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HomeMy WebLinkAboutCC 2024-02-22 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, February 22, 2024 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 Miguel Angel Gabela, Commissioner, District One Damian Pardo, 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 February 22, 2024 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo, Commissioner Gabela, Commissioner Pardo and Commissioner Reyes On the 22nd day of February, 2024, 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 9:24 a.m., recessed at 12:23 p.m., reconvened at 3:10 p.m., and adjourned at 4: 55 p.m. Note for the Record: Commissioner Reyes entered the Commission chambers at 9:27 a.m., Commissioner Gabela entered the Commission chambers at 9:31 a.m., and Vice Chair Carollo entered the Commission chambers at 9:57 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: At this time, we are going to begin our meeting with prayer. We have Pastor Goodwill today that is going to honor us with prayer. Invocation delivered. Chair King: Thank you, Pastor. And at this time, Mayor Suarez, would you lead us in the Pledge of Allegiance, please? Pledge of Allegiance delivered. Chair King: Thank you. (COMMENTS MADE OFF THE RECORD) City of' Miami Page 1 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 15629 Honoree Presenter Protocol Item William A. Juliachs Mayor and Commissioners Proclamation Dominican American Heritage Week Mayor and Commissioners Proclamation RESULT: PRESENTED 1) Mayor Suarez and Commissioners presented a Proclamation to City Attorney William A. Juliachs in honor and recognition of his retirement after seventeen (17) years of service, where he focused exclusively in the area of workers' compensation law. Under his guidance, Mr. Juliachs ensured that the Office of the City Attorney, the Department of Risk Management, and the third party administrators communicated effectively and efficiently. He further ensured that all three entities worked diligently and proactively together to investigate claims, all while timely providing workers' compensation benefits and ensuring compliance with statutory, ethical, and collective bargaining obligations, while eliminating undeserving or fraudulent claims according to best practices in the workers' compensation industry. Furthermore, in his seventeen (17) years litigating workers' compensation cases for the City, Mr. Juliachs never lost a substantive evidentiary hearing on his assigned matters. Elected Officials paused in their deliberations to honor Mr. Juliachs and wish him the best in his future endeavors. 2) Mayor Suarez and Commissioners presented a Proclamation in recognition of Dominican American Heritage Week. Migration from the Dominican Republic to many parts of the United States began in the 1960s with the United States receiving an immense amount of talented and skilled newcomers, who sought to pursue the American dream. The continued relationship between the United States and the Dominican Republic has created immense cultural and economic opportunities for the City of Miami and the residents of the City of Miami through international trade in goods, economic investment, and the contributions of immensely talented people. Elected Officials paused in their deliberations to celebrate the Independence Day of the Dominican Republic and the invaluable economic, social and cultural contributions of Americans of Dominican descent in the entire city. Chair King: It is a pleasure to be here with you. We're going to get started. We're going to start the day recognizing some individuals for outstanding accomplishments. I can't look, is this a prize? The Mayor, our Mayor, Francis Suarez, is going to do the recognitions for us today. Good morning, Mayor, how are you today? Oh, wonderful. Anybody in here did yoga before they came to work? I -- I'm in a great mood. I'm like high, I'm high on life. So, we're going to have a great meeting today. Let's start with our recognitions. Presentations made. City of Miami Page 2 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 ORDER OF THE DAY Chair King: At this time, our City Attorney will read her statement into the record. Madam City Attorney? Victoria Mendez (City Attorney): Thank you, Madam Chairwoman. Good morning. Detailed information about the process, order of business, rules of procedure, scheduling, rescheduling of City Commission meetings can be found in Chapter 2, Article 2 of the City Code, a copy of which is available online at www.municode.com. 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 City related requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the code section about lobbyists is available in the City Clerk's Office or online at www.municode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this City Code section is available at the Office of the City Clerk or online at www.municode.com. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing any consideration provided or committed to anyone for agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. In accordance with Section 2-33(f) and (g) of the City Code, the agenda and the material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at www.miamigov.com. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission unless modified by the Chair. Public comment shall begin at approximately 9:45 and remain open until public comment is closed by the Chair. Members of the public wishing to address the body may do so by submitting written comments via the online public comment form. Please visit www.miamigov.com/meetinginstructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment form have been and will be distributed to elected officials, their staff, and City Administration throughout the day so elected officials may consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to elected officials, their staff, and City Administration up until the Chair closes public comment. Public comment may also be provided live at City Hall, located at 3500 Pan American Drive, Miami, Florida, subject to any and all City rules as 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 proposition. When addressing the City Commission, the member of the public must first state their name, their address, and what item will be spoken about. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The City has provided different public comment methods to indicate, among other things, the public's support, opposition, or neutrality on items and topics to be discussed at the City Commission in compliance with Section 286.0114(4)(c), Florida Statutes. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity and time before the meeting. Please note Commissioners have generally been briefed by City staff and the City Attorney's Office on items on the agenda today. Anyone wishing a verbatim record of an item considered at this meeting may request it at the Office of Communications or view it online at www.miamigov.com. PZ (Planning and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance. Parties for any PZ items, including any applicant, appellant, appellee, City staff and any person recognized by a decision -making body as a qualified intervenor, as well as the applicant's representatives, and any experts testifying on City of' Miami Page 3 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 behalf of the applicant, appellant, or appellee may be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk. The members of the City Commission shall disclose any ex parte communications pursuant to Florida Statute Section 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Ordinance. The order of presentation shall be as set forth in Miami 21 and in the City Code. Staff will briefly present each item to be heard. The applicant will present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to a hearing on the record. For appeals, the appellant will present its appeal to the City Commission followed by the appellee. Staff will be allowed to make any recommendation they may have. Please silence all cell phones and other noise -making devices at this time. 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. Chair King: Thank you, Madam City Attorney. Mr. City Clerk, would you please read your statement? Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony to be sworn in fbr Planning and Zoning items and any quasi-judicial items on today's City Commission agenda will be as follows: the members of City staff or any other individuals required to be sworn in who are currently present at City Hall, will be sworn in by me, the City Clerk, immediately after I finish explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for Planning and Zoning items and/or quasi-judicial items. Commissioners, are you comfortable with all the noticed provisions set forth in these uniform rules of procedures we've established for this meeting? Chair, may I administer the oath for the Planning and Zoning items? Chair King: Please. Mr. Hannon: Good morning, ladies and gentlemen. If you will be speaking on any of today's Planning and Zoning items, the PZ items, may I please have you stand and raise your right hand? And this is just for the PZ items. 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. City Manager, do you have any items that will be deferred/withdrawn on the agenda for today? Arthur Noriega (City Manager): Good morning, Madam Chair, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: FR.1 to be indefinitely deferred; FR.5 to be deferred to March 14th, and PZ.7 to be deferred to March 14th. That concludes the items. Commissioner Gabela: Motion? Chair King: Not yet. I'm going to ask my colleagues as well. Commissioner Gabela, do you have any items that you want to withdraw or defer from this agenda? Commissioner Gabela? No? Commissioner Gabela: No, not me. City of' Miami Page 4 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Chair King: Commissioner Pardo? Commissioner Pardo: One second. Yes, PZ.1 and PZ.2, indefinitely defer, but that's also with Commissioner Carollo, so I'm not sure if we should wait. Chair King: We could always come back to it. Commissioner Pardo: Yeah. Chair King: Commissioner Reyes, do you have anything that you would like to defer? Commissioner Reyes: (INAUDIBLE) since PZ.7 is going to be deferred, I would like -- I request indefinite deferral of PZ.8, 9, 10, 11, and 12, which are related. Chair King: Mhmm. Commissioner Reyes: They are related. Chair King: Mhmm. Commissioner Reyes: If we don't have -- if we don't pass PZ.7, then there's -- because, then we don't have -- we don't have constraints, and 1 am very concerned about the -- those distribution centers that they call -- of marijuana. I have seen what had happened in other areas. 1 know what's going on in schools, and 1 have said -- as I've stated, cis a teacher, I receive a lot of information on what -- how bad it is, the marijuana problem, and the vaping problem is, even in schools. And unless we have strict, strict constraints and regulations, I don't think we should be able -- it would be very -- in my -- my opinion, it would be very irresponsible of us. If it is medical marijuana, it should be distributed through a -- a pharmacy with -- with a prescription, not with a, you know, one of those -- I mean -- Chair King: Okay, so -- Commissioner Reyes: -- you just get a permit so -- Chair King: -- I -- I understand what you're saying. I would like to have heard PZ.11, which falls in my district, and we can put some -- Commissioner Reyes: Well -- Chair King: -- guard rails up for you. I don't have an issue with 8, 9, 10 or 12, but I would like to keep PZ.11 in play. Commissioner Reyes: Okay, you want to keep it in play, we can discuss it. Chair King: Okay. Commissioner Reyes: And -- and I don't think that we should vote in favor of establishing one without having the -- the -- I mean, defining real well where can -- they can be, what they can sell, and how can we -- Chair King: Okay. Commissioner Reyes: -- are going to police them. Chair King: Okay, so -- City of Miami Page 5 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Commissioner Reyes: Because -- Chair King: -- alright. So, we have -- Commissioner Gabela: I also have some concerns. Chair King: Okay, so we're going to defer until 3/14, PZ.8, 9, 10 and 12, but PZ.11 is going to stay in play. Commissioner Reyes: Okay. Commissioner Gabela: Okay, until what date? I'm sorry. Chair King: 3/14. Commissioner Reves: (UNINTELLIGIBLE). Chair King: 3/14. So, I -- do I have a motion to set the agenda? Commissioner Reyes: I said -- Commissioner Gabela: Motion. Commissioner Reyes: Madam Chair,l asked indefinite deferral. Chair King: You asked for indefinite? Commissioner Reyes: I want indefinite deferral until we clarify -- Chair King: Okay. Commissioner Reyes: -- and we have rules and regulations in place. We haven't been able because we have -- I mean, we're looking for one of -- Chair King: Got it, we're -- Commissioner Reves: -- a decision that I wanted -- Chair King: -- going -- okay. Commissioner Reyes: -- what is the State -- I mean, the Federal description of marijuana -- Chair King: Okay. Commissioner Reyes: -- as a controlled substance. Chair King: Okay, so -- Commissioner Reyes: You see. Chair King: -- that's been changed to an indefinite deferral. Do I have a motion? Commissioner Reyes: Okay. Commissioner Gabela: Motion. City of' Miami Page 6 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Chair King: Second? Commissioner Pardo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: The agenda has been set. Do we need to -- everybody has the -- Commissioner Reyes: Yes, 1 have another one. Deferral of CA.4, Chair King: Okay, wait a second. Hold on a second. Commissioner Reyes: Okay. No, he lost his turn. Chair King: No, no, no. I'm not saying that. I just want to make sure everybody is -- alright, here we have another addition for consideration. You want to defer CA.4? Commissioner Reyes: CA.4. Chair King: Okay. Vice Chair, are there any items that you -- Vice Chair Carollo: (INAUDIBLE). Chair King: Okay, so do 1 have -- oh, we deferred PZ.1 and 2, are you okay with that? Okay. Mr. Hannon: So -- no, no -- Mr. Noriega: Madam Chair? Mr. Hannon: -- PZ.1 and 2 were not in -- Chair King: Yes? What? Mr. Hannon: So, PZ.1 and 2 were not included in the motion. You were going to hold off on that -- Chair King: No I didn't, I said we could come back to it. PZ.1 and 2 should have been in the -- Mr. Hannon: Correct. Chair King: -- in that motion. Mr. Hannon: Right, so now you're going to address PZ.1 and 2 -- Chair King: No, I said we were going to defer it. If he had an issue, we could revisit Commissioner Reyes: That's right. Chair King: -- but he doesn't. It should've been looped in with all of them. That's what I said. Mr. Hannon: So then PZ.1 and 2 were deferred -- City of Miami Page 7 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Chair King: Yes. Mr. Hannon: -- to when? Chair King: It's indefinitely deferred. Mr. Hannon: Indefinite deferral? Chair King: Yes. Commissioner Reyes: Yes, now that -- I mean, (UNINTELLIGIBLE) still, 1 want to defer CA.4 -- Commissioner Gabela: PZ -- Chair King: You said CA.4. Commissioner Reyes: CA.4 I mean. Chair King: CA.4. Commissioner Reyes: CA.4 and -- and I would like to revisit (UNINTELLIGIBLE) and verb findings, because there were some contradictions when 1 went over it, and some areas that they were -- I mean, prone to flooding were not included in the master plan. Chair King: Okay, so I have a -- Commissioner Reyes: And I -- I want to give -- I want to give our new commissioners a chance to really go over. Commissioner Gabela: So -- Mr. Noriega: Can I just get -- Chair King: Mr. -- Mr. Noriega: -- can we just get clarity as to when the deferral is for -- Mr. Hannon: Correct. Chair King: For CA.4. Until when, next meeting? Commissioner Reyes: At -- Chair King: 3/14? Commissioner Reyes: How long will it take you guys to go over and -- and analyze it and meet with (UNINTELLIGIBLE)? Commissioner Gabela: So, on that one, to the next one, the next meeting. Chair King: 3/14. Commissioner Gabela: Is that okay with you? Or you want it for the -- Chair King: No, he's doing itfor you. City of Miami Page 8 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Commissioner Reyes: 3/14. I'm doing it for myself -- Chair King: And for -- Commissioner Reyes: And I want to -- I also want to give you -- Commissioner Gabela: Yeah, absolutely. Commissioner Pardo: That's fine. Chair King: So, 3/14. Commissioner Gabela: Yeah. Chair King: So, do I have a motion? Commissioner Gabela: Motion. Chair King: I have a motion. Commissioner Reyes: Second. Commissioner Pardo: Second. Chair King: 1 have a second, a motion and a second to defer CA.4 to 3/14. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Mr. Hannon: And then Chair, I just have a -- a statement that I need into the record regarding PZ.1 and 2. Pursuant to Section 62-22 of the City Code, an indefinitely deferred action initiated by the City will cost the City mail, noticing, advertising, and posting of properties as applicable. Thank you. Chair King: Thank you. City of' Miami Page 9 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 PUBLIC COMMENTS FOR ALL ITEM(S) 15620 DISCUSSION ITEM Office of the City Clerk PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE FEBRUARY 22, 2024, CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: At this time, I'm going to open the floor for public comments. If you can please line up at the podium five at a time on each podium so we do not have a safety risk. Five at a time, per the Fire Department. Good morning, how are you today? Fernand Amandi: Good morning, Madam Chair, and the Commission. My name is Fernand Amandi, I'm a resident in the South Grove, and I yield my time to the vile little man, Billy Corben. Billy Corben: Good morning, Madam Chair. Chair King: Good morning. Mr. Corben: Good morning, Commissioners. Billy Corben, here to speak on RE.2, which authorizes the City Manager, who does not live in the City, to change, adjust, amend, allocate and appropriate the over $1 billion budget for the City. You should not vote to give him that authority. Art Noriega and his irresponsible spending must be reigned in. He is not a worthy steward of taxpayer money. On January Ilth he promised that on January 25th, he would provide an explanation for the records that show he's exploited his public position for private profit. It's now February 22nd. We're still waiting. I guess that's what we call Miami time. Noriega can't be trusted, and we need accountability on this budget, especially when it conies to the blank check that he and some of you have given to City Attorney Victoria Mendez, who also doesn't live in the City. Her abuse of outside counsel is a budget blackhole, sucking tens of millions of dollars every year, and all you have to show for it is loss after loss, in motion after motion, and case after case. The most recent loss just yesterday, when Judge Rodney Smith, who was appointed by former President Donald Trump ruled -- Chair King: Mr. Corben? Mr. Corben: Yes? Chair King: The item. Mr. Corben: Consistent with the -- Chair King: The item -- Mr. Corben: -- the agenda -- the agenda packet, Madam Chair -- Chair King: The budget. Mr. Corben: -- it is about the budget. Chair King: The budget. The budget, not some judge's order ruling. Everyone can get that information from the Miami Herald and other sources. Mr. Corben: The judge's -- City of' Miami Page 10 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Chair King: The budget -- Mr. Corben.: The judge -- Chair King: The -- Mr. Corben: -- reaffirmed -- Chair King: The budget. Mr. Corben: -- the judge reaffirmed that this was -- Chair King: The budget. Mr. Corben: -- that this was in -- Chair King: The budget. Thank you. Mr. Corben: -- Commissioner Carollo's personal capacity. That means that it's the City's -- that it's not the City's fight -- Chair King: The City -- Mr. Corben: -- and taxpayers -- Chair King: It's not. Mr. Corben: -- should not pay the bills out of the budget, Madam Chair. I brought it back around. I'm sorry, it took me a few seconds. Chair King: Thank you. Mr. Corben: But what steps has the City Attorney taken to ensure that the City will be reimbursed into the budget, and that taxpayers are not left holding the bag. If she hasn't done anything, you should consider whether her failure to adequately protect her real clients, the City and the residents, constitutes malpractice. Chair King: Mr. Corben, the budget. Not the City Attorney -- Mr. Corben: I'm glad that the -- Chair King: Not our City Attorney. Mr. Corben: -- I'm glad that we're talking about the budget today, because late last night, Commissioner Carollo said that he's moving forward with his appeal, but in a February 9th ruling, the judge explicitly stated -- Chair King: Mr. Corben -- Mr. Corben: This is about the bond. Chair King: -- ifI interrupt you again, I'm going to have you removed. We are talking about the City 's budget, not lawsuits. Mr. Corben: Is the City going to pay the bond to appeal? The $70 million bond out of the budget, Madam? City of Miami Page 11 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Chair King: 1 have -- Mr. Corben: Is this -- but that's -- that's what I'm -- Chair King: That is not before us. That has not been requested. Mr. Corben: It's in RE.2, it covers the budget of the City, Madam Chair. Chair King: That is not -- that is not in our budget. Mr. Corben: RE.2 would allow the City Manager -- Chair King: That is not in our budget. Mr. Corben: -- and the Attorney to cover that bond, worth $70 million, unilaterally, without any input from the Commission. Can -- and -- and you promised, and Commissioner Reyes promised last -- I have four minutes, Madam Chair. You and Commissioner Reyes promised last summer, publicly, that no tax dollars would go to pay the judgement, yet tax dollars are still paying. And continuing down this road would break the promise and violate your fiduciary duties to the City. I ask that you either vote down RE.2 and pass separate resolutions to accomplish the following or if you pass RE.2, please only do so with the following as amendments:: (1) A moratorium on all outside counsel expenses and on all cases alleging misconduct in their personal capacity, including Carollo's legal fees. (2) A full public accounting from the City Attorney's Office on all outside counsel firms and payments since 2017 and the projected expenditures on outside counsel for 2024. And finally, (3) Ban the use of City funds or property for the bond necessary to proceed with defending Carollo's appeal or any settlements, global or otherwise, in that matter. Please stop the reckless spending ofArt Noriega and Victoria Mendez. Thank you, Madam Chair. Chair King: Thank you. Vice Chair Carollo: Madam City Attorney. On this one, I'm not going to let it go. I'm going to speak now, not an hour from now, when everybody forgets. Chair King: Commissioner. Mr. Corben, but you're not going to respond. Vice Chair Carollo: I have to clear the record -- (COMMENTS MADE OFF THE RECORD) Vice Chair Carollo: I have to clear the record for the court jester for Ball and Chain. Their spokesperson. He is saying that in order for my appeal to go forward, that the City has to pay for a bond, or I have to pay for a bond. That is absolutely. untrue. In America, you can move forward on an appeal without putting a bond. This is why they're threatening to take a homestead property, that I own and live in, that they won't be able to, and they cannot. This is why they're threatening other matters. The ruling from the judge yesterday was actually a great day jbr me because I'm not being held as a political hostage anymore for well over six months, and now I can move forward with the appeal. The problem was that by law, we had to put these motions before the judge, motions that we had no illusions on were going to be ruled in the way that they were, but nevertheless, this is what the federal court system requests that anyone would have to do in order to move with an appeal. Having said that, the problem here lies that --and this is what Little Billy forgot to say, that a couple of weeks ago, the same judge called a motion that they had pending before him "malarky, " a motion that they were requesting after they had every opportunity to have brought the City in during my trial, and they had taken the City out. Now they were trying, after the fact, to bring the City into the case so the City would be held City of Miami Page 12 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 liable for the judgement that was tendered against me, something that 1 said from day one, the City had no responsibility for whatsoever, and the judge made it official. He had no other choice but to make it official. Now they come with a new story about the bond that the City's going to put in. That's a lie. That's untrue, and the only truth is there is that these people are trying to get 150 million, maybe less, maybe more, from the City of Miami, in one way or another. And they think that by putting all of this pressure in me, they're going to take my homestead, they're going to do this to me, they're going to do that, that I'm going to cave in and say to the Administration, give them the tens of millions that they want so they could leave me alone. Well, Little Billy, I'm not about to do that, and you can laugh all you want. And by the way, since you brought this up, you don't live in the city of Miami, and the only reason you're here is because you are a paid gun for these characters. Mr. Corben: By whom? Vice Chair Carollo: You know who they are. Okay, you know who they are. Mr. Corben: Would you say itfor the record, please? Vice Chair Carollo: I've said itfor the record. Mr. Corben: Who? Vice Chair Carollo: I said it for the record. 1 said it for the record. So, having said that, I hope that 1 set the record straight for those that might be confused with this new campaign that they've started about the City having to put a bond on my behalf It's not true, it's not going to happen, I don't have to put any bond in order to appeal. They're petrified of the appeal because they know there's no way they're going to win that appeal. No way whatsoever. Mr. Corben: Thank you, Madam Chair. Chair King: Good morning. Good morning, Elvis. Elvis Cruz: Good morning, Commissioners. Elvis Cruz, 631 Northeast 57th Street. I'm here to gladly support RE.3, which honors the late Reverend Ken Major with a street naming. I had the great pleasure of knowing Reverend Major since 1981. He was my good friend and neighbor, a warm-hearted, wonderful man who made the world a better place. FR.3 and 4, yes, please, get rid of those billboards. If I had a magic wand, I would get rid of all outdoor advertising, whether it's called billboards, or murals, or kiosks. It's visual pollution. Thank you, Commissioner Pardo, for being the voice of reason and doing the right thing on this issue. PZ. 6 is a special treatment for T5 zoning. It's a camouflaged upzoning. You've heard Andy Parrish speak against it several times and he's right. Please, deny that proposal. Lastly, PZ.1 and 2, our city parks should be sacred ground to be preserved and protected for the benefit of the general public. Unfortunately, we've seen our parks used as vacant lots for construction projects, be it museums -- Chair King: Elvis, PZ. 1 and 2 has been indefinitely deferred. Mr. Cruz: I'm aware of that, thank you. Chair King: Okay. Mr. Cruz: -- be it for museums, private businesses, a basketball arena, a soccer stadium, and school facilities. Please, protect and preserve our precious parks. Thank you. City of Miami Page 13 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Chair King: Thank you. Good morning. Mark Rosenblum: Good morning. My name is Mark Rosenblum, Chief Operating Officer, Perez Art Museum Miami, PAMM, 1103 Biscayne Boulevard, Miami, Florida, 33132. I'm here today in opposition of FR.3 and FR.4. As they say, the third time is the charm. As I recently stood before you on January 25th and February 8th, the theme of my last two visits has been to remind this Commission how much we at the art museum appreciate our long partnership with the City. How valuable it is to have a world -class flagship, like PAMM, in District 2. How much we do for the residents and beyond regarding education, presentation of art, empowering and employing our local artists, creating more than 200 jobs, have immaterial impact on the growth of this community. A crown jewel on Biscayne Bay. The diamond in the crown, carrying the word Miami, in our name. Proud to represent our 40 years of service, our recognition worldwide. PAMM and its partner, OBM (Orange Barrel Media) have been in good faith from the start, following the requirements from the City and the State. The City ordinance allowing us a clear path was approved more than a year ago, January 2023. The building permit was issued in October, and tremendous efforts have been made to deliver an outcome that will accomplish the following: connect PAMM to the many communities it serves, ampler the tremendous work and success of our institution, and most importantly, sustainability, allowing the museum a dedicated source to fund present and future capital expenditures. We're at the finish line. I thank you in advance for doing the right thing and allowing us to complete the construction, start displaying digital art, promoting our many offerings, and generating the revenue we have relied on to keep PAMM strong and beautiful. Thank you. Chair King: Thank you. Good morning. Richard Milstein: Good morning, Madam Chairman -- Chairwoman, excuse me, and Commissioners. I'm Richard Milstein, as chair of the Trust Board of the Adrienne Arsht Center of Performing Arts, 1300 Biscayne Boulevard. I'm here today on Agenda Items Number 3 and 4 [sic] and with me today are supporters from the Arsht Center, if they could silently raise your hands. You see, we have a large number today as well. I want to first thank you as well for listening to me for the third time and thank you for listening to the staff for me and for our professionals, individually, as we've gone forward. As chair of the Arsht Center, we have a friendly amendment today to proposal of Ordinance Number 2-779, which -- which if amended would be a grandfathering in the Arsht Center of the current conditions and lift any moratorium for the Arsht Center to complete the permitting process with the City. Today, for the first time, it's the first time I'm really nervous here today. Not because I had to figure out which tie to wear but we've listened to the community, we listened to understand what's happening. We're concerned that the Arsht Center will be the proverbial baby thrown out with the bathwater, and we need you to listen today as you have been to where our Arsht Center -- I think this is the depiction on the screen, where the signage would be. The signage does face the highway. It's 500 feet from the closest area of residence, which on the lower part, is the parking garage. It does not -- is not near a park or any other entity. We're asking today for the amendment of the ordinance to permit the Arsht Center to move forward, as with three other organizations, since we're in an urban area and the signage would be on an urban campus. Thank you very much. Have a good day. Chair King: Thank you. Good morning. Johann Zietsman: Good morning, Chair. Good morning, Commissioners. My name is Johann Zietsman, I'm the president and the CEO (Chief Executive Officer) of the Adrienne Arsht Center of the Performing Arts, 1300 Biscayne Boulevard. I want to thank you for allowing us the opportunity to provide feedback regarding our opposition to the repeal of Section 2-779. During the last two meetings regarding this City of Miami Page 14 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 issue, we heard from the community, just like you did, on both sides of the issue and we respect these views. We offer the following facts in -- in response. We believe the design, the position, and the content of our signs show our sensitivity to the concerns expressed. If I could just have the image on the screen, please. I'll just wait for that, Madam Chair. (COMMENTS MADE OFF THE RECORD) Mr. Zietsman: Oh, okay, thank you. Didn't see that one. We believe that the design, the position, and the content of our sign shows our sensitivity to the concerns expressed. Our sign will not cause light pollution since the adjacent bridge, the traffic, and the many buildings around emitting lights emit far more light than our signs do. As you can see in this image, our signs will not shine into peoples' homes. We have intentionally positioned them to aim away from residential buildings, and they are more than 500 feet from the nearest residence. Our signs are not adjacent or not in a park. They are on our premises, in an urban setting. The content of our signs will be a combination of art exposure and commercial content and our contract prohibits certain advertisements that are not in line with our values. The sire of our signs is appropriate for the surrounding context, as you can see in the image, and is in compliance with current City ordinance and FDOT (Federal Department of Transportation) regulations. Our signs were designed by Pelli Clark Pelli, the internationally acclaimed architects of our facility, to complement our architecture and provide a pleasant pedestrian experience. Our permit application to the City has been submitted in good faith according to the current ordinance. We ask you not to make the Arsht Center an unintended victim -- Chair King: Thank you. Mr. Zietsman: -- by repealing an ordinance that's already been approved -- Chair King: Thank you. Mr. Zietsman: -- by the City Commission. Thank you. Chair King: Thank you. Good morning. Gerald Grant, Jr.: Good morning, Madam Chair and Commissioners. My name is Gerald Grant, Jr. I'm a board member and treasurer of the Adrienne Arsht, address 1300 Biscayne Boulevard. In City Code Section 2-779 is repealed, the Arsht Center will lose multi -decade revenue stream. The Arsht Center is a non-profit organi-ation, and the new revenue stream is important for our sustainability. This revenue is extremely important as we, as most cultural institutions, continue to navigate the daunting task of rebuilding our budgets after Covid-1 9 Pandemic. Having this this sustainable, predictable revenue stream, the Arsht will be able to provide meaningful programs to our (UNINTELLIGIBLE) helping our students in the community. Currently, we offer over 90,000 programs benefiting members in our community. Last year, nearly 300,000 guests attended shows at the -- and events at the Arsht Center. 45 percent of the artists who performed were residents of South Florida. Over 70,000 students were served. I reflect on when I was a student at Miami Edison Student -- Edison Senior High, when we had the program of junior achievement. That was a very impactful program that transformed my life and gave me an opportunity to see something different. I respectfully request that the Commission rejects any efforts that would infringe on the Arsht Center rights to move forward with this important project. Thank you so much. Chair King: Thank you. Good morning. City of Miami Page 15 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Robert Tofolo: Good morning. My name is Robert Tofolo. I'm the Chief Financial Officer at the Perez Art Museum Miami, 1103 Biscayne Boulevard, Miami, 33132. I'm here this morning to speak in opposition to FR.3 and FR.4. The sign at PAMM complies with the height restrictions of the PAMM lease between the City and the museum. The PAMM lease was amended on July 9th, 2009 to state that the roof of the building shall not exceed 70 feet from the finished level of the Knight Plaza, and other penetrations shall not exceed an additional 40 feet above the roof. In total, non -roof penetrations may not exceed 110 feet above the height of the finished level of the plaza. As illustrated in the image shown here, the sign clearly complies with the height limitations outlined in the 2009 amendment. Thank you. Chair King: Thank you. Good morning. Aric Kurzman: Good morning Madam Commissioner, Commissioners. I'm here to speak in opposition to FR.3 and FR.4. My name is Aric Kurzman, 268 Northwest 45th Street, Miami, Florida. I've worked at the Adrienne Arsht Center for the past 10 years. I'm going to read a letter provided by Mitch Hirsch, who is the project architect for the design of the Arsht Center and the design of the proposed signs at the Arsht Center. Mitch's statement follows: Pelli Clarke and Partners has been collaborating with the Arsht Center team on the design for two signs on their campus since 2020. We saw the signs as a great opportunity for the center and knew their design needed to be handled in sensitive and deliberate manner. We investigated many approaches and concluded for a master plan perspective the signage should appear "bracketing the two sides of the Arsht Center." The location, scale, and orientation of each sign was carefully composed in harmony with architectural elements of the Arsht Center's sculptural buildings. Each sign is supported by a dynamic composition of individual elements embodying the relationship of individuals to a performance ensemble. The relationship of the signs to their context, we studied extensively, including the relationship to the future illuminated signature bridge and adjacent buildings and uses. The area surrounding the sign is a cultural district and the signs do not face residential buildings. The digital sign project will make a positive contribution to the Arsht Center campus, and will highlight public programming and arts and culture in Miami. Thankyou very much. Todd B. Hannon (City Clerk): My apologies, Chair. Sir? Sir, if I can have your name again for the record. I missed it earlier, my apologies. Mr. Kurzman: Aric, A-R-I-C, Kurzman, K U-R-Z-M-A-N. Mr. Hannon: Thankyou, sir. Carole Ann Taylor: Good morning. Chair King: Morning. Ms. Ann Taylor: How are you? My name is Carole Ann Taylor and I am a 30-year resident of District 2, and a member of the Arsht Center's Board of Directors. I'm here to ask you to please look at the existing rights -- the Arsht's existing rights to digital signage on our campus, and to abate any moratorium on permitting for the Arsht. The Arsht Center seeks to be, and we are, a good neighbor. Our signs are intentionally located on the sites -- on our campus, away from the residential units. They face I-395, and the side of the new signature bridge. They are positioned and designed to be seen by motorists on the nearby thoroughfare going to and from Miami Beach. I've heard and really respect the concerns of my neighbors; however, their concerns do not pertain to the proposed Arsht signage. I'd like to take a moment of personal privilege as I look around, and I ask you that you don 't retroactively remove the Arsht Center's rights by repealing the ordinance you have already approved. I thank you for your time and I just would like to take a personal privilege as I look up City of' Miami Page 16 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 into these offices here, I remember that 1 was assistant to Mayor Maurice Ferre, 40 years ago, and there -- these offices are very dear to me. Thank you for your time. Chair King: Thank you, Ms. Taylor. Good morning. Sorry, the distraction here, I spilled my tea. Go ahead. Grant Gassman: Good morning, everyone. My name is Grant Gassman. I live at Met 1, 300 South Biscayne Boulevard, Miami, Florida. I'm here to speak in opposition to FR.3 and FR.4. As a Miami native and a resident of Downtown Miami, I'm floored to learn that members of the City Commission are targeting PAMM and Arsht Center when they're simply trying to find creative ways to expand the reach and make downtown a better place. Thank you. Chair King: Thank you. Good morning. Daniel Fila: Good morning hi. My name is Daniel Fila, I'm an artist speaking on -- to give some information on FR.3 and 4. I have a company called Krave Art. I'm speaking specifically on behalf of Orange Barrel Media. In my experience, they've been doing business the right way. They came to me as a resource and asked me for non-profit organizations that I might recommend for them to feature on their kiosks throughout the city. Their director of community engagement is an old schoolmate of mine in Ohio. I know him to be a really great person and giving to minority community all the time. My -- I have no, you know --1'm beholden to no one here. 1 don't particularly feel supported by any of our local art institutions. 1 do love the Arsht Center, and PAMM's great for the city. 1 do think the main concern to me is the curation of this sign. 1 think it should continue to represent people that are like me, that have been working here for our entire lives, doing art, and we should all get a platform there, not just the curated from museum level. That's all. Thanks. Chair King: Thank you. Good morning. Jillian Meyer: Good morning, my naive is Jillian Meyer. I live here on Oak Avenue, Miami, Florida, 33133. I am here to speak in opposition to FR.3 and FR.4. This seems to be a targeted attack at PAMM, Arsht, and the medico company that is working on this project for these institutions, and it is bad business and an embarrassment that the City is trying to strip these groups of their vested rights. It is time for our Commission to behave rationally. Please vote against FR.3 and FR.4. Thank you. Chair King: Thank you. Good morning. We're going to go with you while they set up. Go ahead. Ariel Guilder: Morning. My name is Ariel Guilder and I live at 5700 Biscayne Boulevard, Apartment 711, Miami, Florida. I'm here to speak in opposition to FR.3 and FR.4. I don't typically come to City Commission meetings to speak, but being a proponent of the arts and seeing the effort that has been put into rallying to speak in support of FR.3 and FR.4, I think it's important that the Commissioner hear the other side. People living in Miami -- people live in Miami because it is exciting, a vibrant hub for sports, fashion, arts, and culture. Why there is such a vicious attack on the digital arts and digital signs designed by premier architects that support the arts and general institutions that make Miami great is beyond me. In fact, the art newspaper posted a story on Tuesday indicating that museums all over the country, and figuring out ways to become more entrepreneurial, with costs going up, philanthropy weening, and government funding and museum attendance down, why wouldn't Miami be proud to be paving the way for this effort? Please vote against FR.3 and FR.4 and support the institutions that make our city so great. Chair King: Thank you. Good morning. City of Miami Page 17 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Maji Ramos: Good morning, thank you for listening and for helping all of us with all of our comments. I'm here regarding Morningside. My name is Ms. Maji Ramos. I'm a Morningside resident since 1993, Miami native. Chair King: Maji, what agenda item are you speaking on? Ms. Ramos: CA.4. Chair King: CA.4. CA.4 has been deferred until 3/14, but you can still speak. I'm just letting you know. Ms. Ramos: Okay, it's going to be real quick. Chair King: Okay. Ms. Ramos: Because I actually want to add another item to the agenda next month, which is another thing I wanted to discuss. Chair King: Okay. Go ahead. Ms. Ramos: I just want Morningside to be considered -- I've noticed -- I've been in many meetings, I'm the Morningside Resiliency Ambassador, and that has not been on any of the maps for flooding, and we have significant flooding in the neighborhood, around the park, on North Bayshore, on 50th. Damian, I know you know about this, and it's -- Commissioner Pardo: We just had a meeting. Ms. Ramos: Hmm? Commissioner Pardo: We just had a meeting with the HOA (Homeowners Association) and there's going to be another meeting. Ms. Ramos: I would love to be involved in those meetings. Commissioner Pardo: There's one corning up, so just reach out to our office. Ms. Ramos: Okay, thank you. And then I also wanted to give you some -- a very important update on the rookery. Tropical Audubon Society went out yesterday morning and they did a sig -- a survey, and this is basically -- I just wanted to show you, quickly, this is a very frightening situation. I don't know if you can see the video, but it's a jet ski that almost hit two boats. This happened last weekend. Very stressful. It's very, very stressful watching what's going on out there. That almost -- I don't even know, he fell, nobody even stopped, it was crazy. As I mentioned, they did go out. The bird diversity is amazing, and we need to do what we can do to protect these habitats. This is from them. They went out yesterday right before sunrise. Yellow - crested Night Herons, magnificent Frigatebirds, Great Egrets, Blue Herons. I mean, we've got a great diversity, and some of these are protected. We need to really do something about all of the speeding in that channel, in that area and the aquatic preserve right next to the rookery. And there was a manatee sighting right after that, 10 minutes later, there was a jet ski that ran it over. We witnessed it. We need to do better. That's all 1 have. Thank you. Chair King: Thank you. Ms. Ramos: I'd like to add that to the agenda for next meeting, Tropical Audubon will be here with the actual results of their survey. City of' Miami Page 18 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Chair King: Thank you. Ms. Ramos: Thank you. Chair King: Good morning. Joel Rodriguez: Good morning, Commissioners, thank you for your time and dedication. My name is Joel Rodriguez, vice president of Concerned Citizens of Edgewater, 235 Northeast 25th Street. We're here to speak on Item F -- FR.3 and 4. I'm opposed to oversized signs being installed in -- along the corridor. We believe that the neighborhood -- we've been dedicated to improving the area for many, many years. We believe that the Adrienne Arsht Center has been a fabulous addition to our community and we think that this addition is a detriment to the enjoyment of the architecture that's been created and we feel that it should not be done. Thank you very much for your time. I appreciate it. Chair King: Thank you. Good morning. Guillermo de la Paz: Hi, good morning, Guillermo de la Paz, 3441 Charles Avenue. I'm here to speak on behalf of PZ.5. Congratulation to the new -- two new commissioner [sic]. Commissioner Pardo, you're my commissioner. I live in Charles Avenue. This is a major change in zoning and there is no engagement, no information with any of the neighbors. The West Grove is a small -- it's 15 square blocks, and we don't have jet ski problems or billboard problems, we have shootings, drugs, lack of code compliance. We don't have capital improvement. We need engagement. If we're planning to do a major change on zoning -- Commissioner Pardo: I will tell you there is a plan for engagement. So, this is just the first step, what you're seeing here, and then it becomes socialized and there 's a whole plan that we will roll out. So, you will be included and the community, will be very much aware. Mr. De la Paz: I would love to be involved. I would love to be informed, but your office have been very passionate about firing the mayor, about, well, I -- I don't see engagement in our part of the -- I mean, we're part of the city. Commissioner Pardo: We've done a lot of meetings there in the West Grove. Just reach out to our office and become part of the next one. I mean, we 're consistently present in the West Grove. Chair King: Commissioner. Mr. De la Paz: There was -- Chair King: Commissioner. Mr. De la Paz: There was a shooting on February 13th -- Chair King: Commissioner. Mr. De la Paz: -- and we don't have anybody from the City showing up. Chair King: Sir. Mr. De la Paz: Yes? Chair King: If the Commissioner can have his staff pull you to a side and they will directly speak with you. Commissioner Pardo? City of Miami Page 19 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Commissioner Pardo: Yes. Chair King: Yes? Okay. Commissioner Pardo: Yes, that 'd be great. Chair King: So -- Mr. De la Paz: So -- Chair King: -- if you could step aside. His -- his team will come and speak to you directly. Mr. De la Paz: I understand, I'm going to do that, but here's my question. I'm allowed to speak -- Chair King: Oh, yes, you are, but the back and forth -- Mr. De la Paz: He started it. Chair King: He was just responding. It would be easier for the rest of the persons who have public comment -- Mr. De la Paz: You know -- Chair King: -- to -- Mr. De la Paz: -- I grew up in a communist county', and this podium for me, it means democracy. Chair King: It does. Mr. De la Paz: And I should be allowed to say what -- Chair King: You are. Mr. De la Paz: -- I have to say about where I live and where my family live. Chair King: You are. You do. We pride ourselves in having folks come up and speak for public comment. However, there's some of the dialogue that you're having with the Commissioner that would be better served with him and his staff. But you can absolutely say what you have to say. So, perhap -- Mr. De la Paz: How much time I have left? Chair King: You have 30 minutes -- 30 seconds left, I'm sorry. I'm sorry, anybody that knows me know that was a -- that was a slip up. So, you have 30 -- 30 seconds left to finish. Mr. De la Paz: So, I'm willing to engage with the Commissioner offices, and I have been trying to do that for the past 10 years. We have, prior to him, a commissioner was serving for 6 months, and prior to that, we have a commissioner was running political campaign for 6 years. We need engagement. And it's not nay role to be here and asking for that. It's not my role to tell the City to bring capital improvement to the West Grove. That's not my job. That's his job, and again, thank you for your time, and whoever want to speak with me, I'm going to be there. I going to have to work. I have been here since 9 o'clock in the morning. Thank you. City of' Miami Page 20 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Chair King: Thank you. Thank you for your advocacy. Good morning. Armando Rodriguez: Good morning. Thank you, Madam Chairman. Thank you, members of the Commission. My name is Armando Rodriguez. I'm the president of the Concerned Citizens of Edgewater, mailing address 235 Northeast 25th Street. I have been a member of this neighborhood for 30 years, and some of you know me for 30 years, fighting for the benefit of Edgewater since the time that we were fighting the crack houses 28 years ago. And some of you know me how much I fight to benefit and improve this neighborhood. I am a property owner in Edgewater and 1 am opposed to oversized billboards in Edgewater. 1 don't think that would contribute to the enhancement and beautification of the city of Miami, and neither to the neighborhood. 1 wonder how many people would like to have it -- these oversized billboards in their neighborhood. Please do not -- please oppose to this billboards and I would like to know how many of you really want it, to have it in your neighborhood. If you don't want it for you, please, don 't have it for us. I think they need to discuss this and I think the huge size of this billboards is something that you should take into consideration. Thank you for your time. Chair King: Thank you. Good morning. Daniel Lopez: Happy Thursday. Chair King: Happy Thursday. Mr. Lopez: My name is Daniel Andres Lopez and I want to first start off by saying 1 'm very happy to see you here in good health, Commissioner. I am here to speak on PZ.5, and while I am a huge proponent of PZ.5, I would like to say I think this might be a waste of time. And the reason why is compatibility. The zoning ordinance and the proposed amendments are going to do an amazing job at revitalizing our community and moving the city of Miami forward. However, on the main street of NCD-2 (Neighborhood Conservation District), on Grand Avenue, the land use is not compatible with the proposed amendments to the zoning ordinance. So, unfortunately, even if this were to get passed, according to Daniel Goldberg and other ones in the City staff we may not even be able to use the benefits that you commissioners are working towards. So, that is why I will keep it very brief -- Commissioner Pardo: That's true. Mr. Lopez: -- I -- I push and I urge that the commissioners seek to, while amending this zoning ordinance, to also amend the land use map so that that way they are both compatible. Thank you very much. Chair King: Thank you. Good morning. Mario Chavez Zuniga: Good morning, Commissioners. My name is Mario Chavez Zuniga. I am the owner of a small business here in Miami. I'm here to speak in opposition for items F -- FR.3 and FR.4. The team at Orange Barrel Medici its -- and its sister company, IKE (Interactive Kiosk Experience), have been generous supporters of my company. The signs of PAMM and Arsht are an exciting way for us to bring exposure and creativity to the city of Miami. We look forward to continuing partnership with Orange Barrel and I am in full support of the sign of PAMM and Arsht. And I am excited to work alongside my colleagues, and the artists, and non- profit, and small business community, to showcase our offering of the screen. Please do not rescind the PAMM and Arsht (UNINTELLIGIBLE) proposed by FR.3 and FR.4. Please vote against FR.3 and FR.4. Chair King: Thank you. City of Miami Page 21 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Mr. Chavez: Thank you. Chair King: Good morning. Maria Gralia: Good morning, Madam Chair, Commissioners. Maria Gralia with offices at 150 West Flagler. I'm here in opposition to FR.3 and FR.4. I yield my time to my partner, Gene Stearns. Chair King: Good morning. Gene Stearns: Madam Chair, members of this Commission. 1 hope that when we finish today, there will be one lawsuit not filed, one fixture litigation that doesn't need to be settled, one future relationship that will be a positive one and not a negative one. 1 rise in opposition to FR.3 and 4, as written, but agree that if it -- exceptions are made for the Arsht Center and the PAMM, that would be appropriate going forward, because what you can't do is go back in time and pretend that what happened in the past can be simply (UNINTELLIGIBLE) because people relied upon what the City of Miami did, and reasonable reliance is clear and obvious. Substantial sums have been spent. Some actual substantial commitments have been made. The City has litigated this kind of issue, fbr example, in the Karenza Apartments litigation, and the City lost. Lost on the merits as to the legal issues. The trial has been conducted, the judge has not yet ruled, but in this particular instance, what is crystal clear is that these two wonderful cultural institutions, that are so critical to our community, that are located in a city of light, light, what is happening in that area is extraordinary. It's going to be, in my view, beautiful, but let's recognize one thing, beauty is in the eye of the beholder. So, as one of the beholders, I drove the area yesterday, it 's apparent to me that it's a good thing. These signs will be promoting these cultural institutions, making the public aware of what's going on in them, and it's critically important to them and their economic success, which is critically important to our community. So, what we hope you do is understand that reliance was made on decisions you made in the past. Some of you have been elected since those decisions have been made, arrived to say going forward, I don't want to see it again. You can make those decisions. But what you can't do is undo what other people relied upon. So, I would urge you to either deal with FR. -- F.3 [sic] or 4 as you will, but grandfather in the two cultural institutions that are so critically important to this community, and don't let a few people, one of whom happens to be, by the way, a competitor who wanted to build the signs, lost the bid, and is now organizing opposition against the signs that competitor would happily have built, had it won the bid with these two institutions. So, I would urge you to create these exceptions, and thank you for your tune. Chair King: Thank you. Good morning. Fernando Holz: Good morning, Commissioners, and to everybody in attendance. I'm speaking in opposition to FR.3 and FR.4. My name is Fernando Holz, 25 Northeast 5th Street. I come to speak to you today as a representative of The Melo Group, a real estate development group that has been working for the City of Miami -- to improve the City of Miami for over 20 years, and personally, as a resident of District 2. We believe that this proposal will only be a detriment to the quality of life for the residents of this district, and these billboards will forever be an additional eyesore in our city. We don 't want to turn downtown Miami into Times Square, so we please ask that you don't pass this proposal. Thank you very much, Commissioners, for your time. Chair King: Thank you. Good morning. Nathan Kurland: Good morning, Madam Chair, Commissioners. My name is Nathan Kurland, 3132 Day Avenue, Coconut Grove. A patient said to his doctor City of Miami Page 22 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 (UNINTELLIGIBLE) doctor, "Doctor, 1 think I'm shrinking." The doctor replied, "Sit down and be a little patient." We can no longer afford patience. Monster illegal build -- digital billboards are being installed in our parks, our schools, and our museums. I am here in support of FR.3 and FR.4. My remarks are specific to FR.3. I previously emailed each and every one of you a letter about FR.3, and I'd like to place a copy of that letter and a copy of the Miami -Dade Sign Code for the official record. Since July 1985, the sign code of Miami -Dade County has been the governing statute within the city of Miami. It's a county -wide law that establishes minimum standards for every form of outdoor signage, everywhere. Cities may enact more stringent standards, but not less restrictive standards. The City Manager at that time, Sergio Pereira, appeared in person in front of the County Commission, and spoke in favor of the sign code's adoption. Today, the sign code stipulates that digital technology may be used on only one type of sign, Class B, point of sale signs where the goods and services are available to purchase at the sign's location. That's the law of the city. PAMM and Arsht say they intend to co-operate the digital signs as Class C commercial structures. That clearly violates the law. PAMM and Arsht decided to operate their Class C -- B signs as class -- even if, excuse me, PAMM and Arsht decided to operate the signs as Class B, their signs would still be illegal. The sign code requires a minimum of 10 acres for a Class B sign. In addition, the signs for PAMM and Arsht exceed the size limits. PAMM and Arsht are fine institutions, but they are not above the law. Vote yes for FR.3 and FR.4. Chair King: Thank- you. Good morning. Gino Moreno: Good morning, Commissioners. My name is Gino Moreno. I'm a resident of Miami. I'm asking to vote against FR.3, FR.4. Such a measure would remove a substantial amount of revenue for cultural institutions like the PAMM and Arsht, world -class attractions and destinations for artists around the world. I think we should protect these institutions and encourage their growth. These projects will allow such growth, ultimately cultivating the arts and culture in our community. Again, I urge to vote against FR.3, FR.4. Thank you for your time. Chair King: Thank you. Good morning. Timothy Schmand: Good morning, Commissioners. My name's Tim Schmand. My, address is 3301 Northeast 1st Avenue, a proud resident of D5 (District 5). I worked in Bayfront Park for more than 25 years and ran the place for more than half that time, and the one thing I always hated was when people second guessed me. It -- it just would drive me crazy. So, since 2017, when I resigned, I have, you know, watched what goes on in the parks and been supportive for most of the time. But the signs are a bridge too far for me. The signage on Biscayne Boulevard was assaultive when I drove around the corner this past weekend. The sign adjacent to PAMM makes me wonder what Herzog & de Meuron would have said had they been told before the building was put up, that this billboard was going to be placed next to them. Now, as a manager of a public facility, I can assure you I understand the need for revenue streams. You look everywhere; in the couch, under the car, but there must be better ways for us to fund public spaces and our public institutions. So, when you -- when you look at that sign -- the one on Biscayne Boulevard is particularly assaultive. When you look at that sign, is that what you want people to see when you say that Bayfront Park is our premier public facility? I don't -- I don't think so. So, anything you can do to change that would be great. Thank you for your time, have a great day, and it's all -- it's nice to see you all again. Chair King: Thank you. Thank you for coming. Good morning. Evan Neustater: Good morning. My name is Evan Neustater. I live in the Edgewater neighborhood at 2150 North Bayshore Drive. I'm here to speak in opposition of FR.3 and FR.4 and convey my support for the media installations at the Arsht Center. I'm a City of Miami Page 23 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 season ticket holder of the Arsht Center. I walk there to see the shows and performances. It's very much a part of where I live. 1 go past where the proposed signs are going to be every single day on the way to work. We've seen the renderings. I mean, these are artistic signs. They look good. They're going to contribute to the vibrancy of the urban core, which is where we live, and the Arsht Center and the PAMM, they're all part of that central, urban core, cultural area, which is -- really makes Miami a unique, special, and vibrant place. Moreover, we just heard -- it's my understanding that the permits and appropriate approvals, ordinances, are in place for this to happen, and we just heard that litigation might be in the wings if FR.3 and FR.4 were to be to pass. I'm a citizen of this area. The last thing I want is to foot the bill for a lengthy, costly litigation that's just going to prolong this by I don't know how long and how much money, and that's just the practical consideration 1 urge you all to take. Thank you so much. Chair King: Thank you. Good morning. John Dolson: Good morning. John Dolson, 4205 Lennox Drive, Coconut Grove, District 2. These signs should never have been authorized. There was not a District 2 Commissioner present when this proposal went through. I don't think that's right. That means that District 2 was not properly represented. I want to squash these signs. I don't think we need big, oversized signs in this city. I just think it's a lousy idea. I really don't understand how this went through. I realise there's probably going to be some litigation if we back it up, but the most alarming thing 1 heard this morning was we want to put those signs up, and I'm going to paraphrase this, "So Miami can pave the way." Oh, my God, does that mean we're going to put a whole bunch more of these big electronic billboards up in the city because we have a precedent set here? Let's kill that precedent and not allow this to continue to happen to Miami. Thank you. Chair King: Thank you. Good morning. Mariana Calix: Good morning. My name is Mariana Calix. My address -- Chair King: Can you put the -- can you put the mic -- put the mic down. Ms. Calix (as translated by Official Spanish Interpreter, Irene Orces): Good morning, her name is Mariana Calix. Her address is 7792 Northwest 3rd Avenue, 33150. I'm speaking on her behalf I'm here today to support the application process for the PZ.3 and PZ.4 projects. The current -- the crime rate in our neighborhood is increasing. We need more police force. Additionally, our streets are very dangerous regarding speed and lack of proper lighting. Our children can't play safely. We need more speed bumps and better lighting. Our streets are very dark at night. We also need improved drainage systems. Our streets are easily flooded throughout the entire neighborhood. Thank you. Chair King: Thank you. Good morning. Debbie Dotson: Good morning. Debbie Dotson, 4205 Lennox Drive, Coconut Grove, and I'm speaking in support of FR.3 and FR.4. We've been hearing about this for a really long time now and I'm -- I hope it can be resolved. And as has been mentioned, it's -- it was passed without representation of a commissioner representing District 2. District 2 residents are overwhelmingly opposed to these huge oversized digital billboards. Studies show a direct link between illuminated billboards and accidents. Studies have found that drivers tend to look more frequently and for longer periods of time at digital billboards. In one study, 40 percent of car accidents occurred because the driver failed to look properly at -- and the presence of digital billboards clearly posed a threat to road users. Do our drivers really need any more distractions? Does I -- the people that drive on I -- 1-395 is a mess, so is 1-95, so is US-1. It's -- I always City of' Miami Page 24 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 feel like I'm taking my life in my hands when I'm out there, and having more visual distraction is not safe for our city. Like everything else in Miami, this is coming down to money. It's not about art. It's not about quality of life and it's not about the safety of our residents, it's about money. So, please support FR.3 and FR.4. Thank you. Chair King: Thank you. Good morning. Courtney Whitney: Good morning, my name 's Courtney Whitney. My address is 2 Alhambra Plaza, Coral Gables, 33134, and I would like to yield my time to the gentleman behind me. Chair King: (FOREIGN LANGUAGE). Jose Felix Diaz: Good morning. I'll be quick. Jose Felix Diaz, 2 Alhambra Plaza, Coral Gables, Florida, on behalf of Orange Barrel Media. There has been much noise over the past month on this item. It has gotten very hard to tell the difference between fact and fiction. A litany of arguments have been raised by competitors, claiming that the PAMM and Arsht Center signs are illegal, and they have debunked these arguments time and time again. Orange Barrel competes in many markets, and they've seen competitors do everything they can to keep them out of markets before. Inorganic complaints about so-called illegalities always arise, and it's usually a case of approve our signs, but not theirs, as is the case here. As I mentioned two weeks ago, 1 would like to point out that the legality of these signs and their compliance with FDOT regulations is exclusively the responsibility of the Florida Department of Transportation. Additionally, there's been a whisper campaign about compliance with the County Code. 1 would like to point out that in response to a zoning verification letter, the County explicitly stated that the two free standing signs are in compliance with County Code. There's no dispute here, and your City Attorney 's in possession of that zoning verification letter. Finally, the same competitors have tried to raise questions about compliance with operating agreements of the two cultural institutions where the signs are being installed. First, it is important to note that neither the Arsht nor the PAMM licenses are revocable. Passage of either FR.3 or FR.4 will result in litigation. Orange Barrel has stated this fact, and the laws, over and over again, and the outcome for the City is abundantly clear. Passage of either FR.3 or FR.4 will expose the City to hundreds of millions of dollars of liability. Secondly, as I've been clear -- made clear in a memorandum submitted to you earlier this week, PAMM and Orange Barrel closely followed the PAMM operating agreement. Any approvals required under the lease were obtained through the City's permitting process, and the sign is built to the height permitted under the 2009 amendment. Ultimately, whether the PAMM lease was complied with or not is moot because the City waived any claims regarding these issues when construction permits were issued, and the City may no longer challenge PAMM's right to build the sign. I did hear the previous gentleman mention whether or not there was a District 2 commissioner present for this vote and I would like to state that Commissioner Russell, when he was in this position, was met with numerous times and not only was he in approval of this ordinance, he actually voted in favor of it on first reading. He just was not here for second reading. It is this body's prerogative to amend the Code and prohibit new signs in Bayfront Park or any other location throughout the city. However, the Commission may not rescind the rights of PAMM and Arsht to complete the construction of these signs without violating their basic rights. Thank you. Chair King: Thank you. Good morning. Gary Ressler: Good morning, Madam Chair, thank you very much. Gary Ressler, 169 East Flagler Street. As chair of your Downtown Development Authority's Quality of Life Committee, I spent the past weeks .fielding and listening to feedback about the LED (Light Emitting Diodes) billboards from residents and institutions alike, who simply do not want these oversized billboards constructed. Last night alone, I spent City of Miami Page 25 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 two hours at a DNA (Downtown Neighbors Alliance) forum to discuss the billboards. Not one resident spoke in favor. Not one. You will note, in fact, the only people speaking in support of these lighting -- advertising billboards, have vested interest in doing so. They are lobbyists, they are lawyers, employees of Orange Barrel Media, their personal friends and associates. This is a classic example of moneyed interest fighting the interests of your constituents, the people who live in Downtown Miami. I implore you to pass both FR.3 and FR.4, repealing the billboard ordinance, and enacting a moratorium. Finally, as a board member of the Flagler Business Improvement District, we also ask the Olympia Theater be removed from the list of eligible cultural institutions on which these billboards can be erected. Thank you. Chair King: Good morning. James Torres: Good morning, Chairwoman. James Torres, president of the DNA. As president of the DNA, Downtown Neighbors' Alliance, I'm here to represent the voices of Miami city residents within the core of downtown, who deeply value our community and our skyline. Our message is simple, please vote to stop the installation of the 1,800 square foot billboards within the PAMM and the Adrienne Arsht Center. The recent actions by Orange Barrel Media, behind the monster, have finally shown their true colors. First, they go behind the scenes and working in the shadows, with no community involvement, to propose the giant billboards within the skyline. Secondly, now, Orange Barrel Media is holding our city hostage in threatening a hundred million dollar lawsuit. Let's be very clear about that. They're holding us hostage. Let's be clear on the behavior of how things happen. If 1 was a bank robber or terrorist, the first thing I'm going to do is I'm going to hold the community hostage. That's exactly what Orange Barrel is doing by trying to intimidate the community and everyone else around us. And what do they do? They turn around and tell you, if you don't give me what I want, I'm going to kill you. That's literally what they're saying to us, in a Hollywood movie. As we move forward, we've had many outreaches with worldwide Immerse Media, another company that's trying to seek billboards. However, there's a little bit of a difference here. In the last two weeks, we've met with them on a regular basis, addressing the billboard signs, and they've made concessions to the community of the Downtown. They're willing to work with us and be proactively, and this is the distinct difference between Orange Barrel and everyone else. So, I kindly say, bring on the litigation, because at the end of the day, it 's about community. Thank you. Chair King: Thank you. Good morning. Pedro Amos: Good morning. My name's Pedro Amos. I'm here to speak against FR.3 and 4, in opposition of. To the gentleman's point, I don't know that that really makes a lot of sense in terms of the hostage situation. Something was agreed upon and now it's not, and so there, rightfully so, I would seek retribution for that. My name's -- my company's Miami's Best Graffiti Guide. We're a tour company. We do tours in the Wvnwood area, and that -- those billboards have been extraordinarily effective in -- in small and local businesses. I also have a gallery in Little River as well. As a native of Miami, I don't see the issue with that. I am not a tourist. I've seen, you know, everything, you know, develop in the last 20, 30 years, unbelievably so, and I'm of the school of adapt or die. I mean, all the -- the points of view of you know, obstruction of views and, you know, car accidents, and -- I mean, there's cellphones, and driving is dangerous as is. A billboard is not such a big deal. It was agreed upon. I don 't understand why we would go into a hundred million dollar litigation. It's -- this is something that's done, and those are my two cents. Thank you so much. Chair King: Thank you. Good morning. Lani Ferro: Good morning, Commissioners. Lani Ferro, 8530 Northwest 23rd Street, Miami, Florida, 33126, and I yield my time to the gentleman behind me. City of Miami Page 26 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Michael Llorente: Good morning, Madam Chair, Commissioners. Mike Llorente, 3800 Northeast 1st Avenue, and we represent Outfront Media. Several hundreds of millions of dollars, that's what you're being told it will cost you to assert your rights under a lease agreement. I say that's total nonsense. Fifteen years ago, the City gave PAMM pristine precious waterfront property to build a museum, but that came with strings attached. You told them how tall they could build, 70 feet. You told them how they could use the property, for museum uses and "educational or patron related uses only." You told them what type of signage could be installed. And for 15 years, PAMM has been a good steward of that property, but the digital, money -making monstrosity being built on the PAMM site today is a bridge too far. Not only is it illegal under State law, but it violates the height, use, and signage restrictions of the PAMM agreement. Now, you received a letter, I understand, recently from an attorney who claimed the 70 foot height limit doesn't apply because the sign is a ' non -roof penetration." Now, that's a bizarre concept that you won't find in the lease, and you won't find it in any construction manual or construction textbook, because guess what? It doesn't exist. They claim the sign is an allowable ancillary use under the agreement, and they quote the entire section on ancillary uses, except for the part that defines ancillary uses, and they don 't address, at all, the signage restrictions. The arguments, frankly, are weak. But you're being told that if you wish to challenge those arguments, it will cost you hundreds of millions of dollars. Well, guess what? That's not how contracts work. If you believe that a lessee is in violation of an agreement, you have a right to let them know, give them an opportunity to cure, and if necessary, take it before a judge. It happens every day in the city of Miami and it doesn't cost hundreds of millions of dollars to do it. I'd like to address just one final point, because it's been mentioned multiple times in writing, and here today, that my client, at one point, sought to build the very signs we now oppose. Not true. Our client operates within the bounds of the law and has never offered or suggested to build any type of sign that doesn't have an FDOT permit or comply with the state statutory requirements. Our client has never sought to build an illegal digital monstrosity like the one being built at PAMM today. Thank you very much. Applause. Chair King: Good morning. Fayez Tanous Vasquez: Good morning, I'm here to speak in favor of FR.3 and FR.4. My name is Fayez Tanous Vasquez (phonetic). I'm opposed to the LED signs that it seems like some with heavy influence would have littered every corner of our city. (COMMENTS MADE OFF THE RECORD) Mr. Vasquez: I'm sorry? Chair King: Your name again, sir? Mr. Tanous: Fayez Tanous Vasquez. Thank you. Do not forget the hundreds of residents who spoke against these signs in the previous meetings, even though they might not be here today, even though there is a significant amount today. In regards to FR.6,, which would repeal, in its entirety, Chapter 37, Section 8 of our Code, regarding panhandling in certain areas, it would be nice to see our city be proactive in removing unconstitutional sections of our Code before lawsuits require it. And I am happy to see that FR.6 is here. Thank you so much. Chair King: Thank you. Good morning. Sharon Kirby: Good morning. My name is Sharon Kirby and I live at 801 North Venetian Drive, Biscayne Island. I'm the vice president of Venetian Way City of Miami Page 27 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Neighborhood Alliance. We urge you to vote for ordinance FR.3 and 4, proposed by our commissioner, Damian Pardo. These ordinance reverse the recent proposals for huge LED billboards, advertising items not available on their site, which is illegal under County, State, and Federal law. Please vote yes on FR.3 and 4 and protect our semitropical community from these illegal, enormous blights. And we hope that Commissioners Reyes, King, and Galbalo [sic] will join Commissioner Pardo on his selection. Thank you. Chair King: Thank you. Good morning. Nicole Desiderio: Good morning. Nicole Desiderio, 900 Biscayne Bay. I have lived in Miami for 18 years and South Florida all of my life. I am speaking here on Item FR.3 and FR.4, regarding the oversized LED billboards. We have a group chat in my building that consists of hundreds of residents. And although many of them could not be here today to speak, I can attest that no one in my building wants these LED billboards. I also attended the virtual town hall last night, where not one resident was in support of these LED billboards. No one wants them. It completely changes the skyline and the overall aesthetic of Downtown Miami. We are not Times Square. We are not Las Vegas, and we would like to preserve the natural beauty of Miami as much as possible. In any other city or state, it is extremely, extremely difficult to get billboards approved, and this is because the residents don't want them. As you are aware, this ordinance was passed while there was no District 2 commissioner in place, and the previous District 2 commissioner that sponsored this item has since been jailed and removed from the Commission. It is clear that this item should never have been approved to begin with. I ask that you not allow these oversized LED billboards to continue. In another matter, 1 ask that you remove Joe Carollo as the chair of the Bayfront Park Management Trust -- Chair King: Ma'am. Ms. Desiderio: -- and replace him with our District 2 Commissioner -- Chair King: Thank you. Ms. Desiderio: -- Damian Pardo. Chair King: Thank you. Ms. Desiderio: Thankyou. Chair King: Good morning. Kenneth Gordon: Good morning, Chairwoman King, Honorable Commissioners. 100 feet high, 1,080 square feet. We have a lot of well-meaning people who have come here today that when they're finished, they're going to go home to Pinecrest, Coral Gables, Key Biscayne. You'll never see a sign like that in those neighborhoods. Not in my backyard. Pollution. The Environmental Protection Agency defines pollution as any substance that offends the senses and sight and produces an undesirable environmental effect. Light pollution is defined as over illumination. 1,080 square feet at 100 feet high. Who's -- who's really going to be monitoring the content on these signs? There has to be driving advertising revenue. I can 't wait to see Club EIIEVEN, 24/7 365, this exit. I'll leave you with two thoughts. Pollution should never be grandfathered in. And two wrongs do not make a right. Thank you. Chair King: Thank you. Mr. Hannon: Chair, my apologies. Sir, if I could have your name for the record. Sir. City of Miami Page 28 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Chair King: Sir. Mr. Hannon: Your name, for the record. Mr. Gordon: Kenneth Gordon, 950 North Venetian Drive, Miami, Florida. Mr. Hannon: Thank you. Chair King: Good morning. Tony Tovar: Good morning. My name is Tony Tovar. I'm in 1600 Northeast 1st Avenue. I'm a resident. I'm in support of FR.3. The reason of my opposition of this digital billboard is the pollution, the light pollution. It's going to disrupt the natural patterns of wildlife and human sleep. I can tell you I live in one of those buildings. We get so much light; it really disrupts the way that I sleep. And I love to sleep. And as you were pointing out, Madam Chairwoman, about yoga. You know, we 're trying to find ways to destress. So, we need like eight hours of sleep. So, please keep that in mind. One of the things that I do too, I run from 6 in the morning to 8 in the morning, from Venetian, back, and I can tell you the pollution -- the light pollution is getting worse and worse. It's not equitable and it's going to reach out to Overtown. So, one of the things I really want you guys to consider is, right now we can see planet Venus from -- from where I live. If you guys install this digital LED, it's going to go away, and we're not going to be able to see it anyniore. And you guys are taking our -- you know, taking our equity away. So, consider that. And I want to say to the PAMM and the Arsht Center, I love everything you guys do, but consider like actually letting go of your marketing and communications department. If they cannot get the word out to the community, then it tells you right away that you guys are not investing in the right people, or you're not investing on the good ways on doing community relations. Thank you so much. Chair King: Thank you. Good morning. Javier Avino: Good morning. Javier Avino with the law firm of Bilzin Sumberg, 1450 Brickell Avenue, here on behalf of NTWW, New Traditions Worldwide Rush, the company that Mr. Torres referenced that has been meeting with the neighbors to -- to distinguish ourselves, and our signs, and our process, from the other signs that seem to be creating quite a bit of noise. And our signs are, just to clarify, 393 square feet in size. So, under 400 square feet in size, not 1,800. We went through a robust process, independent of the ordinance that has been referred to, that was passed by -- by a prior board. We went through a robust process that included issuance by the City of a license agreement that specified the specific locations, specific size of our signs. We, in addition to that City process, obtained approvals by the State, so we have issued FDOT licenses to operate our signs. And we have gone through the City process as well for our permitting. So, what I urge this board to do, if it is inclined to pass FR.3 and FR.4, is to make sure that there is a proper carve out for our signs that did go through the right process, did follow all the legal -- legalities, have worked with neighbors to ensure that our signs are compatible. So, we appreciate your consideration and thank you for your time. Chair King: Thank you. Good morning. Kathy Parks Suarez: Good morning. My name is Kathy Suarez, and I'm here to speak on behalf of PZ.11, and 8, 9, 10, and 12. The City of Miami is missing out on a lot of money. A lot of money. Commissioner Pardo, I need your vote, and I have nothing to do with this. I have no skin in this game, but I am a .firm believer in the medical marijuana -- I'm sorry, didn't mean to call you out. I'm 66 years old. My kids -- both my kids suffer with seizure disorder. They moved out the state of Florida to be able to get legal cannabis. They're both in the industry, outside the state. They can't live in City of' Miami Page 29 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 the state because they couldn't get jobs here in that industry. My daughter cannot take any pharmaceutical drug for what she has. 1 broke a bunch of bones, the whole right side of my body in 2018. Commissioner Carollo and Commissioner Reyes, you were on the dais back then. I was on -- in a wheelchair for a month, and on a walker for a month, and I used cannabis. I did not take one oxycontin, and I broke every bone in the right side of my -- main part of my body. We're missing out on money. We're selling delta-8 and 9, which is extremely dangerous. Kids are buying it and smoking it. It's not regulated, and it's being sold near schools in the West Grove. There is a dispensary on Grand Avenue near the START (Striving to Attain Remarkable Teens) Program, which is a volunteer tutoring program, and it's close to Carver Elementary and Carver Middle. It's a dangerous, dangerous get high. We need to change the mindset and the old attitude that weed is such a bad thing. Thank you. Chair King: Thank you. Good morning. Marli Schutz: Good morning. My name is Marli Shutz and I live in Edgewater, at 488 Northeast 18th Street. I am here to speak in opposition to FR.3 and FR.4. I think that the proposed signs will look great and it is laughable that these specific signs are being targeted, considering there are 10,000 square feet illuminated murals all over downtown, at every corner. Thank you so much. Chair King: Thank- you. Good morning. Ma'am? Clara Garcia: 1 'm going to wait because I'm going to speak directly to Pardo. Chair King: Okay, go ahead. Ma'am? Alexandria Ledezma: Hello, my name is Alex Ledezma. I am the vice president of the Downtown Neighbors Alliance and the president of MET 1 Condo. As you know, the downtown core, we represent about 30,000 residents and we are in favor -- in support of FR.3 and 4 for many reasons. And as you know, just two weeks ago, we had many residents here speaking their mind, you know, opposing the LED billboards. We've had several town hall meetings this week and not one person, not one person, agreed on these LED billboards. Some of the billboards, as you know, like we -- we had no choice. It's like being shoved down our throat, with no -- any residential outreach. And as I said last time I spoke, you all -- and so have -- so am I, I've been -- I'm in -- you know, I work for the government for 42 years and still working. As a public servant, we all took the oath to swear to protect and serve. You, as commissioners, I'm begging you, I'm pleading to protect the residents and the community that is the reason why you're sitting there, is because we want you to do the right thing. Forget about the money, this whole situation of "this is revenue" (UNINTELLIGIBLE). We don't care about the revenue. I mean, just the park alone has $26 million in their account, okay? We want the quality of life. We want the respect that in the event something should happen in our community, that you voice it to us, and let us have a - - be part of the -- be part of the decision -making or at least be able to voice it. Thank you and have a wonderful day. Chair King: Thank you. Good morning. Christi Tasker: Good morning, Commissioners. Thank you all for being here. My name is Christi Tasker. I live at 150 Southeast 25th Road, which is right near the Rickenbacker Causeway. In terms of PAMM, I'm going to speak on the signage ordinance first. First of all, PAMM was a land that was paid for by the people of Miami and the city of Miami -Dade. The 70 feet height restriction should be evident of what should've been allowed to begin with. In the public private partnership, they are threatening to sue the very Commission that approved the partnership to begin with. The signs themselves are larger than most condos in downtown, and I have not had a single person call my office in support of these billboards. Matter of fact, everyone is City of Miami Page 30 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 extremely upset. I'm a huge advocate for artists and small business owners. So, I'm very surprised to hear small business owners actually here in support of these. So, 1 ask the Commission, in the future, can you guys please put in something so that we don't have paid supporters up here speaking that do not, number one, live in the City itself and also, make sure that we're following up with that. I think that would shorten your lines a bit. And do not buy into the threats from PAMM attorneys. PAMM has already failed the community by littering property with homeless encampments. I have personally seen these encampments myself I have photos and I have videos from walking with downtowners. Now they want light pollution and pole pollution. We don't need either. Matter of fact, we need to remove a lot of the poles that are in our parks already, and a lot of the digital billboards that are blocking our sidewalks. And just imagine the cost and the increases in insurance. Automobile and all types of insurance from these lighted billboards that we already know cause -- cause problems and health problems. 1 have not seen a single social media advertisement from PAMM, which could've been easily used, which would be very economical if they were trying -- Chair King: Thank you. Ms. Tasker: -- to use it for marketing purposes. Thank you all. Chair King: Thank you. Good morning. Ms. Garcia: Good morning. Excuse me. My name is Clara Garcia, resident of Coconut Grove, business owner, architect of the Grand Avenue Development Group. With your permission, I'm going to spread this information for all of you. Ms. Pardo [sic], thank you for you to be part of our district and we are very glad that you are our new commissioner. And we know that you are getting courage to do something better for West Coconut Grove. We really need it. And we kindly ask to take in consideration the zoning land use for the West Grand side because it must be included also to bring the continuity of the all mixed -use commercial from the east through the west until the US-1. And we know with your support we can do it. We have many -- we bring in this paper, many ideas that the developer want to do for the community and a better way to serve the community with affordable housing, encourage the cultural activities, et cetera, et cetera. We would like to have a meeting with you to discuss in person our proposal. Thank you. Chair King: Thank you. Good morning. Darlene Fajardo: Good morning, Commissioners. Thank you for being -- and meeting with us this morning. My name is Darlene Fajardo. I live in 3720 Kumquat Avenue, and I'm going to be talking about PZ.5. Again, Commissioner Pardo, I'm very happy to have you in our district, leading us, and here we hear from your representatives that you're very enthusiastic about helping West Grove. And the proposal for PZ.5 sounds great and abundant, but I just want to bring to your attention that there 's like a little strip that's still being neglected be -- on Grand Avenue between 37th and US- 1, right across the street from Carver, right across the street from a bunch of other empty lots and dilapidated streets, and missing illumination. We would like to revitalize this plan and have you include it also on -- when -- on your proposal for the West Grove because we want to make sure that the commercial corridor named Douglas -- Douglas and Grand Avenue remain continuous instead of it being fragmented and separated, frankly, as it is right now. So, thank you. Commissioner Pardo: I agree. Chair King: Thank you. Good morning. City of' Miami Page 31 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Rick Schutz: Good morning. Rick Schutz, 5921 Southwest 105th Street, Miami, Florida. I'm a former chairman of the Arsht Center Foundation. I'm a supporter and frequent visitor of the PAMM. I'm here to speak on behalf of PAMM and want to clarify two things. The RFP (Request for Proposal) response that Mr. Llorente's client, Outfront Media, proposed at PAMM exceeded 950 feet. Each sign was 1,250 feet. His statement was, again, inaccurate. Two, this company also had illegal murals for over a decade in the city of Miami. This is simply an attempt to protect their business interest at the expense of PAMM. Thank you. Chair King: Thank you. Seeing no one else for public comment, the public comment period is now closed. Thank you all for your advocacy. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - Special Meeting - Dec 11, 2023 5:05 PM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: At this time, I will ask my colleagues if I might have a motion to approve the minutes for Special Commission meeting December 1 lth and -- Commissioner Reyes: Move it. Chair King: -- Commission meeting December 14th, 2023.1 have a motion, do 1 -- Commissioner Pardo: Second. Chair King: -- have a second? All in favor? The Commission (Collectively): Aye. Chair King: Thank you. AM.2 City Commission - City Commission Meeting - Dec 14, 2023 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number AM.2, please see Item Number AM.1. City of Miami Page 32 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 MV - MAYORAL VETO(ES) There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. END OF MAYORAL VETO(ES) City of Miarni Page 33 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 CA.1 15402 Department of Police CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE CITY OF PINECREST AND NORTH BAY VILLAGE TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ENSURE PUBLIC SAFETY AND ABILITY TO ADEQUATELY RESPOND TO INTENSIVE SITUATIONS, INCLUDING BUT NOT LIMITED TO NATURAL AND MAN-MADE DISASTERS OR EMERGENCIES AS DEFINED IN PART 1, CHAPTER 23, FLORIDA STATUTES, THE "FLORIDA MUTUAL AID ACT." ENACTMENT NUMBER: R-24-0062 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.1, please see End of Consent Agenda. City of Mianii Page 34 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 CA.2 15401 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "FY23-24 STATE ASSISTANCE FOR FENTANYL ERADICATION (S.A.F.E.) IN FLORIDA PROGRAM"; ACCEPTING AND APPROPRIATING A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT ("FDLE"), IN THE AMOUNT OF $350,000.00, WITH NO MATCHING FUNDS REQUIRED, TO CONDUCT INVESTIGATIONS DESIGNED TO COMBAT ILLEGAL FENTANYL ACTIVITY; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AWARD AGREEMENT ALONG WITH A VOLUNTARY COOPERATION MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH FDLE; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE OR ANY OTHER DESIGNEE TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF THE FUNDS AND COMPLIANCE WITH REQUIREMENTS OF THE AWARD AND MUTUAL AID AGREEMENTS. ENACTMENT NUMBER: R-24-0063 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see End of Consent Agenda. CA.3 RESOLUTION 15372 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING SIX (6) RIGHT-OF-WAY DEEDS AND TWO (2) QUIT CLAIM RIGHT-OF-WAY DEEDS OF DEDICATION ("DEEDS"), AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR RIGHT-OF-WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN A COPY OF THE DEEDS. ENACTMENT NUMBER: R-24-0064 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.1, please see End of Consent Agenda. City of Mianii Page 35 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 CA.4 RESOLUTION - Item Pulled from Consent 15496 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE COMPREHENSIVE STORMWATER MASTER PLAN, DATED MARCH 2021, PREPARED BY CDM SMITH, INC. FOR THE CITY OF MIAMI'S OFFICE OF CAPITAL IMPROVEMENTS PROJECT NUMBER 40-B30632A, ATTACHED AND INCORPORATED AS EXHIBIT "A" ("CWWMP"), TO FACILITATE THE EVALUATION OF AREAS SUBJECT TO EXTREME FLOODING CONCERNS THAT IMPACT PUBLIC SAFETY, PROPERTY LOSS; DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO IMPLEMENT THE CSWMP; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item CA.4 was continued to the March 14, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number CA.4, please see "Order of the Day" and "Public Comments for all Item(s)." City of Mianii Page 36 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 CA.5 15510 City Manager's Office RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DELEGATING AUTHORITY TO THE CITY MANAGER TO AWARD A PROFESSIONAL SERVICES AGREEMENT ("PSA") TO RESPONSIVE AND RESPONSIBLE EXTERNAL INDEPENDENT AUDITING FIRMS ("FIRMS"), PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 1782387 FOR AN AUDIT SERVICES POOL ("AUDIT POOL"), FOR A PERIOD OF THREE (3) YEARS WITH TWO (2) ONE (1) YEAR OPTIONS TO RENEW; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER INCLUSION OF ADDITIONAL FIRMS IN THE AUDIT POOL, AS MAY BE DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI ("CITY"), WITHOUT NEED FOR FURTHER CITY COMMISSION APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PSA WITH EACH OF THE FIRMS RECOMMENDED FOR AWARD, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; AND, FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE, WITH A REPORT LISTING THE FIRMS AWARDED TO THE AUDIT POOL TO BE SENT FROM THE CITY MANAGER TO THE CITY COMMISSION. ENACTMENT NUMBER: R-24-0065 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.1, please see End of Consent Agenda. City of Mianii Page 37 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 CA.6 15381 Office of the City Attorney CA.7 15498 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY SHAWN MAHON ("MAHON") THIRTY -FIVE -THOUSAND -DOLLARS ($35,000.00), WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS BY MAHON, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE OF FRATERNAL ORDER OF POLICE, MIAMI LODGE NO. 20, AND ALFREDO VEGA, ET AL. V. CITY OF MIAMI, CASE NO. 98-7760- CA-01, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, UPON THE EXECUTION OF A GENERAL RELEASE OF THEIR CLAIMS AND DEMANDS, AND A DISMISSAL OF THEIR CLAIMS AGAINST THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM GENERAL LIABILITY ACCOUNT NO. 50001.301001.545013.0000.00000. ENACTMENT NUMBER: R-24-0066 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.1, please see End of Consent Agenda. RESOLUTION - Item Pulled from Consent A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY PLAINTIFF WILLIE WHITE AND HIS ATTORNEYS, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $45,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED WILLIE WHITE VS. CITY OF MIAMI, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 23-CV-24783-FAM, UPON THE EXECUTION OF A JOINT STIPULATED GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT UNDER 42 U.S.C. § 1983 PENDING IN FEDERAL COURT AND A DISMISSAL OF THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0.0. ENACTMENT NUMBER: R-24-0077 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number CA.7, please see "End of Consent Agenda." City of Mianii Page 38 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 END OF CONSENT AGENDA Chair King: With respect to the consent agenda items, do I have a motion to pass CA.1, 2, 3, 5, and 6? Vice Chair Carollo: Hold on, please. Commissioner Reyes: I mean 4 --1 mean, 3, 5 -- Chair King: 4 -- 4 has been deferred -- Commissioner Reyes: Deferred -- Chair King: -- until -- Commissioner Reyes: Yes. Chair King: -- 3/14. Commissioner Reyes: Okay, yeah. Chair King: And I believe we have to take up FR.6 .first before we can take up -- no? FR.6 and -- with CA.7? Todd B. Hannon (City Clerk): I'm sorry, I'm not aware. Mr. City Attorney? Chair King: 1 have a note here, FR.6 -- George Wysong (Deputy City Attorney): Yes. Chair King: -- and CA.7. Mr. Wysong: Yes, you're correct. Chair King: I have to take FR.6 first, correct? So, I'm asking for a motion to pass CA.1, 2, 3, 5, and 6 only. Commissioner Pardo: I'll make the motion. Commissioner Reyes: Move it. Chair King: I have a motion. Do I have a second? Commissioner Gabela: Second. Chair King: I have a motion and a second. Are there any items that you would like to discuss? Seeing none, all in favor? The Commission (Collectively): Aye. Chair King: CA.1, 2, 3, 5, and 6 pass unanimously. [Later...] Chair King: CA.7, may I have a motion for CA.7? Commissioner Gabela: Motion. City of Miami Page 39 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Chair King: I have a motion; do 1 have a second? Commissioner Pardo: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Victoria Mendez (City Attorney): Thank you. City of' Miami Page 40 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 PH - PUBLIC HEARINGS PH.1 RESOLUTION 15414 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING PROGRAM INCOME FROM COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS GENERATED FROM OCTOBER 1, 2023 TO DECEMBER 31, 2023, IN THE AMOUNT OF $77,540.85, FOR ELIGIBLE HOUSING AND ECONOMIC DEVELOPMENT ACTIVITIES, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0067 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: May 1 have a motion to pass PH.1, 2, 3, 4 -- 1, 2, 3, and 4? Commissioner Reyes: Move it. Chair King: 1 have a motion. Commissioner Pardo: I'll second. Chair King: I have a second. All in favor -- Todd B. Hannon (City Clerk): Chair. Commissioner Gabela: Aye. Chair King: Yes? Mr. Hannon: PH.3 and 4 will be amended. Chair King: As amended. I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Vice Chair Carollo: Question. Chair King: Question. Vice Chair Carollo: Where is the money for PH.3 coming from? Just so we could have it on the record. Chair King: PH.3. From the Mayor's Office, correct? Venture? Venture Miami? City of Miami Page 41 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Erick Gavin (Executive Director, Venture Miami): Yes, that is correct, Commissioner. It's coming from the Mayor's -- it's coming from the Venture Miami Fund that we have for special revenue account. Vice Chair Carollo: Okay. PH.2 RESOLUTION 15413 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING PROGRAM INCOME FROM HOME INVESTMENT PARTNERSHIPS PROGRAM ("HOME") FUNDS GENERATED FROM OCTOBER 1, 2023 TO DECEMBER 31, 2023, IN THE AMOUNT OF $10,067.67 AND AN ADDITIONAL AMOUNT OF $61,650.00 OF RECAPTURED FUNDS FOR A TOTAL AMOUNT OF $71,717.67, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL THE NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR SAID PURPOSES. ENACTMENT NUMBER: R-24-0068 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number PH.2, please see Item Number PH.1. City of Miami Page 42 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 PH.3 RESOLUTION 15543 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT BETWEEN CLARKE SMART SOLUTIONS, LLC D/B/A URBAN PULSE DIRECT, LLC, MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, AND THE CITY OF MIAMI ("CITY"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT, PROMOTE, HOST, FUNDRAISE, AND ENGAGE THE COMMUNITY FOR TWO (2) CITY PITMASTER BARBECUE COMPETITIONS WHICH WILL BE HELD ON MARCH 23, 2024, AT CHARLES HADLEY PARK, LOCATED AT 1350 NORTHWEST 50TH STREET, MIAMI, FLORIDAAND ON APRIL 20, 2024, AT MAURICE A. FERRE PARK, LOCATED AT 1075 BISCAYNE BOULEVARD, MIAMI, FLORIDA WITH PROCEEDS TO BENEFIT THE VENTURE MIAMI SCHOLARSHIP FUND ("PURPOSE"); FURTHER AUTHORIZING AN ALLOCATION IN AN AMOUNT NOT TO EXCEED TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($250,000.00) TO BE DIVIDED AMONG THE ENTITIES STATED HEREIN, PURSUANT TO THE TERMS OF THE TERM SHEET, ATTACHED AND INCORPORATED HEREIN AS EXHIBIT "B," FROM THE OFFICE OF THE CITY MANAGER'S VENTURE MIAMI INITIATIVE ACCOUNT NO. 971000.150009.882000.0.0 FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO ACCEPT ALL DONATED FUNDS ASSOCIATED WITH SAID PURPOSE, PURSUANT TO SECTION 18-115 OF THE CITY CODE; FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE SAID DONATED FUNDS TO THE MIAMI FOUNDATION FOR DEPOSIT INTO THE CITY'S VENTURE MIAMI SCHOLARSHIP FUND, ESTABLISHED PURSUANT TO RESOLUTION NO. R-22-0281, ADOPTED ON JULY 28, 2022; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL ADDITIONAL DOCUMENTS, RENEWALS, MODIFICATIONS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS IN COMPLIANCE WITH APPLICABLE SECTIONS OF THE CITY CODE, AND ALL APPLICABLE LAWS, RULES, AND REGULATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0069 City of' Miami Page 43 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number PH.3, please see Item Number PH.1. City of Miarni Page 44 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 PH.4 RESOLUTION 15271 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT A REQUEST TO MIAMI-DADE COUNTY ("COUNTY") FORA PUBLIC PURPOSE CONVEYANCE OF A PORTION OF CERTAIN COUNTY -OWNED LAND AT NORTHEAST 2 AVENUE AND NORTHEAST 61 STREET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT AATTACHED HERETO ("COUNTY PARCEL"), TO THE CITY OF MIAMI ("CITY"); ACCEPTING THE PUBLIC PURPOSE CONVEYANCE OF THE COUNTY PARCEL AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT THE PUBLIC PURPOSE CONVEYANCE OF THE COUNTY PARCEL ON BEHALF OF THE CITY, PURSUANT TO A DEED IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE COUNTY FOR THE VACATION AND CLOSURE OF A PORTION OF NORTHEAST 61 STREET ABUTTING THE COUNTY PARCEL, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT B ATTACHED HERETO ("COUNTY RIGHT-OF-WAY PARCEL"); ACCEPTING THE CONVEYANCE FROM MCD MIAMI, LLC OR ITS AFFILIATES, SUCCESSORS OR ASSIGNS OF AN APPROXIMATELY 6,812 SQUARE FOOT PARCEL THAT WILL RESULT FROM THE REROUTING OF NORTHEAST 4 AVENUE BETWEEN NORTHEAST 61 AND NORTHEAST 62 STREETS, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT C ATTACHED HERETO ("MCID PARCEL"), AS CONTEMPLATED UNDER THE MAGIC CITY INNOVATION DISTRICT SPECIAL AREA PLAN ("MCID SAP"), AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT THE CONVEYANCE OF THE MCID PARCEL, PURSUANT TO A DEED IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AND SUBMIT ONE OR MORE APPLICATIONS FOR A FUTURE LAND USE MAP AMENDMENT AND REZONING AS NECESSARY TO DESIGNATE THE COUNTY PARCEL, THE NORTHERN HALF OF THE COUNTY RIGHT-OF-WAY PARCEL (AS MORE PARTICULARLY DESCRIBED IN EXHIBIT D ATTACHED HERETO) ("NORTHERN HALF OF THE COUNTY RIGHT-OF-WAY PARCEL") AND THE MCID PARCEL TO "PARKS AND RECREATION" ON THE CITY'S ADOPTED FUTURE LAND USE MAP ("FLUM") OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN ("MCNP") AND "CS" TRANSECT ZONE ON THE CITY'S ADOPTED ZONING ATLAS ("ZONING ATLAS") OF THE MIAMI 21 ZONING CODE (ORDINANCE NO. 13114 OF THE CITY OF MIAMI, FLORIDA, AS AMENDED) ("MIAMI 21 CODE"), UPON THE ACQUISITION OF EACH BY THE CITY; FURTHER AUTHORIZING, DIRECTING AND APPROVING THAT THE COUNTY PARCEL, THE NORTHERN HALF OF THE COUNTY RIGHT-OF-WAY PARCEL AND THE MCID PARCEL, FOLLOWING THEIR DESIGNATION AS "PARKS AND RECREATION" ON THE FLUM AND "CS" TRANSECT ZONE ON THE ZONING ATLAS, SHALL BE UTILIZED TOWARDS THE CITY'S NO NET LOSS POLICY FOR PUBLIC PARK LAND AND TOWARDS THE REQUIRED PUBLIC OPEN SPACE UNDER THE MCID SAP; FURTHER AUTHORIZING, DIRECTING AND APPROVING THE CITY TO JOIN, AS A CO -APPLICANT, A PLAT TO INCLUDE THE CITY -OWNED PROPERTY AT 299 City of Mianii Page 45 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 NORTHEAST 59 TERRACE AND A PORTION OF 303 NORTHEAST 59 TERRACE AS NECESSARY FOR THE PURPOSE OF CONVERTING 299 NORTHEAST 59 TERRACE AND A PORTION OF 303 NORTHEAST 59 TERRACE TO PUBLIC RIGHT-OF-WAY FOR THE PROPOSED EXTENSION OF NORTHEAST 3 AVENUE BETWEEN NORTHEAST 60 STREET AND NORTHEAST 59 TERRACE; FURTHER APPROVING THE CONVEYANCE OF THE CITY -OWNED PROPERTY AT 6150 NORTHEAST 4 AVENUE TO MCD MIAMI, LLC OR AN AFFILIATE, SUCCESSOR OR ASSIGN UNDER SECTION 29-B(A) OF THE CITY CHARTER, AS AMENDED, FOR THE PURPOSE OF IMPLEMENTING HOUSING PROGRAMS OR PROJECTS WHICH ARE INTENDED TO BENEFIT PERSONS OR HOUSEHOLDS WITH LOW AND/OR MODERATE INCOME, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A DEED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ON BEHALF OF THE CITY TO EFFECTUATE SUCH CONVEYANCE AT SUCH TIME AS THE PROPOSED EXTENSION OF NORTHEAST 3 AVENUE BETWEEN NORTHEAST 61 AND NORTHEAST 60 STREETS AND THE PROPOSED REROUTING OF NORTHEAST 4 AVENUE BETWEEN NORTHEAST 62 AND NORTHEAST 60 STREETS HAVE BEEN DEDICATED OR CONVEYED TO THE CITY BY PLAT OR OTHERWISE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND TO TAKE ANY AND ALL ADMINISTRATIVE ACTIONS NECESSARY TO EFFECTUATE AND CARRY OUT THIS RESOLUTION. ENACTMENT NUMBER: R-24-0070 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number PH.4, please see Item Number PH.1. END OF PUBLIC HEARINGS City of Miami Page 46 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 RE — RESOLUTIONS RE.1 RESOLUTION 15350 Department of Fire -Rescue A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM FISCAL YEAR 2023"; APPROPRIATING FUNDS FOR THE OPERATION OF THE SAME BY THE CITY OF MIAMI ("CITY") DEPARTMENT OF FIRE -RESCUE ("FIRE"), IN THE AMOUNT OF $13,802,313.00, CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY ("DHS") THROUGH THE STATE OF FLORIDA'S DIVISION OF EMERGENCY MANAGEMENT ("FDEM"); AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND EXECUTE THE SUBGRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANT AWARD; AUTHORIZING THE CITY MANAGER TO EXTEND THE FISCAL YEAR 2023 UASI GRANT PROGRAM, AS NECESSARY AND TO EXECUTE ANY AND ALL OTHER RELATED MODIFICATIONS, AMENDMENTS, AND EXTENSIONS ON ALL MATTERS, EXCEPT THOSE DEALING WITH FUNDING CHANGES; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSES PURSUANT TO THE UASI GRANT GUIDELINES; AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDA OF AGREEMENT(S) WITH ITS CONTIGUOUS PARTNERS SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY CITY'S FIRE CONTINGENT UPON FUNDING OF THE PROJECT BEING SECURED; AUTHORIZING THE CITY MANAGER TO APPROVE THE CREATION AND SUBSEQUENT HIRING OF ONE (1) GRANT FUNDED SENIOR BUDGET AND FINANCIAL SUPPORT ADVISOR AND ONE (1) GRANT FUNDED SPECIAL PROJECTS ASSISTANT IN FIRE, AS REQUIRED PURSUANT TO RESOLUTION NO. R-23-0448 ADOPTED DECEMBER 11, 2023, AND SUBJECT TO THE LIMITATIONS AND REQUIREMENTS SET FORTH IN RESOLUTION NO. R-22-0230; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE ANY NECESSARY CHANGES TO ADJUST, AMEND, AND APPROPRIATE THE FISCAL YEAR 2023-2024 OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI -YEAR CAPITAL PLAN REGARDING CITY SERVICES AND RESOURCES AS NECESSARY, LEGALLY ALLOWED, AND APPLICABLE IN ORDER TO CREATE SAID POSITIONS FOR City of Mianii Page 47 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 FIRE; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0071 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: May I have a motion for the RE (Resolution) items, RE.1, 2, 3, 4, 5, and 6? Commissioner Reyes: I move it. Commissioner Gabela: Discussion for budget item. Chair King: Hold on a second. Todd? Todd B. Hannon (City Clerk): RE.5 will be as amended. Chair King: RE.5 would be as amended. You would like to take something out for discussion? Commissioner Gabela: RE.2. Chair King: RE.2. So, we'll exclude RE.2. May I have a motion for RE. 1, 3, 4, 5, and 6? Commissioner Reyes: Move it. Chair King: I have a motion. Do I have a second? Commissioner Gabela: Second. Second. Chair King: 1 have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Mr. Hannon: And Chair, just for the record, RE.3 is to be co -sponsored by Commissioner King. Chair King: Right. Commissioner Gabela: That was one - Chair King: Father Major's daughter was here. She had to leave. I'm sorfy that she couldn't be here for us to pass it unanimously, but -- Commissioner Reyes: Yes. City of' Miami Page 48 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Chair King: -- yay. I'm sorry, Commissioner? Commissioner Gabela: No, we just did 1, 3, 4, 5, and 6, correct? Chair King: Correct, because we're going to go back to RE.2. Commissioner Gabela: Yep. RE.2 RESOLUTION 15320 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING APPROPRIATIONS RELATING TO THE 2023-2024 FISCAL YEAR ADOPTED OPERATING BUDGET PURSUANT TO RESOLUTION NO. R-23-0448 ADOPTED ON SEPTEMBER 28, 2023, AS AMENDED, THE FIVE-YEAR FINANCIAL PLAN, THE STRATEGIC PLAN, AND THE MULTI- YEAR CAPITAL PLAN PURSUANT TO RESOLUTION NO. R-23- 0376 ADOPTED ON SEPTEMBER 9, 2023, AS AMENDED (COLLECTIVELY, THE "BUDGET"), AND AUTHORIZING THE CITY MANAGER TO MAKE ANY NECESSARY CHANGES TO ADJUST, AMEND, ALLOCATE, AND APPROPRIATE THE BUDGET, AND ANY PART THEREOF, REGARDING CITY OF MIAMI SERVICES AND RESOURCES AS NECESSARY AND LEGALLY ALLOWED; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED OFFICIALS AND DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS AND FOR NECESSARY RELATED DOCUMENT NEGOTIATIONS AND EXECUTIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR APPLICABLE EFFECTIVE DATES. ENACTMENT NUMBER: R-24-0076 MOTION TO: Adopt RESULT: ADOPTED MOVER: Damian Pardo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item Number RE.2, please see "Public Comments for all Item(s)." Chair King: Good afternoon, everyone. Commissioner Reyes: (UNINTELLIGIBLE). Chair King: Welcome back to the City of Miami Commission meeting for February 22nd, 2024. We are going to get going. We have only a few items left to take up. Big pause, I was trying to see if two of my other colleagues would join us. Here comes one. I'm going to check for the other one. Let's see if we can move this along. (COMMENTS MADE OFF THE RECORD) City of Miami Page 49 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Chair King: Okay. FR.3? FR.3. Commissioner Pardo: We're at FR.3? Chair King: Yes. Commissioner Pardo: Great. Chair King: Let me make sure. Let me make sure. We don't have anything left over from everything on this side. Went through -- we can take up RE.2. Is there --? The budget amendment. Are we having a presentation on --? 1 don't see Budget. Three o'clock means three o'clock. Good afternoon. Marie Gouin (Director, Budget): Good afternoon, Madam Chair, Commissioners. Chair King: Good afternoon. Let me see if -- do I have a motion for discussion purposes? Commissioner Pardo: Motion for discussion purposes. Commissioner Reyes: Second. Chair King: So, I have a motion and a second. Do you have a presentation for us? Ms. Gouin: 1 do not have a presentation for this item. Chair King: Do we have any --? Do you have any questions, my colleagues, do we have any questions? (COMMENTS MADE OFF THE RECORD) Chair King: No? No? Well, I have a motion and a second. Todd B. Hannon (City Clerk): Chair, just briefly. Chair King: Oh. Mr. Hannon: There is a backup document that just needs to be removed from the legislative file. It doesn't amend the legislation, it just needs to be removed from the legislative file for the record. Chair King: As amended. So, I have a motion and a second. [Later...] Chair King: So, we have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Commissioner Gabela, did you vote yes or no? Commissioner Gabela: Yes, I said aye. Chair King: Okay, motion carries. City of' Miami Page 50 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Todd B. Hannon (City Clerk): And that will be as is, but just there again is a backup document that needs to be removed from the legislative file, but it doesn't amend the legislation. Chair King: Okay. Larry Spring (Assistant City Manager/Chief Financial Officer): It's there. It wasn't uploaded. Chair King: Okay. RE.3 RESOLUTION 14898 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHWEST 19TH AVENUE BETWEEN NORTHWEST 54TH STREET AND NORTHWEST 55TH STREET, MIAMI, FLORIDA AS "REVEREND CANON J. KENNETH MAJOR WAY," PURSUANT TO SECTION 54-137, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. ENACTMENT NUMBER: R-24-0072 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number RE.3, please see "Public Comments for all Item(s)" and Item Number RE.1. City of Miami Page 51 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 RE.4 RESOLUTION 15516 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT, BUDGET, ALLOCATE, AND APPROPRIATE THE ONE MILLION DOLLARS ($1,000,000.00) APPROPRIATED BY THE STATE OF FLORIDA ("STATE") DEPARTMENT OF TRANSPORTATION ("FDOT") TO THE CITY OF MIAMI ("CITY") FOR THE MIAMI-TAMIAMI BOULEVARD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS PROJECT, OFFICE OF CAPITAL IMPROVEMENTS PROJECT NUMBER 40-B243600 ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT WITH THE STATE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF THE STATE APPROPRIATED FUNDS FOR THE PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING BUT NOT LIMITED TO, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0073 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number RE.4, please see Item Number RE.1. RE.5 RESOLUTION 15562 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION NAMING A CERTAIN PRIVATE ROAD WITHIN BRICKELL KEY AS "ISLAND DRIVE;" CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0074 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number RE.S, please see Item Number RE.1. City of Mianii Page 52 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 RE.6 RESOLUTION 15561 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REALLOCATING FUNDS, IN THE TOTAL AMOUNT OF ONE MILLION, SIX HUNDRED SIXTY-FOUR THOUSAND, THREE -HUNDRED FOUR AND 57/100 DOLLARS ($1,664,304.57) ("FUNDS") FROM PROJECT NOS. 40-B30630A, 40-B30630AT, 40-B30630T, AND 40- B73102B IN THE CITY OF MIAMI'S ("CITY") FISCAL YEAR 2023-2024 MULTI -YEAR CAPITAL PLAN ADOPTED ON SEPTEMBER 9, 2023 PURSUANT TO RESOLUTION NO. R-23-0376, AS SUBSEQUENTLY AMENDED, ("CAPITAL PLAN"), AND RE -APPROPRIATING SAID FUNDS TO THE NORTHEAST 3 AVENUE FROM NORTHEAST 54 STREET TO NORTHEAST 58 TERRACE D5 PROJECT, PROJECT NO. 40- B50906, ALL AS SET FORTH IN EXHIBIT "A", ATTACHED AND INCORPORATED; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE CAPITAL PLAN, 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-24-0075 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number RE.6, please see Item Number RE.1. END OF RESOLUTIONS City of' Miami Page 53 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 14354 AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING Office of the City CHAPTER 2/ARTICLE II/SECTION 2-33 OF THE CODE OF THE Attorney CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE," TO ESTABLISH PROCEDURAL REQUIREMENTS FOR VOTE OUTCOMES INCLUDING BUT NOT LIMITED TO MOTIONS THAT DO NOT OBTAIN A MAJORITY OF VOTES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number FR.1, please see "Order of the Day." City of Mianii Page 54 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 FR.2 ORDINANCE First Reading 15406 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PERSONNEL/CIVIL SERVICE RULES AND REGULATIONS," BY AMENDING SECTION 40-108 OF THE CITY CODE, TITLED "PERSONAL LEAVE," ADDING REFERENCE TO INDIGENOUS PEOPLES' DAY; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Okay. Do I have a motion for FR.2? Commissioner Gabela: Motion. Chair King: 1 have a motion. Commissioner Reyes: Second. Second. Chair King: A second. All in favor of FR.2? Commissioner Pardo: Aye. Commissioner Gabela: Aye. Commissioner Reyes: Yeah and point of clarification. It's going to be -- Commissioner Gabela: We're missing Columbus. Commissioner Reyes: Christopher -- Chair King: It's both. Commissioner Reyes: -- Columbus and -- Chair King: It's -- it's -- we're sharing. Commissioner Reyes: -- and -- it's both because I -- I see here indigenous only. Chair King: Right. Commissioner Reyes: But it is both. Chair King: It's shared for indigenous. Commissioner Reyes: It -- it is going to be shared, right? Chair King: Yes. Victoria Mendez (City Attorney): Columbus Day -- City of Miami Page 55 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Commissioner Reyes: Slash. Ms. Mendez: -- /Indigenous People Day. Commissioner Reyes: Absolutely. That's right. That was it. Okay. Ms. Mendez: May I read the title? Chair King: It's a compromise. So, I have a motion and a second. All in favor? Todd B. Hannon (City Clerk): Chair? Commissioner Gabela: Aye. Commissioner Reyes: Aye. Commissioner Pardo: Aye. Mr. Hannon: The title. Chair King: What? Ms. Mendez: May 1 read the title? The Ordinance was read by title into the public record by the City Attorney. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: We did that already, but just for the record. Okay. Motion carries unanimously. City of' Miami Page 56 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 FR.3 ORDINANCE First Reading 15416 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IX/SECTION 2-779 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/CITY-OWNED PROPERTY/OUTDOOR ADVERTISING SIGNS AND ON -SITE SIGNAGE ON GOVERNMENT -OWNED PROPERTY," TO AMEND ORDINANCE 14140 TO BRING IT MORE INTO CONFORMITY WITH PRIOR ORDINANCE 13536 SO AS TO DISALLOW LED SIGNAGE AND OTHER RECENT CHANGES; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela NAYS: Pardo, Reyes Note for the Record: Item FR.3 was continued to the March 14, 2024, City Commission Meeting. FR.3 ORDINANCE First Reading 15416 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IX/SECTION 2-779 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/CITY-OWNED PROPERTY/OUTDOOR ADVERTISING SIGNS AND ON -SITE SIGNAGE ON GOVERNMENT -OWNED PROPERTY," TO AMEND ORDINANCE 14140 TO BRING IT MORE INTO CONFORMITY WITH PRIOR ORDINANCE 13536 SO AS TO DISALLOW LED SIGNAGE AND OTHER RECENT CHANGES; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: Gabela, Pardo, Reyes NAYS: King, Carollo City of Mianii Page 57 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 FR.3 ORDINANCE First Reading 15416 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IX/SECTION 2-779 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/CITY-OWNED PROPERTY/OUTDOOR ADVERTISING SIGNS AND ON -SITE SIGNAGE ON GOVERNMENT -OWNED PROPERTY," TO AMEND ORDINANCE 14140 TO BRING IT MORE INTO CONFORMITY WITH PRIOR ORDINANCE 13536 SO AS TO DISALLOW LED SIGNAGE AND OTHER RECENT CHANGES; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: Gabela, Pardo, Reyes NAYS: King, Carollo Note for the Record: For additional minutes referencing Item Number FR.3, please see "Public Comments for allltem(s)." Chair King: We have FR.3. Do 1 have a notion? Commissioner Pardo: Madam Chair, should we go straight to the motion or would you like a discussion on the issue? Chair King: A motion -- Commissioner Pardo: Okay. Chair King: -- for discussion. Do I have a motion and a second for discussion for FR.3? Commissioner Gabela: Second. Commissioner Reyes: Yeah. Commissioner Gabela: Second. Chair King • Okay, so I have a motion and a second. Commissioner Pardo: I'll go ahead and frame it. Chair King: Go ahead. Commissioner Pardo: Frame it for everyone. So, this has kind of played out to be a difference between kind of like the money and the lobby industry and residents that are in the areas. And that's how it has been playing out. When you look at this, the way we found out in our office was the PAMM (Perez Art Museum Miami) sign was being erected. And just the welding from the PAMM sign was causing problens for people in buildings at 11:30 at night. So, we directed the City Manager to go ahead and investigate the permit. The permit was issued, but as part of our permits, we have an Article 4, Table 12 design review criteria where it says, sign standards, provide signage appropriate for the scale and character of the project and the immediate City of' Miami Page 58 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 neighborhood. So, you know, 1 would even question how some of that criteria wasn't really seen at the time. What happened was when this ordinance was first introduced, not the one we're talking about right now, but the one one year ago by Alex Diaz de la Portilla, there was no District 2 Commissioner. There weren't any forums. There was no input from the community and that I'm assured of because when I met with Orange Barrel and they gave me their letters of support, when I went to those organizations, they're like, we never met with anyone. So shame on us. That -- I think that's why we're in this position to begin with. The signs that they're putting up, we've said before, is 1,800 square feet in size. That's larger than my home. A hundred feet high. The state maximum is 950 square feet and the height is 65 feet. How did they get this? They got this because there's an exception in the state which allows for on premise signs. So, if they put a sign on their premise and supposedly the sign should be along the lines of their principal activity, and that's a gray area that, of course, could, you know, could be litigated. As well, the signs are not supposed to generate revenue. So, while we're here listening to groups talk about the revenue that they're going to generate, there has to be someone in the state wondering like, okay, what's going to happen here and at what moment does that happen? So, these signs are considered illegal in those senses. I know the County is looking at it, I know the State is looking at it, and we 're sitting here in this position, which is a very difficult position because these are great cultural organizations and we all know how nonprofits have to work hard for every dollar that comes through the door. So, it's unfortunate that we have, you know, this dichotomy happening in this moment. It's important for us to also recognize we've heard the words liability thrown out time and time again. 1 think some of that is kind of like the lobby industry, chest -thumping, and you know, threatening. But the reality is this as well. We have a lease with PAMM and I'd like to ask the City Manager if we have reviewed that lease, if we have analyzed that lease. They did not come to us or before us to get any kind ofpermission for this activity and I would like to see us analyze the lease and see if we are in compliance as the landlord of that property. And I'm not sure if -- is there someone --? Yes. Yes? Larry Spring (Assistant City Manager/Chief Financial Officer): I have not -- Larry Spring, through the Chair. I have not looked at that issue specifically, but we can quickly take a look at that and get back to you on the matter -- Commissioner Pardo: Fantastic. Mr. Spring: -- relative to an approval. Commissioner Pardo: Fantastic. That would be great. I would imagine that Miami - Dade County is going to be looking at the same things. So, that's where we are right now. I, as District 2 Commissioner, implore you to support me on this. This is an urgent issue in our office. We've dealt with three or four different attorneys, expert attorneys, in various areas in this issue. It's complex. It's layered. I hope you will know that my intention here is to protect us from any liability or the least liability possible, but at the same time and most importantly to preserve the interests of our neighborhoods and our residents. Because that's what I got elected to do, what we all got elected to do at the end of the day. So, I'm ready if you want to call the -- Chair King: Well, I think that for myself and I've taken a look at this and this issue and I do support the arts. I am a frequent visitor of the Arsht and what they do and PAMM. I don't think that we should do nothing. I don't think we should say no signage for them. I think that we could find a compromise. If it's too big, maybe we negotiate with them and make the sign smaller. I think we could regulate the content, but 1 think that we would be doing a disservice to say no signage at all. Commissioner Pardo: Madam Chair, just to clarify on that, I completely agree. This is a first reading ordinance and we intend to work with these situations -- City of Miami Page 59 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Commissioner Reyes: Absolutely. Commissioner Pardo: -- as best as we can, you know, to do the right things as best as we can for all the interests involved. Chair King: And I also want to say, because I've heard from residents who live in the area also and residents who don't live in the area, and this is an issue that I believe is not district specific. This affects the entire City of Miami, not just your district or because it's not in our district, it doesn't affect our residents in totality. This issue should be handled with more care. You just brought up an issue that hasn't come up before with respect to the lease. Well, I can't vote one way or the other because I don't know what the lease says. That was never a consideration. I also heard today, and I believe that there's billboard companies, one is not happy because they applied for the same and they didn't get it and now there's some squabble between. So, and I thought to myself when they were speaking, well does that mean if this billboard company doesn 't get to build a billboard, will the next billboard company get an opportunity to build a billboard? And that's not what we're saying, right, because what the -- what we're trying to decide is whether or not there should be a billboard and that's it. So if -- I think it's Orange Barrel -- if Orange Barrel is not allowed to build a billboard, no one should be allowed to build a billboard. And it's disingenuous for a billboard company to come before us because they didn't win the solicitation to build a billboard to say now this is bad. No, but be clear. If they are not allowed to build a billboard, they will sue us. That's not -- that's not rhetoric. That's not trying to scare us or terrorize us. There is something called substantial performance. They relied -- there's reliance. They relied on an action that was taken by this body, and they did this step and this step and this step and this step and now if they're told they cannot do that, oh, they're going to sue us. They are going to sue us. But it shouldn't get there because we are collectively a room full of bright people. We don't have to throw the baby out with the bathwater. I looked at the sign where PAMM is projecting to put their sign, and it's facing the highway, and that bridge is going to light up like a Christmas tree every single day. So, it's not the sign that is going to be an irritant to the community. That ship has already, sailed. And it's curious that I've never heard anyone say, well, the Miami Heat sign, that's directly facing across the street, and it's a monstrosity of a sign. And nobody is saying anything about the Miami Heat, or are we all just sports fans, and we pick and choose what is offensive and what is not offensive. And the PAMM sign also, across the highway from the PAMM sign, is a sign that's already there. And that sign seems to be more facing the neighbors than the one that the PAMM would be facing. And the Arsht Center sign as well faces across the street. Across the street is the rest of the Arsht Center. So, it's not affecting anyone. It's not in a residential area. I think that we can and should explore compromises. If the sign is too big, let's talk about that. Perhaps we can agree to make the sign smaller. Perhaps with the PAMM sign, if it's too tall, we can agree to make the sign a little shorter. if content is our concern, perhaps we can legislate the kind of content that can appear on the sign. But to say no sign, I think that's irresponsible of us as a commission. Commissioner Carollo -- I mean, Commissioner Reyes. Commissioner Reyes: No, no, no, don't confuse me. Chair King: I'm sorry, I'm sorry, I'm sorry. Commissioner Reyes: I agree with you wholeheartedly and I don 't need to remind anyone of you, I mean you, because the rest of you were not here, I was a no vote from the get -go. You see, I was a no vote from the get -go because I was very concerned about the residents and even -- I even asked for an illumination analysis; I never got one. I support the ordinance, and I'm open fir discussion and whatever we can do, maybe we can reach an agreement, but I don 't think that we should be -- because there's going to be a lawsuit that we are going to just back down and do City of Miami Page 60 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 whatever it is. I think that from the get -go it was had and as you consider that, 1 agree that we can work with certain sites. One that 1 don't have any, I mean, 1 don't negotiate that 1 will be totally against is the one in the park. The park is a park. It is not a place Pr advertising. The one that is in Biscayne Boulevard and those would have more negative effects, I mean, on the residents than any of the other signs. So, what I would like to include now in this one is that all construction will stop immediately. Chair King: So -- Commissioner Pardo: So, Madam Chair, just so 1 can address some of the -- Chair King: -- one thing also -- one thing also -- and I'd like the Olympia Theater to not be considered in this, because the Olympia Theater is downtown and we've had people cane up and speak and they don 't want to see the Olympia Theater grouped in to this. Again, so whatever we do -- Commissioner Reyes: Okay. Chair King: -- today exclude the Olympia Theater, which happens to be in my district, and I think for you and I would be glad to support you with a compromise. Commissioner Pardo: Madam Chair, can -- can I address --? Chair King: 1 would ask --1 would ask -- yes, yes, yes. But 1 would ask also if this item could be deferred so we can look at the lease. I can't read the lease right now -- Commissioner Pardo: Yeah. Chair King: -- in this moment. Commissioner Pardo: So -- so let me address the deferral first. We can't defer because the longer we take there are more in process signs, so that's not an option here. But let me address some of the things you discussed. You mentioned the Miami Heat sign. The Miami Heat sign is a nuisance and very difficult in that area. In fact, it's been brought up to us many, many times. I'm not sure if there was a lawsuit, but I know that there was a lot of antagonism. They had to settle. Commissioner Reyes: Nothing we can do about it. Commissioner Pardo: Yeah. We've done four forums just in the last week, and while I grant you that in your districts you might receive a call or two or an email, we receive constant feedback, constant calls. The issues that we're discussing now, we've been exploring for weeks, and we've been trying to do our best at it. So, that is why I'm recommending that we pass first reading, give us the opportunity to work with the offices and work with all the players to find some kind of compromise. If it's contract law, which isn't the $100 million option we're talking about that deals with leases, it's a difj"erent avenue. Give us the opportunity to explain those differences because we're already kind of dealing with them head on. So, that would he my preference. We still have time before second reading to iron out all of those things. Chair King: So, for me, the way -- I don't like passing stuff on first reading that is -- that has so much uncertainty. I just don't. I don't like -- they're not going to be able to do -- they're not going to be able to put the sign up between now and rf you defer it to say the March 14th meeting. Nothing happens that quickly in the City of Miami. Commissioner Pardo: They get a vested interest. City of Miami Page 61 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Chair King: They already have a vested interest. Commissioner Pardo: But others don 't and they can in the process while we leave it open. Chair King: So, we could address that in your moratorium, FR.4. Commissioner Pardo: No, this impacts that. Chair King: Okay, so -- so to be clear, we're not -- this does not include any signs in the park. We are just dealing with the PAMM and the Arsht because we're not putting any signs in the park. We agree on that. We're not -- we're leaving Olympia Theater out. And also, it hasn't been said, but Virginia Key Beach was left out. 1 included Virginia Key Beach not because I want to see LED signs there, but to put that museum there, we are going to have to curate some -- generate some kind of revenue. But the sign will not -- and I stated that for the record, it will be environmentally friendly because I'm not going to kill the turtles, I'm not truing to harm the wildlife there, and if we can 't, then no sign will go there. And I did that before you guys came on board. But that is why I included Virginia Key Beach as a place for LED sign. But nothing offensive, nothing that will harm the nature or wildlife there. So, for me, I prefer not to pass on first reading because there's so many -- there's so many issues and items, the lease and this and that. And I would like to have a real go at compromise, a real effort to see where we can compromise with these institutions because 1 think that they are being punished unfairly for say, 1 don't know, there wasn't a D2 (District 2) commissioner here. But again, that's not fair because this is not a district specific issue. This is an issue that affects Miami -Dade County, our tourism, and 1 don't know the feeling of my colleagues, but Miami is a tourist city. We get our funding, our major revenue, from people coming to visit Miami. And it would be a shame if we, the proverbial cut our nose off to spite our face with this. And I, for one, I love the arts. And what they can do -- for example, the Arsht Center, they have free Gospel Sunday. This affects my district because the constituents in my district cannot afford to go to a gospel concert with the talent, the caliber of the talent that the Arsht Center provides. They cannot. But because of the generosity of the Arsht Center giving back to the community, we have free Gospel Sunday concerts there where my community, and not just my community, Miami -Dade County as a whole, Broward County, Palm Beach County, people come here from other places, and that creates revenue for small businesses in the area, in your district, for -- for food vendors, for restaurants, for Bayside. It creates revenue for our community for us. And we are a thriving Miami. And we want to bill ourselves as the international city, right, where people come. And that's part of it. So, I would ask if my colleagues would consider a deferral so we could explore compromises, smaller, content, size. Commissioner Pardo: Madam -- Chair King: I think Commissioner Gabela wants to speak. Commissioner Pardo: Madam Chair, this way disproportionately impacts District 2. This is a burning issue in our district. I have not had one person at a forum come up to me and say, we like the signs. This -- I do not want to defer the item, I'd like us to vote on it, and hopefully we can proceed. Chair King: But we have had people come here to say that, and I was doing stick figures. The last meeting we had as many people come to say they are not in favor of doing away with the signs as we had people come and say they were in favor of doing away with the signs, it was mixed. Commissioner Pardo: Madam Chair, there 's one thing to consider. You have a boatload of lobbyists on the side of Orange Barrel. I think one has been hired every City of Miami Page 62 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 week. They're lobbying the City, the State, and the County. We have people who took time out of their day, with their wages, their gas, and their time, to come here and speak against something that they're going to see in their neighborhood, which is what I've heard every single time. And we have other ,folks who are associated with cultural organizations. They're part of the patrons group. They're part of the board. They're part of the leadership. They work there. Those are two very different groups. And I think what we need to do is side with our residents on something that's impacting them on a daily basis that they have made clear to us time and time again now. Chair King: Okay, so you can. Now, I don't care about the lobbyists. 1 don't care about the lobbyists, but there were people that also took time out to come and say everybody doesn't speak for me. And again, I'm thinking that there is a compromise for the residents as well. 1 think that there is a space in between versus no signage at all. That's all I'm saying. Commissioner Pardo: Between first and second reading, we have the time to do that. Chair King: Commissioner Gabela -- no, because if between first and second reading we don 't hash this out, then you get second reading and then it 's gone. And that's -- I don't want to see that happen. Commissioner Gabela. Commissioner Pardo: That's better than deferral. Commissioner Gabela: Yeah, look, 1 respect you, I respect your district, you know, you're commissioner for that district, and you know well. The only problem that I have is that to begin with, my predecessor put us in this condition that we 're in. But we're in this condition. This is where we are. My fear is that, you know, we can't go around -- from my perspective as a business person, we can't go around issuing permits. People build on our word, and then all of a sudden we tell them, oh, wait a minute, there was a mistake made, you can't build anymore. That's my problem. And then the second problem, I did meet with the City Manager yesterday, and I asked him the question, what's our exposure, our liability, if this doesn 't get built? And let me tell you, it's not good. So, from my perspective -- and I -- again, I respect you, I respect your district, your district, you know, everybody's, you all know better than -- Commissioner Reyes: But the consequences go beyond district. Commissioner Gabela: But that's my problem here, that we can't just go -- you know, no matter what, be giving -- issuing permits, and then all of a sudden, you know, you finish with them, oh, wait a minute, now you've got to tear it down because, you know, we're City of Miami. Commissioner Pardo: So -- Commissioner Gabela: So, we've been put -- so I'm just going to finish up. So, maybe I think, Commissioner Pardo, that maybe -- maybe we should, you know, discuss it a little bit fitrther. Maybe we can all come to a conclusion. Those are my, two cents. Commissioner Pardo: So, on the permit issue, I wanted to add, we're not going there and tearing down any sign. They have a permit. If this passes, it's a non -conforming. It's the state that would have an issue with that sign, not us. You know, it's just something, you know, to think about. With liability, I don't know what the conversation was with the City Manager, but we've reached out to three different attorneys and had the discussions inside and outside, and it is not this huge $100 million number or anywhere near it. City of Miami Page 63 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Chair King: 1 don't think it's a hundred million. 1 don't know what the figure would be. I do know that we would be subject to litigation. 1 don't know what the figure will be. Commissioner Gabela: Oh, there's going to be litigation. Chair King: There's going to be litigation. And you can have five lawyers -- Commissioner Pardo: We're always subject to litigation. Commissioner Gabela: That is true too. Chair King: -- you can have five lawyers tell you what you want to hear, and you'll have Jive lawyers over here tell you something else, and then you'll have three lawyers over here that just shrug their shoulders because that's what lawyers do. I will fight my way out of whatever side that I find myself on because that's what good lawyers do. So, I'm not -- again, I'm not swayed by this lawyer said that or this lawyer said that because I'm a lawyer and I know if my client hires me, I'm going to do a damn good job for them on whatever side they fall. So, I'm not really swayed by that. Let me see, Commissioner Carollo, do you have input? I've heard from -- Vice Chair Carollo: (INAUDIBLE). Chair King: Go right ahead. Vice Chair Carollo: (INAUDIBLE) five here, five there, but 1'l1 make you a bet. No matter which side the lawyers are on, you're not going to find a single one that's got their hands in their own pocket. They'll have it in somebody else's pocket. Having said that, you almost had me there, Commissioner Pardo, but after hearing Commissioner Gabela, it made a lot of sense in what he's saying. And I don't think we have to rush into this just now. But I do have a question that was unclear to Inc. We have the sign in the Perez Museum. I think we have one in the Performing Arts Center. These are the big ones. Nathan Kurland: Microphone, please. Vice Chair Carollo: Excuse me? Mr. Kurland: (INAUDIBLE) mic. Chair King: Your mic. Mr. Kurland: We can't hear (INAUDIBLE). Vice Chair Carollo: Oh, okay. Yeah, he just wants to tell another joke. That's what he comes here for and nobody listens to him at all on that board. But outside of those two big signs, is there any other places that we are talking about where there are more big signs going? Commissioner Pardo: I had some text with information based on our conversations. There's actually a statutory exemption for signs at sports facilities like the Miami Heat. They're not subject to FDOT (Florida Department of Transportation) permitting requirements or other statutory requirements. Vice Chair Carollo: Yeah, but that was after the fact. Commissioner Pardo: Yeah. City of Miami Page 64 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Vice Chair Carollo: After they were doing it illegally for years -- Commissioner Pardo: I'm getting there, I'in getting there. Vice Chair Carollo: -- and nobody complained. They used their influence in Tallahassee to get it done. Commissioner Pardo: Lobbyists. Anyway, Olympia is a City asset, This amendment impact -- this amendment impacts the PAMM, the Arsht, Ferre, Bayfront, Omni CRA (Community Redevelopment Agency), and the Olympia. And could the City clarify that the sign is not going to get smaller, that it's built, it's vested, and we can't force it to be any smaller now? Ace Marrero: Good afternoon, Commissioners. Ace Marrero, Building Director. No, we cannot guarantee that. You know, what's on the books right now in the code, that's what's allowed. And if anyone submits an application for what's on the code right now, they have a vested rightfor what's on the code right now. Chair King: Right. Vice Chair Carollo: Now -- Chair King: I'm sorry, but with respect to what we're talking about, we can negotiate with the Arsht and PAMM for smaller signs, correct? Mr. Marrero: That's outside of my purview. I would defer to law for that. Vice Chair Carollo: Now -- Chair King: Madam City Attorney? Victoria Mendez (City Attorney): We can always try, Madam Chair. The problem is that, you know, some of these signs are already -- have completed applications. So -- Chair King: I understand, but if we vote them down today, they have no signs. So, it would seem to me that it would be in their best interest to come to the table and to negotiate with us to come up with a better solution, irrespective of what permit they have or whatever you just said, because the option now is sign, no sign. Commissioner Pardo: No. Chair King: And I'm trying to give an option of compromise to make the sign smaller, talk -- discuss content to make sure you're not advertising Burger King, you know. Commissioner Pardo: Madam Chair, though, we can, between first reading and second, deal with all of those issues effectively as much as possible. Chair King: I just think that there's so much uncertainty that we need to have a deferral so that we can clean this up. Commissioner Pardo: We deferred it already. Chair King: And -- exactly and we still have so much uncertainty. For example, I would like to see this come back and -- or a second -- another one that says no signs in the park, no signs here, there, and everywhere. The Olympia Theater taken out of this without us having to do it here. Make it cleaner is what I'm saying. Commissioner Pardo: But Madam Chair -- City of Miami Page 65 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Chair King: And having -- and having the opportunity to look at the lease that you brought up. I don't think that between now and say the March 14th Commission meeting that you can clean this up and then we can go with -- and then you -- and then they -- because they haven't spoken to us. I haven 't been briefed on whether or not, because this is the first time I've spoken on this issue, PAMM or Arsht hasn't had an opportunity to come to me and say, Madam Chair, I like that idea for compromise, or Madam Chair, I hate that idea for compromise. What about this? I haven 't had a chance to speak to them. I don't know if my colleagues have had a chance to speak to them, but 1 haven't spoken to anyone from PAMM or the Arsht, none. Commissioner Pardo: Madam Chair, just between yesterday and today, two applications for the Arsht were graduated from incomplete to in review, which changes the entire situation with our positions in the City. So, the longer we take on this, there are people that are going to continue trying to get to that place where they can assert better rights and threaten litigation. Commissioner Gabela: Whv don 't --? Commissioner Reyes: Madam Chair, if I may. Chair King: Commissioner Gabela. Commissioner Reyes: Oh. Commissioner Gabela: So, 1 was just going to say, on that note, why don 't we introduce a moratorium to stop it from anybody doing anything else -- Commissioner Reyes: That's right. Commissioner Gabela: -- white we discuss how is it that we're going to settle all this matter. Ms. Mendez: You can't do that -- Commissioner Gabela: We can't do that? Ms. Mendez: -- for two readings. It has to be two readings and it still has to go to PZAB (Planning, Zoning and Appeals Board). So, you can't. Vice Chair Carollo: Okay, Madam Chair -- Chair King: I think Commissioner Reyes wanted to say -- Vice Chair Carollo: But I never finished. Chair King: Oh. Vice Chair Carollo: I got hijacked and you jorgot about me. Commissioner Reyes: No, no, no, no, no. Chair King: (FOREIGN LANGUAGE). Commissioner Reyes: (FOREIGN LANGUAGE). Chair King: (FOREIGN LANGUAGE). City of' Miami Page 66 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Vice Chair Carollo: I'm not speaking too much today. Chair King: You haven't. Vice Chair Carollo: No. I want to make sure that I understand what we're dealing with. The monument signs that I think there is no more than four or something like that, that are about 390 square feet next to the sidewalk I think two might have been in Ferre Park, two might have been in Bayfront Park. What is the status of those in this motion? Because -- Ms. Mendez: Con,nussioner, did you ask what is the status of --1 didn't hear the -- Vice Chair Carollo: Yeah, what is the status? Chair King: Ferre Park and -- Vice Chair Carollo: Are we --? There's two I think -- Chair King: -- Bayfront Park. Vice Chair Carollo: -- that were approved by this Commission. Ms. Mendez: Right, so this legislation is striking signs at Bayfront Park. Vice Chair Carollo: It doesn't matter if they're small like these or big or whatever or where they're at. Ms. Mendez: I'm just saying what this legislation seeks to do as drafted. I believe there are two -- Mr. Marrero: There's currently three signs at Bayfront Park. One has already a building permit. The other two are under review. Vice Chair Carollo: No, there cannot be three at Bayfront Park. I think maybe two at Bayfront Park. Or one at Bayfront Park and two at Ferre. Daniel Goldberg: Good afternoon again. Dan Goldberg, Zoning Administrator. As I recall from my reviews, there were three that I recall reviewing. One was at Chopin Plaza in Bayfront Park at the southwest corner by Chopin Plaza. One was just south of the Torch of Friendship -- Vice Chair Carollo: Yeah. Mr. Goldberg: -- I believe it is, around 4th Street. And the third, as I recall, was just - - it was in Ferre Park, just north of the FEC (Florida East Coast) slip, if I'm not mistaken. Chair King: These are -- Vice Chair Carollo: Okay. Chair King: -- proposed signs or signs that are already there? Mr. Goldberg: No. Mr. Marrero: Two are proposed because they're in the review process, and one already is under construction with a permit issued. City of Miami Page 67 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Ms. Mendez: But when you say re -- when you say review, it's all three are -- Mr. Marrero: It's going through its building review process. Chair King: But that is -- but that's City property, right? Mr. Marrero: Correct. Chair King: So, we could stop that? Commissioner Reyes: Yes. Chair King: So, we could -- and that's what -- that's the point I'm trying to make. There's so much lumped into this legislation. I'd like to have legislation that speaks to signage in the park, solely in the park. I want to take -- the Olympia Theater should have never been added into this legislation. There -- I would like to address the PAMM and the Arsht issues separately. This is very convoluted, and it's punishing everybody, and I don't think anyone supports large signage in the park. That to me is what would really affect the residents in your district that remain on Biscayne Boulevard. And again, it would allow -- I don 't know about my colleagues, but I have not been briefed by the PAMM or the Arsht, and everyone is hearing for the first time today about the compromise that I spoke of and that's why I would like the legislation deferred. I'd like the legislation cleaned up so we could address apples and apples. You know, the museum and the art center, what about the parks? Take out the Olympia Theater because there's overwhelming support for the Olympia Theater and it's downtown. It's not affecting the residences in -- on Biscayne Boulevard. It's smack in the middle of downtown looking at another office building across the way from downtown and it's downtown Miami, downtown. Commissioner Reyes: Madam Chair. Chair King: Commissioner Reyes. Commissioner Reyes: You see, I agree with you that we can work out and maybe we can -- because the biggest problem that we have with the PAMM and the Arsht is the size, which is tremendous. It's a huge sign which is, I mean, out of what we have been seeing all along. The park, it is also, I mean, they are not small. They are 400 square feet. Vice Chair Carollo: A little under. Commissioner Reyes: And now, as we are talking, they are building one in the Chopin Plaza, right across from the monument that is there. There's a monument, and that monument now is going to have a sign, an advertisement sign, next to it. What I said, okay, I'd be in agreement to defer this if we could stop applications, we could stop building or construction, we can stop it as today. Everything stops and then we will try to negotiate. If PAMM wants to negotiate, fine. We can come back with some -- I mean maybe, no, in any park, no park in the city. Chair King: You know, the irony of this -- the irony of this is that we are sitting here saying that the City of Miami processes permits too quickly. What? Commissioner Reyes: No, in this case, yes. I don't know why, but in this case, yes. Chair King: How is that even possible? Commissioner Pardo: Lobbyists. City of Miami Page 68 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Chair King: How is that even possible? Commissioner Reyes: Well, then I'na (UNINTELLIGIBLE). Chair King: So, um -- Commissioner Gabela: But what he's talking about is a moratorium. We're back to -- back -- Chair King: Right, but we can't do that. Commissioner Gabela: I mean, that's what we're talking about -- Chair King: We can't do that. Commissioner Gabela: -- but she just said we can't do it. Chair King: So -- Commissioner Pardo: We can do that prospect -- for the future. Chair King: We can do that for the Inture. So -- Commissioner Pardo: But for these that are current, the only way to really start handling it is to address this ordinance. There's time between first and second to try to do everything that you're suggesting, but to defer this is to get -- make our problem worse. Commissioner Gabela: But let me ask you a question on that point. Is -- would -- if the three -- the two proposed and the one under construction in the Bayfront would go away, would that really make a difference to the ones that are opposed? Question. That's my question. Ms. Mendez: I'm sorry, can you speak closer to the microphone? Commissioner Gabela: Would it make a difference to you if it's (UNINTELLIGIBLE)? I'm just putting it out there. Vice Chair Carollo: I can't hear. Commissioner Gabela: I'm not saying anything. Vice Chair Carollo: Yeah, I didn't hear. Chair King: Commissioner, bring your mic closer. Bring your mic closer. Vice Chair Carollo: Sorry. Commissioner Gabela: Okay, so if we to make it a little hit more palatable, maybe, okay, if we took away the ones in Bayfront, okay, would that be more palatable to you? I don't know. I mean, I don't know. I'm putting it out there. Vice Chair Carollo: Commissioner, let me -- Commissioner Gabela: Maybe yes, maybe no. Vice Chair Carollo: -- let me be very straightforward. With me, I don't care if you know -- I didn't even realize, as Commissioner Reyes said, that they're building one City of Miami Page 69 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 already. These were approved a long, long time ago by the City, so I'm sure they made commitments and so on in their contracts, even if they haven't finalized the others. But let me very -- be very, very clear. 1 don't care if they're disapproved. You're going to lose about $3 million of revenue, more than even I negotiated to get from Ultra, and it won't cause you anywhere near the problems that Ultra causes, nor the park being shut down for a month like it's shut down. To me, I don't care if besides the outdoor gym, you shut down the dog park, you take the sculpture garden with all the dogs and cat sculpture and make a, you know, artificial reef out of it. It's not going to change my life. I did the things that I did there out of love for the city and out of being practical in what would bring the most revenue for the least amount of damage to the City. As 1 believe you both know, Bayfront Park doesn't get a penny from the City. It has to generate all the money itself And Ferre Park is even worse because there it practically generates no money at all. It all comes from Bayfront Park. It's finny how you never hear from the other side of downtown. You only hear from the 900 building, you know, and you get 10 characters there, and that's all of downtown. I keep hearing we've got 30,000 people. They don 't have 30,000 members in the DNA (Downtown Neighbors Alliance). It's not even near that, what they have. But one thing that I would like to do before I move on in the future to Shangri-La, unless I get forced to do something different, is I think you all agree that the people should decide things, right? We're in agreement? Let the people decide? In essence, that's what is being said about the ten people that come here all the time, representing all of downtown. Well, let's the people decide, the whole City of Miami and all of its residents, if Virginia Key Park, if Freedom Park, if Bayfront Park and Maurice Ferre Park should be designated as they are regional parks for the City of Miami, where they're parks for everybody, not just a neighborhood like most other parks are. These are parks that have very distinctive reasons and impacts why they should be recognized regional parks so that everybody in the City, Allapattah, Little Havana, Flagami, Little Haiti, Overtown, Liberty City, Brickell, Coconut Grove, Shenandoah, Silver Bluff everybody has a say. Everyone is a stakeholder in their regional parks. So I hope in the very near future you all will join me in letting the people decide if these should be designated regional parks, because they certainly are not neighborhood parks. Commissioner Pardo: Madam Chair? Chair King: Commissioner? Commissioner Pardo: I just wanted to add, just in this week I've met with four forums, but I've met with hundreds of people in the downtown neighborhood. We're not talking about 10 people. Maybe 20 years ago, it was a true regional park, but now there are vertical communities up and down in that whole corridor. We know because we deal with them daily, on a daily basis. So, this is a very important issue to the people that consider that their neighborhood. And that's why they're so passionate about it, and that's why they're sending emails, making online comments, showing up here, et cetera, et cetera. Chair King: I understand. I do believe that Bayfront Park and Maurice Ferre Park are regional parks. Those parks aren't solely for only the residents. Commissioner Pardo: No, but they're also neighborhood parks. Chair King: It is. The neighbors enjoy it, but tourists visit that park every day. Tourists patronize Bayside. Tourists patronize the hotels that are located on Biscayne Boulevard. Tourists patronize the Heat. And people come from outside of District 2 to go to Heat games and the like. And I am not saying that I am not concerned about the residents. That's not what I'm saying. I'm saying that I think we can find a compromise that would be suitable .fbr the residents as well as the PAMM and the Arsht, and I don 't believe that we should pass it on first reading because when you City of' Miami Page 70 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 take affirmative steps like that to do away with something, they have to take affirmative steps as well. It's not going to hurt to defer it -- Commissioner Pardo: It will. Chair King: -- so that we can -- it will not -- so that we can be more thoughtful in the work that we do on behalf of the residents of the City of Miami. So, for me, I would like to vote for a deferral, because again, I'd like to clean up the legislation as well. Take out the parks, take out the Olympia Theater, deal with just the PAMM and the Arsht, or maybe we should have two separate legislation addressing PAMM and addressing the Arsht because they're not apples and apples. It's different. They're located different. And that is why I'm asking for a deferral. We come back on the 14th with better legislation. Vice Chair Carollo: Well, if Mr. City Clerk, I know that you don 't like the substitute motion. Commissioner Pardo: I would actually like this motion voted on because the residents there are taxpayers and I love tourism, I love tourists, but there are neighborhoods and taxpayers and people that are making their future there and building their families there. So, I would at least like a vote on this. Chair King: Commissioner, 1--1-- Vice Chair Carollo: Well, let -- if1 could say this, Madam Chair. Chair King: Go ahead. Vice Chair Carollo: There's nobody in this dais that spend more hours in that park than I have, and I can guarantee you that. I know the kind of people that go there. I can tell you almost each day of the week the kind of people that go there. And I'm going to tell you that, taking tourists, visitors aside, the vast majority of the people that use that park don't live across the street. They're from other neighborhoods in our city, or some, a smaller amount, that come from outside the city of Miami to use it. The dog park there is the largest in the state of Florida. I'm talking about the real dog park. And people from all over come just to use it for their dogs because it's so good and so big. And that's why even the Instagram main account has named it the number one park to go to in Miami -Dade County. Now, Chair, I would be willing to go with a substitute motion so that Mr. Clerk -- Todd B. Hannon (City Clerk): No, I understand. I call it a subsidiary motion. A subsidiary motion takes precedence -- Vice Chair Carollo: Okay. Mr. Hannon: -- over a main motion, so that would be appropriate. Vice Chair Carollo: Well, if that's the word that will please you, then so it he. Mr. Hannon: Thank you, sir. Vice Chair Carollo: We'll use your phrase, not mine. I will make that motion for a deferment. If someone would like to second it and we bring it to a vote. Chair King: I'll second it. Vice Chair Carollo: If it fails, then -- City of Miami Page 71 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Chair King: I'll second. Vice Chair Carollo: -- then we go to the next one. Chair King: I second the motion for a deferral, and I'm going to say Commissioner Gabela, because I was listening to my colleagues. Commissioner Reyes has unrest. Commissioner Carollo has unrest. Commissioner Gabela has unrest. I have unrest. If we vote for it and it fails to do what you want it to do, that 's worse, I think, versus getting a deferral and coming back with stronger, better -- better legislation, as well as giving us, your colleagues, an opportunity to be properly briefed on this issue from Commissioner Pardo: Yeah, I mean, I've explained why a deferral will hurt us. I've given a very concrete example of just in the last two days. So, no, a deferral should not -- should not happen. We should vote on the original motion. We can do everything you're suggesting between first and second reading. Commissioner Reyes: Absolutely. Chair King: So, we have a subsidiary motion, which is for a deferral. We have a motion and a second, so we have to do away with that. So, let's call to question on the deferral. Motion in favor of deferring this item? Vice Chair Carollo: Aye. Chair King: Aye. Commissioner Reyes: No. Commissioner Pardo: No. Commissioner Gabela: No. Chair King: Okay, here we go. Commissioner Gabela: If the man wants an up or down vote, let's give him an up or down vote. Commissioner Pardo: Yeah, let's vote. Commissioner Reyes: Madam Speaker, the only -- Commissioner Gabela: Whatever happens, happens. Commissioner Pardo: Yeah. Commissioner Reyes: Hold on a second. Let me -- the only -- I am only opposed of the deferral because the longer that we wait, the more that is going to be built. Chair King: So, Commissioner Reyes, you do understand then you either have to vote yes or no for FR.3 if we don 't -- Commissioner Reyes: No, no, no, I'm just explaining why I don't agree with the deferral. Because, I mean, you ask a question, is the City of Miami offering -- I mean, issuing permits so fast? Well, not even 55 days. I mean, somebody must have been walking them through. Because in order for me to get, I mean, a permit, the permits to build anything, it takes months, months, you see? And these signs have been issued, City of' Miami Page 72 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 permits have been issued, 1 mean, at speed that 1 never seen. I hope that we keep on doing that like that. That would be fantastic. But I wonder why they were so fast. Commissioner Gabela: They're on the fast track. Commissioner Reyes: And what I want to know, what I want to do is, if we want to -- like to stop construction. Commissioner Gabela: Moratorium. Commissioner Reyes: If we -- we can stop construction. You see, right now, nothing is going to happen there, no permits are going to be issued, and everything will be stopped until we analyze and we come to an agreement. Commissioner Gabela: I agree with that. Commissioner Reyes: Okay? Commissioner Pardo: Madam Chair, can we call the question? Chair King: You cannot -- so we have a motion and a second fbr FR.3. Call the question. Commissioner Pardo: Aye. Chair King: Commissioner Gabela? Commissioner Gabela: Okay, so what are we doing again? You want an up or down vote, is that what we're doing? Chair King: Right. Commissioner Pardo: Up or down vote on -- Chair King: And I don't think we should do an up or down, but they didn't agree to defer. Commissioner Gabela: We did not -- what about the moratorium? Commissioner Pardo: That comes next. Chair King: That's next. Commissioner Pardo: That's the next -- Chair King: That's the next one, right. Commissioner Pardo: But this one is, if we defer this, its going to -- this is going to -- the pipeline will continue with more signs. Commissioner Gabela: Okay, but what are we voting on? You guys are now mixing me up. What are we voting on now? Commissioner Pardo: To change -- Commissioner Gabela: We're voting on a deferment? Commissioner Pardo: -- the big signs. City of Miami Page 73 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Ms. Mendez: Can 1-- Commissioner Gabela: You didn 't want a deferment. Ms. Mendez: -- can I clarify what we're voting on? Commissioner Gabela: Please, please. Ms. Mendez: And 1 also have to read the title. Dr. Ihekwaba gave me a pow pow for not reading the title. So, I just want everybody to be clear what we're voting on. As drafted, this legislation would not allow signs moving forward at the Olympia Theater and the Gusman, Bayfront Park, the Perez Art Museum, Adrienne Arsht Center, Maurice Ferro Park, and the Omni CRA. Commissioner Gabela: This will be final. Commissioner Reyes: And Bayfront Park. Commissioner Gabela: If the vote -- Chair King: If it pass -- iif -- Ms. Mendez: If some -- i f it were to pass. Chair King: If we vote yes, then it moves on for -- Commissioner Gabela: I'm sorry, ma'am. Chair King: -- second reading. Commissioner Pardo: But between first and second reading we can do all these things. Chair King: But that -- again, I'm going to say again, between first and second, you've all -- in passing this on first reading, you put the gears in motion for adverse issues for the City to receive. And it's not clean. Commissioner Pardo: Either way. Chair King: No, no. Commissioner Pardo: I mean, lawsuits will happen either way. Chair King: No, it won't. Commissioner Pardo: Okay. Chair King: Because if we defer it, then we have an opportunity to make better legislation that will address everyone's concerns. Commissioner Gabela: I like Manolo's idea of the moratorium. Chair King: But that's the next -- that's the next issue coming, not this one. And again, you have the Olympia Theater looped in here, you have Maurice Ferro Park, you have Bayfront Park, you have Virginia Key, you have everything -- Vice Chair Carollo: Okay. City of Miami Page 74 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Chair King: -- lumped into this one and it's not the same, and we don 't have enough information. Commissioner, were you briefed by the Arsht and PAMM? Commissioner Reyes: Been briefed? Well, I had spoken to some -- I mean, to -- to -- the person that is representing the lobbyists. Chair King: Well, I have not. I have not. Commissioner Reyes: And 1 have -- I was -- I had a Zoom meeting with the neighbors. They asked for a Zoom meeting and I said yes. And it was a representative from each building, you see? And I know that there is a very strong opposition to -- Commissioner Pardo: And this ordinance was passed a year ago. I mean, didn't -- Commissioner Reyes: Yes. Commissioner Pardo: Wasn't everybody here aware of all these issues as this was being passed? Commissioner Reyes: Yes, I was. Commissioner Pardo: And you voted no. Commissioner Reyes: 1 voted no. Yes, I was. Commissioner Gabela: Okay, I'm withdrawing my motion because I want this -- I want this to have a shot at least. And then if we by and try and then it doesn't work, then so be it, then I'll be voting with you. But -- Chair King: So, you're -- Commissioner Gabela: -- I'm withdrawing my motion. If the motion is to kill it now, in other words, I'm withdrawing it. I want to defer it or I want a moratorium, like Manolo says. That's -- Commissioner Reyes: If it is possible that we -- Commissioner Gabela: If possible. Commissioner Reyes: That we can stop everything. Commissioner Gabela: That's what 1 said. Stop everything now. Commissioner Pardo: That's not possible. That's not possible. Commissioner Reyes: Then we can -- Commissioner Pardo: (UNINTELLIGIBLE) going forward, yes. Chair King: So, which is why I asked for the deferral. so we can have -- can we --? Todd is coming to me to tell me something. Come on, Todd. Vice Chair Carollo: Madam Chair, while Todd is corning to you, can I throw a couple of more signs while we're at it? How about all those ugly signs across the buildings next door to the park? There are huge signs that are there, and nobody seemed to be bothered by those. Now, granted, those for the most part are not LEDs, but nevertheless, they're, you know, polluting the eyesight too, if' may use that word. And City of Miami Page 75 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 no one includes those across the street. Now, is it because they have to actually get out and look at the signs from the park to the other side? That's the reason that some people are not being bothered by them? But I like to include those signs while we're at it. Ms. Mendez: Commissioner, can we --? Commissioner Gabela: By the way, I -- Chair King: Hold on, hold on, hold on. Ms. Mendez: Those are the murals. Chair King: Commissioner Gabela withdrew his second. We can reconsider the motion for deferral. Mr. Hannon: No motion to reconsider would be necessary. You can simply just renew the motion for deferral if that's the will of the body. Chair King: So, is it the will of the body to renew the motion for deferral? It is for me. Vice Chair Carollo: It certainly would be fbr me if there's a third vote for it. Chair King: Okay, so -- Commissioner Gabela: Before we take the vote, can I just ask one more question because I've been alerted. Chair King: Go ahead. Commissioner Gabela: Is it true, Madam City Attorney, that the Ash [sic], the two permits there have been approved, is that correct at this time? Ms. Mendez: I will defer to Building, but my understanding with all the things that are in play here is that we have two Bayfront, one Ferre, one PAMM, and one Arsht -- Mr. Marrero: Two Arsht. Ms. Mendez: -- two Arsht that have completed applications. Commissioner Gabela: So, we got a bigger problem when -- in other words you have approved the Ash [sic] permits. Mr. Marrero: We have only approved two permits. Commissioner Gabela: For the Ash -- the Arsht? Mr. Marrero: No, one at PAMM and one at Chopin Plaza. Those are the two permits that have been approved. There's two for Arsht Center that are in process and there's two for Bayfront Park that are in process. Chair King: So, we have a renewed motion for deferral. Commissioner Pardo: But one question. Ms. Mendez: We're saying the same thing different ways. Mr. Marrero: And -- and -- City of Miami Page 76 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Ms. Mendez: My understanding, 1 just need them to know what they would be voting on in this legislation. Right now, there is a Bayfront Park sign that's under construction -- Mr. Marrero: Correct. Ms. Mendez: -- so that would be a completed application. Then you have the other Bayfront that has a completed application. Mr. Marrero: Correct. Ms. Mendez: Then you have another -- Maurice Ferre has a completed application. Mr. Marrero: Correct. Ms. Mendez: You have the PAMM that has a completed application and under construction, and then you have the Arsht, which I don't know right now what the status is. Mr. Marrero: The Arsht has two completed applications that are under review. Commissioner Pardo: And the Arsht was this morning, those two. Mr. Marrero: So, the Arsht submitted the application 19 business days ago. There was a deficiency on the work items that they had selected. They corrected those this morning and it's back in review. Now potentially, right, as you approve this item, there could be others that come in and have a completed applications received and accepted by the Building Department. Commissioner Reyes: That's right, and they will be able to sue us. Commissioner Pardo: Yep. Chair King: So -- Ms. Mendez: May I offer just a --? Chair King: Oh, my gosh. Come on. Ms. Mendez: Madam Chair -- Chair King: Come on. Ms. Mendez: -- I just want to get you all where you want to be. So, is there a way, if Commissioner Pardo and Commissioner Reyes are worried about future signs popping up, right? Commissioner Pardo: No, the existing ones. Commissioner Reyes: The existing. Ms. Mendez: Oh, you're also worried about these two. Okay, then I can't offer you any help. Chair King: Right, so again, I'm saying -- I'm not saying that I will not support you in your efforts because, again, I am concerned about the residents as well. I am saying I do not have enough information to vote the way the legislation is written today. I will City of Miami Page 77 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 draft legislation myself that will take out the parks, that will remove Olympia Theater and such, and maybe we should have legislation for PAMM and the Arsht. 1 don't know. I'd like to get more information from the entities which is why I'm asking jor the deferral. May I have a motion to defer this item to March 14th? Vice Chair Carollo: Motion. Chair King: Can I have a second? Commissioner Gabela: I mean no disrespect, man. Chair King: I have a motion and a second. Commissioner Gabela: 1 think we have --1 think we have a deferral. Chair King: All in favor to defer the item until March 14th? Vice Chair Carollo: Aye. Chair King: Aye. Commissioner Pardo: Nay. Commissioner Gabela: Aye, yes. Chair King: Motion carries, 3-2. Mr. Hannon: Three to two with Commissioner Reyes and Commissioner Pardo voting no, is that correct? Chair King: As a no. That is correct. Commissioner Reyes: And Madam Chair, I hope I'm wrong, I'm mistaken, but you're going to see a rush of those that have not done -- have permits. Chair King: If I see a rush -- Commissioner Reyes: Now they are going to be starting. Chair King: -- of signs -- Commissioner Gabela: That's why we should have put the moratorium. That's why we should have done the moratorium. Chair King: This is the -- that's the next one. That's the next one. If I see a rush of signs that get applications passed and I can't get permits for the projects in my district, I'm going to have -- Commissioner Reyes: No, that happens. Chair King: -- I'm going to have an issue. Commissioner Reyes: That happens. Chair King: So, I don't believe that we're -- the Building Department is going to rush anything jor anybody. They don't do that. And I've had constituents say they can't get a permit fbr their roof for six months. So, I don't know how -- City of Miami Page 78 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Commissioner Reyes: That's right. Chair King: -- in two weeks -- it's two weeks. I don't see how that's going to put us in a worse position two weeks from now. [Later...] Chair King: And now for consideration is our last item. Commissioner Gabela: Madam Chair. Chair King: (FOREIGN LANGUAGE). Commissioner Gabela: (FOREIGN LANGUAGE). I'd like to reconsider -- introduce a motion to reconsider Pardo 's original vote on the signage to then follow up on the second reading. Do I have a --? Is there anybody else interested in doing this? Commissioner Pardo: You would like to reconsider FR.3? Commissioner Gabela: I'd like to reconsider FR.3. Chair King: Do I have a motion? Commissioner Pardo: I'll make the motion. Todd B. Hannon (City Clerk): There's a motion by Commissioner Gabela. Commissioner Pardo: Second. Commissioner Reyes: I don't understand. What do you want to do? Commissioner Gabela: So, what I'm proposing is to visit FR.3 -- Commissioner Reyes: Okay. Commissioner Gabela: -- and to go ahead and do what you wanted to do. But it's not final and -- Commissioner Reyes: But we have to vote on reconsidering first. Make a motion on reconsideration. Commissioner Gabela: Right, but -- Commissioner Reyes: Okay. Commissioner Gabela: -- as long as I'm assured that there'll be a shot before the second reading -- Commissioner Pardo: Absolutely. Commissioner Gabela: -- to hopefully take care of the situation. Commissioner Pardo: There will. Commissioner Reyes: Okay. But correct me i_f I'm wrong, don't we need to make a motion on reconsideration? Mr. Hannon: There's a motion and a second. City of' Miami Page 79 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Commissioner Gabela: 'just did. Mr. Hannon: There's a motion made by Commissioner Gabela, seconded by Commissioner Pardo to reconsider the action taken on FR.3. Commissioner Reyes: Okay, then we have to vote on that. Mr. Hannon: Yes, sir. Commissioner Reyes: And then we vote on the issue. Vice Chair Carollo: Hold on, who's on first, who 's on second? Commissioner Reyes: Yeah. Chair King: Right. And I'm -- the folks that were here that were most affected by that have gone, so I'm not in favor of reconsidering something when they left. We get accused of doing that. They're all gone, and now we're taking -- Commissioner Pardo: Madan Chair -- Chair King: -- now we're taking some action. Commissioner Pardo: -- we had -- we had public comments. I mean, they already -- Chair King: Yeah, I understand that, but again, we're doing something when everybody walked out. But again, I go with my colleagues. There 's a motion and a second for reconsideration. All in favor? Commissioner Pardo: Ave. Commissioner Gabela: Ave. Commissioner Reyes: Aye. Chair King: Nay. Mr. Hannon: So, I believe the -- Vice Chair Carollo: (INAUDIBLE). Mr. Hannon: -- the motion passes then 3-2, with Commissioner King and Commissioner Carollo voting no. Chair King: Did -- I didn't hear Commissioner Reyes vote. Mr. Hannon: Silence does equal consent. Chair King: For reconsideration? Commissioner Reyes: For reconsideration. Chair King: Okay. Now, we need a motion for FR.3. Commissioner Pardo: I'll snake the motion for FR.3. Chair King: Need a second. City of Miami Page 80 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Commissioner Gabela: Second. Ms. Mendez: I have -- Chair King: Wait. Go ahead. Ms. Mendez: I have to read the title. Chair King: Go ahead. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: And between -- Madam Chair, between first and second reading, I propose that we look into it very deeply and alternatives and try to reach compromise because I have nothing against Arsht, I have nothing against PAMM. Commissioner Pardo: Same here. Commissioner Reyes: My problem is with the size of PAMM and the parks. I don't believe that we should have any type of advertising in our parks. Commissioner Gabela: But on the park situation, 1 mean, maybe there 's room for compromise. Maybe we don't do the parks at all and we -- you know, they're not done, period. End of story. Commissioner Reyes: No, no, I mean, we work with PAMM and those -- okay. Commissioner Gabela: You know, I would like to see -- and I'll say it right now -- you know, on the second reading, I will not support anything that's total denial. Okay, and I'm just putting it out there and I'm being very clear. Commissioner Reyes: Yes, right, just split it out and that's it. Commissioner Pardo: Perfect, thank you. Commissioner Reyes: Okay. Ms. Mendez: Did we want to add any language that vests any completed applications? That -- Commissioner Pardo: No, I wouldn't because that actually complicates things. We might have some contract issues with our leases, and if we do that, we're affecting those contract leases -- Commissioner Reyes: Absolutely. Commissioner Pardo: -- those contract rights. Commissioner Reyes: Okay. Commissioner Pardo: So as is. Chair King: Look how news travels. So, we have a motion and a second. Commissioner Gabela: Second. Chair King: All in favor? City of' Miami Page 81 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Commissioner Pardo: Aye. Commissioner Gabela: Ave. Commissioner Reyes: Aye. Vice Chair Carollo: Nay. Chair King: Nay. Mr. Hannon: Motion passes, 3-2 -- Chair King: Motion passes, 3-2. Mr. Hannon: -- with Commissioner King and Commissioner Carollo voting no. Commissioner Reyes: Okay, so construction is stopped right now. Chair King: No, because it has to pass for second reading. Commissioner Reyes: Second reading, okay. Chair King: So no, it hasn't passed. Commissioner Pardo: Right. Ms. Mendez: So, second reading would be March 14th? Commissioner Reyes: March 14. Chair King: I don't know -- Commissioner Pardo: We don't -- we don't know. Chair King: -- when the second reading will be. Commissioner Pardo: Yeah, we don't know. Chair King:: No. Commissioner Reyes: Okay. Commissioner Pardo: You could put it -- I mean if you want to, you could put it for March 14th but it's -- Chair King: No, I don 't -- I don't think that we can have all of the -- Ms. Mendez: Okay, then we need to -- because normally, Todd, when would this item come back then? Because we don't have a second meeting in -- in March. Would this be the first meeting in April then? Mr. Hannon: April 11 th. Ms. Mendez: Okay. Thank you so much. Chair King: Okay. City of Miami Page 82 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 FR.4 ORDINANCE First Reading 15500 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A TEMPORARY 270 DAY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR ANY BUILDING PERMITS OR ZONING ENTITLEMENTS FOR SIGNAGE ON GOVERNMENT OWNED PROPERTY AND OFF-STREET PARKING FACILITIES PURSUANT TO CHAPTER 2/ARTICLE IX/SECTION 2-779 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/CITY-OWNED PROPERTY/OUTDOOR ADVERTISING SIGNS AND ON -SITE SIGNAGE ON GOVERNMENT -OWNED PROPERTY;" PROVIDING FOR EXTENSION OF SAID MORATORIUM BY RESOLUTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes NAYS: Carollo Note for the Record: For additional minutes referencing Item Number FR.4, please see "Public Comments for allltem(s)." Chair King: FR. 4, do I have a motion for discussion? Commissioner Gabela: Discussion. Motion. Chair King: Motion. No motion? Commissioner Pardo: Second. Chair King: A motion and a second for discussion. Commissioner Gabela: What are we discussing? Vice Chair Carollo: What's that? Chair King: We're -- FR.4. Victoria Mender (City Attorney): Well, the moratorium went to -- Commissioner Gabela: It's the moratorium. We already spoke about the moratorium. Ms. Mendez: -- PZAB (Planning, Zoning and Appeals Board) yesterday. Chair King: The moratorium went to -- and? Ms. Mendez: Just so you know. Commissioner Pardo: Unanimous. Chair King: Okay, so I have -- Commissioner Pardo: It passed PZAB, correct, unanimously? City of' Miami Page 83 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Ms. Mendez: Yes. Commissioner Pardo: Okay. Chair King: Okay, so we're considering FR.4, the moratorium. Anybody want to speak on that? Commissioner -- I'll go down the line. Vice Chair? (COMMENTS MADE OFF THE RECORD) Chair King: Can somebody speak on what this moratorium is for being suggested? Staff staff anybody. Commissioner Gabela: Can I ask a question here? Because we're running -- we're going in circles, we're going in circles. Didn't -- Madam City Attorney -- Ms. Mendez: Yeah. Commissioner Gabela: So, it seems to me, correct me if I'm wrong, that we're going in circles. Didn't I propose and didn't Manolo want a moratorium, but you said it can't be done, but now we're voting on a moratorium? Ms. Mendez: No, no, it --1-- I'm sorry if I misunderstood you. I thought you said you want a moratorium now, and it can't be done now. This would be first reading. It went to PZAB already, and then it would be a second reading, and that's when it comes into effect. Commissioner Gabela: Okay, but that's what 1 meant from the beginning. Ms. Mendez: Okay. Commissioner Gabela: And I -- Ms. Mendez: No, no, I just wanted to make sure that if we read -- Commissioner Gabela: No, no. Ms. Mendez: -- first reading, it's first reading. Commissioner Gabela: So, we had a misunderstanding, is what 1 think we had. Ms. Mendez: Okay. So, the moratorium is on, and you can vote on it. It's just not -- Chair King: It won 't take effect immediately. We can't make it take effect immediately. Commissioner Gabela: No, no, I got that. Chair King: Madam City Attorney, can you read the title into the record for us, please? The Ordinance was read by title into the public record by the City Attorney. Commissioner Gabela: Motion. Chair King: I have a motion and a second. All in favor? Commissioner Pardo: Ave. City of Miami Page 84 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Commissioner Gabela: Aye. Todd B. Hannon (City Clerk): So, is that 4-1? Chair King: 4-1. Mr. Hannon: 4-1 with Commissioner Carollo voting no. Understood. Chair King: Okay. FR.5 ORDINANCE First Reading 15554 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDINGS/REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES, AND OF DEFAULTED MORTGAGE PROPERTIES" TO RENAME THIS ARTICLE "RESERVED" AND MOVE THIS SECTION TO CHAPTER 46 OF THE CITY CODE, TITLED "PUBLIC NUISANCES," CREATING ARTICLE I, TITLED "NUISANCE ABATEMENT AND NUISANCE ABATEMENT BOARD" ENCOMPASSING SECTIONS 46-1 THROUGH 46-11 AND ADDING RESERVED SECTIONS 46-12 THROUGH 46-20; CREATING ARTICLE II, TITLED "PUBLIC NUISANCE, REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES," CREATING SECTIONS 46-21 THROUGH 46-40 PROVIDING FOR THE REGISTRY PROCESS FOR SUCH PROPERTIES, ESTABLISHING CRITERIA, FEES AND PENALTIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: Item FR.5 was continued to the March 14, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number FR.5, please see "Order of the Day." City of' Miami Page 85 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 FR.6 ORDINANCE First Reading 15556 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING Office of the City CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Attorney AS AMENDED ("CITY CODE"), ENTITLED "OFFENSE MISCELLANEOUS," TO REPEAL SECTION 37-8 IN ITS ENTIRETY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For additional minutes referencing Item Number FR.6, please see "Public Comments for all Item(s)." Chair King: Mav I have a motion to defer CA.7, which is a companion item also. It's a companion item. Victoria Mendez (City Attorney): Madam Chair, that one -- Commissioner Gabela: Motion. Ms. Mendez: -- is a settlement and the repeal of the ordinance. CA.7 is a settlement and FR. 6 is the repeal of the ordinance for the settlement. Chair King: Which one did --? We just deferred FR. 7, correct? Ms. Mendez: Right. FR.7 was -- Chair King: Okay. Ms. Mendez: -- the self -loan. Chair King: Alright, so I need a motion. How do we want to handle this? Commissioner Gabela: Motion to -- we've been -- I think we've been asked -- I asked anyway that you guys recommended approval. Ms. Mendez:: Right, so -- Commissioner Gabela: Right, so -- Chair King: FR.6. Commissioner Gabela: -- a motion to approve, or should we take it up (UNINTELLIGIBLE) ? Ms. Mendez: So, the best way is -- if you are inclined to agree with the settlement, then we move FR.6. I read it into the record. You approve that one, and then we approve CA.7. Commissioner Gabela: So, are you --? City of' Miami Page 86 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Chair King: Okay, wait, wait a second. Commissioner Gabela: Ladies and gentlemen -- Chair King: Hold on one second. Let me pull it up. Bless you. CA.7. Oh, okay. We can take that up. Commissioner Gabela: So, motion -- Chair King: Bless you again. (COMMENTS MADE OFF THE RECORD) Chair King: So, do I have a motion for FR. 6? Commissioner Gabela: Motion. Commissioner Pardo: Second. Chair King: All in favor? Todd B. Hannon (City Clerk): Chair, title. The Ordinance was read by title into the public record by the City Attorney. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 87 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 FR.7 ORDINANCE First Reading 15560 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 16/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ELECTIONS/ELECTRONIC REPORTING," MORE PARTICULARLY BY AMENDING SECTION 16-20 OF THE CITY CODE, TITLED "ELECTRONIC REPORTING/PENALTIES," TO PROVIDE THAT CANDIDATES WHO GIFT OR LOAN THEMSELVES AN AGGREGATE OF FUNDS IN EXCESS OF ONE THOUSAND DOLLARS IN ANY MUNICIPAL ELECTION BE REQUIRED TO FILE AND "AGED FUNDS" REPORT, UNDER PENALTY OF PERJURY; PROVIDING EXCEPTION; CONTAINING A SEVERABILITY CLAUSE; PROVIDING AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item FR.7 was continued to the March 14, 2024, City Commission Meeting. Chair King: So, we do have other items. I missed them. We can take up -- wait, we need to take up FR.7, campaign finance. Does anybody want to defer this to the next meeting? Commissioner Reyes: Move. Chair King: I have a motion and a second to defer FR. 7 to the -- Commissioner Gabela: Aye. Chair King: -- March 14th meeting. All in favor? The Commission (Collectively): Aye. Chair King: Has been deferred. END OF FIRST READING ORDINANCES City of Miami Page 88 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 15503 Office of the City Attorney, City Manager's Office, Office of the City Clerk A DISCUSSION REGARDING A PROPOSED AMENDMENT TO CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, RELATED TO FINANCIAL DISCLOSURES, PURSUANT TO RESOLUTION NO. 24-0023, ADOPTED JANUARY 11, 2024. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: I have DI. I. Victoria Mendez (City Attorney): DI. 1, we can -- we can actually withdraw that one since the ordinance is already in play for next meeting. Chair King: For next -- okay, do 1 have a motion to withdraw DI.1? Commissioner Gabela: Motion. Chair King: I have a motion. Do I have a second? I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: The motion carries unanimously. City of' Miami Page 89 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 DI.2 DISCUSSION ITEM 15499 Commissioners and Mayor A DISCUSSION ITEM REGARDING WHETHER THE CITY SHOULD APPOINT A MAGISTRATE FOR THE CODE ENFORCEMENT BOARD. RESULT: DISCUSSED Note for the Record: For directive referencing DL2, please see Item NA.6. Chair King: Which brings us to DI.2, Code Enforcement Magistrate. May I have a motion? Commissioner Gabela: Motion. Chair King: I have a motion. Todd B. Hannon (City Clerk): DL2 is just a discussion item. Chair King: It's just -- oh, we don 't -- well, I think we 're going to take some -- it's just a discussion item, but -- Commissioner Gabela: Motion to discuss. Chair King: We can take some action from the discussion, correct? Mr. Hannon: Yes, if there's something that you want to -- Chair King: Okay. Mr. Hannon: -- to pass. Chair King: I happen to think that having a code enforcement magistrate is a good idea so -- Robert Santos-Alborna: Good afternoon, Madam Chair, Vice Chair, Commissioners, Robert Santos-Alborna, Code Compliance Director. Item D2 [sic], so the fact is that we have not had quorum for the Code Enforcement Board for the last three hearings, and we have not had quorum seven times since September 27, 2023. There was another half quorum that one of the members had to leave and all the remaining cases, more than 30, had to be put on hold. So, it's creating an impact on our process, a number of life safety cases that need to be heard and adjudicated, a number of repeat violations and mitigations. All of those have been on hold since then. And so, for consideration is a discussion on a process that would have magistrates. At this point in time, as I discussed individually with all of you, we'd like to -- I'd like to move, forward. We have five members right now scheduled for next time. I am hopeful that we will have quorum. But then with the City Manager and Legal Department to look for different options that we can create a more efficient process. END OF DISCUSSION ITEMS City of Miami Page 90 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE Second Reading 14891 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 §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "PUBLIC PARKS AND RECREATION" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 20 SOUTHEAST 10 STREET AND 25 SOUTHEAST 10 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.1, please see "Order of the Day" and "Public Comments for all Item(s). " PZ.2 ORDINANCE Second Reading 14892 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "CS," CIVIC SPACE TRANSECT ZONE, TO "T6-48-B-O," URBAN CORE TRANSECT ZONE -OPEN, OF THE PROPERTY GENERALLY LOCATED AT 20 SOUTHEAST 10 STREET AND 25 SOUTHEAST 10 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.2, please see "Order of the Day" and "Public Comments for all Item(s)." City of Miami Page 91 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 PZ.3 ORDINANCE First Reading 14683 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 §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 7816 NORTHWEST 2 COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Madam City. Attorney, would you read into the record the titles of the PZ items, the Planning and Zoning items, that are remaining for consideration, please? Victoria Mendez (City Attorney): Yes, Madam Chair. Okay, PZ.1 and 2 were Chair King: Indefinitely deferred. Ms. Mendez: -- indefinitely deferred. So, I believe we're going to -- Chair King: 3 and 4. Ms. Mendez: Thankyou, Madam Chair. An ordinance -- PZ.3. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Then PZ.4. The Ordinance was read by title into the public record by the City Attorney. Chair King: May I have a motion to pass PZ.3 and 4? Commissioner Gabela: Motion. Chair King: I have a motion. Do I have a second? Commissioner Pardo: Second. Chair King: I have a motion and a second. All in favor? Commissioner Gabela: Aye. Commissioner Pardo: Aye. Chair King: Motion -- Vice Chair Carollo: (INAUDIBLE). City of' Miami Page 92 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Chair King: 3 and 4. Vice Chair Carollo: (INAUDIBLE). Chair King: No. No. Vice Chair Carollo: (INAUDIBLE). Chair King: Right, no, no, no. No. They can't hear you, Commissioner. PZ.3 and 4 is Vice Chair Carollo: (INAUDIBLE). Chair King: Right, so I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. PZ.4 -- 3 and 4 pass. PZ.4 ORDINANCE First Reading 15310 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O," SUB -URBAN TRANSECT ZONE — OPEN, TO "T4-O," GENERAL URBAN TRANSECT ZONE — OPEN, FOR THE PROPERTY GENERALLY LOCATED AT 7816 NORTHWEST 2 COURT AND BY CHANGING THE ZONING CLASSIFICATION FROM "T6-8-O," URBAN CORE TRANSECT ZONE — OPEN, TO "T6-8-L," URBAN CORE TRANSECT ZONE — LIMITED, FOR THE PROPERTIES GENERALLY LOCATED AT 260 NORTHWEST 79 STREET, 290 NORTHWEST 79 STREET, 294 NORTHWEST 79 STREET, 7835 NORTHWEST 3 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number PZ.4, please see Item Number PZ.3. City of' Miami Page 93 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 PZ.5 ORDINANCE First Reading 12860 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING APPENDIX A, SECTION A.2, TITLED "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICTS 2 (NCD-2)", TO MODIFY THE EXISTING MIXED USE CULTURAL DISTRICT BOUNDARY, CREATE NEW USES DEFINITIONS, INTRODUCE DEVELOPMENT AND PARKING FLEXIBILITIES, AND CREATE NEW REGULATIONS AND DEVELOPMENT GUIDELINES FOR AFFORDABLE HOUSING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item Number PZ.5, please see "Public Comments for allltem(s)." Chair King: Madam City Attorney, would you please read in, for the record, the title for PZ.5? The Ordinance was read by title into the public record by the City Attorney. Chair King: Do I have a motion? Commissioner Pardo: I'll make that motion. Chair King: I have a motion. Commissioner Gabela: Second. Chair King: And a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Madam City -- Todd B. Hannon (City Clerk): And just for the record, Commissioner Pardo would like to co-sponsor PLS. Chair King: Okay. City of Miami Page 94 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 PZ.6 ORDINANCE First Reading 15047 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," SECTION 3.14, TITLED "PUBLIC BENEFITS PROGRAM," AND ARTICLE 5, TITLED "SPECIFIC TO ZONES," AND ILLUSTRATION 5.5, TITLED "GENERAL URBAN TRANSECT ZONES," TO ALLOW BONUS BUILDING HEIGHT IN CERTAIN OPPORTUNITY ZONES WITHIN THE "T5," URBAN CENTER TRANSECT ZONE IN EXCHANGE FOR CERTAIN PUBLIC BENEFITS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Reyes NAYS: Pardo Note for the Record: For minutes referencing Item Number PZ.6, please see "Public Comments for allltem(s)." Chair King: Madam City Attorney, would you please read into the record the title for PZ.6? Victoria Mendez: PZ. 6. The Ordinance was read by title into the public record by the City Attorney. Chair King.: Do I have a motion? Commissioner Reyes: Can I -- Commissioner Pardo: PZ.6? Chair King: PZ.6. Commissioner Reyes: Can I clam that we're going to give them a bonus, right? Can you please clarify PZ.6? David Snow (Interim Director, Planning): PZ.6. Commissioner Reyes: Yes. Mr. Snow: The T5 bonus height? So -- Commissioner Reyes: PZ.6 is T5 bonus height. Mr. Snow: Correct. So, this is to allow three additional stories within T5-O transect zones, specific to the opportunity zone areas so long as those developments provide a minimum of 10 percent affordable housing at 100 percent AMI (Area Median Income). Commissioner Reyes: 100 percent or less? City of Miami Page 95 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Mr. Snow: Correct. Commissioner Reyes: Or less? Mr. Snow: Or less, correct. Commissioner Reyes: Okay. Mr. Snow: Yeah, nothing above 100 percent. Commissioner Reyes: Nothing above that. Chair King: Correct. Commissioner Reyes: Okay. Thank you. Chair King: So -- Commissioner Pardo: But -- but they can abut T3s if they come back to Commission. Mr. Snow: No if -- Commissioner Reyes: They cannot -- Mr. Snow: -- if -- no, it's not -- if you're abutting T3, you're not eligible -- Commissioner Reyes: No. No T3s next to it. Mr. Snow: -- for the program. Commissioner Pardo: If they come back to Commission? Commissioner Reyes: No, just -- Mr. Snow: No. Commissioner Reyes: -- but I mean -- Mr. Snow: That's not how the legislation's drafted right now. Commissioner Reyes: Okay. Chair King.: Do I have a motion? Commissioner Gabela: Second. Chair King: I have a motion and a second. All in favor? Commissioner Reyes: Aye. Commissioner Gabela: Aye. Commissioner Pardo: One nay. Chair King: One nay, 4-1. City of' Miami Page 96 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 PZ.7 ORDINANCE First Reading 12645 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE") TO EXPRESSLY PERMIT MEDICAL MARIJUANA DISPENSARIES IN THE CITY SUBJECT TO DISTANCE REQUIREMENTS BY AMENDING ARTICLE 1, TITLED "DEFINITIONS," TO AMEND THE DEFINITION OF GENERAL COMMERCIAL TO INCLUDE MEDICAL MARIJUANA DISPENSARIES AND PHARMACIES; BY CREATING A NEW DEFINITION FOR MEDICAL CANNABIS, MEDICAL MARIJUANA DISPENSARIES, AND PHARMACIES; AMENDING ARTICLE 6, TITLED SUPPLEMENTAL REGULATIONS TO PROVIDE DISTANCE REQUIREMENTS AND OTHER REGULATIONS FOR MEDICAL MARIJUANA DISPENSARIES AND PHARMACIES; AND FURTHER AMENDING ARTICLE 7, TITLED "PROCEDURES" TO ADD A RESERVATIONS SYSTEM AND TO PROVIDE FOR SUBSEQUENT ESTABLISHMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: Item PZ.7 was continued to the March 14, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.7, please see "Order of the Day." City of' Miami Page 97 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 PZ.8 12288 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF 6925 BISCAYNE, LLC, REVERSING / AFFIRMING THE PLANNING, ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-017 AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 6901 BISCAYNE BOULEVARD, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND / OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.8, please see "Order of the Day" and "Public Comments for all Item(s)." City of' Miami Page 98 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 PZ.9 12289 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ. REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R- 22-018 AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 2222 NORTHWEST 5 AVENUE, MIAMI, FLORIDA, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/ OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.9, please see "Order of the Day" and "Public Comments for all Item(s). " City of' Miami Page 99 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 PZ.10 12290 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF BILL'S NURSERY, INC., REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-019 AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 172 WEST FLAGLER STREET, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/ OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.10, please see "Order of the Day" and "Public Comments for all ltem(s). " City of' Miami Page 100 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 PZ.11 12609 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY THE CITY OF MIAMI'S ZONING DEPARTMENT REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-039 REVERSING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 3160 NORTH MIAMI AVENUE, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A MEDICAL MARIJUANA DISPENSING FACILITY FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0078 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo NAYS: Carollo, Reyes Note for the Record: For minutes referencing Item Number PZ.11, please see "Order of the Day" and "Public Comments for all ltem(s). " Chair King.: Now, PZ.11, doesn't need to be read into the record. Victoria Mendez (City Attorney): No, Madam Chair. Chair King: I know, I was saying that. Ms. Mendez: Oh, I'm sorry. Chair King: And on behalf of PZ.11, can I have a motion for discussion purposes? Eric Zichella: Madam Chair, before you open the item, may I be heard for just a split second? Chair King: No. Let me open the item. Do I have a motion for discussion purposes? Commissioner Gabela: Motion. Chair King: I have a motion. Do I have a second? Commissioner Pardo: Second. Chair King: Motion and second. Go ahead. Mr. Zichella: Madam Chan; our counsel is going to be here to argue our appeal on this issue, but I don't know his location presently. Our phones are both apparently out City of' Miami Page 101 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 and impacted by this AT&T (American Telephone & Telegraph) outage. 1 haven't been able to communicate with him this morning. I know he's supposed to land around 9:15 and he was going to be coming here, but 1 haven't communicated with him yet. My assumption is that he's on his way here, and I wonder if it's possible for you to hear this item later in the agenda than at the present moment. Commissioner Gabela: In actual fact, I just have been informed that there is an outage. Chair King: I didn 't know. I have T-Mobile so. Commissioner Gabela: Yeah, I got AT&T so. Commissioner Pardo: I have Verizon. Mr. Zichella: Yeah, I don't know what's going on. It's definitely not desirable. Chair King: Well, I'd like to hear -- I'd like to hear the discussion. This is the only item that is up with respect to this issue. This -- I'm asking for support of this item. It's in my district and I believe that where we are proposed -- proposing to place the dispensary is in a good area. I believe in medical cannabis. It has several benefits and I would like to see this one move. I want this project to go forward. I am in support of guardrails. I think we should pass this legislation here only, nowhere else, and the other ones have been -- Commissioner Pardo: Deferred. Chair King: -- deferred -- is the word I was trying to get to. The others have been deferred, so I would like to have this item move forward. And it could be as a test pilot, but we are behind, we are behind in the City of Miami. There are smoke shops on every corner. So what you think you are preventing, you are not. What you are preventing is helping persons who need this medicinal assistance. You heard from the young lady that spoke where she had broken bones on one side of her body and she did not have to use any medication that could cause addiction. Oxycontin, and I don 't even know those because I don't take that kind of medication, but Percocet, I think, is another one. So, I'm asking for the support of this item. Mr. Goldberg, do you have something to say? Daniel Goldberg (Director, Zoning): Only if the body wishes to hear the item. Chair King: I don't need to hear anything else. We've gone over this over and over and over. Commissioner Reyes: Madan Chair. Commissioner Gabela: Madam -- I'm sorry. Chair King: Commissioner Reyes raised his hand first. Commissioner Reyes: Yes, yes, you know my position on this. Chair King: I know your position on it. Commissioner Reyes: Hold on a second. Hold on a second. Hold on a second. Chair King: I'm not stopping you. I know your position. Commissioner Reyes: Oh, I know, but sometimes you just turn my mic off'.' City of Miami Page 102 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Chair King: No, I'm not going to do that. I'm not going to do that. Commissioner Reyes: Okay. You see, my position is that unless we have the rules already in place, if we make an exception in this, we are going to be asking for exception every other place. And I'm real afraid that what happen -- what is happening now, it is quite dangerous. And yesterday, I talked about the smoke shops. And I asked the City Manager and the police department, what the hell are they doing there? They're still selling some DP something, which is highly addictive, highly addictive. And the problem that we have in our schools is tremendous. 1 believe that if medical marijuana, 1 mean, helps people that are sick, it should be controlled as any other drug. Because you can call it whatever you want, but it is a drug. And we don't have a clear definition from the federal -- the federal government about this. We don't have it. And that's what I've been asking, I mean, for a long time. And what we have to do before we do -- make any exception is to define if we 're going to accept this, what are the conditions and what are the parameters. Because I don 't want -- you go to New York and people, because of medical marijuana, it came from medical to leisure. I mean, and you see people smoking on the corners, kids smoking marijuana in school. And now without having distribution, we have a problem in schools. We have a big problem in schools. As a teacher, I can tell you that many of my colleagues have been talking about this. And the biggest problem we have is the easiness of getting one, you said, getting from a doctor or from whatever, you get a -- like a permission, a (UNINTELLIGIBLE), whatever you want to call it. Chair King: A prescription. Commissioner Reyes: No, not a prescription. Chair King: It is a prescription. Commissioner Reyes: Well., no, you have a card. If you have a card, you are, I mean, you're done. I mean, you can do it. And it is issued by a doctor or whatever. It is very easy to obtain. You see, very easy to obtain. What I want to do is place constraints and place some, I mean, boundaries and where they can be and how can we do it. It's not only -- my complaint is not only about medical marijuana. If it is medical, it should be -- and I think the state, most of all, if it is medical, it should be distributed through pharmacies with medical -- I mean, doctor's prescription. Because now it is a free-for-all. And I want also to, and I ask the chief of police, that would be more strict on those vape shops that they are destroying our youth, okay? And that is my position, and I'm going to be opposed to it until we have a clear definition on where they can be, how far from schools, how far from one another, how -- I mean, what can they sell, what they cannot sell, et cetera, et cetera. And I've been asking for that and I haven't gotten any -- anything from it. So, my vote is no. Chair King: Commissioner Gabela? Commissioner Gabela: Yeah, I -- look, I share the same concerns. In my district, as it stands, I would not do it now. But I respect the Commissioner's districts. I represent DI (District 1), and this is going to be in your district, and I respect you, and if you think it's going to be something safe for your district or you want to do it, I will support you. But just for the record, I am also against this. I believe we need to put some rules in place. There's also in Tallahassee -- I understand there's going to be some legislation. It's going to be a vote up or down. Maybe we should wait for that. But it's in your area again and if you're not concerned I will, you know -- Commissioner Reyes: But Madam Chair, if I may answer to that, what I don 't want to open up is the door. City of' Miami Page 103 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Commissioner Gabela: Yeah, no, I heard you. Commissioner Reyes: I mean, if we accept one, I mean, I don't know if we, we can take them to court because why them and not me, you see? Chair King: Mr. Goldberg, can you respond to that? Commissioner Reyes: And (UNINTELLIGIBLE) that. Chair King: Can you respond to that, Mr. Goldberg? Mr. Goldberg: I'm sorry, can you repeat that question? I apologize. Chair King: If we approve this one, are we obligated to approve any others? Mr. Goldberg: I don't believe so. And again, (UNINTELLIGIBLE) introduce myself, Dan Goldberg, Zoning Administrator. I don 't believe so. These are appeals of denials of certificates of use. Each one is related to the property for which it was applied for SO. Chair King: Each one is specific to the property. It does not open the floodgates. They would still have to be approved by this Commission. Is that correct? And I am in favor of guardrails. 1 am in favor of smart legislation, and that is why 1 supported the deferrals of the other ones because I don't want to see them near schools or parks. But this is neither near a school nor a park. Commissioner Reyes: One last question. Madam City Attorney, are we liable if we do this? Ms. Mendez: So, we already have one. We granted one already. And as Mr. Goldberg says, that it is specific to the property. Right now, my position is, because of the conflicts between state and federal, that it's not allowed. So, technically, it's not allowed. However, if you are granting the CU (Certificate of Use), I believe that Madam Chair said something interesting that we could maybe do a conditional use and you can see -- Commissioner Reyes: Condition. Ms. Mendez: -- what happens after a year -- Commissioner Reyes: Okay. Ms. Mendez: -- with regard to signage, security, no vested rights, and you review it in a year, that may be the happy medium that you're all looking for, but I'm only piggybacking off of that because Madam Chair suggested. Chair King: Well, no, I think we can move forward with this. Again, no other dispensaries can come and just set up shop because they have to come before us. It is not near a school, it is not near a park, and the location, I believe, is a good location. And again, I want to make it clear that there are smoke shops that are unregulated -- Commissioner Reyes: Yes. Chair King: -- on every corner -- Commissioner Reyes: Yes, I know that. City of Miami Page 104 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Chair King: -- in the City of Miami so this is not your problem. The smoke shops may be your problem but the dispensaries that are going to provide medically necessary cannabis for people who need it is not your problem. Commissioner Reyes: (UNINTELLIGIBLE). Mr. Zichella: Madam Chair, and under the law they can only sell and dispense the product with which they're licensed to sell under the law. Chair King: Thank you. Mr. Zichella: So they don't sell any other items in these places. Chair King: Thank you. Thank you. So I have a motion and a second. All in favor to grant the C --? Vice Chair Carollo: No, no, no, no, no, no, no. Chair King: Oh, you want to say something too? Commissioner Gabela: Can I just --? Chair King: Wait, wait, go ahead. Commissioner -- Vice Chair. Vice Chair Carollo: You're saying that -- Chair King: Put your mics down. Vice Chair Carollo: -- you 're saying that we have all these smoke shops in every block, and frankly, Chairwoman, in some blocks you've got two and three. Commissioner Reyes: Yeah. Chair King: You do. Vice Chair Carollo: Now, from what I heard you say is that they're selling, having illegal activities being sold from there. Chair King: I did not say that. Vice Chair Carollo: Well, what did you say? Chair King: I did not. I stated that we have smoke shops on every corner. Commissioner Carollo: Right. Chair King: I didn't say -- Vice Chair Carollo: But -- Chair King: -- whether the activity that's happening in a smoke shop is illegal or legal. Vice Chair Carollo: Okay, well -- Chair King: I didn't say that. Vice Chair Carollo: I thought -- City of Miami Page 105 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Chair King: But 1 did say you have smoke shops on every corner. Vice Chair Carollo: Yeah, I thought you went beyond that a little bit in what you finally said. But nevertheless, I see the police chief is here. And Chief I'm seeing that in my district, like I think every other district here, but in particularly, these type of people come to the poorest districts all the time. So in my district, in the poor areas in my district, I got two and three in every block. What are we doing to make sure that what they're selling there is not illegal? Manny Morales: So, still good morning. Manny Morales, Chief of Police. And we 're talking about the smoke shops now, right? Commissioner Carollo: Yeah. Mr. Morales: So I've spoken with Commissioner Reyes about this and once we had that deep conversation and he shared our concerns as some of the rest of the Commission have in reference to some illegal activities that are happening at the smoke shops and the vape trucks, we went ahead and conducted an undercover operation. We sent undercover officers in to go make buys, went into 10 locations, still when we had some of the mobile ones and then the brick and mortar, and seven out of the ten that we randomly picked were selling products that were above the legal level of THC (Tetrahydrocannabinol). Commissioner Reyes: Absolutely. Mr. Morales: We know the difference between hemp and the THC. So what we did is the State will not prosecute those violations, right? The only time that the State Attorney's Once will violate any type of marijuana -related crimes is when it's in trafficking, and that's a huge amount. So, what we did is we composed a memo, and we are going after their business tax receipts so they're not able to operate in the City. So, that's an ongoing operation, an ongoing effort. I know that there's been some concerns also about the ordinance and the regulations that passed in reference to the advertisers. There's not going to be any marijuana leaves, any neon signs outside, things that would make an establishment more appealing to the younger crowd, right? Commissioner Reyes: Yeah. Mr. Morales: So, what we're doing is we're working in conjunction with Code and we'll have a report as to what violations we have of the code. That is not a criminal violation, it's a citation, but we will keep our efforts. But we have seen some issues out of the smoke shops that we're currently dealing with. Vice Chair Carollo: How about, Chief, you mentioned the mobile ones? I've seen quite a few of the mobile ones and going through some of my areas in Bayfront Park, they have come there a lot where we've had to call your department to come in. Mr. Morales: So -- Vice Chair Carollo: What have you found on the mobile ones? Mr. Morales: So, what we've done is we did pass a resolution that there was no mobile sales of the vapes. So, they -- Commissioner Reyes: Okay. City of Miami Page 106 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Mr. Morales: -- it's like everything, we kind of see the evolution and a little bit of ingeniousness as we kind of deal with some of the problems that are with the City. So, they transitioned to selling off of a bike. So, we do monitor for the mobile ones, right? I know we had, Madam City Attorney, we did modify the resolution to identify any type of mobile, whether it was, you know, gas operated, electric, or pedal. So, our officers are aware. We have substantially seen a decrease in those individuals that have attempted to make mobile sales, especially in the Wynwood area where it was very prevalent. So, that's something that's also on our radar and we're paying attention to it and we're enforcing it cis well. Vice Chair Carollo: Okay. Thank you, Chief. Commissioner Reyes: Another thing that I -- this is only my opinion, 1 know. You see, you are aware, Code is aware, what are we doing? You are aware that they are selling products that go way beyond what is limited, that they are highly addictive, there is no difference between a pusher that is pushing in a corner a highly addictive drug and these people that are doing -- I mean, and they have a BTR (Business Tax Receipt) and a CU. There's no difference. They are getting our population, particularly our young population, addicted. Whether it be heroin or whatever it is, they're getting addicted, okay? And it's a big problem. What are we doing about it? What are we going to do? What can -- how can we enforce and punish those that are doing it and set an example that if you're doing it, you are going -- there are going to be consequences. 1 want to see if we either can close them or -- I don't know. I've been asking about this for a long time because I've seen it. I've seen it in schools, I've seen it in the parks, you see. We had a park when I first got elected, Bay of Pigs Park was a drug den, you see. Now, 1 want to know what are we doing? What is the -- what -- I mean, what are we going to do now that we know that it's happening? And a 7 out of 10, that's a big percentage. If we're just going to take that sample, you see, how many stores do we have in the City of Miami? Hundreds. And you take just that sample, that is 7 out of 10, okay? If it is 170 stores that they are selling products that exceed the limit, and they are highly addictive, you see. So, we have to -- we have to get proactive. We have to be more -- I don't know what we're going to do. Maybe take their BTR away or the CUs away. If you need legislation, you see, tell me how to -- or tell the City Attorney to draft it, and I will cosponsor. But we cannot keep this problem going without not doing anything. We tend to look the other way. Say, well, you know, this is -- no, no, no, no. It is hurting our youth. It's getting them addicted. Just like heroin is addictive, and morphine is addictive, that -- those products that they're selling are highly addictive. It is the same thing as a pusher in a corner, okay, so -- Mr. Morales: Commissioner, as we mentioned, our efforts are ongoing. There is a little bit of a delay. We do have the necessary tools -- Commissioner Reyes: Okay. Mr. Morales: -- to revoke the BTR. Just the process is a little complex when it comes to it because the county lab -- so we don't process our own narcotics. Commissioner Reyes: Yeah, I know. Mr. Morales: We don't process our own DNA. We rely on the county lab, the Miami - Dade County Lab, and they won 't even test the marijuana. So to do the things that we've done, we actually have to go and find a private lab outside to get those results just to make sure that it is. So it doesn't stand -- Commissioner Reyes: Okay, that is what -- City of Miami Page 107 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Mr. Morales: -- it doesn't stand up to the criminal guidelines, but it's good enough to proceed with a -- Commissioner Reyes: Okay, can --? Mr. Morales: -- revocation of the business tax receipt. So we're aware and we're working on it. Commissioner Reyes: Okay, Madam City Attorney, can you work on legislation that will definitely punish those people that go over the limit and they are not -- I mean, they're abusing -- they're selling this kind of product from the premises without --1 mean, without --1 mean, we are not -- we don't have -- we don't have -- I don't think that we have the proper -- or because I'm going to, I'm going to tell you, you don't have the personnel, the top personnel to go store by store, you see. But we have to do whatever we -- we have to. And some sort of consequences have to be established that if they do it, they're going to -- their business is going to be closed or whatever. But we have to establish some consequences for violating the law. Ms. Mendez: We will work with the police chief and we will -- Commissioner Reyes: Okay. Ms. Mendez: -- draft something hopefully to address your issues, Commissioner. Commissioner Reyes: Okay. Commissioner Gabela: Can I --? Chair King: Commissioner? Commissioner Gabela: So, I want to reiterate again, if it was my area, I would not do it. I agree with the Manolo. There's many problems here. I want to ask the City Attorney or whoever's responsible, so just to be clear, we're not setting a precedent that says somebody's going to come along and say, well, wait a minute, you gave it to him, now you've got to give it to us. Ms. Mendez: Right. So, in a perfect world -- Commissioner Gabela: No, no. Ms. Mendez: -- my, suggestion would be, you know, either pass legislation -- you can pass this item, yes. But we really have to -- and I believe Commissioner Pardo made a suggestion that maybe we need to workshop this in a Sunshine meeting, but we really have to decide what we want to do as a City. If we're going to ban it outright, these two, if you pass this one today and the one would be the only two, which you could do that, or if you're going to set parameters in the future, just to know, you either have to ban it or treat them as pharmacies. So, we have to figure that out, but for your -- it doesn't set a precedent, but we should figure out what we want -- Commissioner Gabela: Okay. Ms. Mendez: -- to do in the future -- Commissioner Gabela: But you answered my question -- Ms. Mendez: -- sooner rather than later. City of' Miami Page 108 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Commissioner Gabela: -- it does not set a precedent, which is what 1 'in worried about. And this is for one -- by the way, this is for the 11. Why are you talking about the second one? We're doing one, right? Ms. Mendez: So, one exists right now, we have one CU right now in the City of Miami, correct, Mr. Goldberg? Mr. Goldberg: Correct, there is one certificate of use that came to this body in its appellate capacity that was granted, which was at, I believe, 90 Northeast 11 th Street, 1 believe across the street from Club Ell VEN. Ms. Mendez: Right. And then this one, if you want this -- if you deny this appeal today, this would be the second one. Chair King: So, to make it clear for my colleagues, we deny the appeal which allows the facility to move forward in my district only. It doesn't have a trickle effect. Everybody, else can 't come in. And then we should, as a body, work together to put the guardrails in place for whether or not we want it in other areas. But like I said already on the record, I do not support these dispensaries near schools or parks or libraries, in residential areas. So, just would you -- okay. Vice Chair Carollo: I -- Chair, with all due respect, I don't see how you could put guardrails in this. This is like letting the genie, you know, out of the box. How do you put guardrails on the genie once he's out. You can't. How do you control people that might get all high in one district from not crossing into another district? And 1 remember when I was a young man, we would see the movies and laugh of Cheech and Chong. Well, welcome to the world Cheech and Chong that we live in today. It's a reality now. And the people that are going to suffer the most are going to be the poor areas, beginning in the Black community. Thank God for the grandmothers that are there, many of the mothers that are the ones that are on top of a lot of the kids, they're going to have even a harder time in doing that. In our Hispanic areas, it's going to be the same problem. And we're going to be living in a world that, you know, is Cheech and Chong. You don't know the guy driving the car, how high is he. You don't know if the reason he's going so slow is because he's just had his medical marijuana, or the reason that he just crashed into someone is because of the medical marijuana. The -- (COMMENTS MADE OFF THE RECORD) Vice Chair Carollo: It's correct, Commissioner. The -- let me give you an example that I think we could all understand a little better. The handicap signs. Now, I'm sure we've all seen legitimate people that are handicapped that have a sign, but for the most part, for the most part, I would say more than the 70 percent that we just heard now on the other matter, you see people in a shopping center all over our city with handicap signs on their cars, and they're in better shape than most of us. And why do they get the handicap sign? Because all you've got to do is call a doctor that you know or those that just charge you a little bit. They'll ask you a couple of questions and they'll give it to you. That's it. And there's almost no chance that you're going to have any problems. And I submit to you this is the same thing that's going to happen with the medical marijuana. Everybody that wants to make sure that they're legal, they want to get high, they're going to call X doctors, they'll ask them a couple of questions after they charge them some money, and they'll give them their medical marijuana card. Commissioner Reyes: A card. A card. Vice Chair Carollo: Yeah. City of Miami Page 109 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Commissioner Reyes: You get the card and it's easy. Vice Chair Carollo: And this is what we're going to be having. It's going to be a free- for-all all over Miami. But by the time it gets that bad, I'm sure I'll be in Shangri-La, so it'll be somebody else's problem. Chair King: I believe Commissioner Pardo would like to say something. Commissioner Pardo: Madam Chair, I share obviously all of these concerns, but I'm committed to bring back the ordinance and perhaps before that to a special meeting. This is a very complicated issue that affects us in many layered ways. I support issuing this and having a dispensary in your district. I think it's -- I think there is an urgent need for people who suffer from many different kinds of ailments, but most than anything else, pain, to be able to receive medical marijuana. So, 1 think it's important to have a dispensary. Chair King: It is, and my mother shares the same concerns. She is not in favor of marijuana in any form. Let me say that. My, mother had shoulder pain a year ago and I obtained from a smoke shop a balm that she could rub on her shoulder. I didn't tell her what it was. She used it. It helped. It relieved the pain. I had to get a second one. She used it. It relieved the pain so much; she was telling her sister about it in Canada. And they started looking fbr it. Where can her sister get it? Because she 's having issues. I never told my mom what it was. Then 1 had to confess, this is what it is, mom. And she was taken aback, but she couldn't argue with the benefits of the ointment. It really alleviated her pain. Couldn't -- her sister couldn't buy it in Canada, but she did have concerns. But she couldn't argue about it because she saw the benefits of it. Again, I understand my colleagues' concerns. I understand your concerns. I think we've talked about it enough, Commissioner. Commissioner Reyes: No, I'm going to say if it is ointment only. Ointment only. Chair King: But it's not only ointment. Commissioner Reyes: If it is ointment only, I am for it, but it's not. Chair King: It's not only ointment. And medicinal marijuana helps patients with cancer. It helps patients with seizures, different kind of pains. We cannot say we don't want to help a segment of our population -- Commissioner Reyes: How about gummies? Chair King: -- that are suffering. Commissioner Reyes: How about the gummies that kids have been -- have been -- they get to them and some of the kids have been overdosed. Chair King: The kids can't get the gummies from the medicinal dispensaries so -- Commissioner Gabela: Can I -- can I say something -- Chair King: Again? Commissioner Gabela: -- if everybody's done? Chair King: Go ahead. Commissioner Gabela: Can I talk? Okay, number one, I've just been informed that we -- a vote was taken here for Club Ell VEN and that was approved. So, number one, by City of Miami Page 110 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 doing this we're not sending a precedent. That's what I've been informed. And for that one, 1 believe every -- there was a majority vote. Number two, just to reiterate before I take the vote, what we're talking about here is medical dispensary only. Chair King: Only. Commissioner Gabela: Only. This is not recreational. This is not -- Chair King: No. Only medicinal, which is legal in the state of Florida. Commissioner Reyes: And you talk about cancer. I'm (UNINTELLIGIBLE) cancer. Chair King: But it -- Commissioner Reyes: I'm going through all the treatment and all of that. And I mean, I haven't used marijuana. I'm not going to use marijuana. If it is -- if it is only pills or something that doesn't get people high, that the content of it is minimal, okay, or it is non-existent, and people don 't get high, I'm all for it. But how are we going to police that? That's what I want to know. That's what I want to know. How are we going to police (UNINTELLIGIBLE) recreational marijuana or any recreational substance that get people high and addicted. What are we going to do? And we said, it is not near school. Well, what do you -- let's define what near school is. A mile, two miles, you see? We have to define it. Chair King: We will do that, but that doesn't -- that's not the issue here. Commissioner Reyes: After the fact, after the fact. Chair King: That's not the issue here. Commissioner Reyes: After the fact, okay. Chair King: I have a motion and a second. All in favor? Aye. Commissioner Pardo: Aye. Vice Chair Carollo: No. Commissioner Reyes: No. Vice Chair Carollo: Okay. Chair King: 3-2. Todd B. Hannon (City Clerk): As amended -- Chair King: As amended -- Mr. Hannon: -- to deny the appeal. Chair King: Thank you. To allow for the CU. That's what we voted for, to allow for the CU. Mr. Zichella: Yeah, to deny the appeal and allow the CU. Chair King: Allow for the CU. Ms. Mendez: Right. City of' Miami Page 111 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Commissioner Gabela: You know, 1 wanted to ask you while we had you, how do you regulate that? To Manolo's question, how do you regulate it to keep it from somebody doesn't get in there and does the recreation stuff? I'm just curious. Ron Book: Madam Chair? Chair King: Go ahead. Mr. Book: Through you. First of all, 1 think that it's important for everybody to understand -- Nathan Kurland: Identify. Mr. Book: -- that -- for the record, Ron Book, 4000 Hollywood Boulevard, Hollywood, Florida 33021, for the record, representing Ayr Wellness. For the record, I think that you have to start the discussion by understanding that you've got all of these smoke shops that are out there, and I will tell you that all of them are selling products that are illegal, unregulated, and would never be sold in any legitimate medical cannabis licensed operation. These are pharmaceutical products. Every single product that is sold in any medical cannabis pharmacy, we can call them a dispensary, they're defined as a pharmacy. Any one of them, a product, must be approved by the state. The approval process on every product is a very lengthy process. And when you go from one company to another company, it is the same as going from Pfizer to Teva, or any of the other major, if you will, pharmacologically developed medicines that pharmacological companies sell to regular pharmacies. When you go to one, the products are not the same because Pfizer doesn't make what Teva makes. Trulieve doesn't make what Ayr Wellness makes. Ayr Wellness doesn't make what the other makes. They're all proprietary products that go through an approval process. Let me give you another example of what we don 't permit in Florida. So, for example, if you went to California, Colorado, New York, New Jersey, I can name 35 or 40 states, you can go and you can buy a beverage. Florida has yet to approve beverages. Why? Because they're not comfortable yet on the content, if you will, of the THC and the CBD levels. Most of what I have heard over the last two years debated and discussed here are really primarily about the illegal smoke shops that are not licensed, not regulated, and frankly, if anybody went out and raided them, you would seize many products that nobody wants out there and nobody should want out there. As it relates to the question that was raised about gummier, first of all, the state not only regulates the content of what can go into any edible, there are specific criminal penalties for mislabeling, making it attractive for children. So, the issue of whether children are or not, here's what 1 can tell you. They're going into the smoke shops and they're getting the products. They're going down to ABC Convenience Store and getting the products. Where they're not getting them is the licensed and regulated medical cannabis pharmacies. Commissioner Reyes: Okay, you (UNINTELLIGIBLE). Mr. Book: They're just not happening that way. And so from my perspective, and Madam Chair, through you, Commissioner Gabela hit it on the head. This is not the first one in the city. You approved one down at 11 that has since changed hands. I don't believe they're open at this point, but I can tell you we will move forward in an expeditious fashion and open. And I am happy to answer questions. And I did hear that there was a question as to what the interior of what one of our pharmacies would look like. Madam Chair, if I could, through the Clerk. There are copies for everybody. It gives you an idea of what the interior looks like. It doesn't look like ABC Smoke Shop down there, and it doesn't look like the convenience store, and it's not where you're going to buy that garbage Delta 8 stuff And by the way, the legislature is going to pass legislation. It's on the floor in both houses next week to cap THC, CBD City of Miami Page 112 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 levels, not only in cannabis direct products, but in the hemp products as well. And Madam Chair, I'm happy to answer any other questions. 1 know it's been approved, but 1'rn happy to answer the questions. Vice Chair Carollo: How --? Chair King: The item has already passed. I don't -- Vice Chair Carollo: How hard was it for you, Ron, to get your medical marijuana prescription? Mr. Book: Say that again? Vice Chair Carollo: How hard was it Jroyou to get your medical marijuana prescription? Mr. Book: That's -- thank you, Madam Chair, through you. As you well know, I had a year and a half of pure hell, much the way Commissioner Reyes is going through today. I was a cancer patient at the University of Miami in the Sylvester Cancer Center. Commissioner Reyes: Me too. Mr. Book: And 1 will tell you that my oncologist, when all else failed, midway through my treatments, 42 grueling radiation treatments and six chemo treatments, recommended that I go see a medical cannabis doctor. I went through, they required me to supply them with all of my Sylvester Cancer records. I had to provide them with my primary care physician records. Everything was submitted to that doctor. Was it easy? I had to spend 45 minutes in a doctor's appointment just as though anybody else would. I don't know how easy it is or isn't for somebody else, but I can tell you that I would not be here. I'd be a zombie -like individual. That's how bad it was at the time where I couldn't sleep. Commissioner Reyes: I do understand, Ron, but you went the proper way to get your card and all of that. But if you go on the Internet, they even advertise the card, even in the Internet, you see. And that's part of the problems that I have. It is quite easy to obtain a card. And it is going to be used and abused without -- if we don't have regulation, it's going to be used and abused. I think that we are beating on a dead horse. It was passed. Let's keep on moving. Chair King: Exactly. It was passed. Thank you. Mr. Book: Thank you very much. City of Miami Page 113 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 PZ.12 12835 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF DFMMJ INVESTMENTS, LLC, REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-047 AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 2155 SOUTHWEST 22 STREET, MIAMI, FLORIDA, ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.12, please see "Order of the Day" and "Public Comments for all ltem(s). " City of Miami Page 114 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 PZ.13 15444 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RELEASE OF THREE (3) RECORDED INSTRUMENTS, SPECIFICALLY APPROVING THE RELEASE OF A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," APPROVING THE RELEASE OF A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "C," AND APPROVING THE RELEASE OF A UNITY OF TITLE, ATTACHED AND INCORPORATED AS EXHIBIT "D," RECORDED AGAINST THE REAL PROPERTY GENERALLY LOCATED AT 1825 BISCAYNE BOULEVARD, 1819 BISCAYNE BOULEVARD, 1844 NORTHEAST 4 AVENUE, 1840 NORTHEAST 4 AVENUE, 1824 NORTHEAST 4 AVENUE, 1820 NORTHEAST 4 AVENUE, 331 NORTHEAST 18 STREET, AND 327 NORTHEAST 18 STREET, MIAMI, FLORIDA, AS MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE RELEASE(S) IN FORM(S) ACCEPTABLE TO THE CITY ATTORNEY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0079 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Vice Chair Carollo: What time do we come back? Chair King: Let's see. Do we --? The remaining PZ (Planning and Zoning) items are 13, 14, 15, and 16. They don't have to be -- the titles do not need to be read into the record. If there's no -- Victoria Mendez (City Attorney): Some need to be amended. Chair King: Okay, but I have notes. Vice Chair Carollo: What time do we come back? Chair King: I'm going to say as amended. Put your hands down. Ms. Mendez: Thank you. Chair King: I'm trying to see if there's no controversy with 13, 14, 15, and 16. Can we take that right now and pass it? PZ.13, 14, 15, and 16. Ms. Mendez: 16 is an appeal so we may need to take it separately, Madam Chair. Chair King: Okay, 13, 14, and 15. Commissioner Gabela: Motion. Chair King: I have a motion for PZ.13, 14, and 15. City of Miami Page 115 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Commissioner Pardo: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): As amended? Chair King: As amended. Passes unanimously. Ms. Mendez: Madam Chair, I don't know if PZ.15 -- I just have to say bound -- that what we need to change is bounded by Northeast 18th Avenue should read Northeast 18th Street. Chair King: As amended. Commissioner Reyes: As amended. Chair King: 13, 14, and 15 pass as amended. It is now 12:23. We have a Southeast Overtown/Park West CRA (Community Redevelopment Agency) meeting to follow our recess and two hours after the Southeast Overtown/Park West CRA meeting is concluded will be our lunch break. So we -- it's not a long agenda, so we would come back -- Vice Chair Carollo: Two hours after? Chair King: Right., so we would come back at 3 o'clock. Are you staying for the CRA meeting? Vice Chair Carollo: I don't know. Chair King: So, we are now in recess and we will resume the Commission meeting at 3 o'clock. Thank you. City of Miami Page 116 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 PZ.14 15336 Department of Planning PZ.15 15437 Department of Planning RESOLUTION A RESOLUTION OF THE CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO CHAPTER 55, SECTION 55-15(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, APPROVING THE CLOSURE, VACATION, ABANDONMENT, AND DISCONTINUANCE FOR USE A TEN (10) FOOT WIDE PRIVATE ALLEY GENERALLY BOUNDED BY NORTHEAST 19 STREET TO THE NORTH, NORTHEAST 4 AVENUE TO THE EAST, NORTHEAST 18 AVENUE TO THE SOUTH, AND BISCAYNE BOULEVARD TO THE WEST, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0080 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO CHAPTER 55, SECTION 55-15(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, APPROVING WITH CONDITIONS THE CLOSURE, VACATION, ABANDONMENT, AND DISCONTINUANCE FROM USE OF A TEN (10) FOOT WIDE PRIVATE ALLEY GENERALLY BOUNDED BETWEEN NORTHEAST 29 TERRACE, NORTHEAST 29 STREET, NORTHEAST 4 AVENUE, AND BISCAYNE BAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0081 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes City of' Miami Page 117 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 PZ.16 15466 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY THE CITY OF MIAMI'S ZONING DEPARTMENT REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-23-117 REVERSING THE ZONING ADMINISTRATOR'S REVOCATION OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 5830 NORTHWEST 12 AVENUE, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S REVOCATION OF THE CERTIFICATE OF USE NO. 1402000285 FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item PZ.16 was deferred to the April 11, 2024, City Commission Meeting. Chair King: At this time, we are going to take PZ.16. (COMMENTS MADE OFF THE RECORD) Chair King: This is it. This is the last item, PZ.16. Daniel Goldberg: Good evening again, Daniel Goldberg, Zoning Administrator. Oh, I'm sorry, I'll wait for you to finish. Commissioner Reyes: PZ 16, an appeal. Chair King: Go ahead, Mr. Goldberg. Mr. Goldberg: PZ.16 is an appeal of a revocation of a certificate of use for an unsafe structure located at 5830 Northwest 12th Avenue in District 5. This property is a one- story structure containing a convenience store or mini mart. Just for some brief background, unsafe structure case number BB2013-010891 was opened in June of 2013 for a violation related to a 40/50-year recertification. This property was adjudicated as unsafe by the Unsafe Structure Panel in October of 2022, and the CU (Certificate of Use) was revoked by me in September of '23. The Planning, Zoning, and Appeals Board -- it was appealed. This decision was appealed to the Planning, Zoning, and Appeals Board, which reversed my decision and voted 7 to 1 to grant the appeal in December of last year. Chapter 10 of the City Code requires that I revoke a certificate of use for any violation of Chapter 10, including 40/50-year recertification violations. And so because of that, the revocation was proper. The property is still in violation as of today. And just in case, you know, to help inform the body as to voting process, because this is my appeal, if you grant the appeal, they don't have their CU City of Miami Page 118 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 until they fix their problem and apply for a new one. If you deny my appeal, they get their certificate of use back. And 1 remain available if you have any questions. Chair King: Do I have a motion to grant the appeal for PZ.16? (COMMENTS MADE OFF THE RECORD) Chair King: I have a motion; do I have a second? Vice Chair Carollo: Second. Chair King: I have a motion and a second. Daniel Monticello: Can 1 say something? Victoria Mendez (City Attorney): Madam Chair? Chair King: Hold on a second, sir. I have a motion and a second to grant the appeal. What? I haven't -- I know they're standing there. Do you want to --? That's what you want to tell me, that they're standing there? I see them. Sir? Mr. Monticello: Yes, I went December 6th in front of the other board. Chair King: State your name for the record. Mr. Monticello: My name is Daniel Monticello. I'm on the certificate of use. This is my business. The building somebody else owns it. I came back on December 6th. I got a unanimous yes to grant my appeal. I keep on trying to get the plans passed. It's like a hot potato. Every time you send it to the City, they keep on sending it back and forth, back and forth. Right now, the plans are in the City right now. I haven't gotten it back. They come back with comments that, you know, a (UNINTELLIGIBLE) on the roof something like that. It's very hard for me to communicate. I was told by a lady by the name of Olga through email to go to the Zoning Administrator and try, to have a conversation so before we come to the meeting we can have it resolved. They didn't extend that courtesy to me. They never even answered back. I've also reached out to Mr. Goldberg. This is the engineer here. He has a lot to say here today, about what's going on. And they just don't call back. It's like it's on a standstill. And I'm owner operated, me and my wife operate the store. I have five kids. If you take that away from me, how am I going to support them? And the part of the building that they're talking about, it's probably 20 feet by 10 feet. Nobody goes back there. And I just don't understand why I have to keep on coming back. I just came December the 6th. Today, I did not work. My wife had to go. I live in Broward. I have to pick up my kids. I didn't do nothing. I didn't earn a penny today. Chair King: So here's the -- Mr. Monticello: Because I've been here since 9 in the morning. Chair King: Sir, here 's the issue. Your property has been deemed unsafe. And you don't have your 40-50 recertification. So, if we don't grant this appeal and something happens, we will be liable for what happens because we broke the rules to allow you to continue to operate. I understand what you 're saying. And what I will do for you is have you meet with staff so they can fast track whatever it is that you need to do to bring your property into compliance. But for me, I cannot in good conscience not grant the appeal knowing that there's an unsafe structure adjudication and you don't have your 40, 50 year recertification. I cannot take that liability on. City of Miami Page 119 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Mr. Monticello: When we were December 6th in front of the other panel, he's the engineer, he says that he -- has a stated letter saying that it's safe. And they said it was okay. Let me let him talk a little bit if you don't mind. Mr. Goldberg: Madam Chair, I'm not permitted to, under our code, to consider a letter that says that the property is safe. The standard is simply, is it in violation of Chapter 10? And as of the day I revoked the CU, it was. Chair King: Anybody, else can -- does -- how soon can we get inspectors out to see that the property has become -- is in compliance? Mr. Monticello: But they haven't gave us a permit yet. We're going back and forth since December 6th. 1 understand there was a holiday. Chair King: Okay, I'm not -- okay, again, you see? You see what I'm saying? He can't get a permit, but we're worried about billboards getting a permit like this. That's not right. If we're so concerned about a billboard getting a permit and this guy can't get a permit. And he has to feed his family. This is important. He has to feed his family. Nov; sir, I don't know who's trying to get your permit. Maybe that person doesn 't know. I don't know. Mr. Monticello: It's him. You want to speak to him? Felix Rodriguez: Good afternoon, Commissioners and Madam Chairwoman. Chair King: State your name for the record. Mr. Rodriguez: My name is Felix Rodriguez. I'm a professional engineer. I was retained by the owner to -- initially to do the 40-year, you know, 40/50, you know, recertification. We performed the certification, submitted the reports, and to our surprise, there were violations on the property. I would like to mention for the record as well that when we did go on the system, there were violations listed, but there was no further information about it. So I couldn't research it until I received the information from the Unsafe Structures Department, fine. That happened. We eventually got information about two weeks later after asking by email. We've been working on legalization plans. Initially, the legalization was for sealing -- for the sealing of doors and windows that were closed in, and second for demolition of an addition in the back. Chair King: Sir, sir, I don't need to know all of the issues. How soon can you fix it? Mr. Rodriguez: Well, we have the comments completed. We're ready for the structural department particularly to release their review. So, it's been about three weeks that that structure and all the departments have been reviewing it. Chair King: How soon can you fix it? Mr. Rodriguez: A couple months, honestly. Well, the thing is -- Chair King: I could vote to have the item deferred, but that's only until -- it defers for a week or two. Mr. Goldberg, I need staff to work with them. How soon can we get the permit to them so they can get this work done? Mr. Goldberg: Let me give you a moment to check to see what's still pending. Chair King: Okay. City of' Miami Page 120 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Mr. Goldberg: Commissioner, I'm looking at the application right now for the permit that's pending to complete the certification. It's still pending Building, Miami -Dade County, Electrical, Mechanical -- I'm sorry, not mechanical. Let me -- Building Miami -Dade County, Electrical, Structural and Plumbing approvals to get the building permit issued. Now, the application has been with the City for three days on review cycle three. I will get the contact information from the owners and I will make sure that, you know, whatever is pending that we expedite it as much as possible. Hopefully, we can get that resolved before the next meeting if you do do a deferral. Chair King: I'd be willing to support a deferral. Commissioner Pardo: I would too. Commissioner Gabela: So move to -- motion to defer. Todd B. Hannon (City Clerk): Sorry. Chair King: So, I have -- Mr. Hannon: So, there was a motion earlier by Commissioner Reyes, seconded by Commissioner Carollo. Can someone withdraw their motion from earlier so that we can have a motion to defer? Commissioner Reyes: (INAUDIBLE) by the Chair. Can you --? Chair King: No, 1 didn't place the motion. Commissioner Carollo placed the motion. Can you withdraw that motion? Vice Chair Carollo: I'll (INAUDIBLE). Commissioner Reyes: That's right. Chair King: The motion has been withdrawn. May I have a motion to defer this item? Vice Chair Carollo: So moved. Chair King: I have a motion -- Commissioner Reyes: Second. Chair King: -- and a second. All in favor? The Commission (Collectively): Aye. Chair King: Sir, you -- your business resides in my district and that is why I'm trying to fight for you, but you better get -- Mr. Monticello: I'm trying. Chair King: -- you better get this stuff together because I can't -- Mr. Monticello: I know. Chair King: -- can't hold this off for much longer. But the staff, now that they're aware -- and I'm going to be following up on it. Mr. Monticello: Yeah, because I reached out to Olga and Olga told me to go to the Zoning Administrator. City of Miami Page 121 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Chair King: Okay. Well now -- Mr. Monticello: (INAUDIBLE) they don't answer the phone. They don't (INAUDIBLE). Chair King: -- now you have direct contact. Mr. Monticello: Okay. Chair King: Get their information, let them have your information -- Mr. Monticello: Alright. Chair King: -- so we can move forward. But this is time sensitive. Mr. Monticello: Alright. Chair King: It is time sensitive. Mr. Monticello: Okay. Chair King: Okay? Mr. Monticello: Thank you. Mr. Hannon: Chair, the deferral is until -- Mr. Monticello: Thank you, everybody. Mr. Hannon: -- March 14th? Chair King: The deferral is until April llth meeting. Mr. Hannon: April 11 th. April 11 th. Understood. Unidentified Speaker: Thank you. Mr. Monticello: Thank you very much. Chair King: Thank you. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 122 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 FL - FUTURE LEGISLATION FL.1 15331 Office of Zoning ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE IV, DIVISION 2, SECTION 2-207 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT/ZONING CERTIFICATE OF USE REQUIRED; ANNUAL REINSPECTION OF BUILDINGS AND PREMISES; FEES FOR INSPECTIONS AND ISSUANCE OF CERTIFICATES," MORE PARTICULARLY BY AMENDING SECTION 2-207(A) TO PROVIDE FOR A CERTIFICATE OF USE APPLICATION FEE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of' Miami Page 123 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 NA.1 15628 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DE -APPROPRIATING FUNDS IN THE TOTAL AMOUNT OF SIX MILLION, FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($6,500,000.00) ("FUNDS") PREVIOUSLY ALLOCATED TO THE DOUGLAS PARK COMMUNITY CENTER PROJECT, PROJECT NO. 40-B40581 ("DOUGLAS PARK PROJECT") IN THE CITY OF MIAMI'S ("CITY") FISCAL YEAR 2023- 24 MULTI -YEAR CAPITAL PLAN ADOPTED ON SEPTEMBER 9, 2023 PURSUANT TO RESOLUTION NO. R-23-0376 ("CAPITAL PLAN"), AND RE -APPROPRIATING SAID FUNDS TO THE BADIA CENTER FACILITY AT FLAGAMI PARK PROJECT, PROJECT NO. 40-B203515 ("BADIA CENTER PROJECT"), ALL AS SET FORTH IN EXHIBIT "A," ATTACHED AND INCORPORATED; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE CAPITAL PLAN, 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-24-0061 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: I also have a pocket item -- Commissioner Reyes: Yes. Chair King: -- to be read into the record. Madam City Attorney, do you have that? Commissioner Reyes: Is that my pocket item? Chair King • Yes. Commissioner Reyes: Thank you, Madam Chair. Chair King: Mm-hmm. Victoria Mendez (City Attorney): Madam Chair, give me one moment for that pocket item. Commissioner Gabela: So, did we -- so we deferred 8, 9, 10 and 12, right? PZ (Planning and Zoning). Did we do that? Chair King: Yeah, 8, 9, 10 and 12. Commissioner Gabela: Yep. City of Miami Page 124 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Chair King: Yes. Commissioner Gabela: Okay. Chair King: PZ.11 is still in play. Commissioner Gabela: PZ.11 is the one in play. Chair King: Yes. [Later...] Ms. Mendez: The resolution -- so, these are the pocket items. We have two pocket items. The first one is the District 5 Pocket Item, and we'll call that, for -- for the Clerk -- Todd B. Hannon (City Clerk): I have a District 4 Pocket Item, Badia Center. Chair King: I don't have a pocket item. Ms. Mendez: I thought you said you had a pocket item. Chair King: No, no. Ms. Mendez: Oh. Commissioner Gabela: It's Manolo. Chair King: There is a pocket -- there's a pocket item. Ms. Mendez: Oh, okay -- Chair King: Not my -- Ms. Mendez: -- so, district -- okay. Chair King.: Yes. Yes. Ms. Mendez: Alright, so district -- Mr. Hannon: We have it as Pocket Item 1, PL1. Ms. Mendez: Yes. Okay, so then we only have one pocket item. Commissioner Gabela: So, motion. Chair King: She's going to read the title into the record so the public can have an opportunity to speak on it. The Resolution was read by title into the public record by the City Attorney. Chair King: Thank you. [Later...] Chair King: At this time, may I have a motion to pass Pocket Item 1? City of' Miami Page 125 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Commissioner Gabela: Motion. Commissioner Reyes: Second. (COMMENTS MADE OFF THE RECORD) Chair King: It's the one for Commissioner Reyes. Commissioner Reyes: Moving money from one place to the other -- Vice Chair Carollo: Right, but -- Commissioner Reyes: -- to (INAUDIBLE). Chair King: So, I have a motion. Do I have a second? Commissioner Pardo: I'll second it. Commissioner Reyes: Second. Chair King: I have a motion and a second, all in favor? The Commission (Collectively): Aye. Chair King: Pocket Item 1 has passed unanimously. Ms. Mendez: Madam Chair, on Pocket Item 1, I'm sorry, I just heard it. It's funds, not impact fees. Commissioner Reyes: Oh, that's right. Ms. Mendez: So, we need to change it to state that. Funds. I'm sorry. Chair King: As amended. Ms. Mendez: Thank you. City of Miami Page 126 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 NA.2 15633 Office of the City Clerk DISCUSSION ITEM UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE MARCH 14, 2024 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTERS OF GRACE, INC.; ENGAGE MIAMI, INC; SOUTH DADE BRANCH OF THE NAACP; MIAMI-DADE BRANCH OF THE NAACP; CLARICE COOPER; JARED JOHNSON; YANELIS VALDES; AND ALEXANDRA CONTRERAS VS. CITY OF MIAMI, CASE NO. 1:22-CV-24066- KMM, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CITY OF MIAMI VS. GRACE, INC.; ENGAGE MIAMI, INC; SOUTH DADE BRANCH OF THE NAACP; MIAMI-DADE BRANCH OF THE NAACP; CLARICE COOPER; JARED JOHNSON; YANELIS VALDES; AND ALEXANDRA CONTRERAS, CASE NO. 23-12472, PENDING IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, AND AMERICAN CIVIL LIBERTIES, UNION OF FLORIDA, INC. VS. CITY OF MIAMI, CASE NO. 2023-023038-CA- 01, CURRENTLY PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY DISCUSSIONS. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIR CHRISTINE KING, VICE-CHAIRMAN JOE CAROLLO, COMMISSIONERS MIGUEL ANGEL GABELA, MANOLO REYES, AND DAMIAN PARDO; THE CITY MANAGER, ARTHUR NORIEGA, V, THE CITY ATTORNEY, VICTORIA MENDEZ; CHIEF DEPUTY CITY ATTORNEY JOHN A. GRECO; DEPUTY CITY ATTORNEYS GEORGE K. WYSONG AND KEVIN R. JONES; OUTSIDE COUNSEL CHRISTOPHER N. JOHNSON AND GEORGE T. LEVESQUE. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THIS SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. RESULT: DISCUSSED Victoria Mendez (City Attorney): Madam Chair, may I read some scripts now before we get into the pocket items and the public comment for meetings -- shade meetings that I have to request next time because -- Chair King: Please. City of' Miami Page 127 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Ms. Mendez: Thank you. Madam Chair, members of the Commission, pursuant to provisions of 286.0118 Florida Statutes, I'm requesting that at the City Commission meeting of March 14, an attorney -client session closed to the public be held for purposes of discussing pending litigation in the matter of GRACE (Grove Rights and Community Equity) Inc., Engage Miami Inc., South Dade Branch of the NAACP (National Association for the Advancement of Colored People), Miami -Dade Branch of the NAACP, Clarice Cooper, Jared Johnson, Yanelis Valdes, and Alexandra Contreras vs. City of Miami, Case Number 1:22-CV-24066-KMM, pending in the United States District Court of the Southern District of Florida, City of Miami vs. GRACE Inc., Engage Miami Inc., South Dade Branch of the NAACP, Miami -Dade Branch of the NAACP, Clarice Cooper, Jared Johnson, Yanelis Valdes, and Alexandra Contreras, Case Number 23-12472, pending in the United States Court of Appeals for the Eleventh Circuit, and American Civil Liberties, Union of Florida, Inc., vs. City of Miami, Case Number 2023-023038-CA-01, currently pending in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations or strategy discussions. This private meeting will begin at approximately 10 a.m., or soon thereafter as the Commissioners' schedules permit, and conclude approximately one hour later. The session will be attended by members of the City Commission, which include Chairwoman Christine King, Vice Chairman Joe Carollo, Commissioners Miguel Angel Gabela, Manolo Reyes, and Damian Pardo, the City Manager, Arthur Noriega, myself the City Attorney, Victoria Mendez, Chief Deputy City Attorney, John Greco, Deputy City Attorneys George Wysong, Kevin Jones, outside counsel Christopher Johnson and George Levesque. A certified court reporter will be present to ensure that this session is fully transcribed and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney -client session, the regular commission meeting will be reopened, and the person chairing the commission meeting will announce the termination of the attorney -client session. City of Miami Page 128 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 NA.3 15634 Office of the City Clerk DISCUSSION ITEM UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE MARCH 14, 2024 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTERS OF THE MAD ROOM LLC D/B/A BALL AND CHAIN, ALTOS MEXICANO, LLC D/B/A TAQUERIAS EL MEXICANO, LITTLE HAVANA ARTS BUILDING, LLC, AND LA GRAN FIESTA, LLC VS. CITY OF MIAMI, CASE NO. 21-CV-23485-RKA, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA; TOWER HOTEL, LLC, A FLORIDA LIMITED LIABILITY COMPANY, PIEDRA VILLAS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, BEATSTIK, LLC, A FLORIDA LIMITED LIABILITY COMPANY, EL SHOPPING, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND YO AMO CALLE SIETE, LLC, A FLORIDA LIMITED LIABILITY COMPANY VS. CITY OF MIAMI, CASE NO. 2022-008069-CA-44, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA; AND TOWER HOTEL, LLC, A FLORIDA LIMITED LIABILITY COMPANY, PIEDRA VILLAS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, BEATSTIK, LLC, A FLORIDA LIMITED LIABILITY COMPANY EL SHOPPING, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND YO AMO CALLE SIETE, LLC, A FLORIDA LIMITED LIABILITY COMPANY VS. CITY OF MIAMI, CASE NO. 3D23-285, PENDING IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA, THIRD DISTRICT, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY DISCUSSIONS. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIR CHRISTINE KING, VICE-CHAIRMAN JOE CAROLLO, COMMISSIONERS MIGUEL ANGEL GABELA, MANOLO REYES, AND DAMIAN PARDO; THE CITY MANAGER, ARTHUR NORIEGA, V; THE CITY ATTORNEY, VICTORIA MENDEZ; CHIEF DEPUTY CITY ATTORNEY JOHN A. GRECO; DEPUTY CITY ATTORNEYS KEVIN R. JONES AND GEORGE K. WYSONG, III., DIVISION CHIEF RACHEL DOOLEY, CITY'S OUTSIDE COUNSEL RAQUEL A. RODRIGUEZ, ESQ., MICHAEL E. DUTKO, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THIS SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. RESULT: DISCUSSED City of' Miami Page 129 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Victoria Mendez (City Attorney): Madam Chairwoman and members of the City Commission, pursuant to provisions of Section 286.0118 Florida Statutes, I'm requesting that at the City Commission meeting of March 14th, 2024, an attorney - client session closed to the public be held for purposes of discussing the pending litigation in the matters of The Mad Room LLC (Limited Liability Company), d/b/a (doing business as) Ball and Chain, Altos Mexicano LLC, Taquerias El Mexicano, Little Havana Arts Building, LLC, La Gran Fiesta, LLC and City -- vs. City of Miami, Case Number 21-CV-23485-RKA, pending in the United States District Court for the Southern District of Florida; Tower Hotel, LLC, Florida Limited Liability Company, Piedra Villas LLC, a Florida Limited Liability Company, Beatstik, LLC, a Florida Limited Liability Company, El Shopping, LLC, a Florida Limited Liability Company, and Yo Arno Calle Siete, LLC, a Florida Limited Liability Company vs. City of Miami, Case Number 2022-08 -- 008069-CA-44, pending in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida; Tower Hotel, LLC, a Florida Limited Liability Company, Piedra Villas, LLC, a Florida Limited Liability Company, Beatstik, LLC, a Florida Limited Liability Company, El Shopping, LLC, a Florida Limited Liability Company, and Yo Amo Calle Siete, LLC, a Florida Limited Liability Company vs. The City of Miami, Case Number 3D-23285, pending in the District Court of Appeal, State of Florida, 3rd District to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations or strategy discussions. This private meeting will begin at approximately 10 a.m., or soon thereafter, as the Commissioners' schedules permit, and conclude approximately one hour later. The session will be attended by members of the City Commission, which include Chairwoman Christine King, Vice Chairman Joe Carollo, Commissioners Miguel Angel Gabela, Manolo Reyes, and Damian Pardo, the City Manager, Arthur Noriega, the City Attorney, Victoria Mendez, Chief Deputy City Attorney John Greco, Deputy City Attorneys Kevin Jones and George Wysong, Division Chief Rachel Dooley, City's outside counsel Raquel Rodriguez and Michael Dutko. A certified court reporter will be present to ensure that the session is fully transcribed and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney -client session, the regular commission meeting will be reopened and the person chairing the commission meeting will announce the termination of the attorney -client session. City of Miami Page 130 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 NA.4 15635 Office of the City Clerk DISCUSSION ITEM UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE MARCH 14, 2024 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTER OF WILLIAM O. FULLER, MARTIN PINILLA, II, THE BARLINGTON GROUP, LLC, CALLE OCHO MARKETPLACE, LLC, YO AMO CALLE SIETE, LLC, LITTLE HAVANA ARTS BUILDING, LLC, LITTLE HAVANA ARTS BUILDING TOO, LLC, TOWER HOTEL, LLC, BRICKELL STATION, LLC, PIEDRA VILLAS, LLC, FUTURAMA, LLC, EL SHOPPING, LLC, BEATSTIK, LLC, VIERNES CULTURALES/CULTURAL FRIDAYS, INC., LITTLE HAVANA BUNGALOWS, LLC, AND LHAB TREST, LLC VS. CITY OF MIAMI, JOE CAROLLO, IN HIS INDIVIDUAL CAPACITY, ARTHUR NORIEGA, IN HIS INDIVIDUAL CAPACITY, VICTORIA MENDEZ, IN HER INDIVIDUAL CAPACITY, RACHEL DOOLEY, IN HER INDIVIDUAL CAPACITY, ASAEL MARRERO, IN HIS INDIVIDUAL CAPACITY, DANIEL S. GOLDBERG, IN HIS INDIVIDUAL CAPACITY, WILLIAM ORTIZ, IN HIS INDIVIDUAL CAPACITY, LUIS TORRES, IN HIS INDIVIDUAL CAPACITY, ADRIAN PLASENCIA, IN HIS INDIVIDUAL CAPACITY, RENE DIAZ, IN HIS INDIVIDUAL CAPACITY, IVONNE BAYONA, IN HER INDIVIDUAL CAPACITY, JOHN DOES 1-20, CASE NO. 23-CV- 24251-RAR, PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY DISCUSSIONS. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIR CHRISTINE KING, COMMISSIONERS MIGUEL ANGEL GABELA, MANOLO REYES, AND DAMIAN PARDO; THE CHIEF FINANCIAL OFFICER, LARRY M. SPRING, JR.; CHIEF DEPUTY CITY ATTORNEY JOHN A. GRECO; DEPUTY CITY ATTORNEYS KEVIN R. JONES AND GEORGE K. WYSONG, III., CITY'S OUTSIDE COUNSEL RAQUEL A. RODRIGUEZ, ESQ., MICHAEL E. DUTKO, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THIS SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. rRESULT: DISCUSSED Victoria Mendez (City Attorney): And lastly, Madam Chairwoman and members of the City Commission, pursuant to provisions of Section 286.0118, Florida Statutes, my office is requesting that at the City Commission meeting of March 14th, 2024, an attorney -client session, closed to the public, be held for purposes of discussing the City of Miami Page 131 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 pending litigation in the matter of William Fuller, Martin Pinilla, 11, the Barlington Group LLC (Limited Liability Company), Calle Ocho Marketplace, LLC, Yo Amo Calle Siete, LLC, Little Havana Arts Building, LLC, Little Havana Arts Building Too, LLC, Tower Hotel, LLC, Brickell Station, LLC, Piedra Villas, LLC, Futurama, LLC, El Shopping, LLC, Beatstik, LLC, Viernes Culturales/Cultural Fridays, Inc., Little Havana Bungalows, LLC, and LHAB Tres, LLC vs. City of Miami, Joe Carollo in his individual capacity, Arthur Noriega in his individual capacity, Victoria Mendez in her individual capacity, Rachel Dooley in her individual capacity, Asael Marrero in his individual capacity, Daniel Goldberg in his individual capacity, William Ortiz in his individual capacity, Luis Torres in his individual capacity, Adrian Plasencia in his individual capacity, Rene Diaz in his individual capacity, Ivonne Bayona in her individual capacity, John Does 1 through 20, Case Number 23-CV-24251-RAR, pending in the United States District Court, Southern District of Florida, to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations or strategy discussions. This private meeting will begin at approximately 10 a.m., or soon thereafter, as the Commissioners' schedules permit, and conclude approximately one hour later. The session will be attended by members of the City Commission, which include Chairwoman Christine King, Commissioners Miguel Angel Gabela, Manolo Reyes, and Damian Pardo, the Chief Financial Officer, Lamy Spring, Chief Deputy City Attorney John Greco, Deputy Attorneys Kevin Jones and George Wysong, City's outside counsel, Raquel Rodrigues and Michael Dutko. A certified court reporter will be present to ensure that this session is fully transcribed and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney -client session, the regular commission meeting will be reopened, and the person chairing the commission meeting will announce the termination of the attorney -client session. Thank you. I have your pocket now. Chair King: Please. Vice Chair Carollo: Attorney? Ms. Mendez: Yes, Commissioner? Vice Chair Carollo: What is this shade meeting all about? Ms. Mendez: There are three -- three potential shade meetings, for sure we're having two, which is GRACE and discussions of settlement, and the Mad Room case and the Tower case. I'm not sure if we're having the third, but I'm announcing it just in case, depending on what happens in the -- in the shade meetings. Vice Chair Carollo: But it seemed to me that what you were reading has to do with the Mad Room too. Ms. Mendez: Right. That would be a separate -- a separate shade meeting if -- if we have it. Vice Chair Carollo: Okay. Ms. Mendez: And in -- in that one, you, me and the Manager will not he there. Vice Chair Carollo: And the -- Ms. Mendez: If it happens. Vice Chair Carollo: Any new lawsuits this week from these pillars of the community? Ms. Mendez: No, I think we -- City of' Miami Page 132 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 NA.5 15636 Office of the City Clerk Vice Chair Carollo: Oh, okay. Ms. Mendez: -- I thinkl covered a few of them that we have right now. Vice Chair Carollo: Very good. DISCUSSION ITEM COMMISSIONER GABELA OPINED THAT COMMISSIONER JOE CAROLLO, CITY ATTORNEY VICTORIA MENDEZ AND CITY MANAGER ARTHUR NORIEGA, V SHOULD NOT PARTICIPATE IN ANY ATTORNEY -CLIENT SESSIONS REGARDING ALL THE CASES INVOLVING BILL FULLER, MARTIN PINILLA, THE BUSH BROTHERS AND THEIR BUSINESSES. RESULT: DISCUSSED Chair King: Commissioner Gabela, we are on RE.2, the budget amendment. Do you have any questions or comments? Commissioner Gabela: So, the only thing that wanted to say, and it 's related to that, but it is and it isn't, okay, that -- so I just want to read this into the record, okay, and then I'll be done. Chair King: Okay. Commissioner Gabela: We were talking in my office, okay, and upon discussing this matter in my office with my legal advisor and staff, I believe that Commissioner Carollo, the City Attorney, and the City Manager should not participate, not participate, in the shade meetings and settlement negotiations regarding all the cases of Fuller, Pinilla, the Bush Brothers, and their businesses, as those cases are predicated on conduct and actions of Commissioner Carollo, the City Attorney, and the City Manager, who are all implicated in all the causes of actions that are the subject matter of these lawsuits. So what I'm scared of is that we settle at some point, and then we have a problem because some of these people participated. That's all I'm saying. I just wanted to read it into the record. Ms. Mendez: I guess you didn't listen to my statement because -- Commissioner Gabela: I did. Ms. Mendez: -- because the cases where Carollo -- Commissioner Gabela: I heard you. Ms. Mendez: -- Noriega and I are involved -- Commissioner Gabela: I think you shouldn't participate in any. Ms. Mendez: -- we are not participating. Commissioner Gabela: I think you shouldn't participate in any. That's what I'm saying. Ms. Mendez: Okay, so that is -- Commissioner Gabela: My opinion -- City of Miami Page 133 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 NA.6 15630 City Commission Ms. Mendez: -- your opinion. Commissioner Gabela: -- my opinion, and I'm putting it out there, and that's all I'm saying. But apart from that -- Chair King: Okay. RESOLUTION A RESOLUTION OF THE MIAMI COMMISSION DIRECTING THE CITY MANAGER TO RETURN TO THE CITY COMMISSION WITH AN AMENDMENT TO CHAPTER 2/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/CODE ENFORCEMENT," IN ORDER TO REINSTATE SECTION 2-830 OF THE CITY CODE, TITLED "ALTERNATE CODE ENFORCEMENT SYSTEM," PROVIDING FOR AN ALTERNATE CODE ENFORCEMENT SYSTEM THAT GIVES SPECIAL MAGISTRATES THE SAME AUTHORITY AS THE CODE ENFORCEMENT BOARD TO HOLD HEARINGS AND IMPOSE FINES, COST, LIENS, AND OTHER NON -CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY CODE. ENACTMENT NUMBER: R-24-0082 MOTION TO: Adopt RESULT: ADOPTED MOVER: Damian Pardo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: May I have a motion to approve having a code enforcement magistrate? Commissioner Gabela: Motion. Commissioner Pardo: I'll make the motion. Chair King: I've got a motion and a second. All in favor? (COMMENTS MADE OFF THE RECORD) Chair King: Discussion. Discussion. I'm going to allow my Vice Chair -- Commissioner Reyes: Okay. Chair King: -- to start the discussion. Vice Chair Carollo: How many members do you have? Robert Santos-Alborna (Director, Code Compliance): At this point in time? Vice Chair Carollo: In the Code Enforcement Board now? Mr. Santos-Alborna: It has five members. Vice Chair Carollo: Only five members? Mr. Santos-Alborna: Yes, sir. Vice Chair Carollo: Normally, with members and alternates, what? City of' Miami Page 134 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Mr. Santos-Alborna: Seven. Vice Chair Carollo: Seven. So, you're down two. Mr. Santos-Alborna: Yes, sir. Vice Chair Carollo: How many people have shown up in the last meetings? Mr. Santos-Alborna: So, I have that information ready. So, we've had some changes. Individuals have been removed. The chair, former chair is -- who had a 100 percent attendance record is not there. And so, your question is attendance. Three of the members have had 50 percent attendance. One member has 25 percent attendance. This is for 2024. It's for this current year. Vice Chair Carollo: Yeah, yeah. This is one of the problems I think that we have. Mr. Santos-Alborna: Right. Vice Chair Carollo: We all need to put people in there that -- Commissioner Reyes: Absolutely. Vice Chair Carollo: -- are going to have a commitment. Now, having said that, that doesn't resolve -- Mr. Santos-Alborna: Right. Vice Chair Carollo: -- your present situation. Mr. Santos-Alborna: Right, which -- Vice Chair Carollo: How much of a backlog do you have? Mr. Santos-Alborna: So, I'm going to say that at this point in time we probably have a thousand cases that can be heard. Vice Chair Carollo: What does that translate into, months? Estimate. Mr. Santos-Alborna: I would say, I estimate about four months. Vice Chair Carollo: Okay. The reason that we did away with magistrates was that we were finding that there were different property owners that had multiple ownerships -- these were not residential homeowners -- that never ended up going to the Code Enforcement Board. They would always go to -- and usually the same magistrate. So, that certainly wasn't fair. Mr. Santos-Alborna: Right. Vice Chair Carollo: And that's why this got changed. I -- Mr. Santos-Alborna: If may, Vice Chair. Vice Chair Carollo: Yeah. Mr. Santos-Alborna: I -- you and I have had discussions on this matter. Vice Chair Carollo: Yeah. City of Miami Page 135 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Mr. Santos-Alborna: One of the things that we could -- 1'd like to come back with the Manager and Legal to put something -- a structured recommendation. One of the concerns that I know that you voiced to me is the mitigation. One option is to have mitigation before board members, right? You have right now legislation that requires for commercial property more than nine months to come before you. We can amend that to make it before a board. We could create guardrails and parameters so that, you know, we ensure that we move forward. What is very disappointing for me and for other members of Code and the City Attorney's Office and Hearing Boards is preparing, coming ready to go forth, having more than a hundred of our residents attend, and then it's a voluntary board, there are people that are giving their time and 1 get it, but 1 have a personal opinion on voluntary boards that we really cannot demand and that's why I am really a proponent of looking at a process that includes magistrates. Vice Chair Carollo: Well, I understand that, but you're looking at it from the point of a bureaucrat truing to get things moved along. I'm looking at it from the point of fairness. The vast majority of the people that come before us are individuals that never had a problem before. They own their own home. They're petrified of the process. And I don't want those to be in the, you know, the losing end of the stick. So, I disagree with you in the idea of just magistrates. I think that the people that should be dealing with residents are other residents that live in the neighborhoods, know what's going on in our city, and it's like a jury. You don't want to go to Broward County. You want to be judged by a peer of your own here. So, having said that, if we could work on getting your -- back to not having this backlog, but what 1'd like to do is, on the magistrates, is that there's a constant rotation that is not known to your code enforcement officers, in a way that no one knows which is the magistrate they're going to end up in front of. Mr. Santos-Alborna: So, that is an option. I'm going to tell you that in Palm Beach County, the hearing process was under code as an administrative process. We had five magistrates that we rotated very successfully. We had one that would hear the contested cases where people disagree with our process and there were another one hearing non -contested. We're not there yet. I'd like to effectuate a program like that, but that's -- that's -- in baseball terms, that's third base. We're not even -- we're not even at first base yet. Vice Chair Carollo: Well, I'd like to see more than five so you could rotate them even more. Because what happens is after a while, human nature, you have attorneys. And if you got two or three magistrates, they become friendly with the attorneys that are representing X corporation or X individual. And that's when you get uneven justice being given. So, if -- and if you could come back with something that gives more assurance that there would be more of an even process, I'd be willing to look at a six - months additional pilot program, see how it works. If we're satisfied with it, we'll keep it going in some form or another. But I do think you cannot do away with a code enforcement board of your own peers. I think that most people would feel a lot more comfortable going in front of individuals that are their own peers, that live in their own community, that understand them more. Commissioner Reyes: Okay. Chair King: Commissioner Reyes? Commissioner Reyes: Yes. I expressed more or less the same sentiment that Commissioner Carollo is expressing. The reason that we did it was that it was a revolving door, you see. People would rather come to the magistrate. Some of them, they knew it. They got out of there without any fine or something. And six months, I mean, a year and a year and a half later, they were back because they had the same City of Miami Page 136 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 violations, and again, another break was given to them. I want to avoid that. And another thing that it really bothers me is that we should place -- we have, as a commission here, we have more or less parameters because we, in some instances, we go no less than 10 percent of the fine, you know, for us to cover whatever it is. A magistrate could say zero, or of we place a minimum of 10 percent. I don't know how that would work. What I would like for you to do before you vote on this, it is for you, or even after, we can always go back to it, it is to bring in writing, you see, all the functions of the magistrate is going to be, how are we going to be rotating them, and if there is certain parameters by which they have to -- I mean, which they have to follow, you see. Because what happened before -- what happened before was that, as 1 explained, and it was what caused for the magistrate to be done away with. And I will -- I mean, I believe in the magistrate and I believe that it can be beneficial for -- 1 mean, particularly to the department, and we can expedite all the fines and everything that we have. We have cases, about 900 cases, okay, that's fine. And also, 1 want to add, and this is something that I will ask my fellow commissioners, when you appoint somebody to any of the boards, I know those are --1 mean, they are volunteer boards Mr. Santos-Alborna: Right. Commissioner Reyes: -- but try to at least exert some commitment. Say, listen, try to be there as much as I can. You see, that's what I had -- I did with my two appointments. And the first thing that 1 asked was, are you going to come? Or you just want it as a title? Well, I'm a member of the code enforcement board, you see? So, I would like for you to bring something more concise. Mr. Santos-Alborna: Understood. Commissioner Reyes: See how it's going to work, how we are going to rotate them, how many you're going to get, and if there's any parameters that they have to follow. Mr. Santos-Alborna: Right. Commissioner Reyes: There is a minimum that they can charge, you see? Mr. Santos-Alborna: Understood. Commissioner Reyes: And that's my two cents on it. Chair King: Commissioner Gabela. Commissioner Gabela: Okay, so the question is are we going to put a magistrate or not in light of what's going on? Chair King: So, we have -- we have a motion and a second on the board to consider a magistrate. We have to open that up for public comment. I'm going -- if that was your last comment, I'll go to Commissioner Pardo, then I'll open it up for public comment. Commissioner Pardo: Yeah, I support the magistrate. Chair King: Okay, so at this time, if there's anyone here that would like to speak on this item, please come forward. Seeing none, public comment is closed. I think -- (COMMENTS MADE OFF THE RECORD) Chair King: Ma'am, come on up. City of Miami Page 137 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Maritza Vasquez: Good afternoon, my name is Maritza Vasquez. 1 live at 1263 Southwest 21 Terrace. 1 used to be a board member of Code Enforcement. Mr. Santos-Alborna knows that. Mr. Santos-Alborna: Yes. Ms. Vasquez: And I was having a lot of conversations with the City Attorney, with Victoria Mendez, and she knows. The board should change, should change completely because we cannot come to the board being forced to do something or being directed to do something against somebody. We should work for the taxpayers. We should work for the people that owns their houses and they want to do something good for their properties. We shouldn't be working for big corporations that they come and they start talking with the attorneys that are sitting there. And that was one of my major complaints with the City Attorney when Mrs. Dooley was here, because 1 thought that it was completely out of the order the way it was running the Code Enforcement. We should be loyal to the taxpayers. It 's our money. Commissioner Reyes: Absolutely. Ms. Vasquez: Okay, we -- when we get a violation in our house, we have to wait months and get deferred and deferred and deferred, and we've never been listening by our commissioners. You guys are here because we voted for you. We're not here to beg you for a favor. We're not here to beg anybody for a favor, okay? I'm so happy 1 came today. 1 happen to be -- this is God that is telling me that you said that. 1 have been asking for a meeting with Mr. Pardo. I never got an answer since he got elected. I am so sorry that 1 have to say that. Because I saw it and I told you. I stand in front of you -- Chair King: Ma'am? Ms. Vasquez: -- and I said -- Chair King: Ma'am? Ms. Vasquez: -- I want to talk to you. Chair King: Thank you. Ms. Vasquez: Okay, we should change. Chair King: Thank you for your comment. Ms. Vasquez: Everybody should change. Chair King: Thank you. Thank you. So, I believe the motion on the floor is to have staff come back with legislation, proposed legislation -- Commissioner Reyes: That's right. Chair King: -- to create the position of a magistrate with all of the checks and balances that were heard here. Commissioner Gabela: Motion. Chair King: I have a motion and a -- we already have the motion and the second. Vice Chair Carollo: I'll second. City of' Miami Page 138 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 Chair King: Yes. Vice Chair Carollo: Yeah. Chair King: So, all in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Thank you. Vice Chair Carollo: Also -- Mr. Santos-Alborna: Thank you, Commissioners. Vice Chair Carollo: -- if we could do something else -- Mr. Santos-Alborna: Yes. Vice Chair Carollo: -- through the City Manager -- Mr. Santos-Alborna: Yes. Vice Chair Carollo: -- and if the City Attornev's Office would work with you and the Manager's Office. A board like this is extremely important. Mr. Santos-Alborna: Yes. Vice Chair Carollo: We should have thorough background checks on each member of the board to make sure that they don't have any arrest convictions in their background that would question their serving in that board. Commissioner Reyes: It should be an attorney in good standing. Mr. Santos-Alborna: I believe -- I believe that's done now. Vice Chair Carollo: The magistrates, it would be rare, not necessarily, but rare that you will have that problem with -- Commissioner Reyes: That's right. Vice Chair Carollo: -- because they're an attorney. You have the Bar. Commissioner Reyes: That's right. That's right. They have to be in good standing with the Bar. Vice Chair Carollo: I'm talking about regular code enforcement members. Mr. Santos-Alborna: Board members. Commissioner Reyes: Yes, okay. Vice Chair Carollo: We need to have -- Mr. Santos-Alborna: A vetting process. Vice Chair Carollo: -- a vetting process where we do a national search, make sure that, as I stated, they haven't had any arrests, convictions of such things that they're serving in that board would be questioned by us or by the average person. City of Miami Page 139 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 NA.7 15631 Office of the City Clerk Mr. Santos-Alborna: Understood. Vice Chair Carollo: You do agree with that? Mr. Santos-Alborna: Yes, sir. I do. Vice Chair Carollo: Okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Christi Tasker Commissioner Damian Pardo ENACTMENT NUMBER: R-24-0083 MOTION TO: Adopt RESULT: ADOPTED MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: And at this time, I'd like a motion to approve pocket item -- a D2 (District 2), Code Enforcement Board appointment that should help alleviate not being able to get quorum. Do I have a motion? Commissioner Pardo: I'll make the motion. Vice Chair Carollo: Okay. Chair King: Do I have a second? Commissioner Gabela: Second. Vice Chair Carollo: Second. What is the --? Chair King: It an appointment to the Code Enforcement Board. Vice Chair Carollo: Okay. Chair King: Mr. Clerk, would you please read the name? Vice Chair Carollo: Who's making the appointment? Chair King: D2. Todd B. Hannon (City Clerk): Yes. Vice Chair Carollo: Okay. City of' Miami Page 140 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 NA.8 15637 Office of the City Clerk Mr. Hannon: Commissioner Pardo will be appointing Christi Tasker to his vacant seat on the board. Chair King: I have a motion. Vice Chair Carollo: Christi who? Mr. Hannon: Christi Tasker. Vice Chair Carollo: Oh, that Christi, okay. Chair King: So, 1 have a motion and a second to approve Christi Tasker for D2 Code Enforcement Board. Vice Chair Carollo: Can we do a background check on her before she gets --? Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Welcome aboard. DISCUSSION ITEM COMMISSIONER GABELA PROVIDED AN UPDATE REGARDING CITY MANAGER ARTHUR NORIEGA, V REPORT TO THE COMMISSION REGARDING HIS SPOUSE'S PLACE OF EMPLOYMENT AND THEIR RELATIONSHIP WITH THE CITY. RESULT: DISCUSSED Chair King: And that concludes our City of Miami Com -- Commissioner Gabela: Can I say one more thing before we break? Chair King: You absolutely can. Commissioner Gabela: Just -- just -- (COMMENTS MADE OFF THE RECORD) Commissioner Gabela: No, I'll be brief. Listen, to my office there's been some calls that they're concerned with City Manager and the furniture business that was brought on weeks ago, that he was going to give us an explanation. And the City Manager did come into my office yesterday -- Chair King: I got an explanation. Commissioner Gabela: Yeah, and I got an (UNINTELLIGIBLE). Chair King: I did. Commissioner Gabela: Yeah, and he says that he's going to present it publicly in the next meeting, so I wanted to assure the public that the gentleman will be here the next meeting and he will present his -- his -- Chair King: Thank you. I didn't -- City of' Miami Page 141 Printed on 04/11/2024 City Commission Meeting Minutes February 22, 2024 ADJOURNMENT Commissioner Gabela: Just wanted to clear that up -- Chair King: Thank you. Commissioner Gabela: -- so the people that have called me know what's going on, you know. Commissioner Pardo: Thank you. I also got some calls. Chair King: Okay. This shall conclude the City of Miami Commission meeting for February 22, 2024. Thank you all. I will see you again on March 14th, 2024. Thank yoar. The meeting adjourned at 4: 55 p.m. City of' Miami Page 142 Printed on 04/11/2024