anything further than
that.
Commissioner Reyes: Yes, I do understand. But what I'm saying is, doesn't that open
the door for other areas to ask for that also? It's not that I'm opposed to it, but I'm
just --
Commissioner Carollo: I think it's limited because --
Commissioner Reyes: -- but I think -- but I just want to ask -- I mean, I think it's a
valid question.
Commissioner Carollo: Well, it's a valid question, Commissioner.
Commissioner Reyes: That's right; it's a valid question.
Commissioner Carollo: I think it's a big difference in Bayfront Park Trust for the
reasons I've stated, in Bayfront Park Trust -managed property than going into
individual neighborhoods. You do have a provision that will include the Downtown
DDA (Downtown Development Authority), also.
Commissioner Reyes: That's right. That's right. We -- then it -- the ones that they
are -- DDA will get a portion of that, or --
Commissioner Carollo: Yeah. So --
Commissioner Reyes: Okay.
Commissioner Carollo: -- that's how we're breaking it up, in this fashion.
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Commissioner Reyes: Okay, okay, okay. That's fine.
Commissioner Carollo: Thank you.
Victoria Mendez (City Attorney): Well, my understanding is that the DDA -- those
within the DDA, the revenue will go to the DDA; those within the Omni, the revenue
will go to the Omni; those within the Southeast Overtown/Park West, the revenue will
go to Southeast Overtown/Park West.
Commissioner Reyes: Okay.
Ms. Mendez: As Commissioner Carollo mentioned, Bayfront and those properties
managed by Bayfront will go to Bayfront, and the Calle Ocho Cultural Center will go
to those, and Wynwood BID (Business Improvement District) as -- will go to
Wynwood BID. So that would be revenue --
Chair Hardemon: Madam City Attorney --
Ms. Mendez: Yes?
Chair Hardemon: -- can you also add in that the Little Haiti Cultural Center?
Commissioner Diaz de la Portilla: Well, excuse me.
Chair Hardemon: And I'll recognize you, Commissioner Diaz de la Portilla.
Commissioner Diaz de la Portilla: Thank you very much. There's a list that we had
agreed to -- or not agreed to, but we had discussed earlier in the previous meeting,
and I had discussed it with the City Manager that included all these different entities
that are existing governmental entities, so that's why I support Commissioner
Carollo's move because Bayfront Park Trust is, in fact, an existing governmental
entity, like Wynwood Business Improvement District, the Omni, the CRA (Community
Redevelopment Agency), the Miami Downtown Development Authority, so it's only
fair that he chairs his entity and that he has a right also to have those revenues in his
-- in that area. What I'm a little bit concerned about is the Arts, Cultural,
Entertainment Fund for Calle Ocho, and now we're adding the Little Haiti. We're
beginning to add different pockets -- and I think this goes to Commissioner Reyes'
concern -- derent -- funding different projects, or pet projects, or "turkeys," as we
used to call them in Tallahassee, and that can get out of hand, because I have a whole
list of them, too. And I could say, well, how about this in Allapattah? How about that
in Flagami? We have a long list of projects and good organizations that do good
work that we can say, let's get those revenues directed in that way. So that's a little
bit of a concern. If it's a governmental entity that works with the City of Miami, has
interlocal agreements, have been long -- not longstanding, but are existing -- that's
okay. But when you start talking about entities that are just looking for money from
the City of Miami, I'm a little bit concerned about continuing to expand that list.
Chair Hardemon: Is there an organization that you're saying is expanded to that, or
an organization that's just looking for money from Miami?
Commissioner Diaz de la Portilla: Well, yeah. Well, if you add the Arts, Culture, and
Entertainment Fund for Calle Ocho, what is that?
Chair Hardemon: Well, I don't know. I mean --
Commissioner Diaz de la Portilla: Okay; neither do I. And so what's the Little Haiti
--?
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Chair Hardemon: The Little Haiti Cultural Center is a City of Miami --
Commissioner Diaz de la Portilla: I know what it is, but I mean --
Chair Hardemon: -- facility. It's operated by the City of Miami; it's just that it has a
significant amount of frontage on a public street. It's a public facility; it's not private.
There's no private entity that controls it, and there's always -- there's a significant
amount of upkeep that goes to the space. And so, what that would do, it could help
actually keep the building --
Commissioner Diaz de la Portilla: No, I understand. I'm not arguing the merits of a
particular project. I'm just saying that this is something that could get -- it appears to
me can get out of hand. I can make arguments there's a whole bunch of park,s and a
whole bunch of theaters and places throughout the City of Miami that need funding,
and we start saying that this particular project -- program is going to begin to fund
all these things, who gets what? That's -- I think that should -- that's a broader debate
we need to have that it goes beyond this conversation, with the exception of the -- of
Commissioner Carollo's -- you know -- Bayfront Trust. I understand that one. But
the other ones are a little bit concerning. You just added one right out of your pocket.
You know, I'm sure Manolo Reyes -- Commissioner Reyes is thinking of something
else that he wants to fund, and we can go on. I have a list.
Chair Hardemon: I mean, it's only going to go where they put the --
Commissioner Diaz de la Portilla: I don't even want to do that.
Chair Hardemon: -- kiosks.
Commissioner Diaz de la Portilla: I understand. And you know where the kiosks are
going to go, right? They're going to go where the --
Chair Hardemon: Not necessarily.
Commissioner Diaz de la Portilla: Well, yeah. They're not going to go to a
residential area in Flagami. We know that, right?
Commissioner Reyes: Absolutely not.
Commissioner Diaz de la Portilla: They're not going to go there. So, you know,
there's a sense of fairness here that we have to be careful that when we take an item
that's already presented before us, and all of a sudden, we start adding things to it.
We call that in Tallahassee "a train." You know, it starts growing, it gets bigger, and
another car is added, another car is added. By the time you know it, it's gone. The
money's gone, and this hasn't been a fair debate about what has more merit, what
project has more merit than another.
Chair Hardemon: These are -- but for instance, when it comes to the Little Haiti, it's
not a project. It is --
Commissioner Diaz de la Portilla: I'm not debating the merits. I'm sure it's a
fantastic project. I'm not debating the merits.
Chair Hardemon: It's not a project.
Commissioner Diaz de la Portilla: I'm debating the principle, Commissioner. I'm
debating the principle, who receives money.
Chair Hardemon: Commissioner Carollo.
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Commissioner Diaz de la Portilla: I'm sure Commissioner Reyes thinks -- if I may
finish?
Commissioner Carollo: Sure.
Commissioner Diaz de la Portilla: I think Commissioner Reyes has great projects in
dire need of funding in his district; I know I have in mine; I know Commissioner
Carollo has in his; I'm sure Commissioner Russell, probably less. It's a more fluent
area, but it still has some projects that need help. Coconut Grove Playhouse comes to
mind; I mean, things of that nature. There are things that we have to be careful that
we don't say, oh, this money is available. If money will be available, let's go after it
and grab it, without having the kind of open, transparent debate that we need to have
about a ranking system where what project deserves immediate funding and what
projects can wait. That's my --
Chair Hardemon: Now, I hear what you're saying, but this is not a project --
Commissioner Diaz de la Portilla: It's a legislative principle --
Chair Hardemon: -- so my point is that either way it goes, that this money is going to
be spent in these spaces; that we're going to have to -- for instance, if there's a roof
leak at Little Haiti Cultural Center, it's going to have to be paid for, and we're going
to pay for it. That's just what's the bottom --
Commissioner Diaz de la Portilla: So, we can have a debate about it. We can have --
we have budget meetings, and we have a debate about it. And of course, it'll be -- if it
merits, it'll be paid for. But I'm also going to have a debate about -- perhaps
Commissioner Carollo will have a debate about the Tower Theater or other projects
in his district, and I'll have a debate about certain parts of my district that need -- and
I don't want to name any particular organization, because I fall into that trap then.
They'll say, well, he mentioned this one, and what about me? Maybe I have more -- I
deserve it more than this other guy deserves it. And that's a concern. And we're
having a budget debate about where these dollars should go, and we're adding here --
you know -- on the fly different organizations as to what -- and then we don't have
really a real debate about what -- which of these organizations and a ranking system
that merits the funding first and foremost. That's my concern.
Chair Hardemon: So (UNINTELLIGIBLE).
Commissioner Diaz de la Portilla: I see a little bit -- I'm not in Tallahassee anymore,
but I'm getting some flashbacks on Tallahassee trains and appropriate -- the
appropriations process where people have amendments last minute and say, well,
what about this guy? What about my project? And that's just not a good way. I
always complained about that up there, and I'll continue to complain about it down
here. So that's just my --
Chair Hardemon: I mean, listen, like, for instance, we make agreements right here in
this board, and then we don't follow through with those agreements. For instance, we
made an agreement that we were going to fund the senior feeding program, and there
were districts that gave up some of their funding to provide for other districts,
because there was more seniors in those districts. That was an agreement that we
made. We also made the agreement in that same meeting that we were going to split
the funding for the additional million dollars affording to API (Anti -Poverty
Initiative). We're not following through with that agreement; that agreement is being
changed. And so, you know, I kind of -- I take issue with -- you know, here, we're
saying every time there's something that we -- if we agree to it, then we should agree
to it, and we should follow through with what we've said as a board, as the City of
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Miami Government, et cetera. And here -- look, there's no -- I really don't have a dog
in this fight. You know, we don't have any of these things currently in our spaces.
They probably won't be in the space that I just said to you. If there is one that can
give you, for instance, direction and other information in the area, it would be nice to
have the revenue; that revenue might not be much, so it's not a big issue, and I'm not
fighting you. I understand exactly what you're saying, Commissioner Alex Diaz de la
Portilla. Essentially, you are correct; it could go too far the way you're describing it.
Commissioner Diaz de la Portilla: Yes.
Chair Hardemon: So I don't disagree with you, and I don't want you to take this
debate as a disagreement. But I just -- I heard an opportunity, and so, I expressed
that opportunity for that public space that's an asset of the City of Miami. But, you
know, it's not -- I'm not to debate it. What I do believe, though, is that we should all --
if we make an agreement about something, we should follow through with that
agreement. We shouldn't be trying to make changes to that agreement --
Commissioner Reyes: Absolutely.
Chair Hardemon: -- once we're aware of it.
Commissioner Diaz de la Portilla: If I may, Mr. Chairman.
Chair Hardemon: Yes.
Commissioner Diaz de la Portilla: Remember the debate we had at our first virtual
meeting that Commissioner Russell and I got into it a little -- into it. But -- and we -- I
said, "You can't do things" -- "You can't just surprise people with these kind of
funding ideas and not let the other Commissioners have an opportunity to answer."
That was a debate that we had the last time, very similar to that.
(UNINTELLIGIBLE) pocket items, amendments, which are okay, but this is not what
we're talking about today. What we're talking about a specific project that funds
certain agencies. I see -- I'm surprised that your Overtown CRA is not included in
this list; at least the list that I have in front of me, but I think it's because they have a
lot of money, so I think that's why they're probably not included here. But there are --
again -- and by the way, I'm also talking about the Arts, Cultural, Entertainment Fund
for Calle Ocho, and I think Commissioner Carollo had some comments about that. I
don't like the principle. And maybe the Mayor can chime in one way or the other; it
doesn't matter. I just don't like the principle. It doesn't matter. At the end of the day -
- you know -- I think it's a project that has merit and there's -- I have a whole bunch of
projects that I think have merit. There's a lot (UNINTELLIGIBLE) we're a poor city
in many ways, in many parts, so I understand all that. But this is not the way to do it.
I'm more concerned about the process, about -- I'm going to have this money right
now, because it's there. Let me take this. The candy grab that Commissioner Russell
referred to.
Chair Hardemon: And we can also continue the item. I -- Commissioner Joe
Carollo, I'll recognize you.
Commissioner Carollo: Thank you, Chair.
Chair Hardemon: And then Commissioner Reyes, and I'll come back to you.
Commissioner Carollo: I think Commissioner Diaz de la Portilla has made sense
with the statements that he's made. He pointed out that we should concentrate on the
governmental organizations that we have, and I would go along with that, because I
think the point that he's made, he's correct. There could be a lot of each individual
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projects in all of our districts that could be brought up, and I see what he's trying to
point out, and I agree with him, it's good policy. So I have no problem with the Arts,
Cultural, Entertainment Fund for Calle Ocho to be pulled out and substituted beyond
the one that we put in for Bayfront Park Trust properties with Southeast Overtown --
Commissioner Reyes: Park West Redevelopment project.
Commissioner Carollo: -- Southeast/Park West Overtown CRA.
Commissioner Reyes: Yes.
Commissioner Carollo: And we should leave at those though.
Ms. Mendez: I apologize but I had mentioned that, if that wasn't supposed to be on
the list. I was under the impression that Southeast Overtown/Park West was one of
the entities, as well.
Commissioner Reyes: No, no, no. Mr. Chair? Mr. Chair?
Chair Hardemon: Commissioner Reyes.
Commissioner Reyes: Yes. I am glad that Commissioner Carollo brought that up,
because I wanted Overtown/Park West Redevelopment Project, the CRA to be
included in that list, and I think that what we should do, following Mr. Diaz de la
Portilla, that line of thought, is just make a decision today on those entities that they
are governmental entities, including Southeast Overtown/Park West Redevelopment
Project. And if anybody -- I mean, any time in the future that one of these kiosks is
placed in a facility -- I mean in a public right-of-way that is near or close, or we think
that -- or the Commissioner of the area believes that it could help certain, or whatever
institution is helping the people in that area, well, we should have a discussion at that
time. That's what I believe.
Commissioner Diaz de la Portilla: And I agree with Commissioner, Mr. Chairman.
And I agree with Commissioner Reyes and Commissioner Carollo to include the
Overtown/Park West Community Redevelopment Agency. Mind you, what I'm doing
here has nothing to do -- I have nothing in here that goes to my district, so nothing
that goes specifically to any project in his district, either. So let's -- I wanted to point
that out. And Commissioner Carollo's -- Bayfront is not in his district, either. So this
is just a fair way of doing it, I think.
Vice Chair Russell: Commissioner -- Mr. Chairman?
Chair Hardemon: You're recognized, Commissioner Russell.
Vice Chair Russell: Are we -- Is RE.4 officially on the floor at this point for
amendments?
Commissioner Carollo: Yes, yes.
Chair Hardemon: Yeah, we're (UNINTELLIGIBLE).
Vice Chair Russell: Because I have several questions with regard to the agreement,
and then I just wanted clarification on the entities. I know there's been a lot of back
and forth. I just want to make sure that the original entities that were not brought up
just now that were written in are still in there. But I also had questions about the
procurement side of things when the time's appropriate.
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Chair Hardemon: The time is appropriate.
Vice Chair Russell: All right. So I posed some questions to Procurement, and I don't
believe I've gotten solid answers yet. So, Mr. Manager, maybe you can help me out
here. I want to make sure that the City -- because this is a major investment on their
side. I get that. So they're asking for a major commitment from our side. But I want
to make sure that commitment doesn't tie our hands if this doesn't work out for
whatever reason. I'd like to make sure that we can exit the contract. I know there's
10 years and 10 years. I want to make sure they can't unilaterally renew it in year 19
on their end by doing certain maneuvering. I'd like to make sure that if we do exit
early that the money that we've earned is on gross, not on net, because if we're on net
after all of their costs, which I understand is over 100,000 of install for every single
one of these kiosks, we may be in the negative for a long time before we see any of
that positive revenue. I don't want to care about their internal business workings. I
would like a very clean number that we know we're going to get. If they sell 100,000
in advertising, we get "X, "for example. If they make revenue in this way, we get "Y."
But I don't want to have to audit their books to know what their expenses are to get to
the net amount that we get a portion of. So, really, those are my two main concerns,
along with, of course, the entities that will receive the funds.
Commissioner Carollo: My --
Ms. Mendez: If I may? Remember that this is a piggyback, so we cannot materially
change the terms. So if you want those types of changes as in exiting early and net
versus -- you know, those type of changes -- we would have to restructure this, and it's
not something that we can do on a piggyback.
Vice Chair Russell: Well, my -- and Mr. Chairman --
Commissioner Carollo: My understanding --
Vice Chair Russell: -- I want to --
Chair Hardemon: Commissioner Russell, respond.
Vice Chair Russell: I understand that, but I want to trust that our Administration is
making sure and fighting for the best deal for us. And if that piggyback is not a good
deal, we need to take a good look at it just to make sure. I love the concept. I love the
revenue it could generate for us, but I want to make sure that the deal is appropriate
financially for us, and legally that we can exit it cleanly when and if necessary.
Ms. Mendez: Again, two things that you have mentioned are not a part of this
contract.
Vice Chair Russell: I don't know that. I haven't gotten clarification yet.
Ms. Mendez: Well, I'm telling you they're not, so.
Vice Chair Russell: So you're saying they can unilaterally extend this contract
beyond the 20 years?
Ms. Mendez: No, not beyond the --
Vice Chair Russell: That was one of my concerns I brought up.
Ms. Mendez: -- 20 years. Are you saying an exit, like a termination for convenience,
earlier? That is not part of this contract. Earlier than 20. Earlier than -- you know,
later than 10.
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Vice Chair Russell: We're in for 10 years no matter what, and our revenue is based
on the net, not the gross.
Ms. Mendez: I need to double check on the revenue. I'm just telling you the changes
in the revenue are material terms. I have to check if it's net or gross, but, I mean, if
you want those type of changes, again, it's a material change that --
Commissioner Carollo: I believe that it's the gross and we're getting it. This is what
I'm reading.
Commissioner Reyes: Yes.
Commissioner Carollo: Hundred per -- you know, on the gross.
Commissioner Reyes: Yes, sir.
Art Noriega (City Manager): No. It's net revenue; 20 percent of net revenue for the
first two years; 40 percent of net revenue for years three through 10.
Vice Chair Russell: And how do we get to net? What is the calculation that gets us to
net?
Mr. Noriega: I don't have that specific language in front of me.
Vice Chair Russell: I believe it subtracts all of their capital infrastructure installation
and permitting costs. And that's just a concern, so I'm very open to this concept and I
want to vote positively on it. But if we're unsure on what revenue we're getting, when
we get it and how much we get, I -- it might be worth taking a pause just to make sure
we get it right.
Commissioner Reyes: Mr. Chair.
Chair Hardemon: Commissioner Reyes, you're recognized.
Commissioner Reyes: Yes. That all depends then that in their costs they are -- I
mean, they are including the capital expenditures. If they are including the capital
expenditure, which will be expended in so many years, then we should -- I mean, and
we got a big concern. But if it is only on their operational cost --
Commissioner Carollo: Yeah.
Commissioner Reyes: -- the net in operational cost, then that's totally derent. Am I
right, Mr. Mayor -- City Manager?
Mr. Noriega: I'm going to get that answer in a minute, because what I have in front
of me --
Commissioner Reyes: If it is on the operational budget, and that is the cost of
operating minus -- I mean revenues minus the cost of operating, then we should get
that without including the capital cost of -- that is the cost of doing business that they
have to accept, and they have to eat it, too.
Annie Perez (Director, Purchasing): Chairman?
Mr. Noriega: Zerry and Annie are both on. One of them should be able to answer
specifically the section related to how the net calculation is defined.
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Chair Hardemon: You're recognized.
Ms. Perez: Good morning, Commissioners. Annie Perez, Director of Procurement.
Just a few things, a few clarifications for Commissioner Russell and for Madam City
Attorney. We do have an addendum to this contract that we typically do to include
some of our things that are bound by State statutes, like public records, et cetera, and
we do have a termination for convenience with a 30-day notice, and it's our typical
termination for convenience language. That's number one. So that's our exit strategy
I guess that you could say. It's not specific as to it's going to occur after the 10 years;
it's just our basic termination for convenience language.
Vice Chair Russell: Mr. Chairman, a question for Annie on the termination clause.
Chair Hardemon: You're recognized.
Vice Chair Russell: If we do terminate early, do we have to amortize all of the capital
investment that they've made and actually pay back any revenues we've gotten based
on net?
Ms. Mendez: That's what I wanted to clam. I understand that we have it in our
addendum, but that's not -- I don't think that the termination for convenience is
anything that they have considered. So we have not talked about anything like that,
about ending early, because they do have certain costs, so I think that that's
something that needs to be discussed further.
Chair Hardemon: Commissioner Carollo, you're muted.
Commissioner Carollo: I'm reading from what was handed to me that should be in
the package, and this is Ike Smart City, City of Miami shown here, and it's on Page --
the pages aren't -- they don't have numbers on them, but it's on Page 5. It says,
"Revenue Share 'A,"' in the bottom. "The City of Miami will receive 20 percent of
gross advertising revenue in years one and two, and 40 percent of gross advertising
revenues in year three through the end of the term. 'B,' Ike Smart City will pay for all
costs, including software development, hardware, install, repair and maintenance."
Now, Mr. Manager, I'm given something as my backup that says "gross." How did
this turn to be net? How did it turn out to be net?
Mr. Noriega: Commissioner, I'm not sure how you received that document, but to be
clear, the St. Louis RFP (Request for Proposals) specifically states that it's net
revenue, not gross. So we're going to need to get a little bit of clarification on that.
Commissioner Carollo: Well, then you know what? Maybe Commissioner Russell is
correct. We need to, you know, go over this again because I was going on something
based on gross.
Chair Hardemon: Commissioner, Alex Diaz de la Portilla.
Commissioner Diaz de la Portilla: I think -- me too. I mean, my understanding was
that it was based on gross revenue; and so, can we take a look at that now, Mr.
Manager, and see what the language actually says? Do you have it there in front of
you or does someone on your staff have it that we can see what it says?
Ms. Perez: I can chime in.
Commissioner Diaz de la Portilla: It's a big derence. It's a big difference,
obviously. That's a deal breaker for me if it's net and not gross because I operated
under the impression that it was gross.
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Vice Chair Russell: We did interrupt Annie. I apologize.
Ms. Perez: If I may. So our City Manager is actually correct. The contract does
state 20 percent of net revenue through year two; 40 percent of net revenue years
three through ten. And I'm going to define what "net revenue" is. So net revenue is
gross less utility connection fees, less all costs incurred for utility services, less
repair, maintenance, cleaning and warranty costs, and lastly, depreciation costs. So
that is how the contract defines net revenue.
Commissioner Reyes: No capital, prorated capital expenditures.
Ms. Perez: Well, the depreciation --
Mr. Noriega: No, but there is depreciation in there.
Ms. Perez: There's depreciation.
Commissioner Reyes: That's right.
Vice Chair Russell: Can we get a projection of what that would yield on a -- they
know what their capacity is for advertising, so we should be able to get a projection of
what these revenues look like in a worst -case scenario.
Commissioner Diaz de la Portilla: Well, there's --
Chair Hardemon: You're recognized, Commissioner.
Commissioner Diaz de la Portilla: -- is there any representative of the company that
can test fy and give us some answers to these questions?
Commissioner Reyes: I have a question, Madam City Attorney. I know that we are
piggybacking, because, I mean, this is the way that it was structured. But if the
company wants to -- I mean, the company commits to changing it instead of net to
gross, would -- I mean, outside of the contract --?
Ms. Mendez: A bid waiver.
Commissioner Reyes: Huh?
Ms. Mendez: It would have to be four -fifths and a bid waiver, and we'd have to reset
it.
Commissioner Reyes: You'd have to reset it and it's -- but it could be done?
Ms. Mendez: Yes. You could definitely negotiate more favorable terms.
Commissioner Reyes: Okay.
Ms. Mendez: It would have to be a bid waiver. It would have to be reset, and it
would have to be voted on after it's advertised as a bid waiver.
Commissioner Reyes: I agree that -- with Commissioner Carollo and Commissioner
Diaz de la Portilla, and I also -- you know, we could analyze this a little bit more and
try to get the company to commit to what Commissioner Carollo read, which is gross
revenues.
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Commissioner Carollo: That's what we were given. We were given this information
in the backup.
Commissioner Reyes: And our decision, Commissioner, was made based on that
information. That's it.
Commissioner Diaz de la Portilla: I have the same information here.
Commissioner Reyes: Yes.
Commissioner Carollo: Yeah. I have great problems with what's in the contract
versus what we got that is what I was going by all along. So I think the way to go is
forget about piggybacking. Let's negotiate this to the terms that I think that I hear all
of us want, which is a fair gross number. In fact, I will tell you right now, this
contract, I assume that they were only giving us in the first two years the 20 percent,
because that's where they were going to make up the money for installing it. I wasn't
crazy about that already, but I assumed that that's what it was for. Now, from what is
read to me that's in -- and what I just heard that's in the contract, is different than
"B," of what we have here. It says that Ike Smart City will pay for all costs, including
software development, hardware, install, repair, and maintenance, in addition of the
gross versus net. So I think this needs to be tabled. We need to bring it back the right
way, not piggybacking. If a majority of us want to vote for it, I think we'll have the
4/5ths, but this is going to have to be renegotiated.
Chair Hardemon: Okay. So is there a motion, then, to continue it to the next agenda,
or you want to indefinitely defer it, or how do you want to do this?
Commissioner Carollo: I will make a motion to continue it to the next agenda. I
think we could be ready by the next agenda; if not, then we'll defer it again, but I think
we could be ready by the next agenda.
Ms. Mendez: Okay. Just -- I wanted to remind everyone that print and any
negotiations and all that would have to be done by Monday, so the Administration
would really have to work on this issue.
Commissioner Carollo: Well --
Commissioner Diaz de la Portilla: Mr. Chair?
Chair Hardemon: You're recognized, Commissioner.
Commissioner Diaz de la Portilla: We could put it on the agenda, and then if you
continue the negotiation; just notice it.
Commissioner Carollo: Yeah.
Commissioner Diaz de la Portilla: Come the Commission meeting, we can have a
final product. It's just --
Ms. Mendez: So if we are noticing it as a 4/5ths, I'm just -- it could be a substitute at
that point, and then that could be --
Commissioner Diaz de la Portilla: Correct.
Ms. Mendez: -- five-day rule.
Commissioner Reyes: That's right.
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Ms. Mendez: So I just want everybody to understand that.
Commissioner Diaz de la Portilla: All right. We'll defer it again. But, I mean, the
idea, I think, what Commissioner Carollo wants to do is, he wants to attain finality in
what we do, because we can't continue to defer things and defer things. Either we do
it or we don't.
Ms. Mendez: Right. I just --
Commissioner Diaz de la Portilla: But we got to make a decision.
Ms. Mendez: -- I needed all of you to remember when the print deadlines were, and
that this would be a different document then. It wouldn't be fine -- you know. So
that's why I had to bring it up.
Commissioner Carollo: You know, I think we all agree, no "shoo -shoos" on this one,
right?
Commissioner Diaz de la Portilla: No; no "choo-choos."
Commissioner Carollo: No "choo-choos."
Commissioner Reyes: Commissioner Carollo --
Mr. Noriega: If I may, Mr. Chair?
Commissioner Reyes: -- no "choo-choos."
Chair Hardemon: The Manager; then Commissioner Russell.
Mr. Noriega: Well, I need very clear direction, because there's been a lot of
discussion here, but I want to be -- I want it crystal clear what direction I'm being
given relative to the revenue portion of it, because it is, as defined -- obviously, if
we're moving away from the piggyback -- but it is clearly defined. They call it "gross
revenue," but it's gross revenue net; certain specific expenditures and depreciation
calculations. So it's a funny way of playing with the wording.
Commissioner Reyes: Yes.
Mr. Noriega: It's not gross revenue. So let's be clear. Is the intent to identy the
revenue stream as a straight gross, without any backing up -- backing out of
expenses?
Commissioner Carollo: I would put it that way, Art; 40 percent, as you described, is
straight gross. I mean, frankly, by doing it that way, they're covering themselves,
because they got 10 percent that they could cover any of the other expenses they have
in that, and I would go with straight gross, 40 percent.
Commissioner Reyes: Well, let's wait and see what our City Manager can negotiate
with this and assist.
Commissioner Carollo: The only thing that maybe we could give the Manager some
leeway --
Commissioner Reyes: Yes.
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Commissioner Carollo: -- on the gross would be inclined, maybe, to take out of gross
would be a fixed percentage that we agree to, that it be no more than a fixed
percentage for whatever they have to pay national firms or local firms -- usually it
would be national -- for the advertisement; whatever fee they pay for getting that
advertisement. But outside of that, everything else should be gross.
Mr. Noriega: Well, then, what we'd do then is really just modem the gross number.
So if it's --
Commissioner Diaz de la Portilla: Yes.
Mr. Noriega: -- 40 percent and the intent was 2 or 3 percent allocated for a media
buy or whatever, then the number just gets adjusted to 37 or 38 percent.
Commissioner Diaz de la Portilla: Absolutely.
Mr. Noriega: Then it should just be a flat gross, and I -- we'll proceed in that
manner.
Commissioner Carollo: Well, I would prefer that we give them a fixed number that --
of what the industry usually gets on advertising that people sell and provide, and then
we go from the gross minus that. I think that would be a lot clearer and cleaner.
Mr. Noriega: Okay.
Chair Hardemon: You're recognized, Commissioner.
Commissioner Diaz de la Portilla: Oh, thank you. Obviously, it has to make sense
for both entities, right? So I want to give some, because otherwise, they won't do it or
no company will do it, because they're going to make their money, and we got to drive
the hardest bargain we could drive, right? So the 40 percent, I agree. But I think the
original proposal was 20 and 40; 20 for the first couple years, and then 40 for the
next year, and not 40 across the board, unless, Commissioner Carollo, you want to do
40 across the board. But within that debate, I think we should give the Manager some
flexibility, obviously, ask him -- and be very clear that we have to get the best possible
deal for the City of Miami for our taxpayers. That's the number -one priority.
Commissioner Carollo: That's correct. I would like to see the 40 across the board,
but in the first two years, I will give the Manager some leeway based upon what
information they give him of what their actual cost is going to be.
Commissioner Diaz de la Portilla: Correct. Give some flexibility for him to come up
with something, and if it works, it works, and if it doesn't, it doesn't.
Commissioner Reyes: That's exactly what I said; that we have to give the Manager
the authority and flexibility to -- I mean, he is the one that is negotiating the deal.
Commissioner Diaz de la Portilla: And this will be the first opportunity to see --
Commissioner Reyes: Absolutely.
Commissioner Diaz de la Portilla: -- Mr. Noriega's negotiating skills, how fine they
are, how intense they are, and it's a really good test for Mr. Noriega, I think, for our
Manager now.
Commissioner Reyes: We'll all be looking at that.
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Commissioner Diaz de la Portilla: Yes, I will be very carefully.
Commissioner Carollo: Well, I hope he won't come with anything less than they've
offered in this contract. (UNINTELLIGIBLE) on another contract.
Commissioner Reyes: Yes.
Mr. Noriega: I'm up to the challenge.
Commissioner Carollo: Good.
Commissioner Reyes: Okay.
Chair Hardemon: Well, then, Commissioner Carollo, you move to continue RE.4 to
the next agenda?
Commissioner Carollo: Yes.
Commissioner Diaz de la Portilla: Second.
Chair Hardemon: It's been seconded by Commissioner Diaz de la Portilla. Any
discussion? Seeing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: That motion carries.
Ms. Mendez: Chairman?
Chair Hardemon: Yes.
Ms. Mendez: I just wanted to clam that that item may have to be a new item, so I
don't know if we -- you know --
Chair Hardemon: No, I understand.
Ms. Mendez: Okay.
Chair Hardemon: I understand. But that item is continued, and then you may
produce a new item for a 4/5ths vote.
Ms. Mendez: Thank you.
Mayor Francis Suarez: Mr. Chair, ifI may?
Chair Hardemon: You're recognized, Mr. Mayor.
Mayor Suarez: Thank you, Mr. Chair. First of all, I want to commend Commissioner
Carollo for the pocket item on inviting the National Guard to the airport to screen
passengers. I think that is a great idea, and I think something needs to be done, as he
mentioned, about the airport and the millions of people that are coming through our
airport, you know. I want to thank Commissioner Diaz de la Portilla for supporting
my request of the President to shut down flights from COVID-19 hotspots; something
that Puerto Rico has now done; American Airlines did of its own volition the
following Sunday. And so, I really want to thank Commissioner for coming up with
something that I think would be a good fit in the absence of you know, them shutting
down those flights. So I commend you, Commissioner, for that idea. It's a good idea.
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RE.5 RESOLUTION
7260
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, APPROVING THE APPOINTMENT AND
COMPENSATION OF CHRISTINA CRESPI AS THE EXECUTIVE
DIRECTOR OF THE MIAMI DOWNTOWN DEVELOPMENT
AUTHORITY OF THE CITY OF MIAMI, FLORIDA.
ENACTMENT NUMBER: R-20-0109
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item RE.5, please see Item RE.1.
RE.6 RESOLUTION
7265
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ESTABLISHING A ONE (1) YEAR PILOT
PROGRAM FOR THE USE OF ELECTRIC CARGO BICYCLES ("E-
CARGO BIKES") FOR DELIVERY PURPOSES AS AN
ENVIRONMENTALLY FRIENDLY AND CONGESTION -REDUCING
ALTERNATIVE TO LARGE DELIVERY TRUCKS IN THE
DOWNTOWN AREA, BRICKELL AREA, AND CORAL WAY AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED
AND INCORPORATED; FURTHER PROVIDING MINIMUM
REQUIREMENTS FOR PILOT PROGRAM PARTICIPATION,
INCLUDING OBTAINING A CITY OF MIAMI ("CITY") BUSINESS
TAX RECEIPT, INSURANCE, AND FURNISHING A SIGNED AND
NOTARIZED HOLD HARMLESS FORM TO THE CITY.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Carollo, Reyes
ABSENT: Diaz de la Portilla
Note for the Record: Item RE.6 was deferred to the April 23, 2020, City Commission
Meeting.
For minutes referencing Item RE.6, please see "Order of the Day" and Item RE.1.
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RE.7 RESOLUTION
7329
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), SUPPORTING THE PASSAGE OF FEDERAL
LAW H.R. 6201, THE CORONA VIRUS RESPONSE ACT;
FURTHER RESOLVING THAT DURING THE DECLARED
PRESENT STATE OF EMERGENCY DUE TO THE CORONA
VIRUS, ALSO KNOWN AS COVID-19, NO CITY OF MIAMI
EMPLOYEE WILL LOSE HIS OR HER PAY FOR REGULAR OR
SCHEDULED HOURS OF EMPLOYMENT AND/OR APPLICABLE
BENEFITS.
ENACTMENT NUMBER: R-20-0110
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item RE.7, please see Item RE.1.
RE.8 RESOLUTION
7319
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION NOT
EXERCISING ITS CANCELLATION AUTHORITY UNDER THE
EXISTING REVOCABLE LICENSE AGREEMENT WITH EVENT
ENTERTAINMENT GROUP, INC. ("LICENSEE") FOR THE ULTRA
MUSIC FESTIVAL ("EVENT") TO BE HELD AT THE CITY -OWNED
PROPERTY KNOWN AS BAYFRONT PARK ("PROPERTY") IN
2021 AND NOT OPPOSING THE LICENSEE'S INTENTION TO
HOST THE EVENT AT THE PROPERTY IN 2022.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Carollo, Reyes
ABSENT: Diaz de la Portilla
Note for the Record: Item RE.8 was deferred to the June 11, 2020, City Commission
Meeting.
For minutes referencing Item RE.8, please see "Order of the Day," "Public
Comment for all Items," and Item RE.1.
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RE.9 RESOLUTION
7327
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING
THE MOTORIZED SCOOTER PILOT PROGRAM FOR AN
ADDITIONAL TWO (2) MONTHS FROM APRIL 15, 2020 TO JUNE
15, 2020.
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Carollo, Reyes
ABSENT: Diaz de la Portilla
Note for the Record: For minutes referencing Item RE.9, please "Order of the
Day" and see Item RE.1.
RE.10 RESOLUTION
7337
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING
GRANT FUNDS FROM THE DISTRICT 5 COMMISSIONER'S
SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE
PROGRAM IN A TOTAL AMOUNT NOT TO EXCEED TWO
HUNDRED THOUSAND DOLLARS ($200,000.00) TO THE LIBERTY
CITY COMMUNITY REVITALIZATION TRUST FOR THE YOUTH
EMPLOYMENT PROGRAM.
ENACTMENT NUMBER: R-20-0111
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item RE.10, please see Item RE.1.
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Meeting Minutes April 9, 2020
RE.11 RESOLUTION
7354
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING
IN ITS ENTIRETY RESOLUTION NO. 19-0420 ADOPTED ON
OCTOBER 24, 2019 AND DE -ALLOCATING ANTI -POVERTY
INITIATIVE ("API") FUNDS IN THE TOTAL AMOUNT OF TWENTY-
FIVE THOUSAND DOLLARS ($25,000.00) ("FUNDS") THAT WERE
PREVIOUSLY AWARDED TO THE NATIONAL ASSOCIATION FOR
THE ADVANCEMENT OF COLORED PEOPLE, INC., A FOREIGN
NOT FOR PROFIT CORPORATION ("NAACP"), ON BEHALF OF
THE MIAMI-DADE BRANCH OF THE NAACP IN SUPPORT OF
THE NAACP'S FREEDOM FUND; FURTHER, PURSUANT TO
SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), RE -ALLOCATING THE
FUNDS FROM THE MAYOR'S SHARE OF THE CITY'S ANTI-
POVERTY INITIATIVE TO THE RESOURCE ROOM, A FOREIGN
NOT FOR PROFIT CORPORATION, ON BEHALF OF THE MIAMI-
DADE BRANCH OF THE NAACP FOR ITS FREEDOM FUND;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN
FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID
PURPOSE.
ENACTMENT NUMBER: R-20-0112
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item RE.11, please see Item RE.1.
END OF RESOLUTIONS
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Meeting Minutes April 9, 2020
SR - SECOND READING ORDINANCES
SR.1 ORDINANCE Second Reading
6789
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 22.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ("CITY CODE"), TITLED "GREEN INITIATIVES", BY
ADDING ARTICLE VII, TITLED "FLORIDA-FRIENDLY FERTILIZER
USE ON URBAN LANDSCAPES," TO REQUIRE FLORIDA-
FRIENDLY LANDSCAPE PRACTICES; TO PROVIDE FOR
COMPLIANCE WITH STATE LAW; TO PROVIDE FOR
DEFINITIONS; TO PROVIDE FOR OTHER GENERAL
REQUIREMENTS CONTAINED IN THE ORDINANCE;
CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE.
ENACTMENT NUMBER: 13896
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Ken Russell, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Chair Hardemon: Okay. So at this point, what 171 ask the City Attorney to do is to
read into the record the second reading ordinances. Please read all of them, SR.1
through SR.4, into the record and then we'll come back and we'll address each one of
them.
Victoria Mendez (City Attorney): Chairman, just to be clear and for public comment
purposes, I believe that -- can we have public comment end at noon so that IT
(Information Technology) can put everything together and be able to relay it to all of
you in an orderly fashion based on all of these pockets?
Chair Hardemon: Allow them to put -- start putting it together now.
Ms. Mendez: Apparently, there's IT issues that I -- they need to like have a --
Chair Hardemon: Okay but we're not addressing the pocket items just yet, so let's
read into the record, and then we'll get there when we get there.
Ms. Mendez: Okay.
Chair Hardemon: So read SR.1 through SR.4 into the record.
Ms. Mendez: SR.1.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: That is SR.1. SR.2.
The Ordinance was read by title into the public record by the City Attorney.
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Meeting Minutes April 9, 2020
Ms. Mendez: SR.3.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: And SR.4: An ordinance of the Miami City Commission amending
Chapter --
Chair Hardemon: Before we get to SR.4, do you think that we should continue this to
the next agenda item with the other items that it pertains to?
Commissioner Reyes: This has to do with the kiosk, right?
Chair Hardemon: Right.
Ms. Mendez: Right.
Commissioner Reyes: If we don't have this one, we cannot vote in favor of the kiosk.
Chair Hardemon: Correct.
Ms. Mendez: Correct. It depends, because we were only -- it depends what type of
policy you're interested in. Are you interested in having this ordinance available to
you? Remember, it's a nonexclusive contract, so any other providers could come in
and do these types of things. So it depends what your -- if you don't want this, then we
don't do it, and we could reschedule it for next time. If you want this policy change,
then we do it today. It's up to you.
Chair Hardemon: Commissioner Russell then Commissioner Alex Diaz de la Portilla.
Vice Chair Russell: Thank you. If this ordinance section of the item is not related to
the procurement side with that particular company, I would be in favor of moving
forward with the ordinance side of this.
Chair Hardemon: Commissioner.
Commissioner Diaz de la Portilla: Yeah. So would I. I mean, if it opens it up to
other competitors that could come in and we can get a better deal as a result, let's do
it.
Commissioner Reyes: That's right.
Chair Hardemon: (INAUDIBLE).
Commissioner Diaz de la Portilla: So I agree with him. That's the whole idea is to
get the best possible deal. If we pass the ordinance, it's not related to procurement or
giving a contract to any particular vendor, we open it up and we see what we get.
Chair Hardemon: All right. You can read it into the record.
The Ordinance was read by title into the public record by the City Attorney.
Chair Hardemon: Is there a motion to approve the SR (Second Reading) agenda?
Vice Chair Russell: So moved.
Commissioner Reyes: Second.
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Chair Hardemon: It's been properly moved --
Commissioner Carollo: IfI could have --
Chair Hardemon: -- and seconded.
Commissioner Carollo: SR.2 --
Chair Hardemon: (INAUDIBLE).
Commissioner Carollo: -- pulled from the group so we could vote on it separately.
Chair Hardemon: Okay.
Commissioner Reyes: That's the food truck.
Chair Hardemon: Moved and seconded.
Commissioner Reyes: That's the food truck.
Commissioner Carollo: Yeah.
Chair Hardemon: The mover and seconder agree to that?
Commissioner Reyes: I agree with it.
Chair Hardemon: Okay. So the motion is to approve SR.1, 3 and 4.
Commissioner Carollo: Well, 4 is the one that was with the kiosk so --
Commissioner Reyes: Yes.
Commissioner Carollo: -- don't we have to pull that one out, too, now or not?
Commissioner Reyes: Not necessarily. What we're doing is we are allowing people
to come, and if they want to establish those kiosks, then it will be a competition for the
other ones for everybody, you see. We are opening up the possibility of having a
kiosk in the City of Miami, and offering us whatever type of benefits they think that
will get our attention, and that's what this will do, you see.
Commissioner Carollo: Okay. All right.
Commissioner Reyes: Well that's my opinion. I don't know if anybody thinks
differently but I think it's --
Ms. Mendez: Yes.
Commissioner Reyes: -- we will have to have this in order to be able to approve the
other one.
Commissioner Carollo: Okay.
Chair Hardemon: Okay, so it's been properly moved and seconded that we approve
SR.1, 3 and 4. Any further discussion? Seeing none, all in favor of the motion, say
"aye."
The Commission (Collectively): Aye.
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Chair Hardemon: All against? Motion carries. Mr. Clerk, you captured that, right?
Todd B. Hannon (City Clerk): Good to go, sir.
Chair Hardemon: Thank you very much.
SR.2 ORDINANCE Second Reading
7068
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 31/ARTICLE II OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND
MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS
TAX (BTR);" MORE PARTICULARLY BY AMENDING SECTION 31-
51, TITLED "FOOD TRUCKS OPERATING ON PRIVATE LAND," TO
MODIFY THE REGULATIONS FOR FOOD TRUCKS OPERATING
ON PRIVATE LAND, INCLUDING BUT NOT LIMITED TO
REQUIRING SITE PLAN APPROVAL FOR FOOD TRUCKS THAT
PARK OVERNIGHT OR ARE PRESENT MORE THAN THREE (3)
DAYS A WEEK ON PRIVATE PROPERTY; CREATING
STANDARDS FOR SUCH SITE PLAN APPROVAL; PROVIDING
FOR AN EXEMPTION OF FOOD TRUCK REQUIREMENTS FOR
PROPERTIES USED BY RELIGIOUS OR EDUCATIONAL
INSTITUTIONS AND AN EXEMPTION FROM CERTAIN
REQUIREMENTS FOR FOOD TRUCKS ENGAGED SOLELY IN
APPLICATION -BASED MEAL PRODUCTION; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Ken Russell, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: Item SR.2 was continued to the May 14, 2020, City
Commission Meeting.
Note for the Record: For directive referencing Item SR.2, Please see Item NA.4.
For additional minutes referencing Item SR.2, please see Item SR.1.
Chair Hardemon: SR. 2.
Vice Chair Russell: Mr. Chairman.
Chair Hardemon: Oh, then Commissioner Russell.
Vice Chair Russell: Thank you. With regard to food trucks, I just wanted to bring to
everyone's attention what's been going on in the background with the Manager, the
DREAM (Department of Real Estate and Asset Management) Department, and food
trucks, and satellite kitchens. For lack of this ordinance, we've had to force these
satellite kitchens that will be servicing a lot of our meal providing not only for regular
business to our residents but also within meals programs to our city properties,
because without this ordinance, they have to move around every three days where the
company -- one of the companies that's trying to do this owns parking lots, and they
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own the satellite kitchens but they can't stay stationary and these kitchens aren't like
food trucks. They're more like shipping containers. So this ordinance would help us,
and it would also help food trucks in general to serve our residents, which they are
one of the more nimble low overhead, low manpower food delivery options that
people have to call, and they have options for apps for delivery. And the ordinance
still does keep it out of District 3, so it would not be allowed in District 3, but the
ordinance will allow food trucks on private property in a certain way, and then the
satellite kitchens to operate, which we do need right now.
Chair Hardemon: You're recognized, Commissioner Diaz de la Portilla.
Commissioner Diaz de la Portilla: Thank you. I have a question for our Manager.
Mr. Manager, under your executive -- your emergency powers now, do you have the
ability to waive this ordinance to allow food trucks and these (INAUDIBLE)?
Arthur Noriega (City Manager): (INAUDIBLE) waive the ordinance for these
(INAUDIBLE) defined to operate on certain City properties. We've been negotiating
with them. That's not finalized yet. In terms of a couple locations on City property
was an opportunity for us to add another food option and another food element
citywide in addition to what we already have. So I -- we really just were approaching
it as a temporary solution to allow for additional food alternatives for our residents.
Commissioner Diaz de la Portilla: But my question is, do we need to pass this to --
for you to do what you do now?
Mr. Noriega: No.
Commissioner Diaz de la Portilla: Okay. So (INAUDIBLE) two different debates,
right? It's one --
Mr. Noriega: Well, he -- the Commissioner's just bringing it up, something that we're
working on that we've been working on separate from this. This ordinance is a --
what we created was an emergency solution, but the ordinance is obviously a
separate item.
Commissioner Diaz de la Portilla: It's an emergency solution for a specific time in
history that something really bad has happened. So you have the power to do all
these different things now under the emergency ordinance that you can issue. And
you don't need this ordinance to do this. This is really a debate -- this ordinance is a
debate about the future of food trucks in our community, not about what's happening
now; is that correct?
Mr. Noriega: Yes.
Vice Chair Russell: Mr. Chairman.
Chair Hardemon: Commissioner Russell.
Vice Chair Russell: Just to clam though, Art, if you could help me out here. I was
told that even under your emergency powers, you could not allow them to operate as
they were going to on their properties. And so, you've made a workaround to put
them on --
Mr. Noriega: Yes.
Vice Chair Russell: -- our properties. So your powers did not allow them to do what
they were trying to do to service the community during this crisis. But by putting them
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on our property, there's all these additional -- I mean, we've slowed it down. They
haven 't been able to serve now for the last two weeks. They still have electric
hookups. They haven 't even figured out who's paying for that. They're working out a
contract with DREAM. They wouldn 't have had to do any of that if they could just
operate on those private properties. And I don't see why your powers don't allow you
to allow them to work on those private properties regardless of our Code at this
moment, because we have these food needs. They have the infrastructure. They have
the property. But I was told you did not have the ability to allow them. I would
venture to disagree; that you do have the ability under the emergency order to allow
them to operate on those private properties. We've really had to do a heavy
workaround to bring them onto our City properties, which I'm trying to cooperate and
make it happen but I don't think it was necessary, and I was just hoping this ordinance
would clear it up, so they would have the right. But if you have the power to do it
without this ordinance, I'm okay. But I think we're doing a lot of extra work to work
around what this ordinance would have solved.
Mr. Noriega: I'll let the City Attorney opine to whether I have the ability to modem
the Code, per se, without --
Ms. Mendez: Right. What --
Mr. Noriega: -- as part of my emergency powers but --
Ms. Mendez: -- what --
Vice Chair Russell: Not to modify the Code; just allow them temporarily to operate
on private property.
Ms. Mendez: -- this all has to do with is enforcement at the end of the day. So it's
whether or not it is enforced, whether or not the Code is enforced, whether or not, you
know, they are stopped from using (INAUDIBLE).
Vice Chair Russell: I would disagree. They want to be a long-term operator, so they
don't want to violate our Code, even if we're not going to enforce it right now. They
don't want a stain on their record. They don't want to be bad (INAUDIBLE).
Ms. Mendez: But it's an enforcement -- at the end of the day, it's an enforcement
issue, and that's what --
Mr. Noriega: But my emergency --
Ms. Mendez: -- the Manager has powers to --
Mr. Noriega: -- but also, let's keep in mind that my emergency powers are limited to
the amount of time we have in which an emergency has been declared, actually. I
don't have the ability to extend this in perpetuity. So at some point, the emergency --
the declaration of an emergency is going to cease, right? So they'll have to stop
operating in that capacity, as well. The other thing that I want to point out so that we
have some clarity to that is that if I open it up for this -- in this particular case, it may
open up other unintended consequences with other types of vendors. I'm pointing that
out. I don't have any issue with it. If you say I can do it, fine. I don't have any issue
with letting them operate where they're operating now. I think it ultimately solves the
same problem. But with the understanding that at some point, right, the declaration
of an emergency is going to end. That could be a month from now. That could be six
weeks from now. It could be two months from now. They're going to have to
immediately stop operating, anyway. So if the intent is -- if there's a desire to move
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this legislation forward, it'd be better to move it forward, because then there's not --
I'm not getting squeezed in terms of the timeline.
Vice Chair Russell: I'll move the item if the support is there.
Chair Hardemon: Commissioner Diaz de la Portilla.
Commissioner Diaz de la Portilla: Well, no, the only thing I'm pointing out is that
Commissioner Russell said that he -- certain things cannot be done to feed people that
need to be fed in our community now, and that we need this ordinance -- or he implied
it at least -- or that we need this to get that done. He was marrying two things that
shouldn 't be married. There's a debate about food trucks that's been going on in this
city for years, and will continue to go on. That's a debate that needs to be had; I
agree with that. But that has nothing to do with feeding people or not being able to
feed people during this crisis. That's my point. He was marrying two things that
should not be married. They're two different debates.
Commissioner Reyes: I -- Mr. Chair?
Chair Hardemon: Yes.
Commissioner Reyes: I do agree that they shouldn 't been married but I have a
concern with this. My main concern is something that I witnessed in my district.
There was a food truck that was on a private property. It was an empty lot
(INAUDIBLE) backyard of a house and they were serving food. What I want to know
if the ordinance allows them in neighborhoods, in a neighborhood to just go to a
private lot and establish themselves there as a restaurant, and keep on serving food.
Madam City Attorney, does allow -- this does allow that?
Ms. Mendez: You said in a residential area?
Commissioner Reyes: In a residential area.
Ms. Mendez: No, no, it does not.
Commissioner Reyes: Okay.
Commissioner Diaz de la Portilla: But they can go in front of a restaurant?
Commissioner Reyes: They could go in front of a restaurant that is empty, and start
competing with the brick and mortars.
Commissioner Diaz de la Portilla: Right. And I think that was -- that's been
Commissioner Carollo's concern all along at the last Commission meeting --
Commissioner Reyes: Absolutely, absolutely.
Commissioner Diaz de la Portilla: -- removing District 3 from it. I'm not against
food trucks, but I do have a concern about, you know, brick and mortar restaurants
that pay construction costs, and taxes, and a lot more expense, a lot more overhead
than these food trucks. And they park in front and can take that business away. So
this is a much broader, deeper debate that needs to be had about this. So I'm just a
little bit concerned about doing it like this. I will probably not support it as it is now,
because I'm not happy with what it looks like right now.
Commissioner Reyes: Mr. Chair -- Keon.
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Chair Hardemon: You're recognized, sir, Commissioner Reyes.
Commissioner Reyes: Yes. I think that we're talking about two derent things here.
Mr. Russell is talking about those permanent kitchens that they're going to be quasi -
permanent, that they are going to act as restaurants for different restaurants, and they
will be only takeout, and they will distribute and deliver the food from those
particular restaurants, the restaurants that come and work with them. And we're
talking about -- and now we're including food trucks, that they move around, you see,
that they're going to be moving around, and they're being established, as
Commissioner Diaz de la Portilla said. If it is an empty lot, which is a private
property across the street from a restaurant, they could establish themselves there,
and then they will be competing with an institution -- a brick and mortar institution
that has different expenditures, different costs, and are paying different taxes to the
City of Miami. And I don't want to see that. That's a big -- that's a huge concern that
I also have. And I think that we have to divide this, too. This is not -- the kitchen is
one thing and the food trucks is another, you see.
Chair Hardemon: Gentlemen, then what's the action that's being requested on this
item?
Vice Chair Russell: I'd like to move the item, and I'd like to clam one last thing with
the Manager. Just a simple question, Manager, to clam some of this discussion. If
this ordinance were in place, isn't it true that seven kitchens would have been
operating for this last two weeks serving the public that have not been?
Commissioner Reyes: Okay, let me ask you something.
Vice Chair Russell: I --just if the Manager could answer, because I think that goes to
the point of why I brought the crisis into this discussion. They have not been able to
operate. We're trying to find a way for them to operate, and they may get there, but
we have lost two weeks offood supply to our community because --
Commissioner Diaz de la Portilla: The Manager with emergency powers can do this.
We don't need to have --
Vice Chair Russell: I agree with you. I agree with (INAUDIBLE) --
Mr. Noriega: If I can. I think what the Commissioner's trying to clarify is if this had
passed the first time it was up for reading, would they have been in place by now?
The answer would be, yes, they would have, obviously. But this legislation hasn't
passed, so obviously, they have not had the ability to operate as a result.
Commissioner Diaz de la Portilla: No, no because it's second reading. It doesn't
become a law until it clears second reading, so they couldn't have done it in the first
reading. They had to have waited for it to become law. So you couldn't have --
there's no correlation here. There's two d fferent debates, and the insistence on trying
to make it one thing, it's not. You can do whatever you want right now in terms of
these concerns, these seven kitchens that Commissioner Russell -- and he agrees with
me -- is talking about. You could do it --
Unidentified Speaker: No.
Commissioner Diaz de la Portilla: -- under your emergency -- let me finish please --
powers. We don't need to do this ordinance right now. And I think this is a debate
that needs to be had. I think other Commissioners have concerns about these food
trucks that have been expressed in the past. I have some. I don't happen to have that
restaurant problem, because I have very few restaurants, really, in my district,
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unfortunately. So the food trucks are actually something good for the district I
represent, but with certain limitations and certain concerns about the brick and
mortar arguments that Commissioner Reyes and I have been making that it's an unfair
competitive advantage. It's not an even playing field for these brick and mortar
establishments that pay taxes, and have additional overhead, and construction costs,
and all these other things. So I think I'm going to vote against it. I'm not happy with
it the way it is right now, but I'm very, very open and willing to have the debate in the
near future about doing something that works for -- is amenable to the majority of this
Commission.
Mr. Noriega: Commissioner, if I may? So to talk a little bit about the history, it
passed on first reading in January, and it was up for second reading March 12, and
was deferred. So that's where we -- we're sort of addressing the timeline a little bit.
That's what I was referencing.
Commissioner Diaz de la Portilla: Okay.
Commissioner Reyes: Another question, you see, my question is, last meeting, last
time we talked about this, there were some conditions that were placed that --
distance and all of that, and distance from restaurant. And I want to avoid that. I
don't know if those conditions -- I want to make sure that they are in place, that we
will not have the problem that Commissioner Diaz de la Portilla is expressing, and
myself and all the concerns that Commissioner Carollo also has. So let's -- I mean, I
don't know. You want to defer this or --? I don't know what -- or we can separate the
kitchens from the food trucks. I don't know.
Chair Hardemon: Commissioner Carollo.
Commissioner Carollo: Look, more than ever now, I think we need to really walk
very softly with this ordinance. We have the vast majority of our restaurants --
Commissioner Reyes: Closed.
Commissioner Carollo: -- and when we're talking about restaurants in the City of
Miami, we're not talking about the glitzy, expensive type of restaurants like they have
in South Beach, the Gables or even Brickell. Most --
Commissioner Reyes: Be careful.
Commissioner Carollo: -- of our neighborhoods, they're --
Commissioner Reyes: Be careful.
Commissioner Carollo: -- restaurants that, you know, are not that expensive. And all
those are closed today. So if we're going to be bringing in food trucks and what have
you, we're going to put those brick and mortar restaurants even in worse shape than I
anticipated that they could be in before this crisis. Now with the crisis, we're almost
going to assure that many of them are not going to ever open up again if we're going
to be putting food trucks out there to compete against them.
Mayor Suarez: Madam Chair -- Mr. Chair, can I just ask a question --
Chair Hardemon: Please.
Mayor Suarez: -- of the City Attorney? You know, Commissioner Diaz de la Portilla
brings up a good point that there is -- historically from the beginning of this debate,
there's always been an argument about the brick and mortar restaurants having to
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pay taxes, and having to pay all these other fees. Is there a way to look at like a
franchise fee, like for example, we do other -- you know, with -- so then to sort of
equalize the playing field, if you will, so that somebody who's doing a food truck
doesn't get a competitive advantage over someone who doesn't have -- you know,
who's paying, you know, all these additional expenses that they have to pay? I mean,
I -- it's always been a -- it's the same issue that always comes up with food trucks.
And I think there's a good point to be made that if you are a brick and mortar
restaurant, you've got to pay for a lot of things that you don't have to pay for if you're
a food truck. So I'm just curious as to -- if there's a franchise fee -- maybe we can
franchise -- and that's another way of us knowing, you know, who's there.
Commissioner Carollo: Chair.
Ms. Mendez: You can franchise the operation offood trucks like you can franchise a
lot of businesses. The thing would be your definition of a food truck. And right now,
the definitions offood trucks vary. So remember that when we were growing up, there
was always the -- you know -- ones that went to construction sites, or the little hot dog
vendor. What is a food truck? So that's where I think you just need to define it
appropriately.
Mayor Suarez: And I'm okay with that.
Commissioner Diaz de la Portilla: Would an "heladero" be a food truck?
Ms. Mendez: I mean --
Unidentified Speaker: Yeah.
Ms. Mendez: -- yes, it is. I mean, "heladero," of course.
Commissioner Diaz de la Portilla: I grew up with that. Those I'm okay with.
Commissioner Reyes: Except we have not make an exception for "el heladero."
Commissioner Carollo: I think the Mayor --
Vice Chair Russell: Mr. Chairman.
Commissioner Carollo: -- has said a noble idea but here's the problem with that.
One, any brick and mortar place is going to be right up front, going to be spending a
heck of a lot more money to fix up a restaurant, put kitchens in there, tables, et cetera,
than any food truck, no matter how expensive they are. Secondly, the restaurants are
going to be paying a heck of a lot more per month than any food truck will, because
even if they don't own it right out, what they're going to be paying on the loan to have
bought the food truck is going to be a fraction of what restaurants that are brick and
mortar pay on rent, and I could go on and on, on the difference, where you would
have to put such a high number in what a food truck would have to pay that they
would want to be working in the City of Miami if you're going to level the playing
field with the brick and mortar restaurants.
Commissioner Reyes: In other words, you cannot level the playing field.
Vice Chair Russell: Mr. Chairman.
Commissioner Carollo: You can't.
Commissioner Reyes: You can't.
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Chair Hardemon: Mr. Vice Chairman.
Vice Chair Russell: Thank you. I don't sense that the votes are here. I'd like to
respect the debate, because this is a deeper debate we need to have about food trucks
versus brick and mortar and I fully respect that. I -- and so I'm happy to withdraw the
motion as long as I can really -- I really want to make sure that we have direction to
the Manager that he has the power to take all steps necessary to ensure a constant
food supply within our City during this crisis, and then we can deal with the recovery
Commissioner Carollo: We all agree.
Vice Chair Russell: -- and restaurants. I've been told he does not have the ability to
allow these businesses to operate on private property at the moment. I believe he
should. I believe, like Diaz de la Portilla, that he should have that power, and if he
doesn't, I would like to offer him that as a Commission right now, because I believe
it's a conservative interpretation by the City Attorney. I understand where she's
coming from. It's not him amending our Code. It's simply him, during a time of
emergency, making sure that food vendors are allowed a continued food supply
without having to jump through a million hoops, and move location to City property,
and do new hookups, and all these other things. So I'll withdraw my motion, and I
would like to at least see if we can give direction to the Manager on making sure of
that.
Commissioner Reyes: I have a question. I have a question.
Chair Hardemon: You're recognized, Commissioner.
Commissioner Reyes: Madam City Attorney, according to statute, once the
emergency is declared, isn't the City Manager in charge of the City, you see? Is it
him that makes -- can make the derent decisions without coming to us that is
necessary? Doesn't he has the authority --
Ms. Mendez: He can.
Commissioner Reyes: -- in a situation like this that he could say, "Okay, I am going
now, I'm going to waive this requirement in order to place here a kitchen that it is
going to benefit the residents" -- I mean, "the citizens, the people"? If that is not the
case, well, we should give him the power, because I think once we are in a state of
emergency, you see, decisions have to be made fast, and decisions that goes in favor
of the need of the people that we're going to help the people, it has to be made fast. It
doesn't have to wait for the Commission to meet or anything. I mean, that is my
opinion. And in a state of emergency that somebody must have the authority to take
some actions as needed, see. I don't know. If that's the case, if he has the authority,
as it was stated before by all the Commissioners, I think that he can just use his best
judgment and say, "We can do this," or "We cannot."
Ms. Mendez: So everything -- obviously, everything has to be done with regard to the
laws that we have presently in the books. But again, his biggest tool is just the
enforcement mechanisms. And obviously, most enforcement on minor things is not
occurring right now, because our resources are placed otherwise. So --
Commissioner Reyes: That was not my question. My question is, does he have the
authority to do something else? I mean, to --
Ms. Mendez: He doesn't have the authority to work outside our current confines of
the law unless those are done as executive orders, or unless they're done as
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emergency ordinances of the Commission. At the end of the day, he can make certain
decisions, but with -- coming back to the Commission later to retroactively approve,
because all these contracts and things that we're entering into are going to come
before you, you know, in the future. So he has some decision -making but it's not
unlimited.
Commissioner Reyes: Madam City Attorney, can we, as a legislative body, give him
the power, the authority to make decisions as he sees that those decisions are going to
benefit the people?
Ms. Mendez: If you would like to pass some sort of ordinance, emergency ordinance,
the problem is food trucks and the use of private property --
Commissioner Reyes: But I'm not --
Ms. Mendez: -- cannot be done --
Commissioner Reyes: -- specifically talking about food trucks. I'm saying decisions
that in a state of emergency that somebody has to make without --
Ms. Mendez: So every time --
Commissioner Reyes: -- us meeting and all that.
Ms. Mendez: Right. So a lot of decisions have been done without coming to the
Commission. Every time a decision that needs to be made by the Manager that he
wants to implement, I get a group of attorneys, we sit down, we look at what it is, and
we see whether he can do it or not before -- with or without your consent, what -- yes?
Chair Hardemon: Commissioner Diaz de la Portilla.
Commissioner Diaz de la Portilla: Sorry to interrupt you. So can you get together
with those attorneys when we break for lunch, and have that conversation, and come
back to us, and let us know if he can do what Commissioner Russell's concerned --
and I am -- and I think we're all concerned about?
Ms. Mendez: So what is the exact question that you want? You want these seven food
trucks to be able to operate? That's the only question, because Commissioner Reyes
was asking me in generalities and so that's all you want.
Commissioner Diaz de la Portilla: I think Commissioner Russell can better
articulate, because it was his idea to allow these entities to serve food at this
particular juncture. I don't want -- I'm not in favor of giving the Manager these broad
sweeping powers, or any Manager.
Ms. Mendez: Right so -- and that's why --
Commissioner Diaz de la Portilla: Nothing personal against you. I'm just not in
favor of doing that for any Manager.
Vice Chair Russell: Understood. IfI could then --
Commissioner Diaz de la Portilla: (INAUDIBLE) make decisions along the way. I
can understand the flexibility during emergency times has to be given, but not a broad
Commissioner Reyes: But I mean, I don't want him to -- marshal law or anything.
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Commissioner Diaz de la Portilla: We don't want it to get too much out of control so
we've got to keep --
Commissioner Reyes: That's right but --
Mr. Noriega: With great power comes great responsibility, Commissioner.
Commissioner Reyes: -- certain decisions --
Mr. Noriega: With great power comes great responsibility.
Commissioner Reyes: -- you know.
Commissioner Diaz de la Portilla: With great power comes great responsibility,
Spiderman. So I think now Commissioner Russell can better articulate what he wants.
Vice Chair Russell: Thank you, Commissioner. So I think if we're very specific here,
we're simply asking for the Manager to issue an executive order that would waive the
requirement for food trucks and satellite kitchens to move every three days; otherwise,
they're in full compliance on private property. It would not enact this ordinance and
it wouldn't change anything within the current -- all it's allowing is for those
temporary kitchens and food trucks that are operating out there today to be able to
operate, because otherwise they are in violation, and they don't want to be in
violation. It's not really about enforcement. We don't want to be encouraging people
to break the law and say, "We're just not going to come after you." We'd like to give
the Manager the power to sort of waive that requirement at this point, and then those
seven kitchens could operate now. The food trucks that are at the church could
operate now, and they wouldn 't feel that they're in violation of the law.
Commissioner Diaz de la Portilla: If I may, Mr. Chair. Can we limit it to two weeks,
14 days instead of --?
Vice Chair Russell: Yes, during the emergency period.
Commissioner Diaz de la Portilla: And come back to us if we want to approve it
again or not so it doesn't get out of hand, and all of a sudden they get used to the fact
that they can do it even though the Commission hasn't voted as a matter of public
policy for them to do it. Just for this -- for two weeks, we do what you're saying but
just for two weeks. Are you amenable to that?
Commissioner Reyes: I will limit this to those -- I mean, they could go, the food
trucks -- they could not establish themselves at a certain distance of any restaurant
that is actually operating on takeout. They could not compete with them. They'd have
to be within, what, I mean, the distance that -- I don't know, 500 feet, 1,000 feet,
whatever we decide but they cannot -- as Commissioner Carollo stated, we have a
bunch of restaurants that they are now -- they are being -- I mean, they're able to pay
rent probably, because they are working. They have -- I mean, their operation has
been diminished so much that the only thing that they're doing is takeout but that
takeout is giving them some revenues. But we cannot -- I mean, I personally would
not like for a food truck to just establish itself just across the street from that
restaurant and then compete with that brick and mortar business.
Chair Hardemon: So what's your opinion on the food giveaways that are directly
across the street or competing with these restaurants?
Commissioner Reyes: Well, that's for people that needs it, sir. I mean, people --
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Meeting Minutes April 9, 2020
Chair Hardemon: No, no. My point -- I'm not -- what I'm saying to you is that, you
know, I agree. I agree with you. We also have to be considerate of the fact that when
we give, you know, food away to people --
Commissioner Reyes: Yes.
Chair Hardemon: -- near a restaurant, you're taking business away from that
restaurant, because those people would generally buy food from the restaurant.
Commissioner Reyes: But --
Chair Hardemon: Of course, there's a need and you can't identy who needs to buy
versus who needs free food. All I'm saying is that, generally, if you give free food
away near a restaurant, people will take the free food and not spend money at the
restaurant.
Commissioner Reyes: But that is -- you see, I mean, I'm giving free food also, you
see. I mean, there are churches that they are giving free food, and so are you. But we
are not operating -- if we're operating next to a restaurant, those people that could
afford, they could go and buy the food if they like, the food that is being sold, and if
they have the money to do it. But what I'm saying is that people that have money to
do it, to go and buy food from a restaurant that we shouldn't place an additional
burden to what they're having now, and allowing a food truck to just establish itself
across the street. That's all I'm saying, you see. It's a choice that people have and we
want those restaurants that they are being -- they are the hardest hit.
Later...
Chair Hardemon: First, I want to dispose of the SR.2. So if we can continue this to
another agenda, that'd be wonderful.
Vice Chair Russell: Move to continue.
Commissioner Diaz de la Portilla: I called the question. Let's vote on it.
Chair Hardemon: It's been --
Vice Chair Russell: I withdrew the motion. We're just -- I'm just moving to continue
it.
Commissioner Diaz de la Portilla: No. No, Commissioner. Why would you do that?
Vice Chair Russell: No, the SR.2, he's saying.
Chair Hardemon: SR.2.
Vice Chair Russell: The one that's on the agenda.
Commissioner Diaz de la Portilla: Oh, SR.2, SR.2, okay.
Chair Hardemon: All right. What -- so to the next like meeting then. All right, so it's
been properly moved. Is there --? And seconded by the Chair.
Commissioner Carollo: Second.
Chair Hardemon: More discussion? Hearing none, all in favor, say "aye."
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Meeting Minutes April 9, 2020
The Commission (Collectively): Aye.
Chair Hardemon: All against? The motion carries. It's continued.
SR.3 ORDINANCE Second Reading
6874
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE XI/DIVISION 4 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED
"AUDIT ADVISORY COMMITTEE;" MORE SPECIFICALLY BY
AMENDING SECTIONS 2-946 THROUGH 2-951 OF THE CITY
CODE; FURTHER AMENDING CHAPTER 18/ARTICLE III OF THE
CITY CODE, TITLED "CITY OF MIAMI PROCUREMENT
ORDINANCE," TO ADD A NEW SECTION 18-122; AND FURTHER
AMENDING CHAPTER 18/ARTICLE IX/DIVISION 2 OF THE CITY
CODE, TITLED "FINANCIAL INTEGRITY PRINCIPLES;" MORE
SPECIFICALLY BY AMENDING SECTIONS 18-541 THROUGH 19-
542 OF THE CITY CODE, ALL REGARDING EVALUATION
COMMITTEES FOR SOLICITATIONS FOR INDEPENDENT
EXTERNAL AUDITORS FOR COMPLIANCE WITH SECTION
218.391, FLORIDA STATUTES (2019), TITLED "AUDITOR
SELECTION PROCEDURES," AND FOR GENERAL
HOUSEKEEPING CLEAN-UPS OF THE CITY CODE; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
ENACTMENT NUMBER: 13899
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Ken Russell, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item SR.3, please see Item SR.1.
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Meeting Minutes April 9, 2020
SR.4 ORDINANCE Second Reading
6841
Department of
Resilience and
Public Works
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 54/ARTICLE I/SECTION 54-9 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "STREETS
AND SIDEWALKS/IN GENERAL/PLACING SIGNS,
ADVERTISEMENT, OR DISPLAYS ON ANY PORTION OF PUBLIC
RIGHT-OF-WAY, STREET OR SIDEWALK SURFACE," BY
ESTABLISHING STANDARDS BY WHICH COMMUNICATION
KIOSKS WITH ADVERTISEMENTS MAY BE PERMITTED ON THE
PUBLIC RIGHT-OF-WAY; FURTHER AUTHORIZING THE CITY OF
MIAMI ("CITY") TO OPT OUT OF CERTAIN MIAMI-DADE COUNTY
SIGN REGULATIONS IN THE CITY'S URBAN CORE FOR SIGNS
IN THE PUBLIC RIGHT-OF-WAY; DIRECTING TRANSMITTAL OF
THIS ORDINANCE BY THE CITY CLERK TO THE DIRECTOR OF
MIAMI-DADE COUNTY'S DEPARTMENT OF REGULATORY AND
ECONOMIC RESOURCES WITHIN FIFTEEN (15) DAYS OF
ADOPTION THEREOF; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
ENACTMENT NUMBER: 13900
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Ken Russell, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item SR.4, please see Item SR.1.
END OF SECOND READING ORDINANCES
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FR - FIRST READING ORDINANCES
FR.1 ORDINANCE First Reading
7221
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,"
TO CONVERT THE EXISTING MOTORIZED SCOOTER PILOT
PROGRAM TO A PERMANENT PROGRAM; PROVIDING FOR
INCREASED FEES FOR SCOOTER OPERATORS; PROVIDING
FOR ENHANCED PENALTIES FOR VIOLATIONS OF THE
SCOOTER PROGRAM, INCLUDING FINING ADULT ACCOUNT-
HOLDERS OF A SCOOTER OPERATOR FOR PERMITTING A
PERSON UNDER 18 YEARS OF AGE TO OPERATE A SCOOTER;
PROVIDING FOR SCOOTER FLEET SIZE LIMITATIONS BY THE
APPLICABLE PROCUREMENT METHOD THAT SELECTS
OPERATORS; PROVIDING THAT ALL PROVISIONS OF THE
MOTORIZED SCOOTER PILOT PROGRAM IN EFFECT PRIOR TO
THE PASSAGE OF THIS ORDINANCE CONTINUE FOR THE
REMAINING DURATION OF THE PILOT PROGRAM WITH
CERTAIN LIMITED EXCEPTIONS; CONTAINING A SEVERABILITY
CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Carollo, Reyes
ABSENT: Diaz de la Portilla
Note for the Record: For minutes referencing Item FR.1, please see "Order of the
Day."
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FR.2 ORDINANCE First Reading
7185
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 23/ARTICLE I OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TITLED "HISTORIC
PRESERVATION/HISTORIC PRESERVATION"; MORE
SPECIFICALLY, BY AMENDING SECTION 23-4, TITLED
"DESIGNATION OF HISTORIC RESOURCES, HISTORIC
DISTRICTS, MULTIPLE PROPERTY DESIGNATIONS, AND
ARCHAEOLOGICAL SITES AND ZONES", AND SECTION 23-6.2,
TITLED "CERTIFICATES OF APPROPRIATENESS", TO PROVIDE
THAT PROPOSALS FOR DESIGNATION MADE BY THE MIAMI-
DADE COUNTY HISTORIC PRESERVATION BOARD, THE CITY
COMMISSION, THE CITY OF MIAMI'S ("CITY") HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), THE
CITY'S PLANNING, ZONING, AND APPEALS BOARD ("PZAB"),
AND ANY ORGANIZATION THAT HAS BEEN A REGISTERED
NON-PROFIT CORPORATION IN THE STATE OF FLORIDA FOR
AT LEAST FIVE (5) YEARS WITH A RECOGNIZED INTEREST IN
HISTORIC PRESERVATION WILL REQUIRE A SUPERMAJORITY
VOTE; TO PROVIDE THAT HISTORIC DESIGNATIONS WILL
REQUIRE A SUPERMAJORITY VOTE OF THE BOARD; TO
MODIFY THE TIME TO APPEAL DECISIONS REGARDING
HISTORIC DESIGNATIONS TO THE CITY COMMISSION TO SIXTY
(60) DAYS; TO MODIFY THE TIMING OF NOTICE; TO PROVIDE
THAT THE NOTIFICATION TO OWNERS OF PROPERTY
DESIGNATED AS HISTORIC WILL CLEARLY ADVISE THE
OWNERS OF THEIR RIGHT TO APPEAL TO THE CITY
COMMISSION; TO PROVIDE TIMING FOR SCHEDULING
APPEALS; TO REQUIRE ADDITIONAL NOTICE OF PUBLIC
HEARINGS FOR SPECIAL CERTIFICATES OF
APPROPRIATENESS; TO PROVIDE UPDATES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Carollo, Reyes
ABSENT: Diaz de la Portilla
Note for the Record: Item FR.2 was deferred to the April 23, 2020, City Commission
Meeting.
For items referencing Item FR.2, please see "Order of the Day."
END OF FIRST READING ORDINANCES
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City Commission
Meeting Minutes April 9, 2020
BU.1
6740
Office of
Management and
Budget
BU - BUDGET
DISCUSSION ITEM
MONTHLY REPORT
I SECTION 2-497 OF THE CITY CODE OF ORDINANCES
(RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND
BUDGET)
II SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT)
III SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES)
RESULT: DISCUSSED
Chair Hardemon: All right. Let's move on BU.1.
Arthur Noriega (City Manager): Chris, you ready?
Chair Hardemon: Yes, ready. Oh, Chris, Chris.
Mr. Noriega: Yeah.
Chair Hardemon: (INAUDIBLE) Chris.
Mr. Noriega: Well, he was there.
Chair Hardemon: All right. Let's -- if Chris is not ready, then what we'll do is we'll
take the public comment on the -- Oh, Chris is coming on now. Chris, you're ready?
Christopher Rose (Director, Office of Management and Budget): Yes, sir.
Chair Hardemon: Please.
Mr. Rose: Thank you, Mr. Chair. Good afternoon, Commissioners. My name is
Chris Rose. I am the Budget Director for the City of Miami. This morning an email
was transmitted to each of your offices that had two memoranda attached to it that
contain projections from the Office of Management and Budget. The two memoranda
were written a month apart. The first one was pre-COVID-19, and the second one
takes into effect what we're seeing right now. And I'm really only going to address
that one. It may be interesting to you to read them both in order. The projections are
based on February revenues, but informed by what the financial impacts to the City of
the shelter in place, shelter in your home recommendation that we have. And so, what
we're doing is we're presuming two months of lost revenues; not property tax
revenues, but just about all of the rest of our revenues associated with our current
situation. With these thoughts in mind, we are projecting a net year-end deficit of
about $21 million. This is a deficit of $26.6 million in the general fund and a surplus
actually of $5.6 million in the internal service fund. Before our current situation, we
were seeing some savings and reduction, particularly in healthcare. You all know
that healthcare has been going up in recent years, but it had plateaued on us, and we
were headed towards a savings on that front. So with that said, it's a real drop in
revenues from one month to the next of more than $40 million. There are a couple of
silver linings in this, but they are very thin. One is that we do not have tourist taxes in
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Meeting Minutes April 9, 2020
the City's operating budget. And two is that our single largest revenue source,
property taxes, have generally, by and large, already been collected on the year.
There are, as we all know, three derent relief bills that the Federal Government has
passed but most, and perhaps all of them, they are there for our residents and our
businesses, and to pay for services that we would not be doing otherwise. We are
having some difficulty. We have not found in any of them something that would fill
the gap in the lost revenues that we are experiencing. And these are the revenues that
pay for the core services that the City of Miami provides, both during and -- both
during the current situation and that we would provide otherwise on a normal day.
So we are working on a plan to address the shortfalls in revenues but primarily
through expenditure, the expenditure side of things, expenditure reductions. And I
will remind everyone that approximately three quarters of the City's general fund
operating budget is personnel expenses. So it is going to be a challenge that is
probably going to have to impact in some way our personnel costs overall. And there
are many ways to do it and we're going to explore every option that's out there. So I'll
just say that two months is the assumption that we're looking at. That is possibly what
might happen. I think each of your guesses would be as good as mine. And we're
assuming that things are going to come back afterwards, which I'm going to perhaps
steal some thunder and say that these are difficult things to predict. But with that
said, we're developing a midyear budget amendment that will be reactive to the
COVID-19 pandemic. It will likely fix some issues in the budget as it stood and it will
likely not include any new services that the City has head into. Right now, we're
going to stand and hold in what we've got. So with all that said, we are looking at a
deficit for the first time in a long time, and I'll be happy to take any questions you
might have.
Commissioner Carollo: Yes, I have one. Chris, it's obvious that this only goes until
February, so you didn 't calculate any of the additional expenses that we started
incurring in March, and now going into April, correct?
Mr. Rose: We are using the February data, but we're informed by what has happened
in March and now in April. The expense side is not really what worries me as much,
although the expense side is probably the only way out of the situation that we're in.
Generally, new expenses, the Federal Government has informed us that they will take
care of new expenses. It's the core expenses that the City of Miami does on a day-to-
day basis that the revenues have fallen off dramatically, that we don't have a clear
path on how to handle. So, yes, there are some increased expenses, but the general
hope is that we would get some relief on new expenses, sir.
Commissioner Reyes: Yes.
Commissioner Carollo: But comes March, we are going to have to include those new
expenses, because while we most certainly would get reimbursed by the Federal
Government if this doesn't go on for a long, long time, then it's anybody's guess who
gets reimbursed or not. But the problem is when we get reimbursed by the Federal
Government. I mean, from the last hurricane that we had in '17, it's just been recently
that we got some expenses reimbursed, and there are still others outstanding, so that
still would represent a problem to us.
Mr. Rose: Yes, sir.
Commissioner Reyes: Just one question, Mr. Rose. And I think that Commissioner
Carollo touched on it. What we have now, it is -- the problem that we have is
revenues, revenues that we are losing because of the -- our share of the sales tax that
there is going to be substantially diminished, because people are -- the State is not
receiving the sharing that we get. I mean, and they're not receiving as much. And
there are other revenues that we are not receiving. But from what I gather, you are
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Meeting Minutes April 9, 2020
not too concerned about the additional expenses, because those expenses are going to
be re -- I mean, the Federal Government is going to help us with those or they are
going to provide those, or cover those additional expenses because they are due to the
Coronavirus pandemic. But is there any other concerns that you have that you think
we are going to be also -- we're going to have additional expenditures in the near
future that you foresee by any chance? I haven't read your report, because I received
it at 7 o'clock this morning, 7:18. I haven't been able to read it, but I'm just asking
this question to see what is your forecast on future expenditures and on future
revenues.
Mr. Rose: Certainly. The expenditure side is, for the most part, going to continue as
it has, without any kind of intervention on the Administration's part, with the
exception of reaction to the pandemic. And we have been told that the Federal
Government will reimburse -- of course, within certain constraints -- the majority of
those expenses, and we are hoping all of those expenses. I have been in to look and
see if there are any natural reductions in our expenditures in relation to fuel or
utilities. And while the -- while FP&L (Florida Power & Light) has given us some
indication that there may be some delay in the payment, in the requirements, we will
end up paying those, and likely, before the end of the fiscal year, nonetheless. And
our three largest fuel users, Police, Fire and Solid Waste, are all still operating at
generally the same level that they have all three been operating at, at least in terms of
fuel consumption. So I'm not finding a great deal of reductions in expenditures as yet.
I would beg of all of you for one more data point. It just helps in predictions and
we're likely going to close the books for last month either today or tomorrow. So that
will help inform the next round that I'll be back in front of you very likely at the next
meeting with some thoughts, with new information. But it is by and large a revenue
issue that we have. We don't have much choice but to solve, except in the expenditure
side. So revenues may have caused it, but expenditures are our very likely way out of
the situation.
Commissioner Reyes: Have you done an analysis on expenditures and see which
expenditures you can curtail that they are not -- I mean, that you can do away with it,
like contributions to certain City contributions to certain, I would say, institutions or
whatever? And also, on expenditures on other items, like furniture, whatever, that
they are not necessary. They are unnecessary expenditures that they could be
eliminated in this period, and we can save some money. That's something that I
would like for you to do, and go budget by budget, department by department and see
how can we -- starting with us, starting with us. I mean, how much can we save by
cutting the -- what have been expenses that -- or projected expenses and reducing our
budgets, and maybe we can start saving some funds there.
Mr. Rose: Yes, sir. The -- we have the beginning -- it's in its very basic stages, but we
have been having those discussions with departments, and with the Manager, and the
Assistant City Manager. I have been, over the last two weeks, meeting with each
department as part of the normal budget process, and I've been delivering varying
versions of this same message to the department directors that I've been meeting with.
We have -- we've been -- actually -- we've had 25 meetings with departments all
through the computer, and this is almost the first time I've touched a piece of paper in
the last two weeks. So I have been delivering that message. Everyone is aware of it.
We've been amassing ideas at this point, probably the best way to say it. And we have
more work to do before we bring it back.
Commissioner Reyes: What I would like is for -- I mean, all -- every single
department to start analyzing their budget and start identifying potential savings that
could be put in place right now.
Mr. Noriega: So -- if I may, Mr. Chair.
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Chair Hardemon: Go ahead.
Mr. Noriega: So we've had two meetings specific to this issue internally already. We
have another broader meeting, which I've asked to be held with all the department
directors with me present. Chris has been doing it individually. He and I have
discussed it and sort of given him some direction in terms of those communications
with the various departments. I'm going to have an en masse meeting on Friday,
specifically with the intent of looking at existing expenditures for this year and where
the savings might be had. We're also going to look at some of the changes we have
made as a result of this COVID-19 crisis; in particular, how we're functioning and
operating as a city through some of our virtual applications, some of the remote
processes we've been working through as a result, and see if those translate to future
savings, as well. One of the things Chris doesn't point out is that he's giving you a
snapshot of what the current fiscal year looks like. The next two years, as well, will
be impacted --
Commissioner Reyes: Yes.
Mr. Noriega: -- in particular. So some of the solutions we have to address need to be
long-term in nature, as well. So we're going to give it a 360-degree approach. And
that is, to me, aside from the day-to-day issues we're dealing with in terms of
addressing a lot of our community needs, this is the single biggest priority for us right
now is addressing the financial situation to make sure that we're not -- or we don't put
ourselves in a position where we are in any way, shape or form -- as we have done
with the COVID-19 issue -- we're not reacting to the problem; that we're getting
ahead of it and being proactive.
Commissioner Reyes: Good. Thank you, Chris.
Mr. Rose: Thank you, Commissioner.
Commissioner Carollo: You talked about fuel costs. Obviously, the cost that you
estimated in September, before we started our new fiscal year, October 1, the cost of
fuel has gone way down. So at least there, there'll be a little bit of a savings, together
with the fact that there's probably less usage of vehicles citywide. I don't know what
the savings would be, but we're going to have some there. My concern is that the
calculations that you gave us the last time we had the virtual meeting -- the first time
we had it -- you estimated that in March you were looking, you said, between 17 and a
half to $18 million shortfall for the month of March. Those are the numbers I
remember. And then we -- Am I correct in that?
Mr. Rose: You are, sir, yes.
Commissioner Carollo: Okay, so if we go with the 18 million shortfall -- and just off
the top of my head, that maybe we had to spend an extra $2 million -- it might have
been much more -- but say another $2 million in expenditures that we didn't have in
the books planned, that's another $20 million at least shortfall for the month of
March. Now we're into a deficit of $41 million or more that we finish the month of
March at. My calculation shows me that, at best, we got 75 million in reserves.
That's going through more than half of our reserves so that's concerning. And
rightfully so, we're going to be having to look at -- this is going to be -- I mean, this
reminds me back when we had the financial crisis -- and you remember that, Chris.
You were on loan to us. We were dealing with a deficit of one year at the same time
that the new year had begun, and had to deal with that same deficit in the coming
year. And we're going to be in that same situation here. So while I know that what
you've given us -- since you only went into February -- doesn't show the whole story, I
want to be very clear that this is a lot uglier than what you're giving us. And since
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Meeting Minutes April 9, 2020
none of us have any idea how long this could go on for, we need to really brace
ourselves and come up with ways that we can cut and maybe even new ways that
somehow, if there are any at this point in time, that we could bring in any revenue.
But I think the way it's going to have to be done is by the expenditure side. We're
going to have to cut expenditures and a lot of monies there across all departments,
including Commission offices, that we carry from year to year. You know, we're
going to have to start cleaning those out and use to meet payroll.
Commissioner Reyes: Yep.
Commissioner Carollo: So I just want to put that on the record.
Mr. Noriega: Chris --
Commissioner Reyes: Yes, very good.
Mr. Noriega: -- I need you to be crystal clear -- okay? -- because the projection that
you put forth in the budget update and the deficit you're highlighting is through the
end of April.
Mr. Rose: It is informed with everything that has happened as of the end of March,
but it has a presumption of two years of shel -- not two years, two months of
sheltering in homes, so the current situation lasting two months. So that is the big
unknown; how long it will last and what will it look like after it is lifted, after we're to
whatever level of normalcy we may see at that point. But, yes, Commissioner, that
might be the first time I have been called an optimist in my projections. And you're
absolutely correct; it could be worse than this. I -- my staff and I have really
struggled with this one and I kind of had to lock down some of the moving parts and
move forward. And once I get another data point, I'll have a better idea. But you're
right. It could be worse than what is on the (INAUDIBLE) for the moment.
Commissioner Carollo: Well, look, no one is going to hold your feet to the fire in this
one, because anyone's guess is as good as the other guys. But I wanted to have
brought that out, plus what I was going from was the report that I just glanced at here
while you were talking, because I hadn't had the time to read it either since we got it
emailed to us this morning, that went to the end of February. I didn't see any
projections at all until March, but you know, maybe it's in here somewhere.
Mr. Rose: It's -- one more time, just as the Manager has challenged me to be crystal
clear, it is hard numbers through February and projections forward, but the
projections are informed by what we've done for a month since, and with a
presumption of two months in a shelter in place situation.
Commissioner Carollo: Okay. All right.
Commissioner Reyes: All right.
Commissioner Carollo: Thank you.
Commissioner Reyes: Thank you, Chris.
Mr. Rose: Thank you.
Commissioner Reyes: Sharpen your pencil.
Mr. Rose: Yes, sir.
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Chair Hardemon: Thank you very much, Chris.
END OF BUDGET ITEM
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Meeting Minutes April 9, 2020
BC.1
7361
Office of the City
Clerk
BC - BOARDS AND COMMITTEES
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE ART IN PUBLIC PLACES BOARD FOR TERMS
AS DESIGNATED HEREIN.
APPOINTEES:
(Alternate At -Large)
NOMINATED BY:
Mayor Francis Suarez
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Keon Hardemon
Commission -At -Large
Commission -At -Large
Commission -At -Large
Commission -At -Large
Commission -At -Large
RESULT: NO ACTION TAKEN
Note for the Record: For minutes referencing Item BC.1, please see "Order of the
Day."
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BC.2
7360
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES/CATEGORIES: NOMINATED BY:
Commissioner Alex Diaz de la Portilla
(Citizen — Category 7)
Commissioner Alex Diaz de la Portilla
(Architect/Architectural Historian -
Category 4)
Commissioner Ken Russell
(Real Estate Broker — Category 5)
Commissioner Ken Russell
(Citizen — Category 7)
Commissioner Joe Carollo
(Historian/Architectural Historian -
Category 3)
(Business and Finance or Law — Category
6)
(Architect — Category 1)
(Alternate in Business and Finance or Law
Category 8)
(Citizen — Category 7)
(Landscape Architect — Category 2)
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Manolo Reyes
Commissioner Keon Hardemon
Commissioner Keon Hardemon
RESULT: NO ACTION TAKEN
Note for the Record: For minutes referencing Item BC.2, please see "Order of the
Day."
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BC.3
7358
Office of the City
Clerk
BC.4
7359
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE LIBERTY CITY COMMUNITY REVITALIZATION
TRUST FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
NOMINATED BY:
Commissioner Keon Hardemon
Commissioner Keon Hardemon
Commissioner Keon Hardemon
City Manager Arthur Noriega, V
RESULT: NO ACTION TAKEN
Note for the Record: For minutes referencing Item BC.3, please see "Order of
the Day."
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: NOMINATED BY:
Chris Collins Mayor Francis Suarez
ENACTMENT NUMBER: R-20-0113
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Note for the Record: For additional minutes referencing Item BC.4, please see
"Order of the Day."
Chair Hardemon: The -- let's do the boards and committees. I know there's some
items that you want to have put on the record, Mr. Clerk.
Todd B. Hannon (City Clerk): Yes, sir. BC.4: Mayor Suarez will be reappointing
Chris Collins.
Commissioner Carollo: So moved.
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Meeting Minutes April 9, 2020
Commissioner Reyes: Second.
Commissioner Diaz de la Portilla: Chris Collins? Okay.
Chair Hardemon: (INAUDIBLE) any discussion? Hearing none, all in favor, say
"aye.
The Commission (Collectively): Aye.
Chair Hardemon: All against? The motion carries.
END OF BOARDS AND COMMITTEES
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DI.1
7255
City Manager's
Office
DI - DISCUSSION ITEMS
DISCUSSION ITEM
A DISCUSSION REGARDING A PRESENTATION BY THE
CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES
CONCERNING THEIR ANNUAL REPORTS:
1. STARS OF CALLE OCHO WALK OF FAME CELEBRITY
AND COMMUNITY RECOGNITION ADVISORY
COMMITTEE
2. VIRGINIA KEY ADVISORY BOARD
3. VIRGINIA KEY BEACH PARK TRUST
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Carollo, Reyes
ABSENT: Diaz de la Portilla
Note for the Record: For minutes referencing Item DI.1, please see "Order of the
Day" and Public Comment for all Items."
DI.2 DISCUSSION ITEM
7231
Department of
Finance
A DISCUSSION REGARDING UNREIMBURSED GRANT
EXPENDITURES FOR QUARTER ENDING 12/31/2019
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Carollo, Reyes
ABSENT: Diaz de la Portilla
Note for the Record: For minutes referencing Item DL2, please see "Order of the
Day."
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DI.3
7285
Department of
Resilience and
Public Works
DISCUSSION ITEM
A DISCUSSION REGARDING TRANSIT ALLIANCE BETTER BUS
PROJECT
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Carollo, Reyes
ABSENT: Diaz de la Portilla
Note for the Record: For minutes referencing Item DI.3, please see "Order of the
Day."
END OF DISCUSSION ITEMS
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PZ.1
6760
PART B: PZ - PLANNING AND ZONING ITEM(S)
ORDINANCE
MAY BE DEFERRED
First Reading
Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Planning ATTACHMENTS, AMENDING ORDINANCE NO. 10544, AS
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 "DUPLEX RESIDENTIAL" TO "MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL" FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 3069, 3091, AND 3095 PLAZA
STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A," ATTACHED AN INCORPORATED, AND BY
CHANGING THE FUTURE LAND USE DESIGNATION FROM
"DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED
COMMERCIAL" OF THE PROPERTIES LOCATED AT
APPROXIMATELY 3040 CARTER STREET AND A PORTION OF 3065
PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Carollo, Reyes
ABSENT: Diaz de la Portilla
Note for the Record: Item PZ.1 was deferred to the June 25, 2020, City Commission
Meeting.
For minutes referencing Item PZ.1, please see "Order of the Day."
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Meeting Minutes April 9, 2020
PZ.2
6761
ORDINANCE
MAY BE DEFERRED
First Reading
Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Planning ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 13114, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM "T3-O," SUB -URBAN TRANSECT
ZONE -OPEN, TO "T4-R," GENERAL URBAN TRANSECT ZONE -
RESTRICTED, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 3069, 3091, AND 3095 PLAZA STREET, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED, AND BY CHANGING THE
ZONING CLASSIFICATION FROM "T3-O," SUB -URBAN TRANSECT
ZONE -OPEN, TO "T4-O," GENERAL URBAN TRANSECT ZONE -
OPEN, OF THE PROPERTIES LOCATED AT APPROXIMATELY 3040
CARTER STREET AND A PORTION OF 3065 PLAZA STREET, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B,"
ATTACHED AND INCORPORATED; GRANTING THE WAIVER OF
TIME LIMITS PURSUANT TO SECTION 7.1.2.8.G.7 OF THE MIAMI 21
CODE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Carollo, Reyes
ABSENT: Diaz de la Portilla
Note for the Record: Item PZ.2 was deferred to the June 25, 2020, City Commission
Meeting.
For minutes referencing Item PZ.2, please see "Order of the Day."
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PZ.3 RESOLUTION
6931 MAY BE DEFERRED
Office of Zoning A RESOLUTION OF THE MIAMI CITY COMMISSION
GRANTING/DENYING THE APPEAL FILED BY BECKER BOARDS
MIAMI, LLC AND REVERSING/AFFIRMING THE DECISION OF THE
CITY MANAGER'S DESIGNEE PURSUANT TO SECTION 62-609(B)
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
FOR THE LOCATION CHANGE OF MURAL PERMIT NO. 19-0012 TO
THE PROPERTY LOCATED AT 78 NORTHWEST 37TH STREET,
MIAMI, FLORIDA BY NTWW, LLC.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Carollo, Reyes
ABSENT: Diaz de la Portilla
Note for the Record: Item PZ.3 was deferred to the October 8, 2020, City
Commission Meeting.
For minutes referencing Item PZ.3, please see "Order of the Day."
PZ.4 RESOLUTION
6983 MAY BE DEFERRED
Office of Zoning A RESOLUTION OF THE MIAMI CITY COMMISSION
GRANTING/DENYING THE APPEAL FILED BY SET MIDTOWN, LLC
AND REVERSING/AFFIRMING THE DECISION OF THE CITY
MANAGER'S DESIGNEE PURSUANT TO SECTION 62-603 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE
APPROVAL OF BECKER BOARDS MIAMI, LLC AS A QUALIFIED
APPLICANT.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Carollo, Reyes
ABSENT: Diaz de la Portilla
Note for the Record: Item PZ.4 was deferred to the October 8, 2020, City
Commission Meeting.
For minutes referencing Item PZ.4, please see "Order of the Day."
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Meeting Minutes April 9, 2020
PZ.5 RESOLUTION
7022 MAY BE DEFERRED
Office of Zoning A RESOLUTION OF THE MIAMI CITY COMMISSION
GRANTING/DENYING THE APPEAL FILED BY SET MIDTOWN, LLC
AND REVERSING/AFFIRMING THE DECISION OF THE CITY
MANAGER'S DESIGNEE PURSUANT TO SECTION 62-609(B) OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR
THE LOCATION CHANGE OF MURAL PERMIT NO. 18-0041 TO THE
PROPERTY LOCATED AT 70 NORTHWEST 37 STREET, MIAMI,
FLORIDA BY BECKER BOARDS MIAMI, LLC.
PZ.6
6797
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Carollo, Reyes
ABSENT: Diaz de la Portilla
Note for the Record: Item PZ.5 was deferred to the October 8, 2020, City
Commission Meeting.
For minutes referencing Item PZ.5, please see "Order of the Day."
ORDINANCE
MAY BE DEFERRED
Second Reading
Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
and Mayor - PZ ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY
AMENDING ARTICLE 4, TABLE 3, TITLED "BUILDING FUNCTION:
USES", TO REQUIRE AN EXCEPTION FOR MARINA USES IN "CS",
CIVIC SPACE TRANSECT ZONES; MAKING FINDINGS; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Carollo, Reyes
ABSENT: Diaz de la Portilla
Note for the Record: Item PZ.6 was deferred to the April 23, 2020, City Commission
Meeting.
For minutes referencing Item PZ.6, please see "Order of the Day."
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PZ.7
6930
ORDINANCE
MAY BE DEFERRED
Second Reading
Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Planning ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY, BY
AMENDING ARTICLE 6, TABLE 13, TITLED "SUPPLEMENTAL
REGULATIONS," TO DISALLOW PUBLIC STORAGE FACILITIES IN A
"T5," URBAN CENTER ZONE, AND "T6," URBAN CORE ZONE;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Carollo, Reyes
ABSENT: Diaz de la Portilla
Note for the Record: Item PZ.7 was deferred to the April 23, 2020, City Commission
Meeting.
For minutes referencing Item PZ.7, please see "Order of the Day."
END OF PLANNING AND ZONING ITEM(S)
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NA.1
7381
City Commission
NA - NON -AGENDA ITEM(S)
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION
SUPPORTING THE POSITION OF THE MIAMI-DADE COUNTY
LEGISLATIVE DELEGATION ('DELEGATION") THAT THE STATE
OF FLORIDA AND ALL APPLICABLE LEGISLATIVE AND
EXECUTIVE OFFICIALS TAKE ANY AND ALL MEASURES TO
ALLOW APPLICANTS TO APPLY FOR REEMPLOYMENT
BENEFITS RETROACTIVE TO THE DATE THE APPLICANT LOST
HIS/HER JOB FOLLOWING THE DECLARATION OF A STATE OF
EMERGENCY BY THE FLORIDA GOVERNOR DUE TO THE 2019
NOVEL CORONAVRIUS; FURTHER SUPPORTING ALL
REEMPLOYMENT MEASURES RECOMMENDED BY THE
DELEGATION IN ITS LETTER DATED APRIL 7, 2020 TO FLORIDA
GOVERNOR RON DESANTIS.
ENACTMENT NUMBER: R-20-0105
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Commissioner Reyes: Mr. Chair, Mr. Chair, can I be recognized?
Chair Hardemon: You're recognized, Commissioner.
Commissioner Reyes: First of all, I want to -- I'm very happy to see all my fellow
Commissioners and Mayor, and everybody, you know, being healthy and they are
taking -- I mean, you're taking care of yourself and it is very commendable. What I
wanted to do first of all, I want to recognize the work and the job that our first
responders are doing. It is fantastic. I have heard, and I have had a lot of calls from
people that they are being tested at home and it -- I want to congratulate our City
Manager for the job that he is doing, and every single City of Miami employee; that
they are doing their best in this time of crisis; that they are doing an excellent job,
and have to be recognized. Also, I want to inform that I have a pocket item, which is
a resolution, and I think that all of you have a copy, and I -- Mr. Chair, when would
you take this? If you want to take it now, or we shall take it later on? It is a
resolution, an emergency resolution of the City of Miami, and that emergency
resolution, what it's doing, it is -- we are supporting a letter that was sent by the Dade
County Delegation to the State Government Delegation, supporting them on the
request that all those employees that were not able to register, because the platform
collapsed, that instead of being recognized or registered at the time they'd be able to
that we -- it should be -- they should be -- that the date should be retroactive to the
date that they were at -- I mean, removed from the work. And I'm saying this because
it was not on the fault, any fault of those employees that they could not register in the
unemployment compensation. And what happens is that as time passes by and if they
are recognized two or three weeks from now, you see, that the loss is going to be
magnified by the loss from the funds that the Federal government is offering those
employees; I mean, everybody that is unemployed. And that is that we have -- instead
of losing 250 or 200 and what dollars from the State compensation, they will also lose
the 600, and it's not fair, because it's not any fault of the employee. And I have a
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Meeting Minutes April 9, 2020
resolution, that it is addressed to the Governor, in which we are supporting the
request from the Florida Delegation, State Delegation that those employees -- the
benefits be retroactive to the date of discharge, the date that they were not -- that they
stopped working.
Vice Chair Russell: Mr. Chairman?
Chair Hardemon: So -- you're recognized, sir.
Vice Chair Russell: I'd like to cosponsor Commissioner Reyes' pocket item. I'm in
very full support of that. I've asked Todd to enter --
Mr. Reyes: Thank you.
Vice Chair Russell: -- into the record another letter. It's identical in substance, but
it's not just the Florida or Dade Delegation, it's all elected in Florida, from local,
State and Federal electeds in Florida have signed on. So if this resolution passes,
Todd also has a link for any and all of us individually to sign onto that letter, as well -
Commissioner Reyes: Absolutely.
Vice Chair Russell: -- if you'd like. And Governor DeSantis now in two press
conferences has stated an intention to head this way, but he's given nothing concrete
yet, so I think the intention is there, and this letter will be helpful, so thank you.
Commissioner Reyes: Thank you, Commissioner.
Chair Hardemon: Yeah. Since you -- I mean, we've spent a significant amount of
time discussing it, let's just read the title into the record and have a motion on the
item.
Commissioner Reyes: City Attorney, Madam City Attorney, could you please read the
title and --?
Victoria Mendez (City Attorney): Yes. An emergency resolution of the Miami City
Commission supporting the position of Miami -Dade County Legislative Delegation
that the State of Florida and applicable legislative and executive officials take all
measures to allow applicants to apply for re-employment benefits retroactive to the
date the applicant lost his or her job, following the Declaration of State of Emergency
by the Florida Governor, and further resolving that it supports all re-employment
measures recommended by the Miami -Dade Delegation in their attached April 7 letter
to Florida Governor DeSantis.
Chair Hardemon: Thank you very much. Any further discussion on the item? No, we
can't really do a public comment on it, because --
Todd B. Hannon (City Clerk): Chair, my apologies. I believe Commissioner Reyes
moved the item. Who's the seconder?
Vice Chair Russell: Commissioner Russell.
Commissioner Reyes: The seconder --
Chair Hardemon: Further discussion? All in favor -- let's have roll call vote on the
item.
Vice Chair Russell: Yes.
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NA.2
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City Commission
Mr. Hannon: Roll call. Commissioner Diaz de la Portilla?
Commissioner Diaz de la Portilla: Yes.
Mr. Hannon: Commissioner Carollo?
Commissioner Carollo: Yes.
Mr. Hannon: Commissioner Russell?
Vice Chair Russell: Yes.
Mr. Hannon: Commissioner Reyes?
Commissioner Reyes: Yes.
Mr. Hannon: Chair Hardemon?
Chair Hardemon: For.
Mr. Hannon: Motion passes, 5-0.
Commissioner Reyes: Thank you. Thank you.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING
FLORIDA GOVERNOR RON DESANTIS TO PROVIDE THE
FLORIDA NATIONAL GUARD TO MEDICALLY SCREEN ALL
EXITING PASSENGERS AT MIAMI INTERNATIONAL AIRPORT
FOR COVID-19 VIRAL SYMPTOMS; FURTHER URGING MIAMI-
DADE COUNTY TO ASSIST IN THIS EFFORT; DIRECTING THE
CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS
RESOLUTION TO THE OFFICIALS NAMED HEREIN.
ENACTMENT NUMBER: R-20-0114
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Commissioner Carollo: Chair?
Chair Hardemon: Yes, you're recognized, Commissioner Carollo.
Commissioner Carollo: Since we're in pocket items right now
Chair Hardemon: We're not really in pocket items. I just --
Commissioner Reyes: I'm sorry, Joe.
Chair Hardemon: -- kind of ran away with it.
Commissioner Carollo: We were. This will be --
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Chair Hardemon: But that's fine. Go ahead. You're recognized, sir.
Commissioner Carollo: And it also has to do with the emergency we have now.
Thank you, Chair.
Chair Hardemon: Okay.
Commissioner Carollo: Chair, Miami International Airport before this crisis had
over 50 million passengers that has traveled through it. From what we hear, there's
still a 10 percent that's traveling through our airport, which is over 5 million if you
measure it through the year. And one of the biggest concerns that we expressed even
before this crisis hit to the level that it hit now was the airport; an airport that we
don't have any control over the traffic. It's the Federal government that controls the
airplanes that come and go from there; and, of course, it's under the domain of the
County. Now, I have gotten numerous reports in the past weeks of people traveling
through our airport that the whole airline has not gotten any kind of screening,
whatsoever. At the same time, just a few days ago, I received word from the family
member of an individual that came from an air flight from Ecuador, certainly one of
the key hotspots in our hemisphere, and he stated to me that his relative nor anyone in
the flight received any kind of screening, whatsoever, and they were allowed to come
into Miami without no screening at all. I think that should be a great concern to all of
us. And while we cannot catch everyone that might be infected, because, as we all
know now, you don't necessarily show the symptoms while being infected in the early
stages, and maybe you won't show any at all during the time, but many people that
are infected could be caught coming through our airport if screening was done
properly. And particularly, when you catch them with fever or other symptoms, that's
when they're spreading it the most. So my resolution is the following: Requesting of
the Governor of the State of Florida to place in Miami International Airport, as has
been done in other states of the country, National Guardsmen to screen passengers as
they come out into the domain of the State, of the County, where we could actually do
the screening after they come out of the concourses, before they go out into our
community, and to at the same time offer any assistance that we could offer the State.
I'm sure the County would be willing to do that in doing such screening. But I think
we have an obligation to make sure that the main international airport in the State of
Florida, the main passenger airport in the State of Florida is screening passengers no
matter where they come from, but in particularly, when they're coming from out of the
country from other hotspots. So that is my resolution requesting of the Governor of
Florida to place a National Guardsman to be able to inspect individuals as they come
out of the concourses --
Commissioner Reyes: Yes, sir.
Commissioner Carollo: -- take their temperatures, ask them the appropriate
questions before they are let loose into our community.
Commissioner Reyes: Mr. Chair?
Victoria Mendez (City Attorney): Chairman, if I may?
Chair Hardemon: Madam City Attorney.
Ms. Mendez: There was a previous pocket that was just done by Commissioner
Reyes. There have been no public comments that have come in. I would ask if there
are any pockets that are going to be done, just like Commissioner Carollo is saying
one, and I believe that now Commissioner Russell may also have one, if you can both
state your pockets, and then we vote on it a little later in the meeting to allow for any
comments to come in, in the meantime, to be able to comply with 286.
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Commissioner Reyes: Okay. Mr. Chair?
Chair Hardemon: You're recognized.
Commissioner Reyes: Yes. I want to cosponsor, Commissioner Carollo. It's a great
concern that I had all the time, and I think it's an excellent idea. I cannot imagine
why there's people that comes not only from Ecuador; people are coming from Cuba,
people are coming from every place, including national traveling that flies from New
York; that is a hotspot, and other the hotspots within the United States that they are
not being tested. I commend you, Commissioner. I think that's an excellent idea, and
I will cosponsor it with you.
Commissioner Carollo: Thank you, Commissioner Reyes. I don't know, like none of
us do, how many people are being tested or not.
Commissioner Reyes: That's right.
Commissioner Carollo: But when I'm getting information from many sources, like I'm
sure some of you have --
Commissioner Reyes: Yes, sir.
Commissioner Carollo: -- that testing is not happening, this should be a great
concern to all of us, because we don't know who we're bringing in.
Commissioner Reyes: Yeah.
Commissioner Carollo: It could be coming from another state or country and they're
infected. They might have fevers, they might have other symptoms, and if we don't
have anybody checking them out there, they're going to come and spread it into our
community.
Commissioner Reyes: Absolutely.
Commissioner Carollo: Or they could be coming from Europe, other parts of Latin
America, and if we don't check them, again, they're going to be spreading this even
further into our community. And no matter how hard we try, it's still going to spread.
And let me add something if I can. From all the numbers that I've seen, it certainly
appears to me that either what we in the City of Miami have been doing has been
effective, or we've had a lot of luck, or a combination of both. But depending on what
day you look at the numbers, it goes between 8.5 percent to maybe 9.5 percent, the
total amount of individuals that have been affected in Greater Miami -Dade County
that live in the City of Miami. Our population is close to 20 percent of the overall
County population, but our rate of infections is under 10 percent; anywhere from 8.5
to 9.5, depending on each day. So I think it's a bit of information that all of you
should have, because it shows that the City, all of us combined, having worked
together have been effective in what we've been doing. And by the way, the State is
providing erroneous information when they're saying that the City of Miami is the
main city in the whole State that has the highest infection percentagewise. They're
claiming we have over 3, 000 plus. That is absolutely wrong. That's fake, erroneous
information, because what they're doing is they're counting all of the unincorporated
areas of Miami -Dade County that put down "Miami," and they're assuming that
they're part of the City of Miami when they're not.
Commissioner Reyes: That's right.
Later...
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Chair Hardemon: And so, there were a few derent items. So the first one that was
read into the record was from Commissioner Russell, I believe. No, it was from
Commissioner Reyes.
Commissioner Reyes: Yes. I have one that it was voted.
Commissioner Carollo: It was (INAUDIBLE).
Chair Hardemon: Oh, we voted on yours?
Commissioner Reyes: It was voted, that's right.
Chair Hardemon: Then Commissioner Russell's.
Commissioner Carollo: I was next on the airport.
Commissioner Reyes: Mr. Carollo's, and the one in the airport, that it needs to be
voted, right, Commissioner?
Commissioner Carollo: Right.
Chair Hardemon: Right. So --
Commissioner Reyes: It was moved already.
Chair Hardemon: Right. So let's do this. Madam City Attorney, if there is -- I don't
know if you have any of the headings to read for the items, but can you read the
headings so we know which item we're referring to?
Victoria Mendez (City Attorney): I do not have a heading for Commissioner Carollo's
item so if we want to deal with that one based on what he said.
Chair Hardemon: Alright, Commissioner Carollo. Then what we'll do is we'll take a
motion from you.
Commissioner Carollo: Thank you. The heading you could include: Requesting of
the Governor to provide National Guard personnel at Miami International Airport to
screen passengers before they leave the airport.
Chair Hardemon: Proper motion. Is there a second?
Commissioner Reyes: Second.
Chair Hardemon: Properly moved and seconded. Any discussion? Commissioner
Diaz de la Portilla.
Commissioner Diaz de la Portilla: No, I have no discussion. I'm in support. I
commend Commissioner Carollo for this resolution.
Commissioner Carollo: In the resolution, I would like to include that the City of
Miami would be willing to cooperate in providing personnel to that effect, along with
helping not just the State, but the County that I'm sure would be willing to do the same
in helping.
Arthur Noriega (City Manager): Is there some sort of --? IfI may. Is there -- can we
put a limitation on that a little bit? I'm a little concerned about stretching our
resources, especially...
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Chair Hardemon: That is determined by the City Manager.
Commissioner Carollo: We will provide what we can, Mr. Manager.
Chair Hardemon: Right, as determined by the City Manager.
Commissioner Carollo: The airport belongs to the County and to all the people
who'll be affected will be everyone in Miami -Dade County, not just City of Miami. So
if there's a need that's greater than what could be asked of us, I'm sure with 34 cities
in the County government, we will be able to provide for it. But right now as I see it,
the biggest threat that we have in Miami -Dade County of spreading the virus more
and more is coming through the airport.
Commissioner Reyes: Why don't we ask all the cities in Dade County -- because this
affects every single city in the County -- to help us or to help in that endeavor of
checking everybody or trying to (INAUDIBLE)?
Commissioner Carollo: Well, this is -- Commissioner, this is what we're saying.
Commissioner Reyes: Not only --
Commissioner Carollo: The National Guard, even though we have a big state, is a
vast organization of personnel. All that we're including in the motion is that we will
help as we could in any additional manpower that they require.
Commissioner Reyes: According to our means because, I mean, we might not --
Commissioner Carollo: Exactly.
Commissioner Reyes: -- have anybody, you see.
Commissioner Carollo: Yeah but --
Commissioner Reyes: But at the same time --
Commissioner Carollo: Yes, we could (INAUDIBLE).
Commissioner Reyes: -- I ask everybody to join us in this effort.
Commissioner Carollo: Yeah.
Commissioner Reyes: Okay.
Commissioner Carollo: And that is part of the motion; that we're also asking Miami -
Dade County, which owns the airport and has a lot more personnel than we do, along
with other cities, to be able to help the State to accomplish this.
Chair Hardemon: Wonderful. So seeing no further discussion, all in favor of the
motion, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion carries.
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DISCUSSION ITEM
DISCUSSION BY VICE CHAIR RUSSELL REGARDING HOUSE
BILL H.R.6467, "CORONAVIRUS COMMUNITY RELIEF ACT".
RESULT: DISCUSSED
Chair Hardemon: I want to recognize Commissioner Russell. Can you read you --
the heading of your pocket item into the record, please?
Vice Chair Russell: The City Attorney's Office is still finalizing it, with a little
change. I'll read it in just a moment.
Chair Hardemon: Okay.
Vice Chair Russell: Actually, I've got it here. This is in reference to House Bill 6467
in the Congress. This is a resolution of the Miami City Commission urging President
Trump and the members of the 116th United States Congress to enact the house bill
entitled, "Coronavirus Community Relief Act," or similar legislation that would
appropriate $250 billion in funds for making payments to units of local government
with a population of 500,000 or less -- as you know, the City of Miami is 480,000 --
for cost directly or indirectly involved, related to, or have been, or will be incurred
due to, or have been, or will be a response to circumstances caused by the public
health emergency with respect to the coronavirus disease, COVID-19; directing the
City Clerk to transmit a certified copy of this resolution to the officials named herein.
Yesterday, a bill was introduced, because in the initial relief packages, cities over
500,000 are eligible for relief. There's only one of those in the entire State of Florida,
and that's Jacksonville. We missed it by 20,000 people. So there's a new bill that is
bring proposed with the next wave of relief, and I'd like to make sure that the City of
Miami has access to that, because as -- if any of you have read Chris Rose's memo
this morning --
Commissioner Reyes: Yes, sir.
Vice Chair Russell: -- the financial picture is a little grim, and we need stabilization
from the Federal government, so we don't repeat '08, '09, 2010, or worse, and we
should be right there first in line with the major cities that need relief as they help
their residents and businesses.
Commissioner Reyes: That's a good idea.
Commissioner Carollo: Chair, I'd like to second the item that Commissioner Russell
is bringing up.
Commissioner Reyes: And I will cosponsor it.
Commissioner Carollo: I'd like to see if we could have a vote on my resolution before
we then vote on the one that he presented that I second.
Chair Hardemon: Right. So we're not voting any of them right now per our City
Attorney. She wants to allow public comment to come in before we take up those
matters. So before the close of the meeting, we will vote on those items.
Commissioner Diaz de la Portilla: Mr. Chairman?
Chair Hardemon: You're recognized, Commissioner.
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Commissioner Diaz de la Portilla: Will we have an opportunity to have debate on
both of these matters, especially Commissioner Russell's?
Chair Hardemon: Of course, absolutely, yes.
Commissioner Diaz de la Portilla: Okay. Thank you.
Later...
Chair Hardemon: Commissioner Russell, you're recognized.
Vice Chair Russell: I'd like to move the pocket item that I had brought up before in
conjunction with the Mayor's item, as well.
Commissioner Diaz de la Portilla: No. We --
Vice Chair Russell: Did I make a mistake?
Chair Hardemon: You're recognized, Commissioner Diaz de la Portilla.
Commissioner Diaz de la Portilla: We already voted on Mayor Suarez's item that
Commissioner Carollo and I seconded. We already voted on the -- informing
Washington and Tallahassee that to deal directly with the City of Miami. Now we're
on your issue, which is House Bill 6467.
Vice Chair Russell: Correct.
Commissioner Diaz de la Portilla: Solely on your issue.
Vice Chair Russell: Yes, but I believe the Mayor had an alteration to that one, as
well.
Commissioner Diaz de la Portilla: No, I'm not sure.
Vice Chair Russell: That not only targeting cities under 500, 000, but targeting cities
based on their infection rate.
Commissioner Diaz de la Portilla: Okay, okay. But we need to have a discussion on
the base motion first. I have some concerns about it, whenever you're ready for that,
Mr. Chair.
Chair Hardemon: Well, we don't know what the motion is just yet. And so I thought
the motion that the Commissioner was making was inclusive of the Mayor's
comments. Is it not?
Vice Chair Russell: No. I read the title into the record earlier -- Madam City
Attorney, I believe you've got it captured -- regarding the House resolution that was
proposed yesterday to have the next tranche of federal government assistance, which
is 250 billion, include cities under 500, 000. That was my initial motion. Mayor
Suarez then mentioned about targeting cities based on their COVID infection rate,
which I agreed with and wondered if we could combine those two concepts. So that's
the crux of the motion.
Commissioner Diaz de la Portilla: I have a question now.
Chair Hardemon: You're recognized, Commissioner.
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Commissioner Diaz de la Portilla: I believe your motion was that we support House
Bill 6467. Earlier in the day you talked about --
Vice Chair Russell: Correct.
Commissioner Diaz de la Portilla: -- (INAUDIBLE) bill. You didn't talk about a
particular policy decision. You talked about a specific bill.
Vice Chair Russell: Correct.
Commissioner Diaz de la Portilla: The problem with that specific bill is that we're
injecting partisan -- Washington partisan politics into our City Government. There is
a huge high -stakes standoff taking place in Washington right now between the White
House and Congress on House Bill 6467. It is being debated today. There's two
proposals and there hasn't been no resolution. So I'm a little bit concerned about
engaging in partisan politics by supporting a particular bill when it's taking place in
Washington right now. The concept in any bill that cities under 500, 000, that we
support certain programs or certain policy decisions or policy angles, I am okay with
that. But I'm not okay with coming out that this Commission had a vote for a
particular bill that has -- is very partisan in nature and it's a huge high -stakes
standoff taking place in Washington right now. I don't want this body to become a
body that picks a particular bill because --
Vice Chair Russell: Agreed. I'm certainly open to amending the motion to remove
specific language to the specific resolution, because they may be making separate
proposals that'll combat each other and eventually come together. You're absolutely
correct. But the concept is what we want to advocate for, that any House, Senate,
presidential bill -- I think anything that ends up across the President's desk, at least
we're advocating for -- that the bill consider cities under 500, 000, and target them
based on their rate of infection.
Commissioner Diaz de la Portilla: I agree with that. I would agree with that.
Commissioner Reyes: And could that read that any assignment of funds that are
coming from the Federal Government should include cities that they are under
500,000? Because it's -- and we shouldn't limit ourselves only to these bills; I mean,
to everything. I mean, when they are using -- the measuring stick is the population
and the population is 500, 000, then we are left out, you see. And I think that here
what we want to do is include ourselves in any -- whatever incentive or whatever
assistance that the Federal Government is doing that we are included in -- we're a
part of that pot of money.
Commissioner Carollo: I believe that this is what we just approved in the Mayor's
sponsored resolution. I don't see the difference.
Chair Hardemon: The motion will stand corrected as Commissioner Ken Russell put
on the record, which is it takes into consideration what Commissioner Alex Diaz de la
Portilla made comments regarding.
Commissioner Diaz de la Portilla: Mr. Chair, I'm sorry to interrupt you. I agree with
Commissioner Carollo. I don't see any difference between what we're discussing now
than what Commissioner Carollo moved a few minutes ago. It's the same issue that
we already voted on. So I under --
Chair Hardemon: Commissioner (INAUDIBLE).
Commissioner Diaz de la Portilla: Initially, they were two different things. It was, I
think, Commissioner Carollo's and Mayor Suarez's proposals already was a different
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issue. That's already moved and already been voted on. This -- I don't see the
difference between Russell's -- Commissioner Russell's proposal now and what we
just did. I'm not seeing it. Maybe you can explain to me what the difference is.
Chair Hardemon: Commissioner Russell.
Vice Chair Russell: I would look to the City Attorney and the Clerk to clam what
was voted on in the last item. If it did include advocacy for the next rescue bill to
include cities under 500, 000, with targets based on COVID-related infection, then I'm
fine. It's already been done. But if it was limited to the airport situation with the
National Guard et cetera, then we need to pass something separately. I'd like this one
to stand alone.
Victoria Mendez (City Attorney): If I may read --
Vice Chair Russell: As long as it's captured one way or the other, I don't mind.
Ms. Mendez: If I just may read the Mayor's pocket item. It was a resolution of the
Miami City Commission urging the Federal and State Governments at all necessary
and appropriate levels to base all future aid regarding COVID-19 to be distributed
directly to and based upon the number of positive cases of COVID in each
municipality, and not based on population; authorizing the City Manager and the City
Clerk to provide copies of this resolution to all levels of the Federal and State
Government necessary and appropriate in order to express the City's direct Federal
and State funding requests for municipalities. And that was as amended, because we
added the State provisions, which were --
Unidentified Speaker: Right.
Ms. Mendez: -- (INAUDIBLE) by Commissioner Diaz de la Portilla.
Unidentified Speaker: Yeah.
Commissioner Diaz de la Portilla: And voted on, so it's already passed.
Vice Chair Russell: Right but -- so the current package that has already been
approved specifically allocates money to cities based on -- above 500, 000. So there's
these battling bills that are out there now -- resolutions and bills that are out there
now that would allow targeting under 500, 000. But the Mayor's resolution says
disregard population, so I'm a little concerned that the intent is not captured; that we
specifically, as cities under 500, 000, want to be considered, unless we pass something
separately or reconsider and amend. Because his language did capture 90 percent of
what we're trying to do. It just simply disregards population.
Commissioner Reyes: I think it captures --
Commissioner Diaz de la Portilla: It captured everything. It captured everything.
Commissioner Reyes: It captured everything.
Commissioner Carollo: It is. It did. It mentioned here in the first paragraph --
Commissioner Reyes: That's right.
Commissioner Carollo: -- the 500,000 or less limit.
Vice Chair Russell: Okay.
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Commissioner Reyes: Yes.
Vice Chair Russell: Then that's fine. If that captures it already, then that's fine.
Chair Hardemon: Okay. Then gentlemen --
Ms. Mendez: If I may, Chairman?
Chair Hardemon: Yes.
Ms. Mendez: So I understand what Commissioner Russell is saying, and basically the
resolution does not mention population of 400 and -- of 500, 000. It just wants to
focus on the cases of COVID instead, bringing into -- because of the situation on the
population.
Unidentified Speaker: I got it.
Ms. Mendez: If we want --
Unidentified Speaker: We got it.
Commissioner Carollo: Okay.
Ms. Mendez: Do we want to amend it, or do we just do a stand-alone just basically
saying --
Commissioner Diaz de la Portilla: Let's amend it.
Ms. Mendez: Amend it?
Commissioner Diaz de la Portilla: Let's reconsider it, amend it, and pass it out.
Ms. Mendez: Okay. Then we'll --
Commissioner Reyes: Let's amend it.
Chair Hardemon: Is there a motion to reconsider?
Commissioner Diaz de la Portilla: I move to reconsider.
Chair Hardemon: Is there a second?
Commissioner Reyes: I second, I second.
Chair Hardemon: It's been properly moved and seconded to reconsider. All in favor,
say "aye.
If
The Commission (Collectively): Aye.
Chair Hardemon: All against? It's been properly moved to reconsider. Is there a
motion to approve with the amendment?
Commissioner Diaz de la Portilla: Commissioner (INAUDIBLE) --
Commissioner Carollo: So moved.
Chair Hardemon: It's been properly moved and seconded to approve with the
amendment. Any further discussion? Seeing none, all in favor, say "aye."
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The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion carries. Gentlemen, we are at the end of our
agenda. This meeting has come to a conclusion. Thank you so very much. I know
Commissioner Alex Diaz de la Portilla, you have a CRA (Community Redevelopment
Agency) meeting.
Commissioner Diaz de la Portilla: A CRA meeting, Mr. Chair and Commissioners,
that I promise will be -- well, I can't promise. You never know with these meetings.
But I'm going to try to keep it for, I mean, 15 minutes, maybe, so we'll be done with
the business in 15 minutes, hopefully, and we'll be able to move on and go home.
Chair Hardemon: Okay. Mr. Clerk, do you need anything from us in order to do
that? Because I can close --
Commissioner Diaz de la Portilla: You want a five-minute break or something like
that or --?
Commissioner Carollo: Yes, five-minute break.
Commissioner Diaz de la Portilla: Okay, five-minute break.
Ms. Mendez: You would need a break to be able to transfer out everything.
Commissioner Diaz de la Portilla: Okay, a ten-minute break then.
Chair Hardemon: This meeting is over and then --
Ms. Mendez: Yes.
Chair Hardemon: -- we'll be back in five minutes.
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DISCUSSION ITEM
A DIRECTION OF THE MIAMI CITY COMMISSION TO THE CITY
MANAGER TO TEMPORARILY SUSPEND THE ENFORCEMENT
OF SECTION 31-51 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE") RELATING TO THE
OPERATION OF FOOD TRUCKS AS AN EMERGENCY MEASURE
PURSUANT TO THE DECLARATION OF A STATE OF
EMERGENCY IN THE STATE OF FLORIDA AND THE
DECLARATION OF A STATE OF LOCAL EMERGENCY IN THE
CITY OF MIAMI IN ORDER TO PERMIT FOOD TRUCKS TO
REMAIN ON PRIVATE PROPERTY FOR LONGER THAN THREE
(3) DAYS BUT ONLY UNDER THE FOLLOWING
CIRCUMSTANCES: 1. NO FOOD TRUCKS SHALL BE PERMITTED
IN DISTRICT 3; 2. UP TO TWO (2) FOOD TRUCKS MAY OPERATE
IN THE BRICKELL AREA OF DISTRICT 2 WHEN THEY ARE
LOCATED NO MORE THAN TWO HUNDRED AND FIFTY (250)
FEET FROM A FOOD SERVICE ESTABLISHMENT, AND ONE
THOUSAND (1000) FEET FROM A FOOD SERVICE
ESTABLISHMENT IN THE REMAINING PORTIONS OF DISTRICT
2; 3. FOOD TRUCKS MAY OPERATE IN DISTRICTS 1, 4, AND 5
ONLY WHEN THEY ARE LOCATED NO MORE THAN ONE
THOUSAND (1000) FEET OF A FOOD SERVICE
ESTABLISHMENT; 4. THE REMAINING PROVISIONS OF
SECTION 31-51 SHALL REMAIN IN EFFECT; 5. THE TOTAL
NUMBER OF FOOD TRUCKS PERMITTED TO OPERATE UNDER
THESE TERMS IS AT THE DISCRETION OF THE CITY
MANAGER; 6. THIS TEMPORARY MEASURE WILL END AT 11:59
PM ON APRIL 24, 2020.
RESULT: DISCUSSED
Chair Hardemon: So, Commissioners, I'm trying to understand then the -- what the
direction is. Are we -- is there a motion to approve this --
Vice Chair Russell: No.
Chair Hardemon: -- this item or are you trying to create another --?
Commissioner Reyes: No, no, no.
Vice Chair Russell: No. I'm simply giving direction to the Manager within his
executive power -- because Victoria did say -- the City Attorney did say under
executive order, he would be able to do something like this. And so, I want to make
sure it's clear and that this body's okay with that, because Commissioner Diaz de la
Portilla said he doesn't want to give broad sweeping powers. So if we're going to be
acutely accurate here, it's about food trucks and satellite kitchens being able to
operate during this crisis, so during the crisis period that they can currently function
and be within the law under his emergency powers to not have to move every three
days because -- from private property. Because if I'm not mistaken, as long as they're
on private property and they fall within all those distance requirements that are
already in our ordinance as it exists, they have to move every three days and it's
causing problems. And these (INAUDIBLE) kitchens that are more heavy duty don't
have that ability. And so, I just want to give him that power to allow them to stay in
place, so they don't have to use City property. It's really causing a lot of contracts,
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and logistics, and infrastructure for them to come onto City property, which they don't
need to do. They have their own properties. We're just not letting them use it.
Chair Hardemon: Commissioner Diaz de la Portilla.
Commissioner Diaz de la Portilla: Yeah. If I'm reading the body right, then I think
we have to add that Commissioner Reyes wants some distance, maybe 250 feet, from
existing restaurants.
Commissioner Carollo: No.
Commissioner Diaz de la Portilla: I think what I recommended was that it only last
for 14 days so we can revisit it again. And I think what Commissioner Carollo may
want -- I don't know, I can't speak for him -- for it not to happen in District 3. And
perhaps that's okay, too. I mean, I'm okay with that, too. I mean, it's his district.
He's duly elected there. He has the right to represent his constituents the way he sees
fit, and I would have no problem with that if those are the conditions for the
emergency power that we're giving the Manager -- for the limited emergency power.
Ms. Mendez: Would you --? I can recommend -- it could be a resolution of the City
Commission waiving the requirements offood trucks gathering period during the state
of emergency for the purpose of providing emergency feeding services. Do you want
to pass that resolution?
Commissioner Diaz de la Portilla: But not within 250 feet of an existing restaurant.
Ms. Mendez: Okay.
Commissioner Carollo: But 250 feet is really nothing.
Commissioner Reyes: Nothing.
Commissioner Carollo: Even the 500 --
Commissioner Diaz de la Portilla: 500 feet.
Commissioner Reyes: 500.
Commissioner Diaz de la Portilla: But you know, you can't make it a thousand feet,
because there'll be another cafeteria down the line.
Commissioner Reyes: That's right.
Vice Chair Russell: I believe we already have it in the ordinance.
Commissioner Diaz de la Portilla: We -- but this is an emergency power that we're
giving the City Manager to do these things under these para -- this thing under these
specific, very specific parameters. So 500 feet, would that be okay for you,
Commissioner Carollo?
Commissioner Carollo: Well, frankly, 500 feet is nothing for restaurants. You know,
I would consider at the very least, 1, 000 feet, which is minute. That's like ten derent
properties that you go by. A thousand feet is more in line. And what -- since we're
talking emergency now, I will be willing for the Manager, under the emergency, to
decide in all districts, including 3, if there is a need for it somewhere. I'm sure he'll
discuss it with me, like he will with any one of you in your districts. So this should be
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for all the districts. If we're talking about for the 14 days emergency only, and I
would suggest that we have at least a thousand feet.
Chair Hardemon: Okay.
Commissioner Reyes: Yes.
Commissioner Diaz de la Portilla: Okay. I'm good with that.
Ms. Mendez: As long as the use is allowed in the zoning transect zone.
Commissioner Reyes: Absolutely. We don't want it in residential areas or anything
like that.
Commissioner Carollo: Well, absolutely.
Vice Chair Russell: I'm sorry. I didn't hear Commissioner Carollo. What would be
the distance requirement?
Commissioner Carollo: One thousand feet.
Vice Chair Russell: It'll pretty much eliminate our ability to do this in downtown and
Brickell. And most of the restaurants are closed right now. They're not able to
function.
Commissioner Diaz de la Portilla: The people in downtown and Brickell need food?
(INAUDIBLE) Allapattah and Little Havana and areas that have --
Vice Chair Russell: This is for everywhere that needs it. Most of the restaurants are
closed. Most of the people are out of --
Commissioner Carollo: (INAUDIBLE) Commissioner, I'm curious that have these
lots already that if they have them in Brickell, they've got to be very expensive
properties --
Vice Chair Russell: Yes.
Commissioner Carollo: -- that are doing these food drives. Do you have names for
them? Can we identift--
Vice Chair Russell: Yeah. This is --
Commissioner Carollo: -- who they are?
Vice Chair Russell: -- the Reef Technologies Kitchens, and they're working with us
on a couple fronts. One is to expand their own business model providing for profit
food for the restaurants through the satellite kitchen, so they're the ones helping
Sergio's have a Brickell location that they can deliver from, for example. So they
have a contract with Sergio's. They replicate their menu. They hire chefs and they
have a satellite kitchen that can do deliveries in those different regions.
Commissioner Diaz de la Portilla: For profit.
Vice Chair Russell: The other facet is their food --
Commissioner Reyes: For profit.
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Commissioner Diaz de la Portilla: For profit.
Vice Chair Russell: -- giveaway portion.
Commissioner Reyes: For profit.
Vice Chair Russell: The other facet is the food giveaway portion that the same
company is using their properties and their satellite kitchens to create meal menu
boxes that they are delivering to families that'll last them an entire week.
Commissioner Carollo: Okay, well, let's do this: How many feet do you need for
those sites that you're talking about for it to work for you?
Vice Chair Russell: 250.
Commissioner Carollo: Okay. How many sites do you have?
Vice Chair Russell: Seven -- well, there's seven throughout the City, but I'll leave it to
deference of your districts. They were looking for seven City property sites so that
they could service the whole city and the needs throughout.
Commissioner Carollo: Well, I'll be willing to -- in the resolution -- on the sites that
you're going to give us in District 2, to -- with the exception of the sites that you give
us in District 2, that it'll be 250 feet. Everything else would be a thousand, but that's
all far as I'll go.
Vice Chair Russell: Thank you.
Commissioner Reyes: But District --
Vice Chair Russell: That's a good consideration.
Commissioner Reyes: -- 2, which area? I mean, in Brickell? You're talking about
Brickell or you're talking about Coconut Grove when you're talking about the
(INAUDIBLE) site?
Vice Chair Russell: They're not planning a kitchen in Coconut Grove.
Commissioner Reyes: Okay. And how about in the other areas?
Vice Chair Russell: And purposefully for the case -- for the reason that they would be
actually too close to 20 restaurants that are currently operating that we don't have
that need in that area, so we found areas where we do have the need.
Commissioner Reyes: That -- don't you think that's going to hurt restaurants in
downtown Miami? Those small restaurants that they are open now and we have -- at
DDA we created -- we're asking them -- I mean, the residents to go local and buy
direct so they can save some money, not using the platform. And wouldn't it be
hurting -- us hurting those restaurants, too? I mean, I -- downtown Miami, if you
establish one of those kitchens, you are going to -- or food trucks -- you're going to be
hurting those little restaurants that they are -- now they are surviving by delivering to
residents in downtown Miami and we started a program. We said go local -- buy
local and buy direct. And I will vote against it if you're going to have it in downtown
Miami. I will have to vote against that. If it is 250 feet and you will allow them to
establish themselves in downtown Miami when all those --
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Vice Chair Russell: This is just during the emergency order to make sure we have a
constant food supply throughout.
Commissioner Reyes: But in this emergency ordinance, you see, you'll be hurting
those small restaurants. It doesn't matter if it is two days. You're hurting those
restaurants -- small restaurants that they are surviving with -- I mean, by having a
little window and having -- even what we have been trying to do is started that
program so they can keep their workforce instead of being laid off. They can use the
waiters as deliveries. They could deliver the food and be working. And that is --
Vice Chair Russell: Thank you. So just to clam --
Commissioner Reyes: -- something that I done up here.
Vice Chair Russell: -- because we have thought of that. Commissioner Reyes, I
completely understand where you're coming from and I agree with you. When they
establish a location, they're virtual. Nobody walks up to them and they don't advertise
their location. They only exist on the internet for delivery. So people go to Sergio's.
People actually order from Sergio's but there's a local delivery time that's cut down,
and it can be fresh and hot.
Commissioner Reyes: I know --
Vice Chair Russell: So they're not competing with the guy next door. They're
competing with the whole internet.
Commissioner Reyes: Listen, sir, I know the system. They came to my office, also,
and I spoke with them, and I know how they work. But what I'm saying is they're on
the internet, so are these restaurants and they are close to downtown Miami. And in
this time of need what we have to do is we have -- instead of getting somebody else to
come and take business away from those restaurants that they are striving now, what
we have to do is to promote them more, you see. As a matter of fact, I've been
promoting the restaurants in my district. I've been promoting. And in the internet,
I've been promoting the restaurants in D4 (District 4), so people will patronize them,
because that's the only way that those people are going to survive. We don't know if
it's going to be 14 days. We don't know if it's going to be 60 days. And most of them,
they cannot -- I mean, they cannot survive unless we help them, and they start getting
loans and grants, because we don't know. This is something that is -- if it is
something that is certain about this period, it's we don't know when it's going to end,
you see. We don't know. And I don't think that it is our job now is to hurt those
people that -- those little restaurants that they are surviving now by bringing some
competition to them, you see.
Commissioner Carollo: Can we bring this to a head?
Chair Hardemon: I would like to.
Later...
Chair Hardemon: All right, and what's the direction that we've come to the
conclusion with, with all this discussion we've had?
Commissioner Carollo: Well, from what I'm hearing, the motion, as Commissioner
Diaz de la Portilla stated, would be for 14 days. It would be for a thousand feet, with
the exception -- taking into consideration what Commissioner Reyes said on
downtown, and what Commissioner Russell said, that it would not be in Coconut
Grove, that it would be limited for him to have two places that could be within 250
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feet, in Brickell, so the rest of the City will be a thousand with the exception of a
couple of places that would be up to 250 feet in Brickell --
Vice Chair Russell: And downtown.
Commissioner Carollo: --14 days.
Commissioner Diaz de la Portilla: And downtown.
Commissioner Reyes: Downtown is not -- they're not going there.
Commissioner Carollo: Downtown, Commissioner Reyes is not in favor of it so I
think --
Commissioner Reyes: That's right. I'm not in favor of that.
Commissioner Carollo: -- we're going to lose the votes; that's why I didn't include it.
Commissioner Reyes: That's right.
Vice Chair Russell: Oh, so Brickell only?
Commissioner Reyes: Brickell only.
Vice Chair Russell: We'll take it. Whatever I can get that has the consensus of the
majority of this board, I'll take it --
Commissioner Carollo: We'll give you two places --
Vice Chair Russell: -- because we do need it.
Commissioner Carollo: -- in Brickell.
Commissioner Reyes: And that's it.
Commissioner Carollo: And you give the addresses to the Manager. Everything else
would be a thousand feet.
Commissioner Reyes: Absolutely.
Commissioner Diaz de la Portilla: That works.
Commissioner Carollo: In all districts for the emergency period. And the Manager
will discuss with each of us what sites he wants to open up.
Victoria Mendez (City Attorney): Commissioner Carollo, unfortunately, it's based on
where the Zoning Ordinance allows it.
Commissioner Carollo: Yes.
Ms. Mendez: And we have, pursuant to our City Code, taken it out of District 3. So I
would appreciate if --
Commissioner Carollo: Okay.
Ms. Mendez: Unfortunately (INAUDIBLE) --
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Commissioner Carollo: Okay, then incorporate the ordinance into it.
Ms. Mendez: Oh, okay. Thank you.
Commissioner Carollo: Sure.
Commissioner Reyes: And I'm clear -- we're clear that we don't have these food
trucks or kitchens in downtown Miami.
Chair Hardemon: Okay. So is the direction cleat, or do you want to take a vote on
the direction?
Commissioner Carollo: I think the direction is clear.
Commissioner Reyes: It's clear, okay.
Chair Hardemon: All right, so then let's move on.
DISCUSSION ITEM
DISCUSSION BY CHAIR HARDEMON REGARDING THE CITY OF
MIAMI'S SOLID WASTE AND RECYCLING COLLECTION
SCHEDULE DURING THE DECLARATION OF A STATE OF LOCAL
EMERGENCY DUE TO COVID-19.
RESULT: DISCUSSED
Chair Hardemon: Okay. And before -- so there's a couple things. I mean, we have
one thing basically left that's on the agenda. I wanted to say to the Administration,
this reduced schedule for trash pickup is problematic. And it's interesting, because,
you know, for me, I kind of take it as a backdoor way of doing some things that I know
Solid Waste had been trying to do for some time now. So, for instance, we know that
all of us enjoy once a week we get bulk trash pickup. And there's been the discussion
about is that too much because in the County, for instance, they get it significantly
less and other counties -- in other cities, they get it significantly less.
Victoria Mendez (City Attorney): Twice a year, twice a year, unfortunately.
Chair Hardemon: Yeah, in the County. But it's also why the County looks like how it
looks. If you go into areas -- there are areas that are abutting my district that, I
mean, it is completely frightening to see how much garbage, trash is out in the street.
And it becomes a way of life, and that's not how anyone should have to live within the
community. And so, I say that to say we know that we have illegal dumping that
happens within our City. We know that people who illegally dump, they know that it's
going to be picked up and that's why they do it. But essentially they do it -- no, I'm
sorry. Let me rephrase that. They do it because they don't want to pay the fee for
actually dumping it legally. And so, they break the law and they dump it in the City of
Miami. And in the City of Miami, we pick up. But also, we have residents that put
bulk stuff out and they expect the pickup every week and they pay the fee to have that
service. And so, what I'm worried about here is that when you make these sort of
changes, you're going to have communities where you're going to have a significant
amount of bulky trash that's in the street. And I saw something in the City of Miami
that there was this schedule of the bulky pickup, so it wasn 't -- it was no longer than it
was just, say for instance, Mondays. It was like Monday, Tuesday, Wednesday -- it
depends on the area. And so, I think that kind of also leads to a lot of confusion about
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what trash is going to be picked up and when it's going to be picked up. And so, you
know, we -- this is something that I wanted to discuss. And luckily for us, we have
some constituents that called in to make an objection to it. I understand with the
recycling, because all we're doing is moving recycling to the trash or the garbage
bins, and that's fine. But the -- at least that bulky trash pickup I think is problematic
for the beauty of our spaces. Any other Commissioners want to opine on this?
Commissioner Reyes.
Commissioner Reyes: Yes. Yes, and I'm glad you brought this up. And I had a
conversation with Mario when I was informed about the every -other -week pickup.
And I agree with you that there has been -- before, there have been suggestions by the
previous City Manager that it was once a month or whatever, and I was totally
opposed to that. I made it clear that I was not in favor of every -other -week pickup
because -- I mean, just for all the reasons that you so clearly stated, Commissioner
Hardemon, because our city and our neighborhoods, they are looking -- I mean, a lot
of trash in it. And as you drive around, people, they just bring it out. And the way
that it is now, we still have problems, because people, they don't comply. That's for
lack of enforcement. And they bring it up on Sunday when they're going to be pick up
on Wednesday. And the way that it is now is problems and we have problems with it.
Imagine if we are going to do it every other week and people know that it's every
other week. Some people -- most of the people that come to the City of Miami to, I
mean, illegal dump their trash, they come because we don't catch them, you see. And
what we have to do, we have to catch them. And to that effect, I think that we have
bought some cameras, and they should be strategically located so we can go after
them and fine them, and if we catch them, let's confiscate the vehicle that they brought
the -- or be -- I mean, they should be penalized, very harshly penalized. And that's
how to solve the problem, not to -- by saying, "Okay, if they come and they dump --
illegally dump in Miami, well, they're going to do it anyways." But then now I'm
going to pick it up a month or two month. They will come to the City of Miami,
because we don't catch them, you see, and we don't fine them, and there is no -- at this
time, it's very easy to come and dump and leave, you see. And that is the problem that
we have. Imagine if we do it every other week. People are not going to stop coming
to the City of Miami to illegal dump, because it's going to be every other week or
every month. And I agree with you that this have created problems, and it's going to
create more problems, and our City's going to look horrible, horrible. My
neighborhood, it's two weeks without the picking up the bulk trash. It looks horrible,
and I had a lot of complaints about it.
Chair Hardemon: Mr. Casamayor.
Fernando Casamayor: Thank you, Commissioners. Fernando Casamayor, Assistant
City Manager. Just to let the Commission know the reason behind the reduced
schedule and the elimination of the recycling. What we thought of was having to deal
with the attrition that we anticipated with our -- some of our employees getting sick or
having to be isolated, unlike Police and Fire, the number of people that are qualified
to drive the Solid Waste trucks, whether they're the boom trucks that have to pick up
or the ones that have the one arm, are -- it's a limited number. It's not the entire
group that we have. So we did this in anticipation of still continuing to provide solid
waste services that we need to provide, but to also be able to not miss any of the bulky
waste pickups that people put out there if I have to start missing routes. We have
missed a couple of routes since the beginning of this emergency. We run routes on the
weekend to try to make up for the ones that we've lost. So, fortunately, we haven 't
had an enormous amount of employees be out yet. We do have two employees in Solid
Waste that have tested positive and several others that are isolated. We are working
to train additional employees to drive trucks so that we have a pool, let's say, of
individuals that we can pull in in order to deliver services. And again, this is strictly
during this emergency period --
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Commissioner Reyes: Okay.
Mr. Casamayor: -- so that we can cover what is one of the most essential services in
any municipal government, which is the solid waste collection. I understand that a lot
of individuals are upset, because they're very used to the weekly collections on the
bulky waste. We knew that this would be an issue that could possibly affect some of
those individuals. But again, it was a decision that was made in order to ensure that
we still have coverage.
Chair Hardemon: You see -- I will recognize you in a second, Commissioner Reyes.
The issue is not just, for instance, me as a homeowner putting out some things and I
expect it to be picked up. The issue is that things are put out, and they remain out.
And so, you know, you're going to have all this accumulation of trash, right? And
then there's no -- you don't know when to put it out. So the responsible homeowner
knows that I put it out on Sunday and the next day it comes out, they pick it up. But
now if it's sporadic, you know, well, when do I put it out as a responsible homeowner?
And then I'm looking at the trash that's maybe in the median and it's just growing, and
when are they coming to get this? And so, I think that's part of the issue.
Commissioner Reyes.
Commissioner Reyes: Yes. And I also want to make sure that this -- I mean, this
schedule that we have now, it will not continue when we get out of this. And my
biggest fear is -- besides everything that Commissioner Ken Russell have said -- that
now we're going to establish the every -other -week pickup, which I think it will be real
bad for the City of Miami and is going to hurt the way our City looks. And it's not --
let me -- it's not healthy, also. It is not healthy, you see. So make sure that we go
back when we -- when we go back to normal, we go back to the normal pickup of
trash.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE
FEDERAL GOVERNMENT AND THE STATE OF FLORIDA
("STATE"), BOTH AT ALL NECESSARY AND APPROPRIATE
LEVELS, (A) TO BASE ALL FUTURE AID REGARDING THE
NOVEL CORONAVIRUS COVID-2019 DISEASE ("COVID-19") TO
BE DISTRIBUTED DIRECTLY TO AND BASED UPON THE
NUMBER OF POSITIVE CASES OF COVID-19 IN EACH
MUNICIPALITY AND NOT ON POPULATION AND (B)
SPECIFICALLY TO ALLOW AID TO BE PROVIDED TO
MUNICIPALITIES WITH POPULATIONS OF LESS THAN 500,000
RESIDENTS FOR PAST, PRESENT, AND FUTURE DIRECT AND
INDIRECT COSTS AND EXPENSES; DIRECTING THE CITY
CLERK TO TRANSMIT CERTIFIED COPIES OF THIS
RESOLUTION TO THE OFFICIALS NAMED HEREIN.
ENACTMENT NUMBER: R-20-0115
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Alex Diaz de la Portilla, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
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RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE
FEDERAL GOVERNMENT AND THE STATE OF FLORIDA
("STATE"), BOTH AT ALL NECESSARY AND APPROPRIATE
LEVELS, (A) TO BASE ALL FUTURE AID REGARDING THE
NOVEL CORONAVIRUS COVID-2019 DISEASE ("COVID-19") TO
BE DISTRIBUTED DIRECTLY TO AND BASED UPON THE
NUMBER OF POSITIVE CASES OF COVID-19 IN EACH
MUNICIPALITY AND NOT ON POPULATION AND (B)
SPECIFICALLY TO ALLOW AID TO BE PROVIDED TO
MUNICIPALITIES WITH POPULATIONS OF LESS THAN 500,000
RESIDENTS FOR PAST, PRESENT, AND FUTURE DIRECT AND
INDIRECT COSTS AND EXPENSES; DIRECTING THE CITY
CLERK TO TRANSMIT CERTIFIED COPIES OF THIS
RESOLUTION TO THE OFFICIALS NAMED HEREIN.
ENACTMENT NUMBER: R-20-0115
MOTION TO: Reconsider
RESULT: RECONSIDERED
MOVER: Alex Diaz de la Portilla, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE
FEDERAL GOVERNMENT AND THE STATE OF FLORIDA
("STATE"), BOTH AT ALL NECESSARY AND APPROPRIATE
LEVELS, (A) TO BASE ALL FUTURE AID REGARDING THE
NOVEL CORONAVIRUS COVID-2019 DISEASE ("COVID-19") TO
BE DISTRIBUTED DIRECTLY TO AND BASED UPON THE
NUMBER OF POSITIVE CASES OF COVID-19 IN EACH
MUNICIPALITY AND NOT ON POPULATION AND (B)
SPECIFICALLY TO ALLOW AID TO BE PROVIDED TO
MUNICIPALITIES WITH POPULATIONS OF LESS THAN 500,000
RESIDENTS FOR PAST, PRESENT, AND FUTURE DIRECT AND
INDIRECT COSTS AND EXPENSES; DIRECTING THE CITY
CLERK TO TRANSMIT CERTIFIED COPIES OF THIS
RESOLUTION TO THE OFFICIALS NAMED HEREIN.
ENACTMENT NUMBER: R-20-0115
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Alex Diaz de la Portilla, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
Mayor Francis Suarez: I have a pocket item as well that the City Attorney has asked
me to articulate because of the public comment. And the pocket item is asking the
Federal Government to either rethink in the way that it allocates funding or in the
next round of the stimulus money to allocate funding differently based on the number
of cases that a city has of COVID-19 in terms of stimulus money, not on population.
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Right now, in the first round of stimulus, we're cut off at half a million, 500,000
population. And the City of Miami, depending on what statistics you look at, may be
slightly under that at 470. And so, I think that's a major concern because as we're
going to hear with the budget presentation, we're going to have a major deficit
coming into this year, and I think it's imperative that the federal government, if they're
going to provide funding to governments -- (INAUDIBLE) $8.3 billion to the state of
Florida -- that that money flows through directly to the City without any impairment
or any sort of impediment. And so, I would ask -- you know, right now I think the only
city that has over a half a million guaranteed in population is Jacksonville and they
have one-fourth the amount of cases that the City of Miami has. They have one -tenth
of the amount of cases that Miami Dade County has. So I think the better formula is
to do it based on number of COVID cases and not necessarily on population. Thank
you, Mr. Chair.
Commissioner Carollo: Mayor, I'll be happy to make the motion on that. And I think
that's a very good resolution that you presented for us to consider.
Commissioner Reyes: And I would --
Commissioner Carollo: Let me point out that the reason Jacksonville meets that over
half a mill is because they're also a county and a city together. It's kind of peculiar
that the county is also the city and that's why they meet that. If they were not that, like
all the other cities in the other 66 counties in Florida, they also would not meet it.
Mayor Suarez: That's correct.
Commissioner Reyes: I will second it, yes.
Chair Hardemon: So, we make sure that it was put on the record -- I'll recognize you,
Commissioner Diaz de la Portilla. We want to make sure that was put on the record
so that we could have public comment roll in because once we finish the second
reading ordinances, we'll kind of go back to the pocket item that we discussed earlier.
Commissioner Diaz de la Portilla and then Commissioner Russell.
Commissioner Diaz de la Portilla: Thank you, Mr. Chairman. And Mr. Mayor, I
commend you for that resolution. I think it's very good, very well timed and very
necessary. I think that we're going to have a special session in Tallahassee, probably
in July, where Tallahassee gets those dollars from the Federal Government, and then
they allocate those dollars. At some future meeting I'll recommend that we probably
-- one of us do a pocket item or an item that asks Tallahassee to do the same thing;
that they deal directly with the cities and bypass the counties, because I think we know
best how to govern the people that we represent, the people that elected us. I think
we've shown that through this entire crisis, and I think we'll continue to show that by
leading the way, leading the State and leading the nation in many cases on important
measures to keep our people safe and healthy. And I think it's important that we also
do the same resolution to Tallahassee itself when they allocate those dollars, that
those dollars --
Mayor Suarez: I agree, I agree.
Vice Chair Russell: Mr. Chairman.
Chair Hardemon: You have the floor, sir.
Vice Chair Russell: Thank you. As it's related to the earlier pocket item regarding
HR 6467 that is already being introduced at the federal level, is it possible to combine
what the Mayor is asking? And not only are we supporting the bill that cities under
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500,000 get support directly from the Federal Government, but that we also advocate
that they create a measurement stick with regard to number of cases that -- in that
allocation.
Commissioner Reyes: I agree.
Vice Chair Russell: And then further directing the Manager to study that bill and
make sure that all of our expenditures are lining up with our ability to get reimbursed
from that.
Mayor Suarez: Totally agree.
Commissioner Reyes: Mr. Chair, if it is possible to include that suggestion that
Commissioner Russell is doing, I strongly agree with it, with him. I think that it will
have more effect than have two different resolutions. I think that that one is
specifically stating that our cities -- cities that they are less than 400 -- I mean,
500, 000, that they are going to be -- the assistance is going to be based on the number
of people that have been contaminated by the virus. I think that's a good measure,
and Mayor Suarez, I think that was very well thought.
Chair Hardemon: Okay.
Later...
Chair Hardemon: Now I know there was a -- Mr. -- Mayor Francis, you had a pocket
item.
Commissioner Reyes: Yes.
Mayor Suarez: Yes. And I believe I articulated it. I don't know if there's any public
comment on it. I know that the City Attorney had asked that we announce it so that
the public could comment on it. And basically, the essence of it -- and I think you
should have all received a copy of it -- is essentially that the Federal Government,
when it's providing stimulus money to other governments, (INAUDIBLE) this $150
billion, it's providing $8.3 billion that's going through the State (INAUDIBLE). And I
like Commissioner Diaz de la Portilla's idea of also maybe we include in that motion
that we also urge the State to provide relief to the City. And we just heard our Budget
Director talk about the economic impact of this for the year, the fiscal year. And one
of the ways to avoid this economic impact is if some of the stimulus money flows to us
that may prevent us from having to make any sort of personnel decisions that none of
us would like to do, would like to have to make. So I just would ask the Commission
to please move it and I thank you for your support.
Commissioner Carollo: I made the motion previously, Mayor.
Mayor Suarez: Thank you.
Commissioner Diaz de la Portilla: I'll second it.
Mayor Suarez: Thank you, Commissioner. Thank you, Commissioners.
Commissioner Diaz de la Portilla: Thank you.
Chair Hardemon: So that motion was in conjunction with your -- it was the same,
Commissioner Carollo, correct? Your item and Mayor's request.
Commissioner Carollo: No, no. This is separate than my motion.
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ADJOURNMENT
Chair Hardemon: Okay. So then it's been properly moved by Commissioner Carollo,
seconded by Commissioner Alex Diaz de la Portilla. Any further discussion?
Commissioner Carollo: Nope.
Todd B. Hannon (City Clerk): Mr. Chair, my apologies. Was this also including
Commissioner Russell's non -agenda regarding HB-6467.
Commissioner Diaz de la Portilla: No.
Commissioner Reyes: Yeah.
Commissioner Diaz de la Portilla: No.
Commissioner Reyes: Well --
Commissioner Carollo: No.
Victoria Mendez (City Attorney): A suggestion was made to combine it but --
Commissioner Reyes: The suggestion was made to combine.
Ms. Mendez: Right so --
Vice Chair Russell: No.
Ms. Mendez: -- would you like to --
Vice Chair Russell: The combination recommendation was about two other things, I
believe. Mayor Suarez had a recommendation about the federal funds applying to
cities based on COVID infection.
Commissioner Reyes: That's right.
Vice Chair Russell: This has nothing to do with the airport.
Mr. Hannon: My apologies, understood.
Ms. Mendez: Right. We're not -- let's just keep them separate. Then we'll just make
the amendment with regard to Alex -- Commissioner Alex Diaz de la Portilla's
suggestion to also send it to the State Government. Is that fine?
Commissioner Diaz de la Portilla: That's correct.
Commissioner Carollo: That's correct. Call the question.
Chair Hardemon: Okay. It's been properly moved and seconded. Any further
discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion carries.
The meeting adjourned at 1:27 p.m.
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