HomeMy WebLinkAboutCC 2021-03-11 MinutesCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
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Meeting Minutes
Thursday, March 11, 2021
9:00 AM
City Commission Meeting
City Hall
City Commission
Francis X. Suarez, Mayor
Ken Russell, Vice Chair, District Two
Alex Diaz de la Portilla, Commissioner, District One
Joe Carollo, Commissioner, District Three
Manolo Reyes, Commissioner, District Four
Jeffrey Watson, Commissioner, District Five
Arthur Noriega, V, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
City Commission
Meeting Minutes March 11, 2021
9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Vice Chair Russell, Commissioner Diaz de la Portilla, Commissioner Carollo and
Commissioner Reyes
Absent: Commissioner Watson
On the Ilth day of March 2021, the City Commission of the City of Miami, Florida, met at
its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular
session. The Commission Meeting was called to order by Vice Chair Russell at 9:45 a.m.,
recessed at 11:58 a.m., reconvened at 4:31 p.m., and adjourned at 6:31 p.m.
Note for the Record: Commissioner Carollo entered the Commission chambers at 9:55 a.m.
ALSO PRESENT:
Arthur Noriega, V, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
Vice Chair Russell: Good morning, everyone. Welcome to the March 11 th, 2021, meeting of
the City of Miami Commission, in these historic chambers. Procedures for the public meeting
will be explained by the City Attorney shortly. Procedures for the swearing -in of parties for
the planning and zoning and quasi-judicial items will be explained by the City Clerk. The
members of the City Commission appearing for this meeting are Alex Diaz de la Portilla, Joe
Carollo, Manolo Reyes, Jeffrey Watson, and me, Ken Russell, your Vice Chair. Also
appearing are City Manager, Arthur Noriega, City Attorney, Victoria Mendez, and City Clerk,
Todd Hannon. The meeting will be opened with a prayer by Commissioner Reyes, as well as
the pledge of allegiance led by Commissioner Diaz de la Portilla. Please stand.
Invocation and pledge of allegiance.
Vice Chair Russell: Thank you very much.
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Meeting Minutes
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PART A - NON -PLANNING AND ZONING ITEM(S)
PR - PRESENTATIONS AND PROCLAMATIONS
PR.1
8765
PROTOCOL ITEM
Honoree
Presenter
Protocol Item
Members of the Community Advisory Board
Mayor Suarez
Certificate of Merit
ORDER OF THE DAY
RESULT:
PRESENTED
Vice Chair Russell: We'll now break for proclamations.
Commissioner Reyes: Yes. We have.
Presentations made.
1) Mayor Suarez and City Commissioners recognized the service and actions of the
members of the Community Advisory Board for their participation in providing
feedback on policies and practices pertaining to the use of deadly force to the City of
Miami Police Department and to the Independent Reviewer; furthermore, expressing
confidence that each member will continue to excel and serve the City of Miami with
distinction.
Vice Chair Russell: Madam City Attorney, please state the procedures to be
followed during this meeting.
Victoria Mendez (City Attorney): Thank you. Any person who is a lobbyist pursuant
to Chapter 2, Article VI 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 at the City
Clerk's office or online at www.municode.com. Any person making a presentation,
formal request, or petition to the City Commission concerning real property must
make the appropriate disclosures required by the City Code in writing. A copy of
this code section is available at the office of the City Clerk or online at
www.municode.com. The City of Miami requires anyone requesting action by the
City Commission must disclose before the hearing, any consideration provided --
committed to anyone for agreement to support or withhold such action pursuant to
City Code Section 2-8. Any documents offered to the City Commissioners that have
not been provided seven days before the meeting as part of the agenda materials will
be entered into the record at the City Commission's discretion. In accordance to
Section 233(f) and (g) of the City Code, the agenda -- the material for each iteni on
the agenda is available during business hours at the City Clerk's office and online,
24-hours a day, at www.miamigov.com. Any person may be heard through the Chair
upon registering pursuant to a published notice for not more than two minutes on
any proposition before the City Commission unless modified by the Chair. Members
of the public may call 305-250-5454 to speak directly to the City Commission on
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agenda items to be heard at this meeting. Public comment will begin approximately
at 10:00 a.m. and remain open until public comment is closed by the chairperson.
Members of the public wishing to address the body may also do so by submitting
written comments via the online comment form. Please visit
www.miamigov.corn/meetinginstructions for detailed instructions on how to provide
public comment using the public comment form. The comments submitted through
the comment form will be distributed to the elected officials and the City
administration throughout the meetings so that the elected officials can consider the
comments prior to making any action. Additionally, the online comment form will
remain open during the meeting to accept comments and distribute it to the elected
officials up until the chairperson closes the public comment. All comments submitted
will be included as part of the public record for this meeting and will be considered
by the City Commission prior to any action taken. Public comment may also be
provided live at City Hall located at 3500 Pan American Drive, Miami, Florida,
subject to all COVID regulations, rules, and procedures. Speakers who appear in
person will be subject to screening for symptoms of COVID-19. Any persons
exhibiting those symptoms will not be permitted into City Hall. All interested
persons are required to abide by all state, county, and local emergency orders and
are urged to practice social distancing. 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 his or her name, his or her
address, and what item will be spoken about. Any person with a disability requiring
assistance, auxiliary aids, and services for this meeting may notes the City Clerk.
Section 286.0114(4)(c), Florida Statutes, specifically authorizes the City to prescribe
procedures or forms for an individual to use in order to inform the Board or
Commissioner of the desire to be heard, to indicate his or her support, opposition or
neutrality on a proposition. The city, through its multiple comment options, has
provided different methods to indicate among other things, a public support,
opposition, or neutrality on the items and topics to be discussed at City Commission
meeting. The public has been given the opportunity to provide public comment
during the meeting and within reasonable proximity in time before the meeting.
Please, note Commissioners have generally, been briefed by City staff and the City
Attorney on items on the agenda today. Anyone wishing to appeal any decision
made by the City Commission for any matter considered at this meeting may need a
verbatim record of the item. A video of this meeting may be requested at the office of
communications or viewed online at www.miamigov.com. PZ (Planning and Zoning)
items shall proceed according to section 7.1.4 of the Miami 21 Zoning Ordinance as
temporarily modified pursuant to Emergency Ordinance Numbers: 13903 and
13914. Pursuant to those emergency ordinances, parties for any PZ items, including
any applicant, appellant, appellee, City staff any person recognized by the decision -
making body as a qualified intervenor, as well as the applicant's representatives or
any experts testifying on behalf of the applicant, appellant, or appellee may either be
physically present at City Hall to be sworn in by oath or affirmation by the City
Clerk or may appear virtually and make arrangements to be sworn in by oath or
affirmation in person at their location by an individual qualified to perform such
duty. Pursuant to Emergency Ordinance Number 13903, members of the general
public who are not parties to the action pending before the City Commission are not
required to be sworn in by oath or affirmation. The members of the City
Commission shall disclose any ex parte communications pursuant to Florida Statute
286.0115, and section 7.1.4.5 of the Miami 21 Zoning Ordinance. Staff will briefly
present each item to be heard for applications requiring City Commission approval.
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
with its deliberation and decision. The applicant may also waive the right to an
evidentiary hearing on the record. The order of presentation shall be as set forth in
Miami 21 and the City Code, providing the appellant shall present first. The
appellant will present its appeal to the City Commission, followed by the appellee.
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Staff will be followed -- will be allowed to make any reconznzendations they may,
have. Please silence all cellphones and other noise -making devices. This meeting
can be viewed live on Miami TV, miamigov.com -- TV, the city's Facebook page,
Facebook.com, city of miamigov [sic], the City's Periscope channel on Twitter.com,
City of Miami, and the Citv's YouTube channel, and Comcast, Channel 77, for the
City of Miami. The broadcasts will also have closed captioning. Thank you.
Vice Chair Russell: Thank you. Mr. Clerk, if you could read the procedures for the
swearing -in.
Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals
who are providing testimony to be sworn in for planning and zoning items and quasi
-- 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.
Pursuant to Emergency Ordinance Number 13903, those individuals appearing
remotely may be sworn at their location by an individual qualified to administer the
oath. After you are sworn in, please be sure to complete, sign, and notarize the
affidavit provided to you by the City Attorney's Office. Each individual who will be -
- who will provide testimony, must he sworn in and execute an affidavit. Please e-
mail a scanned version of the signed affidavit to the City Clerk at
thannon@miamigov.com prior to providing testimony on the planning and zoning
item and/or quasi-judicial item. The affiant shall be included in the record for the
relevant item for which you will be providing testimony. Commissioners, are you
comfortable with all the notice provisions set forth and these uniform rules and
procedures we've established for this meeting?
Vice Chair Russell: Yes.
Commissioner Diaz de la Portilla: Yes.
Mr. Hannon: Chair, may I administer the oath to speakers that will be here to
provide testimony on planning and zoning items.
Vice Chair Russell: Thank you, Mr. Clerk. Yes.
Mr. Hannon: Good morning, ladies and gentlemen. If you will be speaking on any
of today's planning and zoning items, if you're speaking on any of today's planning
and zoning 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.
Vice Chair Russell.: Thank you very much.
[Later...]
Vice Chair Russell: Before we go to public comment, I'd like to take up the order of
the day, so if the Commissioners could join me, I'm sure you'll want to follow along
with the administration on which items we are continuing and deferring. Mr. Clerk,
I believe we received a memo from Commissioner Watson who is absent today,
recovering from illness?
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Todd B. Hannon (City Clerk): Yes, sir. That is correct, Chair.
Vice Chair Russell: And in that memo, he's requested some deferrals, 1 believe.
Mr. Hannon: Yes, sir.
Vice Chair Russell: Would you list those, please?
Mr. Hannon: Yes, sir. The items that I've been notified of are SR.1 (Second
Reading), SR.2, SR.3, PZ.2 (Planning and Zoning), PZ.3, PZ.4, RE.5 (Resolution),
and RE.6.
Vice Chair Russell: Thank you very much. And for those following along at home,
that is a request for deferral of all of the NRD-2 (Neighborhood Revitalization
District) items with regard to Wynwood Norte, all of the items with regard to
gambling, including the shade meeting and --
Commissioner Carollo: And Commissioner --
Vice Chair Russell: -- I believe that's it.
Commissioner Carollo: -- if I can include in that --
Vice Chair Russell: Yes, sir.
Commissioner Carollo: -- one item that I would like for Commissioner Watson to be
present, PH.1 (Public Hearing). There's no rush on this item.
Vice Chair Russell: Agreed. So it's a request for deferral, and all of these items,
we'll defer to the next meeting, March 25th, please.
Mr. Hannon: Yes, sir.
Vice Chair Russell: Mr. Manager, what items would the administration like to see
withdrawn, deferred, or continued?
Arthur Noriega (City Manager): Commissioner, I think you've covered them all.
Maybe we reread them one more time just to make sure.
Vice Chair Russell: Sure. We've got PH.1. I'll go in the order of -- that they're on
the on the --
Mr. Noriega: Yeah.
Vice Chair Russell: -- plasma on the agenda. PH.1, RE.5, RE.6, SR.1, which is
fence requirements, SR.2, SR.3, PZ.2, PZ.3, and PZ.4.
Mr. Noriega: Okay. There are two additional items.
Vice Chair Russell: Yes.
Mr. Noriega: AC.1 (Attorney -Client Sessions) to be withdrawn and PZ.1 to be
indefinitely deferred.
Commissioner Carollo: Which are those again, H?
Vice Chair Russell: AC.1 --
Mr. Noriega: AC.1, which is the attorney -client session, and PZ.1, which is to be
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indefinitely deferred.
Commissioner Carollo: Okay.
Vice Chair Russell: PZ.I is indefinite deferral. Now, the attorney -client session, the
shade meeting, should we be withdrawing that or it can we simply defer that?
Because we would need to re -notice that from scratch if we wanted to have that at
the next meeting.
Victoria Mendez (City Attorney): So, AC.1, which is the Cuesta, West Flagler
matters, that will not be able to happen. So it's just being withdrawn totally.
Vice Chair Russell: When you say it won't be able to -- the shade meeting won't be
able to happen?
Ms. Mendez: Correct. The case is still closed.
Vice Chair Russell: But could it be reopened between now and the next Commission
meeting?
M. Mendez: I don't think we'll be able to reopen. I think we received an order
saying we -- it's not going to be opened.
Vice Chair Russell: Got it. I just wanted to keep options open in case there is an
opportunity for the Commission to meet in shade on this item.
Ms. Mendez: Yeah. It doesn't --
Vice Chair Russell: You want us to not have it noticed?
Ms. Mendez: Right. It doesn't look like it's going to happen because the case
remains closed.
Vice Chair Russell: Commissioner, you're recognized.
Commissioner Reyes: If we are going to have a shade, I think that we should have
Commissioner Watson.
Vice Chair Russell.: We're not having it today, but the --
Commissioner Reyes: Okay.
Vice Chair Russell: -- question is whether to withdraw it so it doesn't exist anymore
Commissioner Reyes: Oh, okay. Okay.
Vice Chair Russell: -- or reset it for another meeting in case the opportunity arises.
Commissioner Reyes: I got -- I stand corrected.
Vice Chair Russell: You know, I mean, there's a possibility we -- there is a potential
settlement to be had. I just want us to have the ability to meet in shade if' that is
legally available to us.
Ms. Mendez: As of this moment, it's not available.
Vice Chair Russell: Okay. So it's a request to withdraw AC.1 ?
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Ms. Mendez: Correct. And then -- but I just wanted to clarify AC.2, which is the
client session on Chalks that is --
Vice Chair Russell: Yes.
Ms. Mendez: -- still on the --
Vice Chair Russell: Yes.
Ms. Mendez: -- agenda jbr today.
Vice Chair Russell: That's not set for any specific time at this point, is it?
Ms. Mendez: No. After 2:00.
Vice Chair Russell: Does it have to be after 2:00?
Ms. Mendez: That's when our court reporter is coming because we normally do it
later on in the day.
Vice Chair Russell: All right. I was working to be done by noon, but all right. So
we won't time -certain that but it looks like we'll have a court reporter after lunch, so
we'll potentially take up AC.2 at that time.
Commissioner Carollo: Commissioner?
Vice Chair Russell: You're recognized.
Commissioner Carollo: I have to leave exactly at noon. So Pm just letting it be
known.
Vice Chair Russell: Will you be back for the afternoon?
Commissioner Carollo: Yes.
Vice Chair Russell: Okay.
Commissioner Carollo: I'll be back in the afternoon, but 1 have to leave exactly at
noon.
Vice Chair Russell: No worries. We will get some business done before then. Are
there any other items to be withdrawn, deferred, or continued? Let me just mark
these. It's already done. PH.1 is also deferred until the 25th. All right.
Commissioner Reyes: PH.1 is withdrawn?
Vice Chair Russell: As -- it is deferred until March 25th, PH.1.
Commissioner Reyes: Okay.
Vice Chair Russell: So that we have Commissioner Watson and a full dais to --
Commissioner Reyes: That's right.
Vice Chair Russell: -- take it up. I believe that's it. All right. Are there no further
items? Everyone's clear? All in favor of the order of the day say, aye.
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Mr. Hannon: I'm sorry, is there a motion?
Vice Chair Russell: Is there a motion to accept the --
Commissioner Reyes: I motion.
Vice Chair Russell: Motion by Commissioner Reyes, seconded by the Chair. All in
favor say, "aye."
Commissioner Reyes: Aye.
Vice Chair Russell: Motion passes. Thank you very much.
PUBLIC COMMENTS FOR ALL ITEM(S)
8741 DISCUSSION ITEM
Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE
Clerk PUBLIC FOR THE MARCH 11, 2021 CITY COMMISSION MEETING.
RESULT: PRESENTED
Vice Chair Russell: We will move now to public comment. And we have some
people on the phone. We have some people here. We'd appreciate if you can hold
your public comments on any of the deferred items until we take up those items at the
following meeting. 1f you're here and not able to come to one of the later meetings
on March 25th, you're free to speak, of course. But it will make more sense and be
more timely if you save your public comments for that time. That being said, anyone
who's here to speak to the Commission, you have two minutes each. You can
approach either one of the lecterns. We'll make sure they're fully cleaned between
users. And I'll work with those who are here with us in person first, so they can
leave and get out in the fresh air and then 171 take up those who are on the phone
waiting. Is there anyone here who would like to speak to the Commission? Good
morning, please state your name, the item you'd like to speak on and you got two
minutes.
Manny Prieguez: Good morning, Mr. Chairman. Manny Prieguez, 4000 Malaga
Avenue. I know you asked for no one to speak on items that have been deferred. But
just to be really, really, really quick, the settlement agreement that was up today,
obviously has been deferred. We know that those were extraordinary circumstances
because of what happened to Commissioner Watson and his illness. We're very
happy that he's doing better. And we just implore this Commission to please, two
weeks from now, let's take this up once and for all and have it heard and voted
accordingly. So I just wanted to put that for the record. Thank you very much, Mr.
Chairman.
Vice Chair Russell: Is there anyone else here who'd like to address the City
Commission on any of the items on today's agenda? Seeing none, I'll take up any
phone calls if we have anyone on the line. Good morning. You're on with the City of
Miami Commission. You have two minutes.
Paola Garcia:: Good morning. This is Paola Garcia from an Edgewater Resident,
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in 501 Northeast 31 st Street from Paraiso Bayviews and I was calling in regards to
the casino that 1 wanted to express my -- that 1 opposed to the planning of the casino.
Vice Chair Russell: Yes.
Ms. Garcia: Yeah. That's the -- yes. I was just calling.
Vice Chair Russell: Thank you.
Ms. Garcia: You're welcome.
Vice Chair Russell: Thank you. The item has been deferred until March 25th.
Thank you for calling. Thanks for your comments.
Ms. Garcia: All right. All right. Thank you. Bye.
Vice Chair Russell: Good morning, you're on with the City, of Miami Commission,
You have two minutes. Please state your name and the item you'd like to speak on.
Arnold Valgar: Yes. Hi, my name is Arnold Valgar (phonetic) . I am a current
resident of Little Haiti, but a long-time stakeholder in Wynwood Norte. I'm calling
to express my support for everything regarding Wynwood Norte and honestly, just
talk about the importance of this community. What it stands for in the city, and the
opportunity that we have now for the people to take hack control and actually have a
safe zone and growth of the community. So anything that has to do with Wynwood
Norte, 1 100 percent support it.
Vice Chair Russell: Thank you very, much. The item has been deferred until March
25th. Thanks for calling.
Mr. Valgar: All right.
Vice Chair Russell: Good morning. You're on with the City Commission.
Josh Peterson: Hello.
Vice Chair Russell: Hey there.
Mr. Peterson: Hi. My name is Josh Peterson. 1 live at 480 Northeast 31st Street.
I'm calling in regards to the casino development.
Vice Chair Russell: Yes. You have two minutes to speak.
Mr. Peterson: Okay. Great. Well, my primary comment is just that I'm highly
opposed to the approval of this casino. My view is that it will add significant traffic
congestion to a already highly congested area. As I understand it's up to 4,000
patrons that will be allowed. I just cannot imagine how this area could function with
that many new additional visitors. In addition to that, casinos, in my view, and I
think from a historical basis, you know, there's a large concern that would be
associated with the crime and sort of other nefarious activity that goes along with
that sort of business patronage. I think this city has done a terrific job of upgrading
this area and bringing in a lot of luxury high-rises and raising the property values
and therefore the revenue for the city. And I think this would be antithetical to all
the work that's been done in this positive direction fbr the city over the last 10 years.
Vice Chair Russell: Thank you. The item has been deferred until March 25th, but
we appreciate your call.
Mr. Peterson: Thank you very much.
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Vice Chair Russell: Thanks. Have a good day. Hello?
Benjamin Kessler: Yes.
Vice Chair Russell: Good morning, you're with the City Commission. You have two
minutes to address.
Mr. Kessler: Hi. My name is Benjamin Kessler. I live in the Gran Paraiso building
in the Paraiso complex at 480 Northeast 31st Street, Miami, Florida 33137. And 1'd
like to comment to the Commission that I'm against the Magic City Casino. Please
vote against adding a casino in the Edgewater neighborhood. Thank you very much.
Vice Chair Russell: Thank you for your call. Good morning. Good morning.
You're on with the City Commission.
Raineir Real: Yes, my name is Raineir Real -- and I live in the 480 Northeast 3lst
Avenue, Unit 2606. This is the Edgewater District, or Gran Paraiso District. And I
am against the development of a casino right next door of my house or apartment.
Vice Chair Russell: Thank you. Thank you for your comments. The item has been
deferred until March 25th, but thank you for calling in.
Mr. Real: Sure. Okay.
Vice Chair Russell: Good morning. You're on with the City of Miami Commission.
Shannon Allen: Good morning, Commissioners. My name is Shannon Allen. I'm the
CEO (Chief Executive Officer) of Grown, an organic certified absolute restaurant in
South Miami. Happy Thursday.
Vice Chair Russell: Thank you.
Ms. Allen: I'm calling in -- yeah. Thank you so much. Thank you for having me.
I'm calling today in support of FR.2 (First Reading), the REEF Kitchen's pilot
program. My restaurant, Growth, partners currently with REEF in their out -based
food operations and it helps us to scale our brick -and -mortar restaurant concepts
and work very complementary with their sign -in experience. As you guys know, this
has been a very difficult year for restaurants, with over 60 million restaurant
workers in the US that are out of work, and it's disproportionately hit minority and
female -owned small businesses like my own. And the partnership that we have with
REEF has allowed us to not only continue to scale the business in very challenging
times financially, but also has given us hope that there is another opportunity for us
to have a revenue stream that can allow us to keep our team members employed.
Which has been increasingly difficult when we've only been doing about 30 to 40
percent of our typical business out of a brick -and -mortar location. So, I'm asking
you to support FR.2 and to thank you for your time and your consideration and for
all the work that the Commission is doing to support small businesses and minority
female -owned small businesses like mine. And to really take the time to consider
what REEF provides for small business owners in the hospitality space. For the
Mom and Pop to the coffee shop or the taqueria, for the small vegan operation that
doesn't have extended resources to get up and running for expensive build outs. This
is a way for us to scale and to make our offerings available to more Miamians
without this increased stress of access to capital in a very challenging time. So I just
wanted to say thank you. My husband, Ray, and I and our family are very proud to
own a small business in South Miami. We've been very fortunate to be in business,
even in very difficult times, for almost five years. We're getting ready to reach our
five-year anniversary on March 25th, 2016. We're very proud of what we do and
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we're very happy and grateful to be able to service Miamians, and we hope to
continue to stay in business. And this partnership with REEF truly has been the
thing that sustained us over the course of a very difficult 12 to 16 months. So we are
very grateful and we are asking you to please support FR.2, and to thank you for
your time and your consideration.
Vice Chair Russell: Thank you very much. Thanks for your comments.
Ms. Allen: Thankyou. Thankyou, Commissioners. Have a wonderful day.
Vice Chair Russell: Good morning. You're on with the City Commission.
Patricio Valenzuela: (Comments made in Spanish not translated).
Vice Chair Russell: (Comments made in Spanish not translated). Can we get
translation, please?
Mr. Valenzuela: No problem.
Vice Chair Russell: (Comments made in Spanish not translated).
Mr. Valenzuela: Yeah.
Vice Chair Russell: Just a moment. (Comments made in Spanish not translated).
Mr. Valenzuela: (Comments made in Spanish not translated).
Vice Chair Russell: Okay. Go ahead.
Mr. Valenzuela (as translated by Mariana Campos, official Spanish interpreter):
Hello. My name is Patricio Valenzuela. I'm the owner of Inversiones Santa Loreto
LLC. (Limited Liability Company) of address 501 Northeast 33rd Street, Apartment
1006, Miami.
Vice Chair Russell: Okay.
Ms. Campos: I'm sorry, sir, (Comments made in Spanish not translated).
Mr. Valenzuela (as translated by Mariana Campos, Official Spanish Interpreter):
We don't want casinos.
Vice Chair Russell: In Biscayne Boulevard?
Mr. Valenzuela (as translated by Mariana Campos, Official Spanish Interpreter): In
Biscayne Boulevard.
Vice Chair Russell: (Comments made in Spanish not translated).
Mr. Valenzuela (as translated by Mariana Campos, Official Spanish Interpreter):
That's the reason for my call.
Vice Chair Russell: (Comments made in Spanish not translated). Hello. You're on
with the City Commission.
Terrell Fritz: Thank you. Good morning, Mr. Chair, Vice Chair, and
Commissioners. My name is Terrell Fritz, resident at 111 East Flagler Street and
executive director of the Flagler Business Iinproveinent District. On behalf of the
Bid Board, I would like to speak on FR.2, the app-based REEF kitchens. There is
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significant concern in the historic downtown Flagler district and CBD (Central
Business District) about the impact of these kitchens on brick -and -mortar
restaurants at the very time they strive to recover from the COVID pandemic.
However, in the spirit of first reading, we are anxious to hear Commissioners'
thoughts on the issue. As you discussed, we would request you consider expanding
the CBD exclusion area to prohibit kitchens in the areas under 1-95 and properties
between 1-95 and the Miami River, south of Northwest -- 5th Street. Again, we want
to thank you all for the hard work you're doing to keep us safe in these challenging
times.
Vice Chair Russell: Thanks for your call. Hello, you're on with the City
Commission.
Rick Madan: Good morning, Commissioners. Hope you're having a great day. My
name is Rick Madan. I'm calling from Biscayne Beach Residences at 2900 Northeast
7th Avenue. I understand the vote for the casino proposal has been deferred to later
this month, but if you would allow me about 30 seconds, I would still like to
comment.
Vice Chair Russell: We'll give you a minute and 40 seconds.
Mr. Madan: Thank you. I appreciate that. You know, this is something that I am
hoping when -- when the vote does come up later this month, that you will vote no.
You know, Edgewater is an area that is currently thriving community. As -- as all of
you know, 10 years ago, this was an area nobody even wanted to walk on the street.
Do we want to take it back to that? Because that's what a casino brings. I mean,
we're trying to understand, whose quality of life will a casino help? No one. And the
tax dollars that are being collected from these condominiums that are going up is
going to more than offset, because as you know, property values drop when casinos
come into town. When things -- businesses like Trader Joe'.s and Whole Foods come
into town, property values go up. If assessed values go up, tax revenue goes up, and
that's what's happening in this neighborhood. Please, we implore you, there's 390
residents in our building, and if we took a poll, zero percent would say yes, please
vote yes. So I implore you and I thank you to do the right thing. Have a great day
and a wonderful meeting.
Vice Chair Russell: Thank you for your call. Hello. You're on with the City of
Miami Commission.
Robin Ruiz: Hi. This is Robin Ruiz at 480 Northeast 3lst Street, Unit 1707, in
Edgewater, Miami. I'm calling to oppose the Magic City Casino corning to our
neighborhood. Traffic on Biscayne is already horrible with the 1,300 units that we
have here and now the proposed buildings in the city, as well, as they're going on in
Edgewater. Along with that, we have crime, prostitution, all the other things that a
casino brings to -- that would bring to Edgewater, Miami. On behalf of everybody at
Gran Paraiso, I know a lot of them are online right now trying to call in, this is
something that we cannot have in our neighborhood, and we ask that all the
commissioners vote no to this. Thank you for taking the time to listen to us today.
Vice Chair Russell: Thanks for your call and your comments.
Ms. Ruiz: Thank you.
Vice Chair Russell: Good morning. You're on with the City Commission.
Eileen Silio: Hi. Good morning. I would like to make a public comment, please.
Vice Chair Russell: Yes. You have two minutes.
City ofMiami
Page 12 Printed on 08/30/2024
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Meeting Minutes March 11, 2021
Ms. Silio: Thank you. Good morning, Commissioner. My name is Eileen Silio. 1
am a 20-year-plus resident of Allapattah. My address is 2925 Northwest 24th
Avenue, and I also reside in the City of Miami. I'm a small business owner and the
president of the Neighbors of Melrose Park Neighborhood Association. I'm calling
in support of Item SR.2, the REEF Kitchen's private program. As the mother of two
young boys, I love the healthy food options that this new pilot program opens up for
us by having it delivered right to our home. Also, as a small business owner and a
baking enthusiast, I am excited about what this new business model represents for
our ability as small business owners to scale out and expand our footprint. Thank
you very much for your time.
Vice Chair Russell: Thanks for your call.
Ms. Silio: Thank you.
Vice Chair Russell: And that is it for public comment. Is there anyone else here in
the audience who would like to address the City Commission on remaining items on
the agenda? Thank you. Seeing none, I will close public comment. Thank you,
everyone, for your participation and advocacy.
MV - MAYORAL VETO(ES)
NO MAYORAL VETOES
There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor.
Vice Chair Russell: Before we start the proclamation items, I'm going to add one
item to the proclamations, and to do that, we need to vote. So first I'd like to ask if
there are any mayoral vetoes.
Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes.
Vice Chair Russell: Thank you.
END OF MAYORAL VETO(ES)
City ofMiami
Page 13 Printed on 08/30/2024
City Commission
Meeting Minutes March 11, 2021
CA.1
8532
Department of Fire -
Rescue
CA - CONSENT AGENDA
The following item(s) was Adopted on the Consent Agenda
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes
ABSENT: Watson
RESOLUTION
A RESOLUTION OF THE OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ACCESSING OF MIAMI-DADE COUNTY
("MDC") CONTRACT NO. FB-00664 FOR THE PROVISION OF
CLEANING, REPAIR, AND INSPECTION SERVICES FOR BUNKER
GEAR, ON AN AS NEEDED BASIS, FOR THE CITY OF MIAMI'S
("CITY") FIRE -RESCUE DEPARTMENT PURSUANT TO SECTION
18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), WITH MBGC, LLC, A FLORIDA
LIMITED LIABILITY COMPANY ("MBGC"), WHICH WAS
COMPETITIVELY SOLICITED FOR A TERM OF FIVE (5) YEARS
AND IS EFFECTIVE THROUGH JULY 31, 2023; ALLOCATING
FUNDS FROM THE VARIOUS SOURCES OF LEGALLY
AVAILABLE FUNDS AND SUBJECT TO THE AVAILABILITY OF
FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE CITY'S
SUPPLEMENTAL AGREEMENT WITH MBGC, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY
AMENDMENTS, RENEWALS, EXTENSIONS, AND/OR
REPLACEMENT CONTRACTS BY MDC, SUBJECT TO ALL
ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY
APPROVALS, COMPLIANCE WITH ALL APPLICABLE
PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S
PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND
FINANCIAL INTEGRITY PRINCIPLES, AS SET FORTH IN
CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL
APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE
DEEMED NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-21-0090
This matter was ADOPTED on the Consent Agenda.
City ofMiami
Page 14 Printed on 08/30/2024
City Commission
Meeting Minutes March 11, 2021
CA.2 RESOLUTION
8535
Office of Grants
Administration
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT
FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT
("FIND") WATERWAYS ASSISTANCE PROGRAM FOR AN
AMOUNT NOT TO EXCEED UP TO FIFTY THOUSAND DOLLARS
($50,000.00) FOR THE REMOVAL OF DERELICT VESSELS FROM
THE CITY OF MIAMI'S JURISDICTIONAL WATERWAYS;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION
OF SAID GRANT APPLICATION; FURTHER AUTHORIZING THE
CITY MANAGER TO ACCEPT GRANT FUNDS IN THE EVENT OF
THE AWARD OF THE GRANT FOR FISCAL YEAR 2021-2022
WITHOUT THE NEED FOR FURTHER CITY COMMISSION
APPROVAL AND TO EXECUTE, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS,
AMENDMENTS, MODIFICATIONS, RENEWALS, AND
EXTENSIONS THERETO; FURTHER AUTHORIZING THE CITY
MANAGER TO ALLOCATE MATCHING FUNDS AND OTHER
PROJECT FUNDS IN AN AMOUNT NOT TO EXCEED FIFTY
THOUSAND DOLLARS ($50,000.00), TO BE BUDGETED AND
APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE
TIME OF NEED FROM PROJECT NO. 40-B223200 OR OTHER
LEGALLY AVAILABLE FUNDING SOURCES.
ENACTMENT NUMBER: R-21-0091
This matter was ADOPTED on the Consent Agenda.
City ofMiami
Page 15 Printed on 08/30/2024
City Commission
Meeting Minutes March 11, 2021
CA.3 RESOLUTION
8529
Office of Grants
Administration
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT
FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT
("FIND") WATERWAYS ASSISTANCE PROGRAM FOR AN
AMOUNT NOT TO EXCEED THREE HUNDRED SEVENTEEN
THOUSAND NINE HUNDRED FIFTY THREE DOLLARS
($317,953.00) FOR THE CONSTRUCTION OF THE SHORELINE
STABILIZATION AND RIVERWALKAT LITTLE RIVER MINI PARK —
PHASE 2 PROJECT; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY AND ALL NECESSARY
DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE SUBMISSION OF SAID GRANT
APPLICATION; FURTHER AUTHORIZING THE CITY MANAGER
TO ACCEPT GRANT FUNDS IN THE EVENT OF THE AWARD OF
THE GRANT FOR FISCAL YEAR 2021-2022 WITHOUT THE NEED
FOR FURTHER CITY COMMISSION APPROVAL AND TO
EXECUTE, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS,
MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO;
FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE
MATCHING FUNDS AND OTHER PROJECT FUNDS IN A TOTAL
AMOUNT NOT TO EXCEED FOUR HUNDRED NINETY TWO
THOUSAND TWO HUNDRED NINETY ONE DOLLARS
($492,291.00), TO BE BUDGETED AND APPROPRIATED BY
SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED
FROM THE OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO.
40-B193501 OR OTHER LEGALLY AVAILABLE FUNDING
SOURCES.
ENACTMENT NUMBER: R-21-0092
This matter was ADOPTED on the Consent Agenda.
City ofMiami
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Meeting Minutes March 11, 2021
CA.4 RESOLUTION
8527
Office of Grants
Administration
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT
FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT
TO EXCEED ONE HUNDRED NINETY SIX THOUSAND THREE
HUNDRED DOLLARS ($196,300.00) FOR THE DESIGN AND
PERMITTING OF SHORELINE STABILIZATION AND KAYAK
LAUNCHES - PHASE 1 AT LEGION PARK; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL
NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT
APPLICATION; FURTHER AUTHORIZING THE CITY MANAGER
TO ACCEPT GRANTS FUNDS IN THE EVENT OF THE AWARD OF
THE GRANT FOR FISCAL YEAR 2021-2022 WITHOUT THE NEED
FOR FURTHER CITY COMMISSION APPROVAL AND TO
EXECUTE, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS,
MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO;
FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE
MATCHING FUNDS AND OTHER PROJECT FUNDS IN A TOTAL
AMOUNT NOT TO EXCEED FOUR HUNDRED THIRTY
THOUSAND THREE HUNDRED FIFTY DOLLARS ($430,350.00)
TO BE BUDGETED AND APPROPRIATED BY SEPARATE,
FUTURE RESOLUTION AT THE TIME OF NEED FROM THE
OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-
B223500 OR OTHER LEGALLY AVAILABLE FUNDING SOURCES.
ENACTMENT NUMBER: R-21-0093
This matter was ADOPTED on the Consent Agenda.
City ofMiami
Page 17 Printed on 08/30/2024
City Commission
Meeting Minutes March 11, 2021
CA.5 RESOLUTION
8468
Office of Capital
Improvements
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AN INCREASE IN CONTRACT CAPACITY
BEYOND THE CITY MANAGER APPROVED FIFTY THOUSAND
DOLLAR ($50,000.00) THRESHOLD FOR CONTINUED USE OF
CITY OF TAMPA REQUEST FOR PROPOSALS CONTRACT NO.
41111317 FOR JOB ORDER CONTRACTING CONSULTING
SERVICES BY THE CITY OF MIAMI'S ("CITY") OFFICE OF
CAPITAL IMPROVEMENTS ("OCI") PURSUANT TO SECTION 18-
111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), WITH THE GORDIAN GROUP, INC., A
FOREIGN PROFIT CORPORATION REGISTERED TO CONDUCT
BUSINESS IN THE STATE OF FLORIDA, WHICH WAS
COMPETITIVELY SOLICITED FOR AN INITIAL TERM OF TWO (2)
YEARS WITH OPTIONS TO RENEW FOR THREE (3) ADDITIONAL
ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE
CITY'S VARIOUS SOURCES OF LEGALLY AVAILABLE FUNDS
FROM THE USER DEPARTMENT, SUBJECT TO THE
AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE
TIME OF NEED; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL OTHER
DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS,
EXTENSIONS, AND/OR REPLACEMENT CONTRACTS, SUBJECT
TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY
APPROVALS, COMPLIANCE WITH ALL APPLICABLE
PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S
PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND
FINANCIAL INTEGRITY PRINCIPLES, AS SET FORTH IN
CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL
APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE
DEEMED NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-21-0094
This matter was ADOPTED on the Consent Agenda.
City ofMiami
Page 18 Printed on 08/30/2024
City Commission
Meeting Minutes March 11, 2021
CA.6
8526
Department of
Police
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BIDS RECEIVED ON NOVEMBER 30, 2020 PURSUANT TO
INVITATION FOR BID NO. 1262387 TO ESTABLISH A PRE -
QUALIFIED POOL OF VENDORS FOR THE PURCHASE OF
SERVICE CANINES, ON AN AS NEEDED BASIS, FROM THE
RESPONSIVE AND RESPONSIBLE BIDDERS, METRO DADE K9
SERVICES INC., A FLORIDA PROFIT CORPORATION, AND
POLICE SERVICE DOGS, INC., A FLORIDA PROFIT
CORPORATION, FOR THE CITY OF MIAMI'S ("CITY") POLICE
DEPARTMENT ("POLICE") FOR AN INITIAL TERM OF FOUR (4)
YEARS WITH THE OPTION TO RENEW FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS
FROM POLICE GENERAL ACCOUNT NO. 00001.190101.664000
AND SUCH OTHER LEGALLY AVAILABLE SOURCES OF FUNDS,
SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY
APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL
OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS,
RENEWALS, AND EXTENSIONS, SUBJECT TO ALL
ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY
APPROVALS, COMPLIANCE WITH ALL APPLICABLE
PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S
PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND
FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN
CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL
APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE
DEEMED NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-21-0095
This matter was ADOPTED on the Consent Agenda.
City ofMiami
Page 19 Printed on 08/30/2024
City Commission
Meeting Minutes March 11, 2021
CA.7 RESOLUTION
8453
Department of
Resilience and
Public Works
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID RECEIVED ON OCTOBER 9, 2020 PURSUANT TO
INVITATION FOR BID NO. 1115382 FROM THE LOWEST
RESPONSIVE AND RESPONSIBLE BIDDER, H&R PAVING, INC.,
A FLORIDA PROFIT CORPORATION, FOR THE PROVISION OF
PAVEMENT RESURFACING AND ROADWAY REPAIR SERVICES,
ON AN AS -NEEDED BASIS, FOR THE CITY OF MIAMI'S
DEPARTMENT OF RESILIENCE AND PUBLIC WORKS FOR AN
INITIAL TERM OF THREE (3) YEARS WITH THE OPTION TO
RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS;
ALLOCATING FUNDS FROM ACCOUNT NO. 40-B73102E AND
SUCH OTHER LEGALLY AVAILABLE FUNDING SOURCES,
SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY
APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL
OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS,
RENEWALS, AND EXTENSIONS, SUBJECT TO ALL
ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY
APPROVALS, COMPLIANCE WITH ALL APPLICABLE
PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S
PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND
FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN
CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL
APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE
DEEMED NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-21-0096
This matter was ADOPTED on the Consent Agenda.
CA.8 RESOLUTION
8607
Department of
Resilience and
Public Works
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING FOUR (4) RIGHT-OF-WAY DEEDS
OF DEDICATION, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A", ATTACHED AND INCORPORATED, FOR HIGHWAY
PURPOSES; APPROVING AND AUTHORIZING THE
RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE
CITY CLERK TO RETAIN COPIES OF SAID DEEDS.
ENACTMENT NUMBER: R-21-0097
This matter was ADOPTED on the Consent Agenda.
City of Miami Page 20 Printed on 08/30/2024
City Commission
Meeting Minutes March 11, 2021
CA.9 RESOLUTION
8525
Department of
Resilience and
Public Works
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING A PERPETUAL EASEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, FROM ST. JOHN
COMMUNITY DEVELOPMENT CORPORATION, INC., A FLORIDA
NOT FOR PROFIT CORPORATION, FOR THE PURPOSE OF
PUBLIC PEDESTRIAN ACCESS TO PORTIONS OF SIDEWALK
CONSTRUCTED ON NORTHWEST 1ST PLACE AND ON THE
SEVEN (7) FOOT RADIUS CORNER INTERSECTION BETWEEN
NORTHWEST 15TH STREET AND NORTHWEST 1ST PLACE,
MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER
NECESSARY DOCUMENTS RELATED TO THE PERPETUAL
EASEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO
RECORD SAID INSTRUMENT IN THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
ENACTMENT NUMBER: R-21-0098
This matter was ADOPTED on the Consent Agenda.
CA.10 RESOLUTION
8621
Office of the City
Attorney
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY CARLOS
LOPEZ, 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 CARLOS LOPEZ VS. CITY OF
MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY,
FLORIDA, CASE NO.: 20-27448 CA 32, 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; FURTHER
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ROBERTO
HERNANDEZ YANIZ, INDIVIDUALLY AND ON BEHALF OF
CIARAH ESTEFANIA RAMIREZ, THE TOTAL SUM OF $200,000.00
IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL
CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR
ATTORNEYS' FEES, AGAINST, THE CITY UPON THE
EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND
DEMANDS FOR NEGLIGENCE AND WRONGFUL DEATH;
ALLOCATING FUNDS FROM ACCOUNT NO.
50001.301001.545010.0000.00000.
ENACTMENT NUMBER: R-21-0099
This matter was ADOPTED on the Consent Agenda.
END OF CONSENT AGENDA
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City Commission
Meeting Minutes March 11, 2021
Vice Chair Russell: So I'd like to bring us to the CA (Consent Agenda) agenda. Is
there anyone who'd like to move the CA agenda, CAs 1 through 10?
Commissioner Reyes: I move it.
Vice Chair Russell: Moved by Commissioner Reyes, seconded by the Chair. Is there
any further discussion on the dais?
Commissioner Carollo: If you just give me one second, I always like to go through it
when we have 10 items.
Vice Chair Russell: You got it.
Commissioner Reyes: Let's -- Mr. Chair --
Vice Chair Russell: You 're recognized.
Commissioner Reyes: That's what you proposed about three years ago, right?
Vice Chair Russell: Which one?
Commissioner Reyes: The kayak and then the -- this CA.4.
Vice Chair Russell: Oh, the launches?
Commissioner Reyes: The launches.
Vice Chair Russell: The launches at -- at Legion Park?
Commissioner Reyes: I remember.
Vice Chair Russell: Yes. This is in Commissioner Watson's district, hut it's a -- it's a
reimbursement grant from FIND (Florida Inland Navigation District) .
Commissioner Reyes: Yes. Yeah. Yes, sir.
Vice Chair Russell: If there's anything I'd like to mention is what a good partner the
Florida Inland Navigation District is for us to be able to create water access and
cover half the cost for us on multi -million -dollar projects. Our -- you know, our
Commissioner Spencer Crowley as our -- as the Commissioner of FIND has really
helped us apply fbr these grants and get projects done. But this is a different one than
the one I had been dealing with in Virginia Key.
Commissioner Reyes: Okay. Okay. Yeah.
Vice Chair Russell: But this one is in Legion Park in Commissioner Watson's district.
Commissioner Reyes: All right.
Commissioner Carollo: I'm ready to move.
Vice Chair Russell: Thank you. Are there any further comments on the CA agenda?
Hearing none, all in favor say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes. Thank you very much.
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City Commission
Meeting Minutes March 11, 2021
PH - PUBLIC HEARING
PH.1 RESOLUTION
7611
Department of Real
Estate and Asset
Management
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
CONFIRMING, AND APPROVING THE CITY MANAGER'S
RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND
INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 29-
B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CHARTER"); WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PURSUANT TO SECTION 18-
85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), BASED UPON RESOLUTION NOS. R-
16-0347 AND R-16-0348 ADOPTED JULY 29, 2016 AND
SUBSEQUENT SPECIAL ELECTION RESULTS OF TUESDAY,
NOVEMBER 8, 2016 WHICH AUTHORIZED THE RELATED
AMENDMENT OF THE CHARTER AS CERTIFIED BY RESOLUTION
NO. R-16-0618 ADOPTED DECEMBER 8, 2016 (COLLECTIVELY,
"CITY COMMISSION AND VOTER REFERENDUM APPROVALS"),
AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE
CITY OF MIAMI ("CITY"); AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A LEASE AGREEMENT
("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BETWEEN THE CITY AND DADE HERITAGE TRUST,
INC., A NOT -FOR -PROFIT CORPORATION ORGANIZED UNDER
FEDERAL AND STATE OF FLORIDA LAWS, FOR THE CITY -
OWNED BUILDING LOCATED AT 190 SOUTHEAST 12TH
TERRACE, MIAMI, FLORIDA 33131 ("PROPERTY") FOR AN INITIAL
TERM OF FIFTEEN (15) YEARS WITH TWO (2) FIVE (5) YEAR
RENEWALS, FOR MINIMUM ANNUAL RENT OF SIX HUNDRED
DOLLARS ($600.00) IN MONTHLY INSTALLMENTS OF FIFTY
DOLLARS ($50.00), WITH CONSUMER PRICE INDEX
ADJUSTMENTS, AND WITH RESTRICTIONS, REVERSIONS, AND
RETENTION BY THE CITY OF ALL OTHER RIGHTS, INCLUDING
BUT NOT LIMITED TO AIR RIGHTS, MINERAL RIGHTS, AND
RIPARIAN RIGHTS, TO THE PROPERTY, WITH TERMS AND
CONDITIONS AS MORE SPECIFICALLY TO BE SET FORTH IN
SAID AGREEMENT IN ACCORDANCE WITH SECTIONS 18-188,
180-89, AND 18-190 OF THE CITY CODE AND THE CITY
COMMISSION AND VOTER REFERENDUM APPROVALS, ALL IN
FORMS ACCEPTABLE TO THE CITY ATTORNEY.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Carollo, Reyes
ABSENT: Diaz de la Portilla, Watson
Note for the Record: Item PH.1 was deferred to the March 25, 2021, City
Commission Meeting.
Note for the Record: For minutes referencing Item PH.1, please see "Order of the
Day."
City of Miami Page 23 Printed on 08/30/2024
City Commission
Meeting Minutes March 11, 2021
END OF PUBLIC HEARING
RE - RESOLUTIONS
RE.1 RESOLUTION
8528
Office of Grants
Administration
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT
FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT
TO EXCEED ONE MILLION TWO HUNDRED FIFTY THOUSAND
DOLLARS ($1,250,000.00) FOR THE CONSTRUCTION OF A
SEAWALL AND VESSEL DOCKAGE AT THE KNIGHT CENTER —
PHASE 2; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN
FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE
SUBMISSION OF SAID GRANT APPLICATION; FURTHER
AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS
IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL
YEAR 2021-2022 WITHOUT THE NEED FOR FURTHER CITY
COMMISSION APPROVAL AND TO EXECUTE, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED
AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS,
AND EXTENSIONS THERETO; FURTHER AUTHORIZING THE
CITY MANAGER TO ALLOCATE MATCHING FUNDS IN A TOTAL
AMOUNT NOT TO EXCEED ONE MILLION TWO HUNDRED FIFTY
THOUSAND DOLLARS ($1,250,000.00) TO BE BUDGETED AND
APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE
TIME OF NEED FROM THE DEPARTMENT OF REAL ESTATE
AND ASSET MANAGEMENT PROJECT NO. 40-B183402 OR
OTHER LEGALLY AVAILABLE FUNDING SOURCES.
ENACTMENT NUMBER: R-21-0100
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes
ABSENT: Watson
Vice Chair Russell: Let's move to the RE (Resolution) agendas. RE.3 is a four-
f fths, so it'd need to be unanimous. The only remaining ones are RE.1, 2, 3, and 4.
Is there a motion on those items?
Commissioner Carollo: Which is the -- okay. And RE.3 is the -- okay.
Vice Chair Russell: This one's actually a --
Commissioner Carollo: Yeah. Yeah. Yeah.
Vice Chair Russell: Thank you.
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Commissioner Carollo: Okay.
Vice Chair Russell: Motion by Commissioner Carollo?
Commissioner Carollo: Yes.
Commissioner Reyes: Move it.
Vice Chair Russell: Seconded by Commissioner Reyes. And 1 -- and I would just
like to thank the Public Works Department for moving so fast on the Brickell storm -
water pump station, which is RE.3. We had massive -- we had silt plumes out into
the bay. They were covering the corals in the sand, the grasses, and we were
fighting so hard against bad developers. Yet, one of our pump stations was causing
a silt plume itself So, this expenditure of over $200,000 will -- has already fixed
that. Those injection -- deep -water injection wells, and so we won't have that
problem anymore.
Commissioner Diaz De la Portilla: I have -- I have a procedural question.
Vice Chair Russell: Yes, sir.
Commissioner Diaz De la Portilla: RE.3 requires a four -fifths vote?
Vice Chair Russell: Yes.
Commissioner Diaz De la Portilla: Four commissioners on the dais. What does that
mean?
Vice Chair Russell: Unanimous.
Commissioner Diaz De la Portilla: Yeah. Unanimous.
Vice Chair Russell: Must be --
Commissioner Diaz De la Portilla: Everybody has to agree to it?
Vice Chair Russell: Yes. It's --
Commissioner Diaz De la Portilla: So one commissioner disagrees, it doesn't pass?
Vice Chair Russell: Correct.
Commissioner Diaz De la Portilla: Okay.
Commissioner Carollo: RE.4, was that part of the -- ?
Vice Chair Russell: Yes. That's the drive-in movie theater.
Commissioner Carollo: Okay. This is the drive-in movie theater. Okay. This the
one that we currently have.
Vice Chair Russell: Yes.
Commissioner Carollo: All right. Why is this coming back? I thought we'd took
care of it.
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Vice Chair Russell: So unfortunately, it's been applied for under a temporary event
permit. And really what they should be looking for is a temporary use permit. It
would give then three years. Because the temporary event permit is pretty short-
term, so we're having to extend it to allow them to go.
Commissioner Carollo: Well, I think when we approved it the last time -- and we did
approve it, didn't we?
Vice Chair Russell: Yes.
Commissioner Carollo: Did we approve --
Vice Chair Russell: Or it may have been defer -- it was deferred, I believe.
Commissioner Diaz de la Portilla: No. This -- this has never been approved by the
commission.
Commissioner Carollo: It's never been approved?
Commissioner Diaz de la Portilla: No.
Vice Chair Russell: The extension. Okay.
Commissioner Reyes: No. It was -- this is the -- the movie theater, that's right?
Vice Chair Russell: Yes. The drive-in movie theater.
Commissioner Reyes: And -- may I say that I visit it, and I used to work at the
school board building. And that place, I mean, that -- that lot there was a haven for
drug addicts. I mean, it was like Middle Park in New York. And right now, what I
saw it -- eventually that is going to be developed. But for now, I think they're doing
a great job because they got -- they got rid of all those (UNINTELLIGIBLE) people.
And there was no noise. Everything was very good. And I strongly -- let me tell you,
I strongly support this.
Commissioner Carollo: They have done an excellent job --
Commissioner Reyes: Yes.
Commissioner Carollo: -- in putting it together, getting all the permits, and I
compliment them for that. However, Commissioner Diaz de la Portilla mentioned
something the last time, with a concern that we're not going to let empty land in that
district that the OMNI CRA (Community Redevelopment Agency) falls in to be used
for minor things like this while the developers that buy those lands are just land
banking. So what -- what I like to do is -- I'm in favor of what they're doing, but
what I mentioned the last time was that I'll be willing to vote for it until all the
COVID emergencies are over. Then let it come back to us again, and we'll revisit
and see what we need to do. This the only condition thatl like to place, or if we can
make it to the end of the year or until the COVID emergency is over, whichever
comes first.
Vice Chair Russell: Commissioner Reyes?
Commissioner Reyes: Well, I may say that (UNINTELLIGIBLE), and we watched
the presentation, and we did a field trip, you know. So, we have a resolution
supporting it, and I understand your concern, Commissioner, but what I want to do -
- I mean, this is not a change of zoning, right? And it's a --
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Commissioner Carollo: No, no. I understand that.
Commissioner Reyes: -- it is just a permit that has to be re -- I mean, they want --
have to ask -- yearly. It's a yearly permit. You know, they will have to -- it's a permit
of using this land for this purpose, but it's not a permanent, and I -- and I would
never vote for a permanent --
Commissioner Carollo: But then what --
Commissioner Reyes: -- what I -- I'm -- I am supporting is the concept that while
this land is not being developed because, I don't know, the -- not being developed,
that it can be used, you see, how -- as it is now because what they're doing is they
have claimed that empty lot, and if that empty lot would've stayed there, because I'm
a witness to it, that that was a haven for drug addicts and -- and all kind of derelicts
that were there.
Commissioner Carollo: Well, look. The one thing that we're in agreement is, they've
done an excellent job in cleaning up that lot.
Commissioner Reyes: Yes, this lot, yearly. They come every year. They come from -
Commissioner Carollo: And -- and they went through the whole process in getting
permits.
Commissioner Reyes: That's right.
Commissioner Carollo: Which I applaud them for that. All that I'm saying is that let
them come back once the pandemic is over so that we could revisit it every year.
That's the only thing.
Commissioner Reyes: Every year. That's -- that's --
Vice Chair Russell: This gives them through the end of this year. Commissioner
Diaz de la Portilla, you're recognized.
Commissioner Diaz de la Portilla: Well, my thinking -- I also visited the place a
couple days ago. And before that, I had -- I was -- that office, as you were Chair of
the Omni CRA, you know that's a block away from the Omni CRA office. And I
visited it. 1 would walk by there, go to the restaurant that was there, and there were
homeless people sleeping around. People would hang out late at night, and so it was
an empty lot that people will come in, and we just -- you know, just bad things were
happening there, and they came in and they cleaned it up, and they did something
productive. It does not bother the neighbors because it's all FM (Frequency
Modulation) radio. It's a novel concept. It's an interesting concept, and it's good for
that area. I think for that particular area, it works. They invested a significant
amount of dollars in cleaning it up and putting the projector screen, and the
projector and the screen and everything else. So I think that they need, from my
point of view, and I agree with Commissioner Reyes, a year to make the --
Commissioner Reyes: Yeah.
Commissioner Diaz de la Portilla: -- some return on their investment. And then, I
agree, we come back --
Commissioner Reyes: Come back.
Commissioner Diaz de la Portilla: -- because in the future, maybe we want to
develop or do something else there. So this Commission always has oversight on
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what happens there. But for now, yeah, 1 think they have a 28-day permit, and 1
don't think that works for them.
Commissioner Reyes: Okay.
Commissioner Diaz de la Portilla: I think you need to have something that's longer
and something that they could rely on, so a year. We come back in a year --
Commissioner Reyes: The year --
Commissioner Diaz de la Portilla: -- and we revisit again. If we don't like it, we
vote --
Commissioner Reyes: But --
Commissioner Diaz de la Portilla: -- a different way.
Commissioner Reyes: If I --
Commissioner Carollo: And then we put it January, December?
Commissioner Diaz de la Portilla: Yeah.
Vice Chair Russell: It -- the way it's written currently gets them through the end of
the year.
Commissioner Diaz de la Portilla: Okay. That's fine too.
Commissioner Reyes: That's right.
Commissioner Diaz de la Portilla: That's the -- that's release. It's --
Commissioner Carollo: Yeah.
Vice Chair Russell: Okay.
Commissioner Carollo: That's fine.
Commissioner Diaz de la Portilla: That's fine.
Commissioner Carollo: I'm fine with that. I -- you know, I just heard you say three
years and it kind of threw me off.
Commissioner Diaz de la Portilla: No. Three years is too much.
Commissioner Carollo: Yeah.
Commissioner Reyes: No, no. It is a -- it -- I mean, every year, have to come and --
until the -- I mean, of the --
Commissioner Diaz de la Portilla: Well, let's make it a real year. Let's make it
March of next year so the --
Commissioner Carollo: But they --
Commissioner Reyes: That's right.
Commissioner Carollo: -- started already, so it is real year.
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Commissioner Diaz de la Portilla: Well, it started --
Commissioner Reyes: A real year.
Commissioner Diaz de la Portilla: -- like a -- it started a month ago -- like a month
ago.
Commissioner Reyes: Make it a real year, next March.
Commissioner Carollo: Why do I have a leap year here?
Commissioner Reyes: Okay.
Commissioner Carollo: I don't want to have a leap year.
Commissioner Reyes: A leap year. Let's make it until March of next year.
Commissioner Diaz de la Portilla: Until March is fair.
Commissioner Reyes: Okay.
Commissioner Diaz de la Portilla: I think it's fair.
Vice Chair Russell: Madam City Attorney --
Commissioner Reyes: Okay. And then one thing is fbr sure that --
Vice Chair Russell: -- could this --
Commissioner Reyes: -- that is clarified is that at -- while that land is not changing
zoning. There's not a change in zoning if it is not being used. I mean, it not being
developed, that as soon as they have somebody wants to develop that land, that
would cease. But I -- if it is not developed, well, let's keep that like it is because it is
keeping all those derelicts on all those -- the drug addicts, that even if you fenced it -
- I remember when I was working around there, it was fenced almost every month. It
would --
Commissioner Diaz de la Portilla: And by the way, Commissioner and Chairman,
there's -- Friday, they're going to play Goodfellas.
Commissioner Reyes: Goodie. lla?
Commissioner Diaz de la Portilla: Goodfellas.
Commissioner Reyes: I've seen it three times.
Commissioner Diaz de la Portilla: Friday. I think it's at 10:00, or at 9:30.
Commissioner Reyes: Yes.
Commissioner Diaz de la Portilla: So you're all invited to come.
Commissioner Reyes: And one thing that really impressed me was the amount of
families with children.
Commissioner Diaz de la Portilla: Yes.
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Commissioner Reyes: The amount of families with children that they were enjoying
this.
Commissioner Carollo: Yeah.
Commissioner Reyes: I mean, it was something that was really amazing and very
impressive. Okay.
Commissioner Carollo: Well --
Commissioner Reyes: Let's move on.
Vice Chair Russell: So, Madam -- just a moment --
Commissioner Reyes: Hold on.
Vice Chair Russell: -- please. Commissioners, just a minute. And I bet you're a fan
of Ray Liotta, because if the movie of the City of Miami Commission is made, I think
Ray Liotta should play you.
Commissioner Diaz de la Portilla: Of -- I think so too.
Vice Chair Russell: Madam --
Commissioner Diaz de la Portilla: But I think Commissioner Carollo would enjoy
Goodfellas.
Commissioner Carollo: Those kinds of movies scare me, so -- you know?
Commissioner Diaz de la Portilla: But they also have Mask playing on Saturday
night.
Commissioner Carollo: Yeah. They --
Commissioner Diaz de la Portilla: We'll see Mask. There's --
Commissioner Carollo: -- it's too violent for me. I don't watch those kind of movies,
but --
Vice Chair Russell: The Mask is playing?
Commissioner Carollo: But --
Commissioner Diaz de la Portilla: Yes.
Vice Chair Russell: Okay, so Jim Garrey could play me --
Commissioner Diaz de la Portilla: Jim Carrey could play you --
Vice Chair Russell: -- and Ray Liotta --
Commissioner Diaz de la Portilla: -- and Ray Liotta could play me, but I'm a little
bit taller than him, not really --
Vice Chair Russell: Madam City Attorney, could we amend this legislation to allow
them through until next March, because I believe the current way it's written only
allows them through to the end of the year?
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Victoria Mendez (City Attorney): That's fine.
Vice Chair Russell: It can be?
Ms. Mendez: Yes. Because remember, you're just granting the waiver.
Vice Chair Russell: Yes.
Ms. Mendez: They still have to apply for permits, and, you know --
Vice Chair Russell: Thank you. Does the mover and seconder agree --
Commissioner Carollo: Yes.
Vice Chair Russell: -- with that amendment?
Commissioner Carollo: Yes. Yes.
Commissioner Diaz de la Portilla: Okay.
Vice Chair Russell: Thank you very much.
Commissioner Carollo: Well, now that you tell me that they're putting Coodfellas
Friday --
Commissioner Diaz de la Portilla: I knew that would --
Commissioner Carollo: -- you know --
Commissioner Diaz de la Portilla:
going.
Commissioner Carollo: No, no. I --
Commissioner Reyes: Well, that's --
-- get you going. I knew that would get you
Commissioner Carollo: Well, it just hit me, you know. There's a guy on Twitter that
likes us. He don't like much more than that, but he likes us. And he's talked about it
quite a bit, that he likes to go, and he goes, and so you know, this guy thought he'd
liked me because secretly he came to my office, before COVID, and he met with me
in my office. He was all laughs and praises with me when he met with me, and, gee,
I don't know. Maybe it's because of you guys that he's always attacking the Mayor
and the Manager and the others, and he's gotten kind of nasty with me in that little
Twitter of his, the guy named Billy Cohen (phonetic).
Vice Chair Russell: Corben.
Commissioner Carollo: Cohen. Cohen.
Commissioner Diaz de la Portilla: Corben, Corben, Corben.
Commissioner Carollo: Cohen. No, no, no, no, no, no.
Commissioner Diaz de la Portilla: Another guy?
Commissioner Carollo: Real name is Billy Cohen.
Commissioner Reyes: Oh, wow.
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Commissioner Carollo: I don't think he likes his last name so he uses Corben.
You're right. So maybe ifl go Friday, I'm sure he's going to be there. And we could
get in the same car and bond again together.
Commissioner Diaz de la Portilla: Yeah. Six feet apart.
Commissioner Reyes: Yeah. That -- that should be a plan.
Commissioner Carollo: I'll bring the fish.
Commissioner Diaz de la Portilla: And I'll bring the (UNINTELLIGIBLE).
Vice Chair Russell: Mr. Clerk --, you're recognized, Mr. Clerk.
Todd B. Hannon (City Clerk): Thank you, Chair. Just for the record, Mayor Suarez
would like to co-sponsor this item.
Vice Chair Russell: R -- I'm sorry, RE.4.
Mr. Hannon: Yes.
Vice Chair Russell: Okay, that's noted, and as the District Commissioner, I'd like to
say the most important thing I was concerned about with the drive-in movie in this
area was how it would affect the local residents surrounding --
Commissioner Reyes: Yeah.
Vice Chair Russell: -- because there are new towers on all sides of that lot. And I
have to say we have not gotten one complaint in our office, nor have we had one
single complaint through Code or Police with regard to this drive-in theater, so I'm
very happy with them from a quality -of -life perspective. So, thank you very much.
Are there any further comments on the RE agenda as moved and seconded with an
amendment on RE.4?
Vice Chair Russell: Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes on RE.1, 2, 3 and 4 as amended.
Thank you very much.
Commissioner Carollo: Yeah, and 5 and 6 are deferred.
Vice Chair Russell: Correct.
Commissioner Reyes: That's right.
Vice Chair Russell.: And the SR agenda is deferred as well.
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RE.2 RESOLUTION
8530
Office of Grants
Administration
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT
FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT
("FIND") WATERWAYS ASSISTANCE PROGRAM FOR AN
AMOUNT NOT TO EXCEED TWO MILLION FIVE HUNDRED
NINETEEN THOUSAND DOLLARS ($2,519,000.00) FOR THE
CONSTRUCTION OF SHORELINE STABILIZATION, KAYAK
LAUNCH, AND RIVERWALK AT JOSE MARTI PARK; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL
NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT
APPLICATION; FURTHER AUTHORIZING THE CITY MANAGER
TO ACCEPT GRANT FUNDS IN THE EVENT OF THE AWARD OF
THE GRANT FOR FISCAL YEAR 2021-2022 WITHOUT THE NEED
FOR FURTHER CITY COMMISSION APPROVAL AND TO
EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
GRANT OR DEED AGREEMENTS, AMENDMENTS,
MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO;
FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE
MATCHING FUNDS AND OTHER PROJECT FUNDS IN A TOTAL
AMOUNT NOT TO EXCEED THREE MILLION FORTY SEVEN
THOUSAND NINE HUNDRED NINETY DOLLARS ($3,047,990.00),
TO BE BUDGETED AND APPROPRIATED BY SEPARATE,
FUTURE RESOLUTION AT THE TIME OF NEED FROM THE
OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-
B193500 OR OTHER LEGALLY AVAILABLE FUNDING SOURCES.
ENACTMENT NUMBER: R-21-0101
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes
ABSENT: Watson
Note for the Record: For minutes referencing Item RE.2, please see Item RE.1.
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Meeting Minutes March 11, 2021
RE.3 RESOLUTION
8480
Department of
Resilience and
Public Works
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE,
RATIFYING, RETROACTIVELY APPROVING, AND CONFIRMING
THE CITY MANAGER'S EMERGENCY FINDING, ATTACHED AND
INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-90
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), WAIVING COMPETITIVE SEALED BIDDING
PROCEDURES AS NOT BEING ADVANTAGEOUS OR
PRACTICABLE FOR THE CITY OF MIAMI ("CITY") IN THE
SELECTION OF DAVID MANCINI & SONS, INC., A FLORIDA
PROFIT CORPORATION, FOR THE EMERGENCY REPAIRS OF
THE BRICKELL AVENUE STORMWATER PUMP STATION'S
FORTY-EIGHT INCH (48") DIP OUTFALL PIPE, INCLUSIVE OF
THE INVESTIGATION, EVALUATION, REPAIR, AND RE-
CERTIFICATION OF THE THREE (3) CORRESPONDING DEEP
INJECTION WELLS AND CORRESPONDING CASINGS FOR THE
CITY'S DEPARTMENT OF RESILIENCE AND PUBLIC WORKS
("PUBLIC WORKS") FOR THE AMOUNT OF TWO HUNDRED
SIXTY THOUSAND DOLLARS ($260,000.00); AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL
OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS,
RENEWALS, AND EXTENSIONS, SUBJECT TO ALL
ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY
APPROVALS, COMPLIANCE WITH ALL APPLICABLE
PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S
PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND
FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN
CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL
APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE
DEEMED NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-21-0102
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes
ABSENT: Watson
Note for the Record: For minutes referencing Item RE.3, please see Item RE.1.
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Meeting Minutes March 11, 2021
RE.4 RESOLUTION
8497
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), WAIVING THE TWO (2) TEMPORARY EVENT
LIMITATION PER YEAR FOR PRIVATE PROPERTY PURSUANT
TO SECTION 62-521(6)(4) OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND
ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY
USES AND OCCUPANCIES; PERMIT REQUIRED," TO ALLOW
DRIVE-IN MOVIE SHOWINGS, WHICH SHALL NOT EXTEND
BEYOND 2:00 A.M. UNLESS THERE IS A RELEVANT FEDERAL,
STATE OF FLORIDA, MIAMI-DADE COUNTY, AND/OR CITY OF
MIAMI CURFEW IN EFFECT WHICH SHALL THEN ACT AS THE
REQUIRED CLOSING TIME, AT 1400 NORTHEAST 1ST AVENUE,
1441 NORTHEAST MIAMI PLACE, 1442 NORTHEAST 1ST
AVENUE, 1422 NORTHEAST 1ST AVENUE, 1433 NORTHEAST
MIAMI PLACE, AND 73 NORTHEAST 14TH STREET, MIAMI,
FLORIDA, RESPECTIVELY, FOLIO NOS. 0131360051420,
0131360051360, 0131360051370, 0131360051380,
0131360051390, 0131360051400, AND 0131360051410 FOR
GREENSLIME LABORATORIES, INC. AT VARIOUS TIMES
DURING THE YEAR THROUGH JANUARY 13, 2022.
ENACTMENT NUMBER: R-21-0103
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes
ABSENT: Watson
Note for the Record: For minutes referencing Item RE.4, please see Item RE.1.
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Meeting Minutes March 11, 2021
RE.5
8555
Outside Counsel
RE.6
8705
Outside Counsel
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY AND ALL SETTLEMENT DOCUMENTS, ALL IN
FORMS ACCEPTABLE TO OUTSIDE COUNSEL, WITHOUT
ADMISSION OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS,
INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE
CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND
EMPLOYEES IN THE CASE STYLED WEST FLAGLER
ASSOCIATES, LTD. VS. CITY OF MIAMI, PENDING IN THE
UNITED STATES DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF FLORIDA, CASE NO.: 19-21670-CIV-SCOLA; AND
CONTAINING A SEVERABILITY CLAUSE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Carollo, Reyes
ABSENT: Diaz de la Portilla, Watson
Note for the Record: Item RE.5 was deferred to the March 25, 2021, City
Commission Meeting.
Note for the Record: For minutes referencing Item RE.5, please see "Order of the
Day" and "Public Comments forAllltem(s)."
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), DIRECTING THE CITY MANAGER TO PLACE
ON TWO (2) SUBSEQUENT CITY COMMISSION AGENDAS AN
ORDINANCE ADOPTING A TEXT CHANGE TO ORDINANCE NO.
13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE") TO EFFECTUATE A
BAN ON GAMBLING, SUBJECT TO CERTAIN EXCEPTIONS, ALL
IN A FORM ACCEPTABLE TO OUTSIDE COUNSEL.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Carollo, Reyes
ABSENT: Diaz de la Portilla, Watson
Note for the Record: Item RE.6 was deferred to the March 25, 2021, City
Commission Meeting.
Note for the Record: For minutes referencing Item RE.6, please see "Order of the
Day" and "Public Comments for All Item(s)."
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END OF RESOLUTIONS
SR - SECOND READING ORDINANCES
SR.1 ORDINANCE Second Reading
8556
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 10/ARTICLE IX, TITLED "BUILDINGS/FENCE
REQUIREMENTS FOR OVERTOWN", TO CHANGE THE TITLE TO
REMOVE OVERTOWN AND REPLACE WITH MIAMI CITY
COMMISSION DISTRICT 5, TO EXTEND THE REQUIREMENTS
TO ALL OF CITY COMMISSION DISTRICT 5, AND TO PROVIDE
FOR AN EXTENSION OF THE SUNSET PROVISION;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Carollo, Reyes
ABSENT: Diaz de la Portilla, Watson
Note for the Record: Item SR.1 was deferred to the March 25, 2021, Citj
Commission Meeting.
Note for the Record: For minutes referencing Item SR.1, please see "Order of the
Day."
SR.2 ORDINANCE Second Reading
8064
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 62/ARTICLE XIV OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED
"PLANNING AND ZONING/PUBLIC BENEFITS TRUST FUND";
MORE PARTICULARLY BY ESTABLISHING A NEW SECTION 62-
647 OF THE CITY CODE, TITLED "NRD-2 PUBLIC BENEFITS
TRUST FUND; INTENT", SECTION 62-648 OF THE CITY CODE,
TITLED "ESTABLISHED", AND SECTION 62-649 OF THE CITY
CODE, TITLED "FINANCIAL REPORT"; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Carollo, Reyes
ABSENT: Diaz de la Portilla, Watson
Note for the Record: Item SR.2 was deferred to the March 25, 2021, City
Commission Meeting.
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City Commission
Meeting Minutes March 11, 2021
Note for the Record: For minutes referencing Item SR.2, please see "Order of the
Day."
SR.3 ORDINANCE Second Reading
8065
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 35/ARTICLE V OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED "MOTOR
VEHICLES AND TRAFFIC/COCONUT GROVE BUSINESS
DISTRICT, DESIGN DISTRICT AND WYNWOOD PARKING
IMPROVEMENT TRUST FUNDS"; MORE PARTICULARLY BY
AMENDING SECTIONS 35-220 OF THE CITY CODE, TITLED
"REQUIRED OFF-STREET PARKING AND PAYMENT IN LIEU OF
REQUIRED OFF-STREET PARKING", AND BY ESTABLISHING
NEW SECTION 35-233, TITLED "WYNWOOD NORTE PARKING
IMPROVEMENT TRUST FUND, INTENT -ESTABLISHED",
SECTION 35-234 OF THE CITY CODE, TITLED "FUNDS MADE
AVAILABLE; FINANCIAL REPORT", SECTION 35-235 OF THE
CITY CODE, TITLED "SCHEDULE OF FEES AND CHARGES FOR
WYNWOOD NORTE PARKING TRUST FUND", AND SECTION 35-
236 OF THE CITY CODE, TITLED "PARKING WAIVER
CERTIFICATES; REVOCATION; REFUNDS", TO ESTABLISH THE
WYNWOOD NORTE PARKING TRUST FUND; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Carollo, Reyes
ABSENT: Diaz de la Portilla, Watson
Note for the Record: Item SR.3 was deferred to the March 25, 2021, City
Commission Meeting.
Note for the Record: For minutes referencing Item SR.3, please see "Order of the
Day."
END OF SECOND READING ORDINANCES
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Meeting Minutes March 11, 2021
FR - FIRST READING ORDINANCES
FR.1 ORDINANCE First Reading
8608
Office of the City
Attorney
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 46/ARTICLE I OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PUBLIC
NUISANCES/DEFINITIONS", TO UPDATE THE CITY CODE BASED
UPON THE RECENT AMENDMENT TO SECTION 893.138,
FLORIDA STATUTES; CONTAINING A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes
ABSENT: Watson
Vice Chair Russell: If the City Attorney could please read FR.1 (First Reading) and
FR.2 into the record, please.
Victoria Mendez (City Attorney): FR.1.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: FR.2.
The Ordinance was read by title into the public record by the City Attorney.
Commissioner Carollo: FR.2 is for how long of a period again?
Vice Chair Russell: It's a pilot program.
Commissioner Reyes: Pilot for one year.
Commissioner Carollo: Yeah. For one year, right? Okay.
Commissioner Reyes: And make sure, that these pilots that would start, they are
only for one year because we propose a -- I propose an ordinance that pilots should
be one year because there were pilots that --
Commissioner Carollo: Yeah.
Commissioner Reyes: -- have been in effect for 20 years when I first got elected.
Vice Chair Russell: Thank you.
Commissioner Reyes: Make it one year.
Commissioner Carollo: Commissioner, while --
Vice Chair Russell: Mr. Clerk, and then -- did you have a comment?
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Commissioner Diaz de la Portilla: Yeah. I knocked on the thing.
Vice Chair Russell: Yeah. 1 apologize because I'm looking this way and 1 don't
mean to ignore you. You had a comment?
Commissioner Diaz de la Portilla: I had a question on FR.2. There was original
language that was proposed, that's been changed, I believe, and there were some
changes that they wanted to --
Vice Chair Russell: 1 have some amendments here.
Commissioner Diaz de la Portilla: Okay. So we need to talk about the amendments,
right?
Vice Chair Russell: Yeah. If we get a motion, and a second --
Commissioner Diaz de la Portilla: I'll make a motion.
Vice Chair Russell: -- then --
Commissioner Diaz de la Portilla: I'll make the motion.
Vice Chair Russell: Okay.
Commissioner Reyes: I second it.
Vice Chair Russell: So, this is both FR.1 and FR.2?
Commissioner Diaz de la Portilla: But you need to do -- he's raising his hands. He
always goes like this when he goes crazy . Listen. Yes.
Vice Chair Russell: Mr. Clerk, you're --
Commissioner Diaz de la Portilla: FR.1's (UNINTELLIGIBLE) . FR.2 has to be
amended first.
Todd B. Hannon (City Clerk): And they can both be voted upon at the same time, but
just for the record, Mayor Suarez would like to co-sponsor FR.2.
Commissioner Diaz de la Portilla: Okay.
Vice Chair Russell: Thank you very much. So FR.1 and FR.2 have been moved by
Commissioner Diaz de la Portilla.
Commissioner Reyes: Second.
Vice Chair Russell: Seconded by Commissioner Reyes. So the -- both the Planning
Department and the company that would like to take advantage of the pilot program
have asked for a couple amendments, so I'd like to offer these. The Planning
Department has asked that these not abut T3 (Transec).
Commissioner Reyes: Uh-huh.
Vice Chair Russell: That's one. And then they ask that the 20-foot buffer from the
property line be moved to 25 feet. So those are the requests of the Planning
Department. The company REEF Kitchens would like to utilize this pilot program,
and it's not an exclusive pilot program, but they've asked for a couple of changes,
that the word mobile operations be added to the definitions section, Section 31-51,
Food Trucks, and mobile operations be added. And then everywhere they reference
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Meeting Minutes March 11, 2021
the mobile operation, call it food trucks and delivery food vehicles, so that in the
definitions, mobile operations means the operation of food trucks, delivery food
vehicles, and other retail service, meaning they'd like to be able to provide other
things as well than just food. So other retail service which was in the original draft.
Commissioner Carollo: But whoa, whoa, whoa. But what --
Ms. Mendez: I --
Commissioner Carollo: -- what do they want to provide? 1 mean, they're going to
sell --
Vice Chair Russell: Could be groceries, could be sundries, could be liquor.
Commissioner Carollo: Okay. So it's going to become a mini -Amazon?
Vice Chair Russell: Yes. So this is a concern --
Commissioner Carollo: No --
Vice Chair Russell: -- and I've expressed --
Commissioner Reyes: No, no, no, no.
Vice Chair Russell: -- this concern that if this becomes' --
Commissioner Carollo: Yeah.
Vice Chair Russell: -- a warehouse situation --
Coniniissioner Carollo: No. No.
Vice Chair Russell: -- with delivery, and that would be something we need --
Commissioner Carollo: I am -- my --
Vice Chair Russell: -- to really be keeping track of from a --
Commissioner Carollo: But I'll tell you what my biggest concern is: The competition
that this could give to --
Commissioner Reyes: Established restaurants.
Commissioner Carollo: -- a lot of our establishments that are brick and motor [sic]
that are paying huge rents, and, you know, if we're going to provide for people to
have a big advantage, then it's going to end up hurting us tremendously because --
Vice Chair Russell: So no to retail?
Commissioner Carollo: No retail.
Commissioner Reyes: No. No retail.
Vice Chair Russell: So, strike that amendment, please.
Commissioner Reyes: No.
Commissioner Carollo: It's -- but I'm concerned enough with the food part of it.
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Unidentified Speaker: Out of the question.
Commissioner Carollo: -- of it, but with retail --
Vice Chair Russell: You're in favor? So I personally don't have an issue with it
because it's a pilot.
Commissioner Reyes: I do. I --
Vice Chair Russell: If it gets out of hand, we can stop it.
Commissioner Reyes: I do have issues with retail and this is only the -- what I'd
wanted on -- only -- well, what was proposed to me --
Vice Chair Russell: Yeah.
Commissioner Reyes: -- was only that restaurants that are going to be in a -- in the -
- I mean, they're going to cook those restaurants ' food and they are going to deliver
it.
Vice Chair Russell: Yeah.
Commissioner Reyes: That's the way it was presented. Nobody talked to me about
having a mini-Sedano's there. You see, I mean, nobody said about that. And my
vote for -- in favor of this pilot program, it is -- I mean, based on the geographic
constraint that they had.
Vice Chair Russell: Yes.
Coniniissioner Reyes: They're not going to he in my district --
Vice Chair Russell: Correct.
Commissioner Reyes: -- and neither they're going to be in the Business District in
Downtown Miami.
Vice Chair Russell: So -- correct, --
Commissioner Reyes: I mean --
Vice Chair Russell: -- they're only going to be --
Commissioner Reyes: -- there is a map that they presented that they going to say all
of this is out of way.
Vice Chair Russell: So, they'll be in -- just to clarify, they'll be in District 1, 2, and
5. It will not be in Districts 3, 4, or the CBD (Central Business District) downtown.
Commissioner Reyes: Oh, the CBD. That's right.
Vice Chair Russell: Now, when they first started was during the beginning of the
pandemic, they were distributing things other than food, which was mostly --
Commissioner Diaz de la Portilla: No.
Vice Chair Russell: -- groceries, but sundries and emergency supplies, anything that
would help people get things quicker, so I think they are looking to expand that. I
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think your concept is not wrong about what they're intending to do. They're looking
to be a local mobile hub for distribution of various things, food included, and we
have to be very careful of that. They have -- not they as a company, but this concept
has had problems with traffic and things in other cities, but we're watching that. So
I'm okay with it, but I need the will of this Commission to be okay with it, with the
pilot.
Commissioner Diaz de la Portilla: Well, I think, if I may, we already have that
anyway. We have Uber Eats, we have DoorDash, we have Amazon Prime and non -
Prime, so we already have delivery of all kinds of goods to people's homes, and in a
COVID world, that's the new Miami. That's happening. That's the new world that
we're living in. So to me, I have no problem with allowing them to deliver whatever
they want to deliver, beyond food, because it just -- an extra place that people can go
to and people can contact and get things sent to their home. There's no problem with
that.
Commissioner Carollo: The --
Commissioner Diaz de la Portilla: It's not that we're -- we're not creating a new
world. This world already exists.
Commissioner Carollo: Well, but we --
Commissioner Diaz de la Portilla: You can all -- I'm not finished, so please, let me
finish my thought.
Vice Chair Russell: I'd like Commissioner Diaz de la Portilla finish, then
Commissioner Reyes, then Commissioner Carollo.
Commissioner Diaz de la Portilla: So right now, I get on my phone. I can get
anything delivered to my home from different entities. So allowing other entities to
do the same thing, to me, is not a problem because it's just another entity doing the
same thing that's already going on. We're not creating, we're not reinventing any
wheel here. We're just allowing a different entity. Maybe could do it more
efficiently. Maybe could do it at a better price, quicker, who knows? So what's
wrong with that? So as we enter a new world where people are ordering everything
online, they're not going out, it's a good option for people to have. So to create a
new option, to me, doesn't kill me. 1 think it's good for our economy. 1 think it's
good for our citizens. I think it gives them choice, a choice to pay. Now, the
Commission -- the four Commissioners here today -- don't agree on expanding, it
beyond food. I think it was probably a 2, 2 vote here today if I could do the math.
I'm pretty good with math. 2-2 vote, then we won't expand it.
Commissioner Reyes: Okay.
Commissioner Diaz de la Portilla: But let me make it very clear on the record that
we're not doing anything different than already exists. Because I could do whatever
I want on this phone right now and get it from DoorDash, from Uber Eats, from
anybody else, and get whatever I want delivered to my home. We're just giving this
entity that wants to invest in our community, to provide our citizens with an
additional option, to have a choice, to -- maybe better service beyond the food that
they're doing, because what they're doing is very, very interesting. You get to have
certain foods from different providers that we may move on to have something from
a particular provider that isn't -- is not in our area, it's delivered to our home. It's
just a hell -- a heck of a convenience. And that's the world we're living in. So I
would support any expansion, like I would support your amendment, if the will of the
Commission's not there, it's not there. But I do at least support the food distribution
and the ability for them to operate for a year as a pilot program.
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Ms. Mendez:
Vice Chair Russell: That -- oh, I'm sorry. Commissioner Reyes.
Commissioner Reyes: Okay, I disagree with you, Commissioner. I respectfully
disagree with you because if you add groceries to it, you see, Commissioner Carollo
is right. I know that was my -- always was my opposition. Just -- you're bringing a -
- which is a food truck. You're bringing a kitchen, that it is going to compete with
brick -and -mortar -- yes, sir. Don't say no, because that's the way it --
Commissioner Diaz De la Portilla: (UNINTELLIGIBLE) --
Commissioner Reyes: Okay. You can ask -- you can believe whatever you want.
Commissioner Diaz De la Portilla: I can.
Commissioner Reyes: Okay. But my opinion is that I don't want -- if I have -- I
mean, if they want to serve food in an area -- you see, we have restrictions to food
trucks in order to protect the brick -and -mortars, you see? They're going to establish
themselves, and they want to -- and they're going to serve food from any other
restaurants that are get -- in that agreement with them. That's from all the places
they're going to -- and they're going to be competing with those restaurants. That is
fine, and I -- that would be okay. We -- I agree with that -- I will accept that concept.
But when you add groceries, when you add additional thing, I don't care if you can
call now Uber Eats -- I mean, Uber, and you can send them to Publix, Sedano, or
mom and pop store. But those people there, they've been established. Those are
brick -and -mortar. Those people have paid their licenses. Those people have gone
through thick and thin to have their little businesses, and then this here comes this
new business that is serving food. But now you can buy milk, you can buy whatever,
you see? I don't think it's fair to the established businesses. And I totally oppose
that. Enough that they're serving food, and they have that -- I mean, they are --
they'd be able -- they're going to be able to start this pilot program, and we're going
to see what it is. But I am not going to get that little store, the pop and mom store
that has been in that area and the little store that has been, I mean, having a lot of
problem, that -- another competitor. Or it might be a big store, Publix or Sedano's,
that's going to have another competitor that didn't spend a penny in, I mean,
establishing themselves, and we are giving them all the ability. If that is the case, 1
can open up a store in my -- the backyard of my house. You see? 1 mean, I would go
for it the way, I mean, without any -- only cooked food. That's it.
Vice Chair Russell: Understood. Commissioner Carollo?
Commissioner Carollo: Well, I'm glad you used those words because that's exactly
what I was going to be suggesting, that it be limited only to cook food, and the
difference that -- I don't agree with you, Commissioner Diaz de la Portilla, that it's
something that we have already. Is for the following reason: Yes, we have Ubers.
We have other food delivery outs. In fact, you have other outfits that go and get
groceries, and they provide it to people. The difference is that in this place, they're
asking to be using real estate in the city for that purpose, that they're putting that
together there. Where the Ubers, the other outfits, don't have that. And that's the
difference. They could certainly do that without having to come here and do an
Uber-type -- Uber Eats or some of these other outfits that go to the grocery stores
and buy it for you and deliver it. But when you're using a piece of land, who knows
what they're going to do there. You don't know the -- how much traffic they're going
to amass, what other trucks, containers, they're going to be bringing in there. So
that's a big difference from that aspect of it. The rest of it, we're in agreement. It's
nothing new. So this is why I want to limit this to cooked food, and even with that, I
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have concerns, but I'll go along with it because it's not going to be in my district
either.
Vice Chair Russell: Commissioner Reyes.
Commissioner Reyes: I have another concern. I have another concern that we have
not -- I mean, we haven't got the filing. What is -- how far are they away from brick -
and -mortars? I mean, are we going to have that -- a distance requirement? Or they
can come next to a -- let me tell you something. Drive in Calle Ocho, and you're
going to see all the restaurants that have closed. Little restaurants. Restaurants
have suffered more than anybody else. Are we going to allow this kitchen to get --
park next to a brick -and -mortar? If we are -- because I don't agree with that either.
We need to have a distance requirement that should be, let's say, 100 feet or
whatever.
Commissioner Carollo: Well, you know, even 500 feet is such a minimal amount of
space that, if we're going to do this right, it should be at least 1,000 feet, where we
have some real space between a brick -and -mortar restaurant and something like
this. But that's my opinion.
Commissioner Reyes: I will -- I would vote for it, but in second reading, I want to
see --
Vice Chair Russell: A distance barrier.
Commissioner Reyes: -- a distance barrier.
Vice Chair Russell: To -- a distance to a commercial use or a --
Commissioner Reyes: To brick -and -mortar- restaurant -- brick -and -mortar
restaurants.
Vice Chair Russell: Got it. Now, let me -- let me speak to the philosophy here.
Because I think everyone up here is trying to protect and encourage and build up --
support our local businesses, right?
Commissioner Reyes: Yeah.
Vice Chair Russell: And so what you have here with this new concept in this gig
economy is the potential for the big boys to hurt the little guys. And obviously, we
want to protect our brick -and -mortar restaurants. But the two calls that came in
were from restaurants who are brick -and -mortar restaurants on the suburbs of town,
which could be restaurants in any one of our districts, where they are actually
helping them expand their footprint in other parts of the town. So that, to me, is a
nice thing.
Commissioner Reyes: Without an investment. Without a -- excuse me for
interrupting. Without a penny invested.
Vice Chair Russell: Of course.
Commissioner Reyes: I mean, that is -- I mean, I can do it any time. If I have a
restaurant --
Vice Chair Russell: Just let me finish.
Commissioner Reyes: -- here, and somebody --
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Vice Chair Russell: Commissioner.
Commissioner Reyes: -- wants to distribute my --
Vice Chair Russell: I understand that.
Commissioner Reyes: -- food, things that I sold, fine. I don't have anything invested
in it.
Vice Chair Russell: No, and that's true.
Commissioner Reyes: And you're going to be competing with a person that is in that
area.
Vice Chair Russell: So -- and I understand your point. But what it's doing, it's
helping a mom and pop expand, without further investment, throughout the city. So
we're helping Miami restaurants work throughout Miami in doing this. Now, where
it could work against, in my mind, is if they're bringing in a national chain brand --
Commissioner Reyes: That's --
Vice Chair Russell: -- or their own brand. That could then start to hurt --
Commissioner Reyes: We can --
Vice Chair Russell: -- our local businesses. But so -- and this may be just a
philosophical difference.
Commissioner Reyes: That's right.
Vice Chair Russell: I'm okay helping Sergio's expand to Brickell or Allapattah or
other parts.
Commissioner Reyes: Yeah.
Vice Chair Russell: Because I think that's great. It helps them grow --
Commissioner Reyes: Do you think --
Vice Chair Russell: -- and they are --
Commissioner Reyes: Do you think that is fair? That is, if 1 have, let's say, a Cuban
restaurant. 1 have a little Cuban restaurant on, I mean, Brickell --1 mean, Biscayne
and 25th, and I am striving over there, and here comes this kitchen, and Sergio is
going to -- they're going to serve Sergio's food over there, you see. They're going to
-- people walk in, and they're going to get Sergio's food and all of that --
Vice Chair Russell: Yeah.
Commissioner Reyes: -- over there, while I am, without spending a single -- Sergio
spending a single penny. And if that -- don't you think that is going to be competing
with me?
Vice Chair Russell: Not in an unfair way.
Commissioner Reyes: Directly --
Vice Chair Russell: But we may disagree.
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Commissioner Reyes: -- competing with me.
Commissioner Diaz de la Portilla: But --
Commissioner Reyes: Hold on a second, sir, I haven't finished yet. Okay.
Commissioner Diaz de la Portilla: Capitalism.
Commissioner Reyes: Okay. That, it will be competing without spending a single
penny. They're getting themselves established.
Vice Chair Russell: Yeah.
Commissioner Reyes: That is what -- if Sergio wants to extend, let him go through
the process and establish themselves on Brickell -- on Biscayne Boulevard.
Vice Chair Russell: Yeah.
Commissioner Reyes: That's my opinion. And I think that we -- I mean, I agree that
the way that it is, without anymore -- only cooked food and with a certain restriction
on distance, that it will be worth from the first reading and the second reading, I will
vote for it. That's the only way.
Vice Chair Russell: Understood.
Commissioner Reyes: With all the constraints.
Vice Chair Russell: Thank you.
Commissioner Reyes: I'm glad I share.
Vice Chair Russell: Diaz de la Portilla.
Commissioner Carollo: I do have one other important --
Vice Chair Russell: Yes.
Commissioner Carollo: -- question.
Vice Chair Russell: I'm still working on some amendments, so -- go ahead, though.
Commissioner Carollo: Are they going to accept bitcoins?
Commissioner Reyes: What?
Commissioner Carollo: Are they going to --
Commissioner Diaz De la Portilla: It depends upon the -- it depends on particular
value that day, Commissioner.
Commissioner Reyes: They're going to accept what?
Commissioner Carollo: Bitcoins.
Commissioner Reyes: Oh, bitcoins. Well, that should be, at most --
Vice Chair Russell: If you're ordering $50, 000 --
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Commissioner Reyes: That's right.
Vice Chair Russell: -- worth of hamburgers, maybe.
Commissioner Reyes: That's right. You pay with bitcoins.
Vice Chair Russell: So go ahead.
Commissioner Diaz De la Portilla: Just a very quick comment. I think we're moving
forward to second reading, and we'll -- 1 agree with Commissioner Reyes to a
certain extent. It is, you know, a little bit of an unfair advantage. But I also believe
in capitalism, and I believe that, you know, it's a new century. It's a new world.
There are new systems in place. It's not all bricks -and -mortar. Bricks -and -mortar
was a word -- an expression that's been used for decades, for a century, but that's
changing, right? So I think that Sergio's or somebody else can expand their footprint
to other parts of the county, to Aventura and other parts. I think it's a good thing. I
think that competition is good, and I think if businesses can't survive in a capitalist
society then, you know what? They don't survive. This is the way it is, right?
Vice Chair Russell: Yeah.
Commissioner Diaz De la Portilla: So I think the expansion to our citizenry, to have
the opportunity to have additional options and choices available to them, it's a good
thing. Food --
Vice Chair Russell: Yes.
Commissioner Diaz De la Portilla: -- we'll do food for now. Maybe a year from
now, we'll go -- come back and revisit, and maybe the model works and we'll do
something else.
Commissioner Reyes: Yeah.
Vice Chair Russell: Thank you.
Commissioner Diaz De la Portilla: But I think, to move forward and try to end the
meeting earlier, as you wanted to -- not before lunch. That's never going to happen.
But at least before dinner, that we got to move it forward and we debate it. You
know, we talk about it with a attorney and everything else, and our manager, to get
to a better version for a second reading.
Vice Chair Russell: Thank you very much. 1 agree.
Commissioner Carollo: This --
Commissioner Reyes: Mr. Chair, I am a capitalist myself. I am an economist. I
believe that Adam Smith --
Commissioner Diaz De la Portilla: Good.
Commissioner Reyes: -- was right all the time, and let me tell you, but competition is
good as long as it is fair competition.
Commissioner Diaz De la Portilla: Correct.
Commissioner Reyes: And this is not fair.
Commissioner Carollo: Well, this is the --
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Commissioner Diaz De la Portilla: 1 disagree.
Commissioner Carollo: -- point that I was going to make. This is not capitalism.
This is exceptionalism. We're making an exception within capitalism so that
someone has to spend less money and will probably have advantages over others.
And that's where I draw the line, bitcoins or no bitcoins.
Vice Chair Russell: Thank you, Commissioner. I have a -- so we will --
Ms. Mendez: Gentlemen --
Vice Chair Russell: -- strike the amendment regarding retail, please.
Ms. Mendez: Right, so I need to clarify it because these -- I didn't have these
amendments per se. The change that you were going to do to the mobile definition --
Vice Chair Russell:: Yes.
Ms. Mendez: You're not doing that anymore, correct?
Vice Chair Russell: Yes.
Ms. Mendez: That stays as it's --
Vice Chair Russell: We are -- the only thing I'm changing from that requested
amendment is the words "other retail" out of the word "mobile operations. " Means
the operation of food trucks, delivery food vehicles, and other retail. Strike that
"...and other retail."
Commissioner Carollo: And only cooked, cooked food. Cooked food.
Ms. Mendez: Right.
Vice Chair Russell: So, another amendment I'd like to add, under definitions, 31-
51(h)(1), "delivery food vehicle means," the words 'pick up" or "delivery" are in
there, and that was not my intention. There should be nobody able to walk up to this
facility, order their food, and then eat it in that parking lot. So the only pickup
would be of the drivers who are taking it to wherever it's going, and I consider that
delivery. So I'm striking the words 'pick up" because these are not food trucks, and
they're not meant to be food trucks. I don't want trash laying around. I don't want
people walking up and waiting in line. The whole idea of this concept is a delivery
system, a -- we're just helping them expand their delivery footprint so the food is hot
by the time it gets to you if you're ordering from somewhere that's far away from that
restaurant. Some other amendment requests. I want to make sure we respect the
current moratorium. This is in requirements for operation 2A. I want to make sure
it respects the credit moratorium in the City Code as it relates to food trucks in
District 3 and establishes a hereby moratorium in delivery food vessels in District 4.
So really, this is going to be about this side of the dais accepting this, this side of the
dais saying, "Not right now, thank you. We'll watch and see how it goes in your
districts." So on -- hopefully, on second reading, we'll have a full dais on this side.
We'll hear how Commissioner Watson feels about all these items.
Commissioner Reyes: Yeah, and then you're going to add all the things that we took
out.
Vice Chair Russell: Maybe, maybe not. Maybe, maybe not. But --
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Commissioner Reyes: Then you don't have --
Vice Chair Russell: That's where we're --
Commissioner Reyes: -- and then you're going to get three votes.
Vice Chair Russell: It could be, but, fortunately, it won't affect your districts if that's
the case.
Commissioner Diaz de la Portilla: Commissioner --
Commissioner Reyes: If that's the case --
Commissioner Diaz De la Portilla: But Commissioner Reyes --
Commissioner Reyes: -- then that's what it does now.
Commissioner Diaz De la Portilla: -- it's all about 3. It's all about 3.
Commissioner Reyes: Okay. Fair.
Vice Chair Russell: But I --
Commissioner Reyes: If that's the case --
Vice Chair Russell: -- don't know where Commissioner Watson will be on this. This
retail concept, it was in the original version. It was taken out. The request was to
put it back in. The will is 2-2 not to put that back in. I'm fine with that. But I do
want to hear where Commissioner Watson is on this for his district because it
certainly has an effect. The other amendment, I believe that's -- it -- they had a
request to move the application review from 20 days to 10 days, from the City
Administration, from the Planning Department. I'm okay with the amendment. I
don't know if it's actually going to happen.
Commissioner Carollo: I'm sorry. The application?
Vice Chair Russell: So, when they make an -- when someone makes an application
to open one of these facilities, they have to --
Commissioner Carollo: Yeah.
Vice Chair Russell: -- go to the Planning and Zoning and --
Commissioner Carollo: Right.
Vice Chair Russell: -- and work through this pilot program. The current legislation
says they'll get 20 days to review it and approve or deny, and they're asking for 10
business days.
Commissioner Carollo: Well, to be blunt with you, I don't know of any of them that
gets done here in --
Commissioner Reyes: 10 days.
Commissioner Carollo: -- 10 days.
Commissioner Diaz De la Portilla: Zero.
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Vice Chair Russell: Well, that's why I'm --
Commissioner Diaz De la Portilla: Zero.
Vice Chair Russell: We can change it if they want. (UNINTELLIGIBLE) --
Commissioner Carollo: Here we go. You know, Francois, why don't you come up
here? You're the lobbyists for these people. Can you can come up?
Vice Chair Russell: Who would you like to hear from?
Commissioner Carollo: Francois, he's the lobbyist. He's -- you know, he spoke to
most of you, I think.
Commissioner Reyes: Yeah. He's the one that's carrying the torch.
Commissioner Carollo: I don't know if he contacted my office or not, but look, we
want to work with your client, but, you know, you're asking for the moon. You're
asking what nobody gets in the City of Miami.
Commissioner Reyes: That's right.
Vice Chair Russell: Please introduce yourself
Francois Illas: Francois Illas with Converge.
Vice Chair Russell: Keep your mask on, if you would.
Mr. Illas: Oh, sorry.
Vice Chair Russell: Thanks.
Commissioner Reyes: You got to keep your mask.
Mr. Illas: See if I can talk through this double mask. 21 Biscayne Boulevard --
sorry about that. So, the -- on the 20-day to 10-day, Commissioner --
Commissioner Carollo: Yeah.
Mr. Illas: -- that's -- okay. So that, generally, is -- it's done in other sections of
permit processing. So it's just basically keeping the onus on moving. It's a year
pilot.
Commissioner Carollo: So basically, what you're asking, that I'm seeing, time and
time again in this ordinance, is what nobody else gets.
Commissioner Reyes: Yes.
Mr. No.
Commissioner Carollo: And this is not right. You know, we're --
Mr. Illas: The 10 days is typical inside the processing of permits in the City
currently. Right now, it's 10 business days is what it reads now in the City in some --
Commissioner Carollo: Well --
Mr. Illas: -- (UNINTELLIGIBLE).
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Commissioner Carollo: -- Madam City Attorney, what are the normal days that we
have in all of our ordinance?
M. Mendez: Right. So I am not aware of that, and I will defer to the manager and
building on the permits. I'm not aware of the 10-business day processing.
Commissioner Carollo: Mr. Manager?
Arthur Noriega (City Manager): Yes, sir.
Commissioner Carollo: Do we have anybody that can address that?
Mr. Noriega: We do.
Commissioner Carollo: Since I don't expect you to have the answer to it. It's a more
technical question.
Commissioner Reyes: What typically -- what other businesses get? How long do
they have to wait?
Vice Chair Russell: Good morning. If you'd introduce yourself please.
Tamara Frost: Good morning. Tamara Allen Frost, Assistant Director of Office
Zoning.
Vice Chair Russell: So, is there a time frame on returning -- reviewing applications
in the department?
Ms. Frost: There's supposed to be a 15-day turnaround to review applications.
Vice Chair Russell: And is that codified or is that just the entire --
Ms. Frost: Policy.
Vice Chair Russell: -- policy?
Mr. Noriega: It's policy.
Vice Chair Russell:: -- 18 days.
Commissioner Carollo: 15 days is what you have.
Ms. Frost: Yes.
Commissioner Carollo: Okay, and how often does that --
Commissioner Reyes: You meet that?
Commissioner Carollo: -- happen, that you meet the 15 days?
Ms. Frost: We're -- depending on the application type, we're currently at the process
about 80 percent, 80 to 90 percent depending on the application type.
Commissioner Carollo: Okay. Well, then it should be exactly what everybody else
has.
Commissioner Reyes: Yes.
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Commissioner Carollo: 1 don't want to give them more. 1 don't want to give them
less. 1f it's 15 days, which she says, then it should be 15 days.
Vice Chair Russell: All right. So my requested amendment will be 15 days in item
number 3, Section 3C. With the application review time, please alter 10 days to 15 --
20 days to 15 days; is that acceptable?
Commissioner Carollo: Yeah. What I'm looking is for a standard --
Mr. Illas: It's fair.
Commissioner Carollo: -- across the board.
Mr. Illas: Great. It's fair.
Commissioner Carollo: Okay. Anything else that you want that's on the unusual?
Mr.Illas: Understandable.
Commissioner Carollo: No. But I'm saying is there anything else?
Mr. Illas: Oh, no, no. I mean --
Commissioner Carollo: The ordinance, (UNINTELLIGIBLE) unusual?
Commissioner Reyes: Say it now. Say it now or hold your peace --
Mr. Illas: Oh no. I hear you.
Commissioner Reyes: -- because every time that you turn around something is
added. Something -- I mean, come on man.
Mr. Illas: The only thing, Commissioner, and 1 want to go hack a little hit here --
Commissioner Reyes: You want -- and excuse me. But you want -- but when I talked
to you guys, and I mean, every time you came in you never mentioned groceries or
anything and then out of the blue sky you come up with that? (UNINTELLIGIBLE).
Mr. Illas: We've talked -- no. No -- so the things that we had discussed with you on
the mobility side that included, were the farmers' market concepts, the medical
concepts that we were discussing that didn't fall into food preparation --
Commissioner Reyes: What do you meaning medical --
Mr. Illas: -- so that was something that the company was looking to do. And under
that --
Commissioner Reyes: Medical? You're going to open up a doctor's office?
Mr. Illas: -- it would be vaccines, it would be --
Commissioner Reyes: No. No. No. Vaccines.
Mr. Illas: -- testing that can be done at the sites that you could use the permitting
process --
Commissioner Reyes: No, no, no, no, no.
Mr. Illas: -- as a mobile unit to have on these sites as well.
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Commissioner Reyes: We -- we have (UNINTELLIGIBLE) --
Commissioner Carollo: Are you going to sell masks too?
Vice Chair Russell: One at a time please.
Mr. Illas: Excuse me?
Commissioner Carollo: You were going to sell masks too or --
Mr. Illas: No. No. No. Just the vaccine and the actual testing is what they had
looked at. Fanners' markets is what we had talked about with yourself, and then you
thought that, that could possibly -- temporary parks is also something that they had
discussed previously.
Commissioner Carollo: Farmers' market?
Mr. Illas: Farmers' market at the sites.
Commissioner Carollo: Let me tell you right off the bat, if you're asking for a
farmersmarket and you're asking for food trucks to serve food to be delivered --
Mr. Illas: Correct.
Commissioner Carollo: -- you don't meet the requirement of the law. Farmer's
market is precisely what it means. It has to come from the Redlands, from Florida
City. That's what farmers' market means. And on top of that, you need 5,000 square
feet --
Mr.Illas: Correct.
Commissioner Carollo: -- strictly for the farmers' market. So --
Mr. Illas: You're correct. The County currently has that in place,
Commissioner Carollo: -- you're mixing (UNINTELLIGIBLE), so you couldn't do it
according to our code.
Mr. Illas: The code has it in place for that activity for three days a week. The idea
was to bring it onto these parking facilities as well if it could be done.
Commissioner Carollo: But not if you were doing the other services. You couldn't
do both.
Mr. lllas: Okay.
Vice Chair Russell: Commissioner Reyes.
Commissioner Reyes: Listen, you keep expanding, expanding, expanding,
expanding. I mean, we give you the finger you want the hand, we give you the hand,
you want the arm. I mean, what do you want to do? You want to have a huge lot
where you can sell everything. It's going to be a flea market that you want to
establish there that you've got everything. I mean, come on.
Mr. Illas: The reason we -- all right.
Commissioner Reyes: You've got this? Hey, quit while you're ahead.
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Mr. Islas: The reason we asked for the pilot program, Commissioner, was to work
with the City and if this is where the City feels that we can work with you, we'll work
with that.
Commissioner Reyes: Okay.
Mr. Ilsas: I don't think it's a question of taking more than what we need.
Commissioner Diaz de la Portilla: So, let's -- I want to call the question, and I want
to move it to second reading and we can have the debate later on with the full
commission.
Vice Chair Russell: The question's been called; we all good?
Commissioner Carollo: All right. I respect when someone calls a question.
Commissioner Diaz de la Portilla: I don't.
Commissioner Carollo: See?
Commissioner Diaz de la Portilla: I did it in Tallahassee in many years,
Commissioner.
Commissioner Carollo: I'm glad that you're learning.
Commissioner Diaz de la Portilla: I think I taught you that.
Commissioner Carollo: I don't think so --
Commissioner Diaz de la Portilla: Because I never saw anybody calling the
question in the City of Miami until I got here.
Commissioner Carollo: I didn't complain that, you know, I've not --
Vice Chair Russell: All right. The question --
Commissioner Diaz de la Portilla: I'm glad you're still learning, Commissioner.
You always need to learn in life. That's important.
Commissioner Carollo: Good, thank you.
Vice Chair Russell: We'll move to a vote. Without the amendment of retail, the only
amendments had to do with the definition and the moratorium area, the abutting T3
and a 15-business day turnaround and that's it.
Ms. Mendez: I think you said the 25-foot buffer?
Vice Chair Russell: Yes. Thank you. I apologize.
Ms. Mendez: And then you said no pickup which we may need to fix because Uber is
a pickup. So we may need to fix that between first and second.
Vice Chair Russell: The intention is Uber's okay. No walk up.
Ms. Mendez. No person, I guess.
Vice Chair Russell: Yeah. well --
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Commissioner Diaz de la Portilla: No walk up.
Vice Chair Russell: Yeah.
Ms. Mendez: Right. And then -- I'm sorry that I had asked you before and I just
want to clarify what is the definition that you read about mobile operations?
Vice Chair Russell: So mobile operations mean the operation of food trucks,
delivery food vehicles, and then it was going to say and other retail services but
strike that line.
Ms. Mendez: Okay. I just wanted to clarifY what that was because the definition in
what's in Accela is a little different.
Commissioner Carollo: What is it?
Ms. Mendez. Mobile operations mean the operation of delivery food vehicles, and
fulfillment operations performed from a movable stand, cart, vehicle, truck, van or
trailer.
Vice Chair Russell: Yes. I just didn't read the whole thing. All of that stays, but you
Ms. Mendez: I just -- I wanted to clarify. Thank you.
Vice Chair Russell: Right. But to add the word food trucks. So the mobile
operation means the operation of food trucks, delivery food vehicles, and fulfillment
operations performed from a movable stand, cart, vehicle, truck, van or trailer.
Ms. Mendez: Right. The thing is that food trucks have a definition in another part of
the code, so adding food trucks --
Commissioner Carollo: Do you want to state that for this particular issue, our
definition would be what was stated? Would that make it easier?
Ms. Mendez: I just -- if you're adding food trucks, I want to clarify. I thought you
said this is not a food truck. So food trucks were defined somewhere else. So I just
wanted to clarify that and we can work on it between first and second. I just -- I
wanted to make sure that there wasn't more that you were adding to the definition
that I didn't -- .
Vice Chair Russell: No, it's just for preparation and delivery. So if a food truck
were there, it follows the same rules as everything else on site. It can prepare and
Uber Eats can deliver, but it's not for people to congregate.
Commissioner Carollo: No, no, no, wait, wait, wait. Are we asking a minimum size
lot that's empty for this or is that a new requirement that we're putting in?
Commissioner Reyes: That's right. Where can they establish themselves because
they -- what they said is that they're going to establish themselves in the parking lot
that they own.
Vice Chair Russell: The question's been called. We need to open up the
conversation again if you want to ask further questions. So the question's been
called.
Commissioner Reyes: No, no, no, no. The thing is I'm just clarifying.
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Vice Chair Russell: No. I --
Commissioner Reyes: Claring what they told me.
Vice Chair Russell: Questions for the City Attorney and/or Building or Planning. If
anyone can answer the Commissioner's question, please?
Ms. Mendez: I don't believe we have a minimum lot size on here, but I'm double-
checking.
Commissioner Carollo: That came up because he mentioned that fanners' market
and with farmers' market there was a minimum requirement of 5,000 square feet --
Commissioner Reyes: Yes. Because they have --
Commissioner Carollo: -- of actual -- of open space.
Vice Chair Russell: Right. But this shouldn't matter because there's no people
walking around. It's just a container or trailer that's preparing food that then gets
delivered.
Commissioner Carollo: Container?
Vice Chair Russell: It could be.
Commissioner Carollo: Whoa, whoa, whoa, whoa. Container? What kind of
container?
Commissioner Reyes: It's a movable.
Commissioner Carollo: Is the container going to have axles?
Vice Chair Russell: All right.
Commissioner Reyes: Wheels.
Commissioner Carollo: You can't put axles on containers, by the way.
Vice Chair Russell: Are we ready to vote on this item on first reading? Any further
discussion? All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed?
Commissioner Carollo: Only on first reading.
Commissioner Reyes: Only first reading.
Commissioner Carollo: Until we include the changes that we discussed here.
Vice Chair Russell: Thank you very much. Motion passes.
Mr. Hannon: And Chair, just for record FR.1 passed as is and FR.2 passed as
amended.
Vice Chair Russell: That is correct. Thank you vet), much.
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FR.2 ORDINANCE First Reading
8696
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING CHAPTER 31/ARTICLE II OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS
BUSINESS REGULATIONS/LOCAL BUSINESS TAX (BTR)," MORE
PARTICULARLY BY AMENDING SECTION 31-51, TITLED "FOOD
TRUCKS OPERATING ON PRIVATE LAND," TO ESTABLISH A
PILOT PROGRAM FOR APP-BASED MEAL PRODUCTION ON
PRIVATE LAND; CONTAINING A SUNSET PROVISION;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
MOTION TO: Pass on First Reading with Modification(s)
RESULT: PASSED ON FIRST READING WITH MODIFICATION(S)
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes
ABSENT: Watson
Note for the Record: For minutes referencing Item FR.2, please see "Public
Comments for All Item(s)" and Item FR.1.
END OF FIRST READING ORDINANCES
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AC.1
8694
Office of the City
Attorney
AC - ATTORNEY -CLIENT SESSIONS
ATTORNEY -CLIENT SESSION
UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA
STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE
CONDUCTED AT THE MARCH 11, 2021 MIAMI CITY
COMMISSION MEETING. THE PERSON PRESIDING OVER THE
COMMISSION MEETING WILL ANNOUNCE THE
COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION,
CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING
THE PENDING LITIGATION IN THE MATTERS OF ERNESTO
CUESTA, ET AL., VS. THE CITY OF MIAMI, ET AL., CASE NO. 20-
006298 CA (43), PENDING IN THE ELEVENTH JUDICIAL CIRCUIT
COURT IN AND FOR MIAMI-DADE COUNTY, CITY OF MIAMI VS.
ERNESTO CUESTA, ET AL., CASE NO. 3D21-532, PENDING IN
THE FLORIDA THIRD DISTRICT COURT OF APPEAL, AND WEST
FLAGLER ASSOCIATES, LTD. VS. THE CITY OF MIAMI, CASE
NO. 19-CV-21670-RNS, PENDING IN THE UNITED STATES
DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA,
TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT
OF THE MEETING WILL BE CONFINED TO SETTLEMENT
NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO
LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL
BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON
THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT)
AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE
SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY
COMMISSION WHICH INCLUDE VICE-CHAIRMAN KEN RUSSELL
AND COMMISSIONERS ALEX DIAZ DE LA PORTILLA, JOE
CAROLLO, MANOLO REYES, AND JEFFREY WATSON; CITY
MANAGER ART NORIEGA, V; AND ATTORNEY RAQUEL
RODRIGUEZ. A CERTIFIED COURT REPORTER WILL BE
PRESENT TO ENSURE THAT THE SESSION IS FULLY
TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC
UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING
LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT
SESSION, THE REGULAR COMMISSION MEETING WILL BE
REOPENED AND THE PERSON PRESIDING OVER THE
COMMISSION MEETING WILL ANNOUNCE THE TERMINATION
OF THE ATTORNEY -CLIENT SESSION.
MOTION TO: Withdraw
RESULT: WITHDRAWN
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Carollo, Reyes
ABSENT: Diaz de la Portilla, Watson
Note for the Record: For minutes referencing Item AC.1, please see "Order of the
Day."
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AC.2
8695
Office of the City
Attorney
ATTORNEY -CLIENT SESSION
UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA
STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE
CONDUCTED AT THE MARCH 11, 2021 MIAMI CITY
COMMISSION MEETING. THE PERSON PRESIDING OVER THE
COMMISSION MEETING WILL ANNOUNCE THE
COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION,
CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING
THE PENDING LITIGATION IN THE MATTERS OF CHALKS
AIRLINE, INC. V. CITY OF MIAMI, CASE NUMBER 17-023207-CA-
01, AND CHALKS AIRLINE, INC. AND NAUTILUS ENTERPRISES,
LLC V. MIAMI SPORTS AND EXHIBITION AUTHORITY AND CITY
OF MIAMI, CASE NUMBER 18-030887-CA-01, BOTH PENDING IN
THE ELEVENTH JUDICIAL CIRCUIT COURT IN AND FOR MIAMI-
DADE COUNTY, TO WHICH THE CITY IS PRESENTLY A PARTY.
THE SUBJECT OF THE MEETING WILL BE CONFINED TO
SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS
RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE
MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS
SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES
PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER.
THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE
CITY COMMISSION, WHICH INCLUDES VICE-CHAIRMAN KEN
RUSSELL AND COMMISSIONERS ALEX DIAZ DE LA PORTILLA,
JOE CAROLLO, MANOLO REYES, AND JEFFREY WATSON; CITY
MANAGER ART NORIEGA, V; CITY ATTORNEY VICTORIA
MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND
BARNABY L. MIN; AND SENIOR ASSISTANT CITY ATTORNEYS
CHRISTOPHER A. GREEN, GEORGE K. WYSONG III, AND KERRI
L. MCNULTY. A CERTIFIED COURT REPORTER WILL BE
PRESENT TO ENSURE THAT THE SESSION IS FULLY
TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC
UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING
LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT
SESSION, THE REGULAR COMMISSION MEETING WILL BE
REOPENED AND THE PERSON PRESIDING OVER THE
COMMISSION MEETING WILL ANNOUNCE THE TERMINATION
OF THE ATTORNEY -CLIENT SESSION.
MOTION TO: Withdraw
RESULT: WITHDRAWN
MOVER: Joe Carollo, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes
ABSENT: Watson
Note for the Record: For additional minutes referencing Item AC.2, please see
"Order of the Day."
Victoria Mendez (City Attorney): Chairman --
Commissioner Carollo: That press conference --
Ms. Mende: Chairman and Commissioners, I was going to offer but I know that you
have to --1 was going to offer that 1 could reset the shade meeting if you like for --
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Vice Chair Russell: If it's not time sensitive --
Ms. Mendez: -- for March 25th. I would move it. I have to read the script to move
it.
Vice Chair Russell: That's the --
Ms. Mendez: Chalk's .
Vice Chair Russell: -- Chalk's attorney -client session. That would be great. And
then -- but we still have the executive session to do. You'd like to do that today, Mr.
Manager?
Arthur Noriega (City Manager): Yes, Mr. Chairman. Absolutely.
Vice Chair Russell: Okay. So, we'll do that right when we come back from lunch.
We'll -- we'll go straight to executive session and then we'll meet back here for the
only remaining discussion item. Sounds like a pocket discussion, Commissioner?
Commissioner Carollo: Yes.
Vice Chair Russell: All right. Do you want to put a title on it or anything?
Commissioner Carollo: PH (Public Hearing) -- well, it's street closures.
Commissioner Diaz de la Portilla: Street closures.
Vice Chair Russell: PI.6, street closures. And that'll be the only remaining item on
the agenda if we can just get through boards and committees before lunch.
Todd B. Hannon (City Clerk): And I just -- just need four Commissioners while we
do this.
Vice Chair Russell: All right and do we need -- Madam City Attorney, do we need a
vote on moving the Chalk's shade meeting?
Ms. Mendez: No. Because it -- you need to vote to not hear it today, but then 1 have
to do the request after.
Vice Chair Russell: So, is that a motion to withdraw or defer?
Ms. Mendez: It's a motion to withdraw and then I'm going to request it again.
Vice Chair Russell: All right. So, moved by Commissioner Carollo --
Commissioner Reyes: Second.
Commissioner Diaz de la Portilla: Second.
Vice Chair Russell: -- seconded by the Chair to withdraw AC.2. All in favor, say
"aye?"
The Commission (Collectively): Aye.
Vice Chair Russell: The motion passes.
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END OF ATTORNEY -CLIENT SESSIONS
DI - DISCUSSION ITEMS
DI.1 DISCUSSION ITEM
8590
Commissioners
and Mayor
A DISCUSSION ITEM BASED ON THE STATUS OF THE
LEGISLATIVE SESSION.
FRESULT: DISCUSSED
Victoria Mendez (City Attorney): Chairman?
Vice Chair Russell: Anything else, Mr. Manager?
Ms. Mendez: Chairman, on the legislative priorities, --
Arthur Noriega (City Manager): Oh yeah, there's another item too.
Ms. Mendez: --1 wanted to request your help in lobbying against HB 1129 (House
Bill) and the Senate Bill, the accompanying Senate Bill 1678, that wants to increase
the caps on sovereign immunity, and it could be devastating to all of our counties
and cities in Florida. And I wanted to ask you to add that to the legislative priority
of the City.
Vice Chair Russell: Is there a motion?
Commissioner Diaz De la Portilla: I'll move it.
Commissioner Caroilo: Motion. Second.
Vice Chair Russell: Moved by Commissioner Diaz de la Portilla, second by
Commissioner Caroilo. Any fiirther discussion?
Commissioner Diaz De la Portilla: Well, I want to add something else for legislative
priorities also.
Vice Chair Russell: We can we do that all in -- we'll capture it all in one motion.
Commissioner Diaz De la Portilla: Yeah. At one -- this -- I think it's Senate Bill 90.
They want to purge the absentee ballot list and have people -- force people to ask
again for an absentee ballot to be sent to their homes, even though they already,
requested it before that fbr a two-year period. So if people request, it's almost a two-
year period where you get absentee ballots during the two-year cycle that you have
elections. This is a bill, Senate Bill 90, I believe is the number. I may have the
number wrong because I don't remember right now, I think it's 90, that purges that
list, and Miami -Dade County will lose about 100,000 people that are already on that
permanent list. 1 think it disenfranchises our seniors, in particular, that are already
expecting to receive an absentee ballot this election cycle. And it sort of allows -- it
goes into effect July 1st, so everything that happens before then -- there's a whole
bunch of elections in Dade County before then, right? Coral Gables and others.
And then those are -- remain on the list, but then the elections that occur after July
1st, the November elections, Hialeah, Miami and others, will be purged. So people
would have to go and then request an absentee ballot, and that's sort of a difficult
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process. An additional legal impediment they're creating for our elderly voters in
particular. So 1'd like to make that a priority to defeat Senate Bill 90.
Vice Chair Russell: All right. We'll make that an amendment to the current motion
on the floor. You're the mover? Does the seconder agree?
Commissioner Carollo: Yes.
Vice Chair Russell: 100 percent. I do as well. Shall we call this P1.4 (Pocket Item),
Mr. Clerk?
Todd B. Hannon (City Clerk): I have it as a five which you --
Vice Chair Russell: Okay, four could be the --
Mr. Hannon: Yes, the Manager's.
Vice Chair Russell: -- (UNINTELLIGIBLE). So P1.5 would be legislative item
amendments. So, are there any other legislative initiatives that you'd like to --
Commissioner Reyes: No, no. I'm -- I illSt want to ask the same line of thought that
of Commissioner Diaz de la Portilla -- on the absentee ballot and I think we should
also be aware that our Election Department doesn't purge their records as they
should. You see mine -- and I have a good example for that. This past election I
received -- we received, at home, the absentee ballot of my mother-in-law who had
been dead for six years. Previous election with --
Vice Chair Russell: Was it a request form or the ballot?
Commissioner Reyes: No, no, the ballot, the ballot. We got the ballot. I turned it
hack. I mean, I wrote this lady has been dead, I mean, since the date that she was
dead. Between this election and the other election there had been over -- there have
been elections, including mine. We never received any absentee ballot for her. But
in this election, past November, we received her absentee ballot that was mailed to
my house, of where she used to live. She used to live with us. And then later on at
that occurred, I received a notification -- I mean, a letter, asking my mother-in-law
to certijv -- I mean, verify her address, her mailing address, you see? I mean, I want
to know why -- who put her back in the list? 1 know something happened there, you
see. So, I don't know, Diaz de la Portilla, I don't know what -- if we can include
something, or to require that they purge, really purge, or somebody to come and
oversee that. Because obviously, if that had gone to any other place, it could have
been used for anybody else. If 1 wanted it, I could have used it. You see what 1
mean?
Vice Chair Russell: Yeah. I don't believe they should purge anything until those
who have signed up fulfill their full term of when they expect to receive their
absentee ballots. Because if someone has signed up for the four-year period, I think
is --
Commission Reyes: Yes, but --
Vice Chair Russell: -- that's the max you can do. Two-year period --
Commissioner Carollo: Two years.
Commissioner Reyes: -- (UNINTELLIGIBLE), but they should purge --
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Vice Chair Russell: -- (UNINTELLIGIBLE), and it's changed before that, they won't
know to reapply.
Commissioner Reyes: Those people are deceased --
Vice Chair Russell: Some are. So I think there are inaccuracies need to be --
Commissioner Reyes: Gentlemen, get them out.
Vice Chair Russell: Right.
Commissioner Reyes: But they did. They did until this election. That's what really
pisses me off. Until this election. 1 didn't -- we didn't receive any absentee ballot
until this past election.
Vice Chair Russell: So I think your issue is very specific with the supervisor of
elections and I'd be --
Commissioner Reyes: Yes, I may not --
Vice Chair Russell: -- happy to find out what happened and why that happened.
Commissioner Reyes: No, what happened and if that is the only case, which I doubt.
Vice Chair Russell: Right.
Commissioner Reyes: Which I doubt.
Vice Chair Russell: Yeah. But I'm not in favor of a total purge early. I think that
the way the Bill is currently going through the State legislature could actually
disenfranchise our voters.
Commissioner Reyes: I agree with you, but they should be on top of those people. I
mean, anybody that notified. We notified of her death and we stopped receiving
absentee ballots. for her.
Vice Chair Russell: Thank you.
Commissioner Reyes: -- until last election.
Vice Chair Russell: Are there any more changes to our legislative priorities?
Commissioner Carollo: None.
Vice Chair Russell: None? I'll open for public comment on P15, which is the
legislative priorities. No one here to comment publicly. I'll close public comment.
Any further discussion? All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell. Motion passes. Thank you.
Ms. Mendez: Chairman.
Vice Chair Russell: Mr. Clerk.
Ms. Mendez: Go ahead, Mr. Clerk.
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Mr. Hannon: Oh, I'm sorry, Chair. I was just going to let you know that I only need
less than five minutes for the Boards and is DI.1 (Discussion Item) still on the
agenda, or was that discussed?
Vice Chair Russell: DLI is what we just got through, so that is finished.
DI.2 DISCUSSION ITEM
8438 A DISCUSSION ITEM REGARDING HOMELESSNESS.
Commissioners
and Mayor
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes
ABSENT: Watson
Note for the Record: Item DL2 was deferred to the March 25, 2021, City
Commission Meeting.
Vice Chair Russell: Commissioner, what would -- would you like to do anything with
the current DL2 (Discussion Item), 3, and 4 that are your items?
Commissioner Carollo: Mr. Manager, are we ready to bring these up now, or do you
need until the next meeting?
Arthur Noriega (City Manager): We could bring some aspects of it up. I -- I'd rather
you and I sit one more time.
Commissioner Carollo: Okay.
Mr. Noriega: And tomorrow, (UNINTELLIGIBLE) session --
Commissioner Carollo: All right, then these will be deferred for the next meeting.
Vice Chair Russell: DI.2, 3, and 4 have been moved for deferral to March 25th. Is
there a second?
Commissioner Reyes: I second.
Commissioner Carollo: Yes.
Vice Chair Russell: Moved by Commissioner Carollo, second by Commissioner
Reyes. Any further discussion?
Commissioner Carollo: None.
Vice Chair Russell: All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes. Thank you very much.
Commissioner Carollo: Okay.
City ofMiami
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DI.3 DISCUSSION ITEM
8569
Commissioners
and Mayor
A DISCUSSION REGARDING LAND ACQUISITION FOR
AFFORDABLE HOUSING HOMEOWNERSHIP.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes
ABSENT: Watson
Note for the Record: Item DL3 was deferred to the March 25, 2021, City
Commission Meeting.
Note for the Record: For minutes referencing Item DL3, please see Item DL2.
DI.4 DISCUSSION ITEM
8568 A DISCUSSION REGARDING LAND ACQUISITION FOR PARKS.
Commissioners
and Mayor
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes
ABSENT: Watson
Note for the Record: Item DL4 was deferred to the March 25, 2021, Cit)
Commission Meeting.
Note for the Record: For minutes referencing Item DL4, please see Item DI.2.
END OF DISCUSSION ITEMS
City, of Miami
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BC.1
8151
Office of the City
Clerk
BC - BOARDS AND COMMITTEES
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE AFFORDABLE HOMEOWNERSHIP LOAN
PROGRAM TASK FORCE FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Luis Mata Commissioner Joe Carollo
ENACTMENT NUMBER: R-21-0106
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes
ABSENT: Watson
Commissioner Diaz de la Portilla: We have some waivers, I think, maybe the Clerk
wants to do also --
Victoria Mendez (City Attorney): And if I could read the two scripts before you go
as well.
Vice Chair Russell: Let's let the Boards and Committees go. Then you can read the
scripts. We only need -- you said you need all four of us?
Todd B. Hannon (City Clerk): Yes, sir.
Vice Chair Russell: Boards and Committees.
Mr. Hannon: Thank you, Chair. BC.1, Commissioner Carollo will be appointing
Luis Mata (phonetic).
Vice Chair Russell: Is there a motion? Moved by --
Commissioner Carollo: Moved.
Vice Chair Russell: -- moved by the Chair, seconded by -- I'm sorry, moved by
Commissioner Carollo, seconded by the Chair. All in favor say, "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes.
City ofMiami
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BC.2
8152
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
City of Miami
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BC.3
6672
Office of the City
Clerk
BC.4
8664
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS
AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Ken Russell
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
City ofMiami
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BC.5
8699
Office of the City
Clerk
BC.6
8531
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE EMPLOYMENT
REQUIREMENTS BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO
MERCEDES RODRIGUEZ AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT
TRUST.
ENACTMENT NUMBER: R-21-0107
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes
ABSENT: Watson
Todd B. Hannon (City Clerk): BC.5 is an employment waiver for Mercedes
Rodriguez (phonetic).
Vice Chair Russell: Is there a motion?
Commissioner Diaz De la Portilla: Moved.
Vice Chair Russell: Moved by Commissioner Diaz la Portilla. Seconded by the
Chair. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passed.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE
APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVILIAN
INVESTIGATIVE PANEL FORA TERM AS DESIGNATED HEREIN.
APPOINTEE:
Merdochey LaFrance
ENACTMENT NUMBER: R-21-0108
NOMINATED BY:
Civilian Investigative Panel
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BC.7
8533
Office of the City
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MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes
ABSENT: Watson
Todd B. Hannon (City Clerk): BC.6. Mayor Suarez will be appointing Merdochey
LaFrance.
Vice Chair Russell: Is there a motion?
Commissioner Diaz De la Portilla: Motion.
Commissioner Carollo: Second.
Vice Chair Russell: Moved by Commissioner Diaz Portilla, second by
Commissioner Carollo. All in favor, say "aye."
The Commission (Collectively): Aye
Vice Chair Russell: Motion passes.
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:
Commissioner Alex Diaz de la Portilla
Commissioner Jeffrey Watson
Commission -At -Large
City ofMiami
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City Commission
Meeting Minutes March 11, 2021
BC.8
6958
Office of the City
Clerk
BC.9
8153
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE CODE COMPLIANCE TASK FORCE FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS
AS DESIGNATED HEREIN.
APPOINTEES:
(Alternate Member)
(Alternate Member)
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Alex Diaz de la Portilla
Commissioner Jeffrey Watson
Commission -At -Large
Commission -At -Large
Commission -At -Large
City ofMiami
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Meeting Minutes March 11, 2021
BC.10
8667
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN
AND QUALITY OF LIFE COMMITTEE FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE:
Cathia Darling
ENACTMENT NUMBER: R-21-0109
NOMINATED BY:
City Manager Arthur Noriega, V
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes
ABSENT: Watson
Todd B. Hannon (City Clerk): BC.10. The City Manager will be appointing Cathia
Darling.
Commissioner Carollo: Moved.
Commissioner Reyes: Second.
Vice Chair Russell: Moved by Commissioner Carollo, seconded by Commissioner
Reyes, all in favor say, aye.
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes.
City of' Miami
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Meeting Minutes March 11, 2021
BC.11
8534
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 Alex Diaz de la Portilla
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
City ofMiami
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City Commission
Meeting Minutes March 11, 2021
BC.12
5976
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD
FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Alex Diaz de la Portilla
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
Commissioner Jeffrey Watson
IAFF
FOP
AFSCME 1907
AFSCME 871
City ofMiami
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City Commission
Meeting Minutes March 11, 2021
BC.13
8154
Office of the City
Clerk
BC.14
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 Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Alex Diaz de la Portilla
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
City ofMiami
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Meeting Minutes March 11, 2021
BC.15
8267
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:
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Jeffrey Watson
City ofMiami
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Meeting Minutes March 11, 2021
BC.16
8269
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY
INDIVIDUALS AS MEMBERS OF THE
COMPETITIVENESS FOR TERMS AS
APPOINTEES:
COMMISSION APPOINTING CERTAIN
MAYOR'S COUNCIL ON GLOBAL
DESIGNATED HEREIN.
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
Commission -At -Large
Commission -At -Large
City ofMiami
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City Commission
Meeting Minutes March 11, 2021
BC.17
8155
Office of the City
Clerk
BC.18
8156
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE MIAMI COMPLETE COUNT COMMITTEE FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE MIAMI FOREVER BOND PROGRAM CITIZENS'
OVERSIGHT BOARD FORA TERM AS DESIGNATED HEREIN.
APPOINTEE:
N. Patrick Range, II
ENACTMENT NUMBER: R-21-0110
NOMINATED BY:
Commissioner Jeffrey Watson
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes
ABSENT: Watson
Todd B. Hannon (City Clerk): BC.18. Commissioner Watson will be appointing N.
Patrick Range.
Commissioner Carollo: Move.
City ofMiami
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BC.19
7261
Office of the City
Clerk
BC.20
8670
Office of the City
Clerk
Commissioner Reyes: Second.
Vice Chair Russell: Moved by Commissioner Carollo, seconded by Commissioner
Reyes. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE MIAMI RIVER COMMISSION FOR A TERM AS
DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Commission -At -Large
RESULT: NO ACTION TAKEN
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE MIAMI TECHNOLOGY COUNCIL FOR TERMS
AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Leigh -Ann Buchanan Mayor Francis Suarez
(Community Development)
LaShinda Moore
(Educational Structures related to
Technologies)
Mayor Francis Suarez
Cesar Fernandez Commissioner Alex Diaz de la Portilla
(Technology Business)
Daniel Stabile
(Economics)
ENACTMENT NUMBER: R-21-0111
Commissioner Joe Carollo
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3693
Office of the City
Clerk
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Alex Diaz de Ia Portilla, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes
ABSENT: Watson
Todd B. Hannon (City Clerk): BC.20. Commissioner Diaz de la Portilla will be
appointing Cesar Fernandez in the category technology businesses. Commissioner
Carollo will be appointing Daniel Stabile in the category economics. Mayor Suarez
will be appointing Leigh -Ann Buchanan in the category community development and
Mayor Suarez will also be appointing Dr. LaShinda Moore in the category
educational structures, opportunities related to technologies.
Commissioner Carollo: Moved.
Commissioner Diaz De la Portilla: Second.
Vice Chair Russell: Moved by Commissioner Carollo, seconded by Commissioner
Diaz de la Portilla. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell.: Motion passes.
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
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Meeting Minutes March 11, 2021
BC.22
5453
Office of the City
Clerk
BC.23
8668
Office of the City
Clerk
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:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Alex Diaz de la Portilla
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
Commissioner Jeffrey Watson
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:
Lamell McMorris Mayor Francis Suarez
ENACTMENT NUMBER: R-21-0112
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BC.24
7246
Office of the City
Clerk
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes
ABSENT: Watson
Todd B. Hannon (City Clerk): BC.23 [sic]. Mayor Suarez will be appointing
Reverend Gaston E. Smooth [sic].
Commissioner Carollo: Move.
Commissioner Reves: Second.
Vice Chair Russell: Moved by Commissioner Carollo, seconded by Commissioner
Reves. All in favor say, "aye."
The Commission (Collectively): Aye.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR A
TERM AS A DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Gaston Smith Mayor Francis Suarez
ENACTMENT NUMBER: R-21-0113
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes
ABSENT: Watson
Todd B. Hannon (City Clerk): BC.24. Mayor Suarez will be appointing Lamell
McMorris.
Commissioner Carollo: Move.
Commissioner Reyes: Second.
Vice Chair Russell: Moved by Commissioner Carollo. Seconded by Commissioner
Reyes. All in favor, say "aye."
The Commission (Collectively): Aye.
Mr. Hannon: That concludes the boards and committees. Thank you, Chair.
END OF BOARDS AND COMMITTEES
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Meeting Minutes March 11, 2021
PART B: PZ - PLANNING AND ZONING ITEM(S)
PZ.1 ORDINANCE
5310 MAY BE DEFERRED
First Reading
Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
and Mayor- PZ ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21"); MORE
SPECIFICALLY, BY AMENDING ARTICLE 1, SECTION 1.2, TITLED
"DEFINITIONS OF TERMS," TO MODIFY THE DEFINITIONS OF
ATTAINABLE MIXED -INCOME HOUSING AND WORKFORCE
HOUSING; BY AMENDING ARTICLE 3, SECTION 3.15, TITLED
"AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING
SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO
ADD NEW INCENTIVES INCLUDING A FLOOR LOT RATIO ("FLR")
BONUS AND NEW MINIMUM UNIT SIZES FOR THE DEVELOPMENT
OF PROJECTS, PROVIDING HOUSING FOR MIXED -INCOME
POPULATIONS AT OR BELOW ONE HUNDRED FORTY PERCENT
(140%) OF AREA MEDIAN INCOME AS ESTABLISHED BY THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, AND TO PERMIT AFFORDABLE AND ATTAINABLE
MIXED -INCOME DEVELOPMENTS ABUTTING A T3, "SUB -URBAN
ZONE," TRANSECT ZONE BY PROCESS OF EXCEPTION WITH CITY
COMMISSION APPROVAL; CLARIFYING LANGUAGE WITHIN MIAMI
21; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Carollo, Reyes
ABSENT: Diaz de la Portilla, Watson
Note for the Record: For 'ninnies referencing Item PZ.1, please see "Order of the
Day."
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Meeting Minutes March 11, 2021
PZ.2 ORDINANCE Second Reading
7887
Department of
Planning
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, PURSUANT TO AN EXPEDITED STATE
REVIEW PROCESS ESTABLISHED BY SECTION 163.3184(3),
FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE
DESIGNATION OF APPROXIMATELY 87.646 ACRES OF REAL
PROPERTIES LOCATED BETWEEN 1-195 ON THE NORTH, 1-95 ON
THE WEST, NORTHWEST 29TH STREET ON THE SOUTH, AND
NORTH MIAMI AVENUE ON THE EAST, MIAMI, FLORIDA, FROM
"DUPLEX RESIDENTIAL" TO "HIGH DENSITY MULTIFAMILY
RESIDENTIAL" AND "RESTRICTED COMMERCIAL"; FROM "LOW
DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED
COMMERCIAL"; FROM "MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL" TO "HIGH DENSITY MULTIFAMILY RESIDENTIAL,"
"RESTRICTED COMMERCIAL," AND "GENERAL COMMERCIAL";
FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO
"RESTRICTED COMMERCIAL" AND "GENERAL COMMERCIAL";
FROM "RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL";
AND FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES" TO "GENERAL COMMERCIAL";
MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Carollo, Reyes
ABSENT: Diaz de la Portilla, Watson
Note for the Record: Item PZ.2 was deferred to the March 25, 2021, City
Commission Meeting.
Note for the Record: For minutes referencing Item PZ.2, please see "Order of the
Day."
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Meeting Minutes March 11, 2021
PZ.3 ORDINANCE Second Reading
7888
Department of
Planning
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE
ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY
91.57 ACRES OF REAL PROPERTIES LOCATED BETWEEN
INTERSTATE 195 ON THE NORTH, INTERSTATE 95 ON THE WEST,
NORTHWEST 29 STREET ON THE SOUTH, AND NORTH MIAMI
AVENUE ON THE EAST, MIAMI, FLORIDA FROM "T3-O", SUBURBAN
TRANSECT ZONE - OPEN, TO "T4-R", URBAN CORE TRANSECT
ZONE — RESTRICTED, AND "T4-L", GENERAL URBAN TRANSECT
ZONE - LIMITED; FROM "T4-R", GENERAL URBAN TRANSECT ZONE
- RESTRICTED, TO "T5-L", URBAN CENTER TRANSECT ZONE —
LIMITED, AND "T5-O", URBAN CENTER TRANSECT ZONE - OPEN;
FROM "T4-L", GENERAL URBAN TRANSECT ZONE - LIMITED, TO
"T4-R", GENERAL URBAN TRANSECT ZONE - RESTRICTED, "T5-L",
URBAN CENTER TRANSECT ZONE — LIMITED, AND "T5-O", URBAN
CENTER TRANSECT ZONE - OPEN; FROM "T4-O", GENERAL
URBAN TRANSECT ZONE - OPEN, TO "T5-L", URBAN CENTER
TRANSECT ZONE — LIMITED; FROM "T5-O", URBAN CENTER
TRANSECT ZONE - OPEN, TO "T6-8-O", URBAN CORE TRANSECT
ZONE - OPEN; AND FROM "CI", CIVIC INSTITUTIONAL TRANSECT
ZONE, TO "T5-O", URBAN CENTER TRANSECT ZONE — OPEN, AND
"T6-8-O", URBAN CORE TRANSECT ZONE - OPEN, ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Carollo, Reyes
ABSENT: Diaz de la Portilla, Watson
Note for the Record: Item PZ.3 was deferred to the March 25, 2021, City
Commission Meeting.
Note for the Record: For minutes referencing Item PZ.3, please see "Order of the
Day" and "Public Comments for All Itefn(s). "
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Meeting Minutes March 11, 2021
PZ.4 ORDINANCE Second Reading
7889
Commissioners
and Mayor - PZ
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, AMENDING ORDINANCE NO. 13114, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("MIAMI 21 CODE"), PURSUANT TO ARTICLE 3, SECTION 3.12.3 OF
THE MIAMI 21 CODE, BY REZONING CERTAIN PARCELS OF
APPROXIMATELY 141.58 ACRES FOR THE CREATION OF THE
"WYNWOOD NORTE NEIGHBORHOOD REVITALIZATION DISTRICT
(NRD-2)" BY CHANGING THE ZONING CLASSIFICATION OF THE
ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED
BETWEEN INTERSTATE 195 ON THE NORTH, INTERSTATE 95 ON
THE WEST, NORTHWEST 29TH STREET ON THE SOUTH, AND
NORTH MIAMI AVENUE ON THE EAST, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED; MODIFYING THE TRANSECT ZONE
REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT
PARCELS AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B",
ATTACHED AND INCORPORATED; MAKING FINDINGS OF FACT;
STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING
EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Carollo, Reyes
ABSENT: Diaz de la Portilla, Watson
Note for the Record: Item PZ.4 was deferred to the March 25, 2021, Chi
Commission Meeting.
Note for the Record: For minutes referencing Item PZ.4, please see "Order of the
Day" and "Public Comments for All ltem(s). "
END OF PLANNING AND ZONING ITEM(S)
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NA.1
8742
City Commission
NA - NON -AGENDA ITEM(S)
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION
PROCLAIMING SOLIDARITY WITH THE "PATRIA Y VIDA"
MOVEMENT TO ENSURE THAT THE WHISPER OF FREEDOM IN
CUBA EMERGES FROM EVERYWHERE AND FURTHER
PROCLAIMS MARCH 6, 2021 AS THE DAY OF "PATRIA Y VIDA"
IN SOLIDARITY WITH THE JUST DEMANDS FOR FREEDOM OF
THE CUBAN PEOPLE.
ENACTMENT NUMBER: R-21-0104
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes
ABSENT: Watson
Vice Chair Russell: Commissioner Reyes, would you like to read P1.1 ? I'll call it
P1.1, your pocket item, into the --
Commissioner Reyes: Yes, sir.
Vice Chair Russell: -- record.
Commissioner Reyes: This is a resolution of the Miami City Commission
proclaiming their solidarity with the Patria y Vida movement to ensure that the
whisper of freedom in Cuba emerges from everywhere and further proclaims March
6th, I mean, 2021 as the day of Patria y Vida in solidarity with the just demand for
freedom of the Cuban people. I'm just going to -- we're going to play --
Vice Chair Russell: The song.
Commissioner Reyes: -- the song.
Vice Chair Russell: (Comments made in Spanish not translated). Is IT (Information
Technology) here to help us with Patria y Vida?
Commissioner Reyes: Patria y Vida. This is about you guys.
Unidentified Speaker: Good morning, Commissioner.
Vice Chair Russell: While we're setting that up, I will open the floor for public
comment. If' there's anyone here who would like to speak on the Patria y Vida
proclamation, now is your chance to please approach the lectern over here, or if'
there's anyone on the phones who would like to speak on this item. Only for this
item.
Audio presentation made.
Commissioner Diaz de la Portilla: Fantastic.
Commissioner Reyes: Mr. Chair --
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Vice Chair Russell: You're recognized.
Commissioner Reyes: -- ifI can explain to those people that don't understand what's
going on. Over 60 years ago, Cuba was taken over a Marxist government that has
oppressed it like no other country in Latin America has seen, and probably only in
countries like China and the oppression of China, Cambodia, and all those places
that they have been really oppressed. And this is a group of people and their slogan
was always, while they were building this communist country, it was patria o muerte,
fatherland or death. And we have now after 60 years, we have this youth movement
of young Cuban artists that they have formed a movement called San Isidro. And
these -- just these singers that most of them are in Cuba and they have, I would say,
the guts to be in opposition and they are singing this song to let everybody know that
there's not going to be more homeland or death, that they demand homeland and life.
And life means freedom. Life means the right of every human being to be able to
move wherever they want to move, to work where they have to work, or do stuff that
they have, and the freedom of speech. And this is what this song is proclaiming.
And this song, what it's doing is, it has this message that is permeating the whole
island. And I can tell you that the regime, it is trembling because they know about
two things, violence and propaganda. And this is had propaganda to them. So, I'm
real proud of these people. And therefore, I want to present this legislation so we
can proclaim today as the day of Patria y Vida.
Commissioner Carollo: I second that motion.
Vice Chair Russell: Thank you. There's a motion by Commissioner Reyes, seconded
by Commissioner Carollo. Would anyone else like to co-sponsor?
Commissioner Carollo: Yeah, I would.
Commissioner Diaz de la Portilla: I'll co-sponsor it too --
Vice Chair Russell: Unanimous co-sponsorship --
Commissioner Diaz de la Portilla: -- of course.
Vice Chair Russell: -- of those on the dais please, Mr. Clerk. Commissioner
Carollo, you're recognized.
Commissioner Carollo: Thank you. Now, back up in last December before the
pandemic. Gente de Zona were going to sing at Bayfront Park. Pitbull had talked to
them, but hadn't talked to the Trust to get permission. We have the last say in all the
different artists that would sing. In fact, we were the ones who recruited the vast
majority of the artists that sung there the last time that we had a New Year's shindig
before the pandemic. And Gente de Zona ended up not singing at the time because
through some of the trips they have made to Cuba, they were bullied by the regime to
have to let some of the relatives of the Castros go up on stage and -- with them and
participate. It is refreshing to see that a group like this and others, as the song that
you saw there, there were several groups that formed part of it. It is refreshing to
see that they have taken the step of confronting that horrible dictatorship with
courage and have come with a song like this. Therefore, as I stated in person to one
of their closest friends, they can sing all they want in Miami when we open up
Fridays in Little Havana again. They'll surely be welcomed to sing there, and in
Bayfront Park also. We have an obligation in the City of Miami, the City of -- that
has stood out among all the cities of the United States and truly been the beacon for
all those that were looking and are looking for refuge from oppress governments,
oppress narco-dictatorships. And we have an obligation to, not only as we done
throughout the years, expose those regimes, but at the same time, to welcome those
individuals and help them, so they can become productive while they're here, and
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NA.2
8746
City Commission
that when their homelands are free, they could be productive citizens there and
friends of the United States. I'm very supportive of this resolution brought by my
colleague, Commissioner Reyes, and they certainly are welcome to sing in any of our
Commissioner Reyes: Absolutely.
Commissioner Carollo: -- governmental facilities in Miami.
Vice Chair Russell: Thank you, Commissioner. Are there any further comments
from the dais? All in favor of the item say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed?
Commissioner Reyes: Thank you very much for this motion.
Vice Chair Russell: Motion passes. We have now proclaimed March 6, 2021, as the
day of Patria y Vida. Congratulations. Thank you.
DISCUSSION ITEM
DISCUSSION BY COMMISSIONER DIAZ DE LA PORTILLA
REGARDING THE CITY'S EMERGENCY RENTAL ASSISTANCE
PROGRAM.
RESULT: DISCUSSED
Vice Chair Russell: We'll move on to the regular agenda now. But before we do, I'd
like to add one more pocket item. The Administration would like to add PI.2 (Pocket
Item) with regard to emergency rental. Is it a discussion item or an action item? I
believe it's a discussion item that the administration is seeking action on; am I
correct? Regarding the emergency rental program. All right. We'll take that up
later.
[Later...]
Commissioner Reyes: Okay, what else?
Vice Chair Russell: All right. So we are moving right along. Am I mistaken --
Arthur Noriega (City Manager): Mr. Chair --
Vice Chair Russell: -- that we have concluded the business business? What am I
missing?
Mr. Noriega: No. Mr. Chair. We do have a -- if I may, we do have a pocket item on
the rental assistant program.
Vice Chair Russell: Thank you very much. So there's a pocket item. There's also an
attorney -client session that we would take right after lunch. And of course, the
discussion items as well. So let's start with the pocket item from the administration
regarding --
Commissioner Diaz De la Portilla: The --
Vice Chair Russell: -- rental assistance.
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Commissioner Diaz De la Portilla: If1 may Mr. Chair.
Vice Chair Russell: You are recognized.
Commissioner Diaz De la Portilla: Yeah. On the rental assistance pocket item, I
have a number of issues that I want to bring up. We discussed yesterday during my
briefing. You know, we had simultaneous briefings yesterday. You know that, Mr.
Chair?
Vice Chair Russell: Yes, sir.
Commissioner Diaz De la Portilla: Okay. Good.
Commissioner Carollo: What was that?
Commissioner Diaz De la Portilla: We had a briefing at the same time.
Vice Chair Russell: It was weird.
Commissioner Diaz De la Portilla: Mr. Chairman wanted to go last and I've always
gone last and it's kind of like -- we had this little debate yesterday as to who would
get briefed last. Anyway, the rental assistance program that as was presented --
Commissioner Carollo: Why do you guys want to go last? You believe that last
shall be first or --
Commissioner Diaz De la Portilla: Of course, always. That way we know what's
happening. But what's important is this, the rental assistance program as presented
to me yesterday, does not really match what the federal government -- the
expansiveness of the federal government's program. So we have some concerns
(UNINTELLIGIBLE) somewhat of an extended conversation about the rental
assistance program. I don't know if you want to take it up now, before lunch?
Commissioner Carollo: Let's take it up after lunch.
Commissioner Diaz De la Portilla: I think so-- that's what I think because it's going
to be a debate. 1 think everybody's going to have an opinion on this and I think if we
take it up now, it's going to drag way past lunch.
Vice Chair Russell: Got it. We have 30 minutes to lunch. We can take up the
discussion items instead --
Commissioner Diaz De la Portilla: But also -- I also would like to request if we
could do like a little bit of a shorter lunch, right? We did like a four-hour lunch.
We're not in Spain. There's no siesta here. So maybe we do like a two-hour lunch
instead and we can get home early?
Vice Chair Russell.: I said that. All right.
Commissioner Diaz De la Portilla: I think we do it after lunch and we do it -- we
just take a break now and maybe -- just a suggestion --
Vice Chair Russell: We do have a four discussion items.
Commissioner Diaz De la Portilla: Or maybe do those now.
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Vice Chair Russell: So if -- I believe they're Commissioner Carollo's items, aside
from the legislative session update. So let's go ahead and we're going to take up the
pocket item two after lunch. That was the request from Commissioner Diaz de la
Portilla. And then --
Commissioner Carollo: Well, before we go into these items --
Vice Chair Russell: Yes.
Commissioner Carollo: -- 1 have to discuss with the Manager where we're at with
them.
[Later...)
Vice Chair Russell: So the -- we have three remaining items on the agenda. One is
the Management's Emergency Rental Assistance and then we've tabled the other two
legislative items, PI.10 (Pocket Item) and 11, until we get the phone lines back up.
So I will open up for the administration on PI --
Todd B. Hannon (City Clerk): 2.
Vice Chair Russell: -- 2. Thank you very much.
Alfredo Duran (Assistant Director, Department of Housing Community
Development): Good afternoon. Vice Chair, Commissioners, my name is Alfredo
Duran with the Department of Housing Community Development. As you know, on
February 11 th, we approved the allocation of 14 -- just a little bit over $14 million
from the US Treasury Department for our emergency rental program. At the time
the Department felt that we were going to implement that program, but considering
the amount of money involved and the length of time that it would take to ramp up
the capacity of the Department, as well as the necessary technology to manage the
program it was felt that it would he the hest interest of the City to outsource it to a
company, with a track record and with the capacity to be able to operate and -- or
that have operated similar programs in other municipalities. We believe that Nan
McKay, is that company for many reasons. Primarily, their experience in managing
these types of contracts or these types of programs around the country, but they also
bring two unique qualities. One, they are the ones who are operating this program
for the County, making it easier for us to piggyback on that particular contract, and
two, their involvement would ensure that there's no duplication of benefits,
something that is -- the federal government is key on that happening. So, we highly
recommend that you take action on this emergency. Approach the service of Nan
McKay, as recommended by the Manager, so that we can proceed with the program.
Now, I know that you must have questions regarding the program itself so that's
where we're at.
Vice Chair Russell: You're recognized, Commissioner Diaz de la Portilla.
Commissioner Diaz de la Portilla: So, the program, as the Department of Treasury
outlines it, it's a lot broader than what you're proposing. We spoke about this at our
briefing yesterday, correct? And can you hear me okay? Because I have --
Mr. Duran: Yes, you're good.
Commissioner Diaz de la Portilla: -- difficulty with this mask. Yesterday, at our
briefing, we discussed the broad nature of the federal program as the Department of
Treasury outlined it. Which allows for household expenses, it's not only rental
assistance, but things like internet and other household expenses to be included,
where we pay directly to the landlord or to the utility company or to the internet
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company whatever is owed. We first cover the arrears of past rent and then we have
up to three months of future rent that can be covered, and additional expenses that
could be covered, including internet and other -- what's defined, or loosely defined,
by the Department of Treasury, the Federal Department of Treasury, as household
expenses, correct? The way you presented it yesterday to me, in my briefing, was
that it will only cover rent. What I countered with was, why not include things like
internet access that, for poor children in particularly, especially during these
difficult times, that they have access to internet for virtual learning and other things
that they're going out -- learning from school instead of going to school -- learning
from home instead of going to school. I would like for the program to ref -- to reflect
what the national program reflects what it is so that is broader in nature without --
and not to take it to the limit that we give three months of additional rent, when we
can give maybe one month or two months so people get back on their feet, instead of
-- that way we can help more people get back on their feet, instead of giving one
person three months of rent in advanced and say, 'Hey, you know, you don't have to
pay rent for three months." And then they won't pay rent for three months because
they don't have to. But maybe they're getting the job back or they are back on their
feet after a month, two months. So, we have the flexibility, the commissioners can
decide -- the Commission or the City can decide, "Hey, we'll give them two months,
we'll give them one months of rent, and then we'll come back and look at it again."
Does that flexibility exist in the way you envision this program?
Mr. Duran: Absolutely. We agree with you and we -- we looked to take advantage
of whatever provisions that the federal government gives us or whatever flexibility it
does that will -- that will be an advantage to our residents. So I hear you. When the
-- when the guidance came out, after -- after the original program, it did expand on
that and it does include other expenses within the utilities, other expenses, and even
housing stability services. And we will make clear in our program that we will cover
those expenses as well.
Coninussioner Diaz de la Portilla: Right. Because I think the -- the actual language
is housing instability.
Mr. Duran: Correct.
Commissioner Diaz de la Portilla: It can be defined in many ways, right?
Mr. Duran: Correct.
Commissioner Diaz de la Portilla: So, it's very broad.
Mr. Duran: Exactly.
Commissioner Diaz de la Portilla: You guys can come in and say, "Hey, well, all
these things are included within what we consider housing instability."
Mr. Duran: Correct.
Commissioner Diaz de la Portilla: So, the person not only gets to the pay the rent,
but they also get to have basic cable or internet or things that are essential.
Especially in COVID times, that, you know, people may not think that cable matters,
but when you're lonely, when you're older, when you're alone, cable may matter,
right? Basic cable. And of course, when you have children, you can pay the rent
where the kids can access the Internet to go and learn virtually, right? So, the
broadness of the program is important for me, obviously, well -documented. I also
understand that some landlords may, not want to disclose the financials of the
program -- the federal program requires. So, we notify the landlord they have 21
days, if I understand it correctly, we notified them via certified mail, they have 21
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days to respond. And if they don't respond or they responded that they aren't
interested in participating, that we can then pay the tenant directly; is that correct?
Mr. Duran: The program permits that, yes.
Commissioner Diaz de la Portilla: Okay. What -- whether we use Nan McKay or
any other company, what fraud provisions do you have in place to make sure that the
tenant doesn't take the money and run?
Mr. Duran: Yeah. It was our position that we would not go in that direction,
because obviously, if -- if there is a situation where a landlord does not want to
participate, there are certain risk factors of giving the money directly to the tenant.
Therefore, it was felt that -- that the Commission had indicated, or the will of the
Commission was not go in that direction. And if that has changed now, then -- then I
would like to know.
Commissioner Diaz de la Portilla: I'm just asking --
Mr. Duran: Yeah.
Commissioner Diaz de la Portilla: -- the -- the federal program, the federal --
(UNINTELLIGIBLE), the federal -- I'm sorry, I'm doing this, I'm shielding you guys
over there but I -- so I can be better understood. The federal program allows for the
payment to go directly to the tenant.
Mr. Duran: It does.
Commissioner Diaz de la Portilla: The federal program also requires that the
landlord submit certain financial documents --
Mr. Duran: Yes.
Commissioner Diaz de la Portilla: -- that may be cumbersome to some Palm Beach
real estate owner of a building and say, `1'm not -- I -- I don't care. Must evict
them, I'm not going to participate in this program. I don't want to show my
financials." Right?
Mr. Duran: That's right.
Commissioner Diaz de la Portilla: We have to have some sort of provision with the
proper fraud protections in place to allow the tenant to receive the money and pay.
When it comes to utilities and Internet and other things like that, 1 get it. You know,
we pay them directly, right?
Mr. Duran: That's right.
Commissioner Diaz de la Portilla: The City will pay the utility company directly, the
Internet company directly. Things like, let's say, you need to fix the plumbing, some
household expenses. The law also says household expenses. What are those
household expenses? Is mowing the lawn a household expense? Is fixing the
plumbing, a leak, the electricity, are those household expenses? In other words,
quality of life issues that it's not only, "Hey, we're paying your rent." But you have
to live in a place where the toilet doesn't work or where the electricity doesn't work
or your lawn is, you know, overgrown. How you define those household expenses,
are you going to mirror, the federal program, the federal law --
Mr. Duran: Yes.
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Commissioner Diaz de la Portilla: -- so that we don't reinvent the wheel?
Mr. Duran: Correct. Whatever latitude, whatever liberty it gives us, we will to the
letter of that provision permit those payments to be made to that particular tenant.
Commissioner Diaz de la Portilla: Okay. And -- and , Nan McKay, whatever
company you pick is going to make sure that fraud provisions are in place so people
don't abuse it, right?
Mr. Duran: Absolutely.
Commissioner Diaz de la Portilla: Okay.
Mr. Duran: Absolutely.
Commissioner Diaz de la Portilla: Okay.
Vice Chair Russel: Mr. Reyes?
Commissioner Reyes: Mr. Chair, you know, I'm -- I'm listening and I'm wondering, I
didn't know anything about the ability to pay electricity, cable, anything. I mean,
listen, and it's not that I have anything against it, but nobody has informed me or --
or has briefed me in that this program because Pin listening to Commissioner Diaz
de la Portilla. This is a different program than the one that I've been talking about.
Mr. Duran: Yeah. The -- the --
Commissioner Reyes: This is totally, totally different. Because I have been -- people
being asking, and they'd be asking in -- on the news and the radio, well you have a
program. The program that we announced was up to $2, 000 for rent, and the
maximum of $24,000 per household. And it all depends. And -- and we made it
clear during the press conference, that is not that you're going to receive $2,000
thousand, it is going to be up to how much you pay in rent. And this was an eviction
prevention program, you see. I -- I would like to be briefed in all the possi --
probabilities and all possibilities on all everything that have got to be paid. And I
think that is something that we have to decide. I have been explaining to everybody
that had asked -- called my office, I had stuck to the -- the -- the first idea of that
program. And now, I can hear all of this, and I say, well, is this a different program
or is it the same program that is adding all the payments? 1 want to be briefed, and -
- and I think that we should make a decision, you see, what -- what -- how the
program is going to be working.
Mr. Duran: Well, the program -- the program will include a maximum of $ 2,000
per month in rent up to $24, 000 which includes also --
Commissioner Reyes: Yes.
Mr. Duran: -- will include also all other utility and --
Commissioner Reyes: Wait, wait, wait. Within that $2,000, the utilities are included
within the $2,000.
Mr. Duran: That's correct.
Commissioner Reyes: The maximum -- hold on a second. Hold on a second. I want
him to make it clear for me. Within that program, you have $2,000 maximum per
household, right? That includes rent and utilities?
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Mr. Duran: Yes, sir.
Commissioner Reyes: Or is it $2,000-- I mean, let's say that a person that is -- is
paying $1,900 per month, you're going to give them $2 -- 1,900 -- I mean, $2,000
and that will be $1,900 for rent and $100 for utilities? Or -- or it is based only on
rent?
Mr. Duran: No. It's -- it's based on eligibility per month of $2,000, which includes
both rent and utilities.
Commissioner Reyes: Okay. Okay.
Mr. Duran: There're going to be many different situations where --
Commissioner Reyes: I would like to -- you to clarify it because I don't want to be
misinforming anybody, you see. Because I want everybody to have the idea -- I
mean, to have clear what they are being -- I mean, what they're entitled to. How
much we are -- they're going to be able to receive and -- and -- and how they can
divide it. I don't know. But what you're saying is that everybody, all those people
that apply and -- and they qualms, they will be receiving $2, 000 or --
Mr. Duran: Up to $2,000 per month.
Commissioner Reyes: Up to 2 -- listen, everybody's going to ask for the $2,000.
Okay. It's going to be $2,000 regardless of the amount of -- of -- of rent that they
paid. If they pay $1500, they're going to receive $2,000 because the rest is going to
be -- that's what I understood, the rest is going to be -- I mean, they can claim that
that is their household expenses and the -- the cable, whatever it is. I mean, is that
the case?
Mr. Duran: Yes, sir. If you --
Commissioner Reyes: So it's not only for rent, it's, for mortgage?
Mr. Duran: It's not only rent, no. Well, not only rent.
Commissioner Reyes: That -- that is the maximum issued. I want make this clear.
The maximum is $2,000?
Mr. Duran: Yes, sir. Per month.
Commissioner Reyes: And within that $2, 000 --
Mr. Duran: But it's not.
Commissioner Reyes: -- you pay -- you pay -- hold on a second. You pay your rent
and -- and whatever is -- is left -- I mean, if you want also to include in your request,
if you're including your electricity bill and you include your cable bill and you
include all of that, so that is -- every -- I mean, the maxi -- the $2,000 is going to be
for rent and expenses?
Mr. Duran: Right.
Commissioner Reyes: Okay. It is not that you're going to get $2,000 plus your
expenses.
Mr. Duran: No.
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Commissioner Reyes: Okay. I just wanted to know and make it clear because I
wasn't informed that -- what 1-- what 1'd be misinforming is what we heard up there,
and that says it's going to be $2,000, or your rent, or your mortgage?
Mr. Duran: Yes. Before the program --
Commissioner Reyes: Maximum of $2,000.
Vice Chair Russell: Commissioner; --
Commissioner Diaz de la Portilla: Ifl may --
Vice Chair Russell: -- go ahead.
Commissioner Diaz de la Portilla: If I may, Commissioner. It's not $2,000. You,
the Department --
Mr. Duran: Yes.
Commissioner Diaz de la Portilla: -- said it was $2, 000.
Mr. Duran: Correct.
Commissioner Diaz de la Portilla: It can be 3,000, it can be 1,500, it can be
whatever we decide.
Mr. Duran: Correct.
Commissioner Diaz de la Portilla: So, it's not $2,000. That's the number that they
came up with.
Commissioner Reyes: Okay.
Commissioner Diaz de la Portilla: The federal -- it is important to know, the federal
legislation allows for up to $24,000 to one particular household, depending on a
number of things did they say, you know, 80 percent poverty level, demonstrate the
need for -- for financial hardship or housing instability. So, it can be whatever we
decide. It cannot be, if they have, Jroexample, I'll give an example, Commissioner,
they have -- there are arrears in their rent for six months, that has to be paid first.
Then we can move forward to pay three months moving forward of rent, whatever
that rent is; utilities, Internet, whatever we decided, this Commission decides.
Commissioner Reyes: I heard you.
Commissioner Diaz de la Portilla: Okay. Then we can do one month or two months,
(UNINTELLIGIBLE) to three months, but we can never do more than three months.
It has to be in increments of three months. And we'd go back for another three
months for that particular X -- X individual. The $2, 000 is a number they came up
with. I don't know how, but they think it's a right number. It could be 3,000, it could
be 2,500.
Mr. Duran: Yes.
Commissioner Diaz de la Portilla: What I want to do is that I want -- let me very
quickly. I want to do is, I want to make sure that we can include, if the person makes
a request that fits the criteria, I want to make sure that I include utilities and Internet
and other things within that request. And maybe even say, "You know what, we are
going to pay him one month or two months."
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Commissioner Reyes: I know what you want to do. I know what you want to do.
Commissioner Diaz de la Portilla: Okay.
Commissioner Reyes: I want --
Commissioner Diaz de la Portilla: But the 2,000 is not mandate -- mandated by the
Feds.
Commissioner Reyes: Hold on.
Commissioner Diaz de la Portilla: It's -- mandate is by them --
Commissioner Reyes: You said --
Commissioner Diaz de la Portilla: -- by the Administration.
Commissioner Reyes: -- you just said that it's a maximum of $ 24,000 a year.
Commissioner Diaz de la Portilla: Total.
Commissioner Reyes: You divide out into 12, it's $2,000. The maximum that they
can get is $2,000?
Commissioner Diaz de la Portilla: No. Because they can only get three months.
Commissioner Reyes: Well, I mean --
Commissioner Diaz de la Portilla: There could be in arrears for three months and
we pay three months, and that's the only, you know, 12,000, right?
Commissioner Reyes: But what you want to do is make it flexible that you can give a
person $4,000 if they need it, or $5,000. I don't know about that. I have to think
about it. You see, I think that we should -- we should --
Commissioner Diaz de la Portilla: No, no, no.
Commissioner Reyes: -- we should have it standard.
Commissioner Diaz de la Portilla: No. We don't give a person or anything. We pay
their -- we pay --
Commissioner Reyes: Yes. I know all that.
Commissioner Diaz de la Portilla: -- we pay the utility, we pay the Internet company
and we pay their rent for a month, right? We don't pay them anything. If the
landlord doesn't respond on the rental part of it, right, then the law allows for 21
days and no response for us to give them --
Commissioner Reyes: Okay.
Commissioner Diaz de la Portilla: -- that monthly payment. But we can also -- we
cut that check directly to the landlord too, right?
Mr. Duran: Yes.
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Commissioner Diaz de la Portilla: Yes, so we're not going to give -- we're not going
to give the person $2,000 cash or $5,000 cash --
Commissioner Reyes: But I'm going to ask --
Commissioner Diaz de la Portilla: We are going to pay -- we're going to pay the
phone company, the electric company.
Commissioner Reyes: Please -- please give me a -- all the -- I mean, give me a
memo or whatever you have and all the information of the different scenarios how
it's going to work --
Mr. Duran: Yes.
Commissioner Reyes: -- in order to have it clear, you, see?
Commissioner Diaz de la Portilla: The other thing I want to do, Commissioner, I
have from because -- because, you know, look and there's no -- there's no criticism of
the Administration, but it's an observation. I had to go online to the Department of
Treasury and get their frequently asked questions, which I have here --
Commissioner Reyes: Yes.
Commissioner Diaz de la Portilla: -- and the outline of the program, the ERA
(Emergency Rental Assistance) program, to kind of get an idea and inform myself on
what it was. You didn't give me that information. You haven't given the Commission
this information. Moving forward -- on a moving forward basis, constructive
criticism, these kinds of programs are very complex. You explain to us all the
options so we can make more informed and better decisions on what's available to
us, what tools are available to us. I will have my office distribute to everyone that
frequently asked for the Department of Treasury.
Commissioner Reyes: Please.
Commissioner Diaz de la Portilla: It's only -- it's only like -- like eight or -- eight
pages. That's where -- that's where I got the information.
Commissioner Reyes: Commissioner, we should have receive --
Commissioner Diaz de la Portilla: But I didn't get it from them.
Commissioner Reyes: We should have. That is my question.
Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) we should have gotten it
from you because you -- all you have to do was Google it and we would have gotten
it.
Commissioner Reyes: Yes.
Commissioner Diaz de la Portilla: These programs are complex. $14 million is a
lot of money and people are in a lot of need, right? Just give us the information so
we can make better decisions, you know? I know he's running around and trying to
collect the, you know, the dollars and get dollars moving and get problems going.
And we're all learning as we move forward with all these new stimulus bills that are
happening, all that, I get all that. But it's important to have information to know that
we have that flexibility. I could love to be able to help a resident, for example,
Commissioner, I will love to be able to give somebody one month of rent, pay the
utility for that month, pay their Internet, and maybe they're back on their feet the
second month, right?
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Commissioner Reyes: According --
Commissioner Diaz de la Portilla: Instead of giving three months of rent and then
say, "You know what, I don't have to do anything, I've got three months of rent."
Commissioner Reyes: According to need. According to the need.
Commissioner Diaz de la Portilla: Right. According to the need.
Commissioner Reyes: You have the flexibility of -- of helping them according to the
needs.
Commissioner Diaz de la Portilla: And the -- and the fraud protection so they don't
abuse the system.
Commissioner Reyes: That's right. I want to see that in writing. I want to -- I want
to see the program very well., you see, delineated what -- how the program -- what
the do's and don't do, okay? Because, I mean, I didn't get any information from --
about this. The only information I had, I heard it during the press conference.
That's all I did
Mr. Duran: Right.
Commissioner Reyes: And I asked what's happening with it, and the information
that I got is, "We're hiring a company that has the platform that is doing -- is
working with the County and once they have it, then we're going to start." I was
asked and I repeated it like that. It's going to be same information about how much
they're going to receive, that I heard during the -- the press conference and the
information that was given to me that we were trying to reach an agreement with
that company that has the platform. That's what I've been giving them outside. You
see. And I don't like to say things that people have been getting information from me
that it is not quite correct. And the only way that 1 can get the correct information is
if you guys give it to me.
Mr. Duran: Right. And noted, Commissioner Diaz de la Portilla, about the
documentation straight from HUD (U.S. Department of Housing and Urban
Development)). However; the approval in February did have a program description,
which now we knew that there was going to be further guidance that we needed to
change specifically what we've discussed today regarding the ample amount of
things that we can now provide to a tenant when it comes to other than rent. Now,
as far as the $2,000, that's something that we approved. It isn't written in stone. The
county is giving $3,000 for a maximum of $36,000. So, you know, with 14 -- it is a
lot of money, but 2 million -- $2,000 was more of an average when -- what the
Realtor Association considers an average rent in the City of Miami. So, to try to
help as many people as possible under the parameters. If we can go to three -- if the
will of the Commission to do three, we can do three. I mean, all of this is subject to
change. And before we roll a program out, if --
Commissioner Diaz de la Portilla: Does Nan MacKay have the ability to do a case -
by -case analysis without any particular number given to it? Because it could be
1,800, right? It could be 1,500.
Commissioner Reyes: Yeah. Yeah, you're right.
Commissioner Diaz de la Portilla: I mean, so is it -- so in other words, instead of
you throwing money out there, it -- may be somebody has a $1,200 rent?
Mr. Duran: No, absolutely.
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Commissioner Diaz de la Portilla: And maybe they have a $60 internet bill, maybe a
$60 cable bill, and they all need a month or that's all they need.
Mr. Duran: Exactly.
Commissioner Diaz de la Portilla: And there is -- and they applied for that. And we
take it case by case, but Nan MacKay has the ability to do that, and that's what we
do.
Commissioner Reyes: Yes.
Commissioner Diaz de la Portilla: Always the maximum will always be 24k, no
matter -- 24,000 no matter what, right? But not like what was said initially to us
was, "Hey, it's 24,000, it's rent for 12 months." Imagine if I -- I was to come to my -
- I would hear that my city government was going to pay 12 months of my rent in
advance, how excited would I be? My City government is going to pay my rent for a
year? And that's what we got initially', right? From the first presentation. Because
it's oh, it's up to 12 months. It's not 12 months, it's up to 12 months.
Mr. Duran: Up to --
Commissioner Diaz de la Portilla: That ,s in three-month increments. There's a
difference.
Mr. Duran: That's correct.
Commissioner Diaz de la Portilla: I rather even not even do three months, I'd rather
do one month or two, and so you get back on your feet. We want to encourage
people to get back on their feet. Because maybe, they do. And they say, "You know,
I no longer need this help." And that means we help -- that means that we help more
people, right?
Commissioner Reyes: Commissioner?
Commissioner Diaz de la Portilla: So the amount doesn't matter to me. We have a
federal limit set for 24,000, we know that, but I'm not going to first gift 24,000 to this
one, 24,000 to that one, 24,000 to that one. I'd rather give three here, four there,
three here, and four there, right? And that way we help more people get back on
their feet.
Mr. Duran: Absolutely.
Commissioner Diaz de la Portilla: And that's the idea. That's -- I think that's the
thinking behind it. And a lot -- and getting back on your feet means also paying
internet and other things that are quality of life issues. Not only the rent.
Commissioner Reyes: That is --
Commissioner Diaz de la Portilla: Because you can have -- you can pay your rent,
but you know, you don't have any cable, you don't have any internet, you don't have
any electricity, you don't have -- your plumbing is messed up. For what? Right?
You have a leak, you can't fix it. That's included in that, right?
Commissioner Reyes: Commissioner.
Commissioner Diaz de la Portilla: Household expenses. Now, the secretary at --
one more thing, I'll finish it up with this, the secretary of the Treasury, the last
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question is, (UNINTELLIGIBLE) share it with you, you'll read it, what are
household expenses to be determined? Remember, this is a Democrat bill, sorry,
Commissioner Russell. So it's very, very broad. What are household expenses? It
could be anything. And what the heck is housing instability? I don't know what that
means. Like food insecurity, right? I don't get those things, but anyway, I'm a
republican so I'll never get those things. But housing instability could very well be
yes, If you have -- if you can't pay your water bill, you have no water in your home,
right? That's -- that's instability, right? If you can't pay your electricity, you have
no electricity in your home. That's where I want to help people. The whole package.
Not only for the rent, and that's the only thing. So the amount doesn't really matter.
It's whether Nan MacKay or the company you hire has the ability, say, "Let me take
a look at this. This one makes sense. Let's give them a month, let's give them two
months, and take it from there, " based on income and everything else.
Commissioner Reyes: I -- agree with you in that, Commissioner, because maybe
some people that are -- they being -- they are four months behind, or Jive months
behind, and they just got a job but they cannot make the four months, and then we
can get him -- we can avoid them being evicted. This is very simple. Just saying that
it is going to be maximum of $24, 000 according to each -- each case, according to
need. And that's it. According to need means everything. Okay? That's what was I
was going to say.
Commissioner Diaz de la Portilla: Yes sir.
Mr. Duran: That is precisely how it is run. It is the needs only not just because we
have a maximum that we're going to give it to them.
Commissioner Reyes: Yeah.
Mr. Duran: It's what each individual tenant needs, is what we will help them with.
And of course, Nan McKay is able to do that.
Commissioner Reyes: Every person is a different case. It has to be study case -by -
case.
Mr. Duran: Absolutely. Every case is different. Every case is different.
Commissioner Reyes: Okay. I'm glad to hear that.
Vice Chair Russell: You need an action on this item. I understand --
Mr. Duran: We would like action on this item.
Vice Chair Russell: I'm sorry?
Mr. Duran: We would like action on this item.
Vice Chair Russell.. What motion would you like?
Mr. Duran: That you approve the engagement of Nan MacKay.
Vice Chair Russell: This is a four fifths, it would be correct?
Ms. Mendez: So, Commissioners, the way that this is happening is that the
administration is advising you that they're going to enter into this emergency
procurement and then you'll -- we'll bring back an item with the four -fifths and so it
could go through the proper process.
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Vice Chair Russell: So you do not need an action right now?
Commissioner Diaz de la Portilla: No, no.
Ms. Mendez: You don't need an action right now.
Vice Chair Russell: Okay. So you're saying we could've left an hour ago.
Commissioner Diaz de la Portilla: No, no, no. That's not my understanding. --
That's not my understanding. My understanding is that it's a four -fifths vote today
for them to secure a contract with Nan MacKay to move forward and we kind of
defined, in the debate, what the Commission wants the program to look like. If
there's a change in that you come back to us say, "Hey, we're thinking of this." But
make sure you keep us informed.
Mr. Duran: Right.
Commissioner Diaz de la Portilla: But the idea is to move forward
(UNINTELLIGIBLE) people, look, the County has had the program in place for
months. People are calling my office and I'm sure they are calling every
commissioner at the office saying, "Hey, you guys want to do the rental assistance,
What's going on? The County's doing it." One of my employees said, "Well, the
County has the form online, can I use that form?" I go, "You can't use that, you
have to make sure that we approve it here in the Commission first. So we have to
approve something today.
Vice Chair Russell: So legally, can I clarify? Just so I can clarify. The City
Attorney is stating that under a state of emergency, the manager can go ahead and
engage without us and we can retro, but of course we have the right and ability to
find --
Commissioner Diaz de la Portilla: On a fourth -fifths rule. Yeah.
Vice Chair Russell: -- oday right now, if we want.
Commissioner Diaz de la Portilla: Yeah. To move forward.
Vice Chair Russell: We have four Commissioners.
Commissioner Reyes: I move it.
Commissioner Diaz de la Portilla: Wait, wait, it has to be unanimous.
Vice Chair Russell: Mr. Manager, is there a reason you'd prefer to do it the other
way?
Arthur Noriega (City Manager): No, there's -- The City Attorney has advised that
we cannot proceed with a four -fifths. It requires proper advertising, correct?
Ms. Mendez: So --
Commissioner Diaz de la Portilla: That's different.
Ms. Mendez: -- under emergency procurement with the Procurement Director
writing, advising you, you could do it. You can go forward, go forth, do everything
you need to do, then it has to properly come back here before the City Commission
for there to do a four -fifths at that time, retroactive.
Commissioner Diaz de la Portilla: So it's an advertising issue?
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Ms. Mendez: Right.
Commissioner Diaz de la Portilla: Okay, well I didn 't know that.
Commissioner Carollo: Mr. Manager, I want you to go forward with confidence that
you do have the four fifths votes. Okay, so --
Mr. Duran: May I ask a question? Would it be possible for them to bless us moving
forward with Nan MacKay?
Commissioner Carollo: We just did.
Ms. Mendez: That's right. That's what I thought this was (UNINTELLIGIBLE)
Mr. Noriega: That's what he's doing.
Commissioner Diaz de la Portilla: (UNINTELLIGIBLE).
Ms. Mendez:: Right, all this discussion was for their vesting because they want to be
informed, they want to know, they want to know what's going on
Commissioner Diaz de la Portilla: So, you have our blessing, right?
Mr. Duran: Thank you.
Commissioner Diaz de la Portilla: Let's move forward and get the program going so
people can know that the city is providing rental assistance.
Mr. Duran: Correct.
Commissioner Carollo: If -- if I could ask the Manager a question though. Mr.
Manager, part of the problem that we were delayed somewhat was that we did not
receive the information, the full information on how to proceed with it; is that
correct?
Mr. Noriega: Yeah. We had been waiting on guidelines and so that's part of what
we were waiting for in terms of structure. But now we have that, which is why we
wanted to properly present this and get approvals once we had full understanding of
what the specific guidelines were.
Commissioner Carollo: All right. That's what 1 want to get out there so that people
could understand what you had told me earlier, on the delay. But you could go
forward with confidence that you will have your four, f fth vote on this item.
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NA.3
8747
City Commission
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER TO PROVIDE TO THE CITY COMMISSION
THE TOTAL AMOUNT OF TAX REVENUE THE COUNTY
COLLECTS THAT IS GENERATED WITHIN THE CITY'S
BOUNDARIES; FURTHER DIRECTING THE CITY MANAGER TO
PROVIDE TO THE CITY COMMISSION THE TOTAL NUMBER OF
NON-PROFIT ORGANIZATIONS THAT ARE LOCATED WITHIN
THE CITY OF MIAMI'S BOUNDARIES; FURTHER DIRECTING THE
CITY MANAGER TO PROVIDE TO THE CITY COMMISSION A
LIST OF SERVICES THE COUNTY PROVIDES IN THE CITY OF
MIAMI AND THE APPROXIMATE DOLLAR VALUE OF SAID
COUNTY SERVICES; THE CITY MANAGER SHALL PRESENT
THE DATA AND INFORMATION REQUESTED IN THIS
RESOLUTION TO THE CITY COMMISSION AS SOON AS
POSSIBLE BUT NO LATER THAN AT THE APRIL 8, 2021
REGULAR CITY COMMISSION MEETING.
ENACTMENT NUMBER: R-21-0114
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Alex Diaz de Ia Portilla, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes
ABSENT: Watson
Commissioner Carollo: I'd like to bring up a pocket item that instead of me asking
the administration to do it, which I can. I'd rather have a joint voice in this. And
this has to do with the unfairness that we've been seeing from the County towards not
just the City of Miami, but to all cities of Miami -Dade County. 1 think we all know
that on the CARES (Coronavirus Aid, Relief and Economic Security) money, the
City of Miami was shortchanged well in excess of $70 million. That's a lot of money.
A lot of money that we could have used for our residents. When we did finally get
some money from them, it was at the tail end so we had to rush like, you know, and
nobody had to do to be able to spend it. At the same time I've been getting a lot of
questions from some of our residents that I think are very valid questions, and this is
what I'd like to resend to resolution to ask the administration to study for us and
come back with an answer and that is out of -- first of all, to find out how much taxes
does the City of Miami pay Miami -Dade County as a whole. How many hundreds of
millions of dollars do we pay in taxes to Miami -Dade County, one, two, out of those
taxes that we paid, how many nonprofits do we have in the city? Which I think that
don't pay taxes, but we have to provide service for them. The reason that I want that
is because as the flagship city of Miami -Dade County, the vast majority, maybe as
many as 70 percent or more of those non profits are within the City of Miami. And
for the most part, they take care of other parts of Miami -Dade County and not as
much in the City of Miami, but because we're the flagship city, where the downtown,
and the business areas are in our city boundaries, they open up shop in the City of
Miami and they don't pay taxes while they get our service. Secondly, I'd like this
resolution to ask the administration to look at and come back to us in a reasonable
amount of time that we can discuss how long it should be to -- on the taxes that we
pay Dade County, as a whole, what service do we get for that? Now, in our Police
Department we do everything including homicides, so I don't know how much police
service they're giving us, if any. Our Fire Department, we have our own fire
department. We even have our own water fire patrol. Again, I don't know what
service are given to us for fire or paramedics, if any. Solid waste. We have our own
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solid waste department. The only thing that 1 know that they give us that we have to
pay addition to is in one other plants if we decide to bring our trash, and garbage
there, but we got to pay extra, so we're not getting anything there. I'd like for this
Commission to know what services are we receiving from Miami -Dade County for
the taxes that our city pays, and what is the approximate price tag of what they're
giving us? Because I'm beginning to think that a lot of our tax dollars are being
used to keep taxes lower in the unincorporated areas of Miami -Dade County to the
detriment of our own residents in Miami. We're supporting, through our taxes,
lowered taxes in unincorporated Miami -Dade County.
Vice Chair Russell: Commissioner, shall we call that PL3 (Pocket Item), or is that
just a direction to the --
Commissioner Carollo: No, no. I -- I'd like --
Vice Chair Russell: We could vote on it.
Commissioner Carollo: I'd like to do that --
Commissioner Diaz De la Portilla: Yeah, I do --
Commissioner Carollo: -- to voice --
Vice Chair Russell: Okay.
Commissioner Diaz De la Portilla: -- I want to second that.
Vice Chair Russell: So, we'll call it PL3. It's a resolution directing the City
Manager to come back with that information.
Commissioner Diaz De la Portilla: And I'll second that.
Commissioner Carollo: And Mr. Manager; how much time do you think you would
need, so we could put a time date on this?
Vice Chair Russell: So we'll consider that. While he's getting the information for
you, we'll consider a motion by Commissioner Carollo, seconded by Commissioner
Diaz de la Portilla. And while they're waiting for that information, I'll open it for
public comment. Is there anyone here would like to comment on that publicly?
Commissioner Reyes: (UNINTELLIGIBLE).
Vice Chair Russell: None. Is there anyone on the phones? Closing public comment.
And I'll just wait for Mr. Manager's --
Commissioner Diaz De la Portilla: -- attention.
Vice Chair Russell: He's getting the answer from Mr. Casamayor.
Arthur Noriega (City Manager): We'll have something for you the next commission
meeting.
Commissioner Diaz De la Portilla: That's the next --
Vice Chair Russell: Two weeks.
Commissioner Carollo: That quickly, you could do it?
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Mr. Noriega: Yes.
Commissioner Carollo: You're sure? You don't need more time? And I want you to
do an accurate job, we're not going to rush.
Mr. Noriega: We're going to -- we're going to set the goal for -- for next meeting,
and we're going to try to get there. So I --
Commissioner Carollo: Okay. We'll let --
Mr. Noriega: -- that the -- the information you're asking for, we'll put a rush on it.
So we're going to rush for next meeting.
Commissioner Carollo: Okay. Let's -- let's say on the resolution that the Manager
will come back in either one of the April Commission meetings, or before, if he's
ready with the information.
Vice Chair Russell: Fair enough.
Commissioner Carollo: Okay.
Vice Chair Russell: They're into 15 days. They can do anything in two weeks in this,
in this city, that's what they said.
Commissioner Carollo: Well, look, Oche could put it together, that's very good. But
I don't want to rush him.
Commissioner Reyes: The first meeting in April, I think gives him a lot of time.
Vice Chair Russell: He's -- he's ready before that.
Commissioner Carollo: This is (UNINTELLIGIBLE) because --
Vice Chair Russell: He'll be ready March 25th.
Commissioner Carollo: -- this is the kind of information that we have to establish if
we need to take an additional step down the road.
Vice Chair Russell: Got it.
Commissioner Carollo: And I think you've all heard some of the things that I've
talked about, and this has just been talking. But if these numbers show what it night
show, then we -- we have a lot in our side to ask for changes, --
Vice Chair Russell: Yeah.
Commissioner Carollo: -- either through the County or through Tallahassee. After
all, if the City of Miami, let's say, just for the sake of talking, by itself would be a
County, we'd probably be the seventh, eighth, largest county just by ourselves, in the
State ofFlorida.
Commissioner Diaz De la Portilla: And if we unite maybe, hypothetically, with
another city we may be even bigger.
Commissioner Carollo: That's right. I mean, the downtown of this whole County is
in the City of Miami. The business sector of the whole County, Brickell Avenue, is in
the City of Miami. Even the public hospital, Jackson, is in the City of Miami. The
Port ofMiami, well, it's in the City ofMiami limits.
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Commissioner Reyes: The airport.
Commissioner Carollo: The airport, the parts of it, main parts are in the City of
Miami. We're the real Miami.
Commissioner Reyes: Yes.
Commissioner Carollo: We are the real Miami. So --
Commissioner Reyes: (UNINTELLIGIBLE).
Commissioner Carollo: Well, I know that. That might be a nice name for a county,
the Real Miami County.
Vice Chair Russell: New marketing campaign.
Commissioner Diaz De la Portilla: That's a great slogan. That's a great slogan.
Commissioner Carollo: Yeah.
Commissioner Diaz De la Portilla: The real Miami.
Vice Chair Russell: Commissioner, you are recognized.
Commissioner Reyes: Commissioner Carollo, can we, because I'm very interested in
getting this out -- all this data that you are asking, all that information. Can we --
can we add that will be no later, because to get enough --
Commissioner Carollo: Yeah, no later --
Commissioner Reyes: -- no later than the first meeting --
Commissioner Carollo: -- ofApril.
Commissioner Reyes: -- in April.
Commissioner Carollo: Or before --
Commissioner Reyes: Or before, no later.
Commissioner Carollo: -- if he's ready.
Commissioner Reyes: No later.
Commissioner Carollo: So, he's --
Commissioner Reyes: Because I want true numbers, I don't want them to be a -- I
mean, a --
Commissioner Carollo: No, no. I want real numbers, real studies.
Commissioner Reyes: Yes.
Commissioner Carollo: I want to know if they're giving us any services in police,
fire, solid waste, what they are. Because, I'm sorry, I don't see it, nor do our
residents see them. I want to know what we're getting in return from Miami -Dade
County for the hundreds of millions of dollars that we're giving them from our
residents. They cheated us out of over $70 million in COVID funds alone. I mean,
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we have some Commissioners in the County that they don't cover one inch of
unincorporated areas, only municipal governments.
Commissioner Reyes: Yeah.
Commissioner Carollo: But they think they're -- been elected to be King Tut of the
areas where they're Commissioners, and I don't know what they do. You know, they
ride the bus back -and -forth, they, you know, hang around the, you know, Ivory
Towers in Downtown Miami. You know, they -- I don't know what they do.
I'd like to find out, you know. What does a County Commissioner that doesn't have a
single inch of unincorporated areas in their district, what the heck do they do? And 1
really would like to know, but this is beyond what of I've asked here, why does
Miami -Dade County have such a huge, out -of -proportion budget, with thousands
upon thousands of people making these huge salaries? Maybe if they didn't have all
the monies from the City of Miami, they might have to come to reality.
Commissioner Reyes: The question -- the question should be what services are we
receiving in exchange for that what we pay?
Commissioner Carollo: Exactly. And what are those services that we're receiving?
Commissioner Reyes: What is -- what does that -- what is that that --
Commissioner Carollo: What is the cost, for instance --
Commissioner Reyes: That's right.
Commissioner Carollo: -- I will tell you a service that, yes, I acknowledge that we're
receiving. Libraries. But, my God, how much are we paying for libraries then, if
we're not getting many of the other service? But let's vote on this and then I want to
bring another item up. It's more of a discussion, hut maybe if you want to do it as a
vote, we can.
Vice Chair Russell: Thank you. PL3, is there any further discussion? Hearing
none. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE ADDITION OF THE PROFESSIONAL SERVICES OF RUBIN,
TURNBULL & ASSOCIATES, F/K/A THE RUBIN GROUP, AS PART
OF THE CITY OF MIAMI'S LOBBYING FIRMS.
ENACTMENT NUMBER: R-21-0115
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes
ABSENT: Watson
Commissioner Carollo: Let me bring something up. Commissioner, please don't go.
Could you -- could you please see this.
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Vice Chair Russell: Just the last item. Is there anything you need to discuss on the
legislative session at this point?
Arthur Noriega (City Manager): Yeah. Once again, I'd like to request if we could
add Rubin Turnbull, as the fourth firm, at $50,000? Same fee we're paying the other
three.
Vice Chair Russell: I would welcome a motion for that.
Commissioner Diaz de la Portilla: 1 move it.
Vice Chair Russell: Moved by Commissioner Diaz de la Portilla, second by the
Chair. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Aye. Any opposed? Motion passes.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION OPPOSING
SENATE BILL ("SB") 1678, HOUSE BILL ("HB") 1129, AND ANY
SIMILAR LEGISLATION THAT WILL INCREASE THE STATUTORY
LIMITS ON LIABILITY FOR TORT CLAIMS AGAINST
MUNICIPALITIES; FURTHER OPPOSING SB 90 THAT WILL LIMIT
THE DURATION OF REQUESTS FOR VOTE -BY -MAIL BALLOTS;
URGING GOVERNOR RON DESANTIS AND THE MEMBERS OF
THE FLORIDA LEGISLATURE TO OPPOSE SAID LEGISLATION;
DIRECTING THE CITY MANAGER TO INCLUDE OPPOSITION TO
SB 1678, SB 90, AND HB 1129 TO THE CITY OF MIAMI'S 2021
LEGISLATIVE PRIORITIES; DIRECTING THE CITY CLERK TO
TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE
OFFICIALS NAMED HEREIN.
ENACTMENT NUMBER: R-21-0105
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes
ABSENT: Watson
Note for the Record: For minutes referencing Item NA.5, please see Item DLI.
DISCUSSION ITEM
DISCUSSION BY COMMISSIONER CAROLLO REGARDING
STREET CLOSURES IN THE CITY OF MIAMI AND OTHER
MUNICIPALITIES THROUGHOUT MIAMI-DADE COUNTY.
RESULT: DISCUSSED
Vice Chair Russell: And then, if -- and Commissioner, you said you have to leave at
noon sharp.
Commissioner Carollo: Yeah. Well, so iijI could bring this up afternoon?
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Commissioner Reyes: Sure.
Vice Chair Russell: All right.
Commissioner Carollo: It's going to take a little longer.
Vice Chair Russell: Got it. So what I'd like to do is, do the Boards and
Commissions. We'll break for lunch. I'd like us to come back at least at 2:30. I
can't come back before then.
Commissioner Carollo: 2:30. 2:30.
Vice Chair Russell: 2:30? Is that a compromise? All right.
Commissioner Reyes: That gives you enough time for a nap.
Vice Chair Russell: Well, the --
Commissioner Diaz de la Portilla: Well, two -and -a -half f hours is better than four
hours.
Vice Chair Russell: The Mayor -- the Mayor has a press conference at 1..00. That
won't be done until after 1:30.
Commissioner Diaz de la Portilla: Yeah, that works.
[Later...]
Commissioner Carollo: Chair? Commissioner, are you ready?
Vice Chair Russell: Mr. Clerk, what item did we end up with on the road closure,
PI.7 (Pocket Item)?
Todd B. Hannon (City Clerk): It'll be PL 6.
Vice Chair Russell. PI.6, got it.
Commissioner Carollo: (UNINTELLIGIBLE) we could put --
Vice Chair Russell: (UNINTELLIGIBLE), you ready?
Commissioner Carollo: Let's put that one here.
Unidentified Speaker: We got three.
Commissioner Carollo: We got two, it's better. Then let's put this one here. Good,
thank you.
Unidentified Speaker: Thank you.
Commissioner Carollo: We got a third by any chance?
Unidentified Speaker: Yes.
Commissioner Carollo: This is going to work out just fine. Just put it in the middle.
Unidentified Speaker: Okay.
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Vice Chair Russell: All right. Good afternoon, everybody. Yes, we are reconvening
the March l l th meeting of the City of Miami Commission. We have two non -agenda
items left. One is PL6, which Commissioner Carollo has brought, regarding street
closures, and the other is PL1, which the Administration has brought, regarding an
emergency rental program. So, we're going to start with PL6. Commissioner
Carollo, about how much time do you think you need?
Commissioner Carollo: Less than 10 minutes, probably 5.
Vice Chair Russell: I'll believe it when I see it.
Commissioner Carollo: Well, it won't be long. Pictures speak --
Vice Chair Russell: You have the -- you have the floor, Commissioner, and as much
time as you need.
Commissioner Carollo: -- they say that pictures speak a thousand words. And I
have 32 small ones and 3 big ones so --
Vice Chair Russell:: Just to clarify, I apologize. P11 was passed. PI.2 is the only
remaining item in addition to your P1.6. And PI.2 is the City of Miami
Administration Emergency Rental Assistance Program. So you have the floor,
Commissioner Carollo.
Commissioner Carollo: Thank you.
Vice Chair Russell: PI.6.
Commissioner Carollo: I think we're all familiar with the situation that we were all
surprised with from Miami -Dade County recently. A situation having to do with our
street closures and the County did something that was unprecedented ever. Not just
in the Citv's history, but in the County's history. They brought the City of Miami to
an emergency hearing before a Court on a Sunday. City Attorney received notice
some less than 10 hours before we were supposed to go to Court on Sunday at 10 in
the morning. The City had never received official notification. In other words, they
did not receive the summons, but it was done because the County alleged that there
was a safety emergency. That people's lives were at risk, because we, the City, had
closed four streets in a temporary basis. And the streets that we had closed were
done at the extreme ends with some concrete barriers that were maybe three-and-a-
halffeet tall, three feet tall, by about four feet each or less. And we probably had at
least 10 to 12 feet where all you had were the little skinny plastic cones where our
emergency vehicles could go through and out. And 1 cannot believe that the County
claimed that when, as you see here, this is only one City in our County that I found a
minimum of 32 street closures. Now, I ask you, this, to the County, was not
dangerous if ours were? These are permanent closures in Coral Gables, like that
one, like this one, 32 of them that we found altogether. And by the way, these pretty
ones like this, which I believe there's like five or six of them, they were recently done,
maybe a year -- no more than two years ago from what I am told. There are many
other cities that have closures. In fact, the City of Miami has three closures in
Coconut Grove, in the northeast part of our City, in Coral Gate, right next door to
the Gables. The difference between the street closures that we all voted for in
January for the small area of Silver Bluff and these that you see here, is that these
were not closed because they had a terrible traffic problem. These were closed
because they didn't want their neighbors across from these streets to come in, into
the Gables through those streets. The reason we voted to close four streets in Silver
Bluff is because years ago, the State with the County opened up 16th Avenue through
residential areas to go into U.S.1 where there's a streetlight. So, what's happened as
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traffic has increased throughout the years, it's become a major thoroughfare going
through a residential area in small residential streets where you have had hundreds
of trucks, semi -trailers, vehicles, you name it, going through this small neighborhood
and these small streets on a daily basis. As Commissioner Diaz la Portilla
mentioned a few months back when we voted for this, he even got himself into an
accident there. And there have been hundreds of tickets written and people keep
coming. We had put all kinds throughout the years of road bumps, of circles.
Nothing stops people from coming. The neighbors could not go out in the streets and
enjoy the quality of life that they have a right to have. Several of them have
expressed to me how some of their loved ones were almost runned [sic] over by
people speeding through there. I myself have seen it on numerous times. So when
they came to us with a petition, is when this Commission took action, with the
endorsement of our Mayor, to close those streets. And we closed them on a
temporary basis as we believed we were allowed to by law, as our City Attorney
stated to us. These were not permanent closures. However, I'm bringing this to the
forefront for the following reason: that the County had the nerve to treat us like if we
were the little country of Andorra, with a total disrespect, thinking that they were
going to just roll over us and we would not be able to defend themselves. I hope they
understand that they were wrong. I hope they understand by their defeat in court
that this is the City of Miami, the largest city in the State of Florida, a city of half a
million people, that we're independent from them, and frankly, we don't need them
for anything. We have the downtown of greater Miami -Dade, which is the City of
Miami, in our area. We have the financial center of greater Miami -Dade, which is
inside the City of Miami. We have the main public hospital for greater Miami -Dade,
which is inside City of Miami limits. We have the Port of Miami, which is inside city
limits, and we have a portion, small, of the airport that is within the city limits. So I
hope the disrespect and the bullyness [sic] that they showed, they will understand
that they can't do this to the City of Miami. And I wanted to show this so that our
residents can see how hypocritical their statements, their actions, have been. How
can they come at us, when just in the Gables you have about three dozen street
closures, that if our little one, that was temporary, in the way that I described it, was
dangerous, then what can you call these here as far as danger? But the truth here is
that this has happened and from the Mayor of Dade County, to their Chief Operating
Officer, whatever he's called, Mr. Morales, to everyone that has had interaction in
this, they all know that this has happened because the County Conmiissioner in this
area is upset with the City Mayor, the City Commissioners, with the neighborhood
association in that area, and many of its people because we do not support her for
County Commission, and we have been targeted as a City. They're doing this to
punish us and teach us a lesson, among other things that have happened already,
and I've tried to ignore, but this one we're right in. We're defending our residents.
Granted, it's a small neighborhood, but it's not a rich neighborhood, and they don't
have hundreds of votes or big pockets for contributions in an election, but
nevertheless, this commission, this government, did the right thing in coming out and
protecting their quality of life. That's not to say that you have 100 percent
consensus. Never in life, never in life do you have 100 percent consensus of
practically anything. There's a few people in the area that, for whatever reason,
they're entitled to it, don't agree with us, but the vast majority of the residents in that
area do agree with it and I wanted to show what is happening to some of our other
neighbors, how they've done it. And I'm not picking on Coral Gables today. They
have a right to do this and their own streets. They just happened to have the first 32
that I saw and there are many other cities with other closures throughout Miami -
Dade County. Having said that, I've asked the City Attorney to place a public
records request on every city, all 33 other cities outside of Miami, for all their street
closures, when they did them, and i_f'they had County approval, among other things
and we're asking the County for the same thing --
Unidentified Speaker: Yes.
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Commissioner Carollo: -- so that we can show the hypocrisy behind this, that we
can show that this is a personal vendetta from one of their commissioners. This is
targeting from one of their commissioners against the City of Miami and one
neighborhood that, if there ever has been a neighborhood that needs help in street
closures, it's this one.
Vice Chair Russell: Commissioner Reves.
Commissioner Reves: Commissioner Carollo, I'm glad that you showed us and I'm
glad that you're asking the City Attorney, and 1 support you 100 percent and I want
to add to it. You see, I been in contact with County and the same example, the same
question that you have made, I have made it before. How in the world we cannot
close any street when Coral Gables have done it. Yes, it has been they have done it
illegally and I want to add to your request or the -- your instructions to the City
Attorney that we get from the County and this -- and then they told me that they -- in
order to call -- close a street, you have to go through a process. Well, I want -- I'm
trying -- I'm instructing the City Attorney to ask what is the process to close a street.
How many streets have been closed in Dade County following that process? How
many streets are closed in the County that have no proc -- that follow that process?
Therefore they are illegal and what is the action, the proposed action, that is going
to take place from them, you see? That I -- if I may add to your request, sir.
Commissioner Carollo: Commissioner, I feel that there has been a tremendous had
faith from the County in this. There has been selective enforcement as I've never
seen it before because neither Coral Gables nor any of these other cities, nor in all
of our other areas of Miami, has anyone gotten through that process of getting
permits for the County to have permanent closures, not temporary, like these, that
were allowed.
Commissioner Reyes: Yes.
Commissioner Carollo: And for the County to take action only on these four streets
and completely ignored, like, everything that I'm showing you here, and so much
more, doesn't exist.
Commissioner Reves: Let's find out.
Commissioner Carollo: It's plain wrong, it's hypocritical, and it's discriminatory.
Discriminatory --
Commissioner Reyes: Right.
Commissioner Carollo: -- against a neighborhood, and frankly, a neighborhood that
truly needs it --
Commissioner Reyes: Yes.
Commissioner Carollo: -- because of real traffic. These closures here, not one of
them has or had any kind of major traffic problems before they were closed. They
were closed for other reasons --
Commissioner Reyes: I --
Commissioner Carollo: -- not for traffic.
Commissioner Reyes: -- if I may. I had lived on 8th Street -- I mean, 7th Street
across from Coral Gables, 7 and 53rd, way before those streets were closed, way
before it. And it was more because of keeping people outside because of crime than
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on traffic. They claim that it was traffic, it's for keeping people outside of Coral
Gables.
Commissioner Carollo: And they have a right to do it.
Commissioner Reyes: They right -- have a right to do it
Commissioner Carollo: I'm not saying that they don't.
Commissioner Reyes: That's right. But I want to know what makes them different
from us --
Commissioner Carollo: Well --
Commissioner Reyes: -- okay? I want to know if they went through the same
process that they -- we are -- I'm -- to start with, what is the process? What is the
process? Who dictates, I mean, who is -- which -- because I have conflicting
information, and I'm going to have a meeting pretty soon with the Mayor about this,
because I want to talk about this because I think -- and it is my opinion that just as
you stated, we are taxpayers. We pay County taxes also, and therefore the County is
responsible for the -- maintaining the quality of life of the residents in the City of
Miami also --
Commissioner Carollo: Yeah, but --
Commissioner Reyes: So we should either work together or not. And I'm going to
meet with the Mayor, but one thing that I want to know is, in all those conflicting --
because I've been dealing with this since day one that I was elec -- I mean, sworn in.
I want to know who is -- what institution, or what government is responsible for all
the, I would say, roadblocks that they place us when we want to close a street, when
we want to place stop signs, when we want to place the light. I mean, is that at
federal, is that State, or it is just the County, the one that -- they make the decision
arbitrarily. I want to know. That's why I'm asking lb). the process and I want to
clear this up once and for all. So, if we're going to -- maybe we can take property
(UNINTELLIGIBLE) street. We maintain them. We pave them. We should be able
to do with it as we see fit.
Commissioner Carollo: That is correct. These are our streets, we pay for the
asphalt in those streets, the maintenance of the streets, and everything else that
happens in those streets.
Commissioner Reyes: Yes, sir.
Commissioner Carollo: And now --
Commissioner Reyes: Thank you for bringing this up.
Commissioner Carollo: -- again, on the County ordinance, we -- our position is in
the City that we've taken, is that we can do temporary closing like we have. But all
these other dozens upon dozens of cities that have full closures, why isn't the County
concerned about that? Why is it only this area? And then the worst part is that the
same commissioner -- and I'm going to call her by her name, Eileen Higgins, she's
not happy enough to try to do all this with the County government, and she has been
the one that has gone to the Mayor, that has gone to Mr. Morales, that has gone to
everybody else. No matter how much she wants to say publicly that she doesn't know
anything about it or has done anything about it, she has been the one.
Commissioner Diaz De la Portilla: Microphone.
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Commissioner Carollo: But her own chief of staff lives in Coral Gate. One area
that has numerous -- I don't know if it's seven, eight, or nine, street closures, and we
didn't get any County permits for that in the City of Miami when they were closed.
None at all. The sad thing is, that now they're trying to recruit people from outside
of the area to see how they could pretend that they live in the area, to speak against
it. Now, again, it's not 100 percent consensus here nor in anything else. There are a
few people that for whatever the reasons are, they don't want the street closures.
You have a gentleman that was very loud, that lives in an apartment building, that's
not part of the residential neighborhood in the corner, that -- it's a very large
apartment building and I think, about 60 or more units. And he was used to -- he
drives trucks. He was used to parking his cab, and inside the neighborhood, which
is illegal. You can't put in a commercial vehicle inside a residential area. I was told
by police officers that he had been cited twice already. He's against this. Well, I
could understand why, he's got a personal reason. You have another gentleman in
17th Avenue that is against it, but he lives next to a commercial property. And
somehow, I guess he thinks maybe that if we don't block it, that he can make that into
commercial. But the guy doesn't live there, even though he told me he did and wasn't
truthful. He lives in another neighborhood, and he's selling that property and selling
it as a triplex, not a duplex, which is what it is on top of it. So there are people that
are against this and others that frankly, you know, don't have any different reasons,
like I mentioned here. They just don't want it and, you know, I respect that. But in
America, we respect the opinion of the majority, and the vast majority have assessed
that they wanted the street closures. So that -- that's all I have to say, and I thank
you for this time. If anyone of you want to add to it, feel free to.
Commissioner Diaz de la Portilla: I want to ask -- I want to ask you something,
Commissioner. Bless you. I want to ask you something, Commissioner. Saying
what you can say publicly, walk us through the arrogance on the last week from the
County government, from Mr. Morales. Walk us through the arrogance of the
County government with respect to this issue, in the last week, from Mr. Morales on
down, right? The -- their imposition on our city and on our residents. Tell us what
happened so that the people could know what happened. As this -- move forward as
they tried to take are barriers down, as we had to send the police department to stop
them from trespassing in our citizen 's rights. Because you're right; the vast majority
-- I grew up six blocks from this area, as you know. The vast majority of the people
in this area want their children to be safe, their pets to be safe. They don't want the
cut through traffic that exist. A small minority -- a small minority, because of
political pressures, or for political reasons, supports -- is opposed to the closures.
But the vast majority supports the closures of these four roads. Tell us what
happened the last week so the -- and what the city can do moving forward.
Commissioner Carollo: Well, basically what happened last week, the County sent
their police uniform. They sent big trucks to take out the temporary barriers that we
had and the Manager, when he found out about it, did the right thing; he stopped it
from happening. Look, this is amazing that the County would do this. Why didn't
they do it here? Why didn't they do it anywhere else in other cities where there were
closures were no permits. Only there, only where Commissioner Higgins doesn't
want them.
Commissioner Diaz de la Portilla: And this is a life and safety issue for our
community, for our citizens, right?
Commissioner Carollo: Of course. It's a real safety issue. That's the only reason.
Commissioner Diaz de la Portilla: The Coral Gables closures -- and tell me if I'm
wrong. The Coral Gables, the 32 closures that basically closed off Coral Gables
was because that affluent community, they didn't want to have Miamians visit them,
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right? Or go through their streets. And nobody argued among that. Nobody,
complained about that because I'm sure there're major campaign contributors that
live there and major people that are influential, right? But this is a life and safety
issue for a resident. To get traffic off people that go off US-1, to get away from US-1
and cut through where children are playing. I'd seen signs that I go through that
neighborhood all the time to visit my parents.
Commissioner Carollo: That's exactly --
Commissioner Diaz de la Portilla: And these children on bicycles, and it says, you
know, drive like your -- they have signs say, "Drive like your children live here."
And people don't do that. We put speed humps and all kinds of -- what we can do
legally. Why is it that in this particular neighborhood, the County Commissioner
and the County government insist that four closures for the sake that, that will
protect our children, and our pets, and our residents, and our elderly, too, because
the elderly walk. Why is it that they're hell bent on not letting this happen?
Commissioner Carollo: Commissioner, because they've letting -- their County
Commissioner in the area extract her revenge against the City of Miami and the
residents of that area that did not support her. And that's totally wrong. As you see
here and look, any city that owns its own streets for whatever reason that they want
to do street closures, that's their business. But I have driven through each one of
these areas. And there's not a single site here that had major traffic. You could see
it, that Oki, were open, they didn't -- would not have major traffic. This area here
is hundreds of vehicles, hundreds, every day, constantly. Rush hours, they go on for
three hours morning, afternoon. You can't cross some of the streets there. So why
would they have done this? And that's the point that I'm tiying to make and the
message that I want to leave this Commission Chambers today. Why didn't they do
to all these closures, and many others in Miami -Dade County, what they tried to do
to the small, poor area of Silver Bluff? Why?
Vice Chair Russell: Thank you, Commissioner. Are there any more comments on
this item?
Commissioner Diaz de la Portilla: Maybe from our City Attorney. I think there was
a question of where we are in the legal process with the County and our City
Manager -- I don 't know I can't see him.
Vice Chair Russell: He's gone.
Commissioner Diaz de la Portilla: He's gone?
Vice Chair Russell: Lobby.
Commissioner Diaz de la Portilla: Okay. Where we are right now, where are we?
Victoria Mendez (City Attorney): Right now, after we had the emergency hearing --
right now, after we had the emergency hearing on this past Sunday, the roads remain
closed, just with different barriers which were approved by the County public works
person that spoke at the hearing, and the roads remain closed. Going forward, we
will have to obviously work with the County on permanent closures. However, at
this point, we are appealing one portion of the order -- of the judge's order that had
to do with the abatement and 164 Intergovernmental Procedures that we should have
been allowed to work with the County, and mediate with the County, have a joint
meeting with the County in order to address these issues. So where -- right now
anything having to do with the road closures has stayed, so the County, should not
be able to do anything to those road closures at this time while we appeal that
portion of the order.
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Commissioner Diaz de la Portilla: That's the legal part, if I may, Mr. Chair and Mr.
Manager. So your administration will hold firm, right? These roads remain closed.
Is -- we're protecting our citizens, right? That's your position?
Arthur Noriega (City Manager: Yes. It's been our position all along. We obviously
re -submitted documentation that was requested by the County. And as far as we're
concerned, until this process is -- has been sort of carried forward to its conclusion,
that condition will not -- will remain unchanged.
Commissioner Diaz de la Portilla: Okay. Thank you.
Vice Chair Russell: Madam City Attorney, legal question. And our argument was
that there were certain processes that should've been followed prior to a hearing, the
mediation, et cetera. One of those items is a joint meeting of the Commissions. Is
that a joint of the full bodies or a quorum, or representatives of each commissioner?
Ms. Mendez: It's literally, a commission meeting of the City of Miami with a
commission meeting of the County.
Vice Chair Russell: Logistically, how does that happen?
Commissioner Diaz de la Portilla: That'll be a lot of fun. I can't wait.
Vice Chair Russell: I'm really excited about this.
Ms. Mendez: Logistically -- so the City of Miami, I think we did this with Key
Biscayne, both commissions. We did it at Miami -Dade County College -- Miami
Dade Community College. And we did that in around 2016 when we had the
litigation with Key -Biscayne over Marine Stadium. And that is the
intergovernmental dispute resolution process that you're supposed to first have
meetings of the managers. And then if that doesn't work out, you have meetings of
the commissions. And if that doesn't work out, then you enter into full-blown
mediation. If that doesn't work out, then you go to court.
Vice Chair Russell: In the Key -Biscayne case, there was not full commissions
present nor even a quorum. It was simply a representative of the Commission.
Ms. Mendez: No, no. The commissions were there. There was two commission --
two commissions.
Vice Chair Russell: Got it. Okay. Interesting. Are there any other comments or
questions for --
Commissioner Diaz de la Portilla: I think, Mr. Chairman, that'd be a fascinating
meeting to have.
Vice Chair Russell: I'm not sure who would he the chair in that meeting.
Commissioner Diaz de la Portilla . Well, you'll be the acting chair, I think, for a
while, right?
Vice Chair Russell: Well, the County has one, too.
Commissioner Diaz de la Portilla: They do, really? I didn't know. But I think it'd
be interesting to air it out, because I think Commissioner Carollo made a very valid
point earlier today when he said that County commissioners that represent only
municipal areas completely -- two municipalities, Miami Beach and Miami, for
example. And no un-incorporated areas really don't provide much work or much
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service to that -- to those particular areas. It's the City Commission that do the
work, right? In this case, it's you, Commissioner, Carollo, and Miami Beach -- the
Commissioner for Miami Beach. So to me, that kind of imposition of the County's
will, the strong-arming to the direct detriment of our residents is disturbing, very
disturbing. And to have a public conversation about that, which I think -- and I
thank Commissioner Carollo for bringing this forward today. You're shutting --
you're shining a light on things that really, really matter here. It's a real big issue in
this community. I know because my parents live there. I grew up there. It's been an
issue for a long time. And finally, someone took action. This commission took
action a couple of months ago, and then we took action -- physically took action to
close those roads. And some appointed administrator for Miami Beach -- or former
commissioner comes on board and says, "Hey, I'm not going to put up with this,"
and with sheer arrogance says, "We'll do whatever the heck I want to do, you know,
said the public works department for Miami -Dade, there and close it down." And
our manager -- to your credit, Mr. Manager -- with the courage, says, "You know
what, that's not going to happen." And you went out there, and I saw you on TV and
what you did, and that's important. I think that we continue to bring light to this
issue, and we make sure that people understand that the City of Miami, that the City
Commissioners fight for City of Miami residents. And no outsider can come in and
impose their will and their way of thinking in our community. And I think -- thank
you, Commissioner, for doing this.
Commissioner Carollo: Thank you, but you mentioned arrogance. This is much
more than arrogance. This, frankly, is malice. This is done with malice because we
were dragged without even being served, with just a few hours' notice to go to court
under false pretense to the court because of the County, if Commissioner Higgins
truly felt that the temporary barricades that we had put, that the whole frontage were
skinny plastic cones only at the end so we had maybe three -and -a -half, four feet of
concrete that was about three foot high. If they really felt that that was dangerous, it
was life -- a life safety issue -- look at these here. Look at these here. Why didn't
they drag these, ever, into court? And then the worst part is where I'm showing the
malice. If all they wanted us was to switch the two small concrete harriers at the end
for plastic one with water, why didn't they ever tell us that? No, they went into to
Court demanding that we take everything down, and they lost. They lost because the
judge saw through it, and even in a limited hearing that we had. And I want them to
understand that if they want to keep this up, they're going to have to bring in every
other street closure in Miami -Dade County and in every city into it, because we're
not going to be the only small area because it's poor, because it's weak that's going
to have to close, temporary closings, and dozens upon dozens of others, because
frankly, they're for more -- richer, affluent neighborhoods can do whatever they
want. I support that for cities and their streets to do whatever they want. But if the
County is going to tell us that we can't protect the safety of our residents, and they're
going to give us a lame, frivolous excuse, then they're going to have to use that same
excuse to all the street closures and many others in other cities that I haven't shown
here today. What's good for the goose is good for the gander.
Commissioner Diaz de la Portilla: And if I may, Commissioner, if I may add, Mr.
Chair, the County Commissioner from District 7 at the time that this happened was
Jimmy Morales. He represented part of Coral Gables. So he was okay with closing
Coral Gables streets back then when he was their County Commissioner. But he's
not okay with closing our streets for the safety of our children or residents. So that -
- the record is a record. You can't run away from that.
Commissioner Carollo: You -- I'm glad you reminded us of that. That's correct.
That was -- he was elected in 1993.
Commissioner Diaz de la Portilla: 1993, Commissioner.
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Commissioner Carollo: '93, yeah.
Commissioner Diaz de la Portilla: District 7.
Commissioner Carollo: No, no, no, no. Wasn't nine -- no. It wasn't '93.
Commissioner Diaz de la Portilla: '93 with my, older brother.
Commissioner Carollo: No, no, no. He was -- Ifirst got elected Mayor in '96.
Commissioner Diaz de la Portilla: You're correct. You're correct. '97. You're
correct. After Maurice Ferre.
Commissioner Carollo: Yeah, because he was one of my creations. I ran his first
campaign. Anyway --
Commissioner Diaz de la Portilla: But the point is that he was -- you're right, I got
the date wrong --
Commissioner Carollo: Yeah.
Commissioner Diaz de le Portilla: -- but you're right. He was okay with closing
down Coral Gables' --
Commissioner Carollo: Yeah.
Commissioner Diaz de la Portilla: -- streets, but not okay with protecting the City of
Miami residents, and that to me -- that's where the arrogance comes in, right?
Commissioner Carollo: Again, this is clear and everybody in the County knows it.
He knows it, the Mayor knows it, that this has been coming from one Commissioner,
the same Commissioner that has been doing all kinds of things to us with the COVID
vaccines that, you know, I don't want to even bring up because, you know, when she's
ordering police officers not to allow a City Commissioner to go into an area of the
City of Miami that we are allowed to. It's to the point that -- you know -- I've never
seen this before -- happen between the County or any other city. And anyway, thank
you for your time, Commissioners, Mr. Chair. But this is something that I think we
needed to put out and this is nothing personal against Coral Gables or any other
city. They have a right to close their streets. 1 just wanted to show the hypocrisy
and, frankly, the malice that's coming from the County towards the City. Thank you.
Vice Chair Russell: Thank you Commissioner. That brings P1.6 discussion item to a
close.
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DISCUSSION ITEM
PURSUANT TO FLORIDA STATUTE 376.80, WHICH REQUIRES
THAT AN ANNOUNCEMENT BE MADE AT A CITY COMMISSION
MEETING PRECEDING THE MEETING WHERE THE CITY
COMMISSION MAY OR WILL CONSIDER THE DESIGNATION OF
A BROWNFIELD, I AM ANNOUNCING THAT AT THE MARCH 25,
2021 AND APRIL 8, 2021 CITY COMMISSION MEETINGS, THE
CITY COMMISSION MAY OR WILL CONSIDER, A RESOLUTION
DESIGNATING THE PROPERTIES LOCATED AT 145, 155, 165
AND 191 SOUTHWEST 12TH STREET AND 1105, 1115, 1131,
AND 1133 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA 33130
AS POSSIBLE BROWNFIELD SITES WITHIN THE CITY OF MIAMI
FOR THE PURPOSE OF ENVIRONMENTAL REHABILITATION
PURSUANT TO FLORIDA STATUTE 376.80.
rRESULT: DISCUSSED
Vice Chair Russell That is the entire day's agenda, done before lunch gentlemen.
We're only meeting back for the executive session, as well as Commissioner
Carollo's, pocket item.
Victoria Mendez (City Attorney): Can I just read these two scripts --
Vice Chair Russell: Madam City Attorney, you can read the --
Arthur Noriega (City Manager): And the rental -- and the rental assistance
program.
Vice Chair Russell: And what? I'm sorry?
Mr. Noriega: Rental assistance. Don't forget about that one.
Vice Chair Russell: Okay. Yes. And the rental assistance pocket item, PH (Pocket
Item).
Ms. Mendez: Commissioner Carollo, I only need three, so don't -- don't worry, in
the things that I'm reading. I'm reading two things. One, on two announcements
that I have to do pursuant to Florida Statute. One has to do with a Brownsfield item
that's coming up on 3/25 and 4/8. Pursuant to Florida Statute 37. -- 376.80, which
requires an announcement to be made at a commission meeting preceding the
meeting where the City Commission may or will -- may or may not designate, or will
consider the designation of a Brownsfield, I am announcing that at the March 25,
2021, and April 8, 2021, City Commission meetings. The City Commission may or
will consider a resolution designating the properties located at 145, 155, 165, and
191 Southwest 12th Street and 1105, 1115, 1131, and 1133 Southwest Second
Avenue, Miami, Florida, as possible Brownfield sites within the City of Miami for the
purposes of environmental rehabilitation, pursuant to Florida Statute 376.80.
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DISCUSSION ITEM
UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA
STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE
CONDUCTED AT THE MARCH 25, 2021 MIAMI CITY
COMMISSION MEETING. THE PERSON PRESIDING OVER THE
COMMISSION MEETING WILL ANNOUNCE THE
COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION,
CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING
THE PENDING LITIGATION IN THE MATTERS OF CHALKS
AIRLINE, INC. V. CITY OF MIAMI, CASE NUMBER 17-023207-CA-
01, AND CHALKS AIRLINE, INC. AND NAUTILUS ENTERPRISES,
LLC V. MIAMI SPORTS AND EXHIBITION AUTHORITY AND CITY
OF MIAMI, CASE NUMBER 18-030887-CA-01, BOTH PENDING IN
THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY,
FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THE
SUBJECT OF THE MEETING WILL BE CONFINED TO
SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS
RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE
MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS
SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES
PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER.
THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE
CITY COMMISSION WHICH INCLUDE VICE-CHAIRMAN KEN
RUSSELL, AND COMMISSIONERS ALEX DIAZ DE LA PORTILLA,
JOE CAROLLO, MANOLO REYES, AND JEFFREY WATSON; CITY
MANAGER ART NORIEGA, V; CITY ATTORNEY VICTORIA
MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND
BARNABY L. MIN; AND SENIOR ASSISTANT CITY ATTORNEYS
CHRISTOPHER A. GREEN, GEORGE K. WYSONG III, AND KERRI
L. MCNULTY. A CERTIFIED COURT REPORTER WILL BE
PRESENT TO ENSURE THAT THE SESSION IS FULLY
TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC
UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING
LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT
SESSION, THE REGULAR COMMISSION MEETING WILL BE
REOPENED AND THE PERSON PRESIDING OVER THE
COMMISSION MEETING WILL ANNOUNCE THE TERMINATION
OF THE ATTORNEY -CLIENT SESSION.
rRESULT: DISCUSSED
Victoria Mendez (City Attorney): Then under the parameters -- this is the attorney -
client session request, under the parameters of section 286.011(8), Florida Statutes,
a private attorney -client session, I'm requesting that for March 25th, the meeting on
March 25th. Is that correct Mr. Clerk? It's the 25th?
Todd B. Hannon (City Clerk): Yes, that's correct.
Ms. Mendez: Thank you. For the Miami City Commission meeting on that date to
discuss the commencement of attorney -client sessions for purposes of discussing the
pending litigation in the matters of Chalk's Airlines, Inc. versus City of Miami, case
number 17023207 CA-01 and Chalk's Airline, Inc. Nautilus Enterprises, LLC,
versus Miami Sports Exhibition and the City of Miami, case number 18030887 CA-
01. Both pending in the 11 th Judicial Circuit in and for Miami -Dade County to
which the City is presently a party. The subject of the meeting will be confined to
settlement negotiations or strategy sessions related to litigation expenditures. The
meeting will begin at approximately 10:00 a.m. or soon thereafter as the
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Commission schedule permits and conclude approximately one hour later. It will he
attended by members of the City Commission, which includes Vice Chairman Ken
Russell, Commissioners Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes, and
Jeffrey Watson, City Manager Noriega, myself the City Attorney Victoria Mendez,
Deputy City Attorneys John Greco and Barnaby Min. Senior Assistant City
Attorneys, Christopher Green, George Wysong and Kerri McNulty. A certified court
reporter will be present to ensure that the session is fully transcribed, and the
transcript will be made public upon conclusion of the above cited ongoing litigation.
At the conclusion of the attorney -client session, the regular commission meeting will
be reopened and the person presiding the meeting will announce the termination of
the client's session. Thank you.
Commissioner Carollo: Move.
Vice Chair Russell: There is no motion. It's good. She just needed to read it.
Gentlemen, we'll see you at 2:30. Have a good lunch. Thank you very much,
everyone. We're in recess.
DISCUSSION ITEM
DISCUSSION BY CITY COMMISSION REGARDING SENATE BILL
1236 AND ITS RELATED HOUSE BILL 617, BOTH OF WHICH
WOULD PREVENT THE SENATE FROM ADOPTING OR
PARTICIPATING IN GREENHOUSE GAS EMISSIONS
REDUCTION PROGRAMS WITHOUT EXPLICIT LEGISLATIVE
AUTHORIZATION.
RESULT:
DISCUSSED
aVice Chair Russell: I've been notified by the Mayor, that he would like to enter
three pocket items, which are basically amendments to our legislative priorities. So
I'm going to name those PL9, PL10, and PL11.
Todd B. Hannon (City Clerk): I'm sorry. Can you just identify --
Vice Chair Russell: I will right now. So, PI -- and all three are resolutions opposing
Senate and House Bills that are currently in the State legislature. So, PL9 opposes
Senate Bill 1236 and House Bill 617. This has to do with -- these would prevent the
(INAUDIBLE) from adopting or participating in greenhouse gas emission reduction
programs without explicit legislative authorization, that's PL9. PL10 opposes
Senate Bill 1128, and its related House Bill 919, both of which seek to preempt local
government restriction of utility services. P111 is opposing Senate Bill 856 and
House Bill 839, both of which seek to preempt local government regulation of energy
infrastructure and transportation energy infrastructure. So those are PL9, 10, and
11 that I'd like to enter into the record. Just to make sure I've got three on the dais,
is there a motion to accept those three legislative priorities?
Commissioner Diaz de la Portilla: I want to oppose the first one you mentioned.
Vice Chair Russell: Nine.
Commissioner Diaz de la Portilla: Nine. I'm sorry. Okay. Let me make sure I get it
right.
Vice Chair Russell: Wait, it's a resolution opposing. So, you want to oppose the
resolution opposing, or you want to also oppose the Senate and House Bills?
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Commissioner Diaz de la Portilla: I'm okay with the Bill, with the Senate and House
Bill, 9. The other ones 1 agree with you.
Vice Chair Russell: Got it. So just for the record, Commissioner Carollo, PL9 is the
one -- 1236 and 617, these bills would prevent the State from adopting or
participating in greenhouse gas emissions reductions programs without explicit
legislative authorization. So, the Mayor is asking us to add this to our legislative
priorities so that our lobbyists in Tallahassee can oppose those bills. Do you have a
position on that?
Commissioner Carollo: I'll vote along with these.
Vice Chair Russell: All right. So --
Commissioner Diaz de la Portilla: Because -- well, you need to clam, just to make
sure --
Vice Chair Russell: -- let's vote them separately then, because it sounds like you
may be opposed to at least one of them. So --
Commissioner Diaz de la Portilla: Right. But explain what Senate Bill 1236 and
House Bill 617 do.
Vice Chair Russell: Sure. I'll read the whereas. So Senate Bill 1236 and House Bill
617 have been filed. They would prevent the State from adopting or participating in
greenhouse gas emission reduction programs without explicit legislative
authorization.
Commissioner Diaz de la Portilla: That's it. So, all this -- it allows you to vote -- the
elected representatives to vote on whether they want to accept the Paris Agreement
or other kind of climate change agreements that exist. So, all it does is -- the
Legislation 617, House Bill 617 instead of Bill 1236, is that the legislature -- the duly
elected representatives can vote whether to accept the specific standards set by these
global agreements. So that's why I would oppose this, because I think that that's why
we have elected representatives, elected senators. They have a right to make a
decision based on people that elected them and their opinion on what happens with
that particular -- those particular -- it doesn't mean I'm opposed to these issues.
There are some provisions in the Paris Agreement that works, and they are good
things. There's some that I disagree with, because I think it does not hold other
countries like China and India accountable for the emissions that they're -- the
problems they're causing, really, to the world. And it holds the United States and
our industries and our business accountable when it doesn't hold other countries.
So, to me, to have our State legislature make that decision on a more local level, on
a less global level, is important to me. So that's why I would oppose it.
Vice Chair Russell: I understand your position. I do want our State to do its part
though. Regardless of the merits or problems with the Paris Climate Agreement and
what positions people take on that, the State of Florida should be doing its part to
reduce emissions in any way possible.
Commissioner Diaz de la Portilla: Of course, and they will. That's why we have
elected representatives, elected senators to make those decisions.
Commissioner Carollo: But does -- this is what it says here, "Without explicit
legislative authorization".
Commissioner Diaz de la Portilla: Right.
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Commissioner Carollo: So as I'm -- as 1 am understanding this, that we will be
opposing it unless there's direct explicit legislative authorization.
Commissioner Diaz de la Portilla: What the Bill does is that nothing has to happen -
- the federal government cannot mandate to the State of Florida --
Commissioner Carollo: Yeah.
Commissioner Diaz de la Portilla: -- certain things, certain standards, unless the
legislature authorizes it.
Commissioner Carollo: That 1--
Commissioner Diaz de la Portilla: That's what the bill does.
Commissioner Carollo: Yeah.
Commissioner Diaz de la Portilla: So, I'm not opposed to that Bill. I think the State
should authorize it.
Commissioner Carollo: I agree.
Vice Chair Russell: All right.
Commissioner Carollo: I agree.
Vice Chair Russell: Then what I'd recommend since this is the Manager's -- the
Mayor's item, that if he'd like to make its case at another point, we bring it up then.
At this point, let's just --
Commissioner Diaz de la Portilla: Okay.
Vice Chair Russell: -- there's no motion for it so --
Commissioner Diaz de la Portilla: That's. fair.
Vice Chair Russell: -- let's just leave that off.
Commissioner Diaz de la Portilla: And let's take the other two.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY
OPPOSING SENATE BILL 1128, AND ITS RELATED BILL, HOUSE
BILL 919, BOTH OF WHICH SEEK TO PREEMPT LOCAL
GOVERNMENT RESTRICTION OF UTILITY SERVICES; FURTHER
DIRECTING THE CITY CLERK TO TRANSMIT THIS RESOLUTION
TO THE OFFICIALS
ENACTMENT NUMBER: R-21-0116
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MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes
ABSENT: Watson
Note for the Record: For additional minutes referencing Item NA.10, please see
Item NA.9.
Vice Chair Russell: So, PL 10 and 11, if there is support for that, is there a motion?
Commissioner Carollo: Motion.
Commissioner Reyes: I second it.
Vice Chair Russell: Moved by Commissioner Carollo, seconded by Commissioner
Reyes. Now, for public comment, can you help me with that, Mr. Manager? So, if
there's anybody on -- that would like to call in, you go to
miamigov.com/virtualmeeting, you get instructions for a call line. We need to be
able to have public comment throughout the meeting in case a pocket item involves
an action.
Victoria Mendez (City Attorney): And Chairman, remember that the public comment
form. on the website is available and that is updated the whole -- throughout the
whole meeting.
Vice Chair Russell: The email form?
Ms. Mendez: Yes.
Vice Chair Russell: Okay. Thank you. So, you -- people can email their comments
in, which we may or may not see in the moment, which may or may not weigh in on
our decision making or you can call in. We're doing everything we can during
COVID for people not to have to come to City Hall. And I know it's complicated
from a technical perspective to keep the lines open all day. But we do need to be
ready. So is there -- first of all, is there anyone who has called in on the pocket
items?
Arthur Noriega (City Manager): Still in the process of re-establishing it. So --
Vice Chair Russell: Got it. So, I will table these two items. We've still got to take up
at least the item on the emergency rental assistance. And so -- we do have a motion
to second, hut I'd like to table these two. Is that okay, Todd?
Todd B. Hannon (City Clerk): Sure.
Vice Chair Russell: We can take up -- thank you Mr. Clerk. So, we're just going to
table these PI.10 and 11. PI.9 was not voted on, so please advise the Mayor. Please
advise the Mayor that if he'd like to bring PI.9 to the next commission meeting, he's
very welcome to bring it to our attention and make the case for it.
Commissioner Carollo: I'm sonny. You were saying you wanted to table the other
two?
Vice Chair Russell: Yes, because we can't do public comment until -- the phone
line's not working.
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Commissioner Carollo: 1 see.
Vice Chair Russell: Yeah.
Commissioner Carollo: Okay.
[Later...]
Vice Chair Russell: I would just like to finalize the last two action items which were
the pocket items, 10 and 11.
Commissioner Diaz de la Portilla: Moved.
Vice Chair Russell: Do we have any public comment?
Commissioner Reyes: Second.
Vice Chair Russell: Has anyone called in on these items? We do have a call. All
right. There's already been moved and second, so we'll take public comment and
then we'll vote.
Commissioner Carollo: Do we have a call or --?
Vice Chair Russell: We do; they are technically trying to connect it. There's
someone waiting on the line. You're on with the City of Miami Commission. You
have two minutes to address any of the items that we're speaking on. Just a moment,
please. Sorry. Just a moment. Okay. You -- you can start now. Sorry, we couldn't
hear you.
Dori Guerra: Good evening. I am a resident of the Silver Bluff area for the past 47
years. It is under contention over the barricades. Frankly, 1 am disgusted that
Commissioner Carollo and Commissioner Mr. De la Portilla have enjoyed
expressing that this is a fight between the County and the City. Commissioner
Carollo --
Commissioner Carollo: What does this have to do with this item?
Ms. Guerra: -- has alleged that this is a vendetta from Higgins --
Commissioner Carollo: What does this have to do with this item?
Ms. Guerra: -- which, for the record, 1 do not support or vote for. For you to state
that this is an example of a hypocrisy that exists in our community is quite comical
considering how politicians love to speak from both sides of their mouth. So let's
save that for another day. To state that the removal of the barricades is an example
of the disparity between the affluent and the one for Silver Bluff community is just
wrong. We, the residents, not the few who gathered and rallied around you,
Commissioner Carollo, are the ones who are caught in your power struggle between
the City and the County. You alleged that you are protecting our citizens. Are you?
There is an ALF (Assisted Living Facility) that is trapped by this barricade. And --
Commissioner Diaz de la Portilla: Why are we saying that?
Ms. Guerra: -- just two days ago, an elderly resident --
Commissioner Diaz de la Portilla: That's --
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Ms. Guerra: -- of that ALF had to be wheeled down --
Commissioner Diaz de la Portilla: No. No.
Ms. Guerra: -- the onto Coral Way in order to be transported to the hospital. We
are the ones that are trapped by these enclosures, not you. If something happens to
any of our elderly residents, and the emergency response service can't get to them on
time, it will be on you. One minute can save a life, and Mr. Carollo believes that our
elderly residents can wait three additional minutes for services to arrive. These
barricades are a life and safety issue. Listening to all of you, 1n disgusted by your
desire to strut your power and show the County who is in charge. Mr. De la Portilla
spoke of the County's arrogance. Sir, are you considering your own? That is not my
issue. My issue is that I am now forced to remain in traffic an additional 7 to 9
minutes because of these closures. Since you both love to reminisce, allow me to
reminisce to a time when we asked then Commissioner Francis Suar -- Suarez, who
placed rotundas in our area to slow down the traffic. So, funny enough the disparity
in having someone in their back pocket, only the resident who is friendly and
endorses you, Mr. Carollo, had the rotunda placed on the street by her home, yet the
roads, the ones near St. Peter and Paul where Mr. Sanchez lives, an affluent area,
have rotundas and are not having to deal with barricades.
Vice Chair Russell: Thank you very much. Thank you. The time is up.
Ms. Guerra: Stop deflecting.
Vice Chair Russell: Thank you. That items been closed, and the two minutes are
up.
Commissioner Carollo: Who -- excuse me. Mr. Chairman, I'm -- I'm sorry.
Vice Chair Russell: You're recognized.
Commissioner Carollo: I -- I want to respect the -- your directions as Chair, but
what did that have to do with the two items we're voting on?
Vice Chair Russell: Did -- it does not. It's -- they are calling about an item that was
earlier that they couldn't get through.
Commissioner Carollo: Yeah, but that -- that was for discussion that -- we did not
take any vote in that. If they want to express themselves, they could do that, or could
have done that, before the meeting when people had a chance to speak. And -- and
look, I -- 1 let this one go now, but we need to follow our -- our rules and not have
this f ree-for- all. Did -- did she even mention her name? 1--1--1 might have missed
it.
Vice Chair Russell: Mr. Clerk?
Commissioner Carollo: Was there a name?
Todd B. Hannon (City Clerk): I'm sorry. I wasn't able to capture the name.
Commissioner Carollo: Excuse me?
Commissioner Diaz de la Portilla: Well, look --
Vice Chair Russell: That should've been first. I -- and I apologize that --
Commissioner Diaz de la Portilla: There's a pro --
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Commissioner Carollo: This is the problem that 1 have.
Commissioner Diaz de la Portilla: Commissioner Carollo is correct. There's a
process here. There's a protocol here. And I'm big on protocol. You know that. If
somebody calls to rant and rave like this lady did on an issue that is not before us,
you cut them off.
Commissioner Carollo: Well --
Commissioner Diaz de la Portilla: You cut them off.
Commissioner Carollo: Yeah.
Commissioner Diaz de la Portilla: They have their time to come during public
comment on every issue on our agenda, but to insult people is not correct. And your
power as Chair should be carefully exercised -- or acting Chair, right? Carefully
exercised, but it should be exercised when it has to be exercised.
Commissioner Carollo: Not -- not only that --
Commissioner Diaz de la Portilla: You should never have allowed that to happen --
Commissioner Carollo: Yeah.
Commissioner Diaz de la Portilla: -- Mr. Chair, with all due respect. Never.
Commissioner Carollo: Ken, with -- with all, you know, frankness, I -- I have to
agree with that. We -- we can't allow this to go on. Furthermore, the reason I asked
if they gave a name because that sounded like a very, very familiar voice. Sounded
like a voice that was the one that instructed the police officers on behalf of a
Commissioner to throw me out San Juan Bosco, not to let me in. This sounds like the
voice of a lady that lives in a area where you have street closures all along, hut she's
not complaining about those. You know, I don't know who the person is. All thatl'm
saying is that it sounded like that voice because I have spoken to the few people that
have been against this. I've given them the opportunity to speak to me, and not one
of those individuals sounded like this lady. So, the fact that she started right off the
bat attacking and insulting and not giving her name, you know, spells, you know, a
lot of words. And, you know, I -- I think some of us know who I'm referring to. You
might have recognized that voice, too. But, you know, this is what's happening.
We're getting people, transplants, that are not from that area that are being brought
in so that they could attack, they could disturb the real feeling of the majority of the
residents of the area. I mean, we stated that and we knew that when we voted for
this in January. You're not going to have 100 percent of people. In fact, I'll bet you,
if you go now to Coral Gables and -- and in other different neighborhoods, you go to
even Coral Gate and ask people, `Do they want the closures?" You're going to have
some people that will tell you no. But the fact again that they're using false and fake
information that people are going to die because of it, you only have a three -block
area, my God, there. And the way we done it, the different paramedics, fire trucks,
police vehicles can go through without any interference. But, you know, I just
wonder why these people only worry about this area, but they don't worry about any
of the other areas. I mean, Coral Gate, my God, you got to go maybe 8, 9, 10 blocks
to go around. And Coral Gables, I mean, you got areas you got to go a long, long
way. And -- and like that, you got other cities. But there's still talk of that there.
The only place that the sky is going to fall, that you're going to have earthquakes,
you're going to have drought, you're going to have hurricanes is in this little poor
area, which is the only area, if there's any that really needs it in Miami -Dade
County, street closures, is that one for a problem that was created by the State -- by
the County that was none of their doing because they made an expressway of small
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residential streets so that people could go into US-1 and come out of US-1 that --
through those roads. So, anyway, 1 --
Vice Chair Russell: Thank you, Commissioner. I hear you both.
Commissioner Carollo: I'm sure you were trying to be, you know, balanced,
Commissioner. I understand that, and I, too, have at times bend backwards to give
people the right to express themself and speak more. But we opened it up again for -
- for other issues, and for people to come in when they know that they could have
spoken before or -- or they could do it in other fashions, is -- is not right. And so be
it. We, you know --
Vice Chair Russell: You're -- you're correct, Commissioner --
Commissioner Carollo: -- I've spoken enough.
Vice Chair Russell: The -- the -- the public comment we were opening was for
different items. And you are also correct, there is -- there is not a requirement to
open public comment for discussion items that have no action. It's up to the will of
the body of the Chair and the Commission. But yes, that was -- that was -- that was
someone jumping in after that item was closed --
Commissioner Carollo: Yeah.
Vice Chair Russell: -- and since the phone lines were open.
Commissioner Carollo: And -- and -- and look --
Vice Chair Russell: I just want to say -- I just want to say, I do tend to err on the
side of our bosses, the residents. And if someone is inappropriate, crass, using foul
language, definitely I will shut it down. You know, it's -- it's a fine line, though.
When -- when people are speaking passionately, it -- it's not that I'm trying to open
the lines and let --
Commissioner Carollo: I --
Vice Chair Russell: -- you know, people be rude to our body.
Commissioner Carollo: I-- understand that, but --
Vice Chair Russell: I -- hear you. I hear you.
Commissioner Carollo: The problem here was --
Commissioner Diaz de la Portilla: It's -- not passionately, it's offensively. There's a
difference. Passionate and being offensive are two different things.
Commissioner Carollo: They were -- they were out of order because this is not --
Commissioner Diaz de la Portilla: Right.
Commissioner Carollo: -- the issue at hand. And I -- I'm pretty certain I know who
this lady is. And, you know, she's losing it.
Commissioner Diaz de la Portilla: We have a picture of her.
Vice Chair Russell: That -- that was my error. I didn't realize the Clerk had not --
was not able to capture the name. We should have absolutely stopped because we --
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we do have the right to know who is addressing us. We don't need your address; we
just need your name and what you're speaking on. So --
Commissioner Diaz de la Portilla: So, you 're blaming it on the Clerk now?
Vice Chair Russell: Not at all. I didn't catch --
Commissioner Reyes: Call the question.
Vice Chair Russell: -- the name myself, but if l had realized it hadn't been captured,
I would've stopped and asked for the name. But let's move on.
[Later...)
Vice Chair Russell: No, no, so, we were trying to finish items PL10 (Pocket Item)
and 11, the Mayor's legislative priorities. There has been a motion and a second,
we'll bring it back on the table. Is there any further discussion? All in favor, say
"aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes. Thank you very much.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY
OPPOSING SENATE BILL 856, AND ITS RELATED BILL, HOUSE
BILL 839, BOTH OF WHICH SEEK TO PREEMPT LOCAL
GOVERNMENT REGULATION OF ENERGY INFRASTRUCTURE
AND TRANSPORTATION ENERGY INFRASTRUCTURE;
FURTHER DIRECTING THE CITY CLERK TO TRANSMIT THIS
RESOLUTION TO THE OFFICIALS NAMES HEREIN.
ENACTMENT NUMBER: R-21-0117
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes
ABSENT: Watson
Note for the Record: For minutes referencing Item NA.11, please see Item NA.9
and Item NA.10.
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DISCUSSION ITEM
DISCUSSION BY VICE CHAIR RUSSELL REGARDING A
PREVIOUS DIRECTIVE CONTAINED IN RESOLUTION R-20-0257;
DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL
NECESSARY STEPS TO PLAN AND DEVELOP IN THE BEST
INTEREST OF THE RESIDENTS OF THE CITY ANY NECESSARY
IMPLEMENTATION TOOLS, POLICIES, AND REGULATIONS
NEEDED FOR THE WEST GROVE BLUEPRINT.
rRESULT: DISCUSSED
Vice Chair Russell: So we're just going to take up the emergency rental assistance
item. Before we do that, Mr. Manager, I just had a procedural question. Six months
ago, in September, we passed a resolution of the City Commission giving this -- the
Manager direction to bring back within six months a West Coconut Grove affordable
housing blueprint plan. Basically, a zoning exercise working with the community
and the stakeholders, and the elected to bring back a plan for affordable housing and
zoning changes within the West Grove. It's rhetorical for me to ask where that is
because I know it hasn't been done, and that bothers me, because that neighborhood
is under incredible pressure for displacement, gentrification, people getting kicked
out of their homes, and buildings being knocked down. People are just land banking
there. We need to incentivize the affordability, not just through the
(UNINTELLIGIBLE) of our bond or as a potential CRA (Community Redevelopment
Agency), but through the stick side of a zoning change that will actually drive
affordability and incentivize that. I would just like to get a status of where that is
and if we needed to have hired an outside firm, 1'd like to understand why we did not
do that six months ago to carry us through this process. And if the answer is at this
point, we do need that outside help, I would like to direct the Manager to bring that
outside help in the term -- in the process of a four -fifths in the corning weeks at the
commission so that we can get that going. I know you don't have the pool ready yet,
but that's my ask. So Jeremy could you help me understand -- Mr. Gauger, could
help me understand where we are in the process of that zoning, because I really want
to know that when this commission makes a direction to the Manager that it gets
followed through on, and it hasn't been in this case.
Jeremy Calleros Gauger: Good afternoon, sir. Jeremy Calleros Gauger, Assistant
Director for the Planning Department. So, I can give an update because we were
looking at bringing that along through two different tracks. One was, if we go
through an RFQ (Request for Qualifications) process for this particular project, and
the other one is we are in the process of bringing on a pool of consultants, but we're
still in -- I don't want to speak for procurement about exactly where we are in the
process, but we've reviewed firms and moving on to next steps. So, at this point, if
we want to act most quickly, it would probably be through the four -fifths, because we
have developed scope of work and we've -- and so we have made progress on it, but
the -- we're in procurement on the -- so I think --
Vice Chair Russell: You're in procurement on the pool, not on this.
Mr. Gauger: On the pool, yes. But we have done the steps that we need in terms of
developing scope of work and similar --
Vice Chair Russell: So --
Mr. Gauger: -- preparation.
Vice Chair Russell: And I know we're in transition with directorship of the Planning
Department at this time, but the Manager has been here since September, you've
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been here since September. I'd like to understand why -- the wakeup call for me was
at one of the community meetings about the CRA when 1 was told, we're not working
on this yet, we're waiting for the CRA. And that was a shock to me because these are
not related items. Zoning is one thing that this body manages completely
independent, and there was a resolution directing the Manager to bring back a final
plan within six months. If there was a pool that wasn't going to be put together for
eight or nine months, why didn't someone come back to this commission and say, we
need direction to hire someone now? If you need -- I -- we thought you could do this
in-house, but if you can't do it in-house, you got to tell us that you need help from
outside, which is fine, so that we could've taken action. We've lost six months on this
project and the residents are waiting for this. We really, really could use the help,
and I think, with my limited time left in office, I want to spur this zoning and create
these incentives so that the affordable housing can be created as quickly as possible.
We're trying to create or preserve 3,000 units a year right now in the City and we're
not anywhere near that. So I need your help.
Commissioner Diaz de la Portilla Mr. Chair.
Vice Chair Russell: Yes.
Commissioner Diaz de la Portilla: I went to the restroom. So what are we talking
about?
Vice Chair Russell: Six months ago, we as a body gave direction to create -- for the
manager to create the West Grove affordable housing blueprint.
Commissioner Diaz de la Portilla: Okay.
Vice Chair Russell: The deadline for that was three days ago and I don't know why
it's not on the agenda today to give us the final product.
Commissioner Diaz de la Portilla: So it's not the issue that's on our regular agenda.
Vice Chair Russell: No.
Commissioner Diaz de la Portilla: Is this something you brought out of the clear
blue.
Vice Chair Russell: It should be on our regular agenda, because six months is up,
and the management should've brought back --
Commissioner Diaz de la Portilla: Oh, okay. So you're bringing out --
Vice Chair Russell: -- this --
Commissioner Diaz de la Portilla: -- a totally different issue. It's not something that
Vice Chair Russell.: Yes. It's -- yes. It's not.
Commissioner Diaz de la Portilla: Okay. I'm sorry. That's why -- I was a little bit
lost.
Vice Chair Russell: Sony. Before we close the meeting -- but we deal with so many
things, but all of us need to know that when we pass a reso, it gets followed through
on --
Commissioner Diaz de la Portilla: That's true.
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Vice Chair Russell: -- by the administration.
Commissioner Diaz de la Portilla: That's true.
Vice Chair Russell: And if it can't be for any reason, come back to us. Come to me
in my office directly. And -- I mean, we want to see success here. We don't want
them up here going, what happened? Why didn't we do it? And I really feel like the
ball was dropped. This neighborhood was completely forgotten on this issue. So
yes, I would like the most rapid way possible to four fifths, a outside company to
conduct this for you if you guys can't do it in-house. I need it done. So if you could
bring something back, if procurement could bring something back at the next
meeting that would be great. Is that good? Thank you. It's just direction, there's no
need for a vote.
Annie Perez (Director, Procurement): Okay. IfI may, just to let you know where the
pool is, you'll be getting to the -- I'll disinfect when I get back to my desk. We are
about to engage into the negotiations phase with the firms, okay? Just to let you
know.
Vice Chair Russell: Thank you. Good luck with the pool, hut we need to get rolling
on this one.
Ms. Perez: That's fine. I'm just letting --
Vice Chair Russell: Thank you. Thank you very much.
DISCUSSION ITEM
DISCUSSION BY COMMISSIONER CAROLLO REGARDING
VERBAL AND WRITTEN ATTACKS ON ELECTED OFFICIALS AND
THE ADMINISTRATION FROM PAID INDIVIDUALS WHO LIVE
OUTSIDE THE CITY OF MIAMI.
RESULT: DISCUSSED
Commissioner Carollo: I do want to touch upon something else because, you know,
there's a small group out there that don't live in the city, that they are being paid to
attack the City, to try, to create disruption, to try to undermine Miami. And there is
one character that I mentioned this morning that --
Commissioner Diaz de la Portilla: Billy Corben.
Commissioner Carollo: -- he went wild, I'm told. He was all upset. You know, they
liked to dish it out but they can't take it. So, for today, I'd like to take a few more
minutes for my little Billy Cohen afternoon chat. And you know, I think I'm going to
have to have this in the agenda, every item. So if you guys don't mind putting it for a
few minutes --
Vice Chair Russell: Can we just finished this item, Commissioner?
Commissioner Carollo: I thought we did.
Vice Chair Russell:: Just -- just I had one other comment before we conclude.
Commissioner Carollo: Okay.
Commissioner Diaz de la Portilla: I'm beginning to enjoy this.
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Vice Chair Russell: We're going to get back to it. Don't worry.
Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) interrupt,
(UNINTELLIGIBLE) ?
Vice Chair Russell: I apologize for you as he was about to get on a flow.
[Later...]
Vice Chair Russell: Was there anything else that I'm missing?
Commissioner Carollo: Well, unless you're scared --
Vice Chair Russell: Oh. I forgot. Yes. You had --
Commissioner Carollo: Unless you've gotten scared of this guy, I don't know.
Vice Chair Russell: No, no, no. I'd forgotten you had a pocket discussion you'd like
to bring in.
Commissioner Carollo: Well, look, I asked the Manager the questions that I did on
the Rental Assistance program because there are some out there that have been
trying to twist the facts, put out fake news in their way to keep attacking this city, the
City's Mayor, the Administration, elected officials, individuals that don't even live in
the City of Miami. And I didn't know that just by saying a few words I was going to
ruffle so many feathers and, you know, Billy Cohen [sic], but I'm told that I did and I
just want to make it clear to the gentleman that if the reason he's so upset on the
Rental Assistance program that we had, that it hadn't taken off yet, which I think the
Administration explained, I want him to understand that he cannot apply to the City
of Miami for any funding. He's not allowed to receive any rental assistance in the
City of Miami. And let me explain to him why. First of all, he doesn't live in the City
of Miami, he lives in the Jockey Club that's on Biscayne Boulevard, about 111th
Street, that's 20 plus streets outside of the City of Miami boundaries. Second of all,
he has been receiving rental assistance for a long time. Rental assistance from his
staunch republican grandfather that has given him the apartment, the small
apartment that he lives, in the Jockey Club, where I know he likes to show off that
he's a millionaire, that he's got all his money, but the truth of the matter is he's far
from it. So, he doesn't qualms for rental assistance from us. He lives next to the
grandfather's sister where she lives with his cousin, two other staunch republicans in
Jockey club. And his father lives not far away, North Miami, another staunch
republican. You know, Billy Cohen [sic], 1 think is one of those closet Republicans
that is laughing at a lot of people pretending that he is this progressive individual
when he lives off of republicans. Now, I'm not going to go into more today, but I do
want to put aside a special few minutes every meeting that's going to be a little Billy
Cohen [sic] time. Maybe next meeting I'll go into to how those condominiums were
paid from -- for, how the money came in, since he likes to call everybody a racist.
Everybody's a racist according to little Billy Cohen [sic]. Well, maybe we need to
show the next meeting how that money was made so he could live off his grandfather.
Maybe we need to show the pay for play Billy and talk about how he has been trying
to harrn people in the City of Miami and who's been paying so he could play. So, I
will leave it at that for now. But he could try to play his games against this City. 1'll
say this to you, Commissioner, he along with a couple of more of these characters
bragged and did everything they could to defeat you when you ran last time. In
District 2, that I think we'll know has to be the most progressive district in Miami,
not even in District 2 were they able to knock you off. I mean, they didn't even come
close. So if they think that they're going to be able to hurt the Mayor or hurt me,
boy, these guys really don't understand the City of Miami. And just because they
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don't live here -- they were from here. When I first got elected, Commissioner, Billy
was in diapers in the west coast where he was born at, one years of age or so. So
today, now that I see that I really have gotten under his skin somehow, 1 mean, boy,
for a guy that makes his living attacking to be so soft that he can't take even a joke. I
mean, the guy really thinks that I wanted to go out on a date with him to the movies,
can you imagine that? He doesn't even know what a joke is. But I do want to repeat
that just like he came once before to my office and when I walked in the room, and he
saw me and he was all smiles. I mean, I almost was going to ask -- until I was told
who he was, I was going to ask who's this is little boy here? Because he's short, you
know, and -- but I was told that was Billy Cohen [sic]. And he didn't make any of
those nasty remarks that he makes about me now, or any of you, or the Mayor. He
was just nice and as polite as I've ever seen anyone. So I really don't understand
why if he saw this monster, like he wants to make me how to be now, face-to-face, he
didn't say anything, didn't do anything, he was just all smiles, laughing, everything
was wonderful, honky dory, but little Billy now doesn't like any of us. But it's
because it's pay for play Billy, pay for play Billy. So, stay tuned boys and girls, it's
going to be fun every meeting on little Billy Corben time.
DISCUSSION ITEM
DISCUSSION BY THE CITY COMMISSION REGARDING THE
CITY'S NEED FOR A PLAN TO ALLOCATE THE CORONAVIRUS
STIMULUS FUNDS THE CITY WILL BE RECEIVING FROM THE
$1.9T AMERICAN RESCUE PLAN.
RESULT: DISCUSSED
Vice Chair Russell: Mr. Manager, the American Rescue Plan being passed today by
President Biden would yield potentially $70 million to us in 60 days from passage.
Commissioner Diaz de la Portilla: Yes. But it was not passed by President Biden.
The Legislature, the Congress passed it.
Vice Chair Russell: Right.
Commissioner Diaz de la Portilla: But President Biden hasn't passed anything.
Vice Chair Russell: Correct. But he will sign it. Right.
Commissioner Diaz de la Portilla: Yes, he will sign it.
Vice Chair Russell: If he signs it today.
Commissioner Diaz de la Portilla: Just to be clear.
Vice Chair Russell.: Yeah. If he signs it today, the funds could come to the City as
soon as, let's say our May 13th Commission meeting. So, what I would like is for us
to have a plan to spend that money on day one rather than starting the planning once
we receive the fends. So, we have two months to create a $70 million rescue plan for
our city.
Commissioner Reyes: I second it.
Commissioner Diaz de la Portilla: And I'll triple that. Because that --
Vice Chair Russell: And as you've seen, this body is very specific on the policies of
how we distribute these funds, how we help our residents. And so I think you're
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going to need to circulate either once per Commission meeting leading up to that to
see a status and get a feel for it or start visiting Commissioners one by one --
Commissioner Diaz de la Portilla: No. We have --
Arthur Noriega (City Manager): My suggestion, would have --
Commissioner Diaz de la Portilla: We haven't had -- I'm sorry.
Mr. Noriega: -- a dedicated meeting.
Commissioner Diaz de la Portilla: Yeah, I agree. We have -- it's 139 million in
total, right?
Vice Chair Russell: Yes.
Mr. Noriega: Correct.
Commissioner Diaz de la Portilla: 70 million in first batch?
Vice Chair Russell: Yes.
Commissioner Diaz de la Portilla: A specific meeting for that. That's a heck of a lot
of money. The Administration needs to bring a plan -- you're correct, Mr. Chair,
110 percent correct. A specific plan of how we could spend those dollars and if we
can in fact talk about some of our other issues that we can address with those
dollars, that we talked about earlier today and that we talked about the last couple of
weeks, some of the collective bargaining issues and all those things in general terms,
right? Can we -- you come with specifics. You can spend it on this, on that, on this,
affordable housing, whatever the issues are. How can we spend those dollars?
Conmiissioner Reyes: How can they be spent?
Vice Chair Russell: They haven't done the analysis yet.
Commissioner Diaz de la Portilla: But specifically, like we deal with rental
assistance specifically --
Commissioner Reyes: That's right.
Commissioner Diaz de la Portilla: -- that we can spend it.
Commissioner Reyes: Yes.
Commissioner Diaz de la Portilla: Because we can do -- we can -- an infusion of
that kind of cash into our City coffers is very valuable, for our residents this year. So,
we don't want to wait when we have $139 million -- 70 million that we're waiting, by
the way with the Miami Forever Bond. We're still waiting on that. How long do we
sit on this money, and by the way are we gaining any interest on that -- on top of
that, right? So, if we're waiting on it, nothing's' going to get done. Let's just get with
-- the Chair is correct. When it comes to you, when the money gets here, we need to
have a special meeting where you tell us, spend it on this, this, and then we can have
a debate.
Mr. Noriega: Well --
Commissioner Diaz de la Portilla: I agree with you.
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Mr. Noriega: -- so, my recommendation was way ahead of that, obviously, way
ahead of receiving the money, for us to have a dedicated meeting specifically for
that. Once we have a determination and we have a -- we'll call it a white paper on
what we can actually do with the money, well disseminate that information ahead of
time and then have a dedicated meeting specifically, to -- to address and discuss how
we're going to --
Commissioner Reyes: Okay.
Vice Chair Russell: So that will need to take place in April at some point.
Mr. Noriega: Correct.
Vice Chair Russell: Okay.
Mr. Noriega: Correct. But a special meeting, not aligned with an existing --
Vice Chair Russell: Agreed, agreed. And the first thing we'd need to decide is the
basic -- how -- the division of the pie, the bucket of, you know, whether -- how much
is for rental assistance --
Mr. Noriega: Correct.
Vice Chair Russell: -- how much is for, you know, COVID recovery, what -- the
various buckets we need. Once we decide that, then we can get into the specifics of
how each program works. So this may be more than one special meeting. So please
schedule it early enough that we can potentially reconvene and vote on something
final before March 13 -- or May 13th?
Mr. Noriega: May.
Commissioner Diaz de la Portilla: One final point.
Vice Chair Russell: Yes.
Commissioner Diaz de la Portilla: One final point. There is a recalculation of the
API (Anti -Poverty Initiative) that I spoke about earlier. The new API, this December
2020, whatever allocations we have, have to be reflected by the new API calculation.
By the way, Commissioner Carollo, I'm two points ahead of you. At 22 to 20 percent
on the new API calculation. The calculations that were being used until now were
December 2019, pre-COVID. So, Mr. Mensah did a new calculation and he found
what the actual percentages of poverty in each district. So, as we distribute these
dollars, I want to reflect the most updated information on where the poverty is
throughout our --
Commissioner Carollo: That's fine.
Commissioner Diaz de la Portilla: -- city.
Commissioner Carollo: I'd just like to see --
Commissioner Reyes: That's fine with me.
Commissioner Carollo: -- the calculation because Mr. Mensah sometimes has
hiccups in his calculations.
Commissioner Diaz de la Portilla: If he doesn't pull a Rose on us, we should be fine.
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Commissioner Carollo: All right.
Commissioner Diaz de la Portilla: If he doesn't pull a Rose on us, we should be fine.
Commissioner Reyes: What's fair is fair.
Commissioner Diaz de la Portilla: Yeah. Absolutely. That's all.
Commissioner Reyes: Absolutely. What's fair is fair.
Commissioner Carollo: Whatever it is, you know, we go along with it.
Commissioner Reyes: That's right.
Vice Chair Russell: Just a minute, gentlemen. Mr. Mensah is asking if he can be
recognized on Zoom.
Commissioner Reyes: No, no.
Vice Chair Russell: Is there a way to promote him on Zoom? Maybe he wants to
address this comment?
Commissioner Diaz de la Portilla: Can I give Mr. Reyes this information --
Commissioner Reyes: Sure, sure.
Commissioner Diaz de la Portilla: -- so this is for public records purposes.
Commissioner Reyes: Okay, thank you, sir.
Vice Chair Russell: All right. If there's -- if there's -- if Mr. Mensah is not available
or we can't promote him on Zoom --
Commissioner Diaz de la Portilla: Every Commissioner's office got a copy of those
FAQ's (Frequently Asked Questions), they only brought me one. So, your chief of
staff all got a copy of that. And so did the City Manager, so they have it.
Mr. Noriega: Are you saying he's requesting to be on because he's --?
Commissioner Diaz de la Portilla: Please (UNINTELLIGIBLE) ask questions with
Department of Treasury and the rental assistance.
Mr. Noriega: Are you saying he's --
Commissioner Carollo: When was it sent?
Vice Chair Russell: The Clerk just alerted me --
Commissioner Diaz de la Portilla: Excuse me, sir?
Vice Chair Russell: -- that he's raising his hand on Zoom.
Commissioner Carollo: When was it sent?
Mr. Noriega: Oh, really? I thought he was at a family -- dealing with a family
emergency so --
Commissioner Diaz de la Portilla: Right now. Ten minutes ago.
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Alfredo Duran (Assistant Director, Community Development): He was asking to be
promoted during the conversation on the -- on the program --
Commissioner Carollo: Promoted?
Commissioner Diaz de la Portilla: Recognized, recognized.
Commissioner Carollo: I think we'd better start again.
Commissioner Dias de la Portilla: 1 think we are firing people; we're not promoting
people.
Mr. Duran: Zoom speaking. Zoom speaking.
Vice Chair Russell: Oh, okay.
Mr. Duran: Yeah. So, I'm not sure if he wants to be promoted or asked to recognize.
Vice Chair Russell: I don't think there's anything else standing to discuss, so I'm
going to close that item.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER TO UPDATE THE MIAMI CITY
COMMISSION'S PUBLIC COMMENT PROCEDURES AND
DISCONTINUE THE USE OF THE PUBLIC COMMENT
TELEPHONE LINE; FURTHER DIRECTING THE CITY MANAGER
TO ENSURE THAT ALL THE PROPER MECHANISMS AND
PROCEDURES ARE IN PLACE TO PROVIDE THE PUBLIC WITH A
SAFE AND REASONABLE OPPORTUNITY TO BE HEARD ON A
PROPOSITION BEFORE THE MIAMI CITY COMMISSION.
ENACTMENT NUMBER: R-21-0118
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Diaz de Ia Portilla, Carollo, Reyes
NAYS: Russell
ABSENT: Watson
Commissioner Carollo: But, on that same -- on that same issue, Madam City
Attorney, look, this -- this whole thing with phone calling opens itself up to a lot of
stuff. You know, we're open already.
Commissioner Reyes: People hiding.
Commissioner Carollo: People can come like before. Before COVID, we never had
people being able to call in like this. People came in, they could speak their two
minutes, and you know, we could see who was calling. Here now, they could be
calling me from any part of the world, who knows who it is, and conceivably, like
someone tried to do once already, they could try to shut down our -- our meetings,
where we won't be able to even meet and do the people's work. So, my question is,
why do we keep -- have to be taking phone calls? People could come in, they could
speak from out there, or they could come in here and speak from here. Why is it that
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we still have to take phone calls, when before COVID we never did before? There's
nothing now that prevents individuals from coming to City Hall and expressing
themselves.
Vice Chair Russell: We are -- we are not legally required to. This is a courtesy that
we offered to our residents during a state of emergency to not have to come in
physically --
Commissioner Diaz de la Portilla: Well, well, but --
Vice Chair Russell: -- but we are not required to. You are correct.
Commissioner Diaz de la Portilla: If1 may be recognized for one second.
Vice Chair Russell: You're very recognized.
Commissioner Diaz de la Portilla: To our residents, not to people from other parts
of the county or other parts of the state or other parts of the country, or other parts
of the world. When we open the phone lines up, anybody can come in even though
they're not under our jurisdiction and say whatever they want to say. Are we legally,
required to have these phone calls? So why are we doing it? And let's put a stop to
it.
Vice Chair Russell: That's what I just said. We're not legally, required to do it.
Commissioner Diaz de la Portilla: Okay. Well, I know, but I'm asking -- I'm asking
-- I'm asking the City Attorney because I know she's the lawyer, right?
Vice Chair Russell: Yeah.
Commissioner Diaz de la Portilla: So I'm asking her. If we're not legally required
to do it, let's stop doing it. Put an end to it. We don't need to do this anymore.
People can come and testify here. People could come and, you know, do other -- but
not call in and just from any part of the state or any part of the world and go on a
rant like this lady just did, right? So can we put a stop to it?
Victoria Mendez (City Attorney): It's the will of the body.
Vice Chair Russell: It is the will of the --
Commissioner Diaz de la Portilla: Okay. It is -- I think it's the will of the body.
Commissioner Carollo: It is the will of the Commission.
Vice Chair Russell: Just --
Commissioner Diaz de la Portilla: So let's just vote on it --
Vice Chair Russell:: Okay, but --
Commissioner Diaz de la Portilla: -- so you'll know clearly what the will of the body
is, and we stop it.
Vice Chair Russell: Just a moment.
Commissioner Diaz de la Portilla: Just take a vote on it.
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Vice Chair Russell: Okay. But just keep in mind, I've got two Commissioners with
no mask on right now. We have one Commissioner who's too sick to even be here
because of his COVID infection.
Commissioner Diaz de la Portilla: I -- I have a mask on. I just want to make sure
I'm understood to be clear.
Commissioner Carollo: Let me -- let me saw --
Commissioner Diaz de la Portilla: And we have plexiglass in between.
Vice Chair Russell: Commissioner, please, this is my point. We are getting
complacent while there is still a pandemic out there that could affect any one of us --
Commissioner Diaz de la Portilla: That's a different conversation that --
Vice Chair Russell: No. No. But listen --
Commissioner Diaz de la Portilla: No, Mr. Chairman, we're discussing now is when
people call in and rant and rave. We're not discussing --
Vice Chair Russell: No, that I understand --
Commissioner Diaz de la Portilla: -- the pandemic or the -- or the vast --
Vice Chair Russell: But I -- but -- but I am telling you why I believe that it's okay to
still have phone lines open and why we should because otherwise people are
compelled to come in here. So, do you know --
Coniniissioner Carollo: No, they 're not. They can speak their mind
(UNINTELLIGIBLE).
Commissioner Diaz de la Portilla: Then vote against it. Then vote against it.
Vice Chair Russell: Just a moment. Just a moment. I -- I don't even want to be here
physically. I wish that we could meet virtually because of all of our health. Do you
know that we have 1,000 employees who have contracted COVID? One -quarter of
our workforce has gotten this virus.
Commissioner Carollo: Is that correct, Mr. Manager?
Arthur Noriega (City Manager): 1 -- yeah. I don't have the exact number. He's
right.
Commissioner Diaz de la Portilla: Okay. Well, that's fine. It is what it is. So --
Vice Chair Russell: I'm just trying to keep it as safe as possible. It's not about
allowing people to snipe us, it's not about --
Commissioner Diaz de la Portilla: So --
Commissioner Carollo: All right. Let me -- if I could answer him for one second
because the part that we -- you know, I was drinking coffee and that's why I had my
mask off for a minute, like you were, but let me say this to you from me because I
take this very seriously. And if there's been one office that after serving over
100,000 meals, serving over 7,000 bags of food during the holidays, over 6,000
turkeys and more, and going like all of us through all the buildings, that no one in
my staff has gotten COVID, has been in my office because I make sure that we follow
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protocol, wear masks, wear gloves, and everybody had it. But let me also say this, in
my case -- and I want to be very, very clear in this, 1 have read the latest studies in
COVID and in vaccinations. The latest one came from Israel that they are more up
to date than any country, including our own, in doing studies. And they've done it
with Pfizer in particularly, and Moderna, but Pfizer. All their studies, like the ones
that Pfizer has done independently, and Moderna, indicate that once you've had your
second shot -- I have had my second shot because of my age -- that you do not
transmit to anyone COVID.
Commissioner Reyes: Nor can be infected.
Commissioner Carollo You do not transmit it. So, I just want to get that on the
record, which is another reason why it's important that people get their vaccination.
Because once they've been vaccinated, not only are they protected, tremendously
protected -- and let me tell you another study that came from Israel, which I find it
really, really good news that both Pfizer and Moderna will still protect you from the
Brazilian variant which we were very worried about.
Commissioner Reyes: And the British (UNINTELLIGIBLE).
Commissioner Carollo: Well, the UK, it's a proven fact already.
Commissioner Reyes: That's right.
Commissioner Carollo: But the fact is that once you're vaccinated not only are you
protecting yourself, but you're protected from spreading COVID to anyone else.
Vice Chair Russell: You're absolutely right.
Commissioner Carollo: And so I just wanted to get that on the record.
Vice Chair Russell: And you're absolutely right that vaccines are our solution to
getting back to normality in this room. But the paradox is we are forced to be here
in person and the staff is forced to be here in person, but the Governor has not
allowed us to vaccinate anyone in this room other than for age. Every one of our
employees that are forced to be here should be allowed to be vaccinated at this
point.
Commissioner Carollo: Listen, I cannot speak for the State. I'm frustrated that we
haven't gotten enough vaccines and I have tried everything possible, like I'm sure
every one of us has and we haven't. I found it sad that after we were the ones that
opened the doors with San Juan Bosco, those vaccines from the State were given to
the County to use. And then, to address the Commissioner, the order was given to
the County police, "He can't come in." And I have it on video, by the way. I have it
on video. And the police officer, before we got him on video the second time told me
that he was -- he pointed out to the aide of the County Commissioner that gave the
order that I cannot come in. Then he -- when the cameras went on to film, the
telephones, he tried to change his story, but he -- we got him where he said that
Commissioners cannot come in. But there were Commissioners there, one
Commissioner, and we had dozens of residents that had made reservations to -- and
were told to come in for their shots and their names were not on the list. So, I don't
know what went on there because we were not allowed to go in. And Commissioner,
I will say this to you, people don't have to come here. They could speak from outside
in the open air where we could have a camera, we could see who it is, and they could
see us from the outside too if they don't want to come here.
Vice Chair Russell: We could set that up. That's absolutely true.
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Commissioner Carollo: There's no problem in doing it.
Commissioner Diaz de la Portilla: And I think we do that, and we eliminate any, of
these voice messages. And we do that and we allow them to come outside. We take -
Ms. Mendez: So, if I --
Vice Chair Russell: It will be the will of the body. I -- I'm not ready for that. I wish
we could get a little further along in the vaccines before we force people to come
here physically, but it's the will of the body. If there's a motion, we will vote on it.
Commissioner Diaz de la Portilla: 1 will make the motion if will get a second on it.
We move forward.
Commissioner Carollo: I will second it.
Vice Chair Russell: What is the motion exactly, please?
Commissioner Diaz de la Portilla: The motion is to disallow these audio --
Vice Chair Russell: Telephone public comments.
Commissioner Diaz de la Portilla: -- these telephone public comments and people
have to come in person and stand outside. And we could provide all the mechanisms
available to them to be able to address their government.
Commissioner Carollo: I would only include if a --
Ms. Mendez: Okay. As long as there is that mechanism that everybody --
Commissioner Diaz de la Portilla: That's what 1 said all the proper mechanisms for
them to just --
Vice Chair Russell: It will be -- part of the motion is directing the Manager to create
that mechanism, correct?
Commissioner Diaz de la Portilla: Correct. Which is definitely a camera outside
and a podium and people come where they speak and we see who they are.
Vice Chair Russell: We used to have that.
Commissioner Diaz de la Portilla: Yeah. We used to have that. We still have that,
right?
Commissioner Carollo: If the maker of the motion would agree, as the part of the
motion, people will have the option of whether they could be outside in the open air
to address us --
Commissioner Diaz de la Portilla: Correct.
Commissioner Carollo: -- or if they want to come in.
Commissioner Diaz de la Portilla: Yes, sir. I agree.
Commissioner Carollo: Doing it this way, we're not putting anybody in jeopardy.
Commissioner Diaz de la Portilla: Correct.
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Commissioner Carollo: No one should be concerned unless they're afraid to breathe
in open-air and the virus --
Commissioner Diaz de la Portilla: I agree.
Commissioner Carollo: -- doesn't travel like that.
Commissioner Diaz de la Portilla: And we exercise -- we make sure that our Police
Department, our Sergeant's Office keeps a six feet social distance, and everything is
properly observed, the protocols are respected.
Commissioner Carollo: But in the world that we live in today when you have, you
know, Twitter terrorists, individuals that they just want to disrupt, they just want to
destroy, this game cannot happen in the City of Miami where who knows who's
calling and if someone decides that they want to put 1,000 calls on 100 different
topics, our meetings could actually be disrupted because now we're talking 100
different topics.
Commissioner Diaz de la Portilla: And the function of government is disrupted.
Commissioner Carollo: Yeah.
Vice Chair Russell: I understand you and I hear your point of view. I know that all
of you have residents who have been serviced by the home -bound vaccine and there
are people who are afraid to even leave their house, even to get the vaccine. And
they're the ones I'm thinking about that may want to comment on one of our recovery
programs or something. And I just -- for me, I would like to wait a little longer, but
it's the will of this body. There is a motion. Is there a second?
Commissioner Carollo: There's a second.
Commissioner Reyes: Before 1 vote 1 want to ask the City Attorney a question. Are
we required to receive -- because I think this was a directive from the Governor,
right? Are we required to receive calls?
Vice Chair Russell: No.
Ms. Mendez: We're not -- we're not required to receive calls. It was my
recommendation that if f we did not have the video submissions, that another
opportunity would be the telephone calls when we were in the height of the
pandemic, and this was a good access point far --
Commissioner Reyes: Okay.
Ms. Mendez: -- the citizens. But we are not required to do so. You still have the
public comment form that you -- that allows everybody in real time to submit and
you've been -- and you get those updated several times during the meeting. But I do
want to make sure that whatever decision you make that there is adequate access.
Commissioner Reyes: Okay.
Vice Chair Russell: Thank you.
Commissioner Reyes: Okay. And if we have --
Vice Chair Russell: There's been a motion, there has been a second. I say this with
great hesitation, but is there anyone on the phone who would like to comment on this
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item? There are no calls. We will close public comment. Is there anyone here
who'd like to comment on this item? Closing public comment.
Commissioner Reyes: We have not eliminated calls yet?
Vice Chair Russell: Not yet. Until -- any further discussion for the dais? All in
favor, say "aye."
Commissioner Diaz de la Portilla: Aye.
Commissioner Reyes: Aye.
Commissioner Carollo: Aye.
Vice Chair Russell: Any opposed? No. Thank you vely much. Respectfully, thank
you.
Commissioner Reyes: Your -- the call was traced --
Vice Chair Russell: Motion passes.
Commissioner Carollo: Sony, Maggie.
DISCUSSION ITEM
CITY COMMISSIONERS ACKNOWLEDGED COMMISSIONER JOE
CAROLLO'S BIRTHDAY AND TOGETHER WITH MEMBERS OF
THE AUDIENCE IN CHAMBERS SANG "HAPPY BIRTHDAY".
RESULT: DISCUSSED
Commissioner Reyes: Mr. Chair before we adjourn, I want to wish happy birthday
to Commissioner Carollo. You see he's getting old. And I will like all of us to -- I
mean, join in singing happy birthday.
Commissioner Diaz de la Portilla: It's tomorrow, right?
Vice Chair Russell: Do you want us to sing?
Commissioner Diaz de la Portilla: Commissioner, it's tomorrow, right?
Commissioner Reyes: Tomorrow we won't be here.
Vice Chair Russell: Oh, yeah. But it's tomorrow, so we sing happy birthday.
Commissioner Reyes: So --
Commissioner Diaz de la Portilla: Are we ready? Are we ready?
Commissioner Reyes: Yeah. One, two, three.
The Commission (Collectively): Happy birthday to you, happy birthday to you,
happy birthday dear Carollo, happy birthday to you.
Commissioner Carollo: Thank you.
Vice Chair Russell: All right everyone.
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ADJOURNMENT
Commissioner Carollo: Thank you. Thank you.
Commissioner Diaz de la Portilla: A young 59, right Commissioner?
Commissioner Carollo: That's very nice of all of you. Well, I got to be at least 65 so
I could've gotten my shots.
Vice Chair Russell: Thank you -all very much. We are adjourned.
The meeting adjourned at 6:31 p.m.
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