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HomeMy WebLinkAboutCC 2021-03-25 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.corn 00* * INCORPRRATEO 1808 /\ Its 4.7 Meeting Minutes Thursday, March 25, 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 25, 2021 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chair Russell, Commissioner Diaz de la Portilla, Commissioner Carollo, Commissioner Reyes and Commissioner Watson On the 25th 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 9:26 a.m., recessed at 1: 04 p.m., reconvened at 3:45 p.m., and adjourned at 7:48 p.m. Note for the Record: Commissioner Watson entered the Commission chambers at 9:28 a.m., Commissioner Carollo entered the Commission chambers at 9:36 a.m., and Commissioner Diaz de la Portilla entered the Commission chambers at 10:31 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Vice Chair Russell: Good morning, everyone. Good morning. There we go. Welcome to the March 25th, 2021 meeting of the City of Miami City Commission in these historic chambers where we gather every fortnight to conduct the business of the City. Procedures for the public comment will be explained by the City Attorney shortly. Procedures for the swearing in of the parties of the Planning and Zoning and quasi-judicial items will be explained by the City Clerk. The members of the City Commission appearing before this meeting are Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes, Jeffrey Watson, and me, Ken Russell, the vice chair. Also appearing are City Manager, Art Noriega, City Attorney, Victoria Mendez, and City Clerk, Todd Hannon. Number one order of business, the meeting will be opened with a prayer by Commissioner Reyes and the Pledge of Allegiance led by our Mayor, please stand. Commissioner Reyes: Please bow your head. Invocation and Pledge of Allegiance delivered. Vice Chair Russell: Thank you. You may be seated. PART A - NON -PLANNING AND ZONING ITEM(S) City of Miami Page 1 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 8824 Honoree Presenter Protocol Item Women's History Month Mayor Suarez and Certificate of Merit Commissioners Mayor Daniella Levine Cava Dr. Aileen Marty Ivette Faroy Mendez Phyllis Bellinger Suzy Battle Maria Vasquez Shirlene Ingram Mina Kuhn Major Esther Farmer Yadissa Calderon Kemarr Brown Ileana Oliva Virginia Bentley Rachel Silverstein Maria Campos Maria Correa Dorval Vivilora Perkins Dr. Jenlin James Chen Commander Carlos Castellanos RESULT: PRESENTED Commissioner Russell Certificate of Merit Commissioner Carollo Certificate of Merit Commissioner Reyes Certificate of Merit Commissioner Watson Certificate of Merit Mayor Suarez and Proclamation Commissioner Diaz de la Portilla Mayor Suarez and Proclamation Commissioner Reyes City of Miami Page 2 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 ORDER OF THE DAY 1) Mayor Suarez and City Commissioners presented Certificates of Merit in recognition of Women's History Month to the following Honorees: Mayor Daniella Levine Cava, Dr. Aileen Marty, lvette Faroy Mendez, Phyllis Bellinger, Suzy Battle, Maria Vasquez, Shirlene Ingram, Mina Kuhn, Major Esther Farmer, Yadissa Calderon, Kemarr Brown, Ileana Oliva and Virginia Bentley for their outstanding contribution to the City of Miami by being women of character, courage, and commitment for our community. 2) Mayor Suarez and Commissioner Diaz de la Portilla presented a Proclamation to Dr. Jenlin James Chen, founder of Chen Senior Medical Center, for his inspiration as a result of his own experience with a life -threatening illness, who developed a whole new way of delivering medical services that would provide a superior level of care while making a positive and measurable impact on patient's lives. Elected Officials paused in their deliberations to pay tribute for the many accomplishments and contributions of Dr. Chen. 3) Mayor Suarez and Commissioner Reyes presented a Proclamation to Commander Carlos Castellanos, Commander for the City of Miami's Police Department's Flagami NET service area where he has been assigned for over three (3) years. Commander Castellanos has worked at the City of Miami for over 24 years and is currently a mentor in the City of Miami Police Model Program and has previously served as an instructor for the Miami Police Training Unit focusing on homicide and investigation related courses. Elected Officials paused in their deliberations to pay tribute for the many accomplishments and community contributions of Commander Castellanos. Vice Chair Russell: We're going to do all the proclamations down here below and we're going to start with Mr. Mayor and anyone you would like to recognize. Mayor Francis Suarez: Thank you, Mr. Chair. You run a very efficient meeting. Presentations made. Vice Chair Russell: Madam City Attorney, please state the procedures to be followed during this meeting. Victoria Mendez (City Attorney): Thank you, Chairman. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. Any person may not -- a person may not lobby a City' official, board member, or a 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. 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 that anyone requesting action by the City Commission must disclose before the hearing any consideration provided or committed before -- for agreement to support or withhold objection pursuant to Section 2-8. Any documents offered to City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered at the City Commission's discretion. In accordance with Section 2-330 and (g) of the City Code, the agenda material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at www.miamigov.com. Any person may be heard by the City of Miami Page 3 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 City Commission 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 with the City Commission on agenda items to be heard at this meeting today. Public comment will begin at approximately 9:00 a.m. or soon thereafter 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 their written comments via online form, please visit www.miamigov.com/meetinginstructions, for detailed instructions on how to provide public comment on the online public comment form. The comments submitted through the comment form have been distributed and will be distributed to elected officials and City Administration throughout the day so that the elected officials can consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to elected officials up until the Chairperson closes 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. Public comment may also be done in person at City Hall located at 3500 Pan American Drive, subject to any COVID-19 rules, regulations, and procedures. Speakers who appear in person will be subject to screening for symptoms of COVID- 19 and persons exhibiting any symptoms will not be permitted to enter City Hall. All interested parties are required to abide by state, local, and county emergency orders and are urged to practice social distancing. If the proposition is being continued or rescheduled, the opportunity to be heard might be a 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 contact the City Clerk. Section 286.0114(4)(c) specifically authorizes the City to prescribe procedures or forms for an individual to use in order to inform the Board or Commission of a 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, the public support, opposition, or neutrality on the items and topics to be discussed at the City Commission meeting. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity before the meeting. Please note, Commissioners have been generally 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. The 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 Code as temporarily modified pursuant to Emergency Ordinance Numbers 13903 and 13914. Pursuant to an Emergency Ordinance 13903 and 13914, parties running PZ items including any applicant, appellant, appellee, City staff, and any person recognized by the decision -making body as qualified intervenor, as well as the applicant's representatives, and any experts testifying on behalf of the applicant, appellant, or appellee may either physically be 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 13903, members of the general public who are not parties to an action pending before the City Commission are not required to be sworn in by oath or affirmation. The members of the City Commission shall disclose any ex parte communications pursuant to Section 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 approval, the applicant will present its application or request to the City Commission. If the applicant agrees with staff recommendations, City Commission may proceed to its deliberation and decision. City of Miami Page 4 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 The applicant may also waive the right to an evidentiary hearing on the record. The order ofpresentation may be as set forth in Miami 21 on the City Code, providing the appellant shall present first, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have. Please silence all cell phones and other noise making devices. Thank you. Vice Chair Russell: Thank you. Mr. Clerk. Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony to be sworn in for Planning and Zoning items and any quasi-judicial items on today's City Commission's agenda will be as follows. The members of City staff or any other individuals require 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 in at their location by an individual qualified to administer the oath. After you are sworn in, please be sure to complete, sign, and notarize the affidavit provided to you by the City Attorney's Office. Each individual will provide -- each individual who will provide testimony must be 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 affidavit 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 in these uniform rules and procedures we have established for this meeting? Vice Chair Russell: Yes, thank you Mr. -- Mr. Hannon: Chair. I normally administer the oath at this time, but I'm going to wait until we clear the chambers out after protocol and then I'll administer the oath at that time. Vice Chair Russell: That that would be my recommendation. Thank you, Mr. Clerk. Ms. Mendez: Chairman. Vice Chair Russell: Yes. Ms. Mendez: And I apologize. One more little section. I just wanted to remind everyone that this meeting can be viewed online at Miami TV, the City's' Facebook page, the City's Periscope page, on Twitter, the City's YouTube Channel, and Comcast Channel 77. The broadcast will also have closed captioning. Thank you. Vice Chair Russell: Thank you very much. Good morning, everyone. We have a lot of business of the City to conduct today, but before we do that, very, very important is that we honor our residents who are here today and several of our elected, would like to honor many of you. I see some very special people in our audience today, from Mayor Levine Cava to Commissioner Thelma Gibson and so many, many more and we thank you. But priority number one is for us to be safe, please. We haven't had the chambers this packed since the pandemic. So as much as you possibly can, please respect social distancing. We have the seats marked off so that at least those seated. Once you do receive your proclamation, please do exit the chambers to the fresh air. Also, please keep your mask on at all times in the chamber, even when you're speaking. Actually, especially when you are speaking. We have a microphone, City of Miami Page 5 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 a handheld microphone, and Daisy is going to be here with us to disinfect that before it's handed to anyone. So before you hand the microphone to anyone, please hand it to Daisy and she'll clean it. We're doing the same thing with the lecterns and you're free to speak there if you'd like to speak. [Later...] Vice Chair Russell: Alright. Thank you for your patience, everyone. As soon as we have a quorum, we will reconvene, set the order of the day, and move to public comment. Todd B. Hannon (City Clerk): Chair, while we're waiting, may I administer the oath? Vice Chair Russell: Yes. That will be fine, Mr. Clerk. Mr. Hannon: Gofod morning, ladies and gentlemen. Good morning, ladies and gentlemen. If you'll be 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 the oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Vice Chair Russell: Is the Manager near? We're going to go to order of the day soon. [Later...] Vice Chair Russell: Are we ready to begin the business of the day? Commissioner Reyes: Well, yes. But this was important and I'm glad that our Commissioner expressed himself. And that -- the way that he did it, it was necessary. Commissioner Carollo: Do we have a shade meeting or not? Vice Chair Russell: We are postponing the shade meeting as it's -- we have a lot of pressing issues on the agenda, and we'll save the shade meeting for last. It's on the Chalks issue. Commissioner Carollo: Okay. Vice Chair Russell: Here's what I propose that we do at this point, gentlemen, we should do the order of the day where we set the agenda for what items aren't deferred. Let's add all of our pocket items onto the agenda. Then I would recommend we take up the settlement issue and open public comment for that item. Because when we left fbr lunch, there were still some folks who hadn't been able to speak on that item and they're still here at City Hall waiting, so I'd like them to have that chance. And then we can take up that item and then we can go -- we can take on the regular business of the agenda. Does that sound good? Alright. So I would like to add a pocket item, which I'm very appreciative of Commissioner Reyes for bringing to my attention and I would welcome his co-sponsorship in it. This will be PI. 1, a resolution of the Miami City Commissioner condemning all forms of hate directed toward Asian Americans and Pacific Islanders in our community and affirming its commitment to actively combating racism, achieving racial and social equity, and protecting the City of Miami's vulnerable AAPI (Asian Americans and Pacific City of Miami Page 6 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Islanders) residents, direct the City Clerk to transmit a copy of this resolution to the officials named herein. So that'll be P1.1 Commissioner Reyes: Commissioner? Vice Chair Russell: Yes, sir. Commissioner Reyes: This is going to be sponsored by you and cosponsored by me. Vice Chair Russell: Thank you. 1 really appreciate it, Commissioner. It means a lot. Commissioner Reyes: Okay. Vice Chair Russell: Are there other pocket items that people would like to place on the agenda? Commissioner Carollo: I'd like to be included as a cosponsor of this item. Commissioner Watson: So would -- so would I. Vice Chair Russell: Thank you. That's PL1, who would like to enter another pocket item to the agenda? Commissioner Watson: I have one. Vice Chair Russell: Commissioner Watson, you're recognized. Commissioner Watson: I have an item in reference to the waiving of a noise requirement for an event that apparently happens annually. So, I'd like to enter it as a pocket item, it's been passed out. Vice Chair Russell: Yes. PL2 will be a resolution of the Miami City Commission waiving the noise prohibitions for Music Week 21 related to events pursuant to Section 365 of the Code. Yes. That's -- that's one week -- we worked on each year around this time. So that'll be P1.2. Commissioner Reyes: I have another one. Vice Chair Russell: Commissioner Reyes, your pocket item, please. Commissioner Reyes: I have another pocket item which is a resolution directed by the City Attorney to prepare an amendment to the Charter of the City of Miami, Florida as amended for consideration of the City of Miami general municipal election to be held on November 2nd, 2021, proposal for approval of the electorate to set forth a procedure, commencing in November 2021, or selecting and appointing the positions of fire chief and police chief. This can be also-- we can do it together or can be separate (UNINTELLIGIBLE) prefer separately. Do you see? -- It does -- the appointment would require approval by a majority of the City Commissioners within 14 days of any such appointment. More particularly by amending Section 4(d) and Section 26 of said Charter, further directing the City Attorney to present set amendment to the City Commission at the July 8th, 2021, City Commission meeting for approval. We're going to take it to the voters that we are going to set procedures and those procedures cannot be violated. Let's let the people speak. Vice Chair Russell: Thank you. That will be P1.3. Commissioner Reyes: Yes. City of Miami Page 7 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Vice Chair Russell Are there other pocket items that any Commissioners would like to enter? Alright, hearing none, I'll finish those as the pocket items unless Commissioner Diaz de la Portilla has anything else you'd like to add when he gets here. Commissioner Carollo: I do. Vice Chair Russell: You have a pocket item, Commissioner? PL4, what would that be? Commissioner Carollo: This will be an emergency ordinance. Miami City Commission by four -fifth affirmative vote, amending Chapter 40, Article Section 40- 1 of the Code of the City of Miami, Florida as amended, titled Personnel, In General, Registration and Fingerprinting --Generally, by providing a minimum qualification standard for employment in an elected official 's office and for the prohibition on doing business with certain companies, providing a severability clause, providing for an immediate effective date. In essence, the key part is (d): Elected officials are prohibited from hiring or retaining the services of any person who is on probation. Likewise, elected officials are prohibited from hiring or retaining the services of -- should read, any consultant or any other person associated with any consulting company that is on probation. This has to be -- this is the wrong version. So this will done, in essence, this is what the ordinance will have and it'll be corrected and brought to you back before we deal with it. Ms. Mendez: You read it correctly though, but the -- it didn't save. We'll put the -- the wording in the hard copy, but you read it correctly. Commissioner Carollo: And we're only talking about probation and our own employees or consultants. Vice Chair Russell: Commissioner says this is an ordinance, correct? Commissioner Carollo: Yes. Vice Chair Russell: So, we need two readings. Commissioner Carollo: We need two readings today. Vice Chair Russell: So an emergency -- would that be considered an emergency ordinance? Commissioner Carollo: Yes, it is. Vice Chair Russell: Alright. Are there any other pocket items to the added? Madam City Attorney, does the law department have a pocket item to add? No. Okay. Alright. So that's PL1, PL2, P1.3, P1.4. Mr. Manager, order of the day. are there any items that the administration would like to see continued, withdrawn, or deferred? Mr. Noriega: Good afternoon, Mr. Chairman, Vice Chair, Commissioners, Madam City Attorney. Mr. City Clerk. At this time, the Administration would like to defer and or withdrawal the following item, PH.4 to be withdrawn. Vice Chair Russell: PH 4? Mr. Noriega: PH.4. City of Miami Page 8 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Mr. Hannon: PH.4. Commissioner Reyes: That it? Mr. Noriega: That's it. Commissioner Reyes: Mr. Chair? Vice Chair Russell: Thank you. Yes, Commissioner Reyes. Commissioner Reyes: I-- in a -- on a SR -- the SR, second readings. Vice Chair Russell: Which item? Commissioner Reyes: I will like -- because I have a little, have a little problem -- a big problem with SR.6, the parking -- Vice Chair Russell: Parking improvement trust fund. Commissioner Reyes: -- and I would like to be clarified and also to (INAUDIBLE) and (INAUDIBLE) be used (INAUDIBLE) -- Vice Chair Russell: (INAUDIBLE) -- Commissioner Reyes: That would be a deferral. A deferral. Vice Chair Russell: Looking to defer (INAUDIBLE) SR.6, which is the parking trust fund item for the Wynwood Norte NRD (Neighborhood Revitalization District). Commissioner Reyes: Yes, I have a little conflict with numbers that I want to clarify, sir. Vice Chair Russell: So there's a request to defer. Do you have a date you'd like to see it deferred to? Commissioner Reyes: Mr. City Manager, how much time we need to sit down with everybody and try to reach some agreement on how much do they have to pay on all of that? Mr. Noriega: We can certainly -- Commissioner Reyes: Two more meetings? Mr. Noriega: Yeah, you want to do second meeting in April? Commissioner Reyes: Okay. Vice Chair Russell: I -- I -- I'm not sure how this affects the actual -- Commissioner Reyes: No, it doesn't (UNINTELLIGIBLE) at all. Vice Chair Russell: -- (UNINTELLIGIBLE) NRD -- Commissioner Reyes: The rest is not affected. Vice Chair Russell: It does not affect it. City of Miami Page 9 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Reyes: The rest is not affected. Only the parking trust. [Later...] Vice Chair Russell: Ms. -- Mr. Manager, did you have a -- okay. So other items to be withdrawn, deferred, or continued? I would like to defer PZ.4, the co -living. We're very, very close to finalizing. But I've talked to several interested stakeholders and applicants who are still going back -and -forth on a couple of different facets to get it right. So I would like to defer that. I think two weeks should be sufficient for that. Commissioner Reyes: How do you call that, co -living? Vice Chair Russell: Co -living. Commissioner Reyes: That -- that is the old dormitories in high school? Vice Chair Russell: Similar, yes. Commissioner Reyes: Rooming houses. Vice Chair Russell: So that would be April 8th for PZ.4. April 8th. Commissioner Reyes: Okay. Commissioner Carollo: (INAUDIBLE) by the metro rail station? Commissioner Reyes: Yeah. Vice Chair Russell: There's a few different applications for this that have come in. And so the Planning Department has been working diligently to try to figure out the best way to control this so that it's exactly what we intend for it to be and doesn't get out of hand. Commissioner Carollo: I have great, great reservations about this, because if we're building rooms for people to live in, this is going to be a nightmare for code to enforce, for so many other problems that it could create. So I -- Mr. Manager, let me be clear. I want to be in the loop on this one because I don't want to destroy areas of the City for the future. Just so Little Bobby, you know, not the cousin of the other Little Billy that was here, can move down here from somewhere else, you know, he's going to have a little room to stay in, and this will be like a dorm in college with no security, no anything, bathrooms in the hall. I mean, I'm just seeing nightmares in this. And then I want to be able to sit with our people and go through every face of this. Mr. Noriega: Commissioner; once the Chair has an opportunity to finalize whatever tweaks he wants to make, we'll certainly share it with him. Commissioner Carollo: I appreciate it. I also, Chair, would like to defer RE.2 so that I could get more information. I'm always in favor and I applaud you of trying to get more land for parks, but I want from the Manager, the name of the owner of the land. It seems there's a middleman that has got a contract from the owner for one price and he's given us another price. I want to know who that is. I want to know what the middleman is making and more so I want to know if there's a broker, what commission is the broker making, I just want all that upfront. Vice Chair Russell: That's RE.2? City of Miami Page 10 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Carollo: RE.2. Vice Chair Russell: Commissioner, when would you like to defer that too? Commissioner Carollo: We can defer it for the second meeting in -- Vice Chair Russell: April. Commissioner Carollo: -- in April, just to give everybody enough time to get whatever they need. Vice Chair Russell: 22nd, April 22nd? Commissioner Reyes: (UNINTELLIGIBLE) see how much we're paying and all of those are being purchased (UNINTELLIGIBLE). Vice Chair Russell: Thank you. I'd like to see if the Real Estate Asset Management Department can brief both Commissioners and myself as well over this next month. So everyone's got all the information they want to make a decision. Commissioner Carollo: I bought in, that's why I compliment you, for that, similar size parcel actually two. You're getting two also. What you're getting is close to 34,000 square feet, the ones that are above were 30,000 square feet. They are both facing US-1 touching. And 1 believe what I got those two for was considerably less money. Maybe as much as a million or so, I don't remember but 1 just, you know, maybe that's worth more. 1 mean, I'm not saying that it's not. Vice Chair Russell: Right. Commissioner Carollo: I would like to see that -- Vice Chair Russell: Absolutely. I would have -- Commissioner Carollo: And what I would like in the pictures that I saw, that it's got a big long stretch even though one is skinny. So that's good. It looked like it was a couple of blocks. So, I just want to have the opportunity too, to go by there and just see how long the piece we are buying because -- Vice Chair Russell: Yeah. Commissioner Carollo: -- you do have a park that's just a few blocks from there, Douglas Park, which is a huge park. So it's not because of a lack of parks in that area. But it's going to help in another way and give us all that exposure in US-1, that's a different story. Vice Chair Russell: I look forward to working with both of you Commissioners on this because it is very near all three of our districts -- Commissioner Carollo: Yeah. Vice Chair Russell: -- and it's on the Underline, and the Underline will end up being the park. We may actually activate this in a different way. We may put a structure there, for the City. Who knows what it could be. I don't actually have a set plan. I'm trusting the Department, the Administration, and the appraisals. So further diligence is very welcome. I appreciate -- I appreciate the involvement and we'll plan it together. If we buy it, we will plan it together. City of Miami Page 11 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Reyes: That's right. If it is worth it, we buy it (INAUDIBLE). Commissioner Carollo: Now, I have a very open mind, Commissioner, I want you to know that. I just want to see all the transactions and what have you. Vice Chair Russell: RE.2 forApril 22nd, we'll add that to your list. Are there any other items to be withdrawn, deferred, or continued? Commissioner Reyes: (UNINTELLIGIBLE). Vice Chair Russell: Alright. So -- so I'd like to get a motion on the order of the day including adding the PI items. Is there a motion? Commissioner Carollo: There's something else that I don't know how you want me to add it. I've asked the Manager that I'd like to have the acting Chief of Police, Papier (phonetic) here this afternoon along with the director of HR (Human Resources). This will be brief. Vice Chair Russell: Would you like a discussion item? Commissioner Carollo: Yeah. Discussion item with them. Vice Chair Russell: So, it'll be a pocket item -- Pocket Discussion Item Number 5, PL 5, and any topic, particularly? Commissioner Carollo: The topic that we've all been hearing about in the media. Just want to get some quick questions from them on it. After that, I want to revisit the Omni CRA. Vice Chair Russell: So PL5, discussion item by Commissioner Carollo involving Omni CRA. Commissioner Carollo: Well. Vice Chair Russell: Just a discussion item for Commissioner Carollo. You can take it wherever you like it. Commissioner Carollo: That's fine. Vice Chair Russell: PL5 Carollo discussion item. Commissioner Carollo: Can I ask -- the request of the Chair and the Commission if I could just go to the restroom real quick? Vice Chair Russell: Yes. Commissioner Carollo: Then I'll spend hours with you. Vice Chair Russell: Yes. What we'll do is we'll -- we'll move the, well we have enough votes on the dais to move the order of the day and we'll be good. Commissioner Carollo: Okay, thank you. Vice Chair Russell: Is there a motion, please, on the order of the day? Commissioner Reyes: Move it. City of Miami Page 12 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Watson: Second Vice Chair Russell: Moved by Commissioner Reyes. Commissioner Watson: Second. Vice Chair Russell: Seconded by Commissioner Watson. Is there any discussion All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. PUBLIC COMMENTS FOR ALL ITEM(S) 8813 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR THE MARCH 25, 2021 CITY COMMISSION MEETING. RESULT: PRESENTED Vice Chair Russell: I'm going to move to public comment for the benefit of our residents who are here patiently waiting to address us. You have multiple ways of commenting. You can call by telephone if you -- is it miamigov.com/virtualmeeting. There is instructions there. But ‘first, before we get to anyone on the telephone, I'd like to address anyone who's here in the hall first so that you can exit to the fresh air as quickly as possible, and then we'll move to anyone who is commenting from outside for their safety, and then we'll move to the phone. What I'd like you to do is prioritize safety, please keep your mask on while you're in the hall and while you're speaking. Try not to touch the lectern and the microphones if you can, but Daisy, we will make sure she is here cleaning each of the lecterns while you do -- between each person. So if anyone here is here to speak publicly on any of the items on today's agenda, please line up at both of these lecterns. Place six feet between each other. You will have two minutes to speak. Please let us know your name and the item you are speaking on, and then you'll have two minutes. You'll hear a small buzzer right at the 30-second point, when you have 30 seconds left. That'll be your cue to please start to wrap it up so that you can finish and respect everyone's time, and we can move on and make sure everyone is heard. Please use this lectern as well, and we don't need to stand too close together. So, if half of you could move over to this lectern, that'd be great. And if it's a little crowded, you can just go ahead and sit down until it clears out a little bit so you don't have to wait in line. Folks who are waiting in line to speak, please, half of you, come over to his lectern over here so we can share space and respect social distancing as much as possible. Thanks very much. As a courtesy, is Mrs. Gibson here? Mrs. Thelma Gibson? I'd like to give priority, any residents over 90 years old who are visiting us here in chambers today, they can get on with the business of their very busy day and not be stuck in these chambers with us. Commissioner Reyes: She hasn't reached that age yet. Vice Chair Russell: Sorry? Commissioner Reyes: I mean she is not there yet. Right, Commissioner? You haven't been -- reached 90 yet, right? City of Miami Page 13 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Thelma Gibson: It's been one year since I've been here. Let me say, good morning. Good morning to everyone here. It's always a pleasure to be in City Hall. And 1 want to congratulate Commissioner Watson, our newest Commissioner. I did (UNINTELLIGIBLE) last time I was -- one year ago since I was here. I want to thank you for all that you do for us in the City of Miami. But I want to tell you that nobody mentioned Coconut Grove. I don't think that any of you realize you're sitting in Coconut Grove right here in City Hall, you are in Coconut Grove. And Coconut Grove was the earliest part of the City of Miami. You know, we came out (UNINTELLIGIBLE) before you. And I was born here, 94 years ago, And so I've seen it grow. But I don't really have to say that much except that I'm here and hoping the Commissioners will hear the Charles Avenue and West Grove CRA (Community Redevelopment Agency) this morning while I'm here. That means so much to us to have you recognize Charles Avenue in the City of Coconut Grove or West Grove CRA, and so if you could do that this morning. I know that's asking a lot, but I just pray that that's something you can do while we are here. I think all of you know why I am here. And I'm just so happy to be around still after 94 years. Thank you so much. And my own Commissioner, thank you for all that you do here. Mr. Mayor -- former Mr. Mayor, I thank you for all that you continue to do. We used to always meet in Coconut Grove Post Office. So, I just want you to know, never forget that Coconut Grove is a part of Miami and really the first part of Miami. Thank you. Vice Chair Russell: Thank you. Commissioner Gibson, who was appointed, if Pm not mistaken, yes? Commissioner Reyes: Yes. Vice Chair Russell: While you were on the dais -- Commissioner Reyes: Absolutely. Vice Chair Russell: -- Commissioner Carollo. Mrs. Gibson, you -- Ms. Gibson: (UNINTELLIGIBLE) the Charles Avenue is the Stirrup Project. You know especially, I'm here for the Stirrup -- Vice Chair Russell: So, you are here speaking in favor of the Charles Avenue zoning issue, which is PZ's (Planning and Zoning) 5 and 6, and also the West Grove CRA issues PH 6 and RE.3. Her request, gentlemen, is that we take it up this morning while she's here, she's going to wait. And would like to hear that. We would only need to hear from everyone who has to speak on those items before we could do that. But thank you for that indulgence. So -- Commissioner Reyes: We're going to limit the speakers on this item or -- Vice Chair Russell: Would you like to take it up first? Commissioner Reyes: Yes, in deference to (UNINTELLIGIBLE) -- Vice Chair Russell: Alright, so if there's -- and I apologize for this for those of you how have already gotten out of your seat. If you're here to speak on any of those items, which is the West Grove CRA, which is PH 6 and RE.3, as well as the Charles Avenue rezoning application, which is PZ.5 and 6. I'd like to give preference to those who would like to speak on those two items. First, you will each have two minutes, and then we'd like to get that -- see if we get a motion on those items, please. So if anyone's here to speak on those items, please step up to the lectern. The rest ofyou, I apologize. for having you get out of your seats, but it was a request from the floor that City of Miami Page 14 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 we would like to grant. So, if you can just he patient with us, it'll be a few more minutes. Unidentified Speaker: No. That's okay. Vice Chair Russell: Carolyn, you're welcome. Carolyn Donaldson: Good morning. Can you hear me? Okay. Good morning. I am here to speak on both issues. The PZ.5 and 6, and also for the CRA. As it relates to PZ.5 and 6, certainly, we know that the West Grove has found itself in a quandary more recently. While we -- while there are some in the community that are not necessarily enthused about the current commercialization of the historic Charles Avenue, GRACE (Grove Rights and Community Equity) is here as a representative to talk about the fact that the community also sees that Black families develop their properties in a way that also creates wealth and opportunity. If we look at Grand Avenue, we certainly know that historically, development has come into our beloved community without any memorialized, enforceable benefits to the community. But after 18 months of negotiations, for the first time, a community organization was able to execute a CBA (Community Benefits Agreement) with the developer, that also influences the language of a restrictive covenant that is recorded with the City and as well, many concessions were made on both sides. But because of this restrictive covenant, the CBA, and also GRACE, will record a resolution of support for the Stirrup family and their development. So, that is coming from GRACE, and 1 think 1 forgot to say at the start that 1 am Carolyn Donaldson. I'm here as the Chair of the Housing Committee for the South -Dade NAACP (National Association for the Advancement of Colored People) and I'm also Vice Chair for Grove Rights and Equity -- Community Equity which is referred to as GRACE. Vice Chair Russell: Thank you, Ms. Donaldson, the time is up, but I know you said you wanted to speak on two items. Ms. Donaldson: Yes. Vice Chair Russell: We've reported that you are in support of PZ.5 and 6, and the organization you represent -- Ms. Donaldson: We are in support of PZ.5 and 6. Vice Chair Russell: I don't want to cut you off. So what is the other issue you'd like to speak -- Ms. Donaldson: And the other issue is the CRA, and we are also in support of the West Grove CRA. We look forward to additional detail as well as the development of the Community Advisory Board. Vice Chair Russell: Yes. Ms. Donaldson: Yes. Vice Chair Russell: Thank you very much for your comments. Ms. Donaldson: Thank you. Vice Chair Russell: Please try to spread yourselves out as much as possible. Good morning, sir. City of Miami Page 15 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 George Simpson: Good morning. Thank you very much for having me. My name is George A. Simpson. I'm a physician and surgeon. I've been in Miami since 1958. 1 am glad to finally see that there is some advantage of being 96 years old, you come to the front of the line. That's something. I come to speak in favor of the finalization of approval for the construction of a development on Charles Avenue, which will bring jobs and continue the traditions of the West Grove. This is brought by the people who have partnered with the Stirrup family, to renovate the Stirrup house, which is one of the oldest houses in Dade County, and the birthplace of the Stirrup family, pioneered by E.W F. Stirrup Senior, who built over 100 houses for low-cost affordable housing for residents of West Grove. Now, this is, I guess, maybe the fourth time, I think we've been on this project for about three or four years. The first time 1 came up here, I walked up, my two feet tall, and so forth. Next time I came,1 had a cane. My family said, "You better use a cane. " I reluctantly used a one point cane. Next time I came, last year 1 think it was, I had a 'bur point cane, which 1 myself said 1 got to use. Now here I am with a walker. I hope I won't be here next year, or another six months, or whatnot in a wheelchair fighting for the same approval of this very useful project of the development of West Grove. I've been here since 1958 practicing medicine and teaching. And in about 30 or 40 of those years, there's' been a stagnation of development in West Grove. The only significant one in the past, I think 8 or 10 years, was the one on Grand Avenue and I think Mrs. Gibson can tell you a lot about that. I think we need to kick start development of West Grove. This project will do that. It will give jobs, it will give construction, wages, and it will preserve the history, the traditions, the culture of West Grove in conjunction with the historical significance of the Stirrup house. So, 1 urge you, don't bring me back here next year. Well, we'll see. But next time I might have to come in a hearse. Vice Chair Russell: Dr. Simpson? Mr. Simpson: Yeah. Vice Chair Russell: You know, I don't know that we would bring you back for an item such as this, but you have my commitment that I will be bringing back an item and seeking support of my fellow Commissioners to name a street in honor of your family, as well as another street in honor of the Gibson family. Both of you are here today still fighting and representing your community. And the West Grove would not be here still, but for the efforts of your two families. And so I -- Applause. Mr. Simpson: Thank you very much. It's -- Vice Chair Russell: -- I will be working with the community to select the appropriate streets that would be eligible for a renaming. And we will bring it back to this Commission, then we'll urge the County to rename two streets in honor of these two families. And I really thank you for taking the time to come here today. Commissioner Reyes -- Mr. Simpson: Thank you very much, Mr. Commissioner, and thank you jbr your kind attention. Commissioner Reyes: Find a street, place -- I mean put the resolution, and I will second it. Vice Chair Russell: Thank you, Commissioner. Commissioner Reyes: You have my -- well, I will co-sponsor with you, whatever you want -- City of Miami Page 16 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Vice Chair Russell: Thank you. Commissioner Reyes: -- because I have been here for a long time too. Vice Chair Russell: Good morning, Ms. Williams. Linda Williams: Good morning, Commissioner Russell, and other commissioners here. I'm Linda Williams. My home address is 3523 Charles Avenue. Pm temporarily at 3517 Hibiscus Street. I am a Coconut Grove Village West native, born and reared. I currently serve as a community activist, butl call it community servant. I am first vice president of the Coconut Grove Village West Homeowners and Tenants Association and Vice Chair of the Coconut Grove Village Counsel. Items PH.6 and RE.3 on today's agenda pertains to requests for this panel to create a community redevelopment agency, or the CRA, in the Coconut Grove to be known as West Grove CRA, and a directive that the City Manager enter to an interlocal agreement with Miami -Dade County, effectuating the CRA. On behalf ofHOTAs Executive Board, which initially supported this proposal with conditions in April of 2020, we remain in support of this measure and hope that the Village West community will be kept abreast of the engagement of all stages of the CRA's development. HOTA also gives support for the agenda item PZ.5 and 6, in which land use and zoning classification changes are requested for abutting lots, cited -- stated within, on Charles Avenue and Williams Avenue. The project proposed for this property would provide opportunities for job creation, training, and service to bridge the gap that has long existed between Village West and Center Grove commercial corridor. We do hope for your support. Thank you. Vice Chair Russell: Thank you for your comment. Good morning. I believe that's Mr. March? Michael March: Yes. Vice Chair Russell You're very, welcome. Two minutes. Mr. March: Yes. Good morning. My name is Michael March and I live at 3586 Charles Avenue in a shotgun shack built in 1935. Tin here today to oppose PZ Items 5 and 6. First off I don't believe you should be able to get a commercial upzoning on a residential street without the express consent of all of your neighbors. Secondly, Charles Avenue is a historically designated corridor. The designation of Charles Avenue is something that weighs heavily among those of us who still have standing houses on the street, whether our homes are individually designated or not. Homes on Charles Avenue, which are older than 50 years, cannot be demolished without permission from a City Historic Officer. Has everyone here heard the saying a rising tide lifts all boats? If one family has redevelopment rights, then we should all have redevelopment rights regardless of our ethnicity, our political influence, or our finances. I ask you, gentlemen of the Commission, please either deny the applicant's upzoning today or remove the historic designation of Charles Avenue for the rest of us. Otherwise, to grant this upzoning on a designated street would mean that the rules do not apply to everybody. They do not apply equally to everybody. Please vote against PZ Items 5 and 6. Thank you for listening. Vice Chair Russell: Thank you. Mr. Parrish. You're welcome. Anthony Parrish: Good morning, Commissioners. Thank you for having us here and I'm here to speak strongly in favor of the CRA for the West Grove. I came here to West Grove in 1994. There are some people I still recognize here, like Ricky Holton. We all ran the Coconut Grove for the Development Corporation together back then. It City of Miami Page 17 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 was headed up late David Alexander, who tried his best to revitalize the West Grove. I have pictures in my office donated by the Bloomingfall Family, who used to be very prominent owners in the West Grove, that show Grand Avenue back in 1961. Anybody's welcome to come to my office and see them. Grand Avenue back then was actually pretty prosperous. There was the (UNINTELLIGIBLE) and Jackson. There was the Grand cafe. In these photos on my wall, there are recent new automobiles of all types and descriptions that are parked on the street. But since 1961, somehow the West Grove has been left completely behind. And part of that, I think it's just lack of adequate funding for infrastructure and for supporting the businesses that are there. There's no parking in the West Grove. Art Noriega, who I saw earlier, built a parking garage on some property right at the southwest corner of Grand and Douglas, and nobody would park there. They wouldn't pay 10 cents in the meters that Art put up, because the businesses didn't have enough business after -- by this time it was 1995 to 2000 to support, even a parking lot. So, what's needed is a more holistic -- the CRA will give that -- will give a blanket ability for the Grove to prosper -- for the West Grove to prosper the way all the residents here have intended all these years. And I think the -- it will blossom, and you'll see all the stores reopen and the people there will be able to shop in their own communities and be prosperous. So please support the CRA for the West Grove. It's long overdue. It'll bring many, many benefits to that community. Thank you very much. Vice Chair Russell: Thank you for your comments, Mr. Parrish. Good morning. You're welcome to speak. Rich Holton: Good morning. Vice Chair Russell: Good morning. Mr. Holton: Distinguished Commissioners, Mr. Mayor, if you can hear my voice, and guests, I'm Dr. Rich Holton. I come to you not as a developer, not as one who's looking for an economic opportunity, but I come to you cis a 69 year resident of Coconut Grove in the same area. I stand on the shoulders of people like Mrs. Gibson, I stand on the shoulders like people like Doctor right here. I stand on the shoulders of people like David Alexander. I spent 15 years as a president of the Coconut Grove Local Development Corporation and we fought for a number of years to have economic growth and development to change the culture and to maintain our historical perspective of Coconut Grove, and now we have that opportunity. I am in support of the Stirrup Project. I'm here to represent that as a community person, as a person who has an interest as a community person, 69 years, if I can live another 69 years, Pm not going anywhere, I'll be right here. If I had the power to offer a motion, I would offer that motion right now, but I don't. But I urge all of you, I urge you Commissioners to support this project. It is for our community. It is something that we have been fighting for for a number of years. We have an opportunity, don't let it go. Thank you. Thank you. Vice Chair Russell: Thank you for your comments. Good morning. Ashley Snow: Morning. My name is Ashley Snow and I'm here representing Rebuilding Together Miami -Dade. I'm speaking today in support of three items. Actually, I'm going to sneak one in, PZ.5 and 6, the CRA and then also going to sneak in PH 5 as well. You know, Charles Avenue originally was a business corridor here in Village West and there's an opportunity to bring that back and really make an impact here in this community, not only with new business, but bringing tourism to Village West which is often left out. I've lived in Center Grove for the first several years that I lived in Miami and I've watched that neighborhood boom and have so much opportunity and Village West has not received that same -- just support it seems and I think it's their time. Furthermore, the Stirrups have agreed to a community benefits City of Miami Page 18 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 agreement that will support local organizations like HOTA, GRACE, us, as Rebuilding Together, that will provide safe, healthy, and affordable housing for residents. So not only are they creating new jobs, they're bringing business, they're bringing tourism to a long forgotten neighborhood that has been ignored, but they're also supporting residents here. I full heartedly agree that this should be here, in this community, as well as the CRA. I know I'm running out of time. And also I would just love to quickly sneak in, really fast, the API (Anti -Poverty Initiative) funds for us as well. We've been working with Ken Russell diligently here with Community Development Block Grant finding. Unfortunately, that jimding can only help very specific residents over the age of 60 that are owner occupied. This funding, if given the opportunity, will help us renovate rentals, help some younger homeowners that are just now coining to the Grove or maybe recently inherited a home from a family member and we hope that you will consider approving that today as well. Thank you. Vice Chair Russell: Thank you for your comments and thank you for Rebuilding Together. I'd like to say to my fellow Commissioners, if ;you're looking to rehabilitate single family homes in your community, they take a dollar and they stretch it into six through volunteerism, through sponsorships. They can leverage the money that we provide as a City and they're very accountable. The items today, PZ.5 and 6, will be proffering a covenant to give a $150,000 to Rebuilding Together. There's another item of my API money which will add another $300,000 to their budget. Our goal in the West Grove is to renovate 100 homes, and I think we're already up to almost 30 or 40 right now, and these are single-family homes, some are historic, some are not. But we're here to help people stay in their homes because in the fight of the affordable housing crisis, maintaining existing affordable housing is the lowest hanging fruit that we should be fighting for. So thank you for all your work. Good morning. Michael Castro: Good morning. Michael Castro, 3746 Washington Avenue. I'm here regarding the PZ.5, 6. And basically what I want to say is that, ever since I bought my little cottage in Coconut Grove, a couple of months after I purchased it, the City wanted it demolished. I went through all the loops, I spent the money, I took a lot of time to stop that from happening. Afterwards, a couple of months after I resolved everything, they wanted to designate it historic. I had to go through all the loops, I had to spend the time and the money and the resources and honestly, I don't have the inclination to continue to do this. My point is this, there's continuous scrutiny in this area of Coconut Grove and, you know, through all this, I've been talking to neighbors and getting to know them, and it's just -- it's getting ridiculous to a certain point. Homeowners feel that the City is consistently picking favorites. And I'll finalize just by asking the Commission to please, you know, listen to the concerns of the neighbors, specifically ones in opposition to the PZ.5, 6. Thank you. Vice Chair Russell: Thank you for your comments. Thank you. Good morning, Senor de la Paz. Guillermo de la Paz: Good morning. My name is Guillermo de la Paz. I live at 3441 Charles Avenue. I oppose to the CRA because there's no plan and I oppose to 5 and 6 zoning. When you're 90, you don't get into the hotel business. What's going on in Charles Avenue is a land assembly. Stirrup family and Point Group (phonetic), two organizations that what they do -- I'm sorry, Point Group, what they do is the land banking, which mean acquire land, change zoning, and resell it at a higher price. I'm sorry. I have been told -- I have been told, in front of you, at public meetings that people like me should not belong in the West Grove. So the idea that this is a community and that we all fighting for the community is wrong. If you decide to change the name of the street, I think what you should do first is to start with the shootings, the garbage, the code compliance. I know that's hard to do, it is easy to change the name. If you really respect this community bring capital improvement, order, stop the drugs. Changing a name you can do it in front of a Commission in one City of Miami Page 19 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 day. The other thing will be hard to do and we vote for you because of that. What you have in front of you Commissioners is a land assembly on Charles Avenue. Thank you. Vice Chair Russell: Thank you. Thanks for your comments. Good morning. Tina Dupree: Hello. Vice Chair Russell: Hello. Ms. Dupree: My name is Bishop Dr. Marthenia Dupree, and I am the pastor of the church on Charles Avenue, closest down to the Playhouse. We've been in that building for 69 years, and also we make sure that we are always taking care of our building. I am very, very, very happy to be here to say that I support the Stirrup family. Our church, when we first moved into that building in 1952, we paid $15 a week for rent. Now we pay nothing because we own the property. So I am very happy that lam looking to see other things happen to upgrade Charles Avenue. A lot of cars go by all the time, but I want to make sure that everything on Charles Avenue is going to look like Coconut Grove used to look. My family came from South Carolina in 1947 when I was just a small baby, because now I'm 74-years-old. When our family came, we lived Oil Grand Avenue in the home with Bishop Claude Mentzi (phonetic), and he was the one who took us to start our church. Since that time, my father was the pastor, but when he got older, he got two weeks from being 90 years old and he passed away. He passed on everything in the church to me and he made me the presiding Bishop, and he also made me the pastor of the church. So I love my church. I'm always -- I don't live in the Grove anymore because I live way out in Miami Gardens area, but I'm always in the Grove at my church. Igo in there and right before church I sanitize everything on the inside of the church. And I always make sure that I'm doing something to help our children in the church because we have a lot of children who come to our church, and I'm very happy to see that they know how to do things that adults do, so that when they begin to grow up, then they'll know what everything is all about. Because I grew up from Grand Avenue with the Mentzi family to Charles Avenue into my church, the United Christian Church of Christ in Coconut Grove and I love my church. I always tell everybody that I love my church and I always love my church. And I thank you all very much for giving the opportunity for people to come up and give their view of how they can see things. So I'm very thankful about all of that and I thank all of you as well. Thank you. Bye-bye Vice Chair Russell: Thank you for your comments. Ms. Dupree: Uh-huh. Vice Chair Russell: Thank you, for coming today. Ms. Dupree: Okay. Vice Chair Russell: Good morning. Is there anyone else who'd like to speak on the West Grove CRA or PZ.5 and 6? Elena de la Paz: My name is Elena de la Paz. Vice Chair Russell: Can you move the microphone a little closer. Ms. De la Paz: Good morning. My name is Elena de la Paz. I live at 3411 Charles Avenue. My husband and I are active community members and advocates. We love the West Grove and we love the Grove. And while we're all for the betterment of the community, I'm here to oppose the proposed hotel specifically. Charles Avenue is a City of Miami Page 20 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 quiet, residential, historic street, not a commercial one, and I feel like the hotel would increase traffic immensely. The City itself did a traffic study back in 2018 where 1,522 cars drove down Charles every day, 85 percent of those cars went over the speed limit. Currently, the true fact is that we have delivery trucks on the sidewalks that pedestrians cannot walk down the street, traffic is often stopped because of the traffic, and there's also cyclist and kids that tried to go down and there's a huge amount of traffic down the street. I feel like it would be a deterrent for emergency vehicles that would need to go down Charles Avenue. There has already been and the fact is that there was an emergency vehicle that collided into a planter on Charles. So, I don't even want to think what would happen if emergencies would happen because of the increased development down the street. So I'm hoping the Commissioners will make the right decision and keep our community safe. Thank you. Vice Chair Russell: Thank you for your comments. Good morning. Timothy Gray Jr.: Good morning, everyone. My name is Timothy Gray Jr. I've been in Coconut Grove all my life, born and raised. I am here to support PZ.5, PZ.6. I'm also here -- my main reason here is about jobs for my community, West Grove, Village West. I can honestly say I'm a witness to what the Stirrup family and their partners have did for my community as it comes to jobs on another project that they developed 17 years ago. For 17 years, myself and other young upcoming individuals have been employed at this development. So, I can honestly say I'm in support, but I'm also a witness that this will bring jobs to my community from the construction, hospitality, and everything else that can help support to bring more to my community. Because right now we need it. We need the jobs. Again, my name is Timothy Gray, and I'm a born and raised resident of Coconut Grove and I know what my community needs, and that is jobs. And this will bring more jobs to my community. Thank you. Vice Chair Russell: Thank you, Mr. Gray. Good morning, Mr. Rashid. Jihad Rashid: Good morning Commissioner Russell. How are you and your fellow Commissioner and (UNINTELLIGIBLE) Mr. Watson and Diaz Portilla [sic] and Mr. Reyes, saw you at the Fresh Market yesterday. I'm a known quantity in this community. I probably has built under programmatic initiatives, probably more affordable houses than anybody, and was the lead in the Gibson Center development. I've had the opportunity to study and be in the trenches for over 35 years. And I've come to speak with great favor for this project, PZ.5 and 6, and I'll later go on to support the CRA, but I'm going to speak principally at this moment, about the CRA. When you have a good concept, we have to know and recognize it. This is a great conversions of a good well -conceived concept that respects the historical character of the community', it's architectural design by people who have long served this community for over a 125 years, building what is referred to as national -- naturally occurring affordable housing. Nobody in Miami has done more than this and these people have forbeared. And some backdrop about this street, they talk about Charles' Avenue, before Grand Avenue was the commercial corridor, Charles Avenue was the principal commercial corridor for this part of Miami, Coconut Grove. It has historic markers pertaining to that historic things, it provides the jobs, it's a great conversions, and connectivity between the historical Village West with our prosperous, bustling commercial center. So we have to support a good idea when we see it. If we pass on this, I guarantee you we're going to get something worse that we can't live with. So this is well conceived and it hits all touch points, respect for the culture of the environment and anything else. We have the expertise to solve any parking problems, that's the easy part, but we have to seize the moment and let's do this now. Let's not defer the dream that's overdue any longer. Thank you. Vice Chair Russell: Thank you, sir. Thanks for your comment. Is there anyone else in the chambers who'd like to speak on either of those items, PZ.5 and 6 or RE.3 and City of Miami Page 21 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 PH.6? Is there anyone outside of the chambers who would like to speak on either of these items? I believe we have a monitor setup outside for public comment. Can anyone clarify for me if anyone is outside waiting to speak? Thank you, Camacho. And then we have some folks on the phone. It's going to be a little complicated. I believe we have five phone calls, some of which are on these items, but some are not. We can't distinguish so we're going to hear all of them right now and just count that towards future public comment. But if you all could bear with me, we're going to get through the public comment for these particular items and see if there's a motion on these particular items. [Later...] Vice Chair Russell: I'd like to finalize public comment. We have five people on the line waiting; is that correct? Good morning. You're with the City of Miami Commission, please state your name of the item you'd like to speak on. Arnold Morgan: Good morning. My name is Arnold Morgan. Resident of Little Haiti, a longtime (UNINTELLIGIBLE) in the community of Wynwood Norte. I'm calling to support PZ.I, 2, and 6, as well as SR.5 and 6. For the longest time, the people of my community have lacked the knowledge and support to actually invest and build their community. And honestly, I'm probably one of the first people of my generation to step up and to take responsibility for what's ours. And I'm not doing this for any other reason than to help preserve the culture and the history of my people. And through this NRD-2 (Neighborhood Revitalization District) and through the ordinances in it today, I genuinely believe that this will be the best path forward to help my people long-term and just to move everything forward. It's been too long. Pm 32 years old. I don't want to spend another 30 years waiting for things to change in my community. So, thank you very much for listening to this and for hopefully pushing this forward. Vice Chair Russell: Thanks for your comment. Good morning. You're on with the Commission. Please state your name and the item you'd like to speak on. Edward Grind: Hi, my name is Edward Grind (phonetic). I'm with the Cuba (UNINTELLIGIBLE). We're a 501(c)(3) here, up in New Jersey, actually. My -- one of our board members just took a plane down to Miami. And we advocate for disabled rights and for cannabis patients' rights. And he is in Miami right now with his medical cannabis from New Jersey, and he's actually afraid to use it. He actually has to hide it, and -- Vice Chair Russell: Sir, which item are you speaking on? Mr. Grind: Well, I'd like to speak on medical cannabis, if that's okay. Vice Chair Russell: It -- I apologize. So there is an appeal pending on the cannabis issue that will be before this Commission within the month. If PM not mistaken, it's scheduled. And that would be the appropriate meeting at which time to speak on that. So this would not be the appropriate time to bring that up, as much as I'm interested in hearing what you have to say. But we have a procedure. So we look forward to hearing from you when that item is on the agenda. Mr. Grind: Well, okay. I've been on hold for two hours. And I just want to ask, what is this -- what is that about? What is the -- Vice Chair Russell: There has been -- there's been an applicant in the City to open up a dispensary. They've been denied by the Administration, approved by the Planning Zoning Board. The Administration has appealed that approval by the Planning Zoning Board to the City Commission, and so an appeal is scheduled to come before City of Miami Page 22 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 this Commission on whether or not they can get a certificate of use in the City of Miami. So you will be very interested in that item, and 1 do look forward to hearing from you then. Mr. Grind: I am -- will there he a tax on them? Like, do we have -- do you have, like, in Jersey, we have a two percent tax. Is that what you're looking at too? Vice Chair Russell: I'm sorry. You have a what? Mr. Grind: A two percent tax on medical cannabis and recreational cannabis. Do you have a tax for that also? Vice Chair Russell: I'm not able to speak to that right now. Butt look forward to speaking with you, actually, offline, and I'm happy to speak with you and your organization offline with my office. And I apologize you have waited this long without recognizing that our public comment is limited to the agenda items. But I really do appreciate your call and I do want to reach out. You can reach my office at 305-250- 5333. And I would like to set up a call with you. Mr. Grind: Thank you, sir. Appreciate it. Vice Chair Russell: Thank you for your call. Good morning. You're on with the City of Miami Commission. Please state your name and the agenda item you'd like to speak on. Julie Williamson: Yes. My name is Julie Williamson. I'm speaking on behalf of Father Jose Luis Menendez. Agenda Items PZ.1, 2 and 3, and SR.4 and 5. Vice Chair Russell: Go for it. Go ahead. Ms. Williamson: Okay. As I said, I'm Julie Williamson speaking for Father Jose Luis Menendez, who for 30 plus years has been involved in the community as a pastor at Corpus Christi Church, and a founder of Mission San Juan Bautista. Our address is 3220 Northwest 7th Avenue, and I'm speaking on PZ.1, 2, and 3, and SR.4 and 5. Father asked me to speak for him on behalf of the church and the mission in full support of the Wynwood Norte Neighborhood Revitalization District. We at Corpus Christi and through our Mission San Juan are proud members of the Wynwood Community Enhancement Association, and we support the community vision, plan, and efforts over the past two years to improve the quality of lives in this neighborhood. Residents, business owners, and other individuals who care deeply for the people in this community support the operation of your planning department on a much needed set of zoning changes that will establish a supportive framework, for a sustainable neighborhood where our young people and families can participate in the growth of our great city. This is not just about zoning. This is a thoughtful investment in the people living, working, and worshiping in our community. This is about investing in new lighting and infrastructure. This also involves our putting key protections in place to (INAUDIBLE) residential buildings and deal with an abundance (INAUDIBLE) -- Vice Chair Russell: I'm sorry, ma'am. We can't hear you. Ms. Williamson: And we -- so we ask for your assistance today, and thank you for your leadership. By voting to approve these items for Wynwood Norte, you continued the important work of Mission San Juan Bautista and of the Association in enhancing the lives of the residents of our neighborhood. For that we thank you, and God bless. City of Miami Page 23 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Vice Chair Russell: Thank you very much for your comments. Good morning. You're on with City of Miami Commission. Please state your name of the item you'd like to speak on. Brett Bibeau: Good morning, Honorable City Commission. Brett Bibeau, Managing Director of the Miami River Commission, 1407 Northwest 7th Street, Miami, Florida 33125. Regarding agenda items, SR.1. On March 2nd, 2020, the Miami River Commission respectfully recommended approval of the City's proposed ordinance to increase seawall elevations in response to sea level rise with conditions, all of which have thankfully been met. Your continued support for the Miami River District is appreciated. Vice Chair Russell: Thank you, Brett. Thanks for your call. Mr. Bibeau: Thank you, Chairman. Vice Chair Russell: Good morning. Please state your name and the item on the agenda you'd like to speak on. Charlie Pony: My name is Charlie Pony (phonetic). I'd like to speak on the items PZ.5 the Stirrup -- Vice Chair Russell: Thank you. Go ahead. Mr. Pony: My name is Charlie Pony, and Pm here to speak about item PZ.5. I'm in support of historic -owned Charles and rezoning application because it will create jobs, revitalize Charles Avenue, and proudly display the local history' and culture of Coconut Grove. This project will create new jobs and training and opportunity, including construction and hospitality jobs. And the project celebrates the history of Coconut Grove Village West Community. This family invested substantial resources to restore the original historic Stirrup House and convert it into a bed and breakfast. Existing zoning is not compatible with the history and context of the West Grove. For this and many other reasons, I ask that you approve this project. My name is Charlie Pony. Vice Chair Russell: Thank you. Mr. Pony: Thank you. Vice Chair Russell: Thank you for your call. Good morning, You're on with City Commission. Please state your name and the agenda item you'd like to speak about. Christian Millberg: Hi, my name is Christian Millberg, and I'm calling for Wynwood Norte. Vice Chair Russell: Go ahead. Mr. Millberg: Okay. I want to thank Commissioner Watson for giving this opportunity to address him. I bought my property in Wynwood Norte at 105 Northwest 31st Street about eight years ago. I see how the neighborhood draft has been changing, and I think that Wynwood Norte would be very beneficial for all of us that have property or that live in Wynwood Norte. I moved out of the Wynwood Norte because of the safety issue that -- and I feel that if we have, you know, more density and more population, then we're going to have more eyes on the street and keep everybody safer. As well, you know, I'm an aspiring developer who's going to be starting my first development project. So, you know, I'm not going to move back, I'm from New York. So I need to have -- it needs to make sense, for me, so it's a project that needs scale in order for it City of Miami Page 24 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 to make sense for me to be able to develop it. So that's why I'm supporting Wynwood Norte. Once again, I want to thank Commissioner Watson for giving me this opportunity to address you. Vice Chair Russell: Thank you for your call. Mr. Millberg: Thank you. Vice Chair Russell: Good morning. Please state your name and the agenda item on which you'd like to speak. Jamel Quirke: Great. Good morning, City Commission. 1 want to thank you for taking my public comment via phone. I truly commend your public service. My name is Jamel Quirke and I am an employee of L & L Holding with the address at 142 West 57th Street, New York, New York. Today, I'm speaking in full support of items PZ.1, PZ.2, PZ.3, SR.4, and SR.5. We have recently invested in the Wynwood Norte neighborhood and we are planning a development project which includes over an acre of landscaped outdoor space open to the public at all times. I'm excited about the community -driven process in developing this new legislation and in particular its incentives for affordable housing, community gardens, micro retail, and pedestrian - oriented development. This is a very positive moment for the community and shows great forward progress. 1 truly thank you for your leadership and for hearing me today. Vice Chair Russell: Thank you for your call. Good morning. Please state your name and the agenda item on which you'd like to speak. Dolly Mcintyre: Good morning. My name is Dolly McIntyre, I own property at 2624 Luther drive. I'm calling to speak on PH 1, RE.5, and FR.2. But first, I'd like to ask you to ask all the Commissioners -- Vice Chair Russell: Ms. McIntyre, could you speak up a little bit. Ms. Mcintyre: I'd like to ask all the Commissioners to speak loudly into their microphones. Vice Chair Russell: Likewise. Ms. Mcintyre: I'm calling to support the lease for Dade Heritage Trust. And I'm calling to ask you, do not do anything to increase gambling in the City of Miami. This would be disastrous for our emerging cultural and art reputation. It would bring high rollers and crazy characters, and we don't need that. We need community, friendly, safe neighborhood. So please do nothing to increase gambling. Thank you. Vice Chair Russell: Thank you. Don't mess with Dolly. Alright. Is that the end of public comment? You have one more. Good Morning. Please state your name and the agenda item on which you'd like to speak. Elisa Castro: Hello, My name is Elisa Castro. I'rn at 47 Northwest 30 Street. Vice Chair Russell: (Comments made in Spanish, not translated). Can we get a translator, please? Ms. Castro: My name again, Elisa Castro. Vice Chair Russell: (Comments made in Spanish, not translated). City of Miami Page 25 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Ms. Castro: No, I can do it in English. Don't worry. Vice Chair Russell: Okay. Never mind. Thank you. Just go on. Please continue. Ms. Castro: Okay. I'm sorry. Elisa Castro, address 47 Northwest 30 Street and I'm calling to speak in support of the Wynwood Norte Neighborhood Revitalization District and public benefits programs, items PZ. 1, PZ.2, PZ.3, SR.4, and SR.5. For many years, we are watching our neighborhood suffering. More and more (UNINTELLIGIBLE). Few housing options for families. Businesses struggling on 2nd Avenue. Over the past two years, many different people, including residents, business owners, and property owners, have rolled up their sleeves and come together to identify the needs and priorities. Now with the Wynwood Norte NRD-2, we have an action plan, who's supported by the community to help bring our neighborhood back in a positive way, and improve the quality of life. That means new dollars to reinvest in the safer sidewalks. Fixing the old zoning to allow for new housing that is affordable to families. Opportunity for small business. That is why we 100 percent support the Wynwood Norte Neighborhood Rehabilitation District. Thank you. It's a (INAUDIBLE) supporting our community. Vice Chair Russell: Thank you for your call. Good Morning. Please state your name and the agenda item on which you'd like to speak. Anthony Witherspoon: My name is Anthony Witherspoon. I reside at 3629 Grand Avenue, Coconut Grove. I'm calling to speak on items, PZ.5, and PZ.6. Vice Chair Russell: Go ahead. Mr. Witherspoon: I'm sorry. Vice Chair Russell: Good Morning, Mr. Witherspoon. Go ahead. You're recognized. Mr. Witherspoon: Okay. This project's going to break the history of the very best community. In addition to that, the Stirrup family, who was one of the original settlers here, and the apartments now committed the preservation of great historic culture in history, that the people of West Village makes for a unique place to live. Definitely, truly invested in a variety of resources to keep in store the Stirrup house and (UNINTELLIGIBLE) the project that is working on now, bed and breakfast to be proud of Suppose there is an extension of the bed and breakfast proposal, and it helps restore that particular area of Coconut Grove. The existing zone -- zoning is not appropriate, because a transition is needed between residential and commercial usage. This is why the site is kept vacant far very, very -- too long of a period of time. Lastly, the projects creates new jobs and training opportunities for young people and residents, construction, and hospitality, boost industry. I'm supportive of particularly the rezoning applications for those purposes aforementioned, and I ask that you approve this project. Thank you for your time. Vice Chair Russell: Thank you for your comments. Good Morning. Please state your name and the agenda item and you'd like to speak. Robert Dolinsky: My name is Robert Dolinsky (phonetic). I'm calling today in support of the Wynwood Norte NRD-2 Legislation. Yeah, I'm a property owner at 266 Northwest 32nd Street and I've been in this neighborhood for about give or take five years. It's really just been amazing what's going on in the neighborhood in such a short period of time, and we're looking forward, I guess, as an owner, of all the positive opportunities that look like can be created. We've seen really big improvements in the neighborhood with safety and security and if Commander Kerr is there, I want to thank him personally for that. The streets are so much cleaner, they're City of Miami Page 26 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 safer. I want to thank the Wynwood Community Enhancement Association, and 1 really look forward to all the efforts that everyone at this hearing today has done for the community, and what we're going to be doing in the future. And we appreciate the City giving us an opportunity to he heard today. Vice Chair Russell: Thank you very much, for your call. Mr. Dolinsky: Thank you. Vice Chair Russell: Good Morning. You recognized. Please state your name and the agenda item on what you'd like to speak. Courtney Berrien: Good Morning. My name is Courtney Berrien (phonetic). I live at 3325 Charles Avenue, and I would like to speak on agenda items PZ.5 and PZ. 6. Vice Chair Russell: Go ahead. Ms. Berrien: Okay. Thank you. So I'm calling with a concern that is both about these items but also a procedural concern. I am part of a small group of residents, a growing group of residents that live on the east end of Charles Avenue. There are approximately 30 homes within 500 feet of the lot that are proposed to be rezoned. And within those residents, we've been very quickly in the last few days kind of scrambling to connect with folks. And it seemed that there are at least 20 residents, people living in homes within 500 feet of those properties, that knew nothing about this until we brought it to their attention. So, we recognize that there are some community groups, that have been involved in negotiations with the developers. But the residents that live right next door to, right across the street from, and again, within 500 feet, didn't know about this at all and have not been engaged and (UNINTELLIGIBLE) discussion at all. Specifically, we received the notice from the City a week ago. I'm working on my PhD, I'm pretty good at reading legal documents. So we had a really hard time even figuring out what this was all about. And then when we went to look through those 2, 000 page agenda, to try to piece things together, let's just say that the average person, it would be understandable that they would be confused or not really understand what was going on here if they hadn't been included in those discussions. There were seven people that wanted to speak today. We had understood, in communications with the City Attorney, that public comment would be given as usual. We know that -- that the way in which public -- the public is allowed to make comments right now has been changing within the last few weeks, and that was very confusing. And so there were seven people who were prepared to give comments, we thought, in person this evening when the agenda item was being heard again in person. They include a woman who is a wannabe historic family, the descendant of one of the historic families that's lived here, whose property will be right next to this development. She knew nothing about this, as well as people that have lived in their homes for decades, again, immediately across the street and next to this development. So we know that we've been talking to the community, learning, kind of piecing together what's been happening here. We understand that the developers are claiming that they've been in a long process of working with the community to negotiate this. We understand that there are some really well-meaning community groups, that have been in that negotiation process, but the people that live next to this proposed rezoning have not been included or noticed. Vice Chair Russell: Thank you. Thank you. The time is expired. Thank you very much for your comments. Ms. Berrien: So will people be allowed to speak this afternoon? City of Miami Page 27 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Vice Chair Russell: So, for the last four years, we've been conducting public comment in the morning at 9:30, so that everyone has a chance to speak on all the agenda items, and hopefully they won't have to wait around all day. Many years ago, we used to do public comments with each item, and people would have to stay for 10, 11, 12 hours. So, our public comment period is always in the morning. It's -- it is rare, but sometimes we open public comment in -- during an item if someone is only here when they're only able to be here for that item. For example, one of the applicants or an attorney. But we -- this public comment that we're doing the morning is the normal way we do it. Thank you for your call. Good morning. Please state your name and the agenda item on which you'd like to speak. Mary Street: Hi, my name is Mary Street, and I'd actually like to speak on the public comment issue that just came up today, briefly, if I may. Vice Chair Russell: We're not taking an action on that item today and it's not on our agenda. Are you -- you're here to speak on an item? Ms. Street: Well, I just heard from watching remotely that there's' going to be an action item later, I guess directing the City Admin to go back to the old version. I just have a brief request. Vice Chair Russell: Thank you. And just to clarify, the telephonic public comment was voted on at the last meeting, that this -- that we would not continue telephone call in comments. So this is the last meeting we're offering telephone -- that was already voted and decided at a prior meeting. Well, what is it that you'd like to address about public comment? Ms. Street: So what I'd like to say, and that's exactly, it goes to my point. My point is that limiting public comment to in person, or what's on the agenda, only works if the agenda is clear and if the Commission isn't bringing up things on the fly like they did last time, which was getting rid of public comment by phone. That obviously was not on the agenda last time, which means there wasn't a real opportunity for people to comment on it. So just moving forward, I understand that hopefully, we all get back to a world where COVID isn't a problem. And it's not the in person alone is a problem, although obviously access is great, and, you know, electronic allows that, but the agenda really needs to be clear, and the Commissioners need to be -- they have a lot of discretion, I guess, with the pocket items because that, you know, obliterate the opportunity to really speak on issues that matter. Vice Chair Russell: Thank you. Ms. Street: And we saw that multiple times this year. Vice Chair Russell: Yes. You are correct. All items on the agenda are published prior so that the public can know what they're able to speak on. The only time pocket items are introduced is if they are of a timely nature, where the one proposing the pocket item can show that there is a reason it should be heard in this meeting. There usually needs to be a reason of timeliness or urgency to pass it in this meeting, but you're right. Otherwise, the pocket items should be properly noticed and on the agenda. I really appreciate it. Ms. Street: Right. Commissioner, please, ?Must one thing. For example, there was a discussion item in January, that just says Silver Bluff Traffic. So that gives the public very little idea, and that resulted in actual closure in my neighborhood. So, you know, this is not being my -- I guess my advice and request is not beingjbllowed. Like watching it in real-time unfold and unfold in a way that's unfair to those people that you all serve. City of Miami Page 28 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Vice Chair Russell: Thank you. No,1 do appreciate your call. Ms. Street: Thank you. Vice Chair Russell: Thank you. Good Morning. Please state your name and the agenda item on which you'd like to speak. Asi Cymbal: Hi, good morning. My name is Asi Cymbal. I'm speaking on behalf of agenda items PZ.1, 2, 3, I think SR.5 and SR.6, regarding Wynwood Norte. Vice Chair Russell: Yes. Mr. Symbol: So, 1 have a place of business at 3470 North Miami Avenue. I've owned a property in Wynwood Norte for roughly 20 years. I've created and operated several businesses in Wynwood Norte over the last 20 years, and I'm calling in full support of the Wynwood Norte NRD -- NRD-2 Item. You know, I've watched this neighborhood struggle for many years with crime, businesses, and families leaving. And I'm proud to be part of the Wynwood Community Enhancement Association and have been inspired by the residents, and our neighbors, and our commercial owners, and we've come together over the past two years to really improve the area. I think the NRD-2 Legislation makes the neighborhood safer, it fixes zoning to create housing opportunities, and improves the lives and quality of life of the families in our neighborhood. I think it's good for a neighborhood in the city of Miami. And -- and I asked you to vote "yes,- for the Wynwood Norte NRD-2 Legislation. Thank you. Vice Chair Russell: Thank you very much, for your call. Good Morning. Please state your name and the agenda item on which you'd like to speak. Fava Joshua Yesterdeen: Hi, my name is Fava Joshua Yesterdeen (phonetic). I own four folios. One is 3490-3442 Northwest 2nd Avenue, 3501 Northwest 2nd Avenue, and 187 Northwest 35th Street, and I want to speak regarding the Wynwood Norte, NRD-2 Legislation, the 5 ordinances, and agenda items. Vice Chair Russell: Go ahead. Mr. Yesterdeen: I just -- I just wanted to introduce myself. I've been investing in the area, that general area of the northern edge there, of what we call Wynwood, here in the city of Miami, for over a decade now. I do real estate, I'm a builder, developer, and Pin a property owner and manager. I do my own rentals and leasing. I've had properties on the southern edge as well, and I've seen that area gentry and improve a lot. I'd like to speak in favor of this movement for the area, I think it's very beneficial. I think Mr. Bernstein and the Wynwood Neighborhood Enhancement Team that they've created has really, generally, improved the area a lot, and we've seen a lot of improved conditions in the streetscape, along with a lot of newfound interests from companies from all other cities coming in (INAUDIBLE) local people (INAUDIBLE) and I saw them (INAUDIBLE) as a property owner -- Vice Chair Russell: Sorry, sir, you're breaking up. It's hard to hear you at the time has just expired, but I think we did get the sentiment of your call. I appreciate your time. Mr. Yesterdeen: No problem. Thank you, sir. Vice Chair Russell: And you've got your hands full. Good luck. Have a great day. Thanks, for calling. City of Miami Page 29 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Mr. Yesterdeen: Thank you, we will. Vice Chair Russell: Good Morning. Please state your name and the item on which you'd like to speak. Ivan Rodriguez: My name is Ivan M. Rodriguez. I'm with Miami -Dade County Public Schools and the item is PZ.7. Vice Chair Russell: Okay. Go ahead. Mr. Rodriguez: I'm sorry? Vice Chair Russell: You'd like to speak on PZ. 10 you said? Mr. Rodriguez: PZ.7. Vice Chair Russell: 7? Mr. Rodriguez: Yes. Vice Chair Russell: Go ahead. Mr. Rodriguez: I can talk now? Vice Chair Russell: Yes, please. Mr. Rodriguez: Okay. Back a couple, three days ago, March 22nd, the School Board submitted an objection in writing for the approval of the zoning exception, to permit an alcoholic service establishment, in an area space less under the required distance from the school. Specifically, made on Eneida Massas Hartner Elementary School. I understand we've talked to planning staff and they provided some additional information that we did not know. Basically, that this meets the City's Ordinance within 500 feet within walking distance to the school. Nevertheless, the School Board still rejects the application. One of the items that the staff mentioned is that they will prevent, or there's no way that they will sell or consume alcoholic beverages during school hours. Which, it would be a very good thing, since it -- this establishment is very close to Eneida Massas Hartner Elementary School. So we just want to put the letter on the record. Vice Chair Russell: Thank you very much. Mr. Rodriguez: Thank you. Vice Chair Russell: And that is all of our public comment by telephone. [Later...] Vice Chair Russell: Now I know there are people who have been waiting a long time to speak jbr public comment with the permission of the Commission, I'd like to dispense with public comment prior to lunch so these people can be safe and get out of our building? Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: Alright. So please with social distancing lineup at both -- Mr. Simpson, thank you very much, Dr. Simpson, Mrs. Gibson. Thank you very much for coming today and being with us. Please lineup at both the podiums and you know the drill. City of Miami Page 30 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Cathy Leff Good morning -- Vice Chair Russell: Good morning, Cathy. Mr. Leff. -- good morning, Commissioners, Mr. City Manager. My name is Cathy Leff 561 Northwest 32nd Street. Thank you for the opportunity to allow me to speak before you today on behalf of Bakehouse Art Complex to support SR.5, 6 PZ.1, 2, and 3, creating the Wynwood Norte Neighborhood Revitalization District. Bakehouse is an IRS (Internal Revenue Service) recognized 501(C) (3), founded in part with support from the City and the County in the mid-80s to provide a permanent and affordable working home for Miami artists. But then abandoned American Bakeries Company was retrofitted for 68 artist studios, fabrication shops, and community spaces. We're the largest and oldest artist serving organization in Miami with thousands of artist having launched their careers at Bakehouse. Community members have enjoyed free access to our education and cultural programs. As an active participant in the Wvnwood -- in Wynwood Norte for more than three decades, Bakehouse is proud to be among the initial group of stakeholders who came together in 2018 to form the Wvnwood Community Enhancement Association. With the Bakeries closing in the late 80's, the Garmin industry moving offshore, our neighborhood has experienced disinvestment, population job loss, and aging housing stock-, and businesses struggling to survive. We need an intervention plan driven by the aspirations and needs by the neighborhood rather than one imposed upon it. So for the past two plus years, our neighborhood, property owners, residents, business owners, community organizations have been working together to imagine how we could preserve and revitalize one of Miami's oldest and most beloved urban neighborhoods. Our collective efforts have resulted in the Community Vision Plan codified by the City as the NRD-2. Characteristic (UNINTELLIGIBLE) preserves a residential and unique residential and cultural character of the neighborhood that distinguishes Wvnwood Norte, yet incentives other opportunities for affordable housing. We have three part -- large public schools, parks, privately owned land that had the capacity to serve current of your -- your residents while mitigating displacement. Bakehouse alone owns almost two -and -a -half acres and we're committed to building affordable housing anchored by a better version of art making and community facilities. Demolition of existing residential structures without purpose is restricted to preserve naturally occurring affordable housing and help the proliferation of vacant lots. Vice Chair Russell: Thank you very much. Ms. Leff' Thank you so much for supporting this legislation. Vice Chair Russell: Thank you, Cathy. Good morning. Mark Loureiro: Good afternoon. Vice Chair Russell: Thanks for your patience. Mr. Loureiro: Thanks, Vice Chairman. Thanks, Commissioners to listen to me. My name is Mark Loureiro. I live on the 600 27 Street, Edgewater. I am the president of the Homeowners Association and I have my treasurer, Mario Persiani (phonetic) here with me. As I said, I represent 165 units, owners that are very concerned with the casino coming up. We're trying to build a family -oriented neighborhood. What do we need is schools, we need parks, we need security, not a casino. Look what happened in Miami Beach a few days ago, last week. We have a shooting on the 26th in Biscayne, 10 days ago. We have robbery in front of our building last week. The traffic is incredible. In fact, Miami does have two casinos, if I'm not mistaken, Casino Miami and the Magic City Casino, both -- one is jai alai and dog racing. Our concern is the City of Miami Page 31 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 casino brings an eco-system that is not in line what we are trying to build as far as family -oriented neighborhood. So, I really, please, ask you, Commissioners, to think through this voting that you guys are doing. Because it can impact a lot of folks that move down to downtown area Miami looking for a family -oriented community. Thank you. Vice Chair Russell: Thank you for your comment. Good morning. Toni Mclaughlin: Hi, good afternoon. My name is Toni McLaughlin, address 9715 Southwest 73rd Avenue, and I am here today to read a letter of support on behalf of Ms. Nadine Patrice (phonetic), a local business owner in Wynwood Norte, in support of items PZ. 1, 2, 3, and SR.5, and 6. My name is Nadine Patrice. I own a Jamaican restaurant in Wynwood. It's called Palatino, Jamaican restaurant, and the address is 3004 Northwest 2nd Avenue. We've been around for more than eight years and in 2017 we won best Jamaican restaurant in Miami. We have the best hands down oxtail in Miami, and we strongly support the NRD-2 because it can help bring more people in the area and support all the small businesses, especially during these times. This restaurant is more than just a restaurant. It's a community. Come on in. Thank you. Vice Chair Russell: Good morning, Mr. Althabe. Andres Althabe: Good morning. Andres Althabe, 1900 North Bayshore. So, you know, this Edgewater. So you pretty much know what I'm going to be talking about. My day started great. I went to social media and I saw like 700 — I told you 300, was like 700 comments (UNINTELLIGIBLE) the best. And then 1 woke up, but I'm going to ask you not spoil the day by approving the settlement with the Magic City Casino, you would be spoiling the day for the citizens of Miami, the ones that you represent. You know you have received numerous e-mails. It's overwhelming. The consensus against a casino is not only in Edgewater, you would be opening the door for everyone is going to be suing. They're getting in line to give licenses for gaming. If you approve this settlement it's either you're going to have to approve licenses or you're going to have more lawsuits than you would be able to afford. It sounds like a pretty weak reason to think that it would cost the City a lot of money not to approve the settlement because what is at risk is attorney's fees. And believe me, people are not going to understand that you don't represent them just because you don't want to take the chance, the risk, of having to pay attorney's fees. This is not the kind of establishment that people want, not only in Edgewater. In the future, they are -- they are starting to talk about more casinos in Miami Beach and Downtown. They're going to go to Little Havana, too. Don't think that if you approve this one, people are not going to be suing and not going to be suing to put this establishment in other parts of the City that then you're going to be directly representing them. You are representing us. All of you. Is -- you are voting on something that is going to affect Edgewater, but it's going to affect the whole city. Magic City, the owner said, in a very large meeting, "Magic City is the largest employer of off -duty police." You think that's what we want? That kind of establishment that has to employ so many police because there is risk. Just go to the existing Magic City and look at a surrounding area. It's all fast-food restaurant and pretty much no -- no much else. The public that these establishments attract are not the ones that even -- they are not the ones that are being able to of ford being there. And definitely is not going to be -- Edgewater will not be going in the direction that the population of Edgewater wants the neighborhood to go. So I hope you don't spoil everybody's day and please don't accept this settlement. Thank you. Vice Chair Russell: Thank you for your comment. Good morning. Will Vasquez: Good afternoon, Commissioners. My name is Will Vasquez, 3225 Northwest 3rd Avenue, Wynwood. I'm a stakeholder in Wynwood Norte and a proud board member of the Wynwood Community Enhancement Association. We're in full City of Miami Page 32 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 support that Wynwood Norte Neighborhood Revitalization District items PZ.1, PZ.2, PZ.3, SR.5, and 6. I've been in this neighborhood for five decades. I grew up and 1 went to schools here. Have family here. My father's in 90's, is still residing there. We've seen this community go through the ups and downs for the past five decades, and now finally, there's a real progress. The Wynwood CEA (Community Enhancement Association) has brought together diverse stakeholders in our community including homesteaders, renters, business owners, to create our community vision plan. For two years, we have worked together with the City staff on a new zoning district that will allow new housing for families and put a stop to the vacant lots. But it's not just about zoning, It's about rolling up our sleeves and making our neighborhood safer and welcoming for families. We've been working with the community and business owners on 2nd Avenue to clean trash throughout the neighborhood and along the swales for a cleaner, safer community. We were honored to and proud to have Commissioner Watson here, boots on the ground, join us last month when he helped us with the cleaning. You know, the swales, and the homes and, you know. We look forward to continuing our work with the neighborhood cleanups and hope the resident will come out this coming Saturday, going to meet at Roberto Clemente Park to clean the community. After so many years patiently waiting for it to be recognized, I'm proud to stand before you with my fellow stakeholders, again to support Wynwood Norte. I want to add also that four decades ago, I met a beautiful lady, Dorothy Quintana, who passed away at 101. This was a lady that she was a hawk of the neighborhood. Advocate for the elderly, people in need. This lady will feed anybody that was hungry that needed to be fed, okay? Now, hopefully, I'm following her footsteps after so many years, because she will come to me and always ask me to be proactive with the community. Now I am. Vice Chair Russell: Thank you, sir. Mr. Vasquez: Dorothy -- Willy Chirino, that's what she used to call me, is here, and I'm sure she's smiling. She passed away ten years ago this month. Vice Chair Russell: Thank you for your comments. Mr. Vasquez: Okay. Thank you so much. Vice Chair Russell: Thank you, sir. Mr. Vasquez: I appreciate it and thank you for your time, Commissioner Reyes. I met with you. de la Portilla [sic], he's not here but, Sergeant Camacho, they were in our neighborhood helping us out with some issues that we had and it was taken care of because he was there. Thank you, gentlemen. Vice Chair Russell: Thank you. Ms. Rupp. Good morning. Christine Rupp: Yeah. Vice Chair Russell: Good afternoon. Ms. Rupp: Yeah. Good afternoon, Commissioners. Christine Rupp, Executive Director, Dade Heritage Trust, 190 Southeast 12th Terrace. I'm here today to speak on item PH1, which is the approval of Dade Heritage Trust lease and the city -owned building at 190 Southeast 12 Terrace. In 2016, the voters approved a long-term lease for Dade Heritage Trust in this building and we need your approval and ratification of that lease. Per discussions with your Department of Real Estate Asset Management, we've agreed to a shorter term, and both the Administration and City staff are recommending approval of this lease. To clarify, the building, the original office and surgery of Dr. James Jackson was built in 1905 and it was originally in City of Miami Page 33 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Downtown Miami. It was moved to its current location in Brickell in 1917. 60 years later in 1977, when the City ofMiami gained title to that building, the City reached out to Dade Heritage Trust for assistance with its rehabilitation and adaptive reuse of -- to become the Dade Heritage Trust Offices. We are an excellent caretaker of your historic asset and we are proud to call that building our home. It serves as a symbol of the history of Miami and it also creates a wonderful visual and service center for the Brickell neighborhood. Over the course of the last several months since this item first appeared on the agenda, I've sent information to your offices and staff about all the services that Dade Heritage Trust performs for the City of Miami. We work in all of your districts, not just Brickell. Commissioner Reyes, we are working with residents in Shenandoah and Grave -- Grove Park. We work with the DDA (Downtown Development Authority). We're a visitors center for the DDA. We are a champion of historic Downtown Miami. Commissioner Carollo, we're working on affordable housing project in Little Havana. We are partners with the Healthy Little Havana initiative. We perform work with the residents in Silver Bluff right now. We're doing a survey under a $50,000 grant from the State of Florida to educate your Silver Bluff residents about the importance of and preservation in their neighborhood. Commissioner Russell, you know, as were housed in District 2, we've serviced the Brickell area as a visitors center and gallery, and we have a wonderful education program where we bring kids from all over the city to Brickell and to the bay front, so they can explore that area ofMiami. We're working in Allapattah to produce a main street program and a survey in Little Santo Domingo. In Overtown were doing a federal district investigation for -- to complete an overlay with the support of a prominent developer in Overtown, and we're also working with Booker. T. Washington High School to look at preservation and programming for the historic Chapman House in Overtown. So we love our mission. We love working within the city, and we obviously are asking for your support to allow us to stay there and continue our good work for the City of Miami. Thank you so much. Vice Chair Russell: Thanks for your comment. Good morning, Mr. Prieguez. Manny Prieguez: Good morning, Commissioners. Manny Prieguez, 4000 Malaga Avenue, proudly supporting Southwest Florida Enterprises. Commissioners, I ask you to please consider and support the proposed settlement agreement that is RE.4. I think that few people in this community would argue with me if I told them that the number one anti -gaming advocate in South Florida is Mr. Norman Braman. Mr. Norman Braman made an appearance here not too long ago, and you know, cemented, if you will, his position of many, many, many years fighting gaming and gambling in South Florida, in his community. On March 10th, Mr. Braman sent a letter to Chairman Ken Russell discussing the issue of the settlement agreement. And it's a short letter, but the gist of it is, is that he is not opposing the settlement agreement between the City of Miami and Southwest Florida Enterprises over the jai alai fronton and card room in Edgewater. And Mr. Braman is doing this because Mr. Braman puts his money where his mouth is. So not only does he advocate vociferously against gaining, but when the time conies, he puts his money behind it with his attorneys and he tries to fight it every time he can. And he sort of did that in the months past with our agreement, with lateral issues that came up. His attorneys had a very unique perspective on all the litigation that was going on because of the battles that he was waging. So this decision that he makes a recommendation to this letter that he addressed Commissioner Russell, that he doesn't oppose it anymore, I think is a well - thought -out decision brought upon by the counsel of his attorneys and the fact that the matter is, is that he believes that it's a good deal to settle this litigation with my client. So with that, once from -- one more time, I ask you to please support the settlement, and we're here to answer any questions that may come up during discussion of the item. Vice Chair Russell: Thank you for your comments. City of Miami Page 34 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Mr. Prieguez: Thank you. Vice Chair Russell: Good morning -- good afternoon. Can't stop saying -- Albert Price: Yeah. Good afternoon. My, name is Albert Price. I'm a resident of 2020 North Bayshore Drive in Edgewater. I actually didn't know the item of the casino was even on the agenda today, but as a resident of Edgewater, I'd like to just say that I completely agree with the gentleman that was, you know, three or four speakers before me in opposition of the matter. But as a counterpoint to, you know, sort of the wrong way to develop an area, I think that the Wynwood Norte Group has done an outstanding job of getting the community together, getting the stakeholders together, and really creating a comprehensive and inclusive plan to redevelop a neighborhood over time so that it ensures that the development is done sensitively, it's done the right way, it's done responsibly, and it's done inclusively. So with that, I'd like to just say that I fully support the NRD-2 and what they're trying to do and thank you very much. Vice Chair Russell: Thank you for your comments. Good afternoon. Clara Ines Fernandez: Good afternoon. My name is Clara Ines Fernandez, I'm from 64 Northwest 32nd Street, Miami, Florida 33127. I am here to support the NRD-2, and thanks the City of Miami for the changes they are unanimously have worked on. The neighborhood is clear and more safe to walk around, more organized. I am confident NRD-2 will be beneficiary to our diverse community. Thank you. Thank you very much. Vice Chair Russell: Thank you. Thanks for your patience. Good morning. Billy Corben: Good afternoon. Sorry to wake Commissioner Carollo. Vice Chair Russell: Are there other speakers left? How many do we have left? One, two, three and that's it? Alright. Just gauging lunchtime. You're recognized. Mr. Corben: Thank you, Mr. Chairman, I'm happy to see Commissioner Watson back and in good health, sir. My name is Billy Corben, also known as Little Billy Cohen, and I'm here to speak on the presentations and proclamations on Women's History Month, as well as Commissioner Carollo's item from the last meeting for which there was no opportunity for public comment, and during which he said that he would be talking about me and my family at every subsequent meeting. On February -- Vice Chair Russell: Mr. Corben, you're speaking on the proclamations items? Mr. Corben: Yes, sir. Commissioner Carollo: Okay. Mr. Corben: Women's History Month. Vice Chair Russell: Okay. There was no action taken on those items that were -- Mr. Corben: But I'm also speaking on Commissioner Carollo's item from last meeting, which there was no opportunity for public comment on, and during which he specifically said that in every future meeting he would be discussing me and my family. Commissioner Carollo: Mr. Cohen, you do not have anything officially in the agenda today. City of Miami Page 35 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Mr. Corben: I can't hear you, sir. Commissioner Carollo: You do not have any items on the agenda today that have to do with any of the issues that you're claiming that you're here to talk about. Mr. Corben: Can I please hear from the City Attorney. Deputy City Attorney, can you please clarify? I'm speaking to the presentations and proclamations for Women's History Month in addition to the -- Commissioner Carollo's item from the last meeting, during which there was no opportunity for public comment and during which he said that he'd be talking about me in every future -- and my family in every future meeting. Commissioner Carollo: No, that's not what I said -- Mr. Corben: Can I get a clarification for the -- for the record from the City Attorney, please, Madam City Attorney? Vice Chair Russell: Barnaby, if you could -- Commissioner Carollo: Feel -- Vice Chair Russell: -- comment. Commissioner Carollo: -- feel free to. Vice Chair Russell: Okay. I have section 2-33 of the City Code up with regard to public comment. If you'd like to refer to that, Barnaby, -- Mr. Min: Sure. Vice Chair Russell: -- With regard to the rights of residents to speak at public comment. Mr. Min: The right to speak is prior to any action that is to be taken by the City Commission. If there's no action being taken, then there is no right for the public to speak. Mr. Corben: So, am Ito understand it's the position of the City Attorney that the Commissioner could use the dais as his bully pulpit at any time about any citizens and there will no -- be no opportunity for public comment, for clarity, please? Vice Chair Russell: You're welcome to address that, Mr. City Attorney. Commissioner Carollo: There has been no action taken at this meeting today. You know, I am amazed that Mr. Cohen, who is the biggest bully in this town, you've seen what he makes a living off, the Internet, attacking people, defaming people. In fact, every Cuban American member of this body that holds a high office in this government, he has attacked, defamed, dressed up as Fidel Castro. Imagine what he would say if we would dress him up as Yasser Arafat, Hitler, Saddam Hussein, he'd be screaming what he calls everybody. Everybody to him is a racist. Everybody is corrupt. He defames everybody and now he's going to come and cry and complain. He put a truck today here that was defaming me, and he'll deny it, most likely, that it was him. It had a North Carolina tag. It was a truck that was paid for, with advertisement, which I'd like for Mr. Cohen to explain to me how it's legal, how can a truck, that does business in Miami and in Florida get a legal license to conduct business with a tag from the state of North Carolina? But this is what he does, and now he comes here City of Miami Page 36 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 crying, and complaining, and whining. Grow up, Billy. Be a big boy. You know, when you came to my office last, you were all laughing with me in that room. You never said that I was a racist. You never said that I was corrupt. You were all laughing, just having a good time there the last time that you came to the office. I didn't know who you were at the time, frankly, until you identified yourself to me, but our rules and regulations are -- Mr. Corben: I'm just here for my two minutes. Is it the position of the City Attorney and the Chairman that I'm not entitled to my two minutes, then? I'm just -- Commissioner Carollo: You don't -- Mr. Corben: I'm not here for banter -- Commissioner Carollo: You don't have been addressed today. Mr. Corben: -- or for debate -- Commissioner Carollo: Because you haven't been addressed today. Mr. Corben: I'm here for my two minutes of public comment. That's all. Commissioner Carollo: But you don't get two minutes afterwards. If you -- Mr. Corben: And I'm sorry. I don't get two -- Commissioner Carollo: -- if you wanted two minutes. Mr. Corben: -- I'm not addressing the Commissioner. I believe the appropriate -- Commissioner Carollo: You -- I am addressing you Billy -- Mr. Corben: -- the appropriate, (UNINTELLIGIBLE) -- Commissioner Carollo: -- whether you like it or not. Mr. Corben: -- is to address the Chairman. Madam, is it your position I cannot respond or I don't get my two -minute? I'm just trying to clarify -- Commissioner Carollo: Mr. Chairman -- Mr. Corben: -- for the record. Commissioner Carollo: -- he has not been addressed today. There's nothing in the agenda today. If he likes, he can wait the whole meeting, and if his name is brought up, I'll be happy to call him over and he could have two minutes -- Mr. Corben: You just brought it up, Mr. Commissioner. Vice Chair Russell: Thank you. Okay. Commissioner Carollo: -- but nothing has been said about him and nothing is in the agenda today. My God, we're giving proclamations and he wants to address proclamations? That's not part of what we have in the agenda. Now, go to your little Tweeter [sic] and start defaming me more, start defaming all of us; the Mayor, the City Attorney, the Manager, everyone that you do. You're not even a city resident to attack us the way you do. You don't live here. And, furthermore, you're the same little City of Miami Page 37 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Billy Cohen that went to an individual that told me and told the Mayor, and you brought some of those boys from 8th Street to -- when they offered him $5, 000 for his Optimist Club football, Luke Campbell, that told me and told the Mayor separately because the Mayor told me also. They would give him the 5,000 for the Optimist Club if he would attack me in a publication and call me a racist with the stuff that you all were giving him and he refused. And you have the gall to come here and complain. What you are, sir -- Mr. Corben: Mr. Chairman, can I have my two minutes for a public comment, please? Vice Chair Russell: Just a moment. Mr. Corben: Thank you. Commissioner Carollo: Commissioner Carollo, are you finished? I just wanted to make sure you said -- Commissioner Carollo: For -- for the meantime, but, you know, Chairman Vice Chair Russell: I didn't want to interrupt you is I'm saying. Commissioner Carollo: Yeah. I've said enough to him. If he wants to address what I said to him, he could have a 30-second, but you know what? Let him address what 1 said. Let him address then what I've said, but not this game to come in to speak on something that he cannot speak about or something that if he wanted to speak about it, he could've been here last week. Vice Chair Russell: Thank you. So as acting Chair, it's my job to keep decorum in the hall, keep the meeting moving, and make sure residents have the right to speak where allowed under our Code. Our Code is very specific, and Barnaby reiterated it. If there is an item on the agenda on which we are taking an action, a proposition is the word used in the Code and that proposition has been defined actually through a -- an opinion by the AG (Attorney General). And so an action item is one that mandates the allowance of the residents to speak. Other items such as proclamation or just general talk does not mandate the right for someone to speak. Anyone can ask for the right to speak and any one of this body can choose to hear. Commissioner Carollo has said he actually would like to hear what you have to say in response to what he has said, so you're very welcome to speak. Commissioner Carollo: And only to what I have said, if not cut him off because I don't have access to what he uses to defame me and everyone else, to use his racist hits on all of us. See, the problem that you have, Billy, you don't like Cuban Americans like us. You like the Cuban Americans like Raul and others. So answer, if you want to, the two areas that I touched upon, go ahead. Mr. Corben: On February 7th, 2001, then Mayor Joe Carollo, was arrested by Miami Police for domestic violence -- Commissioner Carollo: No, no, no, no, no, no, no, no. You're not answering me. Mr. Corben: After he struck his -- Commissioner Carollo: No. He's coming here to play this game that he wants to do. You had your truck out there attacking me. You attacked me every other month with that, right? Mr. Corben: After he struck his soon -to -be ex-wife in the face, with a heavy object. City of Miami Page 38 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Reyes: Listen, listen, listen. Mr. Chair -- Vice Chair Russell: You 're recognized, Commissioner Reyes. Commissioner Reyes: I think that everybody has the right to come on and speak here but I mean, with all due respect, sir, you'd think when you are attacking of any one of us and you're bringing things from the past and attacking them -- Mr. Corben: With all due respect, Mr. Commissioner, I appreciate that. But you made a presentation -- for presentations and proclamations for Women's History Month, I think the history of the city -- Commissioner Reyes: Wait a minute -- wait a minute. Vice Chair Russell: Mr. Corben. Commissioner Reyes: Wait a minute. What I'm trying to say, I'm trying to keep this, you know, as civil as possible. You have a chance to answer to what he said not right now go stick to it. Use your time. Answer to what he said now. If .you want to bring something else, you know. I mean, you have a forum that you can bring it. But I don't -- I don't like anybody, not you, not anybody that come here and use this forum to have a personal attack of things that happened before and not that there was no action to it -- I mean, on it and in order to defame or to insult anyone of us or anyone our employees, sir, that's what I'm trying to say. Do you want to answer what just he said? Go right ahead. Mr. Corben: With all due respect, Mr. Commissioner, he did not say anything that I could respond to there. It was incoherent and immaterial. What I'm -- what I'm saying is that you -- Commissioner Carollo: Mr. Chairman -- Mr. Corben: -- celebrated Women's History Month -- Commissioner Carollo: Mr. Chairman -- Mr. Corben: -- I'm talking about the history (UNINTELLIGIBLE). Commissioner Carollo: Mr. Chairman. Vice Chair Russell: Just a moment. Commissioner Carollo: This guy can't just come up here and make a mockery of our process, okay? You want to debate me? Let's go in front of 8th Street, bring every camera, English, and Spanish, in Miami to film it, and let's debate it in the street. Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Carollo: Let's debate in the streets because you know what? Little Billy, I'm the only guy that has ever taken a polygraph -- by the polygraphist that the State Attorney's Office said that it came out 100 percent clean that I've never laid a finger on a woman. I don't know if you have -- Mr. Corben: May I respond to that? May I respond to that, Mr. Commissioner? Commissioner Carollo: At the same time, sir. City of Miami Page 39 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Mr. Corben: May I respond to that Mr. Commissioner? Commissioner Carollo: At the same time, sir, that ex-wife you're talking about, go to the Miami Herald, that you didn't want to talk about. She sent a letter to the Herald putting that clearly, you were in college playing games when this happened. The City of Miami, residents that have elected me, know my history, fully. What you're here is to try to throw dirt at me, throw lies, throw (UNINTELLIGIBLE). You have stated in the past that I have hit women, beat up women. Well, I suggest that you bring up the proof, and take me up the middle of 8th Street, Versailles, call the press conference where we can bring everybody. You're showing their pictures is there's no -- it's ridiculous. Mr. Corben: Your ex -- your ex-wife sustained what police described as a golf ball sized mark on the left side of her head. Vice Chair Russell: Mr. Corben, this is not the forum. Commissioner Carollo: Mr. Corben -- Mr. Corben: He asked me fbr proof. Commissioner Carollo: That is no proof Mr. Corben, those pictures don't show anything, you know it, okay? Now, the question is you're here to try to defame me because you can't answer the other stuff you are not a city resident, you're not a millionaire, you are an individual that makes his money attacking others, you've been paid to research me through all the different TV stations from way back, papers, so you can attack me and that's how you make your living, being paid attacking people. You've never made enough money in the so-called area that you try to pretend that you're a big director and make millions to really live well, you got to make money that way. You got to make money by bringing people like you did, to someone, so they could offer a contribution to an optimist club if they attacked me and defame me and that's what you're here to do. Now, this is not -- Chairman, I'm going to tell you now, I'll have a vote in this Commission if you like, but he's been given an opportunity to address the areas that we touched. He says I haven't said anything that he could address. He wants to use this time to try to defame me, in this body, with lies that he wants to throw against me. And there's nothing in the agenda that he could use to do that. So if you like, I would call that question right now. Vice Chair Russell: Commissioner Carollo, I would like to recess for lunch. I think we are getting off the business of the day and I have allowed it, because you want to continue conversing with Mr. Corben, and I think it's best if we stopped this line of discussion. Mr. Corben, we have not violated your rights to address this commission. Mr. Corben: How's that? Vice Chair Russell: Because you stated that the item you would like to speak on the agenda was a proclamation about women and you are parlaying that into a discussion. Mr. Corben: No, I said three things, sir. I was speaking to three things. Vice Chair Russell: What were the other items you wanted to speak on? Mr. Corben: It was Commissioner Carollo's item from the previous meeting. Vice Chair Russell: Which is not on our agenda today. City of Miami Page 40 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Mr. Corben: For which there was no opportunity I think the record will show, Mr. Chairman, you afforded no opportunity for public comment. And lastly, during that item, Commissioner Carollo specifically said that in all future meetings he will be discussing me and my family. Vice Chair Russell: Yes. Mr. Corben: Those are the three things that I'm here to address, sir. Vice Chair Russell: Yes, I understand. So you cannot address an item that was on a previous agenda and had Commissioner Carollo placed that continuing item on this agenda, you would absolutely have a forum to speak as an action item which we are taking upon this agenda, But that was never placed on this agenda. So there is not an ongoing item on her agendas to discuss that. Mr. Corben: Madam City Attorney for clarity, what is the remedy for the Chairman and the Commission's failure to afford -- Commissioner Carollo: Madam -- Mr. Corben: -- public comment Commissioner Carollo: -- City Attorney -- Mr. Corben: -- for that -- at that previous meeting. Commissioner Carollo: The City Attorney doesn't have to be at -- responding to questions Mr. Cohen that gets up here. Vice Chair Russell: Commissioner, please. Commissioner Carollo: And ask questions like if he were God, this is not your little Tweeter [sic] account Little Billy. Vice Chair Russell: Commissioner, please. Commissioner Carollo: Listen. If you want to speak to me really about this. I'll offer to meet with me like you came before you were all smiles. Mr. Corben: You've used the dais to speak about me and my family. I feel that I am entitled to -- Commissioner Carollo: No, no, no, the only thing I said about your family was they're all fine Republicans, all fine Republicans, your grandfather -- Mr. Corben: Nobody's perfect. Mr. Commissioner. Commissioner Carollo: -- your cousin, your aunt, and your father. I didn't say anything to offend your family. Now, if you're offended by that, that's your problem. But first of all, according to our Code, which was explained to you, you didn't even have a right to address it, but you certainly would have been given that. You were tweeting away, attacking me, as I was speaking, You have plenty of time to come here. Mr. Corben: Sir, you have afforded me that opportunity in response of what you said here. City of Miami Page 41 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Carollo: But you did not come to our meeting last week. Therefore, you don't get, whenever you decide to come to City Hall to speak. Now, I do have one little question for you. Did you pay or get someone to put that truck from North Carolina? Vice Chair Russell: Commissioner Carollo, this will just continue the discussion that you're trying to stop. I would like to recess the meeting. Mr. Corben, if you feel your rights have been violated, you have every right to file a grievance. But I'm telling you here, now, the items you chose -- you asked to speak on are not action items on this dais, today -- on today's agenda. But I do believe you accomplished your goal of having a conversation with Mr. Carollo back -and -forth, which has extended our day and taken us off our business. So I am going to recess the meeting, especially with the fact that nothing within those rights prohibits the City Commission from maintaining orderly conduct or proper decorum in a public meeting, and we have gone off the rails. So I would like to recess the meeting and we'll readjourn after lunch. It is already 1 o'clock. We'll meet here again at 3 o'clock. We have a shade meeting, we have a -- we have the settlement discussion. I will reopen public comment on the settlement discussion as some were not able to speak on that specific item. But I thank you all for your patience this morning and thank you for your advocacy. We are recessed until 3 o'clock. 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: Mr. Clerk, are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Vice Chair Russell: Alright. END OF MAYORAL VETO(ES) City of Miami Page 42 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 CA.1 8550 Department of Police CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED ON FEBRUARY 26, 2020 PURSUANT TO INVITATION FOR BIDS ("IFB") NO. 1182386 TO ESTABLISH A CONTRACT FOR THE PURCHASE OF SMITH & WESSON M&P15T RIFLES FROM THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, LOU'S POLICE DISTRIBUTORS, INC., A FLORIDA PROFIT CORPORATION, FOR THE CITY OF MIAMI'S ("CITY") POLICE DEPARTMENT, ON AN AS NEEDED BASIS, FOR A CONTRACT TERM OF TWO (2) YEARS; ALLOCATING FUNDS FROM POLICE GENERAL ACCOUNT NO. 00001.191501.552110.0000.00000, 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 NECESSARY DOCUMENTS, INCLUDING ANY AMENDMENTS 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-21-0122 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.1, please see "End of Consent Agenda." City of Miami Page 43 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 CA.2 RESOLUTION 8635 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THREE (3) 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-21-0123 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see "End of Consent Agenda." CA.3 RESOLUTION 8651 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PUBLIC TRANSPORTATION GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, ACCEPTING THE STATE OF FLORIDA'S CONTRIBUTION IN THE AMOUNT OF $1,000,500.00 FOR OPERATING COSTS ASSOCIATED WITH THE LIBERTY CITY TROLLEY SERVICE FOR FISCAL YEAR 2020- 2021; AUTHORIZING THE ALLOCATION OF THE CITY'S REQUIRED MATCHING FUNDS IN THE AMOUNT OF $1,000,500.00 FOR FISCAL YEAR 2020-2021 FROM THE CITY'S SHARE OF THE TRANSIT SURTAX; 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-21-0124 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.3, please see "End of Consent Agenda." City of Miami Page 44 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 END OF CONSENT AGENDA Vice Chair Russell: I'd like to move to the CA (Consent Agenda) Agenda. Is there a motion for the CA Agenda? Commissioner Reyes: Move it. Vice Chair Russell: Moved by Commissioner Reyes. Commissioner Carollo: Second. Vice Chair Russell: Seconded by Commissioner Carollo. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye Vice Chair Russell: Motion passes. That's CA.1, 2, and 3. PH Agenda, we have three - Commissioner Carollo: Did -- Vice Chair Russell: Yes, sir. Commissioner Carollo: -- the incoming Police Chief approval of CA.1 ? Vice Chair Russell: Mr. Manager? Mr. Noriega: I'm not aware that he even knows about it, to be honest with you. Because this was approved over a year ago. Vice Chair Russell: Yes. Mr. Noriega: This was the -- this is the selection of the procurement. Commissioner Reyes: Yes, I -- and I -- Mr. Noriega: This item was approved in the beginning of the year. Commissioner Diaz de la Portilla: The rifles? Is it the rifles? Commissioner Reyes: Yeah, the rifles. I never received -- I'd like some information on it. I mean, we voted for it, but still I'm waiting for information and a justification for purchasing, because -- I'm going to be very candid. Every time that we turn around, we witness the police buying some toys, and the fire department buying some toys. I mean, we got to stop that. There's got to be a point that we'd said, "Okay, you have to justify what you want. Why." Not because -- I mean, everybody has it. It's a beautiful, beautiful weapon, but not because they're pretty and how use -- I mean, what's the difference, what is the efficiency that we are gaining by using this? And could you please direct your police department to come and enlighten me on this so maybe I'll change my mind for future purchases? Mr. Noriega: Yes, sir. Commissioner Reyes: Okay. Vice Chair Russell: Thank you. City of Miami Page 45 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 PH - PUBLIC HEARINGS 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. ENACTMENT NUMBER: R-21-0125 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, Watson Note for the Record: For additional minutes referencing Item Number PH.1, please see "End of Consent Agenda." City of Miami Page 46 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Vice Chair Russell: PH.1 and 5 are four -fifths. Is there a motion for PH.1 and 5? Commissioner Carollo: Did we vote on it yet? Commissioner Diaz dela Portilla: Hold on. Hold on. Vice Chair Russell: On the CA items, yes, we did vote. Commissioner Carollo: We did? Okay. Vice Chair Russell: Yes. Commissioner Carollo: Alright. Okay. We're at PH.1? Vice Chair Russell: Yes. Commissioner Carollo: I would make a motion to approve a five-year lease extension with a five-year renewal. Vice Chair Russell: There's been a motion to approve with an amendment changing the lease term from five years plus alive -year renewal. Commissioner Reyes: Yes 1 could second that, but I will -- Vice Chair Russell: Seconded by Commissioner Reyes -- Commissioner Reyes: -- I will add that they will have an additional five years, come to the Commission before they have -- to have any extension, they can come to the Commission, and we decide if we -- Vice Chair Russell: At which point? After the initial five years, or the second -- Commissioner Reyes: After the second five years. Vice Chair Russell: After the second five years -- Commissioner Reyes: Yes. Vice Chair Russell: -- they could come back to the Commission for a further extension? Commissioner Reyes: For a further extension. Vice Chair Russell: Madam City Attorney and Real Estate Asset Management Department, any issues with that? Barnaby Min (Deputy City Attorney): Legally, no, sir. It is a — Vice Chair Russell: Thank you. Mark Burns: So, it's Mark Burns, lease manager with the Department of Real Estate and Asset Management. I don't have any issues with that. No, sir. Vice Chair Russell: Thank you. Commissioner Diaz de la Portilla, you are recognized. Commissioner Diaz de la Portilla: So that's a ten-year lease? Five and five? City of Miami Page 47 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: How much a year? Mr. Burns: It's $600 a year. Commissioner Diaz de la Portilla: $600? Mr. Burns: Yes, sir. Commissioner Diaz de la Portilla: A year? Mr. Burns: I'm sorry? Commissioner Diaz de la Portilla: A year? Mr. Burns: A year. Yes, sir. Commissioner Diaz de la Portilla: And then does the amendment add an additional five years to that? Vice Chair Russell: No. Commissioner Diaz de la Portilla: So, it says five, five, and an additional five? Vice Chair Russell: Five, five, and then come back to the Commission for any other extensions. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Any other extensions, yes? Vice Chair Russell: Yes. There's been a motion. There's been a second. Is there any further discussion on the dais? It's four -fifths. All in favor, say "aye." The Commissioner (Collectively): Aye Vice Chair Russell: Any opposed? Motion passes as amended. Thank you very much. Todd B. Hannon (City Clerk): Chair, was that only for PHI or — Vice Chair Russell: Yes. It is just PH.1, Mr. Clerk. Mr. Hannon: Understood. City of Miami Page 48 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 PH.2 RESOLUTION 8666 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ESTABLISHING THE BUSINESS CONTINUITY MICRO -ENTERPRISE ASSISTANCE PROGRAM II AND THE SMALL BUSINESS EMERGENCY LOAN PROGRAM II, ATTACHED AND INCORPORATED AS EXHIBIT "A" AND EXHIBIT "B" RESPECTIVELY; ALLOCATING FUNDS FROM THE SPECIAL GRANT ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0126 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Vice Chair Russell: PH.2 and 3. This is a — let's take it up. PH.2, please. This is the Micro Enterprise Assistance Program, small business emergency loan. Is there a motion on this one? Commissioner Carollo: Move. Commissioner Watson: Second. Vice Chair Russell: Moved by Commissioner Carollo, seconded Commissioner Watson. Any further discussion on the dais? All in favor, say "aye." The Commissioner (Collectively): Aye Vice Chair Russell: Any opposed? Motion passes. City of Miami Page 49 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 PH.3 RESOLUTION 8673 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, PURSUANT TO SECTION 376.80, FLORIDA STATUTES, 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 AND KNOWN AS THE BRICKELL FIRE STATION GREEN REUSE AREA (COLLECTIVELY, "SUBJECT PROPERTY"), A BROWNFIELD AREA WITHIN THE CITY OF MIAMI ("CITY"); DIRECTING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE MIAMI-DADE DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES OF THE DESIGNATION OF THE SUBJECT PROPERTY AS A BROWNFIELD AREA, TO UNDERTAKE ANY OTHER NECESSARY RELATED PROCEDURES, NOTICES, AND REQUIREMENTS FOR SAID DESIGNATION, AND TO UPDATE THE MAP OF DESIGNATED BROWNFIELD SITES TO INCLUDE THE SUBJECT PROPERTY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Jeffrey Watson, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: Item PH.3 was deferred to the April 8, 2021, City Commission Meeting. Vice Chair Russell: PH.3, Brownfield area designation request. Commissioner Carollo: Move. Commissioner Reyes: Second. Vice Chair Russell: Moved by Commissioner Carollo, seconded by Commissioner Reyes. I just had a question for the administration with regard to Brownfield designation, and if that places any stain on the title of surrounding properties within a certain radius under DERM regulations? Anthony Barcena: Anthony Barcena, Assistant Director, Department of Real Estate and Asset Management. I don't believe so. City of Miami Page 50 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Vice Chair Russell: Don't think so, or -- Mr. Barcena: From what 1 understand, I don't believe. No, sir. Vice Chair Russell: Okay. I just want to make sure that we -- Mr. Barcena: It's just this (UNINTELLIGIBLE)? Vice Chair Russell: -- declare this park and the fire station as a Brownfield zone, that it doesn't have a negative effect on the surrounding residence property values? Mr. Barcena: No, sir. Vice Chair Russell: Okay. Thank you. There's been a motion. There's been a second. Is there any fit'rther discussion on the dais? Commissioner Watson: Yes. Vice Chair Russell: Yes. Commissioner Watson: Let me ask you a question regarding some of these detail in -- what's this, Page 8 on the proposed parties. Vice Chair Russell: Could you speak into the mic, please? Commissioner Watson: I'm sorry. It's the Public Benefits Agreement. Sorry about that. Can't do both at the same time. In The Public Benefits Agreement and the proposed changes, it says: "Mutual agreement of the parties." Which parties are we talking about? Us and them? Mr. Barcena: Us. The developer is actually seeking tax credits, which is a term included in the Public Benefits Agreement. Commissioner Watson: So, when it changes, when it says: "Written mutual agreement of the parties, " those parties is the City and the developer? Mr. Barcena: I can't hear you, sir. I'm sorry. Commissioner Watson: Go to Page 8, in what's called Section II -- Section 10, Construction, New Fire Station, Parcel and Mixed Use Project in Exchange of Properties, right? If you go down and you go to Page 8, Section C it says proposed changes. In that section it talks about, from time to time, written mutual agreement of the parties. Which parties are they talking about? Unidentified Speaker: He doesn't have it. Commissioner Watson: Oh, he doesn't have that? I'm asking questions to a ghost. Unidentified Speaker: (COMMENTS MADE OFF RECORD) Mr. Barcena: My apologies, sir I don't -- I don't have the (UNINTELLIGIBLE) -- Commissioner Watson: Section 12, public benefits, subject to the City's payment and performance of its obligations. What obligations do we have? Mr. Barcena: Sorry, I -- honestly do not have the backup on me, my apologies. What I do have is this resolution will allow to designate Fire Station 4 in Southside Park City of Miami Page 51 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 (UNINTELLIGIBLE) Brownfield due to the fact that there is actual contamination of the properties as well as the significant perception of contamination. And I said the developers seeking tax credits, which is a term included in the Public Benefits Agreement. Commissioner Watson: What I'm asking has nothing to do with tax credits. I want to know what obligations do we have if we're now supposed to be getting something. It says Section 12, public benefits, what obligations do we have? Mr. Barcena: So, this is required, and will continue to require the developer to encourage significant time and expense for technical engineering and legal consultants in order to properly conduct environmental assessment and remediation if necessary. The designation has thus become the key part of the project's ultimate viability and by engaging the developer to access certain regularity and economic incentives to mitigate and manage the risk and expense associated, discovery of the contamination and (UNINTELLIGIBLE) the response. Commissioner Carollo: Commissioner -- Commissioner Watson: -- in consideration to -- Commissioner Carollo: -- Commissioner if you would like to defer this for the next meeting, 1 have no problem. Barnaby Min (Deputy City Attorney): And I can try to assist, Mr. Chairman. I believe what the Commissioner is looking at is the previous public benefits agreement that has already been executed and approved by the Commission. That is not for our consideration today. What's being considered today is solely whether or not the property should be designated as a Brownfield. So, the Public Benefits Agreement that you're looking at is basically backup information that is sensitive to -- related to the project and how we got here. Commissioner Carollo: I don't know why we needed that in there so it could make it confusing but, you know, two different things. Commissioner Watson: Yes, I mean, I guess it was passed, the Public Benefits Agreement, which is interesting. This just says, we have obligations, it's just surprising that you wouldn't know what those obligations are. It also says these guys have to give us some money, except it gives a clause where they weasel out of it -- giving us money. 13, $37 million. So I didn't put this in this book. So, I'm just asking because it sounds like we're getting something except we're not so I apologize. Commissioner Carollo: Not -- not, for the Brownfield. We're getting it once the permits are -- are issued. Commissioner Watson: Okay. Alright. Thank you. Commissioner Carollo: But again, if for any reason you want to delay a little longer, there's no problem. Commissioner Watson: Can we -- can we roll it over to the next meeting? Commissioner Reyes: Yeah. Commissioner Watson: Let's do that. Mr. Barcena: From what I heard the obligation is to convey the air rights to them, so. City of Miami Page 52 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Watson: Yeah, we'll roll it over to the next meeting and we will figure it out (UNINTELLIGIBLE) -- Vice Chair Russell: Thank you, there's a motion by Commissioner Watson to defer PH3, to April 8th. Commissioner Reyes: Second. Vice Chair Russell: Seconded by Commissioner Reyes. Any further discussion? All in favor, say "Aye". The Commissioner (Collectively): Aye Vice Chair Russell: Motion passes on PH.3. PH.4 RESOLUTION 8715 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY'S ANTI- POVERTY INITIATIVE FUND IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000.00) TO ENCOURAGING DREAMERS BREAKING BARRIERS, LLC., A FLORIDA LIMITED LIABILITY COMPANY, IN SUPPORT OF THE E.D.B.B. ALLSTAR DETAILING SERVICES PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Note for the Record: For minutes referencing Item Number PH.4, please see "Order of the Day." City of Miami Page 53 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 PH.5 RESOLUTION 8716 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 2 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE FUND IN A TOTAL AMOUNT NOT TO EXCEED THREE HUNDRED THOUSAND DOLLARS ($300,000.00) TO REBUILDING TOGETHER MIAMI- DADE, INC., A FLORIDA NOT FOR PROFIT CORPORATION, IN SUPPORT OF THE SAFE AND HEALTHY HOMES IN VILLAGE WEST PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0127 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Vice Chair Russell: Next is PH.5 also a four -fifths. These are the API (Anti -Poverty Initiative) funds from District 2 for rebuilding together in the West Grove. Is there a motion, please? Commissioner Diaz de la Portilla: Move. Vice Chair Russell: Moved by Commissioner Diaz de la Portilla, seconded by the Chair. Any further discussion? All in favor, say "aye." The Commissioner (Collectively): Aye Vice Chair Russell: Any opposed? Motion passes. Thank you very much. City of Miami Page 54 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 PH.6 RESOLUTION 8326 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADOPTING THE FINDINGS OF MIAMI-DADE COUNTY ("COUNTY") THAT, IN ACCORDANCE WITH SECTION 163.335, FLORIDA STATUTES, THE GEOGRAPHIC AREA LOCATED IN THE CITY OF MIAMI ("CITY") GENERALLY BOUNDED ON THE NORTH BY BIRD ROAD (SOUTHWEST 40 STREET) AND THE PROPERTIES NORTH OF BIRD ROAD, ON THE EAST BY MCDONALD STREET AND MAIN STREET, ON THE SOUTH BY MARLER AVENUE AND LOQUAT STREET, AND ON THE WEST BY 39 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("AREA"), IS A SLUM OR BLIGHTED AREA; THAT THE REHABILITATION, CONSERVATION, AND REDEVELOPMENT OF THE AREA IS IN THE INTEREST OF PUBLIC HEALTH, SAFETY, MORALS, AND WELFARE OF THE RESIDENTS OF THE COUNTY, THE CITY, AND THE RESIDENTS LIVING WITHIN THE AREA; ACCEPTING THE COUNTY'S DELEGATION OF AUTHORITY TO CREATE A COMMUNITY REDEVELOPMENT AGENCY TO BE KNOWN AS THE WEST GROVE COMMUNITY REDEVELOPMENT AGENCY ("WEST GROVE CRA") WITH THE GEOGRAPHIC BOUNDARIES SET FORTH IN EXHIBIT "A", ATTACHED AND INCORPORATED, AND AUTHORIZING A COMMUNITY REDEVELOPMENT PLAN FOR THE AREA BE PREPARED; FURTHER, PURSUANT TO SECTION 163.356(1), FLORIDA STATUES, DECLARING THAT THERE IS A NEED FOR THE WEST GROVE CRA AND DECLARING THE MIAMI CITY COMMISSION TO BE THE GOVERNING BODY OF THE WEST GROVE CRA WHICH WILL BE A SEPARATE, DISTINCT, AND INDEPENDENT ENTITY FROM THE CITY COMMISSION WITH ALL THE RIGHTS, POWERS, PRIVILEGES, DUTIES, AND IMMUNITIES OF A COMMUNITY REDEVELOPMENT AGENCY AS PROVIDED FOR IN SECTION 163.357, FLORIDA STATUTES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THOSE NAMED HEREIN. ENACTMENT NUMBER: R-21-0119 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Vice Chair Russell: I know some of you are still here waiting. But if there is a motion for PH 6 and RE.3 on the West Grove CRA. Mrs. Thelma Gibson would appreciate that. Is there a motion? Commissioner Reyes: Move it. Vice Chair Russell: It's been moved by Commissioner Reyes. Commissioner Carollo: There's a second. Vice Chair Russell: Seconded by Commissioner Carollo. Commissioner Carollo: Discussion. City of Miami Page 55 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Vice Chair Russell: Discussion. Mr. Clerk. Todd B. Hannon (City Clerk): And Chair, Just for the record, I need to amend RE.3 to include resolution number R-21-0119 adopted on March 25th, 2021. Vice Chair Russell: Thank you. Mr. Carollo, you're recognized. Commissioner Carollo: Yes. I want to get for the record, so the Administration would know how they're going to have to re -adjust their budget for next fiscal year. How much the general fund is going to lose from the millage rate that we received now. That's one. Two, I'd like to discuss here, instead of creating another separate board that we're going to spend several hundred thousands -- hundreds of thousands of dollars in staff that it be combined with one of our other two CRAs. Maybe this could be combined with the Omni or Southeast. You know, in the past when I was mayor, Omni CRA and Southeast CRA were one. So it doesn't make sense to me if we're not going to be getting nowhere near the amount of money that the other two CRAs get, that we're going to end up using a big chunk of that money in staff. Vice Chair Russell: If I could address that, Commissioner Carollo -- Commissioner Reyes: May 1 -- Vice Chair Russell: Just a moment -- if -- I'd like to address him directly. The original intention was to make this an expansion of the Omni CRA, and 1 worked on that for several years with the County. I realized very quickly there was no will to get that -- to make that happen. The by -- the -- so I bifurcated it and brought this CRA separately, which means it will have a smaller budget. It will have a little -- take a little longer to get started. But this community, as you've seen this morning, is absolutely dedicated to having their own proud and strong CRA -- Commissioner Carollo: Yeah. But I believe, and I understood what you tried to do, and it was the right thing, what you were trying to do, and the way you were doing it before. But what I'm talking about is for the West Grove to accomplish that, and at the same time have more money, you could bifurcate the West Grove's monies from their CRA, have -- and the City Attorney can guide us in that, obviously, and at the same time, use the same stafffbr both. And, obviously, the board is going to be the same board that we have here. Vice Chair Russell: Commissioner Reyes? Commissioner Reyes: Yes. If -- I don't know if it is possible. I don't know if the State will accept that. I mean, because I could -- remember that whatever we, I mean, every time that we are proposing a CRA, not only the County has to approve it but also the State, too. And if it is possible, I understand the rationale that Commissioner Carollo is expressing. And if it is possible, and if you're going to get some of the, I mean, it's not going to be a board, but it will be the main concern will be the expenses for additional people to run the CRA. And if we can, I don't think that's -- that CRA is going to be that big, it's not going to be that, I mean, it's so much, so many employees. But if in the case that it could be, I mean, part of another CRA, I will strongly recommend that will be part of the Overtown/Park West Redevelopment Project, which is -- was the first CRA that was established in the City of Miami. And I'm proud to say that I was the economist for that CRA. And I will strongly recommend, if it is possible, if it is possible, that the Overtown/Park West Redevelopment CRA be the one that could manage it. City of Miami Page 56 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Vice Chair Russell: So as you all know, the over three-year process that we've all worked on together -- Commissioner Reyes: That's right. And we had argued a lot and then -- Vice Chair Russell: Yeah. But we got there, and it included a unanimous vote of us on the finding of necessity which established -- Commissioner Reyes: That's right. Vice Chair Russell: -- the boundaries of the CRA. So we would have to start from scratch. Commissioner Carollo: No, no -- Commissioner Reyes: No, what we're doing now, it is accepting or finding the necessities that -- which is that there is a condition of slum and blight. A proven condition of slum and blight. And -- but that's what the application is going to try to prove when we go to the -- I mean, we asked for the acceptance from the State, and it has to prove -- we have to prove that it's a slum and blight. This is the only thing that we're doing here today then, and I know that. I do understand that -- Commissioner Carollo: Well -- Commissioner Reyes: But I'm following on Commissioner Carollo's rationale. I am -- Pm proposing, I'm offering, you see, that it is my opinion that the Overtown/Park West Redevelopment Project -- well, projects, CRA, be the one that deals with it because it has the most -- more experienced in that in -- Vice Chair Russell: Yes. And that could be done at a later time. My hope and my ask is that we pass these agenda items -- Commissioner Reyes: Absolutely. I do understand. Vice Chair Russell: -- today. And that would establish the CRA, and then we can talk about how we work on this. Commissioner Reyes: Absolutely. This is just to establish the CRA and that's why I move it. Vice Chair Russell: With your-all's permission, I'd like to recognize Commissioner -- Commissioner Reyes: Oh, I'm sorry Commissioner (UNINTELLIGIBLE). Commissioner Carollo: (UNINTELLIGIBLE) another word. Vice Chair Russell.• Yes. Just a minute, Ms. Gibson. Commissioner? Ms. Gibson: (UNINTELLIGIBLE) Thelma Gibson at 3651 Franklin Avenue, Coconut Grove. And I'm here in support of the CRA -- West Grove CRA. Primarily, because we have been talking about this for so many years. And years ago we talked about it, and this 21 thing came up, and everything sort of changed. So many of the people who lived in Coconut Grove are now living down in the south end of Dade County, down in Homestead, and around everything, because there's nowhere for them to stay in Coconut Grove anymore that they can afford. And so if 'we could get a CRA, I believe it will be the savior for a part of Coconut Grove where some of our residents from the past could live -- could afford to live. I think all of you know that things have changed. City of Miami Page 57 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 I have nothing against other people coming into our community. Butt really think that some of our own citizens should be able to stay there and be able to afford to live there. So if you can see fit this one afternoon to vote for the CRA for the West Grove, we will so appreciate it. We will thank you from the bottom of our hearts. And I think all of you know what we can do with the CRA in our area. We want to just be able to have some of our people to be able to live there, and I want to thank you in advance for your -- Vice Chair Russell: Thank you, Mrs. Gibson. Commissioner Carollo: Thank you, Mrs. Gibson. Ms. Gibson: -- vote on this item. Thank you so much. Vice Chair Russell: Commissioner Carollo. Commissioner Carollo: Commissioner, all -- to be as clear as I could possibly be. All that I am trying to accomplish is not to reinvent the wheel because we don't want to go backwards here, we want to move forward. But when the time comes, that we use the same staff of one of the other two CRAB to handle the Grove part too, and it could be the same chairman, obviously, or not, if you don't want it as a board, but not to duplicate more staff. And they can both be independent and they have to be, but they could have the same staff working in both. And that will save a tremendous amount of money, monies that the Coconut Grove CRA could then use in addition -- Commissioner Reyes: Yes. Commissioner Carollo: -- to what they have. And that's all that I'm saying. Commissioner Reyes: Yes. I do understand, Commissioner. And also one thing that is very important. Where are the boundaries of that CRA? They have to be real defined. The boundaries have to be defined because the tax increments that are going to go to the CRA, it is within those boundaries. Vice Chair Russell: Yes. Commissioner Reyes: Okay? So it would have to be very well defined, okay? Vice Chair Russell: Yes. So -- Commissioner Reyes: Let's send this to Tallahassee and that's it. Commissioner Carollo: Mr. City Manager, based upon the initial boundaries, what is the amount of tax dollars that we, as a City, would not be getting then? Mr. Noriega: It's -- the approximation is $244,000. Commissioner Carollo: Okay. That's fine. So what I would very politely suggest that you start implementing that into the budget for next year beginning October 1st, because you are going to have a quarter of a million less to deal with. Vice Chair Russell: Okay. Thank you very much. Commissioner Carollo: Call the question if you'd like. Vice Chair Russell: There's been a motion, There's been a second. Any further comment? All in favor of the item say, "aye." City of Miami Page 58 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on PH.6 and RE.3. The West Grove has a Community Redevelopment Agency. Thank you very much, gentlemen. Commissioner Diaz de la Portilla: Congratulations. Vice Chair Russell: Thank you very much. Commissioner Diaz de la Portilla: Well done. END OF PUBLIC HEARINGS City of Miami Page 59 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 RE.1 8546 Office of the City Clerk RE - RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PROVIDING FOR A GENERAL MUNICIPAL ELECTION ON NOVEMBER 2, 2021 FOR THE PURPOSE OF ELECTING A MAYOR AND TWO (2) COMMISSIONERS; FURTHER PROVIDING FOR A RUN-OFF ELECTION, IF REQUIRED, ON NOVEMBER 16, 2021; PROVIDING FOR THE REGISTRATION OF PERSONS QUALIFIED TO VOTE IN BOTH ELECTIONS; DESCRIBING PERSONS QUALIFIED TO VOTE IN BOTH ELECTIONS; DESCRIBING THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF FLORIDA AND CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH THE CITY OF MIAMI HAS ADOPTED FOR USE IN GENERAL MUNICIPAL AND RUN-OFF ELECTIONS; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; DIRECTING THE CITY CLERK TO GIVE NOTICE BY PUBLICATION OF THE ADOPTION OF THIS RESOLUTION AND THE PROVISIONS HEREOF; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-21-0120 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Vice Chair Russell: RE.1, 2021 municipal election date. Is there -- Commissioner Diaz de la Portilla: Move. Vice Chair Russell: Move by Commissioner -- Commissioner Reyes: Second. Vice Chair Russell: -- Diaz de la Portilla. Commissioner Reyes is that a second? Commissioner Reyes: Yes. Vice Chair Russell: Thank you very much. Todd B. Hannon (City Clerk): Chair, I simply need to request a floor amendment to include the following resolution number R-21-0120. Vice Chair Russell: Noted. Thank you very much. Any further discussion All in favor say -- City of Miami Page 60 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Carollo: Hold on, what happens if we don't approve this? Commissioner Reyes: There's no -- Vice Chair Russell: Then there's no election, you stay forever. Commissioner Reyes: I move that we don't move -- we don't approve this, ever. Vice Chair Russell: I think Commissioner Carollo found a loophole. Commissioner Carollo: Move. Vice Chair Russell: Alright. There's a mover, there's a seconder. All in favor of the item, say "aye." The Commissioner (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on RE.l. City of Miami Page 61 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 RE.2 8733 City Manager's Office RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND 3260/3270 HOLDINGS, LLC FOR THE PURCHASE OF A PROPERTY LOCATED AT 3260 SW 29 STREET AND 3270 SW 29 STREET, MIAMI, FLORIDA 33133 (COLLECTIVELY, "PROPERTY") FOR A PURCHASE PRICE OF TWO MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS ($2,350,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID ACQUISITION; ALLOCATING FUNDS FROM THE OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B213507, DISTRICT 2 PARK LAND ACQUISITION, AND ADDITIONAL FUNDS ALLOCATED FROM A SOURCE TO BE DETERMINED, IN AN AMOUNT NOT TO EXCEED TWO MILLION FOUR HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($2,425,000.00) TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF SURVEY, ENVIRONMENTAL REPORTS, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE, AND RELATED CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, ALL IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Note for the Record: Item RE.2 was continued to the April 22, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.2, please see "Order of the Day." City of Miami Page 62 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 RE.3 RESOLUTION 8328 Commissioners and Mayor RE.4 8555 Outside Counsel A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN INTERLOCAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AMONG THE CITY OF MIAMI, MIAMI-DADE COUNTY, AND THE WEST GROVE COMMUNITY REDEVELOPMENT AGENCY ("CRA") DELINEATING AND DELEGATING THE POWERS OF THE CRA. ENACTMENT NUMBER: R-21-0128 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number RE.3, please see "Public Comments for all Item(s) " and Item Number PH.6. 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; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-21-0129 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Diaz de Ia Portilla, Carollo, Reyes, Watson NAYS: Russell Note for the Record: For additional minutes referencing Item Number RE.4, please see "Public Comments for all Item(s)." Vice Chair Russell: Alright, I should go into the settlement two. Is there anyone here who'd like to speak to public comment on the settlement issue, please? You'll have two minutes at either of the lecterns. Please, come on forward, I apologize you've had to wait all this long, long day, but I really appreciate your advocacy. Mr. Havenick you're very welcome. City of Miami Page 63 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Izzy Havenick: Thanks. Vice Chair Russell: Thank you, sir. Mr. Havenick: I just want to point out some of the mischaracterizations of the settlement that were discussed this morning and the discussions we're having, I guess, in RE.4, FR.2, and RE.5, I think are all the things tied to the settlement. First of all, as a resident of Edgewater, Commissioner Reyes, I think where the Magic City Casino is, is a beautiful neighborhood. Commissioner Reyes: It is a good neighborhood. Mr. Havenick: And 1 apologize for what was said earlier -- Commissioner Reyes: And I think that it goes insulting to all the good hard -- I mean hardworking residents of that area to be talked in that -- I think it was demeaning way about part of my district that I know so well, that people reside and work there and even the businesses that are on there, they're owned by hardworking Americans that are proud -- are proud to what they have achieved and proud of the residences. They're not -- might not be mansions, but they are very -- they keep -- very well, they keep their residences, and they are proud of what they have achieved. Mr. Havenick: And I can also tell you there's more fast-food restaurants by where this is going then where -- Commissioner Reyes: Absolutely. Absolutely. Mr. Havenick: -- was discussed this morning. Commissioner Reyes: I mean, you cannot compare fast-food restaurant and then trying to tie the fast-food restaurant to a -- I don't know what, you see -- Mr. Havenick: I -- that's -- Commissioner Reyes: -- second class citizens. Mr. Havenick: I apologize, as a resident of the area, that someone who represents my area would say that to you. Commissioner Reyes: That really was offensive to me. Mr. Havenick: Secondly, I'd like to point out -- Commissioner Reyes: Because I live close to them. Mr. Havenick: I'm sorry? Commissioner Reyes: I live close to that area. Mr. Havenick: And my wife will tell you I live in that area too, more than I live at home. Vice Chair Russell: Mr. Clerk, could you reset the time please, the two minutes? Mr. Havenick: I just want to point out all the mischaracterizations that were said this morning. First of all, there is no bill in Tallahassee. There's rumors of a gambling bill City of Miami Page 64 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 in Tallahassee. And 1 can tell you for 43 years that I've been on God's green earth, there have been rumors of a gambling bill in Tallahassee. There is no gambling bill in Tallahassee as of 4:45 today. So to say that there's gambling being shoved down people's throat, is a lie. There's no gambling coining to the -Omni, there's no gambling going to the Fontainebleau, there's no gambling going anywhere. Second of all, to characterize this project as a casino when for three-and-a-halfyears through the negotiation of the City Attorney, the Commissioners, and us and Mr. Braman (phonetic), the only thing going on this site is poker and jai alai. We have given up the rights to every casino game that you would find in a casino. And on top of that and in version of the settlement in front of you, we have also agreed to not be open for 24 hours a day. So to say that a 24-hour Las Vegas casino is coming to Edgewater is a flat-out lie. It is a poker room and jai alai facility. It is a small space in a big development, and anyone who says otherwise is being disingenuous. But we've worked long, we've worked hard. We can agree to disagree on the ordinance that was passed in July of 2018, but we are where we are today and we're preserving that ordinance for the future. So your ordinance, Commissioner Russell, will be in existence from then until it's, you know, whatever. So all we -- where we are now is the rights that we believed we had and again, agree to disagree, prior to the ordinance being passed, is what the City has agreed that we can have. And, you know, I don't need to keep belaboring the point I'm sure you're going to have more questions as we discuss the issue, but anyone who characterizes it as a casino -- a Las Vegas casino, major gambling, isn't being genuine. And on top of which when Mr. Althabe criticized me for saying we're the largest employer of off -duty police officers outside of the City of Miami. First of all, 1 wear that as a badge of honor. Second of all, when he then said look at what happened on South Beach, I guarantee you if the largest employer of off -duty police officers was in the area of South Beach, there would've been more officers in the neighborhood and what would have happened never would have happened. So to belittle a business for employing, protecting, not only the people who work there and the customers who go there, but the police have released the statistics on the casinos that are in the city of Miami, and in every neighborhood, the crime has dropped significantly year after year after year. So all those scare tactics, those disingenuous statements, they're just -- they're not true anymore. This isn't the 1940's where people are worried Al Capone and Meyer Lansky are coming into the neighborhood. You know who you're getting, you know what you're getting, we've been in business in the city since 1952 and we haven't changed, and we haven't had any issues. So, I'm here, I'm sure you're going to have some questions, but that's, you know, the lies and the fear -mongering just shouldn't be allowed. And that's it. Thanks. Vice Chair Russell: Thank you for your comments. Good afternoon. Laura Luder: Good afternoon. My name is Laura Luder. I'm here on behalf of 1,500 families, probably 5,000 residents that live across the future location of this gambling enterprise. 10 years ago, I had the privilege to be here, sharing a very interesting conversation with the Mayor at that time, Mr. Tomas Regalado. He described us how the yards, the new architecture, the new developments will change a whole area of Miami that was even forbidden to be visited. That was a dream. 10 years later, we live there. It is dream that came true. Today we are again, facing another 10 years conversation probably this time is about gambling and how gambling would change again, Edgewater, Midtown, and the design district. As far as we know, casinos or gambling do not offer real long-term opportunities for growth within our community. Profit for gambling will (UNINTELLIGIBLE) only trickle down to a few and our families that came to Edgewater to make a residential community and a flourishing residential community will have to face all those things that come with the gambling. And we can debate for too long about this but there's so many things that come with gambling that are unwanted that families shouldn't be exposed to. And we beg you here today that when you have to vote, for these particular projects, think of your values and think of your families, and if you have to raise your kids in a neighborhood City of Miami Page 65 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 that across the street has a gambling location, how would you feel and probably where do you move sooner? Thank you very much. Vice Chair Russell: Thank you for your comments, Laura. Is there anyone else here who would like to speak at public comment on this item? Well, rather is there anyone here who would like to speak on any of the remaining pocket items that had been introduced? We have P1.2, 3, 4, and 5 remaining. Is there anyone here who you'd like to speak in public comment on any of those? Seeing none I will close public comments Raquel Rodriguez: Mr. Chairman, this is Raquel Rodriguez, outside Counsel. I'm not sure if you wish to hear from me during the public comment period or once you go to the agenda item? Vice Chair Russell: Let's do -- Raquel, welcome. Good to see you. Ms. Rodriguez: Thank you. Vice Chair Russell: I'd like to do that with the item and I'm sure there will be questions for you, but we'll let you present the settlement from your perspective, I think would be the best way to take this up. So if there's -- let me just close public comment on all remaining items on the agenda and we will take up the item RE.4 settlement, West Flagler Associates Limited. Raquel is our third party counsel. You're very welcome, and you have the floor, there is no time limit. 1 think we -- you can just help introduce this item for the Commissioners, especially since we've not been able to have a shade meeting and it's really tough for us to negotiate with you or give you guidance without that. So this is our first real opportunity to have a thorough discussion with you on the dais, the floor is yours. Ms. Rodriguez: Thank you, Mr. Chairman. Raquel Rodriguez from the law firm of Buchanan, Ingersoll, and Rooney. We have been counsel to the City since the State Court challenge that was filed against the previously existing settlement agreement between the West Flagler Associates Limited and the City that sought to settle litigation that West Flagler filed against the City in 2019 in order to overturn the ordinance adopted by the City in that time, to change the voting requirements in order to approve any kind of gaming establishment in Transect 6. This settlement agreement is very similar, but much improved over the previous settlement agreement that the City Commission authorized a year ago. At that time, the purpose of the settlement agreement and the motivating factor of the City was to resolve the claims being brought by West Flagler challenging the ordinance on various grounds. Those grounds included constitutional challenges based on the US Constitution, impairment of contract based on the Florida Constitution, State preemption, as well as common- law estoppel invested rights. In some West Flagler claims relied on the fact that they had received zoning verification letters confirming that the entertainment establishment use that was permitted in Transect 6 included gambling. They then pursued a pari-mutuel permit for a summer highlight fronton from the State of Florida, which they obtained and it had entered into a memorandum of understanding with the developer of this anticipated project in Edgewater. Shortly after West Flagler obtained its demolition permit, the Commission took up the ordinance, creating the special -- the exception process and requiring a four -fifths approval of any gaming establishment in this transect and implemented that as part of Miami 21. Vice Chair Russell: Raquel -- Ms. Rodriguez, could you clam one thing in the timeline here because at this point is very crucial for me. So you said they had sought a demolition permit and it -- obviously wouldn't be the tenant, it would be the landowner would've sought a demolition permit; is that correct? City of Miami Page 66 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Ms. Rodriguez: Well, in the allegations in the order of dismissal in the case, it was framed as West Flagler. Vice Chair Russell: Okay. Ms. Rodriguez: But the real crooks of the West Flagler claim was the efforts that they expended in obtaining the pari-mutuel permit from the State of Florida -- Vice Chair Russell: Understood. Understood. Ms. Rodriguez: -- that was the primary crux of their claim. Vice Chair Russell: Understood. And I think -- and this is important for us to understand as a body because, you know, if we're already talking settlement, we need to first understand the strength of the initial case before we decide how ready we are to settle and for the lack of being able to go into shade meeting, I want to find out how much confidence we have that we, as a City, passed an ordinance that we believe did not take any vested right from someone who already had a vested right or an established permit for that use or that property. So, the only thing you mentioned before our ordinance was a demolition permit, correct? That they had gotten a demolition permit, and then we passed our ordinance. Ms. Rodriguez: I also mentioned that they had alleged in their federal complaint that they had expended substantial resources to obtain the summer jai alai permit from the State of Florida. Vice Chair Russell: Yes. And -- but even that, obtaining a permit, does not give them a vested right to a certificate of use or any building permitting that if they had not yet put in for that permit in the city of Miami. My -- the advice I was given at that time by both our planning and legal departments when we passed that ordinance, was that it would absolutely apply to this applicant if and when they became an applicant because their foot was not yet in the door. Yes, they had expended funds, yes, they had sought a permit at -- at the State, but as far as our Code and our process, they were not in the door yet or under the wire to be considered grandfathered, and that's why I felt very confident in that ordinance. And so I just wanted to put that timeline on the record and get an understanding that a demolition waiver does not constitute an established vested right to a gaming room in -- in the city of Miami. I mean, I'm correct there, right? Ms. Rodriguez: In general terms, however, the same points that you have made or raised by the City in its motion to dismiss in Federal Court, arguing that there were no vested rights. And the federal judge denied most of the motion to dismiss, granting only the portion of the motion that was addressed to the "as applied" constitutional challenge. They agreed that the claim wasn't right because West Flagler had not attempted to go through the four -fifths exception process. But the judge said that based on the facial allegations of the complaint, that West Flagler claims to have relied in good faith on the zoning verification letters and had expended resources towards that end. And also had alleged that the city of Miami had singled them out and the main reason that the ordinance was adopted was specifically directed at West Flagler under the case law applicable in the circuit. The judge found that if West Flagler were able to establish factually reasonable reliance on the zoning verification letters as -- or in the alternative that there was a specific animus or bad faith by the City in enacting the ordinance, they could assert a vested right and separately, an estoppel claim. Those were two separate counts of the complaint, which on the motion to dismiss stage, the judge said that he was not ready to dispose of them because they raised factual issues that had to be tried. City of Miami Page 67 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Vice Chair Russell: Thank you very much and please continue. I apologize that] interrupted you earlier. So you want to finish off the presentation on the settlement and the timeline? Ms. Rodriguez: Yes. It's not a problem and I appreciate the questions because it's -- it's obviously a very important decision for the City and it's -- it's good that we all voice whatever doubts or concerns there are. So because of that ruling on the motion to dismiss at a -- just towards the end of the discovery in the West Flagler federal litigation, that West Flagler approached the City Attorney's Office with a settlement proposal, which was negotiated and eventually placed before this Commission for consideration. And at that time, the settlement agreement called for a approval of the facility solely for purposes of summer jai alai, agreed that if West Flagler pursued a card room permit from the State, that the simple majority provisions, that pre-existed the challenged ordinance would apply, and West Flagler committed never to having slot machines on the property. In exchange at the time, West Flagler agreed that they would waive any and all claims for damages, which they could've appealed had the case gone on to final judgment, that they would waive all claims for attorney', fees, and that the parties would exchange mutual releases and that this agreement would be binding on anyone who subsequently operated the facility, but that the benefit of the settlement only could apply to an entity in which West Flagler remained as a partner, and which agreed to be bound by this agreement. After the commission vote, the mayor vetoed the resolution, and at the next scheduled City Commission meeting, on advice of the City Attorney, the City Commission decided that it did not need to hold a vote to overturn the mayor's veto. As a result, the City Manager signed the then settlement agreement. And this prompted litigation by a number of entities and individuals based in the Edgewater area. A chief among them, who was mentioned earlier before, was entities controlled by Mr. Norman Braman and one entity controlled by Mr. Jorge Perez of Related Group. That litigation proceeded for a -- several months and concluded at the beginning of this year with a ruling by the State judge agreeing with the plaintiffs that the mayor had the authority to veto the settlement resolution because the judge considered that the settlement resolution that allowed West Flagler to establish its summer jai alai facility was within the common understanding of what would -- was a land -use decision, which is among the enumerated items in the charter over which the mayor has veto power. Prior to that ruling at the judge's request, the three parties, West Flagler, the Edgewater Plaintiffs, who we normally recall -- call Cuesta Plaintiffs because that was the name of the lead plaintiff, and the city had commenced a mediation in order to see if we could find common ground to resolve all of the claims. Those initial mediation discussions were untruthful, although they came to very -- very, very close to an agreement. And right after that, when the mediation reached an impasse is when Judge Hanzman, the State Court judge, issued his summary judgment ruling. Shortly after the ruling, I reached out again to the Cuesta plaintiffs and to the West Flagler parties and inquired whether or not there was still an opportunity for us to try to find a resolution. And we began the process of seeing if we could reach a global settlement or at least renegotiate the West Flagler settlement in a way that could be sustained and not subject to further court challenge. We -- this is the third time that this item of the West Flagler settlement, has been on the City Commission's agenda. It's been deferred previously because of opposition, the first time by the Cuesta Plaintiff's, Braman counsel, and at that point, the Commission directed me to go back and continue to try to work with all parties to find common ground. Which we did just on the eve of the next scheduled hearing, which was -- would've been March, I think February 26th. And the -- at that point, we learned -- we concluded two things. One was that we were not going to be able to reach the kind of global settlement that the Cuesta plaintiffs desired, which was a -- either a referendum on the November ballot to ban all gaming, or an -- a contractual commitment to enact an ordinance to ban gaming in the City limits. However, during the process and many conversations that occurred among counsel, taking into account the strong objections and concerns of Cuesta City of Miami Page 68 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 plaintiffs to opening up gambling in Edgewater. We -- through negotiation, we obtained more concessions from West Flagler in terms of the kinds of activities and gaming that would occur at the facility. So the result of that negotiation was that number 1, they would -- the West -- West Flagler, again, you know, seeking its jai alai permit and the card room, instead of being the decision on the card room approval being deferred to the future because of all the delays of -- of a year since the last settlement agreement, West Flagler requested that the Commission agree now in conjunction with the settlement agreement, to approve a card room use under a simple majority vote as a condition of the settlement and that in the event that the State of Florida later requires a further vote from the City Commission in order to finalize a card room approval, the West Flagler parties agreed that they would have to come back to the Commission again on a simple majority vote, but that if a fixture commission denied the card room, that would have no effect on the binding nature of the settlement. So just to be clear, the Resolution 7845 that you're going to consider, subsequently if you decide to approve the settlement agreement. If that resolution passes through first and second reading, then we have a viable and -- an enforceable settlement. If that ordinance is not approved, then the settlement will not take effect. The second -- the -- the third key point of the -- Vice Chair Russell: I'm sorry. Could you -- could you reiterate that one point? Ms. Rodriguez: Yes -- Vice Chair Russell: What would cause the settlement to not take effect? Ms. Rodriguez: Yes. Approval of Ordinance 75 -- 8745, which is scheduled for first reading today should you approve the settlement agreement, is a condition of the settlement agreement. So, if that ordinance isn't approved, then the settlement agreement will not take effect. However -- Vice Chair Russell: I just -- that's the pause I need here because I have a question of legality and I don't know if that's for you as our third party counsel, or for my City Attorney, with regard to an interpretation of the Code. Are we allowed to conditionally approve an amendment to our Code, the zoning change in -- in exchange for a contract, in exchange for a settlement? Is that not the very definition of contract zoning? And Raquel, I'd like to hear your opinion, I'd like to hear my City Attorney's opinion. Ms. Rodriguez: Okay. Vice Chair Russell: Not connected to this case or settlement, simply a question about what defines contract zoning and are we allowed to amend our Code in exchange for a settlement or contract? Ms. Rodriguez: Mr. Chair, I'd like to be very clear that the City does not obligate itselfto adopt any ordinance as part of the settlement, it retains the discretion not to enact the ordinance. It's not contractually committing itself to adopt the ordinance, but the adoption of the ordinance is a condition of the settlement. And I -- and I think that that's a -- Vice Chair Russell: It's a distinction. Ms. Rodriguez: -- an important distinction. Vice Chair Russell: So if I can reiterate then. So the -- the ordinance is not being passed as a. facet of the contract but quite the opposite. The contract only takes effect for the settlement if the ordinance is passed? City of Miami Page 69 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Ms. Rodriguez: Yes, sir. And -- and if later on, the State of Florida says that the anticipatory vote approving a card room is not satisfactory under State law and they need a second vote in the future after the first jai alai match has been held, which is the condition to be able to apply for the card room. Vice Chair Russell: Yeah. Ms. Rodriguez: There is no obligation whatsoever on the future Commission vote. And if that vote fails, it has absolutely no impact on the enforceability of the settlement. Vice Chair Russell: Understood Ms. Rodriguez: The settlement would still hold even if the future vote failed. Vice Chair Russell: I just want to make absolutely sure that if we do pass a settlement and we do change our Code, it is ironclad. That no future Applicant can look back on this, make an application and say, "Well, look at their failed process there, that change to the Code is null and void, and so we get what we want now." I want to make sure that what we do stands in perpetuity and survives challenge. Ms. Rodriguez: Yeah. I don't think that this settlement agreement or the ordinance creates any rights in anyone else, it is primarily really a restriction -- a significant restriction, as we will discuss further in -- as part of the material terms of the settlement. Vice Chair Russell: Thank you. Madam City Attorney with no commenting on the case itself or the settlement itself just as an interpretation of the Code, what do you think of the definition of contract zoning with regard to passing an ordinance, amending the Code, and linking that to a settlement agreement? Ms. Mendez: So, for contract zoning to take into effect, you actually have to have a rezone, you have to zone rezoned property. The fact that uses are allowed in a particular property does not mean that you are rezoning a property. Vice Chair Russell: So contract zoning only applies when you're changing transects or -- Ms. Mendez: When you're rezoning a property, because -- Vice Chair Russell: Rezoning -- rezoning a property. Okay. So just changing our code does not, an ordinance does not. Ms. Mendez: And then the second part that you bring up and it's a very valid point. We are not changing our Code. The ordinance that you passed, that you championed is in the books, so all future properties are bound by that four -fifths ordinance. This is an uncodified ordinance that just allows this settlement. That's it. Vice Chair Russell: That -- that gives me greater comfort. Both of your interpretations of that helps me understand the relationship between the settlement and the first reading ordinance that's -- that's being proposed? Ms. Rodriguez: Yes. The first reading ordinance is to allow limited and conditional non -conforming uses on the property and to permanently enact restrictions on other gambling uses. City of Miami Page 70 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Vice Chair Russell: Got it. Is there anything else we need to know about the settlement? Ms. Rodriguez: Yes, sir. There are additional terms that are new and more favorable to the City and those that are concerned about gambling. The -- the ban on gambling previously, as I noted, was solely a commitment not to have slots in the event that State law in the future allowed pari-mutuels, which it -- which it does except there -- they -- they came too late. But if there were changes in State law that suddenly allowed them to have slots, they were giving that up forever. As a result of the -- the three party negotiations, West Flagler agreed also to forego forever the games of craps, roulette, and any video watery terminals and all other forms of gaming with one exception, which again, was part of the three party negotiations, which is if fat some point the State of Florida approves sports betting, whether online or at a professional sports venue. For example, at the Miami -- at the -- at the AAA Arena or its new name, West Flagler can apply for a sports betting permit as provided in State law. And there again, we anticipated two potential ways in which this could play out depending on how the State law is worded. If the State law were to require local approval as it does with a card room permit, then if West Flagler wants to add sports gaming, it must comply with Miami 21 and go through the exception process and obtain a four -fifths vote of the Commission. If no local vote is required by State law and the State says everyone holding a pari-mutuel permit is allowed to engage or you know offer sports betting then under the agreement, West Flagler would have that as of right. Vice Chair Russell: Thank you. What else? Ms. Rodriguez: Then there are also specifically negotiated as before, size limits and capacity limits for both the jai alai facility and the card room. As before, the -- there can be no more than 100,000 square feet of exhibition space and capacity for no more than 4,000 patrons, and significant limits on off-street parking, as well as a requirement that the facility never reach the minimum standards of a regional activity complex. Further, the specific locations of the jai alai facility are now more specifically and precisely defined, it does not cover the whole of the complex that was the subject of the initial pari-mutuel permit application of West Flagler. But it's limited to approximately four lots that have been specifically defined in the step -- in the settlement agreement, and in the proposed ordinance. With respect to the card room, there -- the card room must fit within the footprint of the summer jai alai facility. It may not exceed 20,000 square feet, nor a capacity of more than 500 people or less, subject to the fire code, and it may not operate for more than 16 hours a day. If may? Vice Chair Russell: Yes. Ms. Rodriguez: Another new term of the settlement agreement is that the landowner must sign a consent accepting all of the restrictions and conditions being imposed by the settlement agreement and the ordinance that was not a feature of the prior agreement. And the gaming prohibition, if -- if West Flagler somehow went away tomorrow and somebody wanted to come in and try to enact gaining, the gaming prohibition is now permanent as to that location. Of course, the future commissions can change their mind, but nobody else can come in and try to claim some right of use unless it's an entity in which West Flagler remains as a partner and the entity specifically agrees to be subject to the terms of the settlement. As before, we have mutual releases. Each party bears its own attorney's fees. The City, under no circumstances, admits any liability. And the entire project, as well as the West Flagler portion of the project, must still comply with all other aspects of Miami 21, and go through the normal permitting process. And all other locations that are owned by West Flagler, such as Magic City Casino, which was referenced earlier today, should City of Miami Page 71 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 they in the future want to add other forms of gaming West Flagler has agreed in writing that they would be -- still he subject to the four -fifths exception process. Those are the terms of settlement, Mr. Chairman and Commission -- Members of the Commission. Vice Chair Russell: Thank you very much. Now, the difficult thing here is that we have never been able to meet in shade as your client -- in unison, and your client is not one Commissioner or another; it's the body. And so this body's never been able to work this out together to see which direction we should give you. So you've done a very noble effort of settling because that's -- this is a lot of work of back -and -forth amongst multiple parties. And 1-- in my talks with you, 1 understand your goal here is not necessarily to run from a case, but rather to find the most peaceful way to resolve the situation. But in this case, we're policymakers and 1 have some issue here. And I really would like to share this with my fellow Commissioners because if we were in shade, I would have made the case from the start to fight fin- our ordinance, to fight Jroour City Code. We worked very hard to set our Code. Why should we fold the second someone wants to challenge it instead of follow it? At the end of the day, this is an issue of math, or if -- to put it into gambling terms, someone's studying the odds. You know, we made an ordinance with a four -fifths bar, a four -fifths bar to bring a gaming use into a neighborhood. It doesn't mean you can't have it, it just means there's a higher bar. And I -- I use that number specifically because any given neighborhood sits in one district and that one Commissioner answers to those residents who vote for them. And by making it for a four -fifths, it makes it a little harder for that District Commissioner to get outvoted by those who maybe don't represent by vote or aren't held accountable by the residents of that one neighborhood, giving those neighbors a little more strength of a higher bar. Furthermore, it caused a public process which would force that applicant seeking the gaming institution to negotiate with the neighborhood. And all these things that you're working out might have ended up coming into that negotiation with the neighborhood on the way to that four -fifths to approve the exception for their use. However, if they just sue us instead of going through the appropriate process, they no longer need four votes, they just need three votes. And that increases their odds in this game. And so, I don't want to set a precedent that we have a Code that we want to defend and if someone doesn't like it, they sue us, and that lowers the bar. Because they even have yet to apply for that process. We have offered that, and they promised that they would. To my understanding from our departments, they have not applied for that exception. We created a path for them. We did not bar them from this. And so it actually offends me that we're dealing with a settlement at this point instead of defending our Code. And the only reason I would accept a settlement is if my counsel told me we have a very weak case, that we actually did take away a vested right. I -- and I have not heard that yet. I have not heard that we cannot win this case and that we should not defend our Code, because I have been hearing from my residents like crazy. They are proud of this piece of legislation, and it is offensive that we would settle for the greater good of another part of the City or beyond and amending our Code with regard to gambling. But this neighborhood would not have the rights afforded to them under this ordinance, the original ordinance, to have a public hearing, to have a four - fifths vote. All of that's being taken away from them in this settlement for that neighborhood. And that's why that's -- that neighborhood has become so vocal and that's the neighborhood that I represent. I also represent the business owners who want to work in this City. I do not have a moral opposition to gaining. I've said this almost at every hearing, and if you were to work with the neighborhood and they were to be in support of what you're trying to do, you'd have another vote out of me. So that process exists. You're not following the process. There's a lawsuit. I don't know why we can't meet in shade. Mr. Havenick: Can I make one point, Mr. -- City of Miami Page 72 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Vice Chair Russell: I absolutely will recognize you in just a moment, Mr. Havenick, but' just want to make my case to my fellow Commissioners for my position and my hope here for today, because I really believe that we should deny the settlement, and what we do beyond that I'd also like to discuss. Because the issue of where the State may or may not go on gaining is something we should consider. If the portability of licenses is approved, we could be looking at a much larger intent of gaming than you, our current -- our current gaining institution, the city of Miami, whom we respect. We could be dealing with much larger players coming into the Genting (phonetic) property and elsewhere, and I think we need to set the tone for what we want in our City with regard to gaming. And that's why I was actually not in favor of withdrawing the RE.5 which was a resolution directing the Administration to come back with a complete moratorium on gaming. This whole settlement concept has taken me to that. I'm now in favor of RE.5. I maybe wasn't before, but I really believe we need to put our foot down if we believe that gaming does not have a place in the city of Miami beyond what is here already, and that no matter what the State changes, we need to shore ourselves up against preemption by getting our foot in the door and grandfathering our ordinances, I would be in favor of RE.5. Now, RE.5 isn't the actual ordinance; it's simply directing the management to come back with an ordinance that we can consider. And if it's going to be completely preempted or subject to challenge, I wouldn't vote for it. But my opinion here is that we should not settle and that we should have our eyes wide open with regard to gaining at the state level and how it can affect us here locally. So that's pretty much my piece on this issue. Rocky, I do very much appreciate the work you're doing because I see that you are bringing folks closer to two sides of a table. I just don't know if we need to. I really believe we have a strong case and that we should defend our ordinance, and beyond that,' do not think our financial exposure of losing is very great at all. I don't believe that we are liable for damages. I believe we have attorneys' costs and, if anything, they should be coming after us for the costs they incurred for trying to obtain a permit if they feel that our zoning verification letter gave them the assurance they should do so. But they do not have a vested right to a permit in the city of Miami. That's my opinion. I could be wrong, and a judge would decide, but from my -- from the interpretations, from our Planning Department and my Legal Department, when we passed that ordinance, it does apply to them, and I think we should take it a little further in the court. And if we feel weakness, if we feel we're at risk and there's a very high potential burden of exposure of financial loss, then, yes, let's talk about settlement then. But I feel like we're just talking about settlement right out the gate, and that means we're not defending our Code. So that's my position. I welcome your comments, Mr. Havenick. I'm sure everyone wants to hear from you, and they probably have opinions that may differ from mine. So, I think that's what we're here for. This is our shade meeting in the sunshine. Mr. Havenick, you're recognized. Mr. Havenick: First, (UNINTELLIGIBLE) Commissioner, I resent that you look at me and say business owner in the district. I was a resident of the District when you knocked on my door and asked for my vote at Halloween in Bay Point. We've discussed that ad nauseum. Before you were elected, I lived in the district prior to Commissioner Sarnoff being the commissioner of that district. So, I resent that you don't treat me like a resident. That's a little offensive because I am a resident of the district. Vice Chair Russell: I didn't mean to imply that you're not a resident. I was actually giving credibility to your business as a viable business in the city of Miami that we should respect. Mr. Havenick: So -- Vice Chair Russell: Sorry, yes, you are a resident as well. City of Miami Page 73 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Mr. Havenick: And 1 also know that you have gotten a ton of -- from the BNA (Biscayne Neighborhood Association), a ton of -- their group has written the negative letters. You have neglected to acknowledge the positive letters that have come in. And being a resident of the district, I could tell you, it's not all negative. There are a ton of people who live in the neighborhood who continually say, `I can't believe you're not open yet, and why is this still going on? " So, to just to highlight the negative is not fair. Secondly, I reached out to your office the Friday after the Commission meeting where you chose to defer it before Commissioner Watson's -- got ill, to ask for the path on how to come and have my four -fifths vote. It's been -- two months I still haven't gotten a call back. I -- you asked me to reach out, I reached out. So, it's a little unfair to say that there was a path if you haven't called me back to tell me what the path is. Because the ordinance -- the one problem in Miami 21 is there's an exception process for a building, but there's not an exception process fbr a use. And that's what 1 was calling you to discuss. And you never called me back to discuss that. So, it really wasn't a path created because you and I never had the conversation. So, it's a little unfair to say we didn't do it. I picked up the phone and I called you exactly like I said I would at 9:05 the Friday morning after because I know, you know, you can't call before 9:00. So, it's not fair to say I didn't make the effort. I made the effort. Vice Chair Russell: Mr. Havenick? Mr. Havenick: Yes, sir. Vice Chair Russell: 1 am not the department to which you apply. Mr. Ihekwaba -- Mr. Havenick: No, but -- Vice Chair Russell: -- did we not prepare a meeting for Mr. Havenick's group to actually apply for the process for the exception that they did not show up to? Nzeribe Ihekwaba: I believe we did. Vice Chair Russell: It's not my office that you apply to. I'm happy to give advice, but you can't say I'm the gatekeeper to your application. Mr. Havenick: That's from that thing. You were going to coach me through. You would tell me how to do it. You would give me the knowledge. Commissioner Diaz de la Portilla: Mr. Chairman, is this a one-to-one debate here or one-on-one debate or is this -- Vice Chair Russell: Everyone on this dais is very, very welcome to opine. I've given my opinion. Mr. Havenick would like to retort, and I will open it up absolutely. Commissioner Carollo: Can I say a word? Commissioner Diaz de la Portilla: Me too, whenever you have the chance. Commissioner Carollo: I don't know. I thought there had been a settlement. Did I miss something when I went to the restroom? Commissioner Diaz de la Portilla: That's the point. That's the point. Commissioner Carollo: I thought there had been a settlement. What happened here? Vice Chair Russell: Okay. City of Miami Page 74 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Diaz de la Portilla: That's my point. Vice Chair Russell: So I will sum up the -- Commissioner Diaz de la Portilla: If you don't like the settlement, Mr. Chairman,, just say so, and -- but it's a settlement. Vice Chair Russell: But why are we at settlement? Commissioner Diaz de la Portilla: Well, I don't know. Let's vote on it. Let's vote on it. Let's vote on it. Vice Chair Russell: None of us -- we would just -- this body never directed our counsel to go get a settlement. And my case is that we -- Commissioner Diaz de la Portilla: That's not true. That's not true. That is not true. Scott Savin: Commissioner Russell, you -- Commissioner Diaz de la Portilla: That is not true. Mr. Savin: You specifically -- Commissioner Diaz de la Portilla: That is not -- Mr. Savin: -- the Commissioners directed us -- Commissioner Diaz de la Portilla: Yes. Mr. Savin: -- to work with Mr. Braman and work with the City and come back here with the settlement. Commissioner Diaz de la Portilla: Hold on. Mr. Savin: Which we did. Commissioner Diaz de la Portilla: Yes, we did. Commissioner Carollo: At least that's what I understood that was going on. Commissioner Diaz de la Portilla: That was my understanding, too. If you don't like the settlement, Mr. Chair, then you don't like the settlement. Vote against it. But that we directed them, clearly, because I've been here during the whole debate. We all have been. But there was a direction, a clear direction, to reach a settlement. And they're coming back with that. You don't like it, vote against it. Commissioner Carollo: Izzy, you're in favor of the settlement? Mr. Havenick: I mean, yes, sir, I am in favor of the settlement. Commissioner Carollo: Okay. Now, Raquel, is Mr. Braman in favor of the settlement? Ms. Rodriguez: Yes, Mr. Commissioner. He sent a letter to the Commission prior to the March 11 th meeting saying that he was satisfied with the terms. And I have kept them abreast of all of the provisions that have been added to the settlement and to the proposed ordinance, and their -- his counsel expressed satisfaction with everything that we had done. City of Miami Page 75 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Diaz de la Portilla: That's why it's called the settlement, right? Commissioner Carollo: If everybody is dressing up as Barney, why do you want to dress up as Billy? Commissioner Diaz de la Portilla: Yeah. Yeah. That's why it's called a settlement. A settlement means an agreement. Vice Chair Russell: Because we have a Code that we should defend. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: We should not be settling in this situation -- Commissioner Reyes: Okay. Listen. Vice Chair Russell: -- unless we violated our own Code, and I don't think we did. Commissioner Diaz de la Portilla: I move that we approve the settlement. Vice Chair Russell: There's been a motion. Is there a second? Commissioner Reyes: I second. Vice Chair Russell: Seconded by Commissioner Reyes. Commissioner Reyes: And then let's vote. And then whoever is in favor, vote yes, and who isn't -- is against, vote no. But we have been going back and forth with this, back and forth. We even -- we are -- we order -- because we didn't have to request it -- we ordered that Mr. Havenick to go and sit down with Mr. Braman because he was the main objector, and they did. They came back to us, they went back and forth. The last time we talked about it all the time and all of this. We cannot keep on postponing this. Either we vote against, or we vote in favor. That's it. Vice Chair Russell: Alright. Commissioner Carollo: Commissioner Watson, have you opined in this, or -- Commissioner Watson: Well, I mean, other than -- uh oh, sorry. Other than the fact that we got a confusing sort of memo from the attorney, I think where we are now is that if you're for the settlement, then you got to be for the ban. Vice Chair Russell: Got to be for the what? Commissioner Watson: For the ban. Well, that's not -- you were not here, so that's not accurate. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Commissioner Watson: Yeah, but -- but the condition of the settlement, and explain it ifI'm wrong, the condition of the settlement is that without the ban then the settlement is not effective, from what I -- from what was explained. So, tell us again, please. Ms. Rodriguez: Yes. There's two different aspects. The ban, which is RE.5, that was a language that had been worked out with the Braman plaintiffs previously that they no longer are insisting on, by the way. They are relying on the good faith of the City to City of Miami Page 76 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 continue to move forward but it's not a condition. The -- a complete ban on gaming in the City is not a condition of the settlement. Commissioner Reyes: That's right. Ms. Rodriguez: The condition of the settlement is the ordinance that will be on first reading today, FR.2, which permanently bans all other forms of gaming on the property where West Flagler is going to have -- it would like to have its summer jai alai facility, other than the jai alai, the card room, and potentially sports betting. But everything else at that location in Edgewater is off the table and permanently banned if the ordinance that implements the settlement agreement is adopted. Commissioner Watson: So I -- so let me restate again: We approved this settlement. They're allowed to do card table and summer jai alai, right? Commissioner Reves: Yes. Commissioner Watson: Right? Ms. Rodriguez: Yes, sir. And sports gaming, if ever it comes. Commissioner Watson: Right. And then the ban extends, not allowing anything else. (UNINTELLIGIBLE) -- Ms. Rodriguez: The permanent restriction on this property would not allow anything else. Commissioner Watson: Right. Ms. Rodriguez: If you adopt a citywide ban later, this would be grandfathered in as with other existing uses. Commissioner Watson: And then you're saying then the other side has accepted that the ban is not conditioned with the settlement? Ms. Rodriguez: Yes, sir. Commissioner Reves: Mr. Chair? Vice Chair Russell: Yes. You're recognized. Commissioner Reyes: May I clarify this? Vice Chair Russell: Yes. Commissioner Reyes: Commissioner Watson, what we are voting is on allowing the card game, jai alai and potential sports betting. The ban is a different thing that -- it was requested, but it is not any more conditioning, the settlement. So we can vote for the settlement, and we can ignore the ban because I'm not in favor of the ban, okay? Vice Chair Russell: I'm sorry. What about the ban? Commissioner Reyes: I am not in favor of the ban, and I don't -- I'm not in favor of anybody. Anybody. Any group or anything to say that, "You have to do this, City." You see, in order for me to accept what you are doing, you see, I think that we are the ones that place the conditions because we are the legislative body. And I'm glad that it's not a condition anymore. You see, the condition -- the ban is within that property City of Miami Page 77 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 that they cannot have any other type of -- of gaming but the one that being specified. Am I right, Rocky? Ms. Rodriguez: Yes, sir. Commissioner Reyes: Okay. And that's what we're voting on, okay? So I think we have pushed -- I mean, we have thrown this hack and forth. It might as call the roll, man. Everybody here has heard this 100 times, call the roll. Vice Chair Russell: Alright. So and just for the record, I've received a 183 e-mails on this in the last couple weeks and the vast, vast majority of it, almost every single one, is against. And these are my residents. These are the ones that vote for me, and I was trying to honor the ordinance. I just think we're caving a little too soon on a case that we haven't really fought. Commissioner Reyes: Okay. Vice Chair Russell: And so we should defend our ordinances. But I can clearly count, and so we will call the roll, then. So there is a motion and a second to approve the settlement RE.3. And Mr. Min, is there any particular order -- Mr. Hannon: Sorry, Chair. RE.4. Vice Chair Russell: Thank you. RE.4. The -- the FR item, does that need to be passed in conjunction with, before, after? Does it matter? Mr. Min: As long as it passes together at -- they both pass today. Vice Chair Russell: Alright. Let's pass RE.4 if the votes are there. There's a motion. There's a second. Is there any further discussion on the dais? Commissioner Reyes: No, sir. Vice Chair Russell: Hearing none, all in favor say, "aye." The Commissioner (Collectively): Aye. Vice Chair Russell: Any opposed? Count the Chair as no. Motion passes 4/1. Commissioner Watson: I was aye. Vice Chair Russell: You were a yes? Commissioner Watson: Right. Vice Chair Russell: Correct. Commissioner Watson: Yes. Vice Chair Russell: 4-1. Motion passes. City of Miami Page 78 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 RE.5 8705 Outside Counsel 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, TO EFFECTUATE A BAN ON GAMBLING, SUBJECT TO CERTAIN EXCEPTIONS. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item RE.5 was continued to the April 22, 2021, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number RE.5, please see "Public Comments for allltem(s)." Vice Chair Russell: Is there a motion on RE.5, direction to the City Manager to implement a ban on gambling? Is there a motion on RE.5? And this would be -- Commissioner Carollo: I would respectfully request that we defer RE.5. I would like to have some further discussions on this, so -- Commissioner Reyes: I request that we withdraw, because I -- as I stated before, I am against anybody who pulls e-mails on -- on dictating what we have to do it, we have to have a ban on it. Can you just think for a minute, if a temperance movement comes along, and they're totally against liquor and they said, "Okay, we want to pass a ban that you're not going to open no more bars in Miami or you're going to close the bars." You see, that's not the way to do it. That's somebody because it has power or whatever it is. I mean, that will impose a legislation that is going to affect the whole city, you see? I mean that if we want to import the -- I mean, to adopt any type of a regulation something, let the voters, but not like -- Vice Chair Russell: So, Commissioner, ifI could give you a counterpoint? What about someone else telling us what we can or cannot do, and that gaming is forced upon us without our ability to -- Commissioner Reyes: I don't think that this is the case and that's why I'm not in favor of this. Vice Chair Russell: I'm with Commissioner Carollo that maybe some further research is needed. Commissioner Reyes: Okay, let's -- Vice Chair Russell: There's a motion on the floor -- Commissioner Reyes: Igo as far as -- listen, I don't want to start an argument with this. Vice Chair Russell: No, not at all. City of Miami Page 79 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Reyes: Let's defer that and their -- and my position is not going to change. Commissioner Diaz de la Portilla: I agree with you. Commissioner Reyes: My position -- Vice Chair Russell: (UNINTELLIGIBLE) by Commissioner Reyes. Commissioner Reyes: My position is not going to change. Vice Chair Russell: No. Commissioner Reyes: And it's not because it is gaining or --I don't gamble. You see, I don't gamble, and it is -- I think it is hypocritical to try to ban gambling in Miami when we have lottery which is the one that affects the poor people the most. If I were going to ban some gambling, I will ban lottery, which I have been a total -- besides, I mean, total not -- it have been a total -- how do -- how my -- Commissioner Carollo: When is the second reading in this ordinance coming back? Vice Chair Russell: So -- oh, the FR.2? Mr. Min: April 8th. Vice Chair Russell: April 8th. Commissioner Carollo: April 8th. Okay. So I make a resolution that we bring back RE.5 for the second meeting of April -- Vice Chair Russell: There's a motion, seconded by the Chair. Commissioner Carollo: -- this way Izzy can come back a couple of times to come and see us. Commissioner Watson: Second. Vice Chair Russell: You're saying April 8th, or the following one? Commissioner Carollo: The following one. Vice Chair Russell: Okay. That would be April 22nd. Commissioner Carollo: So now he gets to come back twice. Vice Chair Russell: So there's a motion and a second to defer RE.5 to April 22nd. All in favor, say "aye. " The Commissioner (Collectively): Aye Vice Chair Russell: Any opposed? Motion passes. Thank you very much. END OF RESOLUTIONS City of Miami Page 80 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 SR - SECOND READING ORDINANCES City, of Miami Page 81 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 SR.1 ORDINANCE Second Reading 7338 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "FLOOD DAMAGE PREVENTION;" MORE PARTICULARLY, BY AMENDING SECTIONS 20-1, TITLED "DEFINITIONS," SECTION 20-3, TITLED "DEVELOPMENT IN EITHER SPECIAL FLOOD HAZARD AREAS, OR NONSPECIAL FLOOD HAZARD AREAS," AND SECTION 20- 4, TITLED "DEVELOPMENT WITHIN SPECIAL FLOOD HAZARD AREAS", TO CODIFY THE NORTH AMERICAN VERTICAL DATUM OF 1988 ("NAVD 88") AS THE APPLICABLE VERTICAL DATUM FOR THE PURPOSE OF ADMINISTERING THE CITY OF MIAMI'S ("CITY") FLOOD DAMAGE PREVENTION REGULATIONS; FURTHER AMENDING CHAPTER 29 OF THE CITY CODE, TITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS;" MORE PARTICULARLY, BY AMENDING SECTION 29-81, TITLED "DEFINITIONS," SECTION 29-82, TITLED "PURPOSE OF ARTICLE," SECTION 29-83, TITLED "PERMITS FOR WATERFRONT IMPROVEMENTS —REQUIRED," SECTION 29-84, TITLED "SAME —APPLICATION", SECTION 29- 89, TITLED "DESIGN," SECTION 29-91, TITLED "CONSTRUCTION," SECTION 29-92, TITLED "MATERIALS," SECTION 29-93, TITLED "REVIEW OF PLANS; DUTY TO INSPECT," SECTION 29-94, TITLED "PROCEDURE FOR INSPECTIONS," AND SECTION 29-95, TITLED "MAINTENANCE," TO ESTABLISH NEW STANDARDS FOR THE CONSTRUCTION, RECONSTRUCTION, AND REPAIR OF SEAWALLS AND BULKHEADS; ESTABLISHING A NEW MINIMUM HEIGHT OF SIX FEET (6') NAVD 88 FOR NEW AND RECONSTRUCTED SEAWALLS AND BULKHEADS CITYWIDE EXCEPT FOR THOSE PROPERTIES FRONTING THE MIAMI RIVER AND ITS TRIBUTARIES; ESTABLISHING A NEW MINIMUM HEIGHT OF FOUR FEET (4') NAVD 88 FOR NEW AND RECONSTRUCTED SEAWALLS AND BULKHEADS FOR THOSE PROPERTIES FRONTING THE MIAMI RIVER AND ITS TRIBUTARIES; PROVIDING FOR A VARIANCE PROCEDURE FOR SUCH ELEVATION REQUIREMENT; PROVIDING FOR A DEFINITION AND PERMITTING CONSTRUCTION OF LIVING SHORELINES; IMPOSING A DUTY ON PRIVATE PROPERTY OWNERS TO MAINTAIN SEAWALLS AND BULKHEADS IN GOOD REPAIR AND TO PREVENT TIDAL WATERS FROM FLOWING OVER OR THROUGH SUBSTANDARD OR DAMAGED SEAWALLS OR BULKHEADS TO ADJACENT PROPERTIES AND PUBLIC RIGHTS -OF -WAY; PROVIDING FOR ENHANCED PENALTIES FOR PROPERTY OWNERS THAT FAIL TO DO THE SAME; PROVIDING FOR A WAIVER OF FEES FOR RECONSTRUCTION OF SUBSTANDARD OR DAMAGED SEAWALLS UPON FURNISHING OF PROOF OF FINANCIAL HARDSHIP; PROVIDING FOR COMPLETE MITIGATION OF CODE COMPLIANCE FINES FOR PROPERTY OWNERS WITH SUBSTANDARD OR DAMAGED SEAWALLS OR BULKHEADS FOUND TO BE IN VIOLATION THAT UNDERTAKE STEPS TO CORRECT THOSE VIOLATIONS WITHIN THE TIMEFRAME FOUND HEREIN; CREATING A NEW SUBSTANTIAL REPAIR THRESHOLD THAT PROVIDES FOR SEAWALLS AND BULKHEADS TO BE RECONSTRUCTED TO PRESENT City of Miami Page 82 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 SPECIFICATIONS PROMULGATED BY THE DEPARTMENT OF RESILIENCE AND PUBLIC WORKS UNDER CERTAIN QUALIFYING CIRCUMSTANCES; MODIFYING THE MINIMUM REQUIREMENTS AND INFORMATION REQUIRED FOR PERMITS IN CONNECTION WITH THE CONSTRUCTION, REPAIR, AND RECONSTRUCTION OF SEAWALLS AND BULKHEADS; AND PROVIDING FOR THE COMPLETE MITIGATION OF FINES FOR VIOLATIONS RELATED TO THE DISREPAIR OF SUCH IMPROVEMENTS UPON ADHERENCE TO CERTAIN PRESCRIBED TIMEFRAMES; FURTHER AMENDING CHAPTER 54/SECTION 54-46 OF THE CITY CODE, TITLED "STREETS AND SIDEWALKS/AGREEMENT AND BOND AS TO PAVING AND OTHER IMPROVEMENTS BY PERSONS SUBMITTING PLATS, REPLATS, ETC., TO COMMISSION," TO ESTABLISH A NEW MINIMUM HEIGHT FOR NEW AND RECONSTRUCTED SEAWALLS AND BULKHEADS FOR APPLICABLE PROPERTIES SUBMITTED TO THE CITY'S EXISTING PLATTING PROCESS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13980 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For additional minutes referencing Item Number SR.1, please see "Public Comments for all Item(s)." Vice Chair Russell.• Now we're in the second reading amendments. Mr. City Attorney, if you could please read these all into the record SR.1 through SR.5. Barnaby Min (Deputy City Attorney): Yes sir, SR.1. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr. Min: SR.2. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr. Min: SR.3. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr. Min: SR.4. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr. Min: SR.5. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr. Min: That's SRs. City of Miami Page 83 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Vice Chair Russell: 1 f you wouldn't mind reading PZs 1, 2, 3 as well, please. Commissioner Diaz de la Portilla: I think we have two votes over there in Commission District 4, or three votes. Vice Chair Russell: Stacking the votes. Commissioner Diaz de la Portilla: Do you want to introduce them, Commissioner? Commissioner Reyes: 1 got -- Commissioner Diaz de la Portilla: You have to introduce them, right? Commissioner Reyes: -- some reinforcement. Commissioner Diaz de la Portilla: You have to introduce them, please. Introduce them. Commissioner Reyes: Oh yes. These are my two grandsons I have here, Matthew and Daniel. They just came to visit, they (Comments made in Spanish not translated). Commissioner Diaz de la Portilla: Welcome to our circus. They are gorgeous, Commissioner. Vice Chair Russell: Congratulations. Commissioner Diaz de la Portilla: Congratulations. Drop -dead gorgeous. Vice Chair Russell: PZ.1, 2, and 3. Mr. Min: Would you like the FRs too or just the PZs? Vice Chair Russell: I'm sorry? Mr. Min: Would you like -- Vice Chair Russell: No, no, just the ones with regard to that subject, PZ.1, 2, and 3 are attached to SR 5. Mr. Min: Yes, sir. PZ I. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr. Min: PZ.2. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr. Min: PZ.3. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr. Min: And I believe one of the PZ items has to be amended. Vice Chair Russell: PZ.3 needs an amendment to change the words. The Wynwood Norte Parking Trust Fund to the Applicable Parking Trust Fund in order for any changes that may happen later to SR.6. So if the mover and seconder, if that happens, accept the amendment that'll be noted. City of Miami Page 84 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Reyes: PZ.6? Vice Chair Russell: It's PZ.3. PZ.6, I'm sorry, we're -- so the item I'm looking for -- items I am looking for a motion on or the remaining SR agenda, which is SR.1, 2, 3, 4, and 5. So that would be the Wynwood Norte Arts, as well as the Dinner Key North mooring field, zoning and planning fees, and the seawall ordinance, which is -- has been amended. And then also PZ. 1, 2, and 3, which also relate to Wynwood Norte. Is there a motion? Commissioner Watson: So move. Vice Chair Russell: Moved by Commissioner Reyes, second by Commissioner Watson. Is there any further discussion? Todd B. Hannon (City Clerk): Chair. Vice Chair Russell: Yes, sir. Mr. Hannon: I believe SR.2 needs to be amended. Vice Chair Russell: SR? Mr. Hannon: 2. Vice Chair Russell: 2, zoning and planning fees. What's the amendment, Mr. Clerk? Mr. Hannon: I have a memo here dated March 22nd, 2021. Agenda is being substituted -- this agenda item is being substituted with the attached substantive change is to section 62-648 subsection E, which clarifies that the NRD-2 trust fund shall be allocated towards existing and new housing on an annual basis. Vice Chair Russell: Thank you very much. Do the mover and seconder accept that amendment? Commissioner Reyes: Yes. Vice Chair Russell: Yes. Alright. And on SR.1, does this legislation capture all of the negotiations and changes with the Miami River Commission? Commissioner Diaz de la Portilla: That -- Alan Dodd: Commissioner, Alan Dodd, director for Resilience and Public Works. Yes, it does, and we have letters from them confirming that they will be -- Vice Chair Russell: Mr. Bibeau called in this morning as well. Thank you. Commissioner? Commissioner Diaz de la Portilla: And that's four feet NAVD (North American Vertical Datum), right? Four feet of the Miami River. Mr. Dodd: Four feet NAVD. Yes, Commissioner. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: Thank you. This is a big accomplishment. Thank you very much. Alright. Is there any further discussion? Hearing none, all in favor, say "aye." City of Miami Page 85 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 The Commissioner (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on S -- the remaining SR agenda, SR, 1, 2, 3, 4, and 5, as well as PZ.1, 2, and 3. Congratulations to Wvnwood Norte as well. Thank you very much. SR.2 ORDINANCE Second Reading 7969 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Planning AS AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING"; MORE PARTICULARLY BY AMENDING ARTICLE II, SECTION 62- 12 OF THE CITY CODE, TITLED "COMPREHENSIVE PLANNING/FEE FOR INSPECTIONS AND EXAMINATIONS OF PLANS FOR COMPLIANCE WITH THE PROVISIONS OF THE CITY ZONING ORDINANCE AND MISCELLANEOUS ZONING FEES", AND ARTICLE VI, SECTION 62-22 OF THE CITY CODE, TITLED "ZONING AND PLANNING FEES/SCHEDULE OF FEES", TO PROVIDE A COMPREHENSIVE UPDATE TO THE PLANNING AND ZONING FEES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13981 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number SR.2, please see Item Number SR.1. City of Miami Page 86 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 SR.3 ORDINANCE Second Reading 8073 Department of Real Estate and Asset Management AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 50/ARTICLE II/DIVISION I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "SHIPS, VESSELS, AND WATERWAYS/OPERATION OF VESSELS/GENERALLY", BY ADDING A NEW SECTION 50-43, TITLED "OPERATION OF VESSELS, BOATS, AND OTHER WATERCRAFT IN MARKED MOTORIZED VESSEL EXCLUSION ZONES IN THE DINNER KEY NORTH MOORING FIELD AREA", TO ESTABLISH A VESSEL EXCLUSION ZONE IN THE WATERS OF THE DINNER KEY NORTH MOORING FIELD TO PROVIDE SAFE AREAS FOR USE BY VESSELS UNDER SAIL OR OAR OR SHALLOW DRAFT VESSELS OPERATING ELECTRIC ENGINES ONLY; AUTHORIZING THE CITY MANAGER TO UNDERTAKE AND TO EXECUTE THE NECESSARY APPLICATIONS WITH THE VARIOUS AGENCIES OF THE UNITED STATES OF AMERICA, THE STATE OF FLORIDA, AND MIAMI-DADE COUNTY TO ESTABLISH THE PROPOSED RESTRICTED AREA; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ENACTMENT NUMBER: 13982 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number SR.3, please see Item Number SR.1. City of Miami Page 87 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 SR.4 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. ENACTMENT NUMBER: 13983 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number SR.4, please see "Public Comments for all Item(s)" and Item Number SR.1. SR.5 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. ENACTMENT NUMBER: 13984 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number SR.5, please see "Public Comments for all Item(s)" and Item Number SR.1. City of Miami Page 88 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 SR.6 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: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Note for the Record: Item SR.6 was continued to the April 22, 2021, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number SR.6, please see "Public Comments for all Item(s)" and "Order of the Day." Vice Chair Russell: Could we -- could we take it up for at least for discussion when the item comes up so I understand where you're coming from. Commissioner Reyes: Well, I'll tell you right now. I'll tell you right now. Vice Chair Russell: Well. Commissioner Reyes: Well, you see, it really -- it really -- I have a huge question. You know we are offering benefits to the-- which I don't agree on increasing parking spaces, but we're allowed to decrease the parking space and contribute to the -- to the trust fund, and they -- the amount is $15,000. You see when it is going to cost, to build a parking space, two times that, it's going to cost, $30,000. How in the hell is that a special offer that we have? I'm giving you two for one. Do you understand what I'm saying? Vice Chair Russell: Yes. Commissioner Watson: No. City of Miami Page 89 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Reyes: If its going to cost the City -- Commissioner Watson: I guess I don't understand and I and I actually -- they've been working on this for a couple of years and had some reservations I've tried to at least answer for myself those questions. The fee was raised and of course, apparently, there 's -- you know, we have the former parking guru here, so there's various amounts for parking all over the City. So I mean, even last -- last meeting, before I was out, it was raised because there's an incentive and then there is a point in which you know, there's a disincentive. So clearly, I guess it was decided 15 and maybe it could be raised more, not sure, but I think that it's fair to -- to break it out if you want to break it out. But it's, you know, it wasn't -- it was not necessarily done frivolously, the amount and so I just wanted to make sure that was done. The other part of the parking, 1 asked for a language change. Not so sure where this goes, but there has been a lot of engagement. The community actually wanted Rosie to come in here. Rosie is our security guard outside, she lives in the area, and so I went around with her and others because I wanted to find out what you all think, not what the pushers think, not what our planners think, but what the Rosies of the neighborhood who 's been there, what do they think about what they think this may mean for them. One of the things -- and the only thing actually that I asked for was some sort of capital aggregation so that there is no completely used projects that affect them. But equally as well, since we're always looking lbr sources, I wanted to make sure that people who are in the neighborhood participate in the transformation of the neighborhood. Commissioner Reyes: You're absolutely right. Commissioner Watson: Our neighborhoods are going to be transformed. The Lord ain't making no more land. And so our goal should be to ensure that our people who've been here, as the tax runners come in, they can now participate in the transformation of their community as opposed to being driven out. And since we always don't have resources to help with that, I thought it made appropriate for not only the creation of a unit, but if you live in a facility and you want to upgrade your unit, then you should be able to do that with an option for staying and of course, I can't make you sell or not sell or what have you. If you want to stay -- my mother couldn't be dragged out of her house, right. If you want to stay and you have downward trending income, you can't go to the bank. But these guys are coming in to upgrade the neighborhood and clearly you should be able to avail yourself to an opportunity to do so without having to worry about going to a bank or more debt or what have you. So that's why that language has now been put in. And I'm very comfortable that people who want to participate in a transformation of that community will in fact be able to do that. So we can argue about the issue of the cost. Without -- Commissioner Reyes: That's -- that's my only issue. Commissioner Watson: I didn't want to go too high. And I had asked, like I said, I had asked the Manager, but, that -- that, you know, I don't know if it's 15 or 17.5. I -- I settled on 15 because I had -- it was at 12.5, right? Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Watson: Because I don't want to get into it because I don't know what she has, but I know since the Chair asked, so that it could be moved on because there's a number of items associated with that. That's the only reason I wanted to step forward -- Vice Chair Russell: Just -- just a clarification, please, so I understand, is the issue, Commissioner Reyes, the amount, or where it goes? City of Miami Page 90 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Reyes: Well, -- Commissioner Watson: The amount. Commissioner Reyes: Where it goes -- I mean, there's -- there's going to be a trust - find -- parking trust fund, and it is fine to have a parking trust fund. I'm concerned that before we built the -- the parking garage, where people are going to park, you see? Because that's a big problem that we have every time that we have one of those huge development. I agree with the development but don't get me wrong. But my problem is I don't want to set up a precedent that every time that we have -- we're giving incentives instead of-- I don't believe in cutting parking spaces. I think that we should have enough parking spaces. If not, people are going to the parking in front of my house. I have that problem. I have that problem, you see? I have a six -story building on the corner of 53rd and 7th -- I mean 8th, I live in 53rd and 7, and people park in front of my house and there is no swells over there because people all are people that work in 8th street, but park there. Vice Chair Russell: Got it. Commissioner Reyes: I mean, that is -- that is a concern. Also, we don't want to set up a precedent if we are going to do that and we're going to go that route that we going to be charging $15,000 to the developer for parking spaces when the trust fund will have to spend $30,000 on the additional parking. Do you see what I mean? Vice Chair Russell: Yeah. Commissioner Reyes: I mean, if we're going to do that because we are given a benefit by reducing parking spaces -- parking spaces, they can build more apartment -- apartments, more units, and they're going to be charging all their life for those units. You see it's a substantial benefit. I think -- Vice Chair Russell: Got it. Commissioner Reyes: -- that it has to be faster. Vice Chair Russell: Commissioner Watson, are you okay with the deferral? Commissioner Watson: How -- how-- long was the deferral? Vice Chair Russell: What date? Commissioner Reyes: This -- this -- Commissioner Watson, this does not affect at all the development? Commissioner Watson: No, no, no, no. Commissioner Reyes: This is only -- only that section -- Commissioner Watson: Yeah -- Commissioner Reyes: -- of the parking that we can work it out. Commissioner Watson: No, no, my question is -- Vice Chair Russell: April 8th? City of Miami Page 91 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Reyes: April 8th is fine. Commissioner Watson: That's fine. Vice Chair Russell: April 8th. Commissioner Watson: Yeah. That's fine. Vice Chair Russell: Okay. So we'll add that to the list PH.6 -- I'm sorry, SR.6 deferral to April 8th. Mr. Noriega: I -- I just wanted to be clear, that's the next meeting. Vice Chair Russell: Yes. Mr. Noriega: Okay. Commissioner Reyes: Okay. Vice Chair Russell: Two weeks. Mr. Noriega: Okay. Commissioner Reyes: Two weeks but let's -- Mr. City Manager, lets make sure that we can sit -- we sit down and we go back -and -forth and say that we can agree on a -- on an amount or if we can also, you can take that away if you want to, whatever. But parking is a big problem in our city, it is. And either we like it or not., this is an automobile -oriented society. You see, unfortunately, we don't have a decent mass transit system. Since we don't have this mass transit system we need places to park because that's the only way that we can move around. Ms. Mendez: Commissioner Reyes, if -- if by any chance there is going to be a change in the rate though we won't have time to advertise it with the correct rate for April 8th. So the best thing -- Commissioner Reyes: Another meeting won't hurt it. Ms. Mendez.: Right. -- right, so the best thing would be unless you want to talk about it again. Vice Chair Russell: Madam City Attorney, we can change it on the dais, can't we? On that day -- Ms. Mendez: If you change it higher -- Vice Chair Russell: -- as a floor amendment. Oh, okay, if higher. Ms. Mendez: If its higher then you're going to have to re -notice it again. Vice Chair Russell: Re -notice, understood. Ms. Mendez: If you -- no, I just wanted to be clear. Vice Chair Russell: Okay. Ms. Mendez: The best thing would be to move it to the 22nd -- City of Miami Page 92 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Watson: That's fine. Ms. Mendez: -- and he has time to -- Commissioner Watson: That's fine, yeah. Ms. Mendez: -- to give you the correct amount and then we can properly advertise it. Vice Chair Russell: Mr. Clerk, please note that the deferral for SR.6 will be to April 22nd instead of the 8th. Ms. Mendez: With the possibility that the public now knows it could go as high as April as -- as 20,000, or whatever. Vice Chair Russell: Good catch. Thank you, Madam -- Ms. Mendez: Thank you so much. END OF SECOND READING ORDINANCES City of Miami Page 93 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 8681 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE VIII/SECTION 35-292 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "MOTOR VEHICLES AND TRAFFIC/PRIVATE PARKING LOTS/ISSUANCE OF PRIVATE PARKING VIOLATIONS PROHIBITED," TO MAKE THE REGULATIONS CONSISTENT WITH SECTION 21-46 OF THE CODE OF MIAMI-DADE COUNTY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Vice Chair Russell: We're moving on, let me see where we are. FR items, ,first reading items. We have a Chapter 35 amendment on parking lots, and we have a Chapter 18 amendment on economic stimulus awards. Is there a motion on FR.1 and FR.3? Commissioner Carollo: I motion. Vice Chair Russell: Move by Commissioner Carollo, seconded by Commissioner Reyes. Barnaby, would you read them into the record, please? Barnaby Min (Deputy City Attorney): Thank you. FR.1. The Ordinance was read by title into the public record by the Deputy City Attorney. Vice Chair Russell: Thank you. We have a motion. We have a second. Is there any further discussion on FR.1 and FR.3? Hearing none, all in favor, say "aye." The Commissioner (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on FR.1 and FR.3. City of Miami Page 94 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 FR.2 ORDINANCE First Reading 8745 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), PURSUANT TO A PROPOSED SETTLEMENT Planning AGREEMENT, ATTACHED AND INCORPORATED AS EXHIBIT "1" ("SETTLEMENT AGREEMENT"), (A) CONDITIONALLY AUTHORIZING LIMITED GAMBLING USES AT THE REAL PROPERTY DESCRIBED AS LOT 4, BLOCK 4 OF THE ELWOOD COURT SUBDIVISION RECORDED AT PLAT BOOK 9, PAGE 181 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA ("COUNTY") AND TRACT C OF THE EXECUTIVE PLAZA SUBDIVISION RECORDED AT PLAT BOOK 121, PAGE 87 OF THE PUBLIC RECORDS OF THE COUNTY, AS MORE PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A" OF THE SETTLEMENT AGREEMENT, ATTACHED AND INCORPORATED (COLLECTIVELY, "PROPERTY"), UPON MEETING CERTAIN CONDITIONS AND IMPOSING PERMANENT PROHIBITIONS ON ALL OTHER FORMS OF GAMBLING AT THE PROPERTY AS A CONDITION OF ALLOWING THE SPECIFIED GAMBLING USES, ALL OF WHICH SHALL TAKE EFFECT ONLY IF WEST FLAGLER ASSOCIATES, LTD. ("WEST FLAGLER") HAS (I) ENTERED INTO THE SETTLEMENT AGREEMENT WITH THE CITY OF MIAMI ("CITY") AS APPROVED BY THE CITY COMMISSION AND IN A FORM ACCEPTABLE TO OUTSIDE COUNSEL AND (II) FULFILLED ALL TERMS AND CONDITIONS OF SUCH SETTLEMENT AGREEMENT; (B) CONDITIONALLY APPROVING A CARD ROOM AT THE PROPERTY TO TAKE EFFECT ONCE WEST FLAGLER HAS OBTAINED A CARD ROOM PERMIT FOR THE PROPERTY FROM THE STATE OF FLORIDA'S DIVISION OF PARI-MUTUEL WAGERING, SUCH CARD ROOM TO BE CONTAINED WITHIN THE TOTAL SUMMER JAI ALAI FACILITY FOOTPRINT, SIZE, AND DESIGN PARAMETERS AS PROVIDED IN THE SETTLEMENT AGREEMENT AND SUCH CARD ROOM FURTHER NOT TO EXCEED 20,000 SQUARE FEET OF THE SUMMER JAI ALAI FACILITY OR MAXIMUM CAPACITY OF 500 PERSONS (SUBJECT TO APPLICABLE FIRE SAFETY CODES) AND SHALL NOT OPERATE FOR MORE THAN SIXTEEN (16) HOURS PER DAY; AND (C) PERMANENTLY BANNING ALL OTHER FORMS OF GAMBLING AT THE PROPERTY EXCEPT AS SPECIFICALLY PROVIDED HEREIN; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes, Watson NAYS: Russell Note for the Record: For additional minutes referencing Item Number FR.2, please see "Public Comments for allItem(s)." Vice Chair Russell: Is there a motion on FR.2? Amend the Code to authorize limited gaming? Commissioner Reyes: I would -- City of Miami Page 95 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Ms. Rodriguez: Not a code amendment. It's a conditional approval of certain uses and permanent restrictions on others. It's not a code amendment. Commissioner Carollo: Look -- Vice Chair Russell: It's in our agenda with a title stating as, "Amend code authorize limited gaining." Mr. Min: It is an uncodified ordinance. Ms. Rodriguez: Uncodified. Mr. Min: It's uncodUied ordinance. Commissioner Carollo: Okay. What I personally would like to do, since FR.2 is not part of the settlement RE.4 -- Vice Chair Russell: It is part of the settlement. Commissioner Carollo: It's not part of the settlement, is it? Vice Chair Russell: Mr. Min, is FR.2 part of the settlement or not part of the settlement? Mr. Min: FR.2 is part of the settlement. It's -- Commissioner Reyes: But may I clarify upon a clarification? It is part of the settlement for this particular locale, but only for this place only. Mr. Min: Right. And -- Commissioner Reyes: That's right, but -- Mr. Havenick: Just for us. Commissioner Reyes: Okay, but says here, it says, FR.2 reads, "Authorized limited gambling, " is limited to this building that you have -- Mr. Havenick.• And limited to the two games we're asking for. Commissioner Reyes: Limited to the two games and that you have now, okay? If that is the case, I'll move it. Commissioner Carollo: FR -- I'll second that, FR.2 -- Vice Chair Russell: FR.2 is moved by Commissioner Reyes, seconded by Commissioner Carollo. Barnaby, would you read it into the record, please? Mr. Min: Yes. The Ordinance was read by title into the public record by the City Attorney. Mr. Min: And I believe there was a substitution that was distributed earlier in the week. Vice Chair Russell: Is that noted in the record? City of Miami Page 96 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Mr. Min: Yes, sir. It's already been -- Mr. Hannon already has it. Vice Chair Russell: Thank you very much. Is there any further discussion on the dais? Alright. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Note the Chair as no. Motion passes. Congratulations, Mr. Havenick. I -- Mr. Hannon: As amended. Vice Chair Russell: -- it seems I would not have had the four fifths anyway. So the outcome would have been the same. Mr. Havenick: Well, thank you all very much, and hopefully April 8th will be the last time you all see me for a little bit. Thanks. Ms. Rodriguez: We still have to go to PZAB (Planning, Zoning & Appeals Board) and to have a vote on the second reading of the ordinance. Commissioner Diaz de la Portilla: We're going miss you. Vice Chair Russell: I'm sorry. Commissioner Diaz de la Portilla: We're going to miss him. Vice Chair Russell: Thank you. Mr. Havenick: I'm sure you and I will have a reason to see each other again soon, sir. Thank you all very much. Commissioner Reyes: Hey, come back and visit so that we show our customers -- Commissioner Diaz de la Portilla: Come have some coffee. Mr. Havenick: Thank you all very much. Vice Chair Russell: Thank you for your work as well, Rocky. Ms. Rodriguez: Thank you, Mr. Chairman and members of the Commission. I appreciate the opportunity to serve the City and to work with all of you in the City Attorney's Office. Commissioner Reyes: Can I call you Rocky? Ms. Rodriguez: Yes, sir. Commissioner Reyes: Good job. Ms. Rodriguez: Thank you. Commissioner Reyes: Excellent job. Thank you very much and take care of the -- right? Ms. Rodriguez: Thank you. City of Miami Page 97 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Mr. Min: Mr. Chair, before Ms. Rodriguez leaves, she does have to come back for second reading. Vice Chair Russell: She did mention that. Mr. Min: Okay. So I -- Vice Chair Russell: Well see her again. Mr. Min: Will that be on April 8th? Because we have to send out notices. Ms. Rodriguez: Yes, sir. Mr. Min: April 8th. Ms. Rodriguez: April 8th. Mr. Min: Thank you. Commissioner Carollo: April Fool's. You've got to come back. Commissioner Reyes: Listen, we were joking, man, and we didn't pass anything. Vice Chair Russell: Thank you. FR.3 ORDINANCE First Reading 8781 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III/SECTION 18-117 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE/ECONOMIC STIMULUS AWARDS AND AGREEMENTS," BY MAKING CERTAIN CLARIFICATIONS AND MODIFICATIONS AND FACILITATING THE EXPEDITING OF THE CAPITAL PROJECTS THAT WOULD BE LISTED ON ATTACHMENT "A" REFERENCED IN THIS SECTION, AS AMENDED FROM TIME TO TIME AND APPROVED BY THE CITY COMMISSION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Padilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number FR.3, please see Item Number FR.1. END OF FIRST READING ORDINANCES City of Miami Page 98 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 AC.1 8770 Office of the City Attorney AC - ATTORNEY -CLIENT SESSION ATTORNEY -CLIENT SESSION 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 CHAIRING THE CITY COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTERS OF 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, 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 CITY COMMISSION MEETING WILL BE REOPENED AND THE PERSON PRESIDING OVER THE CITY 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, Watson ABSENT: Reyes Vice Chair Russell: Am I correct, Mr. Clerk, we have conducted the business of the day? Commissioner Reyes: Okay. City of Miami Page 99 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Todd B. Hannon (City Clerk): There is an attorney -client session, I don't know if we ever took any action on that item. Vice Chair Russell: We have not. Does anyone have the will to talk about Chalks Airlines? Commissioner Reyes: I think we should -- Commissioner Carollo: Yeah, we could -- Madam City Attorney, can we defer Chalks -- Madam City Attorney. Vice Chair Russell: I got it. To reset the Chalks shade meeting. Commissioner Carollo: For another time. Vice Chair Russell: Do you need it withdrawn and notice a new one or can we just defer it? Victoria Mendel (City Attorney): Yes, I need it withdrawn and then if you let me read Vice Chair Russell: Motion to withdraw. Commissioner Carollo: Motion. Vice Chair Russell: Moved by Commissioner Carollo, .seconded by the Chair. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. END OF ATTORNEY CLIENT SESSION City of Miami Page 100 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 BU.1 8134 Office of Management and Budget BU - BUDGET DISCUSSION ITEM MONTHLY REPORT I SECTION 2-497 OF THE CITY CODE OF ORDINANCES (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND BUDGET) II SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Vice Chair Russell: BU.1. This is the status of the 21-22 proposed budgets. Mr. Casamayor. Fernando Casamayor (Assistant City Manager/Chief Financial Officer): Good afternoon, Commissioners. Fernando Casamayor, Assistant City Manager, CFO. All of you have received the budget report that was sent out yesterday. Hopefully you've had an opportunity to look at it. But overall, at this time, we're projecting a general fund surplus of $15.5 million and a deficit of $47 million in the building reserve fund. That's as a result of transferring $45 million that we did a couple of months ago into - - of capital project for a building facility. Overall, we anticipate approximately a $31.8 million overall deficit at the end of the year. Just a few notes on the revenue side, we are trending about the same on the collection side as we were last year at this time. On the property tax side, we are seeing a almost a one percent reduction in the collection rates, which could he a variety of things, but my friends at the Tax Collector, Pin speaking to them constantly to make sure that these are not any collection trends that would affect our largest revenue source, which is property taxes. Some other revenues that we're looking at obviously as a result of COVID. Some of our charges for services are down, particularly in the Fire Rescue Department and the Police Department. Our Real Estate Asset Management Department as well, our communications service tax from the State of Florida is also trending downward, as is our parking surcharge and our interest earnings amount. However, on the expenditure side, we are doing particularly well. Our projected expenditures are expected to be lower than budgeted by about $28.5 million. And we will continue to monitor a couple of departments that we are seeing going over budget. In particular, we have the IT (Information Technology) Department as a result of a labor settlement, about $800,000 and about 1.3 million in Real Estate and Asset Management as a result of additional security in the Marina's Olympia Theater, and some repairs of the James L Knight Center. Of course, this doesn't include any changes in our internal service funds, meaning if we have any rash of healthcare costs going up or large workers comp settlements, and certainly does not take into account if we have a storm later on this year or some other natural disaster. Our '21-'22 operating budgets have been submitted by all of our departments. We are in the process right now of analyzing all of the submissions. And we hope to be able to present the budget to you on time. I'll take any questions that you may have. Vice Chair Russell: Thank you, Mr. Casamayor. Have you factored in the American Rescue Plan funds that we will be receiving? City of Miami Page 101 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Mr. Casamayor: Not right now, sir, we're still going through the American Rescue Plan to determine what eligible uses we have. Vice Chair Russell: But the estimated income from that is -- has it been determined yet? Mr. Casamayor: We believe we're going to be getting about $70 million as, you know, the first payment that we will be getting in a few months. But again, the eligibility of using those funds, we're still working to determine. Vice Chair Russell: So you're not putting it on the books until you want to do with it. Mr. Casamayor: No. No. Vice Chair Russell: And we're having a special meeting about that. Mr. Casamayor: Until we receive the money and we're not going to put it in the book, sir. Commissioner Watson: The first tranche is probably about 60 million? Mr. Casamayor: Right. We thought it would be 70 million, but you might be right. Commissioner Watson: And the stipulation is it can't fill budget holes. Vice Chair Russell: It can. Commissioner Watson: No. It cannot. Vice Chair Russell: It can. Commissioner Watson: It can? Commissioner Diaz de la Portilla: Yeah. It can. Vice Chair Russell: I've read it in the American Rescue Plan Bill. It absolutely can fill budget holes. Commissioner Watson: Then they must have changed it again then because I just read it and it said it couldn't fill budget holes. Mr. Casamayor: Yeah. It's trying to, figure out what is the eligibility in order to plug those budget holes. I've heard, from some -- but again, this is what we're hear, it's not the full analysis. We've heard that there needs to be some requisite expense reduction in order to qualify for a revenue, but, you know, but again, we're still determining what that -- what it all is. Vice Chair Russell: Commissioner. Commissioner Diaz de la Portilla: Having -- thank you, have you had a preliminary reading? Have you done a preliminary reading of the FAQs (frequently asked questions) and all that? Because I have it in my office if you need it. Mr. Casamayor: Yeah, no, we've gone through the summarized version of it, but we really need to go through the thousands of pages to -- Commissioner Diaz de la Portilla: Right. City of Miami Page 102 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Mr. Casamayor: -- in order to make sure. Commissioner Diaz de la Portilla: But with the preliminary reading, it allows to fill some budget holes, right? Mr. Casamayor: It appears that it does and it's just getting into what the fine details are in order to determine whether we qualify based on our experience last year. So, we did have revenue reductions, absolutely, we're still experiencing revenue reductions. The concern is, again, one of my colleagues at another local government had read some of it and was mentioning that you needed to have a requisite expense reduction as well. Commissioner Diaz de la Portilla: Okay. Mr. Casamayor: So if you had to cut a service because you didn't get this revenue -- Commissioner Diaz de la Portilla: I get it. Mr. Casamayor: -- then you could quay. But again, we're still verging whether that's completely accurate. Commissioner Diaz de la Portilla: Okay, and when's that special meeting? 1 forget. Vice Chair Russell: When is what? Commissioner Diaz de la Portilla: When is the special meeting? Vice Chair Russell: April 16th? Mr. Casamayor: April 15th. Vice Chair Russell: 15th. Commissioner Diaz de la Portilla: Tax Day. What a great day. Vice Chair Russell: Thank you. So please get as much studying as you can, so we have solid answers and to make some solid decisions -- Mr. Casamayor: Absolutely. Vice Chair Russell: -- on the 15th. But we are in a better picture than we thought we would be when we were making estimations last summer when we thought we had a $20 million hole. Mr. Casamayor: Clearly. Yes. Our revenues are better than we thought they would be and we were able to reduce expenditures relatively quickly which, you know, which is what really provided us with a -- Vice Chair Russell: Yeah. Mr. Casamayor: -- a good year last year in spite of all of the bad that we had and it looks like were trending also positively this year as well. Vice Chair Russell: Got it. Now -- Mr. Casamayor: Without raising taxes. City of Miami Page 103 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Vice Chair Russell: Right. Mr. Casamayor: Which is good. Vice Chair Russell: So, I just wanted to bring up one thing because obviously we have to watch the books, we have to be frugal, we have to be careful. But small businesses are suffering in our districts and some of them are our direct tenants. And I brought this up during my briefing. I've learned from one of our tenants in the Marina's, a small mom and pop who've been our tenants since 1983 with a simple sailboat charter run by a family, were run out of business because we wouldn't cut them a break on their rent, and that really embarrasses me. Because I brought that to this dais months ago, that specifically our Marina tenants are suffering and we need to help them get through this we'll defer the rent, abate the rent, get it later, but don't run them out of business. They sold the boat that this girl grew up on and they closed their business because we wouldn't cut them a break. And to me, that's embarrassing because we are not in as bad a situation as we thought we would be a year ago, and we have the programmatic money now to help businesses just like theirs. I need your help to make sure. Yes, we watched the dimes and pennies, but we help our residents. That's our primary job. It's to make sure small businesses, families, renters, that they get through this and we get through it together. We can do this. Is there any fitrther questions or discussion on the budget? Then we'll close BU.1. Thank you very much. END OF BUDGET City of Miami Page 104 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 DI.1 8744 City Manager's Office DI - DISCUSSION ITEMS DISCUSSION ITEM A DISCUSSION REGARDING A PRESENTATION BY THE CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES CONCERNING THEIR ANNUAL REPORTS: 1. HOUSING AND COMMERCIAL LOAN COMMITTEE 2. NUISANCE ABATEMENT BOARD 3. URBAN DEVELOPMENT REVIEW BOARD 4. ART IN PUBLIC PLACES RESULT: DISCUSSED Vice Chair Russell: Let me just make sure we're not missing any action items before we go into the pocket items. There are a -- well, why don't we take up the pocket items and then the discussion items because they are the action items before us. Commissioner Carollo: We could take the pocket item that 1 have brought up for discussion or whatever you want to call it. We've got some directors that are waiting, so well get them out of the way, you know, like the others. Vice Chair Russell: Actually, wait. There was a report that we need to receive from one of the boards. If I'm not mistaken, and I believe they've been waiting. I apologize. You've been very, very patient. Which item is that, Mr. Clerk? Todd B. Hannon (City Clerk): DL 1. Vice Chair Russell: DL 1. Let's take up DI.1 so you can -- Patricia Arias: Thank you. Patricia Arias, Pm the attorney for the Nuisance Abatement Board. The chairman was available. Unfortunately, he had an event to attend. It is past 6 o 'clock but he was on Zoom as long as he could up until 5:00. Whatever questions you have with regards to the Nuisance Abatement, obviously last year due to COVID, Nuisance Abatement didn't meet and there were no actual filings because the meetings were curtailed and did not restart until the end of the year. We did (UNINTELLIGIBLE) the Nuisance Abatement Board is also the Code Enforcement Board. The Code Enforcement Board did their trial run, and we are now operating fully. As of yesterday, we did have four nuisance -- new nuisance abatements for the year of 2021. Three of which were taken care of and complied prior to hearing, one of which was heard and is ready to go and we have another one that is coming for April 28th. So as of 2021, we already have jive Nuisance Abatement matters. Any questions? Vice Chair Russell: Thank you. Are there any questions regarding the Nuisance Abatement Board? Ms. Arias: And the only other comment that I would make since I'm here, I need board members. Can you -- Vice Chair Russell: Who is missing an appointment? City of Miami Page 105 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Ms. Arias: I'm not exactly sure who's missing appointments because it changes because some of them are at large and then they switched from one commissioner to another, but I will send everybody an e-mail. I'll get it out there. Vice Chair Russell: Thank you. That is important. Ms. Arias: I need board members, please. Vice Chair Russell: Mr. Clerk, can you get with each office to let them know if they are lacking a board member or appointment from the Nuisance Abatement Board, please. Thank you very much. Ms. Arias: Thank you. Thank you very much. Vice Chair Russell: Thank you for your patience today. I appreciate your service. Ms. Arias: Not a problem. Great work. Vice Chair Russell: That's DLL closed. DI.2 DISCUSSION ITEM 8432 Department of Real Estate and Asset Management A DISCUSSION ITEM OF THE MIAMI CITY COMMISSION PROVIDING INFORMATION CONCERNING MARINAS OWNED BY THE CITY OF MIAMI. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item DL2 was deferred to the April 8, 2021, City Commission Meeting. Vice Chair Russell: That is the remainder of the pocket items. All we have left is the discussion items at this point. Commissioner Carollo: I make a motion that all the discussion items be deferred to the following meeting. Vice Chair Russell: Until April 8th. Commissioner Reyes: I second it. Vice Chair Russell: Moved by Commissioner Carollo, seconded by Commissioner Reyes. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Todd B. Hannon (City Clerk): My apologies, that was deferred to April 8th? Vice Chair Russell: April 8th. fbr DI -- all the discussion items. City of Miami Page 106 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 DI.3 8592 City Manager's Office Mr. Hannon: DI.2 through DI.9. Vice Chair Russell: So, DI.2 through DI.7. No, I'm sorry, all the way to DI.9. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. DISCUSSION ITEM A DISCUSSION ITEM FOR AN UPDATE REGARDING STATUS OF LEGISLATIVE SESSION. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item DI.3 was deferred to the April 8, 2021, City Commission Meeting. DI.4 DISCUSSION ITEM 7084 Commissioners and Mayor A DISCUSSION REGARDING THE DOWNTOWN DEVELOPMENT AUTHORITY. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item DL4 was deferred to the April 8, 2021, City Commission Meeting. DI.5 DISCUSSION ITEM 7091 Commissioners and Mayor A DISCUSSION REGARDING THE CONSOLIDATION OF THE COMMUNITY REDEVELOPMENT AGENCIES. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item DI.5 was deferred to the April 8, 2021, City Commission Meeting. City of Miami Page 107 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 DI.6 DISCUSSION ITEM 8650 Commissioners and Mayor AN IMPORTANT DISCUSSION REGARDING THE LENGTH OF TIME CITY OF MIAMI ("CITY") CAPITAL PROJECTS TAKE TO COMPLETE; THE QUALITY CONTROL OF THE DESIGN AND CONSTRUCTION WORK PROVIDED FOR THESE PROJECTS; THE PROCESSING OF CHANGE ORDERS AND HOW THEY IMPACT THE PROJECTS; AND THE PROCESS OF REVIEW AND ACCOUNTABILITY FOR THE PROJECTS AS RECEIVED BY THE CITY AND ACCEPTED BY THE STAFF. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item DL6 was deferred to the April 8, 2021, City Commission Meeting. DI.7 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, Watson Note for the Record: Item DI. 7 was deferred to the April 8, 2021, City Commission Meeting. DI.8 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, Watson Note for the Record: Item DL8 was deferred to the April 8, 2021, City Commission Meeting. City of Miami Page 108 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 DI.9 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, Watson Note for the Record: Item DL9 was deferred to the April 8, 2021, City Commission Meeting. END OF DISCUSSION ITEMS City, of Miami Page 109 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 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. ENACTMENT NUMBER: 13985 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PZ.1, please see "Public Comments for all Item(s)" and Item Number SR.1. City of Miami Page 110 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 PZ.2 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. ENACTMENT NUMBER: 13986 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PZ.2, please see "Public Comments for all Item(s)" and Item Number SR.1. City of Miami Page 111 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 PZ.3 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. ENACTMENT NUMBER: 13987 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PZ.3, please see "Public Comments for all Item(s)" and Item Number SR.1. City of Miami Page 112 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 PZ.4 ORDINANCE First Reading 8166 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 1, SECTION 1.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TITLED "DEFINITIONS/DEFINITIONS OF BUILDING FUNCTION: USES," AND SECTION 1.2 OF THE MIAMI 21 CODE, TITLED "DEFINITIONS//DEFINITIONS OF TERMS"; ARTICLE 3, SECTION 3.4 OF THE MIAMI 21 CODE, TITLED "GENERAL TO ZONES/DENSITY AND INTENSITY CALCULATIONS"; ARTICLE 4, TABLE 3 OF THE MIAMI 21 CODE, TITLED "STANDARDS AND TABLES/BUILDING FUNCTION: USES," AND TABLE 4, TITLED "STANDARD AND TABLES/DENSITY, INTENSITY AND PARKING"; ARTICLE 6, TABLE 13 OF THE MIAMI 21 CODE, TITLED "SUPPLEMENTAL REGULATIONS"; AND ARTICLE 7, SECTION 7.2, TITLED "PROCEDURES AND NONCONFORMITIES/NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS", TO ALLOW AND ESTABLISH DEFINITIONS AND REGULATIONS FOR CO -LIVING RESIDENTIAL USES AND TO MODIFY THE REGULATIONS FOR MICRO DWELLING UNITS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Note for the Record: Item PZ.4 was deferred to the April 8, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.4, please see "Order of the Day." City of Miami Page 113 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 PZ.5 ORDINANCE First Reading 7226 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "SINGLE FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE 0.96 ± ACRES DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3227, 3247, 3257, AND A PORTION OF 3277 CHARLES AVENUE AND 3256 AND 3270 WILLIAM AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For additional minutes referencing Item Number PZ.5, please see "Public Comments for all item(s)." Vice Chair Russell: Is there a motion on PZ.5 and 6, because that was Mrs. Gibson's other request that we try to pass this morning while she's still here. PZ.5 and 6, that is the Charles Avenue. Barnaby Min (Deputy City Attorney): Mr. Chairman, it's my understanding the applicant wishes to submit a different covenant into the record. Vice Chair Russell: Let me see if we have a motion here first, Barnaby. Is there a motion? Commissioner Diaz de la Portilla: I will move it. Vice Chair Russell: Moved by -- moved by Commissioner Diaz de la Portilla, seconded by Commissioner Carollo. There's a change to the covenant that's being proffered. Carlos Logo: That's correct. The covenant has been -- Carlos Lago, offices at 333 Southeast 2nd Avenue. The covenant has been updated to a $150,000 contribution to Rebuilding Together Miami -Dade to repair homes and improve homes in the Coconut Grove area in the West Grove. We're also going to pay that within five days of building permit -- of issuance of the building permit. Commissioner Diaz de la Portilla: How much? Mr. Lago: $150,000. Commissioner Diaz de la Portilla: What was it before, ifI may. Mr. Lago: Previously that was 75,000. So we've increased it substantially. City of Miami Page 114 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Diaz de la Portilla: You doubled it, and they can't do more? Vice Chair Russell: I -- Mr. Lago: We negotiated this at length, you know, with the community, and it comes out to close to -- it's about $5,555 per unit -- for the increased unit, sir. Commissioner Reyes: Very good. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: Thank you. And so that payment would be paid within five days of receiving any building permit? Mr. Logo: Correct, sir. Vice Chair Russell: And it would be spent within the West Grove by Rebuilding Together? Mr. Logo: Correct, sir. Commissioner Diaz de la Portilla: And Mr. Chair? Vice Chair Russell: Yes, sir. Commissioner Diaz de la Portilla: You're lucky you're not in my district. Mr. Lago: I'll be back in front of you sir. Commissioner Diaz de la Portilla: I would have gotten a quarter of a million out of you easily. Easily. Mr. Lago: I'll be back in front of you, sir. You will have your opportunity. Commissioner Carollo: Chair. Vice Chair Russell: You're recognized. Commissioner Carollo: Carlos? Mr. Logo: Yes, sir. Commissioner Carollo: Which company are you giving this to again? Mr. Lago: I'm sorry? Commissioner Carollo: Which company are you giving the 150,000? Mr. Lago: Rebuilding Together Miami -Dade. Commissioner Carollo: Who are they? Mr. Logo: So, I would let the Commissioner, you know, expand (UNINTELLIGIBLE) here earlier today. They're a non-profit organization that's been in Miami for over 30 years. Their focus is on repairing low-income and affordable -- and improving the low-income and affordable housing throughout South Florida. But in this case, it's going to be spent in Miami. City of Miami Page 115 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Carollo: Okay. It's a non-profit? Mr. Lago: Yes, sir. Commissioner Carollo: Okay. Mr. Lago: But it's a very well established -- Commissioner Reyes: I'm sorry, but I'm very blunt. Being non profits doesn't mean that they are effective. I mean, it is -- what I want to know -- what I want to know is, what's the track record? I mean, how's that -- those funds are going to be used? Because if it's going to be used -- I mean, if you're going to offer those funds, I think that it would be better to be at -- to our -- in my opinion to our housing department, and also with specific instructions that are going to be used for rehab, or for building in Coconut Grove. I mean, that's what I would do but, I mean, when everybody -- and I don't -- I'm not saying this, but when everybody says it's a non-profit organization. Yes. It's a non-profit, it doesn't pay taxes, but it doesn't necessarily mean that I'm doing the -- I'm using the funds the way that it should be done. You see? And it is my personal opinion what we have to analyze when we are giving money to any organization, it is the track record. What have they done? Have they been effective? Have they really helped the people? Mr. Lago: They have. They have a proven track -- Commissioner Reyes: And in this case, I personally believe that we will better use those funds by earmarking them for rehab in the area, you see, for rehabbing, or for building affordable units. Vice Chair Russell: So that -- that's exactly what it's being used for. Commissioner Reyes: But managed by us -- Vice Chair Russell: So, this particular organization actually is the one that was negotiated between the applicant and the community. This is where they want the money to go because it's -- we actually have a schedule of 100 homes to be redeveloped and rehabbed in the West Grove, and it's this agency that's doing that rehab -- Commissioner Diaz de la Portilla: Mr. Chairman? Vice Chair Russell: They've already been doing it for three years. You're recognized. Commissioner Diaz de la Portilla: Can you -- this is a very reputable organization. Can you walk the commissioners through their history and what they've done? This is not a fly-by-night operation, Commissioner Reyes. These -- Commissioner Reyes: I'm not saying that. Commissioner Diaz de la Portilla: No. I know, but I just wanted to -- I wanted to -- let me just finish, please. Commissioner Reyes: Sure. Commissioner Diaz de la Portilla: I want the District Commissioner to maybe walk us through what their history is, and what the plan is for rehabbing these West Grove homes. Instead of Mr. Lago doing it, maybe the District Commissioner can do it, and City of Miami Page 116 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 maybe he can give us an idea of what the plan is because there's a plan in place. And I'm afraid that if that plan is taken out of place, and this money goes to some bureaucracy, that that will not happen. That's my concern. That's my only concern. If there is a plan in place for rehabbing certain homes instead of putting into a -- maybe for fiiture developments we do that, because I agree with you in principle as we move forward. But for this particular one, I think there's a deal in place where they're going to rehab certain homes, and I think it's more efficient to simply give it to them. We are not giving it to an organization that is not a reputable organization. They have been around for 30 something years. And I think they have a plan in place. I don't want to disrupt that plan. So maybe if the sitting Commissioner can explain. Commissioner Reyes: Mr. Chair? Vice Chair Russell: Yes, Commissioner. Commissioner Reyes: First of all, I never said it was a fly-by-night. What I'm saving and I stand by my statement that if everybody comes and says it is a non-profit organization. I'm sick and tired of hearing that. What I want to know is result. And my question was -- Commissioner Diaz de la Portilla: I'm with you. Vice Chair Russell: You're right. You're right. Commissioner Reyes: And my question is, what are -- what is the track record? What have they done, and how they're going to do it? What's the plan? Vice Chair Russell: Thank you. Commissioner Reyes: How much of those $150,000 is going to go for -- really, I mean, it's going to work for rehab, for rehabbing for the people, and how much is going to go for salaries. Vice Chair Russell: Thank you. So and -- and you are very correct, Commissioner Reyes. Just because someone is a not -for -profit, doesn't mean that they get the job done -- Commissioner Reyes: Absolutely. Vice Chair Russell: -- or that they are accountable. This particular not -for -profit I have been working with my entire time here at the City of Miami, and I've trusted -- every penny that I've trusted them with of the taxpayer dollar has multiplied, and been leveraged over, and over again to produce affordable housing, and preserve affordable housing in the West Grove. Commissioner Reyes: And then they have a favorable track record. Vice Chair Russell: Yes. Commissioner Reyes: That's what I wanted to hear. Vice Chair Russell: Yes. They -- and I vouch for them personally. Commissioner Reyes: And I want them to know that we're going to be looking over them. And anybody comes here, and ask for money because they claim that they're going to help the people, that we have to start looking what they're doing with the tax dollars because there have been a lot of money, I mean, I've been in contact with the City of Miami Page 117 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 City of Miami for many many years, and you too, Commissioner Carollo, and you know how many projects had started, how many millions and millions of dollars have been dedicated to certain areas, and the results have been minimal. You see? Vice Chair Russell: Thank you. Commissioner Reyes: That's what I'm saying. Vice Chair Russell: So thank you. Does that proffer need to be accepted as an amendment? Mr. Min.: Yes, sir. Vice Chair Russell: So does the mover and seconder accept the amendment? I believe Commissioner Carollo has accepted. Commissioner Carollo: Yes. Vice Chair Russell: Yes, so the amendment is accepted. We have a motion. We have a second. Is there any further discussion on the dais? Todd B. Hannon (City Clerk): Just for the record, that will be for item PZ.6. Vice Chair Russell: Correct. Thank you. I believe there was one other proffer within the covenant, Mr. Lago, that there would not be residential units produced. That this would be -- Mr. Lago: Right. Vice Chair Russell: -- limited to lodging -- Mr. Lago: This is a lodging project, correct. Vice Chair Russell: Got it. Does the mover and seconder accept that amendment as well? Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: Thank you -- Mr. Min: Mr. Chairman -- Vice Chair Russell: -- we'll just incorporate that into the amendment. Yes? Commissioner Diaz de la Portilla: Yes. Mr. Min: If I may, it's up to the Commission, because it's policy, but I just wanted to point out one particular issue with the public benefits that's being proposed. As drafted it says the payment's to be made within five business days after the issuance of a building permit. The caution that would give the Commission to consider is if that payment is not made, then what? Vice Chair Russell: Meaning that we are giving the permit before the payment. Mr. Min: Correct. Vice Chair Russell: And then, five days after the permit, they make the payment. City of Miami Page 118 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Mr. Min: Correct, and if they don't make the payment, then what? Vice Chair Russell: Well, that's my question. What is the recourse of the -- Mr. Min: We -- Vice Chair Russell: -- City if they don't? Mr. Min: So, typically, the way these are proffered is that the payment is due prior to the issuance of the permit. Commissioner Diaz de la Portilla: So it's amended -- Mr. Min: So if the payment is not made -- Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Mr. Min: -- the permit is not issued. Mr. Lago: Typically, typically, you have many projects before you, the money is given at TCO (Temporary Certificate of Occupancy). So we're giving the money at building permit, but we can agree to give it at the issuance of building permits so we don't have that issue any further. Mr. Min: Okay. Mr. Lago: So we agree to that. Commissioner Diaz de la Portilla: So we'll amend that -- Vice Chair Russell: That this -- Commissioner Diaz de la Portilla:: -- to include that. Vice Chair Russell: To include what, though? What is the amendment you're including? Commissioner Diaz de la Portilla: To include that it will be at the issuance of the permit. Mr. Lago: Correct. Commissioner Diaz de la Portilla: That they'll give the 150k at the issuance of the permit. Mr. Lago: And I'll come with that in second reading -- Vice Chair Russell: Now, when you say -- Mr. Lago: -- at the issuance . Vice Chair Russell: -- "At the issuance of permit," is the five days after? Commissioner Diaz de la Portilla: No. It's at the issuance, at the same time, right? Mr. Lago: At the same time. City of Miami Page 119 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Diaz de la Portilla: The same time. Vice Chair Russell: Same time. Commissioner Diaz de la Portilla: At the issuance, at the same time. Vice Chair Russell: Yeah. Commissioner Diaz de la Portilla: Instead of five days later, it's at the same time, a few minutes. Mr. Lago: Correct. Mr. Min: The second issue I would point out -- and again, it's up to -- Commissioner Diaz de la Portilla: Oh, you have a second issue? Mr. Min: Sorry, I just want to make sure you're fully aware. Commissioner Diaz de la Portilla: Whatever happened to quit while you're ahead? Mr. Min: The second issue is, as drafted again, it says, "A building permit." I would suggest and caution the Commission that you may want to consider any type of building permit including, but not limited to, a phase permit. The reason I suggest that is as an example, you can pull a phase permit and build a building without pulling a building permit. Commissioner Diaz de la Portilla: So, we'll include that in my amendment. Mr. Lago No issue. Vice Chair Carollo: Is that accepted? Mr. Lago: No issue. Commissioner Diaz de la Portilla: It's -- yeah -- Mr. Lago: That's fine. Commissioner Diaz de la Portilla: -- we'll include that in -- Vice Chair Russell: Mover and seconder accepts all amendments? Alright. Thank you very much. Is there anything -- Mr. Lago: Thank you very much. Vice Chair Russell: -- else fbr discussion on the dais? Commissioner Diaz de la Portilla: You're welcome. Vice Chair Russell: Hearing none. All in favor of the -- of hearing -- Commissioner Diaz de la Portilla: Aye. Mr. Hannon: Chair, it's an ordinance? City of Miami Page 120 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Vice Chair Russell: Ah yes, Mr. City Attorney, could you read the ordinance for the record, please? Mr. Min: Mr. Hannon called me off guard. PZ.5. The Ordinance were read by title into the public record by the City Attorney. Mr. Min: PZ.6. The Ordinance were read by title into the public record by the City Attorney. Vice Chair Russell: Is that both of them? Mr. Min: Yes, sir. Vice Chair Russell: Thank you. Is there any further comment on PZ.5 and PZ.6? Hearing none. All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Any opposed? Mr. Lago: Thank you, Mr. Chair. Thank you, Commissioners. Vice Chair Russell: Motion passes as amended. Thank you very much. PZ.6 ORDINANCE First Reading 7232 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R," SUB -URBAN TRANSECT ZONE - RESTRICTED WITH A NEIGHBORHOOD CONSERVATION DISTRICT - 2 ("NOD-2") OVERLAY, TO "T4-L," GENERAL URBAN TRANSECT ZONE - LIMITED WITH A NEIGHBORHOOD CONSERVATION DISTRICT - 2 ("NCD-2") OVERLAY, FOR THE PROPERTIES GENERALLY LOCATED AT APPROXIMATELY 3227, 3247, 3257, AND A PORTION OF 3277 CHARLES AVENUE AND 3256 AND 3270 WILLIAM AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PZ.6, please see "Public Comments for all Item(s)" and Item Number PZ.5. City of Miami Page 121 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 PZ.7 RESOLUTION 8524 Department of Planning A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, WITH CONDITIONS, AN EXCEPTION PURSUANT TO ARTICLE 6, TABLE 13 AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CHAPTER 4, SECTIONS 4-5 AND 4-7(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PERMIT AN ALCOHOL SERVICE ESTABLISHMENT IN EXCESS OF 5,000 SQUARE FEET IN THE WYNWOOD CAFE SPECIALTY DISTRICT ON REAL PROPERTY DESIGNATED AS "T5-O", URBAN CENTER TRANSECT ZONE — OPEN, AND "T6-8-O", URBAN CORE TRANSECT ZONE — OPEN, WITHIN THE NEIGHBORHOOD REVITALIZATION DISTRICT 1 OVERLAY, LOCATED AT APPROXIMATELY 239 NORTHWEST 29 STREET, SUITE 110 (2838 NORTHWEST 2 AVENUE) MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-21-0130 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Jeffrey Watson, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Vice Chair Russell: I'd like to take up Item PZ.7. I believe that's the only remaining action item on the agenda. PZ.7 is an exception in Commissioner Watson's District. Mr. Watson, how would you like to proceed? Commissioner Watson: Well, I'd like to proceed -- we have two amendments to make that I was looking for, Mr. Chair. Yeah, -- (COMMENTS MADE OFF RECORD) Vice Chair Russell: Thank you for your patience. Commissioner Watson: There's two amendments. Mr. Garcia -Pons has them. Cesar Garcia -Pons (Director, Planning): Good afternoon. This is Garcia -Pons, planning director. Commissioner, you had a request? Commissioner Watson: Yes. Request to read the amendments that's been agreed to by the parties making the request. Mr. Garcia -Pons: Yes, sir. So, two amendments to the exception that were initially included in the Planning Department's report that were removed would like to be inserted back in. Item Number 1, pursuant to Chapter 4, Section 4-5 of the City Code of Ordinances, as amended, shall be closed during school hours. Item Number 2, this exception is limited to the Applicant, Bottled Blonde Miami, LLC, or owner, Thor Wynwood Walk Owner, LLC, any other entity must be approved by the Planning Department and may require a new exception or by review of the Planning Zoning and Appeals Board with a recommendation to the City Commission in those interests - - instances, the new entity owner, shall acknowledge acceptance of the conditions listed as part of this exception. City of Miami Page 122 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Watson: And we checked with the School Board just to ensure that was something they had agreed to. And so that's why they were added back because we had -- they asked to be operating during school hours, and so they are now supportive of the amendments and the requesting party also. Thank you. Vice Chair Russell: Is there a motion on the item? Commissioner Watson: Move. Vice Chair Russell: Moved by Commissioner Watson. Who is the second? Commissioner Reyes: Second. Vice Chair Russell: Second by Commissioner Reves. Does the mover and seconder accept the amendments? Commissioner Watson: Yes. Commissioner Reves: Yes. Vice Chair Russell: Yes. Is there any further discussion. All in favor of the item, say "aye. The Commissioner (Collectively): Aye. Vice Chair Russell: Motion passes. Thank you very much. Mr. Garcia -Pons: Thank you very much. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 123 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 NA.1 8826 City Commission NA - NON -AGENDA ITEM(S) DIRECTIVE DIRECTION BY COMMISSIONER CAROLLO TO THE CITY ATTORNEY TO PREPARE, FOR FUTURE COMMISSION CONSIDERATION, A RESOLUTION REGARDING THE ELIMINATION OF THE ONLINE PUBLIC COMMENT FORM AND INSTITUTION OF PRE -PANDEMIC PUBLIC COMMENT PRACTICE. RESULT: DISCUSSED Vice Chair Russell: Yes, Mr. Commissioner. Commissioner Diaz de la Portilla: Have we screened these five phone calls? Vice Chair Russell: Yes. They have been screened. Commissioner Diaz de la Portilla: Okay. So there's not going to be any offensive phone calls or anything like -- Vice Chair Russell: I cannot promise what someone will say, but we will not allow -- Commissioner Diaz de la Portilla: So they haven't been screened? Vice Chair Russell: Screened for what? We've asked them their name, we have asked them what subject they're speaking on. We cannot -- we cannot predict what they will say, but I will not allow profanity. But if somebody is passionate or upset, I cannot stop someone from speaking simply because we -- they disagree with us. So -- Commissioner Diaz de la Portilla: The -- I didn't say that. Vice Chair Russell: Yeah. Commissioner Diaz de la Portilla: Didn't we pass something last commission meeting Vice Chair Russell: For recorded calls. Commissioner Diaz de la Portilla: For recorded calls only? Vice Chair Russell: Yeah. If a recorded call came in and it was profane -- this was a long time ago. Commissioner Diaz de la Portilla: Right. Vice Chair Russell: During COVID for virtual -- Commissioner Diaz de la Portilla: No. This was the last commission meeting. Vice Chair Russell: Yes. Madam City Attorney, in the last commission meeting there was a motion passed to eliminate -- Commissioner Diaz de la Portilla: Yes. City of Miami Page 124 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Vice Chair Russell: -- telephonic -- Victoria Mendez (City Attorney): Correct. Vice Chair Russell: -- public comment? Ms. Mendez: Correct. But the advertising for this meeting had already gone out, which included the telephonic calls. We will start the no telephonic calls and just in - person, April 8th. Commissioner Diaz de la Portilla: In the next meeting? Ms. Mendez: Correct. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: So this will be the last meeting with -- Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: Telephonic public comments? Ms. Mendez: It is. Commissioner Diaz de la Portilla: I just want to clarify. Vice Chair Russell: Thank you. Commissioner Diaz de la Portilla: Thank you. Commissioner Carollo: To -- add, let me be very clear on this, people are cautious when they -- like they come in person. They are going to address what's on the agenda. If they want to address something that's not in the agenda, they want to just throw anything out of the blue, that is not allowed, Mr. Chairman, and I'm sure that you would do what is appropriate and cut the phone call. We have rules and regulations here, and they have to be followed the same as if you're present here or you're calling from somewhere else. Vice Chair Russell: Thank you. It is very clear within State Statute and our City Code that at public comment, the public shall be entitled to speak on any proposition before the City Commission in which the City Commission may take any action through the presiding officer. So if there's an item on our agenda, you can speak on that item. Commissioner Diaz de la Portilla: I have another question. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: If they don't live in the city of Miami. Vice Chair Russell: We cannot stop them from calling. You're -- you're shaking your head -- Commissioner Diaz de la Portilla: Yeah. Vice Chair Russell: That's the Attorney -- Commissioner Diaz de la Portilla: I disagree with you. But Madam Attorney? City of Miami Page 125 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Ms. Mendez: We -- if it's something on the agenda that they wish to speak about, we cannot -- Vice Chair Russell: They can call from California. Ms. Mendez: -- based on whether they live in the city or outside the city, we can't limit it in that fashion. Vice Chair Russell: The Code says any member of the public. So it doesn't spec resident. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: But this will be the last day for telephonic comments, so. Commissioner Carollo: It's not just a Code. I think there might be some constitutional problems. I don't know if the City Attorney would agree with that or not, but the point being that if anybody wants to come in person, I believe if it's related to something in the agenda, we have to hear them unless we get 100 people for the same item. And then we have a right to choose the -- a couple of people or whatever to be representative of the group. But what opens itself up to abuse is the phoning. You could have people calling up from anywhere. They could be in another state, another county, another country, and if they really wanted to then they could basically bring our meetings to a stop. So COVID is not a hindrance anymore. As we stated, people could come here or they could be outside. But beginning next meeting, let's be clear, anybody that wants to address this body, they physically have to come to City Hall, either to speak inside or to speak outside, but physically. No more phone calling. Vice Chair Russell: Thank you. That's the -- Ms. Mendez: Commissioner, we do still have the public comment form online that they could still send the comments. Vice Chair Russell: They can submit e-mail, yes. Ms. Mendez: We still have that provision -- Vice Chair Russell: Yes. Ms. Mendez.: -- to give them another option. The e-mail that you receive -- Vice Chair Russell: Yes. Ms. Mendez: -- on the spreadsheet. Vice Chair Russell: So, I don't know who's on the line right now. They have been screened for what they're calling on. You have my commitment I will not allow profanity. Commissioner Carollo: I -- Vice Chair Russell: I will not allow any folks to speak non forum that's not on the agenda. Commissioner Carollo: If I could ask one more question -- City of Miami Page 126 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Vice Chair Russell: Yes. Commissioner Carollo: -- to the City Attorney. What was our policy before COVID in as far as the internet and sending information? Vice Chair Russell: We never did it. Commissioner Carollo: Did we ever do that before or not, Madam City Attorney? Ms. Mendez: The comment form? Commissioner Carollo: Yeah, the comment part that -- Ms. Mendez: Yeah. That's what we've been doing throughout the whole pandemic, the comment fbrin -- Commissioner Carollo: Yes. But I'm talking about before the pandemic. Ms. Mendez: We did not have that option before the pandemic. Commissioner Carollo: We did not have that have that option either. Okay. Well, -- Ms. Mendez: I mean, everybody can always e-mail you. That's always been -- but the public comment form is what we've been doing since the pandemic, that they upload and then we make it as a part of the record. Commissioner Carollo: I understand that, but I'm not talking again pandemic. I'm talking pre pandemic. Ms. Mendez: Right. Pre pandemic, we did not have the public comment form. Commissioner Carollo: Okay. Well, that might have to be revisited, too, because that has the strong potential for abuse also. Vice Chair Russell: Thank you very much. Shall we? Yes, Commissioner. Commissioner Diaz de la Portilla: I agree because it was -- we were abiding by our constitution before the pandemic, right? Ms. Mendez: Yes. Commissioner Diaz de la Portilla: Okay. So, we can eliminate the e-mail thing, right? Because we were -- it's constitutional; is that correct? Ms. Mendez: Yes. If you so choose. Commissioner Diaz de la Portilla: Okay. So we should revisit that maybe in this meeting, Commissioner Carollo. Vice Chair Russell: I think it's pro -- it was only created procedurally by the administration. It wasn't created by legislation. So the administration can -- Commissioner Diaz de la Portilla: So, I would like to direct the administration to stop it. Commissioner Carollo: Well, that could be -- if the City Attorney will draft the resolution, for this body to consider this afternoon, that will simply state that City of Miami Page 127 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 NA.2 8827 City Commission beginning next meeting, we will go hack under public hearings strictly as pre - pandemic. Commissioner Diaz de la Portilla: Correct. Commissioner Carollo: And you could, if you want, outline what that means. Vice Chair Russell: Thank you very much. DISCUSSION ITEM COMMISSIONER WATSON RECOGNIZED AND PAID GRATITUDE TO FRONTLINE WORKERS WHO TREATED HIM WHILE HE WAS HOSPITALIZED WITH COVID-19 AND ALSO THANKED COLLEAGUES AND SUPPORTERS FOR THEIR WELL WISHES. rRESULT: DISCUSSED Vice Chair Russell: Good afternoon, I'd like to reconvene this March 25th meeting on the City of Miami Commission. Apologize we haven't gotten through more business today, but we have gotten some significant things done, before Igo to the order of the day, I'd like to offer a point of privilege to Commissioner Watson who wanted a few minutes to address the Commission and the public. Commissioner Watson: Good afternoon. Is Chris -- Chris here? Unidentified Speaker: (INAUDIBLE). Commissioner Watson: Yes. Unidentified Speaker: (INAUDIBLE). Commissioner Watson: Good afternoon. We did cover some things this morning. Some things we didn't necessarily get a chance to cover. If you indulge me for a few minutes. I'd just like to share part of my story and experience and give credence to excellence and hard work and sheer will. You're having a hard time hearing me? Vice Chair Russell: Yeah. Commissioner Watson: I'm sorry. I'm trying to comply with my doctor and my Chair, and keeping my face covered, but I will speak louder when I speak. Always -- technology never works when you want it to work. Audiovisual presentation made. Commissioner Watson: I did that, not because I was trying to be vain, but trying to at least, pay homage and some respect to my journey. I'm not so sure that I was the only one, but to this date, the only one that I know of an elected official of the State of Florida who caught COVID. I wanted to say thank you to my colleagues who were absolutely fabulous. I was in contact with them both morning and night as they were concerned about my well-being and offered to do everything they could do to assist me in trying to get through my experience. This is my first commission meeting back. And of course, most who watched the meeting of February 25th, at that point realized that something was wrong. As I got through part of the meeting, the Fire Chief called me and said, "Commissioner, you don't look well, something's wrong. Did you get tested? Can I help you? " And I responded, "Chief I'm fine. I don't feel too hot, I'll do that this afternoon. " It was a short meeting that day. We finished around 5:30. I talked to someone who also said the same thing and then I fell asleep. I thought I City of Miami Page 128 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 woke up about 11:25 p.m., and, in fact, it was 11:25 a.m. the next day. Upon which 1 called the Chief and said, "Chief 1 don't feel well. " And he said, after 1 said, "1 need your help. ", "I'll see you in 10 minutes. Pm going to come back to fire. "And from then on, the journey was fairly interesting. As I entered ICU and was told what I had, I went back to Chief Z. and his call. And he showed up in my living room with about 12 of his personnel, and his medical director. His medical director asked me could he ask me six questions, and he did, and I said, "Yes. "And he stopped at two. And he said at that time, he said, "Commissioner, I've seen over 721 of these cases, and we should make a decision. " I looked at him, and he said, `If you stay here, there's not much 1 can do to help you. But if we're going to go, we need to go right now. " And I said, I'm going with you." What I had was the virus, inflamed both lungs, low blood oxygen levels, pneumonia, and failing respiratory system. And by Sunday, the doctor moved me to ICU. And Monday morning, I woke up with about 12 guys in my room, talking, and looking at monitors, and I'd been decided. I had five people to call. The doctor said, `If we do a respirator, you have 17 percent chance of survival. You keep fighting, we're going to keep fighting for you. "And they continued to use a lot of new things that probably allowed me to be here. So to all of the prayers, well wishes from my colleagues, you know who you are, from the community and from others, both with issues and with not, who called to wish me blessings, I thank you. Obviously, with medical technology and the Man himself, it wasn't my time. But I do want to say thank you. I also want to say to Carlos Migoya, and to his staff -- you know, Jackson Memorial was never a place to go to be well, but that definitely has changed. In the time that I've lived life, I've only been in the hospital twice. But it is probably therefore, at this point, one of the best facilities that we have in the country. But most importantly, I want to ensure that for the people who spent the time with me, and it was quite a few, that I thank them as well. I've been working with the City Clerk to ensure that something goes over there from me to them because they are the frontline workers. And therefore, too, I'd like to thank those heroes and heroines who do their job every day, whether it's sweeping the floor or sticking needles in you. That's what they do that cause lives to be saved. So to Martha Lunsford, Marcia Diaz (phonetic), who actually cleaned my floor, and (UNINTELLIGIBLE) and prodded me to put my socks on because you know you're in the hospital and we have a lot of germs. To Jennifer Diaz, Miguel Ruffino (phonetic), Dr. Shahbaz Rasheed (phonetic), Dr. Gomez, Dr. Buchiago (phonetic), Lindsey Martin (phonetic), Dr. Yahslaiv Burack (phonetic), Dr. Jaime Aveselas (phonetic), Lino Palacio (phonetic), Monay Right Hepburn (phonetic), Nadia Cherry (phonetic), Emma Romeo (phonetic), Dr. Alberto Gomez, Gema Weiss, Yvette Pons, Catherine Martinez, Ann Mantabo (phonetic), Aldy Cesar (phonetic), Marie Chelso (phonetic), Marie C'herostottle (phonetic), Belinda Thelusma, Sandra Leroux (phonetic), Dr. Marco Arias, Salmar Hernandez (phonetic), Dr. Ali Garcia, Erica Galloway, Diana Henry, Martica Orillia (phonetic), Mavine Stevenson (phonetic), Danielle Owens (phonetic), Freddie Soveda (phonetic). For Freddie, I played the video. Freddie walked into my room, and said, "hey, I know you, you're the guy from the commercials. I studied you. You're talking to tell people to take the vaccine. We can't have you in here. We have to get you back out there ". So, to Freddie, thank you. Merbeda Martiz (phonetic), Wilfredo Medina (phonetic), Huniski Hernandez (phonetic), Jose Garcia Cruz (phonetic), Jessica Myers, Chantelle Wiley (phonetic), Marie Rojas, Jasmine Dupont (phonetic), Viviana Martinez (phonetic), Barciala Regis (phonetic), William Ardones (phonetic), Albinez Biaco (phonetic), and Sharney McKinney (phonetic). Thank you. For you are frontline workers who wake up every day, who work around the clock to ensure that you send more back out there than not, and you should always be honored for your service. I asked Chief for the guys who showed up to my house, and just like they are, he said, "We do that all the time. There's no need to thank them." When someone left stethoscope at my house, which, I guess, now, is my memento of my experience. But for the ones that he thought was necessary, Captain Steve Crow, Lieutenant Mark Alejandre (phonetic), Juan Carlos Ramirez (phonetic), and Matthew Alvarez (phonetic), of our fire department and EMS (Emergency Medical Services) workers, City of Miami Page 129 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 who we thought -- because of a woman that was honored today, it was important to pay attention to this pandemic. We -- we footed the bill. I've been asked the question who paid for what we did? We paid. We paid to protect our citizens, the City of Miami. We scream, hollered, all of them scream, hollered to find vaccines to ensure that we had some to make sure that you were protected. I thank you, Chief Z. If I had stayed home, I probably would not be here. So he really didn't ask me, he insisted that it was time to go. Just wanted to say to all of you, thank you as well. Clearly again to my colleagues, clearly again to the manager, who I was told said to the Chief "Check on the Commissioner." We never know how people affect our lives, but in this case, quite a few affected mine. So although it wasn't my time, there was a lot of people who helped make sure that it wasn't. And 'just wanted to say, thank you. Applause. Vice Chair Russell: Commissioner, as there's no way for us to empathize with what you've gone through, but life is precious and we need you here, and the City needs you. And I'm very thankful to everyone that helped you get to where you are now. We're glad to have you back. We're glad to have you back. Commissioner Reyes: Welcome back. Vice Chair Russell: And thank you for that basket, but unnecessary. Commissioner Carollo: Thank you for the baskets, Commissioner. But most of all, 1 thank God that you're here with us because I'm a firm believer that if we put our faith in our God, like I know you and your wife, Carmen, did, He came through because He knew -- and God knows that you have a lot of work to do here that only you could do, and He's not finished with you. So that's why -- well, I'll admit I was very concerned about you. I knew that you were going to pull through because God had a mission for you. That's why you beat all the odds when you got up here and appointed by us. I mean, if Vegas would've been taken out on Commissioner Watson being the next Commissioner for District 5 to be sitting up here, it would've probably been something like a billion to one, and there he is. And God has a mission for you here to accomplish. And I'm seeing it in the reaction of the people in District 5. They're seeing a man that's just like them, dresses the same way, walks the same way, doesn't act like because he's got the title of Commissioner, he's something special, something higher that people have to bow to him. People in District 5 are seeing that they have a Commissioner that cares, that's out there with his wife trying to really make a difference. And you will, together with your wife, make a difference for District 5 and this city as a whole. And I thank you for that, Commissioner. Commissioner Reyes: I only have to say, amen. You have a lot of work to do. And I thank the Lord that you are here and that you're going to be here for a while, my dear brother. You're going to be here for a while. God bless you. God bless you. Vice Chair Russell: Thank you. City of Miami Page 130 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 NA.3 8822 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONDEMNING ALL FORMS OF HATE DIRECTED TOWARDS ASIAN AMERICANS AND PACIFIC ISLANDERS ("AAPI") IN OUR COMMUNITY AND AFFIRMING ITS COMMITMENT TO ACTIVELY COMBATING RACISM, ACHIEVING RACIAL AND SOCIAL EQUITY, AND PROTECTING THE CITY OF MIAMI'S VULNERABLE AAPI RESIDENTS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-21-0121 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Note for the Record: For additional minutes referencing Item Number NA.3, please see "Order of the Day." Vice Chair Russell: While we're waiting for Commissioner Carollo. If f -- if you'll indulge me, 1 would just like to take Pocket Item 1, briefly. That's the one Commissioner Reyes and Commissioner Watson and Commissioner Carollo co- sponsoring with me. Commissioner Reyes: I move it. Vice Chair Russell: Thank you. move by Commissioner Reyes. Ms. Mendez: Chairman, have you opened public comment for all of these? Vice Chair Russell: No, but I will. Ms. Mendez: Okay. Vice Chair Russell: So, some people don't know this about me, but my mother is 100 percent Japanese, she's from Tokyo. She was born in Nara. She came over in the 1960s. She became an American citizen. She came to my elementary school and played the yo-yo in a Kimono. She was a professional yo-yo plover. I grew up on the playgrounds. I did get ridiculed. I did get bullied. I have a scar on my eye from my very first fight in fifth grade from a kid who called me a chink and a jap. Asian - Americans in this country suffer the same discrimination that many diverse backgrounds suffered. And African Americans have -- have suffered. Hispanics have suffered. And I don't try to compare or -- or grade the suffering that different groups have -- have endured. The Asian -American experience though is quite unique. This is a -- this is a group that under our own government in 1945, Franklin Eleanor Roosevelt passed Executive Order 1906. For jear, for the safety of the country during World War II, that maybe because American citizens looked like the enemy, that they might be the enemy. And they were rounded up, American citizens born in America were rounded up and taken to camps. It was a very sad time. But done under the duress of war, a very good president, made a very bad decision. And there's a lot of lessons that we should learn from that. And when the Muslim ban came about, when there was fear of terrorism, I had a similar feeling and I actually passed an almost identical resolution back then, just a few years ago, in support of the Muslim City of Miami Page 131 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 American community in Miami and that we condemn hate speech and all acts of hate and discrimination at that time against Muslim Americans. And 1 really want to thank you, Commissioner Reyes. This means a lot to me. The division in our country right now is so stark. The polarization, the anger, the heightened anger. People are walking around at red line. They're ready to snap with a trigger of anger. The most recent hate situation against an Asian -American in Miami Dade who was caught on camera in Miami County Bus. It was an argument about masks. It wasn't about race, it was about masks. One person wasn't wearing the mask and an Asian woman asked the man to put on his mask and it escalated to a fight. And the only way he could hurt her in a significant way was to use racial slurs. We have to be better than this. Commissioner Reyes: Absolutely. Vice Chair Russell: If anywhere in this country can be the beacon of an example for all of America where diversity is embraced, it is the city of Miami. So this is a very simple, but very important resolution for us. And I really, really appreciate it. I have a special surprise for -- for all of you in the coming month. It's going to be a nice celebration and I'll keep it a surprise. And for the moment, Ijust want to thank you all for co -sponsoring with me. We have a motion. We have a second. I'll open for public comment. If any would like to make comment on the resolution of the City Commission condemning all forms of hate directed toward Asian -Americans and Pacific Islanders. Is anyone who would like to speak on the item? Commissioner Watson: On your item? Vice Chair Russell: Yes. Just a moment I got a text, this is the new one. I've been corrected. Order -- Executive Order 9066, not 1906. I should know my history and if anyone can teach it to me, it's my fellow Asian American, Mr. Jose Fuentes, who also works with us. Commissioner Reyes: That's right, and I taught history -- I mean, political science, and I taught at Goldman, and who can remember all the numbers -- all those numbers, you see? Vice Chair Russell: Well, this one is one that is burned in the brain, so I regret I forgot it. Commissioner Reyes: Let me say this, Commissioner, and I was brought up with the idea that there's no color and there's no race and that we are all human beings because when we cut we'll have -- our blood is red. Vice Chair Russell: Mr. Fuentes also sent me a message if I could read it. Commissioner Reyes: Sure. Vice Chair Russell: "Chairman Russell and Commissioner Reyes, as Chairman of the Southeast for US, Japan, counsel passed here the Miami -Dade Asian -American Advisory Board and on behalf of the Japanese American Citizens League, we emphatically support the resolution as active advocacy against hate in a show of support to its -- all of its residents, including the Asian -American Pacific Islanders community. As a Japanese -Cuban American, today's resolution makes me proud to know that I'm represented by leaders who continue to stand and support and represent the kind of diversity that makes Miami a truly exceptional city. " That's from Jose Fuentes. Thank you, Jose. I know he was here earlier. He couldn't wait. Commissioner Reyes: Thank you, Jose, and I am -- honor to be together with my fellow Commissioners, you see, that one way or the other, one more than others, we City of Miami Page 132 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 all have endured discrimination, name calling, and all of that because I've been called. One day somebody called me, (UNINTELLIGIBLE) and said I've been called anything but white. (UNINTELLIGIBLE) Cuban, spic, greasy, wetback and we all have endured that and there's no in need for it. We have to be on the right side of history, and we have to do whatever it is possible to eliminate all kinds of discrimination and, and bullying or attacks, and then -- any people from any race, religion, or political affiliation. Vice Chair Russell: Thank you. And my final comment, this is something that's been going on for a long time. But during COVID, because of the origins of this disease, Asian -Americans have experienced discrimination. People don't know where to lash out. They don't know who to blame for this virus. And so Asian -Americans have been the brunt of this in the last -- Commissioner Reyes: You are absolutely right. Vice Chair Russell: -- 12 months, 3,900 incidents have occurred of discrimination against Asians. 68 percent of them were verbal abuse, such as the one on the bus. 11 percent of them escalated into violence. It's a lot and, it's not a small thing. I've talked with Katherine Fernandez -Rundle our numbers aren't that high here in Miami Dade. Our Asian -American population isn't that high in Miami Dade, but it is significant. There are a few dozen hate crimes every year. And it's worth speaking out about, its worth being an example for us thank you again. Is there any further discussion before I close Public Comment? Commissioner Watson: Yeah. I do -- Vice Chair Russell: Yes, Mr. Watson. Commissioner Watson: -- let me -- I just wanted to say if you were not here this morning or saw the proceedings, Mr. Chen believes in his heart, he's an American, and he dedicated his life after living through cancer and now organically has grown a company dedicated to that issue, and his family, his sons a doctor and has 100 operations around the country. Clearly, there's a lot of people with reasons to be mad at somebody else for something other than what they should be mad about. But there's a lot of Asian -Americans who are contributors to our country, and clearly should not be attacked for no apparent reason, just because of who they are and what they look like. And so clearly, I'm glad to be a part and supporter of your legislation. Vice Chair Russell: Thank you. And you know, there's one less -- I apologize, I don't mean to stretch this out. There's one last thing I have to say because people think of racism as an angry, ugly, loud person. And sometimes it comes from miscommunication and fear. Less than a year ago, at the beginning of the pandemic, but before schools were shut down, I was driving my two daughters to school. One is six years old; one is eight years old. They are Sansei, it's called in Japanese. Third generation My mother's Issei first generation, I am Nisei, they are Sansei Japanese American. And one of them said from the back of the car, `Daddy make sure you stay away from Chinese people. They have the virus. " And I almost hit the brakes because my Japanese American daughters were afraid of Chinese people. And that was a teachable moment for not only my ability to teach them, but for me as well, this is the innocent speaking, that unless you take a conscious effort to stand against the discrimination and misunderstanding it is insidious. It can seep into our culture accidentally, even to the most innocent. So thank you again. Is there any further discussion? Commissioner Reyes: No. City of Miami Page 133 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 NA.4 8828 City Commission Vice Chair Russell: All in favor of the item, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed. Motion passes. Thank you, that's PI.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE NOISE PROHIBITIONS FOR MUSIC WEEK 2021 RELATED EVENTS PURSUANT TO SECTIONS 36-5(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "SAME - HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS ON CITY -OWNED PROPERTY; RELAXATION", FOR RELATED EVENTS TO BE HELD AT 298 NE 61 STREET, MIAMI, FLORIDA 33137 FROM MARCH 25, 2021 THROUGH MARCH 29, 2021 FOR MUSIC WEEK. ENACTMENT NUMBER: R-21-0131 MOTION TO: Adopt RESULT: ADOPTED MOVER: Jeffrey Watson, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For additional minutes referencing Item Number NA.4, please see "Order of the Day." Vice Chair Russell: Commissioner Watson, you have PL2, a D5 (District 5) pocket item regarding noise waiver. Would you like to move that item? Commissioner Watson: Yes. (UNINTELLIGIBLE) annual event that takes place -- Commissioner Carollo: What item is that? Vice Chair Russell: This is PL2. Commissioner Carollo: PI? Vice Chair Russell: A resolution of the Miami City Commission waiving the noise prohibitions for music week 2021. Commissioner Reyes: Move it. Vice Chair Russell: It's been moved by Commissioner Watson, seconded by Commissioner Reyes: Is there any further discussion on this item? Hearing none, all in favor, say "aye." The Commissioner (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on PL2. City of Miami Page 134 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 NA.5 8829 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), FOR CONSIDERATION AT THE CITY OF MIAMI GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2021, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO SET FORTH A PROCEDURE, COMMENCING IN NOVEMBER 2021, FOR SELECTING AND APPOINTING THE POSITIONS OF FIRE CHIEF AND POLICE CHIEF AND REQUIRING APPROVAL BY A MAJORITY OF CITY COMMISSIONERS WITHIN FOURTEEN (14) DAYS OF ANY SUCH APPOINTMENT; MORE PARTICULARLY BY AMENDING SECTION 4(D) AND SECTION 26 OF SAID CHARTER; FURTHER DIRECTING THE CITY ATTORNEY TO PRESENT SAID AMENDMENTS TO THE CITY COMMISSION AT THE JULY 8, 2021, CITY COMMISSION MEETING FOR APPROVAL. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item NA.5 was continued to the April 22, 2021, City Commission Meeting. Vice Chair Russell: We've gotten PL 1, P12, P15, P14. P13 is Commissioner Reyes's item. Charter amendment Commissioner Reyes: Defer it. Vice Chair Russell: Which date, please? Commissioner Reyes: The 15th. Vice Chair Russell: The -- either the 18 -- Commissioner Reyes: 22. The 22. Vice Chair Russell: Defer PL3 to April 22. Commissioner Reyes: Yes. Vice Chair Russell: That's a motion, seconded by the Chair. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on PL3. City of Miami Page 135 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 NA.6 8823 City Commission ORDINANCE (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER 40/ARTICLE I/SECTION 40-1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PERSONNEL/IN GENERAL/REGISTRATION AND FINGERPRINTING -GENERALLY," BY PROVIDING A MINIMUM QUALIFICATION STANDARD FOR EMPLOYMENT IN AN ELECTED OFFICIALS OFFICE AND PROHIBITION ON DOING BUSINESS WITH CERTAIN COMPANIES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13979 MOTION TO: Adopt as an Emergency Measure RESULT: ADOPTED AS AN EMERGENCY MEASURE MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Watson NAYS: Diaz de la Portilla Note for the Record: Item NA.6 passed as an Emergency Ordinance with two roll calls. For the first roll call, a motion was made by Commissioner Carollo, seconded by Commissioner Watson, and was passed by the following vote: AYES: Commissioners Russell, Carollo, Reyes and Watson; NOES: Commissioner Diaz de la Portilla to pass NA.6 as an Emergency Ordinance. The second roll call to pass NA.6 as an Emergency Ordinance is reflected above in the vote result box located underneath the enactment number. Note for the Record: For additional minutes referencing Item Number NA.6, please see "Order of the Day." Commissioner Carollo: Let's proceed. I have an ordinance that -- I am bringing this forward because I, nor any member of this Commission, should be placed in the same pot as Mr. Diaz de la Portilla wants all to be in and I am putting this ordinance forward for the integrity of this body now and in the future. Now, Madam City Attorney, would you like to read it? It's an emergency ordinance, first and second reading. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: This is PL4, Commissioner? Commissioner Carollo: This is a part -- Vice Chair Russell: Pocket Item Number 4, which has the amendment in Section D that you referenced earlier. Commissioner Carollo: Well, yeah. It's in Section D. Absolutely. Victoria Mendez (City Attorney): The amendment is: "Elected officials are prohibited from hiring or retaining the services of any person employee who is on probation and/or under criminal investigation. Likewise, elected officials are prohibited from hiring or retaining the services of any consultant on probation and/or under criminal investigation." That would be an amendment to Chapter 40. City of Miami Page 136 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Carollo: I make a motion. You need to read anything else or not? Ms. Mendez: It would be a vote on this, and then -- Commissioner Carollo: Yes. Ms. Mendez: -- I'd have to read it again, and then another vote. Commissioner Carollo: Okay. I make a motion on this. This is an ordinance to protect the institution of Commissioner in the City of Miami. Vice Chair Russell: There's been a motion. Is there a second? Commissioner Watson: Second. Vice Chair Russell: Seconded by Commissioner Watson. Commissioner Carollo, what is the emergency nature of the ordinance? Commissioner Carollo: Emergency nature of the ordinance, Commissioners, as you heard, in a few days you will have an individual that is alleged by our executive director in the Omni CRA and by other employees that she would not come into work, that they were forced to hire her, and even made other statements. The -- Commissioner Diaz de la Portilla: Another lie. Commissioner Carollo: -- three or four times that she was there. Now 1 for one, am not going to sit back and see that Mr. Diaz de la Portilla is going to keep playing what he has done since he's gotten here, does what he pleases, total disregard for -- Commissioner Diaz de la Portilla: Another lie. Commissioner Carollo: -- all the rules -- Commissioner Diaz de la Portilla: Another lie. Commissioner Carollo: -- what he does. And he's going to stain the name of the institution of Commissioner of the City of Miami if further -- Commissioner Diaz de la Portilla: You've done that already. You've done that already, Commissioner. You've done it for 40 years, sir. Commissioner Carollo: And -- yeah, that's -- Commissioner Diaz de la Portilla: You've done it for 40 years. Commissioner Carollo: -- and that's why you've used me to run your campaign and -- Commissioner Diaz de la Portilla: You -- you -- you -- Commissioner Carollo: -- and more. Commissioner Diaz de la Portilla: -- you've done it for 40 years, Commissioner. Vice Chair Russell: One at a time, please. Commissioner Diaz de la Portilla: You're the one that's staining the name of the Commission. You're engaged in character assassination. City of Miami Page 137 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: You cast aspersions on people. You attack people publicly. You're famous for it. You're known for it. It's your MO (modus operandi). You're doing it again, but this time you're doing it to an innocent. That's cowardly. Commissioner Carollo: You make me want to vomit. Commissioner Diaz de la Portilla: And you're doing this to an innocent -- Commissioner Carollo: You make me want to vomit. Commissioner Diaz de la Portilla: -- an innocent woman. That's what you're doing. Commissioner Carollo: You have no conscience. Commissioner Diaz de la Portilla: You are famous for it. Commissioner Carollo: You have no heart. Commissioner Diaz de la Portilla: You are famous for it. Commissioner Carollo: You are the lowest thing -- Commissioner Diaz de la Portilla: Why are you screaming? Commissioner Carollo: -- that I have seen in politics -- Commissioner Diaz de la Portilla: Why are you screaming? Commissioner Carollo: -- that do not deserve -- Commissioner Diaz de la Portilla: Why are you screaming? Commissioner Carollo: -- to hold public office. Vice Chair Russell: Gentlemen. Commissioner Diaz de la Portilla: Why are you losing control? Vice Chair Russell: Gentlemen, order, please. Decorum and -- Commissioner Diaz de la Portilla: Why are you losing control? Vice Chair Russell: -- decorum and one at a time. Now, as acting Chair -- Commissioner Carollo: I've acted. Commissioner Diaz de la Portilla: I want to go through -- Commissioner Carollo: Can I get the motion, sir? Vice Chair Russell: You have a motion, and there is a second. Commissioner Carollo: I can speak to -- City of Miami Page 138 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Diaz de la Portilla: And help you recognize -- Commissioner Carollo: -- why it is. Commissioner Diaz de la Portilla: -- a debate. But I'll be recognize in debate when you're ready, Mr. Chair. Vice Chair Russell: There's been a motion. There's been a second. For my part, I only know what I've read in the paper, and we're talking a lot about accusations and unfounded accusations. The ones that have bothered me and I would like to hear more about are the accusations against the directorship of the Omni CRA. You've said that you hired this person to watch them over your suspicions, and I would like to know what you are accusing the director and the assistant director of specifically and what evidence you have to make those allegations. Commissioner Diaz de la Portilla: What I'm requesting is that the auditor general look into it, and I will provide the auditor general the information that I have. Because again, I am not a judge or executioner. I believe in due process. I believe people are entitled to have a conversation and a real investigation to find out what's happening and what's really happened. I don't believe that you do things to convict people without due process, that people have a right to be considered innocent until proven guilty. So, I do not publicly state the details of what I may or may not know. But I will tell you that when I sit down with the auditor general, I will outline the -- a number of things that have concerned me about the operations of the Omni CRA. That auditor general can then determine what those actions were -- whether they were improper or whether it was just the course of doing business or not. So, I'm not accusing anyone. I'm not doing any motions, or I'm not trying to change a code without allowing people due process. And that's what's -- that's what -- that -- Vice Chair Russell: Commissioner, I agree with you completely. Commissioner Diaz de la Portilla: -- that's what, frankly, makes me angry. You can't just stand up here and because you have power say, "You're guilty. You're this, you're that, you're this." Come on. You can't cast aspersions on people's character without going through a process. Vice Chair Russell: Commissioner, I agree with you completely, and that is why I'm asking you why you, in the press, have made accusations -- Commissioner Diaz de la Portilla: In the press, I -- Vice Chair Russell: -- of Director Jason Walker -- Commissioner Diaz de la Portilla: I'm responding -- Vice Chair Russell: -- and his -- Commissioner Diaz de la Portilla: -- I'm responding. I responded in the press. Again, we don't have a trial by press. I responded in the press to some accusations that Mr. Walker made about Ms. Nilo which were not true. Among those accusations he said that she was working in my brother's campaign. That's a lie. Among those accusations was that she didn't show up to that office. That's true because she wasn't working out of that office. She was working out of my Curtis Park office or my Allapattah office. It's also true that there were two cases of COVID-19 in the Omni CRA during that period. I separated my employees. It's also true that when we started with her being a liaison between the commission office and the Omni CRA, that we will begin more economic development issues as we move. forward, and COVID-19 hit, and we shifted City of Miami Page 139 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 all our employees to food distribution, testing, mask distribution, vaccinations, all the things that we all did -- that we all did collectively to help our constituents, and she was involved in those efforts. And my Twitter account reflects that, that she was involved in those efforts. No one in the CRA, by the way, ever showed up to one food distribution other than Jenny Nilo, no one. No one. And in those 11 months that Jenny Nilo worked for the Omni CRA, Mr. Walker called her twice: When he first hired her and two days ago when he told her -- not when he fired her, but when he told her, "Oh, the press is inquiring about you. " And never in-between did he ever call her. Why didn't he call her? Because at the beginning when I spoke to Mr. Walker, I said, "Jenny Nilo is going to be working out of the Curtis Park office or the -- one of my offices, and she'll be coining here, in and out, but she'll be working out of the Curtis Park office. " And what she was working on with me was an expansion of the Omni CRA into the Allapattah area. And that's the role that I wanted her to play on a moving forward basis. All that got delayed when COVID hit because we shifted our priorities and our focus. If Mr. Walker was concerned -- and, again, I hate to do this because I don't want to -- I'm not putting Mr. Walker on trial. I think it should just be looked into and people make a determination. Vice Chair Russell: Commissioner, you -- Commissioner Diaz de la Portilla: Well, let me finish. Vice Chair Russell: My point though is -- Commissioner Diaz de la Portilla: I'm not finished. Vice Chair Russell: -- that you didn't. Commissioner Diaz de la Portilla: Well, I can't finish -- as -- while Mr. Walker -- and Mr. Walker was her supervisor. Why didn't -- and he was concerned about her not showing up. Why didn't Mr. Walker call her on the second day that she didn't show up and say, "Hey, why are you not showing up? " He didn't call her because he knew that she was working under the other office. That's why he didn't call her. Because any supervisor would have called an employee who doesn't show up one day and say, "Hey, what happened?" That's what happened. And then to turn this into a different kind of argument about a no-show employee and a ghost -- it's a lie. Because I have evidence -- and we also have cameras in our offices. I have evidence that Ms. Jenny Nilo worked every day of the week from the day she was hired, including Saturdays and Sundays, in distribution of food and other things that -- many things, the constituent work that we did every single day, tirelessly. That she didn't go to that office? Well, I don't know. That don't -- I had told Mr. Walker. So when Mr. Walker made the public accusations that are lies --,first of all, that reporter sitting back there, Ms. Erika Carrillo (phonetic), right there. He led her into the office, showed her an empty office with a cameraman there. Maybe had been a different cameraman. She -- took her to the office. They filmed an empty office because she never used that office. But I told her, go to Curtis Park and you'll see Jenny Nilo's office, and go to Allapattah NET (Neighborhood Enhancement Team), or the old NET, and you'll see Jenny Nilo's office. So, Jenny Nilo is a always -show -up employee. When Mr. Walker did that and when Mr. Walker cast aspersions on what Mr. Nilo [sic] was doing -- Mrs. Nilo was doing. I'm sorry. That's when I responded that I already knew some things to clarify the record, that maybe he's try -- he's the one that's trying to change and refocus the attention. Vice Chair Russell: So, in response to his accusation, you accused him? Commissioner Diaz de la Portilla: I already knew it. I used -- I'm not a snitch. What I'm going to do -- I'm not a snitch. We have plenty of snitches here. I don't have to be City of Miami Page 140 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 one of them. What I'm going to do is I'm going to request -- direct our auditor general to look into the activities on contracts, perks, and benefits of the Omni CRA in the last four years, in the last four years, and if there was any improprieties or any benefits that any employee of the Omni CRA, including Ms. Nilo, received. Everyone. I'm not going to do it to your CRA because you weren't there, Commissioner Watson. I'm not going to do it to the Downtown Development Authority. I'm also going to request it out of the Bayfront Park because I also know some things there that have also come to light. That's why the Herald did an editorial on it, right? That's why there's two articles on it. Because that's the only -- not the only thing that people are writing about, to see what that single better deal is at the Bayfront Park. Commissioner Carollo: My God. You're a walking -- Commissioner Diaz de la Portilla: That's what I'm going to do. Commissioner Carollo: -- you're a walking comedy. Commissioner Diaz de la Portilla: Oh, yeah, no, no, the -- you're the comedy. Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: Actually you're a tragedy. And a tragedy for the City of Miami -- Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: -- if you continue to do the same thing. I thought that, after 17 years of being away, that you will come back and act like an elder statesman. But you're doing the same thing you've always done. You character assassinate, you attack people when they don't fit your thing. I will tell you -- and I won't say it publicly because I don't want to go too far. But I will tell you that she helped you once on her days off. She helped you on your days -- on her day -- on Sundays. Commissioner Carollo: But I'm going to tell you -- Commissioner Diaz de la Portilla: On Sundays, she knocked on doors -- Commissioner Carollo: Yeah, but I'm going to -- Commissioner Diaz de la Portilla: -- to rescind your petitions -- Commissioner Carollo: But Pm going to -- Commissioner Diaz de la Portilla: -- when you were being recalled. Commissioner Carollo: But I'm going to tell you -- Commissioner Diaz de la Portilla: She knocked on doors to rescind -- Commissioner Carollo: I'm going to tell you -- Commissioner Diaz de la Portilla: -- your petitions when you were being recalled. Commissioner Carollo: What I'm going to tell you -- City of Miami Page 141 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Diaz de la Portilla: You should call her and tell her, you know what? Thank you. Commissioner Carollo: What I'm going to tell you more, Commissioner -- Commissioner Diaz de la Portilla: For free. For free. Vice Chair Russell: One at a time, please. Commissioner Carollo: Yeah. For free. Okay. Commissioner Diaz de la Portilla: For free. Commissioner Carollo: For free. Commissioner Diaz de la Portilla: Yes. On Sundays. Commissioner Carollo: Commissioner -- Commissioner Diaz de la Portilla: And I have evidence and pictures of her knocking on a door -- Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: -- to rescind your petitions. Commissioner Carollo: Yeah. The -- Commissioner Diaz de la Portilla: I got you the volunteers to get 402 petitions rescinded -- Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: -- from your recall with volunteers on weekends, and she helped you. And Jenny Nilo was one of those people. Commissioner Carollo: Okay. Alright. Commissioner Diaz de la Portilla: And look what you're doing to her now. Commissioner Carollo: Tell me when you're done so I can answer you. Commissioner Diaz de la Portilla: I'm not done. Look at what you're doing to her now. Commissioner Carollo: Well, yeah. Yeah. What I'm doing to her now. What -- Commissioner Diaz de la Portilla: Yeah. Commissioner Carollo: What have I done -- Commissioner Diaz de la Portilla: You're assassinating -- Commissioner Carollo: -- Commissioner? Commissioner Diaz de la Portilla: -- her character without any evidence. Let her go through a process. City of Miami Page 142 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Carollo: What did I say? What did I say? Unlike what you said -- Commissioner Diaz de la Portilla: You mentioned her by name -- Commissioner Carollo: Unlike what you said on Jason Walker. What have I said? Commissioner Diaz de la Portilla: You mentioned -- Commissioner Carollo: Pm looking -- Commissioner Diaz de la Portilla: This is not a -- Commissioner Carollo: -- for the evidence. Commissioner Diaz de la Portilla: This is not a -- Commissioner Carollo: I'm looking to get the video. Commissioner Diaz de la Portilla: So am I. Commissioner Carollo: Because the videos won't lie. Commissioner Diaz de la Portilla: Then wait for the evidence, if there is any, and then Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: -- and then you can make a decision. But don't he an executioner. Commissioner Carollo: There's plenty of evidence already that something's wrong. Commissioner Diaz de la Portilla: No, nothing's wrong. Commissioner Carollo: And I believe Jason Walker. I believe the other people that are working there over you any day. Commissioner Diaz de la Portilla: That's fine with me. And I believe them over you too, believe it or not. I don't care what you believe. What I care is the truth -- about the truth. Commissioner Carollo: Yeah. But -- Commissioner Diaz de la Portilla: My -- your opinion on what you believe is irrelevant to me. Commissioner Carollo: You are -- Commissioner Diaz de la Portilla: What's relevant to me is the truth. Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: The truth. And we'll get to it. But don't assassinate people's characters. You've done it here on countless times. Commissioner Carollo: What did I say about her character, Commissioner? City of Miami Page 143 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Diaz de la Portilla: Okay -- Commissioner Carollo: What did I say about her character? Commissioner Diaz de la Portilla: That she didn't show -- Commissioner Carollo: What -- Commissioner Diaz de la Portilla: -- up. Commissioner Carollo: I'm saying the allegations that are being made. Commissioner Diaz de la Portilla: There are no allegations. There'd be -- Commissioner Carollo: Oh, there are no allegations? So, this is all made up? Commissioner Diaz de la Portilla: They're allegations, but that's what they are. They're allegations. Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: They're not proof. They're not evidence. No video. And you're implying in your tone and what you said, it's like it's factual, and it's not. Commissioner Carollo: Okay, well -- Commissioner Diaz de la Portilla: And it's not fair. Commissioner Carollo: Let me -- Commissioner Diaz de la Portilla: And I was born, and I was raised, since I was a kid, to believe that you have to be just in life. You know what? It would've been easier for me to say, you know what, Jenny Nilo, you're fired. That would have been easier. You know when you do something wrong? Well, she didn't. But you're fired and wash my hands with it. I didn't do that. I don't back away from people. I don't turn my back on them. I don't betray them. I don't betray them. And I don't cast the first stone, Commissioner, okay? Like you do. It is wrong. It is wrong to attack an innocent, a defenseless person -- Commissioner Carollo: You're -- Commissioner Diaz de la Portilla: -- without any evidence. Without any evidence. Commissioner Carollo: You're -- Vice Chair Russell: So I just -- Commissioner Carollo: You're a victim, Commissioner. Commissioner Diaz de la Portilla: No, Pm not a victim. Commissioner Carollo: You're a victim. Commissioner Diaz de la Portilla: She is. She is. Commissioner Carollo: Oh, okay. City of Miami Page 144 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Diaz de la Portilla: And you're the victimizer. Commissioner Carollo: Yeah. Yeah. Yeah. Oh, I'm the victimizer? Commissioner Diaz de la Portilla: You are. Vice Chair Russell: Commissioners -- Commissioner Carollo: Let me just say this before we could go on. Because this is the game that he's going to play with everybody. Anytime that something comes up, he's going to try to turn it around to attack the other person, change things around. And I'm only bringing this up now because he brought it up. And we're going to have a lot more time to get into this because I'm going to make sure we have it. But I'm not going to delay the things that we have to do today. And you all can decide. You mention, Commissioner, allegations from people in the CRA, of what they claim that she told them on your brother's campaign. Well, you're forgetting that when I first met Jenny Nilo, it was around July. I didn't know who she was. I didn't know who she worked for until much, much, much later. She was sent to my home on at least three or four occasions during working hours, Monday through Friday -- Commissioner Diaz de la Portilla: That's not true either. Commissioner Carollo: -- to deliver checks from your brother's campaigns -- Commissioner Diaz de la Portilla: That's not true. Commissioner Carollo: -- so that land my wife, that were spending all our time in helping him -- Commissioner Diaz de la Portilla: That's not true. Commissioner Carollo: -- to help you, could get those checks -- Commissioner Diaz de la Portilla: That's not true. Commissioner Carollo: -- to Univision, to Telemundo, to America TV. I know you're going to say that's not true. Commissioner Diaz de la Portilla: It's a lie. Commissioner Carollo: But that's where I, first met her. I didn't know who she was. In fact, I remember one day, in the morning, that it was raining so hard, and she was out there waiting until it stopped to bring in the check. And I'm going to further tell you that her phone records -- Commissioner Diaz de la Portilla: Yes. Commissioner Carollo: -- they could be traced from place to place where she was at, Commissioner. Commissioner Diaz de la Portilla: Yes. And your phone records too. Commissioner Carollo: Yes, that's right. Commissioner Diaz de la Portilla: Yes. City of Miami Page 145 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Carollo: Absolutely. Commissioner Diaz de la Portilla: We'll trace them all. Commissioner Carollo: Absolutely. Now -- Commissioner Diaz de la Portilla: And I'll see exactly what happened. Commissioner Carollo: Now -- Commissioner Diaz de la Portilla: Because I know exactly what happened. Commissioner Carollo: Let me -- Commissioner Diaz de la Portilla: But, again, I don't cast aspersions. Commissioner Carollo: Yeah. Well -- Commissioner Diaz de la Portilla: I don't lie. I don't -- Commissioner Carollo: No, no, no. Commissioner Diaz de la Portilla: -- do character assassination. Commissioner Carollo: You're -- Commissioner Diaz de la Portilla: Pm not a jury, and -- Commissioner Carollo: You're -- Commissioner Diaz de la Portilla: -- I'm not a judge. Commissioner Carollo: You're a saint, but everyone -- Commissioner Diaz de la Portilla: No, I'm not a saint. I'm not a saint -- Vice Chair Russell: Please stop. Commissioner Diaz de la Portilla: -- but I'm not a bad human being. Vice Chair Russell: Please stop. Gentlemen. Commissioner Diaz de la Portilla: I'm not a bad human being. Commissioner Carollo: If I -- Vice Chair Russell: Gentlemen. Commissioner Diaz de la Portilla: You have a history of doing this. Commissioner Carollo: IffI could move on. Commissioner Diaz de la Portilla: You have City employ -- Commissioner Carollo: Chairman, can I move on -- Commissioner Diaz de la Portilla: You have City employees here. City of Miami Page 146 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Carollo: -- with this? Commissioner Diaz de la Portilla: You have City employees here. Commissioner Carollo: I call the question. Vice Chair Russell: Gentlemen. Gentlemen. Commissioner Carollo: I call -- Commissioner Diaz de la Portilla: You can't call any question. Commissioner Carollo: -- the question. Commissioner Diaz de la Portilla: It's a debate. Commissioner Carollo: Chairman. Commissioner Diaz de la Portilla: You can't call any question. Commissioner Carollo: I call the question. Commissioner Diaz de la Portilla: A point of personal privilege. Vice Chair Russell: Question has been called. Commissioner Diaz de la Portilla: You -- no, a point of personal privilege. Commissioner Carollo: I'm calling the question. Vice Chair Russell: The question has been called. Commissioner Carollo: I'm calling the question. Vice Chair Russell: There is a motion to call the question. Commissioner Carollo: He -- Commissioner Diaz de la Portilla: No. Commissioner Carollo: He's trying to do this so we cannot -- Commissioner Diaz de la Portilla: A point -- Commissioner Carollo: -- vote on anything today. Commissioner Diaz de la Portilla: A point of personal privilege. Vice Chair Russell: Sorry. Please stop discussion. Commissioner Diaz de la Portilla: A point of personal privilege. Vice Chair Russell: I just need -- Commissioner Carollo: I've called the question. City of Miami Page 147 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Vice Chair Russell: -- to know the will of this body to call the question. Please vote now. All in favor of -- Commissioner Diaz de la Portilla: You can't do that. Vice Chair Russell: -- taking the vote, say "aye." Commissioner Carollo: Aye. Vice Chair Russell: Aye. Any opposed? Commissioner Diaz de la Portilla: No. A -- Vice Chair Russell: You would like to continue discussion. Commissioner Diaz de la Portilla: A point of personal privilege -- Vice Chair Russell: The question has been called. Commissioner Diaz de la Portilla: -- prevails over -- Commissioner Carollo: There is no -- Vice Chair Russell: I will recognize you. The question has been called. There is a motion. There is a second. All in favor of the item, say "aye." Commissioner Carollo: Ave. Vice Chair Russell: Any opposed? Commissioner Diaz de la Portilla: No. Vice Chair Russell: The motion passes. You're recognized. Commissioner Diaz de la Portilla: Point of personal privilege. There is a problem when you pass a local bill of attainder that specifically targets one individual. But we know that Commissioner Carollo has previously targeted one individual. And what happens is that, when you pass a law that targets one individual, one person, and you don't take into account other individuals that also bring into question the character of this Commission; that also bring into question the integrity of this Commission, then we have an issue because you're only targeting one individual who is on probation. So if someone committed a felony 10 years ago and is no longer on probation, they can be hired in the City of Miami. Let's say he committed a really bad felony. But if someone committed a lesser felony, a nonviolent felony, and they are still on probation, instead of creating all this probationary employment until they're out probation, that person cannot be hired. So it's discriminatory, and it goes against the US Constitution that you're selectively picking some people over other. You're cherry - picking is what you're doing. It's a local bill that attainder is what you're doing. It's an ex post facto law that impacts one individual because somebody wants to make a political point during an election year. So I didn't want to mention any names because that's not who I am, but sometimes, with bullies, you've got to fight back, right? So there's an employee here that -- there's three employees in Commissioner Carollo's office, three, that have been arrested. Three. One of them for solicitation of prostitution, but I am a man who doesn't like to hurt innocents, so Pm not going to say his name. Another one for disorderly conduct and intoxication, and a third one that you fired after a while, after she crashed on the way over here.for being drunk or City of Miami Page 148 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 driving drunk. Commissioner Reyes, you too. You have an employee who has a record in your office. Commissioner Reyes: You are low, man. Commissioner Diaz de la Portilla: No. You're the one that's low. Commissioner Reyes: No, no. You're -- Commissioner Diaz de la Portilla: No. And I have the floor. Commissioner Reyes: You're worse than low. Commissioner Diaz de la Portilla: Because you think that it's okay to humiliate other people and embarrass other people and innocents. Commissioner Reyes: You're embarrassing. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: Gentlemen, this needs to stop. Commissioner Diaz de la Portilla: No. It's a point -- Commissioner Reyes: No, no, no. Commissioner Diaz de la Portilla: ofpersonal privilege. Commissioner Reyes: No, no, no. Vice Chair Russell: You are making personal attacks -- Commissioner Diaz de la Portilla: I'm not. Vice Chair Russell: -- without mentioning names. Commissioner Diaz de la Portilla: I'm not. I haven't mentioned any names. The personal attacks -- Commissioner Reyes: I never thought that you were -- Commissioner Diaz de la Portilla: There's another employee -- Commissioner Reyes: -- so petty and so low. Commissioner Diaz de la Portilla: There's another employee, which I'm not going to mention, and there's another employee, and there's another employee. There's six of them, okay? Vice Chair Russell: The ordinance is with regard to active investigation and probation -- Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: There is no investigation and probation, but it should be about anybody with a criminal record. City of Miami Page 149 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Vice Chair Russell: But it's not. Commissioner Diaz de la Portilla: But it's a point of personal privilege. That's why it's not about the ordinance. It's a point of personal privilege. Look up Robert Rules of Order. Commissioner Reyes: May I -- I will say an attack -- Commissioner Diaz de la Portilla: It's a point of personal privilege is very simple. You -- Commissioner Reyes: You are -- Commissioner Diaz de la Portilla: It's a point of privilege. So what happens? What happens is that you target a law against one individual, but you hire a whole bunch of people with records that have been arrested and you don't talk about them, and that's morally wrong. It doesn't matter what you pass, or you don't pass. It doesn't matter if you have the votes or don't have the votes. The morality of it is wrong. If you believe that you don't want to tarnish the image of the Miami City Commission and all that crap, you know what? You apply it equally across to everyone. Or, if you believe that every human being is entitled to a second chance, which I do -- that's why I didn't mention names. If you believe that every human being is entitled to a second chance to -- for redemption, for rehabilitation, for reincorporation into society and to improve their lives and their lot on life, like I do, then you're fair across the board. But you can't selectively, because you don't like someone or you don't like a particular politician, attack someone. So who's low? The low people are the ones that are attacking the one individual without applying the same rules to everybody else. Those are the -- and that's my point of personal privilege. Vice Chair Russell: Thank you. Commissioner Reyes: May I -- Vice Chair Russell: Noted. Please. Commissioner Reyes: Let me say something. Vice Chair Russell: You're recognized, Mr. Reyes. Commissioner Reyes: Let me say something. Because I heard a lot of things about him, but I never believed it until now. My God. I'm not -- I'm really surprised. I never attack anybody. I never said anything. And yes, I have a person that works for me, when he was 20 years old, made a mistake. And since that time, that person has -- I mean, he has more decency and honesty in one hair than you have, Commissioner. And let me tell you -- Commissioner Diaz de la Portilla: See, that's a personal comment. Commissioner Reyes: That's -- it is. Check it as you will. Commissioner Diaz de la Portilla: You don't keep -- Commissioner Reyes: And there is another thing. Commissioner Diaz de la Portilla: You're famous, for not keeping your word. City of Miami Page 150 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Reyes: There is another thing. In this -- as I read this resolution, it doesn't deal with pre -- persons that had previous convictions. It's reads: people that are under parole and people that are under investigation. That's the only thing that it reads. Commissioner Diaz de la Portilla: Then hire them, and -- but do it -- Commissioner Reyes: I don't have nothing else to talk to you, now or ever. Commissioner Diaz de la Portilla: The same thing here because 1 was -- I've been very good to you, but you haven't kept your word -- Commissioner Reyes: I mean, that's low. Commissioner Diaz de la Portilla: You don't keep your word on anything. Vice Chair Russell: Is there a motion for second reading of ordinance PL4? Commissioner Carollo: No. I'm not done the -- yes. Vice Chair Russell: No, no, no. We need to read it. Commissioner Carollo: I'm sorry. Yes. Yes. There is a motion for a second reading. Vice Chair Russell: Moved by Commissioner Carollo. Commissioner Reyes: Second. Vice Chair Russell: Seconded by Commissioner Reyes. Is there any further discussion? All in favor, say "aye." Commissioner Carollo: Ave. Commissioner Reyes: Aye. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Thank you. All in favor, say "aye." Commissioner Reyes: Aye. Commissioner Carollo: Aye. Commissioner Diaz de la Portilla: Aye. Vice Chair Russell: Any opposed? Commissioner Diaz de la Portilla: I meant nay. Vice Chair Russell: One nay. Motion passes -- Commissioner Carollo: I have another -- Vice Chair Russell: -- on PL4. City of Miami Page 151 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 NA.7 8830 City Commission DISCUSSION ITEM DISCUSSION BY COMMISSIONER CAROLLO REGARDING A REPORTED INCIDENT INVOLVING THE OMNI COMMUNITY REDEVELOPMENT AGENCY AND REVISITING THE CHAIRMANSHIP POSITION OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY. rRESULT: DISCUSSED Note for the Record: For additional minutes referencing Item Number NA.7, please see "Order of the Day." Vice Chair Russell: Commissioner Carollo, were you suggesting to take up the PI items or the discussion items? I'm sorry, I didn't understand. Commissioner Carollo: Yes, the -- Vice Chair Russell: The discussion items were on the agenda, the PI items are the new pockets. Commissioner Carollo: Yeah. We have a couple of directors that I've asked the Manager to bring the item related to general discussions, reference the Omni CRA (Community Redevelopment Agency) and -- so they could move on if I could ask for them to come up. Vice Chair Russell: That's PI.5, the item you requested before lunch? Commissioner Carollo: Correct. Vice Chair Russell: Okay, we'll move to PI.5. Commissioner Carollo has a discussion item. You have the floor. Commissioner Carollo: Alright. Mr. Manager, can we have the Police Chief to come up, please and the HR (Human Resources) Director. Chairman, can I proceed? Vice Chair Russell: Yes. You have the floor, sir. Commissioner Carollo: Thank you. Chief I want to ask you a couple simple questions having to do with something that we call in City Government -- Ronald Papier.. Commissioner, I apologize it is very difficult to hear you, sir. Commissioner Carollo: I'm sorry. Let me get closer here. I'd like to ask you a couple of questions. I think pretty straightforward and simple with something that has come to all our attentions in particularly the last few days. And this has to do with a former employee at the Omni CRA, one named Jenny Nilo. My question is, is simple, to your knowledge, Chief does any section, group of the Miami Police Department have any active investigation on her? Mr. Papier: Yes, sir. Ronald Papier, deputy police chief As to my knowledge, the City of Miami Police Department does not have an active investigation right now on Ms. Jenny Nilo. Commissioner Carollo: Right. My second question is, is there an active investigation by the Florida Department of Law Enforcement? City of Miami Page 152 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Mr. Papier: My understanding is the Florida Department of Law Enforcement has a case. Their official comment is that they have received a complaint and they are reviewing it. Commissioner Carollo: Okay. So therefore, if this -- the reasons that I was asking these questions because as we all have read or heard, whether on newspapers or television, if there were videos that were made of this individual that were certainly clarified to us in particularly as member of the Commission, but in particularly as members of the CRA Board, if Ms. Nilo in fact was going to work or not. So if there is an active investigation, then I would not be able to place a public records request so we could get the information and make that determination. Mr. Papier: Right. If there was an active investigation that'll be exempt from public records until the investigation is closed. Commissioner Carollo: Okay. That was the question that I wanted to ask you. Mr. Papier: Yes, sir. Commissioner Carollo: Thank you very much. Mr. Papier: You're welcome, sir. Commissioner Diaz de la Portilla: I have a question for him. Chief an active investigation having received a complaint, let's say from a snitch, that may have no validity whatsoever, a fake snitch, is there a difference between a received complaint or an active investigation? Mr. Papier: So that's FDLE's (Florida Department of Law Enforcement) term, that that's their official comment exactly what they mean by that. I mean they would have to explain that. Commissioner Diaz de la Portilla: Right. Mr. Papier: When I say, for the Miami Police Department, an active investigation, we are not actively looking at someone, working them for a criminal case. Commissioner Diaz de la Portilla: So -- Mr. Papier: What FDLE means by that, I don't know. Commissioner Diaz de la Portilla: So, the City of Miami Police Department is not actively looking into Ms. Jenny Nilo, correct? Mr. Papier: That's correct. Commissioner Diaz de la Portilla: To your knowledge, is Miami -Dade County looking into Ms. Nilo? Mr. Papier: I don't know, sir. Commissioner Diaz de la Portilla: To your knowledge, is the State Attorney's Office looking into Ms. Nilo? Mr. Papier: I don't know about that. City of Miami Page 153 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Diaz de la Portilla: To your knowledge, is the FBI (Federal Bureau of Investigation) looking into Ms. Nilo? Mr. Papier: Same answer, sir. I don't know. Commissioner Diaz de la Portilla: So, the only thing you know, or you're -- you can't speak on behalf of the Florida Department of Law Enforcement, right? You can only say that they have a complaint of somebody, someone who knows who -- someone has called and said, "Hey, something bad happened here, " and they open a file. That's what a complaint is; isn't it? Mr. Papier: When I checked with FDLE, that was their official comment on this case. Commissioner Diaz de la Portilla: And was this the official spokesman of the FDLE or somebody you know inside, or can you identify the person who told you that? Mr. Papier: They -- so -- in -- in full disclosure, the -- my -- I had my major of Internal Affairs call over there. I believe he spoke to the special agent in charge, which would be Troy Walker. But I -- I didn't have the personal conversation. Commissioner Diaz de la Portilla: He spoke to who? Mr. Papier: To special agent in charge of FDLE, Troy Walker. But I didn't personally have a conversation. My major of Internal Affairs did. Commissioner Diaz de la Portilla: So it -- so what you're reporting today to this Commission is hearsay. You did not speak to anybody at the Florida Department of Law Enforcement; am I correct? Mr. Papier: No. Not today. Commissioner Diaz de la Portilla: No. At -- at any day, did you? Mr. Papier: I speak to them all the time, but regarding -- Commissioner Diaz de la Portilla: No. No. No. No. No. No. No. Mr. Papier: -- alright. Regarding this ease. Commissioner Diaz de la Portilla: Let me be more precise. We're only talking about this case, right? Mr. Papier: Right. Commissioner Diaz de la Portilla: And so I mean let's talk about what we're talking about, right? Mr. Papier: Yes. Commissioner Diaz de la Portilla: You did not speak to anybody at the Florida Department of Law Enforcement? Mr. Papier: No. Commissioner Diaz de la Portilla: You said that your ma -- no, right? No? Mr. Papier: Correct. No. City of Miami Page 154 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Diaz de la Portilla: Okay. You say that your major spoke to a Mr. Walker at the Florida Department of Law Enforcement and they said that they had a complaint that someone called in, a snitch, called in and said, "Hey, this is going on. " That's what a complaint is? Mr. Papier: Yeah. They said they had a complaint and they're reviewing it. Commissioner Diaz de la Portilla: But that's what -- in your experience as a law enforcement official for how many years? Mr. Papier: I'm sorry? Commissioner Diaz de la Portilla: How -- how long have you been a law enforcement official? Mr. Papier: 27 years. Commissioner Diaz de la Portilla: 27 years. In those 27 years, what's a complaint? Mr. Papier: A complaint is someone calls and makes an allegation of some type of wrongdoing or whatever and that -- Commissioner Diaz de la Portilla: Someone calls in and makes an allegation? Mr. Papier: Yes. Commissioner Diaz de la Portilla: It's not that the law enforcement agency itself opens an investigation because they have evidence? It's just that someone calls in and say, "Hey, this person did something wrong?" Mr. Papier: Yes. Commissioner Diaz de la Portilla: That's what a complaint is? Mr. Papier: That's what a complaint is. Yes. Commissioner Diaz de la Portilla: And can you speak on behalf of the Florida Department of Law Enforcement? Mr. Papier: No, sir. Commissioner Diaz de la Portilla: Okay. Thank you. Mr. Papier: You're welcome. Commissioner Carollo: Again, Chief -- Commissioner Reyes: May I ask -- may I ask a question about a -- I want to clarify something through the Chair. Vice Chair Russell: Yes. Commissioner Reyes: When you say that somebody asked, I mean, make calls and makes an allegation, doesn't he have to present proof? Because now if I -- if I call and I said about any -- any -- any -- about you. I said, "Well, this gentleman is doing this, City of Miami Page 155 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 this, whatever, "hut that will immediately trigger an investigation, or I'd have to present some other type of -- of -- Mr. Papier: So, we're talking, like, hypotheticals is all -- not this case. But to answer your question, so anyone could call and make any type of allegation against anyone, right. But then it gets investigated and is either proven or disproven. Commissioner Reyes: But in order to start investigation, you don't need any -- any evidence? Mr. Papier: No. You just need someone to call in and -- and make an allegation. Commissioner Reyes: Just -- just a call and -- and would start an investigation? Mr. Papier: Yes. Commissioner Reyes: Probably, that's why we were investigated, Commissioner Carollo. Commissioner Carollo: The -- area that I'm trying to cover, Chief -- look, I think everybody up here knows how the system works, and it's obvious that anyone can file a complaint against anyone. It could be totally frivolous, or it could be totally solid, or anywhere in between. But law enforcement, responsible law enforcement, will look at it and if they find that it is frivolous, they won't move forward to the next step. Or they'll review it before it's an actual investigation and disregard it. If they feel that there's some validity to it, then they open up an investigation to try to confirm if in fact the information they'd been given is accurate or not. And I think that every one of us up here surely knows and understands that. The reason that I was trying to determine if there are any open investigations is so that we could avoid a lot of this, he said this, he said that, and go right to whatever was supposedly and has been reported that was filmed, and we can determine if there was a violation of our laws or not. If there was theft of services or not. And it would avoid a tremendous amount of discussion. Now, as -- I believe I heard you say, you said that FDLE, and you confirm, I believe, is conducting some kind of investigation. Or did I misunderstand you, Chief? Mr. Papier: It was my understanding regarding this, FDLE is involved. Commissioner Carollo: Okay. Mr. Papier: Now, exactly what they consider an investigation, a complaint, what they're reviewing, I can tell you what their official statement is. Commissioner Carollo: What is their official statement? Mr. Papier: That that they' have received a complaint and they are reviewing it. That - - that is their official statement. I mean, quite frankly, we -- we should be asking them and -- Commissioner Carollo: And which -- that means that if we would ask our city attorney to file a public records request, we're going to be told that it is exempt. And as you mentioned before, and it will be exempt because they are investigating it. Now, having said that I -- no. I don't think I need to ask you anything other, Chief. You, you know, have answered what you know. I -- I'd like to get the HR Director if she could come up. Thank you very, much -- Mr. Papier: You're welcome. City of Miami Page 156 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Carollo: -- Papier. And -- and before you go, let me thank you for having stepped in into a very, very difficult situation where you're the acting chief. 1 know it's not easy and I went to publicly thank you for the services that you're doing to the city. Mr. Papier: Thank you. I appreciate that. Commissioner Diaz de la Portilla: Chief I also want to thank you for the great work you've been doing because you've been sort of acting chief for a while now, right. So, I want to thank you for the --Jrothe great work you've been doing. Make sure you don't leave. 1 prob -- I have additional questions for you. But I want to hear from the HR Director first. Mr. Papier: Alright. Commissioner Diaz de la Portilla: Thank you, sir. Vice Chair Russell: Good afternoon. Commissioner Carollo: Angela, how are you? Angela Roberts (Director, Human Resources): Good afternoon. Angela Roberts, HR Director. Commissioner Carollo: What -- I'd like to ask you, Angela, is simple. Does -- well, have you received any kind of employment application from the former employee of the Omni CRA, Jenny Nilo? Ms. Roberts: We have not currently received an application from her yet, but we have requested one. Commissioner Carollo: Okay. So I -- I believe I understood that you said you have not received a current application yet? Ms. Roberts: No, sir. We have not. But we have requested one from her. Commissioner Carollo: You have requested one from her? Ms. Roberts: Yes, sir. Commissioner Carollo: Well, I'm -- I'm confused. Why would you request one from her? Ms. Roberts: Because we received an e-mail from Ignacio asking us to hire her. Commissioner Carollo: Okay. Ms. Roberts: And part of the hiring process is once the position is established in the system, we then reach out to the candidate and ask them for an application so we can -- that's the process of actually getting them into the Oracle system and creating a personnel file on the person. Commissioner Carollo: Fine. That's the -- that's fine for now. Stick around just in case we need to ask you something else. Now, this is to the Manager. Mr. Manager, City vehicles -- can elected officials assigned City vehicles to non -City of Miami employees? And if so, what is the process that has to be followed? City of Miami Page 157 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Mr. Noriega: So typically, the way the policy has been, and it's pretty consistent, is that any request for use of a City -assigned vehicle, specifically to a district office by an outside agency would require either a authorization from the manager, directly, or some type of MOU (Memorandum of Understanding). Commissioner Carollo: Okay. Do you know if we have any of those for Ms. Jenny Nilo? Mr. Noriega: No. There aren't -- there are no authorizations in writings or memo -- in the memo form nor are there any MOUs. Commissioner Carollo: Alright. I -- at this point, unless --1 might need to ask some additional questions. If somebody wants to ask any other questions, I have no other questions of any of you. So, if anybody else wants to ask. Commissioner Diaz de la Portilla: I have a question. I have a number of questions. Ms. Roberts? Ms. Roberts: Yes, sir. Commissioner Diaz de la Portilla: The hiring procedure in the City of Miami when somebody -- a Commissioner's office, or a chief of staff or a Commissioner's office, request that someone be hired, the normal process is that once that request is in place, then that's the official request, correct? Ms. Roberts: Yes, sir. Commissioner Diaz de la Portilla: And then you begin a process of application, so you do medical work and all these other things, right? But once a request is made, the request is made; is that correct? Ms. Roberts: Yes, sir. Yes, sir. That's correct. Commissioner Diaz de la Portilla: Mr. Manager, and then I have a question. That's all I need from you, Ms. Roberts. Mr. Manager, have you reviewed over the last 10 years the policies of the City of Miami before you arrived on the use of City vehicles by semi -autonomous agencies of the City of Miami? Mr. Noriega: Have I reviewed the last 10 years? No, sir. Commissioner Diaz de la Portilla: You have not. So, you're not aware of any situation where in the past, City assets, whether it be personnel or City assets, are used, office space, cars, personnel, are used and interchanged between agencies such as the Downtown Development Authority or the Bayfront Park Trust Management Fund [sic] or the Omni CRA or the or the Overtown Park West CRA, where people, employees, or cars or entities have been loaned to Commissioners or the other way round? Mr. Noriega: I'm not aware of it. Commissioner Diaz de la Portilla: You're not aware of it. Is today -- do you -- you know who Mr. Neil Shiver is? Mr. Noriega: Of course. Yes, sir. Commissioner Diaz de la Portilla: Who is he? City of Miami Page 158 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Mr. Noriega: Executive director of the Overtown CRA. Commissioner Diaz de la Portilla: I'm sorry, who is he? Mr. Noriega: Executive director of the Overtown CRA. Commissioner Diaz de la Portilla: He's deputy director of the Overtown CRA? Mr. Noriega: Ex -- executive Director of CRA. Commissioner Diaz de la Portilla: I'm sorry, executive director of the Overtown CRA? Mr. Noriega: Correct. Commissioner Diaz de la Portilla: Has Mr. Shiver been here today in this Commission meeting? Mr. Noriega: I saw him here. Yes, sir. Commissioner Diaz de la Portilla: And was he advising a current City Commissioner? Mr. Noriega: I'd have to ask the City Commissioner that question. He's behind you. I - Commissioner Diaz de la Portilla: Well, -- Mr. Noriega: I don't know if he's advising him or not. But that's up to him to answer. Commissioner Diaz de la Portilla: Well, he was talking to him. Mr. Noriega: No. No. I -- clearly, he can -- he's better suited to answer that question. Commissioner Diaz de la Portilla: Maybe they were talking about football. I don't know, but the -- Mr. Noriega: Yeah. Commissioner Diaz de la Portilla: -- the question's very clear. Mr. Noriega: Yeah. Commissioner Diaz de la Portilla: Is Mr. Shiver an employee of the Overtown CRA and is he also serving as a chief of staff to a City Commissioner? Mr. Noriega: He is absolutely an employee of the Overtown CRA. Whether he's acting in an official capacity as chief of staff to District Five, I can't confirm that. Commissioner Diaz de la Portilla: Is he working for the City Commission today? In every commission meeting since I -- since he's -- Mr. Noriega: You're asking -- you're asking me a question that quite frankly, I'm not privy to their specific relationship. He -- he's sitting right next to you. You might want to ask him. City of Miami Page 159 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Diaz de la Portilla: I know. I know. But I'm -- I'm saying what -- what you're seeing. He wasn't here when I asked a question. Mr. Noriega: Yeah. No. I -- I -- I -- it would be out of my place to answer the question specifically. What role he's playing specifically for the District Five Commissioner, I - - I'm not really privy to that. Commissioner Diaz de la Portilla: Alright. Thank you, Manager. I have a question for the City Attorney. Commissioner Watson: But I mean, what's your question? Commissioner Diaz de la Portilla: No. The question was whether Neil Shiver was employed by the -- by the Overtown/Park West CRA and whether he's working out of your City Commission office today? And I don't think there's anything wrong with that. That's the point. Commissioner Watson: But I mean -- Commissioner Diaz de la Portilla: That's the point. Commissioner Watson: But if nothing's wrong with it, why are you asking that question though? Commissioner Diaz de la Portilla: Because there was an assertion made that a City vehicle was used, that's why I'm going to ask the next question to the City Attorney, and which is, we talked about -- we spoke about this yesterday, which is their instruments and personnel, instrumentalities, I think you called them, and assets that are interchanged. For example, when I was elected, you sent me, City Attorney's Office, a -- you loaned me an employee, right? So in essence, there's one City, which is City of Miami, right? That's the umbrella. Under that City, there are semi- autonomous agencies, not autonomous, semi -autonomous, Bayfront Park, Downtown Development Authority, Overtown, Omni that fall under the same municipality. And it is a common practice that I've seen over the years that sometimes employees are loaned, for example, if you do a food drive in Domino Park, you can see Bayfront Park employees with their logos handing out food. If the Downtown Development Authority does an event, you have Downtown Development Authorities working with the Commissioner. The Chairman or that particular Commissioner; whether it's Commissioner Reyes in this case, or Commissioner Carollo, there's an interchange of employees because there's an efficiency involved in that. It saves taxpayer dollars. And that's why it's done. It's an umbrella. And then under the umbrella, which is the City of Miami, every other -- is every other agency, perhaps with the exception of Miami Parking Authority. So, if someone is named chairman of a particular entity, because it had this very long legal discussion with an outside lawyer, yesterday, to make sure that the point was correct. That's a very, very -- and a very prominent outside lawyer, not that I don't trust you, but I just want to make sure that I was -- I knew I was asking -- how I was asking a question, that is perfectly correct for that to happen. But those instrumentalities are used or assets or personnel, are many times interchanged between different offices to accomplish a common goal of serving our constituents. And there's nothing wrong with that. Tell me, Madam Attorney, if that's the case and your opinion. Ms. Mendez: Basically, we have in the past loaned personnel to other departments or offices. Normally there's an agreement that goes along with it to -- but -- but it is allowed to loan -- City of Miami Page 160 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Carollo: Yeah. But you're talking about City of Miami departments, madam. And what -- even those, some of these exchanges, they're exchanges that are very short-term. I don't know of any in 40-plus years -- Commissioner Diaz de la Portilla: I do. Commissioner Carollo: -- that you have had an employee of any agency without the Board's approval or knowledge, and particularly after they signed that they have to report to an executive director, that they would be working exclusively for someone in their other capacity that has nothing to do with the area and agency, that they were hired for. That's the big difference here. For instance, you've mentioned Neil Shiver. Let me tell you what the big difference is. I don't care if you want to say he's being paid by Southeast Overtown or he's being paid by here or whoever. And you acknowledged that yourself. You've been seeing Neil Shiver. And that's exactly the point. No one in the Omni CRA would see Jenny Nilo. That's the problem. Commissioner Diaz de la Portilla: That's a lie. Vice Chair Russell: Commissioner Reyes? Commissioner Reyes: It was -- Commissioner Diaz de la Portilla: No, no, no. Vice Chair Russell: Just -- just -- Commissioner Diaz de la Portilla: That is a lie. Commissioner Carollo: Then, you know what? Commissioner Diaz de la Portilla: That's a problem that you do. Commissioner Carollo: Then this is what we're going to get into. Commissioner Diaz de la Portilla: That's why the auditor general is going to conduct an investigation of the Omni CRA, of the Bavfront Park, and let him come back to us, Mr. Guba (phonetic), and tell us -- because I have some issues that I'm going to raise. I have my own pocket -items on the way. That's a lie. Commissioner Carollo: What is the lie? Tell us. Commissioner Diaz de la Portilla: What is a lie that no one has seen Jenny Nilo. Jenny Nilo has been to my office every day and sometimes on weekends. Commissioner Carollo: Oh, okay. But not -- what I'm talking about is the Omni CRA, so -- Commissioner Diaz de la Portilla: The Omni CRA -- Commissioner Carollo: What you're claiming is that her job was to be with you -- Commissioner Diaz de la Portilla: But -- Commissioner Carollo: -- the whole time -- Commissioner Diaz de la Portilla: -- I'm not. I'm -- City of Miami Page 161 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Carollo: Well, then -- Commissioner Diaz de la Portilla: No -- Commissioner Carollo: -- why was she not -- Commissioner Diaz de la Portilla: Listen -- Commissioner Carollo: -- at the Omni CRA? Commissioner Diaz de la Portilla: Commissioner, you're not -- Commissioner Carollo: That's -- that's what they're telling us. Commissioner Diaz de la Portilla: You're -- no. No. Commissioner Carollo: And you know what -- Commissioner Diaz de la Portilla: That's not what they are telling us. Commissioner, you're not judge, jury, and executioner. Commissioner Carollo: -- and neither are you. Commissioner Diaz de la Portilla: No, I'm not. I'm not trying to be. Commissioner Carollo: Absolutely. Commissioner Diaz de la Portilla: But you're trying to be. Let's -- Commissioner Carollo: No. Commissioner Diaz de la Portilla: -- let the auditor general look at it. Commissioner Carollo: I'm asking -- Commissioner Diaz de la Portilla: You're not a judge. Commissioner Carollo: -- for videos. Commissioner Diaz de la Portilla: You're not a jury, and you're not an executioner. And -- Commissioner Carollo: And neither are you. Commissioner Diaz de la Portilla: -- you don't intimidate me. Well, no -- Commissioner Carollo: But -- Commissioner Diaz de la Portilla: I'm not saying I am. Commissioner Carollo: -- this is why I'm asking for videos. Commissioner Diaz de la Portilla: You don't intimidate me. We're going to have -- what we're going to do is we're going request that the auditor general look at your Bayfiont Park because I have a number of issues I'm going to ask -- Commissioner Carollo: Anytime he wants. City of Miami Page 162 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Diaz de la Portilla: -- at your employees -- Commissioner Carollo: Anytime he wants. Commissioner Diaz de la Portilla: -- right here, that any employee you want -- because I have a number of employees I want to talk about. We can talk about a lot of employees if you want to talk about employees. Commissioner Carollo: Oh, yes. Yes. Yes. Commissioner Diaz de la Portilla: I have all night. Commissioner Carollo: Please. Commissioner Diaz de la Portilla: And I never get tired. So this is what I'll do. We will -- I will -- we will instruct the auditor general to look at your agency -- Commissioner Carollo: That's the first thing -- Commissioner Diaz de la Portilla: -- and that the Omni CRA -- Commissioner Carollo: -- that I did when I got here. I asked for an audit of my agencies. Commissioner Diaz de la Portilla: I know, but I'm going to ask for specific questions when I audit. Commissioner Carollo: You could do whatever you want. Commissioner Diaz de la Portilla: I know. I know I can. Commissioner Carollo: And you could try to, you know, flip the mirrors around because -- Commissioner Diaz de la Portilla: I'm not flipping any -- Commissioner Carollo: -- this is what I've seen you've been doing. Commissioner Diaz de la Portilla: -- I'm not flipping any mirrors around. Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: Because what I do is I do my research. Commissioner Carollo: Okay. Do your research. Commissioner Diaz de la Portilla: I don't accuse people. I don't engage in character assassination. Commissioner Carollo: Oh, character assassination. Commissioner Diaz de la Portilla: That's what you're doing. You're known for that. Commissioner Carollo: What have we -- Commissioner Diaz de la Portilla: And you're doing it again. City of Miami Page 163 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Carollo: -- done that's a character assassination? Commissioner Diaz de la Portilla: Your entire 40 years -- Commissioner Carollo: I'm asking you questions. Commissioner Diaz de la Portilla: Your entire 40 years you've been doing that. Commissioner Carollo: Alright, okay. Commissioner Diaz de la Portilla: And now you're doing it again. And you're doing it to an innocent -- Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: -- 56-year-old single mother with a 14-year-old child. That's what you're doing on Women's Month. Commissioner Carollo: But you didn't have any problems -- Commissioner Diaz de la Portilla: You were honoring women -- you were honoring women today, and you're attacking, without any evidence, a woman. That's what you're doing. So instead of you doing it and you being the judge, jury, and executioner, let's let the auditor general do it and see what happens. Let's get all those videos. Let's get all that information. I have no problem with the truth, but let's get to the truth. Commissioner Carollo: I'm sure you do. Commissioner Diaz de la Portilla: You do not own the truth. Commissioner Carollo: Nobody does. Vice Chair Russell: Commissioner Reyes. Commissioner Carollo: And you certainly don't. Commissioner Reyes: Yes. I just want to clarify a point, Commissioner. Commissioner Diaz de la Portilla, you stated that when I do a food distribution, that I have personnel from Downtown Development Authority. I had never had any. I had distributed mask and hand sanitizer in Downtown Miami with DDA personnel. Commissioner Diaz de la Portilla: DDA. Okay. Commissioner Carollo: But, Commissioner, that's not the point here. Commissioner Reyes: No, no, no. But I'm going to say -- and every time -- Commissioner Carollo: There would be nothing wrong -- Commissioner Reyes: -- every time -- Commissioner Carollo: There would be nothing wrong with that. That's not the point. Commissioner Reyes: No, no, no. Every time -- every time that we do -- City of Miami Page 164 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Carollo: He's trying to turn this all around -- Commissioner Reyes: Yes. But -- Commissioner Carollo: And make it to look into something else. Commissioner Diaz de la Portilla: You're engaging in -- Commissioner Carollo: And we're not going to let him do this. Commissioner Diaz de la Portilla: Don't use your power to abuse a helpless woman who's trying to rehabilitate her life, because that's what you do. And you've done it to many people. You're not going to do it to anybody under my protection, anybody. You are trying to character assassinate a person -- Commissioner Carollo: The video -- Commissioner Diaz de la Portilla: We're trying to -- a real -- there is no video. Commissioner Carollo: The video tell -- Commissioner Diaz de la Portilla: The video -- there is no video. Commissioner Carollo: Oh, okay. Commissioner Diaz de la Portilla: There is no video, and if you get the video, it'll prove you wrong. Commissioner Carollo: I'll bring you the ones -- Commissioner Diaz de la Portilla: Alright? And when you want to be a judge, you become cm judge. When you want to become the executioner or investigator or the FDLE -- they already told you, there's no FDLE investigation. Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: They already told you that. Commissioner Carollo: Alright. Commissioner Diaz de la Portilla: There is no investigation. Commissioner Carollo: That's not what I heard there. Commissioner Diaz de la Portilla: That's exactly what he said. Commissioner Carollo: Okay. Alright. Commissioner Diaz de la Portilla: Bring the police chief up here again. Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: Heath (phonetic), come back up here. There's a complaint. Anybody -- a snitch -- a snitch -- Commissioner Carollo: Oh, okay. City of Miami Page 165 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Diaz de la Portilla: -- can call and say, "Hey, I saw this, " and they -- that's a complaint. Commissioner Carollo: Now, that's -- Commissioner Diaz de la Portilla: That's not an investigation. Commissioner Carollo: That -- that's a word that usually criminals inside jails use. Commissioner Diaz de la Portilla: No, no, no, no, no, no, no. A snitch is -- you know - - you know very well what a snitch is, please. You know what a snitch is. Commissioner Carollo: You're darn right I do. Commissioner Diaz de la Portilla: I know you do. You said that there was a complaint. Mr. Papier: Yes, Commissioner. Commissioner Diaz de la Portilla: That somebody called in and said, "Hey, I saw this. " But I also asked you, is the FBI investigating Ms. Jenny Nilo? Is the FDLE -- is the City of Miami Police Department investigating her? Is the Miami -Dade County Depart -- Miami -Dade County Police investigating her? Is the State Attorney's investigating? In fact, the State Attorney said (UNINTELLIGIBLE), your public information officer, that there is no investigation. This is much ado about nothing to create fodder and to shift the focus. I figured because it's an election year, I get it. But there's nothing here that's criminal about Ms. Nilo's behavior. And it is immoral and unjust for you to act like a judge and a jury and attack a woman that has not done anything wrong, at least that you don't know she's done anything wrong. If there is in fact, a moment that is evidence that she's done something wrong, I'm with you. But you don't know that. You don't know that. Through innuendo, conjecture, you're implying things to hurt a single mother. Really? That's wrong, and it's immoral. Thank you, Chief. Commissioner Carollo: Are you done? Commissioner Diaz de la Portilla: No. Not yet. I'm getting start -- Commissioner Carollo: Are you -- Commissioner Diaz de la Portilla: Pm just getting warmed up. Commissioner Carollo: Well, finish it up. Commissioner Diaz de la Portilla: No, not yet. Commissioner Carollo: Come on. Come on. Finish it up. Commissioner Diaz de la Portilla: Not yet. Not yet. I have plenty of other -- Commissioner Carollo: Then finish it up. Commissioner Diaz de la Portilla: -- other information. I'm going to talk about a lot of things. I'm not done giving my statements. Commissioner Carollo: Okay. City of Miami Page 166 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Diaz de la Portilla: I just do it on my pace -- Commissioner Carollo: Alright. Commissioner Diaz de la Portilla: -- when I choose to do it. Commissioner Carollo: Alright. Commissioner Diaz de la Portilla: Not when you say to do it. And I'm here all night if you want. Commissioner Carollo: Mr. Chairman, can I -- Vice Chair Russell: Recognized. Commissioner Carollo: -- proceed? We all have been here today and heard that am asking questions of the acting police chief, the HR Director, and the Manager, wherein every question that I've asked, they're informative. I'm not making, nor have made -- have I made any accusation about Ms. Nilo. He's the one that's screaming, saying that -- Commissioner Diaz de la Portilla: I'm not screaming. Commissioner Carollo: -- all the stuff that he's claiming. Commissioner Diaz de la Portilla: I'm not screaming. Commissioner Carollo: What I -- what I am going to do though, sir, and I am going to present several motions, and I am going to do that with pain in my heart because you have been the biggest disappointment in my entire political history. Commissioner Diaz de la Portilla: You too. Commissioner Carollo: You are the biggest disappointment. Commissioner Diaz de la Portilla: You too, for me. Commissioner Carollo: But you're sitting there -- Commissioner Diaz de la Portilla: And you're sitting there too. Commissioner Carollo: -- because of me. Commissioner Diaz de la Portilla: No, you're not. No. You're sitting there because of me. Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: We could talk about it all we want. Commissioner Carollo: Let's call your -- Commissioner Diaz de la Portilla: It took you se -- Commissioner Carollo: -- ex -girlfriend and she'll talk about it. Commissioner Diaz de la Portilla: -- it took you 17 years to make a comeback. City of Miami Page 167 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Carollo: Sure. Commissioner Diaz de la Portilla: And probably the biggest mistake -- the biggest mistake I made -- Commissioner Carollo: Sure. Commissioner Diaz de la Portilla: -- was to help you when you've made your comeback 17 years later. Commissioner Carollo: Help me what? To get a graphics guy. Commissioner Diaz de la Portilla: Help you -- no. No, no, no, no. Commissioner Carollo: And sent the stuff to be printed that I paid for? Commissioner Diaz de la Portilla: Help you win an election by 236 votes. That's what I did. Commissioner Carollo: Okay. Well, that's fine. Commissioner Diaz de la Portilla: Remember? [Later...] Commissioner Carollo: I have a 3rd motion. Let me see on dates and you can all look for dates. But I would suggest that sometime in. the week of -- 2nd week of April, beginning Monday the 5th, we have a meeting here of the Omni CRA (Community Redevelopment Agency) where it can be videotaped and we can invite Mr. Jason Walker, other members of CRA, we can invite Ms. Nilo and we can ask questions, see some videos that there are, and deal with any matters that we need to. Furthermore, Madam City Attorney, as a Commission, can we institute ourselves according to the charter as an investigative body with subpoena powers to also be able to look into any of the allegations that Mr. Diaz de la Portilla has made, Ms. Nilo have made against Jason Walker or any other member that is employed by the CRA or for any other matter? Ms. Mendez.: Commissioner, I know that you do have the investigative powers as part of the City Commission, that there is not that same provision for the CRA. But if you'll give me a moment just to find the provision, I know that you do have subpoena powers and you do have. You also -- Commissioner Carollo: But you -- you didn't understand what I've asked because -- Ms. Mendez: You said a meeting of the CRA so -- Commissioner Carollo: Yes, but I'm talking about something other than that. Not as a CRA, but as Commission, by charter, we can have subpoena powers and empanel ourselves to be an investigative body. The question is, can it be done to investigate allegations of wrongdoing at the Omni CRA? And I'll publicly say Mr. Diaz de la Portilla or Ms. Nilo can provide me any facts that Mr. Walker or anybody else there who's done wrongdoings, I'll be the first to ask for them to be fired. But what I'm seeing here is a pattern, a pattern that if anybody opposes him or his cronies, he's going to attack and make false allegations against them. I'm saying all this because there's so much that I haven't brought up today because I wasn't going to get tied down in a whole meeting so that we can get the things that we needed to be approved, City of Miami Page 168 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 like we've done already in this and we're moving forward and some more. But you're going to get your wish -- Commissioner Diaz de la Portilla: Well, I can't wait. Commissioner Carollo: -- whatever you wish. Commissioner Diaz de la Portilla: So are you. [Later...] Vice Chair Russell: You're recognized, Commissioner. Commissioner Carollo: Mr. Chairman, what I would suggest that you do, is that you look to see when we can have the meeting of the Omni CRA (Community Redevelopment Agency). As you know, and you well know is, there's a huge amount of business that hasn't been done in months, and is that all because of COVID related. But when allegations that they can 't tell you what they are, are launched against our executive director and for that matter, others that have been called liars there, that have made statements. We cannot have our top people in the Omni CRA, be called liars, that -- be accused that they're the ones that didn't show up to work, and so much more. And of course, Mr. Diaz de la Portilla knows well, by the game that he's playing, the Auditor General's song, what he's trying to do is see how he can kick -- kick the can as far as he can because first of all, he knows the Auditor General for something of this sort, is not equipped to handle it nor does he have the personnel and he knows that they'll be a year plus before you hear anything back. So he could go to the Auditor General with anything that he would like, and that's his prerogative. We cannot have our executive director with one of our own trying to taint his name. In this case, it is trying to taint him unlike what he accused me and maybe some of you of doing with Ms. Nilo that we didn't say anything about her. You know, I was asking if there's evidence, that we've all heard there is out there the videos, to get them and to be able to see them. But if he has any evidence -- he has any evidence on anything that Mr. Walker or anybody else from the CRA has done, they need to bring it clear not be talking in generalities and not knowing, what is it that they're accusing him of? Except throwing mud at him to try to muddy him up and anybody else in the CRA or anybody else that points the truth against this man and his cronies. Vice Chair Russell: Commissioner, the Omni CRA is currently under audit, already. Commissioner Diaz de la Portilla: That's not substantial. Vice Chair Russell: Could we add to that with these allegations and allow the auditor to conduct an investigation so that these employees who have been accused aren't dragged in front of here, put on the camera and interrogated, which creates in its own impression of guilt. I trust our auditor to conduct that investigation into whether or not attendance, but the unmentioned accusations because at the end of the day, it feels like there is no actual accusation, it was a retaliation from -- Commissioner Diaz de la Portilla: There is an accusation. Vice Chair Russell: -- I need to know what it is. Commissioner Diaz de la Portilla: No, you don't. Vice Chair Russell: Because -- City of Miami Page 169 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Diaz de la Portilla: No, you don't. You're not a Judge or neither is he. No, the Auditor General needs to know, that's why every Commissioner has a right to request an audit -- Vice Chair Russell: When the Auditor investigates, we will all know. Commissioner Diaz de la Portilla: Exactly, so he'll come back to you. Commissioner Carollo: The Auditor General, so it could be -- Commissioner Diaz de la Portilla: The Auditor General. Commissioner Carollo: So, you create this cloud of -- Commissioner Diaz de la Portilla: And not only -- Commissioner Carollo: -- (UNINTELLIGIBLE) the Chairman, also, which is part of what you were doing. (UNINTELLIGIBLE) over him. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) we're doing the Bayfront Park. Commissioner Carollo: And some people there are the ones that he hired, when he was Chairman, and this was dragged on, you know, for a year -and -a -half, or more. Commissioner Diaz de la Portilla: The request -- Commissioner Carollo: While you create -- Vice Chair Russell: Commissioner, if you'd like an investigation here, with us as the body, I respect it. Commissioner Diaz de la Portilla: But, let's do one of the Bayfront Park, too, Management Trust -- Commissioner Carollo, For what? Please, you know, you can do -- Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) we've all been reading it, like you say. We've all been reading the papers of the stuff that comes up. There's an editorial on a doggy and cats sculpture you want to do in Bayfront Park. You requested from us when I was Omni Chair, whereas $2 million he made a huge argument about it. There is a Herald editorial on it. Here, look. Vice Chair Russell: I need -- Commissioner Diaz de la Portilla: There's a Herald editorial, look. So, you've been reading about it, I read this, and the accusations, right? Innuendo, innuendo -- well, this is also an article and what I want to know is, what -- Commissioner Carollo: What is wrong there, tell me? Commissioner Diaz de la Portilla: Well, what's wrong there is it's a single bidder. Vice Chair Russell: We're going off topic. City of Miami Page 170 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Diaz de la Portilla: A lady resigned, a board member resigned, as a result of the single bidder. I want to know who the single bidder is, from Doral. I want to know why you were spending in $890,000 without putting it out to bid -- Vice Chair Russell: We are getting off the topic -- Commissioner Diaz de la Portilla: No, it's not off topic. I'm requesting -- I'm requesting an Auditor General investigation -- Commissioner Carollo: Absolutely. Commissioner Diaz de la Portilla: -- audit of Bayfront park -- Commissioner Carollo: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: -- Omni CRA and Bayfront Park, because Bayfront Park is not your personal fiefdom like you've made. So, what I want to do -- Commissioner Carollo: Mr. -- Vice Chair Russell: Just a moment. We need actions here. We cannot just have constant discussion and accusation -- Commissioner Diaz de la Portilla: These are the actions -- we don't need actions. I can direct it directly. Vice Chair Russell: We need a motion -- Commissioner Diaz de la Portilla: I don t need a motion. Vice Chair Russell: Madam City Attorney -- Commissioner Diaz de la Portilla: I can direct -- Commissioner Carollo: He doesn't need a motion. Vice Chair Russell: Just a minute, please. Madam City Attorney, a request for an audit by the Auditor General, can be requested by a Commissioner -- Victoria Mendez (City Attorney): One -- Commissioner Diaz de la Portilla: One Commissioner -- Ms. Mendez: One Commissioner at an open meeting for sure, or the body --or the body -- Vice Chair Russell: Without an action of the body. Commissioner Diaz de la Portilla: Correct. Commissioner Carollo: So but I -- I do want to take it further. I really want to help the Commissioner out here. I really want to help you. Commissioner Diaz de la Portilla: Okay, I'm helping you, too. Commissioner Carollo: That tyrant of integrity that we have. City of Miami Page 171 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 [Later...] Vice Chair Russell: I'd like to clarify the directions, Commissioner Diaz de la Portilla, the direction you are giving for an investigation is exactly what? Commissioner Carollo: He could do whatever he wants. Commissioner Diaz de la Portilla: To -- Vice Chair Russell: You have one as well? Commissioner Carollo: Don't give any credibility to what he's trying to do -- Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Vice Chair Russell: Anyone -- Commissioner Carollo: (UNINTELLIGIBLE) smoke and mirrors. Commissioner Diaz de la Portilla: Investigation into Bayfront park -- Commissioner Carollo: He could do whatever he wants. He doesn't have to say here, he can send it in writing -- Commissioner Diaz de la Portilla: His entire budget -- his entire budget in particular, with a doggy and catty thing that he was wanted to do over there at Bayfront Park, the dogs and cats that he wants to do over there. That's the particular one I want to look at. Vice Chair Russell: Okay. Commissioner Diaz de la Portilla: Then of course, the actual budget that he has passed in the last board meeting because there's also some issues. By the way Madam Attorney, we have the ability to talk to the Auditor General ourselves, right. Individually? Commissioner Carollo: Absolutely. Commissioner Diaz de la Portilla: Yeah. I'm talking to the City Attorney, not to you. Commissioner Carollo: Get yourself the wall speaking -- Commissioner Diaz de la Portilla: Do we have that ability? Victoria Mendez (City Attorney): Yes. Commissioner Diaz de la Portilla: Okay. So that investigation into -- since 2017 on, to the Bayfront Park and then I want an investigation on the last'bur years jbr the Omni CRA (Community Redevelopment Agency), including my tenure there, into any sweet, any kind of deals or any kind of perks, any kind of things that may have happened from our inspect -- from our Auditor General. That's what I'm directing our Auditor General to give us -- Commissioner Carollo: Please make sure the Auditor General begins by how he forced under duress the executive director to hire his cronies -- Commissioner Diaz de la Portilla: Now you're acting as jury now -- City of Miami Page 172 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Carollo: -- and how the -- fine Commissioner here thought that he was going to get the votes to fire Mr. Jason Walker, and if he didn't resign, except he miscalculated because he maybe thought I was going to just follow along with everything. Then when he realized that he had the votes, he went ahead and put a full core press trying to pressure Mr. Walker to resign. Commissioner Diaz de la Portilla: That's another lie. Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: As most of the things you do -- Commissioner Carollo: It's a lie that you didn't try to force Mr. Walker to resign? Commissioner Diaz de la Portilla: I tried to do what every Chairman, does like you did when you got rid of your Bayfront Park Executive Director -- Commissioner Carollo: I didn't get rid of him. He resigned on his own. Everybody knows it. Commissioner Diaz de la Portilla: Sure, he did, sure he did -- Commissioner Carollo: Alright. Commissioner Diaz de la Portilla: -- and that's what every -- Chairmen when he comes in, picks like Mr. Russell -- Chairman Russell did when he came in, Pieter Bockweg was there and he picked Mr. Walker. Commissioner Carollo: Well, look, you said first it's a lie now you're trying to say that -- Commissioner Diaz de la Portilla: No, it's a question. Commissioner Carollo: (UNINTELLIGIBLE). Which is it? Commissioner Diaz de la Portilla: Whenever -- it's very simple, when a new administration comes in and when a new chairman comes in, he wants to have his own people at the helm, like you did, like Commissioner Russell did, like Commissioner Reyes did -- Commissioner Carollo: A year -- a year later. Commissioner Diaz de la Portilla: -- like Commissioner Sarnoff like Spence -Jones did. I mean, everybody does it. Vice Chair Russell. Commissioner -- Commissioner Diaz de la Portilla: That's normal. A new administration comes in and you put your own people. Vice Chair Russell: Commissioners. Commissioner Diaz de la Portilla: That's normal. Vice Chair Russell: Your direction has been captured and is clear. City of Miami Page 173 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Diaz de la Portilla: Thank you. Vice Chair Russell: Commissioner Carollo, do you have any direction on what you'd like to place with regard to what you've discussed? Commissioner Carollo: Well, look, I've asked the City Attorney to get an answer for us so that we know where we can go -- Vice Chair Russell: About whether or not we can conduct an investigation as -- Commissioner Carollo: On -- Ms. Mendez: I can read it to you. It's five lines. The Commission may investigate official transactions, acts and conduct. "The mayor, city commissioners, or any committee thereof may investigate the financial transactions of any office or department of the city government and the official acts and conduct of any city official, and by similar investigations may secure information upon any matter." Commissioner Carollo: So, the question is, Madam City Attorney, can this body, at any time, impanel itself with subpoena powers to conduct an investigation -- Ms. Mendez: In conducting -- Commissioner Carollo: -- of what has transpired at the Omni CRA. Ms. Mendez: Sorry, two more sentences. "In conducting such investigations the mayor, city commission, or any committee thereof may require the attendance of witnesses and the production of books, papers and other evidence, and for that purpose may issue subpoenas which shall be signed by the presiding officer of the city commission or the chair of such committee, as the case may be, which may be served and executed by any police officer." Vice Chair Russell: Madam City Attorney, I did not hear within there a list of boards that can be investigated. Would they be considered parts of the City? Ms. Mendez: Any office or department of the City government and the official acts and conduct -- Vice Chair Russell: Yes. Ms. Mendez:: -- of any City official. Vice Chair Russell: So, would you consider a board -- a CRA board a part of the City? Commissioner Carollo: For this purpose. For this purpose. Ms. Mendez: I thought that what you were -- it was the official acts and conducts of a city official. I thought that's what -- Vice Chair Russell: So, would -- Ms. Mendez: -- not necessarily the CRA, but that -- Vice Chair Russell: Would Mr. Walker be considered a city official? Ms. Mendez: He is a -- City of Miami Page 174 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Carollo: For this purpose. Ms. Mendez: He's a CRA official. (UNINTELLIGIBLE) it says the city government. Vice Chair Russell: All of these board to which we appoint -- Ms. Mendez: Right, so all the boards -- Vice Chair Russell: -- are creatures of the City. They're parts of the City. Ms. Mendez: So, all the boards of the City of Miami, definitely. The CRA, we -- it's a separate entity, but we -- can you let me confirm this because we really haven't -- Commissioner Carollo: Why don't you research it -- Ms. Mendez: It's the first time -- Commissioner Carollo: -- let its know. Vice Chair Russell: She'll come back to it. Commissioner Carollo: Yeah, in writing. Ms. Mendez: We just have to figure out what city government is. If city government takes over everything -- Commissioner Carollo: This is why I was asking that, Madam City Attorney, this is not a black and white, in reading it, as if we were to do something that's just strictly City of Miami. So, if you could, you know, study it and get back to us by Monday, with a written opinion, if we can or not: Ms. Mendez: Thank you. Commissioner Carollo: I think that would be -- that would suffice, and we're giving them plenty -- you know, Friday, we're giving the Monday, and the weekend, if they need to do any additional research, okay? Vice Chair Russell: Thank you very much. Is there any further discussion on this item, Commissioner Carollo? Commissioner Carollo: For the moment, no, but I expect there'll be quite a bit in the future. Vice Chair Russell: Thank you. City of Miami Page 175 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 NA.8 8831 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING COMMISSIONER ALEX DIAZ DE LA PORTILLA AS CHAIRPERSON OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY. ENACTMENT NUMBER: R-21-0132 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Watson NAYS: Diaz de la Portilla Commissioner Carollo: I have another motion in the same one. Vice Chair Russell: You're recognized. Commissioner Carollo: It's a motion to discharge Alex Diaz de la Portilla as chairman of the Omni CRA (Community Redevelopment Agency). Commissioner Reyes: I second. Vice Chair Russell: The motion -- there's a motion. There's a second by Commissioner Reyes. We'll open the floor for public comment. Seeing no one here for comment, I'll close public comment. Any comments from the dais? All in favor of the items? Commissioner Diaz de la Portilla: A question of the City Attorney. Vice Chair Russell: You're recognized. Commissioner Diaz de la Portilla: Does that need to be noticed? Commissioner Carollo: It says where. Commissioner Diaz de la Portilla: Na, noticed. Victoria Mendez (City Attorney): Can you give me a moment to look at that, please. Vice Chair Russell: Board appointment notices. Commissioner Reyes: I wasn't going to second anything. Ms. Mendez: So -- different than ordinances and public hearing items and those things -- those things are noticed and advertised, our board appointments aren't. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: Thank you, Madam City Attorney. Any further discussion? Commissioner Carollo: None. Vice Chair Russell: All in favor of the item, say "aye." Commissioner Reyes: Aye. City of Miami Page 176 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 NA.9 8832 Office of the City Clerk Commissioner Carollo: Aye. Vice Chair Russell: Any opposed? Commissioner Diaz de la Portilla: No. Vice Chair Russell: Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER KEN RUSSELL AS CHAIRPERSON OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY. ENACTMENT NUMBER: R-21-0133 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Carollo, Reyes, Watson NAYS: Diaz de la Portilla Commissioner Reyes: Mr. Chair? Vice Chair Russell: You recognize Commissioner Reyes -- Commissioner Reyes: Yes, since the position of the director of the Omni CRA (Community Redevelopment Agency) is empty, we should pick -- Vice Chair Russell: It's not empty. Commissioner Reyes: (UNINTELLIGIBLE). Vice Chair Russell: The directorship. Commissioner Reyes: No the -- Commissioner Carollo: The chairmanship. Commissioner Reyes: The chairmanship. We should pick somebody to fill that position. Commissioner Carollo: As I've stated, gentlemen, in the past when I was appointed Vice Chairman, I didn't want to be appointed Vice Chairman, I didn't even want to be on the board. So, I do not want to be chairman. Commissioner Reyes: I don't want to be chairman either, and I think that we will have -- I'm nominating Commissioner Russell. Commissioner Carollo: Okay. I will second the nomination. Vice Chair Russell: There's a motion and a second. Commissioner Carollo: Call the question. Vice Chair Russell: I'd like to say something. City of Miami Page 177 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Carollo: Okay. Vice Chair Russell: I'm --1'm very proud of this, CRA. CRAB have a bad reputation statewide. But I'm really proud of our work there. Even -- and the work that's been done this year. Affordable housing is being created like never before in that CRA, the greatest opportunity for affordable housing in the entire city. The school board has nine acres there that they were just waiting for an active MOU (Memorandum of Understanding) they already had with the CRA to activate those parcels for education, housing, technology, put them on the roles. There's so much opportunity in that CRA, there's so many people of need and I care very much about what happens there. I believe that District Commissioners should be the chairs of CRAs within their district. In fact, Commissioner Watson's district overlaps this CRA as well. There is accountability that comes into play when you answer to the people that you govern. I'm embarrassed right now.* our City because of our display here today and the accusations that are coining to the CRA and our employees and I do not want to normalize this behavior. It's not normal. Agencies -- outside agencies do not use City cars. The DDA (Downtown Development Authority) has never used a City of Miami car for any function. The Omni CRA prior to this has never. We wear different hats and we have to keep our hats very separate and that's really important. And I wasn't asking for this today, but this is something that I've -- I -- Commissioner Reyes: Let me tell you, I wasn't planning this -- I wasn't -- neither was -- I didn't expected this to end like this. Vice Chair Russell: But 1-- despite the circumstances, I do appreciate the motion. I care very much about this part of my district and I want to see it thrive and I have to do it together with all of you. Whatever fights we get in, we need to work together from here. Commissioner Diaz de la Portilla, from the day you took that chairmanship, I stood with you in that CRA for any initiative you wanted to work on. Commissioner Diaz de la Portilla: It's true. Vice Chair Russell: I counted the votes. I stiff upper lip, chin up, move on. We got to work for the City and so that's what I'd like to do from here forward with this CRA. These outside investigations to whatever level they go and whatever internal investigations that we want to bring. I do not want innocence to be accused, especially in the press without judge or jury. That really upset -- we are elected, we got in this game to fight with each other, and politics is rough, but our employees did not. City staff did not, CRA staff did not, and we have to be really, really careful before we attack the character of a staff employee, a civil servant, because they didn't ask for this like we did. So I appreciate the motion and the second. Commissioner Reyes: Well, let's vote on it -- Vice Chair Russell: I would gladly act as the chairman of the Omni CRA. Is there any -- is there anyone here from the public who would like to speak on this item? Seeing none, I'll close public comment. Is there anyone from the dais who would like to comment? Commissioner Watson: Yeah. Mr. -- Mr. Chair -- Vice Chair Russell: Your recognized Commissioner Watson. Commissioner Watson: -- I just want to say I think that in a lot of a rush to ensure that you may have fairness if that's the word to be used. I think that the legislation was offered should be tantamount to what we should go through for every employee. I mean let's be real, at the end oldie day, all practical purposes, as long as it's broad - City of Miami Page 178 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 NA.10 8833 City Commission based, it is across the board and fair, there should be nothing wrong with ensuring that our employees can stand whatever test of time that should be stood. And so I think that in the spirit of it being off -- in the spirit of being offered, I think that is something that it should be broad -based and applied at weight. I just also want to say from this perspective, in terms of putting on the record, Mr. Clerk, regarding Mr. Shiver, he's been a long-term City employee, I've never known him to have anything to be called into question, he's been volunteering for me, who's there a 45-year friendship, and so I don't want to say he has in comparison to anybody or anything of that nature, hell ljust got a 35 yearpin City of Miami service myself And so we always both clear about what -- what should be done or not be done, and I just want to make sure that was the case. Because clearly, sometimes we reach out and say something, not necessarily intentionally. But I just wanted to make that clear that I've not known that from him and wanted to make sure that is on the record. Thank you. Vice Chair Russell: Thank you. Noted. Any further discussion? Commissioner Carollo: Yes. We voted -- We voted already, right? Vice Chair Russell: We haven't voted yet. Commissioner Carollo: Okay. Let's vote and I'd like to say something else. Vice Chair Russell: Thank you. It's been a motion, there's been a second, all in favor, say "Aye." Commissioner Reyes: Aye. Commissioner Carollo: Aye. Vice Chair Russell: Any opposed? Commissioner Diaz de la Portilla: No. Vice Chair Russell: Motion passes, 4-1. DIRECTIVE DIRECTION BY COMMISSIONER CAROLLO TO THE CITY CLERK TO TRANSMIT THE VIDEO DISCUSSION INVOLVING THE OMNI COMMUNITY REDEVELOPMENT AGENCY TO THE FEDERAL BUREAU OF INVESTIGATION PUBLIC CORRUPTION DIVISION AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT OFFICE OF EXECUTIVE INVESTIGATIONS. rRESULT: DISCUSSED Commissioner Carollo: Mr. Clerk, please make sure that a whole video of this meeting, and this part of it, gets sent to the head of public corruption of the FBI (Federal Bureau oflnvestigation), Florida Department of Law Enforcement. Commissioner Diaz de la Portilla: Absolutely. Commissioner Carollo: This way, all those dogs and cats and stuff that he's worried about, they could look at all of that. Commissioner Diaz de la Portilla: Very important. City of Miami Page 179 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 Commissioner Corolla: You know, that same company is the one that Jorge Perez hires every year -- Commissioner Diaz de la Portilla: Single bidder. Commissioner Carollo: The Art in Public Places Committee spends millions worth every year. That's the one from Miami -Dade County by the way. So please send that so that they could look at everything that went on here today. In particularly, whoever has those videos. Commissioner Diaz de la Portilla: I'm just reading a Herald Editorial. Commissioner Carollo: Yeah. Yeah. So please send that to the head of public corruption at the FBI and the head of public corruption of Florida Department of Law Enforcement. Vice Chair Russell: Thank you. City of Miami Page 180 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 NA.11 8834 City Commission DISCUSSION ITEM UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE APRIL 8, 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. RESULT: DISCUSSED Vice Chair Russell: Madam City Attorney will read into the record the setting of the next meeting, at April 8th, please, the Chalks Item. Victoria Mendez (City Attorney): Mr. Chairman and members of the City Commission, pursuant to the provisions in Section 286.0118 of the Florida Statutes, I'm requesting that the City Commission meeting of April 8th, 2021, our attorney - client session, closed to the public, be held for the purposes of discussing the pending litigation in the matter of Chalks Airline Inc. Vs. City of Miami, Case Number 17- 023207 CA-Ol, and Chalks Airline Inc. and Nautilus Enterprises LLC. Vs. Miami Sports and Exhibit Authority and the City of Miami, Case Number 18-030887 CA-01, both pending in the Miami -Dade circuit court to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations, a strategy discussion related to litigation expenditures. This private meeting will begin at approximately 10:00 am, or soon thereafter, as Commissioners' schedules permit, and conclude approximately one hour later. The session will be attended by members of the City Commission, which includes Vice Chairman Ken Russell, and Commissioners Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes, and Jeffrey City of Miami Page 181 Printed on 02/24/2025 City Commission Meeting Minutes March 25, 2021 ADJOURNMENT Watson, City Manager Arthur Noriega, City Attorney Victoria Mendez, Deputy City Attorneys John A. Greco, Barnaby Min, and Senior Assistant City Attorneys Christopher Green, George Wysong, and Kerri McNulty (phonetic), a certified court reporter will be present to ensure that the session is fully transcribed and the transcript will be made public upon the conclusion of the litigation, at the conclusion of the attorney -client session. The regular City Commission meeting will be reopened and the Chairman will announce the termination of the attorney -client session. Thank you. Vice Chair Russell: Thank you, Madam City Attorney. If no one has anything else for us, 1 would like to thank everyone for their advocacy, their patience, as always, and their involvement. We are adjourned. Everyone have a good weekend. Thank you. The meeting adjourned at 7::48 p.m. City of Miami Page 182 Printed on 02/24/2025