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HomeMy WebLinkAboutCC 2021-09-23 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, September 23, 2021 9:00 AM City Commission Meeting City Hall City Commission Francis X. Suarez, Mayor Ken Russell, Vice Chair, District Two Alex Diaz de la Portilla, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Jeffrey Watson, Commissioner, District Five Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes September 23, 2021 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chair Russell, Commissioner Diaz de la Portilla, Commissioner Carollo, Commissioner Reyes and Commissioner Watson On the 23' day of September 2021, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Vice Chair Russell at 9:35 a.m., recessed at 12: 56 p.m., reconvened at 4:08 p.m., and adjourned at 6: 04 p.m. Note for the Record: Commissioner Watson entered the Commission chambers at 9:39 a.m., Commissioner Diaz de la Portilla entered the Commission chambers at 9:56 a.m., and Commissioner Carollo entered the Commission chambers at 10:03 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Vice Chair Russell: Good morning, everyone. Good morning. Welcome to the September 23, 2021 meeting of the City of Miami Commission in these historic chambers. Procedures for the public comment will be explained by the City Attorney shortly. Procedures for the swearing in of for the Planning and Zoning and/or quasi-judicial items will be explained by the City Clerk. The members of the City Commission appearing before this meeting are Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes, Jeffrey Watson, and me, Ken Russell. Also appearing are City Manager Art Noriega, City Attorney Victoria Mendez, and City Clerk Todd Hannon. The meeting will be opened with a prayer by Commissioner Reyes, and I will lead you in the Pledge ofAllegiance. Please stand. Invocation and Pledge of Allegiance delivered. Vice Chair Russell: Thank you. You may be seated. City of Miami Page 1 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 PART A - NON -PLANNING AND ZONING ITEM(S) PR - PRESENTATIONS AND PROCLAMATIONS PR.1 9544 PROTOCOL ITEM Honoree Presenter Protocol Item Todd B. Hannon, City Clerk Mayor Suarez and Commissioners Birthday Recognition Diaper Needs Awareness Week Mayor Suarez and Commissioner Reyes Proclamation City of Miami Procurement Mayor Suarez Certificate of Merit RESULT: PRESENTED 1) Mayor Suarez and Commissioners paused in their deliberations to celebrate City of Miami Clerk Todd B. Hannon's Birthday. Elected Officials, Staff and members of the public sang "Happy Birthday" and presented him with a cake along with well wishes. 2) Mayor Suarez and Commissioners presented a Certificate of Merit to the City of Miami's Department of Procurement in recognition of obtaining the Accreditation of Quality Public Procurement Departments (QPPD) award, presented by the National Institute of Governmental Purchasing (NIGP). The QPPD award recognizes excellence in public procurement using evaluation criteria that is based on the standards and best practices of the public procurement profession. Elected Officials paused in their deliberations to commend the department and its employees. 3) Mayor Suarez and Commissioners presented a Proclamation to Miami Diaper Bank, an organization that recognizes the importance of diapers to ensure the health and economic stability of families. Miami Diaper Bank along with other diaper banks continue to collect and distribute diapers to support children and families in need. Elected Officials paused in their deliberations to thank diaper banks, their staff volunteers and donors for their courageous services during the Novel Coronavirus 2019 ("COVID-19) pandemic and to encourage residents of the City to support diaper banks and drives; further proclaiming the week of September 27 to October 3, 2021, as "Diaper Needs Awareness Week in the City of Miami". Vice Chair Russell: All right, excellent. I think we can leave the chairs. We have some protocol items at this point. Commissioner Reyes: Protocol. Vice Chair Russell: Yes, we need to recognize some folks. Presentations made. City of Miami Page 2 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 ORDER OF THE DAY Vice Chair Russell: Good morning, Madam City Attorney. Please state the procedures to be followed during this meeting. Victoria Mendez (City Attorney): Good morning, Chair. Good morning, Commissioners. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the Code of the City of Miami must register with the City Clerk and comply with 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 ofthe Code section about lobbyists is available at the City Clerk's Office or online at wwwmunicode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this code section is available at the Office of the City Clerk or online at www.municode.com. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing any consideration provided or committed to by anyone to support or withhold objection pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. In accordance with Section 2-33(f) and (g) of the City Code, the agenda and material for each item on the agenda is available during business hours and at the Clerk's Office and online 24 hours a day at www.miamigov com. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission unless modified by the Chair. Public comment will begin at approximately 9:00 a.m. and remain open until public comment is closed by the Chair. Members of the public wishing to address the body may do so by submitting written comments via the online comment form. Please visit www.miamigovcom/meetinginstructions for detailed instructions on how to provide public comment. The comments submitted through the comment form will be distributed to the elected officials and City Administration throughout the day so as the elected officials can consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to the elected officials up until the Chair closes the public comment. Public comment may also be provided live at City Hall located at 3500 Pan American Drive, subject to any and all City rules that may be amended. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken about. 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, public support, opposition or neutrality on the items and topics to be discussed at the City Commission meeting in compliance with Section 286.0114(4)(c), Florida Statutes. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity and time before the meeting. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. Anyone wishing to appeal any decision made by the City Commission for any item considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or City of Miami Page 3 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 viewed online at www.miamigov.com. PZ (Planning and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance as temporarily modified pursuant to Emergency Ordinances 13903 and 13914. Pursuant to Emergency Ordinance 13903 and 13914, parties for PZ items, including any applicants, appellant, City staff, and any person recognized by the decision making body as a qualified intervener as well as applicants, representatives, and any experts testifying on behalf of the applicant or appellee may either physically be present at City Hall to be sworn in by oath or affirmation or may appear virtually and make arrangements to be sworn in by oath or affirmation in person in their location by a qualified individual to do so. Pursuant to Emergency Ordinance 13903, members of the general public who are not parties to an action pending before the City Commission are not required to be sworn in by oath or affirmation. The members of the City Commission shall disclose any ex-parte communications pursuant to Section 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Ordinance. Staff will briefly present each item to be heard. For applications requiring City Commission approval the applicant will present its application or request to the City Commission. If the applicant agrees with staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order ofpresentation shall be set forth in Miami 21 and the City Code providing the appellant shall speak first. For appeals, the appellant will present its appeal to the City Commission, followed by appellee. Staff will be allowed to make any recommendation they may have. Please silence all cellphones and noise making devices at this point. This meeting shall be viewed on Miami TV, the City's Facebook page, the City's Tvitter page, the City's YouTube channel, and Comcast Channel 77. The broadcast will be closed captioned. Thank you. Vice Chair Russell: Good morning, Me Clerk. Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony to be sworn in for Planning and Zoning items and any quasi-judicial items on today's' City Commission agenda will be as follows. Members of City staff or any other individuals required to be sworn in who are currently present at City Hall will be sworn in by me, the City Clerk, immediately after I finish explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for Planning and Zoning items and/or quasi-judicial items. Pursuant to Emergency Ordinance Number 13903, those individuals appearing remotely may be sworn in at their location by an individual qualified to administer the oath. After you're sworn in, please be sure to complete, sign, and notarize the affidavit provided to you by the City Attorneys' Office. Each individual who will provide testimony must be sworn in and execute an affidavit. Please email a scanned version of the signed affidavit to the City Clerk at thannon@miamigov.com prior to providing testimony on the Planning and Zoning item and/or quasi-judicial item. The affidavit shall be included in the record for the relevant item for which you'll be providing testimony. Commissioners, are you comfortable with all the notice provisions set forth in these Uniform Rules or procedures we have established for this meeting? Vice Chair Russell: Yes. City of Miami Page 4 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Mr. Hannon: Chair, if I may, may I administer the oath for the Planning and Zoning items? Vice Chair Russell: Yes, please. Mr Hannon: Thank you, Chair. Good morning, ladies and gentlemen. Good morning, ladies and gentlemen. If you will be speaking on any of today's Planning and Zoning items, may I please have you stand and raise your right hand. The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony, on zoning items. Mr Hannon: Thank you, Chair: Vice Chair Russell: I'm sorry, Mr Clerk, it's just a little out of order, but if everyone could please stand up and raise your right hand. This is just protocol. Please. Everyone, please, this is very important. I'd like you all to sing Happy Birthday to our Clerk, please. (MULTIPLE PARTIES SPEAKING IN UNISON) Applause. Vice Chair Russell: I'd like to thank the District 4 Office for arranging this, Commissioner Reyes and his team. We're all on Team Todd. Everybody's on Team Todd. Got to love our Clerk. Arthur Noriega (City Manager): Todd, you look great for 70. (COMMENTS MADE OFF THE RECORD) [Later...] Vice Chair Russell: Good morning, Mr Manager. Are there any items that the Administration would like to see deferred, continued, or withdrawn? Arthur Noriega (City Manager): Yes, sir Good morning, Mr. Vice Chairman, Commissioners, Madam City Attorney, Mr. City Clerk. At this time the Administration would like to defer and/or withdraw the following items: RE.3 to be deferred to the October 28th meeting; RE.6 to be indefinitely deferred; RE.7 to be deferred to the October 28th meeting; SR.2 to be deferred to the October 28th meeting; SR.3 to be indefinitely deferred; FR.2 to be indefinitely deferred; FR.3 to be indefinitely deferred; and DI.2 to be indefinitely deferred. On the Planning and Zoning agenda, PZ.5 is to be deferred to October 14th. We also have twopocket items to add to the agenda as well. Vice Chair Russell: We'll hold on the pocket items. Mr Noriega: Okay. City of Miami Page 5 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: Mr Clerk and Commissioners, are you clear on the request of the Administration? Todd B. Hannon (City Clerk): Yes, sir Would you like me to read any co-sponsors? Commissioner Watson: Yes, please. Vice Chair Russell: If you could -- before you read the co -sponsorships just go back through those as you heard them, please. Mr Hannon: Yes, sir RE.3 to be deferred to October 28th; RE.6 to be indefinitely deferred; RE.7 to be deferred to October 28th; SR.2 to be deferred to October 28th; SR.3 to be indefinitely deferred; FR.2 to be indefinitely deferred; FR.3 to be indefinitely deferred; DI.2 to be indefinitely deferred; and PZ.5 to be deferred to October loth. Commissioner Reyes: We lost -- Vice Chair Russell: Sorry. FR.4 was to what date? Mr Hannon: FR -- There's no FR.4 thatl have on my list. Vice Chair Russell: Oh, okay, that's not. Sony. Commissioner Diaz de la Portilla: Mr. Chair, I would like FR.3 to be pulled from that list so we can have a conversation about it a little bit later, on scooters. Vice Chair Russell: So do not defer it at this point? Commissioner Diaz de la Portilla: Yes, sir Vice Chair Russell: Okay. Commissioner Reyes: FR.3? Commissioner Diaz de la Portilla: FR.3. Vice Chair Russell: That's the scooters, yeah. He'd like to take that off of the deferral list for the moment. Commissioner Diaz de la Portilla: And FR.4 is not on the deferral list? Vice Chair Russell: Not at the moment. Commissioner Diaz de la Portilla: Okay. Are we going to defer it? Vice Chair Russell: We can. Commissioner Diaz de la Portilla: Can we do that? Can we add it? City of Miami Page 6 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: Yes, yes. Commissioner Watson: We're deferring FR.4? Commissioner Reyes: FR.4 you want to defer, too? Commissioner Diaz de la Portilla: I would like to add that. Vice Chair Russell: Yes. Commissioner Watson: Next meeting? Vice Chair Russell: Yeah, I'm fine with that. Commissioner Diaz de la Portilla: Yeah, next meeting. Commissioner Watson: Can you pull SR.3 for discussion so I can understand why it's being deferred indefinitely? Vice Chair Russell: Well, if you want to just go through that right now, Mr Manager? We can decide whether or not to defer it. There's been a request for indefinite deferral of the Historic Overtown Cultural and Entertainment District. Victoria Mendez (City Attorney): That's the one that did not go to PZAB (Planning, Zoning & Appeals Board), but Cesar can provide a better timeline. Vice Chair Russell: Good morning, Mr Director. Cesar Garcia -Pons (Director, Planning): Good morning. Cesar Garcia -Pons, Planning Director The item was heard at PZAB and PZAB deferred it, so we aren't able to vote on it today. So there was a request from PZAB to come back with information with regards to the distance to the churches. Commissioner Watson: Okay. Okay, all right. Vice Chair Russell: So it's okay to leave in? Commissioner Watson: Yeah. Vice Chair Russell: All right. Commissioner Watson: But not indefinitely, defer it to 10/28, right? Mr. Garcia -Pons: So I think there's -- we're working through - the vote was actually an indefinite deferral. I think it's a 45-day. We're going to try to get back for the November meeting. Commissioner Watson: I see, okay. All right. Mr. Garcia -Pons: Thank vou. City of Miami Page 7 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: Are there any items from the Commissioners that they'd like to see deferred, withdrawn, or continued? I understand -- Commissioner Diaz de la Portilla: A question -- Vice Chair Russell: Go ahead. Commissioner Diaz de la Portilla: -- to see what the Chair's preference is. Are we going to have a conversation about RE.4 today? Collective bargaining agreement. Vice Chair Russell: Yes, sir, it is on the agenda. Commissioner Diaz de la Portilla: Okay. And you want to hear that today? Vice Chair Russell: Yes, please. Commissioner Diaz de la Portiita: Okay. Vice Chair Russell: I understand there is an applicant here for PZ.6 and 7 that is seeking a withdrawal. I just want to make sure that that's correct. Ryan Bailine: Yes, Commissioner Ryan Bailine, offices at 333 Southeast 2nd Avenue. That is correct, we'd like to withdraw both PZ.6 and 7. Vice Chair Russell: All right. So the Chair's happy to add PZ.6 and 7 to the withdraw list. Is there anything we're forgetting? Ms. Mendez: So PZ.6 and 7 is actually going to be withdrawn not deferred or? Vice Chair Russell: Correct. Ms. Mendez: Okay. Mr Garcia -Pons: Just one more request from the applicant. Another applicant. Commissioner Diaz de la Portilla: So is that a withdrawal then? Commissioner Reyes: A withdrawal. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: We won't see it again, right? Commissioner Diaz de la Portilla: Never again? It never happens here. Tony Recio: Good morning, Mr Chair, members of the Commission. City of Miami Page 8 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Diaz de la Portilla: It will rear its ugly head at some point, right, eventually. Mr Recio: Tony Recto, 2525 Ponce de Leon Boulevard. I am here regarding PZ.3 and PZ.4. We're asking for a deferral to November 18th. We had -- the applicant had submitted a letter explaining that he had a family health condition and we reached out to the -- he reached out personally, to a lot of the neighbors and a lot of the associations and everyone was incredibly gracious. And we want to thank, we really appreciate that, that response. But we are asking for November 18th. We understand that that is -- we had originally sought December, there was some pushbacks, they wanted us to go in October; and there may still be someone, you know, a property owner who wants us to go. I believe Mr. Kasdin's going to speak about that. But we are asking for November 18th, and we would appreciate that date. Vice Chair Russell: Go ahead. Commissioner Diaz de la Portilla: I'm sorry. Thank you, Chair. Who do you represent? Mr Recio: Magnolia Holdings 38th Street LLC. That's Ron Bloomberg. Commissioner Diaz de la Portilla: Okay. And you're asking for a deferral? Mr Recio: For a deferral to November 18th. Commissioner Diaz de la Portilla: Okay. Commissioner Watson: I want to defer it to 10/28. Vice Chair Russell: 10/28? Commissioner Watson: Yeah. Vice Chair Russell: So is there a reason? Just before you go, Mr Kasdin, is there a reason you couldn't go on -- there's two meetings in October we could hear this at. Mr Recio: Yes. Yes, so we have, and I had explained this to Mr. Garcia -Pons, I had wrote to him through email, what we have is members of our team, our planner and our traffic consultant, both of which we need for this presentation, they are conflicted in terms of appearing on either the 14th or the 28th so we're trying to get to the November 18th. That's where we would be. Commissioner Reyes: So -- Commissioner Diaz de la Portilla: What -- Vice Chair Russell: Let's do one at a time. Go ahead, Commissioner Reyes. City of Miami Page 9 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Reyes: Yes, just out of curiosity, why don't we --1 mean this is a subject that needs to be decided. Why are we postponing to November instead of taking care of this in October? Mr Recio: I'm sorry, I couldn't quite hear you. Commissioner Reyes: Why we are extending it to November when we have a couple of meetings next month and we can deal with it? Mr Recio: Yeah, it's mostly because it's availability. It's just availability of the people that we need to present this case. Commissioner Diaz de la Portilla: So what you're waiting for is a traffic study? Mr Recio: The traffic engineer's availability. We have a traffic study, we don't have a -- the traffic engineer won't be here for the 14th. Commissioner Diaz de la Portilla: Right. How old is your traffic study? Mr Recio: We have 2018 was the original. Commissioner Diaz de la Portilla: Right. Mr Recio: There's been a couple of updates since then. We'll submit a more recent one, even, leading up to it. Commissioner Diaz de la Portilla: What's the latest one you have? Mr Recio: The latest one? The latest update I believe is eight, nine months old. Commissioner Diaz de la Portilla: Okay. So you want to wait until November 18th? Mr Recio: I would appreciate that, yes. Commissioner Reyes: Okie-dokie. Vice Chair Russell: So here's the situation with this. This is a zoning request in sort of the last remaining area between single family and the high rises of Edgewater. The high rises of Edgewater have traditionally run up to 195, right there at the Julia Tuttle. And then north of that is where the single-family" has started, traditionally, right? And there's some multi family there and then it ends at Bay Point. And from there forward to Morningside is obviously all single-family. Every single one of the neighborhoods surrounding that area, Morningside, Bay Point, Edgewater, is very interested in what's going to happen with this. And every time we defer this, everyone doesn't know whether they need to come and advocate for or against and it causes a lot of disturbance for a lot of people. Commissioner Reyes: Yes. City of Miami Page 10 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: We're looking for finality with this application. It's been on our docket for a long time so 1 would like to know what we can do to do it. We cannot defer it again. Mr Recio: We can commit, there will be no more deferrals after November 18th. This is it. We will go forward. Vice Chair Russell: Could the traffic engineer appear by Zoom in October? Is that a possibility? Mr Recio: I don't know Perhaps on the 28th. He has told me he's not available for sure on the 14th, but 1 don't know that he could. Again, 1 can't commit to that. Vice Chair Russell: And I appreciate that Commissioner Diaz de la Portilla brought up the traffic because this 36th Street area coining off the Tuttle is probably our biggest hornet's nest of traffic in the entire city. Commissioner Reyes: It is. Vice Chair Russell: And so what we do here is very important to a lot of people. Mr Recio: We agree. Vice Chair Russell: We want to make sure development helps our issues and doesn't hurt our issues. So everybody's watching. And we need to get some finality. Good morning, Commissioner Carollo. Go ahead, Commissioner Reyes. Commissioner Reyes: Just to clarify this. Talking about the traffic study. Is it because the engineer has not completed it or because the engineer is not available? Mr Recio: No, regarding -- the traffic study is not the issue, it's the availability, of the engineer Commissioner Reyes: But it's -- I mean, because I don't want you to come again and say, well, we have not finished the traffic study. Mr Recio: If we go forward on November 18th, we are going forward no matter what. There will be no more deferrals. Commissioner Reyes: I don't know how my fellow commissioners feel, but I agree with Commissioner Russell, this is something that has to be settled. Commissioner Watson: I mean he can make -- he'll figure out a way. At 10/28 we got a month, five weeks, so he'll figure it out between now and then, if it's finished, we'll get him to make himself available. Commissioner Reyes: Okay. (UNINTELLIGIBLE). City of Miami Page 11 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: I'd like it sooner than later but what 1 don't want is we push it sooner and we don't have all the information we need and then it gets deferred again. I don't want that. Commissioner Reyes: That's the problem. Commissioner Diaz de la Portilla: The problem is, you're right, it's your district but it also impacts the entire city, right? It's a major area in our community, in our city, so I want to get all the facts straight, 1 want to have all the numbers, 1 want to make sure that I'm making the right decision. So as long as you commit to November 18th and that's it, not December; not next year but done. As long as you give me that commitment I'm comfortable with deferring until November 18th, but not a day after that. Mr Recio: Commissioner you have that commitment, November 18th. Commissioner Diaz de la Portilla: I respect that. I don't know how the rest of the Commission feels but I'm okay with waiting as long as we know that that day, it's done. Victoria Mendez (City Attorney): Commissioners, can we just clam? Does he need them as witnesses at the hearing? Mr Recio: Yes. Ms. Mendez: Because if that's what he's saying it's witnesses to arrive, not reports that they have to generate. So I just wanted to clarify. Commissioner Diaz de la Portilla: Yes, witnesses have to come and on top of that, you know, there's probably going to be a lawsuit along the way, I figure, somewhere, right? So we want to make sure we get it right, right? So this is a big piece of real estate, right, it's an important part of Miami, a crossroads, right, and it's an important part. So it's important for us to get it right. So let's just try to get all the things, we do it right and then the lawsuit, let the lawyers and the courts figure it out after the fact. Nee Chair Russell: Good morning, Mayor Kasdin. Neisen Kasdin: Good morning, Vice Chair Russell, members of the Commission. Neisen Kasdin, Akerman, representing Miami Design District Associates. And I know that I also speak in concert with all of the neighborhood associations in the area. This item has been pending for three years, some form of it or another It was continued from July. My client is willing to, first, to accommodate the personal needs that Mr. Recio's client has requested to not have it heard today. But there is no need, and I think Commissioner Watson put his finger right on it, it's five weeks from now until October 28th, there's no reason why everything should, all the ducks shouldn't be able to be put in a row and the matter heard then. We feel that anything beyond that, we would say the 14th of October is okay, but if they have an issue with that, but, this is his client's project, and his client has to get their team together and to present and to do. And they have five weeks if this extension is granted, but beyond that it just keeps on prolonging this, and it should be brought to resolution. We really were ready to go City of Miami Page 12 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 forward and express our opinion and that of the neighbors today, but certainly as Commissioner Watson's suggestion of October 28th is more than generous to Mr Recio's client and it gives certainty to the neighbors. Commissioner Watson: You know, I defer to you, Commissioner -- Vice Chair Russell: It also effects your district as well, Commissioner: Commissioner Watson: It does, but like the Commissioner said it effects -- look, it's an intersection that we really have not much to do with and we get lambasted for it, okay, state, county, so it's a major decision. But they've kind of screwed it up. They never come to us, FDOT (Florida Department of Transportation) never comes to us when they do these things, and it makes us look like we don't know what we're doing and not visioning about what's happening. And so if all the facts as the Commissioner said are going to be ready, boom. If all the facts are not going to be ready then they'll be here now saying, right, so I'll defer to whatever the information in the question asked that Mr Recio gave Commissioner Reyes. Vice Chair Russell: So what I'm hearing is two dates being thrown. October 28th was your request, Commissioner? Commissioner Watson: Well the question -- Vice Chair Russell: And November 14th was the other two suggestions. Commissioner Watson: But the question to Commissioner Reyes and Commissioner Portilla is that if the facts are not going to be ready then they're going to be asking for something else again. So is it the fact that the facts are going to be ready and it's completed? And that's why we didn't want the 28th? Mr Recio: We will have our witnesses ready on November 18th, that's what I can guarantee, to present those facts. Commissioner Diaz de la Portilla: Well it's also the witnesses. Madam Attorney? Commissioner Watson: So does the witness have to be physically present? Commissioner Diaz de la Portilla: That's what I'm asking her. We need the witnesses here, correct? Ms. Mendez: They can appear virtually. Commissioner Diaz de la Portilla: I'm sorry? Ms. Mendez: They can appear virtually if necessary through Zoom. But I don't know how their presentation is set up, only Mr Recio can -- Mr Recio: I can commit to the 18th, that they can be here on November 18th. I can't commit that they can be here on October 28th. City of Miami Page 13 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Watson: But can you -- Commissioner Diaz de la Portilla: What is the possibility -- I'm sorry. Commissioner Watson: No, I was just going to say but can you answer Commissioner Reyes' question? Mr Recio: Yes. Commissioner Watson: Did you answer that question? Is the document, is the study complete? Mr Recio: So there will be an update provided to that study, but the actual, the initial study is complete, there will be an update done to that study because the study was before COVID and then during COVID. These are changed circumstances. Commissioner Diaz de la Portilla: Because well that was really my question. That's why I asked you about the traffic study. Commissioner Watson: Right. Commissioner Diaz de la Portilla: I want to make sure, the traffic study is important to me and the fact that it's timely, you know, that it's not too old. Because things have changed dramatically in terms of traffic, COVID, pre-COVID, post-COVID, or during COVID. So during the whole process we need to know that we have the most updated traffic study That's my biggest concern with the project itself right? Mr Recio: Agreed. Commissioner Diaz de la Portilla: Because, again, like you said it's 36th Street, it's an important part, it's that avenue on Biscayne Boulevard that matters to the whole city. So I want to make sure I have all the facts, all the witnesses come and testify, and we have everything, all our ducks in a row before we make a decision, so we don't look like we don't know what we're doing. Right? Mr Kasdin: Mr. Chair? Mr. Chair? Vice Chair Russell: Yes. Mr Kasdin: They have had since July when this Commission deferred it to prepare whatever traffic studies -- Commissioner Diaz de la Portilla: But they're telling you a date right now, Mr. Kasdin, Mayor. They're saying November 18th. And he's already committed not a day after that. Mr Kasdin: The only thing I'm saying -- Commissioner Diaz de la Portilla: So that the. finality we need to have, a specific date. And you've committed to not doing anything beyond November 18th -- City of Miami Page 14 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Mr Recio: Correct. Commissioner Diaz de la Portilla: -- at the hearing. Everybody's going to be here, correct? Mr Recio: That's correct. Commissioner Diaz de la Portilla: Okay. The traffic study s going to be done. Mr Recio: That's right. Commissioner Diaz de la Portilla: Correct. Now you're not going to come back and ask for a deferral. Mr Recio: No. November 18th, we're here to present. Commissioner Diaz de la Portilla: I'm okay with that. I think that's, fair Mr Kasdin: But, Commissioner 1 understand -- Commissioner Diaz de la Portilla: What's two weeks? Mr Kasdin: They have five weeks from now to put that in order. They could have their witnesses appear virtually. I think we all know we've had lots of hearings where five weeks of lead time is generous. Commissioner Diaz de la Portilla: But I want an updated traffic study. That's what I want. I don't know how the rest of the Commission feels. Mr Kasdin: They should be able to have that in a couple weeks, three weeks. Commissioner Diaz de la Portilla: Well, I don't know if a traffic study you can do it in a couple weeks. I don't know anything about traffic studies except I know you can't do it in a couple weeks. That I know Mr Kasdin: Well they should have started in July. Commissioner Diaz de la Portilla: Well it doesn't matter. That's a different conversation. Moving forward why can't we just agree on November 18th and everybody's happy? And that way we can't delay it beyond that. It's kind of a fair way to get everybody to come and give their presentation on November 18th and the Commission votes, with information and with the facts. And if it's available on the 28th, if you have all your ducks in a row to make your presentation on the 28th, then we do it on the 28th. Mr Kasdin: Commissioner, the neighborhood associations have also, I believe, asked for October 28th as a date that works for them. Their interests are also at stake. Commissioner Diaz de la Portilla: Are they here? City of Miami Page 15 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Mr Kasdin: I believe they sent email communications to the Commission. Vice Chair Russell: I'd like to ask my staff, actually, because I asked before the briefing if we'd had any correspondence from the neighboring associations on this issue and we haven't. Commissioner Diaz de la Portilla: We haven't received anything. Mr Kasdin: I saw a copy of an email this morning from Bay Point. Vice Chair Russell: Okay, I might have missed that. Mr. Kasdin: From the Bay Point homeowners specifically asking that it be October 28th. Mr Recio: If I may? We have not received that indication from any of the associations as far as I know Commissioner Diaz de la Portilla: I checked my -- what time this morning? Because I checked my entails at 7:30 this morning. Mr Kasdin: It shows everyone was copied. That doesn't mean that you've seen it. Commissioner Diaz de la Portilla: No, but was it after 7:30 in the morning? Mr Kasdin: It was sent earlier than that, from the Bay Point Association. Commissioner Diaz de la Portilla: And why wasn't it sent, you know, two days or three days ago? Why was it sent this morning? Mr. Kasdin: It was sent -- Commissioner Diaz de la Portilla: Or last week? Mr Kasdin: It was sent very early this morning at -- or it was sent yesterday. And it shows that it was sent, the copy I have, to everyone on the dais here. And it specifically asks, if I may read it, "Dear City of Miami Commissioner; on behalf of the Bay Point Homeowners Association, I'm writing to support the deferral request for T5-R to T6-8-0 on the properties east of Biscayne Boulevard. Although we support the deferral because the applicant has claimed to have a personal family health emergency, we strongly urge you to hear this item within 30 days so that our residents can confirm their attendance for when the item will be discussed. After three years of deferrals, we ask that you make absolutely certain that this time will be heard in either two or four weeks from tomorrow, "so that's today. So this was sent to you yesterday apparently, "... and that under no circunistances another deferral will be considered. Thank you. Regards, Bay Point Homeowners Association." Vice Chair Russell: I'm not finding that. I'm seeing some opposition from individuals - City of Miami Page 16 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Diaz de la Portilla: Yeah, me too. Vice Chair Russell: -- but I'm not finding the email specifically about requests in regard to -- Commissioner Diaz de la Portilla: Well if they waited three years, Chair, if they waited three years what's another two weeks after October 28th, really? Right? It's logic. If you've waited three years, they've waited three years, so what's two weeks? Mr Kasdin: It's always another two weeks, another month, another -- Commissioner Diaz de la Portilla: No, no, no, that's not what we're talking about. We're talking about two weeks. We're talking about between October 28th and November 18th. Three, two -and -a -half weeks. Mr Kasdin: Well I'm just conveying what these residents have asked for Commissioner Diaz de la Portilla: Well, do you represent the residents? Mr Kasdin: No. 1 do not represent them but I'm conveying a message that they said was sent to you. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: Here's what I know I want it to go sooner than later but what don't want is for them to have another reason, because they were rushed in their mind, to force a deferral again. Whatl want, and I want the resolution of this Commission that when we hear this, we will come to a decision that day. Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: Because the residents deserve that. Commissioner Diaz de la Portilla: And I'll commit to that. I think I agree, three years is too long. Remember we had a conversation about marinas that were seven years a couple Commission meetings' back? So I agree, finality is important. I've always said since the moment I got here that finality matters. But November 18th and then if they sue, they've already said that they want to do it, you know, at least we have a better legal case down the line, you know, whatever our decision is, right? So I think it's better that we just give them the opportunity that they've requested, to come back on November 18th with all the facts, and it will not go beyond that day. And we'll leave it alone. Commissioner Reyes: What I want is a commitment that we have to hear this, I'd rather do it soon than later, but a decision's going to be made. Vice Chair Russell: Yeah. City of Miami Page 17 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Reyes: One way or the other. We are not going to set any more deferrals or any more excuses. 1 mean for either party. From either party. Whenever we hear this we are going to make a final decision, okay? Mr Recio: I can give you that commitment. We will present on November 18th, absolutely. Commissioner Reyes: It's going to be a final decision that day. I will vote against any other deferrals, be it on the 28th or on the 18th, or the -- I don't care. I will vote against any further deferrals. Three years is too long. And the deferral and the timing and all that. I know Doug Storck's strategy, you see. We all know that and you attorneys, you are great in that, you see, even in criminal court too. But we've got to stop this. This needs some finality. Vice Chair Russell: What Commissioner Reyes is saying, and I want to make that clear if it comes to the 18th and you all aren't ready we will simply vote no on the item. And then you won't even have a chance to present, if you're not ready. Mr Recio: That's acceptable. We will be ready. We will be ready. Vice Chair Russell: November 18th? Commissioner Diazde la Portilla: That works. Vice Chair Russell: Is that the preference? Okay. Alright,, so -- Commissioner Reyes: Because I don't want them to have an excuse, well, we couldn't do it in October because you didn't give us enough time and all of that. And then they will have some sort of excuse or an issue that could be presented in any other place, probably in court or whatever Vice Chair Russell: Commissioner Watson, does that sit all right with you? Commissioner Watson: Yes. Vice Chair Russell: All right, so we're going to add that to the list, PZ's 3 and 4, November 18th. Mr Recio: Thank you. Vice Chair Russell: Are there any other items to be added to the list of deferrals, withdraws, or continuances? Mi. Clerk? Todd B. Hannon (City Clerk): Would you mind ifI put the co-sponsor requests in during the Order of the Day? Vice Chair Russell: That's fine. Mr Hannon: Chair, I have received the following co-sponsor requests: Commissioner Russell would like to co-sponsor CA.6; Commissioner Russell and Commissioner City of Miami Page 18 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Carollo would both like to co-sponsor RE.9; Commissioner Russell would like to co- sponsor FR.1; and Commissioner Watson would like to sponsor SR.5. Vice Chair Russell: Noted. On the -- Commissioner Diaz de la Portilla: I want to be added as a co-sponsor of RE.9. Vice Chair Russell: Got it. And then while we're doing order FL.1 currently does not have a sponsor: So 1 would like to sponsor FL. 1 and bring it on October 14th, if that's okay with the Administration. Commissioner Diaz de la Portilla: Yes. Commissioner Carollo: I believe I heard that Commissioner Diaz de la Portilla and Commissioner Reyes wanted to sponsor FR.5? Nee Chair Russell: FR.5? Commissioner Carollo: Yes. Commissioner Reyes: Oh, yes, absolutely. Commissioner Diazde la Portilla: Yes, absolutely. Commissioner Reyes: Yes. Commissioner Watson: Commissioner Watson, too. Commissioner Reyes: Thank you for reminding us. Commissioner Watson: Commissioner Watson as well. Vice Chair Russell: Make it unanimous. Commissioner Carollo: Unanimous as sponsor. Vice Chair Russell: So FL.1 will come back October 14th with me as a sponsor, please. That's the ban on gambling. Commissioner Carollo: Can we -- Commissioner Diaz de la Portilla: Tell me about the ban on gambling that you're doing. What's that? Vice Chair Russell: It's FL.1. Commissioner Diaz de la Portilla: I know it's FL. 1 but ban on gambling? Didn't we discuss this already like -- City of Miami Page 19 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: Yes, we passed a resolution urging the -- directing the management to come back with legislation and they've now done so but it didn't have a sponsor so it's just floating out there in future legislation. So I wanted to see if we could get it heard. Commissioner Carollo: That's fine. [Later... ] Commissioner Watson: Commissioner? Vice Chair Russell: Thank you very much. Yes? You have a pocket item? Commissioner Watson: I have a pocket item regarding the Haitian issue on the border Vice Chair Russell: Yes. Commissioner Watson: I just want to make a quick statement, if I can. Vice Chair Russell: You're recognized. Commissioner Watson: As many, you know from recent news coverages, the Biden Administration is actually deporting Haitian brothers and sisters without an opportunity to apply for asylum, notwithstanding the plight and danger they face in Haiti. I'm sorry to have witnessed in my lifetime that you, my Haitian brothers and sisters, at the Texas border being treated less than humane. I do believe the current leader of these United States should immediately stand and do what's right for all. President Biden, as a Commissioner of the largest Haitian population in Miami, Florida, and probably almost in the country, I am prepared to sit with you, help find a solution to the unfortunate and horrendous events taking place in recent days for Haitian people. And I'll speak later on a pocket item. Vice Chair Russell: Thank you. PL 1 on the Haitian issue, is that a resolution, Commissioner? Would you like -- Commissioner Watson: Yes, come pocket item, yes, sir. Vice Chair Russell: Okay, that will be a resolution on the Haitian issue. Are there any other pocket items to add? I have one pocket item giving direction to the Manager to bring back an amendment to the NCD (Neighborhood Conservation District) for Coconut Grove with regard to trellises in the first layer. The very simple fix we were trying to do a couple years ago when the NCD jailed to pass in its big -thrum, but this is one innocuous part of it that there was consensus among us and it's effecting residents who are now in code compliance issues because they can't keep the trellis that they have in their yard. So it's basically -- Commissioner Watson: But total? Can you do it in total? Vice Chair Russell: Can you do what? City of Miami Page 20 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Watson: Can you do it in total? You just said NCD in Coconut Grove. But I've got a bunch ofpeople having an issue with trellises now as well in the upper east side. Vice Chair Russell: We could do it citywide. Commissioner Watson: Okay. I mean just make it one sort of -- Vice Chair Russell: I just didn't want to infringe on every -- Commissioner Watson: No, no, I understand. But 1 have trellis issues as well. Vice Chair Russell: Yeah, so it's basically a direction to the Manager to bring back an amendment that would allow trellis or pergola that's aesthetically compatible but not connected to the principle structure. Meeting the Florida requirements of building code and not to exceed the width of the driveway by more than two feet. That's PI.2. Are there any other pocket items? Did you have one, Mr Manager? Arthur Noriega (City Manager): We have two, Mr. Vice Chair. The first of which is a discussion item on the 2022 legislative priorities. Vice Chair Russell: Okay, added. Mr Noriega: And then the second one is also a discussion item with some updates relative to legislation and programing addressing the homelessness. And it's a continuation of the conversation we had last week. It's an update. Vice Chair Russell: So PI.4, discussion on homelessness. All right. Is there a motion on the Order of the Day, please? Commissioner Diaz de la Portilla: So moved. Commissioner Reyes: Second. Vice Chair Russell: Moved by Commissioner Diaz de la Portilla. Commissioner Watson: Second. Oh. Vice Chair Russell: Seconded by Commissioner Reyes. Commissioner Diaz de la Portilla: But let me ask, Mr. Manager Mr Manager in your discussion on homelessness, are we going to discuss what we talked about in our briefing yesterday, the Biden -- the new proposal for the Biden Administration? Is that what you're talking about? Mr. Noriega: No. You -- during our discussion you actually said you would probably bring that up. We're also going to be getting some updates on that. Commissioner Diaz de la Portilla: I can just piggyback on your item, and we talk about it during that time. City of Miami Page 21 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Mr Noriega: Yeah, yeah, absolutely, absolutely. Commissioner Diaz de la Portilla: Okay, that's fine. Vice Chair Russell: All right, there's a motion, there's a second. Any further discussion? All in favor say aye. The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on Order of the Day. Thank you very much. PUBLIC COMMENTS FOR ALL ITEM(S) 10825 DISCUSSION ITEM Office of the City Clerk PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE SEPTEMBER 23, 2021 CITY COMMISSION MEETING. RESULT: PRESENTED Vice Chair Russell: I'd like to move to public comment. If you are here to speak on any of the items on this agenda, not including the budget, the budget will start at 5: 00 p.m. today, but any of the items today including Planning and Zoning, our ordinances, our Public Hearing items, our Resolutions, this is your time to speak. You'll have two minutes each. If you could please approach the lecterns. All you need to give us is your name and the item you'd like to speak on. We're only speaking on items that are on the agenda. You'll have two minutes, you'll hear a beep right at about the 30 second point, that's your time to please wrap it up. I really appreciate your patience this morning. I know you all have been here a long time for us to deal with the other issues of the day. Good morning. Dolores Orgui Gutierrez: Good morning. My name is Dolores Orgui Gutierrez and I reside at 150 Southeast 25th Road in Miami. It used to be a very quiet and residential road with a beautiful play yard at the end of -- by the hay. Used by the entire community and the bay as a habitat for the manatees. We now have construction equipment, dump trucks, workers fill our roads with construction noise and traffic. We do not have a problem with progress, at all, but they're not being good neighbors. Their trucks and their equipment prohibits our community to enter and leave our home. There's a lack of an MOT (Maintenance of Traffic) that impacts our daily flow of traffic in and out which impacts our driveway. They block our driveway constantly, these huge dump trucks that line up. It does not allow for us to come in or out. Emergency vehicles, it's an older generation that live in our building, emergency vehicles always come and go. They cannot access our road. The street is full of cracks, major cracks. Sidewalks are in disrepair; pipes are being broken. Just last week, they broke -- Water and Sewer broke a pipe. They had to come in through our property, into our pool deck and repair it. It wasn't the new construction, but, for the new construction we're having those problems. Miami Parking Authorities come and put up signs that they're blocking -- their construction has ordered and paid for City of Miami Page 22 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 parking spaces. It used to be on Saturdays only and we tolerated that. But now it's Mondays, it's Wednesdays, and Thursdays. And they do not remove the signs until the following Monday, which means our community is not able to access those parking spaces because our cars are being towed. This is unacceptable. We have no quality of life in our community right now At night the play yard is a haven for loud parties, drugs, seances even, to name a few of the problems going on in that play yard. Our seawall is unsafe, extremely hazardous condition. If this was -- if this seawall was on a private property, the City would have cited the owner and told them to repair or replace the seawall. Vice Chair Russell: Ma'am, the time has expired. If you could come to the end, please, I'm sorry. Ms. Gutierrez: I'm sorry? Nee Chair Russell: The time has expired. We have two minutes per person to speak in public. Ms. Gutierrez: I'm done? Vice Chair Russell: If you could just wrap it up. I don't want to cut you off but if you could wrap it up that would be great. Ms. Gutierrez: It's very short. If it was privately owned, the City would require it to be repaired or replaced. But the City by its own admission during a walk-through stated that the seawall is unsafe structure yet do nothing to replace or repair it. The City is doing their budget. Fund our seawall, please. Thank you. Vice Chair Russell: Thank you. Commissioner Watson: Excuse me. Where -- Todd B. Hannon (City Clerk): Chair my apologies. If I could get the speaker's name again, please? Nee Chair Russell: Your name, please? Ms. Gutierrez: Dolares Orb i Gutierrez. Commissioner Watson: And this is where? Vice Chair Russell: Commissioner, you're -- Commissioner Watson: I just want to know where. I heard you say that -- where are you speaking of? Ms. Gutierrez: Our street? Commissioner Watson: Yes, where are you speaking of exactly? City of Miami Page 23 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Ms. Gutierrez: The address is 150 Southeast 25th Road. It's Commissioner Russell's -- Commissioner Watson: Okay. Ms. Gutierrez: -- he's well aware of it. Vice Chair Russell: Thank you. Commissioner Watson: Okay. Ms. Gutierrez: Thank you. Vice Chair Russell: If we could balance the lecterns, both for social distancing and just time efficiency. If about half the folks could line up at the lectern to the left that would be great. Good morning, Mr Cruz, which item are you speaking on? Elvis Cruz: Good morning, Commissioner. Elvis Cruz, 631 Northeast 57th Street. And before I begin, Happy Birthday to our distinguished City Clerk. Twenty-six never looked so good. I'm going to talk to three or four different items. The first is PZ.5. This would allow affordable and attainable mixed income projects to abut T3 -- Vice Chair Russell: PZ.5 has been deferred, Mr. Cruz. Mr Cruz: I'm aware of that, but who knows what the future may bring, and this is my chance to -- Vice Chair Russell: Right, so you won't be coming back to speak on it on October 14th again? Mr Cruz: I don't know I hope so. Vice Chair Russell: Just for efficiency's sake, we'd like -- when we defer it we're not allowed to speak on it so we're asking you to speak on the items that are on the agenda. But if you speak on it now and then you come on October 14th and speak on it again we're just not being very efficient. But you're in opposition to abutting of T3 for any sort of attainable affordable housing. Mr Cruz: Correct, and for good reason. Because it would negatively impact T3 zoning by allowing increased density, intensity, and spill -over parking. So, please, amend this proposal so that it has a 1,000 foot buffer from T3 to these projects that you're seeking to stimulate through these incentives. Next item, PZ.10. This is a change in SAP (Special Area Plan) regulations. Wonder ful. Finally we're starting to see a little bit of sanity about SAPs. They should be repealed outright, but at least this one would not allow them to jump across the FEC (Florida East Coast) Railroad. I would recommend that you change that to not only speak to the FEC Railroad but to any railroad. There's a few other railroads in town that you should cover. Also I would ask that you amend it to not allow an SAP to jump over a body of water such as a canal or a river. Lastly; I want to speak to up -zonings. I was here to speak on PZ.3 and 4 which as you know has been deferred, but there is other up -zonings. When Miami 21 was, first proposed we, the people, were very unhappy about rampant up - City of Miami Page 24 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 zonings that were taking place at the time. And we were told that up -zonings would be a thing of the past because for an upzoning to happen, two things needed to be proven. One, that the existing zoning was inappropriate, and two, that the proposed zoning was appropriate. And yet that rule which is Miami 21, 7.1.2.8(c)(2)(g), charlie, 2, golf has practically never been enforced. So any upzoning that comes before you, they need to prove that the existing zoning is inappropriate, which it isn't. Vice Chair Russell: Thankyou. Mr Cruz: Because that's why they made the zoning map the way it is. Thank you very much. Vice Chair Russell: Thankyou, Mr. Cruz. Good morning. Rommel Guzman: Good morning, Commissioner Vice Chair Russell: Long time no see. Mr Guzman: Long time no see. And, good morning, my name is Rommel Guzman, 1818 Southwest 1st Avenue, right there in the Roads. I wanted to take a moment and thank you for the opportunity to talk about FR.3, the scooters. I'm behind you, Commissioner Russell, from day one on this as you know. 1 think it works with the right policing and the right control of the situation. However, for that to work we definitely have to get them out of the sidewalks and on to the streets. Like in New York City and in Atlanta where I've seen them, this doesn't work on the sidewalks. Sidewalks are, especially in Brickell, are very narrow and they're overcrowded. But that brings a second subject which is the lady that started talking a few minutes ago, the streets are an embarrassment right now in Brickell. Especially if you, just to name an example, Southwest 12th Street between Miami Avenue and 1st Avenue, in between the Hampton Inn and the Axis Condo, it's a disgrace. You can't drive on a low profile vehicle, on a motorcycle, a scooter, in there. That's an accident and a lawsuit waiting to happen. So, I think that as we've seen for the last two years, construction has been booming but that also brings a lot of damage to the streets. It is very important that we fix that. Again, yes scooters, I'm behind you with this. Big supporter Control, no sidewalks, on the streets. I was born in Venezuela and every time I want to feel like I'm back home I just drive on 12th Street between 1 stAvenue and Miami Avenue and it's exactly like if I was there. So thank you so much for the opportunity. Vice Chair Russell: Thankyou, Rammel. Mr Guzman: Thank you, Commissioner. Take care. Vice Chair Russell: Good morning. Albert Gomez: Good morning. Albert Gomez, 3566 Vista Court. Commissioner Watson, thank you so much for highlighting the plight of the Haitian people. I think we're all Haitian right now. It's a tough spot to be in right now I also wanted to just alert to an emergency. Again, the FDOT (Florida Department of Transportation) site yesterday spilled silt into Miami River Everybody's pointing fingers that, the FDOT, we don't have jurisdiction, that we have to rely on DEP (Department of City of Miami Page 25 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Environmental Protection). DEP is working towards compliance. They're 16 violations in and counting. And, frankly, the only way to activate this, and I've checked on this, is to request the EPA (Environmental Protection Agency) to come down and hold them accountable. That's the only way to close the site down and actually get them to put the necessary flood barriers in place so that it doesn't occur again, or it will continue to occur every time we get a rainstorm. They are damaging our bay; they are killing our seagrass. And, you know, this compliance mode, while they continue to work in impunity, it doesn't workfor us, okay? So I bring that. I wanted to talk on grants. You guys proposed some grants here today, they're important and I applaud the Commission for bringing them forward. That said, there's something most noticeable on today's agenda other than the park naming, Fire Rescue, and Police agreements. And ahead of this afternoon's budget meeting, specifically what's missing. For this I point to shared threats and vulnerabilities between the County and the City. We're not doing enough cost -sharing. We have the ability to put cost -sharing grants for derelict vessel removal; we have the ability to do cost -sharing grants for bioswales, for a broad array of different things, just general infrastructure improvements. More storm grates, a hundred percent we can get to on the city. Things that we need to have done. We have grants available for that, all we have to do is submit. The County is responsible for certain things but we're in our own jurisdiction, we should have the ability to do cost -sharing grants. And if they want to deploy them, they can, and we can raise those grants and match them. Why we haven't done that is beyond me. We still have to kind of run our four corners and I'm hoping that we can do that by submitting more grants which are available to fill the gaps wherever necessary. But more specifically; I'd request the City to go ahead and ask for the EPA to come down here and hold FDOT accountable, the finger pointing, and it's not our jurisdiction ain't going to cut it because this will continue to happen. And it's happening in your city, our city. So please help us. Vice Chair Russell: Thank you very much. Thanks for your comments, Albert. Good morning. Irby McKnight: Good morning. I'm Irby McKnight, 1600 Northwest 3rd Avenue. I will be very brief. I'm here to support the RAD (Rental Assistance Demonstration) demonstration project, rental demonstration project of building affordable housing. I am speaking specifically on Rainbow Village, 2000 Northwest 3rd Avenue. We need this project to move. We had an acute housing shortage and homeless problem before the pandemic. Our CRA (Community Redevelopment Agency) has given millions of dollars, hundreds of millions of dollars, to fight homelessness and yet our streets in Overtown have more homeless people than there are sand on a desert. So we know that those avenues did not workfor us, nor for the homeless. But we also know that after this pandemic, we will have an even acuter housing problem than we have now. We have people out of work, we have people can't make their rent, can't make their mortgage. So let's get this project off the ground and running so that children will grow up in those and not under a bridge. Thank you. Vice Chair Russell: Thank you. Good morning. Mario Mendez: Good morning, distinguished Commissioners, and thank you for the opportunity to speak here. My name is Ds: Mario Mendez, I'm the executive director of Southwest Social Services Programs, Inc. Our program has been located at the Dr. City of Miami Page 26 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Armando Badia Senior Center, which is a City of Miami park. And it has been situated there for over 40 years. The program provides meals, education, socialization, and transportation for the elderly, and those individuals that are economically challenged. We have offered these services with funding from the City of Miami, but as well as funds from Alliance for the Aging, United Way, Miami -Dade County. And in fact, many of the services that we continue to provide such as transportation to residents of the City of Miami are being done so without -- or from funds that are -- other than from the City ,such as the Alliance. After 40 years of providing services to approximately, our current constituents, a total around 1,300 elderly and economically challenged individuals, we recently received a notice of revocation from the City for the license that Southwest has. It's -- it's very disturbing in the sense that we now have to move an operation that literally takes up a city block. And we've been given 30 days to vacate the premises. If that is the final decision of the City, we would respectfully ask this Commission if they would give us an appropriate amount of time, an extension, to find adequate facilities and move the operations that we currently have. And most importantly, we want to reduce the impact to the vulnerable segment of the population that we currently serve. Thank you for your time, I appreciate it. Vice Chair Russell: Thank you for your comments. Commissioner Reyes: Mr Chair? Vice Chair Russell: Commissioner Reyes, you are recognized. Commissioner Reyes: Let me make this clear We are not evicting you guys, we are just asking you to move because the community center, it's going to be totally rebuilt. Through the help of Commissioner Rebeca Sosa, the State, I mean the fantastic work that was done by Senatorlleana Garcia and Representative -- what's his name -- Avila, the -- Representative Avila, we gathered some funds. And with the Administration and the Mayor that assisted us also with the ARPA (American Rescue Plan Act) funds, we have -- I mean right now we have enough funds to build state of the art facility, that it's going to be a community center, that is going to be used by everybody in the community, plus those seniors that they are going to be fed there. From what I gather you are requesting -- and there is a meeting already set in which you will ask for additional time, but the only thing that we are asking is, as you know, any construction that's going to take place, it must be empty. So we want -- I'm asking you guys to move to another site and provide your services. You are a private company that it is non-profit, but it is a private company, and you can move anyplace. And in order to avoid any undue harm, I would say, to those people that they cannot go to your center we are, at this moment, we are planning on providing either at home, deliver it at home meals, or, meals in another site that we, within my district, that we will provide for those people that live close and cannot be -- I mean, go to where you go. So we are taking care of that, too. And another question, sir you might serve 1,300 total, at that center there was about 200. Mr. Mendez: Correct. That's correct. Commissioner Reyes: Okay. No, because that's a misinformation that people said you are -- I mean there's 1,300 at this time. City of Miami Page 27 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Mr. Mendez: No, what the agency does, Southwest, it has -- Commissioner Reyes: Oh yes, you guys as an agency. Mr Mendez: -- eight dining halls throughout the county. Commissioner Reyes: That's right. Mr Mendez: Right. And, yes, you are correct, that's actually almost closer to 300, 275 or something like that. Commissioner Reyes: That's right, it varies -- Mr Mendez: Correct. Commissioner Reyes: -- because I've been in contact with that center for a long, long time. Mr Mendez: We know We know you have. Commissioner Reyes: The last thing that I want to do is permanently close a community center that has been there. But what it needs and what it deserves and the residents, that what it deserves is state of the art center. What we are going to provide, all kind of services including, including meals. Vice Chair Russell: Thank you. Mr Mendez: Thank you. Thank you, Commissioner. Vice Chair Russell: Thank you for your comments. Mr. Mendez: Like I said, the only thing 'would implore is if we would have an extended period -- Commissioner Reyes: No, no, no, and you will have it. You will have it. Mr Mendez: Thank you. Commissioner Reyes: We are not going to kick you out of there tomorrow. Mr. Mendez: Appreciate that. Commissioner Reyes: You will have it. Mr. Mendez: Thank you very much. Commissioner Reyes: We will have -- we have -- let me tell you, something that will be logical, you see? It's not going to be three or four years, you know? Because we're almost ready to break ground, okay? City of Miami Page 28 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Mr. Mendez: Something reasonable. Thank you. Commissioner Reyes: Monday you have a meeting scheduled for that, I mean to reach an agreement and the amount of time you're going to have. Mr Mendez: Thank you so much. Appreciate that. Vice Chair Russell: Thank you very much. Helena? Helena Del Monte: Yes. Chairman, Commissioners, my name is Helena Del Monte. I am the CEO (Chief Executive Officer) ofAssociation for the Development of the Exceptional better known in our community as ADE. ADE has been serving adults with autism and developmental disabilities for 40-plus years out of the City of Miami. We grew and as we grew we kept not only our City ofMiami program, but we also have multiple programs through the County. We had five facilities, we had to close down two due to COVID. We started the year with 80 staff members, today we have 38. And we have lost, may they rest in peace, about 15 consumers. But we've lost over 100 consumers where their parents, or different situations, they do not want to return to us. So that's why we had to close two centers. I come here apologetic, ashamed of myself Anybody that knows ADE and knows me and my years of services, 1 am very responsible about the funding, about the care for these consumers, and 1 have to confess that whether it was lack of staff or the horrendous time that we're going through, we missed, I never realized that the City of Miami CDBG (Community Development Block Grant) application was on Zoom, and I missed submitting it. Vice Chair Russell: Thank you. Helena, the time's up and I'm glad we got to the point. You -- your organization normally receives CDBG money from the City every year? Ms. Del Monte: We have been receiving for 35 years. My monitoring is 100 percent compliance and last year we received $40, 000. This goes solely for the City of Miami unit -- Vice Chair Russell: Thank you. Ms. Del Monte: -- which is in the Commissioner's district. It's 51, I'm sorry I did not say that, 51 Northeast 79th Street. We serve about, we used to serve 70 consumers, now we're down to like 50 -- Vice Chair Russell: Thank you. Ms. Del Monte: -- in that particular location. Vice Chair Russell: Let's see what we can do. Mr. Manager, if Mr Mensah's around? Commissioner Watson: No, no, hold on, hold on, hold on, hold on. Vice Chair Russell: Oh, this is an allocation from your district? Oh, I apologize. Commissioner Watson: Look, she missed the deadline. City of Miami Page 29 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: Yes. Commissioner Watson: And she accepted that, right? She serves an important part of our community, not young people but adults with disabilities and the like, in need, and we're not going to forget them. And so we've already spoken to Mr Mensah and we're truing to move some things around. We're going to try to accommodate her as best we can this time around. Okay? Vice Chair Russell: So we'll be seeing an amendment in PH (Public Hearing) -- Commissioner Watson: Yeah. Vice Chair Russell: -- one of the PH items with CDBG funds? Commissioner Watson: This afternoon, yes. Whenever it's going to come up. Nee Chair Russell: Helena, it looks like the Commissioner is going to take care of you. Ms. Del Monte: Commissioner, God Bless you, and all of you. Don't see me, see 50 adults, they're all low income. You know the area, Commissioner. God Bless you, that's all 1 can say. And this will never happen again. Vice Chair Russell: The Commissioners Chief is going to work with you right now. Ms. Del Monte: Oh my God, how are you? Nee Chair Russell: Thank you, Commissioner. Good morning. Angela Vazquez: Good morning. Good morning, Commissioners. My name is Angie Vazquez, I'm actually here to speak, and a lot was clarified, on behalf of Southwest Social Services. I was the assistant director for 20 years. And so we are a little taken aback because I too wanted the building moved, updated. The $800,000 that we have, I was actually the one that asked it from Rebeca Soso. We are surprised that you want us out of there. We've been there for 40 years serving. And we bring money from outside the community into the City of Miami. Even when they lost the contract, no City of Miami resident was ever told you're not going to get a meal or you're not going to be picked up. State and federal funds were used. So I didn't know there was a meeting on Monday; I'm glad to hear there's a meeting. If that is going to go out to RFP (Request for Proposals), that's been our home for 40 years. That was almost like a physical blow. We've never had any complaints about the way that the agency works with the City. I'd like, if there's ever going to be any reconsideration, I'd appreciate it if anything at all possible would be done for Southwest Social Services. Vice Chair Russell: Thank you for your comments. Ms. Vazquez: Thanks. City of Miami Page 30 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Reyes: Let me say this. The only thing you have to do is move and we are going to build a building. After we build, then you can try to come back or then the decision will be made. Ms. Vazquez: Okay, and that would be awesome. That would be exactly what we would like. Commissioner Reyes: That will be -- that will be because 1 am going to be fair and want to be fair, I try to be as fair as it is, but I have to look after that area that deserves a state of the art community center But not only the people that you serve, because that was open only to people that came, you know,l mean to eat and play, and I mean people that were part of -- that they were registered. But we want also a place that will be open to the residents. That they can come in and take classes and exercise and whatever Okay? Ms. Vazquez: Thank you. And that's all I ask is that you be fair and remember our track record. Thank you, Commissioner, I appreciate that. Renita Holmes: Good morning or good afternoon, Commissioners, Mr Chair. I'm just here in regards to PH.1, PH.2, PH.3. My name is Madam Renita Holmes. I am the executive director of WAA1 VE (Women's Association & Alliance Against Injustice & Violence for Empowerment), of Women in Public Housing, Education, Finance and Development, as well as a few other groups that directly provide direct human services. In my years and over a period of time, I've noticed that low income persons really have the biggest challenge in getting funding. The gaps, they decrease, but it's a matter of how we apply the funding. In PH.2, we talk about monies leftover from HIV (Human Immunodeficiency Virus). And I don't really think this is an adequate time, but you have to make appointments to talk to other folks and when you are those folks that are receiving these fundings and you're sick and you're ill, things get in the way, but experience is the best teacher. So again when we provide funding that's overlapping, like the funding that we're providing now for supportive services, client services, when we talk about housing there are two things, having the housing and getting to the housing is one thing. Being relocated and having those support services that you need in transition are so vitally important, particularly for persons that are sick. I know that's the purpose of the federal funds in the ERAP (Emergency Rental Assistance Program). That will be the same purpose of HIV -- and if we're going -- of the HIV funding of the Ryan White funding. So if we can find a way to utilize that to impact those that were not seen because one set of funding is for helping all people to be transitioned and relocated and provide supportive services and now the monies are leftover, we should do that with the ERAP, but we've had ERAP 1, 2, 3, 2.3, 2.4. I guess what I'm asking you do to is to have a lot more oversight because people become homeless in transition, people die. And now that it's not just HIV, it's COVID and others with precondition, it's been our experience in serving them even back to the time, Commissioner Russell, when we were dealing with persons with disability, that sometimes people translate things the way they want them to, but all persons living with disabilities need supportive services, not just to get a voucher, but to have the transition and supportive services. A question came about in a local meeting last night in my district and I am in District -- and nay Commissioner has come to see some of the things that are occurring. He's talking to some of the mothers, talking to some of the mothers of those children who are mentally challenged, some of those who City of Miami Page 31 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 must stay at home, must have a home in order just simply to survive and then myself. So I thank you for that. But 1 think you all need to look at why there are gaps in services, why there are gaps in accessing the services, and why now are we having leftover monies when there are so many people that need them. It must not be in the availability of the funds. It must be somewhere in the process. I am actually closing and telling you that there is. Without calling problems. I'm like the gentleman from FP&L (Florida Power & Light). I didn't come here to sue for something I already have are my rights. I'm simply here to lookfbr solutions. And when there are gaps in accessing funding people die. I personally am going through that right now. Thank God that -- I'm a Capricorn. I know how to save my money. But when you have monies to help me move up from one level of poverty to the next or from one neighborhood to the next or whatl could not affordl can now afford and then you have millions of dollars in monies to give to me to support me with client services as articulate as persistent, as -- I'm here. Vice Chair Russell: Thank you. Ms. Holmes: Why am I not getting them? This data is so important. So I'm calling to you for help without having to get 30 days and try to get on the agenda. I'm experiencing this before 1 actually die or can't get my monies back. But there are those who don't even have a voice. Please take the time to look at who you're giving these monies to. There are two recipients on this list that did not answer their e-mails, did not answer their calls. And I don't like to slander anyone, but I don't like people to die simply because they can 't get the resources that are already available -- Nee Chair Russell: Thank you, Madam Holmes. Ms. Holmes: Thank you so much. And thank you, City Manager, for hearing my call. You didn't have to do that, and I know I see a little bit obsessive about it. But really, do I have to die because people don't want to see how to be better? Thank you. Vice Chair Russell: Thank you. Good morning. Sabrina Velarde: Good morning, Commissioners. Sabrina Velarde on behalf of Miami Homes for All and the Public Land for Public Good Coalition. Our address is 1951 Northwest 7th Avenue, Miami, Florida 33136. I am also personally a resident of District 4, so I am happy to be here, Commissioner Reyes. I'm here today to speak on RE.5. And I would just like to make clear that the goal of the Public Land for -- the Public Land for Public Good Coalition is not to delay or derail any specific project. However, public land remains subject to deployment and redevelopment. We would like to see a transparent public land policy that incorporates community engagement by trusted partners to ensure that a project benefits multiple stakeholders. This means residents, workers, small business owners, and especially those most impacted and at risk of displacement. This policy should clearly represent the rules of early stage engagement as well as the goals for the use of City land. We believe that such a policy would result in better development for the City, inform private sector partners up front, and reduce the time and other real costs of development. We've recently shared a proposed policy with you and your staff and we'd love to work together with everybody on the Commission to reach a collaborative conclusion. Thank you. City of Miami Page 32 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Manny Gonzalez: Good afternoon, members of the Commission. My name is Manny Gonzalez, Executive Director, Wynwood Business Improvement District, 50 Northwest 24th Street. I'm here to speak in favor of SR.1. Prior to me coining to Wynwood in 2017, I was the executive director over at Coconut Grove where we were the forefathers of the Sidewalk Cafe and the Parking Trust Fund. I see that there's a trust fund that's being for consideration today. And similar to those successfid projects, I truly believe that this pilot program in Wynwood is going to be something that -- at least the way -- it's going to provide us accountability, which right now does not exist. We've been working with all our partners in our district, which consist of 400 business, about 190 property owners. We're all in concurrence with this proposed legislation and it just similar to a -- the way 1 like to explain, it's similar to a car ticket. Right now; if a police officer sees you speeding, he says stop and you're saying, yeah, what speed was I going? I don't know because I don't have a machine or anything, butt think you're speeding. With the sensors and the cameras that we've committed to buy for Code Enforcement, now there's accountability, there's video, we could have dialogue and stop things from escalating like we did in the past. Thank you very much. Vice Chair Russell: Thank you, Manny. Good morning. Marlo Courtney: Good afternoon. My name is Marlo Courtney. I'm a proud Wynwood BID (Business Improvement District) Board member, as well as with Goldman Properties, which was one of the pioneering developers of Wynwood, when we first started buying properties back in the early 2000s. I'm here to speak in favor, as well as Manny did, in favor of SR.1. I certainly think that the -- you know, our -- our Wynwood neighborhood and our -- our organization along with all of our -- all of the members of our organization are truly looking to, you know, to always be better and to improve. This pilot program will -- will --1 think we will all be very, very proud of. I think it will be -- will be good for -- for the City to, you know, have these additional tools and I'm very, very much in favor of this program moving forward. Thank you. Vice Chair Russell: Thank you, Marlo. Good morning. Irving Lerner: Hi, hi. My name is Dr Irving Lerner, 5901 Moss Ranch Road, Pinecrest. I'm a charter member of the Wvnwood Business Improvement District Board. I am in favor of SR.1. My family has been in Wynwood since last -- since the 50s of the last century. I've been -- I've grown up in Miami. I'm a native Miamian who loves our cosmopolitan city and wants it to thrive and prosper: I want to thank the Commission for your support in the past for helping us get Wynwood Business Improvement District passed and organized and with its evolution these past few years, you've helped us pass a few amendments. As we evolve we change and we improve the area and it's usually, you know, it's a very democratic process. With limited funds we have, you know, we obtain through self:taxation, we've created a dynamic district that is safer and cleaner. Wynwood is the number one visited district in the city and is an asset to -- to our image and our coffers, City ofMiamis coffers. Wynwood is home to galleries, retail stores, restaurants, bars, and now office and apartment buildings. In the past, you know, it just used to be bars and we created -- we wanted to create a place that was learn, eat, play, work, and live. It just became play and loud and it wasn't enforceable, and nobody really cared because we weren't - - we weren't stepping on anybody's toes. But now with -- with residences and other City of Miami Page 33 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 expensive investments and restaurants and other businesses, noise has become a real problem. And it's not really enforceable with the old Miami 21 ordinance. So the stakeholders, we all came together and, you know, and came to an agreement, and we -- these noise standards we hope will be passed. It's a pilot program. We think it's going to work, and I want to thank you for listening. Thank you so much. Vice Chair Russell: Thank you, Doctor Good to see you. Neisen Kasdin: Good afternoon, Mr Vice Chair and members of the Commission. Neisen Kasdin representing Miami Design District Associates. I'm here on PZ.10. I would first like to note and wish the Clerk happy birthday and thank him for his great service to the community. Our senior planner Christina Miller is going to be passing out some recommended additional language for PZ.10, which will recognize the vested rights of existing SAPs that are bisected by the FEC right of way. That language would simply provide that special area plans in existence of the effective date of the ordinance, if adopted, the term abutting shall continue to include properties separated by the FEC railway corridor or across the street or alley, regardless of dimensions. This just recognizes the vested rights, which I think is very important for our particular SAP. A few additional thoughts 1 would like to share with you regard to this item. The proposed language is actually in contradiction to the goals of Miami 21, which states specifically that developments should be concentrated along and around major transit corridors and thoroughfares. There is none in the City of Miami that is more important for that going into the future than the FEC corridor itself There also happens to be an unfortunate history of railroad tracks dividing communities. We have an opportunity here to use the SAP as a vehicle to unite communities around transit hubs and across transit corridors and the SAPs remain properly done an excellent opportunity for doing that. So we would encourage you to consider this, and at a minimum put in the language that I have passed out. Thank you. Vice Chair Russell: Thank you. Madam City Attorney, if you could remind me when we do get to PZ.10 to address that requested amendment. Thank you. Albert Garcia: Good afternoon, Mr Chairman and Honorable Commissioners. Thank you for the opportunity to speak today. My name is Albert Garcia. I'm the chairman and co-founder of the Wynwood Business Improvement District, 50 Northwest 24th Street, of course here in the City of Miami. The 50 city block Wynwood district is united and respectfully asking that you vote yes today, on SR.1. By supporting and approving SR.1, you will allow the Wynwood NRD-1 (Neighborhood Revitalization District) community to implement a pilot noise program. As you've heard from some of my fellow colleagues on the board this morning, this program will allow the City to implement a methodical, acoustical framework which doesn 't exist currently for current and future development in the Wynwood NRD-1 area that will jurther enhance the quality of life of our residents. as well as business owners, and the millions of annual visitors that come to Wynwood each year. If approved, it's important to point out that this will at zero cost to City of Miami taxpayers, as the Wynwood Business Improvement District will be funding the equipment and the training that's required for the Department of Code Compliance to effectively implement this program throughout the pilot phase. The legislation is the culmination of over a year and a half of countless public meetings, townhalls, and workshops that have brought together City of Miami Page 34 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 different groups that in the past maybe weren't seeing eye to eye and working together, and has really come to stand united before you today as you recognize that our challenges will continue as we evolve, but right now we need this plan to continue Wynwood dynamic and robust evolution. We recognize our economic and business climate, our arts and identity programming, as well as the residential community and the office that's coming to Wynwood. Again I mentioned it has universal support. I want to call out of course, not just our board of directors, but the Wynwood Restaurant and Bar Association, the residential and multi family building owners, tenants, and commercial property owners, including the related group, Goldman Properties and the Mana organization, which is not here today, but I'm speaking on their behalf. Thank you to our co-sponsors, the Mayor, of course, our Wynwood Commissioners, Commissioner Russell, Commissioner Watson, Jroyour co- sponsoring this legislation. All of our Commissioners, and 1 want to give a shout out to Commissioner Reyes because you also chair the DDA (Downtown Development Authority) and as you know, the DDA and the Wynwood BID have been very successful in attracting new tenants, new office, new technology companies to Miami. So we 're evolving and we're growing and we're taking that responsibility very much to the heart of what we do and what we ask you guys to support us as we move forward. So thank you as always for your support of Wynwood and for the opportunity to speak today. Vice Chair Russell: Thank you, Albert. Good morning. Paul Savage: Good afternoon, now, Chair. My name is Paul Savage with law offices at 2555 Ponce De Leon Boulevard, Coral Gables, Florida. I'm here in the public comments section to talk about PZ.10 and to respond a little bit to our friend, Nelsen Kasdin, who just spoke with some amendment language. To follow his lead, I do want to wish Todd Hannon a happy birthday today and also express to the City Attorney's Office and all of the City staff how much I appreciate them helping me, working with me, and responding to me. It's my pleasure to see you again. Very quickly, the amendment language that was already drafted -- voted unanimously by this body previously, it's a wise -- it is a wise policy and a wise piece of legislation. And that's why you voted for it, that's why it went to -- it was authorized to go forward to PZAB (Planning, Zoning and Appeals Board) and PZAB voted for it 9-1 and it's coming now up before you again today. The point I'm getting to, sir is that the idea of vested rights for people who have them or make claim to them is a legal concept that Mr. Kasdin not only himself but he has floors of good partners and attorneys who can advance vested rights arguments if they ever need to do that. They're excellent lawyers and they're fidly capable. You don't need to promulgate and legislate vested rights language for the protection of Mr Kasdin's clients or anyone else. I would just urge you to focus on what's a wise policy or not and let lawyers like myself and Mr: Kasdin hammer out vested rights and things like that. Vice Chair Russell: Thank you, Mr. Savage. Mr. Savage: Thank you, sir Vice Chair Russell: Ms. Betancourt, good afternoon. City of Miami Page 35 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Brenda Betancourt: Good afternoon. Brenda Betancourt, 1436 Southwest 6th Street. Happy Birthday, Todd. We definitely going to eat cake. So that's for our diet. 1 just want to support the resolution RE.9. I think it's important to understand that small businesses still struggle into today, and to be able to help them to keep the outside dining is great, but I would like to -- for you guys to think about it to help them to increase the overload of those restaurants, small and big restaurants, that they are using that opportunity to have outside dining. We have proof during the COVID-19 that it is possible to have outside dining safely. So if it's possible that you guys can think about it and see if it's possible to help then and not just through a resolution, but the City of -- the City employees who are working on that, to understand that sometimes closing a restaurant for a day or two days is -- it make a big impact in everybody's life. And about supporting SR.4, which is the park fbr Jose Francisco Morazan Quesada is always great, thank you so much. The sane way that you're doing now for the community, Nicaraguan community, thank you. Just want to check on FR.2, the Calle Ocho. That will start -- Calle Ocho start -- actually began in 1970s, by the Calle Ocho, which I preside now and I would like for you guys to see if the same nominees that was when it was created, that committee, are going to state. Vice Chair Russell: Okay. Ms. Betancourt: I'n glad that the City taking over for that project, but 1 would like to know what happened with us that we were appointee and the reasons 1 was one of the appointee was because the Chamber of course was the one to start Calle Ocho and the -- Vice Chair Russell: Thank you. Ms. Betancourt: Thank you. Vice Chair Russell: That item has been indefinitely deferred, so it may come back any time within the next six months. Ms. Betancourt: Thank you. Vice Chair Russell: Thank you. Is there anyone else here who 'd like to speak at public comment? Hi, mom. Can I call you back? Everything okay? All right. Okay. Bye. (COMMENTS MADE OFF THE RECORD) Vice Chair Russell: When mom calls, you answer. I'm sorry. Anyone else here to speak at public comment? Seeing none, we'll close public comment. No more. Planning Zoning items, everything, speak now, hold your peace. Thank you very much for your advocacy. We'll close public comment now and we can knock out a couple items really quick before lunch. City of Miami Page 36 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 AM.2 AM.3 City Commission - City Commission Meeting - Apr 9, 2020 9:00 AM MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Approve APPROVED Manolo Reyes, Commissioner Ken Russell, Commissioner Russell, Reyes, Watson Diaz de la Portilla, Carollo Pee Chair Russell: Thank you. Can I get a motion to approve the minutes of regular meetings April 9, May 28th, July 23rd, May 14th, and July 9th? That's AM.1 through 5 moved by Commissioner Reyes, seconded by the Chair. Any f trther discussion? All in favor say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. City Commission - City Commission Meeting - May 28, 2020 9:00 AM MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Approve APPROVED Manolo Reyes, Commissioner Ken Russell, Commissioner Russell, Reyes, Watson Diaz de la Portilla, Carollo Note for the Record: For minutes referencing Item Number AM.2, please see Item Number AM.1. City Commission - City Commission Meeting - Jul 23, 2020 9:00 AM MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Note for the Record: Number AM.1. Approve APPROVED Manolo Reyes, Commissioner Ken Russell, Commissioner Russell, Reyes, Watson Diaz de la Portilla, Carollo For minutes referencing Item Number AM.3, please see Item City of Miami Page 37 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 AM.4 City Commission - City Commission Meeting - May 14, 2020 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Note for the Record: For minutes referencing Item Number AM.4, please see Item Number AM.l. AM.5 City Commission - City Commission Meeting - Jul 9, 2020 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Note for the Record: For minutes referencing Item Number AM. S, please see Item Number AM.1. MV - MAYORAL VETO(ES) NO MAYORAL VETOES There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. Nee Chair Russell.: Mr Clerk, are there any mayoral vetoes today? Todd B. Hannon (City Clerk): Chair there are no mayoral vetoes. END OF MAYORAL VETO(ES) City, of Miami Page 38 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 CA.1 9501 Department of Fire - Rescue CA.2 9542 Department of Fire - Rescue CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE VILLAGE OF KEY BISCAYNE ("VILLAGE") TO PROVIDE FIRE - RESCUE, AUTOMATIC AID, AND ANCILLARY SERVICES TO THE VILLAGE FOR A PERIOD OF FIVE (5) YEARS COMMENCING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2026. ENACTMENT NUMBER: R-21-0381 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.1, please see "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE, IN SUBSTANTIALLY THE FORM AS EXHIBIT "B," MEMORANDA OF AGREEMENTS ("MOAS") BETWEEN THE CITY OF MIAMI ("CITY"), THROUGH THE DEPARTMENT OF FIRE - RESCUE ("DEPARTMENT") AS THE SPONSORING AGENCY OF FLORIDA TASK FORCE 2 UNDER THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY'S NATIONAL URBAN SEARCH & RESCUE RESPONSE SYSTEM, ACTING THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE OF FLORIDA, AND EACH OF THE CURRENT AND ANTICIPATED PARTICIPATING AGENCIES IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY FUTURE AMENDMENTS, EXTENSIONS, AND/OR SUPPLEMENTS TO THE MOAS, SUBJECT TO CONSULTATION WITH THE DEPARTMENT, APPROVAL OF LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY, AND BUDGETARY APPROVAL AT THE TIME OF NEED. ENACTMENT NUMBER: R-21-0382 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see "End of Consent Agenda." City of Miami Page 39 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 CA.3 9491 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A VOLUNTARY COOPERATION MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, APPROVING THE CITY OF MIAMI POLICE DEPARTMENT'S CONTINUED PARTICIPATION IN THE SOUTH FLORIDA FINANCIAL CRIMES STRIKE FORCE CONSISTING OF THE STATE ATTORNEY'S OFFICE FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY AND OTHER PARTICIPATING LAW ENFORCEMENT AGENCIES TO COMBAT ILLEGAL MONEY LAUNDERING, DRUG TRAFFICKING, AND RELATED CRIMINAL VIOLATIONS AND TO DISRUPT ORGANIZATIONS ENGAGING IN SUCH ACTIVITY THROUGH COORDINATED AND LONG-TERM INVESTIGATIVE, FORFEITURE, AND PROSECUTION EFFORTS PURSUANT TO THE AUTHORITY UNDER PART 1, CHAPTER 23 OF THE FLORIDA STATUTES, TITLED "FLORIDA MUTUAL AID ACT." ENACTMENT NUMBER: R-21-0383 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.3, please see "End of Consent Agenda." CA.4 RESOLUTION 9514 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING EIGHT (8) RIGHT-OF-WAY DEEDS OF DEDICATION (COLLECTIVELY, "DEEDS"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR RIGHT-OF-WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN COPIES OF THE DEEDS. ENACTMENT NUMBER: R-21-0384 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.4, please see "End of Consent Agenda." City of Miami Page 40 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 CA.5 RESOLUTION 10601 Department of Human Services CA.6 10582 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING AND APPROPRIATING ADDITIONAL GRANT FUNDS IN AN AMOUNT OF THIRTY SEVEN THOUSAND SIX HUNDRED TWENTY-FIVE DOLLARS AND FORTY-ONE CENTS ($37,625.41) FROM THE MIAMI FOUNDATION UNDER THE ADVANCING CITIES PROGRAM FOR A NEW TOTAL AMOUNT NOT TO EXCEED FIVE HUNDRED FOUR THOUSAND SIX HUNDRED TWO DOLLARS AND FORTY-ONE CENTS ($504,602.41) FOR THE RECENTLY ESTABLISHED SPECIAL REVENUE PROJECT TITLED "ADVANCING CITIES GRANT PROGRAM" TO SUPPORT THE CITY OF MIAMI'S EFFORTS TO INCREASE WORKFORCE PLACEMENTS, IMPLEMENT A DATA MANAGEMENT SYSTEM, PROVIDE SUPPORT SERVICES FOR PROGRAM CANDIDATES, AND ASSIST SMALL BUSINESSES WITH PROCUREMENT ACTIVITIES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT AND ANY AMENDMENTS, MODIFICATIONS, AND EXTENSIONS THERETO, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO ACCEPT THE GRANT AND IMPLEMENT THE PROGRAM. ENACTMENT NUMBER: R-21-0385 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.5, please see "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH TOWN SQUARE NEIGHBORHOOD DEVELOPMENT CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION, IN CONNECTION WITH THE COLLABORATION AND COORDINATION OF THE INTERSTATE 395 HERITAGE TRAIL/SIGNATURE BRIDGE UNDERDECK PROJECT LOCATED ALONG I-395/STATE ROAD 836 BETWEEN NORTHWEST 3RD AVENUE AND BISCAYNE BAY, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID MOU, AS MAY BE NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN FURTHERANCE OF THE TERMS AND CONDITIONS OF THE MOU. ENACTMENT NUMBER: R-21-0386 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.6, please see "Order of the Day" and "End of Consent Agenda." City of Miami Page 41 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 END OF CONSENT AGENDA Vice Chair Russell: Is there a motion on the CA (Consent Agenda) agenda? Commissioner Reyes: Moved. Vice Chair Russell: Moved by Commissioner Reyes, seconded by -- Commissioner Watson: Discussion second. Vice Chair Russell: Seconded by Commission Watson. You had an item for discussion on there? Commissioner Watson: Hold on. Vice Chair Russell: It is just the CA. Commissioner Watson: I thought I had an amendment somewhere. Maybe. Okay, no, I'm fine. Thankyou. Vice Chair Russell: All in favor say aye. The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on CA.1. through 6. Thankyou very much. City of Miami Page 42 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 PH - PUBLIC HEARINGS PH.1 RESOLUTION 9440 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING PROGRAM YEAR 2021-2022 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $3,098,006.65 IN THE ECONOMIC DEVELOPMENT CATEGORY TO THE AGENCIES AND/OR DEPARTMENTS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR ECONOMIC DEVELOPMENT ACTIVITIES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0387 MOTION TO: Adopt RESULT: ADOPTED MOVER: Jeffrey Watson, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Vice Chair Russell: So are we good to move forward on PH.1? George Mensah (Director, Housing and Community Development): Yes, which is basically District 4 and -- Commissioner Watson: 5. Mr Mensah: -- District 3 allocations. Vice Chair Russell: Is there a motion on PH.1? Commissioner Watson: So moved. Commissioner Reyes: Second. Vice Chair Russell: Moved by Commissioner Watson, seconded by Commissioner Reyes. All in favor say aye. The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. We've completed the PH (Public Hearing) agenda and parts of the RE (Resolution) agenda. City of Miami Page 43 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 PH.2 RESOLUTION 9441 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING PROGRAM YEAR 2021-2022 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $853,386.15 AND $29,410.72 FROM THE PREVIOUS YEAR'S PROGRAM INCOME, FOR A TOTAL AMOUNT OF $882,796.87 IN THE PUBLIC SERVICE CATEGORY, TO THE AGENCIES SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES BEGINNING OCTOBER 1, 2021; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0388 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Note for the Record: For additional minutes referencing Item Number PH.2, please see "Public Comments for all Item(s)." Vice Chair Russell: Apologies, I skipped the PH (Public Hearing) agenda. Is there a motion for the remaining PH agenda? Commissioner Reyes: PH, PH. Hold on a second. Nee Chair Russell: This is PH.1, 2, 3, 5, and 6. Commissioner Watson: 1. Commissioner Reyes: 1, 2, 3, 4 -- Vice Chair Russell: Not 4. Commissioner Watson: PH.1 hold out. Vice Chair Russell: Okay. We'll pull out PH 1 which is the CDBG (Community Development Block Grant) allocation. Commissioner Reyes: Okay. Vice Chair Russell: So we're talking about PH.2, 3, 5, and 6. Commissioner Reyes: 5 and 6. Okay. City of Miami Page 44 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: Moved by Commissioner Reyes, seconded by the Chair. Any further discussion? All in favor say aye. The Commission (Collectively): Aye. Vice Chair Russell: Motion passes on PH.2, 3, 5, and 6. And let see if there's any other business we can take care of before lunch. Commissioner Reyes: Okay. Commissioner Watson: Mr. Manager, what's -- through the Chair Vice Chair Russell: You are recognized. Commissioner Watson: Mr. Manager-, what's the date of this report on Miami 21? Arthur Noriega (City Manager): It's in October. I believe it's the second meeting in October I believe. Commissioner Watson: Because we keep -- Mr Noriega: Is when they're scheduled to report. Commissioner Watson: -- piecemeal amending the Code. Vice Chair Russell: That would be October 28th? Mn Noriega: Yeah, I think it was the 28th. Vice Chair Russell: Commissioner, did you need more work on PH 1 for the CDBG change or are you ready to talk -- Commissioner Watson: I just wanted to find out, Mr. Mensah, we're good with my signatories relative to distributions, right? George Mensah: George Mensah, Director of Housing and Community Development. Your allocations will come next -- October 14th. Commissioner Watson: Okay. Mr Mensah: It requires advertising. Commissioner Watson: Okay. I just wanted to make sure that was done. Vice Chair Russell: What about the item that Ms. Del Monte brought? Is that included in this? Mr Mensah: That would be included on this allocation -- Commissioner Watson: Yeah, Ms. -- City of Miami Page 45 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: So that will be corning at the next meeting? Mr Mensah: Yes. Commissioner Watson: Ms. Delmonte -- that will be coming the next meeting. That will give me a chance to speak to he,: Vice Chair Russell: All right. So are we -- Commissioner Watson: I've just gotten some information that 1 need to understand and clarify for her as we work -- Mr Mensah: Mi. Chair, we also included your allocations. Vice Chair Russell: In October 14th or in this item today? Mr Mensah: Yes, October 14th. Vice Chair Russell: Of course. PH.3 RESOLUTION 9500 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REALLOCATING UNEXPENDED HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS FUNDS FOR FISCAL YEAR 2019-2020, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO BE USED FOR RENTAL ASSISTANCE, SUPPORTIVE SERVICES, AND OTHER ELIGIBLE ACTIVITIES FOR LOW-INCOME INDIVIDUALS AND FAMILIES LIVING WITH HIV/AIDS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. ENACTMENT NUMBER: R-21-0389 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Note for the Record: For minutes referencing Item Number PH.3, please see "Public Comments for all Item(s)" and Item Number PH.2. City of Miami Page 46 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 PH.4 RESOLUTION 10584 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT OF EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE FLORIDA POWER & LIGHT COMPANY, A FLORIDA PROFIT CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY FIVE THOUSAND SEVEN HUNDRED NINETEEN (5,719) SQUARE FEET OF CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 3385 PAN AMERICAN DRIVE (FOLIO NO. 01-4122-002-0040) AND 2640 SOUTH BAYSHORE DRIVE (FOLIO NO. 01-4122-002-0011) MIAMI, FLORIDA (COLLECTIVELY, "PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("EASEMENT AREA"), FOR THE PURPOSE OF CONSTRUCTION, OPERATION, AND MAINTENANCE OF UNDERGROUND ELECTRIC UTILITY FACILITIES, INCLUDING CABLES, CONDUITS, APPURTENANT EQUIPMENT, AND APPURTENANT ABOVE GROUND EQUIPMENT, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE EASEMENT, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT AREA LOCATED AT THE PROPERTY. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Reyes, Watson ABSENT: Carollo Note for the Record: Item PH.4 was deferred to the October 14, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number PH.4, please see "Order of the Day." Jeffrey Bass: No, I'm here -- I'm requesting that we hear this item shortly. My name is Jeffrey Bass, my address is 46 Southwest 1st Street. I have an appellate argument at 1:30. Vice Chair Russell: This is in regard to the easement between the two properties, the two City of Miami properties. Mr Bass: I'd ask if we could take it out of order, I would request I do that so I can get in front of the judges as I need to, because they won't -- Commissioner Watson: And that's today? Vice Chair Russell: Yes. Mr Bass: At 1:30, yeah. City of Miami Page 47 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Watson: Go ahead. l just want to say something right after you finish. Real quick. Vice Chair Russell: Got it. Commissioner Reyes: Wait, wait. This is that easement around here? Vice Chair Russell: That way. Commissioner Diaz de la Portilla: That way. Commissioner Reyes: That easement around here? Commissioner Diaz de la Portilla: Around here. Commissioner Reyes: And you are? Mr Bass: My name is Jeffrey Bass, 1 represent Grove Bay. 1 do not want it to be deferred. I would like it to be heard shortly, if possible, out of order so that 1 can -- Commissioner Reyes: No, because you said something like it sounded a little threatening. That -- because -- before I take it to court. Mr Bass: No, no. I have to be in court. Commissioner Reyes: Oh, I thought that you were trying to take us to court. Victoria Mendez (City Attorney): No, no -- Commissioner Reyes: I said, well, we don't work well with threats. Mr Bass: No, no, no, no. No, I have to be in court. I have to be -- Ms. Mendez.: No, no, he has a hearing today. Commissioner Reyes: Oh, okay. Mr Bass: Okay, please -- Vice Chair Russell: Don't mess with Reyes. Mr Bass: Thank you for the opportunity to clarify. Vice Chair Russell: Don't mess with Reyes. Mr. Pathman? You were requesting a deferral of the item; is that correct? Wayne Pathman: Yes, Commissioner. Wayne Pathman with the Law Office of Pathman Lewis. I'm here on behalf of Grove Harbor. We're requesting the deferral because in the past there's been a lot of discussion about where this easement should go. I sent to City of Miami Page 48 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 all of you this morning, 1 received an email from FP&L (Florida Power & Light), the engineer who is in charge of the project. And he says it is possible to relocate the easement, the proposed easement, and he would like to meet with us. So I am suggesting that the parties, Grove Bay, Grove Harbor, the City, FP&L, have a meeting within the next two weeks to see if it's possible to relocate the easement. The easement unduly burdens my client's property. In addition to that, under the lease, the City as the landlord had the obligation to notify and seek the consent of my client before you impacted or encroached on their property to put the easement. That was never done. So I'm asking the City as the landlord to simply follow the lease, allow us to participate in the issue of where the easement should go, to the benefit of all parties. Vice Chair Russell: How does the easement have a negative impact on you? Me Pathman: Because on our property, where the easement is being proposed, we have proposed and have been working on a project for the last few years to put a new dock master building and other amenities. If the easement is put in that location, we wouldn't be able to build the building because we can't build over the easement. Vice Chair Russell: Commissioner Diaz de la Portilla then Commissioner Reyes. Commissioner Diaz de la Portilla: Madam Attorney, there's been a back and forth for a long time on this issue. We had a briefing yesterday that you kind of told me there's some resolution at the end -- some light at the end of the tunnel. Can you expand on that a little bit today for the purposes -- for the other Commissioners? Commissioner Reyes: Yes. Ms. Mendez: To the extent that the easement that's being sought to be given today is an easement that burdens their property less. So right now they have an FP&L easement smack dab in the middle of their property. The easement that's being proposed today is an easement that moves it out of their property, which would give them more flexibility in building whatever they're planning to build which the City doesn't have plans for at this point. Commissioner Diaz de la Portilla: So are you aware of that moving of the easement? Mr Pathman: I am. The easement that the City Attornev's talking about was also one we didn't receive notice about. If you're familiar with the area, there's Charthouse Drive and eventually there'll be a turnaround. Commissioner Diaz de la Portilla: But forget about the notice. Did you see that changes that are being proposed? Mr. Pathman: I saw the change, but the change still impacts. The easement is completely on our property. Commissioner Diaz de la Portilla: Because my understanding -- well, it doesn't matter if it's on your property. That's what an easement is, right, it has to be on someone's property. City of Miami Page 49 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Mr. Pathman: Well -- Commissioner Diaz de la Portilla: Hold on. Mr Pathman: Okay, sure. Commissioner Diaz de la Portilla: The question is, what I was told yesterday, maybe if I'm wrong, correct me, but what I was told yesterday by our City Attorney was that it no longer impacts what you want to do on that property. You told me you wanted to build a dockmaster station and other things like that, but the relocation of that easement, does it no longer impact that specific site that you want to build that on? Mr Pathman: No, it does not. Commissioner Diaz de la Portilla: Okay, that's the answer to the question. So it addressed the main issue you have that you wanted to build something there, the solution now is that it's no longer -- the easement's no longer there, so what's the problem now? Mr Pathman: The easement from 2004 was more impactful but it was never; you know, never placed on the property. At the time no notice was given. Now there is a proposal to move the easement to further south on the property. Commissioner Diaz de la Portilla: But are you going to build? Do you have any plans, does your client have any -- Mr Pathman: Yes. Commissioner Diaz de la Portilla: If I may, Mr. Chair. Vice Chair Russell: Yes, of course. Commissioner Diaz de la Portilla: Does your client have any plans to build where the new proposed easement is going to be located? Mr Pathman: Yes. Commissioner Diaz de la Portilla: Well that's not what you said. Mr Pathman: No, that is what I said. That's been our position all along, is that -- Commissioner Diaz de la Portilla: You said that -- no, no. I asked you, you said you're going to build a master station, a dock station, a dockmaster station -- Mr. Pathman: A dockmaster station, yes. Commissioner Diaz de la Portilla: Right, a dockmaster station. And the new placement of that easement, the new location for that easement no longer impacts where you're going to place that station; is that correct? City of Miami Page 50 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Mr. Pathman: No. Commissioner Diaz de la Portilla: Okay, I misunderstood then. Mr Pathman: I have a diagram that I could share that shows exactly where the easement is and where the building would be. Commissioner Diaz de la Portilla: Well 1 don't want to debate it now It depends on what the Commission wants to -- my colleagues want to do. I mean -- Commissioner Reyes: No, 1 just want to say this. And I have to disclose that yesterday that I received a call from your person, from -- Pathman: My client. Commissioner Reyes: -- Gino. And I stated my position on it. But before that, I am going to ask Mr Bass, I suggested, I suggested during our meeting with the City Attorney and the Manager and all that doing agenda prep, I suggested that we lower the easement closer to the division line. Because I'm going to be very blunt, and I don't pull my punches, you see, and I know exactly what's going on here. This is a divorce. And there is bad blood between both parties. But the City of Miami cannot be a victim of that personal dispute. We cannot. 1 wouldn't be fulfilling my duty ifI allowed that. My duty is to look after the city of Miami. And as much as I like whoever is doing the development, I think the city of Miami needs that development. We need it. I suggested that we move the easement a little bit lower. And I informed your boss that that could happen. I mean if that could happen it would be acceptable, I mean it would be possible, I'm asking you, it will be possible to move the easement, the line, closer, a little bit closer to the property line. And because, let me tell you this, I also very clearly told them that I took offense of receiving a letter from the attorney in the afternoon with, I mean just a drawing, a very poorly drawn -- the drawing of a building that is going to be built on top of that easement that I've never seen before, you see? Like no, no, no, we're going to build this, and now we have -- this is the way that we're going to build it. But that building is going to be right on top of the easement. I asked there are plans for that building? There are no plans for that building. Mr Pathman: There are plans, Commissioner. Commissioner Reyes: Well, where are the plans? Because it was not a rendering, it was a poorly drawn couple of squares. But my question is that that is -- I mean next time that you're going to offer anything like that, I mean, you know, your work and all of that, do it beforehand. Don't do it the day before it and don't try to make a fool out of us. That now you'll have a building that suddenly, suddenly, is going to be on top of that easement. I mean that's not right. Mr. Pathman: I regret the timing, Commissioner, but I was retained on Friday. Commissioner Reyes: He told me that you -- Mr. Pathman: I tried to with the City Attorney Monday. City of Miami Page 51 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Reyes: -- were hired on Friday. I commend you. I mean developing that excuse between Friday and today, you see? I commend you, how fast you are. Okay? But do you agree rf it is possible to lower it? Because he told me it was. Is it possible to lower the easement -- I mean closer to the line? Because he said that it's only five feet what they need. Mr Pathman: Commissioner, ifI could just respond to that quickly. I sent --1 just received while I was here this morning a letter from FP&L, from the project manager; the engineer. I sent it to all of you, the City Manager and the City Attorney. It says, Wayne, FP&L has no objections to changing the route of the conduits. Please confer with all parties involved, work out an adjustment. Once -- please show; and this is the way it's worded unfortunately please show us the final routing. It can be adjusted in the field and a new survey easement be produced. All I'm requesting is to solve the problem. I have a simple solution. It's only roughly about, I think 20 to 35 feet of the proposed easement to be moved. Commissioner Reyes: No, no, no, no, no, no. According to my conversation with Gino yesterday, he said the only thing that 1 wanted, to move it five feet towards the -- Mr. Pathman: To the boundary line. Commissioner Reyes: -- boundary line. Mr Pathman: I'm saying the length of it. Commissioner Reyes: Okay. Mr Pathman: The length of the easement. Move it. Commissioner Reyes: One thing that I want to make clear Mr Pathman: Yeah. Commissioner Reyes: I will not, I will not accept the City being held hostage because there's personal disputes. I will not accept that. That is not right. Commissioner Diaz de la Portilla: And I agree with that. You know, we shouldn't be in the middle of this family feud. I mean you guys figure it out. Deferral may not be a bad idea as long as we do the same thing we did with the other issue which is, you know, come back, come back time certain, come back next Commission meeting. And you guys figure it out. You guys sit down and -- Vice Chair Russell: Well they're not going to figure it out. They're going to -- what I'd like to hear from is our Real Estate Asset Management Department and -- Commissioner Diaz de la Portilla: Hold on, but I'm not -- Vice Chair Russell: Pm sorry, I didn't mean to interrupt. City of Miami Page 52 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Diaz de la Portilla: -- but I'm not finished. 1 mean this is my suggestion, Chair Vice Chair Russell: Yeah. Commissioner Diaz de la Portilla: And I don't know what the will of the Commissioner is, but if you guys, I think we should give them an opportunity to figure it out, right? 1 believe that people can -- logical, you know, and sensible people can sit down and talk things out. If guys are so apart that you can't figure it out, let us know and then we'll make a decision for you. But 1 agree with Commissioner Reyes, you know, this back and forth, this thing keeps on coming and coming and it just won't go away. We have much more important things at the end of the day to do on this City Commission than, you know, kind of mediate between you two guys. Okay? And between your two clients, I7n not talking about you two personally, Pm talking about your clients. Figure it out and come back to us, what 1 recommend, and come back to us with something that makes sense. And stop wasting our time. We've got a lot of things to do including a budget. We have public comment we haven't even heard. We really have important things to do for the City. This is an important issue, but it's not more important than many other issues that we have. So figure it out. That's what 1 recommend. Mr Pathman: We would be happy to do that. We haven't been invited to be -- Commissioner Diaz de la Portilla: I thought you had because my City Attorney told me yesterday -- Mr Pathman: -- part of the dialogue. Commissioner Diaz de la Portilla: I thought you had because my City Attorney told me yesterday there was some sort of compromise. Ms. Mendez: The compromise -- Commissioner Diaz de la Portilla: I mean that there was some -- Ms. Mendez.: Solution. Commissioner Diaz de la Portilla: There was a solution to the problem. Ms. Mendez: The solution was a hold harmless, an indemnification, from Grove Bay. Commissioner Diaz de la Portilla: Correct. That's what I asked you earlier and -- Ms. Mendez: I didn't get to because then all the questions started. Commissioner Diaz de la Portilla: I'm sorry. If you can elaborate on what the solution is. Ms. Mendez: Right. So the solution was for the Commission to approve this item with a hold harmless, an indemnification, from Grove Bay which we have already drafted City of Miami Page 53 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 needed, if it's the Commission's will to go forward. At the end of the day there is litigation amongst the parties which has addressed in favor of Grove Bay going forward with these issues. The easement at this time that's being given will release the old easement which is much more cumbersome than the easement that is being given today. There's also water and sewer easements already there that do not allow for any type of building on that area. However, the easement's -- Commissioner Diaz de la Portilla: So that's -- Ms. Mendez: -- that's being proposed now is a better easement than the ones that they have which will be released. I'm sorry. Commissioner Diaz de la Portilla: Now you're very clear Now you made the same thing you told me yesterday. So now there are other easements that do not allow you to build there anyway. Correct? Mr Pathman: That's not -- I would disagree with the City Attorney. There's a water main easement that can be moved which is typical when you're doing a project. Commissioner Diaz de la Portilla: Right. Mr Pathman: The other easement that we speak of is from 2004, nothing's been done with that, that's why you can now have this new easement. I just want to point out how simple this is. Commissioner Diaz de la Portilla: Well is it really? Is it really a building that's been planned? Mr Pathman: Yes, we have plans from 2017. We had met with the former DREAM (Department of Real Estate & Asset Management) Director about the plans. Commissioner Diaz de la Portilla: In that -- in that location? Mr Pathman: In that location. It's the only location left for them to develop. Commissioner Diaz de la Portilla: In the new location that was -- Vice Chair Russell: If1 could interrupt? Commissioner Diaz de la Portilla: I'm sorry. I'm trying to understand -- Vice Chair Russell: No, no, no. Commissioner Diaz de la Portilla: -- the relationship. Vice Chair Russell: While he's saying that I'm seeing negative head shaking -- Commissioner Diaz de la Portilla: I know City of Miami Page 54 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: -- from my City Manager and my Real Estate Asset Manager, so I want to verify that some sort of plan has been submitted. (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Diaz de la Portilla: That's the whole issue. We should have had -- I'm sorry -- with all due respect, I want to hear from our professional staff You were hired on Friday. I don't think that you're well versed on the issue. Commissioner Reyes: Well he said -- Commissioner Diaz de la Portilla: It's not your fault, you were hired five days ago. We get it. Mr Pathman: Actually I have quite a bit of knowledge, but I'm happy to hear from the Manager and -- Commissioner Diaz de la Portilla: But let's hear from our professional staff the people that we pay a lot of money to tell us what they think. So, Manager, and then City Attorney, and then DREAM. And then you call on them, you're the Chair, but 1 don't want this back and forth. You know? Arthur Noriega (City Manager): I mean as I stated in the briefings, I think our position is very clear I think we should move forward with the approval of this easement as stands. I think its significantly less intrusive than the one that exists now. His client was a party to the original agreement that actually identified that easement, so they've been well aware of it since '04, whether it's been enacted upon or not. And to say they didn't know about it is simply untrue. I don't know if that's what his client told him, but that's not true. So, I think we should move forward. I think it's going to cause, and I'll let the Grove Bay guys weigh in on this, but I think it has a material impact on them to have this delay because then they can't move forward with the utility work. We've obviously seen a lot of progress there, they're already behind schedule, and I think that at this point it inures to the City's best interest to move this along as soon as possible. And I think that whatever, you know internal dispute they have, we have not seen any plans, no plans have been submitted for any additional work to that site, so as far as we're concerned, we feel like the City's protected. We also feel like it's in the City's best interest to move forward with the easement. Vice Chair Russell: Commissioner Reyes. Commissioner Reyes: But nobody has answered my question, you see. Why, why are you opposed of moving the easement a little bit? I mean, it's just a question that I want answered. Because I have to. I want to be as fair as I can. Vice Chair Russell: You're trying to find a compromise. Commissioner Reyes: That's right, I'm trying to find a compromise. I mean why cannot it be moved five feet towards the property line? Why? I mean is there an impediment? City of Miami Page 55 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Mr. Bass: Yes. Yes, through the Chair. Vice Chair Russell: Of course. Mr Bass: There are existing easements and existing utilities with which it would conflict to move it any further Commissioner Reyes: But they are right on top of the -- of the property line? Mr Bass: They would -- if we were to move this proposed easement any further; it would start to conflict with the existing utilities that are already in place and plan to be -- Commissioner Reyes: But you mean that -- define conflicting. Mr Bass: We have a sketch which I think we could show you if you bear with me for a minute. We have a plotting of the existing -- Commissioner Reyes: Okay. Mr Bass: -- easements. While 1 get that may I just make a couple of quick -- Commissioner Reyes: No, no, hold on a second, I haven't finished yet. Mr Bass: Okay. Commissioner Reyes: I haven't finished yet. That is one question. The other question that I have is, Madam City Attorney, I heard you say that there are already easements that they are gas easements, there are water easements. That they are on the property, on that property, that therefore, no construction can take place on top of those easements? Ms. Mendez: Well they are more burdensome easements. You can't really put a building on top of a water main or anything like that. Commissioner Reyes: Okay. Okay, that explains it. Ms. Mendez: But the new easement that's proposed is better than their existing FP&L easement. It is literally straddling the property line as compared to the one that's existing now that's bigger at ten feet and goes straight in the middle of their property line. Commissioner Reyes: But correct me if I'm wrong. know nothing happens and they want to build all the way to the property line as they are proposing, then no easements have to be put in place? I mean all those -- I mean the water main should be moved then, right? They would have to move if they were to build there. Ms. Mendez: If they -- yeah, they would have to move all those easements. And I don't know, it's a narrow area. City of Miami Page 56 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Reyes: What is this, man? What is this? 1 mean for God's sake, reach an agreement. Because, 1 mean this is ridiculous. Vice Chair Russell: Just a moment. Mr Bass and then Mr. Pathman. Commissioner Watson: Mr. Chair? Mr Chair? Vice Chair Russell: Yes, Commissioner Commissioner Watson: Let me just say this in deference to Commissioner Reyes and definitely in concert with Commissioner Diaz de la Portilla. We have a lot of things to discuss. Vice Chair Russell: Yeah. Commissioner Watson: It was fair to them to take them out of order. We're not to monitor their fight on our property. Vice Chair Russell: Yeah. Commissioner Watson: They're the ones building, they need to get together, figure that out. But as long as it's on our property, mind you know, okay, then it should be not to out detriment but to our benefit. Commissioner Reyes: Yeah, of course. Commissioner Watson: Because we have other folks here on other things and we took it out of order thinking it was going to be -- but if it's going to go any longer than another second, they need to get back in line. Figure it out and get back in line. Because there's other folks here, too, it's not fair to them. Vice Chair Russell: Thank you. Commissioner Diaz de la Portilla: Or maybe they can talk to each other and we bring it back later this afternoon. Vice Chair Russell: (UNINTELLIGIBLE). Commissioner Reyes: That's right, that's right. Commissioner Diaz de la Portilla: How about that? You guys go sit over there, get some coffee, and talk it out and figure it out. If :you can't we'll just defer it. Mr. Pathman: Always happy to communicate. Commissioner Watson: Because you're right. I'm sorry, Commissioner Reyes, you're right, you just got engaged on Friday. I know you have a lot of knowledge, but all these things have nuances. And if you've been building something you knew about those easements already. Your client knew about all those easements. Your client knew about all those easements. As much as your knowledge does exist, right, you're asking City of Miami Page 57 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 us now to referee something that you just kind of have been made aware of. And it's unfair to the other folks that's here. Okay? So you all should try to figure something out. Vice Chair Russell: I'd like to try to bring it to a head then if I can so we can move on. Commissioner Reyes: Just one suggestion. And I agree with Commissioner Diaz de la Portilla, why don't you go to lunch? He will buy. Commissioner Diaz de la Portilla: Yeah, 1'll buy. 1'll buy. Mr Pathman: That's quite generous, thank you. Commissioner Reyes: And iron this out, iron this out and come back with a solution so we can -- I mean the project could just start and go ahead and you don't keep the City hostage. V ce Chair Russell: My understanding, this is the compromise that's been offered. And from our Administration's perspective, it's ready to go. From my perspective as the Commissioner for this district, my residents have been deprived of the Baywalk for a very long time and from these amenities since Scotty's was closed. So 1 want to see this come back. 1 want to see this finished. I have full respect for Mr Lima,1 think he's an incredible tenant. His amenities are an asset to the Grove. But I think we need to move forward. I would invite a motion on PH.4 to get this done at this point. If there needs to be a change later something else needs to change, we can come back and amend it. But as far as my Administration's telling me, this is ready to go. We have compromise, we've moved it to their benefit, and nothing can be built in that space. I don't know what else there is to debate. Mr Pathman: Mr Chair if I could just comment. Commissioner Watson: So moved. Vice Chair Russell: It's been moved by Commissioner Watson, seconded by the Chair Mr Pathman, you're recognized. Mr Pathman: I just want to take it out of the perspective of the easement, okay, in terms of the parties. We've heard about the parties not agreeing and arguing and so on. It's really quite simple. There's a lease in place, you're the landlord. Under the lease, and I'd like to just read this portion, it says, "From and after the lease date, lessor shall take no action which would impair or otherwise effect title to any portion of the subject property and shall record no documents in the public records which would affect the subject property without the prior written consent of the lessee." You have no consent from my client. They were never noticed, they were never asked -- Commissioner Watson: And when is the lease dated? Mr Pathman: So what I'm trying to say is I don't want to create a problem; I want to solve a problem. City of Miami Page 58 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Watson: When was that lease dated? Mr Pathman: This lease goes back many years, but it is your lease. Commissioner Watson: To? When was that lease? I'm asking. You're reading from something. When was it dated? Mr Pathman: 2009. Commissioner Watson: 2009. Mr Pathman: Yeah. Commissioner Watson: And where is the plans of the building that you want to build? Mr Pathman: The plans that I was referring to before were created on 8/8/17. They -- my clients met, they didn't file anything yet -- Commissioner Watson: Wait. So 2009, so it took you eight years to come up with plans that you thought had to be built on an easement that you knew about since 2009? Mr Pathman: No, no, it wasn't. That's a different set of facts. The lease -- Commissioner Watson: Well you're reading from a lease that you said everybody should know about, right? Mr Pathman: Yeah, its your lease, its a City lease. Commissioner Watson: Exactly. And your client knew about that lease. They were engaged in it. If it's a lease it's done, right? Mr. Pathman: Of course he knew about the lease, but it's your obligation to give hint notice. Commissioner Watson: So -- Ms. Mendez: Right. So to the point that the Commissioner is trying to make, we feel based on the judgment that was entered in their litigation. and, the agreement that both parties had, that there was the notice and there was the agreement by the parties. Now, you know, Commissioner Reyes said it best, now there's a bit of a divorce and now it seems that Grove Harbor is trying to go back on that issue. I'm just saying that I'm going to enter into litigation with one of these two people -- Commissioner Diaz de la Portilla: Of course. Ms. Mendez: -- based on how this is. I think that in the best interest of the City is to be aligned with Grove Bay versus Grove Harbor based on what's happened thus far. But there's -- as Commissioner Reyes says it best, you know, we're always going to enter into some sort of litigation. And it's just a difficult situation, we're in the middle of it, City of Miami Page 59 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 hut we're in a rock and a hard place, but the better solution is to be aligned with Grove Bay. Mr Pathman: I have a very simple solution and that's what I came here to present. Not to create adversary, not to file lawsuits or anything else. There's an easement. The court order that the City Attorney is referring to does not give Grove Bay the right to extend any easement beyond Charthouse Drive. I have the order right here; that's what it says. There is an obligation to the lease to the City to notify and get consent. All Pm asking for is two weeks. I've already sent you an email from FP&L, the coordinator, who says he believes it can be done. And we're only talking about a small portion of the easement moving roughly five to eight feet, wherever it can be located. The email that you have says that he believes he can do it. And if we can't resolve it in two weeks then you move forward. Just within two weeks. Vice Chair Russell: That's what I thought the last two weeks was for Mr Bass, you're recognized. Mr Pathman: If -- if -- Vice Chair Russell: Just a moment. Mr Pathman: Before, they were just finding out all the information at that time. I, again, was retained on Friday. 1 learned all the facts, 1 read everything. Vice Chair Russell: We got it. Mr Pathman: There's a simple solution to this. A simple meeting with FP&L. If it can't be relocated, it can't be relocated. If it can, end of story, everybody's happy, everybody wins. Commissioner Reyes: I'm not trying to be facetious, but when did you came with the idea of placing a building on top of the easement? Mr Pathman: Like I said, the plans were created on 8/8/17. I have them right here. Commissioner Reyes: Nobody has seen those plans but you guys. Mr Pathman: They have not been filed. They had a meeting, I was not there, with the former DREAM Director Daniel Rotenberg. Commissioner Diaz de la Portilla: Let me see that. Vice Chair Russell: And while you're looking at that, Mr Bass, you're recognized. Mr. Bass: I'd like to make perhaps the most important point thus far. On November 5, 2013, 61 percent of your electors went to the polls to vote to approve this project. The reason this project is not now operational is because our neighbor cannot resist the impulse to delay and to obstruct us. FP&L has no idea what other utilities are in the area. If, and praise be if it's true, they come back to us with a very reasonable solution, we will entertain an amendment to the easement. But we must go forward City of Miami Page 60 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 now. If that amendment resolves litigation, then we're all ears. But we must go forward now This is the tool that they have. If your only tool is a hammer, your every problem is a nail. They want to delay and obstruct. We had to sue them to get an injunction against them to stop them from interfering. When we started to build the project that you approved and they approved, they accused us of trespass and kicked us off their property. We've been to court, it's time to move forward. There's a motion. And we're just so thankful that you took us out of order. It's time to move forward. Vice Chair Russell: There's been a motion, there's a second. Is there anyone here from the public that would like to speak on this item? Commissioner Carollo: The motion, the second? Vice Chair Russell: Yes, this is to approve the compromised easement between Grove Bay and Grove Harbor Commissioner Carollo: In other words, what he's proposing, two weeks or what, or compromise? Vice Chair Russell: No, the compromise is what's ready to move forward now He'd like a further compromise and wait two more weeks. Ms. Mendez: To approve the resolution that's on the agenda. Commissioner Carollo: If I could say the following, Chairman. This project next door that is not finished, it's very important for the City. And I know both parties, I get along with both parties, so I want to say that I'm not taking sides with anyone. The project next door is extremely important to get finished. It's taken way too long. Way too long. I mean this started a couple of years before I got here. I'm here and it's still not here -- not finished. However, if there's any possibility that there could be any more delays by additional lawsuits, I'd rather take two weeks. That is not going to hurt anyone, two more weeks. But make it clear that in two weeks when we meet again, that's the deadline. No more deferrals, no more anything. And it's done. If it could be worked out, it's worked out. If not then, Madam City Attorney, you know, we're going to go with what you give us. And to make sure that we have the protection that we need to. I think we also have an obligation that if there's a solution that can accommodate the concerns of both parties, and everyone could be happy, to look at it. Commissioner Diaz de la Portilla: Of course. Commissioner Carollo: I mean if this has been going on for at least six years or more, two more weeks ain't going to be the end ofthe world. And again, I'm not taking sides because, frankly, I don't know who's right, who's wrong, on this whole thing. I, you know, I'm trying to see if there could be a solution that everyone would be happy with, and we could go forward on. I don't know if that's the case butt did see, that it was just recently sent to me, a letter from FP&L that seems to give that impression. That something could be worked out where both parties could be at ease. I don't know what rights Grove Harbor really has. I don't know if what I've been told is correct or not, but I do know that if they sued -- and, look, anybody can sue, we all understand that -- but if they sue, there could be the possibility that this could get delayed even more. So City of Miami Page 61 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 if there's a possibility of working something out so that both sides could be pleased and we could move forward without any more distractions, I'd rather, you know, give it two more weeks and see what happens. But that's -- Vice Chair Russell: Got it. Commissioner Carollo: -- you know; for me I want to be clear that's the last deferral. Commissioner Watson: Commissioner? Vice Chair Russell: Quick question. Madam City Attorney, do you need an amendment regarding the hold harmless or is that already in there? Ms. Mendez: We would say the resolution as amended. We already have a hold harmless, but just in case. Vice Chair Russell: So you don't need an amendment accepted by the mover and seconder at this point? Ms. Mendez: Yes, yes. Commissioner Reyes: (UNINTELLIGIBLE) -- Commissioner Diaz de la Portilla: But 1 think the mover has a comment to make. Commissioner Watson: Well, I guess my question to the Chair and to the sitting Commissioner's District, we all miss Scotty's and Charthouse and we don't want any more delays. We've kind offall on that side of all these delays based on our procedures, and so the question is does that work for you, that we give them two weeks to in effect not have any more stoppages? Vice Chair Russell: It's the will of this Commission. I mean, I think we're kind of split here. I'd like to move forward. I don't see them coming to an agreement, I see this being a protracted fight. And I think in this case we should be on the favor of trying to get this project done. I don't believe it infringes on their rights or their development rights or their property rights under the lease. But if it does, they're holding us harmless. So I'm ready to move forward. But it's the will of this Commission. So I recognize we have -- we're all working with friends here. these are tenants, good tenants in good standing -- Commissioner Reyes: Yes. Vice Chair Russell: -- that we want to see successful. But we've got to make some hard decisions. Commissioner Reyes: Mr Chair? Commissioner Carollo: Yes, but this is not about people that you know or people that are friends, this is about trying to do what's best far the City. City of Miami Page 62 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Diaz de la Portilla: Of course. Commissioner Reyes: What is right. Commissioner Carollo: This is how I'm looking at it. I'm looking at it strictly from a business point of view for the City of Miami. Hold harmless is something that 1 would have required, but you know, the City Attorney made sure that we had that. Vice Chair Russell: Yeah. Commissioner Carollo: But even with a hold harmless, and that's why 1 didn't touch that because 1 knew that we had that. What I'm concerned about is that there's another lawsuit, this will get delayed for who knows how much longer Commissioner Diaz de la Portilla: Right. Commissioner Carollo: So if there's a possibility that they can come to an agreement, look, you know, if FP&L can do it in a certain way where they're both pleased, you know, 1 don't know, what's the big deal? Commissioner Diaz de la Portilla: I mean what I recommended was the same thing Commissioner Carollo is saying now. Vice Chair Russell: Two weeks. Commissioner Diaz de la Portilla: What we agree, look, two weeks. Commissioner Reyes: Two weeks. Commissioner Diaz de la Portilla: Everybody two weeks. Commissioner Reyes: Two weeks. Commissioner Diaz de la Portilla: If we can withdraw the motion -- Vice Chair Russell: All right. Commissioner Diaz de la Portilla: -- and then I'll make a motion to defer two weeks from now and we're done. Commissioner Carollo: But that's it. That's the final. Commissioner Reyes: Mr. Chair? Commissioner Diaz de la Portilla: The final, it's the final time. Commissioner Reyes: Mr Chair? Mr Chair? Vice Chair Russell: Yes. City of Miami Page 63 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Reyes: Can I please ask the City Attorney this question? Let's say that in two weeks from now, 1 know that there is bad blood between the two tenants -- Commissioner Carollo: But -- Commissioner Reyes: Hold on a second, Carollo. Commissioner Carollo: But that's their -- Commissioner Reyes: Hold on a second, let me finish, okay? If there is not an agreement and we vote and we're sued then by the other party, can we counter -sue for all the revenues that we will not receive because of that legal action? Ms. Mendez: That's an excellent question and I'll make sure I have an answer for you. Commissioner Reyes: That -- I would like to have that. Ms. Mendez: I have to look at the agreement. Commissioner Reyes: Keep that in mind. Because the way that I see it, I agree a hundred percent, we have two wonderful tenants, it is, I mean it is unfortunate that this discrepancy is going on, but we have to also look after the City of Miami. And this have to be resolved. This has to be resolved one way or the other. One way or the other. And in two weeks, we think two weeks, they -- when they come, there's going to be a vote. We're going to vote one way or the other, okay? There's going to be a vote. But, if, if either party, if either party decides to take us to court because that is always the Damocles sword that we have in the City of Miami, I'll sue you, I'll sue you. Well, it is time that we start protecting ourselves. We can counter -sue also, right? Because the more that you extend the construction of this project, the more that the revenues that the City is going to lose. I just want you to answer me that question and I agree with two weeks. Ms. Mendez: Commissioners, I will have that answer for you, Commissioner Reyes, after I review the agreement again. And then could we give them a time certain, though, if possible? Vice Chair Russell: For the 14th, you mean? Ms. Mendez: Yes, because I believe this is still going to be a discussion. Vice Chair Russell: We'll work on that. Ms. Mendez: Thank you. Vice Chair Russell: But let's just start here. Commissioner Watson, are you removing your motion? Commissioner Watson: Yes. City of Miami Page 64 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: All right, so then we will add PH.4 to the Order of the Day as a deferral to October 14th. Commissioner Reyes: Okay. Commissioner Carollo: Now the only couple other things I'd like to add is, look, whatever bad blood might be between these two parties, that's between them, not with the City of Miami. They need to resolve that between themselves. We should not get involved in that; we should look at it strictly from a business point of view. Commissioner Reyes: Absolutely. Commissioner Carollo: And be a fair referee. And having said that, Mr. Manager Mr Manager? Thank you. Having said that, you're the referee in this whole thing. You know, you can't be on one team or the other, you've got to be right down the line. And, you know, you need to also get involved with both of them, with FP&L, because ultimately, you know, both those leases are City of Miami leases, this is our land. And if it could be accomplished, you know; in a way that it's best for both parties, even though they don't come to an agreement, you have the right to say, look, FP&L says that we could do it this way. Obviously I guess costs should come in to being a factor there too and so on, but you know, you have to call it heads or tails. And it's not going with one side or the other; we have to be objective on it. And that's all that I'm saying. 1 certainly don't want to delay this any longer I was ready to come in and vote on this today, but when I saw this memo from FP&L that's what made me think that it would be appropriate for two more weeks deferral. And that's it, I mean we're clear, it's two weeks. Mr Pathman: That's all we need. Vice Chair Russell: All right. I -- Pathman: Mr Chairman, I just -- one last request. We would like to work with the City and to coordinate this within two weeks if the City Administration would coordinate with myself and Grove Bay and with FP&L to have the meeting, we just need their cooperation. I'm sure there's a number of people -- Vice Chair Russell: That was the direction, from Mr. Noriega already. Mr Pathman: -- that have to be involved and we'll make ourselves available. But we would like to try to coordinate as best of possible. Vice Chair Russell: Thank you. Commissioner Carollo: And whatever the outcome is, Mr. Manager what 1 would like for you to present to the Commission are your reasons why you approve putting the lines one way versus another way. You might end up, you know, coming with a third option that maybe FP&L might agree with that's one that neither one of them pushed for I don't know. Commissioner Reyes: With professional -- City of Miami Page 65 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Carollo: Obviously. But, you know, we --1 would just like for you to bring the reasoning why you chose one way instead of another: That's all. Arthur Noriega (City Manager): All right. Commissioner Carollo: And we'll vote on it in two weeks. Commissioner Reyes: Last question to the City Attorney. Can we ask once the decision is made that the party that it is -- mean the party that the decision is favorable to, provides the City with an indemnity to cover the funds that we will --1 mean we are going to lose? Because definitely if there is no agreement we're going to court. Ms. Mendez: Yes, Grove Bay has provided that. It's a pretty big and hefty indemnity. I do not believe Grove Harbor has offered that. Commissioner Reyes: Okay. Okay, thank you. I just want the City not to suffer. Vice Chair Russell: Thank you. We're settled on this, October 14th. Mr Pathman: And thank you for the accommodation. Mr Bass: Thank you. Mr Pathman: Thank you, Commissioners. Nee Chair Russell: Are there any other pocket items that would like to be added to the Order of the Day at this point? Are there any pocket items from any Commissioners? Commissioner Carollo: No, but I see that Eddie -- Eddie -- before you go, I don't know if the other party's here, I just want to ask you and I think I'm talking for the whole Commission, I don't know what the problems are between you and the other side, that's between yourselves, but I just want to ask you, please, try to be as reasonable as you can from your side in working with them. The same thing of Grove Harbor, I'm asking them the same. So that hopefully we can come to, you know a happy solution for everyone and we can get your project done as quickly as possible. Okay? We're not here to stop, slow down your project. The City and your corporation are partners in this. But at the same time we have also next door to us someone that has a lease with us that has performed quite well and brought some pretty good clients there. So -- and I'm sorry I called you Eddie, it's Oto, but -- so, please, have your group, you know, try to, you know, come to a conclusion in this that both of you can live with. Oto Boudet-Murias: We're anxious to complete the project. Commissioner Carollo: Because you know my concern. You can give us all guarantees, et cetera, which is for attorneys, so we don't have to pay attorneys' fees. My concern is that if they would sue, I don't know what a judge is going to do, and I don't know how much more time we're going to be losing on this. And that's my only concern. Thank you. City of Miami Page 66 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Mr Boudet-Murias: Thank you. Mr Pathman: Thank you, Commissioner. PH.5 RESOLUTION 9447 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE WEST GROVE COMMUNITY REDEVELOPMENT AGENCY'S REDEVELOPMENT PLAN ("PLAN") PREPARED BY PLUSURBIA, LLC., ATTACHED AND INCORPORATED AS EXHIBIT "A"; ACKNOWLEDGING THAT THE PLAN IS IN CONFORMITY WITH THE CITY OF MIAMI'S COMPREHENSIVE NEIGHBORHOOD PLAN; ACCEPTING AND INCORPORATING THE BOUNDARIES SET FORTH IN THE EXHIBIT "A," ATTACHED AND INCORPORATED; FILING THE BOUNDARIES, WITH A MAP, WITH THE CITY CLERK; FURTHER DIRECTING THE CITY MANAGER TO TRANSMIT THE PLAN TO THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY FOR FURTHER LEGISLATIVE ACTION. ENACTMENT NUMBER: R-21-0390 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo City of Miami Page 67 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 PH.6 RESOLUTION 10718 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE TERMS, CONDITIONS, AND AFFORDABILITY REQUIREMENTS SET FORTH IN THE HOUSING AND COMMERCIAL LOAN COMMITTEE'S MEMORANDA, ATTACHED AND INCORPORATED AS EXHIBIT "A," FOR THE LOAN, AS DESCRIBED HEREIN, TO 8TH STREET PROPERTIES, LLC, A FLORIDA LIMITED LIABILITY COMPANY, TO CONSTRUCT THE AFFORDABLE HOUSING PROJECT TO BE LOCATED AT 829 SOUTHWEST 8TH STREET, 845 SOUTHWEST 8TH STREET, AND 847 SOUTHWEST 8TH STREET TO BE KNOWN AS "ESSENCE MIAMI" ("PROJECT"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, IN ORDER TO LOAN FIVE MILLION DOLLARS ($5,000,000.00) IN MIAMI FOREVER BONDS TO THE DEVELOPER TO CONSTRUCT THE PROJECT. ENACTMENT NUMBER: R-21-0391 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo END OF PUBLIC HEARINGS City of Miami Page 68 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 RE - RESOLUTIONS RE.1 RESOLUTION 9537 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION RECOGNIZING THE WEEK OF SEPTEMBER 27 TO OCTOBER 3, 2021 AS DIAPER NEEDS AWARENESS WEEK; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS LISTED HEREIN. ENACTMENT NUMBER: R-21-0392 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Vice Chair Russell: I became a single dad when my son was one years old -- one year old, so I am a professional diaper changer And with that in mind, Commissioner Reyes, if you'd like to move RE.1, Diaper Needs Awareness Week, we do have a quorum at this point. Commissioner Reyes: Okay, so moved. Vice Chair Russell: Moved by Commissioner Reyes, seconded by Commissioner Watson. Commissioner Watson: I've changed a bunch to diapers, too. Nee Chair Russell: I'd like to open for public comment here, if anyone would like to make any public statement regarding Diaper Needs Awareness Week. Seeing none, we'll close public comment. All in favor say "aye." The Commission (Collectively): Aye. Vice Chair Russell: All opposed? If you want to go ahead and hit the gavel right there on that table. Unidentified Speaker: Oh, what an honor. Vice Chair Russell: Motion passes. Thank you very much. Applause. Vice Chair Russell: And I believe that is all our proclamations and recognitions fb the morning. All right, well start the business of the day. City of Miami Page 69 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 RE.2 RESOLUTION 10562 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION CO - DESIGNATING NORTHWEST 27TH COURT FROM WEST FLAGLER STREET TO NORTHWEST 3RD STREET, MIAMI, FLORIDA AS "CHAMACO GARCIA WAY" PURSUANT TO SECTION 54-137 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. ENACTMENT NUMBER: R-21-0393 MOTION TO: Adopt RESULT: ADOPTED MOVER: Jeffrey Watson, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Vice Chair Russell: On the RE (Resolution) agenda, is there a motion? Todd B. Hannon (City Clerk): Chair, just so you're aware, RE.I0 requires a four - ,fifths. Vice Chair Russell: RE? Mr. Hannon: 10. Vice Chair Russell: 10, yes, correct. So let's take RE.10 out, but the remaining RE items. Commission Watson: I want to move the remainder. Commissioner Reyes: Yes. I have some comments on RE.4. Vice Chair Russell: RE.4 is the collective bargaining agreement. Commissioner Reyes: That's right. I have my -- I mean, I'm not in agreement with it and -- Vice Chair Russell: Would you like to take it separately in case you're voting differently than you would on the rest of the items? Commissioner Reyes: Yes, I would like to take it separately. Vice Chair Russell: Okay, so we'll -- Commissioner Reyes: But I want to make clear that my objection to it be specified and why I object to it. City of Miami Page 70 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: Understood. So we've already passed RE.1, so we'd be looking at RE.2, RE.5, actually that's Commissioner Carollo's item, isn't it, to rescind to resolutions? Commissioner Watson: Yes. Vice Chair Russell: Let's hold that one. Commissioner Reyes: That's right. Vice Chair Russell: RE.8 and 9. Commissioner Watson: So -- well let me just ask a question, Todd. Vice Chair Russell: So 2, 8, and 9. Commissioner Watson: So RE.8 needs to be amended. The name is not correct. Commissioner Reyes: RE.8? Commissioner Watson: Yes. Vice Chair Russell: Do you have a specific amendment or is it already -- Commissioner Watson: Yes, yes. Vice Chair Russell: That ' fine. Commissioner Watson: Yeah, I apologize. It should include the protocol name and the protocol name would be Lance Corporal Kirk Hall Smith. Vice Chair Russell: Does the mover and seconder agree? Commissioner Watson: I was the mover. Vice Chair Russell: You were the mover Does the seconder agree? Commissioner Reyes: Agree, agree. Victoria Mendez (City Attorney): I believe it already says that. Vice Chair Russell: Just not in the title at least on the -- Commissioner Watson: No, no, it does not. Ms. Mendez: Okay. Vice Chair Russell: But if it's in the body it doesn't need to be amended. Commissioner Watson: It's not in the body. City of Miami Page 71 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: Okay. Amendments moved and accepted. So this is RE.2, 8, and 9. Any further discussion? All in favor say aye. The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. RE.3 RESOLUTION 10577 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), WAIVING CERTAIN SIDEWALK AND STREET CAFE FEES SET FORTH IN CHAPTER 54/ARTICLE VI/SECTIONS 54-224(A)(2) AND (A)(4) AND SECTIONS 54-224(B)(2) AND (B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "STREETS AND SIDEWALKS/SIDEWALK AND STREET CAFES/FEES AND SECURITY DEPOSIT"; SPECIFICALLY WAIVING SIDEWALK AND STREET CAFE PERMIT FEES ASSESSED UNDER SECTIONS 54-224(A)(2) AND 54- 224(A)(4) OF THE CITY CODE AND THE SECURITY DEPOSIT ASSESSED UNDER SECTION 54-224(B)(2) AND 54-224(B)(4) OF THE CITY CODE DURING THE REMAINDER OF THE CONSTRUCTION OF THE FLAGLER STREET BEAUTIFICATION PROJECT ("PROJECT") UNTIL SUBSTANTIAL COMPLETION OF THE PROJECT AS PROVIDED HEREIN FOR DOWNTOWN MIAMI SIDEWALK AND STREET CAFES LOCATED IN THE AREA BOUNDED BY THE WEST SIDE OF NORTHWEST/SOUTHWEST 1ST AVENUE ON THE WEST, BY THE NORTH SIDE OF NORTHWEST/NORTHEAST 1ST STREET ON THE NORTH, BISCAYNE BOULEVARD ON THE EAST, AND BY THE SOUTH SIDE OF SOUTHWEST/SOUTHEAST 1ST STREET ON THE SOUTH, AS FURTHER DESCRIBED IN EXHIBIT "A"; PROVIDING FOR A SUNSET PROVISION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Reyes, Watson ABSENT: Carollo Note for the Record: Item RE.3 was continued to the October 28, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.3, please see "Order of the Day." City of Miami Page 72 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 RE.4 RESOLUTION 9540 Department of Human Resources A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE MIAMI GENERAL EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES LOCAL 1907, AFL-CIO, FOR THE PERIOD OF OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2023. ENACTMENT NUMBER: R-21-0395 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Jeffrey Watson, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Watson NAYS: Reyes ABSENT: Carollo RE.4 RESOLUTION 9540 Department of Human Resources A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE MIAMI GENERAL EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES LOCAL 1907, AFL-CIO, FOR THE PERIOD OF OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2023. ENACTMENT NUMBER: R-21-0395 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Jeffrey Watson, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo City of Miami Page 73 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 RE.4 RESOLUTION 9540 Department of Human Resources A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE MIAMI GENERAL EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES LOCAL 1907, AFL-CIO, FOR THE PERIOD OF OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2023. ENACTMENT NUMBER: R-21-0395 MOTION TO: Adopt RESULT: ADOPTED MOVER: Jeffrey Watson, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Watson NAYS: Carollo, Reyes Note for the Record: For additional minutes referencing Item Number RE.4, please see "Order of the Day." Vice Chair Russell: If -- we can get a motion on RE.4 its now separate so you can have your discussion on that, Commissioner Reyes. Commissioner Watson: So moved. Vice Chair Russell: Moved by Commissioner Watson, seconded by the Chair Open for discussion. Commissioner Reyes: All right. Let me get my -- Vice Chair Russell: While you're working on that and related to general employees -- Commissioner Reyes: Yes. [Later...] Vice Chair Russell: So we have a motion and a second on RE.4. Commissioner Reyes, you are -- Commissioner Reyes: Okay. Yes, I want to make clear, and I stated publicly because people had asked why I do not agree with the -- what is called collective bargaining, because I don't think that was no bargaining at all. It was -- I mean, my way or the highway. At first, when I first met with union leaders, from day one, I said that I will not agree on raising the cap, the retirement cap from $80,000, an amount that none of the taxpayers -- I mean, very few of the taxpayers in the City of Miami will achieve ever and most of the union members will not reach that cap, raise it to a $100,000 and a $120, 000. And my, reason for doing that I said that we are not -- I mean, I will not go out there and ask our taxpayers, in case that we have a recession, or we have any problems, that I will not be able to ask them to -- I mean, provide additional taxes City of Miami Page 74 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 so we have additional revenues to pay for retirements to $120, 000. Furthermore, furthermore, 1-- first of all l want to say that I am very proud of some of our employees, I would say the majority, 90 percent, 95 percent, they are excellent employees. They deserve everything in this world, but we have to have some constraints to certain things. This increase will only benefit, only benefit, a small number of -- of individuals that are about to retire or they're going to retire. And as I said before, for the common employee to reach this cap it will be almost impossible. I also stated all the time that 1 want to lift the employees that they are on the lower bracket of pay. And 1 did some calculations, you see, 1 like numbers. And 1 said, okay, if we instead ()fusing that $1.558 million that we are -- that we are -- that is going to cost us every year to raise those caps, l would like to use that $1.555 to raise the salaries of the lower employees, all lower paid employees to $45, 000, you see. We have --1 mean, the range of -- I would say that we have about a hundred, over 160, 170, full-time employees that are making less than $40, 000. If we use this money to increase their salary, we will raise them to $45, 000 instead of providing that, I mean, small group a retirement $120, 000, $100, 000, which I just challenge you to go out there in the City of Miami and start asking people that are retired how much are they making? How much is a teacher making after so many years? How much? You see. We have a very generous retirement system here. We have a very generous cap. And that was my main concern. Also, also, we have 288 part-time employees that have been part-time forever They have been part-time forever. According to the HR (Human Resources) Director, I've been trying since I got here that those people, some of them have been part-time for over 10, 20 years, which is -- I mean, with no benefits, with nothing, that those are the employees that with all due respect to the union they should be concerned with those people. They should be concerned with people that they are the lower end of our -- of our salary schedule. Those people should be lifted. That's -- that's one of the reasons I'm voting against it. And those part-time employees, according to HR, and I have here that said even temporary employees into full-time without going through the competitive process as required by our civil service rules. In addition, even if we open up a recruitment for the position, the current CBA (Collective Bargaining Agreement) requires that HR departments still interview all 1,907 members who apply for the position before reaching those part- time employees. I'm going to -- and this is for the record, this is for the record, this is - - this makes our city a quasi -closed shop and you know about that, Commissioner Diaz de la Portilla, and you know that that is illegal in the state of Florida. It is quasi and that has to be done away. And in this agreement it requires the -- I mean, union members should be interviewed before anybody else comes, you see. And they have preference. And that is not right. It's not right for the people that are part-time, it is not right for people that are not -- that wants to apply, it is not right for the City of Miami that have to pick for a certain pool of employees. Okay? That is another reason. And thirdly, I don 't want to -- I don't agree on doing away with the tuition reimbursement, you see. If we want to lift our employees, they should be able to go and get trained, be in a -- in a technical school, be in a university, be whatever it is, and get reimbursed, you see. We have spent -- we have spent $921,000 last year -- I mean, we spent $152,820. That proves that our employees want to prepare themselves and they want to be -- I mean, to go right ahead. And for that reason you can call the question, but my vote is no. Vice Chair Russell: Understood. I actually agree with you on the tuition reimbursement. I know these negotiations are very difficult. There was a lot of City of Miami Page 75 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 movement on both sides to get to a compromise and that's one 1-- I wish that the union had prevailed on actually. Mr. Manager, what are we looking at in terms of a cost on that tuition reimbursement portion that -- Commissioner Reyes: According to the memo we saw about 190. Fernando Casamayor: $189, 000; Fernando Casamayor, Assistant City Manager. Vice Chair Russell: Annual. And where would that come from if we were to reinstate that into the agreement. Commissioner Diaz de la Portilla: What's the total? Mr Casamayor: $189,000. Where would it come from? Commissioner Diaz de la Portilla: Yearly. Mr Casamayor: Yes, that's the year -- next years estimate for next, fiscal year. Commissioner Diaz de la Portilla: Okay, next year. Mr Casamayor: Depending on where the employee is. If it's a building employee, for instance, we would use the building funds, general fund for others. (COMMENTS MADE OFF THE RECORD) Nee Chair Russell: I'm in support of the agreement. I -- I really want to see our general employees lifted. The contracts that they get are -- are rarely as good as other labor unions that work together with us, and I'd like to see some more parody there, some more equity. So I'm in favor of the agreement, including the caps, including everything that's in there. That was the only part I wasn't crazy about was losing that ability to reimburse training. So if this passes, you may have your cake and eat it too. You may have improved the agreement and still get to vote no. Commissioner Reyes: Well, let me tell you something. I -- and I have to say this because there is no way that I am going -- if I don't speak my mind I'm not Manolo, okay? I had got messages that the union -- and you know how it is, that they want to hold us hostage. If you don't vote and you don't agree, then you are going to be opposed. Okay, fine. Let them oppose, but I want to make sure that what I want to do it is our good employees in the City -- in the union to be lifted. And they have been sacrificed to benefit the few. And I do not agree with it. There are a lot ofpeople there that they are filling the potholes, you see, that they are not making $40, 000, they're making $30,000. According to all the economic -- I mean, research that has been done, it's almost impossible to pay rent in the city of Miami. It is impossible, I could tell you, to pay rent in the city of Miami making $40,000 or $30-something thousand. It is impossible, you see. Rent has -- even -- I mean, unless to own a home, you see. I agree with -- that we have to -- we have to protect our employees, but we have to be fair, we have to ask also one thing that 1 wanted to do all the time, we have to ask -- we have to demand productivity and cooperation from the union when an employee, it is written because of lack of work, because a person stay at their home and they don't City of Miami Page 76 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 come to work, that they side with the City if that employee is going to be written or is going to be removed front his job, you see. Vice Chair Russell: Understood. Commissioner Reyes: And that has to be -- I mean, I am -- I am an economics teacher, I have taught about the unions, and I know the importance of the union, particularly; you see, 50, 60, 80 years ago, you see. But 1 also know history and 1 know that some unions they act like boa constrictors, and they keep squeezing the air out of the either private business or the government, you see. And who pays for this, Jroall of this retirements, this comes -- the contributions -- City contribution, and I want everybody to know comes from taxpayers' general revenue and it has increased to 54,000 in the past years, you see. I mean, 54 million in the past year. If you keep -- and it's not only the City of Miami, and it's a -- it comes a time that we have to say enough is enough and we protect those people that we represent that they are making now probably, probably most of them, they are receiving meager checks. Some -- I have seen checks of $600, $800 retirement. I have -- in my -- in my districts I have a lot of retirees that own homes and they are receiving, between them two, probably $25,000 a year I will not on a clear conscience will vote to increase -- to increase the cap which is at $80,000 to $100,000 and $120,000 at the cost of those people that are paying taxes. Vice Chair Russell: Thank you, Commissioner. Commissioner Reyes: And that's my point. Vice Chair Russell: Does the mover accept an amendment to put the education reimbursement back in, Commissioner Watson? Commissioner Watson: Tuition reimbursement? Vice Chair Russell: Yep. Commissioner Watson: Yes, yes, I accept that. Let me ask you a question. We identified, or Commissioner Reyes identified last time, last Monday, those employees, parks and related that were part-time to raise and uplift them. Vice Chair Russell: Yes. I'm going to bring that up in the budget hearing. Commissioner Watson: And that comes up later okay? Vice Chair Russell: Yeah. Commissioner Watson: All right. Cool. All right. Commissioner Reyes: Yes, but you should get then the -- I mean, because that is a big problem and I read it. It is not as easy as you bring up to full-time. It has to go the position. The union has the powers, they know. Because they have to go through the interviewing process. I mean, it takes more than just say bring them up. City of Miami Page 77 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: Yes. Commissioner Diaz de la Portilla, how are you feeling on this AFSCME (American Federation of State, County, and Municipal Employees) agreement? Commissioner Diaz de la Portilla: You'll know how I feel when I vote, right? Vice Chair Russell: In that case, I may want to wit for another vote. Commissioner Diaz de la Portilla: No, 1 think you're fine. Victoria Mendez (City Attorney): I just wanted to clarify -- Commissioner Diaz de la Portilla: I think you're fine, so let's see -- let's go ahead and call the question and just vote it out or down. Vice Chair Russell: Madam City Attorney? Ms. Mendez: I just wanted to clarify that it was brought to my attention that the membership will have to vote to accept this. Vice Chair Russell: Yes, understood. Ms. Mendez: So it would be contingent. Vice Chair Russell: That ' fine. So the seconder -- Commissioner Diaz de la Portilla: So I want -- Vice Chair Russell: -- raised the amendment on the education -- Commissioner Diaz de la Portilla: And I want to call the question and just vote it. Vice Chair Russell: All right. All in favor of the item say aye. Commissioner Diaz de la Portilla: Ave. Vice Chair Russell: Any opposed? Commissioner Reyes: Yes. Vice Chair Russell: Motion passes 3-1. Thank you very much. We're going to break for lunch now. We'll come back at 3 o'clock -- yes, hello. Mary Lugo: Hi. My name is Mary D. Lugo. My address is 4011 West Flagler Street, Suite 405. I am representing Sean Moy, the union president. We would like to say thank you and I see that you guys understand what is the labor for the City of Miami, the people that work. And thank you very much. I appreciate it and we appreciate it, our employees. Thank you. City of Miami Page 78 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: Thank you. This City would not exist but for the working employees of this administration. Thank you -- Commissioner Reyes: I do agree. Ms. Lugo: Thank you. Commissioner Reyes: I do agree with the City employees, but I think that it is -- the benefits are skewed. The real workers are not receiving what they deserve. Vice Chair Russell: Let's bring them up too. We are breaking for lunch. We'll be back at 3 o'clock. Thank you very much, everyone. [Later...] Vice Chair Russell: Good afternoon. Reconvening the City of Miami Commission meeting for September 23rd. We left off on RE.4, gentlemen, I'm going to ask a favor on RE.4 that we reconsider. If there's a motion for that, we need to remove the amendment that we made earlier and revote. Commissioner Watson: So moved. Vice Chair Russell: Seconded by the Chair. All in favor of reconsideration say aye. The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. We would like to entertain a motion, if you would, Mr Watson, to move the item, however without the amendment regarding the education reimbursement. Commissioner Watson: So moved. Vice Chair Russell: Moved by the Chair, seconded -- I mean, sorry, moved by Commissioner Watson, seconded by the Chair. My understanding is that this actually was part of the negotiation that was finalized between the City Administration and the Union and that by making this change causes a further delay to final approval as they then have to go back to ratification. They'd rather take a bird in the hand at this moment. Commissioner Reyes: Wait, wait, wait, wait. Vice Chair Russell: So they lose a year of that education reimbursement, but then it comes back after Commissioner Reyes: But that doesn't help the people that wanted to go to school this year. Vice Chair Russell: It doesn't, it doesn't. Commissioner Reyes: It doesn't help and that's not fair. City of Miami Page 79 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: But that was their negotiation. Commissioner Reyes: It is not fair that we are setting money aside from one place to the other in order to serve just a handful of people that are going to be benefitted. Vice Chair Russell: It's not ideal, but it is the negotiation that was finalized between the Administration -- Commissioner Reyes: (INAUDIBLE). Commissioner Watson: Well -- Commissioner Reyes: (INAUDIBLE) negotiation. I want this, yes, you have it. That's not a negotiation. Commissioner Diaz de la Portilla: Mr Chairman, why don't we defer this matter to the next meeting so we can kind of talk it through and then make an intelligent, thoughtful, deliberative decision instead of having to go back and forth. Because clearly there's a Commissioner that is not happy with what's happening. There's another Commissioner that's not on the dais right now. Commissioner Watson: Well -- Commissioner Diaz de la Portilla: Why don't, you simply just defer it? Commissioner Watson: Because we've done our -- we've done our thoughtful -- Commissioner Diaz de la Portilla: Then you run the risk, Commissioner, of being voted down. Commissioner Watson: Well -- Commissioner Diaz de la Portilla: Because I will vote against it if I don't have time to think about it. Commissioner Watson: Well here's the only thing that was always going to be, right, it was always going to be that whatever we voted for then they had to ratify the membership. Commissioner Diaz de la Portilla: Right. Commissioner Watson: And so we're taking back the $189,000 that we agreed to do, right? Commissioner Diaz de la Portilla: Right. Commissioner Watson: Because they didn't feel like -- well they got reports of membership now was going to be two or three months before they got it finalized. City of Miami Page 80 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Diaz de la Portilla: Right. Commissioner Watson: So rather than have that, they're still going to take whatever we do to their membership, they just want to take it now sans that. Vice Chair Russell: We offered to give them something they weren't asking for Commissioner Watson: Yeah, right. Well we did. Vice Chair Russell: And it made it a little more complicated, so they're saying could you just pass it as it was. Commissioner Reyes: So -- Commissioner Watson: And so we still had -- so whatever we do still has to go to membership. It's not now we try to do something, and it now was going to wind up holding up what they're doing. So it still has to go to the membership. We're not -- Commissioner Reyes: I -- Commissioner Diaz de la Portilla: Right, but why can't we just simply defer it for two weeks? Give me and give the other Commissioners an opportunity to speak to the leadership and see what we said. If you want to vote it, it may not be the result you want, Chairman. Commissioner Reyes: As it stands now, it has been rescinded. Commissioner Diaz de la Portilla: It's not a threat, it's just, you know, look, I see the back and forth. I think the education component was not a big deal. I spoke to Ms. Lugo on the phone a little while ago. Whatever issue they have, I don't have complete clarification or clarity on what we need to do. So why don't we just simply, defer it and bring it back in two weeks? Vice Chair Russell: I don't understand what we would know different in two weeks that we -- Commissioner Diaz de la Portilla: Okay. Well then I understand then. Then -- take your vote. Vice Chair Russell: Madam City Attorney, procedurally if we do nothing at this point where does the item stand? If we withdraw -- if Commissioner Watson withdraws his motion? Commissioner Diaz de la Portilla: There was a motion to reconsider? Vice Chair Russell: No. We're actually looking to pass the item now. There was already a vote -- a motion to reconsider. Victoria Mendez (City Attorney): Right. The item was already reconsidered. City of Miami Page 81 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Diaz de la Portilla: Okay. 1 wasn ' here. Vice Chair Russell: Okay. Ms. Mendez: And now it alive again, right? Vice Chair Russell: Right. But when the item is reconsidered, it doesn't erase the vote completely unless we undo that vote -- Commissioner Diaz de la Portilla: Correct. Vice Chair Russell: -- at this point, which we're clearly not ready to do. Ms. Mendez: Todd? Todd B. Hannon (City Clerk): No. So essentially the original vote that was taken has now been kind of -- Commissioner Diaz de la Portilla: Nullified. Mr Hannon: -- eliminated, you know. Vice Chair Russell: Has it though? Commissioner Diaz de la Portilla: Yes. Mr Hannon: Yes, because you've now reconsidered the item and so as, you know, the City Attorney mentioned, it's now live again. Something has to -- an action needs to be taken because it's been reconsidered. Commissioner Diaz de la Portilla: Correct. Vice Chair Russell: And so by -- okay. So by reconsidering it, it's live again, but we've undone the vote that was there? Mr Hannon: Correct. Vice Chair Russell: All right. Then I'd rather table the item until Commissioner Carollo'ss here and we can decide what to do this afternoon. I don't see any reason to wait another two weeks on a simple thing that -- we amended an error They didn't ask for it. We amended it. It complicating their situation on a settled agreement. Commissioner Diaz de la Portilla: Well -- you amended it. Commissioner Reyes: Yeah, you did. Vice Chair Russell: Yeah. Commissioner Diaz de la Portilla: You amended it. City of Miami Page 82 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: We as a body. We as a body. Commissioner Diaz de la Portilla: Yeah, but it was your idea. Vice Chair Russell: Correct. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: Well let's be clear, it was Commissioner Reyes' idea. Commissioner Watson: Well, yeah, but 1 guess what -- just for that purpose, Commissioner we did -- we're going to undo it. Commissioner Diaz de la Portilla: We already undid it. Commissioner Watson: We're still at the point where -- Commissioner Diaz de la Portilla: Right. Commissioner Watson: -- everything we know is already on the table because there's no new information. Commissioner Diazde la Portilla: Right. Commissioner Watson: But everything's on the table. It's there already, okay? We just added something this morning that we found out doesn't work, so we're saying -- Commissioner Diaz de la Portilla: So a long -- Commissioner Watson: I just want to make that clarification. Commissioner Diaz de la Portilla: Right, right, right. So if it was a process that took months and months, right, City Manager, to negotiate? Mr Manager, there was a process that took months and months, or aver a year, right, to negotiate, right? And then you amended it and now they don't like it because they got to go back to their membership? Vice Chair Russell: Correct. Commissioner Diaz de la Portilla: So -- Commissioner Watson: Whatever we do still has to go back. That's what I'm saying. Commissioner Diaz de la Portilla: Well no. If we accept as it is without the amendment, then it doesn't have to go back to the membership. Commissioner Watson: Yes. Arthur Noriega (City Manager): No it doesn't. City of Miami Page 83 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Diaz de la Portilla: No, no, it doesn't. No, it doesn't. Mr Noriega: Their membership has already approved that contract. Commissioner Diaz de la Portilla: No, it doesn't. Commissioner Watson: So they already approved what we did? Mr Noriega: What we did, correct. Vice Chair Russell: Yes. Mr Noriega: It came -- here approved already. Vice Chair Russell: Because -- yes. Commissioner Diaz de la Portilla: Because -- right, because it was amended. Mr Noriega: Yeah. Commissioner Diaz de la Portilla: Because it was amended, they have to go back to their membership. Mr Noriega: Correct. Nee Chair Russell: So why don't we -- Commissioner Diaz de la Portilla: Had it not been amended, we would -- they would have been okay because they already voted it out. Commissioner Watson: So why did we stick our fingers in it? Commissioner Diaz de la Portilla: Well -- Vice Chair Russell: Yeah, I -- Commissioner Reyes, even though he was a no vote, he made a good suggestion, and we ran with it. I mean, I asked if the mover would take that amendment, it was a yes. Not realizing we were causing more complication just by trying to help. Commissioner Reyes: Commissioner Reyes did not suggest that you amend it. Vice Chair Russell: No. You suggested -- Commissioner Reyes: Commissioner Reyes was criticizing -- Commissioner Diaz de la Portilla: Mr. Chairman, you own it. Vice Chair Russell: I do. I do. I do. I do. Commissioner Diaz de la Portilla: You own it. It's your baby. It's your baby. Okay. City of Miami Page 84 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Reyes: I pointed out -- Commissioner Diaz de la Portilla: It's your baby. Nothing bad. It's happened. Everybody has, you know, bad babies. That's your baby. Vice Chair Russell: Right. Commissioner Diaz de la Portilla: But it created a situation that we could probably have avoided had we not touched the agreement whatever it was. Commissioner Watson: Right. Vice Chair Russell: Yeah. I just don't understand the complication of now just undoing what we did. Commissioner Watson: But -- Commissioner Diaz de la Portilla: We already undid it. Commissioner Watson: We -- okay, so -- Vice Chair Russell: But now we need to vote again. Commissioner Diaz de la Portilla: No, we don't. Commissioner Watson: Well, you -- Commissioner, he said you were good, right? So we undid it -- Commissioner Diaz de la Portilla: Yeah. Commissioner Watson: Now we start from where we should have started before we stuck our fingers and noses in it. Vice Chair Russell: Correct. Commissioner Watson: Move it and you should have what you -- what they needed, right? Commissioner Diaz de la Portilla: I prefer a full dais. Vice Chair Russell: Then we can table it until Commissioner Carollo's here. I think that's fine. Commissioner Diaz de la Portilla: Or we can make a motion to bring it back in two weeks. Commissioner Reyes: Yes. Vice Chair Russell: I'm not in favor of that. City of Miami Page 85 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Watson: Table it. Commissioner Reyes: Or you can call the vote on it now You have to vote on it and from the way I see it -- Commissioner Diaz de la Portilla: It's a 2-2, it's a 2-2, it's a 2-2, so it's an exercise in futility. Commissioner Watson: All right. So 1 move to table it until we have a full dais. (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: To a later -- Nee Chair Russell: Yeah, no motion necessary. Commissioner Watson: Later day, yes. Vice Chair Russell: We'11 table it until Commissioner Carollo's here. Commissioner Diaz de la Portilla: Well table it. That's fine. Commissioner Reyes: Okay. Nee Chair Russell: All right. Commissioner Watson: Because we've got a hard stop at 5:00. Commissioner Diaz de la Portilla: Yeah, that's fine. Do we have a hard stop at 5:00? Commissioner Watson: Yes. Nee Chair Russell: We have the budget hearing. Commissioner Diaz de la Portilla: Yeah, but do we have a hard stop at 5:00. That's not the question. Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: No, there's no hard stop. Vice Chair Russell: The budget hearing could happen any time after 5:00. Commissioner Watson: Oh, okay. Commissioner Diaz de la Portilla: Right. So we just -- yeah, we can go on until 9:00 at night if you want. Vice Chair Russell: Technically. City of Miami Page 86 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Diaz de la Portilla: Before the budget. Vice Chair Russell: All right. Let's go to SR.1. Commissioner Diaz de la Portilla: You want Cuban coffee, Mr Chair? Vice Chair Russell: We're going to need a lot. SR -- Commissioner Diaz de la Portilla: Happy Birthday, Todd. Happy fiftieth. I'm sure you can't find a better place to be for your fiftieth, right? [Later...] Vice Chair Russell: Commissioner Carollo, while you were gone, I made an error and I would like your help to rectify that error We passed AFSCME's (American Federation of State, County, and Municipal Employees) contract with an amendment that they weren't seeking. That amendment is going to cause them to have to go back and ratify and maybe there's changes on their end and then it comes back to us. They would rather us pass it cleanly as it was negotiated with administration. We brought it back for reconsideration, that vote passed. We have now tabled a vote to simply pass RE.4 as is with no amendments. And so we have a motion by Commissioner Watson and a second by myself, and that where we stand. Commissioner Carollo: What is the motion? Vice Chair Russell: The motion is to pass the collective bargaining agreement of AFSCME and take care of our employees that have worked very hard. Victoria Mendez (City Attorney): As is. Vice Chair Russell: As is. Is there any further discussion on the item? Commissioner Reyes: I spoke my peace already. Vice Chair Russell: You have been very clear, sir, how you feel, and I respect that position. For me, it's about if we're going to address the entire pension system of this City. it's a holistic issue. At the very least we can do is be fair to our general employees who have proven themselves this year as frontline workers. Commissioner Reyes: With all due -- Vice Chair Russell: And deserve to be heroes as much as any fireman or policeman. Commissioner Reyes: As -- with all due respect, I don't agree with you. My opinion -- that is your opinion. You're entitled to your opinion, but my, opinion is that is not fair - Vice Chair Russell: That's fair: City of Miami Page 87 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Reyes: -- to the workers or the taxpayers. That is my opinion and 1 think that there's no need for anymore, 1 will say, argument or trying to -- justification for your vote. I mean, just go right ahead and vote as you think it is. I take -- I am a man; I face the consequences, and as I have been, I will say warned, that I will have an election in two years and I know that and I face the consequences. So you do what you have to do and call for the vote and that's it. Commissioner Diaz de la Portilla: People are always warning us. They're always trying to scare us. It's terrible. Vice Chair Russell: No, this is -- Commissioner Reyes: You think at my age 1 'm going to be scared. Commissioner Diaz de la Portilla: You're too old to be scared. Commissioner Reyes: Absolutely. Vice Chair Russell: 1 think you can never go wrong when you're voting on the side of working families. Commissioner Carollo: You call him old? Commissioner Diaz de la Portilla: Older Commissioner Reyes: I called myself old. Commissioner Diaz de la Portilla: Older: Commissioner Reyes: But, you know, let me tell you -- I have news for you guys, younger guys, I got to this age, you just yet have not gotten to it. Commissioner Diaz de la Portilla: So we may not get there, right? Commissioner Reyes: Absolutely. Commissioner Carollo: Well I'm a little closer than you guys. Vice Chair Russell: All right. Let get it done. All in favor of the item say, "aye." Vice Chair Russell: Aye. Commissioner Diaz de la Portilla: Aye. Commissioner Watson: Aye. Vice Chair Russell: Any opposed? Commissioner Reyes: (INAUDIBLE). City of Miami Page 88 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: Motion passes 4-1. Commissioner Carollo: No. Vice Chair Russell: Is that correct? Commissioner Carollo: No, it 3-2 Vice Chair Russell: Motion passes 3-2. Commissioner Carollo: Let me explain. What we voted upon now that is different than before is to take benefits away from employees. That is happening because the union did not want to bring this back. Now the one thing that 1 was taught since I was a very young man was that everything could be taken away from you in life except what you have up here. That's why I place education so high, and I don't agree that only for that reason that was taken away. So -- Nee Chair Russell: Fair enough. Commissioner Reyes: Correct, fair enough. Vice Chair Russell: Motion passes. Thank you very much. That is RE.4. RE.5 RESOLUTION 9253 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 20-0295 ADOPTED SEPTEMBER 24, 2020 AND RESOLUTION NO. 21-0238 ADOPTED JUNE 10, 2021 CONCERNING NEGOTIATIONS WITH SAINT JAMES COMMUNITY DEVELOPMENT CORPORATION OF MIAMI, INC., AND MIAMI-DADE COUNTY FOR THE CITY OF MIAMI-OWNED PROPERTY LOCATED AT 1785 NORTHWEST 35TH STREET, MIAMI, FLORIDA. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Fortilla, Carollo, Reyes, Watson Note for the Record: For additional minutes referencing Item Number RE.5, please see "Public Comments for all Item(s)." Vice Chair Russell: Commissioner Carollo, RE.5 I believe was your item to rescind resolutions 20-0295 and 21-0238. What would you like to do on that item? We've been deferring it up to now Commissioner Carollo: Well let me go here. Commissioner Reyes: (INAUDIBLE). City of Miami Page 89 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: We deferred it. Commissioner Reyes: (INAUDIBLE). Commissioner Carollo: I believe that this item, the administration has been talked to for the permit. I think that they're getting ready to present to this body a resolution that will show that this project will indeed go forward quickly. Victoria Mendez (City Attorney): So, Commissioner, I believe that what's been discussed is that it would be assigned to another entity. Commissioner Carollo: That's correct. Ms. Mendez: However, that assignment needs to be noticed and come back before this board. Commissioner Carollo: That's correct. That's correct. Ms. Mendez: But 1 don't think we have the name of the corporate entity, the new corporate entity. So as soon as we get that, we can bring it back to you for an approval once it's advertised. Commissioner Carollo: All right. Ms. Mendez: Is that fine? Commissioner Carollo: That is. That's a department that -- Vice Chair Russell: So what date? Ms. Mendez: I think we would have to look at the deadlines -- Vice Chair Russell: Do you want indefinite deferral? That way you can -- Ms. Mendez: Would it be an indefinite deferral, Commissioner, and then we bring it back? Commissioner Carollo: It can be an indefinite deferral. Vice Chair Russell: Moved by Commissioner Carollo, seconded by the Chair. All in favor say, "aye. The Commission (Collectively): Aye. Vice Chair Russell: Indefinite deferral on RE.5. Thank you very much. City of Miami Page 90 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 RE.6 RESOLUTION 9309 MAY BE DEFERRED/WITHDRAWN Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING THE JULY 1, 2021 LITTLE HAITI REVITALIZATION TRUST'S ("TRUST") BOARD APPOINTMENT OF AS THE TRUST'S PRESIDENT/CHIEF EXECUTIVE OFFICER ("PRESIDENT") PURSUANT TO SECTION 12.5-45 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); FURTHER APPROVING THE SALARY AND BENEFITS OF THE PRESIDENT IN THE APPROXIMATE TOTAL AMOUNT OF FIFTY SIX THOUSAND DOLLARS ($56,000.00) FOR THE THREE (3) REMAINING MONTHS OF JULY 1, 2021 TO SEPTEMBER 30, 2021 FOR FISCAL YEAR 2020-2021 PURSUANT TO SECTION 12.5-45 OF THE CITY CODE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Reyes, Watson ABSENT: Carollo Note for the Record: For minutes referencing Item Number RE.6, please see "Order of the Day." City of Miami Page 91 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 RE.7 10707 Department of Finance RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSAL RECEIVED JUNE 11, 2021 PURSUANT TO REQUEST FOR PROPOSALS NO. 1245391 FROM THE SOLE RESPONSIVE AND RESPONSIBLE PROPOSER, COMPLETE CONSULTING SERVICES GROUP LLC, A FLORIDA LIMITED LIABILITY COMPANY ("CCSG"), FOR THE PROVISION OF PARKING SURCHARGE ADMINISTRATION CONSULTANT SERVICES FOR THE CITY OF MIAMI'S FINANCE DEPARTMENT FOR AN INITIAL PERIOD OF TWO (2) YEARS WITH AN OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CCSG, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Reyes, Watson ABSENT: Carollo Note for the Record: Item RE.7 was continued to the October 28, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.7, please see "Order of the Day." City of Miami Page 92 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 RE.8 RESOLUTION 10719 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION CO - DESIGNATING NORTHWEST 13TH AVENUE FROM NORTHWEST 62ND STREET TO NORTHWEST 65TH STREET, MIAMI, FLORIDA AS "LANCE CORPORAL KIRK HALL SMITH WAY" PURSUANT TO SECTION 54-137 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. ENACTMENT NUMBER: R-21-0396 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Jeffrey Watson, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Note for the Record: For minutes referencing Item Number RE.8, please see Item Number RE.2. RE.9 RESOLUTION 10732 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE TEMPORARY OUTDOOR DINING PROGRAM ESTABLISHED PURSUANT TO RESOLUTION NO. R-20-0156 ADOPTED ON MAY 14, 2020 AND EXTENDED BY RESOLUTION NO. R-20-0231 ADOPTED ON JULY 23, 2020 AND RESOLUTION NO. R-21-0021 ADOPTED ON JANUARY 14, 2021 FROM SEPTEMBER 30, 2021 TO DECEMBER 31, 2021 IN ORDER TO CONTINUE TO ASSIST STRUGGLING BUSINESSES AFFECTED BY THE NOVEL CORONAVIRUS PANDEMIC WITH ALL OTHER PROVISIONS OF SUCH PRIOR RESOLUTIONS TO REMAIN THE SAME; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-21-0397 MOTION TO: Adopt RESULT: ADOPTED MOVER: Jeffrey Watson, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Note for the Record: For minutes referencing Item Number RE.9, please see "Order of the Day" and Item Number RE.2. City of Miami Page 93 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 RE.10 10700 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE REQUIREMENTS OF CHAPTER 164, FLORIDA STATUTES, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE; AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL LEGAL ACTIONS NECESSARY, IN LAW OR IN EQUITY, AGAINST MIAMI-DADE COUNTY ("COUNTY") REGARDING THE MIAMI-DADE COUNTY DEPARTMENT OF CORRECTIONS AND REHABILITATION'S FAILURE TO PROVIDE PROVISIONS OR ACCOMMODATIONS FOR THE TRANSPORTATION OF JAIL INMATES RELEASED FROM THE TURNER GUILFORD KNIGHT CORRECTIONAL CENTER LOCATED AT 7000 NW 41ST STREET IN UNINCORPORATED MIAMI-DADE COUNTY BACK TO THE INMATES' ORIGINATING COMMUNITIES AND TO CEASE FROM FURTHER TRANSPORTING RELEASED INMATES TO THE CITY OF MIAMI ("CITY") FOR PURPOSES OF ABANDONING THOSE INDIVIDUALS WITHIN THE BOUNDARIES OF THE CITY; FURTHER AUTHORIZING THE CITY ATTORNEY TO SEEK INJUNCTIVE RELIEF TO PROHIBIT FURTHER TRANSPORTATIONS OF RELEASED JAIL INMATES INTO THE CITY AND TO SEEK ANY AND ALL APPROPRIATE REMEDIES; FURTHER FINDING THAT CONTINUED TRANSPORTS FROM THE COUNTY IS DECLARED TO BE AN IMMEDIATE DANGER TO THE HEALTH, SAFETY, OR WELFARE OF THE PUBLIC WHICH REQUIRES IMMEDIATE ACTION. ENACTMENT NUMBER: R-21-0398 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Vice Chair Russell: RE.10 is a four -fifths vote for TGK (Turner Guilford Knight) Correctional Center. Is there a motion on RE.10 authorizing the City Attorney regarding TGK? Commissioner Reyes: Oh, yes, yes. Commissioner Carollo: Yes. Commissioner Reyes: That's where they dropped -- Vice Chair Russell: Yes. Commissioner Reyes: -- prisoners -- Vice Chair Russell: Moved by Commissioner Reyes. Commissioner Reyes: I move it. City of Miami Page 94 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: Seconded by Commissioner Carollo.l'm reading your minds, just for time's sake. Commissioner Carollo: Yes. Commissioner Reyes: Yes. Vice Chair Russell: Any further discussion? All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on four fifths. END OF RESOLUTIONS City of Miami Page 95 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 9369 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 36, SECTION 36-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") TITLED "NOISE/OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANS -GENERALLY; EXEMPTION," AND SECTION 36-5 OF THE CITY CODE, TITLED "SAME -HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS OF CITY -OWNED PROPERTY; RELAXATION," TO PROVIDE A PILOT PROGRAM FOR NOISE DISTURBANCES WITHIN THE NRD-1 DISTRICT IN THE CITY OF MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE AND AN ENDING DATE. ENACTMENT NUMBER: 14020 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For additional minutes referencing Item Number SR.1, please see "Public Comments for all Item(s)." Vice Chair Russell.: Madam City Attorney, could you read SR.1, SR.4, and SR.5 into the record, please. Commissioner Reyes: Okay. Victoria Mendez (City Attorney): SR.1. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Period. I'm editing out "and an ending date" but -- never mind, effective date and ending date. Not editing anything. Thank you so much. Vice Chair Russell.: SR.4 and SR.5. Commissioner Diaz de la Portilla: Thank you so much. Okay. SR.1. Vice Chair Russell: I've asked her -- did you read 4 and 5? Commissioner Diaz de la Portilla: I'm. sorry. Ms. Mendez: Sony. I was distracted. City of Miami Page 96 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: That's all right. Ms. Mendez: SR.4 and 5. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: As amended. Vice Chair Russell: Thank you. And SR.5. Ms. Mendez: And SR.5. The Ordinance was read by title into the public record by the City Attorney. (COMMENTS MADE OFF THE RECORD) Ms. Mendez: The SR.5. Commissioner Reyes: SR.5. And also SR.4. Ms. Mendez: And SR.4. And the Clerk's Office has made a note of it. Thank you. For the record. Vice Chair Russell: Got it. I understand there is an amendment for SR.1. Commissioner Reyes: And SR.3. Vice Chair Russell: SR.3 has been indefinitely deferred. Commissioner Reyes: Oh, it's been deferred? Vice Chair Russell: Correct. Commissioner Reyes: Okay. Vice Chair Russell: Is there a motion on SR.1, 4, and 5? Commissioner Diaz de la Portilla: I have a question on 1. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: Are you the sponsor? Vice Chair Russell: I'm a co-sponsor This is Commissioner Watson's District primarily. Commissioner Diaz de la Portilla: Commissioner, what's the intent behind SR.1 ? Ms. Mendez: SR.1 has a substitution. I apologize. City of Miami Page 97 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Diaz de la Portilla: Okay. Well then -- Commissioner Watson: So we -- Commissioner Diaz de la Portilla: I'm sorry. Can you read the substitution, so I know what it is? Commissioner Watson: Yeah. Ms. Mendez: It just said that it will apply to temporary use permits as well. Commissioner Diaz de la Portilla: Well, that's important, right. So -- Commissioner Watson: So what's happening in this part of the district, and I guess I want to find out as well kind of globally is that you're now having because of the pandemic, people doing more thing outside. So there's a happy medium that they've worked out both inside bars and outside venues so that the noise, as it becomes later in the evening, the noise now does not disturb the neighbors like we had the issue with the Jungle Island and all these other places. I just want to make sure that it's something that's reasonable between those that have to be -- to be dealt with across the board. But they have come because they're a BID (Business Improvement District), they have come to ask, they've had their own -- and their solution is two things, one, they have a 75 db (decibel) noise level, and two, they have gone out and found devices that allow people -- patrons -- the owners to now measure so that they are in compliance with this noise level, so that everybody can live happily ever after So that's their desire for the noise. Now I got called two weeks ago, went over to the area of Magic City and the like, and it was probably at 100, where somebody was hearing noise from one spot like ten blocks away. And bass level travels particularly as it -- right? And so, I'm just trying to figure out -- my thing was if you don't turn it down, we're going to shut it down. Commissioner Diaz de la Portilla: Of course. Commissioner Watson: And of course, everybody turned it down. These guys have gone further; done a study between 75 and 90, they've come down to 75 and the bar patrons have all agreed that that noise level is sufficient, and they have devices so the people can measure when -- when it's not, so they can do their own sort ofpolicing. So that's what this -- that's what this is. Commissioner Diaz de la Portilla: Okay. If I may, Manager? Manager? What's the Administration's position on SR. 1? That was a good explanation, but I want to make sure that it doesn't impact too many other areas in the City of Miami. Pee Chair Russell: You're recognized. Robert Santos-Alborna: Robert Santos-Alborna, I'm the Code Compliance Director. In reviewing SR.1, technically what it does it allows Code staff, City staff to address properties that currently are not -- are City owned, and the tenants cannot be cited. So technically -- City of Miami Page 98 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: No. Wrong -- Mr Santos-Alborna: -- it would allow us to do this. Vice Chair Russell: We're on a different one. Mr Santos-Alborna: You 're on a different one? Vice Chair Russell: This is the Wynwood Noise Ordinance. Mr Santos-Alborna: Oh, okay. Commissioner Diaz de la Portilla: The Wynwood. Vice Chair Russell: Pilot program. Mr Santos-Alborna: All right. So the pilot program. We are poised and ready to move forward with that after ratification. We're going to be -- the process will require -- it's an amended process to review and assess noise from 25 feet. We are in the midst of purchasing decibel readers and so we're going to be testing the process. It's a brand new process for us with this 25 foot distance. So we're going to go through very aggressive training and prepare to address all the cases. Commissioner Diaz de la Portilla: What impact does it have on businesses in Wynwood? Mr Santos-Alborna: Well, one of the things -- specifically to your question, what impacts? So there will be a process for notice of violation that they need to reduce whatever volume in excess of the Code. If they don't take corrective action then it will go through a process of notice of violations, adjudications, et cetera. There is -- it's a pilot. So we're going to be talking about what happens after adjudication, and fines, and there will be an escalating fee schedule. Commissioner Diaz de la Portilla: And what's that escalated fee schedule? What's the amount? Mr Santos-Alborna: So if we go by -- Commissioner Diaz de la Portilla: What's your thinking right now? Mr Santos-Alborna: -- 162. So I would say on a citation it: $500. The idea will be to go through a -- based on 162, which with an escalation would be $250, $1,000, and $5, 000. On a repeat violation it's -- it becomes pretty steep. Commissioner Diaz de la Portilla: What -- what's pretty steep? Mr Santos-Alborna: $5,000. Commissioner Diaz de la Portilla: Right. So the third violation is $5, 000? City of Miami Page 99 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Mr. Santos-Alhorna: Yes, sir Commissioner Diaz de la Portilla: The first one is a warning? Mr Santos-Alhorna: The process as we will develop it, that's the idea. So we create a process to give an opportunity for corrective action. Commissioner Diaz de la Portilla: Right. So the first one is a warning? Mr Santos-Alborna: Yes. Commissioner Diaz de la Portilla: The second one is aline of how much? $500? Mr Santos-Alborna: The second one -- it could be $500, pending adjudication. Commissioner Diaz de la Portilla: Right. Mr Santos-Alhorna: So it's subject to adjudication. Commissioner Diaz de la Portilla: Right. Mr Santos-Alborna: And then the third one we can go with between $1,000 and $5,000. It depends how egregious. Commissioner Diaz de la Portilla: Have you looked at the area, the geography, and figured out how many businesses are -- why this -- why this is a problem in search of a solution? Mr Santos-Alborna: So, I can't answer that question because I believe this is -- Commissioner Watson: Let me -- hold on one second -- Mr Santos-Alborna: -- initiated by the business owners there. Commissioner Watson: So -- Vice Chair Russell: I can answer that question. Commissioner Diaz de la Portilla: Okay. Commissioner Watson: Yeah, we both can weigh in on that. Vice Chair Russell: So a couple years ago we changed the zoning with an overlay for residential in Wynwood. Commissioner Reyes: Yeah. Pee Chair Russell: Changed everything and it started a war between the entertainment interests and the new residential interests. And so internally within the City of Miami Page 100 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 BID they had to figure out how are we going to handle this because we are an entertainment district, but we're not wanting to service quality of life as well. Mr Santos-Alborna: Correct. Vice Chair Russell: And that war escalated it until they came to a settlement on this ordinance. Commissioner Diaz de la Portilla: Who's they? Vice Chair Russell: The BID, within the BID. Commissioner Diaz de la Portilla: Within the BID? Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: And so there were some residential interests in the BID and there were some more entertainment interests in the BID, and they came to hire a sound engineer and come up with this concept. For me, if it keeps peace, I'm happy with it to give it a shot. But this --1 want it clear, that this is not for me a foot in the door to change the noise ordinance for the rest of the City. Commissioner Watson: Okay. Vice Chair Russell: I like our current noise ordinance. It gives us as a city the maximum leverage with the 100 foot clearly audible definition. Commissioner Diaz de la Portilla: Right. Vice Chair Russell: This is very nuanced, and it could also create loopholes. We're going to test it out. Commissioner Diaz de la Portilla: Well that's my concern. Vice Chair Russell: Yeah. Commissioner Diaz de la Portilla: Right, because what came first the chicken or the egg, right? Vice Chair Russell: There was a problem. Commissioner Diaz de la Portilla: The entertainment area came first. Commissioner Watson: Yeah, but that's -- the thing. Commissioner Diaz de la Portilla: And the residents came later. And they moved into an area that you -- City of Miami Page 101 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Watson: Exactly, exactly. Commissioner Diaz de la Portilla: -- you move into Manhattan, or whatever, you know, or downtown, and you know it's going to he noisy. Or New Orleans, I was just there. You go to Bourbon Street, it's going to be noisy, right, if you live upstairs. Vice Chair Russell: Yeah. Commissioner Diaz de la Portilla: But you know So now we're trying to change the people that actually engineered the rebirth of Wynwood. Vice Chair Russell: You're not. They're trying to. Those very people who want to find the peace. Commissioner Watson: Right. Commissioner Diaz de la Portilla: The BID? Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: But the BID is representative of the residents or the businesses or -- Vice Chair Russell: Both. Commissioner Watson: Both. Commissioner Diaz de la Portilla: Of both. Commissioner Watson: Now both. They are trying to be forward thinking, now both. I contend that if you want to live in a sexy entertainment area then there's going to be noise. Commissioner Diaz de la Portilla: You've got to pay the price. Commissioner Reyes: Absolutely. Commissioner Watson: Unlike where you are if -- so we're all trying to be cognizant of what they believe, but when it's' called an entertainment district -- Commissioner Diaz de la Portilla: Right. Commissioner Watson: -- you don't necessarily want to move and think they're going to shut down the noise at 9 o'clock. Commissioner Diaz de la Portilla: Right. Commissioner Watson: But now that it's changing, they have now come up with their own solution and this is their solution. City of Miami Page 102 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Diaz de la Portilla: Okay. Commissioner Watson: So we're going to try to look at that as it is in these entertainment districts. Because we have others we've created. Okay? Just like in the Omni. Commissioner Diaz de la Portilla: Right. Commissioner Watson: Same thing. People move in the Omni Entertainment and Cultural district, and they want the noise to go off at 9 o'clock. And it's kind of like move to Rush Street and ask them to stop drinking at 8:00. Commissioner Diaz de la Portilla: Exactly, in Chicago. Commissioner Watson: So we're trying to see if this works for them and then go forward. But this is not in any means trying to undermine our noise ordinance. Commissioner Diaz de la Portilla: Right. Okay. Because we're not setting any kind of precedent for the rest of the city, because other areas develop like Allapattah and others, I want to make sure that we're not impacted by, you know -- Vice Chair Russell: I agree with you 100 percent. Commissioner Diaz de la Portilla: The poor planning that happened in Wvnwood along the way, because, you know, the competitive market forces led to whatever it led to and now people are fighting, or no longer fighting, right, I guess. I think my gut tells me they'll continue to fight, but at least this tries to address that, right? Mr Santos-Alborna: So let me -- the answer -- let me give you kind of a long winded. I want to echo -- Commissioner Diaz de la Portilla: Don't be long winded. You can be succinct. Mr Santos-Alborna: Okay. So it ain't broken. I'm going to tell you, plainly audible clause and -- you know, excessive, unusual, and unnecessary using -- using a reasonable person's standards works. It's been upheld in Federal court. It's been upheld in Third DCA (District Court ofAppeal). This is a pilot. They came up with the process, we are preparing to get all the decibel readers, do all the training. We'll come back and we'll provide, you know, support, all the responses and support documentation, well test it. I personally I -- I like our process with using plainly audible. But let's test it. Vice Chair Russell: I would argue without this though, we may be damaging business because the leverage is so much on the residential side that using just the 100 foot standard, they will be getting so many citations they won 't be the entertainment district. They are thinking -- and this isn't quiet. If you look at the ordinance, the measurement inside the apartment, like in a closed apartment is allowed to go up to 65 dBA (A -weighted decibel) and 70 dBc (decibels relative to the carrier). That's the base, and that's not quiet. So I -- we'll see if we still get complaints. But that's a pretty high threshold. So it's definitely still in favor of business. City of Miami Page 103 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: But it's finding a road map to which there is some accountability and some quality of life. I think it worth giving it a shot. Commissioner Diaz de la Portilla: Okay And what's the cost? Mr Santos-Alborna: Well, I don't have it all in front of me, but I'm going to tell you that there are additional expenditures coming from Code. We're buying machines that, you know, are self -calibrating, and certifications, and training, et cetera. So we can prepare that for you, but there's ongoing costs. Commissioner Reyes: Can the BID cover those costs? Commissioner Diaz de la Portilla: Well that was my point. I was going there. You got ahead of me. Mr Santos-Alborna: I'm sorry, Commissioner Can you repeat -- Commissioner Reyes: Can the BID cover the costs? Mr Santos-Alborna: I -- I don't know how to answer that. (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Reyes: I mean, (INAUDIBLE) should have contribution on it. Commissioner Watson: (INAUDIBLE) for that program. Commissioner Reyes: And also I have a question that I want to -- Commissioner Diaz de la Portilla: Well, no, but Commissioner make sure that he answers the question. Commissioner Watson: He's giving the answer. Commissioner Diaz de la Portilla: So the Business Improvement District will cover the costs, right? It's not going to come out of our general revenue? Mr Santos-Alborna: I don't know the answer to that. Commissioner Diaz de la Portilla: Well -- (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Diaz de la Portilla: We're going to give you the answer. We're going to give you the answer City of Miami Page 104 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Watson: Where's Mr. Garcia? He should be here. Commissioner Diaz de la Portilla: Just give us a minute. Commissioner Watson: I thought he was here. No, I mean, I didn't know we were paying for that program. Commissioner Reyes: Yeah. Commissioner Watson: 1 thought they were paying for that program. Commissioner Diaz de la Portilla: Yeah. Commissioner Reyes: They should pay for it. Mr Santos-Alborna: I understand. I am telling you, I am going on the record that I've already initiated the purchases of -- of decibel readers that are far better than what we were told. Based on concerns, based on calibration. and certifications. Commissioner Diaz de la Portilla: That's fine. So -- Mr Santos-Alborna: The last thing 1 want to do is come to -- Commissioner Diaz de la Portilla: So -- Mr Santos-Alborna: -- with a case and it gets challenged by -- Commissioner Diaz de la Portilla: If you've already purchased it, how much have you spent? Do you know? Mr Santos-Alborna: Each machine is $1,500, about $4,000. Commissioner Diaz de la Portilla: That's it? Mr Santos-Alborna: Plus -- that's it, for now. And training. Commissioner Diaz de la Portilla: Okay. That's nothing -- Mr Santos-Alborna: (INAUDIBLE). That's reasonable. Commissioner Diaz de la Portilla: The BID can easily pay for that. Vice Chair Russell: What I would recommend is an amendment. Commissioner Diaz de la Portilla: Yeah, I amend. Commissioner Watson: Yeah, yeah. Vice Chair Russell: That actually has them covering the cost. City of Miami Page 105 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Diaz de la Portilla: Yeah. Commissioner Watson: Yeah, yeah. Yes. Commissioner Reyes: Let's amend it. Commissioner Watson: Yeah. Commissioner Reyes: And last question. Mr Santos-Alborna: Yes. Commissioner Reyes: I -- as you were explaining to Commissioner Diaz de la Portilla the range of fines and you said, okay, first offense is going to be -- Mr Santos-Alborna: Written warning. Commissioner Reyes: A warning. Second offense is going to be $500. And third offense you said it could be from $1,000 to $5,000? Mr Santos-Alborna: That's correct. Commissioner Reyes: But that could be very arbitrarily determined because it all depends, if I am -- I mean, it could happen. We're all human beings. Mr Santos-Alborna: Right. Commissioner Reyes: And ifI am an inspector that I dislike that individual, Igive them a $5, 000. I think it should be set. Mr Santos-Alborna: Understood. Commissioner Reyes: Third should be $1,000 and -- Commissioner Diaz de la Portilla: I agree with that. And fourth maybe. Commissioner Reyes: And. fourth maybe bring it up to $5, 000. But being set arbitrarily by the enforcing agent -- I mean, it could lead to very -- an unfair practice. Mr Santos-Alborna: No, I completely understand. Part of the whole pilot process is that we still have a follow-up meeting with our City Attorney and kind of a finalizing process. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Well -- but, I'm sorry. If may? If may; Mr Chair? There's a big difference between $1,000 and $5,000. Mr Santos-Alborna: Correct. Understood. That's what I said. City of Miami Page 106 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Diaz de la Portilla: So you got the point, right? Mr Santos-Alborna: Right. Commissioner Diaz de la Portilla: So what the Commissioner wants, and I agree with him, is $1, 000 for the third fine and maybe we don't do any additional increase beyond the $1, 000. Right? Or maybe you do $5,000 to not -- repeat offenders, you know, those people have to understand they can't continue to do the same thing. Commissioner Reyes: After five offenses. Mr Santos-Alborna: That's where the range comes in on the repeat offenders. Commissioner Diaz de la Portilla: No, but not third, not third. Mr Santos-Alborna: I understand. Commissioner Diaz de la Portilla: Okay. So if we're in agreement. I don't know if the body's in agreement, my colleagues, but 1 think maybe the third will be $1, 000, right? The fourth will be $2,500 and the fifth will be $5,000. Something like that. Commissioner Reyes: I agree. Commissioner Watson: So -- Commissioner Diaz de la Portilla: Right. So at least it's, you know, if you have a really bad actor $5,000. But not the third offense, because maybe the first time, you know, they don 't knoi; and then -- you never know how it plays out. Mr Santos-Alborna: If we have a bad actor that is on their fourth or fifth offense, we should be looking at -- Commissioner Diaz de la Portilla: No, but remember -- remember, you have to understand what really happens in a lot of these places. Okay? Commissioner Watson: Yeah. Commissioner Diaz de la Portilla: They have promoters that come in from New York and other parts and they have parties that are special and sometimes a DJ (disc jockey) comes in and he puts -- not that I'm an expert on this, but I'm pretty familiar: Commissioner Watson: Sounds like it. Commissioner Diaz de la Portilla: But the DJ comes in and he puts the music a little bit louder, right, and then that's an offense, right? To the venue, to the location. Mr Santos-Alborna: Correct. Commissioner Diaz de la Portilla: So it's not the same person. It could be somebody else that's renting it out. City of Miami Page 107 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Watson: Yeah. Commissioner Diaz de la Portilla: So you have to understand the reality of how things really happen on the ground versus, you know, the theoretical notion of, hey, $5,000 fir the third offense. It could be three different DJs that are renting the area. Mr Santos-Alborna: It could be -- yeah. Commissioner Diaz de la Portilla: So that's why -- mean, it may not be, but it could be. So that's kind of like where we're at. 1 think that's what we should probably do. I recommend. Commissioner Watson: And I think -- I think for that, Commissioner's correct, because I was going to point that out. It shouldn't be arbitrary, one. Two, that does happen. So you should get two warnings and then go $500, $1, 000, $2, 500. Commissioner Diaz de la Portilla: I agree with that. Commissioner Watson: That said -- Commissioner Diaz de la Portilla: I agree with that. Ms. Mendez: So -- Commissioner Watson: And regardless of whoever it is, regardless of whoever it is, I'm okay, both going to weigh in. All right. Both going to weigh in. Regardless of who it is because you know what -- Commissioner Diaz de la Portilla: No, no, Commissioner, they don't get to weigh in. We weigh in. Commissioner Watson: Okay. So -- Commissioner Diaz de la Portilla: Only if we ask them -- Commissioner Watson: So that's the thing that 1 think pilot wise. Because he right. Mr Santos-Alborna: IfImay? Commissioner Watson: Okay. Mr Santos-Alborna: Because I've been doing this for a while. Commissioner Diaz de la Portilla: Okay. Commissioner Watson: Okay. Mr Santos-Alborna: A written warning provides that cushion, hey, we're letting you know, here's an opportunity for corrective action. A second warning is going to be City of Miami Page 108 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 abused. That's based on a few years of history. Let us put something together We talked about the fees. First time written warning, you're now being warned, now you know what to do. $250 for the first one is very reasonable and then we escalate. And part of our process with legal is look, now you're really being abusive to the detriment of everybody else. Let's see what else, because your BTR (Business Tax Receipt) -- if you have somebody that's really abusive five times, five times really, that's excessive. Commissioner Reyes: Well take -- take the BTR out. Mr Santos-Alborna: Yes, sir Commissioner Reyes: That's -- Commissioner Diaz de la Portilla: So -- it's a warning, it's $250, it's $1,000, $2,500, $5, 000. Commissioner Reyes: $5, 000. Commissioner Diaz de la Portilla: Right? Mr. Santos-Alborna: And at the fifth one -- Commissioner Reyes: And the sixth one -- Mr Santos-Alborna: No, shouldn't he your sixth. You should not even be operating. Commissioner Diaz de la Portilla: You shut them down. Mr Santos-Alborna: Uh-huh. Commissioner Reyes: You shut it down. That's it. Commissioner Diaz de la Portilla: Shut it down. Ms. Mendez: Commissioners? Commissioner Diaz de la Portilla: Yes, ma'am. Ms. Mendez: I'm sorry. Commissioner Diaz de la Portilla: That's okay. You're going to weigh in anyway, right? Ms. Mendez: I have to unfortunately because State statute doesn't allow you to do these excessive fines unless -- Commissioner Diaz de la Portilla: Excessive? Ms. Mendez: -- it's passed -- unless it's passed by a four -fifths. We had to advertise it that way -- City of Miami Page 109 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Reyes: With four -fifths -- Ms. Mendez: -- it's not drafted this way. So we would have to reset it. Commissioner Diaz de la Portilla: Okay. Ms. Mendez: Notice it to be -- because right now it's only $250 and $500. Florida statutes, pursuant to 162, is the one that allows us the flexibility to do those $15,000, $1, 000, and $5, 000 fines and all that. So we won't be able to do it today. Commissioner Diaz de la Portilla: But 1 thought -- but Madam Attorney -- I'm sorry, ifI may? Madam Attorney, I thought that what was before us, what he presented to us was it -- was between a $1,000 and $5, 000 fine. That was already presented to us before we had any of this conversation. Commissioner Reyes: Yeah. That's -- it was presented. Commissioner Diaz de la Portilla: Right? That's what he said. Ms. Mendez: When you -- when you say presented -- Commissioner Diaz de la Portilla: So -- what he presented to us today and -- the gentleman in front of us, said that there was the third warning -- the third citation -- Mr Santos-Alborna: The third violation based -- Commissioner Diaz de la Portilla: Well hold on. Mr Santos-Alborna: -- based on Florida statute. Commissioner Diaz de la Portilla: What he said -- Mr Santos-Alborna: Right. Commissioner Diaz de la Portilla: Well based on Florida statute. Mr Santos-Alborna: That's right. Commissioner Diaz de la Portilla: So between $1, 000 to $5, 000. Mr Santos-Alborna: Yes, sir Commissioner Diaz de la Portilla: You said Florida statute does not allow for that kind of amount, right? So we notice it. So it was already noticed? Or was not? Commissioner Reyes: That's right. Commissioner -- Ms. Mendez: Not with the enhanced -- City of Miami Page 110 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Reyes: Commissioner, he already was setting the -- Commissioner Diaz de la Portilla: Yeah. Commissioner Reyes: -- the fine. He was setting it when he said $500, $1, 000, or $5,000. He was setting the -- Ms. Mendez: Right. But that's not how this is drafted right now. It's -- Commissioner Reyes: Well then -- Commissioner Diaz de la Portilla: So what he represented to us is not correct? Commissioner Reyes: That's right. (COMMENTS MADE OFF THE RECORD) Ms. Mendez: On which item were you -- Commissioner Diaz de la Portilla: On what we're talking about. He told us -- (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: -- there was a warning, then there was $500, then - Commissioner Reyes: He was saying -- Commissioner Diaz de la Portilla: -- between $1, 000 and $5, 000 for the third violation. That's what he presented. So someone's right, someone's wrong. So let me know who's right and who's wrong. Let us know. If Florida statute doesn't allow for a $5, 000 fine, why was he presenting it that way? Ms. Mendez.: So a $5, 000 fine is allowed by Florida statute when it's a repeat violator Commissioner Reyes: Okay. Well we get. Ms. Mendez: -- but it is not drafted that way today. This draft that you have is not drafted that way. Commissioner Diaz de la Portilla: Alt right. So he presented something different that was not drafted? Ms. Mendez: No, he was quoting Florida statutes which is correct, but we have to do certain things before -- Commissioner Diaz de la Portilla: All right. So we bring -- Ms. Mendez: You have to pass it by a four.fifths. City of Miami Page 111 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Diaz de la Portilla: So we bring it back the way we talked about it. Ms. Mendez: He was giving you options as to what can be done, but it needs to go through certain -- Commissioner Diaz de la Portilla: So you know what we want? Mr Santos-Alborna: I see. Commissioner Diaz de la Portilla: So just bring it back if that okay with the rest of the Commission. Mr Santos-Alborna: With the understanding -- I mean, not that I'm pushing for it, but a written warning I think provides ample opportunity for corrective action, one. Commissioner Diaz de la Portilla: I don't know what -- Mr Santos-Alborna: Professionally I'm saying that this is, you know, multiple written warnings doesn't work. Commissioner Diaz de la Portilla: Commissioner Reyes was the one that --I don't know, Commissioner, how you feel. You want multiple written warnings? I don't know how you feel about that. Commissioner Reyes: Well I'd rather have one -- one warning. Commissioner Diaz de la Portilla: That's fine. Commissioner Reyes: One warning, a fine, and then it escalates up to a point that is the maximum and then take their license out and that's it. Commissioner Diaz de la Portilla: Okay. So to be clear, one warning, $250, right? One warning, $250. Mr Santos-Alborna: $500 -- Commissioner Diaz de la Portilla: $500 -- Mr Santos-Alborna: $1,000. Commissioner Diaz de la Portilla: -- and then $5, 000, right? Mr. Santos-Alborna: Uh-huh. Commissioner Diaz de la Portilla: Up to the fifth warning. Commissioner Reyes: That's right. Mr. Santos-Alborna: And that's in line with Florida Statute 162. City of Miami Page 112 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Ms. Mendez: Right. So can 1 -- Commissioner Diaz de la Portilla: Okay. So that's okay? Here she goes again. Ms. Mendez: I think we're mixing -- I'm sorry. I just have to -- unfortunately I have to tell you these things. So there two processes which I think we're mixing up. Okay? Commissioner Diaz de la Portilla: Okay. Ms. Mendez: There's a ticket process that you could do a ticket for two -- as drafted, this was a ticket process that we will give them a ticket for $250 and then we'll give them a ticket for $500 -- Commissioner Diaz de la Portilla: No, but -- Ms. Mendez: That's just tickets. When you go out for a ticket. Commissioner Diaz de la Portilla: No, but we're talking about how he's going to bring it back to us. Ms. Mendez: Right. And then there is the process for per diems when it goes before the Code Enforcement Board and it could be up to $250 per day, right? Commissioner Diaz de la Portilla: Right. Ms. Mendez: Until they come into compliance. Commissioner Reyes: But what -- Commissioner Diaz de la Portilla: We're not doing that. Commissioner Reyes: With all due respect, why are you complicating this so much, you see? I mean -- Ms. Mendez:: I'm not complicating. I'm trying to tell you what the draft says -- Commissioner Reyes: Hold on -- could you listen to me? Could you listen to me? Ms. Mendez: Yes. Commissioner Reyes: You said ticket, that's what we are going to give them. It is -- not code violation, it's just a ticket. Ms. Mendez: Right. Commissioner Reyes: We give them a ticket for $500 of whatever it is -- Ms. Mendez: Maximum. That's what I'mtrying to explain to you. In the ticket process you can only do a $500 ticket. That is your max. So there are two code enforcement -- City of Miami Page 113 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Reyes: Okay. How about -- we give them a $500 ticket and then we run a $250 -- can we run a code violation for over $250 or can we set it over $250? Ms. Mendez: And if you would want to do that also this would have to be drafted that way. Commissioner Reyes: Okay. Then -- then you said a code violation that is going to be $1, 000 to $5, 000 per day? Ms. Mendez: Right. All that has to come back because it's two separate processes -- Commissioner Reyes: That's it. Ms. Mendez: -- and it not drafted that way right now. (COMMENTS MADE OFF THE RECORD) Commissioner Reyes: Can we pass it and then later on we decide how it is? Ms. Mendez: So if we pass this we could -- as drafted. 1 just want to say how it drafted right now. As drafted right now, you have a ticketing process based on the new criteria, it would be a $250 ticket or a $500 ticket, depending on how it's drafted right now for a first offense and a second offense. Commissioner Diaz de la Portilla: And there is no warning? Ms. Mendez: There is -- right now there's no warning even though they have the discretion to give a warning. Mr Santos-Alborna: We do. Commissioner Diaz de la Portilla: No we don't want to give them discretion. Commissioner Reyes: Excuse me. Can we pass it like this? And if -- Ms. Mendez: I recommend -- Commissioner Reyes: And then we modify -- it's more defined -- Ms. Mendez: Yes. I would recommend -- Commissioner Reyes: -- and comes for a vote. Ms. Mendez: -- you pass it as is, so you have your first pilot program -- Commissioner Reyes: That's right. Ms. Mendez: -- and you address these concerns. City of Miami Page 114 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Reyes: And then we come hack. Ms. Mendez: With your $250 and $500 tickets. Commissioner Diaz de la Portilla: It requires a -- it requires a second reading? Vice Chair Russell: This is second reading. Commissioner Diaz de la Portilla: Oh, no, then we can't pass it. Commissioner Reyes: No, we pass it as it is and then next Commission meeting, we set the fines. Can we do that? Vice Chair Russell: It's a pilot. It can be altered. Arthur Noriega (City Manager): Can I offer suggestion? So this is intended to be a pilot program. It was initiated by the BID, right, in concert with -- they have a Bar and Restaurant Association that's been established in Wvnwood. Commissioner Watson: Right. Mr Noriega: They've signed off on this as well. Commissioner Watson: Right. Right. Right. Mr Noriega: Let the pilot go forward. The idea behind the pilot is to assess how successful it is, right, and report back to determine whether or not it's something you want to continue, you want to modify, you want to tweak it. Maybe put parameters on the pilot that, hey, look, in six months we want to report back on -- with how this is going. Commissioner Diaz de la Portilla: Well I agree. But the point -- if I may? The point of contention here is whether people are given a warning or not. Hold on. And then the second point of contention which the gentleman said. I'm sorry, what's your name, sir? Mr Santos-Alborna: Robert Santos-Alborna. Commissioner Diaz de la Portilla: Okay. Robert. Mr Santos-Alborna: Yes, sir Commissioner Diaz de la Portilla: Okay, Robert. Sorry. I apologize. Mr. Santos-Alborna: It's okay. Commissioner Diaz de la Portilla: And the second point of contention I think is that it was $5, 000 -- $1, 000 and $5, 000 fine. That seems a little bit heavy. Commissioner Reyes: (INAUDIBLE). City of Miami Page 115 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Diaz de la Portilla: And that's why -- a little bit hefty. So that to me is concerning. That's all. That's all. But I'll go forward. Mr Noriega: And clearly that's not the way the current legislation reads. Commissioner Diaz de la Portilla: Okay, that's fine. Me Noriega: Right? So -- and I'm going to say this, and we've dealt with this in other scenarios. There's a point at which the fine or the fee is so low that it becomes a cost of doing business for the business. Commissioner Diaz de la Portilla: Of course. Mr Noriega: Because they go, yeah, I'll pay $250, I'll pay 500 bucks. Commissioner Diaz de la Portilla: Right. Mr Noriega: I'm making --I'm making, you know, $10,000 at the door. Commissioner Diaz de la Portilla: Of course. Mr Noriega: You know, so keep that in mind too. Commissioner Diaz de la Portilla: All right. I'm okay. Vice Chair Russell: It is on the record as well this morning that the BID director did offer that they were going to pay for the costs of the program. So if you want to codes that we can add that as an amendment. But it is on the record, so we should be sending them a bill for the sound meters. Commissioner Carollo: Chairman? Vice Chair Russell: Yes, sir Commissioner Carollo: This is only,for the Wynwood BID? Commissioner Watson: Yes. Vice Chair Russell: Only for the Wynwood BID and very clearly not to creep. Commissioner Carollo: Okay. Well, I -- even though it's a pilot program, we should try to go at things like if it would be citywide. Here's the problem that I've been having for a long, long time now This city -- comes the weekends and sometimes beginning on Thursday nights. Thursday nights, Friday nights, Saturdays, especially nights, Sundays nights is not as bad, and then if you happen to have a holiday on a Monday, then Sunday it just sparks. This city is owned by the discotheques, the lounges, the bars. You know, it's just, it's a fact. And they make a heck of a lot of money. Now if they're indoors, I don't care how loud they put it. If they want to, you know, make those kids deaf and those that are not so much kids, you know, it's their City of Miami Page 116 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 problem if they're stupid enough to he there with such loud noise. What1'm concerned about are those that are not indoors and are going to keep up residents awake constantly. And what's been happening in this city for a long, long time has been that one, a call comes in from a resident, they can't sleep. It's 2:00, it's 3:00 in the morning and the party is on. Well the dispatcher doesn't send one of our patrol units that's on duty. They'll call the off duty police officer that in particular in the past were being paid, not through checks, in many of the establishments. So what happens? Nothing. And you could go and check from one end of the city to the other that that's the complaint the residents have had. Then Code, that we've only had one guy at night, most are not trained properly. If they're not scared of what they're doing, and that a police officer is in the scene that's off -duty, you know, they might be invited by the owner and, you know; one of these, and they're not going to do anything either Mr Santos-Alborna: Well, soon -- Commissioner Carollo: And this has been -- Mr Santos-Alborna: Well, soon to change, Commissioner. Commissioner Carollo: -- what has been happening. Mr Santos-Alborna: I'm sorry -- I apologize for interrupting. Soon to change. We're doing -- Commissioner Carollo: Well, look, you have many fine code enforcement officers -- Mr Santos-Alborna: Uh-huh. Commissioner Carollo: Your problem is at the supervisory level. Because they were trained by a former director, several behind you, that didn't walk a straight line. And these guys have been players, and they had buddies that were part of the guys that approved plans in Zoning, in Building. And, you know, when -- some years back they arrested people in the City in these departments. I think it was called a corporation. Well they did just like you do in Tallahassee when you wipe out a corporation. I think a new one was opened. A lot of these guys, thank God, are not working with us any longer, the last four years. But there's a lot of people playing games out there. Mr Santos-Alborna: Understood, Commissioner hut -- Commissioner Carollo: So where I'm going to be clear is that these night clubs, these discotheques, in one night, the money they can make is unreal. For them to snake $20,000, $30,000, $40,000, $50,000 depending what size they are, it's, you know, very easily achievable. What's $1,000 fine, a $500 fine, even $2,500 fine for these places? It's, you know, a tip that they're given. It's part of doing business. So this is what 1 want my colleagues to think about before we decide what the fine range should be and also there are certain provisions with the state that I don't know if we could overcome them or not. But just to go along with this and put another little fine so, you know, they just get hit like this and nothing really happens. We're really not going to accomplish anything by that. You've got to put a bite into what we do and if you have new DJs, the owners of the establishment are still the same owners and they're City of Miami Page 117 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 responsible to make sure that that DJ knows up to what level they could be at. But the facts are that a lot of these places purposely are going to violate our code, our ordinance, our rules and regulations because it's how they make money, and they don't care on the hardship they cause the residents of the area where they live in. So gentlemen, I would suggest that if we're going to accomplish anything here, we should really look at what the fine structure should be. Commissioner Reyes: Well -- Commissioner Carollo: And 1 don't think that, you know, for you to wait to pull a license on the fifth time, 1 mean, that's ridiculous. Everybody needs to know what the rules are. If you're going to be playing this game by the third time, you're going to keep playing it. And particularly, if you basically only have to pay a tip out of 'the huge gains that you're making every night. You know, there has to be, you know, someone that finally, you know, puts some order into this whole process. Look 1-- I don't care for all these nightclubs, bars in my district, but if they have come and they abide by the law and they keep it in-house where the noise is in-house and it's not affecting the residents, fine, we still have to put in with all these crowds that come in. It's not ideal and what happens after they leave all happy and the police reports of cars being swiped on the side, or their mirrors being cut up or half a lane of traffic or whatever. But at least the music is not keeping people awake. But I don't know. Madam City Attorney, what does the law say? Ms. Mendez: I am just merely saying, and I know it's frustrating and I am sorry. As drafted right now, this is a ticketing process with a $250 and $500 ticket. If you want it to be the expanded $1,000, $5,000, $15,000 per day, we need to bring a separate draft for that. Commissioner Reyes: Yes. Madam City Attorney, as we were discussing before can we pass this as it is, and we'll bring it back to set a fee schedule? Ms. Mendez: Yes. What we could do is pass this -- Commissioner Reyes:: Okay, yes. Ms. Mendez:: -- and then bring an ordinance that has the enhanced fines. Commissioner Reyes: Then I'm moving that we pass it like it is and to bring it back next meeting so a fee schedule and everybody can -- can give their ten cents worth, but it's going to be changed. Commissioner Diaz de la Portilla: I'll second that. Commissioner Carollo: Yeah. This -- Vice Chair Russell: Motion by Commissioner -- just a minute. Motion by Commissioner Reyes, seconded by Commissioner Diaz de la Portilla. You're recognized. City of Miami Page 118 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Carollo: On the schedule here, how many fee schedules are we talking about? Ms. Mendez: It's -- the per diem ones are the ones that we're discussing. The -- that you pass by four -fifths, so we passed in the past for -- Commissioner Carollo: No, we're talking about what this has now. Ms. Mendez: What this has now right now is a $250 ticket for the first violation, $500 Jroa second violation. We cannot make those tickets, those individual tickets, greater than that. For citations, it's just a $500 max. Commissioner Carollo: That's what the state -- Ms. Mendez: For per diems, per state statute -- Commissioner Carollo: That's what the state has. Ms. Mendez: -- we're preempted unfortunately. Commissioner Carollo: Okay. 1 understand, right now. Ms. Mendez: For citations. However, for per diem fines when they go before the Code Enforcement Board those can be enhanced. (COMMENTS MADE OFF THE RECORD) Commissioner Reyes: That's why -- Vice Chair Russell: I agree with Commissioner Carollo completely. Commissioner Reyes: That's why I proposed that we do it like this and then when we come back, we vote on a fee schedule that will include after this, probably -- or at the beginning, you see. They would be charged with a code violation and the maximum. Vice Chair Russell: Got it. There's been a motion, there's been a second with direction to bring it backfor a stronger fee schedule with teeth. Commissioner Watson: So moved. Vice Chair Russell: It will make a difference. We have a motion and second. All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on SR.1. City of Miami Page 119 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 SR.2 ORDINANCE Second Reading 9311 Commissioners and Mayor SR.3 9377 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE VI OF THE CODE OF THE CITY MIAMI, FLORIDA, AS AMENDED, TITLED "SIDEWALK CAFES", TO INCLUDE STREET CAFES, FEES, PERMIT REQUIREMENTS, AND PERMIT CRITERIA; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Reyes, Watson ABSENT: Carollo Note for the Record: Item SR.2 was continued to the October 28, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number SR.2, please see "Order of the Day." ORDINANCE MAY BE DEFERRED Second Reading Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING and Mayor CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ALCOHOLIC BEVERAGES;" MORE PARTICULARLY BY AMENDING SECTION 4-6 OF THE CITY CODE TO RENAME THE "OVERTOWN ENTERTAINMENT DISTRICT" TO THE "HISTORIC OVERTOWN CULTURE AND ENTERTAINMENT DISTRICT"; MODIFYING THE DISTRICT'S BOUNDARIES AS DEPICTED IN EXHIBIT "O"; AND MAKING GRAMMATICAL CORRECTIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Reyes, Watson ABSENT: Carollo Note for the Record: For minutes referencing Item Number SR.3, please see "Order of the Day." City of Miami Page 120 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 SR.4 ORDINANCE Second Reading 9523 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION RENAMING THE PARK AT 342 SOUTHWEST 7 AVENUE, MIAMI, FLORIDA, CURRENTLY KNOWN AS "RIVERSIDE PARK/JORGE MAS CANOSA PARK", AS "GENERAL JOSE FRANCISCO MORAZAN QUESADA PARK"; AMENDING CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PARKS AND RECREATION/IN GENERAL", BY CREATING SECTION 38-28, TITLED "NAMING OF GENERAL JOSE FRANCISCO MORAZAN QUESADA PARK"; FURTHER DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE RENAMING OF THE PARK; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14021 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Vice Chair Russell: We have already read into the record SR.4 and SR.5. Commissioner Diaz de la Portilla: Moved. Vice Chair Russell: Moved by Commissioner Diaz de la Portilla -- Todd B. Hannon (City Clerk): Chair? My apologies. Fin sorry. I just wasn't in the seat at the time. For SR.1 that was adopted as amended, correct? Vice Chair Russell: Yes, with the substitution that was. Mr Hannon: Okay. Got you. Understood. Commissioner Reyes: Okay. I'm moving -- Victoria Mendez (City Attorney): This one -- this one, as -- yes, there was a substitution, yes. Thank you. It was a substitution. Vice Chair Russell: Yes, that is accepted. Commissioner Reyes: (INAUDIBLE). Vice Chair Russell: I already have a motion by Commissioner Diaz de la Portilla for 4 and 5. SR.3 has been indefinitely deferred. Commissioner Carollo: I thought 3 was deferred. Okay, so I -- Commissioner Reyes: (INAUDIBLE). City of Miami Page 121 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: Who is the second on -- Commissioner Carollo: So moved on 4. Commissioner Reyes: 5. Vice Chair Russell: Was there a second on 4 and 5? Commissioner Carollo: So you're doing both together? Vice Chair Russell: Yes. Commissioner Carollo: Okay. Nee Chair Russell: Seconded by Commissioner Carollo. Is there any further discussion? All in favor -- yes. Mr Hannon: And SR.4 will be amended to change to add to general to the title for SR.4. Ms. Mendez: Yes. Commissioner Watson: So, Mr Chair? V ce Chair Russell: Yes, sir Commissioner Watson: The relief program, this is a fine relief program? It's an F-I-N- E, fine relief program? Ms. Mendez: What time of program? Commissioner Watson: The fine -- what's the relief program? Ms. Mendez: The relief is that you could come in and under prior codes based on when you built, but Ace can -- Ace Marrero (Director, Building): Good afternoon, Commissioners. Ace Marrero, Building Director The code relief program is a program that allows homesteaded -- homestead homeowners to come in and legalize work that was performed prior to the enactment of the Florida Building Code. So prior to 2001. Commissioner Watson: Oh, so it about the code? Okay. Mr. Marrero: It's about the code, yeah. Commissioner Watson: Okay. All right. Vice Chair Russell: All right. We have a motion and a second on SR.4 and 5. Any further discussion? All in favor say, "aye?" City of Miami Page 122 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. SR.5 ORDINANCE Second Reading 10630 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS/CODE RELIEF PROGRAM"; MORE PARTICULARLY BY AMENDING SECTION 10- 70 TO REMOVE ANY SUNSETTING DATE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14022 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number SR.5, please see Item Number SR.4. Note for the Record: For minutes referencing Item Number SR.5, please see "Order of the Day." END OF SECOND READING ORDINANCES City of Miami Page 123 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 10663 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 35/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "MOTOR VEHICLES AND TRAFFIC/COCONUT GROVE BUSINESS DISTRICT, DESIGN DISTRICT AND WYNWOOD PARKING IMPROVEMENT TRUST FUNDS"; MORE PARTICULARLY BY AMENDING SECTIONS 35-220 OF THE CITY CODE, TITLED "REQUIRED OFF-STREET PARKING AND PAYMENT IN LIEU OF REQUIRED OFF-STREET PARKING", BY CLARIFYING THE PARKING WAIVER PROCESS AND BY ESTABLISHING SECTION 35-237, TITLED "DOWNTOWN FLAGLER DISTRICT PARKING AND LOADING IMPROVEMENT PROGRAM AND TRUST FUND — ESTABLISHED", SECTION 35- 238, TITLED "FUNDS MADE AVAILABLE; FINANCIAL REPORT", SECTION 35-239, TITLED "SCHEDULE OF FEES AND CHARGES FOR DOWNTOWN FLAGLER DISTRICT PARKING AND LOADING IMPROVEMENT TRUST FUND", AND SECTION 35-240, TITLED "PARKING AND LOADING WAIVER CERTIFICATES; REVOCATION; REFUNDS", TO ESTABLISH THE DOWNTOWN FLAGLER DISTRICT PARKING AND LOADING IMPROVEMENT PROGRAM AND TRUST FUND; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number FR.1, please see "Order of the Day." Vice Chair Russell: If I could get a first reading of the ordinance for FR.1, please, Madam City Attorney. The Ordinance was read by title into the public record by the City Attorney. [Later...] Vice Chair Russell: Mr. Planning Director, can we pass those simultaneously or do you need one before the other? (COMMENTS MADE OFF THE RECORD) Vice Chair Russell: All right. Victoria Mendez (City Attorney): I -- City of Miami Page 124 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: Yes, Madam City Attorney? Ms. Mendez: I just wanted to clarify that for second reading, we will have stricter covenant provisions to -- Commissioner Reyes: Yes. Ms. Mendez: -- address certain concerns that were brought up in briefing and we will have that for second reading for you. Commissioner Reyes: Okay, okay. Cesar Garcia -Pons (Director; Planning): Mr Chair, we should do FR.1 first, please? Nee Chair Russell: You would like to hear FR.1 first? All right. Is there a motion on FR. 1? Commissioner Reyes: 1 move it. Commissioner Diaz de la Portilla: Moved. Vice Chair Russell: Moved by Commissioner Reyes, seconded by Commissioner Diaz de la Portilla. All in favor say, "aye." The Commission (Collectively): Aye. Nee Chair Russell: Motion passes. City of Miami Page 125 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 FR.2 ORDINANCE First Reading 10658 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STARS OF CALLE OCHO ADVISORY COMMITTEE"; MORE SPECIFICALLY BY AMENDING SECTION 2- 1329 OF THE CITY CODE, TITLED "STARS OF CALLE OCHO WALK OF FAME CELEBRITY AND COMMUNITY RECOGNITION ADVISORY COMMITTEE —ESTABLISHMENT, PURPOSE AND POWERS AND DUTIES," BY MAKING THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION RESPONSIBLE FOR ALL MATTERS CONCERNING THE STARS ALONG THE CALLE OCHO WALK OF FAME AND PROVIDING FOR THE CITY COMMISSION'S CONFIRMATION OF ALL NOMINEES FOR SUCH A STAR; FURTHER AMENDING, SECTION 2-1330 OF THE CITY CODE, TITLED "MEMBERSHIP AND QUALIFICATIONS, MEETINGS AND QUORUM," BY CHANGING THE NUMBER OF STARS OF CALLE OCHO ADVISORY COMMITTEE BOARD MEMBERS AND THEIR NOMINATION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Reyes, Watson ABSENT: Carollo Note for the Record: For minutes referencing Item Number FR.2, please see "Order of the Day." City of Miami Page 126 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 FR.3 ORDINANCE First Reading 7221 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES," TO CONVERT THE EXISTING MOTORIZED SCOOTER PILOT PROGRAM TO A PERMANENT PROGRAM; PROVIDING FOR INCREASED FEES FOR SCOOTER OPERATORS; PROVIDING FOR ENHANCED PENALTIES FOR VIOLATIONS OF THE SCOOTER PROGRAM, INCLUDING FINING ADULT ACCOUNT- HOLDERS OF A SCOOTER OPERATOR FOR PERMITTING A PERSON UNDER 18 YEARS OF AGE TO OPERATE A SCOOTER; PROVIDING FOR SCOOTER FLEET SIZE LIMITATIONS BY THE APPLICABLE PROCUREMENT METHOD THAT SELECTS OPERATORS; PROVIDING THAT ALL PROVISIONS OF THE MOTORIZED SCOOTER PILOT PROGRAM IN EFFECT PRIOR TO THE PASSAGE OF THIS ORDINANCE CONTINUE FOR THE REMAINING DURATION OF THE PILOT PROGRAM WITH CERTAIN LIMITED EXCEPTIONS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number FR.3, please see "Public Comments for all ltem(s). " Vice Chair Russell: Commissioner Diaz de la Portilla, you wanted to talk about the scooter program before we defer it? Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: Before we defer it. Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: Now you're acting like a real chairman. Now you're acting like a real chairman. I love it, I love it. Commissioner Reyes: Are you giving -- I mean, classes. Are you tutoring him? That's very Tallahassee. Commissioner Diaz de la Portilla: He's a very quick learner I see. Commissioner Reyes: That's very Tallahassee. Commissioner Diaz de la Portilla: Before we defer it. I'll continue to voice my objection to the scooter program. I've done it from the beginning. City of Miami Page 127 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Reyes: I second that. Commissioner Diaz de la Portilla: I'm worried -- Commissioner Carollo: Hold on, hold on. You haven't done it from the beginning. Commissioner Diaz de la Portilla: From the beginning. I've always voiced --1 voted for it as a courtesy to my colleague -- Commissioner Carollo: Hold -- Commissioner Diaz de la Portilla: -- who had it -- hold on, who had it in his district. Commissioner Carollo: Those are Tallahassee words. Commissioner Diaz de la Portilla: No, no. Commissioner Carollo: You voted for it, but -- Commissioner Diaz de la Portilla: No, no, no, no, no, no. Commissioner Carollo: -- you oppose it. Commissioner Diaz de la Portilla: I voiced my objections -- to give a colleague -- Commissioner Carollo: Look, what happened happened. Commissioner Diaz de la Portilla: No, what we believe -- Commissioner Carollo: Let's move forward. Let's move forward. Commissioner Diaz de la Portilla: Well it is collegiality, so we kind of learned that in Tallahassee, right? So I voted for it as -- remember we had the conversation that I said to my colleague from District 2 that I would help him to have a pilot program. I wanted the RFP (Request for Proposal) to come out with safety measures that continue to concern me. I know it's concerned both of you commissioners, Commissioner Reyes and Commissioner Carollo. Commissioner Carollo: I've been very clear in that. Commissioner Diaz de la Portilla: Yeah and something -- and so have I, and -- and I still remain concerned. The RFP has the safety measures in place, but I remained concerned. But if you're so worried about it, Commissioner Carollo, we can actually bring it up and eliminate the program right now. We can also do that. I don't have a problem with that. I will make a motion, if you want to do it, to eliminate the program and we should have three votes according to your sentiments, right? So let's eliminate the program. I have no problem with that. So I'll make that motion. City of Miami Page 128 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: There's been a motion -- well, so that wouldn't be -- it would be to deny FR.3 or to -- Commissioner Diaz de la Portilla: No, it would be to eliminate -- Vice Chair Russell: Or to withdraw FR.3 and to eliminate -- Commissioner Diaz de la Portilla: No, no. Vice Chair Russell: Okay. So a separate item to stop the pilot program altogether? Commissioner Diaz de la Portilla: Correct. Vice Chair Russell: Eliminate the program. So it's irrelevant of this item. Commissioner Diaz de la Portilla: No, this item -- eliminates the program, correct, or stalls the program? Victoria Mendez (City Attorney): So it is -- Commissioner Diaz de la Portilla: Halts the program. Ms. Mendez: -- we have two items. Commissioner Diaz de la Portilla: Okay. Ms. Mendez: We have the discussion item that -- Commissioner Diaz de la Portilla: No, we're talking about FR (First Reading). Ms. Mendez: -- you 're discussing. And then the FR is the one that creates the program citywide, I believe. Like actually establishes -- Commissioner Diaz de la Portilla: Okay. So -- Ms. Mendez.: -- establishes the program fully. It's not a pilot anymore. Commissioner Diaz de la Portilla: Oh, so no, no, it's the reverse. Vice Chair Russell: This item creates the permanent program which meant to coincide with the award. But if there's no will on this body to continue the program we might as well figure that out. Commissioner Diaz de la Portilla: Right, right, right, right. That's the thing. Right. Because the RFP was supposed to be that it created all the safety measures and all our concerns that we've all had here back and forth, right? Not all, but at least three Commissioners have had that concern. Vice Chair Russell: Yeah. City of Miami Page 129 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Diaz de la Portilla: I don't know about Commissioner Watson. Vice Chair Russell: And I agree that this -- this version of the ordinance is not yet strong enough. So I wouldn't vote for it today and I think we should defer it to come in line with the award. But if there's no world where this body thinks that this scooter program could survive safely in the City, or nor should we promote it anymore, then that's the will of this body. I believe in it. I've believed in it for my district. It has proven well. We've done a lot of safety measures. We have yet to have any fatalities. But it the will of this body, you know, and I can't do it alone. Commissioner Diaz de la Portilla: But I'll tell you what I want to do. If you want to go ahead and defer it, we'll defer it. Butt think we need to have a conversation because 1 obviously don't want to make it permanent. 1 do want to have a conversation at the next Commission meeting that we eliminate it. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: And that way -- remember -- Commissioner Reyes: Can I -- Commissioner Diaz de la Portilla: I made a motion -- I made a motion not to eliminate it -- Commissioner Reyes: No, no, I mean -- Commissioner Diaz de la Portilla: You remember? Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: And I didn't get a second. I think it was the only time in my life I haven't gotten a second. Do you remember that, Commissioner Carollo? Commissioner Carollo: Months, months after you voted to keep it. Commissioner Diaz de la Portilla: Of course, of course. You vote to keep it because that's why it's called a pilot program, right? Because we always try, new ideas in Miami and see if they -- in everywhere, anywhere, right? That's kind of the thinking that you have. You want to be forward thinking. You don 't want to be somebody that's living in the past. So what I want to do is I want to come back and probably ask that the program be eliminated altogether So I'm going to draft an ordinance, madam secretary -- I mean, Mr Manager, I'm sorry. Because you were talking to someone else. Commissioner Corolla: You just demoted her Commissioner Diaz de la Portilla: I know. You saw that? That probably draft a motion to -- draft an ordinance to come back and eliminate the program at the next Commission meeting. City of Miami Page 130 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Ms. Mendez: It would be repealing. Commissioner Diaz de la Portilla: Repealing the program. Commissioner Reyes: Repealing. Commissioner Diaz de la Portilla: The pilot program, right? Repealing. Unless there's a conversation about the RFP. I don't know the details and maybe we can talk through it. But I'm not happy. I'm not comfortable with something that I think is kind of an accident waiting to happen. I've always been concerned about that. Commissioner Reyes: 1 -- Arthur Noriega (City Manager): Can I get clarity on what his executive -- you want us to draft an ordinance to repeal the pilot program or do you want to discuss the RFP? Commissioner Diaz de la Portilla: No, I want to draft an ordinance -- Commissioner Carollo: Both. Commissioner Diaz de la Portilla: -- to repeal the pilot program and discuss it. Vice Chair Russell: That's -- that's not an ordinance. But it doesn't require an ordinance -- Commissioner Reyes: Wait, wait a minute. Now I'm getting confused. Commissioner Diaz de la Portilla: It's not complicated. Ms. Mendez: You require an ordinance to repeal your pilot program. Commissioner Diaz de la Portilla: Of course. Ms. Mendez: Right now you're operating under the District 2 pilot program. Vice Chair Russell: Wouldn't you just be amending the ordinance under which the pilot program exists? Ms. Mendez: But you have to repeal it. Commissioner Diaz de la Portilla: You have to repeal it. Pee Chair Russell: So it's a separate two reading ordinance to repeal an existing pilot program? Commissioner Diaz de la Portilla: Of course. Vice Chair Russell: You have your direction? City of Miami Page 131 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: When would you like it -- Commissioner Reyes: May I say something, please? You know that I have been an opponent since day one and I keep being an opponent because I have -- I have received a lot of complaints, people that live in Brickell. The other day, I witnessed in a street in downtown, one of those 1 would say rather narrow sidewalks and there were -- and -- swear to God this is a true story. There were a couple of -- of scooters parked on the sidewalk and here conies this lady on a motorized wheelchair Vice Chair Russell: Did you -- Commissioner Diaz de la Portilla: How fast was she going? Commissioner Reyes: But she wasn't going at speed limit, but she was going -- for the wheelchair she was going -- she was going fast. Commissioner Diaz de la Portilla: Was it 25 or 35? Commissioner Reyes: But the thing is that she had, 1 mean, she had to go back, go on the street, and then come back on the street. These things that they are cluttering our sidewalks. They are -- they're dangerous. And I think that we should follow what many, many, many big cities have done, which is outlaw them, you see. And also, there's instances that they take to the road, and they have not stopped. They have not stopped the usage of these scooters by minors. They haven't stopped it. Because the only way that you can do that, you have to police them and in order to police them you have to have a special police -- a special task force for it. And we don't have it. I mean, right here. You can just -- I mean, if you stand on the corner right here and -- you can just see the -- I mean, you can watch minors coming back and forth and even racing on it. It is quite dangerous. It is quite dangerous. And as I stated before, we have a huge elder population and I am afraid that one of these is going to knock one of those senior citizens and they're going to be -- I mean, they're going to be really, really hurt. Vice Chair Russell: Understood. So there's direction to draft, we have an indefinite deferral put on the floor, for this -- there's a discussion item already up, which is scheduled to be indefinitely deferred as well if we vote for that. So -- Commissioner Reyes: Okay. Vice Chair Russell: -- is there a motion to indefinitely defer FR.3 and DI2? Commissioner Diaz de la Portilla: Yes, so moved. Vice Chair Russell: Moved by Commissioner Diaz de la Portilla. Commissioner Reyes: Second. Vice Chair Russell: Seconded by -- where did that come from, Commissioner Reyes? City of Miami Page 132 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Watson: Commissioner Reyes. Vice Chair Russell: All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. Commissioner Carollo: Mr Manager -- Commissioner Watson: Let me just say --I'm sorry. Let me just say, Mr Chair, we are continuing to move into a new age and so I think we all get it in some respect. We dealt with the micromobility lanes which I thought was appropriate. But think there's two -- two areas of this kind of new age transportation that's very egregious because it's used more in an entertainment fashion and that's the scooters and these wave runners that we see. Because a lot of people coming here are not really wanting to obey laws. You see them dashing down the street. And I've not seen an accident, but if someone's using a scooter to go to work, it's cool. 1 see them flip them up, put them on their back, go inside. That's their mode of transportation because that's where we are. Costs are very high. But people, you know, riding two and three times -- two and three people on a scooter and they're all over the place. Look, City bikes have gotten it down. Revel is pretty good. But the scooters for the people who are involved, the scooters has just not been and aesthetically pleasing sort of situation and I spoke to them and told them, people come outside and, you know, trip over them and you see some sitting there, you know rusting in some places. So they have to get down -- get it down right in order for it to obviously go in areas other than close to ours because I share one where you are that think, you know, those people might use it to go to work. I think going to work is cool, but the entertainment value of scooters and these wave runners, you know, people going down and then threatening folks from the water and that kind of stuff. We just have to figure out -- get a handle on it before we do have bad accidents. So that's my thing. Vice Chair Russell: Thank you. City of Miami Page 133 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 FR.4 ORDINANCE First Reading 10602 Commissioners and Mayor AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTER 36/SECTION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "NOISE/OPERATION OF RADIOS, PHONOGRAPHS, OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS, AND MUSICIANS — GENERALLY," AND CHAPTER 36/SECTION 5 OF THE CITY CODE, TITLED "NOISE/SAME — HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS ON CITY -OWNED PROPERTY; RELAXATION," TO REMOVE THE EXEMPTION TO ADHERE TO THE NOISE ORDINANCE FOR TENANTS ON CITY OF MIAMI OWNED PROPERTIES OR FACILITIES; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Reyes, Watson ABSENT: Carollo Note for the Record: Item FR.4 was deferred to the October 14, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number FR.4, please see "Order of the Day." City of Miami Page 134 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 FR.5 ORDINANCE First Reading 10731 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION NAMING THE ASSEMBLAGE OF LAND CONSISTING OF APPROXIMATELY THREE (3) TO FIVE (5) ACRES LOCATED AT 1680 NORTHWEST 5 STREET, 1610 NORTHWEST 6 STREET, 1651 NORTHWEST 5 STREET, 1649 NORTHWEST 5 STREET, AND 1641 NORTHWEST 5 STREET, MIAMI, FLORIDA AS "RUBEN DARIO PARK"; AMENDING CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PARKS AND RECREATION/IN GENERAL", BY CREATING SECTION 38-29, TITLED "NAMING OF RUBEN DARIO PARK"; FURTHER DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE NAMING OF THE PARK; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For additional 'ninnies referencing Item Number FR.5, please see "Order of the Day." Pee Chair Russell: Commissioner Carollo? Commissioner Carollo: So if I could respectfully request of the Chair and my colleagues if we could take up FR.5 out of order. We have a -- Commissioner Reyes: Move it. Commissioner Carollo: -- group ofpeople from the community that would like to hear it. So if we could take this one out of order I would appreciate it. Vice Chair Russell: There's also PH.4 has some time sensitivity. There's here -- one of the representatives would like to hear that one out of order as early as possible because they have to leave. So that -- so which one is that, Commissioner? Commissioner Reyes: FR.5. Commissioner Diaz de la Portilla: FR.5. Vice Chair Russell: FR.5. Commissioner Diaz de la Portilla: Ruben Dario Park. Vice Chair Russell: There's a motion by Commissioner -- Commissioner Reyes: Reyes. City of Miami Page 135 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Diaz de la Portilla: I'll second that. Vice Chair Russell: -- Carollo on FR.5, seconded by Commissioner Diaz de la Portilla. Is there anyone here from the public that would like to speak on Ruben Dario Park? Seeing none I'll close public -- Tin sorry, were you getting up, sir? Commissioner Watson: We have someone. Commissioner Diaz de la Portilla: He's a lot better known than Morazan right? Or is he equally known? Commissioner Carollo: Morazan was a General. He is a poet. Commissioner Diaz de la Portilla: He's a poet. Milton Gonzalez: Yes, my name is Milton Gonzalez, I've lived in Miami since 1989, and we are about 40,000 strong in Miami and about 120,000 strong in Miami -Dade County. The Nicaraguan community is the second largest after the Cuban community. And my son is a veteran, and we always say that when you move into a new house you don't have that feel of a home until you hang the American flag outside. And naming Ruben Dario Park in the city of Miami will give our community, after 30 years that I've been here, some of us has been here more than 40 years, will give our community that sense of belonging. Finally we will be hanging our flag in what we call home. Thank you very much. Vice Chair Russell: Thank you for your comments. Is there any further public comment? Commissioner Diaz de la Portilla: Mr. Chair, I want to commend Commissioner Carollo for bringing this up. This is a very important part of our community. The Nicaraguan community is great contributors. You are home and you have a lot of your members in my district and Commissioner Carollo's District and throughout the city of Miami, throughout Dade County. A lot of them live in the Allapattah area. In fact, my best friend is Nicaraguan, so I mean I think it's time that you have your park and you be recognized. And so congratulations to you and I want to commend Commissioner Carollo for bringing this forward. Commissioner Carollo: Thank you. Vice Chair Russell: Commissioner Reyes, you're recognized. Commissioner Reyes: Yes, I agree with Commissioner Diaz de la Portilla a hundred percent. I really commend Commissioner Carollo. And I want to also point out that even during the Cuban fight for independence Jose Marti and Ruben Dario, they had a very, close relationship, very close relationship in which each one of them advised the other. And there is a phrase from Ruben Dario when he learned that Marti was shot in Dos Rios, he said, (FOREIGN LANGUAGE), like, Professor, what have you done, when he was shot in battle, and he was killed. And I never forget that. And we Cubans, we always respect that a lot. We have a great respect for Ruben Dario which was an excellent poet and writer. City of Miami Page 136 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Mr Gonzalez: Yeah, the Cuban -- the Cuban people and the Nicaraguan people have always been interconnected. Commissioner Reyes: Yes. Mr Gonzalez: And also provided support -- Commissioner Reyes: Absolutely. Mr Gonzalez: --for Bay of Pigs, from our army back in the day. And I know fiends like Roberto (UNINTELLIGIBLE), Captain of the all the Air Force that was ready. And my dad, my own dad, was a sergeant in the Air Force and he was ready during the Bay of Pigs. Commissioner Reyes: And even after the fiasco of Bay of Pigs, the betrayal, that's what I call it, the betrayal of Bay of Pigs, Nicaragua, the government provided bases for training for Cubans that wanted to go and fight. Mr Gonzalez: Yes. And we also --1 would like to take the opportunity, and this will be my final statement, to ask for the declaration for the FSLN (Frente Sandinista de Liberation Nacional) to be declared a tourism organization. There are many members of this organization are living right now in Miami -Dade County and the city of Miami itself and in South Florida and it's imperative that they are pointed out in the community and that they are -- that they are, you know, the proper authorities -- know that these people that are paramilitary in our country, they go there and they kill civilians and then they come here. But we don't have a law to determine, to -- to denounce them as terrorists. So the City of Doral, they already passed a resolution, and we would appreciate also if the City of Miami passed the resolution declaring the FSLN a terrorist organization. Commissioner Carollo: We will get a copy of that from Mayor Bermudez and bring it up at our next meeting. Thank you. Vice Chair Russell: Thank you very much. Mr Gonzalez: Thank you. Vice Chair Russell: Is there any further public comment on this item? Good morning. Karla Ordenana: Good morning. Good morning, sirs. Thank you for the opportunity that -- for Ruben Dario Park. Thank you, Commissioner Joe Carollo. Since the -- we start the first meeting back in March talking about this park we really feel appreciated as a Nicaraguan community. My name is Karla Ordenana. I left my country 40 years ago for the same reasons that our people is facing right now Talking about the relationship that you mentioned, sir, Commissioner Manolo Reyes, about the relationship between Ruben Dario and Jose Marti, they met in New York, (FOREIGN LANGUAGE). City of Miami Page 137 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Victoria Mendez (City Attorney): (FOREIGN LANGUAGE). If you can say it in English or we will get you the translator: Ms. Ordenana: Ah, okay, I'm sorry. Vice Chair Russell: Just for Commissioner Watson's sake, please. Commissioner Reyes: Commissioner, translate. Commissioner Watson: I'm glad. I'm glad he was able to point that out. I'm doing pretty good, thank you, sir Keep going how you're going, you'll be all right. Vice Chair Russell: I'm messing with you. His Spanish is better than mine. Commissioner Carollo: By the way, Commissioner Watson's Spanglish is better than yours. Because he is married to a very proud Puerto Rican. Commissioner Diaz de la Portilla: Puerto Rican. Commissioner Carollo: That's right. Ms. Ordenana: I'm sorry, I'm sorry. I'm sorry. Commissioner Reyes: (UNINTELLIGIBLE). Ms. Ordenana: I'm talking -- Commissioner Diaz de la Portilla: He understands all the key words that he has to understand in Spanglish and we're good to go with that. Vice Chair Russell: Sony. Please continue. Ms. Ordenana: I'm talking about Ruben Dario and one of his poems, (FOREIGN LANGUAGE). He talks about our Nicaraguan people as strong people. We are a strong people. And because of this feeling, we here express ourself. And, you know; looking for liberty for our people in Nicaragua. As the same as my -- Milton Rodriguez, we ask for help for Nicaragua. Parks are very important for our community. Thank you for that. Thank you, Commissioner Joe Carollo, thank you to all of you. Thank you very much. Vice Chair Russell: Thank you for your comments. Is there any further public comment on this item? (FOREIGN LANGUAGE). Aida Carrion-Vanegas: (FOREIGN LANGUAGE). Vice Chair Russell: Translator, please. Commissioner Diaz de la Portilla: Ma'am, ma'am, take the microphone here. Thanks. Vice Chair Russell: (FOREIGN LANGUAGE). City of Miami Page 138 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Ms. Carrion-Vanegas: (FOREIGN LANGUAGE). (Comments translated by Mariana Campos, official Spanish Interpreter.): Good morning. My name is Aida Carrion- Vanegas. I arrived here in January 1987 at 18 years old. Fin married to an Army veteran of the United States. And he served for 25 years, and he continues to serve at the VA (Veteran Affairs). We arrived here as the Nicaraguan population, 40 years ago, and they started selling vegetables at the Bobby Maduro market. From that vegetables sales, we got five different businesses from Nicaragua. A Nicaragua nightclub, Nicaragua restaurant, Nicaragua Bakery 1, Bakery 2, and Bakery 3. We, as Nicaraguan people, are a very strong force in the community of Miami. We've been here and the population that we have here now is 40,000 people in the city of Miami and 120,000 in Miami -Dade County. We are the second population after -- the second biggest population after the Cuban community. We will enjoy the park of Ruben Dario Park that you have given to us, the Nicaraguan community. Vice Chair Russell: Thank you. Ms. Carrion-Vanegas (as translated by Mariana Campos, official Spanish Interpreter): We also want to bring to your attention, and we ask the Mayor, Francis Suarez, and Commissioner Joe Carollo that you declare the Sandinista organization as terrorist. They are attacking, they've been killing all the exiled people in Costa Rica, they've been murdering them. This is about national security because we are activists in our community, and this is a social crisis within our community. Thank you very much. Nee Chair Russell: Thank you very much. Is there anyone else here who would like to speak on this item? Good morning. Irlanda Jerez: (FOREIGN LANGUAGE). (Comments as translated by Mariana Campos, official Spanish Interpreter): Good morning. I need a translator here, thank you. My name is Irlanda Jerez, I'm Nicaraguan, ex political prisoner of the Trujillo dictatorship. I was in prison for 329 days. I also own a business, they confiscated my business and more than thousands of dollars -- millions of dollars, and they confiscated things to my family and myself. And I am exiled here now in the closest Latin city in the United States. As a human rights activist and a leader of the opposition, I've traveled in a lot of places in Latin America. I've also requested to many organizations while I was in jail to fight against the dictatorship and I am addressing to you, Commissioners and Mayor to support us to this Nicaraguan community against this regime. First of all, we are addressing this as an illegitimate organization of the Ortega-Murillo regime, and we've initiated action with the American -- Commissioner Diaz de la Portilla: International organizations. Mariana Campos: No, in English it's -- sorry. Ms. Jerez: Okay. Commissioner Diaz de la Portilla: If you slow down a little bit she can translate better. City of Miami Page 139 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Ms. Jerez: Okay, okay. Ms. Jerez (as translated by Mariana Campos, official Spanish Interpreter): With the American States Organization and the international community about this illegal organization -- this illegal regime. While I was in prison I wrote down this document in 2008 -- 2018, and I presented it to the embassy of the U.S (United States). This was a report fully documented and supported by a lot of Nicaraguan people. The FSLN should be identified as a terrorist organization. So for this we ask you for your full support. We also denounce all the big violations that our people suffer massive migration. Because of this situation we hope that a lot of more people will come here. We're not going to be more than the Cubans, but we're almost tied. I'm asking on behalf of all the Nicaraguan people that live here, that thousands of millions of them have connections to citizens of this country, for our brothers who are political prisoners, for all of us who are dispersed in the world, that you intervene not only by speaking but also in action in favor of the Nicaraguan people. I'm thanking Commissioner Carollo, Reyes, Diaz de la Portilla -- Commissioner Diaz de la Portilla: You got lost in translation there. Ms. Campos: Sorry. Ms. Jerez (as translated by Mariana Campos, official Spanish Interpreter): -- and of course the Mayor who is not here. I am thankful for your support and in support of the liberty of our people of Nicaragua. Thank you very much. God bless you. Nee Chair Russell: (FOREIGN LANGUAGE). Next public comment, please. Luis Gallano (as translated by Mariana Campos, official Spanish Interpreter.): Good morning. Thank you for this space that you're giving to us Nicaraguan people. Thank you for the Mayor Francis Suarez, who is not here but you are all representing him, Commissioner Carollo. Every one of you has taken valuable actions in support of our community of the Nicaraguan community and our development. I'm Italian but I'm also Nicaraguan and I was -- I got exiled on December 21, 2018. And I'm a political - - I was political -- politically pursued and -- by the regime of Daniel Ortega-Murillo. And when I come here -- I'm sorry. And when I come here and I hear about this park that they're going to name after our poet, universal poet, Ruben Dario, I feel fully grateful. Because the poet used to say that if you have small country you dream of it big, and this is a country where you can make your dreams come true. And also dream of your country. This is our acknowledgment for all the community that has been here for 40, 50 years, and because -- and more that are corning because they are running away from the --from that regime. I'm asking you; I want to take the opportunity to ask this question, what is the difference between ISIS (Islamic State of Iraq and Syria), the Islamic State, Hezbollah, or other organizations and this regime that exists in Nicaragua, that murders, tortures, kills? I don't think there's that many difference between the two. They kill people, they burn people in houses, and they just want to extinguish anyone who doesn't think like them. And I appreciate your position for -- in order to support us against this regime that is effecting our liberties. And I want to take this opportunity to address the political prisoners and freedom for them, justice City of Miami Page 140 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 for the victims, and to categorize the Ortega regime as illegitimate. That all they want to do, another election, just to stay five more years in power. Thank you very much. Vice Chair Russell: (FOREIGN LANGUAGE). Thankyou. Shall we close public comment at this point? Is there anyone else left to speak on this item? Thank you. Madam City Attorney, could you read the ordinance into the record, please, FR.5. Ms. Mendez: Thankyou, Chair The Ordinance was read by title into the public record by the City Attorney. Commissioner Carollo: Before we vote, Mr Chair, I'll be very quick, I just want to say a few words. The Nicaraguan community has come in bulk. There were always Nicaraguans here, like people from all Latin America, but few. Because it's obvious that everyone prefers to live when they can in their own native country, but in 1979 Nicaraguans started coming en-masse to Miami because they, like the Cubans before them, 20 years before, wanted to live in freedom and not under communism. And for the last 40 years that we have had a very large Nicaraguan community in Miami, and by the way, the Nicaraguan community in the city of Miami is the largest of any other city in Florida. And the largest lion's share of that community in the city of Miami lives in Little Havana. Many in that northern part of Little Havana, where we're naming this park, Ruben Dario. And then right across into Allapattah in Commissioner Diaz de la Portilla's District. But throughout the 40 years that the Nicaraguans have been here en-masse, the Nicaraguan community has been part of a foundation of the new Miami that we have all built. They have been a community that is very family -oriented, extremely hard working, and have contributed greatly in all aspects of our lives to the city of Miami and to greater Miami -Dade County. It is only fitting and appropriate in the city of Miami we also have a park named after one of the greats of Nicaragua. Ruben Dario was not only a poet, born, raised in Nicaragua, but he was also an international poet that belonged to the rest of Latin America and the rest of our hemisphere and beyond. This park is going to be a beautiful park. It's going to have everything that the community wants and requires. It will be fitting that this will be a park in particular that will be for the children of Little Havana, the Nicaraguan children, other Central American children, children of all races, creeds, nationalities, colors, that will be able to use a beautiful, brand new park. And it will also be a gathering place for the community there where many of the people that live in the neighborhood that live in apartments, they live in apartments that are -- many have absentee landowners, many investors that own properties, and they don't have places where they could have even a barbeque. This park will make sure that we'll have locations where families can celebrate the birthday and important days in the lives of their children, their families. Because we'll have different kiosks that they can go to. They'll have places that they can have their barbeque, their (FOREIGN LANGUAGE), and gathering places, besides, fields to play soccer and many other sports. And of course playgrounds for the children. So we're extremely grateful for the contribution that the Nicaraguan community has made to the city of Miami and greater Miami in these last 40 years. Thank you. Pee Chair Russell: Thank you. All in favor of the item say "aye." The Commission (Collectively): Aye. City of Miami Page 141 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: Any opposed? Motion passes. Thank you very much. Commissioner Carollo: Can we get a quick picture with all the people that have come here, Chair? Vice Chair Russell: Yes, of course. Ifthose would like -- Commissioner Carollo: (FOREIGN LANGUAGE). Vice Chair Russell: -- to join us on the dais briefly. We'll move the chairs really quick so we can get the picture. And then I'd like to take up PH.4 if that's all right. Commissioner Carollo: (FOREIGN LANGUAGE). (COMMENTS MADE OFF THE RECORD) V ce Chair Russell: Thank you, everyone. Are there representatives here for items PH.4? Before we complete the Order of the Day, I had received a request -- Commissioner Diaz de la Portilla: Mr Chair? Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: I think there's a representative from the Nicaraguan community that failed to say something. He just asked me if he could have a few minutes. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: (FOREIGN LANGUAGE). Enzio Boffelli: (FOREIGN LANGUAGE) yes, yes. Commissioner Diaz de la Portilla: Your indulgence, Mr Chair? Vice Chair Russell: Of course. Commissioner Diaz de la Portilla: Thank you. Commissioner Carollo: Chair I've got to do a Zoom call real quick. I'll be right back. (COMMENTS MADE OFF THE RECORD) Vice Chair Russell: We're going to do the Order of the Day and then public comments. Commissioner Diaz de la Portilla: There's just one gentleman that wanted to say something about -- Vice Chair Russell: (FOREIGN LANGUAGE). City of Miami Page 142 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Diaz de la Portilla: -- for a few minutes. Mr Boffelli (Comments made in Spanish as translated by Mariana Campos, official Spanish Interpreter.): Good morning, my name is Enzio Boffelli. I came here in 1982. I've never gone to Nicaragua. The people who hate us most are the people who kept our properties, our money. Not only they live here in Miami with certain impunity, and a lot of the Sandinista's businesses, 70 percent of what Nicaragua produces, Miami -- the people in Miami buy it or in the United States, they buy it. I would like to know f it's possible to have a law like the Helms -Burton Law that they can do like a boycott like they do to Cuba, a sort of boycott. Commissioner Carollo: (FOREIGN LANGUAGE) -- we will contact our Congresswoman so that she can formulate something and present it before Congress. Commissioner Diaz de la Portilla: We could also do a resolution. Mr Boffelli (Comments made in Spanish as translated by Mariana Campos, official Spanish Interpreter.): Thank you, Commissioner Carollo. Have a good day. Commissioner Carollo: We'll do a resolution from our part. Commissioner Diaz de la Portilla: Right. Commissioner Carollo: But where the law takes effect is in Washington. Mr Boffelli (Comments made in Spanish as translated by Mariana Campos, official Spanish Interpreter): Incredible. (FOREIGN LANGUAGE). Commissioner Carollo: Don't even be surprised. We even have the people that do all the sound, the TVs (televisions), the LCDs (Liquid crustal displays) for all the concerts in Cuba and all the activities that the government have, they're here in Miami doing it, recently. Go on to the Internet and see who PMM is. Mr Boffelli: Wow. Commissioner Carollo: They're here. Vice Chair Russell: Thank you. Mr Boffelli (Comments made in Spanish as translated by Mariana Campos, official Spanish Interpreter.): I would love to participate in that legal project Ibr Nicaragua. Thank you. Vice Chair Russell: Thank you very much. Before we complete the Order of the Day, I'd like representatives for PH.4 to come up, please. There's been a request I received by email for deferral of PH4 once again. So, I'd like to see -- Commissioner Watson: Mr Chair? City of Miami Page 143 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: -- why we could or shouldn't take that up. Yes? Commissioner Watson: Let me just ask you, are you getting ready to do Order of the Day? Vice Chair Russell: We haven't done Order of the Day yet. Commissioner Watson: Are we still on public comments? Vice Chair Russell: No, we haven't even started public comment yet. Commissioner Diaz de la Portilla: But can we vote on the deferrals and then we'll take it -- Vice Chair Russell: Well this one will either be part of that deferrals or not is the point. Commissioner Diaz de la Portilla: Oh, okay. END OF FIRST READING ORDINANCES City of Miami Page 144 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 9492 Department of Finance A DISCUSSION REGARDING UNREIMBURSED GRANT EXPENDITURES FOR QUARTER ENDING JUNE 30, 2021. RESULT: DISCUSSED Pee Chair Russell: Discussion item unreimbursed grant expenses, DI.1. Commissioner Reyes: DI.1. Vice Chair Russell: And then for those who are here for the budget hearing, we just have to finish a few planning zoning items, and we will be done with our day's agenda. Erica Paschal (Director Finance): Good evening, Commissioners, Erica Paschal with the City of Miami Finance Department. DI.1 is a quarterly report of any expenses deemed non -reimbursable as required by the City s financial integrity principles. For the quarter ending June 30th, 2021, a total of $1,916.82 was disallowed under the County GOB (General Obligation Bond) Grant after being deemed ineligible. As a result, those expenditures were transferred to another funding source and did not require any contribution from the general fund. Are there any questions? Nee Chair Russell.: Are there any questions on DI.1? Thank you very much. Ms. Paschal: Thankvou. DI.2 DISCUSSION ITEM 9171 Commissioners and Mayor A DISCUSSION REGARDING THE RECONSIDERATION OF THE MOTORIZED SCOOTER PROGRAM. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Reyes, Watson ABSENT: Carollo Note for the Record: For minutes referencing Item Number DL2, please see "Order of the Day." City of Miami Page 145 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 DI.3 DISCUSSION ITEM 10699 A DISCUSSION REGARDING DRUG OVERDOSES IN THE CITY OF City Manager's MIAMI. Office RESULT: DISCUSSED Note for the Record: For minutes referencing Item Number DL3, please see Item Number NA.4. END OF DISCUSSION ITEMS City, of Miami Page 146 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 PZ.1 8999 Department of Planning PART B: PZ - PLANNING AND ZONING ITEM(S) ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL" OF THE 0.33± ACRES OF REAL PROPERTY APPROXIMATELY LOCATED AT 7421 NORTHWEST MIAMI PLACE, MIAMI, FLORIDA, AND FROM "LIGHT INDUSTRIAL" TO "GENERAL COMMERCIAL" OF THE 3.21± ACRES OF REAL PROPERTIES AT 60 AND 70 NORTHWEST 73 STREET; 7320, 7324, 7328, 7338, 7400, AND 7406 NORTHWEST MIAMI COURT; AND 7301, 7395, AND 7401 NORTHWEST MIAMI PLACE, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Jeffrey Watson, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Vice Chair Russell:: Barnaby, would you mind reading PZ.1, 2, 8, 9, 10, and 12 into the record, please. This is your moment gentlemen, to take a breather if you need. Commissioner Reyes: Absolutely. Vice Chair Russell: Although he reads very quickly, so don't be long. Commissioner Reyes: That's right. Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. PZ.1. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr. Min: PZ.2. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr Min: PZ.8. The Ordinance was read by title into the public record by the Deputy City Attorney. City of Miami Page 147 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Mr. Min: PZ.9. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr Min: PZ.10. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr Min: Finally, PZ.12. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr Min: Thank you, Mr Chairman. Vice Chair Russell: That includes PZ.1, 2, 8, 9, 10, and 12. Is that correct? Mr Min: Yes, sir. Vice Chair Russell: Thank you. [Later Vice Chair Russell: Is there a motion on PZ.1 and 2? Commissioner Reyes: I move it. Jose Felix Diaz: Mr Chair, there are some amended covenants that need -- Vice Chair Russell: Yes. I believe there's a covenant needed for PZ.1 and a covenant needed for PZ.8. So on PZ.1 -- Mr Diaz: It's PZ.2, PZ.9, PZ.12. Commissioner Watson: Yes. Mr Diaz: PZ.2, PZ9, PZ.12. Vice Chair Russell: Thank you. Commissioner Reyes: There are covenants for them. Okay. Vice Chair Russell: All right. So is there a motion on PZ.1 and 2? Commissioner Watson: So moved. Commissioner Reyes: Second. Vice Chair Russell: Moved by Commissioner Watson, seconded by Commissioner Reyes. Does this covenant need to be read into the record? City of Miami Page 148 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Watson: Yes. Vice Chair Russell: Go ahead. Who is proffering? Mr Diaz: We're proffering the covenant and it's being passed out right now. Vice Chair Russell: What's the basic substance of it? Mr Diaz: We're limiting the height of the building to that which is allowed currently under DI (District 1) so that it can't go higher than ten stories, which is what we had agreed to, or what we had submitted. Commissioner Watson: That's what you submitted. Is that what -- Mr Diaz: Yeah, yeah. Commissioner Watson: Planning Director; you agreed to, right? Cesar Garcia -Pons (Director; Planning): Yes, sir eight by right, two by bonus. Commissioner Reyes: Okay. Vice Chair Russell: Got it. And we have approvals recommended by both the department and the PZAB (Planning, Zoning, and Appeals Board) on this item, yes? Commissioner Reyes: Yes. Vice Chair Russell: All right. Is there any further discussion from the Commission? Commissioner Reyes: No. Vice Chair Russell: Hearing none, all in favor say, "aye." The Commission (Collectively): Ave. Vice Chair Russell: Any opposed? Todd B. Hannon (City Clerk): For the record, PZ.2 will be as amended. Vice Chair Russell: As amended, yes, thank you. Commissioner Reyes: That right. City of Miami Page 149 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 PZ.2 ORDINANCE Second Reading 9000 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T5-R, "URBAN CENTER ZONE - RESTRICTED", TO T6-8-O, "URBAN CORE -OPEN", FOR THE PARCEL GENERALLY LOCATED AT 7421 NORTHWEST MIAMI PLACE; AND FROM D1, "WORK PLACE DISTRICT", TO T6-8-O, "URBAN CORE -OPEN", FOR THE PROPERTIES GENERALLY LOCATED AT 60 AND 70 NORTHWEST 73 STREET; 7320, 7324, 7328, 7338, 7400, AND 7406 NORTHWEST MIAMI COURT; AND 7301, 7395, AND 7401 NORTHWEST MIAMI PLACE, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14024 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Jeffrey Watson, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Note for the Record: For minutes referencing Item Number PZ.2, please see Item Number PZ.1. City of Miami Page 150 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 PZ.3 ORDINANCE First Reading 4541 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 1.38± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 428, 430, 448, AND 454 NORTHEAST 38 STREET AND 433, 441, AND 457 NORTHEAST 37 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Reyes, Watson ABSENT: Carollo Note for the Record: Item PZ.3 was deferred to the November 18, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.3, please see "Order of the Day." City of Miami Page 151 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 PZ.4 ORDINANCE First Reading 4545 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R," URBAN CENTER -RESTRICTED, TO "T6-8-O," URBAN CORE —OPEN, FOR APPROXIMATELY 1.389 ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 428, 430, 448, AND 454 NORTHEAST 38 STREET AND 433, 441, AND 457 NORTHEAST 37 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; APPROVING AND ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Reyes, Watson ABSENT: Carollo Note for the Record: Item PZ.4 was deferred to the November 18, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.4, please see "Order of the Day." City of Miami Page 152 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 PZ.5 5310 Commissioners and Mayor - PZ ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21"); MORE SPECIFICALLY, BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS," TO MODIFY THE DEFINITIONS OF ATTAINABLE MIXED -INCOME HOUSING AND WORKFORCE HOUSING; BY AMENDING ARTICLE 3, SECTION 3.15, TITLED "AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO ADD NEW INCENTIVES INCLUDING A FLOOR LOT RATIO ("FLR") BONUS AND NEW MINIMUM UNIT SIZES FOR THE DEVELOPMENT OF PROJECTS, PROVIDING HOUSING FOR MIXED -INCOME POPULATIONS AT OR BELOW ONE HUNDRED FORTY PERCENT (140%) OF AREA MEDIAN INCOME AS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND TO PERMIT AFFORDABLE AND ATTAINABLE MIXED -INCOME DEVELOPMENTS ABUTTING A T3, "SUB -URBAN ZONE," TRANSECT ZONE BY PROCESS OF EXCEPTION WITH CITY COMMISSION APPROVAL; CLARIFYING LANGUAGE WITHIN MIAMI 21; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Reyes, Watson ABSENT: Carollo Note for the Record: Item PZ.5 was deferred to the October 14, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.5, please see "Order of the Day" and "Public Comments for all Item(s)." City of Miami Page 153 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 PZ.6 RESOLUTION 6981 MAY BE WITHDRAWN BY THE APPELLANT Department of A RESOLUTION OF THE MIAMI CITY COMMISSION Planning GRANTING/DENYING THE APPEAL FILED BY THE CONVENT OF THE SACRED HEART OF MIAMI, INC. AND REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL PURSUANT TO CHAPTER 17, ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF APPROVAL FOR DEVELOPMENTAL IMPACT TO SIGNIFICANT ENVIRONMENTAL FEATURES ON A PROPERTY LOCATED AT APPROXIMATELY 2167 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, WITHIN THE ENVIRONMENTAL PRESERVATION DISTRICT— 60 AND THE SOUTH BAYSHORE DRIVE SCENIC TRANSPORTATION CORRIDOR. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Reyes, Watson ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.6, please see "Order ofthe Day." City of Miami Page 154 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 PZ.7 RESOLUTION 6982 MAY BE WITHDRAWN BY THE APPELLANT Department of A RESOLUTION OF THE MIAMI CITY COMMISSION Planning GRANTING/DENYING THE APPEAL FILED BY THE CONVENT OF THE SACRED HEART OF MIAMI, INC. ("APPELLANT") AND REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL, PURSUANT TO SECTION 23-6.2(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPELLANT'S APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE DEMOLITION, RESTORATION, ALTERATION, AND NEW CONSTRUCTION OF A PROPERTY LOCATED AT APPROXIMATELY 2167 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, A LOCALLY DESIGNATED HISTORIC SITE KNOWN AS VILLA WOODBINE WITH FOLIO NUMBER 01-4115-010- 0111. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Reyes, Watson ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.7, please see "Order of the Day." City of Miami Page 155 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 PZ.8 9109 Department of Planning ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE 0.15 ± ACRES DESCRIBED HEREIN OF REAL PROPERTY LOCATED APPROXIMATELY AT 3231 SOUTHWEST 23 TERRACE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14025 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Note for the Record: For minutes referencing Item Number PZ.8, please see Item Number PZ.1. Nee Chair Russell: PZ.8 and 9, if I'm not mistaken, Commissioner Reyes, is that your district? Commissioner Reyes: PZ.8 and 9? Cesar Garcia -Pons (Director Planning): Yes, sir These are the items on 32nd Avenue. Commissioner Reyes: Yes. Ines Marrero: Thank you. Very quickly. Good evening, Mr. Chairman, members of the Commission. Ines Marrero, offices at 701 Brickell Avenue. We were -- there is a slight modification. This is the covenant that we discussed in connection with the Zen garden. The purpose of the rezoning of this one property is to provide a Zen garden for the -- the assisted living facility next door. So the -- the modification to the covenant is to include the restriction of use that the property will only be used for those uses permitted in the T3-0 zoning as greenspace, a Zen garden, recreational area, or open space serving other abutting properties with a zoning classification of T4, T5, and T6, or their successor equivalent, which was a commentfrom the City Attorney's Office when they reviewed it. Commissioner Reyes: The covenant has been accepted, right? Mr Garcia -Pons: Yes, sir City of Miami Page 156 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Reyes: So 1 move it. Vice Chair Russell: Moved by Commissioner Reyes. Is there a second on PZ.8 and 9? Commissioner Watson: Second. Vice Chair Russell: Seconded by Commissioner Watson. Is there any further discussion? Commissioner Reyes: No. Vice Chair Russell: You're good. All in favor say, "aye." The Commission (Collectively): Aye. Nee Chair Russell: Any opposed? Ms. Marrero: Thank you. Vice Chair Russell: Motion passes. Todd B. Hannon (City Clerk): And for the record, PZ.9 will be as amended. Pee Chair Russell: Thank you, sir City of Miami Page 157 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 PZ.9 ORDINANCE Second Reading 9110 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T3-O, "SUB -URBAN TRANSECT ZONE — OPEN," TO T4-L, "GENERAL URBAN TRANSECT ZONE —LIMITED," FOR THE 0.15 ± ACRES OF REAL PROPERTY LOCATED APPROXIMATELY AT 3231 SOUTHWEST 23 TERRACE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14026 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Note for the Record: For minutes referencing Item Number PZ.9, please see Item Number PZ.1 and Item Number PZ.8. PZ.10 ORDINANCE Second Reading 9382 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY AMENDING ARTICLE 3, SECTION 3.9, TITLED "SPECIAL AREA PLANS" TO AMEND THE DEFINITION OF THE TERM "ABUTTING" AS IT RELATES TO SPECIAL AREA PLANS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14027 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number PZ.10, please see "Public Comments for allltem(s)" and Item Number PZ.1. Vice Chair Russell: PZ.10, zoning text regarding abutting SAPs (Special Area Plan). There was a request or an amendment from Ms. Kasdin, a request from Mr. Savage to not amend. Does the Planning Department have an opinion on that recommendation? City of Miami Page 158 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Cesar Garcia -Pons (Director Planning): The planning department -- it could be acceptable either way. We defer to the City Attorney's Office, and they say it's not necessary. Vice Chair Russell: It's not necessary, it basically restating the law Is that correct? Barnaby Min (Deputy City Attorney): Correct. The law as it's currently proposed is not retroactive, so 1 don't think there's any need to clarify that. Frankly, 1 think what is being proposed perhaps goes against the original intent of the sponsor as far as brining this ordinance (UNINTELLIGIBLE) -- Vice Chair Russell: Here help me out here. So the proposed amendment could go against the intention of the ordinance itself? Mr Min: I would suggest that as a possibility, I don 't want to speak for the sponsor, but 1 believe the sponsor brought this up because a couple months ago if the Commission recalls, the design district expanded the special area plan across the FEC (Florida East Coast) corridor So 1 believe what the requester is -- the requester with the amendment is trying to do is say that there can continue to be future expansions across the FEC corridor which I believe the sponsor Commissioner Watson, does not want that occur which is why he brought this legislation to begin with. Vice Chair Russell: Okay. Who is the sponsor on this item? Was it Commissioner Watson? Commissioner Watson: Uh-huh. Vice Chair Russell: So if -- what the amendment recommends basically says if you've already got it, you've already got it and whatever changes we have moving forward don't change what you've already got. if you have a vested right, by law you would anyway. Commissioner Watson: Right. Vice Chair Russell: Are you open to accepting that recommended amendment that -- Commissioner Watson: No. Vice Chair Russell: Got it. So you like -- your ordinance as is? Commissioner Watson: Yes. Vice Chair Russell: All right. So is there a motion on PZ.10? Commissioner Reyes: I move it. Commissioner Carollo: Second. City of Miami Page 159 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: Moved by Commissioner Reyes. Commissioner Watson: Second. Vice Chair Russell: Seconded by Commissioner Watson, and no amendments added. All in favor of the item say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed. Motion passes on PZ.10. PZ.11 ORDINANCE 10665 Commissioners and Mayor - PZ First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 3, SECTION 3.6.9, TITLED "GENERAL TO ZONES/OFF-STREET LOADING REQUIREMENTS", AND ARTICLE 4, TABLE 4, TITLED "STANDARDS AND TABLES/DENSITY, INTENSITY AND PARKING (T6)", TO PROVIDE FOR OFF -SITE LOADING WITHIN AN ESTABLISHED DOWNTOWN FLAGLER PARKING DISTRICT AREA BY PROCESS OF WAIVER IN CERTAIN T6 TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Nee Chair Russell.: Madam City Attorney, would you read PZ.11 ? I believe that's a companion item. If you can read that into the record. The Ordinance was read by title into the public record by the City Attorney. [Later...] Vice Chair Russell: PZ.11 is there a motion? Commissioner Diaz de la Portilla: So moved. Commissioner Reyes: PZ.11. Commissioner Watson: Second. Vice Chair Russell: Moved by Commissioner Diaz de la Portilla -- Commissioner Carollo: PZ? Commissioner Reyes: PZ.11. City of Miami Page 160 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: It's the companion item. The same -- Commissioner Carollo: Can we vote upon this if we're not -- or we are in PZ (Planning and Zoning) now, right? Vice Chair Russell: Yes, all day. We've changed that. Commissioner Carollo: All right. Vice Chair Russell: Seconded by Commissioner Watson. All in favor say, "aye?" The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on PZ.II. PZ.12 ORDINANCE Second Reading 9104 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T4-L, "GENERAL URBAN ZONE —LIMITED," TO T5-O, "URBAN CENTER ZONE -OPEN," OF THE PROPERTY LOCATED AT APPROXIMATELY 2000 NORTHWEST 3 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14029 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PZ.12, please see Item Number PZ.1. Vice Chair Russell: And the final item, PZ.12 is a rezoning 2000 Northwest 3rd Avenue. Is there a motion on PZ.12? Commissioner Reyes: Move it. Commissioner Watson: So moved. Vice Chair Russell: Moved by Commissioner Reyes, seconded by Commissioner Watson. Commissioner Watson: Second. City of Miami Page 161 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Vice Chair Russell: Was there an amendment on this one, Mr. Clerk? Commissioner Watson: There's a covenant. Vice Chair Russell: There's a covenant. Commissioner Reyes: Covenant. Cesar Garcia -Pons (Director, Planning): There's an amended covenant. Commissioner Carollo: Is this the one that was just handed out, Counselor? Jose Felix Diaz: That was PZ.1 and PZ.2. Commissioner Carollo: Okay. Mr Dias: This is PZ.12. Vice Chair Russell: What's the substance of this amended covenant? Mr Diaz: This limits the benefit units to at least 40 percent restricted to households with incomes at or below 60 percent of the area median income. Vice Chair Russell: Got it. Do we have a motion and a second? Commissioner Reyes: Yes. Vice Chair Russell: All right. Is there any further discussion? All in favor of PZ.12 say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on PZ.12. If I'm not mistaken, Mr. Clerk, that is -- Todd B. Hannon (City Clerk): As amended. Vice Chair Russell: As amended. That is the end of our regular agenda. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 162 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 FL - FUTURE LEGISLATION FL.1 ORDINANCE 9429 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY FURTHER AMENDING ARTICLE 1, TITLED "DEFINITIONS," AND ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS," TO PROHIBIT GAMBLING FACILITIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item Number FL.1, please see "Order of the Day." END OF FUTURE LEGISLATION City of Miami Page 163 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 NA.1 10802 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING PRESIDENT JOSEPH R. BIDEN AND HIS ADMINISTRATION TO HALT DEPORTATION FLIGHTS TO HAITI AND TO OFFER A FAIR AND HUMANE IMMIGRATION PROCESS BY SUPPLYING FOOD, TENTS, AND APPROPRIATE SANITATION FACILITIES TO PRESERVE THE HUMAN DIGNITY AND HEALTH OF HAITIAN IMMIGRANTS AWAITING PROCESSING AND THAT THEY BE AFFORDED A REASONABLE OPPORTUNITY TO BE HEARD TO DETERMINE IF THEY ARE ENTITLED TO THE PROTECTIONS OF THE UNITED STATES; CONDEMNING ANY ABUSIVE TREATMENT TO HAITIAN IMMIGRANTS AT THE TEXAS BORDER; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. ENACTMENT NUMBER: R-21-0394 MOTION TO: Adopt RESULT: ADOPTED MOVER: Jeffrey Watson, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Reyes, Watson ABSENT: Carollo Note for the Record: For additional minutes referencing Item Number NA.1, please see "Order of the Day." Vice Chair Russell: Let's look at our pocket items, please. PL 1 is a resolution regarding the Haitian issue. Is the Administration clear on what Commissioner Watson would like in that resolution by his description this morning? Mt: -- I guess the City Attorney's Office? Commissioner Diaz de la Portilla: PI.1. Vice Chair Russell: I believe it was urging the Biden Administration for humane treatment, respect of asylum laws, et cetera. Commissioner Diaz de la Portilla: I'll second it. Vice Chair Russell: Moved by Commissioner Watson, seconded by Commissioner Diaz de la Portilla. Is there anyone from the public that would like to speak on this item? Seeing none, I'll close public comment. All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Thank you, Commissioner Watson. City of Miami Page 164 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 NA.2 10803 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO DRAFT LEGISLATION TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW OPEN-AIR PERGOLAS AND TRELLIS OVER DRIVEWAYS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-21-0403 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Reyes, Watson ABSENT: Carollo Note for the Record: For additional minutes referencing Item Number NA.2, please see "Order of the Day." Vice Chair Russell: P1.2, Pocket Item 2, is directing the Manager to work with Planning Department, Code, on drafting an amendment regarding trellises in the front layer You can work on that for us? Cesar Garcia -Pons (Director Planning): Yes, sir with the help of Building as well. Vice Chair Russell: Building department as well, yes, please. Thank you. Commissioner Diaz de la Portilla: So moved. Vice Chair Russell: Moved by Commissioner Diaz de la Portilla, seconded by Commissioner Reyes. Is there anyone here who would like to speak on that in public comment? Seeing none, I'll close public comment. All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Motion passes on P12. City of Miami Page 165 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 NA.3 10804 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, SETTING THE LEGISLATIVE PRIORITIES FOR THE CITY OF MIAMI ("CITY") FOR THE 2022 LEGISLATIVE SESSION; URGING GOVERNOR RON DESANTIS AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE CITY'S LEGISLATIVE PRIORITIES; FURTHER URGING THE FLORIDA CONGRESSIONAL DELEGATION TO SUPPORT THE CITY'S LEGISLATIVE PRIORITIES DURING THE 118TH SESSIONS OF THE UNITED STATES CONGRESS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-21-0404 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Reyes, Watson ABSENT: Carollo Note for the Record: For additional minutes referencing Item Number NA.3, please see "Order of the Day." Vice Chair Russell: PI3 is a discussion on legislative priorities by the Administration. Donny Wolfe (Senior Advisor): Good afternoon, Commissioners. Commissioner Diaz de la Portilla: Can we leave him until the end of the meeting? Vice Chair Russell: We could. We're pretty close there, but yeah. Commissioner Diaz de la Portilla: And bring him back after -- no, I mean, after the budget. Vice Chair Russell: Oh. Technically. Commissioner Diaz de la Portilla: Can we do that? Vice Chair Russell: Mr. Clerk? If we -- I was going to try, to knock out this entire agenda because we're not that far Commissioner Diaz de la Portilla: I'm actually just messing with him. Go ahead. Commissioner Reyes: I just -- listen, listen -- Commissioner Diaz de la Portilla: It's a right of initiation. It's a right of initiation. Commissioner Reyes: Wait -- wait a minute. Commissioner Diaz de la Portilla: I had him for a four hour briefing yesterday. City of Miami Page 166 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: So the poor guy hasn't slept. Leave him alone. Commissioner Reyes: That's what I was going to say. Don't be cruel. Vice Chair Russell: You're recognized. Mr Wolfe: Thank you, Vice Chair. Donny Wolfe, senior advisor to the City Manager Good afternoon. Today discussion item is providing this board an update on the previous discussion item on our legislative priorities for the upcoming session. What's changed in this list which you all received, I had e-mailed copies from the Manager's Office, I have hard copies too, if you 'd like, is we 've added details to some of the appropriation items. We've also added focus points, such as specifics to the Federal Infrastructure Bill, as well as incentivizing the film industry. But the important thing is if we approve this list of priorities today, it does not prevent any of the Commissioners or the Mayor's Office from adding priorities to this list. What it does is it sets an agenda that we can then take to our contracted lobbyist so we can get to work up in Tallahassee and D.C. Commissioner Diaz de la Portilla: So I'll move it. Vice Chair Russell: Is there an item to be moved? There's no resolution, I believe. Commissioner Diaz de la Portilla: Right. This is a pocket item, no? Commissioner Reyes: No, no, no. Vice Chair Russell: Discussion item. Mr. Wolfe: Discussion item. Commissioner Reyes: (INAUDIBLE). Commissioner Diaz de la Portilla: I'm sorry. Okay, so -- Victoria Mendez (City Attorney): Well -- I'm sorry. I thought it was a pocket item -- Commissioner Diaz de la Portilla: Correct. Ms. Mendez: -- to be able to approve the legislative priorities for you to take to Tallahassee. Commissioner Diaz de la Portilla: Right. So I move it. Commissioner Reyes: Second. I second it. Commissioner Diaz de la Portilla: And we can add as we move forward -- City of Miami Page 167 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Mr. Wolfe: Absolutely and 1 encourage it. Commissioner Diaz de la Portilla: -- (UNINTELLIGIBLE) weeks in it? Okay. Mr Wolfe: Yeah. Commissioner Diaz de la Portilla: I'll move it. Vice Chair Russell: Moved by Commissioner Diaz de la Portilla, seconded by Commissioner Reyes. Question, who is our D.C. lobbyist? Commissioner Diaz de la Portilla: Kendrick Meek. Mr Wolfe: King and Spalding is the firm. Commissioner Diaz de la Portilla: It's Kendrick Meek. Mr Wolfe: Correct, which is made up of Congressman Meek. Vice Chair Russell: And then for State we have that entire pool, right? Mr Wolfe: We have a -- Commissioner Diaz de la Portilla: Yes, yes. Vice Chair Russell: Okay. Commissioner Diaz de la Portilla: I think four firms, right, for the State? Mr Wolfe: We may have more. The list -- total list is 11. Commissioner Diaz de la Portilla: I'm sorry. It was nine before that work last year. Okay, nine. Vice Chair Russell: It's easier to ask which lobbyists are not in the pool. Commissioner Diaz de la Portilla: Yes, well -- Vice Chair Russell: All in favor of the item -- go ahead. Commissioner Diaz de la Portilla: But we want to get as many as possible, right? I guess. Aye. Vice Chair Russell: All in favor say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Motion passes on PL3, resolution accepting our legislative priorities for the year. Thank you very much, Mr. Wolfe. City of Miami Page 168 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 NA.4 10805 City Commission DISCUSSION ITEM UPDATE REGARDING REQUESTED LEGISLATION AND PROGRAMMING ADDRESSING HOMELESSNESS AS DISCUSSED DURING THE MIAMI CITY COMMISSION MEETING ON SEPTEMBER 13, 2021. RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item Number NA.4, please see "Order of the Day." Vice Chair Russell: PI.4, homeless, by the Administration, discussion on homelessness. William Porro: William Porro, Director of Human Services. I want to present a concept, a proposal that I'd like for your consideration. If you can give me just a couple of seconds to set up the laptop, i f you don 't mind, for your indulgence. If you don't mind. Give me a moment. Vice Chair Russell: Mr Porro, this discussion item is in response to what? Which one of the ordinance that was passed earlier? Mr Porro: Having a designated area or proposing a designated area for homelessness. So -- Pee Chair Russell: Are you ready? Mr Porro: I'm ready. No, yes, sir. Vice Chair Russell: We're ready. Mr Porro: Oh, okay. Vice Chair Russell: It's a discussion item. Mr Porro: Just continue? I appreciate it, Commissioner. What I'd like to present again is a proposal, a design, a concept, at a 40,000 (UNINTELLIGIBLE), but I'd like to preface by saying we want to do two things by what I'm going to show you. Is improve the outcomes of the unsheltered homeless that are currently on our streets and provide them a more stable environment for them to improve their lives and hopefully ease their -- ease their pain and again like the slide says, transition with a bit more dignity to other services. I'll share with you the current situation. Currently right now, quote/unquote there's a stress of unbudgeted expenses towards cleanup. We've done hundreds and hundreds of cleanups that involves Solid Waste, Homeless Outreach, Miami PD (Police Department), the Heat, neighborhood -- on and on and on. There's obviously a negative perception. I get calls, everybody gets called each and every day in terms of homelessness and the unsheltered, specifically, which is what I'm eluding to here. From businesses, leaders, and obviously even our residents. It can limit our economic growth. People mention property values and the like in terms of that. And then you look at it from the impact of the unsheltered homeless City of Miami Page 169 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 that's on our streets right now. This is temporary at hest because we're going front site to site to site, especially with the new HEAT (Homeless Empowerment Assistance Team) Task Force. And again, it's not a criticism, it's just let's evaluate what we're currently doing. The movement of the unsheltered homeless are now going all over the place and being scattered and going to places that really right before probably didn't have homeless groups much larger than two or three. For example, Peacock Park and other parks, where now you might have 10 or 20 individuals. And then a movement to other locations. Also, you're dispersing the service delivery opportunities to assist these homeless individuals. And then on the other side, on the extreme side, you can have a health nuisance being developed. So, imagine for a second we can create what 1 would consider a safe space, both for the homeless -- Vice Chair Russell: Can you close the door, please? Mr Porro: Thank you. A temporary space for the unsheltered homeless to be able to transform their lives. I believe we can develop a more efficient way to provide these services to them and obviously eliminating the blight by having the homeless scattered throughout the area. I would hope that it would close the gap in terms of homeless services to these individuals. And more importantly, again, like 1 mentioned in the beginning is to improve the outcomes because if nothing of this improves more individuals getting into shelter and other services, then we should continue what we're currently doing. But we're also having a more controlled environment by if we were to -- a group in a particular, which I would call a safe space, is safe from criminals and other things that actually go after the homeless to do other things. So I'm proposing that a 40,000 (UNINTELLIGIBLE) having what 1 consider a starting point. A safe space for these unsheltered homeless to be able to be grouped together. This starting point would be a temporary location for these unsheltered homeless residents. It would be a secure location for them. We would hopefully, by having them in an area, a group of them, that we can provide more services in a more consistent basis for them. Food, restrooms, showers. Again, with the end result of trying to stabilize them more for them to get out of where they're currently at. Health screenings and the like. I've even seen that I've done some investigation, there are some that are actually governed by the homeless themselves by having boards and committees and things like that. And you can also, obviously attract philanthropic dollars and nonprofit dollars for this. I would consider -- things to consider for implementation, sir. Proper security, obviously lighting and sewage for the things that we would like to do in this particular area. Have formal operating procedures. There obviously would be zero tolerance for drugs, alcohol, violence of any type. We can -- by depending on how we set it up, we can probably maintain -- I'm sorry, minimize our liability for having safety of these unsheltered individuals. Sustainability is also, we'd have to figure out how to do this after a year if you know, you wanted to continue it. But we'd have to have, like I mention there, outcomes to efficacy. In other words we wanted to make a difference and move the needle. One of the options is that we can outsource this to a nonprofit entity that has experience in doing something like this, or public private partnership of the like that could maybe do it with part funding from us. So -- lastly, this is my last slide is just we acknowledge the issues. That the safety of the homeless and those that live around them, since they are prime targets for a variety of different things. They're constantly moving, we're disrupting their belongings, so, you know, if it's going to work, we need to try something different at least to consider it. The refusal of the homeless to accept temporary housing I think City of Miami Page 170 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 that trying something like this like a transformation zone could improve that and I know that it's been eluded to on several occasions. Basic services, we could have a secure fence that provides security and air circulation within the particular area. An in and out type of entrance for this particular area. I would propose either cot tents that are two man cot tents, so that way they cant bring anything like mattresses and the things that we're seeing right now on the streets, they would be limited because it would have to fit inside of their tent if they wanted to bring other things. Vice Chair Russell: Question, Mr Porro? Mr Porro: Yes, please. Vice Chair Russell: Secure fence. Does that imply that people cannot enter and exit freely at their own will? Mr Porro: Yes, no, when I say secure fence I'm saying the area that is secure for them and for our employees to go in and provide services. Vice Chair Russell: But they can leave whenever they want? Mr Porro: They can leave if they want to leave. Vice Chair Russell: Any time of day? Me Porro: Or if they work -- or so forth. Commissioner Reyes: Yes. Mr Porro: So if they wanted to do something that was illegal, they obviously cant do it inside of the -- in this particular zone. So that's very important. So there's rules and regulations, but again, the purpose of it is to by to stabilize them more than what's happening right now in the streets for the unsheltered specifically. We would provide restrooms, garbage receptacles and so forth. And then the rules, there's, you know, individual screening for COVID and other things. It would always -- it would almost be like in the continuum of care which starts with our homeless outreach. This would be one step more almost, you know; temporarily we're providing these other services again to hopefully improve outcomes. So that is what I have. I'd like you to consider it and discuss it, so -- Vice Chair Russell: Were there -- was there -- did I miss an actual location that was -- Mr Porro: No location. I just wanted to present at this point in time just a concept and then we can discuss ways that consideration of the Commission, how we might do it, or you don't like the idea at all and that's fine as well, butt wanted to propose something new, sir Vice Chair Russell: I got outvoted on this one. Clearly, the will of this Commission is to solve this problem in one way or another and this is a logical jump of a place to go. I simply feel that a tent city is the nuclear last option of a failing homeless program in a city. We're actually one of the best examples in the country for a large city that is, City of Miami Page 171 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 you know, we've plateaued and we're having trouble getting to that last group, that last 500 to 800 on the street homeless. But I don't feel like we need to create this new infrastructure if we can get people into shelter and get people from shelter into housing. And I recognize the urgency of -- of you know, assisting with the quality of life of our residents, but I think if we take this zero -- functional zero program strongly and we fund it appropriateiv, we create the right units of housing, we offer the right services, we're going to do it. I just -- I feel like this is -- this is more than what we need to do and it may backfire in terms of going back to Pottinger or being considered a violation of -- of basic rights of the homeless themselves by creating a fenced area that they have to go to. I'm just a little concerned about that when we're on such a good track. So I'm going to just say my piece because 1 know how you all feel about this. 1 know you voted to -- to make sure that people are brought off the street, no tents allowed in parks, and that we have a place for tents to go and that's what Mr: Porro's department is working on. I'm not in favor though. Commissioner Reyes: Well -- Mr Porro: Commissioner ifI can respond? I'm so sorry, Commissioner Commissioner Reyes: Sure. Mr Porro: Is that I totally agree with you. What the City has been able to do, and again, 1 know that it's a -- we're managing expectations, but for a city our sire to have 510 unsheltered homeless on the streets is -- is really' the result of homeless outreach of the continuum of care that's been here now for a while. Can we improve it? I say if we continue doing the things that we're always doing, we're going to continue to get those results. This is specifically for the most resistant person and ifI wasn't clear, this is not that the person has to go there, but it's another step that they don't want to go into shelter, they now -- we now have an option that's official, that is designated for them to improve their lives and stabilize them. So that's the intent behind it. Commissioner Reyes: You see, Mr. Chair? Vice Chair Russell: Yes. Commissioner Reyes: I know how you, feel. I remember you voted against the street feeding ordinance because you thought it was too restrictive. But what we are trying to do, and that ordinance also was -- we wanted to have the homeless, you know, the population, under the same roof that we can provide the support system that it is required to try to get them off the street. And at this time for what I've seen, this is something similar but it is a process that -- that you want to establish. I think that if we keep on doing what we were doing before, we will go nowhere. Because you can say, yes, I mean, we were progressing. Yes, because you know why we were progressing? We were progressing because there was some sort of understanding that Tye are not California, we are not San Francisco, and we are not going to allow certain things, you see. But the -- what 1 agreed with this program, and I'm willing to try it, it is that it has -- it is a process that's going to be established in order to try to help as many homeless as we can and try to get them, not only off the street, but also in the path of being integrated back into society. Because I see training, I see drug programs, I see psychological help, and all the support systems that they need, and City of Miami Page 172 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 once you have --1 mean, you have access you see to the population -- you have better access to the population, you can develop rapport between the -- I mean, the psychologists and a member of the population, or a nurse and a member of the population that is addicted, you see. And then you can get them and try to convince them to get into rehab, et cetera, et cetera. But just by leaving them on the street just like that and then you go and -- I mean, wherever you find them. It doesn't work. It hasn't worked up to now I will give it a try. Commissioner Carollo: (INAUDIBLE). Vice Chair Russell: Yep. Commissioner Carollo: How many shelter beds with the seven million plus a year the City is spending on homelessness, not including the monies that we spend on police and on fire, how many shelter beds is that getting us? Mr Porro: Considerable amount (UNINTELLIGIBLE) I mean -- Commissioner Carollo: Do we know? Mr Porro: Say that again? Commissioner Carollo: How many shelter beds -- Mr Porro: Can we buy with that amount? Commissioner Carollo: No, the seven million years -- seven million dollars a year that we're giving now, how many shelter beds is that getting us? Mr Porro: No, that doesn't get us any. Commissioner Carollo: Excuse me? Mr Porro: It does not get us, and by the way we're -- Commissioner Carollo: Well we're giving money for shelter beds. Mr Porro: We are, just out of our budget, yes. Commission Carollo: How many shelter beds are we getting? Mr Porro: Seventy-five. Commissioner Carollo: How many? Mr. Porro: Seventy-five. Commissioner Carollo: Just 75? Mr. Porro: Yes, six For the $460, 000 that I have in our budget in department -- City of Miami Page 173 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Carollo: Excuse me? Mr Porro: Yes, sir Commissioner Carollo: I -- I can't hear you or understand you. Mr Porro: So $460, 000 is what I spend out of our Department of Homeless -- Human Services budget for the 75 beds annually. Commissioner Carollo: And what are we giving the other seven million dollars for? Mr Porro: I think that -- Commissioner Carollo: I mean, we went through this -- we went through these numbers last time. Mr Porro: Yes, sir, but that counts staff and many other things over a period of time, so that's what that number consists of Commissioner Carollo: But there was a big chunk of that, maybe half was going directly to the Homeless Trust fund and to Camillus House. Mr Porro: Camillus House, yes, sir Commissioner Carollo: Huh? Mr Porro: The part that comes out of our budget, yes, sir. And part of DDA (Downtown Development Authority), a little bit out of DDA and stuff like, yes, sir. Commissioner Carollo: But we're backtracking now from last week. Last week I was getting -- I was being given real numbers. Now you're telling me that it's only your four hundred plus thousand dollars that is getting us 75 beds. Mr Porro: Annually. Yeah, annually. Commissioner Carollo: Then what is the rest of the money getting us, Mr. Manager? How many shelter beds are we paying for? Natasha Colebrook -Williams (Assistant City Manager): I'm sorry, sir. I can assist. Natasha Colebrook -Williams, Assistant City Manager. Natasha Colebrook -Williams, Assistant City Manager Shelter beds is 75, but the other resources are also going to outreach and continuing care in terms of Lazarus Project and so forth. So it a variety of things, personnel costs, and so forth. Commissioner Carollo: Natasha, this is the problem that I'm having. Ms. Colebrook -Williams: Yes, sir City of Miami Page 174 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Carollo: This homelessness situation, it a business. I mean, we're spending seven million then on personnel and people, and you still have this mess out in the streets. And then we're only getting 75 beds for four hundred plus thousand a year. You know, I suggest, and if you want I could show the City how to build this so you could buy the equipment and the material itself and we could build a shelter that would be approved, that -- or up -- even up to 800 square feet that we could build for, you know, easily. I give you an estimate because the cost here might be different in anywhere from $35,000 to no more than $50, 000 per unit. And I rather with a chunk of that money be able to build 100 units every year and then use the rest for the personnel that we need to provide services. Ms. Colebrook -Williams: So -- Commissioner Carollo: We have enough land in Virginia Key, hundreds of acres there. But, you know, what I'm hearing, it sounds great and as I said before the City of Miami has been extremely humane, and we should complement ourselves for it. But it's a revolving door. The problem that we're having is we keep -- because we've been so generous, we keep getting people that are coming from outside of Miami, from the rest of the state, from the rest of the country. Ms. Colebrook -Williams: So the outreach, human services is serving all of Miami - Dade County With what you've directed the City Manager to do in terms of doing research and looking at a place for individuals to camp, we are going to establish an internal team with representation from various departments, as well as outside entities so we can further develop the concept and come back with a number and realistically what we can and cannot do, the liability and the cost associated with that in order to best maximize on the dollar that we're currently spending. Commissioner Carollo: Well I would even, you know, be in favor of us buying a hotel or two or as many as we need and, you know, the Homeless Trust has done that in the past. They did it last year. But what we can't have is a situation that anyone that wants that comes from any part of the country, or the world for that matter, can just decide that they're going to pop a tent up blocking our sidewalks and creating a health hazard. Our residents have rights, too. And I'm not afraid to take it on and say it like it is. Furthermore, I mean, we love to, you known, bring Barney and put him in charge of this and everybody will hold hands and sing, you know, we're a happy family, but the truth of the matter is that no matter how much help, and we've got to realize this and come down to reality, it's not just saying the right things that are politically correct, but facing reality, that a big chunk, probably, a majority of the people that you have out in the streets, it going to be extremely difficult to save because their problems, because of drugs, are so deep that to turn them around, you know, it's going to be very, difficult. I will tell you one former drug user, what he told me, and he said look, I was able to change and change my life because I decided that I wanted to. I didn't want to be in this situation anymore, he says, but most people that I dealt with, they don't want to change. So no matter how many, services you provide, how many shrinks, how many social workers, you know, there's going to be a big chunk that we have to face reality with. Ms. Colebrook -Williams: I will not dispute that. This is also challenging for staff to go in daily, clean the same areas, do outreach to the same people. We want to see a City of Miami Page 175 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 difference as well. That is why we're asking for the time to go ahead and do the research and find out what's the best use. Commissioner Carollo: Well, I'll certainly be in favor to give you some time to by to put this together and to meet with each of us and try to fine tune it. That's another option. But what I expect to happen is that we start doing the cleanups. Ms. Colebrook -Williams: So, if1— Commissioner Carollo: Those cleanups are vital. Ms. Colebrook -Williams: Ill may? We have been moving forward with the collaboration for some months now, including Solid Waste, Code Compliance, Police, and Human Services and we have been going to the large encampments. As a result of that, individuals are shuffling and moving to various locations throughout the city. So it is an ongoing battle. They are going on a daily basis, collectively. This initiative is being led by the police department with full cooperation and support from the other departments because we recognize that this is going to have to be a collaborative effort and done repeatedly. But again, that same frustration that you are feeling, we feel as well. So we welcome new ways in which to approach this. Commissioner Carollo: Any — any further comment from any members of the Commission? Vice Chair Russell: No. That's PI.4 and if you want to we can take it right into DI.3, which is discussion item on drug overdoses in the City of Miami. That's related. Commissioner Reyes: Yeah. Vice Chair Russell: Whose item is that? Commissioner Carollo: You know, to give you an example, to place one person in a hotel at a rate that we could easily get from hotels, a hundred bucks a night, inclusive, $36, 000 plus a year. We could probably, like I said, build for right around that price or maybe a little more, decent — a decent house up to 800 square feet. It's probably too big because you're going to have individuals, but you could split it in half, 400 square feet for one individual. You know it's going to be sufficient. It's bigger than a hotel room. Most hotel rooms are going to be 200 to 300 square feet. So, I intend to one way or another find solutions that are humane, that are respectful to people, but that also protect those that are out in the streets and our residents. Vice Chair Russell: Thank you, Commissioner. Thank you. So that closes — does that close DL3 as well as PL4? Commissioner Carollo: For —for the meantime it does. [Later...] Vice Chair Russell: Madam Holmes, did you want to address this Commission? City of Miami Page 176 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 Commissioner Reyes: (INAUDIBLE). Vice Chair Russell: We were having a discussion item on -- Renita Holmes: On homelessness. Vice Chair Russell: -- homeless and -- Ms. Holmes: And transitioning. And 1 think 1 was touching bases on that -- Vice Chair Russell: Can you -- Ms. Holmes: -- when I mentioned -- Vice Chair Russell: I'd like to set the clock for two minutes. Ms. Holmes: Yes, sir Vice Chair Russell: We're not opening full public comment on this, it was a discussion item. Ms. Holmes: No. But you know that's my thing. Vice Chair Russell: But I absolutely want to respect you. Ms. Holmes: Uh-huh, don't want to be homeless. Been there, did that, and done that and serving that population. I just wanted to consider that you have two very good persons there that think out of the box. I can't, in my experience not just in being homeless and transitioning and now serving, you can police the homeless community, but it is so diverse in its cultures. And I just want you to take a note to these things that we established this with Occupy -- Occupy the Hood when we did occupy -- when some of the situations came up in some of the camps and people that were reacting and Black Life Matters, people thought that it was a bunch of other people saving the CVS (Consumer Value Stores), it was the homeless persons around the area. So when we talk about policing our community, there's one thing I want you to really realize, and I want to call upon one special department. How you police women, homeless women, is really, really very different right now because there is trafficking and -- and pimping still happening, particularly in hotels. But I'm appealing to my police department and partners and giving accolades actually to Officer Piedra (phonetic), Sergeant Piedra. His ability to reach into diverse cultures -- so you have the disabled culture of persons, of homeless persons who don't really use drugs, who are beat up quite a bit by those who are selling dope. Then you have those that come down into that population irregardless [sic] to sell their dope and to -- and they fit right in. So you have to have somebody in that police department that understands that there's a culture there, just like it is in jail. You've got the mama, the daddy, the papa. And then you've got to understand if you can pimp women right in front of Lotus House on the block with the task force present with people like me who do ministry who have to call other police officers to come and intervene, fact, then you've got to get your acts together because don't know what the drug task,force is doing, I don't know what the trafficking task force is doing, then you have the police policing or out policing City of Miami Page 177 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 NA.5 10806 City Commission themselves. And that's what 1 just wanted to say when you're dealing with who's going to be providing the continuum of care, who's going to be doing the planning and who's going to he doing the policing and security, we have learned some lessons about the different cultures of -- of homeless persons. And it's unbelievable how much the stereotype is caught up in the system into system partners. And I don t mind having a further conversation because I've been trying to really dig in with my Commissioner, and Commissioner Watson I appreciate that. It's dangerous for you to sit there and say. But it mostly affects my district, District 5, Overtown, the transition. So 1 just want to be able to volunteer and work with you a little bit more, maybe even have some courageous conversations with those who have transitioned. And believe it or not, there are people that sit in the homeless population and live in the homeless population that invest in stock, that sell Crypto, that do technical work, and still pimping. 1 do this in honor of my brother who died in the population in Overtown on the sidewalk who was always arrested and then let out without any drug treatment. He died with his hands -- asking forgiveness on the sidewalk with all those other people standing around him. John Tripp, Jr., somehow I feel like I let him down and we let him down. There's a much better way to do it. And although we might not be like California and Los Angeles, in California and Los Angeles they're packing up to come to Miami for the winter So I want you to consider that. Thank you very much. Vice Chair Russell: Thank you for your comments. DIRECTIVE DIRECTION BY VICE CHAIR RUSSELL TO THE CITY MANAGER TO BRING A RECOMMENDATION REGARDING HAZARD PAY BONUS FOR EMPLOYEES. rRESULT: DISCUSSED Vice Chair Russell: I'd like to give direction to the Manager: During COVID under the CARES (Coronavirus Aid, Relief and Economic Security) Act we had hazard pay for a lot of categories of employees that were allowed under the CARES Act but many were not allowed. There are 12 categories of employees that I would like to see get a hazard pay bonus and I'm open to that coming out of my portion of the ARPA (American Rescue Plan Act) funding, which we already allocated in the last meeting. So I'd like to ask the Manager to come back with a recommendation on how we can do that. What we can amend to fund some hazard pay for folks that were in the line of fire, who were exposed to COVID, who worked very hard for us during the pandemic, but were not able to get any hazard pay bonus due to the restrictions of the CARES Act. Arthur Noriega (City Manager): Will -- you share your categories with us? Vice Chair Russell: Yes. If my -- Mr. Noriega: You can send them to us. Vice Chair Russell: We'll send them to you offline if:vou could bring something back for us at the next meeting that would be great. City of Miami Page 178 Printed on 07/02/2024 City Commission Meeting Minutes September 23, 2021 NA.6 10807 City Commission ADJOURNMENT Mr. Noriega: Okay. DISCUSSION ITEM DISCUSSION BY COMMISSIONER REYES REGARDING THE LEGAL ACTION REQUESTED AGAINST TY LIN FOR NON- COMPLIANCE AS DIRECTED DURING THE FEBRUARY 11, 2021 MIAMI CITY COMMISSION MEETING. RESULT: DISCUSSED Commissioner Reyes: Mr Chair? I have a question for the City Attorney. I don't know if you are -- you know about the -- the legal action that we requested against this architectural firm, TYLin, that -- for non-compliance and it's been holding our plans for a long time. Therefore, the project has not -- we haven't been able to start it. And that is affecting the quality of life of the neighbors and also the City of Miami is not complying with what we promised the residents. Barnaby Min (Deputy City Attorney): Yes, sir. I am aware. I believe the administration as recently as yesterday, or this week, has been meeting with TYLin and 1 don't know if -- Commissioner Reyes: Yes. Well want to also inform you that they have not complied with their commitment to --1 mean, with us -- I mean, with the Public Works by not providing the proper plans and the revisions that have been requested from them and to taking a long time and I want to know what are we going to do about it? Because we are being held hostage by many of these firms that they -- I mean, since nothing happened to them and we keep on providing them with additional work, you see, they are not complying -- I mean, they're doing whatever they want. It's not that they are not complying. They're doing whatever they want. It's about time that the City of Miami take a strong stance and say, no, enough is enough, put a foot down and if we're going to take you to court, we will. That's it. Vice Chair Russell: Are you good, Commissioner? Are we all set? All right. We're going to adjourn this meeting. Thank you, everyone. I think we did all right. I apologize to those here for the budget that we are one hour late. I'm going to break us for ten minutes just to reset the tape for the budget and then we'll come back in ten minutes and start the public hearing. (COMMENTS MADE OFF THE RECORD) Vice Chair Russell: The budget? Just that little one -point -billion dollar item. (COMMENTS MADE OFF THE RECORD) Vice Chair Russell: You're ready for Miller time, weren 't you. We are adjourned on the regular meeting. The meeting adjourned at 6:04 p.m. City of Miami Page 179 Printed on 07/02/2024