HomeMy WebLinkAboutCC 2022-03-24 MinutesCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Meeting Minutes
Thursday, March 24, 2022
9:00 AM
City Commission Meeting
City Hall
City Commission
Francis X. Suarez, Mayor
Christine King, Chair, District Five
Joe Carollo, Vice Chair, District Three
Alex Diaz de la Portilla, Commissioner, District One
Ken Russell, Commissioner, District Two
Manolo Reyes, Commissioner, District Four
Arthur Noriega, V, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
City Commission
Meeting Minutes March 24, 2022
9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Chairwoman King, Vice Chair Carollo, Commissioner Diaz de la Portilla,
Commissioner Russell and Commissioner Reyes
On the 24th day of March 2022, 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 Chairwoman King at 9:01 a.m.,
recessed at 12:24 p.m., reconvened at 6:21 p.m., and adjourned at 6: 53 p.m.
Note for the Record: Vice Chair Carollo entered the Commission chambers at 10:03 a.m., and
Commissioner Diaz de la Portilla entered the Commission chambers at 10:07 a.m.
ALSO PRESENT:
Arthur Noriega, V, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
Chair King: Again, I'm going to welcome you to the March 24, 2022 meeting of the City Hall,
City of Miami. At this time, I'm going to ask Rabbi Jacobs to honor us with a prayer to begin
our meeting. Thank you, Rabbi Jacobs.
Invocation and pledge of allegiance delivered.
Chair King: And I ask that we continue to say a prayer for the families in Ukraine.
PR - PRESENTATIONS AND PROCLAMATIONS
PR.1
11685
PROTOCOL ITEM
Honoree
Presenter
Protocol Item
Barbara Sweet
Mayor Suarez
Certificate of Merit
Shayla Saintil
Mayor Suarez
Certificate of Merit
Madeline Pumariega
Mayor Suarez
Certificate of Merit
Oliver Angulo
Mayor Suarez
Certificate of Merit
Enzo Nucci
Mayor Suarez
Certificate of Merit
Mayra Cortez
Mayor Suarez
Certificate of Merit
Eugenio Machado
Mayor Suarez
Certificate of Merit
Miami Outboard Club Auxiliary (MOCA)
Mayor Suarez
Commendations
City of Miami Police Officers and
Coconut Grove Law Enforcement Staff
Mayor Suarez
Certificate of Merit
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RESULT: PRESENTED
1) Mayor Suarez and Commissioners presented a Certificate of Merit to Ms. Barbara
Sweet. Ms. Sweet has a positive attitude when assisting many residents of the City of
Miami. She is devoted to the community, and her planning and execution of multiple
Farin Shares is stellar. Elected Officials paused in their deliberations to pay tribute
and recognize her great efforts, education and leadership while thanking her for
elevating the quality of life in the City of Miami.
2) Mayor Suarez and Commissioners presented a Certificate of Merit to Ms. Shayla
Saintil. Ms.Saintil was recognized for dedication to her Aunt Sarah. Ms. Saintil,
worked in the healthcare profession for over 33 years as a Head Nurse of the
Cardiac Care Unit at the VA Hospital. Upon her retirement from the VA, she did not
stop working in the career she loved and continued working for VITAS until October
31, 2014, when she retired permanently. When Shayla began to notice her aunt's
health beginning to fail, she stepped into the role of being her caregiver. During the
past eight years, Shayla has continued to give her Aunt Sarah the care she needs on
a daily basis and refuses to place her in a nursing home or other senior citizen
facility. She believes that the nurturing and care she gives her aunt far outweighs the
day-to-day challenges. Her satisfaction is in knowing she is returning the same love
and care her aunt gave her in her younger years. Elected Officials paused in their
deliberations to pay tribute and recognize her great efforts, and kindness while
thanking her for elevating the quality of life in the City of Miami.
3) Mayor Suarez and Commissioners presented a Certificate of Merit to Ms. Madeline
Pumariega and was honored with the Julia Tuttle Award. Ms. Pumariega is the
president of Miami Dade College and was previously the executive director of Take
Stock in Children, a statewide nonprofit focused on breaking the cycle of poverty by
helping students complete their high school education and advance into post-
secondary education and careers. Driving her relentless pursuit is the passion to
develop leaders and build thriving communities. Ms. Pumariega clearly recognizes
higher education's role in transforming lives and communities. Elected Officials
paused in their deliberations to pay tribute and recognize her efforts and leadership
while thanking her for elevating the quality of life in the City of Miami.
4) Mayor Suarez and Commissioners presented a Certificate of Merit to various
students for cleanup efforts conducted in Brickell and Virginia Key. The following 8'
grade students who attend International Baccalaureate program at Ponce de Leon
Middle School identified areas in need of attention and organized cleanups to help
keep Miami clean. Students Oliver Angulo and Enzo Nucci and their teachers Mayra
Cortez and Eugenio Machado also assisted in organizing the cleanups. Elected
Officials paused in their deliberations to pay tribute and recognize these students'
and their teachers' efforts and leadership while thanking them for elevating the
quality of life in the City of Miami and keeping our city clean.
5) Mayor Suarez and Commissioners presented a Commendation to the Miami
Outboard Club Auxiliary (MOCA), who are the wives of members belonging to the
Miami Outboard Club. These women organize community activities with a focus on
children (Easter Egg Hunt, Christmas Toy Drive & Distribution). During the
holidays, these women organized a Thanksgiving Dinner and Christmas Party jro
the elderly residents of the City of Miami. These two events have been hosted over
the last 30 years. The MOCAs assist their husbands in hosting fishing tournaments
at the Club for inner-city children enrolled in the park's programs with the City of
Miami several times a year and other Club activities. Elected Officials paused in
their deliberations to pay tribute and recognize the great efforts of these members
while thanking them for elevating the quality of life in the City of Miami.
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Meeting Minutes March 24, 2022
ORDER OF THE DAY
6) Mayor Suarez and Commissioners presented a Certificate of Merit to the City of
Miami Police Officers and Coconut Grove Law Enforcement Staff in recognition of
their service and actions. City of Miami Elected Officials recognized Commander
Weslyne Lewis Francois, Sergeant Annette Valdivia, Officer Martha Alas, Officer
Katrina Hernandez, CSP Aileen Rodriguez, and PSA Shirley Jean -Noel. These
employees provide exemplary service to our community and keep the City of Miami
safe. Elected Officials paused in their deliberations to pay tribute and recognize the
great efforts of these employees while thanking them for elevating the quality of life
in the City of Miami.
Chair King: To the City of Miami Commission meeting for March 24th, 2022. At this
time, we are going to recognize some fantastic women. March is National Wonien's
Month, and we would like to recognize some of our most fantastic women in the City
doing wonderful things, and now Ent going to turn the mic over.
Presentations made.
Chair King: This will conclude the proclamations presentations portion of our
meeting.
Chair King: And at this time, the procedures for public comment will be explained by
the City Attorney. And the procedures for swearing in of parties for the planning and
zoning and or quasi-judicial items will be explained by the City Clerk. The members
of the City Commission appearing for this meeting thus far are myself Chairwoman
King, Commissioner Ken Russell, and Commissioner Manolo Reyes. Also appearing
are the City Manager, Art Noriega, City Attorney, Victoria Mendez, and our City
Clerk, Todd Hannon. City Attorney, would you please?
Barnaby Min (Deputy City Attorney): Yes, thank you, Madam Chair. 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 until registering. A copy of the code section about lobbyists is
available in the City Clerk's Office or online at municode.com. Any person making a
presentation, formal request or petition to the City Commission concerning real
property must make the disclosures required by the City Code in writing. A copy of
the City Code section is available at the office of the City Clerk or online at
municode.com. The City of Miami requires that anyone requesting action by the City
Commission must disclose before the hearing any consideration provided or
permitted to anyone for agreement to support or withhold objection to the requested
action pursuant to Section 2-8 of the City Code. 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. If any Commissioner thinks the documents supplied to the Commission
fewer than seven days before merits a continuance, the item may be continued by the
City Commission. Pursuant to 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 24 hours a day at miamigov.com. Any person may be
heard by the City Commission through the Chair for not more than two minutes on
any proposition before the City Commission unless modified by the Chair. Public
comment will begin at approximately 9:00 a.m. and remain open until the public
comment is closed by the Chairperson. Members of the public wishing to address the
body may do so by submitting written comments via the online comment form. Please
visit 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 the elected officials
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and City's Administration throughout the day so that the elected officials can consider
the comments prior to taking any action. Additionally, the online comment form will
remain open during the meeting to accept comments and distribute to the elected
officials up until the time the chairperson closes the public comment period. Public
comment may also be provided live at City Hall at 3500 Pan American Drive, Miami,
Florida, subject to any and all City rules as they may be amended. If the proposition
is being continued or rescheduled, the opportunity to be heard may be at such a later
date before the City Commission takes action on such a proposition. When addressing
the City Commission, the member of the public must first state his or her name, his or
her address, and what item is being spoken about. Any person with a disability
requiring assistance, auxiliary aids, and services Jrothe meeting may notify the City
Clerk. The City has provided different public comment methods -- indicate, among
other things, public support, opposition, or neutrality in the items and topics to be
discussed at today's Commission meeting pursuant to Section 286.0114 (4)(c),
Florida Statutes. The public has been given the opportunity to provide public
comment during the meeting 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 miamigov.com. Planning and Zoning
Items will proceed according to Section 7.1.4 of the Miami 21 Zoning Code as
temporarily modified pursuant to Emergency Ordinance Numbers 13903 and 13914.
Pursuant to Emergency Ordinance Numbers 13903 and 13914, parties for any
Planning and Zoning Items, including any applicant, appellant, appellee, City Staff
and any person recognized by the decision -making body as a qualified intervenor as
well as the applicant's representatives, and any experts testifying on behalf of the
applicant, appellant, 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 the location by an
individual qualified in the performance of 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
affirmation. The members of the City Commission shall disclose any ex parte
communications to remove the presumption of prejudice pursuant to Florida Statute
Section 286.015 and Section 7.1.4.5 of the Miami-21 Zoning Code. Staff will briefly
present each item to be heard. For applications requiring City Commission approval,
the applicant will present its application request to the City Commission. If the
applicant agrees with the staffs recommendation, the City Commission may proceed
to its deliberation of the decision. The applicant may also waive the right to an
evidentiary hearing on the record. The order of presentation shall be as set forth in
Miami 21 and the City Code provided that the appellant shall present first. For
appeals, the appellant will present its appeal to the City Commission followed by the
appellee. Staff will be allowed to make any recommendations they may have. Please
silence all cell phones and other noise -making devices. This meeting may be viewed
live on Miami TV, the City's Facebook page, the City's Twitter page, the City's
YouTube channel, and Comcast Channel 77. The broadcast will also have closed
captioning. Thank you, Madam Chair.
Chair King: Thank you, Mr. City Attorney. Mr. City Clerk.
Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who
will be providing testimony, to be sworn in for planning and zoning items and any
quasi-judicial items on today's City Commission agenda will be as follows. The
members of the City staff or any other individuals required to be sworn in or 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
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remotely may be sworn in now or at any time prior to the individual providing
testimony for planning and zoning items and or quasi-judicial items. Pursuant to
Emergency Ordinance Number 13903, those individuals appearing remotely may be
sworn in at their location by an individual qualified to administer the oath. After you
are sworn in, please be sure to complete, sign, and notarize the affidavit provided to
you by the City Attorney Office. Each individual who will provide testimony must be
sworn in and execute an affidavit. Please email a scanned version of the signed
affidavit to the City Clerk at thannon@miamigov.com prior to providing testimony on
the planning and zoning item and/or quasi-judicial item. The affidavit shall be
included in the record for the relevant item for which you will be providing testimony.
Commissioners, are you comfortable with the notice provision set forth in these
uniform rules and procedures we have established for this meeting?
Commissioner Russell: Yes.
Mr. Hannon: Chair, may I administer the oath for the Planning and Zoning items?
Chair King: Please.
Mr. Hannon: Thank you, Chair. Good morning, ladies and gentlemen. Good morning,
ladies and gentlemen if you will be speaking on any of today's Planning and Zoning
items, may you please have you stand and raise your right hand.
The City Clerk administered the oath required under City Code Section 62-1 to those
persons giving testimony on zoning items.
Mr. Hannon: Thank you, Chair.
Chair King: Thank you, Mr. City Clerk. Mr. Manager, at this time, do you have any
items that you would like to continue, defer, withdraw?
Arthur Noriega (City Manager): Good morning, Ms. Chairwoman, Commissioners,
Madam City Attorney, Mr. City Clerk. At this time the Administration would like to
defer and or withdraw the following items: RE.4 to be withdrawn; SR.1 to be
withdrawn; FR.2 to be indefinitely deferred; FR.3 to be indefinitely deferred, and on
behalf of the applicant, two companion PZ (Planning and Zoning) Items, PZ.3 and
PZ.4 to be deferred to April 28th. That concludes the items.
Chair King: Commissioner Russell, do you have any items that you would like to
continue, withdraw, or defer?
Commissioner Russell: No Chair.
Chair King: Commissioner Manolo Reyes? None? Okay. I would like to defer PZ.6
until July 14th. At this time, oh, wait a minute. Mr. City Clerk, do we have any
mayoral vetoes?
Mr. Hannon: Chair, is there a motion for the continuances, withdrawals, and
definitely defer?
Commissioner Russell: Chair, for the order of the day, would you also like to add
pocket items at this time or no?
Chair King: We could. Do you have a pocket item?
Commissioner Russell: I have one pocket item on Fl signage for downtown. I'll ask
the Clerk to distribute it.
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Chair King: That pocket item needs to be read into the record?
Mr. Hannon: It's not necessary, but it does help for public comment.
Commissioner Russell: I don't have it in front of me right now, so as soon as we have
it, I'll, I'll have it.
Chair King: Okay. Alright.
Mr. Hannon: But it is duly noted.
Chair King: Okay. So may 1 have a motion and a second?
Commissioner Russell: Second.
Chair King: I have a motion and a second to defer or withdraw and continue the
items that the City Manager identified as well as the ones that I identified.
Mr. Hannon: And for the record, is it Commissioner Russell seconding the motion?
Chair King: Yes.
Mr. Hannon: And, Chair, before you vote, just for the record, Commissioner Russell
would like to co-sponsor RE.2, RE.3, and RE.7, and Commissioner Reyes would like
to co-sponsor or sponsor FL.1.
Commissioner Russell: Chair, not RE.7. The other two, yes.
Mr. Hannon: Oh, my --
Commissioner Russell: That was a mistake, my fault. So. not -- the other two, yes, but
not RE.7.
Mr. Hannon: My apologies. So, Commissioner Russell would like to co-sponsor RE.2
and RE.3.
Chair King: Okay. So, all in favor?
The Commission (Collectively): Aye.
Chair King: Motion passes.
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PUBLIC COMMENT FOR ALL ITEM(S)
11765 DISCUSSION ITEM
City Commission
PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE
PUBLIC FOR THE MARCH 24, 2022, CITY COMMISSION MEETING.
RESULT: PRESENTED
Chair King: At this time, I will open the public comment period. Is there anyone here
to speak on the items on this agenda for public comment? Please step up to the podium.
Victoria Mendez (City Attorney): Madam Chair, just so that the public knows what the
F1 signage item is about, is to place signs similar to when we had the Super Bowl in
downtown. So just so -- signage.
Chair King: Okay.
Ms. Mendez: Thank you.
Luimar Zibetti Garza: I just wanted to make sure because I -- for 32 years I've worked
and the attorney was kind of quick in what he was stating. There is no item I wish to
offer information today. Is that acceptable?
Chair King: Say that again?
Ms. Garza: I don't have a specific item I'm going to comment, I guess, my three
minutes on, but I do have information, which was one of the boxes I could check over
there on the public comments.
Chair King: Well, it would be for any -- it would be only for items that appear on this
agenda. If you have information about items that appear on this agenda, you can
speak.
Ms. Garza: There's no other comments that I can make regarding the actions of
another mayor and preventing me from entering my city hall for 365 days?
Chair King: No, not at this -- you do have a venue to make such a complaint, but not
here during the public comment period. I can have someone take you off to the side and
speak to you about that, though.
Ms. Garza: Perfect. And is the 2:00 o'clock meeting also under the same criteria that
you have today?
Chair King: Yes, 2.30.
Ms. Garza: There's -- and so there is never an opportunity for an individual to come
here and just make a comment about something about Coconut Grove, irrespective of
what's on the agenda?
Ms. Mendez: So normally what occurs is that you come speak to the Manager, you
advise all the issues that you're having. If it is not addressed by the Manager, then you
can ask for a personal appearance. That's normally how it works.
Ms. Garza: Okay. Would that be able to ask for personal appearance today?
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Ms. Mendez: Not today, but we could talk to the Manager.
Ms. Garza: Alright. Thank you.
Chair King: You are welcome. Sir?
James Torres: Hi. Good morning. Good morning, Commissioners. James Torres,
President of DNA (Downtown Neighborhood Alliance). I would like to bring up RE.7,
FR.3, and DI.2 in reference to scooters. The DNA, once again, wants to put its position
very clear. We do support the scooter program. However, if we're going to start
changing verbiage and things that need to be done, we're okay with that. Removing the
word revoke, 1 guess that's kind of a harsh word for everybody if they're trying to
change things around. The only major thing that we're asking for, if we're ready to
release the RFP (Request for Proposal) into a permanent status, we would like a seat
at the table to talk about that and hopefully the number of scooters will be limited to
about a thousand instead of the numbers that we had in the past because I think that's
important to kind of control that. But again, just reiterating that we do support if we're
going to move forward with the permanent program and the verbiage that you guys are
wanting to change on that. Thank you.
Chair King: Thank you. Good morning.
Aki Fernandez: Good morning. My name is Aki Fernandez. I'm a local builder and
registered architect. I'm here to add my voice to the opposition ofPZ.5. This TOD
(Transit Oriented Development) parking amendment would eliminate the 50 percent
parking reduction and 100 percent parking exemption for buildings under 10,000
square feet that are currently permitted. This amendment is a direct affront to small
developers. Small developers play a key role in providing the housing that organically
grows our tax base. As someone who reads and interprets codes for a living, I can tell
you that this amendment will diminish the quality and affordability of our built
environment. Under the current code, developers can provide affordable parking -
reduced options for consumers who value being near transit. The importance of the
small, affordable urban building cannot be understated. They create wealth and
provide cheap housing. They make up the urban fabric of great neighborhoods like
Coconut Grove, Little Havana, and Wynwood. This amendment goes against the
prevailing development patterns of our time. Great cities are designed around people,
not parking. Miami can no longer afford to be just another car town. Major cities
across the world are encouraging density, empowering developers of all sizes to
provide diverse, economic housing types. We live in a time of 40 percent rent hikes,
double-digit inflation, and $5 gas. Building cost-effective housing while reducing our
reliance on fossil fuels empowers us to combat these challenges locally. I would
welcome the chance to meet with any of you personally and make my case in more
detail. But for now, I implore this Commission to be part of the solution, protect small
developers and the many that rely on them. I urge you to keep TOD parking reductions
in place and reject or withdraw this amendment. Thank you.
Chair King: Thank you. Good morning.
Truly Burton: Good morning, Madam Chair. My name is Truly Burton. I represent the
Builders Association of South Florida. Good morning, everybody. And the prior
speaker could not have said it better than that. There are, again, as you all know, the
proposal SR.5 would eliminate the current parking waivers used by projects within
transit corridors and TODs and also reduce parking for buildings that are less than
10,000 square feet. Right now, Article 4 of Miami 21 authorizes waivers up to 30
percent offset far minimum parking requirements for new construction in these zones
and would. facilitate mixed -use and residential development in these areas that need to
be served by transit. We want to build walkable cities. That's what this is partly about.
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Eliminating this parking reduction would do just the opposite. This particular
preservation has been critical to mitigating the current housing shortage, without
which, if this were not in place, we'd have even higher rents, if that is possible. Okay.
Further unintended consequences include, aside from going contrary to the city's goal
to promote more affordably priced housing, it would increase construction costs and
would reduce resiliency and walkability. It would also deter additional affordably
priced housing construction throughout the city. And remember, we've got to protect
the workforce. These are the folks that cook our meals, help clean office buildings, and
everything else. They need to be close to where they live and close to transit. It is
important also to note that the Planning -- Planning, Zoning, and Appeals Board voted
7 to 2 against this proposal. At that meeting, there were a diverse group of
stakeholders, residents, property owners, developers, and housing advocates of all
stripes. So, based on the foregoing, I'll --
Chair King: Thank you.
Ms. Burton: Thank you.
Chair King: Thank you.
Commissioner Reyes: And Truly?
Ms. Burton: Yes, Commissioner?
Commissioner Reyes: What's your address? Where do you live?
Ms. Burton: 111 Northwest 183rd Street in Miami Gardens.
Commissioner Reyes: In Miami Gardens?
Ms. Burton: Yeah, because we serve Dade and Broward counties.
Commissioner Reyes: Okay.
Ms. Burton: Thanks.
Chair King: Good morning.
Iris Escarra: Good morning everyone. Iris Escarra with offices at 333 Southeast 2nd
Avenue. I'm also here on PZ.5. I would like to put a letter into the record with current
applications that we are processing that we would like to vest. So should the City
Commission advance this amendment as it proceeds forward, we want to make sure
that applications that have been in process, have a complete application, a PZ number,
spent money on architectural landscaping, surveying plans, are allowed to proceed
under the waiver. Of the 12 that we are currently processing 11 are in Commissioner
Russell's district and 1 is in Commissioner King's district. Those are -- because they're
near the transit and the major corridors. So we want to put a record that we would like
to vest the current applicants so that they can continue and not be set back in time to
have to start a different application process should that advance. Thank you very
much.
Chair King: Thank you. Good morning.
Katrina Irwin: Good morning. My name is Katrina Irwin, 2103 Coral Way. I am here
today representing the youth wearing red and navy. It's midterm season right now at
school and our coalition worked hard writing speeches and organizing for this event. I
am here today to ask you all to vote yes on allowing two youth members to sit on the
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Climate Resilience Committee. 1 was saddened to hear that you all chose to make this
important topic a discussion topic, which ended up silencing the majority of our
coalition, as you can see here today. We should not silence the youth of Miami. We
should uplift them. In September, you all were considering decreasing funding to the
Office of Resilience. The youth of Miami were upset by this. Instead of doing nothing,
we decided to use our civic voice and gather here as a coalition wearing red to ask you
all to increase funding. Due to our advocacy, we were able to increase funding by
$388,000. In 2019, the youth of Miami convinced the Mayor and you all to pass a
much -needed climate emergency -- climate emergency declaration. If you can't tell by
now, the youth of Miami get it done. We have the knowledge to help guide the city --
Chair King: Thank you. Thank you. Good morning.
Ms. Mendez: Madam Chair. Madam Chair, I just wanted to clarify something because
if we're going to have every -- she sounded upset and I wanted to clarify, our Code
allows for these items to be a discussion item so that it's recommended to the
Commission and then if they so choose they bring the item. So I just -- I didn't want it
to be lost that something was being done.
Ms. Irwin: Thank you. Could I request that some members of our coalition have the
time to speak then?
Chair King: They absolutely have an opportunity to speak. Everybody has two minutes.
Ms. Irwin: Okay, great. Thank you so much. More people will be coming up to speak
then.
Chair King: Okay, so it's as a courtesy because it's a discussion item, but if you'd like
to have your voices heard, please.
Ms. Irwin: Yeah, we would love to. We worked (UNINTELLIGIBLE) it's midterm, as I
mentioned.
Chair King: Are they going to get up?
Ms. Irwin: Great, get up everyone. Thank you.
Chair King: Go ahead, sir.
Ethan Rosenzweig: Hello, thank you for having me here. My name is Ethan
Rosenzweig. I'm honored that I was selected initially, but we're all going to speak. I
was born and raised in Miami Beach, and I've spent my whole life here. I am an
Ecosystem Science and Policy student at the University of Miami and intern at the
Xavier Cortada Foundation. My curriculum, there are too many court cases favoring
those who pollute and damage our planet, our home. I plan to go to law school to be
an environmental lawyer to change this. I seek to those -- hold those who destroy our
home here in South Florida accountable. I cannot be the only one whose neighborhood
floods when it rains. I'm not alone in anticipating a housing market crash due to the
increasing natural disasters, flooding, and insurance costs. Miami will not magically
sink underwater like Atlantis, but the everyday things taken for granted like plentiful
drinking water, unimpeded roadways, and enjoying secure shelter at this gorgeous
waterfront property will be increasingly vulnerable and at risk. These issues will not
subside, they will only get worse. We must do better. There is no other choice. One can
stick their head in the Miami Beach sand, but that does not change the reality that we
must be more resilient to mitigate potential environmental disaster. This is
indisputable. What this details is subject to debate, and that is why we have these
committees. However, and I do not have the answers -- however, you must also
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recognize that you do not have the answers. You must also be humble. The two youth
voting member spots are crucial because we bring a more optimistic outlook. Some
will believe that we have reached the pinnacle and the world is going downhill, but this
is laughable, absurd, and selfish. We have risen to every challenge, and this will be the
next. We need to start somewhere. Why not here, in this very room? Thank you.
Chair King: Thank you. Good morning.
Adam Roberti: Good morning. Thank you all. My name is Adam Roberti. I live at 3621
Southwest 3rd Avenue, Miami, Florida. 1 am born and raised South Floridian from
Hollywood originally, and then I moved here about eight years ago to go to the
University of Miami. When I was in high school, I wanted to be a marine biologist. I
wanted to go diving. I wanted to go play with sharks and corals. And I got to the
University of Miami, and I found out that that might not be what I get to do. And the
reason is because we are actively destabilizing our climate, let alone that we are also
causing a mass extinction event, let alone that we are acidifying our reefs, causing our
oceans to rise. We are actively doing this with full knowledge that it is because of our
greenhouse gas emissions. Yet we do not stop. It is critical that we add two youth
voting members to this resilience committee, because from my experience, for example,
in November, I went to COP26 in Glasgow, Scotland, it was the youth who had
urgency. The adults were speaking niceties, but we need action now, we need change
now, and we are going to get that with youth at the table. Thank you.
Chair King: Thank you. Good morning.
Nicholas Duran: Good morning. Thank you, Madam Chair, for allowing us the
opportunity to speak today. My name is Nicholas Duran and I live at 145 Southwest
27th Road. Pm here today to urge you to vote yes on adding two youth members to the
Climate Resilience Committee. Miami is on the front lines of the climate crisis. I was
born and raised in this city and over the years I have watched as sunny day flooding
has crept slowly higher and higher into our streets. Danger days from extreme heat
have become more and more common, and fossillueled hurricanes have become an
increasingly dangerous threat to our coastal communities. Luckily, we know what the
solutions to the climate crisis are. We need an urgent and just transition to clean,
renewable energy to secure a safer, healthierfuture. A future in which our
communities have access to resilient and reliable public transit, regardless of ZIP
code. A future free from food deserts, wherein everyone has access to healthy,
nutritious food. A future wherein everyone in Miami has clean air to breathe and clean
water to drink. I strongly believe as a born and raised Miamian and Millennial that
this movement to a fossil free future must be led by those in my generation and in my
community. We are the ones who will feel the greatest impacts of the climate crisis. It
is our future that are truly on the line. I urge you to look at all the youth who have
taken the time out of their busy lives to join us here today and listen to our pleas. So
please, vote to pass the Discussion Item 1. Thank you.
Chair King: Thank you. Good morning.
Luke Norris: Good morning. My name is Luke Norris and I'm 19 years old. I've lived in
the great state of California all my life until I had the privilege of attending the
University of Miami last fall. There's so many things Ilove about California, the
people, the food, the cultures, the communities, and the natural beauty. I've grown up
lucky enough to experience our lakes, rivers, the Pacific Ocean, majestic redwoods,
hills, and mountains. But there are also things I've noticed as I get older. More of the
beach sand is littered with plastic. Severe droughts that last for multiple years and
force us to adapt with water use restrictions. During our lire season, community events
and school days are canceled because the air is too hazardous to breathe in. Forests I
grew up camping in and hiking in are destroyed, and my sister's home is burned down,
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while her and thousands of other citizens flee for their lives. Scientific literature tells us
that these droughts and fires are increasing in frequency and intensity due to climate
change. While Miami has plenty of water, our groundwater is threatened by saltwater
intrusion and sea level rise. In the future, people may have to flee their homes, not
because of fires, but rather more intense hurricanes and frequent flooding. But now is
not the time for hopelessness. It's a time for action, compassion, and strength in
community. And adding two youth positions to the Climate Resilience Committee is a
great start. This is an amazing opportunity to empower young people and show that
concern for the future of Miami and our world is taken seriously. I hope this resolution
is passed and I voice my complete support for it. Thank you.
Chair King: Thank you. Good morning.
Alika Esperson: Good morning. My name is Alika and I'm an FlUsustainability
student. I'm here because I believe climate change is the most pressing issue of our
generation and we deserve to have our voices heard. I also believe it is our duty to give
a voice to the voiceless, such as endangered species and natural ecosystems. I'm in a
position where I don't know ifI can bring children into this world because of
sustainability issues. This is why we need two youth voting positions on the Climate
Resilience Committee, as we were promised by Mayor Suarez. The youth is facing an
existential crisis regarding the futures and having representation that can make them
more hopeful. Working together, we can fight for 100 percent renewable clean energy
and to incentivize solar panels in our beautiful Sunshine State and increasing solar
access in historically low-income communities. Addressing these issues in food justice
by increasing access to local gardens and affordable farm stands. We can also
increase protection of native species and build more green spaces and increase tree
canopy. Thank you.
Chair King: Thank you. Good morning.
Matt Ellis -Ramirez: Good morning, Madam Chairwoman. My name is Matt Ellis -
Ramirez. I'm a student at the University ofMiami studying ecosystem science and
policy, and I grew up in Guatemala and I was displaced because of flooding. I wish I
had a resilience committee back then, and I want to advocate for Miami. Miami is the
most vulnerable city according to Scientific American, and we have this opportunity to
speak up. I know a lot of my colleagues and class members also care so deeply about
the climate that it's constantly in the back of our heads. Climate and advocacy has
become an after school activity and textbook examples like Miami are not just things
we study but we have to live and understand. So having two young people on this
committee would mean you have somebody who is deeply staked in this work, in this
community, alongside everyone else. And that's all we're really asking for. And I want
to urge you all to vote yes on having these two positions. Thank you.
Chair King: Thank you. Good morning.
Christine Jules: My name is Christine Jules. I'm a junior at MAST (Maritime and
Science Technology) Academy. I'm here today as an advocate for Miami. As we know,
the sea levels are rising due to climate change. And I just want to state here and say
that we need to do better with our carbon emissions and our carbon footprint and how
we need to do better as a community to try to prevent disasters like flooding and
hurricanes and how Miami is our home and how we should take care of it and how like
you know as a community we need to do better. And I hope we pass this resolution.
Chair King: Thank you. Morning.
Steve Wernick: Good morning, Madam Chair.
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Chair King: How are you?
Mr. Wernick: Doing well, nice to see you. Commissioners, Steve Wernick, 2501
Swanson Avenue with the Law Office at 320 Miracle Mile, Coral Gables. I'm here on
item PZ.5, which is about rolling back the parking waiver for TOD in transit corridor
areas. I think we've already heard the challenges that this poses on housing
affordability. Parking costs are a big cost. It adds to the construction costs. And in
most of these areas, it's not needed. The trends are lesser cars. It's a big city, the City
of Miami, not every neighborhood is the same. The intention behind this was to focus
on the areas that are currently and to be served by transit. We know there have been
challenges with the transit service itself, butt don't think that's enough reason to take a
citywide blanket approach to removing this flexibility. It's super important and this
would really affect small builders the most. Those smaller lots where you need that
flexibility end up becoming continued vacant lots, slum and blight. The flexibility
allows to create more housing in the areas that need it. So I would just urge you to take
a more holistic approach. I don't think this is the right approach. We already have a
waiver in place that requires notice to the abutting owners, notice to neighborhood
associations, and prohibits the use of that waiver within 500 feet of T3 zones. So I think
the protections are there. We can continue to work on it and do what's right for the
city. Thank you.
Chair King: Thankyou. Good morning.
Kiyra Ellis: Good morning. Thank you. Thankyou so much for this opportunity to
provide comment on this agenda item concerning the addition of youth voting member
positions for individuals age 18 to 30 on the Climate Resolution Resilience Committee.
My name is Kiyra Ellis and I am 22 years old and I've been living in Miami for four
years and in Florida for 10 years. I'm currently a law student at the University of
Miami, where I'm an intern at the Environmental Justice Clinic. The idea of adding two
youth voting member positions for individuals age 18 to 30 was Mayor Suave's [sic]
position, and it was introduced October 27th in 2020 -- or yeah. And it stated that the
legal department was looking into this as a potential item to bring youth into the
climate conversation in Miami. It is my generation that will face the devastating effects
of the climate change and sea level rise in South Florida. Youth voting members would
be one of the several forward -thinking climate and sustainability policies
recommended by this committee. Mayor Suarez has promised us the creation of this
Youth Council for quite some time and it's time he delivered on this promise. Adding
the voice of the Miami -- adding the voice of youth to the Miami Climate Resilient
Committee will show that the city truly values the opinions and civic involvement of
younger generations. Throughout -- through this committee, we hope that it will
commit to a hundred percent clean renewable energy goal. In order to accomplish this
goal, we recommend that there is a focus on reducing transportation related fuel
consumption, further implementation of green energy, saying no to our over -reliance
on natural gas, and further awareness of energy -efficient alternative to daily activities.
The City collaboration with existing organized groups who renew -- to review
interested candidates, thus reducing the American's -- thus reducing the government's
burden in the approval process with a set term for youth seats will help accomplish this
goal.
Chair King: Thank you.
Ms. Ellis: Thank you so much for the opportunity.
Chair King: Good morning.
Jackson Oberlink: Good morning. Thank you, Chair King, . for your time. My name is
Jackson Oberlink, 2103 Coral Way. I'll keep this short. So not only do the youth of
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Miami have the political willpower for climate action, we have the knowledge to help
guide the city of Miami and protect our future. My generation will be the generation
most impacted by the climate crisis, which is why it is integral that we have two youth
members on the Climate Resilience Committee to help protect our future. Miami -Dade
County understands the importance of youth in the decision -making process and is
currently developing a Miami -Dade Youth Climate Council. In fact, three years ago,
when we passed the Climate Emergency Declaration, Mayor Suarez also thought it
would be a good idea to have youth involved in the decision -making process. Three
years later, and there are still no youth leaders sitting on the Citv's Climate Resilience
Committee. This promise is long overdue. The City of Miami Mayor and the
Commission need to allow youth in the decision -making process. It is our future at
stake, which is why 1 urge you to vote yes on allowing two youth leaders on the City of
Miami Climate Resilience Council. Thank you.
Chair King: Thank you. Ma'am?
Ms. Garza: Hello, I suppose everything happens for a reason. I would like to comment
on this item.
Chair King: Which one?
Ms. Garza: My name is Luimar Zibetti Garza. I am homeless, H-O-M-E-L-E-S-S, and I
currently actually live at Peacock Park, which is that sign right in front ofyou, and I
invite all the individuals wearing the red shirts today to visit me there because we can
give you some inside information of what is not being told to you. I personally
recommend that you disband this Climate Resilience Committee. Why? Because have
none ofyou heard ofNikola Tesla? Have none ()Lyon heard ofHAARP, controlling
weather? And under the banner of First Amendment rights, I make these statements
with truth and veracity. I will say to all of you, be prepared to unlearn everything you
were ever taught or thought as a result thereof as being the truth. Because whoever
controls the skies, controls the planet. And I am telling each one of you that are Code
Red, you would do much better than to try to change what is happening here because
they are using you as token crumbs. Come to Peacock Park, learn a little bit more
about what's going on. Please disband it. Thank you.
Chair King: Thank you. Good morning, Elvis.
Elvis Cruz: Good morning. Elvis Cruz. Commissioners, item SR.2 is the Baywalk
Ordinance which has 13 illustrations, all placing the seawall at the bay, which makes
perfect sense because it protects from flooding and erosion and provides resilience.
But the City's plan for Morningside Park puts the seawall 23 to 77 feet inland and digs
the shoreline down to the high tide level to create a mangrove incubating swamp.
Mangrove seeds would float in, sprout, and grow a wall of mangroves along the bay,
blocking the view, collecting litter, and breeding mosquitoes. The plan clearly shows
mangroves growing there. This already happened in Morningside Park. Here's the
inland tidal basin in 1953. Here it is now, after mangrove seeds floated in. The park
already has two and a halfacres of mangrove habitat. Here's Peacock Park in 1981
with a beautiful bay view. Now it's a wall of mangroves. Commissioner Alex Diaz de la
Portilla pointed out how difficult it is to get permits to remove or trim mangroves, and
staff agreed. Don't create another maintenance problem. The plan would also install
large areas of three -foot -tall marsh grass along the waterfront where the public could
not walk, lay a picnic blanket, or play. The pollution in the bay comes from the Little
River, not the Morningside Park shoreline. People who live in any neighborhood
should be able to enjoy beautiful, wide-open bay views. So few places are left in Miami
for that, but there are already 17 nature preserves along the bay, 17. We should
preserve the bayfront recreation for the public. Commissioners, Morningside's baywalk
should have the seawall at the bay like the other baywalks. Like you recently did at
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Pallot Park, could you please make a motion to place the proposed seawall in
Morningside Park along the shoreline, not inland. Thank you very much.
Chair King: Thank you. Sir?
Mikhail Gurevich: My name is Mikhail Gurevich. I'm a small developer --
Mr. Hannon: Chair, my apologies. Sir, can you pull the microphone up?
Mr. Gurevich: My name is Mikhail Gurevich. I'm a small developer in the urban core
of Miami and I'm here to speak on PZ.5. As of today, we've built a three-story, 12-unit
building in Little Havana thanks to the ability to forego parking. Otherwise, this
project would have never come to see the light of day. And we've been able to house
over hundreds in the last two years of young professionals who want to live and work
in the urban core. And this project would have, again, never been possible. And all
around, our project is in Little Havana, all around we see vacant sites that attract
crime, dumping, homelessness. And so I urge the Commission to vote no on PZ.5 and
allow Miami to grow and prosper the way it should. Thank you.
Chair King: Thank you. Are you corning to speak? Did you speak already?
Gianna Hutton: Yes, please.
Chair King: Did you speak already?
Ms. Hutton: I did not.
Chair King: Please.
Ms. Hutton: Thank you. Hi, my name is Gianna Hutton and -- do I have to say my
address?
Chair King: You don't have to if you don't want to.
Ms. Hutton: Okay thank you. And I'm speaking supporting the CRC (Climate
Resilience Committee) youth position. I am from Miami. I was born here. I love it here.
We are surrounded by the environment. It's what makes Miami, Miami. It's known for
its beaches. It's known for its beauty. This issue is very, very important to me. I woke
up at 8:00 a.m. today to come here on spring break to discuss this issue with you today.
And I really want to stress the importance of having youth voting positions in the
Climate Resilience Committee. Miami -Dade is already in the process of creating a
Youth Climate Council. You are not alone in adding this position. And Mayor Suarez
has promised us the creation of a Youth Council for quite some time. And we need him
to own up to these promises, please. It's going to keep the hope there for the youth. This
issue, like I said, is a grave matter of importance to here I -- to me. I want to live here
in the future. I want to have a future here. And creating this position can make us a
green leader with bold climate policies again. It's time. We have no time on our hands
to be waiting to act on climate. This is such an important issue and it has such dire
importance, especially to youth. You need this perspective in your policy creation, and
we really need the hope. I'm telling you, please. The youth is constantly educated in
climate science and can really provide you with the extra hands and perspective
needed to create strong policy. And we just really need the hope. I cannot stress that
enough. And we have the education, I promise you. We have an unprecedented
perspective on our future and our home and we are educated and I yield the rest of my
time. Thank you so much.
Chair King: Thank you.
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Nicole Gazo: So, hello --
Chair King: Good morning.
Ms. Gazo: Good morning. How are you all? Thank you for letting us come up here. My
name is Nicole Gazo. And pretty much, I just want to let you guys know that the only
reason why we want these positions is so that we can prioritize the Climate Resilience
Committee. Having youth on the committee will add passion, focus, actual interest in
wanting to saving -- wanting to save Miami and implement bold policies. Because at
the end of the day, it's our future. We learn about this every day. I've told you this
before. I'm not going to waste your time repeating myself. But we want to add youth
positions because it adds real voice, real perspective, and again, passion to the
committee. That way, our budget won't get slashed. One of the officers won't get
removed. That way well continue having our budgets, you know, maybe even raised
and officers added to it because climate, again, we're ground zero for climate change.
Miami is threatened by sea level rise, hurricanes, floods. We need to prioritize the
Climate Resilience Committee for the future of all of us. So that's really why we want to
add these positions. Thank you so much again for letting us come up here and even
adding this on the agenda and for hearing us. You're always so appreciated. So thank
you.
Chair King: Thank you. Good morning.
Ryan Bermudez: Good morning. Thank you for letting us come in here and allow our
voices to be heard. I'm Ryan Bermudez and I do want to add these youth positions to
the council. Truthfully, because we are the future of the city of Miami. I sit here and I
see the people that showed up today to speak and present their points and these are the
people that are going to be leading us in the future. And this council and these voting
positions just gives an opportunity to the youth to get into these positions to see what it
takes to lead this city to greatness in the future. We're on the cutting edge with
legislation in our frnances, and truthfully, Miami is the city of the future. We should be
doing whatever it takes to put our youth in positions to learn about how to lead and the
things that we can do to make the world a better place, and truthfully, we can start with
the environment. It's something that pertains to all of us and we all share. So giving us
the opportunity to have our voices heard, have voting opportunities, and bring tangible
change to the environment is something that we shouldn't shy away from and be afraid
of. And Ion very grateful that you guys give us this opportunity and are willing to hear
our voices today. So thank you very much.
Chair King: Thank you. At this time, I will be closing the public comment.
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AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
MV - MAYORAL VETO(ES)
NO MAYORAL VETOES
There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor.
Chair King: Mr. City Clerk, do you have any mayoral vetoes to advise of?
Mr. Hannon: Chair, there are no mayoral vetoes.
Chair King: Okay.
END OF MAYORAL VETO(ES)
City of Miami
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Meeting Minutes March 24, 2022
CA.1
11588
City Manager's
Office
CA - CONSENT AGENDA
The following item(s) was Adopted on the Consent Agenda
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: King, Carollo, Russell, Diaz de la Portilla
ABSENT: Reyes
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), EXTENDING THE PILOT PROGRAM
ESTABLISHED PURSUANT TO SECTION 31-51 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "FOOD
TRUCKS OPERATING ON PRIVATE LAND," FOR THE FINAL
YEAR TO ALLOW FOR APPLICATION -BASED MEAL
PRODUCTION SITES TO OCCUR IN PARKING LOTS OR ON
PRIVATE LANDS.
ENACTMENT NUMBER: R-22-0118
This matter was ADOPTED on the Consent Agenda.
Chair King: Gentlemen, at this time, do I have a motion to pass the CA (Consent Agenda)
Items?
Commissioner Russell: So moved.
Chair King: Commissioner Carollo?
Vice Chair Carollo: (INAUDIBLE)
Chair King: Yes. Do I have a second?
Commissioner Russell: Yes.
Chair King: You can't do one and two.
Commissioner Russell: I'm sorry?
Chair King: You did the motion.
Commissioner Russell: Oh I'll second. I heard Commissioner Carollo, that's fine I'll
second.
Chair King: Oh, Commissioner Carollo, you're a motion for it.
Vice Chair Carollo: Yes, I have a motion. It says CA.1 through CA.4.
Chair King: Right. Okay, I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
Chair King: Good morning. The Consent Agenda Items have been passed.
City of Miami
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Meeting Minutes March 24, 2022
CA.2 RESOLUTION
11420
Department of Real
Estate and Asset
Management
CA.3
11610
Department of
Police
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
A GRANT AWARDED TO THE CITY OF MIAMI ("CITY") IN THE
NOT TO EXCEED AMOUNT OF ONE HUNDRED ELEVEN
THOUSAND, FOUR HUNDRED FIFTY-EIGHT DOLLARS AND
SEVEN CENTS ($111,458.07) ("GRANT FUNDS") FROM THE
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION ("GRANTOR") AND APPROPRIATING A REQUIRED
CITY FUND MATCH IN THE NOT TO EXCEED AMOUNT OF
THIRTY SEVEN THOUSAND, ONE HUNDRED FIFTY-TWO
DOLLARS AND SIXTY-NINE CENTS ($37,152.69) ("CITY MATCH")
FOR THE PURCHASE OF A PUMP OUT VESSEL ("PROJECT");
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AN AGREEMENT WITH THE GRANTOR AND ANY AND
ALL OTHER NECESSARY DOCUMENTS, APPLICATIONS,
RENEWALS, EXTENSIONS, AND MODIFICATIONS, ALL IN
FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE
PROJECT AND ACCEPTANCE OF THE GRANT FUNDS, AND TO
CREATE THE NECESSARY ACCOUNTING STRUCTURE TO
PROVIDE FOR THE GRANT FUNDS IN ACCORDANCE WITH
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.
ENACTMENT NUMBER: R-22-0119
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item Number CA.2, please see Item
Number CA.1.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE
PROJECT TITLED "FY 21-22 FLORIDA INCIDENT -BASED
REPORTING SYSTEM ("FIBRS") IMPLEMENTATION ASSISTANCE
PROGRAM: SUPPORT FOR LOCAL LAW ENFORCEMENT
AGENCIES" CONSISTING OF A GRANT AWARD FROM THE
FLORIDA DEPARTMENT OF LAW ENFORCEMENT ("FDLE"), IN
THE AMOUNT OF $213,084.00, WITH NO MATCHING FUNDS
REQUIRED, TO ASSIST THE MIAMI POLICE DEPARTMENT
FINANCIALLY IN TRANSITIONING TO THE TECHNOLOGICAL
REQUIREMENTS OF THE FIBRS PROJECT; AUTHORIZING THE
CITY MANAGER TO EXECUTE A GRANT AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, TO ACCEPT THE
GRANT AWARD; FURTHER AUTHORIZING THE CITY MANAGER
TO DESIGNATE THE CHIEF OF POLICE OR HIS DESIGNEE TO
EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO
IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF
SAID GRANT AWARD.
ENACTMENT NUMBER: R-22-0120
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item Number CA.3, please see Item
Number CA.1.
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Meeting Minutes March 24, 2022
CA.4
11663
City Manager's
Office
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A PUBLIC BENEFITS AGREEMENT("AGREEMENT")
BETWEEN THE CITY OF MIAMI AND BLOCK 55 RESIDENTIAL,
LP, A FLORIDA LIMITED PARTNERSHIP, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO THE
CONDITION THAT THE AGREEMENT COMPLIES WITH ALL
FEDERAL, STATE, AND LOCAL LAWS, RULES, AND
REGULATIONS, INCLUDING BUT NOT LIMITED TO THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED (COLLECTIVELY, "CODE"),
AND IN THE EVENT THAT THE AGREEMENT DOES NOT
COMPLY WITH THE CODE, THE CITY MANAGER, IN HIS SOLE
AND ABSOLUTE DISCRETION, IS AUTHORIZED TO PROPOSE A
TEXTUAL AMENDMENT TO THE CODE AT A FUTURE CITY
COMMISSION MEETING, SUBJECT TO ALL LEGAL
REQUIREMENTS, THAT WOULD ALLOW THE AGREEMENT TO
ACCOMPLISH ITS PURPOSE; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL
OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS,
EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.
ENACTMENT NUMBER: R-22-0121
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item Number CA.4, please see Item
Number CA.1.
END OF CONSENT AGENDA
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Meeting Minutes March 24, 2022
PH - PUBLIC HEARING ITEM
PH.1 RESOLUTION
11590
Department of
Parks and
Recreation
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AFTER
AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED
AND INCORPORATED AS EXHIBIT "A," WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING
PROCEDURES AS NOT PRACTICABLE OR ADVANTAGEOUS TO
THE CITY OF MIAMI ("CITY") FOR THE PROVISION OF KAYAK
AND PADDLEBOARD KIOSK RENTAL SERVICES AT CITY OF
MIAMI WATERFRONT PARKS WITH PADL LLC ("PADL");
ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED
"PARKS KAYAK AND PADDLEBOARD KIOSK RENTAL PROGRAM
2022-2023"; AUTHORIZING THE CITY MANAGER TO ACCEPT
AND APPROPRIATE REVENUE GENERATED FROM THE PARKS
PILOT KAYAK KIOSK PROGRAM; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A REVOCABLE
LICENSE AGREEMENT BETWEEN THE CITY AND PADL, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS,
RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, SUBJECT TO FUTURE ALLOCATIONS,
APPROPRIATIONS, AND BUDGETARY APPROVALS MADE IN
COMPLIANCE WITH ALL APPLICABLE LAWS AND PROVISIONS
OF THE CITY CODE; PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: R-22-0122
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Ken Russell, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Russell, Reyes
NAYS: Diaz de la Portilla
Chair King: Alright we are now on -- hold on one second. We can now address our
PH (Public Hearing) Item, PH.1. Do I have a motion to pass PH.1?
Commissioner Russell: So moved.
Commissioner Diaz de la Portilla: I'll second it.
Commissioner Reyes: Second.
Chair King: Any discussion?
Commissioner Russell: Madam Chair?
Chair King: Yes?
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Commissioner Russell: I would just like to see that the additional funds that are
generated add to shoreline cleaning and not supplement existing shoreline cleaning.
We already have a budget, we have a shoreline cleaning agency, but where the very
shoreline we were at together this past week for that park ribbon cutting, we can see
there's still a lot more work to be done. So if this is additional money, I'd like to see it
end up being additional. It doesn't need an amendment, it's just a direction for the
Manager.
Chair King: And I have a question for staff. I'd asked the question during my briefing
and 1 haven't gotten the answers yet. With respect to Legion Park.
Barbara Hernandez: Good morning, Madam Chair. Barbie Hernandez, Parks and
Recreation Director.
Chair King: I understand that there's a FIND (Florida Inland Navigation District)
grant to supplement the funding to renovate the motor craft --
Ms. Hernandez: The boat ramp?
Chair King: The boat ramp.
Ms. Hernandez: That's fine.
Chair King: And I would like to not have it be a motorized boat ramp. I'd like it to be
a non -motorized boat ramp, and I understand the FIND grant requires that it is a
motorized boat ramp, and I'd ask staff to let me know how much that grant is and if
we could find other resources, because having motorized vehicles, aquatic vehicles, is
not conducive for the neighborhood, and I haven't gotten that answer yet.
Ms. Hernandez: So, the grant was about $750,000. It's a reimbursement grant. So
once we complete the project, then FIND would give us the grant, but it's fully funded
right now.
Chair King: Okay, well, I do not want to utilize that grant because I'd like the boat
ramp to be a non -motorized boat ramp at my Legion Park. And other than that, I think
Commissioner Russell: Madam Chair, comment on your comment. We've established
several FIND grants at several waterfront parks that have given significant monies,
including non -motorized access. They built a dock most recently at the Jimbo site for
non -motorized only. So they can -- they can do it if they want to.
Chair King: Okay, and Commissioner Russell is bringing attention to the issue that I
have with staff No one at -- from this moment has said there is an option, there has
been a grant to do exactly what I'm asking for. I was told that if I don't use this grant,
we're going to lose the money and, and, and. And this is the kind of stuff Mr.
Manager, Mr. Manager, that I have been bringing to your attention. There is an
alternative. Commissioner Russell just advised me that there is an alternative, but no
one from your staff has given me or my constituents that alternative.
Mr. Noriega: So agreed there is, but when we specifically apply for certain grants,
there's provisions within those grants. With those particular grants that
Commissioner Russell is referencing were specifically with a non -motorized use. In
this particular case, it is part -- it was part of the grant application. So when we went
back to them and said, hey, look, can we remove this criteria, they said no.
Chair King: Okay. But --
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Mr. Noriega: So that was what we got.
Chair King: -- when you're applying for grants --
Mr. Noriega: Yes. They said no.
Chair King: -- you have to take into consideration the needs of the community. It
should not have been applied for as a motorized boat ramp when it's clearly not what
my community wants. And then no one, but then no one said, well we have done this.
Can you apply again for non -motorized boat ramp? I feel as if I'm always being
forced to take what staff says as gospel.
Mr. Noriega: Remember, these grant applications, they predate your tenure as a
commissioner.
Chair King: I understand that --
Mr. Noriega: So -- so whatever opposition --
Chair King: Hold on, hold on, don't argue with me. I understand that they predate my
tenure as commissioner, but since I've gotten here, I have been an advocate for what -
- not what I want, but what my community wants. And no one from the staff has said
that this has been done here or this can be done. I have been just forced almost as if
to say, if you don't take it, you're going to lose it and we won't be able to get the
renovation for the boat ramp. That's how I feel. I don't like that approach that I have
been given since I became commissioner. And I just want to make it clear that for
Legion Park, we want a non -motorized boat ramp. Please get the funding or fund it
through general funds. I don't know, I don't care, but that's what we want for our
community. Commissioner Russell.
Commissioner Russell: Thank you, Madam Chair. I would co-sponsor a resolution
with you because this is not -- this problem predates you. We have an amazing FIND
Commissioner who has so much money to bring to this city, yet we as commissioners
are not at the table when these original grants are applied for. We've had to cancel so
many, of those grants because they've gotten down the road by the time they get to us,
and we say, whoa, this isn't what this area needs. Why was it applied for this way?
But it's not the FIND Commissioner's fault. He's ready and willing to write checks
every year, and we shouldn't lose that money. So the resolution would basically be to
require that before FIND grants are applied for, that they are brought to the
Commissioner of the District's Office for review. And I think that would solve the
problem. Same thing with RFPs (Request for Proposals). We see the RFP down at the
end of the road and it may not be what we as a body want. And then we just are up or
down and we end up killing it.
Chair King: I agree with that.
Commissioner Reyes: That is a good idea.
Commissioner Diaz de la Portilla: That's a lifelong problem here.
Vice Chair Carollo: That sounds --
Commissioner Reyes: That sounds very reasonable.
Vice Chair Carollo: Reasonable, sounds beautiful.
Commissioner Reyes: Yes, yes that's a good idea.
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Vice Chair Carollo: And then, if you don't have anybody assigned to each resolution,
everybody forgets, and we're back, you know, to the same problem that we have here
today. Homeless, how many ordinance resolutions have we passed? 1 don't want to,
you know, get into it now, but have you seen any changes in your district,
Commissioner? I haven't seen any in mine, I haven't seen any in Downtown Miami.
On the contrary, Pm seeing more people.
Chair King: I'm working on it. I'm working on it.
Vice Chair Carollo: Well, 1 know you're working on it, but the problem is all of us are
limited by charter in what we can do. So, you know, it's like a commissioner that we
used to have here, he used to say, you know, everybody wants to go to heaven but
nobody wants to die. And you know this whole thing with the homeless situation is
getting really, really ugly by the day. And we get blamed, and our hands are tied. I
have brought every ordinance, every resolution that I can, and this commission has
passed it. And we still have the same thing out there. And you know what it comes
back to, Commissioner? And the issue you brought up, the one I'm bringing up, and
every other one here. There's no accountability in this city. No one is afraid of being
fired. No one is accountable. How you resolve a problem employee, is you bring them
into another department, another area of the city, and you give them a raise, maybe.
And, you know, I would be happy to, you know, vote with you on that resolution, but
I'm just saying to you, don't think that by us passing resolutions here that that's going
to be the end of it. You might be back in the same situation in a short time.
[Later...]
Chair King: Now we need to go back to PH.1.
Vice Chair Carollo: Yeah. I have a question on this one, different than yours.
Chair King: Go ahead. Vice Chair.
Vice Chair Carollo: Who is this company that we're entering into a contract with?
PADL LLC.
Ms. Hernandez: Good morning, again, Commissioner.
Vice Chair Carollo: Good morning.
Ms. Hernandez: PADL is a company -- it's a company that they came to the city about
a year ago, requesting to see if they can provide this service out on the water.
Between Parks and Procurement, we did some research. They're a company that's
done it now. They have an agreement with Key Biscayne, the County, Boca Raton,
and a few other cities in -- obviously on the shoreline. They provide a self-service
where they can rent the paddles. People can rent them through an app, they put them
on the water. We have an 80-20 percent. So 20 percent revenue comes to the City.
And they will maintain them, self -serve them. They provide the customer service, and
things of that nature. My request --
Vice Chair Carollo: So, did we put this out to a bid or are we piggyback?
Ms. Hernandez: No, this is a bid waiver to do a pilot program to see if people actually
like this, how it's enjoyed, what kind of revenue we get back from it. We will re-
evaluate it in a year, whether we go out to bid at that time or we give it another year
to see where we're at with it.
Vice Chair Carollo: Are they a local Miami -Dade County?
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Ms. Hernandez: From what 1 understand, they are local. I do believe that Andres
Avello is here. He is a principal of the firm.
Andres Avello: How are you? Thank you so much, and myself and also my partners in
this venture, we were all born and raised in Miami. We've lived here our entire lives.
Vice Chair Carollo: Where? What part of Miami?
Andres Avello: Me, in Key Biscayne; my partner, in Coconut Grove, which I actually
believe that you may have spoken with my partner about this a few years back. We've
been working with Key Biscayne --
Commissioner Diaz de la Portilla: Well, who's your partner?
Vice Chair Carollo: I remember he called Bayfront Park.
Mr. Avello: Yes.
Vice Chair Carollo: He's from Doral.
Mr. Avello: He is.
Vice Chair Carollo: Or was, I think.
Mr. Avello: Yeah, his wife is from Doral. He's actually living in Coconut Grove now.
Vice Chair Carollo: Okay, all right.
Commissioner Reyes: Madam Chair.
Chair King: Yes, Commissioner Reyes.
Commissioner Reyes: Yes, I met with the company that's, well, representatives, not
company, and I have a couple of concerns. My first concern is safety. Where are they
going to -- and that is for you, where are they going to be operating? Because I have
seen and I think, I know that all of us have watched how, I mean, the problem that we
are having with the jet skis and, I mean, just going around crazy and going wherever
they want. And I know that actually there are some people that they are renting, but
not the paddle boats, you know, the one that is sails, have sails and I've seen it. But I
want to make sure that they are safe, that wherever they're going to go, they are, I
mean, whoever rent it, there is a degree of safety. And another concern that I have is
liability. Madam City Attorney, in the contract, are they going to have an insurance
and are going to hold us harmless?
Vice Chair Carollo: They have to no matter who --
Ms. Hernandez.: They have to. Yes, absolutely. We will not get into an agreement
where they don't have -- they're self insured.
Commissioner Reyes: I just want to make sure. Okay.
Ms. Hernandez: Commissioner Reyes to answer your question --
Vice Chair Carollo: And --
Ms. Hernandez: I'm sorry. To answer your question, they are equipped with life vests
on the actual unit. They also have GPSs, if I'm not mistaken, Andres, on each paddle
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board as well. So those safety features come with the paddle board. And as far as
insurance, we will make sure that they follow the same requirements that we require
for all other vendors.
Commissioner Reyes: Okay. That's all my questions.
Commissioner Diaz de la Portilla: Madam Chair.
Chair King: Commissioner DLP (Diaz de la Portilla).
Commissioner Diaz de la Portilla: Thank you, Madam Chair. 1 share the same
concerns that Commissioner Russell has expressed and Commissioner Carollo and
Reyes, but I also have a concern about the bid waiver process. I don't know too much
about this company, about your company, I'm sorry. You've been around for a year.
But I kind of want to know from the administration, how do you come about what's a
bid waiver, what's not a bid waiver, what are your RFP, and how did this company
come to the mix without having any -- you don't have a lot of experience doing this, do
you?
Mr. Avello: No, sorry. So we've been operational for over four years.
Commissioner Diaz de la Portilla: Four years.
Mr. Avello: Correct. And we've been in the sport our entire lives.
Commissioner Diaz de la Portilla: Yeah, but you've been a company for 'bur years.
Mr. Avello: Correct.
Commissioner Diaz de la Portilla: So how do they get the sort of a free ride and not
have to go through a competitive process? I always have a concern about when you
walk away from a competitive process in government. Not that it's anything bad with
your company. You could be the best company, but you should compete for it, right? It
shouldn't be given to you through a bid waiver.
Mr. Avello: No, and I think I can help answer that a little bit. So a lot of it is done
through our patent systems. I mean, we have patented technology on the hardware,
the locking system, the equipment alone as well. We also are the only ones providing
GPS tracking for safety tracking on all of our equipment for every single ride that we
have.
Commissioner Diaz de la Portilla: Talk to me about the first one you said.
Mr. Avello: So we have GPS tracking on all of our equipment.
Commissioner Diaz de la Portilla: No, that's the second one. The first one you have a
patent on what?
Mr. Avello: So we have patents on dual locking systems for locking a watercraft with
a paddle. So we're the only ones who are -- have been granted a patent for that.
Commissioner Diaz de la Portilla: You've been granted it. You haven't applied for it.
Mr. Avello: No, we've applied and been granted it. It's already approved.
Commissioner Diaz de la Portilla: You've been granted it. Okay. And .four years of
experience in the business?
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Mr. Avello: We've been operational for four years. We are longest public contract,
which is relevant to what we're doing here, would be with the village of Key Biscayne
since 2019.
Commissioner Diaz de la Portilla: So you've done, I'm sorry, Madam Chair, so you've
done Key Biscayne for three years?
Mr. Avello: Three years and then we have --
Commissioner Diaz de la Portilla: Was that your first government contract?
Mr. Avello: Government, yes.
Commissioner Diaz de la Portilla: Okay.
Mr. Avello: And then with other cities, we have contracts with counties ranging from
Palm Beach County, Clay County, Pinellas County, we're operational within sub -
municipalities within those counties. We have 22 different contracts throughout the
State currently.
Commissioner Diaz de la Portilla: 22 contracts, okay. And is that why you picked
them, Mr. Manager?
Mr. Noriega: No, so this was intended to be a pilot. Obviously, this technology is
relatively new, although they've been operating out of Key Biscayne. So this is really a
trial run. That was why it requires a four -fifths. It obviously has a limited timeline to
it; the purpose is to evaluate it and then determine whether or not we want to then
RFP it to continue that type of activation there or expand it to other parts of the
system.
Commissioner Diaz de la Portilla: But it's still three quarters of a million dollar
contract without any competitive bidding.
Mr. Noriega: It's a pilot, yeah.
Commissioner Diaz de la Portilla: Well, but you can still do competitive bidding and
the bidding process you can identify as the only company that can do it, right? My
concern, Manager, that I've seen a number of these and Madam Chair, you will know,
you will see this as you spend more time here. The administration comes up, and not
your administration, I've heard the previous administration do the same thing. You
know, you come up and you all of a sudden, well a bid waiver for this. I like the
competitive process in government. I think we get a better deal. As a matter of
principle, as a matter of philosophy, I like for things to go to the competitive process,
to an RFP process. I understand we have emergencies and things of that nature.
We're going to have another issue later on today with debris cleanup that we can
discuss the same competitive process issue. But I like things to be that way and I don't
like the administration coming to us and saying, hey, four fifths and you, they don't
have to compete with other companies that may provide a better service and a better
deal for the City of Miami. That's nay concern. So Pm not sure, nothing against your
company.
Mr. Avello: No, I know.
Commissioner Diaz de la Portilla: You're probably good guys. You have 22 contracts.
That means you're doing something right. But I don't know you. I don't know your
history, and I prefer a competitive process through experts that can tell us, hey, this is
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the best deal for Miami. I'm always trying to look for the better deal for Miami. 80-20,
I'm not sure, is a better deal for Miami, just off the top of my head, but maybe it is. We
don't know unless if they compete.
Mr. Avello: If I can provide a little bit of just information, to the best of my
knowledge, we are providing the best returns back to the city in terms of a revenue
share perspective.
Commissioner Diaz de la Portilla: Okay.
Mr. Avello: So we do that intentionally to be a part of it.
Commissioner Diaz de la Portilla: I would not expect you to say anything else. I mean
come on.
Commissioner Reyes: Madam Chair.
Commissioner Diaz de la Portilla: So I'm going to vote against it today, not because
of your company. You could very well come back to us next commission meeting. You
and I could sit down and talk and maybe I vote for it. I don't like the general
principle, general idea of corning here constantly because it has happened many
times.
Ms. Hernandez: Commissioner --
Commissioner Diaz de la Portilla: You couldn't give me a good reason. He gave me a
good one, the patent makes sense. I want to take a look at that, if you don't mind. But
you didn't give me a good reason why you pick companies like this for a -- even as a
pilot program or not. Where does that company come from and why all of a sudden do
some companies get that and others don't?
Ms. Hernandez: Can I speak?
Commissioner Diaz de la Portilla: Okay. That's my concern. I'm just going to vote
against it.
Ms. Hernandez: No, absolutely, Commissioner and as --
Chair King: Hold on --
Ms. Hernandez: Can I speak?
Chair King: Hold on one second. You haven't been recognized. I know Commissioner
Manolo Reyes has a question. Commissioner Russell, so I'm going in order number.
Commissioner Russell?
Commissioner Russell: 1'll defer to Commissioner Reyes. 171 defer to Commissioner
Reyes.
Chair King: Commissioner Reyes.
Commissioner Reyes: That's because of age, right?
Commissioner Russell: No, just because you were first.
Commissioner Reyes: Oh, okay. No, I've said it before somebody else has. Okay.
Commissioner Diaz de la Portilla I agree with you 100 percent. Since day one every
single deal that we have clone, I've been asking for competitive bidding. And this
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forfeit is just a subterfuge to do away with public bidding, I mean competitive bidding.
And it's a subterfuge to grant anybody that we want or anybody that has the favor of a
commissioner or some commissioners and the mayor, grant them either land or grant
them a contract. I think that we have to be more strict. We have to be more strict on
bypass the competitive bidding process. I agree with you, and I really will hope that
we become more strict, because pretty soon we're going to be voting on something
that also bypass competitive bidding. And I have stated all along that the best -- the
best deal for our city, it is when we have competition. And when we start, when we
start, we get a proposal for bidding, we set the rules, we set the conditions, we set
what we want to obtain. But by having anybody come in and bypass the bidding
process, they set the rules. They set whatever they want, you see. And that is
happening. And I agree with you 100 percent. And 1 hope that we become a little
strict, I mean, more strict on bypassing competitive bidding you see.
Commissioner Russell: Madam Chair.
Chair King: Commissioner Russell.
Commissioner Russell: Thank you. Competition is one of the tenets of capitalism, and
it's very, very important. It best serves our constituents, our residents as a whole,
when there's competition to keep prices down. I went to a town that had a scooter
program where they just hand-picked one scooter company. A five-minute ride was
$16 on a scooter. I could have taken a limousine. Whereas ours was pretty open and
there was competition that kept prices down.
Commissioner Diaz de la Portilla: More expensive than a limousine.
Commissioner Russell: Yeah. I'm in favor of this item and 111 tell you why. Most of
you know that I was in the yo-yo industry before, but some of you may not know I was
in the water sports industry for 10 years. I was one of the first stand-up paddleboard
distributors nationwide here in the country. And I got out of that business as I came
into politics, but I've never seen anything like what they offer, and I almost kind of
wish I'd thought of it. So when we do our diligence on this, I do hope to find that they
are the only one who does provide this, because when we do a four -fifths, it should be
because they are the only game in town, or because that slot A fits tab B only, like the
software and the hardware of a company, you have to four -fifths it. Otherwise, there
should be competition. If there is uncertainty on this board, I would recommend a
deferral, and so that we can do our research to see whether a four -fifths is warranted.
The Administration should have done that diligence to say, I don't know of any other
company, we've done the research --
Commissioner Reyes: Is that a motion? Is that a motion?
Commissioner Russell: I think that's the right decision.
Ms. Hernandez: If I can answer the question.
Commissioner Russell: Is there timeliness there? Oh, you already have the answer?
Ms. Hernandez: Yes, I have procurement here. We did the research a year ago and
when we did -- when they started the research a year ago when PADL reached out to
the city, they found that there are companies that rent out paddles and kayaks but not
self -serve the way they do it. So the competitive, as I agree with you in doing RFP
process because I believe in competitive bidding process. Because there's such a
minimal or none right now, maybe there's somebody in the last few months that have
gotten it, right? Maybe another one. But so what the idea of this is to try it for a year
to even see if people even use it. Because then you put this out and then you go
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through all this trouble of putting the RFP out, working on it, nobody, one person bids
or no one bids and then you lose that service. So one of the goals here is to provide
access to water at an affordable price, that people don't need to buy the equipment to
go out there. It's the only reason I'm standing up here, because from a recreation
perspective, people want to enjoy the water. They do it in a safe way. They have the
insurance. They have all the backup. It's the only reason we're standing up here, to
see if we try it for one year and find they have the data that shows how many people
use it, where they're using it at, maybe there's a location that we're not looking at,
that people are stopping at, that maybe we need to put another one, and then we can
go out to the RFP process in a year so that we have that data information and we put
the proper request for a proposal out. That's nay recommendation and those are the
responses.
Unidentified Speaker: IfI could comment on --
Commissioner Diaz de la Portilla: I want to second Commissioner Russell's motion
that we defer the item.
Commissioner Russell: Yeah, two weeks is fine, I think.
Commissioner Diaz de la Portilla: Yeah. Two weeks works.
Chair King: Go ahead, Vice Chair.
Vice Chair Carollo: Thank you. What is the total value of this contract? It's an
estimate, a yearly estimate.
Ms. Hernandez: What's the proposal -- I think it was $8, 000 monthly for the city?
Mr. Avello: So about $8, 000 per location that is open.
Ms. Hernandez: Per -- per station, right?
Vice Chair Carollo: Okay, but is this what you're going to earn in revenue overall, or
is this what you're paying the city?
Mr. Avello: This would be what the payment is back to the city.
Vice Chair Carollo: Okay.
Mr. Avello: Of course, as part of our core business, the major benefit is through
cleanups and being able to clean the shoreline, and that's the major initiative for us.
Vice Chair Carollo: Okay, so you're offering the city $8,000 a month for this pilot
program. That's $96,000 a year. What is your estimate of your overall amount, your
gross amount, that you're going to make?
Mr. Avello: So our overall estimate would be 2,000 -- sorry 40,000 per station, so for
about 10,000 per board that we put out into the market, of which we provide a 20
percent revenue share back to the city.
Vice Chair Carollo: Okay. All right, well, I have no problem, whatever the will of the
Commission is. This is a small contract, it's a pilot contract, it's not for long. So if the
Commission wants to defer it, we'll defer it.
Commissioner Russell: I'm comfortable with it today, I was only deferring because I
was feeling the atmosphere of the board -- uncertainty on the four -fifths for the pilot.
But I'm ready to go on it today.
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Vice Chair Carollo: I could vote for it. 1 mean this is small. It's not a major contract
and it's only for a year. So I have no problem letting this one go through, but it's up to
the board (UNINTELLIGIBLE) --
Commissioner Russell: I'll withdraw my motion for deferral.
Chair King: I have no problem going forward with it. I just want to be clear. Let me
have some understanding about what's going to happen in Legion Park for the non -
motorized boat ramp. When will that be up and running? Because this program is to
be in that park.
Ms. Hernandez: To give you an update, I got an update this morning from OCI (Office
of Capital Improvement) on the Legion Park. They're at a pause right now because
there's delay in construction material, but they're looking at finishing the ramp in
September of 2022. But we heard you loud and clear that you do not want motorized
boats in that ramp, so we got the directive on that.
Chair King: I'm ready to move forward on this.
Commissioner Russell: I withdrew my motion.
Chair King: So there's a motion and a second. All in favor?
Mr. Hannon: Sorrv. The mover is Commissioner Russell.
Vice Chair Carollo: I'll second it.
Chair King: All in favor?
Commissioner Russell: Ave.
Vice Chair Carollo: Aye.
Chair King: Aye.
Commissioner Diaz de la Portilla: No.
Chair King: All against?
Commissioner Diaz de la Portilla: No.
Chair King: Four in favor, one against.
Ms. Hernandez: Thank you.
Chair King: Thank you.
Mr. Avello: Thank you.
END OF PUBLIC HEARING ITEM
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RE.1
11589
City Manager's
Office
RE - RESOLUTIONS
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING THE PROPOSAL RECEIVED JULY
29, 2021 PURSUANT TO REQUEST FOR PROPOSALS NO.
1364386 FROM BECKER & POLIAKOFF, P.A., A FLORIDA PROFIT
CORPORATION, FOR THE PROVISION OF FEDERAL LOBBYING
SERVICES FOR THE OFFICE OF THE CITY MANAGER FOR AN
INITIAL PERIOD OF ONE (1) YEAR WITH AN OPTION TO RENEW
FOR ONE (1) ADDITIONAL ONE (1) YEAR PERIOD;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NEGOTIATED PROFESSIONAL SERVICES AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM; 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 OF MIAMI'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-22-0123
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes
Chair King: Okay, let's take on RE.1. Commissioner Alex Diaz de la Portilla, you've
pulled that?
Commissioner Diaz de la Portilla: Yes, ma'am. Thank you, Madam Chair. This is for
the City Manager. He's proposing it. Can you clarify, Mr. Manager? Mr. Manager?
Can you clarify? We passed a resolution, right, to have a federal lobbying agency,
right, company, about eight months ago. Something like that, right? And now we're
changing it. It went from Spalding and Knight, now to Becker and Polikoff.
Ms. Mendez: We didn't pass that one.
Commissioner Diaz de la Portilla: We passed --
Chair King: No, we didn't.
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Commissioner Diaz de la Portilla: -- I think -- I believe Commissioner Watson
sponsored an item --
Commissioner Reyes.. Yes he did.
Commissioner Diaz de la Portilla: -- sponsored an item to give a federal contract, our
federal contract, to Spalding and Knight.
Mr. Noriega: Yeah, so we passed it.
Commissioner Diaz de la Portilla: Did that happen or not?
Mr. Noriega: We passed it as an emergency to actually engage somebody on an
interim basis, knowing that we needed to RFP (Request for Proposal) and do a
solicitation --
Commissioner Diaz de la Portilla: That's (UNINTELLIGIBLE) --
Mr. Noriega: -- to onboard a permanent lobbying team.
Commissioner Diaz de la Portilla: So they RFP'd and Becker and Polikoff on board -
Mr. Noriega: Well they called --
Commissioner Diaz de la Portilla: That's what I wanted to know. That's it.
Mr. Noriega: (UNINTELLIGIBLE).
Commissioner Diaz de la Portilla: So, Spalding and Knight is no longer with us.
Mr. Noriega: They won't be once we transition.
Commissioner Diaz de la Portilla: I mean they're with us, but no longer with the City
of Miami. Okay,
Chair King: Okay, so Vice Chair?
Vice Chair Carollo: Who are going to be the principals from this firm that are going
to be leading the representation in the city of Washington?
Commissioner Reyes: Was it a company? That's what he said?
Commissioner Diaz de la Portilla: The principals.
Vice Chair Carollo: Who's going to be lead from them.
Commissioner Reyes: That's right from the -- that's right.
Vice Chair Corolla: Which are the principals?
Commissioner Reyes: Who's going to be the lead?
Vice Chair Carollo: Yeah.
Donny Wolfe, III (Senior Advisor to the City Manager): Commissioner, the main
principal --
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Commissioner Reyes: The lead lobbyist in Washington.
Mr. Wolfe, III: Excuse me?
Commissioner Reyes: The lead lobbyist in Washington.
Mr. Wolfe, III: The lead lobbyist is Omar Blanco. That's who we've been in
communication with thus far.
Commissioner Reyes: Secondary?
Mr. Wolfe, Ill: I can get you that information, but the only one we've spoken to is
Omar Blanco.
Commissioner Diaz de la Fonda. Well, wait a minute. We need to know who's going
to be carrying our water in Washington.
Mr. Wolfe, III: That is --
Commissioner Diaz de la Portilla: It's only Omar Blanco?
Mr. Wolfe, III: Omar Blanco is the senior director there --
Commissioner Diaz de la Portilla: Okay.
Mr. Wolfe, III: -- in the DC office.
Commissioner Diaz de la Portilla: Do you know the other members of the DC office?
Mr. Wolfe, III: I can get you that information.
Commissioner Diaz de la Portilla: Okay.
Mr. Wolfe, III: Yeah.
Chair King: Is there readiness on this Commission to pass RE.1 ?
Commissioner Diaz de la Portilla: Yes, ma'am. I'll move it.
Vice Chair Carollo: Second.
Commissioner Russell: Second.
Chair King: All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
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RE.2 RESOLUTION
11581
Department of
Procurement
RESOLUTION A RESOLUTION OF THE MIAMI CITY
COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5)
AFFIRMATIVE VOTE, APPROVING, AND CONFIRMING THE CITY
MANAGER'S EMERGENCY FINDING, CERTIFIED AS AGENCY
HEAD, ATTACHED AND INCORPORATED HERETO AS EXHIBIT
"A", THAT THE CITY OF MIAMI ("CITY") AFFORDABLE HOUSING
CRISIS IS A VALID PUBLIC EMERGENCY FOR CITY RESIDENTS
AND IT IS ADVANTAGEOUS AND PRACTICABLE FOR THE CITY
TO WAIVE COMPETITIVE BIDDING METHODS, PURSUANT TO
SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), AND THE
QUALIFICATIONS PROCESS, PURSUANT TO THE
CONSULTANTS' COMPETITIVE NEGOTIATIONS ACT ("CCNA")
SECTION 287.055 (3)(A)(1), FLORIDA STATUTES, TO ENGAGE
CURRENT CITY CONTRACTED ARCHITECTURE AND/OR
ENGINEERING DESIGN FIRMS IN AN EQUITABLE MANNER FOR
EACH AFFORDABLE HOUSING RELATED CAPITAL PROJECT;
AUTHORIZING THE CITY MANAGER TO CREATE A CITY LIST OF
EXPEDITED AFFORDABLE HOUSING RELATED CAPITAL
PROJECTS ("EXPEDITE LIST"), PURSUANT TO SECTION 18-117
OF THE CITY CODE, TITLED "ECONOMIC STIMULUS AWARDS
AND AGREEMENTS", WITH SAID EXPEDITE LIST TO BE
ACKNOWLEDGED AS "ATTACHMENT A-1"; FURTHER
AUTHORIZING THE CITY MANAGER TO ADD AFFORDABLE
HOUSING RELATED CAPITAL PROJECTS TO "ATTACHMENT A-
1" WITHOUT NEED FOR FURTHER CITY COMMISSION
APPROVAL; AND, FURTHER AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS,
INCLUDING ANY AGREEMENTS, 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-22-0124
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes
Note for the Record: For additional minutes referencing Item Number RE.2, please
see "Order of the Day."
Chair King: We are now on our resolutions. Are there any resolutions that Vice Chair
or Commissioner Alex Diaz de la Portilla would like to pull for discussion?
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Commissioner Diaz de la Portilla: RE.1, RE.3, and RE. 7, obviously. 1 don't know if
they've been pulled before or not. But I don't have it here in my notes.
Chair King: No.
Commissioner Diaz de la Portilla: Okay. And most of those are just some issues that 1
want to ask.
Chair King: Okay.
Commissioner Diaz de la Portilla: That's it, you don't have to --
Chair King: Okay, so do I have a motion to pass RE.5 and 6?
Commissioner Diaz de la Portilla: And 2 also, right?
Chair King: No, 2 is a four fifths --
Commissioner Reyes: He said 2.
Chair King: 2 is a four -fifths vote.
Commissioner Reyes: Yes.
Chair King: So do I have a motion to pass RE.2.
Commissioner Diaz de la Portilla: So moved. Moved.
Chair King: 5 and 6.
Commissioner Diaz de la Portilla: So moved.
Commissioner Russell: Second.
Commissioner Reyes: Second.
Ms. Mendez: Commissioner, Ijust wanted to clarify some language on RE.2.
Commissioner Russell:: We're not on RE.2.
Commissioner Diaz de la Portilla: We are.
Chair King: We are.
Commissioner Diaz de la Portilla: She added RE.2 to it.
Chair King:: Right.
Commissioner Russell: Oh, I thought because offour fifths you kept it separate.
Commissioner Diaz de la Portilla: No.
Commissioner Russell: I apologize.
Ms. Mendez: And then she added it.
Chair King: So, go ahead.
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Ms. Mendez: 1 just wanted to clam that we're declaring it for CCNA (Consultants'
Competitive Negotiations Act) purposes, that it's a procurement emergency. I don't
know that the language was very clear on RE.2 and caused a little confusion.
Chair King: Is everyone clear with that?
Commissioner Diaz de la Portilla: Yes.
Chair King: Okay, so I have a motion and a second to pass RE.2, RE. --
Commissioner Diaz de la Portilla: 5 and 6.
Chair King: -- 5 and 6. All in favor?
The Commission (Collectively): Aye.
Chair King: Any opposed? Motion carries unanimously.
Mr. Hannon: With RE.2 being amended.
Commissioner Russell: Madam Chair?
Chair King: Yes?
Commissioner Russell: Now that the item is passed, and I do very much respect the --
the City Attorney and the Administration's reason and purpose for bringing the
procurement item on RE.2. What we did sets precedent. We are the first city that I
know of in Florida to declare a housing emergency and even though it's just for the
procurement side we have now recognized that we have a crisis and I think there will
be a lot of pressure on us to take action on that which of course we already are. But
this action will open the door for new possibilities for us to take more aggressive
action on the affordable housing crisis that may be able to free us up a little bit of
some state preemptions. So I've asked the City Attorney to work with my office, at
least, on all the tools that would be available under a general housing emergency
declaration that we could choose to bring and I obviously recommend that all of us
get versed on that if we're not already, because it's -- it's -- this is something.
Chair King: Right because there absolutely is a housing crisis existing in the City of
Miami.
Ms. Mendez: Right, I just wanted -- okay, so -- and that's what I was trying to clam.
This resolution is not declaring a housing emergency. What it is doing is declaring an
emergency for purposes of procurement to dispense with the CCNA requirements. I
just wanted that to be very clear. I think what the Commissioner may want needs to be
brought separately and really vetted, but we understand there is affordable housing
issues. There is a shortage and that is why this is being brought.
Chair King: Okay.
Ms. Mendez: It is not a true declaration of a housing emergency pursuant to what
Commissioner Russell is requesting.
Chair King: Well, we do have an emergency housing crisis.
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RE.3 RESOLUTION
11330
Department of
Procurement
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED
FEBRUARY 11, 2021 PURSUANT TO REQUEST FOR
QUALIFICATIONS ("RFQ") NO. 1250387 FROM ASHBRITT, INC., A
FLORIDA PROFIT CORPORATION; CERES ENVIRONMENTAL
SERVICES, INC., A FLORIDA PROFIT CORPORATION;
CROWDERGULF JOINT VENTURE, INC., A FLORIDA PROFIT
CORPORATION; DRC EMERGENCY SERVICES, LLC, A FOREIGN
LIMITED LIABILITY COMPANY AUTHORIZED TO CONDUCT
BUSINESS IN FLORIDA; AND T.F.R. ENTERPRISES, INC., A
FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT
BUSINESS IN FLORIDA, FOR THE CITY OF MIAMI'S ("CITY")
DEPARTMENTS OF SOLID WASTE, PARKS AND RECREATION,
AND RESILIENCE AND PUBLIC WORKS FOR THE PROVISION
OF STANDBY EMERGENCY DEBRIS AND DISASTER RECOVERY
SERVICES ON AN AS -NEEDED CONTRACTUAL BASIS FOR AN
INITIAL TERM OF FIVE (5) YEARS WITH AN OPTION TO RENEW
FOR THREE (3) ADDITIONAL TWO (2) YEAR PERIODS;
ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF
FUNDS FROM THE VARIOUS USER DEPARTMENTS, SUBJECT
TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL
AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NEGOTIATED PROFESSIONAL SERVICES
AGREEMENT WITH EACH OF THE QUALIFIED PROPOSERS
RECOMMENDED FOR AWARD HEREIN, 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 AND TO ADD
SUCH ADDITIONAL QUALIFIED PROPOSERS TO RFQ
CONTRACT NO. 1250387 WHEN DEEMED IN THE BEST
INTEREST OF THE CITY, 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-22-0129
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Ken Russell, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes
Note for the Record: For additional minutes referencing Item Number RE.3, please
see "Order of the Day."
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Chair King: RE.3.
Commissioner Russell: So moved.
Commissioner Diaz de la Portilla: No --
Chair King: Wait, Commissioner Diaz de la Portilla.
Commissioner Russell: Oh, I apologize.
Commissioner Diaz de la Portilla: This is the same issue that we had, Mr. Manager, 1
think last year when we discussed the same five companies who subcontract and
subcontract and then subcontract to the local companies that end up doing it, right?
It's normally the way the business works. So in essence, they, whatever they charge
per metric ton or then they subcontract, local guys here end up doing the dirty work,
for lack of a better term.
Annie Perez: If I may, Annie Perez, Director of Procurement. Commissioner, we did
have in the solicitation strict requirements about equipment that they had to have, but
you are right. These companies do come in and subcontract. As a matter of fact,
FEMA (Federal Emergency Management Agency), you know says that in good faith,
they should hire local resources from the disaster area. So we put in the solicitation
that a 30 percent, you know, that they should hire a minimum of 30 percent from our
area so but they do subcontract.
Commissioner Diaz de la Portilla: Can you just, in layman's terms, tell me, it's by
metric tonnage, right?
Ms. Perez: I'm sorry?
Commissioner Diaz de la Portilla: By -- when they pick up, it's by metric ton?
Ms. Perez: Yes.
Commissioner Diaz de la Portilla: They have different terms that they use? There's
different terms, that's the one I'm talking about.
Ms. Perez: Do you want to go? Go ahead.
(COMMENTS MADE OFF RECORD)
Commissioner Diaz de la Portilla: Cubic yards, okay, so it's like concrete, okay, so
it's cubic yards.
Wade Sanders (Solid Waste Director): Yes.
Commissioner Diaz de la Portilla: So which company do you represent?
Mr. Sanders: Per yard, that's what they, they have the trucks measured by the
yardage.
Commissioner Diaz de la Portilla: By the yardage, yeah, like concrete.
Mr. Sanders: The monitoring company, comes in and measures the trucks. Once that
placard or that sticker is put on, it's measured, it tells how many cubic yards that
truck is and what it holds.
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Commissioner Diaz de la Portilla: And what does the City of Miami pay per cubic
yard? It's actually, it's different prices for the different kinds of debris that they pick
up. So it's technically --
Mr. Sanders: Yes. So if it's vegetation, I don't have the pricing --
Commissioner Diaz de la Portilla: Let's compare apples to apples.
Mr. Sanders: If it's vegetation it's a different price.
Commissioner Diaz de la Portilla: Right, of course.
Mr. Sanders: If it's on C&D, it's a different cost.
Commissioner Diaz de la Portilla: Of course. But just give me one example. Let's say
it's vegetation.
Mr. Sanders: Vegetation.
Commissioner Diaz de la Portilla: Okay, vegetation. What does the City of Miami pay
per cubic yard to pick up that debris, vegetation?
Ms. Perez: We have different pricing cause different -- yeah. So let me just explain
something, just for a little point of clarification.
Commissioner Diaz de la Portilla: I sort of know, I just want you to make it really
simple for me.
Ms. Perez: Okay.
Commissioner Diaz de la Portilla: Okay.
Ms. Perez: So --
Commissioner Diaz de la Portilla: Compare apples to apples for me.
Ms. Perez: Okay. So the -- this contract, how it's different from the current contract
that we have, the current contract had very simplistic, it was done many, many years
ago, has very simplistic pricing and what we discovered with Irma, Irma was the first
time that we used that contract, was that that pricing structure really didn't make
sense because there were other things that kept coming up. So 1'll give you an
example. The pricing is, so right away, vegetative debris removal, estimated quantity
75,000 miles, price per cubic yard, $12.95. That is one vendor.
Commissioner Diaz de la Portilla: Okay.
Ms. Perez: And I can, you know, and Commissioner, we can provide a matrix for you
all if you like.
Commissioner Diaz de la Portilla: You should have done it before we voted on this
contract. Because we had this same debate last year. So you should have done it
before. Another example where we get information here and we vote --
Ms. Perez: Understood.
Commissioner Diaz de la Portilla: --on five companies because it's an emergency,
because the hurricane season is coming up, we have to have everybody in place.
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Ms. Perez: Understood, my bad.
Commissioner Diaz de la Portilla: The city gets up -- getting screwed at the end,
because we're paying $12.95, what does a company pay the subcontractor, the people
that actually pick it up? What does a company that gets paid $12.95 pay the
subcontractor that actually picks up the vegetation? You know the industry, obviously,
right, sir? You subcontract this work. I don't even know who you represent, so I'm
sorry to be asking the wrong person.
Mr. Sanders: No, no, no, I'm the solid waste director.
Ms. Perez: He's our solid waste director.
Commissioner Diaz de la Portilla: Oh, I'm sorry. I'm sorry.
Mr. Sanders: I'm sorry. I'm trying to understand what you --
Commissioner Diaz de la Portilla: I'm sorry. Okay, so I'm sorry.
Mr. Sanders: So, Commissioner wait, hold on. --
Commissioner Reyes: I was wondering.
Commissioner Diaz de la Portilla: Who the heck is this guy? Now we know who he is.
Okay.
Chair King: That's the best solid waste director in Miami -Dade County.
Mr. Sanders: I apologize.
Commissioner Russell: And he's amazing, he's amazing.
Commissioner Diaz de la Portilla: Welcome to Miami -Dade.
Mr. Sanders: Madam Chair, Vice Chair, Commissioners, Wade Sanders, Solid Waste
Director, City of Miami. Commissioner, each of the vendors that we have, and I'm
truing to understand the question that you have, whether it's Crowder, Gulf DRC,
TFR, each one of those categories, if it's vegetation, each one of those individuals
would have a different price for their vegetation, if I'm understanding what you're
asking.
Commissioner Diaz de la Portilla: Right, but ask, so let's use Ashbrook as an
example.
Mr. Sanders: Okay Ashbrook.
Commissioner Diaz de la Portilla: It's the first one that's listed here, so let's use them.
I'm not picking on them, just using them as an example.
Mr. Sanders: Right.
Commissioner Diaz de la Portilla: We pay them $12.95 for debris, vegetation debris
right.
Mr. Sanders: Right.
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Commissioner Diaz de la Portilla: What do they pay the subcontractor that actually
picks it up? Because you have to know the industry, right? So you have to know?
Mr. Sanders: I don't know what they pay their subcontractors.
Commissioner Diaz de la Portilla: Is there any representative from any of these
companies here? Oh please, let us know. Whichever one of you wants to get up. I
don't see a big rush out there, but that's okay.
Chair King: While they're coming --
Commissioner Diaz de la Portilla: How about you, Felipe --
Chair King: While they're coining to the podium, let me put on for the record, as I
have spoken to staff about this extensively, and I have many concerns. While there is a
30 percent local hire requirement, there should be workshops done so that our
community can be participants in this local hire. Many of these subcontractors that
they get are not from our community, and I was advised that there is no provision in
the contract that penalizes the companies for not adhering to the 30 percent local hire
requirement. Therefore, why is that requirement even in there? Because nothing
happens to the contractor if they do not hire 30 percent of local contractors within
our community. And that to me is troubling. I'm not clear who wrote this contract
because it just does nothing. It does not do anything to employ our community. We're
at the last minute. I deferred this the last time it came up and everybody was up in
arms, you know, we have to have this in place if a disaster comes, but my concern will
always be our community. And those dollars should benefit the persons that live in
our communities. I was promised when I deferred it the first time that we would have
workshops so we can educate the community on how they could become local
contractors. That was not done, and we're going to wait until the last minute, and it
won't be able to happen. Moreover, without a penalty provision, nothing happens to
the contractor if they do not adhere to that provision. That is a major concern of
mine.
Commissioner Reyes: Madam Chair? May I?
Chair King: Commissioner Reyes.
Commissioner Reyes: Yes, I do understand your concern and I have also a huge
concern about it. If we do a little history, when Irma came by, the City of Miami had a
contract with a company, and there were some disasters in other areas. And we -- I
think Louisiana and other areas around the United States, they had -- they had, I
mean they had disaster. We had a lot of debris when Irma came by and that company
didn't have the equipment to pick up the -- I mean comply with the contract they had
with the City of Miami. Therefore, the City of Miami had to go as an emergency and
contract people from outside that they were charging a lot more than what the
company was charging before. So I want to know what would happen if we are
assuring ourselves that that company that you are, I mean that you are given a
contract, that will have, not only is it going to comply with the 30 percent but will
comply with the necessary equipment to pick up our trash. And if they don't have it,
are they going to be penalized? Because they were not penalized before, you see. And
the City of Miami took a hit, took a tremendous hit. And there were weeks after weeks
after weeks of -- of trash. And you remember that. You were here. And I was all over
the city, and I wasn't a commissioner, but I had a lot of complaints from people that
had their trash getting rotten in front of their homes, you see. So I want to make sure
that we are taking care of that. That that won't happen again.
Chair King: Vice chair.
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Commissioner Diaz de la Portilla: 1 had a question of the gentleman on the $12.95
question on vegetation debris. What do you pay your subcontractors?
Brian Thomason: With all due respect, Commissioner and Chairwoman, Vice Chair
and Commissioners, it's largely based on the volume of the debris at the time of the
event and the type of debris, the haul distances, those types of things. So, we don't
want to cut the subcontractors short, so those are assessed at the time of the event.
But they get the lion's share of the dollar amounts bid to the city for those services,
because also we're carrying overhead, we're carrying also the financial burden of
assisting and committing to 7, 14-day payment terms to our local subcontractors.
Commissioner Diaz de la Portilla: Which company do you represent?
Mr. Thomason: AshBritt, sir. Brian Thomason, vice president. And to add to that, ifI
may, to your point, Chairwoman, we actually very much, we're celebrating 30 years
in business, and we are a national firm with our roots here in Miami, starting as a
small business. And we actually joined with our partners here in Miami, SFM. Mr.
Christian Infante is one of our lead partners and we have a long-standing relationship
with that company as well. So those local partnerships have already began. We pride
ourselves on those local partnerships and also those workshops that you speak of not
only happen in the counties, cities, but other places that we also work nationwide to
foster those relationships with small businesses to give them other opportunities
outside of the communities that we work in as well.
Commissioner Diaz de la Portilla: Pm not aware, Madam Chair, if I may. I'm not
aware of any workshop that you've done in my community, in my district, the district I
represent. I'm not aware of that. I'm also aware, because I do read the newspapers
also, that you've had some controversy in the past. Your company and others have
had controversy in the past. I'm also aware of what Commissioner Reyes said, which
was that when Irma came around, you guys went someplace else. The reason why you
didn't have enough manpower was a lot of subcontracts were not available, but you
went to Louisiana and other places. Not you, I'm talking about in general. This
contract that the Manager has changed now, it doesn't look, I haven't read the
contract, but what I'm reading here from the synopsis of what I was told and some of
the background material that I was given, it's not that much different. That 30 percent
participation, as the chairwoman says, she's correct. There's no enforcement. There's
no teeth to it, right? So if you don't do it, you don't do it. And I'm sure you can -- I
remember back then, those articles that I read, this was a long time ago, I wasn't even
a commissioner then, that there was a big, big difference in pricing. What you
charged the cities, I think Palm Beach County was one of the counties that you were
involved in, had some controversy in, and what you would pay the subcontractors, the
people actually, subcontracting, the people actually picking up the debris. There was
a vast difference. It was not the majority of the money, went to the subcontractors. The
majority of the money went to you guys. Well, I have no issue with, and I understand
the emergency, but I do have an issue with these things being brought before us by the
Administration. My beef is more with the Administration than with you guys. They
need to tell us. They need to tell us, that matrix that you talked about. Well, we should
have had that before, right? And I want to know. It's a simple question. What do you
charge the City of Miami, the city that I represent, and what do you pay your
subcontractor for the same work? Simple question. No one here from the industry can
answer that one? I see four or five people from the industry, here. At least I recognize
three. No, and you cannot answer how much you pay your subcontractor?
Mr. Tomason: We probably make you know 20 percent off of the --
Commissioner Diaz de la Portilla: 20 percent is what you make?
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Mr. Tomason: 20 percent, but we're also carrying the burden for 60 to 90 days. We
have over a $100 million line of capital that we pay ourselves. We commit to 7, 14-
day payment terms to make sure that our subs are getting paid as the cities are going
through the FEMA process and we're carrying the process while other city functions
are getting stood back up. So there's a lot that goes into those percentages to help us
support the effort. And also, to your point, Commissioner, we've been doing this for
30 years. We do this nationwide. We've operated in over 60 federally declared
disasters across 600 debris missions, over 30 states and 52 special environmentally,
and we don't do that because we have a bad reputation. We don't get those projects
because we have a bad reputation.
Commissioner Diaz de la Portilla: 1 didn't say you have a bad reputation.
Mr. Tomason: Well -- and staff has ranked us number one in this RFP (Request for
Proposal) process, and we're here today to encourage the Commission to rank us
number one, to start that support immediately because as Chairwoman mentioned,
hurricane season is upon us. Today the wind is not blowing. It's March. A few months
from now, hurricane season is going to be on us and if we don't start planning now
for your success and your recovery, then if you fail to plan, you plan to fail. And staff
has spoken in the selection process. And all those things aside, our local presence for
those 30 years, I mean, our founder has been involved in the Oberlin Youth Center for
-- board member for many years, involved in Pace Miami, the Kristi House, UM
Jackson, Miami Project, as well as many others. Our foundation supports many
efforts, county -wide, city-wide, so our Miami roots are deep and especially with our
local subcontractors who are first wave. And we pride ourselves in bringing those
folks on board and paying them a right price to get the job done, but the burden is
upon the prime and those prices may shift again based on volume, the severity of the
disaster, to make sure that we are paying our subcontractors enough that they can
sustain, but we can also carry that burden for the period of time. Lessons learned
from the disasters you spoke of in the past, from Irma and back in 2017. We've all
learned from those lessons, and that's the reason that AshBritt, being your number
one ranked contractor, wants to get engaged with staff to get the process going, to get
the planning going, because not only lessons learned in Irma, we've learned lessons
from 2017 to present day in Kentucky from the tornadoes. We don't stop working. We
don't stop working and we bring that requisite knowledge and expertise with our
team, our leadership, our CEO was in attendance but had to leave for an engagement,
but our founder and our CEO are heavily involved with every process and it's a top -
down approach and a lean forward approach. And for that, for those reasons, we feel
that AshBritt should be ranked as your number one contractor as staff has already
designated and to be able to start the planning process. And if you don't start
planning now, your recovery doesn't start now.
Chair King: Vice Chair, then Commissioner Russell.
Vice Chair Carollo: Just for the heck of it. I was saying just for the heck of it, which of
the lobbyists have you hired to deal with this contract in the City of Miami?
Mr. Tomason: Ballard Partners.
Vice Chair Carollo: Who?
Mr. Tomason: Ballard.
Vice Chair Carollo: Bal?
Mr. Tomason: Ballard.
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Commissioner Diaz de la Portilla: Brian Ballard.
Vice Chair Carollo: Ballard. Okay. Ballard. Okay. Just making sure that that guy, he
knows, is not involved.
Chair King: Commissioner Russell.
Vice Chair Carollo: No, no, no. I'm not done.
Chair King: Oh you're not finished?
Vice Chair Carollo: No. Look, they're a national firm, no doubt about it. The reality is
this, Commissioner, all the questions you were asking and the statements you were
making, you're right on target. You understand what the problem is. Having said that,
the realities are the following. No matter who we bring in, a farm that's more national
or more local or whomever it is, whatever we're going to get is going to depend on
how big the hit is from a hurricane or whatever national disaster. If it's more
localized, yeah, they're going to be here. They're going to provide service. If it's real
big, you know what's going to happen. Its going to be a bidding war. And they might
be here for a while, but no matter what he says now, that, oh, we'll be there. We might
lose them because Louisiana or somewhere else, Georgia, is going to pay more. But
the same thing will happen whether it's them or anybody else. So we have to be
realistical [sic] on this and how we go forward. And that's why I hate putting all the
eggs into one basket. And I prefer, and I think this is what we had in '17, if I
remember, and that's what saved us. We had three firms. And I wasn't an elected
official. It was my brother who was sitting here, but I got involved and people called
me because I was running at the time for the position. And if I remember correctly,
one of the farms, I don't know fit was this one or another one, I really don't, but they
fell through. And the reason we were able to move forward better was because one of
the other companies that we had picked it up. If I remember, and correct me if I'm
wrong, Madam Director, we had the city divided into three zones or so. And look, I'll
go along with whatever the will of the Commission is or the recommendations from
the Administration if we think they're you know worthwhile in going forward with, but
you know usually you're better off if, you know, you have more people to depend on
instead of going with just one farm for everything. But I'll go along with whatever the
will of the Commission is.
Mr. Sanders: Yes, Vice Chair, to answer that question, lesson learned --
Vice Chair Carollo: I'm not done, I need something else from you. Go ahead. Go
ahead.
Mr. Sanders: Okay. Lesson learned from the last hurricane, you were exactly right,
we only had two contractors that was in place and we divided the city up in half. And
the lesson that was learned and the reason of doing multiple contractors on this
contract here is because of having someone that may bail out on us, we're able to pull
those resources and put them in other directions. Also what we did, we made sure that
we had a stiff performance bond that was put in place so if those individuals tried to
bail out on us, the City will have monies that they will recoup from that and then be
able to pull those other resources in those other zones and take care of it.
Commissioner Reyes: Madam Chair. I just want you to repeat that because that was
one of my concerns. Did they have a performance bond in this contract? Because we
didn't have it.
Mr. Sanders: Yeah, well, lessons learned from the previous contract.
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Commissioner Reyes: That's right.
Mr. Sanders: We made sure that when we did this contract that a performance bond,
a stiff performance bond was put in place so that if we had individuals that wanted to
bail out on us or to go to a higher bidder, we would pull that bond and we were able
to --
Ms. Perez: If I may for --
Commissioner Reyes: I just want to make sure that we are covered.
Ms. Perez: For a point of clarification, yes. So prior to commencing any work at the
point of a disaster, they have to provide a hundred percent performance and payment
bond of the estimated amount of work. So yes, there is a performance and payment
bond. There's also liquidated damages within the contract.
Commissioner Reyes: But through the Chair, through the Chair. But that does not
cover the ones that bail out. I mean, let's say that you have two companies, because
that's what happened to us. You have two companies. One company, here comes a
hurricane, and your company has a better offer, or that already had committed their
equipment someplace else, and they had bailed out. That person is not going to suffer
any consequences, right? Or you're going to place, I mean, that is going to be covered
in that performance bond?
Ms. Perez: Well, we will request performance bonds by all of them, and they can be
terminated for default, period, end of story, and that will affect their contracts in the
future.
Commissioner Reyes: Okay. And then we will -- we will -- we will cash in the
performance bond?
Ms. Perez: Yes.
Commissioner Reyes: Okay.
Vice Chair Carollo: Can I ask my final question?
Chair King: Please.
Vice Chair Carollo: I made my statement in this, and the performance bond, it's only
before they begin to work. By that time, it might be too late, because --
Commissioner Reyes: That's what I was saying.
Vice Chair Carollo: -- if they see that it's not convenient because someone's offering
more, it won't matter. So I'll leave that at that. Now --
Commissioner Reyes: It should be before we sign the contract.
Vice Chair Carollo: I'm not aspiring to too much today in this area, but Mr. Director,
I need to address something else other than this, and I'm glad you're here. My office
sent you, through the Manager, we copy the Manager, we sent you some information
yesterday that yesterday and the day before, numerous of the residents of District 3,
their garbage was not picked up. Were you aware of that?
Mr. Sanders: Yes. Yes.
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Vice Chair Carollo: And may 1 ask what was done to correct it?
Mr. Sanders: And we -- well the services being, what wasn't picked up yesterday is
being picked up today, or prior days were picked up today. The flux of staffing, we're
moving staffing around to accommodate, the garbage is our priority, that's the
number one priority and we're shifting those individuals over. I also took those
resources that was manned out to the HEAT team and to those other outside
programs that we had, pooled those resources in in order to assist us when we have
staff that is down like it is now, in order to accommodate and stuff -- accommodate
picking up those debris. But I was aware that, you know, an area was not serviced
and we just want to service them.
Vice Chair Carollo: Okay, well, I just want to make sure that you received the
information and we're doing something.
Mr. Sanders: Yes, I would not --
Vice Chair Carollo: And, because at the end of the day, they're not going to, you
know, remember your mom. They're going to be looking at mine and me when they're
really ticked off
Mr. Sanders: Right. Yes.
Vice Chair Carollo: And our hands are tied, because all we could do is go to you
through the Manager and say, pretty please.
Mr. Sanders: And I take those, you know, the service that we provide, I take it
serious, Commissioner. I don't believe in letting that stuff stay out there. And so, so
that's why it was very important for me to pull those other resources when I know that
my numbers are down as ,far as staffing to ,fill those trucks. So I have no problem
hearing anything from the Chief that the HEAT program is down because I need those
three eight bodies brought over, for our duty.
Vice Chair Carollo: Well, I appreciate that, but I was surprised because there were
numerous complaints that we had.
Mr. Sanders: Yes, yes, and I'm aware of that.
Vice Chair Carollo: Thank you, Director.
Mr. Sanders: Alright.
Chair King: Commissioner Russell.
Commissioner Russell: Thank you, Madam Chair. I sponsored the item because I trust
that this is very needed, but I also trust this dais, their knowledge of procurement and
subcontracting and pricing is meant to protect us. But institutionally, the people that
were here during Irma are quite limited. I mean, I'm thankful to God that Annie was
in her director position at that time, because we have a different city manager, 80
percent of our commission is different, most of our department heads are different. It
was the Wild West. And we had to do emergency ordinances fast to compete with
other cities. And it was not a fair process to the world, to the entire coastline from
Texas to here. I don't want to use the word price gouging because that puts it on the
vendors as doing something they shouldn't have been doing. It was a seller's market.
171 call it that. And that drove prices up like crazy. We passed ordinances to allow our
manager to overpay with the hopes that he could get reimbursed from FEMA. If we
are willing to give someone an exclusive contract, I'd like to know and make sure that
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we have exclusive protections on their availability and their pricing when that
emergency comes around so that we're not in that bidding war. What we're giving to
them is something very unique. If we're willing to do a four -fifths on this, I'd like to
understand the legalities and the procurement rules of what protections we have on
our pricing and their availability.
Ms. Perez: Okay. Madam Chair; if I may.
Chair King: Please.
Ms. Perez: Okay. I'm going to address a few things. So this, I want to first, if you don't
mind, Commissioner Russell, Pm going to address Madam Chairwoman and her
concerns. So this contract, these services are heavily regulated by FEMA because
they're fully, they would be fully reimbursed by FEMA. So not only do we have to
abide by all the procurement rules, we also have to abide -- there's sections in the
FEMA books, in the FEMA regulations regarding emergency debris removal that
Wade has to abide by. And yesterday I called our consultant, our debris monitoring
firm, because I saw your email and I know your concern, and I called them to see is
there anything we can do, you know, to put some -- because I was willing to make an
amendment to the contract. And what they explained to me was that FEMA considers,
you know, the local resources as a good faith effort. Therefore, we cannot put any
compliance or penalty on it. What they did suggest, and I wish they would have
suggested this when they were writing the scope, because that section is within the
scope of services, is that for one of these firms to not comply, so FEMA will be
looking at these firms very closely, and for one of these firms to not comply, they
would have to provide extensive documentation as to why they could not hire local
minority firms, right? So what she suggested was in other contracts similar to this
throughout the nation, they have, and I'd like to proffer this as an amendment. I don't
know, Madam Attorney, if I can, they would probably, the Commission would
probably have to make the amendment, but I would proffer that in that Section 3.10
that talks about local resources and the 30 percent, that we put language, put a
sentence that that failure to comply with this 30 percent may result in your contract
being terminated. And that's what, you know, they said other agencies do throughout
the nation. That's just to proffer that. Commissioner Russell, back to your -- back to
your question. So in regards to pricing, this contract is quite different than the one we
had in the past. The one in the past, as I was explaining to Commissioner Diaz de la
Portilla, the pricing was very simplistic. It didn't have, you know, that teeth in the
performance -- performance and payment bond. So we took all those things that it was
lacking. It was a bid, a low-priced bid. This was an RFQ. We -- we actually had the
State, the State of Florida is the grantee to FEMA. We are a sub -grantee to the State -
- through the State. So we did have the State of Florida look at this solicitation before
we advertised it and give their blessing and approval that it complied with all FEMA
requirements. And that the, you know, they looked at the pricing structure, everything,
you know. So is there any guarantees that one of these firms can walk out? No, there's
not. They could, you know, walk out. The only guarantee that I can tell you, if they try
to do that, we will default them and that will hurt them in the future for procurement
in other agencies.
Commissioner Russell: So through the Chair, so what's the disadvantage to hiring two
instead of one to cover our bases?
Ms. Perez: So the advantage is, as Wade was saying, previously with Hurricane Irma,
and I know Commissioner Russell, you were here, that was the Wild Wild West. And
to have two companies, and that wasn't even, that was -- it didn't even struck us as a
hurricane as a Category 1, and look at all the damage it did. God forbid a Category
4, Category 3, Category 2 would come our way and be a direct hit. You know, we
need as many firms as we can to be able to cover ground, to be able to you know
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clean up the debris as quickly as possible. So you know yes, it is recommended to
have you know five, six firms, and that's something that you know Wade and I
extensively talked about prior to this solicitation you know being put out.
Commissioner Russell: But this is for one, though?
Ms. Perez: No, this is for five companies.
Commissioner Russell: Five? I'm sorry.
Chair King: Five.
Ms. Perez: Yes, five companies.
Mr. Thomason: May I make one clarification, Mr. Commissioner? AshBritt is not
opposed to multiple contracts. We're just encouraging the ranking of the contractors
based on staff recommendations. And if may, just a couple of clarifications. AshBritt
in 2017 was not involved with the City of Miami with Irma Operations. Further,
regarding bonding, I'm happy to report that our bonding capacity is now $850,000.
So, the bonding of the project is not an issue ,for us. And if we had defaulted on any
project or not posted a bond on any project, I would not be standing here in front of
you having the conversations that we're having today, or we would not have been
your number one ranked firm in regards to this particular contract. And lastly,
regarding the local hires, we, aside from debris, just very quickly if you can indulge
me, during COVID operations here in the State of Florida, we had over 80 percent
local hires. We also held local internships, paid internships with Miami Dade College
and Overtown to assist us with those operations. So local is the way to our first line of
defenses for any contract. So just to establish you know our commitment to that and
our core value to that, I just wanted to add that as well.
Ms. Perez: And if I may, lastly, Madam Chairwoman, we do have tentatively
scheduled May 18th for a workshop. All five firms have agreed in writing to be
present. So you know, I will work with your office and all the other Commissioners'
offices to make sure that we reach out. I'm also going to, we have a good relationship
with the SBA (Small Business Administration) locally here to get their list of local
minority businesses that do that kind of work here in the area, within the City of
Miami.
Chair King: The workshop is going to be held where?
Ms. Perez: Hadley Park, tentatively. Tentatively. I'm waiting for confirmation from
Parks.
Chair King: Mr. Manager?
Commissioner Diaz de la Portilla: But after the fact.
Chair King: After we pass this.
Ms. Perez: Commissioner, we couldn't hold it before because it was contingent upon
the award of this contract.
Mr. Thomason: And we're familiar with that.
Ms. Perez: So, if not, believe me, and I'm going to make this, I am going to make this,
every year I try to do something different in preparation for hurricane season. Last
year we did a virtual meet and greet with all the important companies that we would
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use under an emergency. This year, this is going to be, you know, my different thing
that I'm going to do every single year prior to hurricane season, is have this type of
workshop. Because we might not get a hurricane. God, we hope we don't. So it's
something that is going to be very helpful in the future.
Mr. Thomason: And we can commit to that as we stand here today because we are
very familiar with set -asides and meeting those requirements.
Chair King: I appreciate that. Thank you.
Mr. Thomason: And one other, if I may, I meant $850 million in bonding if I said
something different. Thank you.
Mr. Noriega: Mr. Manager, you wanted to say something?
Arthur Noriega (City Manager): One nuance to this that, as the representative from
AshBritt keeps talking about a number one ranking, that I want to give clarity to
because to speak to the vice chair's concern relative to having just one vendor
initially, is that there's -- this is a pool of five vendors, right? This is not allocated
based on rank. This is a pool, right?
Ms. Perez: Correct.
Mr. Noriega: So can you just briefly describe the pool process?
Ms. Perez: Sure.
Mr. Noriega: Because I don't want this, I want the Commission to be crystal clear on
it.
Ms. Perez: Yes, absolutely. So at the time, and this, that is why the -- actually the
State of Florida suggested to us that we call it standby. That's how they call their
pool. And at the time, you know, at the time of an emergency, what we will be doing is
reaching out with a, you know, we'll be reaching out to all five firms and asking them
certain questions which upon approval of this contract we're going to work with Wade
on. And whoever has the most equipment, you know is -- can respond in less than 72
hours, all that will be engaged to do an area. It might, again, God forbid, but if
there's some -- if there's a, you know, category three, it'll probably take all five, right,
because we'll probably have a lot of debris. But that's how the work order -- it's going
to be, you know, we're going to issue kind of like a work order process, so yes. Thank
you, Mr. Manager, for reminding me about that.
Chair King: All right. I believe I have a motion and a second.
Mr. Hannon: Chair, I do not have a motion or a seconder at this time.
Commissioner Russell: I'll move it.
Chair King: Motion. Do I have a second?
Vice Chair Carollo: Motion.
Chair King: I have a motion and a second. All in favor?
Mr. Hannon: Chair, I do apologize. Is the Commission accepting the amendment
proffered by the Procurement Director or is it as is? Is RE.3 as is or is it going to be
amended?
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RE.4
9309
Chair King: I'm accepting the notion. I'm accepting the amendment. So I have a
motion and a second. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
Ms. Perez: Thank you so much. Thank you.
RESOLUTION
MAY BE DEFERRED
Commissioners A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
and Mayor ATTACHMENTS, APPROVING THE JULY 1, 2021 LITTLE HAITI
REVITALIZATION TRUST'S ("TRUST") BOARD APPOINTMENT OF
AS THE TRUST'S
PRESIDENT/CHIEF EXECUTIVE OFFICER ("PRESIDENT")
PURSUANT TO SECTION 12.5-45 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); FURTHER
APPROVING THE SALARY AND BENEFITS OF THE PRESIDENT
IN THE APPROXIMATE TOTAL AMOUNT OF FIFTY SIX
THOUSAND DOLLARS ($56,000.00) FOR THE THREE (3)
REMAINING MONTHS OF JULY 1, 2021 TO SEPTEMBER 30, 2021
FOR FISCAL YEAR 2020-2021 PURSUANT TO SECTION 12.5-45
OF THE CITY CODE.
MOTION TO: Withdraw
RESULT: WITHDRAWN
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: King, Russell, Reyes
ABSENT: Carollo, Diaz de la Portilla
Note for the Record: For minutes referencing Item Number RE.4, please see
"Order of the Day."
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RE.5 RESOLUTION
11664
Office of Capital
Improvements
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AN INCREASE TO THE PROFESSIONAL
SERVICES AGREEMENT ("AGREEMENT") WITH ATKINS NORTH
AMERICA, INC., A FLORIDA PROFIT CORPORATION ("ATKINS"),
FOR THE PROVISION OF CAPITAL PROGRAM SUPPORT
SERVICES PURSUANT TO REQUEST FOR QUALIFICATIONS NO.
15-16-032 AND AS APPROVED BY RESOLUTION NO. R-17-0386
ADOPTED ON JULY 27, 2017 FOR ADDITIONAL WORK FOR A
NOT -TO -EXCEED AMOUNT OF ONE MILLION FOUR HUNDRED
SIXTY THREE THOUSAND DOLLARS ($1,463,000.00), THEREBY
INCREASING THE TOTAL COMPENSATION AMOUNT FOR THE
AGREEMENT'S SECOND OPTION TO RENEW TERM FROM TWO
MILLION EIGHT HUNDRED FIFTY THOUSAND DOLLARS
($2,850,000.00) TO A TOTAL NOT -TO -EXCEED AMOUNT OF
FOUR MILLION THREE HUNDRED THIRTEEN THOUSAND
DOLLARS ($4,313,000.00); ALLOCATING FUNDS FROM THE
APPROPRIATE CITY OF MIAMI ("CITY") OFFICE OF CAPITAL
IMPROVEMENTS PROJECT AND DEPARTMENTAL BUDGETS,
SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED;
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NO. 3 WITH ATKINS FOR SAID PURPOSE, 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.
ENACTMENT NUMBER: R-22-0125
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes
Note for the Record: For minutes referencing Item Number RE.5, please see Item
Number RE.2.
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Meeting Minutes March 24, 2022
RE.6 RESOLUTION
11662
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), DE -APPROPRIATING FUNDS IN THE TOTAL
AMOUNT OF FOUR MILLION, FIVE HUNDRED SIXTEEN
THOUSAND DOLLARS ($4,516,000.00) ("FUNDS") PREVIOUSLY
ALLOCATED TO OFFICE OF CAPITAL IMPROVEMENT ("OCI")
PROJECT NOS. 40-B183505, 40-B173723, AND 40-B40563 IN THE
CITY OF MIAMI'S ("CITY") FISCAL YEAR 2021-22 MULTI -YEAR
CAPITAL PLAN ADOPTED ON SEPTEMBER 13, 2021 PURSUANT
TO RESOLUTION NO. R-21-0353, AS AMENDED, AND RE -
APPROPRIATING SAID FUNDS TO OCI PROJECT NOS. 40-
B183506, 40-B40563, 40-B50414, AND 40-B50421, ALL AS SET
FORTH IN EXHIBIT "A," ATTACHED AND INCORPORATED,
SUBJECT TO FINAL WRITTEN APPROVAL BY THE CITY'S
AMERICAN RESCUE PLAN ACT OF 2021 CONSULTANTS;
RATIFYING, APPROVING, AND CONFIRMING CERTAIN
NECESSARY ACTIONS BY THE CITY MANAGER AND
DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE
RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS
IN CONNECTION THEREWITH, FOR PROJECT CLOSE-OUTS,
AND FOR GRANTS AND OTHER FUNDING SOURCES IN
PROGRESS IN CONNECTION HEREWITH; PROVIDING FOR AN
EFFECTIVE DATE.
ENACTMENT NUMBER: R-22-0130
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes
Note for the Record: For minutes referencing Item Number RE.6, please see Item
Number RE.2.
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RE.7 RESOLUTION
11687
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION MODIFYING
RESOLUTION NO. R-22-0028 ADOPTED ON JANUARY 13, 2022
TO PLACE AN OPERATIONAL HOLD ON, RATHER THAN
REVOKE, ANY MOTORIZED SCOOTER OPERATOR LICENSES
FOR NONCOMPLIANCE WITH ANY REGULATION RELATED TO
THE PUBLIC SAFETY, HEALTH, OR WELFARE INCLUDING BUT
NOT LIMITED TO THE REGULATIONS CODIFIED IN CHAPTER 8,
ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, AND ANY ADDITIONAL RULES AND REGULATIONS
PROMULGATED BY THE CITY MANAGER INCLUDING BUT NOT
LIMITED TO THOSE REGULATIONS CONTAINED IN
RESOLUTION NO. R-21-0486 ADOPTED NOVEMBER 29, 2021;
ESTABLISHING A REINSTATEMENT PROCESS; AND PROVIDING
AN EFFECTIVE DATE.
ENACTMENT NUMBER: R-22-0126
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, 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 RE. 7, please
see "Public Comments for all Item(s). "
Chair King: We are now on RE.7. Commissioner?
Commissioner Diaz de la Portilla: Thank you, Madam Chair. I was looking at FR.1,
my bad.
Chair King: Oh, so --
Commissioner Diaz de la Portilla: I'm okay, yes. I'm okay because it's my item. So it's
RE. 7.
Chair King.: Okay. Do I have a motion?
Commissioner Diaz de la Portilla: So moved.
Vice Chair Carollo: Move.
Chair King: Second?
Commissioner Reyes: Second.
Chair King: All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
END OF RESOLUTIONS
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SR.1
9377
Commissioners
and Mayor
SR - SECOND READING ORDINANCES
ORDINANCE
MAY BE DEFERRED
Second Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ("CITY CODE"), TITLED "ALCOHOLIC
BEVERAGES;" MORE PARTICULARLY BY AMENDING SECTION
4-6 OF THE CITY CODE TO RENAME THE "OVERTOWN
ENTERTAINMENT DISTRICT" TO THE "HISTORIC OVERTOWN
CULTURE AND ENTERTAINMENT DISTRICT"; MODIFYING THE
DISTRICT'S BOUNDARIES AS DEPICTED IN EXHIBIT "O"; AND
MAKING GRAMMATICAL CORRECTIONS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO: Withdraw
RESULT: WITHDRAWN
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: King, Russell, Reyes
ABSENT: Carollo, Diaz de la Portilla
Note for the Record: For minutes referencing Item Number SR.1, please see "Order
of the Day."
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SR.2 ORDINANCE Second Reading
11445
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 38 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, TITLED "PARKS AND RECREATION," MORE
PARTICULARLY BY ADDING ARTICLE VII, TITLED "MIAMI
BAYWALK GREENWAY ALONG BISCAYNE BAY," TO ESTABLISH
THE MIAMI BAYWALK GREENWAY ALONG BISCAYNE BAY;
DESCRIBING BOUNDARIES; PROVIDING ENFORCEMENT;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Carollo, Diaz de la Portilla, Reyes
NAYS: King, Russell
Note for the Record: Item SR.2 was deferred to the April 14, 2022, City Commission
Meeting.
Note for the Record: For additional minutes referencing Item Number SR.2, please
see "Public Comments for allltem(s)."
Chair King: We have SR.1.
Commissioner Russell: That was withdrawn.
Chair King: No, no -- I'm sorry SR.2. SR.1 was withdrawn. SR.2.
Commissioner Russell: I'll move it.
Chair King: I have a motion. Do I have a second?
Commissioner Reyes: I have a question on it, and I have my, concern with it.
Chair King: Oh, hold on one second.
Vice Chair Carollo: Which one.
Commissioner Reyes: On SR.2.
Chair King: SR.2. Victoria do you need to read this into the record? Let's have our
City Attorney read it into the record.
The Ordinance was read by title into the public record by the City Attorney.
Chair King: Commissioner Reyes?
Commissioner Reyes: Yes, ma'am. You see, I have my concern with this. What we,
basically what we're doing is we're getting a sidewalk which is made of big slab of
concrete and we're calling it a park. And that is, in my opinion, it's kind of dangerous
because we can use that to mitigate any no net loss of green space with that park,
which is called park. And also, as stated here, this is -- this opens the path to use park
impact fee dollars. That is that when any part of that sidewalk breaks the
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Commissioner can, District 2 Commissioner, can come in and they can use impact
fees that are earmarked for parks to fax that sidewalk. I think that goes against the --
goes against my district because 1 have a lot of parks that need to be fixed and it
could also impact other districts also. You see, that is why the designation, I don't see
any reason to designate this sidewalk as a park unless it has to be used for some other
uses, I mean there is a plan behind it, or they want to use our impact fees to fix that
because basically what it is, it is a wall that is being used as a sidewalk, you see. And
also, what we are doing, we, by getting, I mean, being able to get their hands on our
impact fees we will be fixing those areas that they are being built by private
individuals, private companies -- 1 mean owners, you see. And then we -- we're
responsible Jrofixing instead of the other people being responsible for fixing it. You
see, people that -- and I just want to know also, since we are -- they are some private
properties that they are building and they are paying, they are building this sidewalk
or this so-called baywalk on their dime, that if they can preclude somebody from
walking by, behind it, because we have that problem on the Four Ambassadors. You
cannot walk behind the Four Ambassadors in the -- the -- the -- the baywalk that they
have behind them, because they are the ones that pay for it. And we are going to be
paying out of our park impact fees, taking it out of, for example, a park in Flagami or
in Liberty City or in Allapattah or in Little Havana to fax this? I don't think that's
right. And that is why I'm opposing this.
Commissioner Russell: Thank you. Madam Chair?
Vice Chair Carollo: Chair?
Chair King: Mr. Vice Chair.
Vice Chair Carollo: I have another type of concern with this. Thank you. And that is
on the mangroves. For us to spend the kind of money that we are in this park, and
then we're going to be putting mangroves where in a short time they'll be so tall that
we won't be able to see the water. It just makes no sense to me. Furthermore, if I'm
going to be told that it's needed for the bay, we're putting 25 feet only is what I
understand. You usually need a minimum of 100 feet for it to give that protection. So
that's the other area that I have concerns that I'd like to get some answers from the
Administration on. You know there's a place for mangroves and there are not other
places. For instance, how many of these big, beautiful buildings that we have in the
Bay do you see that have mangroves in front of them? I don't think we have too many.
So why are we planting mangroves in front of our property in this project?
Arthur Noriega (City Manager): I don't know where that comes from, this idea that
we're planting mangroves. We're not.
Vice Chair Carollo: That's the information that I received, that there was going to be
a 20-feet linear feed where mangroves were going to be planted and placed in.
Mr. Noriega: No, this has nothing to do with that at all. So the reference here is on
the right-of-way designation for the baywalk. There aren't any mangroves being
installed as part of this legislation or any other. There's no mangroves being installed.
Commissioner Reyes: Madam Chair, you finished? Madam Chair, you said a right-of-
way, not a park. Because this, what it does, it designates that sidewalk as a park,
giving it certain rights. I mean the same -- they will have the same right at any park. It
could be used to mitigate no net loss, it could be used, I mean, they can, they will use,
they will be able to get their hands on our impact fees, park impact fees, for any
repair or whatever they want to do. You see, we will be sharing, we will be sharing --
every district is going to be sharing their impact fees with that sidewalk, big sidewalk,
that has been designated park, I don't know why, okay? I mean, there must be a
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reason behind it. Maybe it is because it wants to be used, wants to be repaired by the
impact fees, or maybe because it's going to be used as to mitigate. I don't know what
the reason behind is, but 1 don't see no rhyme or reason or the current sidewalk a
park.
Vice Chair Carollo: When do we meet again? What date do we meet again?
Mr. Noriega: The 14th of April.
Vice Chair Carollo: What date?
Victoria Mendez (City Attorney): April 14th.
Mr. Noriega: April 14th. Regular meeting is April 14th.
Ms. Mendez: April 1st is a special.
Vice Chair Carollo: I'd like to sit with the Administration a little further and inquire
on this. So I'd like to put up a motion to defer until the next meeting on the 14th.
Commissioner Reyes: I'll second.
Commissioner Russell: Discussion?
Chair King: Commissioner Russell.
Commissioner Russell: Thank you, Madam Chair.
Vice Chair Carollo: Thank you.
Commissioner Russell: I'd like to let you know what I'm trying to accomplish and see
if this dais can help us get there, because I believe all of us agree that a functional
completed baywalk would be an incredible amenity for this city. The greatest cities in
the world from Rio de Janeiro to Tampa to Chicago all have baywalks, and they have
thousands of people using them every day. It may not be the traditional park that you
think of but it's a linear park of sorts. And Commissioner Reyes may remember when
we ribbon cut the skate park under 1-95, the City of Miami put $600,000 into that $1.2
million project, and you said, this is a park. There wasn't a blade of grass in it.
Commissioner Reyes: (UNINTELLIGIBLE).
Commissioner Russell: The skate park. And it's not the traditional park that you think
of but we ribbon cut that together and we agreed that this is, I mean, there were
hundreds of kids there and there still are almost every day. We may not agree on all
the methods and ways, but as the Chair of the DDA (Downtown Development
Authority), I know that one of your main goals is to complete the baywalk. So, this is
what I'd like to say to this body and ask for your help. The baywalk hasn't been
completed in 40 years. Why? Because the mechanism is incorrect. The way we're
going about it, leaving it only on the shoulders of the developers when they want,
when they're ready, it hasn't happened for 40 years, it may not happen for 40 more.
I'm not saying we should waste our money on it or invest our money on it. We need to
trigger them to develop their pieces now. And we did this by precedent. We did this by
precedent with the Presbyterian Church in Brickell. There's only three missing parts
in Brickell, only less than a dozen total in the city on the Bayfront. But until they're
completed, this baywalk doesn't exist. Because if you can only go 100 yards and stop,
it's missing teeth in the smile. So what we did with the Presbyterian Church was, we
said, all right, we as a city can invest upfront with a contractual agreement that they
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reimburse us when they trigger their responsibility under the charter. And what this
does is it allows us to treat the entire baywalk as part of our park system in order to
make those negotiations with those private entities. We use the precedent, and this is
very creative, we use the precedent under state statute of a greenway. Just like the
Ludlum Trail has parts that are private, parts that are public, but in order to get it
done, they had to create an initiative legislatively that named it a greenway so they
could actually invest in it, partner with private companies, and create that linear
park. We may not agree on everything about it, but I need this body's help to get the
baywalk done, and this is a really key way. The issue about impact fees is up to this
body. If this body doesn't think that impact fees should be spent on the baywalk, they
never will. But all of those funds would be reimbursed because the parts that are on
our land are already complete. The missing pieces are on private land and FDOT
(Florida Department of Transportation) land.
Commissioner Reyes: You can fix that.
Commissioner Russell: So, that's the goal. And so if there's an issue with how we're
doing it or why we're doing it., I'd like to address that up here. And I think we can get
there because I do believe all of us agree that this needs to be done and it's not getting
done.
Commissioner Reyes: Okay, but why should we designate it a park? You see, the thing
is -- the thing is that I think that it can serve two purposes not that I don't agree with.
First of all, I don't agree that this could be used as to mitigate no net loss. Secondly, I
don't agree that we should use impact fees, park impact fees, to build the baywalk.
There are other funds that could be used, fantastic, and I would help you, and I have
helped you I mean in getting funds for the baywalk, but to get impact fees, park
impact fees, be able to repair or to build the baywalk, I don't think it's fair to any one
of the districts that they have so much need to fix their parks. That is one. Second one,
I have just two objections. If you want to, if you're willing. I mean -- I mean, I don't
know why we have to design the -- I mean, designate this a park. You see?
Commissioner Russell: We're not designating it as a park.
Commissioner Reyes: Yes, it -- that's why --
Commissioner Russell: I'd like to clarify the wording. Madam Chair?
Commissioner Reyes: No, no, no. It's designated as a park. And then it's going to be --
it's going to go and be included when we have the park inventory, the bed walk is
going to be a park. No, baywalk is a sidewalk. That's what it is. It's a big sidewalk as
it is in Tampa, Pc! go and I walked it and I'd stop along the way you see.
Commissioner Russell: I also wanted to address Commissioner Carollo's question. I
wasn't quite finished Chair.
Commissioner Reyes: Okay, Commissioner Carollo, please.
Vice Chair Carollo: Thank you.
Commissioner Russell: Chair, I just wanted to address Commissioner Carollo's
questions earlier. What he mentioned about the mangroves and the 25 feet, these are
under a different ordinance of the baywalk guidelines that the DDA created under
Chairman Reyes, but they have nothing to do with this. So there is nothing within this
that mandates mangroves. The 25 feet is what our charter requirement is .for all
private property to leave to public access. Yet it's not a park. It's not going into our,
it's not going designated a park. It's not getting rezoned. It's not even an overlay. This
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is a designation of a greenway that allows us to bring it into our parks system under
state precedent and county precedent. So it doesn't become a park, but it allows our
Parks Department to help manage it. Right now, it's a patchwork of unfinished, mish-
mashed, different pieces that don't connect. And this is our chance to connect it.
Commissioner Reyes: You can --
Chair King: Vice Chair.
Vice Chair Carollo: Thank you.
Commissioner Reyes: Oh, I'm sorry.
Chair King: Vice Chair.
Vice Chair Carollo: I think Commissioner Russell brought Rio de Janeiro up,
comparing --
Commissioner Russell: Copacabana, Ipanema.
Vice Chair Carollo: (Speaking Portuguese not translated)
Commissioner Russell: (Speaking Portuguese not translated) and the baywalks in
Brazil are the best in the world.
Vice Chair Carollo: (Speaking Portuguese not translated).
Commissioner Russell: (Speaking Portuguese not translated).
Ms. Mendez: Do we have the interpreter? Interpreter, please.
Commissioner Reyes: Okay, okay.
Commissioner Russell: I'm getting called out, I'm coming back.
Chair King: Hold on, hold on, hold on.
Commissioner Reyes: It's just like Spanish.
Chair King: Hold on.
Commissioner Reyes: Broken Spanish.
Chair King: Vice Chair.
Commissioner Russell: We need to get a caipirinha, Joe.
Commissioner Reyes: You met the girl from Ipanema?
Commissioner Russell: I married the girl from Ipanema.
Vice Chair Carollo: I don't think you have been there quite as many times as I have.
Commissioner Russell: You may be right.
Vice Chair Carollo: Okay.
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Chair King: Okay. So.
Commissioner Reyes: Madam, to finish, 1 mean to answer what he said.
Chair King: Okay.
Commissioner Reyes: You want somebody to take care of it, that could very well be
assigned to Public Works. That's what it should be. It should be under public works,
not under parks. You see, you are placing -- you are placing some park that has so
many problems and has so many parks that have to be rebuilt and has to be done and
have to be refurbished -- that you're placing this, you want to place this sidewalk
under Park's responsibility also? How about -- how about placing this under Public
Works? That's what it should be. You see, sidewalks are fixed by public work.
Chair King: I think we can address who fix what and how it's done. Is there a will of
the body to move forward with the motion?
Commissioner Russell: So my original motion was to move the item --
Chair King: Yes.
Commissioner Russell: But we did not wait for a second, so we have a deferral as
well.
Chair King: Yes. Do we have a second?
Todd B. Hannon (City Clerk): There was a second for the motion to defer. There was
never a second to the motion to pass.
Commissioner Reyes: Now we have to vote on --
Commissioner Russell: My motion was first, though.
Mr. Hannon: Correct, but there was no second to the motion.
Commissioner Diaz de la Portilla: No but there was -- but it didn't get a second,
doesn't matter
Commissioner Russell: Alright. The Chair did not ask for it.
Chair King: Okay, can I have a second for Commissioner Russell's motion?
Mr. Hannon: In all honesty to the deferral, it supersedes the main motion on the floor.
Commissioner Diaz de la Portilla: Correct, it predominates --
Chair King.• I see.
Mr. Hannon: The subsidiary motion.
Chair King: So let's vote on the motion to defer. All in favor?
Commissioner Russell: No.
Commissioner Diaz de la Portilla: Aye.
Chair King: What?
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Commissioner Diaz de la Portilla: No. Aye.
Commissioner Reyes: Aye.
Chair King: No.
Commissioner Reyes: Yes.
Chair King: No.
Commissioner Reyes: It's on the motion to defer.
Chair King: Right.
Commissioner Reyes: (UNINTELLIGIBLE) motion.
Chair King: Okay. I don't -- I'm not in favor of deferring. So, the motion --
Commissioner Reyes: Passes.
Commissioner Diaz de la Portilla: Passes.
Mr. Hannon: 3-2.
Commissioner Russell: To what date?
Commissioner Reyes: 3 to 2.
Mr. Hannon: The motion was to defer SR.2 to the April 14 City Commission meeting.
Vice Chair Carollo: Who is the third vote? You can still meet with me, Mr. Manager.
Mr. Noriega: I couldn't hear you, sorry.
Vice Chair Carollo: I say you can still meet with me, but you are bringing lunch,
right? I work better with a full stomach.
Commissioner Diaz de la Portilla: I have lunch in my office.
Vice Chair Carollo: What do you have?
Commissioner Diaz de la Portilla: (Speaking Spanish not translated).
[Later...]
Chair King: And future legislation is -- yes?
Ms. Mendez: Chair, I'm so sorry, did the Commissioner want this on 4/14 or it could
be 4/28?
Vice Chair Carollo: I'll leave it up.
Ms. Mendez: We're going to try for 4/14, but if we miss the deadline, 4/28.
Vice Chair Carollo: That's line.
Ms. Mendez: Okay. Thank you.
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Chair King: Okay, that will conclude our PZ items. There is future legislation as just
noticed to the public, the March 24th --
Commissioner Russell: Madam Chair? I've had a rough day.
Chair King: Yes, you have. Yes.
Commissioner Diaz de la Portilla: An understatement.
Commissioner Russell: Is there any chance 1 can implore this body to take another
stab at SR.2, Miami Baywalk Greenway?
Chair King: Oh, we didn't. We didn't?
Commissioner Reyes: We already deferred it.
Commissioner Russell: We did. And I just want to see if there's any appetite to
reconsider.
Chair King: I will reconsider it. Anybody else?
Commissioner Reyes: Well, I will not. I will not. I stand (UNINTELLIGIBLE) we
voted. That's it.
Chair King: (UNINTELLIGIBLE).
Commissioner Russell: Will of the body. Will of the body.
Commissioner Reyes: What is your rush? Do you have an ulterior reason to rush it? I
mean, what is it? What is your rush? Two weeks is not going to kill this.
Commissioner Russell: 40 years is too long.
Commissioner Reyes: No, no 40 years is too long.
Chair King: Commissioner Reyes, we're just asking -- we're just asking.
Commissioner Reyes: Well, I'm against it.
Chair King: Okay, I got you against. Is there anyone else on the body that will
consider bringing this back.
Commissioner Reyes: That proves my point that there's an ulterior motive. That
proves my point.
Chair King: Okay, well, I don't --
Commissioner Reyes: That proves my point.
Chair King: -- but there's no, just being fair and asking, there doesn't seem to be.
Commissioner Russell: I'll make a formal motion to reconsider and just put it out
there. If there's a second.
Commissioner Diaz de la Portilla: Well, you can't. You're on the losing side. You
have to be on the prevailing side.
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Vice Chair Carollo: You're on the losing side. You can't.
Commissioner Russell: No, no, no. Oh, what is the rule on that?
Commissioner Diaz de la Portilla: Yeah, you have to be --
Commissioner Russell: Here comes Mason's --
Victoria Mendez (City Attorney): Unfortunately, not on Mason's.
Commissioner Russell: Oh, Mason's coming. I didn't realized that.
Todd B. Hannon (City Clerk): On page 311 of Mason's, parliamentary law does not
restrict the making of the motion to reconsider to a member who voted on the
prevailing side of a question sought to he reconsidered.
Commissioner Diaz de la Portilla: To a member voting on the prevailing side.
Mr. Hannon: So, Commissioner Russell can make the motion to reconsider. He was
not on the prevailing side, but Mason's does not prevent someone who was on the
prevailing side.
Commissioner Diaz de la Portilla: But he wasn't, but he wasn't the prevailing side.
Mr. Hannon: Who was not on the prevailing side.
Commissioner Russell: I will remove my motion. Will of the body. Will of the body.
Mr. Hannon: He's still within his right to make the motion.
Chair King: Okay.
Commissioner Diaz de la Portilla: No he's not. No he's not. Read it again.
Commissioner Russell: Motion removed.
Mr. Hannon: Sure.
Commissioner Diaz de la Portilla: Read it again.
Chair King: You know Todd knows.
Commissioner Diaz de la Portilla: Okay, I just want to double check. Because that's
not the way it is in Tallahassee. I'm a Tallahassee guy. So you have to --
Chair King: Go ahead, Todd. Go ahead. The hour is late.
Mr. Hannon: Parliamentary law does not restrict the making of the motion to
reconsider to a member who voted on the prevailing side of a question sought to be
reconsidered.
Vice Chair Carollo: On the prevailing side of a motion.
Commissioner Diaz de la Portilla: On the prevailing side of the motion.
Chair King: He wasn't on the prevailing side.
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Commissioner Diaz de la Portilla: He was on the losing --
Mr. Hannon: Commissioner Russell wasn't on the prevailing side so Mason's does not
prevent him from making the motion to reconsider.
Ms. Mendez: Right. It's Robert's. You're absolutely correct. What you're saying is for
Robert's Rules. We're all used to Robert's Rules and we have Mason.
Chair King: The City uses Mason 's so he can make the motion.
Commissioner Diaz de la Portilla: The City uses whatever we want it to use. But he
withdrew it anyway.
Chair King: Okay so there's a motion. Is there a second to reconsider SR -- what was
it, 2?
Commissioner Russell: 2.
Chair King: SR.2. There's a motion. Can we get a second? Going once. Going twice.
I'm going to make the second. Okay let's -- I'm just trying to be fair. It's the last thing
that's happened --
Commissioner Reyes: It's not being fair.
Chair King: Okay. Well --
Commissioner Reyes: It is because, I mean, unless he tells me what ulterior motive he
has --
Vice Chair Carollo: Look at my badge.
Commissioner Reyes: -- I'm not going to -- I'm not going to, because Mr. Russell you
see.
Commissioner Russell: I need a third, Chairwoman, and if it's not here, it's not here.
Chair King: It's not here. It is not here.
Commissioner Russell: So, I'm not going to make a spectacle out of it. If there's not a
will to take this up, there's not a will to take this up.
Chair King: Okay. So, we're going to withdraw that motion and I'm going to close the
March 24, 2022, Commission Meeting for the City of Miami with my wonderful
colleagues. It has been a pleasure today.
END OF SECOND READING ORDINANCES
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FR - FIRST READING ORDINANCES
FR.1 ORDINANCE First Reading
11260 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Office of Zoning CHAPTER 13, ARTICLE I, TITLED "DEVELOPMENT IMPACT AND
OTHER RELATED FEES/IN GENERAL," OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"),
SPECIFICALLY BY AMENDING SECTION 13-16(D), TITLED
"PETITIONS FOR REFUND OF IMPACT FEES," TO PROVIDE FOR
REFUNDS UNDER LIMITED CIRCUMSTANCES; 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: Manolo Reyes, Commissioner
AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes
Chair King: We still have work to do. We still have a little bit of work to do. Let's see
if we can get through first reading. Does anyone want to --
Commissioner Diaz de la Portilla: I'll move it.
Commissioner Reyes: Which one?
Commissioner Diaz de la Portilla: FR.1.
Chair King.: FR.1 --
Commissioner Diaz de la Portilla: FR.2.
Chair King: FR.4, 5, and 6.
Commissioner Diaz de la Portilla: I'll move it ma'am.
Vice Chair Carollo: FR.1.
Chair King: 4, 5, and 6, FR --
Victoria Mendez (City Attorney): Remember, I have to read all this, so FR --
Chair King: I do, I do.
Ms. Mendez: Which one?
Vice Chair Carollo: 1 --
Chair King: 2 and 3 have been deferred indefinitely, so you only have FR.1, 4, 5, and
6.
Commissioner Reyes: Second.
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Commissioner Russell: Madam Chair, comment on FR.5.
Chair King: Okay, so we'll pull FR.5. So, do I have a motion to pass FR.1, 4, and 6?
Commissioner Diaz de la Portilla: So moved. So moved.
Commissioner Reyes: Second.
Chair King: Madam City Attorney, can you read those into the record?
Ms. Mendez.: Yes, I'm just looking to see which one's needed amendments. So, one
second. FR.1, I believe, between first and second reading, please note that it'll be
modified to make sure that the refund is to the actual individual that paid the fees. So
we'll clarify that better between, first and second.
Chair King: Okay.
Vice Chair Carollo: Mr. Clerk, I was supposed to have been put in as co-sponsor on
FR.5, if you can make sure that I am.
Todd B. Hannon (City Clerk): Yes sir.
Vice Chair Carollo: Okay, I'm ready.
Ms. Mendez: Okay, so --
Ms. Mendez: And then the next one that I believe I'm supposed to be reading into the
record is 4.
Chair King: 4.
Ms. Mendez: And okay. Alright, so we should be okay. So, FR.1.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: Then the next one is FR.4.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: Then FR.5.
Chair King: FR.6, Well go ahead and read FR.5.
Ms. Mendez: Okay. FR.5.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: And lastly, FR.6.
The Ordinance was read by title into the public record by the City Attorney.
Chair King: So we're going to vote now on FR.1, FR.4, and FR.6. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries.
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FR.2 ORDINANCE First Reading
10658
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE XI/DIVISION 22 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS/STARS OF CALLE OCHO ADVISORY
COMMITTEE"; MORE SPECIFICALLY BY AMENDING SECTION 2-
1329 OF THE CITY CODE, TITLED "STARS OF CALLE OCHO
WALK OF FAME CELEBRITY AND COMMUNITY RECOGNITION
ADVISORY COMMITTEE —ESTABLISHMENT, PURPOSE AND
POWERS AND DUTIES," BY MAKING THE CITY OF MIAMI'S
DEPARTMENT OF PARKS AND RECREATION RESPONSIBLE
FOR ALL MATTERS CONCERNING THE STARS ALONG THE
CALLE OCHO WALK OF FAME AND PROVIDING FOR THE CITY
COMMISSION'S CONFIRMATION OF ALL NOMINEES FOR SUCH
A STAR; FURTHER AMENDING, SECTION 2-1330 OF THE CITY
CODE, TITLED "MEMBERSHIP AND QUALIFICATIONS,
MEETINGS AND QUORUM," BY CHANGING THE NUMBER OF
STARS OF CALLE OCHO ADVISORY COMMITTEE BOARD
MEMBERS AND THEIR NOMINATION; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: King, Russell, Reyes
ABSENT: Carollo, Diaz de la Portilla
Note for the Record: For minutes referencing Item Number FR.2, please see
"Order of the Day."
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FR.3 ORDINANCE First Reading
7221
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ("CITY CODE"), TITLED "BICYCLES,
SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES,"
TO CONVERT THE EXISTING MOTORIZED SCOOTER PILOT
PROGRAM TO A PERMANENT PROGRAM; PROVIDING FOR
INCREASED FEES FOR SCOOTER OPERATORS; PROVIDING
FOR ENHANCED PENALTIES FOR VIOLATIONS OF THE
SCOOTER PROGRAM, INCLUDING FINING ADULT ACCOUNT-
HOLDERS OF A SCOOTER OPERATOR FOR PERMITTING A
PERSON UNDER 18 YEARS OF AGE TO OPERATE A SCOOTER;
PROVIDING FOR SCOOTER FLEET SIZE LIMITATIONS BY THE
APPLICABLE PROCUREMENT METHOD THAT SELECTS
OPERATORS; PROVIDING THAT ALL PROVISIONS OF THE
MOTORIZED SCOOTER PILOT PROGRAM IN EFFECT PRIOR TO
THE PASSAGE OF THIS ORDINANCE CONTINUE FOR THE
REMAINING DURATION OF THE PILOT PROGRAM WITH
CERTAIN LIMITED EXCEPTIONS; CONTAINING A SEVERABILITY
CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: King, Russell, Reyes
ABSENT: Carollo, Diaz de la Portilla
Note for the Record: For minutes referencing Item Number FR.3, please see
"Order of the Day" and "Public Comments for all Item(s)."
FR.4 ORDINANCE First Reading
11559
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, TITLED "GARBAGE AND OTHER SOLID WASTE,"
BY ESTABLISHING ARTICLE IX, TITLED "WASTE METERING," TO
PROVIDE REGULATIONS FOR THE CITY OF MIAMI AND
CERTAIN COMMERCIAL BUSINESSES AS DEFINED HEREIN;
REQUIRING THE MONITORING AND REPORTING OF WASTE
PRODUCTION USING SMART TECHNOLOGY; CONTAINING A
SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Diaz de la Portilla, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes
Note for the Record: For minutes referencing Item Number FR.4, please see Item
Number FR.1.
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Meeting Minutes March 24, 2022
FR.5 ORDINANCE First Reading
11439
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 10/ARTICLE 1/SECTION 10-5 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS/IN
GENERAL/WAIVER AND DEFERRAL OF FEES AND SENIOR
CITIZENS WAIVER," TO PROVIDE FOR A WAIVER OF CITY
PERMIT FEES FOR LOW INCOME HOMEOWNERS FOR
REMODELING OR REPAIR ACTIVITIES ON HOMESTEADED
PROPERTIES UP TO $50,000.00 OF THE COST OF
CONSTRUCTION WORK; 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: Joe Carollo, Commissioner
AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes
Note for the Record: For additional minutes referencing Item Number FR.5, please
see Item Number FR.1.
Chair King: And Commissioner Russell?
Commissioner Russell: Yes.
Chair King: FR.5?
Commissioner Russell: I would like to co-sponsor FR.5, but I had a question. What we
are establishing is not the elderly portion -- the senior citizen portion of the
exemption, if I'm correct. What we're adding to an existing ordinance just addresses
the low-income exemption, am I correct? The senior citizen one already existed, we're
not changing that at all. This adds low income to it. Yeah, I'd like to co-sponsor it.
Thank you. Thank you for bringing this Commissioner Reyes.
Chair King: Do I have a motion to move this item?
Vice Chair Carollo: Which one?
Commissioner Diaz de la Portilla: I'll move it.
Commissioner Russell: So moved.
Chair King: FR.5.
Commissioner Diaz de la Portilla: And I'd like to co-sponsor it also.
Chair King: Okay. Co-sponsor. And City Clerk, I'll co-sponsor it as well. So, all in
favor. Do I have a second?
Vice Chair Carollo: Yes.
Chair King: All in favor?
The Commission (Collectively): Aye.
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Chair King: Motion carries unanimously. That takes care of our first readings.
FR.6 ORDINANCE First Reading
11016
Department of
Housing and
Community
Development
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.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Alex Diaz de la Portilla, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes
Note for the Record: For minutes referencing Item Number FR.6, please see Item
Number FR.1.
END OF FIRST READING ORDINANCES
City of Miami
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BU.1
11477
Office of
Management and
Budget
BU - BUDGET DISCUSSION ITEM
BUDGET DISCUSSION ITEM
MONTHLY REPORT
I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES
(RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND
BUDGET)
II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT)
III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES)
RESULT: DISCUSSED
Commissioner Diaz de la Portilla: Madam Chair, before you break for lunch, I may
have an additional appointment later on today, but I have to make the phone call first
to make sure the person is available.
Chair King: Okay, I just want to remind the body that we have at 2: 30.
Commissioner Diaz de la Portilla: Yes ma 'am. It'll be quick.
Chair King: Okay.
Vice Chair Carollo: Ken.
Commissioner Russell: Yes sir?
Vice Chair Carollo: You moved out yet or not?
Commissioner Russell: No, still living in my home.
Vice Chair Carollo: Okay, well.
Commissioner Russell: 20 years.
Vice Chair Carollo: I know you're looking to get a place to rent. I could get you a real
good deal. And not a second toilet. You get five.
Commissioner Russell: Is it on Morris Lane?
Vice Chair Carollo: Five big bathrooms. Good deal.
Commissioner Russell: It's on Morris Lane? How much do you charge?
Vice Chair Carollo: The bill says it should be rented for $16,000. I'm going to give
you a deal.
Chair King: We're going to recess for lunch. This body will return at 2:30. -- special
meeting for redistricting. March 24th, 2022. 10-minute recess. 10-minute break. And
we'll come back at -- well come back at 6:15. 6:15.
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Commissioner Reyes: Okay.
Chair King: Mr. City Clerk, do we need to read anything into the record?
Todd B. Hannon (City Clerk): No, ma'am. I believe the next item would be BU.1 if
we're going in chronological order.
Chair King: D -- what did you say?
Mr. Hannon: B, Bravo Uniform dot 1.
Chair King: Oh, the budget. Hi Maggie.
Maggie Gouin: Chair, Vice Chair, Commissioners, Maggie Gouin, Budget Director,
this is the monthly update that do for year-to-date budget to actual projection for the
fiscal year. Can you bring up the presentation? I can always, Madam Chair, just go to
the bottom just to go through the summary.
Chair King: Give us the summary. Yes, please give us the summary.
Ms. Gouin: The summary is that through February, revenues are exceeding expenses
by $17.1 million. With that, there's some deficit that we need to take consideration.
Internal service fund, which is for workers' comp, and health insurance of $8.7
million. Also, the contingency reserve for our financial integrity principles, which is
our policies, that we have $5 million in reserve for emergencies, for storms, or
anything that is an emergency that needs to be used for. And also, we have
transportation trust, which is $2.1 million. We are to use only for transportation -
related items, which leaves us with the numbers to February of 2022 of a net surplus
of $1.4 million. Do I have any questions?
Chair King: Do we have any questions for -- do we have any questions on her report?
Commissioner Reyes: No. I already got my answers during the agenda prep.
Chair King: Okay, thank you.
Ms. Gouin: Thank you.
Vice Chair Carollo: Thank you.
Commissioner Reyes: Okay, you want me to repeat it?
END OF BUDGET DISCUSSION ITEM
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Meeting Minutes March 24, 2022
DI - DISCUSSION ITEMS
DI.1 DISCUSSION ITEM
11474
Department of
Resilience and
Public Works
A DISCUSSION ITEM FOR THE CITY COMMISSION REGARDING
A RESOLUTION PASSED BY THE CLIMATE RESILIENCE
COMMITTEE RECOMMENDING TO THE MIAMI CITY
COMMISSION AN ORDINANCE TO AMEND CHAPTER 2/ARTICLE
XI/DIVISION 18/CLIMATE RESILIENCE COMMITTEE, "SECTION 2-
1272 COMPOSITION; APPOINTMENT AND TERMS OF OFFICE OF
MEMBERS; FILLING OF VACANCIES." TO INCREASE THE
NUMBER OF VOTING MEMBERS OF THE CLIMATE RESILIENCE
COMMITTEE FROM NINE (9) TO ELEVEN (11) MEMBERS WITH
THE ADDITION OF TWO (2) MEMBERS BEING FROM THE YOUTH
POPULATION OF EIGHTEEN TO THIRTY (18-30) YEARS OF AGE
AND TO BE APPOINTED BY THE MAYOR.
RESULT: DISCUSSED
Note for the Record: For directive referencing Item DI.1, please see NA.2.
Note for the Record: For minutes referencing Item Number DI.1, please see
"Public Comments for all Item(s)."
Chair King: Joining me now are my colleagues, Vice Chair Commissioner Joe
Carollo and Commissioner Alex Diaz de la Portilla. Welcome. Good morning. Buenos
dias (Comments made in Spanish not translated). Gentlemen, do you mind if take an
item out of turn? 1 would like to -- I would like to address Discussion Item 1. May 1
have a motion to add two youth members to that?
Commissioner Russell: Madam Chair?
Todd B. Hannon (City Clerk): It is a discussion item, so I believe you would have to
amend the Code, if Pm not mistaken, Mr. City Attorney.
Mr. Min: That will require an ordinance change. Obviously, if the desire is of the
Commission to pass on first reading, that ordinance change, we can do that today.
Chair King: Okay.
Mr. Min: Or you can just do a discussion and a directive for us to bring something
back.
Chair King: Okay. Say that again Barnaby, whatever we need to do so I can get a
motion for that.
Mr. Min: So in order to add the two additional youth members to the board, it would
require an amendment to the City Code. The first option is, obviously if that is the
desire of the body, then you can pass a resolution directing our office to bring back
that legislation on the April 14th agenda. The other option, though, it's not, it's not --
Commissioner Diaz de la Portilla: The preferred option.
Mr. Min: It's not the preferred option, especially with the City Attorney whispering in
my ear. You could pass it on first reading as a pocket today, with second reading
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City Commission
Meeting Minutes March 24, 2022
come back in the future. But the desire, the better practice is to have a directive for us
to bring something back in order to properly notice it for the public.
DI.2 DISCUSSION ITEM
9171
Commissioners
and Mayor
A DISCUSSION REGARDING THE RECONSIDERATION OF THE
MOTORIZED SCOOTER PROGRAM.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes
Note for the Record: Item DL2 was deferred to the April 14, 2022, City Commission
Meeting.
Note for the Record: For additional minutes referencing Item Number DL2, please
see "Public Comments for all Item(s)."
Chair King: We are now on -- I think we have one item that we didn't address, that we
passed on? Let me see.
Commissioner Reyes: Nobody here for PZ's (Planning and Zoning)?
Chair King: Well, we haven't gotten to the PZ's yet.
Commissioner Reyes: No, no, no, but I'm wondering because I don't see attorneys.
Chair King: I do.
Commissioner Reyes: You do?
Chair King: Uh-huh.
Commissioner Reyes: Oh, oh, oh, okay. You were hiding behind the podium.
Chair King: All right, so we are on now DI.2.
Commissioner Reyes: That's yours Alex, right?
Commissioner Diaz de la Portilla: I know, yes, sir. I'm going to defer that item.
Commissioner Reyes: Defer it.
Commissioner Russell: Second.
Chair King: DI.2. So I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
Todd B. Hannon (City Clerk): And Chair, deferring the item to what date?
Commissioner Diaz de la Portilla: The next Commission meeting, why not?
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Mr. Hannon: April 14th.
Commissioner Diaz de la Portilla: Sooner or later we'll get there, I guess.
DI.3 DISCUSSION ITEM
11688 A DISCUSSION ITEM.
Commissioners
and Mayor
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Joe Carollo, Commissioner
SECONDER: Christine King, Commissioner
AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes
Note for the Record: Item DL3 was deferred to the April 14, 2022, City Commission
Meeting.
Chair King: Okay. Have we finished the agenda, Mr. City Clerk? Because I show that
we're on planning and zoning now.
Mr. Hannon: There is a DI.3.
Chair King: DI.3, I'm sory, discussion item.
Vice Chair Carollo: I think you all have had enough exciting for one afternoon. I
don't want to make it over exhausting. So, this could be rolled over for the next
meeting.
Chair King: Do I have a motion?
Commissioner Reyes: Move it.
Chair King: Second. All in favor?
The Commission (Collectively): Aye.
Chair King: Deferred to the next meeting. That would be April 14th.
END OF DISCUSSION ITEMS
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BC.1
11639
Office of the City
Clerk
BC - BOARDS AND COMMITTEES
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE AUDIT SELECTION COMMITTEE FOR TERMS
AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
S. Pete Chircut Commission -At -Large
Eugene Codner Commission -At -Large
Scott Simpson Commission -At -Large
Rodney Sobelson Commission -At -Large
ENACTMENT NUMBER: R-22-0132
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
Chair King: We have --
Vice Chair Carollo: We've got to get some lunch before we come back.
Chair King: And then we have a 2:30 meeting. I was trying to get through. I don't
think we will.
Victoria Mendez (City Attorney): And then there are two pockets.
Chair King: And then there are two pockets. Mr. City Clerk, do you have any board
appointments? We can get through the board appointments and then we'll break.
Todd B. Hannon (City Clerk): Yes, ma'am. BC. 1, Audit Selection Committee. For the
at -large seats, I have Rodney Sobelson, Scott Simpson, Pete Chircut, Eugene Codner.
Chair King: May I have a motion?
Commissioner Diaz de la Portilla: I move it.
Chair King: Second. All in favor?
The Commission (Collectively): Aye.
END OF BOARDS AND COMMITTEES
City ofMiami
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Meeting Minutes March 24, 2022
PART B: PZ - PLANNING AND ZONING ITEM(S)
PZ.1 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: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes
Chair King: Okay, and now we're on planning and zoning items. PZ.1 and its
companion, PZ.2. Could you read that into the record?
Victoria Mendez (City Attorney): PZ.1.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: PZ.2.
The Ordinance was read by title into the public record by the City Attorney.
Commissioner Reyes: Okay. Madam Chair?
Chair King: Yes.
Commissioner Reyes: Yes. This is Commissioner Diaz de la Portilla, and
Commissioner, when I met -- well, I want to make a disclosure. I met with a lady.
Commissioner Diaz de la Portilla: Yes.
Commissioner Reyes: When I met, I know -- well, your area and my area
Vice Chair Carollo: You better explain that.
Commissioner Reyes: Oh, in my office.
Vice Chair Carollo: No, no, no --
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Ms. Mendez: Ms. Marrero, just so that Chacha knows, with Marrero-Priegues.
Commissioner Reyes: Okay, we met about --
Ms. Mendez: And they met and discussed this project.
Commissioner Reyes: That's right.
Commissioner Diaz de la Portilla: Jenning's disclosure.
Commissioner Reyes: Okay, it's a Jenning's discussion. Okay, 1 know this area real
well. You know it real well.
Commissioner Diaz de la Portilla: Yes sir.
Commissioner Reyes: You see I used to have my office on Ocean Bank. And the only
thing that I ask, because you know we have -- and you also -- you have, it is your
district, behind us, behind 6th Street, you have a lot ofsingle family homes.
Commissioner Diaz de la Portilla: Neighbors are complaining, yes.
Commissioner Reyes: And what I ask is if they could, by all means, make the exit and
the entrance in the main thoroughfare, for example, entrance on 7th Street and exit on
42nd Avenue.
Commissioner Diaz de la Portilla: Yeah.
Commissioner Reyes: Yeah, instead of them going into the neighborhood.
Commissioner Diaz de la Portilla: I agree. And I think, Ms. Marrero, you probably
should have met with me, too, along the way.
Ines Marrero-Priegues: We reached out several times to set something up.
Commissioner Diaz de la Portilla: Okay.
Ms. Marrero-Priegues: And I'm sorry we didn't have an opportunity to meet. But we
did.
Commissioner Diaz de la Portilla: But I think you may have spoken to one of my
aides, I'm not sure, but I know in the briefing that you have surveyed the neighbors,
and what do they think about it?
Ms. Marrero-Priegues: We did. So just for the record, initially my name is Ines
Marrero. I'rn an attorney with the offices of 701 Brickle Avenue.
Commissioner Diaz de la Portilla: Well Marrero Priegues, right?
Ms. Marrero-Priegues: Marrero-Priegues, yes.
Commissioner Diaz de la Portilla: With an S.
Ms. Marrero-Priegues: Yes, it's all mine.
Commissioner Diaz de la Portilla: Commissioner Carroll it's with an S.
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Ms. Marrero-Priegues: No, I carry both names with much pride. It's my father and
Priegues is my mother's -- it comes from my mother's side.
Commissioner Diaz de la Portilla: I know.
Ms. Marrero-Priegues: She's very proud in heaven that 1 still use her surname.
Commissioner Diaz de la Portilla: That's good.
Ms. Marrero-Priegues: So this -- it's an important piece of property on Northwest 7th
and 42nd. And Lejeune has been vacant for several years across the street front the
Ocean Bank building. We deferred this item last time so we could have a meeting with
the neighbors. We held a meeting at De La Rosa restaurant and only one couple
showed up there. We sent notices to the property owners and the residents. So, homes
-- the notices of the meeting went to the tenants. Some of the houses there are tenant -
occupied. We send them notices. One neighbor came up. The concerns are really
mostly about what happens when the site is developed. They had issues with
construction. We explained to them how the construction of the project is going to be
staged and gave them assurances that we're going to give them a contact person so
that if there's any issues during the development with the construction workers
staging the cranes, parking on the swales, that they have somebody to contact. I told
them, you call the city, the city is going to be there because Code Enforcement is
always the first there. But I want you to call the developer and talk to us so we can
correct those issues. In addition, I did have the opportunity to meet with
Commissioner Reyes and he expressed a concern that I'm sure you two share through
the Chair, Commissioner Diaz de la Portilla, about traffic. And so we will add to the
covenant that we have proffered limits heights so that --
Commissioner Diaz de la Portilla: Three stories, right, is my understanding?
Ms. Marrero-Priegues: Pardon me?
Commissioner Diaz de la Portilla: It's three stories?
Ms. Marrero-Priegues: To three stories on the residential development.
Commissioner Diaz de la Portilla: On the residential side, right.
Ms. Marrero-Priegues: Right, and in addition to that, we will amend that covenant to
proffer that the owner will use best efforts in the design of any proposed development
to avoid driveways off Northwest 6th Street and Northwest 43rd Avenue.
Commissioner Diaz de la Portilla: 43rd and 6th Street?
Ms. Marrero-Priegues: Both Northwest 6th and Northwest 43rd.
Commissioner Diaz de la Portilla: Okay.
Ms. Marrero-Priegues: Because those become the cut -through streets for people to
then go into the neighborhood. So we're in agreement with that. Best efforts, because
it's Miami 21 and it's DOT's (Department of Transportation) roads, but we will work
in our design to make sure that the traffic cut -through is mitigated.
Commissioner Diaz de la Portilla: Okay. I move it.
Commissioner Reyes: I second.
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Meeting Minutes March 24, 2022
Chair King: Any further discussion? All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously. PZ.2.
Ms. Marrero-Priegues: PZ.2 is the companion item, so the first one was the --
Chair King: PZ.l and 2, we did all -- okay.
Commissioner Diaz de la Portilla: Yeah, yeah, 3.
Commissioner Reyes: PZ.3.
Chair King: No, 3 and 4 are deferred.
Commissioner Diaz de la Portilla: Deferred.
Chair King: 3 and 4 have been deferred.
PZ.2 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: Pass on First Reading
RESULT: PASSED ON FIRST READING
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 minutes referencing Item Number PZ.2, please see Item
Number PZ.1.
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PZ.3 ORDINANCE Second Reading
11082 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE
Department of
Planning MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN,
PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES
SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY
CHANGING THE FUTURE LAND USE DESIGNATION FROM
"DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED
COMMERCIAL" OF THE REAL PROPERTY AT 19 NORTHWEST 41
STREET AND 20 NORTHWEST 42 STREET, MIAMI, FLORIDA, AND
DENYING A CHANGE TO THE FUTURE LAND USE DESIGNATION
FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "GENERAL
COMMERCIAL" OF THE REAL PROPERTY AT 4136 NORTH MIAMI
AVENUE, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: King, Russell, Reyes
ABSENT: Carollo, Diaz de la Portilla
Note for the Record: Item PZ.3 was continued to the April 28, 2022, City
Commission Meeting.
Note for the Record: For minutes referencing Item Number PZ.3, please see "Order
of the Day."
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PZ.4 ORDINANCE Second Reading
11083 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE
Department of ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING
Planning ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
CHANGING THE ZONING CLASSIFICATION FROM "T3-L,"
SUBURBAN TRANSECT ZONE - LIMITED, TO "T4-L," GENERAL
URBAN TRANSECT ZONE - LIMITED, FOR THE PROPERTIES
LOCATED AT 19 NORTHWEST 41 STREET AND DENYING THE
APPLICATION FOR ZONING CHANGE FOR THE PROPERTY
LOCATED AT APPROXIMATELY 20 NORTHWEST 42 STREET FROM
"T4-L," GENERAL URBAN TRANSECT ZONE - LIMITED, TO "T5-O,"
URBAN CENTER TRANSECT ZONE - OPEN, FOR THE PROPERTY
LOCATED AT 4136 NORTH MIAMI AVENUE, ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: King, Russell, Reyes
ABSENT: Carollo, Diaz de la Portilla
Note for the Record: Item PZ.4 was continued to the April 28, 2022, City
Commission Meeting.
Note for the Record: For minutes referencing Item Number PZ.4, please see "Order
of the Day."
PZ.5 ORDINANCE First Reading
11307
Commissioners
and Mayor - PZ
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY
AMENDING TABLE 4, TITLED "DENSITY, INTENSITY AND PARKING,"
TO CHANGE THE AMOUNT THAT THE PARKING RATIO MAY BE
REDUCED WITHIN A TRANSIT ORIENTED DEVELOPMENT AREA
OR WITHIN A TRANSIT CORRIDOR; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Diaz de la Portilla, Reyes
NAYS: Russell
Note for the Record: For additional minutes referencing Item Number PZ.5, please
see "Public Comments for all Item(s)."
Chair King: PZ.5?
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Commissioner Reyes: Here she comes.
Chair King: PZ.5?
Commissioner Reyes: Here she comes.
Chair King: Hold on one second. Victoria, can you read this into the record, please?
The Ordinance was read by title into the public record by the City Attorney.
Victoria Mendez (City Attorney): Commissioners, right now, as this is drafted, it was
planning to only allow the 30 percent waiver, but I believe that Commissioner Carollo
wants to proffer an amendment so that all of them can still be allowed the 30, 50, and
100 percent, but by exception to City Commission, which is very different than just
someone just signing off on it internally.
Commissioner Reyes: Through the Chair, may I ask a question?
Chair King: Yes.
Commissioner Reyes: Those, I mean, low-income housing that, for example, seniors,
senior housing, and those also will -- are available. 1 mean, the reduction should, if
they have -- they're asking for a reduction in parking, it has to come to the --
Ms. Mendez: Right.
Commissioner Reyes: -- to the Commission and have an exception. Everybody must
have an exception.
Ms. Mendez: Right. So that's how it's being changed. Right now, the process, and
Director Snow can elaborate better than I can.
Vice Chair Carollo: (UNINTELLIGIBLE).
Commissioner Reyes: No, I know, but just in case. Because they don't need that much
-- because I agree with you on this.
Ms. Mendez.• So right now, it's done by a private way.
Commissioner Reyes: Excuse me, excuse me a minute. I want to make sure I know for
the record. I know and I heard a lot of people come in and say it's going to hurt them
and all the -- I mean, all the excuses. I do understand. But this is not a pedestrian and
a bicycle city. There is -- this is still automobile. We don't have -- we don't have not a
decent mass transit system. We don't have a mass transit system, period. And what's
happening, and maybe some of the people that came here, they don't live within the
city limits, and they don't suffer what people in some neighborhoods are suffering.
That you get a parking reduction and people still using their automobiles, but they
constantly park in front of their homes, on the swales, and there is a mess, you see.
And I know for a fact. I know that. I have an apartment building, and I have those,
remember; those strip shopping centers that they have very few parking spaces. Well,
those strip shopping centers, people that work there park in front of my house and in
front of everybody's house and -- and -- and even people that are going to patronize
those -- those business they park in front of -- in the neighborhood and that's what I
want to avoid, you see.
Vice Chair Carollo: That's exactly what I'm trying to avoid.
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Commissioner Reyes: Yeah. So that's why I support it.
Vice Chair Carollo: You said it very well. 1 go through Little Havana I'm sure if 1
went through Flagami and some of your neighborhoods, it would be the same, some
in Allapattah. And there's no room to park in the streets because already we have, and
certain in Little Havana, a percentage of buildings that were built in the 20s, the 30s,
the 40s, that are in these little small lots, three stories, they have 26, 30 plus units and
no parking. And then if we're going to keep doing the same with more under the
pretense that, oh, we're going to be making affordable housing and we're not. I mean,
unfortunately, there's going to be, you know, a lot of us smaller developers that are
going to make good money out of this. But it's going to create more problems for us
because we're not going to have the parking for these people. Now one of the things
that I'd be happy to consider later on, if we work it out with Off -Street Parking, that
we buy some lots and then within a certain area, they could build more, but they've
got to lease the space from the Parking Authority. But what we can't have is this free-
for-all that we're having right now. I mean, there's just no parking. And then when
you include the nighttime in some of our districts, mine maybe more than yours in this
case because I have an entertainment district, of the hundreds and hundreds of
people, not to say thousands, which is really the case, that come at night, especially
weekend nights, and have nowhere to park, my God, it's crazy for the people that live
in that area. You know I'm one of those. I see it. So now, the other thing that I would
add in this, that anyone that's had an application in progress will be grandfathered in.
That's only fair. You know, you can't change the rules after someone has started. And
I don't know how many projects there are. I hope it's not too many. But that's the only
thing that I would include.
Ms. Mendez: Right. So, our suggestion would be completed applications, like that they
have been reviewed and approved and those type of things, not necessarily --
Vice Chair Carollo: Yeah.
Iris Escarra: Good afternoon, everyone. Iris Escarra with offices at 333 Southeast
2nd Avenue. Complete applications is actually -- I was here because I wanted to make
sure I understand the Commission's purview to be able to change and that's fine. I just
wanted to vest because we have clients. I have an affordable housing project that's in
process. We've been at it for some time to pivot now to a different application. They'd
lose months, right? Most of my applications are in Commissioner Russell's District
with one in Commissioner King's District. I have none in your districts at the moment.
So we just wanted to make sure I have a complete application. We've uploaded an
application that's been reviewed. It's past pre-screen, but it's not yet fully approved.
So it's in process.
Vice Chair Carollo: Okay, but it's completed, what you're saying, the process.
Ms. Escarro: It's a complete application.
Ms. Mendez: The problem is that right now we have like hundreds in the pipeline. So I
have to figure out with planning what is completed for the most part.
Vice Chair Carollo: Okay.
Ms. Escarro: I've placed mine into the record for without doubt, because I always got
to make sure that my folks are clearly protected. We have an affordable housing
project.
Vice Chair Carollo: Well, we need to clarify what complete application is. Because at
the same time that I need to bring some order to this process, I also understand that if
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people have been acting in good faith going forward, you don't
under their feet like that.
Ms. Escarro: No, and they've already paid architects, filed plans,
been noticed, but they're not approved yet, they're in process.
pull the rug from
some of them have
Ms. Mendez: So between first and second, we're going to talk to
Zoning Departments and try and figure out what would be the
address Ms. Escarra's concerns.
Ms. Escarra: Okay. Thank you.
Chair King: Okay.
Vice Chair Carollo: Well this is, well this is a
Commissioner Reyes: Move it?
Vice Chair Carollo: I move it.
Commissioner Reyes: I second.
Chair King: Second. All in favor?
Vice Chair Carollo: Aye.
Commissioner Diaz de la Portilla: Aye.
inal -- yeah. Okay.
the Planning and
best threshold to
Commissioner Russell: I'm against on the first reading. I'll talk more as we go
through, but I am in favor of parking reductions. There's buildings downtown that
have zero parking and they're successful through the market. And in some respect, I
want to trust that they, wouldn't build it if they couldn't sell it. If they didn't have
sufficient parking for their residents where its correct. But where they're taking
advantage and not providing, and then this parking spills out in the streets, I agree
with you fully. So I'm a no for now, but I'm happy to discuss further.
Commissioner Reyes: Thev can come and have an exception and prove that they are
doing it.
Chair King: So we have any further discussion? We have a motion and a second.
Commissioner Russell: They already voted.
Chair King: And a yawn.
Vice Chair Carollo: (Speaking Portuguese not translated).
Commissioner Russell: (Speaking Portuguese not translated).
Chair King: Excuse me.
Commissioner Russell: (Speaking Portuguese not translated).
Chair King: Interpreter.
Commissioner Russell: (Speaking Portuguese not translated).
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Chair King: Todd.
Commissioner Russell: (Speaking Portuguese not translated).
Commissioner Reyes: (UNINTELLIGIBLE).
Chair King: Go ahead, Todd. What do you want to say?
Todd B. Hannon (City Clerk): Chair, Madam --
Commissioner Russell: You don't even want to know what we just said. I'm just
kidding.
Commissioner Reyes: (UNINTELLIGIBLE).
Mr. Hannon: Through the Chair, Madam City Attorney, the amendment that you
mentioned at 6:40 p.m. regarding a 30 percent waiver, is that in between first and
second reading or is that being amended now?
Ms. Mendez: We're doing it between first and second. I just wanted everybody to be
clear at first reading what we're planning to.
Mr. Hannon: So as is.
Ms. Mendez: Yes.
Chair King: So, (UNINTELLIGIBLE) no further discussion. All in favor?
Vice Chair Carollo: Aye.
Commissioner Diaz de la Portilla: Aye.
Chair King: Aye.
Mr. Hannon: 4-1.
Chair King: 4-1. Okay, and that will conclude our PZ items.
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PZ.6 RESOLUTION
10905 MAY BE DEFERRED
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION
Planning 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: Ken Russell, Commissioner
AYES: King, Russell, Reyes
ABSENT: Carollo, Diaz de la Portilla
Note for the Record: Item PZ.6 was deferred to the July 14, 2022, City Commission
Meeting.
Note for the Record: For minutes referencing Item Number PZ.6, please see "Order
of the Day."
END OF PLANNING AND ZONING ITEM(S)
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FL - FUTURE LEGISLATION
FL.1 ORDINANCE
11625
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 42/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TITLED "POLICE/TOWING AND
IMMOBILIZATION/BOOTING OF MOTOR VEHICLES", TO ADD
REGULATIONS TO PROHIBIT THE SOLICITATION OF WRECKER
SERVICES AT THE SCENE OF A TRAFFIC CRASH; CONTAINING
A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
RESULT: NO ACTION TAKEN
Note for the Record: For minutes referencing Item Number FL.1, please see
"Order of the Day."
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FL.2 ORDINANCE
11429
Department of
Human Services
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE XI/DIVISION 2/SECTION 2-887 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE") TITLED "QUORUM REQUIREMENTS; EXCEPTIONS,"
MORE PARTICULARLY BY INCLUDING THE MIAMI ARTS AND
ENTERTAINMENT COUNCIL ("MAEC") ON THE LIST IN SECTION
2-887(B) OF CITY BOARDS SUBJECT TO QUORUM
REQUIREMENTS PROVIDED FOR ELSEWHERE IN THE CITY
CODE; FURTHER AMENDING CHAPTER 2/ARTICLE XI/DIVISION
10/SECTION 2-1141 OF THE CITY CODE TITLED "PURPOSE,
POWERS AND DUTIES," MORE PARTICULARLY BY DELETING
FROM SECTION 2-1141(7) OF THE CITY CODE THE 501(C)(3)
CORPORATION PROVISION; FURTHER AMENDING SECTION 2-
1143 OF THE CITY CODE TITLED "MEETINGS; QUORUM AND
VOTING; ATTENDANCE REQUIREMENTS; PARLIAMENTARY
AUTHORITY; RULES OF PROCEDURE; MINUTES; ASSIGNMENT
OF STAFF; LEGAL COUNSEL; AND NOTICES AND FILING OF
RECORDS," MORE PARTICULARLY BY AMENDING THE MAEC'S
QUORUM AND VOTING REQUIREMENTS DETAILED IN SECTION
2-1143(B) OF THE CITY CODE; AND CREATING A NEW SECTION
2-1144 OF THE CITY CODE FOR THE MAEC TITLED "BUDGET
AND FINANCE"; ESTABLISHING A SPECIAL REVENUE FUND
ACCOUNT LINE TITLED "CITY OF MIAMI ARTS AND
ENTERTAINMENT COUNCIL"; AUTHORIZING THE CITY
MANAGER AND THE NECESSARY CITY DEPARTMENTS TO
CREATE THE NECESSARY BUDGETING AND ACCOUNTING
STRUCTURES TO ACCOUNT FOR THE MAEC'S FUNDS IN
ACCORDANCE WITH THE GENERALLY ACCEPTED
ACCOUNTING PRINCIPLES.
RESULT: NO ACTION TAKEN
END OF FUTURE LEGISLATION
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NA - NON -AGENDA ITEM(S)
NA.1 ORDINANCE First Reading
11748 AN ORDINANCE OF THE MIAMI CITY COMMISSION,
Commissioners and AUTHORIZING DEVIATIONS FROM THE STANDARDS FOR
Mayor "TEMPORARY BANNERS" SET FORTH IN CHAPTER 62/ARTICLE
XIII/DIVISION 8 OF THE CODE OF CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND
ZONING APPROVAL FOR TEMPORARY USES AND
OCCUPANCIES; PERMIT REQUIRED/TEMPORARY BANNERS,"
FOR SUCH PERMITS ISSUED WITHIN A PORTION OF THE
CENTRAL BUSINESS DISTRICT FOR DISPLAY IN CONNECTION
WITH THE MIAMI FORMULA 1 GRAND PRIX BETWEEN APRIL 15,
2022, AND MAY 15, 2022; ESTABLISHING TERMS AND
CONDITIONS IN ORDER TO REGULATE THE ACTIVITIES FOR
TEMPORARY BANNERS; PROVIDING FOR A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN IMMEDIATE 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, Carollo, Russell, Diaz de Ia Portilla, Reyes
Note for the Record: For additional minutes referencing Item Number NA.1, please
see "Order of the Day."
Chair King: Okay, so --
Todd B. Hannon (City Clerk): And before you move to the planning and zoning items,
we do have one pocket item, Commissioner Russell's Pocket Item. I don't know if you
want to wait until after the planning and zoning items.
Chair King: No.
Commissioner Russell: Happy to move it.
Chair King: We can take it.
Commissioner Russell: So moved.
Chair King: Motion to --
Commissioner Diaz de la Portilla: What is it?
Commissioner Russell: I'm sorry, it's meant to be passed out after the redistricting.
It's the FI item.
Chair King: A pocket iteni for the commissioner Russell.
Commissioner Diaz de la Portilla: The one I saw earlier?
Commissioner Reyes: What are we opposing?
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Commissioner Diaz de la Portilla: If it's a political --
Commissioner Reyes: What are we opposing?
Commissioner Diaz de la Portilla: Is it a political position for Washington?
Commissioner Russell: It's 10,000 square foot vote for Ken signs.
Commissioner Diaz de la Portilla: No.
Commissioner Reyes: I mean is it at Washington, 1 mean, it is a Congress law or is
that state?
Chair King: While we get acquainted with the pocket item, Madam City Attorney,
could you please read it into the record?
Vice Chair Carollo: You know, I kind of think of it after you made that statement.
You're not spending any of your money, I'm told. You know, I don't know.
Commissioner Russell: What's that?
Vice Chair Carollo: You're not spending, I'm told, any of your money that you're
collected.
Commissioner Russell: Why would I? The race isn't until August.
Vice Chair Carollo: Okay.
Commissioner Russell: I've got a staff They're working.
Vice Chair Carollo: Alright. You're not thinking that if you don't run, you're going to
borrow that to build a house in that empty lot are you? I hope not.
Commissioner Russell: I'm going to rent your house and run for D3 (District 3).
Vice Chair Carollo: I'm going to give you a good deal. Believe me. You'll be thrilled.
You can go to bathroom to bathroom, you know.
Commissioner Reyes: Are you going to give a --
Vice Chair Carollo: One every day of the week.
Commissioner Russell: I should have never brought up my bathroom. My wife is
killing me every time you mention it.
Commissioner Reyes: Are you going to give a --
Chair King: Yes, you should not have. Madam City Attorney?
Victoria Mendez (City Attorney): Yes, I just wanted to clarify, we're reading today an
ordinance on first reading that has to do with our temporary banner program.
Basically, this item is so that we can allow for banners like we have for the Super
Bowl in the past that are a little bigger than the ones that we allow now for temporary
events, and for a month instead of two weeks. We have to draft an ordinance because
we don't have the exception in the code. So we're going to do an ordinance for today,
.first reading, and then we will bring it back on 4/14.
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Chair King: Okay.
Vice Chair Carollo: The only thing that I'm not seeing here is everyone's going to
make money except the city.
Commissioner Russell: Oh, we will.
Vice Chair Carollo: How much is the City going to make?
Commissioner Reyes: How much are they paying for that?
Commissioner Russell: 1 believe they're --
Ms. Mendez: I don't have a payment structure.
Commissioner Diaz de la Portilla: $25,000 I think it is. Application fee is what I'm
reading.
Commissioner Reyes: It's an application fee?
Commissioner Diaz de la Portilla: Yeah of $25, 000.
Commissioner Russell: Per sign.
Commissioner Diaz de la Portilla: Per sign, yes.
Commissioner Russell: Per sign.
Commissioner Reyes: Okay. Where is that at? At the back of the page?
Vice Chair Carollo: They're giving you more of the campaign than that.
Commissioner Reyes: At the back of the page. Yeah, at the back of the page, Section
6.
Vice Chair Carollo: We're going to take less than Rosa is getting
(UNINTELLIGIBLE) --
Commissioner Diaz de la Portilla: It's an excess of 5,000 square feet. Is that many
signs are an excess of 5,000 square feet?
Commissioner Russell: I think their representatives should come up and represent this
because this is something that they --
Commissioner Diaz de la Portilla: Yes.
Vice Chair Carollo: Well, let me say this. There should be a percentage of whatever
they're paying. You know, whatever they're paying, there should be a percentage, hut
never less than the 25 that they're putting there. I mean, you'll have the opportunity to
lie to us as long as we don't catch you. But really, look, I don't mind your clients, you
guys. Where's the other guy, because there's another group that's representing here?
Francois Illas: Barry Rush or no?
Vice Chair Carollo: No, no.
Mr. Illas: Excuse me, I mean, Francois he is 33 in Northeast --
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Vice Chair Carollo: Yeah, yeah, yeah. You've been with Barry a long time. There's
somebody else that Barry had, or the --
Mr. Illas: Oh, Javier, Javier Fernandez?
Vice Chair Carollo: No, no, no, not him either. Boy, it's another one, I don't know
about.
Commissioner Russell: FI has --
Mr. Illas: Now I'm falling short of names, I apologize.
Vice Chair Carollo: Okay, well, all that I want to see is that it's going to be fair.
Mr. Illas: Of course.
Vice Chair Carollo: You know, this is 30 days. I want to be able to get a percentage
that's going to be higher than 25,000, I'm sure. A reasonable percentage. It could
even be maybe near as low as what you guys took for the wheel, not what I asked for,
butt still got him with the surcharge, so I was pretty close. So I was pretty close.
Commissioner Reyes: You got over 12 percent --
Vice Chair Carollo: Well no, no I wanted 25. I wanted 25, You guys cut a deal for
them at 10 and then they didn't realize that we had an 8 percent surcharge. So we
came pretty close.
Commissioner Reyes: Yeah, that's right. That was in your absence, I made that deal.
Commissioner Russell: I'm open to any --
Vice Chair Carollo: I know you made it late at night.
Mr. Illas: If between first and second reading we'll get back to you, we can get
through that, we're amenable to that.
Vice Chair Carollo: Okay, well you know we're going to put a percentage there.
Mr. Illas: Of course.
Vice Chair Carollo: So, tell Barry to come back with something reasonable. I think
he's a reasonable man.
Mr. Illas: Yes.
Vice Chair Carollo: Okay, and we'll add it in.
Mr. Illas: Good.
Chair King: Okay. All in favor?
Ms. Mendez: An ordinance --
Commissioner Diaz de la Portilla: Aye.
Vice Chair Carollo: Aye.
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NA.2
11749
City Commission
Todd B. Hannon (City Clerk): 1 need a motion and a title.
Ms. Mendez: An ordinance --
Commissioner Diaz de la Portilla: I'll move it.
Commissioner Russell: I already moved it.
Commissioner Diaz de la Portilla: I'll second it.
Chair King: Okay.
Commissioner Reyes: And I second the percentage.
Chair King: Read it.
The Ordinance was read by title into the public record by the City Attorney.
Commissioner Russell: Madam Chair, the fine print says they have to bring FI to
downtown Miami next year. I'm kidding, it doesn't.
Chair King: Okay, so all -- public comment. Is anyone here for public comment?
Seeing none, public comment period is closed. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
Mr. Illas: Thank you.
Vice Chair Carollo: Okay.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO
CHAPTER 2/ARTICLE XI/DIVISION 18/SECTION 2-1272 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS/CLIMATE RESILIENCE
COMMITTEE/COMPOSITION; APPOINTMENT AND TERMS OF
OFFICE OF MEMBERS; FILLING OF VACANCIES," BY
INCREASING THE NUMBER OF VOTING MEMBERS OF THE
CLIMATE RESILIENCE COMMITTEE FROM NINE (9) TO ELEVEN
(11) MEMBERS WITH THE ADDITIONAL TWO (2) MEMBERS
BEING CITY OF MIAMI RESIDENTS FROM THE YOUTH
POPULATION OF EIGHTEEN TO TWENTY-FIVE (18 — 25) YEARS
OLD WITH A STRONG INTEREST AND BACKGROUND OR
EDUCATION IN CLIMATE RESILIENCE TO BE APPOINTED BY
THE MAYOR; FURTHER DIRECTING THE CITY MANAGER TO
PRESENT THE AMENDMENT FOR CONSIDERATION BY THE
CITY COMMISSION AT ITS APRIL 14, 2022 CITY COMMISSION
MEETING.
ENACTMENT NUMBER: R-22-0127
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MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Alex Diaz de la Portilla, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Russell, Diaz de la Portilla, Reyes
NAYS: Carollo
Chair King: Okay, so may 1 have a motion to have the City Attorney's Office draft an
ordinance to include language to add two youth members to the Resilience
Committee?
Commissioner Diaz de la Portilla: I'll so move it.
Commissioner Reyes: I'll second.
Commissioner Russell: Second.
Commissioner Diaz de la Portilla: And 1 would like to ask you a question. Is there any
-- maybe the City Manager, is there anything right now that disallows that from
happening?
Commissioner Russell: The ordinance?
Commissioner Diaz de la Portilla: Who can name -- whoever can be named to the
resilience committee? Is there anything right now in law that does not allow that to
happen?
Arthur Noriega (City Manager): Not that I'm aware of.
Commissioner Diaz de la Portilla: If one of us wants to name someone who's 18 years
old, can we do that now?
Chair King: No, we've got to --
Commissioner Diaz de la Portilla: Okay, that's what 1 wanted to know.
Chair King: -- do what we're doing now. Okay.
Commissioner Diaz de la Portilla: Okay, well, I'm not sure about that.
Vice Chair Carollo: How many members do we have on that board?
Ms. Mendez: Can we clarify one little, that's a very good question. Todd, are there
vacancies right now on the resi -- on that committee? That's, I think, the question and
maybe they can appoint some today because I don't think there are any notice
provisions.
Mr. Hannon: Correct. I just need a moment to be able to -- because I just don't have it
with me right now.
Commissioner Diaz de la Portilla: Because my question, I'm sorry Madam Chair.
Chair King: Wait, let me answer his question.
Commissioner Diaz de la Portilla: I'm sorry, yes.
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Chair King: Commissioner, currently there are nine members and they're asking to
add two youth members. And they -- I want to do it while they're here.
Vice Chair Carollo: How long have we had this board? Mr. Clerk, how long have we
had this board?
Commissioner Russell: Eight years. Constituted in 2015.
Mr. Hannon: I would have to look through, I just don't know off the top of my head.
Vice Chair Carollo: Well, Pin just trying to figure out how this whole came about,
who brought these nice young people here today. Welcome, and why after 2015
someone realized that they want two seats for this board. It had nothing to do with the
Senate campaign, has it, Commissioner?
Commissioner Russell: Madam Chair?
Chair King: Commissioner Russell.
Commissioner Russell: Thank you very much. To allay your suspicions, no, I have
nothing to do with this discussion item. It was brought by the Climate Resilience
Committee on their own. And the first I heard of it was in my briefing. I'm happy to
sponsor it. We have precedent for this. The board was originally created as the Sea
Level Rise Committee in 2015. It was sunsetted by this board and reconstituted to
include a new seat for social justice. So we've done this before, we added a seat
before. But no, this has nothing to do with my United States Senate campaign.
Vice Chair Carollo: Thank you. Having said that, can someone explain to me the
makeup of the seven individuals that we have -- nine individuals that we have there
now?
(COMMENTS MADE OFF RECORD)
Vice Chair Carollo: I might want to see maybe a one -eyed drunken sailor there, too.
They might have a lot to say, but I don't know how many of those we have in Miami,
but Pm sure at least we have two or three.
Chair King: Ma'am?
Vice Chair Carollo: (UNINTELLIGIBLE).
Alyssa Farina: Hi, good morning. My name is Alyssa Farina. I'm the Assistant Chief
Resilience Officer for the City, and our office oversees the Climate Resilience
Committee. Currently, we have nine members, so we have no vacancies. We in the
past have had requirements for what the makeup of the committee should be, to your
point. We currently have an architect, a land use attorney, multiple scientists who
work with the University of Miami, developer -- developers, yes, and yeah, so science,
land use attorneys, developers, but nothing requiring youth to be a part of the board.
So that could be added as a qualification for the existing members to have youth
engagement as a permanent part. Right now, we have one individual, Nkosi, who is 29
years old, so he does meet that requirement, but it is not a part of the bylaws that this
is a requirement of the makeup of the committee.
Vice Chair Carollo: We do have someone that is fairly young there.
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Ms. Farina: He's on the bleeding edge of youth, but yes, he's 29 years old. And it's --
again, it's not a requirement of the makeup, it is just happenstance that he's on the
committee.
Vice Chair Carollo: Well, since this committee has been around since 2015, before I
came back from my hiatus, before at least three of us were here, four of us were here.
And, thank you, Chair. It's now that it's been realized that there has to be a need for
someone very young, which is fine. Youth can contribute in many ways. I was 24 when
I became the youngest commissioner. I'm told by the longest serving mayor that I did
contribute. I was also 18 when 1 became the youngest law enforcement officer in the
State so I can tell you that youth can contribute. However, after so many years pass
and I see what appears to be an organized effort with t-shirts that are the same that I
don't know who paid for, I have to wonder, is there some college professor that
maybe has organized this and a lot of these youth are part of a class or something?
Ms. Farina: They were organized by a local nonprofit, the CLEO Institute, they're all
together.
Vice Chair Carollo: Alright, it wasn't a professor, but like I figured it had to be
organized. So it was a nonprofit. Which is the nonprofit that organized it?
Ms. Farina: They're called the CLEO Institute. They've been advocating in Florida
for over 10 years.
Vice Chair Carollo: Okay, well --
Commissioner Diaz de la Portilla: Advocating what? In Miami or in Florida?
Ms. Farina: Starting in Miami and expanded to the rest of Florida.
Vice Chair Carollo: Okay, can you send me whatever information you have on them?
Because I'd like to find out a little bit more about them myself. Do -- we have a
requirement in this board that the people that we nominate that serve on the board
have to be residents, in other words, live in the City of Miami, even if they're renting
for_ free.
Mr. Hannon: Chair.
Vice Chair Carollo: Do we have a requirement?
Mr. Hannon: According to the Code, the committee shall consist of nine voting
members who shall be city residents, work in the city, own a business in the city, or
own real property in the city.
Vice Chair Carollo: Okay, so they should be residents of the city, or work in the city --
Commissioner Reyes: Or have a business.
Vice Chair Carollo: Or have business in the city --
Commissioner Diaz de la Portilla: Property, yeah.
Mr. Hannon: Or own real property as well.
Vice Chair Carollo: Okay, or own real property, not necessarily a resident. Do we
know how many of the nine members actually live in the City of Miami?
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Ms. Farina: Off the top of my head, 1 do not.
Vice Chair Carollo: Do you?
Mr. Hannon: It's hard for me to discern because it could be a business address or a
home address, so I couldn't tell you. I'd have to do further research.
Vice Chair Carollo: Okay. We should on every one of our boards, because one of my
concerns is that the real people that pay the bills are getting shafted in a lot of the
boards and say so that we have in the city. And we're getting a lot of people that don't
live in the city that are activists or have special interests that we're getting in boards.
And the ones that we should try to put in boards are residents of our city. For
instance, Madam Chairman, I guarantee you, and I'll bet the barn of this and the
farm, that if we go through the boards, you're going to find that there are extremely
few, few people from your district, my district, and District 1. I would even doubt if
District 4 would fall into that. And most of the people that get a phone in come from
District 2 or they don't live in the City of Miami. And you know I think we have to go
back to the foundation of the city. Why should people that live in Pinecrest, in Coral
Gables, in Aventura, be telling us how to run our city? So we -- we have to find some
balance to that. But having said that, there is a member that's young, under 30, of the
nine members in the board. You know sometimes you add on too many people, you
know like those who want to have seven, nine, thirteen commissioners, then it gets out
of hand. Some might say that Miami -Dade County Commission, when it had a lower
amount, you know was a lot more workable. And you didn't have many, and probably
none, transplants that do bike lanes and take two full lanes of traffic and if you find
one bike that goes every day you win the lottery. And these are the ideas that worried
me when we put people from other areas on boards. Now, I'm sure that there are
many, youth who want to serve from Little Haiti, Liberty City, Overtown, Little
Havana, Silver Bluff; Shenandoah, the Roads, Allapattah, Flagami, that we could go
to, and beyond. But 1 want to make sure that if we're going to expand any boards, that
there's a sound reasoning for it. Not because it seems popular. you know, I'm going to
be a good guy and get a few smiles and, "Hey, go, go Joe. " I want to make sure that
it's got the right foundation. And then the people that we're putting in are going to be
people that are truly residents and are not going to be manipulated by any professor
from a class or any non-profit that we don't know who's behind them. We don't know
who's funding them, we don't know what their agenda is behind it. Thank you.
Commissioner Reyes: Madam Chair if I may?
Chair King: I think Mr. -- Commissioner Diaz de la Portilla had a comment.
Commissioner Diaz de la Portilla: I had a comment, but I think Commissioner
Carollo covered a lot of the concerns that I had. I agree, you know, it's called
packing. When you take a committee and you don't like how they're moving in a
certain direction, you add additional members. It's called packing. And you add
people from a particular nonprofit. I don't know, it may be a good nonprofit. I have
no knowledge of the CLEO Institute. I don't know their background. I don't know what
the motivation is behind this. And I do agree with you, Commissioner Carollo, that it
should be people from Miami, people that live and pay taxes here. Because this is a
representative democracy, right? We are all elected from different districts, so we
should have people that are part of our community, of our city. Not people from other
places coning to by to come, perhaps, and now I'm not saying that's the reason, but
perhaps with a different agenda. And I think it's important that we focus on naming
people from Allapattah, from Overtown, from Liberty City, from different parts of the
city, where people that really, really know our community are part of our community.
The second thing that I want to talk about is the lack of detail from our City official on
not knowing the composition of this board. And you have to get back to us on
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something that is before this body. Why do you not know who they are and whether
they live in the city or not?
Ms. Farina: I can tell you all of their names. I don't know their permanent addresses,
but we have two City officials, Jose Regalado and Chief Javier from Emergency
Management. Reynaldo Borges, he's a local architect. We have an individual,
Rodrigo, who works with Swire Properties. We have Avra Jane, local developer. Amy
Clement and Patrick Rin, who are the chair and co-chair of the committee. They're
both Grove residents and work fbr the University of Miami, and who am I forgetting.
Oh, Wayne Pathman, who was the chair for many, many years. He's a land use
attorney. And there's one individual that I, oh, and Nkosi Muse, who is a PhD student
from the University of Miami, who is the social justice, social involvement appointee
to the committee. And all of the members on the committee, they are appointed by you
all and the Mayor.
Commissioner Diaz de la Portilla: Right. And what's a social justice member? How
did that come about? How do you fall into that category?
Ms. Farina: This is someone who has expertise in equity and their role is to think
about, you know, our residents, like you said, in Allapattah, in Overtown, in Liberty
City, and make sure that their voices are brought forward. So they're -- that person is
appointed to just really advocate on the behalf of our low-income, low to moderate
income communities.
Commissioner Diaz de la Portilla: Isn't that what we're supposed to be doing when we
name people to these boards?
Ms. Farina: Can you repeat the question?
Chair King: Yes, that's what we do when we name people to these boards. I think
Commissioner Reyes --
Commissioner Diaz de la Portilla: But I'm not done yet, Madam Chair.
Chair King: You're not --
Commissioner Diaz de la Portilla: Allow me, because you allowed Commissioner
Carollo and everybody. Allow me to ask my questions, if you don't mind.
Chair King: Go right ahead.
Commissioner Diaz de la Portilla.• Thank you. So the question becomes, no, next to
last question. Can we appoint whoever we want right now?
Ms. Farina: So they -- yes, sir, go ahead.
Commissioner Diaz de la Portilla: Irrespective of age, over 21 or 18, whatever,
according to City Charter?
Ms. Farina: There is no language dictating age in the bylaw. In the -- in the past there
has been language dictating what type of expertise should be on the committee. I'm
not quite sure if the bylaw still includes that language, but there is no age limitation
on the appointees to the committee right now, and everyone has a term.
Commissioner Diaz de la Portilla: There is no minimum age requirement right now?
Ms. Farina: There is no minimum or maximum age.
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Commissioner Diaz de la Portilla: Of course, because that would be illegal, right?
So, Madam Attorney, final question. Madam Attorney, are we able to name, if I want
to name a member to that committee today, can I do that? Or after we pass this on the
14th, I think it is?
Ms. Mendez: Right now, your committee is full. You have all nine people.
Commissioner Diaz de la Portilla: Right. I haven't named a member, so that's why I
want Todd to know -- to tell me, so I can know.
Mr. Hannon: Yes, sir. If you wanted to appoint someone today, you could. Yes, sir.
Commissioner Diaz de la Portilla: Okay, so I can appoint some -- I can appoint. I
may want to do that shortly. Is that okay with you, Madam Chair?
Ms. Farina: Your current appointee would vacate, though.
Commissioner Diaz de la Portilla: Of course.
Mr. Hannon: The current appointee is a holdover from the previous commission.
Commissioner Diaz de la Portilla: Yes, from the previous administration. So I have --
you know, so before we start stacking a committee, let me get my appointment in,
which I'll probably try to do today. And I promise to be somebody who's young and
because -- nothing precludes me from doing that right now.
Ms. Farina: The ask here is just to make it a --
Commissioner Diaz de la Portilla: That I'll make it somebody from Allapattah, from
District 1, the district that I represent.
Ms. Farina: Of course.
Commissioner Diaz de la Portilla: And I know that every commissioner here would
like to do the same thing. People that are -- live in our city, not that own businesses,
but that live in our city and pay taxes in our city, and if you want the person to be
young, I agree. I think there's a lot of value in youth. I started in politics when I was
14 years old. And Commissioner Carollo gave -- I was elected when I was 26 to the
State House of Representatives. Commissioner Carollo was the youngest, I think the
youngest commissioner ever. So I think -- and of course Commissioner Reyes
represents the oldest one here in this dais --
Commissioner Reyes: Absolutely.
Commissioner Diaz de la Portilla: -- so I think having people of all ages --
Commissioner Reyes: Absolutely. I'm the oldest -- the oldest -- the oldest --
Commissioner Diaz de la Portilla: But there's a lot --
Commissioner Reyes: -- the oldest person that -was selected commissioner of the City
of Miami, I'm real proud of it.
Commissioner Diaz de la Portilla: Yeah. And well I'll tell you, with age comes a lot of
wisdom, a lot of experience in real life, in the real world. I think young people should
take that to heart. Age brings wisdom and experience, and that matters. A lot of the
good decisions that are made are made by people who have been through a lot of
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things and understand our community, especially people from here, and want to do
the best for Miami. So it's important to have young people, but it is also important to
have experienced people and people with knowledge and people who have lived life a
little bit more. But a young person can add a different input, a different vigor, I agree
with that too.
Ms. Farina: Yes, so the ask is just to make it a permanent part of the committee in
some way, so that way when you all leave your positions, that that point of view is not
lost.
Commissioner Diaz de la Portilla: Of course.
Chair King: Thank you. Commissioner Reyes.
Commissioner Diaz de la Portilla: Thankyou, Madam Chair. Thankyou.
Chair King: You 're welcome. Commissioner Reyes.
Commissioner Reyes: Can I have my turn now?
Chair King: Yes, please.
Commissioner Reyes: Oh my God. Okay, I'm going to be brief. I have a couple of
questions. You said -- ma'am, don't go away. You said there is no age limit. I mean, it
has to be over 18, right?
Ms. Farina: Over 18, yes.
Commissioner Reyes: Over 18, okay.
Ms. Farina: So, yes, that is the minimum.
Commissioner Reyes: Okay, okay. You know, I'rn old, but I was young once. And I
remember that all my life I've been very active, you see, on social issues, while I was
at OF (University of Florida), I was very active and all of that. And I welcome, I
really welcome, I encourage the youth to participate, not only in these committees, but
to participate in politics. Be aware of what's going on. Be aware of who's going to be
elected. What are those people, I mean, are they qualified? What are they promising?
But be always active, because it is your future. And I was very active when I was
young, a long time ago, but I was very active. I'm still active. And therefore, I -- I
support, Pm making it, you see, those two positions, that they should be between a
certain age, they should represent our youth, you see. And that's why I'm in favor of it.
There are 9, there are going to be 11. If they have a problem now with having quorum
for nine, it's not going to be much different having two more you see. But I do agree
that they should be City of Miami residents you see. Or they should have businesses
here. But young people, you're not going to have businesses because most of you are
students. I encourage you also to keep on going to school you see. I'm also a teacher,
you see, and that's why I have to preach all the time that I get a chance. But I -- keep
on studying, but keep on aware -- being aware what we are doing and what it is, I
mean, everything, all the issues that affect you and affect the community. And
therefore, I would support the -- including two young members. And I would -- the
only thing that I'm concerned, it is what kind of constraints would place -- we would -
- would be placed to those two members that they keep on, I mean anybody that, that
we always going to have some young members that they will bring their concerns and
their ideas to the -- so I don't know how we're going to do it, but I encourage you guys
to participate and I support, including two young members. And congratulations and
thank you, for coming.
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Chair King: Thank you, Commissioner. Thank you, Commissioner Reyes.
Commissioner Russell.
Commissioner Russell: Thank you, Madam Chair, and I'll be quick. A question for the
Clerk. So the current holdover seat for District 1, is that required to be a specific
criteria of applicant?
Mr. Hannon: Yes, it's under the economics category. However, we can do some
shifting. We could work with the Climate Resilience Committee if we need to when it
comes to these designations.
Commissioner Russell: All right. I'm inclined to co-sponsor with Commissioner Reyes
either a resolution directing or a first reading ordinance today. I'm open to either
one. I'll leave it to Commissioner Reyes.
Mr. Hannon: I do have you as the seconder to Commissioner Diaz de la Portilla's
motion to direct the City Attorney to bring back an ordinance for the 4/14 City
Commission meeting to add the two youth members.
Commissioner Reyes: And I support it --and I second it.
Commissioner Russell: Alright so -- so --
Mr. Hannon: There's already a motion and a second.
Commissioner Russell: -- I'm happy to co-sponsor that when it comes back. What I
would like to add and recommend hearing everyone on the dais is that it be 25 and
under. I think 29, you know, then you're looking really at the college -age youth and
that way it'll -- and also restricted to a City of Miami resident, even though the other
seats include board members that could be working in the City of Miami, but not a
resident. And if it's the will of this board, we could convert. This would be a
reconstitution of the entire board. Am I correct? This ordinance, the way we did it last
time, had to be sunsetted and reconstituted. We couldn't just add two seats before.
Mr. Hannon: No, it's a simple amendment.
Commissioner Russell: To add two seats?
Mr. Hannon: Yes.
Commissioner Russell: Okay.
Commissioner Reyes: That's all it is.
Commissioner Russell: That's easy then. It was much more complicated last time we
did it.
Chair King: Okay.
Commissioner Reyes: And if you don't want 25, you think it's too high, you can make
24, whatever, but it has to be within an age limit.
Chair King: Okay.
Commissioner Reyes: That's what I would like.
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Chair King: Okay. I'm clearly in support of adding the two seats for youth members. I
also support that they should be residents of the City of Miami, and 1 would reduce
the age as well from -- I will limit the age between 18 and 24, 25. 1 don't have a
preference between 24 and 25. But I love that they came out today and they spoke so
passionately. And we have to encourage our young people to be involved. And that is
how we keep our pulse on what's happening. And let's remember, guys, they're all our
appointments. So we do have some say in who serves on this committee. So I do have
a motion and a second, I believe. Vice Chair, you said you wanted to make another
comment?
Commissioner Diaz de la Portilla: Well, it's nay motion, so I just want to accept the
amendment and 1 accept it.
Vice Chair Carollo: The comment that I wanted to make was twofold. Thank you. It's
a two -fold comment. One, it's a nine -member board. We add two more and one word
that Commissioner Diaz de la Portilla made keeps ringing in my ear, stacking. Now
the balance has shifted greatly to one group over every other category that we have
there that only had one person. Then, my secondary concern is, we're doing this on
this board. Are we going to discriminate with all the other boards we have and not do
the same? Are we going to discriminate with all the other boards we have and not do
the same? Are we not going to decide that besides youth, we should have X amount of
members of this racial group, this religion, this ethnicity, and start breaking it up even
more? That's you know a legit series of questions that I'm asking. Why this board
only? Has this panel of nine that we have, what have they done since 2015 when they
were formed that this non-profit decided to organize people and wanted to stack two
individuals on the board. And, you know, I'm not ready to vote for this until I get more
information on how this came about, who are the people behind it, who's funding
them, number one. Two, until the administration can, and for that matter, when I'm
saying the administration, it's probably more legal than the administration, can
explain to me where does this put us with other boards? Are we going to have people
coming to us wanting to change drastically? Because when you have only nine
members and you're putting two others, that's a drastic change. Are they going to
want to change other boards too? And again, why only this board that we're going to
make this special category? I would say the more intelligent way of going about it is
that in the nine different categories that we have, we look to see how we could change
or make one of those into what is being requested instead of putting two more. But --
Commissioner Reyes: Madam Chair.
Vice Chair Carollo: -- you know I'm only one and I'm expressing my ideas. But I do
want to give a very personal opinion. I do believe very, much in climate change. Our
world is changing drastically as we knew it. So in no way am I one of those that's the
denier, you know that the climate is not changing. At the same time that I think we
have to move forward and be responsible to the future of our city and future
generations. Most of what's going to happen, it's not going to happen tomorrow or the
next day, even though there are areas that we're seeing some change already in that is
affecting us. But you know what? I can't help but to think while sitting up here that I
hear so much of this, the world's coming to an end right away with climate change
and we have to do everything tomorrow. And I look at what is happening in Ukraine.
Do you think the people there are making or should make priority climate change?
Do you think that the other threats that our world is facing, when you hear a war
criminal, a thug like Vladimir Putin, threaten with nuclear weapons. When you hear
our own President saying that Russia could use biological or chemical weapons
anytime, or that we need to be prepared because we're going to be attacked by Russia
through the Internet, they're going to cyber-attack us. I will tell all of :you that those
are immediate, dire threats right now that we're facing, and those are real. And I
would suggest to all of our residents here and beyond that we should all be looking at
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the immediate threats that we face that could change our lives tomorrow, where no
one's going to then be talking about climate change, because I will tell you, the
Russians, the Chinese, and to some extent the Iranians, maybe a lesser extent the
North Koreans, they have the ability through the Internet, that wonderful Internet
that's the best thing and worst thing that man has created, they have the ability right
today, if they want us, to bring America to its knees. And we have the same ability to
do that to them. And what am I talking about? They could knock off a tremendous part
of our power grid, water plants, where it's not going to be like a hurricane that two or
three days we don't have lights and we're screaming, complaining, demanding that
FPL has to give us lights immediately. You're not going to have lights Jroweeks and
weeks and months, and the first that will be dying are going to be the elderly, and so
on and so forth. And you think that the rule of law is going to apply? No. You're going
to have mass chaos out in the streets. And that's without nuclear. Yeah, laugh, guys. I
know. That's not what they teach you in school. But this is a reality. But you guys are
going to be the ones who will suffer the most, the ones that are laughing out there.
You know what, just to make your day, and you could laugh a little more on your way
home, I'm going to give you something so you could think about when you go to bed
tonight, worrying about that we're going to drown tomorrow with climate change.
Some years back, while I was taking what I can't take any longer, while I'm here, a
vacation, I was with a friend of mine in the middle of the Amazon River, in the yacht
of a very important person in the country we were in. And this friend of mine was the
top intelligence officer in that particular area of the world for our country. And at the
night, he expressed to me a concern that he had that was worrying him a lot. That he
had to finish the report that he did recently at the time, that he was one of many that
had to write about it. If Iran had gotten through, through our border into the US,
eight nuclear suitcases that supposedly they had gotten when the Soviet Union broke
up and bought from one of those countries that, the stands that broke away from the
Soviet Union. And he told me that he wrote in his report that from his point of view, in
what he knew, there was a limited source, he didn't think that it happened. But he told
me, in reality, I don't go to bed a single night thinking, did they get those nuclear
suitcases into our country or not? And the reasoning for Iran trying to get them
through was that they wanted to have them here in different sleep -- sleeper cells, so if
we ever attacked them, they would blow up eight of our cities. Now, I would also tell
you that at the time he gave me the name of the eight cities that they were looking to
bring the cells in, and one of them, boys and girls, was Miami. So, let's hope that he
was correct and it never happened. Because then, none of you are going to have to
worry about climate change. Because you are not going to be around to worry about
climate change. So go ahead and laugh tonight. Thank you.
Chair King: Okay. Last three minutes, Commissioner Reyes. Do you have anything
else? No? Anyone else then?
Commissioner Reyes: Just call a question.
Chair King: Call a question.
Commissioner Diaz de la Portilla: Hold on. Clarification.
Chair King: Clarification.
Commissioner Diaz de la Portilla: I made the motion and I believe Commissioner
Reyes seconded -- hold on, seconded the motion. You wanted to change it, Madam
Chair, to add 25 years of age, right?
Chair King: 18 to 25.
Commissioner Diaz de la Portilla: 18 to 25. Sorry, 25 and under.
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Chair King: And Miami residents.
Commissioner Diaz de la Portilla: And Miami residents.
Chair King: Yes.
Commissioner Diaz de la Portilla: But the only purpose of the motion is to bring it
back, correct, on April 14th to discuss, not to approve it. And we can have the debate
that Commissioner Carollo and I want to have about the merit of adding stacking to
particular boards, because it is the law of unintended consequences. It could happen
with other boards. And all of a sudden, we start shifting the balance of power in these
boards. And the reason why they exist is to create a balance of power within the
existing boards to recommend to us the best, from different points of view, the best
possible solution to a lot of the problems that we face in the city. So the only purpose
of the motion is to bring it back on April 14th, not to in any way, shape or form, to say
I'm going to support it when it comes back on April 14th. Only --
Chair King: No, no --
Commissioner Diaz de la Portilla: -- but to -- and to bring it back, but to bring --
please --
Chair King: Well, let me, I'm going to clam what you're saying --
Commissioner Diaz de la Portilla: But to bring it back with your amendment, with
your amendment that it be 18 to 25 --
Chair King: It's to bring it back in ordinance --
Commissioner Diaz de la Portilla: To bring it back in ordinance --
Chair King: -- to create the two --
Commissioner Diaz de la Portilla: -- that includes your amendment --
Commissioner Reyes: To be discussed.
Commissioner Diaz de la Portilla: from 18 to 25.
Chair King: Yes
Commissioner Diaz de la Portilla: And City of Miami residents --
Chair King: Yes
Commissioner Diaz de la Portilla: To add that to my motion --
Chair King: Yes
Commissioner Diaz de la Portilla: -- and that's --
Chair King: Yes
Commissioner Diaz de la Portilla: -- we can still have that conversation when --
Chair King: Yes.
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Commissioner Diaz de la Portilla: Okay. That works.
Commissioner Reyes: Madam Chair, and that is what I second. And I -- I mean, this is
not final what we're doing to do --
Chair King: Right. No, because what we have to do change the ordinance.
Commissioner Reyes: We're going to bring it hack and if we can reform --
Chair King: Right. Yes.
Commissioner Reyes: But we are going to discuss anyways --
Chair King: Yes.
Commissioner Reyes: -- including --
Chair King: More discussion.
Commissioner Reyes: -- more --
Chair King: Yes.
Commissioner Reyes: -- young- I mean two young persons and --
Chair King: Yes. Yes. Yes.
Commissioner Reyes: Okay.
Commissioner Diaz de la Portilla: Clarified.
Chair King: No. Victoria wants to further clarify.
Ms. Mendez: I just wanted to clarify that right now, as drafted, it's these two extra
members to be appointed by the mayor. So did you want -- I just wanted you to know,
and it could be changed at that time if, based on the appointment discussion that
you've been discussing.
Chair King: Yes. That's fine. That's fine.
Commissioner Reyes: Madam Chair, that is the point of discussion also. How those --
if we add two members, how they are going to be -- who is going to be appointed and
I mean in order to avoid stacking.
Chair King: Okay. Okay.
Ms. Mendez.: And lastly, since you put the residency requirement, that's for every
member, right? Because as right now it's drafted, it's if you work or live or have a
property. And so did you want the residency for everybody or for just those two extra
members? That's the only thing I wanted to clear.
Chair King: We'll discuss that when it comes back. We'll discuss that when it comes
back.
Ms. Mendez: Okay.
Chair King: All in. favor?
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Commissioner Diaz de la Portilla: Aye.
Commissioner Russell: Aye.
Vice Chair Carollo: No.
Chair King: Aye. It's 4-1. Thank you. Okay. First hurdle you guys. First hurdle. Thank
you.
NA.3 RESOLUTION
11750 A RESOLUTION OF THE MIAMI CITY COMMISSION
Office of the City DIRECTING THE CITY MANAGER TO PROVIDE THE CITY
Clerk COMMISSIONERS INFORMATION REGARDING ALL
AVAILABLE FLORIDA INLAND NAVIGATION DISTRICT
("FIND") GRANT APPLICATIONS PRIOR TO ANY FIND
GRANT APPLICATION BEING PLACED ON A CITY
COMMISSION AGENDA TO HAVE INPUT FROM EACH
ELECTED OFFICIAL ON WHICH CAPITAL PROJECT(S) TO
PRIORITIZE ON AN ANNUAL BASIS.
NA.4
11754
Office of the City
Clerk
ENACTMENT NUMBER: R-22-0128
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Ken Russell, Commissioner
SECONDER: Christine King, Commissioner
AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes
Chair King: I'm going to second Commissioner Russell's resolution.
Vice Chair Carollo: Okay, there's a motion, there's a second. Is there any further
discussion?
Chair King: All in favor?
The Commission (Collectively): Aye.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER,
QUEER ("LGBTQ") ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE:
Cristobal Valentino
ENACTMENT NUMBER: R-22-0133
NOMINATED BY:
Commissioner Christine King
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Meeting Minutes March 24, 2022
ADJOURNMENT
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Alex Diaz de la Portilla, Commissioner
AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes
Todd B. Hannon (City Clerk): And Chair, I have one non -agenda board appointment
to the LGBTQ (Lesbian, Gay, Bisexual, Transgender and Queer) Advisory Board.
Chair King will be appointing Christobal Valentino.
Vice Chair Carollo: Move.
Commissioner Diaz de la Portilla: I'll second it.
Chair King: All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries.
Mr. Hannon: Thank you, Chair.
The meeting adjourned at 6: 53 p.m.
City ofMiami
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