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HomeMy WebLinkAboutCC 2024-10-15 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Tuesday, October 15, 2024 9:00 AM Special 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 October 15, 2024 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo, Commissioner Gabela, Commissioner Pardo and Commissioner Reyes On the 15th day of October, 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 special session. The Special Commission Meeting was called to order by Chairwoman King at 9:50 a.m., recessed at 12:13 p.m., reconvened at 3:15 p.m., and adjourned at 4:49 p.m. Note for the Record: Vice Chair Carollo entered the Commission chambers at 9:59 a.m. Chair King: And at this time, we are going to open our meeting with prayer. We still -- we have today Pastor Ulrich Hunter from the Historic Mount Zion Missionary Baptist Church, located in historic Overtown, to give us the prayer for our meeting today, and he's one of my favorite people also. Ulrich Hunter: Let us pray. Invocation delivered. Chair King: Thank you. And at this time, we'll say the Pledge of Allegiance. Pledge of Allegiance delivered. Chair King: You all may be seated. City of Miami Page 1 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 16812 Honoree Presenter Protocol Item City of Miami Procurement Department Mayor and Commissioners Certificate of Merit Young Women's Preparatory Academy Mayor and Commissioners Proclamation RESULT: PRESENTED Chair King: (INAUDIBLE) the City of Miami Commission meeting this Tuesday, October 15, 2024. I'm so happy to see all of you. Advocacy in action. At this time, we are going to start the presentation part of our meeting. I'm joined with my colleagues, Commissioner Miguel Gabela and Commissioner Pardo, Commissioner Reyes. We are going to get this party started. Presentations made. [Later...] Chair King: At this time, we are going to recognize our Congresswoman Frederica Wilson. Good morning. Frederica Wilson: Good morning. Good morning. Thank you so much. Good morning, everyone. Presentation made. 1) Mayor Suarez and Commissioners presented a Certificate of Merit to the City of Miami Procurement Department in recognition for achieving national accreditation from the NIGP Quality Public Procurement Department and for winning the National Procurement Institute's Achievement of Excellence in Procurement Award for the eighth consecutive year. Elected Officials paused in their deliberations of governance to acknowledge the City of Miami Procurement Department and to appreciate their services improving the quality of life for the community of the City of Miami. 2) Mayor Suarez and Commissioners presented a Proclamation to the Young Women's Preparatory Academy (YWPA), which holds the distinction of being the first single - gender, grades 6-12 school within Miami -Dade County Public Schools, opening its doors in August 2006 to foster higher education and leadership opportunities for young women. YWPA is committed to the intellectual, creative, social, and emotional development of girls during their formative middle school years and beyond, aiming to provide a strong academic foundation in a nurturing environment where girls are empowered to face the challenges of adolescence. The pursuit of academic excellence lies at the heart of YWPA's mission, and its rigorous curriculum is specifically designed to prepare students for success in leadership roles and higher education, offering Honors, Advanced Placement, and dual enrollment courses. YWPA's efforts have had remarkable success, as evidenced by its 100% graduation City of Miami Page 2 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 ORDER OF THE DAY rate, with students going on to attend prestigious universities such as the Massachusetts Institute of Technology, Stanford University, Brown University, University of Florida, Florida State University, and Miami -Dade Honors College, among others. YWPA continues to receive national recognition for its achievements, being ranked #102 out of 17,655 high schools in the United States by U.S. News & World Report in 2023, further solidifying its reputation as a premier institution dedicated to the empowerment and education of young women. Elected Officials paused in their deliberations of governance to recognize the outstanding contributions to the academic and personal development of young women in our community. Chair King: Mr. City Attorney, would you please read your statement? George Wysong: Thank you, Madam Chair. George Wysong, City Attorney, City of Miami. Pursuant to State of Florida Executive Order 24-214, as amended by Executive Order 24-215, Florida Division of Emergency Management Order 24-011, Miami -Dade County Declaration of a State of Local Emergency and the City of Miami of the State of Local Emergency due to the potential impacts of Hurricane Milton on Tuesday, October 8, 2024, the Miami City Commission meeting that was scheduled for Thursday, October 10, 2024 was canceled, and the City issued a public notice informing the public of said cancellation. In accordance with Miami City Code Section 2-33-0, whenever a scheduled City Commission meeting is canceled or is not held due to a lack of quorum or other emergency, a special City Commission meeting will be automatically scheduled for the Tuesday immediately following the canceled meeting. Therefore, this special meeting of the City Commission was automatically scheduled for today, Tuesday, October 15 at 9:00 a.m. in the City Commission Chambers, located at Miami City Hall, 3500 Pan American Drive, Miami, Florida, 33133. All the scheduled items from the October 10, 2024, canceled meeting were automatically scheduled as an agenda item at this special City Commission meeting. The City Clerk has provided the required notice of this special City Commission meeting as required by the City Code and all other applicable laws. 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 (Municode). 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. A copy of the code section about lobbyists is available in the City Clerk's Office or online at municode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of the City Code section is also available at the Office of the City Clerk or online at rnunicode.com. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing any consideration provided or committed to anyone for agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. In accordance with Section 2-33(f) and (g) of the City Code, the agenda and the material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at www.miamigov.com. The meeting of the Miami City Commission is a limited public forum. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition City of Miami Page 3 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 before the City Commission unless modified by the Chair. Public comment will begin at approximately 10:05 a.m. and remain open until public comment is closed by the chairperson. Any person making offensive remarks or who has become 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. 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.com/meetinginstructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment form have been and will be distributed to the elected officials, 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 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, notes 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 an item considered at this meeting may request it at the Office of Communications or view it online at www.miamigov.com. PZ (Planning and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance. Parties for any PZ items, including any applicant, appellant, appellee, City staff, and any person recognized by the decision -making body as a quaked 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 Section 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Ordinance. The order of presentation shall be as set forth in Miami 21 and in the City Code. Staff will briefly present each item to be heard. The applicant will present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to 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 recommendations they may have. Please silence all cell phones and other noise - making devices. This meeting can be viewed live on Miami TV, the City's Facehook page, the City's Twitter page, the City's YouTube channel, and Comcast Channel 77. The broadcast will also have closed captioning. Thank you, Madam Chair. Chair King: Thank you, Mr. City Attorney. Mr. City Clerk, would you please read your statement? City of Miami Page 4 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 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 the notice provisions set forth in these uniform rules of procedures we have established for this meeting? Chair King: Yes. Mr. Hannon: And Chair, may I administer the oath for the Planning and Zoning items? Chair King: Please. Mr. Hannon: Thank you, Chair. Good morning, ladies and gentlemen. If you will be speaking on any of today's Planning and Zoning items, those are the PZ items, may I please have you stand and raise your right hand? The City Clerk administered 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 will be withdrawn or deferred from this agenda? Arthur Noriega (City Manager): Good morning, Madam Chair, Commissioners, Mr. City Attorney, City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: RE.3, to be withdrawn; PH6, to be deferred to October 24th; SR.3, to be deferred to October 24th; FR.2, to be deferred to October 24th; and FL.1, to be withdrawn. That concludes the items. (COMMENTS MADE OFF THE RECORD) Mr. Noriega: FL.1. Commissioner Gabela: I'm sorry, Art, can you repeat that again? I'm sorry. Mr. Noriega: You want me to repeat all of them? Or the last one? Commissioner Gabela: Yes, please, I'm sorry. Mr. Noriega: Okay. RE.3, to be withdrawn; PH 6, to be deferred to October 24th; SR.3, to be deferred to October 24th; FR.2, to be deferred to October 24th; and FL. 1, to be withdrawn. Chair King: At this time, I'm going to ask my, colleagues, Vice Chair, are there any items that you would like to withdraw or defer from this agenda? Vice Chair Carollo: I'd like to defer for the afternoon, and then we will go from there on, SR.4. I'd like to defer RE.12. The last time that this body met as the Omni CRA (Community Redevelopment Agency), I specifically requested publicly a variety of financial items from the executive director. To this date, I have not received them, City of Miami Page 5 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 nor can they tell me when I'm going to receive them. So, it's clear that even though I'm a member and supposed to be the vice chair of the Omni CRA, I really have no say-so. I'm just supposed to be a rubberstamp with my vote because they do not want to give me the financial items that I requested. Commissioner Pardo: Madam Chair. Chair King: Hold on one second. Okay, I'm going to go in order. Commissioner Gabela, are there any items that you would like to have deferred or withdrawn? Commissioner Gabela: So, I -- speaking of this item, I don't want to see it deferred because I have an amendment to the RE.7. But I will say that I am in the same position as Commissioner Carollo. I asked for a total expenditures and liabilities, and I never got the answer up to now. Is this --? I think I'm correct in saying this. My staff I asked yesterday. As of yesterday, we did not receive anything that we had asked for from the director. Chair King: Commissioner Pardo, only if there's an item that you want to withdraw or defer. I'm going to hold out RE. 12 for a second. Commissioner Gabela: I'm sorry, I'm sorry, Commissioner. Real quick, I was -- I wanted to defer the SR.4. Chair King: You want to defer? Commissioner Gabela: SR.4. And I understand Commissioner Carollo wants to talk about it in the afternoon. Chair King: Okay, so I'm going to hold those two out so that I can -- Commissioner Reyes? Commissioner Reyes: (INAUDIBLE). Chair King: No? Okay. So, for the purpose of discussion, I'm going to take RE.12 and SR.4 out of my request for a motion to move the agenda. Do I have a motion? Vice Chair Carollo: Move. Chair King: Second? Commissioner Gabela: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. The agenda has been set. Commissioner Pardo: Madam Chair, just for clarification, we haven't deferred it. We just pulled it out. Chair King: Right. No, no, no. It's just been pulled. Those two weren't deferred. It's just been pulled out. We'll have discussion when we get to those items and then we'll -- because I want to be able to get to public comment and the like. City of Miami Page 6 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 PUBLIC COMMENTS FOR ALL ITEM(S) 16806 Office of the City Clerk DISCUSSION ITEM PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE OCTOBER 15, 2024 SPECIAL CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: I'm open public comment in general for -- now that everything has passed. So, if there's anyone here that would like to speak on behalf of any item that is on the agenda, please step forward. [Later...] Chair King: Good morning. Eduardo Navarro: Good morning. My name is Eduardo Navarro. Today 1 want to draw your attention to the critical infrastructure needs of Allapattah and the pressing necessity for the expansion of CRA (Community Redevelopment Agency) into our neighborhood. Allapattah is a vibrant community with a rich culture heritage, yet we are witnessing a troubling decline. Our neighborhood is in disrepair, and the decay is affecting the quality of life for residents. The streets, sidewalks, and public spaces that once served as vital connectors are now neglected and crumbling. We cannot allow the decline to continue. The expansion of CRA into Allapattah is not merely a request, it is an urgent necessity. This initiative will provide the resources needed to revitalize our community, address critical structure issues, and create opportunities for economic growth. By investing in Allapattah, we can restore our neighborhood and unlock its full potential. We believe every community deserves the support it needs to thrive and Allapattah is no exception. We urge you to approve this vital initiative today. We cannot afford to miss this opportunity to uplift Allapattah and invest in the future of our community. Members - - members of the commission, we need your support today. Thank you. Chair King: You still have 30 seconds, sir. That's the first buzz if you weren't finished. Mr. Navarro: I'm finished. Chair King: You're finished? Okay. All right. Good morning. How are you today? Mel Meinhardt: Good morning, Madam Chair. My name is Mel Meinhardt. I live at 3075 Virginia Street in Coconut Grove. I'm here to speak on the inspector general motion, SR.2. Kudos to the Commission for being willing to put together this aggressive program, Commissioner, for inspector general. I fully support it. If you're doing forensic work, it sounds like it's terrific. You've got law enforcement officers that are part of this program, fantastic. No objections with it, but I think it's what's missing that we should also be paying attention to. And the big question is, how are we doing as the City of Miami, with the absence of an internal audit function as a management 'Unction, not a forensic function, not as a law enforcement function, but I think we've taken our eye off the ball of just the nitty-gritty efficiency of our city. If the City is doing well, if it's spending its money well, let's give it credit. But it turns out, when you look at the websites of the City of Miami, we stopped reporting externally the service metrics of the City back in the 2010s. We just stopped City of Miami Page 7 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 reporting. The Internal Audit Committee staff stopped that about eight years ago. 1 would say the call to action here is to use this opportunity for the inspector general, which has the authority written in your language, if you properly fund it, you can reinstate the auditing functions of internal performance that are typical of Omaha, Minneapolis, Atlanta, and any other legitimate city in the country. That's the call to action. Here is your chance. Thank you. Chair King: Thank you. Commissioner Reyes: Thank you. Chair King: Good morning. Emily Aldana: Good morning. My name is Emily Aldana and today we stand united before you to emphasize the urgent need for the expansion of the CRA into Allapattah, RE.15. This is our second appearance before this Commission, and we come with a renewed sense of determination filled by the deep-seated needs of our community. Allapattah is a neighborhood rich in culture and potential, yet it faces significant challenges and it hinders its growth and development. The expansion of the CRA into this area is not just a request, it's a necessity. The expansion of the CRA is not a request, it's a necessity. It is an opportunity to address pressing issues such as affordable housing, economic development, homelessness, and improved infrastructures that have long been neglected. We believe that the community deserves the resources and support necessary to thrive and Allapattah is no exception. We urge you to approve this vital initiative today. However, let it be clear, if our request is not granted, we will not he discouraged. We will return again and again advocating for the future of our neighborhood until our voices are heard and action is taken. The time to act is now. Let us not miss the chance to uplift Allapattah and invest in its potential. We hope for your support today, and if needed, we will be back because our community deserves nothing less. Today, we emphasize the urgent need of the CRA to expand into Allapattah. We have previously addressed this Commission and our message remains clear. Our neighborhood is grappling with homelessness, crisis that requires immediate attention. Thank you so much. Chair King: Thank you. Good morning. Rebecca Jauregui: Good morning. Thank you so much. My name is Rebecca Jauregui, and I also stand for RE.15 before you today to advocate for the expansion of the CRA into Allapattah. This issue can no longer be overlooked as our community is in desperate need of affordable housing. While we appreciate the commitment to address affordable housing in the city as a whole, it's important to remember that we cannot handle this issue on our own. Every district, including Allapattah, deserves equal attention and support. To solve this urgent issue, we need to take a whole community approach that understands our neighborhoods' connections and also exactly what they need. Today, many of us in attendance are directly affected by this issue and know someone very close to us who also is passing through this. Every day, families in Allapattah struggle to find a safe -- emphasis on safe -- affordable place to live. And we cannot stand by our community as it deteriorates. As we drive through our neighborhoods, we see beautiful new buildings that are rising but for many of us it's impossible to even dream of living in these places according to their high costs. As I mentioned earlier, I have zero doubt that you care deeply about Allapattah and what solutions need to be made, but I respectfully remind you today to have -- to take this opportunity to make the difference in the expansion of the CRA. And I thank you so much for your time. Chair King: Thank you. Good morning. City of Miami Page 8 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Crystal Ivory: Good morning. Good morning. My name is Crystal Ivory and I'm a City of Miami resident and iPrep parent. I probably don't need to tell you that again because I've been here several times making the same request. Like before, I am here again today asking all the commissioners to put the needs of the residents first and ratify the second amendment of the Omni CRA. Although at least one of you thinks that an Omni CRA extension is not needed, that is not the case. There are many parents, residents, educators, business owners, community leaders, and even church members who live and work in these areas and have come up to this podium over the last few months and made this point very clear. Based on what I've seen, the main point of opposition to the extension has come from this commissioner. Both the Omni area and Allapattah have real needs that should not be delayed or derailed. 1 ask that the commissioners work together to get the Omni CRA extended with a commitment to provide Allapattah with funding so that both communities can thrive. Thank you. Chair King: Thank you. Good morning. Paul Malavenda: Good morning, Commissioners, Chairperson. My name is Dr. Paul Malavenda. I've been here before, and I speak in favor of the expansion of CRA into Allapattah. I'm somebody who has experience with homelessness firsthand, not only helping to feed them, to take care of them, but having been a homeless more than 30 years ago, it's something that I struggle with because I know how much everybody struggles in a community that's poor, in a community that's held poor. Allapattah is confronting an unprecedented challenge with rising numbers of individuals in need of support. Yet while we see homeless individuals being sent into Allapattah, that must mean that it's a great neighborhood because I don't see homeless in Key Biscayne, Coconut Grove, Coral Gables. So, why are they putting them there? Why do they keep moving them from communities that they're beginning to knock down to build other communities when we have the necessary resources to help them, but they're not being given. So, there's something that needs to be done. It's not just a proposal. It's a vital lifeline. Its time to act. Because the message we're giving our kids that are being educated in amazing schools in Allapattah, they're abandoned. 1 mean, it's short from using a bad word that it's kind of like, it's sad to see tennis courts that are degraded, sad to see basketball courts, classrooms, when, you know, they deserve better than that. So, I ask all of you, I implore for this expansion today. It's a time to change now, time for all of you to be something that's great and say, hey, you know what? We did it. We helped Allapattah. We helped our future generation with a better education, better school, better message that you are worth something. Instead of saying, you know what, this is what you're worth. We're going to give you all the homeless, take care of them, but we're not going to help. Thank you very much. Chair King: Thank you. Good morning. Cristina Alicot: Good morning, Commissioners. My name is Christina Alicot, and I am the president of iPrep Academy's PTSA (Parent Teacher Student Association). I'm here representing the parents and community of iPrep Academy, a Miami -Dade County public school, and I want to emphasize that because I know there was a little bit of confusion at some of our former meetings about whether it was a public school or not. We are a public school. Our pink army made plans to be here on Thursday, but Hurricane Milton, of course, had other plans for us. We want to make sure that our voices are heard on item RE.12. First of all, I want to thank Commissioner Gabela for his leadership and supporting our community back in March. I ask that you all vote yes on item RE.12 to approve the extension of the life of the Omni CRA. I urge the commissioners to work together. The Omni CRA extension and its projects would greatly benefit our students, teachers, and the surrounding community. Thank you very much. City of Miami Page 9 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Chair King: Thank you. Good morning. Bent Milagros: My name is Bent Milagros, and I'm here to support the expansion of CRA into Allapattah, RE.15. Our community, is at a crucial point, and we urgently need strong economy development to flourish. While we appreciate your efforts to increase economic growth citywide, it's essential to focus on Allapattah as well. We need a comprehensive approach that recognizes the unique needs of our neighborhoods and the opportunities they can offer. To foster this growth, we must convince current businesses that their leaders care about their success and attract future businesses to invest in Allapattah with confidence, a community eager for job creation and business development that can recreate a neighborhood. As we move through our neighborhoods, we see tremendous potential all around us, but many opportunities are yet to be realized. I know you care about Allapattah, and want to make a positive impact. Today, you have a key opportunity to join in for this change by voting to expand the CRA into our community. Thank you. Chair King: Thank you. Good morning. Mileyka Burgos -Flores: Good morning, Mileyka Burgos -Flores, Allapattah Collaborative CDC (Community Development Corporation). I want to thank commissioner -- I'm speaking on PH.4. I want to thank Commissioner Gabela on behalf of my board, the entire community, and the ten small businesses that will immediately be saved in Allapattah. We are grateful to you for making it a priority not to only save the little Santo Domingo commercial corridor, but also for realizing the immediate impact that we can make together when we partner with the community and local nonprofits to preserve historic neighborhoods. You have set an example, and we hope that others will follow in the City. Thank you so much, Commissioner Gabela. Chair King: Thank you. Good morning. Celina Che: Good morning and thank you for the opportunity. My name is Celina Che and I'm here today to highlight the urgent need for the CRA's expansion into Allapattah. This dynamic neighborhood full of potential is facing significant challenges that impede its growth. Please understand that requests to extend the CRA into Allapattah is essential Jroaddressing the many pressing issues that are taking away the peace of many of us, like the case of affordable housing, economic development, homelessness, and neglected infrastructures. Every community deserves the support it needs to succeed, and Allapattah is no different. We ask you to approve this important initiative. If our request is not granted, we will keep fighting for our neighborhood until we are heard. Today we have an opportunity in our hands to do something that sees this opportunity to uplift Allapattah and invest in its future. We appreciate your support today and will remain committed to fighting for our community. Thank you. Chair King: Thank you. Good morning. Mark Burton: Good morning to the Commission. My name is Mark Burton. I'm here to speak on PZ.1 and I guess conditionally PZ.2. I represent Steven Smith and the other people involved in that matter. Just to reiterate from the previous meeting and if we get into this this afternoon, I will expand. We believe there is no jurisdiction to do this. Jurisdiction expired 30 days after the denial of the appeal from the PZAB (Planning, Zoning and Appeals Board) back in May. There is no mechanism in Miami 21 to reconsider a quasi-judicial determination after the end of that 30-day expiration. There is case law, which we've cited to this Commission to that effect. Mason's legislative manual is not applicable to quasi-judicial proceedings. City of Miami Page 10 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Additionally, appeals are de novo, so whatever may have happened afterwards is legally, irrelevant, even if it was timely for a reconsideration, which it is not. Lastly, what 1 will say, Mr. Smith, as the appellee, never received proper notice. He's also not here today because he's on a trip to New York for work and would be here if not for the fact that this had been a special rescheduled meeting. So, even if reconsideration is granted, we would posit improperly, we would request a deferral on the actual merits because he and also Mr. Kern are unable to be here on this notice. So, thank you very much. Chair King: Thank you. Good morning. Raul Perez: Good morning, Madam Chair and Commissioners. My name is Raul Perez. I'm the Chief Facilities Officer for the School District JroMiami-Dade County Public Schools. And on behalf of the superintendent and myself, I'm here speaking in support of the extension of life for the Omni CRA. As was acknowledged here earlier this morning, Young Women's Prep was an initiative between the City of Miami and Miami -Dade County Public Schools. As other initiatives that we've done, our history goes back for many, many years. And again, I just want to reiterate the support and speaking in favor that all of you support the extension of life for the Omni CRA. And myself and Ms. Lisa Martinez will be here to answer any questions when these items hit the floor. Thank you so much. Chair King: Thank you. Good morning. Nicole Desiderio: Good morning, Nicole Desiderio, 900 Biscayne Bay. I'm speaking on item PZ.1. Over the course of a year, many, many people have come down here to speak on this subject. Some people claim that it's only a handful of people, but that is false. People simply cannot keep taking off work to come down here. I've heard from this dais that it's a park, it should have a gym. I believe that's the wrong attitude to have. It's an interesting opinion to me because the professional park planners who actually have the expertise to know what they're doing did not put a gym in Ferre Park in their plans. There are plenty of world-renowned parks that do not have outdoor gym equipment in them. Not all parks are the same and not all parks should have gym equipment. This is a passive park, not an active use park, as stated by members of the PZAB board, and Sevanne Steiner, who is the assistant director at the Planning Department, and of course, the professional park planners. An outdoor gym is an active use and does not belong in Ferre Park. We have asked so many times that the master plan by professional park planners be utilized for Ferre Park. We have been ignored over and over again. Joe Carollo says that the trust meetings are public and we should come down there to speak if we care so much. Well, I've been down to the trust meetings and his board members literally laugh at you when you're making a public comment. It's completely pointless going there. City's outside counsel will continue to say that they have a closed permit, but it is the wrong permit, as referenced by the senior building inspector in emails that I've presented to you. Commissioner Reyes, you have stated that you don't want to set a precedence that allows a commissioner to do what they want and then go and fix up the permits later. Commissioner Gabela, you were adamant that the trust is putting the cart before the horse and this should not be happening. If you created a referendum question that said, should the City of Miami execute a master plan for Ferre Park that was created by professional park planners and that has already been paid for with your tax dollars, the people would all vote yes for that too. Chair King: Thank you. Good morning. Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street. I just want to say thank you guys for all the work that we saw during the hurricane time, all the cleaning of the drainage, that it was done. We see it as a business. We City of Miami Page 11 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 did not receive that much damage for the water, even though we didn't receive that much water for the hurricane this time. But we see the cleaning up that you guys were proactive, and I just want to commend you guys because you guys really did a great job. And just keeping that is why don 't we clean it all the time? Try to keep it up, because if we maintain our drainage clean, then we'll be able to save a lot of problems. And the sandbags might not help much, but the cleaning of the drainage is so important. I think that even in my District 3, I saw some places that we've been complaining jbr a while that it's ahnost two feet of water. So, I saw the cleanup. I think all of you guys did a great job. We hope that you guys keep up the good work as saving us, the city of Miami residents, problems. That's what the one of the main things that we expect from you guys, to be proactive for any issues coming up. And just to keep on the same theme is, what are we doing with the homeless? And I'm going to keep pushing homeless because businesses are complaining about the homeless to set up camps in front of the stores. We pay leases, we pay taxes, we pay licensing, all kind of fees that we -- revenue. The government, city, state, federal, everybody charge us for something. And it's a new license every other day or any new permit that we need to pull. So, how are we going to be able to do it humanely without abusing them? But please, thank you. Chair King: Thank you. Is there anyone else that would like to speak on behalf of any item on this agenda today? Seeing none, the public comment period is now closed. MV - MAYORAL VETO(ES) There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. END OF MAYORAL VETO(ES) City of Miami Page 12 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 PA - PERSONAL APPEARANCE PA.1 PERSONAL APPEARANCE 16620 A PERSONAL APPEARANCE FOR A CHECK PRESENTATION BY CONGRESSWOMAN MARIA ELVIRA SALAZAR FOR FLAGLER AFFORDABLE HOUSING PROJECT. MOTION TO: Defer RESULT: DEFERRED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item PA.1 was deferred to the October 24, 2024, City Commission Meeting. Arthur Noriega (City Manager): Madam Chair, I have one more item that needs to be deferred, which is the public appearance that's at the front of the agenda. Chair King: Okay. Well, you don't -- we don't have to defer that, do we? Mr. Noriega: Well, it's on the agenda so -- Chair King: Just to announce it, Todd? Mr. Noriega: Yeah, just announce the deferral to October 24th. Chair King: Do we have to --? Okay. We have to vote on that? Can I have a vote? Commissioner Gabela: Motion. Chair King: Second. All in favor? The Commission (Collectively): Aye. Chair King: Okay. Personal appearance has been deferred to October 24th. And I'd also like to announce that we are having a blood drive today at City Hall between the hours of 10 and 4. Please donate blood. Could save lives. The bloodmobile is just out front. END OF PERSONAL APPEARANCE City of Miami Page 13 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 CA.1 16583 Department of Police CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Damian Pardo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO APPROVE THE AUDIT AND RECLASSIFICATION OF A VACANT PAYROLL CLERK POSITION TO A PAYROLL ASSISTANT WITH A FISCAL IMPACT ESTIMATED IN THE RANGE OF $8,000.00 TO $39,000.00 FOR FISCAL YEAR 2024-2025, OF THE CITY OF MIAMI'S ("CITY") POLICE DEPARTMENT ("DEPARTMENT"); AUTHORIZING THE CITY MANAGER TO MAKE ANY NECESSARY CHANGES TO ADJUST, AMEND, AND APPROPRIATE THE FISCAL YEAR 2024- 2025 OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI -YEAR CAPITAL PLAN REGARDING CITY SERVICES AND RESOURCES AS NECESSARY, LEGALLY ALLOWED, AND APPLICABLE IN ORDER TO AUDIT AND CREATE SAID POSITIONS FOR THE DEPARTMENT; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0393 This matter was ADOPTED on the Consent Agenda. CA.2 RESOLUTION 16584 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING SEVEN (7) RIGHT-OF-WAY DEEDS AND ONE (1) QUIT CLAIM RIGHT-OF-WAY DEED OF DEDICATION ("DEEDS"), AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR RIGHT-OF-WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN A COPY OF THE DEED. ENACTMENT NUMBER: R-24-0394 This matter was ADOPTED on the Consent Agenda. City of Miami Page 14 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 CA.3 RESOLUTION 16682 Department of Resilience and Public Works CA.4 16552 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A PERPETUAL SIDEWALK EASEMENT, IN SUBSTANTIALLY THE FORM ATTACHED AND INCORPORATED AS EXHIBIT "B," FROM 222 NORTH MIAMI LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF PUBLIC PEDESTRIAN ACCESS TO PORTIONS OF SIDEWALK CONSTRUCTED ON NORTHEAST 2ND STREET, MIAMI, FLORIDA. ENACTMENT NUMBER: R-24-0395 This matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY GIRLYNE PIERRE-THEOC, AND RODNET THEOC, AS N/B/F TO J.T. (A MINOR), WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $100,000.00 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 HELVIN ALEJANDRO DELGADO VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 2024-7511-CA 01, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE 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-24-0396 This matter was ADOPTED on the Consent Agenda. END OF CONSENT AGENDA Chair King: Missing two of my colleagues. Mr. City Clerk, do you want to see -- before I start? No, no, no, not at all. Just checking to see. One more colleague before I start. Okay. At this time, I'm going to ask my colleagues if they would like to pull any of the consent agenda items for discussion, CA.1, 2, 3, or 4. (COMMENTS MADE OFF THE RECORD) Chair King: Well, first I'm seeing if you want to -- if you want to pull anything for discussion. So, do I have a motion for CA.1, 2, 3, and 4? Commissioner Pardo: So moved. Chair King: I have a motion; I have a second. All in favor? City of Miami Page 15 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 16 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 PH - PUBLIC HEARINGS PH.1 RESOLUTION 16585 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING PROGRAM INCOME FROM COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS GENERATED FROM MAY 1, 2024, TO JULY 31, 2024, IN THE AMOUNT OF $26,261.61 FOR ELIGIBLE ACTIVITIES, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, INCLUDING AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, AS MAY BE NECESSARY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0397 MOTION TO: Adopt RESULT: ADOPTED MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: With the public hearings, gentlemen, is there any public hearing item that you would like to pull for discussion? PH1, 2, 3, 4, 5 are in play. Any? No? No? Commissioner Reyes? Commissioner Reyes: (INAUDIBLE). Chair King: No? Okay. Good? May I have a motion for PH.1, 2, 3, 4, which is a four -fifths vote, 5, an additional four -fifths vote? Commissioner Pardo: So moved. Commissioner Gabela: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Items carry unanimously. Commissioner Gabela: That was 6 included, right? Chair King: No, 6 was deferred -- Commissioner Gabela: Okay. Chair King: -- until 10/24. Commissioner Reyes: PH 6 was deferred. City of Miami Page 17 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 PH.2 RESOLUTION 16676 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MODIFYING THE REQUIREMENTS AND GUIDELINES OF THE INFILL FIRST-TIME HOMEBUYER EXPANDED PROGRAM, AS DESCRIBED IN RESOLUTION NO. R- 24-0260 ("EXPANDED PROGRAM"), BY REQUIRING APPLICANTS TO SECURE A FIRST MORTGAGE IN AN AMOUNT THAT WOULD RESULT IN A TOTAL PAYMENT, INCLUSIVE OF PRINCIPAL, INTEREST, TAXES, AND INSURANCE, UP TO THIRTY PERCENT (30%) OF THE APPLICANT'S TOTAL GROSS FAMILY INCOME AS IDENTIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; EXCEPT FOR THE EXCEPTIONS STATED HEREIN; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0398 MOTION TO: Adopt RESULT: ADOPTED MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PH.2, please see Item PH.1. PH.3 RESOLUTION 16705 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT TITLED "ALTO TOWER SUBDIVISION," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN ATTACHMENT "1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN EXHIBIT "A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-24-0399 MOTION TO: Adopt RESULT: ADOPTED MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PH.3, please see Item PH.1. City of Miami Page 18 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 PH.4 RESOLUTION 16654 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 DEFERRED LOAN IN AN AMOUNT NOT TO EXCEED ONE MILLION AND 00/100 DOLLARS ($1,000,000.00) FROM THE DISTRICT 1 SHARE OF THE CITY OF MIAMI'S MIAMI FOR EVERYONE ("MFE") PROGRAM ("GRANT"), TO THE ALLAPATTAH COLLABORATIVE COMMUNITY DEVELOPMENT CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION ("DEVELOPER"), FOR THE DEVELOPER TO ACQUIRE ONE (1) PARCEL AS DESCRIBED IN EXHIBIT "C," ATTACHED AND INCORPORATED ("PROPERTY"), ON WHICH THE DEVELOPER WILL REHABILITATE THE EXISTING COMMERCIAL STRUCTURE CURRENTLY HOUSING TEN (10) SMALL BUSINESSES CENTRAL TO THE LITTLE SANTO DOMINGO HISTORIC NEIGHBORHOOD, AND TO FURTHER DEVELOP THE PROPERTY FOR A MIXED USE PURPOSE TO BE KNOWN AS 1700 NORTHWEST 36 STREET MIXED USE PROJECT ("PROJECT") THAT WILL CONTAIN NO FEWER THAN FOURTEEN (14) CITY - ASSISTED RESIDENTIAL RENTAL UNITS ON THE SECOND FLOOR OF THE EXISTING STRUCTURE FOR ELIGIBLE RESIDENTS AND REQUIRE A MIXED COMPOSITION OF ANNUAL MEDIAN INCOME ("AMI") BETWEEN FIFTY PERCENT (50%) AMI AND ONE HUNDRED TWENTY PERCENT (120%) AMI, AS PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AS DESCRIBED IN EXHIBIT "A," 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 FUNDS AND SUBJECT TO THE DEVELOPER FULFILLING ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE HCLC City of Miami Page 19 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 APPROVAL, IN ORDER TO ALLOCATE THE CITY'S MFE FUNDING TO THE PROJECT IN THE FORM OF A DEFERRED LOAN; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0400 MOTION TO: Adopt RESULT: ADOPTED MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PH.4, please see "Public Comments for All Item(s)" and Item PH.1. PH.5 RESOLUTION 16699 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 ("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 4 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED THREE HUNDRED SEVENTY-THREE THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND ZERO CENTS ($373,750.00) TO SUNSHINE FOR ALL, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("SUNSHINE FOR ALL"), IN SUPPORT OF THE SENIOR MEALS PROGRAM; 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-24-0401 MOTION TO: Adopt RESULT: ADOPTED MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PH.5, please see Item PH.1. City of Miami Page 20 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 PH.6 RESOLUTION 16638 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A GRANT ALLOCATION FROM THE UNITED STATES CONGRESS AND ADMINISTERED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD"), ECONOMIC DEVELOPMENT INITIATIVE COMMUNITY PROJECT FUNDING ("EDI-CPF") FOR THE 2024 FISCAL YEAR ("FY 2024 ACT"), IN THE AMOUNT OF THREE MILLION, FIVE HUNDRED THOUSAND DOLLARS ($3,500,000.00), TO FUND THE FLAGLER AFFORDABLE SENIOR HOUSING PROJECT ("PROJECT"), MANAGED BY THE CITY OF MIAMI DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS INCLUDING AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item PH.6 was deferred to the October 24, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item PH.6, please see "Order of the Day." END OF PUBLIC HEARINGS City of Miami Page 21 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 RE - RESOLUTIONS RE.1 RESOLUTION 16608 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2210 NORTHWEST 14 STREET, MIAMI, FLORIDA, CASE NUMBER CE2021010653, 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-24-0405 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Okay. Let's go back. We have for discussion the RE.12, Omni CRA (Community, Redevelopment Agency) Second Amendment ILA (Interlocal Agreement), RE.15, direct City Manager, work with Ornni CRA ED (Executive Director) to expand boundaries of Omni CRA to include Allapattah, and RE.16, deny extension of life, Omni CRA. I'm going to allow Commissioner Pardo. Todd B. Hannon (City Clerk): Chair, my apologies, and there's also RE.7 that's still in play. Commissioner Gabela: They're all tied together. Chair King: Oh, and RE.7, direct -- let me take the mitigations. We didn't do the mitigations. So, RE.1, mitigation, 2210 Northeast 14th Street. Robert Santos-Alborna: Good morning, Madam Chairwoman, Commissioners; Robert Santos-Alborna, Code Compliance Director. Chair King: Good morning. Daniel Tamayo: Good morning, Daniel Tamayo for the property owner. Chair King: Good morning. Mr. Santos-Alborna: RE.1 is a resolution for mitigating or not mitigating property located at 2210 Northwest 14th Street. The respondent is Conigsa Corp. (Corporation). The violations, notice of violation was issued for operating without a certificate of use, no business tax receipt, and working outside allowable scope, adjudicated on September 8, 2021. The violation was complied on July 3rd, 2024. It City of Miami Page 22 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 ran for 1,028 days, accruing a total of 514,000. The respondent is offering 17,825, which is approximately 3.47 percent. And that's what 1 have. Mr. Tamayo: Good morning. I want to be clear. We're offering that 17,825 because my clients became aware of the liens on August 23rd, 2023. By then, there were $356,500 in fines. We then, our office, we came and started working with them trying to get this complied with. It took us from August 23 to July -- 2023 to July 3rd, 2024 to get compliance. It was two or three months of going back and forth to the City to try to find out what was going on. We were told that we needed to do a public record request to just obtain the documents that 1 believe we could have gotten in an email. That took two months. So, that whole wait added a total of $157,000, and we want that told. We would like to offer 5 percent of the amount that was when we found out and when we started actively working on getting this resolved. And the reason we are asking for 5 percent is because this is a CU (Certificate of Use) and LBTR (License Business Tax Receipt) for a tenant that they received notice, they never told our client about it. They did not obtain their proper licensing, but once our client found out about it, again, they started working diligently to get it resolved. This took a long time from August 23rd to July 3rd, 2024. Mr. Santos-Alborna: Madam Chairwoman, I'm going to yield to Legal Division Chief Dooley, who's going to talk about notice. And part of our due diligence preparing for you is ensuring that all notices and summons are sent and posted. I want to let Rachel elaborate. Rachel Dooley: If you need (UNINTELLIGIBLE), good morning, Rachel Dooley, Assistant City Attorney. Yes, we did review, as we do with all of them that come in, to make sure notices were sent to the addresses as they were listed. This is a corporation so it would have to go to the registered agent as well. It was at the time that was done. The property itself was also posted. Whether or not their client actually received it, looked at it, cared about it, I can't speak to that, but we did follow both Florida Statute and the City Code as is required. I think what they're asking for is when they realize something was wrong at the end. I don't think we've ever done that. Obviously, that's up to you. But the total lien properly ran to $514, 000. Chair King: I am going to yield to the District 1 commissioner as it's in his district. Commissioner Gabela. Commissioner Gabela: Yeah, so Robert, what were they in violation for again? I'm cony. Mr. Santos-Alborna: So, part of the discussion is the amount of 17 is 3.5 percent. Commissioner Gabela: No, no, I know that, but for what? Mr. Santos-Alborna: Oh, for operating without a certificate of use and the BTR and - Commissioner Gabela: Doing what? What were they doing? Mr. Santos-Alborna: Okay, this is an industrial property. They have multiple bays. Those are rentals, right? So, they didn't have a CU-BTR. Commissioner Gabela: These are the warehouses when you're going up -- Mr. Santos-Alborna: Yes, sir. City of Miami Page 23 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Commissioner Gabela: -- before the 22nd Avenue Bridge, they're on the left-hand side, on the south side of the bridge, on the west side of 22nd Avenue. Mr. Santos-Alborna: Correct. Commissioner Gabela: Just trying to get my bearings straight, okay. And so, they were operating without a license, and what were they doing? What were they selling, what were they doing? Mr. Santos-Alborna: So, they rent the bays, right? They rent them out to different businesses. Commissioner Gabela: By the way, is this the landlord or the business owner? Mr. Santos-Alborna: It's the landlord. Yes, sir. Commissioner Gabela: It's the landlord. Mr. Santos-Alborna: Yes. Commissioner Gabela: Okay. Mr. Santos-Alborna: And so -- Commissioner Gabela: What I mean is, the violations, were they done by the business owner that rented from the landlord, or the landlord is the one that -- Mr. Santos-Alborna: So, what I have is that the property itself was operating without a certificate of use and a business tax receipt, which is required. Commissioner Gabela: By the corporation renting to the landlord. Mr. Santos-Alborna: (UNINTELLIGIBLE). That's what I have. Ms. Dooley: Right, so it's the businesses who are located on the property -- Commissioner Gabela: Right. Ms. Dooley: -- are required to have certificates of use and BTRs to operate, which should obviously be part of a lease. And that's supposed to, you know -- the City Code and state statute cites the property owner is required to make sure that their property is being used in compliance with building, zoning, and all of those things within the law. In this particular case, the tenants were not using it as was required by law because they did not obtain their certificates of use, which is more important because that involves fire safety checks and things like that. BTR is your basic tax that everybody pays in order to do business within the city. The tenants themselves were not doing that in this particular case, and that's why they were cited. Commissioner Gabela: Okay, so you're representing the landlord, and what you're arguing is that you didn't know until August 23rd that these businesses were conducting themselves without a -- Mr. Tamayo: Correct, yeah. Commissioner Gabela: That's what you're arguing. City of Miami Page 24 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Mr. Tamayo: Correct, yeah, I represent the landlord. The landlord does not live here in the U.S. His lease does say that he needs to obtain certificate of use, a BTR, all the licensing. He, again, did not become aware of these violations for whatever reason. Commissioner Gabela: How long has this landlord owned this property? Mr. Tamayo: I don't have that on top of my head, sorry. But I do know, so we became aware of this on, again, October 23rd, (INAUDIBLE). Commissioner Gabela: Is it recent or is it -- do you know? Mr. Tamayo: I think he's had it for a while, it's not very recent. Commissioner Gabela: He's had it for a while. Okay, listen, let's make it short. Come up to what -- you're very low on the percentage that you're offering. You know, come up to a figure that we can all work with. Usually, Robert, you also, you always recommend what? Mr. Santos-Alborna: So, Commissioner, based on -- and there's a pattern here -- a 5 percent, which is something that we are -- have developed as we now evolve in going to Code Enforcement Board, and that's something that we'll be seeing. Five percent brings it up to $25, 000, that is very, reasonable. Commissioner Gabela: Sure. Mr. Tamayo: We can accept that. Coniniissioner Gabela: Okay. Done deal. Chair King: I need a motion. Commissioner Reyes: Move it. Chair King: Second? Commissioner Gabela: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: As amended. Mr. Tamayo: Thank you. City of Miami Page 25 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 RE.2 RESOLUTION 16588 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 5 EAST FLAGLER STREET, MIAMI, FLORIDA, CASE NUMBER CE2021024620, 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-24-0406 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: At this time, I'd like to ask my colleagues to take a break. There's a special presentation from Congresswoman Frederica Wilson. She is presenting us with a check for a youth program. So, if we could take a second to have Congresswoman Frederica Wilson come to present. Okay, while we wait, let's take another mitigation, RE.2. Robert Santos-Alborna (Director, Code Compliance): Madam Chairwoman, RE.2 is a resolution for mitigating or not mitigating a property located at 5 East Flagler Street, respondent is Twin Properties, Nathan Rock. The violations are for failure to adhere to illumination standards and graffiti. The NOV (Notice of Violation) was issued on November 28, 2021, adjudicated on May 5th, 2022, complied on July 1st, 2024, the violation ran for 787 days, accruing a total of $393,500. I understand the offer from the respondent is $12, 000, which is approximately 5 percent, and that is adjusting for permits, electrical permits that were obtained and cross-referenced via iBuild. Chair King: Sir? David Haber: David Haber of Haber Law, on behalf of the respondent, Twin Properties of Miami LLC (Limited Liability Company), with me is Sergio Rock, principal of the corporation which owns the property. This is the old Walgreens in downtown Miami. They terminated the lease. My client, approximately one month later, had a graffiti problem and a lighting violation. The graffiti problem was resolved right away. They hired an electrician. They thought they fixed the lighting problem. They ended up finding out that it was a timer, that the screws kept slipping on the timer. And it was, according to our client, resolved in March. The City Attorney has acknowledged that by the time we got the 40-year certification, it was resolved, and therefore they agreed to reduce the amount by $156,500. We've agreed to give 5 percent of the remaining amount. We believe that not all violations are created equally. This does not involve a fire issue. This does not involve using the property improperly. It does not involve any of those things. And it's unfortunate that they didn't find out that it was the timer until much later and that's why we've asked for the Commission to accept the $12,000. City of Miami Page 26 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Chair King: I'm going to -- Rachel Dooley (Assistant City Attorney, Supervisor): 1 just want to clarify, it wasn't an issue of when the recertification was done. That didn't have anything to do with this issue. Rachel Dooley, on behalf of the City Attorneys' Office. It was when their electrical permit was pulled for something else, when that was finalized, that's the date, which brought it down to $237,000 from $393,000, and instead of 787 days, it was 475 days. So, with Robert, we felt that that was, you know, fair and so their offer was based upon that. Chair King: I'm going to yield to the district attorney -- the district commissioner. Commissioner Pardo: I agree. I've been following the mitigation. I'm fine with that. Chair King: I have a motion. Commissioner Gabela: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Mr. Haber: Always a pleasure to see you. Chair King: Thank you so much. Unidentified Speaker: Thank you. Chair King: And at this time -- Todd B. Hannon (City Clerk): As amended. Chair King: As amended. City of Miami Page 27 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 RE.3 RESOLUTION 16586 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 4750 NORTHWEST 7 STREET, MIAMI, FLORIDA, CASE NUMBER CE2021021926, 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. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.3, please see "Order of the Day." RE.4 RESOLUTION 16616 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 137 NORTH MIAMI AVENUE, MIAMI, FLORIDA, CASE NUMBER 00023534, 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-24-0407 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Damian Pardo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Okay, we are going to now finish our mitigations, RE.4. Robert Santos-Alborna: Good morning, Chairwoman, Commissioners; Robert Santos-Alborna, Code Compliance Director. RE.4 is a mitigation of a property located at 137 North Miami Avenue, respondent is Scanda Property 2, LLC (Limited Liability Company). The NOVs, notice of violations, were issued on September 7, 2022 for a number of issues, failure to register vacant structure, failure to maintain, failure to display address, and failure to adhere to illumination standards. The violations were adjudicated on November 9th, 2022, complied on January 10th, City of Miami Page 28 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 2024. The violation ran for 191 days, accruing a total of $95,500, The respondent is offering $14,325, which is 15 percent. Chair King: I'm going -- good morning, how are you? Nicholas Rodriguez: Good morning, Chairwoman and Commissioners. Nicholas Rodriguez on behalf of the property owner. This property is in Commissioner Pardo's district. This is a historic building. The building was in active renovation and is still in active renovation. However, one issue that caused the lag in time in compliance was the illumination standards. Since it is under construction, it does not have FPL (Florida Power & Light) power. The way we resolved it was actually by implementing solar lighting and that's how we're complying with the illumination standards today. But it took a while before we got to that point. So, we feel our offer is fair and we're respectfully requesting that it be accepted today. Chair King: I'm going to yield to the district commissioner, Commissioner Pardo. Commissioner Pardo: I think it's fine. I accept it. Chair King: Have a motion. Commissioner Gabela: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries as amended. Mr. Rodriguez: Thank you very much. Chair King: Thank you. Mr. Santos-Alborna: Thank you, sir. RE.5 RESOLUTION 16681 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 60 NORTHWEST 76 STREET, MIAMI, FLORIDA, CASE NUMBER CE2020002464, 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-24-0408 City of Miami Page 29 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: RE.5. Robert Santos-Alborna (Director, Code Compliance): RE.5 is a mitigation of a property located at 60 Northwest 76th Street, respondent is Hofstatter Realty, LLC (Limited Liability Company). This is a five -story 19-unit condo. The violations are for construction work without a permit, specifically a fence. The notice of violation was issued on January 30th, 2020, adjudicated on November 17th, 2020. It complied on July 19, 2024. The violation ran for 1,277 days, accruing a total of 319,250. I understand the respondent is offering $10,000. And from the notes, it reflects that the respondent worked on waivers. I had an exchange with one of the staff members from one of the commissioners. The violation was for erecting a fence, but we didn't see the waiver application. So, I don't know. Clearly, we need to take into consideration the type of violation. They wanted to improve the property, but it requires a permit. So, with that, I'm going to yield to the respondent. Joshua Salmon: Good morning, Commissioners. Joshua Salmon here on behalf of Hofstatter Reality -- I'm sorry, Hofstatter Realty. I also have Felipe Hofstatter here with me. What he has said is accurate. My client had purchased some properties in an affordable housing. There was an existing chain link fence that was dilapidated, deteriorated, but was there to protect the property. Upon taking over the management, the people who lived in the property wanted the fence to be repaired. It was, again, an eyesore and not performing its function as well anymore. So, he retained a contractor, had a fence that was more pleasing to the eye and provided better security, put up in the exact same spot the chain link fence had been there, was under the impression that it did not require a permit or that the contractor had taken care of that. We later learned that was not accurate. Upon learning that, he sought to get a waiver so that they could have the fence, because again, it provided protection and there had been ((fence there. Went through five different contractors, consultants, professionals, attempting to get a waiver for this fence because the people who live there wanted the fence. Ultimately, it was determined they were not going to he able to get a waiver. There were, I believe, two different waivers submitted. I attached those to the initial complaint. Upon learning that there was no way that they were going to get the waiver, the fence was taken down. A decent portion of the time that elapsed occurred during COVID-19. There was issues with funding, difficulty contacting contractors, getting the work done. However, we raised no issues with notice. We understand that the City had done its job, and the fence has now been taken down. All has been done. This is a first-time offender. There was no, you know, danger to life, liberty, property, and as such, we offer $10,000 in full mitigation of the fine. Chair King: Attorney Dooley, do you have something? Rachel Dooley (Assistant City Attorney, Supervisor): No, no, no. Yes, I saw they did attempt waivers. They were trying to do something prior to the hearing. The hearing happened. They didn't request an extension of time, and then we know what happens when you don't request your extension of time. That lien gets recorded, and that sort of ended them in the spot. But I agree with everything else that both the director and counsel has said with regards to it. And it is with respect to a fence that just -- City of Miami Page 30 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Chair King: So, here was a concern of mine that you hired a contractor. Contractors are supposed to know that they have to get a permit, or they don't have to get a permit. That's an issue for me. When you hire -- if you had said you went on your own and you were trying to do the fence, that's one thing. But hire -- contractors are professional, and they're supposed to know this. So, they either didn't know, or they were trying to skirt the law. I would say the latter if I was a betting woman, but I'm not. So, that's a problem because these mitigations come to us and our staff has to do the work, and I am not trying to set a precedent so that people can just come to us for mitigation and say, well, my contractor or -- somebody has to accept responsibility for what has done -- what transpired to bring you here before us. 1 cannot accept, what is it, 2 percent? Mr. Santos-Alborna: 3.13 percent. Chair King: 3.13 percent. I cannot accept 3.13 percent. I will accept 10 percent, and I usually take 15 percent or more, butl will accept 10 percent. Do I have a motion? (COMMENTS MADE OFF THE RECORD) Commissioner Gabela: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: As amended. Thank you. RE.6 RESOLUTION 16686 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2505 NORTH MIAMI AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2019019533, 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-24-0409 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 Robert Santos-Alborna (Director, Code Compliance): Madam Chairwoman, RE.8 is a mitigation -- Chair King: What about RE. 6? City of Miami Page 31 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Mr. Santos-Alborna: Oh, we're going to 6. Apologies. 1 have it in different -- yeah, yeah. RE.6, a mitigation of a property located at 2505 North Miami Avenue, respondent is Patbe Investments, LLC (Limited Liability Company). The violations are for improper storage of vehicle, parking of vehicles, unimproved surfaces, and failure to register the lot. NOV (Notice of Violation) was issued of the adjudication date on 10/14/2020. A violation was complied after 616 days, accruing a total of $154,000. In my notes, it says that the owner is elderly and they put on the record that there was an earlier compliance date, but I have no way of corroborating that. So, with that, I yield to counsel. Chair King: Good morning. Maria Gralia: Good morning, Maria Gralia, 150 West Flagler. I represent the owner, Patbe Investments, and I submitted an affidavit. I don't know if any of you received the affidavit I submitted from the owner. So, the owner is an elderly -- the principal owner is an elderly gentleman. His son is here with me today who lives in New York. When the owner was found out that the tenants were utilizing -- he has the building next door and the vacant lot. The tenants -- he had an agreement with the tenants, no cash exchanged hand, so it wasn't for a payment to park there, but he had told the tenants if they could get a certificate of use to utilize the vacant lot for parking, that they can utilize it. The tenant never did that, and as soon as he received the notice of violation, he told the tenant to vacate. The tenant did vacate, that's lock and load, they vacated immediately upon him telling them to leave. This happened in 2020, so that was the date of compliance. Afterwards, there was the property adjacent to this property was a construction site. And I submitted in the affidavit some aerials that you can see in 2020, no cars, and you see some cars in the adjacent vacant lot that is now a construction site. These folks in that construction site started moving their vehicles. Once they started constructing, moved their vehicles to this vacant lot and started parking there. My client was not aware. He lives in Weston. He was not there seeing what was happening on a daily basis. He did not receive notice that those cars were parked there. As soon as he found out, when he was trying to register the lot -- by the way, there's two issues here. One was registering a vacant lot. He was trying to register it all through COVID, was having a really difficult time, finally registered. That was taken care of That's when he called in the inspector and that's when the violation got cured after the registration took place in terms of getting the certificate of compliance. But before that, when he found out that these construction workers were utilizing that vacant lot, he also told them to vacate and then change the locks, sealed the property so that no one else can utilize this. This client has -- my client has been on this property for over 20 years in Wynwood. He has seen the changes that have occurred in Wynwood. He has been a good property owner. He has always maintained his property in good condition all throughout the years that Wynwood has been going up and down and now up again. So, we're asking --1 know that we have requested a de minimis mitigation for this. I leave it up to you, but based on everything that my client did try to do, knowing that in his -- he was in his 80s trying to resolve this on his own, nothing -- no money was paid by anyone. So, it's not like he was utilizing this vacant lot to park cars there and get money. And he was just, I think, an elderly man being taken advantage by others who see that he wasn't there looking at his property on a daily basis. Chair King: Attorney Dooley. Rachel Dooley (Assistant City Attorney, Supervisor): Good morning, Rachel, on behalf of the Office of the City Attorney. In this particular case, obviously from the City's position, the claim date of compliance, which would have, I believe they have is in 2020, is not a date of compliance. While he may have requested that other people not park on this empty lot next to the shooting range, the gun range in Wynwood, people were continuing to park there, whether he was aware of it. City of Miami Page 32 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Obviously, his age may have had something to do with not keeping on top of the property. I know his son's here and has been helping him out as well now, so things are very, good. But the photographs show consistent use of that lot, which is why from the City's perspective, we can't agree to this 2020 compliance date. It just, it doesn 't work for us because it just -- what we know doesn 't add up. However, I think that all of the issues that, you know, counsel's brought up are, you know, are accurate. The total lien ran to $154, 000 for 616 days. So, I know that they've, under their theory, you know, it was only $4,000, so they're offering a thousand. We can 't agree with the 2020 date just because of what we see, but it's obviously up to you to take into consideration all the factors, but it is very good now, and I know the son is assisting the father with taking care of the lot. Chair King: So, this is my district and I cannot accept a thousand dollars. While I sympathize with you, sir, my father is 82 years old and I handle all of his business, all of his business, but based on what the City Attorney just said, I cannot accept again because -- and not living near the property, not being elderly, that's not an excuse that we can accept. And I tell you, I understand. My father is 82 years old and gets himself into trouble that I have to get him out of as an attorney. Not because he intentionally gets himself into trouble, but just because he's older now. So, I understand, but I'm also a property owner. I own property out of Miami. I own property in Orlando. I am still responsible for that property no matter where I am. So -- but because I understand, I will ask for 5 percent, which I rarely, if ever, do. Ms. Gralia: We appreciate that. Thank you very, much. Mr. Santos-Alborna: And we'll put it at $7,500. Chair King: Do I have a motion? Commissioner Gabela: Motion. Chair King: And a second. Ms. Gralia: Thank you. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: As amended. Thank you. Ms. Gralia: Thank you. City of Miami Page 33 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 RE.7 RESOLUTION 16207 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) DIRECTING THE CITY MANAGER TO IDENTIFY FUNDING TO HIRE ALL CONSULTANTS NECESSARY TO PREPARE A FINDING OF NECESSITY ("STUDY"), PURSUANT TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, FOR THE CREATION OF A COMMUNITY REDEVELOPMENT AREA WITHIN THE BOUNDARIES OF THE NEIGHBORHOOD COMMONLY REFERRED TO AS "ALLAPATTAH" IN THE CITY OF MIAMI ("CITY"), AS DEPICTED IN EXHIBIT "A" ATTACHED AND INCORPORATED HEREIN AND IDENTIFIED BY THE LEGAL DESCRIPTION, ATTACHED AND INCORPORATED HEREIN AS EXHIBIT "B", TO BE KNOWN AS THE ALLAPATTAH REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY (ALLAPATTAH CRA); FURTHER DIRECTING THE CITY MANAGER TO HIRE ALL CONSULTANTS NECESSARY TO PREPARE THE STUDY; AUTHORIZING THE EXPENDITURE OF SAID FUNDS PURSUANT TO SECTIONS 18-73 AND 18-116 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") FOR PREPARATION OF THE STUDY; DIRECTING THE CITY MANAGER TO SEEK REIMBURSEMENT OF SAID FUNDS UPON APPROVAL OF A COMMUNITY REDEVELOPMENT PLAN FOR THE ALLAPATTAH AREA AND ESTABLISHMENT OF THE ALLAPATTAH CRA; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0415 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For additional minutes referencing Item RE.7, please see "Public Comments for All Item(s)." Chair King: Okay, so now, we have the item -- Vice Chair Carollo: Regardless, I would've. Chair King: -- we have the items that are addressing the Omni CRA (Community Redevelopment Agency). So, RE. 16 is to deny the extension of life of the Omni CRA. RE.15 is to direct the city manager to work with Omni CRA executive director to expand boundaries of Omni CRA to include Allapattah. RE.12 is to approve Omni CRA second amendment ILA (Interlocal Agreement). And RE.7 is to direct the city manager to hire consultants for FON (Finding of Necessity), Allapattah CRA. Commissioner Gabela: Can I just -- Chair King: Commissioner Gabela? City of Miami Page 34 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Commissioner Gabela: Okay, so this is what we're attempting to do, and 1 think it's going to be --1 think everybody's going to agree. So, what 1 intend -- what I'm asking you, ladies and gentlemen, to do is to do 7, and we're going to do a global deal as it was, and we're going to do -- approve 7, and this is to direct -- what it says, to look at the possibility of doing an Allapattah CRA, already identifying where the funds are going to come from. One of -- Commissioner Reyes: I move -- I move that. Commissioner Gabela: One of -- Commissioner Pardo: I'll second it. Commissioner Gabela: One of the ones that are in play is the Midtown CRA, okay, and where we can draw that money and other monies. And then what we would do is defer the RE.11, sorry, defer the -- Vice Chair Carollo: RE.12. Commissioner Gabela: RE.12, yes. RE.12, defer 15, and withdraw 16, so all this gets settled as one deal. Commissioner Pardo: Yeah. Commissioner Gabela: And then if -- when it comes back, everything's ready, and we're all ready to vote. You get your extension. Commissioner Pardo: Yeah. Commissioner Gabela: We get our Allapattah CRA with the funding, and where, what, why, and how, and all the terms. And -- Vice Chair Carollo: I'm all for that. I just want to put it on the table again, that there's only one pot of money, unless three things happen. One, we find new monies to replace the money that we would put into a new CRA if we extend the life of the Omni CRA. Two, we make cuts. Or three, manna from heaven falls. So, -- Commissioner Reyes: Okay. Vice Chair Carollo: -- my --1 stand so when we revisit this in the future, you're not BS'd, you see the facts as they are, and what I have put on the table is no less than $332 million that there's a small sliver of Overtown that was ignored for 24 years in the Omni CRA. That should go to the Southeast Overtown CRA [sic], and we should give a little of that money towards that also, in getting that accomplished. But well deal with that when we come back. Now we have plenty of time to try to do this right. Commissioner Gabela: Correct. Vice Chair Carollo: And -- Commissioner Reyes: Please, could you please -- somebody -- Vice Chair Carollo: But I -- the last thing I'll say is -- Commissioner Pardo: That's not -- City of Miami Page 35 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Vice Chair Carollo: -- this city is 70 percent, approximately, give or take, 68 percent Hispanic background. I don't think anybody can deny that some of the most oppressed areas of the city of Miami, along with Overtown and Liberty City, parts of Little Haiti, are in Allapattah, are in Little Havana. Those are facts. But it's also a fact that out of all the monies from CRAs or agencies or BIDs (Business Improvement Districts), not one penny has been created or given to Hispanic areas in the city of Miami. What's the problem? Hispanic commissioners have voted in the past, at least those that don't think that they are descendants of George Washington or Thomas Jefferson. I'm not. But Hispanics have voted from this dais time and time again to help other communities that were in need. It's about time that this commission sees the need in the Hispanic communities, and the one with the most need is Allapattah. And I will tell you Little Havana still has the last needs, but nowhere near like what Allapattah has. And this is why I will push to bring in those dollars to Allapattah to make an impact. And you're not going to make an impact with a few million dollars here or there. You need a big chunk of change to make a real impact. But we'll discuss this at a later time. Chair King: So, Commissioner Reyes had -- Commissioner Reyes: (INAUDIBLE). Commissioner Gabela -- Commissioner Gabela: Yes, sir. Commissioner Reyes: (INAUDIBLE). Chair King: Commissioner Reyes. You're mic. You're mic. Commissioner Reyes: RE.7 -- Commissioner Gabela: Yeah. Commissioner Reyes: -- and defer 12, 15, and 16. Commissioner Gabela: RE.7, and defer -- let me get my bearings here -- 12, 15, and withdraw 16. Commissioner Reyes: I move it. Commissioner Gabela: You move it. Vice Chair Carollo: Second. Second. Todd B. Hannon (City Clerk): So, it's already been moved and seconded. RE.7 has already been moved and seconded. We're focused on RE.7 right now at this time. Chair King: I believe there needs to be some amendments stated for the record. Commissioner Gabela: RE.7. George Wysong (City Attorney): Yes -- Chair King: RE.7. Mr. Wysong: -- Madam Chair. There was a distribution and Section 5 of the resolution will be amended to say, the city manager is directed ident funding for the initial priority projects for the Allapattah CRA, upon its creation. Such funding shall be budgeted, appropriated, and approved by the City Commission. Section 6 City of Miami Page 36 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 will be added to say, the city manager is directed to seek reimbursement of all funds identified in this resolution upon approval of a community redevelopment plan and establishment of the Allapattah CRA. Chair King: Commissioner Pardo, you have something? Commissioner Pardo: No, I was just going to say 51 percent of Omni CRA is Hispanic. So, a lot of times that goes unperceived. It was just a little fact I wanted to throw in there. And I wanted to -- the greater point is to thank Commissioner Gabela. I think this is a fantastic resolution. You can count on me to help you, Allapattah, City ofMiami, any which way -- Commissioner Gabela: Thank you. Commissioner Pardo: -- I'm there and thank you for your leadership on this. I think it's outstanding. Commissioner Gabela: Thank you very much. I appreciate your support. Thank you, Commissioner Pardo. Chair King: Okay. So right now, I have a motion and a second for RE.7. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Mr. Hannon: As amended. Chair King: As amended. RE.8 RESOLUTION 16707 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 601 SOUTHWEST 6 STREET, MIAMI, FLORIDA, CASE NUMBER CE2020012472, AND PROPERTY ADDRESS 1111 NORTHWEST 6 STREET, MIAMI, FLORIDA, CASE NUMBER CE2019007735, 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-24-0410 City ofMiami Page 37 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Pardo, Reyes ABSENT: Gabela Robert Santos-Alborna (Director, Code Compliance): Okay, now we go to RE.8. Chair King: RE.8. (COMMENTS MADE OFF THE RECORD) Chair King: RE.7 is something that we pulled out for discussion. RE.8 is the next mitigation. Mr. Santos-Alborna: Madam Chairwoman, Commissioners, Robert Santos-Alborna, Code Compliance Director. So, RE.8 is the same respondent and it's two different properties with two different sets of violations. This first property is 601 Southwest 6th Street. The respondent is VQ Everglades Development. This -- the case before you is for a notice of violations for failure to maintain exterior property, failure to clear, to maintain in clean, safe condition, and removal of required landscaping. NOV (Notice of Violation) issued on July 8th, 2020. The case was adjudicated on March 4th, 2021. It complied 1,187 days later, accruing a total of 623,500. And I understand the respondent is offering 29,675, which is approximately 5 percent. Of importance is on this specific property -- and then we'll talk about the other one, which is a little bit more problematic. But this one has a history of issues, 14 cases in a period of 10 years, which is something for your consideration. So, $29,675 makes it right below 5 percent. Commissioner, do you want to discuss this one, or do you want me to go into the next one since they're both --? Vice Chair Carollo: I do. What is the total amount of liens here in this one? Mr. Santos-Alborna: So, on the first one it's 623,500. Vice Chair Carollo: 623,500. Mr. Santos-Alborna: Okay. M. Dooley's giving me an earlier compliance date, hut 623 on one and 462 on the other one. I'm going to give you the total in a second. Tell me -- (COMMENTS MADE OFF THE RECORD) Mr. Santos-Alborna: Collectively, on both properties, the total accrued lien amount is 1,055,750. Vice Chair Carollo: How long did this go on for? Mr. Santos-Alborna: So, this one took 1,187 days. The second one, which I have not read into the record -- Vice Chair Carollo: One thousand? Mr. Santos-Alborna: 1,187 days. (COMMENTS MADE OFF THE RECORD) City of Miami Page 38 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Mr. Santos-Alborna: So, yeah, let the commissioner -- Rachel Dooley (Assistant City Attorney, Supervisor): Rachel Dooley, on behalf of the Office of the City Attorney. For each of these, they have a little bit of a difference in their compliance dates because when we don 't get -- when the City doesn't get called out, the day they get called out is the day that it gets complied. On the first case, which is the 2020 case for the 601 property, the compliance date per the inspector was actually June 4th of 2024, which would make it $593,500 or 1,187 days. The second case in which they're found to be a repeat violator for the other property, the City did a demolition on the property. We removed it. They've paid all of the demolition liens and all of the tickets and everything associated with that. They wouldn't be here today, but they have paid all of those costs. So, in that case, that made a significant difference from complying the case in 2024 versus 2021 when the City actually demolished the structure, put sod down and fenced it off. And so, for that one and for that property, which is the 2019 case, the total would be 850 days or $212,500. So, it comes out in a total for both properties to be -- it's 593.5 plus 212.5. Just under a million. 800 and -- math is not my strong suit. Sebastian Jaramillo: Just under 700, 000. Ms. Dooley: 212,500. Vice Chair Carollo: What's the total? Ms. Dooley: 752, $752,000 for both. Vice Chair Carollo: Why did it take them so long to comply? Mr. Jaramillo: I can explain, Commissioner. Good morning, my name is Sebastian Jaramillo. My address is 283 Catalonia Avenue, Coral Gables. As to the first case, it had an unsafe structures case tied to it, so there were violations that needed to be cured, permits to be pulled in order to cure a lot of the violations and the issues with unsafe structures. That took a significant amount of time. Eventually those violations were cured and they were able to get the CU (Certificate of Use) and the BTR (Business Tax Receipt) to cure all the violations. As to the second one, the property was in disrepair, in significant disrepair, so it was demolished, but all costs have been paid and the property now sits as a vacant lot, but everything has been resolved and settled with the City. Vice Chair Carollo: How much are both properties worth, market value? Mr. Jaramillo: Commissioner, as to the second one, it would be difficult because it's a vacant lot that sits -- I have the address for you, but it's just a vacant lot that sits there. Vice Chair Carollo: How many square feet? Mr. Santos-Alborna: I have that information for you in preparation. Vice Chair Carollo: How many square feet is that lot? Mr. Santos-Alborna: So -- I'm sorry. Vice Chair Carollo: How many square feet is that lot? City of Miami Page 39 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Mr. Santos-Alborna: Okay, I don't have that in front of me. I'm going to get it for you, but the value -- Vice Chair Carollo: You could have that. Mr. Santos-Alborna: -- according to the property appraiser -- he can give you that. According to the property appraiser, the value is at 545, 545,000. And on the first one, according to the property appraiser, the value is at 624,000. While counsel gives you the square footage -- Mr. Jaramillo: I apologize, the vacant one is just under 10,000 square feet. Vice Chair Carollo: How about the other one? Mr. Jaramillo: And then the other one is -- 7,200 square feet. Vice Chair Carollo: 17,000 approximately, give or take. And the properties are market value, have to be at least double what you're paying taxes on. What say you as to the recent -- Mr. Santos-Alborna: Well, Commissioner, what I wanted to say and put in the record is that that second property at 1111 Northwest 6th Street is a repeat violation. And you and I have had this discussion, repeat violators should be treated differently. Because we issue the NOVs, we adjudicate, and then to and behold, it happens again. And I think that should carry a different penalty, ill may. So, assuming the -- with the amendments made to the compliance date and the accrual of 752, a 15 percent, which is what I would recommend at the very least is 112,800. That's both combined. Vice Chair Carollo: 112,800. Mr. Santos-Alborna: 800, yes, sir. And that's lowering the fine for the first one at 601, but that 1111, for the record, they have 14 cases in 10 years. That respondent, I'm sorry, counsel, was not a good one. Vice Chair Carollo: 14 cases in 10 years? Mr. Santos-Alborna: Yes, sir. Yes, sir. Vice Chair Carollo: On this property? Mr. Santos-Alborna: I'm sorry? At this property, yes, sir. Mr. Jaramillo: I understand there's no excuse, but as to that property, at least all issues have been resolved because it was demolished. So, this isn't a property that's going to -- no further issue will arise because it's a vacant lot. And just to be clear, both of these properties are in a low-income housing area, so they're not a significant value. The first one is just -- I believe it's under four units, and yeah, it's at four living units. And the second one was also multifamily, but now it's just a vacant lot. Vice Chair Carollo: You'd be surprised what they're going for there, but I think you do know. What additional information would you like to provide? Mr. Santos-Alborna: No, sir, other than the 15 percent makes it $112,800 and that would be, if you ask me a recommendation, that's what I would say at the very least. City of Miami Page 40 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Vice Chair Carollo: Rachel, anything more you'd like to put into the record? Ms. Dooley: No, sir. Vice Chair Carollo: What would you like to offer, sir? Mr. Jaramillo: Commissioner, we had originally offered 5 percent on both fines. In light of the City's presentation, we'd like to increase our offer to 10 percent. 15 percent we believe is excessive given the value of these two lots. I understand what you, Commissioner, mentioned, and 1 would be surprised, but this one specifically, it's on 11 th Avenue and Northwest 6th Street. It's not a very commercial area when it comes to that type of property. So, 1 realize that a lot of these multifamily might be going for more now, but given its size, you'd be limited in what you could develop or resell that property lot for. Vice Chair Carollo: The property appraiser's value is approximately 1.2 million, just a little below that. The actual market value has to be no less than 2 million in that area. I -- if you were not someone that was a constant violator, even though the property's been torn down, I might look at the 10 percent. I have to go with the staff recommendation of 15 percent. Mr. Jaramillo: I understand, Commissioner. Could we do 15 percent on the second property, which was the repeat violation one? And the first one, it was a CU and a BTR that just had issues, like I mentioned before, tied to an unsafe structures case. Vice Chair Carollo: Mr. Code Enforcement Director, the second property. Mr. Santos-Alborna: The second property, the accruals -- (INAUDIBLE). Ms. Dooley: So, for -- just for -- and Todd asked to make this clear. The first property, which is the 601 property, the total adjusted based upon the actual compliance date would be $593,500. And for the second property on this, which would be the -- it's the 1111 property, would be $212,500 total. The second property is the one that when it was .found in violation was found to be a repeat violator at that time. Vice Chair Carollo: Was found to? It was found -- Ms. Dooley: The board found it as a repeat violation on the second property for that case was found as a repeat violation. Vice Chair Carollo: So, the first was not a repeat violator? Mr. Santos-Alborna: No, sir, it was not. It was the first time it was adjudicated. Vice Chair Carollo: This is the 593? Mr. Santos-Alborna: Yes, sir. So, I'm doing the math. If we do the 5 percent on the 593, we can round that up to 30,000. That's 29,675. Vice Chair Carollo: 5 percent now. Mr. Santos-Alborna: Yes, sir. But I will say that as we are ready to proceed with the guardrails that you guys -- that the elected requested, repeat violations would go at 20 percent. And that's going to be part of the resolution. And that I would say that we apply it here, and that 20 percent at 212,500 will make it 42,500. City of Miami Page 41 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Vice Chair Carollo: And 10 percent on the other one would be how much? Mr. Santos-Alborna: 59. Ms. Dooley: 59,350. It will be 59,350. 10 percent would be 59,350. Vice Chair Carollo: And the 20 percent on the other 200 plus? Mr. Santos-Alborna: That would make it 101,850, which is a little bit lower than the collective 15 percent. Vice Chair Carollo: Yeah. What say you? Mr. Jaramillo: Commissioner, 1 think -- I appreciate the City Attorney's position, but they went from 15 to 20, and I understand that they want to make that change, but if they want to penalise my client, I get it. And on the repeat violation, I would maintain that we're fine with the 15 percent that they had initially proposed. As to the first property, we would maintain that we should stay under the 5 percent, which is what's typically given by this Commission. Vice Chair Carollo: Not so. Mr. Jaramillo: And I under -- Vice Chair Carollo: Not so. Mr. Jaramillo: I -- that would -- I understand the position, but we would request that we be giving this exemption and we be granted a 5 percent. Vice Chair Carollo: Well, I'm going to tell you what I'm going to do. If you originally started with 15 across the hoard, that would have made it 112,800. With 20 percent on the smaller amount and 10 percent on the higher amount, it's 101,850. You save almost $11, 000. So, I will go with a motion for the 101, 850. Mr. Santos-Alborna: 850, yes. Vice Chair Carollo: 20 percent. Mr. Santos-Alborna: On the second one, and 5 -- right below 5 -- Vice Chair Carollo: And 10. Mr. Santos-Alborna: Oh, 10? 10 on the other one. Yes, sir. Vice Chair Carollo: There's a motion for $101,850. It's been second. Chair, we have a motion and a second for 101, 850. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Mr. Jaramillo: Thank you. Chair King: Thank you, sir. City of Miami Page 42 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 RE.9 16557 Department of Code Compliance Todd B. Hannon (City Clerk): As amended. Chair King: As amended. Vice Chair Carollo: Chair, can we take up the other items that I had asked originally for the afternoon? Chair King: Yes. Vice Chair Carollo: For the afternoon? Chair King: Yes. Vice Chair Carollo: It's 12:05. Chair King: I intend to -- we have a Virginia Key Beach -- Mr. Santos-Alborna: We have one more. Chair King: We have one mitigation left. Can we get through one mitigation -- Vice Chair Carollo: One more? Chair King: And then the Virginia Key Beach Trust meeting? Vice Chair Carollo: Okay. Chair King: That will be short. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 225 NORTHWEST 16 STREET, MIAMI, FLORIDA, CASE NUMBER CE2014013873, 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-24-0411 MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Robert Santos Commissioners, we met. Adopt with Modification(s) ADOPTED WITH MODIFICATION(S) Manolo Reyes, Commissioner Joe Carollo, Commissioner King, Carollo, Reyes Gabela, Pardo Alborna (Director, Code Compliance): Madam Chairwoman, RE.9 is a deferral that came. from September --.from last time that City of Miami Page 43 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Chair King: I remember. Mr. Santos Alborna: This is a mitigation of a property located at 225 Northwest 16th Street. The respondent is 225 Group LLC (Limited Liability Company). This is an eight -unit apartment building. For the record, I'll put the notice of violation was issued for -- was issued for operating without a certificate of use and business tax receipt, issued on September 14th, 2014; adjudicated on June 15, 2015. It ran for 3,263 days, accruing a total of $823,250. And the offer, as far as I see, is $30,000. I want to yield to Rachel Dooley to elaborate. Rachel Dooley (Assistant City Attorney, Supervisor): I guess it's barely good afternoon. Rachel Dooley on behalf of the office of the City Attorney. Last mitigation for today. This was the reset. Counsel and I, along with the director, went through the compliance dates. There was a discrepancy in CityView. The actual amount of days that the property was out of compliance was 3,289 days, which would make it a total of $822,250. What we also did find that the TCU (Temporary Certificate of Use) was issued 30 days prior to the compliance date. The email had been sent over to the code inspector. They get a bunch of emails a day. They didn't comply it for 30 days, but the TCU was issued. So, less that 30 days brings the total amount to $814.750 is the total amount of violation for 3,259 days. And I believe at the -- there was discussion about other issues. We did meet with both counsel and the owner with regards to making this affordable housing. The owner did not wish to file any covenants on the land, and so therefore would not qualify in terms of what we know affordable housing to be versus I guess what his belief was in terms of what he's willing to offer on his own. So, that's where we are. Chair King: Sir, good morning. Ralf Rodriguez: Good morning, Commission, Madam Chair. Ralf Rodriguez of Cozen O'Connor on behalf of 225 Group LLC, and I have Mr. Javier Salmon, who's the president of the company, the landlord, and owner of the property. As you are well aware, this item was deferred to explore the possibility of having the property certified as low-income housing. Chair King: No, I think -- I'm going to correct the record. The previous time you were before us, it was stated that the property was for affordable housing. So, we deferred it to go get some clarity on that. And what I understand is that through a meeting, you said, no, this is not -- we will not designate this as affordable housing. You would not enter into a covenant for affordable housing. Is that correct? Mr. Rodriguez: That is correct, Your Honor. Chair King: Okay. Mr. Rodriguez: As I indicated, I was not here at the last hearing. My colleague, Mr. Alvarez, was here. I had another hearing that I had to attend. My understanding -- and Mr. Salmon's here -- is that he offered to provide this property as certified for low-income housing. I will tell the Commission that the rent rules on this property are qualifying for below 80 percent of the AMI (Area Median Income). The rent roll goes from a low of $1,000 per month to a high of $1,550 per month, which is well below the average monthly rent for the city of Miami. So, although the property -- although the owner does not want to burden the property with a covenant that runs for the land, as perhaps you might understand, it's a small apartment building. There's a picture of it here. If I may show, it only has eight units. (INAUDIBLE). I can come back here; has eight units, which has been completely renovated. And so, from an economic perspective, it doesn't really make sense economically for the City of Miami Page 44 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 owner to encumber the property with a covenant that runs with the land. So that said, though, he has -- Chair King: Sir, you do know I'm an attorney, right? Mr. Rodriguez: I heard you, yes. Chair King: No, I didn't say to you that I'm an attorney. Mr. Rodriguez: No, 1 heard you. You said you were an attorney when you represented your elderly father. I was here. Chair King: Oh, that's true. Mr. Rodriguez: So, I caught that. Yes, ma'am. Chair King: Okay. Okay. Mr. Rodriguez: I did catch that. Chair King: Okay, just wanted to remind you. Mr. Rodriguez: I was -- I was listening. Chair King: Okay, I just wanted to remind you that I'm an attorney. Okay. Mr. Rodriguez: I was listening. And so, and then, anyways, Judge, the point being here is that our client is doing -- I think he's being very fair in terms of the rent that he's charging for these units. We would like to, you know, address the issue of the violation. He didn't become aware of the violation until June of this year. I know that the City posted it. I've talked to Ms. Dooley. I have a very good working relationship with Ms. Dooley. He didn't find out about it. But the minute he found out about the violation; he cleared it up within 30 days of the day he became aware of it. And all we're asking is that you take these. factors into consideration. We want to continue to hold the rent at the rates that we are. You know, obviously the amount of the -- the fine that we have to pay will impact that at some point, and so we would ask that -- and we're going to offer 5 percent of the 814 amount, which I believe is close to $40,000. Chair King: Attorney Dooley? Ms. Dooley: So, all I can say is I, you know, 1 don't know what their expectation of certiing a property as affordable housing. 1 know that's why we took the -- we don't do that. If he doesn't want to do the covenant, I -- I don't know about any of the -- I'm sure this is all correct. I don't know any of the -- Chair King: Right. We can't -- Ms. Dooley: I don't have an issue, butt -- Chair King: We can't certify that. Ms. Dooley: But I don't -- we don't do what they're asking to do, and so maybe that -- you know, that's their misunderstanding. We've already addressed notice. I don't have an issue with that. So, you know, it's up to, obviously, this panel. They initially offered $30,000. I guess it's now -- they're to $40,000 so -- City of Miami Page 45 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Chair King: Director? Mr. Santos Alborna: That S percent would put it at $40, 700 and that's kind of within the guidelines of the new process that we're with the guidelines that we have developed. But other than that, I don't have any other recommendation. As a point of reference, I don't know if counsel talked about the market value of the property. If you want that, it is $327, 402 according to our property appraiser. Chair King: Okay, so I'm going to ask for 10 percent. Do I have a motion? Commissioner Reyes: Move it. Chair King: Second? Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Thank you, guys. Todd B. Hannon (City Clerk): As amended. Mr. Santos Alborna: Thank you, Madam Chairwoman. Chair King: As amended. Mr. Santos Alborna: Thank you, Commissioners. Mr. Rodriguez: There's one more request. We would like 30 days to render the payment, and 1 think the rule would have 20 days -- Ms. Dooley: Yeah, it'll be from when it's rendered. Mr. Rodriguez: -- but we have to put it on the record is we have 30 days. Ms. Dooley: 30 days to pay from when it's rendered. That's what you're asking? Mr. Rodriguez: Yes, ma'am. Chair King: I don't have an issue with that. Ms. Dooley: Okay. Mr. Rodriguez: Thankyou. Chair King: As amended. Mr. Rodriguez: Thank you. Unidentified Speaker: Thankyou. (COMMENTS MADE OFF THE RECORD) Chair King: At this time, I'm going to recess our City Commission meeting, and we will -- we're going to recess the City of Miami Commission meeting for October City of Miami Page 46 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 RE.10 16710 Department of Fire - Rescue 15th, 2024. We will resume two hours after the last meeting that we take. We have a Virginia Key Beach Trust meeting. So, when that meeting concludes, we will resume two hours after that. Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDING IN THE AMOUNT OF $1,536,884.00 FROM THE DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE AND PROGRAM MANAGEMENT, TRAINING, SUPPORT, EQUIPMENT CACHE PROCUREMENT, MAINTENANCE, AND STORAGE FOR THE SOUTH FLORIDA URBAN SEARCH AND RESCUE ("USAR") PROGRAM ("GRANT"); ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "FISCAL YEAR 2024 — DEPARTMENT OF HOMELAND SECURITY FEMA - USAR COOPERATIVE AGREEMENT"; APPROPRIATING THE GRANT FUNDS TO THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE FOR THE FLORIDA TASK FORCE 2 USAR PROGRAM ("FL-TF2"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT. ENACTMENT NUMBER: R-24-0402 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Now, I have from previous discussion pulled RE.12, RE.15, and RE.16. Are there any other resolution items that you would like to pull for discussion, noting that we have RE.1 through 6 as mitigation items? Todd B. Hannon (City Clerk): And Chair, just for the record, RE.8 and RE.9 are also mitigation items. Chair King: Oh, I'm sorry. RE.8 and 9. (COMMENTS MADE OFF THE RECORD) Chair King: 12, 15, and 16, yes. Commissioner Reyes: Okay. Chair King: Are there any other items with the resolutions that you would like to pull? Commissioner Reyes: Nope. City of Miami Page 47 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Commissioner Gabela: Yeah, same thing with RE.7. Chair King: You would like to pull RE.7? Commissioner Gabela: Yes, it's the whole combination that has to do with the expansion. Chair King: Okay, RE.7. Vice Chair Carollo: RE.8 (INAUDIBLE) -- Chair King: Yes, RE.8 and 9 are mitigations, as well as 1, 2, 4, 5, and 6. Those are all mitigation items. Okay. Seeing none other, I'm going to ask Jroa motion to approve RE.10, 11, 13, 14, which is a four -fifths waiver. Do I have a motion? Commissioner Gabela: Sony, 10, II? Chair King: 10, 11, 13, and 14 -- Commissioner Reyes: 14. Chair King: -- which is a 'bur -fifths. Commissioner Reyes: I move it. Chair King: I have a motion. Commissioner Pardo: I'll second. Chair King: And I have a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 48 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 RE.11 16717 Department of Fire - Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDING IN THE AMOUNT OF $1,743,490.90, WITH A REQUIREMENT FOR CITY OF MIAMI ("CITY") MATCHING FUNDS OF $174,349.10 FOR A TOTAL OF $1,917,840.00, FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY ("FEMA"), FOR THE PERIOD BEGINNING SEPTEMBER 26, 2024, THROUGH SEPTEMBER 25, 2026, FOR THE PURPOSE OF DELIVERING HIGH RISE INCIDENT MANAGEMENT TRAINING TO 802 MEMBERS OF THE DEPARTMENT OF FIRE -RESCUE ("TRAINING"), TO PURCHASE SUPPLIES AND MATERIALS ("SUPPLIES") AND BUILD PROPS TO BE UTILIZED FOR SAID TRAINING; ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM FISCAL YEAR 2023" ("GRANT"); APPROPRIATING FUNDS IN THE AMOUNT OF $1,917,840.00, CONSISTING OF $1,743,490.90 OF GRANT FUNDING AND $174,349.10 OF CITY MATCHING FUNDS FROM ACCOUNT NUMBERS 11000.184010.481000.0000.00000 / 00001.980000.891000.0000.00000; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND COMPLIANCE WITH SAID GRANT. ENACTMENT NUMBER: R-24-0403 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.11, please see Item RE.10. City of Miami Page 49 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 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: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For additional minutes referencing Item RE.12, please see "Order of the Day" and "Public Comments for All Item(s)." Chair King: Now may I have a motion -- Commissioner Gabela: Motion. Chair King: -- to defer RE.12 and RE.1 S? Vice Chair Carollo: Move. Commissioner Gabela: Motion. Commissioner Reyes: Move it. Chair King: I have a motion and a second, all in -- Todd B. Hannon (City Clerk): To -- to what date? Chair King: To what date? Commissioner Gabela: How long is the -- are we going to take approximately on the -- on this (UNINTELLIGIBLE) that we have in (UNINTELLIGIBLE), Larry? Vice Chair Carollo: I think you should bring it back in January. Commissioner Reyes: January. City of Miami Page 50 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Commissioner Gabela: Okay. January sounds good to me. Chair King: Well, how about we indefinitely defer it and that way we can bring it up -- bring it back whenever we want to -- Commissioner Pardo: When we want. Chair King: -- with the proper notice within six months. Commissioner Gabela: I'm okay with that. Commissioner Reyes: Indefinitely defer it. Chair King: Okay. Vice Chair Carollo: Indefinitely defer. Commissioner Pardo: I'm totally fine with that. Commissioner Gabela: Okay. Chair King: So, well indefinitely defer RE.12 and 15. All in favor? The Commission (Collectively): Aye. Mr. Hannon: Is there a motion? I'm sorry, I didn't catch the -- Chair King: There was a motion and a second. Vice Chair Carollo: Yeah, there was. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 51 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 RE.13 16716 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ISSUING A NOISE WAIVER UNTIL 4:00 A.M., PURSUANT TO SECTIONS 36-4 OF THE CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "OPERATION OF RADIOS, PHONOGRAPHS, OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS, AND MUSICIANS - GENERALLY; EXEMPTION" AND 36-5 OF THE CITY CODE, TITLED "SAME - HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS ON CITY -OWNED PROPERTY; RELAXATION," AND AN EXTENSION OF ALCOHOL SALES THROUGH 4:00 A.M. PURSUANT TO SECTION 4-3(B) OF THE CITY CODE, TITLED "HOURS DURING WHICH SALES ALLOWED; PERMITS AND PUBLIC HEARING REQUIRED," FOR THE III POINTS MUSIC FESTIVAL TO BE HELD AT MANA WYNWOOD, 2217 NORTHWEST 5 AVENUE, MIAMI, FLORIDA (ALSO KNOWN AS 318 NORTHWEST 23 STREET) FROM OCTOBER 18 THROUGH OCTOBER 19, 2024. ENACTMENT NUMBER: R-24-0392 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.13, please see Item RE.10. City of Miami Page 52 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 RE.14 16724 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PURCHASE AND SALE AGREEMENT ("AGREEMENT'), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND SOFLO INVESTMENTS, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("SELLER"), FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 50 SOUTHWEST 68 AVENUE, MIAMI, FLORIDA, FOLIO NUMBER 01-4002-002-1000 ("PROPERTY"), FOR A PURCHASE PRICE OF THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID ACQUISITION; ALLOCATING FUNDS FROM OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-B213414A, DISTRICT 4 AFFORDABLE HOUSING LAND ACQUISITION, IN AN AMOUNT NOT TO EXCEED THREE HUNDRED EIGHTY-SEVEN THOUSAND DOLLARS ($387,000.00), TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF SURVEYS, ENVIRONMENTAL REPORTS, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE AND ALL RELATED CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT. ENACTMENT NUMBER: R-24-0404 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.14, please see Item RE.10. City of Miami Page 53 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 RE.15 16725 Commissioners and Mayor RE.16 16726 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DIRECTING THE CITY MANAGER TO WORK WITH THE EXECUTIVE DIRECTOR OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA") TO TAKE ANY AND ALL STEPS NECESSARY TO MOVE FORWARD WITH EXPANDING THE BOUNDARIES OF THE OMNI CRA INTO THE NEIGHBORHOOD COMMONLY REFERRED TO AS "ALLAPATTAH" IN THE CITY OF MIAMI ("CITY"), AS DEPICTED IN EXHIBIT "A," ATTACHED AND INCORPORATED HEREIN AND IDENTIFIED BY THE LEGAL DESCRIPTION, ATTACHED AND INCORPORATED HEREIN AS EXHIBIT "B"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.15, please see "Public Comments for All Item(s)" and Item RE.12. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE EXTENSION OF LIFE OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA"); FURTHER DIRECTING THE CITY MANAGER TO NOT MOVE FORWARD WITH ANY ADDITIONAL ITEMS RELATED TO EXTENDING THE LIFE OF THE OMNI CRA BEYOND MARCH 31, 2030. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Damian Pardo, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: And may I have a motion to withdraw RE.16? Commissioner Pardo: So moved. Commissioner Reyes: Move it. Chair King: I have a motion -- Vice Chair Carollo: Second. Chair King: -- and a second. All in favor? City of Miami Page 54 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 The Commission (Collectively): Aye. Chair King: Motion carries unanimously. And ladies and gentlemen, that concludes the City of Miami Commission for October 15th, 2024. Thank you, again. Thank you for your advocacy. END OF RESOLUTIONS City of Miami Page 55 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 16311 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE X/SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/CODE ENFORCEMENT/ADMINISTRATIVE COSTS, FINES; LIENS," TO AMEND SECTION 2-817 OF THE CITY CODE IN ORDER TO STREAMLINE THE MITIGATION PROCESS AND PROVIDE A CLARIFYING CHART FOR THOSE WHO SEEK MITIGATION; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14319 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Okay, I'm going to go moving along to the second reading ordinances. Mr. City Attorney, would you please read the titles into the record? George Wysong (City Attorney): Yes, Madam Chair. 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.3 was deferred. SR.4. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: That's it for the second reading. Chair King: Thank you. I believe SR.4 was pulled for discussion, so may, I have a motion for SR.1 and SR.2? Commissioner Reyes: Move it. Vice Chair Carollo: (INAUDIBLE). Commissioner Gabela: I got a question on number 2. Chair King: On SR.2? Conanaissioner Gabela: Yeah. Commissioner Reyes: Okay. City of Miami Page 56 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 [Later...] Chair King: Okay, so -- Commissioner Reyes: Here we go again. Chair King: -- may I have a motion for SR.1 ? 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: Motion carries unanimously. SR.2 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. ENACTMENT NUMBER: 14320 MOTION TO: Adopt RESULT: ADOPTED BUT RECONSIDERED MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Gabela, Pardo, Reyes NAYS: Carollo City of Miami Page 57 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 SR.2 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. ENACTMENT NUMBER: 14320 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes SR.2 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. ENACTMENT NUMBER: 14320 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes NAYS: Carollo Note for the Record: For additional minutes referencing Item SR.2, please see "Public Comments for All Item(s)" and Item SR.1. Chair King: I'm going to come back to SR.2. City of Miami Page 58 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Vice Chair Carollo: The question that I had today on SR.2, I think one of the previous questions that 1 had at the last meeting has been cured here, and that is that if anybody wants to make a complaint, it has to be sworn, a sworn complaint, under oath, not anonymous complaints. The other question that I have is on the powers of the inspector general. How are we dealing with that if a certain radio station, television station, newspaper, they want to defame, they want to come out and make up stories on anybody, or bloggers that are paid in many cases. It's not to say that you don't have people in the modern media that are not paid. How are we going to deal with that in this ordinance? Is the inspector general going to be -- have the right to, because somebody is saying something against us, to every day open up an investigation on any one of us, or some of us, depending what friends we have in certain media? Because if that's the case, then I want to know now so that certain media that I have access to, I could open up investigations on people too, like is going to happen to me. Commissioner Reyes: Mr. City Attorney, I -- if you read the ordinance, I mean., it clearly states that there is not -- I mean, you cannot anonymous, there cannot be no anonymous request for any investigation. They have to be sworn in. Am I right, sir? George Wysong (City Attorney): Yeah, let me read you the language. It says the inspector general shall have the power to review and investigate any sworn, non - anonymous complaints on a form acceptable to the inspector general regarding City programs, agencies, contracts or transactions, officials or employees. Such sworn complaint must be based upon personal knowledge or information other than hearsay and signed under oath or affirmation by any person. Commissioner Reyes: I do understand it's very specific on what you are referring to. Vice Chair Carollo: That is specific if it reference to anonymous complaints, that you can't have it. Commissioner Reyes: No. Vice Chair Carollo: You have to have an individual filing the complaint, but nay question is different. Can the inspector general, because he was given copies of a radio program, a copy of a blog or a newspaper, just because he's being pressured to do something or wants to be popular with the media in town and the pillars of the community, can he just open up an investigation based on that? Commissioner Reyes: Can -- City Attorney, I don't believe that because of hearsay, because that is hearsay. Mr. Wysong: Right, the second sentence that 1 read is almost verbatim from the recent amendment to the Commission on Ethics language, which prevented -- there was a person who made multiple complaints against the governor and some people in this room, and he would then send a news article to an organization and say, investigate this. And that language was intended to prevent those types of investigations. Commissioner Reyes: Absolutely. Mr. Wysong: But I just want to also add that it is an independent inspector general. So, if they develop probable cause on their own, they can go ahead and investigate things. I don't want to misinform you that it must be based on a non -anonymous complaint. They have the ability to see what's going on based on actual evidence, but they're not supposed to use -- they're supposed to use personal knowledge and information other than hearsay. City of Miami Page 59 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Commissioner Reyes: Through the Chair, ma'am? Chair King: Commissioner Reyes. Commissioner Reyes: You said it is -- if there is probable cause. Probable cause. That's what is important. And as an inspector general, what we're trying to do, and my intention was to have a watchdog over the city so that everybody that is doing business with the City, or the decisions that we are making, that we think twice before we do something that it is not proper, something that is not ethical or legal. Chair King: Commissioner Pardo? Commissioner Pardo: Yes, Madam Chair. The points I wanted to make here is that the Office of the Inspector General has their established rules and procedures. Miami -Dade County has an Office of the Inspector General. Commissioner Reyes: Absolutely. Commissioner Pardo: I don't think they would be acting outside of the norm for any office of the inspector general. I think we're kind of putting the cart before the horse. I'd like to see this item move and then if there are issues as they come up, we can certainly address them. Chair King: Commissioner Gabela? Commissioner Gabela: Yeah, can you enlighten us, City Attorney, on the process of who gets to pick the gentleman, the inspector general? How does the process work? Who gets to pick the attorney general? Commissioner Reyes: It's on the ordinance. Commissioner Gabela: Sorry, I said the attorney -- the inspector general. Mr. Wysong: Right. Commissioner Reyes: It's on the ordinance. Mr. Wysong: Yeah, the ordinance provides that a selection committee will be created. Commissioner Gabela: By whom? Mr. Wysong: By the ordinance. And the committee is the State Attorney, Katherine Fernandez -Rundle or designee, public defender or designee, chairperson of the Miami -Dade Commission on Ethics and Public Trust, or designee, president of the Miami -Dade Police Chiefs Association, and the Special Agent in Charge of Miami Field Office of the Florida Department of Law Enforcement. So, those five individuals will meet and provide you with a name. You can accept a name or reject a name, and then the committee will submit new candidates. Commissioner Gabela: Thank you. Vice Chair Carollo: Madam Chair•, can we specify in the language that you read to us that the inspector general is not to base the opening of any investigation on any news media story, blogger story, unless he can independently establish probable cause for any investigation that he wants to conduct? City of Miami Page 60 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Chair King: I believe it says that the inspector general has to have personal knowledge and probable cause, and he can't use an interview or an article to create personal knowledge. That wouldn't he personal knowledge. So, I believe that he covered exactly what you just said. Vice Chair Carollo: I'm not quite sure if that's covered there as clearly as you're stating, Chair. Chair King: Mr. City Attorney? Mr. Wysong: I think I see where the vice chairman is going. This section says such sworn complaint must be based upon personal knowledge or information other than hearsay and signed under oath or affirmation by any person. So, what that means is that nobody could forward an article, a video recording, tape recording or whatever and say, investigate this, Mr. Inspector General. But the inspector general does retain the independent authority to investigate whatever the independent inspector general thinks needs to be investigated. If you want to add language to limit the power of the inspector general, we can add that, but this section is really to prevent those type of mail -in complaints and -- Vice Chair Carollo: Sure. Mr. Wysong: -- not based on personal knowledge. Vice Chair Carollo: But then the next step would be the one that I just described. And the list that individuals that have tried time and time again through either elections, through illegal recalls, that have spent thousands of dollars trying to get me out of office, for instance. And the times that they have gone to state attorney, ethics, with one lie after another, that have been proven so, I could see what's going to potentially happen here. They're going to he using then their sources, friends, or paid guns in the media or bloggers to try to influence an inspector general. And this is why I want to see, Mr. City Attorney, how we could try to clarify this so that even a kindergarten student can understand it, that the inspector general will have to have independent probable cause in his own, not arising from any media source or bloggers. Chair King: Commissioner Gabela. Commissioner Gabela: Through the Chair, I'd like to ask, City Attorney, regarding, let's say there's 10 investigations a year. Is this going to be, for example, that we assign an allotted X amount of dollars, let's say $10 million, to the gentleman or to the lady, whoever gets the position, and then he's got to limit whatever investigations he does on that, for example, or is this that the more investigations he has, the more money we've got to give him, and one year it could be, you know, I don't know, five mil to say, a number, and the next year it could be 20 mil. Is this the case here? Mr. Wysong: So, you as a Commission will be able to establish and approve the budget for the independent inspector general, but there is language in here that tracks the Miami -Dade County Inspector General's Office that says, the cost of random audits, inspections, and reviews shall, except as provided or whatever, be incorporated into the contract price of all contracts and shall be one quarter of one percent of the contract price. So, you -- through this ordinance, you all have the inspector general randomly, audit every contract, every procurement, stuff like that, and one quarter of one percent of the contract price will go to fund the Office of the Inspector General. City of Miami Page 61 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Commissioner Gabela: No, no, 1 okay, so 1 understand that. But what I'm trying to do is limit, okay, the amount of money, that this doesn't go crazy here, that we don't go crazy, okay. And then this now has to do with what Commissioner Carollo was just saying. What about, has anybody thought of making it that the person that's doing the accusation has to have first-hand knowledge, like for example, what was just the passed with the ethics? That that rule has now changed. What I'm trying to do is, I think it's a good idea of the inspector general. I'm not against it, but what I'm trying to do is limit the liability, that we don't go, you know, on a year that, you know, from 10 mil this thing gets out of control and it becomes 30 mil because they start hiring, you know, attorneys and private eyes, you know, from -- you know, in forensic accounting from, you know, externally and we get into the 20 and 30 million dollar range. That's why I want a precise answer on that. Mr. Wysong: Yes, so the draft says, "the inspector general shall have, subject to budgetary allocation" -- Commissioner Reyes: Absolutely. Mr. Wysong: -- "by the City Commission, the power to appoint, employ, remove such assistants, employees." So, it's contemplated that before they mushroom into a giant organization, it will be subject to budgetary allocation by the City Commission. Commissioner Gabela: So, if' one year, lets say we say, okay, we all agree your budget is going to be $10 million this year, and the gentleman gets 20 in probable cause investigations that merit an investigation. Mr. Wysong: Right. Coniniissioner Gabela: And then that there says that he's got to go over the allotted budget. Can he do that, or will he have to come back, if that was the case, to the Commission to ask for more money? Mr. Wysong: Oh, he will always have -- you know, the financial integrity principles will apply to this department like any other department. So, they'll have to work within their budget and plan accordingly. And if they need more money, they can come, like some departments do in the paid -year allocation for more money. Commissioner Gabela: What's the staff? How many people here in-house? Mr. Wysong: It'll be up to the independent inspector general to provide how much staff they need and then submit that to you. Commissioner Gabela: Have you set a budget? Has anybody set a budget, you know, what they think it should be? Mr. Wysong: I think -- I don't want to speak for the administration, but I believe what has happened is there was money funded for the independent auditor general and that money has been sort of set aside to help sort of start the department of the independent -- Commissioner Gabela: If I recall, that was like $2 million, right? Mr. Wysong: Approximately, yeah, that's my, recollection. Commissioner Gabela: So, we're talking about $2 million. Mr. Wysong: Approximately, yeah. City of Miami Page 62 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Commissioner Reyes: That's right. Commissioner Gabela: Okay, so I'm okay with that, but if that changes, I'm not going to be okay. Mr. Wysong: They have to come to you for budgetary approval. Commissioner Reves: Yes, I want to make clear --- Chair King: Commissioner Reyes. Commissioner Reyes: Through the Chair, I'm sorry. I want to make clear that this is not an open-ended type of department that they will do whatever they please and spend as much as they please. Like any other department, it has to follow -- it's limit within the constraints of the budget. If they need more money, they have to come to come to us. I mean, everybody has to come to us. And this is no different. This is no different. Commissioner Gabela: But did you think of that? By the same token, if they have to come to us, and there's five other investigations they can't do because they're limited and they go -- Commissioner Reyes: Well, it is -- Commissioner Gabela: Then in one way or another, we're kind of defeating the -- Commissioner Reyes: It is up to us to determine if it is worth it or not. And that's it. Commissioner Gabela: Yeah, but -- Chair King: So, 1 -- Commissioner Gabela: -- you don 't see the problem here? Commissioner Reyes: No, I don 't. Chair King: 1 don't -- Commissioner Reyes: I don't see no problem. Chair King: I think we're chasing a path of horribles. Commissioner Reyes: That's right. Chair King: I do believe that it is smart legislation for us to have the inspector general, particularly when we did away with the auditor. Commissioner Reyes: Yes. And the people talk. Commissioner Gabela: But if we control the budget, we control what he can investigate -- Commissioner Reyes: No. Commissioner Gabela: -- and how many people he can investigate. City of Miami Page 63 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Commissioner Reyes: No, we don't. Chair King: Not necessarily. Commissioner Reyes: Not necessarily. Chair King: And they're doing it in Miami -Dade County as well. They have it in Miami -Dade County as well. Commissioner Gabela: Wysong, explain that to me. Explain that to me. If you set, let's say, a $2 million budget, okay, and the gentleman with that $2 million, to put a number out there, can only -- with that he can only do five investigations out of ten investigations. And then he comes to us and he says, I need more money to investigate five other, you know, entities or people. And we say, no, we're not going to give you more money. Basically, we're in control. So, my question is, what did we achieve? Mr. Wvsong: Well, at least you have those jive investigations. Commissioner Gabela: Okay, all right, I'm done. Chair King: Okay. Commissioner Reyes: I move it. Vice Chair Carollo: I'm just trying to accomplish -- tighten up the wording on the areas that I described. I want to vote for this. I think we need to go forward with it, butt want to make sure that this doesn't become a free-for-all. Commissioner Reyes: No. Vice Chair Carollo: And it could, depending on whom you have as the independent inspector general. If you have someone that's going to be down the line, in the middle, it will be fine. But if you have someone that is going to be more concerned of what the media will say about him, or whom he pleases or not pleases, then it could be a concern if we don 't have very clear guidelines? Commissioner Gabela: I just want to say -- I'm sorry, Madam Chair. Chair King: Hold on. Okay, I'm going to say -- Commissioner Gabela: Real quick. Chair King: Because we're -- Commissioner Gabela: I'm going to vote for -- yes, I'm going to vote for it, you know, but I'll tell you this, you know, if that's the case and we control the budget, you know, this to me is, you know, you're really not achieving anything because we're -- I just said it. I mean, you know, yes, there's a point, but there is no point if you get into that, you know, situation. But anyway, I'm done. I'm ready. Chair King: So, yes, again, I believe we're chasing -- Commissioner Reyes: Yeah. Chair King: We're in a parade of horribles. The committee that's going to select the person to present -- City of Miami Page 64 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Commissioner Reyes: Absolutely. Chair King: -- we still have the opportunity to accept their recommendation or send them back to the drawing board with respect to the budget. There needs to be a budget. The control on that is that we have -- they have to come to us. So, I believe that because we are truing to make ourselves more transparent for our community that this is smart legislation. Commissioner Reyes: That's the idea. Chair King: I have a motion. Commissioner Gabela: Second. Commissioner Pardo: Second. Chair King: And a second. All in favor? The Commission (Collectively): Aye. Vice Chair Carollo: No more discussion of what I was asking, just boom, boom. Commissioner Pardo: And City Clerk? Vice Chair Carollo: I was trying to see -- Chair King: I thought you finished. Vice Chair Carollo: No, I was trying to see if the City Attorney could add at least another line on the area that I was inquiring about. Chair King: What was that line again? Mr. Wvsong: So, Section D, `Function, Authority, and Power" says "the office shall have the authority to make investigations of City affairs and the power to review past, present, and proposed City programs, accounts, records, contracts, transactions." We could add if the Commission so desires, based upon an independent finding of probable cause. Chair King: Do we want to do a reconsideration to add that language? Commissioner Pardo: I wouldn't --1 wouldn't be in favor of adding that language. Chair King: Okay, but I'm going to ask -- I'm asking the City Clerk, what action would we have to take? Todd B. Hannon (City Clerk): In an abundance of caution, I would reconsider the vote that was taken. Chair King: Okay, do I have a motion to reconsider the vote? Vice Chair Carollo: It's a motion. Commissioner Gabela: Motion. Chair King: I got a motion and a second. All in favor? City of Miami Page 65 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 The Commission (Collectively): Aye. Commissioner Reyes: But it is only to add -- Chair King: Add that language. Commissioner Reyes: -- that language to protect from any -- Chair King: Yes. Commissioner Reyes: -- outside influence. Chair King: So, could you read the sentence again, Mr. City Attorney? Commissioner Reyes: Okay. Mr. Wysong: Yes, so it would be adding to parentheses D, parentheses 1, "Functions, Authority and Powers," the additional language of based upon an independent finding of probable cause. Commissioner Reyes: That's it. Chair King: So, I have a motion -- Commissioner Pardo? Commissioner Pardo: Yeah, so based on that language, that means that it's taking it away from the inspector general. Mr. Wysong: Well -- Commissioner Pardo: So, he has to have an independent finding to his -- to himself. Mr. Wvsong: Well, what it does is it -- and it's sort of similar to the Miami -Dade Commission on Ethics. They don 't proceed with a full-scale investigation until they make a finding of probable cause. So, this would just say that the inspector general shall make investigations based upon an independent finding of probable cause. Commissioner Pardo: So, it wouldn't be up to the inspector general? Mr. Wysong: Well, the inspector general will be the one determining whether there's probable cause or not. Commissioner Pardo: Right, but he first needs a finding of -- Mr. Wysong: Yes. Commissioner Pardo: -- probable cause. And does that track? Mr. Wvsong: They will need to make the finding. Chair King: The inspector general has to have -- Commissioner Reyes: I mean, we -- Chair King: -- the inspector general has to have a finding ofprobable cause. Commissioner Reyes: We are going over and over the same thing. City of Miami Page 66 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Commissioner Pardo: Right, I just want to know, does that track the Miami -Dade County ordinance? Mr. Wysong: I don't believe they have that. This is new language. I just sort of came up with it but -- Commissioner Pardo: Okay. Commissioner Reyes: Through the Chair. Chair King: I think Commissioner Pardo has the floor. Commissioner Pardo: Yeah, my only point there is I really would like it to track the Miami -Dade County ordinance because they haven't had these problems, right? So, I would be in favor of just moving forward as is and we can tackle these. We're kind of putting the cart before the horse. And let's not put -- it's an independent office, why are we putting limits without knowing? Commissioner Reyes: Yeah, that's it. Chair King: I agree. Vice Chair Carollo: There are no limits that we're putting on that. Commissioner Reyes: Hold on a second. Chair King: Hold on, hold on. Commissioner Reyes wanted to speak next. Commissioner Reyes: Yes, thank you, ma'am. We have to be careful also, in my opinion, because this was voted, this is a question that was voted, and it was taken to the public the way that it is in the ordinance. And if we start changing now, does that affect the will of the people? So, I will move that we vote in this item the way that was presented to the people. Vice Chair Carollo: This -- Chair, this minute change doesn't hamper whatsoever the inspector general in moving forward. The addition is very, very clear. It, again, goes to his independent finding of probable cause, his independent finding of probable cause. Commissioner Gabela: But what exactly does that mean? Vice Chair Carollo: Well, not based upon any information that's been sent to him from any source, that he's going to make up his mind on that. He would think that he would need to take the independent steps to find probable cause. Commissioner Reyes: Okay, ma'am? Chair King: Any other further discussion? I have a motion and a second. Commissioner Reyes: Yes. I move it. Mr. Hannon: I'm sorry, Chair, who's the seconder? I have Commissioner Reyes as the mover. Commissioner Pardo: I'll second. City of Miami Page 67 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Mr. Hannon: And that's as is. Commissioner Reyes: As is. Chair King: What's as is? To add the language. Commissioner Pardo: No. Mr. Hannon: No, no. As is, meaning how the item went to print on the agenda. No amendment as of right now has been accepted by the mover or seconder. Chair King: Okay. Commissioner Reyes: As was voted on. Chair King: Okay. I have a motion and a second. All in favor? The Commission (Collectively): Aye. Mr. Hannon: Unanimous. Vice Chair Carollo: No. Chair King: Thank you. No. Mr. Hannon: You are no? Vice Chair Carollo: This is for the way that it was before, not in what we asked the City Attorney to place it. Mr. Hannon: Correct. No amendments. Vice Chair Carollo: Exactly. Mr. Hannon: So, no. Understood, 4-1. Vice Chair Carollo: And let it be very clear why I voted no. City of Miami Page 68 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 SR.3 ORDINANCE Second Reading 15353 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23/ARTICLE I/SECTION 23-6 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") TITLED "HISTORIC PRESERVATION/HISTORIC PRESERVATION/TRANSFER OF DEVELOPMENT RIGHTS AND DENSITY FOR HISTORIC RESOURCES; PROVISION FOR A DETERMINATION OF ELIGIBILITY PROCESS, AND SPECIAL PROVISIONS FOR RESOURCES WITHIN THE MIAMI MODERN (MIMO)/BISCAYNE BOULEVARD HISTORIC DISTRICT; PROHIBITING CERTAIN USES; AND ESTABLISHING A 35-FOOT HEIGHT LIMIT," 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: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item SR.3 was deferred to the October 24, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item SR.3, please see "Order of the Day." SR.4 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. ENACTMENT NUMBER: 14321 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela NAYS: Pardo, Reyes Note for the Record: For minutes referencing Item SR.4, please see "Order of the Day" and Item SR.1. Chair King: Next item up is SR.4. May I have a motion? City of Miami Page 69 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Commissioner Gabela: What are we doing now? Chair King: SR.4. Commissioner Gabela: SR.4. Chair King That's the next thing on our agenda. Commissioner Gabela: SR.4. Okay, SR.4, that is the Elected Officers' Retirement Trust. Discussion. Chair King: Can I have a motion and a second -- Vice Chair Carollo: Move. Chair King: -- for discussion? Vice Chair Carollo: It's a motion. Chair King: Second fbr discussion. Commissioner Gabela: Discussion. Chair King: Okay. Todd B. Hannon (City Clerk): Who's the seconder? My apologies, Chair. Chair King: Commissioner Gabela. Mr. Hannon: Commissioner Gabela, you're the seconder. Chair King: For discussion. Mr. Hannon: Understood. Commissioner Gabela: Discussion. Chair King: Commissioner Gabela. Commissioner Gabela: No, 1?Het vice chair go first. Vice Chair Carollo: Look, this is very simple. We have gone through this numerous times already. This is bringing back a benefit that was taken out, and it was taken out by people that took it out for future elected officials but kept it for themselves, ironically. I'm the only one here that is vested, vested, vested in that old pension. Nobody here is. That can't take -- be taken away from me. So, it would be hypocritical of me to say no to this. Now, I will say this for colleagues. Majority work hard. This is not a 40-hour-a-week job. In fact, majority work even harder than anyone in the administration or in the city. Commissioners are on call just like a doctor is. You get calls at all days and hours from people in need. Every time there's a problem somewhere in your district, you're expected to be there, and most of us are. At the same time, with the amount the commissioners make in salary and benefits, and their job responsibility and the hours that they put in, you compare it to what assistant managers and others make, it's lopsided. On that side they're making two, three times more. So, for commissioners to have a pension once they leave here, it's not bad policy, on the contrary, it's probably good policy because you give individuals an City of Miami Page 70 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 additional incentive to work harder and, frankly, an additional incentive to do what's right for the city. 1 think that the time has come that you either vote it up or down, it's not going to affect me as far as a pension or not because I've been vested already, as I stated. So, I make the motion. It's been second. We all know what it is. We don't need to waste a lot of time on this one. Chair King: Commissioner Gabela. Commissioner Gabela: Yeah, I got a lot to say on this. Basically, I'm for this, and let me explain why. Number one, as Commissioner Carollo correctly pointed out, the pension system was installed jbr commissioners a long time back, and I understand in 2010, 2011, or 2009, it was repealed by some commissioners, but they didn't do it to themselves. They did it to everybody that came after. So that to me is morally incorrect. Number two, you know, in my case, I'm 60 years old, okay? I'm serving my first term. Let's pretend that I make it to my second term, okay? If I made it to my second term, I'd be 68 years old should I choose to participate in the pension. If I did choose to participate in the pension, I got elected for a second time, okay? And live that long,I'm going to draw, I understand, $4,400 and something dollars, okay? That's what it is, in my case. In my case. If -- let's pretend I last until I'm 80 years old, if I'm lucky, okay? I don't know what that number is, you know? So, we're worried about that, okay? But by the same token, there's other waste here now, okay, with certain people having double -dipped, and I'm not going to say numbers, okay, but we're not worried about that. I've got to get to a second election, I've got to get to 68 years old, I got to live at least 5 years or 6 years to -- you know, to get even with if I left here at 68 and I received a lump sum. Because when I mentioned that we leave here with a lump sum, nobody wanted to talk about that, okay? Nobody said a peep about that. And I bet you today nobody will say a peep about that again, okay? But the fact of the matter is, let's pretend I lived 5 years, and I equaled the lump sum, I still got to last -- so, in my case, I got to get to 80 so I get more than what I would have with the lump sum. That's number one. But we're worried about $4,400 a month that I might get, or I might not get. If I don't get elected a second term, I won't get it, and if I don't live that long, I'm not going to get it, okay. Then you have the other problem, okay, you have the other problem where the reason I want to do it is so those that come after us -- so I have my -- I have a little bit of real estate, my wife and I do, and I have a business. So, the salary from -- that the -- that you, the taxpayer, paid me, that's not my -- I don't depend on that, that's not my, -- now I'm lucky in that sense, but what happens if after Carollo's gone or Chairwoman, or Reyes, or you Commissioner Pardo, or myself, when we're gone, what happens if a guy, this is the only job he's going to have. This is the only job he's going to have. So, you're going to -- so you expect that guy to give him power and you expect him pay -- to pay him very little and you don't want to give him a retirement and you think that guy is not going to do anything else, okay, without all that power if you don't compensate him. Okay, so then what you're saving on the one hand by not giving the retirement, we might have to spend on a actual lawsuit because he might get himself in trouble, and then Wysong and company will have to be defending him, okay, and then we'll spend money that way, okay, that's another one. Okay, the -- I'm concerned about -- what I want is all people of walks of life, different walks of life, can be a commissioner if they have the right attitude and the right, you know, that they want to do good for the community. Regardless if you're a business owner like myself or you're wealthy, because let's face it, right now, I believe this is a 24-hour 7 job. It really is if you're going to do a job, and all of us know it up here, I think, okay. You know, now if you ask me to do a full-time job, okay, and I didn't have anything else, I have to be compensated, ladies and gentlemen. This niyth that people are going to do this for free and we're not going to pay them anything, and -- this is a fallacy, this is something that, you know, and there's plenty of radio stations out there that have criticized me for even mentioning this. But I have to mention this because this should have been fixed a long time ago because this was repealed. We're not changing City of Miami Page 71 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 anything here. The only thing is that we're repealing what they repealed about 10 or 11, 12 years back. And then let's also be clear, I'm afraid that some in the middle will get left out. There are three or four commissioners in the middle of us that are going to get left out. I don't feel good about that, let me tell you, because I think they should also be entitled to the same thing that we are. So, for me, I want more participation when I'm gone that somebody -- that this is going to be their job. Okay, this is going to be their job. They're not going to be like me, that I'm a business owner and that I -- I live off my real estate holdings, my wife and I do, okay? I want that, you know, somebody simple that has -- you know, that's elected, that can be a person that can run, okay, but doesn't have to be a business owner. He just has the -- he feels for Allapattah, Flagami, Grapeland, in my case, District 1, and he can run, and this is the only salary that he's going to get. And then for those guys, you've got to offer them a package, so they're going to do the right thing up here. That's -- that's what I'm saying. I know I'm going to be criticized for this. I know I'm going to be criticized for this -- for doing this. But I think this is in the right. The only thing we're doing here, we are not the ones, let me be clear, we are not the ones installing the pension system. Other commissioners a long time ago, 30 years ago, installed the pension system. Like Carollo, for example, he's already vested. He doesn't really care if this happens or not because he's -- he gets his pension. He's going to get his pension once he's out of office, okay? Now, so I want to reiterate this. All we are doing is that we're making it right, in my opinion, that we are repealing what those commissioners did in 2009, 2010, okay, that they took out the pension, but they didn't do it for themselves. That's very, important for you guys to know. They did not do that to themselves. Those commissioners that repealed and said no more pension jroanybody after us, they didn't do themselves. Until this day, they are still collecting money. You know? And then furthermore, every employee in the city of Miami, fire, rescue, the general employees, trash, everybody gets a pension. The only difference is that you can argue is, well, we might get it in 8 years, and they might have to put it in 20. That's a legitimate reason, I feel for them. But you know what? Let me tell you something. Sometimes out there we're taking what I call a reputational hazard, okay, one way or the other. Sometimes we get credit and other times we don't get credit. Sometimes we deserve the credit, sometimes we deserve the criticism. You know, we're the United States of America, and that's what it should be about. And I'm okay with that. I've taken -- I've been in here for 10 months, and I've taken some criticism. I've taken some credits, I think we all have, okay? But the. fact of the matter is, the fact of the matter is -- the fact of the matter is, because I know tomorrow everybody's going to be talking, look what they did over there in the City of Miami. And by the way, the reason this has been deferred, okay, because 1 never wanted to do this at 12 o'clock at night when nobody's looking, not having a fill discussion. We wanted to do this, I wanted to do this out in the open, you know, so everybody knows exactly what is -- what is going on. So, for me, it's also a matter of legacy, of legacy, that whoever comes after me, after you, Commissioner Pardo, doesn't have to be wealthy, doesn't have to be a business owner like myself or have real estate assets. But it could be a guy that this is the only thing he's going to do, okay, and he is going to get paid for it, just like any other job. That's what it should be about. When you're up here and you have 20 employees in my office like we do, we have 17 right now, you're basically the executive leading that office. That's what you're doing. And you're leading the district. That's a job. It's a 24-hour job. That's the truth of the matter. You know, people don't know this. They look at the perks that we get, but they don't look at the time that's put in. I work on the weekends, by the way. I work on the weekends, you know, and I should, because I signed up for this. Nobody, put a gun to my head and said, you've got to be commissioner, Gabela. No, no, no, I knew what I was getting into, you know? When I got here, a little bit different, but I knew what I was getting into. So, I have to, you know, admit responsibility, you know. So mainly, I want to be on the record as voting for this for this reason. And, you know, some people will say up here, oh, you know, I came to serve, you know, and I came to serve, too, but I want to do it for the guys that come behind me, you know, and also when -- without again City of Miami Page 72 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 mentioning names because Pin not into that. I try to do things up here -- if1 don't have to get into a squabble, 1 won't. Early on I did with you, Carollo, you know what I mean, I think we're on pretty good terms now, you know, we're not going to be friends, but we're on pretty good terms, okay. Chair King: It is comedy. Commissioner Gabela: Okay, but -- but we respect each other. We respect each other. Vice Chair Carollo: Let me interrupt you for a minute. Commissioner Gabela: Go ahead, you always do. Vice Chair Carollo: We're not going to be kissing cousins. Commissioner Gabela: No, we're not. Vice Chair Carollo: Okay. Commissioner Gabela: And it's been said that you and I have, you know, an alliance, that Pardo and I have an alliance, and this and that. Look, I'm here for the people, and I'm sure you are, and Commissioner Pardo, and everybody is at the end of the day, that we're going to vote on the projects -- on the independent projects as they come, and the merit on the project. And not basically that I'm going to vote against it because you're voting for it or you're voting for it. Bottom line. But what I don't want to hear tonight is people tell me, oh, Gabela, because, you know, you're getting a pension. Yeah, I'm getting $4,400 that ifI make it that far. I've got to serve two terms. I got to get elected one more term. I've got to do my job right because if not, people are not going to elect me. Then I got to live that long, and I've got to live at least five years after that to equal the equal sum that I'm going to take out of here as is right now. So, when people say to me, pension this and that, I say wait a minute, there's some people here that have had a double job, okay, and yearly, they've been collecting close to $100,000 besides their regular job, you know, how much is that in 8 years? How much, you know, I -- there's a lot of waste, you know, in government, you know, but nobody talks about that. We're -- they'll talk about the pension and go against the pension because they know out there, people will spin it to the -- to the -- some of the voters, and some of the voters, I imagine, will believe it. And others will give you credit where it's at, okay. But my point is, you know, when people tell me that I'm saying to people, man, do you want people really -- do you want people that you're paying them, you've got an executive job, and you don't want to pay them and then you give them all this power? Okay, and then, you know, you're putting that temptation in front of them because they need to earn a living, because they need to live just like everybody else. They need to eat, they need to pay rent, they need the money, okay? And so, for me, I'm going to end it with that. It's been a very long speech for me. My -- mines are usually five, six minutes -- Chair King: And I did not interrupt you. Commissioner Gabela: -- or seven minutes. And again, I say, I wish -- by the way, the only, thing I don't like about this is, okay, that we're leaving some people out, commissioners, we are leaving some people out in between that 2010 and 2011 and now. And that's the only thing I don't like about it. Thank you. Chair King: I agree. Any further discussion? I have a motion and a second. Mr. Hannon: Chair, the motion and the second was for discussion. City of Miami Page 73 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Chair King: For discussion. Can I have a motion? Vice Chair Carollo: Motion. Chair King: I have a motion. Commissioner Gabela: Second. Chair King: A second. Commissioner Reyes. Commissioner Reyes: (INAUDIBLE) 1 stated it all along. My position was -- when 1 was accused during my campaign that I was coming here to get a pension. And I said, no, I will never get a pension. And I'm a man of my word. I respect every person's decision, but I want you to respect mine, okay? I'm not here to criticize anybody. It's the way I feel. I promise it, and I'm going to keep it. Either you like it or not, that's the way I am, okay. And I'm going to vote no, alright? Chair King: Great. Commissioner Pardo: Madam Chair. Chair King: Commissioner Pardo? Commissioner Pardo: I just wanted to make it clear also. I understand the reasoning and all of it, and in fact, if it passes, I will take the pension. So, I've never said that I would not take the pension. The biggest difference for me is I think this case should be made to the voters, and it should go to a vote. And that's -- otherwise for me, I see it as self -dealing. That's what I've said from the beginning, and I'm just repeating it, reiterating it now. Like Commissioner Reyes, I respect every single thing everyone has said. That wouldn't change. But 1 wanted to make sure that was clear. Commissioner Gabela: By the way, 1 wouldn't have a problem taking it to the -- I always said I never had a problem taking it as a referendum. I'm on the record saying that. Commissioner Pardo: That's what 1 would prefer. Vice Chair Carollo: Alright. Chair King: Pm not in favor of that. I'm definitely not in favor of that. And let me tell you why I'm not in favor of it, because people are M&Ms, mean and miserable. I received an email criticizing Mayor Daniella Levine Cava and Mayor Francis for declaring a state of emergency for Hurricane Milton. This constituent -- and we all received that email. Did you see the email? Just unbelievable, because we were preparing for a storm. And, you know, the weather, we can't predict with any certainty, but thank God, there were criticized giving out sandbags. We gave out thousands of sandbags in each of our districts. And then, my point to M&Ms, mean and miserable, that individual came back to have a second email to say what? Criticized the hat I was wearing. Criticized the hat I was wearing. I would not leave my livelihood up to voters like that. Unidentified Speaker: No. Chair King: Thank you, Ms. Betancourt. Thank you, Ms. Betancourt. (COMMENTS MADE OFF THE RECORD) City of Miami Page 74 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Chair King: So, 1 have a motion and a second. All in -- Vice Chair Carollo: Well, just -- less than one minute. Commissioner Reyes: Really? Vice Chair Carollo: I dare say that there is no corporation that has $1.2 billion a year, like the City of Miami, and if you include all our agencies, it's a heck of a lot more than $1.2 billion, that its board of directors will have as little as we will have in a pension. None. Go ahead. Chair King: I have a motion and a second. All in favor? Commissioner Gabela: Aye. Vice Chair Carollo: Aye. Chair King: Aye. Commissioner Reyes: No. Commissioner Pardo: No. Chair King: Motion carries 3-2. Vice Chair Carollo: Well -- Chair King: Look at that. And that's how my constituency feels. Vice Chair Carollo: Well, surprise, .surprise. I'm glad that my colleague, Commissioner Pardo, was so transparent. You're truly a pillar of transparency, sir. Commissioner Pardo: From day one. Vice Chair Carollo: That he votes against it, but he says if it passes, I'm going to collect. Boy -- Commissioner Pardo: I work as hard as everybody, else. Vice Chair Carollo: -- that's courage. That's courage. Commissioner Pardo: I work as hard as everybody else and I'm certainly not going to accept less. So, yeah, from day one, by the way. Vice Chair Carollo: I'll bring the mariachis next meeting. Commissioner Pardo: And by the way, you get an increase in your pension. END OF SECOND READING ORDINANCES City of Miami Page 75 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 16661 AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING City Manager's CHAPTER 40/ARTICLE IV/DIVISION 3 OF THE CODE OF THE Office CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST," MORE PARTICULARLY BY AMENDING SECTION 40-241 OF THE CITY CODE, TITLED "DEFINITIONS," TO DEFINE THE RULE OF 80 AND CLARIFY THE APPLICABILITY OF CERTAIN PROVISIONS, AND SECTION 40-255 OF THE CITY CODE, TITLED "BENEFITS," PURSUANT TO RESOLUTION NO. R- 24-0147 ADOPTED APRIL 25, 2024, TO INCLUDE A TWO -AND -A - HALF -PERCENT AND THREE -PERCENT MULTIPLIER FOR THOSE HIRED ON OR AFTER OCTOBER 1, 2010, BASED ON THE MIAMI GENERAL EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 1907 COLLECTIVE BARGAINING AGREEMENT FOR OCTOBER 1,2023, THROUGH SEPTEMBER 30, 2026, AND TO UPDATE THE CITY CODE TO COMPLY WITH EARLIER RATIFICATIONS OF COLLECTIVE BARGAINING AGREEMENTS AND CITY CODE AMENDMENTS, SPECIFICALLY RESOLUTION NO. R-11-0364, ADOPTED ON SEPTEMBER 15, 2011, RESOLUTION NO. R-24- 0013, ADOPTED JANUARY 22, 2024; ORDINANCE NO. 13203, ADOPTED SEPTEMBER 27, 2010; RESOLUTION NO. R-22-0340, ADOPTED SEPTEMBER 13, 2022, AND RESOLUTION NO. R-22- 0423, ADOPTED OCTOBER 27, 2022; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Miguel Angel Gabela, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Mr. City Attorney, would you please read the title for our FR.1 item? George Wysong (City Attorney): FR.1. The Ordinance was read by title into the public record by the City Attorney. Chair King: Does anyone have any discussion for this item? Would anyone like to discuss this item? May 1 have a motion for FR.1? Commissioner Gabela: Motion. Chair King: May I have a second? Vice Chair Carollo: Second. City of Miami Page 76 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Chair King: Second. 1 have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: For FR.1 ? Commissioner Pardo: No. Commissioner Reyes: (INAUDIBLE) FR.1 ? Chair King: Yes. This -- no, not the electeds' pension. This is the -- Commissioner Gabela: This is the employees. Chair King: This is the employees. Commissioner Pardo: Yes. Chair King: Okay. Commissioner Pardo: Apologize. Chair King: Okay. Commissioner Gabela: I kind of thought you were -- Commissioner Pardo: Yeah, I -- Todd B. Hannon (City Clerk): So, that's unanimous, 5-0? Chair King: Okay, yes. It's unanimous. Mr. Hannon: Unanimous, 5-0. Chair King: Yes, okay. City of Miami Page 77 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 FR.2 ORDINANCE First Reading 16718 Commissioners and Mayor AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTER 36/SECTION 36-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "NOISE/OPERATION OF RADIOS, PHONOGRAPHS, OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS, AND MUSICIANS — GENERALLY," AND CHAPTER 36/SECTION 36-5 OF THE CITY CODE, TITLED "NOISE/SAME — HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS ON CITY -OWNED PROPERTY; RELAXATION," TO CREATE A PILOT PROGRAM FOR THE NRD-1 WYNWOOD BID REMOVING DECIBEL READINGS FOR NOISE VIOLATIONS AND CREATING ALTERNATE HOURS FOR RESTRICTIVE TIMES AND ALTERNATE DISTANCES FOR SOUND; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item FR.2 was deferred to the October 24, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item FR.2, please see "Order of the Day." END OF FIRST READING ORDINANCES City of Miami Page 78 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 BC.1 16510 Office of the City Clerk BC.2 14754 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 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Wills J. Felin Commissioner Christine King ENACTMENT NUMBER: R-24-0412 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Mr. City Clerk, do you have any hoard or committee appointments? Todd B. Hannon (City Clerk): Yes, thank you, Chair. BC2, Arts and Entertainment Council, Chair King will be reappointing Willis [sic] Felin. City of Miami Page 79 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 BC.3 16702 Office of the City Clerk Chair King: Wills. Mr. Hannon: Oh, Wills, I'm sorry. Chair King: Do I have a motion? Commissioner Gabela: Motion. Commissioner Pardo: 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 A CERTAIN INDIVIDUAL AS CHAIRPERSON OF THE ARTS AND ENTERTAINMENT COUNCIL. APPOINTEE: NOMINATED BY: Wills J. Felin Mayor Francis Suarez ENACTMENT NUMBER: R-24-0413 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Todd B. Hannon (City Clerk): BC.3, Arts and Entertainment Council, Mayor Suarez will be appointing Wills Felin as the council's chairperson. (COMMENTS MADE OFF THE RECORD) Chair King: I have a motion. Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 80 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 BC.4 6672 Office of the City Clerk BC.5 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: NOMINATED BY: Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN City of Miami Page 81 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 BC.6 15417 Office of the City Clerk BC.7 16284 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 NOMINATED BY: 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 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 Damian Pardo Commissioner Joe Carollo Commission -At -Large Commission -At -Large City of Miami Page 82 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 BC.8 15122 Office of the City Clerk BC.9 16511 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMERCIAL SOLID WASTE MANAGEMENT ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: RESULT: NO ACTION TAKEN Commission -At -Large 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 83 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 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 84 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 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 85 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 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 86 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 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 87 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 BC.15 16055 Office of the City Clerk BC.16 16651 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 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING A CERTAIN INDIVIDUAL AS A MEMBER OF THE LITTLE HAITI REVITALIZATION TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Roody Meme ENACTMENT NUMBER: R-24-0414 NOMINATED BY: Commissioner Christine King MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Todd B. Hannon (City Clerk): BC.16, Little Haiti Revitalization Trust, Chair King will be reappointing Roody Meme. Vice Chair Carollo: Move. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. City of Miami Page 88 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 BC.17 15421 Office of the City Clerk Mr. Hannon: That concludes the boards and committees. Thank you, Chair. Chair King: Thank you. 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 City of Miami Page 89 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 BC.18 16648 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Joe Carollo City of Miami Page 90 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 BC.19 9270 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI TECHNOLOGY COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: 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 91 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 BC.20 16652 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King City of Miami Page 92 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 BC.21 3693 Office of the City Clerk BC.22 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 Page 93 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 BC.23 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 Page 94 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 DI - DISCUSSION ITEM DI.1 DISCUSSION ITEM 16731 Commissioners and Mayor A DISCUSSION ITEM REGARDING THE BAYFRONT PARK MANAGEMENT TRUST. RESULT: DISCUSSED Chair King: The next item we have on our agenda is -- and Pm going backwards, so I'm going to get all the way to the front. Discussion item on Bayfront Park Management Trust. Whose item is this? Commissioner Pardo: That's my item. Chair King: Do you want to keep it, or do you want to defer it? Commissioner Pardo: I want to keep it. Chair King: Come on. Commissioner Pardo: Did you want to do it later? Chair King: No, no, no, no, no. I'm going to -- Commissioner Pardo: Okay. Chair King: Let's go. Commissioner Reyes: We've got to get out of here for the -- Chair King: No, I'm going to go backwards. Commissioner Pardo: Okay. I think we just have some quick slides to show. Vice Chair Carollo: We got other (UNINTELLIGIBLE). Chair King: Yes. Yes. But this is an item on. So, this is the next thing. And then I'll just keep moving forward. There's a discussion for Bayjront Park Management Trust that Commissioner Pardo put on. Commissioner Pardo? Commissioner Pardo: Yeah, 1 have just a handout on the information and some slides, which 1 think Chris is probably somewhere. He'll set up in a second. But anyway, 1 wanted to start out by saying Bayfront Park Management Trust is listed as a component unit of the City of Miami. Now 1 would ask the City Attorney if you could explain a component unit or how that's different from anything else. George Wysong (City Attorney): Yeah, so I -- Commissioner Pardo: Like the CRAs (Community Redevelopment Agency) or the DDA (Downtown Development Authority) or anything. City of Miami Page 95 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Mr. Wysong: Quite honestly, I'm not -- I guess this is -- I don't know who prepared this document, but a component -- (COMMENTS MADE OFF THE RECORD) Mr. Wysong: Oh, the auditors did? A component unit of the City of Miami is not really terminology that we use. I will say that by its definition, Bayfront Park Trust is an agency of the City, however it doesn't have -- like typically when you look at our code, you'll see like the more powerful boards, using that term loosely, they're granted corporate power to sue and be sued in the courts of the state and with power to adopt and use a corporate seal, that's out of the DDA legislation. Miami Parking Authority has the power to sue and be sued and enter into contracts and stuff like that. Bayfront Park's authority is overseen by the city commission, so it doesn't use the term limited agency, but it's an agency. So, I'm not exactly sure what component unit of the City of Miami is. Commissioner Pardo: That's fine, but my -- Arthur Noriega (City Manager): But wait, let me clarify. Mr. Wysong: Okay, please. Mr. Noriega: Having been a component unit of the city at one point in my professional life, it is an accounting reference. Mr. Wysong: Okay. Mr. Noriega: So, when they reference it as a component unit, that's an accountant's reference. Commissioner Pardo: But I think the main -- the main point that I was trying to say is how it's different than DDA and the CRAs in that the commission is responsible ultimately. Correct? Mr. Wysong: Correct, yes. Commissioner Pardo: Okay. So, in the last two audits for Bayfront Park Management Trust, there were significant deficiencies listed which are important and I want to say -- where's the chief financial officer, where's Larry? Chief Financial Officer, when we've been discussing, there's an upcoming forensic audit on Bayfront Park Management Trust, correct? Larry Spring (Chief Financial Officer/Assistant City Manager): Yes, at the direction of the commission. Commissioner Pardo: Okay. So, I just wanted to make sure that in that forensic audit, these are addressed, these kind of deficiency findings. Mr. Spring: Yeah. We already provided the audit firm that is assigned to do that audit the close out audit, and we used the management letter comments as a starting point. Commissioner Pardo: I saw the scope of work -- Mr. Spring: Yeah. City of Miami Page 96 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Commissioner Pardo: -- but it didn't mention procedures. So, what I'm -- what I'm trying to list here are the considerations that have come through our office, the issues that have come to our office. The issue about journal entries. When you read the effect, it says, without proper review of journal transactions, the Trust could be exposed to material misstatements due to the improper recording in addition to possible fraud or misuse of funds. There haven't, according to this, been bank reconciliations. The eject says, without proper review of bank reconciliations, the Trust would not know if the cash position at a point in time is accurate and whether or not there were errors, fraud, or misuse of funds. In addition, unreconciled transactions could cause accounts to be over or understated. If you go to the next slide, Chris. Sorry, to -- that's basically what I just read in those areas. And go to the next one. The next one. It'll be fast, I don't want to -- you'll see the, like, these are the things that concern me, but also that I would want the auditors to kind of look at. We had more or less a cash balance of 9 and a half million, but the interest earned was $7,228. It doesn't jive in my mind. So that, along with the deficiencies, is what I would like them -- procedures written, to kind of address. If you go to the next slide, you'll see it's better, $286,000. But by then, the balance was 14 million and a half, right? If you go to the next one, you'll see that even in the forecast now, when we look to 2023-24, you see 792 added to the 264. Now we're at a million, but we were forecasting zero. So, there's just stuff here between the budget and what's reported in the statements that I want the forensic auditors to look at. Mr. Spring: Okay. Commissioner Pardo: The pending projects which now with the balance that Bayfront Park Management Trust has, basically all of it is getting used for the list of projects, if you go to the next slide, including the fountain reconstruction, the rock garden, the promenade, the flower clock, a new fountain for Maurice Ferre Park, and I want to know because this is what the residents have been corning to our office about. How does this fit with procurement? Is it following procurement? Are there conflict of interests? Is this in line with the master plan? These are the issues that they keep coming to us with. Mr. Spring: Okay. Commissioner Pardo: The issue about the former interim executive director and transfers going from Bayfront Park Trust to District 3, or Bayfront Park Trust to Tower or District 3, those have all been mentioned to us as areas where we would like to see some kind of procedure that helps identify it. Permitting a procurement during that same time period and then petty cash transfers for VIP (Very Important Person) parking and whatever happened with the MPA (Miami Parking Authority) agreement. Mr. Spring: Okay. Commissioner Pardo: In addition to that, just the community support line item seems to be outside the mission of what Biscayne -- of Bayfront Park Management Trust was, the outside support to Little Haiti, little -- all the other communities. What is that line item? Is there any procedure to make sure that the money, you know, is being used and should it be used given that the mission of this -- of Bayfront Park Trust -- Management Trust is to manage the park, not community support in this way, which the city does. Those were all the concerns. Mr. Spring: Okay, I will get a copy of this and share it with the lead from Markham. I'll do that tomorrow. Commissioner Pardo: Thankyou very, much. City of Miami Page 97 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Chair King: The lead who? Mr. Spring: The lead -- the lead auditor from the audit firm that's assigned. Chair King: Okay. Mr. Spring: The firm is Markham LLC. Chair King: Okay. Would it -- does anyone else have anything? Vice Chair Carollo: Yes. I really don't know what the heck champ here is bringing out, but we certainly have the financial people from the Trust that can go over this and will be more than happy to answer any questions. Interesting he met with them after he had asked for the financials to be given to him. From what I was told, he really had no problems, he never came back to ask any questions of the financial people that went to see him, or from the executive director. Unlike from eight, nine days ago, when right at this podium I asked the executive director from his Omni CRA to provide me, line item, expenditures and salaries for employees. To this day I have not gotten it and they cannot tell me when I will receive them. For the record, I'm making to you, Mr. Pardo, and to the executive director, a public records request, by Florida law, which verbal is as good as in writing, for all the information that I asked in the last meeting that we had with the Omni CRA. This, it's obvious, a big balloon that he's trying to come up with on trying to see if he could create the doubt that something is wrong. There's problems with monies in Bayfront Park. He's complaining about procurement, but as I pointed out today and in numerous other commission meetings, he constantly votes up here for items that are four -fifths, no procurement. I guess the only place he's got a problem if we do a four -fifth vote without procurement is in Bayfront Park Trust. That he would have the audacity to complain that the trust gave $50,000 to a Liberty City arts group for young kids in Liberty City to be taught art by native artists from Liberty City. It's outrageous. That he will complain that we gave $50,000 to a little Haiti group so that young Haitian girls that are here, basically they were abandoned, could be taken care of and have a place to live and food to eat, it's outrageous. Could audit that all you want and send all the people that you want. And yes, we are going to have a new fountain, hopefully, before December 31st, actually it's a refurbishing of the original Noguchi Fountain at Bayfront Park. And yes, the board approved, in a public meeting, to put in front of the Jorge Perez Museum, in the circle that's there, a new type of modern fountain. And that process is in the way in doing it. But, of course, we can't do anything here unless Mr. Pardo's proxies, those five or six people, decide what needs to be approved in Ferre Park and now I'm seeing in Bayfront Park also. Listen, the executive director of Bayfront Park is here, I asked him to be here, Mr. Suarez, please look at this piece of garbage. And I want an answer; get whoever you have in your office, whoever else you need to, so it could be answered. This is just a smoke screen by this guy because he's afraid, he's having a meltdown, and I'm not going to allow him to tarnish the image of a good board of directors that we have in that park, to tarnish the image of what has been accomplished there in the last seven years. When I went there as chairman for the first year, we had under $3 million of revenue. Now we're up to around $13 million in revenue. This guy's going to complain. And of course, there's never a thank you for all the work that we do there, all that we've accomplished there. It's only complain, defame, attack, nonstop. So, Mr. Pardo, you can do with this whatever you like. I'm not an accountant, so I don't do the numbers'. We have people that can do that. They can explain that, and they will explain it, but there's nothing here that I see that's got any validity to it or that cannot be explained. And you know well that if you wanted these answers, all you had to do was ask Mr. Suarez. You could have had the Trust -- and like the way you treat even a vice chairman of the Omni CRA, that I can't get any information. I didn't City of Miami Page 98 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 stop the executive director and our staff from giving you anything you wanted, including when in violation of our charter, you wanted to speak to the individual that had put up the outdoor gym equipment because you wanted him to take it down right away. And you were intimidating the man. And you were allowed, we didn't even stop you on that, to go ahead and speak to him on your own. All the information was given to you. Listen, champ, do better than that. You know, you're in the major leagues now, and you're a minor league player. Chair King: Commissioner Pardo? Commissioner Pardo: I don't view myself as a very intimidating figure, but that said, I'll first address the Omni piece of information that's been said a couple of times. That request was made a few days ago. Vice Chair Carollo: No. It was made -- Commissioner Pardo: And -- Vice Chair Carollo: -- at a meeting here -- Commissioner Pardo: I'm speaking. Chair King: Hold on. Hold on. Commissioner Pardo: I'm speaking. Vice Chair Carollo: -- last, not this Monday -- Chair King: Hold on. Commissioner Pardo: I'm speaking. Vice Chair Carollo: -- the Monday before that. Chair King: Vice Chair. Commissioner Pardo: I'm speaking. Vice Chair Carollo: Not a few days ago. Chair King: He didn't interrupt you. Let him -- let him speak. Commissioner Pardo: It was made a few days ago. 1 don't know the exact number, 6, 5, 7, something like that. In between a hurricane, in between -- the request was ,for 24 years of financial information and perspective. They also had a mediation the very next day that took the entire day. We don't need a request or -- of course we are going to satisfy the request. We will give you all that information; that's been our intention from day one. So that's -- I just wanted to make that very clear. As far as the Bayfront staff goes, the Bayfront Park staff, they've been great. I've had a great working relationship with Jose. I did meet with them, and I did bring up the interest income issue, but I had not seen the two sets of financials at the time. So, I'm going to wait for the forensic audit and for the explanations. I'm not making any accusations. I'm simply saying these are areas that, as commissioners, we should get answers to. And procurement. I am in favor of following procurement and getting bids unless there's a good reason. Like, for example, it's two companies that do horse rides. Or, you know, so as long as it's explained, I'm good with it. You know, it's otherwise, though, let's try to follow our procurement procedure. And, of course, I City of Miami Page 99 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 support donations going in Liberty City or any other place that needs money and has community outreach programs. It's just that line item, community support, was never foreseen as part of that mission and might be better off in the City not at Bayfront Park Trust. That's it. Chair King: Any others want to? Okay. So, we've addressed discussion item on Bayfront Park. END OF DISCUSSION ITEM City of Miami Page 100 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 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: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item PZ.1 was deferred to the October 24, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item PZ.1, please see "Public Comments for All Item(s)." Vice Chair Carollo: And then I will make a motion on PZ.1. Chair King: Motion for PZ.1. Commissioner Pardo: Is there any discussion? Chair King: Oh, absolutely. Commissioner Pardo: Oh. Chair King: I don't think that we can get away with not having discussion on this item. I see attorneys lining up. Come on up. Amanda Quirke Hand: Good afternoon, Amanda Quirke Hand, office at 1395 Brickell Avenue, outside counsel for the City, of Miami on this matter. This matter has been discussed at many different meetings. It's our position that the reconsideration is appropriate and it's also in accordance with the referendum that was approved by 80 City of Miami Page 101 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 percent majority. So, we would encourage this commission to vote and grant the appeal. Chair King: Sir? Marc Burton: Good afternoon, Madam Chairwoman, Mr. Vice Chairman, Commissioners. This body may not proceed with reconsideration of the final decision of May 23rd to deny the appeal from the PZAB (Planning, Zoning and Appeals Board). It would be an abrogation of jurisdiction to do so. So, whatever may be a good idea or not a good idea, or good policy or not good policy, or the voters or not the voters, this body lacks jurisdiction to entertain the question altogether. How do we know this? We know this -- Ms. Quirke Hand: Madam Chairwoman, are we starting over with the presentations or are we just --? Chair King: I really don't want to. You spoke this morning at public comment. I understood, but if my colleagues need to hear what you have to say again, I am not going to stop you because you are here for the PZ (Planning and Zoning) item and interested parties are allowed to speak during our PZ items. It's separate from public comment, but I get it. And I just, for the record, as well, I agree with Commissioner Gabela. This should be put to rest. The voters voted. We should reconsider it. And in your statement, you said we don't have the authority, but you forgot to say in your opinion, because a court would have to decide if we don't have jurisdiction to reconsider this. But from what I've been told by our city attorney, by our city clerk, this is well within our jurisdiction. And again, 80 percent of our electorate, even in District 2, there was not one precinct that did not vote in favor of the gym equipment. So, on this issue, I think it's a foregone conclusion. And if my colleagues want to hear your presentation again or Ms. Quirke's presentation again, I want to allow you to do so because I don't want to have any problems later that I didn't let anybody speak, et cetera, et cetera. But that's where I am on this. Mr. Burton: Understood. I'm sorry. Commissioner Pardo: Madam Chair, one clarification I'd like to make. Obviously, the residents don't agree with that. They think that question was misleading, and that's currently in a court of law being contested, I do want to hear what is the case law that makes you say that we do not have jurisdiction, and then if that is the case, are we opening ourselves up to yet another lawsuit based on our -- on what we decide to do? Chair King: You know, either way it goes, we're opening ourselves up to a lawsuit because if we disenfranchise 80 percent of our electorate, we open ourselves up to a lawsuit. If we -- you know, either way, because we live in a litigious society, and just because someone brings a lawsuit and you can find case law to support any side that you're on, and every attorney knows that. There are pros and cons. There's case law for this. There's case law for that. So, that doesn't move me if he has case law. It doesn't move me if she has case law. Ultimately, a judge will decide having all the facts. But we, we as a commission, we need to put this issue to rest. And just like I just said, you know, you have residents that are saying the referendum language was misleading. Okay, a judge will decide that. I don't think it was misleading, but that's just my opinion. And again, my argument in favor of it not being misleading is that at least the voters in District 2 would have voted against it because there was such a big campaign against the gym equipment, but it passed 80 percent. I don't know how we disenfranchise 80 percent of voters in the city of Miami. So, I would like to put this to rest. Commissioner Pardo. City of Miami Page 102 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Commissioner Pardo: The campaign was only done two weeks leading up to it because it wasn't understood that it was a binding referendum. Most people thought it was a simple straw poll. That aside though, I know the plaintiff wasn't able to make it. And I know you had asked in public comment for this to be deferred until the plaintiff could be here to, you know, to represent the residents. I don't know that that is something that we would need -- Chair King: I -- I don't -- typically, if you're represented by counsel, it doesn't matter if the person is here specifically, because this person represents -- I mean, he's going to say the same thing that his attorney says. So, I don't think we're disenfranchising the plaintiff by listening to his counsel. But again, it's the will of my commissioners. I'm ready to move this forward. Pin ready to vote for reconsideration. Will of my commissioners, do I have a motion? Vice Chair Carollo: There's a motion. Chair King: I have a second? Mr. Burton: May I respond? Chair King: Wait, hold on a second. Commissioner Reyes: Ma'am, I have -- Chair King: I'm not -- when I get the motion and the second, then I'll have more discussion. I'm not -- I'm not going to forget about you. Commissioner Reyes: Ma'am, the only thing that I'm saying, and I have repeated it, and I don't know why, sometimes the Law Department, (UNINTELLIGIBLE) -- I mean, it muddied the water in a way that it makes it more difficult. No, really. Really. The people spoke. People spoke 80 percent, 87 percent. It's just like the Inspector General, 80-something say yes. Now, people speak. That is the democratic way. And that the -- if it was not a campaign against it, it is not the people's fault, you see? It is not our fault; that I am in .favor or against is irrelevant. It's irrelevant. And now, my only concern about PZ.1, it is if we reconsider and then we vote against it, we opening up a Pandora's box that any time that something happens, well, I would like to reconsider now if I have to vote the deal with Melreese, you see? And that is the only reason that 1 will vote against it. But 1 will vote that -- to do what the people -- that -- what people voted for. And let's place this to rest. That's the only reason that I will not vote fbr PZ.1. But let's put this to rest. If there is now, there is -- if there is -- now we have a lawsuit against the referendum, let the judge decide. And if the judge decides that it is not valid, well, then you take the, 1 would say, infamous, because they are not even famous, I mean, they have created so much problem. You take the infamous exercise equipment out of it because the judge would say so, and that's it. I mean, I don't know why you guys -- Commissioner Pardo: I agree. Commissioner Reyes: -- why you guys try to make it so difficult. You see, it is very simple. People speak, you see. Okay, now leave it like the way it is, okay? There's no need for the reconsideration, that's what it is. Commissioner Pardo: There isn't. Commissioner Reyes: And if you -- and if we vote for reconsideration, regardless if I like it or not, if I want it there or not, you know that I voted against it. What we are doing is we are opening up a Pandora's box. Now, a year from now, or at any time, City of Miami Page 103 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 anyone of us will say, well, I want to reconsider the vote that we had. And if you have the three votes, then you reconsider. Do you understand where I'm going? Chair King: Yes, but that's exactly what we did with the billboards. We didn't like it, and it was reconsidered. So that -- Commissioner Reyes: That's right, but -- Chair King: Those are actions that this commission takes and -- Commissioner Reyes: I didn't like that route either. Chair King: -- can -- yeah, I didn't like that either. Commissioner Pardo: But it was done -- but it was done within 30 days. Commissioner Reyes: Within 30 days, you see. Commissioner Pardo: That's the rule. Commissioner Reyes: I mean, but this is a long time. Chair King: So, again, again, here we are. We have PZ -- Commissioner Reyes: (INAUDIBLE) simple vote to leave it there (INAUDIBLE). Chair King: No, because then you're doing exactly what you said you didn't want to do, disenfranchise 80 percent of the electorate. Commissioner Reyes: No, no, no, not me. The voters (INAUDIBLE). I mean, open it up, leave it there, and if there is a lawsuit -- Chair King: Well, that's what PZ -- Commissioner Reyes: (INAUDIBLE). Chair King: -- that's what PZ.1 begins to do. I think Commissioner Carollo wants to say something and Commissioner Pardo would like to speak again and Commissioner Gabela, you're okay? Commissioner Gabela: No, no, I'm listening, I'm listening. Chair King: Okay. Commissioner Gabela: I'm keeping my thoughts until the end. Chair King: Okay. Commissioner Reyes: (INAUDIBLE). Vice Chair Carollo: Chairwoman. First of all, let me say this for the record, that counsel for the plaints spoke all he wanted to when this came up the last time before this body. The plaintiff himself spoke, and is on the record; the main plaintiff and several of the others. Now, you know, maybe the world is turned upside down, I don't know, but when I'm being told that the residents are not getting the rights, you're talking about six people that were recruited by Mr. Pardo to file the lawsuit. And when they asked the question, where was the money going to come to pay for the City of Miami Page 104 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 lawsuit, he told them where it was going to come from. He was putting a PAC (Political Action Committee), a PAC was going to pay for it. And where did the money from the PAC come from? From individuals that want the Omni CRA to be passed because they're going to cash in on all that money. From the wife of one of the people in the billboard company, who sits in our parks. From bar owners on 8th Street that are suing the city, their corporations, and others. So, for this game, this charade to be played, it's outrageous. When you have one person responsible for all this here, the champ, 80 percent of the residents of Miami voted for the exercise park equipment. Two weeks? They had weeks that they were campaigning. They had the local tabloid that came out with editorials. They spent tens of thousands of dollars in an election campaign. So, anything else that they want to tell you, it's just fake news, totally, on this. Having said that, what they'd like to do is to keep this in limbo, that the vast majority of residents of Miami that voted for this and others, can't use outdoor gym equipment that has been installed and paid for. That's not right. There's no city in the free world that would do something like this. The PZ1 and PZ2, that's a way to move forward. And anybody that wants to bring something else up in the future, you can make quite a difference between this that was approved by a referendum and anything else. I don't think we're going to get anything before this commission that had been approved by a referendum. So, that's the big difference here. PZ.3 will also handle this, and that's on first reading. So, we could go through PZ.3 also on first reading and bring it back. But we should move forward in PZ.1. If that passes, then go with PZ.2, because if we're going to be saying that we're going to listen to the people, and 80 percent voted, and we're going to listen to the 80 percent, then we're going to be making a mockery of those statements if we don't act upon it already. Chair King: Ms. Quirke. Ms. Quirke Hand: I think that the point -- your point has been well taken, which is this appeal process has been going on for a year while the equipment has had a rope around it, and at some point it has to end. So, the appeal process needs to end. You have -- the administration has heard the voters, has heard the Commission, and they have provided two avenues for you to address this issue. You can either address it through PZ.1 and PZ.2 for just this specific issue or you can address it through PZ.3 because it is your professional planning department's opinion that the City of Miami should not be spending resources to apply for warrants for exercise equipment in public parks. So, there's two avenues, they're both before you and they are recommended by your professional planning staff So, I would encourage you to conclude -- conclude the issue so that we can move forward. Chair King: Sir? Mr. Burton: Thank you. As 1 was stating, this body does not have jurisdiction. So, whether it is a good idea, a bad idea, or otherwise, PZ.1 is the question of should we reconsider the question, and PZ.2 is the actual reconsideration of it. So, to Commissioner Pardo's' question, if this proceeds to PZ.2, we would request a deferral because Mr. Smith and Mr. Kern are not here, and they were going to make the presentation. They're both on work trips that were scheduled in advance of the special meeting. But I can talk about PZ.1 right now. PZ.1, this body lost jurisdiction when the time to appeal expired. I understand at the previous meeting Ms. Quirke explained correctly that the City of Miami cannot appeal certain decisions of the commission because it's the City appealing itself. That may in fact be true, but it's irrelevant to the legal analysis. And to say that the City holds jurisdiction of a quasi-judicial proceeding forever because it cannot appeal affords the City a greater right than anyone else in the city would have. So, the case law to the question that was asked, the seminal case is Mills against Lapis Paint & Company, 125 So. 2d 745, Florida Supreme Court from 1960. And what that court said was it has frequently been held that administrative agencies have inherent or implied power comparable to that City of Miami Page 105 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 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's 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. In the case of Smull, S-M-U-L-L, against the Town of Jupiter, the Fourth District Court of Appeal in 2003 applied this exact situation from Mills against Laris, holding that quasi-judicial determinations made by local governing bodies are subject to those rules. We also cite Reich against the Department of Health, a First District case from 2004, holding that a request to vacate a quasi-judicial determination is untimely if it is filed after the time for a timely notice of appeal has expired. So, the explanation that has been given by the city attorney is that Mason's Legislative Manual would permit reconsideration. It's not true because that applies to legislative enactment, not quasi-judicial determinations where this body is acting as a court subject to possible appeal to the circuit court. And in fact, even if we were applying Mason's, which we are not, Mason's Manual states at Section 461, Subsection 5, when an appeal has been decided and the subject matter of the appeal disposed of it's too late to move to reconsider the vote on the appeal. When there is no appeal taken, this clearly applies. So, to Commissioner Reyes's point, whatever this body, whatever the City may end up doing with the gym equipment by virtue of other mechanism of law or not, one thing that it cannot do because it would set a very dangerous precedent would be to go back and reopen something that is judicially closed, because there is no principled reason why any other quasi-judicial decision could not similarly, be reopened months later or years later. And that would be a very damaging thing for this city to do and would also undermine public faith in governance. So, whatever the City thinks is appropriate, it cannot reopen. Last point, if it were to reopen, if it were to assume jurisdiction that this body does not have, or alternatively, were this timely, which it is not, the Miami 21 Code, the Rules of Evidence that are set forth in this city's code are expressly clear that new evidence may not be considered. What can be considered? A de novo review of what was considered by the PZAB, and to the extent that this body already held a quasi-judicial hearing hack in January, which was eventually deferred several times and decided in May, this hody may not consider new evidence that was not considered by the time the matter became final, which it is. So, the election, which was subsequent, is necessarily excluded. Now, there are reasons, if we go into PZ.2, why the PZAB ruling should be reaffirmed if the -- if this body were to assume jurisdiction, we think illegally. But I'm trying to separate PZ.1 and PZ.2 because they are discrete legal issues. And if this proceeds in PZ.2, we can have that discussion, but for PZ.1 we would request that reconsideration be denied. And if it proceeds to PZ.2, we would request a deferral so that the appellees could be present. Chair King: I'm going to allow Ms. Quirke to speak now. Ms. Quirke Hand: A couple of things to correct for the record quickly. One is an allegation that Mr. Smith did not receive notice. That notice is provided in the backup to the -- that is in the online package, and it shows that he did receive notice by certified mail. That's one thing. So, the fact that he's not here, he is represented by counsel, and therefore, the notice issue is ineffective. The second thing is, as you said, you can always find case law. Every lawyer can find good case law. We would not suggest -- the City would never suggest that you should have a blanket policy of reconsidering quasi-judicial items. However, in exceptionally, exceptionally limited circumstances, the reconsideration may be appropriate if -- if this commission deems so. And in this case, and I think it was noted by Commissioner Carollo, I don't know of any other circumstance where an item has been approved by 80 percent referendum after -- after the quasi-judicial item. So, the quasi-judicial item was considered at a time when this commission was informed that maybe there was a concern by the residents; that turned out to not be the case. In fact, 80 percent of the residents were in favor of the gym equipment and getting the gym equipment open. So, City of Miami Page 106 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 in these exceptionally limited circumstances, Mann versus Department of Professional Regulation, 585 So. 2d 1059, Johnson versus Terty Hunt Construction Company. There are many cases that support the proposition that in exceptionally limited circumstances, this board may reconsider the item. So, I would encourage you to avail yourself of one of the avenues to move forward with the exercise equipment that has been roped off for an entire year. Chair King: I'd like to hear from our city attorney as well, because I believe in my briefing this was our city attorney's path forward to put this item to rest or not. Is that correct, Mr. City Attorney? George Wysong (City Attorney): Yes, and I think Ms. Hand gave a great presentation which is you have two options really. The Robert Frost poem, you walked upon two paths in the forest, and you could choose to choose one path or the road less traveled. PZ.1 and 2 are reconsideration of the item, and as we've said, we believe it's within the jurisdiction and the authority under Mason's and the rules of this procedure -- or the rules of the city commission to move forward with that. However, if you don't want to create a precedent or you're concerned about going so far back with a reconsideration, PZ.3 offers you the opportunity to eliminate the need for PZ.1 and 2, because if you adopt PZ.3, thereby eliminating the requirement for a warrant, then you wouldn't need to reconsider the item. So that -- that is another path, probably the easier path. And to explain why -- and I know Commissioner Reyes, lawyers ruin everything, right? Why are we complicating this issue? We are complicating this issue because the appellee's' counsel has pled in court in the action that is currently pending that the City cannot grant a warrant via the results of the referendum. He has argued to the court that that would be in violation of Florida Statutes which says, an initiative or referendum process in regard to any development order is prohibited. So, while the question was very clear as far as shall the gym equipment remain in the park, there remains a question of this city commission denied the request for a warrant. So, we have that pending issue there. We've got the gym equipment in the park. It can't be removed per 80 percent of the people of Miami's decision. But how do we open it? How do we let people utilize this equipment? How do we remove the fence and let people use it, right? So, those are the two options that we presented. You could either reconsider the item. You don't really need a record because it's just basically, if you reconsider the item, the record travels with this case. You had like three hearings on this, I believe, before you ultimately decided the question on the appeal. So, there's no need for a new hearing. It's not a de novo hearing. It's just basically the city commission reconsidering, not rehearing or it's not a new appeal. It's a reconsideration of the existing appeal with the record that traveled with it from day one. So, your options one and two are to reconsider; option three is to change the Code to no longer require a warrant for gym equipment in a park, and that would obviate the need for one and two, arguably. So, those are your choices. Vice Chair Carollo: Madam -- Chair King: Commissioner Gabela. Commissioner Gabela: Okay, so the way I see this is, look, one and two gets you there, PZ.3 gets you there also. Mr. Wysong: Right. Commissioner Gabela: One and two, you're going through the warrant system. Three, we eliminate it. I think we should do PZ.3 if we're going to do it. That eliminates all the lawsuits. Mr. Wysong: Right. City of Miami Page 107 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Commissioner Gabela: You know, and do it that way. If we're going to do it -- my humble opinion, you know. And Commissioner Pardo, you put on a brave fight, you know. But at some point, I agree with the Chairwoman that we've got to put this to rest. That's all I'm saying. And I voted for you the first time, by the way. You know, I heard what you had to say, but you know -- you know, and Carollo, you might have outwitted you people, you know, but that's a fact of life, and that's what happened. You know, and the people spoke, so, you know -- and, you know, I agree, we can't go - - so I'm -- to be honest, I'm ready to vote on PZ.3. Mr. Burton: May I? Chair King: Commissioner -- hold. Commissioner Pardo. Commissioner Pardo: Thank you, Madam Chair. I am in a very unique and difficult position. I am really, really not a pig-headed person. But my office is dealing with these issues constantly. At forums, emails, people come and visit, and they bring stuff like this petition with 764 people after we took out anybody that didn't live in Miami, of people who do not agree with what's happening at that park. The question that went on the ballot did not include the residents' perspective, so the residents sued. That lawsuit is still working its way through the court. The most logical thing to do and respecting the residents in the process is to defer these until that settles. I'm the first to say whatever the court rules, I'm with it. I'm done. I agree. We did what we could. But I think it's fair to have a judge review a question that never even talked about the residents, never even considered the struggle, because remember, the residents have been doing this for a year and a half Forget how many people showed up to PZAB. It was tens of people that showed up to PZAB. We've had chambers at times filled with this issue, and it's all because all of this is happening in District 2, but I can't do anything for them other than argue here, you know, make their case. That's the only reason I'm going through all this. Chair King: I hear you, and I agree with Commissioner Gabela that we probably should go with PZ.3. Just -- hold on a second, sir. We should go with PZ.3 because again, and my position has always been, it's not been a secret, I do not consider this park a district park. I consider it a regional park. I consider it a park for the entirety of the city of Miami, as does -- as has prior my colleagues before me. They've all considered this park a regional park. So, I'm ready to move forward. I've heard enough. I'm going to take my advice from the city attorney. Do I need to have any more comments from the attorney? Mr. Burton: May I respond? Chair King: Hold on a second. Mr. Wysong: He's had an opportunity. I'm always nervous about foreclosing someone the opportunity to speak in a forum like this. Chair King: Right. That's why I'm asking for your -- Mr. Wysong: Give him a two -minute summary and then we'll be done. Chair King: Okay. Two -minute summary, sir. Mr. Burton: Okay. Officially, we're talking about PZ.1, but there's been discussion about PZ.3. I'll admit I'm learning about PZ.3 as I'm standing here, but if I'm correct in my understanding from listening that PZ.3 would eliminate altogether the requirement for a warrant for a recreational facility in a civic space, that is incredibly City of Miami Page 108 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 short-sighted and bad policy, and it would violate the 2008 master plan, the 2023 parks plan. It would violate the comprehensive plan. It would violate all of those things. And one thing that I would like to say, the 2023 plan, which does not specifically address Maurice Ferre Park, it addresses most parks but not Maurice Ferre Park, because Maurice Ferre Park is a special -use park under the 2023 plan. But there's other designations of parks in the 2023 plan, including a mini park, a neighborhood park, a community park, a linear park, and a school park, which all contemplate exercise equipment. Theres additional types of parks, special -use I mentioned, which are dependent on what the reasons are, why they are special. There's also undeveloped parks and green spots, which do not contemplate exercise equipment. If the commission passes PZ.3 as an end -around to PZ.1 and PZ.2, it will open a worse Pandora's box than even the reconsideration because now there's no reason why any green space can't have a basketball court or can't have any recreational facility that you can think of So, I would strongly discourage. Chair King: Ms. Quirke? And I'd like to hear from the Parks director, because I did ask that question, and I was told, and I'd like to have it for the record, that gym equipment is part of the parks master plan. But let's hear it from the Parks director. Ms. Quirke, you can rebut what he just said. Mr. Quirke Hand: I think that the position is the same, and I defer to your professional planning staff on what is appropriate in parks. You know, you have a Parks director, you have professional planning staff who have made a professional recommendation that it is appropriate to have exercise equipment and recreational facilities in public parks. Chair King: Director? Chris Evans: Hello, good afternoon. Chris Evans, Parks and Recreation director. Yes, in the master plan it is contemplated to have exercise equipment as part of features to parks and recreation to enhance outdoor recreation as well. We have four fitness centers throughout the city. Indoor, hut it does recommend having outdoor facilities as well. Chair King: Which is what I received. So, outdoor equipment in parks does not run afoul of our parks master plan. Mr. Burton: Respectfully -- Chair King: But I -- I heard what you said. I don't want to keep going back and forth. I'm going to allow my colleagues one more flush and if 1 can have a motion for PZ.3. Vice Chair Carollo: Before you get the motion, I have to withdraw the motion that I made that wasn't second. So, let me withdraw that motion. [Later...] George Wysong (City Attorney): And then I recommend a deferral of PZ.1 and 2 to October 24th. Commissioner Gabela: Motion to defer. Vice Chair Carollo: A motion for deferral. Chair King: So, I've got a motion, second. All in favor? The Commission (Collectively): Aye. City of Miami Page 109 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Chair King: Everyone lives to fight another day. Vice Chair Carollo: Mr. City Attorney? Mr. Wysong: Yes, sir? Vice Chair Carollo: Who has been representing us in the lawsuit that's been filed? Mr. Wysong: By the opponents of the gym equipment in the park? Vice Chair Carollo: Yes. Mr. Wysong: The -- Amanda has been -- Ms. Hand has been representing the City's issues in that litigation. Vice Chair Carollo: Okay. Mr. Wysong: Well, that's partially true. Ms. Hand is special counsel for the -- the appeal of the gym equipment. In our office, we have internally been handling the litigation and Eric Eves, I believe is on -- Vice Chair Carollo: My direct question is, she's an outside counsel, correct? Mr. Wysong: She is outside counsel for the gym equipment only. Vice Chair Carollo: Right, but -- Amanda Quirke Hand: Only as to the public matter. Vice Chair Carollo: Right. Mr. Quirke Hand: This. Yes. Vice Chair Carollo: But to the lawsuit part, no. Mr. Wysong: That's being handled my office and my attorneys. Vice Chair Carollo: Alright. Then you are going to have to reconsider if this lawsuit, they want to go forward more with the money from the PAC (Political Action Committee) and by the way, Mr. Manager, put a little discussion item so that 1 could enlighten people to show how the money runs and who does what and how things have been done for those that claim that they came here to fight corruption and have full transparency. But we have a little problem. Maybe you all didn't hear me loud enough, so let me speak a little louder so I can be heard. Mr. Pardo was the one that pushed the idea of the lawsuit. Mr. Pardo was the one that stated that he would have a PAC and raise some money. Mr. Pardo was the one that raised the money for the PAC. Therefore, Mr. Pardo needs to be deposed along with some of his other proxies, and the City will have a conflict of interest if you're going to depose Mr. Pardo. So, if this is going to go forward anymore, you need to come to this commission so we can have a discussion. And I want to show what we have to show the games that are being played. And my God, even till today, he's still saying, the residents, the residents. You have one resident that showed up today. In the other meetings, you had five, maybe six. The 80 percent that voted for this, they don't count. They're nobodies. They're not residents. This is so outrageous. But having said that, if the City Manager could put a discussion item for me next week on the agenda, if it's not too late. If not, I will have to put it on the one following that. And if the City Attorney's Office could keep this City of Miami Page 110 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 PZ.2 15113 Department of Planning commission apprised on what Mr. Pardo's attorney -- I'm sorry, the resident's attorney is going to do next, because Mr. Pardo needs to be deposed. And that smirk on his face, it ain't going to be there when he's deposed and the truth has to come out. 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: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item PZ.2 was deferred to the October 24, 2024, Citj Commission Meeting. Note for the Record: For minutes referencing Item PZ.2, please see "Public Comments for All Item(s)" and Item PZ.1. City of Miami Page 111 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 PZ.3 ORDINANCE First Reading 16687 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 3 OF THE MIAMI 21 CODE, TITLED "STANDARDS AND TABLES/BUILDING FUNCTION: USES," TO PERMIT RECREATIONAL FACILITY USES AND COMMUNITY FACILITY USES IN "CS" CIVIC SPACE TRANSECT ZONES BY RIGHT AND TO AMEND ARTICLE 10, SPECIFICALLY SECTION 10.1.4, TITLED "GENERAL REQUIREMENTS," AND TABLE 15, TITLED "SPECIFIC SIGN DESIGN STANDARDS (C)," TO ALLOW FOR CERTAIN ILLUMINATED SIGNS IN "CS" CIVIC SPACE TRANSECT ZONE BY RIGHT; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Okay, I have all of my colleagues here. I'm going to reopen the City of Miami Commission meeting for October 15th, 2024. Welcome back, everybody. We left off with our Planning and Zoning items. Mr. City Attorney, would you read into the record the title? George Wysong (City Attorney): PZ.3, right? Chair King: Yes, that's the only one that requires you to read the title. Mr. Wysong: PZ.3. The Ordinance was read by title into the public record by the City Attorney. Chair King: Thank you. I'm going to entertain -- are there any items that we'd like to pull to discuss? And I know we have to take this one by one. We can't group these items. Commissioner Reyes; Sure. IfI may, I -- Chair King: Commissioner Reyes. Commissioner Reyes: We -- we talked about specifying the signs. Remember, Mr. City Attorney, we specified the signs and there were a couple of exceptions. Mr. Wysong: Right, so -- Commissioner Reyes: I didn't hear you say anything about that. Mr. Wysong: So, we're talking about PZ.3, and during our briefing, you expressed concern about a portion relating to signs. And so -- City of Miami Page 112 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Commissioner Reyes: That's right. Mr. Wysong: -- the Planning Department provided some alternative language. Commissioner Reyes: Yes. Mr. Wysong: Now, I just want to give the Commission the choice, and you, Commissioner, the choice. The signs that are referenced in the ordinance are -- they're already in Miami 21 Code. The warrant requirement was just to allow the signs to be illuminated, to have a light on the sign. Commissioner Reyes: But what I said was -- Mr. Wysong: But if -- Commissioner Reyes: -- from the ground up. Mr. Wysong: From the ground up, right. Commissioner Reyes: Okay, that size was specifically from the ground up, you see. And I don't know ifI asked you and you said that you were going to include it. Mr. Wysong: Right, so -- Commissioner Reyes: If the other -- the other commissioners or the -- Mr. Wysong: So, what we did was we -- or the Planning staff distributed a version that removes all of the sign language if you want -- Commissioner Reyes: Okay. Mr. Wysong: -- and then that way the administration can come hack and robustly look at all the signs for parks and stuff like that. Commissioner Reyes: Okay. Mr. Wysong: So, the choice is to include it knowing that its just a warrant to illuminate the sign or to take it out if it causes too much confusion. It's totally up to you. Commissioner Reyes: And how about the exception of museums and libraries? Mr. Wysong: Yes, so I'll let the Planning director. David Snow (Director, Planning): Through the Chair. So, David Snow with the Planning Department. So, we have updated that language so there's now supplemental requirements for if you're doing a museum Commissioner Reyes: That's right. Mr. Snow: -- or a library, that that will still be a warrant process. Conmaissioner Reyes: Absolutely, they have to come through a warrant. Not by right. That's what I'm saying. Okay, okay. Okay, fine. Chair King: So -- City of Miami Page 113 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Commissioner Gabela: Can 1 -- Chair King: So, hold on. You have a question? Because 1 wanted to go in order, PZ.1, PZ.2, PZ.3. Which, Commissioner Gabela, which one -- you had a question on PZ.3? Commissioner Gabela: No, no, no. I got a question on PZ.3. Chair King: While we were speaking about it, go ahead, because we already started on PZ.3. Commissioner Gabela: May I proceed? Chair King: Please. Commissioner Gabela: Okay. So, to be clear, is this only about the sign or -- I wasn 't -- I didn't attend the -- Mr. Wysong: Right, the briefing. Commissioner Gabela: -- briefing as you guys know, but you know -- so this doesn't have to do with the gym equipment, does it? Mr. Wysong: So, this has to do with recreational equipment -- Commissioner Gabela: Oh, so the gym equipment. Mr. Wysong: -- so this makes recreational equipment -- Commissioner Gabela: Okay, so how did that wind up here, the -- the sign stuff? Mr. Wysong: So, when we were looking at a way to change the code, the idea was there were different things because the issue was presented to the administration is why does the City need to request warrants. for things that slows up the creation of parks and stuff like that. So, the administration looked at the CS (Civic Space) Chart, Article 3, Table 4, and looked at what those items are that require a warrant versus by right. Those items were recreational facilities as well as community facilities. And then in other conversations with your colleagues, there was a notion that it's too difficult to light a sign in a city park as well so could we remove that warrant requirement. So, those were the three things that were focused on and that's how that ordinance -- it was intended to be more comprehensive as an ordinance. Commissioner Gabela: Okay, thank you. Okay, I'm done with my questions. Commissioner Pardo: Madam Chair? Chair King: Commissioner Pardo. Commissioner Pardo: In our briefing, we didn't talk about recreational facilities and community facilities, so I'm not sure how that factors in with the master plan and if it's something that would not have allowed the residents to move forward with the gym equipment. I wouldn't be supporting it, but I don't know enough. So, I -- if we can defer this item and I could have a little more time to vet it, I would be appreciative. Chair King: I'm sorry, Todd was speaking. What did you just say? City of Miami Page 114 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Commissioner Pardo: 1 was asking if we could possibly defer this just because 1 really haven't had time to kind of vet it or look at the master plan. Chair King: PZ.3? Commissioner Pardo: PZ.3. Vice Chair Carollo: We all had the opportunity to be briefed at it by the administration. That's where the questions should have come in. But from what I'm seeing, we're ready to move on this. Commissioner Pardo: Madam Chair, I would just clarify since you didn't hear the whole thing. In our briefing, we didn't talk about recreational facilities and community facilities. And if this is something that would impact something like the gvm warrant that had come up, where residents didn't have any other way to express, you know, that opinion, then I would want to take a closer look. And just didn't -- in our briefing, it didn't come up. Chair King: Okay. So, can we take PZ.1 and then we work our way down? Mr. Wysong: I would recommend that you do PZ.3 first because PZ.3 could determine whether and when PZ.1 and 2 are -- Vice Chair Carollo: I'll put the motion for PZ.3. Chair King: Hold on. Hold on. Hold on. Okay, there's a request to defer PZ.3. Vice Chair Carollo: There's a motion -- Chair King: Okay. A motion -- Vice Chair Carollo: -- on PZ.3. Chair King: -- to defer PZ.3. Vice Chair Carollo: No. Chair King: No? What's the motion? Vice Chair Carollo: To move forward. The motion is to approve the ordinance on first reading on PZ.3. Chair King: Do 1 have a second? Commissioner Gabela: So, let me -- from my standpoint, let me be clear. Okay, I was not in the briefing. I did not -- it's the only briefing that I have not attended since I was in -- since I was put into office in December 2nd, because I did not attend and we were having one of those Zoom things, which I personally don't like anyway, but I couldn't attend, and then -- Mr. Wysong: Plus, it was on the eve of a hurricane, right? Commissioner Gabela: Yeah, exactly. You know, I've made my comments where on the gym equipment fiasco here that you gentlemen, you know, let's come out and say it, have a problem with both. I have already said that in the beginning I was on your side, that, you know, it should be -- and then it was put to a referendum, I think the people spoke, I think we got to honor what the people said, you know so, I'm -- but City of Miami Page 115 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 however, if Commissioner Pardo says he's got to look at it again, you know what 1 mean, 1 will give you the benefit of the doubt, at least on that side, but 1 will, on this, I will be voting yes to finish with the gym equipment and let's have it installed because it was put to a referendum and the people spoke. That's my two cents. So, that's where I'm at, but I'm willing to, you know, defer it to give you -- Commissioner Pardo: This wouldn't defer it, this vote. Vice Chair Carollo: Okay. So, I will take my motion out. [Later...) Vice Chair Carollo: And now I'll make a new motion for Chair King: Do I have a second? Commissioner Gabela: Let's put an end to this. Second. Chair King: So, I have a motion and a second. All in favor? Commissioner Gabela: Aye. Vice Chair Carollo: Aye. Chair King: Aye. Commissioner Pardo: No. Chair King: That's 4 to 1. Todd B. Hannon (City Clerk): With Commissioner Pardo voting no. George Wvsong (City Attorney): And then may, --? Commissioner Reyes: (INAUDIBLE). Chair King: This is first reading. Mr. Wysong: First reading. Mr. Hannon: As is. Chair King: As is. Commissioner Pardo: Oh, you know what, I'll change my vote on that. I'll support it because it gives me time before second. Chair King: Okay. So that's unanimous. Mr. Hannon: Unanimous. 5-0. Chair King: Unanimous. Mr. Hannon: As is. Chair King: 5-0 as is. City of Miami Page 116 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 END OF PLANNING AND ZONING ITEM(S) City of Miami Page 117 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 FL - FUTURE LEGISLATION FL.1 ORDINANCE 16683 Department of Human Services FL.2 16550 City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION DELETING REFERENCES TO THE COMMUNITY RELATIONS BOARD FROM CHAPTER 2/ARTICLE XI/DIVISION 2/SECTION 2-892 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY/"SUNSET" REVIEW OF BOARDS"; FURTHER REPEALING, IN ITS ENTIRETY, CHAPTER 2/ARTICLE XI/DIVISION 12 OF THE CITY CODE, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/COMMUNITY RELATIONS BOARD," THEREBY SUNSETTING THE COMMUNITY RELATIONS BOARD AND DELETING ALL REFERENCES THERETO; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item FL.1, please see "Order of the Day." ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/DEPARTMENTS" TO BE CONSISTENT WITH CURRENT PRACTICES AND DEPARTMENTAL UPDATES BY AMENDING DIVISION 9, TITLED "COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT," TO BE TITLED "HOUSING AND COMMUNITY DEVELOPMENT"; FURTHER AMENDING DIVISION 13, TITLED "RESERVED," TO ADD SECTIONS 2-526 TO 2-528, THEREBY ESTABLISHING "THE DEPARTMENT OF ECONOMIC INNOVATION AND DEVELOPMENT"; FURTHER AMENDING DIVISION 14, TITLED "PERSONNEL MANAGEMENT DEPARTMENT," TO BE TITLED "HUMAN RESOURCES"; FURTHER AMENDING DIVISION 16, TITLED "MIAMI OFFICE OF SUSTAINABLE INITIATIVES" TO BE TITLED "RESILIENCE AND SUSTAINABILITY"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Chair King: The next item I'm going to bring to the attention is future legislation, FL.2, Chapter 2, Administration and Departments. City of Miami Page 118 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 Todd B. Hannon (City Clerk): Oh, Chair, that's, just there for notification. Chair King: 1 know, but I just wanted to say it out loud. It's there for notification, butt wanted to say it out loud. Then we -- Commissioner Gabela: That's the last one? Chair King: No. Then we have now discussion Bayfront Park Management Trust. Do we -- Commissioner Gabela: I'm sorry. I'm sorry to interrupt, but the FL.2. Chair King: Yeah, that was just a notice, announcement. Commissioner Gabela: Okay. Alright. Vice Chair Carollo: Excuse me? Chair King: The future legislation, too. It's just an announcement that may be coming in the future. Vice Chair Carollo: I don't understand. Commissioner Reyes: (INAUDIBLE). Chair King: No, no, no, it doesn't -- I just announced it. Commissioner Gabela: Yeah, that's what I meant. We don't have to vote. Chair King: No, no, no, no. It doesn't require a vote. It's just -- it's just notice to the public that this may come at some point in the future. Commissioner Gabela: Thank you. END OF FUTURE LEGISLATION City of Miami Page 119 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 NA.1 16795 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS TO DESIGNATE THE WEST FLAGLER BRANCH LIBRARY LOCATED AT 5050 WEST FLAGLER STREET, MIAMI, FLORIDA AS AN EARLY VOTING SITE FOR THE NOVEMBER 5, 2024 GENERAL ELECTION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. ENACTMENT NUMBER: R-24-0391 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Do we have any pocket items? Commissioner Reyes: Yes, ma'am. Chair King: Commissioner Reyes. Commissioner Reyes: Do you have it? (UNINTELLIGIBLE). Thank you, sir. (UNINTELLIGIBLE). Chair King: Commissioner Reyes, if you could explain this pocket item. George Wysong (City Attorney): You want me to read the --? Chair King: Oh, okay, hold on. The City Attorney will read it for us. Commissioner Reyes: That's right. Mr. Wysong: I'll just go ahead and read the title. Pocket item. The Resolution was read by title into the public record by the City Attorney. Commissioner Gabela: Second. Motion. Chair King: I have a motion and a second. Commissioner Reyes: Thanks. I want to explain, ill may. That library has always been an early voting. And you know that most of the people from Flagami, they go vote there. And I don't know why they got it out. Vice Chair Carollo: Well, you know why. Commissioner Reyes: Well, I know, I know why, because they don't want the people of Miami to be voting. But that is -- it is --1 think it's an injustice, and that's why this resolution, I presented this resolution. Thank you. City of Miami Page 120 Printed on 12/3/2024 City Commission Meeting Minutes October 15, 2024 ADJOURNED Chair King: Okay. Commissioner Reyes: Thank you for your support. Chair King: For -- I read the resolution. My only concern is because we are so close to early voting already, I don't know if this is -- I think the time sensitivity of it -- Commissioner Reyes: Yes, I understand that. Chair King: -- may not be -- okay, but well vote on it. Commissioner Reyes: Yes. Chair King: So, it's open for public comment. Commissioner Reyes: But at least we have -- we want to let them know that we are not going to be -- Chair King: Yes. Commissioner Reyes: -- taking it sit down. Chair King: Okay, so it's open for public comment. All right. And at this time, I'm going to open -- Todd B. Hannon (City Clerk): Chair, so you opened it up for public comment. This is just for NA.1. You're going to close your public comment for just NA.1. And I have Commissioner Reyes and Commissioner Gabela as the seconder, and we just need a vote. Chair King: All in favor? The Commission (Collectively): Aye. The meeting adjourned at 4:49 p.m. City of Miami Page 121 Printed on 12/3/2024