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HomeMy WebLinkAboutCC 2021-12-09 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 00* * INCORPRRATEO 1808 /\ Its Meeting Minutes Thursday, December 09, 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 Christine King, Commissioner, District Five Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes December 9, 2021 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair King, Vice Chair Carollo, Commissioner Diaz de la Portilla, Commissioner Russell and Commissioner Reyes On the 9th day of December 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 Carollo at 9:58 a.m., recessed at 12:50 p.m., reconvened at 3:38 p.m., recessed at 5:56 p.m., reconvened at 6:15 p.m., and adjourned at 6:38 p.m. Note for the Record: Commissioner Diaz de la Portilla entered the Commission chambers at 11:05 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Vice Chair Carollo: -- so that we can start shortly. Good morning, everyone. Welcome to this — the December 9, 2021, City of Miami Commission Meeting. The procedures for public comment will be explained by the City Attorney shortly. Procedures for the swearing in of parties for the Planning and Zoning or quasi-judicial items will be explained by the City Clerk. The members of the City Commission appearing in this meeting today is Chairwoman Christine King, myself Joe Carollo, Commissioner Ken Russell, Commissioner Manolo Reyes, and Commissioner Alex Diaz de la Portilla will be joining us a little later this morning. If the -- also with us today is the City Manager, Art Noriega, City Attorney Victoria Mendez, and City Clerk Todd Hannon. If we could all stand up for a prayer, then keep standing for the Pledge of Allegiance. I would ask Commissioner King if she could lead us in prayer. Invocation delivered. Vice Chair Carollo: Amen. Now Commissioner Russell will lead us in the Pledge of Allegiance. Pledge of Allegiance delivered. City of Miami Page 1 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 PART A - NON -PLANNING AND ZONING ITEM(S) PR - PRESENTATIONS AND PROCLAMATIONS PR.1 11022 PROTOCOL ITEM Honoree Presenter Protocol Item Florida International University (FIU) Dr. Mark B. Rosenberg Mayor Suarez and Commissioners Proclamation ORDER OF THE DAY RESULT: PRESENTED 1) Mayor Suarez and Commissioners paid tribute and honored Dr. Mark B. Rosenberg, President of Florida International University (FIU) and presented a Proclamation honoring his dedication, commitment, and service to higher education. Dr. Rosenberg's leadership contribution to FIU has been essential in the creation of a positive atmosphere for students to excel in their studies. FIU has been helping students with their higher education since 1965 and is ranked as a top prestigious school in the City of Miami. The contributions from Dr. Rosenberg's' leadership are commendable, therefore, Elected Officials paused in their deliberations to proclaim December 9, 2021, as "Mark B. Rosenberg Day" in the City of Miami. Vice Chair Carollo: Madam City Attorney, could you please state the procedures to be followed during this meeting. Victoria Mendez (City Attorney): Thank you. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with the City Clerk and comply with the related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member or staff member until registering. A copy of the Code section about lobbyists is available at the City Clerk's Office or online at www.municode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the appropriate disclosures required by the City Code in writing. A copy of this Code section is available at the Office of the City Clerk or online at www municode.com. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing any consideration provided or committed to anyone for agreement to support or withhold objection pursuant to 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 the material for each item on the agenda is available during business hours at the City Clerk's Office and online at 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. or soon thereafter 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 City of Miami Page 2 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 www.miamigov.com/meetinginstructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment form have been and will be distributed to elected officials and City Administration throughout the day so 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 elected officials up until the Chair closes public comment. Public comment may also be given live at City Hall located at 3500 Pan American Drive, subject to any and all City rules, as may be amended. If a proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken about. 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, the public support, opposition, or neutrality on items and topics to be discussed at the City Commission meeting in compliance with Section 286.0114(4)(c), Florida Statutes. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity and time before the meeting. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at www.miamigov.com. For PZ (Planning and Zoning) items, it shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance as temporarily modified pursuant to Emergency Ordinance Numbers 13903 and 13914. Pursuant to Emergency Ordinance 13903 and 13914, parties for any PZ items, including any applicants, appellant, appellee, City staff and any person recognized by the decision making body as a qualified intervener, as well as the applicant's representatives and any experts testifying on behalf of the applicant, appellant, or appellee may either be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk or may appear virtually and make arrangements to be sworn in by oath or affirmation in person at their location by an individual qualified to perform such duty. Pursuant to Emergency Ordinance Number 13903, members of the general public who are not parties to an action pending before the City Commission are not required to be sworn in by oath or affirmation. The members of the City Commission shall disclose any communications pursuant to Florida Statute 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 further approvals, 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 as set forth in Miami 21 and the City Code, providing the appellant shall present 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 cell phones and other noise making devices. This meeting can be viewed on Miami TV, miamigovcom, the City's Facebookpage, the City's Twitter page, the City's YouTube channel, and Comcast Channel 77. The broadcast will also have closed captioning. Thank you. Todd B. Hannon (City Clerk): Chair, I will now state in -- state the swearing in procedures to be followed during this meeting. 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 City of Miami Page 3 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 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 Attorney's Office. Each individual who will provide testimony must be sworn in and execute an affidavit. Please email a scanned version of the signed affidavit to the City Clerk at thannon@miamigov.com prior to providing testimony on the Planning and Zoning item and/or quasi-judicial item. The affidavit shall be included in the record Jrothe relevant item for which you'll be providing --. Commissioners, are you comfortable with all the notice provisions set forth in these uniform rules of procedures we have established for this meeting? Commissioner Russell: Yes. Mr Hannon: Thank you, Chair Vice Chair Carollo: (INAUDIBLE). Mr Hannon: No, sir that is the only protocol item for today. (COMMENTS MADE OFF THE RECORD). Arthur Noriega (City Manager): Yes sir Good morning, Mr. Chair Commissioners, Madam City Attorney Mr. City Clerk. At this time the Administration would like to defer and/or withdraw the following items: DI.1 to be deferred to the January 13th agenda; DL2 to be withdrawn; PZ.1 to be deferred to the January 27th agenda. (COMMENTS MADE OFF THE RECORD). Mr Noriega: One. PZ.2 to be deferred to the January 13th agenda; PZ.3 to be indefinitely deferred; PZ.8 -- sorry, PZ.7 to be deferred to the February 24th meeting; PZ.8 also to be deferred to the February 24th meeting; PZ.10 to be deferred to the January 27th meeting; and PZ.11 to be deferred to the March 24th meeting. Also, there's been a request for a slight change to RE.6 which is a time certain item for 11: 00 a.m. to be moved to 11:30, if possible. Vice Chair Carollo: (INAUDIBLE). Mr Noriega: That's the proclamation for President Mark Rosenberg. Commissioner Reyes: It's going to be moved from 11:00? Mr Noriega: From 11: 00 to 11:30. Commissioner Reyes: 11..30. Vice Chair Carollo: And PZ.8 for February 24th. (INAUDIBLE). Mr Noriega: Sure. Vice Chair Carollo: DI.1 is deferred, DI2 is withdrawn, PZ.1 is deferred to January 13th. Mr Noriega: PZ.1 to January 27th. Vice Chair Carollo: January 27th. City of Miami Page 4 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Mr. Noriega: Mh-hm. Vice Chair Carollo: Okay. PZ.2, January -- Mr Noriega: 13th. Vice Chair Carollo:-- 13th, okay, deferred. PZ.3, indefinite defer PZ.7 and PZ.8, deferred to February 24th. Mr Noriega: Correct. Vice Chair Carollo: PZ.10, defer to the January 27th meeting. Mr Noriega: Yes, sir Vice Chair Carollo: And PZ.11, deferred to the March 24th meeting. Mr Noriega: Yes, sir Vice Chair Carollo: Okay. Any other items that the Administration has? Mr Noriega: We do have a pocket item. Vice Chair Carollo: Okay. Mr Noriega: It should have been distributed already. It's related to the Miami Police Department. And -- Pee Chair Carollo: Okay. So, I will make that Pocket Item 1, P1 [sic]. Mr Noriega: Yeah. Vice Chair Carollo: P11. Okay, reference police. Mr Noriega: Yeah. Vice Chair Carollo: All right, Madam City Attorney, is there anything that you might have? Ms. Mendez: I believe Chair King also has a pocket and the Mayor is working on a pocket as well. Vice Chair Carollo: Okay, so let me go to the next step, and that's asking the Commissioners if they have any items that they would like to continue, defer, withdraw, or indefinitely defer Commissioner Reyes: Yes, Chair: Commissioner Russell: Good morning, Mr Chair Vice Chair Carollo: Okay, Commissioner Russell -- Commissioner Reyes: Oh, sorry. Vice Chair Carollo: -- and then I'll go right to you. City of Miami Page 5 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Russell: Thank you. I would actually like to hear PZ.8 if we can, which is -- I'm sorry, not PZ.8 -- PZ.3, the Administration requested indefinite deferral. This is the appeal on the medical marijuana dispensary application. I believe we should hear it and either it's there or it's not, but that would set -- Vice Chair Carollo: If I may ask my colleagues this today, if it's possible, this is our last meeting in December we all want to try to leave here as quickly as we can and I personally would like to ask everyone that anything that could be a little controversial, if we could leave it for January so that we could keep in the spirit of Christmas and the holidays of being happy and joyous. So, you know, I'll follow the will of this body, but you know, if you really, really want to get into that today, but if you could hold off until January I would greatly appreciate it. Commissioner Russell: 1 hear you, Commissioner, I'll withdraw it. Vice Chair Carollo: Thank you. Commissioner Reyes: Okay. Thank you very much -- Commissioner Russell: Chairman. Commissioner Reyes: -- because I was going to add to a couple of things of the Chair's comments. So, it would be better off this way. Vice Chair Carollo: All right. Do you have anything else that you'd like to defer? Commissioner Reyes: Yes, yes, yes, you see -- RE.9. Vice Chair Carollo: RE.9? Commissioner Reyes: Yes, I want to -- I want to defer it. After really thinking about the need, different needs of the different districts, particularly the districts that are coastal districts, I think that we have to really think and have a little conversation with the Mayor about this item, I mean these funds, that they are going to be used for the sea level rising and flood mitigation. I think it has to be divided in -- according to need more than anything else. Vice Chair Carollo: Okay, so this RE.9 is the one out of your two RE (Resolutions) items that has to do with sea level rise and the monies for it? Commissioner Reyes: Yes. Vice Chair Carollo: Okay. Commissioner Reyes: Yes. Vice Chair Carollo: All right, so RE.9. Commissioner Reyes: Yes, sir. Vice Chair Carollo: For what meeting would you like to defer it to? Commissioner Reyes: Let's -- let's tentatively do it on the first meeting in February. Vice Chair Carollo: Okay. What meeting is that, Mr Clerk? Mr Hannon: The first meeting in January is January 13th. City of Miami Page 6 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Reyes: No, no, February. Vice Chair Carollo: February. February. Mr Hannon: Oh, February, I'm sorry. The first meeting in February is February 10th. Commissioner Reyes: February IOth. Vice Chair Carollo: February 10th, defer. Commissioner Reyes: Yes. Vice Chair Carollo: Okay, now the other one that you have, Commissioner; RE.8. Do you want to defer that one also or not? Commissioner Reyes: No, no, I think -- I think that the Administration agrees with it. I don't know if everybody agrees with it, but I would like to at least, if anybody has any - - any, I mean doesn't want to do it I could -- I could askfor it. But the way that this have to be -- that we're asking it to be divided is according to CDBG (Community Development Block Grant) you see, to CDBG standards. And I want to add that I am - - 1 am going to be the lowest -- the lowest beneficiary, you see. But by dividing it by CDBG those -- those -- Vice Chair Carollo: If anything, you'll be the second lowest. Because D2 (District 2) - Commissioner Reyes: Oh, D2, you and I are the ones that -- but I think it is fair -- it is fair to use it according the way the community development blockgrantfunds are divided and let's keep the same format. Vice Chair Carollo: Okay, I don't think this is going to be terribly controversial so that's fine. Commissioner Reyes: (UNINTELLIGIBLE) listen, listen. Commissioner Russell: Mr Chairman, Commissioner Reyes, and Ilike the spirit of passing the peace pipe on these various items so that we're all working together, if we're going to distribute housing funding by need, I do hope we would distribute plumbing funding by need as well. Commissioner Reyes: That's what we're doing. Commissioner Russell: Yeah, ves, so I look forward to it. Commissioner Reyes: That's what we're doing. Commissioner Russell: Thank you. Commissioner Reyes: Okay. Vice Chair Carollo: That's what he mentioned on RE.9 and that has a lot of merit. Because you, while having the richest district, also have the most water So those funds are going to be needed the most -- Commissioner Reyes: You too. City of Miami Page 7 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Vice Chair Carollo: -- I would say in your district because you have so much water. Commissioner Reyes: That's right. Vice Chair Carollo: Then after that, I have a lot of Miami River -- Commissioner Reyes: Yes. Pee Chair Carollo: -- Commissioner King has another big chunk of water, and some of the river too, on the other side of my district, and Commissioner Reyes has some river also. So, we've got to figure on that, but keep in mind also that not necessarily that money has to be earmarked where we have the water facing us, we have many areas in Miami that are very low. And because of sea level rise, we're having more problems. For instance, I remember back when I was a kid commissioner and Maurice Ferre was here as Mayor, that he pointed out one time that the lowest point in the whole city that was actually below sea level was in your district. Commissioner Reyes: That's right. Flagami. Nee Chair Carollo: Yeah, so that area, while it's not a huge area, as I remember if fit hasn't been looked at in the past years it certainly needs to be looked at with this money now. Commissioner Reyes: Well, I have to add that while you were Mayor and before that, there was a great effort placed on trying to -- I mean decrease the effect of it. Vice Chair Carollo: Yeah. Commissioner Reyes: Having you -- the memory von have, you remember those projects, those (UNINTELLIGIBLE). Nee Chair Carollo: Well, Commissioner I've done a lot of good in the past, but my hard drive is pretty consumed these days, so a lot of stuff just gets thrown out. So, my memory in some issues are not as good as I think yours would be. I only keep in the hard drive the absolute necessity of the most important things. Commissioner Reyes: You know, if you may allow me to buy you a couple of pills in order to help you. Vice Chair Carollo: Well, I did take my smart pill today, so hopefully I'll get us through the meeting. Commissioner Reyes: Just wait until you get to be my age. Vice Chair Carollo: Yeah. Chair King: Commissioner Carollo? Vice Chair Carollo: Yes, ma'am? Chair King: I have a pocket item -- Vice Chair Carollo: Yeah. Chair King: that I would like to -- City of Miami Page 8 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Vice Chair Carollo: Okay. Anything else before we get in to the pocket items, on the regular agenda? Did anybody -- Chair King: Yes, I have one for the regular agenda. I would like to defer CA.6. Vice Chair Carollo: Which is that? Chair King: I'd like to defer CA.6. Vice Chair Carollo: CA.6. Okay, defer until when? Chair King: Until February 24th meeting. Vice Chair Carollo: Okay, February 24th. Okay. Anything else? Chair King: Not from me, no. Vice Chair Carollo: Okay. Commissioner Russell? Anything? Commissioner Russell: Yes, just a request to table two items to the afternoon as both the Admin and applicants are preparing. That would be CA.3 which is just a right -of way deeds issue. We're trying to get an addition in there if the Attorney's Office is ready by then. And PH.6 which is the easement -- Vice Chair Carollo: Can you go over that? These are for this afternoon that you want them? Commissioner Russell: I'm sorry? Vice Chair Carollo: These are items for the afternoon that you want, correct? Commissioner Russell: Yes, I just want -- as we're setting the order of the day, just requesting two items to be heard -- Vice Chair Carollo: Can you go over them again, please? I'm sorry. Commissioner Russell: Yes, CA.3 and PH 6. Vice Chair Carollo: CA.3 and PH -- Commissioner Russell: CA. 3 and PH 6. Vice Chair Carollo: -- 6. Until the afternoon. Okay. All right, and I would like to defer, until January, our first meeting in January is the 13th and the second is the 27th? Mr Hannon: Yes, sir Vice Chair Carollo: Okay. if I could defer D1.4 to the January 27th meeting so that we could keep in the spirit of like we have done in the last couple ofyears of making appointments in January. Otherwise, we will be cutting short, maybe, someone's appointment if we vote today. So that's DI S. Mr. Hannon: DI.4, Chair Vice Chair Carollo: DL4, excuse me, until January 27th, deferred. Okay. Commissioner Reyes: Okay. City of Miami Page 9 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Vice Chair Carollo: Before we get into the pocket items, anything else? Okay. So, pocket items. Now, 1 have one from Commissioner King. Chair King: Yes. Vice Chair Carollo: Any others that you have? Chair King: No, just this one. Vice Chair Carollo: Okay. So, this one will be PI.2 in pocket items. And this is the resolution of the Miami City Commission with attachments approving and adopting the annual budget of the Liberty City Community Revitalization Trust. So, this is PL2. Commissioners, do either one of you have any pocket items? Commissioner Reyes: No, I don't have any,. Vice Chair Carollo: Commissioner Russell? Commissioner Russell: No, sir Vice Chair Carollo: You had mentioned, City Attorney, that the Mayor had one? Ms. Mendez: Yes, the Mayor may have one having to do with building funds,1 believe. Vice Chair Carollo: Okay. Well, make that, just in case he does bring one in, P13, building finds. Ms. Mendez: Or homeless, actually, I'm sorry Nee Chair Carollo: Excuse me? Ms. Mendez: It has to do with homeless -- homeless and building issues. Vice Chair Carollo: Okay, well, let me just put homeless issues. Ms. Mendez: Okay; thank you. Vice Chair Carollo: Because we -- we -- I think are going to go through that a little bit. And I'm going to put PL4 as a pocket item for discussion so that the Manager can give us an update on the instructions to the Commission had given him through ordinances on the homelessness. We have had two more serious incidents in the last couple of weeks. Commissioner Reyes: Yes. Vice Chair Carollo: One was a very grave incident where a homeless individual from Miami, and I say that in quotations, "from Miami" because the man came from Georgia, that's where he was from, moved to Seminole County for a while where he had police records there, and then he was here for I'm not sure how long, and somehow he went to Palm Beach County and in the short time he was there he killed a young boy, 14 years of age. Then he was found back here in Miami. And that happened, I think, several weeks ago that he killed that young man. He was recently apprehended here in Miami through the DNA evidence that he had left at the scene. Day before yesterday we had one of our residents from downtown that was walking through Bayfront Park, going through the bridge in the Port of Miami and another homeless individual tried to assault her, sexually assault her Thank God that she was City of Miami Page 10 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 able to fight him off and take a picture of him. He was also arrested yesterday. He is from New York. Apparently on his way to Miami, spent a little bit of time in Tallahassee where there was an arrest warrant for him there also. So, this again reinforces what I've been saying here, that a huge amount, and probably the majority of the homeless population that we have here in Miami, is not from Miami. It's coming from other parts of the country, other parts of the state, and it's our residents that are having to suffer the consequences. So, we had approved some very strong measures and Ijust want to get some feedback from the Manager as to what steps the Administration has taken to follow our instructions. So, this would be PI.4 that we will include. Commissioner Reyes: Mr Chair? Vice Chair Carollo: Yes, sir Commissioner Reyes: If I may add to what you were saying. I want to commend the Miami Police Department for the fast action that that gentleman that attacked that lady, and then tried to molest her was in prison in less than a day. He was found and imprisoned. And I totally agree with you that most of the people that we have on the streets, roaming the streets as homeless, they are not from this area. They are -- they come here because of the weather or for whatever reason, but we have to do whatever is possible not to make their stay here pleasant. I mean they should go someplace else. Vice Chair Carollo: 1 agree with the statements that you've made on our police department, Commissioner Reyes. And one of my great concerns with the homelessness situation that we have, as I stated here before, the homeless situation that we have is not one that's driven by economic reasons. It's one that's being driven by addiction. That addiction has made many of the homeless that we have, it has created mental problems for many of them. So, what we are in need of the most are services, mental health services, and addiction services. And I have, you know, spoken on this for quite some time in other meetings and when this item comes up and the Manager explains to us what he's done, we'll certainly follow up with it. Is there a motion for all the items that have been brought to be continued, deferred, withdrawn or indefinitely deferred? Commissioner Reyes: Move it. Commissioner Russell: Second. Vice Chair Carollo: Moved by Commissioner Reyes. Chair King: Second. Vice Chair Carollo: Second by Commissioner King. All in favor signify by saying 'aye.' The Commission (Collectively): Aye. Vice Chair Carollo: It's approved unanimously. Mr. Hannon: And, Chair, just for the record, -- Vice Chair Carollo: Go ahead, please. Mr Hannon: -- I'm going to read a statement regarding the indefinite deferral of PZ.3. Vice Chair Carollo: Yes. City of Miami Page 11 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Mr. Hannon: Pursuant to Section 62-22 of the City Code, an indefinitely deferred action initiated by the City will cost the City mail, noticing, advertising, and posting of properties as applicable. Thankyou, Chair Vice Chair Carollo: Thank you, Mr Clerk. [Later...] Vice Chair Carollo: Before we move to the public hearing and the rest of the meeting, Mr Clerk, would you like to swear anybody in that's here for some of the PZ (Planning and Zoning) items -- Todd B. Hannon (City Clerk): Yes, sir. Vice Chair Carollo: -- or some of the other items in the afternoon that people have to get sworn in if they're going to speak. Mr Hannon: Yes, sir. If anyone is here to speak on today's Planning and Zoning items, only on the 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: Thankyou, Chair Pee Chair Carollo: Okay, thank you, Mr Clerk. PUBLIC COMMENT FOR ALL ITEM(S) 11225 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR THE DECEMBER 9, 2021 CITY COMMISSION MEETING. RESULT: PRESENTED Vice Chair Carollo: All right, ma'am, gentlemen, you can begin. And then we'll rotate back and forth. Greg Frank: Good morning, Commissioners. My name is Greg Frank from zip code 33137. I am here in support of PH2, 10934. I am also a couple months overdue, but I am here to officially say thank you to the Commissioners for passing the $5 million extension during the budget hearings of the emergency rental assistance program, specifically designed for victims of mass eviction. I also want to congratulate you, Chairwoman King; very nice to see you up there. I'm also here to let you know about the local law form -- law firm Weiss Serota, the National Real Estate Investment Trust AIR Communities, and their building management company Aimco, which trades on the stock market separately while operating out of the same location. These companies -- these companies collectively, don't give a <expletive> about this community. They don't -- City of Miami Page 12 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Vice Chair Carollo: Sir sir, the only thing that 1 ask -- Mr Frank: Yes. Vice Chair Carollo: -- is no swearing, please. Mr Frank: Okay. Vice Chair Carollo: You know, you can use another kind of word to describe it -- Mr Frank: K. Vice Chair Carollo: -- but, please. Mr Frank: K. Vice Chair Carollo: Thank you. Mr Frank: These companies collectively do not care about this community. Vice Chair Carollo: Thank you. Mr Frank: These companies collectively do not care about the instructions that the Commissioners gave them. They forced out over 150 families out of this city and out of your district with nothing but lies, deceit, intimidation, and retaliation. Of the 150 families less than 10 received adequate assistance upon being forced out of their homes. When a contract is signed, if one party breaches the contract and causes damages to the other party, the party that breached and caused damages must be accountable for the damages that they caused. Commissioners specifically stated that these companies would have problems if they did not do right by our community. As the year ends, I can affirmatively confirm to you each that they did not do right by our community They did not do right by the citizens of Hamilton on the Bay. A group of 20 of us have been forced to file a lawsuit to pursue adequate help. One disabled resident who still lives on the 26thfloor -- Vice Chair Carollo: Okay. Mr Frank: -- one disabled resident who still lives on the 26thfloor has had the elevator shut off on him without notice over ten times in the last month. Vice Chair Carollo: Sir your time is expired. I'm going to give you an additional 15 seconds. Mr Frank: Okay. Vice Chair Carollo: Because I know that this is very important to you. Okay? Mr Frank: Thank you. As we left, they didn't care about us, the one who's staying, they do not care about him. They're not providing him with adequate living conditions, and again, this is the law farm Weiss and Serota, the company AIR Communities, and their building management company Aimco. And they do not care about the citizens of this city. Vice Chair Carollo: Thank you, sir. Beba Mann: Good morning, Madam Chairwoman, congratulations. City of Miami Page 13 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Chair King: Thank you. Ms. Mann: Commissioners, 1'rn here not on any specific item on the agenda. 1 am here as a tree hugger who is completely -- I say tree hugger in the light sense of the word because I love vegetation and trees, and I'm not speaking against the Underline, I think it's a beautiful, beautiful concept, I think it's a wonderful thing for Miami. However, I have a very, very big issue with all of the mature olive trees that they have been cutting on US-1 which has been the canopy of everybody that's ever driven off of US-1--I--95 onto US-1, to know, hey, you're in the City of Miami, you're in a residential area. This is beautiful. There's a canopy. This canopy is being destroyed to be replaced by palm trees and some other native trees or something. Why is it if these trees don't -- they're not even in the way of the Underline. These trees are literally next to US-1. And not only are they right next to US-1, but they work as a barrier for the safety of the people that are using the Underline. The section of 17th Avenue has completely, been depleted of trees, and so has between 17th Avenue and 19th Avenue. That is the most dangerous intersection in US-1. Vice Chair Carollo: (UNINTELLIGIBLE). Ms. Mann: Everybody that has had an accident there has either been killed, paralyzed, maimed, or something. So, I don't know what the City can do. This is FDOT (Florida Department of Transportation) and this is the County, but this massacre needs to stop, 1 do -- Vice Chair Carollo: There is a pattern to the craziness, by the way. And 1 believe that the reason might be that the County is looking to put billboards next to the Metrorail path, therefore, all those trees and canopy is going to bother the billboard companies in putting billboards that would be seen. And they're using the Underline as the excuse in getting rid of them. Ms. Mann: This is horrible. Vice Chair Carollo: I'm sure that the next they'll come with is, well, this is going to give the Underline funding. So, Madam City Attorney, what can we do as a city, to make them stop? I mean -- Victoria Mendez (City Attorney): So, I need to -- Vice Chair Carollo: -- the canopy that we have there is beautiful. We've lost some of it forever now. We still have more. I mean the -- Ms. Mann: A few because they keep hacking as they -- Vice Chair Carollo: Yeah. Ms. Mann: The more I scream about it, the more they process the tree line. Vice Chair Carollo: Before you answer, Commissioner Russell I think wants to say something. Commissioner Russell: Thank you, Mr. Chairman. And thank you for coming. The Underline does have a beautiful plan of over 1,000 trees to be planted in their design. It is a shame that the existing ones weren't at least relocated -- Ms. Mann: No. City of Miami Page 14 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Russell: -- which would have been good. And I've looked into this. And this is an issue we have with jurisdiction. Because this is within the City of Miami limits where the City's tree ordinance should apply, but the City has an interpretation that in their rights of way, they have full jurisdiction. So, we don't have any method of appeal, we don't get payments into the Tree Trust Fund, we don't have any decision making ability to force them or request of them what trees should be planted or relocated. However, a piece of the Underline in this current section is on City right-of- way, it's about a handful of trees that are involved, and so they are having to follow the City process. They are filing a formal permit request and Quatisha at Environmental is working with them on what can be relocated versus removed. And the Tree Trust Fund will be paid for anything that is removed. Ms. Mann: Commissioner Russell, these are 20-year-old trees. Commissioner Russell: More. Ms. Mann: Or older. Commissioner Russell: And many Cuban Mahoganies. Ms. Mann: And we have -- we have sea level rise that everybody keeps talking about that we need -- you know, palm trees have a very, very small rooting system. They're not going to help us with a sea level rise. Why couldn't they have incorporated their plan with the existing vegetation that we already have? Commissioner Russell: Yes, and, Commissioners, the same thing happens with RTZ (Rapid Transit Zone). When the County decides to RTZ a property within the City of Miami limits, we lose all of our ability within our Code to manage the tree mitigation and the Tree Trust Fund. We lose all that money as well. So, this is some jurisdictional issues that we need to. Nee Chair Carollo: Madam City Attorney, this is becoming more and more that the County wants to play the 800 pound gorilla with cities. Could you do additional research in this particular matter to see what we could do? And what our maximum legal rights would be. Plus, where's the Manager at? Is he around? Is there an Assistant Manager around? Ms. Mendez.: So, Commissioner, you have an ordinance that should be coming up with regards to the RTZ and the City bringing in its home rule powers with regard to hopefully the environmental issues, which is not zoning, because our tree is under the environmental. We can make an argument with regard to that. And also, to retain control in these locations with regard to our trees and all that. So, we're working with the County to by and -- Vice Chair Carollo: Can -- would it be appropriate at this time for a resolution to be placed instructing the Manager -- Commissioner Reyes: Yes. Pee Chair Carollo: -- to put all stop on any permits that the City is being asked to give to either cut trees or transplant trees out of that area? Ms. Mendez: Well, I think one of the things that you can do is that remember that you have the monies that you're giving with regard to the Underline, so if some of these are associated with the Underline then maybe no disbursements on that until there's compliance with of our laws. City of Miami Page 15 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Vice Chair Carollo: That's the second one that we would come up with, but right now what I'm trying to do is make sure that we don't sign off any of our rights and that a bureaucrat, one person in the city, decides whether to give them a permit or not in getting rid of trees that have been there for decades. At least if as Commissioner Russell says, approximately half of the trees are in an area that we definitely have some say-so, I want to be able to stop that until we get a better picture and someone can come here, make a presentation, and any of our residents can speak on it. Ms. Mendez: So, PZ.2 which we reset for January, that's the ordinance that allows you to retain control for everything. So that is one way to definitely -- Vice Chair Carollo: Yeah, but what I'm asking is would it be appropriate, I want with your guidance so that you don't have a heart attack later and tell me that, you know, we should have done something and given the Manager directions? So, I won't use another word. Can -- is it appropriate for us to put a resolution instructing the Manager to hold off on giving any kind of permits on doing anything, on any requests, on any trees that is in City controlled area, next to the Underline, the Metro Mover? Ms. Mendez: So that would be considered a moratorium, which has a little bit of -- we have to do certain things in order to pass that type of ordinance with regard to not issuing permits. Vice Chair Carollo: Well, no, not a moratorium if we're asking him to stop this until the end of January so that we can get our hands on it. Nzeribe Ihekwaba (Deputy City Manager): Good morning. Vice Chair Carollo: I don't consider that a moratorium. Mr Ihekwaba: Good morning, Commissioner and Vice Chair Nzeribe Ihekwaba, Deputy City Manager. The majority of the trees that are being removed are not within the property of the City of Miami. I will actually align myself with the recommendation for the Administration to withhold for that disbursement of the monies that the City Commission had approved for the Underline project. That's the only, way you can bring them to the table. Because the majority of the trees are within the FDOT rights of way, and we do not have permitting jurisdiction over that area. Vice Chair Carollo: Okay, but there are trees that are within, even if it's not a majority, you know, there's got to be at least one tree. Mr Ihekwaba: Yeah, I think there are a couple of trees that are within the City jurisdiction. Vice Chair Carollo: Well, okay, so -- Commissioner Russell: There's a dozen. Mr Ihekwaba: But those ones have permits, though. Vice Chair Carollo: Yeah. Commissioner Russell: IfI could, Chairman? Vice Chair Carollo: Yes. Commissioner Russell: I'm not trying to slow down the Underline and -- City of Miami Page 16 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Vice Chair Carollo: Nobody is. Commissioner Russell: -- I do believe they have a good plan for reforestation there. And what's done is done. They have -- what they're going to remove they've already removed, so there's nothing to stop them, but there are about a dozen left that are in the City jurisdiction and they are going through the permitting process. We do have jurisdictional ability and they are doing all the right things with us on that. Vice Chair Carollo: Yeah, but Commissioner, someone, a bureaucrat, in our city, is going to be making that decision without none of us knowing the decision that she's making. And what want to see is that we make that final determination in an open meeting that's transparent so that any of our residents can come and speak to it. And that's the point that I'm making. Now on the money part,l will address that in a minute. So, Madam City Attorney, why can't we do a resolution requesting the Manager to put all stop on this until it's brought before our Commission at the last meeting in January and that every one of us is informed as to what is happening? Ms. Mendez: So, as I -- as I described, to put a stop on permits in a particular -- you know, a particular type of permit, all tree permits, it's considered a moratorium and we have to do it, either a Code change, we have to do an ordinance, we have to do one of those types of scenarios. Vice Chair Carollo: I'm not -- 1'm not saying that we're going to stop,l'm saying that we're requesting of the Manager -- Ms. Mendez: Right, it's for three weeks. We're stopping, it would be a month, the next meeting -- so, we would put a stop on permits for a month. It's considered a -- Vice Chair Carollo: Well, you know what I'm tired of? I'm tired of (UNINTELLIGIBLE) bureaucrats that have more power than elected officials here. And we have no idea what they do, what actions they take, why they take them. And we have one person there that they act as if they're gods, the tree god. They decide, you know, what people can do, what they can't do, and it all depends on who it is. Ms. Mendez: If these are -- Vice Chair Carollo: They bend backwards for the former City Manager when he had his little tree ha-ha, pardon my -- Ms. Mendez:: So, if these are on the right-of-way -- if these are on the right-of-way, there are certain emergency measures that Public Works can take stopping permits on the right-of-way, from issuing those. If they're considered -- like Ms. Mann brought up, that there's sea level implications and some emergency issues with that, that is the way I think on the right-of-way that we could stop some of these permits for a month. Because we've had these emergency -- we've taken these emergency powers on excavations and things of that nature. That can be done. On private property is where I run on the -- Vice Chair Carollo: But private property is private property. Ms. Mendez: Okay. So, we can work with Public Works with regard to a right-of-way stoppage for a month, I believe. Commissioner Reyes: Mr Chair if may? Vice Chair Carollo: Yes, sir go ahead. City of Miami Page 17 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Reyes: And I do agree that we have to, at least we have to challenge the County because they cannot do, like all those apartment buildings that they want to build, and they are affecting our neighborhoods. But I'm a little concerned about placing -- I mean stopping all -- on permits because I don't want this to spill into private properties or other areas that are within the City of Miami, that there are trees on right-of-ways that they have to be removed in order to improve the area. And I had that problem in Coral (UNINTELLIGIBLE) that we had to remove about three to five trees or four trees that they were in the way, you see. They're going to be replaced. But what I want to make sure that any -- any trees that have to be removed in other areas, you see, because there -- it is a project that is going to -- that is being done for the -- Jrothe benefit of the area in order to improve the area, could fall into this and it could be delayed. I mean what I'm trying to say, Madam City Attorney, is if we are going to pass any type of resolution, it has to be very specific of where it's going to apply because, for example, on 5th Street Northwest and 30th Avenue, we had a -- we have to remove some trees and I don't want this, if we have this resolution that will affect any other because we have a lot of public works on the streets that we are trying to start that -- and some trees have to be moved because they are in the way or they -- and I don't want those projects to be delayed. Ms. Mendez: Understanding that Commissioner Carollo's requesting some sort of stop with regard to this project and this area. Commissioner Reyes: Absolutely, that's it. Ms. Mendez: However, Dr. Ihekwaba -- Vice Chair Carollo: (UNINTELLIGIBLE) US -I. Commissioner Reyes: (UNINTELLIGIBLE) US -I. Ms. Mendez: Dr Ihekwaba has explained that some of these permits we're not involved in, so obviously it's the ones we're involved in that we can assist. Commissioner Reyes: Well, make it US-1 only. [Later...] Vice Chair Carollo: Okay, we're back to speakers for the rest of the agenda. Sir? Daniel Maland: Fantastic. Thank you. Madam Chairwoman, Mr. Presiding Chairman, Commissioners, my name is Daniel Maland, I am a resident of 33137. I am a third generation Miamian and a proud father and also a worker in this community. And I'm here to talk about another opportunity to preserve and improve a really vital natural resource of the city. And it's something that looking around the room is something that I think you're going to hear a little bit more about, so I'll keep it brief in honor of the spirit of the meeting. Vice Chair Carollo: Thank you. Mr. Maland: Talking about Morningside Park, and the need to maintain that park for not only my children but their children. And most importantly, to make sure that my children are able to use it and enjoy the facilities like, Mt: Chairman, the tennis facility, which is beautiful in the park that proudly bears your name on its plaque. It's almost inaccessible after a rainy day. Vice Chair Carollo: Whose name is there? Mr Maland: Yours. City of Miami Page 18 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Vice Chair Carollo: Really? Mr Maland: Yes, sir: Vice Chair Carollo: I didn't know that. Mr Maland: And I'm telling you, my son wants to he a scientist, so getting him to go to the tennis courts is tough, but we're proud to see your name on that plaque. Vice Chair Carollo: Thank you. Mr Maland: But unfortunately, to get to that plaque, he has to wade through about ankle-deep water after every rainstorm. And this is an issue that I'm proud to say Madam Chairwoman and Commissioner Russell have heard from the community, have come out and spoken with us, and have presented really impressive plans that require the commitment of this board, these chairpeople, these Commissioners. And we believe that the buck starts here. To start investment in this community park, to start an investment in a gem that should be there for future generations. Starting with a stormwater master plan and continuing through a shoreline plan and making sure the neighborhood itself is no longer flooded and the park itself is preserved for future generations. Thank you. Vice Chair Carollo: Thank you. Ma'am, you're next. We rotate back and forth. Elaine Black: Good morning. First of all, Chairwoman Christine King, 1 am so proud of you, my district Commissioner My name is Elaine Black, Liberty City Trust, 4800 Northwest 12th Avenue. I have, with me, Mr Jose Figueroa who is from Dynamic CDC (Community Development Corporation) and the Puerto Rican Chamber of Commerce. The Liberty City Trust anticipated spending all of its dollars from award Number 22 -- 2522 which was for redevelopment of housing in the Wynwood area. The project has gone very well, and we anticipate that the -- that the project will be completed by January 2022. We still have monies available in the budget, approximately $454,000, and we would like to have that added to our budget that ended September 30th, 2021, to carry on those activities. So, we would like to have our budget revised to include those dollars plus some other dollars that are available to the Liberty City Trust for our 2022 budget. Thank you. Vice Chair Carollo: Okay. Chair King: Thank you, Elaine. Vice Chair Carollo: Thank you. Rachel Furst: Good morning Madam Chairwoman and Commissioners. My name is Rachel Furst, I'm a resident of 33137 and I'm here -- Vice Chair Carollo: Hold on for a minute. Can -- can someone keep that door closed so that we don't get all the noise coming in here and they're not interrupted as they speak? Ms. Furst: Thank you. Thank you, Commissioner. I'm a resident of 33137 and I'm here today in my capacity as President of the Morningside Civic Association. We represent 200 members in a community in Morningside. And I want to speak in support of PA.2, it's the personal appearance of Neil Robertson, who's going to be about Morningside Park later today. And just relay to this -- to this body that the Morningside Civic Association passed a resolution yesterday, which I have -- which we have provided via City of Miami Page 19 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 email to the Commissioners, in support of the City'.s plan to improve and enhance Morningside Park. And in particular, to fund the City staffs recommendation as to a stormwater master plan, to drain the water out of the park, and to drain the water out of the surrounding streets. To fund the City's shoreline plan. To fix the crumbling seawall that exists there today and to keep the hay water out. And to build a new pool, but to do it in a sustainable and resilient way. Morningside Park is a beautiful city asset. It's 40 acres right on the bay and it needs investment. We have watched while other parks throughout the city, and in District 2, have been improved and renovated, and new parks built, and it's time for Morningside Park to get some attention before, really, it's under water. So, thank you for your time and attention and, please, make a sustainable investment in this beautiful city asset. Vice Chair Carollo: Thank you. Sir? Samuel Latimore: Good morning, Commissioners, and congratulations to the new Chairwoman. You make us exceptionally proud as we have tried to say that. My name is Samuel Latimore, and I was one of the graduates in 1971 from FIU, earning a Bachelor's in Social Work and Criminal Justice. And so, I'm one of those people who utilized that opportunity to move on and do some things. I am here in support of the last pocket item and the extension of the budget that the Liberty City Trust is proposing. They are doing some outstanding work with the people in this community, and I support that.l also want to commend Commissioner Carollo for identifying what major issues there are in terms of the homeless -- the homelessness. Drug addiction and mental health are major contributors. We have been working with the City of Miami on that. And 1 represent the Charles Hadley Neighborhood Association, 1 am the President. 1 want to commend you for that because that is at the issue. As a retired former Police Major Corrections Superintendent, and I had an opportunity to deal with those people on the street, I was the one that was sent to handle them as a police offr,cer. And you're absolutely correct, addiction leads to mental health issues, and we need to address that. Lastly, I want to remind you that January 9th is Police Appreciation Day. Every year nationally, police are recognized throughout the country on that day, on January 9th. Unfortunately, and fortunately, it comes on a Sunday. I want to encourage the Commission and all of you who have an opportunity to recognize your police officers on that day. Police officers are being ambushed, they're committing suicide, they're resigning, and I think that the absence of police -- communities showing them their appreciation. So, January 9th, Police Appreciation Day. I would strongly suggest that you encourage everybody in the City of Miami to recognize their police department. Thank you. Vice Chair Carollo: Absolutely. Thank you so much for reminding us of that. Ma'am? Spring McManus: Hello, good morning, Vice Chairman and Madam Chairwoman and Commissioners. My name is Spring McManus and I'm a resident of 33137. And I'm here today to speak regarding PA.2. I live across the street from Morningside Park on 7th Avenue and Northeast 52nd Terrace. We use the park on a daily basis, except when it is under water I'm here today to speak regarding -- and to request that the City allocates funding and improvements to Morningside Park. The park is one of the great treasures of Miami, but after heavy rains and king tides the park becomes a marshland, and our streets turn into rivers. The park becomes unusable for days and sometimes weeks. And we have to put on fly fishing gear just to walk our dog. Kids and adults that use the fields for soccer and football are not able to use the fields for days, as they are mucky marshlands. When the king tides happen, the walking path along the shoreline is completely under water And the Nature Conservancy has presented resolutions for this, and I ask that we please listen to their scientific research and, follow their lead. They are expert -- they are the experts. So, I request again that funds please be allocated to specifically install drainage systems and seawalls so that the park can be used by all on a more regular basis. As much as I City of Miami Page 20 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 care about the design, we do not have enough time to debate this, and if we don't do something about the drainage, the park will be under water. So again, please, 1 am here requesting that funds be allocated to the improvement of our park. Also, the swimming pool which is, you know, not been able to be used for over five years. It's an eyesore, it blocks views of the bay, and most importantly it's -- it, you know, the City needs to provide places for children to learn how to swim and access to public pools. So, you know, it's my understanding that to keep the pool in the location where it currently is would require significantly more tax dollars. So, to move the pool I think is -- is -- I hope that will be taken into consideration. It's, you know, it breaks my heart when I'm confronted with children that can't, you know, that live in Miami, grew up in Miami, and never have access to being able to go swimming and to learn how to swim. So, you know, that is another point that 1 hope will be resolved. So, I appreciate all of your attention to this matter and thank you very much. Vice Chair Carollo: Thank you. Ma'am, good morning. Carolvne Donaldson: Good morning and Happy Holidays and congratulations. My, name is Carolyne Donaldson, I am the Vice Chair for Grove Rights and Community Equity, Inc., GRACE. And I'm here to express our support far PZ.9, which amends Ordinance 13114, changing the responsibility for reviewing and making recommendations from the Urban Design Review Board to the Historic Environmental Preservation Board. We certainly have a strong interest in what happens to Charles Avenue and other areas within the historic Coconut Grove. And we feel that that would be most appropriately placed. Good morning and thank you. Vice Chair Carollo: Thank you. Sir? Rene Contreras: Good morning, Madam Chairwoman and Commissioners. My name is Rene Contreras. I am a resident and hoard member at large for Morningside Miami Neighborhood and I'm here in support of PA.2 as well, to support the Miami Morningside Master Plan, I hope we are able to get some funding for the park. We've had it under water whenever it rains for far too long along with the streets. And I hope we are able to get funding for the park. Thank you. Vice Chair Carollo: Thank you. Sir? Reynold Martin: Good morning. Reynold Martin, Village West Homeowners and Tenants Association. Congratulations, Madam, and to the rest of the Commission. I'm here to support two items. The first one is PZ.9, 10772. The Village West Homeowners and Tenants Association have long supported the NCD.2 (Neighborhood Conservation District). We think that it's appropriate to protect Bahamian and the island influenced architectural styles and character of structures in the Coconut Grove Village West and particularly historically designated Charles Avenue. We feel that approving this item would certainly stem the encroachment of unsightly and out -of -character residences and structures that contribute to the destruction of the neighborhood's ambiance. The second item that we would like to support is PH.2, 10934. Approval of this item would make it possible to continue the department to approve projects that have been stalled for an unusually long period of time due to rising surveying and construction costs and other pandemic related factors. Additionally, affected families have been faced with an undue financial burden as a result of the delays and this will be providing a sense of relief. I want to thank you for your attention to these items. Vice Chair Carollo: Thank you, sir. Go ahead. Jonathan Rae: Madam Chairwoman, congratulations. Commissioners, Mr. Manager I'm here to speak, as many of my neighbors, on support jar the Morningside Park Master Plan improvements. Our park is under water We're losing the park. Citizens, residents, go there every day and many days of the year on any normal City of Miami Page 21 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Miami rain, large parts of the park aren't usable. We're in desperate need of a drainage plan, we're in desperate need of revitalizing the shoreline. It's being eroded, it's being eaten away. Children, many residents, people playing soccer people going for picnics, all different uses of the park. We have an amazing 40-acre park asset for the City of Miami and we're losing the park. I know we have a No -Net Loss Park Ordinance and we're losing the park not to development or construction, but to nature and to water So, I really ask the City Commission to support the funding needed for the park. We have money hopefully available, and this is desperately needed. I'd also like if the Commission can direct the Administration to work directly with the community, not just the Morningside neighborhood, but the entire community, to look at what we can do to the park to make sure that small items within the park that neighbors may disagree on don't hold back the overall larger master drainage plan and shoreline restoration plan. Thank you very much. Todd B. Hannon (City Clerk): Chair if I could get the speaker's name? Sir? Sir if I could get your name? Mr Raiffe: Jonathan Ramie, 499 Northeast 55th Terrace. Mr Hannon: Thank you, sir Mr Raiffe: Thank you. Rudy Shango Theophin: Good morning. Congratulations, Commissioner King. So, I'm here in reference to item PA.2 as well, Morningside Park. It's a beautiful park as we all know. At the end of the day, you know, we may look at it as a situation where there's a park, where the flooding issue impacts five homes. Maybe impacting five homes today, tomorrow we don't know, right? So, we've got to -- we're saying the same thing, we've got to really invest in the infrastructure. I mean all these other parks in the City of Miami, they're getting the proper needs and concern, and we as well should invest in that park. The park is something that's dear to me. My brother moved back to Morningside. Before we went to New York 1 used to go to Morningside Elementary and we used to go to that park. The most beautiful park that I know, personally. What's the point of having a pool that we can't use, okay? So, it's like looking at a car that doesn't work. I mean at the end of the day, I definitely call for the Commissioners to invest in this park. And at the end of the day, we need this park, right, so let's invest in it. Enjoy the balance ofyour day. Vice Chair Carollo: Okay, thank you, sir Mr Hannon: Chair, I'm sore, can I get the speaker's name? Mr Shango Theophin: It's long. You want my name? It's Rudy Shango Theophin. Mr. Hannon: Thank you. Beau Cassidy: Good morning Commissioners, Madam Chairwoman. I, too, am here in support of PA.2, the Morningside Park Master Plan Resolution. I moved -- I bought the house in May. It's my first house. I've worked really hard to buy my first home. And what I didn't know is that in a month, my garage would be underwater, and my stuff would be destroyed, that I was storing in my garage. The water level, as you will see in the presentation video, it gets so bad that I feel like I'm staring at a river out my front door, and it's scary because I don't know how far that's going to go. So, please support this because I'm scared of losing part of my home. Thank you. Mr Hannon: I'm sorry. The speaker's name? City of Miami Page 22 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Mr. Cassidy: Oh. My name is Beau Cassidy. Mr. Hannon: Thank you, sir. Vice Chair Carollo: Thank you. Sir? Sonny Jean Baptiste: Good morning. Congratulations on the election and everything else. Also, congratulations on getting reelected. I'm also here speaking upon the park situation. Which I've been in this community, which is 33137, for the past what, 39 years? And that's definitely a jewel for our community and I definitely need our Commissioners to actually move upon this because now my son is being affected by that park also. And we love to play football there. We love to play basketball there, and he rides his go-kart there. So instead of letting him come speak, I came to speak for him and just definitely would like for this to get resolved as quick as possible before we get under water Thank you very much. You guys have a great day. Vice Chair Carollo: Thank you. Mr Hannon: And Chair ifI could get the speakers name? Mr Baptiste: My name is Sonny Jean Baptiste. Vice Chair Carollo: Okay. Your name, sir? Eli Stiers: Good morning. My name is Eli Stiers. 1 live at 509 Northeast 57th Street in Morningside with my wife and three children. 1 am also a business owner in the City of Miami cis well. Congratulations, Madam Chairwoman, distinguished members of the City Commission. You've heard compelling testimony, I think, from several of my neighbors. I am also here to speak on item PA.2, in support of my -- one of my neighbors, Neil Robertson, who you'll hear a public comment on later. My request is very simple. Save Morningside Park. It's that simple. The park is in crisis. We go there nearly every day with my children. We have to save it from the sea and the rising flood waters. We have to save it from those who stand in the way of efforts to preserve and improve the park in the name of historic preservation. We have to save it for those who wish to enjoy the park in the future. We have to save it for the homeowners, like my friend who just spoke, who live near the park and who depend on its drainage system to provide that -- that release of the water so that it doesn't inundate their homes and their yards. We have to save it for children like my son. You'll see a photo in the slide presentation later, of my son kicking a soccer ball on the paved walking paths because the soccer fields are so inundated with water We have to save the pool. Probably move it from the waterfront and rebuild it in a better location so that children can learn how to swim in our community. We have heard the City's plan. We feel that it presents a reasonable, well -conceived strategy for addressing water and cartilage and drainage. And most importantly, it maintains the character of the park while also renewing it for the needs of the 21st century, which is -- we all know this park was built in the 1950's. The needs of the 1950's Miami are not the same needs we have today. So, we support the Citys plan. We appreciate the City's professionals that have worked on this. We trust the science. We urge the City to act now before we truly lose this beautiful public asset for good. The MCA (Morningside Civic Association), as you heard before, represents 420 homes. It counts 250 member residents. And, we were elected by the residents of the community to represent them and speak for the community. We have twice endorsed the City's -- the Park Department's plans for this park through resolutions in 2019, and just recently, on the most recent general plan. So, there is broad consensus within the community that this park needs investment and attention from the City. There are certainly disagreements over certain elements. People will always find things to quibble about over amenities in the park, the location of certain amenities, and things like that. But one thing we all agree on is the City of Miami Page 23 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 park needs investment. This is a city park. It must serve the needs of the City's interest above all else. Because there will he no pool, there will be no soccer fields, there will be no picnic areas, et cetera, if we do not act now to save the park from the rising waters. The City's professionals have presented compelling evidence that the park needs millions of dollars invested to save the park, which is a lot of money, admittedly. But the value of this park -- it's 40 acres in the upper eastside, is priceless. These repairs have been a long time coming -- Vice Chair Carollo: Your two minutes have expired; you've got ten seconds more. Mr Steers: Ten seconds. Thank you, Mr Vice Chair I've got ten seconds left. These repairs have been a long time coming. The longer we wait to fix the park, the more expensive it gets. The longer we filibuster and hear from -- you'll hear from another one of my neighbors, Mr Cruz. Let's not filibuster anymore. The city should follow the advice of its professionals, save all further damage of this park, and please, save Morningside Park. Thankyou. Vice Chair Carollo: Thank you, sir. Sir, your name? Keith Movarick: Hello. Good morning, Commissioners. My name is Keith Movarick. I'm Chief Technology Officer of Swiftmile. Swiftmile is a provider of third party parking systems for e-kick scooters and bicycles. We also have the ability to track and aggregate data on usage and occupancy of these charging stations and parking stations. We look fonvard to Miami's program growing and being there to help support it. l f you have any further questions about parking for e-scooters, please contact us. Thankyou very much. Vice Chair Carollo: I do have a slight -- not a question, a request. Mr Movarick: Yes. Vice Chair Carollo: I know that there are more companies than yours, but if you could at least help us for the New Year Celebration that we're having in Bayfront Park, at least for that day and those days around the holidays, if we could keep the scooters off of Biscayne Boulevard in front of our parks Bayfront and Ferre, so it doesn't look like a used car lot for scooters, we'd be greatly grateful because we have a lot of visitors and tourists that will be coming and attending the New Years Eve Celebrations there. Thank you. Mr Movarick: I appreciate that request. Unfortunately, we are not the scooter operators. We provide the cleanup solution for the mess they provide. So -- Vice Chair Carollo: Okay, well -- Mr Movarick: Thank you very much. Vice Chair Carollo: I appreciate it. Sir? Ed Prelaz: Good morning, Madam Chairman -- woman -- and Commissioners. My name is Ed Prelaz and I'm speaking in support of PA.2 regarding the storm water planning in Morningside Park. I'm a 30 year resident on 55th Street, which is directly affected by the repetitive flooding and has caused property damage, inability to access or depart from family homes, and I've watched families relocate their neighbor -- I've watched neighbors relocate their families in direct response to these conditions. The events were worsened after a recent expansion of the tennis court, which eliminated important swale which carried the flood waters to a discharge location. Over the past three years, City staff has put an incredible amount of time and attention on this issue City of Miami Page 24 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 and we're very grateful. Working with Morningside Civic Association, the staff has identified the issues, the resolutions, and a strategic plan to correct these conditions. Please assist us in obtaining the funds for this project which is tied to the entire Morningside plan. Thank you very much. Vice Chair Carollo: Thank you. Ma'am, if you could state your name, please. Jena Saul: Hi, good morning. Jena Saul. Congratulations, Madam Chairwoman. I'm speaking in support about the review of Village Island -- Village West Island District and Charles Avenue, new construction additions from the UDRB (Urban Development Review Board) to the Historic and Environmental Preservation Board. Having an enforceable design or style vernacular in historically designated street is defining as it preserves the culture and the history of an area and its importance in time. Florida is home to many amazing historic districts with design guidelines. Hollywood, Ocala, Mount Dora, and Boca Grande, near Fort Myers. Design guidelines actually strengthen the identity of an area, solidifying legacy, pride, property values, and fulfilling continued commerce, continuously seen in areas like Coral Gables, Weston, and Coral Springs. You seem to know once you've crossed a threshold into these areas, as the architecture style shifts, and they 're all the more special because of it, as it's clear that people continue to choose to live, work, shop, and dine in these areas. Enforcing West Grove style vernacular could champion these same principles into our own neighborhood. Interpretations of a style vernacular are always welcome, and interpretations are in the spirit of the entire Coconut Grove Community. But, allowing or granting permits for buildings to go up that blatantly disregard an established style vernacular should not be allowed. Thank you. Vice Chair Carollo: Thank you. Sir your name, please. Michael March: Good morning. My name is Michael March. I live at 3586 Charles Avenue in a shotgun shack built in 1935. I'm here tonight -- today, this morning, to speak against PZ (Planning and Zoning) Item 9. It was wrong of the Commission to allow the commercial upzoning on Charles Avenue for the Grove Inn, on my street of Charles Avenue. It should not have mattered that this project was sponsored by the West Grove Legacy Family of the Stirrups. And since this up zoning passed, it has begun a domino effect of commercial intrusion into the West Grove, an area which is supposedly so special it got its own NCD, or Neighborhood Conservation District. After allowing this commercial intrusion, it is hypocritical of the Commission to heap higher regulations on those of us homeowners who will be left between all of this new commercialization. Bear in mind, I am still grateful to the four out offive Commissioners, including Commissioners Carollo and Reyes, who helped grant my appeal against the individual historic designation of my home several years ago. Back then, I was joined by over a dozen of my neighbors as fellow appellants, including members of the same legacy Stirrup family who more recently asked you for a commercial upzoning on Charles Avenue. This is already a historically designated corridor, where homes older than fifty years, like mine, cannot be demolished without approval from the Historic Preservation Officer In summary, such increased regulations will only serve to depreciate the property values for the old-timers on my street, as well as the newer residents that look like me. Sadly, it will also serve to deprive many of the legacy Black families that remain on my street, of their hard won generational wealth. Please vote against PZ Item 9. Thank you for listening. Gilber Hernandez: Good morning. My name is Gilber Hernandez, 3418 Charles. I'm here because I'm against PZ.9. I don't like the double standard we are being subjected to, allowing wealthy well-known families to do whatever they want with their properties, like building hotels, but not allowing hardworking people like me do the same. I was able to purchase my home three years ago, and even though I don't have plans to build anything because I have a mortgage to pay, I don't want anyone to City of Miami Page 25 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 dictate what 1 have to do with my property rights, while allowing others to do as they please. Lastly, I think the focus should he put on Charles to fix the potholes and perhaps fill -- put in more trees and fixing Mariah House Brown -- Mariah Brown's House so -- because honestly, I think it an embarrassment for the City. That building is like with bushes everywhere. Every time I walk by, I expect anybody to jump out of there and you know, jump or kill me, you know? So, thank you. Vice Chair Carollo: Thank you, sir Sir, your name? JB Diedrich: Good morning. My name is JB Diedrich, 3475 Hibiscus Street. I'm here to speak against PZ.9. And, first of all, Commissioner Reyes, Commissioner Carollo, how are you guys? How are you, Commissioner Russell? Commissioner Russell: Good to see you. Mr Diedrich: Congratulations. I'm here -- Vice Chair Carollo: Hold on, hold on -- Mr Diedrich: I'm sorry. Vice Chair Carollo: -- hold on. See, this is why in America, no matter if it's Miami or what part of America, we still have the concept that there is no substitution for winning number one. See, she was named Chairman, 1 was named Vice Chairman, but everybody just congratulates her. They didn't congratulate number two. So, keep that in mind. You know -- Mr Diedrich: She's a lot better looking than you are, Commissioner I'm sorry. Vice Chair Carollo: There's no substitution. Well, I agree with that too. But there's no substitution for one. That's why you always have to -- that's why people strive to be number one wherever they're at. Mr Diedrich: There you go. She's still better looking, sorry. Well, anyway I want to thank you guys again for the support you gave us back when we were fighting historic designations under the thematic designation. The reason I'm here is in support of my - - my friends on Charles Avenue because as you guys know, I'm more of a preservationist, and I'm rebuilding rather than knocking down and starting again. So, I really believe in restoring what we have. Except that I find the HEP (Historic & Environmental Preservation) Board to be dysfunctional. As far as I'm concerned, I cannot see how they -- I have not yet seen them perform in any manner that would be positive in our neighborhood. You guys have how many, historically -- new historic resources in the neighborhood? Like 20 of them that are now 3 years old and there's very little change that's come to them. I really think that to leave what is not a historic district and try to slide this historic thing continuously, continuously, it's exhausting. So, I would ask you guys to please leave the things the way they are. Leave it to the UDRP [sic]. Support our friends on Charles, and let's try to do things right. In the meantime, I'm still restoring mine. Thank you. Have a great day. Good to see you guys. Vice Chair Carollo: Likewise, thank you. Si,, your name. Anthony Vinciguerra: Hi, good morning. My name is Anthony Vinciguerra, from 3325 Charles Avenue. And congratulations again, Chairman King. Thank you for joining the Commission. I'm here representing not only myself as -- looks like we've got some problems with the TV there. Okay, sorry. Oh, it's not? (COMMENTS MADE OFF THE RECORD). City of Miami Page 26 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Mr. Vinciguerra: So sorry, technical difficulties. So, I'm so sorry, I'm representing not only myself today but a community coalition in the West Coconut Grove called Preserve the West Grove. We represent over 40 families in the West Grove and want to join our friends and colleagues from the Homeowners and Tenants Association of Coconut Grove, the largest, most historic organization representing residents of West Coconut Grove and GRACE, the amazing affordable housing group, to please encourage you to support PZ.9. I just wanted to show a quick visual as to say why is this so important? Why is PZ.9 so important? We all know that West Coconut Grove is one of the most historic areas. Not only in the City of Miami, but of the State of Florida, due to the historic Bahamian and African American settlers who helped build Miami, who were able to own property there. This is why Charles Avenue is designated historic as historic thoroughfare and why the Neighborhood Conservation District was created. And think we know that the intent of NCD.2 is very clear, it's to recognize the special and substantial public interest of Village West and Charles Avenue, and the incomparable legacy of African American communities and Bahamian communities that helped build it. That's why in NCD.2, it talks about architectural guidelines that will respect that history, that will produce visual compatibility among the buildings in Charles and throughout the district, building traditions representing the Caribbean and early African American settlers. And some people say these design guidelines are general. They're not. They're really specific. It talks about the unique visual -- vernacular character of these buildings, representing, again, the Caribbean, African American early settlers. They're defined by the City very clearly. And we've seen this in historic Stirrup House, there's actually my home at 3325 Charles Avenue which 1 restored. And we see the same type of architecture throughout the Florida Keys. Again, representing this historic community. Unfortunately, however, in the last 15 years we've seen these houses being lost. And instead, they are being replaced by buildings like this, that clearly do not represent the historic character -- vernacular character of the Caribbean or early African American settlers. This is despite the fact -- and there's more and more being built every day. This is again, despite the fact that the NCD.2 Law, the current law is very clear that buildings, new construction, should represent vernacular building traditions of the Caribbean and early African American settlers. And unfortunately, UDRB is simply not the right group to enforce this. They haven't been. Vice Chair Carollo: Sir, your time is expired. I'll give you another ten seconds to wrap it up. Mr Vinciguerra: Great. Thanks so much. So, our question is why hasn't this been happening and we do believe that UDRB is simply not the right group to be doing this. That the HEP Board would be the group that's capable and has the proficiency to enforce what is currently law and what has not been enforced. So, we ask you to please vote yes on PZ.9 and to work with us to help preserve this important community in the West Grove. Thankyou. Vice Chair Carollo: Thankyou. Thankyou. Morning. Kathy Parks Suarez: Good morning. Welcome, Ms. King. Nice to see a lady on --font and center. I am here to speak against the Changing of the Guard for PZ.9. We've upzoned 41,532 square feet of single family residential properties in order to build a hotel on historic Charles Avenue. Makes no sense to me. If you divide that number by 5,000 square foot lots, which is the small -- which is the smallest conforming size lots for West Grove, that's 8.2 houses. If you divide that number by 3,950, which is a non- conforming lot, which is -- there's many of in Village West, that's 10.4 single-family homes we're eliminating. It just doesn't make any sense. There's 18 plus vacant lots on -- on Charles Avenue, on both sides of the street. It's unfair to the legacy families that have been holding onto those lots for over a hundred years, but they not be able to make what they should make. The Mariah Brown House that they City owns, or City of Miami Page 27 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 whoever, is sitting. It's just a stage and it's a blighted property. Several of the people have had to fight the designation where the HEP Board literally does like a drive -by shooting. 3603 Charles has a modern addition. It was designated without the owner's knowledge, and to sell it, they had to fight the designation. Many of the boards are compromised by some of the people that are on them, and it's just really unfair Pr those people who have moved into the neighborhood, are paying the higher taxes, and truing to keep the neighborhood a little bit better. Only thing that's being shown up here is modern boxes, the sugar cubes. In 1985 Miami -Dade County Housing put homes on Charles Avenue. They are just regular stucco Florida homes. There's many other regular Florida stucco homes on Charles Avenue. So, to change this to the HEP Board, really just doesn't make any sense. And I'd appreciate you all to vote no to changing this, PZ.9. Thank you. Vice Chair Carollo: Thank you. Ma'am? Renita Holmes: Yes, Sir Good morning, Commissioners. Congratulations Madam Commissioner King, my Commissioner. It is nice to see a lady up there. It's been a long time since Athalie Range and Michelle Spence -Jones. And although these are gentlemen, it's just nothing like ladv's touch. So, having that insight, I am here to speak to you briefly. And I want to say thank you for listening to me the other week. I'm having a problem breathing. I'm one of those persons who believe no matter how you build a home or how you maintain a home, that air quality, indoor quality is important. And as we begin to rehab or put them back out there for usage, whether it be housing economic development, it important to know that elderly persons who own this, who are still carrying their family legacies, don't quite understand zoning. I also mentioned to you and asked the question about do African Americans, poor people, or do Hispanic persons participate in land use and zoning and we need to look at that disparity. About how we participate in the changing rules and laws of development or land use. Because as we hear CLEO (Climate Leadership Engagement Opportunities) talk about, and a lot of institutions we know with climate and resiliency'. One of the biggest disparity for those of us like myself who have a problem breathing because some homes are old, you either tear them down or you demolish them, but there are weatherization programs and we can talk about renovating the bay, but do we talk about some of the weatherization problems we have as a result of the climate change and the flooding in our district, Madam. And I'm thankful also for the City of Miami for using that Brownsfield grant money, or at least half of it, to teach most of us. Some of us, graduated, are clerks in your office, as a matter of fact. So, it was so important then, it's so important now, to know that on every side of building there's a despaired group. And with that, I wanted to speak to you in regards to PH.4, very shortly, and tell you that that money that you're moving around is great. That is the biggest gap I'm having. You would think that someone who engages and does outreach, and our homes be the same property service would be able to reach it, but our rules are not necessarily parallel or in line with the regulations the HUD (Housing and Urban Development) allows us when we talk about providing support services to those that are transitioning. Camillus House has no transition, 12 years we do it. So, I'm going to leave that right there. And, lastly -- Vice Chair Carollo: If I can -- I hate to interrupt you -- Ms. Holmes: Yes, sir? Vice Chair Carollo: I hate to interrupt you. Your timers up. I'll give you another ten seconds to wrap up. Ms. Holmes: Thank you, Commissioner. So, in closing, I'm questioning who we have on -- put on these boards for like the Resilience Committee that are African -American, or that are dealing with the inner city problems of climate. I want you to please take a City of Miami Page 28 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 big look at that. Again, that's very short -- being able to relate and identify is important when you're providing services. We can he staffed on housing, but that does not make sure that we are staffed and certified on quality housing. Take an even greater look because for some of us it could be deadly. Thank you so much. Vice Chair Carollo: Thank you. Linda Williams: Good afternoon. Congratulations, Chair King, Commissioners. I'm Linda Williams. My property address is 3523 Charles Avenue. I'm temporarily residing at 3517 Hibiscus Street. I'm here today to express my appreciation and support for the Single Family Home Replacement Program as well as the Single Family Rehab Program. Just briefly 1'd like to share why. In 2017, Hurricane Irma delivered us a blow. My family, we -- we sustained structural damage. And while we were out as search members trying to help other families, we didn't realize that we were in trouble. This program will help other families like mine because I wasn't even aware of it. But 1 was guided to the website, the City's website, and found the Home Replacement Program. Very little advocacy has gone out, especially to the Village West community. There's no cookie cutter for the homes in Village West, but when I joined this program, I was given a list of contractors. In other parts of the City of Miami there were many homes being built under this program. So, I'm grateful today that our community is now aware. I'm grateful that 1'in aware and here to say I truly support. I attended many budget meetings over the last three years. 1 remember 1 got this contract in 2017 and each budget meeting, open to the public, I advocated that this line item not be deleted, and that additional funding be applied. So, 1'in grateful to hear grateful to know, and hope that you will vote and sustain the Home Replacement Program and also the Single Family Repairs -- Home Repairs Program. I'm also in support today of the PZ -- PZ.9. Thank you. Commissioner Russell: Mr Chairman? Vice Chair Carollo: Thank you. Commissioner Russell: Mr Chairman? Vice Chair Carollo: Yes? Commissioner Russell: I'd like to be listed as a sponsor on PH.2. It doesn't currently have sponsorship and I'd like to. Vice Chair Carollo: Okay. PH.2? Ms. Williams: Thankyou. Commissioner Russell: That is the Single Family Home Replacement subsidy monies. Ms. Williams: Yes. Chair King: Me too. Vice Chair Carollo: You can put me and Chairman King, in fact all of us as sponsors. Commissioner Reyes: All of us. Vice Chair Carollo: Thank you, ma'am. Ms. Williams: Thank you. City of Miami Page 29 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Vice Chair Carollo: Your name, please. James Torres: James Torres, President of the DNA (Downtown Neighbors Alliance). Congratulations. I'm going to come and shake your hand. Vice Chair Carollo: Thank you. Well, I'm glad someone has acknowledged me. Mr Torres: Congratulations to you too. Well deserved. So, we would like to talk about the carousel, the circus show, of the scooters, FR.1, 11135. We took some pictures the last couple days. They are on your screens. They are unaltered, unedited, not photoshopped, and the program is just not working the way it is. And what we're asking is if this is going to go into a permanent status, that it does not, at this point until these corrals that were talked about are in place, which they're not. That's not a docking station. That's not marked. That's in the middle of the sidewalk. That's over utilities. This was taken this morning, right next to Freedom Tower. Count them. Again, not photoshopped, not dropped. This is reality, folks. That's here in front of the building this morning when I parked. One helmet, nothing else. And I want to be very clear for the record like I have been from the beginning of time, the DNA, the BNA (Biscayne Neighborhoods Association) also support this. We believe in micro mobility but the way it's structured, it is not working. This is a disaster for what it is in District 2. Like I said earlier in the weeks, whoever voted yes, take a third of the third and put them in your district as well, please, because this is not working. There are -- there's several pictures that ifI sat here, 1 think we would be here until tomorrow night, or maybe Christmas. So, what we're asking, if this program is still going to move forward, allow Swiftmile, I think he made a presentation, fast track them to get the corrals. And I'll almost be certain that half of this problem would not be happening in the district. Again, we've been championing this message, it has not changed. But represent 20 to 30,000 in downtown, and this is reality. So that's what want to talk about. Helmets are not being done. That was something that was talked about too. Yes, we've seen improvement because the numbers have gone down, but it's not being done folks. So, we do need your help on this FR.1. I'm going to close out on that because there's another non -agenda item that I'd like to touch on ifI may, Vice Chair? If you give me eight seconds? Vice Chair Carollo: Okay. Mr. Torres: Resolution 21-0372, the homeless. We were here on that on 9/1/2021. We haven't seen anything. The ordinance, you spoke about it earlier today. Where is -- Mr. Noriega, where are we at on this? Because there's nothing -- nothing's being done and the problems are getting out of control because of the holidays. This is like a scooter program. Vice Chair Carollo: We have a pocket item where we're going to ask the Manager to give us an update. Mr Torres: Okay. So, if we can get that, that would be greatly appreciated. Thank you so much for the time. Happy Holidays. Vice Chair Carollo: Yes, thank you. Mr. Torres: Hopefully we'll see you on the 19th. I don't want to be a grinch on this program, but we got to figure this out. Please do not approve the permanent status of the program. Thank you. Vice Chair Carollo: Thank you for your time. Okay. Is there anybody else that would like to address this Commission on any item on the agenda today? Hearing none, then the public hearing portion of this meeting is now closed. City of Miami Page 30 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 MV - MAYORAL VETO(ES) NO MAYORAL VETOES There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. Vice Chair Carollo: Mr Clerk, are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair there are no mayoral vetoes. END OF MAYORAL VETO(ES) City of Miami Page 31 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 PA - PERSONAL APPEARANCE PA.1 PERSONAL APPEARANCE 11092 A PERSONAL APPEARANCE BY ELVIS CRUZ REGARDING WATERFRONT STANDARDS AND MORNINGSIDE PARK. RESULT: PRESENTED Note for the Record: For directive referencing Item PA.1, please see Item NA.6 Note for the Record: For additional minutes referencing Item Number PZ.I, please see "Public Comments for all Item(s)." Vice Chair Carollo: We have two personal appearances that have been scheduled, PA.1, Mr Elvis Cruz, is he here? Okay. Of course, you're here. Elvis Cruz: Thank you, Commissioner I also have a PowerPoint, surprise, surprise, and while I'm setting that up let me mention that -- Vice Chair Carollo: Okay. Elvis, let me say this. Mr Cruz: Yeah. Vice Chair Carollo: Normally we give five minutes. How much time are you going to need for your presentation? Mr Cruz: I think it would be about eight. But it will be worth it. Vice Chair Carollo: Okay. Can we give you six -and -a -half? Can you make it six -and - a -half? We've got a long agenda today. Mr Cruz: I'll do what I can with what you'll allow me, but it's well worth watching. Vice Chair Carollo: I'm sure that everybody feels the same way, but if you could try to cut it before the eight minutes, I'd appreciate it please. Go ahead. Mr Cruz: Thank you. I kind of lost some people here. Vice Chair Carollo: Well -- Mr Cruz: Okay. Vice Chair Carollo: You got two. I think the others will be hearing from their offices. Mr. Cruz: Yeah. Well good morning, Commissioners. Congratulations to the two Chairs. I'm here regarding the City baywalk standards, this is a supporter, and how they would affect Morningside Park in a proposed shoreline project. So, the baywalk standard calls for a 15 foot wide walkway, which is excellent for high density areas like Edgewater, Downtown, and Brickell. Here you see Morningside's six foot wide baywalk, the neighborhood park, like Morningside, has single family homes on three sides, a 15 foot walkway is simply too much hardscape and would displace too much grass. By comparison, a standard sidewalk on a residential street is only five feet City of Miami Page 32 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 wide. Morningside has had a six foot baywalk since it was built in 1953 and it works fine. I've never heard anybody complain it was too narrow. I've been there since `77. We have far less pedestrian traffic than a high rise district. Two people can easily walk side -by -side on a six foot walkway. The minimum width of a wheelchair ramp is three feet, so even two wheelchairs could pass each other on a six foot baywalk. Morningside's waterfront is a treasure the public has enjoyed for 68 years. We have picnic tables right next to the bay. It's a wonderful thing. The public loves the waterfront. Families take their family portraits there, couples get married there, and people picnic there. But the park does need to be protected from sea level rise, as my neighbors mentioned. For the past few years, the City showed us these pictures of living shoreline projects that start with the seawall at the water edge and go outward into the water: Notice the living shorelines do not intrude into the park, they preserve the park land. A seawall with a living shoreline was just installed at Wainwright Park. Sarasota has a living seawall, excuse me a living shoreline on a seawall. I drove there to photograph it. The public can enjoy the use of the waterfront right up to the waters edge. Then, ten days ago, the public saw the plan for Morningside had drastically changed. The living shoreline would start at the water's edge and go inward, into the park, turning our precious bayfront into a swamp. No one asked for an intruding swamp. Our waterfront recreational open green space is threatened because of a proposal by an outside group named The Nature Conservancy. They offered the City a $400, 000 completion grant. Here's how far back the swamp would extend, from 23 to 77 feet. This is the north end, this is behind the pool, southward to the boat ramp, from the boat ramp to the south wall. To create the swamp, they would dig a downward slope to the water edge. The yellow line is the existing ground level. The plan would also remove 10 trees, some of them 70 years old because of the 15 foot wide baywalk. The family portraits, the picnics, the wedding, all took place on land that would become a swamp. From the Morningside survey, do you think the waterfront should be modified to improve the view and access? The response was 63 percent yes, but this plan would do the opposite. This would harm our access and eventually, block our views when mangroves invade the swamp and grow tall. And who's going to maintain it? The City doesn't, pick weeds. This goes beyond trying to fix something that isn't broken. This would deliberately ruin something wonderful. I'm sure The Nature Conservancy believes in what it's doing, but they are not the recreation conservancy. So, here's an alternative, positive energy that protects the sea level rise and storm surge, but also preserves our precious waterfront green space. This concept puts a three foot wide seawall at the shoreline and raises the ground behind it with a berm with room for picnic tables, a six foot walkway, benches, and it saves the ten trees. This would save the waterfront for people to enjoy, instead of a swamp. Putting the seawall at the shoreline the way the City has done at other bayfront parks is common practice and common sense. Here's Wainwright Park's new seawall now finished. But look at the 15 foot wide baywalk. No room for grass. Seawalls protect the shoreline much better than a swamp and they're only 2 to 3 feet wide, not the 23 to 77 feet of waterfront width we would lose to the swamp. The problem with Biscayne Bay is pollution mostly from Little River. It's not a shoreline problem. A swamp won't fix the pollution. Morningside Park already has more than its fair share of nature areas. Here's a picture of the park when it first opened in 1953. Notice the open waterfront and unobstructed view. Here's that sane shoreline today, lined with mangroves. Now notice the tidal basin with an island at upper right. Here's the tidal basin in 1953. Here it is now, invaded by mangroves. We have 2.5 acres of mangrove swamp natural habitat already, with much wildlife. We already have more living shoreline along the banks of the canal, the tidal basin, and the island, and the linear footage along Morningside Parks entire bayfront. And there are other waterfronts nearby for living shorelines. There's a mile at 79th Street causeway, 2.8 miles at Julia Tuttle and several islands in the bay. Please, let Morningside Park keep it's six foot wide baywalk, which would save a lot of grass. Please put a three foot wide seawall at the shoreline, like other parks have, and please keep our waterfront land. for people to enjoy. Don't let an outside group turn our precious, priceless City of Miami Page 33 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 waterfront into a swamp. The Morningside Board passed a resolution mostly supporting the latest plans, even though there has been no neighborhood meeting to discuss all the details. The resolution does ask for prioritizing open space and increased access and views of the bay, which is exactly what I have presented today. I'm not sure if it asks to remove the Loop Road, but Commissioner Russell, you took a straw ballot at the meeting and it was strongly inn favor of keeping the Loop Road, which is exactly what the 2,100 signature petition and the Morningside survey asked. The Morningside general plan is supposed to be driven by public input. The City's presentation showed a new pool being built in the same location, but there was a misunderstanding at the meeting as some got the impression from a city staffer that a new pool could not or should not be built in the same location because it would be in a flood zone and 31 feet tall. To clam that, I met with OCI (Office of Capital Improvement) staff Director Angel Carrasquillo, Hector Badia, Jorge Mora and Keith Ng and three experienced engineers and an architect two days ago. They confirmed that a new pool can certainly be permitted there, and the top of the structure would be 25 feet 6 inches above ground level, which is lower than the building envelope for a single family home. That's also four feet lower than the Morningside Park community building. The 31 feet mentioned was an elevation above sea level, not ground level. Meanwhile, the City staffer who gave that presentation 10 days ago, is no longer with the City. The pool will be further protected when the seawall is built, which could lower the flood one. It would be very harmful to Morningside Park if the pool were to be moved because that would cause a chain reaction that would harm other existing facilities. This Commission did the right thing when it voted unanimously last year to keep Morningside pool in the same place, whether it gets fixed or rebuilt. Please resist any efforts to change that. The City has estimated the same cost for a new pool in either location. In closing, please let Morningside Park keep its beloved bayfront for people, with a three foot wide seawall at the shoreline, a six foot bay walk, and no swamp. It would be wonderful if one of you could move for a resolution to that effect. Thank you. Nee Chair Carollo: Thank you. PA.2 PERSONAL APPEARANCE 11144 A PERSONAL APPEARANCE BY NEIL ROBERTSON REGARDING STORMWATER PLANNING AND MORNINGSIDE PARK. RESULT: PRESENTED Note for the Record: For directive referencing Item PA.2, please see Item NA.6 Note for the Record: For additional minutes referencing Item Number PA.2, please see "Public Comments for allItem(s)." Vice Chair Carollo: We have a second personal appearance with Mr Neil Robertson. Neil Robertson: Thank you, Your Honor. Sorry, too many appearances in court. My name is Neil Robertson. I live at 5991 Northeast 6th Court. I certainly -- certainly -- currently serve on the MCA (Morningside Civic Association) Board. I've been -- as I told Chairman Carollo today, I have been appearing down here since the 1980s when he was, first on this dais and it's a pleasure to return. It a pleasure to welcome Ms. King to the Board. And Commissioners, if I may? I'm appearing on behalf of PA.2, the park, the MCA Board, as you heard earlier, has voted, it represents 225 homes -- dues paying homes. It's not a mandatory organization. Dues paying voluntary group that has voted resolution in support of the funding to cure the drainage issues that are City of Miami Page 34 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 rendered the park unusable. One City Commissioner told me -- one City official told me that the entails, as of yesterday, were running unanimously in favor of this program to help with the drainage. We, all of the people in the upper east side, want the money allocated now This work cannot be done overnight, and we need to start. The situation, as we all know, is going to get worse with time. Ladies and gentlemen, this is a park in crisis. And I'm going to try to show you, if they connect my -- there you are. Some -- some of the examples of what's going on here. This is the erosion along the waterfront. We've got the park under water for extended periods of time. This is the pahnetum that where -- where there is a palm with my wife's -- deceased wife's name on it. We want to preserve that area. But those palms are dying now where they are. And this is a drainage line that has been installed. And it seems my system jumps ahead of me. But that's just not a safe situation to have. And it's been there for two years now We need to resolve that issue. Here is your Loop Road, which has been a topic of debate, but it's under water. Here's another shot of the plant -- palmetarium [sic] and you can see people have to wade through the water to get out to those items. The Loop Road and the palmetum, again. This is the picnic area. You can see the park bench is in the water. This is a walkway. I walk the park on a fairly regular basis, usually at least three times a week. There are days when I have to pick my way through, around soggy ground, areas like this that cannot be traversed whatsoever. You can 't have a family picnic in a pond. You just can't do that. This is the young man that one of your earlier speakers was talking about who has to play soccer up on the walkway because there's no way to do it on the ground. More shots of water. This is not the day of but days after Again, areas where you can't fimction with what's intended. The street flooding that's related to this. This area, 55th Street, gets it the worst, but there's a lots of others areas in Morningside that also have it. This car is up well over its tire line. You can see a gentleman here walking through the water He had to push his mother -in-laws car out that had stalled out in the water area because it was so deep. Mr Pelaz also addressed this issue of people, there's a for sale sign. This is the garage that was flooded by one of the neighbors. That's happened at least twice to them. They spent almost $2, 000 in pumping out water from their garage. We need you to authorize the Capital Improvements Department to move on the designs for the shoreline restoration and drainage improvement. Grants for the shoreline are ready to move, the neighborhood drainage plans are ready to go. The shoreline with the new design provides a defense to wave action, it protects the park, and it provides not just view access from the walkway and the berm, but from four access points directly to the water, plus the boat launch area. Tidal erosion is destroying the current shoreline. Wash out of soil around trees has caused them to fall over onto the current walkway. Propping them up, as has been done, with two by fours is simply not a long term solution to this problem. While there are existing mangroves, no more will be planted, and the plannings that are, are to benefit the bay, cleanse it, provide a natural habitat, and a break wave action. This design will help the body of water that is currently dying. The fact that these are -- there are additional causes does not mean that we should not take action in this location. Drainage. Behind the new shoreline we're going to need drainage. This is universally accepted throughout the neighborhood. Even Mr Cruz and I agree on that aspect. It permeates the park and many, other streets around the park. Picnic tables, soccer fields, baseball fields are all unusable. Even walks as I indicated that I try to take, sometimes cannot be accomplished in the park. Outside parked cars -- cars outside the park are stalling out in the water that accumulates and as I mentioned, it's intruding into people's homes. The staff has presented a three step program to address this issue. We ask that you direct the staff to move on this critical need immediately and to move through each step as quickly as possible. I'd also like to address the pool/aquatic center When this Vice Chair Carollo: Can I hold you there for a second? Mr Robertson: Yes, sir City of Miami Page 35 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Vice Chair Carollo: Can you stop the clock? You've gone six minutes already. Mr Robertson: Okay. Vice Chair Carollo: How much more time are you going to need? Mr Robertson: I'm going to address the aquatic center and I'm done. Vice Chair Carollo: Okay. Very good. Thank you. Mr Robertson: Okay. When this Commission decided to keep the current location of the pool, we did not know how bad a condition the current pool was in or of the new FEMA (Federal Emergency Management Agency) flooding evaluation. The current pool has been closed for five years. It cannot be repaired, and it most certainly cannot be raised the 11 feet required by the FEMA VE flood zone requirements. Putting the aquatic center in the current location would waste City money as it would be more expensive to add the needed height and more expensive to maintain. Mr Cruz is concerned with views, but he wants to put a tall structure to obscure the extended section of the shoreline. It would be -- and 1 was basing this on what we were told at the meeting before, the tallest structure off the boulevard in Morningside. Placing it outside the VE zone would reduce that structure from 11 to 18 feet.l say that because I've heard both those numbers. At a minimum, you must remove the current pool structure. It's a public hazard, it's a mosquito breeding ground, it's a waste of at least an acre of unused land, and it blocks current views while providing no use, whatsoever, to anyone. Most importantly, however, is you must move forward with the plans to reduce flooding by creating a protective, usable shoreline and end the flooding in the park by drainage as outlined by your City staff. Theodore Roosevelt said the worst decision is one that's never made. We have lived without a decision for over five years. We cannot wait any longer. We all know water is coming. We need to start addressing it now. Thank you. Vice Chair Carollo: Thank you, sir. Okay. Commissioner? Commissioner Russell: Thank you. Mr Robertson: Oh, can I put two things into the record? One is the slides and the resolution of the Morningside Civic Association. Vice Chair Carollo: Very good. Mr Robertson: Thank you. END OF PERSONAL APPEARANCE City of Miami Page 36 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 CA.1 10856 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: Ken Russell, Commissioner AYES: Carollo, Russell, Reyes ABSENT: King, Diaz de la Portilla RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING SUPPLEMENTAL FUNDING IN THE AMOUNT OF $47,918.00 FROM THE DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") FOR THE FISCAL YEAR 2020 READINESS COOPERATIVE AGREEMENT FOR THE FLORIDA URBAN SEARCH AND RESCUE TASK FORCE 2, THEREBY INCREASING THE SPECIAL REVENUE PROJECT "FY 2020 — DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY ('FEMA'), URBAN SEARCH AND RESCUE ('USAR') COOPERATIVE AGREEMENT" FROM $1,222,631.00, PREVIOUSLY ACCEPTED BY RESOLUTION NO. R-20-0346, TO $1,270,549.00 TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE FOR THE CONTINUATION OF EQUIPMENT RECAPITALIZATION; APPROPRIATING FUNDS IN AN AMOUNT NOT TO EXCEED $47,918.00 CONSISTING OF A GRANT FROM FEMA FOR THE STATED PURPOSE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE, ADMINISTRATION OF, AND COMPLIANCE WITH SAID GRANT. ENACTMENT NUMBER: R-21-0488 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.1, please see "End of Consent Agenda." City of Miami Page 37 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 CA.2 10945 Department of Fire - Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN CONTRACT CAPACITY BEYOND THE CITY MANAGER'S APPROVED THRESHOLD OF FIFTY THOUSAND DOLLARS ($50,000.00) TO THE PASCO COUNTY, FLORIDA ("PASCO COUNTY") REQUEST FOR PROPOSALS CONTRACT NO. SS-19-125 FOR FIRE -RESCUE UNIFORMS, ON AN AS NEEDED BASIS, FOR THE CITY OF MIAMI'S FIRE -RESCUE DEPARTMENT ("FIRE -RESCUE") PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WITH DESIGNLAB, INC., A FOREIGN PROFIT CORPORATION, WHICH WAS COMPETITIVELY SOLICITED FOR A TERM OF FIVE (5) YEARS WITH AN EXPIRATION DATE OF MARCH 10, 2025, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY PASCO COUNTY; ALLOCATING FUNDS FROM FIRE -RESCUE GENERAL ACCOUNT NO. 00001.184010.552200.0000.0000 AND SUCH OTHER SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0489 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see "End of Consent Agenda." CA.3 RESOLUTION 11006 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THREE (3) RIGHT-OF-WAY DEEDS OF DEDICATION ("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 A COPY OF THE DEEDS. ENACTMENT NUMBER: R-21-0490 This matter was ADOPTED WITH MODIFICATION(S) on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.3, please see "Order of the Day" and "End of Consent Agenda." City of Miami Page 38 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 CA.4 RESOLUTION 11111 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO CONVERT THE LAND LOCATED AT 3351 PAN AMERICAN DRIVE, MIAMI, FL 33133, COMMONLY REFERRED TO AS THE "REGATTA HARBOUR GARAGE" ("PROPERTY"), TO A CONDOMINIUM FORM OF OWNERSHIP FOR PURPOSES OF AD VALOREM TAXATION; FURTHER AUTHORIZING THE CITY MANAGER TO CREATE AND EXECUTE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, A DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION, BY-LAWS, AND ANY OTHER DOCUMENTS NECESSARY FOR THE ESTABLISHMENT OF A CONDOMINIUM ON THE PROPERTY. ENACTMENT NUMBER: R-21-0491 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." CA.5 RESOLUTION 11125 Bayfront Park Management Trust A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE BAYFRONT PARK MANAGEMENT TRUST'S ("TRUST") APPOINTMENT OF MARK BURNS AS THE EXECUTIVE DIRECTOR OF THE TRUST WITH TERMS AND CONDITIONS AS SET FORTH HEREIN. ENACTMENT NUMBER: R-21-0487 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." City of Miami Page 39 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 CA.6 11012 City Manager's Office RESOLUTION - Item Pulled from Consen' A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING AND AUTHORIZING THE WAIVER OF INDEMNIFICATION WITH KING & SPALDING, LLP, A FOREIGN LIMITED LIABILITY PARTNERSHIP AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA ("K&S"), FOR THE PROVISION OF FEDERAL LOBBYING SERVICES FOR THE CITY OF MIAMI ("CITY") AS APPROVED BY RESOLUTION NO. R-21-0191 ADOPTED ON MAY 13, 2021; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND K&S, 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: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item CA.6 was deferred to the February 24, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number CA.6, please see "Order of the Day." City of Miami Page 40 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 CA.7 11036 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY OSCAR JULIEN-RIOU, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF FIFTY THOUSAND DOLLARS ($50,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI AND IOANNYS LLANES IN THE CASE OF OSCAR JULIEN-RIOU VS. CITY OF MIAMI AND IOANNYS LLANES, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 21-CV-22034-JAL, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. ENACTMENT NUMBER: R-21-0492 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.7, please see "End of Consent Agenda." END OF CONSENT AGENDA Vice Chair Carollo: -- the afternoon session of the Miami City Commission and we're going to begin with the CA (Consent Agenda) agenda. Commissioner Russell, you wanted CA.3 to have been deferred to the afternoon. Do you still want it deferred? Commissioner Russell: (INAUDIBLE) sorry, that one is ready to go according to the Administration and Attorney's Office. Vice Chair Carollo: Okay. So, with the exception of CA.6 that had been deferred at the request of Commissioner King, is there a motion for the rest of the CA agenda? Commissioner Reyes: Moved. Commissioner Russell: Mr Chair? Vice Chair Carollo: Moved by Commissioner Reyes. Commissioner Russell: Second. Vice Chair Carollo: Second by Commissioner Russell. Mr. City Attorney? Barnaby Min (Deputy City Attorney): Yeah, CA.3, the one that Commissioner Russell was talking about does have an amendment. There is a fourth right-of-way deed that will be included, so we will be amending it to add the additional deed. Vice Chair Carollo: Okay. Anything else you need to do with it? Mr. Min: No, sir Vice Chair Carollo: Okay. So, with that amendment, accepted by the maker and seconder of the motion, all in favor signify by saying "aye." The Commission (Collectively): Aye. City of Miami Page 41 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Vice Chair Carollo: Okay. It's passed unanimously by those here. City of Miami Page 42 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 PH - PUBLIC HEARINGS PH.1 RESOLUTION 10927 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CITY OF MIAMI'S DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT'S AFFORDABLE HOUSING INCENTIVE STRATEGIES AS RECOMMENDED BY THE AFFORDABLE HOUSING ADVISORY COMMITTEE AND AS REQUIRED BY SECTION 420.9076, FLORIDA STATUTES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT SAID STRATEGIES. ENACTMENT NUMBER: R-21-0493 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Carollo, Russell, Reyes ABSENT: King, Diaz de la Portilla Vice Chair Carollo: PH.1, I don't believe there are any deferments in the PH (Public Hearing) agenda. Is what you had asked, Commissioner, PH.6. for the afternoon? Commissioner Russell: We're ready for that one as well. Vice Chair Carollo: Okay. Is there a motion? Commissioner Reyes: Move it. Commissioner Russell: Yes, so moved. Vice Chair Carollo: Okay. Moved by Commissioner Reyes, seconded by Commissioner Russell. Todd B. Hannon (City Clerk): Chair? Vice Chair Carollo: Yes. Mr Hannon: My apologies, PH.3 involves appointing an elected official to a particular committee, and so a name is going -- Vice Chair Carollo: That's right, that's right. Let me take PH.3 out. Thank you for pointing that out. Let's vote on the rest of it minus PH.3. All in favor signer by saying "aye." The Commission (Collectively): Aye. Vice Chair Carollo: It passes unanimously. City of Miami Page 43 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 PH.2 RESOLUTION 10934 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENTS PROGRAM POLICIES INCREASING THE MAXIMUM SUBSIDY FOR THE SINGLE FAMILY REPLACEMENT HOME PROGRAM AND FOR THE SINGLE FAMILY REHABILITATION PROGRAM FROM $150,000.00 TO $250,000.00 AND $50,000.00 TO $70,000.00, RESPECTIVELY, AS INDICATED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0494 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Carollo, Russell, Reyes ABSENT: King, Diaz de la Portilla Note for the Record: For minutes referencing Item Number PH.2, please see "Public Comments for allltem(s)" and Item Number PH.1. PH.3 RESOLUTION 11101 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A MEMBER OF THE CITY COMMISSION AS A BOARD MEMBER OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE ("AHAC") AS REQUIRED BY SECTION 420.9076, FLORIDA STATUTES, FOR A TERM AS DESIGNATED HEREIN. ENACTMENT NUMBER: R-21-0495 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number PH.3, please see "Public Comments for all Item(s) " and Item Number PH.1. Vice Chair Carollo: So, we have PH.3 that we've taken out. Can we defer PH.3 for the next meeting? Barnaby Min (Deputy City Attorney): I defer to the Administration, but I do not believe there are any issues with the deferral of PH.3. Vice Chair Carollo: Okay. Well, is there a motion to defer? Commissioner Reyes: I'll move it. City of Miami Page 44 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Vice Chair Carollo: Motion to defer moved by Commissioner Reyes. Second by Commissioner King. We're deferring PH.3. Yep — (COMMENTS MADE OFF THE RECORD) Chair King: You 're deferring PH 3? Vice Chair Carollo: Yeah, it's an elected position that I thought you might want to -- appointed position by us, that I thought you might want to look at. So -- Chair King: 1 would actually like to make a motion to appoint myself. Vice Chair Carollo: -- well, in that case, then the motion would be made by Commissioner Reyes to appoint Commissioner King and second by Commissioner Russell. All in favor signify by saying "aye." The Commission (Collectively): Aye. Vice Chair Carollo: It passes unanimously. Todd B. Hannon (City Clerk): As amended? Commissioner Reyes: As amended. Vice Chair Carollo: As amended. Now we approved all the PH's, correct? Commissioner Reyes: Absolutely. PH.4 RESOLUTION 11060 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), TRANSFERRING EMERGENCY SOLUTION GRANT ("ESG-CV2") FUNDS IN THE AMOUNT OF $660,000.00 FROM CAMILLUS HOUSE, INC., A FLORIDA NOT FOR PROFIT CORPORATION, TO THE CITY OF MIAMI'S DEPARTMENT OF HUMAN SERVICES AS SPECIFIED IN THE EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. ENACTMENT NUMBER: R-21-0496 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Carollo, Russell, Reyes ABSENT: King, Diaz de la Portilla Note for the Record: For minutes referencing Item Number PH.4, please see "Public Comments for allltem(s)" and Item Number PH.1. City of Miami Page 45 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 PH.5 RESOLUTION 10955 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT TITLED "MOSAICO", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN ATTACHMENT "1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN EXHIBIT "A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-21-0497 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Carollo, Russell, Reyes ABSENT: King, Diaz de la Portilla City of Miami Page 46 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 PH.6 RESOLUTION 11109 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 MIAMI-DADE WATER AND SEWER DEPARTMENT, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ("WASD"), FOR A PERPETUAL, NON- EXCLUSIVE EASEMENT WITH A TOTAL COMBINED SIZE OF APPROXIMATELY SIXTEEN THOUSAND NINE HUNDRED SEVENTEEN (16,917) SQUARE FEET LOCATED GENERALLY AT THE CITY OF MIAMI ("CITY") OWNED PROPERTIES IDENTIFIED AS FOLIO NUMBER 01-4122-002-0040 AND FOLIO NUMBER 01- 4122-002-0011, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FOR WASD TO CONSTRUCT, RECONSTRUCT, LAY, INSTALL, OPERATE, MAINTAIN, RELOCATE, REPAIR, REPLACE, IMPROVE, REMOVE AND INSPECT WATER TRANSMISSION AND DISTRIBUTION FACILITIES AND ALL APPURTENANCES THERETO, INCLUDING BUT NOT LIMITED TO, FIRE HYDRANTS, AND/OR SEWAGE TRANSMISSION AND COLLECTION FACILITIES AND ALL APPURTENANT EQUIPMENT, WHICH RIGHT, PRIVILEGE AND EASEMENT SHALL INCLUDE THE RIGHT TO REMOVE OR DEMOLISH, AS MAY BE NECESSARY TO CARRY OUT ANY RIGHT GRANTED HEREIN, WITH THE FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE EASEMENT, INCLUDING, WITHOUT LIMITATION, A REVERTER PROVISION IF THE EASEMENT IS ABANDONED OR DISCONTINUED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID EASEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID EASEMENT. ENACTMENT NUMBER: R-21-0498 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Carollo, Russell, Reyes ABSENT: King, Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number PH.6, please see "Order of the Day." Vice Chair Carollo: Mr Clerk, for the future, for the Chairwoman, when she chairs the meeting, if you can make sure the PZ (Planning and Zoning) items that are ordinance that you put in the top ordinance so that it could be easily seen. When we get late into the night, if we don't read it, that it's an ordinance, we might forget, we get tired. So, it'd be easier if you include that in the title, that it's an ordinance. Todd B. Hannon (City Clerk): On the agenda plasma, if you look over to your left, you're see an FR/SR (First Reading/Second Reading) designation. That's to denote either a first reading or second reading ordinance. City of Miami Page 47 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Vice Chair Carollo: Okay. Mr Hannon: Yes, sir. But 1 can go over that with the Chair once we get ready for -- Commissioner Diaz de la Portilla: You need to put like an OR on it so people know it's an ordinance. You can be like an ORD on it so we know Mr Hannon: Yes, sir. Commissioner Diaz de la Portilla: Okay? Mr Hannon: Yes, sir. Commissioner Diaz de la Portilla: Yeah. Yeah. (COMMENTS MADE OFF THE RECORD) Chair King: In the yellow line? Vice Chair Carollo: In the yellow line. Commissioner Diaz de la Portilla: The little yellow line there, ORD. Mr Hannon: Not every Planning and Zoning item is an ordinance, so 1 wouldn't put it in the yellow title. 1 guess we can maybe do something here for the actual item. Commissioner Diaz de la Portilla: Yeah, that works. Vice Chair Carollo: Yeah, put it in the actual item then, so that -- Mr Hannon: Yes, sir. Commissioner Diaz de la Portilla: I have a feeling that our new Chairwoman is going to be a really, really quick learner but just, you know, the first couple steps, the baby steps, are important. But after that I think she'll be -- she'll do quite well. I have no doubt about that. Commissioner Reyes: She's acting like a veteran. Vice Chair Carollo: You -- you better show him. He's talking about baby steps, you better show him your size 12 shoes, okay? Commissioner Reyes: That's right. Vice Chair Carollo: All right, we have two more here, future legislation. Mr Hannon: Those -- Vice Chair Carollo: FL.1 -- Mr. Hannon: Only for public notice, so we don't have to -- Vice Chair Carollo: Okay, so we don't have to deal with it now We're done but I've been advised of something, and it's up to this Commission if it wants to deal with it or not. I'm only the Chair for the day, and that has to do with PH 6, that we have voted upon it, but I'm just trying to save us headaches into the future, and I'd rather give someone, five minutes to talk and then you could take any actions on it or not take any City of Miami Page 48 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 action. I have no idea what it's about. This is PH. 6, Execute WASD (Water and Sewer Department) Easement Grove Bay. We had approved this already. I thought it was all fine, and I'm told no. But the only part, which 1 why I'm bringing it back, for your consideration, if you want, is that I was told that in the portion in the morning for public hearing, they were in negotiations, or you describe it, with the City at that time. So, it's obvious they couldn't have been here to have addressed us on it. So, what's the will of this Commission? Commissioner Russell: Chairman, I'm certainly open to hearing Mr Pathman and his client's public comment portion, and then the body will make a decision on whether or not to reopen the item. From what I understand is they're going to make a case for why they believe we've either ruled incorrectly or the staff has advised us incorrectly. Vice Chair Carollo: Okay. All right, so how much time do you need, Mr Pathman? Commissioner Russell: Public comments. (COMMENTS MADE OFF THE RECORD) Commissioner Russell: Public comment. Commissioner Diaz de la Portilla: It's two minutes. Vice Chair Carollo: How about -- Wayne Pathman: Thank you, Madam Chairperson. Vice Chair Carollo: Okay, how about Commissioner Russell, since you're in the district here, I'm going to give you two and I'm going to be gracious today for the holidays and give you an extra one. Mr Pathman: I love that yuletide spirit. Vice Chair Carollo: So, you have three minutes. Mr Pathman: I'm glad it's carrying over from the morning to the evening. Mr. Chair, Madam Chair Commissioners, my name is Wayne Pathman with the law offices of Pathman Lewis. I'm here on behalf of Grove Harbor As has been, unfortunately, the situation between Grove Harbor and the City, we have not ever received notice and/or consent fOr the things that are being done on the leasehold that we have with the City. The City is the lessor for both parcels, but somehow, we don't get notice of the issues that are happening, where there's either ground improvements or parking lots being built on the leasehold that we have and that we're paving rent on to the City. So that's the first issue. The second issue may be a housekeeping one, but the legal description on the survey that you're relying upon, that you approved, is incorrect. And we pointed that out to the City this morning. We had yesterday a Zoom call with Suzanne Hollander and other representatives of different staff the City Attorney's office, I think the Manager's Office. We did that again todavfor over an hour and we expressed to them the concerns that we have, that we don't have any information, we do not have as built plans, we do not have a proper survey and we did not have a utility survey as well, showing where all the utilities are. We believe we came up with a resolution. If the Clerk could pass out what I gave you earlier, I'd appreciate it, the little packet. So just moving quickly because I have very little time, as we did with the FP&L (Florida Power and Light) easement, I asked for a little bit of time, I asked if I could have, you know, 2 weeks, 30 days, to try to find a solution. We did. I think I have a similar solution for this situation. There is proposed, if you look at this area here, this one diagram that has the black dots, this is where the easement is currently running. If we City of Miami Page 49 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 just slightly, move it to the south, which will still be on Grove Harbor property, not Grove Bay, you get to accomplish the same thing that you're trying to accomplish now with having a larger conduit for water and sewer. So, it's just basically moving it from this line to this line. This is the property line, so it's still within the Grove Harbor property. The other thing I'd like to make the City aware of, which the City has nothing to do with right now, but you know there's pending litigation between the parties, it's on appeal, if the appellate court comes back and finds that the tri-party agreement has been violated, which the City is a party to, then you would have to tear this all up anyhow. So, my solution is don't tear anything up, let's put the easement in a place that works for everybody, it's still on Grove Harbor property, and I think we can resolve this over the next couple of weeks dealing with staff. If Suzanne Hollander is here? We spent a lot of time with her on the phone, 1 think we had very good dialogue, we provided a lot of information to the City, and we received, you know, some of the information back. There still is no utility plan that would really help us to finally determine exactly where this easement can go, but our surveyor; based upon the information we have, believes that this new location would work. And again, it doesn't impact Grove Bay, if that's your concern, it's still on Grove Harbor property. But it doesn't impact us in a way where we can't do anything with our property. But one other thing that 1 really want to emphasize is, the City, as the landlord, has obligations under the lease, and this is the third time now where some action has been taken by a City department that has impacted the leasehold of your tenant. There's another item that 1 need to talk to the Manager about at some point in the future, but the surface parking lot for the building that's been built here to the north, a portion of that, about fifteen -plus spaces is on the Grove Harbor leasehold property, without notice to us. So, I'm coming in as someone who doesn't want to be adversarial. I have a good relationship with Jeff Bass, I think he's still here, who's the attorney for the other side. I'm trying to find solutions, work together so this entire mess can get cleaned up. And I'm -- if I'm given just a couple weeks and we can finalize this with Public Works, I think that we have a solution, and everybody wins. Victoria Mendez (City Attorney): I have a question. Vice Chair Carollo: Yes. Ms. Mendez: Is the parking spaces that you're complaining about are built out. The easement that you're complaining about supposedly is already built in. I mean are you guys paying attention to the things that happen on your property? This is really -- this is very difficult that every time you're objecting, every time this comes up, you know that there's a pending lawsuit that allowed for your partners to go forward with the building. And we have an indemnification and hold harmless from them with this regard. You guns can battle it out in court, honestly, the Commission can decide what they want to do. Mr Pathman: IfI could address that, that's incorrect. First of all, under the lease, the City has an obligation for notice and consent. I've requested through, public information otherwise, do you have a consent agreement, no, the City does not. The City issued a permit to a contractor to build the parking spots, we objected, they still went ahead and built it, and a lawsuit was filed, unfortunately. We did object. Two, your indemnity that you believe you have, I do not believe covers you if the City is in breach. We won't be suing them; we would be suing the City for breach of contract. Vice Chair Carollo: All right, we've given -- Mr Pathman: Sir, I'm trying to find solutions, not be adversarial. Vice Chair Carollo: We've given you even more time -- City of Miami Page 50 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Mr. Pathman: I appreciate that. Vice Chair Carollo: -- than 1 said that 1 would. But what bothers me is that I'm not hearing about this until now That really bothers me. And as much as the City Administration should have informed us, you, if you're representing someone, should have informed us also. So, I'm putting some blame there on you also, so that we could have been alerted. Now this was approved. We would have to bring it back. Commissioner Russell, you're the Commissioner of the district. What say you? Commissioner Russell: 1 wish -- thank you, Chairman. I wish these neighbors could get along, -- Mr Pathman: I'm trying. Commissioner Russell: -- they're going to be neighbors for a long time. And we, as their landlords, you know, can't be a parent here. We really want to see success for everybody who is our tenant for the best service to our residents, and I think they both offer amazing amenities to our residents. Vice Chair Carollo: Well, they do; that's not a question. Commissioner Russell: I understand. 1 agree with you. 1 do believe that they should have -- they say they've been negotiating with the City for a couple days, they should have let us know. If they needed more time, they were here, they could have been here for public comment. And when the item came up, 1 signaled to everyone, both sides, would you like to speak, and nobody did. So, with that in mind, I'm okay with the item as it went through. I do hear what you're saying, but our City Administration that briefed each one of us, and if they said to you what they said to me, they are fully comfortable with this in the way it was noticed, the legalities of it, and that the City is being completely fair to your side. I hear you, you've made the case that we're not, but Mr Pathman: I think if you spoke to Suzanne, you might hear otherwise. We worked really diligently in a very short period of time just given information this morning to resolve this. And that's why I wasn't here this morning. Vice Chair Carollo: Let's cut to the chase. Suzanne, could you come up? If the City Manager; or the Assistant Manager would allow you to do so. Can you shed some light into this whole thing? Suzanne Hollander (Director, Department of Real Estate & Asset Management): Yes, sir. Vice Chair Carollo: Because this just has hit me by total surprise. I thought everything had been resolved, everybody was getting along together Ms. Hollander: I understand that impression because the last -- the last issue we were able to do a pow -wow and everyone hashed it out. On November 17th, when Ifbund out about this, I asked our DREAM (Department of Real Estate & Asset Management) staff to reach out to Otto, who is with the Grove Bay, and I asked for them to get consent from Grove Harbor so that we wouldn't be at -- it was in an email -- so that Tye wouldn't be at this dais now, working to try to get consent. I don't know if they reached out to get the consent or not, but that's what happened. I wasn't involved in the briefings this time, I didn't have an invitation to them, so that's why you didn't hear anything from me during the briefing. Commissioner Russell: Mr Chairman? City of Miami Page 51 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Vice Chair Carollo: Yes, Commissioner. Commissioner Russell: Do we need legal consent from the tenant on both sides to do this? Ms. Hollander: No, I just thought that practically, if we had consent or if they were aware since it's going on a small portion of their property, that it would avoid this. It would -- it would avoid what we're doing right now. Commissioner Russell: They're making the case that we legally must get consent. Ms. Hollander: Well, 1 was -- I was asking that they work it out together and that they get consent amongst themselves so that they could move forward. But that is true, in the lease, we are supposed to notify them of this. Ms. Mendez: So, if we can -- I believe Mr Bass wants to say something for the record. The way that we understand the notice and consent on this issue, it's basically granted in the lawsuit where the court issued an order that said that they were allowed to continue building. So that is that part. In order to give additional coverage for the City I asked -- Vice Chair Carollo: But Madam City Attorney, I'm sorry. Ms. Hollander: And as to the -- oh, sorry. Vice Chair Carollo: One thing is for the court to say that they're allowed to continue building, but -- Ms. Mendez: I'm sorry? Vice Chair Carollo: One thing is for the court to say that they were allowed to continue building, but did the court say that utilities, what have you, can go through the other property instead of their own, to continue building? Ms. Mendez: Well, that was part of the lawsuit itself. And I'll let Mr. Bass discuss that further. But with -- Vice Chair Carollo: Yeah, but -- I'll give Jeffrey a couple of minutes to speak too, but you know you're my City Attorney. Ms. Mendez: My understanding -- yes, so that's why I'm saying, our understanding when we were looking at the lawsuit and what the court order said, they were allowed to continue building. Continuing to build means the utilities, the moving of the -- of the, you know, doing everything. Vice Chair Carollo: Yeah, yeah, yeah, but you know, you could believe that when a court says, they're going to be maybe under the impression that all that is going to be going through the land that you lease, not someone else's land that was leased from the City. So that's my only concern here. Ms. Mendez: I'll let Mr. Bass discuss that. Vice Chair Carollo: Mr Bass? Geoffrey Bass: If I may. I will do my level best to keep the holiday cheer -- City of Miami Page 52 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Vice Chair Carollo: 171 give you three minutes, just like 1 gave the other attorney. Mr Bass: Madan Chair, it's wonderful to see you and see you all, and happy holidays to you. Let me be very brief Let me start with the dates because date matters. We gave them notice of this water plan on November 19, 2019. 2019 we sent them a letter, we sent them the plans in 2019. They didn't do anything, so we had to file a lawsuit. We filed a lawsuit; we attached these plans to the lawsuit. We attached the utility plan, the water plan, the Florida Power & Light plan. We defined those utility that we needed to do on their property as the work, the approved work, that we needed to do to build this project. And the court granted our Motion for Summary Judgment, entered a judgment against them, gave us the right, explicitly, to build the utility work which we defined as the approved work on their leasehold. End of story. But let me keep going with the dates. We gave them notice on October 4th of this year We came before you on the Florida Power & Light issue. They asked for a utility plan. We gave them the utility plan. It was a colored drawing. And guess what we showed on the utility plan? The water easement. And it's in exactly the same place. So, they've known since November of 2019, we reminded them again on October 4th, when we were here before you working out the Florida Power & Light thing. As Ms. Hollander suggested, they asked me to reach out, I reached out to my good friend Wayne Pathman, I sent him these drawings on November 22nd. We had a conversation on November 22nd. I asked for any feedback, I didn't hear anything back. I sent them again on December 1, sent him the drawings again, asked for his feedback, didn't hear anything back. 1 was as polite as one could be while also being diligent and not a pest. And the first that we're hearing about these objections are now. So, to say we didn't have notice, well they had enough notice to be here, they've had notice for over two years, they had notice in the lawsuit, they had notice in October We're done on all that. And to a certainty, the court's order; the Final Judgment, which by the way, they sought to stay, stay was denied, the Final Judgment says we can build the utility work within their leasehold as shown on the plans that they've had since November 19, 2019. Vice Chair Carollo: And you said within their leasehold. Mr Bass: Within their leasehold. Since 2019 they've had those plans. That's what the lawsuit was about. We wouldn't have needed them to build them, not on their leasehold, but these were part of the plans, the overall plans. Vice Chair Carollo: Can you send that to my office so I could read it tornorrow? A copy of that portion. Mr Bass: I'd be most pleased to do so. Vice Chair Carollo: Okay? Because I'm going to, you know, at least, from my point of view, I'm going to go along with that. III find that that's not what it says, I might want to bring it back for reconsideration. (COMMENTS MADE OFF THE RECORD) Mr Bass: May I send it to your City Attorney to distribute to all of you however you deem appropriate? Vice Chair Carollo: That's appropriate, that's fine. Mr. Bass: That way I'll let your City Attorney interface with all of you. Vice Chair Carollo: Sure. Mr Bass: Thank you for the time. Have a wonderful holiday. City of Miami Page 53 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Mr. Pathman: Thirty seconds? Vice Chair Carollo: Thirty seconds, that's it, and we're closing. Mr Pathman: I just want to answer your question about consent. From and after the lease date, this is from the lease, lessor shall take no action, the City, which would impair or otherwise effect title to any portion of the subject property, Grove Harbor, and shall record no documents in the public records which would affect title to the subject property without the prior written consent of lessee. 1 don't want to dispute what Jeff's saying, but we got -- Jeff sent me an email, 1 sent him an email back saying I've got to get a hold of my client. It was Thanksgiving. When they returned, I immediately jumped on this. I contacted the City, I sent a letter to the City on the 24th. We worked as diligently, as fast as we could. Vice Chair Carollo: Can you send that also to the -- Mr Pathman: Yes. Vice Chair Carollo: -- attorney so she can distribute it to us? Mr Pathman: Okay, and by the way, I'm here not to be adversarial. Jeff and I, like he said, are good friends. 1 want to try to resolve globally, all the issues, out of court, that's my goal. Just like I said 1 would do with the FP&L. 1 think 1 can do the same with this. Commissioner Reyes: With all due respect, I don't think that this controversy that's going on, you can solve all the problems. It's going to be also some -- you know what I mean. Mr Pathman: I know. Commissioner Reyes: And -- and I -- I love both parties, I love (UNINTELLIGIBLE) and all of that. And also, I want to know for sure that something, the information that I receive, the pipes, Mr City Manager, that everything has been installed and it was installed during the day, in working hours? Arthur Noriega (City Manager): I can't speak to when the installation occurred -- Commissioner Reyes: No, no, no, I mean I want to know because if it was installed at night, -- Mr. Noriega: No. Commissioner Reyes: -- you see, they might not have seen it. But it was installed during the days, and it took days to install, why didn't they protest it? Mr Noriega: Yeah. I'm sure there are appropriate photos of that as well. Commissioner Reyes: I mean I -- okay. Vice Chair Carollo: Anyway, is there anything else this Commission would like to do? Commissioner Reyes: Adjourn. Vice Chair Carollo: This meeting is adjourned. Happy Holidays to everyone. City of Miami Page 54 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 END OF PUBLIC HEARINGS City, of Miami Page 55 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 RE.1 10911 Department of Police RE - RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID RECEIVED ON JULY 8, 2021, PURSUANT TO INVITATION FOR BIDS ("IFB") NO. 1164387, FROM THE APPARENT LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, WATERFIELD FLORIDA STAFFING, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("WATERFIELD"), FOR THE PROVISION OF SCHOOL CROSSING GUARD SERVICES, ON AN AS NEEDED BASIS, FOR THE CITY OF MIAMI ("CITY") POLICE DEPARTMENT ("POLICE"), FOR AN INITIAL TERM OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM POLICE GENERAL ACCOUNT NO. 00001.190501.534000.0000.00000 AND SUCH OTHER SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, 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. ENACTMENT NUMBER: R-21-0499 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Vice Chair Carollo: Okay. So, we are now going into the RE (Resolution) agenda, and we have RE.9 that's been deferred. Let me see if there's anything else in the REs that's been deferred. Not that I see. So, on the rest of the RE agenda is there a motion? Todd B. Hannon (City Clerk): And, Chair, just for the record, RE.6 and RE.7 passed earlier today. Vice Chair Carollo: Yeah, those were done earlier today, correct. Mr Hannon: Yes, sir. Pee Chair Carollo: Those were a street code designation. So, there's a motion by -- City of Miami Page 56 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Chair King: Chair? Commissioner Russell: So moved. Vice Chair Carollo: Yes? Chair King: I have some questions about RE.3. Pee Chair Carollo: Okay. So, let's pull out RE.3 out and there's a motion by Commissioner Russell on the rest of the RE agenda, minus the two we did before and RE.3 that's been taken out for now. Second by Commissioner Reyes. All in favor signify by saying "aye." The Commission (Collectively): Aye. RE.2 RESOLUTION 10939 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED ON SEPTEMBER 21, 2021 PURSUANT TO INVITATION FOR BID NO. 1413386 FROM THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, WASTE MANAGEMENT INC. OF FLORIDA, A FLORIDA PROFIT CORPORATION, FOR THE PROVISION OF VACTOR TRUCK DEBRIS HAULING SERVICES, ON AN AS NEEDED BASIS, FOR THE CITY OF MIAMI'S DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("RPW") FOR AN INITIAL TERM OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL TWO (2) YEAR PERIOD; ALLOCATING FUNDS FROM RPW GENERAL FUND ACCOUNT NO. 00001.208000.534000.0000.00000 AND SUCH OTHER SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, 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. ENACTMENT NUMBER: R-21-0500 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla City of Miami Page 57 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 RE.2 RESOLUTION 10939 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED ON SEPTEMBER 21, 2021 PURSUANT TO INVITATION FOR BID NO. 1413386 FROM THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, WASTE MANAGEMENT INC. OF FLORIDA, A FLORIDA PROFIT CORPORATION, FOR THE PROVISION OF VACTOR TRUCK DEBRIS HAULING SERVICES, ON AN AS NEEDED BASIS, FOR THE CITY OF MIAMI'S DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("RPW") FOR AN INITIAL TERM OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL TWO (2) YEAR PERIOD; ALLOCATING FUNDS FROM RPW GENERAL FUND ACCOUNT NO. 00001.208000.534000.0000.00000 AND SUCH OTHER SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, 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. ENACTMENT NUMBER: R-21-0500 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes City of Miami Page 58 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 RE.2 RESOLUTION 10939 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED ON SEPTEMBER 21, 2021 PURSUANT TO INVITATION FOR BID NO. 1413386 FROM THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, WASTE MANAGEMENT INC. OF FLORIDA, A FLORIDA PROFIT CORPORATION, FOR THE PROVISION OF VACTOR TRUCK DEBRIS HAULING SERVICES, ON AN AS NEEDED BASIS, FOR THE CITY OF MIAMI'S DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("RPW") FOR AN INITIAL TERM OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL TWO (2) YEAR PERIOD; ALLOCATING FUNDS FROM RPW GENERAL FUND ACCOUNT NO. 00001.208000.534000.0000.00000 AND SUCH OTHER SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, 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. ENACTMENT NUMBER: R-21-0500 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Carollo, Russell, Diaz de la Portilla, Reyes ABSTAIN: King Note for the Record: Chair Christine King abstained from voting on item RE.2 and submitted a Form 8B Memorandum of Voting Conflict for County, Municipal, and other Local Public Officers with the City Clerk in compliance with Section 112.3143, Florida Statutes. Note for the Record: For additional minutes referencing Item Number RE.2, please see Item Number RE.1. Vice Chair Carollo: We have one last clean-up item that we need to do. If Commissioner Russell would ask for RE.2 to be reheard and Commissioner Reyes would ask for RE.2 to be reheard. Commissioner Russell: RE.2? Commissioner Diaz de la Portilla: It's my item. City of Miami Page 59 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Vice Chair Carollo: Yes. Yes, we have a clean-up item. Commissioner Diaz de la Portilla: Yeah, the RE.2, I think is a carve -out that -- that Commissioner -- Victoria Mendez (City Attorney): No, no, I'm sorry. So, for RE.2 we need to rehear that item. We need to reconsider it so that one of our elected -- Vice Chair Carollo: Yes, it a clean-up item. Ms. Mendez: Right. Vice Chair Carollo: There was some mistake that was made. Commissioner Russell: The (UNINTELLIGIBLE) truck? Ms. Mendez: Yeah. Vice Chair Carollo: So there's a motion. There's a second. Commissioner Reyes: There's a motion. Vice Chair Carollo: All in favor signift by saying "aye." The Commission (Collectively): Aye. Vice Chair Carollo: There's four that asked for it to be reheard. And now Commissioner King needs to present something on this item before we bring it up again and vote on it. Chair King: I need to advise the body that I have a conflict with this item. Waste Management is a client of mine, so I cannot vote on this item. Vice Chair Carollo: Understood. Okay, that's fine. Commissioner Reyes: That's fine. Vice Chair Carollo: So, let me just wait for her to step out and then we'll take it back again. Who made the motion the second time? Commissioner Diaz de la Portilla: But come right back, Commissioner. Todd B. Hannon (City Clerk): It was a block vote moved by Commissioner Russell, seconded by Commissioner Reyes. Vice Chair Carollo: Okay. Is that fine if you --? Okay, so it's been moved again by Commissioner Russell, second by Commissioner Reyes. All in favor signer by saying "aye." The Commission (Collectively): Aye. Vice Chair Carollo: All four of us here voted unanimously for it. City of Miami Page 60 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 RE.3 RESOLUTION 11127 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS TO INCREASE THE PAY OF CITY OF MIAMI TROLLEY DRIVERS. ENACTMENT NUMBER: R-21-0505 MOTION TO: Adopt RESULT: ADOPTED MOVER: Christine King, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Vice Chair Carollo: I'm going to leave RE.3 until the end, if okay? We have -- Chair King: Oh actually, I'm okay with RE.3. Vice Chair Carollo: Okay. So -- Commissioner Russell: I'll move RE.3 in. Vice Chair Carollo: Commissioner King makes a motion for RE.3. Commissioner Russell: Yes, please. Vice Chair Carollo: Commissioner Russell seconds it. All in favor signify by saying "aye." Commissioner Russell: Just a moment. I'd like the Commission -- the Management to bring back the final ordinance January 27th ifpossible. Vice Chair Carollo: Okay. Commissioner Russell: So, RE.3 is with regard to the wage of the trolley drivers. Arthur Noriega (City Manager): Yeah. Commissioner Russell: Can you bring it back, whatever action needs to be taken, second meeting in January? Mr Noriega: Sure. Commissioner Russell: Sure. Vice Chair Carollo: Well. All right, so all in favor signifY by saying "aye." The Commission (Collectively): Aye. Vice Chair Carollo: It passed unanimously. City of Miami Page 61 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 RE.4 RESOLUTION 11138 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT'), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND 1142 SW 4 ST LLC, A FLORIDA LIMITED LIABILITY COMPANY ("SELLER"), FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 1510 SOUTHWEST 7 STREET, MIAMI, FLORIDA ("PROPERTY"), FOR A PURCHASE PRICE OF ONE MILLION DOLLARS ($1,000,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID ACQUISITION; ALLOCATING FUNDS FROM A SOURCE TO BE DETERMINED, IN AN AMOUNT NOT TO EXCEED ONE MILLION SIXTY THOUSAND DOLLARS ($1,060,000.00), TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF SURVEY, ENVIRONMENTAL REPORTS, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE AND RELATED CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT. ENACTMENT NUMBER: R-21-0501 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number RE.4 please see Item Number RE.1. City of Miami Page 62 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 RE.5 RESOLUTION 11145 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 18-112 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ALLOCATING AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") FUNDS, IN AN AMOUNT NOT TO EXCEED ONE MILLION DOLLARS ($1,000,000.00) TO THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA"), SO THAT THE DDA CAN PARTIALLY FUND THE ARPA-ELIGIBLE PORTIONS OF ITS FLAGLER RECOVERY GRANT PROGRAM, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, AND INCENTIVE FUND PROGRAM, AS DESCRIBED IN EXHIBIT "B", ATTACHED AND INCORPORATED, PROVIDED THAT THIS ALLOCATION IS APPROVED IN WRITING BY THE CITY'S ARPA CONSULTANT ("CONSULTANT APPROVAL"), WHO IS TO BE RETAINED BY THE CITY PURSUANT TO REQUEST FOR QUOTATION NO. 1431386, AND FURTHER PROVIDED THAT THE DDA ACCEPTS SAID FUNDS BY RESOLUTION ("DDA RESOLUTION"); SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE CONSULTANT APPROVAL AND DDA RESOLUTION, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING MEMORANDA OF UNDERSTANDING, AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE OF FLORIDA, LOCAL, AND CITY LAWS, RULES, AND REGULATIONS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0502 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number RE.5, please see Item Number RE.1. City of Miami Page 63 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 RE.6 RESOLUTION 11013 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION RECOGNIZING NOVEMBER 18, 2021 AS DR. MARK B. ROSENBERG DAY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS LISTED. ENACTMENT NUMBER: R-21-0482 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Commissioner Reyes: Point of -- Mr. Chair? Vice Chair Carollo: Yes. Commissioner Reyes: A point of privilege. Vice Chair Carollo: Don't take this (UNINTELLIGIBLE) you're liking it too much. Commissioner Reyes: We have -- we have -- Commissioner Diaz de la Portilla: She won't let it go. Commissioner Reyes: We have the president, the FIU (Florida International University) President, Mr Rosenberg, and he is -- Vice Chair Carollo: Is he here? Commissioner Reyes: Yes, he is here, he's outside. Vice Chair Carollo: Great. Commissioner Reyes: And I want to invite him and so we have (INAUDIBLE) I want to pass this to you so you can present it, okay? Vice Chair Carollo: Thank you. Commissioner Reyes: So, let's ask him in. Commissioner Diaz de la Portilla: If I may, Madam Chair? I want to tell our city photographer, please -- Chair King: I'm not the Chair today. Commissioner Diaz de la Portilla: Oh, I'm sorry. Mr. Chair. I'm sorry. Mr. Chair If I may, can you tell our City photographer I have burst blood vessel in my left eye, so when he takes the picture he whites it out? Vice Chair Carollo: Well, all you've got to do is put your right side. (MULTIPLE PARTIES SPEAKING IN UNISON) Nye Chair Carollo: Tell him to take your right side. City of Miami Page 64 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Diaz de la Portilla: But 1 wanted to make sure that it was okay I was going to wear an eyepatch, but it would be too, you know, it wouldn't look good. I'm sure the media would have a field day with that one, right? So, I wanted to make sure. Vice Chair Carollo: Yeah, I'm glad you didn't do that. Some people might have thought you were a pirate. Commissioner Diaz de la Portilla: I know. And then I would have to say 1varrrr'and argue with you all day, so I'm not going to do that. Vice Chair Carollo: Okay, as we're -- no, here's the President. Commissioner Reyes: That's right. Vice Chair Carollo: Can you come up, please? Commissioner Reyes: Well, we can also take now, before we do that, RE.6, a resolution -- there's a resolution recognizing 7/9 as Doctor Mark B. Rosenberg and FIUDay. Vice Chair Carollo: I second that. Commissioner Reyes: Move it. Second. Vice Chair Carollo: And is there anyone that would like to speak to that? Hearing none, all that would approve signer by saying 'aye.' The Commission (Collectively): Aye. Nicole Ewan (Assistant City Clerk): And, Chair Chair there is a substitution on this item just changing the date to today, December 9th. Commissioner Reyes: December 9th. Vice Chair Carollo: Okay. As corrected. Commissioner Reyes: As corrected, yes. Vice Chair Carollo: Very good. It passes unanimously. Dr Rosenberg, it's great to have you here. Mark Rosenberg: Thank you, sir. Vice Chair Carollo: I don't know if there are any other FlUgraduates here in our commission, but if not -- well, I'm saying in our commission, but if not, I got two degrees from there, so, you know, let one of our colleagues borrow one for the day. But it's great to have you here -- Mr Rosenberg: Thank you, sir. Vice Chair Carollo: -- and we're -- we're very proud of the wonderful job you've been doing at -- Mr Rosenberg: Thank you. Vice Chair Carollo: -- one of our -- City of Miami Page 65 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Mr. Rosenberg: Thank you. Vice Chair Carollo: -- country's, not just state's -- Mr Rosenberg: Yes. Vice Chair Carollo: -- best universities. Mr Rosenberg: Thank you, sir I -- I did want to say, I want to thank the Commission for the recognition. And I checked, since I became president, which was a few years ago, we've graduated over 13,000 residents of the city of Miami. And our university, on an annual basis, invests about $45 million in financial aid, annually, for residents of the city of Miami, to get their education and to achieve their version of the American dream. We have nearly 20,000 residents of the city of Miami who are either currently enrolled at the -- at FIU, or who are graduates. 20,000. So, I'm very proud of that, and as I look at the Commission, you're all friends, you're all supporters of our great university, and I'm privileged and blessed to be with you today. Thank you. Vice Chair Carollo: Well, thank you very much. If you could give us the honor of coming up here and joining us so that we could read what we have here. (COMMENTS MADE OFF THE RECORD) Vice Chair Carollo: Well, I was going to be reading this, President Rosenberg, but I just heard from Commission King that her father was in the first graduating class. I can't say that. So, Commissioner King, if you could read it for us (INAUDIBLE). The Resolution was read by title into the public record by Chair King. Applause. Mr Rosenberg: (INAUDIBLE) an honor to be here with you. We value your public service and your leadership, and on behalf of the entire university community, I accept this recognition. It's very humbling. Thank you all very much. Applause. (COMMENTS MADE OFF THE RECORD) City of Miami Page 66 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 RE.7 RESOLUTION 11107 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION CO - DESIGNATING SOUTHWEST 25TH STREET FROM SOUTHWEST 24TH AVENUE TO SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA AS "LAS MUCHACHITAS DE VILLA MARIA STREET" 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-21-0471 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Vice Chair Carollo: Okay. Then let's move to the public comment period. The public comment period will now be open, for all items and non -agenda items, if any; to be heard at this City Commission meeting. Everyone will have two minutes to speak. Whoever would like to speak, if you could please line up using both mics so we can go quicker. Within your two minutes you could address any topic in today's agenda, or several of them at the same time within your two minutes. However, let me be very clear individuals are not to come here to attack anybody or defame anybody and are to stick to the subjects on today's agenda. Commissioner Reyes: Mr Chair? Vice Chair Carollo: Yes. Commissioner Reyes: If I may -- if I may ask that we hear from -- first from this group of ladies that you see every single one of them with a yellow rose. They are (Comments made in Spanish not translated) and we are presenting a proclamation -- I mean we are naming and presenting a proclamation to them. And I would like -- Vice Chair Carollo: Is that today? Commissioner Reyes: Yes. And we have -- we have a resolution -- Vice Chair Carollo: Okay, then -- Commissioner Reyes: -- we are designating. Vice Chair Carollo: Okay, then why don't we do this -- Commissioner Reyes: Because I don't want them to be -- Vice Chair Carollo: Yeah, why don't we do this then -- Commissioner Reyes: Let's take this -- Nye Chair Carollo: -- why don't we take this resolution -- City of Miami Page 67 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Reyes: That's right. Vice Chair Carollo: -- ahead of everything else and any one of them could address it. Commissioner Reyes: Okay. Vice Chair Carollo: But if he could read the resolution so that if anybody would like to address this resolution, they could do it before we vote on it. Commissioner Reyes: Thankyou, sir Thankyou very much. Madam City Attorney, could you please read the reso? Victoria Mendez (City Attorney): Yes, Commissioner: One moment. The Resolution was read by title into the public record by the City Attorney. Commissioner Reyes: Okay. Vice Chair Carollo: Moved by Commissioner Reyes, second by Commissioner King. All in favor signify by saying `aye. ' Todd B. Hannon (City Clerk): Chair were you going to have your public comment? Vice Chair Carollo: Yeah, we have to have a public comment before. I'm sorry, I'm going too quick. Before we vote on it, if there's anyone that would like to speak on this particular item only. Rosa Sueiro: Thankyou. Thankyou so much. Good morning. We're very honored and very grateful to the Commission and to Commissioner Manola Reyes for his help in obtaining this for us. We are a group of 40 girls who left Cuba through the Pedro Pan Operation [sic] in the beginning of 1962. And we were sent to San Antonio, Texas, which became our real first home in the United States. Through those years that we spent in Villa Maria, which is the home where we stayed, it was in like a nursing -- like a place where young women stayed, we developed a deep and profound friendship. We become -- we consider ourselves sisters at this time and we are, you know, this is why we wear this yellow rose which is the symbol of the State of Texas. So, thank you to the Commissioner, thank you to you, Mr Reyes, and we will be there, you know, when you dedicate this street. Thank you so much. We have a big group which is not here, in other places, New York, et cetera, who are following this very closely. So, it's a big -- Vice Chair Carollo: Great. Please. Commissioner Reyes: Please. Maria? Vice Chair Carollo: Does anybody else would like to speak? Commissioner Reyes: Maria, do you want to say anything? Ms. Sueiro: No. Commissioner Reyes: The first time that 1 see you quiet. Vice Chair Carollo: It is indeed an honor -- Commissioner Reyes: Yes. City of Miami Page 68 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Vice Chair Carollo: -- to have so many of you here today. So many Peter Pan (Comments made in Spanish not translated). I was one of your (Comments made in Spanish not translated) also -- Commissioner Reyes: Yes. Vice Chair Carollo: -- when I came at the age of six; through Peter Pan, also. So, I certainly understand your feelings. Now looking back, the sacrifices that our parents made, those were decisions that were the hardest decisions that any one of our parents ever made in their whole lives. To have sent us alone, never knowing if they would see us again, but they were willing to maybe never see us again but to give us the opportunity to live in freedom. And only people like us that went through that could understand that. But 1 will say this to you, that out of the slightly over 14,000 young women and men that came, which was the largest group of young people that were lied from a country for freedom in the course of history, that's what made so many of us successful. Because from a very early age we had to learn to be fighters, we had to learn not to give up, we had to learn to succeed. So, to all of you, it's quite an honor to see so many of you here at City Hall today. And in particularly that beautiful yellow rose of Texas, since lately we haven't had the best experience with Texas, this is a great experience with Texas. Thank you. Applause. Commissioner Reyes: Thank you. Vice Chair Carollo: Why don't you all come up here so we can present the resolution. Commissioner Reyes: That's right. Commissioner Russell: But first -- Commissioner Reyes: Have we voted yet? Vice Chair Carollo: Yeah, we're going to vote. Commissioner Reyes: Okay. Vice Chair Carollo: Anybody else who would like to speak? Commissioner Reyes: Okay. Vice Chair Carollo: Okay, so -- Commissioner Reyes: That's right. Vice Chair Carollo: All right, so for this part of the public hearing, only on this item, I will close it, on this item. And, yes, you all can start corning. Commissioner Reyes: That's right. Vice Chair Carollo: There was a motion by Commissioner Reyes, seconded by Commissioner King. All in favor signift by saying "aye." The Commission (Collectively): Aye. Vice Chair Carollo: It passed unanimously. City of Miami Page 69 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 (COMMENTS MADE OFF THE RECORD) RE.8 RESOLUTION 11059 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPORTIONING THE REMAINING MIAMI FOREVER BOND LIMITED AD VALOREM FUNDING ALLOCATED TO AFFORDABLE HOUSING IN THE TOTAL NOT TO EXCEED OF AMOUNT OF $66,248,042, TO EACH COMMISSION DISTRICT PURSUANT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT METHODOLOGY, AS INDICATED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE COMMISSIONER OF EACH DISTRICT TO ALLOCATE AND APPROPRIATE BY FUTURE RESOLUTION(S) TO ELIGIBLE PROJECTS, SUBJECT TO THE CITY TAKING ANY AND ALL NECESSARY ACTIONS TO AMEND THE MULTI -YEAR CAPITAL PLAN AND TO COMPLY WITH ALL APPLICABLE LAWS, RULES, REGULATIONS, AND AUTHORIZATIONS, INCLUDING BUT NOT LIMITED TO, FEDERAL LAWS, STATE LAWS, THE CITY CHARTER, THE CITY CODE, AND THE MIAMI FOREVER BOND VALIDATION ORDER. ENACTMENT NUMBER: R-21-0503 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number RE.8, please see "Order of the Day" and Item Number RE.1. City of Miami Page 70 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 RE.9 RESOLUTION 11140 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPORTIONING THE REMAINING MIAMI FOREVER BOND LIMITED AD VALOREM FUNDS ALLOCATED TO SEA LEVEL RISE AND FLOOD MITIGATION IN THE TOTAL NOT TO EXCEED OF AMOUNT OF $177,865,072 TO EACH COMMISSION DISTRICT, AS INDICATED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE COMMISSIONER OF EACH DISTRICT TO ALLOCATE AND APPROPRIATE BY FUTURE RESOLUTION(S) TO ELIGIBLE PROJECTS, SUBJECT TO THE CITY TAKING ANY AND ALL NECESSARY ACTIONS TO AMEND THE MULTI -YEAR CAPITAL PLAN AND TO COMPLY WITH ALL APPLICABLE LAWS, RULES, REGULATIONS, AND AUTHORIZATIONS, INCLUDING BUT NOT LIMITED TO, FEDERAL LAWS, STATE LAWS, THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THE CODE OF THE CITY OF MIAMI, AS AMENDED, AND THE MIAMI FOREVER BOND VALIDATION ORDER. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item RE.9 was deferred to the February 10, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.9, please see "Order of the Day." City of Miami Page 71 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 RE.10 11137 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING THE OFFICIAL INTENT OF THE CITY OF MIAMI ("CITY") TO ISSUE BOTH TAXABLE AND TAX- EXEMPT GENERAL OBLIGATION BONDS PAYABLE FROM AD VALOREM TAXES PROVIDED THAT THE CAPITAL PROJECTS DEBT MILLAGE NOT EXCEED THE RATE OF 0.5935 MILLS IN ACCORDANCE WITH THE NOVEMBER 7, 2017 BOND REFERENDUM APPROVED BY THE VOTERS, INITIALLY IN AN EXPECTED NOT TO EXCEED TOTAL MAXIMUM PRINCIPAL AMOUNT OF TWENTY-FIVE MILLION DOLLARS ($25,000,000.00) IN ORDER TO, AMONG OTHER THINGS, REIMBURSE THE CITY FOR FUNDS ADVANCED BY THE CITY FOR CERTAIN EXPENSES INCURRED WITH RESPECT TO CAPITAL PROJECTS TO BE UNDERTAKEN BY THE CITY TO REDUCE FLOODING RISKS, ALL AS INDICATED IN THE ATTACHED PROJECT LIST IN EXHIBIT "A," ATTACHED AND INCORPORATED (COLLECTIVELY, "TRANCHE 2 FLOOD MITIGATION PROJECTS"); ESTABLISHING CERTAIN RELATED DEFINITIONS OF TERMS; AUTHORIZING CERTAIN FURTHER AND INCIDENTAL ACTIONS BY THE CITY MANAGER IN CONSULTATION WITH THE CITY ATTORNEY, BOND COUNSEL, DISCLOSURE COUNSEL, FINANCIAL ADVISOR, CHIEF FINANCIAL OFFICER, FINANCE DIRECTOR, BUDGET DIRECTOR, AND SUCH OTHER APPROPRIATE OFFICERS, EMPLOYEES, AND AGENTS OF THE CITY AS THE CITY MANAGER DEEMS NECESSARY, ALL AS REQUIRED FOR PURPOSES OF SECTIONS 103 AND 141-150 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND FOR COMPLIANCE THEREWITH; FURTHER AUTHORIZING RELATED AMENDMENTS TO THE CITY'S MULTI -YEAR CAPITAL PLAN AS NECESSARY. ENACTMENT NUMBER: R-21-0504 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number RE.10, please see Item Number RE.1. END OF RESOLUTIONS City of Miami Page 72 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 SR.1 9329 Department of Resilience and Public Works SR - SECOND READING ORDINANCES ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22.5/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "GREEN INITIATIVES/WATER CONSERVATION," TO UPDATE THE CITY OF MIAMI'S WATER CONSERVATION ORDINANCE TO CONFORM WITH THE REVISED SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S MANDATORY YEAR-ROUND LANDSCAPE IRRIGATION CONSERVATION MEASURES, THEREBY UPDATING DEFINITIONS, PROVIDING FOR WATER SHORTAGE EMERGENCIES AND YEAR-ROUND WATER CONSERVATION, PROVIDING FOR VARIANCES, AND PROVIDING ENFORCEMENT AND PENALTIES; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14038 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Nee Chair Carollo: So, we're done with the totality of the RE agenda. Second reading ordinance if you could read the second reading ordinance for SR.], SR.2, and SR.3, Mr. City Attorney? Barnaby Min (Deputy City Attorney): Yes, sir. SR.1. The Ordinance was read by title into the public record by the City Attorney. Mr Min: SR.2. The Ordinance was read by title into the public record by the City Attorney. Mr Min: SR.3. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: Move it. Vice Chair Carollo: There's a motion to move all three of them by Commissioner Reyes. Commissioner Russell: Second. Vice Chair Carollo: Second by Commissioner Russell. All in -- yes? Chair King: I'd like to co-sponsor SR.1. City of Miami Page 73 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 SR.2 10622 Department of Building Vice Chair Carollo: Commissioner King is co -sponsoring FR.1 [sicJ separately from the SR.1. Chair King: No, the SR.1. Vice Chair Carollo: Oh, SR.1. Chair King: SR.1. Vice Chair Carollo: Okay. She'd like to co-sponsor SR.1. Okay. All in favor signify by saying "aye." The Commission (Collectively): Aye. V ce Chair Carollo: Pass on second reading, all three, unanimously. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "FLOOD DAMAGE PREVENTION", TO UPDATE THE LANGUAGE TO MATCH THE CURRENT REQUIREMENTS OF FEDERAL, STATE OF FLORIDA, AND MIAMI-DADE COUNTY LAWS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14039 MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Note for the Record: Number SR.1. Adopt ADOPTED Manolo Reyes, Commissioner Ken Russell, Commissioner King, Carollo, Russell, Reyes Diaz de la Portilla For minutes referencing Item Number SR.2, please see Item City of Miami Page 74 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 SR.3 ORDINANCE Second Reading 11037 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE II/SECTION 54-56 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "STREETS AND SIDEWALKS/CONSTRUCTION, EXCAVATION, AND REPAIR/CONSTRUCTION, RECONSTRUCTION OR REPAIR OF STREET IMPROVEMENTS REQUIRED WHEN ADJACENT PROPERTY IS IMPROVED BY CONSTRUCTION OF $100,000.00 OR MORE IN VALUE OR EXCEEDING 1,000 SQUARE FEET IN FLOOR AREA; RESTRICTION," TO CREDIT CERTAIN RIGHT-OF- WAY IMPROVEMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14040 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number SR.3, please see Item Number SR.1. END OF SECOND READING ORDINANCES City of Miami Page 75 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 11135 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES," MODIFYING AND PROVIDING FOR ADDITIONAL SAFETY MEASURES AND OTHER REGULATIONS; AND ADDING DIVISION 2 TO PROVIDE FOR THE PERMANENT MOTORIZED SCOOTER PROGRAM; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: Item FR.1 was continued to the January 13, 2022, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number FR.1, please see "Public Comments for allltem(s)." Vice Chair Carollo: On first reading ordinance, you have FR.1, FR.2, and FR.3. What is the will of the Commission? Do you want to wait to -- Commissioner Russell: I'll move it. Vice Chair Carollo: -- have a full board here or not? Commissioner Russell: Yeah, probably. We'll wait for Commissioner Diaz de la Portilla. Commissioner Reyes: (INAUDIBLE). Vice Chair Carollo: Go ahead. Commissioner Reyes: I heard that FR.1 and FR.2 could be deferred. That's what -- Vice Chair Carollo: The Administration wanted to defer them? No? Do you want to defer them Commissioner Russell? Commissioner Russell: No, and I believe we need the exception amendment. Commissioner Reyes: You don 't need exception amendment. Commissioner Russell: From a timeliness perspective. Commissioner Reyes: No, you don't need the exception amendment. You see, the -- the pilot program was the full year -- full two years. And this project -- I mean, this City of Miami Page 76 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 program was interrupted by COVID, you see. I mean, two or three months. In two months or three months from now we are not going -- we are already -- I mean, you don't -- you don't need to have an exception. What 1 don't want to start, you see, is that every time we have a pilot program, then we start, let's have an exception. But in this case, in this case you don't need it. And ask the City Attorney because this program was not in effect the two years, timewise. It wasn't. It wasn't because it was interrupted by COVID, you see, about three months. Commissioner Russell: My understanding is even factoring in the COVID interruption we've hit the limit and so we would need to extend. I agree with you, we don't want to extend pilot programs in perpetuity, but in cases where we do hope or intend to get to a permanent version that we extend -- Commissioner Reyes: If -- Commissioner Russell: -- so it's as seamless as possible if the will of the body is here. Commissioner Reyes: If -- if -- let me propose this. If we don't have the -- because from what I know, the RFP (Request for Proposal) is being analyzed and they are picking the -- the companies. If at that time, you see, it's going to be extended for the time that was closed for COVID, which is three months, okay, if -- if fby January, February, March, they haven't decided, then we extend it. Then we talk about extending it. But 1 don't want to start --1 mean, every time that we have a pilot program and we have this --1 mean, it's no danger whatsoever just to use the time that the program was in -- I mean, was not a --1 mean, it was not running, you see. Use that time as an extension. Vice Chair Carollo: Well, can we leave this for the last items if we can? Commissioner Reyes: Okay. Vice Chair Carollo: I think we're almost done with the morning agenda. Commissioner Diaz de la Portilla: What I would like, Mr. Chair, is to sort of defer FR.1, and take up FR.2 later on, whenever you decide it's an appropriate time to take it up. The carve out, I want to talk about the carve out. I want to vote on that. Vice Chair Carollo: On which is it? Commissioner Diaz de la Portilla: The carve, which is FR.2. Vice Chair Carollo: Huh? Commissioner Diaz de la Portilla: The carve out. Vice Chair Carollo: Oh, okay. FR.2. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: But defer FR.1 for now. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: We can bring it up on the 13th. Vice Chair Carollo: All right. Is there a motion to for FR.1? Commissioner Diaz de la Portilla: So moved. So moved. Vice Chair Carollo: There's a motion by Diaz de la Portilla. City of Miami Page 77 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Reyes: Second. Vice Chair Carollo: Second by Commissioner Reyes. All in favor signify by saying "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Okay. FR.1 is deferred until the first meeting in January? Commissioner Diaz de la Portilla: Yes, sir Vice Chair Carollo: Okay. That's what 1 thought 1'd heard. FR.2 ORDINANCE First Reading 11136 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION," MORE PARTICULARLY BY AMENDING SECTION 2-33 TO EXEMPT THE MOTORIZED SCOOTER PILOT PROGRAM FROM THE DURATION REQUIREMENTS PERTAINING TO PILOT PROGRAMS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Russell, Diaz de Ia Portilla NAYS: Carollo, Reyes Note for the Record: For additional minutes referencing Item Number FR.2, please see "Public Comments for all Item(s)." Vice Chair Carollo: Okay, so we will go back to -- as I see it and correct me ifI'm wrong, Mr Clerk, the last item in the morning agenda which is the -- Nicole Ewan (Assistant City Clerk): It's FR.2. Vice Chair Carollo: FR.2, the Amended Exception for Motorized Scooters Program. Ms. Ewan: That's correct, Chair. Vice Chair Carollo: Okay. That the last one that's left Jrothe morning agenda. This is a first reading ordinance. Does anybody -- Commissioner Russell: I'll move it. Vice Chair Carollo: It's moved by Commissioner Russell. Commissioner Diaz de la Portilla: I'll second it. City of Miami Page 78 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Vice Chair Carollo: Second by Commissioner Diaz de la Portilla. Is there any discussion? Commissioner Reyes: Can I -- this is -- Vice Chair Carollo: It's an ordinance. Commissioner Reyes: An ordinance. Vice Chair Carollo: You understand. Yeah, yeah. Commissioner Diaz de la Portilla: Read it. Commissioner Reyes: This is -- this is the extension, right? We're going to extend this project from the pilot requirement of the one year pilot program, that's what it is? Commissioner Diaz de la Portilla: Yes, sir Commissioner Reyes: And it is because it is about to -- okay. I personally -- personally, believe that you don't need that exemption now because the pilot program has, I think, the term, which is a full year -- two, full years has -- I mean, have not ended. Because this project -- this program was -- was stopped, totally stopped during COVID, and -- and you cannot count those three months that it stopped as part of the time that was allocated to this program. So, what I don't want to start, Commissioner, it is -- this ordinance that limits the pilot program, start the habit of having exemptions for any other project. If -- if push comes to shove within the next three months, the -- if the decision has not been made from the Administration regarding the -- the assignment of selection of the companies or whatever, then we will deal with it and try to extend it. But every time that we have an -- we have certain -- I mean, we have laws, and we have processes, and all of that, you see, we have the habit of bending them and tailor them to what we see fit and I -- I'm trying to avoid that in this. There is no need. It's not going -- it's not going to sunset within the next three months. It's not. Because once you start counting you count the days that it was -- that it was stopped due to COVID, is about three months, you see. Victoria Mendez (City Attorney): So, my understanding is that the calculations were done by Public Works and the Manager's Office along with my office and when you took into account even the suspension period of the program we get to January 5th. Commissioner Reyes: Well, I mean, I'm sorry, I cannot -- I cannot be in favor of this because I don't want to start every time that we need something, you see, I -- instead of exempting, I would be more inclined in voting extending it two or three months. Vice Chair Carollo: I have come to my limitations on the scooters. Commissioner Reyes: Yes. Vice Chair Carollo: So, I will be voting against this like I did the last time that I was here. But in fairness, we're missing a member of the Commission. So, ifboth of you could withdraw your first -- your -- Commissioner Russell: Take away? Vice Chair Carollo: Yeah, if we could do it until Commissioner King gets back. Commissioner Russell: Sure. I'll withdraw. Motion withdrawn. City of Miami Page 79 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 [Later...] Vice Chair Carollo: Okay,1 don't believe we have anything else in the regular agenda left? Todd B. Hannon (City Clerk): FR.2 Commissioner Diaz de la Portilla: FR.2, the -- Vice Chair Carollo: Oh, sorry, guys. Sorry, guys. Commissioner Diaz de la Portilla: We have to wait for Commissioner -- Madam Chair to come back. Vice Chair Carollo: I almost forgot. Commissioner Diaz de la Portilla: And Commissioner, ifI may. Madam Chair, if I may, I think at 6:00 we have a Christmas tree lighting. We can probably get rid of this in about five minutes flat. Vice Chair Carollo: Okay, well it's set for two, so who made the motion? Commissioner Russell: I'll move it. Vice Chair Carollo: Russell made it, you second it? Commissioner Diaz de la Portilla: Yes, sir Vice Chair Carollo: I don't think we need any further discussion; I think we know how we all stand. Commissioner Diaz de la Portilla: Yes, sir Vice Chair Carollo: All in favor -- Mr Hannon: Chair? Vice Chair Carollo: -- signer by saying "aye." Mr Hannon: Chair? Commissioner Diaz de la Portilla: Aye. Mr Hannon: It is an ordinance. Victoria Mendez (City Attorney): An ordinance of the City Commission amending -- Vice Chair Carollo: Didn't you read it before when we lumped everything together? Ms. Mendez: No, supposedly -- Vice Chair Carollo: I'm sorry I thought it was read before. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Carollo: Okay. All in favor signify by saying "aye." City of Miami Page 80 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Diaz de la Portilla: Aye. Commissioner Russell: Aye. Chair King: Aye. Vice Chair Carollo: All against? Commissioner Reyes: No. Vice Chair Carollo: No. It passes 3-2. Ms. Mendez: Second reading, if it could be set for 1/13? V ce Chair Carollo: Okay, that would be fine. Ms. Mendez: And then I just wanted to confirm for the pocket items, the Liberty City Trust item, was that already heard? Chair King: Yes. Vice Chair Carollo: Yes. Ms. Mendez: Okay, thank you so much. FR.3 ORDINANCE First Reading 11141 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "SUBDIVISION REGULATIONS," BY AMENDING SECTION 55-10, TITLED "BUILDING PERMITS; ISSUANCE; RESTRICTIONS; EXCEPTIONS," TO INCLUDE AN EXCEPTION TO ALLOW A PERMIT TO BE ISSUED FOR UNDIVIDED LAND IN CERTAIN CIRCUMSTANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Vice Chair Carollo: FR.3, amend Code Chapter 55, undivided land. Is this a controversial item in any way? Commissioner Reyes: Not jbr me. Chair King: I have a friendly amendment. Vice Chair Carollo: Yes. Chair King: Can we add that the program with sunset after one year to avoid unintended consequences. I don't know what else I'm supposed to say, Todd. Do you want me to just lean in right here like that? They cant hear me. You've got to get a mic that comes over here. I can't lean like this. City of Miami Page 81 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 UNIDENTIFIED SPEAKER: So, 1 believe -- Commissioner Diaz de la Portilla: Todd, Todd -- Commissioner Reyes: Commissioner, you need an extension. Commissioner Diaz de la Portilla: -- give her the handheld mic. Commissioner Reyes: That's it. Commissioner Diaz de la Portilla: That's what the future chairwoman needs. Chair King: For sure it's going to be comedy for me. 1 have a wonderful sense of humor you guys. Commissioner Reyes: God bless her. Chair King: So, if the body is okay with that, I'd like to add that friendly amendment that it sunsets -- Commissioner Diaz de la Portilla: So moved. Chair King: -- after one year to -- Commissioner Diaz de la Portilla: So moved. Chair King: -- avoid unintended consequences. Commissioner Reyes: Second. Commissioner Diaz de la Portilla: So moved. Commissioner Reyes: Second. Vice Chair Carollo: It's moved, second. All in favor signify -- Todd B. Hannon (City Clerk): Chair? Chair? It's a first reading ordinance. We need to read the title. Commissioner Diaz de la Portilla: Ave. Vice Chair Carollo: That's right. Yeah, he needs to -- correct. If you could incorporate that into the -- thank you, the first reading ordinance -- Barnaby Min (Deputy City Attorney): Yes. Vice Chair Carollo: -- on FR.3. Mr Min: FR.3 The Ordinance was read by title into the public record by the City Attorney. Mr. Min: And we will include the amendment proposed by Commissioner King. I believe the sponsor, Commissioner Reyes, also had a proposed amendment to limit it to unplatted parcels of 10 contiguous acres in size. Commissioner Reyes: That's right. City of Miami Page 82 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Mr. Min: So, assuming that amendment is also accepted by the body, then it will incorporate both those amendments. Commissioner Reyes: Okay. Vice Chair Carollo: And the -- is there any further questions in this? If not -- Commissioner Diaz de la Portilla: I have -- I have one. Vice Chair Carollo: Yes. Commissioner Diaz de la Portilla: Mr. Chair, can you read the last part again, slower? Mr. Min: The proposed amendment? Commissioner Diaz de la Portilla: Yes, the last part of the proposed amendment. Mr Min: The proposed amendment by Commissioner Reyes, I believe, is to clam that this language shall only apply to unplatted parcels of 10 contiguous acres or more in size. Commissioner Diaz de la Portilla: And what's the reason for that, Commissioner Reyes? Commissioner Reyes: Well, the -- the only places that 1 -- that I think it could happen it is on land that is -- those parcels of land that they are large parts of land, and they want to build, let's say for example, a basketball court or whatever you see, that they don't have to go into -- into a plat. Okay? And if that happens, well, if they're going to do anything else or they have smaller plat, they should go through the process. That's all. Okay? Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: All right? Vice Chair Carollo: Any further questions or concerns? Hearing none, with the amendments included, all in favor signify by saying "aye." The Commission (Collectively): Ave. Vice Chair Carollo: Passed unanimously. END OF FIRST READING ORDINANCES City of Miami Page 83 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 11128 Department of Solid Waste A DISCUSSION REGARDING THE BULKY TRASH COLLECTION COST STUDY REPORT. MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Continue CONTINUED Manolo Reyes, Commissioner Christine King, Commissioner King, Carollo, Russell, Reyes Diaz de la Portilla Note for the Record: Item DLI was continued to the January 13, 2022, City Commission Meeting. Note, for the Record: For minutes referencing Item Number DLI, please see "Order of the Day." DI.2 DISCUSSION ITEM 8961 City Manager's Office & Department of Code Compliance DI.3 11081 City Manager's Office A DISCUSSION REGARDING THE PROPERTY AT 6789 BISCAYNE BLVD, DBA LA PLACITA. MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Withdraw WITHDRAWN Manolo Reyes, Commissioner Christine King, Commissioner King, Carollo, Russell, Reyes Diaz de la Portilla Note for the Record: For minutes referencing Item Number DL2, please see "Order of the Day." DISCUSSION ITEM A DISCUSSION REGARDING THE REDISTRICTING UPDATE. RESULT: DISCUSSED Vice Chair Corolla: We have FR.2 that we're going to carry and then in the D.1 (District 1) discussion items, the only one that we have that hasn't been deferred or withdrawn is DI.3, redistricting. Miguel De Grandy: Madam Chair? Let me first recap where we are. Last meeting there was a consensus on the following: one, the chief substantial equality as opposed to mathematical equality, maintain the core of existing districts wherever feasible, City of Miami Page 84 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 look at voter cohesion and preserve traditional neighborhoods and conmaunities of interest together, also when feasible. There's other criteria that has not been discussed. I assume that you want to include contiguity. You don't want districts broken up by another district, so that's a factor to consider and, for you to direct me to enforce. There's the issue of compactness. Compactness, quite frankly in this plan, would be extremely difficult to achieve. And then there's also another traditional redistricting criteria, which is the use of manmade or natural boundaries. Now in terms of timing, I think it was Commissioner Diaz de la Portilla that inquired, you know, if we go past March what are the consequences. I had the opportunity to have a discussion with the supervisor of elections. If the plan is approved by March, then they could do the re-precincting together with the County at no cost to the City. If the re- precincting occurs -- if the plan is not ready in time and the re-precincting has to occur after they have re-precincted the entire county, the approximate cost in staff time, and she said that's very ball park, it could be more or less, is $20, 000, and the approximate cost of production of new voter cards, mailing costs, et cetera, would be approximately $115, 000 for a total of $135, 000. That's basically, you know, the information that I have now The purpose of this meeting, as I understand it, was for you all to consider additional criteria and direct me accordingly. So, I'm at your disposal. Commissioner Diaz de la Portilla: Mr Chairman? Vice Chair Carollo: Yes. Commissioner Diaz de la Portilla: What's the total cost? Vice Chair Carollo: 135. Commissioner Diaz de la Portilla: 135. Mr De Grandy: 135. Vice Chair Carollo: If may, Commissioners? While the cost, that's real money, it's, at the same time, not something that is going to break -- Commissioner Diaz de la Portilla: Break the bank. Vice Chair Carollo: -- the City if we need to go over. However, I want to be very clear, I would like to see if we could make every effort to finalize this by March. The reason is that I think it's important that in districts that are going to gain additional areas that you get to know those areas better that Commissioners can work with the new areas more. For instance, in your case Commissioner Diaz de la Portilla, you need to acquire, I don't know, 7, 8,000 more people. The only logical way that you could get more is by going towards Wynwood, I believe. That's mainly a Hispanic area, because if you go some of the other ways, you start getting districts that get broken up. You've got some other areas along the river on the other side -- well on your side of the river Commissioner Diaz de la Portilla: Right. Vice Chair Carollo: -- across from mine, that I think are also areas that you could go and are attractive, and those are non -African American areas. Mainly Hispanic or Anglos, basically that are in District 5. District 5 is going to have to acquire some additional areas also, so what I suggest strongly is that you meet with Mr. De Grandy so you can go over with him, you know, what are some of your preference. Commissioner King also. Even though she got newly elected, you know, she will be running again, I am sure, in the future and reelected. She's going to do a good job. So, these, you know, are the areas that we need to get accomplished so that he could come City of Miami Page 85 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 back to us hopefully in January sometime and we can look at a plan that most of us have given serious input and then we can finesse whatever else we have to then and then have one major public hearing. Commissioner Diaz de la Portilla: Right. Vice Chair Carollo: But, you know, it's just 20 percent up here giving an opinion. That all that it is. Commissioner Diaz de la Portilla: Mr. De Grandy, while 1 happen to be in a place and I happen to be in the middle, right? I'm in the middle of the city, right? So, I'm in the middle. Mr De Grandy: Kind of yes. Commissioner Diaz de la Portilla: Right. So, there's an artificial boundary which is I- 95, right? And you would countl-95 or US-1 for that matter, as artificial boundaries, right? Mr De Grandy: Well, those are manmade -- Commissioner Diaz de la Portilla: Manmade boundaries. Mr De Grandy: Manmade. Commissioner Diaz de la Portilla: Manmade. Artificial. Mr De Grandy: Yeah, manmade. Commissioner Diaz de la Portilla: There are either natural boundaries or artificial boundaries or manmade. Mr De Grandy: That includes highways, section line roads -- Commissioner Diaz de la Portilla: Highways, right, so 1-95 and then US-1 goes to -- Mr De Grandy: The river. Commissioner Diaz de la Portilla: River that's natural. Artificial would be I-95, US- 1, right? Mr De Grandy: US-1. Commissioner Diaz de la Portilla: 836. Mr De Grandy: Section line roads. Commissioner Diaz de la Portilla: Right. Mr De Grandy: Major roads, as opposed to a street -- Commissioner Diaz de la Portilla: Railways, right. Right. Mr. De Grandy: -- you know, in a neighborhood. Commissioner Diaz de la Portilla: So because I happen to be in the middle, talking now about District 1, but my district happens to be in the middle, I really can't go City of Miami Page 86 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 north, right, because the northern district is a -- it's a protected category, right, it's an African -American area? Mr De Grandy: Yes. Commissioner Diaz de la Portilla: Right? Mr De Grandy: The -- I'd have to look at what the numbers are in terms of racial composition in the boundary, but generally, yes, you're correct. Commissioner Diaz de la Portilla: Right. Vice Chair Carollo: The only area -- Commissioner Diaz de la Portilla: Well, but -- bet me finish -- Vice Chair Carollo: But ifI could just say this and you keep it in mind. Commissioner Diaz de la Portilla: Yeah. Vice Chair Carollo: The only area that I don't know if it's mainly Hispanic or if it's more African -American that you possibly might go up and it's just going to be like a hair is up towards that part of 36th -- Commissioner Diaz de la Portilla: Correct. Vice Chair Carollo: -- 36th Street. Commissioner Diaz de la Portilla: Or maybe up to 40th Street, 40th or something like that. Vice Chair Carollo: Yeah, yeah. So that you could even your district up. Commissioner Diaz de la Portilla: Right. Vice Chair Carollo: But that's minute. Commissioner Diaz de la Portilla: Right. Vice Chair Carollo: And that's the only area north that maybe you could go up, maybe not. Commissioner Diaz de la Portilla: Right. In some parts of the district, I go up to 38th, 112th, right? So, in some parts that only go up to 36th, maybe I can go up to 38th. If I get into the minutia on the details, but in essence, we go beyond 112, north of 112, we're entering into African -American neighborhoods. Vice Chair Carollo: Yes. Commissioner Diaz de la Portilla: And we can't touch that area. Vice Chair Carollo: Well, you can't because then you 're going to be taking away from the purpose of why we did the districts to begin with. Commissioner Diaz de la Portilla: Right. Correct. Mr De Grandy: We cannot dilute the voting strength of that community. City of Miami Page 87 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Diaz de la Portilla: Cannot dilute the voting strength. So, the logical thing, and then follow me and tell me if1'm wrong, is that 1 would go south, right? Because I can't go west because Miami ends where 1 am, right? So, 1 would have to go south. I being District 1, not me, it could be anybody else, but District 1 would have to go somewhat south. Mr De Grandy: Possibly, yes. Commissioner Diaz de la Portilla: Right. And that means District 4 and 3 would have to go -- would have to kind offigure it out between 3 and 4 how they split that up, but they still have to -- need to add people. But they have places like Douglas Park, 577, and those places that will be added, right, to kind of make it --1 don't know if it's enough people to make it up, but to maintain the integrity of each district, we sort of can figure out how these three districts, right, 1, 3, and 4 could be kept whole for lack of a better term without going into District 2 and other areas like that. We're going to have to go into District 2, but we really want to go peripheral -- you know, a little bit into District 2, think only 28,000 plus that he has that he's representing, right? Vice Chair Carollo: District 2 is going to change considerably. Commissioner Reyes: It's the one that's losing the most. Vice Chair Carollo: Any way you want to look at it. Commissioner Diaz de la Portilla: You got to take because it goes around. Vice Chair Carollo: It's going to be totally different. Commissioner Diaz de la Portilla: Right. So, to avoid any of the petty fights about which avenue and which street at the end of the day, in my -- in the District 1 case we're kind of in the middle. We have to protect District 5 and then 3 and 4 we have to make sure that we keep the structural integrity and the ethnic integrity, for lack of a better term again, in those two districts. But we can add people from District 2 to kind of get there. Is there a problem with -- is there a problem with splitting Coconut Grove up? Commissioner Russell: Oh, yes. Commissioner Diaz de la Portilla: No, no, no, no. Commissioner Russell: Let me get the microphone. Commissioner Diaz de la Portilla: No, no, no. Commissioner Russell: Yes. Commissioner Diaz de la Portilla: Well maybe to you, but you're 20 percent like Vice Chair Carollo is 20 percent. Commissioner Reyes: And I'm 20 -- Commissioner Diaz de la Portilla: Like I am. Commissioner Reyes: I'm 20 percent too. Commissioner Diaz de la Portilla: We're all 20 percent. We're all 20 percent. Commissioner Reyes: We are 20 percenters. City of Miami Page 88 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Diaz de la Portilla: We're all 20 percent. We're the 20 percenters here. Vice Chair Carollo: And this one is not 50 plus one, sixty then you have to get -- Commissioner Diaz de la Portilla: We're all 20 percenters. The question -- the legal question to you is there a problem with -- because Coconut Grove is also like Coral Gables is, you know, a different city, but there's an ethnic diversity in Coconut Grove too. Is there a problem with splitting Coconut Grove, as an entity, based on where the Hispanic voters live, let's say Bay Heights, areas like that, versus other areas? Is there an issue with that? Mr De Grandy: Let me rephrase your question instead of problem if question is is there a -- Commissioner Diaz de la Portilla: Legal problem. Mr De Grandy: -- legal impediment -- Commissioner Diaz de la Portilla: That's what I meant. Mr De Grandy: There's no legal impediment to breaking up any community of interest. Its up to you to provide that policy direction. Commissioner Diaz de la Portilla: Right. The communities of interest are something that -- that no longer applies, right. So there is no problem that we decide that this Commission as a body, let's say three of the 20 percenters get to 60 percent and they're able to decide that hey, it's okay to take some of those precincts and move them into some other districts and take away the 28 -- the 28 -- Take away some of the 28K plus that you have in additional voters, residents that you shouldn't have. Is that okay? And then is that okay to also split up other communities to the east of all these districts? Because remember Commissioner Russell of District 2 circles all of these, right? It kind of goes like this. Mr De Grandy: Yeah. Commissioner Diaz de la Portilla: Is it okay to go -- Mr De Grandy: Yeah. There is no legal impediment to breaking up any community, of interest. Commissioner Diaz de la Portilla: Okay. Mr De Grandy: I could break up Little Havana if you direct me to, not that you will. Commissioner Diaz de la Portilla: But Little Havana is -- Mr De Grandy: But there is no legal impediment. Commissioner Diaz de la Portilla: The problem that we have -- that's really my question. It's really legal impediments. The problem that we have is there's no reason to do that because we're all kind of in the middle, right? I'm here, or District 1 is here, District 4 is here, District 3 is here, and District 5 is here, and then District 2 runs all the way around. Mr De Grandy: Right. City of Miami Page 89 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Diaz de la Portilla: And the only one that has an abundance of citizens, of voting age population, is this one. Not you, this one, but District 2. So, what happens is that you have to take away from him no matter what. Vice Chair Carollo: Yep. Commissioner Reyes: Yeah. Mr De Grandy: Yeah. Commissioner Diaz de la Portilla: No matter what. And we're kind of in the middle. So, our debate could be about whether it's 3rd Street or 2nd Street or 4th Street or 1st Street. Who cares, right? Those are all common communities. Mr De Grandy: Yeah. Functionally -- functionally, Commissioner, I have a wall between District 5 and District 2. Now I can play around the edges there. Commissioner Reyes: The edge. Mr De Grandy: You know, without diluting that minority community, but I can't get 28,000. So functionally I have to get a big chunk of the overpopulation in District 2 from the southern part of that district. Commissioner Diaz de la Portilla: Right. That's my question. But -- almost done. Commissioner Russell: Not necessarily true. Commissioner Diaz de la Portilla: Well -- well, let me finish and then -- Mr Chair, if I may? Nee Chair Carollo: Sure. Commissioner Diaz de la Portilla: So, in essence you're going to get as much as you confront the east, right, functionally, that wall. You're going to move it as far east as you can. Mr. De Grandy: Yes. Commissioner Diaz de la Portilla: Without impacting the minority district, District 5? Mr De Grandy: Correct. Commissioner Diaz de la Portilla: The African -American district, right? Mr De Grandy: Without diluting it. Commissioner Diaz de la Portilla: You're going to get as much as you can get without impacting -- without diluting District 5. And then when you -- let's say you get 8,000, 10,000, 12,000 people, whatever you get out of that, ifyou can get that much, I don't know Mr. De Grandy: I doubt it. Commissioner Diaz de la Portilla: I doubt it too. But let's say it's 7,000, 5,000, whatever, and then you've got to go to the south, right? So, you've got to go across US-1 going south. City of Miami Page 90 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Mr. De Grandy: Yes. Commissioner Diaz de la Portilla: How do you not dilute, then, District 3 and District 4? Can you survive -- can you keep -- again, I'll call it --1'll call it the ethnic integrity, let's call it that for lack of a better legal term. I'm not talking legalities, because you're the lawyer, that why you do what you do. The ethnic integrity of District 3 and 4, how far south can you go and are there enough precincts around, or contiguous to District 3 and 4 that allows you to add to them, because they don't need that many people, add to them without compromising the ethnic integrity of those districts. Mr De Grandy: District -- Commissioner Diaz de la Portilla: 3 and 4. Mr De Grandy: District 3, Commissioner, is approximately 88 percent Hispanic and District 4 is approximately 90 percent Hispanic. So, taking population that may not be that high percentage of Hispanic, that may be on the other side of US -I, would not compromise the integrity of those districts at the numbers that 1 have to make. Now if I had to put, you know, all 28,000 into one district, that may create an issue. I don't think with these high numbers it would, but -- but 1 don't think that District 3 or District 4 will be compromised in terms of that minority community's ability to elect candidates of choice. Commissioner Diaz de la Portilla: Mr Chair, ifI may? If 1 may? Vice Chair Carollo: You have the floor Commissioner Diaz de la Portilla: In terms -- in terms of voting age population, how about what we discussed at the last Commission meeting in terms of electoral performance have you looked at that? Mr De Grandy: That is what we look at as we're crafting a plan. I mean, right now -- let me take a step back. Right now, we haven't crafted any plan because we don't have your direction. Once -- if you give me all my marching orders today that's when I start drafting the plan. So -- Commissioner Diaz de la Portilla: Well, we asked you -- we asked you for it -- for you to get data -- electoral data -- electoral data. You were going to buy something. You said it was going to be expensive. We're not going to pay that much. Mr De Grandy: Yeah. Commissioner Diaz de la Portilla: We're going to figure that out. But that's a different conversation. Mr De Grandy: If I understand what you all wanted, the -- there's two things. If you're going to load all this data into a plan, it is time intensive and costly. If you're going to do the analysis as you 're crafting a district, you don't need to load the data. Commissioner Diaz de la Portilla: Correct. Mr. De Grandy: Because you could look at what you were talking about -- Commissioner Diaz de la Portilla: Election results. Mr De Grandy: -- of saving, hey, I could get election information by precinct very cheaply. Of course you can. And we could look at that and say, okay, you know, here's City of Miami Page 91 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 how we would be drawing the district. Now let's look at the precincts in there, how they performed in terms of voter cohesion, in terms of turnout, et cetera, we will not need to load that data. Commissioner Diaz de la Portilla: Okay. In simple terms then, Chair? Vice Chair Carollo: You have the floor When you're done, you let me know, well go to Commissioner Russell. Commissioner Diaz de la Portilla: Thank you, sir Vice Chair Carollo: And then we can go on to each other member of the Commission. Commissioner Diaz de la Portilla: Thank you. In simple terms, if we identifY three precincts and we look at how many people voted, that's electoral performance in the last three elections. Mr De Grandy: Uh-huh. Commissioner Diaz de la Portilla: Whatever municipal or county elections. We know how many people voted. And then we also know how many people are registered, right? But we also know how many 18 plus voting age population people we have, right? Mr De Grandy: Correct. Commissioner Diaz de la Portilla: So, we could do all that and let's say Commissioner Reyes or Commissioner Carollo or District 3 -- let's not use names. District 3 or District 4 needs 7,800 or 85 -- 9,500 we know that we can add that immediately, right? That's not that difficult to get to, right? Mr De Grandy: Right. Commissioner Diaz de la Portilla: So, if we can do it that way, we have a better idea of how we -- how much of Coconut Grove we need to go into. By the way, Commissioner Russell, I don't know about the rest of my colleagues, but I have no interest in representing Coconut Grove, to be honest with you, but I'm not sure if you guys do either Vice Chair Carollo: Well, I don't think you'll be able to make it from your district all the way down -- Commissioner Diaz de la Portilla: Yeah, exactly. So, I know I'm never going to get there, but I know there's a potential -- Mr De Grandy: You will not -- Commissioner Diaz de la Portilla: There's a potential for two of them together and I'm not sure that they really -- Vice Chair Carollo: Unless you want -- Commissioner Diaz de la Portilla: -- are really hot about doing that anyway right? Vice Chair Carollo: Unless you want to give up all of Flagami, and I don't think you're going to do that. City of Miami Page 92 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Diaz de la Portilla: Well, that's not going to happen either That's not going to happen, so we know that. Commissioner Reyes: You going to give up -- I mean, he's part of Flagami. My part of Flagami because then I will have to move. Mr De Grandy: There is Commissioner, one way you can get to the Grove is if you vote not to have contiguity. If you vote not to have contiguity, I could give you a piece of the Grove. I wouldn't recommend it, but you could do it. Commissioner Diaz de la Portilla: I have no interest. To be honest with you, I love the Grove, great restaurants, but I have no interest in getting any part of the Grove. To be honest with you. V ce Chair Carollo: But -- Commissioner Diaz de la Portilla: But they have good restaurants and great pizza place too there by the way. Nee Chair Carollo: But did you change your interest that we heard from the last meeting on Wynwood. Commissioner Diaz de la Portilla: That's okay. Commissioner -- Mr Chairman, I'm only looking out for your interest. You don't have another reelection. So, in essence, look, the reality here is that we're not really doing anything to benefit any particular one of us. It kind of how we -- how the elected officials here represent -- how we have categorical representation. How we have people that represent the people that are like them and think like them, right? And that's important. I think that's important. So, people -- that's what we have with a representative form of government and we have to have people that think like us and, you know, we represent those people. So, if we go into the Grove, what's wrong with just getting a little bit of that to make sure that we don 't -- we don't jeopardize the ethnic integrity of our districts, of these districts in particular there two southern districts. And of course, without touching the racial integrity of District 5. The only place to go to is District 2. No matter where we go. Whether we go east or whether we go south. So that's kind of what my thinking and I'll leave it at this. My thinking is you sort of work with that way of thinking of how we're going to get there. We have to go -- we have to take away from District 2 no matter what. Figure out a way to just give everybody a little bit without -- if we can, because they're not a protected category by the way. District 2 is not White, Anglos are not protected. So, if the district happens to go Hispanic, it goes Hispanic. Vice Chair Carollo: Well -- Commissioner Diaz de la Portilla: Right? Vice Chair Carollo: Let me say this. Commissioner Diaz de la Portilla: And that's it. So that's kind of my thinking and I'll leave it at that. Pee Chair Carollo: The purest of the Hispanic districts is District 4. Much more than yours or mine. And I say that because while -- we have to go by law in making districts based on how many people live in them, once we break down on how many of those people are voters, that makes a big difference. Commissioner Reyes: Absolutely. City of Miami Page 93 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Vice Chair Carollo: A tremendous difference. So, they're not then as pure in the percentage of Hi,spanics that vote in these three districts. And particularly in my district and then secondary in Commissioner Diaz de la Portilla's district. You know, we have to also look at that because otherwise the concept that I championed, and that I brought up for the change of districts, so that we could keep a balance and harmony in the City is going to be changed and where the biggest danger lies in it being changed is not in keeping an Anglo seat or a Black seat would be in changing one or two of the Hispanic seats. Commissioner Diaz de la Portilla: Sure. Vice Chair Carollo: I -- look, what you stated that we have to go into District 2, you know, that's a given. I don't see how we're not going to have to be able to go into the Grove, and that the Grove is going to have to be split in either two or three parts. And if you really think about it, the Grove has got different points of views if you want to call it that. The southern part is very different from the center Grove, to the north part of Coconut Grove. And I'm not even including the Bahamian Grove. Commissioner Diaz de la Portilla: Right. Vice Chair Carollo: So that's really a fourth area if we go into it. So, the Grove, I have to look at it, that it will be broken up into at least two areas. It could be in three depending on how the numbers that you have break down. And then you're going to have to go somewhere east also, instead of west. Commissioner Diaz de la Portilla: I can't go west. Commissioner Reyes: Wait. Vice Chair Carollo: Well -- Commissioner Russell: Annexation. Vice Chair Carollo: Not unless the County gives us some of that land where they should have. Commissioner Russell: Blue Lagoon, Brownsville. Commissioner Diaz de la Portilla: Well -- we would have to annex -- for me to go west we would have to annex the Pink Pussycat, and we're not going to annex the Pink Pussycat, so we're good to go. Commissioner Reyes: Mr Chair? Commissioner Diaz de la Portilla: That's a reality. Commissioner Reyes: Mr. Chair I think that -- Mr De Grandy: I don't think there's population there, Commissioner. Commissioner Diaz de la Portilla: Well, I've never been there, so I don't know Commissioner Reyes: I -- I -- ou know, listening to everything that you have said, you see, all of this is kind of speculating. You know, we are -- but unless you sit down and start moving lines -- Vice Chair Carollo: That's really -- City of Miami Page 94 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Reyes: -- and then bringing those suggestions to us, 1 don't think that we are going anywhere, you see. You know very well that we want to maintain, as much as possible, the integrity of the districts. Mr De Grandy: Correct. Commissioner Reyes: And also, Commissioner Carollo and Commissioner Diaz de la Portilla they have -- I mean, good point on it because the amount of voters that they have now, they are not necessarily represented of the population they have because they are -- those two districts are the two districts that 1 could bet that they have the least amount of -- I mean, the biggest amount of non-voter residents because they are not -- they are not American citizens, you see. 1 don't know if you agree with me, Commissioner Carollo and Diaz de la Portilla. And that is another thing when you are adding to those districts, you see, you might be adding a voting block that could dwarf the population and the voting capability of -- of the existing population. And that is something that don't envy your job, I don't want it because any way you do it, you 're going to get the wrath of all of us, you see. Mr De Grandy: That's true. Commissioner Reyes: Because every one of us, you see, we want to protect our district, you see. Vice Chair Carollo: Well -- Commissioner Reyes: But unless you bring something, my dear colleagues, I mean, we don't know what's going on. And, Commissioner Russell, you see, you are the one that -- that's going to lose the most voters or the most people simply because you are overpopulated and that overpopulation has to be distributed in order to have some sort of equity in the numbers of -- I mean, and that's it. Where are they going to come from? I don 't know. It might have -- it is logical because if you want to add to my district, I cannot go -- talking the same way that we were talking north, south, and east, I won't be able to go north because I will be taking from Diaz de la Portilla, that needs more voters. I cannot go west because I'm going to be hitting on Carollo, and the only way that I can go is south, you see. I paean, and this guy has to be -- become a magician and at least I think that we should allow him the opportunity to come -- Vice Chair Carollo: Yes. Commissioner Reyes: -- and try to draw the lines based on what we have -- you have heard here and come to every single one of our offices and say, like you did a few days back, that you went by my office, you went by every single Commissioner's office, this is a way that it could be. But you are just -- I mean, you were showing us as probability. This is probable, this is what we're going to do. Now we want to be more - - I would want you to be more specific and say, your district might look like this if we do it like -- and then I will give you my opinion, Commissioner Carollo will give you an opinion, and Commissioner King, and so on, Diaz de la Portilla, then we will have our objections or our approvals and then you will have to redraw Mr. De Grandy: That's correct. In terms ofprocess, again, today I'd like to leave with finalizing what your criteria is. There's still two or three things that we need to talk about. Once I have that, I can proceed to start looking at lines, looking at, you know, voter turnout, looking at all those issues and -- Commissioner Diaz de la Portilla: Mr Chair? City of Miami Page 95 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Mr. De Grandy: -- crafting a draft plan. When I do that, I present the plan to you, and it's presented in a public hearing. You all can tell me, I don't like this, move this line, move that line, wherever there's three votes that's what 1 do. And then 1 come back in a subsequent public hearing and present to you a final plan. But right now, what I need most is to finalize what are my marching orders, what's my criteria? And then we'll go from there. Commissioner Reyes: You have it. Mr De Grandy: Well, we still have -- Vice Chair Carollo: No, no, no, no, no, no. Mr De Grandy: -- three things left. One, I assume you do want contiguity? Commissioner Russell: Yes. Mr De Grandy: And if that -- Commissioner Reyes: Yeah. Mr De Grandy: --1 see a consensus there. Vice Chair Carollo: As much as we can. Commissioner Reyes: That's what we said before. Mr De Grandy: Compactness. Again, I don't think compactness is a feasible alternative in light of your wanting to maintain the core of existing districts, et cetera. So, is there a consensus on that, one way or another? Vice Chair Carollo: I wouldn't have any problems taking it out because it's going to have some -- Commissioner Russell: Compactness is not crucial. Vice Chair Carollo: -- minor changes. Mr De Grandy: No, no. I have two nos on compactness. Commissioner Russell: I mean, look at my district. It's the least compact as a district could be. Commissioner Diaz de la Portilla: That s 40 -- that's 40 percent. With compactness the problem is -- well, Mr Chair? Mr De Grandy: For compactness I have to draw a new plan. I mean, look at the districts the way they're drawn. They're not compact. Commissioner Diaz de la Portilla: Well -- Well -- Commissioner Reyes: Only yours, Commissioner Diaz de la Portilla, is compact. Commissioner Diaz de la Portilla: No, not really. So is yours and so is Commissioner Commissioner Reyes: No, because I go like this. City of Miami Page 96 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Diaz de la Portilla: Yeah, yeah. The question -- but the one that's least compact is Commissioner Russell district, District 2, right? Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: It the one that goes all the way like that, right? Mr De Grandy: Right. Commissioner Diaz de la Portilla: So, 1 have no problem with getting rid of compactness at the end of the day. You said two or three things that you have to have direction on. Mr De Grandy: Right. Commissioner Diaz de la Portilla: What are those two or three things? Mr De Grandy: Contiguity, compactness -- Commissioner Diaz de la Portilla: Contiguity. Mr De Grandy: 1 see three votes. And then the last one is use of manmade or natural boundaries, yay or nay. Vice Chair Carollo: That would be -- Commissioner Russell: As much as possible, yes. Vice Chair Carollo: Yeah. Well -- Commissioner Diaz de la Portilla: Well, no. Well -- Commissioner Reyes: That's doesn't -- (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Diaz de la Portilla: Let me tell you why. Vice Chair Carollo: You can't -- Commissioner Diaz de la Portilla: You have to cross US-1. Commissioner Reyes: That's right. Vice Chair Carollo: Yeah, you have to. Commissioner Diaz de la Portilla: That's a manmade issue, right? Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: So, you have to cross US-1. Chair King: Mr Chair? Commissioner Diaz de la Portilla: Unless -- the real question -- hold on, Mr. Chair. If I may? The real question is we haven't done the math yet on whether we can get it on the east side or enough on the south side, without crossing US-1 or without crossing 95 in certain parts. Can we get there? And without impacting District 5? City of Miami Page 97 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Mr. De Grandy: 1 don't think -- Commissioner Diaz de la Portilla: Do we have to cross US-1? Let me ask -- let me -- Mr De Grandy: I think that's very probable. Vice Chair Carollo: You absolutely must. Commissioner Diaz de la Portilla: Okay. Vice Chair Carollo: For instance. Mr De Grandy: 1 think that's very probable. V ce Chair Carollo: Let me give you one simple one. District 2 has a big chunk or a very large part, Douglas, that's across US-1. Very Hispanic area. Commissioner Diaz de la Portilla: Right. Nee Chair Carollo: That should have always been part of District 4, but it wasn't. Commissioner Russell: On the north side of US-1. Vice Chair Carollo: Yeah, on the north side. Commissioner Diaz de la Portilla: Right, right. I'm saying you have to cross US-1. Pee Chair Carollo: Yeah. Yeah, but you're going to cross it both ways is what I'm saying. Commissioner Diaz de la Portilla: Oh, yeah. You're crossing it coming from south to north. But my question is that part in District 4 that we're talking about was Douglas Park and all that area is there -- are there seven -- how many votes is it in District 4 that he's short? Mr De Grandy: Let me see. Commissioner Diaz de la Portilla: If you take his district -- if you take District 4 all the way without crossing US-1 going south -- Commissioner Reyes: (INAUDIBLE). Commissioner Diaz de la Portilla: Can you get -- Mr De Grandy: Yeah, seventy -some thousand. Commissioner Diaz de la Portilla: 7,500? Vice Chair Carollo: But you can't go by the votes, you've got to go by population. Commissioner Diaz de la Portilla: How many? Mr. De Grandy: Approximately -- approximately 78,000. Commissioner Diaz de la Portilla: That's why I'm asking. That's why I'm asking. You have to go -- it's voting age population, right? It's VAP, right? City of Miami Page 98 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Mr. De Grandy: No, no. You do the plan based on total population. Commissioner Diaz de la Portilla: On the whole population? Not voting age population? Vice Chair Carollo: No. Mr De Grandy: Correct. Vice Chair Carollo: Total of -- Commissioner Diaz de la Portilla: That's even better. So, is it possible for District 4, hypothetically, without crossing US-1 going south, to make up whatever he needs, whatever District 4 needs, with just those precincts not crossing that artificial boundary, US-1? Mr De Grandy: Yeah, it may be possible. And again -- Commissioner Diaz de la Portilla: Well, those are the numbers that we need. Mr De Grandy: Based on the criteria -- Commissioner Diaz de la Portilla: Those are the numbers that we need. Mr De Grandy: For example, you've already told me substantial equality is okay. So, 1 can start looking at, okay, do I maybe under populate all four districts by 5 percent and overpopulate District 2 by 5 percent. Commissioner Diaz de la Portilla: Right. Mr De Grandy: That means I have to move less than 28,000. Commissioner Diaz de la Portilla: So how many? So, you're talking about 24, 25. Mr De Grandy: It depends. Commissioner Diaz de la Portilla: Right. Mr De Grandy: It depends on ultimately what your criteria is and then how I can maneuver that. Commissioner Diaz de la Portilla: So, what -- so what I would like is to know what those numbers are before any public hearing, right? By our January -- Mr De Grandy: I'll meet with you. I -- Commissioner Diaz de la Portilla: No, no, no. Not I, don't mean, I I mean, the Commission. Mr. De Grandy: Okay. Commissioner Diaz de la Portilla: I want you to tell all of us, not rue personally, all of us, how you can get there with the numbers. If it's all population, how can we keep the structural integrity of these districts without crossing US -I. If we have to cross -- if you're sure that we have to cross US-1, how far south do we go when we cross. Mr De Grandy: I think the best way is to actually draft a plan and show it to you. City of Miami Page 99 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Well, weren't you going to do that? Mr De Grandy: Yes. Commissioner Diaz de la Portilla: Didn 't we talk about that? That you were going to give us three maps -- Mr De Grandy: A draft plan. Commissioner Diaz de la Portilla: -- three maps and we talked about all that last Commission meeting? Mr De Grandy: Well, it depends on how many maps you want. Vice Chair Carollo: Well -- Commissioner Diaz de la Portilla: Well, I think Commissioner Carollo talked about three -- two or three maps. Vice Chair Carollo: No. At that meeting I mentioned two maps. Commissioner Diaz de la Portilla: Right. Vice Chair Carollo: From what I'm seeing is if we're going to be on target and less complicated, I think we need to establish a process to go forward, how quickly he can meet with every one of us. Commissioner Diaz de la Portilla: Okay. Vice Chair Carollo: And then he's going to have to come back and meet with us so he could be ready in January to publicly present a plan that obviously that's the plan that we could then, you know, give him our input until three of us come to a conclusion, how we want it. There's two of us here that are not affected anymore, that can't run again, that's Commissioner Russell and myself we're term limited out. He's got two more years unless he resigns to run, I've got four But we both have an interest in our districts. I think his is similar in some ways to mine, but different in other ways. My main interest in my district, and your district Commissioner Diaz de la Portilla, and Mr Reyes' district, is that I'm sure that we're going to keep the balance of the Hispanic population where we're going to be getting Hispanics elected there. Commissioner Diaz de la Portilla: Of course. Vice Chair Carollo: In my district, for instance, and secondary is to yours, and a little bit in Little Haiti in Commissioner Kings, we have tremendous undercounts in population. Why? Because it's a working class neighborhood. They're hard to count because they're constantly moving. Two, you have a certain percentage of the population that, you know is not here legally. So, you know, they don't want to be counted by the Census no matter what. So, we have a tremendous -- and I have the most, undercounted district of them all. Commissioner Diaz de la Portilla's second by a lot. A lot more than the others. And that's where we also get hurt. Because then we're having to go into other areas because we're not counting the real population of the district. And then on top of that, we have the handicap, that that population, voting wise, is smaller than other areas you might go into where if you go too much one way or another, it could affect, substantially, a district in our three. In Commissioner City of Miami Page 100 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Russell's district no matter how you cut it, you're going to have an Anglo elected to that district. 1 mean -- Commissioner Russell: Or even a Japanese American. Vice Chair Carollo: Well even a Japanese Anglo American. You might not get another one that can do the yoyo so good, but -- Commissioner Russell: Never Vice Chair Carollo: I agree of that. In Commissioner King's District, there's no way that 1 could see that any time soon you're not going to have an African American elected there. The problem lies in the others. In my district in particularly, with all the new buildings that 1 see that are going up, the demographics are going to change tremendously. Where are those people going to come from? Tremendous amount from other parts of the county, south Florida, the state, a lot from up north, New York, Chicago, out west, so it's changing the demographics tremendously. This is what 'feel that I have an obligation to protect. Not just this district, District 4, and District 1. The other districts, like I said, no matter how we carve them, they're going to have the representation that we intended those districts to have for some time to come. Commissioner Reyes: Mr Chair? Vice Chair Carollo: Yes. Go ahead. Commissioner Reyes: I'm going to make a suggestion. I'm going to ask, Mr De Grandy? Mr De Grandy: Yes, sir Commissioner Reyes: I heard you say that you can increase by 5 percent each district's population and by 2 percent -- decrease by 2 percent District 2. Mr De Grandy: I could potentially find a way to under populate the four districts by roughly 4 to 5 percent, keep District 2 overpopulated by 4 to 5 percent. As long as I don't have an overall more than 10, I'm in pretty much a safe harbor. Commissioner Reyes: That's it that you don't have to equalize all of them? Mr De Grandy: No. Based on the criteria you passed -- Commissioner Reyes: No -- Mr De Grandy: -- you asked for substantial equality. Commissioner Reyes: There could be some difference -- I mean, a variation of 3 or 4 percent within each district? Mr De Grandy: Yes, sir Commissioner Reyes: Okay. I would like -- I mean, out of curiosity, when you're going to bring us your proposal for how the lines are going to be drawn, take that into consideration and see how it looks. Mr De Grandy: Okay. City of Miami Page 101 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Reyes: Because if that is legal, that could he also an option that we can -- we can also try to research -- Mr De Grandy: That would create -- that would create less disruption. Commissioner Reyes: Yes. Mr De Grandy: Because what I'm hearing from you is when you talk about maintaining the integrity of districts, the core of districts, is minimize disruption. Commissioner Reyes: That's right. Mr De Grandy: I'm still going to have to ripple up. Commissioner Reyes: Yes, yes, yes. I know Mr De Grandy: Because I have to get to Commissioner Diaz de la Portilla's District as I ripple up, so there will be changes in every district, but what I'm hearing is minimize the disruption as much as you can. Commissioner Reyes: Yes. Mr De Grandy: And I'll try to do that. Commissioner Reyes: I would like to see that -- that proposal. If -- included in any other proposal that you're going to do, just changing, trying to equalize. But a proposal in which you are not totally equalizing, there is difference between the districts and population within the districts, that that difference is within the law. Okay? Mr De Grandy: Yes, sir Commissioner Reyes: Okay. Thank you. Commissioner Russell: Mr Chairman? Vice Chair Carollo: Go ahead. Commissioner Russell: Thank you. Yeah, Mr. De Grandy, I think you and I probably need to have the longest meeting because if it's District 2 that's getting broken up the most, I've walked every corner of this district twice now. Well more than twice, but two elections. So, I know the demographic breakup of my district. I know their interests. I know the geographic breakup as well, and what would be cohesive and what would be disruptive. Breaking up the Grove would be very disruptive in any sense. Even west Coconut Grove is a part of the Grove and there's enough of a stark contrast when you hit McDonald right now that we're not trying to add to that. So, we're trying to bring inclusion there, not exclusion. US-1 is a pretty hard boundary. Especially in Bay Heights, you've got a large concrete wall even. But there's plenty of opportunity in District 2 to equalize the districts without crossing US-1 into Coconut Grove. The biggest population boom is Downtown, not Coconut Grove. So, between Downtown and Brickell, Brickell's already broken up, what you would call West Brickell, as it veers into District 3. And Downtown, even Midtown. Midtown is a very clear barrier that would -- you've already got Biscayne Boulevard north of Midtown as the barrier; and then it breaks west there. Coconut Grove ends with US -I. North of there, the Douglas Road area, even the industrial area between Bird Road and US-1, you know where I'm talking about? City of Miami Page 102 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Mr. De Grandy: Yes. Commissioner Russell: Right next to Coral Gables, is now becoming highly populated. It's got more and more residential towers and more to come. The industrial's shifting. But that's not part of Coconut Grove and it is north of US-1. So, there are plenty of places where District 2 can equalize without breaking up Coconut Grove. And Coconut Grove also has its own elected body, being the Coconut Grove Village Council, which is the only neighborhood in the City that has -- that has that distinction. And at one point, you all will remember Coconut Grove was looking to secede. So, I'm saying you've got a pretty cohesive unit of a part of a district that 1 wouldn't mess with. But north of that, we do have some options. I'm still a believer in the seven district concept as a model to look at. Even just to study for the exercise. But 1 understand the will is not here on this Commission at this point. But I'd like to have a long meeting with you so we can go through the modeling -- Mr De Grandy: Sure. Commissioner Russell: -- so we can come up with some various options that we can present in a -- in a concrete manner. Right now, we're thinking very, you know, hypothetically without the numbers. And so, I'd like to work with you on that between now and the next meeting. Mr De Grandy: Absolutely, and I met, as you know, with your chief of staff, when I called to meet with you. But I'm happy to meet with you any time you want. Commissioner Russell: We'll do it. Mr De Grandy: And you too. Vice Chair Carollo: What 1 want to -- Commissioner Diaz de la Portilla: I know You texted me. Vice Chair Carollo: -- state again -- Commissioner Diaz de la Portilla: And I apologize. Vice Chair Carollo: -- very firmly on the record that what I would not be in favor of is increasing the Commission to any further size. Mr De Grandy.: Nor do I have the ability to do that, so -- Commissioner Reyes: Me either. Vice Chair Carollo: Well, I just want to put it on the record that I want to be very clear on it. Commissioner King? Chair King: Mr De Grandy, the last time you were here, I think we were clear about the direction that we wanted you to proceed in. Could you repeat what was my directives, just to make sure that I'm clear with the directive that 1 gave you? Mr. De Grandy: I mean, I didn't take it by Commissioners, I took it based on consensus. Chair King: Okay. City of Miami Page 103 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Mr. De Grandy: The directives 1 have so far is achieve substantial equality as opposed to mathematical, maintain the core of existing districts wherever feasible, which I believe you were very strongly in favor of look at the issues relative to voter cohesion, preserve traditional neighborhoods and communities of interest together when feasible. That was the motion. Chair King: Okay. So that didn't change, did it? Commissioner Diaz de la Portilla: No. Mr De Grandy: And that has not changed. Vice Chair Carollo: Well, the -- Mr De Grandy: The only additional things that we've looked at is contiguity, you're in agreement with, compactness. I think there's a consensus not to emphasize compactness, but you all need to vote on that -- Commissioner Diaz de la Portilla: Well, well, hold on. Mr De Grandy: And then use of manmade or natural boundaries. Commissioner Diaz de la Portilla: Mr Chair? Vice Chair Carollo: Go ahead. Commissioner Diaz de la Portilla: Thank you. It is not possible to emphasize compactness and draw realistic districts, right? Mr De Grandy: I mean -- Commissioner Diaz de la Portilla: If you want to have an African American district and you want to have an Anglo district. Mr De Grandy: I mean, right -- Commissioner Diaz de la Portilla: It's almost impossible to emphasize compactness. So, it's kind of like a foregone conclusion, right? Mr De Grandy: Right now, the only compact district is District 3. Okay? Commissioner Diaz de la Portilla: Right. Mr De Grandy: And so, your plan is not really a plan of compact districts. Commissioner Diaz de la Portilla: Correct. Mr De Grandy: So, if you said I want compactness as my first priority, I kind of have to redraw your plan, okay? Now the other thing -- Commissioner Diaz de la Portilla: But wait. But 1 think you sort of got our consensus you counted -- I think you counted the three, right? Mr De Grandy: For no compactness. Commissioner Diaz de la Portilla: For no compactness, right? City of Miami Page 104 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Mr. De Grandy: Right. Commissioner Diaz de la Portilla: Three out of five. 1 think that was pretty clear. Vice Chair Carollo: I'm in agreement with that. Chair King: Right. Mr De Grandy: Right. Commissioner Diaz de la Portilla: Yeah. So, I think it was three Commissioners that -- 1 don't know if Commissioner -- Madam Chair thinks, but we were the three of the five did not agree with compactness. That's not a big deal for us. Mr De Grandy: Right. Commissioner Diaz de la Portilla: But in terms of breaking up -- Commissioner Russell made a point, which I want to get your legal opinion on this, does it matter we break up Coconut Grove and does it really matter if Coconut Grove has a village council, they want to secede from the union? At the end of the day does that really matter to us? Mr De Grandy: Again -- Vice Chair Carollo: Well, they would still have a village council even if they're in separate districts. Commissioner Diaz de la Portilla: Yeah, well what I mean is does it matter, legally; that Coconut Grove wants, I say secede from the union in a sarcastic way, I mean secede from the City. Mr De Grandy: Yes. Commissioner Diaz de la Portilla: Does it really matter that Coconut Grove doesn't want to be part of the City of Miami if we break them up then? Mr. De Grandy: Matter as a political issue. Legally -- Commissioner Diaz de la Portilla: Well matter -- Mr De Grandy: -- there is no legal impediment. Commissioner Diaz de la Portilla: As I said -- yeah, that's why I said -- that's why I said legal. I was very clear. Mr De Grandy: Right. Whether it matters to you or not is a political question. Commissioner Diaz de la Portilla: I'm using matters -- give me your legal opinion. Is there a legal impediment to us -- Vice Chair Carollo: None. Commissioner Diaz de la Portilla: -- dividing Coconut Grove in half? Vice Chair Carollo: None. City of Miami Page 105 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Mr. De Grandy: No, there is no legal impediment for you to break up any traditional community. Vice Chair Carollo: By the way, we -- Commissioner Russell: I disagree, and I'd like to ask a question to that point. Mr De Grandy: Sure. Commissioner Diaz de la Portilla: Hold on. Wait a minute. Commissioner Russell: Village of West Grove -- Commissioner Diaz de la Portilla: Well West Grove is very different from the rest of the Grove. Commissioner Russell: It is -- but it's part of the Grove. Commissioner Diaz de la Portilla: But it's very different. Commissioner Russell: And it can easily be disenfranchised as well. Commissioner Diaz de la Portilla: Well -- Commissioner Russell: If it is cut up or split up you are affecting a -- Commissioner Diaz de la Portilla: But I'm trying to avoid -- Commissioner Russell: -- an at risk population. Commissioner Diaz de la Portilla: I -- do I have the floor, Mr Chair? Commissioner Russell: Am I right? Mr De Grandy. Let me -- Vice Chair Carollo: You have the floor. Mr De Grandy: If I can -- Commissioner Diaz de la Portilla: Thank you, sir. So, my -- Mr De Grandy: If I can, Commissioner before you retake the floor give you an example of -- Commissioner Diaz de la Portilla: I never thought I lost it, but that's okay. Mr De Grandy: If I can interrupt you then. Commissioner Diaz de la Portilla: Okay. Mr. De Grandy: Just to give you an example of matters versus legal significance. When I was in the legislature and we drew a plan, my district only had one city, which was Sweetwater And Sweetwater had two precincts. Commissioner Diaz de la Portilla: Right. City of Miami Page 106 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Mr. De Grandy: Sweetwater asked me to break up Sweetwater into two districts and actually gave me a proclamation and named Miguel De Grandy Day because now they had two representatives. Commissioner Diaz de la Portilla: I remember that. Mr De Grandy: So, it a political question whether you want to break up an area or not. There's one train of thought that says now you have -- Commissioner Diaz de la Portilla: And that train of thought -- Mr De Grandy: -- two representatives -- Commissioner Diaz de la Portilla: And, Mr Chair? And that train of thought is that a particular area has two representatives, or two Commissioners, they may do -- they may do better, right, than if they only have one, right? Mr De Grandy: That was the consensus of Sweetwater Commissioner Diaz de la Portilla: And if one is more effective than the other one, even better, right? So, ifyou have two Commissioners or two representatives in an area that may be better for a particular area. The legal impediment is whether it really matters that we split up Coconut Grove. Mr De Grandy: There's no legal impediment. Commissioner Diaz de la Portilla: There's no -- there is no legal impediment. Mr De Grandy: It's a policy issue. Commissioner Diaz de la Portilla: It's a policy issue. Okay. Vice Chair Carollo: Furthermore -- Commissioner Diaz de la Portilla: Thank you. Vice Chair Carollo: -- that question was crossed already back in 1996, I believe it was, when I think it was Mt: Stearns, the attorney, somehow got signatures and in the middle of our financial crisis, the worst that the City ever had, we had to have a referendum on whether the City of Miami was going to still exist or was it going to be broken up into pieces, that neighborhoods could go anywhere they wanted to or create their own city. And the City of Miami residents voted overwhelmingly -- Commissioner Reyes: Yeah. Vice Chair Carollo: -- that we were going to stay as the City of Miami. Commissioner Reyes: Who brought that up as a group? Vice Chair Carollo: It was Gene Stearns, an attorney. Commissioner Reyes: That's right. (INAUDIBLE). Vice Chair Carollo: I'm hope he's still not mad at me. Commissioner Reyes: No longer with us. City of Miami Page 107 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Vice Chair Carollo: Well, 1 think he's representing some guy from Texas these days or a guy that came from Texas. He's in California right now, 1 think. Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: Los Angeles, right? Vice Chair Carollo: Yeah, that's what 1 hear, butt could be wrong. Commissioner Reyes: Mr Chair? Commissioner Diaz de la Portilla: I think 1 read something about that. Commissioner Reyes: Mr Chair? Vice Chair Carollo: Yes, go ahead. Commissioner Reyes: May I? Mr. De Grandy, you got your directions. This is what you wanted? Mr De Grandy: Yes, sir I do. Commissioner Reyes: Okay. Place it in the GPS (Global Positioning System) and now go forth. Mr De Grandy: All right. Vice Chair Carollo: And bring one, but quite precise, plan back so we can work from there. Commissioner Reyes: That's right. Mr De Grandy: Will do. Vice Chair Carollo: Now what I'd like is a process that you make sure that you meet right away with each member of the Commission. Commissioner Reyes: Yes. Vice Chair Carollo: And it is up to us to give him the time. So, I would really plead with each of you to give him time. And then from that initial meeting, you meet with Commissioners as often as they need to meet with you. Mr De Grandy: Sure. Vice Chair Carollo: And I think that each of us would at least would want to meet with him twice if not more. Commissioner Reyes: Can I? Vice Chair Carollo: Then -- hold on. And then you're going to come back. Do you think you'll be ready for the first meeting in January? Mr De Grandy: Probably the second meeting in January. Vice Chair Carollo: Okay. So, you'll come back in the second meeting in January and give us a full presentation. There's where we're going to iron out where at least three City of Miami Page 108 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 of us, that's what it takes, are going to he at on the plan and then the next step, if we approve a plan that day, the plan is to then in February have a full blown out public hearing on the -- Mr De Grandy: Final. Vice Chair Carollo: -- new districts approved by this Commission. Commissioner Reyes: If I may add, sir? Vice Chair Carollo: Yes, go ahead. Commissioner Reyes: I -- you said bring a plan. But I would love to see the -- what 1 requested before, that you bring a plan without equalizing all the districts, you see. Mr De Grandy: That -- Commissioner Reyes: Where you can have differences -- Mr De Grandy: That's where I'm heading right now. Commissioner Reyes: -- the percentage differences and you can bring a plan that they are -- that you equalize it, but another one that within the parameters of the law you can have difference within districts that way, my opinion its going to be less disruptive. Mr De Grandy: Got it. Anything else? Pee Chair Carollo: I don't believe so. Anything else anybody would like to add to Mr: De Grandy? Madam King? Chair King: No. Vice Chair Carollo: Okay. That's it, so. Mr De Grandy: Tomorrow I'll be calling or e-mailing every one of your districts. If you could get back to me sooner than later, I would appreciate it. Vice Chair Carollo: Certainly. Mr De Grandy • And we'll meet with each one of you as we're starting to look at the data and proceed from there. Vice Chair Carollo: Very good. Commissioner Reyes: Very, good. Vice Chair Carollo: Thank you, Mr De Grandy. Mr. De Grandy: Thank you. Vice Chair Carollo: Truly. Commissioner Reyes: Thank you. City of Miami Page 109 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 DI.4 11094 Office of the City Clerk Vice Chair Carollo: Okay. Now we're done with the -- the items as we wait for Mr. Diaz de la Portilla to get back. 1 know that the men that are here, the scooter one, he'll come right back. DISCUSSION ITEM A DISCUSSION REGARDING THE ANNUAL REVIEW OF THE TERMS OF ELECTED OFFICIALS AS MEMBERS OF VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES, AND AGENCIES PURSUANT TO CITY OF MIAMI CODE SECTION 2-35. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item DL4 was deferred to the January 27, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number DL 4, please see "Order of the Day." END OF DISCUSSION ITEMS City of Miami Page 110 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 BC.1 8938 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AFFORDABLE HOMEOWNERSHIP LOAN PROGRAM TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 111 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 BC.2 8152 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 112 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 BC.3 6672 Office of the City Clerk BC.4 11097 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: RESULT: NO ACTION TAKEN Commissioner Christine King City of Miami Page 113 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 BC.5 11096 Office of the City Clerk BC.6 11098 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Gabriel Paez Civilian Investigative Panel RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large City of Miami Page 114 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 BC.7 6958 Office of the City Clerk BC.8 10778 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE COMPLIANCE TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Christine King Commission -At -Large City of Miami Page 115 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 BC.9 11100 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMERCIAL SOLID WASTE MANAGEMENT ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Alex Diaz de la Portilla Commission -At -Large ENACTMENT NUMBER: R-21-0506 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Vice Chair Carollo: If we could go through the boards and committees to see if anyone has to make appointments. Commissioner Reyes: Not me. Vice Chair Carollo: And if we're ready to make them. Nicole Ewan (Assistant City Clerk): Yes, good evening, Chair and Commission. BC.9 the Commercial Solid Waste Management Advisory Committee. Commissioner Diaz de la Portilla currently sits on the committee and is requested to be reappointed to the committee. Vice Chair Carollo: So moved. Commissioner Reyes: Second. Ms. Ewan: Chair, you're the Chair We just need a motion by someone else. Commissioner Reyes: I move it. Vice Chair Carollo: Yeah, he moves it and -- Chair King: Second. Vice Chair Carollo: -- Commissioner King seconds it. I was going to give the gavel up, hut I'm afraid I'm not going to get back the way that this is going. Commissioner Reyes: Yeah. Vice Chair Carollo: Okay. I'm teasing. Okay. What else do we have? That's approved. Commissioner Reyes: We have to vote on it. City of Miami Page 116 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 BC.10 8804 Office of the City Clerk Ms. Ewan: Motion passes? Vice Chair Carollo: Yeah, it's unanimous, correct? Commissioner Reyes: Unanimous. Ms. Ewan: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN AND QUALITY OF LIFE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large City of Miami Page 117 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 BC.11 8534 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Lovette McGill Mayor Francis Suarez ENACTMENT NUMBER: R-21-0507 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Vice Chair Carollo: BC.11 Community Relations Board, Mayor Suarez would like to reappoint Lovette McGill. Commissioner Russell: So moved. Commissioner Reyes: Second. Vice Chair Carollo: Moved by Commissioner Russell, second by Commissioner King. Commissioner Russell: Don't mess with that one. Ms. Ewan: Motion passes. BC.13 -- Vice Chair Carollo: Hold on, anybody objects? Commissioner Russell: No way. Vice Chair Carollo: Okay. All right. So, it passes unanimously. Ms. Ewan: Thank you. Vice Chair Carollo: Okay. City of Miami Page 118 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 BC.12 5976 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King IAFF FOP AFSCME 1907 AFSCME 871 City of Miami Page 119 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 BC.13 11099 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Elsa Pelaez-Lopez ENACTMENT NUMBER: R-21-0508 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla NOMINATED BY: Commissioner Manolo Reyes Nicole Ewan (Assistant City Clerk): BC.13, Finance Committee. Commissioner Reyes would like to reappoint Elsa Pelael-Lope. Vice Chair Carollo: He makes a motion. Commissioner Reyes: Move it. Vice Chair Carollo: Russell seconds it. Commissioner Reyes: Yep. Vice Chair Carollo: All in favor signer by saying "aye." The Commission (Collectively): Aye. Vice Chair Carollo: It passes. City of Miami Page 120 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 BC.14 7963 Office of the City Clerk BC.15 8267 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER ("LGBTQ") ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large City of Miami Page 121 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 BC.16 8269 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S COUNCIL ON GLOBAL COMPETITIVENESS FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large City of Miami Page 122 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 BC.17 11093 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING MAYOR FRANCIS SUAREZ AS A MEMBER OF THE MIAMI-DADE COUNTY TRANSPORTATION PLANNING ORGANIZATION FORA TERM AS DESIGNATED HEREIN. APPOINTEE: Mayor Francis Suarez ENACTMENT NUMBER: R-21-0509 MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Adopt ADOPTED Manolo Reyes, Commissioner Christine King, Commissioner King, Carollo, Russell, Reyes Diaz de la Portilla NOMINATED BY: Commission -At -Large Nicole Ewan (Assistant City Clerk): BC.17, Miami -Dade County Transportation Planning Organization, Mayor Suarez currently sits on the board and would like to be reappointed. Commissioner Reyes: Move it. Commissioner Russell: Second. Chair King: Second. Vice Chair Carollo: Okay. It's been moved and it's been second by Commissioner King, moved by Commissioner Reyes. All in favor signify by saying "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Approved unanimously. City of Miami Page 123 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 BC.18 8805 Office of the City Clerk BC.19 7261 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI RIVER COMMISSION FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: RESULT: NO ACTION TAKEN Commission -At -Large City of Miami Page 124 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 BC.20 9270 Office of the City Clerk BC.21 9557 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI TECHNOLOGY COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE PLANNING, ZONING AND APPEALS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Hector Luis Silva, Jr. Commissioner Ken Russell ENACTMENT NUMBER: R-21-0510 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Nicole Ewan (Assistant City Clerk): BC.21, Planning Zoning and Appeals Board. Commissioner Russell will be appointing Hector Luis Silva, Jr. Pee Chair Carollo: Commissioner Russell moves it. Commissioner Reyes seconds it. All in favor signify by saying "aye." The Commission (Collectively): Aye. Vice Chair Carollo: It's approved unanimously. City of Miami Page 125 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 BC.22 3693 Office of the City Clerk BC.23 5453 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Gia Zapattini ENACTMENT NUMBER: R-21-0511 NOMINATED BY: Commissioner Ken Russell MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Nicole Ewan (Assistant City Clerk): And BC.23, Urban Development Review Board. Commissioner Russell will be appointing Gia Zapattini. Vice Chair Carollo: He made the motion. Commissioner Russell: So moved. City of Miami Page 126 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 BC.24 9549 Office of the City Clerk BC.25 8943 Office of the City Clerk Vice Chair Carollo: Commissioner Reyes seconds it. All in favor signi by saying "aye." The Commission (Collectively): Aye. Ms. Ewan: Thank you, Chair. Nee Chair Carollo: That's unanimous. Ms. Ewan: That concludes the boards and committees. Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Ken Russell RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 127 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE 8166 MAY BE DEFERRED First Reading Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING and Mayor- PZ ARTICLE 1, SECTION 1.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TITLED "DEFINITIONS/DEFINITIONS OF BUILDING FUNCTION: USES," AND SECTION 1.2 OF THE MIAMI 21 CODE, TITLED "DEFINITIONS//DEFINITIONS OF TERMS"; ARTICLE 3, SECTION 3.4 OF THE MIAMI 21 CODE, TITLED "GENERAL TO ZONES/DENSITY AND INTENSITY CALCULATIONS"; ARTICLE 4, TABLE 3 OF THE MIAMI 21 CODE, TITLED "STANDARDS AND TABLES/BUILDING FUNCTION: USES," AND TABLE 4, TITLED "STANDARD AND TABLES/DENSITY, INTENSITY AND PARKING"; ARTICLE 6, TABLE 13 OF THE MIAMI 21 CODE, TITLED "SUPPLEMENTAL REGULATIONS"; AND ARTICLE 7, SECTION 7.2, TITLED "PROCEDURES AND NONCONFORMITIES/NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS", TO ALLOW AND ESTABLISH DEFINITIONS AND REGULATIONS FOR CO -LIVING RESIDENTIAL USES AND TO MODIFY THE REGULATIONS FOR MICRO DWELLING UNITS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.1 was deferred to the January 27, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.1, please see "Order of the Day." City of Miami Page 128 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 PZ.2 9385 ORDINANCE MAY BE DEFERRED First Reading Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING and Mayor - PZ ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY BY AMENDING ARTICLE 2, SECTION 2.2.1.3 AND SECTION 2.2.2 TO CLARIFY THAT THE MIAMI 21 CODE PROVIDES A HIGHER STANDARD OF ZONING FOR THOSE PROPERTIES LOCATED IN THE MIAMI-DADE COUNTY RAPID TRANSIT SYSTEM DEVELOPMENT ZONE AND PROVIDING THAT ALL SUCH PROPERTIES SHALL REMAIN SUBJECT TO ALL OF THE PROVISIONS OF THE MIAMI 21 CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.2 was continued to the January 13, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.2, please see "Order of the Day." City of Miami Page 129 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 PZ.3 RESOLUTION 8718 MAY BE DEFERRED Office of Zoning A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY THE CITY OF MIAMI'S ZONING DEPARTMENT AFFIRMING/REVERSING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-21-009 REVERSING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "DENIAL OR REVOCATION OF CERTIFICATE OF USE", AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PERMITTED USES", FOR THE PROPERTY LOCATED AT APPROXIMATELY 90 NORTHEAST 11 STREET, MIAMI, FLORIDA ("PROPERTY"), AND AFFIRMING/REVERSING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PZ.3, please see "Order of the Day." City of Miami Page 130 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 PZ.4 ORDINANCE Second Reading 10773 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 AMENDING ARTICLE 3, SECTION 3.3.3, TITLED "WATERFRONT STANDARDS", ARTICLE 3, SECTION 3.11, TITLED "WATERFRONT STANDARDS", ARTICLE 5, SECTION 5.5, TITLED "URBAN CENTER TRANSECT ZONES (T5)", AND ARTICLE 5, SECTION 5.6, TITLED "URBAN CORE TRANSECT ZONES (T6)", TO GRANT FLEXIBILITY REGARDING WATERFRONT BUILDING SETBACK REQUIREMENTS IN CONJUNCTION WITH RECENT AMENDMENTS TO APPENDIX B, TITLED "WATERFRONT DESIGN GUIDELINES"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14041 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Vice Chair Carollo: Okay. So that's it for the morning session, correct? Commissioner Reyes: Yep. Vice Chair Carollo: Okay, so we're going to step out for the Christmas tree lighting and then when we come back in a few minutes, we will do the -- Chair King: PZs (Planning and Zoning). Vice Chair Carollo: -- PZ agenda together with -- the PZ agenda and FL (Future Legislation) agenda. Commissioner Russell: Or we can just make a motion to pass the PZ agenda right now Vice Chair Carollo: Well. Commissioner Russell: I don't know how controversial any of these items' are for you, but -- Vice Chair Carollo: I don't know either Commissioner Russell: -- but I'm happy to move it and I'm comfortable. Vice Chair Carollo: There's only PZ.5 that's left? Commissioner Diaz de la Portilla: I will second that, Chair Vice Chair Carollo: PZ.6, a Midtown overlay? Commissioner Russell: That one as well. City of Miami Page 131 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Vice Chair Carollo: PZ.4. Commissioner Diaz de la Portilla: Mr. Chair 1 think Todd Hannon is going crazy over there in the corner Vice Chair Carollo: Yes, yes. Todd B. Hannon (City Clerk): If you don't mind, sir. I know you're reading the last but if you don't mind I'll read it, if that's -- with your permission. Vice Chair Carollo: Certainly. If you want to make sure 1 don't miss anything. Mr Hannon: Thank you, sir: So, the only items remaining on the agenda are PZ.4, PZ.5, PZ.6, and PZ.9. Commissioner Diaz de la Portilla: So moved. Commissioner Russell: I already moved them. Commissioner Reyes: Hold on a second. Commissioner Diaz de la Portilla: You moved it, so 171 second it. Commissioner Reyes: I have a problem with PZ.9. Vice Chair Carollo: Okay, so -- Commissioner Reyes: On PZ.9, I have some comments, and I heard some of -- residents come and -- and, I mean, oppose it. Because I -- I -- one thing that -- that this legislation makes me question why are we giving the Historic and Environmental Preservation Board, HEP, so much authority, you see? I believe in -- I'm a clear believer in property rights, butt don't think the Historic and Environmental Preservation Board should have any say -- I mean such an authority. I mean when they declare something historic, it has to be based and we're given a carte blanche and I don't want that. That's my problem. Commissioner Russell: Mr Chair? Commissioner Reyes: You see? So, I cannot support this. I will vote on the other ones but this one if you want to take a different vote -- (COMMENTS MADE OFF THE RECORD) Vice Chair Carollo: Can we take a five minute recess so we can do the tree? Commissioner Russell: Okay. Vice Chair Carollo: Otherwise, you know, we're going to be missing it and we're asked to step out, okay? Thank you. [Later...] Vice Chair Carollo: Okay, if I could get a resolution for PZ.4, 5, and 6. Commissioner Russell: So moved. Commissioner Diaz de la Portilla: So, moved. City of Miami Page 132 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Vice Chair Carollo: It's moved by -- Commissioner Reyes: Hold on, hold on, hold on. Vice Chair Carollo: -- Commissioner Reyes. Commissioner Russell: No, no, no. Vice Chair Carollo: Commissioner Diaz de la Portilla, second by Commissioner Russell. Commissioner Reyes: 1 had clarification from -- Nee Chair Carollo: I'm not talking about the one you were discussing before. Commissioner Reyes: No, no, no, I said you can include it. Nee Chair Carollo: Okay. Commissioner Russell: Mr. Chair, I'd like to keep the same original motion with all of them together if it's possible. Vice Chair Carollo: Okay, so -- Commissioner Reyes: That's right. You can include it because I got clarification. The only thing that the HEP Board is going to be -- I thought that they had the right to say -- to declare, historic or not, which to me it is stupidity to the max. Vice Chair Carollo: All right. Commissioner Reyes: But they -- it's already historic, the only thing that they're going to do is make sure that the guidelines are according to what Cesar said. Vice Chair Carollo: All right, PZ.4, PZ.5, PZ.6, and PZ.9. Commissioner Russell: So moved. Vice Chair Carollo: It's been moved by Commissioner Russell, second by Commissioner Diaz de la Portilla. All in favor signify -- Mr. Hannon: Chair. Vice Chair Carollo: -- by saying "aye." Commissioner Russell: I have one amendment, Mr. Chairman. Vice Chair Carollo: Excuse me? Commissioner Russell: One amendment. Vice Chair Carollo: Okay. Commissioner Russell: On PZ.6, before we read everything -- before Barnaby reads everything into the record, on PZ.6, the Midtown overlay, what they're looking is to change their ability to unlock height. And my ask is that if they do enact that height bonus, that the bonus go toward the parks. And and specifically toward their City of Miami Page 133 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 connection to the baywalk as well as the baywalk itself Is that all right with everybody? Vice Chair Carollo: But they're not even in the -- near the water. Commissioner Russell: They're three blocks away -- Vice Chair Carollo: Yeah. Commissioner Russell: -- and there's no -- no active spaces in that area. And so, there are very specific points of the baywalk that are missing right up there, and I've already spoken with the applicant and they are open to it, proffering a covenant to that effect. Vice Chair Carollo: Does the seconder of the motion accept that? Commissioner Diaz de la Portilla: No, I'm not okay with that amendment. Vice Chair Carollo: Okay, well, you could always bring that back. [Later...] Vice Chair Carollo: Then we will go back to PZ.4, 5, and 9. Commissioner Diaz de la Portilla: I'll move it. Commissioner Russell: So moved. Vice Chair Carollo: Moved by Commissioner Diaz de la Portilla. Chair King: Second. Vice Chair Carollo: Second by Commissioner King. All in favor -- Mr Hannon: Chair. Vice Chair Carollo: -- signify by saying "aye." Mr Hannon: Each one of those items is an ordinance. Vice Chair Carollo: Excuse me? Barnaby Min (Deputy City Attorney): Each one of those items is an ordinance. Commissioner Diaz de la Portilla: It has to be read. It has to be read. Mr Hannon: Yes, sir Yes, sir. Mr Min: PZ.4. The Ordinance was read by title into the public record by the City Attorney. Mr. Min: PZ.5. The Ordinance was read by title into the public record by the City Attorney. Mr Min: And PZ.9. City of Miami Page 134 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 The Ordinance was read by title into the public record by the City Attorney. Vice Chair Carollo: Okay. All in favor signify by saying "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Passed unanimously. PZ.5 ORDINANCE First Reading 10761 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI Department of Planning COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS SUBJECT TO SECTION 163.3184, FLORIDA STATUTES, BY ADDING A PROPERTY RIGHTS ELEMENT AS REQUIRED BY SECTION 163.3177(6)(i)1, FLORIDA STATUTES; MAKING FINDINGS; 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: Christine King, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.5, please see Item Number PZ.4. City of Miami Page 135 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 PZ.6 10770 Commissioners and Mayor - PZ ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO AMEND APPENDIX C — MIDTOWN OVERLAY DISTRICT, SECTION 627.1.6, TITLED "BUILDING PLACEMENT AND BUILDABLE AREA", AND SECTION 627.1.7, TITLED "MAXIMUM HEIGHT, BUILD -TO, MINIMUM SETBACK AND USE REQUIREMENTS"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: Item PZ.6 was continued to the January 13, 2022, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number PZ.6, please see Item Number PZ.4. Commissioner Russell: No, I -- I can't vote for this without this in there. Commissioner Diaz de la Portilla: Then vote against it. Vice Chair Carollo: All right, then this is a new one for me that this is parks money that we can use in many other areas -- Commissioner Diaz de la Portilla: Of course. Vice Chair Carollo: -- and we're putting it specifically into that one area that I'm a little concerned about. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Nice Chair Carollo: That's why I'd rather that we bring that back and look at it. Otherwise, we could defer that whole item. Commissioner Russell: We could defer the item because the -- Vice Chair Carollo: Okay, so let's defer PZ.6. It's a motion by Russell, second by Diaz de la Portilla to defer on PZ.6. Todd B. Hannon (City Clerk): Yes, sir. Vice Chair Carollo: All in favor sign by saying "aye. " The Commission (Collectively): Aye. Mr Hannon: And is that to the January 13, 2022, City Commission meeting? City of Miami Page 136 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Russell: Yes. Vice Chair Carollo: Yes. PZ.7 ORDINANCE First Reading 10957 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE APPROXIMATELY 1.75 ACRES DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT 600 NORTHWEST 42 AVENUE, 4251, 4253, AND 4255 NORTHWEST 6 STREET, AND 601 NORTHWEST 43 AVENUE, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.7 was deferred to the February 24, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.7, please see "Order of the Day." City of Miami Page 137 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 PZ.8 ORDINANCE First Reading 10958 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T4- L," GENERAL URBAN TRANSECT ZONE — LIMITED, TO "T5-L," URBAN CENTER TRANSECT ZONE —LIMITED, OF THE PROPERTIES GENERALLY LOCATED AT 600 NORTHWEST 42 AVENUE, 4251, 4253 AND 4255 NORTHWEST 6 STREET, AND 601 NORTHWEST 43 AVENUE, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; FURTHER 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: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.8 was deferred to the February 24, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.8, please see "Order of the Day." PZ.9 ORDINANCE First Reading 10772 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY BY AMENDING APPENDIX A, SECTION A.2., TITLED "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD- 2)", TO CHANGE THE RESPONSIBILITY FOR REVIEWING AND MAKING RECOMMENDATIONS TO THE PLANNING DIRECTOR FROM THE URBAN DESIGN REVIEW BOARD TO THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD; MAKING FINDINGS; 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: Christine King, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.9, please see "Public Comments for allltem(s)" and Item Number PZ.4. City of Miami Page 138 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 PZ.10 ORDINANCE First Reading 10811 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY BY AMENDING ARTICLE 1, TITLED "DEFINITIONS," AND ARTICLE 3, SECTION 3.15, TITLED "AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO AMEND THE DEFINITION OF THE TERM "PARKING, TANDEM" AND TO CREATE REGULATIONS FOR CITY OF MIAMI OWNED LOTS LOCATED WHOLLY WITHIN A T5, "URBAN CENTER TRANSECT ZONE," AND/OR T6, URBAN CORE TRANSECT ZONE," WITH A QUALIFIED DEVELOPMENT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.10 was deferred to the January 27, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.10, please see "Order of the Day." City of Miami Page 139 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 PZ.11 10905 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY BERCOW RADELL FERNANDEZ LARKIN & TAPANES, PLLC ON BEHALF OF THE PROPERTY OWNER, MINOR STREET LP #1, ("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 ORDINANCES OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPELLANT'S APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE DEVELOPMENT OF TWO (2) VACANT LOTS, WITH THE FOLLOWING: SUBDIVISION INTO FIVE (5) LOTS, RECONSTRUCTION OF THE PRESCOTT MANSION WITH NEW REAR ADDITION, NEW CONSTRUCTION OF FOUR (4) SINGLE-FAMILY RESIDENTIAL PROPERTIES, AND SITE IMPROVEMENTS, LOCATED APPROXIMATELY AT 7101 NORTHEAST 10 AVENUE AND 1000 NORTHEAST 72 STREET, MIAMI, FLORIDA, WITHIN THE BAYSIDE HISTORIC DISTRICT WITH FOLIO NUMBERS 01-3207-032-1030 AND 01-3207-032-0630. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.11 was deferred to the March 24, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.11, please see "Order of the Day." END OF PLANNING AND ZONING ITEM(S) City of Miami Page 140 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 FL - FUTURE LEGISLATION FL.1 ORDINANCE 11016 Department of Housing and Community Development FL.2 11120 Office of the City Attorney AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS," BY REMOVING THE REFERENCE TO THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") ADVISORY BOARD ("HAB"); CONFIRMING THE ABOLISHMENT OF THE HAB; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. RESULT: NO ACTION TAKEN ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION MODIFYING THE NUMBER OF ATTORNEYS IN THE OFFICE OF THE CITY ATTORNEY ("OCA") WITH FUNDING, WHEN NEEDED FOR ADDITIONAL ATTORNEYS, AS ALLOWED, SHALL BE BY BUDGET RESOLUTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 141 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 NA.1 11209 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL NECESSARY ACTIONS IN ORDER TO ADD AND FUND THREE MAJOR POSITIONS TO THE CITY OF MIAMI'S POLICE DEPARTMENT. ENACTMENT NUMBER: R-21-0512 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For additional minutes referencing Item Number NA.1, please see "Order of the Day." Vice Chair Carollo: I'll then go to the pocket items that we have. Commissioner Diaz de la Portilla: Yes sir Thank you, Commissioner Vice Chair Carollo: Yeah. So that we could deal with them as quickly as we can. Commissioner Diaz de la Portilla: I think she only went to the restroom for a few minutes. Vice Chair Carollo: Yeah, but it's fine. I mean, I know that she wants to vote in this, so I'm holding it. Commissioner Russell: Yeah. Commissioner Diaz de la Portilla: Thank you, Mr. Chair Vice Chair Carollo: So, the first pocket item was a housekeeping pocket item for police. If it could be read into the record. Victoria Mendez (City Attorney): It's a budget item, Ms: Manager for police. Vice Chair Carollo: This is based upon when we did the budget that I knew that we were not being given a full, straight up budget, and I asked that any changes they would come before us so we could approve it. And from what I'm seeing, every Commission meeting that we're going to have, we're going to have some items like this. Ms. Mendez: Commissioner, this is authorizing the City Manager to take any and all steps in order to add and fund three major positions to the City of Miami's Police Department. Commissioner Russell: Refund the police. I'll move it. Commissioner Reyes: Yeah, I second. City of Miami Page 142 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Vice Chair Carollo: You said defund? Commissioner Russell: Refund. Vice Chair Carollo: Oh, okay. Commissioner Reyes: No, not defend, refund. Commissioner Diaz de la Portilla: It's not really a refund. Commissioner Reyes: Commissioner, through the Chair As I understand, this was movement that the previous Chief of Police made when he was eliminating positions to bring these people in. V ce Chair Carollo: Yeah. Movements that have cost us a lot of tremendous problems. Commissioner Reyes: That's right. So, I second. Vice Chair Carollo: Now my question is, have we identified where this money is coming from? Because this is not part of the budget that we approved. So, this would be, in essence, a budget amendment. Arthur Noriega (City Manager): Yeah, Budget did a review. It will have no material impact on the budget. Because just of current vacancies, especially at the very top, and as well as some other positions that have not been filled, they did an analysis, it will have no budgetary impact. Commissioner Reyes: Mr. Chair I have a question. Nee Chair Carollo: Go ahead. Commissioner Reyes: When you said other vacancies, does those vacancies -- are those positions that -- in patrols that we were going to hire additional patrols, they're going to solve that? Mr Noriega: Let me get Budget to answer the specifics. Commissioner Reyes: Because if that's the case I vote (INAUDIBLE) -- Vice Chair Carollo: What I'd like, so that we could have clear readings and that we keep our budget integrity intact is that this resolution would include that the same amount that these positions are going to cost, that we have the savings from positions that will not be filled in time during this budget year. This way, the Chief knows that if by some miracle we have 100 new cops from great departments that just had it in those cities, and they want to be hired by us and we've got people that we could hire, we're not going to be able to hire the full 100. We might be able to get 96 or 95 so we can fill these positions for major: Are we clear? So, I'm -- I'm including this amendment to this resolution? Mr. Noriega: We're clear That's fine. Vice Chair Carollo: It would not have any impact from what l understood from you. Commissioner Reyes: But my question hasn't been answered. Vice Chair Carollo: What is your question? City of Miami Page 143 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Reyes: My question is does this have any effect on patrols that were going to be -- were scheduled to he hired? Vice Chair Carollo: Not this resolution, no. Commissioner Reyes: No, no, no, not the resolution. The hire -- according to what the City Manager stated, it comes from some savings and positions that are not going to be filled. Are those positions that are not going to be filled uniformed personnel or are those positions civilians? Manny Morales (Chief of Police): (INAUDIBLE). Commissioner Reyes: Good. That's all 1 wanted to hear Vice Chair Carollo: Plus, on the record, it was going to be impossible for them to have hired all of the additional positions that we allocated in the new budget. Commissioner Reyes: Yeah. Vice Chair Carollo: Combined with the existing vacancies that they already had in this fiscal year budget. We won't be able to, so. Mr Morales: It's going to be tough to fill all the vacant police officer positions just because of the amount of personnel that we have, at one time, assigned to the Academy. So, it takes a long time for -- we just closed the register we got the register, we're at about 738 applicants for the position ofpolice officer We'11 start with the City, employees, go on to veterans, and then we'll prioritize the certified officers that are all ready, but it takes awhile. So, by the time that we hire you and you come out to the street it's roughly 14, 13 or 14 months. Commissioner Reyes: And we have a budget -- Vice Chair Carollo: Commissioner Diaz de la Portilla? Mr Morales: But we'll do our best to fill every police officer position because we desperately need them on the streets. Commissioner Diaz de la Portilla: Thank you, Mr Chair What's the status of the Luis Camacho case? Mr Morales: Sir the Luis Camacho investigation was closed in late October and it's - Commissioner Diaz de la Portilla: When in October? Mr Morales: October either 26th or 28th, sir. I don't recall the exact date. It pending the disciplinary determination of what the punishment will be. Commissioner Diaz de la Portilla: Who makes that determination? Mr. Morales: The recommendation is made by the investigator now. I'm in the process of changing that process to have a disciplinary recommendation board that will ensure that discipline that's issued out to any departmental member is fair and equitable and transparent through a board. However, this particular recommendation is made by the investigator. City of Miami Page 144 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Diaz de la Portilla: Have you given any recommendation to your City Manager? Mr Morales: Yes, I have. Commissioner Diaz de la Portilla: And what's that recommendation you've given? Mr Morales: A reprimand and 40 hours for improper procedure? Commissioner Diaz de la Portilla: And reinstatement? Mr Morales: Say again? Commissioner Diaz de la Portilla: And a reinstatement? Mr Morales: And a written statement? Commissioner Diaz de la Portilla: A reinstatement. Commissioner Reyes: A reinstatement. Mr Morales: Correct. Commissioner Diaz de la Portilla: As a Sergeant? Mr Morales: Yes, my recommendation is that he be brought back to his former position. Commissioner Diaz de la Portilla: So, what are you waiting for? Mr Morales: I'm waiting on the prior -- the final approval from my boss. Commissioner Diaz de la Portilla: Your boss being the City Manager? Mr Morales: Absolutely. Commissioner Diaz de la Portilla: What's' your position City Manager? Mr Noriega: My position is the decision will get made within the next two weeks. Commissioner Diaz de la Portilla: The next two weeks. Commissioner Reyes: Why? Commissioner Diaz de la Portilla: Well, why? Because I remember your predecessor - - I'll get to you in a minute. Your predecessor, Chief Acevedo, said it was 30 or 45 days about five months ago. So, what's -- you've reinstated a number of other people, right? We could talk about a whole bunch of cases, but I won't because some of them have -- are in legal -- Mr. Morales: Litigation, yeah. Commissioner Diaz de la Portilla: Are in litigation, legal boundaries. But whether Officer Simmons, or Fernandez appears, you kind of all -- you concluded all the decisions. What's the delay in the Luis Camacho case? Because before I authorize or vote -- and I don't know if I'll be the only vote here Ibr any additional funding,.fbr any additional positions in the Miami Police Department, I want to make sure the people City of Miami Page 145 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 that have been wronged, that that wrong has been righted. And the next two weeks is not an acceptable answer. That was his answer. I'll get to him in a minute. What's your answer? Right now, you said that you were going to send it to somebody else, but you've already recommended an action. Mr Morales: Correct. So -- Commissioner Diaz de la Portilla: So why are you sending it to anybody else? What's the ping pong going on here with Luis Camacho? Mr Morales: So, the recommendation that was made, it goes through, the officer signs it, he has ten days per contract in civil service -- Commissioner Diaz de la Portilla: But -- but -- Mr Morales: -- to request a disciplinary review board, which he's entitled, and then he can go through the civil service. But once he signs, he can be brought back. My recommendation is for him to be brought back -- Commissioner Diaz de la Portilla: So why -- Mr Morales: -- while that proceeding goes on. Commissioner Diaz de la Portilla: Okay. If you're recommending that he be brought back. Why are you sending it back -- ifI may, Mr. Chair, why are you sending it back to anybody else? Vice Chair Carollo: You have the floor Commissioner Diaz de la Portilla: Why are you passing the buck? I mean, the buck stops with you and then with him, with the City Manager, right? So, what's the problem here? Mr Morales: Well first -- Commissioner Diaz de la Portilla: Do you have sort of a -- give me a straight answer. Mr Morales: So, for personnel actions the final word comes from the City Manager For strategic and police matters come from me. Commissioner Diaz de la Portilla: That's not what you said. That's not what you said. What you said was you're sending it back to somebody else, you'll come back with somebody else within your department. You already -- you already recommended something. Mr Morales: Correct. Commissioner Diaz de la Portilla: So, you didn't have to send that back to anybody in the police department, is that correct? Mr. Morales: Well, what's missing is for the employee to exercise his civil service rights. So, he has a right to challenge that discipline that has been recommended -- Commissioner Diaz de la Portilla: Well, my understanding is that he hasn't. That he simply wants to be reinstated -- reinstated. City of Miami Page 146 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Mr. Morales: He has not -- he has not because he hasn't been presented with it. So, he hasn't had the opportunity to accept -- Commissioner Diaz de la Portilla: You have not presented -- you have not presented Sergeant Camacho with what you're recommending? Mr Morales: I have not. Commissioner Diaz de la Portilla: You have not. And why is it, Mr. Manager, why is it two weeks? If the case is closed since October 26th, we're December 9th. Okay. Mr Morales: Yes, sir. Commissioner Diaz de la Portilla: When was he suspended? Mr Morales: August 22nd. He was relieved of duty, I believe. Commissioner Diaz de la Portilla: No, I think it was earlier than that. Mr Morales: I can -- I can check my notes, but I believe it was August 22nd. Commissioner Diaz de la Portilla: When was he suspended? You don't remember? Does anybody remember? Does anybody know? Does anybody on your staff know when he was suspended? Mr Morales: I can get the answer I don't have the file, but 1 can get the answer. Commissioner Diaz de la Portilla: I want the answer. Mr Morales: Okay. Let me get it real quick. Commissioner Diaz de la Portilla: Mr. Chair if you'l1 allow me just one minute? Vice Chair Carollo: You have the floor I haven 't said a word. Commissioner Diaz de la Portilla: I know. Vice Chair Carollo: Now if I -- Commissioner Diaz de la Portilla: Which is very impressive, by the way. By the way, you're a great chair Vice Chair Carollo: From here on, so you don't have to worry about me, ifI want you to stop talking, you'll hear from me. If not, you're go ahead and talk. Commissioner Diaz de la Portilla: I kind of sensed that. I kind of sensed that. Commissioner Reyes: And I want the floor later. Vice Chair Carollo: Yeah, sure. I only have one quick question ifI may? Commissioner Diaz de la Portilla: Yes. Vice Chair Carollo: As Chief Sergeant of Arms Lamprou approved all this or not? Chief,' has Mr. Lamprou approved all this? Mr Morales: Sir, they work in separate details that do not co -mingle each other City of Miami Page 147 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Vice Chair Carollo: Oh, I'm sorry -- Mr Morales: So Senior Sergeant -at -Arms Lamprou doesn't have (UNINTELLIGIBLE) Vice Chair Carollo: I'm sorry. I thought he was the one that had to approve it all. Commissioner Russell: Mr. Chair, was there a second to my earlier motion on PH. I just didn't catch it. Vice Chair Carollo: Excuse me? Commissioner Russell: Was there a second to my motion on P1.1. Todd B. Hannon (City Clerk): Chair, yes, sir It was second by Commissioner -- Vice Chair Carollo: Yes, yes, yes. There was a second. Commissioner Russell: I'm sorry. I didn't hear it. Thank you. Vice Chair Carollo: -- to your motion. 1 believe it was Ms. King and the police. Mr Hannon: Chair it was Commissioner Reyes at 4: 56p.m. Vice Chair Carollo: Okay. All right. So, there's a legitimate motion and second. Now if any of you feel that we're taking too much time on any item, you could always ask me and I'm going to let it go, then we could have a vote between ourselves to see if you want to bring it to a close on that. I'm very democratic. Commissioner Diaz de la Portilla: You're sort of in a yule tide mood, right? Vice Chair Carollo: Huh? Commissioner Diaz de la Portilla: You're in a yule tide mood. Vice Chair Carollo: This is December. You know, we only -- Commissioner Diaz de la Portilla: It's Christmas. Vice Chair Carollo: We only do one thing in December that could be, you know -- Commissioner Diaz de la Portilla: But we already deferred that so we can wait until January for that. Commissioner Reyes: While the -- while the Chief is looking for the date, you know I'm very straight on rnv question. Mr City Manager, why haven't you reinstated and jollowed with the Chief's recommendation? Why haven't you? Is there anyfurther investigation? Or ask me, yes or no, are you -- there's any pressure over you not to do it? Mr. Noriega: No, no, there's no pressure. I have a pending meeting with his legal counsel, with Camacho's legal counsel. We're working on that now That's why I don want to make a decision until have that meeting. Commissioner Reyes: Because what -- you know -- City of Miami Page 148 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Diaz de la Portilla: That's -- Commissioner Reyes: Perception -- perception is -- is everything. The perception is that you have been pressured not to do that and there's an opposition. I mean, other people, and to go above what the Chief has concluded, given the investigation and all of that, and I want to hear from you if there is any pressure. Or if not, why have you not gone through, I mean, and folloived through on the Chief's decision that he said to you. It -- it is your call, you're the one that has to call it, right? Mr Noriega: No, no, it is my call and I absolutely want to meet with the attorney for Mr Camacho as well as Camacho directly. Commissioner Diaz de la Portilla: No, 1 have a feeling -- Mr: Chair, I'm sorry. I'm sorry. Mr. Camacho will waive that. What we want is to reinstate him. And we want -- Mr Noriega: I -- Commissioner Diaz de la Portilla: Hold on a second, hold on a second, hold on. Mr Noriega: Wait. You asked me a question. Commissioner Diaz de la Portilla: No, no, it's not a question actually. I'm making a statement. I'll ask you a question in a minute. Vice Chair Carollo: Excuse me? Commissioner Diaz de la Portilla: You 've been recommended -- hold on. Pee Chair Carollo: Commissioner the only the thing that I -- I have no problem you doing what you were elected to do. You certainly, like every one of us here, has the right, in fact many times a duty to ask questions. The only thing that would just like to suggest that there are others that don't have the same warm and fuzzy feeling about us up here and the City of Miami, and I don't want anyone trying to say that you were trying to say or do something other than all that you're trying to do in getting information. Commissioner Diaz de la Portilla: Correct. Vice Chair Carollo: So -- Commissioner Diaz de la Portilla: And I -- Vice Chair Carollo: I'll leave it at that. You're on your own. Commissioner Diaz de la Portilla: Thank you. Thank you, Mi. Chair. And I agree with that. What I'm saving is that if the Chief recommended -- I'm just trying to follow the train of thought here. The Chief recommended that he be reinstated with some minor punishment. Ms. Mendez: You're inquiring as to process. Commissioner Diaz de la Portilla: That's what I'm -- what Fin saying is that if the Chief has recommended that he be reinstated and that the decision is now either yours or the City Manager's, why does he need two more weeks? What's the process that we're undergoing right now and what's the reason why you haven't done it? You've stated you're waiting for legal counsel. I happen to know that that's not completely factual. Because Camacho -- well I happen to know that that's not, factual because I City of Miami Page 149 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 know that Camacho 's not -- that Luis Camacho has not undergone any legal process yet. I'm aware of some legal -- some e-mails that was saying -- the City Manager -- the City Attorney shared with me, that a lawyer is involved now because he's waited too long. He's looking for his protection. And I understand that. The question is, if the Chief has already recommended something, and you're the guy that makes the decision, not a question of going back to anybody, else or checking with anybody else, you 're the -- the buck stops with you. What's the problem? Me Noriega: I want to meet with Camacho and his legal representation because he is represented by counsel -- Commissioner Diaz de la Portilla: For what purpose? Mr Noriega: Because I have questions. I have questions thatl want to ask Camacho. I want to look him square in the face and there's things I want to talk to him about and then I'll make a decision. That's all. Commissioner Diaz de la Portilla: Okay. Mr Noriega: I want -- he's been accused of things, right? There's been an investigation. Commissioner Diaz de la Portilla: But your police chief -- Mr Noriega: It's a personnel matter -- Commissioner Diaz de la Portilla: No, no, it's a -- Mr Noriega: I want to have a conversation with Camacho as well. Commissioner Diaz de la Portilla: You 're -- Mr. Chair? Your police chief has already recommended a course of action. You have your department heads. The department heads recommend something. So, it's very simple. So, you don't trust -- you don't trust what the Police Chief recommends, obviously. Because otherwise you would have taken his advice, right, his recommendation. You're not doing that. It's fine. You want to meet with him. So what I want to know is when are you going to meet with him? I'm talking about process now, right. When are you going to meet with Camacho so you can iron out your -- figure out what you want to go through since you're not taking your Police Chief's recommendation. Mr Noriega: First of all, don't assume that don't trust his recommendation, right? Commissioner Diaz de la Portilla: That's what you said. Mr Noriega: No, that's not what I said, by the way. Commissioner Diaz de la Portilla: Okay. When are you going to meet -- Mr Noriega: What I said was I want to meet -- Commissioner Diaz de la Portilla: When? Mr. Noriega: I want to meet with Camacho directly. Commissioner Diaz de la Portilla: When? When? When? When? City of Miami Page 150 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Mr. Noriega: 1 just told you it will he resolved within the next two weeks. I, just said it. I plan on meeting with him hopefully within the next week. I've already reached out to his legal counsel. I've done it already. So -- Commissioner Diaz de la Portilla: So, if his legal counsel wants to meet with you tomorrow are you available to meet with him tomorrow? Mr Noriega: I will make myself available. I don't know I'm -- if he asks me that the only time he has available is when I have a meeting already scheduled, no, but -- Vice Chair Carollo: Commissioner -- Mr Noriega: It will happen within the next week. Vice Chair Carollo: If I may? I'm trying to be as respec ful as I can be to you and the rest of the Commission. We all want to leave here early. The PZ (Planning and Zoning) agenda could still get a little long and before you came in today, I respectfully had asked all our colleagues, since it December and, you know, we want to get in the spirit of Christmas, the holidays, and try not to get involved in anything that's unpleasant or -- Commissioner Diaz de la Portilla: Right. 1 just want to make sure that Luis Camacho can also enjoy his holiday as well. Vice Chair Carollo: I understand. Commissioner Diaz de la Portilla: That's all I care about. Vice Chair Carollo: I understand. Commissioner Diaz de la Portilla: Because everybody has a right to have a nice holiday, too. Vice Chair Carollo: I -- I've heard exactly the same thing you did. The only question in my mind is if the investigation had been closed -- Commissioner Diaz de la Portilla: It is. Vice Chair Carollo: -- around the end of October, we're now in November -- Commissioner Diaz de la Portilla: December the 9th. Mr. Morales: December 9th. Vice Chair Carollo: Excuse me, December 9th. We're about 40 days after that. But the Manager said that he wants to take more time. I heard him also, and I think that, you know, we need to move on with the other stuff that we have. If that will be okay if we can vote on the P1.1 item -- Commissioner Diaz de la Portilla: Absolutely. The only thing I wanted, Mr. Chair; is to make it very clear that now we have a timeline and the City Manager's willing to meet with Luis Camacho and figure it out, sooner rather than later, so that he also can have a good holiday like the rest of us. That's the only thing I care about, and we're done with that. City of Miami Page 151 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Vice Chair Carollo: It's the Manager's decision. The only thing we could do is ask questions like you're asking and at least by us making this motion now, there are some families and individuals that were wrongly dealt with that will also have -- Commissioner Diaz de la Portilla: Correct. Vice Chair Carollo: -- a better Christmas, I think. Commissioner Diaz de la Portilla: Yes, sir Ms. Mendez: I just wanted to state for the record that I advised Commissioner Diaz de la Portilla that he could ask about this because it was it was a closed investigation. Vice Chair Carollo: Sure. 1 understand that. Ms. Mendez: So, I just wanted to place that on the record. Vice Chair Carollo: Yeah, I understand that. The only area of danger that he's running into is that, you know, what's that guys name, Sneakers, I don't know, that he might be getting ticked off at you, but -- Commissioner Diaz de la Portilla: Is he around? Vice Chair Carollo: 1 might have to go -- Commissioner Diaz de la Portilla: I think he's after you. Vice Chair Carollo: I might have to go with your original idea that 1 said no, and put more Sergeant of Arms. Commissioner Diaz de la Portilla: Of course. Vice Chair Carollo: For us down here so that, you know Commissioner Diaz de la Portilla: I think we're pretty safe, Commissioner Vice Chair Carollo: Anyway. Mr Morales: Mr Chair Commissioner Diaz de la Portilla: Thank you, Mr Chairman for your indulgence. Mr. Morales: If I? Vice Chair Carollo: Chief can we let it go at that? Mr Morales: June 22nd. Just to finish off the question. That's when he was relieved. Vice Chair Carollo: Okay. That -- Commissioner Diaz de la Portilla: We're good. We're fine. Vice Chair Carollo: Thank you. All right. Is there a -- well there's a motion, there's a second, Russell made it, Reyes second it. Commissioner Reyes: I forgot. City of Miami Page 152 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 NA.2 11210 City Commission Vice Chair Carollo: The one for PI.1, the police resolution pocket item. Commissioner Reyes: Okay. That right. Vice Chair Carollo: All in favor signify by saying "aye. " The Commission (Collectively): Aye. Vice Chair Carollo: It passes unanimously. Mr Hannon: And Chair that will include your amendment that you requested. Vice Chair Carollo: Yes, yes, that was included. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE SUPPLEMENTAL BUDGET OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST, ATTACHED AND INCORPORATED AS EXHIBIT "B", IN THE TOTAL AMOUNT OF $769,169.00, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022. ENACTMENT NUMBER: R-21-0513 MOTION TO: Adopt RESULT: ADOPTED MOVER: Christine King, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For additional minutes referencing Item Number NA.2, please see "Order of the Day" and "Public Comments for all Item(s)." Vice Chair Carollo: PL 2 is the pocket item for Commissioner King. Would you like to make a motion in that. Chair King: Make a motion to pass. Commissioner Diaz de la Portilla: So moved. Vice Chair Carollo: Moved by Commissioner King. Commissioner Reyes: Second. Vice Chair Carollo: Moved by Commissioner King. Second by Commissioner Diaz de la Portilla. All in favor signify by saying "aye." The Commission (Collectively): Aye. Vice Chair Corolla: It passed unanimously. City of Miami Page 153 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 NA.3 11211 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING AND APPROPRIATING BY MEANS OF A BUDGET AMENDMENT AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) ("FUNDS") FROM THE MAYOR'S ANTI -POVERTY INITIATIVE FUND ACCOUNT TO THE SPECIAL REVENUE PROJECT FUND TITLED "EMERGENCY HOTEL/MOTEL PLACEMENT PROGRAM" TO ASSIST ON A ONE- TIME BASIS WITH TEMPORARY EMERGENCY HOTEL/MOTEL ACCOMMODATIONS FOR THE FAMILIES WHICH HAVE BEEN DISPLACED FROM THE PROPERTY LOCATED AT 5050 NORTHWEST 7TH STREET MIAMI FLORIDA ("PURPOSE"), CONDITIONED UPON THE AVAILABILITY OF THE CITY RESOURCES THAT MAY BE REQUIRED TO ENSURE THE ALLOCATION AND APPROPRIATION OF THE FUNDS FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN FURTHERANCE OF SAID PURPOSE. ENACTMENT NUMBER: R-21-0514 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For additional minutes referencing Item Number NA.3, please see "Order of the Day." Vice Chair Carollo: PI.3 was a potential pocket item from the Mayor Did we ever get any from him? Madam City Attorney, Mr. Clerk? Is there a pocket item from the Mayor? Victoria Mendez (City Attorney): Yes, there's a pocket item for homeless assistance for the building -- there's a building at 5050 Northwest 7th Street. Vice Chair Carollo: Right. Ms. Mendez: That had structural integrity issues. Vice Chair Carollo: Okay, let's hear it. Because this is Commissioner Diaz de la Portilla District and he would want to make the motion on it. Ms. Mendez: And it API (Anti -Poverty Initiative) monies in order to assist these individuals who have been left homeless. Vice Chair Carollo: Okay, and what is the amount that's -- Ms. Mendez: So, it's an amount -- appropriating by means of a budget amount, an amount not to exceed $150, 000 from the Mayor's Anti -Poverty Initiative Fund. It's a special revenue project fund titled Emergency Hotel and Motel Placement Program to assist, on a one time basis, with temporary emergency hotel, motel accommodations for the families that have been displaced from this property. City of Miami Page 154 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 NA.4 11212 City Commission Vice Chair Carollo: Very good. 1 think it's very appropriate. Commissioner Diaz makes the motion -- Commissioner Diaz de la Portilla: That correct. Commissioner Reyes: I second it. Vice Chair Carollo: Commissioner Reyes seconds it. Commissioner Reyes: Yes, and although it is in Mr. Diaz de la Portilla's District, that's my neighborhood -- Commissioner Diaz de la Portilla: I know. Commissioner Reyes: All that separates is a couple of blocks and I know most of those people -- Commissioner Diaz de la Portilla: You live around the block, yes. Commissioner Reyes: That's right. Vice Chair Carollo: All in favor signift buy saying "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Okay, passed unanimously. DISCUSSION ITEM DISCUSSION - UPDATE ON HOMELESSNESS. rRESULT: DISCUSSED Note for the Record: For additional minutes referencing Item Number NA.4, please see "Order of the Day." Vice Chair Carollo: The last item that we have in pocket items is PI4. There was a discussion, questioned pocket item, of the Manager that has to do with homelessness also. So, he could brief us as to what has happened with all the ordinance that we had approved in the last meetings. What have they done with cleanups in particularly and other matters. And by the way, Mr. Clerk, has anyone come to you as I had requested to, especially all those nice, fine people that were here, wanting us to provide tens of millions of dollars for new condominiums. Did any of those fine people ever come and fill out anything or bring a homeless so they could inscribe them as being adopted? Mr Hannon: No, sir Vice Chair Carollo: Okay. Thank you. All right, sir. William Porro: Good afternoon, Commissioners, and welcome Commissioner King, to the dais, Ma'am. I wanted to just bring you up to date, Commissioners. My goal today in presenting this is walk away with some more -- more input from the Commission, from you all, in terms of I'll provide the options that I've seen that are available that I've researched and then hopefully get some more input on you on a particular direction. Maybe stay away from one or -- City of Miami Page 155 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Vice Chair Carollo: 1 thought we had given pretty clear direction on the areas that this Commission wanted the Administration to attack immediately, such as cleaning three times a week in areas where we have a lot of homelessness. For their protection from, for our residents protection, both. Mr Porro: That, Commissioner, specifically has been done. Matter offact they work five days a week and I'll -- I can let the Chief -- Vice Chair Carollo: Here's what I'd like -- Mr Porro: Yes, sir Vice Chair Carollo: If the Administration can send me when the program started, and what areas you have gone to clean up, and how many times a week those areas you have gone to clean up. And then, beginning next week, each week, you provide to us by Monday morning how many areas have you gone to and how many times a week to clean up, so that we know you 're keeping on top of it. I will be frank with you -- Mr Porro: Mm-hm. Vice Chair Carollo: I've seen areas by the MRC (Miami Riverside Center). I've seen a couple areas in my own district that it doesn't seem to me that anyone has gone to do any cleanup whatsoever Mr Porro: 1 can provide some details to you now, Commissioner so -- Vice Chair Carollo: Well -- Mr Porro: If you'd like, or however you deem fit. Pee Chair Carollo: I'd prefer for the sake of time if it would be sent to us -- Mr Porro: I can do that. Vice Chair Carollo: In writing -- Mr. Porro: Yes, sir Vice Chair Carollo: -- and somebody signs it in blood. Mr Porro: I'll sign it myself, sir. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: In blood. Vice Chair Carollo: In other words, what I'm trying to say is that someone is going to be held responsible for the truthfulness of what we're getting. If it's being done or not. Mr. Porro: Yes, sir I clearly understand. Vice Chair Carollo: Sir, go ahead. Mr Porro: Oh, okay. I just wanted to present, very quickly. Okay, I don't know why it's doing that. Anyway, I wanted to keep with you all the main thing which is the main thing we want to concentrate on. And that's -- and you alluded to it, Commissioner, City of Miami Page 156 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 which is really trying our best to encourage, support, assist as many. -- yes -- as many individuals to accept shelter. That is the ultimate goal of everything that we're doing. Natasha Colebrook -Williams (Assistant City Manager): Commissioner? Chairman? If I understood your request -- Vice Chair Carollo: Yes. Ms. Colebrook -Williams: We could bypass the presentation if we provide a report every Monday. Keep you -- Vice Chair Carollo: I'm sorry? Ms. Colebrook -Williams: If] understood you correctly, you're okay with us bypassing with the presentation this evening as long as we provide you an update on a weekly basis. Vice Chair Carollo: I have no problem if we bypass it. But what I'd like is that you provide us with an update of when you begun the cleanups since the Commission gave you instructions from that time on, The addresses of the areas you 've gone to, and how many times have you gone to those areas. Ms. Colebrook -Williams: Yes, sir we'll have that to you by -- Vice Chair Carollo: In other words, I want to be sure that what we instructed the Administration to do, that it's being done. And then, the other area that I'd like an update on, one of our requests was that we would -- if there's no sufficient shelters, no housing, what areas has the Administration found and identified that we can bring people to potential shelters. Whether outdoors or indoors. Ms. Colebrook -Williams: Yes, sir Acknowledge you'll have a report on Monday. To you and the Commission. Vice Chair Carollo: And look, there's nothing that forces us to have to give five-star treatment to anyone. But this Commission up here has a total responsibility to all of our residents to provide for their health, safety, and welfare. And when I'm hearing what I've heard in the last couple of weeks, that in the case of two more homelessness, homeless people rather that one went to Palm Beach County before he came back, and he killed a 14 year old boy. And it was someone that was not from here. He was from Georgia originally. Then he was living in Seminole County, and I don't know, maybe we're a Mecca for some of these people. They want to come here. But he wasn't from here and we're suffering the consequences. A 14 year old boy has been killed because this guy was out here. And then just yesterday we had a lady that lives in one of the residential buildings in Biscayne, that went for her usual walk with her dog, and she gets sexually assaulted by another homeless person. Thank God that she was a scrappy lady and, you know, she stood up to him and took his picture and he ran off. And thank God the Police Department found him. This guy not only, again, was not from here, he was from New York, but somehow had stopped on his way to Miami, in Tallahassee, where there was an outstanding warrant out for him. So, I'm seeing again and again what I showed you, the Administration. When I went out interviewing all the homeless people that we had around our parks and downtown -- and downtown on Biscayne, that the majority are not from Miami. They are corning, or being sent, from some other areas and the majority, are individuals that are out in the streets not because of financial problem, but because they're burnt out, mentally burnt out, with drugs. They need mental help. Mental counseling. Some, frankly, need medication and they also need drug counseling. And this is why they don't want to go anywhere City of Miami Page 157 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 because anywhere means they can't use drugs; they can't buy drugs. In the streets, they can do both. Ms. Colebrook -Williams: Monday you will receive a report on what has been done since the conception of the HEAT (Homeless Empowerment Assistance Team), and therefore -- Vice Chair Carollo: And look, I am more than willing, if we've got to take a stand and anybody wants to sue us so that they can keep trying to make our city into what we see with all these tents and so on, if we have to go all the way to the Supreme Court of the Nation, so be it. But our residents need to be protected too. And we have certainly been more than compassionate to people out in the streets. But, you know, rights is a two way street. You can 't just give a small, minute population alive -for -all for rights that are going to effect the 99 plus percent of the rest of your population. Sir? Mr Porro: Commissioner, ifI may, would you -- on the part of what I've been able to research and look at so far, is there a way that I can sit with either of your staffs and just go through it a little bit more, would be -- Vice Chair Carollo: Well, look, I don't want to embarrass any of you or put you on the spot because I know that you didn't know that I was going to ask for this today -- Mr Porro: Mm-hm. Vice Chair Carollo: That's not my intention at all. And its December Christmas is coming, the holidays are coming. But I don't want to be seeing people out in the streets that are hurting our residents. Mr Porro: Understood. Vice Chair Carollo: And believe you me, there's a great potential for that. We have some very unstable people, mentally unstable, because of the drugs they're taking and keep taking. And if we don't gain a hold of this, we're going to be seeing more and more of these cases. Not that we haven't had them in the past, we have certainly -- Porro: Mm-hm. Vice Chair Carollo: -- but they've been kept more quietly. And I'm going to tell you guys, I'm going to bring each and every one of them up until we gain a hold of this situation and do what we need to do to protect people that are homeless, and our residents. Mr. Porro: Yes, sir. Vice Chair Carollo: Commissioner? Commissioner Diaz de la Portilla: Thank you. Can you put the last slide up? Mr Porro: It's not the last slide but I can put it up. Yes, sir. Commissioner Diaz de la Portilla: Well, the one that was in font of me right now It's lost. Mr Porro: Absolutely, sir Commissioner Diaz de la Portilla: This is with all due respect -- City of Miami Page 158 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Mr. Porro: Please. Commissioner Diaz de la Portilla: -- because Commissioner Carollo is correct. And he's been talking about this for a number of Commission meetings now. So, you can get rid of that so I can read it. So, the first bullet point you have, a stable and safe space. You put safe space in quote marks. Where the unsheltered homeless can reside temporarily and transform their lives. That sounds like a whole bunch of crock to me. There's no solution there. There's no proposal there. It's just bureaucratic speak. How are you going to do that, right? So, I think what Commissioner Carollo is looking for, and we're all looking for; are real solutions. It's a complex problem. We all know that. It's not a simple solution. When you write things like that, things like visually eliminating the blight associated with unsheltered homelessness. When you write a stable and safe space. What the heck is a safe space, right? Those are things that sound nice and look nice on a PowerPoint presentation. That's not a real solution. You know a lot of these people cannot be sheltered, are shelter resistant. So, what's a real solution? Now expect from my government, and the people that work for this government, to get real solutions. Not bureaucratic speak, and things like this, and PowerPoints where we all walk away feeling that we're doing something when we're not doing anything. So, with all due respect, please come back to me with something with more substance. Not this. Moving forward. Thank you. Vice Chair Carollo: Look, a few weeks ago, before 1 give the floor to Commissioner Reyes, there were some big articles that we had a whole group that was going to be doing cleanups. And then all of a sudden, I don't know what happened, everybody went away. I'm going to tell you now that some people that are out there pretending that they care so much about the homeless population, giving tents out, they're not doing the homeless people out there, or our residents, any good. First of all, there's been tens of thousands of dollars spent on all these tents. Where did this money come from? I got a pretty good idea and it's been sent to Miami to a certain organization and to buy tents and put them all out in the streets like this. So, I'm looking for a real solution. What Commissioner Diaz de la Portilla said, I feel that and much more. But I'm trying to keep with the spirit of Christmas and the holidays, and I backed off, he can be the Grinch this December. (COMMENTS MADE OFF THE RECORD) Commissioner Reyes: Okay. Vice Chair Carollo: But the bottom line is you guys better come with something concrete like we've asked. And the Administration better go out and do the cleanups that we requested. Because January, the holidays are over and I'm going to be a little different. And I don't want to be reading more cases like the two that described here, from the last couple of weeks, between now and our next meeting in January. Because frankly, the finger is going to be on you guys, the Administration. Commissioner Diaz de la Portilla: Right, but beyond that if I may, Commissioner And I won i belabor the point I know it's late and we want to go home but we passed a resolution earlier that allocated $150, 000 to 5050 Northwest 7th Street so we can house beyond December 15th, these families that have been displaced. These are homeless people -- Vice Chair Carollo: But the difference with those homeless -- Commissioner Diaz de la Portilla: No, no, I know, but I'm getting to the point -- Vice Chair Carollo: When we're talking -- these are -- City of Miami Page 159 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Diaz de la Portilla: I know, I know I'm getting to the point that that's 150k. That's the responsibility to the Homeless Trust. The house, everybody. And they have a 60 million plus surplus, right? In their budget. And why is it that with all this money they have, why is it that they don't give us any answers? Okay, fine, they're not completely, accountable to us. Then why is it that our own people that should be accountable to us, not to us, but to us as representatives of the people of Miami, why is it that we get all this bull? Why not real solutions? If there are no solutions, because the people are shelter resistant, then say it. Well, you know, of the 600 something in City of Miami, you know, 200 are shelter resistant. At least we know what we're dealing with. What bothers me is the constant PowerPoints and presentations and the go -around and run-around and run-around and we never anywhere. And we never get anywhere. There's never a solution. We're going to do it this way, we're going to invest this here, we're going to do this -- never a specific plan of action to solve the problem. It's not bathrooms, it's not, you know, $380, 000 bathrooms in the middle of -- not to criticize you, you are trying to do the right thing. And it's not an easy issue, but it bothers me that there's not a comprehensive plan. from this Administration since I've been here, and I've seen it from before I got here, that says this is the way we address this issue. So, why can you guys, any of you guys get together and kind of come up with a plan to come to us. We're not the experts. You guys are the ones that are paid a lot of money to come up with these ideas. Come to us, have experts tell us hey, this is how you solve it. So, I agree with Commissioner Carollo and Commission Reyes has also expressed it in the past, that we are kind of getting fed up with this. And now it's Christmas so we'll let it go, but they're not going to have a great Christmas. And we're not going to have a great Christmas. And our residents aren't going to have a great Christmas when people are defecating and urinating around them and they feel threatened. And the people that are homeless, unfortunately, through mental illness or drug addiction or what it is, you know, we're not addressing that issue either So, we have to find that balance. But give us a way to find that balance. Is that too much to ask from our professionals that work in our city? That's what 1 want. I think that's what we all want. Nee Chair Carollo: Commissioner Reyes had asked before and then I'll go to you, Commissioner. Commissioner Reyes: I -- let me see where I start. When we passed that resolution that we passed -- Vice Chair Carollo: The ordinance or resolution? Commissioner Reyes: The ordinance for the homeless, I mean where we are trying to clean downtown from camping and all of that. It was included that -- in that ordinance, that the Administration was going to find -- was going to look and find, and habilitate places, I mean, areas that in which they could -- the homeless could go out and camp there or they could be moved there. Commissioner Carollo just asked a question a little while ago, and says, well, where are those areas? Have they been identified? Have they been habilitated? Have they done anything? Because the other thing that I've heard is we're looking into it. We're looking into it. And enough is enough. It's enough looking. You see, we need to find areas that our police can move them and tell them you can -- you have to get out of here, but you can go some other place, you see? It's not what we are doing now, we are moving them from one street to the other, you see, which is not what -- the intention of that ordinance. Another thing that I -- I brought to the Chief and also to the Downtown Commander, is that a lot of I would say drug dealings, take place amongst the homeless. I personally have witnessed some and I have to commend the Police Department because they are taking action on it, but I don't think it's enough. I think that, Mr Chief Mr Morales, you see, everybody knows that as has been stated, that a majority of the homeless, they are not -- they are not economically effected. There are some, I'm not going to City of Miami Page 160 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 say that all, there's some, but the majority are -- they have psychological problems or drug addiction. If we attack the drug addiction the only way -- I mean by eliminating or curtailing the supply, they got two things that they can do. Either they recognize that they have a problem and go into rehab or they're going to move .from this area where they can get their hands on the drugs. And therefore, I am asking you that -- to have details, undercover details, amongst the homeless so you can go after those dealers that they supply the drugs. Be it pills or be it weed, or will be whatever it is, you see, that they supply to. And, please, I mean once and for all try to find those -- it is true what Commissioner Diaz de la Portilla (INAUDIBLE) we want action, we want a real plan -- it has a set of actions enumerated, we're going to do this, we're going to that and we're doing this, you see. But a plan that has an end goal. And an end goal is to diminish and if not, which is very difficult, eliminate the number of homeless in the City of Miami, which is going to be very difficult, because there are people that they want to be homeless. That's a fact. That's a fact. But those homeless that are addicted, or those homeless that have psychological problems, they should be identified, and we, for those addicted, which you should go to the source of drugs so we can curtail the supply. So, they can move out or they can go into rehab. And please, bring an answer at least where are you looking at? Where are you looking at? Where do you want to place those encampments that we talked about that they could be moved there? And, I will -- Chief, another thing that we have talked about here and we were talking befbre, it is the legality of the homeless urinating or defecating on the street. And I have asked this question many times. IfI do it, I'll be arrested. But why then don't --1 mean something has to happen, anybody that goes and -- that's the only thing that -- that I know it's not the only thing they do on the streets. I have seen them doing other things, okay? So, if a common person, a person that -- that I mean, there is a violation of the law because of that behavior, you see, why a person -- we allow somebody to abuse from it, you see. Because that's a big problem. It is a big problem. And drugs is a big problem. I think it is a major factor, major contributing factor. Well, if it is the major contributing factor; let's go after the supply. Let's go after the supply. And then you, that you are the -- the one that are going to deal with the homeless. Well, if they don't have the supply and they are in withdrawal, well try to convince them to go into rehab. Get your people to talk to them and get them into rehab. But it is, in my opinion, it is of the upmost importance that we have details, of undercover officers, amongst the homeless population and we go after the suppliers of drugs, okay? Okay, Chief? Vice Chair Carollo: Commissioner King? Chair King: Hi, I have -- I've been a board member of the Camillus House for several years and I just want to say that I don 't envy your job. I would like to echo what my colleagues are saying, that you should put Ihrth a more realistic plan. They may not like it, but it's better to tell the truth because solving the homeless issue is not an overnight fix. It's not going to happen overnight. We cannot gloss over the fact that the homeless population has many issues. You're not going to, Commissioner Reyes, talk to someone that is homeless, who has a drug addiction, and convince them to go into rehab. They're just not going to do that. We have to serve our homeless population with compassion. We have to balance the needs of our residents. Keep them safe, as well as be compassionate to our homeless population. I would encourage you to partner with the Camillus House and the Homeless Trust. They're doing amazing things to help get people off of the street. But again, not everybody is going to go willingly -- Commissioner Reyes: I know that. Chair King: -- and there are some -- there are some bad characters as there are in any population, there are bad characters. But we can put a plan together that is more substantive than what I saw here. I know the homeless -- the Camillus House, they City of Miami Page 161 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 have a team that goes out and helps medicate people who they've identified as having mental illness. But again, this isn't a one day fix. It a constant going out, communicating with them, getting them to trust you, getting them on medication, and then getting them to get into the homeless shelter. So, I, you know, I want to just say I'm with you. I support you. If you need any assistance from me, I am here -- Porro: Thank you. Chair King: -- but that please tell my colleagues the truth so that they -- you don't have discussions like they just had with you. And, hey, what's going on, we're not getting anything done. Because again, this isn't an overnight fix, and we have to be compassionate fbr this population as well. Mr Porro: Yes, Ma'am. Chair King: Thank you. Vice Chair Carollo: Yes, Commissioner Reyes, go ahead. Commissioner Reyes: Ms. King, I do understand that this is a very complex problem and I know that they are not going to -- I mean you cannot convince them -- I said you try. You try by gaining their -- their trust and try to convince them, and try to convince them that it behooves them, you see, and there is hope. 1 have been, for example, we can -- we can --1'm also -- I'm very, I don't know if you've heard of Hermanos de la Calle. Hermanos de la Calle is a program, I just went to one of their houses, and the homes that they have and those -- everybody that was -- that they had and they have about four or five houses with eight people that they -- in each, that they have gotten out of the street, it is because they have gained their trust and they have become clean and they had help to become clean. But what I'm saying is that we need to have those places, or encampment, or however you want to call it, where they can go there and where you are referring to provide the services at that place. Yes, we need to do that. But at the same time, we have to go after the supply of drugs. And that's what I want -- that's what I was saying. And then, you -- if -- and I hope that you have qualified personnel like -- that will act like this group, that is Hermanos de la Calle, qualified personnel they are psychologists, they are social workers, they can work with them trying to get them out of that horrible addiction, see? Mr Porro: Mm-hrn. Commissioner Reyes: And that's what was trying to say. And I don't think this can go overnight, but what we have to do is a comprehensive plan -- a comprehensive plan where we are going to attack this problem every other way. Of course, we have to be humane. We have to treat them humanely. But -- but they have rights. But also, the residents have rights too, you see. And the business owners, they have rights too. So, I think that is -- is a very -- is a very touchy problem. Its a very difficult problem. But unless we start a comprehensive plan, we are not going to go nowhere. Because, yes, the Homeless Trust they get $65 million. And every day -- every year is the same thing, you see. I have done work with Camillus House. I have been working with them since -- I would say since the early 80s, when we worked forming the Overtown/Park West Redevelopment Project. I was in charge of -- of trying to relocate Camillus House when it was before, you see. I know there is a big problem. And they work, it is a good program, but they need our help, you see. This is not only one institution's problem. I really hope that pretty soon Judge Leifman can open up his center, which is going to be great help. And I encourage every one of you, of my fellow Commissioners, to go and visit at the facilities that Judge Leifman is building, which is -- I think is -- it's going to be a game changer and is going to be an example for the whole nation. So, nothing against you, my friend. It is that -- as much as the residents City of Miami Page 162 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 NA.5 11213 City Commission are frustrated, we are also frustrated because we want to see actions and we want to see some results. And that's it. Mr Porro: Thank you very much. Vice Chair Carollo: Well, let's move on then because we have a PZ (Planning and Zoning) agenda. And, gentlemen, because I've been kind today, don't think that that means that I am blind, because I didn't want to use that word. I know that I have not been told the truth on the clean-ups. I know in my district, what I see, I see the same people every day with the sofas, the everything else they have, that hasn't been moved. And that shelter, tent city that we have by the MRC, I see that nothing has happened there. No clean-ups, no anything. Because the tents are in the same way, in the same place, with the sofas and everything else. And, Commissioner; you had talked about drugs, all that it takes is one trained dog to just pass by, and 1 guarantee you that dog is going to be sniffing out a lot of stuff that's out there. And -- but, you know; this would be for January. I just want to be told the truth. But 1 hope what I've ask for, for each of us, to be sent on Monday, we get an update since the Commission gave you instructions, as to how many clean-ups you've done, where, how many times a week, and then on a weekly basis, you're informing each Commissioner what you have done in clean-ups in their district and citywide. So, anyway, there's' no vote to be taken on this. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ADMINISTRATION TO WITHHOLD THE DISBURSEMENT OF ANY CITY FUNDS AWARDED TO THE UNDERLINE PROJECT ("UNDERLINE") UNTIL THE REPRESENTATIVES OF THE UNDERLINE PRESENT TO THE CITY ADMINISTRATION THE PLANS FOR THE CONSTRUCTION AND OPERATION OF THE UNDERLINE, INCLUDING, BUT NOT LIMITED TO, THE REMOVAL AND/OR REPLACEMENT OF ANY TREES, AND TO THEREAFTER PRESENT SAID PLANS TO THE CITY COMMISSION; DIRECTING THE CITY MANAGER TO PLACE A DISCUSSION ITEM ON THE JANUARY 13, 2022 CITY COMMISSION AGENDA FOR THE REPRESENTATIVES OF THE UNDERLINE TO PRESENT TO THE CITY COMMISSION THE PLANS FOR THE CONSTRUCTION AND OPERATION OF THE UNDERLINE, INCLUDING, BUT NOT LIMITED TO, THE REMOVAL AND/OR REPLACEMENT OF ANY TREES, AT THE JANUARY 13, 2022 REGULAR CITY COMMISSION MEETING AND TO PROVIDE SAID PLANS AND INFORMATION TO THE CITY COMMISSION PRIOR TO SAID CITY COMMISSION MEETING BUT NO LATER THAN JANUARY 4, 2022. ENACTMENT NUMBER: R-21-0515 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Vice Chair Carollo: Mr Manager, I don't want your assistant to be the fall guy in this. I'm looking after you. You've heard from us here, so we don't need to say anything more. I think you understand how we feel. So, you've got the baton. The other motion that I'd like to make is the following, let me pass the gavel on to Commissioner King, City of Miami Page 163 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 is the motion on freezing any City monies from going to the Underline until we have a meeting with then. And 1 mean a meeting with the Administration, with the Commission, and then we bring them before, in an open meeting for the public, to discuss everything they're doing in that Underline. I am very concerned of why we are cutting down trees that really have -- you can't put a value on them because they're decades old. And these are not intrusive trees that are foreign to Miami or Florida, these are native trees that are beautiful and give great canopy all through US-1. So, my motion is that we put a freeze on all dollars until we meet with them and we have an understanding as to what is happening. Chair King: Do 1 have a motion? Vice Chair Carollo: Yes. Chair King: Do I have a -- a second? Commissioner Reyes: I'm thinking about it. Commissioner Russell: Commissioner I really want to see the Underline come to fruition. I understand your concerns go beyond the trees because you brought up advertising, which I had never heard of before, and so I'm curious about that as well, if that's actually -- Vice Chair Carollo: I'm sorry, you're curious? Commissioner Russell: I'm sorry? Vice Chair Carollo: You're curious about what now? Commissioner Russell: You had mentioned there was a potential for advertising within the Underline on US-1. Vice Chair Carollo: Well, this is what I read in yesterday's media, that -- Commissioner Reyes: Yes. Vice Chair Carollo: -- they're looking to -- Ms. Mann: County Commission Meeting. Vice Chair Carollo: -- advertise in the County -- Commissioner Russell: Right-of-way. Vice Chair Carollo: -- right-of-ways next to the Metrorail. Billboards. Commissioner Russell: Yeah, and I do share the concern on the trees, but for the trees that are in the City Miami right-of-way, we do have an appeals process. So even though a City Administration official may give a recommendation on what can and cannot be removed, that can be appealed to our Commission. So, there is a process where we do play a role if -- if -- but it's only a handful of trees is my understanding on those. And it's not the ones that you're talking about. Ms. Mann: No, it's entire -- they're -- when I started saying why are you hacking the trees, they stopped. And now they killed two trees completely -- Commissioner Russell: Yes, no, it's for removal. They're not trimming, it's removal. City of Miami Page 164 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Ms. Mann: Well for removal, and now they've hacked another one where as the third full removal, there's like three removals between 16th Avenue and 17th Avenue. All the ones between 17th and 19th were removed. And these were planted by FDOT -- Commissioner Russell: Yeah. Ms. Mann: -- not too long ago. So, you know, I'm just concerned that we're going to get loss of our vegetation which is turning out to be beautiful and all of a sudden we've got these palm trees. And I'm concerned because US-1 is known for drag racing. Coming down US-1 --1 mean, 1-95 onto US-1 to not get the light, and every time there's an accident the accident happens on 17th Avenue or on 16th Avenue. And there's always somebody dying there, okay? These palm trees when they get hit, they're going to come down and they're going to fall on a car because they don't have a proper rooting system. So, I think that the whole concept of the palm tree lining US- 1 was not really thought of -- of what US-1 is about. And now if you told me that they were doing this after 25th Avenue, around where the warehouses are, around the Metrorail of Douglas and all that, okay, fine. You don't see that amount of accidents. But they should get really -- Chair King: Ma'am. Ms. Mann: -- a police report so they can see -- Chair King: Ma'am. Ms. Mann: -- the history of this intersection. Chair King: Thank you. There's a motion on the floor -- Commissioner Reyes: Yes, may I -- Ms. Mann: Thank you so much anyways. Chair King: Yes. Thank you. Ms. Mann: Thank you. Chair King: Thank you. Commissioner Reyes: Okay, I understand what you're trying to do, Commissioner, and you want to bring them to the table. Vice Chair Carollo: That's all. Commissioner Reyes: That's right. I know what you want to do, and I know that there are a lot of questions that should be answered and -- that have been raised about the Underline and what effect it has. But I would support your -- your motion if we set a time, you see -- Vice Chair Carollo: I did. Commissioner Reyes: -- within the next 15 days, within the next month. Vice Chair Carollo: I -- I stated in the resolution that it would be brought to the City Commission in the last meeting in January. City of Miami Page 165 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Reyes: One thing that I don't want is to hold the funds for the Underline and -- and, you see, delay the construction. I mean can we do it in the first meeting? Vice Chair Carollo: Well, I don't know if we have -- Commissioner Reyes: The first meeting in January. Pee Chair Carollo: I don't know if we're going to have time the first meeting. That's what I was saying. Commissioner Reyes: Well, it behooves them, it behooves them to expedite this meeting. Okay. Vice Chair Carollo: You want to make it the first meeting, January? Commissioner Reyes: The first meeting, yes. Vice Chair Carollo: So be it, but I want them to meet with the Administration Commissioner Reyes: Yes. Vice Chair Carollo: -- beforehand, give us all the information beforehand -- Commissioner Reyes: Absolutely. Vice Chair Carollo: -- and then we have a public transparent meeting. Commissioner Reyes: They will have a whole month to come with it. Nee Chair Carollo: And I will tell you this, that hearing, if that's the case, that if what they're looking for is to take decades old native trees out so they can put palm trees; during hurricanes, palm trees don't have the root system to hold on as strong as mahoganies or some of the other trees where they're old. Commissioner Reyes: Olives. Chair King: Okay. Well, we have a motion and a second. Commissioner Dial, de la Portilla: Yes, I will second it Commissioner Reyes: I will second it. Chair King: Any more discussion? Commissioner Russell: You need public comment. Chair King: Public comment? Pee Chair Carollo: Yeah, we have to still wait on this. Chair King: We have to wait for everybody. Vice Chair Carollo: Yeah, once we're done with the public comment, we'll bring it back, so, Commissioner; welcome. City of Miami Page 166 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Diaz de la Portilla: Thank you, sir. 1 was watching you from afar; you're chairing today. You're doing a great job, by the way. Vice Chair Carollo: Well, thank you. Let me, you know, for the public that's here, the Mayor, following his right through the Charter named our newest Commissioner Christine King, Chairman, and he named me Vice Chairman. Commissioner King decided that she wanted to see how I did it today so that I wouldn't be taking the gavel away from her the rest of the year So that's why I'm chairing today, at her request. But let me say this, since we're on that, when the Mayor named Commissioner King, he created a trifecta. First time that we have a woman as Chair first time that we have an African -American woman as Chair, that's number two, and the third is the first time that we have a Guyanese descent individual as Chair So, she's the first in all three. Applause. Commissioner Diaz de la Portilla: And the reason why I brought it up is because I want to also congratulate our new Chair I'm very, very proud of what you're doing, and I look forward to working with you and having, you know a lot good things for the City of Miami come before us. And I know that you're going to do a great job. And I'm very excited for you to be here. I think you're going to bring a lot of as you said during your campaign, a lot of civility to this Commission. And I'm very, very proud of you, Commissioner. Chair King: Thank you. Commissioner Diaz de la Portilla: Madam Chair I'm sorry. Madam Chair. Chair King: Thank you. Thank you all for your confidence. Let's move the meeting along. Vice Chair Carollo: Let's do that. Who was next? Paul Mann: If I may just very, very, briefly? I'll be super fast. Vice Chair Carollo: Okay. Todd B. Hannon (City Clerk): So, Chair, just for the record, the public hearing's been open for this non -agenda item only. Commissioner Reyes: This item. Mr. Hannon: Understood. Vice Chair Carollo: If anyone would like to address this particular item that we have a resolution on? Okay. Go ahead, sir. Mr Mann: Paul Mann, 1665 Southwest 23rd Street, Miami. What brought me down here was -- originally what I thought was taxpayer wasted money cutting down perfectly good trees that -- that I thought had done a world of good for the -- the atmosphere of southern Miami just south of the city, you leave the south part of the city. When I arrived here in '99, when you got to US-1, all you saw was the overhead railway. It was barren. And taxpayer money was spent to line it with trees that have matured beautifully; giving you a beautiful canopy. And it's just amazing that you could be what used to be five minutes south of the city and have that beautiful canopy. And now all that money is being thrown out the window to put up palm trees that give absolutely no shade and drop palm fronds, large palm fronds, onto a major roadway City of Miami Page 167 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 which is dangerous. It, just did not make sense. But what really brought me down here was to find out that at the County, they're planning on lining that road with billboards. Billboards, in my view are dangerous. They distract motorists. I've been in a couple of rear -enders and little -- and short brake accidents and it's all because you get distracted. And billboards do nothing but distract motorists. I think they're a horrible idea, besides being a blight, visually, on the city. So, I just want to thank this Commission for the attention that they have given this subject. And hopefully we can prevail on this. Thank you very much. Vice Chair Carollo: Thank you. Chair King: Thank you. Vice Chair Carollo: Anyone else that would like to address the Commissioner only in this particular resolution? Sun?, go ahead. Eric Zichella: Thank you, Mi: Chair, Mr Vice Chair I should say, and congratulations Madam Chair Proud to see you up there and proud of you,for your accomplishments. Eric Zichella, 2100 Coral Way, representing the Underline. Obviously, this item wasn't noticed. I know that you set the agenda already and this item came up as a result of some of the public comment, not related to the items that were on the agenda. I'm not sure what the order is of the vote, but what 1 would ask that you maybe consider is an opportunity to meet with the Underline before taking any action that would delay the project, et cetera, et cetera. I will just mention to you, and I think it's prudent for the Underline to come here and make a presentation to you, make a presentation to your staff so that you're dealing in actual facts rather than dealing in conjecture from people in the public. We all know that members of the public from time to time don't have all the facts correct. I would tell you that the Underline, as a matter of course, is in the process of undergrounding certain Florida Power & Light lines associated with -- that run along the corridor. And so, there is certain tree movement that's associated with the underlining of -- the undergrounding of those lines. And when the project is completed, there will be a net increase of a thousand native trees in the corridor. I don't have all of the pertinent facts in front of me to answer every question you may have today, but I would just -- I would ask you to please consider deferring a vote on this and maybe adding an agenda item to your next meeting to discuss it. Ask for a presentation from Meg Daly, or their environmental experts, or anyone else that you'd like to hear from prior to taking any action related to the funding. As you know there's a federal grant associated with this project for $25 million that's tied to the completion timeline of the project. And one of the reasons that the City contributed money on the tiieline that it did was that was necessary as a match to that federal grant. I would caution you not to do anything that would potentially jeopardize the receipt of that federal grant. Not because I have any right to caution you, I just ask you to take caution with that if you could. Chair King: Thank you. Thank you. Mr Zichella: Thank you. Vice Chair Carollo: Eric, let me say this to you. You're not coming to an elementary, school to talk to kids, cautioning us, putting the scare tactics. There's nothing in this resolution that would put in harm's way any grant that you have. There's nothing in this resolution that is going to delay for one second anything that you have moving forward. The bottom line is that, like I've seen here for decades, we create in this County, pillars of the community that are holier than thou, that no one can question and they can do whatever they please, and our residents have every darn right to question why trees that have been there for decades, native trees, giving a beautiful canopy, why they're going down. And so do we. Now the. fact that you might be City of Miami Page 168 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 planting additional trees, that's great, but we all know that whatever tree you put in there is going to take another, at least a decade, to get it to be sizable in size. So, this is why they're concerned. And what we're asking is transparency. We're asking on the first meeting in January for you all to come before us, explain to us and to our residents what is it that you're doing, what is going on. Some trees had to be taken out because ofFP&L (Florida Power & Light) lines or what have you, then you can explain it to us. I think you know we're reasonable people. Mr Zichella: I know you to be very reasonable. IfI may, just 15 seconds to reply, Mr Chair. Vice Chair Carollo: Sure. Go ahead. Mr Zichella: First and foremost, didn't mean any disrespect in the way I said any of that to you. I don't know what's in the resolution because I haven't seen any resolution, but -- Vice Chair Carollo: Well, then you should have held back in trying to, you know, throw the signs up that the world's coming to an end -- Zichella: No, no, no. Vice Chair Carollo: -- by this resolution. Mr Zichella: No, I just don't know what's in the resolution because I haven't seen it. Vice Chair Carollo: Well, it's very simple, that until you come back before us and we air this out in the public, and in between we expect for you to meet with the Administration and give us some information, that the funding that we had is not taken away, it's just frozen. And nothing's going to get in harm's way between now and the first meeting in January. Mr Zichella: Again -- Commissioner Reyes: And if I may add, Commissioner, I think that would behoove, also, the Underline and the directive of the Underline to meet with all the Commissioners. Vice Chair Carollo: Yeah -- Commissioner Reyes: You see. Vice Chair Carollo: -- that's what I'm saying. Commissioner Reyes: Just have a meeting with all the Commissioners because we have a new member that you have not been, I mean, informed or briefed of what's going on. And before you make a decision, you have to be briefed. I don't know if Commissioner Diaz de la Portilla has been also briefed on it. Vice Chair Carollo: Have you been briefed on everything they're doing there? Commissioner Diaz de la Portilla: No, but I've seen it. But I've seen it. I drive by it every day -- Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: I drive by it every day -- City of Miami Page 169 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Reyes: (UNINTELLIGIBLE) that is -- Commissioner Diaz de la Portilla: -- and 1 see the tree removal. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: My parents live four blocks from there, so Igo there every day. Commissioner Reyes: And that's why I'm bringing this up. That besides meeting with the -- ifl may, besides meeting with the Administration, meet with each one of us. Commissioner Diaz de la Portilla: Yes, sir Commissioner Reyes: Okay. Mr Zichella: I want to be careful not to misspeak also. In the context of a construction project that's ongoing, it's possible that some of the trees that you've seen that you think are being removed and being destroyed could be being relocated, maybe replanted in other locations. Vice Chair Carollo: That's correct. That is correct and we -- Mr Zichella: And that's important to have those facts. Commissioner Diaz de la Portilla: That may be the case, of course, that may be the case. But 1 agree with him, I mean -- Madam Chair, ifI may? Chair King: Yes. Commissioner Diaz de la Portilla: But 1'm with Commissioner Carollo, the world will not end. The world will not end if we pass this resolution today. Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: All he's asking is -- that Commissioner Carollo is asking for is that it be frozen until we have a better understanding of what you're doing with those trees. So, I drive by there every day. I understand the Underline is a priority but I have -- that may be your priority, your client's priority, but it may not be mine or this Commission's priority. So, we have to be careful how we do these things. All we want to do is be informed. If they're being relocated, tell us. You should know, no, where they're being relocated to, right? You don't? Mr Zichella: Again -- Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Mr Zichella: -- that item wasn't before us, or I would have come prepared. Commissioner Diaz de la Portilla: I understand, I understand. But if you're saying they're being relocated -- Zichella: I don't know that. I said I want to be careful not to misspeak. Commissioner Diaz de la Portilla: So why would you say it? Why would you say it then? City of Miami Page 170 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 NA.6 11214 City Commission Mr. Zichella: I'm saying it's possible. Commissioner Diaz de la Portilla: It's possible. Everything is possible. Chair King: Is there anyone else here who -- Commissioner Diaz de la Portilla: Hold on, Madam Chair, ifI may. I think we call the question, we vote this out. Chair King: But there may, be somebody else -- Commissioner Diaz de la Portilla: After After public speaking, we call the question and move on to the important stuff. Chair King: Yes, that's what I'm trying to do. Commissioner Diaz de la Portilla: Okay. Chair King: Is there anyone else here who would like to speak on this issue? Anyone else here who would like to speak on this issue? Seeing none, we have a motion and a second. Commissioner Diaz de la Portilla: Yes. Call the question. Chair King: Any discussion? Call the question. All in favor? The Commission (Collectively): Aye. Chair King: Any opposed? Motion carries. DIRECTIVE DIRECTION BY COMMISSIONER RUSSELL TO THE CITY MANAGER TO BRING BACK, AT THE JANUARY 27, 2022 CITY COMMISSION MEETING, A PRESENTATION REGARDING MORNINGSIDE PARK AND A RESOLUTION RESCINDING R-20- 0009. RESULT: DIRECTED Commissioner Russell: Thank you, Chairman. Before we break for lunch, I just wanted to address the two speakers and the many residents who have been here on Morningside. The call -- the call is here for us to move forward with this plan. And the City Administration's hands are tied to actually present a plan that they would recommend, because of the location of the pool. We voted unanimously to hold the pool in its place, almost two years ago, January 2020, it was a resolution that we passed. But the science, the engineers, the building department, the pool -- the Parks Department, as well as OCI (Office of Capital Improvements) are -- have a recommendation counter to that, but they cannot present it until we rescind that resolution. So, my request would be to pass a resolution rescinding that resolution, R- 20-0009, and direct the management to bring forward a plan that we can And and allocate. I've been putting the funding together for years through the American Rescue Plan, through the Miami Forever Bond, and I think the call is clear that we need to move forward and that's where our job is to make the tough decisions. It won't make everybody happy, but we'll do the right thing for the park. Vice Chair Carollo: Thank you. What time is the will of the Commission to come back, 3:00? City of Miami Page 171 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Russell: What time is it now? It's 12:30 now. 3 o'clock? Vice Chair Carollo: Okay. So, it is, we'll be -- Commissioner Russell: Could we move this resolution while we're here? Is this something we can do? Because otherwise the staff can't come back. Vice Chair Carollo: If you 'd like to bring it up, I'll entertain it. Commissioner Russell: Thank you. So, moved. To rescind resolution as mentioned earlier 20- -- I'm sorry, 1 don't have it in front of me. Regarding location of the pool. Chair King: I didn't -- Commissioner Russell: R-20-0009. Vice Chair Carollo: Okay. Is there a motion? Commissioner Russell: Yes. Vice Chair Carollo: Is there a second? Commissioner Reyes: Well, let me -- before I -- we act on this, this is just to provide the alternative places? Commissioner Russell: Yes, directing the management to bring back the final plan that they recommend. We make the end decision because we apply the fording and we set the project in motion through its "B" number Commissioner Reyes: When we -- Commissioner Russell: But they can't do that, they can't even show us that plan because it has the pool in another location. Not far, pretty close, it's not far. Commissioner Reyes: I don't see why -- why the rescinding of the resolution have to come first because the only thing that they're going to do, they're going to bring the plan and that plan is not a decision. A decision have to be made if -- if we make a decision of accepting the plan and the plan entails to move the pool, then we will have to rescind it. But I think that we are placing the cart before the horse. Commissioner Russell: On one hand I agree with you that the acceptance of a new plan we could then rescind -- Commissioner Reyes: That's right. Commissioner Russell: But the Administration, the bureaucratic side, will not start working on another plan and show us another plan -- Commissioner Reyes: That's because they don't want because of their -- Commissioner Russell: But our resolution forces them to leave it in one place. Commissioner Reyes: No, no. Commissioner Russell: They've already worked on it. But I don't think they're going to bring it forward until -- City of Miami Page 172 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Reyes: Madam City Attorney, does the resolution preclude them from working on a plan? Victoria Mendez (City Attorney): Unfortunately I have to defer to Dr Ihekwaba because I don't -- I'm sure they can work on it, but presenting, I don't know the -- Commissioner Reyes: Well, but who -- presented as an alternative. But what 1 don't like to be is played, you see. I mean, if -- if we are going to move the pool -- I mean, I am not all for leaving the pool there and I want -- I want whatever is going to be done, got to be done fast and I have met with -- with residents from that area and 1 have told them precisely that the only ones that are suffering are the children of that area. When this all bickering that you did going back and forth back and forth and I don't know if it is because people like to see the pool in the area or it is more -- mean, it is much better and more possible to move it, but whatever the reason is, I think that you should sit together -- sit, and -- I mean, get their act together because we have about l0 years without a pool and every time that a solution is being presented there are some people that are against and some people that are in favor. That happens all the time. That happens all the time. And that affects not only your constituents, but also Ms. King constituents also. That they don't have a pool where to go. And as a matter of fact, I did suggest it, that if they're going to build a pool, the pool should be a size pool that you can compete, or train and teach the children, or have a swimming team there, you see. Butt want to see it built. Now, I want to know why -- why it can't be built in the same place and all of that, you see. Because we all agree on having the pool now, where it is, and to be repaired. And that's what it said. It was to be repaired. Now if repairing it -- it is not feasible then I will go -- I will vote to -- go to -- I mean -- Commissioner Russell: To rescind. Commissioner Reyes: To rescind. Commissioner Russell: Uh-huh. Nzeribe Ihekwaba (Deputy City Manager): So, Commission, this is Zerry Ihekwaba. We did hire a consultant to evaluate the pool and the rule of thumb, with respect to Florida Building Code, is for you to repair a structure if the cost is more than 51 percent of the value of the structure, you are required to build a brand new structure or bring it up to Code. The cost of bringing it up to Code is way almost the same as building a brand new pool. And not only that, the present location of the pool is in the VE zone. So, for -- and it requires a much higher structure in place, which also tallies with your complaint that they don't want to obstruct view to the water So, for us to relocate the pool outside the present footprints will enable us to reduce the height of the structure, build a brand new pool, and we solve the impact of sea level rise. Having said all of that, the Administration will be ready to present you with a plan perhaps in the January 7th meeting with the cost -- proposed cost estimate and we already done this in terms ofpublic outreach. On November 29th, the Administration met with the community and presented all the master plan for the entire Morningside pool, that will address all the concerns that were presented to you today. So, we are ready, we stand ready for us to do the presentation to the City Commission, and seek your input in terms of the direction to go. The concern that Commissioner Russell had raised is a valid concern. Your January 2020 resolution mandated the Administration to leave the pool in place, repair it, that structurally couldn 't do that, and also that will tantamount for us building a pool that is much higher and also obstructing view to the water Commissioner Reyes: Well, I want to hear what my fellow Commissioners think about it. But one thing that I'm -- I'm pretty sure is that you don't need to rescind this before City of Miami Page 173 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 you develop a plan, and you bring it, and you talk to all of us. And you have all the reasons placed in that plan for moving it or for not repairing or repairing it and not moving it. And that's what 1 want to know. But the one thing that 1 'in totally in favor is to present whatever plan you have, whatever plan you have, just go right ahead man, because all this bickering is going nowhere and we can spend 10 more years going back and forth because whenever you're going to do a project, whatever it is, there are people that favor it, people that are against it, you see. And what we have to look at is what's the benefitjbr the whole community, you see. Vice Chair Carollo: Commissioner King, do you have any input that you'd like to give at this point in time? Chair King: I know this is a sensitive issue for the community. I am not clear that I want to have to rescind a resolution that was already proffered, and 1 know here, our body wants to do what is in the best interest of our community. I love Morningside Park. I have said to everyone that Morningside Park is a place where I visited when I was a child. The pool, and all of that, but 1 understand that there are challenges. There are challenges to renovating the park and I would like to have input from staff on what can and cannot be done, what is reasonable, viable. So, however we can effectuate that without overturning what the community or what we have already decided as a body, which I wasn't here for, I'm in favor of Commissioner Russell: Thank you. I hear the will of this Commission, so 1 will withdraw my motion for rescission and maintain direction to the Administration to bring back a full presentation along with the resolution to rescind, sponsored by me, and if the will of the body is there at the time, we'll be able to vote it forward. But I can tell you right now if we don't rescind -- the experts have told us, the pool can't stay there and we're just not going to have anything. Commissioner Reyes: Listen, sit, through the Chair, I'm -- I'm not totally opposed on rescinding. I am not sold on any of the different, I will say, arguments that have been presented. The only thing that 1 want and the only thing that 1 really ask the Administration is to come with a plan, and that plan, whatever it is, I want professional opinions and I want backing, you see. I want that decision, whatever decision it is -- whatever decision it is, to be based on facts, you see, convincing facts. And then we'll rescind, and we vote, or we don't rescind. Vice Chair Carollo: Okay. Commissioner Reyes: Okay? Vice Chair Carollo: All right. Commissioner Russell: Second meeting in January, please. Commissioner Reyes: Second meeting in January. Okay? Vice Chair Carollo: Gentlemen -- Commissioner Reyes: So go to work, Administration. Vice Chair Carollo: -- and lady we now have gone to 12, almost 48, so we will reconvene at 3:15 so that we could hopefully finish, quickly, the rest of the agenda. Well reconvene at 3:15. Geoffrey Bash: May I speak for two minutes? City of Miami Page 174 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 Commissioner Reyes: I want to remind everybody that there is a pig waiting outside. Vice Chair Carollo: What? Commissioner Reyes: There is luncheon for everybody. Vice Chair Carollo: I'rn sorry, what -- Commissioner Reyes: Right outside of here. Vice Chair Carollo: What are you requesting? Mr Bash: May I speak for two minutes, please, on this park matter? Vice Chair Carollo: Well -- Mr Bash: Give a perspective, a point of view, being one -- Vice Chair Carollo: I'm sorry. We had public hearing before and we lost that. If you like -- Commissioner Russell: Commissioner -- Mr Bash: I'm sorry. 1 can't hear you. Commissioner Russell: Mr. Chair? Vice Chair Carollo: We had public hearing before. Commissioner Russell: Chair, this is a resident of mine. I know he's hard of hearing. He may have missed that we closed public comment and that there were two special appearances. I would like to ask if he could just have his two minutes? Vice Chair Carollo: Okay. Two minutes only, sir. Okay. Quickly. Mr Bash: Yes, thank you. Vice Chair Carollo: Out of courtesy to -- Mr Bash: My name is Jeffrey Bash. I live at 448 Northeast 39th Street. I live just steps to the next park south of Morningside Park. It was recently reopened after three -- nearly three years of being closed and no park at all. Years of planning the restoration of this park. I want to share a thought with you. I beg to differ with President Roosevelt because the worst decision is the wrong one. Vice Chair Carollo: Which Roosevelt? Teddy or -- Mr Bash: The gentleman quoted President Roosevelt saying that the worst decision is one that's never made. Vice Chair Carollo: Oh, okay. Mr. Bash: Okay? So the worst decision -- so thank you to this Commission for your due diligence, the hard work that you do and the difficult decisions I know that you're pressed with, but I'm begging you to continue on that path, as Commissioner Reyes has explained here, so that you make the right decision. So many wrong decisions were made in the small three acre park called -- it's been changed to Jose Milton Park City of Miami Page 175 Printed on 07/05/2024 City Commission Meeting Minutes December 9, 2021 ADJOURNMENT for some reason. But our flooding is worse. The rain isn't going to stop, and pooling is not going to stop, regardless of what changes you make to this park. So those photos showing pooling, that's going to happen. We asked the Parks Department to put the new sidewalks higher than the grade of the park so that when we do have pooling at least we can continue through the pathways of the park, okay, but it so much of the time it's what we cannot do. And we cannot apparently raise sidewalks higher than the elevation. So, when it is pooled, you still can't walk through the park. I ask you to look into changes like that. The devil always in the details. And so, please, some -- this park, 42 acres, is a very significant resource to the people of Miami. And so, the decisions we -- in our park, all this planning and all this they put a wetlands area in the park. It's supposed to have the water, but it doesn't work. The playground is what's under water. So, these -- Vice Chair Carollo: Sir -- Mr Bash: -- major changes -- Vice Chair Carollo: -- if you could wind it up, your two minutes are up. Mr Bash: Okay. The point is that these major changes like this, I view them as an experiment. Forty-two acres, I beg you, is not the place to experiment with certain new aspects and perhaps you could try them in other areas first before you go and do some of these other things besides drainage and seawall, and experiment with them in other areas, and perhaps that such a drastic change would be something that you take a super majority vote on of the residents within 500 feet. Thank you for your time and special permission to speak. Thank you. Vice Chair Carollo: We'll reconvene at 3:15. Thank you. The meeting adjourned at 6.•38 p.m. City of Miami Page 176 Printed on 07/05/2024