HomeMy WebLinkAboutCC 2024-09-12 MinutesCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Meeting Minutes
Thursday, September 12, 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
George K. Wysong III, City Attorney
Todd B. Hannon, City Clerk
City Commission
Meeting Minutes September 12, 2024
9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Chairwoman King, Vice Chair Carollo, Commissioner Gabela, Commissioner
Pardo and Commissioner Reyes
On the 12th day of September 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 9:35
a.m., recessed at 12:38 p.m., reconvened at 2:53 p.m., and adjourned at 5:18 p.m.
Note for the Record: Commissioner Pardo entered the Commission chambers at 9:37 a.m.
and Vice Chair Carollo entered the Commission chambers at 10:14 a.m.
ALSO PRESENT:
Arthur Noriega, V, City Manager
George K. Wysong III, City Attorney
Todd B. Hannon, City Clerk
Chair King: At this time, we are going to begin our meeting with prayer. I am honored to have
today Bishop Peter Eaton of the Episcopal Church in Southeast Florida. Good morning,
Bishop. So happy to see you.
Peter Eaton: Thank you. Good morning, everyone. I'm delighted to be here to open the first
session after the summer break with prayer. I'm very grateful to the Chair for inviting me and
for the commissioners for hosting me this morning. I just want to say a couple of things before
I begin so that you know what's going to happen, because one should never pray without some
preparation. I'm going to read three short prayers, one for our city, one for our country, and
because today is the day after the 23rd anniversary of 9/11, I'm going to say a prayer in
commemoration of that. So, would you please stand if you are able to do so? Let us pray.
Invocation delivered.
Chair King: Thank you, Bishop. Commissioner Pardo, would you lead us in the Pledge of
Allegiance?
Pledge of Allegiance delivered.
Chair King: Thank you.
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Meeting Minutes
September 12, 2024
PR - PRESENTATIONS AND PROCLAMATIONS
PR.1
16659
PROTOCOL ITEM
Honoree
Presenter
Protocol Item
Fireman Derek's Bake Shop -
Wynwood
Mayor and Commissioners
Proclamation
Miami Police Department —
Republican National Convention
Mayor and Commissioners
Proclamation
Miami Police Department —
HEAT Team
Mayor and Commissioners
Proclamation
Miami Police Department —
Detective Erasmo Bonilla
Mayor and Commissioners
Salute
Miami Police Department —
Officer Elias Santos
Mayor and Commissioners
Salute
Miami Police Department —
Team of Detectives
Mayor and Commissioners
Salute
Miami Police Department —
Team of Lieutenants, Sergeants,
Detectives and Officers
Mayor and Commissioners
Salute
RESULT:
PRESENTED
Chair King: Good morning, everyone. So happy to see our chambers filled. I love
advocacy. Welcome to the City of Miami Commission meeting for September 12th,
2024. I am joined with a couple of my colleagues today, Commissioner Reyes and
Commissioner Miguel Gabela. We are going to start our proclamation and
recognition portion of our Commission meeting. I'm going to introduce our mayor,
Francis Suarez, who is going to kick us offfor these proclamations. Good morning,
Mr. Mayor.
Mayor Suarez: Good morning. Thank you, Madam Chair. How's everyone feeling
today?
(COMMENTS MADE OFF THE RECORD)
Mayor Suarez: Alright. Looks like everyone is -- drank their Cuban coffee. Yeah? You
have your colorful shirts on? Good. Awesome. So today we're going to start our
proclamations with our Chair. I'm going to hand it back to her so she can kick it off
for us guys, thank you.
Presentations made.
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Meeting Minutes September 12, 2024
1) Mayor Suarez and Commissioners presented a Proclamation to commend and
celebrate a local business that has become an integral part of our community. The
City of Miami takes pride in recognizing Fireman Derek's Bake Shop, an award -
winning South Florida -based bakery, has been delighting residents and visitors alike
for the past decade with its handcrafted, one -of -a -kind desserts, including over 50
unique pies, cakes, cheesecakes, brownies, bars, bread puddings, and cookies and
founded by former Miami firefighter Derek Kaplan. Fireman Derek's Bake Shop has
expanded its presence with locations in Wynwood and Coconut Grove, becoming a
beloved institution known for its rich, decadent flavors and its dedication to quality,
with all items crafted daily at their Little Haiti commissary or baked onsite. Fireman
Derek's Bake Shop enjoys numerous awards and recognitions, including the South
Florida Business Journal's "40 Under 40" Award, and Miami New Times' "Best of
Miami" for Best Key Lime Pie in 2011 and 2015; and Fireman Derek's Bake Shop
has become a staple in Wynwood, enriching the community with not only its
delectable offerings but also its commitment to excellence, creativity, and community
engagement, embodying the spirit of Miami's entrepreneurial and artistic culture.
Elected Officials paused in their deliberations of governance to acknowledge
Fireman Derek's Bake Shop for its dedication to bringing joy and deliciousness to
our residents, and for its continued success as a beacon of culinary innovation in our
City.
2) Mayor Suarez and Commissioners presented a Proclamation to the City of Miami
Police Department. The City of Miami recognizes the dedication, professionalism,
and unwavering commitment of its police officers and supervisors who represent the
City's law enforcement on a national level. From July 13 through July 19, 2024, a
select group of City of Miami Police Officers and Supervisors participated in the
Republican National Convention (RNC) Deployment in Milwaukee, Wisconsin,
providing essential security services and ensuring the safety of delegates, visitors,
and residents during this significant national event. The participation of the City of
Miami Police Officers and Supervisors in this deployment highlights their ability to
perform their duties under pressure, demonstrating exceptional skill, leadership, and
collaboration with law enforcement agencies from across the country. Their
contributions to the safety and security of this important event reflect the highest
ideals of law enforcement and serve as an inspiration to their colleagues and the
community they protect. Elected Officials paused in their deliberations of
governance to recognize and commend their continued dedication to serve while
proudly elevating the high brand of service that the City of Miami always provides.
3) Mayor Suarez and Commissioners presented a Proclamation to the City of Miami
Police Department's Homeless Empowerment Assistance Team (HEAT). The HEAT
was established on August 2, 2021, and is composed of Crisis Intervention certified
officers specially trained to support individuals in crisis and those suffering from
mental illness. HEAT officers work in collaboration with community members, the
Homeless Assistance Trust, the Department of Human Services, Solid Waste,
Camillus House, and other entities to provide outreach to individuals facing
homelessness, helping to empower them to overcome barriers and access essential
services. HEAT's mission is to prevent and reduce homelessness by offering proper
care, facilitating connections to treatment, and providing access to shelter options,
thus supporting individuals on a path to long-term stability and breaking the cycle of
homelessness. Elected Officials paused in their deliberations of governance to
acknowledge, recognize, and commend their continued dedication to serving and
improving the lives of the homeless community in the City of Miami.
4) Mayor Suarez and Commissioners presented a Salute to commend City of Miami
Police Department Detective Erasmo Bonilla. Detective Bonilla and his exceptional
investigative work in apprehending a suspect responsible for multiple crimes
targeting elderly residents in the Flagami area. Detective Bonilla's diligent efforts,
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City Commission
Meeting Minutes September 12, 2024
utilizing advanced cell phone technology, video surveillance, and License Plate
Readers, were instrumental in identifying and arresting this dangerous offender. His
commitment to justice, particularly in cases involving vulnerable citizens, highlights
the dedication and professionalism of our police force. Elected Officials paused in
their deliberations of governance to acknowledge, recognize, and commend his
continued dedication to serving, bravery and commitment to improving the quality of
life in the City ofMiami.
5) Mayor Suarez and Commissioners presented a Salute to commend City of Miami
Police Department Officer Elias Santos for his outstanding investigative work and
dedication in solving multiple complex burglary cases in Miami. Despite an initial
lack of leads in a series of high -value thefts, Detective Santos demonstrated
exceptional tenacity, diligence, and investigative acumen. His ability to connect
similar cases, utilize video evidence, geo-location analysis, and identify a suspect
through latent. fingerprints and distinctive tattoos, led to the successful arrest of a
prolific offender. Elected Officials paused in their deliberations of governance to
acknowledge, recognize, and commend his continued dedication to serving, bravery
and commitment to improving the quality of life in the City ofMiami.
6) Mayor Suarez and Commissioners presented a Salute to recognize a group of City of
Miami Police Department Detectives. This team of detectives whose swift
identification and apprehension of a suspect involved in multiple serious offenses is
commendable. Their remarkable investigative skills, teamwork, and professionalism
along with their contributions to additional cases being solved is an invaluable
contribution to the safety and well-being of residents of the City. The City of Miami
Detectives are a testament to dedication and commitment to ensuring justice for our
community. Elected Officials paused in their deliberations of governance to
acknowledge, recognize, and commend their continued dedication to serving,
bravery and commitment to improving the quality of life in the City of Miami.
7) Mayor Suarez and Commissioners presented a Salute to commend a group of City of
Miami Police Department Lieutenants, Sergeants, Detectives and Officers. This team
of Police are commended for their actions on July 25, 2024, Miami Police units
responded to a burglary in progress at 5790 SW 5th Street, where four awned
subjects were observed entering an Airbnb property via surveillance footage. Upon
arrival, officers confronted the suspects, who fled the scene, discarding evidence
including money and narcotics. Through the collaboration of Sergeant Kelly Surami,
her S.I.S. team, and off -duty officers from the Allapattah Problem Solving Team,
three of the armed subjects were apprehended, while two additional suspects were
detained after the home was cleared. Robbery and S.I.S. Narcotics detectives
assisted in the investigation, leading to five arrests and the recovery of a rifle,
handguns, 143.96 pounds of marijuana, and $40,981 in cash. The professionalism,
swift response, and teamwork of the involved personnel exemplified the dedication of
the City of Miami Police Department to ensuring public safety. Elected Officials
paused in their deliberations of governance to acknowledge, recognize, and
commend their continued dedication to serving, bravery and commitment to
improving the quality of life in the City of Miami.
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Meeting Minutes September 12, 2024
ORDER OF THE DAY
Chair King: At this time, I will have the City Attorney read his statement into the
record. You all may be seated.
George Wysong (City Attorney): Thank you, Madam Chair. George Wysong, City
Attorney, City of Miami. Detailed information about the processes, order of business,
rules of procedure and scheduling or 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 related City
requirements for lobbyists before appearing before the City Commission. A person
may not lobby a City official, board member, or staff member until registering. The
copy of the code section about lobbyists is available in the City Clerk 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. The 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 document 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.rniamigov.com. Any person may be heard by the City Commission through
the Chair for not more than two minutes on any proposition before the City
Commission unless modified by the Chair. Public comment will begin at
approximately 10:15 a.rn. and remain open until public comment is closed by the
chairperson. Members of the public wishing to address the body may do so by
submitting written comments via the online comment form. Please visit
www.miamigov.corn/meetinginstructions for detailed instructions on how to provide
public comment using the online public comment form. The comments submitted
through the comment form have been and will be distributed to the elected officials,
their staff, and City administration throughout the day so that the 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 the elected officials, their staff, and the City administration up until the
chairperson closes public comment. Public comment may be -- also be provided here
at City Hall located at 3500 Pan American Drive, Miami, Florida, subject to any and
all City rules as they may be amended. If the proposition is being continued or
rescheduled, the opportunity to be heard may, be at such 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 the items and topics to be discussed at
the City Commission meeting in compliance with Section 286.0114(4)(c) Florida
Statutes. The public has been given the opportunity to provide public comment
during the meeting and within reasonable proximity and time before the meeting.
Please note, Commissioners have generally been briefed by City staff and the City
Attorney's Office on items on the agenda today. Anyone wishing a verbatim record of
any item considered at this meeting niay request it at the Office of Communications
or view it online at www.miamigov.com. Planning and Zoning items shall proceed
according to Section 7.1.4 of the Miami 21 Zoning Ordinance. Parties for any PZ
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Meeting Minutes September 12, 2024
(Planning and Zoning) items, including any applicant, appellant, appellee, City staff
and any person recognized by the decision -making body as a qualified intervener, as
well as the applicant's representatives and any experts testifying on behalf of the
applicant, appellant, or appellee may 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 to remove the presumption of prejudice
pursuant to Florida Statute 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning
Ordinance. The order ofpresentation shall be as set forth in Miami 21 and in the
City Code. The staff will briefly present each item to be heard. The applicant will
present its application 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 an evidentiary 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 cellphones and other noise -making devices. And finally,
this meeting can be viewed live on Miami TV, the City's Facebook page, the City's
Twitter page, the City's YouTube channel, and Comcast Channel 77. The broadcast
will also have closed captioning. Thank you, Madam Chair.
Chair King: Mr. City Clerk, would you please read your statement for the record?
Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who
will be providing testimony to be sworn in for Planning and Zoning items and any
quasi-judicial items on today's City Commission agenda will be as follows: The
members of 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 notice provisions set forth in these
uniform rules and procedures we established for this meeting?
Chair King: Yes.
Mr. Hannon: Thank you, Chair. May I administer the oath?
Chair King: Please.
Mr. Hannon: Thank you, Chair. Good morning, ladies and gentlemen, if you will be
speaking on any of today's Planning and Zoning items, the PZ items, Planning and
Zoning items, may I please have you stand and raise your right hand?
The City Clerk administered the oath required under City Code Section 62-1 to those
persons giving testimony on zoning items.
Mr. Hannon: Thank you, Chair.
Chair King: Thank you. Mr. City Manager, do you have any items that are going to
be withdrawn or deferred from the agenda?
Arthur Noriega (City Manager): Good morning, Madam Chair, Commissioners, Mr.
City Attorney, Mr. City Clerk. At this time, the Administration would like to defer
and or withdraw the following items: PH 3, to be indefinitely deferred; SR.3, to be
deferred to September 26th; SR.5, to be deferred to October loth; DI1, to be
withdrawn. And then, Madam Chair, there will be an -- probably an additional item
to be deferred, but after the public comment.
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Chair King: Okay. I'm going to ask my colleagues now. Vice Chair, are there any
items that you would like to have withdrawn or deferred?
Vice Chair Carollo: Madam Chair, I'm going to wait until public comment before I
talk about a couple of items that I would like to defer.
Chair King: Commissioner Gabela?
Commissioner Gabela: No, I'm okay with what you're deferring now.
Chair King: Commissioner Pardo?
Commissioner Pardo: (INAUDIBLE). On FR.1, I'd like to defer just because I'd like
a little more information.
Vice Chair Carollo: Which is FR.1 ?
Chair King: Voting outcomes.
Vice Chair Carollo: Excuse me?
Chair King: Voting outcomes, City Commission.
Vice Chair Carollo: Hold on. That's -- who put that in? Is it you --
Mr. Wysong: That was our item, Mr. Vice Chair, the City Attorney's Office. It was
an attempt to provide clarity in the procedures. I have no issue if it's deferred if you
have a busy agenda.
Commissioner Reyes: It is -- Madam Chair?
Chair King: Commissioner Reyes?
Commissioner Reyes: I believe that this is the only thing that we are doing by voting
for this (INAUDIBLE) accepting the results --
Vice Chair Carollo: Yeah.
Commissioner Reyes: -- correct me if I'm wrong, accepting the results of the
election, and --
Mr. Wysong: No.
Commissioner Reyes: It is not?
Vice Chair Carollo: Let's see, amending -- it's FR.1, correct?
Mr. Noriega: Yes.
Chair King: Correct.
Mr. Noriega: It's to clar fy votes as they're taken and what the actual results are,
relative --
Commissioner Reyes: Okay.
Mr. Noriega: -- to whether an item is denied, right? Or is -- if it's -- there's a --
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Mr. Wysong: Right, if there's a --
Mr. Noriega: -- recommendation for denial --
Commissioner Reyes: Okay, okay, okay, okay.
Mr. Noriega: -- how that vote should proceed. It's just clarifying the rules of order.
Commissioner Reyes: I'm sorry. I'm sorry, 1 stand corrected. I stand corrected.
Thank you very much. You see, sometimes we all make mistakes. Okay.
Mr. Noriega: Can I -- just for purposes of -- because I don't know that we got it.
Chair King: No, I'm going to --
Mr. Noriega: FR.1 is to be deferred to when? What's the --
Commissioner Pardo: First meeting.
Mr. Noriega: Next meeting?
Unidentified Speaker: Yeah, I guess --
Mr. Noriega: Or October? September 26th or October --
Commissioner Pardo: 26th.
Mr. Noriega: 26th?
Vice Chair Carollo: Is there anything that would affect this meeting, Mr. City
Attorney, if this is deferred?
Mr. Wysong: No, sir. This was just a cleanup item, so it has no impact on the
meeting.
Vice Chair Carollo: Alright.
Mr. Wysong: Thank you.
Vice Chair Carollo: That's fine.
Mr. Hannon: And so, Chair, we'll show that as deferral to September 26th.
Commissioner Gabela: September or October?
Chair King: September.
Mr. Hannon: Currently, I have September 26th.
Commissioner Pardo: Just a little more time.
Chair King: Okay. Commissioner Reyes, do you have any items that you would like
to withdraw or defer?
Commissioner Reyes: No, ma'am, not at this time.
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Chair King: Okay. At this time, may 1 have a motion?
Commissioner Gabela: Motion.
Chair King: Second?
Commissioner Reyes: Second.
Chair King: All in favor?
The Commission (Collectively): Aye.
Chair King: The agenda has now been set.
[Later...]
Chair King: First, some housekeeping issues. Someone spoke this morning and took
-- had something to say about me saying do not come and address one particular
individual, address the entire body and I'd like the City Attorney to read what is in
our rules already from the statement. Page 2 --
George Wysong (City Attorney): Yes.
Chair King: -- Mr. City Attorney, would you please read for the record paragraph 1,
2, 3 --
Mr. Wysong: Four.
Chair King: -- the fourth paragraph. Please read that because this is not something
that I am making up and --
Mr. Wysong: Yes.
Chair King: -- I am not trying to take anyone's First Amendment rights away. I did
not say that you could not speak. If Mr. City Attorney can read paragraph four.
Mr. Wysong: Absolutely. Any person making offensive remarks or who becomes
unruly in the Commission chambers will be barred from further attending City
Commission meetings and may be subject to arrest. No clapping, applauding,
heckling, or verbal outbursts in support or opposition to a speaker or his or her
remarks shall be permitted. No signs or placards shall be allowed in the Commission
chambers. Persons exiting the Commission chambers shall do so quietly. And
Madam Chair, I'll be adding that to my statement henceforth so that I'll read it
before every City Commission meeting.
Chair King: Thank you, Mr. City Attorney. And it is unfortunate that we even have to
make such a statement for our public commenters. I am the biggest proponent and
advocate jbr public comments and jbr every voice to be heard, but it doesn 't give you
a right to just be offensive in all of the things that you just said, and I will be
upholding that moving forward.
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PUBLIC COMMENT FOR ALL ITEM(S)
16656 DISCUSSION ITEM
Office of the City
Clerk
PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE
PUBLIC FOR THE SEPTEMBER 12, 2024 CITY COMMISSION
MEETING.
RESULT: PRESENTED
Chair King: And at this time, I'm going to open the floor for public comment. 1 would
like to allow our public defender, who is here, he has to get back to work. There's a
trial that requires his attention, so if you don't mind, I'd like to give him an
opportunity to speak first, and then all others are welcome to come and speak on any
items before us on this agenda. Thank you. Good morning.
Carlos Martinez: Good morning. Thankyou very much, Madam Chairwoman, and
good morning, Commissioners. As you all know, I live and work in the city of -Miami.
My name is Carlos Martinez. I am the Miami -Dade public defender and I'm here in
support of item RE.12, which is the extension of life of the Omni CRA (Community
Redevelopment Agency). And I've previously spoken on this issue, so I'm going to be
even shorter than I was last time. We have a desperate need for availability of
affordable and workhorse [sic] housing in the urban core, particularly availability of
housing at 120 percent ofAMI (Area Median Income). In terms of my staff 65 percent
of my employees, and I have 350 of them, 65 percent of them are earning less than the
120 percent. 50 percent of my attorneys are making less than 120 percent AMI. The
starting salary for an attorney in my office is $70, 000. For support staff it's $33, 000.
They are underpaid, severely underpaid, and having this type of affordable housing is
critical. It's a critical and powerful recruitment and retainment tool that is available
really to private and public sectors. It's important that my attorneys are able to live in
the urban core, because that is close to my office, and thankfully, a lot of the young
attorneys do not have cars. And if they can live in your urban core, my office is less
than two miles away. Carlos Migoya, the Public Health Trust Chairman, Katherine
Fernandez -Rundle, the state attorney, all of us know that we have a serious problem
that we need affordable workforce housing. So, I hope that you will support this item.
Commissioner Reyes: Through the Chair.
Chair King: Thank you.
Commissioner Reyes: Let me make a comment here.
Chair King: Commissioner Reyes --
Commissioner Reyes: Thankyou -- hold on a second.
Chair King: I'm going to -- let me finish what I'm going to say. I'm going to allow you
to speak, but I would like to ask my colleagues to refrain from speaking with -- during
the public comment --
Commissioner Reyes: Okay.
Chair King: -- because we have a lot of folks that would like to speak, but --
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Commissioner Reyes: I'm just going to make a comment because this is very close to
my philosophy. 1 have been --1 mean, I have been preaching since day one that when
they call workforce housing, and they go all the way up to 100 -- before it was 140,
120, it is not workforce. It's a misnomer to the majority of workers, with the majority
of workers, and as you stated, you stated, they're making less. Most of your employees
are making less. I had a meeting with the superintendent of school, and I told him, you
have to -- he was talking about teachers, some of the teachers, they don't make that
money, because 120 is 80 some thousand dollars a year. And I told him, you see, I
was a teacher, and I know how much a teacher makes. And I said, well, how about
when we call workers, it is going to be workforce. How about the workforce of the
people that clean the buildings, the people that cook the food, the people that are
delivering the food, the people that have all the -- secretaries, for example. They won't
be able to pay what is being asked. And I will vote against anything that is -- that's
why I presented a resolution that it cannot go over a hundred percent and -- and 1 will
not vote in anything that goes over a hundred percent, you see.
Vice Chair Carollo: Chairwoman? Just 30 seconds. Mr. Martinez, you mentioned that
you need this housing in the core area of the city. Do you consider Overtown part of
that core area?
Mr. Martinez: Yeah.
Commissioner Reyes: Yes.
Vice Chair Carollo: Okay.
Mr. Martinez: Yeah, that's close to my office.
Vice Chair Carollo: Do you consider Little Havana, Allapattah, part of the core
area?
Mr. Martinez: All of that is close to my office.
Commissioner Reyes: Absolutely.
Vice Chair Carollo: Okay.
Commissioner Reyes: All of it.
Chair King: Thank you. Thank you.
Mr. Martinez: Thank you very much.
Chair King: Thank you for your advocacy.
Mr. Martinez: Appreciate it.
Chair King: Thank you for all the work that you do.
Vice Chair Carollo: Can we just establish --
Chair King: Good morning.
Vice Chair Carollo: -- Mr. Martinez, when he said core area, he considers Overtown,
Allapattah, Little Havana part of the core area too, with the Omni area?
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Commissioner Gabela: And 1 just want to add that for 24 years, lsiaa Jones admitted
that that area was not invested in until now.
Commissioner Reyes: Yeah.
Commissioner Gabela: I want to put that on the record.
Commissioner Pardo: I'll reserve my remarks.
Chair King: Okay, that's what I was trying to avoid so that we aren't going back and
forth with every person that's engaging us and allow the public comment to flow.
Good morning. How are you?
Rebecca Jauregui: Good morning. I am Rebecca Jauregui, and I'm deeply grateful for
the opportunity to speak in favor of Resolution 16508. I have quite literally served at
Miami Bethany Community Service my entire life. I am a witness to the sacrifice of my
parents and the entire army of volunteers who make this work possible under rain or
sun, even during the pandemic, with minimal conditions and nonstop throughout the
52 weeks of the year. I am also a witness of how a month ago, August 11 th, a City of
Miami Code Enforcement inspector left us a notice of violation for the containers and
the aluminum roof that we use to alleviate the significant inflation in food and
housing costs. The situation of our residents is getting worse, and the City officials
are limiting us, sadly, from helping. We need an urgent solution. l firmly believe that
a favorable vote from each of you could significantly improve the situation, and 1 am
confident that five districts of Miami will reap the benefits. Thank you so much.
Chair King: Thank you. Good morning.
Applause.
Chair King: Please, please, no, no, no, no, no, no, no. We're not clapping. We only
clap during our recognition portion of the Commission meeting, our proclamations.
Those of you who want to show your support, please do like this. Correct, correct. So,
we won't have that. Good morning.
Crystal Ivory: Good morning. My name is Crystal Ivory, and I am a city of Manzi
resident, an iPrep parent. I was here in July as well, so I'll be brief. I'm here again
asking for all of the Commissioner's support to ratify the Omni CRA. Although the
communities are different, the needs are the same, and they're valid, and I ask that
this ratification is not delayed or derailed and that you all work together to get the
Omni CRA extended with relief for District 1 as well, so that both communities can
thrive. I urge you guys to work together for the common good of the community
Please ratify the Omni CRA today. Please.
Chair King: Thank you. Also, I'rn going to ask that we line up five at a time on each
side. Our fire department has advised me that it becomes a hazard to have more than
five people. We don't want the exits to be blocked. Good morning.
Michael Wohl: Good morning, Madam Chair and Commissioners. I'm Michael Wohl.
I live in the city at 2675 South Bayshore Drive. Most of you know me as an affordable
housing developer. I just gave my card to the gentleman who's in search of affordable
housing. I'm going to work with his group to place his employees. I'm here in support
of Miami Bethany Church, who is our partner in our new development that's going to
be starting the first quarter of next year, Dulce Vida in Allapattah, we're all excited
about commencing construction. Kudos to my friend, Commissioner Gabela, who was
instrumental in bringing this, forward. I can't think of a better local, not -for -profit,
community -based organization than Miami Bethany Church. They are amazing. And
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one of the things they do is they have a food hank. They have a food bank on site at
the church that, frankly, is a nonconforming use at the church. And they're in need of
expanding the food bank and administering the food bank and having a new location.
That's why I support their item here. I think it's 16508, in taking over an abandoned
City parcel. For that purposes, I have personally given donations, significant
donations to the Bethany Church to support this food bank. It is greatly needed in the
community, so I would encourage the commissioners to act accordingly. Thanks so
much for your time.
Chair King: Thank you. Good morning.
Michael Feuling: Good morning. I'm here to speak on FR.2. My name is Michael
Feuling. 1 live at 900 Biscayne Boulevard. I've also been referred to by Commissioner
Carollo in the Miami Herald, at Bayfront Trust board meetings.
Commissioner Pardo: The mic.
Mr. Feuling: Should I start over?
Commissioner Pardo: Yeah. Or no --
Mr. Feuling: Okay. Hi, I'm here to speak on FR.2. My name is Michael Feuling. 1 live
at 900 Biscayne Boulevard. 1 have also been referred to by Commissioner Carollo, in
the Miami Herald, at Bayfront Trust board meetings, and from this dais as the mayor
of Ferre Park. This in addition to his ongoing accusation that I am a racist and an
elitist. Although the Commissioner may think his nickname of me as the mayor of
Ferre Park is just another one of his derogatory names he uses against tax paying
residents who disagree with him, I take it as a compliment, thank you, and believe it
gives me even more credibility to urge you to vote yes on FR.2. This Commission must
take control of the Bayfront Park Management Trust from Joe Carollo. Let me give
you just one example. I think you would all agree that every park, large or small, has
one amenity in common, a children's playground, except, except Ferre Park.
Commissioner Carollo, under his dictatorship as chairman of the Trust for the last
almost seven years, has thought it was more important to construct an $896, 000 no -
bid dog and park sculpture garden, not one, but two dog parks, who he proudly
claims are the state's largest dog parks, occupying almost 15 percent of the green
space, a $285, 000 gym, constructed illegally, and I just discovered he has ordered not
one, but two, giant flower clocks to be installed at Ferre Park and Bayfront parks with
a total cost of almost $1 million.
Chair King: Thank you.
Mr. Feuling: All done without community input --
Chair King: Thank you.
Mr. Feuling: -- and without any regard to the approved Parks Master Plan.
Chair King: Thank you. Thank you.
Mr. Feuling: Thank you.
Chair King: Thank you. Thank you.
Vice Chair Carollo: Chairwoman, I know what you said.
Mr. Feuling: Oh, here we go.
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Chair King: Oh, God.
Vice Chair Carollo: No, no.
Chair King: Commissioner Reyes, can we --
Vice Chair Carollo: I'm not --
Chair King: Commissioner Carollo, can we --
Vice Chair Carollo: Look, I'm not here --
Chair King: Chairwoman.
Chair King: -- when the item --
Commissioner Pardo: Can we move on?
Vice Chair Carollo: I am not here to be a punching bag.
Mr. Feuling: You're going to allow this?
Chair King: Sir. Sir, you've had your time, please sit down.
Mr. Feuling: But you're allowing him to talk.
Chair King: Sir, please sit down. Do not engage with us. Thank you so much for your
advocacy.
Mr. Feuling: I guess they don't listen to you. Thank you.
Chair King: Thank you. Thank you.
Vice Chair Carollo: Now, what I'd like to establish what are our guidelines? Are we
supposed to be a punching bag to get anybody to come and lie about us, to make
insults, to make some of the biggest false statements, and we can't answer. Most of the
people out there don't know the other side to it, don't know that what this man has
been saying are outright lies. And he is sick right now because he lost an election 80
percent. Now this man goes out there every day trying to bother our employees, trying
to see what he can find to attack a trust. This trust has nine members. I'm only one of
nine, but I'm the one that keeps being mentioned.
Mr. Feuling: Can I answer those accusations?
Chair King: No, sir. Please do not. Do not. Commissioner, there's an item that we are
going to address, and I believe that you can bring all of your concerns and issues.
Vice Chair Carollo: Yeah, but -- but what is happening, too, is that by the time that
this goes along -- for instance, let me tell you what's going on here. This guy, with
Commissioner Pardo, and a handful of them, they've been conspiring. I have the proof
right here. They have these Zoom meetings where they talk how they're going to plan
to get a group to try to see how they can intimidate and manipulate the rest of us in
stuff like this.
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Chair King: The only thing --1 do want to hear your concerns. I want to hear all of
our comments. l just would like to get through the public comment portion of our
meeting without all of us responding to --
Vice Chair Carollo: Okay, that's fine --
Chair King: -- and there are going to be people that --
Vice Chair Carollo: Then Chair, then you need to control the personal attacks more
so we don't have to respond. 1 could bring here hundreds ofpeople, if need be, to
attack him over there with the sly smile that he has, not just a handful of people. I
don't do that. I do not do that. Now, you decide, do you want me to start bringing in
people here the same way he gets a handful? 1 won't get a handful, I'll get hundreds of
people in here. Or do you want to control the meetings, like the County does, like we
used to do here, where elected officials are not attacked. If want to open it up so
we can be attacked falsely, then let us respond at the time that we are attacked.
Chair King: I heard you.
Vice Chair Carollo: Thank you.
Chair King: Ma'am, good morning.
Commissioner Pardo: 1'll reserve the comments.
Mileyka Burgos -Flores: Good morning, everyone. l first want to thank our
Commissioner Gabela for being our champion. Dear City of Miami Commissioners, I
stand before you today, and this is very personal to me, to ask you to support
Allapattah. When I arrived in Miami in 1998, I knew the community was a jewel. A
few decades later, many are seeing what 1 have seen, a family -knit immigrant
community with lots of commerce and untapped cultural appeal and a burning
entrepreneurial spirit to contribute to the tapestry of this country by achieving their
American dream. Allapattah has been overlooked and disinvested for far too long.
The community is in dire need of infrastructure improvements, public gathering
spaces, community amenities. Our little Santo Domingo commercial corridor, as well
as other commercial corridors, can benefit from improved internet connectivity, wider
sidewalks, traffic calming measures, green canopy, bio-swales. None of that can
happen without a deep investment that a CRA can bring. Allapattah is home to the
health district, an amazing opportunity for continued growth and to mitigate the
perpetuating issues of those experiencing homelessness. Allapattah is one of the few
areas in the city of Miami that has residential, commercial, and industrial zoning, all
which contributes to the tax base of the city. Allapattah deserves to see their tax base
contribution in the improvement of the built environment and the prosperity of their
residents and small businesses. Our community deserves planned growth that includes
anti -displacement measures that keep those who have built Allapattah in Allapattah.
Allapattah has many senior buildings that need a lot more than just food and shelter.
They need a walkable community that is safe and mitigates the effects of climate
change, such as flooding and the heat island effect. Our youth need programming and
facilities to meet the challenges of their generation and the next workforce. We ask
you to support Allapattah. Please improve the funding of necessities to include
Allapattah Community Master Plan with specific projects, ensuring it all is informed -
Chair King: Thank you.
Ms. Burgos -Flores: -- as an intense community engagement process.
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Chair King: Thank you.
Ms. Burgos -Flores: Thank you.
Chair King: Thank you.
Todd B. Hannon (City Clerk): Sorry, Chair. Ma'am
Chair King: Ma'am? Ma'am, I'm sorry, could you give our -- give your name for the
record?
Ms. Burgos -Flores: Mileyka Burgos -Flores. 1 am the CEO (Chief Executive Officer)
of the Allapattah Collaborative CDC (Community Development Corporation), 1951
Northwest 7th Avenue.
Chair King: Thank you. Good morning.
Claudia Roussel -Leonhard: Good morning. My name is Claudia --
Chair King: You can pull the mic down. You don't have to --
Ms. Roussel -Leonhard: There we go. My name is Claudia Roussel, 10 Museum Park.
I'm a board member. Dear Commissioners, I'm here once more to present to you a
petition titled Remove Joe Carollo from the Bayfront Park Management Trust. " The
petition results was given to you the first time on June 18th of this year. Let me give
you some stats. Altogether, 1,078 signatures. True Miami residents, 679, which means
65 percent, and the rest were non -Miami, but I saw a lot of addresses, Key Biscayne,
Hialeah, which we call neighbors, basically. Please consider those 679 Miami
residents when considering FR.2. How much longer will Maurice Ferre Park and
Bayfront Park will be held hostage to one commissioner and his feckless and
powerless board. This situation truly falls under the known expression, only in Miami.
Be assured, nothing to be proud of when you hear this. I urge Commissioners Reyes,
Pardo, King, and Gabela to attend only one time a trust meeting Joe Carollo chairs,
and you will understand why the downtown residents are so upset. It's high time to
remove Joe Carollo and take the many millions of dollars he spends without any
oversight out of his hands and into the hands of all five commissioners and to
dedicated residents of District 2. Thank you.
Chair King: Thank you. Good morning.
Ruth Jauregui: Good morning. Good morning, my name is Ruth Jauregui, speaking in
favor of Resolution 16508. Dear Commissioners and neighbors of city of Miami, have
you ever seen someone cry because you gave them food? And I don't mean in a third -
world country, I mean here in Miami. I have, and us in navy and red also have. When
I was just one year old, my Cuban grandfather and parents started a food distribution
program on the church property where we lived, located in Allapattah. Abuelo taught
me that we are all the same, created by God, and deserve decent housing and three
healthy meals a day. He also taught me, (FOREIGN LANGUAGE), translation, if you
don't live to serve, you serve no purpose in living. Week after week for 29 years, we
have served Miami's most vulnerable without discriminating their nationality,
religion, sexual orientation, economic, social, or immigration status. What began
feeding only a few dozen now feeds 1,000 -- around 1,200 low-income families every
week. Many that originally came for food now volunteer and have helped build this
city's largest free food distribution agency. The problem? We have coaxed out. We
don't have space or condition on our humble property. Rain or shine, everything is
prepared and left outside, with much, food wasted due to the lack of proper
refrigeration and storage. I don't ask Ibr money, for, food, or volunteers. We're
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honored to do the hard work and make thousands of boxes every week. Today, 1 ask
you to make one box. One box with four walls and a roof that has been abandoned for
44 years. With your support, this abandoned property can benefit all five Miami
districts. The community will forever thank you.
Chair King: Thank you. Good morning.
Jezabel Lima: Good morning, Chairwoman King and Commissioners. My name is
Jezabel Lima, address 100 Southeast 2nd Street, 36th f loor. I'm here on behalf of my
client, 651st LLC (Limited Liability Company), and this matter has to do with a
mitigation of a lien. This is for item 16390.
Chair King: Ma'am, you will have an opportunity to speak when that item comes up.
Ms. Lima: Okay, wonderful.
Chair King: Thank you.
Ms. Lima: I was advised I had to speak during this --
Chair King: No, when the item comes up, we'll hear from you.
Ms. Lima: Okay, thank you so much. 1 appreciate your time.
Chair King: Thank you. Good morning.
Ijamyn Gray: Hey, great rising kings and queens. My name is Brother Ijamyn Gray.
I'm the CEO (Chief Executive Officer) of Encouraging Dreamers, Breaking Barriers.
It's a second chance youth escape program. So, I'm here representing all the troubled
youth. Also, I'm also wanting to he here to speak on RE.12, the extension of the Omni
CRA. I want to thank the Omni CRA for getting behind the Encouraging Dreamers,
Breaking Barriers. It's been an honor. I know we've came up here numerous times,
and we asked the Commission and the City Manager. We got the Mayor behind us,
supporting us, but we would love for the City Commission as a whole to get behind
the Encouraging Dreamers, Breaking Barriers. It's a win -win situation for both of us
where we will help to empower our youth, paying them $15 an hour to wash cars, and
the win for the City is we get to get you up to your procurement goals. I know no one
has been detailing your cars, and all we want is an opportunity to continue to
empower our kids, not by begging, not by crying, but being creative, creating
opportunities. Also in the Omni CRA, we have been able to empower some kids at the
Chapman Partnership, and we just look to continue to expand ourselves and continue
to act that we get the City of Miami to get behind us. You can also piggyback off our
contract that we have with the Miami -Dade County fleet vehicle. So, with that being
said, we thank each and every one of you guys, and we look fonvard to partnering
and working with the City of Miami. Thank you very much.
Chair King: Thank you. Good morning.
Amanda De Seta: Good morning, Chairman King. My name is Amanda De Seta.
Good morning, Commissioners. My address is 68 Southeast 6th Street, Apartment
3303, Miami, Florida, 33131. I am here today to ask for your unanimous support for
DFI (Development Finance Initiative) Mundy Affordable Housing, which will deliver
8 three -bedroom, two -bathroom units to the west end of Coconut Grove for families to
have a better life. The project contemplates an 80 percent blended AMI. Interestingly,
on 3173 Mundy Street, there is a coral rock house. Rather than tear down a 1926
coral rock house, the project contemplates adaptively reusing the coral rock house as
a lobby for the four units which will be built behind it and will match the roof line. I'm
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excited to be able to deliver a project like this that can prove that historic assets can
be repurposed for affordable housing. On 3121 Mundy, which is a vacant lot, we will
match the same architecture so that we are preserving the character of the West
Grove while also delivering affordable housing. I do hope and urge you for your
unanimous support. Thank you.
Chair King: Thank you. Good morning.
Kenneth Gordon: Good morning, Madam Chair, Honorable Commissioners. My
name is Kenneth Gordon. 1 reside in Venetian Drive in the city of Miami. I'm going to
be short and sweet and cut my remarks way down. Omni CRA. 1've been a resident of
Downtown Miami for over 30 years. I have seen firsthand the changes in Omni and
the surrounding area. Biscayne Boulevard was something you would never even
travel on after dark. Now, it is thriving with restaurants. Edgewater is incredible.
Thirty five, forty new high rises along the waterfront between 36th Street and Omni
itself What a change. If it ain't broke, don't fix it. Pensions, regarding City
Commissioner pensions. You know, we honored a lot offire people and police this
morning, and they've done a great job. Unfortunately, I've had to use the services of
both police and fire rescue in this town. They do a phenomenal job. The millions of
dollars that this pension fund will draw from the City of Miami could better be spent
with police and fire rather than on yourselves, unfortunately. if we can put a gym to a
city vote, maybe we should do this with the pensions. And speaking of gym equipment,
we firmly support the Bayfront Park Trust and I (UNINTELLIGIBLE) do represent
Venetian Way Neighborhood Alliance. We firmly support, and 1 stressed, this is a
community park, not a regional park. Thank you.
Chair King: Thank you. Good morning.
Will Datelma: Good morning, commissioners. Thank you so much for allowing me to
be here. I'm here to speak in favor of the Omni CRA extension. I had the privilege of
working with the Omni CRA in the past, and as an entrepreneur and a business owner
in the local Miami Omni district, I cannot tell you how much of a bridge of support
they have been, not only around affordable housing, around the support of the
business owners that's in the area. Honestly, I don't even think it's a question around
the extension of the Omni CRA. They have been a huge support for local business
owners in the area, including myself. As a gentleman who has had experience in
finance and wealth management, I've had a lustrious [sic] career in all of those areas.
And as a business owner, the support has been great. So, I just want to say thank you
to the Omni CRA. And just overall, I hope you all can see the support that they have
done in the city and hopefully extend it. Thank you.
Chair King: Thank you.
Mr. Hannon: Chair? Sir, if I could just have your name for the record.
Mr. Datelma: Will Datelma. Thank you.
Chair King: Good morning.
Adrian Fuentes: Good morning. My name is Adrian Fuentes, and I am here to speak
on favor of the expansion of the CRA, Resolution Number 16168. I believe that it is
essential for our community's growth and success. Our small businesses and
entrepreneurs are facing significant challenges without the support they need. They
struggle to secure funding and keep their businesses running, and launch new
ventures due to a lack of resources and mentorship. This only forces them to give up
and leave their area entirely. Expanding the CRA is not just about adding
recreational facilities. It is about creating targeted programs that directly support
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small businesses and entrepreneurs for our Allapattah. These programs could offer
financial assistance, guidance, and network opportunities that are essential for their
growth. By investing in this expansion, we are investing in our people and in their
local economy. We will be fostering innovation and ensuring that our community has
the resources it needs to thrive. Let's seize the opportunity to revitalize Allapattah,
support our local dreamers, and build a stronger and more vibrant community where
every business has the chance to succeed. Thank you.
Chair King: Thank you. Good morning.
Andre Preciado: Good morning, Madam Chairwoman, Commissioners. My name is
Andres Preciado, and I live in 2197 Northwest 18 Terrace, Miami, Florida, 33125. I
reside there with my wife and three children. It's in the Allapattah area. I am the
treasurer of Miami Bethany Community Services. 1 come before you to ask you for
your vote in favor to Resolution 16508. From my position as a responsible for
organization budgets, I testify that we do not receive help from any federal, state,
county, or municipal agent to carry out our community mission. We are a grassroots
organization. The volunteers that you are meeting today are incredible. The devotion
which they serve low-income families throughout Miami is worthy of recognition by
authorities. But they enjoy -- but they enjoy being anonymous agents of positive
change in our residents. They not only donate their time, but also their money.
Everything we invest in our neighbors, we pay for ourselves. However, we are not
here to ask for financial or human resources. What we need is a large place to grow
and serve more families.1 want to express my gratitude to Commissioner Miguel
Angel Gabela for his initiative and to all of you for being part of this solution. Thank
you very much.
Chair King: Thank you. Good morning.
Kathleen Camilo: Good morning. My name is Kathleen Camilo, and I strongly
support the expansion of the CRA, Resolution 16168. I am deeply worried about the
residents of Allapattah because in case you haven't noticed, our streets and
neighborhoods are in terrible condition. It's taking a toll on our daily lives. The
crumbling sidewalks and neglected public spaces make us feel like our community is
being overlooked. Expanding the CRA into Allapattah will be a much -needed boost
for us as residents, as also for you as the face of our city. It's not just about adding
new facilities, it's about showing the rest of the nations that we matter and -- that we
matter and that we have a better place to live, a place where we feel valued and
supported. Let's take this important step to improve our neighborhood and boost our
community's morale. Thank you very much.
Chair King: Thank you. Good morning.
Eduardo Navarro: Good morning. My name is Eduardo Navarro, and I am very
honored to serve and volunteer for Miami Bethany Community Services. Today I will
speak in favor of Resolution 16508. I have been a resident of Allapattah since I was a
child. I have experienced firsthand the shortcoming of a low-income, immigrant
family, where if the rent is paid, there is no money to buy food. Since I met Miami
Bethany, I have found food, work, a wife, and above all, hope. Now I want to share
this hope with my neighbors, and I am willing to spend long hours of my weekend
under the sun and rain in very precarious conditions. I think it is worth it. Thousands
of boxes of food have passed through my hands and before my eyes. I have seen
people from all over Miami both crying and laughing. It is gratifying to be part of the
solution and not the problem. But at the same time, it is a shame that the city of Miami
has abandoned property for so many years when we, who are distributing free food,
do not have a decent place to store and prepare it. Please, on behalf of Miami's low -
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income families, I ask for your support. Vote for resolution 16508. Together, we can
make a change in the community. Thank you.
Chair King: Thank you. Good morning.
Francisco Soriano: Good morning. My name is Francisco Soriano and I'm here from
District 1. And I want to congratulate our new commissioner, Mr. Gabela, that he has
tried to improve for getting life better in the District 1. Now, we still have the place
getting flooded and teenagers that don't have a place to stay, homeless people, which
seems to me that every district from the Dade County has been dumped over the
Allapattah area, which is very bad for us. We need your attention, and we need you to
help us to improve. We get together and make life better in Allapattah. Thank you very
much.
Chair King: Thank you.
Mr. Soriano: And God bless you all.
Chair King: Thank you. Good morning.
Emily Aldana: Good morning. My name is Emily Aldana, and 1 have come to ask for
your vote in favor of Resolution 16508. I am a dreamer, a nurse, a wife, and a mother.
I also have the honor of being the secretary of Miami Bethany Community Services,
which interviews the food program beneficiaries every week and listens to their
families' moving stories. Our database has recorded more than 7,500 households. We
serve regularly from the end of the pandemic to today. 89 percent of them live below
the poverty level, and more than 50 percent of them do not receive any government
help for different reasons. The housing crisis is the most worrying factor, and
inflation in the cost offood makes it even more complicated. On the other hand, the
food supply we deliver to them each week ranges about $120 to $150, which helps
cover the income deficit. I am honored to inform you that we are an oasis in the
desert, but saddened to recognize that our workplace is very limited. We have plenty
offood, and our volunteers are growing every day. With the property we're asking for,
we could potentially serve 5,000 families in the first week alone. Instead -- that's a
significant increase from the current capacity of 1,200. Please consider our
organization the best resource in this great city to alleviate the food shortages in
regular times and in emergencies such as hurricanes or pandemics. We need that
property to be the community arm that the five districts of this city can count on. I am
deeply grateful for your consideration. Thank you so much.
Chair King: Thank you. Good morning.
Matthew Kuscher: Good morning. Matthew Kuscher, 2003 North Miami Avenue. I
just want to talk on behalf of Omni CRA. It's an amazing organization that's helped in
so many ways. I've seen it firsthand just in creating affordable housing, cleaning up
the neighborhood, being with the residents, and fixing up dilapidated buildings in the
community. And without its support, small businesses like myself would not be able to
create the jobs for, in my situation, hospitality workers and housing jbr them. Without
the support, I would have to demolish a building that I'm proud to say is now set to
have affordable housing going there for restaurant workers and basically rehab the
dilapidated building. I'm very, very thankful for the Omni CRA. 'Ally support their
extension, and I thank you, everybody here, for being and doing great jobs in the
community and the city. So, thank you.
Chair King: Thank you. Good morning.
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Celina Che: Good morning. My name is Celina Che, and I want to speak in favor of
the extension of the CRA for Allapattah, Resolution 16168. Although 1 don't live in
Allapattah myself my mother lived there for many years, which gave me at firsthand
look at the challenges faced by many hardworking people. I see small businesses'
owners struggling to keep their family businesses afloat due to the lack of support in
the city. Likewise, many entrepreneurs have tried to start ventures in our
neighborhood but haven't found the necessary backing to make their dreams a reality.
Today we have a chance to address these issues by approving the expansion of the
CRA. Instead of pushing away current and future entrepreneurs, we can show them
that we are ready to offer support and create opportunities to success in Allapattah.
Thank you.
Chair King: Thank you. Good morning.
Elaine Black: Good morning. My name is Elaine Blackfrom the Liberty City Trust,
and on behalf of our board members that are here today, we would like to thank you
for Resolution Number 8, approving dollars for our youth program that ended in
August of 2024. And this is our budget that closes out for September 2024. So, thank
you. We look forward to continuing to work with us. It makes a tremendous difference
in the quality of life of our residents and especially our young people. Thank you.
Chair King: Thank you. Good morning.
Milagros Bent: Good morning. My name is Milagros Bent, and as a resident of
Allapattah. I'm deeply passionate about supporting the expansion of the CRA,
Resolution Number 16168. The skyrocketing rental prices, the severe lack of
affordable housing have placed a heavy burden on many of us. Every day we deal
with the stress of making ends meet, and please don't forget that the great majority of
us are living paycheck to paycheck. Approving the CRA's expansion is more than just
adding another facility. It's about giving us the low and middle class of this
neighborhood a much needed refuge. With affordable housing becoming harder to
find, we need spaces where we can loosen up and connect without added pressure.
The expansion approval of the CRA would become a symbol of hope that shows we
are valued and supported by you, our representatives. During this tough time, this is
an investment in the happiness, unity, and the future of the Allapattah community.
Thank you.
Chair King: Thank you. Good morning.
Ellis Statone: Good morning. Good morning. How are you guys doing? My name is
Ellis Statone. I'm the president of Grovites for Life. And first of all, I want to thank
Commissioner Damian Pardo, for coming to our function last Friday and speaking.
Thank you so much, sir. I am here in support of RE.12 for the extension of the life of
the Omni CRA. My support is directly tied to the original Omni CRA expansion area
requested by West Grove. In District 2, under Commissioner Damian Pardo, after
being told in 2019 that an expansion of the boundaries of the Omni CRA was not
feasible, we pursued the creation of a new West Grove Community Redevelopment
Agency, CRA, according to the Miami Commission Resolution R-20-0131. The City
Commission voted unanimously to approve the creation of a new CRA within the West
Grove, April 2020. That was never finalized once submitted to the County. Now that
the expansion discussions are in play again for the area that would benefit from the
expansion, as well as the extension of the life of the Omni CRA, I respectfully request
that West Grove be placed back into the discussion for reconsideration. Priority
projects continue to be reviving the life of the once vibrant community as called West
Grove or Little Bahamas. Now, small business opportunities, job creation,
rehabilitation throughout the area, specifically on Grand Avenue and Douglas Road,
the new -- just tearing down the old Tiki Club and redeveloping that area. We want to
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see that continue, add jobs to the community, and bring more development and jobs to
our area. Thank you, Damian, and thank you for the commissioners. I appreciate your
help and support. Thank you.
Chair King: Thank you. Good morning.
Lynet Sanchez: Good morning. My name is Lynet Sanchez. I want to emphasize how
crucial it is to expand the CRA in Allapattah, Resolution Number 16168. Our city's
severe homelessness problem not only harms those affected, but also makes us look
bad compared to other cities. It can even make our city officials seem uncaring,
though I know that's not true. The reality is that seeing so many people struggling
without homes reflect poorly on us and shows that we need to do more. Expanding the
CRA is a good start, but we also need to create and fund programs to help the
homeless. While some agencies are already providing assistance, it's not enough. We
need more than just shelter and essential services. We need funding to help people get
back on their feet. This is about more than just building facilities. It's about showing
we care, taking real action, and making Allapattah a place where everyone has a
chance to see. Let's come together to address this crisis, improve our community, and
make our city proud. Thank you.
Chair King: Thank you. Good morning.
Eileen Silo: Good morning. My name is Eileen Silo. Good morning, Commissioners.
Good morning, Chairwoman.1 am a longtime stakeholder of Allapattah, a real estate
broker, and also the founder of Neighbors of Melrose Park Neighborhood
Association. 1'rn here advocating for the expansion of the Omni CRA to include
Allapattah's vibrant neighborhood, which my family has called have called home for
17 years. During those 17 years, I realized the increased necessity for community
resources to improve the image and the safety of our neighborhood. Our parks needed
major attention, which is the main reason why I founded Neighbors of Melrose Park.
In the end, we finally got a new park, which included a walking path, and today the
park is enjoyed by everyone in the community. Allapattah is next in line to shine, to
have a downtown, to maybe reconstruct Northwest 20th Street. That area is pretty
dead after 6 p.m. There's no reason why we shouldn't have the same amenities and the
same services available to us that the rest of the cities have. We need big box retail.
We need to have a Castco or a BJ's where families that need to buy things in bulk
don't have to depend on small shops which really don't serve the community. We
finally did receive, after many, many years a Publix in the River Landing Community
Center and this has been a huge gamechanger for everyone. We're a beautiful river
community and I believe by expanding the funds of the Omni CRA, this will help to
provide to our community the additional resources that are desperately needed. I'd
like to thank Commissioner Gabela for his boots on the ground and for the noticeable
sweat equity that he is putting into our community. It has not gone unnoticed. And on
behalf of all of us, thank you very much for everything that you're doing. We -- I
believe the Omni CRA receiving enough funding to be shared with Allapattah, it just
has to be managed properly. And I honestly believe that Commissioner Gabela would
be the right person to manage that properly. Thank you very much.
Chair King: Good morning.
Reynold Martin: Good morning, Commissioners Pardo, Gabela, King, Carollo, and
Reyes. My name is Reynold Martin. I'm with Grove Rights and Community Equity. I'm
here to address the discussion on the expansion of Omni Community Redevelopment
Agency into the Allapattah neighborhood situated in Commissioner Gabela's District.
A few years ago, cries were heard from the citizens and business owners of Coconut
Grove's Village West community to establish a CRA in order to revitalize and
redevelop the residential economic infrastructure in the decaying neighborhood. The
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Omni CRA was expanded by a vote from the Commission to address this concern.
However, little was done on that front, and valuable time was lost in the process.
Then plans were in the works for the creation of a stand-alone West Grove CRA under
the tutelage of then Commissioner Ken Russell, in which a resolution for its creation
was resoundingly approved by this Commission. What was to follow was a ratifying
vote by the Miami -Dade Board of County Commission, and that is where the project
has stalled. The question is, iffunding is available for Allapattah to create its own
CRA, and while Allapattah abuts another district with a thriving CRA that could be
receptive to an expansion effort, why would the Omni CRA spend time and resources
on this proposal while the needs of West Coconut Grove, which is in the Omni CRA's
district, are still unmet? Let me be clear in stating that the motive is not to deny
Allapattah of any opportunity of much needed improvement, but for the City to
address these old communities that need its help to provide the support to those
communities in all forms possible necessary for their sustainability and survival.
Thank you.
Chair King: Thank you.
Raquel Varas: Good morning. My name is Raquel Varas, and I also support
Resolution 16508. As someone who was born and raised in Allapattah, I've seen the
real and the raw of our community. And I've also seen the least privileged give the
absolute most. The biggest example of hard-working generosity in my life and also in
our community was my abuelo. As my sisters have mentioned, for the first 20 years of
my life and up to his last day, I witnessed him prepare food boxes to give to everyone
who came our way. Handicapped and drenched in sweat, but he always had a smile
on his face. He started all of this with no warehouse, no truck, no walk-in coolers, and
just three volunteers with tiny helping hands. But he always found something to share
with the neediest people in our community every single week. Over the years, my two
sisters, my parents, and I, along with a growing group of volunteers, helped abuelo
load tons of trucks to send to other churches and community centers because we had
too much food and didn't want it to go to waste. Today, his legacy lives on through
those same people he once served. I've been so blessed to witness thousands of low-
income families come empty-handed and leave with their arms full of quality food.
We've never asked anyone whether or not they're from our district. If they show up,
they receive food. I know that with a larger and more equipped property like the food
bank, Miami Bethany Community Services could exceed its goal of serving 5,000 low-
income families from across the city of Miami year-round. I would truly be -- it would
truly be our lifelong dream come true. And all glory be to God. Thank you so much.
Chair King: Thank you. One second, I need to make an announcement. When you are
addressing the Commission, please address the Commission and not any of us
individually. Do not make disparaging comments about any one of us individually. If
you do, I will have you removed. You may make your comments to the Commission as
a whole. And this addresses the comments that were made earlier. I have spoken to
my, counterpart in the County Commission, and I see someone in line who has
attacked two commissioners on this dais, so I'm just trying to avoid that. If you make
disparaging comments about any one of us, I will have you removed from chambers.
You may address us, the Commission, in totality, but please keep your comments to
the Commission. Good morning, ma'am.
Nicole Desiderio: Good morning. Nicole Desiderio, 900 Biscayne Bay. I'm speaking
on PZ.1 and PZ.2 regarding the outdoor gym at Ferre Park. You are elected officials.
We voted you into these positions to make the majority of decisions for us, and that is
because you are more informed than the average citizen. You heard all the details of
this appeal in full. You heard how there was no public input. You heard how the
permitting was not done correctly. You agreed that no commissioner should be able to
go and just pour concrete in a park wherever they want. A certain commissioner said
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they could have a hundred people come down here, but no one came down here to
speak to keep that gym in place. You would be undermining your power as a
commissioner that makes informed decisions for us if you change your votes on the
outdoor gym at Ferre Park. Regarding FR.2 and DI.3, I support Commissioner
Pardo's item to restructure the Bayfront Park Management Trust. I've been to these
trust meetings, and quite frankly, it's a joke. There is no discussion on any item, and
anything that the chairman suggests for the park always passes, as with the current
structure of this trust, he will always have five out of the nine votes needed. He refuses
to use the Park's specific master plan that was created by professional park planners
that our tax dollars paid for. Commissioner Pardo's restructuring makes what goes on
at the trust more fair across the board with everyone being represented. If you do not
support the restructuring of the trust, then I ask that you support Commissioner
Gabela's item to remove the current chair from the Bayfront Park Management Trust.
And 1 just want to say also that regarding some allegations made earlier about some
of us coming down here to speak on these items, I've been coming here since
November of last year before I even knew who Commissioner Pardo was. I've been
emailing the Bayfront Park Management Trust with my concerns about the park since
2021. I did not know any of these other public commenters prior to coming down
here, and my opinions are my own and have not been affected by anyone else. Thank
you.
Chair King: Thank you.
Commissioner Gabela: Can I just straighten the record? 1 am not the -- the maker of
what she just stated.
Chair King: Okay, thank you.
Commissioner Gabela: I just want to clear that.
Chair King: Thank you.
Commissioner Gabela: I mean, I know who she is, but there is no item. I don't know
what's she's talking about.
Chair King: Good morning.
Jonathan Newberg: Good morning, Commissioners. My name is Jonathan Newberg.
I'm here on behalf of Crescent Heights, and I'm in support of RE.12, which is, as you
know, the CRA extension. As a large landowner in the area, the extension is critical to
support our ability to redevelop our land, to actually develop the land, which is
currently used for surface parking. As everybody knows and as you've seen in the
articles, you know, across the media, the city of Miami needs additional supply of
housing. There is no argument about that. Pricing is high because supply is
constrained. We know that that is a fact. The CRA will jumpstart the redevelopment of
these areas, which is what is needed. And I can just give you one example of a deal
that didn't transpire. A deal was signed with the School Board, the land just west of
the Arsht Center. We had a deal signed up, the CRA was supposed to be extended.
This is a few years ago, where we would have had to build this building. We would
have built the School Board brand new, 100,000 square foot offices, almost 2,000
parking spaces. And because of the inability to extend the CRA, deals like that aren't
happening. And so, I think the point here is I can't stress enough that a delay here is
not helpful if we want to redevelop the area. We need to pass the extension, because
the extension will activate these types of large projects, these infrastructure projects.
Not only does it provide parking. for the Arsht Center, brand new School Board
offices, additional housing, you activate the entire block. So, you activate the
commercial space, you have restaurants, commercial space, and this all ties in with
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the Underline, so this sits right north of where this large park is going to be. And so,
it's projects like this that hinge on the CRA extension.
Chair King: Thank you.
Mr. Newberg: So, with that being said, thank you so much and have a nice day.
Chair King: Thank you. Good morning.
Miriam Urra: Good morning, Commissioners. My name is Miriam Urra. I work in the
Allapattah area and I also am a resident in the community for many, many, many
years. Pm here today to support the expansion of the Omni CRA into our community
because practically for many years we are in need of housing for the low-income
families in the area. We have a lot of elderly population there. They are practically
very low-income people that cannot meet their needs because of the situation that we
have with the economic crisis that we are facing now. And I ask this commission to
support this issue because we practically are in a situation where our citizens, our
residents in there, in that area cannot survive any longer if we don't create affordable
housing for them. They cannot pay their rent. Their rents are being increased because
the crisis that we have right now. We need your support, all the support of this
commission, so we can help these elderly residents. And when 1 say elderly, it's
because we have a program that practically, you know, provides meals and support
for them, and they're calling and corning into the center asking for help because
they're cutting their electricity, because they don't have enough money to eat, that
they cannot pay their rent. So, we -- you know, we are very concerned.
Chair King: Thank you.
Ms. Urra: We are very concerned with what's going on and what's going to happen in
the near future.
Chair King: Thank you.
Ms. Urra: We're going to have --
Chair King: Thank you.
Ms. Urra: Can you give me a second more?
Chair King: Thank you.
Ms. Urra: Well, thank you very much.
Chair King: Thank you so much.
Ms. Urra: Thank you.
Paul Malavenda: Good morning, Commissioner.
Chair King: Good morning.
Mr. Malavenda: My name is Dr. Paul Malavenda. My address is 2490 Northwest 35th
Street. I'm in -- I speak on behalf of 16508. We've been a silent partner for the City of
Miami since more -- many years, since 1987. We've been helping the needy and the
homeless in the city of Miami, including the area of Allapattah, myself with free
chiropractic care and free lbod. Today I work with Miami Bethany Community
Services, and it's hard to say if things are any better or if they're going to get any
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better. One thing for sure, 1 would say that the hunger, the homelessness, and the
crime has multiplied. Miami Bethany Community Services is feeding approximately
1,200 families a week. We have the ability to feed more families, but we're lacking a
physical building that provides the condition to do that. So, we, as a silent partner,
we're asking the City to help us because we would like to expand what we're doing.
We don't charge, we don't burden the City. And I come in front of you, as many have
today, asking you to approve 16508, which is a donation of this abandoned property
for, I believe, 44 years, to Miami Bethany Community Services, which is ready to step
up its ability to not just feed, but house and do a lot of community services that are
needed, not just in the city of Miami, but in this area ofAllapattah. I know that today,
whatever your decision is, we will continue to do that. But I know that today you will
approve it. Thank you very much.
Chair King: Thank you. Good morning.
James Torres: Good morning, Commissioners. My name is James Torres, as
president of the Downtown Neighbors Alliance. I'm here to set the record straight as
it relates to the Marie Ferre Park situation. We're not going to stand here and point
fingers as it relates to what commissioner was absent when votes happened and things
of that nature. The important thing is here, you must be present. If not going to
be present after we voted you in --
Chair King: Sir? Sir.
Mr. Torres: I'm clearing this up.
Chair King: I have already given a warning.
Mr. Torres: Okay, so I'm going to redirect. I'll redirect. The issue here is you must be
present because we would not be in this situation if there was a full body here today.
And who's being the victims here, is the downtown community, because we're being
used as pawns. It's time for this commission to do the right thing and put the record
straight on this gym equipment. It's beyond us that we're back here revisiting the same
thing again because you have two commissioners that can't seem to figure it out. And
who pays the price as pawns? The commissioners -- we do, the community. And that's
not fair, Commission Woman [sic]. So, at the end of the day, we're asking you very
clearly, please do your job, be present, help us out. You want to schedule vacation, go
sometime when you're able to.
Chair King: Sir. Sir.
Mr. Torres: Because we would not be -- again, I'm. redirecting. I apologize. So, at the
end of the day. let's not rewrite history on this. Let's do the right thing for the
community. And the thing is, let's figure this out. Do the right thing on these votes. To
finish that, I also will stand here and tell you that I express my full support for the
expansion of the Omni CRA because it's warranted, and it's needed to make a better
community not just for certain parts of the city. This is a community issue, a city issue,
because I don't want to be looked at as a laughingstock on the poor pieces that we
have in our entire city because we have a clear objective in this. Our tax dollars are
paying for this, and we need to do better. Thank you.
Chair King: Thank you. Good morning.
Carolyn Donaldson: Good morning. Carolyn Donaldson, 3680 Thomas Avenue, and
an advocate, all things Coconut Grove. I'm here today in support of the life expansion
of the Omni CRA. The reason that I'mhere is on behalf of Coconut Grove. We were
one of those original areas slated and requesting an extension of the boundaries to
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include Coconut Grove. One of the reasons that we were told was that the life
extension on the CRA was too short. So therefore, we were advised to create a Grove
CRA. Now, this commission did approve a Grove CRA, and somewhere along the
lines when it was submitted to the County, we don't even know if it was disallowed
because we received no feedback on the status of it. And so, while I see a suggestion
has been made to Allapattah, we've been down that road and did not hear anything
back from the County. So, I don't know if there's another avenue or the fact that the
expansion of the date will allow us to apply and be considered just at the City level,
that would be something I would be requesting. But I'm here to ask on behalf of the
Coconut Grove community and any community with an opportunity to take advantage
offending that has been done via a CRA that will benefit all of our communities. All
of us have housing issues. All of us have homelessness issues. That's my signal. Good
day and thank you for hearing me.
Chair King: Thank you. Thank you for your advocacy.
Ms. Donaldson: Okay.
Chair King: Good morning.
Avra Jain: Good morning. Avra Jain, 720 Northeast 69th Street, Miami. I'm here to
support the extension of life for the Omni CRA. Extension of life, just those words
alone, 1 think, say a lot. 1 have worked with this commission and with Omni CRA on
affordable housing in Omni, successfully. There's more work to be done there. 1 think
that the Grove, 1 think Allapattah, I think the issues on housing and homelessness and
food is an issue for many communities. I've seen these commissioners individually do
a lot for their own residents and I commend everybody for this initiative, but I think
you all as a community, with everybody here, there's another path and I do think it is
their own CRA, and if there's an opportunity for an expansion, let that be addressed in
a different way. Thank you.
Chair King: Thank you. Good morning.
Alexander Reaves: Hey, good morning. My name is Alexander Reaves, and I'm here
for RE.12. Address is 1320 South Dixie Highway. And so, I'm a student -- a current
student at the University of Miami, and I studied real estate development and
urbanism. And over the past year, I've really been able to live, to work, and to really
be able to study a lot of these communities around, specifically Allapattah and
Overtown and also for Wynwood. And so, a lot of the research I've done is really
trying to figure out fbr these different programs for urban regeneration, how to
enhance this synergy between economic vitality and neighborhood identity. So how do
we really kind of figure out what are some of these tools we can use like the CRA in
order to help increase the quality of life, right? And so, the increase in this quality of
life to me is really that of trying to figure out how do we increase that walkability
increase the -- the climate cooling of these neighborhoods and really trying to
preserve the in place community that's already there. So, how are we doing that while
also figuring out the -- increasing the value per acre so that folks are being able to
see their property's value grow, while also being able to see this tourist revenue grow,
as Miami has done jor many years to come. So, I'm really here to urge and to push
that this CRA really comes to fruition for that of the Allapattah area, because I think
that a lot of these funds, based on research that I've done, and based on my, studies at
the university, could really be utilized in this area for some good. So, thank you for
the time and looking forward to it.
Chair King: Thank you. Good morning.
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Daivy Palmeiro: Good morning. My name is Daivy Palmeiro and I reside in 221
Northwest 32nd Street. And I'm here to speak in favor of Resolution 16508. 1 grew up
in the Allapattah neighborhood along with my single, handicapped father and my
younger brother. For a long time, my father brought food from Miami Bethany
Community Services to complete our basic basket each week. I want you to know that
it is a supply of meat, chicken, eggs, milk, cheese, vegetables, and cereals, enough to
feed a family, a small family for a week. Now I'm a part of the army of volunteers who
feed thousands of low-income families throughout the city ofMiami. It amazes me to
see how people come on foot, motorcycles, or several of them in the same vehicles, to
receive the food that our agency provides them. Rain or shine, they are there, waiting
as long as necessary to receive their portion. This shows me the great need that they
have. In my case, after improving my economic situation, I wouldn't spend so much
time for a box to be prepared for me, but they do. I'm convinced that it is worth the
effort, despite the limited conditions we have on our small property. Dear
Commissioners, I request that you vote to grant our organization permission to use
the property at 850 Northwest 23rd Street as a food bank to serve our residents who
need it the most. Thank you.
Chair King: Thank you. Good morning.
Marc Burton: Good morning. Madam Chairwoman, Mr. Vice Chairman,
Commissioners. My name is Marc Burton. I represent several individuals who are
engaged in a dispute over the gym equipment at the park presently, but I'm here to
speak on item PZ.1, and 1 guess to the extent it's related, item PZ.2. This Commission,
back in May, on May 23rd, held a quasi-judicial hearing in which it rejected an
appeal brought by the City and the Bayfront Park Management Trust from a decision
of the PZAB (Planning, Zoning and Appeals Board). And this Commission rejected
that appeal. At that moment, or 30 days later, when the time for appeal had lapsed,
that decision became final. It was a quasi-judicial decision not subject to reopening.
Florida case law, including the Florida Supreme Court Case of Mills against Laris
Painting Company, and several other decisions that we have cited in a letter that we
submitted to the City Attorney's Office earlier this week for distribution to the
Commission members, details these legal authorities showing that once the time for
appeal had lapsed, this Commission lost jurisdiction to reconsider its final quasi-
judicial ruling. I understand there may, be instances where it's different legislatively.
That's not the realm that this particular issue is in. And I would -- I would caution this
Commission against opening that door in abrogation of jurisdiction, because there's
no principled reason why it wouldn't equally apply to any other previous quasi-
judicial decision going back in time, potentially years. I also note that here the
applicant on the item before this commission is the Planning Department, which is the
-- of course, the department that issued the original warrant that was later reversed
by the PZAB and later affirmed by this body. There's no standing to do that anymore
than there would be standing for a judge of the circuit court to appeal the district
court of appeals reversal of that judge to the Florida Supreme Court. The Planning
Department is a body, in the quasi-judicial process.
Chair King: Thank you. Thank you.
Mr. Burton: Thank you. I would request permission to --
Chair King: Thank you. Thank you.
Mr. Burton: -- hand this to the City Attorney for distribution.
Chair King: To the City Clerk, please.
Mr. Burton: Excuse me, to the City Clerk. Thank you.
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Chair King: To the City Clerk. Thank you so much.
Mr. Burton: Thank you.
Chair King: Good morning.
Dionys Castro: Good morning, Commissioners. My name is Dionys Castro, and I live
in 1911 Northwest 51st Terrace. Dear Commissioners and City officials, since
arriving in this country, my mother, my sister, and 1 have gone through different
stages, from the most difficult to the most economic support that we enjoy today. In
times of true need, Miami Bethany Community Services was an effective resource to
stretch our limited budget. First, we received food every week, and now the three of us
volunteer time and energy to share with our neighbors what this agency did for us.
Regrettably, our agency is constrained by space and working conditions. Every week,
we are forced to discard entire pallets of good food because we lack the necessary
refrigeration space. Despite receiving a substantial amount of quality food, our ability
to distribute it is severely limited, which is a significant loss and a situation that
urgently needs to be addressed. I am aware that I'm addressing individuals who have
dedicated themselves to serving, and have sworn to ensure the well-being of everyone
in this city. I am confident that you will see the value in our proposal and grant us
permission to use an abandoned City property to establish a food bank for low-
income families. Thank you for your consideration.
Chair King: Thank you. Good morning.
Pedro Aquino: Good morning. My, name is Pedro Aquino. I'm here to speak in favor
of Resolution 16508. I'm a small business owner, a husband, a father, and I'm
honored to have grown up in Allapattah. In recent years, I have become the director
of Miami Bethany Community Service Food Distribution Program. I also serve on the
board of Feeding South Florida, an arm of Feeding America. Our program has been
recognized for its excellent and volunteer work and tremendously [sic] reach that it
has occurred. In our last year, we was awarded a refrigerated truck for the best
agency in Miami -Dade County. In December of 2019, President Donald Trump
recognized our agency at the White House for the leadership and social services.
During the pandemic, we distributed thousands of tons of food boxes. I still wonder
and amaze [sic] of the flow of trucks and vehicles each week in our limited space.
Today I thank God because we're prepared with the supply and the human resources
to serve our direct beneficiary, but not only, that, but the dozens of churches and
community agencies. But now there's a limitation that we face, is the -- the space. We
need a bigger facility to impact the community. Dear Commissioner I humbly stand
here before you today asking you for your support in the granting of the property at
850 Northwest 23rd Street as a platform to make everything available in our City.
Thank you.
Chair King: Thank you. Good morning.
Armani Alcantara: Good morning. My name is Armani Alcantara. Ilive in 1132
Northwest 33rd Street. I am here in representation of the youth. Thank you. Good
morning. My name is Armani Alcantara. I live on 1132 Northwest 33rd Street. I am
here in representation of the youth of Allapattah. I strongly support the expansion of
the CRA, Resolution Number 16168, because I believe it will make a significant
difference for me and other kids in Allapattah. Just to give you an idea of what 1 am in
favor right now of saving, finding a safe and suitable place to play basketball and stay
active near my home is a real challenge. The closest option to me is Curtis Park. It's
often crowded and doesn't always meet our needs. If the CRA expansion is approved,
it will create more dedicated, safe spaces for us to practice, have. fun, and simply be
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ourselves without the constant worry of our safety. This isn't just about playing a
game. It's about having a place where we can grow, build friendships, and truly feel
like we belong in our community, which is Allapattah. Thank you for your time.
Chair King: Thank you. Thank you for your advocacy. Good morning.
Steve Smith: Steve Smith, 900 Biscayne Boulevard. I am a party to agenda item PZ.1
and PZ.2, as the named appellant, and I object to the entire proceeding related to
PZ.1. It violates Commission rules, as the attorney has suggested, and substantially
violates my rights as an appellant and, more importantly, the prevailing party. Does a
rehearing mean we can revisit Melreese Park and the stadium deal? Anything that
came before this body? If this Commission ignores our lawsuit contest to the
legitimacy ofPZ.1, I would like to ask Madam Chairwoman to grant me at the very
least equal time to present against PZ.2. If not granted this right, 1 think it further
subjects as a violation to my due process. As for PZ.2, it is beyond frustrating that this
administration has decided to fight its citizens rather than simply acknowledge the
unlawful construction of this park amenity determined by this very body and the PZAB
board. You should rather be spending your time talking about the Omni CRA and
much more important things that impact our community. Lastly, as a board member to
the Bayfront Park Management Trust, I am completely supportive of Commissioner
Pardo's agenda item to reorganize the incredibly well funded Park Management
Trust. Simply only being on this board for a few months, it is clear to me that I, nor
our Chairman, or the other bodies, have the credentials and capabilities to redevelop
this park in a single person vision. We absolutely must engage park planning
professionals to design and plan for the future of this park. We all must know our
limitations. Thank you.
Chair King: Thank you. Good morning.
Maria Ortiz: Good morning, Commissioners. My name is Maria Ortiz. I live at 3091
Northwest 33rd Street, Miami, Florida. I have been a firefighter for the last 29 years
for Miami -Dade Fire Rescue, and I'm here as one of the volunteers for the ministry of
Bethany Community Church. It's an amazing church in the city of Miami, and it's a
privilege for me to serve first as a firefighter and then as a volunteer for the church,
especially when we serve less fortunate families in the city of Miami. And I'm asking
you today to please support Resolution 16508 so we can continue to bless the citizens
of Allapattah. We not only do it for the love of God, but we also do it for the love of
the citizens of Allapattah. Thank you. Have a blessed day.
Chair King: Thank you. Good morning.
Brian Kern: Good morning, Commissioners. My name is Brian Kern. I live at 900
Biscayne Boulevard, speaking in regard to PZ.1. Madam Chairwoman, I'm deeply
concerned by your attempts to limit public comment in these meetings. It infringes
upon my First Amendment rights. The U.S. Constitution guarantees the right to free
speech, particularly in public forums such as this. Public officials are entrusted to
serve the community and criticism, whether harsh or not, is a natural part of the
democratic accountability. Attempts to silence or limit that speech through arbitrary
rules of censorship undermine the purpose of these meetings, which is to foster open
dialogue and transparency. Thank you.
Chair King: Thank you. Good morning.
Douglas Roberts: Good morning, Commissioners. My name is Dr. Doug Roberts,
president and CEO of the Phillip and Patricia Frost Museum of Science at 1101
Biscayne Boulevard in District 2. On behalf of Frost Science, we recognize the
importance of the Omni CRA to our community. The Omni CRA is vitally needed in
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City Commission
Meeting Minutes September 12, 2024
our Arts and Entertainment Downtown District in Miami, especially with the
gubernatorial veto of all arts and culture funding from the State of Florida budget.
This veto has resulted in a combined loss of $6.5 million to Miami -Dade County
organizations alone. Additionally, all of us in the downtown corridor are feeling the
impact of the ongoing construction project connecting I-395 Signature Bridge
Project. Local support has become more crucial than ever. We urge the Commission
to extend the life of the Omni CRA. This extension will provide meaningful support for
Frost Science, our cultural colleagues in the area, the Arsht and PAMM (Perez Art
Museum Miami), and important projects, as has been discussed here, which benefit
the area and continue the economic development in that area. This project includes
improvements to our parks, shared spaces, infrastructure, historic preservation, and
affordable housing that we all need. We hope you can count on your support in the
extension of the Omni CRA. Thank you.
Chair King: Thank you. Good morning.
Lunicel Alvarado: Hi, good morning. My name is Lunicel Alvarado. My address is
12436 Southwest 180th Street, and I would like to speak in support of item RE.12. As
a pastor in the Allapattah community, and on behalf of both residents and fellow
pastors in the area, I would like to support the resolution of expanding the Omni CRA
to include the Allapattah community. The expansion would greatly benefit our
families, generations of residents, and small businesses that have long served our
community. Additionally, it will support new entrepreneurs looking to establish
businesses in Allapattah. Thank you for your time and I look forward to collaborating
with the Omni CRA to advance the interests of our residents and of the community.
Thank you.
Chair King: Thank you. Good morning.
Silvio Pupo Casco: Good morning, Chairwoman, Commissioners, Clerk. My name is
Silvio Frank Pupo Casco. I'm a resident of Allapattah. I come to you to talk about
CA.1, CA.2, CA.6, RE.12, and PH 6. In regards to the first line, CA.1, CA.2, and
CA.6, the FDLE (Florida Department of Law Enforcement) drone replacement
program, the accepting of the donation for the copilot program from Microsoft, and
the FIND (Florida Inland Navigation District), Florida Inland Navigation Waterway
[sic]. I think these are all incredible opportunities to help digitize the city, help us
move closer towards artificial intelligence, and leverage emerging technologies to
help fill some of our operational gaps. RE.12 and PH 6 have been pretty -- really
encouraging to see so many people from Allapattah out here today. So, I want to first
commend everybody for showing up. It's very rare to see so many people from
Allapattah showing up. It's nice to see that and know that as somebody that's born and
raised in Allapattah, I completely support this expansion of the Omni CRA into
Allapattah. I used to be a little bit skeptical of the Omni CRA with all the billionaire
projects, but I've seen that they're focusing more on the real needs of the community,
and this expansion of the Allapattah CRA will help us shortcut a 10 year process for
us if we want to pursue it independently in Allapattah, and by that time, all of us might
be gone due to gentrification or climate change. And lastly, I've been touched by the
story of the Bethany House, PH 6, so I vote in support of using the public land jrothis
public good. Thank you so much.
Chair King: Thank you. Good morning.
Sue McConnell: Good morning. I'm not hitting on one particular commissioner, but
I'd like to commend Commissioner Gabela for bringing up the Freebee issue. It's a
big concern to all of us, all of the districts, particularly Coconut Grove. We have a
horrible system in the Grove. It's called Pay by Phone. When they say pay by phone,
they mean they're royally having you pay by phone. If you're in there 15, 20 minutes
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City Commission
Meeting Minutes September 12, 2024
over your time, you get like a $60 fine, and then you get violations days after that.
People call me and say, Sue, is my credit going to be affected? Will they put a lien on
my house? It's scary. Right now, we have two Freebee's in the Grove, but it's not door
to door. You have to get in your car, drive to the Grove, park in a parking lot, parking
garage, pay, and then you call Freebee. And what good is that? It doesn't help the
traffic at all. So, my issue is, and I'm glad that our city manager is sitting here
because I sat on the BID (Business Improvement District) for 20 years on the parking
and infrastructure committee, and I drove him nuts. But I know he realizes that we
have valet parking. It's $20 now in the Grove. And of course, you have to tip them. But
1 think it should be 18 years and older for people to use Freebee. It's not to go to your
neighbor's house for a play date or something if you're a youngster. And 1 know that
Key Biscayne has it, Coral Gables, and Pinecrest, and I feel strongly that the Grove
should have it also. So, I appreciate your bringing it up. Thank you. And I know that
you're working on it. Thank you.
Chair King: Thank you. Good morning.
Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street, in
support of the expansion of CRA to Allapattah, and hopefully our commissioner will
extend it to the rest of the city, including Little Havana, because we all need
affordable housing, we all need help for the businesses, and at the end of the day, it's
everybody (UNINTELLIGIBLE) taxes. Because if the only CRA received that the only
taxes are going to receive it from that area, then it's perfectly fine, but when we're
using everybody else taxes, then it should go to the entire city, because we all paying
taxes, even those who rent, in their rent, they're paying taxes for the property where
they live in. So, it will be only fair. And at the same time, supporting PZ.3 for the
duplex increases, because we need more affordable housing and stop the illegal units
there sometimes people create to support their mortgage when they have to pay for it.
And at the same times, I would like just to pay attention to you guys, Commissioners,
CU (Certificate of Use), BTR (Business Tax Receipt), and our code enforcement has
been critical. We cannot just close one business and then somebody else show up with
their attorney and then we let the business still operating without a CU and BTR. We
cannot just punish the one that doesn't have the money to pay for an attorney and we
let the other ones free. And the reason I mention this is because we do have businesses
next to each other. That one is closed that doesn't have a BTR and CU, and then the
other one is open. We need to be even at the time that we are going to be using the
law or the regulation of the City of Miami. We cannot just facilitate one and not the
other. And support for the building, because many, many years back, when my family,
we went to that building and support for those when you lack of money for food. So,
support for PH 6.
Chair King: Thank you. Good morning.
Kathy Parks Suarez: Hi. Hi. Hi, everybody. Thank you, Commissioner Gabela, for the
Freebee. It's much needed, and I back up everything Sue McConnell said. As a matter
of fact, a couple Saturdays ago, we had a Live Local meeting in Vizcaya, and a few of
us went and had some lunch, and a lady was two minutes late paying her Pay to Park,
and she received a $59.99 letter in the mail yesterday for being two minutes late.
What happened to $18 parking tickets? We have a problem with -- just wanted to
mention that. Thanks.
Chair King: Thank you. Is there anyone else that would like to speak? Good morning.
Commissioner Gabela: Uh-oh, there's going to be trouble here. This is my wife.
Chair King: Madam First Lady of District 1.
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City Commission
Meeting Minutes September 12, 2024
Mariela Gabela: 1 want you to know, neither the office, him, or anybody knows that
I'm going to speak. To hint, this is personal. In 2006, when he was in the Zoning
Board here, he fought for this, to have Camillus House not in our district. The --
sorry, I got nervous. The big interest went against him because he did that, and for
years stopped him from running for office. He's lived in the district. These are his
report card from elementary in Santa Clara, okay? This was when he was on the
Zoning Board, and I found it the other day. So, I want you to know, this to him, his
district, is personal. This is not a joke. We work around the clock. We have not taken
vacation. And everybody tells him to take vacation, because he's really working for
the district. So, whatever he's doing is not to put money in his pocket. It's to do good
Jrohis district. That's all 1 want to say. I know he was afraid that I'd be here. Sony.
Chair King: Thank you. Seeing no one else for public comment, public comment
period is now closed.
AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
AM.1
AM.2
City Commission - Special Meeting - Jun 18, 2024 9:00 AM
MOTION TO:
RESULT:
MOVER:
SECONDER:
AYES:
Approve
APPROVED
Damian Pardo, Commissioner
Manolo Reyes, Commissioner
King, Carollo, Gabela, Pardo, Reyes
Chair King: I would ask my colleagues if they may have a motion for AM.1, AM.2,
AM 3, and AM.4, to approve the minutes of those meetings June 18th, 2024, June
27th, 2024, July 11 th, 2024, and July 25th, 2024.
Vice Chair Carollo: Move.
Commissioner Pardo: I'll make the motion.
Chair King: I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
City Commission - City Commission Meeting - Jun 27, 2024 9:00 AM
MOTION TO:
RESULT:
MOVER:
SECONDER:
AYES:
Approve
APPROVED
Damian Pardo, Commissioner
Manolo Reyes, Commissioner
King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number AM.2, please see Item
Number An I.
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Meeting Minutes September 12, 2024
AM.3 City Commission - City Commission Meeting - Jul 11, 2024 9:00 AM
MOTION TO: Approve
RESULT: APPROVED
MOVER: Damian Pardo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number AM.3, please see Item
Number AM.1.
AM.4 City Commission - City Commission Meeting - Jul 25, 2024 9:00 AM
MOTION TO: Approve
RESULT: APPROVED
MOVER: Damian Pardo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number AM.4, please see Item
Number AM.1.
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)
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City Commission
Meeting Minutes September 12, 2024
CA.1
16475
Department of Fire -
Rescue
CA - CONSENT AGENDA
The following item(s) was Adopted on the Consent Agenda
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Miguel Angel Gabela, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
RESOLUTION - Item Pulled from Consen
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A DRONE REPLACEMENT PROGRAM FINANCIAL
ASSISTANCE AGREEMENT ("AGREEMENT"), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE
FLORIDA DEPARTMENT OF LAW ENFORCEMENT AND THE
CITY OF MIAMI, TO ACCEPT FUNDS IN AN AMOUNT NOT TO
EXCEED $475,000.00, FOR THE REPLACEMENT COSTS OF
DRONES THAT ARE NOT IN COMPLIANCE WITH RULE 60GG-
2.0075, FLORIDA ADMINISTRATIVE CODE; ESTABLISHING A
NEW SPECIAL REVENUE ACCOUNT TITLED "DRONE
REPLACEMENT PROGRAM 2024," ALLOCATING FUNDS
RECEIVED THROUGH THE AGREEMENT TO ACCOUNT NO.
11000.184010.434000.0000.00000 FOR THE PERIOD BEGINNING
JULY 1, 2024 AND ENDING JUNE 30, 2025; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN
FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE
ACCEPTANCE AND ADMINISTRATION OF THE FINANCIAL
ASSISTANCE AND COMPLIANCE WITH THE TERMS OF THE
PROGRAM.
ENACTMENT NUMBER: R-24-0343
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For additional minutes referencing Item Number CA.1, please
see "Public Comments for allItem(s)."
Vice Chair Carollo: Can we bring up CA.1 now?
Chair King: Yes. CA.1 for discussion.
Vice Chair Carollo: Mr. Manager, who do we have here that can explain to us the
new drones that are being talked about here to buy?
Arthur Noriega (City Manager): Chief, the chief is here to address it.
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City Commission
Meeting Minutes September 12, 2024
Robert Hevia: Good morning, Commissioner; Robert Hevia, Director of the
Department of Fire and Rescue. So, in, 1 believe it was January 2023, the State
passed, by legislation that state and local governments could not fly drones that were
made with -- from parts of countries of concern, China being one of them. The vast
majority of drones at that time were DJI (Da -Jiang Innovations), which are Chinese
made. The Fire Department and our Urban Search and Rescue team have 19 DJI
drones that have been grounded since then, that are used only for search of life, and
search and rescue and to prevent loss of life. So, the State, recognizing that they
passed this law but we didn't have any funding to replace them, it placed a drone
buyback program where they have granted up to $25, 000 per drone, that we can
exchange our drone and receive $25,000 to purchase a -- what's called a blue list
drone, which are drones made with parts made in the United States or countries that
are not of concern.
Vice Chair Carollo: I didn't know that you had so many drones. 19.
Mr. Hevia: We have 19.
Vice Chair Carollo: Secondly of all, I didn't know that you had all the Chinese
drones. So, all of our homes, you know, could be going right to China. They could be
seeing it all. Wonderful. How quickly are you going to be making those changes?
Mr. Hevia: So, the grant's already available. The State's allotted a total of $25
million. They've -- some of the local jurisdictions are ahead of us. There's still dollars
available. So, as soon cis the Commission, if it's approved, we'll go ahead and start
within the next couple of months.
Vice Chair Carollo: What guidelines do you have to protect our residents'privacies,
so that we're not living in times of Big Brother, that we have drones all over the place,
looking at people, looking at properties?
Mr. Hevia: Right. So, State law prevents that. I'm not a police officer, but drones in
the state of Florida cannot be used --
Vice Chair Carollo: It's a very weak law. There's not a criminal penalty.
Mr. Hevia: I'll tell you, within the Department of Fire and Rescue, we're clear that we
only use it during search and rescue and to prevent loss of life. We don't place drones
up in the air if there's not a disaster or emergency occurring. We don't use them. It's
not in our policy.
Vice Chair Carollo: This is only, for search?
Mr. Hevia: Search and rescue and to search for loss of life.
Vice Chair Carollo: When you say search for loss of life, can you explain a little
more?
Mr. Hevia: So, something outside clearly of a search and rescue would be a large
fire, where we are making the decision of whether or not we're going to send
firefighters in or not and we will put a drone up to see the collapse risk of a building.
And it's the loss of our firefighters.
Mr. Noriega: And remind them, we just did a deployment of a drone at the --
Mr. Hevia: At the Temple Court, fire.
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City Commission
Meeting Minutes September 12, 2024
Mr. Noriega: -- Temple Court.
Mr. Hevia: We didn't have our own, but Police, who are a year ahead of us, had
American -made drones. We were able to use it, and the footage was given to our
incident commander, so we can see the roof structure, and it was beneficial in fighting
the fire.
Vice Chair Carollo: Very good. Alright. Thank you, Chief.
Mr. Hevia: Thank you.
Vice Chair Carollo: I'll make the motion for CA.1.
Commissioner Reyes: 1 second it.
Chair King: I have a motion and a second. All in favor of CA.1?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
CA.2 RESOLUTION
16448
Department of
Innovation and
Technology
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
ACCEPT A DONATION OF IN -KIND SERVICES FROM THE
MICROSOFT CORPORATION WITH AN ESTIMATED VALUE NOT
TO EXCEED ONE HUNDRED SIXTY THOUSAND DOLLARS
($160,000.00) TO PROVIDE PROFESSIONAL SERVICES FOR
THE "COPILOT FOR MICROSOFT 365 RAPID DEPLOYMENT AND
ADOPTION" INITIATIVE AS DESCRIBED IN THE STATEMENT OF
WORK, ATTACHED AND INCORPORATED AS EXHIBIT "A";
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE A DONATION AGREEMENT FOR THE
ACCEPTANCE AND ADMINISTRATION OF THE DONATION AND
COMPLIANCE WITH THE TERMS AND CONDITIONS THEREOF,
ALONG WITH ALL OTHER DOCUMENTS, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, DEEMED NECESSARY
FOR SAID PURPOSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
ENACTMENT NUMBER: R-24-0331
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item Number CA.2, please see
"Public Comments for all Item(s)" and "End of Consent Agenda."
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City Commission
Meeting Minutes September 12, 2024
CA.3
16371
Department of
Police
CA.4
16403
Department of
Police
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
EXECUTE A COMBINED VOLUNTARY COOPERATION AND
OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY
OF MIAMI AND THE CITY OF FLORIDA CITY 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-24-0332
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item Number CA.3, please see "End
of Consent Agenda."
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ACCESSING OF MIAMI-DADE COUNTY
("MDC") INVITATION TO BID ("ITB") CONTRACT NO. FB-01914
FOR THE PURCHASE OF ANIMAL FOOD (THE "CONTRACT"), ON
AN AS NEEDED BASIS, PURSUANT TO SECTION 18-111 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), WITH LAB ANIMAL SUPPLIES INC., LAVCOR LLC,
RODENTPRO. COM, LLC, AND PATTERSON VETERINARY
SUPPLY, INC. (COLLECTIVELY "CONTRACTORS"), WHICH WAS
COMPETITIVELY SOLICITED FOR AN INITIAL TERM OF FIVE (5)
YEARS, EXPIRING ON FEBRUARY 29, 2028; INCLUDING ANY
RENEWALS, EXTENSIONS AND/OR REPLACEMENT
CONTRACTS BY MDC; ALLOCATING FUNDS FROM THE CITY
OF MIAMI'S POLICE DEPARTMENT'S GENERAL FUND
ACCOUNT, SUBJECT TO AVAILABILITY OF FUNDS AND
BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE
SUPPLEMENTAL AGREEMENTS WITH THE CONTRACTORS
FOR THE CONTRACT IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ALL OTHER NECESSARY
DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS,
AND/OR EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE
CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS,
APPROPRIATIONS, PRIOR BUDGETARY APPROVALS,
COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY
CODE, INCLUDING THE CITY OF MIAMI'S PROCUREMENT
ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL
INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18
OF THE CITY CODE, AND IN COMPLIANCE WITH ALL
APPLICABLE LAWS, RULES AND REGULATIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: R-24-0333
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City Commission
Meeting Minutes September 12, 2024
CA.5
16411
Department of
Police
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item Number CA.4, please see "End
of Consent Agenda."
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE
PROJECT TITLED "PEDESTRIAN AND BICYCLE SAFETY HIGH
VISIBILITY ENFORCEMENT AND SUPPORT PROGRAM
CONTRACT NUMBER G2X22"; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE LETTER OF AGREEMENT AND
CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI ("CITY") AND THE UNIVERSITY
OF NORTH FLORIDA TRAINING AND SERVICES INSTITUTE,
INC., D/B/A INSTITUTE OF POLICE TECHNOLOGY AND
MANAGEMENT, FOR THE REIMBURSEMENT OF OVERTIME
EXPENSES IN AN AMOUNT NOT TO EXCEED $120,521.37, WITH
NO CITY MATCHING FUNDS REQUIRED, FOR MIAMI POLICE
DEPARTMENT ("MPD") OFFICERS CONDUCTING TRAFFIC
ENFORCEMENT DETAILS AND COMMUNITY EDUCATION
INITIATIVES CONSISTENT WITH THE PEDESTRIAN AND
BICYCLE SAFETY HIGH VISIBILITY ENFORCEMENT AND
SUPPORT PROGRAM; FURTHER AUTHORIZING THE CITY
MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE
ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN
FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR
ACCEPTANCE OF SAID FUNDS.
ENACTMENT NUMBER: R-24-0334
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item Number CA.5, please see "End
of Consent Agenda."
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City Commission
Meeting Minutes September 12, 2024
CA.6
16460
Department of
Police
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT
FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT
("FIND") WATERWAYS ASSISTANCE PROGRAM FOR AN
AMOUNT NOT TO EXCEED FIFTY-SIX THOUSAND TWO
HUNDRED FIFTY DOLLARS AND ZERO CENTS ($56,250.00)
("GRANT FUNDS") FOR THE REMOVAL OF SMALL-SCALE
DERELICT VESSELS FROM THE CITY OF MIAMI'S ("CITY")
JURISDICTIONAL WATERWAYS BY THE CITY'S POLICE
DEPARTMENT'S MARINE PATROL ("PROJECT"); FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN
FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE
SUBMISSION OF THE GRANT APPLICATION; FURTHER, IN THE
EVENT OF THE AWARD, AUTHORIZING THE CITY MANAGER TO
ACCEPT THE GRANT FUNDS FOR FISCAL YEAR 2024-2025
WITHOUT THE NEED FOR FURTHER CITY COMMISSION
APPROVAL AND TO BUDGET, ALLOCATE, AND APPROPRIATE
THE REQUIRED MATCHING FUNDS AND OTHER PROJECT
FUNDS IN AN AMOUNT NOT TO EXCEED EIGHTEEN
THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND ZERO
CENTS ($18,750.00) BY FUTURE RESOLUTION AT THE TIME OF
NEED FROM CAPITAL PROJECT NUMBER 40 — B25TBD OR
OTHER LEGALLY AVAILABLE FUNDING SOURCES; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
GRANT OR DEED AGREEMENTS, AMENDMENTS,
MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO.
ENACTMENT NUMBER: R-24-0335
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item Number CA.6, please see
"Public Comments for all Item(s)" and "End of Consent Agenda."
CA.7 RESOLUTION
16443
Department of
Resilience and
Public Works
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING EIGHT (8) RIGHT-OF-WAY
DEEDS OF DEDICATION AS DESCRIBED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED ("DEEDS"), 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-24-0336
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item Number CA.7, please see
"Public Comments for all Item(s)."
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City Commission
Meeting Minutes September 12, 2024
CA.8 RESOLUTION
16559
Department of
Resilience and
Public Works
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
EXECUTE AN INTERLOCAL MASTER AGREEMENT FOR A TERM
OF ONE YEAR ("SHORT TERM AGREEMENT"), IN
SUBSTANTIALLY THE FORM ATTACHED AND INCORPORATED
AS EXHIBIT "A," WITH MIAMI-DADE COUNTY ("COUNTY"), TO
PROVIDE UTILITY WORK FOR THE COUNTY, ESTABLISHING
THE PROCEDURE FOR THE PERFORMANCE AND
REIMBURSEMENT OF THE UTILITY WORK, INCLUDING THE
UTILITY DESIGN WORK TO BE PERFORMED AND THE UTILITY
CONSTRUCTION WORK TO BE CARRIED OUT; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL
JOINT PARTICIPATION AGREEMENTS, IN SUBSTANTIALLY THE
FORM ATTACHED AND INCORPORATED AS EXHIBIT "B,"
WITHOUT REQUIRING FURTHER CITY COMMISSION
APPROVAL.
ENACTMENT NUMBER: R-24-0337
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item Number CA.8, please see "End
of Consent Agenda."
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City Commission
Meeting Minutes September 12, 2024
CA.9 RESOLUTION
16512
Department of
General Services
Administration
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ACCESSING THE MIAMI-DADE COUNTY
("MDC") INVITATION TO BID ("ITB") CONTRACT NO. FB-01793
FOR FUEL SERVICE STATION MAINTENANCE, REPAIR, AND
SERVICES (THE "CONTRACT"), ON AN AS NEEDED BASIS,
PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WITH
CHEROKEE ENTERPRISES, INC., GENESIS GLOBAL LLC,
GULFSTREAM PETROLEUM SERVICES, INC., FLORIDA METRO
CONSTRUCTION COMPANY, INC., AND LUTZ PETROLEUM
EQUIPMENT INSTALLATIONS, INC. (COLLECTIVELY
"CONTRACTORS"), WHICH WAS COMPETITIVELY SOLICITED
FOR AN INITIAL TERM OF FIVE (5) YEARS, EXPIRING ON JULY
26, 2026, INCLUDING ANY EXTENSIONS AND/OR
REPLACEMENT CONTRACTS BY MDC; ALLOCATING FUNDS
FROM THE CITY OF MIAMI'S GENERAL SERVICES
ADMINISTRATION DEPARTMENT'S ("GSA") EXPANSION
SERVICES AND GENERAL FUND ACCOUNTS, SUBJECT TO
AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE
TIME OF NEED; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE SUPPLEMENTAL AGREEMENTS
WITH THE CONTRACTORS FOR THE CONTRACT IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ALL OTHER NECESSARY DOCUMENTS, INCLUDING
ANY AMENDMENTS, RENEWALS, AND/OR EXTENSIONS, ALL IN
FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO
ALL ALLOCATIONS, APPROPRIATIONS AND PRIOR
BUDGETARY APPROVALS, COMPLIANCE WITH APPLICABLE
PROVISIONS OF THE CITY CODE, INCLUDING, THE CITY OF
MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT,
AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN
CHAPTER 18 OF THE CITY CODE, AND IN COMPLIANCE WITH
ALL APPLICABLE LAWS, RULES AND REGULATIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: R-24-0338
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item Number CA.9, please see "End
of Consent Agenda."
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City Commission
Meeting Minutes September 12, 2024
CA.10 RESOLUTION
16514
Office of Capital
Improvements &
Department of Real
Estate and Asset
Management
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING AMENDMENT NO. 1 TO THE
CONSTRUCTION CONTRACT WITH POSEIDON DREDGE &
MARINE, INC. ("PDM"), A FLORIDA PROFIT CORPORATION, FOR
INDUSTRY -WIDE INCREASE IN MARKET COSTS CONCERNING
VIRGINIA KEY BOAT LAUNCH AND TRAILER PARKING,
SOLICITED UNDER INVITATION TO BID ("ITB") NO. 19-20-013,
INCREASING THE EXISTING CONTRACT VALUE BY EIGHT
HUNDRED FORTY SIX THOUSAND FIFTY FOUR DOLLARS AND
FORTY NINE CENTS ($846,054.49), THEREBY INCREASING THE
TOTAL COMPENSATION LIMIT FROM NINE HUNDRED SEVENTY
SEVEN THOUSAND FIVE HUNDRED SEVENTY THREE DOLLARS
AND EIGHTY CENTS ($977,573.80), TO ONE MILLION EIGHT
HUNDRED TWENTY THREE THOUSAND SIX HUNDRED
TWENTY EIGHT DOLLARS AND TWENTY NINE CENTS
($1,823,628.29); ALLOCATING FUNDS FROM THE DEPARTMENT
OF REAL ESTATE AND ASSET MANAGEMENT PROJECT NO. B-
70046, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF
NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO THE CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ALL OTHER DOCUMENTS, INCLUDING
AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO
ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY
APPROVALS, AND 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, AND IN COMPLIANCE WITH
APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE
NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-24-0339
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item Number CA.10, please see "End
of Consent Agenda."
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City Commission
Meeting Minutes September 12, 2024
CA.11
16404
Office of the City
Attorney
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ENRIQUE
MENDEZ MORALES AND AURORA T. DUARTE, WITHOUT
ADMISSION OF LIABILITY, THE TOTAL SUM OF $95,000.00 IN
FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS'
FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS,
AGENTS, AND EMPLOYEES (COLLECTIVELY, "CITY") IN THE
CASE STYLED ENRIQUE MENDEZ MORALES AND AURORA T.
DUARTE VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT
FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-
DADE COUNTY, FLORIDA, CASE NO.: 23-15653 CA 01 (21),
UPON THE EXECUTION OF A GENERAL RELEASE OF ALL
CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE AND
LOSS OF CONSORTIUM PENDING IN STATE COURT AND A
DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING
FUNDS FROM ACCOUNT NO. 50001.301001.545011.0000.00000.
ENACTMENT NUMBER: R-24-0340
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item Number CA.11, please see "End
of Consent Agenda."
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City Commission
Meeting Minutes September 12, 2024
CA.12
16551
Office of the City
Attorney
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
("SETTLEMENT AGREEMENT") BETWEEN PLAINTIFFS ACCESS
4 ALL, INC. DOUGLAS LONGHINI, JUAN CARLOS GIL
(COLLECTIVELY, "THE PLAINTIFFS"), AND DEFENDANTS CITY
OF MIAMI AND MIAMI PARKING AUTHORITY, ALSO REFERRED
TO AS THE DEPARTMENT OF OFF-STREET PARKING OF THE
CITY OF MIAMI, ON BEHALF OF THE CITY OF MIAMI;
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE THE SETTLEMENT AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE;
FURTHER AUTHORIZING THE DIRECTOR OF FINANCE TO
DISPERSE, WITHOUT ADMISSION OF LIABILITY, THE TOTAL
SUM OF $118,000.00 TO THE TRUST ACCOUNT OF THE LAW
OFFICES OF GEORGE W. WICKHORST, P.A. IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES,
AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS,
AND EMPLOYEES (COLLECTIVELY, "THE CITY") IN THE CASE
STYLED ACCESS 4 ALL, INC. ET AL. V. CITY OF MIAMI AND
MIAMI PARKING AUTHORITY ("MPA"), PENDING IN THE U.S.
DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA,
CASE NO.: 23-23910-CIV-WILLIAMS, UPON THE EXECUTION OF
A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS UP TO
THE PRESENT DAY, INCLUDING THOSE BROUGHT UNDER THE
AMERICANS WITH DISABILITIES ACT THAT ARE PENDING IN
FEDERAL COURT IN THE AFOREMENTIONED CASE, AND UPON
A DISMISSAL OF THE CITY OF MIAMI AND MIAMI PARKING
AUTHORITY WITH PREJUDICE; ALLOCATING FUNDS FROM
ACCOUNT NO. 50001.301001.545013.0000.00000.
ENACTMENT NUMBER: R-24-0341
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item Number CA.12, please see "End
of Consent Agenda."
CA.13 RESOLUTION
16494
Office of Capital
Improvements
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE MIAMI-DADE WATER AND SEWER
DEPARTMENT ("WASD") FOR THE PROVISION OF WATER AND
SANITARY SEWER SERVICES FOR THE ATHALIE RANGE PARK,
CAPITAL PROJECT NO. 40-B203509; ALLOCATING FUNDS IN
THE NOT TO EXCEED AMOUNT OF EIGHT THOUSAND SEVEN
HUNDRED THIRTY DOLLARS AND FIFTY-ONE CENTS
($8,730.51) FROM CAPITAL PROJECT NO. 40- B203509 FOR THE
PAYMENT OF WATER AND SEWER CONNECTION CHARGES TO
WASD.
ENACTMENT NUMBER: R-24-0342
This matter was ADOPTED on the Consent Agenda.
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City Commission
Meeting Minutes September 12, 2024
Note for the Record: For minutes referencing Item Number CA.13, please see "End
of Consent Agenda."
END OF CONSENT AGENDA
Chair King: Gentlemen, are there any items from the Consent Agenda that you would
like to pull for discussion?
Vice Chair Carollo: Yes.
Chair King: Vice Chair?
Vice Chair Carollo: CA.1.
Chair King: CA.1.
[Later...)
Chair King: May I have a motion? May I have a motion fbr CA.2, 3 --
Vice Chair Carollo: Move.
Commissioner Gabela: Motion.
Chair King: -- 4 --
Vice Chair Carollo: Move.
Chair King: -- 5, 6, 7, 8, 9, 10, 11, 12, and 13? I have a motion. Second. All in favor?
The Commission (Collectively): Aye.
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City Commission
Meeting Minutes September 12, 2024
PH - PUBLIC HEARINGS
PH.1 RESOLUTION
16444
Department of
Housing and
Community
Development
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE TRANSFER OF
COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG")
UNALLOCATED DISTRICT 3 FUNDS IN THE ECONOMIC
DEVELOPMENT CATEGORY FROM FISCAL YEAR ("FY") 2023-
2024 IN THE AMOUNT OF $300,000.00 TO THE DEPARTMENT OF
PARKS AND RECREATION TO BE UTILIZED FOR
IMPROVEMENTS TO SIMON BOLIVAR PARK, AS DESCRIBED IN
EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND
ALL NECESSARY DOCUMENTS INCLUDING EXTENSIONS,
AMENDMENTS, AND MODIFICATIONS, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE
NECESSARY TO IMPLEMENT THE ALLOCATION OF SAID
FUNDS.
ENACTMENT NUMBER: R-24-0344
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Chair King: Commissioner Carollo, you were saying you want to pull PH.4 for
discussion?
Vice Chair Carollo: Yes, for a brief discussion.
Chair King: Okay. Any other items my colleagues would like to --?
Vice Chair Carollo: Not on PH (Public Hearing). Move PHs.
Chair King: Okay, so I'd like a motion for PH.1, 2, 4, and 5.
Vice Chair Carollo: Move.
Commissioner Gabela: I'm sorry, PH.1?
Chair King: PH.1, --
Commissioner Gabela: 2.
Chair King: -- PH.2, PH.4, and PH.5. All in favor?
Todd B. Hannon (City Clerk): Chair? For PH.5, PH.5 needs to be amended. There's a
document labeled backup that needs to be changed to Exhibit B. So, PH.5 as
amended.
Vice Chair Carollo: Okay.
Chair King: PH.5 as amended.
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City Commission
Meeting Minutes September 12, 2024
Vice Chair Carollo: As amended.
Chair King: All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
Commissioner Gabela: That was 1, 2?
Chair King: 1, 2, 4, 5.
Vice Chair Carollo: No, not 4; 1, 2, 3.
Chair King: No, 1, 2 --
Vice Chair Carollo: I pulled 4.
Chair King: Oh, I'm sorry, 1, 2, 5 and --1, 2, and 5.
Vice Chair Carollo: Yeah.
Commissioner Gabela: 1, 2, and 5.
Chair King: 1, 2, and 5.
PH.2 RESOLUTION
16370
Department of
Housing and
Community
Development
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ACCEPTANCE OF STATE HOUSING
INITIATIVES PARTNERSHIP ("SHIP") FUNDS, IN THE AMOUNT OF
$2,247,367.00 FOR FISCAL YEAR ("FY") 2024-2025, FOR THE
STRATEGIES UNDER THE CURRENT SHIP LOCAL HOUSING
ASSISTANCE PLAN ("LHAP"); FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL
DOCUMENTS, INCLUDING AMENDMENTS, RENEWALS,
EXTENSIONS, AND MODIFICATIONS, AS MAY BE NECESSARY,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND
SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT
REGULATE THE USE OF SUCH FUNDS.
ENACTMENT NUMBER: R-24-0345
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number PH.2, please see Item
Number PH.1.
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Meeting Minutes September 12, 2024
PH.3
14703
RESOLUTION
MAY BE DEFERRED
Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
Estate and Asset THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE
Management AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY")AND
SHAY BARAK CORP. ("LICENSEE"), FOR THE USE OF CITY OF
MIAMI PROPERTY LOCATED AT 174 & 176 EAST FLAGLER
STREET, MIAMI, FLORIDA ("PROPERTY"), FOR A ONE-YEAR
TERM AND PROVIDING FORA MONTHLY USE FEE ("MONTHLY
USE FEE") OF ONE THOUSAND NINE HUNDRED NINE DOLLARS
AND NINETY-FIVE CENTS ($1,909.95), WITH TWO (2) ONE YEAR
OPTION TO RENEW WITH ADDITIONAL TERMS AND
CONDITIONS AS SPECIFIED ON THE TERM SHEET, ATTACHED
AND INCORPORATED AS EXHIBIT "A," PROVIDED LICENSEE IS
CURRENT ON ALL PAYMENTS TO THE CITY; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING
AMENDMENTS TO SAID AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, FOR SAID PURPOSE.
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number PH.3, please see
"Order of the Day."
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Meeting Minutes September 12, 2024
PH.4 RESOLUTION
16518
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY A
FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN
ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND
CONFIRMING THE CITY MANAGER'S FINDING(S), ATTACHED
AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE
NEGOTIATION METHODS AND PROCEDURES ARE NOT
PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI
("CITY") AND WAIVING THE REQUIREMENTS FOR SAID
PROCEDURES; ALLOCATING FUNDING IN FORM OF A
FORGIVABLE LOAN IN AN AMOUNT NOT TO EXCEED FOUR
HUNDRED FIFTY THOUSAND DOLLARS ($450,000.00) FROM
THE DISTRICT 2 SHARE OF THE CITY OF MIAMI'S MIAMI FOR
EVERYONE ("MFE") PROGRAM, TO DFI MUNDY, LLC, A
FLORIDA LIMITED LIABILITY COMPANY ("DEVELOPER"), TO
DEVELOP TWO, FOURPLEXES ON THE PARCELS DESCRIBED
IN EXHIBIT "C," ATTACHED AND INCORPORATED, ON WHICH
THE DEVELOPER WILL CAUSE TO BE CONSTRUCTED A NEW
AFFORDABLE HOUSING DEVELOPMENT TO BE KNOWN AS
"DFI MUNDY AFFORDABLE HOUSING" ("PROJECT") THAT WILL
CONTAIN NO FEWER THAN EIGHT (8) CITY -ASSISTED
RESIDENTIAL RENTAL UNITS FOR ELIGIBLE RESIDENTS WITH
ANNUAL INCOME EQUAL TO OR LESS THAN EIGHTY PERCENT
(80%) OF AREA MEDIAN INCOME ("AMI") AS PUBLISHED
ANNUALLY BY THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT, AS FURTHER
DESCRIBED IN EXHIBIT "D," ATTACHED AND INCORPORATED,
SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE
APPROVAL OF THE PROJECT BY THE CITY'S HOUSING AND
COMMERCIAL LOAN COMMITTEE ("HCLC APPROVAL") AND
SUBJECT TO THE TERMS, CONDITIONS, AND RESTRICTIONS
CONTAINED HEREIN AND IN THE HCLC APPROVAL; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS,
INCLUDING AMENDMENTS, EXTENSIONS, AND
MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, SUBJECT TO COMPLIANCE WITH ALL APPLICABLE
FEDERAL, STATE OF FLORIDA, LOCAL, AND CITY LAWS,
RULES, AND REGULATIONS FOR AFFORDABLE HOUSING
PROJECTS AND MFE PROGRAM FUNDS AND SUBJECT TO THE
DEVELOPER FULFILLING ALL OF THE TERMS AND
CONDITIONS SET FORTH IN THE HCLC APPROVAL, IN ORDER
TO ALLOCATE THE CITY'S MFE FUNDING TO THE PROJECT IN
THE FORM OF A FORGIVABLE LOAN; PROVIDING FOR AN
EFFECTIVE DATE.
ENACTMENT NUMBER: R-24-0346
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Meeting Minutes September 12, 2024
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Miguel Angel Gabela, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For additional minutes referencing Item Number PH.4, please
see "Public Comments for all Item(s). "
Chair King: Would anyone like to pull the P -- any PH (Public Hearing) item for
discussion? PH.1, 2, 4, 5, or 6.
Vice Chair Carollo: I'd like to pull PH.4 for a brief discussion.
[Later...]
Chair King: PH.4 for discussion, Commissioner?
Vice Chair Carollo: Mr. Manager or Mr. City Attorney, whichever is appropriate to
answer. In this resolution it says that competitive negotiation methods and procedures
are not practical or advantageous for the City ofMiami. What does it mean and what
are you talking about here?
George Wysong (City Attorney): This is similar to PH.6, in that due to, 1 guess, DFI
(Development Finance Initiative) Mundy's work, it is determined that the Manager
made a finding that competitive negotiation methods and procedures are not practical
or advantageous for the City of Miami. So, the Manager's reasons are in that memo,
and you're waiving competitive bidding by a four -fifths vote in order to give this to
DFI Mundy.
Vice Chair Carollo: Okay, you have no problem in waiving competitive bidding,
Commissioner Pardo?
Commissioner Pardo: No, I don't in this case. I'll explain why. This is actually a very
impactful project. We might actually get 50 percent AMI (Area Median Income) for
half the units, and we may be able to do up to 16 units instead of 8, but the people that
have been working on it and specializing on this subject matter need to stay as part of
this. So, all of a sudden -- this has all changed because of Casa Valentina and the
transition which happened with the non-profit.
Vice Chair Carollo: I'm not disagreeing with you. I just wanted to make sure because
in other votes that have been taken within this city, you have expressed, or others
close to you have expressed concern.
Commissioner Pardo: Oh, no, that's why I appreciate it. I appreciate it.
Vice Chair Carollo: And I wanted to get this out in the open. Now, you're saying that
maybe they could go as many as 16 units. How would that be?
Commissioner Pardo: Perhaps --
Vice Chair Carollo: Is there a zoning change?
Commissioner Pardo: -- they're looking at micro units, so they're looking at the
possibility of doing that and thereby also being able to bring in a 50 percent AMI.
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Meeting Minutes September 12, 2024
Vice Chair Carollo: Okay, even if they stay at the eight units, what's the approximate
price range that they're going to sell this at?
Commissioner Pardo: I don't know the approximate price range that they'll end up in,
but it's all been substantiated through their work. I just don't know that level of detail,
but happy to provide it for you.
Vice Chair Carollo: I don't want to hold it up. If it's something that sounds so
reasonable I'm not one here that is going to be petty on things, just like I voted for
many things in your district, I will make the motion for this. It's eight units, at least
eight units, plus they're keeping the old coral house.
Commissioner Pardo: And 80 percent AMI
Vice Chair Carollo: Yeah, 80 percent, which is a substantial amount. So, even though
it's 50, 000 for each house, one that is going to be a community, one that's not for sale,
it's high, but it's not unreasonable, 50,000. You get more, even though they'll be
smaller in size, you'll get more people involved. I'll make the motion for it.
Commissioner Gabela: Second.
Chair King: All in favor.
The Commission (Collectively): Aye.
Chair King: PH.4 passes unanimously.
PH.5 RESOLUTION
16578
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, PURSUANT TO SECTION 18-85(A) OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE,
AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING, AND CONFIRMING THE CITY MANAGER'S
FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A",
THAT COMPETITIVE NEGOTIATION METHODS AND
PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS
FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE
ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 2
COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY
INITIATIVE ("API"), IN A TOTAL AMOUNT NOT TO EXCEED
SEVENTY FIVE THOUSAND DOLLARS ($75,000.00) TO
REBUILDING TOGETHER MIAMI-DADE, INC., A FLORIDA NOT
FOR PROFIT CORPORATION ("REBUILDING TOGETHER"), IN
SUPPORT OF SAFE AND HEALTHY HOMES IN THE AREA
DESIGNATED LITTLE BAHAMAS OF COCONUT GROVE;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN
FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID
PURPOSE.
ENACTMENT NUMBER: R-24-0347
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City Commission
Meeting Minutes September 12, 2024
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number PH.5, please see Item
Number PH.1.
PH.6 RESOLUTION
16508
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), BY A FOUR -FIFTHS AFFIRMATIVE VOTE,
AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING, AND CONFIRMING THE CITY MANAGER'S
RECOMMENDATION AND FINDING, ATTACHED AND
INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE
NEGOTIATION METHODS AND PROCEDURES ARE NOT
PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI;
WAIVING THE REQUIREMENTS FOR SAID PROCEDURES;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A REVOCABLE LICENSE AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF
MIAMI ("CITY") AND MIAMI BETHANY COMMUNITY SERVICES,
INC., A FLORIDA NOT -FOR -PROFIT CORPORATION, FOR USE OF
CITY -OWNED PROPERTIES LOCATED AT 850 NORTHWEST 23
STREET AND 920 NORTHWEST 23 STREET, MIAMI, FLORIDA,
33127, FOR BENEVOLENT AND CHARITABLE ACTIVITIES
INCLUDING, BUT NOT LIMITED TO, FOOD DISTRIBUTION TO THE
NEEDY ("PROJECT"); FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE SUCH AGREEMENTS
OR OTHER DOCUMENTS, INCLUDING AMENDMENTS TO THE
LICENSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS
MAY BE NECESSARY TO PROCEED WITH THE PROJECT, ALL IN
COMPLIANCE WITH APPLICABLE FEDERAL, STATE AND LOCAL
LAWS.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: Item PH.6 was deferred to the September 26, 2024, City
Commission Meeting.
Note for the Record: For additional minutes referencing Item Number PH.6,
please see "Public Comments for all Item(s)."
Arthur Noriega (City Manager): Madam Chair, PH.6 needs to be deferred to the next
meeting.
Vice Chair Carollo: PH (Public Hearing) --
Mr. Noriega: I hadn 't noticed --
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Vice Chair Carollo: PH.6?
Mr. Noriega: PH.6.
Commissioner Gabela: Sorry. That's my item. That's what -- what they are here --
just for the record. They are here for this item. The pastor is here so we can give them
this building that was put up behind me.
Chair King: Right, right.
Commissioner Gabela: And that's what some of them are here for, okay. And can 1
ask you, I know there was a problem with advertising. 1 understand that. But, you
know, 1 thought, you know, that building's been vacant fbr 30 plus years, 20-plus
years. Nobody's been interested in it. All of a sudden, you know, we're interested in it
because of the pastor. He came to my office early on and said, hey, can you identify
some properties for us that -- I'm having a problem? And we did, and we took a tour
with you. And, you know, they're going to upkeep the property. The property now is in
disrepair. It's going to be beneficial for the community. They're feeding the
community. But not only that, that neighborhood, which looks at that property, it's a
sore eye. It's not doing anything. And I'd just like to speed this up and you know, not
defer, defer, defer.
Chair King: Can you explain why you're required -- why you are saying that it needs
to be deferred?
Commissioner Reyes: That's my question.
Commissioner Gabela: Yeah, that's what 1 want.
Chair King: Can you explain?
George Wysong: Yeah, so -- George Wysong, City Attorney. The issue is this item was
published as a fourth -- requiring a four -fifths affirmative vote after an advertised
public hearing, because it's -- we treat these as a bid waiver. So, by selecting this
church to give it to, we can do that with a four -fifths waiver so long as it's advertised.
Unfortunately, this item was not advertised for this meeting, so we're asking it be
deferred to the next meeting so that it can be properly advertised, and we'll take it up
then. All the comments of the folks that spoke today will carry over to this item, so
everybody that spoke, your items are on the record and will be (INAUDIBLE).
Mr. Noriega: Yes, as we discussed in the briefing, because of the notice requirement,
but out of respect for the, fact that the Commissioner was going to have a significant
amount of attendance here today on that item, we've decided not to defer it at the
beginning of the agenda plasma, but to allow them to speak, and then just defer it
later to the next meeting so that everything that they had to weigh in on relative to
their support would be heard, and then that way, it just comes to the next meeting.
Commissioner Gabela: Okay. I just want to state it on the record that, you know,
we've been at this for a while, you know, and I'd like to see this done. You know, he's
ready to go, and please let there not be any funny business. And, you know, and if he
has the vote, he has certainly my vote, and I believe, you know, you guys --
Chair King: Absolutely.
Commissioner Gabela: -- I think we're not going to have a problem, please, with the
next meeting.
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Chair King: Do I need a motion to defer it?
Commissioner Gabela: Motion.
Commissioner Reyes: Second.
Chair King: All in favor?
The Commission (Collectively): Aye.
Chair King: PH. 6 has been deferred to the next commission meeting.
Todd B. Hannon (City Clerk): September 26.
Chair King: September 26.
Commissioner Reyes: Okay.
END OF PUBLIC HEARINGS
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RE.1
16459
Office of the City
Clerk
RE - RESOLUTIONS
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), OFFICIALLY ACKNOWLEDGING THE CITY
CLERK'S CERTIFICATION OF THE CANVASS AND
DECLARATION OF RESULTS, ATTACHED AND INCORPORATED
AS EXHIBIT "A," OF THE CITY OF MIAMI REFERENDUM SPECIAL
ELECTION HELD ON AUGUST 20, 2024.
ENACTMENT NUMBER: R-24-0353
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Chair King: So, right now, may I have a motion. for RE.1, RE.6, RE.8, RE.9, RE.11
RE.13? May I have a motion?
Vice Chair Carollo: Move.
Commissioner Reyes: Second.
Chair King: I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
Chair King: Hold on.
Commissioner Gabela: Sorry guys, I'm kind of slow today.
Chair King: Hold on.
Commissioner Gabela: RE.1?
Chair King: RE.1.
Commissioner Gabela: Okay.
Chair King: RE.1, RE.6, RE.8 --
Commissioner Gabela: Okay, but -- RE.8? Okay, could I --?
Chair King: Uh-huh, RE.9.
Commissioner Gabela: RE.9, okay.
Chair King: RE.11 and RE.13.
Commissioner Gabela: RE.13, yes.
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Chair King: Okay.
Commissioner Gabela: 1 don 't have a problem.
Chair King: So, I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
Commissioner Reyes: Okay.
RE.2 RESOLUTION
16389
Department of
Code Compliance
A RESOLUTION OF THE MIAMI CITY COMMISSION
MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN
RECORDED AGAINST PROPERTY ADDRESS 1168 NORTHWEST
2 STREET, MIAMI, FLORIDA, CASE NUMBER CE2019008507,
AFTER A HEARING, AS REQUIRED BY SECTION 2-817 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED;
AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL
SETTLEMENT OF THE AFOREMENTIONED LIEN; AUTHORIZING
THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL
DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN.
ENACTMENT NUMBER: R-24-0348
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Joe Carollo, Commissioner
SECONDER: Miguel Angel Gabela, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Chair King: I'd like to take up the mitigation items now, RE.2, 1168 Northwest 2nd
Avenue -- 2nd Street.
Vice Chair Carollo: How about RE.1 ?
Chair King: I'm leaving it --
Vice Chair Carollo: Alright.
Robert Santos-Alborna (Director, Code Compliance): Good afternoon. Madam
Chairwoman --
Chair King: Good afternoon.
Mr. Santos-Alborna: -- Commissioners.
Chair King: Please announce what district this mitigation is for.
Mr. Santos-Alborna: So, for RE.2, it's within District 3, and RE.2 is a mitigation of a
property located at 1168 Northwest 2nd Street. The owner, and as I've said
individually, please don't shoot the messenger, the oivner of the record is Que Bola
Asere, Inc. and it's a D3 (District 3) Case, CE 2019-008507. Notice of violation was
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Meeting Minutes September 12, 2024
issued on May 1st, 2019, for a number of code violations, including failure to
maintain nonconforming parking lot, parking on unimproved surfaces, construction
work without permits, and to include in the public right-of-way. Adjudicated on
November 7th, 2019, complied on May 2nd, 2023, running for a total of a thousand
fifty-seven days, accruing a total of 264,250. As I met with all of you individually, the
respondent offered -- the offer is $39,637.50, which is exactly 15 percent. And
yesterday, very late, I met with counsel in a last-minute meeting where that amount
was confirmed.
Vice Chair Carollo: Mr. Code Director?
Mr. Santos-Alborna: Yes, sir?
Vice Chair Carollo: What was the construction of the right-of-way?
Mr. Santos-Alborna: Do you have it? Go ahead.
Rachel Dooley (Assistant City Attorney, Supervisor): Assistant -- no, it's afternoon.
Good afternoon, Rachel Dooley, office of the City Attorney. In this particular case, it
was a nonconforming parking lot, parking unimproved services, and then signage.for
the parking itself It wasn't a massive structure, or anything put into the public right-
of-way.
Vice Chair Carollo: Well, just wondering why we're going at some unimproved
parking lot. I'm wondering why we're going at some unimproved parking lots in my
district and not others, that have bragged that they have it and we don't do anything
about it, but --
Ms. Dooley: That can't tell you.
Vice Chair Carollo: It's approximately a year, almost a year to the date, since the
case was opened, until the time that they complied, correct?
Mr. Santos-Alborna: That's accurate.
Vice Chair Carollo: Okay, so while this is not life threatening, it's not a building, it's
parking, I think 15 percent is a reasonable amount for that.
Mr. Santos-Alborna: Yes.
Vice Chair Carollo: Unless they would like to make any further statement, or you all
would, I would be willing to make a motion to accept it.
Mike Yanopoulos: Yep, Mike Yanopoulos, 200 South Biscayne Drive. We're okay with
it, 15 percent.
Vice Chair Carollo: Okay.
Chair King: I have a motion. Do I have a second?
Commissioner Gabela: Second.
Chair King: I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
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Todd B. Hannon (City Clerk): As amended.
Chair King: As amended.
RE.3 RESOLUTION
16390
Department of
Code Compliance
A RESOLUTION OF THE MIAMI CITY COMMISSION
MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN
RECORDED AGAINST PROPERTY ADDRESS 650 SOUTHWEST 1
STREET, MIAMI, FLORIDA, CASE NUMBER CE2018024494,
AFTER A HEARING, AS REQUIRED BY SECTION 2-817 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED;
AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL
SETTLEMENT OF THE AFOREMENTIONED LIEN; AUTHORIZING
THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL
DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN.
ENACTMENT NUMBER: R-24-0349
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For additional minutes referencing Item Number RE.3, please
see "Public Comments for all ltem(s). "
Chair King: RE.3, and please announce the district.
Robert Santos-Alborna (Code Compliance, Director): Yes, Madam Chair.
Mike Yanopoulos: Thank you.
Mr. Santos-Alborna: And I had here, can you tell me, because it says 3, but
(INAUDIBLE) --
Chair King: 6050 Southwest 1st Street.
Mr. Santos-Alborna: I have it as D3. So, I put a line through it. So, the property
address for the violation in question is at 650 Southwest 1st Street. Owner of record is
650 First, LLC (Limited Liability Company). It is D3. The case number is CE 2018-
024494. Notice of violations were for vacant, blighted, and unsecured property,
failure to maintain and register lots. The case was adjudicated on February 7th,
2019. It complied, according to our records, on 2/4/2021, running for a total of 727
days, and accruing a total of $181,750. As I explained when I met with each of the
districts, when we cross in iBuild, our database, the violations were corrected by way
of demolition and the date of the demolition is much earlier in the process. Based on
the information that I have, the respondent is offering $18,175, which is 10 percent of
the accrued total, which I think is a fair offer.
Chair King: Good morning. Ma'am?
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Jazabel Lima: Good morning, Commissioners. Once again, Jazabel Lima. I'm here
for the property owner, 650 First, LLC. And we are offering 10 percent of the
mitigation. Importantly, we are the current owner. We took this property -- when we
purchased the property, we did a lien search and were advised that there were no
outstanding liens on the property. However, we do note that the demolition did take
place within the three months. It's just that the former owner never contacted code
enforcement in order to have the inspection, and that's why this took longer than
anticipated. But we are here in good faith. There was some related litigation that
could be disposed of with this mitigation payment, which we are offering.
Vice Chair Carollo: How can you not know that there were liens on the property?
Ms. Lima: We were -- we did the -- did they -- did their search and then their report
and they contacted several individuals from the City and were given entails from code
enforcement individuals saying that this -- there were no outstanding code violations
on this property.
Vice Chair Carollo: You didn't get any title insurance on it?
Ms. Lima: Yes.
Vice Chair Carollo: You have title insurance?
Ms. Lima: Yes, sir.
Vice Chair Carollo: Shouldn't they pay them if they didn't pick that up?
Ms. Lima: And they're offering to cover our mitigation.
Vice Chair Carollo: Okay, so if --
Rachel Dooley (Assistant City Attorney, Supervisor): If -- ifI can just to bring up
some -- Rachel Dooley, on behalf of the City Attorney's Office. In this particular case,
there were at one point several open violations. I believe most of them were disposed
of via waiver format. When we were in the middle of the pandemic, we weren't letting
people into the Code Board meetings. And this particular violation got left off the
table. In fact, they sent it to me. We looked at the e-mails. And we'd probably gone
through three or four of them that we took care of. And we did miss this one. I don't
know about the title insurance, butt can say on that particular end, because I did
review everything. And also, in reviewing it and the reason why, and they're offering
10 percent off of the full amount. Just to be aware that the initial hearing was in
February of 2019, and they were in compliance, actually, in May of 2019. So, it was --
Vice Chair Carollo: Well, yeah.
Ms. Dooley: -- I think the total lien would have been around $30, 000 at that point.
Vice Chair Carollo: What -- what I have here, Rachel, is that the original case opened
up 11/28/18, which is a year and three and a half months before the pandemic.
Ms. Dooley: That is correct. That is correct.
Vice Chair Carollo: They went to the hearing on February 17, 2019. That was about
a year and a half a month before the pandemic hit. Actually, a year and a month plus
before the pandemic hit. That's where they got hit with $250 per diem per day if they
didn't comply.
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Ms. Dooley: Right, that's correct. And then once everything they realized was
complied, we were doing the -- we did the mitigations on the other violations with the
current owner during the course of the pandemic. That's what 1 meant, not when there
violations were, but --
Vice Chair Carollo: Well, the people that are at fault, they have to pay, is the people
that provided them title insurance? You heard her say that they would pay. So, based
upon what I'm seeing here, based upon what we just did on the prior one, that was
only a year, this is well over two years, I have to ask for the same, not 10 percent, but
minimum 15 percent.
Chair King: 1 have a motion.
Vice Chair Carollo: It's a motion.
Chair King: Do I have a second? I have a motion and a second. All in favor?
Todd B. Hannon (Citv Clerk): I'm sorry, Chair, who's the seconder?
Chair King: Commissioner Reyes. All in favor, as amended?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
RE.4 RESOLUTION
16310
Department of
Code Compliance
A RESOLUTION OF THE MIAMI CITY COMMISSION
MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN
RECORDED AGAINST PROPERTY ADDRESS 5101 NORTHWEST
17 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2016017680,
AFTER A HEARING, AS REQUIRED BY SECTION 2-817 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED;
AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL
SETTLEMENT OF THE AFOREMENTIONED LIEN; AUTHORIZING
THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL
DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN.
ENACTMENT NUMBER: R-24-0350
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Chair King: RE.4, 5101 --
Robert Santos-Alborna (Code Compliance, Director): RE.4 --
Chair King: -- Northwest 17th Avenue.
Mr. Santos-Alborna: Yes, Chairwoman. RE.4 is a mitigation of a property located at
5101 Northwest 17th Avenue. Owner of record is Ebony Dottery. This property is in
D5 (District 5). Notice of violation was issued on 9 -- September 9, 2016, for
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construction work without permits, to with -- a fence, and installation of an electric
motor for opening. The NOV (Notice of Violation) issued on 9/9/2016, adjudicated on
February 2nd, 2017. It complied after 2,141 days. 1 believe respondent or counsel for
respondent will say that she had relied on someone to correct the violation. It accrued
a total of $535,250. I understand that the offer is $5,000, which is less than 1 percent.
And I'm going to let counsel explain that. And if you want additional information
regarding the lot value, I think that's important, so I can provide that as well.
Chair King: Attorney, would you?
Rachel Dooley (Assistant City Attorney, Supervisor): Yes. Again, good afternoon.
Rachel Dooley, on behalf of the City Attorney's Office. This case came to my office
when a lawsuit was filed by a friend of the owner who is a very elderly woman living
in, I don't know, very, elderly woman who lives in Georgia.
Vice Chair Carollo: What's her name?
Ms. Dooley: Ebony Dottery is her name. Obviously', the complaint was filed
incorrectly because it was a friend filing for her. We attempted to reach out, did a lot
of things to to; to say -- to try to get it done. Its taken us -- I think the lawsuit's
probably even more than a year old at this point. Because we've been going through
trying to get her through the process, the violation itself was for a fence that had a
motor on it. She relied on the -- I know the -- having spoken with her.
Vice Chair Carollo: A motor? Electrical?
Ms. Dooley: A fence with a motor, that's what this violation -- that's what -- that's
what I'm just trying to explain to you. So -- and I spoke with her on the phone from
Georgia. The mailing address, of course, even for the taxes, went to the house in
Miami, not the house -- it's a commercial. It's a thrift store. They charge, I believe,
$800 a month in rent. You know, she's not making a profit off of this. So, I'm just
trying to sort of set that up for you. It was removed with the permit finally in 2022. It
did take a very long time. I'm going to say there's probably extenuating circumstances
that counsel will speak to, but they did make the offer of $5,000, which is well below
the normal for the $535, 000 that ran for 2,141 days. But I just wanted to give you an
idea. She then finally got attorneys involved, and I think it was still difficult to
communicate with her and explain the process and how to come in --
Chair King: Thank you.
Ms. Dooley: -- we got here today.
Chair King: Thank you. Good afternoon.
Nancy Levros: Good morning, Madam Chair. Good morning, Commission. The issue
is that she moved. She moved to another home in Georgia and did not receive any
notification. The person who performed the work for her did not -- he opened the
permit, but he didn't finalize it, from what I understand. And he died. So, she was not
aware. If there was any postings at the property, she didn't receive it. He didn't give it
to her. He died. She found out about it when she was going to sell the property in
2021, and it popped up on the title and lien search. Once she found out, she took
action immediately and did everything she could to go ahead and rectify the problem,
which she did. It took a little bit of close to a year from that time because she, of
course, is not local. So, she had to rely on people from another state to get the work
done for her. She does reside in Georgia. She has changed the information in the tax
records, so she has the correct address. She has been informed. And we will be
informing, Imean, guiding her from this point forward, but unfortunately, this is
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where we are. So even, 1 understand the $5, 000 a little insulting, forgive us. But if we
can --
Chair King: You haven't -- I got word from my staff that that number changed.
Ms. Levros: That's not correct. It did change. We're looking to hopefidly from the time
that she was -- became aware in December 2021, to the time she got it corrected, to
charge a 15 percent for that, from that point forward. And that total is $12,150.
Chair King: I'm sorry?
Ms. Levros: $12,150.
Chair King: Would you please state your name for the record?
Ms. Levros: I do apologize. Nancy Levros.
Chair King: Thank you. Thank you. You have anything else to add?
Mr. Santos-Alborna: No, ma'am. I did say at one point in time, as I discussed with
each of you, according to the property appraiser, the property is valued at $132,548
for your consideration.
Chair King: I'm going to accept the offer that you made for the 15 percent. Say it
again.
Ms. Levros: The $12,150?
Mr. Santos-Alborna: 12,000.
Chair King: Yes. I'm going to accept that. Do I have a motion?
Commissioner Gabela: Motion.
Chair King: I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
Ms. Levros: Thank you, Madam Chair.
Chair King: Thank you so much.
Ms. Levros: Thank you.
Mr. Santos-Alborna: Thank you.
Todd B. Hannon (City Clerk): As amended.
Chair King: As amended. It is 12:30. At this time I'm going to ask my colleagues, if
you would like to breakfor lunch --
Vice Chair Carollo: Yes.
Chair King: -- and return at 2:30. 2:30.
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Vice Chair Carollo: 2:45?
Chair King: 2:30.
(COMMENTS MADE OFF THE RECORD)
Chair King: I see. The City of Miami Commission meeting for September 12th, 2024
is now in recess. We will return at 2:30.
RE.5 RESOLUTION
16482
Department of
Solid Waste
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE,
RETROACTIVELY RATIFYING, CONFIRMING, AND APPROVING
THE CITY MANAGER'S EMERGENCY FINDINGS, ATTACHED
AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION
18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR
ADVANTAGEOUS TO THE CITY OF MIAMI; RETROACTIVELY
APPROVING THE SELECTION OF STAR CLEANING USA, INC.
("STAR CLEANING") FOR THE PROVISION OF STREET
SWEEPING SERVICES FOR THE DEPARTMENT OF SOLID
WASTE ("SOLID WASTE"); AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS,
INCLUDING ANY AMENDMENTS, MODIFICATIONS, EXTENSIONS
AND ADDITION OF SERVICES TO THE PROFESSIONAL
SERVICES AGREEMENT ("PSA") ATTACHED AND
INCORPORATED AS EXHIBIT "B," SUBJECT TO ALL
ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY
APPROVALS, AND COMPLIANCE WITH APPLICABLE
PROVISIONS OF THE CITY CODE, INCLUDING, THE CITY OF
MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT,
AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN
CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL
APPLICABLE LAWS, RULES AND REGULATIONS, AS MAY BE
DEEMED NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-24-0355
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Chair King: We left off on our resolutions. We addressed RE.2, 3, and 4. I am asking
my colleagues if there's any of the resolution items that you would like to pull for
discussion.
Vice Chair Carollo: Which ones are you talking about from --?
Chair King: We're in the REs (Resolutions) now.
Vice Chair Carollo: REs.
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Chair King: We finished the consent agenda and the PH (Public Hearing) items.
We're on resolutions now.
Vice Chair Carollo: Okay.
Commissioner Gabela: RE. 12.
Chair King: You want to pull RE.12 for discussion. Got it. Commissioner Pardo,
would you like to pull any of the RE items --
Commissioner Pardo: No.
Chair King: -- for discussion?
Vice Chair Carollo: I need --
Commissioner Reyes: You 're addressing me or --?
Chair King: You -- i fvou have any.
Commissioner Reyes: Oh, yes, yes. 1 would like to -- you know, RE.5, I just received
the map that --
Chair King: So, you want to pull that for discussion?
Commissioner Reyes: That's right.
Chair King: RE.5.
Commissioner Reyes: And only if I could make my comments that there are certain
streets that --
Chair King: Right, we'll do that --
Commissioner Reyes: -- I would like to see --
Chair King: Okay.
Commissioner Reyes: -- included in the sweeping.
Chair King: Okay, so we'll pull --
Commissioner Reyes: You see, like 22nd Avenue --
Chair King: -- that one for discussion.
Commissioner Reyes: -- 37th Avenue, et cetera, et cetera.
Chair King: Okay. Is that all? Any others?
Vice Chair Carollo: No, I need a second if you don 't mind.
Chair King: No, no, I was speaking to Commissioner Reyes.
Vice Chair Carollo: Oh, okay.
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Todd B. Hannon (City Clerk): Chair, if 1 may? While everyone's reviewing the RE
items, just for the record, RE.10 will need to be amended. It contains a blank in the
second whereas clause to add resolution number R-24-0330 in addition to an exhibit
that will need to be substituted.
Chair King: So, RE.10 will be as amended. Thank you, Mr. City Clerk.
Vice Chair Carollo: Okay.
George Wysong (City Attorney): Madam Chair, 1 also have that RE.9 is going to be
modified. That's the Freebee award reso. That's on my list for modification.
Commissioner Gabela: What's going on with it? Sony.
Chair King: RE.9 and 10 will be as amended.
Arthur Noriega (City Manager): There's no modification though, because it's a
piggyback.
Commissioner Gabela: Right, but what's (UNINTELLIGIBLE)?
Mr. Noriega: Yeah, it's a piggyback.
Chair King: For which one?
Mr. Noriega: No, I don 't think -- I think he just --
Commissioner Gabela: Okay, alright.
Mr. Wysong: It's on my list, let me just --
Mr. Noriega: Yeah.
Mr. Wysong: Trust but verify.
Mr. Noriega: Yeah. It's a piggyback off of another solicitation. It shouldn't have to be
amended.
[Later...]
Chair King: RE.5 is up for discussion.
Vice Chair Carollo: Okay.
Commissioner Reyes: No, it's -- the only thing --
Chair King: Commissioner Reyes?
Commissioner Reyes: The only -- I only want to get the administration to take into
consideration streets that needs to be included in the map for sweeping. You see, for
example, 37th Avenue, I don't see it here. I don't see 22nd Avenue. I don't see it here.
So, I want you to consider including those streets also on street sweeping. And we
have streets that they are county streets and all of that, but we are also cleaning and
sweeping 8th Street, which is a state road and 42nd Avenue, which is also a county --
state road. But I believe that we should try to keep our streets clean. And I have a
street sweeper that we've been doing, and we have been doing some cleaning of our
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RE.6
16401
Department of
Planning
streets and also power cleaning the -- our sidewalks and our streets. So, that's my
only comment on it. And 1 move it if anybody --
Vice Chair Carollo: Second.
Chair King: So, I have a motion --
Commissioner Gabela: Okay.
Commissioner Gabela: Yeah, before you move it, I'd just like to add to move it, but
just one thing on the 17th Avenue corridor, same thing, it's a county, and if I can get
some --
Arthur Noriega (City Manager): Yeah, so Commissioners, what we'll do is -- because
this is a retroactive approval, right, for the use of the outside vendor for street
sweeping. We intend on putting out an RFP (Request for Proposals) to do a new
solicitation.
Commissioner Gabela: Right, yeah, we spoke about that, okay.
Mr. Noriega: Yeah, and so what we'll do is we'll incorporate those recommendations
into the new solicitation so that we have more coverage.
Commissioner Reyes: Okay. That's all I have.
Chair King: I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
Commissioner Gabela: Was RE.9 done, the Freebee thing?
Chair King: Yes.
Commissioner Gabela: Yes, okay. Thank you.
Vice Chair Carollo: You can bring it back if you like.
Commissioner Gabela: No, thank you.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING THE HISTORIC AD VALOREM
TAX EXEMPTION, BASED ON THE RECOMMENDATION OF THE
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, FOR
THE OWNER, JORDAN TRACHTENBERG, OF THE
HISTORICALLY DESIGNATED PROPERTY LOCATED AT 439
NORTHEAST 76 STREET, MIAMI, FLORIDA, WITHIN THE PALM
GROVE HISTORIC DISTRICT.
ENACTMENT NUMBER: R-24-0356
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MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number RE.6, please see Item
Number RE.1.
RE.7 RESOLUTION
16445
Office of
Management and
Budget
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), DEALLOCATING, REALLOCATING FUNDS
ASSOCIATED WITH CERTAIN AMERICAN RESCUE PLAN ACT
OF 2021 ("ARPA") FUNDED PROJECTS AND PROGRAMS, AS
MORE SPECIFICALLY SET FORTH IN EXHIBIT "A", FURTHER
RECOGNIZING FISCAL YEAR ("FY") 2021-2022 AND FY 2022-
2023 REVENUE LOSS CALCULATIONS, ELECTING TO UPDATE
THE CITY OF MIAMI'S REVENUE REPLACEMENT TOTAL TO AN
AMOUNT NOT TO EXCEED $86,133,316.30 ("REVENUE LOSS"),
ALLOCATING AND APPROPRIATING REVENUE LOSS IN
ACCORDANCE WITH EXHIBIT "F," ATTACHED AND
INCORPORATED, SUBJECT TO ANY AND ALL APPLICABLE
FEDERAL, STATE OF FLORIDA ("STATE"), AND LOCAL LAWS,
RULES AND REGULATIONS; AUTHORIZING THE CITY
MANAGER TO DEALLOCATE, ALLOCATE, AND APPROPRIATE
FUNDS AS IDENTIFIED IN EXHIBIT "F," ATTACHED AND
INCORPORATED, SUBJECT TO ANY AND ALL APPLICABLE
FEDERAL, STATE, AND LOCAL LAWS, RULES AND
REGULATIONS; AUTHORIZING THE CITY MANAGER TO MAKE
ANY CHANGES TO ADJUST, AMEND, AND APPROPRIATE THE
CITY OF MIAMI'S OPERATING BUDGET, FIVE-YEAR FINANCIAL
PLAN, STRATEGIC PLAN, AND MULTI -YEAR CAPITAL PLAN, AS
NECESSARY AND APPLICABLE, PURSUANT TO THE
PROVISIONS OF THIS RESOLUTION, RATIFYING, APPROVING,
AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE
CITY MANAGER AND THE DESIGNATED CITY DEPARTMENTS
TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT
CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER
SYSTEMS IN CONNECTION HEREWITH.
ENACTMENT NUMBER: R-24-0330
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Chair King: Okay, for discussion.
Vice Chair Carollo: Ten.
Chair King: RE. 10.
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Vice Chair Carollo: Mr. Manager, can you explain this? This seems like -- well, I'm
trying to read this. It says, as amended, the five-year financial plan, the strategic plan,
and the multi -year capital plan pursuant to Resolution No. so-and-so as amended and
authorizing the City Manager to make any necessary changes to adjust, amend,
allocate, appropriate the budget and any part thereof regarding the City of Miami 's
service and resources. And it keeps going on. It seems that this is like we approve a
budget and then we're giving the administration authorization to make any changes
without coming back to us. It's a little concerning. So, if you could explain this, I'm
not sure if I'm understanding this.
Marie Gouin (Director, Management and Budget): This one is the dollars for the
ARPA (American Rescue Plan Act) -- mean, the MFE (Miami For Everyone) funds
that we had freed up money in the general fund from revenue loss that we are using
for the MFE program. It's just to give the City Manager some flexibility. And 1 think
that's standard language for the City Attornev's Office. That's part of the resolution.
Vice Chair Carollo: But only for those funds?
Ms. Gouin: Yes, only for those funds.
Vice Chair Carollo: Okay. How much do we have in those finds?
Ms. Gouin: $13 million is being transferred in MFE.
Vice Chair Carollo: That's a lot. Okay. All right. Mr. Manager, anything you want to
say to that?
Arthur Noriega (City Manager): No, remember, this was to not -- to avoid the
deadline, right, on the other money. We're -- actually, we're reporting it as a loss.
Ms. Gouin: As revenue loss.
Vice Chair Carollo: Okay, alright, that's fine.
Mr. Noriega: So, then we can create more flexibility in terms of when we have to
spend it down.
Vice Chair Carollo: Could you do us a favor?
Mr. Noriega: Yes.
Vice Chair Carollo: On the record, before you make any changes, can you provide it
in writing to each of us and the Mayor of what you 're doing so we could --
Mr. Noriega: Any expenditure of the money has to come back to Commission for
approval.
Ms. Gouin: Yes.
Mr. Noriega: This just uncouples it from ARPA and puts it into the MFE pool, then it
has -- still has to come back to the Commission.
Vice Chair Carollo: The wording is very --
Ms. Gouin: It was --
Vice Chair Carollo: -- complicated the way it's --
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Ms. Gouin: It's the other way. It's --
Mr. Noriega: Yes.
Ms. Gouin: Okay.
Larry Spring (Chief Financial Officer): Through the Chair.
Vice Chair Carollo: Larry.
Chair King: I think Maggie was speaking.
Mr. Spring: Okay.
Ms. Gouin: Yes, the money was from --
Chair King: I mean, I don't understand why he had to jump in. She's quite capable.
Go ahead, Madam Director.
Ms. Gouin: Okay, the money was put into revenue loss in the general fund, which
freed up money in the general fund for us to do the Miami for Everyone program --
Vice Chair Carollo: Okay.
Ms. Gouin: -- which the Commission had approved last year. So, the dollars that you
had that was still tied up into the other source of revenues, we're moving them into
the specific district's allocations. And then every time we are allocating money, let's
say you have a couple in this agenda, I mean in this agenda, we take it to Commission
for approval.
Vice Chair Carollo: All right, I just want to make sure that I get it as clarified as I can
here because this is confusing the way that it's been written.
Ms. Gouin: Yes.
Commissioner Reyes: Yes, it is.
Chair King: Mr. CFO (Chief Financial Ocet), would you like to add anything?
(COMMENTS MADE OFF THE RECORD)
Chair King: Are you sure?
Vice Chair Carollo: Oh, come on, Larry, come on.
Chair King: Well, I mean, you just --
Vice Chair Carollo: Come on.
Chair King: -- jumped up to say something.
(COMMENTS MADE OFF THE RECORD)
Vice Chair Carollo: His feelings are hurt. Come on.
Commissioner Gabela: He looks like he's good.
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(COMMENTS MADE OFF THE RECORD)
Chair King: Okay, may I --
Commissioner Gabela: Alright, motion.
Chair King: A motion for RE.7 --
Vice Chair Carollo: Second, second.
Chair King: -- and RE.10?
Vice Chair Carollo: RE.10 only.
Chair King: No, no, because 7 and 10 has to go together.
Commissioner Gabela: So motion.
Chair King: So --
Ms. Gouin: And as amended.
Vice Chair Carollo: What's 7, RE --?
Chair King: Deallocate and reallocate. We couldn't do 7 before 10, so if we're going
to do 10, we can do 7.
Vice Chair Carollo: You're saying RE.7.
Chair King: RE.7.
Vice Chair Carollo: Okay.
Chair King: Yes.
Vice Chair Carollo: RE.7 and 10.
Chair King:: Yes.
Commissioner Reyes: Move it.
Ms. Gouin: And as amended.
Commissioner Gabela: Motion.
Chair King: As amended.
Vice Chair Carollo: Yeah.
Chair King: A motion, a second. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries.
Todd B. Hannon (City Clerk): And again, so RE.7 is as is.
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Chair King: As is.
Mr. Hannon: And RE.10 is as amended.
Chair King: As amended. Correct.
RE.8 RESOLUTION
16416
Liberty City
Community
Revitalization Trust
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING AND ADOPTING THE AMENDED
BUDGET OF THE LIBERTY CITY COMMUNITY REVITALIZATION
TRUST, ATTACHED AND INCORPORATED AS EXHIBIT "A", IN
THE AMOUNT OF ONE MILLION, TWO HUNDRED NINETY-
THREE THOUSAND, NINETY-TWO AND 00/100 DOLLARS
($1,293,092.00) FOR THE FISCAL YEAR COMMENCING
OCTOBER 1, 2023, AND ENDING SEPTEMBER 30, 2024.
ENACTMENT NUMBER: R-24-0357
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number RE.8, please see
"Public Comments for all Item(s) " and Item Number RE.1.
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RE.9 RESOLUTION
16569
Commissioners
and Mayor
A RESOLUTION OF THE CITY OF MIAMI COMMISSION
AUTHORIZING THE ACCESSING OF THE CITY OF SUNRISE
("SUNRISE") CONTRACT NO. 21-04-05-MS, ON -DEMAND
TRANSPORTATION SERVICES, PURSUANT TO SECTION 18-111
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), WHICH WAS COMPETITIVELY SOLICITED AND
AWARDED TO BEEFREE, LLC, DOING BUSINESS AS FREEBEE
("FREEBEE"), FOR AN INITIAL TERM OF THREE (3) YEARS WITH
TWO (2) ADDITIONAL ONE (1) YEAR OPTIONS TO RENEW,
INCLUDING ANY EXTENSIONS AND/OR REPLACEMENT
CONTRACTS BY SUNRISE; ALLOCATING FUNDS FROM THE
VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS
AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS
AND BUDGETARY APPROVAL AT TIME OF NEED; AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
SUPPLEMENTAL AGREEMENT IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER
NECESSARY DOCUMENTS, INCLUDING ANY AMENDMENTS,
RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE
TO THE CITY ATTORNEY, SUBJECT TO ALLOCATIONS,
APPROPRIATIONS, PRIOR BUDGETARY APPROVAL, AND
COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY
CODE, INCLUDING, WITHOUT LIMITATION, THE CITY OF
MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT,
AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN
CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE
REGULATIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: R-24-0358
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number RE.9, please see
"Public Comments for all ltem(s) ", Item Number RE.l, and Item Number RE.1.
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RE.10
16517
Commissioners
and Mayor
RESOLUTION
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-24-0354
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number RE.10, please see Item
Number RE.5.
Note for the Record: For minutes referencing Item Number RE.10, please see Item
Number RE.7.
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RE.11
16516
Commissioners
and Mayor
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING, AUTHORIZING, AND DIRECTING
THE CITY MANAGER TO UNDERTAKE THIS AMENDMENT IN
ORDER TO ADD TO AND TO REVISE CAPITAL PROJECTS 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 ("ADOPTED
CAPITAL PLAN"), AS SUBSEQUENTLY AMENDED,
APPROPRIATING FUNDS FROM THE DISTRICT 3
COMMISSIONER'S SHARE OF THE CITY OF MIAMI'S ("CITY")
MIAMI FOR EVERYONE ("MFE") PROGRAM IN A TOTAL AMOUNT
NOT TO EXCEED TWO MILLION, FIVE HUNDRED THOUSAND
AND 00/100 DOLLARS ($2,500,000.00) TO THE RUBEN DARIO
PARK PROJECT, PROJECT NO. 40-B223404, SUBJECT TO
APPLICABLE REQUIREMENTS OF ALL FEDERAL, STATE, AND
LOCAL LAWS, INCLUDING THE CHARTER OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, AND CODE OF THE CITY OF
MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE, ANY AND ALL DOCUMENTS,
INCLUDING, BUT NOT LIMITED TO, AGREEMENTS,
AMENDMENTS, MODIFICATIONS, AND MEMORANDUM OF
UNDERSTANDING, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, NECESSARY FOR THE PURPOSES STATED
HEREIN; 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; AUTHORIZING THE CITY MANAGER AND OTHER
APPROPRIATE OFFICERS, EMPLOYEES, AND AGENTS OF THE
CITY AS STATED HEREIN TO TAKE SUCH ACTIONS AS MAY BE
NECESSARY TO CARRY OUT THE PURPOSES OF THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: R-24-0359
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number RE.11, please see Item
Number RE.1.
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RE.12
16168
Commissioners
and Mayor
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING AND AUTHORIZING THE
RATIFICATION OF THE SECOND AMENDMENT TO THE 1996
INTERLOCAL AUTHORIZING COOPERATION AGREEMENT
("SECOND AMENDMENT ILA"), ATTACHED AND
INCORPORATED HEREIN AS EXHIBIT "A" BETWEEN MIAMI-
DADE COUNTY ("COUNTY"), THE CITY OF MIAMI ("CITY"), AND
THE OMNI REDEVELOPMENT DISTRICT COMMUNITY
REDEVELOPMENT AGENCY ("OMNI CRA") IN ORDER TO
EXTEND THE LIFE OF THE OMNI CRA TO 2047; THE CITY
MANAGER TO NEGOTIATE AND EXECUTE THE SECOND
AMENDMENT ILA, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, AND TAKE ANY AND ALL NECESSARY ACTIONS
CONSISTENT WITH THIS RESOLUTION; FURTHER DIRECTING
THE CITY MANAGER TO WORK WITH THE EXECUTIVE
DIRECTOR OF THE OMNI CRA TO ENSURE A COPY OF THE
SECOND AMENDMENT ILA IS TRANSMITTED TO THE COUNTY
FOR REVIEW, APPROVAL, AND ACCEPTANCE; PROVIDING FOR
AN EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Joe Carollo, Commissioner
SECONDER: Miguel Angel Gabela Joe Carollo, Commissioner
AYES: King, Carollo, Gabela
NAYS: Pardo, Reyes
Note for the Record: Item RE.12 was continued to the October 10, 2024, City
Commission Meeting.
Note for the Record: For additional minutes referencing Item Number RE.12,
please see "Public Comments for all Item(s) , Item Number RE.5, and Item
Number DL2.
Chair King: Commissioner Gabela, are -- would you like to pull any CA (Consent
Agenda) items for discussion?
Commissioner Gabela: The -- I'm sorry, carried away by my wife here.
Chair King: I know, it's very emotional.
Commissioner Gabela: Very emotional.
Chair King: I'm in tears.
Commissioner Gabela: Did we ever --
Chair King: I went to Santa Clara.
Commissioner Gabela: What's that?
Chair King: I went to Santa Clara Elementary.
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Commissioner Gabela: I did.
Chair King: Me too.
Commissioner Gabela: Thank you.
Vice Chair Carollo: Well, while you're at it, let me compliment you --
Commissioner Gabela: Thank you.
Vice Chair Carollo: -- because your wife is representing you well.
Commissioner Gabela: Thank you very much.
Vice Chair Carollo: She spoke from the heart.
Commissioner Reyes: She is.
Commissioner Gabela: Thank you.
Vice Chair Carollo: And to all of the people that are here from Allapattah, 1 can see
that you all are real. You believe in what you're here for. I can only assure you my
vote here, you will have my vote in whichever way to bring the monies that Allapattah
needs. We have, for many years, through CRAs, taken care of other parts of Miami.
Allapattah has been the most forgotten one. 1 represent --1 used to represent all of
Little Havana, now I represent most of it. But even Little Havana, with all the needs
that it has, it's nowhere near the needs that Allapattah has right now. And the needs
you have there is not the needs of 5 or 10 or 15 or $20 million. You have real needs.
And this City has an obligation to make a real difference there. Commissioner Reyes
has always stated what I have. I came from the days that you run for a commissioner,
you ran citywide.
Commissioner Reyes: Yes.
Vice Chair Carollo: So, when I first became a commissioner at 24, probably younger
or around the age of some of the people here, I ran citywide. And all the other times
that I got elected, I was elected citywide. It wasn't until I ran now for district and re-
elected, but I ran for district. When I was mayor, it was citywide. And Commissioner
Reyes has stated, because he goes back to those years, that even though we represent
districts, we have an obligation to the whole city.
Commissioner Reyes: Absolutely.
Vice Chair Carollo: And Allapattah has to be next in line. Allapattah cannot be the
forgotten part of the city any longer. And I will do everything that I can to support
Commissioner Gabela in getting sufficient funds to make Allapattah into what all of
you want to see it. CRAs, they work. All you have to do is look at the Omni CRA. The
gentleman that came here from Venetian, he hit it right in the head. What a difference
it made. You go through the Omni CRA, for the most part, it's a very luscious
neighborhood. The money made the difference. But it was 24 years of getting those
dollars and still has 6 more years into the life. So, I compliment all of you because I
saw people here that are the real Miami, talking from the heart. I saw some of you
that tears came out from your eyes. Those are real tears. Those are not tears of
actors, like I've seen sometimes, those are real tears from real people, and God bless
all of you.
Commissioner Reyes: Madam Chair?
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Chair King: Hold on one second. Commissioner Pardo, are there any items front the
Consent Agenda that you would like to pull for discussion?
Commissioner Pardo: No, and I'll continue reserving my comments.
Chair King: Commissioner Reyes, any items you would like to pull for discussion?
Commissioner Reyes: For discussion from the CAs?
Chair King: CAs.
Commissioner Reyes: No, but I want to make a comment because it touched me a lot
when I saw Commissioner Gabela wife being so emotional about it. 1 didn't quite
understood why, butt am -- I have to tell you and congratulate you because she has
represented you well every time that we have met in any other functions that we have,
she has represented you well.
Commissioner Gabela: Thank you.
Commissioner Reyes: And also, I want to make sure that for a long, long time, I've
been asking for a CRA for Allapattah. But, but, 1 must remind you guys that it is not as
easy as it is said. But what my commitment is to find a way, a way that investments
that take place in Allapattah, the additional taxes of the TIF (Tax Increment Fund)
remain within Allapattah, in certain areas, because nobody is going to approve 2,700
acres of a CRA. Nobody is going to approve that. So, have some corridors that they
are -- can produce -- that they could spend their additional income, their additional
revenues, into, I mean, I would say earmark them for street,, for drainage, for
affordable housing, et cetera, et cetera. And it's my commitment to try to find a
solution, because Allapattah, and I used to say that, and I used to tell this to Mr.
Urra, who is a very good friend of mine, and we worked together, that Allapattah
definitely was the (UNINTELLIGIBLE) dumpster of the City of Miami. When they
built the Camillus House, they built before that, they have the prisons for women, they
have Camillus House. The dump, City dump is in Allapattah. Everything is in
Allapattah. So, it's about time that we start helping Allapattah in whatever it takes. I
don't think it is going to be -- I'm going to be very honest, I am very, blunt and very
honest, it cannot be under an extension of the Omni CRA because it is not a -- I mean
we cannot decide that by ourselves, but it's also the County. But we can, by ourselves,
make decisions. What are we going to do with additional fimds that are going to be
created in Allapattah, in certain area, and how could be -- remain those -- those funds
remain in Allapattah for specific use. And I'm willing to work with you, Mr. Gabela,
and at any time that we can sit down and talk about it, and I believe that there is a
consensus in this commission to help you. I commend you for this initiative. I really
commend you. Although we don't agree in the way that it's going to be done, but we
agree that something has got to be done and it's going to be done, okay? So, I just
wanted to say that.
Commissioner Gabela: Can I?
Chair King: Yes, Commissioner Gabela.
Commissioner Gabela: First I want to thank my wife. That's why I love you, honey.
You know, thank you for showing up. Let me concentrate my efforts here. So, I want to
start by saying thank you all for coining. It shows you have an interest in your district,
and this hasn't been seen for a long time. So, thank you from the bottom of our hearts.
My wife and I, my family, thank you. I think we all thank you up here, absolutely, you
know, for you caring, for your neighborhoods and your. fellow brothers and sisters, so
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thank you. But what 1 want to say is, had 1 not raised this issue of the CRA as it's
wanted to be done with the timeframe, without the boundary extension, we're going to
be forgotten, is the actual fact. The only reason that we're here is because the CRA
was talked about because something happened last year, you know, that happened,
and it was here. And it didn't happen in your area, you know, because somebody
asked me, why don't you go and ask Chairwoman King for Southeast Overtown/Park
West? And I'd say, that's wrong because that would be the poor taking from the poor.
Your area needs it as much as mine, as much as other areas, also Carollo's area --
also needs it. There's plenty to go -- plenty in needs. But having said that, I want to
point out to the commissioner's comment right now of the 27 -- I think he said 2,700
miles, or the square miles oft don't know, I lost the number. That's why I've been
trying to negotiate and have a Sunshine with all of you for a month now. That's why I
said 1 would be, from day one I had a proposal. This is my map, my proposal, okay? It
cuts the area in half that originally was sought for. Last year, this is the map right
here, I want to show you all. It cuts that area. If you see the area, if you see the area,
the Allapattah, the CRA (INAUDIBLE) last year with all this area here. okay, all this
area (INAUDIBLE). We have cut this down, okay? So, the Omni CRA area as was
proposed last year, okay, and passed was all this area here in blue, okay, and then
this is Omni portion of it, the one in yellow, I'm sorry. This is the Overtown/Park
West. I have cut -- I saw that -- and. from the beginning, that I asked you gentlemen
and ladies, Chairwoman, to ask you guys for a Sunshine meeting to discuss the
boundaries. This is what 1 intended all along, but I never got the meeting so 1 could
never show you. I said, you know what, it's time to show it. And this is completely
different from my predecessor who sat here, you know, and did this whole mess that
he created. But while we were talking about it, you know, it wasn't a bad idea in the
sense that we're not looking for the whole area. We have given back 40 to 45 percent
of the square mile of the area, I'm sorry, of the area. We're looking for this area here,
which are the needs, the 7th Avenue corridor up to 19th Avenue, all the way up to
36th Street. And bottom line, what I wanted to show, that we are prepared to
negotiate, but nobody has come to the negotiating table. Having said that, having said
that, okay, having said that, no, I cannot in good faith pass the Omni CRA as it stands
on the extension of the time, because then what will happen is our area will be
forgotten, they will have gotten what they wanted, they will continue to improve their
area, which I contend that 85 percent of their area has been improved. I congratulate
you. Mission accomplished, okay? Mission accomplished. And Ijust want to say also
this. When -- when we had that meeting last Saturday, we learned, I think
Commissioner Carollo asked, where were we spending those tax dollars of the Omni
CRA in 24 years? And we learned that it was spent elsewhere other than Overtown,
their section of Overtown, and my -- I think I'm correct in what Isiaa said. Now is
when they're going to start to spend their money in their Overtown, their portion of
Overtown, never mind ours. So, in goodfaith, Commissioner Reyes, and I know you
have a good heart, and in goodfaith, Commissioner Pardo, I know you also have a
good heart, I cannot go along with this, you know, and it wouldn't be right for us to
go along with this, because what you're asking is to take care of your problem, vote
me -- you know, vote for our stuff let's get the timespan so we can have another, let's
see, 2047, that would be 17 years, and you've got 6 left. That's 23 years in total that
you have, I understand, for a bonding capacity, I understand about finance, I'm a
business guy, I know about the numbers, okay? But here's the thing, you guys are
going to solve your problem, okay? And we're going to stay where we are today,
ladies and gentlemen. Don't let yourselves be fooled. This, anything that's done to
expand the CRA, and again, I proffer this as goodwill, that I am not ambitious. I've
been called -- the Miami Herald, Political Cortadito, and others think that every time
there's going to be an important issue, okay, they're going to somehow coward me, or
bully me, into voting one way or the other. In particular, it was said now that am
now, you know, the -- I am now like my predecessor that sat here that was arrested on
corruption charges and is now awaiting trial.
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Chair King: Commissioner Gabela.
Commissioner Gabela: And 1 do have -- no, no, no, I'm talking, and I have said the
truth.
Chair King: Yes. Yes.
Commissioner Gabela: I have stated the truth, and this is public information.
Chair King: But I'm asking the public --
Commissioner Gabela: So, Pm not saying anything new. But however, since I'm being
attacked, let me make it clear that, Commissioner Pardo, when 1 have to vote with you
because the item is right, I will vote with you, sir. And Commissioner Carollo, when I
have to vote with you because your item is correct and it merits it, I will also do the
same. I don't want the Miami Herald, or anybody else, any entity, thinks that they're
going to bully me, okay, every time there's an item on your item, sir, for District 2,
that somehow, they're going to control me, they're going to control me before the
event. This has happened in the past with the sign business that, for me, honestly
speaking, I had, you know, my people, they didn't care if fthe sign stayed or went. And
this is the funny part, what you guys are, you know, concentrated and concerned
about. You guys for two or three months had a big problem with a sign that some of
them, they could have put a curtain and blacked out, but they needed that sign gone
because that's what affected them. They made a big deal about that. Meanwhile, in
our section, at 7 o'clock at night on the Northwest 7th Avenue corridor or 17th
Avenue, you know what we're concerned about? Our families concerned about going
to the grocery store and not get mugged and not get robbed. This is the difference, sir,
when I say that you guys have already improved your district, and congratulations to
you, because I'm happy because I like progress. I am a businessman; I am a
capitalist. By all means, you know, I like money like everybody else and I like
progress, okay? Good for you. 85 percent completed, mission accomplished for you.
But now it's our turn, sir. Now its our turn. You know, and by the way, exactly why
was it ending in 2030? Because they expected that 20, 30 years would be enough to
get that place in order, and they have. And they have. And that's why it sunsets in
2030. But we failed to mention that it sunsets in 2030 because they've accomplished
the mission, and that was the mission. Now they want to continue to 2047, because
they want to continue the party. And their concern is such things as climate change
and building a seawall. Well, I'm concerned about that too. When we have the money,
we can all, you know, have both things. But here's the problem. You know, the
flooding, the big flooding issues, you know, that we have it three or four times a year,
we can have a real bad one maybe one time, I don't know how many years, five, but
you know what? Every single day in Allapattah, we have a problem with crime, we
have a problem with homelessness, and everything else that goes along with it. And
what you guys are asking is, oh, let me fix my climate problem over here. Let me fix
that. Let me now start to work on the Overtown CRA. Well, you guys, and by the way,
you're not to blame for this because you weren't there. Let me make that clear. You
were not there, okay? But they had 24 years, people, to invest in their Overtown and
they did not. In their own Overtown, they did not. And now you guys expect me to go
along with this fiasco here? And oh yeah, let's get this, let's get them fixed. Let's
extend their 2047. But we're going to wait, okay? No, no, we negotiate on this. We
don't -- we don't -- respectfully, sir, we don't get that done until something is put
together and this is taken care of. And by the way --
Chair King: Commissioner, Commissioner, I believe we --
Commissioner Gabela: Can I -- everybody else spoke --
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Chair King: Listen, I let -- let me speak.
Commissioner Gabela: Alright.
Chair King: I let everybody speak. All I asked was if anyone wanted to pull a Consent
Agenda item for discussion. What you are saying is coming up. There's an item on --
Commissioner Gabela: Okay, can I just finish?
Chair King: -- let me -- let me finish.
Commissioner Gabela: Alright.
Chair King: What you are saying is -- there's an item on the agenda that will address
what you have just said. I didn't interrupt you because --
Commissioner Gabela: Okay.
Chair King: -- everyone has spoken, and I don't want you to --
Commissioner Pardo: Except me.
Chair King: -- except Commissioner Pardo, and I don 't want you to --
Commissioner Gabela: Got it.
Chair King: -- say I let everyone speak and I didn't let you have a chance to speak.
So, gentlemen, I am asking you, when I ask a question, because Commissioner Reyes,
you went and you started talking aboutAllapattah and the CRA, and Commissioner
Carollo. That is an item on the agenda. We can speak about it when we get to it. I am
asking now -- I'm going to have to let Commissioner Pardo say something if he would
like to --
Commissioner Gabela: Wait a minute, I haven't finished. I have not finished, and I
want to finish.
Chair King: And, and --
Commissioner Gabela: I want to finish.
Chair King: -- and our City Clerk is going to put the timer on, five minutes --
Commissioner Gabela: Very good.
Chair King: -- for each.
Vice Chair Carollo: (INAUDIBLE).
Chair King: I understand, it's why I'm trying to get to our agenda. We're not going to
take a three-hour lunch because we have a long --
Vice Chair Carollo: Take breaks at noon.
Chair King: Yes, I understand.
Vice Chair Carollo: So, what -- what time can we come back?
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Chair King: We're not --1 don't want to take a break right now. Let us get some work
done. Let us get some work done. Let us go at least 'til 12:30. We can clean -- get
some of the items that are not controversial and come back. Commissioner Pardo, do
you have something to say?
Commissioner Pardo: I do. I feel like I do really need to say something at this point.
What I want to say is, first of all, thank you guys for coming out. Our district, we do
everything about engagement. That's why we do Zoom calls. We love it. Please keep
coming back. Keep paying attention to the agenda. My colleague, Commissioner
Gabela, 1 commend you. Fantastic for your engagement, boots on the ground, and
your wife and everyone on your team.
Commissioner Gabela: Thank you.
Commissioner Pardo: What I'd like to say is this. We do not need to be pitting one
community against another. We have the ability and the funds and the structures to
take care of all of us. We don't need to do this and that. I love Little Havana. I've done
festivals there for eight years. I grew up there. I love Allapattah. Igo through there all
the time on my bike. Little Bahamas, as a child, I slept over there. I went to St. Hugh's
School. This is my Miami. And like my colleagues, it's about all of -Miami. The item,
RE.12, is a simple ratification. It's an acceptance of something that has already been
approved at the county level, at our level, and it allows us to claim our capacity. You
can think about it like as if you had a check that was endorsed and it's on your desk
and it's not earning interest. You're just sitting on that check, and waiting. And while
you wait, you lose the opportunity of that interest. So, while we wait to pass this
extension, we lose $500,000 in bonding capacity every month. We've been doing this
since 2020. We've lost $24 million in capacity since 2020. We were not here during
this whole time, but we are here now, and we've been here since January. And thank
you, Isiaa Jones, Executive Director of Omni CRA. We have been here, and yes, it's
shameful that for a CRA that has been around since 1987 -- and by the way, that's
why you see some pretty tall buildings, beautiful spaces over here, that's normal. Park
West is a different area than parts of Overtown. That's all normal, but it does not
mean that we don't have work to do. It's shameful that since 1987, we have only
invested 6 percent over that whole time, 6 percent, in our portion of Overtown, and
we have 40 percent of Overtown in Omni CRA. There is so much to do, and we don 't
have enough to do it with. So, taking from Peter to pay Paul does not make sense. We
have already said we're incredibly committed to Allapattah, and we want to fund it.
And I will be the first to vote for that. So, you know, let's keep doing it, keep coming
out. We can do everything. We don't need to pit one area against another. Thank you,
ma'am.
Chair King: Thank you. And I'm going to allow Commissioner Gabela to say a few
more words and then we're going to get to the consent agenda items.
Commissioner Gabela: Thank you very much, Madam Chair. I promise I'm going to
be brief not more than five minutes. So, to -- he's correct. We don't need to be pitting
each other against each other. This is not the idea here. Okay, but here's the thing.
When he says that let's get this done and then there's another way to do ours, they
have theirs in black and white. We're not going to get ours in black and white because
what's going to happen is they're going to forget because they got what, you know,
what they wanted and then they'll move on. And then this item here, there'll be no
leverage. There will be no leverage because they got their way, and this item will be
forgotten. Okay, and then I want to say something else for the record. I have vastly
improved this from what it was in July of last year. I offered that as, you know, as
being, you know, what Reyes is saying, being, you know, prudent and realizing that
my predecessor, you know, wanted -- was very greedy in this and I understand that,
and wentfor a whole swath of area and created this mess. This is Gabela's Proposal,
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my proposal, okay? Don't put his name on my stuff anymore, okay? 1 asked the Herald
to do it and everybody else because I am Miguel Angel Gabela. I was elected in
December 2nd of 2023, excuse me, when 1 took office, okay? This is a radical
difference -- proposal that was passed last year, okay? And what I'm saying to you all
is we've got to get real here. There's nothing -- you guys have it in black and white,
and if we pass this, you guys have it in black and white. Meanwhile, you're asking me,
for my people, to take the word, but you know what? When you ask him, okay, how
are we going to fund it? Are we going to do a bond rating? Which I asked, by the way,
Larry Springs [sic], and everybody, nobody gives it to you black and white. No, no,
trust us, trust us, and trust us. No, I don't trust. 1'in like Ronald Reagan. I grew up
with Ronald Reagan when I was a kid. Trust, but verify with the Soviet Union. And
this is the same thing. Trust, but verify. We are no longer going to stand for promises
of unbroken promises. When they put the Camillus House, my wife was crying, but
what she was saying is I used to be on the Zoning Board when 1 was 36 years old, in
2006, I served for seven years, and to be very brief I was against Camillus House
because I knew what was going to happen. They would forget about us, and they did. I
got fired for that, by the way. I had to resign because of that, because of my
principles, okay? So, but I am pleading with you gentlemen, okay, no, this cannot be -
- we cannot give you the extension until this matter is taken care of in black and
white. Whether it be a bond issue or anything else, whatever it is that we come up
with, Manolo, then we do it. You know, because this is just -- otherwise this is just lip
service. You know, this is just lip service if we turn a blind eye. Thank you.
Chair King: Thank you.
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RE.13
16515
Commissioners
and Mayor
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING, AUTHORIZING, AND DIRECTING
THE CITY MANAGER TO UNDERTAKE THIS AMENDMENT IN
ORDER TO ADD TO AND TO REVISE CAPITAL PROJECTS 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 ("ADOPTED
CAPITAL PLAN"), AS SUBSEQUENTLY AMENDED,
APPROPRIATING FUNDS FROM THE DISTRICT 3
COMMISSIONER'S SHARE OF THE CITY OF MIAMI'S ("CITY")
MIAMI FOR EVERYONE ("MFE") PROGRAM IN A TOTAL AMOUNT
NOT TO EXCEED ONE MILLION, FOUR HUNDRED FIFTY-THREE
AND 00/100 DOLLARS ($1,453,000.00) TO THE NEW WOODSIDE
MINI PARK PROJECT, PROJECT NO. 40-B193517; SUBJECT TO
APPLICABLE REQUIREMENTS OF ALL FEDERAL, STATE, AND
LOCAL LAWS, INCLUDING THE CHARTER OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, AND CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, FOR SAID PURPOSE; AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE, ANY AND ALL
DOCUMENTS, INCLUDING, BUT NOT LIMITED TO,
AGREEMENTS, AMENDMENTS, MODIFICATIONS, AND
MEMORANDUM OF UNDERSTANDING, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, NECESSARY FOR THE
PURPOSES STATED HEREIN; 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; AUTHORIZING THE CITY MANAGER
AND OTHER APPROPRIATE OFFICERS, EMPLOYEES, AND
AGENTS OF THE CITY AS STATED HEREIN TO TAKE SUCH
ACTIONS AS MAY BE NECESSARY TO CARRY OUT THE
PURPOSES OF THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
ENACTMENT NUMBER: R-24-0360
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number RE.13, please see Item
Number RE.1.
END OF RESOLUTIONS
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SR - SECOND READING ORDINANCES
SR.1 ORDINANCE Second Reading
16136
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE IV/DIVISION 2/SECTION 2-211 TITLED,
"ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING, AND
ZONING DEPARTMENT/DENIAL OR REVOCATION OF
CERTIFICATE OF USE," TO CONFORM SECTION 2-211 TO THE
MOTION APPROVED BY THE CITY COMMISSION AND TO
REMOVE LANGUAGE RELATED TO REPEAT OFFENDERS;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
ENACTMENT NUMBER: 14303
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Chair King: Mr. City Attorney, while we are -- while I'm waiting for my colleagues to
finish their review, would you please read the second reading item titles in for the
record? That would be SR.1, SR.2, and SR.6. Oh, SR.2 -- 1, 2, 4, and 6, please.
George Wysong (City Attorney): Yes, ma'am.
Commissioner Gabela: SR. 1, SR.2?
Chair King: Uh-huh. Those are SR. 1, 2, 4, and 6.
Mr. Wysong: Alright. SR. 1.
The Ordinance was read by title into the public record by the City Attorney.
Mr. Wysong: SR.2.
The Ordinance was read by title into the public record by the City Attorney.
Mr. Wysong: SR.4.
The Ordinance was read by title into the public record by the City Attorney.
Commissioner Gabela: I'd like to pull for discussion SR.4.
Todd B. Hannon (City Clerk): Chair, I'm sorry. There's one more title, SR.6.
Vice Chair Carollo: I'd like --
Mr. Hannon: Mr. City Attorney, there's one more title to be read into the record,
that's SR.6.
Mr. Wysong: Thank you, Mr. --
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Vice Chair Carollo: Chair, if1 may? RE.10, I'm going to need more explanation on it.
It just seems like it's too much.
Mr. Wysong: And SR.6.
The Ordinance was read by title into the public record by the City Attorney.
Mr. Wysong: That's the end of the second --
Chair King: Thank you.
[Later...]
Chair King: At this time, I'm going to ask my colleagues if they would like to pull for
discussion any of the SR (Second Reading) items still on the agenda. That would be
SR.1, SR.2, SR.4, and SR.6.
Commissioner Gabela: 4.
Chair King: Commissioner Gabela would like to pull 4 for discussion.
George Wysong (City Attorney): Madam Chair, a substitution of SR.2 was distributed
via the Agenda Office. The title is a little bit different. I would like, if it's okay, to read
the title for the substituted SR.2.
Chair King: Please.
Mr. Wysong: Thank you.
The Ordinance was read by title into the public record by the City Attorney.
Mr. Wysong: Thankyou, Madam Chair.
Vice Chair Carollo: We could pull SR.3.
Chair King: SR.3 has been deferred until 9/27 meeting.
Vice Chair Carollo: Can I --? Alright.
Chair King: It's been deferred.
Vice Chair Carollo: Alright, I missed that one. I thought it -- okay. It's a lot of stuff
we got in that meeting. I think it would be best if we could try to bring it to the
meeting of the loth.
Chair King: We could defer it on the 27th again.
Vice Chair Carollo: Okay, alright.
Chair King: Okay. Any others? Any other items of the second reading items anyone
would like to pull for discussion? Seeing none, may I have a motion for SR. I, SR.2,
SR.6?
Commissioner Gabela: Motion.
Chair King: I have a motion. Do I have a --?
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Commissioner Reyes: (INAUDIBLE).
Mr. Wysong: Sorry, we have one other thing. On SR.2, due to the significant change
to the legislation, it's going to revert -- this will be the first reading, so it's reverting
back to first reading with this new title and new legislation.
Commissioner Reyes: (INAUDIBLE).
Mr. Wysong: That's SR.2.
Chair King: SR.2 will be FR (First Reading) --
Commissioner Reyes: Okay.
Chair King: -- what?
Mr. Hannon: That's okay, you can just call it first reading.
Chair King: Just call first reading. Okay. So, I have a motion. Do I have a second?
(COMMENTS MADE OFF THE RECORD)
Chair King: Second.
Commissioner Reyes: SR.1 and 2?
Chair King: Yes. So, it's --
Commissioner Reyes: Second.
Chair King: -- SR.1, FR, and SR.6. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
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SR.2 ORDINANCE First Reading
16311
Commissioners
and Mayor
AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE X/SECTION 2-817 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"ADMINISTRATION/CODE ENFORCEMENT/ADMINISTRATIVE
COSTS, FINES; LIENS," TO AMEND AND PROVIDE FOR THE
CODE ENFORCEMENT BOARD OR SPECIAL MAGISTRATE TO
CONSIDER ALL MITIGATIONS OF CODE ENFORCEMENT LIENS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
MOTION TO: Pass on First Reading with Modification(s)
RESULT: PASSED ON FIRST READING WITH MODIFICATION(S)
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: Significant changes were made to agenda item SR.2 (file no.
16311) which required the second reading ordinance to revert back to a first
reading ordinance. As a result, agenda item SR.2 was passed on first reading with
modifications.
Note for the Record: For minutes referencing Item Number SR.2, please see Item
Number SR.1.
SR.3 ORDINANCE Second Reading
16177
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 40/ARTICLE IV/DIVISION 4 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF
MIAMI ELECTED OFFICERS RETIREMENT TRUST"; MORE
PARTICULARLY BY AMENDING SECTION 40-296, TITLED
"APPLICABLE BENEFITS"; CONTAINING A SEVERABILITY
CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: Item SR.3 was deferred to the September 26, 2024, City
Commission Meeting.
Note for the Record: For minutes referencing Item Number SR.3, please see
"Order of the Day."
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City Commission
Meeting Minutes September 12, 2024
SR.4 ORDINANCE Second Reading
15913
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE III OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED
"ADMINISTRATION/OFFICERS," BY CREATING NEW DIVISION
5/SECTION 2-160 TO CREATE THE OFFICE OF INSPECTOR
GENERAL; PROVIDING MINIMUM QUALIFICATIONS,
APPOINTMENT AND TERM OF OFFICE; PROVIDING THE
FUNCTIONS, AUTHORITY AND POWERS; PROVIDING FOR
ADMINISTRATIVE STAFF; PROVIDING A PROCEDURE FOR
FINALIZATION OF REPORTS AND RECOMMENDATIONS;
CONTAINING A SEVERABILITY CLAUSE; AND 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 SR.4 was continued to the October 10, 2024, City
Commission Meeting.
Note for the Record: For additional minutes referencing Item Number SR.4,
please see Item Number SR.1.
Chair King: Mr. City Clerk, do you have any board appointments?
Todd B. Hannon (City Clerk): My apologies, were we going back to SR.4?
Commissioner Reyes: SR.4, ma'am. It was pulled by Commissioner Carollo.
Chair King: Oh, it was pulled for discussion.
Commissioner Gabela: Yeah.
Chair King: I'm sorry. That's right. I didn't circle it, sorry.
Commissioner Gabela: No problem.
Chair King: Who would like to start the discussion on SR.4? Who pulled it?
Commissioner Gabela: I pulled it.
Chair King: Commissioner Gabela.
Commissioner Gabela: All right. So I want to know how, what, who, when. In other
words, I want to know how the mechanics of this thing is going to work. For
example, who will say to the inspector general, investigate this? Who will not? I'm
just curious. I'm not knocking anything down. I just want to know the rules of the
game so we know what we're doing here.
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Commissioner Reyes: According to (UNINTELLIGIBLE) the inspector general
works and he has the authority to start investigations if he considers that it is -- 1
mean, it should be done. Also if there is a complaint from any citizen, that it should -
- he has the authority to do it. And the, for example, contracts that they are
questionable, he would have the authority to do it. He's totally independent. That's
what it is. It is totally independent. Doesn 't have to deal with the administration or
us. It is in order to bring transparency and to do away with that cloud of corruption
that have been hanging on the city, this individual, whoever is chosen, which by the
way is not going to be picked by us, it's going to be picked by a panel, which is the
state attorney, the --
George Wysong (City Attorney): U.S. attorney for the Southern District of Florida.
Commissioner Reyes: That's right.
Mr. Wysong: The state attorney, the -- hold on, let me get you those.
Commissioner Reyes: That's right. It is the Public Defender's Office.
Mr. Wysong: Yes.
Commissioner Reyes: And also, I think it is the sheriff. 1 mean, somebody -- or the
appointee. They will appoint somebody for that. And that's the way, Mr. Gabela, that
is going to work. And it is about -- I mean, it is past --
Commissioner Gabela: So, if somebody, George, if somebody would call and say --
they would -- they would make an anonymous complaint, right, or whatever, would
that be valid or would the person have to identify themselves?
Mr. Wysong: Well, that would be to -- so, like Commissioner Reyes is saying, the
power to investigate will be with the independent inspector general. So, they would
take that information and choose to decide to investigate or not. So, they could
accept anonymous complaints, but they would have to -- you know, it would be their
policy as to how they handle anonymous complaints.
Vice Chair Carollo: Alright, let me go right to the point. Chair, I'm sorry.
Chair King: Hold on a second.
Vice Chair Carollo: Yeah.
Chair King: You're recognized, Vice Chair.
Vice Chair Carollo: Thank you. Let me go to the point. We don't want any inspector
general not to be able to investigate anything that he feels he should. But what
Commissioner Gabela brought up, we put the orders and how to go about it. You
cannot have a situation where anybody anonymous can lodge a complaint hiding.
Here comes the Miami Herald tabloid editorial. You get the paid bloggers jumping
in, or maybe even before the tabloid. And then you get Radio Havana in the morning
with those fine, upstanding, virtuous individuals, like the one that used to get a
paycheck when he worked at a certain radio, excuse me, TV station, and he had to
use somebody else's Social Security number because he wasn't allowed to work yet
here. And I could go on. So, the bottom line is that we have to establish that if
anybody from the public wants to file a complaint, they need to do it under oath with
the allegations they want to make.
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Meeting Minutes September 12, 2024
Commissioner Reyes: I have nothing against that. 1 have nothing -- I would like to
exclude any anonymous, okay.
Chair King: Commissioner Reyes.
Commissioner Reyes: I would like to exclude any anonymous complaint.
Chair King: I believe that is the way it's set up in the Miami -Dade County.
Commissioner Reyes: That's right.
Chair King: It cannot be an anonymous complaint. It has to be --
Conmaissioner Reyes: This is a copy of Miami -Dade County.
Chair King: It has to be a sworn complaint.
Commissioner Reyes: You see, and that's right. I agree with that because that -- and
I'm sorry I didn't thought about that before, because that gives a place to anybody
just for the heck of it and wasting the time, but that doesn 't preclude the
independency of --
Vice Chair Carollo: Exactly.
Commissioner Reyes: I mean, doesn't do anything on the independency of -- and I
accept that. Mr. City Attorney, you take note, please.
Mr. Wysong: Yes, sir. Well incorporate no anonymous complaint.
Commissioner Reyes: Okay, that's it. And I move it now.
Vice Chair Carollo: Okay, with that amendment.
Commissioner Reyes: With that amendment, okay.
Chair King: I have a motion.
Vice Chair Carollo: Nothing anonymous from anybody.
Commissioner Reyes: That's right.
Commissioner Pardo: Second.
Chair King: It has to be a sworn complaint.
Mr. Wysong: Yeah, and let me just --
Commissioner Reyes: (UNINTELLIGIBLE).
Chair King: It cannot be an anonymous complaint. It has to be a sworn complaint.
Mr. Wysong: Let me just read how it reads now. The inspector general shall have the
power to review and investigate any citizen 's sworn complaints on a form --
Commissioner Reyes: Absolutely.
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Meeting Minutes September 12, 2024
Mr. Wysong: -- acceptable to the inspector general regarding City programs,
agencies, contracts, transactions, officials, or employees. If you want me to add, they
shall not accept any anonymous complaints, we can add that too.
Vice Chair Carollo: I would go further.
Mr. Wysong: Okay.
Vice Chair Carollo: Citizens, employees, elected officials.
Chair King: All.
Commissioner Reyes: Anybody.
Vice Chair Carollo: Everybody.
Chair King: It should just be all complaints must be sworn.
Mr. Wysong: Okay.
Vice Chair Carollo: Exactly.
Chair King: It cannot be anonymous. All complaints.
Commissioner Reyes: Yes.
Mr. Wysong: We'll make that change.
Chair King: So, we -- whoever would have a right to confront their accuser.
Commissioner Reyes: And the independency is that they don 't have to ask us to do it.
Vice Chair Carollo: The other area of concern is --
Commissioner Reyes: (UNINTELLIGIBLE).
Vice Chair Carollo: -- I don't want to be in a situation where bloggers are being
used as proxies, the tabloid is being used as a proxy, a radio program is being used
as a proxy, and then we're going to have the inspector general, based on any kind of
rumor, allegation, is going to be running to do investigations.
Commissioner Reyes: That is -- that is -- I expect that the inspector general, whoever
it is, will be professional enough not to pay attention to those things and to have a
complaint, a valid complaint, or that most of them, if there is a contract that is
questionable or whatever it is, that they should be -- make the right decision, you
see? I mean, you don't want to tie the hands up, because how about if somebody
makes a complaint, and then the radio station gets it and --
Vice Chair Carollo: Yeah, but they made the complaint.
Commissioner Reyes: It was a valid complaint.
Vice Chair Carollo: They swore -- it's a sworn complaint.
Commissioner Reyes: But then you cannot take -- you cannot take the independency
of them that, just like in the county, of them going into an investigation because it
doesn't look good or because it is --
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Meeting Minutes September 12, 2024
Vice Chair Carollo: That's not whatl'm talking about.
Commissioner Reyes: That's what you're saying, sir.
Vice Chair Carollo: No, no, what I'm talking about is --
Chair King: Excuse me, excuse -- sir.
Commissioner Reyes: Okay.
Chair King: Gentlemen, gentlemen, it seems as if there is some unreadiness with the
language and I'd like to defer this so that you can go over the details of this again
with all of us, Mr. City Attorney. Do I have a notion to defer?
Vice Chair Carollo: A motion to defer.
Commissioner Gabela: Motion -- second.
Chair King: I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
Vice Chair Carollo: Furthermore --
Todd B. Hannon (City Clerk): When are you deferring it to?
Commissioner Reyes: Against --
Vice Chair Carollo: October --
Chair King: October 10 -- October 1.
Commissioner Reyes: Against? No. I'm voting against deferring this because this
was clear, 80 percent of the people voted for it, and they read, really, that, I mean, it
was clear to them.
Chair King: I -- yes, I agree with you.
Commissioner Reyes: It was clear to them.
Chair King: I agree with you, Commissioner Reyes, but the two of you are going
back and forth.
Commissioner Reyes: No, no, I agree with you.
Chair King: And this --
Commissioner Reyes: But listen, this is an uncalled, unnecessary type of discussion.
It is. It is. I mean, I'm too old to be falling in these games, you see?
Chair King: Well, right, but Commissioner Reyes, let me say that, you know, making
it clear that it's not --
Commissioner Reyes: Ma'am, ma'am --
Chair King: -- anonymous complaints.
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Meeting Minutes September 12, 2024
Commissioner Reyes: -- there is an extension. Let's do it next time.
(UNINTELLIGIBLE), next item.
Vice Chair Carollo: No, let me be very clear what I'm talking about, okay? I don't
know what the County has. You brought it up. They have one. I'd like to see what the
County has so we can look at it. Because what this cannot become is that individuals
that are reckless, in some cases are being paid to lie and defame, can go on and on
and on in making lies, false allegations, all kinds of stuff so that they could
influence, like has been happening here. We've had different cases before courts
lately. One of the cases that we recently had before the court was the one that was
filed on this gym equipment. What happened the day or so before we went to court?
The tabloid, Miami Herald, came out with an editorial against it. Vote against it.
Commissioner Reyes: I mean, we were talking about --
Vice Chair Carollo: And they're putting me like I'm in the ballot.
Chair King: Again, again, gentlemen, gentlemen, do not talk over each other. And
there's a motion on the floor to defer, and I only asked for the deferral because of
the back and forth. And Commissioner Gabela had some questions.
Commissioner Gabela: I still have some questions.
Chair King: And --
Commissioner Gabela: Look, I'm for it, but I've got some questions.
Chair King: So -- and I'm for it as well.
Commissioner Reyes: It was asked -- it was asked --
Chair King: I'm for it as well.
Vice Chair Carollo: We're all for it. We are all for it.
Chair King: I just want to make sure we are all -- we are all on the same page
because with having to state and he has to change so that they're not anonymous
complaints, I believe that we need to take a look at it again. There's a motion and a
second. All in favor?
The Commission (Collectively): Aye.
Chair King: All against?
Commissioner Pardo: No.
Chair King: Okay.
Mr. Hannon: The motion passes 3-2 with Commissioner Reyes and Commissioner
Pardo voting no, and this is continued to October loth.
Commissioner Gabela: October 10th.
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City Commission
Meeting Minutes September 12, 2024
SR.5
15353
ORDINANCE
MAY BE DEFERRED
Second Reading
Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
and Mayor CHAPTER 23 / ARTICLE I SECTION 23-6 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") TITLED
"TRANSFER OF DEVELOPMENT RIGHTS AND DENSITY FOR
HISTORIC RESOURCES," TO ALLOW HEIGHT INCREASE FOR
PROJECTS PROVIDING A PUBLIC BENEFIT BY A PUBLIC
AGENCY, TO THE MIAMI MODERN (MIMO)/BISCAYNE
BOULEVARD HISTORIC DISTRICT COMMUNITY; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: Item SR.5 was continued to the October 10, 2024, City
Commission Meeting.
Note for the Record: For minutes referencing Item Number SR.5, please see
"Order of the Day."
SR.6 ORDINANCE Second Reading
16287
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 10/ARTICLE VI/SECTION 101 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED
"BUILDINGS/UNSAFE STRUCTURES AND UNSAFE
STRUCTURES PANEL," TO REQUIRE CERTAIN RESIDENTIAL
BUILDING OWNERS TO HOUSE AND PAY FOR REASONABLE
RELOCATION COSTS OF DISPLACED RESIDENTS; CONTAINING
A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE.
ENACTMENT NUMBER: 14304
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number SR.6, please see Item
Number SR.1.
END OF SECOND READING ORDINANCES
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City Commission
Meeting Minutes September 12, 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.
FR.2
16606
Commissioners
and Mayor
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: Item FR.1 was deferred to the September 26, 2024, Chi
Commission Meeting.
Note for the Record: For minutes referencing Item Number FR.1, please see
"Order of the Day."
ORDINANCE First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 38/ARTICLE III OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PARKS AND
RECREATION/BAYFRONT PARK MANAGEMENT TRUST," BY
AMENDING SECTION 38-103, TITLED "GOVERNING BODY" TO
ESTABLISH AND APPOINT THE CITY COMMISSION AS EX
OFFICIO MEMBERS AND PROVIDE FOR TWO (2)
APPOINTMENTS FROM THE CITY'S DISTRICT TWO
COMMISSIONER; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Reyes
NAYS: Pardo
Note for the Record: Item FR.2 was deferred to the January 9, 2025, City
Commission Meeting.
Note for the Record: For additional minutes referencing Item Number FR.2,
please see "Public Comments for allItem(s)."
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Meeting Minutes September 12, 2024
Chair King: Okay, Mr. City Attorney, would you read into the record the title for
FR.2?
George Wysong (City Attorney): FR.2.
The Ordinance was read by title into the public record by the City Attorney.
Chair King: If I may start, I'd like to take this up in January when we decide who our
new chairs are and all of that. I don't want to do that today.
Commissioner Pardo: Madam Chair?
Commissioner Gabela: I agree.
Chair King: Hold on, may I finish?
Commissioner Gabela: I agree.
Chair King: May I finish? And I would like to defer this until January. May I have a
motion?
Commissioner Gabela: Motion.
Chair King: Do 1 have a second?
Vice Chair Carollo: Second.
Chair King: Now we can have --
(COMMENTS MADE OFF THE RECORD)
Chair King: To January when we take up all of our boards and chair --
Todd B. Hannon (City Clerk): January 9, 2025.
Chair King: January 9, 2025. Now we're open up for discussion. I believe
Commissioner Pardo would like to be recognized. Go ahead.
Commissioner Pardo: Madam Chair, you know, I'm the sponsor of the item, so I
would have appreciated the ability to go first before everyone defers it till January, so
that I could explain why we're even here. But that said, let me go ahead and go
through the material. First, I want to make very clear, this isn't a conflict between
Commissioner Carollo and Commissioner Pardo. This is a conflict between
Commissioner Carollo and the residents of District 2. I am the District 2
commissioner, and I don't have any input whatsoever, and the residents keep coming
to our office and coming to me, but the District 3 commissioner is sitting in their park
and not willing to listen. What I'd like to say is this is the first time that downtown
residents are actually being heard because as their representative, I am giving their
voice to us as a body. The residents want more participation, they want more
transparency, and they want more accountability. The residents don't trust
Commissioner Carollo. Why? They say he makes up facts. I lived it with the way my,
campaign was funding and the facts that were coming out about that which were
inaccurate. They say he divides communities. They point to Coconut Grove, where he
thought it was fine to divide it. Well, Coconut Grove didn 't think it was fine. There
was a lawsuit. They were reunited. They point to Little Havana, where half the people
in Little Havana believe that there are real estate owners that are funded by
Venezuelan communists, and the other half don't.
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Meeting Minutes September 12, 2024
Vice Chair Carollo: That's a lie.
Commissioner Pardo: There are two competing festivals. There are two competing
weekly festivals. You know, it's -- it led to a lawsuit with a judgment of $65 million,
and it leads to our city paying $10 million plus because of that discrepancy, that
division. Downtown is saying, look, the same thing is happening to us, you know,
we're being divided. The gym equipment, the entire thing about the gym equipment
and the ballot, that should never have gotten to where it went. Never. But there was
nobody there that was able to listen and bring people together. It was about, no,
you're wrong, you're right, you're wrong. They're tired of it. They're exhausted by it.
No other commissioner, no -- none of us chairing any of our other areas have these
issues. We got another lawsuit downtown. Even the video that was played, that was a
promotional video for kind of his perspective on the gym equipment, it showed up on
our agenda as special appearance, real estate assets. I mean, Commissioner Gabela
was like, well, what is this? I was like, well, what is this? You know, nothing was
clear. And this is what the residents point to and say, we're not represented and we
can 't even get the facts. I met with staff on these projects. And just to kind of give you
an idea, staff said that there had been no engagement on these projects. The projects
are fountain reconstruction, rock garden, promenade, flower clock, play area, new
fountain. 1 mean, all these things deserve input from the community. Thev are not
being included in the least. We're talking about a list of projects that runs up to $20
million. Bayfront Park Trust has had a reserve of $20 million pretty much, 15 to 20,
rolling, rolling, rolling all these years, and now it's all getting used up. And this is
why they're saying it's urgent we take it up now and not in January. I want to also
stress, if you look at the financials, and when 1 sat with Bayfront Park Trust staff,
there are definite red flags. You see some categories like interest income and
dividends go from zero to one million plus. When I addressed this with staff, they said,
well, these are reclassifications. You know, we're cleaning things up. But that's not
good enough. We shouldn't have these major shifts. The existing majority on that
board is tied to Carollo. No one, not even the representative that I elected there, can
get a word in edgewise, can get anything done. There are very little controls. They
don't follow the same rules that our CRAs do. Thev don't come here before us and
share their agenda, what they're doing, what their activities are. That's completely
away from us. The residents are asking us to please step in, to please step in, given all
the red flags. By becoming the board, knowing everything we know and considering
Carollo's track record, it would be a liability to this city not to restructure the
Bayfront board. Adding more transparency, more accountability, and finally a voice
for downtown residents should be done now. By becoming that board, we add those
guardrails, we represent the regional aspect, as he's always claiming. By the way,
they feel that every time he has regional, it's a slap on them, like they don't exist.
They don't have a neighborhood park, even though they go there every day and they
pay more taxes than many other people. So, we add that element back, we limit any
further controversy, we limit lawsuits, we limit liability, but most importantly, we
begin to bring people together and we don't divide them. That's what this is about,
and that's the importance of doing it now.
Chair King: At this time, I'm asking IT (Information Technology), because he brought
this up about getting the facts, and he's talking about -- you're talking about the gym
equipment. So, I have a couple of videos that I want to play and I would like to
address my colleagues about the gym equipment, which is now PZ.1 and 2 since he
brought it up. So, let's not wait till PZ.1 and 2.
At this time, an audiovisual presentation began.
Chair King: Hold on, hold on. Hold on a second.
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Mr. Wysong: Yeah, we have -- so we're not opening PZ.I and 2. This is just
discussion on FR.2.
Chair King: No, no, we're not. We're not.
Mr. Wysong: Okay, just want to clarify that.
Chair King: This is still within the discussion, but it came up. So, I -- I was going to
play this during PZ.1 and 2, but while it came up, I'm going to play this and I have
some things to say. Go ahead.
At this time, an audiovisual presentation was made.
Chair King: So, everyone that knows me knows that 1 am not on social media. It was
sent to me, a post that Commissioner Pardo, you made and somehow this vote was my
fault because we acted on an item that is in your district. It has been the position of
this body, not just this body, but commissions prior to us that Bayfront Park is a
regional park. It is a regional park. Okay, barring that, the next commission meeting
you could have come back and asked for reconsideration. Is that correct, Mr. City
Attorney?
Mr. Wysong: Yes, Madam Chair.
Chair King: You could have asked for reconsideration and we could have taken it up.
1 did not appreciate being called out and blamed as the chair of this body for moving
that item when you failed to mention that Commissioner Reyes said, this is a regional
park. I have said it is a regional park. It's not something that I have kept to myself. I
believe Bayfront Park is a regional park. But beyond that, if you felt that what this
commission did in your absence and you failed to say that I have deferred items for
Commissioner Carollo, for Commissioner Reyes when he isn 't here, I act on behalf of
this entire Commission. I am the chair of the City of Miami Commission, not any
other person. I vote in favor of what I believe is right for my district and the City of
Miami in totality. So, to go on social media and say, the chairwoman, the
chairwoman, the chairwoman, when you could have and chose not to request a
rehearing, a reconsideration of the item, is not fair to me. And I couldn't understand
why you were -- why you made the post because no one said that you were derelict in
duties. I would never have said that. However, I found out later what prompted that.
But if you are going to tell a story, tell the whole story. Because don't tell lies about
me, and I will not tell the truth about whatever is happening here. Don't do that to
me. Don't do that to me again. Because I can't defend myself on social media. And I
want to point out that we live in a society where political violence is real. And you
had people making awful comments, just like the man that came up here. You could
disagree with what we do. You could -- the public can disagree with actions that you
take. But this country that we live in now, political violence is a thing. Someone tried
to kill former President Trump because they don't agree with whatever. And I'm sure
Commissioner Pardo, you did not intend your diatribe to cause me harm. But that 's
exactly what that could have done. And I said on the record I didn't understand why
we were even having a discussion about exercise equipment in the park. I have people
calling me from other states asking what are you guys arguing about? Exercise
equipment in the park. I made it clear what my position was and I defer to you for
your district. Bayfront Park is not a neighborhood park. It is a regional park. It is a
regional park and it has been recognized as such through commissions before us. And
I want to set the record straight that you had an opportunity to request
reconsideration and you chose not to. That, sir, is not my fault.
Commissioner Pardo: Madam Chair, first of all, I want to talk about the gym
equipment. It is not about the gyre equipment. It is about the way residents are being
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treated, ignored constantly. Anyone should have been able to solve the gym equipment
issue. People are not going to pay $20 to go park and then use free gym equipment.
The downtown residents, the people who use it most, have been most vocal. And the
reason I post on social media is to explain when people are looking at me saying,
well, what happened? Why weren't you there? What was it that created all of this?
That's why I had to post it. And what I want to say is, that was a pocket item,
introduced same day. It could have gone to the next meeting. The previous meeting,
you had made clear to me, don't worry, anything that happens in your district, we've
got your back, you let me know what you want to defer, and I'll handle it, right?
Chair King: And 1 did that.
Commissioner Pardo: Yeah, but this --
Chair King: I did whatever you want --
Commissioner Pardo: -- but this -- but --
Chair King: I'm making -- I'm making your --
Commissioner Pardo: Let me finish. But let me finish.
Chair King: Yes, I'm making your argument for you. I said that if you didn't agree
with it, you could have simply asked for reconsideration.
Commissioner Pardo: But that's --
Chair King: And -- and Commissioner Pardo, let's not ignore the fact that 80 percent
of the City of Miami and every precinct in your district voted in favor of keeping the
gym equipment in the park. Every single district.
Commissioner Pardo: They voted --
Chair King: Every precinct in your district.
Commissioner Pardo: Let me know when I can speak.
Chair King: You can speak now because -- and I'm not in favor of disenfranchising
any of the voters that voted to keep the exercise equipment in the park. Eighty percent.
And the only person that I have seen that received eighty percent of the vote was
Commissioner Reyes since I've been on this dais. I am not going to disenfranchise 80
percent of our voters because there is -- and be clear, it is a fight between whoever
and this commissioner. Because I received, I received solicitations a vote for gym
equipment is a vote for Joe Carollo. I'm not getting in the middle of the battle between
anyone and Joe Carollo. I am not his advocate. He can advocate for himself I am
advocating for myself. There was an opinion in the Miami Herald. There was enough
information that went out to the community. And even if you can say in the other
communities, in your community, because you are a strong advocate for your
community, at least one precinct in your community should have voted against if
they're so not in favor of that gym equipment. Everyone voted in favor. Eighty percent
of our electorate voted in favor of keeping the gym equipment in the park, and that
includes the downtown residents.
Commissioner Pardo: May I speak?
Chair King: Please.
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Commissioner Pardo: Uninterrupted, please.
Chair King: Go right ahead.
Commissioner Pardo: Thank you.
Chair King: Apologies.
Commissioner Pardo: Thank you. 80 percent. 80 percent voted on an entirely
misleading ballot referendum. Entirely. That's why we have another lawsuit. Again,
because of exactly that. That ballot referendum was basically asking kids if they like
ice cream. It didn't talk about the residents. It didn 't talk about any of the problems. It
didn't talk about the process that led to any of that, which by the way was way before
1 came into office. You're asking why didn't 1 ask for a reconsideration? Because I
had no idea it was a binding referendum. Otherwise, I would have. But again, that 's
why it should have been discussed. That's why it shouldn't have been a pocket item.
That's why it shouldn't have been passed through that way. We had no opportunity to
have this conversation, and that's wrong. And that's why this -- in fact, look at
everything that happened because of that pocket item. It got on the ballot, then there
were controversy campaign, now there's a lawsuit, and all why? Because one person
couldn't work it out with people.
Commissioner Gabela: Can I --?
Chair King: I think you were just making my point because if you weren 't sure what
that item meant, we should have discussed it again at the second -- at the meeting that
you were present. That's all I'm saving. All I'm saying is that there was redress for
you. And I'm also --
Commissioner Pardo: I don 't believe there was.
Chair King: You could have brought it up at the next commission meeting. And I'm
also saying that at least in your district where you advocate, where you educate, you
can say that the ballot question was misleading and that would account for the rest of
the City of Miami, District 1, District 3, District 4, District 5, but you cannot account
for District 2 and the ballot question being misleading because you are a fantastic
commissioner and you get that information out to your community. I believe
Commissioner Gabela wants to be heard. And all I wanted to do was make it clear
that that -- you cannot lay the blame of that on me as the chairwoman. That's all I'm
saying. I want to clear the record, make the record clear. You conveniently left
Commissioner Reyes out of your diatribe. He also said it's a regional park. It wasn 't
just me. And again, that kind of rhetoric can cause harm because we live in a society
where political violence is a thing and I do not think that you intend to cause harm to
me because you're saying Chairwoman King, Chairwoman King, Chairwoman King
in your address about this issue. Commissioner Gabela.
Commissioner Gabela: My two cents worth, you know, here that I'm listening to the
situation and I'm trying to, let me see if I can do this without getting myself in trouble.
Okay. Number one, when that issue came up and the referendum was called for by
Mr. Carollo, you weren't here but I was, I voted against it. But it got on the
referendum. And now that it got on the referendum, I agree, the people spoke, you
know, it might have been bad wording in the language, but at the end of the day, 80
percent of the people voted, and I don't think we should be going against it. Number
two, you guys, you guys, not me, I haven't said whether it's a regional park, a local
park, you know what I mean? Now that's you guys, that's on you guys now. I'm going
to take your interpretation of what it is, okay, and say this. Gee whiz, back in January,
February, if it was a regional park and people were not happy with Commissioner
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Carollo, we could have appointed another chairman. You know, but it wasn't done.
And 1 think the way -- the reason it wasn't done is because through the grapevine 1
heard that you also wanted to be commissioner of the Bayfront Trust, okay? That's
what I heard. Now, this coming -- if -- you know, I'm curious here, and I spoke about
this about, I don't know, two months ago, you know, Manolo called for a forensic
audit. We were going to waste $200, 000, we weren 't going to get the results until next
year, no but, okay, and then I said to Larry, what the hell are we doing this for, why
are we going to waste this money, and why are we doing this whole thing, when,
listen, if it was bad enough, okay, you guys could have elected another chairman,
okay, yet that hasn't been done, even today. You know, the gentleman already said,
Carollo, that he's stepping down. How many months have we got? We got -- we're in
September, October, November, December. We're in three months now, okay? This
apparently, by what I've been told, has been going on for years and years. I don't
know, okay? I don't know, okay? But my point is, it's very hypocritical, okay, to say
now, oh, let's change the structure of the way that park is managed or whatever it is,
because if you -- if everybody, there was a lot of concern, I repeat, in January and
February, we could have picked another chairman and that wasn 't done. That would
have been the easiest way. You didn't have to restructure the management trust in
Bayfront the way you're intending now and so forth. So, as for me, based on that
information, and I've made myself clear, okay, and some of us have been here for
seven or eight years, some of us have not, okay, but if there was a big problem, boy,
oh boy, this would have been addressed a long time ago. 1 will be voting against
taking the gym equipment out because I, like you, agree, and I agreed with you in the
beginning, but it went through the referendum and what 's done is done, and 1 think we
should end it there at some point. And regarding the management, 1 am not going to
vote, do not count on my vote to change any of the structure of the way it is now.
Don't count for my vote for that. And plus, apart from that, I've been told, City
Manager, I asked you about this, whether this is going to cost us money, and I believe
you said it was going to cost us money. Am I correct in that?
Arthur Noriega (City Manager): Which item was going to cost us money?
Commissioner Gabela: If it's the restructuring of Maurice Ferre Park and so forth.
Mr. Noriega: Oh, you 're talking about the item where we bifurcate Maurice Ferre
from the Trust management?
Commissioner Gabela: Yeah, yeah.
Mr. Noriega: Yeah, it would cost the City money.
Commissioner Gabela: That's what I'm -- at any rate, so my vote --
Commissioner Pardo: No, that's --
Commissioner Gabela: -- is no on that.
Commissioner Pardo: No, that's not the item.
Chair King: One second.
Mr. Noriega: No, no, no, but that's I think what he 's referencing. It has nothing to do
with this.
Commissioner Pardo: That's not this item.
Chair King: Okay. Vice Chair, Commissioner Reyes.
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Commissioner Reyes: Yes, 1, since 1 was shown there at calling it a regional park, and
since I remember, since 1 was a little kid, we used to come to Miami and go to
Bayfront Park, El Parque de las Palomas. And El Parque de las Palomas was a park
-- I mean, it was, in my opinion, was the pride of Miami at the time, the whole City of
Miami. We had the library there. We had all the pigeons when you went, and we got
all the statues there. It was a real park. I was totally opposed to it when Noguchi
came and started remodeling -- I mean, redoing the park the way it was done. But it
was always, and that's why I said it is a regional park. Because when we were in
Hialeah, in Hialeah, and we were talking about let's go and have, I mean, to a park
and all of that, we drove all the way to downtown and to the park at Las Paloma, it
was famous. When tourists came in, they took pictures with pigeons all over them. It
was a park, it was the, what do you call it, Central Park, it was the main park of
Miami, you see, and it was used and enjoyed by every single resident of the City and
the tourists and anybody that came from it. In my opinion, that 's a regional park. In
my opinion. And that's why I stated, yes, in my opinion, it's a regional park. Because
it's a park that everybody, every one of us, have enjoyed. Not to the extent that it was -
- I don 't enjoy it to the extent that I did enjoy it before Noguchi, but I still enjoy it, you
see? And that is my opinion of a park that it is, regional is the park that is enjoyed by
every single resident whenever they want, you see? And the people make an effort to
get there, you see. And going now and then to the structure, 1 don't have anything
against Carollo being the chairman, and he is -- we are not voting -- if we vote in the
restructuring, we are not voting on getting rid of Carollo, who is going to -- I mean,
he promised that he is going to, 1 mean, give up the chairmanship in January, or at
the end of this year. What 1 see here is a similarity with what we did with Virginia
Key. You see, the Trust, Virginia Key Trust, what we did in Virginia Key, we took
over, we, as the commission, as the policymakers, we took over the admin -- I mean,
the decision that was going to be made. It comes to us, and we vote on it, and we
discuss it. And I'm thinking about that, and that it is quite similar. It is quite similar,
you see, what we did, instead of having a board, and we have -- we -- we take
ownership of that. Because if it is a regional park, we should be, we, the commission,
should be the ones that are responsible for it, you see? That is my point. That is my
point. Nothing against you or anything, but that is my point. And if it were -- if that
will mean that taking him away from it, I will vote no. But if it is for us to take
ownership on it as the legislative body, I agree with you. We are not doing that bad
with Virginia Key, Madam Chair, you see? You are doing a great job, you see?
You're doing a great job with Virginia Key and things are getting done, okay? And all
of us feel part of it and the whole city feels part of it. That is my point. I mean, I don't
know, it's my view. I don't know if it makes sense or not, but it is what I've been
thinking about.
Chair King: Thank you. Vice Chair?
Vice Chair Carollo: Madam Chair, if you could please give me some leeway in time,
because there's been so much that's been said. And I'm going to need more than that.
But what he said, what he said. The -- I never seen an organization that has been so
successful as the Bayfront Park Trust since I have come with a board, me and its
chairman, and together we have worked together to improve this park, that the
reward that they get is that they want to fire all of them. And that is what it is. But
imagine what the commissioner would be saying if instead of him having lost 80-20
this election, it would have been the other way, around, and I come up with a motion
to fire him as the CRA (Community Redevelopment Agency) Omni chairman. He
would have said, and rightly so, he's targeting me, he's going after me because he's
upset on the election. Well, why didn't he bring this up at any time before, even during
the election? He brought it after the election because of the frustration. And to show
you how the board and I have brought the Bayfront Park Trust, we're not a penny
from the neighbors across the street or from anybody in the cities used to run both
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these parks. When I became chairman at December 17, this was bringing less than $3
million, Bayfront Park Trust. Today, it is bringing over $13 million a year in revenue,
revenues that the residents of Miami are not paying through their taxes. We have
listened to what residents want. This is why we built a dog park in Maurice Ferre
Park that one side is for large dogs, one is for small dogs. A few people still want to
refuse to put their dogs in a leash, like all the other residents do. Two of them came
here today out of the four that came to speak. We did another dog park in
Bicentennial -- excuse me, in Bayfront Park. Long before his handful of residents that
he talks about, like if, you know, there are thousands of people there, as a young man,
it was Maurice Ferre that took me by one hand and Claude Pepper by the other to
show me Bicentennial Park when it was named that. And it didn't work out for many
reasons. When 1 was mayor, it was the executive director -- excuse me, the publisher
of the then Miami Herald, not the tabloid that it is today, that came to me and asked
me to help them with the museum that you have there, the Perez Museum. And then we
discussed about the possibility of the Frost Museum. And that became a reality. The
handful of the people he's talking about, the one that's lived there the longest, it's
maybe eight or nine years, most of the others have moved in in the last three to five
years, more or less, but it's a very small group. The -- we have, in Ferre Park, the
best sculptural garden that there is in Miami. Two whole blocks of beautiful flowers.
Many of you have seen, and certainly throughout the world, it's become popular and
throughout our country. The Dogs and Cats Walkway, 57 statues that were painted by
our local residents, over 350,000 people came the first year to see it. We brought in,
for the first time, art to put into the park and exhibitions. For a year, we had 15
statues of one of the best artists --
Chair King: Vice Chair.
Vice Chair Carollo: -- one of the top five in the world.
Chair King: I don't want to interrupt you, but I'm holding my colleagues to the five
minutes and then they're going to say I'm showing you favor and I don't want that.
We know about all of the great things that have happened in the park or all of the
contributions. If right --
Vice Chair Carollo: Two last things that I could bring --
Chair King: Two last things.
Vice Chair Carollo: Yeah, okay.
Chair King: Two last things.
Vice Chair Carollo: One, this baloney that he's bringing up to help these people and
their lawsuits, that 50 percent of the people in my district think that these people in
this bar have been in business or gotten their money, whatever he said, from the
Venezuelan government. That's a lie. Nobody says that. I never said that. That's a lie
that they used to defame me and pretend that they were being targeted. And he knows
that. He said this here today only to help them in their other lawsuit and in their
negotiations. The lawsuit that he kept talking about and talking about, you know why
we have this other lawsuit? Because he's the one that put it together. He was in a
Zoom call with a group. There was a couple of attorneys. And you know what they
said? This is going to be great to get Carollo with this. He's the one that went and put
out a PAC (Political Action Committee) and asked people to put money into that PAC.
And who put money, into the PAC out of -- among others? The people that he claimed
that were being -- were accusing them, which is false, of taking Venezuelan money
into their business. They put money into that. The -- at least one or more of the
developers that wants all this money from the Omni CRA, including the wife --
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Chair King: Commissioner?
Vice Chair Carollo: -- I am told of one of the billboard company individuals.
Chair King: Commissioner, Commissioner --
Vice Chair Carollo: So --
Chair King: -- I'm going to ask you, please, let's move on. 1 have a motion, I have a
second, to defer this item to --
Commissioner Pardo: Madam Chair, can I just add one quick thing? Just --
Chair King: Quickly.
Commissioner Pardo: It's very quick.
Vice Chair Carollo: Then let me answer the quick one.
Commissioner Pardo: I promise.
Chair King: Quick, quick.
Vice Chair Carollo: Because --
Commissioner Pardo: I promise.
Chair King: But I -- you went beyond the five. I'm keeping everybody to the five, so I
did extend the time for you a bit.
Commissioner Pardo: I just want to say, obviously, the park is very different today
than what it was before. There's always been a regional element, but now there's a
neighborhood element. On the ballot, 80-20. Why? Because people did not know. It
was never said this was a referendum. Most people thought it was a straw vote, straw
vote, straw poll. So, the resistance to all of this didn 't happen until the last week, the
last 10 days. So, you know, it's the way everything was played out and that's why we
really shouldn't do it that way. The last thing I want to say is, as District 2
commissioner, people think, oh, you should be the chair of the Bayfront Park Trust.
That's why you're hearing what you're hearing. However, with this structure, even
keeping Commissioner Carollo exactly in his place, I'm,fine because there's District 2
representation. We're all on that board and there are two seats for District 2, so it's a
compromise.
Chair King: Again, my position is that we should take this up in January, when we
address our boards and the board chairs. That's my, position. That's the motion on the
floor. I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
Commissioner Pardo: No.
Chair King: I believe that's 4-1.
Mr. Hannon: So again, for the record, 4-1 with Commissioner Pardo voting no.
Chair King: Correct.
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Commissioner Reyes: When is it going to come back?
Chair King: When we take up our chairmanships in January. In January.
END OF FIRST READING ORDINANCES
City of Miami
Page 106 Printed on 10/15/2024
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Meeting Minutes September 12, 2024
BC.1
16510
Office of the City
Clerk
BC - BOARDS AND COMMITTEES
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE AFFORDABLE HOMEOWNERSHIP LOAN
PROGRAM TASK FORCE FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Miguel Angel Gabela
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Manolo Reyes
City of Miami
Page 107 Printed on 10/15/2024
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Meeting Minutes September 12, 2024
BC.2
14754
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Commissioner Miguel Angel Gabela
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Christine King
City of Miami
Page 108 Printed on 10/15/2024
City Commission
Meeting Minutes September 12, 2024
BC.3
6672
Office of the City
Clerk
BC.4
15894
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS
AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Miguel Angel Gabela
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Christine King
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Manolo Reyes
Commissioner Christine King
Commission -At -Large
Commission -At -Large
City of Miami
Page 109 Printed on 10/15/2024
City Commission
Meeting Minutes September 12, 2024
BC.5
15417
Office of the City
Clerk
BC.6
6958
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
RESOLUTION
MAY BE WITHDRAWN
NOMINATED BY:
Mayor Francis Suarez
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Christine King
Commission -At -Large
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE CODE COMPLIANCE TASK FORCE FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
NOMINATED BY:
Commissioner Miguel Angel Gabela
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Christine King
City of Miami
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Meeting Minutes September 12, 2024
BC.7
16284
Office of the City
Clerk
BC.8
15122
Office of the City
Clerk
MOTION TO: Withdraw
RESULT: WITHDRAWN
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Christine King, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Chair King: And for the boards, how many? Mr. City Attorney -- I mean, City Clerk?
Todd B. Hannon (City Clerk): Yes, we have BC.6, Code Compliance Task Force. The
task force has been sunsetted, therefore, this item needs to be withdrawn. So, if' could
have a motion to withdraw BC.6?
Commissioner Gabela: Motion.
Chair King: Second. All in favor?
The Commission (Collectively): Aye.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS
AS DESIGNATED HEREIN.
RESULT:
APPOINTEES:
(Alternate At -Large Member)
(Alternate At -Large Member)
NO ACTION TAKEN
NOMINATED BY:
Commissioner Joe Carollo
Commission -At -Large
Commission -At -Large
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE COMMERCIAL SOLID WASTE MANAGEMENT
ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Commission -At -Large
City of Miami
Page 111 Printed on 10/15/2024
City Commission
Meeting Minutes September 12, 2024
BC.9
16511
Office of the City
Clerk
RESULT: NO ACTION TAKEN
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN
AND QUALITY OF LIFE COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Commissioner Miguel Angel Gabela
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commission -At -Large
Commission -At -Large
City of Miami
Page 112 Printed on 10/15/2024
City Commission
Meeting Minutes September 12, 2024
BC.10
15420
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS
AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Commissioner Miguel Angel Gabela
Commissioner Damian Pardo
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Manolo Reyes
Commissioner Christine King
Commissioner Christine King
City of Miami
Page 113 Printed on 10/15/2024
City Commission
Meeting Minutes September 12, 2024
BC.11
16052
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD
FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Miguel Angel Gabela
Commissioner Miguel Angel Gabela
Commissioner Damian Pardo
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Manolo Reyes
Commissioner Christine King
Commissioner Christine King
IAFF
FOP
AFSCME 1907
City of Miami
Page 114 Printed on 10/15/2024
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Meeting Minutes September 12, 2024
BC.12
15097
Office of the City
Clerk
BC.13
7963
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS
DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Commissioner Miguel Angel Gabela
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Christine King
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Miguel Angel Gabela
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Christine King
City of Miami
Page 115 Printed on 10/15/2024
City Commission
Meeting Minutes September 12, 2024
BC.14
16285
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES/CATEGORIES: NOMINATED BY:
(Architect/Architectural Historian —
Category 4)
(Real Estate Broker — Category 5)
(Citizen — Category 7)
(Historian/Architectural Historian —
Category3)
(Business and Finance or Law — Category
6)
(Architect — Category 1)
(Alternate in Business and Finance or Law
Category 8)
(Landscape Architect — Category 2)
RESULT: NO ACTION TAKEN
Commissioner Miguel Angel Gabela
Commissioner Damian Pardo
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Manolo Reyes
Commissioner Christine King
City of Miami
Page 116 Printed on 10/15/2024
City Commission
Meeting Minutes September 12, 2024
BC.15
16055
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER,
QUEER ("LGBTQ") ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Commissioner Joe Carollo
Commissioner Christine King
Commission -At -Large
City of Miami
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City Commission
Meeting Minutes September 12, 2024
BC.16
15421
Office of the City
Clerk
BC.17
15795
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE MAYOR'S COUNCIL ON GLOBAL
COMPETITIVENESS FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Christine King
Commission -At -Large
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE MIAMI FOREVER BOND PROGRAM CITIZENS'
OVERSIGHT BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE:
George Ruizcalderon
ENACTMENT NUMBER: R-24-0351
NOMINATED BY:
Commissioner Christine King
City of Miami
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City Commission
Meeting Minutes September 12, 2024
BC.18
9270
Office of the City
Clerk
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Miguel Angel Gabela, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Todd B. Hannon (City Clerk): BC.17, Miami Forever Bond Program Citizens
Oversight Board. Chair King will be appointing George Ruiz Calderon.
Commissioner Reyes: Move it.
Chair King: I have a motion. Second?
Commissioner Gabela: Second.
Chair King: I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously'.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE MIAMI TECHNOLOGY COUNCIL FOR TERMS
AS DESIGNATED HEREIN.
APPOINTEES:
NOMINATED BY:
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Commissioner Miguel Angel Gabela
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Christine King
Commission -At -Large
Commission -At -Large
Commission -At -Large
City of Miami
Page 119 Printed on 10/15/2024
City Commission
Meeting Minutes September 12, 2024
BC.19
15422
Office of the City
Clerk
RESULT: NO ACTION TAKEN
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE PLANNING, ZONING AND APPEALS BOARD
FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Maria Paula De Carolis Commissioner Manolo Reyes
ENACTMENT NUMBER: R-24-0352
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Damian Pardo, Commissioner
SECONDER: Miguel Angel Gabela, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Todd B. Hannon (City Clerk): BC.19, Planning, Zoning, and Appeals Board
Commissioner Reyes will be appointing Maria De Carolis.
Commissioner Pardo: Motion.
Commissioner Gabela: Second.
Chair King: All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
Mr. Hannon: That concludes the boards and committees. Thank you, Chair.
Chair King: And that shall conclude the City of Miami Commission meeting fo
September 12th, 2024. Thank you all for your advocacy. See you soon.
City of Miami
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Meeting Minutes September 12, 2024
BC.20
3693
Office of the City
Clerk
BC.21
16286
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME
COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Commissioner Joe Carollo
Commissioner Joe Carollo
Commissioner Joe Carollo
Commission -At -Large
Commission -At -Large
Commission -At -Large
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD
(UDRB) FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
NOMINATED BY:
Commissioner Miguel Angel Gabela
Commissioner Miguel Angel Gabela
Commissioner Damian Pardo
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Christine King
City of Miami
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City Commission
Meeting Minutes September 12, 2024
BC.22
16056
Office of the City
Clerk
RESULT: NO ACTION TAKEN
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY ADVISORY BOARD FOR A TERM
AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
RESULT: NO ACTION TAKEN
END OF BOARDS AND COMMITTEES
Mayor Francis Suarez
City of Miami
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Meeting Minutes September 12, 2024
DI.1
16308
City Manager's
Office
DI - DISCUSSION ITEMS
DISCUSSION ITEM
A DISCUSSION ITEM REGARDING THE 2024 FLORIDA
LEGISLATION REPORT.
MOTION TO: Withdraw
RESULT: WITHDRAWN
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number DL1, please see "Order
ofthe Day."
DI.2 DISCUSSION ITEM
16392
Commissioners
and Mayor
A DISCUSSION ITEM REGARDING THE EXPANSION AND
EXTENSION OF THE OMNI CRA.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Joe Carollo, Commissioner
SECONDER: Miguel Angel Gabela Joe Carollo, Commissioner
AYES: King, Carollo, Gabela
NAYS: Pardo, Reyes
Note for the Record: Item DL2 was continued to the October 10, 2024, City
Commission Meeting.
Note for the Record: For additional minutes referencing Item Number DL2, please
see "Public Comments for all Item(s)."
Chair King: That leaves us with RE.12. And I'd like, if fmy colleagues allow, we have
a discussion item on the Omni CRA (Community Redevelopment Agency). If we can
take up DI.2 and RE.12 at the same time, it just makes sense to put them together. And
I will allow Commissioner Pardo to lead the discussion as he is the Chair of the Omni
CRA.
Commissioner Pardo: Thank you very much, Chairwoman. First thing I'd like to do is
acknowledge Isiaa Jones, the Executive Director of Omni CRA and all the
professionals in Omni CRA. I'm sure she's been reserving many comments, so I would
appreciate it if she can address some of the issues and some of the questions.
Isiaa Jones: Good afternoon, Commissioners. Isiaa Jones, Executive Director of the
Onini CRA. Good afternoon, Chairwoman, Commissioners. And I'd like to say,
Commissioner Gabela, I am extremely honored and happy and I applaud and we
recommend and we encourage the community engagement that we saw here earlier
today. That is what CRA is about. We are closer to the community than even the City
and the County. So, we commend it and we acknowledge it. There is a story of a little
girl in 1998 who traveled here to Miami, and her first stop was Allapattah. That little
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girl is me. My parents, we traveled to 20th Street in Miami, and we bought goods to
go back to Jamaica to sell in the market. That is what we did. So, Commissioner, 1
applaud what you do for our community in Allapattah. However, the item that is in
front of us here today is the extension of life of the Omni CRA, RE.12. And it is time
for us to do the right thing. The item has been deferred for over four years. It has been
approved at the County since 2020 and it was ratified by the CRA Board in 2021 and
it has been deferred for four different times. And Commissioners, we have addressed
all of the questions that were presented. We went back, we looked at every meeting,
we addressed all of the questions since the four years and even recently in June and
July meetings, and we submitted a memo to your offices. Now, Jesly, may you provide
all the commissioners with the memo that we submitted last night? We addressed it --
we addressed all of the concerns that we have in front of us. And we wanted to push
the importance of the extension of the Omni CRA. We have a focus on affordable
housing. We want to make sure that we do the right thing for the community. We want
to make sure that we complete the School Board project that we have in front of us.
We want to snake sure that we support arts and cultural entertaimnent that is in our
society. We want to make sure to push and do all of the great things that we say we
were set out to do since 1987. And Commissioners, we are asking for you to extend
the Omni CRA as is. Now, I'd like to also address the item that passed last year.
There are multiple discrepancies with the item that was passed last year, not just the
boundaries. As you see and as we have shown, it overlaps with the Overtown CRA.
And 1 believe, Chairwoman King, you have also stated that you would not support any
overlap of the Overtown CRA. So, for that reason alone, the item must be amended,
rescinded, redone, recreated, and Commissioner Gabela, 1 see the boundaries that
you drew here earlier today, and you do amend the boundaries. You do make it
smaller because there are no other CRA that's over 2,700 acres in the state. So, with
that being said, the item must be amended and this item that is in front of us, which is
separate, only on the extension of life, is okay. It's good to go and we would
recommend that the item is approved as is. The item that addresses the boundaries,
there needs to be work done, the studies have to be prepared and staff has to have the
opportunity to make sure that it is done right this time around with your support and
with the support of all of the city.
Chair King: Thank you. Commissioner Gabela, do you have a follow-up to her
presentation?
Commissioner Gabela: Yes, I do.
Chair King: I'm sorry, I'm sorry. I'm looking at Commissioner Pardo --
Commissioner Gabela: Oh, sorry.
Chair King: -- and I'm saying you. Commissioner Pardo?
Commissioner Gabela: No, no, go ahead, go ahead.
Commissioner Pardo: No, no, Commissioner Gabela, go ahead.
Commissioner Gabela: Oh, thank you. Okay, so --
Vice Chair Carollo: (INAUDIBLE).
Chair King: I called on Commissioner Pardo because he's the Chair of the Omni
CRA.
Vice Chair Carollo: (INAUDIBLE).
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Chair King: Okay.
Commissioner Pardo: Thank you.
Chair King: Thank you.
Commissioner Gabela: Let me know what you guys want to do.
Chair King: Go ahead, Commissioner Gabela. We have five minutes on the clock.
Commissioner Gabela: Alright, so look, not to reiterate the whole shenanigans, not
shenanigans, what was said.
Chair King: Thank you.
Commissioner Gabela: Okay, I -- my problem is -- and I understand where you're
coming from, but here's the problem. Okay, this is the whole thing. I can't do that.
And I can't do it because then everything is forgotten, the words are thrown in the air
and the wind takes the words and we 've got nothing. Well, you guys wanted to take
care of the situation and I understand. And let me be clear. Somebody said about, I
don't know, a month ago, before the last election, oh, Gabela is trying to stop, you
know, the School Board, you know, and this and that. Well, Gabela, if you guys
remember, was the one that actually put the Centner deal front and center to
scrutinize it. 1t was me, Gabela, that did that. So 1 have no intentions of stopping the
School Board. And both things can be done. I still maintain, look, when this is done,
I'm not saying give me the whole money or, you know, 1 understand what the deal is.
However, you know, you guys can't act like, oh, do this and then we'll look at yours.
No, because the two things should be combined. The two things should be combined.
If there's no -- until we make up what the boundary is going to be -- and by the way,
time frame, I understand. But listen, I've been asking for a Sunshine meeting to get
this thing in order for the longest time. I'm not going to (UNINTELLIGIBLE) -- you
know, I'm not going to be rhetorical and say the same thing again that I've already
said, but I've been asking for a meeting so we can talk just about this. So you know
what? The time frame, that ain't on me. That's on you guys, whoever didn't want to
have the meeting. Let me be clear. So I will be voting no. I will be deferring if you
guys want to. Okay, if you want to talk about the boundaries today, I'm open to it,
whatever you want. But the point is, it goes hand in hand. You cannot ask me, you
know, for me, you know, to do this in good faith, you know, when I know that after it's
done and you guys get your way, bye-bye, because you guys got your way. And then
I'm left, you know, we're left in District 1 with the problems that we have, you know,
and everything that I'm not going to go into detail again because why waste time? So
that's where I stand on that respectfully, so thank you.
Chair King: Commissioner Pardo.
Commissioner Pardo: Anyone else?
Vice Chair Carollo: (INAUDIBLE).
Commissioner Pardo: Go ahead.
Chair King: Vice Chair.
Vice Chair Carollo: I would like to place a motion to defer this item until the first
meeting --
Commissioner Pardo: Madam Chair?
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Vice Chair Carollo: -- in October. Well, you said anybody else.
Chair King: You 're going to let him speak. You -- I got to let him speak. You gave him
the floor.
Vice Chair Carollo: Now, I keep hearing there's such a rush for this. I don't see what
the rush is. You 've got six years left in the life of the present CRA. So what is the
rush? Well, I'm going to tell you what the rush is. You see, back when I came as a
new commissioner, more or less, in 17, about a year and a half later or two, I was
brought to a lunch. I thought it was, gee, it must be important. It was on a holiday by
the river at Garcia's, by a developer and the former superintendent of the School
Board. And it was the same old thing, you know, for the project. Well, you heard
today from the gentleman that came, the new CEO (Chief Executive Officer), or I
forgot what his title was, of the Frost Museum. He wanted this because they need all
these new apartments in the urban core. So I asked him, you've heard me,
Commissioner Reyes, what do you consider the urban core? Is it also Overtown,
Allapattah, Little Havana? He said, of course it is. So I think it's clear, the urban core
is not just the Omni. The urban core is a lot of other places in our city. And it could be
Allapattah. It could be Overtown. It could be other areas. Now, having said that, the
urgency here is for developers, because they want to make a lot more millions in the
projects that they've got cooking in that area now. And it's a handful of developers
that are the ones that have the land, that have the projects. And the School Board, of
course, wants to do whatever they need to that's in their betterment, but we've got to
do the same thing for us. So, I don't want to hear the issue anymore that we've got to
do this for the School Board because, as one of the key stakeholders from the Frost
Museum said, urban core is anywhere in the areas that we spoke, and it certainly is
Allapattah also. There is no rush to do this. You know, the sky is not going to fall, the
city is not going to dissolve. There's six more years left before the Omni CRA life
expands and is finished. So, there's six more years. You have a job, all the others have
a job for the six more years. No one's going to lose it in that time. The question is the
future of that CRA. And I want to present something that I need to get more numbers
on, and I'll provide it once I get it all. That's why I'm giving time in bringing it back
on the first meeting of October. This way we're not getting involved, we're in the way
of our budget hearing that might be long, might be not, at our last meeting in
September. But the bottom line is, there is no urgency here. The only urgency is for
the developers, because the minute we start approving this, the next step is bonding
for the next 17 years and whatever is left. So, there could be a big bunch of money
coming up front, and that's going to be used in that area for those developers. Now,
hey, some of these people I know, I get along with fine. You know, I have no problems
with them making money, but I do have a problem in the way they want to go about it.
And there needs to be a lot more transparency in what we're doing and how we're
going forward with this Omni CRA. Mr. Manager,, who do you have that can read to
us what the state says on the CRA, why it should be created and why it should exist or
be expanded? I think it has to do with a little something called blight. Can you read --
can you read what the state says, the official record?
Commissioner Pardo: Time?
Commissioner Reyes: Slum and blight.
Chair King: Slum and blight.
Vice Chair Carollo: Yeah.
Chair King: It's for slum and blight.
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Commissioner Pardo: I'd like to give Isiaa Jones an opportunity to discuss slum and
blight and to answer.
Vice Chair Carollo: That's fine, but I'm not done. I'm trying to get --
Commissioner Pardo: Oh, okay.
Vice Chair Carollo: -- an answer here.
Chair King: Commissioner, Commissioner.
Commissioner Pardo: Time.
Chair King: Commissioner Pardo. Commissioner, I'm giving each commissioner five
minutes.
Vice Chair Carollo: Yeah.
Chair King: I stated that.
Vice Chair Carollo: Okay, well --
Chair King: He has -- you have asked a question.
Vice Chair Carollo: I asked a question, but I need to get that answer.
Chair King: He asked a question, so we're waiting to get that answer. And at that
time, Commissioner Reyes, would you like to speak? Do you have anything to say
while they try to get the answer?
Commissioner Reyes: Yes, yes. And I, as always, I'm going to be short and to the
point. You see, I was an opponent of extending the life of any CRA because CRAs
should be established, developed, and sunset. But given the need that we have for
affordable housing and seeing -- I mean, I used to work in the school system and I
used to park in all those lots that they are around there. And meeting with the -- and I
know this is not now, they've been behind doing this for a long time, that it is to build
in a partnership with the city of Miami to build affordable housing and mainly gear
towards teachers and people that work in the area. And that 's when I requested that
we'll come below 120 and that they have to go in the 80s and the 60s because there
are people that work there not only as teachers and administrative secretaries and all
of that that they need apartments also. They need housing. So, given the fact that it is
needed, given the fact that we spend all the time talking about affordable, real
affordable housing for people that needs it, I am in support of voting in favor of this,
as I am in support of working out a solution, not a solution, and additional revenues
for Allapattah. And if the case comes to Little Havana also, I will be in favor of doing
that. They cannot be tied one to the other, because you know what 's going to happen?
You know what's going to happen? The County isn't going to accept that. That's a
fact. And they have already said it. And a CRA is only a CRA when you take TIF (Tax
Increment Fund) money. You take TIF money from the City and the County, and you
use it to reinvest in the area. If you -- the County said, you go ahead, and we are not
doing anything, it is not a CRA. It is just us. We don 't need to do -- make a CRA. What
we need to do is to put our minds together and say, okay, how much are we willing
from this TIF, which is tax increment funds, how much are we willing from this TIF,
which is tax increment finance -- funds, how much are we willing to place in areas
that they are of need for how long, or whatever, you see? And that's it. Because,
sincerely, if we want to expand it to Little Havana, expand it to, I mean, Allapattah, or
Liberty City, they're not going to accept it. Then nobody's going to accept a 240 or
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270, 1 mean 2,700 square miles here, does not exist. Does not -- they are not going to
-- they -- they're not going to give those funds away, you see? And if they don't do it,
we can do it ourselves by legislation and getting our minds together and doing it. And
that is my point. And I'm going to be voting in favor of this because we are not what --
we want what the district commissioner wants. It won't be attainable and that's it, you
see. It's very simple.
Commissioner Gabela: No, it's not -- it's not a thing --
Chair King: Commissioner Gabela, Commissioner Gabela?
Commissioner Gabela: Yes, ma'am.
Chair King: I asked that because this is a passionate item for all of us.
Commissioner Gabela: Got a question, got a question.
Chair King: Hold on a second. There was a question asked of staff to read the
purpose of CRAB.
Commissioner Gabela: Got it.
Mr. Wysong: I'll take it.
Chair King: Thank you.
Mr. Wysong: First, I'll read the definition of community redevelopment. It means
undertakings, activities, or projects of a county, municipality, or community
redevelopment agency in a community redevelopment area for the elimination and
prevention of the development of or spread of slums and blight, or for the reduction or
prevention of crime, or for the provision of affordable housing, whether for rent or for
sale, to residents of low or moderate income, including the elderly, and may include
slum clearance and redevelopment in a community redevelopment area, or
rehabilitation and revitalization of coastal resort and tourist areas that are
deteriorating and economically distressed, or rehabilitation or conservation in a
community redevelopment area, or any combination or part thereof in accordance
with the community redevelopment plan and may include the preparation of such
plans. If you want, I could also read the definition of slum and blight.
Vice Chair Carollo: Yes.
Chair King: I don't think that is necessary.
Mr. Wysong: Okay.
Commissioner Reyes: Well, we've seen it.
Vice Chair Carollo: Bottom line is that what you just described describes Allapattah
100 percent. Not 99, not 99.9, 100 percent. Now, if I could ask the administration to
get some additional information, because I'm done beating around the bush. Let's go
right to it. I keep hearing the County, the County wouldn't do this, the County
wouldn't do that. Mr. Manager, could I ask Mr. Springs [sic] to come up here for a
second? Because I think he's the one that's got the answers. If not, get whoever else
has it. Mr. Springs [sic], in this expansion, what does the County want back from us?
Larry Spring (Chief Financial Officer): When you say this expansion, the --?
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Vice Chair Carollo: In the 17 years expansion.
Mr. Spring: They will be keeping --
Chair King: Extension of life.
Vice Chair Carollo: Extension.
Mr. Spring: Extension of life. An extension --
Vice Chair Carollo: Expansion, extension.
Mr. Spring: Well, it is separate but in the extension --
Commissioner Pardo: 23 years.
Mr. Spring: Yeah. In the extension, they are asking back -- which has always been in
there -- 35 percent off the top.
Vice Chair Carollo: Both sides, theirs and ours.
Mr. Spring: Yeah, of the total so --
Vice Chair Carollo: Of the total.
Mr. Spring: -- that's predominantly theirs.
Vice Chair Carollo: Okay, but our side has more money than theirs.
Mr. Spring: Yes.
Vice Chair Carollo: So, at the end of the day, at least beginning in that first year, it 's
about even. We're not getting anything from them.
Mr. Spring: Close. 35 percent -- I think it's about a 60-40 split, so yeah, it's right
there.
Vice Chair Carollo: It's much more than --
Mr. Spring: Them 40, us 60, so 35 is right there.
Vice Chair Carollo: It's -- I think it's more than that, based upon what I'm looking at.
And as it grows into those years, that the City expands even more, I think that falls
more in their favor than ours so --
Mr. Spring: Yes, I would agree with that.
Vice Chair Carollo: At the end, if you add them all up together, you know, the whole
17 years combined, it's basically an even split that they didn't give us anything. So,
Tye don't need the County for the expansion for anything. I don't want to be hearing
the County, the County, the County. The County's not giving us anything. It's our own
money. And on top of that, they're going to put a commission or two and who knows
what other stuff is in this agreement for them to have a say-so in our money. Now,
having said that, we have an ordinance in this city that was implemented back when I
was here as mayor, and it was done jointly with Arthur Teele at the time, because
even though a lot of people forget, we had the biggest true financial crisis that the city
ever ran into back then, with a 50 percent deficit; 25 percent one year, 25 percent the
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next, but we found out about it when the fiscal year was being finished. So, it was 50
percent. We made this ordinance that is very clear, anti -deficiency ordinance, where
you cannot spend monies that you don't find out how you're bringing it in, where's it
coming from. All this talk that, Commissioner Gabela, we're going to take care of
you, don 't worry, it's going to be this, it's going to be that. That's great, but there's
one little problem. Anywhere that you go in the City to pull money from, you have to
do one or two things. You have to find the replacement for that money into the general
fund or you have to deduct from the general fund for that money that you gave away.
There could be a third, you know, maybe manna from heaven would fall, it would be
gold plated.
Chair King: Commissioner, you have five minutes. I allowed them to answer the
question, if you could wrap it up now.
Vice Chair Carollo: I -- to wrap it up, this all goes hand in hand. You cannot approve
this going into the future without deciding what the future is, and it don't have to be
through a CRA. Because at the end of the day what matters is where 's the beef
where's the money to take to Allapattah and to make the impacts immediately. Now,
I'm going to say this, and I don't care because, you know, I'm an old guy. What more
punches are they going to take at me, you know? The local tabloid is going to do
another editorial against me, another story. So what? But all the CRAs that we have
in the city, and I'm not complaining about them because I've supported them, they're
all in areas that are not Hispanic areas. Why can 't we have, if not a CRA, which is
going to be very difficult to accomplish, and you all know that, why can't we have
something that will be similar to it in a Hispanic area? But you can't do it without
looking at the funds that are corning out from this Omni CRA. This Omni CRA, six
more years that it has in 30 years, there's nothing for it to do. It's only going to be
there then to make money for rich guys to become richer. And that's the bottom line.
Chair King: Thank you, Commissioner. Commissioner, I believe it's Commissioner
Pardo's turn.
Commissioner Pardo: Yeah, Madam Chair, just a couple of quick things. First, City
Attorney, could you read the definition of slum and blight?
Commissioner Reyes: Okay.
Mr. Wysong: Hold on.
Vice Chair Carollo: When I can.
Chair King: Wait, wait, it's Commissioner Pardo's turn.
Vice Chair Carollo: Yeah.
Chair King: Let him speak. I believe he asked a question of the City Attorney.
Mr. Wysong: So, the definition of a slum area means an area having physical or
economic conditions conducive to disease, infant mortality, juvenile delinquency,
poverty, or crimes because there is a predominance of buildings or improvements,
whether residential or non-residential, which are impaired by reasons of dilapidation,
deterioration, age, or obsolescence, and exhibiting one or more of the following
factors: Inadequate provision for ventilation, lights, air sanitation, or open spaces,
high density of population compared to the population density of adjacent areas
within the county or municipality, and overcrowding, as indicated by government
maintained statistics or other studies in the requirements of the Florida Building
Code or the existence of conditions that endanger life or property by.fire or other
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causes. Blighted area means an area in which there are a substantial number of
deteriorated or deteriorating structures in which conditions, as indicated by
government maintained statistics or other studies, endanger life or property or are
leading to economic distress in which two or more of the following factors are
present: A, predominance of defective or inadequate street layout, parking facilities,
roadways, bridges or public transportation facilities; B, aggregate assessed values of
real property in the area for ad valorem tax purposes and failed to show any
appreciable increase over the five years prior to the finding of such conditions; C,
faulty lot layout in relation to size, adequacy, accessibility, or usefulness; D,
unsanitary or unsafe conditions; E, deterioration of site or other improvements; F,
inadequate or outdated building density patterns; G, falling lease rates per square
foot of office, commercial, or industrial space compared to the remainder of the
county or municipality; H, tax or special assessment, delinquency exceeding the fair
value of the land; 1, residential and commercial vacancy rates higher in the area than
in the remainder of the county or municipality; J, incidents of crime in the area higher
than in the remainder of the county or municipality; K, fire and emergency medical
service calls to the area proportionally higher than in the remainder of the county or
municipality; L, a greater number of violations of the Florida Building Code in the
area than the number of violations recorded in the remainder of the county or
municipality; M, diversity of ownership or defective or unusual conditions of title
which prevent the free alien ability of land within the deteriorated or hazardous
areas; N, governmentally owned property with adverse environmental conditions
caused by a public or private entity; 0, a substantial number of percentage of
properties damaged by sinkhole activity which have not been adequately repaired or
stabilized.
Commissioner Pardo: You can stop. The bigger point here is that it's very broad and
a lot of it has to deal with infrastructure, condition of roads, flooding, et cetera and
need and affordable housing. At the last commission meeting or the budget meeting, it
was said that we are raising the flag of Overtown, like we 're somehow using that as
some method. No, we are raising the flag for Overtown because for 24 -- ever since
this Omni CRA existed, we've only invested 6 percent in our share of Overtown,
which is 40 percent. That's not talking about Edgewater, that's not talking about all
the infrastructure, all the problems we have within the Omni CRA district. Our
capacity isn't even enough to deal with any of that, right? So, there's plenty of need,
is the point I'm trying to make. And I reject the politics of division, I reject the politics
of fear or of lack of trust in each other. It's very clear that all of us are committed to
an Allapattah investment. Commissioner Reyes introduced a TIF structure, very
concrete, makes sense, it would handle it immediately, it's right here in front of us.
That doesn't have to be it. We could look at many other structures, but our point is
that takes time. It's already lost $24 million in capacity. I vehemently disagree with
Commissioner Carollo about just defer, time doesn't matter, we can just keep going
like this, because it keeps eating into the capacity that we have. Like I said, we have a
check on our desk, let's put it in the bank. As we all know, the politics can change
around this topic. We may not even have this opportunity without us even knowing. It
is reckless and irresponsible not to go ahead and extend this today. I wanted, Isiaa, to
give you just a quick opportunity if you had anything else to add.
Ms. Jones: Commissioners, Commissioner Carollo, you asked what is the urgency?
Housing affordability in the city. We talk about the struggling businesses that we have
in the CRA. We also talk about the struggling office spaces, the empty office spaces,
the empty shop fronts, the blight that is in the area, the stormwater mitigation projects
that have not been done since 1987. And all of the efforts that we 're doing now, we're
saying, you know what, we are also putting Overtown and the needs of our residents
at the forefront of every item that we bring to the Commission. Our projects include
the Dorsey Park, right? Our project includes housing affordability in the area. We are
looking to do assemblages, not just to build just because we want to build, but to
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address the concerns and the issues that we are facing here in Miami. And
Commissioner Gabela, we want to do the same for your neighborhood too. And that is
why we're saying 24 years of what we have left in Omni is not enough. 40 years is
what Allapattah deserves. Allapattah deserves the attention and the needs that you
have advocated for today. And we are asking for you to allow us as staff to work with
the City and the County to help you to push within the time frame and to make sure
that we can do this. But guess what? We can do this. We can do Omni and we can do
Allapattah. And we would love to push on two parallel fronts to push the items
forward. And I believe that we have the will of the City and the residents. They came
here today. They talked passionately. They were so passionate, and we love it. We
love the community engagement. And we are willing to help and to even help to
kickstart any redevelopment efforts, right? One of the other things that we're looking
to do is to bring the Florida Redevelopment Association to make sure that they can
provide all of our local comnumities with the tools that are needed to succeed. And
Commissioners, we are here, we are committed, and --
Chair King: Thank you, Director.
Ms. Jones: -- let's go.
Chair King: Thank you. Thank you.
Vice Chair Carollo: 1 don't get --
Chair King: I'll -- hold --
Vice Chair Carollo: -- any rebuttal time for all that she addressed?
Chair King: No. May I speak?
Vice Chair Carollo: Absolutely but --
Chair King: Okay, my turn.
Vice Chair Carollo: And I feel like I'm in a recent debate that I saw, but anyway.
Chair King: Oh, thank you. Thank you for the comic relief
Vice Chair Carollo: I'm glad you got a good laugh.
Chair King: Here's my issue. It's difficult for me to ignore the advocacy that we saw
here today. Everyone is in agreement that Allapattah is suffering. We received this
seven page memo last night. I didn't get a chance to read it. I have asked staff since
July to come forward with a feasibility study to tell us whether it's feasible for the
expansion into Allapattah is feasible, it can be done. Silence. I said it at the budget
hearing, nothing. We haven't got a report yet. Then Commissioner Gabela presents
this map today and for everyone that I've spoken to about it, says this is a good,
viable option. Then Commissioner Reyes presents this 10 minutes ago, I haven 't had a
chance to read it. Now, I can tell you to cut through the rhetoric, if you want that
extension of time, you would have worked on this. You would have worked on this.
You would have given him his opportunity to speak to all of us, and you didn't. And
now at the last minute -- and let me make it clear, I don't need to hear from you
again, Executive Director. Let me make it clear, time wounds all deals. And I believe
that time wounds all deals, but we cannot keep a deaf ear to what is happening. And if
you wanted to -- if'staff wanted to, you would have gotten this from him before we got
it today. You would have sent this to me before last night and I would have had a
chance to look at it, read through it, have comments for it. I support the extension of
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life of the Omni CRA. I've said it once, I've said it twice, I'll say it again. I support
the extension of life for the Omni CRA. However, I know because 1've spoken to
several members of Miami -Dade County and there is a viable path for both the
expansion and the extension of life. I cannot, in good conscience, just ignore what my
colleague has been asking for. And I do not believe that another two weeks is going to
be detrimental. I do not, because of stuff like sending a seven page memo last night,
not making ourselves available to hear about this plan. We can 't all say, we agree, we
agree, Allapattah is suffering but -- that's not fair. There's a motion on the floor for
deferral. Do I have a second?
Commissioner Gabela: Second.
Commissioner Pardo: Madam Chair, I do have to say one thing.
Chair King: Commissioner Pardo, Commissioner Pardo.
Commissioner Pardo: Please, please. No, this is important.
Chair King: Commissioner, I'm going to acknowledge you. Now, this is what I'm
talking about.
Commissioner Pardo: Yeah.
Chair King: It depends on whose ox is being gored when you can over talk me or
when you can speak without being recognized. I'm going to recognize you.
Commissioner Pardo: Oh.
Chair King: Just give me an opportunity.
Commissioner Pardo: I apologize.
Chair King: Yes, I appreciate it is a passionate subject. I appreciate it is a passionate
subject. There were people here from Allapattah who were waiting outside, waiting
outside to speak on this item. We have to as a body, and everyone here agrees,
everyone here agrees that Allapattah is suffering, everyone. But who 's going to do
something about it if we don 't collectively do something about it? Commissioner
Pardo, please.
Commissioner Pardo: I just wanted to say, and I'm sure that this is what the
Executive Director wanted to say, she has been exhausted creating all of these
projections and all of these numbers. Her and her staff identified the overlap. On
multiple occasions, they have put memos out and before, and I can 't speak to when
emails went out or when they didn't, but I know for a fact they have been trying to get
this information out for a long time. They even set up a specific meeting for
Commissioner Gabela and his staff to come in and explain the numbers one by one
and to do a tour of the area so he could see for himself what's in Overtown and he
could see for himself I know he had work commitments. I get it. But the point is, they
have done everything possible. The staff that represented there simply stated that they
would not have anything of it, that this was some kind of controversy or a trap, and
they got up and left. And so it's been very difficult to communicate, even all the work
that has been done. And it's important, and I think part of that is trust and fear. And
Tye just as a body have got to stop or at least lessen those emotions and understand
that we're all trying to help each other. We're not divided. We're trying to help.
Chair King: Commissioner Gabela.
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Commissioner Gabela: Okay, number one, I've been asking for a Sunshine meeting
and that is on the record a month ago. We have the emails; we have the proof. That 's
number one. Not once have you guys agreed to have a Sunshine meeting regarding
the subject. Number two, when my crew went out there, you guys gave notice 8
o'clock the night before the morning. They show up at 8:30 in the morning, okay? So,
you would expect if you're at this for a long time, give me two days or three days, you
know, but you said it at 8:30 is when you guys sent the memo like what you did with
this, like what she's talking about, what you did with this. Don't tell me that my office
has not been cooperative with you guys, because you guys have been in my office as
many times as you like. We spoke about this, okay, on many occasions, okay, and yes,
nay staff went out there because what they told me was that the whole tour was so you
guys would show them where the overlap was and make your legal case against the
map. That's what I've been told. Now, as for me, as Pr me, the memo and the
invitation to take a tour with you, which I would have gladly done, came at 8:30 the
evening before that morning. Do you think that 's -- that's (UNINTELLIGIBLE)?
You 're telling me you guys want to work hard? Well, give me some notification a
week before, you know. And don't tell me I haven't had -- I haven't had -- been asking
for a Sunshine meeting for over a month now, okay, because we 're on record, and if
you want, Frank, go produce those records, and we'll give them to you so you have it.
Don 't tell us that we haven 't been on top of this. I've been very on top of this. But
what you guys want to do is you guys want to go ahead and ram this through and then
you get your way --
Commissioner Pardo: That is --
Commissioner Gabela: -- and we go bye-bye. That's what you guys want to do. Okay,
nobody's dividing here. I've been asking for one month now I've been asking for a
Sunshine meeting.
Chair King: Thank you, and --
Commissioner Gabela: Disrespectful is what it is.
Chair King: Thank you, and he has and I can attest to that. I was available but I was
told that the chair of the Omni CRA was unavailable, and I didn't think it fair to have
a meeting about the Omni CRA without the chair present. So, I did not make myself
available, but he has -- Commissioner Pardo.
Commissioner Pardo: I just want to say no one was' bagging or setting anything up.
That had been a predetermined date and time, and yes, the memo may have come the
night before, but the time and the date had been agreed to. That's all1 want to say.
Chair King: Okay. So, I have a motion and a second, and I'm going to vote in favor of
the deferral because I did not get this information timely. Then, I haven 't had a
chance to review Commissioner Manolo's, and then this map. I want to give all
parties -- and I've said this before. I want to give all parties an opportunity to find a
path forward if there is a path forward. I still have yet to receive a report from staff
on what I requested. So, I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
Commissioner Pardo: This is for the next meeting, correct, our next --?
Chair King: It's for October, the first meeting in October.
Commissioner Pardo: No, why not the second one in September?
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Chair King: Because that's the budget and it's --
Commissioner Pardo: Oh, okay.
Chair King: We're going to have budget hearing and all of that. But 1 expect --
Commissioner Pardo: And I'll vote no, obviously, on this but --
Chair King: Obviously.
Todd B. Hannon (City Clerk): Commissioner Reyes, were you voting yes or no on the
deferral?
Commissioner Reyes: No, 1 voted no on the deferral because --
Mr. Hannon: Understood.
Commissioner Reyes: -- I know that we can work this out. And I know that you --
Chair King: We should start working it out. We should --
Commissioner Reyes: Yes.
Chair King: And that is the message that I'm trying to send now.
Commissioner Reyes: That's right.
Chair King: Work it out. I believe the City Attorney has a statement to read for the
record.
Mr. Hannon: And just for the record, the motion passes 3-2.
Chair King: The motion passes 3-2.
Commissioner Reyes: (INAUDIBLE).
Commissioner Pardo: Right, they're not.
Chair King: I agree, but let's work together, let's get it done.
Commissioner Pardo: We've been trying.
Chair King: There's some urgency now.
DI.3 DISCUSSION ITEM
16251
Commissioners
and Mayor
A DISCUSSION ITEM REGARDING THE POSITION OF CHAIRMAN
OF THE BAYFRONT PARK MANAGEMENT TRUST.
RESULT: DISCUSSED
Chair King: And at this time, I am going to turn the gavel over to our Vice Chair to, I
believe -- well, all we have are boards left?
Commissioner Gabela: Yeah, we're all done.
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Commissioner Pardo: We have FR.1.
Commissioner Gabela: What are we -- F what?
Chair King: No, that was deferred to --
Commissioner Pardo: Oh, it was deferred?
Chair King: Yes, that was deferred.
Commissioner Pardo: Thank you.
Chair King: So, all we --
Todd B. Hannon (City Clerk): D13.
Chair King: Can we consider DI.3 --?
(COMMENTS MADE OFF THE RECORD)
Commissioner Pardo: We don't need to.
Chair King: We don't need to, okay.
Mr. Hannon: So, D1.3 is a part of FR.2.
Chair King: Yeah, it would be part --
Commissioner Pardo: Yeah.
Mr. Hannon: We'll show it as discussed with FR.2.
Chair King: -- part of FR.2.
END OF DISCUSSION ITEMS
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PZ.1
16562
Department of
Planning
PART B: PZ - PLANNING AND ZONING ITEM(S)
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION TO
RECONSIDER RESOLUTION NO. R-24-0212, WHICH DENIED THE
APPEAL FILED BY ARTHUR NORIEGA V, CITY OF MIAMI CITY
MANAGER, AND MIGUEL FERRO, THE THEN EXECUTIVE
DIRECTOR OF BAYFRONT PARK, ("APPELLANT") OF THE
DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD
THEREBY REVERSING THE CITY OF MIAMI PLANNING
DEPARTMENT'S ISSUANCE OF WARRANT NO. PZ-23-16544
ISSUED PURSUANT TO ARTICLE 4, TABLE 12, AND ARTICLE 7,
SECTIONS 7.1.1.2 AND 7.1.2.4 OF ORDINANCE NO. 13114, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("MIAMI 21 CODE"), TO ALLOW FOR THE
RECREATIONAL FACILITY USE ON A PARCEL ZONED "CS," CIVIC
SPACE TRANSECT ZONE, LOCATED AT 1095 BISCAYNE
BOULEVARD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Christine King, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: Item PZ.1 was continued to the October 10, 2024, City
Commission Meeting.
Note for the Record: For additional minutes referencing Item Number PZ.1,
please see "Public Comments for all Item(s)."
Chair King: Thank you. So, PZ.1, may I have a motion for reconsideration? PZ.1.
Vice Chair Carollo: (INAUDIBLE) motion for reconsideration?
Chair King: Yes.
Commissioner Gabela: PZ.1, what is PZ.1 again? I'm sorry, I'm in La -La Land right
now.
Chair King: PZ.1 is the gym equipment --
Commissioner Gabela: Gym equipment.
Chair King: -- we have to reconsider.
Commissioner Reyes: Ma'am, Madam Chair, ifI may.
Chair King: Yes. More on this? You want to discuss more on this?
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Commissioner Reyes: No, no, no. I'm talking about the reconsideration of the --
Chair King: That's PZ.1.
Commissioner Reyes: That's right. PZ.1, what I'm going to say is this. It's vefy
simple. People spoke.
Chair King: Yes.
Commissioner Reyes: Okay? I don't think that we should reconsider this because we
are opening a Pandora's box. When we start reconsidering --
Chair King: We have to. Legally, we have to.
Commissioner Reyes: No, we don 't have -- Mr. City Attorney, the only thing that he
has to do is get a warrant and that's it.
Chair King: But we have to reconsider to go to PZ.2 for the warrant.
Commissioner Reyes: Oh.
Chair King: So, that's the process. So, I have a motion.
Commissioner Reyes: But we don't -- the vote is not reconsidered.
Commissioner Gabela: You guys got me confused now.
Commissioner Reyes: Okay.
Chair King: Mr. City Attorney', can you please explain what needs to be -- what is
PZ. 1, what are we voting for?
Mr. Wysong: So, PZ.1 is a -- it's essentially an opportunity for the commission to
reconsider resolution number R-24-0212 which denied the appeal filed by --
Commissioner Reyes: Okay.
Mr. Wysong: -- Arthur Noriega, the City of Miami Manager, and Miguel Ferro, the
then -director of Bayfront Park. This is a procedural motion.
Commissioner Reyes: But you don't need that.
Mr. Wysong: It was noticed on the agenda so that the opponents would have an
opportunity to understand what the City Commission was doing. It's no different than
any time you would make a motion to reconsider. This is one of the ways that the -- let
me just go sort of read a brief statement. We're here in response to results of the City
of Miami referendum special election held on August 20, 2024. As you know, there
was a question on the ballot that required, and you saw it on earlier, shall the City of
Miami keep already installed outdoor gym equipment like in many of our parks at the
city park located at 1075 Biscayne Boulevard, Miami, Florida, 33132, also known as
Maurice A. Ferre Park, to enhance residential facilities and promote community
health and fitness for all our residents? And as shown in RE.1, which where you
acknowledge the results of the election, over 79 percent of the electorate voted to
approve referendum question number three. However, the election results only
guarantee that the gvm equipment shall remain in Maurice Ferre Park. We are left
with the issue of a warrant is needed to open up the gym equipment for use. The
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referendum question did not have the effect of granting a warrant for its use because
Florida law does not permit development orders such as a warrant to be granted by
referendum or initiative. So, in order to resolve the warrant question, it is the advice
of my office that the reconsideration of the warrant appeal item is appropriate. The
reconsideration is appropriate pursuant to the City Commission's Rule of Procedures,
Mason's Rules. Particularly, we looked at Chapter 41, Section 450, Right to
Reconsider, and 451 allows the reconsideration of items where, essentially, it says, an
action cannot be reconsidered when, for any reason, it is not possible to cancel,
nullify, or avoid the action previously taken. In general, the action cannot be canceled
or made ineffective when, A, vested rights have been acquired as a result of the
action. So, upon the determination of the City Commission in R-24-0212, nothing
changed. The gym equipment remained. There was a fence around it.
Commissioner Reyes: Yes.
Mr. Wysong: There were no vested rights either given or taken away. So, there were
no vested rights acquired as a result of the action after the adoption of the resolution.
B, rights cannot be constitutionally or legally taken away. Doesn't apply here. The
subject is beyond -- C, the subject is beyond the control or out of the reach of the body
taking the original action. It's our position that it is still within the control of the City
Commission. D, it may be inhibited from acting by the requirement of notice. We put
forth notice and in the event that the City Commission decides to reconsider PZ.2,
that item has been properly noticed for today's hearing, so that is not an issue. So,
every legislative body has the inherent right to reconsider a vote on an action
previously taken by it. So, we believe it's appropriate to reconsider the item.
Reconsidering the item does not open the door to reconsider every item of the City
Commission. The termination of whether an item may be reconsidered is to be
conducted on a case -by -case basis. So, if somebody wants to make a motion to
reconsider a past action of the City Commission, we will look at the rules, your rules,
to determine whether or not it is appropriate to consider that item. In most instances,
it would not be appropriate because vested rights would have been acquired by result
of the action. Here this is a unique case. And further, you heard earlier today from
Mr. Burton, I believe it is, who is representing the parties in the election case where
they're disputing the ballot question. And he provided a document that was
distributed to the City Commission and is part of this record, wherein he makes his
argument against the reconsideration of this item. There were a couple issues with
that as I briefly spoke to him and indicated this is not a motion of the Planning
Department. It's actually a motion of a member of the City Commission if a member
so makes that motion. Mason's is clearly the rules of the City Commission and the
City Clerk can provide the copy of the resolution from -- what year was that? 1972, I
think.
Todd B. Hannon (City Clerk): 1960.
Mr. Wysong: 1960. So, since time immemorial, certainly before my time, Mason has
been the rule of the Miami City Commission. It is appropriate under the Mason rules
if there is a desire to reconsider the item. If the City Commission agrees to reconsider
the item, then we will move to PZ.2. The reconsideration will reset the item and
consequently a vote will be required to either approve or deny the appeal. It will be
like resetting the clock. I suggest that if you do reconsider the item and you open it up,
that you give some time, I suggest 10 minutes on each side, for the parties to speak to
the reconsideration and/or to the appellate issues. If you want -- and ultimately, as I'll
explain at the end of that, if you want the gym equipment to be used, you will vote to
grant the appeal, reverse the PZAB (Planning, Zoning and Appeals Board), and
affirm the granting of the warrant. Or, if you want to preserve the status quo, you
should vote to deny the appeal, affirm the PZAB, and reverse the decision of the
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Planning Department. So, PZ.1 is just a procedural motion to determine whether or
not you wish to reconsider PZ.2.
Chair King: Thank you, George. Do I have a motion for PZ.1 to reconsider?
Mr. Hannon: Commissioner Carollo made the motion at 4:51 p.m.
Chair King: And who made a second? Is there a second to reconsider PZ.1. I second
it. We can't get to PZ.2 to allow the community to use the gym equipment if we don't
reconsider PZ.1. So, I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
Steven Smith: We don't have an opportunity to comment?
Chair King: Oh, I was -- weren't you going to comment on number two?
Mr. Smith: No, number one.
Chair King: I'm so sorry. I'm so sorry. I don't believe that they need ten minutes. I
don't get ten minutes in court. So, Fin going to allow our city attorney to start.
Mr. Smith: Related to the re -hearing.
Chair King: The reconsideration.
Mr. Smith: Reconsideration.
Chair King: Five minutes.
Commissioner Reyes: Okay, I'm not that clear, Madam Chair. I want more
clarifications.
Chair King: Okay. Can we clear this up --
Commissioner Pardo: We should defer.
Chair King: -- for Commissioner Carollo? What? Somebody said what?
Commissioner Pardo: I thought it was saying defer.
Chair King: Oh, no.
Commissioner Reyes: Okay. Well, I'rn not that clear because when I spoke with you --
Mr. Smith: I can't hear you, mic.
Commissioner Reyes: -- you see, there were three options, okay.
Mr. Smith: I can't hear you.
Commissioner Reyes: There were three options and one of the options were, you see,
the people spoke and the only thing that the Trust had to do is to reapply for a
warrant and that's it. We don't have to go through all of this. I mean, that is because
personally, personally, I am against reconsidering things that have been passed
months ago, because I would like to reconsider a bunch of things that I was in the
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minority, I was in the losing side. You see, you know what I mean? And when you're
asking for a reconsideration, you have to be on the winning side.
Mr. Wysong: Right. No, actually, I'm sorry. Pursuant to Mason's rules, and you can
clarify with the City Clerk --
Commissioner Reyes: Okay.
Mr. Wysong: -- under Mason's, any member can move to reconsider.
Commissioner Reyes: You told me that it was not needed.
Mr. Wysong: Yeah, well, let me -- let me --
Commissioner Reyes: The only thing was, okay, people spoke, 80 percent of the
people said, yes, the equipment is going to stay there, it's going to stay there, and
that's what is needed for that to be, to stay there. And an application jroa warrant,
and that 's it.
Mr. Wysong: And let me --
Commissioner Reyes: That's it. 1 mean, that is my point, and I don 't think we have to
complicate this that much.
Mr. Wysong: Let -- I apologize, Mr. -- Commissioner, you're right. I did tell you there
were three options. Option one is to reconsider. Option two is to amend Miami 21 to
remove the requirement for a warrant to -- for the City to place gym equipment in a
city park. And option number three would be to reapply for the warrant and start the
process all over again.
Commissioner Reyes: And that's it. That's it. That's what I'm in favor of.
Mr. Wysong: And the administration decided the most expeditious way because there
is a concern that I guess the gym equipment is currently surrounded by a fence and is
unable to be used, they chose option number one, which was the reconsideration. So,
you do -- you're right, sir, there are three options.
Commissioner Reyes: That's the one that I told you. I mean, because it is -- we setting
an example. You have to ask for a warrant, and that's it. Like everybody, I do that. I
have nothing against the equipment, exercise equipment, every single one of my parks
have one. But I have to go through a warrant, you see? I have to go through a
warrant. And that is, I don't want to set any precedents here or create a precedent
that you can come in and I said, okay, I don't agree with the vote that we took with
Melreese, for example, I want to reconsider that because we need a four -fifths and
now I have two people that are against it, you see? You understand my point, Madam
Chair?
Chair King: I understand your point.
Mr. Wysong: Could we just add --
Chair King: City attorneys.
Mr. Wysong: The Planning --
Chair King: And --
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Mr. Wysong: I'm sorry, the Planning Director was saying that there is a warrant, the
Planning Department issued a warrant, and essentially you would -- well, let me --
David Snow (Director, Planning): Right, so the warrant's been applied for, the
equipment, it went through the warrant process, it was appealed, it was appealed
again to commission, so now this is to re -hear that appeal for the warrant, it's been
applied for. If we don't go through this process, they're going to apply for the warrant
again, they're going to appeal again, we're going to be right back here again.
Commissioner Gabela: You know, 1 think 1'd like to keep doing that because they
seen to be doing it to my Allapattah thing. Nobody says we're going to do this. So,
you know what? Not that I'm for the gym equipment, I'm against the gym equipment,
or vice versa, but I think 1 like that idea. You know what I mean? Of keep going and
keep going like they've been doing to me on nay Allapattah thing. I said this is what 1
want, and then over there they say, you know, you've got to have this. Over here they
say, no, you can't have this. And you know what? Whatever keeps it going, that's the
way I'm going to vote.
Unidentified Speaker: Thank you, Commissioner.
Amanda Quirke Hand: Chairwoman, may 1 be heard?
Chair King: Yes, please.
Ms. Quirke Hand: Okay. Good afternoon, Amanda Quirke Hand, offices at 3 -- 1395
Brickell Avenue, Suite 800. On behalf of the City of Miami as outside counsel in this
matter, I represent the Bayfront Trust -- the Bayfront Park Trust and the City of
Miami as appellants in this case. We would like for you to reconsider the item on the
basis. There is very, very limited circumstances in which Florida case law supports
the reconsideration of items. An administrative agency may have inherent authority to
reconsider their decisions where there is substantial change in circumstances. In this
case, the previous decision was -- was -- there was many statements made on the
record in support of the previous decision that there was no support for the gym
equipment. And that is not the case. As you noted --
Commissioner Reyes: There's a warrant there.
Ms. Quirke Hand: -- and I would like to enter into the record, I will give this to the
Clerk at the end, on August 27th, the Supervisor of Elections certified the election that
80 percent of the residents of the City of Miami are in support of the gym equipment.
So, in light of this additional fact that was not able to be considered, we would
respectfully request you reconsider. There is something else that came up today on the
public record that I must bring to this board's attention. Mr. Steven Smith did state on
the record that he is now a board member of the Bayfront Park Trust and he also
signed the appeal that went to the PZAB that we are all here on today. There is also
case law that indicates that you cannot appeal yourself. So, in other words, would you
be sitting here taking an appeal of a member of the Planning and Zoning Appeals
Board of a decision of the Planning and Zoning Appeals Board? The Bayfront Park
Trust is the applicant and the appellant in this case. So, we'd like for you to also
consider that fact for those two reasons, and those are limited and exceptional
circumstances in which the decision can be reconsidered. And as the Planning
Director has pointed out, that gym equipment, the building permit was approved one
year ago tomorrow. So, we have gym equipment sitting there for a year, not being
used, and many residents, 80 percent of them are wondering why.
Mr. Smith: Madam Chairman.
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Chair King: Sir?
Mr. Smith: Madam Chairwoman, I was not on the board at the time of this appeal, at
the time that it was deemed illegal before the PZAB, at the time before this
commission agreed with PZAB that the gym equipment was installed illegally. I find it
hard to believe that at this stage, over such a miniscule item, that the City now sits
here arguing that I'm now not able to articulate an argument to support my appeal.
Ms. Quirke Hand: That's an additional fact that was raised today on the public
record.
Marc Burton: Madam Chairwoman, respectfully, this reconsideration must legally be
denied. Unfortunately, this commission lacks any jurisdiction. The moment in time
when that became true was the 30th day after May 23rd when the PZAB appeal was
denied without further appeal to the circuit court. And just to clarify, the City
Attorney's comments about Mason's legislative manual, it is inapplicable. The
applicable procedures are set forth in Miami 21. These are quasi-judicial
proceedings. The Commission acts in a quasi-judicial proceeding as an appellate
board of quasi judges, not as legislators. That's the reason why you cannot go back
after the appeal time is over and revisit this. We cited cases in the letter that was
provided to the Commission, Mills against Laris Painting Company. It's a Florida
Supreme Court case. What it said, it has frequently been held that administrative
agencies have inherent or implied power, as my colleague has indicated, comparable
to that possessed by courts to rehear or reopen a cause and reconsider its action or
determination therein where the proceeding is in essence a judicial one. It is also
generally recognized that the power to rehear or reconsider must be exercised before
an appeal from the original order of the administrative body has been lodged or
before such order has become final by lapse of time without a timely appeal. This has
been reiterated in the Florida cases. We also cited a case, Smull against the Town of
Jupiter. That had to do with a zoning appeal. It 's very on point. There's a bunch of
other cases that we cited and there's a bunch that we also did not. So, were this board
to act, it would be re -- it would be assuming jurisdiction that it does not have. The
jurisdiction is conferred not only by Florida case law, but Miami 21. Mason's
Manual, to the extent it could ever apply, applies only to legislative enactments and
not to quasi-judicial enactments. The City Attorney's recitation confuses that
important distinction. And that is the reason to Commissioner Reyes 's point why we
don't revisit Melreese and all the other things that have ever been appealed to this
body. So, I don't want to take an opinion as to how the City should react to the 80 or
79, to be accurate, percent vote. We're obviously in litigation contending that it was
an illegal election. But to the extent the City will do that, I can't give it advice. But
one avenue that is not available to it is reconsidering the denial of the PZAB appeal.
Otherwise, anyone who's ever failed at the PZAB appeal before this commission
could equally say there's a change in consideration and a change in circumstances
and we should revisit it now. It is absolutely foreclosed. I would add with one final
thing. If this body grants PZ.1 and reconsiders and opens this all up, our request
would be that PZ.2, the substantive reconsideration, the rehearing, the representation
of evidence, first of all, Miami 21 is absolutely, clear that new evidence may not be
considered. These are de novo appeals. The fact that there was a subsequent election
is legally irrelevant to this appeal and may not be considered. Whatever the City
wants to do with it, it cannot handle it that way. That's number one. Number two,
given the fact that this was only noticed on the Commission agenda last week and this
does not apply with the appeal notice procedures that would otherwise be relevant to
a PZAB appeal, we would request that if reconsideration is granted in PZ.1, that the
substantive rehearing be deferred so that our clients can have further time to present
their case to the extent that it is reheard. That would be our request.
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Mr. Hannon: And Chair, my apologies. Can 1 have both of the speakers, can 1 have
you both state your name on the record?
Mr. Smith: Steve Smith, 900 Biscayne.
Mr. Burton: My name is Marc Burton.
Mr. Hannon: Thank you.
Ms. Quirke Hand: As the City Attorney --
Mr. Wysong: I just want to clarify one comment. PZ.2 was properly noticed. Notice
was sent to the property owners by the Planning Department in a timely manner and
so you may not have seen it because you're not an attorney of record for the PZ.2
item, butt can assure you that the notice was properly sent out for PZ.2.
Mr. Burton: My understanding is that notice requires for appeals of the PZAB to the
Commission, a certain number of days, a certain amount of publication and papers of
record and so on and so forth that 1 do not believe occurred in this circumstance.
Chair King: Okay, we're not going to go back and forth on -- the City Attorney has
said that the notice was proper. We're going to leave it at that. That's --
Mr. Smith: I did -- Madam Chairman, I did not, as the appellant, receive any notice in
the mail or otherwise that this was going to be reheard.
Mr. Wysong: Are you here?
Mr. Smith: Yeah, because of -- that doesn't mean that you --
Mr. Wysong: Thank you.
Mr. Smith: -- followed the law and notified me properly.
Ms. Quirke Hand: Just to clarify the -- or reiterate the point that the City Attorney
made on the record, this is a really unique case because the City of Miami could not
appeal the previous decision. So, it is our position that the board never lost any
jurisdiction over this matter. In other words, the City Commission could not appeal
itself so that jurisdiction has not been lost and the matter may be reconsidered in this
special circumstance.
Mr. Burton: There is case law to the effect that the second there was a written order --
Chair King: Okay.
Mr. Burton: -- the clock began.
Chair King: Thank you.
Mr. Burton: Thank you.
Chair King: Ms. Hand, we don't need to -- the back and forth with all attorneys
present. And we have -- we lost a colleague, so we're going to see. I personally like
the option two or three to move forward without having the reconsideration. I'm not
swayed one way or the other by someone suing the City. We're a litigious society. You
can sue. for whatever. It doesn 't mean that your lawsuit has merit. It doesn 't mean that
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your lawsuit doesn't have merit. I'm not saying whether you have merit or not. I'm
not going in that direction.
[Later...]
Chair King: Now, because there has been so much conversation and Mr. City
Attorney -- Mr. City Attorney.
Mr. Wysong: Yes, Madam Chair. With this reconsideration, give us some guidance.
This is what you provided in our brief -- in my briefing. 1 don't know about anybody
else's briefing, but that is what I was told was the best path forward to get to having
the gym equipment being used by the community. My colleague is saying here that he
doesn't care for the reconsideration. 1 don't know. Maybe we can defer PZ.1 and 2
until we can get more information.
Commissioner Gabela: Good idea.
Chair King: Would that --? I heard a good idea.
Commissioner Pardo: Agreed.
Chair King: A good idea. May 1 have a motion to defer PZ.1 and 2?
Mr. Hannon: So, my apologies, yes. I just need the date.
Vice Chair Carollo: Next meeting?
Chair King: Or maybe the October meeting because the next meeting is the budget.
Steven Smith: Or January.
Chair King: So, to the October --
Commissioner Pardo: January isn't a bad idea.
Chair King: To the October meeting.
Mr. Hannon: October loth, which is the first meeting.
Chair King: The first meeting, yes. Do I --?
Commissioner Gabela: Motion.
Chair King: I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
Mr. Smith: I'm not in town that week.
Chair King: Thank you. Thank you for your advocacy. Thank you.
Marc Burton: Just for clarification, PZ. 1 and 2 are both --
Chair King: Deferred.
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PZ.2
15113
Department of
Planning
PZ.3
16172
Commissioners
and Mayor - PZ
Mr. Burton: -- deferred?
Chair King: Yes, sir. Thank you.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE
APPEAL FILED BY ARTHUR NORIEGA V, CITY OF MIAMI CITY
MANAGER, AND MIGUEL FERRO, EXECUTIVE DIRECTOR OF
BAYFRONT PARK, ("APPELLANT") OF THE DECISION OF THE
PLANNING, ZONING, AND APPEALS BOARD THEREBY REVERSING
THE CITY OF MIAMI PLANNING DEPARTMENT'S ISSUANCE OF
WARRANT NO. PZ-23-16544 ISSUED PURSUANT TO ARTICLE 4,
TABLE 12, AND ARTICLE 7, SECTIONS 7.1.1.2 AND 7.1.2.4 OF
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") TO ALLOW
FOR THE RECREATIONAL FACILITY USE ON A PARCEL ZONED
"CS," CIVIC SPACE TRANSECT ZONE, LOCATED AT 1095
BISCAYNE BOULEVARD, MIAMI, FLORIDA; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Christine King, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: Item PZ.2 was continued to the October 10, 2024, City
Commission Meeting.
Note for the Record: For minutes referencing Item Number PZ.2, please see
"Public Comments for all Item(s)" and Item Number PZ.1.
ORDINANCE Second Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI,
FLORIDA, PURSUANT TO THE EXPEDITED STATE REVIEW
PROCESS SUBJECT TO SECTION 163.3184, FLORIDA STATUTES,
BY AMENDING THE FUTURE LAND USE MAP INTERPRETATION
FOR THE DUPLEX RESIDENTIAL FUTURE LAND USE
DESIGNATION AND THE CORRESPONDENCE CHART TO
ACCOMMODATE A RESIDENTIAL DENSITY INCREASE UP TO ONE
HUNDRED PERCENT IN CERTAIN CASES UP TO A MAXIMUM OF
TWO (2) DWELLING UNITS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 14305
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MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Chair King: Mr. City Attorney, would you please read into the record the titles for the
PZ (Planning and Zoning) items?
George Wysong (City Attorney): Yes, Madam Chair.
Chair King: That would be PZ.3, 4, 5, 6, and 7.
Mr. Wysong: Yes. PZ.3.
The Ordinance was read by title into the public record by the City Attorney.
Mr. Wysong: PZ 4.
The Ordinance was read by title into the public record by the City Attorney.
Mr. Wysong: PZ.5.
The Ordinance was read by title into the public record by the City Attorney.
Mr. Wysong: PZ.6.
The Ordinance was read by title into the public record by the City Attorney.
Mr. Wysong: PZ.7.
The Ordinance was read by title into the public record by the City Attorney.
Mr. Wysong: Thank you, Madam Chair.
[Later...]
Chair King: Okay, let's take up -- does anyone want to discuss PZ.3, 4, 5, 6, or 7?
Can we dispose of those items?
Commissioner Pardo: Did we have a motion on the floor?
Unidentified Speaker: No.
Todd B. Hannon (City Clerk): For PZ.3 through 7? No, only the titles read into the
record.
Commissioner Pardo: No, for PZ 1.
Mr. Hannon: No, yeah, if you're going to table PZ.1 to wait for the fifth
Commissioner.
Chair King: I'll table it, yes.
Mr. Hannon: Absolutely. So, PZ.1 is tabled. Right now, we're discussing PZ.3
through 7.
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Chair King: 3, 4 -- yes, 3, 4, 5, 6, and 7.
Mr. Hannon: And my apologies, Chair. Briefly, PZ.3 needs to be amended pursuant to
substitution memo dated September 5, 2024. PZ.4 needs to be amended. It contains a
blank that needs to be filled in with an ordinance number. PZ.6 and 7 both need to be
amended to add PZAB (Planning, Zoning and Appeals Board) meeting information.
Thank you, Chair.
Chair King: Okay. May I have a motion for PZ.3, 4, 5, 6, and 7?
Vice Chair Carollo: Can we take them? Okay.
Commissioner Reyes: I move.
Vice Chair Carollo: Second.
Chair King: I have a motion and a second. All in favor.* PZ.3, 4, 5, 6, and 7?
Commissioner Gabela: Yes.
The Commission (Collectively): Aye.
Chair King: All in favor -- as amended for PZ.3, 4, 6, and 7. Motion carries
unanimously. Thank you. And we are back with PZ.1, I believe.
Vice Chair Gort: Did we pass PZ.5 or not yet?
Chair King: Yes.
Vice Chair Carollo: Yes.
Commissioner Gabela: We did, okay.
Chair King: Yes, you just voted in favor.
Vice Chair Carollo: Three to seven were passed.
Chair King: Yes, three to seven.
Vice Chair Carollo: PZ.3 to 7.
PZ.4 ORDINANCE Second Reading
16173
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 4,
TABLES 3 AND 4; AND BY AMENDING ARTICLE 5, ILLUSTRATION
5.3 TO CLARIFY THE BUILDABLE UNITS WITHIN "T3-O," SUB-
URBAN TRANSECT ZONE - OPEN; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
ENACTMENT NUMBER: 14306
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MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number PZ.4, please see Item
Number PZ.3.
PZ.5 ORDINANCE First Reading
16224
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," TO EXPAND THE AFFORDABLE
HOUSING TRANSFER OF DEVELOPMENT DENSITY PROGRAM TO
INCLUDE OPPORTUNITY ZONES AND TO PROVIDE OTHER MINOR
CLARIFICATIONS; 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: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number PZ.5, please see Item
Number PZ.3.
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PZ.6 ORDINANCE First Reading
16436 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 "MAJOR INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES" TO "RESTRICTED
COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF THE
SOUTHWESTERN PORTION OF REAL PROPERTY AT 980
MACARTHUR CAUSEWAY, 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 with Modification(s)
RESULT: PASSED ON FIRST READING WITH MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number PZ.6, please see Item
Number PZ.3.
PZ.7 ORDINANCE First Reading
16435 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 "CI," CIVIC INSTITUTIONAL
TRANSECT ZONE, TO "CS," CIVIC SPACE TRANSECT ZONE, FOR
THE SOUTHWESTERN PORTION OF THE PROPERTY GENERALLY
LOCATED AT 980 MACARTHUR CAUSEWAY, 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: Pass on First Reading with Modification(s)
RESULT: PASSED ON FIRST READING WITH MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item Number PZ.7, please see Item
Number PZ.3.
END OF PLANNING AND ZONING ITEM(S)
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FL - FUTURE LEGISLATION
FL.1
16605
City Manager's
Office
ORDINANCE
AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING
CHAPTER 11.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, TITLED "CIVILIAN COMPLAINT INVESTIGATION
AND REVIEW," IN ITS ENTIRETY; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
RESULT: NO ACTION TAKEN
END OF FUTURE LEGISLATION
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NA.1
16657
City Commission
NA. NON -AGENDA ITEM(S)
DISCUSSION ITEM
DISCUSSION BY COMMISSIONER REYES REGARDING A
RESOLUTION CREATING A SPECIAL REVENUE FUND ENTITLED
DISTRICT 1 REVITALIZATION AND ECONOMIC DEVELOPMENT
FUND.
RESULT: DISCUSSED
Chair King: Good morning -- good afternoon, everyone. Welcome back to the City of
Miami Commission meeting for September 12, 2024. I am your chairwoman,
Christine King, and I am joined by my colleagues, Vice Chair Joe Carollo, District 1
Commissioner Miguel Gabela, District 2 Commissioner Damian Pardo, District 3
Commissioner -- and District 4 Commissioner Manolo Reyes. Thank you again for
your advocacy.
Commissioner Reyes: Last but not least.
Chair King: Last but not least. Last but not least. Thank you again, for your advocacy.
Thank you again for showing up. Let's get going again. Let me see where we left off.
Commissioner Reyes: Madam Chair?
Chair King: Yes, Commissioner.
Commissioner Reyes: I have a pocket item that 1, you know, and rightly so. I see it, 1
heard Commissioner Gabela say --
Chair King: Hold on, Commissioner Reyes. Pocket items, we usually don't take up
pocket items because -- unless there's an emergency because --
Commissioner Reyes: No, no, it is, it is, it is.
Chair King: It's an emergency?
Commissioner Reyes: No, no, no, it is not an emergency.
Chair King: Is it time sensitive?
Commissioner Reyes: It is --
Chair King:. If it's not time sensitive or an emergency, I would ask --
Commissioner Reyes: Madam Chair, if you allow me to finish.
Chair King: Okay, but let me finish. I would ask that you adhere to the rules that we
have established.
Commissioner Reyes: Yes, ma'am.
Chair King: Pocket items, because it does not give the community an opportunity to
review the item, if it is not time sensitive and or an emergency, I would ask that we
hold it until the next Commission meeting.
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Commissioner Reyes: The only thing that I'm saying that you distribute it for
everybody to consider to read it and this could be for further discussion some other
time or that instead of being talking about what are we going to do if it is if it is
only promises and then we have something that we can start working with.
Chair King: Okay, perfect.
Commissioner Reyes: Okay.
Chair King: Again, you've distributed to all of us.
Commissioner Reyes: That's right.
Chair King: And again, for pocket items, I'm very --
Commissioner Reyes: Okay. It's a -- it's a resolution.
Chair King: Okay, I'm very sensitive to the community having an opportunity to see
the items --
Commissioner Reyes: Okay.
Chair King: -- before them unless it's time sensitive and/or an emergency.
Commissioner Reyes: Okay.
Chair King: So --
Vice Chair Carollo: (INAUDIBLE). We have one more area of concern, and that is
that we have an ordinance that before anything's adopted by this commission, we
need to see the financial impact --
Commissioner Reyes: Yes.
Vice Chair Carollo: -- that it would have on the city. And we need to find out how
much money this will take from the general fund to bring here, and then how are those
monies in the general fund going to be replaced?
Chair King: Well, I just received it. I haven't had a chance to read it. I can't really
read it now and be the chair.
Commissioner Reyes: The purpose -- the purpose of distributing is to start the wheels
turning, and we can start working into some of the concerns that Commissioner
Gabela have and to show that we are not all talk and no action.
Chair King: Okay.
Commissioner Reyes: (UNINTELLIGIBLE). The purpose is, we have -- I know we
have to go through fiscal impact, blah, blah, blah, all of that. The administration will
have it and then we can meet and we can discuss and everybody can discuss it with
the administration.
Chair King: Okay.
Commissioner Reyes: But it's just to show that, I mean, we not only talk, but we put
our money --
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Chair King: Okay.
Commissioner Reyes: -- where our mouth is.
Chair King: And I see that --
Commissioner Reyes: Okay.
Chair King: -- it has something to do with DI (District 1) so -- and you just received
it as well?
Commissioner Gabela: I just received it as well, and remember, at the end of the day,
1 represent DI. And while 1 appreciate what's going on here, this is no substitute if
what's going on is for to take the vote and so --
Commissioner Reyes: No.
Commissioner Gabela: -- I need to study that, I need to see what's going on, I hear
what you have to say, you know, and so forth so --
Chair King: Okay, so 1'rn going to ask you guys because we are going to walk into a
few items that everyone feels passionately about, so I'm going to ask you to please,
through the Chair, and wait until I recognize you before you start speaking. I'm also
going to have our city clerk put the timer on so each of us have five minutes to speak
and then if we need to speak again, we'll come back with three minutes, et cetera, et
cetera. I want everybody, to be heard.
City of Miami
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City Commission
Meeting Minutes September 12, 2024
NA.2
16658
City Commission
DISCUSSION ITEM
UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA
STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE
CONDUCTED AT THE SEPTEMBER 26, 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 V. 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 V. 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 V. 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 SESSIONS
RELATED TO LITIGATION EXPENDITURES. 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 THE CHAIRWOMAN
CHRISTINE KING, VICE-CHAIRMAN JOE CAROLLO,
COMMISSIONERS MIGUEL ANGEL GABELA, MANOLO REYES,
AND DAMIAN PARDO; THE CITY MANAGER, ARTHUR NORIEGA,
V; THE CITY ATTORNEY, GEORGE K. WYSONG III; CHIEF
DEPUTY CITY ATTORNEY JOHN A. GRECO; DEPUTY CITY
ATTORNEY KEVIN R. JONES, ASSISTANT CITY ATTORNEYS
ERIC EVES, AND MARGUERITE SNYDER, AND CITY OF MIAMI'S
OUTSIDE COUNSEL RAQUEL A. RODRIGUEZ ESQ. AND ANGEL
A. CORTII IAS, ESQ. 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 ABOVE -CITED, ONGOING
LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT
SESSION, THE REGULAR CITY COMMISSION MEETING WILL BE
REOPENED AND THE PERSON PRESIDING OVER THE CITY
COMMISSION MEETING WILL ANNOUNCE THE TERMINATION
OF THE ATTORNEY -CLIENT SESSION.
City of Miami
Page 155 Printed on 10/15/2024
City Commission
Meeting Minutes September 12, 2024
ADJOURNMENT
RESULT: DISCUSSED
George Wysong (City Attorney): The shade meeting notice?
Chair King: The shade meeting notice.
Mr. Wysong: Yes, ma'am. Madam Chairwoman and members of the Commission,
pursuant to the provisions of Section 286.011(8) Florida Statutes, I'm requesting that
at the City Commission meeting of September 26, 2024, an attorney -client session
closed to the public be held for the purposes of discussing the pending litigation in the
matters of 1, the Madroom, LLC (Limited Liability Company), d/b/a (Doing Business
As) Ball and Chain, Altos Mexicano, LLC, d/b/a Taquerias El Mexicano, Little
Havana Arts Building, LLC, and La Gran Fiesta, LLC, versus City of Miami, Case
Number 21-CV-23485-RKA, pending in the United States District Court for the
Southern District of Florida; Number 2, 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 versus
City of Miami Case Number 2022-008069-CA-44, pending in the Supreme Court of
the 11 th Judicial Circuit in and for Miami -Dade County, Florida; and 3, Tower
Hotel, LLC, a Florida limited liability company, Piedras 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 versus City of Miami, Case Number 3D23-285,
pending in the District Court of Appeals of the 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 sessions related to litigation expenditures. 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 the members of the City Commission, which include Chairwoman
Christine King, Vice Chairman Joe Carollo, Commissioners Miguel Angel Gabela,
Damian Pardo and Manolo Reyes, the City Manager Arthur Noriega V, the City
Attorney George K. Wysong III, Chief Deputy City Attorney John A. Greco, Deputy
City Attorney Kevin R. Jones, Assistant City Attorneys Eric Eaves and Marguerite
Snyder, and City of Miami's outside counsel Raquel A. Rodrigues, Esquire, and Angel
A. Cortinas-Esquire. 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. Thank you,
Madam Chair.
Chair King: Thank you.
The meeting adjourned at 5:18 p.m.
City of Miami
Page 156 Printed on 10/15/2024