Loading...
HomeMy WebLinkAboutCC 2021-05-06 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com * INCORPRRATED * 1808 � u 1 Meeting Minutes Thursday, May 06, 2021 10:00 AM Special 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 May 6, 2021 10:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chair Russell, Commissioner Diaz de la Portilla, Commissioner Carollo, Commissioner Reyes and Commissioner Watson On the 6th day of May 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 special session. The Commission Meeting was called to order by Vice Chair Russell at 10:25 a.m., recessed at 12:46 p.m., reconvened at 3:33 p.m., and adjourned at 4:43 p.m. Note for the Record: Commissioner Reyes entered the Commission chambers at 10:26 a.m., and Commissioner Carollo entered the Commission chambers at 10:30 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Vice Chair Russell: Good morning. Welcome to this very special edition of the City of Miami Commission meeting, for May 6, 2021. Today's special meeting has been called fbr the purpose of discussing and taking any and all actions in relation to the acceptance and allocation of funds received by the City of Miami as a result of the American Rescue Plan Act and discussing information concerning marinas owned by the City of Miami. Members of the City Commission participating in this special meeting are Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes, Jeffrey Watson and me, Ken Russell, your Chair. Also appearing are City Manager Art Noriega, City Attorney Victoria Mendez, and City Clerk Todd Hannon. The special meeting will be opened with a prayer by Commissioner Watson, followed by the Pledge of Allegiance led by Commissioner Diaz de la Portilla. Please stand. Invocation delivered and pledge of allegiance delivered. Vice Chair Russell: You may be seated. Thank you. PRESENTATIONS AND PROCLAMATIONS PR.1 9039 PROTOCOL ITEM Honoree Presenter Protocol Item Allapattah Collaborative CDC Commissioner Diaz de la Portilla Proclamation RESULT: PRESENTED Vice Chair Russell: So before we take up the agenda, just one protocol item Commissioner Diaz de la Portilla, some of the constituents and business owners from your district received a proclamation yesterday and they would like to have a ceremonial photograph with this commission, if I'm not mistaken. Is that correct? Commissioner Diaz de la Portilla: That's correct. I think they also wanted to say a few words. Vice Chair Russell: Let's head on down then. If you have a handheld mic, please. I don't have one here. If we could go down to the front. It's on. Thank you. If the commissioners could join down front. City of Miami Page 1 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 ORDER OF THE DAY Presentations made. Commissioner Diaz de la Portilla presented a Proclamation to Allapattah Collaborative CDC in recognition of Florida's Secretary of State, Laurel M. Lee, "Allapattah Main Street" designation; making said designation the only one in the City of Miami. Allapattah Collaborative CDC through its Allapattah Main Street program has secured over a million dollars in access to capital in microbusinesses, provided over 1200 hours of technical assistance and mitigated microbusinesses pressures as they work collectively to revitalize the commercial corridor. Elected Officials paused in their deliberations to recognize Allapattah Collaborative CDC employees, board members and volunteers who commit their time and talents to improve the quality of life for the entire community and the resilience of the City's small business corridors. Furthermore, Elected Officials proclaimed Wednesday, May 5, 2021 as "Allapattah Main Street Day" in the City ofMiami. Vice Chair Russell: Madam City Attorney, please state the procedures to be followed during this special meeting. Thank you. Victoria Mendez (City Attorney): Thank you. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with the City Clerk and comply with the related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City, official, board member, or staff member until registering. A copy of the code section about lobbyists is available at the City Clerk's Office or online at www.municode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the appropriate disclosures required by the City Code in writing. A copy of this code section is available at the Office of the City Clerk or online at www.municode.com. The City of Miami requires anyone requesting action by the City Commission to disclose before the hearing any consideration provided or committed to anyone for agreement to support or withhold objection to an action 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 materials will be entered into the record at the City Commission's discretion. In accordance with Section 2-33(and (G) of the City Code, the agenda and the material for each item on the agenda is available during business hours at the City Clerk's' Office and online 24 hours a day at www.miamigov.com. Any person may be heard by the City Commission through the Chair, upon registering pursuant to the published notice for no more than two minutes on any proposition before the City Commission unless modified by the Chair. Public comment will begin at approximately 10:00 a.m. and remain open until the public comment is closed by the Chair. Members of the public wishing to address the body may do so by submitting their written comments via the online comment form. Please visit www.miamigov.com/meetinginstructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment form have been distributed to the elected officials and the City Administration throughout the day so 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 upon and until the Chair closes the public comment. All comments submitted will be included as part of the public record for this meeting and will be considered by the Commission prior to taking any action. Public comment may also be provided live at City Hall located at 3500 Pan American Drive. Speakers who appear in person will be subject to screening for symptoms of City of Miami Page 2 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 COVID-19. Any persons exhibiting symptoms will not he permitted to enter City Hall. Interested persons are required to abide by the City's rules and are urged to practice social distancing. If the proposition is being continued or rescheduled, the opportunity to be heard may he at such a later date before the City Commission takes action on the 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 notify the City Clerk. The City has provided different public comment methods to indicate, among other things, a public support, opposition, or neutrality on items and topics to be discussed at the City Commission meeting in compliance with Section 286.0114(4)(c), Florida Statutes. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity and time before the meeting. Please note, Commissioners have generally been briefed by City staff on items on the agenda today. Anyone wishing to appeal any decision -- that's that. Access to the meeting, this meeting, can be viewed live on Miami TV, the City's Facebook page, the City's Twitter page, the City's YouTube channel, and Channel 77. The broadcast will also have closed captioning. Thank you. Vice Chair Russell: Thank you, Madam City Attorney. Good morning, everyone. Commissioner Diaz de la Portilla: Good morning. Vice Chair Russell: We only have two items on today's special meeting agenda. Good morning, Commissioner Carollo. We also have after this meeting an Omni CRA (Community Redevelopment Agency) meeting scheduled. I have a 12:30 that I need to get to, so I'm hoping we can put everything together before then. Commissioner Carollo: I, myself, would have to leave by noon. I have to do something that only, I could do. Vice Chair Russell: Got it. Do we think we'll be able to handle all of this and the CRA meeting? Commissioner Carollo: No. I don't know how much we can do. Commissioner Watson: If I move to defer both items, we will. Commissioner Carollo: Okay. I'll second the motion. Vice Chair Russell: No, let's get some work done. Commissioner Reyes: I third it. Vice Chair Russell: Mr. Manager, good morning. Arthur Noriega (City Manager): Morning, Mr. Chair. Vice Chair Russell: I assume you don't have any items on this agenda to defer, continue, or withdraw. Mr. Noriega: SP.1, we would request that that item be deferred or rescheduled to a new date. Obviously, we still have not received any of the formal guidelines on the American Rescue money, and as a result, we aren't prepared to make a presentation, and I think absent those guidelines, we would be sort of a little out of our element, so we would request that once we receive those guidelines, we could be better prepared City of Miami Page 3 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 to formally, present to the Commission and engage in really a meaningful conversation as to how that money should be spent or will be spent. Vice Chair Russell: These are guidelines being issued by the Treasury, correct? Mr. Noriega: Correct. Vice Chair Russell: And they were scheduled to come out this past week or this week, if I'm not mistaken. Mr. Noriega: They have not come out. Commissioner Watson: They should come out by the 10th. Mr. Noriega: Yes, supposedly the IOth or the II th was the last date I heard. Commissioner Watson: But Mr. Chair. Vice Chair Russell: You 're recognized. Commissioner Watson: I guess I just want to say that, I mean, aren't we going to have priorities that are priorities? 1 don't know that, 1 mean, that is staff. 1 mean, I don't necessarily want staff to have to deal -- look, unless we are sitting at the table massaging those regulations, which we are not, 1 don't know if we are even in the game yet to do that, whatever our priorities are, we can state what they are for the record and then let them deal with it. They are usually corning down with things we are not going to necessarily affect. For all practical purposes, our biggest priority, one, is affordable housing. Everybody is calling for that. We don't need to wait to say that, right? Our next one is probably this coastal strategy and what that means. We don't have to wait for Treasury to do that. And so I would really like staff to get what they are. They haven't really changed, they won't probably change, and then they can wrangle with whatever regulations are, and if we need to speak to those, because they may put those regulations out for comment. So I want to give, at least we should, I like to think we schedule it, let's give the Manager baseline what our priorities are. We -- you all mostly, know what they are. And then they can deal with those nuances because we don't change that, right? You know, I don't know. I just think. Vice Chair Russell: I agree. I'd like to keep the discussion item on as well. And Commissioner Reyes: Mr. Chair. Vice Chair Russell: -- understand the limitations on how far it may get, but I think we do need to start putting some things on the record of what we'd like to think from a philosophical and policy perspective with how we might spend this money. Commissioner Reyes, you're recognized. Commissioner Reyes: Yes, I -- I agree with Commissioner Watson. And that we, I mean, we all know what our needs are. He mentioned two that are very important, but also, I don't want you to forget about the infrastructure. We need to build some streets that they are almost, I mean, they are in very, bad shape. And that is -- those are, in my opinion, those are the three most important items, or issues, that we have in our city, and we should take care of it. I think that we can talk about that. And I don't know if it will be a good idea now to at least try, to talk about how it should be splitted [sic], you see, how they could be assigned, or if we shall give the City Manager more time, and the staff to present strategy. Commissioner Watson: I think that -- I think that's the basis for a later conversation. City of Miami Page 4 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Commissioner Reyes: That's right. Commissioner Watson: Once the rules come out -- Commissioner Reyes: That's right. Commissioner Watson: -- then that's the conversation to have. Commissioner Reyes: That's right. Commissioner Watson: But 1 think the staff and the Manager -- the Manager's staff is more than equipped to know what our issues are. And 1 think infrastructure, I forgot that, is something that they are more equipped to know. And then they will now bring back and say -- Commissioner Reyes: That's right. Commissioner Watson: -- okay, fine, X, Y, and Z. Then we have a later discussion. But I think to hold up what the priorities are, you know, that's -- so that's just mine. Vice Chair Russell: Agreed. Commissioner Reyes: That is right. And I will ask that -- have any strategy in saying we should, or we recommend, and we take it from there. You see? You take it from there and we can massage it and tailor it to what our needs are. Okay? Vice Chair Russell: Sounds good. All right. PUBLIC COMMENTS FOR "SP" ITEM(S) 9041 DISCUSSION ITEM Office of the City Clerk PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE MAY 6, 2021 SPECIAL CITY COMMISSION MEETING. RESULT: PRESENTED Vice Chair Russell: Are there any changes to our agenda to be recommended by the board? Hearing none, we'll go ahead with our set agenda. And I will open up the floor for public comment if you're here to speak on either of these two items, the American Rescue Plan funds as well as city -owned marinas. This will be your opportunity. You'll have two minutes each. You just need to state your name and which item you're speaking on. If people could just line up at either of the lecterns, respect social distancing. We will clean it off between those who use it. And you'll hear a small beep at the 30 second point. That's your signal to start wrapping things up, so we respect everyone's time. And this is your opportunity to speak on both of these items, not the CRA (Community Redevelopment Agency) meeting. That'll be a separate agenda that will open up after this meeting. I did have one -- well, I'll respect everyone's time and read the statement from someone who wasn't able to be here afterward. But Debbie, good morning, how are you? Mask, please. Thank you. Let me make sure your mic is on. City of Miami Page 5 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Debra Spiegelman: Ain 1 on? No. Vice Chair Russell: I can't hear you yet. Ms. Spiegelman: Now I'm on. Vice Chair Russell: There you go. Ms. Spiegelman: Good morning. Mr. Chair, Mr. City Manager, and Commissioners, I'm Debra Spiegebnan, CEO (Chief Executive Officer) of the Miami Children's Museum. Thank you for the opportunity to come before you this morning. It's great to be back after the museum has been closed for 408 days. During that time, we expanded our programming to meet the community's needs and we continue to serve all residents in the City of Miami. And of course, we welcome everyone. Our programs reach far beyond the walls of the museum. We have a partnership with four schools in Liberty City and we continued great after -school programming there through the pandemic. We have a 50 percent discounted admission for all city residents. We cater to different cultures, we have diverse learning styles, and all of our programs are built fbr accessibility. We have the most diverse staff of any cultural institution. Before closing, we welcomed about 500,000 people a year. We have completely outgrown our space, and I'm confident that by this time next year, we'll be serving as many, if not more, children and families. We've completed our plans for the expansion. We are shovel ready. I'm here today to seek funds for the final phase of our master plan. We are not asking the City to increase our leased area. Our expansion is on our current footprint. Last time 1 stood before you, we discussed a different project. We have invested a lot of money in the Citv's building, and we remain being recognized and are very proud to be a cultural jewel in the City of Miami. We have invested $10 million from private donors. We're now in the midst of a million -and -a -half -dollar project, adding musical interactive fountain instruments, enhanced security, a guardhouse, and a covered walkway. The final phase is our new entry building. We're increasing the size of the City of Miami's building. This is your building and we're asking you to invest more to help us expand the building by 8,500. That's 30 seconds. Vice Chair Russell: That's the two minutes, but you can wrap up. Ms. Spiegelman: Thank you. In this building, we will be expanding the age group, we'll be providing more opportunities for employment, we're deepening the museum's economic impact in the city through increased employment, we're driving tourism to our city, we have early learning, which are -- is key because the investments in early learning are essential to giving children a strong smart start to their lives. When a child learns earlier in their life, they earn more in the workforce. So the suggestion and the reason I'm here is to ask for $8 million to complete our project and we're asking you to please consider funding from the Forever Bond and the American Rescue Plan. Vice Chair Russell: Thank you. Have you submitted this request to the City Manager yet? Ms. Spiegelman: I've had a conversation with the City Manager, but wanted to come before the Commission and will continue to meet with him. Vice Chair Russell: Much appreciated. If you could submit those -- that request formally to him so that as those guidelines come in from the American Rescue Plan, we can see what is possible. City of Miami Page 6 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Ms. Spiegelman: Okay. Vice Chair Russell: And then also, there may be multiple funds, sources within the city, the bond, you name it, to see what might be appropriate to help you achieve your goals. But I think that's a good place to start. Ms. Spiegelman: Thank you, Commissioners, for your hard work during the pandemic. Vice Chair Russell: Thanks for your comments and thanks for that. Good morning, sir. Frank Pichel: Good morning, Frank Pichel. I'm here to speak about two fallen officers that passed away three weeks ago, and I believe they should be commemorated. The first officer is Martha Wander. Martha Wander was a wonderful police officer. She is the best undercover officer I've ever worked with. She passed away a week and a half ago after serving 30 years in the Miami Police Department. We went through four hurricanes together, including Andrew. During Andrew, we were at the same field force, and we were not able to go home for three days because of the devastation that caused by Andrew that I'm sure that most of you are aware of.. She's a wonderful person, should be commemorated and acknowledged for her service to the city of Miami, most of her adult life. The second person that passed away is Officer Raymond Martinez. Now, Raymond and 1 went to the police academy together and he served over 30 years in the Miami Police Department. The reason why Raymond is such a wonderful person and memory to me is because during the academy, he and 1 were assigned as the partners in our tactical defense training. I got to know him very well because my brother did two tours in Vietnam, and I know what dealing with a veteran that has PTSD (Post Traumatic Stress Disorder) is. After watching him, my brother, for several years, having flashbacks and even calling Fire Rescue to save him. We call Raymond "The Flash" Martinez because Raymond, when we were doing practical training, he would flashback and really believe that he was in combat. Now, Raymond shared his experience with me, and I think this is something very important, especially when he was a refugee, just as I was and my parents. Raymond told me that he arrived from Cuba when he was 17 years old. Six months later, he turned 18, and a week after that, he was drafted into the United States Army. He couldn't even speak English. He learned to speak English in bootcamp. Right after bootcamp, he was immediately sent to Vietnam. The reason why I loved him so much, because he was assigned to a -- to a tank division. And the tank was hit with a mortar round, and he saved the three lives of these other soldiers, American soldiers, by pulling them out of the burning tank. At that time, both his arms, from his hands up to his elbows, were charred and he carried those scars for the rest of his life. The one thing that really got to me and resounded with me was his humanity, because he was telling me that, unfortunately, the first person that he had to shoot and kill during that horrible war was a 12-year-old Vietnamese boy that ran into the camp with a grenade, and he had to do what he did to protect himself and his other soldiers. He never got over that and actually cried when he told me that story. And I think that we should honor him by at least letting the city and the citizens know what great people he and Officer Martha Wander were. Vice Chair Russell: Thankyou. Thankyou for your comments. Mr. Pichel: Thankyou very much. Vice Chair Russell: There is no item on the agenda you would like to speak on? Mr. Pichel: No, thank you. City of Miami Page 7 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Vice Chair Russell: Good morning. Gary Reshefsky: Mr. Chair, my name is Gary Reshefsky, 7401 Southwest 66th Street. 1 am here today on behalf of the Board of Directors of the Miami Children's Museum. We just want to thank this commission very much for your long-time support to the museum. We worked tirelessly to make this museum as accessible to everybody in our community. We believe, I believe that we are actually the best children's museum in the United States and we're proud to be one of the City of Miami's crown jewel -- crown jewels. I hope that you will again support us as we again work hard to continue to make us the greatest museum that we could possibly be. And 1 just want to throw out that we were really excited to reopen finally last weekend. And last week, we made the museum available to all first responders and healthcare workers in our community for no charge. And we'll continue to do those types of things in the future. So again, thank you very much for everything you do Jrous, and we hope you'll consider supporting us in our next capital projects that we need to do to keep the museum as great as it is. Thank you. Vice Chair Russell: Thank you. Good morning. John Murphy: Good morning. My name is John Murphy. I'm a professor at the University of Miami and the reason why I'm here, I'm not here to argue for a particular project, but I'm here to argue about a particular strategy that could be used for dispensing the money for the American Rescue Plan. We've had a project at the University for a year now on the concept of participatog budgeting. Participatory budgeting, as you may know, is a process where local people get together, they assess their neighborhoods, they by to determine what their needs are and then come up with alternative plans and budgets and then submit them to officials. This is going on in many cities. It's going on in Chicago, for instance, in New York. And the results of this is, of course, local people get involved in this budgeting process. The programs that are developed seem to be relevant and sustainable. And of course, the research also shows that the process has a lot to do with developing civic responsibility and local solidarity and so forth. So I guess I'm here to try to see if there's a possibility to have some of this money may be set aside, maybe on a line item or something for this year so that local communities can really have an opportunity to participate fairly to get some of this money at the local level. The project we have has been devoted to training. Right now we're training local people to participate in the budgeting process. And so I've learned a lot from this, and I can see that there's many minority communities, underserved communities that feel that they've been marginalized in this process. I thinkparticipatory budgeting would help remedy that. Thank you. Vice Chair Russell: Thank you for your comments. Good morning. You're recognized sir. She has to clean that lectern, so if you could go ahead, that'd be great. Mr. Kearns, good morning. John Kearns: Yes, good morning. I'in here in opposition to the privatization of the city of Marinas. My name is John Kearns of Kearns Construction. We're currently the contractor rebuilding Dinner Key Marina and a big chunk of Bayside. I'm here to ask you, don't kill the golden goose. Again, please do not kill the golden goose. Currently, the City of Miami marinas have a net income of $7.5 million. In addition, the City has a clear path forward to increase revenues. One, currently the private marinas are charging about double. In addition, the local marinas have a waiting list of 180 boats, Coral Reef Yacht Club and Coconut Grove Sailing Club, they only have 100 slips and they are currently at 100 percent capacity. Privatization, in my opinion, doesn't do any better. Brickell Place Marina was run into the ground and the docks literally fell in the water and the marina was condemned. Palm Bay Club in the city of Miami was literally run in the ground, docks fell in the water, and the marina is condemned. The privatization of the city -owned marinas only lead to raised rent, cut services, and is City of Miami Page 8 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 that, you have to ask yourself is that in the city's hest interest? In my opinion, it's a clear, definite no. The city does have competent, capable people running their marinas. The city just needs to listen to them and implement their ideas and plans. For example, the city of Miami could add fuel to Bayside Miami Marina. One of the marine operators has showed me his books and made a million dollars a year in net profits on the fuel pump at two of his fuel pumps. For me, that is a home run. Vice Chair Russell: Thank you for the comments, Mr. Kearns. Commissioner Diaz de la Portilla had a question for Mr. Kearns. Commissioner Diaz de la Portilla: Hi, Mr. Kearns. Good morning. Mr. Kearns: Yes. Commissioner Diaz de la Portilla: You're the current contractor in the Dinner Key Marina? Mr. Kearns: We are. Commissioner Diaz de la Portilla: Okay. How long have you been working on that job? Mr. Kearns: We have been there for 18 months. Commissioner Diaz de la Portilla: 18 months. That's a result of Hurricane Irma, correct? Mr. Kearns: That is correct. Commissioner Diaz de la Portilla: And Hurricane Irma was in 2017. Mr. Kearns: Correct. Commissioner Diaz de la Portilla: And what blueprint are you using to do this Marina? Mr. Kearns: Pardon me? Commissioner Diaz de la Portilla: You received some FEMA (Federal Emergency Management Agency) money. How much money from FEMA did you receive? Mr. Kearns: It's my general understanding that -- Commissioner Diaz de la Portilla: Well we did, but we gave it to you. Mr. Kearns: -- that the project is, the majority of the funding conies from FEMA, about $16 million FEMA money, I think Anthony can confirm that, about $16 million from private funds, or excuse me, from FEMA money, and about $7 million is from the City money. Commissioner Diaz de la Portilla: And what blueprint are you using for this marina, this refurbishing of this marina, or refixing of this marina? Mr. Kearns: What blueprint? Commissioner Diaz de la Portilla: Yeah. What blueprint? Are you using a brand new design? Or are you -- City of Miami Page 9 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Mr. Kearns: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: -- let me finish the question. Or are you restoring it back to what it was in the 1970s, the same specifications that were used when it was first built? Mr. Kearns: It's a hybrid. Commissioner Diaz de la Portilla: Okay. Mr. Kearns: The RFP (Request for Proposal) is a design -build contract. The base bid of the $16 million is the FEMA money, the hurricane repairs. And then about $7 million of it is enhancements and improvements, and that's City of Miami money. Commissioner Diaz de la Portilla: Right. Mr. Kearns: So it's a combination of the two. We don't have the money to gold plate it to do everything we want, but at the same time we're snaking great improvements to the marina. For example, we increased -- we improved the decking. The prior decking, in my opinion, was a tripping hazard. We made a much thicker, stronger decking. We improved the finger pier design. We used stainless steel fasteners throughout. We improved the pedestals. We're improving the pump -out stations. We're making a lot of improvements, and the City, in my opinion, is getting an excellent value for it. Commissioner Diaz de la Portilla: One final question. Are you making improvements or just repairs? Mr. Kearns: We're doing both. Commissioner Diaz de la Portilla: Tell me what's different. What have you added -- what have you added to the marina that wasn't there before Hurricane Irma? Mr. Kearns: There's a group of items. One is -- the grating is a major improvement. The prior grating was a protruded grating that when exposed to the sun, in my opinion, broke down and deflected. And when the two gratings -- when you're walking on it, one grating would deflect and it became a tripping hazard. We replaced the grating. We used more expensive, stronger grating, and added the structural support to it. That was one item. Two, we used all stainless steel fasteners throughout. Three, we replaced the cleats. Four, we used better, more expensive piles. Five, we raised the piles in the event of a hurricane. The boats don't lift up and land on the piles. Six, we used a more expensive, better electrical pedestals for remote monitoring. I forgot the number, six or seven. We are replacing the non -code compliant sewer pump out station. So the list goes on. So that is what the City basically is paying their $6 million for, the improvements, and $16 million is coming from the FEMA repairs. So it's a hybrid between the two. Commissioner Diaz de la Portilla: And final question. But there are no, in terms of square footage, in terms of slips, number of slips, there are no additions? Mr. Kearns: No, no, no. Commissioner Diaz de la Portilla: It's all different grade and different materials, but there's no -- there's not one single square foot of additional space of restaurants or anything else, right? Or additional slips, docking space or anything. There's nothing additional. City of Miami Page 10 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Mr. Kearns: That is correct. Commissioner Diaz de la Portilla: Thank you. Vice Chair Russell: Thank you, Mr. Kearn. Thanks for your comments. Mr. Kearns: Alright. May I conclude? Vice Chair Russell: The time is up. Have you got much more? Mr. Kearns: Just one conclusion. Just give me one minute conclusion. About three, four years ago, I was the only one who stood here before the County Commission, and most of you were not here at that time, who spoke in opposition -- Commissioner Watson: Of the City. Mr. Kearns: -- to terminating Island Gardens. I was the only one. The City didn't listen to me. They unanimously decided to terminate them. That decision cost the City tens of millions of dollars. If you privatize the marina, I fear the City is going to make a $100 million mistake. Vice Chair Russell: Thank you for your comments. Mr. Kearns: You have the competent people, just listen to them. Vice Chair Russell: Thank you, Mr. Kearns. Mr. Kearns: Alright, thank you. Vice Chair Russell: Good morning, sir. Roger Bernstein: Good morning. I'm Roger Bernstein, Royal Palm Avenue, Coconut Grove. Three of us are here to talk against the proposed 97-ball mooring field in the Marine Stadium basin. I wanted to introduce into the record a letter of April 5, 2021, to the City Manager, with copies to all of you, life safety issues in the Marine Stadium Basin at Virginia Key. I'm going to step back and let the next speaker speak. 1'l1 come back at the end. Thank you. Vice Chair Russell: Good morning. Sunny McLean: Good morning. Can you all hear me clearly, I hope? Vice Chair Russell.• Yes. Ms. McLean: I am one of the cofounders of the Virginia Key Alliance, and as Roger said, we're here to talk about the proposed very large mooring field in the Miami Marine Stadium Basin that is part of the marina and mooring field analysis. Vice Chair Russell: Sunny, your name for the record, please. Ms. McLean: Pm sorry? Vice Chair Russell: Your name for the record. Ms. McLean: I can't. City of Miami Page 11 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Vice Chair Russell: Your name for the record. Ms. McLean: Sunny McLean. So sorry. The Virginia Key Alliance exists to protect the Viginia -- to protect Virginia Key and to support the Virginia Key Master Plan. We also believe in working with the City and developing solutions. So on February 1st, 2018, we responded to a challenge from DREAM (Department of Real Estate & Asset Management) to provide public input and an alternative to the proposed large mooring field in the basin, and we organized a public workshop. On March 8th, 2018, the resolution to proceed with funding JroPhase II, which would have started construction on the mooring field, was withdrawn by the City Commission. A thank you to Commissioner Russell for that withdrawal. And now, here we are again. Our arguments against the 2018 mooring field plan remain the same today as three years ago. It's against the Virginia Key Master Plan. It restricts public access to the basin, the safety hazard, and it has a negative environmental impact. Why is it against the Virginia Key Master Plan? The large mooring field would allow the City to construct a mooring field for 50 to 60 foot vessels directly in the middle of the basin and that would interfere and prevent current activity for Miami youth and adults. In the guiding themes section of the 123 page master plan, it talks about diversity and recreation as one of the themes. The basin is the only safe area where human - powered boats can recreate or train. Large boats should not take precedence. Another guiding theme is waterfront access and use. Waterfront also includes the water. That's part of the whole area. And if a large mooring field is placed in the basin, access would be severely limited or prevented. In the development options section of the guiding themes, it says the proposed program, meaning the Virginia Key Master Plan, should focus on outdoor recreation and access to the waterfront. Mooring fields are not mentioned as development options. In the section called Miami Marine Park Proposal., Page 77 of the Virginia Key Master Plan, the criteria for the Miami Marine Park is to harness the truly unique sense of place of the basin area and create a beautiful and functional public waterfront park. A mooring field will create a parking lot for big boats. The proposal also says that the Marine Park setting will serve as the front door to the rest of Virginia Key, a region of natural and cultural heritage that is to be celebrated, protected, and enjoyed. Enjoyed by the diversity and recreation that I've already mentioned, not just big boats. On Page 79, the plan view of the Miami Marine Park proposal does not include a mooring field. Vice Chair Russell: Thank you, Sunny. The time is up, but I think we get the point. Ms. McLean: I've got more. Vice Chair Russell: It's about the mooring field or, I mean? Ms. McLean: Yes, about the mooring field. Vice Chair Russell: Okay, I think we're good on the mooring field. I'm hoping to mediate something between the motorized and non -motorized interests in the basin, and I was certainly hoping that a limited mooring field might actually create room for a designated rowing lane. I think that's the hopeful ultimate goal. And so if I understand your position, it's currently to oppose the mooring field in its current iteration because there is no allowance at this point for a designated rowing area, is that correct? Ms. McLean: That's correct. I mean, as I said in the start, that we want to work with the City. Vice Chair Russell: Yeah. City of Miami Page 12 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Ms. McLean: We're, just against this huge mooring field which becomes a parking lot, restricts access to the water. We -- we're here. Vice Chair Russell: Thank you. Ms. McLean: We want to make it work. Vice Chair Russell: Thank you. We will take it up in the discussion. Ms. McLean: Thank you all. Vice Chair Russell: Thank you so much Sunny. Paolo Amegliu: Good morning. My name is Paolo Amegliu, Biscayne Park. I have worked in the city of Miami for the past 25 years as a marine industry professional. I've run boat yards and marinas throughout. I'm here today in opposition of the mooring field in its current configuration for environmental reasons and for safety reasons. I won't rehash some of the things that were already mentioned in, you know, in respect to your time. What I will say is the field is too big and I think everybody agrees with that. What I'd like to do is I currently am a coach. I coach non -motorized paddling of all kinds. I'd like to welcome any commissioners and the chairman and vice chairman to come out on the water with me, get a first-hand perspective of what it's like out there. 1 think it will give you some insight to how consumers of the city of Miami can enjoy this facility, this park, that we all take part in. My phone number's in the record, so I'm easy to get a hold of. But come join me. Come see it. Come feel it. See what the size of the space is that we have there. It is quite telling when you have a 110, 000 pound boat coming at a 24-pound boat. And I think that's something that the Commission should feel and take part in. I know I've got 30 seconds left, so 1'll wrap up with that. But take it in consideration. Come join me on the water so you can see the safety hazards and the environmental hazards that we're facing. I think the opportunity for the City to create a park that benefits the masses is there. Thank you. Vice Chair Russell: Thank you for your comments. Just a moment, she's going to disinfect. Commissioner Diaz de la Portilla: Don't forget the microphone. Mr. Bernstein: Good morning again, Roger Bernstein, co-founder, Virginia Key Alliance. We had another tragic death in the basin within the last two weeks. This time it was a hit and run where the casualty, the fatality, was a jet skier. He was apparently hit by a 30 foot boat with 15 people on it. The boat is gone. I don't think anybody's found it yet. I'm a boater. I know that you don't put 15 people on a boat to go fishing. This was a tragedy, the second tragedy, the first one involved a jet skier, as you know, about a year ago who ran into the Marine Stadium piling and was killed. We're here to advocate for safety in the basin. The first part of this is to revive City Ordinance 50-42, which makes the entire Marine stadium a slow speed minimum wake zone, which should control, with enforcement, some of the worst things that are happening out there. And I want to publicly thank the City, speccally Andrew Schimel and Anthony Barcena of DREAM. The first step in getting this done is to get the approval in Tallahassee from the Florida Fish and Wildlife Conservation Commission, of Ordinance 50-42. The City's package was filed this morning. Commissioner Diaz de la Portilla: What's the number? Mr. Bernstein: My name? Commissioner Diaz de la Portilla: No, the number. City of Miami Page 13 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Mr. Bernstein: 50-42. It was enacted in 2014, but the City never got approval of FWC (Fish and Wildlife Conservation) so it sort of languished. Commissioner Diaz de la Portilla: Okay. Mr. Bernstein: The Virginia Key Alliance and the other stakeholders stand ready to work with the City and with DREAM to get this ordinance approved so that we can start with that. There are other things that need to be done to make the basin safe and to be shared with all of the users, and you'll find them in the letter dated April 5. There's a lot that we can do to keep the basin available to make it safe. Commissioner Russell understands this. This is in his District 2, and we've had continuing discussions with him about ways to make this work. So, thank you for getting 50-42 underway and we stand ready to help. Thank you. Vice Chair Russell: Thank you for your comments. I'd like to address the Manager's Office, please, if someone could represent the Manager's Office. Commissioner Diaz de la Portilla: There he is. Vice Chair Russell: Good morning, Art. This resolution was passed in 2014. It was never acted upon. My office was made aware of this over a year ago and I've asked for it to be enacted. None of us were here when it was passed and none of this management was here when it was passed, but now we are aware of it and the resolution stands. We do not need to reiterate that resolution as a body. This administration should be taking every possible step to enact that no -wake one in the basin. My understanding is the information that's being requested of us is a record of incidents and I don't know how many more we need, how many more deaths, how many more injuries, and how many more frightened rowers. So, you know, I don't believe we need a will of this body, but I would like direction of the Manager to continue to carry out the no -wake zone efforts and so we can have signage. Without that signage, our police cannot enforce other than what they find to be reckless behavior. Commissioner, you're recognized. Commissioner Diaz de la Portilla: Can you sort of educate me on what 50-42 did, what that reso -- I wasn't here, what that resolution does -- Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: -- and is the Fish and Wildlife Commission opposed to it? Vice Chair Russell: No. Commissioner Diaz de la Portilla: Okay, so tell me what the -- Vice Chair Russell: We do not have the jurisdiction to -- Commissioner Diaz de la Portilla: I know. Vice Chair Russell: -- enact our own no -wake zone, but this was a resolution of the Commission directing the Manager to take any and all actions -- any and all steps necessary to work with the appropriate bodies to have it enacted. Commissioner Diaz de la Portilla: Back in 2014? Vice Chair Russell: Yes. City of Miami Page 14 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Commissioner Diaz de la Portilla: And seven years later, it never happened. Vice Chair Russell: Correct. Commissioner Diaz de la Portilla: It's coming up now because? Vice Chair Russell: We've had so many injuries and incidents, so many frightened rowers. There's schools that train out there. Just for whatever reason, in the last year, there's been a heightened amount of reckless behavior by boats in the basin. I do not want to make this a non -motorized zone or a -- a -- I think no wake is sufficient. We have a marina in this basin, so it's unreasonable to say that motorized boats shouldn't go there. We're not trying to limit access, but we need it to be safe. This is not a high- speed zone. Commissioner Diaz de la Portilla: Before I was here, if I may, before I was here, I read through the newspapers and on television, I saw a number of incidents, many incidents that have occurred in that seven-year period. My question is why isn't it now an issue and it wasn't a year in the previous six years? Vice Chair Russell: I've been trying to get this done for the last year, year and a half that, and still -- Commissioner Diaz de la Portilla: It's still the first time 1 hear it. It's the first time on this Commission, a year and a half that I've been here that you've ever spoken about this issue. Vice Chair Russell: I'm working directly with the Manager, directly with the FWC, and directly with the constituents in the water. Commissioner Diaz de la Portilla: Okay, I recommend you do it on the dais of your fellow commissioners, because we're the ones that kind of vote on this stuff so that we know if it's your district that's important to you, I think you need to make it public that it's important to you and to your district and to the city. Vice Chair Russell: Fair enough. This is administrative and it should be getting done. I'm glad to bring it up here with you now that the constituents are bringing it to us because it's true, it's not getting done. So, Mr. Manager? Mr. Noriega: It's already in the works, Commissioner. Vice Chair Russell: I know it is. Mr. Noriega: Yeah, so we're pressing FWC to get the final approval so that the signage can be reinstalled. Because there was signage there before it's just -- Vice Chair Russell: So, do we have a timeframe for that? Mr. Noriega: Ninety days, I'm being told. Vice Chair Russell: That would be excellent. Thank you. Commissioner Diaz de la Portilla: Has the City of Miami ever done anything in 90 days? But is it a signage issue or is it a -- Vice Chair Russell: Yes. City of Miami Page 15 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Commissioner Diaz de la Portilla: -- hold on. 1 haven't read the resolution. 1 have my aide bringing it to me so 1 can read it. Is it only a signage issue or is it a restriction on motorized boating in the area? Vice Chair Russell: No, it's -- so, the signage cannot be put in until it's designated officially by the state. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: And we're not looking to do no motorized. We're simply looking to no wake -- Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: -- at this point. And once enacted, which I don't believe there is any resistance to, there is just a process which was never enacted and followed. And now the Administration has been doing this for several months, working with FWC. Commissioner Reyes: Mr. Chair? Vice Chair Russell: Yes. You recognized. Commissioner Reyes: Yes. I mean, you (UNINTELLIGIBLE) the question that I was going to ask. Does the state have the power to recognize that no wake zone or not? Vice Chair Russell: Yes. Commissioner Reyes: Have they agreed with us, or they have recognized that we have the right to place those signs and enforce the no wake? Vice Chair Russell: Not yet. So we're going through the process to get that right. Commissioner Reyes: Okay. If we -- if we enforce the no wake zone, I mean, which I think we should, which I think we should, and I think that boaters are getting more careless. I don't know if it is because there are more people using boats or because they're getting careless, but I know that there's been a lot of incidents. But if we start enforcing this resolution, can the State come and stop us or fine us or just say that we start fining people that violate the no wake zone that have been imposed by us without the authorization from the State? Vice Chair Russell: Thank you. Commissioner Reyes, I've asked that exact same question of the Assistant Chief Morales and we cannot issue tickets -- Commissioner Reyes: Okay. Vice Chair Russell: -- except for reckless behavior. And so it would be a policing issue and there's no resolution that can force our police. Commissioner Reyes: So we can start by -- by just writing a ticket Pr reckless driving. Vice Chair Russell: Yes, and they have done heightened patrols there because there have been so many incidents and complaints. And they are aware of when the rowers are practicing so that they can try to be nearby and on hand in case an incident happens. But it'd be much better if we can get that status from the State so the signs can be up -- City of Miami Page 16 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Commissioner Reyes: That's what 1 want. Vice Chair Russell: -- and then we can have regular enforcement. Commissioner Reyes: And what does it take to get that status from the State? Have we tried before? Or we've been trying? (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Reyes: -- most important thing. Vice Chair Russell: We've been working and our Fish and Wildlife Commissioner is very aware of this and he's also working together with my office and the administration and the police, the Marine Patrol, to do this exactly. Commissioner Reyes: Okay. Ijust want to clarify this for the record. Vice Chair Russell: Thank you. You have another comment? Commissioner Watson: Can I ask a quick question? Mr. Bernstein: Point of clarification. The 2014 ordinance calls for a slow speed minimum wake zone, which is not a no wake zone. But that's the language of the ordinance, that's the language that FWC uses, so that's the language that we have to adopt. Vice Chair Russell: Understood. Mr. Bernstein: Slow speed, minimum wake zone. Commissioner Diaz de la Portilla: I still, if I may, and not a criticism of past commissions, I still remain perplexed, I still remain perplexed why something that happened or was passed in 2014, you just said, Commissioner, Mr. Chairman, that you have been working on this for six months. So what happened in those seven years? I know it hasn't been incidents because incidents were happening in 2015 and 2016. I read about it, deaths and everything else, right? So, I've been reading about this for years. What's the sudden interest or, you know, what kindled this now? Mr. Bernstein: The sudden interest came from law enforcement. It came from the Miami Marine Patrol, which has seven sworn officers. It came from the FWC, Miami - Dade region, Captain Mazza. Commissioner Diaz de la Portilla: All in the last six months? All in the last six months? Mr. Bernstein: In the last couple of years. Commissioner Diaz de la Portilla: Okay. Mr. Bernstein: The stakeholders who were using the basin were becoming increasingly concerned about the danger out there, the high-speed vessels, the personal watercraft, the threats. A boater pulled a pistol on Cesar Herrera (phonetic), who's the coach of the rowing club, because he told him to slow down. We went to Marine Patrol, we went to FWC, and they said, look, we cannot do anything, as Commissioner Russell said, unless we find someone drunk, behaving dangerously, or something like that. We cannot issue them a citation for speeding in the basin. The Miami ordinance passed in 2014 was never effectively passed because some -- for City of Miami Page 17 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 some reason nobody got FWC approval for it. So there's nothing wrong with the ordinance, it just couldn't be enforced. Commissioner Diaz de la Portilla: No, it could be enforced, it just wasn't. Mr. Bernstein: Pardon? Commissioner Diaz de la Portilla: It could have been enforced, it just wasn't. Mr. Bernstein: No, no, no. Commissioner Diaz de la Portilla: There was no follow-up. It was passed in 2014 and you have to go to the FWC and nothing happened in seven years. I see a problem there, right? Mr. Bernstein: They couldn't write tickets because -- Commissioner Diaz de la Portilla: But why didn't you guys go to the FWC back then? Mr. Bernstein: I don't know. Commissioner Diaz de la Portilla: Okay, well. Mr. Bernstein: We found out, I mean, they went through the motions. They put up floating signs saying slow speed, minimum wake, and everything else. They wrote tickets and then the tickets were thrown out because somebody realized FWC hadn't approved. So maybe a couple of years ago we started talking to law enforcement. Law enforcement said, look, we're happy to come out there but we need the authority to write tickets. And DREAM has jumped on it. They've gone through the process with FWC. We work very closely with FWC on other items, so we'll help with DREAM, and this could be done in 120 days. There are other permits involved, putting signs in the water, you have to get -- Commissioner Diaz de la Portilla: Did he just add another 30 days to the 90 days or - - I think the Manager said 90 days. Mr. Bernstein: DEP (Department of Environmental Protection) has to give a permit, the Army Corps of Engineers has to give a permit, so that you can properly mark this thing. Once it's all done and gets enforced, there are other things we need to do for safety. And as I said earlier, and Sunny said earlier, putting a 97-ball mooring field in there is going to crowd all the existing activities into even less space and make it more dangerous, whether or not there's' a no wake zone. Vice Chair Russell. • So -- Commissioner Watson: Well, let me just ask this question, because I'm about as perplexed as you are. You say it was passed, but it was not effectively passed. What does that mean? Vice Chair Russell: Let me clarify, please, because this isn't for our residents to solve for us. This is for us to solve. Commissioner Watson: Well, but that's what I'm having. Vice Chair Russell: And this is the frustration I'm having and Ill answer your question. City of Miami Page 18 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Commissioner Watson: Well, but that's why, 1 guess, I'm asking, because 1 don't understand. Look, there's a cost to enforcement. Commissioner Diaz de la Portilla: Of course. Commissioner Watson: One. And I guess finally, because my water experience is in the bathroom, not out there, so I finally understood what was the FWC, the Florida Wildlife Commission. Vice Chair Russell: Fish and Wildlife Commission. Commissioner Watson: Okay, good. Right. So, we have to figure out how he not have meetings with the staff but figure out how to make what we pass effective. Commissioner Reyes: That's right. Commissioner Watson: I can tell you, I'm working on something on land, he's working on sea. I can tell you we have a whole lot more people that come here now that are not really interested in being policed or abiding by the rules, and so consequently, it's not really a breakdown on us. It doesn't appear. It seems like there's a breakdown because we cannot have an incentive for them not to act like crazy people, because they do. You should not be pulling a gun on somebody who says slow down, right? And so we are trying to understand what makes the difference in that, because if there is a rule, it should be followed. If there is a piece of legislation in 14, it doesn't seem like it is an issue, it seems like there is a safety issue to bring it forth, and all of us are about safety, period. So we need to be able to understand so we can help now the situation. Vice Chair Russell: Thank you. So I'd like to address this, and I'll recognize you in just a second Commissioner. Mr. Bernstein: One more response to Commissioner De la Portilla [sic]. Part of the reason this has gotten worse is COVID. People are looking for activities that are outside that are safe. The sales of personal watercraft, jet skis, are up 86 percent year over year. And we're dealing with people who are inexperienced. We have another problem, which is there are illegal rentals of jet skis happening all over the city. A boat pulls out dragging four jet skis behind it. They come into the basin. Thev rent them out to people who have no experience, they get no instruction, and they get on something that can do 50-60 miles an hour and they run into the basin. Thank God they haven't run into any athletes yet. The Coast Guard is working on this, I know. This really falls within their jurisdiction, but we've got to make it safer out there. Vice Chair Russell: We have jurisdiction on that issue, and it's taken a long time to figure out exactly which law we can enforce to shut down the illegal jet ski rentals. Now I don't bring everything to commission that I'm dealing with in my district. I'm sure all of us have things that we're going to solve. Commissioner Diaz de la Portilla: This is not your district, Commissioner. This is not your district. Vice Chair Russell: I'm sorry, it's very clearly in my, district. Commissioner Diaz de la Portilla: No, no, no. This is the city of Miami. If somebody dies there, it impacts all of us. It's not a district issue. It's a city issue. Vice Chair Russell: I'm sorry, the illegal jet ski rentals are operating out of my district, and so I'm working with the Police Chief and the City Manager to address City of Miami Page 19 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 that. We don't always bring everything to commission we're working on with the administration if they're solving it. If they're not able to solve it, I may need to bring it to commission to get the will of this body to move forward. But in this particular case, it's about solving these puzzles that aren't getting solved, whether it's by the police or the administration. And in the case of -- in the case of the no -wake zone, there was an assumption that that no -wake zone or that slow -speed zone had been implemented. So there was simply, back in November I believe it was, a request to the police to start enforcing it, to which point the rabbit hole began and we started learning that the 2014 resolution was never enacted. Well, it was enacted as a resolution, it was never followed through on by the administration. So Commissioner Watson's statement is the real crux of this issue that we have over and over again at this commission. We pass a resolution, and it disappears. We need things to be followed through on by the Administration. We need our issues. We can't continue to hammer and follow up and follow. We expect once a resolution is passed, that is the directive to the Administration. And so in this particular case, it was a previous administration, but once we realized it had fallen through the cracks of their bureaucracy, we lit that fire again. And they are in the process now. And I reached out to Rodney Barret() (phonetic). Even our state representative was helping on this effort, Nick Duran (phonetic), so that we have all the channels open to get this done. The will is there. It's going through the process now. It should be faster, but I know our administration is working on it now, and they're going to come through. On the illegal jet ski rentals, the final law, and I'm working with Assistant Chief Morales, it was difficult to find a law that we can enforce. They were originally trying to go after the BTR, the business tax receipt, of each one of these operators, and it wasn't working out. There's so many different jurisdictions out on the water. We finally found a State statute with regard to delivery, with regard to rental, and they must have all these requirements that many, many of them don't have. And so that's been the effective method, and many, many, hundreds of arrests have been made since the beginning of the year, but this problem is so prevalent and it's so dangerous. So we are on it. But thank you for bringing this information. Mr. Bernstein: Don't lose sight of the good news here, which is this is an example of positive collaboration between the City, the Administration, law enforcement, and private citizens who are working with the City to achieve the result of a safer basin that everybody can use. And we appreciate that. Vice Chair Russell: Thank you. Mr. Bernstein: Thank you. Vice Chair Russell: Commissioner, Commissioner Diaz de La Portilla. Commissioner Diaz de la Portilla: And not to beat a dead horse, but I'll just do it little bit more for a few minutes. I don't see this as a great example of collaboration. To be honest with you, I see it as a colossal failure that we passed something in 2014 and it's now 2021 and we're talking about back in November of 2020 is when we started talking about this. You're right, there are people that come here and break the rules. We're getting an influx of new people moving to our city, into our county. But if'thev don't know what the rules are, if we don't have any signage, how can they follow rules if they don't know what they are, right? So to me, to now, you know, pat anyone -- first of all, the waterfront, the City of Miami's water belongs to all Miamians. It doesn't belong to any particular district. It impacts everybody. People come from all over the city, all over the county, frankly, to go to visit our waterways and recreate there. So it impacts everyone. People that have been killed have come up from outside your district, Commissioner Russell, so -- and have been hurt along the way. So it impacts all of us, which means that we all should have a voice. And if you were the commissioner for that district and are leading this effort, and you knew back in 2014 City of Miami Page 20 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 that you led this effort to pass this and you spent seven years waiting until 2021 to tell us, I don't buy the argument that you talked to the City Manager about it. You've got to talk to us about it. We all have a stake in this. It's an important issue. You could have talked to me when I got here. You could have talked to your colleagues before they got here. All of a sudden it becomes an issue. I know what's been happening there for a while before I was even elected. So look, from now on, what I would do if I were you, you do what you want in your own commission, but I would share your thoughts and your concerns about our waterways with the rest of this commission. That's all. Vice Chair Russell: Thank you for your concern. Commissioner Diaz de la Portilla: Yeah, well I'm very concerned. Vice Chair Russell: Well, if you were more involved in this district, you would know what's going on. Commissioner Diaz de la Portilla: If I were more involved in this district, this wouldn't be happening. It would have happened back in 2014. Vice Chair Russell: But that's the point. Commissioner Diaz de la Portilla: In 2014 it would have happened. Vice Chair Russell: We are single member district elected officials. Commissioner Diaz de la Portilla: The waterways don't belong to any commissioner. Vice Chair Russell: It's not about belonging, Commissioner -- Commissioner Diaz de la Portilla: There's not a fiefdom. If something has happened - Vice Chair Russell: You're trying to create a situation of blame that doesn't exist. Commissioner Diaz de la Portilla: I'm not. I'm making a point that I don't agree with you, which is what we do up here in the dais, right? We don't necessarily have to agree with each other. I take exception to you taking ownership of our waterways. Vice Chair Russell: I never took ownership of the waterways. Commissioner Diaz de la Portilla: I take exception to you saying that it's your district. It's not. It's the city of Miami. It impacts all of us. The same way when we have issues like a soccer stadium, it's in my district, but everybody here has a right and a voice in this issue. Issues that are of citywide impact, it goes beyond member districts. And that's all. You know, whether it's a, you know, a soccer stadium, whether it's laws on the waterways, we all have to have a conversation about this. Because we have to have -- we have a motorized sports -- a motorized boating world out there we have to deal with. We also have safety issues we have to deal with. So I would appreciate that on issues of citywide impact that we all have a conversation across the board, even if it happens to be in your district. It is true, 90 percent, 95 percent of the water is in your district. Or the district you represent. Vice Chair Russell: Commissioner. You're misunderstanding my statement -- Commissioner Watson: Mr. Chair. City of Miami Page 21 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Vice Chair Russell: -- and 1 would like to clarify. Commissioner Diaz de la Portilla: That's all. That's all. Vice Chair Russell: Just a moment. I would like to respond. You are misunderstanding my statement. I do not own the district. It is not only mine. It happens to be the district which I serve. I attend the HOA (Homeowners Association) meetings there and the stakeholder meetings at which this has been brought up many times. This has been in the paper many times. I'm working with the Administration on an issue that happens to be in the district that 1 serve. 1 do not need to bring that to this commission. There is no need. If you see it in the paper and you'd like to address some issue happening citywide, you're very welcome. It's perfectly acceptable for us to have this discussion up here, but to say 1 should have brought this to you earlier is absolutely incorrect. So we are working on this -- Commissioner Watson: Mr. Chair. Vice Chair Russell: -- and have been since November and so it is in process. Commissioner Watson you 're recognized. Commissioner Watson: Mr. Chair, let me just say it. I think we -- discussing at cross purposes. 1 think the bigger issue is we all in some respect get touched by the water. It is one of our greatest assets. Clearly, I don't view it from the perspective of ownership between -- amongst either one of us, but clearly there is a specific issue as it relates to what has been happening there. I think for you, for the Commissioner, and for the statement, 1 don't view it as a positive collaboration. 1 think the Commission and staff collaborates all the time from a positive perspective. However, none of us were here. That should be noted to everyone involved, because all they do is they see us now argue about something that seems to not be important. It is important, because if somebody gets killed out there, I get questioned, just like you get questioned, just like the Commissioner gets questioned, and we don't have anything on the water. And so at the end of the day, I know very well what you were doing as it relates to the specific nature of that issue. I am bringing something forward because of the alternative vehicles that are rented illegally. And we don't have the ability -- the issue -- state -- we don't have the ability to give people a disincentive not to follow our law. And, you know, police running around trying to do everything. We need to help them and make sure that they have the ability, cost -wise, to enforce the things we've passed. None of us were here, no question about it. But it's an issue. I bet you if some young kid now has some misfortune out on that water, I will get lambasted just like you. And I think that is what the Commissioner is saying. And also, from that perspective, our enforcers, feel free, please, to come to us and ask for what you need for enforcement, be it unsafe structures, be it water boats mooring, be it $20 beers, whatever it is. We need to enforce what we do. And if you need help to do that, Mr. Manager, please come forward because there are more new people coming here. And we are laissez- faire in one sense, but we need to give ourselves the ability to keep people safe in the other sense, which means next time with the State, we need to figure out how now we do more, because this is not about getting dollars, but making sure that we can go far and above. Because they don't treat us like they treat anybody else, and people come to our water to enjoy it. But people also come to our water sometimes to abuse us in our process, and I think that is what the Commissioner is saying. We should know. So, it is not a (UNINTELLIGIBLE) issue. It is a safety issue. And sometimes the construct of the people now lean differently. We are going to lean on the side of safety for our residents in all instances. And the people should know that, and the staff should know they have the ability to do and come forth with what they need in order to make sure they have the resources to do what is necessary. Vice Chair Russell: Thank you. Noted. Next public speaker, please. City of Miami Page 22 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 David Filler: Good morning, Commission. My name is David Filler. I'm a resident of the city of Miami, where I've been a resident for almost 20 years. It's my favorite city in the country, and that's why I live here. I'm also an executive of Suntex Marinas. And I speak -- Commissioner Watson: But you also have to put your mask on. Mr. Filler: Pardon me? Commissioner Watson: Yeah, there you go. Mr. Filler: Sorry. I'm also an executive of Suntex Marinas, which we currently control the lease of the marina at Bayshore Landing, right down here where the Monty's is. We also control the lease at the City of Miami Beach, and we're in favor of privatization of marinas. I speak to you on that and because at the end of the day, there's no place on the planet where I'd love to see a world -class marina, right here in my own backyard. We currently own and operate 32 marinas, but there is no place clearer and dearer to my heart than the city of Marinas -- than the city of Miami. And while the City of Miami has all of the best intentions of trying to do what it can for its constituents and deliver a better marina for its constituents, cities in general, municipalities in general, are hamstrung in their processes and their procedures and the capital necessary to deliver the types of marinas that are best served for the public at large. This, the Dinner Key, by way of example, 1 think Mr. Kearn spoke about it earlier, who's currently the contractor, embarked to repair two marinas damaged by Hurricane Irma. One over there at Bayshore Landing in front of the Monty's and this other one here at Dinner Key. Mr. Kearns completed the construction for the one in front of the Monty's in 2019. The current marina at Dinner Key is still undergoing renovation and is two and a half years later that it's still not built. The city has lost out on the revenues from that particular facility. Without the necessary capital, the support, the incentives, public and/or -- public municipalities are just not equipped to do what's necessary. By allowing private enterprise to come in and work, whether it's in the form of a P3, an RFP, or whatever means necessary, the City can make more money than it does today and eliminate all the risk of a hurricane that's about to come one year away. The amount of infrastructure and support that we have in hurricane preparedness dwarfs what any city can offer. This important aspect of health, life, and safety is -- goes across our entire portfolio. It's so important to be able to deal with this type of issue because it's always one possible year away. And what happens when there's a devastation? The City loses years and years of revenue, as it has in Dinner Key. The Miami Yacht Club is another example of a facility that's in massive disrepair. Many of the City assets are in massive disrepair and need substantial capital to do it. Mr. Kearns even pointed out right before the meeting that when repairing Dinner Key facility, because of constraints on funding, they weren't able to rebuild the entire marina in the same footprint that it was built 80 years ago. Imagine if a hurricane came and knocked down a building and you built the same building with the same small windows, the same small bathrooms, and the same small footprint as was designed 40 years ago. Would that be a valuable asset? No. But that's exactly what's happening at Dinner Key Marina. The building at the Dinner Key Marina is also needing substantial repairs. It's -- there's so much more that can be done with the City's assets. So when you look at a world -class facility, Miami's marinas are on that front cover. As long as the City continues to control those assets, that will never happen. Vice Chair Russell: Thank you for your comments. Next public speaker, please. You've already addressed Mr. Kearns. We're going to hold it for the discussion. No, we're not doing a back and.fbrth. I apologize. Actually, if you could also take the demonstrative that you had at the front of the lectern. Thanks, John. Are there any City of Miami Page 23 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 other public speakers for either item on our agenda? Anyone else like to speak? I do - -1 did receive an email from someone who asked for it to be read. They couldn't be here today. It was a representative from Local 355 UNITE HERE!, Mr. Mike Hill, with regard to the American Rescue Plan item on the special meeting agenda. The City of Miami's hospitality and tourism workforce was the hardest hit industry by COVID-19 pandemic. Thousands offamilies remain laid off as their employees closed their doors over the last year. For the industry to build back, there needs to be investment in convention and group business, which will be the last to recover, and health literacy for hospitality workforce. As the City Commission discusses how to best utilize the Rescue Plan money, we suggest investing in these two areas. One, invest in the redevelopment of the Knight Center and Hyatt Regency. Two, allocate resources to hospitality employees' advancement and training, the HEAT program, or health literacy and job training programs. It goes further into each of those items, and I'll just put this into the record for the Clerk and appreciate UNITE HERE! for their advocacy. Are there any other comments, public comments for either item on the agenda? Seeing none, I'll close public comment now and open up discussion on SP. I, allocation of funds from the American Rescue Plan. SP - DISCUSSION ITEMS SP.1 DISCUSSION ITEM 8798 Commissioners and Mayor A DISCUSSION REGARDING ACCEPTING AND ALLOCATING FUNDS BEING RECEIVED FROM THE AMERICAN RESCUE PLAN ACT AND TAKE ANY AND ALL ACTIONS WITH RESPECT THERETO. RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item Number SP.1, please see "Public Comments for all Item(s)." Vice Chair Russell: Commissioner Watson, you had kicked us off in discussion with that. Would you like to start? Commissioner Watson: Yeah, I guess I just wanted to, and I don't know if that's all right with the Manager, I just wanted to say that, you know, I think everybody is affected by those three priorities, housing, the resiliency, our coastal strategy, and infrastructure. We all are served for in -- whatever monies we get, we're all served for the purpose of dollars from that perspective. What is going to happen after the rules is when we probably should now been discussed how that breaks down. But for now, it -- it seems to me that it benefits us for them to know that, what those three things are, agree that that is probably our top three, and then from there have them deal with the rules. When the rules come down, then we can talk about whatever strategy as it relates to the districts, because they know that, we know what we want in our districts. But clearly having a bead on those three items is going to serve us well. Vice Chair Russell: Thank you. I'm in agreement. Are there other comments, discussion on the American Rescue Plan. This is a windfall for us. This is not going to affect our bottom line, our tax base, our general fund. I understand the White House is encouraging large transformational projects for municipalities. There's also a lot of holes and gaps we may need to fill. There's a lot of services we can help provide. A lot of people we can help and a lot of big jobs, big project jobs we can create. So, if there are, I mean there are questions I have and I pose this to the management, and we haven't heard this guidance yet. For example, can we use the funds to purchase land? City of Miami Page 24 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 It doesn't say yes, it doesn't say no. And so we're waiting for that guidance, and it may, not even be clear after it comes out. But that's something with $140 million we might want to be able to consider if it achieves affordable housing, if it achieves services. We're going to get a lot of ideas over the next coming months, but I want to enact these funds as quickly as possible once it happens. So I don't know if we need to reschedule a special meeting, or we want to just wait until the guidance comes out from the White House or the Treasury. Commissioner Carollo: Wait until it comes out. Commissioner Reyes: 1 agree with Commissioner Carollo and Commissioner Watson that we should wait until we get -- 1 mean, we get all the instructions, all the information necessary in order to make a smart decision. Vice Chair Russell: Got it. Commissioner Reyes: An educated decision. Commissioner Watson: What -- what -- I'm sorry, Mr. Chairman. Vice Chair Russell: You're recognized. Commissioner Reyes: No, just wait -- I mean, not scheduling a special meeting until we have the information that we are -- we need in order to take action. Commissioner Watson: So our purpose today was only to discuss, or was it to? Vice Chair Russell: I - well, I was hoping that a plan would already be together that would have been circulated amongst us and we could get our individual briefings so that when we come here and have a discussion, perhaps even take action. But we are clearly not anywhere near that yet. Commissioner Watson: Well, I thought it was -- so we have already prioritized our issues. Is that correct? Do you understand what our priorities are? So we have already prioritized the issues. Commissioner Reyes: Correct. Commissioner Watson: So you are absolutely correct. So until they come out with regulations, they can't do anything with us, I suggest we now schedule that. Once the regulations come out, some say May 10th, they don't do anything on the right time schedule either. Once they come out, then we can now go into whatever the strategy is as the money comes down. Commissioner Reyes: Yes. Vice Chair Russell: I'd like to see options and possibilities on everything that the plan allows us to do. lilt's talking about the hospitality and tourism industry and finding a way to inject and boost that, please bring us options. We can then decide from a policy perspective if you'd like to spend that or if you'd like to, you know, pull the funds together to do something bigger and more impactful, but fewer things. So. I look forward to the further discussion. We will not schedule at this point unless there's another will of this Commission, but we'll wait to see the guidance to come out, hopefully get individual briefings and then we'll schedule another special meeting with regard or put an agenda item on a regular meeting, either one. So that'll be the end of SP.1, unless there's any further discussion. City of Miami Page 25 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 SP.2 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. RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item Number SP.2, please see "Public Comments for allltem(s)." Vice Chair Russell: SP.2, discussion on city -owned marinas. Does the administration have a presentation? You are recognized Mr. Barcena. Anthony Barcena (Assistant Director, Department of Real Estate and Asset Management): Mr. Chair, Commissioners, the Manager, how you doing? Anthony Barcena, Department of Real Estate and Asset Management, Assistant Director. Sorry. Let me see if I can get this presentation. Perfect. So our department, basically we did an exercise and kind of developed a presentation for you all. So this is exactly what we're going to be doing. It's a City marinas and mooring field analysis. So on this slide, it's just basically straightforward. We're showing the 2019 net operating income, which is $6.15 million. And the projected net operating income, NOI, which if we, based on revenues projected at proposed rates, proposed expansion, proposed capital improvements are implemented, and this is also with 95 percent occupancy, which 1'll be discussing later on in this slide, but the potential for that is $19.18 million. This is basically an action plan, straightforward, but I'll just go to the next slide. So this is the dockage rates. Right now we just have our current dockage rates, and we also have our proposed dockage rates. So we did an analysis when it comes to Palm Beach, Broward County, Miami -Dade County, Monroe County, and we looked at all municipality -- municipal -ran marinas and also privately -owned marinas, and we felt that this was actually too market price for the proposed rates for the City of Miami. On the far, where you see the marina, it's actually going to be designated per marina. So it's going to be pertinent to that specific per marina. So if you don't have any questions on this slide. Vice Chair Russell: Just a moment. Mr. Barcena: Yes, sir. Vice Chair Russell: You're recognized. Commissioner Diaz de la Portilla: Quickly. This is a -- you compared it to what happens in Palm Beach, Broward, and Monroe. This is on par with what happens there in terms of linear footage and all that. Mr. Barcena: Market rate, yes sir. Commissioner Diaz de la Portilla: Market rate. Mr. Barcena: Yes sir. Vice Chair Russell: Now, a couple of years ago, I want to say, Commissioner Carollo led an effort to increase rates at marinas. The current numbers you're showing on the left column, do those reflect the already increased rates from that time? City of Miami Page 26 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Mr. Barcena: This is the current rates as of February 2019. Vice Chair Russell: Of 2019? Mr. Barcena: 2019, yes, sir. Vice Chair Russell: Because there was a certain set of increases that were expected over time. I want to know if those were implemented before this number, if the number we're seeing includes that increase that the Commissioner had initiated. Mr. Barcena: No, sir. Vice Chair Russell: So these are the rates that have been the same four years back? Mr. Barcena: Since February 2019. Vice Chair Russell: 2019? Mr. Barcena: 2019, yes. February 2019. This is the current rates as is the same as February 2019. Commissioner Reyes: Mr. Chair. Vice Chair Russell: Just a second. So, because the one 1 was concerned most about was both the liveaboards and the small business commercial. Mr. Barcena: Okay. Vice Chair Russell: And we had talked about this at that time, about if the rates were to go up, to see if we can do a graduated increase on them, maybe not at the same exact amount as some of these liveaboards could end up being put out. And they've been living at the marina as their home for quite some time. It's a neighborhood out there. Mr. Barcena: Yes, sir. Vice Chair Russell: So I was trying to find it. We had some community meetings about this back then. So I see the liveaboard rate going from 24 per linear foot up to 39. And that's a pretty significant increase. So I just want to make sure we've studied the impact of that on the residents who live here. If you could imagine if this was a landlord, you know, putting your rent up from one day to the next over that amount of time, what it might do to displacement of those folks. Not all of these people are wealthy yacht owners. Some people are just a local photographer who lives on his boat in his marina and pays us rent. They're people that run a small business or they're retirees. So some of them have fixed income and this is their home. Mr. Barcena: Absolutely. Vice Chair Russell: So I just want us to respect that and make sure that there's well enough notice and community involvement as we look at these rates. I want to get the best for the city, but I do -- I look at these as residents, as constituents. Mr. Barcena: Yes, sir. Vice Chair Russell: And we're their landlord. So I'm -- that particular one jumps out at me as a concern because it does go up significantly and even more so than the City of Miami Page 27 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 others that only go up to 31, 29 or 30. The liveaboard rate goes up to 39 per foot, which is pretty heavy. Mr. Barcena: Understood. And this is a living document. This can be changed, and you know, it's not nearly confirmed. So this is just a suggestion from our side. Commissioner Carollo: Chair? Vice Chair Russell: Yes, sir. Commissioner Carollo: A follow-up to your question. Can I ask Mr. Barcena to clarify something. Vice Chair Russell: You are recognized. Commissioner Carollo: Mr. Barcena, to the best of your recollection, when did the new rates that we and the Commission had asked for, when did they come into effect? Mr. Barcena: I can't really understand you, but if I -- but February, 2019 was the -- the last time we did a rate change and it was implemented in the city. Commissioner Carollo: Okay, so that's the rate, as you stated previously, I believe, that we have today. The one ofFebruary 19 that you begun with. Mr. Barcena: Yes, this is the same. Commissioner Carollo: Alright. Commissioner Reyes: Mr. Chair? Vice Chair Russell: You're recognized, Commissioner Reyes. Commissioner Reyes: Yes, I do agree with you with the liveaboards, because to me they are residents also. And I think that's a little steep, because if you have, let's say, $15 per foot, and, I mean, a month, and that increase, you know, of $15, you see, it is -- it's quite steep even if you have a 30-footer, you see. I mean, it's going to increase tremendously, about 450. But what I want to know is, going back to Commissioner Carollo's question, this current is the one that took effect on February, right? Mr. Barcena: February 2019. Commissioner Reyes: That's right. Mr. Barcena: Yes, sir. Commissioner Reyes: It is already in place. Mr. Barcena: And it's still being charged today, yes. Commissioner Reyes: Okay. And the proposed that you are now -- that you have on the next to it and then the other column, are they compatible to any other marinas in the area or in -- Mr. Barcena: Yes, it's -- Commissioner Reyes: -- on other cities like Fort Lauderdale, Miami, Miami Beach, I mean. City of Miami Page 28 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Mr. Barcena: Yes, sir, it's at market, you know, if you compare. Commissioner Reyes: This is the exact market rate? Mr. Barcena: It's exact or close to market rate. It's pertaining because there's some municipalities do not have mooring fields. Some don't have liveaboards. Commissioner Reyes: Is that the same rate that private marinas are charging or that is lower than what they're -- Mr. Barcena: When you look at -- when you look at all the comparison to all those counties and municipalities and, you know, the private, it's average, about average. Commissioner Reyes: About average. So a private marina will be charging this, and they can even increase it more, right? Mr. Barcena: They could increase, yes, sir. Commissioner Reyes: Okay. Okay, but you have any comparisons between private marinas and public marinas? Mr. Barcena: Pm sorry, what was the question again? Commissioner Reyes: Did you do a comparison between private and public marinas? Mr. Barcena: Have I done a comparison? I do not have a comparison. Right here, this presentation is just basically -- Commissioner Reyes: Okay. Mr. Barcena: Okay. Commissioner Reyes: Okay. Mr. Barcena: It's just basically numbers just for informational use and a tool for the Commissioners. Okay. Commissioner Diaz de la Portilla: Well, first of all, it begs the question, can you do a comparison for another meeting that you can come to us and tell us what the differences are between private and public, right? Mr. Barcena: We can do a comparison. Commissioner Diaz de la Portilla: Okay, and then the question on utilities for the liveaboards. Any other -- you compared it to Palm Beach, Broward and Monroe. In terms of utilities, you're asking 15 a month, 25 a month, do any marinas -- do all marinas or the most marinas in these other counties charge for all these things? Mr. Barcena: So when it comes to liveaboard -- Commissioner Diaz de la Portilla: Yes. Mr. Barcena: -- we're actually a little bit quite unique. Commissioner Diaz de la Portilla: Okay. City of Miami Page 29 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Mr. Barcena: A lot of the marinas do not have liveaboard customers. Commissioner Diaz de la Portilla: Okay. So the ones that do, do they charge for utilities? Mr. Barcena: They do charge for utilities. The majority of them do, yes, sir. Commissioner Diaz de la Portilla: We're the only ones. Mr. Barcena: Right now, we do not. It's actually into the price. It's built into the $24 a foot. Commissioner Diaz de la Portilla: It's built into the $24 a foot. Mr. Barcena: Yes, sir. Commissioner Diaz de la Portilla: And that's one of the reasons why you want to increase it to $39 more than you're increasing the other ones, right? Mr. Barcena: Indeed, yes, sir. Commissioner Diaz de la Portilla: How many liveaboards do we have? Mr. Barcena: Right now we have about 40. Commissioner Diaz de la Portilla: 40. How many total do we have? Mr. Barcena: Liveaboards? 40 liveaboards. Commissioner Diaz de la Portilla: No, total. Mr. Barcena: Total? 40 liveaboards. We don't have any liveaboards. It's only, (UNINTELLIGIBLE) -- Commissioner Diaz de la Portilla: No, I'm talking about total slips and total boats and -- Mr. Barcena: Total, total. Commissioner Diaz de la Portilla: Total, total, total. total. Big total. Mr. Barcena: So we have this in the next slide, but we have 565 and -- Commissioner Diaz de la Portilla: 500 and what? Mr. Barcena: 565. It will come in the next slide, but 565 slips -- Commissioner Diaz de la Portilla: 565 and then 40, only 40 are liveaboard. Mr. Barcena: 40 are liveaboard, designated, yes, according to the MOP (Marine Operating Permit). Commissioner Diaz de la Portilla: Okay, I'll finish -- I'll maybe have more questions, but let me see your presentation. Mr. Barcena: Yeah, I'll get into it. Yes, sir. City of Miami Page 30 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Commissioner Diaz de la Portilla: Okay, thank you sir. Mr. Barcena: Okay. Are we good? Okay. So, these are the marinas that we're actually going to be considering here and going over, doing an analysis. First, we'll just be going by Bayside, which is Miami Marina. Second, we're going to be looking at Coconut Grove area, which would be Dinner Key Marina and mooring field. And also the Coconut Grove Sailing Club, which is privately operated, City -owned. Virginia Key Marine Stadium Marina, and also Rickenbacker Marina, privately owned. And Watson Island, Miami Yacht Club, privately owned. And Watson Island mooring field, which is currently in process. Commissioner Diaz de la Portilla: Operating. Mr. Barcena: First, Miami Marina, the current status is City operated. We currently have 156 wet slips in our MOP and 53 are designated commercial. Our fiscal year 2019 net revenue was $1.2 million. Our current projects right now is Pier 5. We're doing a restoration on Pier 5, which the majority of the commercial customers are located. And then our projected NOI based on the proposed rates on that previous slide would be $2.19 million in a stabilized year two. Commissioner Diaz de la Portilla: I'm sorry to interrupt. I just want clarification. So these are 2019. You do not have COVID 2020 numbers? Mr. Barcena: 2020 numbers, I just felt that 2020 we were affected heavily at Bayside by COVID. We -- because the commercial customers, we also get ticket surcharge from the commercial customers. And that can go anywhere from 600 to 750,000 that we take in revenue from ticket surcharge. And we didn't get any of that last year because of that. Commissioner Diaz de la Portilla: Why not? Mr. Barcena: Because of COVID, they closed down the -- did not let the operators operate, the commercial operators. So we did not get, for about three months, we did not collect ticket surcharge. Commissioner Diaz de la Portilla: Okay, so follow up to that. So in 2020, what was the net revenue? Mr. Barcena: The marina revenue in 2020, I can get that fOr you. Commissioner Diaz de la Portilla: Okay, well, it's important, right? Mr. Barcena: But I mean, don't quote me on that, but we were close to a million dollars. Commissioner Diaz de la Portilla: Close to a million. Mr. Barcena: Yes, sir. Commissioner Diaz de la Portilla: So you went down about $262,000, something like that. Mr. Barcena: Mh-mm. Commissioner Diaz de la Portilla: But somebody earlier testified that personal watercraft sales had increased 83 percent. People were actually going out on the City of Miami Page 31 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 water more. People were participating more. Did we force our commercial people to close down? Is that what it was? Mr. Barcena: It was a County order. It was enacted by the County. Commissioner Diaz de la Portilla: A County order. Okay. I just want to get clarification. You're going to go through all of them, right? So we want to make sure where the pitfalls are along the way. Mr. Barcena: Absolutely. Yes, sir. Okay, next slide. This is Dinner Key Marina and mooring. Current status is City operated and the mooring field is also City operated. We have 587 wet slips, 45 are designated commercial. We have 250 mooring balls. Our fiscal year 2019 net revenue was $1.8 million and our current approved projects, which is the restoration project, of course, of all piers, we have gates, electrical improvements, Wi-Fi, water improvements, and pump -out. We also have a fuel dock that is well underway and a ship store that will be opening later on this year when the conclusion of Pier 3. Our projected NOI after, based on proposed rates and after the completion of the above project, would be $7.45 million. Commissioner Reyes: Sir. Vice Chair Russell: You're recognized. Commissioner Reyes: Chair, through the Chair, this tremendous jump in revenue, it is based on your projection of fuel sales, right? Mr. Barcena: Yes, so right now we're actually currently operating almost like 50 percent because we're not -- we didn't have like three and a half, almost four piers operating. But this is after the restoration. This will be if all 587 were operational. That's where you see a huge jump and plus with the proposals. Commissioner Reyes: Plus the fuel? Mr. Barcena: The rate increase as well. Commissioner Reyes: The rate increases and fuel sales, right? Mr. Barcena: Yes. Commissioner Reyes: Okay. Which is smart. We should be so selling fuel. Commissioner Diaz de la Portilla: If I may. It seems, I want to say the word exaggerated, but it seems like a tremendous' increase. What are you basing that on? Mr. Barcena: So again, we're not actually -- we're not operating at 100 percent at all. Right now, we're operating -- we were operating at that time maybe 42 , 43 percent. So it's -- yeah we weren't taking any revenue for that. Commissioner Diaz de la Portilla: But that will double to 3.6, right? Let's say we're operating at 50 percent and you double it 1.8, it's 3.6. Mr. Barcena: And this is, this is also -- yeah, this is also -- Commissioner Diaz de la Portilla: But this, you're saying 7.45. How far away are we from that, from this projection that you have? Mr. Barcena: So the restoration project will be completed at the end of this year. City of Miami Page 32 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Commissioner Diaz de la Portilla: Okay. Mr. Barcena: And again, this is also including the proposed rates, which will be included. I mean, we will actually be charging for electricity and water. So there are a couple more fees included that. We also included the fuel dock and the ship store, part of these numbers as well. And we feel that we did a conservative, we did an average slip vessel, kind of did like a 95 percent occupancy, not at 100 percent. So conservatively, I'd say like 7.45 would be a good, spot on number. Commissioner Diaz de la Portilla: You have, if 1 may. Do you have 2020 audited numbers of the performance of all these marinas? And if you do, why are you using 2019 numbers? Mr. Barcena: We're using it because 2020, when we were affected by COVID and we actually gave credits to a lot of these boat owners and slip holders. And 2019 was actually a good year. So that's why we're basing off of 2019, even though in 2020, we did have two marinas that actually operated very well, like Marine Stadium Marina and Miami Marina at Bayside. Vice Chair Russell: Just a moment though. When you say 2019 was a good year, can you really count Dinner Key Marina since it's been off the line since before Irma? Mr. Barcena: No, it's yeah. So, there's -- Vice Chair Russell: So we're comparing apples to apples on Dinner Key, we should go back to pre -Irma numbers. Mr. Barcena: Correct, but I wanted to put something with the current rates as well, remember, because we did that. Commissioner Diaz de la Portilla: But you can adjust for that, because I think if you go before 2017, you'll see a different number, right? Mr. Barcena: Absolutely. It will be 100 percent, but with different rates. Commissioner Diaz de la Portilla: Right. And I think -- right, and I think that the 2020 numbers are essential for us to make an intelligent analysis at the end of the day. Mr. Barcena: Absolutely. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) we have all the numbers before Irma, 2019 numbers and then COVID numbers. We will take all that into our conversation as we move forward, right? Mr. Barcena: Absolutely, yes. And the 2020 numbers -- Commissioner Diaz de la Portilla: We will need some of that information. Mr. Barcena: Absolutely, yes, sir. The 2020 numbers actually were not far off from the fiscal year 2019. Commissioner Diaz de la Portilla: Okay. Mr. Barcena: It was a few hundred thousand off,' but not too much. City of Miami Page 33 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Commissioner Diaz de la Portilla: Okay. But you said they were severely impacted -- Mr. Barcena: Correct. Commissioner Diaz de la Portilla: -- so that's why you said -- that's why you were not using them. Mr. Barcena: Correct. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: Commissioner Carollo. Commissioner Carollo: Yes. What were the numbers at Dinner Key pre -Irma 2016? Mr. Barcena: Yeah, it would be around $5 million that we were taking in at 100 percent occupancy -- I mean 100 percent usage of Dinner Key Marina. It was about $5 million. Commissioner Carollo: So we were around $5 million. Mr. Barcena: Correct. Commissioner Carollo: In 2016. Okay. My next question would be, you mentioned that we gave credits in 2020. Who authorized that? Did you authorize that, Mr. Manager? Arthur Noriega (City Manager): Yeah, in some cases I did, for people that were not operating at all. It was a request that came through DREAM (Department of Real Estate and Asset Management) and we authorized very specific -- on a case -by -case basis. Commissioner Carollo: On a case by case, but it was not across the board? Mr. Noriega: No. Commissioner Carollo: Or was it? Were any of our marinas across the board? Mr. Barcena: It was done by case by case, sir. So Miami Marina, for instance, the commercial operators were severely impacted by COVID. So we issued out credits to them. Commissioner Carollo: Did this Commission authorize any of that at any time? Did anyone bring this up to this Commission for any kind of approval or at least information? Vice Chair Russell: We did have a discussion during COVID with regard to commercial operators and the hardships they were facing, some of them went out of business and I did request a policy to be created that would create a relief program for them. Commissioner Carollo: But did it come back to us -- Vice Chair Russell: No. Commissioner Carollo: -- so we would know? City of Miami Page 34 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Vice Chair Russell: It continued on a case by case basis. 1 believe there was a discount offered, not a discount -- no, it wasn't a -- was it a discount or a deferral? Mr. Barcena: It was a disc -- we discounted the rates and we also the -- for individuals that are actually going through really hardships, extreme hardships, we did a deferral and had a payment plan. And right now, they're actually doing fairly well at Pier 5 and a lot of those customers are actually paying back their debt so. Commissioner Diaz de la Portilla: That's an important point. Did you forgive or did you just defer and now that they're making money again, are they going to pay us? Mr. Barcena: Yes, they're paying us back. Commissioner Diaz de la Portilla: Everyone? Everyone? Mr. Barcena: Everyone is, yes, sir. Commissioner Diaz de la Portilla: All the case by case basis? Mr. Barcena: Mh-mm. Commissioner Diaz de la Portilla: Okay. Mr. Barcena: We give them -- we give -- yes, every case. Commissioner Carollo: Could this Commission, Mr. Manager, be sent case by case with the total amount of how much money we lost to the general fund for the breaks that we gave? Because I don't know if the private sector gave anything at all similar. And in addition, besides marinas, if we discounted any other leases that we had, if you would let us know, because my only concern is, I don't want to have a domino effect, that we end up getting people asking us to forgive a lot of dollars. Mr. Noriega: We'll provide you all that information. Mr. Barcena: (UNINTELLIGIBLE) answer that. Commissioner Carollo: Thank you. Vice Chair Russell: Any other questions on this slide? Commissioner Reyes: No. Commissioner Carollo: No. Vice Chair Russell: Alright. Mr. Barcena: So the next slide we have is the Coconut Grove Sailing Club. Their current status is privately operated. They're currently in an exclusive, their second five-year option, which expires in 2026. Their permitted wet slip/dry slip storage is 247 wet slips and they have 31 dry slips. Fiscal year 2019 rent, which their base rent is $72,000 and they get 10 percent of gross revenue. We took $228,720 and our projected NOI, and again this is based on the proposed rate increase, and it does not include the potential revenues from the restaurant/bar that they have there, is $1 million a year. At this location, they also do have a restaurant/bar that -- that it can be -- that we can open up to the public, do an RFP (Request for Proposal), there's a lot of potential there to make revenue, and also it can lower operational costs, operating costs, with contractual services such as janitorial and security. City of Miami Page 35 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Vice Chair Russell: What do they charge per year right now for an annual membership? Mr. Barcena: Coconut Grove Sailing Club, I do not have -- don't quote me, but they're very, very close to us. I believe they charge about -- oh for membership. Vice Chair Russell: A membership. Mr. Barcena: I do not know for membership. 1 don't know if anyone out here is in the Coconut Grove Sailing Club. Vice Chair Russell: From my understanding, it's incredibly inexpensive. What they're doing is a -- an everyday man's sailing club basically. So that anyone in the city that wants to be a member there can pay a very small fee and have access to all of their facilities. Beyond that, its free access to the waterfront for someone who wants to put in non -motorized. It's my understanding. There might be a nominal put in charge, but it's open to everybody. And that's something I want to differentiate here. Some of these are profit centers for market rate and luxury type vessels. Some of these are meant to be almost a service or amenity to the general public or at a nominal fee, waterfront access. And I'd love to see the numbers on that to verify if what I'm saying is correct because my understanding is that this particular Coconut Grove Sailing Club is the latter. It is more of the inexpensive, you know, could we make more money there if we were to not extend their lease or take them over? Probably. But are they running a good amenity for our residents that is worthy of the rent we receive there? I think that's something for us to analyze. Commissioner Carollo: The only thing that I would like to see there, Mr. Chair, is how many of their membership lives in the city of Miami versus is out of the city of Miami. Secondly, they still have a restaurant there? Vice Chair Russell: Yes. Mr. Barcena: Yes, they have an operating restaurant bar. Commissioner Carollo: Okay, do we get the same breaks in the restaurants for the people and prices or? Vice Chair Russell: What do you mean? Commissioner Carollo: (FOREIGN LANGUAGE). Vice Chair Russell: Yes, it is a very -- there are very few places left in the city of Miami where you can have a waterfront meal at a reasonable rate with a view of the water. And Coconut Grove Sailing Club definitely provides that. Commissioner Reyes: Mr. Chair? Vice Chair Russell: Yes, Commissioner Reyes, then Commissioner Diaz de la Portilla. Commissioner Reyes: Yes, you see, I just want to know also, this is a private club, right? It requires a membership fee. Mr. Barcena: It's part of the operation. Commissioner Reyes: And I would like to know if there is any -- if there is a break for residents of the city of Miami versus non-residents of the city of Miami for City of Miami Page 36 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 membership. I mean, we have other clubs that are -- or any other facilities that they are owned by the City of Miami and they are -- and they are run either by a contractor or whatever, that they give special rates to city of Miami residents. And 1 would like to know if they have this and also if they try to make it as affordable as it is for people that they are not so high -anchor. I would like to see that. Mr. Barcena: Noted. I will get that to you, sir. Vice Chair Russell: Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: And to follow up on Commissioner Carollo and Commissioner Reyes's questions, I would like to see how many members they have, total. Mr. Barcena: Okay. Commissioner Diaz de la Portilla: How many are not from the city of Miami. If there is, in fact, a difference, as Commissioner Reyes has mentioned, between city of Miami members and non -city of Miami members and what they pay. I also like for them to open up their books to us to see how much money they make because we are outlining what we make, what they pay us, but we don't see how much money they are making. What you call a nominal fee for membership, well, 1 want to know what that nominal fee is, and 1 want to see how profitable they are. 1 know they are a non-profit, but they have executive director. They are a nonprofit, correct? Are they a for -profit? Mr. Barcena: It's a 501 -- Commissioner Diaz de la Portilla: C6? Mr. Barcena: -- C6 or something like that. Commissioner Diaz de la Portilla: Yeah. Okay, but I still would like to know how much you are making and how much you are paying their executives. It is a non- profit, but they still pay people, right? Mr. Barcena: Noted. Commissioner Diaz de la Portilla: Okay, because I want to see, you know, if we are getting a fair share. On everything, I think Commissioner Carollo alluded to this, you know, the restaurant, the bar, everything else is there. On anything we do moving forward, yes, it is good for our residents to have a break, if in fact they are our residents, but if they are from Coral Gables or from, you know, Aventura and they want to come here because we are giving them a steal and they're doing it here for that reason. I want to know the difference. That is important. I am all for providing our citizens of the city -- residents of the city of Miami every break that we can, an opportunity to access the waterfront, our waterfront is beautiful. But I am not for doing it for the city of Coral Gables, residents who can clearly afford to pay a heck of a lot more. Mr. Barcena: Yes sir. Vice Chair Russell: Thank you. Commissioner Watson: Mr. Chair, just to say -- Vice Chair Russell: Yes. City of Miami Page 37 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Commissioner Watson: -- as a baseline for you to project 2019 rent, you are already getting the audit, aren't you? Mr. Barcena: If we projected -- yeah we received the numbers from their 2019 from Coconut Grove Sailing Company and I would be more than happy to share that with you. Commissioner Watson: And I mean you have to audit them in order to know what our 10 percent is, you're (UNINTELLIGIBLE) aren't you? Mr. Barcena: Correct. Commissioner Diaz de la Portilla: You audit them every year, right? Mr. Barcena: Yeah, we do. Commissioner Diaz de la Portilla: So you know how much they make? Mr. Barcena: Yeah, we do. Commissioner Diaz de la Portilla: Well, how much do they make? Mr. Barcena: I can get that to you in the conclusion of this meeting. 1 get you all the numbers from the privately owned. Commissioner Diaz de la Portilla: That's important because they're making -- Mr. Barcena: Absolutely. Commissioner Diaz de la Portilla: -- a lot more than what we're charging them, right? Vice Chair Russell: It looks like it would be about $1.5 million, according to this slide. If 72,000 was the base rent and we're getting 10 percent of the difference up to 228, 000, I would guess their gross revenue is about 1.5. Mr. Barcena: Correct. Vice Chair Russell: But you would -- Mr. Barcena: (UNINTELLIGIBLE) the exact numbers, but I'll send that to you. Vice Chair Russell: It would be good to have some numbers. And that 10 percent conies off of everything, right? Mr. Barcena: Yes sir. Vice Chair Russell: We get part of the restaurant, we get part of their storage fees, whatever operations they're doing? Mr. Barcena: Yes sir. Commissioner Diaz de la Portilla: So you would be amenable to increasing that 10 percent to 15 percent or 20 percent? Vice Chair Russell: You know, I think it's good to study to see what that does then to the rates. I think that's also a good thing to understand. And I think you're on to City of Miami Page 38 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 something here where if there is not a differentiation in rate between city resident and not, because really what we're doing here is subsidizing our waterfront for the benefit of our residents to have access to. And if it's being taken advantage of by those from beyond, they should be helping us subsidize that. So it should be potentially a different rate. This is an internal policy that they would have, but if in their potential renewal, their 2026 lease expires in five years, that would be something that would incentivize them to charge differently, but we want it on the shoulders of those from outside the city more so than those from inside the city. But it looks like, you know, you've got a few years to renegotiate that lease if that takes case. Mr. Barcena: Yes, Mr. Chair. Spot on. Vice Chair Russell: Any other questions on this slide? Commissioner Carollo: Yeah, do they serve sliders? Mr. Barcena: Next slide. This is Marine Stadium Marina. This is kind of more of a straightforward, to the point, City operated marina, right now we have 296 dry slips. Our fiscal year net revenue was $333, 000. Our projected NOI is $1.86 million based on the proposed rate increase. And the reason why you see such a huge jump is because we actually lost revenue in 2019 actually -- in 2018 because of the boat show. And also in 2019, we also had Ultra Music Festival there at Virginia Key as well. But this past year, we actually -- in 2020, made close to like $500,000. Commissioner Carollo: Yeah, but even with the Ultra Music Festival, even with the boat show, there's something terribly wrong that has been going on with the management of that dry dock marina. That's been awful, awful low. So what are you, based upon the early numbers of this year, where do you think we end up this year? Mr. Barcena: We're projected to actually' be probably the highest we've ever been at Marine Stadium Marina, and actually a lot of our marinas, we're actually going on a positive trend. Commissioner Carollo: Yeah but the numbers, numbers? Mr. Barcena: Numbers -wise, we're looking close to like 600,000 projected per NOI, yeah. Commissioner Carollo: That's still awfully low for this marina. And I don't know if everyone is paying there or not. People are forgetting about who's putting boats there and not collecting, or wink wink, but there has been a tremendous difference though in the last year or so, but still nowhere near where this should be at. Mr. Barcena: Noted. Commissioner Carollo: So, anyway. Vice Chair Russell: Anthony, did you or anyone in your department know historically why we have two separate entities abutting each other to service marina operations in the basin there? Why did we not combine them back in the day as one service, whether City operated or private operated, why do we have two separate similar things going on? It would seem there would be efficiencies of scale. Mr. Barcena: Correct. Historically, I do not know the answer to that. Maybe? No one? City of Miami Page 39 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Commissioner Carollo: Well 1, 1 could answer that for you as to the last time that there was an attempt to combine them. You had two individuals, three 1 think, that are no longer with us, and they were making a move to buy everything and unite them. The marina director at the time, Christina Abrams (phonetic), showed me numbers that we could make a huge amount of profit on this dry dock marina. I bought into it and the results has been what you've been shown. This marina never, never met the potential that I was shown on paper that it would meet, and I probably would have been better to have let them gone forward. This is when I was mayor, so it's a long time ago, and have united those properties and the City would have gotten more profit. But this dry dock marina, I don't know what's been going on there, but the management of it has been horrible throughout the past years. Vice Chair Russell: Are there any other questions on this particular slide? Commissioner Watson: Just a question -- the question I would have is that when you do -- Vice Chair Russell: Could you pull your microphone down? Commissioner Watson: I'm sorry. Because I understand earlier when someone said -- Vice Chair Russell: I think the microphone is pointing up. Commissioner Watson: Oh, it's pointing up. Alright. Pm sorry. Please. The question earlier had to do with us not listening. It looks like you're including fuel in a couple of your new projections. Are you not including it in the Marine Stadium? Is it not -- you're not including fuel in all of them, or are you just including fuel in selective ones? Mr. Barcena: So we only have one fuel dock, and it's the Marine Stadium Marine. We're currently in the process of getting a fuel dock at Dinner Key. But, yeah, it is included fuel for Marine Stadium Marina. Commissioner Watson: And when the Commissioner asked about dry dock, is Marine Stadium Marina a dry, dock? Mr. Barcena: Correct, that's a dry, dock arena. Commissioner Watson: And so apparently, he was given numbers and assumptions that were not accurate or did not come to fruition. And so you're increase now six times. Are you including those same assumptions? Mr. Barcena: We're -- right now, I'm actually -- we don't have the boat show coming back. So we don't have to -- so we're going to have 100 percent for the few months. There's no Ultra. So -- and also we're going to put 50 more dry docks on there. Commissioner Watson: So then would it make more sense to realize those numbers you're talking about to have an operator with this dry dock marina or that's not -- we're not there yet in that assessment? Mr. Barcena: This is just for Marine Stadium Marina. I think you are maybe alluding to the Rickenbacker? Commissioner Watson: Yeah. Mr. Barcena: Which is next. Yeah. That's later on in the slide. I can -- I will get into detail a little bit. City of Miami Page 40 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Commissioner Watson: Okay. Alright. Vice Chair Russell: Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Do you have the 2020 numbers for this one? Mr. Barcena: Yes, I do. For Marine Stadium Marina, off the top of my head, it's close to about $500,000. Commissioner Reyes: Let me ask you a question. Did an increase in rate occur between 2019-2020? During the 2020 year, there was a rate increase? Mr. Barcena: There was no increase in 2019. Commissioner Reyes: Then the numbers should not differ much from 2019? Mr. Barcena: Yeah. Commissioner Reyes: If we had the same usage, if we had the same number of -- of slips and we're using about the same, I mean, we're about -- capacity was about the same, the difference in numbers, that's -- Mr. Barcena: So yeah, so 246 -- right now we have 246 dry slips, we're permitted for 296. This is adding the extra 50, which is part of our capital projects, which would be a major increase for us at Marine Stadium Marina. And again, we don't -- we're not going to have the boat show back in that location. So this is what's reflecting on that. And if you'd like, I did send your offices -- Commissioner Reyes: Numbers will be very close. Mr. Barcena: Yeah. Commissioner Reyes: Or if not the same. Mr. Barcena: Yeah. So we do have a pro forma that we conducted to get those numbers. I'll be more -- you know, I believe I did, but I'll share them again with your offices so you can look at it, the exact numbers. And I know you like doing that as well. Commissioner Reyes: The only -- the only difference now is that when there were commercial vessels and all of that, that they couldn't go out because of COVID and they were affected. That's the only difference that occurred between 2019 and 2020 that there was not a change in rate. Rate remains constant, so the revenues remain constant. I mean, we have the same customers, number of people paying -- Mr. Barcena: Right. Commissioner Reyes: -- it would be about the same. Okay. Mr. Barcena: In 2020, we also gave credit. Commissioner Reyes: That's right. Mr. Barcena: Yeah. Commissioner Reyes: Yeah, okay. City of Miami Page 41 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Vice Chair Russell: Have you done an analysis of consolidating those two next to each other and what difference that would make in terms of those efficiencies? Mr. Barcena: Internally, we haven't done that in a long time, but there were a study with CBRE that I believe it was in 2015, that was 2015. I can get my hands on that and share that with you. The analysis that was conducted by CBRE (Coldwell Banker Richard Ellis) in 2015, but there's nothing recent study that's been conducted. So we - - internally, we can do thatfbr you ifyou'd like. Vice Chair Russell: Thank you. Commissioner Diaz de la Portilla: A question for the Manager. Mr. Barcena: I mean -- I mean during this slide, we do it on the City side, but not, you know, privately and public. We just have the public side -- on the City side in this presentation. Vice Chair Russell: Well, you're looking at net, and I apologize, Commissioner, just a second. Mr. Barcena: This is NOI. Vice Chair Russell: You're looking at, yeah, you're looking at NOI and you're looking at sort of gross here, revenue potential, with adding up all the potential capacity of slips and dry dock, moorings, et cetera. But there should be a savings on expenses if you're able to consolidate, I would think -- Mr. Barcena: Correct, a huge savings. Vice Chair Russell: -- that would lead to a more profitable operation, which could be better for the City, whether held privately or publicly. Mr. Barcena: Correct, yeah. Vice Chair Russell: Alright, Commissioner Diaz de la Portilla had a Manager. Commissioner Diaz de la Portilla: Thank you. Mr. Manager, CBRE, our payroll? Mr. Noriega: They are one of our consultants, correct. Commissioner Diaz de la Portilla: Okay, thank you. Mr. Barcena: No further questions, I'll do next slide. Vice Chair Russell: I think so. question for the are they still on Mr. Barcena: So this is a marine stadium and a mooring field. The numbers are reflecting both Marine Stadium Marina and a mooring field. So the proposed capital project, it's a mooring field, 97 moorings, additional thy slips, approximately 50, concrete flooring throughout, which is one of the capital projects that we want to do. Projected NOI with Marine Stadium Marina and the mooring field together will be $2.64 million. And again, that's based on the proposed rate increase. And this is in a stabilized year in three after the capital projects. And additional potential projects, potential wet slips can be discussed when it comes to regulatory approvals, of course. City of Miami Page 42 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Vice Chair Russell: Are you familiar with the Virginia Key Master Plan? Mr. Barcena: I have an expert here that is very familiar with the Virginia Key Master Plan. I do know somewhat about it, yes. Vice Chair Russell: So during public comment, it was mentioned that a mooring field was not contemplated in the Virginia Key Master Plan, but my recollection says that it does, just maybe not in this scale. Could you clarify what the Virginia Key Master Plan does say with regard to a mooring field in the basin? Mr. Barcena: Yes, and 1 can get Mr. Schimmel, Andrew Schimmel. Andrew Schimmel: Good morning, Andrew Schimmel on behalf of DREAM. Chairman, I believe the Virginia Key Master Plan is silent when it comes to mooring fields in Virginia Key. I'd have to go back and check. Vice Chair Russell: Got it. The benefits of a mooring field have been explained to me as currently, boats do moor out there. There is no pump out service for them, so there's a contamination potential. There are potential derelict vessel issues. And of course, safety concerns. So, I do see and understand the benefit of a potential mooring field in a specific scale. To turn the place entirely into a parking lot of boats would eliminate the use -- the uses that are enjoyed there by so many different sports and types of boaters. So, I'm not looking to overdo it, but 1 would like to get clarification with regard to the Virginia Key Master Plan. If it's not contemplated, we should take the right steps here. But I'm not closed off to the idea of a mooring field existing and I would like to see if we can broker a balance that creates the -- what has been proposed as a, I don't know if it was a -- not a passive use area, but a non -motorized use area that could be specifically for the sports, such as rowing. We have competitive rowers here in schools and clubs, which could be world class in a basin like this. I'm not saying they're not now, but we don't have a facility that's world class for them. But we could provide that through cooperation of how a mooring field could be configured. And so I'm not saying this is how we're going to do it at this point, but I'd like to say these competing interests could actually work together. We could have a solution here. But this does look -- this looks pretty heavy in terms of intrusion into the basin with a mooring field. That's my opinion, gentlemen. Mr. Schimmel.: This -- this picture here, we've actually gone through multiple iterations of this mooring field. I believe the last iteration of it was 40-something mooring balls, plus rowing lanes designated on the north end of the basin. That's the last iteration that we worked with the Virginia Key stakeholders with and that was back late last year we rein -- or they re-engaged us to discuss whether we could in fact do a mooring field. Vice Chair Russell: And this rendering is double that? Mr. Schimmel: That, I believe is the initial concept, which is 97 mooring balls, and from a financial perspective, there's a point where the City loses money if we don't deploy a certain number of mooring balls. So the break-even point, I believe, is around 42 mooring balls. You know, from a commercial real estate perspective, we believe more mooring balls is financially better for the City, but also from a safety standpoint, for those who use the water, the larger the mooring field is, that prevents folks who are on jet skis and what -have -you from going through that area. Vice Chair Russell: I see the argument you're making, but also a no -wake zone would also affect, with proper enforcement, would also achieve that. So I don't think limiting the usage by taking up all the space, you know, I could see where you could make a City of Miami Page 43 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 stretch to say that it makes it safer, but I'd also like to push back on your efficiency argument. How many mooring balls have been installed in the last five years under our expanding program of mooring fields between Dinner Key and Watson Island? Mr. Schimmel: So, Dinner Key North mooring field, we've deployed 25 new mooring balls. That's brand new and we are in the process of constructing the Watson Island mooring field which is 100 mooring balls. Vice Chair Russell: Right, so rather than looking at each mooring field in a silo, if you look at the aggregate number of mooring balls you have, you already have the efficiencies there to service them, 1 would think. Because if you're just talking about the cost -benefit of the deployment, the contracting of putting them in, that's one thing. But if you're looking at it only becomes profitable after a certain number, you may already have that number in the universe of mooring balls we have, we just need an efficient way to service them from field to field. You don't need a pump out, dedicated pump out for one field there all the time. They can be working a service through your mooring field. So I'm going to push back a little bit on the need to have 97 moorings there. I think we could be less intrusive on the basin and still be profitable for the City, but that's my hypothesis that I hope you can fend a way to just. Mr. Schimmel.. We will work with the stakeholders, and you know we will come up with a mutually beneficial solution for everyone. Other thoughts from the board on the Marine Stadium Marina mooring? Commissioner Carollo: Actually, I'm going much wider than that. You mentioned he was your expert on the Virginia Key Master Plan. Well, that's the present Master Plan. I had left with a previous commission the original Virginia Key Master Plan in 2001, November, that I don't know when, down the road, it was changed, which is quite different than what you have here. There was one key area of about 120 acres that was kept pretty similar to what we had proposed for recreational area, but then everything else, I think, for the most part, was changed with the exception of one additional area, the Trust that we had created in Virginia Key. We're losing a tremendous amount of opportunities still here for revenue, a tremendous amount in this area, and revenue that would not affect Virginia Key, the habitat, the sea animals, the land animals, or the Cuban lizards that are now there. The part that I have looked at here that does bring a concern to me, in this new board that was created to do and oversee the master plan, I got the impression that at best we have one or two only in a pretty sizable board that are city of Miami residents. So, and at some point in the future, I'd like to revisit that because we should only have city of Miami residents, or certainly the vast majority, in boards such as these. And I want to make sure that the feedback that we get as we move forward is coming from our own residents. For instance, I don't think there's' anybody from Liberty City, from Overtown. I don't think there's anybody from Allapattah. I don't know if there's someone from the Grove or someone different. There's nobody from Little Havannah, from Shenandoah, from Silver Bluff, from Flagami, I'm not even sure if there's anybody from the northeast. So certainly no one from the Roads. So I've covered the city of Miami, pretty extensive our neighborhoods. And if we don't have anybody from the core of our neighborhoods that are part of a group that oversees a master plan, that is a concern because this is the biggest park that we own in the city of Miami. And we should have impact from our residents, all our residents, throughout all our communities, instead of individuals that are from other areas, have different agendas from different groups, to have the vast majority of the say-so in an extremely, valuable important asset to the City of Miami both as a generating revenue source that would be revenue that we receive every year, and also a major recreational area for our residents. So, I'll leave it at that. Mr. Clerk, if you could send me and please send copies to the members of the Commission, all the members of the Board, and if you could include their actual addresses. I hope that we're taking actual home addresses, not business addresses. City of Miami Page 44 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Mr. Barcena: And Mr. Chair, back to your question earlier, we found that there's no mooring field plans in the Virginia Key Master Plan historically. Vice Chair Russell: Got it. So the residents who spoke are correct. There is no mooring field contemplated in the master plan. Okay, thank you. Commissioner Diaz de la Portilla: Commissioner, I'm sorry, Mr. Chair. Commissioner Carollo actually brought up a very, very interesting point and I actually looked it up as he was speaking. And 1 see the membership of this advisory board. And I think just by the names alone, but we have Barbara Hernandez who is there because she is now our Parks Director, right? But these are names that I'm pretty sure none of them are in any of our districts that Commissioner Carollo mentioned. So it kind of comes back to the original point that 1 made earlier, that our waterfront property belongs to the entire city and to all city residents. It happens to be geographically in the district that was created, District 2, but it belongs to all of us. It belongs to all Miamians, and we represent Miamians. So to me, I think that is a valid point that the membership of that advisory board, are they really -- do they really reflect the makeup of city of Miami residents? The thinking of city of Miami residents across the board, people from Allapattah and Flagami and Little Havana and other parts, Coconut Grove of course? Do they? Are they representative of our population in terms of ethnicity, in terms of income level, in terms of race, in terms of where they live? And 1 think if we look, I know you don't agree with me, Mr. Chair, but 1 think that all our waterfront property belongs to all Miamians and every Commissioner here, and the Mayor of course, have a right and an equal voice in what happens there. Vice Chair Russell: What makes you think wouldn't agree with you? Commissioner Diaz de la Portilla: Well, because you said earlier that it was in your district, so that is why. (MULTIPLE PARTIES SPEAKING IN UNISON) Vice Chair Russell: No and I will correct you every time you say it. I have in all of this body, we all vote here -- Commissioner Diaz de la Portilla: Mr. Chair, I don't want to debate you. Vice Chair Russell: Well, you are continuing to put words in my mouth -- Commissioner Diaz de la Portilla: Well, let me just finish. Vice Chair Russell: So I'm just going to correct you every time. never said Commissioner Diaz de la Portilla: Well thank you for correcting me, but let me just finish. I think it is pretty clear that the membership of this board does not reflect city of Miami residents. It's not representative of them. And I think that is an issue, I think Commissioner Carollo hit the nail on the head, that he -- is something we need to look at. In terms of creation of a master plan, is it an existing master plan? Is there going to be a future master plan that really reflects the thinking of all city residents or the wants and desires and the needs of all city, residents? Or are we going to update it to look at, you know, what's doable in 2021 versus an older master plan. Because I had a dinner last night with a stakeholder in the Miami Marine Stadium refurbishment, the $45 million idea that he has or that they have for fixing that stadium, which I'm not entirely in favor of unless, I'm actually not in favor, if it's only piecemeal, if it's only spending $45 million and doing electrical and structural and then leave it there as a dinosaur without any peripheral development. That master plan is critical for the City of Miami Page 45 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 whole area. And the board that recommends to us what we do and what the master plan should look like should be should reflect all city of Miami residents and should reflect from all parts of the City of Miami. That's all. Commissioner Carollo: Let me go back to that, and I wasn't trying to create any havoc with that, but nor is it something that we have to deal with today. Pin just bringing up points to show that there's a lot more that we have to study before we can intelligently move ,forward with anything that's being presented to us today. For instance, the master plan that we had created back then, that we had spoken to, in the tip of the basin, in areas that were fine for construction, we had it for a hotel. Imagine one of those hotels built like a sail, like they have in Dubai, there, the view that it would have, it would become a landmark in Miami, and it would bring the city of Miami a heck of a lot more revenue than any of the moorings that we're talking about doing here for the dry storage. We also had looked from that hotel to use golf carts in the other side of the basin, the side that we don 't have anything built on because you have roads there already, to use golf carts to be able to bring people in small one bedroom log cabins that we could build along that shore where people could come in with their boat and park them there. Those would be sold year-round 24-7. And then with those same go-karts -- golf carts I meant, we could drive people from the hotel all the way to the tip, were you could put a restaurant that would not affect anything, and that would be the best view of any restaurant in Florida, by far. Imagine the revenue that we could get from there. And these are things that 1 know some will raise their hand against it right away, but they're not going to affect the wildlife whatsoever, the terrain, the sea mammals, or creatures, at all, done properly. So we're leaving a lot of dollars on the table. One other place that we had down for a possible hotel site or commercial, was next to the stadium site. So, there's a tremendous amount, and I'm not even going to go into the rest of the island in recreational activities that could be done there. There's a tremendous amount that's left on the table that this city has an obligation in the future to look at, discuss, that could bring a tremendous amount of revenue for future Miamians. Vice Chair Russell: Thank you. Commissioner Reyes. Commissioner Reyes: Yes, I, with quite interest, I was hearing the discussion about membership on Virginia Key Advisory Board, but the reality is that the membership is established by Code. And I have a list here on how the membership should be appointed. And it has 13 different either organizations or commissioners and all of that they designate the members. For example, the City Commissioner of District 2 shall appoint one person. One person shall be designated by the Mayor. One person shall be designated by the Director of Real Estate and Asset Management. Another person shall be the Director of the Department of Parks and Recreation. One person shall be designated by the Village of Key Biscayne. One person shall be designated by the Miami -Dade County Commissioner for District 7. One person shall be designated by Dade Heritage Trust. One person shall be designated by the National Trust for Historic Preservation. One person shall be appointed by the Commission at -large in addition to the membership criteria in subsection 2-1191(a), such persons shall be of demonstrable interest or expertise in recreational boating. One person shall be designated by the Urban Environment League of Greater Miami. One person shall be designated by the Tropical Audubon Society. One person shall be designated by the Sierra Club. One person shall be designated by the Historic Virginia Beach Park Trust. Yes, it is nice you see that for us to say, okay, we want everybody from -- and I agree, everybody from every single neighborhood of our city to be designated, but we've got to be clear and transparent. We are -- this -- it's not that agree with it, but this, the Virginia Key Advisory Board, by Code, must follow this -- I mean must follow this. Now, this could be changed. Commissioner Diaz de la Portilla: Of course. City of Miami Page 46 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Commissioner Reyes: It could be changed. I mean, 1 don't know how it is, but this is the way it is now, and that is why we don't have addresses like Flagami or Little Havana or Coconut Grove. Well, maybe Coconut Grove we got some. But we don't -- we have -- I mean any other area, you know, the northeast, you see, but it is because by Code we are constrained. You see, I just wanted to make it clear that everybody understands. Vice Chair Russell: Thank you, Commissioner Reyes. Is there any further discussion on the Marine Stadium and mooring field? Commissioner Carollo: No. Vice Chair Russell: Next slide, please. Mr. Barcena: Yes sir. Commissioner Carollo: Well, you've confirmed, Commissioner, what I was saving. Because of this section of the Code that we could change, is the reason that we're not having sufficient city of Miami residents. Commissioner Reyes: Absolutely. Commissioner Carollo: And, you know, that's something that I'm glad you pointed out that at some point in the future we might need to sit down and look at. But look, let me say this because I gained a little time when 1 went out before, and I'm going to have to leave again because I've overextended my time, and I have something that I have to take care of quickly. But I don't care who brings something up, what are the motives for it to be brought up, what individuals are out there that are pushing for something, and if they're doing it because it's self-serving or not. I have an obligation as an elected official to look at every possibility to raise revenue for this city in a logical way, using good judgment. This is a start. We're far from it, because frankly, with all due respect, I think we need a lot more information that our staff even though they try to do the best they can, are not prepared to give us. We're going to have to go to outside entities that specialize in this particular area. We're going to need to possibly, as was brought up here, change some codes, not just the one that was mentioned, but some additional ones, and deal with the realities. The only way that we're going to get additional revenues on some of these properties that are sufficiently higher than what we're getting is going to require either we do it ourselves, running these facilities, or through a bidding process, we give it to a private entity that's going through to do it through themselves, but it's going to require either way, higher, much higher increases, closer to the market rate that we're charging. And then it's going to require a little bit of thinking out of the box, which you all have shown some, and I commend you for, in coming with additional ideas that could supplement the income that we could normally get. So having said that -- Vice Chair Russell: Commissioner, this Rickenbacker Marina is the next slide. That's a pretty significant issue. I'm wondering if we should break for lunch and take that one up afterward. Commissioner Carollo: Okay. Alright. What time? Vice Chair Russell: It's 1 o'clock. It's almost 1 o'clock now. How about 3 o'clock? Commissioner Carollo: That's fine. Vice Chair Russell: Does that work? City of Miami Page 47 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Commissioner Carollo: That works. Vice Chair Russell: Alright. Commissioner Carollo: Okay. Vice Chair Russell: Just a moment. Got it. Thank you. We'll see you all at 3 o'clock. [Later...] Vice Chair Russell: We're backfor the remainder of the special Commission meeting. We already finished SP. 1 We are in the middle of SP.2 discussion on City -owned marinas. Before we get back into Mr. Barcena's presentation, we have a special guest with us, our Commissioner of the Florida Inland Navigation District, Mr. Spencer Crowley. The FIND Commission is a very generous partner with the City of Miami with waterfront and water access projects, so we'd love to hear from you, Mr. Crowley. Spencer Crowley: Thank you, Mr. Chair. Spencer Crowley, 98 Southeast 7th Street. For the record, I live and work in Miami, also boat in Miami. I'm here today in my capacity as the Miami -Dade County Commissioner to Florida Inland Navigation District. Apologies for not being able to make it this morning, but I appreciate you giving me this opportunity to just say a few words. 1 think most of you are familiar with FIND, but real briefly as a recap, we are the non-federal sponsor for the Intercoastal Waterway Project. So that is a federally authorized project that runs from the St. Mary's River north of Jacksonville all the way down to the Keys, and we help the Army Corps maintain that so that it's navigable for vessels. So we do a lot of dredging around our ocean inlets. Here in Miami -Dade County, the only place we really have to dredge is up at Haulover. That flood shoal is constantly like going into the intercoastal waterways, so we have to dredge it every three years to make sure that it's navigable for big vessels that, you know, want to come down here and spend a lot of money. More relevant to the discussion today, FIND also has a grant program, and we provide government agencies with grant funding for projects that increase public access to the waterfront. So mostly our grants here go to the City of Miami and Miami -Dade County. We do have some grants that go to state agencies like FWC, and in some cases we have federal agencies like Biscayne National Park who could also apply for our grant funding. Really the idea is -- is to help use some of our money to make the waterfront more publicly accessible to those who don't live right on the waterway. So through that grant program, we provided the City with 40 million dollars towards its public marinas and public access projects. That's funded over a hundred projects with a value of over a hundred million dollars in total. Our contribution to that was about 40 million. Specific to marinas and mooring fields and boat ramps, we've done 25 projects with the City. The value of those projects is about 20 million, and we've put in 10 million. So it's a partnership that we're proud of. We like supporting the City's marinas. Obviously, access to the waterfront is very difficult these days. And as much -- we want to do as much as we can for the people who don't live on the water, who have their boat trailered in Allapattah, Little Havana, Flagami, like we got to get them access to the water and so that's -- that's really what we try to do. So anyway, that's sort of a high-level outline of FIND and what we do. Just real quick, and then I'll wrap it up. I do just have a couple of thoughts about this discussion today and I and unfortunately I didn't see the discussion this morning but from my perspective one thing that's very, very important is that the City make sure that it's funding law enforcement appropriately. There's a huge area to cover out in Biscayne Bay. Our officers and our law enforcement do a great job. There's just not enough of them and we really need to make sure that they have the resources necessary to patrol the waterways in an effective way. So, one thing I can do to help is City of Miami Page 48 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 provide grant funding for vessels, for law enforcement vessels. We can't help fund patrols, but we can help fund those vessels. So please come to us, let us help. This grant cycle, we're actually helping Miami -Dade County with their marine patrol. So it's something we can definitely help with. Another issue is related to derelict vessels. We really need to work, I think, better and more efficiently to handle derelict vessels. I think it's something that can be done. There's other jurisdictions within our district that do it well. We have grant funding to help with that. So we have a small scale program that's 30,000, it's almost automatic, and then we can do 50 percent of any large scale derelict vessel removal that the City may have. So it's something to keep in mind, please come to our -- use our programs for that. And the last thing I'll say relates to the Marine Stadium basin specifically. And I'm not sure if the other commissioners know this, but back in October of 2019, our board considered the issues and the problems that are -- that are existing in Marine Stadium basin right now. 1 don't want to go into the details of it. I think it was touched on today, but needless to say, it's important to us, the safety of everyone is important to us, and right now that basin is out of control. We passed a resolution that I'm going to hand out to you all. I'd like you to please look at it and hopefully use us, work with us to try to help. The idea of the resolution is it basically sets up a process where we can develop some sort of structure in the basin so that we have access for cruisers who need to navigate and anchor in that area. We suggested setting aside an area for rowers, so they have their area. The mooring field will generate revenue. That revenue could be used to increase law enforcement. And of course, all of that would help with the derelict vessel problem in the basin. So that's really all 1 wanted to say today. Thank you for the time, Mr. Chair, and indulging me. And I'll provide this information to the clerks so she can distribute it to you all. Thank you. Vice Chair Russell: Thank you very much, Commissioner. Any questions for Spencer? Thank you. Just a bit of housekeeping before we get into the presentation. From time constraints, I believe -- well I know we're going to not take up the CRA (Community Redevelopment Agency) agenda this afternoon. We simply won't have the time. We have 11 great items on there, but I have talked with the Director, and he is open to rescheduling it and he'll be reaching out to each of the offices to do that. So I don't believe there's a necessary action of the Commission to move that. So all we have left today is to finish up our discussion on City -owned marinas and any directions we have for the management. So Anthony, you're welcome to continue. We left off with Rickenbacker Marina and how many do we have left? Mr. Barcena: I believe just one more and then I just go over the figures at the end. Vice Chair Russell: Rickenbacker, what else? Mr. Barcena: Miami Yacht Club, Vice Chair Russell: Miami Yacht Club, Miami Outboard Club Mr. Barcena: and Watson Island mooring field and that's it. Vice Chair Russell: Got it. The floor is yours. Mr. Barcena: I was going to say thank you Spencer Crowley because if it wasn't for him we wouldn't be able to do a lot of our projects so, the FIND Commissioner, so. Vice Chair Russell: It's very true and I'd like to get an ongoing derelict vessel program because what we have right now is kind of squeaky wheel we hit it really hard for a short time and then it adds up again. Where whether we have to have a vendor on contract regularly, someone's already raising their hand out there, who would just pick up, as needed, and that way we're not waiting for them to stack up and City of Miami Page 49 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 we hear from the residents and the voters and it's dangerous and then it sounds like FIND we'll cover half the bill. So that's great. Mr. Barcena: We would be more than welcome for your support and thank you. Vice Chair Russell: Thank you. So if you could bring a proposal or through the Manager that'd be great. Mr. Barcena: Okay, so Rickenbacker Marina. So Rickenbacker the current status is a privately operated. The occupancy opportunity right now it's in a lease is expired so right now it's in a holdover tenancy via settlement agreement. The permitted wet slips and dry storage is 190 wet slips, they're permitted for a commercial, 378 dry slips, and 20 liveaboards. Fiscal year 2019, they gave us $2.3 million, and that included the supplemental rent of $1.2 million. And the projected NOI, based on the proposed rate increase and expenses for additional personnel would be $4.97 million. Vice Chair Russell: Any questions jroMr. Barcena on the Rickenbacker Marina? None? What do you got next? Mr. Barcena: Okay, perfect. Next slide. Miami Yacht Club. Again, this is privately operated. The lease is exactly kind of parallel to the Coconut Grove Sailing Club. They're on their second 5-year exclusive. Lease expires in 2026. Permanent wet slip dry storage is 40 wet slips, 172 dry slips. Fiscal year 2019, they gave us $128,000. Anticipated capital improvements, construction, additional slips to fill in the permanent capacity and the restoration of the current facilities. 1 don't know if you've all been to Miarni Yacht Club lately. Projected NOI is $903,000 and that's excluding the restaurant and bar that they have over there as well. Vice Chair Russell: What is our agreement with them for the Marine Patrol station that's there? Mr. Barcena: With Marine Patrol? Marine Patrol has their offices, their current agreement, they give us a little bit of space for Marine Patrol to kind of utilize their offices. Vice Chair Russell: So they don't invest in it, in the upkeep maintenance or anything? Mr. Barcena: No, that's Marine Patrol. Vice Chair Russell: It's just space for our Marine Patrol. Mr. Barcena: Correct. Yes, sir. Vice Chair Russell: Because I understand there's been at least one incident of conflict between members of the Yacht Club and our Marine Patrol there, one of which settled in -- ended up in a $100,000 settlement that we paid out in last month's meeting. Is it an appropriate mix there for us to have our Marine Patrol and the Yacht Club or what -- what's the conflict there? Mr. Barcena: I'll leave that as a legal question, since it was a lawsuit. Ms. Mendez: He's asking if the two uses mesh. Mr. Barcena: I mean, I don't see an issue, I mean but since it was, you know, a lawsuit, I don't know if I'm able to like, kind of like, go into a little bit more detail on my opinion on it. City of Miami Page 50 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Ms. Mendez: So, Commissioner, 1 don't know if the two uses at this current location are problematic. 1 know that in this particular instance, when we settled this lawsuit, there was a individual that frequents the yacht club and the -- there was a dispute over the placement of the Marine Patrol. So I don't know if there's other situations that have happened in the past with regard to that. Mr. Barcena: But for the offices, I think that's the perfect location for Marine Patrol because it's centrally located in Biscayne Bay and it's really open access to go anywhere and it's a really great location for them and I don't think they have any issues being at that location. Vice Chair Russell: You would think it would be good for us as well and for that area just to have additional security and boat safety, you think they would welcome it. But my understanding from my briefing on that settlement was the member of the yacht club spit on one of our officers. They got in a fight and obviously we ended up paying out a settlement worth almost the rent that they paid us for the last year. So that, I mean that's a little concerning for me. But their lease has expired at this point, am I not mistaken? They're looking for the extension on the lease. Mr. Barcena: The 5-year, yeah. Well, they have exclusive and I don't think they're in default. Last time I checked, I don't think they're in default. So they have the right for the second 5-year option that was voted on by the Commission. So the lease expires in 2026. Vice Chair Russell: Got it. And what is the history through which this marina was granted the lease? Was there a referendum or a 29-D exception? Mr. Barcena: I have to look back on that. Vice Chair Russell: You know, Madam City Attorney? Ms. Mendez: It depends what year. When was the year? The year of the original lease, if you remember? Mr. Barcena: Excuse me, I'm sorry? Ms. Mendez: The year of the original lease. Mr. Barcena: The year of the original lease, so five years. I have to get back to you on that. I believe it was 2015. Ms. Mendez: I think this was before the 29-B. Vice Chair Russell: Really? Mr. Barcena: 1997 was the original lease. Ms. Mendez: Okay, so if it's -- that's before the original 29-B. Vice Chair Russell: So does that mean it would have gone to the voters? Ms. Mendez: No, it wouldn't have. I don't think so. That was in 2000, I believe, that originally -- Vice Chair Russell: I'd love to understand the history of that. It doesn't have to be today. Anyone have any questions for Mr. Barcena on the Miami Yacht Club? City of Miami Page 51 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Commissioner Reyes: When is the lease -- the lease is expired? Vice Chair Russell: So they're at the end of their lease, but they have a unilateral trigger for extension if they want it for another 5 years, unless they're in default. Commissioner Reyes: But we have to decide if we accept that or not? Vice Chair Russell: We don't. Apparently it's unilateral from their side if they're not in default. I have not studied their lease to understand. Commissioner Reyes: So we cannot kick them out of there? Vice Chair Russell: Well we're going to look at the lease. Commissioner Reyes: Okay, I think that we should look at the lease. And also, you see, well, let's look at the lease. This is a perfect place for a permanent dockage for the fire, the boats that we have, those fire boats, you see, so we can just keep them there. And the Marine Patrol is also there. But let's look at it because -- Mr. Barcena: Absolutely. Commissioner Reyes: --1 believe that this is one that I believe we should -- we should keep all of them, manage it ourselves, and play by ear. See how we're going to do it, how we're doing it. And if we need funds for further improvement, maybe we can find somebody that will partnership with us. But one thing that I am totally opposing or on those long-term leases that they are 20, 15 years and all that, I mean, I think that we should give it a try. I have been saying that since day one. I've been very, very much in favor of the city, and I know that we are capable of it. And I would like to know, Zerrv, what is the Administration's recommendation on this? Nzeribe Ihekwaba (Assistant City Manager): Good afternoon, Mr. Commissioner. The Administration has not farmed up the final recommendation. I will refer back to the Manager, and we'll get back to you perhaps tomorrow morning. Commissioner Reyes: The Manager is not -- when he comes, you see, from what I do understand, I think that I'm not the only one that believes that we should keep it, keep all of them. Mr. Ihekwaba: I couldn't hear you, sir. Vice Chair Russell: Thank you. Any other questions on the Miami Yacht Club? Mr. Barcena: And just a quick add on, Miami Yacht Club also has a restaurant/bar, just like the Coconut Grove Sailing Club. There's also a potential revenue that's not included in here as well, so. Vice Chair Russell .• Yeah. Mr. Barcena: Alright. Next slide. Commissioner Carollo: What's the membership due here? Do you know? Mr. Barcena: The membership due? I do not know, but I know there's a member here from coconut -- I mean from the Miami Yacht Club. Maybe he can explain to it. Commissioner Carollo: Same question, we're asking the membership here. City of Miami Page 52 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Vice Chair Russell: Coconut Grove. (COMMENTS MADE OFF THE RECORD) Vice Chair Russell: Could you go back one slide just to have it up? Mr. Barcena: Okay, not a problem. Vice Chair Russell: Good afternoon. Dave Koster: Hi, my name is Dave Koster. You have a question regarding membership dues? Vice Chair Russell: Commissioner Carollo. Commissioner Carollo: Yes. Mr. Koster: Which club? Commissioner Carollo: What is your membership fee here? Mr. Koster: The membership dues at Miami Yacht Club? There are 140 -- Todd B. Hannon (City Clerk): Chair, I'm sorry, can the speaker get closer to the mic? i just cannot hear. Vice Chair Russell: We can't hear you. Just a little closer. Mr. Koster: I believe it's $140, $140 something. Commissioner Carollo: A month. Mr. Koster: For membership dues. Commissioner Carollo: A month? Mr. Koster: Now there's, at times, there's initiation fees, assessments, and other things. Vice Chair Russell: $140 per what period of time? Mr. Koster: Per month. Commissioner Carollo: And the assessment or initiation fee that you mentioned, how much is it to get in? Mr. Koster: Yeah, the assessments vary based on the fact of what needs are on the property, but initiation fees are $2,800. Commissioner Carollo: $2,800? Mr. Koster: Pardon? Commissioner Carollo: $2,800. Mr. Koster: $2,800 a one-time fee for initiation fee. City of Miami Page 53 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Commissioner Reyes: Is, through the Chair, question. You said that the rent is $I40, regardless of the size of the boat? Mr. Koster: No, that's not talking about a boat. That's irrelevant to the boat size. Commissioner Reyes: I mean, you're talking the fees. Mr. Koster: That's just a membership. That's just a membership. Commissioner Reyes: But then you charge -- Mr. Koster: There's different fees. Looking at this, this is, unfortunately this is some incorrect information in terms of the number of slips we have. Vice Chair Russell: A little closer to the mic, please. Mr. Koster: This, I'm looking at, as long as we're on the subject, this is actually not correct in terms of the number of slips we have, it's -- Commissioner Diaz de la Portilla: What's correct? Mr. Koster: Well, we actually have less wet slips and quite a bit less dry slips. Vice Chair Russell: I believe this is the permitted capacity, not the actual. Mr. Koster: That's the permitted capacity? Okay. Vice Chair Russell: Yes, it's the permitted wet slip dry storage. So that's what would be allowed to be built by permit. Mr. Koster: Interesting. Okay. Alright. Commissioner Watson: Are you a member of this club? Mr. Koster: I am. Commissioner Carollo: How many of your members are city of Miami residents? Mr. Koster: I'm not exactly sure. I didn't come here to speak on behalf of this issue, so I did not show up here prepared to discuss this. Commissioner Carollo: I could understand that. Mr. Koster: I was asked because someone recognized me as a member. Commissioner Carollo: And can we get the information? Mr. Koster: I'm sorry? Commissioner Carollo: Can we get that information to see where your residents are? Mr. Koster: Yes, I believe all that was provided in a recent audit that was just approved through the City. So I saw the results of that and everything was favorable and that was all approved and all the information is in there. Commissioner Carollo: Mr. Barcena, do we have that from them? City of Miami Page 54 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Mr. Barcena: Yes, we'll send you another copy. (INAUDIBLE). Commissioner Carollo: Can you just break it down for us how many other members live in the city of Miami versus those that don't? Mr. Barcena: I don't know if they have their addresses in the audit. Commissioner Carollo: Okay, go to the mic, I can 't. Vice Chair Russell: We need you at a mic, Mr. Barcena. 1 would imagine the audit did not cover. Mr. Barcena: I don't believe they had their addresses on the audit. But I can most certainly work with the club and see if 1 can pull some of that. Mr. Koster: We can provide some of that information in detail. Commissioner Carollo: What I'm truing to show here is that the city of Miami has been losing millions of dollars in revenues throughout the years through providing our best lands to private institutions that service very little the residents of our city. How many residents do you have in your district, Commissioner Watson, that can afford a $2,800 a month -- excuse me, a $2,800 initiation fee and then pay $140 a month? 1 don't think you have that many. Commissioner Watson: There are few. Commissioner Carollo: I certainly don't have that many in my district. I don't think Commissioner Diaz de la Portilla has many. I don't think Commissioner Reyes has many. Even in Commissioner Russell's district, it's the most affluent district of our city. You know, they're not going to be lining up with $2,800 a month. Mr. Koster: It's not $2,800 a month. Commissioner Carollo: Excuse me, initiation -- Mr. Koster: And just to clarify that, those rates were increased to subsidize the youth sailing programs, the veteran sailing programs, and all the Olympic programs. Commissioner Carollo: Yeah, but -- Mr. Koster: So that's why those rates were increased. So the members subsidize all those community programs that take place there. Commissioner Carollo: I understand that, that everybody tells us how much great and good they're doing for our kids and the Olympic program. We got, I don't know how many acres that we gave the Olympic program here that they have also. The bottom line is that if we had to (UNINTELLIGIBLE) for the City to get direct revenue, so many of these properties that we have across the waterfront, some not in the waterfront, we'd be talking about millions of dollars in addition that we'd be having in our City budget. But they have a lease for a certain time, if they're current, and we certainly will respect it if they're current. Vice Chair Russell: Thank you. Mr. Koster: Thank you. Commissioner Carollo: Thank you, sir. City of Miami Page 55 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Mr. Hannon: I'm sorry, Chair, if we could get the speaker's name. Vice Chair Russell: He did say it into the record, but maybe you didn't hear it. Mr. Hannon: I missed it. My apologies. Vice Chair Russell: One more time, your name, please. Mr. Koster: My name is Dave Koster. Vice Chair Russell: Thank you. Commissioner Watson: Mr. Chair, can 1 ask a quick question? Vice Chair Russell: Sure. Commissioner Watson: Mr. Koster was surprised at the numbers that was listed on the presentation. So, are the assumptions made on the allowable amount of permitted slips? Because he was surprised, and I've heard the argument that people are waiting. So what's the difference in what we're looking at, and what are your numbers based on? Mr. Barcena: So every marina gets an MOP, it's an acronym for Marina Operating Permit. And Miami Yacht Club is permitted for these amount of slips, so they probably have something smaller (UNINTELLIGIBLE) but they're allowed to have 40 wet slips and 172 dry slips. Vice Chair Russell: But the NOI you've projected is as if we built out to the maximum permitted? Mr. Barcena: Absolutely. Vice Chair Russell: So it's not under the infrastructure that's there today? Mr. Barcena: Correct. Vice Chair Russell: Okay, so a little not apples to oranges, but I get what you're saying. Mr. Barcena: Yeah, I'll explain that. We have to do a little bit of infrastructure in that. Vice Chair Russell: Does that answer your question, Commissioner? Yeah, good point. Thank you. Next one. Mr. Barcena: Next slide. It's a Watson Island mooring field. Right now it's actually currently in progress. This is actually right in front of the Miami Yacht Club. They're looking at a completion date in the late fall of 2021. We're deploying 100 mooring balls and the projected NOI is $344,000 a year. And this is based on the proposed rate increase. Vice Chair Russell: Got it: Any questions on the mooring field? Commissioner Reyes: No. Vice Chair Russell: Thank you, Mr. Barcena. Next. City of Miami Page 56 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Mr. Barcena: And then, right now we're looking at the capital projects. So this is right here on the bottom, like you see, we have the Miami Yacht Club at $1.5 million. So we're looking at the capital project proposed and the repayment of these capital projects. Pretty straightforward. Miami Marina, we're looking at grading. It's going to approximately cost us $750,000. Marine Stadium Marina, we're looking for additional dry slips and concrete flooring. It will cost us about a million. Marine Stadium mooring -- mooring field is $315,000 to construct. And that's, the asterisk you see there is the half of it will be by FIND, per Spencer Crowley from earlier. And Miami Yacht Club will be the wet slip repair and reconstruction. It will probably cost us about $1.5 million. Commissioner Carollo: Did 1 miss the rowing club in your presentation? Mr. Barcena: The rowing club is not in my presentation. Commissioner Carollo: Excuse me? Why is it not? Mr. Barcena: Where is the rowing club? Commissioner Carollo: Why is it not in the presentation? Mr. Barcena: Because we're talking like strictly for marinas right now. So and the rowing club doesn't have a marina. Vice Chair Russell: Is it a lease of City of Miami land? Mr. Barcena: Yes, it is. Commissioner Reyes: Yes. Commissioner Carollo: When is that up? Mr. Barcena: Where is it? I'm sorry. Commissioner Carollo: When is it up? Mr. Barcena: When is it up? The lease, I believe it's a holdover I believe. Yeah I believe it's a holdover. It's kind of like what they have at Rickenbacker. Commissioner Carollo: So it does not have a lease? Mr. Barcena: No, it's right now in a current holdover. Vice Chair Russell: Month to month? Mr. Barcena: Month to month, yes, sir. So I can get you the specifics at the conclusion of this meeting. Commissioner Diaz de la Portilla: Is there any other venue at any of these places that are holdover, month to month leases? Mr. Barcena: Right now that I'm presenting -- no, no. What I have right here -- Commissioner Diaz de la Portilla: There's no restaurant or anything? Mr. Barcena: The restaurant -- I can get you -- City of Miami Page 57 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Commissioner Diaz de la Portilla: Any venue. Mr. Barcena: Okay. Commissioner Diaz de la Portilla: Any venue, any establishment or location -- Mr. Barcena: Understood. Commissioner Diaz de la Portilla: -- that has a holdover month to month lease. Mr. Barcena: Understood. 1 can get you that list. I have a -- Commissioner Diaz de la Portilla: Are there off the top of your head? Do you know of any? Mr. Barcena: Off the top of my head, I believe there is a restaurant on Virginia Key that is on a holdover as well. But I can more than -- I'd be more than happy to share that list of all the leases that are in holdover. I don't have that in front of me. Commissioner Carollo: You don't want to mess with it. It's a family, it's an admirer of yours. Commissioner Diaz de la Portilla: I'm wondering who they are, but there's also a whole bunch of 17 years 1 think they've been there, right? And there's also a whole bunch of other places, right? A little shop there, Rickenbacker too, has a couple of other places. Mr. Barcena: Yeah, there are a few with holdovers. And yeah, I'd be more than happy -- my apologies, I wasn't prepared for that so I can definitely get that for you. Commissioner Diaz de la Portilla: And the rowing club, how much do they pay a month? Mr. Barcena: The rowing club is -- you have those numbers or anything for me? The rowing club, I can get that for you. Right now, the rowing club is actually, it's a parks, it's a parks building, but -- Vice Chair Russell: So it's not managed by DREAM, it's a parks amenity. Mr. Barcena: It's a parks -- yeah, it's a parks building -- Vice Chair Russell: It's' different. Mr. Barcena: -- but I can get you the figures for that, for the rowing club and what they pay. Commissioner Diaz de la Portilla: You don't know it off the top of your head? Mr. Barcena: Off the top of my head, I can't throw a number Ibr you, sir. Commissioner Carollo: We got to start our own club, the Five Guys Club. We could get waterfront land, we could do initiations, all kinds of things. Vice Chair Russell: I don't have a boat. Who has a boat? Commissioner Carollo: Yeah. I'll take a cay. City of Miami Page 58 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Commissioner Diaz de la Portilla: And pay like $2, 500 a month or something. Mr. Barcena: But yes, I'll get you those -- the leases. 1 don't have the, 1 was presented for the marinas. 171 get that to your office as well. Vice Chair Russell: Thank you. I mean, the bottom line is we have to decide from a policy perspective which of these assets are meant to be a service to the community, like a parks amenity, which are meant to be big money generators that we really want to count on to our bottom line and how they should be managed. I think that was the crux of this whole discussion is whether or not we should stay status quo. We have some that are privately managed, some that are publicly managed. We -- the elephant in the room, we still haven't decided what to do with the Rickenbacker Marina, which 1 don't know if you'd consider that a holdover tenant, but they're under a settlement as an extended lease. Mr. Barcena: Yeah, settlement agreement. Vice Chair Russell: We should, at some point, come to some policy decisions about what to do. Commissioner Carollo: I agree. One other thing you could do fbr us, because this is part of the equation. Whatever leases we have out there that you haven't brought up because they might be longer than 5 years before they're due, include that in sending that to us, the list of all of them that are waterfront or right by the waterfront, so that one of the questions that Commissioner Russell asked, we could better be in a position to answer. Because there's a lot more clubs out there, yacht clubs or whatever kind of clubs in the waterfront that are not up here because the leases don't run out until much later. In fact, there was one that just before I got elected, they rushed right through so they could give it, I don't know how many decades more. And this is the kind of stuff that we should put all out so we could all see, the residents could see just how many private institutions that we have out there that are really being subsidized by the residents. Now, you know, you have some that I understand, and 171 give you the name of one, the one right next to the supermarket that we have here in the Grove. You know, they do a lot of good, truly for kids. Now, I don't know where some of the other money goes, but there I see a lot of kids, inner-city, that go there a lot. I could understand having some like this, but, you know, we're having so many. And then I know that I'm going to see that the vast majority of the people are not city residents. And frankly, not trying to come down on anybody, but when I hear $2,800 initiation fees, not a heck of a lot of people in our city that can afford that. I mean, these are clubs for people that are wealthy. And we shouldn't be subsidizing anything. And we need to put all of these waterfront properties to a better use so we could gain recurring revenue and be able to provide more service to our residents and still lower the taxes. Commissioner Reyes: I want to add to what Commissioner Carollo is saying. Vice Chair Russell. Commissioner Reyes. Commissioner Reyes: That according to this presentation, definitely we are losing a lot of money. And those funds can be used for the benefit of our residents, as you well know. And I believe, and it has been my opinion all along, that we should manage our marinas in-house, try to manage marinas in-house and be aware of those leases that they are coming up, and decide if we should renew them or if we should take over the marinas. I think that we have to do that for all the marinas, all the marinas, including Rickenbacker. And that was my position when we were discussing who to give it -- I mean, vote, who should get it. And that was my position then, and it's my position now. Until I'm proven wrong, I believe that it would be to the benefit of the city of City of Miami Page 59 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Miami and the residents of the city of Miami that we keep our marinas and we obtain the highest revenues, then we're going to have, if we just do an RFP and then we have to deal with all of that, and we have to provide a 10, 15, 20 years lease. I'm not much of a fan of those kinds of leases because when they start going bad and they start going south, we are really, I mean we are chained to those leases. So I think we should give it a try, fellow Commissioners. I think we should give it a try. And let's give it a try and see if it works and how can we prosper. I can see here in this summary that even when we incur some capital projects, you see, we can cover those capital projects and also obtain profits, pay for them in the first year and still have them -- in year one, stabilize it, and in year two we will be making money. That's from my -- marina, you see, I mean, just use one example. So we can cover, you see, from the additional funds that we're going to receive, which are, I mean because of the increase in fees, we will be able to cover the capital improvements required. And also, 1 would suggest that we might even be able to develop a reserve, a reserve for any eventuality, anything that happens that we can immediately cover those additional expenses that in the future will come. That is my position, you see. That is my position. And if you want a resolution, I'm going to move it. Vice Chair Russell: There's been a motion, butl would -- Commissioner Reyes: There's a motion? Vice Chair Russell: There's a motion to take all of our private marinas public. Is that the motion? To bring them into the City management. Commissioner Reyes: That's right. Vice Chair Russell: But many of them have existing leases that are not in default. Commissioner Reyes: If the leases are not in default, well, we will keep on going. When the leases do, then we -- we will see it -- I mean, we will analyze it. Vice Chair Russell: Got it. Commissioner Reyes: Because being the City of Miami Marina; we can offer even to our residents benefits. You see, we can have different rates with residents of the city of Miami and non-residents, you see? You understand? Vice Chair Russell: Understood. Commissioner Reyes: We have the flexibility of doing whatever we want: Okay. And that will be my motion. Vice Chair Russell: There's a motion. Commissioner Reyes: Otherwise -- Vice Chair Russell: There's a motion. Is there a second? Commissioner Diaz de la Portilla: I'll second it for discussion. Vice Chair Russell: Seconded for discussion by Commissioner Diaz de la Portilla. I'm personally -- I've seen it done well both ways. I think Dinner Key Marina is managed well from a customer service perspective. There's some things on deferred maintenance, you know, we have the new office building and inside the bathroom, the last time I was in there, there's still -- there's already rusting and things like that, you know, sometimes, but we manage that marina well and it does produce a good City of Miami Page 60 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 revenue for us. But then 1 look at also other cases where the private situation has worked out perfectly. If you look at Monty's Marina, they went through an extension of their lease, they went to the voters, they got insurance money after the hurricane, they had their marinas up and running within a year, year and a half they have two restaurants and office space and services, and we don't have the liability or headache of dealing with it as a City Administration, yet we receive good financial compensation for it, and our residents have a great amenity, and they have customers which are, you know, good voters. Commissioner Reyes: I don't think, I mean, if they're doing that well, we shouldn't be - - but we also have cases that it doesn't, it wasn't doing that well. Vice Chair Russell: It's true. Commissioner Reyes: And those are the ones that I think that we should keep and try - - when you talk about restaurants, you see one big mistake that I think that we did, when we are RFPing a project like Rickenbacker, we 're including those projects, you see restaurants and everything. I think that it should be divorced I mean, between developing retail and a restaurant. Retail not related to marine, okay? And the marine part. The marine part should be marine part, you see? What we're doing, we should administer that. If we want to, I mean, this will not tie our hands because, let's say, let's take Rickenbacker, for example. If we want to make a development there, development -- develop the restaurants and retail, we can RFP for that particular activity. And I bet you that what we are going to get, people that are going to answer that RFP are people that are experts in restaurant management, not people that are experts in marine management, I mean, marinas management, that are now as a -- I mean, now they are, we're forcing them to go into the restaurant business, you see? Vice Chair Russell: Yeah. I don't want to go into the restaurant business. As a city, I don't want to go into the restaurant business. Commissioner Reyes: No, I don't want to go there either. I don't want to go there either, but what I'm saying, we can, I mean, if we're going to develop that area, we can do it, you see? And I think that's the way it should be. Because you give more opportunity to everybody that is in that type of business to try to get it, I mean, try to establish themselves there. And you get, I mean, let me tell you this. If we're talking about our population, you see, we know a lot of people from different neighborhoods that they are restaurant businesses. But when you try -- if they try to establish themselves in that area, and you're tying that area, you see, to a marina, they don't know anything about marinas. So those people that cannot come and compete for that, I mean, with other people, for the possibility of establishing themselves there, you see? And that goes to all kinds -- every segment of our society in the city of Miami, would say Cubans, Afro-Americans, would say Americans, whatever, that they are in the restaurant businesses, you see? I think that it would be more effective and more efficient if we divorce them and we separate them. And now what we can do, it is we separate the marinas, we take care of the marinas, and if we want to develop the surrounding areas and I'm trying to make it attractive, I try to bring restaurants, I try to bring retail there, then we will RFP that so we can get people that are versed, people that are experts in that field to compete for that. And that is my opinion, I might be wrong, butt think that it is logical. Commissioner Carollo: What 1 think that, in as far as restaurants that happen to be in marina properties, we should really look at doing a hybrid. If we're going to put them out for any kind of bid or proposal I think we should give whoever is going to participate the opportunity to bid, not just in the marina side operations, but also in the restaurant part with this caveat, that they put out separately what they're offering to us on the restaurant side, and we have the option to accepting both marina City of Miami Page 61 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 operation and restaurant, or if we have a proposal that's higher or better just for the restaurant side, that we should open that up so that people that are just restaurateurs, like you say, could also apply to it, we could have the option of picking one or the other. Commissioner Reyes: Well, that makes sense, but -- but what I want to do is I want to open up the opportunity to people that they have nothing to do with the marina and they want to establish themselves as a good restaurant. Commissioner Carollo: That's what I'm saying. Commissioner Reyes: Yes, that's what I'm saying. Commissioner Carollo: But you're giving the opportunity also -- Commissioner Reyes: Yeah. Commissioner Carollo: -- to a marina operator to bid on it in a package, but a package that is going to be clear would be separated, that we could accept or not accept both, and that they have to break down what they're offering on the marina side versus the restaurant side separately. This way, we have the best of all worlds in what we're doing. And now I think the staff has done the best that they can, but 1 have a lot of questions that are not answered, nor do I feel the staff can answer. I'm not in a position to vote for one or the other. I think that there has to be a lot more thorough study on this. In fact, we might have to go to an outside company to really give us numbers from the top professionals that we could get. What we've done in some other projects that we've had up to three companies giving us estimates has been constructive. I'm not saying that we need to go out for three companies for this, but we could get one good company in the field, a Deloitte & Touche for instance, that has professionals in this area, and let them, based upon what we tell them that we want, let them analyze it for us and tell us what we could get out of it based on A, B, and C and how much someone would have to spend there. Or how much we could get out of it ourselves if we do A, B, and C and the cost of that. So I'm not ready to vote for any motion either on putting things out to bid and privatizing or just keeping everything and we run everything ourselves. I think we need to be open-minded and wise, and we really have to look at the best route that we could go. I already mentioned a story that I lived one time, that I was painting the story that by keeping a dry dock marina, we were going to make so much more, and in fact, it never, never came to that in the 20 plus years since. But that doesn't mean that in others it may not be so. So this is why I would suggest that every one of us thinks this through more, ask questions, and then sit with the Manager, sit with our professionals at DREAM and the marine side, and then we can come at some time in the future and decide how we're moving forward in this. Commissioner Reyes: I don't think that bringing an outside consultant it is -- goes against what I'm proposing. What I'm proposing is for the time being, we keep it, and iffirrther analysis is due, you see, it is requested, then we'll do it. But we have to make a decision one way or the other. I mean, we cannot leave it like this. I mean, we have to make a decision. And I definitely will accept that we include, that we -- that we keep it the way that it is now, withdrawing it, and until an in-depth analysis is performed by a group or a firm that it is an expert in marinas. And when the report is due, then we decide if maybe, maybe -- and that is a good idea because maybe it would be more, more convenient, more profitable for us to outsource one of the marinas than the other. Vice Chair Russell: Right, so a case -by -case basis. City of Miami Page 62 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Commissioner Reyes: That's right, a case -by -case. Vice Chair Russell: So your original motion, though, was to try to bring all of them -- Commissioner Reyes: Absolutely. Vice Chair Russell: -- to the City's management as -- Commissioner Reyes: What I'm saying is, as it is now, what we have now, let's keep it. Let's do it. Let's keep it. And, and we will, I mean, until an in-depth analysis is made, a case -by -case marina, by outside sources and outside consultants, and we will analyze what their recommendation is. Commissioner Carollo: I think I'm understanding better your motion. Your motion is that those marinas or waterfront properties that the City is presently -- Commissioner Reyes: Presently. Commissioner Carollo: -- managing, -- Commissioner Reyes: That's right. Commissioner Carollo: -- that we keep managing in the meantime. Commissioner Reyes: In the meantime. Until an -- and -- if it is, if it -- and it makes sense, you know. Okay, nothing against you, (UNINTELLIGIBLE). I mean, you have done an excellent job. Let me tell you, I congratulate you. I congratulate you, and this is a very, very in-depth analysis, what you have made. If you would have been one of my students when I was teaching economics, I would give you an A for it. You see, it is an A. Commissioner Carollo: You're going overboard now. It's going to go to their heads. They're going to want a raise. Commissioner Reyes: Okay. No, no. No raise. No raise. Okay. But if we are -- just to - - I mean, for in case there is any doubt, to clear any doubt, we -- I mean we want to have additional input from outside sources, you see? Well, let's do it. Let's do it. Let's do it. And I don't know, the only thing that I will request is that any company that it is picked to analyze case by case the marinas, that that company, it is -- has expertise in, I mean, marinas accounting and marinas operation. Vice Chair Russell: So, for my part, we've had some -- so, your resolution is broad - reaching on various, all the waterfront assets, and most of them are not, you know, the leases aren't up for quite a while. So, really, the only one that's imminent, that's on our table right now is the Rickenbacker. And so I'd say let's just talk about it in that context. Let's talk about what to do with that marina. We have a couple choices. We either try, to take it back to the City, which has its legal challenges because the way the settlement is written. Number two would be to RFP again and put it out there and see who applies. Number three might be to find a way to work with the current tenant, if that way exists, from a legal and procedural mechanism. But we should decide something because nobody is able to invest in that property right now until we set that course, and so -- Commissioner Carollo: What was the amount that you were anticipating making this year in the dry docks in that property, the part that the City runs? Mr. Barcena: Anticipated approximately about NOI $600, 000. City of Miami Page 63 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Commissioner Carollo: How much? Mr. Barcena: NOI $600,000, roughly around there. Commissioner Carollo: $600,000. Mr. Barcena: Correct, (INAUDIBLE) -- Commissioner Carollo: And what they were paying before that I forced them to have paid it for a time being and they didn't have use of it was a million two. Vice Chair Russell: That's the Rickenbacker, not the dry docks. Commissioner Carollo: Yeah, but I'm talking for the dry docks. Mr. Barcena: For the Marine Stadium Marina? Commissioner Carollo: The dry docks. Mr. Barcena: Yeah, Marine Stadium Marina. We're expected to project it around 600, 000. Commissioner Carollo: 600, but they were paying us before. Commissioner Diaz de la Portilla: Two different. He's talking about two different things. Commissioner Carollo: An additional amount that really made up for that. But anyway. Commissioner Reyes: Let me ask you, just one thing that you said, Mr. Chair. Madam City Attorney, what are the legal impediments for the City of Miami to take over Rickenbacker? Ms. Mendez: You're asking me what is the legal impediment to taking over the marina? Commissioner Reyes: Yes. Ms. Mendez: Okay, if the marina is going to be run by the City, the City can take it over. Commissioner Reyes: What? Ms. Mendez: If the marina, if the marina will be run by the City, the City can take it over. Commissioner Reyes: Can take it over, that's what I'm saying. There's no legal impediment. Vice Chair Russell: My understanding of the wording in the settlement is that -- Ms. Mendez: You and I disagree on the wording of the settlement. City of Miami Page 64 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Vice Chair Russell: Let's put it out there though, because the way the -- could you read the wording of the settlement? It has something to do with, until we award to another, they are entrenched. Ms. Mendez: No. At the time of that settlement, we were in the previous RFP. Vice Chair Russell: Okay. Ms. Mendez: And that was until we awarded in that previous RFP. That previous RFP was thrown out. We proceeded to do another RFP. Out of the kindness of our heart, we allowed them to stay there while we figured things out. That RFP has now also gone away. Vice Chair Russell: Does the settlement -- Ms. Mendez: They are not entitled to stay there in perpetuity. Vice Chair Russell: Does the settlement expressly state that the award referenced that would kick them off is that RFP versus a future RFP? Ms. Mendez: It was the RFP -- it didn't say a future RFP. It said RFP. That was the present RFP that we were in. Obviously, we're going to litigate this issue. But our interpretation is that the City can do with its property what it wants to. The City can take over this property and run this property. No tenant will tell us what we could do with our own property. Now, we can't -- Vice Chair Russell: Some tenants have legal rights under the term of a lease. Ms. Mendez: Now, we cannot, they're a holdover tenant. We cannot technically now use it as a subterfuge, take it away from them and give it to somebody else. That probably -- they would say, oh, you never intended to award an RFP, that is not true. But we can take it over and run it ourselves. We are the landowners, we're the landlords, we can run it ourselves. Vice Chair Russell: Got it. Ms. Mendez: But of course it will be an issue of litigation. Vice Chair Russell: Yeah, I'd like to study that settlement to really understand our potential exposure. At the end of the day, we need to decide what we would like to do and see if it's achievable. Tenants do have rights under their leases and under settlements. I just want to see that we're not violating those rights, that there is a clear path. Because if we're just in litigation for years, we're not going to get anything done either. Commissioner Diaz de la Portilla: Well. Vice Chair Russell: You're recognized. Commissioner Diaz de la Portilla: We've been in litigation for years on many subjects, on different issues. I tend to trust -- I do trust, I rely on my city attorney to tell me what the legal likelihood that we prevail in such a venture, we undertake such a venture. What's our legal likelihood that we prevail? Ms. Mendez: With anything, telling you a legal likelihood is always -- Commissioner Diaz de la Portilla: That's why I didn't ask you a percentage, yeah -- City of Miami Page 65 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Ms. Mendez: Right. There's always a 50-50 chance on anything, but I do want to say that it is our property and -- and they are not allowed to stay there in perpetuity. It's just -- that's not the arrangement that has been made. There's referendum requirements and all that. So at the end of the day, they can't just stay there. We would have to -- there is a referendum, there's a charter. Commissioner Carollo: Madam City Attorney, I think you're correct in your statement that it's our property. That's the bottom line. It's our property and we have certain rights. Saying that, how many years, if somebody could tell me -- Ms. Mendez: Commissioner, can you get closer? Commissioner Carollo: How many years did we go through two requests Jro proposal, the first one having to be thrown out because it was faulty, and frankly the second one was faulty, too. How many years did we go through that whole process? Does anybody know? Because I wasn't around when it started. Ms. Mendez: About six years. Mr. Barcena: Yeah, about six years. Ms. Mendez: Six years. Commissioner Carollo: Okay six years. I -- and at the end of the day, the amounts that were offered were clear in what we were being offered on both sides. We had people that we put in, or should I say the previous administration put in, and they decided to go for one over the other, but the amounts were pretty much there. As far as I'm concerned in that area, I've seen what the City has done in 20-plus years in running the dry dock marina next door. We have not shown, in over two decades, that we have done a good job there. I'm going to reserve my feelings on this marina here and Miami Marina, because frankly I want to look more into it. I think there's a lot of meat that still is on the table that we haven't gotten here. Now, for the life of me over there, I can't imagine that the guy that's losing money, worse than a drunken sailor is going to take over the other business for the guy that's making money. It doesn't make sense. There's no logic to it. Instead of waiting another 3 or 4 years for more requests for proposals, a different make-up of the Commission, and everything else. I will tell you right now, if we get the top money that has been offered by anybody there in all these requests for proposals, whether the first one, the second one, and then some additional money on top of that, I'm willing to let them come in, proffer to this City a proposal, let them go to a referendum, and if the public wants to approve it, so be it. If they want to deny it, so be it. But at least we're going to get a lot more money quicker than having to wait numerous more years. And at the same time, we will get, hopefully if it's approved, substantial investment in that area. But if the public wants to deny it, they have their right to. And by the way, this is no different than numerous projects that we have done and have done recently. This is how the Melreese Golf Course was done and others. Vice Chair Russell: What would be the mechanism for that? Commissioner Carollo: Well, the mechanism is that if the operators of that marina want to bring this, if they want to do it, bring a proposal to this City Commission, they could bring it up and we could put it up for a referendum for it to be approved up or down. Vice Chair Russell: Madam City Attorney, so that would be -- City of Miami Page 66 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 (MULTIPLE PARTIES SPEAKING IN UNISON) Vice Chair Russell: Madam City Attorney, so that would be an unsolicited offer after which -- Commissioner Carollo: That's what it's called, unsolicited offer. Ms. Mendez: Okay, so then there's -- I'm hearing two things, so I need to -- Vice Chair Russell: The motion on the floor is a completely separate proposal. Commissioner Carollo: No, no, no, this got, 1 didn't make a motion. Vice Chair Russell: Correct. Commissioner Reyes: No, I made the motion -- Vice Chair Russell: No, Commissioner Reyes 's motion is still on the floor, but this is a different item, we're just feeling it out. Commissioner Reyes: But this -- I mean we got to follow the process, you see. That is not the process. Either we go for an RFP, okay, we go for an RFP, and if we go for an RFP, 1 definitely will prefer that we do an audit and we do -- 1 mean, we get some professionals that could guide us on how much -- what is the potential of revenues from that and how much can we ask so we can place some parameters in that area. Do you understand? That's something that I would like, and that was what you were referring before, Commissioner Carollo, that you want to know what is the potential. You want to know what is the potential. Ms. Mendez: So, I -- Commissioner Reyes: So we can hire somebody, find the potential and place some parameters and whatever you can give us on top of that and let's see how we can, and then we have competition. Commissioner Carollo: The difference is that in all the others that we're discussing here, this is the first time that it's been up for discussion. There's no parameters. And this other one, for over six years, we've had parameters, we've had people looking at it, and we still keep going around and around and around. Commissioner Reyes: But Joe, people, I mean, I went in and with all due respect of people that really analyzed and they were the ones that evaluated that -- those RFPs, none of them had any type of expertise in marinas. None of them. I mean, look at it. I went one by one. None of them had expertise. What I'm saying is we should be -- get some professional guidance and then let's go for an RFP. Because that way we are not violating the process unless they come, somebody comes with an unsolicited proposal, they go through the route, because Melreese didn't do that, they go through the route, they deposit money with the City Cleric, you see, because there is some -- there is a route that you do when you have an unsolicited proposal. That we didn't do it and they didn't do it and that was one of my arguments. But anybody is welcome to do an unsolicited proposal -- unsolicited proposal, follow the steps that you have to follow and then come to us and then we could say okay but we want this much, we want this, we want that. Vice Chair Russell: Those steps have failed, and it's lost us six years on this asset. City of Miami Page 67 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Commissioner Reyes: I mean that way, listen, it is ridiculous, and you know one thing that 1 am afraid is that doesn't matter what we do, we're going to be challenged in court. Vice Chair Russell: You're recognized Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Thank you. Madam Attorney, if we take this marina back, does anything preclude us from following, you know, instituting a process, a regular RFP process Commissioner Reyes spoke about moving forward after we take it back? Are they mutually exclusive? Commissioner Carollo: No. Commissioner Diaz de la Portilla: So we can, including the current operator, can come and compete whatever process we decide as a commission moving forward. But we can take it back hypothetically, own it as our land as you say, and then we can establish a process, RFP process, there could be an unsolicited bid that could come in, whatever happens, including from the current operator or any other operators, it could just be a regular competitive process. But taking it back doesn't preclude us from doing any of those things moving forward, is that correct? Ms. Mendez: Right. So taking the property back and then the City figuring out what it's going to do in the fixture is an option. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Madam City Attorney, one question that I want to -- if we take - - if we go into an RFP after denying the previous RFP, we go into an RFP again, or we go, or we go into unsolicited proposal. Are we opening ourselves into litigation from the company that was the winner of the -- of the -- of that RFP and we voted against giving it to anybody. Ms. Mendez: No, if you're going to go through a regular RFP process, that -- there's no situation with that. Commissioner Reyes: Because it was my understanding from before that if we did that, we went that route, we said, well, we're not going to do anything. Okay. Ms. Mendez.: Well, what has happened -- right. So what has happened since -- you know, that RFP is gone. It's gone. Commissioner Reyes: Okay. Ms. Mendez: You decided to not award it to anyone. So that RFP is done with and now you are deciding as the body to figure out what you're going to do next with that asset. So whether you want to take it back, keep it for a while, figure out what you're going to do, that's one option. Commissioner Reyes: Well, that was -- Ms. Mendez: But -- which is the one that you had described. Commissioner Reyes: That was my understanding, is that we should take it, keep it for a while, and then RFP -- Ms. Mendez: Right, and figure out -- City of Miami Page 68 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 Commissioner Reyes: -- it in order to avoid litigation from the other company. Ms. Mendez: In order to figure out what you are going to do with the asset. But 1 just want to be clear because there's a lot of different ideas going, and I just want to make sure that you know the different ideas. So, one thing you could do is definitely an RFP. You're always entitled to do an RFP. Another thing you could do is an unsolicited proposal. That is always an option as well. And then the other thing that 1 think was getting conflated with the unsolicited proposal is what you have done in the past with the Rusty Pelican and the Dade Heritage Trust and those things, which is a charter carve -out. And that is separate and apart from an unsolicited proposal. So, I want to make sure that you know all the different options that you can do with any type of property, but -- so. Commissioner Reyes: Also, can we take over and hire a management company? Ms. Mendez: So the management company is a little different because it depends if you hire the management company, as a revocable type license that you can end at any time. That shouldn't be a problem. Commissioner Reyes: In order of continuity, that we have somebody there that can keep the marina going, can we -- that depends if they will accept it or not, can we take it over, hire the actual administrators, I mean the management company, 1 mean the people that are there, as a management company, while we either place this in -- I mean, in an RFP or they can, whoever wants to come in with unsolicited proposal. Can we do that? Ms. Mendez: Hire the present people that are there as a management company? Commissioner Reyes: Yes, we can do that. I don't know if they will accept it. I'm just -- I'm just throwing ideas. Ms. Mendez: I would need to just think about that a little further. I don't have that answer for you right now. Commissioner Reyes: Okay. Commissioner Carollo: Well, I'm going to be very clear what I'm not going to be voting in favor of. I will not vote in favor of to bring a management team, which is the City, to run the dry dock portion of that marina, and for that matter, the wet slip portion of that marina, where they have clearly stated to me that even in their best estimates, which might be high, they're going to make for us half of what these other people have made or have been willing to pay us for our dry dock portion. That doesn't make sense to me whatsoever. Commissioner Reyes: No but I'm going -- let me explain a little bit slower, because it might be confusing. What I'm saying is, I'm just throwing ideas. I'm not saying that in favor. You know, in order to make -- Commissioner Carollo: We're going to lose money. That's what I'm saying. Commissioner Reyes: No, no, no, no. But, but we're making money with the people that are managing now. But they will be. Commissioner Carollo: More than -- Commissioner Reyes: No, they will be -- they will be -- they will be the management company. They will be -- no, no, no, not somebody else. They will keep managing until City of Miami Page 69 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 we decide what's going on. 1 mean until it goes into an RFP or we decide to take it over or we are having, or, I mean, we have an unsolicited proposal. The way that it should be done, you see, I mean they can come in with an unsolicited proposal and -- and take all the steps of unsolicited proposal, you see? Commissioner Carollo: Okay, can we do this here, because you have a valid question. The City Attorney says she's got to study it more. Commissioner Reyes: Okay, let's wait until she comes back. Commissioner Carollo: Let her bring it back. Commissioner Reyes: Yeah, fine. Commissioner Carollo: Have her study it, give you the information, all of us. Commissioner Reyes: Okay. Commissioner Carollo: And we take it up then. Commissioner Reyes: Okay, let's do that. Vice Chair Russell: Alright, so is there a withdrawal of the motion? Commissioner Reyes: I withdraw the motion. Vice Chair Russell: Motion withdrawn. Commissioner Reyes: I just want to finalize this because since the day that I was sworn in, we've been kicking this can all over the place. Vice Chair Russell: Agreed. Commissioner Reyes: And it's about time that we finish this. Vice Chair Russell: Agreed. Commissioner Reyes: It's about time. Whatever decision -- Vice Chair Russell: That we agree on. Commissioner Reyes: -- we're going to make, whatever decision we're going to make, it's about time that we are. Vice Chair Russell: Got it. Commissioner Reyes: Because we've been kicking this can all over. Vice Chair Russell: Alright. Is there any action to be taken on the discussion item? I have one last item, just as a direction to the Management, please. In the Coconut Grove section, and there's several marinas we didn't bring up in this analysis, the ones that hold the current leases, Grove Bay, Grove Harbor, everything from here to Monty's, basically, waterfront access on the Baywalk has been completely disrupted by the construction and residents would like to know when that can open. So, do we have a projected date for when there will be waterfront access on the Baywalk from. here to that point? City of Miami Page 70 Printed on 10/21/2024 City Commission Meeting Minutes May 6, 2021 ADJOURNMENT Mr. Barcena: It should be later -- late this fall, 2021, for the construction -- the reconstruction of Dinner Key Marina. Vice Chair Russell: All will be open this summer? Mr. Barcena: Yeah, the reconstruction of Dinner Key Marina should be done. Vice Chair Russell: Got it, and the gate that's between -- right next to Monty's' and Grove Harbor has been closed during the day. Is there a reason for that? Residents are asking why. Mr. Barcena: I do not know. Vice Chair Russell: So within their lease, they're supposed to keep the Baywalk open during business hours, correct? Mr. Barcena: I believe so, yes. Vice Chair Russell: Okay. I'd like to see if we can get that enforced. Mr. Barcena: But I do not know why they had it closed. I can look into that for you. Vice Chair Russell: Alright. Thank you. Any further discussion on any of the items? All right, everyone, thank you very much. Commissioner Reyes: Thanks to you guys. Thank you very much. Vice Chair Russell: We are adjourned. Thank you very much. Adjourned. END OF SPECIAL MEETING The meeting adjourned at 4:43 p.m. City of Miami Page 71 Printed on 10/21/2024