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HomeMy WebLinkAboutCC 2021-02-11 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, February 11, 2021 9:00 AM City Commission Meeting City Hall City Commission Francis X. Suarez, Mayor Ken Russell, Vice Chair, District Two Alex Diaz de la Portilla, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Jeffrey Watson, Commissioner, District Five Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes February 11, 2021 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chair Russell, Commissioner Diaz de la Portilla, Commissioner Carollo, Commissioner Reyes and Commissioner Watson. On the llth day of February 2021, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Vice Chair Russell at 9:21 a.m., recessed at 12: 00 p.m., reconvened at 12:24 p.m., recessed at 12:47 p.m., reconvened at 3:13 pan., and adjourned at 9:53 p.m. Note for the Record: Commissioner Diaz de la Portilla entered the Commission chambers at 9:23 a.m., and Commissioner Carollo entered the Commission chambers at 10:10 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Vice Chair Russell: Good morning, everyone. Sorry to keep you all waiting. Welcome to the February 11 th, 2021 meeting of the City of Miami, City Commission in these historic chambers. Procedures for the public comment will be explained by the City Attorney shortly. Procedures for the swearing in of parties for the planning and zoning or quasi-judicial items will be explained by the City Clerk. The members of the City Commission appearing before this meeting are Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes, Jeffrey Watson, and me, Ken Russell, your Vice Chair. Also appearing are City Manager Arthur Noriega, City Attorney Victoria Mendez, and City Clerk Todd Hannon. We have a lot of distinguished guests today, residents, dignitaries, celebrities, journalists. Good to see you all. Please be safe. Please social distance. Please wear your masks even when you're speaking. We really want to keep everyone safe. We have not done protocol items in his hall for over a year. We want to make sure we're as safe as possible. The meeting will be opened with a prayer by Commissioner Watson, followed by the pledge of allegiance by Commissioner Reyes. Please stand. Invocation and pledge of allegiance delivered. Vice Chair Russell: Thank you very much. Before the City Attorney reads the rules of the day. Good morning, Commissioner. Commissioner Watson: Good morning. City of Miami Page 1 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 PART A - NON -PLANNING AND ZONING ITEM(S) PR - PRESENTATIONS AND PROCLAMATIONS PR.1 8629 PROTOCOL ITEM Honoree Presenter Protocol Item Black History Month City Commission Tribute Alexander C. Lightbourne Mayor Suarez and Commissioner Watson Proclamation Miami Janitors 32B1 5610 Mayor Suarez and Vice Chair Russell Salute RESULT: PRESENTED 1) In recognition of the many sacrifices and great contributions by African Americans, Miami City Commission celebrated Black History Month with a special presentation by various members of the Lemon City Community. 2) Mayor Suarez and Commissioner Watson presented a Distinguished Citizen's Award to the late Alexander C. Lightbourne in recognition of his service and in remembrance of his contribution as one of the 162 black men who signed the charter to incorporate the City of Miami in 1896. Mr. Lightbourne was a founding member of Bethel AME Church, served as a sergeant -at -arms for the Florida House of Representatives, and was a teacher ofjustice and of peace. 3) Mayor Suarez and Vice Chair Russell presented a Salute to Miami Janitors 32B1 5610 for their contribution to the health and safety of the City's communities, with nearly 40,000 janitors employed across the metropolitan area. Furthermore, the City recognizes that in order to attract and retain businesses in finance, technology, and other sectors, the City's commercial sector should uphold a responsible standard for cleaning services inside its commercial office buildings. The City Commission supports and urges cleaning contractors to provide adequate working conditions for essential workers who service commercial office properties. Elected leadership of the City of Miami paused in our deliberations of governance to salute Miami Janitors. Vice Chair Russell: So, we will be taking up proclamation items at this point, and then it'll take about 30 minutes' or so. Then we will go through the order of the day and set the agenda and at that point, we will allow public comment for all items on the agenda at that point. So that'll be in about 40 minutes, hopefully, more or less to do public comment if you're here for public comment. Presentations made. City of Miami Page 2 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 ORDER OF THE DAY Vice Chair Russell: I would just like to set the stage for everyone so we know what to expect. We have some proclamation items this morning, will be discussing some Black History items. I will be celebrating our commercial janitors of the area, and I'd like to take RE.2 and 3 out of order, recognizing Cuban Americans of distinctive note in our community. And that will all be before we take up the business of the day. So, 1 will start with the City Attorney -- oh, and just to mention, we have a couple of times certain items. At 3:00 p.m., the Army Corps will be presenting the Back Bay Study and any alterations or changes that they've come up with. And at 4:30, we have a shade meeting where the Commissioners will retire from the dais and discuss legal options on a settlement. So that is our agenda for the day, everything else we will try to fit in as orderly as possible. Madam City Attorney, could you read the procedures for the meeting, please? Victoria Mendez (City Attorney): Thank you, Chairman. Any person who was a lobbyist pursuant to chapter 2, article 6 of the code of the City of Miami 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 a staff member until registering. A copy of the code section about lobbyists is available at the City Clerk's Office or online at wwwmunicode.com [sic]. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the appropriate disclosures required by the code. A copy of this code section is available at the Office of the City Clerk or online at www.municode.com. In accordance with 2-33(f) and (g), the agenda and material for each item on the agenda today is available during business hours at the City Clerk's Office and online 24 hours a day, wwwmiamigov.com [sic]. Any person may be heard by the Commission through the Chair upon registering pursuant to publish notice. For no more than two minutes on any proposition before the City Commission takes action unless modified by the Chair. Members of the public may call 305-250-5454 to speak directly with the City Commission on agenda items to be heard at this meeting. Public comment will begin at approximately 9:00 a.m.. or thereafter and remain open until public comment is closed by the chairperson. Members of the public wishing to address the body may also do so by submitting their written comments via online comment form, please visit wwwmiamigov.com/meetinginstructions [sic] for detailed instructions on how to provide public comment using the public comment form. The comments submitted through the comment form have been distributed to elected officials and the City Administration throughout the day so that the elected officials can consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to the elected officials up until the chairperson closes public comments. All comments submitted will be included as part of the record for this meeting and will be considered by the City Commission prior to any action taken. Public comment may also be provided live at City Hall located 3500 Pan American Drive, subject to all COVID-19 rules and regulations and procedures. Speakers who appear in person will be subject to screening for any COVID-19 symptoms. Any persons exhibiting any symptoms of COVID-19 will not be permitted to enter City Hall. All persons are required to abide by State, County, and Local Emergency Orders and are urged to practice social distancing. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such a later date before the City Commission takes action on such a proposition. When addressing the City Commission, a member of the public must first state his or her name, his or her address, and what item will be spoken about. Any person with a disability requiring assistance, auxiliary aids, and services for this meeting may notift the City Clerk. Section 286.01146 (4)(c) specifically authorizes the city to prescribe procedures or forms for an individual to use in order to inform the board or Commission of the desire to be heard to indicate his or her support, opposition, or neutrality. The city, through its multiple comment options, City of Miami Page 3 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 has provided different methods to indicate, among other things, a public support, opposition, or neutrality on the items and topics to be discussed at the City Commission meeting. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity and time before the meeting. Please note, Commissioners have generally been briefed by City Staff and the City. Attorney on items on the agenda today. Anyone wishing to appeal any decision made by the City Commission for any matter considered at the meeting may need a verbatim record of the item. A video of this meeting may be requested at the office of communications or viewing online at www.miamigov.com. PZ (Planning and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code, as temporarily modified pursuant to emergency' ordinance numbers 13903 and 13914. Pursuant to these emergency orders, parties for any PZ items, including any applicant, appellant, appellee, City staff and any person recognized by the decision - making body as an -- a qualified intervenor as well as the applicant's representatives and any experts testifying on behalf of the applicant, appellant or appellee may either physically be present at City Hall to be sworn in by oath or affirmation, or may appear virtually and make arrangements to be sworn in by oath and -- or affirmation in person at their location by individual qualified to perform such duty. Pursuant to emergency ordinance number 13903, members of the general public who are not parties to the action pending before the City Commission are not required to be sworn in by oath or affirmation. The members of the City Commission shall disclose any ex parte communications pursuant to Florida Statute 286.0115 and section 7.1.4.5 of the Miami 21 zoning ordinance. Staff will briefly present each item to be heard for applications requiring the City Commission approval. The applicant will then present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order and presentation shall be as prescribed in Miami 21 and the City Code providing the appellant shall present first. The City Commission requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement or support or withhold objection pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting, as part of the agenda items, will be entered into the record at the City Commission's discretion. When the City Commission takes action or votes on any proposition before it, it shall do so by roll call vote, and shall be recorded by the clerk and included in the record. Anyone wishing -- please silence all cell phones and other ma -- noise -making devices. This meeting is also viewed on Miami TV, miamigov.com/tv, through the City's Facebook page, on the City's Periscope channel, on the City's YouTube channel, and on Comcast Channel 77. The broadcast will also have closed captioning. Thank you. Vice Chair Russell: Thank you. Mr. Clerk. Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony to be sworn in for planning and zoning items in any quasi-judicial items from today's City Commissioner agenda will be as follows. The members of City staff or any other individuals required to be sworn in who are currently present at City Hall will be sworn in by me, the City Clerk, immediately after I finish explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for planning and zoning items and/or quasi-judicial items. Pursuant to Emergency Ordinance Number 13903, those individuals appearing remotely may be sworn in at their location by an individual qualified to administer the oath. After you were sworn in, please be sure to complete, sign, and notarized the affidavit provided to you by the City Attornev's Office. Each individual who will provide testimony must be sworn in and execute an affidavit. Please e-mail a scanned version of the signed affidavit to the City Clerk at thannon@miamigov.com prior to providing testimony City of Miami Page 4 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 an the planning and zoning item and or quasi-judicial items. The affidavit shall he included in the record for the relevant item for which you will be providing testimony. Commissioners, are you comfortable with the notice provis -- oh, sorry. One moment, Chair. Good morning, ladies and gentlemen. If you were speaking on any of today's planning and zoning items, that's PZ 1, 2, and 3, may I please have you stand and raise your right hand. Do you solemnly swear or affirm that the testimony you are about to give at today's meeting is the truth, the whole truth, and nothing but the truth? Thank you. Commissioners, are you comfortable with all the notice provisions set forth in these uniform rules or procedures we have established for this meeting? Vice Chair Russell: Yes. Thank you. Commissioner Watson: Yes. Mr. Hannon: Thank you. [Later...] Vice Chair Russell: Conduct the order of the day and then we're going to break for lunch, please so we can set the agenda. Vice Chair, please. Commissioner Reyes: (INAUDIBLE). Vice Chair Russell: You're my chair. All right, Mr. Manager, you're recognized. Good morning. Arthur Noriega (City Manager): Good morning, Mr. -- or good afternoon, Mr. Chair, 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: PH. 3. Commissioner Reyes: Which one? Vice Chair Russell: PH.3. Mr. Noriega: PH.3. Commissioner Reyes: Yes. Mr. Noriega: To be withdrawn, RE.5 to be withdrawn, and DI.1 to be deferred to the March 25th meeting. Commissioner Reyes: DI.1? Mr. Noriega: DI.1. Yes, sir. Mr. Reyes: DI.1. Vice Chair Russell: March 25th. All right. Is that it, Mr. Manager? Commissioner Diaz de la Portilla: Can --? I'm sorry. I came in a few minutes late. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: Can you repeat it, Mr. Manager, please? Mr. Noriega: Sure. PH.3 to be withdrawn. City of Miami Page 5 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Diaz de la Portilla: Hold on, sir. Hold on, sir. Okay. Mr. Noriega: RE.5 to be withdrawn. Commissioner Diaz de la Portilla: Okay. RE.5 was the one that Commissioner Reyes already did, so we don't have to do it? Commissioner Reyes: Yes. Yes. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: It is exactly like yours and you co-sponsor it. Commissioner Diaz de la Portilla: Yes, sir. We're done. Okay. Mr. Noriega: And DI.1 to be deferred to the March 25th meeting. Commissioner Reyes: Okay. Vice Chair Russell.: Thank you. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: Are there any other items that the Commissioners would like to see withdrawn? Commissioner Diaz de la Portilla: Hold on. DI.1 we're doing March? Vice Chair Russell: 25th. Mr. Noriega: 25th. Commissioner Reyes: 25th. Commissioner Diaz de la Portilla: 25th, okay. That's good. Perfect. Thank you. Vice Chair Russell: Yes, Commissioner. Commissioner Carollo: What time would we be back? Vice Chair Russell: Three o'clock. We have a time certain with the Army Corps. Commissioner Carollo: Okay. Would it be possible right after we have that item, if we could take up the resolution for -- Commissioner Diaz de la Portilla: Martinez. Coniniissioner Carollo: Martinez? Commissioner Reyes: RE.2 and RE.3? Commissioner Carollo: Yeah. Vice Chair Russell: We could do that before we break for lunch, if you'd like. City of Miami Page 6 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Reyes: You want to do it? Commissioner Carollo: Let's do it at 3:00. That'll be fine. Commissioner Reyes: Yes. Let's do it -- Vice Chair Russell: Okay. Commissioner Reyes: Let's do it. Vice Chair Russell: All right. Okay. So, any other items the Commissioners would like to see withdrawn, deferred, or continued? Conmaissioner Watson: 1 want to ask Commissioner Carollo his -- on his DI.2. 1 know that's his. We had the session last week and then some other information I want to give to the Administration, including completion of a draft, so that we can come back and get it all in one -- Commissioner Carollo: Sure. Would you like to include it in this, or would you like to defer this? Commissioner Watson: Defer this until the 25th. Commissioner Carollo: Okay. 1 have no problem. I have no problem. Commissioner Watson: Give us everything. I appreciate it. Commissioner Carollo: Okay. So, DI.2 will be deferred to the 25th -- Vice Chair Russell: February 25th. Commissioner Watson: Thank you. Commissioner Carollo: And please. Mr. Manager and Madam City Attorney, work with Commissioner Watson on what he wants to include in that. Mr. Noriega: Yes, sir. Vice Chair Russell: Mr. Clerk, that's DI2, deferred to February 25th. Todd B. Hannon (City Clerk): Understood. February 25th. Vice Chair Russell: Are there any other items for deferral, withdraw, continuance? Mr. Clerk? Mr. Hannon: Chair, I do have a series of co-sponsor requests I'd like to read into the record? Vice Chair Russell: That's fine. Mr. Hannon: I'm aware of the following co-sponsor requests: PH1, Commissioner Carollo, Commissioner Reyes, Commissioner Watson; PH.2, Commissioner Carollo, Commissioner Reyes, Commissioner Watson; RE.2, Commissioner Reyes; RE.3, Commissioner Reyes; FR.2, Commissioner Russell. Commissioner Reyes: Okay. Vice Chair Russell: Thank you very much. City of Miami Page 7 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Diaz de la Portilla: Can you repeat that for me, please, slower? Vice Chair Russell: The co -sponsorships? Commissioner Diaz de la Portilla: Yes, sir. Mr. Hannon: Yes, sir. The co-sponsor requests that I'm aware of PH1, Commissioner Carollo, Commissioner Reyes, Commissioner Watson; PH2, Commissioner Carollo, Commissioner Reyes, Commissioner Watson; RE.2, Commissioner Reyes; RE.3, Commissioner Reyes; FR.2, Commissioner Russell. Commissioner Carollo: These are sponsors, right? Mr. Hannon: Yes, sir. Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: Can you add me to PH1, PH2 RE.2, RE.3? Mr. Hannon: Yes, sir. Commissioner Diaz de la Portilla: Thank you, sir. Commissioner Carollo: If I miss anything once we take it up, I might give you my name to put me as sponsor ifI missed anything. Mr. Hannon: Yes, sir. Commissioner Carollo: DI.6 and DI7, they're discussion items that I've placed in the agenda based upon a meeting that we had with the Manager and some pleasant folks that we met with yesterday. And I'm told that they want to be real helpful to us. I'm going to defer these. Mr. Manager, we need to be ready to move forward for the February 25th meeting. So, if you can make yourself and whoever else we need available on this -- and if I may, this is really for the rest of you. I think Commissioner Watson's' well on his way with sizable tracts of lands that he has in his district. So, I don't think we necessarily might have to do much buying there. But if I may ask the other members of the Commission to look to see what lands we have in your districts that are city -owner ready. I think the one that we might have the largest problem might be with Commissioner Reyes. It might be limited, so we might have to buy some properties there. Commissioner. Yeah? Commissioner Reyes: I do have four lots that I want to follow in the idea of home ownership. Commissioner Carollo: Okay. Good. Commissioner Reyes: It is in a residential area. Commissioner Carollo: Right. Coniniissioner Reyes: And we are working into -- trying to build all homes. Commissioner Carollo: Okay. Commissioner Reyes: All houses, and I mean, we're going to need some funds -- Commissioner Carollo: Okay. City of Miami Page 8 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Reyes: -- and zone changes in -- 1 mean, some code changes. Whatever -- we going to do. I'm ready. Commissioner Carollo: Sure. That is fine. And each of you could try to do things the hest way that you want to. Where the plan that we're bringing forward works better, is in actual multi -unit housing, but we'll work up numbers and try to make it work everywhere we can. Commissioner Diaz de la Portilla, I don't know how much land you might have available. I suspect you do, but you know your district better than I do. So, if, you know, you could send through the manager whatever, you know, parcels you might have. Keep in mind that what I'm going to propose is in areas where we built to own by the city, that we provide a special zoning that will only apply to us, so that we don't get speculators then trying to buy up and, you know, we bring all the prices up. So, if you could let the Manager know, when you have and we could try to work, you know, numbers out of how many units we could do in different parcels that you might have because you -- along with Commissioner Watson and myself -- I have the three districts that have the most need for this. Commissioner Diaz de la Portilla: I have a question for you, Commissioner, because I had -- after you brought this up last Commission meeting, I had a conversation with CBRE (Coldwell Banker Richard Ellis) and they identified, I think it was a 130 - - correct me if I'm wrong, Manager, 1 think it's 131 city -owned properties that we have available to us or something like that. Are you talking about a city -owned property? Commissioner Carollo: Yeah. We're talking about city -owned properties. Obviously, if you've got some other governmental agencies that have properties that want to give them for this purpose where we don't have to pay for the land is equally as good. Commissioner Diaz de la Portilla: Maybe we get the City Manager because they are under contract with us, right? CBRE? If they could give us a list of the city-wide, city -owned properties that makes it easier for me to identify the ones that -- Mr. Noriega: No, we'll provide that. We have that. Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: All city -owned properties -- vacant lots, or -- Commissioner Carollo: I suspect you're going to have -- the majority of those properties are small, single-family lots. Commissioner Diaz de la Portilla: Yeah. We have -- Commissioner Carollo: Then just realize that, you know, we're looking to build a lot quickly. That's not to ignore those lots. You know, we want to fill them in also because the worst thing you could do to a neighborhood is just have empty lots that people throw trash in, and so on. Coniniissioner Diaz de la Portilla: Right. Commissioner Carollo: But we're trying to, in this (UNINTELLIGIBLE) program, trying to, you know, have multi family buildings. So, whatever you have if you don't have, this is what we're looking at the pot that was 40 million. There's 35 million left to, you know, take from to buy properties that we might need. Commissioner Diaz de la Portilla: Yes. It's a great segue -- I'm sorry, I'm sorry. I'm City of Miami Page 9 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 sorry. It's a great segue and perhaps --1'm sorry, Mr. Vice Chair. Vice Chair Russell: You are recognized. Commissioner Diaz de la Portilla: No -- I think it's Commissioner Reyes first because that's a segue to a different item I want to talk to about. Vice Chair Russell: Commissioner Reyes. Commissioner Reyes: I do agree with it. There's some properties in my district and in your district that it should be acquired. But that list that you're asking, Commissioner, I think it exists. Commissioner Carollo: Yes. Commissioner Reyes: That list exists, and it is -- you going to see how much land is in your district. Vice Chair Russell: So, I just want to -- Commissioner Diaz de la Portilla: Let me tell you what it says that when they were having a conversation before 1 got here, wanted to place the MRC (Miami Riverside Center) building, there were ten different properties that they discussed and for some reason, which 1 wasn't here so 1 don't know the reason. For some reason they ended up where they ended up right? But there were ten different properties, an as a result of that conversation, when 1 first got here, I spoke, 1 met with CBRE our real estate consultant and -- which we pay them a lot of money to tell us where the lands are, you know. I believe in outsourcing; when you outsource certain things because sometimes -- no offense to you, Mr. City Manager but sometimes when we outsource things, you get faster answers than the government gives. But we have so many properties, and Commissioner Carollo's correct. Some are little lots. There's one on 20th Street that's maybe -- you can't even fit a house, but it's an empty lot. It's a vacant lot and people throw trash and peo -- it's just sitting there. It's just gravel. You know, we can turn that into parking lot. We can turn into many thing, whatever we have to want to do to make some money. You have your little laptop there, and your little -- Vice Chair Russell: I'd like to show you a map. So, this is an exercise the University of Miami did. It's called the LAND (Land Access for Neighborhood Development) tool, L-A-N-D. And if you go to land.ccs.miami.edu, you can find a map -- so it's visual and you can see it -- to find assemblages of city, county, state, even institutional church lands are all recognized on here, and it's a very visual way -- Commissioner Diaz de la Portilla: It is -- Vice Chair Russell: -- addresses, I recommend it. Commissioner Diaz de la Portilla: It is -- Commissioner Carollo: What's the website? Vice Chair Russell: You can Google UM LAND tool, but if it's -- the actual address is land dot ccs. Commissioner Diaz de la Portilla: CCS. Vice Chair Russell: Dot mami dot edu. City of Miami Page 10 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Carollo: EDU. Commissioner Reyes: If I'm not -- correct me if I'm wrong, Mr. City Manager, 1 think that I don't know if that is Mr. Mensah or DREAM (Department of Real Estate and Asset Management) or somebody had that list that was -- compiled a list of properties that they are vacant properties within the City of Miami for each district. Commissioner Diaz de la Portilla: And the segue Vice Chair -- Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: -- is to PZ.1. So, you spoke, Commissioner Carollo, about speculators. So, PZ.1 is an item without going to details because we're going to break for lunch, but I think there'll be some serious debate about it. It's a rezone -- an upzoning, really, of a whole bunch of folios, a wholesale rezoning that could very well lead to speculators getting land to get it upzoned and then sell it for a higher pike and no real development at what you -- what that thing that you have and you hold dear and near to your heart, the CRA (Community Redevelopment Agency), the Omni CRA, that there is a wholesale rezoning will take place in that area. That -- it does include inclusionary zoning, but only to the tune of 14 percent. It does bring at Commissioner Reyes' ordinance at his request to 100 AMI (Area Median Income), but the other 86 percent could be way up there. And you upzone it, so, you're building a lot more units, you're building -- so it's a big, big windfall for developers, in my opinion. So, I would like that item to fully recant, so that we can have more conversation with some of these owners and see that they do something that's more smaller in nature, instead of some grandiose -- my opinion, I think it's -- for that part of Miami, it may be too much. So, I would like to request that you defer that. I know it's important to you, but it's also important to me. And to our city, to everybody here on this Commission. Vice Chair Russell: So, if I could -- the T6-24b has been added to the code. It simply had not been applied to the map. So, we've had vigorous discussion when the item came originally and actually created that transect and 14 percent rental and ten percent ownership for workforce housing. Commissioner Carollo: Can we bring this up in the afternoon? Commissioner Diaz de la Portilla: Can we defer it or are we having debate -- Vice Chair Russell: That's -- Commissioner Carollo: What I'm saying we can discuss whether we wanted to defer on that in the afternoon. We'll leave it in the agenda for now. Commissioner Diaz de la Portilla: Fair enough. Commissioner Carollo: Because this is going to take more time -- Commissioner Diaz de la Portilla: Yes. Commissioner Carollo: -- and I have somebody waiting that's from the Counsellor Corps -- Vice Chair Russell: Agreed. Agreed. Commissioner Carollo: -- in the office. Vice Chair Russell: It's worthy of a discussion -- City of Miami Page 11 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Diaz de la Portilla: I have my stomach waiting. 1 didn't have breakfast. Vice Chair Russell: Don't get hangry. Commissioner Carollo: The only thing that I want to discuss for 30 seconds here, so that we can be clear, and the manager can be clear, the City Attorney can be clear. And the two wires that I have was a discussion regarding land acquisition for affordable housing ownership that we should discuss. I want all of you to if you have land that is owned by government, that is where you want to do this in bring us the land. If you don't have land or you don't have enough, then look at what lots we could possibly do it in, so that at the next meeting, Mr. Manager, the next meeting, we can decide there. In giving instructions to the Administration to immediately go and try to purchase lands that we need and if not, the stick, we're going to go with a carrot in purchasing. But if not, will use the stick and do eminent domain, quick take. The biggest need that our community has, outside of COVID now, is housing. Many of us -- I know I certainly did when I ran -- made the pledge that we were going to bring housing in home ownership. And the Mayor put forth his strong mayor proposal. He promised that when Commissioner Diaz de la Portilla ran. He promised that. So -- Commissioner Reyes promised when he ran. So, we have a commitment to our community of real needs, you know? We could we be talking about so many wonderful things we could do for Miami. But the one area that is needed by everyone across all our community is housing, housing that they could afford, that they could live in a dignified way at a reasonable amount of dollars that they had to pay a month and housing that they can own. The American dream, owning your own home. So, we are going to make it possible again to many that thought that they could never achieve it anymore. So, please, you know, come ready. Because we're going to go at this a lot quicker than anything that our Administration is used to. I don't want to be sitting in this that for another two, three, four years and we're still going to be talking about it while people are suffering. Last but not least, I'm going to bring to you -- landed position for parks. Two are going to be what I consider regional parks for our city. One, it's right in the borderline between D1 (District 1) and D3 (District 3), close by to D4 (District 4). Well, I think that when you were running, you got a picture from me about it. So -- and it's going to be important to not just all of our communities, but in particular one segment of our community that has been left out. So, I want to bring everything clear to this Commission with the approximate cost that we're going to have and where we're going to bring the money from. So, you can have it all to approve, so that we can get this going immediately and the Administration will move forward. If we don't have the people in-house that know what to do, want to do the work, then we'll find them from outside of the City government. But I don't want to have things delayed that are in much need to our community any longer. Commissioner Diaz de la Portilla: Will you include free Wi-Fi in those new parks, too? Where I -- Commissioner Carollo: Commissioner, I have no problem with -- (MULTIPLE PARTIES SPEAKING IN UNISON) Coniniissioner Carollo: -- doing that. I have no problem in doing that. I just want to make sure that the process that we follow the -- Commissioner Diaz de la Portilla: Of course. Always. Commissioner Carollo: We know what it is, and particularly, so it could be combined with everything we're presenting here. But that's not one that, you know, I City of Miami Page 12 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 will draw the line in the sand on because at the end it is good. Commissioner Diaz de la Portilla: Thank you. Vice Chair Russell: Got it. Are there any items -- pocket items -- Commissioners would like to add to the agenda for today? Does anyone have any pocket items? I have one. The American Rescue Plan has 350 billion for local municipalities and states and travel organizations of relief money for COVID. And it's successfully, it seems so far, going through the House and the Senate. And I would just like to put our voice in as a municipality urging that we get on board with that. Commissioner Watson: Who is the American Rescue Plan? Vice Chair Russell: What's that? Commissioner Watson: Who is the American Rescue Plan? Commissioner Reyes: Biden. Vice Chair Russell: So, it's CARES (Coronavirus Aid, Relief, and Economic Security) 4.0. This is the new version of the CARES Act for the next -- Commissioner Watson: Oh. Vice Chair Russell: Which the previous ones did not have the local money that now they do -- at this point, anyway. Commissioner Watson: Trump. Commissioner Diaz de la Portilla: So, every once in a while, we do get it -- Vice Chair Russell: Democrats get it right. Commissioner Diaz de la Portilla: -- right. Commissioner Watson: We do get it right. That's true. That's true. Vice Chair Russell: I just want to make sure we get ours so -- Commissioner Diaz de la Portilla: You have to love municipal government. Commissioner Reyes: I would co-sponsor that. Vice Chair Russell: Thank you. Commissioner Diaz de la Portilla: Me too. Vice Chair Russell: And we'll hand the pocket out after lunch -- Commissioner Diaz de la Portilla: Good. Vice Chair Russell: -- but Mr. Manager, I would like to add to it that it'd be added to our legislative priorities. And that -- Commissioner Carollo: That's fine. Vice Chair Russell: -- whoever our federal lobbyist is, that if we don't have one in the pool, maybe you can look within the pool and see who has federal specialty. City of Miami Page 13 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Mr. Noriega: Yeah. So, you're going to add this item as a pocket iteni, correct? Vice Chair Russell: Yes. Mr. Noriega: So, at that point, I'm going to give the update on the legislative items. Vice Chair Russell: Got it. And then we have the -- Mr. Noriega: Okay, I'll give the update at that point. Vice Chair Russell: Yes. It doesn't say it in the pocket, but 1 would like the pocket -- the initiative added to our legislative priorities. Mr. Noriega: That's fine. I had planned on using of the -- the item that we deferred -- I think it was RE.5 -- as sort of a segue, but I'll use your item -- Vice Chair Russell: Okay. Mr. Noriega: -- as a segue. Vice Chair Russell: Thank you very much. Commissioner Watson: Mr. Chairman. Vice Chair Russell: Yes. Commissioner Watson: Vice Chairman, I want to have a pocket item discussion relative to this development agreement -- development agreements and how we go about them. Vice Chair Russell: I'll call that PI.2-- Conmaissioner Watson: Thank you. Vice Chair Russell: -- development agreement discussion item -- Commissioner Carollo: Okay. Vice Chair Russell: -- well, Commissioner for District 5. Commissioner Carollo: To the Clerk, you didn't make notice that DI6 and DI.7 that are my items, we're deferring them to the next meeting. Mr. Hannon: February 25th, yes, sir. Commissioner Carollo: Right. Vice Chair Russell: Yes. [Later...] Vice Chair Russell: Any other -- I just -- we need to vote on this. So, any other pocket items? Commissioner Reyes: No, we don't need to vote, this is -- Vice Chair Russell: No, we need the order -- we need to vote on the order of the day. City of Miami Page 14 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Reyes: Move it. Vice Chair Russell: The order of the day has been moved, seconded by Commissioner Watson. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Thank you. We're going to break until 3: 00 p.m. We have the Army Corps on at 3:00, and then we will take up the rest of the business of the day. Thank you. PUBLIC COMMENTS FOR ALL ITEM(S) 8619 DISCUSSION ITEM Office of the City Clerk PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE FEBRUARY 11, 2021 CITY COMMISSION MEETING. RESULT: PRESENTED Vice Chair Russell: So, what I'd like to do at this time is go ahead and play the recorded public comment or anyone who has called in to allow to be heard. And just a reminder, we have speakers throughout the building, so no matter where any Commissioner is at this moment, they have the ability to hear the public comment. Do we have any -- do we have calls? It's not ringing yet. There it is. Good morning. Thanks for waiting. You're on with the City of Miami Commission. You have two minutes. Thomas Kimen: Hello, my name is Thomas Kimen, President of the Durham Park Neighborhood Association. I live at 2001 Northwest 14th Street. I am speaking on SR.4. Dear City of Miami Commissioners, on February 10, 2021, the Durham Park Neighborhood Association adopted (UNINTELLIGIBLE) Miami due to the following: DMP recognizes (UNINTELLIGIBLE) sea level rise (UNINTELLIGIBLE) how we brought up this issue and laid the groundwork for this issue of amended regulation to address the needs of resiliency. The DMPA recognizes that there are simultaneous Federal, State, and City efforts underway looking at options for the best methods to combat our changing climate. The DMPA acknowledges the enormity of the task and the immense expense potentially needed to implement these improvements in the desire to measure twice, cut once. In the case of Durham Park waterfront homeowners, the cost to address resiliency requirements in most cases will exceed the prices paid by homeowners for their property. Therefore, the DMPA would recommend that the City Commissioners defer implementation of SR.4 for a period of six months to provide City of Miami community stakeholders further time to understand what is -- what this proposal means from an engineering consideration and financial burden in relation to their specific problem. Additionally, it would be important to understand how these amendments might be affected by other pending improvements considered we have other state, federal agencies. As community stakeholders, for the interest of all Miami residents in getting resiliency done right, we respectfully appreciate your consideration for the deferment. Sincerely, Tom Kimen, President, DMPA. Vice Chair Russell: Thank you very much. We have another call? Good morning. You're on with City Commission. You have two minutes, please. City of Miami Page 15 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Brett Biheau: (INAUDIBLE) City Commission. Brett Biheau, Managing Director, Miami River Commission with offices located at 1407 North (INAUDIBLE). I'm happy to provide the Miami River Commission's advisory recommendations regarding the following four agenda items: CA.2, support for the state-owned, submerged -land lease, provide two boat slips at the Hyatt Regency, for a recreational vessel water taxi service; RE.5, during a publicly noticed meeting on February 1st, 2021, the Miami River Commission adopted a unanimous resolution urging the Florida Legislature to adopt HB-387 to amend that the Property Assessed Clean Energy program, otherwise known as the PACE program, to assist property owners with financing for flood mitigation and resiliency improvements including seawalls; DI.3, during a publicly noticed meeting on February 1st, 2021, the Miami River Commission adopted a unanimous resolution joining U.S. Senator Marco Rubio in the Miami -- Downtown Development Authority supporting Miami -Dade County's request submitted to the U.S. Army Corps of Engineers for a time extension to successfully complete the Corps' Miami -Dade Back Bay Storm Risk Management feasibility study. Miami -Dade County's requested time extension is needed to reach consensus amongst -- stakeholders and finish this critical study with widespread support to ensure that Congress will authorize and fund its implementation in order to provide much -needed protections for our county. The vulnerable Miami River District depends on significant federal funding to address future storm surges as the sea level, unfortunately and can -- concerningly continues rising. The final agenda item is SR.4, where the River Commission on March 2, 2020, respectfully recommended approval with the following three remaining conditions which are yet to be sufficiently resolved: Number 1, work on addressing the required financing; Number 2, consider any differences which may be needed for boat dockage; and finally, Number 3, in response to a code violation, amend the compliance deadline to 5 to 6 years to provide time needed to secure funding. Your continued strong support for the Miami River District is appreciated. Vice Chair Russell: Thank you very much. There are no more calls. Now, I'd like to open up for public comment anyone who's here to speak on the agenda items before us. So please line up at separate lecterns. We'll clean the lectern between each use. You don't have to touch anything if you don't need to. You have two minutes. All you have to do is say your name, which item you're speaking on, and the floor is yours. Rachel Cardello: Sure. My name is Rachel Cardello, I live at 2175 Tigertail Avenue, and I'm speaking on behalf of FR.2 8564. First, I'd just like to read quickly from my friend, Elena Carpenter. She had to leave but asked me to say a few words on her behalf. She resides at 1660 South Bayshore Court, Coconut Grove. Thank you, Mayor Suarez for a resolution that will clarify the intent of our Code. Thank you, Commissioners, for giving voice to your constituents when affected by development and preservation. Short and sweet, but to the point. So. I'd like to add to that. I want to also extend appreciation on behalf of the village council as well as many other community groups to the mayor for introducing language that amends very important chapters to not just the City of Miami, but especially Coconut Grove. This revision gives an equal voice to those who work tirelessly to protect important natural and historic assets with very limited tools. This revision starts to acknowledge that our environment, our trees, our historic buildings are shared assets that contribute to the larger community and its character. This revision simply gives the opportunity for the City review boards and the Commission to hear additional information on items that are before them. There's no harm in information. We all know information is power and it's only going to make better decisions for everyone to have the information available. So thank you very much, Mayor, and please support the proposed language for revisions to chapter 17 and 23. Thank you. Vice Chair Russell: Thank you for your comments. Good morning. City of Miami Page 16 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Rose Pujol: Good morning. Rose Pujol, 2455 South Bayshore Drive. Thank you very much for handing this out, City Clerk. I'd like to say that 1 am so happy. We are so happy. The city is so happy to see you back, to have the city hold city hall meetings. It is a tremendous opportunity, I think, for the City of Miami to celebrate today. I understand you've been doing it for about five sessions now. Very quickly, I'd like to speak on behalf of the Mayor's ordinance, FR.2. I'm speaking on behalf of our organization, Bayshore and Grove and the following organizations and all their members. We urge the adoption of this important ordinance, which will augment Chapters 23 and 17 of the City of Miami Code. I must mention the organizations that we are collaborating with in partnership: Dade Heritage Trust, Coconut Grove Village Council, Coconut Grove Park Homeowners Association, Village of Center Grove, Coconut Grove Civic Club, Coconut -- Grove Towers Condo Association, Grove Watch Group, Women's Club of Coconut Grove, Silver Bluff Homeowners Association, the villagers. And I must say that not here, Marlene Urban and Maria Fried have been instrumental in working with us. That we had been going out on a daily basis between 10:00 and 11:30 and knocking on doors. This ordinance assures fairness to all citizens, not just developers, transparency for actions taken by the Commission, affording due process to all citizens, not just developers, curtailing the waste of tens of thousands of dollars the State spends defending suits by citizens and neighbors who are especially affected get precluded from speaking. And very dear to my heart -- and I think to many people sitting here today -- responsible development and sustainable climate adaptation strategy. This ordinance makes a pact with your constituents, that whenever any one of them has any special or unique or legally recognizable interest in a proposed development matter, their voice will be heard. Thank you very much for your time. Vice Chair Russell: Thank you. Is there anyone else here who'd like to speak on any item on the agenda? Do you have another call? We'll bring it back in. Not yet. Manny Prieguez: Thank you, Mr. Chairman. Commissioners, Manny Prieguez, 4000 Malaga Avenue, Miami, Florida 33133. As most of you know, my family and I have lived and worked on the Miami River for many, many, many years. I'm here to speak on SR.4. I believe that SR.4 is very, very well intentioned and has good intentions, but I have to impress upon you the negative potential impacts that it has on the property owners, particularly along the Miami River. Accessibility will become a very, very, very, very bad issue for property owners on the Miami River that are above the Miami River. I would ask you and I would plead for you to please defer this item so that the manager -- so that we could -- we at the Miami River, property owners can try to show and explain to the manager what kind of detrimental impacts the passage of this ordinance would have. Give us one more two -month period as a deferral, and if we're not successful, then were not successful. But I cannot impress upon you enough the kind of impact that this could potentially have on property owners all along the Miami River and so I ask for a deferral, particularly so we can proffer ideas to the manager - - good compromises that we think will still accomplish what this ordinance wishes to accomplish. I thank you very much for your time, Commissioners. Vice Chair Russell: Thank you for your comments. Next public speaker; please. Good morning, sir. Eugene Stearns: Good morning, Mr. Russell and members of the Commission. My name is Gene Stearns, 150 West Flagler. I must say at the outset I enjoyed the presentation this morning. My great-grandfather brought his family to Miami in 1898, and my grandfather was the first planning director for the City of Miami. He started the department in 1927 and served in that capacity until 1954. He retired when I was ten years old. And respect enormously the history of this community. In order to appear here today, I had to register as a lobbyist. And I originally registered Jronine people in one .filing, and I was told no, I had to file separately for each of the nine. And the significance of that, it was not lost on me because of the subject I'm. speaking City of Miami Page 17 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 on today, which is the agenda item which is item CA.3 [sic], the resolution to propose a settlement of the issue involving West Flagler and a casino, or gambling facility, in downtown Miami. Vice Chair Russell: Mr. Stearns, that's RE.4. Mr. Stearns: RE.4. Forgive me. Vice Chair Russell: Sorry to correct. Mr. Stearns: And the significance of registering as a lobbyist, this -- is that how this West Flagler issue arose. In 2012, a logger acting as a lobbyist who did not disclose the casino interest she represented, sought and obtained from the Miami Zoning Administrator a secret, unlawful interpretation of the zoning code that would permit casino gambling if it was correctly written in at least one-third of this City's Zoning District. The letter was issued in private without public input or public disclosure -- no -- Commissioner Carollo: I need to interrupt you here. Who was the zoning director then and what year? Mr. Stearns: The zoning director was -- Unidentified Speaker: Barnaby Min. Commissioner Carollo: Barnaby -- Mr. Stearns: Barnaby Min. Commissioner Carollo: Okay. What year was that? Mr. Stearns: It was 197 -- no, 2012. Commissioner Carollo: Okay. Thank you. I'm sorry. You'll get the extra time. Mr. Stearns: No. No. It's fine, Commissioner Carollo. It was a private letter. No discussion with the Commission, no discussion with the Mayor. It was done in secret. No dispute about that, incidentally. That letter was then shown to the State of Florida and presented as a legitimate position of the City of Miami. And rights were given by the State of Florida on that assumption. When it became known that that letter existed, this Commission changed the code to require a four fifths vote to approve any changes of zoning that would allow gambling. That was then followed by a lawsuit by the folks who had obtained that letter through that process and that lawsuit was pending in the Federal court. And a proposal was made while that lawsuit was being defended. And by the way, in the context of that lawsuit, the city's defense never raised the issue of the manner in which that letter was obtained. West Flagler sued and then negotiated a settlement agreement with the City of Miami and the City Attorney recommended a settlement agreement to be achieved. And it was approved by the majority of the Commission, vetoed by the Mayor, and my client, Mr. Braman's entities, and eight other individuals filed a lawsuit to intervene after that settlement was issued in the federal court. And we sued also in the State court. And Judge Hanzman has, of course, now ruled that the Mayor's veto was laiful and should have been respected. Now we're back and on the agenda today is a proposal to reinvigorate a settlement agreement in a case that doesn't even currently exist. And the code -- the statute, for example, is a proposal for a shade meeting this afternoon, which it is our view that the shade meeting is unlawful because in order to have a shade meeting, there must be pending litigation to which the City is a party. The City is not a party anymore to that lawsuit that has been dismissed. There is no pending City of Miami Page 18 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 lawsuit to settle. And the case law that is interpreted to 86.011 Florida Statutes has said it must be strictly construed and strictly followed. So if there's a discussion of settlement of a case that is not currently pending, it has been dismissed, then it is inappropriate to have a meeting outside of the sunshine. So accordingly, we certainly do object to any discussion in a private meeting with anyone regarding a settlement of a case that currently doesn't exist. Now, it's important to understand the essence of the claim that was brought asserts vested rights obtained by a lobbyist who didn't register to lobby obtaining rights that no one knew about that had been concealed. That's the claim. And so, as a practical matter where we find ourselves is, a State court judge, a respected judge has found that the letter has no legal effect whatsoever and gave no rights and that the only rights obtained were virtue of a settlement agreement that the Mayor vetoed. So, we would respectfully urge you, a not to have a shade meeting. It is our belief it would be unlawful, and certainly to agree to anything that involves casino gambling of any way, shape, or form in the City of Miami downtown should be a public hearing, public meeting, public discussion, voter participation. There are few issues as important as we -- you read the New York Times what, last week? Miami is one of the greatest cities in the world right now in terms of people coming here. Why in the world would we despoil what is so great with casino gambling that belongs in places that can attract people? Miami has no difficulty bringing business, commerce, our cultural diversity, our rich, exciting environment doesn't need gambling. Gambling is what goes to places when you don't have the advantages we have. Vice Chair Russell: Thank you. Mr. Stearns, I'm surprised. I had thought you were coming here today to oppose the settlement, but not the shade. And so, it is interesting to me the argument you raise about not being able to have a shade meeting. I'd like to ask my City Attorney who I know really hates giving actual opinions on the dais with regard to issues -- Ms. Mendez: He's in -- Vice Chair Russell: -- that are in -- Ms. Mendez: -- he's incorrect. We can have a shade meeting. Vice Chair Russell: Okay. Can you -- so that's my question to you. Can you explain why -- Ms. Mendez: There are pending -- right. There's pending litigation. We can definitely have a shade meeting. Unfortunately, he is incorrect. Vice Chair Russell: The pending litigation is in appeal? Ms. Mendez: We have the Cuesta matter that's pending. We also have -- I can read you the cases that are pending, but yes, we -- Vice Chair Russell: And are we a party to those? Ms. Mendez: Yes. So, we could definitely have a shade meeting. Mr. Stearns: Well, respectfully, the case law says otherwise. The matter -- the only matter -- Ms. Mendez: So, we have the Cuesta -- Vice Chair Russell: Just a moment. Ms. Mendez: -- the Cuesta matter, we have the West Flagler matter, and we also have the federal matter in West Flagler so -- City of Miami Page 19 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Vice Chair Russell: And they were active in play? Commissioner Watson: What case law if I may ask? What case law says otherwise? Mr. Stearns: Well, there's -- actually there's many, many cases. If you look at -- Commissioner Watson: Well, give me a few. Mr. Stearns: Well, there's the cite for example, if you look at, let's see -- City of Dunnellon v. Aran, which is 5th DCA, 662 So. 2d 1026. Zorc v. the City of Vero Beach -- Commissioner Watson: No. No. No. No. Don't give me names of cases. Tell me that particular case and what it says. Mr. Stearns: What the cases say is -- the literal reading of the statute says as follows, and they enforce the literal reading. You may meet in private to discuss 'pending litigation" which the entity is presently a party. Now, so it's clear, there are two cases that involve this issue. One is pending, which isn't the one I believe that was noticed for a shade meeting. The pending case is the one that I am involved in, which deals with the Mayor's veto. That is pending. You can talk about that in a shade meeting. The other case is not pending. The West Flagler case has been dismissed. And in order to bring it back, the plaints would have to reinvigorate it, which raises issues that we have a pending motion to intervene if it is ever raised again. Commissioner Diaz de la Portilla: Mr. Chair? Vice Chair Russell: You're recognized. Ms. Mendez: He actually filed the case. Commissioner Diaz de la Portilla: If -- hold on. Hold on. Hold on. Vicky, hold on. Vice Chair Russell: Madame Attorney, just a moment. Commissioner Diaz de la Portilla: Hold on. So, we can have a shade meeting to deal with the issue of the Mayor's veto? Mr. Stearns: You can. Yes. Yes, you can. Commissioner Diaz de la Portilla: Okay. But not to deal, in your opinion -- hold on. I'll get to you -- in your opinion or you cite case law, but I didn't hear what the case you cited, Dunnellon -- City of Dunnellon. I didn't hear your explanation for it correct or maybe I didn't understand it. We could have the meeting for the shade meeting for the veto. Why can we not have a shade meeting for the settlement agreement that's already -- that the city is negotiating or trying to settle with West Flagler -- Mr. Stearns: Commi -- Commissioner Diaz de la Portilla: -- Associates? Mr. Stearns: -- Commissioner, that case has been dismissed. It is not a pending case and therefore you -- Commissioner Diaz de la Portilla: Is there an appeal to that case? Mr. Stearns: Sorry? City of Miami Page 20 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Diaz de la Portilla: Is there an appeal to that case? Mr. Stearns: No. No. That case has been dismissed. Commissioner Diaz de la Portilla: It's gone? Mr. Stearns: West Flagler has been dismissed. The case involving Cuesta is a pending case because the appeal period has not yet run, and the summary judgment has been issued. It's not final. So, you can discuss the mayor veto case. You can discuss the mayor veto case in shade and whether or not you want to appeal that, obviously. But as far as West Flagler, there is no pending case that you can be discussing in secret. And I make the point, the -- is that there are opinions and there are opinions, but this is a dangerous one to take because if you're invited to a secret meeting to discuss a case involving any -- Commissioner Diaz de la Portilla: It's not a secret meeting. Vice Chair Russell: Let's clarify it, please. Commissioner Diaz de la Portilla: It is not a secret meeting, sir. Mr. Stearns: A shade meeting. Vice Chair Russell: It's a shade meeting with -- Commissioner Diaz de la Portilla: It is a legal process that most cities use throughout the country that have sunshine laws. In fact, it is a shade meeting. That's why it's called a shade meeting, not secret. And now -- and it's made public after the fact, sir. Vice Chair Russell: Thank you. Commissioner Diaz de la Portilla: It's made public after the fact so please don't do that because it creates a wrong perception as to what we do here in government. Mr. Stearns: Yes. Commissioner Diaz de la Portilla: That is not correct. It is not a secret meeting. Mr. Stearns: One of the problems with the mask is that I can hear your -- every other word that you may be saving. Commissioner Diaz de la Portilla: Well, then let me say it a little bit louder. It is not a secret meeting. It is a shade meeting -- Mr. Stearns: I misspoke. Commissioner Diaz de la Portilla: -- that's allowed by law that is made public after the fact, the transcripts. There's nothing secret about it. You create a perception if you say secret, then we're doing something here that's unlawful or behind the scenes, or backroom deals and I don't like that implication. Mr. Stearns: Commissioner, I hear you, but -- Commissioner Diaz de la Portilla: Do you understand me? Do you hear me? Mr. Stearns: Yes, sir. City of Miami Page 21 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Diaz de la Portilla: Thank you. Mr. Stearns: But if1 may, the law allows shade meetings -- Commissioner Diaz de la Portilla: That's true. Mr. Stearns: -- and you're right, I shouldn't call it a secret meeting. The law allows shade meetings, but it is outside the sunshine and the restrictions on what a shade meeting is are clear. It has to be for pending litigation in which this is -- Commissioner Diaz de la Portilla: That wasn't why I asked you the question. Now, I would like to hear from West Flagler. Any representative of West Flagler -- Mr. Stearns: Commi -- Commissioner Diaz de la Portilla: Hold on. Hold on. Okay. -- attorneys down here? Vice Chair Russell: No. No. Please, you can just -- Commissioner Diaz de la Portilla: Okay. Edward Martos: Well, Commissioner, I'm not here on behalf of West Flagler. I just wanted to offer the case law that you were asking for because I have it handy. Commissioner Diaz de la Portilla: Okay. But I also would like to hear is in fact, any pending litigation or future litigation that's in place for this matter because I need to know both sides of the story, right? Mr. Martos: Understood. Understood. I'm only standing here to offer you the case law. Commissioner Diaz de la Portilla: Give me the case law. Mr. Martos: Okay. So, the case law includes the City of Dunnellon versus. Aran -- Commissioner Diaz de la Portilla: One moment. Okay. Mr. Martos: -- where in that ease, the -- it sort of sets out the general rule that the -- you have to have strict compliance with the actual wording of the statute. And the wording of the statute says, Pending litigation that you're presently involved in, right? So, the City is definitely a party to both cases that are mentioned in a notice. The West Flagler case has been dismissed. The Federal case, it's been dismissed. That's not to - Commissioner Diaz de la Portilla: Right. Ms. Mendez: It is not dismissed. That's a point. Commissioner Diaz de la Portilla: Hold on a second. Hold on a second -- Ms. Mendez: -- he filed a pending motion to intervene -- Commissioner Diaz de la Portilla: -- hold on. Just -- Ms. Mendez: -- how can the case be dismissed if there's a pending motion? Commissioner Diaz de la Portilla: -- hold on. Vicky -- City of Miami Page 22 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Vice Chair Russell: Madam City Attorney, just one moment. Commissioner Diaz de la Portilla: This is more -- Vice Chair Russell: -- absolutely. We want to hear your side. Commissioner Diaz de la Portilla: -- I've got a table -- a dinner, you know, table conversation. Let's just take it step-by-step. I -- and I (UNINTELLIGIBLE) I may want to go back -- I'm going to go back to you to ask you to put your opinion. Give him a chance to give his argument. Mr. Martos: There is an actual court order dismissing that case. Why? Because there was a settlement, right? So, the federal courts are very quick to throw off cases from their dockets. So as soon as he gets a settlement, the judge says, okay, dismissed. You guys can come back if you have a fight over the settlement, but it's dismissed. It's over. So, the West Flagler case, which is what this settlement that you're going to be discussing about is no longer pending. It's no longer active. It's dismissed. There is another case, the Cuesta v. City of Miami case at the court -- at the circuit court level, and that case is pending. But based on -- Commissioner Diaz de la Portilla: So, I -- Mr. Chair -- I mean, because I -- it's -- Vice Chair Russell.: I just have one question. Exactly what you just said -- Commissioner Diaz de la Portilla: It's my line of questioning. Just let me -- just give me a few minutes -- Vice Chair Russell: You're recognized. Commissioner Diaz de la Portilla: -- I will be fast -- Vice Chair Russell: You're recognized. Commissioner Diaz de la Portilla: -- or as fast as I can be. As quick as I can be. So, there is a pending case -- Mr. Martos: Yes. Commissioner Diaz de la Portilla: -- that we can discuss at a shade meeting that involves the same issue -- Mr. Martos: You -- but you can discuss -- and the statute is specific here. What you can discuss is settlement and attorney's fees, you know, costs. How much the City wants to spend on -- Ms. Mendez: Litigation strategy. Commissioner Diaz de la Portilla: Attorney fees? Attorney's fees -- Mr. Martos: Yes. Correct. Commissioner Diaz de la Portilla: -- and Vicky, please. So, we can do -- we can have a shade meeting to discuss the pending litigation according to -- Mr. Martos: The Cuesta case -- Commissioner Diaz de la Portilla: -- according to City of Dunnellon case that he cited, which is basically in essence the same case, right? City of Miami Page 23 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Mr. Martos: I'm sorry? Commissioner Diaz de la Portilla: It's in essence the same situation, the same case. It gives us broad parameters to have conversations about this case, right? In a shade meeting. Mr. Martos: No. No. Commissioner Diaz de la Portilla: Okay. Tell me why not. Mr. Martos: So, the settlement that has been -- that this Commission has seen in the past has to do with the federal case. It has nothing -- it doesn't touch on the Cuesta case. The Cuesta case is about the mayor's power to veto. Commissioner Diaz de la Portilla: Now, we already established that that we can have this conversation. Mr. Martos: Okay. But those aren't different topics. One -- Commissioner Diaz de la Portilla: Okay. Mr. Martos: -- is about a settlement about -- over gambling and legislation that you all passed. The other one is about whether the mayor can veto something. Commissioner Diaz de la Portilla: Through you, Chair. So, we could have a shade meeting to -- if we decide to override the mayor's vetoes, as an example, we can have a shade meeting about that? Mr. Martos: About the settlement and about the expenses. Commissioner Diaz de la Portilla: Okay. All right. I got it. Can we hear from Ms. Mendez? Vice Chair Russell: Yes. But before, I'd like to ask a question as well. If the federal case is not active, which the City Attorney is about to opine that it is, why are we considering a settlement item on that case? Mr. Martos: You can always consider a settlement to threaten litigation, for example. You just can't do it in the shade. So, you can have this conversation all day in the open, in the sunshine on a settlement. Someone could come over and threaten to sue all of you and you can decide right there and then to settle it -- Vice Chair Russell. • Even if it's not active -- Mr. Martos: -- and -- but as long as it's in the sunshine. Vice Chair Russell: Understood and I agree with every point that you said, except for whether or not at this point there's an active federal case because that seems to be the crux of the issue. Mr. Martos: Understood. Vice Chair Russell: If there is an active federal case, we certainly can meet in the shade, discuss strategy and come to an agreement on which we can take action about the actual settlement item. For me, the settlement item itself should not have been on our agenda until we had had a shade and discussed our own internal legal strategy because a shade -- a settlement on an agenda implies a momentum to start with. We City of Miami Page 24 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 may want to take it a complete different direction. A settlement on the agenda creates public notice, public comment for a legal strategy we may not want to take, right, in such a public way. So, in my mind, we should be in shade, but maybe we shouldn't have a settlement on the agenda yet until we in shade decide that that's the direction we want to go. So... Mr. Martos: So... Vice Chair Russell: -- let's start with the City Attorney in explaining why we have an active federal case at this point on which we are allowed to have a shade meeting. And thank you for your patience. Yes. Ms. Mendez: Thanks to Mr. Stearns, we have an active federal case. He has a pending motion to intervene. It is still an active case. Mr. Stearns: Okay. Ms. Mende: With regard to the Cuesta matter, only one issue -- one discrete issue was resolved by the court. We still have that pending case. So, there are two pending cases, a possibility of an appeal. All these things are in play. That is why we can have a shade meeting. For you to decide whether you enter into a settlement or not, Chairman, I just want to remind you our past practice. And if you want to change that, that is fine, but our past practice has been when you have a shade meeting and there is a possibility for a settlement, the settlement is placed on the agenda, so you know what you're talking about in the shade meeting. So that's what we've done. If you want to change that process, we can. I don't care how we do it. You are the bosses here. You decide what you want to do, you decide what you want to settle, you decide the strategy. Mr. Stearns should not tell you that you cannot have a shade meeting. Vice Chair Russell: Thank you for that motion. Commissioner Reyes: Mr. Chair? Vice Chair Russell: Yes. You're recognized, Mr. Reyes. Commissioner Reyes: Mr. Chair, I have heard. I think we heard enough if we should have a shade meeting or not. I mean, we are -- like she said -- we are the boss, but she is the expert. And that's why we have an attorn -- City Attorney. Vice Chair Russell: Yes. Commissioner Reyes: And for -- the way that I understand it, I don't know anything about law and I know a little bit about numbers, but I don't know anything about law. But if there was a decision by a judge of -- in a -- in regards to an action that this Commission took and if there is a possibility that the Commiss -- I mean, that we can recommend an appeal on that decision, I think that we should have it -- that that's enough of our future latest -- I mean, future actions. You see? In my opinion, in my book, okay? And I will like to discuss this openly in a shade meeting with my colleagues what action are we were going to take? And if the City Attorney says that we -- it is right and there is grounds to have or there is reasons to have a shade meeting, let's have a shade meeting, you see? And that's -- that is my take. Vice Chair Russell: Thank you. I would recommend that we follow the City Attorney's advice in -- with regard to the shade meeting. With regard to whether or not settlements should be placed on an agenda before we have the shade meeting, I would like to establish a practice and it's up to this body as a whole that if prior to having a shade meeting, a specific Commissioner would like to see a settlement put on an agenda, it goes on an agenda. City of Miami Page 25 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Reyes: Yes. Vice Chair Russell: But lacking any specific Commissioner asking for that if the City Attorneys believes that we have a decision before us that needs -- necessitates a shade meeting, we have that shade meeting first and then we decide what goes on the agenda or not. Commissioner Reyes: If you want to, Mr. Chair, you want to codify that, you bring it up and I'll -- I will support you. Vice Chair Russell: I think it's sufficient direction to the administration. I don't think - - item. Commissioner Reyes: Okay. And that is fine. Vice Chair Russell: But that's the practice I'd like to recommend from here forward. I do recognize, Madam City Attorney, it has been done in other ways in the past, so I understand. Is there anything else left to discuss on this item before we move to further public comment? Mr. Stearns, you raised your hand. Mr. Stearns: There -- just make one observation which is there was a motion to intervene, but it was denied and therefore -- and the case was closed. Case is a closed case. And so, I went back to this point. On the West Flagler litigation, first the plaintiff has to reinvigorate the case and say, okay, the settlement agreement is gone. We have to start over again. Then it becomes a pending case and get the Federal judge to reopen it. And until it's reopened, there's no pending case. And so, the -- just the bottom line is, the case that I litigated that is decided the mayor's veto, you can discuss that in a shade meeting obviously but -- and we don't -- we can tell you what we think the law is. The City Attorney is going to tell you what she thinks the law is, but at the end of the day on an issue as important as this, gambling in downtown Miami under the circumstances of this, I would only urge caution on choosing to have a shade meeting about settling a case that has been dismissed. I think that would be a mistake. That case would have to first be revived, all the parties back in front of you including the intervenor incidentally. So, all the facts are in front of the Court, then you should be able to discuss settlement. So, that's our -- I think that's our legal position. I think Mr. Braman wanted to make a comment, if he may. It would be -- Vice Chair Russell: Thank you, Mr. Stearns. Mr. Stearns.. Thank you very much. Vice Chair Russell: Come on, Mr. Braman. Can we please clean the lecterns between Commissioner Diaz de la Portilla: (Speaking foreign language.) Vice Chair Russell: Just a moment, Norman -- Mr. Braman, I'm sorry. Keeping it safe. Commissioner Diaz de la Portilla: I like your tie. Purple. Vice Chair Russell: Thank you. Norman Braman: Good morning, Commissioners. I thank you for providing this opportunity to speak to you. I speak to you in opposition to a new settlement agreement between the City and West Flagler. It's abnost 46 years to this date that I entered into an agreement to purchase an automobile dealership at 20th and Biscayne Boulevard. A dealership had 40 employees. 46 years later we are still at 20th and City of Miami Page 26 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Biscayne Boulevard with 450 employees now. We've been through good times, and 1 also recall the very difficult times. I remember when our manufacturers asked us to move out of the City of Miami because of the crime that was going on in the 80s and 90s, and we said no. We're going to stay in the City of Miami. And we've seen the changes that have taken place over the years. And as you all know, I've been an active member of this community, not only from the standpoint of my businesses but other areas as well. I fought for many issues that were not necessarily only important for me but what I thought of with the future of this community. I fought against raising taxes on the community back in 2008 during part of the worst recessions that we ever had. Fought and took on a Miami -Dade County mayor and we recalled this mayor. 1 also recall the times when 1 took the very unpopular stand with so many people in the community when 1 came out in favor of Elian Gonzalez remaining in our community and not being sent back to Cuba. By the way, that action involved the cancellation of many automobiles at my dealership because there was so much opposition to my position. Twenty years ago, I participated in bringing a great art fair to Miami, Art Basel to our community. And look at the effect of that -- of bringing Art Basel here. Look at the Design District today, Wvnwood, Edgewater and now Allapattah and Overtown. I built a museum, a contemporary museum in the City of Miami without asking for I cent of taxpayers' money. Didn't come to this Commission, did not go to the Miami -Dade Commission but we built it with my funds completely. And, my friends, we're facing another critical moment now. This community has come such a long way, even with this pandemic that's raging. We have the opportunity now of bringing the financial community to Miami and bringing a high-tech industry here. Two areas that we have not had. What does this mean for our community? It means giving young people -- training our schools to meet this challenge. Giving our grandchildren, our children, the opportunity of earning quality wages. That's what high-tech in the financial industry does. You've seen what's going on. From the standpoint of the New York Times. Articles, front-page business articles. Not only in the New York Times, but also in the Wall Street Journal. Also, in the financial times of London, Berlin newspapers, Hong Kong newspapers, newspapers in San Francisco. This is a potential, the new potential of our community, which all of you here today have basically in your hands. Gambling is not compatible with any of this. There's not one city in the United States or Europe that's a financial center, that has casino gambling or high-tech that has any casino gambling at all? Yes. We're only talking about a hot summer jai alai and we're talking about a card room. But this is an opening. This is opening that door. Genting, who acquired of the Miami Herald property, they acquired the Omni property, why? They haven't sold it. It hasn't even been developed. And it hasn't been because they're waiting for the opportunity to establish full-time casino gambling. And, Commissioners, this is what you're facing here. You're facing and making decisions concerning the future of our community and the opportunities that are being presented to us and high-tech in the financial sectors. You have the opportunity to instruct your City Attorney to work with our lawyers. I'm not asking you to hire outside counsel to fight this, I'm bearing the personal cost of this myself all right? And I am not here in an adversarial role as far as the city is concerned. I love the city. It's done so much for me. I love the cultural diversity that the city has. I'm privileged to have Hispanic partners, an African -American partner, working in my dealerships and running my dealerships. And I hope that all of you today will take this under consideration and reject another agreement. I thank you very much for giving me the opportunity to talk to you today. God bless you. Vice Chair Russell: Thank you, Mr. Braman. So, we will deal with the actual item as we get to the order of the day next and we will decide whether or not to take the shade meeting and the item. So that will be after the public comment. Commissioner Carollo: Can I -- Vice Chair Russell: Yes, Commissioner. Of course, please. City of Miami Page 27 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Carollo: -- speak to Mr. Braman for a minute? Mr. Braman: Okay. Thank you, gentlemen. Vice Chair Russell: Just a moment, Mr. Braman. Mr. Braman? Commissioner Carollo: Norman, don't go yet in case you might want to answer me on a couple of matters. One, I fully agree with you on gambling, as -- and what you stated on gambling. As sexy and as exciting as gambling sounds, and I respect the people that are in the business, it's not for Miami. I know a gentleman that's probably a little older than you are, Norm, still alive. And he was supposed to be the guy that was going to be the eyes and the ears and the -- was being mentored to run the casinos in Havana by some -- certain individuals that run them. And the one thing that he left implanted in my hard drive that still hasn't been kicked out even though I've kicked many memories in my life, unpleasant and pleasant in some cases, was what a guy named Mario Mansky (phonetic) told him that gambling is for suckers. And I believe that. It kills me when I see so many of our elderly that are living off of Social Security with very minimal amount of income to live off from. And they're out there in many of the different gambling places that we have in South Florida, spending what little they have and, you know, you could win sometimes but, in the end, you can't beat the bank. You're going to lose it. And that's the part that stayed inside in my mind. The elderly, that giving what little they have to business establishments in the field gambling. And this is why I agree with your premise of being against gambling. The issue here though is quite different. Do they have a right or not? And we'll get to that in a minute, but I want to ask you the following, Norman. What they're asking for it's not even a little pimple in the back of what a giant like Genting is just waiting there with their mouth open, trying to see how they could get and truly build an empire of gambling in Miami. In fact, I would very much believe that they would like to make Miami their flagship city in the world if they could and take it out -- away from Singapore and previously was in Malaysia and the former Lord Mayor of Malaysia and yes, he does have the title Lord Mayor. This -- the English always left very colorful titles, even when they weren't in charge anymore. The former Lord Mayor of Malaysia, where at one in my life I had business in, he and I became very good friends. We were introduced by another very prominent official in that part of the world. And he brought me up to the Highlands where Genting the -- was and their main gambling establishment back at that time in Malaysia and I got to meet the father of the main CEO (Chief Executive Officer) of Genting and I still believe that, that gambling, I don't care where you put it is bad. In fact, you look at Singapore where Genting's got there flagship now. Singapore put such strict laws on their citizens that it is extremely difficult if you're a citizen of Singapore to be able to go and gamble at the Genting facility because they know what it will do. So, it's basically for foreigners that are coming in and leaving their money in Singapore. But my question directly, Norman, is on Genting. How -- or if it's not Genting, someone at the Fontainebleau, even a little closer of -- to the center of gravity. How can -- we be in a position and what, in your mind, this city should do or not do to stop that kind of gambling that would really open up, you know, the floodgates in our community, and we're talking about two different things now and two different issues, but I wanted to get your opinion on the biggest one -- that's the biggest concern out there into the future. Mr. Braman: You know, Commissioner, back in -- when this issue first came up with Genting after the purchase of the Miami Herald property, it wasn't just Genting at that time. Sheldon Adelson, who I have known for many, many years, came here as well. Steve Wynn, the owner of the Wynn Resorts in Las Vegas, came here as well, but the Genting people came to see me after making -- they had made an arrangement with the performing art center to purchase all unsold tickets to their events so that they could receive the support -- City of Miami Page 28 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Carollo: I remember that. Mr. Braman: -- of that. Commissioner Carollo: Yes. Mr. Braman: Fortunately, Armando Codina came into it and was able to nullify that arrangement. When they came to me, they offered to purchase 1,000 cars a year from our dealerships ifI would drop my opposition to it. Commissioner Carollo: Well, that I didn't know about. Mr. Braman: 1 told them to get the hell out of my office immediately, that I'm not going to be bought for 1,000 cars. We had a -- the Miami Dade College sponsored a debate that I participated in with four individuals, three who were representatives of the Sands of Las Vegas, Genting, and another one I don't recall. I was the only individual on that particular panel that wasn't paid by somebody to be there. It was interesting. The FBI (Federal Bureau of Investigation) compiled statistics years ago, on all the communities in the United States that had any form of gambling, including riverboat, stationary casinos, and everything. The statistics of those communities after the introduction of gambling, crime skyrocketed, domestic issues between families skyrocketed. Gambling today has proliferated throughout the United States. The nonsense of gambling bringing tourism to here doesn't apply anymore. It just doesn't exist. People can gamble anywhere. I challenged the three representatives of the casino people to name me one community in the United States that was better off after gambling was introduced and before gambling was introduced. They came up with Allentown, Pennsylvania. That was the only one, and, by the way, gambling had just been introduced to that community, so there was no record of the statistics. Just basically, this is a cancer that we don't need here. There is -- it's just so wrong for this. Look, I am now on the 89th year of my life. I don't really need another fight on my hands, but my children are here, my grandchildren are here. I've just seen the potential that's coining to this community. The people of Art Basel, by the way, have told me that that fair will be removed from this community if gambling comes here. They've told me that before. That's really what my interest is in this matter. Vice Chair Russell: Thank you. Mr. Braman: I apologise. I have to run off. I've just been informed that my daughter's husband is in the hospital. Vice Chair Russell: Yeah, -- Sorry to hear that, Norman. Mr. Braman: He was just rushed to the hospital. Vice Chair Russell: Thank you for corning down and seeing us. Mr. Braman: I've got to leave. Commissioner Carollo: I'm sorry to hear that. Vice Chair Russell: We have someone on the phone who has been on the phone for probably two hours waiting to speak with us briefly about a separate item. I'd like to bring up that caller, please. We're still in public comment for the day. I'm waiting for it to ring. Should I press the button? Because it's not ringing. They're gone, okay. I apologize for those who are waiting. I know it's been a long morning of public comment. I know many of you have been waiting, so is there anyone else here who would like to speak on any of the items remaining on our agenda today? None? Okay. Hearing none, we'll close public comment. Thank you very much. City of Miami Page 29 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 MV - MAYORAL VETO(ES) NO MAYORAL VETOES There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. Vice Chair Russell: I'd like to move to the order of the day, Mr. Manager. Arthur Noriega (City Manager): I guess it's still technically morning. Vice Chair Russell: You know what, we've lost two Commissioners though, and the order of the day may be key for them as well. Mr. Noriega: All right. We'll -- Vice Chair Russell: So, we may take a break here in a moment. Todd, are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Vice Chair Russell: All right. Let's take five minutes. Thank you for your patience. As soon as we have a full quorum, we'll go back to the order of the day. END OF MAYORAL VETO(ES) City of Miami Page 30 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla CA.1 RESOLUTION 8421 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING TWO (2) RIGHT-OF-WAY DEEDS OF DEDICATION, AS MORE PARTICULARLY 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-21-0061 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.1, please see "End of Consent Agenda." City of Miami Page 31 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 CA.2 RESOLUTION 8486 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SOVEREIGN SUBMERGED LANDS LEASE ("LEASE") AS A CONDITION PRECEDENT TO OPERATING A TWO -SLIP PUBLIC DOCKING FACILITY TO BE USED EXCLUSIVELY FOR THE MOORING OF RECREATIONAL VESSELS AND A WATER TAXI SERVICE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA'S BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND ("STATE") FOR THE USE OF STATE-OWNED SUBMERGED LANDS LOCATED ADJACENT TO CITY -OWNED UPLAND PROPERTY AT THE MIAMI CONVENTION CENTER, LOCATED APPROXIMATELY AT 400 SOUTHEAST 2ND AVENUE, MIAMI, FLORIDA FOR A TERM ENDING AUGUST 11, 2025; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE FUTURE LEASE RENEWALS, EXTENSIONS, AMENDMENTS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, PROVIDED THAT ANY SUCH FUTURE LEASE RENEWALS, EXTENSIONS, AMENDMENTS, AND MODIFICATIONS DO NOT CONTAIN MATERIAL AMENDMENTS OR MODIFICATIONS TO THE TERMS AND CONDITIONS OF THE LEASE. ENACTMENT NUMBER: R-21-0062 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see "Public Comments for all Item(s)" and "End of Consent Agenda." CA.3 RESOLUTION 8551 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND THE DIRECTOR OF FINANCE TO PAY PIA ALLIKIVI, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF SIXTY FIVE THOUSAND DOLLARS ($65,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST, THE CITY OF MIAMI AND ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, "CITY") IN THE CASE STYLED PIA ALLIKIVI VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 19-15518 CA 21, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE AND PENDING IN STATE COURT, AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545013.0000.00000. ENACTMENT NUMBER: R-21-0063 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.3, please see "End of Consent Agenda." City of Miami Page 32 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 END OF CONSENT AGENDA Vice Chair Russell: I'd like to take up the CA, the PH, and the remainder of the RE agenda. So that's CA.1, 2, and 3. Commissioner Carollo: The CAs. Vice Chair Russell: Yeah. Commissioner Carollo: What else? Vice Chair Russell: PH 1 and 2. Commissioner Carollo: PH1 and 2. Vice Chair Russell: I'd like to be noted as a co-sponsor on PH.2, please, Mr. Clerk. And then are -- Commissioner Reyes: So am I I think that we already did. Vice Chair Russell: Okay. I didn't -- I don't remember hearing myself on that. Commissioner Reyes: That's okay. Vice Chair Russell: And RE.1. So, we'll get rid of the CA agenda, the public hearing agenda -- Commissioner Carollo: That's right. Vice Chair Russell: -- and the resolution. Commissioner Carollo: You do have me as sponsor on PH.1, Mr. Clerk? Todd B. Hannon (City Clerk): Yes, sir. Commissioner Reyes: You have me also? Mr. Hannon: Yes, sir. For PH 1 earlier this morning, Commissioner Carollo, Commissioner Reyes, Commissioner Watson, Commissioner Diaz de la Portilla -- Commissioner Carollo: RE.2 and PH.2 also, correct? Mr. Hannon: Yes, correct. That's right. Commissioner Carollo: Thank you. Mr. Hannon: Okay. Thanks for understanding. Commissioner Russell would like to be a co-sponsor for PH.2. Vice Chair Russell: Yes. Thank you. Commissioner Carollo: Okay. And what were the other items? Vice Chair Russell: And RE.1 is the last one I'd like. for this -- Commissioner Carollo: Let me just get in here. RE.1. Yes. Okay, this is for how long on RE.1 ? City of Miami Page 33 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Vice Chair Russell: Mr. Manager? RE.1 is to establish special revenue for the Miami homeless assistance program? Commissioner Carollo: 12 months. Okay. With option to renew for two additional 12 months period, right? That's fine. William Porro (Assistant Director, Department of Human Services): Good afternoon, Commissioner. Vice Chair Russell: I think we're good. Commissioner Carollo: That's fine. We're good. Vice Chair Russell: Is there a motion for the CA, PH and RE agenda? Commissioner Reyes: I move. Thank you. Vice Chair Russell: Thank you. So, it's CA 1, 2, 3, PH I and 2, and REl. Is there any further discussion on the dais? Hearing none, all in favor say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Thank- you. Commissioner Watson: 12 months? City of Miami Page 34 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 PH - PUBLIC HEARINGS PH.1 RESOLUTION 8412 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A SPECIAL GRANT ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE TOTAL AMOUNT OF $4,771,821.00 ("FUNDS"); AUTHORIZING THE ALLOCATION OF THE FUNDS AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO SUPPORT ECONOMIC AND COMMUNITY DEVELOPMENT ACTIVITIES IN RESPONSE TO THE NOVEL CORONAVIRUS PANDEMIC; 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, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF THE FUNDS. ENACTMENT NUMBER: R-21-0064 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PH.1, please see "Order of the Day" and "End of Consent Agenda." PH.2 RESOLUTION 8549 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF EMERGENCY RENTAL ASSISTANCE FUNDS IN AN AMOUNT OF $14,130,464.60 FROM THE UNITED STATES DEPARTMENT OF THE TREASURY; FURTHER AUTHORIZING THE ALLOCATION OF SUCH FUNDS AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; APPROVING THE ESTABLISHMENT OF AN EMERGENCY RENTAL ASSISTANCE PROGRAM AS SPECIFIED IN EXHIBIT "B," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. ENACTMENT NUMBER: R-21-0065 City of Miami Page 35 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PH.2, please see "Order of the Day" and "End of Consent Agenda." PH.3 RESOLUTION 8308 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT TITLED "GROVE UNDERLINE", 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; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; 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. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PH.3, please see "Order of the Day." END OF PUBLIC HEARINGS City of Miami Page 36 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 RE - RESOLUTIONS RE.1 RESOLUTION 8245 Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A SPECIAL REVENUE PROJECT TITLED "2020- 21 MIAMI HOMELESS ASSISTANCE PROGRAM-CE CONSOLIDATION PROGRAM" AND ACCEPTING AND APPROPRIATING FUNDS IN AN AMOUNT NOT TO EXCEED SIX HUNDRED SEVENTY TWO THOUSAND SEVEN HUNDRED SIXTY NINE DOLLARS ($672,769.00) CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST ("TRUST") FOR A TWELVE-MONTH PERIOD TO PROVIDE OUTREACH, INFORMATION, REFERRAL, ASSESSMENT, AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS AND FAMILIES IN MIAMI-DADE COUNTY; ALLOCATING THE CITY OF MIAMI ("CITY") REQUIRED PASS - THROUGH MATCHING FUNDS IN THE AMOUNT OF THREE HUNDRED TWENTY THREE TWO HUNDRED NINETY SEVEN DOLLARS ($323,297.00) FROM THE "2020-2021 MEMORANDUM OF AGREEMENT GRANT" FROM VARIOUS ACCOUNT NUMBERS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND ANY AND ALL OTHER RELATED DOCUMENTS, EXTENSIONS, AND RENEWALS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD FORA TWELVE (12) MONTH PERIOD WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWELVE (12) MONTH PERIODS, SUBJECT TO THE CITY'S RECEIPT OF THE PASS -THROUGH FUNDS, THE TRUST'S FUTURE ALLOCATIONS, AND THE CITY'S APPROPRIATION OF FUNDS. ENACTMENT NUMBER: R-21-0066 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number RE.1, please see "End of Consent Agenda." City of Miami Page 37 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 RE.2 RESOLUTION 8548 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PLACEMENT OF A PLAZA DESIGNATION PURSUANT TO SECTION 54-136(2) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AT THE INTERSECTION OF SOUTHWEST 23RD AVENUE AND SOUTHWEST 8TH STREET, MIAMI, FLORIDA TO COMMEMORATE ARTURO DIAZ ARTILES, SUBJECT TO ALL APPLICABLE PERMITTING REQUIREMENTS. ENACTMENT NUMBER: R-21-0059 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For additional minutes referencing Item Number RE.2, please see "Order of the Day." Vice Chair Russell: All right. So, let's try to get as much of the standard business of the day before we get to the pocket items, the new business so... Commissioner Carollo: We had agreed that (INAUDIBLE) -- Commissioner Reyes: Yes. Commissioner Carollo: (INAUDIBLE) pocket items. Vice Chair Russell: Oh, pocket items or just out -of -order items? Commissioner Carollo: Before we broke, we said that right after the Coast Guard -- Vice Chair Russell: Army Corps. Commissioner Carollo: Army Corps, I'm sorry. Yeah. They're all Navy boys. Then I can bring up the two pocket items that I had mentioned. But if you've got something that's really both -- Vice Chair Russell: Not at all. What -- Pocket items or the resolution. Commissioner Carollo: I'm sorry, the resolutions. I -- why do I call them pocket items? I guess I'm mixed up with all these, you know -- Vice Chair Russell: It's RE.2 and RE.3? Commissioner Reyes: Yes. Vice Chair Russell: You have the floor Commissioner. Commissioner Carollo: What's actually -- Commissioner Reyes: You're going to do it one by one, Commissioner? Commissioner Carollo: Yes, I am. Let me just go right in here because -- back in the day this was simple. Now there's r's, there's c's, there's d 's. There's 1234. You know, City of Miami Page 38 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 you went up -- what's thatl was saying? Commissioner Diaz de la Portilla: Orlando Eugenio Martinez. Commissioner Carollo: The -- there we go. All right. Vice Chair Russell: That's already three. Commissioner Carollo: All right. Commissioner Diaz de la Portilla: Arturo Diaz Artiles. Commissioner Carollo: We're going to go with a resolution of the Miami City Commissioner authorizing the placement of a plaza designation pursuant to Section 54-136(2) of the Code in the City of Miami, Florida as amended, at the intersection of Southwest 23rd Avenue, Southwest 8th Street, Miami, Florida to commemorate Arturo Diaz Artiles, subject to all applicable permitting requirements. Commissioner Reyes: I move it. Commissioner Diaz de la Portilla: Second. Commissioner Carollo: The motion. There's a second. All in favor, signify by saying aye. The Commission (Collectively): Aye. Commissioner Carollo: It's unanimous. Todd B. Hannon (City Clerk): And Commissioner Carollo, just for the record, Commissioner Watson would also like to co-sponsor this item. Commissioner Carollo: Thank you. City of Miami Page 39 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 RE.3 RESOLUTION 8567 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION COMMEMORATING THE LIFE OF EUGENIO ROLANDO MARTI N EZ. ENACTMENT NUMBER: R-21-0067 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For additional minutes referencing Item Number RE.3, please see "Order of the Day." Commissioner Carollo: Okay RE.3, is the resolution of the Miami City Commission commemorating the life of Rolando Eugenio Martinez. Resolution of the Miami City Commission authorizing -- excuse me. A resolution of Miami City Commission commemorating the life of Eugenio Rolando Martinez. Whereas Eugenio Rolando Martinez Careaga was born in Artemisa, Cuba in July of 1922, to Cosme and Clara Martinez. So, whereas Martinez, known by his friends as "Musculito "for his muscular physique, lived at home with his parents while he studied medicine at the University of Havana, completing four years before his father became ill, forcing Martinez to leave medical school and take over the family business. And whereas Martinez was inspiring to public service by his uncle and godfather Manual Perez Galan, a successful entrepreneur, an industry leader in the pineapple business in Cuba and not really served a state senator for over 30 years. And whereas Martinez followed his patriotic inspiration and joined an underground resistance to President Batista when Batista seized control of the Cuban government and ended the democratic process; and whereas, Martinez commitment to a free and democratic Cuba was exemplified when Batista fell and Fidel Castro seized control of Cuba as Martinez and many of his fellow fighters in the anti -Batista movement continued to demand the reinstitution of democracy and immediately began an anti -communist movement against the Castro regime. And whereas Martinez and his family were persecuted and deprived of any and all property and forced to flee Cuba for the United States, and whereas upon his arrival in the United States, Martinez joined the Central Intelligence Agency, CIA, where he served the United States of America during the height of the Cold War while continuing his lifelong struggle to bring freedom to Cuba. And whereas Martinez played a key role in the Bay of Pigs Invasion. And whereas Martinez undertook over 350 clandestine missions into Cuba to support pro -democracy ,fighters and extract endangered persecuted people out of the island to freedom, saving numerous lives. And whereas Martinez willingly undertook his service at great personal expense, unable to help his own parents, as noted in an interview published by the Vanity Fair Magazine, 1974: "My mother and father were not allowed to leave Cuba. It would have been easy for me to get them out. That was my specialty. But my bosses in the Company -- the CIA -- said I might get caught and tortured, and if I talked I might jeopardize other operations. So, my mother and father died in Cuba. That is how orders go. I follow orders. " And whereas Martinez was one of the key players in the 1972 Watergate scandal that led to President Nixon's resignation as he was part of the infiltration team recruited under the premise that they would uncover proof compromising the Castro regime of influencing the United States elections. And whereas, in recognition for Martinez's dedication to fighting for freedom and his service to the United States during the Cold War, Martinez received a pardon from President Ronald Reagan in 1983 absolving him of responsibility for the Watergate scandal. And whereas in recognition of Martinez's lifetime dedication to fighting for City of Miami Page 40 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 the freedom of his homeland and his services to the United States, at great personal risk, Martinez was granted the title of Leyenda del Exilio by the American Teve Network, who dedicated the one -hour autobiographical docu-drama on his life. And whereas Martinez died on January 30, 2021 at his daughter's home in Minneola, Florida at the age of 96 -- 98, I'm sorry, and he is survived by a loving and devoted family. And whereas Martinez lived a life dedicated to the cause of freedom, and the fight for democracy, he will be remembered for his legacy of saving an untold number of lives and he's rightly being honored by the City of Miami for his contribution to the city and the Cuban exile community. Now, therefore be it resolved by the Commission of the City of Miami, Florida, section 1, the recitals and findings contained in the preamble to the resolution are adopted by reference and incorporated as is fully set forth by this section. Section 2 of the Miami City Commission hereby commemorates the life of Eugenio Rolando Martinez. Section 3 of the resolution shall become effective immediately upon its adoption. Commissioner Reyes: I move it. Commissioner Carollo: Second. Vice Chair Russell: It's been moved by Mr. Reyes. Seconded by Commissioner Carollo. Commissioner Reyes: And 1 want to add something to this life of this patriot because he can be called a patriot and everybody knew, 1 mean, during those days, it was when they infiltration teams, they used to go to Cuba. And your father Commissioner Deaz De la Portilla was part of that too. Commissioner Diaz de la Portilla: Yes, sir. Commissioner Reyes: And Musculito was -- as he was called -- he was the pilot of a ship that was the one that brought him in and took them out and extracted them. They when they did what they had to do on the island and come back. And sometimes they were attacked, sometimes they were bringing guns and so on and so on. And he never left anybody behind. There were times that -- the time of that they have set to be picked up in the coast went by and everybody by radio, the mother ship was calling him to get out of there, get out of there. And he said no, not until I get my people out. And he risk his life hundreds of times. And that's -- this is a very well -deserved recognition. Is it -- that was it. Commissioner Diaz de la Portilla: Commissioner, Commissioner Carollo, I want to thank you on behalf of my dad. So my dad also was a CIA -- member of the CIA for 15 years. He actually did a lot of missions with Musculito. On January 30th, the day that he died -- also my brother -- my older brother's birthday -- and we were all together at Miguel's house. And that's when he found out that night. And I haven't seen my dad so sad in many, many years. He was a great friend and he said, I can't tell you what he said because it was a bad word, but he was angry that he had died and he hadn't been recognized, and he just the title of patriot, as you said Commissioner Reyes is very well deserved. A true freedom fighter and a big loss for my family and for all Cubans in exile that have 'Ought against communism. He dedicated his life to this. To his dying day he was talking about that, even in his weakened state. And I thank you, Commissioner Carollo, personally, on behalf of my family for doing this for him. I very much appreciate it. Thank you, sir. Vice Chair Russell: Thank you. Thank you. Very much. Commissioner Carollo: Well. It's something that no one should have to thank me for. It's something that I feel that needed to be done that I had to do. I've known him since I was a child. My dad and him were friends. My father died. He was there along with City of Miami Page 41 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 many others in that type of work at the time and, you know, lint grateful and thankful that we had him for so many years. He was a true legend a walking legend -- Commissioner Reyes: He was. Commissioner Carollo: And I am, he will be greatly missed and so -- Commissioner Diaz de la Portilla: An unsung hero, and we have so many of them. Commissioner Carollo: Yes, yes. Commissioner Diaz de la Portilla: And they died, and they died. Commissioner Reyes: And the sad part about it, Commissioner, is that all those patriots, they are dying without seeing Cuba free. Commissioner Diaz de la Portilla: Yes. It's true. Commissioner Reyes: That is sad. It is sad. Commissioner Carollo: You know, I was recently at the Bay of Pigs Memorial, on 8th Street and 13th Avenue. And 1 was there because comes this April is the 60th anniversary of the Bay of Pigs invasion. And it was one of those days that I guess the tourism was good. And there were several tour guides with small groups, five, six tourists, but it's good to see them back. The first one that came by was telling the tourist real quick a totally different history of what these men did at the Bay of Pigs. He called them invaders. The tourists, you know, were too young and had no idea where this happened. Calling them invaders and they were trying to liberate their homeland. They were part of Cuba. They weren't invaders. And a second group, a little later came. And I thank the young lady, she wasn't Cuban. I think she was Colombian for being much more accurate in what she stated. Many people sometimes don't understand the hurt that the Cuban community has had. They don't understand it because they haven't lost loved ones in jails in the firing squads, or in the straits of Florida, having drowned trying to reach freedom. They have never had loved ones be tortured. Commissioner Reyes: That's right. Commissioner Carollo: In a jail. They have never have had loved ones being hungry because the government simply would not feed them. And for those that would say, well, you Cubans, you know, why didn't you go fight for freedom? I dare anyone one to show me the history of the world in early 60. That at that time there was maybe, maybe 50,000 Cubans that had fled to Miami. And out of that amount of people there were close to 3,000, that were recruited, to go and fight for freedom in their homeland. And very few of them had been professional soldiers. Most were students, young professionals of all ends, black, white, everything in-between. And unbeknownst to many, because what is known is the failure of Bay of Pigs, not because of their fighting. The first country they liberated was not Cuba, they actually saved the country of Guatemala in Central America from being taken over by a communist coup d'etat. They started their training in Guatemala and there a communist inspired movement was at the verge of overthrowing the government. And since they were there, they were called upon by our government to help the legitimate government of Guatemala and they were the ones that saved Guatemala from being taken over by a communist group. The Bay of Pigs failed not because these weren't some of the bravest men that you've ever seen. And I would dare compare them in their bravery to the famous 300, the Greeks of fame. They'd only landed, were able to land some 1,300 or so men. Before they landed in Cuba, they had been assured that all of Castro's communist Airforce was going to be knocked out. That they would not City of Miami Page 42 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 have to worry about the communists Airforce pounding on then. And what happened was just the opposite. There were three bombing runs that was supposed to have been annihilated the Cuban communists Airforce and it ended up that they only did one and that one was cut in half leaving sufficient of Castro's planes. While they none, because the planes that they had were bombers and had to come and fly all the way from Nicaragua, and so that they could have a little more fuel to fly over them. All the tail guns, machine guns to defend themselves had been taken out those planes so they could put additional weight of tanks for gas. So, they were totally undefended in the rear and there were not fighter planes they didn't have fighter planes. So many of them got shot down. The ships that were full of anznzunition and supplies were sunk by the Cuban Airforce that was not supposed to be flying. And these brave men fought like nothing you've ever seen before in Latin America. They killed over 5,000 of the communist troops that were sent against them. And they only lost about 100. And about half or more of the 100 they lost were after they were taken prisoners and suffocated in trucks where they were being taken to jail. They only stopped fighting when they had no ammunition -- Commissioner Reyes: Absolutely. Commissioner Carollo: -- to further fight. Only when they had no ammunition to further fight. And the sad thing was that if -- there would have been more bravery on the part of those that sent them inside Cuba and cancel the 2.5 bombing raids that were supposed to happen. Not only the history of Cuba, but the history of -- Commissioner Reyes: Latin America. Commissioner Carollo: -- so many countries beyond Latin America would've been different. Because the suffering that, that small Island has caused throughout the world has been intense and even after the Bay of Pigs and this is so ironic. They saved Guatemala from communism and then they went to the Congo in Africa, and they faced off against the communists troops of Cuba of Castro, again. It was Cuban against Cuban in the Congo. And there, they'd beat the tail of a Che Guevara, where he had to take off with his tail between his but until Castro sent them off for his final outcome to Bolivia. Where it was members of the Brigade 2506 that helped the Bolivian Army find him. Commissioner Reyes: And captured it. Commissioner Carollo: So ironic that men that gave up everything, their youth, their families, to go fight for the freedom of their country, were able to liberate countries that were not their own. They saved Guatemala from going communist. They saved the Congo from the same fate. But how sadly was it that they weren't able to liberate their own country. And the pain that was suffered by thousands upon thousands because of the failure of that invasion. Ethiopia, Angola, you could go on and on and on Mozambique. In the Middle East in the war of 67th when Arab armies invaded Israel. There were Cuban communists tank brigades that fought with the Syrian's. Commissioner Reyes: Uh-huh. Commissioner Carollo: In Vietnam, when our Airforce pilots were shot down over Vietnam who were some of the worst torturers, they were interrogating our airmen? It was Cuban interrogators and torturers. They were in Hanoi doing the work. So those that think that Cubans haven't tried to fight for their freedom, you show me any other group that when they only had 50,000 people out of the country, they put 3,000 up ready to do whatever it needed to be done. But the rest you can't do when you see time and time again in country after country. If a dictatorship is in control of a country, they have all the weapons, all the arms, unless you receive help from an outside source, that gives you the weapons, the ammunition to fight, you can't do it on their -- City of Miami Page 43 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 your own. And here in Miami, we see the latest wave of refugees from Venezuela that are having to leave their country. So far over 5 million Venezuelans have had to flee. Because of communism that is being run by Cubans. Commissioner Reyes: Uh-huh. Commissioner Carollo: They are the ones that are running behind the scenes every branch of the military, particularly intelligent service in Venezuela. In the late '70s, '79 to the early '80s to mid-'80s. The same thing happened in Nicaragua with the Sandinistas. Unfortunately, if the Bay of Pigs would've been different, we would've stopped the world, not just our own hemisphere, from so much suffering. But it is what it is. Commissioner Reyes: Thank you, Commissioner, for that dissertation, but you forgot to add that the invasion failed because the United States government failed us. The invasion failed because the plan was changed. The invasion failed because as you well stated, that second and third bombing rate was stopped by President Kennedy. The invasion failed but what -- because when the Air Force -- Cuban Air Force were knocking down those B-25s -- Commissioner Carollo: 26. Commissioner Reyes: -- 23 -- 26 without tail guns, the pilots, American pilot that were in a -- in one of those air carriers, they pleaded that let him go and fight. President Kennedy didn't allow it. That's why the invasion failed. And as you well stated, all those patriots, all those young mans that were fighting, they fought until the last bullet. And you forgot to say -- I mean, you omitted that. I don't know why, but I have to say it, sir. Thank you very much. Thank you for that dissertation. Vice Chair Russell: Thank you, Commissioner Reyes. There's been a motion. There's been a second. Victoria Mendez (City Attorney): Chairman? Vice Chair Russell: Madam City Attorney. Ms. Mendez: I just wanted to make sure that it's stated for the record that this was a substitution because our office did not draft it to the level that it was deserved to be drafted and the Commissioner -- Commissioner Carollo: That is correct, Madam City Attorney. I apologize that the -- Vice Chair Russell: Not at all. The Commissioner read it fully to the record. Ms. Mendez: I just -- I wanted to make sure that that's for the -- stated for the record. And there was one little typo that had to do with lives, so we have to also add the word lives to this -- Commissioner Carollo: Correct. I did state that though on the record but -- Ms. Mendez: Perfect. Thank you. Vice Chair Russell: Sure. Todd B. Hannon (City Clerk): Also Chair, Commissioner Watson would also like to co-sponsor this resolution. Vice Chair Russell: Thank you very much. Is there any further discussion? All in favor City of Miami Page 44 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 RE.4 8555 Office of the City Attorney of the item, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Thank you very much. Commissioner, you want to do RE.2 as well? Commissioner Carollo: Yes. RE.2 -- Mr. Hannon: Chair, I believe we've already passed RE -- Commissioner Reyes: That's right. Well, it's already passed. Vice Chair Russell: That one went quickly. 1 apologize. I missed marking it on my agenda. Thank you, Commissioner Carollo. All right. Commissioner Carollo: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT, IN A FORM ACCEPTABLE TO OUTSIDE COUNSEL, WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST, THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED WEST FLAGLER ASSOCIATES, LTD., VS. CITY OF MIAMI, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 19-21670-CIV- SCOLA, UPON THE EXECUTION OF A JOINT STIPULATION OF SETTLEMENT. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item RE.4 was deferred to the February 25, 2021, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number RE.4, please see "Public Comments for all Item(s)." Vice Chair Russell: Madam City Attorney. Victoria Mendez (City Attorney): I just -- I want to clam for the record that the docket and just because the docket says this -- Mr. Braman: Thank you. Ms. Mendez: -- does not mean that it is, you know, literal, but, unfortunately, I'm just going to work with what's on the record, and I always have to do what's safest for this Commission. So, the docket on the federal matter shows closed, even though it has City of Miami Page 45 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 pending motions. Pending motions that can be appealed, pending motions to intervene, but usually, it says closed when, you know, the clerk's office feels that all the matters have been disposed. Because it says closed, 1 am not going to risk knowing that there could be an appeal as -- or some sort of lawsuit filed by Mr. Stearns or Mr. Braman with regard to whether or not you should have met on it, which I think we would win in court, but I cannot ever put you in harm's way. So, I will not recommend a shade meeting on that issue today. You still can discuss because it's all -- unfortunately, it's all inextricably intertwined. It all has to do with what you plan to do on a settlement going forward. You can discuss whether you wish to appeal the decision by Judge Hanzman. That's the Cuesta matter and if we move forward with the Cuesta matter or not. That may still give you an idea on what you want to do with the settlement that's here before you. We can also reset this until the 25th to discuss individually and then have a better idea or even maybe talk to Mr. Braman about a global settlement. There is one thing that he really wants and maybe that will resolve everything, and everybody will be happy. So that is another option as well. Both sides would be happy. I know that I always butcher your last name, so I'm so sorry. So, I'm just going to say Izzy -- Izzy Havenick: Yep. Ms. Mendez: -- because that's easier. Mr. Havenick: Havenick. Commissioner Diaz de la Portilla: Havenick. Ms. Mendez: I'm sorry, Havenick. I always butcher it., so I didn't want to butcher it. I think that maybe one more week when passions aren't so inflamed on this issue, we can maybe reach a global settlement, and we can talk to Mr. Braman's lavgers, and I think that you'll get everything you want as well, if he gets the one that he wants. Commissioner Diaz de la Portilla: Well, -- Vice Chair Russell: Madam City Attorney, if we were to go into shade meeting, not discuss the federal case, discuss the Cuesta case, how would we still be able to weave in the settlement that's on the table before us in that discussion? Ms. Mendez: Well, you can. The problem is I think that maybe in light of the fact that the darn docket on the other ease shows closed, though the issues are still very live and active, I don't want to risk it. You would really -- Vice Chair Russell: You'd rather cancel the shade all together for today? Ms. Mendez: Yup. I just rather -- I'd rather do that to avoid, you know, the issue. I think that there are inextricably intertwined. They all have those pending motions. At the end of the day, it is still a very open case. Obviously, the gentleman that's here present, Mr. Havenick, is obviously -- he has a pending issue that should be addressed as well, and that was a purpose of this settlement before you, but just in light of the way that Mr. Stearns is interpreting a closure of a matter, even though he is the one that revived it with intervening motions, I just can't risk that for you. Vice Chair Russell: Okay. Commissioner Carollo: Okay. Chair -- Vice Chair Russell: Commissioner Diaz de la Portilla, and then Commissioner. Commissioner Diaz de la Portilla: Thank you. The way I understood what you said, City of Miami Page 46 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Madam Attorney, is that you would postpone it, not cancel it, right? To have it for -- that's all 1 understood it what she meant. She didn't mean to cancel all together. And I don't know if it's appropriate, Madam Attorney or not, because you are the lawyer; and you advise us. So, what's that one issue? What's that one issue that Mr. Braman wants? Ms. Mendez: I rather not say it in public -- Commissioner Diaz de la Portilla: Okay. Ms. Mendez: -- just because it was discussed at mediation. I can discuss it with all of you. Your outside counsel can discuss it with you. Commissioner Diaz de la Portilla: Okay. Okay. Ms. Mendez: But it's a global thing. It would not affect this settlement. It would probably make that settlement go forward, but -- Commissioner Diaz de la Portilla: So, you would discuss it with us privately, individually? Or -- Ms. Mendez: Yes. Commissioner Diaz de la Portilla: -- you would discuss it at that shade meeting? And it would -- Ms. Mendez: No. No. Individually. Commissioner Diaz de la Portilla: And then we -- okay. Ms. Mendez: We'll all discuss it. Commissioner Diaz de la Portilla: Okay. And then a -- we have a shade meeting. You want to come back, and maybe we can have some conversation between now and then. Ms. Mendez: Right. Commissioner Diaz de la Portilla: And maybe we come back to the next Commission meeting, I guess, right? Ms. Mendez: It would be the 25th, and then I would probably modiry the title of the shade meeting as well before we end today. Commissioner Diaz de la Portilla: To put it in compliance with what your concerns are, right? Ms. Mendez: With the -- with the concern that was raised that I just don't want to litigate jbr fear of -- ofjust not knowing the exact outcome. Commissioner Diaz de la Portilla: I think that's a commonsense approach. Thank you. Vice Chair Russell: Thank you. You're recognized, Commissioner Carollo. Commissioner Carollo: Madam City Attorney, if we wait to the 25th, we're not going to giving up any of our rights on timing? City of Miami Page 47 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Ms. Mendez: 1Vo. No. Commissioner Carollo: Okay. Ms. Mendez: No. No. We're not giving up any timing rights. Commissioner Carollo: Then I suggest that that's what we do. I think that if there's any possibility of reaching an agreement that everybody could live with and would avoid litigation. That's always the best way of going. If it's possible, sometimes it's not. Commissioner Reyes: Okay. Vice Chair Russell: Thank you. And -- Commissioner Reyes: Okay. Let's -- Vice Chair Russell: -- you're recognized, Commissioner Reyes. Commissioner Reyes: -- let's follow Madam City Attornev's advice and let's wait. Let's wait. Vice Chair Russell: Thank you. Commissioner Reyes: We are not giving up any time that we will be able to make together -- Vice Chair Russell: Understood. Commissioner Reyes: -- file an appeal or anything. That's fine. Vice Chair Russell: And Mr. Havenick, thank you for your patience. I will recognize you in a minute. I just want to try, to settle this issue with our City Attorney. Mr. Havenick: Well, I do think you should know, however, that the -- we are going to call the judge and react -- Vice Chair Russell: Let me recognize you. Mr. Havenick: -- that there's going to be no settlement anymore. Vice Chair Russell: I just said let me -- give me a second so we can work on this issue, and I will absolutely recognize you and give you as much time as the other side have because I do respect, and very much want to hear from you. So, and apparently, we have calls as well with regard to this item. Madam City Attorney, my, question is this, I really would like to get into shade when we possibly can to really align ourselves as a body. We may not be in complete consensus, but we need to have a unified front as a city in our legal strategy. Can you not hear me? Just a moment. Ms. Mendez: Get closer to the microphone because when you look at me, then it's not as when you look at the audience. Vice Chair Russell: I apologize. Commissioner Diaz de la Portilla: He can't read your lips in other words. Vice Chair Russell: Yeah, nobody can read my lips right now. City of Miami Page 48 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Ms. Mendez: And that too. Vice Chair Russell: Yeah. In shade, we can -- we passed an ordinance, right? Which does -- it's not a moratorium on gambling. It creates a path for where gambling is appropriate in neighborhoods where they would have -- let's say that ordinance was passed correctly. It -- and it is in our Code now. In my mind, we as a city should be defending our Code. Our initial position is to defend that code. Now there is disagreement and that's the crux of the lawsuit as to whether or not this new piece of code affects someone who believes they were in application. Before we take a side in this issue of whether or not to settle, not settle, I would like us to begin by defending our Code. And if there is a discrepancy from that, we definitely need to get into shade if there is active litigation and if there's not, we need to discuss it up here in a sunshine meeting. My question is because it sounds so counter to each other when 1 hear Mr. Stearns presenting and 1 hear our City Attorney talking, why shouldn't they be, in a sense, collaborating or at least comparing notes to see what their position is, and if it's not aligned with our position. I can see their position is no gambling at all in the City of Miami. That is not our position. But in this case, in this federal case, we may have like positions. And so, I'd like to know if you are open to working together with Mr. Stearns at least on collaborating notes to see if there is an alignment and that way when we come into shade, we'll have a bigger picture of -- and a bigger set of tools with which to work. Ms. Mendez: 1 obviously will do whatever it is that you direct me to do as a Commission. Vice Chair Russell: Thank you. I mean, that would be helpful. Oh, go ahead. Commissioner Diaz de la Portilla: I'm sorry, Mr. Chair. Vice Chair Russell: You're recognized. Commissioner Diaz de la Portilla: I don't think that's what he asked. I think what he asked was, well, are you willing to be talk -- to talk, to have a conversation before a shade meeting to see that we have some more clarity when we get to that shade meeting? In other words, it's not a question that was giving you direction, I think he already laid it very clear. The Chair -- the Vice Chair made it very clear that he wants you to have conversations to see if there's some common ground that can be found. I personally don't think there is, but let's say that at least you need to explore that right before the shade meeting? So, when you come to us, you can come to us with different options. That's -- I think that's what you were asking. Vice Chair Russell: I would like to at least see them have a discussion and we can give that direction. But at the end of the day, we're either trying to seek settlement or trying to defend our Code. And we haven't had a shade meeting for us to decide where that's going to be. Commissioner Carollo: That I want to talk, if I can, just for a few -- Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: -- minutes before Mr. Havenick about defending our code. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: I wasn't here, but there was a process and I know Commissioner Reyes talks about process often. There was a process that was followed according to existing laws. There was a letter that was issued by city officials hired by City of Miami Page 49 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 us, that said you can do this. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: It's an entertainment district. It took that as it would, they took it to the division of Pari-Mutuel Wagering in Florida, in Tallahassee. They said yes, you can do it. They followed a process that was told to them that there was -- it was a process. And then they were told -- hold on. Mr. Havenick: Twice we followed it. Commissioner Carollo: Hold on. Hold on. Am I finished? Then they were told hey, 23 days after they did everything else. Then they were told, hey, we're going to move the goal post. We're going to change the law to say it requires a four fifths vote. They weren't heading towards the end -- to the end zone and the goal post was changed on them. Mr. Havenick: Yeah. Commissioner Diaz de la Portilla: That appears to me, I wasn't here, to be unfair. And that was -- what's always concerns me about. So, it's not an issue of whether and I have great respect for Mr. Braman and what he's done for our community. It's not an issue whether you're pro -gaming or anti -gaming. For me, it's an issue of process and fairness. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: And that's my concern. At the same time, I do agree with Mr. Braman and Mr. Stearns that perhaps when I was a State Senator, I was a pro -gaming legislator. I was the chairman of the committee that oversaw gaming. That was many years ago. Miami has evolved and perhaps Miami is no longer a place that should have gambling everywhere. But I do believe that there are many cities in the world, not even the United States, I do know, that have destination casinos and have places and are spread out throughout the city -- cosmopolitan city that has different gaming places to go to for a certain not for the elderly, but for tourists and for people who enjoy that kind of activity. I believe a city like Miami has to have a little bit of everything. If you don't like something, then don't go. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: But you don't have it in every little corner so that you -- that the lottery, for example, the worst kind of gaming that we have in Florida is the lottery. That's the one that hits the lowest income people. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: Right? I mean, it's legal. So, the -- there's a balance to be found here I think, if conversations can be had and perhaps if you -- we are gathering together. We have to be fair in assessing what happened before I got here, that there was an unfairness to that process. And now we're faced with this -- with a decision of either we respect, or we reject the unfairness of that process, or we simply don't agree anymore, hey, you know what -- Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: -- we should no longer have gaming. Commissioner Reyes: Mr. Chair -- City of Miami Page 50 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Vice Chair Russell: This is -- ifI could just -- Commissioner Diaz de la Portilla: So that's the balance. Commissioner Reyes: -- respond to Mr. -- Commissioner Diaz de la Portilla: So that's the balance. Vice Chair Russell: -- Commissioner Reyes. This is the crux of the argument, and I agree with you. Process is process. And if their foot was in the door, they have a right as of right. If their foot was not in the door and the ordinance proceeded, whatever would give them that grandfathered ability, then the ordinance prevails. And I want to study and understand that -- what that ordina -- how that ordinance reads compared to the law, and what our chances are if we were to press that, and if we were to have no chance whatsoever, why would we go into a fight with someone who has a position as of right? My instinct is that I believe that the ordinance was passed in process prior to them having a grandfathered ability to move forward. There is clearly a difference of opinion on that, on a substantive basis and interpretation, so -- Commissioner Diaz de la Portilla: And the legal -- and the lawyer, you, our City Attorney, has to tell us what the odds are. If they were treated unfairly, my gut tells -- my gut, you're the lawyer, you're the Attorney, tells me that we lose because they went through a process. If there was a -- if they were, in fact, grandfathered, then we changed the rules on them after the fact. That there was a retroactive ordinance to avoid something from happening that was already -- that they'd followed every rule to make it happen. Vice Chair Russell: Yeah. Commissioner Diaz de la Portilla: And if we went in and said, you know, we no longer like the idea there's going to be a casino on Biscayne Boulevard, let's pass an ordinance to stop them from doing it, specific to them. Vice Chair Russell: Not to stop it, but to create a path. There was no moratorium created by that ordinance, but rather a path with public hearing -- Commissioner Diaz de la Portilla: That's what the attorney will tell us. Vice Chair Russell: -- and -- Commissioner Diaz de la Portilla: That's what the City Attorney will tell us. And then if she says to me -- and I hate to bring it up because it has nothing to do with you, but Flagstone -- Vice Chair Russell .• It's true. It's a valid point. Commissioner Diaz de la Portilla: -- and other issues that we -- I hate to lose in court, and I hate to create liabilities for our city. And I don't want them to come to us and say, you know, they're going to win, and it's going to cost us money again. So, we're relying on your legal opinion, Madam Attorney, to tell us, hey, this happened or didn't happen, then that's why we have to have conversations. If you don't have those conversations -- Vice Chair Russell: And this is why I would like to have a bit of a counter -voice because I believe our City Attorney is being conservative and fiduciary responsibility -- with her fiduciary responsibility to the city to keep us at lowest risk, lowest exposure, right? City of Miami Page 51 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Diaz de la Portilla: Yeah. Vice Chair Russell: But it's for us to weigh whether the Code and the intention of the Code outweighs that risk. And I would like to have the other side of that voice that really is passionate on the gambling issue, but through that, they are clearly studying the letter of the law and our code to work together with you to give us a more holistic picture of it, to see if we really did have a -- we really do have a leg to stand on if we were to move forward with this rather than settling because I do not want to put us at financial risk, but 1 also do not want us to just settle and fold on our Code that was -- that did go through a process. So, 1'd like you to have as much information and for us to have as much information as possible. So, it'll be up to this body, and I'll recognize Commissioner Reyes in a second, but I would like to direct the City Attorney to work together with Mr. Stearns and his team just to compare notes and make sure we have a full picture to snake our decision. And I respect, Madam City Attorney, your position to protect us from a financial -- I see exactly where you are on this. I -- we may or may not agree, but I want to be careful. Commissioner Reyes, you're recognized. Commissioner Reyes: Yes. You guys took so long that I forgot what I was going to say. Commissioner Diaz de la Portilla: My goodness -- Commissioner Reyes: I've never seen a body that like -- people likes to hear themselves so much. Vice Chair Russell: (UNINTELLIGIBLE). Commissioner Reyes: Okay. Maybe because my field is more the science than -- I am very short and straight to the point, you see. Commissioner Diaz de la Portilla was -- I mean, he was referring to the process, and that is precisely what drove me and my vote. You see, the pro -- I mean, a person -- I think, that when a person goes through a process and meets all the requirements, you see, then that person -- it is unfair because of philosophical disagreement with what that person has achieved to go against it. I know that many people have a philosophical adversity to gambling, you see. I do too. As a matter of fact, in 2009 -- or it was on 2008, when the lottery was going into the -- I mean, there was a referendum for lottery, I went public, and I went against it. I said that's going to affect the low-income population more than anybody else because there's' the hope that they're going to get millionaires. As a matter of fact, they are the ones that gamble the most. But there is a reality in the city of Miami, and I want to say this, and I don't want to start an argument with a person that I respect tremendously, with Mr. Braman, it is that gambling exists in the city of Miami and in Dade County. You see, we have gambling, and we have the lottery, which is the biggest gambling institution in the state. We have Magic City Casino, Gulfstream, we have Calder, we have -- and also on top of that, you have gambling via Internet, the Seminoles. The Seminoles. Yes. We have gambling via Internet. So, when we are -- I mean the argument that those companies, they're not going to come, it is -- I mean, in my opinion, and I am an economist, and a lot of my -- a long time ago, I did a lot of analysis and studies on economic development. That it is not valid, in my book, because they'd want to come now that we have. And this is -- as Commissioner Carollo said, it's just a little pebble because I mean, they are not -- this is not a huge casino or anything. They went through the process. I mean, okay. Fine. But if we want to talk about Genting and having -- and it's middle of Downtown Miami, this huge casino. I mean, they wouldn't have my vote. And you can take that to the bank. They won't have my vote. As a matter of fact, they will have my total opposition. You see, gambling exists in the city of Miami. It's a fact. It is a fact, you see? And those companies that want to come here, you see, they are coming given the conditions that exist in the city of Miami. They're trying to play -- I mean, saying that they're going to City of Miami Page 52 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 he -- they're going to come because they're afraid of gambling and all of that. Well then, I mean, 1 don't think it holds much water. 1 know that the objective here is to stop the mammoth of casino that Genting wants to place in the old Miami Herald property, you see? I mean, they could have any development that they want over there. They have the right to. When it comes to develop a casino, a huge casino in that property, just as I was against gambling all along, I'm going to be against gambling, but this is a total different -- in my book, total different thing. You know, it's -- this is a group of people that, I don't care who they are, they went through the whole process. They went to Tallahassee. They get it. They got it. I mean, as a matter offact, we have also to be realistic, and correct me if I'm wrong, Mr. Senator, the last one if you're going to get a license to gamble or not, is up in the state. Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: They are the ones -- Commissioner Diaz de la Portilla: And with the referendum that passed that -- Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: -- that there would be no other license issued. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: They'll have 27. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: That's it. They're done, so -- Commissioner Reyes: And that is something that I would like to discuss with my fellow Commissioners, and the only way that we can do that is in the shade. Vice Chair Russell: Thank you for that brief retort. Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you. Izzy, good morning, and thank you -- Vice Chair Russell: Hi, how are you? Commissioner Carollo: For being here representing your interest in person. Got a couple of questions for you. One, what you are asking for is gambling in the form of jai alai? Mr. Havenick: We are asking to build a jai alai facility. Commissioner Carollo: And gambling in the form of card games? Mr. Havenick: No, sir. Commissioner Carollo: Okay. Mr. Havenick: The settlement, as proposed, is you get to keep your ordinance. So to answer your original question to -- to Mr. Braman, I guess I wasn't that memorable because I was the fourth person on that panel that he spoke of, is where the settlement that is proposed before you today says we will never put slot machines at the site, we are going -- you are going to permit us to do the jai alai, and we were going to come back to this body for a vote on whether or not we could do poker. City of Miami Page 53 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Carollo: Whether or not you could do -- Mr. Havenick: Poker. Commissioner Carollo: Poker. Okay. But in essence, you're correct, and I'm correct. We're talking about those two types of gambling, except you're coming back for the poker because you can't get it done all in one ordinance. You have to get one, and then come back to the other. Mr. Havenick: Well, state law says we have to, yes, sir. Commissioner Carollo: 1 understand that. Now, I know what state law says now. 1 think one of the concerns of Mr. Braman and people like him and frankly myself is if the state law changes or something else would happen, would you go then into slot machines or other forms of gambling? Mr. Havenick: We have committed to no slot machines in the settlement. So, once it's binding in the courts, we cannot put slot machines in the facility. Commissioner Carollo: Okay. You have committed to slot machines in the settlement. Have you committed to all other forms of government --- gambling? Mr. Havenick: We've only committed to the forms -- we've only discussed with the City Attorney the legal forms of gambling in the state of Florida today. Commissioner Carollo: Okay. Would you further the -- besides, rather, the aggrievement, be willing to put a deed restriction on their property? Mr. Havenick: It's not our property, so you would -- Commissioner Carollo: Okay. Mr. Havenick: -- you'd have to deal with the person we are renting the site from. Commissioner Carollo: Which -- that represents another problem then on that, all right? How long of a lease do you have on that property? Mr. Havenick: I -- for as far as we look at it in -- forever because the permit is tied to the location site that it's at. Commissioner Carollo: Right. But my question is -- it's not your property, but in order for you to have the property, you have to have a lease with the owner then. Mr. Havenick: And in order for him to be able to have the license on his property, he has to have us, so we are going to live symbiotically hopefully forever. Vice Chair Russell: Meaning there is no lease yet? Commissioner Carollo: Huh? Vice Chair Russell: Meaning there is no lease yet? Commissioner Carollo: Correct. Madam City Attorney -- Mr. Havenick: There's a -- an agreement in place between us and the person. Commissioner Diaz de la Portilla: What's the agreement? City of Miami Page 54 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Mr. Havenick: MOU (Memorandum of Understanding). Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) -- Mr. Havenick: And how it's going to work -- and it goes forever. Commissioner Diaz de la Portilla: How many years? I think Commissioner Carollo -- Mr. Havenick: It never expires. Commissioner Diaz de la Portilla: It never expires. Is it a termination clause? Mr. Havenick: No. Because the state, as you know, grants the gambling license to one person, so we would own the license. If they were no longer to be happy with us, the license would go away. If they were to throw us out. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: Thank you. Mr. Havenick, I'd like to recognize you because you came to speak, not just for the questions to be answered. And I'd like to say that, you know, 1 may not be fully aligned with Mr. Stearns position because 1 am not opposed to gambling in general. 1 appreciate you as an entrepreneur in our city who provides jobs for many people and makes many customers happy. This is not to disparage your business or your industry, and that's why the ordinance was written very clearly not to create a moratorium, but rather a path for gambling that involves the residents and a higher bar when entering a neighborhood. So, with that being said, you are very welcome here, and I'd like to give you your time. Mr. Havenick: Well, just to clarify a couple of things. One is Mr. Stearns started his presentation by saying we -- one of our land -use attorneys asked the city for an opinion. So, if we're going to follow the code perfectly, Ed Martos, who was up here represents Mr. Braman as he didn't identify himself. I don't want it to be confused that he was somehow with my side. In 2017, my lobbyist -- where is he? Registered, known to you all, Manny Prieguez received 19 letters. That's what was submitted to the state in our second application filing. So, 19 letters, not one, came out of the city, and they were viewed as -- you all know now, as this has been going on for multiple years, and you have had multiple shade meetings on this issue. There were opinions from more than just the planning and zoning department as to whether Manny could receive an affirmative or negative to those letters. Second of all, I agree with you. There shouldn't be a massive casino in Downtown Miami. And you wrote a -- well, you -- the City wrote, with others, a very good ordinance. And the only way for that ordinance to survive, in our opinion. As we believe when we go back to federal court, we will win. And I believe the City Attorney when, a year ago, advised you to settle with us, thought we had a fairly good case. That is how your ordinance will survive. Otherwise, the federal judge is going to throw out the ordinance that she wrote. I'm not going to take as much time as the other side. You guys have seen me here for many, many years. I've always offered to answer questions. Fact of the matter is, we have lower crime around the two existing casinos in the city of Miami proper, so you can't -- that argument is moot. When Mr. Braman asked what good a casino has done, I mean, the casino gave half -a -million dollars to his museum. I didn't hear him complaining about that. We have been good corporate citizens. We have done everything, and since 1950 when my grandfather started the business in this city, we've never had a problem with anyone. We've never said no. We've done everything the City has ever asked of us. And although I probably shouldn't say this publicly, I'm willing to bet of all of the businesses in this city who did not receive a penny in PPP (Paycheck Protection Program), we are the only one that I know of who kept 580 people employed in every one of your districts and paid for the entire pandemic at a City of Miami Page 55 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 cost to the -- my mother. My mother paid those people. We didn't get half a million, and we didn't get $5 million in furlough, 300 employees like other businesses who've been here representing today. We do what's best for this community, and this community is more than just one little thing and one person who lives on Miami Beach. We want to grow with the community. We've been open and honest with you from the get -go. This is jai alai, jai alai only. I get to come back and make a pitch to you all again because I know how much you love seeing my face, maybe by then I will have actually gotten a haircut and shaved, to ask for poker. That's it. That's all we're asking for. Nothing that's not in the city limits. Nothing that other businesses don't have. Nothing that there are BTUs for in the city. It's very simple, and we're offering to waive the attorney fees, so we're actually saving you money. It's simple, but, again, we're going to -- as I can already see the way it's going to be, we are going to get kicked down the road again. We've been kicked down for -- since -- what was it? A year ago, when we had the first settlement meeting when we were here until 11:00 because the court reporter got a flat tire. And it's unfortunate because one person doesn't want a big casino. That's great. This prevents the big casino. Your ordinance that you sponsored, you sponsored, and no offense to Commissioner Diaz de la Portilla, but Commissioner Gort sponsored. You guys were the sponsors of that thing. And we're asking you to keep it in place. So, I don't need to belabor, belittle. This isn't casino gambling. I'm not going to give you the big scary story like Mr. Stearns did or Mr. Braman with Las Vegas Sands and all of those people, they've all moved on. The writing is on the wall. The only one here is Genting, and you want to get rid of Genting? Keep your ordinance. We want you to get rid of Genting too. But this is solely about a jai alai facility on a small parcel of property in an area that, as someone who lives in the area, is starved for more entertainment. And it's a fun, wholesome, happy activity. I don't think anyone has ever complained that jai alai is not a fun sport to watch. Unidentified Speaker: It is. Commissioner Carollo: Izzy, I don't want to be facetious and I'm not being. I knew -- Mr. Havenick: Then don't be. Commissioner Carollo: -- Norman lives in Miami Beach. I'm wondering where you live at? Mr. Havenick: I live in Edgewater. Commissioner Carollo: Edgewater? Okay. City of Miami, good. And the reason I asked that is that I'm finding more and more that most of our large business owners don't live in the City of Miami. So, I was just wondering where you live. It's good. I thought you lived in Edgewater. Mr. Havenick: I live in Commissioner Russell's district. I work in Commissioner Reyes' district, I work in Commissioner Diaz de la Portilla's district, and I cause trouble in your district as well as Commissioner Watson's district. Commissioner Carollo: Well, that's -- you have people that are in all of our districts, that's not the question though. Does your mom live in Edgewater too or not? Mr. Havenick: My mother does not live in Edgewater, no. Commissioner Carollo: Okay. She lives outside of the City of Miami? Mr. Havenick: She lives just outside the city. Yes, sir. Commissioner Carollo: Okay. So, she's -- City of Miami Page 56 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Mr. Havenick: But two of my siblings also live in the city limits. Commissioner Carollo: Yeah. She is the main owner there or how is it broken up in trust -- Mr. Havenick: No. Her sister -- my aunt lives in the city proper. She lives in Commissioner Russell's district also, and one of my cousins also lives in the city. Commissioner Carollo: Well, good. I'm glad that you live in the city. You know, I wish more of our top business owners would live in the city, but I've found throughout the years that very few do. I'm glad you do. Mr. Havenick: My mother would tell you when she bought her house. It was, like, back in the -- way back when. It was close to the city if not annexed or something, I don't know. It was a long time ago before I was born. Commissioner Carollo: Okay. Thank you. Vice Chair Russell: All right, Joe. Thank you for clarifying how many votes I'm losing. Commissioner Carollo: Are you running for something there, (UNINTELLIGIBLE)? I thought you were term limited. Commissioner Diaz de la Portilla: I thought you were retiring in a couple of year.s. Mr. Havenick: In all seriousness, Commissioner Russell, the settlement we had -- and, Vicky, I'm no lawyer so if I massacre this, please help me -- I believe had a release that if it was vetoed or didn't get approved by the Commission, we still went back to court. So, it's not like it was a dead issue. And also, since we weren't afforded our right to come back as Judge Hanzman ruled we should have been for a veto override if it was possible, I'm not saying it would have been, that's why we're back here today. Vice Chair Russell: Yes. I would like to get into shade as soon as possible. I would like to understand fully if you have rights and your foot was in the door or not, so that we know the strength of our case and we can make solid decisions. So, thank you for coming today. Stephen Helfman: If I can, I think 1 might be able to help -- Vice Chair Russell: Please recognize yourself. Mr. Heitman: Its Steve Heitman, and I have helped Mr. Braman through the process with you all early on when we created that ordinance together. So, I have a deep understanding of it. For the benefit of those who were not here, this issue has been alive for several years now. The issue of vested rights was argued at multiple public hearings before this Commission, before the Commission voted in the ordinance that included their property. They came before the Commission with multiple lawyers, I think from Holland and Knight, from Adam Hall and Lamb I think it was, Ronnie Book. They came here with a slew of lawyers arguing vested rights, that they should not be caught up in that ordinance. Your City Attorney told them at least four times on the record after hearing all of the evidence, that they had no vested rights. She sat here and looked at these gentlemen, heard their entire case and said you have no vested rights, okay? I can bring you the transcripts, okay? So, you can go back and ask her now again if you want to whether they have vested rights, but I can tell you that on the record when given the chance on multiple occasions, she said they had no vested rights. So, we can continue to beat this to death. We do not understand why the City of Miami Page 57 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 City Attorney never called us when they got sued. We're your -- we were in this together with you. We helped draft. We were never given notice of the lawsuit. We were never called, we were never asked, can you come in and work with us on this, you helped us draft this, okay? Nobody called us. We became the adversary, okay? We became -- Mr. Braman became the bad guy here, okay? We don't know why. We never got a single phone call from this lady. Not one. Nobody. Commissioner Diaz de la Portilla: From the City Attorney, not from this lady. Mr. Helfman: We found out -- from the City Attorney. Commissioner Diaz de la Portilla: Yes. Mr. Helfman: We found out about this when 1 got a notice of the deposition five -- six months into the litigation that they filed against you. We have been begging to work with you to defend your Code. We think you did the right thing. She thinks you did the right thing. For some reason they're afraid now but they don't need to be afraid. Ms. Mendez: Are you willing to indemni and hold the City harmless? Mr. Helfman: We're willing to represent you and the City and handle it. Ms. Mendez: No. No. 1 don't need your representation. Mr. Helfman: There's no damage -- okay. Ms. Mendez: We have outside counsel for that. Mr. Helfman: First of all -- Ms. Mendez: Are you willing to -- is your client willing to indemnify? Commissioner Diaz de la Portilla: This is not a debate. Vice Chair Russell: One at a time. Mr. Helfman: We are here with you. Commissioner Diaz de la Portilla: Hold on. Hold on. Hold on. Hold on. Mr. Helfman: Okay. We -- Commissioner Diaz de la Portilla: Calm down. Calm down. Mr. Helfman: I anz. Commissioner Diaz de la Portilla: Calm down. Mr. Helfman: We're here with you. We're here with you. Mr. Braman made the offer. He has his entire team to defend the city, okay? There is no damage claim. The damage claim which he's afraid of was dismissed by the Court. The Court said, you can't bring a damage claim now. You have to go back and exhaust all your administrative remedies. So, this is a purely equitable claim. Indemnity for what? I don't know. They haven't even said that they're worried about damages. They keep on saying, we're worried about attorney's fees, okay? You're not going to have any attorney's fees because we're going to take care of it. We will represent you. She doesn't have to spend any more time or money on this, okay? If we win, we win. If we don't, we don't. But why are we become the enemy? Why are we the bad people when City of Miami Page 58 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 we worked with you, when we have her opinion. I'll bring it to you multiple times. Told these people, you have no vested rights, they put on their entire case. They brought all their letters. Their 12 letters, their 18 letters, everything. They pleaded vested rights and she said, no, you don't have. And all of a sudden -- Ms. Mendez: To a card room. No vested rights to a card room. They were claiming that they had a card room. Mr. Helfman: Okay. They were claiming that -- Ms. Mendez: So, we need to be -- let's be very -- Vice Chair Russell: Please, one at a time. Ms. Mendez: -- clear about -- Mr. Helfinan: I under -- Ms. Mendez: -- what I said on the record. Mr. Helfman: Okay. I -- we will. Ms. Mendez: Now, if they're willing, and this is something that the Commission needs to -- if Mr. Braman feels that he has competent counsel in Weiss Serota to address all these issues then Mr. Braman can indemnify and hold timeless the City of Miami from all their damages, all their attorney's fees, not your attorneys fees, their attorney's fees. That is an option. Why didn't you go talk about that? Mr. Hellman: Okay. Mr. Havenick: And just for the record -- Vice Chair Russell: Just -- everyone (UNINTELLIGIBLE), please -- (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Reyes: I don't think we're going nowhere here. Vice Chair Russell: Just a moment. I would like everyone to speak to the Chair, including Madam City Attorney. Everyone ask please to be recognized because when you blurt out, then it begins an argument -- Commissioner Diaz de la Portilla: And everybody talks -- Vice Chair Russell. • -- then we're going in circles. Commissioner Diaz de la Portilla: It's the Vice Chair, not the Chair. Vice Chair Russell: Let me chair with you also. Thank you. Please be recognized through the vice chair. Mr. Helfman: One final thing just so we can try, to wrap this up because I know this has gone a long time. We believe there is a global solution. Commissioner Carollo touched on the issues. He tried to touch on the issues to see if maybe there's a solution here. He asked about what are you limiting yourselves to and how long is your lease and all of those issues. There may be a global issue here. We may be have -- be able to have a global settlement. I think it's possible, but we have to have a willing partner on the other side who's willing to do that and commit to what they just say on the City of Miami Page 59 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 record. That this is jai alai only and in the future -- Mr. Havenick: And, Mr. Helfman, when we were in mediation we paid for the City -- Vice Chair Russell: Mr. Helfman, please ask to be recognized. Ask to be recognized. (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Diaz de la Portilla: Hold on. Hold on. Mr. Helfman: You -- you asked about the future uses and you got no answer -- Commissioner Diaz de la Portilla: Izzy, I have a question. Hold on. Mr. Helfman: -- okay? So, the -- so let's explore that and maybe there is a solution if we can find -- Vice Chair Russell: Understood, Mr. Helfman, thank you. Just a moment. I'd like to recognize Commissioner Diaz de la Portilla, then Commissioner Carollo, then Mr. Havenick. Commissioner Diaz de la Portilla: Okay. There was a very strong statement by Mr. Braman earlier today about his philosophical opposition to gaming and that's been the position all along. Taking that into account, is there a global settlement? Is there a global agreement? Is it possible if philosophically one of the parties is adamantly opposed to gaming as he stated today? Mr. Helfman: There is a solution. Commissioner Diaz de la Portilla: There is a solution? Mr. Helfman: Even with that position. Commissioner Diaz de la Portilla: Then what -- Mr. Havenick: What is it? What is it, Mr. Helfman? Commissioner Diaz de la Portilla: Well, if I could -- Mr. Helfman: Well, I need to be very careful because we had negotiations over issues. Commissioner Diaz de la Portilla: Well, I understand -- Mr. Helfman: And I don't want to breach any confidentiality of those settlement discussion. Commissioner Diaz de la Portilla: I understand that and -- Mr. Helfman: So, I can't -- Commissioner Diaz de la Portilla: -- but I was trying to use your passion -- Mr. Heitman: Yes. Commissioner Diaz de la Portilla: -- for you to tell us what that agreement is on the record. Mr. Helfman: Well, I'll tell you -- City of Miami Page 60 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Diaz de la Portilla: That's what other people want. Mr. Helfman: -- I will tell you -- Commissioner Diaz de la Portilla: Because what I heard earlier was a -- Mr. Helfman: I can -- Commissioner Diaz de la Portilla: -- passionate, adamant, opposition to gaming. Now you're being advised by the other lawyer what you should've said. So, it's come back to first base, right? Because that's why we don't get anywhere. Mr. Stearns: Commissioner, a mediator was appointed and -- Commissioner Diaz de la Portilla: I understand the legalities. I know you can't discuss everything, but if there is a possibility, a path within the parameters that you can discuss -- within the parameters of what you can discuss, within your own legal minds what you can discuss. Mr. Stearns: There was -- Commissioner Diaz de la Portilla: Tell us so this Commission and find a place to land. Otherwise, it's a back and forth. It'll be continued. It will be another deferral and another deferral and nothing happens. Vice Chair Russell: You're recognized, Mr. Stearns. Mr. Stearns: It's important to know that mediation is a process where people exchange information in confidence. Commissioner Diaz de la Portilla: I know. Mr. Stearns: The matter could be settled, but it can -- needs to be settled in that process and then come back to you because -- and agreements are made in mediation that you won't disclose what people have said and those are binding agreements. Lawyers can get in trouble -- Commissioner Diaz de la Portilla: Yes. Mr. Stearns: -- if they say what happened in mediation so we can't. But what we can say is this. Every effort will be made in a process to try to resolve this in an amicable fashion if it can be achieved. A mediator was appointed, he's a very respected mediator in this community. Discussions have been ongoing. I can't tell you that -- a guarantee there's going to be success. But the conversations need to be everybody involved at that level before it comes to you. Vice Chair Russell: All right. Mr. Carollo, you're recognized, please. Commissioner Carollo: Thank you. Vice Chair Russell: Mr. Helfman. Commissioner Carollo: Stephen, hold on. Mr. Helfman: Yeah. Commissioner Carollo: Gene, thank you for explaining so well one of the issues that 1 City of Miami Page 61 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 was going to touch upon; why we can discuss here what possible solution there could he. And 1 say could be because you never know at the end. Not just in this issue hut in any issue that you're trying to come to an agreement to if finally, you reach that agreement. Now, for my part, I'm willing to wait until the 25th and give it that amount of time. But I will say this and the -- this is why I'm trying to get everything upfront, so we all know what we're dealing with. And I'm trying to get the quail out of the bushes. So, I was taught -- Commissioner Diaz de la Portilla: That's a great southern expression from Tallahassee. Mr. Helfman: Flush it out. Commissioner Carollo: Well, you -- you'd be surprised how much I know about the -- Commissioner Diaz de la Portilla: I'm very, very impressed, Commissioner. Commissioner Carollo: -- you'd be surprised how much I know about those Tallahassee boys. And I know more than most people how to flush the quail out, believe you me. Commissioner Diaz de la Portilla: We're the old dogs, yeah? Commissioner Carollo: But here's the problem that I'm very concerned with. Because 1 know Tallahassee and how those good old boys up there and some that are not all that good anymore, change their minds. This is why 1 was asking Illy the questions that I was and I'm trying to come to a way that we could be fully protected. That all he's going to have if we go this route is jai alai and poker table, and then if Tallahassee comes up with -- a few years later with a new law, like they love to do depending who's up there, then I don't want to see Izzy come back and say, well, you know, Tallahassee did this and I could get slot machines -- Mr. Havenick: That's (UNINTELLIGIBLE). Commissioner Carollo: I could get the dice are being thrown in, and who knows what else, you know? And that's part of why we need some time because I need for the City Attorney to guide me if there is anything we could do that we could be fully satisfied that what you're telling us, that's all you'll ever be able to get. And, you know, well -- Vice Chair Russell: Commissioner, I -- just a moment. Commissioner, are you recommending March 25th or February 25th? Because February 25th is in two weeks, I believe (UNINTELLIGIBLE) -- Commissioner Carollo: Well, we -- they were talking about February 25th, I believe -- Vice Chair Russell: I believe -- Commissioner Carollo: -- because I think if we go to March 25th we lose our times for any appeals or anything else. Vice Chair Russell: That's right. Mr. Stearns: There's nothing to appeal because there's no appealable issue yet. The summary judgment is not a final order in that case, so you can try to get it (UNINTELLIGIBLE) -- Commissioner Diaz de la Portilla: Yeah. But has that summary order judgment been signed? City of Miami Page 62 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Mr. Stearns: Summary judgment's been entered, but it's not a final order that's necessarily appealable. There's no -- your rights are not expiring. 1 want to make one comment. Since you're -- we all know Tallahassee, I worked there for years before I started practicing law. The camel really gets his nose in the tent is, of course, the issue that needs to be discussed. And you can assume, Commissioner, that that's one of the subjects that would rationally be discussed in terms of mediation. I would just come back to the point that this is an ongoing process and it need -- if you want to put a time frame on, either make a deal or don't. But when it comes back to you, it would seen rational that every effort would have been made to achieve an agreement if one can be achieved. Commissioner Diaz de la Portilla: Well, Gene, what can we do from our side? Mr. Stearns: Let us work, honestly, because this is -- as we all know, this is making sausage in a public forum, and I worry that things will be said that'll make it impossible. Commissioner Diaz de la Portilla: I understand. Vice Chair Russell: That's why I wanted it to go to shade. Mr. Stearns: And keep in mind, by the way, there's more issues than just sort of a spot zoning issue if this particular developer has this particular right. And I understand Judge Hanzman has already found that there are no rights created by these letters that we're talking about. That's in the court's orders. They don't like it, but that's what the order is. Okay, so -- and everybody, by the way -- and we deal with the vested rights issues. It's not just the person who claims an application has vested rights, but the community has rights, the public has rights. And the process, it applies to everybody. Not just the person who came in and nobody knew what was going on. It applies to everyone. So, I only make the point is that there are two lawsuits: one has been dismissed but it can be revived, one is pending, it's not dismissed, but an order's been entered. And you would expect rational people would be sitting and having a conversation and I will tell you rational people are having conversations. I can't really say more than that. Commissioner Carollo: Let me just say this before I ask the City Attorney a question so you could all understand why I am so concerned with getting guarantees that cannot be broken in any way into the future. When you have sometimes real small holes like this, you don't bother to plug them up in your home because you figure, well, there's no mouse that's going to be able to get through that. But once that mouse gets its little head through, it'll find a way to get his whole body through and this is how they penetrate your house, with little holes that you think that no way can they get through. And I want to make sure that this is going to be something that if he's telling me only jai alai, they'll come back, we give them the poker and card games. That there's no way ever that there could be anything other than that there. And I don't care what Tallahassee approves, it doesn't approve into the future because we can't control Tallahassee. Mr. Stearns: You -- Commissioner, you can assure that's the center of conversation, but I would make another point. You also have to worry that someone says he got it, why can't I, okay? And so, if it's spot zoning, you get it but no one else does and this is how you got it. Commissioner Carollo: That's another issue. Mr. Stearns: But that's something that we vision. This is what we talked about. City of Miami Page 63 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Carollo: If 1 can, 1 got one more thing. Madam City Attorney, on the question of timing. Ms. Mendez: Okay. So, this is the issue, and it's a decision for you to make. You could technically appeal a non -final order within 30 days. That time period would run out on 2/18. Mr. Stearns is particularly correct that there is no final order to appeal at this point, and you can arguably appeal at that time. If you decide to settle, you could technically appeal the issue that is going to repeat itself based on the very expansive - - Judge Hanzman is an amazing judge. However, his decision was a little too expansive and he conflated issues between land use and real property. Commissioner Carollo: Right. Ms. Mendez: So, his -- Commissioner Carollo: It's another issue. Ms. Mendez: -- it was just a very expansive order that I know that is not necessarily what was intended. But with that said, you can appeal a non final order. Commissioner Carollo: Can we appeal everything that you just discussed if we bring this back on the 25th? Ms. Mendez: So, on the timeframe for the non -final order, we can arguably be outside of that, but we could still appeal at the end of the case. So -- and if you want to be absolutely sure to appeal the issue, we could potentially appeal it and stay it pending truing to settle all this. That is another option and just ask the Court we're filing an appeal on this non -final issue, but we need to stay it because we're still working with a global settlement. That is another option, and you could tell me that right now. Commissioner Carollo: Second motion is the motion to defer this item for the 25th. Commissioner Diaz de la Portilla: I'll second it too. Vice Chair Russell: Thank you. So, there's a motion to defer RE.4 to February 25th -- Commissioner Carollo: Yes. Vice Chair Russell: -- which is two weeks from now. Commissioner Carollo: Exactly. Vice Chair Russell: All right. There's been a second. Is there any further discussion on that? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Madam City Attorney, does that require some different notification fir the shade meeting to be made? Victoria Mendez (City Attorney): Right. In a little while, I'll call for another shade meeting. I'm just going to see tam amending this one or not. Vice Chair Russell: Understood. Ms. Mendez: So, I'll call for that when we have a little lull. Vice Chair Russell: Thank you very much. Now -- City of Miami Page 64 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Stephen Hellman: And thank you. Vice Chair Russell: Thank you, Mr. Hellman. RE.5 RESOLUTION 8577 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA LEGISLATURE TO ENACT HOUSE BILL 387 AMENDING THE "PROPERTY ASSESSED CLEAN ENERGY PROGRAM" ("PACE") TO ASSIST PROPERTY OWNERS WITH A FINANCING OPTION UNDER THE PACE PROGRAM FOR FLOOD MITIGATION AND RESILIENCY IMPROVEMENTS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number RE.5, please see "Public Comments for all Item(s) " and "Order of the Day." END OF RESOLUTIONS City of Miami Page 65 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 7849 Department of Resilience and Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE I/SECTION 54-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "STREETS AND SIDEWALKS/IN GENERAL/USING STREET OR SIDEWALK FOR DISPLAY PURPOSES, EXCEPTIONS, PERMIT AND FEES"; CREATING STANDARDS FOR THE ISSUANCE OF PERMITS IN THE PUBLIC RIGHT-OF-WAY FOR VERTICAL AND HORIZONTAL BANNERS ON POLES; PROVIDING FOR BOTH REGULATORY FEES RELATED TO PROCESSING SAID PERMITS AND PROPRIETARY FEES RELATED TO THE USE OF THE RIGHT-OF-WAY FOR THE SAME; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13963 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Vice Chair Russell: The SR agenda, second reading items. If the City Attorney could read all four items into the record, please. SR.1, 2, 3, and 4. I'm going to ask the City Attorney just to read them all into the record and then we can handle them however we like. Victoria Mendez (City Attorney): SR.1. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.3. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.4. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: There were some formatting issues with regard to the title, so we're going to have to also amend a lot of spacing just so that, you know, those will be changes that we need to amend. [Later...] Vice Chair Russell: SR.1, 2, and 3. Is there a motion for those items, please? Commissioner Reyes: Move it. City of Miami Page 66 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Vice Chair Russell: SR.1 is Chapter 54 Streets and Sidewalks. SR.2 is Uncle Luke. SR.3 is the technology council. Commissioner Reyes: Mr. Chair -- if I may I have a simple question for the Manager. The Miami Technology Council, those -- do we have a budget for them? How much are we going to spend on it? Arthur Noriega (City Manager): There is no budget currently or a funding request for a budget for that. Commissioner Reyes: There's not a finding request? Mr. Noriega: No. Commissioner Reyes: Okay. Okay. Thank you. Vice Chair Russell: There's been a motion by Commissioner Carollo, second by Commissioner Reyes, SR.1, 2, and 3. Is there any further discussion? Joe Ruiz (Director of Zoning/Zoning Administrator): Good afternoon, Commissioners. Joe Ruiz, Office of Zoning. The Administration is respectfully requesting an amendment to FR.1. It's a minor amendment -- Vice Chair Russell: FR.1? Mr. Ruiz: FR.1. Vice Chair Russell: We're only on the SR's right now, so that'll be next. We are on SR.1, 2, and 3. Mr. Ruiz: My apologies. Vice Chair Russell: No worries, Joe. Thank you. Any further discussion on SR.1, 2, and 3? If you're all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. City of Miami Page 67 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 SR.2 ORDINANCE Second Reading 8394 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PARKS AND RECREATION/IN GENERAL", BY AMENDING SECTION 38-18, TITLED "NAMING OF FACILITIES AT HADLEY PARK"; MORE SPECIFICALLY, NAMING THE FOOTBALL FIELD IN HADLEY PARK TO THE "LUTHER CAMPBELL FOOTBALL FIELD"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13964 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number SR.2, please see Item Number SR.1. SR.3 ORDINANCE Second Reading 8431 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY"; MORE SPECIFICALLY, BY AMENDING SECTION 2-887 OF THE CITY CODE, TITLED "QUORUM REQUIREMENTS; EXCEPTIONS", AND SECTION 2-892 OF THE CITY CODE, TITLED "SUNSET REVIEW OF BOARDS"; FURTHER, ADDING A NEW DIVISION 26, TITLED "MIAMI TECHNOLOGY COUNCIL"; STATING THE COUNCIL'S PURPOSE, POWERS, DUTIES, COMPOSITION, APPOINTMENT QUALIFICATIONS, AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, RULES OF PROCEDURE, MEETINGS, COMMITTEES, QUORUM, BUDGET, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, WAIVERS, OTHER NECESSARY PROVISIONS, AND PUBLIC NOTICE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13965 City of Miami Page 68 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number SR.3, please see Item Number SR.1. City, of Miami Page 69 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 SR.4 ORDINANCE Second Reading 7338 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "FLOOD DAMAGE PREVENTION;" MORE PARTICULARLY, BY AMENDING SECTIONS 20-1, TITLED "DEFINITIONS," SECTION 20-3, TITLED "DEVELOPMENT IN EITHER SPECIAL FLOOD HAZARD AREAS, OR NONSPECIAL FLOOD HAZARD AREAS," AND SECTION 20-4, TITLED "DEVELOPMENT WITHIN SPECIAL FLOOD HAZARD AREAS", TO CODIFY THE NORTH AMERICAN VERTICAL DATUM OF 1988 ("NAVD 88") AS THE APPLICABLE VERTICAL DATUM FOR THE PURPOSE OF ADMINISTERING THE CITY OF MIAMI'S ("CITY") FLOOD DAMAGE PREVENTION REGULATIONS; FURTHER AMENDING CHAPTER 29 OF THE CITY CODE, TITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS;" MORE PARTICULARLY, BY AMENDING SECTION 29-81, TITLED "DEFINITIONS," SECTION 29-82, TITLED "PURPOSE OF ARTICLE," SECTION 29-83, TITLED "PERMITS FOR WATERFRONT IMPROVEMENTS —REQUIRED," SECTION 29-84, TITLED "SAME —APPLICATION", SECTION 29-89, TITLED "DESIGN," SECTION 29-91, TITLED "CONSTRUCTION," SECTION 29-92, TITLED "MATERIALS," SECTION 29-93, TITLED "REVIEW OF PLANS; DUTY TO INSPECT," SECTION 29-94, TITLED "PROCEDURE FOR INSPECTIONS," AND SECTION 29-95, TITLED "MAINTENANCE," TO ESTABLISH NEW STANDARDS FOR THE CONSTRUCTION, RECONSTRUCTION, AND REPAIR OF SEAWALLS AND BULKHEADS; ESTABLISHING A NEW MINIMUM HEIGHT OF SIX FEET (6') NAVD 88 FOR NEW AND RECONSTRUCTED SEAWALLS AND BULKHEADS CITYWIDE; PROVIDING FOR A VARIANCE PROCEDURE FOR SUCH ELEVATION REQUIREMENT; PROVIDING FOR A DEFINITION AND PERMITTING CONSTRUCTION OF LIVING SHORELINES; IMPOSING A DUTY ON PRIVATE PROPERTY OWNERS TO MAINTAIN SEAWALLS AND BULKHEADS IN GOOD REPAIR AND TO PREVENT TIDAL WATERS FROM FLOWING OVER OR THROUGH SUBSTANDARD OR DAMAGED SEAWALLS OR BULKHEADS TO ADJACENT PROPERTIES AND PUBLIC RIGHTS -OF -WAY; PROVIDING FOR ENHANCED PENALTIES FOR PROPERTY OWNERS THAT FAIL TO DO THE SAME; PROVIDING FOR A WAIVER OF FEES FOR RECONSTRUCTION OF SUBSTANDARD OR DAMAGED SEAWALLS UPON FURNISHING OF PROOF OF FINANCIAL HARDSHIP; PROVIDING FOR COMPLETE MITIGATION OF CODE COMPLIANCE FINES FOR PROPERTY OWNERS WITH SUBSTANDARD OR DAMAGED SEAWALLS OR BULKHEADS FOUND TO BE IN VIOLATION THAT UNDERTAKE STEPS TO CORRECT THOSE VIOLATIONS WITHIN THE TIMEFRAME FOUND HEREIN; CREATING A NEW SUBSTANTIAL REPAIR THRESHOLD THAT PROVIDES FOR SEAWALLS AND BULKHEADS TO BE RECONSTRUCTED TO PRESENT SPECIFICATIONS PROMULGATED BY THE DEPARTMENT OF RESILIENCE AND PUBLIC WORKS UNDER CERTAIN QUALIFYING CIRCUMSTANCES; MODIFYING THE MINIMUM REQUIREMENTS AND INFORMATION REQUIRED FOR PERMITS IN CONNECTION WITH THE CONSTRUCTION, REPAIR, AND RECONSTRUCTION OF SEAWALLS AND BULKHEADS; AND PROVIDING FOR THE COMPLETE MITIGATION OF FINES FOR VIOLATIONS RELATED TO THE City of Miami Page 70 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 DISREPAIR OF SUCH IMPROVEMENTS UPON ADHERENCE TO CERTAIN PRESCRIBED TIMEFRAMES; FURTHER AMENDING CHAPTER 54/SECTION 54-46 OF THE CITY CODE, TITLED "STREETS AND SIDEWALKS/AGREEMENT AND BOND AS TO PAVING AND OTHER IMPROVEMENTS BY PERSONS SUBMITTING PLATS, REPLATS, ETC., TO COMMISSION," TO ESTABLISH A NEW MINIMUM HEIGHT OF SIX FEET (6') NAVD 88 FOR NEW AND RECONSTRUCTED SEAWALLS AND BULKHEADS FOR APPLICABLE PROPERTIES SUBMITTED TO THE CITY'S EXISTING PLATTING PROCESS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: Item SR.4 was deferred to the March 25, 2021, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number SR.4, please see "Public Comments for allltem(s)" and Item Number SR.1. Vice Chair Russell: Madam City Attorney, I apologize after that long reading. The manager would like to say -- Arthur Noriega (City Manager): Yeah, 1 want to profusely -- Ms. Mendez: You know, I was going to ask, are you going to reset this? I was going to ask. Mr. Noriega: But yeah, we want to have it deferred to the March 25th meeting. Ms. Mendez.: You'd have stopped me and just tell me to stop reading. Mr. Noriega: I didn't -- you were on a roll -- I didn't want to break up your momentum. Commissioner Reyes: Which were you referring to? Mr. Noriega: This is the seawall ordinance SR.4. Ms. Mendez: Now that I have to go on workers' comp for not being able to read. Thank you. Vice Chair Russell: Mr. Manager's requesting a deferral of this item to what date, sir? Mr. Noriega: March 25. Vice Chair Russell: For what reason? Mr. Noriega: There's been some additional requests from certain stakeholders to City of Miami Page 71 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 address some of the language in the item. So, we want to actually set up a couple of meetings, socialize that, take some additional feedback and maybe come back with some modifications. Vice Chair Russell: I agree. I saw that there was a slew of requests coming from the Miami River Commission and river stakeholders. We may not agree to all of those requests, but I think we should give it a fair shot to really analyze it and see what we can do that comes up with a good solution. So, is there a motion to defer to, did you say February or March 25th? Mr. Noriega: March 25th. Vice Chair Russell: March 25th. Moved by Commissioner Reyes, second by the Chair. Commissioner Watson? Commissioner Watson: No, no. Vice Chair Russell: I'm sorry. Is there any further discussion? All in favor; "aye " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on SR.4, deferral to March 25th. END OF SECOND READING ORDINANCES City of Miami Page 72 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 8556 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE IX/SECTION 10-134 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS/FENCE REQUIREMENTS FOR OVERTOWN/SUNSET", BY EXTENDING THE SUNSET PROVISION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Jeffrey Watson, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Vice Chair Russell: Now, FR.1, if Joe is still around. Sorry about that. Joe Ruiz (Director of Zoning/Zoning Administrator): Good afternoon once again. Again, the Administration is asking for a minor amendment to FR.1, just to clarify that the fences that are going to be required must comply with the City Code, Miami 21 and the Florida Building Code. Vice Chair Russell: Got it. That's an amendment we need to place on the floor. Mr. Ruiz: Yes, please. Today. And we can pass out copies if necessary. Commissioner Reyes: Would you read that amendment again? Mr. Ruiz: Sure. The amendment is going to state that -- as it currently reads, any such fence permits required by this article shall be processed by the city on an expedited basis and no building permit fee shall be required. The city shall complete its review and issue the fence permit within three business days of submission of a completed building permit application. And the new language should be inserted right after that will continue to say, and all permits shall adhere to the requirements of the City Code, Miami 21 and the Florida Building Code. Commissioner Reyes: This is FR.1. As I understood it only applied to District 5. Mr. Ruiz: That's correct. Commissioner Reyes: Yesterday -- and I don't know what you -- the rest of the Commissioners think. I think you should extend -- make it citywide because when we have -- every time that we -- particularly in my district -- have an empty lot, it becomes a dump. It becomes a dump. And right now, correct me if I'm wrong, we request or we demand that they fence that anyways, right? Isn't that the standard proceeding? Victoria Mendez (City Attorney): We fence after demolitions. So, when the vacant land is, I believe that that's the current -- Vice Chair Russell: For all districts? City of Miami Page 73 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Reyes: And I'll address it. Yeah. That right. Asael Marrero (Director, Building Department): Asael Marrero with the Building Department. That is correct, Commissioner. That is for properties that we demolish. We go back and -- to fence them afterwards. Vice Chair Russell: Okay. We demolish? Mr. Marrero: We demolish. Vice Chair Russell: So that's not standard across the board of any empty lot? Mr. Marrero: That is not correct. Vice Chair Russell: Got it. So that's a specific case. Mr. Marrero: That specifically to the ones that we demolish from the unsafe structures. Commissioner Reyes: I don't know what consequences we'll have. And I was talking to the City Attorney, and I asked her, I said, well, you know, she said -- she's had an objection and just said, well, we cannot go and it is the lot it's not kept, and, and the grass is high and all of that. If it is fenced, we cannot go in, and 1 floated the -- I didn't know if it is legal or not -- the idea of stating that if we reserve the right after informing the owner that the lot has to be kept for us to go in as we do with that open lot. Go in and mow the lawn and clean or whatever we have to do and pass the cost to it because if we cannot do it now, you see. If Mr. Watson won't be able to do anyways -- on his -- on District 5 too, am I right or no? Vice Chair Russell: Let, let me ask a legal question to City Attorney. What is it that pre-empts from going onto a lot with a closed gate to maintain the lot? Ms. Mendez: Okay. So, there is no expectation of privacy when you have a closed gate. I mean, there is an expectation of privacy when you have a closed gate, so that's what makes it difficult. We have to notice, we have to bring them to hearing, we have to then work with them to try and open up. And if anything, we've noticed them, then we can proceed to go in. In this case this legislation historically was because the district was having a lot of deaths in these open fields. So, this was a more important, for a life safety issue than a -- Vice Chair Russell: Understood I don't think anyone's opposing the legislation -- Commissioner Reyes: No, no, no -- Vice Chair Russell: I understand, the question is about access to those lots when there is a gate? -- Ms. Mendez: Right. It will take us longer. Vice Chair Russell: Let me ask, the -- where is expectation of privacy, where and how was that defined under whose jurisdiction? Ms. Mendez: Right. So, there's pretty much case law that when you have a closed gate, when you find a closed gate, you're not supposed to enter that closed gate. So, we would have to go through certain -- Vice Chair Russell: State law? City of Miami Page 74 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Ms. Mendez: I'm sorry. Vice Chair Russell: State law? Ms. Mendez: Yeah, and case law. So -- Vice Chair Russell: So, and we are talking a chain link fence with no structure on it. So, what privacy are we protecting, you can see through a chain link gate. Commissioner Watson: I love you, man. Ms. Mendez: No, I -- Commissioner Watson: I love you. Ms. Mendez: -- exactly. However, there's still -- when you close your property and you're not expecting people to walk onto it, there is a certain expectation. So, we would have to go through a longer process to be able to go in. We'd have to cut a bolt, go in, mow, put, you know, a lien on the property, so there's just a longer process. This could be done. I'm just telling you that is a longer process because we have to notice and we have to get -- gain access. Vice Chair Russell: We have three issues here and to find the balance of all three issues and how to address all three. One is life safety of people who would go to an empty lot and actually die, two is homeless use, in general, encampments on open lots. But then three, how to enforce maintenance of those lots? Mr. Ruiz: That's right. Vice Chair Russell: If they're closed and so I'm not quite ready to expand the ordinance beyond -- into my district yet because actually there is a negative aesthetic to chain link as well. And if -- and so to create all these empty lots of chain link is not necessarily my goal either. I want to help where we have the other issues because my issue is, unkept lots and I want access to those lots, and I want to lien them, and you know send -- Commissioner Reyes: Okay. Vice Chair Russell: -- teams to keep them clean and -- Commissioner Reyes: You might not like the chain links. But in my district, most of the yards have chain links, and Little Havana, too. Commissioner Watson: Most are or are not? Vice Chair Russell: Are. Commissioner Watson: Are? They are or are not. Commissioner Reyes: They are -- Commissioner Watson: They are, yeah. Commissioner Reyes: -- they are. That's -- I mean, those beautiful fences that you see in all the areas that those don't exist in most of my -- but what I have experienced, Commissioners, is that every time that we had, for example, we had that once, this buildings on a Flagler and all almost at the corner of 27th Avenue that they were City of Miami Page 75 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 demolished -- they were demolished and while the lot was unfenced, people started dumping in there. It was a dumping place for -- 1 mean -- it was construction material, whatever, they were dumped into there. We asked them to fence it, but people cut the fence and then they dumped also. So, we would want to know is, how can we avoid that. And then when I read that a ordinance, Commissioner Watson, that I know that has been expanded, I mean that had been extended. I thought, well, how about if we tried to keep most of the empty lots, fenced in and we will reserve the right. So, I mean, we will demand that the owner to fence it and keep it, kept and keep them in -- with a clean and the grass mowed. And if there's a way that, I don't know, if the City Attorney could explain that or shed some light on it that we can previously -- before we go into forcing them to fence it, that they will commit to clean it or we will do it for them. You see, we'll reserve the right of doing it our self 1 don't know if it is possible, but it's something that I am -- I've been thinking -- because we have issues with lots, that they are open and they become dumpsites, you see. Ms. Mendez: Right. So based on the discussion I had with you, an option would be between first and second reading or is this second reading right now, give me one second. Okay, this is first reading. Okay. So between first and second reading, some of the things that we discussed and since this is Commissioner Watson's item was adding your district as a part of this pilot, but also treating this based on some of your suggestions, treating this like our vacant registration of empty lots process which we would try to get owner approval or permission to be able to go in to the property if we need to, to be able to address any -- Commissioner Reyes: Okay. This is -- Ms. Mendez: -- clearing issues. Commissioner Reyes: If it's going to create so much problems, let's pass this. And then later on, if we want to add something, we might want to bring anything to it. Ms. Mendez: If Commissioner Watson doesn't mind then between first and second, we can add your -- Commissioner Reyes: That's right -- I mean, and, and I mean, we can -- we could analyze all the pros and cons. And then -- but let's pass this. And you -- I was just throwing this idea, because I know that we have a lot of problems when empty lots, that they are -- they're not very well kept. And as soon as they don't have any fence, everybody will consider that a dump site. Ms. Mendez: Right. In a perfect world, what we would do today is just advise the potential amendments which would be, have them register under our vacant program as well and be able to get permission from them to access the property if we need to, in order to address these concerns. I just wanted to forewarn you that it may take a little longer in going into the property if we have to clean up when it's fenced up. But as long as you understand that, then we can. Commissioner Reyes: Okay. okay let's move on. Commissioner Watson: So, let me help you help us and help you. If in fact we notify them. All right. Are they still being fined until they give authorization? Ms. Mendez: Normally, when we go in for lot clearings on property that is not fenced up, we notice them of the violation, that they have, you know, 25 couches on their property and they need to clean it up. If they do not clean it up after we properly noticed it, we go in and we do it for them and we lien the property that's how it happens now. City of Miami Page 76 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Watson: But how are they being fined, are they being fined monthly once they notify? Ms. Mendez: It depends if they go through a ticketing process or if they go through a per diem process. So, either or it can happen through a ticket process of a one-time ticket and they were noticed or a daily fine if it's happened a couple of times, then it goes to Code Enforcement. Commissioner Watson: But I know what my intent was so the first thing I want to do is fine them, and up the fines. We need money, up the fines. Okay, $2500 that'll get moving, right? I want to know how high I can go, up the fines. I checked 100 properties, 99 of which don't live in the district. Okay. So, I want to give that consideration. I've checked 15 lots that have C&D trailers on them. There's no construction, nowhere in sight. Okay. So I know Commissioner Russell aesthetics and defenses -- I don't like the fences, but I know if they put a lock on the fence. Now it will destroy the property valuation to people next door, and they're still growing, want to cut the lock? We do what we have to do, we still fine them and they can decide whether or not they want to now leave it vacant and if it hasn't, if everybody in that neighborhood, or they give it to us, and we can use for affordable housing. They can decide that, but they won't decide that if it's only $500. So, help me, okay, and help us with the problem that exists. I've watched the video camera from police on someone else's lot. They put a fence on. No problem, it was -- and it show, it was broken down and they went in, and they start selling drugs and the guy comply. So, he should not be fine. Well figure out another way. But there is a problem, in, in more particular in this district, you know, that is relative to this. And so, I'm trying to figure out how we do that, where it's defensible and still make these people who don't live in the district because they're not trying to help the district do something different than what they're doing. Ms. Mendez: I think that some of the things that Commissioner Carollo has brought up in the past is to have more of an enforcement on the littering task force and those things -- Commissioner Watson: Yes. Ms. Mendez: -- to actually capture those people that do that and not necessarily penalize the owner of the property. However, sometimes it's absent landlords, so you have to have that balance. To the extent that we already do, fine people for having overgrown lots, having properties ridden with debris and couches and mattresses and what have you. That already happens, I know that we have a little bit of a backlog in Code Enforcement because of the pandemic. But I think that's all ramping, you know, ramping up. But we already have a system by which we can take properties to Code Enforcement. But I think that part of Commissioner Carollo's request was to ramp up our -- Commissioner Reyes: Yeah. Ms. Mendez: -- littering task force for lack of a better description. I don't know -- Commissioner Reyes: Okay. Commissioner Watson: And I want to help fund it. So, let me do this. Let's see if we can do it this way. Pass this 4, 5. I'd like to amend that fine, and up it, increase it, and then give the manager directive to come back, study, so we can see how it affects the other districts and what then should happen. And then we'll also have that included for. five. Does that make sense? Ms. Mendez: You want to amend the fine? City of Miami Page 77 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Watson: Yeah, amend the fine. Ms. Mendez: Okay. So, the amounts that you're suggesting may not be allowed pursuant to Florida statute, but we will work -- Commissioner Watson: Okay. Ms. Mendez: On maybe instead taking a lot of these more to Code Enforcement -- Commissioner Watson: Yes. Ms. Mendez: -- versus just a simple ticket -- Commissioner Watson: And I will -- Ms. Mendez: But that can be done by the Code Enforcement -- Commissioner Watson: Okay. All right. Ms. Mendez: Department as well. Commissioner Watson: And then, and then, for the purposes of Commissioner Reyes' district, and Commissioner Carollo's and for most likely, Commissioner Diaz de la Portilla we can direct the manager come back and now see what makes sense for these districts so that it does not negatively affect what we are trying to do but allows them to be able to have more enforcement as well. Okay. That work? Ms. Mendez: Yes. So, for now, just to be clear, for now, we're going to pass this as is or can we work on some of those amendments? Commissioner Watson: This is first reading, so you going to come back -- Ms. Mendez: Or we can work on the amendment that we discussed? -- Commissioner Watson: Okay. That's fine. Ms. Mendez:: Okay. Commissioner Watson: Yes. Unidentified Speaker: And then -- Vice Chair Russell: Couple -- Commissioner Watson: Sav what? Vice Chair Russell: -- couple of questions, Madam City Attorney, I would like to know if there is something that we could create by resolution or ordinance that eliminates the expectation of privacy where we have mandated chain link -- Commissioner Reyes: Yeah. Vice Chair Russell: -- fencing around an empty lot. Commissioner Reyes: That's what I was saying. Vice Chair Russell: There is no reasonable expectation of privacy. And if we are City of Miami Page 78 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 mandating -- Ms. Mendez: If we trespass -- we're trespassing on somebody's property. Vice Chair Russell: But we're trespassing if there's no fence, aren't we? Ms. Mendez: It's a little different. Vice Chair Russell: Why is it different with a fence versus no fence? Ms. Mendez: It's a -- there's as I said, there's a heightened expectation of privacy when you have a fence around your property. Vice Chair Russell: So, there's nothing we could write that would supersede that and eliminate the expectation of privacy on a chain link fence that we have mandated on an empty lot. Commissioner Reyes: Yeah. Ms. Mendez: Right. So that is why the suggestions that Commissioner Reyes has suggested about adding are -- the component of the vacant registration ordinance that we have and having the owner allow us to -- Commissioner Reyes: That's right. Ms. Mendez: -- register them -- Vice Chair Russell: That's -- Ms. Mendez: -- get some permission. Vice Chair Russell: Okay. I apologize -- Ms. Mendez: Put a little sign up saying Wo trespassing. City of Miami can enforce our trespassing.' All those things that we have in our vacant registration ordinance, have some of that component in here so we can address it. I just wanted to warn you that it may just take a little longer to be able to secure the permissions, to then go in there. But they may just give it to us, and it'll work out and it'll be a better scenario. And then we can work on Commissioner Watson's suggestion that these go to Code Enforcement and be per diem fines, the Code Enforcement Board versus just ticketing, that it could be a -- just a little more -- Commissioner Reyes: Strengthened. Ms. Mendez: Ramped up enforcement. And then Commissioner Carollo's suggestion as well will deal with Commissioner Watson's. Vice Chair Russell: Mr. Marrero I have a question, maybe you can help me with, and this is related. Chain -link fences around empty lots where people are using them as construction staging sites, that's illegal, correct? If it's not zoned for that and they don't have that use accepted for that. And companies come in and when they're building on another lot, come and use someone else's empty lot, even if they have their permission, can they use that as a staging site and fill it with construction equipment? Mr. Marrero: They can ask for a permission to use as a staging lot as a -- if they came in and asked for that permission. Vice Chair Russell: From whom? From the owner or from us? City of Miami Page 79 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Mr. Marrero: From us. Vice Chair Russell: Okay. So, if they don't have that permission. And they're just doing. Mr. Marrero: They may come in to use a particular empty lot. For example, they can use it for parking. For the construction site, in which case, we may place a -- you know, specific requirements and how that site has to be secured. Typically, we may require a -- not only the typical chain link fence, but also a film to be applied to that particular fence for additional protection. But they need to come in and ask for that permission from the City. Vice Chair Russell: And that's decided from the Building Department. Who decides who gets those permissions? Here's why I'm asking. So, we have some lots in my district that are just -- Mr. Marrero: Just do the temporary occupancy permit. Vice Chair Russell: -- they get a temporary occupancy permit? Mr. Marrero: Yeah. Vice Chair Russell: And if they don't have that, it's a simple code violation with a -- with a small fine. Mr. Marrero: All of that gets reviewed as part of the issuance of that. Vice Chair Russell: Yeah. I believe that's happening in a way, in my district, that is -- has a negative impact on the surrounding neighborhood. It's residential, yet, because there's an empty lot there, construction companies are using it as a staging site, trucks, and workers, and garbage, and materials, and everything. And if they're doing that without permission, yet just getting hit with a daily fine, that's just a cost of business for them. Commissioner Watson: Right. That's my concern. Vice Chair Russell: I was wondering if the ordinance we recently passed, allowing us to issue a stop work order for those who violate the code, if this would apply to that ordinance. And obviously, it's two separate lots like you've -- Mr. Marrero: Uh-huh. Vice Chair Russell: -- got them violating the code on one lot to benefit their construction at another lot. Mr. Marrero: Oh, it's a -- it's -- at the end of the day when they get that TO, the temporary occupancy certificate, it's a benefit -- Vice Chair Russell: I know they do. Mr. Marrero: -- just as they get the benefit, it can be taken away. Vice Chair Russell: Yeah. Mr. Marrero: So -- Vice Chair Russell: No, I'm looking for those who did not get that benefit but are City of Miami Page 80 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 doing so illegally. Mr. Marrero: If they're doing it illegally, then we should be able to come in and obviously -- Vice Chair Russell: Yeah. Well, citing them is not doing it. These are very large, wealthy developments that are paying a daily small fine on a lot that they're violating Mr. Marrero: Right. Vice Chair Russell: -- I would like to know if the recent ordinance we passed would allow to issue a stop work order until they comply with the code. Commissioner Reyes: Good question. Good question. Mr. Marrero: Is there a construction going on in this site that we can issue a stop work order? Vice Chair Russell: Not -- so it's the construction's not on the site where the violation is. Mr. Marrero: Right. Vice Chair Russell: The construction's happening somewhere, not far away. But there's certainly -- that operator is certainly violating the code with that site that they're using as a staging area. So maybe it's a legal analysis question of how far we can go with that, but I would like to take a look at that. It's slightly related to this ordinance. I didn't mean to take us on a tangent, but we can talk about that as -- Commissioner Watson: No, actually, you didn't, Mr. Chair. I think that part of the problem that we have sometimes is there's holes in different things that we do and so they're not viewed unilaterally to understand how to not let somebody get by. Look, here's the thing. If you have a vacant lot and you don't have a permit to do anything or something to that effect, then you should be able to get a fence because once you get a fence, then it's a privacy issue. If you're doing something, then okay, fine. But if you just want to put a fence around a lot that you're not going to use, and that fee for doing it should be higher. Now, you're going to decide whether or not you pay $2 to cover up a lot, and now it's private and you put a lock on it, six feet of grass, right? If an inspector just drives by sight and it's a foot high then we can cut and send you a bill. Vice Chair Russell: Okay. Commissioner Watson: So, some things we have to look at is going to allow you guys more of an opportunity with less people and us to look at it so that we can help you along the way, relative to how we're trying to deal with this because it's an issue, and it goes to the whole issue of beautiful Miami. You got a whole bunch of empty lots in the corridor city, then there's a problem. And so, we do something one here over here and but it's against this and this -- and it could -- can't help you because now you've been able -- someone has been able to do that, like he's saying. So, if the construction guy is dumping on somebody else's without authorization to do it, stop the construction and fine him more. He'll move it or do what he's supposed to do. And then the win is we don't have the problems that we have. So, it really wasn't a tangent. Vice Chair Russell: Thank you, sir. So, first reading is good as written or do we need an amendment? City of Miami Page 81 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Reyes: Well, no, no, no, no. I've just got -- I'm just going to make a comment. Madan City Attorney, as you said, the permission to go in. 1 mean, you want us -- it could, 1 mean, it's suggested but at a time -- if -- when they're going to build the fence, they need a permit. At the time of permitting, we ask for a permit, we should get a cone in -- a permission to go in if they don't keep it that maybe -- and if it is overgrown or if -- or they don't get rid of any trash or whatever, or debris that had been thrown in there. So, we can get the permission from them when they are -- and I have another question. This is a personal question, sorry, Mr. Chairman, what do you have against chain link fence? Vice Chair Russell: When someone intends it for their home, 1 have no problem. When it's unattended chain -link fence around an empty lot that's bent and torn, I hate it. Commissioner Reyes: No. I -- you know, I don't want my neighbors and my people from District 4 to start disliking you, no, no, no. Commissioner Watson: So, you want us to pass this, Madan City Attorney, with the language that's been substituted and then on second reading well have the amendments in look-see so we can make it uniform? Ms. Mendez: Right. So, so just so that we're clear, you already had a substitution that expanded into District 5 between first and second. Vice Chair Russell: Yeah. Ms. Mendez: And there's going to be the changes as discussed with Commissioner Reyes and the amendment that was requested by Chief Ruiz that it complies with Miami 21. Commissioner Reyes: Okay. Vice Chair Russell: Thank you very much. Madam City Attorney, could you read both FR.1 and FR.2 into the record, please? And well get to both of them, I promise. Ms. Mendez: Thanks. I appreciate it. Vice Chair Russell: I hope. Ms. Mendez.: FR.1. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez,: The substitution is for District 5. And then based on the amendments' that we've heard, we'll come back with those amendments for a second reading. Then on FR.2. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Thank you very much. Is there a motion on FR.1 and FR.2? Commissioner Reyes: FR.1 and FR.2. Commissioner Watson: So moved. Vice Chair Russell: Moved by Commissioner Watson, seconded by Commissioner -- seconded by the Chair. Commissioner Reyes: Thank you. City of Miami Page 82 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Vice Chair Russell: No amendments -- correct? -- on FR.1. Is there any further comments? Ms. Mendez: FR.1 is as substituted and will be amended. Vice Chair Russell: Thank you. And will be amended. Yes. Commissioner Reyes: And wait a minute. Wait a minute. This is amend -- Chapter 17 of -- which one is the intervenor status? Vice Chair Russell: This one, FR.2. Commissioner Reyes: FR.2, 1 have a little problem with it. 1 think it's too broad. It's -- I think it provides intervenor status to anybody, even if you have any -- you are affected or not. You see, and according to what I've been looking at, you see the Courts they -- -- I mean, they take into consideration proximity to the area that is going to be the -- it's going to be code change or whatever it is. And I think that we should limit that to a certain area, maybe of 500 feet or 1000 feet, something like that. Because I believe that if we leave that too broad, we're going to have anybody that lives in Homestead and parks the car in -- under the tree by your house is going to come and say, hey listen, I'm affected by this because the shade of that tree that it is going to be knocked down because of this development. I mean, 1 feel that I -- I mean, I'm affected by it. Vice Chair Russell: Yeah. Commissioner Reyes: You see, I think the intervenor status -- intervenor is very serious. You see, and I -- and by having them I mean, the way that it is, it is too broad. Vice Chair Russell: So, Commissioner -- Commissioner Reyes: I think that we should limit the -- and I agree that we should provide intervenor status for most people again, but people that are really affected. Vice Chair Russell: That makes sense. Commissioner Reyes: You see? Vice Chair Russell: Do you think -- because this is meant to match the intervenor status that we already have in -- Commissioner Reyes: Yes. Vice Chair Russell: -- in Miami 21. So, do you feel that's too broad as well? Commissioner Reyes: Yes, sir. Vice Chair Russell: Got it. So really there's an overhaul needed to intervenor status as a whole to make it more specific and clear -- Commissioner Reyes: And clear. Vice Chair Russell: -- and more objective and less -- Commissioner Reyes: More objective. Vice Chair Russell: -- yes. I agree with you. 1 agree with you. City of Miami Page 83 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Reyes: Thank you. Vice Chair Russell: I don't know exactly what those specifications are, but I think between first and second, we can clarify -- Commissioner Reyes: Absolutely. Vice Chair Russell: -- correctly what they are. And then Madam City Attorney, on second reading, could we also adjust intervenor status for the -- for the Miami 21 side of things as well, or is that a separate ordinance? Ms. Mendez: That would be a separate ordinance. Vice Chair Russell: So why don't we pass this and then bring a separate ordinance, singularly having to do with intervenor clarification? Ms. Mende: Right. Obviously, we will do whatever the Commission wants. It's just that we know the issues that the Miami 21 ordinance has as written -- Vice Chair Russell: Yeah. Ms. Mendez: -- and we would not like to pass legislation that's exactly the same and has the same issues. So, we had suggested for additional criteria to make the intervenor status a little tighter and so that the Commission would not have to spend several hours trying to determine what that criteria is longer than usually the average hearing lasts. Vice Chair Russell: Yeah. Ms. Mendez: So, with that said, we will do whatever you like. However -- Vice Chair Russell: Thank you. Ms. Mendez: -- since we are here with this ordinance, it would be nice to fix it and then we could deal with the rest that we -- Vice Chair Russell: So, the objective of the ordinance is to create a level playing field between the two because right now there's an inconsistency between -- Commissioner Reyes: Yes. Vice Chair Russell: -- PZ hearings and HEP Board hearings. Commissioner Reyes: That's right. Vice Chair Russell: Now, if we create a higher criteria on one than the other at different timing, I'm open to creating a higher criteria, but I'd like to do it as simultaneous as possible for both Miami 21 and HEP (Historic and Environmental Preservation) Board, for PZAB (Planning, Zoning And Appeals Board) and HEP Board. So, either way it doesn't happen right now. It happens between first and second. I think we're open to suggestions, but we don't have the exact answers yet. I'd say let's pass it -- Commissioner Reyes: But Mr. Chair -- Vice Chair Russell: Yes. City of Miami Page 84 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Reyes: 1 know what you mean. High criteria but within the limit. Vice Chair Russell: Yeah. Commissioner Reyes: With its certain parameters. Vice Chair Russell: Yes. Commissioner Reyes: Not open like this. You see I mean, let's say that I -- Vice Chair Russell: A little closer to the microphone, please. Commissioner Reyes: -- that let's say that 1 hear that something is going to happen in the northeast. I mean a building is going to be knocked down or whatever. I'm not, I mean, I'm not directly affected by it. Vice Chair Russell: Yeah. Commissioner Reyes: Only because I liked the building, but interference because you have to. There's -- at some effect that you are going to suffer, or you are going to do it by a certain action. You see and then that you are expressing that, that you are being affected by this action but what if -- Vice Chair Russell: Got it. I'm open to taking it up on second reading and then getting Commissioner Reyes: That's right. Vice Chair Russell: -- getting Miami 21 and PZAB aligned as quickly as possible. Commissioner Reyes: That's right. Vice Chair Russell: So, if you could bring an ordinance change for that as well. But I think from a policy perspective, we have to discuss, and niaybe right now is not the moment, but exactly what those criteria are. Commissioner Reyes: What those criterias are. Vice Chair Russell: I'm sorry, what? Got it, we are maintaining quorum. All right. So, I think we're good then for now and there's direction to the -- Commissioner Reyes: First reading, I'm willing to go. And I -- let me tell you, and I even stated this to the Mayor. And I said I won't go with it unless we have certain parameters. You see, I said who has the rightful intervenor status? Vice Chair Russell: Agreed. Ms. Mendez: Right. Right. I'll tell him. Vice Chair Russell: Agreed. Commissioner Reyes: Okay. Vice Chair Russell: So that's -- is there a motion for FR.1 and FR.2? Ms. Mendez: I -- Vice Chair Russell: Did we already do that? We already have it. City of Miami Page 85 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Reyes: We did have it. Vice Chair Russell: Thank you, I apologize. Ms. Mendez: I think we did FR.1, right? Vice Chair Russell: No, we did them both. Commissioner Reyes: Both and I -- Ms. Mendez: With regard to this item, Commissioner, 1 just wanted to point out that remember that jor Miami 21, we have to go to PZAB, so it won't be as concurrent as - - you sounded, you know, hopeful that it would happen, so with regard to this so Vice Chair Russell: As quickly and concurrently as possible. Ms. Mendez: Right, right. Commissioner Reyes: You shall read. Ms. Mendez: So, 1 just wanted to point that out and then we'll work with the Mayor's office because it is their item and even though we have proposed language, we still have to work with them -- Commissioner Reyes: Okay. Vice Chair Russell: Yes. Ms. Mendez: -- to address it. So maybe between now and then we'll also give all of you the proposed language and then you can discuss it better in a second reading. Vice Chair Russell: Thank you very much. And I am co -sponsoring FR.2, I think I'm already listed as that. Is that -- is there any further discussion on FR.1 and FR.2? Commissioner Reyes: No. Vice Chair Russell: Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. I'd like to bring FR.2 back for second reading on February 25th, please. Commissioner Reyes: Okay. Vice Chair Russell: Thank you. City of Miami Page 86 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 FR.2 ORDINANCE First Reading 8564 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ENVIRONMENTAL PRESERVATION/TREE PROTECTION IN GENERAL", CHAPTER 17/ARTICLE II OF THE CITY CODE, TITLED "ENVIRONMENTAL PRESERVATION/ ENVIRONMENTAL PRESERVATION DISTRICTS", AND CHAPTER 23/ARTICLE I OF THE CITY CODE, TITLED "HISTORIC PRESERVATION/HISTORIC PRESERVATION"; MORE SPECIFICALLY, BY AMENDING SECTION 17-2, TITLED "DEFINITIONS", SECTION 17-8, TITLED "APPEALS, APPELLATE FEES", SECTION 17-26, TITLED "DEFINITIONS", SECTION 17-31, TITLED "ENVIRONMENTAL PRESERVATION DISTRICTS", SECTION 17-33, TITLED "REMOVAL OF TREES AND DEVELOPMENT ACTIVITY WITHIN ENVIRONMENTAL PRESERVATION DISTRICTS", SECTION 23-2, TITLED "DEFINITIONS", SECTION 23-4, TITLED "DESIGNATION OF HISTORIC RESOURCES, HISTORIC DISTRICTS, MULTIPLE PROPERTY DESIGNATIONS, AND ARCHAEOLOGICAL SITES AND ZONES", SECTION 23-6, TITLED "TRANSFER OF DEVELOPMENT RIGHTS AND DENSITY FOR HISTORIC RESOURCES; PROVISION FOR A DETERMINATION OF ELIGIBILITY PROCESS, AND SPECIAL PROVISIONS FOR RESOURCES WITHIN THE MIAMI MODERN (MIMO)/BISCAYNE BOULEVARD HISTORIC DISTRICT; PROHIBITING CERTAIN USES; AND ESTABLISHING A 35-FOOT HEIGHT LIMIT", AND SECTION 23-6.2, TITLED "CERTIFICATES OF APPROPRIATENESS", TO SPECIFICALLY PROVIDE A DEFINITION OF INTERVENOR AND AN OPPORTUNITY FOR INTERVENOR STATUS FOR CERTAIN PUBLIC HEARINGS RELATED TO ENVIRONMENTAL PRESERVATION AND HISTORIC PRESERVATION MATTERS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Jeffrey Watson, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Note for the Record: For minutes referencing Item Number FR.2, please see "Public Comments for all Item(s)," and "Order of the Day," and Item Number FR.1. END OF FIRST READING ORDINANCES City of Miami Page 87 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 AC - ATTORNEY -CLIENT SESSION AC.1 ATTORNEY -CLIENT SESSION 8561 Office of the City Attorney UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE FEBRUARY 11, 2021 MIAMI CITY COMMISSION MEETING. THE PERSON PRESIDING OVER THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE CASE OF ERNESTO CUESTA, ET AL. VS. CITY OF MIAMI AND WEST FLAGLER ASSOCIATES, LTD., CASE NO. 20-006298 CA (43), PENDING BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, AND WEST FLAGLER ASSOCIATES, LTD. VS. CITY OF MIAMI, CASE NO. 19-CV-21670-RNS, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION WHICH INCLUDE VICE-CHAIRMAN KEN RUSSELL AND COMMISSIONERS ALEX DIAZ DE LA PORTILLA, JOE CAROLLO, MANOLO REYES, AND JEFFREY WATSON; CITY MANAGER ART NORIEGA, V; AND ATTORNEY RAQUEL RODRIGUEZ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON PRESIDING OVER THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. RESULT: DISCUSSED Note for the Record: For minutes referencing Item Number AC.1, please see Item Number RE.4. END OF ATTORNEY -CLIENT SESSION City of Miami Page 88 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 BC.1 8151 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AFFORDABLE HOMEOWNERSHIP LOAN PROGRAM TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Jeffrey Watson City of Miami Page 89 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 BC.2 8152 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Jeffrey Watson City of Miami Page 90 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 BC.3 6672 Office of the City Clerk BC.4 8523 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Jeffrey Watson RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Mercedes Rodriguez ENACTMENT NUMBER: R-21-0069 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo NOMINATED BY: Commissioner Alex Diaz de la Portilla Vice Chair Russell: Boards and committees. Commissioner Reyes: Boards and committees. Todd B. Hannon (City Clerk): Thank you, Chair. BC.4, Bayfront Park Management Trust, Commissioner Diaz de la Portilla would be appointing Mercedes Rodriguez. City of Miami Page 91 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 BC.5 8531 Office of the City Clerk Vice Chair Russell: Is there a motion, please? Commissioner Reyes: Move it. Commissioner Watson: Okay. Vice Chair Russell: Moved by Commissioner Reyes, seconded by Commissioner Watson. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Merdochey LaFrance Civilian Investigative Panel Gabriel Paez Civilian Investigative Panel Joseph John Rinaldi Civilian Investigative Panel RESULT: NO ACTION TAKEN City of Miami Page 92 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 BC.6 8533 Office of the City Clerk BC.7 6958 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Jeffrey Watson Commission -At -Large RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE COMPLIANCE TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Jeffrey Watson City of Miami Page 93 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 BC.8 8153 Office of the City Clerk BC.9 6734 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Jeffrey Watson Commission -At -Large Commission -At -Large Commission -At -Large (Alternate Member) RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN AND QUALITY OF LIFE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Constance Gilbert Commissioner Jeffrey Watson ENACTMENT NUMBER: R-21-0070 MOTION TO: Adopt RESULT: ADOPTED MOVER: Jeffrey Watson, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Todd B. Hannon (City Clerk): BC.9, Commission on the Status of Women and Quality of Life Committee. Commissioner Watson will be appointing Constance Gilbert. Vice Chair Russell: Is there a motion, please? Commissioner Watson: I move. City of Miami Page 94 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 BC.10 8534 Office of the City Clerk Vice Chair Russell: Moved by Commissioner Watson. Commissioner Reyes: Second. Vice Chair Russell: Seconded by Commissioner Reyes. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Jeffrey Watson City of Miami Page 95 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 BC.11 5976 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Jeffrey Watson Commissioner Jeffrey Watson IAFF FOP AFSCME 1907 AFSCME 871 City of Miami Page 96 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 BC.12 8154 Office of the City Clerk BC.13 7963 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Jeffrey Watson RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Jeffrey Watson City of Miami Page 97 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 BC.14 8267 Office of the City Clerk BC.15 8269 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER ("LGBTQ") ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Jeffrey Watson RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S COUNCIL ON GLOBAL COMPETITIVENESS FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Jeffrey Watson Commission -At -Large Commission -At -Large City of Miami Page 98 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 BC.16 8155 Office of the City Clerk BC.17 8156 Office of the City Clerk RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI COMPLETE COUNT COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Jeffrey Watson RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Jeffrey Watson City of Miami Page 99 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 BC.18 7261 Office of the City Clerk BC.19 3693 Office of the City Clerk RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI RIVER COMMISSION FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commission -At -Large RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large City of Miami Page 100 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 BC.20 5453 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Jeffrey Watson Commissioner Jeffrey Watson City of Miami Page 101 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 BC.21 5844 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Monty Trainer ENACTMENT NUMBER: R-21-0071 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo NOMINATED BY: Commission -At -Large Todd B. Hannon (City Clerk): BC.21, Virginia Key Advisory. Board. Commissioner Reyes will be appointing Monty Trainer to the Commission at -large seat. Vice Chair Russell: Very nice. Is there a motion, please? Commissioner Reyes: Move it. Vice Chair Russell: Moved by Commissioner Reyes. Commissioner Watson: Second. Vice Chair Russell: Seconded by Watson. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. Mr. Hannon: That concludes the boards and committees. Thank you, Chair. Vice Chair Russell: Thank you very, much. City of Miami Page 102 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 BC.22 7246 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Jeffrey Watson END OF BOARDS AND COMMITTEES City of Miami Page 103 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 8432 Department of Real Estate and Asset Management A DISCUSSION ITEM OF THE MIAMI CITY COMMISSION PROVIDING INFORMATION CONCERNING MARINAS OWNED BY THE CITY OF MIAMI. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: Item DI.1 was deferred to the March 25, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number D1.l, please see "Order of the Day." DI.2 DISCUSSION ITEM 8438 A DISCUSSION ITEM REGARDING HOMELESSNESS. Commissioners and Mayor MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: Item DL2 was deferred to the February 25, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number DL2, please see "Order of the Day." City, of Miami Page 104 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 DI.3 DISCUSSION ITEM 8377 A DISCUSSION REGARDING USACE BACK BAY STUDY. Department of Resilience and Public Works RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item Number DL3, please see "Public Comments for all Item(s). " Vice Chair Russell: Calling back to order the February 11 th City of Miami Commission meeting. We have three Commissioners on the dais, and we'd like to get going with the business today. We have a time certain at 3:00 o'clock for the Army Corps of Engineers to present the latest on the Back Bay Study. And so, I believe they are on Zoom, if IT (Information Technology) can help me make sure that they are connected and promoted so they can speak to us. I'd like to set the stage a little bit on this. This is a very, very important investment that the federal government is potentially willing to make in our community to shore us up against storm surge and sea level rise. Big storms, 200-year hurricane storms, and that means major infrastructure. $6 billion could come to our community for very much needed protection. And that $6 billion could protect $40 billion in damages if that big storm did arrive and we did not have the protections we need. We are very thankful to the Army Corps. They have worked with us now for several years on this issue. And especially thankful to our Director of Resilience and Public Works, Mr. Alan Dodd -- Colonel Alan Dodd, formally of the Army Corps to really help us navigate these waters, so to speak. It's been very helpful. And the cooperation from the Corps is unprecedented in my understanding of governmental interaction and cooperation between city, county, private industry, and Army Corps projects. So, we've come a long way because the initial program that was presented was deemed unacceptable by every resident group, development group, and governmental group involved here in our region. And so, in order to hopefully get to yes, hopefully receive the investment, we're seeking flexibility on that plan. And that's what we're here for today. To see how far the Army Corps has come on different options and to see if any of the ideas that have come from the private sector and the local government side could be incorporated into their plan. At the end of the day, this is not a City of Miami decision, the local sponsor is the County. And so, we trust and leave it to them to pick up this torch as we pass it on. But we wanted -- we want to weigh in as a city -- Commissioner Reyes: Absolutely. Vice Chair Russell: -- because the majority of this plan does take in place within the City of Miami, within District 2 and within the DDA (Downtown Development Authority). Commissioner Reyes: That's right. Vice Chair Russell: Brickell and Downtown could be very affected. So, without further ado, -- Commissioner Reyes: If I may -- Vice Chair Russell: Yes, Commissioner -- Commissioner Reyes: -- interject. Vice Chair Russell: -- you're very recognized. City of Miami Page 105 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Reyes: Commissioner, you are absolutely right that we want to 1 mean, have our opinion counted. And -- but 1 also want to stress once again, that we will not be blinded by the amount of money they're going to spend. We are going to analyze the long-term effect that any project that they do, whatever they do will have in the future of Miami, future of development, economic development, and the quality of life of our residents. Vice Chair Russell: Agreed, agreed. If done right, this can be the best thing ever for the city. If done wrong, we could be regretting it for decades. Commissioner Reyes: For decades, yes. Vice Chair Russell: And my parallel is the Lake Okeechobee. Commissioner Reyes: That's right. Vice Chair Russell: The Army Corps was solving a dire issue decades and decades ago. Commissioner Reyes: That's right. Vice Chair Russell: That would increase safety and water for agriculture and transit across the State, it all sounded great. And here we are decades later trying to reverse some of those policies and infrastructures -- Commissioner Reyes: Absolutely right. Vice Chair Russell: -- to really help not only the ecology of the area in the Everglades, but the economies -- Commissioner Reyes: The economies of all people surrounding it. Vice Chair Russell: -- and the livelihoods, and the quality of life, and the health of everyone and every town surrounding. And I don't fault the Army Corps for this. I really believe a holistic approach with all stakeholders at the table will yield a better product -- Commissioner Reyes: Opinion. Vice Chair Russell: -- and I really appreciate their openness to working with us. Commissioner Reyes: Absolutely. Absolutely. Vice Chair Russell: So, I appreciate your help with the DDA, Commissioner Eileen Higgins at the County, of course, as well in the DDA. Commissioner Reyes: And also, you, the District 1 that you have a lot of stake of it because that affects your constituency and directly affects your constituency. Vice Chair Russell: My first interaction with this was when I asked then Congresswoman Ileana Ros-Lehtinen -- Commissioner Reyes: Yes. Vice Chair Russell: -- how we could receive federal. funds to help us with storm surge and sea level rise. And that was the, first time I ever heard the words Back Bay Study. City of Miami Page 106 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Reyes: 1 know you've been working on it for a long time. Vice Chair Russell: And she said, if you can wait three years, the Back Bay Study is coming and that will yield the results that you're looking for. And so, I will not he blinded by the light, you're absolutely right -- or the money, but I believe we can come together, and I believe we can get this right. Commissioner Reyes: Yes. I do, but we have to stick together and let them know what we want. Vice Chair Russell: Yeah. Commissioner Reyes: I mean -- Vice Chair Russell: At the end of the day this is Mayor Levine Cava's call as -- Commissioner Reyes: That's right. Vice Chair Russell: -- the Mayor of the County to do that. Commissioner Reyes: But we have to let him know that we have -- Vice Chair Russell: We will be loud and clear. All right. Commissioner Reyes: All right. Vice Chair Russell: So, if you could promote our friends at the Army Corps to present, please. Patrick Kinsman: Hey, Commissioner Russell, it's Colonel Pat Kinsman from Norfolk District. Can you hear me okay? Vice Chair Russell: Good afternoon. Loud and clear, sir. Mr. Kinsman: Okay, great. Well, greetings to you and the other Commissioners. I'm glad to get the opportunity to again speak with you today. Certainly, we've been doing a lot of engagement across all of what I'd like to say is team Miami to focus on the opportunities that we have. We're doing -- as the Corps, we're working as one enterprise all across the nation, but in particular, the Norfolk District is honored to be working on three studies in South Florida, Collier County', Monroe County, of course here in Miami -Dade, and really, it's a true opportunity to, you know, reduce the long-term risk. What -- you know, I'm not sure exactly how much time I have today, but I think I've got 13, you know, key slides. I can go in detail on each one and probably spend a long time, maybe up to 30 minutes. I can kind of give you the shorter version, in about ten minutes and then allow us to get into some questions. What would you like? Over. Vice Chair Russell: I would say if you would give us, Colonel, please, the layman's term version and we will ask for deeper detail if we are -- ifwe become confused. Commissioner Reyes: I agree. Mr. Kinsman: Okay, I will do my very best to -- and I mean, it's absolutely the army has got a complex civil works process, and I will try to put it in layman's terms. And -- and. first I roust say, I'm committed -- my whole team is committed to deliberate on this study and meeting the needs of Miami and reducing the long-term risks to coastal storm. We have broad agreement on three of the four areas of the proposed plan, and obviously we're working through the challenges on the structural features. So, we've City of Miami Page 107 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 listened, not only listened to the feedback from a lot of stakeholders that are in groups in Miami, but we've heard you as well. And so, what I hope to do is communicate the opportunity that exists and the flexibilities that are within the Army's civil works process. And I guess I know -- can we bring up the slides if they're available or is that something maybe Nick Halberg from my team can do? Nick Halberg: Yup. This is Nick. Yep, there you are. They're good. Mr. Kinsman: Okay, wonderful. So, if we just go to the second slide then and again -- so we are on track in all three of our studies, but we're talking, of course, Miami - Dade here for not only the finalization, what we call a chief of engineer's report in September '21, but more importantly, the congressional authorization within the Water Resources Development Act, WRDA of 2022 with -- which is a milestone. And that does get a -- put an authorized project on the books and it's a mark that stays until Congress decides to de -authorize the project. We, again, thank you for the feedback. We've had great input from across the board. And certainly, we have heard a lot about natural and nature -based features and looking for ways to incorporate that into our plan. But if we look at the long-term -- I'm talking the 70-year horizon or so of coastal storm risk to really reduce that risk, which is the federal interest -- it's going to take some sort of what I say, structural feature or structural solution. And if we look at that third bullet there, the civil works process, there's certainly flexibility within the process even after congressional authorization. Where 1 think we could've done much better, right, is communicating that flexibility. And as the Corps works across the United States, as you can imagine, every municipality or state has their own preferences. And we're essentially restricted by a lot to propose what's called the Net Economic Development Plan or the NED Plan to maximize benefits at the lowest costs. What that means is when we approach proposing a project, we look at what can we do for the least amount of money. And that is where we got to kind of you know, a bare -bones wall, but what we didn't quite communicate well enough is there's an opportunity for the Miami -Dade area to add enhancements to that structural feature to ensure that it does not disrupt the quality of life like Commissioner Reyes is referring to, but it -- that -- it absolutely fits in with what is representative of Miami, while simultaneously getting after those long-term risks. The challenge, right -- and if it's a challenge, we can do that in the design phase. But the costs of those enhancements really must be borne specifically -- just the added cost of those enhancements, walkways, bike paths access, you know, to the ocean. And so that is really the huge opportunity that I think exists. And so again, I will try and keep to my ten-minute or so timeline and not go into technical terms. But Nick, if you could go to the next slide. So, as we look at the recommended plan, it's about a concept design. A ten percent design where we get a feasible plan, a feasible concept that gets an authorization and then a lot of those betterments or enhancements can be worked during the design stage after the authorization by Congress. So, if the slide says we'll track it on three of the four areas, critical infrastructure, non-structural, and NNBF (Natural and Nature -Based Features), and then working through the challenges on the structural plans. The opportunity really is at the bottom of the slide there where, you know, protections can be provided, increased protection, not complete protection, right? So about 220,000 structures all throughout the County and we're really looking we -- how do we prevent damages to a future storm, really not a minor storm, but what we call the 200year storm, while also taking into account the projected sea - level rise and as we want -- in terms of the economic calculations, you know, that is about a $2.8 billion benefit per year and so a $6 billion project returning about $2.8 billion of benefits a year in damages prevented. At the bottom of the slide there, absolutely like the Riverwalk Design Guide that I've taken a looked at, my team has taken a look at, those components, those ideas can be incorporated. It's just the added costs obviously has to be borne by the sponsor. Nick, if we could go to the next one. So, if we look at just the feedback broadly that we received, you know, more engagement which we're certainly in the middle of doing. I'm looking forward to talking to Mayor Cava next week as the decision -maker, and I really appreciate all of City of Miami Page 108 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 the collaboration and dialogue that we've had, the community outreach that's occurred during this phase of the project and what will happen in the next phase of the project. After project authorization, when we're in the design phase, we will absolutely continue to partner and team with City and County authorities and do workshops to ensure that local interests and ideas are included. The fourth one down there, the Central and South Florida Flood Control Project, absolutely. I know that our sister district of the Corps of Engineers, Jacksonville is looking at that project and we want to ensure that the data and planning from those two projects works together. The Natural and Nature -Based Features we've talked about, and well get right into the next slide there, which is really the recommended plan. So, on the right, the, you know, seven focus areas that we developed with the County resiliency lead are depicted there. You see the total project cost and the smaller dots represent the Fire, Police, and Emergency Operations command centers. That's really the critical infrastructure locations identified Jrofloodproofing throughout the county. So, the details of the recommended plan there again in the lower left, critical infrastructure floodproofing for 200 plus facilities. I'll skip down to non-structural, so elevating about 5800 structures and floodproofing some, you know, 4600 non-residential, likely commercial buildings. The Natural and Nature -Based Features primarily in Cutler Bay and then, of course, the challenge that we are working through is the structural features there, the proposed surge barriers and floodwalls. And well go to the next one, Nick, as we look at -- on the left side of this slide really the -- at a 200-year storm, what the inundation mapping looks like. And then in the center there with the project, you know, what the -- very much reduced level of inundation looks like. So, I know that, you know, everyone is concerned about how cities change over time. And if you look at the opportunity that I think exists here is really the actions taken along the coastline and hopefully in concert, right? As we're talking about with the look and feel of Miami, but it won't just protect the Downtown Miami area or increase the protection more appropriately, but that protection will be increased up to 12 miles inland, you know, up the Miami River. So that is a really, I think, a significant thing that certainly, you know, the life, liberty, and not just the pursuit of happiness, but the protection of our citizens is something that all leaders everywhere need to take into account. On the right side then we've showed some peek storm surges, you know, from previous storms. The Dorian one, you know, is based off the storm surge that occurred in the Bahamas here recently. And again, thankfully, that storm, you know, did a turn away from the Miami area. And then the range of potentially the wall heights for the structural features, you know, in the different areas there depicted in the middle. And then likely the number of structures that each of those features really protect, so we're not -- again, I want to make sure that I'm communicating. And again, the Federal interest is certainly protecting or increasing protection to a large number of citizens across the county area. And I think that's -- the challenge is how we do that to really integrate to the look and feel of Miami. And so, as we've gone back, if you will a bit to our design guides as we collaborated with others, we wanted to, if we go to the next one, Nick, is really to show, you know, some examples of what, you know, could be. So just north of me here in the Commonwealth of Virginia is the Richmond flood wall along the James River. That is both a flood protection feature, but also as you know, recreational benefits as well. And you see the example down there from Vancouver BC (British Columbia), where you've got flood protection, but you also have some access to the water. So -- and the next couple of slides also show, again, what I think is feasible, you know, to be incorporated during the design phase. And in fact, these are -- you know some of the examples that really are out of the Miami Design Guide. So, where you have access to the water, where you have a more Natural and Nature -Based Features. And you have some great recreation area really that will help, you know, keep the look and feel of the area. So, the last one, Nick, I think we've got one on there as well. You know, it's a concept that was used in New Orleans as we -- the Corps has done a lot of the flood protection and storm surge work there since Katrina. And just an example of really what is possible. Vice Chair Russell: Colonel, sorry to interrupt. City of Miami Page 109 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Mr. Kinsman: Yeah. Vice Chair Russell: Could you go back -- Mr. Kinsman: Yeah. No worries. Vice Chair Russell: -- could you go hack one slide, please? So, these examples of public access show a wall but the wall in these depictions are not at the height that would be proposed by the Army Corps, right? Mr. Kinsman: That's right, sir. And so, you see -- let's go to upper left, you know, where the boardwalk is really at the height of the wall. And so -- or the structure feature, right? So that is -- again, the details obviously are in final design where spill material and the, you know, recreational path or you know, trees, et cetera, can be done on the boardwalk side and then you've got the structural features side as well. Vice Chair Russell: I apologize, I may not be being clear here. It looks in these images in the top left one that may be that wall, or the boardwalk is at about six NAVD (North American Vertical Datum) in height more or less and we're talking a wall of 18; I'm I correct? Mr. Kinsman: The range is there, sir, on the previous site, but that's, you know, that we're talking about, obviously a significant feature and we're able and we're going to go back and really kind of validate again, you know, based on the data that we have from, you know, existing sources that that's the height of the wall really or the structural feature that we think will reduce the risk of that 200-year storm. Vice Chair Russell: Understood and I'm not questioning the height needed to create that protection. I just want to make sure our residents, as they see this, don't get a misconception through the graphic that it is that low to the water if we were to build it at that -- at the height recommended. Clearly, we need a certain level of vertical protection, whether it's created through different shapes or geographic layout, whether it's a berm or a wall or a T-wall. But we do agree with you an infrastructure is needed and I think that's the crux of the entire exercise that we at least have that common denominator of agreement and I believe we do. I just wanted to make sure our residents are clear from a visual perspective that what's being shown in this graphic isn't necessarily the height of what would be considered. Commissioner Reyes: Also, ifI -- Mr. Kinsman: Yeah. Sure. Commissioner Reyes: If I may? Vice Chair Russell .• You're recognized, Commissioner. Commissioner Reyes: 111 may, Mr. Chairman, as I stated before Colonel, you see you have the other slides and you have pictures of other area and other places in the United States. Remember, our geography is totally different. Our geography and particularly in Downtown Miami on around the coastline. We have a beautiful view of the Bay that it's going to be, I mean, totally obstructed. And if it's going to be obstructed and you're going to have some elevations, as say you have here. That elevation is going to be just a sudden elevation, or it is going to be just like a hill, something that it is pleasant to the eye -- I mean, to the eye, and also, it's not just a wall. Like I don't know, you don't like my description or my comparison with the wall in Germany. But not just a wall going around our -- just I mean, around our city or our county. And which say that I mean extremely ugly but if I see here, I don't know City of Miami Page 110 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 you said application of enhancements is that is going to be like an inclination I mean, ongoing up or it's just going to he a wall with this, I would say, the boardwalk on top of it? I mean, It's not clear to me. Mr. Kinsman: Thank you, sir. Well, I would say that the enhancements here are really the opportunity that exists to take ideas from everyone in Miami, including your City and County resiliency team to look at the Miami Design Guide. And then as we look throughout the different areas where we're proposing the structural feature is to design what is the best fit for that particular area. And I think as you know, Commissioner Russell was talking about right, the wall to be effective and to really provide an increased level ofprotection, it has to be something that is significant. And so, you know, in the design phase, I think that's where really we'll be able to, with an authorization on the books, to design, you know, in a particular area, what is going to work. Commissioner Reyes: Okay. Mr. Kinsman: And protect the citizens and then what's also will be conducive for that area. Commissioner Reyes: I'm glad that you will find a different solution for different areas. That's wonderful. But now that you mentioned that, have you incorporated in your design the natural barriers that we suggested in our -- on our remember the renderings that we sent you that -- it is -- if it is feasible or possible. Right here, if you go back out of City Hall, you're going to see some artificial islands that were created, and then they were created to protect our marinas and protect our City Hall here. You see those are natural barriers that I understand and that it should be incorporated if possible. And I don't see any one of them incorporated here. And that could -- since you are -- you just stated that it could be different designs for different areas. You see, I respectfully request that be less obtrusive of the view of the -- I mean, our Bay view in wide areas such as Downtown Miami and around Bayfront Park and all those areas that we have -- that is part of the -- I would say it is that view is irreplaceable to rne. Mr. Kinsman: Yes, sir. No. I hear you and that's where, again, I'm trying not to speaking in my Corps of Engineers speak, but you know, that's where the challenge of every locality across the U.S. (United States) wants something that's specific to their area. And so, what I'm recommending is that while I think there's broad agreement as Commissioner Russell was talking about, is the need for a structural feature to reduce the risk of a large storm that someday' will hit Miami. And that, as we get into that, after the Congressional authorization, we get into the design phase, we can do something together. We can design -- Commissioner Reyes: Okay. Mr. Kinsman: -- something that is going to meet the protection requirements required by the Federal government and the Corps of Engineers study. And we can also design something that is aesthetically workable for Miami. Commissioner Reyes: Fantastic. Mr. Kinsman: And again, I want to be upfront with everyone is that where the Corps works across the Corps, those -- sorry, the Corps works across the United States, those additional requests for enhancements, the specific things that localities want, we can do that. It's just that that additional cost above and beyond what's authorized, you know, needs to be borne by the non-federal sponsor, or in this case, what I'm calling Team Miami. City of Miami Page 111 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Reyes: We can also lobby the Federal government to increase the allocation for the -- 1 mean to build this protective barrier. 1 mean, and then in the City of Miami and then because if you -- I think in the long run, we will benefit, and it will be better for the City of Miami because it won't be -- it won't affect the economic development and the development of our area and that's something that we have to be very concerned of. So, it is a matter of convincing the Federal government that we need to go on additional expenses in order not to damage the economic well-being of the area. Vice Chair Russell: So, Commissioner, if I could follow up because 1 agree with you completely, and when it comes to this cost issue, Colonel Kinsman, what is the typical -- what is an average, you know, cost of benefit ratio of a large Army Corps project of this scale? Mr. Kinsman: Sir, it honestly all depends on the type of project because they're all unique and certainly we need to have over one, you know, to be feasible obviously, but the -- there's some budgeting rules that each Administration approaches differently, or they look for you know, a cost -benefit ratio over, I believe it's 2.3, and you know, so we -- with this structural feature, we've got a pretty significant BCR (benefit -cost ratio) so -- Vice Chair Russell: Colonel, 1 apologize but let me just translate that for layman's terms. So, when you say a one, that means spend a billion dollars to protect a billion dollars, right? Mr. Kinsman: Right. Vice Chair Russell: And when you say two that means spend a billion dollars to protect two billion dollars, for example, as the ratio goes. In this case, we're looking to spend six billion to protect $40 billion. Have you ever seen an Ariny Corps project this efficient, this effective in terms of cost of benefit? Mr. Kinsman: Sure. I know -- I -- me, personally, no. But I mean, we've got a very significant BCR, and I'm sorry that number escapes me right now, but no. This is -- when I look at a $6 billion cost, a $2.8 billion annual benefit, right? So that's again damages prevented. I'm thinking about all of the residents in Miami -Dade County and what this could mean in terms of protecting livelihoods, homes, businesses, for again, the next 60 to 70 years. Vice Chair Russell: It's tremendous. It's tremendous and it's -- it would be a huge win for the Army Corps and for our local residents to have such an efficient investment of Army Corps money. But what Commissioner Reyes is saying, if it's that inexpensive, why couldn't the federal government spend a little bit more? Now -- Mr. Kinsman: No. Look -- Vice Chair Russell: -- this goes to our discussion of the NED Plan, and you have a mandate to be as efficient as possible, right? And so -- Mr. Kinsman: Yes. Vice Chair Russell: -- if you can achieve the same goal with less money, you are mandated to do so, and anything spent above and beyond that would be considered a betterment; am I correct? Mr. Kinsman: Yes, sir. You're on it. Vice Chair Russell: Okay. City of Miami Page 112 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Mr. Kinsman: You're doing a better job articulating it than 1 am. Vice Chair Russell: I have learnt a lot these last few years, and I really appreciate your patience with me. So, if -- and I think there's an assumption here and here's where I'm optimistic and encouraged. When I brought this plan and discussed the concepts and different ideas of berms, levees, gray/green, hybrid infrastructure, I was very happily surprised to learn that you all have a lot of experience with that. This is not new. We would not be reinventing the wheel. It's just where those systems have been appropriate and efficient in other areas. It seems that there's an assumption here that the concrete and steel T-wall would be less expensive than the berm or levee or gray/green solution in our area but maybe that full cost analysis haven't -- hasn't been done yet and we have some ways to go. My hope is that the gray/green hybrid solution, berms, levees, anything other than simply a wall they'll actually be as efficient or better than the T-wall in our location, in which case it would fit within the NED; am I correct? If thats the case and it achieves the goal, it has the same protection, the end height requirements are met, but we're able to create not about sidewalks and jogging paths and benches, but a gray/green hybrid infrastructure using green infrastructure, living shorelines, oyster reefs, some of the concepts we're about to talk about and it still falls within that same ratio, that same benefit -to -cost ratio, would the Army Corps be flexible in considering those concepts? Mr. Kinsman: Well, I'm certainly -- that -- want to be in a 21st century that's fairly dynamic. 1 want to be agile and flexible as well. So, you're absolutely right that we want to maximize benefits for the least amount of cost, right? And that's where every teammate, every municipality, Non -Federal sponsor in our Corp speak that we work with is going to come and say, we would like these things for our area. And so, when we look at how do we maximize benefits and minimize the cost and get to that project authorization, that's exactly what we're doing. When we get that authorization and we move forward, when in the design phase we can really, look at how we optimize the project and there is flexibility there and we'll do a value engineering process really to continue to validate the design. So, I should say validate the concept because it is hard in this struct -- or this -- in the civil works process is that we're -- we have a -- about a 10 percent only concept level to get to a project authorization and the details really, you know, end up coming out in that design phase. Vice Chair Russell: Thank you. Commissioner Reyes. Commissioner Reyes: Yes. Yes. I -- Commissioner Russell, I agree with you 100 percent and that we have to find the best way. You said berms, reefs, whatever it is in order to make this as I would say that not as harmful as a wall would be, but I also want to add to your statement about the cost analysis that has been done and that I have seen and excuse me, Colonel because I am going to go a little beyond what are your costs analysis is. Your cost analysis is based on the actual value of the properties that it is expected that this wall will provide protection to it but there's also cost. That's all explicit costs but there is an also an implicit cost that could occur if you built a wall that makes our shoreline or the buildings in an area less attractive and even there could be a decrease in price on their value or they should be -- could be a stop in development. That implicit cost should be also taken into consideration because that could very well damage our economy, sir. Vice Chair Russell: So, you're saying the wall could devalue the assets you're trying to protect? Commissioner Reyes: Yes. That's right. Vice Chair Russell: Understood. City of Miami Page 113 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Reyes: Yes, sir. Yes, sir. Because if you buy -- put yourself in this, if you buy an apartment right there on Biscayne Boulevard, that you have that beautiful view and not only if you are in a second, I mean, the tenth floor but at -- at street level, you see you buy that apartment there and then they build this wall in ,front of and -- in front of your apartment, I mean, just on the edge of the water and you are not able to have any view whatsoever but what you're looking at is a wall. A wall that if it and it is my opinion that the future of that wall is going to be a big canvas for graffiti. You see, you don't want to live there. You see, you -- I mean, that pad, must you pay for it? You see, you're going to be questioning yourself because one of the attractions that people have when moving to that area is the view of the sea, you see, and that is my main concern and that is that the implicit costs that I want to be included. 1 mean, I don't know maybe because of my training or whatever that but I look at all the costs. Vice Chair Russell: No. You're clear. Your analysis is very clear. Commissioner Reyes: And I want that to be incorporated and when we say the additional costs that is going to, I mean, represent having all the different barriers that you mentioned that I agree with it. That would be more than offset by this implicit cost. Vice Chair Russell: Interesting. Colonel, I apologize. We'd interrupted you in the middle of the presentation, so 1'd like to invite you to continue, please. Mr. Kinsman: Okay. Absolutely. No. I appreciate it. Again, 1 really appreciate the dialogue and 1 know that they're -- and I hear again Commissioner Reyes as well and I'm -- I can take a look into that. I also know there's a cost of being safe from storms. A cost of knowing that you have a level of protection and that is a hard thing to quantify, you know, as well and so as we look at, you know, the -- again, I'm not talking about what's going to happen in two or five years. I know the Downtown Development Authority, you know, did a study based on the ten years storm. What I'm talking about is an order of magnitude to give a greater, a much greater level of protection for not just downtown Miami but for the entire county. The 200-year storm event, which I think is significant. 220,000 structures receiving increased protection and so the ability to -- and it's -- I would say the Corp is not going to build something that, you know, the -- that Miami doesn't want. We -- this is our project and when we get an authorization, I hope we all celebrate and when we get into the design phase, we're all going to roll up our sleeves again and we're going to design something that works, you know, for Miami and it's a hard project. I think we know that. It's controversial but if we're talking about, you know, again, that significant level of protection and I'm excited and I think it's again, a great opportunity. Let's go to the next slide here or I'll just try to close out. So, we did assist layout. What we saw is the -- what could the future be with the Corps of Engineer actions in green, the Miami - Dade is the official sponsor in red, the public interaction and then how congress either provides that authorization or budgets funds. One of the things is we looked at those three areas of mutual agreement and the challenge on the structural feature as we are talking about prioritizing the work effort for non-structural natural nature - based features and critical infrastructure. Critical infrastructure being the county's number one priority, I want to just highlight the fact that as we look at the bottom on Congress and funding is that we have a -- the potential to receive funds next fiscal year to do some design effort on the county's highest priorities. And so that again is a significant thing. Notice that if we go up to the green the chiefs report is certainly a go and then in light blue, you know, we're hoping that Congress will authorize this project and once an authorization is on the books, when a storm hits, Miami is available to receive, you know, supplemental funding, which you know, in the past round of storms here three years ago, that's exactly where the funding for this study came from. The FY '18 Supplemental, a fully funded federal study and the design and construction can happen just the same way if the storm, you know, tracks again and City of Miami Page 114 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 then Congress deems it worthy to fund this particular project. So, for -- is there any questions on this timeline here? Vice Chair Russell: Sorry. Go ahead. Mr. Kinsman: Okay. And well go to the next one then -- Vice Chair Russell: Just a moment. I apologize. So, on that, the most important one here it seems is the light blue WRDA -- Mr. Kinsman: Yes. Vice Chair Russell: -- the WRDA 2022 project authorization. If we do not and the county does not meet an approval for a chiefs report before that time you simply cannot go to Congress. Congress simply cannot approve money and we miss that cycle; is that correct? Mr. Kinsman: Yes, sir. That's -- the WRDA has this -- the WRDA, Water Resources Development Act, WRDA has historically been at least for the last six to eight years, has been on a two-year cycle. There was about a ten-year gap back in the early 2000 's but -- so WRDA 2024 would be the next opportunity if-- if a chiefs report wasn't finalized before 2022. Vice Chair Russell: But if I'm not mistaken, between 2022 and 2024, if we miss the WRDA this round, we -- there may not be even funding to continue the studies to get to 2024; is that correct? Mr. Kinsman: So, that's -- and thats -- yes, that's correct in that the funding for this study came from FY '18 Supplemental Appropriation and again, fully funded federal study. Normally course, feasibility studies like this are cost shared. I think it's 50-50 with the non-federal sponsor and my team will certainly correct me if I'm off there but -- so that's a commitment, right? It's a monetary commitment where the Corps of Engineers, our experts, and the non-federal sponsor, the county in this case, experts, we roll up our sleeves and we say we got a three-year timeline, you know, let's get after it. Vice Chair Russell: Got it. So, what I wanted to establish is what your urgency is because your urgency in a sense, is also our urgency but we need to realize what parameters we have for decision -making because our public needs to understand -- Commissioner Reyes: Yeah. Vice Chair Russell: -- why is this being rushed in their mind and for those who haven't been following along for years, why is it do or die right now that we need to make this decision? And if you walk back from the 2022, the Water Resource Development Act budgeting point between the chiefs report, the State agency review, you need to get a decision from the county relatively soon. Mr. Kinsman: Yes, sir. Absolutely. So, by law, the Corp is required to deliver studies within a three-year time frame, and generally, the first year -and -a -half to two are spent at the district level, and the last about year is spent in review. And so, we are so close on this particular study. And really what we are needing from Miami -Dade County is the verbal support, which is where they want us to continue, and that is the - - in the second row there, the letter of commitment. Vice Chair Russell: Understood. Mr. Kinsman: And it say -- again, it's an opportunity and there's the -- to the City of Miami Page 115 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 flexibility, which is I think also a concern. What I've tried to highlight is, you know, here's the scenario. We push through, we get a letter commitment, we get the word authorization, we begin design on the three areas of the solid agreement. And there may be some more discussion that says, we would like to do another kind of a re -look at the structural feature. And that's possible. It would probably take a little bit more funding, but the county gets an opportunity to say in that design agreement, here's what we want you to focus on, and we mutually agree in that design agreement to focus the design effort in certain areas so -- Vice Chair Russell: I need clarification on that slide, thank you. Commissioner Reyes: I need clarification also, sir. If may, Mr. Chair? Vice Chair Russell: You're recognized. Commissioner Reyes: Okay. Listen. And when you go back -- if you go to FY '22. And on the fourth quarter you said project authorization. And then you have a line that goes on and it says, that's when Congress funds are available. I mean, would Congress budget funds when you go to Congress and you ask? But it says available for supplemental dollars. Is that the time that it -- the cost, that -- I mean, if we include everything that we wanted to include on it and that should be included, and it goes over budget that we ask for additional funds? Mr. Kinsman: Sir, 1 think it's always -- again you can lobby members of Congress on what that specifically means, that linkage between the project authorization in the Water Resources Development Act and then with Congress and budgeting available for supplemental dollars. It is the post -storm supplemental appropriations that occurred after Katrina, after Super Storm Sandy, and again after the most recent storms Irma, Irene, right, that's where Congress said we're sending a lot of money to go fix a particular problem or to address a particular problem. Commissioner Reyes: That was not my questions, sir. With all due respect, what I'm asking is this: If according to part I read here, excuse me, or maybe I'm interpreting this wrong, this graph here, is that fourth quarter of fiscal year '22 -- if we have -- and it says that the project -- it is a project authorization that projects should be authorized. And I'm -- what I -- when Igo and I cross it with Congress budget funds, it says available for supplemental in the way that I understand it this -- is that it had happened or it is typical that a project is over cost, and then you need supplemental funds from the -- from Congress. That's the way I interpreted that. Mr. Kinsman: Yes, sir that's not what that means. That again, that yeah, that means that if there's a super storm that -- and Congress decides to allocate money, then with the project authorization, the Miami -Dade Back Bay challenge and project can receive dollars. Without a Congressional authorization, no money is coming this way. Commissioner Reyes: Absolutely. I know that, but that's not my question. You're talking about a storm, that a storm happened. We're talking about a project that is being done in case, yes, in case that within the next 200 years, when a major, major, major storms happens. I mean, we know it could happen; it could not happen. You see, that's what we are -- you're -- we're protecting ourselves for a storm that could happen within the next 200 years was a major, major storm. But the way that I see this, you're always referring back to the storm. I'm saying that we're doing with -- this is a project with that had been, I mean, that is planned and had been drawn and been argued, blah, blah, blah, blah. But that project has a cost. And when you say project authorization here on a -- how to plan in 2022 and then you come down and said available for supplemental. You see, I just wanted to know if the project -- it doesn't mean that the storm happened. It is that you are doing a preventive, taking preventive measure for that, I mean, if such a storm happens by building a wall like you want to City of Miami Page 116 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 build, if you come down here in 2022 in the fourth quarter, once it has been authorized that it is possible to obtain additional funds if the projected cost was -- I mean, the actual cost is going to be higher than the projected cost. That's the way that I understand it. I don't know it is true or not. Mr. Kinsman: It's true. Yeah, I think I would -- I think so the way I'd answered the question, I apologize for, you know, that we're not as clear. If I look at when on a normal basis, could the -- could this project receive fiends. You know, as we go along the bottom row, we're going to recommend that the president, essentially our budget process gives us funds in FY '23. There's an option to receive funds in FY '22. And that is we look out in what's called the -- that's WP, the Work Plan. There is an opportunity after authorization to receive more funds to begin really the design, pre - construction, engineering and design stage -- Commissioner Reyes: Okay. Just -- Mr. Kinsman: -- to do the design. Commissioner Reyes: Just answered yes or no. From your experience that projects that had been -- that the -- that are -- the cost estimates had been below due to all the factors out of I mean, changes or whatever, below what was projected that those projects had been funded by the Federal Government. That, 1 mean, Federal Government said it's $2 billion. Now what -- it is your estimate, it's going to be to $2 million. But when you come back with the final drawings and with the final plan, it is not 2 billion, it's 2.5. And is that project thrown out or it is -- it has the possibility of obtaining the additional funds? Mr. Kinsman: Sir, there's the -- there is an opportunity to I think the project authorization, even after it comes in the award there's an opportunity to gain authorization for additional costs. Commissioner Reyes: Okay, sir. Okay. Thank you, sir. Vice Chair Russell: Very good. Thank you, Colonel, if you would like to continue with the next slides. Mr. Kinsman: Okay. And so, we just go to the next one there. This just lays down all milestones where kind of the progress that we made in green and what really is coming up in the future, which is the second agency decision milestone. We are hoping to do that you know, sometime it was -- hoping to get that done in 19 February. We do need to -- I'm going to talk about that with Mayor Cava next week and hopefully lineup a formal, you know, kind of decision on whether we're going to proceed, or we're going to take a different option path in early to mid -March. And it is the rest of those timelines really talk about we're finalizing our recommendation. We do push it out for State and agency review. And then our goal is the Chiefs report signed, you know, by the end of September. Vice Chair Russell: Thank you very much. Is that it Pr the presentation at this moment? Mr. Kinsman: Sir, I think that's it. I can honestly pen in any questions -- additional questions you have. Over. Vice Chair Russell: There will be, and with your indulgence if you've got a few moments, we'd like to share, and I know you've seen this before, but the public has not. What the private sector has come up with locally in some of the creative designs that we've been considering and proposing to see if there's any chance that these concepts, not these plans specifically, but these concepts could be incorporated. And City of Miami Page 117 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 so, I believe we have a representative here from Swire that is going to present this, I'm I correct? Please ask them to come up to the lectern and set up so they can do the video. The reason this came about, you know, we've been working on this for quite some time. The DDA created renderings and actually even hired a firm to help. Swire is within the DDA footprint and Brickell major assets on Swire -- on Brickell Key as well as Brickell City Centre, you know, they -- they came to the table and offered to help. And so, in working together with our staff, they hired Moffatt & Nichol who created a design concept not just for their assets obviously, but for the entire section from Brickell Key -- I mean, not Brickell Key, from Brickell Bay Drive on north, and what some of these concepts of gray green hybrid solutions could look like. And so, I'm going to ask them to present so that we put it on the public record. And then, Colonel, 1'd like to have a short discussion after that to see your thoughts on those and what wording you might be open to including in the initial report, that would open the door for those kinds of concepts instead of waiting until finding is approved and getting to the ped phase. If we wait until the pre -construction and engineering design phase -- well, I take that back. If we don't come up with flexibility, I don't know they will get to the pre -construction and during design phase, because we as elected officials, will not be able to face our residents and say that we approved the plan that only has the T-wall as the sole option, knowing even though that you have flexibility beyond. They want to see that we're approving something that at least has a road map of options. And so I would like to let them present now from Moffatt & Nichol please, and then we'll continue the discussion. Mr. Kinsman: Absolutely, sir. Sounds good. Vice Chair Russell: Thank you very much. Is somebody presenting? 1 need them at the lectern, please. Commissioner Watson: Mr. Chair, can I ask a quick question. Vice Chair Russell: You are very recognized. Commissioner Watson: And I guess, I don't know. Maybe Commissioner Reyes, when you look at the last grid, I know, the Army Corp is usually projects that take forever. Vice Chair Russell: Just a minute. Can I get IT to help please to make sure this is set up efficiently. Thank you very much. Go ahead. Commissioner Watson: Usually this Corp projects take forever. And so, I see what is WRDA funding in '22, right? So, I don't know if Commissioner Reyes was along this line, but clearly, as we look at this whole issue that we were trying to combat, this kind of resiliency and what have you. Because a lot of us won't be here if the big storm hits, for all practical purposes, that's usually how it works, but we're planning for it. So, my question becomes, are these projects as they're talking about to be implemented, are they looking at our total shore from the equal perspective where in it's just as -- it's the same and applying it integral, for example, as it would be along Edgewater, as it would be along Bay Point, is it -- Belle Meade. Is it the same sort of application because when I looked at the whole issue of this berm of 60 feet verses mangroves living seawall, I'm just trying to understand probably not as much as you, but how when residents say, why you're blocking us versus what they have down there. They're almost -- they will understand that we're trying to look at it from the best alternative as the experts look at and we're not now doing something willy-nilly. Is that a fair question to ask? Is it like looking at it, you know, from that perspective? Commissioner Reyes: Yes, it is. Vice Chair Russell: Absolutely. Is that a direct question to the colonel? City of Miami Page 118 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Diaz de la Portilla: Yes, please. Mr. Kinsman: Thanks, sir. 1 appreciate the question. 1 think that, you know, my personal opinion again as you look at the realities of increasing coastal storms, if you take into account sea level rise, you know, the United States, our nation needs to have a holistic approach. And again, that's my personal opinion. Where the Corps of Engineers has been tasked to do, again, these three studies in South Florida, it's those three studies working with specific, again, non-federal sponsors. And, you know, as to, you know, if we talk about working in a certain area and that area has finite boundaries, and then you look on the other side of the boundary, and know there's always, again, your -- can be some haves and then some have nots. And that's kind of the reality of the difficulty of reading a municipality and making decisions on, how do you in this case, you know, protect the greatest amount of people. And what we're, again, what I'm trying to do is really think about the long-term risk. And we don't know like the Hurricane Andrew, and I think it was 25 billion dollars in '92 damage. You know, we don't know when that next big storm is going to hit, the probability is 0.5 percent when you talk about the 200-year storm. But that's 0.5 percent chance that it could hit, you know, every year. And so, I do feel an urgency of knowing that we have sea level rise occurring, knowing that storms are more damage, I don't want it, and it kind of again, it pains me to hear you say Corps of Engineers, you know, projects take a long time. My team is moving with urgency. We want to do what's right for this area. And we want again, to get a project authorization on the books and get work started, but the right work, right? The work that works, you know, for the citizens of Miami. And again, 1 hope 1 answered the question there. Commissioner Watson: So, Mr. Vice Chair is this our East Coast Shoreline; am I correct? Vice Chair Russell: It is. Commissioner Watson: So, essentially, then we're for the most part, because all our rich friends, they live on the sea. They can do whatever they want to do. But are we essentially speaking to protecting three points? Wainright, Pace and then Morningside? Is that the three that we get charged with being responsible for? Vice Chair Russell: I wouldn't think of it as a park -by -park perspective there looking at it -- Commissioner Watson: I mean like the shoreline. Right. Right. Vice Chair Russell: Yes. Commissioner Watson: All right. Vice Chair Russell: So, they've analyzed Coconut Grove as well. Commissioner Watson: Okay. Vice Chair Russell: But because of the -- Commissioner Watson: Exactly. Vice Chair Russell: -- because yeah, because of the ridge that exist there -- Commissioner Watson: Exactly. Exactly. Vice Chair Russell: -- the -- we already-- there already seems to be some sufficient protection other than the actual homes below the ridge. But yes, this plan primarily, -- City of Miami Page 119 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 the part we've been focusing on concentrates on Brickell and Downtown areas. So, if you think from Brickell Bay drive on 15th all the way up to the Perez Art Museum -- Commissioner Watson: And it's going to be -- Vice Chair Russell: -- off 395. Commissioner Watson: -- and so then in all those different neighborhoods, the application of the alternative -- Vice Chair Russell: It is different in each one. Commissioner Watson: -- is different in each one? Vice Chair Russell: Yep. It is different. Commissioner Watson: The only concern I have on the last group, it really ties. The County is involved in it. Vice Chair Russell: They actually are the local sponsor, and we are -- Commissioner Watson: Yeah. That's -- Vice Chair Russell: -- not involved -- Commissioner Watson: -- and that's always an issue because they're, you know, we get charged with the stuff that they do. Vice Chair Russell: Yeah. Commissioner Watson: And that's not really kind of cool on our part. The legislative part of it, I guess at WRD. is that a reauthorization in '22? Vice Chair Russell: Yes. Commissioner Watson: So then that's kind of one of our legislative Washington priorities that we should already be in -- be on track with. Vice Chair Russell: Right. Commissioner Watson: Yeah. Vice Chair Russell: I am very thankful to the County though, for making sure we have been at the table the entire way. Commissioner Reyes: Yes. Commissioner Watson: They have? Okay. Vice Chair Russell: Yes. Commissioner Watson: All right. Vice Chair Russell: They've been very, very responsive to us and given us a lot of voice on this. So, I do feel a lot of cooperation, and that also includes the private sector. So, I'd like to recognize Mr. Blankenship, is it? We've never been in -person only on Zoom. So welcome to City Hall. And if you can introduce yourself you represent -- City of Miami Page 120 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Mr. Blankenship: My name is Tim Blankenship. I'm with Moffatt & Nichol. Our office is on 27th Avenue here in Coconut Grove. We're presenting today in association with Swire Properties, as well as with our design partners, EDSA, to contribute to the land planning on this conceptual design. Vice Chair Russell: So, you were contracted by Swire? This is not a government initiated or landed design that you have -- you've taken on? Mr. Blankenship: That is correct, however, all the steps along the process, Commissioner, we've been collaborating very closely with the county, with the Chief Resilience Officers of both the county and with the City of Miami, as well as yourself and with the mayor's office throughout this process, yes. Vice Chair Russell: Now, well, you have the floor. How much time do you need? Mr. Blankenship: Just five minutes. Vice Chair Russell: Thank you very much. Mr. Blankenship: Great. Thank you very much. So good afternoon, everyone. What an exciting opportunity to really look at alternatives. The Corps of Engineers has done a tremendous amount of work. You heard from the Colonel here this afternoon. And our purpose today, is to discuss some alternatives that still meet the structural context that the Corps of Engineers is promoting. And today, our study context area is primarily focused on the Brickell Bay Drive area. Now the Corps of Engineers, their study in this part of the 3 by 3 study, they focused all the way from 395 south down to the very southern end of Brickell Bay Drive. So, our focus is going to be around Brickell Key as well as the area along Brickell Bay Drive. And that's where these concepts apply to. As you go further to the north, the Corps of Engineers has proposed a wall to be inland actually along Biscayne Boulevard and continuing north all the way to Maurice A. Ferre Park; as we show here in the left graphic. Our design philosophy, we want to promote several lines of defense. Instead of the wall -- and again, these are concepts. These are options that are being evaluated. And we are promoting a hybrid storm surge flood risk approach for Back Bay to include Brickell Bay. We want to promote what's called NNBF, Nature and Natural -Based Features, as they also account for resiliency. So, we want to put together this hybrid holistic approach that's science -based, sustainable and it is adaptive. You know, there's a lot of unknowns. All of you looked at the curves for sea level rise, and the further you get out, even 10, 20, 30 years, is quite a bit of disparity and inaccuracies. Also, our options are going to focus on limiting the over -topping and as well as accounting for stormwater considerations. If you look at the TSP (Tentatively Selected Plan), the options that are being considered by the Corps of Engineers, is they leave it up to the local sponsor to address stormwater considerations. So, here's a cross-section. This is what our -- what we were proposing, and it is still a structure, but it's a series of structures. If you can consider that on the very, left of the screen is an oyster reef and again, our project is going to go out into the bay as is the Corps of Engineers wall solution. But this concept is going to be self -mitigating. We're actually creating habitat. But in each element of the proposed berm structure, and the Corps of Engineers is very used to this terminology, the dykes, the berms, the revetments. So, our first line of defense is this oyster reef we convert into a re -vetted and armored revetment and then that eventually we'll do a living shoreline approach, will be planted with mangroves. Then you go downs continuing to the right where there's going to be a vegetated wetland area, which is going to help with stormwater treatment. Again, we want to dissipate the wave energy and limit the wave over topping as the wave propagates over this structure and then towards the Brickell Bay Drive area. And you can see where the people are standing there, there's actually a wall. So, we actually do have a wall structural component into this -- into the system. But there's many, many City of Miami Page 121 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 opportunities here that's going to be self -mitigating. We're going to be promoting public access now. Remember, the Corps of Engineers, as part of their assignment and Alan Dodd, with your resiliency chief has been helping educate everybody. We need to really focus on that this is a -- still a structure, you know? A dyke is still a structure. While we're showing some of these amenities and some of these improved public access areas and the river walk -- I'm sorry, the bay walk on top of the berm, it's still very, very much a structural solution. We also have done just some very, very rough order of magnitude cost estimates. And we've estimated that this option is actually going to be cheaper, more economical per linear foot with -- which helps with your cost -benefit ratio justing the project. I mentioned the word adaptable. So, the TSP is estimating sea level rise of 39 inches out to 2079. So, this gives us an opportunity to -- and you know, as a science continues to be developed and we have a better understanding of how sea levels rise, we can raise the berm in the fixture, we can raise the walls and further adapt. You know, maybe it's not as bad in 2079, but this gives us -- this type of structure and this approach gives us quite a bit of flexibility. So, this is a typical cross-section. And here it is in plain view. And so, what you see is the very bottom of the screen are these oyster reefs. Now if you can envision that working with EDSA and Swire, you know, our intent, our design is, is try -- to try to restore the Biscayne Bay waterfront to very much of it's historical look with mangroves, with green areas. And what that does is it presents us opportunities to again treat the stormwater. Many people are -- the Biscayne Bay taskfbrce just completed their report on water quality. So, this design is really going to help with stormwater treatment. This design also opens up a lot of funding opportunities for -- for -- for the bay walk, for waterfront access. But it's -- it's really a hybrid approach providing structural solutions and adaptability towards -- and also presenting an aesthetically pleasing design concept. These are just some 3D renderings showing again to the left of the screen the oyster reef That initial, call it a speedbump, that starts to dissipate the waves and the incoming storm surge. Then you have your berm and again some opportunities for the bay walk and public access. So, this is under sunny conditions. But during a storm event, we can actually have deployable flood barriers that you see at the very back, they're in orange. Let me just go back to that slide here. So, this is on the sunny day here in Miami. And then we looked at the storm conditions with the rise in the water levels. And then you see these deployable barriers. These barriers can also be deployed in front of the buildings but -- so it gives kind of the same concept, the same design approach as the wall. It meets the sane criteria, and it achieves the same purpose, but it's more aesthetically pleasing. So, in summary, we had some very good meetings with the county -- with the Corps of Engineers this week. In summary, the request from the county is that these types of concepts, these alternatives, these NNBF systems are incorporated into the text of this report so that the Corps can still meet that September 2021 deadline. We've also included some samples. In the last meeting we had with the Corps of Engineers and the county their national director participated in that meeting and the Corps of Engineers is trying to adopt some of these nature -based solutions. So, with that, I'll -- that's the last slide. Commissioner Reyes: Thank you, sir. Vice Chair Russell: Thank you, Mr. Blankenship. Did you have a question for --? Commissioner Reyes: No. I want to reiterate that I am totally sold in solutions like yours, to listen like the ones that were presented at DDA, that Ion convinced that it could be done. It can be done. And I know the Army Corps of Engineers is capable of coming up with solutions like that. I know they are. They are very professional. They're -- I mean, and I know they're capable. And the only thing that I've been asking since day one is to try to find this kind of a solution that's going to help. I mean, it's going to -- it's going to -- you're going to achieve what the objective is to protect. from storms that might happen 200 years, from now on the storm search. But it's going to be done in a way that instead of taking from the city, it's adding to the city, you see? City of Miami Page 122 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Because by using this, 1 mean and 1 mean what we have seen on the ones, on our renderings, what we are doing. We are enhancing, enhancing our coast, you see, and our view of a -- of our residents, you see? And also provide them with places to walk, and meet, and all of that. Ride bicycles, whatever, you see, instead of having a wall. And congratulations, sir. Thankyou very much. Mr. Blankenship: Thankyou. Commissioner Reyes: And it seems like I am at the same wavelength as you are. And I know that the Army Corps of Engineering, they are capable of doing that and it's -- and you know, and they will come up with some drawings that our Commissioner Russell is going to be very happy with. Don't you believe so, Mr. Russell? Vice Chair Russell: I'm very optimistic here. Commissioner Reyes: I'm optimistic myself. Vice Chair Russell: We must be. Mr. Blankenship, if you could stick around for a little bit because we may have some questions on the images that you've shown. But I'd like to thank Moffatt & Nichol and especially thank Swire for funding your work and contributing to the community in this way. These are the kinds of thoughts that get us some place. We could've so easily just said no. Right? And I really believe that we're hopefully getting yes. So, that brings me to you, Colonel. Is if you could erase from your mind all of the images that include bicycles and benches, and just from the infrastructure perspective, do these concepts seem to be feasible to you within the Army Corps' scope? Mr. Kinsman: That's a great question and I certainly' appreciate the presentation. I'll note, you know, that Mr. Blankenship mentioned the word design a few times which again -- well, I think that and then also Commissioner Reyes has used the term enhancements a few times. So, I'm lining up those two things and saying that we can definitely, you know, consider those ideas. And the challenge of you know, identifying what can be built. There's a lot of opportunities. It's just, again, maximizing benefits, minimizing costs is really the federal interest. And so, a lot of the great ideas I think, you know, could be incorporated at the cost of the -- you know, borne by the county. And again I'm -- I would love to be able to say, yeah, the federal government can pay for it but I'm absolutely prevented, you know, from doing above and beyond what is the NED cost. I do think that, I mean, it looks great, right? That looks like a great presentation. I don't think that the islands are going to stop the storm surge, right? But they're going to disrupt it a bit. But when we're talking about a -- the 200-year storm, water is going to go right around, you know, those storms. I -- so I guess, so you -- I think initially, Commissioner Russell, you talked about is there language that we can incorporate in a final core report that talks about the City's desires for enhancements and to look at that collectively in the design phase? Absolutely. Vice Chair Russell: Just a moment. No. I think we're not on the same page yet because I want -- my first thing to say is please ignore the parts that would be enhancements, betterments, benches, sidewalks, everything that looks like a design portion of it, and just to the infrastructure portion of it all. Becau -- alone, because you did present a T-wall in your initial draft of the report. And so that shows one physical infrastructure concept. And aside from the betterments and the enhancements that are in these designs, if you could just look at the concept in not necessarily their berm as it per se or the islands per se, but a berm or a levy system instead of a T-wall and utilizing some green and gray hybrid, if it came out at the same cost or less than the T-wall, would you be open to considering it not at the ped phase, but at least talking about the option of including these concepts of infrastructure in addition to the T-wall? Because I think that's what gets us to yes. If we can say T-wall's on the table, other concepts are on the table as well, as long as they achieve the goal. We're not City of Miami Page 123 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 saying go lower or don't do it in a way that's as efficient, it still has to achieve the job you need it to achieve. And it has to he as inexpensive as the wall or less in order to meet the NED and come in under and before the ped phase where the county portion comes in, and any additional betterments and locally preferred plan. Is there any wording that you would be willing to include in the report which would open that flexibility now, not at the ped phase, but in terms of considering these infrastructure concepts? Mr. Kinsman: I think so. I think we would want to consider all concepts. And I think that when, you know, just to look at the real estate aspect of the -- again, going to the federal costing and authorization of the real estate you need for a structural wall. And then if you look at the two -berm option there, it looks like that's a lot more real estate that's needed. So again, we'd be interested in seeing the cost data behind Moffatt & Nichol and what is their proposal and what assumptions that they have there as well. I think that would help us, you know, better understand what their concept is. And then, you know again, Value Engineering I think, would be able to take a look at it, you know, their proposal as well and see what the -- what it would look like for, you know, a longer period of time for the entire length of what our -- our proposed plan is n011'. Commissioner Reyes: Make one thing perf -- clear. When I said enhancement, I didn't mean enhancing the T-wall. But I'm saying that it enhances our coast. Our coastline by having the way that --1 mean it was presented by Swire. It looks much better than what we have now, and it is -- could be used by residents also. And it could be -- I mean, the protectors. The -- whatever you were building to protect the coast, you see, enhances the coastline instead of having a T-wall over them that -- what it does it would be very detrimental to the area. That's why when I said enhancing because it looks better. It looks a lot better. And if it serves the purpose, I don't see why we shouldn't do it. Definitely, if it serves the purpose -- the main purpose here -- what is the objective? The objective is to protect the buildings that are close to the water, right? Well, if we can do it by building a T-wall that it is horrible or we can do it by other means that makes our coastline much better looking or we can more useful also. Vice Chair Russell: See it's not just about the look, Commissioner. These solutions are more ecologically -- Commissioner Reyes: Ecolo -- I'm sure -- Vice Chair Russell: Flexible -- Commissioner Reyes: I -- Vice Chair Russell: I'm with you, I'm with you. I'm not disagreeing with you but it's that plus, plus, plus. There's so many reasons to do this beyond the aesthetic. Commissioner Reyes: That's right. It's -- it goes beyond that aesthetic, because it is ecologically -- I mean, more beneficial. And also, by them -- for the residents, it is more useful because it enhances -- it presents certain amenities that you can go and walk and that you can buy a bike or you can even sit on, and watch the sea, you know, whatever you want, you see? And I think that we should have to find a solution. Mr. Kinsman: Well, those -- it's not just -- and it's not just the buildings close to the water as well, right? It's all those -- the protectionist. The increase protection provided, you know, to a very far degree in one, you know, up to -- again up to 12 miles up the Miami River. So those features and whatever is built, right? In terms of -- again, I wanted to be aesthetically pleasing. I wanted to .fit with the environment of Miami. I know that we can do that. The challenge is that the -- those -- again, the enhancement costs that may get look, you know, aesthetically pleasing. That City of Miami Page 124 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 additional cost where is got to be borne by the non -committal sponsors. The -- we can get the yes for sure. There's some more -- definitely came up with Moffett & Nichol and again, we're willing to take a look at any data they want to share. But we've also got to he able to calculate costs on, you know, what their proposal is. Commissioner Reyes: Okay. Vice Chair Russell: Thank you, Colonel. But I don't mean to be rude, but let's talk turkey here. I -- we can come to an agreement here in a way that puts us on your side in this longer -- we got a path ahead of us. The county is pushing for a waiver. And at this moment we support the county in that waiver because we don't see a plan yet or even an option for a potential plan that would be acceptable to our residents and stakeholders. But we're going -- we're really stretching to try to offer solutions that if included, could bring us to be supportive and give comfort to the county to let go of the waiver and move ahead. Now, it's not just us involved. There are other cities who may oppose and may support. But you want to have as many supporters on your side as possible. And I think we're close because I hear you saying, of course, we can consider these things. But you're considering them as locally preferred plan or enhancements and betterment down the road at the -- the planning design phase. We can't be supportive unless we hear or see in writing some way in openness. You don't have to commit to it because the cost analysis hasn't been done yet and we can't give you that now. And that would be in -- within your expertise anyway. But what I need to know is if that costs analysis comes in below your most efficient NED level pricing, can you consider it and not the aesthetics. Simply different concepts of great green infrastructure as you have done in other parts of the country. Commissioner Reyes: Okay. Mr. Kinsman: So, I think the answer to that is yes. I mean, I think if based on our, you know, costs data that we have now and if there's other approaches, you know, that result in the same amount of protection at a least cost. Absolutely. I think the language, right? That -- I think, right? That we can look at, which will do. I think the county and others comfortability that the Corps willing to look at those different options. I think we can absolutely do that. And again, I'm just -- I'm -- certainly before we got some experts so we can figure out the language and reach an agreement, I think, and I do want to make a long-term impact and reduce risk. So, I think there's some tremendous opportunity. Vice Chair Russell: Thank you, Colonel. If I could reach through the screen and shake your hand, I would. But instead, I would like to thank you. I would like to proffer a reso (resolution) because I believe this will be your goal between now and meeting with the county is to come up with that wording in a way that is acceptable to the Corps for their report submission, but that is also acceptable to the county in what they need to have that flexibility of a hybrid solution. And it isn't a commitment to any costs beyond what you were already estimating within the NED bounds of the T-wall. But if we're lucky and some of the folks we've spoken to believe that the costing will come in less, we may, have a very mutually beneficial solution here that we can all call a win for Miami and the region. City of Miami Page 125 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 DI.4 DISCUSSION ITEM 8440 A DISCUSSION ITEM REGARDING THE GIFT CARD PROGRAM. Commissioners and Mayor MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item DL4 was deferred to the February 25, 2021, City Commission Meeting. Vice Chair Russell: We have discussion items and then we are done for the night. So, we have DI.4, 5 -- just 4 and 5, I believe. This is the gift card program and the engagement waiver for Mr. De Grandy. Todd B. Hannon (City Clerk): Chair? Vice Chair Russell: Yes, sir. Mr. Hannon: We also have the -- your pocket item from the American Rescue. Vice Chair Russell: Thank you. We have all the pocket items. Mr. Hannon: D5 (District 5) discussion development agreement and the Mayor's pocket. Vice Chair Russell: All right. Let's' get through the discussion items then we'll do all the pockets. Gift card program. Who is that? William Porro: Good evening, Commissioner. William Porro, Assistant Director of Human Services. Vice Chair Russell: Are you here to discuss the gift -- this is actually a discussion item by Commissioner Carollo. Mr. Porro: Yes. Commissioner Carollo: Okay. How much money was left in the gift cards program? Mr. Porro: In total, about $700,000. A little over 700,000, sir. Commissioner Carollo: A little over 700,000? Mr. Porro: Yes, sir. Commissioner Carollo: Okay. Do we have that money? Did we give it back to the County or --? Mr. Porro: No. We have it as part of the allocation. Commissioner Carollo: All right. But it was supposed to be until December 31st. Did it. finally get extended? City of Miami Page 126 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Mr. Porro: That's correct. That's what -- that's the plan 1 was working on. December 31 st. Commissioner Carollo: Right. But my question is: Did it get extended, the timeline? Mr. Porro: Officially, I'm not aware of it. I was working the entire time on the December 30th. Fernando Casamayor (Assistant City Manager/Chief Financial Officer): Good evening, Commissioners. Fernando Casamayor. I believe the County did pass a resolution that extended the program to -- and I believe it's September 30th. We haven't gotten the interlocal -- the amended interlocal agreement from the county yet. Hopefully, we'll be getting that very soon, which we have to sign an order to agree to the extension. Commissioner Carollo: Okay. How soon do you expect that to happen? Mr. Casamayor: I'm hoping we get it by next week, sir. I will follow up with my friends at the county to see if we can get it -- as soon as we can get it. Commissioner Carollo: Okay. How quickly can we start getting some, well, let me rephrase the question. Out of the money that's left, are we getting equal shares or -- Mr. Casamayor: So, there are some Commissioners that utilized the entire allocation that was given to them. Some did not. So, it's up to the body what you want to do. Commissioner Carollo: Well, I think what we have said before, if anyone did not utilize the entire batch it would go back into the pot. So, you know, some that were able to get theirs out quicker should not be punished for that. And that was made clear back then, including on monies that had to do with the business side and helping business. We had said by such a date. If not, it goes back to the pot. So, can you figure out how much is going to be allocated to each of us as quickly as possible so we can move onto this next phase? Mr. Casamayor: Sir, you would like us to take the remaining balance, the 750,000 more or less, and then spread that out with the same CDBG (Community Development Block Grant) split that we did before? Commissioner Carollo: Yeah, and each member of the Commission right now. The -- was there any monies left having to do with businesses? Mr. Casamayor: Yeah, on the business grant, I believe, there was about $12,000 that was left on the table. Commissioner Carollo: 12,000. Okay. I should get that because I got cheated out of $20,000. They (UNINTELLIGIBLE) in my district, it was from yours. Commissioner Diaz de la Portilla: Or shift the 12,000 to the gift card program. Just take it from there, right? Commissioner Carollo: But well -- actually what we have said before was different, so we're making sure it's -- Commissioner Diaz de la Portilla: Yeah. Commissioner Carollo: -- where it should be. Yeah, well we -- but you are right. It should go to the gift card program. We got more monies, I think coming from business from the feds, whereas it's not so sure we're getting. for this kind of activity. All right. City of Miami Page 127 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Mr. Casamayor: So, with your permission, Commissioners, what we would like to do is scrub the number to make sure the amounts that we have are completely accurate. We're still going through the invoices for the gift cards, so we wanted to make sure that we have the accurate number. We don't want to overspend if we can avoid it. And then once we have that interlocal, we would like to come back to the vol -- to the body with the distribution of the amounts left all onto the gift card program, and then we can bring it all kind of in one piece, if that's okay. Commissioner Carollo: Then here's the resolution I'd like to make. The resolution instructing the Administration to put whatever monies are left, including the 12,000 whatever it is for business, all into additional gift cards programs, and whatever amounts each Commissioner wants to get it at, and for them to be divided, since the amounts are very low now, between each Commission district only in whatever percent, which will be 20 percent each. Mr. Casamayor: Yes. Understood. Commissioner Carollo: Okay? Is the motion of that? I'm going to make it a motion. Commissioner Reyes: I second. Commissioner Carollo: Okay. Second. Commissioner Watson: Discussion. Vice Chair Russell: Is the motion to second open for discussion. Watson. Commissioner Watson: Let me get a -- I want to find out real quickly it was distributed differently before. It was distributed based on the -- (Anti-Poverty Initiative). So, did we all because I had no idea it was was those numbers now in the final tally. I thought it was 12. Commissioner Carollo: I didn't know either I was surprised. Commissioner because I know I guess the API at 700. So how Commissioner Watson: I'm shocked. And of course, I thought I gave out all of mine. Please help me understand. Mr. Casamayor: So again, I'm looking at -- and these are unaudited numbers, so, you know, I'm looking at District 1 that has about a $191, 000 that was left. District 2 with $279,000, I believe. District 3 with $99,000. District 4, zero; you went through all of it, sir. And then about 360 on -- in District 5. Commissioner Diaz de la Portilla: That's a lot of money for you, Commissioner Watson. Commissioner Carollo: How come we were being told at the time -- Commissioner Watson: Yeah. Commissioner Carollo: -- differently that, you know, we had no money left. That's what I was getting from my staff. That they were speaking to you, and we were being told we had no money left. We spent all we had. Now I'm hearing differently Mr. Casamayor: No. So again, we have -- we still have the 700 and change leftover and those were allocations of -- for gift cards. It was allocated -- we allocated a gift card program three times. The original allocation. We had a second allocation, and City of Miami Page 128 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 we had a third. The third one happened almost -- Commissioner Diaz de la Portilla: December 26th. Mr. Casamayor: Yeah, almost at the end of the program. We -- I mean, we ran out of time. We didn't necessarily run out of money; we just ran out of time. Commissioner Carollo: The third one was for what again, remind us. Mr. Casamayor: It was around December 26. Commissioner Carollo: What was the allocation for? Where did the money come from? Mr. Casamayor: We took money out of the business grant program and put it into the gift card. Commissioner Diaz de la Portilla: What we need I think it was 1.6 or something. Mr. Casamayor: Yeah. Yeah, something like that. I'm trying to look at it here, but I'm not wearing glasses right now, so -- Commissioner Diaz de la Portilla: I think it was -- Commissioner,1 think it was 1.6 or 1.8 that was done last minute because the business program wasn't working or there was not time for it. Mr. Casamayor: 1.2. Commissioner Diaz de la Portilla: I'm sorry. I stand corrected, 1.2. Commissioner Watson: So, Fernando help me in a sense because I remember that move, right? So, these numbers that you're now saying was not done, this now is also an addition to the 700? Mr. Casamayor: No, no, no. This is the 700 and that's broken out by district based on the numbers that I have right here. Commissioner Watson: So yeah, because I mean, clearly, I didn't know I had 369. I was under the impression I'd given out everything. Mr. Casamayor: Right -- no. Well, it's not -- Commissioner Diaz de la Portilla: But Commissioner, you may not have it yet. Don't count your chickens before they hatch. Commissioner Carollo wants to split it up. Commissioner Carollo: What my staff is telling me is that you guys couldn't get the cards to us on time because the allocations came in late, so is that that we weren't willing to spend it. I don't know how Commissioner Reyes did it. I complement him jro it, but we can get cards big enough. Maybe they, you know, took from you to give someone else, but -- Commissioner Reyes: No, no. We're -- we did it, you know I mean, we got to the people and then we then distributed around 4,000, I think, cards Commissioner Carollo: But what I mean is that maybe the cards there was only a small amount left in the merchants we're dealing with. Maybe you got those. Maybe they had a certain amount that they had bought and this probably what happened. That you were able to get to those .first because you were doing a good job getting City of Miami Page 129 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 them out and they couldn't get any more cards with the merchants. Commissioner Reyes: 1 think that the -- I got the same amount of cards as have anybody that was using $250 that I got. I kept giving -- instead of giving a 100 and all different denominations, I kept the $250,000 -- I mean, the $250. And they said we are going to allocate so much money to you. I said, give me the same amount of money that we started with. And that's how I did it. Commissioner Carollo: Remember we brought it up to 350 -- Commissioner Diaz de la Portilla: We bought it from 100 to 350 on December 11 th, I think. I didn't start my problem until December 11 th, December 12th I had to wait until the day after we passed the resolution. Commissioner Reyes: I said mine, I don't want 100, I don't want 50, I don't want 150. I want the same amount. And I was very uniform because my opinion that it wasn't fair that I'd given 250 to some people and then I'm going to start giving somebody a 100. And so, I said I'm going to my allocations have to be 250. That's why I get it. Commissioner Diaz de la Portilla: I think you have proven that you are by far on this program, the most efficient Commissioner. Commissioner Reyes: Oh, thank you, sir. Commissioner Diaz de la Portilla: So that means that you don't get any money today. That there's always a good side and the bad side to every story. Your efficiency -- Commissioner Reyes: But Commissioner Carollo says you shouldn't be penalized or being efficient. Commissioner Diaz de la Portilla: And I agree on that. Commissioner Carollo: I did. I said that. Mr. Watson has a different opinion on that. Mr. Casamayor: I just want to add one of the issues that we did have is yes, the holidays was another situation that a lot of gift cards are typically purchased during the holidays. We got the allocations on the 26th. Well, we reached out to some of the smaller supermarkets and some of the other vendors that we were working with, some of them were scrubbing the shelves to pull gift cards' off in order to get them done. So, it was tough to get them in fast enough by the time -- I didn't want to order them and have them come in on December 30th because there was no way we were going to be able to give them out. We really had no indication that this would have been extended, that the time would have been extended on the program. Commissioner Watson: I think I'll take my 191 and run with it. Commissioner Watson: I'm going to take my 370 and run with it. Commissioner Carollo: Jeffrey, how would you like to do it? Because truly, even though -- because of how we based we were breaking it up, you've got the most money. You also have the most poor in your district and at the same time, you have another handicap that no one else had. No Publix. Commissioner Reyes: That's right. Commissioner Carollo: Barely no Presidentes, only one out of the outskirts. No Sedanos, no Winn -Dixie. I mean -- City of Miami Page 130 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Watson: No, no, no, no, no, no, no, no. That's not no -- that's not completely, accurate. 1 have a Winn -Dixie and I have Bravo, and 1 negotiated with Fernando and went to these guys, beat them up and they were happy to be a part of the program. But I'm shocked now to you, Commissioner, because I don't how I was given out all of this money. So now -- see people listen to numbers. They're going to say, would you do with the money? I didn't do anything with no money. I gave a colleague some because they didn't have -- they wanted some extra cards. And I'm thinking I got $369,000. I mean, so -- and also, Mr. Mensah's around -- I have businesses who went unfunded because there was no business money because I guess nobody thought that was going to happen. And so, I have about ten businesses that was not funded. So, I'd like to have my 369. And when those businesses subject to they been approved by Mr. Mensah -- Commissioner Carollo: 1 have no problem in doing that. And then we could divide into four the remaining monies. Commissioner Diaz de la Portilla: Well, that's not fair because -- I think we take it all from Commissioner Russell. He's got 262, and he's got the richest district. But no, we use the API formula that we use. Commissioner Watson: I'm sorry, I'm sorry because I don't remember these numbers. Commissioner Carollo: Well, I'll rephrase my proposition. For the remaining money outside of the District 5, we'll break it up in the same way as we did before. Commissioner Diaz de la Portilla: Yes, sir. Commissioner Carollo: And we put it all together and break it up in the same way as before. Commissioner Watson: Thank you. Commissioner Diaz de la Portilla: That's fair. Mr. Casamayor: So, just to get it clear, you'd like us to exclude the balance that we have for District 5? Commissioner Carollo: That's correct. Mr. Casamayor: Take the rest of it. Commissioner Carollo: And I think we should put as a caveat the following, that it could -- whatever monies each Commission district's going to get, the district Commissioner is going to have the ability to spend it as he sees fit either in business assistance or in additional food cards. Mr. Casamayor: That's fine. As long as it's one of those two programs, I don't have an issue with it. Commissioner Carollo: You said three -- you said 360 that are left -- hold on. Let me figure this out. I want to get the right numbers. You know my brother was -- is the CPA (Certified Public Accountant) in the family, but I work numbers a lot better. Let me -- Commissioner Reyes: We got to go back. If we want to go back to distributing gift cards, I think I'm going to lose my office. They really worked hard. Commissioner Carollo: Yeah. But you got some time now. It's not like before. City of Miami Page 131 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Reyes: My whole office is going to quit. Commissioner Carollo: Okay. Hold on. Commissioner Reyes: They was day and night, day and night. Commissioner Carollo: Yup. It was difficult. Commissioner Diaz de la Portilla: We are not proposing that. Hold on, hold on. We're not proposing that. What you -- what 1 understood, Commissioner Carollo, is that if he gets his money, that we split it the same way. We can't all of a sudden, give people who already spent their money more money because it's not fair to the other districts, including Commissioner Russell's district and my district, which is probably the second poorest district, which is entitled to 191 that was not spent. Commissioner Carollo: No, no, no. You're, I think, the -- I don't know if you're the second or third. What is the count on the districts? Mr. Casamayor: I'm sorry. What was that, sir? Commissioner Carollo: What is the count on the districts, on the poorest districts? Commissioner Russell's the poorest, then comes -- Commissioner Diaz de la Portilla: The richest. The richest. Mr. Casamayor: No, no. District 5 would be -- Commissioner Carollo: Which is the -- Watson's district? Mr. Casamayor: Right. So, I believe that District 5 has a 26 percent allocation. District 3 has 16.2. Commissioner Carollo: Yeah. Mr. Casamayor: District 1 has 15.9. Commissioner Diaz de la Portilla: Close. Commissioner Carollo: You stand correct, right? Commissioner Diaz de la Portilla: Yeah, by point three. Commissioner Carollo: You stand correct, right? Commissioner Diaz de la Portilla: Yeah. Commissioner Carollo: Okay, thank you. Commissioner Diaz de la Portilla: It's a rounding error. Commissioner Carollo: You don't have to go any further. Commissioner Reyes: You're leaving me out? Commissioner Diaz de la Portilla: The issue -- Commissioner Carollo: No. No. No. No. City of Miami Page 132 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Diaz de la Portilla: The issue -- and because we shouldn't treat one Commissioner different than other Commissions, the issue is the monies that were leftover -- and we have numbers of those dollars that were left over, including Commissioner -- that were not spent in the original allocations that were given in the API funding. Fair is fair. The original formula should be the formula. Commissioner Carollo: It is, but there are penalties sometimes. Commissioner Watson: Yeah. Well, no. Because, for example, in my case -- Commissioner Carollo: You know how Monopoly goes, right -- Commissioner Watson: And -- Commissioner Carollo: -- do not pass go and do not get $200. Commissioner Diaz de la Portilla: In my -- I think Commissioner Reyes is okay with not getting anything? He was so efficient. He was so efficient. Commissioner Carollo: That happens. But that -- but -- Commissioner Reyes: Listen. If that was so efficient, why don't you give all to me? Commissioner Carollo: So -- Commissioner Reyes: Okay? Commissioner Diaz de la Portilla: -- so what happened in my case was that I had to change the ordinance to make it $100 to 350 on December 11 th. So, I had a -- and had to wait two weeks and then we entered the holidays, so that's why we're not able to get to the finish line. Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: I think that we did it the way the manager had recommended, that we just, you know, Commissioner -- Commissioner Carollo: But don't get the manager involved in this. Commissioner Watson: No, no, not the manager. I'm sorry. I thought Mr. Casamayor was acting man -- Commissioner Carollo: No. No. Don't get the Administration involved in this. This is us up here. Commissioner Watson: The amounts that we allocated will remain -- remaining for each Commission district is a fair way to do it, including Commissioner Russell's and anybody -- Commissioner Reyes: How about if Commissioner Russell donates to Commissioner 4 -- I mean to District 4 his -- whatever he didn't use since we all have so many, right? Some -- Commissioner Watson: Well, let -- Commissioner Diaz de la Portilla: So, how about we do this? How about I'll do give 25k if Commissioner Russell does 25k, and you get 50. Is that fair? City of Miami Page 133 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Reyes: On top of what 1-- the percentage that I'm going to get, right? Commissioner Diaz de la Portilla: No. No. Commissioner Reyes: It's an addition of 25k. I accept the additional 25. Vice Chair Russell: All right. Is there an action that needs to be taken? Commissioner Reyes: That's right. Well -- Arthur Noriega (City Manager): Yeah. Commissioner -- Commissioner Reyes: I think it was -- Mr. Noriega: There's two options here. Either you allow each of the remaining Commissioners who have a balance to just spend that balance. That's option one. Commissioner Reyes: Okay. Mr. Noriega: Or two, you take what's left and you divide it in -- by the percentage of the API and you -- you're reallocating that money again. Commissioner Carollo: Look -- Mr. Noriega: Those are the two options. Commissioner Carollo: Let me say why I'm separating District 5 out of this. He's the new Commissioner here? I heard what he said, and, Mr. Manager, I think things should have been explained to him a lot clearer. Commissioner Watson is as smart, if not smarter, than most of us up here, or all of us up here. And he could understand clearly when he's told something. So, because he's the new Commissioner, if, you know, people didn't speak as straight to him as they should have, and he got stuck believing that he has spent his money because I know he worked his tail off out there. I saw him. That this is not right, and particularly in a district which is by far, by far, I mean, it's almost ten percent more poverty which means it's 40 percent more poverty than my district, which is the second next in line with the most poverty. So, I think we should take his out of the equation. Commissioner Reyes: I do, too. Commissioner Carollo: We have 581,000 left, including the 12,000. But, you know, I'm, not sure if you guys are giving me the right numbers' because I somehow sense that maybe you'll come back and either find more money or you're going to lose money. I know Chris is not here now, so I get a little more confident, but -- Mr. Noriega: Again, it -- the -- if the idea is to take the remaining balance and divide it based on API, that's one, you know, math equation. The other option, which is also what I referenced, is take the existing balances that were leftover and allocate them to be just finished out. Those are the two choices. I mean, we can -- Commissioner Carollo: Yeah. Well, we're taking 5 out of the equation -- Commissioner Reyes: Yeah. Commissioner Carollo: -- for the reasons that I stated. Vice Chair Russell: Okay. So that's exactly why I said it. You're taking 5 out. City of Miami Page 134 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Carollo: Is there any more money, than the 12,000 left in the business side? Mr. Casamayor: No, sir. I believe all we have left is 12,000 and change. Commissioner Carollo: Okay. All right. We got 581. If we break it down into the equation that we followed before in the poverty line, can somebody figure out, in 581, what each of the remaining districts would get? Mr. Casamayor: So why don't you let us do that. First off let us audit these numbers to make sure they're accurate. I don't want to overspend. And then let us go back, come back, and do that calculation and share it with you -- Commissioner Carollo: Yeah. Yeah, yeah. Fernando -- Mr. Casamayor: -- maybe at the next Commission -- Commissioner Carollo: -- but you know what, I'm not going to waste another 14 days for that. Mr. Casamayor: Okay. Commissioner Carollo: I want to get at least a ballpark figure, so we know. And we can make a vote on that today, having a ballparkfigure, not being exact -- Mr. Casamayor: Let us -- Commissioner Carollo: -- so we all know where we stay in and how we're moving forward. Mr. Noriega: So, let us do this, okay, because I can do it within five minutes. We'll do it. We'll take out the 25 percent API allocation for you. So, it's taking the remaining 75 percent, allocating it based on the percentage for each -- Commissioner Carollo: No. It's not 25 percent. It -- what it -- Commissioner Diaz de la Portilla: 26 percent. Commissioner Carollo: We're taking out approximately 360, or whatever it is. Mr. Noriega: No. No. But Commissioner, you asked us to do it based on API. I -- Commissioner Carollo: That's 26percent. He said -- Vice Chair Russell .• Well, 25 -- whatever his number is -- Commissioner Carollo: Okay. Vice Chair Russell: -- you've got to deduct that from 100, right? Commissioner Carollo: Yes. Vice Chair Russell: And you have a balance. Commissioner Carollo: Yes. You have 74. Mr. Noriega: You take the percentages that each of you have allocated. You take it City of Miami Page 135 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 over that 74 percent, right? And then we'll redistribute that money. We will do that now. Why don't you move onto the pocket items -- Commissioner Reyes: But it is -- Mr. Noriega: -- allow us to run the numbers -- Commissioner Reyes: -- it is very simple. Vice Chair Russell: Mr. Manager, I'll handle that part. Mr. Noriega: No, no. But 1 mean -- Commissioner Diaz de la Portilla: But -- Mr. Noriega: -- it will give us a chance to actually run the numbers -- Commissioner Diaz de la Portilla: Yeah. I -- I -- I -- Mr. Noriega: -- so we can present them to you. Vice Chair Russell: Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: I think what the manager is saying is that he -- give him a few minutes so he can do the calculation. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: But not that he's running the meeting, so -- but I don't think that that proposal is a fair proposal. Because everybody had -- was given a certain allocation based on API. Some people were able to spend it quicker than others. But the allocation -- the base doesn't change, the poverty level doesn't change, and the amount should remain the same. So, a different calculation now is unfair. If Commissioner Reyes spent his money, f you didn't and you have more money than anybody else -- besides Commissioner Watson -- you, Commissioner Russell, you know, I find myself in the awkward position of being on your side on this one, too. Fair is fair. You were given your allocation. You should get you allocation. If Commissioner Carollo has 99,000 left, that's what he should get. He spent it. He was efficient too. But for whatever reason, maybe we started late in the changing the ordinance in December 11, in my case. Commissioner Watson, because he was a new Commissioner and maybe he wasn't told as Commissioner Carollo said how to do it, and maybe he didn't understand the process because you're new. That's understandable. That's fair. But you can't take one Commissioner out and then divvy it up among the rest of the Commissioners because that's not the -- that's not fair. What's fair is that whatever was allocated originally should remain with each respective district. That's what's fair. Commissioner Carollo: Well, unfortunately, I was efficient enough to be right in the middle. So whichever way we cut the cake -- Commissioner Diaz de la Portilla: You will end up with the same amount. -- Commissioner Carollo: -- I'm going to end up more or less with the same amount on the plate. Vice Chair Russell: Yeah. Commissioner Watson: Commissioner Russell will take the biggest hit, I'll take the City of Miami Page 136 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 second biggest hit, and then Commissioner Reyes spends his money. Commissioner Reyes: Yes. 1'll spend my money, but you're not going to -- 1 mean, because I spent my money and there is some money left. Commissioner Diaz de la Portilla: But it's not your money that's left. That's the problem. Commissioner Reyes: That's not my money. Commissioner Diaz de la Portilla: It's ours. Commissioner Reyes: It's the city's money. Commissioner Diaz de la Portilla: No. No, no. It's a district -- the way it was originally allocated by -- Commissioner Reyes: Okay. But -- Commissioner Diaz de la Portilla: -- that's all -- Commissioner Reyes: -- you have a timeline to do it. Commissioner Diaz de la Portilla: It was done the fair way from the beginning. There's no reason now to say, hey, all of a sudden, I want more money that's due to me for -- originally, from the base. Pm not -- it's not a bad -- it's just what I think is fair. Commissioner Carollo: Can I ask you a question? Commissioner Diaz de la Portilla: Because it was already, allocated. Commissioner Reyes: I didn't start this, by the way. Commissioner Carollo: Yeah. But -- Commissioner Diaz de la Portilla: I know. Commissioner Carollo: -- but, Commissioner, how much do you have left in the original amount that was allocated? Are you still given out cards? Commissioner Diaz de la Portilla: Yes, sir. 191. But I was also -- I was just told right now -- Commissioner Carollo: No. No, no. I don't mean the amounts they said here. Commissioner Reyes: How many cards do you have left? Commissioner Carollo: How many cards do you have left? Commissioner Diaz de la Portilla: I don't know. I would have to ask my staff. Commissioner Reyes: Because if you have the cards -- Commissioner Diaz de la Portilla: I think I have -- No, I don't know how many. I have to ask. I think -- remember, we're giving $100 cards. Commissioner Reyes: That's right. City of Miami Page 137 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Diaz de la Portilla: We've given about 80 -- 8,500, 1 believe so far, or 8,300, something like that, as of Monday. I haven't gotten --1 didn't get a count yet. Commissioner Carollo: If you gave out that ma -- if you gave out that many cards, you gave more than you had. Commissioner Diaz de la Portilla: No. I gave what was given to us by the city manager or the Administration along the way. Commissioner Carollo: Then you shouldn't have had any monies left, I don't believe. Commissioner Reyes: No. Commissioner Diaz de la Portilla: No. We should because there was an additional allocation of 1.2 million on December 26, and that's where the additional dollars come from. Whatever the math is, I don't care what the math is, the math -- if the math is 100 or 50, whatever it is, I'm counting on the math that I'm getting from Mr. Casamavor. Commissioner Carollo: Mr. Manager -- Commissioner Diaz de la Portilla: Let them do the math. Commissioner Carollo: -- if you had an accounting, you should have that in hand. I mean, just call -- Commissioner Watson: That's right. Commissioner Carollo: -- somebody. How much has each Commission once spent? And you got -- it's just hitting a button and you get the amount for each of us. Commissioner Reyes: Right. Commissioner Carollo: And the second one that you had is how much was given to each Commission office? Not these amounts here there were never given. I'm saying how much money in cards did you give -- Commissioner Reyes: Absolutely. Commissioner Carollo: -- to each Commission office, and how many of the papers did they give you back, that were signed or supposed to be signed, that show us the proof that were spent from each Commission office. Commissioner Reyes: I -- let me put this very, very straight. If -- and answer me -- I mean, answer those questions yes or no. Every Commission was -- Commission office was allocated a certain amount of money, right? Each Commissioner, they decided the amount of the cards, right? You got a number of the amount of the cards. Let's say in my case, it was around -- close to 4,000 cards because I was given 250. But, and any other Commissioner, did you buy the card as they requested, or you bought the whole amount in whatever they were allocated, and you gave them the cards? Because if that is the case, Commissioner Diaz de la Portilla has a bunch of cards. He would have -- instead of having a surplus of $100,000, $99,000, that is not cash. That is cards that you have in your fodder, and so will be Commission -- I mean, if you have any, Commission Carollo, and, Commissioner Russell. Every single Commissioner received in -- I mean, the set -- the amount of money in cards, different values, doesn't matter, but the value is. The number ofcards cards is the one that fluctuates, you see? City of Miami Page 138 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Mr. Casamayor: Right. So let me answer your question. 1 know what -- we know what we bought, right? What 1 don't know is what exactly was given. We have a number of affidavits that were filed, and we were turning those over to the -- Commissioner Reyes: No, no. That's -- Commissioner Carollo: Wait. Wait. No, no, no. Commissioner Reyes: -- excuse me, excuse me, excuse -- Commissioner Carollo: Fernando, that's no way to -- Commissioner Reyes: Hold on a second. That is not what I'm asking. You bought -- I mean, if I was allocated 400, 000, let's say $400,000, and they asked me, how do you want it and I said $250. So, you put $400, 000 at 250 and you give it to me. Every single Commissioner did the same thing. Mr. Casamayor: Yes. We did, sir. Commissioner Reyes: Okay. So, what you did when -- I don't know how much Commissioner Carollo or Diaz de la Portilla got, how much money they were allocated. If they were located $500,000 and then they knew -- they decided that it was $100, then they should get 5,000 cards, whatever, okay? That's the way you did it. You gave them 5000 cards. Mr. Casamayor: Yes. Every time I had another allocation into the program, we reached out to every one of your officers to find out what you wanted. I mean, what type of cards you want to purchase? And then once we had a change in the -- the potential change and evaluation, what denomination you wanted the cards in. Commissioner Diaz de la Portilla: And what I am -- Commissioner Reyes: No because that is the case. That is a case. There is not that much money left. I mean, there's no money left. There's a number of cards that have not been given out. Commissioner Diaz de la Portilla: Commission. Let me clarify because I can't have -- Commissioner Reyes: No, I mean if your total allocation was -- I mean -- was purchased in cards and that were given to you? Commissioner Diaz de la Portilla: No. Let me clarify. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Let me clarify. Because we have a very strict accountability issue and I made it very clear to my entire staff and we have three district offices. It was very clear the cards were handled by only two people, my Chief of Staff and my assistant chief of staff. We went over and over to the managers and requested in bulk because we didn't want to have in any district office that amount of money because we had visa cards that were cash cards. So, we didn't want to have $200,000 sitting in Curtis park. So, we went to the Administration and pulled on an as -needed basis to make sure that the chain of custody was complete, as well as our affidavits, we even did our own little papers. We were $100, we had to change the Arm where the $100 to make sure we had a strict accountability measure because I know when you're dealing with that amount of money that you have to be very careful in your paperwork. I was very clear with my staff So what we need to know is how City of Miami Page 139 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 many cards that could possibly remain there because if the money is allocated for district, it could very well be in the manager's office, of course. But the allocation is the same whenever that total is. Commissioner Reyes: Yes, but you don't understand what I'm saying. What I'm saying is. Commissioner Diaz de la Portilla: I do understand. Commissioner Reyes: What I'm saying is my allocation and everybody's allocation was purchased in gift cards. Different denominations was -- the total allocation was purchases -- was converted into gift cards. Commissioner Diaz de la Portilla : 1 know the answer to -- Commissioner Reyes: And then you have -- I mean, just still you should still have -- you should have the cards if -- or did you turn in on -- I didn't know how do you figure out that all the cards were given. I don't know. Commissioner Carollo: Okay. Let me -- Mr. Manager. Commissioner Reyes: You see. Commissioner Carollo: Let's get back to get into the bottom line of this. Do we have any cards that the Administration is sitting in? None. All your cards, no matter if they were Winn -Dixie, Fresco, Publix, Sedanos, whoever, Visa, MasterCard, Chuck E. Cheese, they were given out. Right? So, the money that you've given us 581 is the actual cash that you have in hand, correct? Mr. Casamayor: Yes, sir. Commissioner Carollo: Though that's a approximate amount. I'm not holding you to the exact penny, it's an approximate amount. All right. Commissioners, I want you all to hear this. This is important where I'm going. I'm going to be asking this not in a resolution not as a Commissioner, I'm going to be asking this as a public records request. You all know. If we don't get whatever answer you have in hand what it means. On top of that, that public records request should be given to each of us a copy of within five working days from today because we have a resolution in hand that when a Commissioner asks for something it is within five working days, that we're supposed to get it. And what I want is the following. I want detailed information as to the full amount of dollar value in cards that were allocated, given to each Commissioner. Commissioner Diaz de la Portilla: Absolutely. Commissioner Watson: And the mayor. And the mayor didn't have the time to physically go out sometimes, so he gave some Commissioners, some of his. And when you include that in each Commissioner's lot, please identify that that was additional money, otherwise, it's going to be unbalanced. So full amount that each elected official got Commissioner and mayor in cards. If you can identify one, were they Publix, Sedanos, MasterCards, Visas, whatever they were, and denominations that they got. Then I want you to come back. And since we all and you know, we kept -- we were being told we had to do this, we had to hand in and we did. I'm assuming all of us. The sworn affidavits that we agreed to for each person that got a card. Then I want us -- I want staff to give us a list of everyone that got a card and the amount from each district official. Then I want you to give me the breakdown as of the December 30th. I think it was a day. How many affidavits you have and the total amount that those affidavits come to in dollars and compared to the cards that you City of Miami Page 140 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 gave a Commissioner. If there's a deficit, then put the deficit what you never got back. So, we know if there are standing affidavits that have to be given or if there are standing cards that weren't used yet. Commissioner Reyes: Commissioner. Commissioner Watson: And then do a whole recounting on everybody and the amounts of dollars that were spent and how many cards were given out. Commissioner Reyes: Okay. Commissioner Carollo: So, 1 want this that I'm asking it in a public records request under Florida statutes. And you know, the timeline that you have which shouldn't be very hard because this should be all online. We were told that if we did not hand in those affidavits, then we were in a position that we will not get reimbursed by the county. This is what you guys told us. And I'll tell you, I work my staff unlike they've ever been worked and I'm sure, you know, that's what Commissioner raised saying here and all of us that to get them money out because it was very unfair what the county did and how they gave us a -- such very little time to do it. But I wanted that money to go on. I myself started spending the dollars on the 250 dollar remand that we originally talked about. Then we increased it to 300 that we could -- 350 rather than we could give up. And from then on, 1 asked for my allocations to come in $100 cards. So, in everything you give us, you put the denominations also on cards. So, we know what denominations are in the amounts given. And this will make it clear who did what, who's got what, who's in first, who's in second. Because a lot of this is not adding up to me, no. Commissioner Reyes: I have -- I don't know if you should have seen this Commissioner Carollo, because there is also a report from the December 20, December 20, I have a report here that that states the allocations, the first allocation, how many cards that were allocated? The second allocation, how many cards that were allocated. And by cards allocated, that means that those cards were purchased by the -- by you and they were passed on on the -- to the Commissioners. Then we had another allocation and there's a total cards delivery right here. And to that later on, there was another allocation after this one when we brought some of the funds that were destined to -- for the businesses that we'd take those funds and we divided it that I received 622 additional cards. My total was 3,638 cards. And in the last entry in this form says it states the number as of December 20. The number of forms that what received, you see? Cards data entries. Those are the forms. Commissioner Carollo: And you give me a copy of that tonight, Mr. Manager or unless the Commissioner wants to make me a copy? Commissioner Reyes: Oh, absolutely. Commissioner Carollo: I haven't gotten it. No one sent me an e-mail. Commissioner Reyes: No, it says here -- it says CC (carbon copy) to Barriera Alex, Mahony Abigail, Hernandez Daniel, Suarez Jose, Ortiz William, Ferreiro Esteban, Sangster, Natalya, Lewis Santiana. That was -- Commissioner Carollo: It could say whatever it -- Commissioner Reyes: CC: Casamayor Fernando, Ortiz -Petit, dah, dah, dah, dah, okay. Commissioner Carollo: Let me see that because I haven't seen that at all. City of Miami Page 141 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Reyes: Okay. Sure. Make copies for everybody. And we followed that to the tee. Commissioner Carollo: Make me a copy, please. Now, having said that, and going in what 1 was saying originally -- Commissioner Reyes: I agree with you. Commissioner Carollo: That you shouldn't be punished if you were efficient and you worked your staff more. And I'll tell you, my staff sacrificed tremendously because we were not only handing the cards out, we were giving out thousands of 40 pound food bags with two big pork shoulders. So, it was double the work that we were doing at the time. Commissioner Diaz de la Portilla: Yes. Commissioner Carollo: The resolution that I'm going to make, is I think the first one with the monies that are here. You guys want to wait until we get these results. I don't care either, but I'm willing to make a resolution now that the remaining dollars we divided, you know, between 4 25 percent you got approximately from when they said 585 -- $581, 000 and that be divided equally per district. Some lose a little bit. In my case, I gained a hair. Commissioner Reyes would be the more -- the most efficient gains a little bit. But if you all would like to wait until we get the final report I don't mind getting it either. Now, the numbers that I want need come back to me and this is my public request for date when you had it. 1 want the breakdown by the date that you told us we were supposed to give you all the affidavits and then anything else you've gotten or issued after that date of the 30th. Thank you. Commissioner Diaz de la Portilla: And I'll give you -- I agree with the 100 percent. Public records request and make sure every Commissioner has an accountable system in place. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: I put my staff as the best staff in City Hall. And they worked very, very, hard because we were not giving $250 cards or 4,000 cards. We're giving twice as many cards, 2.5 times many cards as $100 cards. We were also doing food distributions and everything else. The federal government passed -- and I'll give you this prelude. The federal government, Commissioner, passed legislation that extended the amount of time that you had until December 31st? I had a conversation with our city manager and with Mr. Casamayor and with Ignacio Ortiz, and I said, I'm going -- they said I think it was Mr. Casamayor, they're in conversation with the county, the county is going -- they suspected would follow the federal law and allow us to continue. I made a decision in my office that we will continue to distribute cards. And that proves to be the truth because now we're about to sign an interlocal agreement. So that we can -- reach as many people as possible in a particular district instead of 4,000, 8 -- 8,500 so far. So whatever card -- whatever the original allocation was with everybody I think the fair thing is it remains the same, doesn't matter how many cards we have and have yet to give away. We're doing, for example, Palermo, this Saturday. We're vaccinating and we're doing cards. So, we have all that in place. The original amount is your original amount. If you feel comfortable waiting for a public records request, I'm more than happy. That's what I want. And you can see, and everybody can see exactly how we did it and how accountability measures were put into place from the beginning. We started December 12th. We had 28 days and I thought it was unfair to district 1 and to my residents that I represent to cut them short and say, you know what, we're not going to get cards and that's the way we did it. If there are no additional cards, the numbers come back and there are no additional cards and the numbers that Mr. Casamayor City of Miami Page 142 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 are not correct. I'm okay, with that. But the original allocation is based on a very strict standard, which is the anti poverty index. It's done for a reason. You're at 60.2; I'm at 50.9. Commissioner Watson is at 26 percent. Commissioner Russell has given less cards. I don't know what your methodology was; maybe you stopped at December 31 st. Vice Chair Russell: We got all out that we thought we had. It's a surprise to us that there was an additional -- Commissioner Diaz de la Portilla: It's not fair to Commissioner Russell. It's not fair to people who are still in the process of giving out cards to, all of a sudden, take that money away from District 2 and District 1, hold District 5 harmless -- which 1 agree with -- and then all of a sudden give more money to two districts that already distributed to their constituents. I mean, all Miamians are created equal. We shouldn't take money away from one district and give to another. And that's why the API exists. It's a formula. It's a formula based on fairness. And if District 1 gets 100 cards, and District 2, and District 5, and District 3 gets 120, and District 4 gets a 110, that should be the final number. Once you get all the affidavits and you do all the count and all the math. So, let's wait until we get all the affidavits back and then get them do the math -- the real math, give them time and they will do it. And we allocate it the way it's ,fair for every district, I have no problem. I'm very transparent and we have a very clear accountability issue here that 1 care about because I was always concerned when you had $800,000 for the Commission district, that there was always a possibility of cards getting lost and Karla, who's sitting there, who ran the program for me -- my aide -- one of my aides. I was very, very clear with her that we wanted to make sure that we had limited number of cards in these officers because none of the -- you know, some of them are in some difficult neighborhoods, right? But I want to make sure that we were very careful in that chain of custody for those cards. So, I want that accountability I want that count and -- but not split it evenly because it's not fair. It should be based on the original formula. It's there for a reason. The way we've done everything since I've been here, that I guess before I got here, too. There's an API. And every district gets what the poverty index is. It shouldn't be more or less, and it shouldn't change along the way. That's my only, my only issue. Commissioner Carollo: I remember clearly that in as far as the business monies, we stated that by X date if monies were not being used they would go into a pot. And when we presented the original motion -- and Mr. Clerk, if you could get the original motion because there were top dates that were used that if we didn't spend the money, it would go back into a general pot. So, I'd like to have that read to us. I don't know if you could get that motion fairly quick or not. At the same time, and secondly, I think what happened, Commissioner, was that you didn't feel that you had enough supermarkets in your area or you were not comfortable with them -- Commissioner Diaz de la Portilla: The Publix. Yes, sir. Commissioner Carollo: And you wanted Visa cards or MasterCards, I don't know which ones -- Commissioner Diaz de la Portilla: Yes. Commissioner Carollo: -- or either one. And you waited until you could start giving out your cards until the Visa or MasterCard were found by the City. Commissioner Diaz de la Portilla: That's not what happened. Commissioner Carollo: Okay. Explain. Commissioner Diaz de la Portilla: What happened was that I went to the City City of Miami Page 143 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Attorney and to the City Manager and 1 asked them what's the process of getting $100 cards. Mr. Porro had already purchased $250 Publix cards. And I said 1 don't want to give my residents $250 Publix cards. So, he had to return them to Publix, and then we had to pass a resolution according to the City Attorney and the City Manager because I couldn't do $100 cards because the resolution was for $250 cards. Then we came on December 11 th, the next Commission meeting two weeks later, and I made a resolution for -- to have $100 to $250 and you proffered an amendment to make it up to 350, and I accepted the amendment. Commissioner Carollo: And the reason for that amendment was that we were getting them additional dollars. Commissioner Diaz de la Portilla: Of course, 250 plus 100. Right, 250 plus 100. Commissioner Carollo: Were being taken from the business side. Commissioner Diaz de la Portilla: Right. I made a decision and for my district that I was going to give $100 cards because I wanted to spread the wealth. I wanted to give as many people $100 cards as possible. Other Commissioners -- and because they don't have a Publix to go to, and even if they had one -- they do have one; they have one on 57th Avenue on 7th Street, but they don't go there. It's just more expensive so it made no sense. So, when I came back, 1 did the resolution on December 11 th to bring it down to 100 and up to 350, so you can give anything between 100 and 350. That's -- and then 1 couldn't -- after 1 checked with the City Attorney, she said you cannot do it unless you pass a resolution because the resolution does not allow you to do $100 cards. And that's what 1 did. So that's why I started December 12. The next day is when we started distributing the cards and we only, had 28 days. Commissioner Carollo: When did we get the first cards? The first Publix cards when did we first get them? Mr. Porro: November 24th is, I think, when I physically delivered them. Commissioner Carollo: Okay, November 24th? Mr. Porro: Yes, sir. Commissioner Diaz de la Portilla: I had to wait until December 12 until December 11 th Commission meeting. Commissioner Carollo: 19 days later. Commissioner Diaz de la Portilla: Yeah. Commissioner Carollo: And -- Commissioner Diaz de la Portilla: Yeah. Commissioner Carollo: Actually -- probably would've been a little later because I don't know if they had the cards running that day. Commissioner Diaz de la Portilla: That -- you're correct. I had -- we had to pass a resolution then they had to return. Well, they gave us the allocation for the -- it took, like, three days to get the Visa card. Three or four days -- refresh my memory, but we didn't get them. until Monday and Tuesday, but we started making commitments and phone calls to handout the $100 cards to start. You're right it's like three or four days after we started -- when you gave us the cards. So, we really started this very late in our process. So, when we got to December 31 st -- December 30th. When we got to City of Miami Page 144 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 December 30th, I said 1 spoke to the manager and 1 said, listen, the federal government passed this, I'm going to continue to give my cards. And 1 continue -- until this day I continue to give out cards. And I will continue to give out cards because 1 know we're going to have an interlocal agreement and we're going to be okay and we're going to get reimbursed. So -- and whatever we have that remains well, it will be all documented. And then whatever is due to us and due District 2 and District 1. I mean, I'm sorry, District 3 and 4, that's the fair way to do it, I think. Let's get the numbers back, let's let Mr. Casamayor come back to us and say, or Mr. Porno come back to us -- it's Porro, right? Mr. Porro: Yes, sir. Commissioner Diaz de la Portilla: All right. Mr. Porro come back to us and say this is what's left. You have an additional whatever it is, it is. The numbers are the numbers. The paperwork doesn't lie. So we know where we are, and where we stand. Commissioner Carollo: What is the will of the majority, Commissioner Russell? Vice Chair Russell: I'm happy with any fair distribution of the remaining amount so that we can serve our residents -- Commissioner Carollo: What is the will? Vice Chair Russell: -- of the entire city fairly. So, whatever -- Commissioner Carollo: What is the will of the majority? I'm asking. Vice Chair Russell: So, the -- we were basically given two options, right? An even split or an API split; is that right? Commissioner Diaz de la Portilla: API split. Commissioner Carollo: Do you have the resolution that we passed originally? Todd B. Hannon (City Clerk): We're still looking for it, sir. Commissioner Carollo: Okay. Vice Chair Russell: API split is fine with me. Commissioner Reyes: (UNINTELLIGIBLE) I want to know what happened. Commissioner Carollo: Yeah. What on the resolution or --? Commissioner Reyes: No, no, no. What you asked (UNINTELLIGIBLE). Commissioner Carollo: Okay. Would you like to wait for that? Commissioner Reyes: Yeah, I would like to wait jor it. Commissioner Carollo: Okay. So, we're going to wait for that report. Vice Chair Russell: All right. We'll table Discussion Item 4, and we'll move to Discussion Item 5. Commissioner Carollo: Mr. Clerk, can you make sure you get a copy of my public records request transcribed in writing so they could see it and there's no mistakes in it? City of Miami Page 145 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Mr. Hannon: Yes, sir. Commissioner Carollo: Thank you. [Later...] Vice Chair Russell: Before we get into PL4, Bitcoin, is there an action ready for the card program or the remaining funds? Commissioner Carollo: What? We stated we were going to wait for those reports. (UNINTELLIGIBLE) Mr. Manager -- Vice Chair Russell: Is that what this is? Commissioner Diaz de la Portilla: That's not the report. That's what -- Vice Chair Russell: What is this? Commissioner Diaz de la Portilla: -- Commissioner Reyes had. Commissioner Carollo: We weren't going to take action, we said, but this is what I want to be crystal clear. The firm that came to each of our offices and made copies of the sworn affidavits, they gave you a count as to how many sworn affidavits they got and the amounts on each individual. So, I have a real, real problem with this e-mail that was sent February 11 th because it shows, like, that the bulk of us were super irresponsible and that we had -- Commissioner Watson: Right, that's the only problem we have. Commissioner Carollo: -- close to 17,000 application pending. And that's not true. That's not true. Commissioner Diaz de la Portilla: What e-mail is that? Commissioner Carollo: Well, this is the one that Commissioner Reyes brought up, and I asked for it to be given to each of us. Now, what happened was that whatever department you assigned to have taken care of this wanted us to input all the information. How in the heck, with so limited amount of resources that we had to us, can we be giving out hundreds of thousands of dollars in cards, be giving out Christmas food, and at the same time, you want us to be inputting stuff by December 30th? So what we did -- and apparently what everybody else did -- we had the firm come in and copy -- make a copy of all the sworn affidavits from each individual and the amount, and you should have a copy of that. So, by this e-mail, February 11 th, this is very misleading. Because "applications pending entry" -- if it's pending entry because -- you need to get some secretaries to do this in here because you have copies of everything. Commissioner Watson: Commissioner, this e-mail's from December 20th. Commissioner Carollo: Excuse me? Commissioner Watson: This e-mail that was sent with the numbers -- Commissioner Carollo: Yeah. Commissioner Watson: -- is December 20th. City of Miami Page 146 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Diaz de la Portilla: December 20th. Art Noriega (City Manager): Yeah. It was forwarded on February 11 th, but the original e-mail's from December 20th. That's why I was a little confused. Yeah. The originally e-mail's -- the one that Commissioner Reyes was referencing is a December 20th e-mail. Commissioner Reyes: December 20th. Commissioner Diaz de la Portilla: December 20 is the original e-mail. Commissioner Carollo: So, is everything else entered now? After you got it, at least by the 30th or so -- Mr. Noriega: Willy can answer the status of all the scans and the entries. William Porro (Director, Human Services): Currently, right now, I just, after the last discussion, went to the scanning company because one of the requirements of it is that they needed to be scanned for the reimbursement purposes. Commissioner Carollo: Right. Mr. Porro: Absolutely. So I'm asking the scanning company to see if we can take out just the affidavit or the application so we can have the active account. So as soon as I have that response, I will get back to everybody. Commissioner Carollo: Yeah, but I'm amazed. We're in February now, mid -February, and the scanning company never gave you that information so you could've brought it to the County already? Mr. Porro: What -- again, I'm working on a December 30th deadline. Commissioner Carollo: Right. Mr. Porro: From before. Commissioner Carollo: From before. But -- Mr. Porro: That's correct. Commissioner Carollo: -- did you -- did any of -- Mr. Porro: So as soon as -- I'm sorry to interrupt. As soon as I saw that there was going to be delays in terms of getting those, I immediately contracted a scanning company to physically scan everything. Everything. Commissioner Carollo: I know that because they came and they scanned -- Mr. Porro: That's correct. Commissioner Carollo: -- everything we had, and we had marked those -- Mr. Porro: And they still have those documents there, by the way. Commissioner Carollo: Yeah. But then weren't you given final amounts already? Mr. Porro: Not as of yet. No, sir. City of Miami Page 147 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Carollo: I mean, a month -and -a -half later, approximately, and you haven't gotten a final amount? Mr. Porro: I can -- I'm going to try to get it, but, again, it's going to be skewed, Commissioner, because it's going to include IDs and whatever else -- Commissioner Carollo: And by -- Mr. Porro: -- is attached to that affidavit. Commissioner Carollo: -- by when was the County supposed to receive this information from us? Mr. Porro: We sent it the week right after the 30th. So that was the rush, is --1'm still working on the 30th date, and we immediately got everything scanned and sent it in. Commissioner Carollo: Well, that's part of what my public records request is asking for, so -- Mr. Porro: Absolutely. Commissioner Carollo: -- you get that straight. Mr. Porro: Absolutely. Commissioner Carollo: All right. Thank you. Commissioner Watson: So -- well, let me ask you a question. This third line, card amount, direct order, second allocation. Mr. Porro: I'm sorry, Commissioner? Commissioner Watson: Card amount, direct order, second allocation. What exactly does that title mean? Mr. Porro: Just the -- I broke it down. Each allocation I broke out what each Commissioner district received. That's what you're referring to. Commissioner Watson: So, this -- well, the -- Commissioner Diaz de la Portilla: Mr. Chair. Commissioner Carollo's question -- this is the issue, and he's correct. This is a December 20th e-mail, so of course it's going to show all these things. And I got my cards December 17th, right? So, what he's asking, and his point, very well taken, is: Why don't we have an updated version of this? I mean, it's December 20th. It's February l l th. Mr. Porro: Again, we've -- Commissioner Diaz de la Portilla: Do you have an ongoing update every week, every, two weeks on how it's going? I mean, what's your methodology? Mr. Porro: Are you referring to the scans? Commissioner Diaz de la Portilla: I'm referring to this pa -- have you sent an e-mail with the same information updated to anyone? Have you -- Mr. Porro: I think you're referring to the data entry part of it. Is that what -- City of Miami Page 148 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Diaz de la Portilla: The scans with the driver's license, or the identification scan? Mr. Porro: The scans are a part of the reimbursement process, but there was a data entry as part of the whole workflow. Commissioner Diaz de la Portilla: Okay. So do you have an update on the data entry or have it for us the next time we meet or what -- Mr. Porro: Yes, I -- there was a system that was put in place. Commissioner Reyes: Okay. Okay. Commissioner Diaz de la Portilla: Yes. That's correct. Okay. Commissioner Watson: But my question didn't get answered. Because I'm looking like the black dumb guy, and I got a problem with that, right? Let me just say this. This title says, card amount, direct order, second allocation. I remember these two numbers, the first two numbers. Mr. Porro: Commissioner, could host see what you're referring to? I apologize. I just Commissioner Watson: It's your e-mail. This is yours. Mr. Porro: Okay. Okay. Commissioner Watson: Come on. Look, I can remember. Mr. Porro: No, I -- Commissioner Watson: I can remember. That's your e-mail. Hold onto that. Okay, hold on to that. I remember those second two numbers. Where did that third number about 2,000 additional cars come from? Where did that come from? Mr. Porro: That was (INAUDIBLE) that was a moment in time -- Todd Hannon (City Clerk): On the mic, please. Mr. Porro: (INAUDIBLE). Mr. Hannon: On the mic. Commissioner Watson: A moment in which time? Mr. Porro: A moment in time when I wrote this e-mail, when I sent this out. That's what I had at the time. Commissioner Diaz de la Portilla: December 20th. Commissioner Watson: But it's reflecting that we got something that I didn't -- I don't have a recollection of receiving. And now I'm finding out I have a whole lot more when I was busting my butt trying to get out because I did not want to give money back to the County, right? Mr. Porro: I think, Commissioner -- Commissioner Watson: So I'm just trying to fill in the gap in my head. City of Miami Page 149 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Mr. Porro: No, no, but 1 -- Commissioner, in fairness, 1 -- everybody was working really hard because we were all working on a December 30th date. It was -- yeah, 1 think it was prudent on several chiefs of staff and staff saying, let's not purchase more cards because we cannot put them out fast enough. Commissioner Watson: So then the earlier question is: This represents, now, cash on hand or cards on hand? Mr. Porro: These are cards. These are cards. Commissioner Reyes: That was my question. Commissioner Diaz de la Portilla: And it doesn't reflect -- Commissioner Reyes: That was -- excuse me. That was my question. Commissioner Diaz de la Portilla: And it doesn't reflect the third allocation of December 26. Commissioner Reyes: That's part of my question. Commissioner Diaz de la Portilla: This doesn't reflect -- this is December 20th, so it doesn't reflect -- Mr. Porro: Correct. Commissioner Diaz de la Portilla: -- the third allocation. Mr. Porro: Because it's just a moment in time. That's correct. Commissioner Diaz de la Portilla: But a moment in time that's a long time ago in relative terms. So, we'll have an update -- right? -- from you with all the same breakdown, but for February -- I guess 13th, 14th, whenever it is, the 15th, whenever the five days run out for the public record and everything else, right? We'll get an updated e-mail. Mr. Porro: That is correct, yes. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: All right. So what's the call? Do you need further analysis before? Commissioner Reyes: No, we think that -- I mean, that -- Commissioner Diaz de la Portilla: We're going to wait for the date and then we're going to make a decision. Commissioner Reyes: Okay, so let's make -- Vice Chair Russell: Okay. So is that tonight? Commissioner Diaz de la Portilla: No, not tonight. Commissioner Reyes: Let's wait until the report. And a good question Commissioner Watson made, I think -- asked the question that I made. Is this -- he even made it more explicit. Is this -- does this reflect the amount of money that you said that it is left at those cards? It is cash on hand or cards on hand. City of Miami Page 150 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Mr. Porro: 1 count both when 1 distribute it out by -- Commissioner Reyes: Okay. Well -- Mr. Porro: -- API. Commissioner Reyes: Well, please count about how many cards they did receive to see if they received an allotment. Mr. Porro: It's both because -- Commissioner Reyes: If they did receive that allotment, and they have not given it out, they have a surplus of cards. Not -- Mr. Porro: At a moment in time, that is correct, yes. Commissioner Reyes: You see? And if they have the surplus of cards, they should keep it and give it out, okay? Commissioner Diaz de la Portilla: Oh, no, they don't have a surplus of cards. They just haven't given them out. Commissioner Reyes: What? Commissioner Diaz de la Portilla: The amount was the amount. Commissioner Reyes: Wait a minute. I mean -- Commissioner Diaz de la Portilla: So it's just we have an allocation. Commissioner Reyes: Let's not start on semantics. Commissioner Carollo: No, he -- Commissioner Reyes: You have more cards now. Commissioner Carollo: He told me -- Commissioner Diaz de la Portilla: Of course. Of course. Commissioner Carollo: -- that they do not have any, cards left over a while ago. Mr. Porro: Not on our side, no. Not at all. Commissioner Carollo: Okay. So the monies that he mentioned here before, 581,000 that we are to figure out a way to split between four of us plus the additional dollars that were left in District 5, and that was all cash, I was told, that you have. You have the actual money? Mr. Porro: Yes. It has not been spent. Commissioner Carollo: Right. Mr. Porro: Yes, sir. Commissioner Reyes: Oh, you have that spare money? City of Miami Page 151 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Mr. Porro: It's in the checking account on our side. In other words -- Commissioner Diaz de la Portilla: Separate from the -- Mr. Porro: -- it hasn't been spent. Commissioner Diaz de la Portilla: -- cards that are pending that each Commission office or whatever -- Commissioner Reyes: But then, if that's the case, then the -- all the districts that -- they have a surplus, to call it whatever, that involved an X amount of dollars, they did not receive the allocated money in cards. Commissioner Carollo: No, not all of it. Commissioner Reyes: You see? That's -- you understand what I'm saying? Commissioner Carollo: Yeah. Yeah. Not all of it. Mr. Porro: It was -- there was balances leftover, where I think we clarified. Commissioner Reyes: But the amount -- but my question was, if, for example, you allocated $300,000 to Commissioner Carollo. You bought $300,000 worth of card and gave it to him? Mr. Porro: Absolutely. As immediately as -- Commissioner Reyes: I -- Mr. Porro: -- I can. Commissioner Reyes: -- don't understand how that -- that math. I don't understand. I want to see how it was -- Mr. Porro: Yeah. Commissioner Reyes: Okay. Vice Chair Russell: All right. So, no further action at the moment. Commissioner Reyes: I'm going to ask for a report. Commissioner Diaz de la Portilla: We'll wait for the report. Vice Chair Russell: Yes. All right. Commissioner Reyes: Okay. Vice Chair Russell: So can we move on then. Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: And what -- shall we defer this item or are we done with it? It's just a -- Commissioner Reyes: No. Vice Chair Russell: -- discussion item so -- City of Miami Page 152 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 DI.5 8566 City Manager's Office Commissioner Carollo: We're going to have it back in the agenda on the 25th -- Commissioner Reyes: Yeah, the 25th. Commissioner Carollo: They're going to have five working days to give us the information that I requested under a public records request. Vice Chair Russell: Got it. Mr. Porro: Yes, sir. Vice Chair Russell: All right. So, this will be a deferral of DI.4 to February 25th, correct? Commissioner Carollo: Correct. Vice Chair Russell: Is there a motion by Commissioner Carollo? Commissioner Carollo: So moved. Commissioner Diaz de la Portilla: I'll second it. Vice Chair Russell: Seconded by Commissioner Reyes. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Thank you. And please keep in the analysis the flexibility for business assistance as well. DISCUSSION ITEM A DISCUSSION ITEM REGARDING ENGAGING MR. MIGUEL DE GRANDY FOR THE REDISTRICTING PROCESS AND REQUESTING A WAIVER OF CONFLICTS, IF APPLICABLE. rRESULT: DISCUSSED Vice Chair Russell: All right. Discussion Item 5, please. Engagement waiver for Mr Miguel De Grandy. Commissioner Carollo: Okay. I'll make the motion. Vice Chair Russell: It's just a discussion item. You have a -- Commissioner Carollo: Okay. I'm -- so a discussion item, right? Vice Chair Russell: I mean, you can make a motion. I just -- we should start -- Commissioner Watson: Motion should be made. I mean, I think the discussion was -- Commissioner Carollo: Yeah. Commissioner Watson: -- he asked for some -- both current -- Vice Chair Russell: Sony, Commissioner. City of Miami Page 153 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Watson: -- waiver or -- Vice Chair Russell: Sorry, Commissioner. Mask, please. Commissioner Watson: Oh, sorry. Vice Chair Russell: Thank you. Commissioner Watson: Man, that was a faux pas. I'm going to be all right with you? I'm sorry about that. Commissioner Carollo: Don't worry. I'm good over here. The person you're going to knock out is Diaz de la Portilla. Commissioner Diaz de la Portilla: And now he's coughing. Now he's coughing. Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: Can we switch seats? Commissioner Watson: He asked for a current waiver of conflicts and future waiver of conflicts. That's why its a discussion item. Commissioner Carollo: And what I stated before was that with the kind of contract that we're placing that we could drop the contract any time that we see fit, if there would be any future conflict of interest that we would have a problem with, you know, we could dissolve the contract. That's why I have no problem in approving something of this nature for that reason. Commissioner Diaz de la Portilla: Mr. Chairman. Vice Chair Russell: Yeah. Commissioner Diaz de la Portilla: Look -- and I'm going to ask the City Attorney to weigh in on this one. I've known Miguel De Grandy for a long time. He served in the Florida House of Representatives. I have a relationship with him and a good one. I didn't -- so I'm going to be very careful with my words because I don't want them to be construed that it's anything against Mr. De Grandy personally. I think it's a major conflict of interest to have somebody who lobbies this body, who we decide the fate of his matters to be deciding our political fate by drawing maps. And that conflict of interest is a serious one. Mr. De Grandy is a land use lawyer. He's a prominent lobbyist, has a number -- many, many clients. And obviously -- and I'm not saying he'll do this -- but if you vote in his favor, maybe he likes you better, and if you vote against him, maybe he likes you less. So, to have somebody playing both roles determining our fate in how our districts look like and lobbying us for or against items to me represents a major conflict of interest. I don't think we should be doing that. The waiver for future conflicts is even more -- a more serious problem. And I think our -- because then you could drop the contract, but how about the existing conflict of'interest? Do we completely eliminate the fact that those exist? And we say, it's okay. He can lobby us and do whatever he wants to do here as an advocate, which is a very noble profession. I have a brother who's a lobbyist; yeah, you know that. Commissioner Reyes' has a son who's a lobbyist, so I have nothing against lobbyists. But I just don't think that you should mix one with the other. And that's a concern that I have. And I think our City Attorney can maybe give us her opinion -- not in terms of policy because we know we don't make policy, but in terms of the legality and the conflict of interest issue. Commissioner Carollo: The -- if I can -- City of Miami Page 154 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Diaz de la Portilla: I had asked her a question, so I just wanted to get her opinion -- Commissioner Carollo: Okay. Well -- Commissioner Diaz de la Portilla: -- on the conflict of interest. Commissioner Carollo: And she's certainly going to answer. I'd just like to make a statement. Commissioner Diaz de la Portilla: Oh, yeah. But I just want an answer to the question. Commissioner Carollo: Thank you. She's certainly going to answer that. Commissioner Diaz de la Portilla: Okay. Commissioner Carollo: Mr. De Grandy has served in this capacity to the City of Miami twice before. So -- Commissioner Diaz de la Portilla: It doesn't make it right. Commissioner Carollo: -- there was never any problems before. Commissioner Diaz de la Portilla: Well, I wasn't here. Commissioner Carollo: Thats right. Commissioner Diaz de la Portilla: Neither were you. Commissioner Carollo: You're right. If you would tell me that he was deciding the City's future on land use and zoning, oh, yeah, that's a big difference. But on redistricting? Come on. Commissioner Diaz de la Portilla: No, no. Commissioner Carollo: There is no conflict, real conflict that he's going to have in redistricting. He's shown that he's done it by the book twice. Never had any complaints of the sort that others have had. The only complaints that you heard on the outcome of Mr. De Grandy, there were small pockets -- that always happens because you've got no choice -- that wanted to be in one district versus the other. But, you know, at the end, I don't think there's' a case anywhere that you don't -- you're not going to find that. So, I feel perfectly comfortable in approving this for Mr. De Grandy. And I don't want to, you know, get into more than I have to unless you want me to, and then I'll get into more. But I -- Commissioner Diaz de la Portilla: No, you could get into more if you want. I will gladly get into why it's a conflict of interest. I have no problem with getting into that. Commissioner Carollo: Commissioner, look, let's have the City Attorney opine. Commissioner Diaz de la Portilla: Yes. Commissioner Carollo: You have given your opinion; I've given mine. The rest of the Commissioner can give theirs, and we can vote it up or down. Commissioner Diaz de la Portilla: I agree. City of Miami Page 155 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Vice Chair Russell: Madam City Attorney. Victoria Mendez (City Attorney): Unfortunately, we cannot recommend the waiver of future conflicts. We, our office, as attorneys -- right? -- we're in a different situation. But we can't recommend to you to do this. However, you, in your policy, can make the determination if you wish to do that. You made a good point, Mr. -- Commissioner Carollo, about stopping the contract. However, I can't recommend -- you can do that and that's a solution. However, I can't recommend it, but you can do it. Commissioner Carollo: Well -- Ms. Mendez: And that's all that matters. Commissioner Carollo: -- you've answered the legal question. And the legal question is: Do we have the right to do this? You've stated yes. You've also stated the reasons why you won't recommend it, which we understand it. But you've also have pointed out that we have the right to terminate the contract anytime we want to. If I didn't have that provision in there maybe I would think about it differently. But with that provision in there, if there's anything that would come up in the future that I would consider a real conflict with the City, I might look at it differently. I don't foresee that happening at all. But 1 know that I have the right to end that contract anytime so that's why 1 don't have any problems whatsoever in accepting this in this fashion. Commissioner Diaz de la Portilla: Mr. Chair. Vice Chair Russell: You're recognized. Commissioner Diaz de la Portilla: Madam Attorney, if he doesn't foresee a conflict, then why is he asking for a waiver for future conflicts? Ms. Mendez: Right. So right now, he has one particular client that he's come before the Commission. Commissioner Diaz de la Portilla: What client is it? Ms. Mendez: I always -- I would say it's RMI (Rickenbacker Marina, Inc). Commissioner Diaz de la Portilla: It's who? Ms. Mendez.: RMI Commissioner Diaz de la Portilla: Okay. Who's that? Ms. Mendez: The Virginia Key Marina. Commissioner Diaz de la Portilla: The Rickenbacker Marina. Ms. Mendez: Right. Commissioner Diaz de la Portilla: Okay. Ms. Mendez: Right. That's present. Commissioner Diaz de la Portilla: That's the past. Ms. Mendez: That's present. But, you know, let's say that he would want to sue us with regard to that, that's what -- that's. future, right? So that's the -- but again -- City of Miami Page 156 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Diaz de la Portilla: So he's requesting a future waiver so that he can -- he retains the right to sue us in the future in case the Rickenbacker Marina issue doesn't go his client's way. Art Noriega (City Manager): But can I clarify, something? Commissioner Diaz de la Portilla: Right? Right? Mr. Noriega: Mr. Chair. Commissioner Diaz de la Portilla: Am I right? Vice Chair Russell: Yes, Mr. Manager. Ms. Mendez: It could happen, yes. Commissioner Diaz de la Portilla: Okay. Ms. Mendez: But then you could sever ties. Commissioner Diaz de la Portilla: If he doesn't have a conflict, he wouldn't be requesting a waiver. What's the purpose of a waiver? Ms. Mendez: So he has present clients that he wants to come before the City for. However, he wants the future waivers as well and 1 don't know what those are. I'm just giving an ex -- Commissioner Diaz de la Portilla: I do. Mr. Noriega: Well -- Vice Chair Russell: Mr. Manager. Mr. Noriega: But to be crystal clear so everybody's not confused. It's not him as an attorney, it's the entire firm. Ms. Mendez:: Right. Okay, so -- Mr. Noriega: He's requesting a conflict waiver for all of Holland & Knight. Commissioner Diaz de la Portilla: Even worse. Ms. Mendez: All of Holland & Knight. Mr. Noriega: So you have to -- Commissioner Diaz de la Portilla: Even worse. Mr. Noriega: -- put that in the context. It's not just his conflicts; it's the firm's conflict. Vice Chair Russell: Got it. Ms. Mendez: Right. Mr. Noriega: That's the way the conflict waiver reads. It's for Holland & Knight as a law. firm. City of Miami Page 157 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 DI.6 DISCUSSION ITEM 8569 Commissioners and Mayor A DISCUSSION REGARDING LAND ACQUISITION FOR AFFORDABLE HOUSING HOMEOWNERSHIP. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: Item DI.6 was deferred to the February 25, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number DI.6, please see "Order of the Day." DI.7 DISCUSSION ITEM 8568 A DISCUSSION REGARDING LAND ACQUISITION FOR PARKS. Commissioners and Mayor MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: Item DI. 7 was deferred to the February 25, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number DI.7, please see "Order of the Day." END OF DISCUSSION ITEMS City, of Miami Page 158 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE First Reading 6530 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-24-A-O," URBAN CORE TRANSECT- OPEN, TO "T6-24-B-O," URBAN CORE -OPEN TRANSECT ZONE, FOR APPROXIMATELY 35.7 ACRES GENERALLY LOCATED AT 15, 23, 27, 35, 41, AND 79 NORTHEAST 17 TERRACE; 1300, 1301, 1317, 1306, 1330, 1334, 1348, 1350, 1353, 1367, 1368, 1401, 1501, 1511, 1527, 1635, 1729, 1765, 1755, AND 1749 NORTH MIAMI AVENUE; 31, 38, 42, 48, 52, 64, 108, AND 128 NORTHEAST 17 STREET; 1301, 1304, 1312, 1315, 1326, 1334, 1344, 1350, 1415, 1421, 1425, 1433, 1442, 1445, 1502, 1512, 1518, 1524, 1529, 1536, 1540, 1552, 1635, 1650, 1643, 1748, AND 1749 NORTHEAST MIAMI COURT; 21, 45, AND 140 NORTHEAST 16 STREET; 1304, 1310, 1311, 1325, 1326, 1361, 1400, 1422, 1442, 1452, 1502, 1512, 1516, 1532, 1542, 1598, 1600, AND 1629 NORTHEAST 1 AVENUE; 1302, 1324, 1370, 1600, 1622, 1644, AND 1652 NORTHEAST 2 AVENUE; 1410, 1420, 1424, 1425, 1432, 1433, 1441, 1442, 1452, 1515, 1525, 1531, 1537, 1545, 1550, 1553, 1602, 1610, 1616, 1624, 1632, AND 1642 NORTHEAST MIAMI PLACE; 18, 50, 75, AND 84 NORTHEAST 15 STREET; 30, 47, 55, 65, 73, AND 124 NORTHEAST 14 STREET; 14, 18, AND 59 NORTHWEST 14 STREET; 17 AND 33 NORTHWEST 13 STREET; 1311, 1331, 1341, 1351, AND 1361 NORTHWEST MIAMI COURT; 1305, 1315, 1330, 1346, 1367, 1610, AND 1655 NORTHEAST 1 COURT; AND 125 NORTHEAST 13 STREET, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Vice Chair Russell: And now Commissioner Diaz de la Portilla, we did not do it Tallahassee style. You were not here, but we did not pass it without you. Commissioner Diaz de la Portilla: I've been watching television from my office. I've been watching it very closely, Mr. Chair. Vice Chair Russell: PZ.1. Tell me I'm wrong though. In Tallahassee -- Commissioner Diaz de la Portilla: In Tallahassee, sir, I would have passed it when Commissioner Carollo and Commissioner (UNINTELLIGIBLE) were not on the dais. That's what we would have done over there. But it's a different more collegial body I hear, so it's a better thing to do it this way. Vice Chair Russell: Yes. So, Commissioner Reyes and I were the original ones City of Miami Page 159 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 humping heads on this ordinance, this change of zoning for inclusionary. And I believe we've come to a happy medium with the 100 AMI (Area Median Income) for workforce housing level. 1 understand you've got some hopes to potentially make it stronger for our workforce, and I'm happy to hear that was for sure. So, I do want to get it moving quickly though because the four towers that are there now were not there five years ago and they are because of this ordinance in its initial form, we did it one -by -one. And that's got to at least produced 400 units of workforce housing in that area, both for ownership and rental. So, I really want to get going on this. I think the Omni area is the greatest opportunity for workforce housing for us. The mass numbers over the next couple of years. Commissioner Diaz de la Portilla: Let me tell -- well, I'm sorry, sir. Go ahead. Vice Chair Russell: Commissioner Carollo. Commissioner Carollo: What I'd like to find out is the following. By us giving this increase that we're giving in the ordinance, what percent are we getting back from each of these projects in this so-called workforce housing? Vice Chair Russell: Mr. Garcia -Pons, do you have the analysis you did on T6-24b, do you have that handy? Commissioner Diaz de la Portilla: 14 percent. Vice Chair Russell: This is exactly what we asked for a couple months ago. Commissioner Carollo: Yeah, but I'm going to bring something else up. Vice Chair Russell: Yeah. Commissioner Carollo: That I want to move forward with it, but I want to do it maybe in a different way -- Vice Chair Russell: Okay. Commissioner Carollo: -- than what you're foreseeing. And the way that I think we will come out much more on top -- because if you all would go back to what I stated at the last meeting that workforce housing is the biggest fraud that has been put upon us I think in the City -- Commissioner Diaz de la Portilla: Exactly. Commissioner Carollo: What percent of an increase are we given percentages of buildable square feet in all these projects by where we're doing compared to the zoning they have before? Cesar Garcia -Pons (Director, Planning): Thank you, Commissioner. So, currently under T6-24a, the FLR (Floor Lot Ratio) is a seven. Commissioner Carollo: Yeah, but all that is Chinese to me, even though I do understand a little Mandarin, but I want square feet that, you know, the layperson can begin to understand it more. Mr. Garcia -Pons: So -- Commissioner Carollo: Even though we've got a lot of people that do it in meters in Miami now, but I prefer square feet. That's how I was taught in Chicago and then in Miami school. City of Miami Page 160 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Vice Chair Russell: And then valued in bitcoin. So, the -- Commissioner Carollo: Well, then we'll all go broke. Mr. Garcia -Pons: To finish that thought is the FLR to T6-24b would be a 16. So, the difference between the two as far as the ratio was 7 to 16. As far as the specific floor area, it depends on the parcel, are you asking about in the totality of the neighborhood or for a project? Vice Chair Russell: Project. Commissioner Diaz de la Portilla: That's not -- Vice Chair Russell: Commissioner, given the -- for example. Commissioner Diaz de la Portilla: And then that's not completely accurate. That's not completely, accurate. Mr. Garcia -Pons: Plus bonus. Commissioner Diaz de la Portilla: Hold on. Mr. Garcia -Pons: Yes, sir. Commissioner Diaz de la Portilla: Plus bonus. That's why it's not completely accurate. So, it's really, seven to 21 because a 30 percent bonus when you get to the 16, right? Mr. Garcia -Pons: It's the -- Commissioner Diaz de la Portilla: So, it's really a threefold increase -- right? -- in FLR. Mr. Garcia -Pons: There's a bonus for the seven and there's a bonus for the 16. Commissioner Diaz de la Portilla: Correct. Mr. Garcia -Pons: So, it's the same bonus for both. So, you can -- there will be more -- there will be the differential between a 30 percent of seven and 30 percent of 16 but they both have a bonus structure. Commissioner Diaz de la Portilla: Well, from the least they can do to the most they can do, it goes from seven to 21. Mr. Garcia -Pons: Seven with no bonus, but they are allowed to get a bonus. Commissioner Diaz de la Portilla: Right. Mr. Garcia -Pons: So, it will be seven and 30 percent, so whatever 30 percent of that is -- Commissioner Diaz de la Portilla: Yeah. Mr. Garcia -Pons: -- to 21. Vice Chair Russell: Let's put it in numbers. Hypothetical one acre site, T6-24a. What can you do? City of Miami Page 161 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Mr. Garcia -Pons: 1 wish 1 would have had a calculator. Vice Chair Russell: Is that a good way to consider it, Commissioner? Commissioner Carollo: Yeah, that's much better. I'm glad you're thinking that way. Simple. Vice Chair Russell: The previous -- Commissioner Carollo: Sometimes I feel with these guys, with T24, T6, CS, you know, that it's either a game of football that maybe is Canadian football, not what I played, American football, or you know those three little cups that you've got to find where they put the bean and they go like this, and they move it around. You know, I feel like this is what they're doing to us. Vice Chair Russell: The planning department previously described it to me by stacking croquetas. Commissioner Carollo: Well. Vice Chair Russell: That's how they explained FLR edition. It was a significant increase, but that's what you're going to see. This is a significant -- Mr. Garcia -Pons: I'm going to answer as I type into the calculator. With the T6-24a, which is what -- Commissioner Carollo: T6-24a. Mr. Garcia -Pons: A. The FLR's at seven. On one acre, it'll be 304,920 square feet. Commissioner Carollo: Okay. 304,000. Vice Chair Russell: 920. Mr. Garcia -Pons: 920. Commissioner Carollo: 920 that's -- Mr. Garcia -Pons: Square feet. Commissioner Carollo: Square feet that we can -- that they could build originally, or they we're giving them to build? Mr. Garcia -Pons: This is what they currently have. Commissioner Carollo: Okay -- currently. Okay. Now we're talking English. Okay. Mr. Garcia -Pons: So, in this one, they're allowed to get a bonus of 30 percent, so that number would be -- if they choose to take the bonus, it would be 396,396. Commissioner Carollo: 397. Mr. Garcia -Pons: So if we take the same lot area, the same acre, times the new floor, FLR as 16, the base development amount would be 696,960 square feet. Commissioner Carollo: 396,960 -- City of Miami Page 162 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Mr. Garcia -Pons: 696, 000. Vice Chair Russell: 696. Commissioner Carollo: 696. They're double. Vice Chair Russell: So, they're about doubling. Commissioner Carollo: 696,960. Right. Mr. Garcia -Pons: Yes, sir. Commissioner Carollo: Plus the bonus, plus the bonus. Plus the bonus. Mr. Garcia -Pons: Which is now -- Commissioner Carollo: But let me just make sure I understand that. We went from 304, 920, but they could still get a few bonuses and go to 396, 397, you're saying? Mr. Garcia -Pons: Yes, sir. Commissioner Carollo: But that's with different bonus. So, what we're approving today is 696,960 -- Mr. Garcia -Pons: As a phase. Commissioner Carollo: -- and one acre. Plus additional bonus on that. Okay, so give me the additional one. Mr. Garcia -Pons: It's 906, 000. Commissioner Carollo: 900. Mr. Garcia -Pons: And six. Commissioner Carollo: And 6,000. Mr. Garcia -Pons: And 48. Commissioner Carollo: And 48. That's including the bonuses? Mr. Garcia -Pons: That is the bonus, correct. Commissioner Carollo: Would you mean -- hold on, hold on, hold on. The 696,960 plus the bonus equals 906? Mr. Garcia -Pons: Yes. Commissioner Carollo: Okay. That's what I thought. Vice Chair Russell: So just under tripling. No, just about tripling, right? I remember seeing three croquetas in the analysis. Mr. Garcia -Pons: That's about right. Commissioner Carollo: Okay. Here's the way that I feel we should be doing this. I don't mind going higher there but look -- this workforce housing. They want to do workforce housing with -- they want to do whatever they want to do there, they want City of Miami Page 163 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 to sell more luxury condominiums, that's all fine. But you know what? Don't tell me you're going to pay me by X percent of workforce housing if you exercise your right to do more. 1 want cash, good US dollars. 1 might consider the Euro, but 1 prefer the dollar. No bitcoins, no winks, no smirks, dollars. No workforce housing. So, what 1 am proposing is what I've been speaking about from day one here, and the previous planning director was supposed to be working it out. I don't know what happened. We come up with a percentage that we get them to pay us. No workforce housing. We'll build it ourselves. Or moderate -income housing, or low-income housing, or whatever we want to call it, we build it ourselves, but they got to pay us, and we'll approve this FAR (Floor Area Ratio), but instead of workforce housing, there's going to be a cash number attached to the percentage. Vice Chair Russell: So, Commissioner, I think for a long time this has being our discussion between inclusionary versus -- Commissioner Diaz de la Portilla: If I may, I'm sorry. Go ahead and then recognize me because I have some points to make too that kind of piggyback on what Commissioner Carollo -- Vice Chair Russell: Absolutely. Commissioner Diaz de la Portilla: 1 was the one that raised the objection to this. And I think Commissioner Carollo is 100 percent correct. But it goes beyond that. Because we really need to explain what's really happening here. And whenever you're finished Vice Chair Russell: Thank you. I'm definitely in agreement that they need to give us more, and they can give us more. We -- but the philosophy of inclusionary zoning versus taking the money and building elsewhere, I would like to compromise with you on that because it's a philosophy I believe in, and I want -- I don't want to send affordable housing away from the center of the city. I would love to have it as close to transit and everything as much as possible -- Commissioner Carollo: But hold on. Remember that we have something at our disposal, it's called eminent domain. So, if you want it right next door to them, we can look at that possibility and see what we could buy. Vice Chair Russell: But that's very expensive. This is their land, their project and they're willing to put workforce or below housing in it. Commissioner Carollo: Yeah, but Ken, look -- Commissioner Diaz de la Portilla: They're not willing to do anything. Commissioner Carollo: I think you mean, you know, well. Commissioner Diaz de la Portilla: They're not willing to do anything. Commissioner Carollo: I'm not questioning where you're corning from, because I think you're really trying to do something that's good for the city. Vice Chair Russell: Well, why don't we do a hybrid? Commissioner Carollo: Well, let's discuss it. I'm willing to listen, but the problem here is that we've been getting, in plain English, and I apologize for not being politically correct, lightly screwed .for years with this BS (expletive) workforce housing. We have no one to supervise it even if they would give it to us. And then, even if they would, the difference is so little between market rate and workforce City of Miami Page 164 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 housing for a two -bedroom, and that's if they're willing to do it for a few years. But if they don't, we really don't have the personnel to enforced it. If we can't even collect the garbage correctly, that's why I spent my whole lunchtime basically today in making sure that a good section of one street was cleaned up because of what was not picked up today. Who was going to tell me that we're going to be able to be on top of this? So, what 1 am talking about is that, hey, I'm all for it. They're going to make a lot of money in this, a lot of money. You know, be fair and share it with the city so that we could build more affordable housing that the bulk of what people could afford it because all this workforce housing, they'll be people from Liberty City, Little Haiti, Overtown, Little Havana, Allapattah, Flagami, et cetera, that are going to be going to it. They're going to be coming from other parts of the country like New York, like Boston, like Chicago, like California, other parts of Florida, other parts of Miami - Dade County, and these are the people that are going to come. Not our people, and then our neighborhoods that are hurting, the people there stay the same or worse. And these are the people that we have a responsibility to make their lives better, to get them out of the poverty, in the way they are living in by helping them, and we could do it. The problem is that all these developers are a bunch of greedy son of a guns, and they think we're all a bunch of suckers up there, that with just a little bit of money throwing it here in a campaign, throwing there. That all these sucker politicians are going to bend over and give us whatever we want. And hey, if you don't do it, we're coming after you in the next election, and we're going to finance a candidate against you, and this is what's being going on for too many years. And what 1 was saying is let's break out of that box we're in. Let's do something different for our people, and let's get money in hand -- let them make additional profit in more units but let them share that with the city so that we can then get into housing, the people that could never afford to get in their so-called workforce housing. And that's all that's I'm saying, Ken, that there has to be equity and fairness in this process. How the heck am I going to give someone 200 percent in addition to what they are allowed to build now with a promise of workforce housing that ain't going to make a difference to the people that live in the city of Miami, and you know that -- well., we have some very expensive areas in Miami. The bulk of Miami is not like that. The bulk of Miami is a humble poor city, and, you know, we have to stop doing business the way we've been doing it. I'll -- you know, I'm in favor for it. They want to go, you know, all the way up where you need gas to breathe in. Fine. But whatever you going to sell that for, that extra 200 percent that we're giving them, share with us. I'm not asking for 200 percent in return, you know, but there has to be a medium. You know, if we're going to give them two-thirds more, let's get at least a third of you know, for them to pay us on what they're going to gain, at least 25 percent. That's fair. And, you know, we have to find a way of doing this. Vice Chair Russell: Thank you. Commissioner Diaz de la Portilla and then, Commissioner Reyes. Commissioner Diaz de la Portilla: Let me take it a step back and talk a little bit about the four buildings he spoke about, which are the Melo buildings that they developed there. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: Okay. Those four buildings was an ordinance that was created, that created T6-24b. That deal was a deal that was a 140 AMI. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: And that 140 AMI is above the market rate for that area map. It is. Vice Chair Russell: My understanding is $200 below market. So, we're not close but City of Miami Page 165 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 were notfar-off. Commissioner Diaz de la Portilla: Thanks to Commissioner Reyes, who passed a different ordinance that brought it to 100, he makes this -- or at least the beginning, it seems more palatable because now it's 100 AMI. But this is 119 folios, 119 parcels. This is the last area in downtown, the last part of the urban core which is going to be a 33-acre park, the Underdeck, under the signature bridge that's going to connect the southern part of downtown to the northern part, like -- and it's going to create an environment where we actually have a workforce housing. Ifyou change -- ifyou do a wholesale re -zoning, this becomes -- even on 100 AMI because Commissioner Carollo's correct. They have to do a heck of a lot more. You're almost tripling the square footage. You're giving them way more than they need to make a lot of money on the back -end, and we get screwed. This -- as this is rated today, this is the biggest giveaway to developers in the history of the city of Miami that's not been following policy to the city of Miami. This is changing -- wholesale change of 119 folios in an area that's the last remaining area of downtown Miami that there's space available Jrowhat? Parks, for affordable housing, for real workforce housing. And the only requirement in the areas that you passed, Commissioner -- Chairman, was that they have 14 -- one -four -- percent of workforce housing. So, you're tripling their ability to build units, and we're only requiring 14 percent. And you're not requiring, like Commissioner Carollo said -- okay, I say we do 25 percent, 21 percent, but more than 14. And 1 say -- like Commissioner Carollo says -- let them give us the money, and we want to build it somewhere else. But this, the way it's written, it's just a whole bunch of landowners. It encourages -- not developers. And the purpose of a CRA (Community Redevelopment Agency) is to redevelop slum and blighted areas. This is a haven for flippers and speculators. They get it rezoned, and they turn around, and they sell it for a higher price to someone who may or may not develop it. Because once it's re -zoned, all of a sudden something that's worth 5 million is worth 7 million because now it's three times the number of units. And they had no intention -- I'm going to say -- well., I think it's like 60 something owners total., or something like that. Not all of them, maybe some of them really want to develop. But most of them, if I were them -- if I were -- not a greedy developer, just a developer, I would say, heck, now this is zoned at this rate, now, I could sell for -- I could make $200 million. And the area remains the same. Nothing happens. The way this is written today -- in my opinion, this has to go back to the table. We have to look at whether they're going to give us dollars for an affordable housing fund. Whether they're going to want to require a higher percentage of workforce housing in the units, I agree with Commissioner Carollo. I don't care if they go up 70 stories, but give me 200 units that are workforce housing units. They'll go up 30 stories and give me, you know, 15 units and say you're doing workforce housing, and the other units are at market rate, and they're restricted for a limited period of time, right? And then it's a legacy problem for your grandkids, and Miami ends up exactly where it was. The last piece of urban core area that we had to develop, we do the same thing that we did in Wynwood, the same thing that we did in the other part of downtown, the southern part. It's a Miami for millionaires. The average folk here cannot afford it. Everybody west of 1-95 is not rich. Everybody east of 1-95 is rich. It's the last area east of 1-95 that we can develop. We can no longer go to Edgewater. We can no longer go to -- where the Downtown Development Authority covers. All that is unaffordable for 90 percent of Miamians. And the only people that can afford it, like Commissioner Carollo said, are the New Yorkers or the foreign investors that buy for the future and sit on it. That's why half the buildings are empty. That's the problem. This is not good public policy. This is horrible public policy. When you do a wholesale rezoning without having the proper conversations about the last piece of area in Miami, in the downtown Miami that we can develop the right way, so we don't make the same mistakes and we learn from our mistakes, our Wynwood mistakes, our downtown Miami mistakes, even our Edgewater mistakes, and some other areas that have been -- that we have not had the foresight to look at what's going to happen down the line. Let me get out of here, and we'll all be out of here. Ten years down the line, we look at that area, and we say, you know, this City of Miami Page 166 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 is the affordable part of downtown Miami with regular Miamians, and maybe the southern part of the signature bridge will he for the rich Miamians, or outsiders, or investors from New York. And the northern part will be for regular Miamians. Please defer this. Let's talk about it. Let's have Planning take a look at it. See if they come back with us with something that works that has a broader vision for what happens in this area and not something that will only benefit developers. That's all this does. Vice Chair Russell: Commissioner Reyes, then Commissioner Carollo. Commissioner Reyes: My turn, my dear Commissioners. Vice Chair Russell: He's been waiting. Commissioner Carollo: You have. Commissioner Reyes: Remember that you don't take so much time. I might forget what I'm going to say. Okay. Commissioner Diaz de la Portilla: Sorry. Commissioner Reyes: I only have -- I mean, I'm going to start by saying hallelujah. Hallelujah. I've been saying this since day one. And 1 remember that Commissioner Carollo and myself at first, we wanted to establish the housing -- 1 mean, it was a housing department that we wanted to -- Commissioner Carollo: Authority. Commissioner Reyes: I know, a housing authority. And we wanted to start that. And what we -- I mean, we proposed exactly what Commissioner Carollo is saying. In lieu of giving us the inclusionary signing that all those apartments would, what they call -- it was a farce that workforce housing to contribute to that fund, remember? The old city manager never followed through with it. I believe that -- I believe what both of you are saying at this time, this wholesale zoning, you know, I mean, a whole lot. I think that we have to look at case by case, you see, lot by lot. And we -- I couldn't go below on workforce housing a 100 percent because I wouldn't get the votes, you see. At the time everybody was talking about a 140, 110, 120, and the old planning Director was all in favor of having a 140, and I said, no, they want to develop, yes, they would develop, because that's the only thing that they know how to do, okay. That's the only thing that they know how to do. And I believe that what we should do is analyze your proposal. In lieu of inclusionary housing, give us the funds and then give us a payment, or in a case like this, I mean, you -- we don't want a 100 percent of the AMI, which is, they're going to pay, I mean, close to $18, 000 a year, or more, you see. Let's get 80 percent AMI, 60 percent of AMI. And if he used to it start -- and also, we have to develop the mechanism, the mechanism for us to make sure that anybody that it is providing inclusionary housing, it is complying with what they are promising you see. And I think that I agree, why don't we put this aside, and analyze it again and talk, and talk, and talk and try, to find a way that will get real benefits, real benefits and we will provide real accessible housing to our people. Vice Chair Russell: First Commissioner and then Commissioner. Commissioner Diaz de la Portilla: And I'll be -- and I agree with you Commissioner Reyes. And perhaps we have as an idea we're supposed to move forward, an 80 percent AMI and they could buy their way by depositing money into an affordable housing trust fund. Commissioner Reyes: That's right. City of Miami Page 167 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Diaz de la Portilla: Do a 100 percent, right, and say, okay we'll do a 100 percent, but we're going to put 5 million or 2 million, and we'll do it by folio -by - folio basis. Then it's 2 million here, it's 3 million there, it's 2 million there, a119 folios, do the math. They can buy their way up, right? Higher, all the way to a 100 million. A certain percentage guaranteed, and that's another way of doing it. So, there's a whole bunch of creative ways of doing that. Commissioner Reyes: Yes, yes. Commissioner Diaz de la Portilla: So, Mr. Carollo's idea of a housing trust fund, 1 noticed when he was helping me with my campaign, we talked a lot about that. We talked about the housing trust And, and that was one of the best ideas that we talked about it all the time. And that's what we did. But we don't give a giveaway to these developers. But let's think of that. I'm not saying you're doing that; I'm saying at that time you did what you had to do because of a different era, and you were trying to develop an area that was undeveloped. Miami has grown or lot since. And we need to make sure that this time we get it right. I don't think you got it wrong, it's just that that time was different. The other urban core was not developed yet. Everything was still starting, but those urban cores had not been developed, so we didn't know where they were going. But now we know, we have the benefit of hindsight, so let's do it right. Let's talk about it, and let's take some of it to the Administration. And they can come to us and say, this is a better solution that incorporates everything we've spoken about today. Every Commissioner here. Vice Chair Russell: Commissioner Carollo. Commissioner Carollo: Commissioner Russell, I know that your intentions are -- Commissioner Reyes: Good. Commissioner Carollo: Very honorable. Vice Chair Russell: Yes. Commissioner Carollo: I have no doubt on that. I also know that you're as frustrated as any of us here, except we all express our frustrations in different ways that we're not getting housing done, and each segment of the city has different needs of the type of housing. Yours, in district two, has more of the type of what is called a workforce housing and needs, and I understand that. But to give you an example that again, we could all understand, I've been talking about the Home -ownership program that we're going to be taking action on soon, where we're looking that people that buy are going to end up paving approximately 50 percent of what we can sell that condo unit out in the market. It's an outstanding value, those are moderate income units. We could do the same thing in this area, where we could buy property, we will have the exclusive rights of a certain type of zoning for governmental agencies to build workforce housing, moderate housing. And instead of charging 50 percent of market value, because it moderate housing, you need workforce housing, you got people that could pay more. There well charge them 75 percent of the market value of that property. Well still make 20 to 25 percent on markup. Even if we sell it to them at 80 percent, we still make 20 to 25 percent on a markup, that we can use to build more. And we're accomplishing workforce housing that's much more workforce, we're doing it ourselves, and these developers who want to take us to the cleaners aren't going to be laughing at us every time they get to the bank. So, there are ways that we could do it, maybe, but I would suggest that on this particular type of housing, that's separate than what we talked about before, because here we're talking about a segment of the population that could afford more. So here, the city can make some money, you know. We're not greedy like the developers, but the city can make some money so that we can keep throwing in the pot and build more. Maybe on this one we should have some City of Miami Page 168 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 kind of meeting just on this issue, look at different ideas and different possibilities and maybe we can do some mixtures of things also. Commissioner Diaz de la Portilla: We can have -- Commissioner Carollo: But what I'm very concerned about Ken, is giving this blanket zoning, that we lost control of it all, and then you're going to have all kinds of people flipping back -and -firth. And then I found out that the guys that always make money are the ones that sell the property. Vice Chair Russell: The Miami way. Commissioner Carollo: Because no matter how much the market might change, you know, if they sell that, they're going to make money. So, you know, I feel your concern and your pain, but we have to do it right. We just can't give it away. And before we do, we got to give it a lot more thought, I think, in -- in how we go about this and this big chunk of land. Commissioner Reyes: How about this. Vice Chair Russell: Commissioner Reyes. Commissioner Reyes: How about this? You see, let's do numbers, you see. Let's do numbers. And let's -- Commissioner Russell, I mean, he floated an idea that is quite plausible, which is, let's do a hybrid. You give me some at this X percent, I mean at 80 percent. You want to go market rate, you pay, you see, you pay. 1 give you so many apartments, but I need back. I mean, the inclusionary zoning, that I don't disagree with it as long as it is real accessible. Give me some of this inclusionary, I mean, this - - so many apartments at X whatever percentage that we decide, 60 percent of AMI, whatever and the rest you can go market, rate. But you have to pay a premium added, you see? You have to pay, and in that way, we are going to get some money. Because let me tell you the name of workforce, follow the literature. Workforce was developed in order to avoid the affordable title of housing, because many neighborhoods, they were so much opposed of poor people coming into the neighborhoods and low-income housing, you see. Instead of saying low-income or affordable, they call it lab -- I mean workforce. But the mistake or what they didn't do, is that they violated the affordability of that housing, those homes, or those houses, by allowing the developers to go as high as 140 of AMI which precludes, I mean, I would say 80 percent of the population from going into that house, you see. That's when -- that was when the problem comes in. But let's keep it -- let's stop calling them that, workforce housing, let's call it for what it is, you see. Let's call it that if they are at a 100 percent AMI, you see, they will have to pay, I mean, it's around (FOREIGN LANGUAGE) -- you have to pay $17, 000 a year in rent, you see. I mean, in order to be affordable, you see what I mean? Let's do some numbers. Let's do some numbers. How much will they have to pay? I mean, how much the rent will be. How much would you get if you go at the average market rate, how much are given you, you see? We are giving you 200 additional units. Well, how much is extra, additional, you're going to make. And how much are you going to pay us for those additional, you see. And how are we going to receive it. We decided we want a percentage, all of us, 60 percent AMI or 70 percent of AMI and the rest cash. That could be it. That could be it. I don't know. Let's float all this ideas. But the -- you know our intention, all of our intentions here, it's every single one of us, is to provide affordable housing to the people of this -- of Miami, because housing is a huge problem in Miami. Rents are incredibly high, because most of the reason is because of demand -- supply and demand, you see. We cannot stop people, from developing, but we cannot allow them by giving them whatever they want to build apartments that they are, or the units that they cannot be affordable, with our help. City of Miami Page 169 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Vice Chair Russell: All right. Commissioner Reyes: Okay. Vice Chair Russell: So now that you all are done beating me up, allow me to respond. Commissioner Reyes: No, no, no, no. Vice Chair Russell: Allow me to respond. Commissioner Watson: Can 1 step on your toes real quick? Vice Chair Russell: Get in another punch. Come on, bring it on. What have you got? Commissioner Carollo: No. That's not the case, man. Vice Chair Russell: I'm just messing. I'm just messing, please. Commissioner Watson: I just want to say, I think with respect to the big package, there might be some merit to that, and we can figure out how to not do that. But clearly, as we continue to talk about this AMI number, bear in mind we don't create that number. And so, 1 think in some respect, some area codes SMSAs (Standard Metropolitan Statistical Areas) have a higher income level, but that number only relates to people getting federal funds. It doesn't relate to somebody walking into the bank, so they don't really care if you walk in the bank and do a private deal what the AMI is, either you can't afford or not. And so, from that perspective, we can continue to stay with low. But the percentage is really not relevant for private guys, it's more relevant for us when disbursing our dollars and federal dollars. There is some merit to what the hybrid system may do, because clearly, we don't have the ability to track these numbers. And if I remember correctly, you might very well know there's a project that was already done, a condo project, that they couldn 't get any takers, and it was about 200,000 odd dollars for condos they opened up as a part of that workforce category, and there were no takers. We have to be careful that the persons who are workers, that may be making money in the 60 to 70,000 categories, who can afford, because there's not that so much more you can do in the lower category. With those folks you are right, you know, need to be close to the downtown core, because then you erase transportation costs and the like, and they're able to be down there working. All this type of folks coining here, they're not going to hire our people, they're going to hire finance guys, they're going to hire those sort of folks. And so that's something that has to be considered from that perspective. So just to — Vice Chair Russell: Thank you. That wasn't so bad. You know, it took me about two years to put together T6-24b and get the transect zone created. And now it's taken about two years to try to get the map actually assigned, and so some might think that I would be very frustrated to be here at the finish line seeing it getting pulled out from under. But let me tell you this, I'm right now like, I don't know if you're familiar with Br'er Rabbit, before he's getting thrown into briar patch, please don't throw me in the briar patch. You throw me in the briar patch, I'll tell you what, if you're all in there with me, that's exactly where I want to be because this is the deepest discussion we've had on T6-24b, on the opportunity and potential for this area of town and what it could mean for Miami. I ask you to allow me to continue with the inclusionary concept in this hybrid money and inclusionary on -site offsite for all districts. Because those janitors that we honored this morning, we don't honor them if they have to drive two hours to get to the Miami tower to go on strike. They should be able to live within any district in this city. And I really believe we don't need to make a poor part and a rich part, and that's why I really believe inclusionary could work. The developers told me, no, it will not. If you force me into inclusionary, I will never be able to get .financing, and nobody would lease my units. All the towers that were built there this City of Miami Page 170 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 past four years are leased out. Now granted, it was a very generous package on FLR and granted it was not a very demanding requirement on affordability. But as you said at a different time, this is what I could get passed between the will of this board and the strength of the developers. I said at least I can get 14 percent at workforce, which at that time was at 140 AMI You know what, I'll call it a day and see where we go from there in terms of its -- it was the first in the State, mandatory inclusionary zoning when it was created as a transect to see that we as a board and maybe it's because now we have a stakeholder in the Omni and a stakeholder in the DDA and everybody, is focused and looking together on how we can work together on this, we can come up with a better solution. But on my own, 1 didn't have the strength against the development world to make demands that I can pass on this board. But I recognize and we can take the square footage that we talked about, Director, and convert that to what that is in dollars. What are they getting from us when you triple their square footage in dollars in the market rate for that area. And then the request is what do we request back in exchange for that as a package. Now, I'd like to work on this together. I would like a hybrid concept where there is a base inclusionary requirement that is a real affordability, and then a financial package that goes into however we agree it should be shared up amongst all districts and the city to be used for affordable housing in the deepest possible levels. One thing we should make note of though, states statute preempts us from creating inclusionary zoning on the shoulders of the developer, meaning we can't fbrce them to pay for it out of their pocket as -- so we're preempted from them. But as you see this is -- Commissioner Carollo: But, Ken -- Ken, where have you seen a developer pay for anything out of their pocket? It's only because they're going to get money afterwards. Commissioner Diaz de la Portilla: They're going to do it voluntarily because they're going to make money. Vice Chair Russell: Right. So, it's two things. So, one, we don't want to get preempted, but two we want to incentive them. We want them to be profitable, so they actually build it. Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: And so, I would say the Omni CRA is an absolute necessity partner in this deal because they can create the tip package that comes along with this requirement and makes them whole and even profitable. But we get what we need without reaching into our pocket as a city. Commissioner Carollo: But that's the point that I'm trying to make. If we have the zoning that's for city projects only. With the kind of money that the Omni CRA will be able to generate and funding out, we could do just about anything in that area. And that's the point that I'm trying to make. And this is why I don't want to see that we just give this away because I guarantee us one thing. The minute we do that, it's just the way, that it is here, you're going to see those properties flip constantly. Commissioner Diaz de la Portilla: We can generate hundreds of millions of dollars. Hundreds off those 119 folios. I'm not exaggerating. Vice Chair Russell: Now, one thing I do though see, is a benefit if we can create a comprehensive program that we were not dealing lot by lot because I want to see fast action in development here. So, Mr. Gauger, Mr. Pons, I think what you're hearing here is a directive to go back to the drawing board on T6-24b. Jeremy and I worked on this, for years so let's -- this one is going to be the one that passes and gets applied and creates development. Something that hasn't been mentioned here is I would like to bake in either a carrot or a stick that causes those developers to build it. We don't want flipping; we don't want land banking. We want an incentive to create housing City of Miami Page 171 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 now. Create inclusionary housing within the Omni and create a fund that creates housing for the city in all districts. Commissioner Reyes: And let me tell you this, you have a point with inclusionary -- every one of those businesses, they need people to work at the business. We need dishwashers, the restaurants, they need waiters, you see. And we don't -- we want to provide them with a place to live so they can -- they don't have to come from Homestead, you see. And that is part of what supposedly workforce was supposed to do. But it was, I mean, totally taken out of reach. But I'm with you with inclusionary housing and Pm with you on that trying to create a hybrid. Vice Chair Russell: And we want the deeper they go into affordability, the more they get in FLR. So that it is an incentivized scale to achieve our goals and theirs together. Commissioner Reyes: That is the carrot. I give you -- go deeper on affordability and I'll give you more. Commissioner Diaz de la Portilla: But let me -- Mr. Chair. But the base can't be this. Vice Chair Russell: No, that's correct. Commissioner Diaz de la Portilla: It's going from seven to 21, so the base cannot be this. So, we have for lower the base and then we give him the incentives for more space, more square footage. But right now, we're going from 360 to 900 and something. So, it's tripling. We have to have a lower base and then little by little, we go increasing as they deposit money into our housing trust fund or as they give us more percentage of affordable or workforce housing and the particular unit building, they're building. But I agree it has to go to the entire city. So thats sort of what we want to do. That's kind of what we want to do, I think, right. Well, we're in agreement that we do a hybrid. It has to include money or trust fund, it has to include a scale about 80 to 100, they have to buy into. And I would like for it to include a higher percentage of workforce housing in each building. I agree with you also that it doesn't have to be one by one to get to a hundred and nineteen. It could potentially be four or five or six here, seven there, by region, by area as we move forward. But it has to be very, very generous for our city, that we generate as much money as possible. And we can always tweak it along the way if they're not incentivized enough. We can always have more carrots and throw it their way, you know. But I agree, but not a giveaway. So, the scaling little by little. That's the only thing that I would recommend for if we wanted to do it and I guess you're going to make a motion. Vice Chair Russell: Mr. Director, how much time you need? Mr. Garcia -Pons: Mr. Vice Chair, so there's' two things. This is just for the map. Vice Chair Russell: We're starting from scratch, so T6-24B is going to have -- Commissioner Diaz de la Portilla: The ordinance is included too. Vice Chair Russell: We're going to need to amend T6-24B as a zoning transect. Commissioner Carollo: And last, if I may, Mr. Director. Outside of what you heard here, just if we could look at all different options. If you could include one that's strictly on developers paying cash or more square footage built. This way, we have what Commissioner Russell has asked for and what I mentioned originally or any mixture that you would like to include so we could have all the different options that we can look at it and go on about it at our disposals, so when we discuss it, we'd have everything on the table. City of Miami Page 172 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Mr. Garcia -Pons: Yes, sir. We did hear several different alternatives that we would explore and bring back to this body. Mr. Vice Chair, so 1 think there's two things. One is this item should probably be withdrawn because it's the map change, and we'll get back to it at another time. And then we'll come back with a new item, which is going to be the text amendment for T6-24b. Vice Chair Russell: Next time, let's bring them together. The text amendment -- Commissioner Diaz de la Portilla: And the map -- Vice Chair Russell: And the map change. Commissioner Diaz de la Portilla: And the map. So the changetoT6-24b, the ordinance, and then then the new map that comes back, but not a hundred and nineteen folios, right? Because I mean -- I think the idea of -- well, my feeling, my thoughts. I don't like the idea of a hundred and nineteen at once. The wholesale thing is something that -- Vice Chair Russell: We can do a deeper analysis if we would like to get outside help as well if you think we need it, we can do an RFP (Request for Proposals) contract, a planning firm to really study it as we've done for Wynwood Norte, as we're doing Ibr Coconut Grove. Commissioner Diaz de la Portilla: Why do we pay these guys the big bucks? Why do we need an outside firm? Vice Chair Russell: I just want to make sure it gets done with the -- I mean, if they can do it in-house, I completely' trust them. But 1 want a deeper analysis so that we can be as comprehensive and broad reaching as -- but smart. Commissioner Diaz de la Portilla: I think both of their backgrounds are urban planners. So, I think we have very capable people here to come back with something that makes sense, that's not a wholesale rezoning of an entire part of Miami. Mr. Garcia -Pons: So, we would very much like to do that Commissioners, so I don't think we have the resources to do it in the amount of time that you want this to get done. So, it may require getting somebody to help us do some of the background so that we can then manage it and move it more quickly. Commissioner Diaz de la Portilla: Can you do that -- if 1 may? -- internally or do we have to come through the whole entire process? Can you do -- guys do that internally, hire an urban planning firm to help you? Mr. Garcia -Pons: So, we currently have it in the procurement process, the ability that we're about to get a pool of consultants. So once we have that pool, we'll be able to draw from that. Vice Chair Russell: I have a suggestion. The CRA has a little more flexibility as well in procurement. And if we're going to marry it to a TIF (Tax Increment Financing) deal, perhaps that planning exercise could be done through an independent contractor at the CRA level. Commissioner Diaz de la Portilla: So we can share it. Remember, we're going to spend all the money in the whole city. Yeah, I don't mind picking up some of the costs. Yeah, I don't have a problem. Vice Chair Russell: But I ju,st want to create the flexibility -- City of Miami Page 173 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Diaz de la Portilla: Yes, sir. I don't have a problem with that as long as you get it done and as long as you get the hest urban planners that we can including you guys to help us get it done. Commissioner Watson: Is it a planning exercise or an economics exercise? Mr. Garcia -Pons: I'm sorry, sir? Commissioner Watson: Is it a planning exercise? Commissioner Diaz de la Portilla: It's both, it's both. Vice Chair Russell: It's both, you're right. Commissioner Diaz de la Portilla: Urban planning includes different levels of housing. Mr. Garcia -Pons: It's a planning exercise for the zoning, the text amendment. But we would need some help with the background housing. How to build the housing plan that works so that we can then provide that as a text amendment to you guys. So, it's a little bit of both. And it would help to move things more quickly if we did have access to the CRA currently because we won't have our consultants for at least a couple of months. Vice Chair Russell: Looks like we need to get together as a CRA and pass the resolution with this intention. I don't think we need to resolve here to tell the CRA what to do because it's us with different hats on. So, I believe that we will withdraw PZ.1. Can -- is it reasonable to think this can be done in a hundred days? Commissioner Diaz de la Portilla: No. Vice Chair Russell: You need six months? Mr. Garcia -Pons: Six months, I think is the right answer. Commissioner Watson: Don't we have CBRE (Coldwell Banker Richard Ellis) on the hook for something to help us out? Commissioner Diaz de la Portilla: Yeah, we just paid CBRE like how much, like 600 something thousand, or something like that. Mr. Garcia -Pons: But it's going to be more than CBRE. So, we need CBRE -- Commissioner Watson: Okay. Mr. Garcia -Pons: -- to give us some data, and then we're going to work with -- again, if we had the time and the resources in-house, we would do it, but we don't. So, we would then work with an urban planner to help us. Commissioner Watson: Yeah, no, no. I'm just -- I'm looking at the fact that Commissioner Russell says he spent four years. I mean, the planning side has been done. I mean, the only thing that I was -- at least that I was thinking of I think -- right? -- maybe 140 properties, I couldn't understand that when I first saw it hanging on the light pole. But there's a number of young people in this town. If you get a number from them, it's 954. And I'm like, why you have 954 number? Because I can't find nothing to buy or stay in Miami and a lot of them work.fbr us, and the county and other places. And so, we just kind of figure out what the economics are. We can almost figure out market rate economics. I just don't know -- I'm not saying it doesn't City of Miami Page 174 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 take six months, guys. It just seemed like the economics part is what we need to understand. And that's pretty much out there. So, I don't know, this is whatever makes sense. Mr. Garcia -Pons: So, Mr. Vice Chair, we have an item coming up on March 11 th which is the rethinking or the reviewing of the attainable workforce housing as the general big picture item. This is -- this would fall under that same category. I think they were kind of together. So, if we can go six months, we'll be -- perhaps be able to tackle both of them at the same time and give you -- still focusing on T6-24a to b, as well as the attainable workforce housing definition in general because we'll have more information. So, six months would really help us to get what we think to you. It will allow us the opportunity to also workshop this, perhaps with you all or the community so that we can bring back something that's been vetted in some way versus just we did in the backroom and we brought it to you. Vice Chair Russell: I just -- I hear you. I just don't want the words six months to mean backburner because six months ago we passed a resolution asking for a blueprint of the West Grove -- affordable housing blueprint of the West Grove. And three and a half months later, I asked how's it going, and nobody had started. Commissioner Diaz de la Portilla: But we have a new director. So, we hope that six months means six months, right? Mr. Garcia -Pons: If we can get a consultant onboard, six months means six months. Vice Chair Russell: I'm talking finish line six months because I've only got two years left here. I want to see the fruits of this labor. Commissioner Diaz de la Portilla: Well, the rumor mill is that you're leaving earlier. So, I don't know that you have two years. I hear you're leaving next year, but well -- Vice Chair Russell: I'm here. Commissioner Diaz de la Portilla: Okay. [Later...] Vice Chair Russell: Is there a motion to withdraw PZ.1 ? Commissioner Carollo: So moved. Vice Chair Russell: So moved by Commissioner Carollo, seconded by Commissioner Diaz de la Portilla. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. That is it on the PZ (Planning and Zoning) agenda. City of Miami Page 175 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 PZ.2 ORDINANCE First Reading 8365 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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 UNDESIGNATED TO "PUBLIC PARKS AND RECREATION" OF APPROXIMATELY 9 ACRES DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 3301 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Vice Chair Russell: I'd like to move to the PZ (Planning and Zoning) Agenda. PZ.1 is T6-24b. There was some discussion from Commissioner Diaz de la Portilla about seeking a deferral, but he's not here right now. So, let's take up PZs 2 and 3, please. Land use and zoning for 3301 Rickenbacker Causeway. Is there anyone presenting on this item or is there a motion? Arthur Noriega (City Manager): Commissioner, Mr. Chair, what about the discussion items? Vice Chair Russell: I was going to come back to them. Mr. Noriega: Oh, you are you going to come back to them? Okay. Commissioner Watson: PZ.1 and 2 are companion items, right? Vice Chair Russell: PZ.2 and 3 are companion items. Commissioner Watson: Two and three are companion items? Vice Chair Russell: Two and three, this is Jungle Island rezoning. Commissioner Reyes has some thoughts. Ms. Mendez: Well, it's the -- right, it's the no net loss. Commissioner Watson: No net loss. Commissioner Reyes: Mr. -- Cesar Garcia -Pons (Director, Planning): Good afternoon. Commissioner Reyes: Good afternoon, sir. I had an extensive conversation with the City Attorney and I want to repeat what you said -- what you told me throughout our conversation Madam City Attorney, about the uniqueness this -- using this property for as a -- having to comply, but no net loss, that it cannot be duplicated by any other City of Miami Page 176 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 projects. Ms. Mendez: So, we had extensive conversations on this and I think that the planning director is the best one to advise how this particular no net loss situation is not -- how it's unique and how it would be or not be utilized in the future. Mr. Pons: Good afternoon, Cesar Garcia -Pons Planning Director. Commissioner, I have a presentation that can maybe explain it, but 171 try to do it in words first, and if that doesn't work, we can do some graphics. Commissioner Reyes: Look. No -- you see although I'm very visual, but 1'd like for you to state that -- for the records that -- state for the records that this -- the same condition that exists now it is impossible to be duplicated in the city of Miami to suffice any -- no net loss for any other project. Mr. Garcia -Pons: So, what we discussed in this particular case for Jingle Island is the Hobie Beach property at 3301 Rickenbacker Causeway is going to be the receiving property we are going to read -- we are going to designate a piece of property that is currently undesignated. In this particular case Jungle Island, the area that needs to be mitigated for, for no net loss is 5.38 acres which is currently on top of an existing parking structure. So technically, the new hotel structure is going to be on top of an existing hardscape area and will not be encroaching into a park. So, we're going to lose zero green space as part of this application. The mitigating receiving site for that the no net loss site for that is currently a county owned property that is undesignated that currently functions as a park. We have pictures of it, but everyone is familiar with it as you drive by, runners, joggers, and all sails boats -- Commissioner Reyes: I know I have parked there are many times that I went in. Mr. Garcia -Pons: So, in the future, you know, in the future what we're looking to do as far as any future of applications is because of the no net loss policy is written in the comprehensive plan, reference is our parks master plan. And the intent of the parks master plan is to improve the level of service for our residents. So, what we're doing going forward is if a piece of property is currently functioning as a park, if it looks like a park, it acts like a park, people use it as a park, we will not be accepting it as a no net loss property. Commissioner Reyes: Okay. Mr. Garcia -Pons: So, we will -- Vice Chair Russell: That's a change you're proposing. That hasn't happened yet. Mr. Garcia -Pons: It's something that we have been working with since I got here and since before. Is that the intent is to again, improve the parks level of service so that a piece of property that is a currently acting as a park will not be designated as a park for no net loss. We want to improve the park service to the residents. So, any new piece of property could be vacant it could be city owned, it could be county owned, it could be anything, it just can't be a current park that we're just re -designating and changing the name. If it's not a park it's eligible, if it's currently used as a park -- Vice Chair Russell: Define if it's an empty piece of land where some people go and play a pickup soccer game but we have no amenities there is it a park? Mr. Garcia -Pons: Now if it's functioning as a park in some official capacity. Vice Chair Russell: In an official capacity. City of Miami Page 177 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Reyes: In official capacity that's the one. Vice Chair Russell: These are very clear terms you're making, and it has consequences obviously. And so, I want to know what -- I don't know, I wanted to have that applies to this particular application because I think we are taking an existing park designated it as a park. Mr. Garcia -Pons: And that is something that was done previously to what we're doing. So, my understanding is in this particular case, because of the specificity of the applicant having a piece of hardscape that is not encroaching into the green space in Jungle island it was decided that this would suffice. Vice Chair Russell: Understood. In my opinion, the spirit and the letter of the no net loss policy is honored here, we are not losing park space and we are not gaining parked space it's a wash. And so, I'm okay with this. But I think what Commissioner Reyes is really asking is does this create a precedent or can this be repeated is -- was his question. And I think that's what he'd like you to address. Commissioner Reyes: Absolutely. Mr. Garcia -Pons: I'm sorry if it wasn't clear the answer is we would not be looking to accept any property that currently functions as a park in this particular case, since the county uses that a parking it's on designated, we would not like to do this going forward. We're not -- Vice Chair Russell: The idea is the department are okay in your analysis -- Mr. Garcia -Pons: In this case? Vice Chair Russell: Yes. Mr. Garcia -Pons: Yes, because of the situation -- Vice Chair Russell: Because we're not losing a park with the other side that is we're not losing anything. Commissioner Reyes: They are not losing green space. I know Commission that you -- I mean, and I learned that for you the first time that I came here, that you are very much into maintaining green space and maintaining our parks. You see and as a matter of fact increasing. And I -- you know, the way I feel about green space. And I want to make clear that if we lose a piece of any park that I they cannot come in and said, oh, you know, Hialeah there is a park that we are going to designate it as a city of Miami park. You understand? Vice Chair Russell: I do. Commissioner Reyes: You see that's what I don't want. Vice Chair Russell: Thank you. Are you satisfied with PZ.2 and 3 then? Commissioner Reyes: Yes, sir. I'm satisfied with that. And then, to the record, this is not going to be duplicated, right? Mr. Garcia -Pons: We're not going to be accepting a -- Commissioner Reyes: You will not be accepting any of other area that has been used as a park -- City of Miami Page 178 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Mr. Garcia -Pons: Currently. Commissioner Reyes: -- to comply with that no net loss. Okay? Vice Chair Russell: Thank you. 171 take that as a motion. Commissioner Reyes: Yes, sir. Vice Chair Russell: Moved by Commissioner Reyes, seconded by Commissioner Russell as for PZ.2 and 3. Do you need to read it into the record? Sorry, Commissioner this is Jungle Island, no net loss. Commissioner Carollo: Yeah, this on first reading. Vice Chair Russell: If I'm not mistaken -- Mr. Garcia -Pons: Yes, sir. It's the first reading. Vice Chair Russell: It is. That is right. Commissioner Carollo: Here's the -- a little problem that I'm having. They're supposed to pay up some money, where is that happen? Mr. Garcia -Pons: 1 am unaware maybe the applicant? Commissioner Reyes: Yeah, in the -- Vice Chair Russell: We have someone who may have an answer for that question. Commissioner Reyes: It is. I mean, I'm glad you brought that up because they made a commitment and last time, thev -- Vice Chair Russell: Oh yes, and they're not past second reading on their other items, either. Commissioner Reyes: The second reading, that's right. Vice Chair Russell: Yeah. Commissioner Watson: But just to clam from that prospective they are supposed to, this was to bring both of them in line at the same time -- Vice Chair Russell: For second reading. Commissioner Watson: For second and then they're supposed to pay before second. So you could -- Commissioner Carollo: That's why the first thing I said was this first reading. Commissioner Watson: Yeah. Commissioner Carollo: But I want to find out where we're at with the money that we discussed last time that you paid -- not all -- owe us, but a particular amount. Spencer Crowley: Yes, sir. Vice Chair Russell: And I would love you to be recognized iijyou'd give us your name, please, and who you are representing. City of Miami Page 179 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Mr. Crowley: Thank you, Mr. Chair. Spencer Crowley, 98 Southeast 7th Street. In the time since the last Commission hearing, we've been working with Mr. Burns and the DREAM (Department of Real Estate and Asset Management) staff to come up with the exact amount due. I can go through the entire breakdown, but essentially, we owe $804,190 and it's taken a little time to make sure we're on the same page with DREAM with respect to that number, and we intend to make that payment prior to second reading as we discussed at the last meeting. So that will be prior to February 25th. Commissioner Reyes: Mr. Burns? Mr. Crowley: February 22nd, whatever the second meeting is. Vice Chair Russell: The meeting is 25th. Commissioner Carollo: The amount that I've heard less than was around 900, 000, I'm hearing about 100,000 left now, who's correct in the amount? Vice Chair Russell: Mr. Burns, you 're recognized. Mark Burns: Mark Burns, leasing manager with the Department of Real Estate and Asset Management. What wasn't taken into consideration when we spoke last was some credits that are due as a result, there are a part of the lease agreement, some damages that were done as a result of Hurricane Irma, we came -- there was some -- there was a dispute as to who was responsible for the repairs. And itself -- and such when we did the amendment to the agreement, we added that as a responsibility of the lessee, and part of it was that we were going to foot -- we were going to give them credits towards their rent. So that's where the discrepancy came from. So, while we were doing these back -and -forth discussions, some of the information that was required, release of liens, canceled checks, all these things, once those were provided, we then said, yes, you're eligible for the credit and that is given to you. Commissioner Carollo: Can you tell us what exactly we give them credit for the we were responsible for? Mr. Burns: So, basically, it's the area -- the seawall area, if you want to call it, it wasn't really a seawall it was like a fence and a retaining wall. And there was a lot of erosion that took place. And when the original lease was done, the lease line didn't go specifically to the water's edge and then, you know, as time goes on the water rose and things happened. So, the lease line kind of went in and out in my opinion, I'm not an attorney and I'm not a surveyor either. But from when we did speak with attorneys, surveyors, all these different — it looked like in certain areas, the lease line kind of would go in and out of the fence, what was kind of a shared responsibility. It was like a loose end that needed to be tied up. So, when we redid the amendment, we said we'll come up with a portion, we'll credit you for a portion of these repairs, to basically stabilize our waterfront and, you know, put in riprap and they 're putting in things so that won 't be erosion — as much erosion in the future and will give you a credit upon your rent. That was the reasoning behind it. Commissioner Carollo: And how are we or how are they going to repair if we're given them a credit? Mr. Burns: I can't hear you. Sorry. I apologize. Commissioner Carollo: How's it going to be repaired, so this would have been again, and who's going to repair it? City of Miami Page 180 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Mr. Burns: Riprap, mangroves, things of that natural barriers, over there is what's -- Mr. Crowley: We can -- Mr. Burns: -- being installed. Mr. Crowley: -- we can send you a copy of the plans. I have a sheet here of the plans that were used to restore the riprap so, you know, basically is placing large boulders on that shoreline to prevent ficrther erosion like the erosion that was experienced during Hurricane Irma. Commissioner Carollo: Okay. All right. So that's fine. So, you're applying, knows well that -- Mr. Crowley: Yes, sir. Commissioner Carollo: This is in our first reading. We're coming back together and we expect to be paid in an agreement signed in blood that you're going to make the monthly payments. Mr. Crowley: Understood. Commissioner Carollo: No corning back or any more excuses on the monthly payments. Mr. Crowley: Understood. Commissioner Carollo: Okay. Mr. Crowley: Thankyou. Commissioner Carollo: Thank you. Vice Chair Russell: Thank you. There has been a motion. There has been a second on PZ.2 and 3. Read into the record, please. Ms. Mendez: PZ.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.3. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Is there any further discussion? All in favor of the item, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on PZ.2 and PZ.3. Mr. Crowley: Thankyou all. See you in the next meeting. City of Miami Page 181 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 PZ.3 ORDINANCE First Reading 8366 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM UNDESIGNATED TO "CS", CIVIC SPACE, OF APPROXIMATELY NINE (9) ACRES OF REAL PROPERTY GENERALLY LOCATED AT 3301 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PZ.3, please see Item Number PZ.2. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 182 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 FL - FUTURE LEGISLATION FL.1 ORDINANCE 8454 Department of Resilience and Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION GRANTING TO PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON- EXCLUSIVE NATURAL GAS FRANCHISE AGREEMENT TO USE THE PUBLIC RIGHTS OF WAY OF THE CITY OF MIAMI, FLORIDA, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO; PROVIDING FOR PAYMENTS TO THE CITY OF MIAMI DURING A TERM OF 30 YEARS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE; AND REPEALING PRIOR ORDINANCE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 183 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 NA.1 8627 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING OUTSIDE COUNSEL TO FILE AN APPEAL OF THE CIRCUIT COURT'S ORDER ON CROSS -MOTIONS FOR SUMMARY JUDGMENT IN THE MATTER OF ERNESTO CUESTA, ET AL. VS. CITY OF MIAMI, ET AL., MIAMI-DADE CIRCUIT COURT CASE NO. 20-6298 CA (43). ENACTMENT NUMBER: R-21-0060 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Commissioner Carolio: Can this body approve that -- Victoria Mendez (City Attorney): Yes. You can. Commissioner Carollo: -- today just to reserve any rights and that assuming we're going forward, that we're just reserving our rights to the max, trying to find a way to come into a global agreement and everything? Vice Chair Russell: What action would you recommend today? Commissioner Carollo: I would recommend that we instruct the City Attorney to file the -- an appeal. Because there's some issues here that have nothing to do with, you know, you guys. And frankly, you're both stuck in the middle of that whole issue. And we need to sort it out to see what we want to do. But i f you could do that only for the purpose of protecting our rights in any of them. And we proceed with what we had done here before. Given, you know, until the 25th to come back to us and see if there could be an agreement. And, you know, maybe, you know, they'll come to an agreement, maybe they're close to it, maybe they will tell us there's no way we could reach one. But at least it gives us a little more time to see if we could overcome what would be before us then. Vice Chair Russell: So that is a motion to defer RE.4. Commissioner Diaz de la Portilla: No. It's not a motion to defer. It's not a motion to defer. Vice Chair Russell: Why is it not? Commissioner Diaz de la Portilla: Because it's a motion to instruct to appeal the case. Vice Chair Russell: That -- I'm going to strike that. Commissioner Carollo: Well, the first one is a separate motion. It's a motion -- Vice Chair Russell: Which motion are you making then? Commissioner Carollo: The motion that I'm making first is for the attorney -- City City of Miami Page 184 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Attorney to appeal all the cases to protect our rights on any potential reason that we might want to go forward with anything. Vice Chair Russell: Does your motion -- Commissioner Diaz de la Portilla: And I'll second that motion. Vice Chair Russell: -- incorporate collaborating or working with Mr. Stearns and Mr. Helfinan? Ms. Mendez: It's two separate issues. Commissioner Carollo: It's two separate issues. Vice Chair Russell: Okay. So, there's a standalone motion to file the appeals. Ms. Mendez: Right. And then stay it. Vice Chair Russell: There's a second from Commissioner Diaz de la Portilla. Ms. Mendez: And then -- and we will have Rocky Rodriguez work on that which is just to file it and stay that issue and then 1 think you have a separate motion. Vice Chair Russell: Thank you. Public comment. Mr. Stearns, you want to mention something. Eugene Stearns: Brief comment is that the parties can always agree to waive the mediation confidentiality. For example, if the point that Commissioner that you raised about what I call the camel's nose in the tent is a point that the parties can't reach agreement on. If everybody waives it, we can come back to you and tell you what the point of contention is. So, it's not only to come back to you with a settlement, but we would then, if everybody agrees, waive the provisions of what we can talk about in terms of what that is. Commissioner Carollo: That's fine. That's fine. So, that is the motion, the first motion? Vice Chair Russell: It's clear. Motion and a second. Is there any further public comment? Commissioner Carollo: Yes. I want to be as clear as I can. This doesn't mean that we're moving forward or anything. This just means that we're protecting -- Vice Chair Russell: Preserving our rights. Commissioner Carollo: -- anv and all our rights, nothing more. Vice Chair Russell: Is there any further public comment on this motion and second? Hearing none, close public comment. Any further comment for the dais? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passed. City of Miami Page 185 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 NA.2 8634 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE 117TH UNITED STATES CONGRESS TO ADOPT THE AMERICAN RESCUE PLAN IN ORDER TO GET CRUCIAL RELIEF TO THE AMERICAN PEOPLE AS QUICKLY AS POSSIBLE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS AS STATED HEREIN. ENACTMENT NUMBER: R-21-0073 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For additional minutes referencing Item Number NA.2, please see "Order of the Day." Vice Chair Russell: P1.1. We're going to get into the pockets and do them as quickly as possible. Commissioner Carollo: How many items do we have left? Vice Chair Russell: So just four. Commissioner Carollo: Can we get through the least controversial ones that we can quickly go through and anything that might take more time leave it for the end? Vice Chair Russell: Sure. PI.1. Do we want $350 billion from the federal government. Commissioner Diaz de la Portilla: Yes. Commissioner Watson: Yes. Commissioner Carollo: Yes. Commissioner Diaz de la Portilla: I move it. Vice Chair Russell: Yes. There's a motion to accept P1.1, a resolution of the Miami City Commission urging the 170th United States Congress to adopt the American Rescue Plan, including $350 billion for Local and State governments. Commissioner Reyes: Move it. Vice Chair Russell: Moved by Commissioner Diaz de la Portilla. Commissioner Carollo: Second. Vice Chair Russell: Seconded by Commissioner Reyes. Any further discussion? I'll open public comment. Commissioner Reyes: Yeah. Well, I have a request. Mr. Mayor, tomorrow when you meet with the President, could you please ask him to expedite these funds? Mayor Suarez: What's that? Commissioner Reyes: You're meeting with the President tomorrow, right? City of Miami Page 186 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Mayor Suarez: Tomorrow, yes. Commissioner Reyes: Well, make this request -- take him personally and tell him to expedite it. Mayor Suarez: I will ask -- I'm going to tell him Commissioner Reyes from the City of Miami. Commissioner Reyes: Absolutely. Tell him and he can come and visit me here whenever he wants. Commissioner Carollo: Who's meeting with what president? Commissioner Diaz de la Portilla: The only president. Mayor Suarez: The President of the United States asked me and a small group of mayors and governors, myself and another Republican mayor, Mayor Williams from Arlington, Texas, and I think it's Mayor Cantrell from New Orleans, Mayor Lance Bottoms from Atlanta, and Mayor Duggins from Detroit, to go up to Washington, DC to discuss the COVID relief bill. So, I guarantee you that Pm going to be talking about; A, you know, vaccines and us getting the necessary vaccines to make sure that our population can be vaccinated as quickly as possible. B, what we've all been fighting for for a long time, which is, you know, having the ability to continue to help our residents -- right? -- in the ways that you all are talking about with the food cards -- which have been so successful, and you all have worked so hard on that -- with the food distribution lines, with the rental assistance programs, and with the mortgage assistance programs. I mean, everything that all of you have done and worked tirelessly over the last few months to continue to extend that aid because we need it. And frankly, number 3, we have -- we still have an uncertain budgetary situation. We were fortunate to have escaped last year without a major budget catastrophe that we were potentially, anticipating. And then I think number 4 is to make sure that any kind of distribution that is made is made on the basis of CDBG (Community Development Block Grant), not on the way it was done the first time where all the cities that were 500,000 in population or less basically got left out, and we ended up getting $15 million when we should have gotten $88 million. And I think that, you know, some of the discussions that you guys are having here today about, you know, distributing food cards and equitably and all that would have been alleviated completely had we gotten the $88 million. We would've had an additional $70 million to work with. But certainly, all the indications that I've had from the Administration and from the U.S. Conference of Mayors, is that that is the way the formula is going to apply; that it will be based on CDBG. And I think that's the right way to do it, and I'm hopeful that that's the way it ends up becoming because I think that way it takes away any other government's ability to hurt the City and hurt its residents. Commissioner Reyes: That will do away with any intermediaries, you see? It conies straight to us, right? Mayor Suarez: Yes, exactly. Exactly right. That's right Mr. -- that's right, Commissioner. Commissioner Reyes: Well, good luck with it. Mr. Suarez: Thank you, Commissioner. I appreciate it. Pray for me. Vice Chair Russell: Thank you. Section 3 of my resolution asks the City Clerk to transmit a copy of this resolution to President Joe Biden, but the Mayor will take care of that for you, Mr. Clerk. City of Miami Page 187 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 NA.3 8638 City Commission Mr. Suarez: Yes, sir.1 will do that personally. Vice Chair Russell: All right. There's a motion; there's a second. Any further discussion? I've closed public comment. All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Let's get that bread. Mayor Suarez: Thank you, sir. Vice Chair Russell: Thank you, Mr. Mayor. Commissioner Diaz de la Portilla: Good luck. DISCUSSION ITEM DISCUSSION BY COMMISSIONER WATSON REGARDING ENFORCEMENT OF DEVELOPMENT AGREEMENTS. rRESULT: DISCUSSED Note for the Record: For additional minutes referencing Item Number NA.3, please see "Order of the Day." Vice Chair Russell: PI.2, this is a D5 (District 5) item regarding development agreements. Mr. Watson. Commissioner Watson: I just had a question relative to how we are able to enforce development agreements vis-a-vis the initial party coming in, and then at some point, somebody else comes behind them and asks for something different. And so maybe it's nothing more than just a comment to make as we move forward. But I think it's part and parcel of either the zoning or something else. You have someone come in in the hotel and then, all of a sudden, the guys that come behind them now want to put us in a position where we're not being able to support what we initially said we would on the agreement. So I guess that language I was told -- now the language is in there regarding the one that came about thus far was Magic City. But as we move forward on others, I hope the same language is included so that we don't have that issue where people are now trying to get out of the commitments they made when they first came to us. Victoria Mendez (City Attorney): We can always enforce development agreements. So depending on the situation, you let us know and we make sure that they're in compliance with it. If they're not in compliance, then we can definitely negotiate to make sure that it happens, or we can -- depending on what it is, we can revoke certain permits. We can -- and we can make them come into compliance, so -- Commissioner Watson: And what -- Ms. Mendez: -- ifvou just let us know. Commissioner Watson: -- triggers our ability to unravel an agreement? Ms. Mendez: Development agreements are contractual in nature and they also run with the land, so we just look at the provisions. Obviously, if we're told, we're put on notice that oh, so-and-so didn't do X and then we go forward with that and ask them to comply. And if they don't then we can revoke certain permits -- City of Miami Page 188 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 NA.4 8632 City Commission Commissioner Watson: So if someone -- Ms. Mendez: -- we regard to the property. Commissioner Watson: -- is committed to X amount of money and we want now more, how do we go about that? Ms. Mendez: That we probably have to negotiate. Commissioner Watson: Okay. Ms. Mendez: We would have to negotiate for that. Commissioner Watson: All right. Thank you. Ms. Mendez: But they can be amended. It can be amended. Commissioner Watson: Okay. Thank you. Vice Chair Russell: Thank you. Any further comments on PL2? Hearing none, we'll move to PI.3. DIRECTIVE DIRECTION BY COMMISSIONER REYES TO THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS TO DETERMINE THE REASONS FOR THE DELAY WITH THE GOLDEN PINES PROJECT THAT WAS INITIATED BACK IN 2016; AND TO TAKE REMEDIAL ACTION INCLUDING, BUT NOT LIMITED TO, TERMINATING THE CITY'S AGREEMENT WITH TY LIN; FURTHER DIRECTING THE CITY MANAGER TO REPORT ON THE STATUS OF WHAT ACTIONS HAVE BEEN TAKEN TO HIS OFFICE WITHIN FIVE (5) BUSINESS DAYS. RESULT: DISCUSSED Commissioner Reyes: I don't know if I should bring this out or not, it's a directive to the City Attorney -- or City Manager, and I wanted to discuss this, but I don't know if it is the right time or wait for later, at -- it -- but it is about the time that it takes to complete any project in the City of Miami. Streets, for example, I have four streets that they have been -- I mean, fully funded. They have been -- everything has been taken care of it, but we are always have problem with our architectures -- the architectures that we have hired. For example, on Golden Pines Project, that was initiated back in 2016. And this company, T.Y. Lin, has been delaying and delaying and delaying and you know the ones that are suffering are the neighbors. Vice Chair Russell: Yup. Commissioner Reyes: And now, I've been asking -- for example, I've been asking about how long it's going to take in order to include a couple of blocks in -- on a project that I have, and they told me well if it goes -- listen to this. It takes longer to draw -- to have the drawing for two blocks than to -- than for 100 story building. It's - - they said they would take around ten months, ten months. And there is something that have to be done. And I am directing the City Manager to take any and all actions to determine the reason for the delay and to take remedial action, including but not limited to terminating our agreement with T. Y. Lin. I further direct the City Manager to report on the state, what actions have been taken to my office within five business City of Miami Page 189 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 days. And 1 will add that to please take this as an example of how fed up I am, and I know that my fellow Commissioners are, that we start a project and we promise a project to our residents and it will take four, five years to be completed. Because it's always -- Vice Chair Russell: Commissioner? Commissioner Reyes: -- going. Vice Chair Russell: So, I'd like to add that as P13 for your item and this -- the Administration knows what they'll need to be having -- Commissioner Reyes: Absolutely. Vice Chair Russell: -- our discussion, so thank you. [Later...] Vice Chair Russell: This is a District 4 item regarding project timelines. Commissioner Reyes, your pocket item on project timelines. Commissioner Reyes: (INAUDIBLE). Vice Chair Russell: Thank you. Commissioner Reyes: (INAUDIBLE). Particularly, that they are, 1 would say architectural companies that what they do is they keep the projects going and going and going and going, and they never finish the drawings. And I have a timeline here on a project -- in -- on Golden Pines, you know, that -- just to give you an idea, you see -- and we had a re-scoping per requirements; 90 percent design, 138 -- 7 days. And then we -- it took -- I mean, we send it back, right? And for the -- they said, okay, it was 90 percent designed, and it took 367 days for the other ten percent. See, I mean, this is unacceptable. It's unacceptable because the projects they take forever, they take forever. And I know that we -- in-house, we have problems and we -- maybe we need more people. But the problem with these companies is that they take as long as they can, as they want, and there is no consequences. And we start a project -- this project started in 2016 -- 2016, and we are not even close to breaking ground. And this got to stop because what we're doing is we promised our residents that we are going to -- whatever we going to build -- I mean, we going to fix the street, and it takes two years for two blocks to be fixed. That is unacceptable, sir. And you know, you have gone through the same thing. And what I'm trying to find is a way that we can -- I mean, hold them accountable, accountability. When are -- this -- my project is going to be -- when are you going to be ready? The plans are going to be finalized, and we can start, and we can deliver what we promised. Vice Chair Russell: Hold who accountable, Commissioner? Hold who accountable? Capital Improvements Director? Commissioner Reyes: I'm saying -- well, we should get accountable everybody, but I'rn referring now to architectural firms that are the ones that do the drawing and they are the one that holds us back. That's what I'm referring. And I really hope that now that we should -- somebody told me that the Coun -- the State, they have a grading or a process. But we should look into a methodology that we can hold them accountable, or we can get them out of the list and don't work with them. Find somebody else. Because we keep repeating and doing it, giving it to the same companies, same companies, and the same companies keep on doing the same thing, you see? I mean, I asked for -- I think it was drawings for a couple of blocks. And how long that's going to take? City of Miami Page 190 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Unidentified Speaker: Ten months. Commissioner Reyes: Ten months, ten months, two blocks. Vice Chair Russell: Is this the fault of the architectural firms or of our department that should be managing these projects and driving them forward? Commissioner Reyes: I believe that it is a combination of both. But the architectural firms, what they do is, they receive it and they take more time drawing, I mean, a couple of blocks than it would take anybody to draw a 20-stoiy building, you see. It's two blocks and it's going to take ten months. It is unacceptable. So what I wanted to put them in notice that either they start doing what they supposed to do if they want to work with the City of Miami, or we should get them out of the pool, you see. We'll get them out of the pool and get somebody that really wants to work with us. Because they send us the plans and we send it back, and they start sending it back to us, and now, after so many years -- okay? -- after four years, the plans for those four streets, they are not completed. They're not even completed, you see. Am I right, sir? Vice Chair Russell: Commissioner -- and before we discuss with staff, I just want to like commiserate with you. No, I don't even want to use bad language about how upset I am about the projects that I've waited for for years. From the day 1 came into office, one single street that I've asked to get fixed -- and I've asked for a standing monthly meeting on the status of that one single street -- and we haven't fixed a single pothole on that street, much less its drainage problem and its repaving problem. These shouldn't be that complicated. Commissioner Reyes: It shouldn't. Vice Chair Russell: I know we have amazing staff and amazing folks in the department. But a director -- Mr. Manager, a director is not just an engineer. A director is a CEO (Chief Executive Officer) that drives projects, disciplines, encourages, and incentivizes and, you know, cracks the whip when necessary on vendors to get things done. Really, they're problem solvers. That's what we need in directorships in all our departments. And I know we have a lot of vacancies and we have a lot of acting positions, but we need some hardcore leadership to get these projects finished. Because I'm in the middle of my second term and the promises I made to one neighborhood for one single street, I'm embarrassed that 1 can't tell them that I can't fix their street. Commissioner Reyes: Amen. Amen. That's what I've been saying all along. Vice Chair Russell: And I don't know if the problem, is the vendors. I don't know if the problem is -- these are complicated. I get it. They're multi jurisdictional. It's creative. There's all sorts of technology issues. But someone needs to solve the problem and then we'll allocate the budget, and it goes. I -- there's something missing here. When the will is here, the budget is here, but the projects aren't getting done. So, I'm with you, Commissioner Reyes, however you want to carry this discussion item forward. I just needed to say my piece. Commissioner Reyes: And I also want to add to, I mean, my complaint with the architectural firm. I'll also would like more communication between the departments, you see, all departments working together, planning and zoning, and everybody, working together and trying to expedite the projects because I feel your pain. I mean, they are -- there are streets that I don't want to show my face at. I don't want to show my face there. You see, as a matter of fact, I have -- some even as simple as a street bump. How long does it take? City of Miami Page 191 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Vice Chair Russell: It's ridiculous. Hector Badia (Assistant Director, Capital Improvements Program): I'm sorry. I didn't hear your question. Vice Chair Russell: How long does it take to put in a speed hwnp? Speed table. Commissioner Diaz de la Portilla: It's rhetorical I think. Vice Chair Russell: No, it's not. It's not. Mr. Badia: There was a -- Vice Chair Russell: It is a very finite direct question. How long does it take to put in a speed bump? Mr. Badia: It -- speed humps have to be approved by ballot. So however long the balloting is, once we have the ballots approved, it's typically two to three months to get the speed hump in; that doesn't include the permitting. Vice Chair Russell: I know -- Commissioner Reyes: Let me tell you this Vice Chair Russell: -- I've been trying for over a year on some. Commissioner Reyes: No, no, no. A year? A year, I got streets that are since I first came in, you see, since I first came in. I mean, it is -- and let me tell you something. I'm really -- and Public Works -- we have worked -- I've been working on -- and obviously I've been working with you guys, but something got to be done. Something got to get done. You see I am not the only one that has been embarrassed by the speed that -- of finishing those projects. You see all the promises that we made, they're in vain, you see. They're in vain. I've been here -- this is my third year, and I have streets -- and you know it -- streets that I wanted to fix, and they are fully funded. And we haven't been able even to start. You see, it is embarrassing, sir. It is embarrassing. So got -- something got to be done. Something got to be done. Mr. Badia: Mr. Chair. Vice Chair Russell: Thank you. Yes. Yes. Mr. Badia: Yes. Vice Chair Russell: Hector. Mr. Badia: There are two items that I want to bring up, that what we're doing to try to improve the process, the timelines on the projects, okay? One is we had difficulty in the past of managing the whole program. We didn't have the correct program management software, that visibility on the program itself With the new program management software implementing, we'll be able to establish performance metrics, not only on the program, but project specific. So we know -- if a project's delayed, we know it ahead of time, and we can address it, not after the fact. The second item is on the roadway projects. In January, I asked staff to go ahead and map out the whole process to approve a typical roadway project. Right now, that process stands about three years. Vice Chair Russell: I'm sorry. You -- I can't hear you. City of Miami Page 192 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Mr. Badia: That process right now for roadway projects is about three years, from project creation to finishing construction. And that is if you don't run into any major issues on the project. So having that process laid out, we're going to take that process, work with other sister departments to try to find those efficiency improvements so we can decrease that timeline. Vice Chair Russell: And I'm not trying to single you out, Hector, because it's -- I've had the same difficulty with the last three directors of the department. Bay Homes Drive. Yes, it has complications, but we're on -- well, if you count Commissioner Sarnoff, we're probably on year 8 of trying to solve this problem. Mr. Badia: Right. That is quite a difficult challenge. Yeah. Vice Chair Russell: It's -- but we've brought in outside help. We've built a think tank. We brought the neighborhood together. The will is there. Mr. Badia: Okay. Vice Chair Russell: I shouldn't have to come to City Commission to pass a resolution to bring a plan for a capital project. These are things we should be able to work out internally, and then we just pass it in the budget. But this street of about 50 homes is - - has been waiting more than patiently for a very long time for a solution. And it -- and I really need your help. 1 really need -- Mr. Badia: Definitely. Definitely. Vice Chair Russell: I really need the Manager's help, and we need to deliver a solution for them. We will find the funding, whether it's multi phase or whatever it is, we will find -- all the jurisdictional issues, we can solve these problems, but I need your help. Commissioner Reyes: So do I, and I really hope that we find a solution. And as I stated before, if we need more personnel, and we need people that really will help us with all the projects that we have, I mean, we have to get them. We have to hire them. If we need to increase the salary because they don't want to work with us, well, let's have some merit -- some type of incentives to bring them to work, but we cannot keep on taking -- I mean, spending three years on a single project that only -- is only the repaving of three blocks. Vice Chair Russell: Oh, I agree with you. Commissioner Reyes: They're redoing the three blocks. I mean, that's incredible. Commissioner Watson: Mr. Chair, I asked the last time, and I know Mr. Badia is -- I've worked on both sides with him. Not so sure it's us in some respect. I asked the last time about a blanket interlocal. We have a real problem because city streets are not city streets. City streets contain Florida streets. City streets contain county streets. And every time there's something that's not congruent, then they have to go to the County, and the County can jerk you around for a long time. So, between the study -- and I understand he said three, four months. I have a neighborhood that's been working on something for five years. So, between the three -- between the study to do it, between the County, you know, interlocal agreement, I have a situation in a neighborhood where the State came in to correct the problem. I don't know what they tried to correct. They put barriers. So now, instead of people just going across where it's already dangerous, they extend it, so now they dodge. And then we're all standing there watching them; they dodge. So, I don't know what the State was doing. What the State should've done was go to 36th Street and put drainage in because it's been flooding in .front of our fire department, fire station since I was in middle school. It's City of Miami Page 193 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 been flooding. Commissioner Diaz de la Portilla: What avenue? Commissioner Watson: So... Commissioner Diaz de la Portilla: But what avenue is it? Commissioner Watson: -- 36th Street and 7th Avenue, whatever number that fire station is, it has been flooding -- Commissioner Diaz de la Portilla: On our border? Commissioner Watson: It has been -- right. It has been flooding there since 1 was in middle school, and that's been a -- that's been quite a few days ago, so -- Commissioner Diaz de la Portilla: We can work on that together. Commissioner Watson: I mean, you know. So their hands get tied, and we're left to then figure out how -- Vice Chair Russell: Right. But where -- Commissioner Watson: -- to do it. Vice Chair Russell: -- where they run into a multi jurisdictional roadblock, that's where we can help through our relationships with the County, with the State. Commissioner Diaz de la Portilla: Of course. Vice Chair Russell: But we need to be called upon to help, you know, grease those wheels. Commissioner Diaz de la Portilla: I know. Vice Chair Russell: But I feel like the puzzle -- they hit a roadblock and then, you know, path of resis -- they got so many projects to work on. It's very easy to go to work on the projects that are a little simpler, but sometimes these complicated ones, it just takes a -- I -- you know. Commissioner Reyes: Mr. Chair -- Vice Chair Russell: I don't mean to go on and on. I apologize. Commissioner Reyes: Mr. Chair, I expanded this, but I came specific to complain about a project on Golden Pines. And I'm going to read this again. Because of the delays caused by T. Y. Lin on the Golden Pines project initiated back in 2016, I hereby direct the Manager to take any and all actions to determine the reasons for the delay and to take remedial action, including, but not limited to, terminating our agreement with T.Y. Lin. I further direct the City Manager to report on the start of what actions have been taken to my office within five business days. I mean, I want to take action. I want to send a message that we mean business, and if you don't want to work with the City of Miami, fine. And if this job is too small for your firm, that is not unimportant because you have bigger projects, let us know. Don't take it so we can find somebody, that can manage this. Vice Chair Russell: Do you have an action, Commissioner Reyes? City of Miami Page 194 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Reyes: Yeah, but -- Vice Chair Russell: Do you have a resolution or an action? Commissioner Reyes: What this was -- this was a directive. Vice Chair Russell: A directive. Okay. Commissioner Reyes: Directive to the City Manager. Mr. Badia: Mr. Chair? Vice Chair Russell: Yes. Mr. Badia: We've scheduled a meeting Tuesday with T.Y. Lin. Commissioner Reyes: I beg your pardon, sir? Mr. Badia: We've scheduled a meeting through our procurement department on Tuesday with T. Y. Lin to discuss those matters exactly. It's a performance review on T.Y. Lin. Ms. Mendez: We have that meeting. We set up the meeting that you wanted to discuss the -- Commissioner Reyes: Okay. Ms. Mendez: -- performance reviews of all the -- Commissioner Reyes: Okay. Ms. Mendez: Right. Commissioner Reyes: Okay. Okay. Vice Chair Russell: Thank you. The management's received -- Commissioner Reyes: Thank you very much. Vice Chair Russell: -- the direction. That's the end of PL3. City of Miami Page 195 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 NA.5 8631 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING MIAMI-DADE COUNTY EFFORTS TO COLLABORATE WITH THE UNITED STATES ARMY CORPS OF ENGINEERS RELATED TO THE MIAMI-DADE BACK BAY COASTAL STORM RISK MANAGEMENT DRAFT INTEGRATED FEASIBILITY REPORT AND PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT AND RECOGNIZING THE POSITIVE MOVEMENT THAT HAS OCCURRED SINCE RELEASE OF THE TENTATIVELY SELECTED PLAN TO ADDRESS CONCERNS RELATED TO GREATER USE OF NATURE -BASED FEATURES, IMPACTS TO WATER VIEWS, ENVIRONMENTAL IMPACTS, DESIGN FOSTERING ACCESS TO BISCAYNE BAY, AND COORDINATION WITH LANDOWNERS; AND TO REQUEST THE FINAL REPORT CONTAIN RECOMMENDATIONS THAT PROVIDE ADDITIONAL FLEXIBILITY THAT ALLOWS THE CITY OF MIAMI AND MIAMI-DADE COUNTY TO HAVE SIGNIFICANT INPUT TO DECISIONS MADE DURING THE PLANNING, ENGINEERING, AND DESIGN PHASE. ENACTMENT NUMBER: R-21-0068 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Vice Chair Russell: So, I would like to proffer a resolution, please. This is a resolution of Miami City Commission supporting Miami -Dade County's efforts to collaborate with the United States Army Corps of Engineers related to Miami -Dade Back Bay coastal storm risk management draft, integrated feasibility report and programmatic environmental impact statement, and recognizing the positive movement that has occurred since released of the tentatively selected plan to address concerns related to greater use of nature -based features, impacts of water views, environmental impacts, design fostering access to Biscayne Bay, and coordination with land owners and to request the final report contain recommendations that provide additional flexibility and allows the City of Miami, Miami -Dade County to have significant input to decisions made during the planning, engineering, and design phase. The whereas clause go a little deeper into how we've gotten to where we are and where we hope to go. But Commissioners, this is my hope that -- that we are giving support to the county to ,finalize that wording to create the flexibility that we need as a city. Commissioner Reyes: I want -- one second here. Vice Chair Russell: I can't make the motion, so I'll consider that a motion from you. I will second it on -- in support. Commissioner Reyes: Okay. The only thing that we're say, the county go right ahead, but in try, were given the authority to go right ahead and tried to incorporate everything that -- Vice Chair Russell: Your microphone, please. Todd B. Hannon (City Clerk): You need to be closer. City of Miami Page 196 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Reyes: Okay. I'm sorry. Vice Chair Russell: Say it again, Commissioner? Commissioner Reyes: I said that the only thing that we're doing, is that we are telling -- and we are given the authority to county through Miami -Dade County since they are sponsors that, to go right ahead and we have our support. But everything that on all the objections that we have presented should be taken into consideration. Vice Chair Russell: Absolutely. Absolutely. And 1 know they are. 1 know they -- you and I both know that they are. Commissioner Reyes: Okay. Vice Chair Russell: So, we have a motion. We have a second. I'd like to open At - public comment. If anyone would like to say anything, now's the time. Please approach a lectern. Seeing none, I'll close public comment. Is there any further discussion from the dais? Commissioner Reyes: No. Vice Chair Russell: Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes? Thank you very much, Colonel. Thank you for your time and working together with us in a collaborative way. And thank you, Mr. Blankenship, to you at your firm up and Nichol as well as Swire. We look forward to forward progress with the county. And good luck to you. Patrick Kinsman: Thank you very much, Commissioners. I appreciate it. Honored. Vice Chair Russell: All right. So that was our time certain 3:00. It's now 4:40. I'm going to move into what we are -- I'm going to move into the CA (consent) agenda, please. Good morning, Commissioner -- Good afternoon, Commissioner. Commissioner Carollo: Sony. I was trying to cash in and buy some Bitcoin before they (UNINTELLIGIBLE) and before -- Vice Chair Russell: We have received a copy of a pocket item from the Mayor, which I'm going to call PI. Would it be 3? I'm going check my agenda for the day. Mr. Hannon: Yes, sir. Vice Chair Russell: Thank you. P13 will be the mayor's pocket item regarding bitcoin. No. I'm sorry. That'll be -- we have -- Commissioner Carollo: No. Vice Chair Russell: Yes. So, PII is the Rescue Plan. Commissioner Carollo: Right. Vice Chair Russell: P1.2 is the development agreement from D5. PI3 is the project timelines issue from D4. So, this will be PL4. PI.4 would be bitcoin resolution sponsored by Mayor Suarez. So, we'll submit that, and each Commissioner has received a draft of that, which is now in the record. City of Miami Page 197 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 NA.6 8633 City Commission Victoria Mendez (City Attorney): Chairman, I think there's a modified version that you have that's just slightly -- Vice Chair Russell: Just handed out two minutes ago. Ms. Mendez: Right. Like right now? Vice Chair Russell: Yeah. So, is this the modified version? Commissioner Carollo: Yeah. Ms. Mendez: I can -- Commissioner Watson: That's the modified. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY, INCLUDING DIRECTING THE PLANNING DIRECTOR TO PERFORM A PLANNING EXERCISE, TO CONDUCT A STUDY REGARDING THE T6-24-B-O ZONING TRANSECT AND ZONING ATLAS AMENDMENT FOR THE OMNI AREA, ENCOMPASSING ALL OF THE INCENTIVES AND REQUIREMENTS DISCUSSED BY THE CITY COMMISSION DURING THE FEBRUARY 11, 2021 CITY COMMISSION MEETING, WITH ASSISTANCE OF A CONSULTANT AS NEEDED AND AS FEASIBLE; DIRECTING THE CITY MANAGER TO PROVIDE A STATUS REPORT TO THE COMMISSIONERS WITHIN THREE (3) MONTHS AND TO REPORT BACK TO THE CITY COMMISSION WITHIN SIX (6) MONTHS. ENACTMENT NUMBER: R-21-0072 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Vice Chair Russell: So, I would love to see this, you know, move quickly because I believe that developers will move quickly once we open this up and once we unlock it. And if we get it right and the carrots don't -- you know, still outweigh the sticks, we'll get what we want and they will too, but we need to do our part. So, yes, so that's direction to come back in six months. Why don't we -- why don't we pass a resolution asking for this so it's engraved in stone. Commissioner Diaz de la Portilla: So moved. Vice Chair Russell: So, it's moved by Commissioner Diaz de la Portilla. Commissioner Reyes: Second. Vice Chair Russell: And seconded by Commissioner Reyes, asking for a six-month planning exercise with regard to the Omni area, encompassing all of the incentives and requirements that we've discussed here tonight. And I think they can start bringing to each of us independently some of the concepts and we can give them the ideas that we are thinking. And if it's -- if there seems to be consensus, I'd like to get a status report about halfway through to see where you are. City of Miami Page 198 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 NA.7 8640 City Commission Commissioner Diaz de la Portilla: Three months. Vice Chair Russell: In three months, please. So that we have a finished product in six months that we can pass as an ordinance, both for the text amendment and the map and unleash the beast. Make some affordable housing. Cesar Garcia -Pons (Director, Planning): One thing, sir, is can we -- we would need access to the consultant to do that. We can't do it in six months without having help. So, whether it's through the CRA (Community Redevelopment Agency) or through our consultant, 1 think the clock needs to start ticking then. Vice Chair Russell: Got it. Yes. And this body is urging the CRA to do that and we will have it as the CRA when we meet again. Mr. Garcia -Pons: Thank you. Vice Chair Russell: So, all right. There has been a motion, there's a second. I'm going to open for public comment if anyone's here. Nobody's here; closing public comment. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING AND DIRECTING THE CITY MANAGER TO COMMENCE NEGOTIATIONS FOR A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND HOLLAND & KNIGHT LLP, A FLORIDA LIMITED LIABILITY PARTNERSHIP ("H&K"), AND ENGAGING MR. MIGUEL DE GRANDY, FOR THE PROVISION OF REDISTRICTING SERVICES, IN ANTICIPATION OF THE BID WAIVER THAT SHALL BE BROUGHT BEFORE THE COMMISSION FOR APPROVAL AS AN ITEM ON THE COMMISSION'S FEBRUARY 25TH, 2021 COMMISSION MEETING AGENDA. ENACTMENT NUMBER: R-21-0074 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Carollo, Reyes, Watson NAYS: Diaz de la Portilla Vice Chair Russell: Floor is wide open here. Commissioner Carollo, you got a motion? Commissioner Carollo: I have a motion. Vice Chair Russell: What is it? Commissioner Carollo: A motion to approve moving forward with his contract and to instruct the Manager and the City Attorney to exercise a contract on the Commission's and the City's behalf. City of Miami Page 199 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Vice Chair Russell: There's a motion by Commission Carollo, second by the Chair. Any further discussion? Like to open it for public comment. Mr. De Grandy? Nobody? All right. Closing public comment. No further discussion. All in favor; say "aye." The Commission (Collectively): Aye. Barnaby Min (Deputy City Attorney): Mr. Chairman? Vice Chair Russell: Yes. Mr. Min: Sony. The Manager's asking me to clarify. Just so the Commissioner knows, there's an item that is coming on February 25th to approve their actual professional services agreement because Mr. De Grandy does not want an expert consultant agreement. And it does -- it is subject to procurement, so the item is coming to the Commission with the Managers recommendation that procurement be waived and we enter into the professional services agreement with Holland & Knight. Vice Chair Russell: Did you hear him? Commissioner Carollo: I cannot hear what he was saying going so quickly -- Victoria Mendez (City Attorney): It has to be a four -fifths. It has to come back before you for a four -fifths because he wants it to be with the firm Holland & Knight, not him. If it would have just been him, then the Manager could have done it under his authority up to a hun -- Commissioner Carollo: Well -- Vice Chair Russell: All right, so then -- Commissioner Carollo: -- I thought we had four votes here. Did we have four votes here or was I counting differently? Ms. Mendez: Right, right. We can't approve that because we have to advertise that one. He's going to -- he can start already with a small threshold, but it has to come before you for the full item. Commissioner Carollo: Okay. You'll be bringing it back at what date? Ms. Mende: 25th. But that doesn't stop him from starting now if you at least direct us Commissioner Carollo: Well -- Vice Chair Russell .• Would you like to amend your motion? Commissioner Carollo: I want to amend my motion directing the Manager to begin the negotiating with him now, and we will vote on it at the next meeting on the 25th. Vice Chair Russell: Seconded by the Chair. Is that good, Mr. Manager? Art Noriega (City Manager): Yeah. That was the intent. Vice Chair Russell: All right. Commissioner Carollo: Thank you. City of Miami Page 200 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 NA.8 8641 City Commission Vice Chair Russell: Any further discussion? Commissioner Reyes: No. Vice Chair Russell: All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Commissioner Diaz de la Portilla: No. Vice Chair Russell: Motion passes, 4-1. Thank you very much. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND DIRECTING THE CITY MANAGER UNDERTAKE ANALYSES AND FEASIBILITY STUDIES AS SET FORTH BELOW, AND AFTER PROVIDING SUCH ANALYSES AND FEASIBILITY STUDIES TO THE CITY COMMISSION, THE MAYOR, AND THE CITY ATTORNEY TO URGE LEGALIZATION ON BOTH THE FEDERAL AND STATE LEVELS TO ESTABLISH (A) A METHOD BY WHICH CITY OF MIAMI ("CITY") EMPLOYEES CAN CHOOSE TO RECEIVE ALL OR A PORTION OF THEIR COMPENSATION IN BITCOIN WITH NO LIABILITY THEREFOR TO THE CITY; (B) AN EXCHANGE PROCESS THAT ALLOWS RESIDENTS AND BUSINESSES TO PAY FOR MUNICIPAL FEES AND SERVICES IN BITCOIN; AND (C) A METHOD OF MAKING A LIMITED INVESTMENT OF GOVERNMENTAL FUNDS IN BITCOIN; FURTHER AFTER SUCH REQUIRED ANALYSES AND FEASIBILITY STUDIES HAVE BEEN PROVIDED TO THE CITY COMMISSION, THE MAYOR, AND THE CITY ATTORNEY, AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO ANALYZE THE LEGAL STEPS NECESSARY FOR SUCH FEDERAL AND STATE OF FLORIDA AMENDMENTS TO ALLOW BITCOIN TO BECOME LEGAL CURRENCY FOR THE ABOVE STATED PURPOSES; THE CITY MANAGER IS FURTHER AUTHORIZED AND DIRECTED TO CREATE A COMMUNITY EDUCATION PROGRAM ABOUT BITCOIN IN EACH OF THE ENGLISH, SPANISH, AND CREOLE LANGUAGES. ENACTMENT NUMBER: R-21-0075 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de Ia Fortilla, Reyes, Watson NAYS: Carollo Vice Chair Russell: All right, so that concludes our discussion items. We'll finish back up on the pocket item. The last one remaining is the mayor's item on Bitcoin. Mr. Mayor, you're recognized. Mayor Suarez: Thank you, Mr. Chair. I really appreciate it, and I want to thank all of the Commissioners and the City Attorney for working with me on this piece of legislation. I've had an opportunity to speak to all of you. You've all expressed suggestions, concerns, or comments, and I'm thankful for them. It's made the City of Miami Page 201 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 resolution better. Specifically, with reference to discussions with the City Attorney, we clarified that it -- this would be a third party and not the City that would be facilitating these transactions. With regard to Commissioner Reyes, we talked about -- that the City would not be incurring any liability, and that will be a very important component of the legislation in Section 1. With discussions with Commissioner Carollo, he added -- he asked that that also be added to Section 2, and I completely agree with that. So I would ask that the resolution reflect that. And I know that Commissioner Watson has some potential additions or an addition to the resolution that he would like to proffer. So I think this is in line with our attempts to be one of the most cutting edge cities in America. You know, the fact that we have been so open on this issue has generated a lot of good and positive press for the City. You know, I have even gotten calls and I was in Jacksonville last Friday, and the Mayor of Jacksonville, Lenny Curry, was specifically talking to me about this legislation. And he is in fact waiting on this hopefully to pass so that his city can do something similar. I've also had conversations with Broward County Commissioner Udine, who is I believe the Vice Chair. And he's going to be bringing it to the Broward County Commission as well. And Mayor Manny Cid from the City of Miami Lakes, as well as other cities throughout the country that I'm sure are looking at this. You know, obviously there's been a lot of high profile, you know, investors from, you know, National -- one of the oldest banks I think in the world -- to large companies. So I would just -- I would like to thank the Commission for the constructive debate that I was able to have with each of you on this issue. And 1 would ask if you would please pass this iteni with, you know, the modifications that I think Commissioner Watson wants to proffer. Commissioner Reyes: Mr. Chair. Vice Chair Russell: Yes. You're recognized, Commissioner Reyes. Commissioner Reyes: Yes. I -- what I would like, Mr. Mayor, to direct the manager to analyze it. I mean, make an analysis because I have a lot of questions about Bitcoin. Bitcoin is not a medium of exchange. By medium of exchange, I mean that you go and you purchase, you buy with it. It's not accepted. You cannot go to Publix and buy meat with it. It has been used as a store of value. People are buying Bitcoin because the price is increasing, the same thing that you do with the stock, you see, or you do it with gold. You think that it's going to appraise and you buy. So receiving part of the payment in Bitcoins, you see, I don't know how that is going to be converted into legal tender, money, you see? That is a question that I have when you said about that, and I don't -- I'm not saying that it's impossible. I'm saying that we should analyze that very well, okay? And then also that residents and businesses, by the same token that will pay with Bitcoin to us, well, how are we going to convert that into a legal tender? Or -- because we don't pay our employees or our people that we hire or we contract in Bitcoins that we don't know if they -- so, this has to -- this requires a real deep analysis. Because as of today, Bitcoins is not a legal tender, it is not a medium of exchange, you see? It's -- doesn't have -- in other words, doesn't have the characteristics of money. And one of the major characteristics of money is that it is a medium of exchange, you see? That -- and to -- I mean, that means that I'll give you money and you'll give me a product. You see, we're exchanging. And it is accepted everyplace, you see? That is a couple of problems that I see with this. And I strongly suggest that we direct the Manager to analyze the possibility of appro-- and also the inconveniences that this could have forward, okay? Mayor Suarez: Thank you, Commissioner. And I also wanted to say that Commissioner Carollo also talked specifically, on Section 3 about the Manager actually doing an analysis, particularly before holding -- Commissioner Reyes: Yes. Mayor Suarez: -- it as an investment asset and that's something -- City of Miami Page 202 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Reyes: That's very dangerous. Mayor Suarez: Sure. I can tell you -- hopefully, it will make you feel better that there's already precedent in terms of, for example, in the NFL (National Football League), there's a player that requested in their contract that they be paid a portion of their salary in Bitcoin, so that -- that's already happening. There are companies that are -- Commissioner Reyes: Yes. I do understand that. That player he doesn't need money, I mean, like our employees do that they need it as a medium of exchange to buy as if -- you see many people they are investing in -- on Bitcoin because it's just like you're parking your money, you see? You'll park your money right there, because the way that it's popularity and since it has a limited amount and now people are demanding it, that's why the price has increased so much. Mayor Suarez: Sure. Commissioner Reyes: You see? Mayor Suarez: Right. And I will just say again that there's multiple exchanges and there's a lot of liquidity in terms of being able to get in and out of the position. And there's a tremendous amount of trading volume, just generally. speaking. So I think that's why the player particularly wanted it in that particular case. It's a third party that actually took the cash and converts it into Bitcoin and gives the employee, or in the case of the football player, the Bitcoin. Commissioner Reyes: I'll be comfortable if we had the -- analyze the possibility of it. Vice Chair Russell: In which section, for which part? So there's several parts, Commissioner. Commissioner Reyes: All three sections. Vice Chair Russell: Okay. Commissioner Reyes: Because what we have to do -- I mean, I don't want the City Manager to go out and start buying Bitcoins now. Mayor Suarez: No. Commissioner Reyes: Or try to pay in Bitcoins, you see? I want him to analvze and do an in-depth analysis of the pros and cons. Mayor Suarez: No. And I just -- Commissioner Reyes: Okay. And the inconveniences that it could create, okay? I'm not saying that it is -- I'm not criticizing it. The only thing that I'm saying is that we have to be cautious, okay? Mayor Suarez: I agree. I agree. Vice Chair Russell: Mr. Mayor, I -- I'm certainly not an expert in Bitcoin, but I've been catching up as quickly as I can. I'd like to support you in this effort, and I would welcome a motion on this item. Commissioner Diaz de la Portilla: I'll move it. 171 move it. Vice Chair Russell: Moved by Commissioner Diaz de la Portilla, seconded by the City of Miami Page 203 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Chair. That being said, I think our role in order to support you with this effort which will help establish Miami as we welcome tech and we want to encourage those who want to look at the next version of investing and of currency, we need to make sure our residents are well educated and protected. The hope someday is that this is a very viable, stable currency. It is a parallel currency at the moment, but it's also more of an investment, as Commissioner Reyes says. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: It's both. Vice Chair Russell: It is. It is. And that's why -- Commissioner Diaz de la Portilla: It's used by AT&T PayPal uses it. In fact, the first transaction on Bitcoin was in 2008 for a Pizza Hut purchase of $25. Commissioner Reyes: Yes -- Commissioner Diaz de la Portilla: Little tidbit there, that I found out yesterday while I was reading. PayPal accepts it as -- purchase and -- Vice Chair Russell: Do you think -- let me finish it. It breaks the paradigm of of what money is. Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: That's right. Vice Chair Russell: And the concept of a central bank. And so, by a government almost getting involved with this, it's almost the antithesis of what Bitcoin is meant to stay away from government. But what we're doing is not trying to control and regulate it, but rather see if there's a way we can assist in education of our residents and our employees and assist them in accessing it in a healthy and responsible way. Commissioner Reyes: Absolutely. Vice Chair Russell: As a long-term investment, it seems to have a steady growth pattern if you look at it almost as a stock. But it has incredible short-term volatility with over 12 horrific crashes that it's had in its lifetime. And any single investor who takes more than their disposable income and invests it in here and needs that money back on a downswing, could lose everything. Commissioner Reyes: That's my problem. Vice Chair Russell: Could lose everything. Commissioner Reyes: That's my problem. That's what I'm saying. Commissioner Diaz de la Portilla: And I think your point -- Commissioner Reyes: That's what 1'm saying. Commissioner Diaz de la Portilla: -- is vet); -- the education part of it is a point very well taken. But I like the choice -- the fact that people have a choice, but they need to be educated to make the correct choice. And so, the education's a big component of it, Mr. Mayor. I think it's an important part of it. Mayor Suarez: Agree. City of Miami Page 204 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Diaz de la Portilla: But 1 commend you for, you know, giving employees and residents the opportunity to transact in this cryptocurrency. And for you having the vision to embrace the fitture and moving our city forward, not only with this issue, but with other things you do with Big Tech and everything else. So I'm going to support you with this. I think you're doing a great work -- job with this issue. But if we -- I am cautious -- as you are Commissioner Reyes -- especially when it comes to the City investing in a very volatile currency which is cryptocurrency or Bitcoin. Commissioner Reyes: It also -- excuse me Jrosaying this, but the convertibility of the Bitcoin -- from Bitcoin to U.S. dollars and it's not that easy, you see? I mean, you have to find a buyer and all of that that's willing to -- whatever. But you cannot go and convert Bitcoins immediately and you're going to buy in a Publix and you have Bitcoins. That is -- it is a little bit -- you know, nowadays -- I mean, I don't disagree with the idea of trying to -- or analyzing it and seeing the possibility that our employees, if they want to invest, they can invest the same thing that they can invest in the stock market. And -- but we have to be cautious. Mayor Suarez: I agree. Commissioner Reyes: We have to be cautious -- Mayor Suarez: Fair enough. Commissioner Reyes: -- and we have to analyze every single aspect of it. Vice Chair Russell: Commissioner Reyes, are you proffering any amendment with regard to the analysis versus action? Commissioner Reyes: No. I would say that before we take any action that the City Manager bring us a thorough and a full analysis. Vice Chair Russell: The motion on the floor currently -- I just want to capture this correctly. The motion on the floor currently hereby authorizes and directs the City Manager to establish a method by which the City can contract a third party to allow employees to choose to receive their income -- Commissioner Reyes: And will have analyzed. Vice Chair Russell: So, prior to directing the Manger to actually implement -- Commissioner Reyes: Analvze -- the City Manager analyze and report a measure, I mean -- Vice Chair Russell: So -- because the way it's currently worded, we are establishing a method -- we are directing the Manager to establish a method. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: Well, it's two different things. My motion was to pass the pocket item not to do a study. Vice Chair Russell: Right. Correct. But -- so I'm just making sure we've got a comfort level from Commissioner Reyes. Commissioner Reyes: What I would like -- and I'm being very honest with you guys. I think that we should analyze the pros and cons. And I -- and then establish -- if we see City of Miami Page 205 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 that it is feasible and it is not cumbersome, then go right ahead. But just jumping into establishing -- Vice Chair Russell: All right. I want to put it on the record verbally though, because this is -- the way the reso is worded currently, we are authorizing and directing the Manager to establish a method to pay our employees. We are authorizing and directing the Manager to establish a procedure that enables the City residents and businesses to pay for municipal services and fees. Commissioner Reyes: That's another thing. Vice Chair Russell: And the third one is the City Commission is authorizing and directing the Manager to analyze the feasibility and benefits of the City of Miami investing -- just a moment -- investing a limited amount of government funds. So, the third one is an analysis. The other two are directions to -- Commissioner Reyes: No. I cannot vote for something that has not been previously analyzed and I'm being -- if it is feasible, and if it creates inconveniences for our employees or for the residents. I cannot vote in favor. I will love to have an analysis of it and come back with it. Vice Chair Russell: Commissioner Carollo, you're recognized. Commissioner Reyes: And then I would -- Commissioner Watson: 1 want to be -- after -- Commissioner Carollo: You want to speak or would von like for me to first? Vice Chair Russell: Commissioner Carollo and then Commissioner Watson. Commissioner Carollo: I want to try and support. You know, it's hard to see each other -- Mayor Suarez: I know. Commissioner Carollo: -- with all this plastic here. I try to support and work with the Mayor in everything possible. And I think he'll tell you, that in the Big Tech ideas he's had, I've been very complemental of him. I'm still waiting for him. I mean he's got a little time to try to see something, but I think following what he told me that he needed that we might be able to put together to accomplish some major steps in attracting Big Tech to Miami. And I think the Mayor's done a fabulous job with that. And his intentions are corning right from the heart. Commissioner Reyes: Yeah. Commissioner Carollo: Having said that, I can't drink the Kool-Aid in this one. And here are some of the problems that before I get into changing some of the words in the resolution, the problems that I see here. I didn't come prepared really to deal with this today because I thought -- and it's probably my mistake because I've had so much to deal with in the past week -and -a -half -- I thought this was going to come back in the next meeting, so I didn't come prepared with everything. But I just got in a few things. Let me read to you on what our incoming Treasury Secretary, Janet Yellen, this is the incoming for the Biden Administration, not the old Trump Administration, okay? Commissioner Reyes: Ex president of the Federal Reserve. Commissioner Carollo: She made the statement to the Senate Finance Committee in City of Miami Page 206 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 their hearing on January 19. And she's talking about cryptocurrency, Bitcoins. It can he used to finance terrorism, facilitate money laundering, and support malign activities that threaten U.S. national security interests and the integrity of the U.S. and international financial systems. Bitcoin, like the Venezuelan Petro and a thousand plus of these types of currencies that are not backed for the most part by any banking institutions -- Bitcoin certainly is not -- or by any government or legitimate government -- and Bitcoin is not -- are very, very, very volatile. And Bitcoin in particularly [sic], the -- there's a small amount of investors that have the lion's share of the Bitcoins. By our actions here today in approving anything, not to mention if others follow our lead, those that have invested in Bitcoins are going to be making a bundle. A bundle. Look, I don't want to be taken for a sucker. And, you know, this is the part that bothers me the most about this whole thing with Bitcoins right now. And this is how 1 feel that, you know, I'm going to be used by approving anything here today. This past Monday, Mr. Musk invested 1.5 billion, that's the Tesla main stockholder invested 1.5 billion in Bitcoins. He's probably within a couple of days, if that, that we pass anything close to this resolution, is going to be worth another 150 million because it's going to go up at least by another 10 percent. Now, the problem is that Bitcoins have been like a roller coaster. And you don't know when that roller coaster is going to go down. No one even knows who the heck invented this whole Bitcoin stuff Well, they claimed that it's a Japanese guy, but who knows who it is. Nobody knows. I will tell you this, that I remember not that long back, maybe five, six years ago when we were being hit -- 1 mean, we were being invaded. War was declared on South Florida and in many other parts of Florida from Mainland China and it wasn't COVID then. It was sending all these la flakka and everything else that they could send that within sometimes the first shot that you took of it, the first pill you were down for the count and you were hallucinating. And this --1 mean, going to the Internet, this is creating scores of people that were dying in South Florida. And why am I bringing this up? Because just about every darn transaction that was done in the dark web on the Internet, the Chinese in that end would only accept cryptocurrency, basically Bitcoin. That's what they were taking for it. Another problem that I explained to the Mayor is the fact that this is undermining our U.S. dollar. I mean the U.S. dollar is what we all are invested in. And the little people in this town don't deal in Bitcoins. And that's 95 percent or more of Miami. They deal in the U.S. dollar. And if this Bitcoins starts taking off even more, it could affect the integrity of the U.S. dollar. And if the U.S. dollar goes down, that means that our investments in our homes are worth even less. The price of food, clothing, et cetera, goes up more. So that concerns me greatly. Also, because the one thing that I'll defend above anything else is the dollar. If we want to invest in anything that's more solid outside of the dollar, gold or silver. I remember when the Mayor got COVID and then a few days later, everything got shut down. We had to go into isolation, so I had a little bit of time to look at the stock market and keep track for at least those ten days or so that we were locked down. The stock market. And I wish that my worth wasn't invested in real estate at that time because silver had gone down to around $12 an ounce. And I would have invested every penny that I could have grabbed at that time into silver because I knew it was going to shoot up and in fact it did. And today it's about 110, 115 percent more than it was back in mid -March of last year. That's a solid, solid investment, so is gold. But a currency that no one knows who invented in the internet, and I mean, I, you know, I know that I'm from a different generation, but I don't think this is even about generations. I don't like being taken for people just because I'm going to be accepted to be taken for a ride. And I feel that we're being used on this. Just like I don't believe for one minute that to build a bridge because I've had a lot of time that I spent studying that, that to build, excuse me, not a bridge, an underground tunnel in Brickell is going to be $30 million. And I'll tell you it wouldn't even be anywhere close to $300 million. And these are the kind of stuff that I'm concerned with, but here -- in the resolution, let's go in the second whereas. It says, Bitcoin has emerged as an increasingly popular and stable reserve asset for individuals and corporation. I can go along with the increasingly popular. Yeah, it's popular in some sectors. Vast majority of Miamians don't own a Bitcoin and I would venture to say that majority City of Miami Page 207 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 probably don't even know what a Bitcoin is. Instead of stable, it's volatile, and it's proven to be that. Now after Mr. Musk bought Monday 1.5 billion, it shot up to the highest it has been ever. It went up some 10 percent or more. The other part here in let's see 1, 2, 3, 4 -- in the fifth whereas, the City of Miami is committed to establishing itself as a 21st-century city that embraces new technology -- and I agree with that -- and provide value to our residents and businesses and is committed to promoting the emergence of Bitcoin as it continues to gain mainstream acceptance. We shouldn't be in the business of promoting make-believe currency that is going to challenge our dollar and hurt -- if that dollar goes down because of it -- every single one of our retirees and residents of Miami. That part, I'm sorry, I can't commit to something like that, nor do I believe the government's role is to do that. If we want to promote anything, promote the U.S. dollar. Then going further down in Section 1, it's not as bad. The City Commission hereby authorizes and directs the City Manager to establish a method by which the City can contract the third party to allow City employees to choose to receive all or a portion of their compensation in Bitcoin without incurring any liability to the City. Well, that liability is going to be paid by the employee that would want that. And again, we're in the middle because we're going to be recommending a firm for employees to use, and I don't know if we should be doing that. If they want that, they should pick whatever firm is out there on their own, instead of us getting involved in that process. But at least there's no liability to the City in this. I think our employees should be aware of the possibilities that they're going to be facing in this. And believe you me, sooner or later, it's going to be a shooting stars and it's not going to be going up. Number 2, the City Commission hereby authorizes and directs the City Manager to establish a procedure that enables City residents and businesses to pay for municipal services and fees in Bitcoin and to work with Miami -Dade County to establish a process by which the City residents and businesses can pay all or a portion of their property taxes in Bitcoin by working with a third party. Here, however, it doesn't say without incurring any liability to the City. That's a problem. I don't know if the Mayor wants to include that in there or not. Mayor Suarez: Yeah, I'm fine with including that. Commissioner Carollo: Okay. Mayor Suarez: Yeah. Commissioner Carollo: But it goes to the point again that should government be involved in placing the company for that. But look if people out there, you know, if you have someone that's in Venezuela, and they own property in 8th Street like some not so nice chaps that I know of, and that's the only, way that they could circumvent the U.S. government. I guess they can find their own company that will take Bitcoins and pay the City. Maybe what we might want to do is that if there's a company that's going to pay us in U.S. dollars for somebody that has paid them in Bitcoins, you know, we'll accept the U.S. dollars in that fashion. But not be in the -- Mayor Suarez: Yeah, that's the idea. Commissioner Carollo: -- position of recommending through the Manager or anybody what company or what method to use. I mean, I -- and then last but not least, Section 3, the City Commission hereby authorizes and directs the City Manager to analyze the feasibility and benefits to the City of Miami investing a limited amount of government funds into Bitcoin as a long-term asset hedge. The City Manager is instructed to provide a report no later than three months from the passage of this resolution. Well, I'm going to tell you here that the only thing that the City Manager needs to provide to us, the Florida statute that makes it illegal for us to invest in Bitcoin or any such currency like that. We don't have to go any further. It's illegal. We cannot invest our city funds in any of these currencies. Cannot. Am I right or am I wrong, Madam City Attorney? City of Miami Page 208 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Victoria Mendez (City Attorney): It would be to ask for legislative amendments to the State and Federal -- Commissioner Carollo: Well -- Ms. Mendez: -- to be able to do these -- Commissioner Carollo: You're not answering me correct, but you have answered. Ms. Mendez: Right now it's not -- Commissioner Carollo: They would have to make an amendment, which means it's not part of the law right now. Ms. Mendez: Correct. Commissioner Carollo: And who knows if that would ever pass? Certainly not if our new treasury secretary has anything to say about it to our Congress and Senate in Washington because she's dead set against this. And that's not even going into all kinds of reports on the Iranians, Hezbollah, what's happening in Mexico in the last invasion that we have. The meth that's killing our people in the streets. And, you know, when you see some of those homeless out there, that all of their teeth are falling out and they are all messed up, we have very little meth that's made in the U.S. anymore in labs here and there. It's all coming from Mexico. And the cartels, do you know who they're working with? The same SOBs that send us COVID-19, the Chinese, the Communist Party of China. And how are they doing a lot of their transactions? In cryptocurrency. And most of it I suspect is Bitcoin because it's one of the most popular ones. They're probably up there in the top of the top ten. So, look, Mayor, I want to back you, and you know, I'll sit with you on the stuff that we discussed. That's a big one and I think will attract a lot of people, and certainly, lay a strong foundation in the work that you've been doing hard for the City. But I have all these problems and more that I didn't even want to go into. I mean, I really said more than I should with this Bitcoin. So now because I said some of the statements that I have made here and -- doesn't mean that everybody that's into Bitcoin is into bad stuff no. That's just absolutely not. You have a lot of you know, good decent people out there that, you know, are trying to use as an investment and buy into Bitcoin. But there's also a lot of bad guys that are involved with Bitcoins and are using Bitcoin for a lot of nasty activities against our country and against our government using Bitcoin. And last but not least, why would we want to support any currency, crypto from another part of the world, another country that can hurt our U.S. dollar. And that's the biggest problem that I have with it all. You know, if some of these big guys that have billions of dollars, you know, want to gamble and, you know, play their game, that's fine. But City of Miami doesn't have that many, billionaires. We have one here this morning, Mr. Braman, but we don't have that many millionaires. You know, maybe I should've asked Braman, you know, how many Bitcoins he's got, I'd be interested. But our average citizen can't afford to drink that Kool-Aid. They can't afford that ride on Bitcoins. And I don't know if maybe we should try to bring this back and spend the actual time and try to put some wording that just leaves it up to people in Section 1 and Section 2. Because frankly, right now, I have to assume, Mr. Manager, that if anybody wants to hire any one of these companies that would trade other foreign currencies or any cryptocurrency into U.S. dollars to pay us, you'll accept their payment in U.S. dollars. You have no idea what they did. They're just paying you in dollars. So maybe what we need to do is just analyze it and put something to the effect that if people want to pay bills in whatever kind of currency -- and, you know, my question is why are we just using Bitcoin? There are other cryptocurrencies. There's, you know, at least ten that are very well-known and have a lot of investments in them, and you probably have over a 1,000 plus, maybe 1,500 or something to that nature, City of Miami Page 209 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 all over the world. 1 mean, 1'd love to get some of these high-tech guys and create our own in the City of Miami then. Vice Chair Russell: Thank you. Commissioner, I want to recognize the Mayor, but just to your last comment, one of the reasons I'm supporting this is because it specifically names Bitcoin and the established market that has been created around that particular cryptocurrency. If this was vague and general to cryptocurrencies, I would find it much more susceptible to a lot of the issues of volatility or disappearance, as has been mentioned before. But at least -- Commissioner Carollo: Yeah. Vice Chair Russell: -- locking into this particular cryptocurrency gives me a much greater sense of stability and establishment -- Commissioner Carollo: But even in the market -- Vice Chair Russell: -- of the market. There's millions of people using it. Commissioner Carollo: -- do you know how many millions of dollars in Bitcoins have been stolen through the Internet. The North Koreans, they have a small army just doing that. They -- that's all they do is follow the Bitcoins to see how they could steal them because you trade this in the internet and then you get a number, you know, like in a Swiss bank account. If you lose that number, you have ten tries to try to get your money out of there. And if you forget it -- Commissioner Reyes: You lose it. Commissioner Carollo: -- you can't go to any banking institution to say, hey, I'm the real Joe, I'm the real Ken. After the tenth try, that's it, you lost your money. So, I mean, there's so -- Vice Chair Russell: Understood. Commissioner Carollo: -- many problems in it. Vice Chair Russell: Mr. Mayor, I apologize, you're recognized. Mayor Suarez: Thank you, Mr. Chair. And thank you, Commissioner. I appreciate your comments and your perspective on this. I know it also comes from a good place in terms of how you feel about it -- Commissioner Carollo: And Mayor I support you. Nothing that I said please is personal -- Commissioner Reyes: Me too. Commissioner Carollo: -- and I think you're doing a great job and as, you know, representing the City and trying to bring, you know, high tech here to Miami. Commissioner Reyes: Yeah. Commissioner Carollo: And I think you know that I support you and we all support you in that. Mayor Suarez: I appreciate it. I -- so let me just -- I have a few comments. One is, I have absolutely no problem deleting the word "and stable" from whereas clause number 2. I don't have any issue with that at all, and I can understand your concern City of Miami Page 210 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 with that word -- that wording being inserted there. 1 also don't have any issue with you or with the Commission deleting "and is committed to promoting the emergence of Bitcoin as it continuous to gain mainstream acceptance." I have no problem deleting that from whereas clause number, I think, 5 because I think that's a very valid, you know, statement on your part that if you don't want the City to go that far, I have absolutely no problem deleting that. I also have no problem putting in "without incurring any liability" on Section number 2, as you've suggested. I think that's, you know, that's a wise amendment to the resolution. I would just say a few additional things. One is just to address the specific things that you said. One about our Treasury Secretary Janet Yellen. You're absolutely right. That's what she said initially when she was asked that question. She was then asked a second time the same question and she sort of moderated her comments and said, it's important that we consider the benefits of cryptocurrencies and other digital assets and the potential that we have to improve the efficiency of the financial system. She was very clear that there is a place for cryptocurrency in the current financial system and that actually could improve our current financial system. I would argue that the strength of the dollar is based more on our monetary policy, our fiscal policy, or deficit spending, you know, our printing of money and less necessarily on cryptocurrencies. I think cryptocurrencies have emerged in part because people are frustrated sometimes with government policies that they can't control, or they feel like they can't control. And so that's part of the reason why this is happening in the first place. I think, you know, all your other comments are very well taken. 1 understand your concerns. You know, obviously, the dollars have been used for money laundering, dollars had been used for all the nefarious things that you say. I completely agree that there's things are nefarious. Commissioner Carollo: And I made it clear that not everybody is involved with that -- Mayor Suarez: Of course. Commissioner Carollo: -- probably the majority of people -- Mayor Suarez: Of course. Commissioner Carollo: -- into this are not involving in that. Mayor Suarez: No and I agree. I'm just making the point dollars that have been used for all those exact activities that -- you know, money laundering and all of the things that you've said. Commissioner Carollo: Sure. Mr. Suarez: So I don't think in that sense there is a difference between dollars and Bitcoin. I would just say one last thing that I think we're on the cusp of seeing very -- and this is to Commissioner Reyes's point. I think we're on the cusp of seeing a major, you know, tectonic shift on this. If Amazon and Apple accept Bitcoin as a means of paying for their services, essentially, it's overnight gotten very broad acceptance. I mean, you could essentially buy almost every single product in the world. Obviously, it still wouldn't have point of sale acceptance in like restaurants. But I can tell you I've spoken to a major developer who doesn't want me to say who they are, that is about to announce 100 million dollar position and they may at some point also announce the ability to buy homes in Bitcoins. And I know homes, by the way, are being bought and sold in Bitcoin right now in the City of Miami. So, you know, I think for me there's -- in terms of tech, there's the technology industry, and then there's a sub industry which is cryptocurrencies and I think that's a -- it's an industry that's very boisterous, vociferous and growing, and I think this would send the right message. Not only that, I would say that there are many other cities that are anxiously awaiting our acceptance of this so that they also can take that step and are probably City of Miami Page 211 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 going to -- they might even do it before us, which is fine. 1 mean, it is what it is. Commissioner Reyes: May 1 -- Vice Chair Russell: Mr. Mayor, are you finished? Mayor Suarez: Yes. Commissioner Reyes: Yes. Vice Chair Russell: All right. Commissioner Diaz de la Portilla: I want to amend -- Vice Chair Russell: Commissioner Reyes. Commissioner Diaz de la Portilla: But let me first amend the motion because I made the motion. Commissioner Reves: Hold on a second. Let me make this -- Vice Chair Russell: We're keeping track of a stack of amendments. Commissioner Reyes: He addressed me and I -- Vice Chair Russell: I want to capture them all at once. Commissioner Reyes: Mr. Mayor, I'm not saying that I'm totally against this or anything. I mean, I don't have anything against you or what you are proposing. The only thing that is asking -- I'm asking is let's analyze this. Let's -- before we jump in, let's analyze it, you see. Maybe you're ahead of your time. I don't know. Maybe you're right. Maybe you're ahead of the time, but we don't need to rush this, you see. I want to see how can I -- and how much is a Bitcoin is worth? How much they're selling for? Mayor Suarez: The last time I checked it was I think 46,500. Commissioner Reves: How much? Mayor Suarez: 46,500. Commissioner Reyes: Forty-six thousand -- how -- Commissioner Diaz de la Portilla: 48. Commissioner Reyes: 48. Now, I want somebody to explain me how are we going to pay 200 dollars. Mayor Suarez: Because it's fractionalized. Commissioner Reyes: That's right, hold on. They're fractions, but how can that person use that in order to buy food? I want all that clear. Mayor Suarez: Can Ijust -- before you -- Commissioner Reyes: You see. Mayor Suarez: Can I just jump in just real quick? I just want to say that this would City of Miami Page 212 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 come back to the Commission. Because what is envisioned in this resolution is a procurement which would select the appropriate person and that would have to be approved by the Commission. So, I just want to be clear that this would not be -- this is going to be done -- Commissioner Reyes: Wait, wait, wait. You have a person that is going to come in and assist us in this? Mayor Suarez: No. I can tell you there are many, many companies that would love to bid on it. Commissioner Reyes: What I want to do -- Mayor Suarez: There'll be a flood of them. Commissioner Reyes: What I want to do is that -- authorize or direct the City Manager to analyze it with all the companies and use his best judgment to give us a report on the feasibility of doing and the pro and cons, that's it. I'm not saying anything against it. The only thing that I want is that. I think that is the logical thing to do, you see, and I cannot vote -- Mayor Suarez: It's up to the will of the Commission. Commissioner Reyes: -- into something just -- because without an analysis that -- I'm sorry, 1 thought that was what we're going to do. We were going to look into it and see how feasible it is, and how convenient it is, and how safe it is, that's it. Mayor Suarez: I mean, again, it's up to the will of the Commission. I could tell you that it's feasible and safe because its already been done in other parts of the country. Commissioner Reyes: That is your opinion, sir, but what 1 want to know is -- Mayor Suarez: Sure. Commissioner Reyes: -- I want a professional -- Mayor Suarez: That is my opinion. Commissioner Reyes: -- I want somebody, to make an analysis of it, in all aspects of it, you see. Vice Chair Russell: Commissioner Diaz de la Portilla. Commissioner Reyes: And that's what I'm going to vote on unless -- those are changes that the only thing that I'm asking is instead of saying direct them to go into it, to analyze, analyze the feasibility of it, and then we vote if we go into it or we go -- or we'd say no, that's it. Vice Chair Russell: Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: I just would like to amend my motion since I'm the maker of the motion to include the Mayor's deletions and changes that he made as he stated. Vice Chair Russell: Yeah. Commissioner Diaz de la Portilla: So make sure the record reflects that I want to amend my motion to reflect the changes the Mayor and deletions the Mayor made in City of Miami Page 213 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 his comments. Vice Chair Russell: Thank you. The seconder approves the amendment cis well. It's captured on the record. Commissioner Reyes: Let's vote for it. Commissioner Carollo: Did you need to make any statements to that, Commissioner Watson? Commissioner Watson: Yeah. 1 just --1 want to say that I think that everything that the Mayor is doing in this area is very well warranted. 1 think a lot of times we wait before things happen. We wait until things happen in order to try to fix the problem. And maybe this is the groundwork fbr looking at something in a forward thinking in a foresight way. Both Commissioner Reyes and Commissioner Carollo have said things that are relevant, but probably a little bit back before when all this Bitcoin and crvptocurrency started. So just to say that, I think that Janet Yellen said something initially that she thought made sense, so did Jamie Dimon say that about five years ago as he was spending about a billion and -a -half dollars to set up a department to do it. So that being said, I think if we just combined -- changed some words, combine from what's been proffered, we at least allow us to not force anybody to do anything, but allow the option if employees or residents choose to do so, they would have that option. That sets us on a course to continuing to provide an environment for the technology sector to see Miami as a viable option versus not. And so, to your amendment and change your words, Section 1 would be upon analysis to establish a method. Section 2 would also incorporate and have the City employees to choose as an option. Section 2 would be City Manager upon analysis, and then of course, 3 and 4 would be to encourage City of Miami agencies to also study it as an alternative asset class, which it is, and encourage the Florida Legislature to adopt the framework that Wyoming has adopted as a part of what they -- what has been used for cryptocurrencies. I think that it's going in that direction, just like we never thought we'd have cell phones and flying cars and electric vehicles. It's going that way. And to the extent we provided an environment where we're looking at it sooner than later, it's better for us than trying to figure out a problem after the fact. So, upon that, if that's something that's accepted -- Vice Chair Russell: Thank you, Commissioner. Commissioner Watson: -- then I would support -- Vice Chair Russell: Does the mover accept the amendment? Commissioner Carollo: Well -- Commissioner Diaz de la Portilla: I will accept the amendment, but I would like for Todd, the Clerk, to read the changes that Commissioner Watson just put into place. Did you write them down? Mr. Hannon: We've got it captured in the recording. Sorry, I would have to go back and listen to the audio. I can't quote verbatim. Commissioner Diaz de la Portilla: Okay, so we want -- Vice Chair Russell: Commissioner, would you like him to reiterate because -- Commissioner Diaz de la Portilla: Yeah. Can you repeat it because I think it was a little difficult to hear you. City of Miami Page 214 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Watson: Difficult to hear me? Commissioner Diaz de la Portilla: Yes, sir. Can you repeat the changes you just said? Commissioner Watson: Yeah. The changes I said, Todd, was in Section 1, after City Manager, it should read upon analysis. Second line, employees to choose as an option. In Section 2, after City Manager, it should be upon analysis and then two additional items, one is to encourage agencies that they will do -- encourage agencies to study the use as an alternative asset class, the category to foster forms of cryptocurrencies. And then number five would be encourage the Florida Legislature to adopt similar laws as Wyoming, which is the standard bearer, to promote laws that allows the use of cryptocurrencies as alternative investments. So that allows us to get into the mode of setting the environment as we continue to move forward. Study notwithstanding, there has to be studies made in order for anything to happen. But no companies have been selected, there is not a whole lot of people out there. And I agree, you know, cryptocurrencies was deemed as a bad thing ten years ago. Now ten years later, it's being more accepted. We should be on the forefront at least looking at it, which is what this allows us to do, and if there are options for employees and options for residents, it does not allow us to have any increased liability; then it's something that they can choose to do versus -- Commissioner Reyes: Mr. Chair. Commissioner Diaz de la Portilla: I'll accept -- Vice Chair Russell: Thank you. Just a moment, Commissioner. Commissioner Diaz de la Portilla: I'll accept those changes to my motion. Vice Chair Russell: Thank you. The mover accepts the amendment, the seconder does as well. Commissioner Reyes -- Commissioner Reyes: Mr. Chair. Vice Chair Russell: -- you're recognized. Commissioner Reyes: Yes. And you said the word that I'm looking for study, study the possibility, and that's all I want to do. What I want to do is just include the word study instead of directing the Manager to do something. Study the possibility, that's all, you see. I mean, the only thing that I'm saying -- being is cautious. Study the possibility of -- without contracting a third party and study the possibility of paying our employees part of it, those that want to accept it in Bitcoin. If they want to accept it, that's fine, you see. And also, City Commission authorize -- direct the Manager to establish procedures that will study the poss -- I mean, study the possibility of City resident and business to pay municipal service and fees in Bitcoin. And finally, you see, also study the pros and cons of parking our money or investing in this. Because as of today Bitcoin is just an investment. I mean, people invest in Bitcoin because due to its popularity to the limit of number -- the number of the Bitcoins because you have to mine every so many years, you see. I mean, that's when they (UNINTELLIGIBLE). That is why the price went up so high. I just want an in-depth analysis of -- in order to take action in something that we are involving our employees and we are all involved in the finances of the City. You understand what I'm tfying to say? I'm just being cautious. Vice Chair Russell: Thank you. Commissioner -- just a moment, Mr. -- Commissioner Carollo. Commissioner Reyes, so Commissioner Watson's amendment does include the words upon analysis. Is that different than what you're --? City of Miami Page 215 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Reyes: Upon analysis of all three of them? Vice Chair Russell: Yes. He added it into all three -- Commissioner Watson: Yes. Commissioner Reyes: Upon analysis? Commissioner Watson: Yes. Commissioner Reyes: Okay. If that's the case, you see, it is not directing them to jump into it. It's just upon analysis and then he will come and give us his findings. I'm just -- Commissioner Watson: Yes. Commissioner Reyes: -- well include that that we will act according to the Manager's finding. Vice Chair Russell: Thank you. Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you. Commissioner Reyes: That 1'll accept. Commissioner Carollo: I just want to leave a couple of things on the record. One, when the mayor was speaking, the difference between Bitcoin and the U.S. dollar, the Euro, the Yen -- Commissioner Reyes: That's right. Commissioner Carollo: -- other currencies and Bitcoin. Yes, you've got money launderers, narco-traffickers, you name it, terrorists that have used all these currencies. But the difference is that those other currencies have to go through banking institutions. They can be traced and are traced. That's why every year, our governments throughout the world arrest thousands of these characters because they're able to trace legit government -issued currencies. With Bitcoin, you can't do that. And that's the big difference. Now, the Mayor is correct that the incoming Treasury Secretary Janet Yellen did state that cryptocurrency has the potential to improve the efficiency of the financial system. Except she didn't say that after the fact of what I read; she said this before. And what she was trying to say is because of the cryptocurrency, it's going to make us more aware of protecting our U.S. dollar against everything that we have discussed here today. And then after that is when she said, at the same time, it can be used to finance terrorism, facilitate money laundering and support malign activities that threaten U.S. national security interests and the integrity of the U.S. and international financial systems. Now, let's go to the heart of the resolution. Make sure that the Clerk is taking the amendments that the Mayor stated that he would agree to. And on the second whereas, where he was saying popular and stable, since it's not stable, it's volatile and when you have a currency that in January 14 was at 39,000, then it jumped down to 30,000 January 27, and today it's at 48,000, it gives you an indication in just a few days how volatile it is and that's without going into the past of it, which is really volatile. So, the word stable would be taken out. Then in the third, fourth, fifth whereas, we're going to leave it at the City of Miami is committed to establishing itself as a 21st Century city that embraces new technologies that provide value to our residents and businesses, period. We're taking out and is committed to promoting the emergence -- Mayor Suarez: I agree. City of Miami Page 216 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Carollo: -- of Bitcoin as it continues to gain mainstream acceptance. That's taken out. The section 3 -- as you heard the City Attorney state, this is illegal. We can't invest our money. We cannot invest our money in Bitcoins, or for that matter, any other cryptocurrency. So I don't know how we can instruct the Manager to analyze the feasibility and benefits of the City of Miami invested in something that the statute says that we cannot do that is illegal. As the City Attorney said, there would have to be an amendment to the statute for this to be feasible. So how would you like to word that, Commissioner Watson, or --? Commissioner Watson: I would do the same, Commissioner. I would -- oh, sorry. I would do the same on number 3, as in number 4 and 5. You're encouraging -- at least encouraging the Florida Legislature. Commissioner Carollo: That we're what? Commissioner Watson: Were you --? I'm sorry. Vice Chair Russell: Simply encouraging the Florida Legislature -- Commissioner Watson: Where you're encouraging the Florida Legislature to adopt laws that allows fbr municipalities to have cryptocurrencies as an alternative investment asset class? Commissioner Carollo: Okay. So that's what you would put in there? Commissioner Watson: Yes. Commissioner Carollo: So that's different than what we have, so -- Commissioner Watson: Well, because we know that -- Commissioner Carollo: Well, exactly. Commissioner Watson: Yeah. It is what it is then that's what we need to be doing. Commissioner Carollo: I think it's a lot more appropriate. Commissioner Watson: Yeah, yeah, that's fine. Commissioner Carollo: By including that. Commissioner Watson: Yeah. Well, that's a lot more appropriate. That's -- Commissioner Carollo: Yeah. Commissioner Watson: -- what we have to do whether or not the Mayor -- Commissioner Carollo: Besides, that's misleading in any way. Commissioner Watson: Yeah, yeah, most definitely. Commissioner Carollo: And then in Section 2, the Mayor said that we could put the same thing that we did in Section 1, that we will accept payments without incurring any liability to the City. Commissioner Watson: Yes. Commissioner Carollo: Okay. So that's part of the amendment also here. City of Miami Page 217 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Watson: Yeah. It's upon analysis as Commissioner Reyes asked for. So, upon analysis and no liability to the City, yeah. Commissioner Carollo: Yeah, upon analysis of both. Now going on -- Vice Chair Russell: I just want to capture what you've said so far, Commissioner Carollo. Commissioner Diaz de la Portilla, some of the things Commissioner Carollo said have already been captured as amendments, but some of the things he has said may be new. Commissioner Diaz de la Portilla: There's one thing that's new. And I'm not going to speak for the Mayor, I'll let him speak for himself, he is very good at it. 1 think there's elimination of Section 3. You had, Commissioner Watson, an additional section that encourages the Florida Legislature to revise Florida's statute? Commissioner Watson: Yes, that's -- Commissioner Diaz de la Portilla: You did not replace Section 3 with that? Commissioner Watson: No. Commissioner Diaz de la Portilla: Correct. So Section 3, I think Commissioner Carollo wants to replace -- get rid of Section 3. 1 don't think the Mayor is amenable to that, but he can speak for himself. (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Carollo: How can we instruct the City Manager to analyze the feasibility and benefits of the City on something that we can't do right now because it's illegal? Commissioner Diaz de la Portilla: Because we have another section that encourages to make it legal. What this does is just have -- having to analyze the feasibility of the actual product, of the product itself. Commissioner Carollo: Then it should be worded that if and when it's adopted to be made legal by the State Legislature, then the Manager should do what you're saying here. Mayor Suarez: Mr. Chairman. Vice Chair Russell: You're recognized, Mr. Mayor. Mayor Suarez: Thank you. Maybe I can offer something that will sort of break the stalemate a little bit. Maybe if we said something in the City Commission here by authorizing to direct the City Manager to analyze the feasibility and benefits of the City of Miami and the City Attorney to analyze the legality -- to analyze the legality. In other words, you have the City -- you know, you have -- you'll have -- you're telling the City Manager to analyze the feasibility and you're analy -- and you're telling the City Attorney to analyze the -- Commissioner Carollo: The City Attorney already told us that we would have to change -- make an amendment to the state statutes to make it legal. And this is the point that I'm trying to get because we're approving something that is, you know, deceiving. You know, so we -- Mayor Suarez: I don't think we're approving anything that is deceiving. We're just -- City of Miami Page 218 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 we're saying that -- Commissioner Carollo: I'm saying the number 3, Mayor. Mayor Suarez: Right. No, no. Commissioner Carollo: I think we'd leave it that way. Commissioner Reyes: How about if it says -- it reads that analyze the feasibility of changing -- Commissioner Carollo: Of making legal? Commissioner Reyes: Or making it legal. Commissioner Watson: Mayor, if you accept Section 5 -- Commissioner Reyes: Yeah. Commissioner Watson: -- you can drop Section 3. Mayor Suarez: Whatever you guys want to do. Commissioner Watson: Okay. Commissioner Carollo: Section? Which section? Mayor Suarez: Whatever you guys want to do. Commissioner Watson: If you accept Section 5 -- Commissioner Carollo: Section? Commissioner Watson: Section 5. Vice Chair Russell: Section 5, encouraging the Legislature, you can drop Section 3, analyzing the legalities. (MULTIPLE PARTIES SPEAKING IN UNISON) Vice Chair Russell: Commissioners, please one at a time. Commissioner Carollo: Yeah, I agree. Vice Chair Russell: Does the mover accept the amendment to drop Section 3? Mayor Suarez: And IN just say this. Look -- Commissioner Diaz de la Portilla: Yeah. We -- Mayor Suarez: Whatever you guys want to do is fine with me. Commissioner Diaz de la Portilla: Hold on, hold on, hold on. Can we at least have the City Manager analyze the feasibility of Bitcoin so that we know that we have the report that you wanted, Commissioner Reyes. Or do you just want to drop the section altogether? Because the -- (MULTIPLE PARTIES SPEAKING IN UNISON) City of Miami Page 219 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 Commissioner Reyes: What are you talking about? Commissioner Diaz de la Portilla: No, no, no. It's an analysis. You can do it because he can make an analysis. We get -- Commissioner Carollo: What analysis? The analysis -- Commissioner Diaz de la Portilla: Well, let me finish. Vice Chair Russell: One at a time. Commissioner Diaz de la Portilla: Let me finish. Let me finish. In Tallahassee, we have a bill summary. And that's a bill that's being proposed. It's not legal yet, it's being proposed. But they give us a bill summary and an analysis of the bill and what it does and what changes it makes. So, all this does is it analyzes the feasibility of having the City of Miami invest in Bitcoin separate from the other two sections. Commissioner Carollo: The only thing -- Commissioner Diaz de la Portilla: So, before it becomes legal, we can still have an analysis. That's why it's a bill proposal -- Vice Chair Russell: Which is hypothetical. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: It's a bill proposal. And then we read the bill -- so it's going to change the law, but we get an analysis, so we know what we're doing and get more information. Commissioner Carollo: I did state before -- Commissioner Reyes: That's right. Commissioner Carollo: -- that after the statement that Commissioner Watson said to put in there, we can put in that upon the statute change, the Manager should do the analysis that we're discussing here and bring it back to this Commission. But you can't ask him to analyze something that is not legal that hasn't happened. What is he going to analyze? Of course, we could -- Vice Chair Russell: Hypothetical modeling. Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: No, it's not hypothetical modeling. Commissioner Carollo: Of course, it is. Commissioner Diaz de la Portilla: No, it's called a bill analysis. Every single bill that comes down in Tallahassee, there's a bill analysis -- Commissioner Carollo: But you tell me -- Commissioner Diaz de la Portilla: -- before it becomes law. Commissioner Carollo: -- what analysis does the Manager have to do in something that if only thing that needs to be done is for the statute to be changed then he could City of Miami Page 220 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 do it. Commissioner Diaz de la Portilla: I'll accept it. It just delays the process because the analysis comes after the fact. But if the Mayor -- because it's not my bill. It's not my resolution. Are you okay with that, Mayor? Mayor Suarez: What was it? I'm sorry because I was just -- Commissioner Diaz de la Portilla: That we eliminate Section 3. We don't do the bill proposal. Mayor Suarez: At this point -- what time is it? It's a -- Commissioner Diaz de la Portilla: Yeah, a bill analysis. Okay. Mayor Suarez: 9:48, yeah. I mean, you guys could do -- Commissioner Carollo: Or -- Vice Chair Russell: So -- Mayor Suarez: -- whatever you want. Vice Chair Russell: Just a moment, please. Just to capture it, the mover is open to amending -- striking Section 3. Commissioner Diaz de la Portilla: Yes, sir. Vice Chair Russell: Seconder approves as well. I'd like to add a section please, with regard to education. Commissioner Diaz de la Portilla: Here we go. Vice Chair Russell: I would like the City Manager to create an education program around Bitcoin, both in person and online -- Mayor Suarez: Fine with that. Commissioner Diaz de la Portilla: Yes, I accept that. Vice Chair Russell: -- in English, Spanish, and Creole. Mayor Suarez: I like that. Commissioner Diaz de la Portilla: I accept that. Mayor Suarez: I think that's a good idea. Commissioner Diaz de la Portilla: Yes. Good idea. Vice Chair Russell: The whole concept of Bitcoin is to democratize the currency -- Mayor Suarez: Yep. Vice Chair Russell: -- and it has become a currency for the wealthy. I think this is our chance to -- in an intelligent way -- really try to bring this to our residents and our employees but we have to do so carefully so they can make informed decisions with this investment in currency. City of Miami Page 221 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 NA.9 8639 City Commission Mayor Suarez: Sure. Vice Chair Russell: So thank you. The mover and seconder accepts that amendment. Is there any further amendment or discussion? Being no, open for public comment if there's anyone here or online or on the phones who would like to comment on the item. Closing public comment. Any further discussion? All in favor of the items, say "aye." Commissioner Reyes: As amended. Commissioner Carollo: No. The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Commissioner Carollo: Yes. No. Vice Chair Russell: Let the record show four to one, please, as amended. Motion passes. Thank you very much. DISCUSSION ITEM UPDATE BY THE CITY MANAGER REGARDING THE CITY'S LEGISLATIVE PRIORITIES. RESULT: DISCUSSED Vice Chair Russell: Mr. Manager, you wanted to address one last thing before we close the meeting? Arthur Noriega (City Manager): I distributed a -- just an update, a legislative update. Obviously, as I committed to before, I'm going to be doing these at every subsequent meeting we have throughout the session. It shows an allocation of resources, an initial allocation of resources, as well as the assignments for the appropriations items. We will come back at the next meeting with additional assignments for the actual legislative items. We're also going to have -- add the legislative item passed in the pocket item today. And then potentially we're probably going to bring back either the next meeting or the subsequent one, some additional firms with some specific assignments, additional assignments beyond what we update the Commission on next meeting. Vice Chair Russell: Thank you, Mr. Manager. And until we do assign a federal lobbyist, our lobbyist on the American Rescue Act is the Mayor tomorrow. So good luck with the President, sir. All right. Is there any further business for this body? All right. We got out of here before 10 p.m. City of Miami Page 222 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 NA.10 8642 City Commission DISCUSSION ITEM UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE FEBRUARY 25, 2021 MIAMI CITY COMMISSION MEETING. THE PERSON PRESIDING OVER THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE CASE OF ERNESTO CUESTA, ET AL. VS. CITY OF MIAMI AND WEST FLAGLER ASSOCIATES, LTD., CASE NO. 20-006298 CA (43), PENDING BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION WHICH INCLUDE VICE-CHAIRMAN KEN RUSSELL AND COMMISSIONERS ALEX DIAZ DE LA PORTILLA, JOE CAROLLO, MANOLO REYES, AND JEFFREY WATSON; CITY MANAGER ART NORIEGA, V; AND ATTORNEY RAQUEL RODRIGUEZ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON PRESIDING OVER THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. RESULT: DISCUSSED Barnaby Min (Deputy City Attorney): Mr. Chairman, while you pack up, I just need to read scripts for the shade meetings, but you don't need to stay for that. Vice Chair Russell: You do or do not need us to stay? Mr. Min: I need to read the script announcing shade meetings for February 25th, but you can all start packing up. Vice Chair Russell: Can I adjourn the meeting before? Mr. Min: Not until -- Vice Chair Russell: Okay, go ahead and read the script, please, Barnaby. Mr. Min: Thank you, sir. Vice Chair Russell: Thank you. Mr. Min: Mr. Chairman, members of the City Commission pursuant to the provision in Section 286.011 (8) of the Florida Statutes, City Attorney is requesting that the City Commission meeting at February 25, 2021 attorney -client session closed to the public City of Miami Page 223 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 NA.11 8643 City Commission he held for the purpose of discussing pending litigation in the matters of Ernesto Cuesta, et al. versus the City of Miami and West Flagler Associates, Limited, case number 20-69 -- 6298-CA-(43), pending in the Miami -Dade Circuit Court to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations and strategy discussions related to litigation expenditures. This private meeting will begin at approximately 10 a.m., or sooner thereafter as the Commissioners' schedules permit and conclude approximately one hour later. The session will be attended by the members of the City Commission, which include Vice Chairman Ken Russell, Commissioners Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes and Jeffrey Watson, City Manager Art Noriega and Attorney Raquel Rodriguez. A certified court reporter will be present to ensure the session is fully transcribed and the transcript will be made public upon the conclusion of litigation. At the conclusion of the attorney -client session, the regular Commission meeting will be reopened. The person chairing the Commission meeting will announce the termination of the attorney -client session. DISCUSSION ITEM UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE FEBRUARY 25, 2021 MIAMI CITY COMMISSION MEETING. THE PERSON PRESIDING OVER THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE CASES OF ERNESTO CUESTA, ET AL. VS. CITY OF MIAMI AND WEST FLAGLER ASSOCIATES, LTD., CASE NO. 20-006298 CA (43), PENDING BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, AND WEST FLAGLER ASSOCIATES, LTD. VS. CITY OF MIAMI, CASE NO. 19-CV-21670-RNS, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION WHICH INCLUDE VICE-CHAIRMAN KEN RUSSELL AND COMMISSIONERS ALEX DIAZ DE LA PORTILLA, JOE CAROLLO, MANOLO REYES, AND JEFFREY WATSON; CITY MANAGER ART NORIEGA, V; AND ATTORNEY RAQUEL RODRIGUEZ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON PRESIDING OVER THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. RESULT: DISCUSSED Barnaby Min (Deputy City Attorney): Mr. Chairman, members of the Commission pursuant to the provisions of Section 286.011 (8) Florida Statutes, the City Attorney is City of Miami Page 224 Printed on 09/10/2024 City Commission Meeting Minutes February 11, 2021 ADJOURNMENT requesting that the City Commission meeting at February 25, 2021, attorney -client session closed to the public be held for the purposes of discussing the pending litigation in the matters of Ernesto Cuesta, et al. versus the City of Miami and West Flagler Associates, Limited, case number 20-6298 CA (43), pending in Miami -Dade Circuit Court and West Flagler Associates, Limited versus the City of Miami, case number 19-CV-21670-RNS, pending in the United States District Court for the Southern District of Florida to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations and strategy discussions related to litigation expenditures. This private meeting will begin at approximately 10 a.m., or soon thereafter as the Commissioners' schedules permit and conclude approximately one hour later. The session will be attended by the members of the City Commission, which include Ken Russell, Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes, and Jeffrey Watson; City Manager Art Noriega and Attorney Raquel Rodriguez. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney -client session, the regular Commission meeting will be re- opened, and the person chairing the Commission meeting will announce the termination of the attorney -client session. Thank you, Mr. Chairman. Vice Chair Russell: Thank you, Mr. City Attorney. Thank you, everyone, for your patience, your advocacy, and your involvement. We are now adjourned. Commissioner Reyes: Thank you. Vice Chair Russell: Everyone have a good night and a good weekend. The meeting adjourned at 9:53 p.m. City of Miami Page 225 Printed on 09/10/2024